All language subtitles for Close.To.Home.S02E13.Getting.In.1080p.WEB-DL.AAC2.0.H.264-squalor_track3_[eng]

[Beeping]

[Dramatic music]

[Beeping continues]

[Phone ringing]

[Intercom beeping]

(Nurse #1) 'Let's go.
Move. She's coding.'

- 'Dr. Carel, the surgery..'
- 'C'mon, let's go.'

[indistinct chatter]

[Beeping]

'Heart beat stopped.
I've got no pulse.'

ambu bag.

(Nurse #2) 'Here
you go, Dr. Davis.'

pump it.

Charging to 200.

Clear.

Still dropping.

- Charge 200 more.
- 'Clear.'

'no rhythm.'

[dramatic music]

- You're here early.
- Ah!

My buddy chan Eli's been working
this medical malpractice case.

Malpractice? Civil case?

Chan thinks it's criminal.
Thought maybe we'd take a look.

What makes it criminal?

Husband's convinced
his wife was murdered.

And chan thinks
there's something to it.

- Just give me the headlines.
- Juliette tersey.

Went in for a minor
surgical procedure.

There was a problem
with the anesthesia.

What'd the medical board say?

Inadvertent overdose
letter of reprimand for

the anesthesiologist.

But her husband
thinks it was deliberate?

He's coming in today.
Just hear the guy out.

If you don't think it's
worth, I'll tell chan.

- That'll be the end of it.
- You owe me.

I know. Thanks. You're a doll.

I know.

I'm not just some
grieving husband

with a paranoid theory.

The medical licensing board
said it was negligence, not murder.

I've been living
with this for a year.

Can I tell you
why I think it was?

Please.

'According to the chart'

Dr. Davis gave my wife
five ccs of sufentanil.

It's a synthetic opiate
commonly used in anesthesia.

And the autopsy found 11
cc's of opiates in her system.

More than twice what
there should have been.

A fatal overdose.

You think Dr. Davis gave
her the additional six cc's?

I do.

The board ruled it an
inadvertent overdose.

- I know.
- She was taking oxycodone.

Dr. Davis neglected to
take that into account.

And adjust the
anesthesia accordingly.

Two things.

Juliette wasn't on oxycodone
or any other kind of opiate.

We know she had a prescription
for it, a controlled substance.

According to her chart, she
was taking 70 milligrams a day.

She had back surgery,
three years ago.

Took a few, put the rest
away. Never even got a refill.

What's the second thing?

Dr. Davis didn't
misread Juliette's chart.

She tampered
with it after the fact.

This is her pre-op interview.

'The surgeon forwarded a
copy to Juliette's dermatologist.'

vitamins, flax oil, ibuprofen.

If your wife didn't mention
the oxycodone in her pre-op..

How'd it get on her chart?

How else could Dr. Davis know
'bout your wife's prescription?

Controlled substance. It's
a matter of public record.

She looked it up.

Let's say Dr. Davis altered
the chart after the fact.

Maybe she was just trying
to minimize her culpability.

'It doesn't mean
she murdered her.'

Dr. Davis was turned
down for membership

in our country club
and blamed my wife.

That's your motive? She
didn't get into your country club?

They had a nasty
argument about it.

- When was this?
- Month or so before the murder.

- Why would she blame your wife?
- I don't know exactly.

Somehow she thought
Juliette was responsible.

Do I know why it was
so important to her? No.

Do I know exactly
how she did it?

Doesn't matter.
Something's not right with this.

Obviously, my colleague
agrees with you.

But you don't.

Absent the smoking gun..

You won't consider taking it on?

Mr. Tersey, Dr. Davis
has been reprimanded.

You have a very strong civil
case, a great insurance claim..

And they offered me a
tentative settlement, $2 million.

Maybe you should take it.

If you knew someone
murdered your husband

would you let it go?

Two hundred thousand Americans
die annually from medical error.

The board investigates hundreds
of cases in Indiana every year.

How often is there
criminal liability?

In the last two decades

thirty or so have seen the
inside of a criminal court.

In this case, the board
chose to reprimand Dr. Davis.

Dr. Stilla, you were the
sole dissenting opinion

for stronger sanctions.

I have taken thousands
of patient histories.

You always ask, "what
medications are you taking?"

You ask the patient over
and over at every step

just so this sort of
thing doesn't happen.

According to her chart, at
the time of the procedure

Mrs. Tersey was taking
vitamins, flax oil, ibuprofen

and oxycodone
70 milligrams a day.

Patient almost always lists
the strongest medications first.

