All language subtitles for Law & Order s15e14 Fluency.eng

NARRATOR:
In the criminal justice system

the people are represented by two
separate yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

He started feeling crummy a couple
hours ago. He was running a...

He was fine and then
he just crashed.

That's how kids are. They
look okay, and then boom,

they bottom out fast.

Is he going
to be all right?

They'll give him something at the E.R.
to bring his fever down.

Looks like he's
just got the flu.

But he had a shot
three weeks ago.

Really? How old is he?

Oh, he's 10. Our pediatrician
had a few extra doses.

You're lucky.

I know so many families who tried
to get shots and couldn't.

Okay, James, we're gonna take
you for a little ride, buddy.

Your mom's gonna come with us.
You're gonna be okay.

It's okay, James. Every/thing's
gonna be all right, sweetheart.

Mommy's here.
Mommy's here, baby.

Okay. All right, honey.

(SIREN WAILING)

Cause of death,
acute pulmonary edema.

A direct result
of the flu.

So, Why'd you
call us here?

His parents said he'd got a
flu shot about a month ago.

Sol pulled his
pediatrician's chart.

According to the records,
he was vaccinated,

but when I ran blood titers,
he had no antibodies.

And he should've had?

If he'd been immunized,
absolutely.

Still don't get
why we're here.

There've been a lot of flu-related
deaths in the past few weeks.

Iwent through the autopsy
records and found half a dozen

other victims who
had also supposedly

been vaccinated,
but had no antibodies.

Supposedly?

These people were not injected
with the flu vaccine,

they couldn't have been.

It wasn't just a bad
batch of the vaccine?

Even with an expired or contaminated
vaccine, there'd still be antibodies.

So, if it wasn't the vaccine,
what were they injected with?

Good question. There's no
sign of anything toxic.

So it has to be
something neutral,

sterile saline
solution, maybe.

So these people all thought
they were getting vaccinated,

they weren't.

They get the flu anyway,
and it killed them?

Exactly.

We could be looking at a whole
bunch of homicides here.

That's why I called you.

We talking mostly
old people here?

Mostly. Some were from other
high-risk categories,

immune-suppressed,
chronic illness.

But a couple were perfectly healthy,
like this James Citron kid.

Well, if they had
gotten the real vaccine,

couldn't they have
gotten sick anyway?

The M.E. says that
that's unlikely.

The vaccine is
genetically designed

to deal with whatever
this year's strain is.

I spoke to a friend
of mine over at DEA.

He says that
black market flu vaccine

is going for
$800 avial.

There are 10 doses
in avial.

Where's it come from?

Canada, mostly. Or it's old,
expired vaccine from last year.

Because of the shortage this
season, demand is high.

People are going
crazy to get a shot.

Someone is selling
fake flu vaccine

and passing it off
as black market?

They're probably telling
the doctors that

it fell off the back
of a truck in Toronto.

Ugh. How many doctors
are we talking about?

The M.E.'s identified seven
victims, seven different doctors.

Seven different
neighborhoods.

This thing is citywide.

All right. You know you're going
to have to go down the list.

Find out how much of
this stuff they bought,

how many patients
were vaccinated,

how many people are sick.

You need to start with James
Citron's pediatrician,

and in the meantime, I'll call the
Health Commissioner's Office.

You know what the
messed up thing is?

If Mrs. Citron's doctor
had the real deal,

that boy didn't have to die.

WASSERMAN: I gave him
the shot myself.

He doesn't exactly fit
the criteria, does he?

Under two or over 65 or with
a chronic medical condition?

Well, lwouldn't
have given him one,

but his mother
was worried.

She said he was frail.
She insisted.

And he got
the flu anyway.

Well, he must have
gotten a different strain

than the one
I vaccinated him for.

It's rare and a damn
shame, but it happens.

We need to have
that vaccine tested.

The M.E. suspects that it may
have been a factor in his death.

A factor?
In what way?

Well, you're the expert,
Doctor, you tell us.

How does a vaccine
go wrong?

It could be tainted, adulterated
in some way, contaminated.

Or simply expired,
ineffective.

Or not a vaccine at all.

What do you mean?

That's the risk you
take when you buy

any kind of drug
on the black market.

You just don't know what you're
getting, do you, Doctor?

(sums)

Doctor, do you?

Let's talk in here.

Okay, we're going to need to take
whatever vaccine you have left.

We'll have it
tested at the lab

and then we'll know what
we're dealing with here.

It's long gone.

Iran through it
in a couple of days.

