All language subtitles for Law.and.Order.S11E02.Turnstile.Justice.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

In the criminal justice system
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.

...1-19, 1-19, 119.

Excuse me.

Excuse me.

Officers, there's
a homeless woman...

There's a homeless woman
at the end of the platform.

She's being eyed
by some men

and I'm concerned
that she's vulnerable.

What do you mean,
"vulnerable"?

I mean, she's asleep
on the bench

and she's vulnerable.

All right, lady,
calm down.

Show us
what you're talking about.

What are you looking at?

Come on, dear, rise and shine.

Hold on, Manny.

Oh, dear God.

How come they call
the Squad

for a DOA
on a subway platform?

Maybe it's a person
of great renown.

Maybe they thought we didn't
have anything else to do.

Come on, folks,
let's go.

You two the ones found the body? Yeah.

Anybody see how
it happened?

Not so far.

Cause of death?

Paramedic's best guess is,
uh, cerebral hemorrhage.

There's an abrasion
on her scalp--

maybe from a
fall, maybe not.

They figure she's been dead
about two hours.

Not much blood.

You got an I.D.?

M.E. gave us

a green light
to tag and bag.

All I found were
house keys, a Metrocard...

some kind of receipt.

No purse?

If she had one,
it's gone.

Well-dressed... nails done.

She puts in
an honest day's work

then waits for the
Downtown Local to go home.

Yeah...
and she caught the Express.

"Single blunt force trauma

to the vertex of the skull."

You know, it's hard to fall
on the top of your head.

The hemorrhage was
at the point of impact.

M.E. have any idea
what was used?

Yep.

They found particles

of cement and asphalt
in her scalp.

You mean like one of those paving stones?

Hey, they were working
on the station.

That's what was
laying around.

Looks like a
hit-and-run.

All right. Thanks.

No one's filed a report
with Missing Persons

fitting her description.

Which could mean she
was from out of town.

Oh, that's
just what we need:

"Female Tourist Beaten To Death
On The Subway."

No, she was dressed more like a business
woman than a tourist.

Metrocard ride history.

Thanks.

Let's see.

Repeated evening entries

at the station
where the body was found...

corresponding morning entries
at Franklin Street.

So, not a tourist.

We'll canvas with the photo

see if somebody can tell us
who she is.

Sorry.

Her Metrocard indicates

that she came through
here Tuesday morning.

Sorry.

Nothing about her jumps out? Sorry.

Is this

the only entrance?

For uptown service.

Downtown, you have to go
across the street.

I know, you're sorry.

Excuse me, sir.

You here every day?

Rain or shine, boss.

Do you recognize
this woman?

She don't look so good.

Well, you'll have
to forgive her-- she's dead.

Take a look.

If she is the lady
I'm thinking

she's a Wall Street Journal, a Times, New
Yorker

Advocate.

Advocate?

A gay monthly.

You notice which way
she comes from?

Oh, from across the street

and if she's the same lady,
she always had a cup of coffee.

Thank you.

Two? Lennie: We're trying to put a name

to this woman's face.

We want to know if she gets
her morning coffee here.

Sheila does the take-out.

Sheila, Sheila,
come here a sec.

These, uh, police are looking
for this broad.

We actually want to know if
somebody recognizes her.

Yeah. I know her.

Comes in every
morning for coffee.

Haven't seen her

in a few days.

Do you know her name? No.

What happened to her?

Do you know if she
lived around here?

You're not going to
tell me what happened?

She died.

Yeah, well... I can tell that
from the picture.

Another person I know gone,
and this one had kids.

How do you know that? Every other week

she's in here with new pictures

that she just picked up
from next door.

Thanks. Yeah.

Maybe ours; maybe not ours.

Uh, what if somebody

doesn't pick them
up right away?

In here.

It's dated two weeks ago.

The name on it's
"Donnatelli."

Is there a first name

or an account number?
Only last name.

Oh.

It's her.

There's a number six
on the building.

We're going
to need these.

$12.41.

I should pay?

Van Buren:
How are we making out?

There's 17 Donnatellis
listed in the book

none of them with an address in that
neighborhood.

Well, I don't care
if we have

to try her house keys
door-to-door.

When The Post runs that picture
on the front page

we're going to have
a suspect.

