1 00:00:07,048 --> 00:00:08,789 NARRATOR: In the criminal justice system 2 00:00:08,850 --> 00:00:12,730 the people are represented by two separate yet equally important groups, 3 00:00:12,788 --> 00:00:14,597 the police who investigate crime 4 00:00:14,656 --> 00:00:17,466 and the district attorneys who prosecute the offenders. 5 00:00:17,526 --> 00:00:19,233 These are their stories. 6 00:00:22,697 --> 00:00:24,904 You're home early, Mrs. Kiley. How was your trip? 7 00:00:25,467 --> 00:00:28,141 Oh, best anniversary present lever had, Michael. 8 00:00:28,203 --> 00:00:29,944 Hey, Mr. K, long flight? 9 00:00:30,005 --> 00:00:31,985 It's always long when you're coming home, Michael. 10 00:00:32,040 --> 00:00:33,451 Send the suitcases up, would you? 11 00:00:33,508 --> 00:00:34,851 Yes. Your daughter, she... 12 00:00:34,910 --> 00:00:37,049 Oh, May hasn't gone out, has she? Not this early. 13 00:00:37,112 --> 00:00:38,955 No, no. I haven't seen her this morning. 14 00:00:39,014 --> 00:00:40,220 Good. 15 00:00:46,855 --> 00:00:50,302 SCOTT: What in the hell is going on in here? 16 00:00:50,358 --> 00:00:51,530 LENORE: May? 17 00:00:52,327 --> 00:00:53,567 Who are you? 18 00:00:56,097 --> 00:00:57,838 LENORE: May? Oh, my God. 19 00:00:58,834 --> 00:01:00,108 (BOY COUGHING) 20 00:01:00,168 --> 00:01:03,012 All right, come on. Get up. 21 00:01:03,071 --> 00:01:05,244 Get out of here, all of you, right now. 22 00:01:05,307 --> 00:01:07,514 LENORE: May? May? 23 00:01:08,310 --> 00:01:09,516 Andy? 24 00:01:10,312 --> 00:01:13,122 Mr. Kiley. I was... I was just... 25 00:01:13,482 --> 00:01:15,052 Cover yourself. 26 00:01:16,384 --> 00:01:19,126 Andy, what is going on here? 27 00:01:19,187 --> 00:01:21,224 May had a couple of kids over. 28 00:01:21,289 --> 00:01:22,734 LENORE: Oh, my God! 29 00:01:22,791 --> 00:01:25,294 Lenore? Lenore! 30 00:01:26,061 --> 00:01:27,233 (LENORE CRYING) 31 00:01:28,296 --> 00:01:29,570 Oh. my... 32 00:01:29,898 --> 00:01:30,933 Oh! 33 00:01:30,999 --> 00:01:33,775 Oh, my God. 34 00:01:39,574 --> 00:01:42,646 It started out, you know, just a few kids. 35 00:01:43,245 --> 00:01:44,349 What time? 36 00:01:45,013 --> 00:01:46,014 Around 8:00, 8:30. 37 00:01:46,081 --> 00:01:47,560 You go to school with May? 38 00:01:47,616 --> 00:01:49,653 I used to. Before I went to Williams. 39 00:01:49,718 --> 00:01:50,924 I'm on spring break. 40 00:01:50,986 --> 00:01:53,262 You were here with a girl, right? A date? 41 00:01:53,321 --> 00:01:56,734 Yeah, she's from Dalton. I met her at the party, then we crashed. 42 00:01:56,791 --> 00:01:58,896 You talk to May at the party? 43 00:01:58,960 --> 00:02:01,964 May was in the bedroom with somebody. I don't know who. 44 00:02:03,131 --> 00:02:04,804 They were having a bad fight. 45 00:02:04,866 --> 00:02:06,072 You hear a gunshot? 46 00:02:06,134 --> 00:02:08,341 I didn't hang around outside the door. 47 00:02:08,403 --> 00:02:10,076 I mean, with the music that loud. 48 00:02:11,172 --> 00:02:13,482 Wait here. How are the parents? 49 00:02:13,542 --> 00:02:16,489 Well, Mom's calling her doctor, and Dad's calling his lawyer. 50 00:02:16,545 --> 00:02:19,992 Well, I got this one kid, said he heard an argument in May's bedroom. You? 51 00:02:20,048 --> 00:02:24,053 No. Some of the kids she hung out with thought she was the life of the party. 52 00:02:24,452 --> 00:02:25,863 Not anymore. 53 00:03:14,936 --> 00:03:19,214 What happened last night was not like her. 54 00:03:20,709 --> 00:03:24,748 Up until this year, she never even went to parties. 55 00:03:26,047 --> 00:03:27,958 We worried about her. 56 00:03:28,016 --> 00:03:31,589 A kid needs a social life, 57 00:03:32,887 --> 00:03:36,562 and May was always such a loner. 58 00:03:38,994 --> 00:03:44,774 Until last year, and then she just seemed to blossom. 59 00:03:47,602 --> 00:03:49,343 Before you went to England... 60 00:03:49,404 --> 00:03:53,113 There was never any talk of a party. 61 00:03:54,442 --> 00:03:55,512 What about drugs? 62 00:03:55,577 --> 00:03:58,649 If you found any there, they were not hers or her friends'. 63 00:03:58,713 --> 00:04:01,592 At least her close friends'. 64 00:04:02,117 --> 00:04:03,221 CURTIS: Are you sure? 65 00:04:03,284 --> 00:04:04,285 Yes. 66 00:04:05,020 --> 00:04:06,192 What about boyfriends? 67 00:04:06,254 --> 00:04:07,358 LENORE: May's crowd, 68 00:04:08,423 --> 00:04:10,630 they don't really date like we did. 69 00:04:12,060 --> 00:04:13,903 Can you give us some names? 70 00:04:13,962 --> 00:04:16,568 That would be Chris Landauer. 71 00:04:17,999 --> 00:04:19,774 She's in her class. 72 00:04:21,536 --> 00:04:25,609 And Julia Buckley. 73 00:04:27,275 --> 00:04:29,255 She's a year behind her. 74 00:04:31,279 --> 00:04:35,785 Sometime after 8:00, 8:30, kids, friends, friends of friends, 75 00:04:35,850 --> 00:04:37,887 strangers who heard about the party started showing up. 76 00:04:37,952 --> 00:04:40,694 Doorman calls up to the apartment, "Hey, are these your guests?" 77 00:04:40,755 --> 00:04:43,531 May wants to be popular so she says, "Sure, send them up." 78 00:04:43,591 --> 00:04:45,901 Yeah, so at some point things get out of hand. 79 00:04:45,960 --> 00:04:48,338 One kid said he heard May arguing with a guy around 11:00. 80 00:04:48,396 --> 00:04:50,569 Now another kid, Melinda Suarez, 81 00:04:50,632 --> 00:04:52,270 heard a shot maybe half an hour later. 82 00:04:52,333 --> 00:04:54,006 But she thought it came from the street. 83 00:04:54,069 --> 00:04:55,207 The gun from the room? 84 00:04:55,270 --> 00:04:58,444 A 22 caliber. Unregistered. Latent's working on the prints. 85 00:04:58,506 --> 00:04:59,507 Gunshot residue? 86 00:04:59,574 --> 00:05:00,575 Working on it. 87 00:05:01,076 --> 00:05:02,578 11:30 to what? 88 00:05:02,644 --> 00:05:03,952 What time did the parents find May? 89 00:05:04,012 --> 00:05:05,047 6:00. 90 00:05:05,113 --> 00:05:07,184 6:00. Six and a half hours. 91 00:05:07,248 --> 00:05:09,524 None of the kids went in the room, saw the body? 92 00:05:09,584 --> 00:05:11,154 The door closed? It's possible. 93 00:05:11,219 --> 00:05:13,665 The parents got there, there were bodies all over the place. 94 00:05:13,722 --> 00:05:16,202 Sleeping, drugged, drunk. 95 00:05:16,257 --> 00:05:17,600 What about these Polaroids? 96 00:05:17,659 --> 00:05:19,730 Well, you can get arrested for putting them on the Internet, 97 00:05:19,794 --> 00:05:21,205 but no shots of May. 98 00:05:21,262 --> 00:05:22,900 No diary or phonebook? 99 00:05:22,964 --> 00:05:23,999 Working on that, too. 100 00:05:24,065 --> 00:05:26,272 Now, some other people we talked to said, 101 00:05:26,334 --> 00:05:28,473 "May was shy, but everybody liked her." 102 00:05:28,536 --> 00:05:31,517 "Fun, not wild. A little naive." 103 00:05:31,573 --> 00:05:33,211 If she'd been a little more streetwise... 104 00:05:33,274 --> 00:05:35,015 Maybe she would've been killed on the street. 105 00:05:35,076 --> 00:05:37,386 Latent got three sets of prints off the gun. 106 00:05:37,445 --> 00:05:40,483 The girl, an unknown, and this mook, Maxwell Paris, 23, 107 00:05:40,548 --> 00:05:42,755 just did six months at Rikers for dealing. 108 00:05:43,818 --> 00:05:45,491 CURTIS: So, how'd you end up at the party, Max? 109 00:05:45,553 --> 00:05:47,157 BRISCOE: Somebody decides to throw a party, 110 00:05:47,222 --> 00:05:50,032 they just put your name on the top of the list? 111 00:05:50,091 --> 00:05:52,332 What do you do, supply the party favors? 112 00:05:52,994 --> 00:05:53,995 Am I under arrest? 113 00:05:54,062 --> 00:05:55,097 BRISCOE: For what? 114 00:05:55,163 --> 00:05:56,540 How long were you at the party? 115 00:05:57,298 --> 00:05:58,333 A couple of hours. 116 00:05:58,399 --> 00:05:59,400 Who'd you talk to? 117 00:05:59,467 --> 00:06:00,673 You talk to May? 118 00:06:00,735 --> 00:06:03,272 Who? CURTIS: Your hostess. 119 00:06:03,338 --> 00:06:05,113 We found this gun there, Max. 120 00:06:05,173 --> 00:06:07,050 It's got your prints on it. Now, why would that be? 121 00:06:08,109 --> 00:06:09,816 Why would your prints be on this gun, Max? 122 00:06:09,878 --> 00:06:12,119 I just brought it, okay? 123 00:06:12,180 --> 00:06:14,490 Some kid found it in my pocket, 124 00:06:14,549 --> 00:06:16,529 started showing it around to people. 125 00:06:16,584 --> 00:06:18,029 I tried to look for the thing later, 126 00:06:18,086 --> 00:06:20,623 but this blondie, she could tell you. 127 00:06:21,089 --> 00:06:23,660 I was with her from the minute I walked in the door till when I left. 128 00:06:23,725 --> 00:06:24,726 Blondie got a name? 129 00:06:25,093 --> 00:06:28,404 Well, everybody's got a name. Cindy, I think. Mary. 130 00:06:30,231 --> 00:06:33,212 All right, you recognize blondie? 