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In the criminal justice system
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00:00:08,108 --> 00:00:11,874
the people are represented
by two separate
yet equally important groups,
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00:00:12,045 --> 00:00:13,808
the police
who investigate crime
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00:00:13,980 --> 00:00:16,574
and the district attorneys
who prosecute the offenders.
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These are their stories.
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00:00:20,520 --> 00:00:21,919
Dad, we're here.
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Alex, go tell Grandpa
that it's time
to go to the movies.
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00:00:30,096 --> 00:00:33,190
Stewart, it's me.
I'm going to drop
Alex off at about 6:00.
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00:00:34,901 --> 00:00:36,698
We're seeing
a movie with Dad.
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00:00:37,270 --> 00:00:38,635
That's because
you don't listen.
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Grandpa's taking
a nap, Mommy.
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00:00:40,874 --> 00:00:41,932
Well, wake him
up, sweetheart.
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I tried.
He won't wake up.
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Stewart,
don't hang up.
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Dad?
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00:00:54,387 --> 00:00:55,513
Oh, my God!
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00:00:57,857 --> 00:00:59,518
Victim's Kenneth Slattery,
age 67.
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His daughter found him.
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00:01:01,027 --> 00:01:02,892
He was unconscious
when the EMTs took him out.
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Said it was
touch and go.
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You check the upper floors?
All clear.
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Daughter said there
was a maid comes in
three times a week.
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Let me guess.
Today's her day off.
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That's the trouble
with maids, never around
when you need them.
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00:01:12,972 --> 00:01:15,497
Looks like he took
a couple of blunt force
blows to the head.
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Yeah?
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What's the blunt
instrument of the day?
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Beer stein, from
his alma mater.
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00:01:22,148 --> 00:01:24,446
Hmm, Harvard.
Class of '55...
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My alma mater gave out
commemorative beer cans.
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Juris Doctor degree.
Guy was some kind of lawyer.
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00:01:29,856 --> 00:01:31,915
Doesn't mean he deserved
to get beat, Rey.
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This is where
he got hit, huh?
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00:01:35,261 --> 00:01:38,025
You got a time?
Blood's just starting
to coagulate.
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The daughter found
him at 3:00 p. m.
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I'd say it was
about one-to-two
hours before that.
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Any forced entry?
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No. Whoever did
it was let in
or had a key.
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Slattery's day planner,
today's page is empty.
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Custody recommendations.
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00:01:52,912 --> 00:01:54,743
This guy wasn't
just a lawyer, Rey.
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He's a divorce lawyer.
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Doesn't mean he deserves
to get beat, Lennie.
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00:02:49,869 --> 00:02:53,532
I don't understand who
could have done this. My dad
doesn't have any enemies.
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What about personal
problems?
No.
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00:02:55,708 --> 00:02:57,005
Something related
to his practice?
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00:02:57,076 --> 00:02:58,703
A dispute with
a client maybe?
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00:02:59,212 --> 00:03:02,477
My father retired five years
ago from Peckinpah and Greene.
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00:03:02,549 --> 00:03:04,073
He doesn't have any clients.
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00:03:04,150 --> 00:03:06,710
We found custody
recommendations on his desk.
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00:03:07,320 --> 00:03:09,345
Yeah, he was doing
some pro bono
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00:03:09,422 --> 00:03:11,549
mediation in child
custody cases.
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So, people were coming in
and out of the apartment?
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Couple of days a week.
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The only print Latent found
on the beer stein belongs
to the victim.
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00:03:20,166 --> 00:03:22,600
He's from Harvard,
so I guess it's not the pinky.
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Any suspects jumping out?
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00:03:24,270 --> 00:03:26,966
Just a lot of parents I'd like
to slap some sense into.
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People trying to split up
their kids along
with their pennies.
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00:03:30,176 --> 00:03:31,734
Any wife
beaters in there?
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A few. Why?
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00:03:33,713 --> 00:03:37,240
After beating a woman,
an old man isn't too far
out of your strike zone.
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00:03:37,317 --> 00:03:40,411
What about this one here?
Javier and Linda Hernandez.
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00:03:40,787 --> 00:03:42,778
He's got a history
of spousal abuse.
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00:03:43,156 --> 00:03:44,919
Their hearing keeps
getting postponed.
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00:03:45,325 --> 00:03:48,158
Slattery's the third
mediator they've had.
The other two gave up.
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00:03:48,494 --> 00:03:49,688
Smart move.
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00:03:52,599 --> 00:03:55,295
Well, your first two mediators
say you have a habit
of threatening people.
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00:03:55,501 --> 00:03:56,934
You ever threaten Slattery?
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00:03:57,503 --> 00:03:59,664
Slattery keeps telling me,
"You got to compromise this,
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"you got to compromise that.
You got to compromise
with your wife. "
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00:04:03,343 --> 00:04:04,674
You don't like to compromise?
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00:04:04,744 --> 00:04:07,144
How can I compromise if she
won't do what I say, huh?
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This whole thing would've
been settled if it
wasn't for Slattery.
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00:04:10,516 --> 00:04:14,384
He missed a meeting with
Linda and me and the judge
two weeks ago.
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Why don't you just
tell us where you were
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Thursday afternoon?
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00:04:18,491 --> 00:04:22,120
I dropped a block
of ice on my foot Wednesday,
so I stayed home Thursday.
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By yourself?
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00:04:23,763 --> 00:04:25,424
Yeah. You can
check with Linda.
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She was calling me every two
minutes, harassing me.
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That balloon head tell
you he hasn't given me
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any money for the kids
in over a month?
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00:04:34,007 --> 00:04:35,838
We're here about
Kenneth Slattery.
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He got beaten into a coma.
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00:04:37,243 --> 00:04:38,301
That's too bad.
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00:04:38,378 --> 00:04:40,846
Doesn't sound
like he was too popular
with you or your husband.
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00:04:40,947 --> 00:04:43,814
He was jerking us around.
He blew off our last
custody conference.
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00:04:43,883 --> 00:04:46,249
Some bull about a big case
he had in New Jersey.
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00:04:46,452 --> 00:04:48,716
You think your husband
got mad enough to do
anything about it?
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00:04:48,988 --> 00:04:50,478
Javier? He'd have to borrow
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00:04:50,556 --> 00:04:51,853
a set to do
something like that.
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What about you?
Where were you Thursday?
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00:04:54,394 --> 00:04:56,191
I work day care on Thursdays.
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00:04:56,896 --> 00:04:58,329
You talk to your
husband Thursday?
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00:04:58,631 --> 00:05:00,360
Every chance I got. He stayed
home because he stubbed
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00:05:00,433 --> 00:05:02,298
his big toe. I told you,
he's a wimp.
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00:05:02,368 --> 00:05:03,392
Anything else?
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00:05:03,469 --> 00:05:04,697
If there is,
we'll be in touch.
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00:05:07,874 --> 00:05:10,536
Boy, those two must've
been the highlight of
Slattery's week.
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00:05:10,710 --> 00:05:13,110
I don't remember him having
any cases in New Jersey.
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It's not like my father.
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He wouldn't cancel
at the last minute unless
it was an emergency.
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What emergency did he
have in New Jersey?
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I don't know.
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He have family out there?
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00:05:23,723 --> 00:05:25,657
No. Alex and I are
his only family.
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Sorry to put you
through all this.
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Lennie, monthly statements
from a document storage
company in Fort Lee.
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00:05:33,232 --> 00:05:36,793
Mr. Slattery had two
storage units where
he kept legal files.
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00:05:36,869 --> 00:05:38,837
Last time he was here
was two weeks ago.
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For what? To poke
around his locker?
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The clients don't have
access to the units.
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They have to call ahead,
and we pull the records.
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So, he requested
a specific box?
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00:05:50,850 --> 00:05:54,149
A Miss DeVoe called
for him. She's with
Peckinpah and Greene.
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Slattery's old firm.
Can you tell us
what was in the box?
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Is Kenneth Slattery
going to be all right?
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He's still
in a coma,
Ms. Weiss.
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McFarland. Why do
you need to talk to me?
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00:06:07,233 --> 00:06:10,327
Mr. Slattery was my
divorce attorney
15 years ago.
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Well, he pulled your file
from storage a week before
he was attacked.
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Well, I'm in a proceeding
with my ex-husband.
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My current lawyer
asked for some documents
from Mr. Slattery.
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A proceeding 15
years after your divorce?
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A financial thing.
It's pretty straightforward.
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Kelly, it's the Chicago rep.
There's a problem.
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I have to take this.
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Straightforward
divorce matter?
That's a new one on me.
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00:06:34,394 --> 00:06:37,989
It's over the buy-out I'm
getting from our medical
corporation's pension plan.
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00:06:38,231 --> 00:06:40,256
I'm taking early retirement
at the end of the month.
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00:06:40,366 --> 00:06:41,560
Getting out while
you're still young?
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00:06:42,235 --> 00:06:45,204
My partners and I delivered
800 babies last year.
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00:06:45,872 --> 00:06:48,363
And, uh, these hot
shots'd like to double
it if they could.
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I need a break.
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00:06:49,575 --> 00:06:53,170
Your ex wants a piece
of your pie 15 years
after the divorce?
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00:06:53,780 --> 00:06:55,304
I really don't want
to get into it.
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If it was me, I'd be
jumping out of my skin.
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The fact Slattery's
about to croak,
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00:06:59,485 --> 00:07:00,952
is that what's keeping
your blood pressure down?
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00:07:01,254 --> 00:07:03,984
If he does, I'm not planning
a long mourning period.
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00:07:04,624 --> 00:07:07,457
Fifteen years ago,
I was on the hook for
Kelly's legal bills.
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00:07:07,727 --> 00:07:11,026
Slattery turned up so many
fees, I could've claimed
him as a dependent.
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00:07:16,536 --> 00:07:19,505
Dr. Weiss says
his wife waived all
claims on his pension
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00:07:19,572 --> 00:07:22,006
during a settlement
conference 15 years ago.
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00:07:22,308 --> 00:07:23,866
Ms. McFarland
says she didn't.
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00:07:24,243 --> 00:07:25,767
Wouldn't it be
in the divorce decree?
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00:07:25,945 --> 00:07:29,608
It isn't. That's why
Mr. Slattery was being
deposed by her current lawyer.