Well, apparently,
she takes an interest

in gay periodicals,
if that's significant.

Hey, uh, Stephanie Donnatelli.

611 West 18 Street.

Hey, there's a six
in the photograph.

DMV faxed us driver's license
photos

of every female
Donnatelli over 21.

Hmm.

If she lives
on West 18 Street

why does she get the subway

at Franklin?

Good question.

Maybe we should see

who else lives at this address.

Yes?

New York City detectives.

Is this the home of
Stephanie Donnatelli?

It's the home of her children
and her ex-husband.

Why?

Uh, may we come up?

I wondered why I hadn't heard
from her.

She was supposed
to take the kids to a matinee.

You didn't call?

I figured she forgot...

even though it's not
like her to forget

and I was pissed
and surprised

I figured...
she had a lot going on at work.

I didn't want to make
a whole thing of it.

I should have called.

Steph never would have forgotten
something involving the kids.

Where did she work?

She was a...

book editor
at Arcade Publishing.

They're at 23rd and Broadway.

That's a block away
from the subway.

Look, uh...

I know that, uh...

this is lousy time
to ask questions like this

but...
we have to know

who might have known
your ex-wife.

Now, can you tell us anything
about her private affairs?

You mean, like,
her sex life?

Anything at all.

At the age of 30

Stephanie came
to the conclusion

that she was gay.

She still loved me.

I still loved her.

She adored her kids.

We just needed

to stop living together
as husband and wife.

Was she involved
with anyone?

She hadn't been
for a long time.

This last month or so

she's called me up
on the phone at night

and we've talked
and talked and...

she's told me how...
how lonely she is.

We're really sorry
for your loss.

Can you think
of anything

she might have
had with her--

jewelry, a watch,
an address book?

Uh... she had a...
one of those funny watches

a Swatch watch,
I think it is

with Winnie-the-Pooh on it.

She had different pins,
different bracelets.

There wasn't one
that she wore all the time.

Uh...

There was a-a cross
that my mother gave her--

a little gold cross

that she did wear all the time.

Yeah, we showed the photograph

around some bars
near where she lived.

No one recognized her

and the ex-husband says
that wasn't her scene.

So, if some nut case goes after a woman
with a paving stone

its the Konchalavsky
woman all over again.

They guy went away, right?

It's a copycat.

Right. Thanks.

Well, apparently, even though she's dead,
her credit isn't.

Somebody used her
American Express card.

You don't check I.D.s.?

Well, it's the cashier's
responsibility

to do that.

I don't know what happened
in this instance.

The transaction record says

the credit approval came in
at 11:43.

Okay. Fast forwarding.

I take it those persons
don't have authorization

to use that credit card.

Ooh, you're good.

I'll make a copy of the tape.

No. We'll make a copy.

We're sure the cashier
didn't know them?

We talked to her
on the way out.

She said no.

Well, when you do find
the girls

I want you to add a charge
of felony bad taste.

Wearing white
after Labor Day?

Someone just used
the card again.

Movie theater--
107th and Broadway.

I don't even
know you.

How was the movie, ladies?

Do I know you?

No, but I know you.

You're both
under arrest

for possession
of stolen property.

Let's go.

I found that card.

Sure, and it just happened
to be in the pocket

of the woman
it belonged to.

Please!

Let me break it down for you, sweetheart.

That card belonged
to a woman

who is now dead.

She was murdered
on her way home from work.

We don't know nothing
about that.

Possession of a stolen

credit card's a felony.

If you didn't commit
the murder yourselves

you're at least an accessory
after the fact.

Book 'em on that,
and take 'em up to Central.

Hold up! Wait a minute!

We didn't...

We have no choice.

They're just messing with us.

You think?

What time's the next wagon leave
for Central booking?

About 15 minutes.

Add these two to the list.

Wait a minute! Wait! Hold up!

Darlene, don't you say nothing.

I can't be going
through this.

I got to graduate
junior college.

Who gave you the card?

Don't you
say nothing, Darlene.

Trey Wiles gave us that card.

Who's Trey Wiles?

Her boyfriend,
and he works

in shipping on 7th Avenue
and 39th street.

She's a spiteful bitch!

She know Trey ain't had nothing
to do with this.

You still going
to put us on that wagon?