How much did you buy?

Fifteen vials.

That's 150 shots, right?

Rough�! -

We're gonna need a list
of the 150 patients

you gave this
phony vaccine to.

Now other than James,
were any of them sick?

Not so far.

Let's hope that holds up.
Who'd you buy it from?

Look, I'm a pediatrician.

I did it to protect
my patients.

Well, then protect
your patients now

and let us know where you got
that phony vaccine from.

I want you to know that I
went out of my own pocket

nearly 10 grand to
pay for those meds.

And we want you to know that we'll
make sure that the prosecutor's office

and the AMA
knows all about that.

All right, all right. I didn't
get it on the black market.

I got it
from a colleague.

I sold it to him for
exactly what it cost me.

How much did you buy?

Thirty vials. I sold half to Kevin,
used the rest for my patients.

Where did you get it?
Why is that important?

Hey, Doctor,
we have seven deaths.

Flu victims
with no antibodies,

who've all
been immunized.

One of them was a 10-year-old
boy, for God's sakes,

a patient of
Dr. Wasserman's.

That's impossible. If they were
immunized, they'd have the antibodies.

That's our point exactly.

People are dying
from avirus

they think they've been
protected against.

Oh, my God, it's fake.

Yeah. The M.E. thinks
it's a saline solution.

My drug rep got me what I
needed, even with the shortage.

I thought she was
a miracle worker.

We need this miracle
worker's name and number.

And you have a lot
of work to do, Doctor.

You have to get
all your patients

immunized again, this time
with the real vaccine.

So, how did you get your
hands on so much flu vaccine

in the middle of
a nationwide shortage?

I had some connections with
some of the distributors.

We did a background check
and we found out

that you've been a pharmaceutical
rep for what, all of six months?

What possible connections can you
have when there are people who

have been in the business for years
can't get their hands on a single shot?

An executive from Medicus
hooked me up.

Medicus?

Medicus Pharmaceuticals.

It's a Canadian
drug manufacturer.

And what's this
executive's name?

Um, David.
David something.

I have his card.

How did he
hook you up?

He works out of
their New York office.

He said he
could get some,

you know, on the side.
Under the counter.

You thought he
was stealing it.

I figured if he was, then
that was his business.

I mean, since it's from Canada,
I didn't see any harm in it.

It's the same vaccine.

Trafficking in stolen goods.
International, no less.

All right, look, we're gonna
need a list of the doctors

you sold this stuff to and we're
gonna need that David fellow's card.

ED: Can you
describe him for us?

David Kolbrenner.
Early 30s, tall,

short brown hair,
green eyes, nice smile.

Do you always remember
people with such detail?

Well, he was very handsome.
And I'm very single.

I just got off the phone with
the Deputy Health Commissioner.

We have two more deaths
where the family

said the victims
had been vaccinated

and the autopsies
said they hadn't.

That's nine.

(SIGHS) And no telling how many
more before this thing is over.

They must be
sweating bullets.

The Commissioner issued
awarning to doctors

not to buy any black
market flu vaccine.

The public ought
to know that.

Yeah, but they want
to keep it quiet

until they figure out
what they're doing.

Listen, what have we got?

We've got a lead on a guy
that sold the phony vaccine

that was used
on James Citron.

Claims to be from Medicus Pharmaceuticals.
Name's David Kolbrenner.

And Medicus
never heard of him?

His description doesn't fit
any of their employees.

Look, the doctors
who are using

this phony vaccine are
from all over the city.

But this one rep only
covered the Village,

so he's got to be
hitting other reps.

Or he's working
from some kind of list.

BRUNSWICK: A list
of drug reps? Sure.

Drug manufacturers
buy them all the time.

We're not interested in
the corporate customers.

We want the individuals who may
have purchased the list from you,

like in the past
three months or so.

I'll check it out.
(TYPING)

Yeah, we've got
13 names and addresses.

We're just interested
in the men.

Five of the male persuasion.

I'll print you out
a hard copy.

You got a David Kolbrenner
on that list?

Nope. Sorry.

Of course not. It would
have been much too easy.

ED: Let's start
with Mike Bass.

(KNOCKING ON DOOR)

I hope this guy's home.

I'm getting tired
of coming out here.

After this, we still
have the two in Jersey.

I hate going to Jersey.
I always get lost.

This dude's
still not home.

Oh, the hell with it,
we'll come back later.

Joe, check it out.

Hey, excuse me, sir.

Do you live here?
Who's asking?