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So, depending on what
Slattery says, Mr. Weiss
might have to
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00:07:33,619 --> 00:07:34,950
fork over how
much to his ex?
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00:07:35,655 --> 00:07:38,954
I believe she'd be
entitled to half of
around $3,000,000.
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Hard to testify when
you're in a coma.
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00:07:42,195 --> 00:07:45,130
Oh, Mr. Slattery had
already been deposed.
Last Tuesday.
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Two days before
he got a beer stein
upside the head.
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Uh, can we get
a transcript of
that deposition?
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00:07:52,872 --> 00:07:55,602
Court records.
Weiss v. Weiss.
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00:07:55,908 --> 00:07:56,897
Where you want them?
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00:07:59,111 --> 00:08:02,274
If people got along better,
the old-growth forest
might stand a chance.
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00:08:02,348 --> 00:08:04,316
And this was a marriage
with no kids.
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00:08:04,383 --> 00:08:06,010
All these two fought
about was money.
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00:08:06,519 --> 00:08:07,713
Well, you know what
the experts say.
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00:08:08,287 --> 00:08:10,517
If you want to get rich,
stay married.
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Here we go.
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Question, "At that time,
do you recall what if
anything was agreed
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00:08:16,128 --> 00:08:18,119
"to concerning
Dr. Weiss's pension?"
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00:08:18,631 --> 00:08:21,657
Answer from Slattery,
"As best I can recall,
in return for a raise
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00:08:21,734 --> 00:08:25,329
"in her alimony,
my client, Ms. McFarland,
waived all future
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00:08:25,404 --> 00:08:27,133
"claims on his pension. "
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00:08:27,240 --> 00:08:29,174
Adiós, 1,500,000 bucks.
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00:08:29,575 --> 00:08:32,066
I bet his client,
Ms. McFarland, was
thrilled to hear that.
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00:08:32,178 --> 00:08:33,509
Yeah, really
thrilled. Get this.
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00:08:33,646 --> 00:08:36,911
"You son of a bitch,
you're lying, that bastard
got to you, didn't he?
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"Just like he did
all the others. "
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00:08:38,718 --> 00:08:40,583
And various
expletives deleted.
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00:08:40,987 --> 00:08:42,682
If I thought my lawyer
had been bought off,
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I might pick up
a blunt instrument, too.
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00:08:49,262 --> 00:08:51,162
Can't you wait till
Kelly's here?
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I really feel sleazy
talking to you
behind her back.
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00:08:53,466 --> 00:08:56,060
Oh, think how
good you'll feel
doing your civic duty.
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00:08:56,536 --> 00:08:58,436
I vote. It doesn't make
me feel any better.
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00:08:58,504 --> 00:09:01,564
Look, we just need to know
if she was in the office
on Thursday afternoon.
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00:09:03,609 --> 00:09:05,133
If I lose my
job over this...
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00:09:05,211 --> 00:09:06,974
We'll give you
a good reference.
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00:09:10,650 --> 00:09:12,277
Thursday she
had an early lunch.
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00:09:12,351 --> 00:09:13,409
By herself?
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00:09:13,486 --> 00:09:16,319
I don't know. Then she
had a 3:00 at Bloomie's.
187
00:09:16,989 --> 00:09:18,616
No, wait, I remember.
She canceled that meeting.
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00:09:18,691 --> 00:09:19,817
Why is that?
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00:09:19,892 --> 00:09:21,860
Well, she came back
from lunch at around 2:30.
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00:09:21,928 --> 00:09:23,862
Then she went
into the bathroom
for 20 minutes,
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00:09:24,263 --> 00:09:26,527
and when she came out,
she told me to call
and reschedule the meeting.
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00:09:28,901 --> 00:09:30,994
You won't let her
answer one question?
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00:09:31,070 --> 00:09:33,095
You're an attorney.
Her rights are
being protected.
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00:09:33,172 --> 00:09:34,196
I'm a divorce attorney.
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00:09:34,273 --> 00:09:36,867
Until her criminal
attorney arrives,
she's not talking.
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00:09:37,276 --> 00:09:39,642
Even a divorce
attorney can see
it looks bad for her.
197
00:09:40,279 --> 00:09:43,077
Because my client
raised her voice
to Mr. Slattery? Come on.
198
00:09:43,482 --> 00:09:45,848
She accused Slattery
of being bought off.
199
00:09:46,385 --> 00:09:49,821
She didn't agree with
his recollection of what
was said 15 years ago.
200
00:09:49,889 --> 00:09:51,413
That's hardly
reason to kill him.
201
00:09:51,591 --> 00:09:54,287
His recollection was
going to cost her
1,500,000 bucks.
202
00:09:54,360 --> 00:09:55,486
Believe me,
that's a reason.
203
00:09:55,561 --> 00:09:57,586
It's just an old
man misspoke
at a deposition.
204
00:09:57,663 --> 00:09:59,358
It's not the end
of the world.
205
00:10:03,436 --> 00:10:04,869
There were traces
of Slattery's blood
206
00:10:04,937 --> 00:10:06,495
in the bathroom
of your showroom.
207
00:10:07,139 --> 00:10:08,902
Well, now it is the end
of the world, Mr. Shea.
208
00:10:10,076 --> 00:10:12,408
If Mr. Slattery survives,
a statement from your client
209
00:10:12,478 --> 00:10:14,776
could make the difference
between assault
and attempted murder.
210
00:10:16,849 --> 00:10:18,146
I wasn't trying
to kill him.
211
00:10:18,217 --> 00:10:19,445
Kelly, I think
you should wait.
212
00:10:19,518 --> 00:10:21,918
No, no. I want
to tell my side.
213
00:10:24,890 --> 00:10:27,825
I don't know how he
did it, but my ex-husband
bought Slattery off.
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00:10:28,160 --> 00:10:29,320
Ms. McFarland,
I'm not interested in...
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00:10:29,395 --> 00:10:31,454
We had a summer
house in Dutchess County.
216
00:10:32,264 --> 00:10:34,698
To keep it out of my
hands, he used an old
power of attorney
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00:10:34,767 --> 00:10:37,497
and he sold it to his
brother for a tenth
of what it was worth.
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00:10:38,270 --> 00:10:39,430
That's what
Jacob does.
219
00:10:39,572 --> 00:10:42,132
Right. Every
ex-husband's
the bad guy.
220
00:10:42,642 --> 00:10:45,008
I played the game, too.
I'm not saying I didn't.
221
00:10:45,077 --> 00:10:46,169
But Ken Slattery lied.
222
00:10:46,312 --> 00:10:48,644
He knew. I didn't
waive away my rights.
223
00:10:50,516 --> 00:10:51,710
I went to see him,
224
00:10:52,485 --> 00:10:56,478
to beg him to just
tell the truth,
and he refused.
225
00:10:59,659 --> 00:11:01,183
So you hit him?
226
00:11:01,827 --> 00:11:03,920
He tried to push
me out the door,
227
00:11:04,597 --> 00:11:08,124
and I was in such
a rage, I picked up
this mug and I...
228
00:11:09,168 --> 00:11:10,499
I swung it at him.
229
00:11:11,070 --> 00:11:13,868
It sounds like there's
a lot of mitigation here,
Ms. Carmichael.
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00:11:14,306 --> 00:11:15,967
$1,500,000's worth.
231
00:11:16,108 --> 00:11:19,441
No, no. I don't care
about the money.
It's Jacob.
232
00:11:20,346 --> 00:11:23,144
You don't understand
what it's like to fight
233
00:11:23,215 --> 00:11:25,206
somebody who always
gets his way.
234
00:11:25,851 --> 00:11:27,443
All right,
we'll look into it.
235
00:11:27,887 --> 00:11:29,752
I'll make arrangements
to have her statement taken.
236
00:11:33,125 --> 00:11:34,353
The hospital just called.
237
00:11:34,427 --> 00:11:38,124
Slattery's out of his coma,
but the doctors won't
let him talk to anyone.
238
00:11:38,497 --> 00:11:40,124
We booking her for
attempted murder?
239
00:11:40,700 --> 00:11:42,827
We can amend it once
all the facts are in.
240
00:11:42,935 --> 00:11:44,129
What facts?
241
00:11:44,203 --> 00:11:46,831
The lady's facing
12-and-a-half-to-25.
She'll say anything.
242
00:11:47,139 --> 00:11:48,970
I checked into that
summer home business.
243
00:11:49,041 --> 00:11:50,099
She was on the money.
244
00:11:50,176 --> 00:11:51,768
A court nullified
the sale.
245
00:11:51,844 --> 00:11:53,869
It's not the same
thing as paying
off a lawyer.
246
00:11:54,180 --> 00:11:56,910
If Weiss was playing
fast and dirty
15 years ago,
247
00:11:56,982 --> 00:11:58,882
he'd do it again
for 1,500,000 bucks.
248
00:11:59,852 --> 00:12:04,448
If Lennie is siding with
the ex-wife, there has
to be something to it.
249
00:12:04,557 --> 00:12:06,582
So, what? Now we're going
to investigate perjury?
250
00:12:07,259 --> 00:12:09,489
If Slattery lied on
Dr. Weiss's behalf,
251
00:12:09,562 --> 00:12:10,961
it could mitigate
the assault.
252
00:12:12,331 --> 00:12:13,821
You know where
to reach me.
253
00:12:15,801 --> 00:12:18,634
Since he retired,
I get a few calls
a week for Mr. Slattery.
254
00:12:18,871 --> 00:12:21,101
I take the numbers and
pass on the messages.
255
00:12:21,173 --> 00:12:22,663
Can I take a look
at your phone log?
256
00:12:25,478 --> 00:12:27,708
You get any calls
from Dr. Weiss?
Thanks.
257
00:12:27,847 --> 00:12:29,940
No, of course not.
Why would he call?
258
00:12:30,015 --> 00:12:31,573
Well, Ms. McFarland
thinks he might
259
00:12:31,650 --> 00:12:33,584
have talked to Slattery
about the deposition.
260
00:12:33,652 --> 00:12:34,744
What do you mean?
261
00:12:34,820 --> 00:12:36,481
Influenced what
Slattery said.