Keep it coming.

Trey Wiles? Yeah.

Put your hands behind
your back, bro.

Hey, what's up
with this?

Some questions came up
about your credit rating.

Yeah, we want to find out

if you're eligible
for the Gold Card.

Yo, come on, man.

My boss finds out
about this

I'm going
to lose my job.

Oh, you got bigger troubles
than that, kid.

The American Express card
you gave Shantay

belonged to a woman
who was murdered.

Mm-hmm.
For real?

Where'd you get it?

Hey, look, man, I don't know nothing about
no murder.

Okay. Here's
the deal, Trey.

If I have to put your ass
in the back of this car

and drive down
to the precinct

you're going upstate

so, you tell us who gave you the card

and you just
had a bad day

and you're home
by supper.

All right, I'll tell
you where I got it.

I bought it.
From who?

Street dude.

"Street dude." What's his name?

Raffi something

or something Raffi, man.
I don't know.

He's a homeless dude.

Lives in the shelter on 127th.

Comes around here
every now and then

sells stuff.

That's all, man.

You better hope
he's sleeping in today.

Ah, he's under me.

I'm the chief administrator
here.

We're looking
for a certain guest

of this establishment,
a Raffi something?

Raffi Lorraine?

How many
Raffi's you got?

Ten beds back
on the left.

Thanks.

Raffi Lorraine?

Come on, man.
It ain't time yet.

Early checkout today.
Come on.

What did I do?

This your stuff?
Yeah.

You want to take it
with you?

Where am I going?

For a ride with us.

You want to take it
with you or not?

If I don't, it wont be here
when I get back.

Do you mind if
I take a look?

Go ahead.

There's no weapons
or anything

that might hurt me?

No.

This yours?

Yes, sir.

Buttons from the wrong side,
chief.

I'm not picky
about such matters.

Where'd you find it?

Garbage can.

Why would somebody
throw away

a beautiful coat
like this, huh?

People with money
get tired

of their clothes
sometimes.

They get tired
of their gold crosses, too?

Token clerk tells us
you're a regular, Raffi.

Yeah. And you're
a real pain in the ass

to all the passengers.

I don't bother nobody.

The woman that cross belonged to was
beaten to death.

Do you understand?

I didn't do that.

Hey, we got you
on the subway platform

and we got you with the
victim's possessions.

Now, you have
something to say

because the train's about
to leave the station?

I saw who killed her.

You sure it
wasn't you?

He was a black guy.

Maybe 30, 40.

One of them buggy guys,
goes off on you.

Yeah? What did you see
this buggy guy do?

He was walking around
talking to himself.

Walking one end of the platform
to the other.

The train comes in,
people get on

except for that guy.

And you.

I'm working that platform.

I've got garbage to go through.

Okay. What did you see?

This gal comes through
the turnstile.

Stood near where the guy was.

And all of a sudden,
he hits her with a rock!

She walks a little ways
away from him

she grabs her head,
drops down to a bench

and he walks over

and he grabs her eyeglasses
off of her

and then he walks
right out of the station.

And you robbed
whatever you could off the body?

That is what I did.

I'm not proud of myself
for doing it

but that is all that I did!

He knew about the paving stone.

Which doesn't guarantee him
not being the one who used it.

His rap sheet's petty thefts
and drugs.

I think he's
telling the truth.

Okay. Well, why don't you run
down this buggy black guy story?

There was an E.D.P.
in the vicinity.

Maybe there was a complaint.

Officer Carlson?

Yeah.

Detectives Green, Briscoe.

Sarge told me you'd be coming around.
What's up?

Uh, a few days ago

you responded to an E.D.P. in the subway.

Yeah. Guy took a leak
on the platform.

Female passenger
took exception.

No collar?

It would have
just been a summons.

Why? What happened?

Uh, you think
you could I.D. him?

What did he do?

We're looking at him
for a homicide.

I don't believe it.

Did you get a name?

He wouldn't give us a name.

We tried to take him
to a shelter, but he refused.

Manager of an SRO

on Eighth Avenue
owes me a favor.

Took him over there.

Somebody's in there.

New York City
Police Department.

Open up.

Got a key?

It's okay.
It's okay.

Take it easy.

All right. Come on.

We're going to
get you up now.

