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NARRATOR:
In the criminal justice system
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00:00:08,850 --> 00:00:12,730
the people are represented by two
separate yet equally important groups,
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00:00:12,788 --> 00:00:14,597
the police who
investigate crime
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00:00:14,656 --> 00:00:17,466
and the district attorneys
who prosecute the offenders.
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These are their stories.
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You're home early, Mrs. Kiley.
How was your trip?
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Oh, best anniversary present
lever had, Michael.
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00:00:28,203 --> 00:00:29,944
Hey, Mr. K,
long flight?
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00:00:30,005 --> 00:00:31,985
It's always long when you're
coming home, Michael.
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Send the suitcases up,
would you?
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00:00:33,508 --> 00:00:34,851
Yes.
Your daughter, she...
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00:00:34,910 --> 00:00:37,049
Oh, May hasn't gone out,
has she? Not this early.
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No, no. I haven't
seen her this morning.
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00:00:39,014 --> 00:00:40,220
Good.
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SCOTT: What in the hell
is going on in here?
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LENORE: May?
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00:00:52,327 --> 00:00:53,567
Who are you?
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00:00:56,097 --> 00:00:57,838
LENORE: May?
Oh, my God.
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00:00:58,834 --> 00:01:00,108
(BOY COUGHING)
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All right, come on.
Get up.
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Get out of here,
all of you, right now.
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00:01:05,307 --> 00:01:07,514
LENORE: May? May?
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00:01:08,310 --> 00:01:09,516
Andy?
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00:01:10,312 --> 00:01:13,122
Mr. Kiley.
I was... I was just...
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00:01:13,482 --> 00:01:15,052
Cover yourself.
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00:01:16,384 --> 00:01:19,126
Andy, what is going on here?
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00:01:19,187 --> 00:01:21,224
May had a couple of kids over.
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00:01:21,289 --> 00:01:22,734
LENORE: Oh, my God!
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00:01:22,791 --> 00:01:25,294
Lenore? Lenore!
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(LENORE CRYING)
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Oh. my...
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Oh!
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Oh, my God.
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It started out, you
know, just a few kids.
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00:01:42,745 --> 00:01:43,849
What time?
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00:01:44,513 --> 00:01:45,514
Around 8:00, 8:30.
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00:01:45,581 --> 00:01:47,060
You go to school with May?
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I used to.
Before I went to Williams.
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I'm on spring break.
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00:01:50,486 --> 00:01:52,762
You were here with
a girl, right? A date?
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00:01:52,821 --> 00:01:56,234
Yeah, she's from Dalton. I met her
at the party, then we crashed.
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00:01:56,291 --> 00:01:58,396
You talk to May at the party?
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00:01:58,460 --> 00:02:01,464
May was in the bedroom with
somebody. I don't know who.
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00:02:02,631 --> 00:02:04,304
They were having a bad fight.
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00:02:04,366 --> 00:02:05,572
You hear a gunshot?
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00:02:05,634 --> 00:02:07,841
I didn't hang around
outside the door.
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00:02:07,903 --> 00:02:09,576
I mean,
with the music that loud.
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00:02:10,672 --> 00:02:12,982
Wait here.
How are the parents?
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00:02:13,042 --> 00:02:15,989
Well, Mom's calling her doctor,
and Dad's calling his lawyer.
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00:02:16,045 --> 00:02:19,492
Well, I got this one kid, said he heard
an argument in May's bedroom. You?
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00:02:19,548 --> 00:02:23,553
No. Some of the kids she hung out with
thought she was the life of the party.
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Not anymore.
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00:03:14,436 --> 00:03:18,714
What happened last night
was not like her.
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00:03:20,209 --> 00:03:24,248
Up until this year, she
never even went to parties.
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We worried about her.
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00:03:27,516 --> 00:03:31,089
A kid needs a social life,
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and May was always
such a loner.
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00:03:38,494 --> 00:03:44,274
Until last year, and then
she just seemed to blossom.
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00:03:47,102 --> 00:03:48,843
Before you went to England...
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00:03:48,904 --> 00:03:52,613
There was never
any talk of a party.
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00:03:53,942 --> 00:03:55,012
What about drugs?
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00:03:55,077 --> 00:03:58,149
If you found any there, they
were not hers or her friends'.
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At least her close friends'.
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00:04:01,617 --> 00:04:02,721
CURTIS: Are you sure?
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00:04:02,784 --> 00:04:03,785
Yes.
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00:04:04,520 --> 00:04:05,692
What about boyfriends?
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00:04:05,754 --> 00:04:06,858
LENORE: May's crowd,
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00:04:07,923 --> 00:04:10,130
they don't really date
like we did.
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00:04:11,560 --> 00:04:13,403
Can you give us some names?
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00:04:13,462 --> 00:04:16,068
That would be Chris Landauer.
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00:04:17,499 --> 00:04:19,274
She's in her class.
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00:04:21,036 --> 00:04:25,109
And Julia Buckley.
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She's a year behind her.
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00:04:30,779 --> 00:04:35,285
Sometime after 8:00, 8:30, kids,
friends, friends of friends,
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00:04:35,350 --> 00:04:37,387
strangers who heard about
the party started showing up.
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00:04:37,452 --> 00:04:40,194
Doorman calls up to the apartment,
"Hey, are these your guests?"
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00:04:40,255 --> 00:04:43,031
May wants to be popular so she
says, "Sure, send them up."
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00:04:43,091 --> 00:04:45,401
Yeah, so at some point
things get out of hand.
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00:04:45,460 --> 00:04:47,838
One kid said he heard May arguing
with a guy around 11:00.
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00:04:47,896 --> 00:04:50,069
Now another kid,
Melinda Suarez,
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00:04:50,132 --> 00:04:51,770
heard a shot maybe
half an hour later.
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00:04:51,833 --> 00:04:53,506
But she thought it
came from the street.
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00:04:53,569 --> 00:04:54,707
The gun from the room?
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00:04:54,770 --> 00:04:57,944
A 22 caliber. Unregistered.
Latent's working on the prints.
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00:04:58,006 --> 00:04:59,007
Gunshot residue?
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00:04:59,074 --> 00:05:00,075
Working on it.
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00:05:00,576 --> 00:05:02,078
11:30 to what?
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00:05:02,144 --> 00:05:03,452
What time did the
parents find May?
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00:05:03,512 --> 00:05:04,547
6:00.
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00:05:04,613 --> 00:05:06,684
6:00.
Six and a half hours.
91
00:05:06,748 --> 00:05:09,024
None of the kids went in
the room, saw the body?
92
00:05:09,084 --> 00:05:10,654
The door closed?
It's possible.
93
00:05:10,719 --> 00:05:13,165
The parents got there, there
were bodies all over the place.
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00:05:13,222 --> 00:05:15,702
Sleeping, drugged, drunk.
95
00:05:15,757 --> 00:05:17,100
What about these Polaroids?
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00:05:17,159 --> 00:05:19,230
Well, you can get arrested for
putting them on the Internet,
97
00:05:19,294 --> 00:05:20,705
but no shots of May.
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00:05:20,762 --> 00:05:22,400
No diary or phonebook?
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00:05:22,464 --> 00:05:23,499
Working on that, too.
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00:05:23,565 --> 00:05:25,772
Now, some other people
we talked to said,
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00:05:25,834 --> 00:05:27,973
"May was shy, but
everybody liked her."
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00:05:28,036 --> 00:05:31,017
"Fun, not wild.
A little naive."
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00:05:31,073 --> 00:05:32,711
If she'd been a little
more streetwise...
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00:05:32,774 --> 00:05:34,515
Maybe she would've been
killed on the street.
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00:05:34,576 --> 00:05:36,886
Latent got three sets
of prints off the gun.
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00:05:36,945 --> 00:05:39,983
The girl, an unknown, and
this mook, Maxwell Paris, 23,
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00:05:40,048 --> 00:05:42,255
just did six months
at Rikers for dealing.
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00:05:43,318 --> 00:05:44,991
CURTIS: So, how'd you end
up at the party, Max?
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00:05:45,053 --> 00:05:46,657
BRISCOE: Somebody decides
to throw a party,
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00:05:46,722 --> 00:05:49,532
they just put your name
on the top of the list?
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00:05:49,591 --> 00:05:51,832
What do you do,
supply the party favors?
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00:05:52,494 --> 00:05:53,495
Am I under arrest?
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00:05:53,562 --> 00:05:54,597
BRISCOE: For what?
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00:05:54,663 --> 00:05:56,040
How long were you at the party?
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00:05:56,798 --> 00:05:57,833
A couple of hours.
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00:05:57,899 --> 00:05:58,900
Who'd you talk to?
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00:05:58,967 --> 00:06:00,173
You talk to May?
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00:06:00,235 --> 00:06:02,772
Who?
CURTIS: Your hostess.
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00:06:02,838 --> 00:06:04,613
We found this gun there, Max.
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00:06:04,673 --> 00:06:06,550
It's got your prints on it.
Now, why would that be?
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00:06:07,609 --> 00:06:09,316
Why would your prints
be on this gun, Max?
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00:06:09,378 --> 00:06:11,619
I just brought it, okay?
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00:06:11,680 --> 00:06:13,990
Some kid found it in my pocket,
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00:06:14,049 --> 00:06:16,029
started showing
it around to people.
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00:06:16,084 --> 00:06:17,529
I tried to look
for the thing later,
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00:06:17,586 --> 00:06:20,123
but this blondie,
she could tell you.
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00:06:20,589 --> 00:06:23,160
I was with her from the minute I
walked in the door till when I left.
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00:06:23,225 --> 00:06:24,226
Blondie got a name?
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00:06:24,593 --> 00:06:27,904
Well, everybody's got a name.
Cindy, I think. Mary.
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00:06:29,731 --> 00:06:32,712
All right,
you recognize blondie?
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00:06:33,669 --> 00:06:35,706
Yeah, yeah, that's
her, that's her.
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00:06:36,438 --> 00:06:39,544
GLORIA: If my mother ever finds
out that I was with that guy...
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00:06:40,275 --> 00:06:41,948
Tell us about the gun.
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00:06:42,511 --> 00:06:43,956
It was a gun.
135
00:06:44,112 --> 00:06:46,388
Well, a lot of your
friends carry guns?
136
00:06:46,448 --> 00:06:48,792
No. Look, I didn't
even know he had it.
