1 00:00:01,101 --> 00:00:02,842 NARRATOR: In the criminal justice system 2 00:00:02,903 --> 00:00:06,817 the people are represented by two separate yet equally important groups, 3 00:00:06,874 --> 00:00:08,683 the police who investigate crime 4 00:00:08,742 --> 00:00:11,552 and the district attorneys who prosecute the offenders. 5 00:00:11,612 --> 00:00:13,387 These are their stories. 6 00:00:13,847 --> 00:00:16,020 My baby, I can't wake him. He's not breathing. 7 00:00:16,083 --> 00:00:17,084 Was he choking? I don't know. 8 00:00:17,151 --> 00:00:19,290 I came to change his diaper, and he wouldn't wake up. 9 00:00:19,353 --> 00:00:20,559 ANDERSON: This kid wears diapers? 10 00:00:20,621 --> 00:00:22,123 He's a quadriplegic. Help him! 11 00:00:22,189 --> 00:00:23,190 Get an airway. CARSON: Right. 12 00:00:23,257 --> 00:00:24,827 Can I get a hand with the O2? CARSON: Got it. 13 00:00:27,995 --> 00:00:29,565 Here we go. Pupils fixed. 14 00:00:29,630 --> 00:00:31,337 You got a... No, nothing. 15 00:00:31,899 --> 00:00:34,505 This kid's blue. Temp is way down. 16 00:00:35,169 --> 00:00:36,341 Mom, what's wrong with Mikey? 17 00:00:36,403 --> 00:00:37,746 I don't know, honey. 18 00:00:37,805 --> 00:00:39,148 This kid's gone. Still nothing. 19 00:00:39,206 --> 00:00:40,241 You're not giving up! 20 00:00:40,307 --> 00:00:41,547 We're not stopping. 21 00:00:41,608 --> 00:00:42,916 Three, four, five. 22 00:00:42,976 --> 00:00:44,683 There's something wrong here. 23 00:00:44,745 --> 00:00:46,190 I think you need to call Homicide. 24 00:00:46,246 --> 00:00:47,623 Increasing the rate. 25 00:00:51,885 --> 00:00:53,057 Are you guys the detectives? 26 00:00:53,120 --> 00:00:54,224 We're undercover. 27 00:00:54,756 --> 00:00:56,736 Special jaywalking duty on 14th Street. 28 00:00:56,791 --> 00:00:59,294 He's got writer's cramp. Must've given out 20 tickets. 29 00:00:59,360 --> 00:01:00,361 What's this about? 30 00:01:00,428 --> 00:01:04,069 Michael Sutter, 12. His mother says he was paralyzed from the neck down. 31 00:01:04,132 --> 00:01:07,375 She's the one that called 911 at 5:17. 32 00:01:07,435 --> 00:01:09,108 The paramedics pronounced him dead. 33 00:01:09,971 --> 00:01:12,110 So a sick kid dies. Why call us? 34 00:01:12,807 --> 00:01:14,684 Ask him. HOWE: Check his lips. 35 00:01:15,143 --> 00:01:16,383 Blue tint. 36 00:01:16,444 --> 00:01:20,051 Cyanosis. Kid's got micro-hemorrhaging in both eyes. 37 00:01:20,482 --> 00:01:22,325 Suffocated? Looks that way. 38 00:01:22,417 --> 00:01:23,418 LOIS: No, you're wrong. 39 00:01:23,485 --> 00:01:26,625 You must be wrong. Nobody could have done that. 40 00:01:26,688 --> 00:01:29,191 I was alone with him all afternoon. 41 00:01:29,257 --> 00:01:32,067 Why don't you take Mrs. Sutter and her daughter to the living room? 42 00:01:35,330 --> 00:01:37,241 Did I just hear a confession? 43 00:02:27,982 --> 00:02:31,623 Michael used to be all straight As. Played soccer. 44 00:02:32,487 --> 00:02:35,331 But then Dad took him skiing two years ago. 45 00:02:35,390 --> 00:02:37,597 They were driving back, and hit some ice. 46 00:02:38,293 --> 00:02:41,206 There was only one airbag. Dad's. 47 00:02:41,963 --> 00:02:44,877 Was anybody else here when your mother found Michael? 48 00:02:44,934 --> 00:02:47,642 Just Mom. We don't get a lot of company. 49 00:02:47,937 --> 00:02:49,348 What about your dad? 50 00:02:49,405 --> 00:02:51,544 He was working. On Long Island. 51 00:02:52,174 --> 00:02:54,211 He's a landscape engineer. 52 00:02:54,276 --> 00:02:56,222 And where were you this afternoon? 53 00:02:58,614 --> 00:03:03,290 After school, I hung out with some friends, 54 00:03:03,986 --> 00:03:06,796 and then I had to pick up some groceries. 55 00:03:07,456 --> 00:03:10,903 Then I came home, and... 56 00:03:12,194 --> 00:03:13,696 And he was... 57 00:03:13,762 --> 00:03:16,368 Michael's care is your mother's responsibility? 58 00:03:16,865 --> 00:03:20,278 The insurance stopped covering the health care worker, 59 00:03:20,336 --> 00:03:22,782 so Mom had to quit her counseling job. 60 00:03:22,838 --> 00:03:24,909 Your mom get along with Michael? 61 00:03:24,974 --> 00:03:27,580 Nobody gets along with Michael. 62 00:03:27,943 --> 00:03:30,082 His brain was like a baby's. 63 00:03:32,314 --> 00:03:34,555 We were at the hospital today. 64 00:03:35,551 --> 00:03:38,293 Every Tuesday he goes for dialysis. 65 00:03:40,155 --> 00:03:42,658 We came home around 3:00. 66 00:03:44,393 --> 00:03:47,533 He fell asleep on the way back in the van. 67 00:03:48,597 --> 00:03:52,340 And from 3:00 until you found him, did you check in on him? 68 00:03:54,637 --> 00:03:58,710 Do you do this kind of questioning after every family tragedy? 69 00:03:59,441 --> 00:04:01,079 Only when we need answers. 70 00:04:01,143 --> 00:04:03,783 So you never went out for coffee or anything? 71 00:04:04,613 --> 00:04:06,286 I went to pick up the paper. 72 00:04:06,348 --> 00:04:08,328 I wasn't gone more than five minutes. 73 00:04:08,384 --> 00:04:09,624 And nobody dropped by? 74 00:04:09,685 --> 00:04:10,891 Nobody. 75 00:04:12,087 --> 00:04:14,533 You take care of your son by yourself. You gave up your career? 76 00:04:15,291 --> 00:04:16,702 It was no sacrifice. 77 00:04:16,759 --> 00:04:19,467 You were holed up with your kid for two years. 78 00:04:19,528 --> 00:04:21,064 You couldn't have been too happy about it. 79 00:04:21,297 --> 00:04:23,072 What are you saying? 80 00:04:23,799 --> 00:04:25,403 You think I killed him? 81 00:04:27,303 --> 00:04:29,146 Michael was my son. 82 00:04:30,406 --> 00:04:32,648 He was a sick little boy. 83 00:04:33,176 --> 00:04:36,680 He just died. God just took my boy away! 84 00:04:40,183 --> 00:04:41,491 Kid was a quadriplegic. 85 00:04:41,551 --> 00:04:43,053 Could he have just stopped breathing? 86 00:04:43,119 --> 00:04:45,463 The M.E. says that if somebody hadn't suffocated him, 87 00:04:45,522 --> 00:04:47,524 he would've kept on breathing for another 60 years. 88 00:04:47,590 --> 00:04:50,571 And there were no marks? No abrasions around his mouth or nose? 89 00:04:50,627 --> 00:04:53,403 No. It wouldn't have taken much pressure. Probably a pillow. 90 00:04:53,463 --> 00:04:58,105 M.E.'s preliminary report sets the time of death around 3:30, 4:00. 91 00:04:58,168 --> 00:05:01,115 Well, the call to 911 came in at 5:17. 92 00:05:01,171 --> 00:05:03,117 That gives Mom plenty of time to clean up. 93 00:05:03,173 --> 00:05:04,413 So the mother might have tampered 94 00:05:04,474 --> 00:05:06,283 with evidence that might have existed. 95 00:05:06,343 --> 00:05:08,653 Unless somebody came in while she was out getting the paper, 96 00:05:08,712 --> 00:05:10,453 and did her the favor of killing the kid. 97 00:05:10,513 --> 00:05:13,858 Well, so far, she's the only one with the boy all afternoon. 98 00:05:13,917 --> 00:05:16,955 Did he get any kind of insurance settlement? Maybe in trust? 99 00:05:17,020 --> 00:05:19,330 Single car accident. Nobody to sue. 100 00:05:19,389 --> 00:05:22,268 The insurance covers most of the medical bills, but that's it. 101 00:05:22,325 --> 00:05:23,326 What's the daughter think? 102 00:05:23,593 --> 00:05:25,231 That Mom's not a happy camper. 103 00:05:25,595 --> 00:05:26,835 See if Mr. Sutter agrees. 104 00:05:28,131 --> 00:05:31,408 And, guys, about this jaywalking assignment, 105 00:05:31,468 --> 00:05:32,572 it came from the top. 106 00:05:32,635 --> 00:05:34,808 It's all about my lawsuit. I'm sorry. 107 00:05:37,974 --> 00:05:41,285 It's not natural, picking out a casket for your son. 108 00:05:41,745 --> 00:05:45,022 Salesman starts telling me about mahogany and hardware, 109 00:05:45,081 --> 00:05:47,891 like I'm comparison shopping or something. 110 00:05:47,951 --> 00:05:49,589 We appreciate how hard this is for you. 111 00:05:49,652 --> 00:05:50,687 (SIGHS) 112 00:05:50,754 --> 00:05:52,358 Mrs. Sutter, she was the one 113 00:05:52,422 --> 00:05:53,992 who usually took care of Michael? 114 00:05:54,057 --> 00:05:56,628 Well, I did what I could on the weekends. 115 00:05:56,693 --> 00:05:59,765 Was your wife resentful about being stuck at home? 116 00:06:01,131 --> 00:06:03,611 You know, Lois warned me about you guys. 117 00:06:04,234 --> 00:06:07,113 Look, if she were happy about it, she'd be a fool. 118 00:06:07,170 --> 00:06:08,843 She quit being a social worker, 119 00:06:08,905 --> 00:06:10,316 I quit going for overtime, 120 00:06:10,373 --> 00:06:13,980 which has made us practically broke, as I'm sure you know by now. 121 00:06:14,044 --> 00:06:15,819 Mr. Sutter, we're trying to be fair. 122 00:06:15,879 --> 00:06:18,553 But your wife was home, and your son was murdered. 123 00:06:18,615 --> 00:06:19,753 I don't believe that. 124 00:06:19,816 --> 00:06:21,922 Well, can you think of anyone else who would want to hurt Michael? 