Need to take you
out of here.

Where you taking me?

To the Police
Department.

We need to
talk to you.

I need to finish what I'm doing.

Oh, you'll have
plenty of time.

Don't worry.

Where is he?

Interrogation Room.

He's refusing to be
fingerprinted.

I figure, we didn't want
to force the issue

and have him lawyer up.

Okay, thanks.

You're welcome.

Sir, my name is
Abby Carmichael.

I'm an Assistant
District Attorney.

I understand
there's some problem

with you letting us
fingerprint you.

Sir?

Oh, oh, hold it!
Whoa!

He does that
every so often.

I need to go outside.

Okay. Sure.

But before you do,
I want to talk to you

for a little while.

Is that all right?

The air in here is bad.

I need to
go outside.

Can you tell me
where you got your glasses?

I needed them.

I couldn't see
who was talking to me.

Did you take them
from the woman on the subway?

I couldn't see
who was talking to me

so that's why I took 'em.

Now, I need to go outside.

Before I can let you

go outside, I need to know

who you are.

I'm... Regis Philbin.

Is that your final answer?

Okay, how about this?

You let us
fingerprint you

and when the prints
come back

they'll confirm
you're Regis Philbin

and then everyone will know.

How does that sound?

Brian Gallant.

Three misdemeanor
convictions

all involving
some violence.

He got out of Rikers
a week ago.

Tell me
he didn't get bail.

The court remanded him
at his arraignment

for a 7-30 exam.

Is he competent?

Assuming Regis Philbin

and all the other nutsy stuff
isn't an act

I'd say borderline.

This also may not be

the first attack
he's responsible for.

Do you remember the attack
on that Konchalavsky

woman last year?

Don't tell me.

Confessed.

Matches the composite.

Okay. I don't want to rely
on the civil commitment

to keep him of the streets.

Find out who's doing
his evaluation.

Make sure we talk to them

before they write
their report.

Got it.

Then let's talk
to his lawyer.

Okay.

You have no forensics linking him to
the crime.

He was in possession of
the victim's eyeglasses.

Somebody else had
the victim's coat.

Somebody else had
the victim's credit card.

We also have a witness.

A homeless drug addict
with a criminal record

from here to Bayonne.

Mr. Gallant
made admissions

to two separate
attacks.

Counselors, we all know
he wasn't competent

to waive counsel.

The psychiatrist thinks
he is competent.

Sure. They shovel
medication into him--

he's competent.

He killed the mother
of two children.

Doesn't that enter
into this for you?

What are you looking for?

Manslaughter, first degree.

Because that's what you think
he's guilty of

or it looks good
on your resume?

You're kidding, right?

Tell me he's not insane, Jack.

I'll tell you

you're not getting
him off based on that.

He stole property and ran.

And flight's
the one indicator

jury's love to rely on

when they reject
an insanity defense.

So it doesn't matter
whether or not he's insane.

What matters most is

he doesn't get
to do this again.

Look at him, guys.

That's the master criminal

you're looking to unleash
your prosecutorial zeal on.

There's a ten-year-old
and an eight-year-old

who just found out

they don't have
a mother anymore.

Maybe you'd like to come

take a look
at them.

Anything less
than Man One possible?

Man One's it.

Your Honor, I'm handing up
the psychiatric report

confirming this defendant's
competency to enter

a plea of guilty

to manslaughter
in the first degree

in the death
of Stephanie Donnatelli

and assault of the first degree
arising out of an attack

on Nadine Konchalavsky.

You're satisfied

with this report,
Mr. Jordan?

Yes, I am, Your Honor.

Very well.

Mr. Gallant, you understand that
by pleading guilty

you'll be sentenced to a period
of ten to 20 years.

Yes.

Did you kill
Stephanie Donnatelli?

I need you to answer
for the stenographer.

Yes.

Did you attack
Nadine Konchalavsky?

Yes.

Can you tell us why
you committed these crimes?

No reason.

Uh, Mr. McCoy

I assume a motion
to vacate

the charges against
the individual

currently incarcerated

for the attack
on Miss Konchalavsky

has been filed.

It has, Your Honor.

He'll be released
as soon as I let

corrections know
we're done.

We're done.

We're done?!

Please, Mr. Donnatelli.