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00:06:48,850 --> 00:06:50,625
Some kid took it out
of his pants pocket.
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00:06:50,686 --> 00:06:52,666
BRISCOE: And Max didn't
try to stop him?
139
00:06:52,721 --> 00:06:54,826
Well, his pants were on the
other side of the room.
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00:06:56,625 --> 00:06:57,626
(SIGHS) Okay.
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00:06:58,493 --> 00:06:59,767
BRISCOE: Were you
with him the whole time?
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00:06:59,828 --> 00:07:02,502
Did he go off by himself? Get a beer?
Anything like that?
143
00:07:02,564 --> 00:07:05,943
No, I came up in the
elevator with him and...
144
00:07:06,568 --> 00:07:08,479
Well, I didn't know that
he was going to the party.
145
00:07:08,537 --> 00:07:11,177
We were both crashers, so...
146
00:07:13,742 --> 00:07:17,087
Well, I don't know, he pretty much
kept an eye on me the whole night.
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00:07:17,145 --> 00:07:19,386
I think he was scared I was going
to run out on him or something.
148
00:07:19,815 --> 00:07:21,294
Yeah, he'd lose
his meal ticket.
149
00:07:21,350 --> 00:07:23,330
Look, I know what goes on.
150
00:07:23,385 --> 00:07:24,989
I mean, if you only
saw the dweebs
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00:07:25,053 --> 00:07:26,964
that I usually go out
with from my school.
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00:07:27,022 --> 00:07:29,525
And this guy Max is,
what, exciting?
153
00:07:29,825 --> 00:07:34,035
Real. I mean,
he really does stuff.
154
00:07:34,796 --> 00:07:36,139
Like time in Rikers.
155
00:07:36,198 --> 00:07:39,736
Look, I'm really sorry about what
happened to Billy's girlfriend,
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00:07:39,801 --> 00:07:42,145
but Max was with
me the entire night.
157
00:07:42,637 --> 00:07:44,048
Who's Billy?
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00:07:44,106 --> 00:07:46,609
Billy Fields, the guy who
told me about the party.
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00:07:46,675 --> 00:07:48,052
He was there with May.
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00:07:48,110 --> 00:07:49,248
Where can we find him?
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00:07:51,279 --> 00:07:54,089
I don't know. Greenwich
Paper, down on 12th Street.
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00:07:57,352 --> 00:08:02,165
Ever since it happened,
it's like a nightmare.
163
00:08:02,657 --> 00:08:05,638
Well, you want to tell us
exactly what happened?
164
00:08:05,694 --> 00:08:08,140
I wanted to
explain it to someone.
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00:08:09,131 --> 00:08:12,078
My friend Louis said that...
Louis?
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00:08:12,134 --> 00:08:16,344
Louis Morse. He said
that I should report it.
167
00:08:19,841 --> 00:08:21,616
I was scared.
Hey, that's okay.
168
00:08:21,676 --> 00:08:24,748
Something like this
happens, people get scared.
169
00:08:25,313 --> 00:08:27,293
I didn't know
what to do, you know.
170
00:08:28,750 --> 00:08:32,664
I mean, just a party.
171
00:08:32,721 --> 00:08:34,826
It was just a regular party.
172
00:08:34,890 --> 00:08:37,928
May planned it a while ago, when she heard
her parents were going out of town.
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00:08:37,993 --> 00:08:39,904
So, what happened at the party?
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00:08:39,961 --> 00:08:41,338
BILLY: I got there late,
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00:08:41,997 --> 00:08:45,376
and I was just
taking off my coat
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00:08:45,434 --> 00:08:48,074
when Louis pulled
me into May's bedroom.
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00:08:49,271 --> 00:08:53,845
And he had this gun. I don't
know where he got it.
178
00:08:55,744 --> 00:08:58,588
And we were looking at
it when May came in.
179
00:09:00,582 --> 00:09:02,823
And she was hysterical.
180
00:09:02,884 --> 00:09:06,354
She was telling us
how she got this letter,
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00:09:09,090 --> 00:09:12,435
and that she had AIDS.
182
00:09:14,229 --> 00:09:17,005
And she was crying,
and saying it wasn't fair.
183
00:09:17,532 --> 00:09:21,708
I freaked. I was like, I kept
telling her, "Are you sure?"
184
00:09:23,338 --> 00:09:25,045
She said yes.
185
00:09:25,474 --> 00:09:27,420
I thought maybe I had it, too.
186
00:09:28,577 --> 00:09:30,181
(STUTTERS)
187
00:09:30,245 --> 00:09:32,748
She told me to
put down the gun,
188
00:09:32,814 --> 00:09:35,761
and she picked it up,
and somehow it went off.
189
00:09:38,320 --> 00:09:40,357
I don't even know
what happened then.
190
00:09:42,524 --> 00:09:44,435
I thought I killed her.
191
00:09:45,660 --> 00:09:47,105
And I was scared.
192
00:09:47,162 --> 00:09:49,574
Louis and I,
we just booked together.
193
00:09:49,631 --> 00:09:53,909
God, I mean, I'm so sorry.
194
00:09:56,705 --> 00:09:59,083
We got him in interrogation,
waiting on his lawyer.
195
00:09:59,140 --> 00:10:02,849
She tells him she's got AIDS, he
freaks and accidentally shoots her.
196
00:10:03,278 --> 00:10:04,279
You buy that story?
197
00:10:04,546 --> 00:10:05,581
Well, he's a mess,
198
00:10:05,647 --> 00:10:08,526
but his friend, Louis Morse,
confirms everything.
199
00:10:08,583 --> 00:10:09,789
So, there's a struggle.
200
00:10:09,851 --> 00:10:12,923
Maybe he wanted to kill her because
he was afraid she'd given him AIDS,
201
00:10:12,988 --> 00:10:14,399
and she tried to stop him?
202
00:10:14,456 --> 00:10:16,697
We're having the M.E. check
if the girl was HIV positive,
203
00:10:16,758 --> 00:10:18,965
and if the wound makes
the boy's story possible.
204
00:10:19,027 --> 00:10:20,938
Well, book Max for criminal
possession of the weapon,
205
00:10:20,996 --> 00:10:24,000
charge Billy with murder two,
and talk to May's parents.
206
00:10:24,065 --> 00:10:25,942
Find out what they know
about Billy.
207
00:10:26,535 --> 00:10:29,311
HIV? What are you talking about?
What are they talking about?
208
00:10:29,371 --> 00:10:30,714
We're just trying to confirm...
209
00:10:30,772 --> 00:10:31,876
My daughter's dead,
210
00:10:32,674 --> 00:10:34,620
and you come here
telling me she...
211
00:10:35,343 --> 00:10:37,345
Who told you that?
Mr. Kiley, I...
212
00:10:37,412 --> 00:10:39,016
Whoever told you that
is a liar.
213
00:10:39,080 --> 00:10:41,185
My daughter was
not sexually active.
214
00:10:42,217 --> 00:10:45,687
She was fitted for a diaphragm
a little over a year ago.
215
00:10:45,754 --> 00:10:47,392
She what?
216
00:10:47,989 --> 00:10:49,696
May was a late bloomer.
217
00:10:50,525 --> 00:10:52,163
She came to me
for advice, and I...
218
00:10:52,227 --> 00:10:54,605
Why didn't you tell me this?
219
00:10:54,663 --> 00:10:57,473
Because she was afraid you would
react the way you're reacting.
220
00:10:59,768 --> 00:11:01,441
Who was she sleeping with?
221
00:11:01,503 --> 00:11:02,880
I didn't ask.
222
00:11:06,474 --> 00:11:08,385
What is the detective
looking for?
223
00:11:08,443 --> 00:11:10,389
Oh, he'll be finished
in a minute.
224
00:11:10,745 --> 00:11:14,318
Did May ever talk about
getting tested for HIV?
225
00:11:16,251 --> 00:11:19,130
What can you tell me about
her friend, Billy Fields?
226
00:11:19,187 --> 00:11:20,962
We met him a couple of times.
227
00:11:22,123 --> 00:11:24,865
He seemed like
a very sweet boy.
228
00:11:25,560 --> 00:11:27,767
I didn't know
he was her boyfriend.
229
00:11:27,862 --> 00:11:29,136
(DOOR OPENING)
230
00:11:29,631 --> 00:11:33,306
Found this in one of her school books.
"May, we have to talk."
231
00:11:33,368 --> 00:11:35,177
"It's very important. Lana."
232
00:11:35,470 --> 00:11:36,471
Who's Lana?
233
00:11:38,073 --> 00:11:42,215
There's a Lana Madison
in her chorus.
234
00:11:42,277 --> 00:11:44,484
I don't think they
were friends, though.
235
00:11:48,149 --> 00:11:51,460
May, and this girl from Spence,
Grace Leonard, and me,
236
00:11:51,519 --> 00:11:53,260
we all went out
with the same guy.
237
00:11:54,189 --> 00:11:57,102
Me, about a year
and a half ago,
238
00:11:57,158 --> 00:12:00,833
and then Grace a year ago,
and May nine, 10 months ago.
239
00:12:00,895 --> 00:12:02,670
He bounced from Grace to her.
240
00:12:02,731 --> 00:12:04,005
Who was the guy?
241
00:12:04,099 --> 00:12:06,773
I only know his
street name. Twist.
242
00:12:07,369 --> 00:12:08,905
Do you know
where we can find him?
243
00:12:08,970 --> 00:12:11,314
I don't know. I haven't
seen him around lately.
244
00:12:11,373 --> 00:12:12,443
Does he go to school with you?
245
00:12:12,507 --> 00:12:13,542
No, he's older.
246
00:12:13,842 --> 00:12:14,912
Couple of years.
247
00:12:14,976 --> 00:12:15,977
Do you know where he lives?
248
00:12:16,044 --> 00:12:18,081
No, he just hangs
around the scene.
249
00:12:18,146 --> 00:12:19,284
So, where did you...
250
00:12:19,347 --> 00:12:20,985
LANA: My parents' place.
251
00:12:21,049 --> 00:12:22,392
They were out.
252
00:12:23,618 --> 00:12:25,188
What about May's
current boyfriend?
253
00:12:25,253 --> 00:12:29,030
Billy? He's a shy kid.
You know, more May's speed.
254
00:12:29,791 --> 00:12:31,202
Not like Twist.