125 00:06:21,986 --> 00:06:24,227 Nobody wanted to hurt Michael. 126 00:06:24,522 --> 00:06:27,799 I mean, maybe somebody broke in when Lois stepped out. 127 00:06:27,858 --> 00:06:29,030 Tried to rob the place. 128 00:06:29,093 --> 00:06:30,197 There was no sign of that. 129 00:06:30,261 --> 00:06:32,400 I mean, you didn't find anything missing, right? 130 00:06:32,463 --> 00:06:35,307 Anyone outside of your family have a key to your apartment? 131 00:06:35,366 --> 00:06:36,777 There's our neighbors, the Hodges. 132 00:06:36,834 --> 00:06:40,680 I think they still have a key. But they didn't kill Michael, either. 133 00:06:41,772 --> 00:06:43,183 He was a nice boy. 134 00:06:43,874 --> 00:06:47,321 You know, Joe blamed himself for what happened, driving so fast. 135 00:06:47,812 --> 00:06:49,689 Next drawer over. 136 00:06:49,847 --> 00:06:51,485 Joe saved the boy's life. 137 00:06:51,849 --> 00:06:54,090 Gave him CPR for half an hour. 138 00:06:54,151 --> 00:06:55,858 Could the key be missing? 139 00:06:55,920 --> 00:06:58,230 No, no, no. It's in here someplace. 140 00:07:00,357 --> 00:07:02,667 Did you see any of the Sutters Tuesday afternoon? 141 00:07:02,726 --> 00:07:05,172 I said hi when Lois brought Michael home from the hospital. 142 00:07:05,229 --> 00:07:06,640 I was on my way out. 143 00:07:06,697 --> 00:07:09,974 Tuesdays it's ceramics, and today it was art class. 144 00:07:10,034 --> 00:07:12,913 I tried to encourage Lois to do that. 145 00:07:13,437 --> 00:07:16,281 Bridge, book club, something. 146 00:07:16,807 --> 00:07:19,811 I know she started going to a dance studio right around the corner. 147 00:07:20,411 --> 00:07:23,881 She needs to get out. No one should have such tsuris. 148 00:07:24,315 --> 00:07:25,817 Here it is. 149 00:07:26,283 --> 00:07:28,923 She was pretty bitter, huh? Alone with Michael all day? 150 00:07:29,620 --> 00:07:30,724 She seemed happier lately. 151 00:07:30,788 --> 00:07:33,826 That's the makeup. She started painting her face again. 152 00:07:33,891 --> 00:07:36,303 Can't change the inside, you change the outside. 153 00:07:38,929 --> 00:07:41,239 (SLOW INSTRUMENTAL MUSIC PLAYING) 154 00:07:41,298 --> 00:07:43,539 Would you two like to be fixed up with partners? 155 00:07:43,601 --> 00:07:47,139 No, we're together. You have a student named Lois Sutter? 156 00:07:48,072 --> 00:07:51,815 Lois? Yes. Yes. She comes every Friday afternoon. 157 00:07:51,876 --> 00:07:53,150 How long she been coming here? 158 00:07:53,210 --> 00:07:54,985 About three months now. 159 00:07:55,045 --> 00:07:56,956 Quite talented. She's moved up to intermediate. 160 00:07:57,014 --> 00:07:59,494 I mean, really, she's a natural at salsa and tango. 161 00:07:59,550 --> 00:08:01,587 Any particular student she's friendly with? 162 00:08:01,652 --> 00:08:03,962 I couldn't say. I teach beginners. 163 00:08:04,388 --> 00:08:08,029 Mr. Gilbert teaches the Latin steps, but he's off today. 164 00:08:08,092 --> 00:08:09,196 I'm sure he'd know. 165 00:08:09,260 --> 00:08:10,797 He sometimes shares a cab with her. 166 00:08:11,663 --> 00:08:14,473 Excuse me. Something I really have to put a stop to. 167 00:08:15,200 --> 00:08:17,612 She shares a taxi for a half-a-block ride? 168 00:08:17,669 --> 00:08:20,377 I'm guessing Gilbert's bedroom's a little further away. 169 00:08:21,506 --> 00:08:24,112 (MUSIC PLAYING) Who I share a taxi with is none of your business. 170 00:08:24,176 --> 00:08:26,486 And I haven't done anything improper with any of my students. 171 00:08:26,545 --> 00:08:29,185 Maybe we should get them all together for a teacher evaluation. 172 00:08:29,247 --> 00:08:30,954 Yeah, women are a little harder to charm 173 00:08:31,016 --> 00:08:33,360 when they find out they're number 12 in the conga line. 174 00:08:33,418 --> 00:08:35,728 I teach dance. It's sensual. 175 00:08:35,787 --> 00:08:37,289 It's only natural that bonds would form. (MUSIC STOPS) 176 00:08:37,656 --> 00:08:38,896 With Lois Sutter? 177 00:08:39,357 --> 00:08:42,600 Mr. Gilbert, we're not the press corps, and you're not the President. 178 00:08:42,661 --> 00:08:43,901 We need an honest answer. 179 00:08:43,962 --> 00:08:46,704 It's not what you think. We've grown very close. 180 00:08:47,065 --> 00:08:49,102 Close enough she'd share confidences about her family? 181 00:08:49,167 --> 00:08:51,477 Yes. I'd say her husband doesn't understand her, 182 00:08:51,536 --> 00:08:53,174 but Lois's husband doesn't even know her. 183 00:08:53,238 --> 00:08:54,842 CURTIS: What about her son? She talk about him, too? 184 00:08:54,906 --> 00:08:56,442 Husband, son, her daughter. 185 00:08:56,508 --> 00:08:57,714 She wanted out of that situation. 186 00:08:58,310 --> 00:08:59,448 She told you that? 187 00:08:59,511 --> 00:09:02,924 Foreplay generally consisted of letting her vent for half an hour. 188 00:09:02,981 --> 00:09:04,892 When she was here on Tuesday, it was the same drill. 189 00:09:04,950 --> 00:09:06,987 This Tuesday? What time? 190 00:09:07,052 --> 00:09:09,760 She came by mid-afternoon, around 3:30. 191 00:09:10,555 --> 00:09:11,590 She left at 4:40. 192 00:09:12,057 --> 00:09:13,661 You seem pretty sure about the time. 193 00:09:14,025 --> 00:09:15,732 Well, she looked at her watch. She said she had to go. 194 00:09:15,794 --> 00:09:17,171 Anybody see you two together? 195 00:09:17,229 --> 00:09:19,209 Well, the whole point was not to be seen. 196 00:09:19,264 --> 00:09:20,572 She checked her watch, huh? 197 00:09:20,832 --> 00:09:22,743 Guess you couldn't have been all that good. 198 00:09:25,537 --> 00:09:26,538 LOIS: Please don't tell my husband. 199 00:09:27,105 --> 00:09:28,914 It'll just kill him. 200 00:09:28,974 --> 00:09:30,214 Tell him what? 201 00:09:30,275 --> 00:09:32,721 About Gilbert, or that you killed your son? 202 00:09:32,777 --> 00:09:34,779 I did not kill Michael. 203 00:09:34,846 --> 00:09:38,191 No, you were too busy doing the horizontal cha-cha. 204 00:09:38,583 --> 00:09:39,584 Yes. 205 00:09:39,651 --> 00:09:42,655 It's a nice alibi, but we're not buying it. 206 00:09:42,954 --> 00:09:45,298 You wanted out of your marriage. No. 207 00:09:45,357 --> 00:09:49,134 You couldn't stand sleeping next to a guy who'd turned your son into a potted plant. 208 00:09:49,628 --> 00:09:51,039 As long as Michael was still alive, 209 00:09:51,096 --> 00:09:52,473 you didn't have the guts to walk out. 210 00:09:52,530 --> 00:09:54,874 No. No, please. 211 00:09:54,933 --> 00:09:57,675 How'd you do it? With a pillow? A blanket? 212 00:09:58,169 --> 00:09:59,911 Michael just died. 213 00:10:00,806 --> 00:10:03,787 Here's the Medical Examiner's report. Read what it says right here. 214 00:10:03,843 --> 00:10:06,084 "Hemorrhaging in his eyes, cyanosis," 215 00:10:06,145 --> 00:10:08,455 "depleted oxygen in his blood stream." 216 00:10:08,648 --> 00:10:10,525 You know what that means? 217 00:10:10,583 --> 00:10:11,891 That can't be Michael. 218 00:10:12,218 --> 00:10:13,993 "Michael B. Sutter." That's your son. 219 00:10:14,053 --> 00:10:16,124 "Death by manual asphyxiation." 220 00:10:17,490 --> 00:10:19,163 No, it can't be. 221 00:10:20,293 --> 00:10:21,465 That's impossible. 222 00:10:21,527 --> 00:10:23,564 It's right there in black and white. 223 00:10:24,096 --> 00:10:26,076 She couldn't have. Who? 224 00:10:28,868 --> 00:10:30,609 I can't believe she'd hurt him. 225 00:10:30,870 --> 00:10:31,905 Who'd hurt him? 226 00:10:31,971 --> 00:10:33,644 I left him with Stephanie. 227 00:10:33,706 --> 00:10:35,014 Your daughter? 228 00:10:35,341 --> 00:10:36,684 (SOBBING) Oh, God. 229 00:10:40,880 --> 00:10:42,621 I don't care what you say, I wasn't home, 230 00:10:42,682 --> 00:10:44,127 and Mom was watching Michael. 231 00:10:44,183 --> 00:10:47,062 Your mother spent the afternoon with her boyfriend. 232 00:10:47,119 --> 00:10:49,224 Now, we don't know what she told you she was doing, 233 00:10:49,288 --> 00:10:52,565 but she told us that you were at home covering for her. 234 00:10:52,625 --> 00:10:54,298 You killed your brother. 235 00:10:54,360 --> 00:10:56,306 She... She said that? 236 00:10:57,496 --> 00:10:59,601 Why'd you do it, Stephanie? 237 00:10:59,665 --> 00:11:02,168 Were you jealous of all the attention he got? All the trouble he caused? 238 00:11:03,069 --> 00:11:04,446 No. Come on. 239 00:11:04,904 --> 00:11:07,043 The whole family was falling apart because of him. 240 00:11:09,408 --> 00:11:10,819 Okay, take it easy, take it easy. 241 00:11:10,876 --> 00:11:13,482 You're a minor, your family has big problems. 242 00:11:13,546 --> 00:11:15,321 The judge is gonna be sympathetic. 243 00:11:15,381 --> 00:11:16,485 You just have to tell us what happened. 