131 00:06:34,169 --> 00:06:36,206 Yeah, yeah, that's her, that's her. 132 00:06:36,938 --> 00:06:40,044 GLORIA: If my mother ever finds out that I was with that guy... 133 00:06:40,775 --> 00:06:42,448 Tell us about the gun. 134 00:06:43,011 --> 00:06:44,456 It was a gun. 135 00:06:44,612 --> 00:06:46,888 Well, a lot of your friends carry guns? 136 00:06:46,948 --> 00:06:49,292 No. Look, I didn't even know he had it. 137 00:06:49,350 --> 00:06:51,125 Some kid took it out of his pants pocket. 138 00:06:51,186 --> 00:06:53,166 BRISCOE: And Max didn't try to stop him? 139 00:06:53,221 --> 00:06:55,326 Well, his pants were on the other side of the room. 140 00:06:57,125 --> 00:06:58,126 (SIGHS) Okay. 141 00:06:58,993 --> 00:07:00,267 BRISCOE: Were you with him the whole time? 142 00:07:00,328 --> 00:07:03,002 Did he go off by himself? Get a beer? Anything like that? 143 00:07:03,064 --> 00:07:06,443 No, I came up in the elevator with him and... 144 00:07:07,068 --> 00:07:08,979 Well, I didn't know that he was going to the party. 145 00:07:09,037 --> 00:07:11,677 We were both crashers, so... 146 00:07:14,242 --> 00:07:17,587 Well, I don't know, he pretty much kept an eye on me the whole night. 147 00:07:17,645 --> 00:07:19,886 I think he was scared I was going to run out on him or something. 148 00:07:20,315 --> 00:07:21,794 Yeah, he'd lose his meal ticket. 149 00:07:21,850 --> 00:07:23,830 Look, I know what goes on. 150 00:07:23,885 --> 00:07:25,489 I mean, if you only saw the dweebs 151 00:07:25,553 --> 00:07:27,464 that I usually go out with from my school. 152 00:07:27,522 --> 00:07:30,025 And this guy Max is, what, exciting? 153 00:07:30,325 --> 00:07:34,535 Real. I mean, he really does stuff. 154 00:07:35,296 --> 00:07:36,639 Like time in Rikers. 155 00:07:36,698 --> 00:07:40,236 Look, I'm really sorry about what happened to Billy's girlfriend, 156 00:07:40,301 --> 00:07:42,645 but Max was with me the entire night. 157 00:07:43,137 --> 00:07:44,548 Who's Billy? 158 00:07:44,606 --> 00:07:47,109 Billy Fields, the guy who told me about the party. 159 00:07:47,175 --> 00:07:48,552 He was there with May. 160 00:07:48,610 --> 00:07:49,748 Where can we find him? 161 00:07:51,779 --> 00:07:54,589 I don't know. Greenwich Paper, down on 12th Street. 162 00:07:57,852 --> 00:08:02,665 Ever since it happened, it's like a nightmare. 163 00:08:03,157 --> 00:08:06,138 Well, you want to tell us exactly what happened? 164 00:08:06,194 --> 00:08:08,640 I wanted to explain it to someone. 165 00:08:09,631 --> 00:08:12,578 My friend Louis said that... Louis? 166 00:08:12,634 --> 00:08:16,844 Louis Morse. He said that I should report it. 167 00:08:20,341 --> 00:08:22,116 I was scared. Hey, that's okay. 168 00:08:22,176 --> 00:08:25,248 Something like this happens, people get scared. 169 00:08:25,813 --> 00:08:27,793 I didn't know what to do, you know. 170 00:08:29,250 --> 00:08:33,164 I mean, just a party. 171 00:08:33,221 --> 00:08:35,326 It was just a regular party. 172 00:08:35,390 --> 00:08:38,428 May planned it a while ago, when she heard her parents were going out of town. 173 00:08:38,493 --> 00:08:40,404 So, what happened at the party? 174 00:08:40,461 --> 00:08:41,838 BILLY: I got there late, 175 00:08:42,497 --> 00:08:45,876 and I was just taking off my coat 176 00:08:45,934 --> 00:08:48,574 when Louis pulled me into May's bedroom. 177 00:08:49,771 --> 00:08:54,345 And he had this gun. I don't know where he got it. 178 00:08:56,244 --> 00:08:59,088 And we were looking at it when May came in. 179 00:09:01,082 --> 00:09:03,323 And she was hysterical. 180 00:09:03,384 --> 00:09:06,854 She was telling us how she got this letter, 181 00:09:09,590 --> 00:09:12,935 and that she had AIDS. 182 00:09:14,729 --> 00:09:17,505 And she was crying, and saying it wasn't fair. 183 00:09:18,032 --> 00:09:22,208 I freaked. I was like, I kept telling her, "Are you sure?" 184 00:09:23,838 --> 00:09:25,545 She said yes. 185 00:09:25,974 --> 00:09:27,920 I thought maybe I had it, too. 186 00:09:29,077 --> 00:09:30,681 (STUTTERS) 187 00:09:30,745 --> 00:09:33,248 She told me to put down the gun, 188 00:09:33,314 --> 00:09:36,261 and she picked it up, and somehow it went off. 189 00:09:38,820 --> 00:09:40,857 I don't even know what happened then. 190 00:09:43,024 --> 00:09:44,935 I thought I killed her. 191 00:09:46,160 --> 00:09:47,605 And I was scared. 192 00:09:47,662 --> 00:09:50,074 Louis and I, we just booked together. 193 00:09:50,131 --> 00:09:54,409 God, I mean, I'm so sorry. 194 00:09:57,205 --> 00:09:59,583 We got him in interrogation, waiting on his lawyer. 195 00:09:59,640 --> 00:10:03,349 She tells him she's got AIDS, he freaks and accidentally shoots her. 196 00:10:03,778 --> 00:10:04,779 You buy that story? 197 00:10:05,046 --> 00:10:06,081 Well, he's a mess, 198 00:10:06,147 --> 00:10:09,026 but his friend, Louis Morse, confirms everything. 199 00:10:09,083 --> 00:10:10,289 So, there's a struggle. 200 00:10:10,351 --> 00:10:13,423 Maybe he wanted to kill her because he was afraid she'd given him AIDS, 201 00:10:13,488 --> 00:10:14,899 and she tried to stop him? 202 00:10:14,956 --> 00:10:17,197 We're having the M.E. check if the girl was HIV positive, 203 00:10:17,258 --> 00:10:19,465 and if the wound makes the boy's story possible. 204 00:10:19,527 --> 00:10:21,438 Well, book Max for criminal possession of the weapon, 205 00:10:21,496 --> 00:10:24,500 charge Billy with murder two, and talk to May's parents. 206 00:10:24,565 --> 00:10:26,442 Find out what they know about Billy. 207 00:10:27,035 --> 00:10:29,811 HIV? What are you talking about? What are they talking about? 208 00:10:29,871 --> 00:10:31,214 We're just trying to confirm... 209 00:10:31,272 --> 00:10:32,376 My daughter's dead, 210 00:10:33,174 --> 00:10:35,120 and you come here telling me she... 211 00:10:35,843 --> 00:10:37,845 Who told you that? Mr. Kiley, I... 212 00:10:37,912 --> 00:10:39,516 Whoever told you that is a liar. 213 00:10:39,580 --> 00:10:41,685 My daughter was not sexually active. 214 00:10:42,717 --> 00:10:46,187 She was fitted for a diaphragm a little over a year ago. 215 00:10:46,254 --> 00:10:47,892 She what? 216 00:10:48,489 --> 00:10:50,196 May was a late bloomer. 217 00:10:51,025 --> 00:10:52,663 She came to me for advice, and I... 218 00:10:52,727 --> 00:10:55,105 Why didn't you tell me this? 219 00:10:55,163 --> 00:10:57,973 Because she was afraid you would react the way you're reacting. 220 00:11:00,268 --> 00:11:01,941 Who was she sleeping with? 221 00:11:02,003 --> 00:11:03,380 I didn't ask. 222 00:11:06,974 --> 00:11:08,885 What is the detective looking for? 223 00:11:08,943 --> 00:11:10,889 Oh, he'll be finished in a minute. 224 00:11:11,245 --> 00:11:14,818 Did May ever talk about getting tested for HIV? 225 00:11:16,751 --> 00:11:19,630 What can you tell me about her friend, Billy Fields? 226 00:11:19,687 --> 00:11:21,462 We met him a couple of times. 227 00:11:22,623 --> 00:11:25,365 He seemed like a very sweet boy. 228 00:11:26,060 --> 00:11:28,267 I didn't know he was her boyfriend. 229 00:11:28,362 --> 00:11:29,636 (DOOR OPENING) 230 00:11:30,131 --> 00:11:33,806 Found this in one of her school books. "May, we have to talk." 231 00:11:33,868 --> 00:11:35,677 "It's very important. Lana." 232 00:11:35,970 --> 00:11:36,971 Who's Lana? 233 00:11:38,573 --> 00:11:42,715 There's a Lana Madison in her chorus. 234 00:11:42,777 --> 00:11:44,984 I don't think they were friends, though. 235 00:11:48,649 --> 00:11:51,960 May, and this girl from Spence, Grace Leonard, and me, 236 00:11:52,019 --> 00:11:53,760 we all went out with the same guy. 237 00:11:54,689 --> 00:11:57,602 Me, about a year and a half ago, 238 00:11:57,658 --> 00:12:01,333 and then Grace a year ago, and May nine, 10 months ago. 239 00:12:01,395 --> 00:12:03,170 He bounced from Grace to her. 240 00:12:03,231 --> 00:12:04,505 Who was the guy? 241 00:12:04,599 --> 00:12:07,273 I only know his street name. Twist. 242 00:12:07,869 --> 00:12:09,405 Do you know where we can find him? 243 00:12:09,470 --> 00:12:11,814 I don't know. I haven't seen him around lately. 244 00:12:11,873 --> 00:12:12,943 Does he go to school with you? 245 00:12:13,007 --> 00:12:14,042 No, he's older. 246 00:12:14,342 --> 00:12:15,412 Couple of years. 247 00:12:15,476 --> 00:12:16,477 Do you know where he lives? 248 00:12:16,544 --> 00:12:18,581 No, he just hangs around the scene. 