255
00:12:31,760 --> 00:12:33,865
I can't imagine him
shooting anybody.
256
00:12:33,928 --> 00:12:35,566
Sounds like you
don't like Twist.
257
00:12:36,031 --> 00:12:40,446
Yeah, well... No, like three
weeks after we broke up,
258
00:12:40,902 --> 00:12:45,510
I ran into him at a party,
and he told me he had AIDS,
259
00:12:45,774 --> 00:12:47,276
so I probably had it,
260
00:12:47,676 --> 00:12:49,178
and then he laughed.
261
00:12:49,944 --> 00:12:51,321
And I thought
it was a sick joke.
262
00:12:51,379 --> 00:12:54,986
He was just trying to get
back at me for dumping him.
263
00:12:55,050 --> 00:12:59,328
But two weeks ago, I had
to go get tested for VD,
264
00:13:00,288 --> 00:13:02,632
and I found out
Twist wasn't joking.
265
00:13:04,826 --> 00:13:05,827
I'm sorry.
266
00:13:07,796 --> 00:13:08,797
What do you guys say?
267
00:13:08,863 --> 00:13:11,469
"Can't do the time,
don't do the crime?"
268
00:13:12,367 --> 00:13:16,372
That's what it feels like. You know,
like I'm some sort of criminal.
269
00:13:17,272 --> 00:13:18,444
You getting help?
270
00:13:18,506 --> 00:13:22,079
Yeah, I got a good doctor. At
least my parents say he's good,
271
00:13:22,677 --> 00:13:24,588
and now they get to
congratulate themselves
272
00:13:24,646 --> 00:13:26,353
on being understanding.
273
00:13:27,882 --> 00:13:30,988
(SIGHS) This Twist, would Grace
know where we can find him?
274
00:13:31,052 --> 00:13:35,501
I tried to contact
Grace, too, to tell her,
275
00:13:36,358 --> 00:13:37,735
but she already knew.
276
00:13:38,626 --> 00:13:39,969
She died.
277
00:13:40,562 --> 00:13:41,870
AIDS.
278
00:13:42,030 --> 00:13:43,907
Pneumonia. Last month.
279
00:13:43,965 --> 00:13:45,911
Look, Twist is a jerk.
280
00:13:45,967 --> 00:13:49,312
Hey, he even bragged about
infecting as many girls as he can.
281
00:13:49,370 --> 00:13:51,179
Taking us all with him.
282
00:14:00,149 --> 00:14:02,755
CURTIS: The M.E. confirmed
that May was HIV positive,
283
00:14:02,818 --> 00:14:05,162
and the angle of the wound makes
the boy's story possible.
284
00:14:05,221 --> 00:14:06,564
We've got the kid's statement.
285
00:14:06,622 --> 00:14:07,930
Confirmation from the witness?
286
00:14:08,023 --> 00:14:10,503
Yes. He saw the fight.
I talked to Billy's lawyer.
287
00:14:10,760 --> 00:14:12,262
What do we know about the boy?
288
00:14:12,328 --> 00:14:14,171
CURTIS: By all reports,
a good kid, good student.
289
00:14:14,730 --> 00:14:16,300
So, we're not talking
a hard case here.
290
00:14:16,365 --> 00:14:18,606
It sounds like it
happened the way he said.
291
00:14:19,435 --> 00:14:21,642
Freaked out, the gun went off.
292
00:14:21,704 --> 00:14:23,342
I'm inclined to make the deal.
293
00:14:23,406 --> 00:14:26,216
Okay. We close
the books on Billy.
294
00:14:26,275 --> 00:14:28,277
I wish they were all this easy.
295
00:14:28,344 --> 00:14:30,085
What about this
other guy, Twist?
296
00:14:30,146 --> 00:14:31,489
VAN BUREN: What about him?
297
00:14:31,547 --> 00:14:33,686
He's purposely infecting
women to kill them.
298
00:14:33,749 --> 00:14:34,853
BRISCOE:
He bragged about it.
299
00:14:34,917 --> 00:14:37,454
Said he was going to take as
many girls with him as he could.
300
00:14:37,520 --> 00:14:40,160
Well, isn't this something we should
hand off to the Health Department?
301
00:14:40,222 --> 00:14:41,758
LT, he's dangerous.
302
00:14:42,324 --> 00:14:43,598
VAN BUREN: I don't know.
303
00:14:43,659 --> 00:14:45,536
CURTIS: It's at least
attempted murder.
304
00:14:45,594 --> 00:14:49,007
And what? We get him to plead down to man two?
It's a stretch.
305
00:14:50,633 --> 00:14:52,135
I vote with Curtis.
306
00:14:52,201 --> 00:14:55,080
It appears we have a good kid who
accidentally killed his girlfriend,
307
00:14:55,137 --> 00:14:57,617
and maybe a bad one who's
deliberately infecting women.
308
00:14:57,673 --> 00:14:58,674
Well, pick him up.
309
00:14:58,741 --> 00:15:00,550
We'll worry about
how to keep him later.
310
00:15:00,609 --> 00:15:03,351
Start with the clinic
where the girl got tested.
311
00:15:06,348 --> 00:15:08,055
MALLON: We get a list
of sexual encounters
312
00:15:08,117 --> 00:15:10,927
from everyone who tests
positive for HIV.
313
00:15:10,986 --> 00:15:13,262
We contact these people,
we urge them to get tested.
314
00:15:13,322 --> 00:15:16,166
We get from them their list of
sexual encounters, and so on.
315
00:15:16,225 --> 00:15:18,296
Well, Lana Madison told
us she got tested here.
316
00:15:18,360 --> 00:15:20,067
This is the letter
you sent her.
317
00:15:20,162 --> 00:15:22,938
We're hoping you traced
the guy who infected her.
318
00:15:24,033 --> 00:15:25,034
The records are confidential.
319
00:15:25,100 --> 00:15:28,479
Hey, we got somebody out there who's
infecting these people on purpose.
320
00:15:29,505 --> 00:15:33,180
All right. I can tell you
in the past three months,
321
00:15:33,242 --> 00:15:37,315
half a dozen girls who tested
positive gave overlapping contacts.
322
00:15:38,013 --> 00:15:39,424
One guy?
323
00:15:39,482 --> 00:15:42,088
We found out he tested positive
about a year and a half ago.
324
00:15:42,151 --> 00:15:43,186
We're gonna need his name.
325
00:15:43,519 --> 00:15:45,192
The rules make no exceptions.
326
00:15:45,254 --> 00:15:46,790
Listen, while we're
standing here talking,
327
00:15:46,856 --> 00:15:48,529
he could be out
infecting somebody else.
328
00:15:48,591 --> 00:15:50,093
If half the time,
money and effort
329
00:15:50,159 --> 00:15:52,537
you're spending trying to find this
guy went into sex education...
330
00:15:52,595 --> 00:15:55,041
We work for the Police Department,
not the School Department.
331
00:15:55,097 --> 00:15:56,474
And I work for
the Health Department,
332
00:15:56,532 --> 00:15:59,809
which does not disclose
confidential information.
333
00:15:59,869 --> 00:16:00,870
Excuse me.
334
00:16:02,204 --> 00:16:03,979
We can't get this kid's name
from the Health Department.
335
00:16:04,039 --> 00:16:05,279
So, we can't get
him off the street.
336
00:16:05,341 --> 00:16:06,786
He'll keep spreading
the disease.
337
00:16:07,576 --> 00:16:09,613
This kind of thing
makes judges very nervous.
338
00:16:09,678 --> 00:16:11,521
We're dealing with a
Constitutional issue here.
339
00:16:11,580 --> 00:16:12,684
The right to privacy.
340
00:16:12,748 --> 00:16:14,352
What about the right to life?
341
00:16:14,416 --> 00:16:17,226
The city health codes are pretty
specific about confidentiality.
342
00:16:17,286 --> 00:16:18,697
So, you're saying what?
343
00:16:18,754 --> 00:16:20,665
We back off and let
this guy spread death
344
00:16:20,723 --> 00:16:22,896
as quickly as he can get those
kids to kick up their heels?
345
00:16:23,459 --> 00:16:26,201
(SIGHS) Okay,
I'll file a motion.
346
00:16:26,262 --> 00:16:28,139
Look, we're all
in agreement here.
347
00:16:28,197 --> 00:16:29,608
This is a crime.
348
00:16:30,366 --> 00:16:31,902
I sure hope so.
349
00:16:35,404 --> 00:16:38,908
People v. Rodriguez. The defendant was
compelled to undergo an AIDS blood test.
350
00:16:38,974 --> 00:16:41,477
The People are not asking
a suspect to take a test.
351
00:16:41,543 --> 00:16:44,023
They're asking us to release the
test results on a third party.
352
00:16:44,079 --> 00:16:45,524
The issues of privacy
are the same.
353
00:16:45,848 --> 00:16:48,692
In Rodriguez, the defendant was
charged with sexual assault.
354
00:16:48,751 --> 00:16:51,197
The victim moved to determine
her attacker's HIV status
355
00:16:51,253 --> 00:16:53,028
for her own peace of mind.
356
00:16:53,088 --> 00:16:55,227
Ms. Ross seeks to turn
Rodriguez on its head.
357
00:16:55,291 --> 00:16:56,998
Your Honor, if we don't get
this man off the street,
358
00:16:57,059 --> 00:16:58,265
he will infect more women,
359
00:16:58,327 --> 00:17:00,637
and we can't get him off the
street if we don't know who he is.
360
00:17:00,696 --> 00:17:02,835
VESSAS: There's a larger
consideration here, Judge.
361
00:17:02,898 --> 00:17:04,707
The need for secrecy
to encourage those people
362
00:17:04,767 --> 00:17:06,678
who may be infected
to get tested,
363
00:17:06,735 --> 00:17:09,272
and for those people who are
infected to seek treatment.
364
00:17:09,338 --> 00:17:12,080
If the D.A. can force disclosure,
people infected with HIV
365
00:17:12,141 --> 00:17:14,314
are going to avoid the city Health
Department like the plague.
366
00:17:15,611 --> 00:17:18,114
Ms. Ross, if I order
these records unsealed,
367
00:17:18,180 --> 00:17:20,182
won't I send the AIDS
community a message
368
00:17:20,249 --> 00:17:22,422
that confidentiality is
out the window?
369
00:17:22,484 --> 00:17:24,521
The People's need for
this information is limited.