I'm Detective Fontana,
this is Detective Green,

New York City
Police Department.

We're looking
for a Mike Bass.

I'm Mike Bass.
What can I do for you?

You know
a David Kolbrenner?

No, I don't. Sorry.

Excuse me. Can we
see some ID please?

Sure.

(CELL PHONE RINGS)

Yeah.

You sure?
Okay, thanks.

Joe, that's an affirmative.

Really?

Hey, that's a great shirt.
Paul Smith?

That's right. Paul Smith.
Good eye.

I have mine handmade.

Nice.

You know what's funny? Your
driver's license says Mike Bass,

but the monogram on
your shirt says DK.

Oh, uh, this shirt, yeah, now
this shirt is my cousin's.

His name is Don.

It's Don Kramer.
Shut up.

I'll give you his number.
Shut up.

That's him,
that's definitely him.

He's sold you the vaccine?

Yeah, he's the one,
no question.

You done good.

We want to know where the rest
of that phony vaccine is.

I don't know what
you're talking about.

Don't say anything. Direct
your questions to me, please.

Where did you
get it, Mr. Bass?

WICKHAM: Don't try
to pressure him.

You think this is pressure?
Stick around a little while.

Your client has already been lD'd by
a pretty little pharmaceutical rep.

You remember her?

You sold her
the phony vaccine.

Told her your name
was David Kolbrenner.

We found a bunch of
these in your wallet, bro.

(sums)

(WHISPERING)

My client is willing to identify
all of the pharmaceutical reps

he may have sold product to.

The doctors
already told us that.

And those other reps
are going to ID him, too.

That's why we need to know
where the fake vaccine is now

before any more
people die.

The clock is ticking.
Don't you understand that?

My client is not responsible
for any of these deaths.

We have nine bodies
that say otherwise.

And there'll be more
if he doesn't talk.

WICKHAM: My client is
merely a middleman.

"My client, my client."
Will you shut up?

Your client is
putting thousands

of people at risk,
causing an epidemic.

(SLAMS HAND ON TABLE)
We want a name now.

You have to tell the D.A.
we want full immunity.

Full immunity?

Dream on,
Public Defender.

Look, I had no idea the vaccines
weren't real until you told me.

I thought
they were stolen.

I swear to God. Smuggled in
from Canada or somewhere.

I sell fake handbags and
watches, for God's sakes.

I'm no killer.

FONTANA: No, you're not.

You're a serial killer.

(sums)

I thought this was a
public health emergency.

She said traffic
was terrible.

She's new?
New to homicide.

Tried a lot of felonies,
major cases.

I hear she's pretty good.

(DOOR OPENS)

I apologize for
keeping you waiting.

It's gridlock out there.

A.D.A. Borgia.
Lieutenant Van Buren?

Nice to meet you.

Detectives Ed Green...

How do you do?

...Joe Fontana.
Pleasure.

Gentlemen.

Borgia? Italian, huh?

Italian, French, Spanish.

I still have
family in Venice.

While I was stuck in traffic, I had
a chance to look over my notes

from my conversation
with Lieutenant Van Buren.

I think we can make
a deal with Mr. Bass.

His lawyer wants
full immunity.

You're not gonna make
that deal, are you?

Of course not.

Mr. Wickham,
Alexandra Borgia, A.D.A.

Nice to meet you.

Just wanted to let you
know that the charges

will be amended to include
any future influenza deaths

that can be linked
to your client.

Excuse me?
Additional charges?

I thought we were
gonna talk deal.

As long as you maintain
a full immunity position,

I'll personally see to it that Mr. Bass
is charged with any influenza death

that can be even remotely
connected to him.

That's prosecutorial
misconduct.

That is prosecutorial
discretion.

What can you do for us?

An E felony.

Scheme to defraud in the
first degree for each sale.

And the homicide charges?

We'll drop them.

Providing your information
leads to whoever is making

and distributing
this so-called vaccine.

On the fraud charges, six
months, concurrent sentences?

One year.
lfl like what I hear.

(sums)

(CLEARS THROAT)

I've been buying counterfeit
goods from this guy for years.

Handbags, watches,
CDs, you name it.

Handbags are not
killing people.

Sklar calls me up.

He tells me he's got something
that's gonna blow my socks off.

So I go to this warehouse and
he's got stacks of this vaccine

that everybody's
clamoring for.

Charges me
175 a vial.

I'm selling it for five,
six, 700 bucks a piece.

Easy. Fast as I can
get it, it's gone.

This guy's
a counterfeiter.