249 00:12:18,646 --> 00:12:19,784 So, where did you... 250 00:12:19,847 --> 00:12:21,485 LANA: My parents' place. 251 00:12:21,549 --> 00:12:22,892 They were out. 252 00:12:24,118 --> 00:12:25,688 What about May's current boyfriend? 253 00:12:25,753 --> 00:12:29,530 Billy? He's a shy kid. You know, more May's speed. 254 00:12:30,291 --> 00:12:31,702 Not like Twist. 255 00:12:32,260 --> 00:12:34,365 I can't imagine him shooting anybody. 256 00:12:34,428 --> 00:12:36,066 Sounds like you don't like Twist. 257 00:12:36,531 --> 00:12:40,946 Yeah, well... No, like three weeks after we broke up, 258 00:12:41,402 --> 00:12:46,010 I ran into him at a party, and he told me he had AIDS, 259 00:12:46,274 --> 00:12:47,776 so I probably had it, 260 00:12:48,176 --> 00:12:49,678 and then he laughed. 261 00:12:50,444 --> 00:12:51,821 And I thought it was a sick joke. 262 00:12:51,879 --> 00:12:55,486 He was just trying to get back at me for dumping him. 263 00:12:55,550 --> 00:12:59,828 But two weeks ago, I had to go get tested for VD, 264 00:13:00,788 --> 00:13:03,132 and I found out Twist wasn't joking. 265 00:13:05,326 --> 00:13:06,327 I'm sorry. 266 00:13:08,296 --> 00:13:09,297 What do you guys say? 267 00:13:09,363 --> 00:13:11,969 "Can't do the time, don't do the crime?" 268 00:13:12,867 --> 00:13:16,872 That's what it feels like. You know, like I'm some sort of criminal. 269 00:13:17,772 --> 00:13:18,944 You getting help? 270 00:13:19,006 --> 00:13:22,579 Yeah, I got a good doctor. At least my parents say he's good, 271 00:13:23,177 --> 00:13:25,088 and now they get to congratulate themselves 272 00:13:25,146 --> 00:13:26,853 on being understanding. 273 00:13:28,382 --> 00:13:31,488 (SIGHS) This Twist, would Grace know where we can find him? 274 00:13:31,552 --> 00:13:36,001 I tried to contact Grace, too, to tell her, 275 00:13:36,858 --> 00:13:38,235 but she already knew. 276 00:13:39,126 --> 00:13:40,469 She died. 277 00:13:41,062 --> 00:13:42,370 AIDS. 278 00:13:42,530 --> 00:13:44,407 Pneumonia. Last month. 279 00:13:44,465 --> 00:13:46,411 Look, Twist is a jerk. 280 00:13:46,467 --> 00:13:49,812 Hey, he even bragged about infecting as many girls as he can. 281 00:13:49,870 --> 00:13:51,679 Taking us all with him. 282 00:14:01,649 --> 00:14:04,255 CURTIS: The M.E. confirmed that May was HIV positive, 283 00:14:04,318 --> 00:14:06,662 and the angle of the wound makes the boy's story possible. 284 00:14:06,721 --> 00:14:08,064 We've got the kid's statement. 285 00:14:08,122 --> 00:14:09,430 Confirmation from the witness? 286 00:14:09,523 --> 00:14:12,003 Yes. He saw the fight. I talked to Billy's lawyer. 287 00:14:12,260 --> 00:14:13,762 What do we know about the boy? 288 00:14:13,828 --> 00:14:15,671 CURTIS: By all reports, a good kid, good student. 289 00:14:16,230 --> 00:14:17,800 So, we're not talking a hard case here. 290 00:14:17,865 --> 00:14:20,106 It sounds like it happened the way he said. 291 00:14:20,935 --> 00:14:23,142 Freaked out, the gun went off. 292 00:14:23,204 --> 00:14:24,842 I'm inclined to make the deal. 293 00:14:24,906 --> 00:14:27,716 Okay. We close the books on Billy. 294 00:14:27,775 --> 00:14:29,777 I wish they were all this easy. 295 00:14:29,844 --> 00:14:31,585 What about this other guy, Twist? 296 00:14:31,646 --> 00:14:32,989 VAN BUREN: What about him? 297 00:14:33,047 --> 00:14:35,186 He's purposely infecting women to kill them. 298 00:14:35,249 --> 00:14:36,353 BRISCOE: He bragged about it. 299 00:14:36,417 --> 00:14:38,954 Said he was going to take as many girls with him as he could. 300 00:14:39,020 --> 00:14:41,660 Well, isn't this something we should hand off to the Health Department? 301 00:14:41,722 --> 00:14:43,258 LT, he's dangerous. 302 00:14:43,824 --> 00:14:45,098 VAN BUREN: I don't know. 303 00:14:45,159 --> 00:14:47,036 CURTIS: It's at least attempted murder. 304 00:14:47,094 --> 00:14:50,507 And what? We get him to plead down to man two? It's a stretch. 305 00:14:52,133 --> 00:14:53,635 I vote with Curtis. 306 00:14:53,701 --> 00:14:56,580 It appears we have a good kid who accidentally killed his girlfriend, 307 00:14:56,637 --> 00:14:59,117 and maybe a bad one who's deliberately infecting women. 308 00:14:59,173 --> 00:15:00,174 Well, pick him up. 309 00:15:00,241 --> 00:15:02,050 We'll worry about how to keep him later. 310 00:15:02,109 --> 00:15:04,851 Start with the clinic where the girl got tested. 311 00:15:07,848 --> 00:15:09,555 MALLON: We get a list of sexual encounters 312 00:15:09,617 --> 00:15:12,427 from everyone who tests positive for HIV. 313 00:15:12,486 --> 00:15:14,762 We contact these people, we urge them to get tested. 314 00:15:14,822 --> 00:15:17,666 We get from them their list of sexual encounters, and so on. 315 00:15:17,725 --> 00:15:19,796 Well, Lana Madison told us she got tested here. 316 00:15:19,860 --> 00:15:21,567 This is the letter you sent her. 317 00:15:21,662 --> 00:15:24,438 We're hoping you traced the guy who infected her. 318 00:15:25,533 --> 00:15:26,534 The records are confidential. 319 00:15:26,600 --> 00:15:29,979 Hey, we got somebody out there who's infecting these people on purpose. 320 00:15:31,005 --> 00:15:34,680 All right. I can tell you in the past three months, 321 00:15:34,742 --> 00:15:38,815 half a dozen girls who tested positive gave overlapping contacts. 322 00:15:39,513 --> 00:15:40,924 One guy? 323 00:15:40,982 --> 00:15:43,588 We found out he tested positive about a year and a half ago. 324 00:15:43,651 --> 00:15:44,686 We're gonna need his name. 325 00:15:45,019 --> 00:15:46,692 The rules make no exceptions. 326 00:15:46,754 --> 00:15:48,290 Listen, while we're standing here talking, 327 00:15:48,356 --> 00:15:50,029 he could be out infecting somebody else. 328 00:15:50,091 --> 00:15:51,593 If half the time, money and effort 329 00:15:51,659 --> 00:15:54,037 you're spending trying to find this guy went into sex education... 330 00:15:54,095 --> 00:15:56,541 We work for the Police Department, not the School Department. 331 00:15:56,597 --> 00:15:57,974 And I work for the Health Department, 332 00:15:58,032 --> 00:16:01,309 which does not disclose confidential information. 333 00:16:01,369 --> 00:16:02,370 Excuse me. 334 00:16:03,704 --> 00:16:05,479 We can't get this kid's name from the Health Department. 335 00:16:05,539 --> 00:16:06,779 So, we can't get him off the street. 336 00:16:06,841 --> 00:16:08,286 He'll keep spreading the disease. 337 00:16:09,076 --> 00:16:11,113 This kind of thing makes judges very nervous. 338 00:16:11,178 --> 00:16:13,021 We're dealing with a Constitutional issue here. 339 00:16:13,080 --> 00:16:14,184 The right to privacy. 340 00:16:14,248 --> 00:16:15,852 What about the right to life? 341 00:16:15,916 --> 00:16:18,726 The city health codes are pretty specific about confidentiality. 342 00:16:18,786 --> 00:16:20,197 So, you're saying what? 343 00:16:20,254 --> 00:16:22,165 We back off and let this guy spread death 344 00:16:22,223 --> 00:16:24,396 as quickly as he can get those kids to kick up their heels? 345 00:16:24,959 --> 00:16:27,701 (SIGHS) Okay, I'll file a motion. 346 00:16:27,762 --> 00:16:29,639 Look, we're all in agreement here. 347 00:16:29,697 --> 00:16:31,108 This is a crime. 348 00:16:31,866 --> 00:16:33,402 I sure hope so. 349 00:16:36,904 --> 00:16:40,408 People v. Rodriguez. The defendant was compelled to undergo an AIDS blood test. 350 00:16:40,474 --> 00:16:42,977 The People are not asking a suspect to take a test. 351 00:16:43,043 --> 00:16:45,523 They're asking us to release the test results on a third party. 352 00:16:45,579 --> 00:16:47,024 The issues of privacy are the same. 353 00:16:47,348 --> 00:16:50,192 In Rodriguez, the defendant was charged with sexual assault. 354 00:16:50,251 --> 00:16:52,697 The victim moved to determine her attacker's HIV status 355 00:16:52,753 --> 00:16:54,528 for her own peace of mind. 356 00:16:54,588 --> 00:16:56,727 Ms. Ross seeks to turn Rodriguez on its head. 357 00:16:56,791 --> 00:16:58,498 Your Honor, if we don't get this man off the street, 358 00:16:58,559 --> 00:16:59,765 he will infect more women, 359 00:16:59,827 --> 00:17:02,137 and we can't get him off the street if we don't know who he is. 360 00:17:02,196 --> 00:17:04,335 VESSAS: There's a larger consideration here, Judge. 361 00:17:04,398 --> 00:17:06,207 The need for secrecy to encourage those people 362 00:17:06,267 --> 00:17:08,178 who may be infected to get tested, 363 00:17:08,235 --> 00:17:10,772 and for those people who are infected to seek treatment. 