244 00:11:16,549 --> 00:11:17,994 I mean, your brother was barely living anyway, right? 245 00:11:19,819 --> 00:11:24,290 I wasn't there. I was with Kara from my bio class. 246 00:11:24,557 --> 00:11:26,764 Your mom's a better liar than you are, Stephanie. 247 00:11:27,259 --> 00:11:28,397 It's the truth. 248 00:11:28,461 --> 00:11:31,203 My mom was always sticking me with him. 249 00:11:31,564 --> 00:11:33,475 I mean, all he ever did was lie in bed. 250 00:11:33,733 --> 00:11:36,509 And all he ever cared about was watching TV, eating, 251 00:11:36,569 --> 00:11:38,105 and crapping his pants. 252 00:11:38,971 --> 00:11:40,848 So as soon as my mom left, 253 00:11:42,675 --> 00:11:44,177 I ditched him. 254 00:11:44,744 --> 00:11:48,693 I'm sorry. I just couldn't stand to be with him anymore. 255 00:11:50,784 --> 00:11:53,196 KARA: Hooked up with Stephanie around a quarter after 3:00. 256 00:11:53,253 --> 00:11:54,459 Where'd you go? 257 00:11:54,521 --> 00:11:56,501 The Asteroid Palace, down on Broadway. 258 00:11:56,590 --> 00:11:57,762 We played video games. 259 00:11:57,824 --> 00:11:59,064 How long were you there? 260 00:11:59,126 --> 00:12:01,163 I don't know, about an hour. 261 00:12:01,228 --> 00:12:03,208 She have anything to say about her brother? 262 00:12:03,263 --> 00:12:06,540 Steph's always got something to say about the vegetable. 263 00:12:06,600 --> 00:12:08,011 That's what she called him. 264 00:12:08,068 --> 00:12:09,342 He's a pain in the ass. 265 00:12:09,403 --> 00:12:11,474 Why? She used to trip over him? 266 00:12:11,538 --> 00:12:13,984 Steph and I were gonna go away to college together. 267 00:12:14,041 --> 00:12:15,884 Not anymore. No money. 268 00:12:16,109 --> 00:12:18,146 Stephanie was pretty angry about that, huh? 269 00:12:18,211 --> 00:12:20,191 Look, Stephanie's not a bad person. 270 00:12:20,247 --> 00:12:22,193 Just nothing ever seems to go her way. 271 00:12:22,983 --> 00:12:24,985 What was her mood Tuesday afternoon? 272 00:12:25,051 --> 00:12:27,031 I don't know. She was fine. 273 00:12:27,087 --> 00:12:30,227 She seem nervous? Distracted? 274 00:12:30,791 --> 00:12:32,566 Yeah, she was distracted by one 275 00:12:32,626 --> 00:12:34,628 of those guys that gives you the quarters. 276 00:12:34,694 --> 00:12:36,731 I think he was hot for me, though. 277 00:12:38,565 --> 00:12:41,307 Couple of the arcade workers confirm the girl was there. 278 00:12:41,368 --> 00:12:42,506 Yeah, and in high spirits. 279 00:12:42,569 --> 00:12:44,674 Her brother's dead, all her problems are solved. 280 00:12:44,738 --> 00:12:47,218 That's pretty cold-blooded. Is that the kind of girl she is? 281 00:12:47,274 --> 00:12:48,878 I didn't see a lot of ice in her veins. 282 00:12:48,942 --> 00:12:52,014 She walked out on her brother. She's cut from the same iceberg as her mother. 283 00:12:52,078 --> 00:12:54,285 So the boy was alone from 3:00 to 5:00, 284 00:12:54,347 --> 00:12:56,258 which is when he got murdered. 285 00:12:56,783 --> 00:12:59,889 Go back to the M.E. Nail down the time of death. 286 00:13:02,122 --> 00:13:04,659 Forget the time he actually died. 287 00:13:04,724 --> 00:13:06,294 He was poisoned two hours before that. 288 00:13:06,359 --> 00:13:07,531 Poison? 289 00:13:07,594 --> 00:13:10,473 When you called, I had the lab pull out all the stops. 290 00:13:10,530 --> 00:13:13,136 Kid's tox screens spiked for nicotine. 291 00:13:13,200 --> 00:13:14,941 I knew he was a 12-year-old quadriplegic, 292 00:13:15,001 --> 00:13:16,674 so I figured he wasn't a smoker. 293 00:13:16,736 --> 00:13:18,716 Unless somebody was holding the cigarette for him. 294 00:13:18,772 --> 00:13:20,774 I checked the intestinal contents. 295 00:13:20,841 --> 00:13:25,847 What we thought were carrots tested positive for coniine. Hemlock root. 296 00:13:25,912 --> 00:13:28,722 Poison hemlock? Isn't that what Socrates died from? 297 00:13:28,782 --> 00:13:30,557 Forensics says the stuff grows wild. 298 00:13:30,617 --> 00:13:32,688 Not just in ancient Greece. 299 00:13:32,752 --> 00:13:35,232 Paralyzes the muscles, and finally the lungs. 300 00:13:35,589 --> 00:13:37,661 Already paralyzed, nobody'd notice he was dying. 301 00:13:37,725 --> 00:13:40,467 Nobody'd notice because no one was watching him. 302 00:13:40,528 --> 00:13:43,065 The kid had lunch at the hospital with his mother. 303 00:13:43,130 --> 00:13:44,131 Thanks. 304 00:13:47,368 --> 00:13:48,938 SEMENKO: Michael Sutter came in at 9:30 305 00:13:49,203 --> 00:13:50,807 and was discharged at 2:15. 306 00:13:50,872 --> 00:13:52,146 He was in this room. 307 00:13:52,740 --> 00:13:54,617 It's okay, you don't have to get up. 308 00:13:54,675 --> 00:13:56,120 So you talked to Mrs. Sutter? 309 00:13:56,177 --> 00:13:57,554 Yes, about Michael. 310 00:13:57,845 --> 00:14:01,088 Unfortunately, nothing had changed since the accident. 311 00:14:01,149 --> 00:14:04,153 Mr. Blake, you're not feeling too dizzy this afternoon? 312 00:14:04,886 --> 00:14:05,990 Good. 313 00:14:07,121 --> 00:14:08,828 Michael was a real trouper. 314 00:14:08,890 --> 00:14:11,700 The kind of damage he suffered is terribly tragic. 315 00:14:11,759 --> 00:14:14,433 More than Mrs. Sutter could deal with? 316 00:14:15,396 --> 00:14:18,639 You can't imagine the pressure this puts on a family. 317 00:14:18,699 --> 00:14:22,146 If Mrs. Sutter did do something to help end her son's pain, 318 00:14:22,203 --> 00:14:24,547 nobody can fault her for feeling the way she did. 319 00:14:24,605 --> 00:14:26,516 Did she fix his lunch? 320 00:14:26,574 --> 00:14:28,781 Michael was supposed to have a hospital lunch. Why? 321 00:14:28,843 --> 00:14:30,413 The meal may have been tampered with. 322 00:14:30,478 --> 00:14:33,357 Anyone other than Mrs. Sutter have access to it? 323 00:14:33,414 --> 00:14:37,123 That I don't know. I wasn't in the hospital at lunchtime. 324 00:14:37,184 --> 00:14:40,461 Oh. Here we go. Michael had his usual meal at 1:00. 325 00:14:40,521 --> 00:14:42,967 One of the candy stripers would've delivered it. 326 00:14:43,391 --> 00:14:46,804 My school's vocational program lets me work here two days a week. 327 00:14:46,861 --> 00:14:48,272 I hope I'm not in any trouble. 328 00:14:48,329 --> 00:14:49,831 No, no trouble, Martha. 329 00:14:49,897 --> 00:14:53,242 Did you keep an eye on your food cart last Tuesday? 330 00:14:53,601 --> 00:14:54,739 I don't watch it all the time, 331 00:14:54,802 --> 00:14:57,282 but I just leave it alone in the corridor 332 00:14:57,338 --> 00:14:59,443 for a sec when I'm in the patient's room. 333 00:14:59,507 --> 00:15:02,317 Do you remember bringing a food tray to Michael Sutter? 334 00:15:02,376 --> 00:15:04,947 Michael? Sure. Nice family. 335 00:15:05,379 --> 00:15:07,222 Who'd you hand the tray to? 336 00:15:07,281 --> 00:15:08,589 I don't remember. 337 00:15:08,916 --> 00:15:10,987 I might have just put it on his bed table. 338 00:15:11,052 --> 00:15:13,658 Did you happen to notice if his mother did anything to his food? 339 00:15:13,721 --> 00:15:15,962 No, I don't remember seeing her. 340 00:15:16,023 --> 00:15:17,229 Okay. Thanks, Martha. 341 00:15:17,291 --> 00:15:18,326 CURTIS: Any visitors? 342 00:15:18,392 --> 00:15:19,735 NICHOLLS: I don't know. People come, people go. 343 00:15:19,794 --> 00:15:20,932 I don't much notice. 344 00:15:20,995 --> 00:15:22,065 What about the food cart? 345 00:15:22,129 --> 00:15:23,472 You notice anybody messing with it? 346 00:15:23,531 --> 00:15:25,841 Nobody. That I'd notice. Excuse me. (PHONE RINGING) 347 00:15:29,371 --> 00:15:31,851 The girl doesn't remember seeing Mrs. Sutter near the food. 348 00:15:31,907 --> 00:15:33,386 Well, somebody had to feed the kid. 349 00:15:33,442 --> 00:15:35,183 And somebody had to see them do it. 350 00:15:35,243 --> 00:15:37,484 There are two beds in the room. 351 00:15:38,380 --> 00:15:41,418 I've had too many difficult days lately. 352 00:15:41,483 --> 00:15:44,930 Dialysis once a week for two years. 353 00:15:45,621 --> 00:15:47,464 Just like the Sutter boy. 354 00:15:47,522 --> 00:15:49,559 Last Tuesday, he was in your room 355 00:15:49,625 --> 00:15:52,265 at Hudson Terrace, the next bed. 356 00:15:52,761 --> 00:15:54,331 Plays his TV too loud. 357 00:15:54,396 --> 00:15:56,376 You recall you both ate lunch in your room that day? 358 00:15:56,431 --> 00:16:00,573 I certainly do. Meatloaf. Too dry. 359 00:16:01,336 --> 00:16:03,407 I hate dietetic pudding. 360 00:16:04,639 --> 00:16:07,916 You know, Michael can't even wipe his own chin. 361 00:16:07,976 --> 00:16:09,546 On Tuesday, you remember seeing 362 00:16:09,611 --> 00:16:11,284 Michael's mother feed him his lunch? 