Ever cross your mind
that this stuff wasn't real?

He told me it was stolen. It never
occurred to me that it was fake.

Honest to God.

So he's not the source.

(SCOFFS)

No, no way.

Strictly wholesale.

I need more before we can
go to ajudge for a warrant.

That's all I got.

This guy trusts you?

We've been doing business
for years, yeah.

You're gonna call him
on your cell right now.

Let him know you have someone who wants
to make a really big vaccine buy.

(sums)

When do you want
to set it up for?

People are dying.
Let's do it tonight.

Kind of dark, isn't it?

Well, the landlord's
a skinflint.

The lights on the aisles
are on motion sensors

and if you don't
keep moving around,

they turn off after, like,
30 seconds or so.

It's a pain in the ass.

Wow.

I'm impressed.
Mind if I take a look?

You can look
all you want, man,

my stuff is as
good as it gets.

Yeah, so is mine.

And since I've seen all of your
stuff, I'll show you mine.

Now let's just
wait for the warrant

and then we'll go through all
of this stuff piece by piece.

What do you say?
You little bastard!

What can I say?

He's running.
He's running!

(GUNSHOT)

10-13. Shots fired. Repeat,
shots fired, ninth floor.

You Okay?

Yeah, I'm good. You?

Yeah, never better. How about
you, Sklar, you son of a bitch?

The building is sealed off. You're
only making things worse for yourself.

Damn straight. Now come
out and drop your weapon!

FONTANA: Ed, get ready.

God said,
"Let there be light."

Police. Don't move.

He's down. He's down.

10-13. Everything normal.
Repeat, everything normal.

No further needed.

We need a bus for a civilian.
Ninth floor.

That's how you can tell it's a knockoff.
Steel instead of titanium.

Great. So we can get him
for counterfeiting.

No vaccine?

We tore that place apart. A lot of bogus
and stolen stuff, but no vaccine.

What the hell?

VAN BUREN: And I just heard
from the Health Department.

Sixteen deaths and counting.

Sklar's got to be out
of the O.R. by now.

I see the good news of my client's
recovery has spread quickly.

Well, we thought we'd bring the guy some
flowers, cheer him up a little bit.

Save them for your sweetie, Detective.
My client isn't talking.

You should always
listen to your lawyer.

After all, he is the one that's
facing 16 counts of homicide.

Oh, no, wait a second,
that's you.

I didn't make the stuff.

Yeah, well, you better
tell us who did.

After I talk to the D.A.

We'll get this knocked down to
criminal possession of a firearm,

some counterfeit charges,
then we'll talk.

That's some bad
advice, Mr. Sklar.

It's now or never, pally. If
we find the other guy first,

he's the one who gets the
deal and you go right down.

You're gonna tell the D.A.
that I cooperated, all right?

All right.

Against my advice,
go ahead.

He said he got the stuff down in
Mexico where there's no shortage.

You didn't know
it was fake?

Fake? No way.

He said he had connections
to a manufacturer down there.

What's this guy's name?

I only know him as EP.

ED: Where did you
make the buys?

In Red Hook.

It's a warehouse garage,
on the water.

New Street. I don't
know the exact address,

but I can tell
you where it is.

Can you draw us a map?

Hey, no problem.

I'm the manager.
Can I help you gentlemen?

NYPD. You have the authority
to open these garages?

No. Besides, you need a key
and I don't have one. Sorry.

We do.

What's this?

That's our key.

A warrant to
search this garage.

You sure this is
the right place?

He said seventh from the
parking lot on the water side.

Okay, boys, let her rip.

Here we go.

We're gonna need the name and address
of whoever rents this space.

I get a money order
every month.

I ain't got no return
address for that space.

Well, you must have an
emergency phone number

in case something
comes up.

I might.

You get on the phone
and you tell the tenant

to get down here
right away.

A leak in the sprinkler system
just ruined his inventory.

(HORN HONKING)

If I lost one box in there,
it's your ass, old man.

Who the hell am I talking to, huh?
Think I'm just doing this...

Hey! What's going on?

Elliot Peters, you're under arrest.
What for?

For killing a whole
bunch of people.

I'd read you a list, but
it's too long, you bastard.

Turn around.

Time to read this
crumb his rights.

Ow! I don't have
the guts for it.

Me, neither. But I don't want there
to be any technical difficulties.

You have the right to remain silent.
Anything you say...

POLLACK: Nineteen
manslaughter counts?

Your Honor, my client is accused of
selling sterile saline solution.