262
00:12:36,789 --> 00:12:38,484
Mr. Slattery wouldn't
lie under oath.
263
00:12:39,091 --> 00:12:41,582
Lennie,
what phone number
do we have for Weiss?
264
00:12:44,697 --> 00:12:47,564
Now, you took
a message three weeks
ago from Dr. Rudnick?
265
00:12:48,033 --> 00:12:49,694
Yes. He called
for Mr. Slattery.
266
00:12:49,969 --> 00:12:52,233
Well, the phone
number he left
is the same as Weiss's.
267
00:12:52,838 --> 00:12:54,829
So now Weiss
is using
a phony name?
268
00:12:55,107 --> 00:12:58,508
There's nothing phony
about Dr. Rudnick. He
happens to be the doctor
269
00:12:58,577 --> 00:13:02,240
who delivered
Mr. Slattery's grandson,
Alex, five years ago.
270
00:13:05,417 --> 00:13:08,215
Well, there were,
uh, complications
with the delivery.
271
00:13:08,621 --> 00:13:10,782
His, uh, his
daughter's diabetic,
272
00:13:10,956 --> 00:13:12,947
and his grandson
was a breech baby.
273
00:13:13,092 --> 00:13:14,753
We almost lost
both of them.
274
00:13:15,194 --> 00:13:16,593
So why'd you
call Slattery?
275
00:13:16,729 --> 00:13:19,425
You like the brand of
cigars he handed out?
276
00:13:20,032 --> 00:13:22,557
After I, uh,
delivered
his grandson,
277
00:13:22,635 --> 00:13:24,364
he was, uh,
very grateful.
278
00:13:25,171 --> 00:13:27,401
He gave me a free
pass for legal advice.
279
00:13:27,740 --> 00:13:28,764
That's why I called him.
280
00:13:28,841 --> 00:13:31,867
You sure it wasn't because
your partner, Dr. Weiss,
needed a favor?
281
00:13:32,611 --> 00:13:33,600
A favor?
282
00:13:33,712 --> 00:13:36,613
Yeah, a "Help me pull a fast
one on my ex-wife" favor.
283
00:13:36,682 --> 00:13:39,742
No, I told you why
I called Slattery I have
nothing else to add.
284
00:13:39,919 --> 00:13:40,908
Dr. Rudnick...
285
00:13:40,986 --> 00:13:43,511
Yeah, it was nice
talking with you.
I'll be in Room Six.
286
00:13:43,589 --> 00:13:44,578
Okay.
287
00:13:45,491 --> 00:13:49,018
I wouldn't put Rudnick
or Weiss above cooking
up a little perjury.
288
00:13:49,495 --> 00:13:50,985
I checked them out
with the Health Department.
289
00:13:51,063 --> 00:13:53,031
Rudnick's on
a three-year probation
290
00:13:53,098 --> 00:13:54,429
at St. Mark's Hospital.
291
00:13:54,567 --> 00:13:57,058
Weiss got his wrists
slapped for some billing
irregularities.
292
00:13:57,136 --> 00:13:59,070
And their third
partner, Dr. Michaels,
293
00:13:59,171 --> 00:14:02,607
has had his privileges
there suspended twice
in the last five years.
294
00:14:02,708 --> 00:14:04,642
This is some
medical practice.
295
00:14:04,710 --> 00:14:08,271
So, Weiss's bank
records don't show
any payouts to Slattery.
296
00:14:08,581 --> 00:14:10,981
But he's using
the money from
his pension plan
297
00:14:11,050 --> 00:14:13,314
as collateral for
a loan in Greenwich.
298
00:14:13,619 --> 00:14:14,813
A retirement home?
299
00:14:14,887 --> 00:14:17,287
No. He's buying into
another medical practice.
300
00:14:17,456 --> 00:14:18,684
He's going to be
the new star player
301
00:14:18,757 --> 00:14:20,054
at the Mendelson
Women's Clinic.
302
00:14:20,426 --> 00:14:21,757
So much for retirement.
303
00:14:21,827 --> 00:14:23,795
The only thing
I hate worse than
going to the doctor,
304
00:14:23,863 --> 00:14:25,558
is going to a doctor
who lies to me.
305
00:14:25,731 --> 00:14:28,256
So maybe Weiss
is running from trouble
with his practice here.
306
00:14:28,667 --> 00:14:30,999
Well, we need
to know what that
trouble could be.
307
00:14:31,270 --> 00:14:33,135
Start with the hospital.
308
00:14:36,342 --> 00:14:39,106
There was a misdiagnosis
of a tipped uterus.
309
00:14:39,712 --> 00:14:43,307
Failure to do some
standard tests on
pregnant women.
310
00:14:43,782 --> 00:14:45,215
That sort of thing.
311
00:14:45,718 --> 00:14:47,185
Doesn't sound so bad.
312
00:14:47,253 --> 00:14:49,483
Any problems they aren't
on probation for?
313
00:14:49,822 --> 00:14:53,349
No. They're very popular
with their patients. We've
had very few complaints.
314
00:14:53,826 --> 00:14:55,350
Well, what do
patients know, right?
315
00:14:55,728 --> 00:14:57,593
They do high-risk
deliveries?
316
00:14:57,730 --> 00:14:59,129
They've had
no problems there.
317
00:14:59,632 --> 00:15:02,328
And they perform surgery?
Female surgery?
318
00:15:04,203 --> 00:15:05,295
Yes.
319
00:15:06,372 --> 00:15:07,430
And?
320
00:15:10,109 --> 00:15:11,542
Dr. Rudnick and Dr. Michaels
321
00:15:11,610 --> 00:15:13,805
had a death in the O.R.
three months ago.
322
00:15:13,913 --> 00:15:15,813
The patient died
of cardiac arrest.
323
00:15:16,115 --> 00:15:18,948
Our preliminary report
exonerated them
of any wrongdoing.
324
00:15:19,418 --> 00:15:20,680
No kidding?
325
00:15:20,753 --> 00:15:22,345
What was the patient's name?
326
00:15:23,155 --> 00:15:24,679
Maureen Gerard.
327
00:15:25,491 --> 00:15:28,426
Cardiac arrest?
My wife was 35-years-old.
328
00:15:28,494 --> 00:15:29,984
She ran four miles a day.
329
00:15:30,062 --> 00:15:32,496
Why was she
being operated on?
Uterine bleeding.
330
00:15:33,098 --> 00:15:34,326
She had polyps.
331
00:15:34,566 --> 00:15:36,693
Rudnick told me it was
a routine procedure.
332
00:15:37,536 --> 00:15:39,299
Six hours later,
she was dead.
333
00:15:40,105 --> 00:15:42,437
Michaels could barely
look at me when
he told me.
334
00:15:43,008 --> 00:15:45,033
Rudnick, the great doctor,
couldn't even face me.
335
00:15:45,344 --> 00:15:48,040
Mr. Gerard, the hospital
says they didn't
do anything wrong.
336
00:15:48,180 --> 00:15:49,807
Then why won't
they give me
the records?
337
00:15:49,882 --> 00:15:51,713
No one's even
bothered to call me.
338
00:15:51,784 --> 00:15:53,684
I've hired a lawyer
and I've filed a lawsuit.
339
00:15:53,752 --> 00:15:55,014
When did you file?
340
00:15:55,421 --> 00:15:58,447
Two months ago. Those
bastards were served
on November 12th.
341
00:15:58,724 --> 00:16:00,885
Those bastards
include Dr. Weiss?
342
00:16:01,593 --> 00:16:04,562
My lawyer said
I had to sue all three
partners in the practice.
343
00:16:05,164 --> 00:16:06,495
I'm going to run
them out of business.
344
00:16:06,598 --> 00:16:07,792
Mr. Gerard.
345
00:16:09,568 --> 00:16:10,660
Excuse me a minute.
346
00:16:12,137 --> 00:16:14,196
He files suit
November 12th.
347
00:16:14,306 --> 00:16:17,104
A week later,
Weiss notifies his
pension plan trustee
348
00:16:17,176 --> 00:16:18,803
he's pulling his dough
out of the practice.
349
00:16:18,877 --> 00:16:19,866
What a coincidence.
350
00:16:19,945 --> 00:16:23,847
The guy panics over a lawsuit?
Isn't that what malpractice
insurance is for?
351
00:16:24,283 --> 00:16:25,978
Unless whatever
Rudnick and Michaels
352
00:16:26,051 --> 00:16:28,315
did to Mrs. Gerard
wasn't covered.
353
00:16:28,921 --> 00:16:30,115
Criminal act?
354
00:16:34,226 --> 00:16:37,024
That lawsuit has
nothing to do with
my decision to retire.
355
00:16:37,429 --> 00:16:41,763
Retire? You're taking
a 20%% pay cut to join
a clinic in Greenwich.
356
00:16:42,234 --> 00:16:44,361
You know Dr. Rudnick
screwed up in that
operating room.
357
00:16:44,436 --> 00:16:46,563
That's how you got
him to help you by
calling Mr. Slattery.
358
00:16:46,672 --> 00:16:48,867
I didn't ask
Bill Rudnick
for any favors.
359
00:16:49,341 --> 00:16:52,469
I can't believe you put
any stock in the rantings
of my ex-wife.
360
00:16:52,711 --> 00:16:56,738
Dr. Weiss, we're not
interested in prosecuting
a perjury charge.
361
00:16:57,516 --> 00:16:59,780
We're interested
in what happened
to Maureen Gerard.
362
00:16:59,852 --> 00:17:01,251
He wasn't in
the operating room.
363
00:17:01,320 --> 00:17:02,582
He doesn't know anything.
364
00:17:02,654 --> 00:17:05,714
Then why is he running
as fast as he can from
Rudnick and Michaels?
365
00:17:06,191 --> 00:17:07,818
I don't know what
she's talking about.
366
00:17:07,893 --> 00:17:10,657
Can we leave?
Mr. McCoy, Ms. Carmichael.
367
00:17:18,203 --> 00:17:21,400
Doctors. I can't
believe my mother
wanted me to marry one.
368
00:17:21,774 --> 00:17:25,232
I'm pleading Kelly McFarland
out on assault two,
one-to-two years.
369
00:17:25,544 --> 00:17:26,806
Have you talked
to Slattery?