So, vitamins, flax oil,
ibuprofen and oh, yeah

a daily mega dose of a
highly addictive narcotic

taken for the last three years?

The minute I saw that, I
thought, somebody doctored this.

Just a hunch?

If that's what you
wanna call it, yes.

- I had a hunch.
- I respect that.

I've hunches in my work, too.

It's irrational, I know,
and I can't prove it

but when I looked at
her pre-op interview...

Which mentioned
everything but the oxycodone.

I felt we should refer
the case to your office

for further investigation.

My colleagues thought otherwise.

- Her husband brought it to us.
- Good for him.

(Annabeth) 'It wasn't
trivial to Dr. Davis.'

membership in that club
would've been a boon to her career.

She works with plastic surgeons.

In her field, social
prestige and access

translate into
dollars and cents.

Good argument. What's
your narrative of the crime?

Rejection for membership.

She blames tersey,
gives her an overdose

and then alters the charts.

Knowing tersey's got a
prescription for oxycodone.

Provides a medical
explanation for the overdose.

Oxycodone's got the same
structure as the anesthesia.

The coroner can't
distinguish one from the other.

- Dr. Davis misread the chart.
- She cops to negligence.

Gets a slap on the wrist
from the medical board.

Got some holes to fill.
How'd she get the drugs?

Have to prove she administered
them, and she did it on purpose.

If you can't do that,
murder's a nonstarter.

So you go the other
way, try for negligence

might get criminal recklessness.

Criminal recklessness?
Eight years Max.

Even that's a stretch
without corroboration

this case belongs
in civil court.

You heard the man.
We need corroboration.

I got a guy to da I can call.

Maybe you and ed can
swing by that country club?

I'll take my clubs. Think
they'll let me play nine?

I wouldn't get your hopes up.

Dr. Davis was
screaming at Juliette

and Juliette was
trying to calm her down.

- She was off her rails.
- Why didn't she get in?

Well, the club likes a
certain kind of individual.

Thank you.

And Dr. Davis is divorced

and not particularly
connected, socially.

She just didn't her standards.

- She's a doctor.
- She's an anesthesiologist.

Why blame Juliette tersey?

Was she a blackballer
or something?

No, it doesn't work that way.
We aren't skull and bones.

Majority carries the day.

'What was the
word on Dr. Davis?'

eighteen to three, against.

Was Juliette one
of the three in favor?

I don't know. It's
a secret ballot.

I thought you said you
weren't skull and bones.

Is there anything
else you can tell us?

Just that Dr. Davis was
saying that she couldn't believe

that Juliette had
humiliated her yet again.

Again?

- So they had history together.
- We're looking into it.

We also confirmed
Juliette tersey

never got her
oxycodone refilled.

We're certain she wasn't
taking it when she died?

Not unless she was
buying it on the street.

And why would an upper-middle
class professional woman

do that when she has
a legit prescription?

She wasn't taking the oxycodone.

Davis definitely gave
her the overdose.

All we have to do
now is prove how.

Dr. Davis is first-rate
thorough, committed, careful

amazing attention to detail.

Not that day.

It happens, even
to the best of us.

Dr. Taylor, according
to the autopsy

Mrs. Tersey died of an overdose.

The anesthesia plus the
oxycodone she was taking.

'She didn't mention
anything about oxycodone'

in the pre-op interview
your office did with her.

Patients don't tell
doctors everything.

According to your report

her pre-anesthesia
vital signs were normal.

Wouldn't you have known
if she was on something?

Not necessarily, she
must have developed

quite a tolerance
over the years.

The prescription was three
years old, never refilled.

No evidence she was
buying it on the street

under the counter, black
market or elsewhere.

No evidence she was on it all.

Humor us, doctor, if Dr. Davis
did give Mrs. Tersey something

extra couldn't she have gotten
it from the clinic's pharmacy?

Only the pharmacist has
access to the pharmacy.

With a controlled substance

the anesthesiologist
must fill out a charge slip

before every procedure.

No way to beat the system?

After Mrs. Tersey's death,
we did a thorough inventory

and gave all of our
findings to the grand jury.

There was nothing
unaccounted for.

Nothing missing,
nothing stolen, none.

Was there anything unusual

about Dr. Davis the
day of the procedure?

Unusual?

- Her demeanor, her behavior.
- A little rushed.

Which may explain why
she misread the chart.

Rushed? How?

(Taylor) 'She wasn't even
scheduled to do the procedure.'

she was covering a
shift for another employee

who'd taken a personal
day at the last minute.

I got sugar free, totally
organic, peach mango soda.

That sounds terrible.

My girlfriend thinks that
sugar's the root of all evil.