A harmless substance.

Hardly harmless if it's
passed off as flu vaccine.

Mr. Peters recklessly caused
the death of these people

by providing a useless vaccine to a
marketplace driven by panic and hysteria.

The definition of recklessness is "the
conscious disregard of a substantial risk."

These phony vaccines were
sold to at-risk groups.

The elderly,
young children,

people with chronic
medical conditions.

The victims didn't get the
vaccinations they needed

because they wrongly believed
that they were protected

by Mr. Peters'
worthless version.

If I could charge him with 19
counts of murder, too, I would.

Your Honor, my client
allegedly sold

sterile saline solution
to one party,

who sold it to another
who sold it to a third,

who gave it to
someone else,

who may or may not
have gotten the flu,

and if they did, may or may
not have died from it.

Gave it? It was injected into their
bodies in lieu of the real vaccine.

One that these individuals
desperately needed.

This harmless
saline solution

would be used
by physicians

who mistakenly thought
they were protecting

their patients from
a life-threatening illness.

Your Honor...

Save your breath,
Mr. Pollack.

I too regret that your client
can't be charged with murder.

No bail.
Defendant is remanded.

(sum-nus)

Nice job, Counselor.

Good luck getting a conviction
without any evidence.

The warrant
called for a search

of garage number seven in a
warehouse on New Street.

Now, our informant didn't
have the exact address,

but the cops easily found the
right warehouse and garage.

What's the problem?

The problem is the garage
the police searched

was technically
number 14.

Our informant
called it number seven

because it was
the seventh door

down the pier
from the parking lot.

Shouldn't be an issue as long
as the doors weren't numbered.

It's very confusing
out there.

Some of the doors were numbered,
some of them weren't.

This one was not particularly
prominent or visible,

but there is a number on the
building 20 feet above the door.

How do the warehouse
records list the garage?

As number 14.

That's how it's recorded at the
county surveyor's office as well.

We can't get
this evidence in.

Pollack's argument
is hyper-technical.

Besides, lthought
the Supreme Court

allowed the police to
make a good faith error

and still have the evidence
remain admissible.

They did, and if this were a federal
case, I wouldn't be worried.

But New York State doesn't
give the same latitude.

It's a stricter standard.

You really think there's a
chance it could be suppressed?

You should have gone out to
the site with the police

and the informant
prior to the raid,

made sure your warrant
was absolutely in order.

The informant was
still in the hospital.

And we didn't want to
wait and risk more

of the phony vaccine
getting distributed.

(sums)

Let's hope we get
the rightjudge.

The warrant gave permission for the
police to search garage number seven.

It's a distinct address
recognized on that warehouse lot

by various city
and state agencies,

as well as by the
warehouse's own record.

That is not the garage
that the police entered.

The police searched the garage in the
warehouse described by the informant.

They opened the seventh
garage door down the row,

which is what Mr. Sklar meant
when he said garage seven.

Which is what they
thought he meant.

The door was clearly
marked 14, not seven.

The police searched
the right premises.

They found the counterfeit
drugs they were looking for.

That's irrelevant, Your Honor.
You're not entitled to be lucky.

Your Honor, Mr. Pollack
is arguing a technicality.

Since when is the Fourth
Amendment a technicality?

(SCOFFS)

The simple fact is, the police had a
warrant that entitled them to search

premises A and they
searched premises B.

Mr. McCoy?

The Fourth Amendment exists to
prevent unreasonable searches.

In this case, the police got what they
believed was accurate information,

they waited for
a search warrant,

and then they entered the actual
location they were looking for.

The fact that the warrant
contains a numerical error

is irrelevant
and hyper-technical.

This is more than a
hyper-technicality, I'm afraid.

Your informant did not
have the correct location.

I have no choice but to suppress
the evidence from the garage.

JACK: Without those
vials of vaccine,

I don't know that
we can make our case.

We have Sklar's testimony that he
bought the vaccine from Peters.

The uncorroborated testimony
of a petty criminal.

So we can't use
what was in the garage.

What if we have evidence of
what was outside the warehouse?

I don't follow.

There have to be surveillance
cameras on the loading docks.

Maybe there's something
there we can use.

It's a long shot.

No stone unturned.

We only keep 30 days worth
of videotape at atime.

Anything before that
would be taped over.

But if Peters received a new
delivery in the last month,

it would be on the tape?

Yeah.

Well, could you
check, please?

All right,
I'll get the file.

If he were here, he would have
signed in on the sign-in sheet.

Every time?