370
00:17:24,586 --> 00:17:26,497
We're not asking for
all records to be unsealed.
371
00:17:26,555 --> 00:17:28,501
Only one order
about one individual.
372
00:17:28,557 --> 00:17:32,937
Which is how it starts. If
one, why not two, 10,100?
373
00:17:32,995 --> 00:17:35,874
Rodriguez presented unprecedented
issues in this state.
374
00:17:35,931 --> 00:17:38,002
In that case, the suspect
had already been arrested.
375
00:17:38,100 --> 00:17:41,274
In this case, we're breaking
confidentiality to make an arrest.
376
00:17:41,337 --> 00:17:42,782
We're in uncharted waters here.
377
00:17:42,838 --> 00:17:44,044
Is there a crime here?
378
00:17:44,106 --> 00:17:45,847
That's what we're
trying to determine.
379
00:17:45,908 --> 00:17:47,581
That's why we need
to talk to him.
380
00:17:51,880 --> 00:17:53,860
Given both the seriousness
of the consequences
381
00:17:53,916 --> 00:17:55,520
and the urgency of the matter,
382
00:17:55,584 --> 00:17:57,996
I'm inclined to lean a little on
the side of protecting the health,
383
00:17:58,053 --> 00:18:00,590
and perhaps the life of those
who are in danger of infection
384
00:18:00,656 --> 00:18:03,660
over a right that is not
a matter of life and death.
385
00:18:03,726 --> 00:18:06,002
You've got your records
unsealed, Counselor.
386
00:18:07,630 --> 00:18:09,405
We're looking for
a kid named Twist.
387
00:18:09,465 --> 00:18:11,035
Last known address,
your building.
388
00:18:11,100 --> 00:18:12,204
Didn't give an apartment.
389
00:18:12,268 --> 00:18:16,307
Stark. That's it. Kenny Stark,
in what's-his-name's place.
390
00:18:16,372 --> 00:18:17,476
A real pain in the ass.
391
00:18:17,539 --> 00:18:18,574
Which apartment?
392
00:18:19,208 --> 00:18:21,916
I haven't seen him since,
what month is this?
393
00:18:21,977 --> 00:18:23,388
He moved out, huh?
Mmm-hmm.
394
00:18:23,445 --> 00:18:24,890
We need to find him, fast.
395
00:18:25,881 --> 00:18:29,158
Well, you know Village Blues, two blocks up?
You can't miss it.
396
00:18:29,218 --> 00:18:30,856
He used to work in the kitchen.
397
00:18:30,919 --> 00:18:31,920
Thanks.
398
00:18:35,057 --> 00:18:37,833
Yeah, he washed dishes
whenever he needs the cash.
399
00:18:39,629 --> 00:18:41,734
I haven't seen him for awhile.
400
00:18:41,797 --> 00:18:42,867
Romeo, right?
401
00:18:44,066 --> 00:18:47,309
Different girl every
time he comes in. Young.
402
00:18:47,737 --> 00:18:48,943
You know the type.
403
00:18:49,005 --> 00:18:51,281
Gets the girls by
playing the doomed artist.
404
00:18:52,441 --> 00:18:53,977
And they're so dumb.
405
00:18:54,043 --> 00:18:56,683
They see him shooting smack,
and want to take care of him.
406
00:18:56,746 --> 00:18:58,657
CURTIS: He do
a lot of drugs?
407
00:18:58,714 --> 00:19:01,251
Not really his thing. Just
enough to convince himself
408
00:19:01,317 --> 00:19:02,523
that he's not middle class,
409
00:19:02,585 --> 00:19:05,498
and convince the girls
that he's a tortured soul.
410
00:19:06,088 --> 00:19:07,863
You know where he lives?
Around.
411
00:19:07,924 --> 00:19:10,268
Anybody who's stupid
enough to take him in.
412
00:19:10,326 --> 00:19:12,397
Like that kid he was
with the other night.
413
00:19:12,461 --> 00:19:15,032
She was putting up those
flyers about that lost cat.
414
00:19:18,301 --> 00:19:20,178
What, the Siamese?
Manx.
415
00:19:21,170 --> 00:19:22,376
Got it.
416
00:19:24,740 --> 00:19:26,720
Are you here about my cat?
417
00:19:26,776 --> 00:19:28,949
Actually we're looking
for Kenny Stark.
418
00:19:30,246 --> 00:19:31,816
Twist.
419
00:19:32,048 --> 00:19:33,618
What for?
Is he in trouble?
420
00:19:34,183 --> 00:19:35,560
Is he staying with you?
421
00:19:36,986 --> 00:19:38,021
What's he done?
422
00:19:38,087 --> 00:19:39,464
CURTIS: Is he here?
423
00:19:39,522 --> 00:19:40,933
He just went out.
424
00:19:40,990 --> 00:19:42,128
BRISCOE: Where'd he go?
425
00:19:42,625 --> 00:19:46,402
He's in this band. They've
got this big gig coming up.
426
00:19:46,462 --> 00:19:47,532
I mean, it's not definite,
427
00:19:47,597 --> 00:19:49,406
but this A&R guy's gonna
come down and check them out,
428
00:19:49,465 --> 00:19:51,775
and they're going to get
this big recording contract.
429
00:19:51,834 --> 00:19:53,006
You should hear them.
430
00:19:53,069 --> 00:19:54,742
Well, maybe we can
go hear them rehearse.
431
00:19:56,072 --> 00:19:58,143
Hey, it's nothing
for you to worry about.
432
00:19:59,742 --> 00:20:03,246
(SIGHS) East Third, 413.
Over the laundromat.
433
00:20:04,146 --> 00:20:05,147
You his girl?
434
00:20:06,749 --> 00:20:08,251
Yeah.
435
00:20:08,551 --> 00:20:10,588
Did Kenny tell you he was sick?
436
00:20:12,421 --> 00:20:13,422
What do you mean?
437
00:20:14,891 --> 00:20:18,304
Listen, don't go anyplace. We're
gonna have to talk to you, okay?
438
00:20:22,999 --> 00:20:25,070
We're looking for Twist.
439
00:20:25,134 --> 00:20:27,876
Hey, it's okay. I got this
problem with my eyes.
440
00:20:27,937 --> 00:20:29,712
See, I can't see
anything but Twist.
441
00:20:29,772 --> 00:20:31,683
I can't even see you.
Where is he?
442
00:20:39,715 --> 00:20:41,092
(GLASS CLANKING)
443
00:20:42,385 --> 00:20:43,728
STARK: Hey, no, baby,
444
00:20:43,786 --> 00:20:46,130
I don't use rubbers.
It's better bareback.
445
00:20:46,188 --> 00:20:47,428
CURTIS: Police!
STARK: What's going on?
446
00:20:47,490 --> 00:20:49,367
CURTIS: Get out of bed. Let's go.
How the hell?
447
00:20:49,425 --> 00:20:50,460
Stand up.
448
00:20:50,526 --> 00:20:52,665
Kenny Stark, you're under arrest
for the murder of Grace Leonard,
449
00:20:52,728 --> 00:20:54,867
and the attempted
murder of Lana Madison.
450
00:20:54,931 --> 00:20:56,808
WOMAN: Twist. You've got the
right to remain silent.
451
00:20:56,866 --> 00:20:59,870
Anything you do say can and will be
used against you in a court of law.
452
00:21:02,038 --> 00:21:05,679
"Docket number 27341.
People v. Kenneth Stark."
453
00:21:06,075 --> 00:21:07,748
One count Murder
in the Second Degree.
454
00:21:07,810 --> 00:21:10,290
Four counts Attempted Murder
in the Second Degree.
455
00:21:10,346 --> 00:21:11,848
Mr. Stark,
how do you plead?
456
00:21:11,914 --> 00:21:13,291
Not guilty, Your Honor.
457
00:21:13,349 --> 00:21:14,692
The People request remand.
458
00:21:14,750 --> 00:21:16,457
Mr. Stark is
not a flight risk.
459
00:21:16,519 --> 00:21:19,159
He's a threat to the community.
Mr. Stark is HIV positive...
460
00:21:19,221 --> 00:21:22,395
So, we put everyone with
AIDS in internment camps?
461
00:21:22,458 --> 00:21:23,903
Not everyone with AIDS,
Your Honor.
462
00:21:23,960 --> 00:21:25,769
Just those who
deliberately infect others.
463
00:21:25,828 --> 00:21:27,705
MARGINI: From the beginning
of the AIDS crisis,
464
00:21:27,763 --> 00:21:30,903
quarantine has been consistently
rejected as an option.
465
00:21:31,267 --> 00:21:33,577
"The power given by statute
to isolate a person"
466
00:21:33,636 --> 00:21:36,515
"is dependent upon his infections
or contagious disease."
467
00:21:36,572 --> 00:21:37,676
Smith v. Emery.
468
00:21:37,740 --> 00:21:43,554
1896. And, Your Honor, the most
recent applicable law is from 1947.
469
00:21:43,612 --> 00:21:45,216
We're talking ancient history.
470
00:21:45,281 --> 00:21:47,659
Is Mr. Margini suggesting
the court ignore precedent?
471
00:21:47,717 --> 00:21:51,824
Is Ms. Ross suggesting the court
ignore basic Constitutional rights?
472
00:21:51,887 --> 00:21:55,266
Mr. Stark has no Constitutional
right to place others at risk.
473
00:21:55,324 --> 00:21:57,770
All right, Counselors,
settle down.
474
00:21:57,827 --> 00:21:59,738
Defendant is
remanded to custody.
475
00:22:01,097 --> 00:22:02,940
Think you're a little hasty?
476
00:22:02,999 --> 00:22:04,637
We have a serial
killer on the streets.
477
00:22:04,700 --> 00:22:06,941
I'm not sure prudence
dictates we go slow.
478
00:22:07,003 --> 00:22:08,778
We're not talking
about a serial killer.
479
00:22:08,838 --> 00:22:12,615
All right, a serial killer can murder
what, two, three, half a dozen?
480
00:22:12,675 --> 00:22:15,679
Stark can infect,
kill dozens, hundreds.
481
00:22:15,745 --> 00:22:17,190
What he did is clearly a crime.
482
00:22:17,246 --> 00:22:19,317
In a perfect world.
483
00:22:19,382 --> 00:22:21,988
But in this one, under the
system of laws that we have...