The white death.

Turkey on seven
grain, fat-free Mayo.

Um, how delightful that is.

So, uh... What's on your mind?

Well, I'd like to know we're
looking at the tersey case.

Since you're
representing Dr. Davis.

The medical licensing board
already issued its findings.

We are seriously considering
filing criminal charges.

Okay. Well, since I'm
back on the clock and I can

make this a billable
hour, I will tell you this.

We have five board-certified
anesthesiologist who will

testify that Dr. Davis'
mistake was a medical error.

Doctors have a vested
interest in making every case

of negligence an
unavoidable act of god.

And prosecutors assume that any
unexplained death is a homicide.

This one is exactly that.

Dr. Davis blamed Juliette tersey

when she didn't get into
the beach Ridge country club.

Oh, come on, this is a minor
disappointment for Dr. Davis.

Certainly not a reason
for her to off a patient.

Now, Juliette tersey od'd
on her own oxycodone.

We can prove that's not true.

Dr. Davis admits and regrets
any part that she inadvertently

played in Mrs. Tersey's demise.

We disagree with
the medical board.

Don't think it was inadvertent,
we think it was deliberate.

Look, are you poking around
to see if we are open to a plea

'here because I will
tell you, Dr. Davis'

will not plead to anything
that will jeopardize her license

or her livelihood.

Okay, then we
won't offer her one.

So, you're prepared to
take this all the way then?

You know me, Doug.

Yes, I do.

Sorry to show up
unannounced, again.

Mr. Tersey, you have some kinda
secret password to get in here?

I was just picking up
some documents from chan.

I promise I'll only
stay for a second.

- I-I was just...
- I was gonna call you.

We're moving forward.

Dr. Davis is surrendering
this afternoon.

She'll be arraigned
in the morning.

Oh, my god. Wow,
I mean, that's great.

- It's a first step.
- Finally!

Well, it's still a long road.

A lot can go wrong between
now and a conviction.

But you're the one
that got the car started.

So to speak. I mean, no
one else did so, thank you.

My pleasure.

Uh, we think
Dr. Davis and your wife

may have known
each other in the past.

Not that I know of.

Well, maybe if we could
look through her things.

- Papers, records, computer.
- I'll see what I can find.

- Okay.
- It well, um..

I'll let you back to work.

Thank you, thank you, thank you.

- I'm lighting a candle.
- Me, too.

Bye-bye.

Your honor, this so-called
murder happened during the

course of a routine medical
procedure, this case should

be returned to civil
litigation where it belongs.

(Judge) 'That's a question for
the trial court judge, Mr. Hellman.

I'm not dismissing any charges.

I'm not suggesting that
you should, your honor.

I'm asking my client be released
on her own recognizance.

Tell you what, Mr. Hellman,
I'll do the next best thing.

Bail is set at $50,000...

Your honor, that's no
impediment to flight at all.

Defendant has substantial...

She has no intention
of going anywhere.

Her career is here.

Let me finish,
counselors, $50,000

and Dr. Davis
surrenders her passport.

So I have a meeting with
your boss this afternoon.

Thought you weren't
interested in a plea.

Well, I'm not, I'm just, uh

hoping to make your office
see the error of its ways.

Witness heard your client say
Juliette tersey humiliated her.

Well, I respect
your tenacity, Jim

but you just haven't done your
research properly. Now here.

Juliette tersey was helping
my client get into her club.

Not keeping her out.

Why haven't we
seen these before?

Just came to our attention
and these good people decided

to come forth after
your office has decided

to wage this vendetta
against my client.

We're gonna wanna
depose these people.

You can depose
them all you want.

They will testify under oath
that they were contacted

by Mrs. Tersey and that she
was actively lobbying her friends

on the membership committee
to support Dr. Davis' application.

So you've just lost intent.

And with that, your
case for murder.

[Instrumental music]

These e-mails contradict
the prosecution's assertion

that my client carried a
grudge against Mrs. Tersey

'which is their basis for
intent and a murder charge.'

- counselor?
- Your honor.

There is no evidence
Dr. Davis knew of these e-mails

or Mrs. Tersey's alleged
efforts on her behalf.

We will show she had intent

to murder and that she did carry
a grudge against Mrs. Tersey.

Another club member heard

Mrs. Tersey and Dr. Davis
arguing about this very point.

Half a conversation
overheard from a distance.

Your honor, this
is a question of law.

There was no intent here

which is a required
element of the crime.

I'm inclined to agree.

Ms. Scofield, I hear you
straining to establish intent

and I'm not looking
forward to your office

doing that in front of a jury.