Well, maybe
not every time.

That's what I thought.

All right,
this is what I got.

His name is not
on the sheet.

Here, see for yourself.

Why does it say "Heath"
at the top of the page?

I thought this was
Elliot Peters' garage.

Mr. Peters is listed as a person
with right of access to the space.

So who's Heath?

Mr. Peters' sister.

The garage is
rented in her name.

Bad news is there's no usable video
of activity outside the garage.

And the good news?

We got him anyway.

Call me crazy, Your Honor, but didn't
we decide this matter already?

New evidence has
been uncovered.

Would the People be so good as
to share it with the court?

Of course. The storage
garage was not Mr. Peters'.

It was rented by his
sister, Amanda Heath.

Without my client admitting that any of the
previously excluded materials was his,

he used this storage facility all the time.
He had a key...

But does not have a reasonable
expectation of privacy in this space,

which is needed to assert
a Fourth Amendment claim.

My client's name was on the
access list to the garage.

When she moved
into a smaller apartment,

his sister listed him so he could
finish storing her things.

In this affidavit, she categorically
denies ever giving him permission

to use the space
for his own purposes.

The space belongs
only to Ms. Heath.

Fine. So the police violated Ms.
Heath's Fourth Amendment rights.

I don't concede that, but even
if they did, it's irrelevant.

She's not being
charged with anything.

Your client has no standing to invoke
the constitutional rights of his sister

and therefore never had standing
to move to suppress this evidence

in the first place.

I agree. I withdraw
my previous ruling.

The evidence
is reinstated.

(GAVEL BANGS)

Pollack will say Peters
is just a counterfeiter.

That this is fraud,
not manslaughter.

I think the question here
is one of foreseeability.

Peters had to know
that his saline solution

would end up being injected
into patients as flu vaccine.

Who might or might not have
gotten sick, and if they did,

who might or
might not have died.

They'll paint him
as a screw-up,

not as the heartless
sociopath that he is.

I think we can cast
him in that light.

He did six months
federal time

for selling expired drug
samples to pharmacists.

He's been sued more times than
you can count for various scams.

Phony airline tickets, posing as a
contractor, defrauding old folks.

A career con man.

Did he ever put anyone at real
risk in terms of life and limb?

One of his schemes was buying totaled
cars, reassembling and selling them.

They'd pass inspection,
but the chassis were so bad,

they were unsafe
at any speed.

Another was selling
previously recalled

contaminated
surgical supplies,

which, in one case,
resulted in an infection

causing the victim to have his
leg amputated below the knee.

I really want
to nail this guy.

Well, Pollack is
going to concede

that his client did
everything we say he did.

Sold saline solution
disguised as flu vaccine.

His argument is simply that
none of this caused any deaths.

I know I have a causation issue, Arthur.
I'll overcome it.

Okay, their argument
is going to be that

some of the victims had severe
pre-existing health problems.

Otherwise, getting the flu
wouldn't have killed them.

We should take that
argument as our own.

Those people who had
pre-existing health problems

are the very ones who had a more
than reasonable expectation

of receiving
a genuine vaccination,

if they hadn't gotten
the phony one first.

In fact, I think we ought to treat this
as if it were a class action suit.

Winnow it down to the
strongest batch of cases.

The at-risk patients.

That's gonna eliminate
two or three of the deaths.

I wish I could
prosecute all of them,

but if Pollack casts a
doubt over one of them,

then the rest may
become vulnerable.

I'm sure you're right.

But you're not the one who's gonna
have to speak to the families.

Well, that's what rookies are for, Ms.
Borgia.

To do the dirty work.

I don't understand. You're not
prosecuting Elliot Peters?

No, we're going to
prosecute Elliot Peters.

But not for
James's death?

I'm sorry.
It's a strategic decision

based on James's health
at the time of his death.

I don't understand,
James was healthy.

That's the problem.

He wasn't in an
at-risk category.

He didn't have
a reasonable expectation

of getting a flu shot under
the shortage guidelines.

I would have taken him to my own
doctor instead, not the pediatrician.

My son would
have been protected.

He wouldn't have gotten sick.
He wouldn't have died.

James will be represented in
that courtroom. I promise you.

You'll make sure this man is punished?
You promise me that?

Did you have
an opportunity to review

all of the medical
and autopsy records

of each of the 16 victims?

Yes, I did.

These deaths were textbook
influenza sequelae-related deaths.

In your opinion, is there anything that
could have prevented those deaths?

Absolutely.
A current flu vaccine.