364 00:17:10,838 --> 00:17:13,580 If the D.A. can force disclosure, people infected with HIV 365 00:17:13,641 --> 00:17:15,814 are going to avoid the city Health Department like the plague. 366 00:17:17,111 --> 00:17:19,614 Ms. Ross, if I order these records unsealed, 367 00:17:19,680 --> 00:17:21,682 won't I send the AIDS community a message 368 00:17:21,749 --> 00:17:23,922 that confidentiality is out the window? 369 00:17:23,984 --> 00:17:26,021 The People's need for this information is limited. 370 00:17:26,086 --> 00:17:27,997 We're not asking for all records to be unsealed. 371 00:17:28,055 --> 00:17:30,001 Only one order about one individual. 372 00:17:30,057 --> 00:17:34,437 Which is how it starts. If one, why not two, 10,100? 373 00:17:34,495 --> 00:17:37,374 Rodriguez presented unprecedented issues in this state. 374 00:17:37,431 --> 00:17:39,502 In that case, the suspect had already been arrested. 375 00:17:39,600 --> 00:17:42,774 In this case, we're breaking confidentiality to make an arrest. 376 00:17:42,837 --> 00:17:44,282 We're in uncharted waters here. 377 00:17:44,338 --> 00:17:45,544 Is there a crime here? 378 00:17:45,606 --> 00:17:47,347 That's what we're trying to determine. 379 00:17:47,408 --> 00:17:49,081 That's why we need to talk to him. 380 00:17:53,380 --> 00:17:55,360 Given both the seriousness of the consequences 381 00:17:55,416 --> 00:17:57,020 and the urgency of the matter, 382 00:17:57,084 --> 00:17:59,496 I'm inclined to lean a little on the side of protecting the health, 383 00:17:59,553 --> 00:18:02,090 and perhaps the life of those who are in danger of infection 384 00:18:02,156 --> 00:18:05,160 over a right that is not a matter of life and death. 385 00:18:05,226 --> 00:18:07,502 You've got your records unsealed, Counselor. 386 00:18:09,130 --> 00:18:10,905 We're looking for a kid named Twist. 387 00:18:10,965 --> 00:18:12,535 Last known address, your building. 388 00:18:12,600 --> 00:18:13,704 Didn't give an apartment. 389 00:18:13,768 --> 00:18:17,807 Stark. That's it. Kenny Stark, in what's-his-name's place. 390 00:18:17,872 --> 00:18:18,976 A real pain in the ass. 391 00:18:19,039 --> 00:18:20,074 Which apartment? 392 00:18:20,708 --> 00:18:23,416 I haven't seen him since, what month is this? 393 00:18:23,477 --> 00:18:24,888 He moved out, huh? Mmm-hmm. 394 00:18:24,945 --> 00:18:26,390 We need to find him, fast. 395 00:18:27,381 --> 00:18:30,658 Well, you know Village Blues, two blocks up? You can't miss it. 396 00:18:30,718 --> 00:18:32,356 He used to work in the kitchen. 397 00:18:32,419 --> 00:18:33,420 Thanks. 398 00:18:37,057 --> 00:18:39,833 Yeah, he washed dishes whenever he needs the cash. 399 00:18:41,629 --> 00:18:43,734 I haven't seen him for awhile. 400 00:18:43,797 --> 00:18:44,867 Romeo, right? 401 00:18:46,066 --> 00:18:49,309 Different girl every time he comes in. Young. 402 00:18:49,737 --> 00:18:50,943 You know the type. 403 00:18:51,005 --> 00:18:53,281 Gets the girls by playing the doomed artist. 404 00:18:54,441 --> 00:18:55,977 And they're so dumb. 405 00:18:56,043 --> 00:18:58,683 They see him shooting smack, and want to take care of him. 406 00:18:58,746 --> 00:19:00,657 CURTIS: He do a lot of drugs? 407 00:19:00,714 --> 00:19:03,251 Not really his thing. Just enough to convince himself 408 00:19:03,317 --> 00:19:04,523 that he's not middle class, 409 00:19:04,585 --> 00:19:07,498 and convince the girls that he's a tortured soul. 410 00:19:08,088 --> 00:19:09,863 You know where he lives? Around. 411 00:19:09,924 --> 00:19:12,268 Anybody who's stupid enough to take him in. 412 00:19:12,326 --> 00:19:14,397 Like that kid he was with the other night. 413 00:19:14,461 --> 00:19:17,032 She was putting up those flyers about that lost cat. 414 00:19:20,301 --> 00:19:22,178 What, the Siamese? Manx. 415 00:19:23,170 --> 00:19:24,376 Got it. 416 00:19:26,740 --> 00:19:28,720 Are you here about my cat? 417 00:19:28,776 --> 00:19:30,949 Actually we're looking for Kenny Stark. 418 00:19:32,246 --> 00:19:33,816 Twist. 419 00:19:34,048 --> 00:19:35,618 What for? Is he in trouble? 420 00:19:36,183 --> 00:19:37,560 Is he staying with you? 421 00:19:38,986 --> 00:19:40,021 What's he done? 422 00:19:40,087 --> 00:19:41,464 CURTIS: Is he here? 423 00:19:41,522 --> 00:19:42,933 He just went out. 424 00:19:42,990 --> 00:19:44,128 BRISCOE: Where'd he go? 425 00:19:44,625 --> 00:19:48,402 He's in this band. They've got this big gig coming up. 426 00:19:48,462 --> 00:19:49,532 I mean, it's not definite, 427 00:19:49,597 --> 00:19:51,406 but this A&R guy's gonna come down and check them out, 428 00:19:51,465 --> 00:19:53,775 and they're going to get this big recording contract. 429 00:19:53,834 --> 00:19:55,006 You should hear them. 430 00:19:55,069 --> 00:19:56,742 Well, maybe we can go hear them rehearse. 431 00:19:58,072 --> 00:20:00,143 Hey, it's nothing for you to worry about. 432 00:20:01,742 --> 00:20:05,246 (SIGHS) East Third, 413. Over the laundromat. 433 00:20:06,146 --> 00:20:07,147 You his girl? 434 00:20:08,749 --> 00:20:10,251 Yeah. 435 00:20:10,551 --> 00:20:12,588 Did Kenny tell you he was sick? 436 00:20:14,421 --> 00:20:15,422 What do you mean? 437 00:20:16,891 --> 00:20:20,304 Listen, don't go anyplace. We're gonna have to talk to you, okay? 438 00:20:24,999 --> 00:20:27,070 We're looking for Twist. 439 00:20:27,134 --> 00:20:29,876 Hey, it's okay. I got this problem with my eyes. 440 00:20:29,937 --> 00:20:31,712 See, I can't see anything but Twist. 441 00:20:31,772 --> 00:20:33,683 I can't even see you. Where is he? 442 00:20:41,715 --> 00:20:43,092 (GLASS CLANKING) 443 00:20:44,385 --> 00:20:45,728 STARK: Hey, no, baby, 444 00:20:45,786 --> 00:20:48,130 I don't use rubbers. It's better bareback. 445 00:20:48,188 --> 00:20:49,428 CURTIS: Police! STARK: What's going on? 446 00:20:49,490 --> 00:20:51,367 CURTIS: Get out of bed. Let's go. How the hell? 447 00:20:51,425 --> 00:20:52,460 Stand up. 448 00:20:52,526 --> 00:20:54,665 Kenny Stark, you're under arrest for the murder of Grace Leonard, 449 00:20:54,728 --> 00:20:56,867 and the attempted murder of Lana Madison. 450 00:20:56,931 --> 00:20:58,808 WOMAN: Twist. You've got the right to remain silent. 451 00:20:58,866 --> 00:21:01,870 Anything you do say can and will be used against you in a court of law. 452 00:21:04,038 --> 00:21:07,679 "Docket number 27341. People v. Kenneth Stark." 453 00:21:08,075 --> 00:21:09,748 One count Murder in the Second Degree. 454 00:21:09,810 --> 00:21:12,290 Four counts Attempted Murder in the Second Degree. 455 00:21:12,346 --> 00:21:13,848 Mr. Stark, how do you plead? 456 00:21:13,914 --> 00:21:15,291 Not guilty, Your Honor. 457 00:21:15,349 --> 00:21:16,692 The People request remand. 458 00:21:16,750 --> 00:21:18,457 Mr. Stark is not a flight risk. 459 00:21:18,519 --> 00:21:21,159 He's a threat to the community. Mr. Stark is HIV positive... 460 00:21:21,221 --> 00:21:24,395 So, we put everyone with AIDS in internment camps? 461 00:21:24,458 --> 00:21:25,903 Not everyone with AIDS, Your Honor. 462 00:21:25,960 --> 00:21:27,769 Just those who deliberately infect others. 463 00:21:27,828 --> 00:21:29,705 MARGINI: From the beginning of the AIDS crisis, 464 00:21:29,763 --> 00:21:32,903 quarantine has been consistently rejected as an option. 465 00:21:33,267 --> 00:21:35,577 "The power given by statute to isolate a person" 466 00:21:35,636 --> 00:21:38,515 "is dependent upon his infections or contagious disease." 467 00:21:38,572 --> 00:21:39,676 Smith v. Emery. 468 00:21:39,740 --> 00:21:45,554 1896. And, Your Honor, the most recent applicable law is from 1947. 469 00:21:45,612 --> 00:21:47,216 We're talking ancient history. 470 00:21:47,281 --> 00:21:49,659 Is Mr. Margini suggesting the court ignore precedent? 471 00:21:49,717 --> 00:21:53,824 Is Ms. Ross suggesting the court ignore basic Constitutional rights? 472 00:21:53,887 --> 00:21:57,266 Mr. Stark has no Constitutional right to place others at risk. 473 00:21:57,324 --> 00:21:59,770 All right, Counselors, settle down. 474 00:21:59,827 --> 00:22:01,738 Defendant is remanded to custody. 475 00:22:03,097 --> 00:22:04,940 Think you're a little hasty? 476 00:22:04,999 --> 00:22:06,637 We have a serial killer on the streets. 477 00:22:06,700 --> 00:22:08,941 I'm not sure prudence dictates we go slow. 478 00:22:09,003 --> 00:22:10,778 We're not talking about a serial killer. 479 00:22:10,838 --> 00:22:14,615 All right, a serial killer can murder what, two, three, half a dozen? 480 00:22:14,675 --> 00:22:17,679 Stark can infect, kill dozens, hundreds. 