363 00:16:11,346 --> 00:16:12,723 No, I don't. 364 00:16:14,049 --> 00:16:15,790 His father fed him. 365 00:16:16,351 --> 00:16:18,831 He cared enough to bring something 366 00:16:18,887 --> 00:16:21,527 with a little taste to put on the food. 367 00:16:21,990 --> 00:16:23,697 Lord knows, it needs it. 368 00:16:24,426 --> 00:16:27,168 The stuff he put on the food, what did it look like? 369 00:16:27,763 --> 00:16:31,438 I couldn't really see it. He said it was cinnamon. 370 00:16:35,604 --> 00:16:37,481 CASHMAN: Hemlock? What's that got to do with Joe Sutter? 371 00:16:38,273 --> 00:16:39,581 Well, it grows wild. 372 00:16:39,641 --> 00:16:41,086 You're in the landscape business. 373 00:16:41,143 --> 00:16:42,144 He works for you. 374 00:16:42,210 --> 00:16:43,280 Yeah, for nine years. 375 00:16:43,345 --> 00:16:44,722 Helped turn my business around. 376 00:16:44,780 --> 00:16:46,123 Nobody worked harder than Joe. 377 00:16:46,181 --> 00:16:48,024 Worked? When did he stop working hard? 378 00:16:48,083 --> 00:16:51,030 His kid's condition made it impossible for him to pull a full week. 379 00:16:51,086 --> 00:16:52,759 He resent that? 380 00:16:52,821 --> 00:16:53,959 I resented that. 381 00:16:54,790 --> 00:16:57,236 (SIGHS) When I heard the kid died, 382 00:16:57,292 --> 00:16:59,169 part of me actually felt relief. 383 00:16:59,227 --> 00:17:02,003 I get Joe back, he gets his life back. 384 00:17:02,064 --> 00:17:04,044 Well, if I had a kid like Michael, 385 00:17:04,099 --> 00:17:06,010 I wouldn't want to see him suffering. 386 00:17:06,068 --> 00:17:08,048 Is that how Joe felt? Who wouldn't? 387 00:17:08,904 --> 00:17:12,044 One time, after work, Joe hoisted a few too many. 388 00:17:12,107 --> 00:17:14,747 Said he wished he'd never breathed air into his kid. 389 00:17:14,810 --> 00:17:17,223 Said he didn't save Michael, only pieces of him. 390 00:17:17,947 --> 00:17:21,190 So the hemlock, would Joe know where to find it? 391 00:17:21,250 --> 00:17:22,991 Any one of us could find it. Why? 392 00:17:23,052 --> 00:17:25,623 We're gonna need a list of Sutter's last few projects, all right? 393 00:17:25,688 --> 00:17:26,689 Yeah. 394 00:17:26,823 --> 00:17:30,464 You're backed up against a wall. Your life's falling apart. 395 00:17:30,727 --> 00:17:34,504 It was somebody else. The hospital. 396 00:17:35,131 --> 00:17:37,008 I mean, they kept changing the nurses, 397 00:17:37,066 --> 00:17:39,740 and then they stuck us with this doctor, Semenko. 398 00:17:39,802 --> 00:17:40,803 I mean, they didn't give a damn. 399 00:17:41,070 --> 00:17:44,916 They had no reason to want to see him dead. You did. 400 00:17:44,974 --> 00:17:46,920 Look what's happened to your beautiful family. 401 00:17:47,176 --> 00:17:49,156 Your wife's sleeping with some dance teacher, 402 00:17:49,212 --> 00:17:51,351 your daughter's one step away from living on the street, 403 00:17:51,414 --> 00:17:53,690 and you have no money, and all because of that kid. 404 00:17:53,750 --> 00:17:54,820 You don't know me. 405 00:17:54,884 --> 00:17:56,488 If you knew me, you would see. 406 00:17:56,552 --> 00:17:57,792 I know you. 407 00:17:58,388 --> 00:17:59,423 If you had the stones... 408 00:17:59,489 --> 00:18:02,060 You don't know this man, Lennie. 409 00:18:02,892 --> 00:18:04,599 Look, this isn't about money or adultery 410 00:18:04,660 --> 00:18:06,503 or anything like that, is it, Joe? 411 00:18:11,734 --> 00:18:13,611 My wife's got MS. 412 00:18:16,506 --> 00:18:20,113 I picture her life 10 years from now and it kills me 413 00:18:21,611 --> 00:18:23,022 because it might not be a pretty picture. 414 00:18:24,914 --> 00:18:26,916 You see your boy, he used to be strong. 415 00:18:26,983 --> 00:18:28,894 Played soccer, yeah? Yes. 416 00:18:29,485 --> 00:18:31,897 My wife used to run three miles every morning. 417 00:18:36,058 --> 00:18:40,507 Did you imagine Michael at 20 years old? Forty years old? 418 00:18:41,564 --> 00:18:46,604 Still in that same room, same bed, same tortured pain? 419 00:18:46,669 --> 00:18:47,773 Yeah. 420 00:18:49,105 --> 00:18:50,345 Me, too. 421 00:18:51,774 --> 00:18:54,721 And you want to know the worst thing? I know why it's happening. 422 00:18:56,379 --> 00:18:57,653 It's my fault. 423 00:18:58,314 --> 00:19:00,294 God is punishing her because of something I did. 424 00:19:00,550 --> 00:19:03,292 No. No, see, you cannot think like that. 425 00:19:04,822 --> 00:19:06,859 I tell myself that, but... 426 00:19:08,258 --> 00:19:10,704 Every time I look at her, I feel the guilt. 427 00:19:11,462 --> 00:19:12,907 Every time I think of her, 428 00:19:13,163 --> 00:19:16,406 every time I think of my daughters and what they're going to lose. 429 00:19:17,134 --> 00:19:19,444 Someone you love is suffering. 430 00:19:22,139 --> 00:19:23,777 They have no hope. 431 00:19:24,441 --> 00:19:26,921 What can you do to help this person? 432 00:19:26,977 --> 00:19:30,322 I mean, how often have you asked yourself this question? 433 00:19:30,380 --> 00:19:32,121 When you bathe him? 434 00:19:33,584 --> 00:19:36,087 Every time I kissed him good night. 435 00:19:37,020 --> 00:19:39,728 And you knew there was only one answer. 436 00:19:41,959 --> 00:19:43,529 You had to do it. 437 00:19:43,894 --> 00:19:45,931 You had to do it because you loved him. 438 00:19:48,065 --> 00:19:49,476 (SOBBING) 439 00:19:51,101 --> 00:19:52,444 Let it go. 440 00:19:55,506 --> 00:19:57,645 It was an act of love, Joe. 441 00:20:00,878 --> 00:20:02,516 I loved Michael. 442 00:20:06,683 --> 00:20:08,492 All right, maybe I... 443 00:20:13,156 --> 00:20:16,000 But I didn't do this. 444 00:20:18,629 --> 00:20:20,131 I didn't kill him. 445 00:20:22,799 --> 00:20:24,540 I thought Curtis had him. 446 00:20:24,601 --> 00:20:25,636 VAN BUREN: Three months ago, 447 00:20:25,702 --> 00:20:29,878 Sutter spent a week replanting the median on the Southern State Parkway. 448 00:20:29,940 --> 00:20:31,749 Forensics surveyed the area. 449 00:20:31,808 --> 00:20:35,153 "Conium maculatum. Hemlock, two acres scattered growth," 450 00:20:35,212 --> 00:20:37,715 "30 meters east of construction site." 451 00:20:37,781 --> 00:20:39,727 Not exactly a smoking gun. 452 00:20:39,783 --> 00:20:42,889 We've got motive, access to the exact poison, 453 00:20:42,953 --> 00:20:46,093 a witness to the feeding. They can't all confess. 454 00:20:51,328 --> 00:20:52,363 Can I leave now? 455 00:20:52,763 --> 00:20:54,744 Not for about another 30 years. 456 00:20:56,467 --> 00:20:57,912 You're under arrest for the murder of your son. 457 00:20:57,969 --> 00:20:59,312 You have the right to remain silent. 458 00:20:59,370 --> 00:21:02,214 Anything you do say can and will be used against you in a court of law. 459 00:21:02,273 --> 00:21:04,150 You have the right to an attorney. If you cannot afford one... 460 00:21:10,148 --> 00:21:11,354 Mr. Sutter's not a flight risk. 461 00:21:11,416 --> 00:21:13,225 His only family's here in New York. 462 00:21:13,284 --> 00:21:15,457 He's charged with killing a member of that family. 463 00:21:15,520 --> 00:21:17,466 Even if we accept the People's allegations, 464 00:21:17,522 --> 00:21:19,968 Mr. Sutter can't be considered a threat to the community. 465 00:21:20,458 --> 00:21:22,597 Bail is set at $100,000. Next case. 466 00:21:23,728 --> 00:21:24,900 (GAVEL POUNDS) 467 00:21:25,997 --> 00:21:28,739 CLERK: "Docket number 661254..." 468 00:21:28,800 --> 00:21:31,747 Excuse me. Who do I see about posting bail? 469 00:21:31,803 --> 00:21:32,804 Who are you? 470 00:21:32,870 --> 00:21:34,076 Roy Cash man. 471 00:21:34,138 --> 00:21:35,640 You're posting bail for Joe Sutter? 472 00:21:35,707 --> 00:21:37,015 Yeah, so what? 473 00:21:37,075 --> 00:21:39,487 I have you down as a prosecution witness. 474 00:21:39,544 --> 00:21:42,889 You told the police he said he wished he'd never saved his son. 475 00:21:42,947 --> 00:21:45,325 I never said anything like that. 476 00:21:45,383 --> 00:21:47,385 Look, I know what Joe is going through. 477 00:21:47,452 --> 00:21:50,365 I'm not going to help you put him in jail. 478 00:21:52,890 --> 00:21:54,597 Cashman's going to testify for Sutter. 479 00:21:54,659 --> 00:21:56,866 Briscoe and Curtis can rebut. 480 00:21:56,928 --> 00:22:00,398 Plus, we've got two others who confirm Sutter wanted the boy dead. 481 00:22:00,465 --> 00:22:02,638 I spoke to the kid's doctor, Lyle Semenko. 482 00:22:02,700 --> 00:22:04,179 He's backing off, too. 483 00:22:04,702 --> 00:22:08,309 This father kills his kid, and the world still loves him. 484 00:22:08,373 --> 00:22:11,013 They think he committed an act of mercy. 485 00:22:11,075 --> 00:22:15,046 Character witnesses, Cashman, Semenko, none of it matters. 