You guys declare yourselves
done and you're done?

You say the one
and only person responsible

for Steph getting killed is this lunatic?

You put a line through it
on your list

and then you pat yourselves
on the back!

Mr. Donnatelli, I understand you're
upset

but this isn't the time

or the place
to address these things.

Tell me what is the time
and place, and I'll be there!

Tell me when you're going
to hold someone accountable

for turning him loose
on Steph...

and I'll be there.

He did a year?

Misdemeanor assault.

He was released

the night before he killed
Stephanie Donnatelli.

He was dropped off

at the Queensboro Plaza
subway station

at midnight with a token
and a dollar and a half.

Who made that call?

Standard operating procedure.

We know from his medical chart

that he made 11 visits
to the jail's clinic

which... means it's a safe bet
someone knew something

about his
mental condition.

Yeah. What did they know,
and when did they know it?

Still... it's a long way

from civil negligence

to criminal
liability.

Yes, it is.

Well, before we go

after the Department
of Corrections

or Psychiatric Services

or whoever it is
who's responsible for this

I'd like to know we have
a chance at winning.

We have some work to do
before you make that call.

These are the inmates treated
at Rikers clinic

in the first six months
of last year.

These are the inmates treated
in the last six months.

Quite a disparity.

That's because they stopped

referring prisoners
to hospitals.

Why?

Six months ago

the City privatized
medical treatment at Rikers.

An HMO for inmates.

They gave
a managed-care contract

to a company called
SMJ Medical Services.

SMJ gets a monthly bonus

when it holds down costs.

Which it does

by not sending inmates
to hospitals.

Which is why Brian Gallant
was never referred.

Leon Greg--

thirty-four.

He was awaiting
trial for robbery

and his weight
dropped 30 pounds

in less than two months.

Your medical treatment
consisted

of giving him an aspirin.

Whoa, whoa, whoa,
whoa, whoa.

This is the Chief Executive
Officer of the company.

Our understanding is not
that you're here

to conduct an open-ended inquiry
into inmate diagnosis.

In the past six months

four inmates have died
at the Rikers clinic

three without ever seeing
the inside of a hospital.

Those six months correspond

to the period SMJ was hired
to oversee

the jail's
medical services.

That's not fair.

Are the terms
of your client's contract such

that he receives a bonus

for denying a prisoner
access to a hospital?

Absolutely not.

He receives

a certain amount
of incentive pay

for successfully
meeting targets

an arrangement recently upheld

by The United States
Supreme Court, by the way.

Is it your reading

of Pegram v. Herdrich

that people like Brian Gallant
can get released

without warning the authorities

without follow-up care?

Mr. Gallant had served his time.

My client had no choice.

Unless he was aware

of the danger Gallant posed.

I reviewed

the procedures followed
in Mr. Gallant's case.

I believe they were,
in all respects...

correctly implemented.

Doctor's prescription?

Jessie Dobbs?

Is there someplace
we can talk?

What about?

Brian Gallant.

I've got nothing to say.

You were his Case Manager.

You were transferred here
the day after he was arrested.

That's a grand jury subpoena,
Ms. Dobbs.

Now we can either do
this here or there.

What do you want?

I want to know who
made the decision

for Brian Gallant
to be released.

Miss, I am little person
working for a big company.

It's a simple
question.

You were at Rikers
at the time.

And I'm not at Rikers anymore,
am I?

Were you sent here

to keep you away
from an investigation?

You'd have to ask them that.

If it was your decision
to release him without meds

I can understand
how they might want

to make sure
you didn't make

the same mistake twice.

It wasn't my decision.

Then, whose decision was it?

According to Jessie Dobbs, you were
the doctor responsible

for the treatment
of inmates at Rikers.

I oversaw the clinic.

So for over a year, Brian
Gallant was your patient?

I had limited
contact with him

but, technically, I
guess I was his doctor.

"Technically"?

I'm only at Rikers
twice a week.

Most of his visits were handled
by his Case Manager.

Are you suggesting

a Physician's Assistant's
qualified

to diagnose
his mental condition?

I-I-I didn't hear the word
"qualified" in what he said.

He's describing

his contact with
the patient.

It's his lack of contact

that concerns us.

11 visits

over a year's time, doctor?