Thank you, Doctor.

Even if these 16 people had
been properly vaccinated,

they still could have contracted the
influenza virus and died, correct?

Very unlikely.

Move to strike as
unresponsive, YourHonoL

The doctor's answer
will be stricken

and the jury is instructed
to disregard it.

Once again, Dr. Adams, could
these people have gotten sick

and died
from influenza

even if they had been properly
vaccinated, yes or no?

It's possible, yes.

So the vaccine isn't
100% effective?

Not 100%, no, it isn't.

In fact, it's possible to be vaccinated
against one strain of the flu

and still come down with a completely
different strain, isn't it?

The 16 victims
we're talking about

died from the very strain that this
year's vaccine was designed to counter.

Once again, Doctor,
I didn't ask you that.

Objection. The witness
answered the question.

The prosecution claims that my
client ignored a substantial risk.

I'm trying to ascertain how substantial
the risk of not being vaccinated is.

Overruled.

So, even if they'd
gotten this year's vaccine,

they still could have contracted a
different strain of the flu and died?

Yes.

Even possibly
from the very strain

the vaccine was meant to
protect them against, correct?

Possibly.

Thank you.

Redirect?

Go ahead.

What are the odds of someone who
has been properly vaccinated

dying of a different
strain of the flu?

Incredibly small. One or
two in a million, perhaps.

But they can
catch the flu.

Yes, and if you've been
properly vaccinated,

what you get is
a very mild case of it.

And the odds of dying of the same
strain you are vaccinated for?

In all my years of practice,
I've never seen it.

Nothing further.

When I ran blood titers
on the deceased,

I found that none of
them had antibodies

for the influenza virus.

And if they don't
have the antibodies?

Then these people never
received a flu vaccination,

no matter what their
medical records say.

Thank you, Doctor.

When you perform an autopsy, you
determine the cause of death,

and then you record it in a
death certificate, don't you?

Basically, yes.

Isn't it true that a death certificate
is considered an opinion?

Based on available facts
known at the time.

You were accurate
in your analysis

of the 16 deaths
in question?

I believe I was.

So isn't it true
that you concluded

that influenza
was not responsible

for the deaths of
any of these people?

No, that's not true, the influenza
led directly to their deaths.

How can you say that when
the death certificates,

which you signed,
state otherwise.

Defense exhibit D.

Death certificate
of Patrick Fitzhugh.

According to the death
certificate you completed,

what was Mr. Fitzhugh's
immediate cause of death?

Sepsis.
Mmm-hmm.

And the intermediate
cause of death?

Pneumonia.

And finally, the
underlying cause of death?

Chronic obstructive
pulmonary disease.

Three causes of death and
not one of them influenza?

Influenza was listed on
the death certificate.

Oh, line D.

Right here where it says,
"Other significant conditions

"which contributed to but did
not directly cause death."

So you yourself believe that
influenza was not a direct cause

of Mr. Fitzhugh's death, or indeed
of any of the deaths in question?

A homicide does not
require a direct cause.

It can be the result
of an indirect cause.

Mmm-hmm.

Mr. Fitzhugh was a pack-a-day
smoker since he was 19.

In your opinion,
were those cigarettes

an indirect cause
of the pulmonary disease

you said he suffered from?
Most likely.

Then why isn't a tobacco executive
sitting next to my client?

Objection.
JUDGE: Sustained.

POLLACK: No further questions.

JACK: Redirect?

Please explain how causes of death
are listed on death certificates.

We can list an immediate, an intermediate
and an underlying cause of death,

and in some cases,

other significant factors which
contributed to the death.

And why was influenza listed
as a contributing factor?

The influenza virus
exerted its lethality

by exacerbating
an underlying disease.

In other words, if they
hadn't gotten the flu...

Then these people
would still be

in their customary
state of ill health.

Sick, yes.

But alive.

POLLACK: Why did you
put saline in the vials?

I researched it carefully.

I knew that saline was
not harmful to the body.

I didn't want
anyone to get hurt.

I made sure all
the vials were sterile.

Everything was done
so that no one would

get sick from
the injections themselves.

But you admit
you broke the law?

And I am more than willing to
take the punishment for that.

But I am not a killer.
lam a counterfeiter.

Weren't you concerned
that some people

might catch the flu and get sick
because they weren't immunized?

Honestly, I didn't think that
anyone would catch the flu.

I mean, that's just the
luck of the draw, isn't it?

That could
happen to anyone,

whether you got
a flu shot or not.