486 00:22:15,947 --> 00:22:17,858 Who told us his father spiked the food? 487 00:22:17,915 --> 00:22:19,895 That's your witness to nail down. 488 00:22:22,720 --> 00:22:25,530 Miss Goring told me I didn't have to talk to you. 489 00:22:25,590 --> 00:22:28,127 She was wrong. What did you tell her? 490 00:22:29,460 --> 00:22:32,566 That I was in the room when Mr. Sutter was feeding Michael. 491 00:22:33,064 --> 00:22:36,238 That he didn't do anything to the food. 492 00:22:36,300 --> 00:22:39,907 You told her? Or she told you? 493 00:22:42,441 --> 00:22:46,389 I'm pretty sure about it. I was in the room. 494 00:22:48,347 --> 00:22:51,794 Mrs. Bing says she saw Mr. Sutter spike Michael's food. 495 00:22:52,985 --> 00:22:54,828 She also doesn't remember you being in the room. 496 00:22:54,887 --> 00:22:56,889 Maybe Mrs. Bing's wrong. 497 00:22:57,956 --> 00:23:00,994 Martha, Miss Goring's job is protecting murderers. 498 00:23:01,827 --> 00:23:03,101 You're helping her do that. 499 00:23:03,162 --> 00:23:05,108 I used to talk to the Sutters all the time. 500 00:23:05,164 --> 00:23:07,644 I saw the way they were with Michael. 501 00:23:07,700 --> 00:23:08,838 They loved Michael. 502 00:23:11,537 --> 00:23:13,915 I see Martha McSorley all the time. 503 00:23:13,972 --> 00:23:16,009 She works hard, but she cares too much. 504 00:23:16,475 --> 00:23:19,149 Whenever somebody dies, it becomes personal. 505 00:23:19,445 --> 00:23:21,925 She says she stayed in the Sutters' room right through lunch. 506 00:23:21,980 --> 00:23:25,723 She's got 30 trays to deliver. You know how much time that takes? 507 00:23:26,418 --> 00:23:28,227 No way she can hang out in one patient's room 508 00:23:28,287 --> 00:23:30,062 and deliver all those trays. 509 00:23:30,122 --> 00:23:32,193 No way she could do it, or you know she didn't do it? 510 00:23:32,257 --> 00:23:35,101 You told the police you saw her during her rounds. 511 00:23:35,160 --> 00:23:37,162 You're gonna want me to testify? 512 00:23:37,229 --> 00:23:38,537 That's the idea. 513 00:23:39,898 --> 00:23:42,640 Guess I can't say for sure. It was quiet. 514 00:23:42,701 --> 00:23:44,977 I snuck out to the stairwell for a smoke. 515 00:23:45,037 --> 00:23:46,983 Then how do you know nobody tampered with the food? 516 00:23:47,039 --> 00:23:48,484 'Cause nobody could have. 517 00:23:48,540 --> 00:23:52,010 'Cause when I ducked out, there was a doctor standing by the food cart 518 00:23:52,077 --> 00:23:55,388 doing some paperwork. He was still there when I came back. 519 00:23:55,914 --> 00:23:58,451 Nobody's gonna mess with trays while a doctor's right there. 520 00:23:58,517 --> 00:23:59,962 Do you remember which doctor? 521 00:24:00,018 --> 00:24:01,429 Dr. Semenko. 522 00:24:04,723 --> 00:24:06,464 McSorley's definitely lying. 523 00:24:06,525 --> 00:24:09,199 We've got a bigger problem. Dr. Semenko's lying, too. 524 00:24:10,028 --> 00:24:11,371 The boy's doctor? 525 00:24:11,430 --> 00:24:14,411 An orderly said he saw Semenko hanging around the food cart 526 00:24:14,466 --> 00:24:16,309 while McSorley was making her rounds. 527 00:24:16,368 --> 00:24:18,575 Semenko told Briscoe and Curtis he was out of the building. 528 00:24:18,637 --> 00:24:20,446 You sure he didn't just forget where he was? 529 00:24:20,506 --> 00:24:22,247 (SIGHS) I just hope we didn't put the Sutters 530 00:24:22,307 --> 00:24:24,878 through the wringer for nothing. 531 00:24:24,943 --> 00:24:28,686 Talk to Semenko's boss. Find out if he's just absent-minded. 532 00:24:32,886 --> 00:24:34,092 LINDROS: Semenko's a good physician. 533 00:24:34,354 --> 00:24:36,334 Well-liked, hard-working, responsible. 534 00:24:36,389 --> 00:24:39,097 Even Dr. Schweitzer had his detractors. 535 00:24:39,459 --> 00:24:43,271 Well, there was one complaint. About three months ago. 536 00:24:43,630 --> 00:24:45,974 A young woman badly injured in a car accident. 537 00:24:46,032 --> 00:24:48,410 She'd been here four days, seemed to be out of danger, 538 00:24:48,468 --> 00:24:49,708 then she just died. 539 00:24:49,769 --> 00:24:51,476 Unexplained respiratory failure. 540 00:24:51,538 --> 00:24:53,711 She was in Dr. Semenko's care? 541 00:24:53,773 --> 00:24:56,253 She was under the care of several specialists. 542 00:24:56,309 --> 00:24:58,414 Dr. Semenko wasn't even her primary. 543 00:24:58,478 --> 00:24:59,923 What was the conclusion? 544 00:24:59,979 --> 00:25:03,017 An investigation determined the patient died of natural causes. 545 00:25:03,082 --> 00:25:04,561 Stuff like that just happens. 546 00:25:04,918 --> 00:25:06,795 Whose investigation? Ours. 547 00:25:06,853 --> 00:25:09,629 And you never thought to mention any of this to the police? 548 00:25:09,689 --> 00:25:11,600 Our counsel advised we were under no legal obligation. 549 00:25:12,525 --> 00:25:15,096 And like I said, Semenko and the others were cleared. 550 00:25:15,695 --> 00:25:17,868 Just this one incident? How long has he worked here? 551 00:25:17,931 --> 00:25:19,569 A little over six months. 552 00:25:19,699 --> 00:25:21,906 But I think you're barking up the wrong tree. 553 00:25:22,168 --> 00:25:23,374 Where did he work before Hudson? 554 00:25:23,870 --> 00:25:27,010 Bergen County Clinical in New Jersey. He came highly recommended. 555 00:25:28,241 --> 00:25:29,618 It was a mutual decision. 556 00:25:29,676 --> 00:25:33,146 We were facing cutbacks. Dr. Semenko wanted to move to the city. 557 00:25:33,213 --> 00:25:34,590 The fact that his mortality rate 558 00:25:34,647 --> 00:25:36,923 was 14 times that of any other staff physician 559 00:25:36,983 --> 00:25:38,860 had nothing to do with your decision to cut him loose? 560 00:25:38,918 --> 00:25:39,919 How did you know... 561 00:25:39,986 --> 00:25:41,522 I just came from the County Coroner. 562 00:25:44,023 --> 00:25:46,799 A 61-year-old woman has gallbladder surgery, 563 00:25:46,859 --> 00:25:48,839 a 17-year-old boy having back surgery, 564 00:25:48,895 --> 00:25:50,602 and about a half dozen others. 565 00:25:50,663 --> 00:25:52,404 None of them had life-threatening problems. 566 00:25:52,465 --> 00:25:55,309 All of them were treated by Dr. Semenko, and now they're all dead. 567 00:25:55,768 --> 00:25:57,645 He was cleared of any malpractice charges. 568 00:25:57,704 --> 00:25:59,240 We're talking about murder. 569 00:25:59,973 --> 00:26:02,817 He was cleared in each of the incidents you mentioned. 570 00:26:02,875 --> 00:26:05,014 By your own impartial review board? 571 00:26:05,812 --> 00:26:09,316 The primary concern of this hospital is our patients' well-being. 572 00:26:09,382 --> 00:26:11,658 If one of our doctors is a danger, 573 00:26:11,718 --> 00:26:13,459 we want to deal with the problem. 574 00:26:13,820 --> 00:26:15,993 By passing it along to the next hospital. 575 00:26:16,055 --> 00:26:19,161 Dr. Semenko is a responsible physician. 576 00:26:19,225 --> 00:26:21,103 I've watched him work. 577 00:26:21,161 --> 00:26:23,232 When his patients suffered setbacks, 578 00:26:23,297 --> 00:26:25,777 he always compiled complete case studies. 579 00:26:25,833 --> 00:26:27,506 He attended every postmortem. 580 00:26:27,568 --> 00:26:29,741 And yet his patients kept right on dying. 581 00:26:30,604 --> 00:26:33,244 You can't predict an appendix patient having an aneurysm. 582 00:26:33,307 --> 00:26:36,686 You can't predict a high school senior suffering nicotine poisoning. 583 00:26:36,844 --> 00:26:38,551 Nicotine poisoning? It happens. 584 00:26:39,146 --> 00:26:41,558 There's no way Dr. Semenko could have known. 585 00:26:41,615 --> 00:26:44,494 The boy's parents didn't even know he used tobacco. 586 00:26:53,727 --> 00:26:55,536 Nice botany books, Doc. 587 00:26:55,596 --> 00:26:58,076 Anything in here on how to grow poison hemlock? 588 00:26:58,132 --> 00:27:00,112 I'm surprised you don't seize my anatomy books 589 00:27:00,167 --> 00:27:01,874 and arrest me on porno charges. 590 00:27:01,935 --> 00:27:05,109 Got stuff here looks like oregano. Smells like oregano, too. 591 00:27:05,172 --> 00:27:06,276 And is oregano. 592 00:27:06,340 --> 00:27:08,320 If you're making pasta later, take some. 593 00:27:08,375 --> 00:27:10,377 No other greens except for some Romaine lettuce 594 00:27:10,477 --> 00:27:11,717 that I can tell you is for real. 595 00:27:11,779 --> 00:27:14,692 But you can get rid of it. You got no snap in your stems. 596 00:27:14,748 --> 00:27:16,421 Can I have my home back now? 597 00:27:16,483 --> 00:27:18,019 CURTIS: Hey, Doc, 598 00:27:18,285 --> 00:27:19,389 where do you keep this baby? 599 00:27:19,453 --> 00:27:21,126 We'd like to take a look under the hood. 600 00:27:21,188 --> 00:27:22,326 I don't own a car. 601 00:27:22,389 --> 00:27:24,096 You just collect the manuals? 602 00:27:24,158 --> 00:27:25,262 I sold that car. 603 00:27:26,093 --> 00:27:28,596 What's this? "Car-Finder." 604 00:27:28,929 --> 00:27:30,567 This one of those satellite locating systems? 