Your honor, I am confident...

Based on the facts laid
down by the indictment

you have not stated
the intent for the offense.

'Amend the indictment.'

or I'm cutting this one loose.

Annabeth.

- Nick, hi.
- Hey.

I just left some boxes
with your investigators

from my mother-in-law's attic.

Uh, Juliette's
letters, school papers

uh, college thesis,
stuff like that.

That's great. Thanks.

If you find love letters
from her old boyfriends...

I won't read the
juicy parts. I promise.

Uh, speaking of juicy

I was reading the Indiana
criminal code last night...

There's a cure for insomnia.

The lesser charges,
manslaughter don't seem to apply.

In Indiana, manslaughter means,
the person acted in sudden heat.

Since Dr. Davis had to have
planned the overdose beforehand

it'd be murder, if she didn't it
was negligence and not criminal?

We might be able to make a
case for criminal recklessness.

A c felony, eight years tops.

You have been
reading the statutes.

The defense has found
some evidence that indicates

your wife was trying to get
Dr. Davis into the country club.

Well, that sounds like Juliette.

- She never discussed this?
- No.

Why what difference
does it make?

If Dr. Davis knew your
wife was helping her

it undercuts our
theory of her motive.

Try not to worry about
it. We'll deal with it.

I know.

- I appreciate it.
- Just have faith.

A hundred operations, a
week at the clinic, you'd think

Dr. Davis could have nipped
some drugs in the process.

I tracked down an old buddy
of mine with the DEA, he put me

in touch with the division that
deals with drugstore cowboys.

Doctors who
use, stuff like that.

They have an entire
division for that?

- Scary thought.
- 'I asked him all the ways.'

he's seen medical
professionals steal anesthesia.

They're pulling cases
and getting back to me.

Good. Have we found a
connection between Juliette tersey

and Stephanie Davis yet?

Maybe. They went to the
same high school for one year.

This is Stephanie
Davis' yearbook.

Victim was Juliette
Flemming back then.

And Dr. Davis was
Stephanie Kramer.

She was using her
mom's maiden name.

That's how we
missed it the first time.

That's where the
similarities end.

Juliette Flemming,
cheerleader, prom queen.

Voted best looking
and best legs.

And our perp, mm,
no superlatives.

But Stephanie Kramer was
quite the academic overachiever.

Debate team, mathlete
founder and president.

Philosopher's club, founder
and president and only member.

Lots of titles, not
much sign of life.

'Anybody know what the hearts
with slash through it means?'

'it's on Juliette's
yearbook page.'

probably some
kind of inside joke.

Only a handful of people
signed Davis' yearbook.

"There are big
ships and small ships

but the best ship
of all is friendship."

Nice.

Signed "a.K.

Your study buddy."

Steph and I weren't exactly
the hot girls in the hallway.

We actually cared
about studying.

Did you know Juliette tersey?

I mean, uh, Flemming,
in high school?

I knew of her but we
weren't friends or anything.

She was one of the "Barbies."

Pretty, popular, super entitled

it was like everything
was a game for them.

- What about Dr. Davis?
- Steph wasn't in that crowd.

Did you know of any connection
between Stephanie Davis

and Juliette tersey other
than just passing in the hall?

Well, there was a boy.
Steph was crazy for him.

They dated all
through senior year

and then suddenly he
started going with Juliette.

And acting like, you know, he
didn't know Stephanie from Adam.

- Do you remember his name?
- Yeah, jud stern.

Brainy, sensitive type.

Came from a great family

million miles from
Stephanie and her mom

and their one bedroom
rental above a package store.

We were together
most of senior year.

Even talked about getting
married, having kids.

Sounds serious.

As serious as 17
year olds can be.

Right before commencement

just before the prom
actually I broke up with her.

For Juliette Flemming.

Juliette was so
vivacious, so pretty.

So popular.

I fell head over heels.

I broke up with Stephanie

I took Juliette to
the prom instead.

- That must have hurt.
- I'm sure it did.

Did Stephanie go to the
prom with someone else?

- Stayed home.
- Ouch.

I was a jerk, but I got mine.

A few weeks later,
Juliette dumped me.

What goes around
comes around, right?

Mm, high school. Seems
so tragic at the time.

And so trivial in retrospect.

You graduate, you go to college,
you get married, you have kids

you go to the reunion,
hardly recognize anyone.

You ever see Stephanie
again, after high school?

She called me
regularly for a few years.

Couldn't let it go. I
finally asked her to stop.

Sounds a little obsessive.

That was what was
so uncomfortable to me.

Even the last time I talked
to her, like five years later

she was still bitter.