On three occasions

Ms. Dobbs's notes indicate
Gallant was complaining

of hearing voices,
having hallucinations?

I-I gave him
his medication.

But you never
had him evaluated.

Don't respond.

Your lawyer's right.

Save your explanation
for a jury.

On what charge?

Manslaughter

if he was aware
of the danger Gallant posed

and recklessly ignored it.

Do you know how many inmates
I see on any given day?

How many?

Don't respond.
They want to try

to get an indictment,
let them.

What are you, nuts?

Look... I did the best I could.

I was paying off
medical school loans...

a mortgage.

I have two kids.

Doesn't excuse what you did,
Doctor.

I wasn't allowed
to have him evaluated.

You were told that?

Andrews fired a doctor
for making too many referrals.

Same day,
he calls me in.

He asks me if I heard
about the firing

and if I was familiar
with SMJ's policy

limiting referrals.

He told me, he hoped
I didn't make the same mistake.

This is a very courageous man

you have sitting here.

I assume we'll be able
to work something out.

If he testifies

his job was threatened,
there won't be any charges.

I will ask him

to surrender his medical license
for a year.

That's not right.
That's not right.

He took an oath,
and it wasn't to an HMO.

He was doing the best he could

under the circumstances.

S-Stop.

Brian Gallant was kept sedated.

without ever being
referred out

for treatment
or evaluation.

Was SMJ aware of
the danger he posed

to the public?

Dr. Sanders will testify

that Phillip Andrews fired
another doctor at Rikers

for excessive
hospital referrals

and, then,
threatened to fire him

if he did
the same thing.

Which, of course,
Phillip Andrews will deny doing.

If it comes down to credibility,
I think we're in good shape.

No, it comes down
to more than that.

If we go in there

and start taking potshots
at HMOs, first of all

we're flying in the face
of Pegram v. Herdrich

and, then, secondly,
what if we prevail?

I mean, what does that do
to a healthcare system

that depends on HMOs to
provide their treatment?

You're not suggesting

we give them a free pass
because of that?

No, I'm suggesting we look

at the fallout
that's likely to ensue

and be sure and differentiate

the conduct of this HMO
from the conduct

of HMOs in general.

That said,
I'd like nothing better

than to hang their heads
on our wall.

Phillip Andrews?

Yes?

You're under arrest
for manslaughter

in the death
of Stephanie Donnatelli.

"Manslaughter"?
What is this, a prank?

No prank.

Then, there's been
a big fat mistake.

Get your commanding officer
on the phone.

I want to hear from him
that I should be arrested.

On your feet, pal.

Your coverage
doesn't provide

for a second opinion.

Gallant was a patient

at the clinic at Rikers Island?

Yes.

For what complaint?

He originally presented

with periodic
auditory-command hallucinations

uh, some delusional
behavior.

What was done for him?

He was given varying doses
of Halcyon, Ativan and Valium.

Was he ever referred to a psychiatric
hospital for evaluation?

No.

Why not?

Mr. Gallant didn't meet
the criteria established

by my employer for a
psychiatric referral.

Which criteria were those?

Mr. Gallant was

controllable with medication.

If I made the referral,
I'd have been fired.

Objection. Introduces facts
not in evidence.

Overruled.

Why do you say you would've been
fired?

Objection. Calls for speculation.
Overruled.

You're annoying me, Mr. Axtell.

Another physician
at the clinic

had referred an inmate
under a similar situation

and was terminated.

Phillip Andrews warned me

not to make the
same mistake.

What was your last contact

with Mr. Gallant
prior to his release?

That would've been
on September 8.

What, if anything,
transpired on that occasion?

I... I gave him his medication.

September 8 was four days
before Mr. Gallant's release.

Yes.

Was he examined

on the day of
his release?

No.

Was he given
any medication

for him to take
subsequent to his release?

No.

Why was that?

He wasn't SMJ's problem anymore.

Objection.

That's sustained.

Nothing further.

Dr. Sanders

to the best of your
knowledge, Phillip Andrews

is not himself a doctor,
isn't that right?

I don't believe he is, no.

So, you understood,
did you not

that he relied
on the determinations

of doctors,
such as yourself

to assess treatment?

Yes.

Did you ever tell him
you believed Brian Gallant

to be psychotic?