370
00:17:26,879 --> 00:17:28,744
No. He refuses
to talk to us.
371
00:17:28,814 --> 00:17:32,306
I see a few wisps
of smoke here Abbie,
but where's the fire?
372
00:17:33,185 --> 00:17:35,278
You have
a high tolerance
for coincidences.
373
00:17:35,354 --> 00:17:38,687
Maybe they all thought
lying under oath was
the trendy thing to do.
374
00:17:39,591 --> 00:17:42,059
What's it got
to do with Maureen
Gerard's death?
375
00:17:43,228 --> 00:17:46,391
If the malpractice lawyer
digs up any malfeasance,
we'll revisit it.
376
00:17:46,999 --> 00:17:50,730
Oh, yeah, sure. Let's let
an ambulance chaser
prosecute a homicide for us.
377
00:17:52,671 --> 00:17:54,696
I'm going to subpoena
Mrs. Gerard's
hospital records.
378
00:17:58,177 --> 00:18:00,941
The records show
Maureen Gerard died
of a cardiac arrest
379
00:18:01,013 --> 00:18:02,674
brought on by
a fluid imbalance.
380
00:18:02,881 --> 00:18:03,973
What kind of fluid?
381
00:18:04,316 --> 00:18:05,874
Electrolyte solution.
382
00:18:06,452 --> 00:18:09,250
In a laparoscopic
myomectomy, the surgeons
fill the uterine cavity
383
00:18:09,321 --> 00:18:11,653
with the solution
to facilitate surgery.
384
00:18:12,558 --> 00:18:14,321
Then they remove
the polyps with a laser.
385
00:18:15,427 --> 00:18:17,452
It's a routine procedure.
Usually foolproof.
386
00:18:17,563 --> 00:18:18,723
Huh, usually.
387
00:18:19,031 --> 00:18:22,558
Well, apparently
the fluid wasn't draining
from Mrs. Gerard.
388
00:18:23,435 --> 00:18:24,868
She became bloated.
389
00:18:25,304 --> 00:18:27,431
Two hours later,
she had a cardiac arrest.
390
00:18:28,440 --> 00:18:29,907
Is that malpractice?
391
00:18:30,676 --> 00:18:32,303
I didn't find
any negligence.
392
00:18:32,678 --> 00:18:34,339
Well, how much fluid
did they pump into her?
393
00:18:34,880 --> 00:18:35,869
Hmm...
394
00:18:36,682 --> 00:18:40,482
Well, chart says
4,000 ccs of a 20%%
electrolytic solution.
395
00:18:41,220 --> 00:18:43,484
And the machine tells
them how much it's
pumping into the patient?
396
00:18:43,555 --> 00:18:45,750
Yeah. There's
a digital readout.
397
00:18:49,361 --> 00:18:52,057
There's a fiber optic camera
attached to the laser
398
00:18:52,131 --> 00:18:54,656
so that they can see
what's going on
on the monitor.
399
00:18:55,200 --> 00:18:56,963
The solution goes
in this tank
400
00:18:57,035 --> 00:18:58,627
and comes out this nozzle.
401
00:18:59,605 --> 00:19:01,436
And the pump would be
monitored by a nurse?
402
00:19:01,507 --> 00:19:03,441
At all times throughout
the surgery.
403
00:19:04,877 --> 00:19:07,505
Is it possible
it delivered more
fluid than it indicated?
404
00:19:07,746 --> 00:19:09,737
We check every
piece of equipment
before surgery.
405
00:19:10,782 --> 00:19:12,340
Can I see
the service record?
406
00:19:17,122 --> 00:19:19,113
Rudnick and Michaels do
a lot of surgery here?
407
00:19:19,358 --> 00:19:22,816
Myomectomies,
hysterectomies,
ligations.
408
00:19:22,961 --> 00:19:24,121
They're very busy.
409
00:19:24,296 --> 00:19:25,558
They bring in
a lot of business.
410
00:19:25,998 --> 00:19:28,865
They have a very
good reputation.
Here you go.
411
00:19:31,036 --> 00:19:32,264
It's a five-year-old machine.
412
00:19:32,404 --> 00:19:34,338
We have an X-ray
machine that's older
than you are.
413
00:19:34,740 --> 00:19:36,435
If it works,
it works.
414
00:19:37,809 --> 00:19:40,903
It says here it was signed
out for use in Operating
Room Three that day.
415
00:19:42,147 --> 00:19:43,842
Mrs. Gerard was in
Operating Room One.
416
00:19:48,387 --> 00:19:52,016
Oh, here. It was
used on Mrs. Gerard
at 7:00 a. m.
417
00:19:52,391 --> 00:19:55,155
Starting at 8:20
it was used
in O.R. Three.
418
00:19:56,328 --> 00:19:58,660
But Mrs. Gerard
was in surgery
until 9:15.
419
00:19:58,730 --> 00:20:00,755
Wouldn't they have
been using that
machine the whole time?
420
00:20:02,100 --> 00:20:05,536
My doctor ran into some
complications during the
removal of some ovarian cysts,
421
00:20:05,604 --> 00:20:07,902
so he decided to try
the laparoscopic
laser system.
422
00:20:08,407 --> 00:20:10,705
Which was in O.R. One
with Rudnick and Michaels.
423
00:20:10,809 --> 00:20:12,470
I went in there
to see if they
were done with it.
424
00:20:12,578 --> 00:20:14,512
I saw it sitting
in the corner,
so I just rolled it out.
425
00:20:14,980 --> 00:20:16,675
Were they still
operating on Mrs. Gerard?
426
00:20:16,848 --> 00:20:19,180
Yes. They had
another laparoscopic
system in there.
427
00:20:20,552 --> 00:20:22,179
I was told the hospital
only had the one.
428
00:20:24,456 --> 00:20:26,481
Who was working
the electrolytic
fluid pump?
429
00:20:27,192 --> 00:20:28,716
A nurse I'd
never seen before.
430
00:20:29,194 --> 00:20:32,561
She wore glasses,
and Dr. Michaels
called her Glynnis.
431
00:20:33,632 --> 00:20:37,124
I don't know any
nurse by that name.
Ms. Tashe made a mistake.
432
00:20:37,769 --> 00:20:40,499
So, she just imagined
seeing a second
laparoscopic laser?
433
00:20:40,706 --> 00:20:42,298
Yes. There
was only one.
434
00:20:42,808 --> 00:20:45,572
And after Ms. Tashe
took it, what did you
use on Mrs. Gerard?
435
00:20:45,844 --> 00:20:48,005
Nothing.
Laparoscopy was over.
436
00:20:48,914 --> 00:20:52,315
But the record shows
Ms. Tashe took the machine
almost an hour...
437
00:20:52,384 --> 00:20:54,352
So she got
the time wrong.
438
00:20:54,953 --> 00:21:00,220
Ms. Carmichael, actual doctors
reviewed our work and found we
did everything by the book.
439
00:21:01,393 --> 00:21:03,953
I am very sorry
about Mrs. Gerard,
440
00:21:04,329 --> 00:21:05,990
but we did
everything we could.
441
00:21:06,265 --> 00:21:07,357
Now, please.
442
00:21:07,833 --> 00:21:09,198
One more question,
Dr. Michaels.
443
00:21:09,268 --> 00:21:10,530
Who administered the fluid?
444
00:21:11,336 --> 00:21:13,736
A supervising nurse.
Claudia Panati.
445
00:21:15,374 --> 00:21:21,108
You know, lawyers are why
doctors are getting out of
obstetrics and gynecology.
446
00:21:21,613 --> 00:21:23,080
It's just not
worth it anymore.
447
00:21:28,787 --> 00:21:31,278
Dr. Rudnick and Dr. Michaels
have hired lawyers
448
00:21:31,356 --> 00:21:33,881
because of the lawsuit.
We're not supposed
to talk to anybody.
449
00:21:34,359 --> 00:21:35,519
Is this your handwriting?
450
00:21:36,161 --> 00:21:39,392
4,000 ccs of 20%%
electrolytic solution?
451
00:21:39,798 --> 00:21:40,856
Yes.
452
00:21:41,400 --> 00:21:43,800
Do you remember
a nurse by the name
of Valerie Tashe?
453
00:21:43,869 --> 00:21:47,270
I told you, I can't
talk about it without
the lawyers. I'm sorry.
454
00:21:48,407 --> 00:21:51,535
Dr. Michaels is a good,
dedicated doctor.
455
00:21:51,843 --> 00:21:53,242
Dr. Rudnick, too.
456
00:21:54,046 --> 00:21:56,378
They did everything they
could to save that woman.
457
00:21:57,049 --> 00:21:58,448
It was a terrible thing.
458
00:22:02,621 --> 00:22:04,714
I checked St. Mark's
employment records.
459
00:22:04,923 --> 00:22:08,586
The only person named
Glynnis is a 60-year-old
food service employee.
460
00:22:09,394 --> 00:22:11,862
Your nurse, Miss Tashe,
ought to get her
ears examined.
461
00:22:12,698 --> 00:22:14,996
Along with her eyes
and her watch?
462
00:22:15,200 --> 00:22:16,690
She couldn't have
gotten it all wrong.
463
00:22:17,502 --> 00:22:19,026
There had to have
been a second machine.
464
00:22:19,137 --> 00:22:20,434
A defective machine?
465
00:22:21,139 --> 00:22:23,073
That pumped too much
fluid into Mrs. Gerard.
466
00:22:23,141 --> 00:22:27,510
Yeah, a missing
defective machine operated
by a missing nurse.
467
00:22:27,646 --> 00:22:29,170
I know what
it sounds like.
468
00:22:29,247 --> 00:22:33,115
Have you considered
getting a search warrant
for this gizmo?
469
00:22:33,819 --> 00:22:35,184
It's a big hospital.
470
00:22:35,420 --> 00:22:37,820
The mayor's wife sits
on the steering committee.
471
00:22:38,290 --> 00:22:41,418
Where's Jack McCoy?
Out on a date with
that history professor?
472
00:22:41,860 --> 00:22:44,351
He's in his office.
He didn't think
there was a case here.
473
00:22:44,463 --> 00:22:45,555
Might be right.
474
00:22:47,499 --> 00:22:51,458
Get your warrant,
and I'll deal with
the mayor's better half.