And, um, can't the vaccine
itself make you sick?

Besides,
who dies from the flu?

You're sick for a few days, eat a
lot of chicken soup, and that's it.

Thank you, Mr. Peters.

These 16 people we've been
talking about, they died.

They died of the flu.

From the testimony
I've heard,

there seems to be a difference
of opinion about that, actually.

But I'm sorry they did.

However it happened.
I'm very sorry.

You just testified you
didn't think there was

much risk connected
to your ersatz vaccine.

I didn't think so. Nothing
substantial, at least.

You didn't think that what you
did posed any substantial risk?

Is that your testimony?

Yes.

Mr. Peters,

did you ever see an old
movie called The Third Man?

Your Honor?

Mr. McCoy?

The defendant
says he couldn't

foresee any substantial
risk to his actions.

I'd like to explore that state
of mind a little further.

The witness may answer.

The Third Man?
With Orson Welles?

It's been a long time.

Orson Welles plays
a black marketer,

who steals penicillin and then dilutes
and sells it with tragic consequences.

Death, amputation,
children die.

Objection.

It's a parallel situation, Your Honor.
I think the analogy is apt.

Overruled.

There's a famous scene
on a Ferris wheel.

I remember that scene.

Orson Welles goes for a ride on
a Ferris wheel with his friend,

and it stops when
they get to the top.

And his friend, who's played
by Joseph Cotten, asks, "Why?

"Why did you do this?"

Orson Welles says,
"For the money."

Joseph Cotten
is horrified.

"Have you no conscience? How
do you live with yourself?"

Orson Welles points to the
people on the ground far below,

and the people on the ground are very
small walking around in the square.

And Welles says, "Would
you really feel anything

"if one of those dots down there
suddenly stopped moving?"

What was your expectation when
you labeled your saline solution

as flu vaccine and then sold it
in bulk to people like Sklar?

That they'd sell
it to someone else.

And it would eventually
be used as vaccine?

Sure.
Eventually.

And you couldn't foresee the
risk to those patients?

They were just dots
to you, weren't they?

Far away, insignificant.

Objection.

And if they suddenly stopped
moving, who would care?

Not you.

POLLACK: Your Honor?

JUDGE: All right,
Mr. McCoy.

You've made your point.

Nothing further,
Your Honor.

JUDGE: On the first count
of the indictment,

manslaughter in
the second degree,

how do you find the
defendant, Elliot Peters?

We find the
defendant guilty.

On the second count
of the indictment,

manslaughter in
the second degree,

how do you find the
defendant, Elliot Peters?

FOREMAN: We find
the defendant guilty.

On the third count
of the indictment,

manslaughter in
the second degree...

The Third Man?

Spur of the moment.

That Ferris wheel scene
just popped into my head.

Pretty effective cross.

You really painted
the picture for the jury.

He's a cold-blooded,
callous creep.

Fifteen years is not nearly
enough for what he did.

Fifteen years times 16.

I'm going for
consecutive sentences.

Fifteen times 16?
That's what?

Two hundred and forty.

You think
the judge will buy it?

If I'm persuasive enough
at the hearing next week.

Your Honor, the People
are asking this court

to impose 16 consecutive
sentences on this defendant.

Your Honor, that's
a possible 240 years.

Mr. Pollack's
math is correct.

That's outrageous. For
selling saline solution?

For causing 16 deaths.

That's outrageous.

Your Honor,
under the Penal Law,

a sentence imposed
for two or more offenses

committed through a single
act must run concurrently.

Consecutive sentences
are permissible

where the People demonstrate
that the offenses

are based on separate
and distinct acts.

As this court
is well aware,

Mr. Peters made multiple
sales of his phony vaccine

to various purchasers.

Each sale was a distinct
and separate act.

Each sale was part of one
large illegal scheme.

Consecutive sentences
are wholly improper.

What I find
wholly improper

is your client
killing 16 people

and getting out in
as little as 15 years.

Your Honor...

Enough, Mr. Pollack.

Elliot Peters,

you are hereby sentenced to 15 years
for each of the following convictions,

the sentences to
run consecutively.

Manslaughter in the second
degree, Brad Tobolsky.

Manslaughter in the second
degree, Duane Rader.

Manslaughter in the second
degree, Patrick Fitzhugh.

Manslaughter in the second
degree, Lisa Bader.

Manslaughter in the second
degree, Caroline Anderson.

Manslaughter in
the second degree...

Thank you for keeping
my promise for me.

You're welcome.

Don't do it again.

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