481 00:22:17,745 --> 00:22:19,190 What he did is clearly a crime. 482 00:22:19,246 --> 00:22:21,317 In a perfect world. 483 00:22:21,382 --> 00:22:23,988 But in this one, under the system of laws that we have... 484 00:22:24,051 --> 00:22:27,589 Just before he was being arrested, the police heard Stark say to a girl, 485 00:22:27,654 --> 00:22:29,133 "It's better bareback." 486 00:22:30,290 --> 00:22:31,394 What? 487 00:22:31,458 --> 00:22:33,301 ROSS: He didn't want to use a condom. 488 00:22:33,360 --> 00:22:34,430 Brother. 489 00:22:34,495 --> 00:22:37,738 JACK: And he told one girl he wanted to infect as many women as he could. 490 00:22:37,798 --> 00:22:39,004 It's a crime, Adam. 491 00:22:39,066 --> 00:22:40,841 Is it one we want to prosecute? 492 00:22:41,301 --> 00:22:44,077 A lot of people are gonna see this as a signal 493 00:22:44,138 --> 00:22:46,744 for open season on people with AIDS. 494 00:22:47,174 --> 00:22:49,279 That's a political consideration, Adam. 495 00:22:49,343 --> 00:22:52,415 Political. Just possibly Constitutional. 496 00:22:52,479 --> 00:22:56,518 People are dying. We have the tools to stop it. Let's use them. 497 00:22:56,583 --> 00:22:58,256 No one gave consent to get infected. 498 00:22:58,318 --> 00:23:00,889 The Health Department traces these things. 499 00:23:00,954 --> 00:23:02,797 This is their responsibility. 500 00:23:02,856 --> 00:23:06,360 Sure, to trace them, not to stop them. 501 00:23:06,427 --> 00:23:08,634 The Health Department is not the sex police. 502 00:23:09,196 --> 00:23:11,176 Besides, these kids don't even report it. 503 00:23:12,299 --> 00:23:13,835 And you think that this case... 504 00:23:13,901 --> 00:23:15,403 Could save some lives? Sure. 505 00:23:15,469 --> 00:23:17,415 Well, we're not here to start a crusade. 506 00:23:17,471 --> 00:23:19,781 And I'm not on a crusade. 507 00:23:19,840 --> 00:23:23,287 We can't save everyone from getting shot on the street, 508 00:23:23,343 --> 00:23:25,823 and I know we can't save everyone who gets AIDS. 509 00:23:25,879 --> 00:23:27,984 It is our job to prosecute anyone 510 00:23:28,048 --> 00:23:29,652 who's responsible for the death of another. 511 00:23:29,716 --> 00:23:32,162 Playing into the worst kinds of prejudice. 512 00:23:32,219 --> 00:23:34,199 It'll be on the front page of every newspaper. 513 00:23:34,254 --> 00:23:35,995 I don't want that. 514 00:23:36,857 --> 00:23:39,701 Get Stark to plead out. Do what you have to. 515 00:23:43,063 --> 00:23:44,667 (DOOR BUZZING) 516 00:23:47,501 --> 00:23:49,572 Anne Paulsen. Kagan, Romero, Schoenholtz. 517 00:23:49,636 --> 00:23:51,843 I'll be handling Mr. Stark's case from here on in. 518 00:23:51,905 --> 00:23:53,145 Where's Mr. Margini? 519 00:23:53,207 --> 00:23:54,652 He went back to defending streetwalkers. 520 00:23:54,708 --> 00:23:55,880 (STARK CHUCKLING) 521 00:23:55,943 --> 00:23:57,820 JACK: Your client's easily amused? 522 00:23:57,878 --> 00:24:00,017 That's not half as funny as the charges. 523 00:24:00,080 --> 00:24:01,718 What's your interest in this case? 524 00:24:01,782 --> 00:24:05,161 Her weekly golf game with my mother who lives next door in Ardsley. 525 00:24:05,219 --> 00:24:06,391 And a very large retainer. 526 00:24:06,453 --> 00:24:07,454 Kenny. 527 00:24:07,521 --> 00:24:09,194 I didn't notice them at the arraignment. 528 00:24:09,256 --> 00:24:10,564 They're suddenly concerned? 529 00:24:10,624 --> 00:24:12,399 Yeah, well, we haven't seen much of each other lately. 530 00:24:12,459 --> 00:24:14,200 Mr. Stark's been out of contact with his family 531 00:24:14,261 --> 00:24:15,433 the past couple of years. 532 00:24:16,096 --> 00:24:17,803 His murder spree took all his time. 533 00:24:18,065 --> 00:24:19,135 (SCOFFS) 534 00:24:19,199 --> 00:24:22,510 Look, do you want to tell me what happened? 535 00:24:22,936 --> 00:24:24,609 I can assure you, Mr. McCoy, 536 00:24:24,705 --> 00:24:27,686 his parents will do everything they can to help their boy. 537 00:24:27,741 --> 00:24:29,550 We're ready to offer man one. 538 00:24:29,977 --> 00:24:32,014 Three-to-nine, and he names his contacts. 539 00:24:32,079 --> 00:24:34,218 So you can manufacture more fake charges? 540 00:24:34,515 --> 00:24:36,552 So we can alert your client's victims. 541 00:24:37,217 --> 00:24:40,255 Victims? We all know the charges are bogus. 542 00:24:40,320 --> 00:24:44,200 His irresponsibility is sad and immoral, but it isn't a crime. 543 00:24:44,258 --> 00:24:46,135 I'm moving to dismiss. 544 00:24:52,199 --> 00:24:55,009 PAULSEN: Mr. McCoy is seeking to criminalize sexual activity. 545 00:24:55,068 --> 00:24:58,106 No, I'm seeking to impose criminal sanctions on a murderer. 546 00:24:58,171 --> 00:25:01,641 No matter how irresponsible he may be, Mr. Stark is not a murderer. 547 00:25:01,708 --> 00:25:04,086 His weapon of choice may be unusual, 548 00:25:04,144 --> 00:25:07,216 but he's no less deadly than a common thief who fires a gun. 549 00:25:07,281 --> 00:25:10,194 You can infer intent when a thief pulls a trigger. 550 00:25:10,250 --> 00:25:13,959 Mr. Stark told one of his victims he wanted to take them with him. 551 00:25:14,021 --> 00:25:16,934 Your Honor, if you allow Mr. McCoy to prosecute people with AIDS... 552 00:25:16,990 --> 00:25:20,494 He knowingly infected others with a deadly disease. 553 00:25:20,561 --> 00:25:22,370 No warning, no protection. 554 00:25:22,429 --> 00:25:23,806 Enough. 555 00:25:23,864 --> 00:25:27,505 It's a sustainable case, Mr. McCoy, if you can prove intent. 556 00:25:27,835 --> 00:25:29,405 I'm going to let you proceed, 557 00:25:30,003 --> 00:25:32,711 but I'm mindful of the sensitivity of this issue. 558 00:25:32,773 --> 00:25:35,720 I won't let you turn this into a witch hunt. 559 00:25:38,045 --> 00:25:39,615 If you go forward with this case, 560 00:25:39,680 --> 00:25:41,626 you are crucifying an entire community! 561 00:25:41,682 --> 00:25:45,323 We're not crucifying a community, we're prosecuting one man. 562 00:25:45,385 --> 00:25:46,921 Who has AIDS! 563 00:25:46,987 --> 00:25:49,365 And who therefore, in the press, in the public mind... 564 00:25:49,423 --> 00:25:51,061 Nobody has said he's gay. 565 00:25:51,124 --> 00:25:52,831 You think that's going to make a difference? 566 00:25:52,893 --> 00:25:55,669 You know, people hear AIDS, they think gays. 567 00:25:55,729 --> 00:26:00,144 The tabloids will use this case to attack anyone who's HIV positive, which... 568 00:26:00,200 --> 00:26:01,907 Which includes... Yes. 569 00:26:01,969 --> 00:26:04,882 You've got to think about the effect that this is going to have! 570 00:26:04,972 --> 00:26:06,815 Therefore, don't prosecute a murderer 571 00:26:06,873 --> 00:26:11,117 who happens to be a Christian fundamentalist because people might think 572 00:26:11,178 --> 00:26:13,454 he represents all Christian fundamentalists. 573 00:26:13,513 --> 00:26:14,548 That it? 574 00:26:14,614 --> 00:26:18,357 The courts don't exist in some sort of ivory tower, Adam. 575 00:26:18,418 --> 00:26:20,364 All legal decisions are political. 576 00:26:20,420 --> 00:26:23,594 I don't make decisions about which cases to prosecute 577 00:26:23,657 --> 00:26:26,661 based on fear of what the newspapers will say. 578 00:26:27,794 --> 00:26:29,705 I've always supported you, Adam. 579 00:26:29,763 --> 00:26:32,744 Every time you've come up for reelection, I've busted my hump for you 580 00:26:32,799 --> 00:26:35,803 and I have never asked for anything in return. 581 00:26:36,503 --> 00:26:38,847 But if you don't back off on this one, 582 00:26:39,606 --> 00:26:41,017 I will bury you. 583 00:26:41,675 --> 00:26:43,177 Start digging... 584 00:26:48,982 --> 00:26:51,622 So Judge Al Hoyt found for the People. 585 00:26:52,052 --> 00:26:53,895 When'd he grow a backbone? 586 00:26:53,954 --> 00:26:55,661 Maybe he has granddaughters. 587 00:26:55,722 --> 00:26:58,896 He's what they used to call a confirmed bachelor. 588 00:26:59,226 --> 00:27:01,103 Well, you got your crime. 589 00:27:01,395 --> 00:27:03,807 Do you think Paulsen will consider a plea? 590 00:27:03,864 --> 00:27:06,504 We tried again. She turned us down. 591 00:27:06,566 --> 00:27:08,273 Establish intent. 592 00:27:08,702 --> 00:27:12,013 Maybe then her client will wise up. 593 00:27:12,806 --> 00:27:14,444 Establish intent. 594 00:27:16,343 --> 00:27:18,380 This thing's political poison for him. 595 00:27:19,246 --> 00:27:21,385 Background noise. Ignore it. 596 00:27:22,082 --> 00:27:24,824 Let's start with the victims. Lana Madison? 