475
00:22:57,576 --> 00:22:59,874
I went over the purchase
orders for the last 10 years.
476
00:22:59,945 --> 00:23:03,745
If St. Mark's had another
electrolyte pump they must've
built it from scratch.
477
00:23:03,815 --> 00:23:05,783
Yeah, it didn't turn up
in the search either.
478
00:23:05,884 --> 00:23:10,014
I did a little
exploratory surgery on
our original suspect here.
479
00:23:10,088 --> 00:23:11,988
No trace of recent
repair work.
480
00:23:12,391 --> 00:23:14,586
You have the charts
from the O.R.?
Mmm-hmm.
481
00:23:19,197 --> 00:23:23,827
Hmm. 4,000 ccs of 20%%
electrolytic solution.
482
00:23:24,035 --> 00:23:27,402
That can't be right.
This pump can only
handle a 10%% solution.
483
00:23:28,206 --> 00:23:29,195
Is it a typo?
484
00:23:29,775 --> 00:23:32,608
Well, B and C
Medtech came out with
a new laser system
485
00:23:32,677 --> 00:23:35,737
eight months ago.
It's faster,
more accurate,
486
00:23:35,814 --> 00:23:40,342
and it works on a 20%%
electrolytic solution.
487
00:23:41,553 --> 00:23:44,044
We did a demonstration
for St. Mark's last year.
488
00:23:44,222 --> 00:23:46,247
But they had a problem
with the nozzle flange.
489
00:23:46,525 --> 00:23:49,790
There was a gasket issue.
Minor bugs we've corrected.
490
00:23:50,462 --> 00:23:51,952
Have you approached
the hospital again?
491
00:23:52,030 --> 00:23:53,964
Yes, but they haven't given
it their approval yet.
492
00:23:54,733 --> 00:23:56,997
How does your sales
pitch work? Do you
bring the doctors here?
493
00:23:57,068 --> 00:23:58,330
We go where
the money is.
494
00:23:58,470 --> 00:24:00,563
Our sales rep
brings the machine
to the hospital,
495
00:24:00,772 --> 00:24:02,330
we show the doctors
a videotape,
496
00:24:02,741 --> 00:24:04,038
then some committee
takes over.
497
00:24:04,242 --> 00:24:08,008
Has your sales rep
talked to Dr. Bill Rudnick
or Peter Michaels?
498
00:24:08,447 --> 00:24:09,641
Let me find out.
499
00:24:11,550 --> 00:24:13,415
It's Dorsey. Is Glynnis
in this afternoon?
500
00:24:13,785 --> 00:24:14,774
Glynnis?
501
00:24:14,986 --> 00:24:17,352
Glynnis Ward. St. Mark's
is in her territory.
502
00:24:18,190 --> 00:24:20,886
I've made presentations
to a lot of doctors
at St. Mark's.
503
00:24:20,959 --> 00:24:22,187
Probably a dozen.
504
00:24:22,360 --> 00:24:24,089
Including Rudnick
and Michaels?
505
00:24:24,162 --> 00:24:26,995
Yes. Dr. Rudnick is on
the purchasing committee
at the hospital.
506
00:24:27,332 --> 00:24:29,732
Is there a problem
I should know about?
507
00:24:30,535 --> 00:24:33,003
Have you ever been in
the operating room with
them during surgery?
508
00:24:33,171 --> 00:24:35,401
Just to observe,
That's pretty common.
509
00:24:36,475 --> 00:24:39,376
Were you ever in there
operating the Medtech
electrolyte pump?
510
00:24:39,611 --> 00:24:40,600
No, of course not.
511
00:24:40,679 --> 00:24:41,907
Ms. Carmichael,
what's going on here?
512
00:24:42,714 --> 00:24:45,945
How about last November,
during surgery
on Maureen Gerard?
513
00:24:47,219 --> 00:24:49,016
Why are you asking
these questions?
514
00:24:49,855 --> 00:24:54,087
Your sales rep was seen using
your machine, administering
fluid to Mrs. Gerard.
515
00:24:54,292 --> 00:24:56,123
Mrs. Gerard died
as a result.
516
00:24:56,261 --> 00:24:57,785
That's not true.
Glynnis, wait.
517
00:24:58,263 --> 00:24:59,525
Are we going
to need a lawyer here?
518
00:25:01,299 --> 00:25:03,494
Ms. Ward, do you have
a license to practice
medicine?
519
00:25:06,037 --> 00:25:07,026
No.
520
00:25:07,506 --> 00:25:10,600
You better get that lawyer,
Mr. Dorsey. I'm charging
her with homicide.
521
00:25:12,511 --> 00:25:15,378
Pack up your
speculum, Doc.
You're going to jail.
522
00:25:15,447 --> 00:25:18,416
What?
You're under arrest for
the murder of Maureen Gerard.
523
00:25:18,483 --> 00:25:20,474
You have the right
to remain silent.
Anything you do, say,
524
00:25:20,552 --> 00:25:21,576
can and will be used
against you...
525
00:25:21,653 --> 00:25:23,712
...an attorney, one will
be appointed to you.
526
00:25:23,788 --> 00:25:25,756
Lisa, call the lawyer.
527
00:25:25,924 --> 00:25:27,448
Call my wife.
528
00:25:32,597 --> 00:25:34,792
Depraved
indifference murder two?
529
00:25:35,166 --> 00:25:37,999
They must have stacked
the grand jury with
malpractice lawyers.
530
00:25:38,770 --> 00:25:40,704
Even looking at
the facts in the light
most favorable to
531
00:25:40,772 --> 00:25:44,037
the People, they
don't rise to a charge
of murder two.
532
00:25:45,610 --> 00:25:48,044
Ms. Brolin is free
to argue that
point to a jury.
533
00:25:48,313 --> 00:25:50,178
But nothing our
clients allegedly did
534
00:25:50,248 --> 00:25:52,842
shows a depraved
indifference to human life.
535
00:25:53,051 --> 00:25:55,212
These doctors allowed
a sales representative,
536
00:25:55,320 --> 00:25:57,584
with no medical training
to use an unsanctioned
537
00:25:57,656 --> 00:26:00,625
and potentially lethal
surgical instrument
on a patient.
538
00:26:00,859 --> 00:26:03,623
Even if our clients
did what Ms. Carmichael says
539
00:26:04,296 --> 00:26:06,321
at worst, they'd be
guilty of bad judgment.
540
00:26:07,198 --> 00:26:08,825
Depraved indifference
requires them to be
541
00:26:08,900 --> 00:26:10,925
aware of and to consciously
542
00:26:11,169 --> 00:26:14,400
disregard a substantial
risk of death to Mrs. Gerard.
543
00:26:14,472 --> 00:26:16,702
The jury could
certainly infer
that's what they did.
544
00:26:16,841 --> 00:26:18,741
They could infer
I'm the King of Siam.
545
00:26:19,477 --> 00:26:21,308
I don't see,
as a matter of law
546
00:26:21,379 --> 00:26:23,813
how letting a salesperson
operate this machine
547
00:26:24,382 --> 00:26:25,610
creates a substantial risk.
548
00:26:25,784 --> 00:26:29,049
Well, it must have,
Your Honor, since Mrs. Gerard
is dead as a result.
549
00:26:29,354 --> 00:26:33,120
Assuming there was
a risk, why would
the doctors ignore it?
550
00:26:33,191 --> 00:26:35,216
Weren't they there
to help Mrs. Gerard?
551
00:26:36,061 --> 00:26:38,086
Now, I'm dismissing
the murder two charge.
552
00:26:39,230 --> 00:26:42,461
Your Honor, Ms. Brolin
conceded their clients
exhibited bad judgment.
553
00:26:42,534 --> 00:26:43,899
I didn't concede anything.
554
00:26:43,969 --> 00:26:46,199
That's the definition of
criminally negligent homicide.
555
00:26:46,638 --> 00:26:48,128
She misquoted me,
Your Honor.
556
00:26:49,207 --> 00:26:50,504
She paraphrased you.
557
00:26:51,943 --> 00:26:54,241
I'm giving the People
leave to amend the indictment
558
00:26:54,746 --> 00:26:57,909
to include a top
count of criminally
negligent homicide.
559
00:27:00,986 --> 00:27:02,886
Criminally negligent homicide.
560
00:27:03,488 --> 00:27:05,718
I feel like I'm
going to the prom
with the stamp club geek.
561
00:27:06,157 --> 00:27:08,125
Two-to-four in
maximum security.
562
00:27:08,693 --> 00:27:11,253
No picnic for a couple
of Park Avenue doctors.
563
00:27:11,563 --> 00:27:13,554
If we make it stick.
Problem?
564
00:27:14,733 --> 00:27:17,463
The nurse who saw the sales
rep in the operating room
565
00:27:17,535 --> 00:27:19,196
couldn't pick her out
of the photo array.
566
00:27:19,404 --> 00:27:22,601
It may be time for us
to make the best deal we
can with all of them.
567
00:27:23,041 --> 00:27:26,568
Two years probation, a fine.
Oh, a fine. Ouch.
568
00:27:27,445 --> 00:27:29,640
Those poor doctors
might have to hock
one of their Porsches.
569
00:27:29,781 --> 00:27:31,681
Abbie, there isn't
much of a case left.
570
00:27:32,117 --> 00:27:33,414
But there's still a victim.
571
00:27:33,718 --> 00:27:35,185
Jack, she went
in a healthy woman.
572
00:27:35,253 --> 00:27:36,720
She came out a corpse.
573
00:27:36,888 --> 00:27:39,288
Between us, depraved
indifference was a reach.
574
00:27:39,457 --> 00:27:41,448
Criminally negligent
homicide is a gift.
575
00:27:41,526 --> 00:27:42,686
I wouldn't squander it.
576
00:27:43,695 --> 00:27:45,390
You make excuses.
I'll make the case.
577
00:27:47,599 --> 00:27:50,932
Death by a salesman.
Just put it in
the "Win" column.
578
00:27:52,337 --> 00:27:56,774
How can Valerie Tashe say she
saw anything? The lights were
dimmed for the video monitor.
579
00:27:57,509 --> 00:28:00,239
She heard Dr. Michaels
call Ms. Ward by
her first name.