484
00:22:22,051 --> 00:22:25,589
Just before he was being arrested, the
police heard Stark say to a girl,
485
00:22:25,654 --> 00:22:27,133
"It's better bareback."
486
00:22:28,290 --> 00:22:29,394
What?
487
00:22:29,458 --> 00:22:31,301
ROSS: He didn't want
to use a condom.
488
00:22:31,360 --> 00:22:32,430
Brother.
489
00:22:32,495 --> 00:22:35,738
JACK: And he told one girl he wanted
to infect as many women as he could.
490
00:22:35,798 --> 00:22:37,004
It's a crime, Adam.
491
00:22:37,066 --> 00:22:38,841
Is it one we want to prosecute?
492
00:22:39,301 --> 00:22:42,077
A lot of people are gonna
see this as a signal
493
00:22:42,138 --> 00:22:44,744
for open season
on people with AIDS.
494
00:22:45,174 --> 00:22:47,279
That's a political
consideration, Adam.
495
00:22:47,343 --> 00:22:50,415
Political. Just possibly
Constitutional.
496
00:22:50,479 --> 00:22:54,518
People are dying. We have the
tools to stop it. Let's use them.
497
00:22:54,583 --> 00:22:56,256
No one gave consent
to get infected.
498
00:22:56,318 --> 00:22:58,889
The Health Department
traces these things.
499
00:22:58,954 --> 00:23:00,797
This is their responsibility.
500
00:23:00,856 --> 00:23:04,360
Sure, to trace them,
not to stop them.
501
00:23:04,427 --> 00:23:06,634
The Health Department
is not the sex police.
502
00:23:07,196 --> 00:23:09,176
Besides, these kids
don't even report it.
503
00:23:10,299 --> 00:23:11,835
And you think that this case...
504
00:23:11,901 --> 00:23:13,403
Could save
some lives? Sure.
505
00:23:13,469 --> 00:23:15,415
Well, we're not here
to start a crusade.
506
00:23:15,471 --> 00:23:17,781
And I'm not on a crusade.
507
00:23:17,840 --> 00:23:21,287
We can't save everyone from
getting shot on the street,
508
00:23:21,343 --> 00:23:23,823
and I know we can't save
everyone who gets AIDS.
509
00:23:23,879 --> 00:23:25,984
It is our job to
prosecute anyone
510
00:23:26,048 --> 00:23:27,652
who's responsible for
the death of another.
511
00:23:27,716 --> 00:23:30,162
Playing into the
worst kinds of prejudice.
512
00:23:30,219 --> 00:23:32,199
It'll be on the front
page of every newspaper.
513
00:23:32,254 --> 00:23:33,995
I don't want that.
514
00:23:34,857 --> 00:23:37,701
Get Stark to plead out.
Do what you have to.
515
00:23:40,563 --> 00:23:42,167
(DOOR BUZZING)
516
00:23:45,001 --> 00:23:47,072
Anne Paulsen. Kagan,
Romero, Schoenholtz.
517
00:23:47,136 --> 00:23:49,343
I'll be handling Mr. Stark's
case from here on in.
518
00:23:49,405 --> 00:23:50,645
Where's Mr. Margini?
519
00:23:50,707 --> 00:23:52,152
He went back to
defending streetwalkers.
520
00:23:52,208 --> 00:23:53,380
(STARK CHUCKLING)
521
00:23:53,443 --> 00:23:55,320
JACK: Your client's
easily amused?
522
00:23:55,378 --> 00:23:57,517
That's not half as
funny as the charges.
523
00:23:57,580 --> 00:23:59,218
What's your interest
in this case?
524
00:23:59,282 --> 00:24:02,661
Her weekly golf game with my mother
who lives next door in Ardsley.
525
00:24:02,719 --> 00:24:03,891
And a very large retainer.
526
00:24:03,953 --> 00:24:04,954
Kenny.
527
00:24:05,021 --> 00:24:06,694
I didn't notice them
at the arraignment.
528
00:24:06,756 --> 00:24:08,064
They're suddenly concerned?
529
00:24:08,124 --> 00:24:09,899
Yeah, well, we haven't seen
much of each other lately.
530
00:24:09,959 --> 00:24:11,700
Mr. Stark's been out of
contact with his family
531
00:24:11,761 --> 00:24:12,933
the past couple of years.
532
00:24:13,596 --> 00:24:15,303
His murder spree
took all his time.
533
00:24:15,565 --> 00:24:16,635
(SCOFFS)
534
00:24:16,699 --> 00:24:20,010
Look, do you want to
tell me what happened?
535
00:24:20,436 --> 00:24:22,109
I can assure you, Mr. McCoy,
536
00:24:22,205 --> 00:24:25,186
his parents will do everything
they can to help their boy.
537
00:24:25,241 --> 00:24:27,050
We're ready to offer man one.
538
00:24:27,477 --> 00:24:29,514
Three-to-nine, and
he names his contacts.
539
00:24:29,579 --> 00:24:31,718
So you can manufacture
more fake charges?
540
00:24:32,015 --> 00:24:34,052
So we can alert
your client's victims.
541
00:24:34,717 --> 00:24:37,755
Victims? We all know
the charges are bogus.
542
00:24:37,820 --> 00:24:41,700
His irresponsibility is sad and
immoral, but it isn't a crime.
543
00:24:41,758 --> 00:24:43,635
I'm moving to dismiss.
544
00:24:49,699 --> 00:24:52,509
PAULSEN: Mr. McCoy is seeking
to criminalize sexual activity.
545
00:24:52,568 --> 00:24:55,606
No, I'm seeking to impose
criminal sanctions on a murderer.
546
00:24:55,671 --> 00:24:59,141
No matter how irresponsible he may
be, Mr. Stark is not a murderer.
547
00:24:59,208 --> 00:25:01,586
His weapon of choice
may be unusual,
548
00:25:01,644 --> 00:25:04,716
but he's no less deadly than a
common thief who fires a gun.
549
00:25:04,781 --> 00:25:07,694
You can infer intent when
a thief pulls a trigger.
550
00:25:07,750 --> 00:25:11,459
Mr. Stark told one of his victims
he wanted to take them with him.
551
00:25:11,521 --> 00:25:14,434
Your Honor, if you allow Mr. McCoy
to prosecute people with AIDS...
552
00:25:14,490 --> 00:25:17,994
He knowingly infected others
with a deadly disease.
553
00:25:18,061 --> 00:25:19,870
No warning, no protection.
554
00:25:19,929 --> 00:25:21,306
Enough.
555
00:25:21,364 --> 00:25:25,005
It's a sustainable case, Mr. McCoy,
if you can prove intent.
556
00:25:25,335 --> 00:25:26,905
I'm going to let you proceed,
557
00:25:27,503 --> 00:25:30,211
but I'm mindful of the
sensitivity of this issue.
558
00:25:30,273 --> 00:25:33,220
I won't let you turn
this into a witch hunt.
559
00:25:35,545 --> 00:25:37,115
If you go forward
with this case,
560
00:25:37,180 --> 00:25:39,126
you are crucifying
an entire community!
561
00:25:39,182 --> 00:25:42,823
We're not crucifying a community,
we're prosecuting one man.
562
00:25:42,885 --> 00:25:44,421
Who has AIDS!
563
00:25:44,487 --> 00:25:46,865
And who therefore, in the
press, in the public mind...
564
00:25:46,923 --> 00:25:48,561
Nobody has said he's gay.
565
00:25:48,624 --> 00:25:50,331
You think that's going
to make a difference?
566
00:25:50,393 --> 00:25:53,169
You know, people hear
AIDS, they think gays.
567
00:25:53,229 --> 00:25:57,644
The tabloids will use this case to attack
anyone who's HIV positive, which...
568
00:25:57,700 --> 00:25:59,407
Which includes...
Yes.
569
00:25:59,469 --> 00:26:02,382
You've got to think about the
effect that this is going to have!
570
00:26:02,472 --> 00:26:04,315
Therefore, don't
prosecute a murderer
571
00:26:04,373 --> 00:26:08,617
who happens to be a Christian
fundamentalist because people might think
572
00:26:08,678 --> 00:26:10,954
he represents all
Christian fundamentalists.
573
00:26:11,013 --> 00:26:12,048
That it?
574
00:26:12,114 --> 00:26:15,857
The courts don't exist in some
sort of ivory tower, Adam.
575
00:26:15,918 --> 00:26:17,864
All legal decisions
are political.
576
00:26:17,920 --> 00:26:21,094
I don't make decisions about
which cases to prosecute
577
00:26:21,157 --> 00:26:24,161
based on fear of what
the newspapers will say.
578
00:26:25,294 --> 00:26:27,205
I've always
supported you, Adam.
579
00:26:27,263 --> 00:26:30,244
Every time you've come up for
reelection, I've busted my hump for you
580
00:26:30,299 --> 00:26:33,303
and I have never asked
for anything in return.
581
00:26:34,003 --> 00:26:36,347
But if you don't
back off on this one,
582
00:26:37,106 --> 00:26:38,517
I will bury you.
583
00:26:39,175 --> 00:26:40,677
Start digging...
584
00:26:46,482 --> 00:26:49,122
So Judge Al Hoyt
found for the People.
585
00:26:49,552 --> 00:26:51,395
When'd he grow a backbone?
586
00:26:51,454 --> 00:26:53,161
Maybe he has granddaughters.
587
00:26:53,222 --> 00:26:56,396
He's what they used to
call a confirmed bachelor.
588
00:26:56,726 --> 00:26:58,603
Well, you got your crime.
589
00:26:58,895 --> 00:27:01,307
Do you think Paulsen
will consider a plea?
590
00:27:01,364 --> 00:27:04,004
We tried again.
She turned us down.
591
00:27:04,066 --> 00:27:05,773
Establish intent.
592
00:27:06,202 --> 00:27:09,513
Maybe then her
client will wise up.
593
00:27:10,306 --> 00:27:11,944
Establish intent.
594
00:27:13,843 --> 00:27:15,880
This thing's
political poison for him.
595
00:27:16,746 --> 00:27:18,885
Background noise.
Ignore it.
596
00:27:19,582 --> 00:27:22,324
Let's start with the victims.
Lana Madison?
597
00:27:22,385 --> 00:27:24,331
We have her sworn statement.
The girl in the loft?
598
00:27:24,387 --> 00:27:25,457
She's on board.