597 00:27:24,885 --> 00:27:26,831 We have her sworn statement. The girl in the loft? 598 00:27:26,887 --> 00:27:27,957 She's on board. 599 00:27:28,021 --> 00:27:30,661 Stark's girlfriend, Leslie Crowell? 600 00:27:31,124 --> 00:27:32,364 I'll talk to her. 601 00:27:35,495 --> 00:27:37,975 Those girls you said he infected? 602 00:27:38,031 --> 00:27:39,271 Twist isn't that kind of guy. 603 00:27:39,332 --> 00:27:41,107 I mean, I know him. You don't. 604 00:27:41,168 --> 00:27:42,306 I know what he did. 605 00:27:42,369 --> 00:27:44,280 You know what they said he did. 606 00:27:44,337 --> 00:27:45,611 What do you know about them? 607 00:27:45,672 --> 00:27:47,151 One's dead from AIDS. 608 00:27:47,207 --> 00:27:48,345 Another's infected. 609 00:27:48,575 --> 00:27:49,747 I don't have AIDS. 610 00:27:49,810 --> 00:27:50,948 You been checked out? 611 00:27:51,011 --> 00:27:52,547 My blood's okay. 612 00:27:53,113 --> 00:27:54,251 What clinic? 613 00:27:56,783 --> 00:28:00,026 Leslie, this is important. You have to get a test. Please. 614 00:28:00,087 --> 00:28:01,498 What do you care? 615 00:28:01,555 --> 00:28:05,093 I'll take you. Sometimes it's easier if someone goes with you. 616 00:28:07,194 --> 00:28:09,834 I went to see Twist. In the Tombs. 617 00:28:12,332 --> 00:28:14,778 My mom kicked me out of the house after my dad died. 618 00:28:15,369 --> 00:28:20,682 When I met Twist, he told me he'd been waiting for me all his life. 619 00:28:22,042 --> 00:28:26,320 My mom, my dad, they never even told me they loved me. 620 00:28:26,913 --> 00:28:28,620 Leslie, how long have you known him? 621 00:28:29,783 --> 00:28:31,160 Two months. 622 00:28:32,419 --> 00:28:35,332 How do you know those girls didn't get it from someone else 623 00:28:35,388 --> 00:28:37,994 or needles and blame it on Twist? 624 00:28:38,058 --> 00:28:41,699 Because, like that girl in Central Park who was screaming at him? 625 00:28:42,095 --> 00:28:43,199 About what? 626 00:28:43,263 --> 00:28:45,869 When she saw him with his arm around me, she went crazy, 627 00:28:45,932 --> 00:28:47,036 saying she was going to get him. 628 00:28:47,100 --> 00:28:48,545 She was going to make him pay. 629 00:28:48,735 --> 00:28:49,839 Because? 630 00:28:49,903 --> 00:28:51,439 Because she was jealous. 631 00:28:52,506 --> 00:28:54,110 Maybe it was because he gave her AIDS. 632 00:28:54,341 --> 00:28:57,254 Well, she didn't say anything about that. 633 00:28:57,310 --> 00:29:01,383 She just said she was gonna make him pay. And she did, didn't she? 634 00:29:02,382 --> 00:29:03,622 You know her name? 635 00:29:03,683 --> 00:29:07,062 She has light brown hair, she's 5'5 ", 5'6." 636 00:29:10,223 --> 00:29:11,395 ROSS: How long have you been sick? 637 00:29:11,458 --> 00:29:14,337 It's just a cold. It's no big deal. 638 00:29:14,394 --> 00:29:15,771 I don't need anybody's sympathy. 639 00:29:15,829 --> 00:29:18,435 I've got enough trouble dealing with my parents. 640 00:29:18,498 --> 00:29:20,774 You sure Kenny Stark gave you HIV? 641 00:29:20,834 --> 00:29:22,336 You can prove it? Yes. 642 00:29:22,435 --> 00:29:24,472 Details? Partners? Dates? 643 00:29:24,538 --> 00:29:26,779 This is gonna be embarrassing. 644 00:29:26,840 --> 00:29:28,751 What about meeting him in the park? 645 00:29:28,809 --> 00:29:30,345 Who told you about that? 646 00:29:30,410 --> 00:29:31,445 Is there a reason to hide it? 647 00:29:31,511 --> 00:29:33,422 No. No. It's just... 648 00:29:33,480 --> 00:29:34,857 Why didn't you tell the police? 649 00:29:34,915 --> 00:29:36,451 Because it would sound like I accused him 650 00:29:36,516 --> 00:29:38,621 of giving me AIDS to get back at him. 651 00:29:38,752 --> 00:29:39,787 And did you? 652 00:29:39,853 --> 00:29:41,662 Twist gave me the disease. 653 00:29:41,955 --> 00:29:46,335 (CRYING) Then he laughed. Yeah, yeah, I want to get back at him. 654 00:29:46,393 --> 00:29:50,205 I'm never gonna get married or have kids. 655 00:29:50,997 --> 00:29:55,241 I mean, what's the point of staying in school or going to college? 656 00:30:01,708 --> 00:30:05,713 Even if we don't put Lana on the stand, Paulsen will. Thank you. 657 00:30:05,812 --> 00:30:07,883 Then she'll put Leslie on the stand. 658 00:30:07,948 --> 00:30:09,825 Why did she threaten Stark? 659 00:30:09,883 --> 00:30:12,420 Why didn't she tell anyone about meeting him in the park? 660 00:30:12,486 --> 00:30:14,261 Who else could she have gotten HIV from? 661 00:30:14,321 --> 00:30:17,495 Reasonable doubt. I've got reasonable doubt. 662 00:30:17,557 --> 00:30:19,230 Doubt the kid is telling the truth? 663 00:30:19,292 --> 00:30:22,000 Doubt that a jury will ever buy it, even if she is. 664 00:30:22,062 --> 00:30:23,939 We don't put Lana on the stand, 665 00:30:23,997 --> 00:30:27,604 the jury doesn't hear Stark's threat. We lose half our case. 666 00:30:27,667 --> 00:30:29,613 We may lose the other half. 667 00:30:29,970 --> 00:30:32,541 A motion to suppress Stark's test results. 668 00:30:32,606 --> 00:30:36,247 We can't prove he knew he had AIDS, we can't prove intent. 669 00:30:40,780 --> 00:30:42,259 PAULSEN: It's black-letter law, Your Honor. 670 00:30:42,315 --> 00:30:45,057 The doctor-patient relationship is sacrosanct. 671 00:30:45,118 --> 00:30:46,825 Your Honor, Judge Kaplan has already ruled 672 00:30:46,886 --> 00:30:48,194 that the records can be unsealed. 673 00:30:48,455 --> 00:30:50,230 I don't care what Barbara Kaplan ruled. 674 00:30:50,290 --> 00:30:51,291 Go on, Ms. Paulsen. 675 00:30:51,358 --> 00:30:55,932 Not only is that confidentiality supported by CPL 3504, 676 00:30:55,996 --> 00:30:58,806 the city's own Health Department rules specifically state 677 00:30:58,865 --> 00:31:01,709 the identity of AIDS patients must remain anonymous. 678 00:31:01,768 --> 00:31:05,511 Your Honor, this report is the only record we could possibly have 679 00:31:05,572 --> 00:31:08,644 of one of the elements of the crime, namely, intent. 680 00:31:08,708 --> 00:31:10,415 The court must put aside the fact 681 00:31:10,477 --> 00:31:12,821 that it takes the form of a medical report. 682 00:31:12,879 --> 00:31:16,827 Well, how does this differ from any other medical communication, Mr. McCoy? 683 00:31:16,883 --> 00:31:18,954 People v. Thomas, People v. Fonseca, 684 00:31:19,019 --> 00:31:21,329 People v. Gearhardt, in all those cases, 685 00:31:21,388 --> 00:31:25,359 the courts ruled that the State's right to learn if a defendant had AIDS 686 00:31:25,458 --> 00:31:26,766 outweighed his right to privacy. 687 00:31:26,826 --> 00:31:29,238 PAULSEN: Which is a basic Constitutional right. 688 00:31:29,296 --> 00:31:31,708 In those cases, the crime was never in doubt. 689 00:31:31,765 --> 00:31:36,145 In this case, you're trashing the principles this country was founded on. 690 00:31:36,236 --> 00:31:38,716 Judge, you open this door, where does it end? 691 00:31:38,772 --> 00:31:41,878 Even the Gay Men's Health Crisis group has reversed its position, 692 00:31:41,942 --> 00:31:45,151 and come out in favor of doctors reporting HIV positives 693 00:31:45,211 --> 00:31:46,485 to the State Health Department. 694 00:31:46,546 --> 00:31:49,356 I don't care what that group does. 695 00:31:49,416 --> 00:31:53,728 The Constitutional issue is not to be lightly swept aside. 696 00:31:53,787 --> 00:31:57,462 The rules of confidentiality should not have been breached. 697 00:31:57,524 --> 00:32:00,971 Therefore, the report on Mr. Stark's condition is suppressed. 698 00:32:01,027 --> 00:32:03,007 PAULSEN: Your Honor, I am moving to dismiss. 699 00:32:03,063 --> 00:32:05,737 Without evidence of intent, the charges can't be sustained. 700 00:32:05,832 --> 00:32:08,540 We still have Lana Madison's statement about Mr. Stark's threat. 701 00:32:08,601 --> 00:32:11,081 That's hearsay from a witness who could have contracted AIDS 702 00:32:11,137 --> 00:32:12,946 from any number of sexual partners. 703 00:32:13,006 --> 00:32:15,452 We have her entire sexual history. 704 00:32:15,508 --> 00:32:17,488 Unless she's forgotten someone, 705 00:32:17,544 --> 00:32:19,490 or is protecting someone, or lied. 706 00:32:19,546 --> 00:32:22,390 Quite right, Ms. Paulsen. I'm granting your motion to dismiss, 707 00:32:22,449 --> 00:32:24,053 but I'm staying the order 708 00:32:24,117 --> 00:32:26,825 until what I assume will be Mr. McCoy's 709 00:32:26,886 --> 00:32:28,923 speedy appeal to the appellate court. 710 00:32:29,256 --> 00:32:32,465 Now, you've got 48 hours to put something together, Mr. McCoy. 