580
00:28:02,047 --> 00:28:05,744
Ms. Panati, I brought
some photographs
for you to look at.
581
00:28:07,118 --> 00:28:09,177
They're of Mrs. Gerard
before her surgery.
582
00:28:10,855 --> 00:28:11,879
This is with her husband.
583
00:28:14,693 --> 00:28:17,218
With her two nieces
last Fourth of July.
584
00:28:18,763 --> 00:28:20,162
With her parents
at her wedding.
585
00:28:24,335 --> 00:28:25,700
I don't get it, Ms. Panati.
586
00:28:25,770 --> 00:28:27,067
You don't care about yourself.
587
00:28:27,138 --> 00:28:28,662
You don't care
about your patients.
588
00:28:32,444 --> 00:28:34,105
You've been with Dr. Michaels,
589
00:28:34,479 --> 00:28:37,676
since before he joined
Rudnick and Weiss
six years ago.
590
00:28:38,016 --> 00:28:39,074
Isn't that right?
591
00:28:40,018 --> 00:28:42,248
You first worked
with him at a free
clinic in Harlem.
592
00:28:42,921 --> 00:28:44,718
After that, he had
a clinic in the Bronx.
593
00:28:45,523 --> 00:28:46,785
There's not much
money in that.
594
00:28:46,858 --> 00:28:48,485
It was good work.
595
00:28:50,929 --> 00:28:52,590
Then he joined
Rudnick's operation.
596
00:28:54,032 --> 00:28:55,761
Guess he decided
to bank some money.
597
00:28:56,901 --> 00:28:58,926
He is still
a good doctor.
598
00:29:01,973 --> 00:29:05,773
How good can he be
seeing 70 patients a day
599
00:29:06,311 --> 00:29:08,939
and delivering 16
babies a week?
600
00:29:09,013 --> 00:29:10,412
That was Dr. Rudnick's idea.
601
00:29:10,482 --> 00:29:13,610
He always talked
about maximizing
the practice.
602
00:29:15,153 --> 00:29:17,053
And lying about
Mrs. Gerard's surgery?
603
00:29:18,156 --> 00:29:20,056
Was that also
Dr. Rudnick's idea?
604
00:29:31,603 --> 00:29:33,400
Nurse Panati just
gave her statement.
605
00:29:33,471 --> 00:29:34,665
And?
606
00:29:34,939 --> 00:29:36,304
Can you read
my shorthand?
607
00:29:39,177 --> 00:29:40,769
Hair-raising stuff.
608
00:29:41,279 --> 00:29:42,746
Might force a plea bargain.
609
00:29:43,548 --> 00:29:44,981
Only if they take
the maximum.
610
00:29:45,950 --> 00:29:47,542
You've got your heart
set on a trial?
611
00:29:48,286 --> 00:29:50,914
I can count on
the fingers of one
hand the number of
612
00:29:50,989 --> 00:29:54,356
doctors who have ever
been convicted of criminally
negligent homicide.
613
00:29:55,560 --> 00:29:58,620
Absent the doctor being drunk
or stoned, it's practically
impossible to prove.
614
00:29:59,931 --> 00:30:01,523
Well, I'll let you
know how it turns out.
615
00:30:06,538 --> 00:30:08,733
I was in a meeting when
I got a call from Maureen.
616
00:30:09,974 --> 00:30:12,408
Dr. Rudnick had found
polyps in her uterus.
617
00:30:13,244 --> 00:30:15,144
She was so scared
they might be cancerous.
618
00:30:17,315 --> 00:30:19,146
She was worried
about having children.
619
00:30:20,251 --> 00:30:21,718
I was worried
about losing her.
620
00:30:24,222 --> 00:30:25,849
Then we found out
it wasn't cancer.
621
00:30:26,491 --> 00:30:27,480
We were so relieved.
622
00:30:28,827 --> 00:30:31,421
Did you discuss surgical
options with Dr. Rudnick?
623
00:30:32,664 --> 00:30:35,963
Yes. The laparoscopy
was the least drastic.
624
00:30:36,501 --> 00:30:38,594
But Dr. Rudnick said
the polyps could recur.
625
00:30:39,704 --> 00:30:41,763
He suggested a partial
hysterectomy.
626
00:30:41,973 --> 00:30:43,201
Removing the uterus.
627
00:30:44,609 --> 00:30:47,169
He pushed that
option pretty hard.
628
00:30:48,246 --> 00:30:49,543
Did he
mention costs?
629
00:30:50,548 --> 00:30:53,176
We asked him.
The hysterectomy
was more expensive.
630
00:30:54,219 --> 00:30:57,154
Dr. Rudnick said he'd
throw in a tummy tuck.
631
00:30:59,190 --> 00:31:00,657
But we still wanted
to have children,
632
00:31:01,059 --> 00:31:03,357
so we opted for just
the laparoscopy.
633
00:31:03,928 --> 00:31:05,361
And how did
Dr. Rudnick react?
634
00:31:07,866 --> 00:31:09,231
He seemed to lose interest.
635
00:31:10,001 --> 00:31:11,332
It was harder to get
him on the phone.
636
00:31:11,603 --> 00:31:15,095
The morning of the operation,
he barely spent five
minutes talking to Maureen.
637
00:31:15,907 --> 00:31:19,138
Did he tell you he was
going to be using a
new piece of equipment?
638
00:31:19,911 --> 00:31:20,900
No.
639
00:31:21,379 --> 00:31:24,473
Did he tell you a sales
representative would be
in the operating room?
640
00:31:24,682 --> 00:31:25,671
No.
641
00:31:26,150 --> 00:31:27,515
He just told us not to worry.
642
00:31:28,620 --> 00:31:30,520
He'd done this
procedure 100 times.
643
00:31:32,156 --> 00:31:34,147
Then they took
Maureen away.
644
00:31:36,861 --> 00:31:38,328
That's the last time
I saw her alive.
645
00:31:39,964 --> 00:31:40,953
Thank you.
646
00:31:44,836 --> 00:31:47,168
Mr. Gerard,
647
00:31:47,705 --> 00:31:49,468
if you and your
wife were concerned,
648
00:31:50,341 --> 00:31:52,206
why did you go through
with the surgery?
649
00:31:52,644 --> 00:31:54,669
Maureen trusted
Dr. Rudnick.
650
00:31:56,547 --> 00:31:57,878
He'd been highly
recommended.
651
00:31:58,249 --> 00:31:59,341
By other doctors?
652
00:31:59,751 --> 00:32:01,946
Yes. And by her friends.
653
00:32:02,587 --> 00:32:05,021
She had another gynecologist
before Dr. Rudnick.
654
00:32:05,690 --> 00:32:06,987
Isn't that right?
655
00:32:07,492 --> 00:32:08,481
Yes.
656
00:32:08,559 --> 00:32:09,753
What happened to him?
657
00:32:09,928 --> 00:32:13,625
Maureen had some bleeding
and some cramps.
658
00:32:14,098 --> 00:32:17,556
Her other doctor
examined her and told her
it was just menstrual.
659
00:32:18,202 --> 00:32:19,897
She decided to get
another opinion.
660
00:32:20,104 --> 00:32:23,369
And Dr. Rudnick
found the polyps
the other doctor missed?
661
00:32:26,077 --> 00:32:27,135
Yes.
662
00:32:29,480 --> 00:32:30,469
Thank you.
663
00:32:33,851 --> 00:32:36,217
The practice kept
taking on more
and more patients.
664
00:32:36,587 --> 00:32:39,681
Sometimes Dr. Michaels
and I would be in the office
until 9:00 or 10:00.
665
00:32:40,325 --> 00:32:44,284
He joked that it was like
doing his residency again,
never getting enough sleep.
666
00:32:46,230 --> 00:32:48,664
Did you ever see Glynnis
Ward at the medical offices?
667
00:32:49,200 --> 00:32:51,031
A few times.
It wasn't unusual.
668
00:32:51,102 --> 00:32:55,505
There was always a sales rep
from an equipment supplier
or a drug company stopping by.
669
00:32:55,840 --> 00:32:58,434
As far as you know,
what was the purpose
of Ms. Ward's visits?
670
00:32:59,010 --> 00:33:02,878
To sell. She gave
presentations to the
doctors and the staff.
671
00:33:03,514 --> 00:33:05,209
She even took me
out to lunch once.
672
00:33:05,516 --> 00:33:07,143
Was that unusual?
No.
673
00:33:07,285 --> 00:33:10,721
I could probably eat out
every day of the week just
on the drug companies.
674
00:33:11,055 --> 00:33:13,387
They'd pitch you
their product over
soup and salad.
675
00:33:14,959 --> 00:33:17,655
Ms. Panati, tell us what
happened that morning
in the operating room.
676
00:33:18,763 --> 00:33:21,095
Another nurse
and I wheeled
in Mrs. Gerard.
677
00:33:21,866 --> 00:33:23,993
Ms. Ward was already
there wearing scrubs.
678
00:33:25,069 --> 00:33:28,698
Dr. Michaels told me
we'd be using the Medtech
laparoscopic laser.
679
00:33:29,474 --> 00:33:32,910
I told Dr. Michaels
I wasn't checked out
on that equipment.
680
00:33:33,177 --> 00:33:34,201
He told me
681
00:33:34,278 --> 00:33:37,372
Ms. ward would operate and
monitor the electrolyte pump.
682
00:33:38,182 --> 00:33:40,980
To your knowledge, had
Dr. Rudnick or Dr. Michaels
683
00:33:41,085 --> 00:33:44,179
ever used the Medtech
laser system before
on a patient?
684
00:33:44,922 --> 00:33:45,911
No.
685
00:33:46,257 --> 00:33:47,281
What happened next?
686
00:33:48,092 --> 00:33:52,119
Dr. Rudnick came in.
He had another surgery
scheduled for 9:00,
687
00:33:52,230 --> 00:33:53,993
and he had
a patient in labor.
688
00:33:54,132 --> 00:33:57,363
He told us we'd have
to be finished with
Mrs. Gerard by 8:45.
689
00:33:57,869 --> 00:33:59,200
And what happened
during the surgery?
690
00:33:59,804 --> 00:34:01,203
We were going at
a pretty good clip.