599
00:27:25,521 --> 00:27:28,161
Stark's girlfriend,
Leslie Crowell?
600
00:27:28,624 --> 00:27:29,864
I'll talk to her.
601
00:27:32,995 --> 00:27:35,475
Those girls you
said he infected?
602
00:27:35,531 --> 00:27:36,771
Twist isn't that kind of guy.
603
00:27:36,832 --> 00:27:38,607
I mean, I know him.
You don't.
604
00:27:38,668 --> 00:27:39,806
I know what he did.
605
00:27:39,869 --> 00:27:41,780
You know what they said he did.
606
00:27:41,837 --> 00:27:43,111
What do you know about them?
607
00:27:43,172 --> 00:27:44,651
One's dead from AIDS.
608
00:27:44,707 --> 00:27:45,845
Another's infected.
609
00:27:46,075 --> 00:27:47,247
I don't have AIDS.
610
00:27:47,310 --> 00:27:48,448
You been checked out?
611
00:27:48,511 --> 00:27:50,047
My blood's okay.
612
00:27:50,613 --> 00:27:51,751
What clinic?
613
00:27:54,283 --> 00:27:57,526
Leslie, this is important. You
have to get a test. Please.
614
00:27:57,587 --> 00:27:58,998
What do you care?
615
00:27:59,055 --> 00:28:02,593
I'll take you. Sometimes it's
easier if someone goes with you.
616
00:28:04,694 --> 00:28:07,334
I went to see Twist.
In the Tombs.
617
00:28:09,832 --> 00:28:12,278
My mom kicked me out of the
house after my dad died.
618
00:28:12,869 --> 00:28:18,182
When I met Twist, he told me he'd
been waiting for me all his life.
619
00:28:19,542 --> 00:28:23,820
My mom, my dad, they never
even told me they loved me.
620
00:28:24,413 --> 00:28:26,120
Leslie, how long
have you known him?
621
00:28:27,283 --> 00:28:28,660
Two months.
622
00:28:29,919 --> 00:28:32,832
How do you know those girls
didn't get it from someone else
623
00:28:32,888 --> 00:28:35,494
or needles and
blame it on Twist?
624
00:28:35,558 --> 00:28:39,199
Because, like that girl in Central
Park who was screaming at him?
625
00:28:39,595 --> 00:28:40,699
About what?
626
00:28:40,763 --> 00:28:43,369
When she saw him with his arm
around me, she went crazy,
627
00:28:43,432 --> 00:28:44,536
saying she was
going to get him.
628
00:28:44,600 --> 00:28:46,045
She was going to make him pay.
629
00:28:46,235 --> 00:28:47,339
Because?
630
00:28:47,403 --> 00:28:48,939
Because she was jealous.
631
00:28:50,006 --> 00:28:51,610
Maybe it was because
he gave her AIDS.
632
00:28:51,841 --> 00:28:54,754
Well, she didn't
say anything about that.
633
00:28:54,810 --> 00:28:58,883
She just said she was gonna make him pay.
And she did, didn't she?
634
00:28:59,882 --> 00:29:01,122
You know her name?
635
00:29:01,183 --> 00:29:04,562
She has light brown
hair, she's 5'5 ", 5'6."
636
00:29:07,723 --> 00:29:08,895
ROSS: How long
have you been sick?
637
00:29:08,958 --> 00:29:11,837
It's just a cold.
It's no big deal.
638
00:29:11,894 --> 00:29:13,271
I don't need
anybody's sympathy.
639
00:29:13,329 --> 00:29:15,935
I've got enough trouble
dealing with my parents.
640
00:29:15,998 --> 00:29:18,274
You sure Kenny Stark
gave you HIV?
641
00:29:18,334 --> 00:29:19,836
You can prove it?
Yes.
642
00:29:19,935 --> 00:29:21,972
Details? Partners?
Dates?
643
00:29:22,038 --> 00:29:24,279
This is gonna be embarrassing.
644
00:29:24,340 --> 00:29:26,251
What about meeting him
in the park?
645
00:29:26,309 --> 00:29:27,845
Who told you about that?
646
00:29:27,910 --> 00:29:28,945
Is there a reason to hide it?
647
00:29:29,011 --> 00:29:30,922
No. No. It's just...
648
00:29:30,980 --> 00:29:32,357
Why didn't you tell the police?
649
00:29:32,415 --> 00:29:33,951
Because it would
sound like I accused him
650
00:29:34,016 --> 00:29:36,121
of giving me AIDS
to get back at him.
651
00:29:36,252 --> 00:29:37,287
And did you?
652
00:29:37,353 --> 00:29:39,162
Twist gave me the disease.
653
00:29:39,455 --> 00:29:43,835
(CRYING) Then he laughed. Yeah,
yeah, I want to get back at him.
654
00:29:43,893 --> 00:29:47,705
I'm never gonna get
married or have kids.
655
00:29:48,497 --> 00:29:52,741
I mean, what's the point of staying
in school or going to college?
656
00:29:59,208 --> 00:30:03,213
Even if we don't put Lana on the
stand, Paulsen will. Thank you.
657
00:30:03,312 --> 00:30:05,383
Then she'll put
Leslie on the stand.
658
00:30:05,448 --> 00:30:07,325
Why did she threaten Stark?
659
00:30:07,383 --> 00:30:09,920
Why didn't she tell anyone
about meeting him in the park?
660
00:30:09,986 --> 00:30:11,761
Who else could she
have gotten HIV from?
661
00:30:11,821 --> 00:30:14,995
Reasonable doubt.
I've got reasonable doubt.
662
00:30:15,057 --> 00:30:16,730
Doubt the kid is
telling the truth?
663
00:30:16,792 --> 00:30:19,500
Doubt that a jury will ever
buy it, even if she is.
664
00:30:19,562 --> 00:30:21,439
We don't put Lana on the stand,
665
00:30:21,497 --> 00:30:25,104
the jury doesn't hear Stark's threat.
We lose half our case.
666
00:30:25,167 --> 00:30:27,113
We may lose the other half.
667
00:30:27,470 --> 00:30:30,041
A motion to suppress
Stark's test results.
668
00:30:30,106 --> 00:30:33,747
We can't prove he knew he had
AIDS, we can't prove intent.
669
00:30:38,280 --> 00:30:39,759
PAULSEN: It's black-letter
law, Your Honor.
670
00:30:39,815 --> 00:30:42,557
The doctor-patient
relationship is sacrosanct.
671
00:30:42,618 --> 00:30:44,325
Your Honor, Judge Kaplan
has already ruled
672
00:30:44,386 --> 00:30:45,694
that the records can
be unsealed.
673
00:30:45,955 --> 00:30:47,730
I don't care what
Barbara Kaplan ruled.
674
00:30:47,790 --> 00:30:48,791
Go on, Ms. Paulsen.
675
00:30:48,858 --> 00:30:53,432
Not only is that confidentiality
supported by CPL 3504,
676
00:30:53,496 --> 00:30:56,306
the city's own Health Department
rules specifically state
677
00:30:56,365 --> 00:30:59,209
the identity of AIDS patients
must remain anonymous.
678
00:30:59,268 --> 00:31:03,011
Your Honor, this report is the
only record we could possibly have
679
00:31:03,072 --> 00:31:06,144
of one of the elements of
the crime, namely, intent.
680
00:31:06,208 --> 00:31:07,915
The court must
put aside the fact
681
00:31:07,977 --> 00:31:10,321
that it takes the form
of a medical report.
682
00:31:10,379 --> 00:31:14,327
Well, how does this differ from any
other medical communication, Mr. McCoy?
683
00:31:14,383 --> 00:31:16,454
People v. Thomas,
People v. Fonseca,
684
00:31:16,519 --> 00:31:18,829
People v. Gearhardt,
in all those cases,
685
00:31:18,888 --> 00:31:22,859
the courts ruled that the State's right
to learn if a defendant had AIDS
686
00:31:22,958 --> 00:31:24,266
outweighed his
right to privacy.
687
00:31:24,326 --> 00:31:26,738
PAULSEN: Which is a basic
Constitutional right.
688
00:31:26,796 --> 00:31:29,208
In those cases,
the crime was never in doubt.
689
00:31:29,265 --> 00:31:33,645
In this case, you're trashing the
principles this country was founded on.
690
00:31:33,736 --> 00:31:36,216
Judge, you open this door,
where does it end?
691
00:31:36,272 --> 00:31:39,378
Even the Gay Men's Health Crisis
group has reversed its position,
692
00:31:39,442 --> 00:31:42,651
and come out in favor of doctors
reporting HIV positives
693
00:31:42,711 --> 00:31:43,985
to the State Health Department.
694
00:31:44,046 --> 00:31:46,856
I don't care
what that group does.
695
00:31:46,916 --> 00:31:51,228
The Constitutional issue is not
to be lightly swept aside.
696
00:31:51,287 --> 00:31:54,962
The rules of confidentiality
should not have been breached.
697
00:31:55,024 --> 00:31:58,471
Therefore, the report on Mr. Stark's
condition is suppressed.
698
00:31:58,527 --> 00:32:00,507
PAULSEN: Your Honor,
I am moving to dismiss.
699
00:32:00,563 --> 00:32:03,237
Without evidence of intent, the
charges can't be sustained.
700
00:32:03,332 --> 00:32:06,040
We still have Lana Madison's
statement about Mr. Stark's threat.
701
00:32:06,101 --> 00:32:08,581
That's hearsay from a witness
who could have contracted AIDS
702
00:32:08,637 --> 00:32:10,446
from any number
of sexual partners.
703
00:32:10,506 --> 00:32:12,952
We have her
entire sexual history.
704
00:32:13,008 --> 00:32:14,988
Unless she's forgotten someone,
705
00:32:15,044 --> 00:32:16,990
or is protecting someone,
or lied.
706
00:32:17,046 --> 00:32:19,890
Quite right, Ms. Paulsen. I'm
granting your motion to dismiss,
707
00:32:19,949 --> 00:32:21,553
but I'm staying the order
708
00:32:21,617 --> 00:32:24,325
until what I assume
will be Mr. McCoy's
709
00:32:24,386 --> 00:32:26,423
speedy appeal to
the appellate court.
710
00:32:26,756 --> 00:32:29,965
Now, you've got 48 hours to put
something together, Mr. McCoy.