711 00:32:32,525 --> 00:32:33,731 (GAVEL POUNDS) 712 00:32:35,996 --> 00:32:39,910 McCoy, you're a nice guy, so I've been nice. 713 00:32:39,966 --> 00:32:43,072 Drop this case, or I'm going to roast you in the papers. 714 00:32:43,136 --> 00:32:45,377 How's Adam Schiff going to take to that? 715 00:32:49,743 --> 00:32:51,279 So, it went that well, huh? 716 00:32:51,344 --> 00:32:52,482 Yep. 717 00:32:52,545 --> 00:32:56,357 Forty-eight hours to prove Stark knew he had AIDS a year ago. 718 00:32:56,416 --> 00:32:59,420 To prove intent all over again. Make the case from scratch. 719 00:32:59,486 --> 00:33:00,863 Forget it. 720 00:33:00,920 --> 00:33:04,026 Let the 48 hours expire. Blame it on the judge. 721 00:33:04,090 --> 00:33:05,865 Is it the idea of trying to protect people 722 00:33:05,925 --> 00:33:08,235 from the consequences of casual sex that offends you? 723 00:33:08,294 --> 00:33:10,774 Oh, I see. I'm an old fuddy-duddy. 724 00:33:10,830 --> 00:33:13,902 No, Adam, I just... And I think it's politics, 725 00:33:13,967 --> 00:33:17,244 and I'm afraid the case will sink the election? 726 00:33:17,304 --> 00:33:19,511 If we had a chance, I'd tell you to go ahead, 727 00:33:19,572 --> 00:33:21,051 whatever happens. 728 00:33:21,107 --> 00:33:23,314 But we're past that now. 729 00:33:23,376 --> 00:33:24,719 Cut your losses. 730 00:33:26,579 --> 00:33:29,287 I want to talk to his parents first. Then we'll see. 731 00:33:29,349 --> 00:33:31,056 Then we'll see. 732 00:33:34,988 --> 00:33:37,400 We went to visit Kenneth in jail. 733 00:33:38,625 --> 00:33:40,866 He still won't talk to us. 734 00:33:41,528 --> 00:33:45,340 My son hasn't really been part of the family since he was 16. 735 00:33:46,566 --> 00:33:49,740 Before jail, when was the last time you spoke to him? 736 00:33:49,803 --> 00:33:52,647 Last spring. When did he come up here? 737 00:33:52,705 --> 00:33:53,979 Uh... 738 00:33:55,475 --> 00:33:58,046 April. The dogwood was out. 739 00:33:59,512 --> 00:34:00,786 Didn't even call first. 740 00:34:03,216 --> 00:34:05,890 Last spring. That's around the time he found out he had AIDS. 741 00:34:05,952 --> 00:34:08,899 Did he say anything to you about his health? 742 00:34:10,990 --> 00:34:13,732 He came to you because he was sick, didn't he? 743 00:34:14,127 --> 00:34:15,333 (CLEARS THROAT) 744 00:34:23,303 --> 00:34:25,476 Mr. and Mrs. Stark, you do understand 745 00:34:25,538 --> 00:34:28,382 that this isn't just about your son's welfare. 746 00:34:28,475 --> 00:34:30,716 But it is my son you're asking about. 747 00:34:30,777 --> 00:34:33,314 ROSS: Your son consciously infected other people. 748 00:34:33,880 --> 00:34:35,382 Just how many, we don't know. 749 00:34:35,482 --> 00:34:37,519 We're aware of what you're accusing him of. 750 00:34:37,584 --> 00:34:39,427 He has to be stopped. 751 00:34:41,087 --> 00:34:42,327 He should be off the streets. 752 00:34:42,388 --> 00:34:45,062 Don't you think we've been trying for the last few years? 753 00:34:45,124 --> 00:34:47,627 If he came to you, if he told you about his condition... 754 00:34:47,694 --> 00:34:49,935 You could use that to put him in jail. 755 00:34:49,996 --> 00:34:51,669 We've offered to make a deal. 756 00:34:51,731 --> 00:34:53,904 Isn't this something you should be talking to my lawyer, 757 00:34:53,967 --> 00:34:55,139 my son's lawyer about? 758 00:34:55,401 --> 00:34:58,405 We're willing to reduce the charges from murder to manslaughter. 759 00:34:58,471 --> 00:35:02,977 Instead of going to jail for 25 years-to-life, he goes for three-to-nine. 760 00:35:04,377 --> 00:35:06,687 Our son may be dead in three years. 761 00:35:06,746 --> 00:35:09,852 Even if Kenny did come to us when he was sick, 762 00:35:10,650 --> 00:35:13,153 do you think we would help you put him in jail? 763 00:35:13,219 --> 00:35:18,567 My son has had problems, I know that, and he's going to die. 764 00:35:19,292 --> 00:35:21,932 So will a lot of other children, if you don't help us. 765 00:35:21,995 --> 00:35:23,030 You don't know that. 766 00:35:23,096 --> 00:35:26,703 And you will be just as responsible for their deaths as he is. 767 00:35:26,766 --> 00:35:29,474 I'm going to live after my son is gone. 768 00:35:30,203 --> 00:35:32,911 I can't live knowing he died hating me. 769 00:35:34,507 --> 00:35:37,010 He'll die with us, at home. 770 00:35:39,145 --> 00:35:40,556 Not in jail. 771 00:35:42,615 --> 00:35:45,027 I checked with the Starks' insurance company. 772 00:35:45,085 --> 00:35:47,895 Mid-April, around the time he showed up at his parents' house, 773 00:35:47,987 --> 00:35:51,901 Mrs. Stark called the company to see if their son was still covered under their plan. 774 00:35:51,958 --> 00:35:53,528 There was a note in the file. 775 00:35:53,593 --> 00:35:56,597 So, the kid comes home, tells his parents he's sick. 776 00:35:56,663 --> 00:36:00,577 The HMO told Mrs. Stark that she could put her son on the policy 777 00:36:00,633 --> 00:36:02,670 by paying a premium after he's had a physical. 778 00:36:02,735 --> 00:36:06,478 Which Kenny can't take because it'll show he's HIV positive. 779 00:36:07,240 --> 00:36:09,220 The parents knew a year ago. 780 00:36:09,275 --> 00:36:11,152 But won't cooperate with us. 781 00:36:11,211 --> 00:36:12,884 Because they still want to protect him. 782 00:36:12,946 --> 00:36:16,359 Not enough to dig into their own pockets, get him treatment. 783 00:36:17,083 --> 00:36:19,461 I checked their bank accounts, stock transactions. 784 00:36:19,519 --> 00:36:22,830 There were substantial withdrawals, cash, at regular intervals. 785 00:36:22,889 --> 00:36:25,267 His parents were slipping him money to get help. 786 00:36:25,325 --> 00:36:26,531 We don't know that. 787 00:36:26,593 --> 00:36:29,506 But Stark and his lawyer don't know we don't. 788 00:36:29,696 --> 00:36:32,108 We can fold or bluff. 789 00:36:36,236 --> 00:36:38,011 We talked to your parents. 790 00:36:38,071 --> 00:36:39,880 We know they contacted their HMO 791 00:36:39,939 --> 00:36:41,282 to try to get you on their plan. 792 00:36:41,341 --> 00:36:43,651 Privileged. No jury will ever hear that. 793 00:36:43,710 --> 00:36:45,747 They made regular cash withdrawals. 794 00:36:45,812 --> 00:36:47,985 And you can't prove they've been giving it to my client. 795 00:36:48,047 --> 00:36:50,323 We know you used the money to get medical help. 796 00:36:50,383 --> 00:36:53,387 Funny thing about cash, McCoy. It all looks the same. 797 00:36:53,453 --> 00:36:55,558 JACK: You want me to charge his parents with obstruction? 798 00:36:55,622 --> 00:36:56,930 PAULSEN: What are you going to charge me with? 799 00:36:56,990 --> 00:36:58,970 Accessory after the fact? (LAUGHS) 800 00:36:59,025 --> 00:37:00,060 You're dreaming, McCoy. 801 00:37:00,126 --> 00:37:02,128 None of this will fly with the appellate court. 802 00:37:02,195 --> 00:37:04,175 I'll file again next year and the year after. 803 00:37:04,230 --> 00:37:05,971 We'll wheel him in on a gurney. 804 00:37:06,232 --> 00:37:08,769 See what the jury thinks about that. 805 00:37:11,070 --> 00:37:12,208 Conference is over. 806 00:37:16,075 --> 00:37:17,486 (SIGHS) 807 00:37:17,810 --> 00:37:20,654 We've got till the end of the day to file the appeal. 808 00:37:22,382 --> 00:37:24,885 Maybe I'll have lunch first. It's Friday. 809 00:37:25,418 --> 00:37:27,728 We might get more time by being late. 810 00:37:35,028 --> 00:37:36,939 Mr. McCoy. Ms. Ross. 811 00:37:38,097 --> 00:37:41,135 My clerk told me why you're here. Forget it. 812 00:37:41,200 --> 00:37:43,180 Your Honor, if this Stark kid gets out, 813 00:37:43,236 --> 00:37:45,409 it's like releasing Theodore Kaczynski 814 00:37:45,471 --> 00:37:47,781 and giving him a bomb and a stamp. 815 00:37:47,840 --> 00:37:49,649 I can understand your concern. 816 00:37:49,709 --> 00:37:52,383 But an expedited appeal with a full panel? 817 00:37:52,445 --> 00:37:54,118 It's 4:00, Friday. 818 00:37:54,447 --> 00:37:55,482 This is urgent. 819 00:37:55,548 --> 00:37:57,824 You know the chances of finding four of my brethren 820 00:37:57,884 --> 00:37:59,420 to take the bench at this hour? 821 00:37:59,485 --> 00:38:02,625 Judge Hoyt's stay expires today. 822 00:38:03,323 --> 00:38:06,031 Stark will be out by tomorrow morning. 823 00:38:06,092 --> 00:38:08,094 You want me to extend the stay until Monday? 824 00:38:08,161 --> 00:38:11,631 Unless you can find a full panel now to hear my appeal. 825 00:38:13,132 --> 00:38:16,670 Enjoy your weekend. I think you're going to have a rough Monday. 826 00:38:18,071 --> 00:38:20,312 Two more days. What's the next move? 827 00:38:20,373 --> 00:38:23,752 Prove Stark knew he had AIDS. Stark's girlfriend. 