691
00:34:01,672 --> 00:34:04,641
Ms. Ward was administering
the electrolytic fluid.
692
00:34:05,910 --> 00:34:07,775
Then halfway through,
I noticed that the fluid
693
00:34:07,845 --> 00:34:09,813
wasn't draining
out of Mrs. Gerard.
694
00:34:10,515 --> 00:34:11,709
I told the doctors.
695
00:34:12,150 --> 00:34:16,780
Dr. Rudnick said he didn't see
a problem and he didn't want
to stop the surgery.
696
00:34:17,588 --> 00:34:18,987
And what did Dr. Michaels say?
697
00:34:21,025 --> 00:34:22,993
Nothing.
He just ignored me.
698
00:34:23,461 --> 00:34:24,985
What happened when
the surgery was over?
699
00:34:25,463 --> 00:34:27,124
The lights had been dimmed
for the video monitor,
700
00:34:27,198 --> 00:34:29,962
and when they came
back on, we all saw that
701
00:34:30,535 --> 00:34:33,095
Mrs. Gerard was bloated
and in a lot of distress.
702
00:34:33,471 --> 00:34:36,031
How exactly did she look?
703
00:34:36,641 --> 00:34:39,872
Her abdomen was
severely distended.
704
00:34:40,511 --> 00:34:43,002
Her arms and legs
were puffy.
705
00:34:43,614 --> 00:34:45,309
Her face was swollen.
706
00:34:45,383 --> 00:34:47,977
She was hardly recognizable.
707
00:34:48,753 --> 00:34:50,414
The doctors rushed
her to the E.R.
708
00:34:50,788 --> 00:34:53,018
Were you later able to
determine how much fluid
709
00:34:53,091 --> 00:34:54,752
had been pumped
into Mrs. Gerard?
710
00:34:57,228 --> 00:34:59,696
Yes. Just under 10 liters.
711
00:35:00,231 --> 00:35:03,257
And how much is
considered safe?
Three-to-four liters.
712
00:35:04,402 --> 00:35:05,733
Thank you.
713
00:35:10,808 --> 00:35:14,938
Nurse Panati, if you were
convinced Mrs. Gerard
was in danger,
714
00:35:15,012 --> 00:35:17,640
wasn't it your duty
to warn the doctors again?
715
00:35:17,982 --> 00:35:19,176
Even to stop
the surgery?
716
00:35:19,383 --> 00:35:22,511
If I had tried to do
that, Dr. Rudnick
would have fired me.
717
00:35:22,753 --> 00:35:24,983
Move to strike.
Denied.
718
00:35:26,257 --> 00:35:28,452
Nurse Panati,
you testified that
719
00:35:28,860 --> 00:35:32,819
10 liters of fluid were
pumped into Mrs. Gerard,
yet the charts
720
00:35:33,064 --> 00:35:34,463
only indicate four liters.
721
00:35:37,235 --> 00:35:38,224
I wrote that.
722
00:35:38,569 --> 00:35:39,968
You falsified these documents?
723
00:35:41,139 --> 00:35:42,128
Yes.
724
00:35:42,607 --> 00:35:45,235
Why? To cover up your
own failure to act?
725
00:35:45,710 --> 00:35:47,007
Your own negligence?
726
00:35:48,513 --> 00:35:49,537
No.
727
00:35:51,449 --> 00:35:53,417
I did it to protect
Dr. Michaels.
728
00:35:57,655 --> 00:35:58,713
No more questions.
729
00:36:04,428 --> 00:36:07,625
Ms. Carmichael, we'd
like to discuss a deal.
730
00:36:08,599 --> 00:36:10,123
Why should I cut
your client a break?
731
00:36:10,601 --> 00:36:12,592
Well, you haven't
proven negligence yet.
732
00:36:13,137 --> 00:36:14,764
But here you are.
733
00:36:16,140 --> 00:36:18,472
Dr. Michaels has evidence,
very damaging evidence,
734
00:36:18,543 --> 00:36:19,635
about Dr. Rudnick.
735
00:36:19,710 --> 00:36:20,904
About their practice.
736
00:36:21,846 --> 00:36:23,313
Okay, you've
got my attention.
737
00:36:23,447 --> 00:36:25,915
Plead to misdemeanor
assault. Pay a fine,
take probation.
738
00:36:26,250 --> 00:36:28,218
I don't think so.
I can't go to prison.
739
00:36:28,286 --> 00:36:29,583
I can't lose my license.
740
00:36:29,654 --> 00:36:30,712
Dr. Michaels...
741
00:36:30,788 --> 00:36:32,221
Please, please.
I have a family.
742
00:36:32,290 --> 00:36:34,087
I need my livelihood.
743
00:36:34,458 --> 00:36:37,222
Why? So you can
start up another
gyno factory?
744
00:36:37,528 --> 00:36:41,464
Any plea is going
to include prison time
and the loss of your license.
745
00:36:42,600 --> 00:36:44,727
You can talk it over
with your client
and get back to me.
746
00:36:44,869 --> 00:36:45,858
Ms. Carmichael,
747
00:36:48,606 --> 00:36:52,372
this wasn't the kind
of medicine I wanted
to practice.
748
00:37:02,086 --> 00:37:04,520
I spoke to his wife.
Dr. Michaels told her
last night that he
749
00:37:04,589 --> 00:37:06,079
was going to drive
to the grocery store
750
00:37:06,157 --> 00:37:07,283
and she hasn't
seen him since.
751
00:37:07,592 --> 00:37:09,389
Your Honor,
it's already 10:30.
752
00:37:09,727 --> 00:37:11,661
The police have
made every effort
to find Dr. Michaels.
753
00:37:11,729 --> 00:37:13,424
It's clear he's fled
the jurisdiction.
754
00:37:13,497 --> 00:37:14,964
I have his passport,
Your Honor.
755
00:37:15,032 --> 00:37:17,193
Bench warrant is issued,
Mr. Delaney.
756
00:37:17,268 --> 00:37:19,702
Your Honor, we can't possibly
proceed without Dr. Michaels.
757
00:37:19,770 --> 00:37:21,465
My client will be
unduly prejudiced.
758
00:37:21,539 --> 00:37:23,029
We ask for a continuance.
759
00:37:23,274 --> 00:37:26,209
Ms. Brolin, motion for
a continuance is denied.
760
00:37:26,677 --> 00:37:28,872
You have half an hour to get
your first witness ready.
761
00:37:31,249 --> 00:37:35,652
The, uh, Medtech is the most
accurate laparoscopic laser
system on the market.
762
00:37:36,254 --> 00:37:37,278
That's why
I used it.
763
00:37:38,289 --> 00:37:41,224
Even though it hadn't been
approved by St. Mark's.
764
00:37:41,559 --> 00:37:44,687
St. Mark's is notoriously slow
to approve new technology.
765
00:37:45,263 --> 00:37:48,755
The Medtech is used in
half-a-dozen hospitals
on the East Coast,
766
00:37:48,833 --> 00:37:50,198
with excellent results.
767
00:37:50,635 --> 00:37:54,901
Doctor, didn't using
the Medtech expose
you to sanctions?
768
00:37:55,139 --> 00:37:58,905
The more accurate the laser
the less risk of damaging
the uterine wall.
769
00:38:00,111 --> 00:38:02,841
I couldn't let
a bureaucratic
snafu keep me
770
00:38:02,913 --> 00:38:04,778
from giving my patient
the best care possible.
771
00:38:06,317 --> 00:38:10,185
And your decision to allow
Ms. Ward to operate
the Medtech pump?
772
00:38:10,288 --> 00:38:13,746
Well, again, see,
no one on my staff
was trained in its use.
773
00:38:14,325 --> 00:38:17,192
Now, Ms. Ward had received
hundreds of hours of training.
774
00:38:17,728 --> 00:38:21,061
She was, uh, intimately
familiar with its mechanics.
775
00:38:21,532 --> 00:38:24,433
She had, uh,
seen it used in
numerous surgeries.
776
00:38:24,935 --> 00:38:27,802
She was the, uh,
best qualified
person to operate it.
777
00:38:28,239 --> 00:38:30,867
Isn't that another violation
of hospital policy?
778
00:38:31,175 --> 00:38:32,233
Hospital policy,
779
00:38:32,610 --> 00:38:34,578
is not meant
to protect
the patient,
780
00:38:34,912 --> 00:38:37,608
it's meant to protect
the hospital from litigation.
781
00:38:38,482 --> 00:38:41,280
No, I used the best technology
782
00:38:41,352 --> 00:38:44,947
available and the best
trained personnel, all in
the interest of my patient.
783
00:38:45,289 --> 00:38:47,120
Nothing else.
Thank you, Doctor.
784
00:38:52,930 --> 00:38:56,195
It's too bad Mrs. Gerard
isn't here to thank you
for your dedication.
785
00:38:56,834 --> 00:38:58,825
I don't make light of her
death, Ms. Carmichael.
786
00:38:59,904 --> 00:39:01,496
I am very sorry
it happened.
787
00:39:03,174 --> 00:39:04,971
Why do you think
it did happen, Doctor?
788
00:39:05,309 --> 00:39:08,437
I don't know the technical
explanation. The Medtech
789
00:39:08,512 --> 00:39:10,275
delivered more fluid
than it indicated.
790
00:39:10,748 --> 00:39:13,182
Your best available
technology failed?
791
00:39:13,651 --> 00:39:15,812
Computers crash.
Cars break down.
It happens.
792
00:39:16,587 --> 00:39:19,283
It happened in this case
because you ignored
793
00:39:19,357 --> 00:39:21,587
the warnings from
your best trained personnel.
794
00:39:22,259 --> 00:39:24,591
Didn't Nurse Panati tell you
there was a drainage problem?
795
00:39:25,029 --> 00:39:27,327
Yes.
Then why didn't you
stop the surgery?
796
00:39:27,698 --> 00:39:28,756
I didn't see a need to.
797
00:39:28,833 --> 00:39:30,232
The patient's vital
signs were normal.
798
00:39:30,301 --> 00:39:32,360
Did you think she
might be getting
too much fluid?
799
00:39:32,737 --> 00:39:34,967
She wasn't, according
to the readout on the pump.
800
00:39:35,806 --> 00:39:37,205
Did it occur to
you to check the pump?