605 00:27:30,631 --> 00:27:33,544 It was an expensive car. I was concerned about it getting stolen. 606 00:27:34,068 --> 00:27:36,378 Well, why don't we activate the system, see what turns up? 607 00:27:36,437 --> 00:27:37,711 (DIALING) 608 00:27:39,540 --> 00:27:43,147 Lake Hill Country Club. Dr. Lyle Semenko. 609 00:27:44,078 --> 00:27:45,716 What, you threw the clubs in with the car? 610 00:27:45,779 --> 00:27:48,316 Hey, Lennie, what's this? More oregano? 611 00:27:51,819 --> 00:27:54,095 Wouldn't want to sprinkle this on my pasta. 612 00:27:54,154 --> 00:27:55,258 Unless you want some. 613 00:27:55,322 --> 00:27:56,858 You're under arrest for murder, Doc. 614 00:27:56,924 --> 00:27:58,232 You have the right to remain silent. 615 00:27:58,292 --> 00:28:00,829 Anything you say can and will be used against you in a court of law. 616 00:28:03,764 --> 00:28:04,868 GILLUM: You've got no witnesses. 617 00:28:04,932 --> 00:28:06,502 You've got no forensic evidence 618 00:28:06,567 --> 00:28:08,308 linking my client to Michael Sutter's food. 619 00:28:08,369 --> 00:28:10,441 We've got poison hemlock in his car. 620 00:28:10,505 --> 00:28:12,280 I'd love to hear his explanation for that. 621 00:28:12,974 --> 00:28:15,614 You and I both know that the jury will crucify him. 622 00:28:16,478 --> 00:28:18,549 Murder two. He does 25. 623 00:28:19,381 --> 00:28:21,383 Your client took the life of a defenseless child. 624 00:28:21,449 --> 00:28:22,484 What life? 625 00:28:22,550 --> 00:28:25,326 That boy was in constant pain. 626 00:28:25,887 --> 00:28:29,733 You want us to start weighing crimes based on the value of the victim? 627 00:28:31,593 --> 00:28:34,233 I had a 95-year-old client in Florida. 628 00:28:34,963 --> 00:28:37,705 Shot his agonizing, cancer-ridden wife to death. 629 00:28:38,633 --> 00:28:40,635 Jury hit him with a $50 fine. 630 00:28:41,536 --> 00:28:43,812 This jury's gonna know that Dr. Semenko 631 00:28:43,872 --> 00:28:46,113 was acting out of compassion for the victim. 632 00:28:47,609 --> 00:28:49,486 I think your client's shown a little too much compassion. 633 00:28:49,544 --> 00:28:51,717 We've looked into his employment history. 634 00:28:51,780 --> 00:28:56,126 I estimate he's responsible for 17 deaths at four different hospitals. 635 00:28:56,184 --> 00:28:59,427 The hospitals let him skate by, but the buck stops here. 636 00:29:01,022 --> 00:29:02,524 Get your affairs in order. 637 00:29:03,058 --> 00:29:05,129 We're going to trial. 638 00:29:05,193 --> 00:29:08,003 You're spending the rest of your life behind bars. 639 00:29:10,231 --> 00:29:11,642 ADAM: Mercy killing. 640 00:29:12,400 --> 00:29:14,311 It worked for Dr. Kevorkian. 641 00:29:14,369 --> 00:29:15,871 This guy's no Kevorkian. 642 00:29:17,505 --> 00:29:19,576 I'm giving you my opinion without having met the guy, 643 00:29:19,641 --> 00:29:21,052 but he sounds like what we call 644 00:29:21,109 --> 00:29:23,988 a custodial poisoner or asphyxiator. 645 00:29:24,346 --> 00:29:25,450 ADAM: Plain vanilla serial killer? 646 00:29:26,414 --> 00:29:28,519 DR. SKODA: A little more charming than most, but yeah. 647 00:29:30,118 --> 00:29:31,893 He rubbernecked at every patient's postmortem, 648 00:29:31,953 --> 00:29:34,559 like a kid torturing a bug and watching it die. 649 00:29:35,924 --> 00:29:39,804 And these deaths. Starts with ODs on prescription medicines. 650 00:29:40,362 --> 00:29:42,501 Then he gets bolder, uses poisons. 651 00:29:43,098 --> 00:29:45,374 Stuffs bandages down some lady's throat. 652 00:29:45,867 --> 00:29:47,403 He didn't get charged on that one? 653 00:29:48,369 --> 00:29:49,871 Half a dozen of the staff had access to the patient. 654 00:29:49,938 --> 00:29:51,679 The hospital just fired them all. 655 00:29:51,973 --> 00:29:54,249 You don't think Semenko wanted to get caught? 656 00:29:54,409 --> 00:29:55,410 DR. SKODA: No. 657 00:29:56,411 --> 00:29:59,359 No, he got bolder because he got more confident. 658 00:29:59,415 --> 00:30:01,190 He believed he was operating above the rules. 659 00:30:01,250 --> 00:30:03,992 When nobody caught him, everything got reinforced. 660 00:30:04,053 --> 00:30:05,657 We haven't caught him yet, either. 661 00:30:06,155 --> 00:30:07,691 Motion in limine. 662 00:30:08,190 --> 00:30:10,067 Semenko's lawyer wants to preclude 663 00:30:10,126 --> 00:30:11,969 any mention of the other deaths. 664 00:30:12,461 --> 00:30:13,769 Oh, yeah. 665 00:30:17,299 --> 00:30:18,869 GILLUM: A doctor has a run of bad luck, 666 00:30:19,134 --> 00:30:20,340 but that does not make him a killer. 667 00:30:20,402 --> 00:30:21,904 JACK: Bad luck had nothing to do with this. 668 00:30:21,971 --> 00:30:23,780 Mr. Semenko is a serial killer. 669 00:30:23,839 --> 00:30:26,376 He was never charged in those other deaths. 670 00:30:26,909 --> 00:30:28,388 Your Honor, People v. Molineux. 671 00:30:28,444 --> 00:30:30,890 They are prior bad acts. The evidence is not admissible. 672 00:30:30,946 --> 00:30:32,516 It's not even relevant, Mr. McCoy. 673 00:30:32,581 --> 00:30:35,357 People v. Mees. These acts establish motive. 674 00:30:35,417 --> 00:30:37,863 The defendant is trying to convince a jury 675 00:30:38,220 --> 00:30:40,166 that he acted out of mercy 676 00:30:40,222 --> 00:30:43,795 when he has a track record of killing perfectly healthy patients. 677 00:30:43,859 --> 00:30:46,499 Molineux, even as extended by Mees, 678 00:30:46,562 --> 00:30:48,701 allows only similar prior bad acts. 679 00:30:48,764 --> 00:30:50,675 Not one of these other deaths involved a patient 680 00:30:50,733 --> 00:30:52,076 who had zero expectation of recovery. 681 00:30:53,102 --> 00:30:54,410 JACK: This is perverse! 682 00:30:54,637 --> 00:30:58,949 Mr. Gillum is saying that because this killer never showed mercy, 683 00:30:59,375 --> 00:31:02,481 he should be allowed to argue that he's a mercy killer this time. 684 00:31:02,945 --> 00:31:04,925 You have a point, Mr. McCoy. 685 00:31:04,980 --> 00:31:08,018 But this doesn't meet the Molineux exceptions. 686 00:31:08,651 --> 00:31:10,858 And if I have to choose between an A.D.A. 687 00:31:10,920 --> 00:31:13,093 and the Court of Appeals, guess who wins? 688 00:31:13,822 --> 00:31:16,063 The evidence is suppressed. 689 00:31:21,830 --> 00:31:24,674 JACK: Michael Sutter was murdered by the defendant. 690 00:31:26,669 --> 00:31:28,740 This is not in dispute. 691 00:31:31,540 --> 00:31:35,249 The defense will give you reasons why it's not a bad thing. 692 00:31:36,879 --> 00:31:40,827 They'll tell you that Michael Sutter had no quality of life. 693 00:31:43,185 --> 00:31:46,428 It's true that Michael Sutter wasn't going to grow up to be 694 00:31:46,790 --> 00:31:50,636 a teacher or an engineer or a doctor, like the defendant. 695 00:31:52,329 --> 00:31:54,138 But he liked to watch TV. 696 00:31:55,432 --> 00:31:57,207 He loved his family. 697 00:31:58,568 --> 00:32:00,309 And he was alive. 698 00:32:01,938 --> 00:32:04,441 The defense will tell you 699 00:32:04,508 --> 00:32:08,115 that taking Michael Sutter's life was the merciful thing to do. 700 00:32:08,945 --> 00:32:12,392 Michael Sutter's family will tell you that they loved Michael. 701 00:32:14,484 --> 00:32:16,157 They miss Michael. 702 00:32:19,956 --> 00:32:24,336 This case is not a debate about euthanasia. 703 00:32:26,563 --> 00:32:29,544 It's about a thrill killing by a monster 704 00:32:29,599 --> 00:32:31,704 masquerading as an angel of mercy. 705 00:32:35,372 --> 00:32:37,283 Michael Sutter is dead. 706 00:32:39,843 --> 00:32:43,757 He was murdered. That's all that matters. 707 00:32:53,223 --> 00:32:55,567 Mr. McCoy is right, the law is simple. 708 00:32:55,625 --> 00:32:57,400 It only sees black and white. 709 00:32:58,428 --> 00:33:00,271 But reality? 710 00:33:00,330 --> 00:33:03,402 Well, reality has all sorts of shades of gray, doesn't it? 711 00:33:05,535 --> 00:33:07,845 Dr. Semenko didn't just wake up one morning 712 00:33:07,904 --> 00:33:10,248 and on a whim decide to kill Michael Sutter. 713 00:33:10,740 --> 00:33:13,050 Michael Sutter's parents know that. 714 00:33:13,109 --> 00:33:15,146 And although it may be very hard for them to admit it, 715 00:33:15,211 --> 00:33:17,282 they wanted this death. 716 00:33:17,347 --> 00:33:20,055 And they made that very clear to Dr. Semenko, 717 00:33:21,084 --> 00:33:24,827 who had the courage, in the face of an antiquated law, 718 00:33:24,888 --> 00:33:28,358 to act in the best interests of a suffering child. 719 00:33:30,160 --> 00:33:32,367 The State tries to lock up people like this. 720 00:33:33,496 --> 00:33:34,804 They have put Dr. Jack Kevorkian on trial 721 00:33:34,864 --> 00:33:39,109 over and over again, but he's never been convicted. 