828 00:38:24,477 --> 00:38:27,481 Maybe he told her something about what he had. 829 00:38:29,382 --> 00:38:32,386 He'd never do anything to hurt anybody. I know that. 830 00:38:33,353 --> 00:38:34,991 But I don't know. 831 00:38:35,955 --> 00:38:39,493 From where I sit, he doesn't seem to care about anyone. 832 00:38:39,592 --> 00:38:40,662 Not even you. 833 00:38:40,727 --> 00:38:41,762 That's not true. 834 00:38:41,828 --> 00:38:44,138 I mean, he told me I had to be protected. 835 00:38:44,731 --> 00:38:46,574 What did he tell you? 836 00:38:46,632 --> 00:38:50,603 He said it wasn't about not getting pregnant, it was about... 837 00:38:51,104 --> 00:38:52,515 That he was sick. 838 00:38:53,940 --> 00:38:56,477 Did he tell you he was HIV positive? 839 00:38:57,443 --> 00:39:00,947 He said he was sick, and he didn't want me to get sick. 840 00:39:01,714 --> 00:39:05,719 I mean, he knew we had to use a condom, but I didn't want him to. 841 00:39:06,586 --> 00:39:09,192 If he was sick, whatever it was, 842 00:39:09,255 --> 00:39:10,734 well, it's like we were married. 843 00:39:10,790 --> 00:39:12,792 "Till death do us part." 844 00:39:17,897 --> 00:39:21,208 He knew he had AIDS. We can argue intent from that. 845 00:39:21,267 --> 00:39:22,678 Not on our Murder Two. 846 00:39:22,735 --> 00:39:26,114 On the woman he was about to infect when he was arrested. 847 00:39:26,172 --> 00:39:27,674 Attempted murder. 848 00:39:27,740 --> 00:39:29,083 Based on what the cops overheard? 849 00:39:29,142 --> 00:39:30,416 Mmm-hmm. 850 00:39:30,476 --> 00:39:34,481 New evidence, new charge. We're gonna give these judges a headache. 851 00:39:34,547 --> 00:39:36,584 There's a cure for headaches. 852 00:39:36,649 --> 00:39:37,753 Poor Leslie. 853 00:39:38,351 --> 00:39:41,298 She thought she was helping him by telling us how considerate Stark was. 854 00:39:41,354 --> 00:39:43,994 The only decent thing he ever did is going to sink him. 855 00:39:47,894 --> 00:39:49,805 I understand the People have dismissed 856 00:39:49,862 --> 00:39:51,273 the top count of the indictment, 857 00:39:51,330 --> 00:39:52,968 Murder in the Second Degree? 858 00:39:53,032 --> 00:39:54,511 Yes, we're proceeding with the charge 859 00:39:54,567 --> 00:39:56,444 of Attempted Murder in the Second Degree. 860 00:39:56,869 --> 00:39:58,143 All right. 861 00:39:58,204 --> 00:40:02,448 This is a complicated case, and I'll review the circumstances. 862 00:40:02,508 --> 00:40:04,886 We're well briefed on the facts. 863 00:40:05,778 --> 00:40:07,849 Isn't this really a question of whether or not 864 00:40:07,914 --> 00:40:11,885 you can establish the defendant's intent as a matter of law? 865 00:40:12,919 --> 00:40:15,195 JACK: Yes, Your Honor. And the People believe we can. 866 00:40:15,922 --> 00:40:17,230 HOW? 867 00:40:17,290 --> 00:40:21,102 JACK: Mr. Stark told his current girlfriend that he was sick, 868 00:40:21,160 --> 00:40:23,800 and needed to use a condom for her protection. 869 00:40:23,930 --> 00:40:26,308 And from that you infer intent? 870 00:40:26,799 --> 00:40:30,144 JACK: After he made that statement, he was arrested in the process 871 00:40:30,203 --> 00:40:33,047 of initiating the sexual act with another party. 872 00:40:33,239 --> 00:40:35,344 And you know what he was thinking? 873 00:40:35,408 --> 00:40:39,857 The police overheard him say to this partner that he did not use condoms. 874 00:40:40,446 --> 00:40:42,551 What were his exact words? 875 00:40:45,151 --> 00:40:49,622 "Hey, no, baby, I don't use rubbers. It's better bareback." 876 00:40:50,389 --> 00:40:54,531 Your Honor, intention can be inferred from the act. 877 00:40:54,594 --> 00:40:56,335 People v. Stokes. 878 00:40:56,395 --> 00:41:00,400 And this inference is to be drawn by the jury. 879 00:41:00,867 --> 00:41:02,938 If the defendant gets back on the street, 880 00:41:03,002 --> 00:41:07,109 in the course of his lifetime, a lifetime which may be tragically short 881 00:41:07,173 --> 00:41:11,815 or indefinitely long, how many other women might he infect? 882 00:41:12,178 --> 00:41:14,317 Two dozen? 50? 100? 883 00:41:16,315 --> 00:41:18,955 Yes, this is a difficult case. 884 00:41:19,018 --> 00:41:23,057 And, yes, it challenges the court to balance two goods. 885 00:41:24,123 --> 00:41:26,296 The right to privacy, 886 00:41:26,359 --> 00:41:28,532 and the right of people in the most intimate act 887 00:41:28,594 --> 00:41:31,131 to trust that they will be safe. The right to life. 888 00:41:31,998 --> 00:41:33,306 I am not going to pass judgment 889 00:41:33,366 --> 00:41:36,870 on whether or not the women who had intimate relations with Mr. Stark 890 00:41:36,936 --> 00:41:40,679 should have avoided them. I'm not going to blame the victim. 891 00:41:42,842 --> 00:41:45,345 But having decided, for whatever reason, 892 00:41:45,411 --> 00:41:48,255 to enter a liaison with Mr. Stark, 893 00:41:48,314 --> 00:41:51,761 those women deserve the protection that they would have 894 00:41:51,818 --> 00:41:55,561 if Mr. Stark brought to bed with him a knife or a razor or a gun. 895 00:41:57,290 --> 00:42:01,932 Mr. Stark brought to bed with him something equally dangerous. 896 00:42:02,962 --> 00:42:05,806 If the law can't protect those women, then we've all failed, 897 00:42:05,865 --> 00:42:09,244 and that's a failure that I'm not willing to concede. 898 00:42:11,504 --> 00:42:14,576 All I want is the chance to get before a jury. 899 00:42:28,721 --> 00:42:31,930 ABRAM: As Mr. McCoy said, this case is a difficult one. 900 00:42:33,025 --> 00:42:34,402 Difficult, first of all, 901 00:42:34,460 --> 00:42:38,169 because it will affect people's attitudes and behavior. 902 00:42:38,231 --> 00:42:40,677 Some consequences we can predict. 903 00:42:40,733 --> 00:42:41,871 Others we can't. 904 00:42:42,802 --> 00:42:44,509 People may use what we say here 905 00:42:44,570 --> 00:42:47,414 to support the rankest kind of bias. 906 00:42:47,974 --> 00:42:49,783 They may use what we say to excuse 907 00:42:49,842 --> 00:42:52,220 the most licentious kind of conduct. 908 00:42:53,546 --> 00:42:55,048 It is difficult, second of all, 909 00:42:55,114 --> 00:42:58,823 because the issues before us couldn't be more serious, 910 00:42:59,151 --> 00:43:02,132 touching on the very Constitutional principles 911 00:43:02,188 --> 00:43:03,826 that framed our country. 912 00:43:03,890 --> 00:43:07,360 However, this difficulty does not absolve us from passing judgment. 913 00:43:07,426 --> 00:43:09,906 In fact, because it is difficult, 914 00:43:09,962 --> 00:43:12,169 we must pass judgment with prudence 915 00:43:12,231 --> 00:43:15,735 so that we neither follow nor lead society. 916 00:43:16,869 --> 00:43:20,078 And though the case is a complex one, our job is simple. 917 00:43:20,139 --> 00:43:23,450 To apply the law, fairly and reasonably. 918 00:43:24,610 --> 00:43:27,716 Weighing the rights of the individual versus the common good, 919 00:43:27,780 --> 00:43:30,420 we were obliged to rule in a way 920 00:43:30,483 --> 00:43:34,625 that protects the benefit of the many over the interest of the few. 921 00:43:35,254 --> 00:43:39,168 The People have met their burden. The order below is set aside. 922 00:43:46,966 --> 00:43:49,674 Congratulations. You got your reversal. 923 00:43:51,837 --> 00:43:55,546 I'll feel better when your client's out of circulation for the rest of his life. 924 00:43:55,608 --> 00:43:57,884 I don't know how long that's going to be. 925 00:43:57,944 --> 00:44:02,051 Mr. Stark was admitted to the hospital last night with a temperature of 103. 926 00:44:02,114 --> 00:44:04,492 Pneumocystis carinii pneumonia. 927 00:44:05,651 --> 00:44:06,755 (SIGHS) 928 00:44:06,952 --> 00:44:08,226 What's your offer? 929 00:44:09,055 --> 00:44:11,296 Same as before. Three-to-nine. 930 00:44:12,491 --> 00:44:14,630 We'll support any effort to get him into Bedford. 931 00:44:14,994 --> 00:44:16,701 They have good medical facilities there. 932 00:44:16,762 --> 00:44:18,036 (SIGHS) 933 00:44:18,097 --> 00:44:20,577 All right. You got a deal. 934 00:44:26,639 --> 00:44:29,051 I talked to Stark's parents. Kenny's in bad shape. 935 00:44:29,108 --> 00:44:31,110 He's got a week, maybe two. 936 00:44:31,177 --> 00:44:32,212 Lana Madison? 937 00:44:32,278 --> 00:44:34,724 So far, so good. Leslie tested negative. 938 00:44:36,916 --> 00:44:38,691 You're really keeping track. 939 00:44:38,751 --> 00:44:40,128 Yeah. 940 00:44:40,586 --> 00:44:42,259 On this one, yeah.