801
00:39:39,043 --> 00:39:41,841
That would have meant
keeping the patient
on the sedative drip
802
00:39:41,912 --> 00:39:45,541
longer than required.
That was a greater risk
than the electrolytic fluid.
803
00:39:45,783 --> 00:39:48,650
Or is it because you
were in a hurry to get
to another patient?
804
00:39:49,120 --> 00:39:50,178
No.
805
00:39:50,254 --> 00:39:53,485
Isn't that the reason
you disregarded the risks
to Mrs. Gerard?
806
00:39:55,493 --> 00:39:57,984
That's nonsense.
You ignored hospital policy.
807
00:39:58,729 --> 00:40:00,720
You ignored warnings
from your nurse.
808
00:40:00,965 --> 00:40:02,057
What's another
shortcut if
809
00:40:02,133 --> 00:40:03,657
it means cramming
one more patient
810
00:40:03,734 --> 00:40:05,599
into your
over-extended practice?
811
00:40:06,504 --> 00:40:08,665
Why would I endanger
the patient's life?
812
00:40:09,740 --> 00:40:14,109
It doesn't make sense.
That patient's welfare
was my foremost concern.
813
00:40:15,746 --> 00:40:19,512
That patient's name
was Maureen Gerard.
814
00:40:24,588 --> 00:40:25,850
No more questions.
815
00:40:28,592 --> 00:40:29,854
Nice finish.
816
00:40:29,927 --> 00:40:32,293
It wasn't enough.
Hung jury?
817
00:40:32,463 --> 00:40:34,363
Smells like.
Counselors.
818
00:40:34,565 --> 00:40:36,795
Guess who won't be making
any more house calls?
819
00:40:37,334 --> 00:40:41,430
State police in Putnam County
found Dr. Michaels in his
car at the bottom of a gully.
820
00:40:42,373 --> 00:40:44,637
Accident?
No skid marks.
821
00:40:44,842 --> 00:40:46,241
But go prove
it's a suicide.
822
00:40:46,444 --> 00:40:47,706
Thanks.
823
00:40:49,947 --> 00:40:51,642
That's one verdict
you don't have
to worry about.
824
00:40:52,416 --> 00:40:57,012
Jack, Michaels came
to me asking for a deal.
825
00:40:57,822 --> 00:40:59,790
He said he had evidence
to convict Rudnick.
826
00:41:03,194 --> 00:41:05,094
I might have set terms
he couldn't live with.
827
00:41:05,162 --> 00:41:07,630
No, no, no, no, no, no.
His choice, Abbie.
828
00:41:09,500 --> 00:41:11,297
His lawyer know he
asked for a plea?
829
00:41:11,735 --> 00:41:13,134
Yeah, his lawyer
was there.
830
00:41:14,205 --> 00:41:15,968
Call the judge
for a conference.
831
00:41:16,907 --> 00:41:20,343
Your Honor, whatever
Dr. Michaels told
his attorney is privileged.
832
00:41:20,444 --> 00:41:22,810
It can't be divulged without
Dr. Michaels's approval.
833
00:41:23,080 --> 00:41:24,775
His death makes
that unlikely.
834
00:41:24,882 --> 00:41:26,873
The privilege
survives his death.
835
00:41:26,984 --> 00:41:30,784
U.S. v. Foster explicitly
states it cannot be pierced.
836
00:41:30,888 --> 00:41:32,253
Because the Supreme
Court thought
837
00:41:32,323 --> 00:41:35,190
a client would be
encouraged to speak
openly to his lawyer
838
00:41:35,259 --> 00:41:37,887
if he believed it would
remain confidential
after his death.
839
00:41:38,295 --> 00:41:41,321
Dr. Michaels didn't
want his conversations
kept private.
840
00:41:41,499 --> 00:41:43,763
His intent was
to enter into a plea
bargain with us and
841
00:41:43,834 --> 00:41:45,563
reveal what he
told his lawyer.
842
00:41:45,669 --> 00:41:47,432
His intent should
survive his death.
843
00:41:47,505 --> 00:41:50,235
We can't know what
his intent was when
he spoke to Mr. Delaney.
844
00:41:50,341 --> 00:41:51,865
We can if we
ask Mr. Delaney.
845
00:41:51,942 --> 00:41:54,467
But that defeats the whole
purpose of the privilege.
846
00:41:54,678 --> 00:41:58,705
Judge, when wills are
contested, the deceased's
conversations with his lawyer
847
00:41:58,782 --> 00:42:01,683
are admitted to clarify
his testamentary aims.
848
00:42:02,520 --> 00:42:04,613
The Supreme Court left
that exception intact.
849
00:42:05,789 --> 00:42:07,154
It's a narrow exception.
850
00:42:07,858 --> 00:42:09,985
Your Honor,
I can't testify.
851
00:42:12,062 --> 00:42:14,860
You will if I order you to.
In my courtroom.
852
00:42:14,932 --> 00:42:16,559
I want you under oath,
Mr. Delaney.
853
00:42:19,103 --> 00:42:21,230
Dr. Michaels was under
a lot of stress.
854
00:42:22,740 --> 00:42:25,208
He felt responsible
for Mrs. Gerard's death.
855
00:42:25,876 --> 00:42:28,674
He felt he'd abdicated his
responsibilities as a doctor.
856
00:42:29,113 --> 00:42:30,671
He thought the trial
was hopeless.
857
00:42:31,282 --> 00:42:33,944
He wanted to enter into
a plea bargain with
the district attorney.
858
00:42:34,885 --> 00:42:36,250
What kind of plea bargain?
859
00:42:36,587 --> 00:42:39,385
He was willing to turn over
evidence against Dr. Rudnick
860
00:42:39,456 --> 00:42:41,447
in return for a plea
to misdemeanor assault.
861
00:42:42,026 --> 00:42:43,721
Did the
District Attorney
agree to this deal?
862
00:42:44,128 --> 00:42:47,586
Ms. Carmichael asked
for a plea to criminally
negligent homicide.
863
00:42:47,665 --> 00:42:50,327
Minimum jail time,
forfeit of Dr. Michaels's
medical license.
864
00:42:50,834 --> 00:42:51,892
We told her we'd
think about it.
865
00:42:52,503 --> 00:42:54,061
You hadn't turned it down?
No.
866
00:42:54,471 --> 00:42:56,701
And Dr. Michaels told you what
his evidence was?
867
00:42:56,774 --> 00:42:57,763
Yes.
868
00:42:57,841 --> 00:43:02,608
And it was his clear intent
to divulge the evidence
to the district attorney?
869
00:43:03,347 --> 00:43:04,371
Yes.
870
00:43:05,382 --> 00:43:07,213
What was the evidence?
871
00:43:12,523 --> 00:43:15,720
Dr. Rudnick and he had an
arrangement with Ms. Ward.
872
00:43:17,194 --> 00:43:20,357
If they convinced St. Mark's
to approve for purchase of
the Medtech laser system,
873
00:43:20,431 --> 00:43:21,921
they'd receive a kickback,
874
00:43:22,499 --> 00:43:25,263
along with rebates on
equipment for their practice.
875
00:43:26,971 --> 00:43:29,235
Dr. Michaels told me
this arrangement was
876
00:43:29,306 --> 00:43:30,773
worth several
hundred thousand dollars.
877
00:43:31,308 --> 00:43:32,866
Thank you, Mr. Delaney.
878
00:43:34,211 --> 00:43:37,476
Since Dr. Michaels intended
to divulge this evidence,
879
00:43:37,715 --> 00:43:40,411
I'm going to admit
Mr. Delaney's
testimony at trial.
880
00:43:41,585 --> 00:43:42,745
In light of Your
Honor's ruling,
881
00:43:42,820 --> 00:43:46,415
I seek leave to re-present
murder two depraved
Indifference charges
882
00:43:46,490 --> 00:43:48,287
against Ms. Ward
and Dr. Rudnick.
883
00:43:48,826 --> 00:43:50,919
Your Honor already
dismissed those charges.
884
00:43:51,095 --> 00:43:53,529
New evidence,
new theory of the case.
885
00:43:53,597 --> 00:43:56,896
Dr. Rudnick ignored
the risks to Mrs. Gerard
out of pure greed.
886
00:43:56,967 --> 00:43:58,491
But it's double jeopardy.
887
00:43:58,569 --> 00:44:00,560
CPL Section 200.2
888
00:44:00,638 --> 00:44:03,266
permits new charges
where the evidence was
unknown to the People.
889
00:44:03,340 --> 00:44:05,467
How are we supposed
to cross-examine
Dr. Michaels?
890
00:44:05,709 --> 00:44:08,507
There are Sixth Amendment
confrontation problems
here, Your Honor.
891
00:44:08,746 --> 00:44:10,873
I'm sure the Appellate
Court'll love hearing them.
892
00:44:11,782 --> 00:44:14,774
Leave to re-present
murder two charges is granted.
893
00:44:20,057 --> 00:44:21,547
I talked to Ms.
Ward's lawyer.
894
00:44:21,625 --> 00:44:23,490
You let her plead
out on man one.
895
00:44:23,927 --> 00:44:26,896
Mrs. Gerard did not put
her life in Ms. Ward's hands.
896
00:44:27,398 --> 00:44:28,865
The offer is 15-to-life.
897
00:44:28,932 --> 00:44:30,365
But he wasn't
trying to hurt her.
898
00:44:30,434 --> 00:44:33,892
Spare me. The offer is
15-to-life, or we meet
with the judge
899
00:44:33,971 --> 00:44:35,962
tomorrow to set
a new trial date.
900
00:44:42,446 --> 00:44:43,970
Send me the paperwork.
901
00:44:45,816 --> 00:44:46,942
Tell me, Doctor,
902
00:44:47,851 --> 00:44:50,445
all those women
you ran through your
examination rooms
903
00:44:51,121 --> 00:44:53,783
do you remember their
faces, or did you not
even bother to look up?
904
00:45:04,034 --> 00:45:06,400
Dr. Rudnick's bad
luck you weren't
prosecuting this case.
905
00:45:06,470 --> 00:45:10,702
His bad luck was
one of us pierced
attorney-client privilege.
906
00:45:11,742 --> 00:45:13,266
Well, it just wasn't
his lucky day.