722 00:33:39,170 --> 00:33:42,515 Because juries, juries just like you, 723 00:33:44,175 --> 00:33:46,587 have always recognized the truth. 724 00:33:48,279 --> 00:33:51,692 Dr. Lyle Semenko is not a criminal. 725 00:33:55,886 --> 00:33:57,229 He's a hero. 726 00:34:03,561 --> 00:34:05,871 I read him stories every night. 727 00:34:06,931 --> 00:34:08,842 It's funny, 728 00:34:08,899 --> 00:34:11,470 he had the same favorites he did as a baby. 729 00:34:13,537 --> 00:34:17,849 After all the suffering, after all the damage, 730 00:34:20,077 --> 00:34:22,580 he was still the same little boy. 731 00:34:22,913 --> 00:34:25,359 Did you love him, Mr. Sutter? 732 00:34:26,650 --> 00:34:28,891 You don't stop loving your son when he gets hurt. 733 00:34:30,888 --> 00:34:33,368 And you don't stop loving your son when he dies. 734 00:34:34,158 --> 00:34:38,300 Mr. Sutter, did you ever ask Dr. Semenko to end your son's life? 735 00:34:38,362 --> 00:34:39,363 No. 736 00:34:40,765 --> 00:34:42,574 It's horrifying 737 00:34:43,601 --> 00:34:45,547 that he could blame this on us. 738 00:34:47,405 --> 00:34:48,941 I mean, that anybody could think 739 00:34:49,173 --> 00:34:51,153 that we wanted this. 740 00:34:59,417 --> 00:35:03,388 Mr. Sutter, Michael's care has cost you almost a quarter of a million dollars 741 00:35:03,454 --> 00:35:04,626 since the accident, hasn't it? 742 00:35:05,790 --> 00:35:06,860 Whatever it was, it was worth it. 743 00:35:06,924 --> 00:35:07,959 GILLUM: I understand. 744 00:35:08,025 --> 00:35:09,800 But you had a college fund for your daughter, 745 00:35:09,860 --> 00:35:11,032 and now that's gone, isn't that right? 746 00:35:11,095 --> 00:35:12,233 SUTTER: Yes. 747 00:35:13,130 --> 00:35:16,668 And your relationship with your wife has grown strained? 748 00:35:17,802 --> 00:35:19,372 She was having an affair? 749 00:35:21,072 --> 00:35:23,848 Michael's condition made things very difficult for all of us. 750 00:35:23,908 --> 00:35:26,116 GILLUM: And he wasn't going to get any better, was he? 751 00:35:26,178 --> 00:35:27,452 SUTTER: We hoped. 752 00:35:28,146 --> 00:35:29,147 But, no. 753 00:35:29,214 --> 00:35:31,160 In fact, there was only one way 754 00:35:31,216 --> 00:35:32,559 that Michael's suffering was going to end, 755 00:35:32,617 --> 00:35:33,789 and you knew that, didn't you? 756 00:35:33,852 --> 00:35:34,990 No. 757 00:35:35,053 --> 00:35:36,760 I could never take... Now, on December 12th, 758 00:35:37,389 --> 00:35:39,391 did you take Michael to an appointment with Dr. Semenko? 759 00:35:39,658 --> 00:35:41,934 I took Michael to many appointments. 760 00:35:41,994 --> 00:35:45,999 And did you say to Dr. Semenko that Michael didn't deserve to live like this? 761 00:35:46,064 --> 00:35:48,476 Didn't you tell Dr. Semenko 762 00:35:48,867 --> 00:35:51,347 that you wished Michael's suffering would end? 763 00:35:51,403 --> 00:35:53,610 No, I might have said that, 764 00:35:53,705 --> 00:35:55,480 but I didn't mean I wanted him dead. 765 00:35:55,907 --> 00:35:57,614 GILLUM: Mr. Sutter, 766 00:35:58,043 --> 00:35:59,317 if you had to do it all over again, 767 00:35:59,378 --> 00:36:04,191 I mean, if you had known how much Michael was going to suffer, 768 00:36:05,217 --> 00:36:06,890 would you have pulled him out of that car? 769 00:36:09,254 --> 00:36:10,733 I loved Michael. 770 00:36:11,289 --> 00:36:13,269 I know that, Mr. Sutter. 771 00:36:14,392 --> 00:36:17,896 But would you have saved his life? 772 00:36:27,405 --> 00:36:29,043 No. Thank you. 773 00:36:33,945 --> 00:36:36,152 Do you remember coming to the hospital with your daughter Stephanie 774 00:36:36,214 --> 00:36:38,387 on a Saturday morning last November? 775 00:36:39,050 --> 00:36:41,724 Michael woke up with a fever of 103. 776 00:36:41,787 --> 00:36:43,960 It turned out to be a flu virus. 777 00:36:44,456 --> 00:36:46,697 And did Stephanie want to come to the hospital? 778 00:36:47,426 --> 00:36:49,133 Her brother was sick. 779 00:36:49,194 --> 00:36:52,004 Didn't she tell you that she would rather be skating with her friends? 780 00:36:52,063 --> 00:36:53,804 Objection. He's leading his own witness. 781 00:36:53,865 --> 00:36:55,276 Sustained. 782 00:36:55,767 --> 00:36:58,247 GILLUM: Did you fight with your daughter at the hospital? 783 00:36:58,703 --> 00:37:00,205 I don't recall. 784 00:37:00,272 --> 00:37:03,151 Do you recall Dr. Semenko being in the room 785 00:37:03,208 --> 00:37:05,154 when you were arguing with Stephanie? 786 00:37:05,210 --> 00:37:07,156 Objection. She doesn't recall arguing. 787 00:37:07,212 --> 00:37:09,715 A priori, she can't recall who might have been present. 788 00:37:10,115 --> 00:37:12,152 Next question, Mr. Gillum. 789 00:37:12,217 --> 00:37:14,528 Your Honor, permission to treat this witness as hostile. 790 00:37:14,854 --> 00:37:16,094 Go ahead. 791 00:37:16,155 --> 00:37:19,136 Didn't Stephanie tell you that she didn't give a damn about Michael? 792 00:37:19,192 --> 00:37:21,798 That she had stuff to do? 793 00:37:21,928 --> 00:37:23,532 JACK: Objection. Hearsay. 794 00:37:23,596 --> 00:37:25,667 Offered to show the defendant's state of mind, Your Honor. 795 00:37:25,731 --> 00:37:28,507 Overruled. The witness will answer. 796 00:37:31,270 --> 00:37:34,547 She might have said some things she shouldn't have. 797 00:37:34,607 --> 00:37:36,917 Like calling Michael a vegetable? 798 00:37:36,976 --> 00:37:39,980 She was angry. She wanted to hurt me. 799 00:37:40,613 --> 00:37:42,820 Wasn't she worried about hurting her brother? 800 00:37:44,150 --> 00:37:45,686 He couldn't understand. 801 00:37:46,052 --> 00:37:47,122 Exactly. 802 00:37:47,787 --> 00:37:50,893 He couldn't even understand when his own sister said 803 00:37:50,957 --> 00:37:54,097 that she wished he were dead, could he? 804 00:37:54,160 --> 00:37:55,468 She didn't mean it. 805 00:37:56,195 --> 00:37:59,904 She just didn't want to see Michael suffer anymore. 806 00:37:59,966 --> 00:38:01,172 None of us did. 807 00:38:02,435 --> 00:38:03,470 I know. 808 00:38:04,804 --> 00:38:05,942 Thank you. 809 00:38:06,372 --> 00:38:07,749 (SIGHS) 810 00:38:08,007 --> 00:38:11,454 Mrs. Sutter, did you 811 00:38:12,144 --> 00:38:15,682 ever tell Dr. Semenko to end Michael's life? 812 00:38:16,282 --> 00:38:17,283 No. 813 00:38:17,550 --> 00:38:18,654 Thank you. 814 00:38:23,122 --> 00:38:25,363 GILLUM: Dr. Semenko, does Hudson Terrace Hospital 815 00:38:25,424 --> 00:38:28,064 have a policy regarding assisted suicide? 816 00:38:28,127 --> 00:38:31,540 SEMENKO: Yes. In all New York hospitals it's strictly prohibited. 817 00:38:31,964 --> 00:38:34,240 And is this ever a subject of discussion 818 00:38:34,300 --> 00:38:35,802 amongst your fellow physicians? 819 00:38:35,868 --> 00:38:36,869 Frequently. 820 00:38:37,403 --> 00:38:39,815 The rules reflect a wrong-headed view 821 00:38:39,872 --> 00:38:41,613 of dealing with death and dying. 822 00:38:42,441 --> 00:38:45,752 Do you and your colleagues have methods to get around these rules? 823 00:38:45,811 --> 00:38:49,554 We physicians risk being charged with trafficking in drugs 824 00:38:49,615 --> 00:38:52,653 just by providing morphine to terminal patients. 825 00:38:52,718 --> 00:38:55,392 The State doesn't want us to turn them into junkies. 826 00:38:56,656 --> 00:38:58,727 And every day, in every hospital in this country, 827 00:38:58,791 --> 00:39:00,464 a doctor calls for a slow code. 828 00:39:00,693 --> 00:39:03,140 Objection. Contrary to what the defendant thinks, 829 00:39:03,196 --> 00:39:04,732 he can't possibly know what goes on 830 00:39:04,798 --> 00:39:06,277 in every hospital in the country. 831 00:39:06,633 --> 00:39:07,634 Sustained. 832 00:39:08,702 --> 00:39:12,548 Dr. Semenko, would you please define the term "slow code"? 833 00:39:12,906 --> 00:39:17,218 When a patient is beyond hope and requires life-saving measures, 834 00:39:17,277 --> 00:39:20,417 a slow code means the staff just goes through the motions. 835 00:39:20,480 --> 00:39:22,255 They let the patient die. 836 00:39:22,349 --> 00:39:24,488 And this is done according to the patient's instructions? 837 00:39:24,951 --> 00:39:28,125 No, it's done when, in the attending physician's opinion, 838 00:39:28,188 --> 00:39:29,565 death would be best. 839 00:39:30,223 --> 00:39:31,827 Michael Sutter wasn't terminal. 840 00:39:31,892 --> 00:39:34,634 He could have lived another, what, 50, 60 years? 