No, I didn't.

No.

Did you ever tell him

Brian Gallant constituted
a threat to himself or others?

No.

Oh. Was that information
on his chart?

No.

Was he supposed to sense it
from crystals or magical beans?

Objection.
Sustained.

Wasn't it your responsibility,
Doctor, to tell him?

He wanted me to take care of it

the cheapest way possible,
period.

The State Board of Review
has revoked your license

to practice medicine,
isn't that so, Doctor?

Yes.

I'll bet you got somebody else
to blame

for that, too.

Objection.

Withdrawn.

I hear these voices
inside my head.

Sometimes, it's worse
than other times.

How was it
during the time

you were incarcerated
on Rikers Island?

Bad.

Did you bring that
to the attention

of the prison doctor?

Yes.

What did he do?

Gave me medicine.

Were you ever examined
by a psychiatrist?

No.

Did you ever ask

to be examined
by a psychiatrist?

I told them I was having trouble
with voices.

I told them it was
keeping me up nights--

my bad uncle and my good uncle

saying about bringing the car
down from Yonkers.

I said, "I ain't bringing
no car down from Yonkers."

That's right.

On the day you were released...

were you given any medication?

No.

Thank you.

Nothing further.

What did you do with
the token they gave you?

I used it.

Used it to go
into Manhattan?

Where you hit a woman
over the head

with a paving stone
and killed her?

I'm sorry.

I know you say
you're sorry, but...

you did know what you were
doing, didn't you?

Objection. Irrelevant.

This man's
state of mind

is what my client is
on trial for, Your Honor.

No, Counselor.

Your client is on trial

for what he
allegedly did.

I will allow you
some leeway on cross.

On the day you
pled guilty

to manslaughter,
Mr. Gallant

did you or did you not,
in front of this same judge

say that you were the person

responsible for the death
of Stephanie Donnatelli?

Yes.

I'm done.

Redirect, Your Honor.

Mr. Gallant, can you tell us
why you committed

this horrible crime?

My bad uncle.

Your bad
uncle

told you to?

Yes.

Does he talk to you
all the time?

No.

When doesn't he
talk to you?

When I take my medicine.

Then he stays in Yonkers.

I have nothing further.

Three weeks ago, we said
Brian Gallant was responsible.

Now we seem to be saying
someone else is responsible.

That's got to hurt us.

He was found competent by a
court-appointed psychiatrist.

If that psychiatrist
hadn't found him competent

I would have found

another one
who did.

It's called prosecuting.

In any event, this one
could go either way.

You have a defendant

responsible for sending
a dangerous psychotic

out among the citizens
of New York.

Whatever excuses he has--

whatever excuses
the two of you have

now that you've gone after him,
I want you to run him to ground.

SMJ's is a for-profit company.

I'm not ashamed to admit that

but at no time did I ever
allow finances

to dictate the course
of medical treatment.

To what do you attribute
the decline

in hospital referrals?

I attribute it

to improved medical service at the jail.

By focusing on efficiency

we've been able to cut
the need for hospitalization.

What about
in Brian Gallant's case?

I suspect
Mr. Gallant's case

would present a challenge
to any clinician.

Given that the severity
of it was never communicated

to me, I was in no position to effectively

monitor his
treatment regime.

Had it been...

maybe there would have
been a different outcome.

Thank you.

Inmates diagnosed
with heartburn

who turn out
to have coronaries.

HIV patients left untreated.

Psych patients left
unevaluated.

Is that your idea of improved
medical service

Mr. Andrews?

I'm not satisfied with
our diagnostic success rate.

And I think you're going to see

a steady improvement
on that score.

What you have to keep
in mind

is, we're still in
the shake-out cruise

of a new program.

You're responsible
for the bottom line

on the shake-out cruise
are you not, Mr. Andrews?

Yes, I am.

And there's no question

but that the bottom line
is helped

the fewer hospital referrals
are made?

Like it or not, medical care
is a business today.

No HMO can survive without
conducting a realistic

cost-benefit
analysis

of its treatment
protocols.

Brian Gallant was treated
11 times.

Three violent altercations.

Another five visits

for irrational
behavior.

Was your failure

to authorize even one
psychiatric referral

part of the cost-benefit
analysis?