711
00:32:30,025 --> 00:32:31,231
(GAVEL POUNDS)
712
00:32:32,996 --> 00:32:36,910
McCoy, you're a nice
guy, so I've been nice.
713
00:32:36,966 --> 00:32:40,072
Drop this case, or I'm going
to roast you in the papers.
714
00:32:40,136 --> 00:32:42,377
How's Adam Schiff
going to take to that?
715
00:32:46,743 --> 00:32:48,279
So, it went that well, huh?
716
00:32:48,344 --> 00:32:49,482
Yep.
717
00:32:49,545 --> 00:32:53,357
Forty-eight hours to prove Stark
knew he had AIDS a year ago.
718
00:32:53,416 --> 00:32:56,420
To prove intent all over again.
Make the case from scratch.
719
00:32:56,486 --> 00:32:57,863
Forget it.
720
00:32:57,920 --> 00:33:01,026
Let the 48 hours expire.
Blame it on the judge.
721
00:33:01,090 --> 00:33:02,865
Is it the idea of trying
to protect people
722
00:33:02,925 --> 00:33:05,235
from the consequences of
casual sex that offends you?
723
00:33:05,294 --> 00:33:07,774
Oh, I see.
I'm an old fuddy-duddy.
724
00:33:07,830 --> 00:33:10,902
No, Adam, I just...
And I think it's politics,
725
00:33:10,967 --> 00:33:14,244
and I'm afraid the case
will sink the election?
726
00:33:14,304 --> 00:33:16,511
If we had a chance, I'd
tell you to go ahead,
727
00:33:16,572 --> 00:33:18,051
whatever happens.
728
00:33:18,107 --> 00:33:20,314
But we're past that now.
729
00:33:20,376 --> 00:33:21,719
Cut your losses.
730
00:33:23,579 --> 00:33:26,287
I want to talk to his parents first.
Then we'll see.
731
00:33:26,349 --> 00:33:28,056
Then we'll see.
732
00:33:31,988 --> 00:33:34,400
We went to visit
Kenneth in jail.
733
00:33:35,625 --> 00:33:37,866
He still won't talk to us.
734
00:33:38,528 --> 00:33:42,340
My son hasn't really been part
of the family since he was 16.
735
00:33:43,566 --> 00:33:46,740
Before jail, when was the
last time you spoke to him?
736
00:33:46,803 --> 00:33:49,647
Last spring. When
did he come up here?
737
00:33:49,705 --> 00:33:50,979
Uh...
738
00:33:52,475 --> 00:33:55,046
April.
The dogwood was out.
739
00:33:56,512 --> 00:33:57,786
Didn't even call first.
740
00:34:00,216 --> 00:34:02,890
Last spring. That's around the
time he found out he had AIDS.
741
00:34:02,952 --> 00:34:05,899
Did he say anything to
you about his health?
742
00:34:07,990 --> 00:34:10,732
He came to you because
he was sick, didn't he?
743
00:34:11,127 --> 00:34:12,333
(CLEARS THROAT)
744
00:34:20,303 --> 00:34:22,476
Mr. and Mrs. Stark,
you do understand
745
00:34:22,538 --> 00:34:25,382
that this isn't just
about your son's welfare.
746
00:34:25,475 --> 00:34:27,716
But it is my son
you're asking about.
747
00:34:27,777 --> 00:34:30,314
ROSS: Your son consciously
infected other people.
748
00:34:30,880 --> 00:34:32,382
Just how many, we don't know.
749
00:34:32,482 --> 00:34:34,519
We're aware of what
you're accusing him of.
750
00:34:34,584 --> 00:34:36,427
He has to be stopped.
751
00:34:38,087 --> 00:34:39,327
He should be off the streets.
752
00:34:39,388 --> 00:34:42,062
Don't you think we've been
trying for the last few years?
753
00:34:42,124 --> 00:34:44,627
If he came to you, if he told
you about his condition...
754
00:34:44,694 --> 00:34:46,935
You could use that
to put him in jail.
755
00:34:46,996 --> 00:34:48,669
We've offered to make a deal.
756
00:34:48,731 --> 00:34:50,904
Isn't this something you should
be talking to my lawyer,
757
00:34:50,967 --> 00:34:52,139
my son's lawyer about?
758
00:34:52,401 --> 00:34:55,405
We're willing to reduce the charges
from murder to manslaughter.
759
00:34:55,471 --> 00:34:59,977
Instead of going to jail for 25
years-to-life, he goes for three-to-nine.
760
00:35:01,377 --> 00:35:03,687
Our son may be
dead in three years.
761
00:35:03,746 --> 00:35:06,852
Even if Kenny did come
to us when he was sick,
762
00:35:07,650 --> 00:35:10,153
do you think we would
help you put him in jail?
763
00:35:10,219 --> 00:35:15,567
My son has had problems, I know
that, and he's going to die.
764
00:35:16,292 --> 00:35:18,932
So will a lot of other children,
if you don't help us.
765
00:35:18,995 --> 00:35:20,030
You don't know that.
766
00:35:20,096 --> 00:35:23,703
And you will be just as responsible
for their deaths as he is.
767
00:35:23,766 --> 00:35:26,474
I'm going to live
after my son is gone.
768
00:35:27,203 --> 00:35:29,911
I can't live knowing
he died hating me.
769
00:35:31,507 --> 00:35:34,010
He'll die with us, at home.
770
00:35:36,145 --> 00:35:37,556
Not in jail.
771
00:35:39,615 --> 00:35:42,027
I checked with the Starks'
insurance company.
772
00:35:42,085 --> 00:35:44,895
Mid-April, around the time he
showed up at his parents' house,
773
00:35:44,987 --> 00:35:48,901
Mrs. Stark called the company to see if their
son was still covered under their plan.
774
00:35:48,958 --> 00:35:50,528
There was a note in the file.
775
00:35:50,593 --> 00:35:53,597
So, the kid comes home, tells
his parents he's sick.
776
00:35:53,663 --> 00:35:57,577
The HMO told Mrs. Stark that she
could put her son on the policy
777
00:35:57,633 --> 00:35:59,670
by paying a premium
after he's had a physical.
778
00:35:59,735 --> 00:36:03,478
Which Kenny can't take because
it'll show he's HIV positive.
779
00:36:04,240 --> 00:36:06,220
The parents knew a year ago.
780
00:36:06,275 --> 00:36:08,152
But won't cooperate with us.
781
00:36:08,211 --> 00:36:09,884
Because they still
want to protect him.
782
00:36:09,946 --> 00:36:13,359
Not enough to dig into their own
pockets, get him treatment.
783
00:36:14,083 --> 00:36:16,461
I checked their bank accounts,
stock transactions.
784
00:36:16,519 --> 00:36:19,830
There were substantial withdrawals,
cash, at regular intervals.
785
00:36:19,889 --> 00:36:22,267
His parents were slipping
him money to get help.
786
00:36:22,325 --> 00:36:23,531
We don't know that.
787
00:36:23,593 --> 00:36:26,506
But Stark and his lawyer
don't know we don't.
788
00:36:26,696 --> 00:36:29,108
We can fold or bluff.
789
00:36:33,236 --> 00:36:35,011
We talked to your parents.
790
00:36:35,071 --> 00:36:36,880
We know they
contacted their HMO
791
00:36:36,939 --> 00:36:38,282
to try to get
you on their plan.
792
00:36:38,341 --> 00:36:40,651
Privileged. No jury
will ever hear that.
793
00:36:40,710 --> 00:36:42,747
They made
regular cash withdrawals.
794
00:36:42,812 --> 00:36:44,985
And you can't prove they've
been giving it to my client.
795
00:36:45,047 --> 00:36:47,323
We know you used the money
to get medical help.
796
00:36:47,383 --> 00:36:50,387
Funny thing about cash, McCoy.
It all looks the same.
797
00:36:50,453 --> 00:36:52,558
JACK: You want me to charge
his parents with obstruction?
798
00:36:52,622 --> 00:36:53,930
PAULSEN: What are you
going to charge me with?
799
00:36:53,990 --> 00:36:55,970
Accessory after the fact?
(LAUGHS)
800
00:36:56,025 --> 00:36:57,060
You're dreaming, McCoy.
801
00:36:57,126 --> 00:36:59,128
None of this will fly
with the appellate court.
802
00:36:59,195 --> 00:37:01,175
I'll file again next
year and the year after.
803
00:37:01,230 --> 00:37:02,971
We'll wheel him in on a gurney.
804
00:37:03,232 --> 00:37:05,769
See what the jury
thinks about that.
805
00:37:08,070 --> 00:37:09,208
Conference is over.
806
00:37:12,575 --> 00:37:13,986
(SIGHS)
807
00:37:14,310 --> 00:37:17,154
We've got till the end of
the day to file the appeal.
808
00:37:18,882 --> 00:37:21,385
Maybe I'll have lunch first.
It's Friday.
809
00:37:21,918 --> 00:37:24,228
We might get more
time by being late.
810
00:37:31,528 --> 00:37:33,439
Mr. McCoy. Ms. Ross.
811
00:37:34,597 --> 00:37:37,635
My clerk told me why
you're here. Forget it.
812
00:37:37,700 --> 00:37:39,680
Your Honor, if this
Stark kid gets out,
813
00:37:39,736 --> 00:37:41,909
it's like releasing
Theodore Kaczynski
814
00:37:41,971 --> 00:37:44,281
and giving him
a bomb and a stamp.
815
00:37:44,340 --> 00:37:46,149
I can understand your concern.
816
00:37:46,209 --> 00:37:48,883
But an expedited
appeal with a full panel?
817
00:37:48,945 --> 00:37:50,618
It's 4:00, Friday.
818
00:37:50,947 --> 00:37:51,982
This is urgent.
819
00:37:52,048 --> 00:37:54,324
You know the chances of
finding four of my brethren
820
00:37:54,384 --> 00:37:55,920
to take the bench at this hour?
821
00:37:55,985 --> 00:37:59,125
Judge Hoyt's
stay expires today.
822
00:37:59,823 --> 00:38:02,531
Stark will be out
by tomorrow morning.
823
00:38:02,592 --> 00:38:04,594
You want me to extend
the stay until Monday?
824
00:38:04,661 --> 00:38:08,131
Unless you can find a full
panel now to hear my appeal.
825
00:38:09,632 --> 00:38:13,170
Enjoy your weekend. I think you're
going to have a rough Monday.