841 00:39:34,962 --> 00:39:36,373 His heart would have kept on beating, 842 00:39:36,430 --> 00:39:38,706 his lungs would have kept on breathing, 843 00:39:39,633 --> 00:39:41,442 and the pain would never stop. 844 00:39:44,204 --> 00:39:46,707 Sometimes I have to tell people 845 00:39:46,773 --> 00:39:49,913 the worst news they think they'll ever hear, 846 00:39:50,310 --> 00:39:52,119 the death of their loved one. 847 00:39:52,479 --> 00:39:57,224 But somehow they wake up the next morning, and their life goes on. 848 00:39:58,151 --> 00:40:01,155 People couldn't function if they couldn't move on. 849 00:40:02,756 --> 00:40:06,795 The Sutters couldn't move on. They needed to move on. 850 00:40:08,028 --> 00:40:11,566 Did the Sutters ask you to end their son's life? 851 00:40:11,865 --> 00:40:13,902 There was no doubt about what they wanted. 852 00:40:13,967 --> 00:40:16,004 They knew their son's life, 853 00:40:16,069 --> 00:40:18,310 in any meaningful way, was over. 854 00:40:18,372 --> 00:40:21,478 I was just the instrument, doing what they wanted done. 855 00:40:21,541 --> 00:40:24,181 What they couldn't bring themselves to do. 856 00:40:25,145 --> 00:40:27,421 Thank you, Doctor. Your witness. 857 00:40:35,088 --> 00:40:36,465 Your Honor, it's almost 12:00. 858 00:40:36,523 --> 00:40:38,969 I wonder if we could take our noon recess? 859 00:40:41,194 --> 00:40:43,765 The jury's buying it. Semenko's hammering us. 860 00:40:43,830 --> 00:40:46,572 He's smart, he's confident, he's charming. 861 00:40:46,633 --> 00:40:48,271 Same pathology that makes him a serial killer 862 00:40:48,335 --> 00:40:49,473 makes him a hell of a witness. 863 00:40:49,536 --> 00:40:51,539 He must have some weakness. 864 00:40:52,273 --> 00:40:54,150 You ever once hear him question what he did? 865 00:40:54,208 --> 00:40:55,915 The Sutters needed to move on. 866 00:40:55,977 --> 00:40:57,957 Absolute knowledge. Absolute certainty. 867 00:40:58,012 --> 00:40:59,252 Some kind of God complex? 868 00:40:59,314 --> 00:41:00,486 His narcissism. 869 00:41:01,048 --> 00:41:03,153 Power to save life, power to end life. 870 00:41:03,217 --> 00:41:04,423 More fascinated with death. 871 00:41:04,952 --> 00:41:06,556 Jack, somebody that's in love with himself 872 00:41:06,621 --> 00:41:09,192 isn't going to like having his opinions challenged. 873 00:41:09,257 --> 00:41:10,930 He'll hate it. 874 00:41:11,392 --> 00:41:13,372 One weakness he does have, 875 00:41:13,428 --> 00:41:15,305 he's not afraid of you. 876 00:41:17,131 --> 00:41:20,237 FILLMORE: Mr. McCoy, are you ready to proceed? 877 00:41:20,301 --> 00:41:21,473 JACK: Yes, Your Honor. 878 00:41:25,139 --> 00:41:29,349 Michael Sutter isn't the first severely handicapped patient 879 00:41:29,410 --> 00:41:31,083 you've had in your care, is he? 880 00:41:31,679 --> 00:41:33,056 No. I've had many. 881 00:41:34,282 --> 00:41:35,352 Did you kill them all? 882 00:41:35,883 --> 00:41:37,328 Objection! 883 00:41:37,385 --> 00:41:40,798 Sustained. Watch your step, Mr. McCoy. 884 00:41:42,156 --> 00:41:43,635 I'll rephrase. 885 00:41:43,691 --> 00:41:47,662 When dealing with other patients with similar difficulties, 886 00:41:47,728 --> 00:41:50,868 how did you justify allowing some of them to live? 887 00:41:51,599 --> 00:41:54,045 Every case must be assessed on its own merits. 888 00:41:54,469 --> 00:41:57,040 By you? No need to consult the family? 889 00:41:57,505 --> 00:42:00,418 The Sutters had already made their wishes known. 890 00:42:00,475 --> 00:42:02,887 But ultimately, it was your decision, 891 00:42:03,044 --> 00:42:04,546 and you weren't afraid to make it? 892 00:42:04,679 --> 00:42:06,181 I have the training. 893 00:42:06,247 --> 00:42:09,387 The training to decide who should die, and when? 894 00:42:09,951 --> 00:42:14,331 The training to recognize when there is no more hope. 895 00:42:14,389 --> 00:42:19,862 And did your training tell you to use hemlock to kill a helpless boy? 896 00:42:21,262 --> 00:42:24,869 Coniine, the active ingredient, causes the lungs to shut down. 897 00:42:24,932 --> 00:42:26,707 It's an effective agent of death. 898 00:42:26,768 --> 00:42:29,578 It causes all muscles to shut down. 899 00:42:29,637 --> 00:42:32,413 It's a horribly painful death, isn't it? 900 00:42:33,040 --> 00:42:35,748 My specialty is spinal cord injuries. 901 00:42:35,810 --> 00:42:38,950 That's why the Sutters chose me to care for their boy. 902 00:42:40,348 --> 00:42:42,454 Michael's death was relatively pain-free. 903 00:42:42,684 --> 00:42:43,958 Relatively? 904 00:42:46,655 --> 00:42:52,128 Wouldn't potassium chloride have been quick and completely pain-free? 905 00:42:53,862 --> 00:42:54,932 The difference is, 906 00:42:54,997 --> 00:42:56,442 that would have raised red flags 907 00:42:56,498 --> 00:42:58,978 all around the hospital, isn't that right? 908 00:42:59,034 --> 00:43:01,981 If you're implying that my medical opinion was compromised 909 00:43:02,037 --> 00:43:04,677 by a desire not to be detected, you're right. 910 00:43:05,641 --> 00:43:09,646 I would rather be in a hospital right now, caring for my patients, 911 00:43:10,112 --> 00:43:12,752 than defending this ridiculous charge. 912 00:43:13,382 --> 00:43:16,022 But Michael Sutter's death was humane. 913 00:43:16,652 --> 00:43:17,892 You have no doubt at all? 914 00:43:17,953 --> 00:43:20,263 No. It was the right thing to do. 915 00:43:24,026 --> 00:43:25,937 Then why didn't you come forward 916 00:43:25,994 --> 00:43:28,235 when Mr. Sutter was charged with murder? 917 00:43:30,599 --> 00:43:32,272 Come on, Dr. Semenko. 918 00:43:32,634 --> 00:43:35,581 If you have such confidence in your own goodness, 919 00:43:35,637 --> 00:43:37,947 why let an innocent man go to jail? 920 00:43:38,307 --> 00:43:39,308 Objection, Your Honor. 921 00:43:39,374 --> 00:43:40,375 FILLMORE: Overruled. 922 00:43:41,243 --> 00:43:43,382 Dr. Semenko, answer his question. 923 00:43:44,947 --> 00:43:45,982 I don't know. 924 00:43:46,048 --> 00:43:49,325 Is it because deep in your heart you knew what you did was wrong? 925 00:43:49,384 --> 00:43:51,591 That you had committed murder? 926 00:43:55,657 --> 00:43:56,727 No more questions. 927 00:43:56,792 --> 00:43:58,271 No, I want to answer. 928 00:44:03,198 --> 00:44:06,077 I have confidence in the judicial system. 929 00:44:06,502 --> 00:44:09,540 I knew Mr. Sutter would be found innocent. 930 00:44:10,005 --> 00:44:12,281 If I stepped forward, I'd lose my license. 931 00:44:12,341 --> 00:44:16,812 I'd lose my ability to continue my work to care for my patients. 932 00:44:19,948 --> 00:44:21,256 (SIGHS) 933 00:44:22,017 --> 00:44:25,021 He's awfully slick. The bastard. 934 00:44:25,554 --> 00:44:27,591 He said the Sutters chose him. 935 00:44:27,656 --> 00:44:31,127 Joe Sutter told the police the hospital assigned Semenko to them. 936 00:44:31,194 --> 00:44:34,368 Maybe Semenko's lying, trying to build himself up. 937 00:44:34,831 --> 00:44:36,174 Check it out. 938 00:44:40,336 --> 00:44:41,906 Has the jury reached a verdict? 939 00:44:41,971 --> 00:44:43,678 FOREMAN: Yes, we have, Your Honor. 940 00:44:43,940 --> 00:44:45,681 On the first count of the indictment, 941 00:44:45,742 --> 00:44:48,313 Murder in the Second Degree, how do you find? 942 00:44:48,378 --> 00:44:50,517 We find the defendant not guilty. 943 00:44:50,980 --> 00:44:52,982 FILLMORE: On the second count of the indictment, 944 00:44:53,049 --> 00:44:55,620 Manslaughter in the First Degree, how do you find? 945 00:44:55,685 --> 00:44:58,165 FOREMAN: We find the defendant not guilty. 946 00:44:58,221 --> 00:45:00,462 And on the final count of the indictment, 947 00:45:00,523 --> 00:45:03,333 Manslaughter in the Second Degree, how do you find? 948 00:45:03,393 --> 00:45:05,737 We find the defendant guilty. 949 00:45:05,795 --> 00:45:07,138 (GAVEL POUNDS) 950 00:45:08,164 --> 00:45:09,199 (WHISPERING) 951 00:45:23,713 --> 00:45:26,023 They're calling Semenko the next Kevorkian. 952 00:45:26,082 --> 00:45:27,288 Read on. 953 00:45:28,084 --> 00:45:29,791 They've already received donations 954 00:45:29,852 --> 00:45:31,798 for his appeal from all 50 states. 955 00:45:31,854 --> 00:45:32,889 Yeah, well, don't be surprised 956 00:45:32,989 --> 00:45:34,832 if the Sutters kick in a few extra bucks. 957 00:45:34,891 --> 00:45:37,394 The hospital confirmed Joe Sutter asked for their son 958 00:45:37,460 --> 00:45:39,030 to be transferred to Semenko's care. 959 00:45:39,729 --> 00:45:40,901 I don't want to hear this. 960 00:45:40,964 --> 00:45:42,910 ROSS: I pulled Lois Sutter's resume. 961 00:45:43,199 --> 00:45:46,305 Her last job, she spent two days a week at Bergen County Clinical. 962 00:45:46,369 --> 00:45:48,940 She was there for five of Semenko's suspicious deaths. 963 00:45:49,472 --> 00:45:52,510 They knew. They put their kid in front of a loaded gun. 964 00:45:52,575 --> 00:45:54,111 What are you gonna do about it? 965 00:45:55,044 --> 00:45:57,752 You couldn't even convict Semenko of murder. 966 00:45:58,748 --> 00:46:00,785 Who's joining me for dinner?