I was relying

on the clinic physician's
observations

to determine
a course of treatment.

You had him on tranquilizers
nonstop.

I didn't have him on anything.

That was Sander's call.

And by the way,
according to his chart

he was responding
to the medication.

So you were reviewing
his medical chart?

Mr. Andrews?

Periodically, yes.

You were being
kept aware

of his progress, or lack thereof

periodically?

Yes.

And you were authorizing
his medication?

I was authorizing
the expenditure.

I'm not the prescribing physician.

Tell the jury

what Mr. Gallant's
complaint was

the last three times
he was seen at the clinic.

There's no complaint indicated.

No complaint?

In a company

as cost conscious
as yours

isn't it a fact

that the only reason

you would be spending
money on medication

where there was no complaint

would be to prevent what was otherwise
inevitable?

No.

Because you knew

that it was inevitable
that without medication

Brian Gallant would
become violent.

That's not true.

When the time came

you were only too happy
to see him go

because a hospital stay
or a psychiatric evaluation

would have been contrary to your
cost-benefit analysis.

Objection. Counsel's making
speeches.

Ask a question, Mr. McCoy.

Isn't it a fact, that you knew
exactly what kind of danger

Brian Gallant posed
upon being released?

I didn't know.

You didn't want to know.

The big bad HMO.

Uncaring, unfeeling.

Placing profits
before people

in its savage quest
to make money.

A convenient
political target

if ever there was one.

Criminally responsible
for one man killing another man?

Not on your life.

If there were
an outbreak

of tuberculosis

or if prisoners
were dying

due to negligent
medical care

Phillip Andrews would have
to answer for that.

If he took a money-be-damned
approach

and dispensed medical care
at Rikers Island

as if it were the Mayo Clinic

he would have to answer
for that, too

and I might add...

answer to you,
the taxpayers, as well.

So he does
his job...

professionally

compassionately.

And for doing his job

they want to send him to jail.

A few short
weeks ago

Brian Gallant
pled guilty

to Manslaughter
in the First Degree--

a plea that could
only be entered

with the approval
of this prosecutor.

And now, this same
prosecutor

is back here with
bigger fish to fry.

Don't let the political
ambitions of a District Attorney

pervert this court of law.

Whatever political capital
Mr. McCoy and his boss

can extract from it

don't let it be done
to our system of justice.

Don't let it happen

to this innocent man.

No one should be
heard to say

that providing medical care
at Rikers Island is easy.

Nor is it the position

of this District Attorney's
office that there aren't

legitimate financial
constraints on the provider.

We've heard that the defendant

operating under those
constraints

is just a simple man
doing the best he could.

Let's look at that
a little bit.

Brian Gallant was at Rikers
for a year.

He was medicated
on a daily basis

by the defendant's
company

with the defendant's
knowledge.

On the day
he was released

he was hallucinating

and disoriented.

Nonetheless, he was handed over
to the Department of Corrections

who dropped him off

at a subway station
in the middle of the night.

He was given
no medication

no referral for ongoing care.

Not an address to go to.

Not a phone number to call.

This was not done by accident
or oversight.

This was the express
instruction of the defendant.

Was not the violent
behavior of Brian Gallant

a foreseeable event?

Was not the defendant
well aware

not only of Mr. Gallant's
propensities

but of the risk he constituted

for every person
he came in contact with?

The answer is, of course
he was aware of it.

Of course, he chose
to ignore it.

Of course, it was
his recklessness

that brought about

this woman's death.

Find him guilty,
ladies and gentlemen.

He deserves it.

Madame Forelady, I understand the
jury's reached a verdict?

We have.

On the first count
of the indictment

charging Manslaughter
in the Second Degree

we find the defendant
not guilty.

On the lesser
included charge

of Criminally
Negligent Homicide

we find the defendant guilty.

Okay, bye-bye.

Dateline wants
to interview me

about the verdict.

Jane Pauley or Stone Phillips?

Stone Phillips.

They'll probably try
to get you to say

it opens the door
to massive malpractice claims.

Well, it's worth it
if it changes the way

HMOs do business in this city.

How much time will Andrews serve

with good behavior?

Under a year.

Good, that means jail,
not state prison.

He'll serve it at Rikers.

Let's hope he has
a good immune system.