826
00:38:14,571 --> 00:38:16,812
Two more days.
What's the next move?
827
00:38:16,873 --> 00:38:20,252
Prove Stark knew he had AIDS.
Stark's girlfriend.
828
00:38:20,977 --> 00:38:23,981
Maybe he told her something
about what he had.
829
00:38:25,882 --> 00:38:28,886
He'd never do anything to hurt anybody.
I know that.
830
00:38:29,853 --> 00:38:31,491
But I don't know.
831
00:38:32,455 --> 00:38:35,993
From where I sit, he doesn't
seem to care about anyone.
832
00:38:36,092 --> 00:38:37,162
Not even you.
833
00:38:37,227 --> 00:38:38,262
That's not true.
834
00:38:38,328 --> 00:38:40,638
I mean, he told me
I had to be protected.
835
00:38:41,231 --> 00:38:43,074
What did he tell you?
836
00:38:43,132 --> 00:38:47,103
He said it wasn't about not
getting pregnant, it was about...
837
00:38:47,604 --> 00:38:49,015
That he was sick.
838
00:38:50,440 --> 00:38:52,977
Did he tell you
he was HIV positive?
839
00:38:53,943 --> 00:38:57,447
He said he was sick, and he
didn't want me to get sick.
840
00:38:58,214 --> 00:39:02,219
I mean, he knew we had to use a
condom, but I didn't want him to.
841
00:39:03,086 --> 00:39:05,692
If he was sick,
whatever it was,
842
00:39:05,755 --> 00:39:07,234
well, it's like
we were married.
843
00:39:07,290 --> 00:39:09,292
"Till death do us part."
844
00:39:14,397 --> 00:39:17,708
He knew he had AIDS. We can
argue intent from that.
845
00:39:17,767 --> 00:39:19,178
Not on our Murder Two.
846
00:39:19,235 --> 00:39:22,614
On the woman he was about to
infect when he was arrested.
847
00:39:22,672 --> 00:39:24,174
Attempted murder.
848
00:39:24,240 --> 00:39:25,583
Based on what
the cops overheard?
849
00:39:25,642 --> 00:39:26,916
Mmm-hmm.
850
00:39:26,976 --> 00:39:30,981
New evidence, new charge. We're
gonna give these judges a headache.
851
00:39:31,047 --> 00:39:33,084
There's a cure for headaches.
852
00:39:33,149 --> 00:39:34,253
Poor Leslie.
853
00:39:34,851 --> 00:39:37,798
She thought she was helping him by
telling us how considerate Stark was.
854
00:39:37,854 --> 00:39:40,494
The only decent thing he ever
did is going to sink him.
855
00:39:44,394 --> 00:39:46,305
I understand
the People have dismissed
856
00:39:46,362 --> 00:39:47,773
the top count
of the indictment,
857
00:39:47,830 --> 00:39:49,468
Murder in the Second Degree?
858
00:39:49,532 --> 00:39:51,011
Yes, we're proceeding
with the charge
859
00:39:51,067 --> 00:39:52,944
of Attempted Murder
in the Second Degree.
860
00:39:53,369 --> 00:39:54,643
All right.
861
00:39:54,704 --> 00:39:58,948
This is a complicated case, and
I'll review the circumstances.
862
00:39:59,008 --> 00:40:01,386
We're well briefed
on the facts.
863
00:40:02,278 --> 00:40:04,349
Isn't this really a
question of whether or not
864
00:40:04,414 --> 00:40:08,385
you can establish the defendant's
intent as a matter of law?
865
00:40:09,419 --> 00:40:11,695
JACK: Yes, Your Honor.
And the People believe we can.
866
00:40:12,422 --> 00:40:13,730
HOW?
867
00:40:13,790 --> 00:40:17,602
JACK: Mr. Stark told his current
girlfriend that he was sick,
868
00:40:17,660 --> 00:40:20,300
and needed to use a condom
for her protection.
869
00:40:20,430 --> 00:40:22,808
And from that you infer intent?
870
00:40:23,299 --> 00:40:26,644
JACK: After he made that statement,
he was arrested in the process
871
00:40:26,703 --> 00:40:29,547
of initiating the sexual
act with another party.
872
00:40:29,739 --> 00:40:31,844
And you know
what he was thinking?
873
00:40:31,908 --> 00:40:36,357
The police overheard him say to this
partner that he did not use condoms.
874
00:40:36,946 --> 00:40:39,051
What were his exact words?
875
00:40:41,651 --> 00:40:46,122
"Hey, no, baby, I don't use rubbers.
It's better bareback."
876
00:40:46,889 --> 00:40:51,031
Your Honor, intention can
be inferred from the act.
877
00:40:51,094 --> 00:40:52,835
People v. Stokes.
878
00:40:52,895 --> 00:40:56,900
And this inference is
to be drawn by the jury.
879
00:40:57,367 --> 00:40:59,438
If the defendant gets
back on the street,
880
00:40:59,502 --> 00:41:03,609
in the course of his lifetime, a
lifetime which may be tragically short
881
00:41:03,673 --> 00:41:08,315
or indefinitely long, how many
other women might he infect?
882
00:41:08,678 --> 00:41:10,817
Two dozen? 50? 100?
883
00:41:12,815 --> 00:41:15,455
Yes, this is a difficult case.
884
00:41:15,518 --> 00:41:19,557
And, yes, it challenges the
court to balance two goods.
885
00:41:20,623 --> 00:41:22,796
The right to privacy,
886
00:41:22,859 --> 00:41:25,032
and the right of people
in the most intimate act
887
00:41:25,094 --> 00:41:27,631
to trust that they will be safe.
The right to life.
888
00:41:28,498 --> 00:41:29,806
I am not going to pass judgment
889
00:41:29,866 --> 00:41:33,370
on whether or not the women who had
intimate relations with Mr. Stark
890
00:41:33,436 --> 00:41:37,179
should have avoided them. I'm
not going to blame the victim.
891
00:41:39,342 --> 00:41:41,845
But having decided,
for whatever reason,
892
00:41:41,911 --> 00:41:44,755
to enter a liaison
with Mr. Stark,
893
00:41:44,814 --> 00:41:48,261
those women deserve the
protection that they would have
894
00:41:48,318 --> 00:41:52,061
if Mr. Stark brought to bed with
him a knife or a razor or a gun.
895
00:41:53,790 --> 00:41:58,432
Mr. Stark brought to bed with him
something equally dangerous.
896
00:41:59,462 --> 00:42:02,306
If the law can't protect those
women, then we've all failed,
897
00:42:02,365 --> 00:42:05,744
and that's a failure that
I'm not willing to concede.
898
00:42:08,004 --> 00:42:11,076
All I want is the chance
to get before a jury.
899
00:42:25,221 --> 00:42:28,430
ABRAM: As Mr. McCoy said,
this case is a difficult one.
900
00:42:29,525 --> 00:42:30,902
Difficult, first of all,
901
00:42:30,960 --> 00:42:34,669
because it will affect people's
attitudes and behavior.
902
00:42:34,731 --> 00:42:37,177
Some consequences
we can predict.
903
00:42:37,233 --> 00:42:38,371
Others we can't.
904
00:42:39,302 --> 00:42:41,009
People may use what we say here
905
00:42:41,070 --> 00:42:43,914
to support the
rankest kind of bias.
906
00:42:44,474 --> 00:42:46,283
They may use
what we say to excuse
907
00:42:46,342 --> 00:42:48,720
the most licentious
kind of conduct.
908
00:42:50,046 --> 00:42:51,548
It is difficult, second of all,
909
00:42:51,614 --> 00:42:55,323
because the issues before us
couldn't be more serious,
910
00:42:55,651 --> 00:42:58,632
touching on the very
Constitutional principles
911
00:42:58,688 --> 00:43:00,326
that framed our country.
912
00:43:00,390 --> 00:43:03,860
However, this difficulty does not
absolve us from passing judgment.
913
00:43:03,926 --> 00:43:06,406
In fact,
because it is difficult,
914
00:43:06,462 --> 00:43:08,669
we must pass judgment
with prudence
915
00:43:08,731 --> 00:43:12,235
so that we neither
follow nor lead society.
916
00:43:13,369 --> 00:43:16,578
And though the case is a complex
one, our job is simple.
917
00:43:16,639 --> 00:43:19,950
To apply the law,
fairly and reasonably.
918
00:43:21,110 --> 00:43:24,216
Weighing the rights of the
individual versus the common good,
919
00:43:24,280 --> 00:43:26,920
we were obliged
to rule in a way
920
00:43:26,983 --> 00:43:31,125
that protects the benefit of the
many over the interest of the few.
921
00:43:31,754 --> 00:43:35,668
The People have met their burden.
The order below is set aside.
922
00:43:43,466 --> 00:43:46,174
Congratulations.
You got your reversal.
923
00:43:48,337 --> 00:43:52,046
I'll feel better when your client's out
of circulation for the rest of his life.
924
00:43:52,108 --> 00:43:54,384
I don't know how
long that's going to be.
925
00:43:54,444 --> 00:43:58,551
Mr. Stark was admitted to the hospital
last night with a temperature of 103.
926
00:43:58,614 --> 00:44:00,992
Pneumocystis carinii pneumonia.
927
00:44:02,151 --> 00:44:03,255
(SIGHS)
928
00:44:03,452 --> 00:44:04,726
What's your offer?
929
00:44:05,555 --> 00:44:07,796
Same as before.
Three-to-nine.
930
00:44:08,991 --> 00:44:11,130
We'll support any effort
to get him into Bedford.
931
00:44:11,494 --> 00:44:13,201
They have good
medical facilities there.
932
00:44:13,262 --> 00:44:14,536
(SIGHS)
933
00:44:14,597 --> 00:44:17,077
All right.
You got a deal.
934
00:44:23,139 --> 00:44:25,551
I talked to Stark's parents.
Kenny's in bad shape.
935
00:44:25,608 --> 00:44:27,610
He's got a week, maybe two.
936
00:44:27,677 --> 00:44:28,712
Lana Madison?
937
00:44:28,778 --> 00:44:31,224
So far, so good.
Leslie tested negative.
938
00:44:33,416 --> 00:44:35,191
You're really keeping track.
939
00:44:35,251 --> 00:44:36,628
Yeah.
940
00:44:37,086 --> 00:44:38,759
On this one, yeah.
74108
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