I mean, get over it.
Get a life, you know.

Juliette stole this
guy from Dr. Davis?

I didn't even know they'd
gone to the same high school.

Why is this all significant?

Mr. Stern's statement
give us intent.

A high school grudge?

A long standing animosity
between your wife and Dr. Davis.

Which exploded when she was
rejected from your country club.

Sorry, um,

I'm having a hard time
getting my head around this.

Stephanie Davis killed my wife

because she might have been
mean to her in high school?

Well..

Uh, Gabby, um,
this is miss chase

'she's from the prosecuting
attorney's office.'

- hi.
- Hi, Gabby.

How are you?

Um, at the trial

are you gonna have
to like tell everyone

how my mom was in high school?

We might have to.

She wasn't always like that.

'You know, just because
someone's mean'

once in their life doesn't
mean they're like that forever.

Gabby.

Can you give us a few minutes?

- It was nice meeting you.
- You, too.

- This is so hard on her.
- I can imagine.

I know you can.

Um, I read about what
happened to your husband.

'And I'm sorry.'

then you know I understand

what you and Gabby
are going through.

People mean well.

"It's been a year. You
should be getting over it."

- Moving on with your life.
- Dating.

- A year's not that long.
- No. It really isn't.

Have you done any of that?

- Moving on?
- Dating?

Uh, well..

I mean, with work and
Haley, who has time?

- It's hard.
- Sometimes.

You know?

Yeah, I-I do.

Killing over a high
school boyfriend

is even crazier
than killing over

not getting into a country club.

No kidding. High school
boyfriend? You get over that.

My junior year

Sean brophy broke up with me
because he said I was too bossy.

- Imagine that.
- I thought my life was over.

Now I can't even remember
what he looked like.

Is it just girls, or do
guys do this, too?

I don't know about high school

but, there was this
guy in law school

we got into it over a girl.

Never did Bury that hatchet.

All the anesthesiologists
in Indianapolis

and Mrs. Tersey winds up with
the one who wants her dead.

Do we know how
Dr. Davis managed that?

Ed spoke to the
other anesthesiologists

'scheduled to do the procedure.'

she and Dr. Davis
switched shifts

after she won
some sort of contest.

A contest? What kinda contest?

We did run a
promotional contest.

A thank you to all our customers
for our first year of operation.

Which has been awesome.
We picked a name out of a hat.

- Spa day of your choice.
- Who was the winner?

Uh, Darrell lindstrom.

A guy?

Our warm-stone massage
is very popular with men.

We understood Dr. Gwendolyn
donner was the winner.

Uh-huh. Dr. Donner.

I have her. Oh! There's
a note on her file.

It says a friend of hers
asked us to play along

and tell her she'd
won the contest.

Ha! Maybe like a
prank between friends?

Friend?

Paid for the gift certificate
in cash, so no name.

Could this have been the friend?

Sorry. We see so many faces
they all kind of blur together.

- The day Dr. Donner came in...
- October 3rd?

That was the day your
winner came in. Mr. Lindstrom?

No. He came in a month later.

The gift certificate was
good for three months.

They all are.

Here. Here's Dr. Donner's.

Except this one.

Huh. One day only. October 3rd.

I don't know what to
tell you about that one.

Counselor, please.

Tell me why I shouldn't
dismiss the murder charge.

Your honor, we've
amended the indictment

to allege additional facts.

The victim stole the defendant's
boyfriend in high school.

The emotional fallout from
that experience lasted for years.

Dr. Davis had the
requisite intent for murder.

This assertion
is a gigantic leap

even given the prosecution's
liberal standards.

'Dr. Davis committed
a medical error.'

this case does not
belong in a criminal court.

This isn't about a
high school grudge.

It's how that grudge finally
led to an act of revenge.

We have evidence that Dr. Davis
planned this murder for weeks

by arranging for her
coworker to be out of the office.

This gift certificate
was paid for in cash

and then tampered with, so
it was only good for one day.

The day of Juliette
tersey's operation.

The high school animosity
lends itself to motive

and the forged gift certificate
proves premeditation

and therefore intent.

This is a baseless
accusation, your honor.

The prosecution has
absolutely no evidence

linking my client
to that document.

We intend to do just that. Link
your client to that document.

Enough, counselors.
You're arguing facts, not law.

You've convinced me, Ms.
Scofield. You have intent.

This case is going to a jury.

[Instrumental music]

And after the membership
committee voted?

We went to the bar and
blabbed to everyone who got in.

Were Stephanie Davis and
Juliette tersey at the bar?

'Dr. Davis was.'

how would you describe her mood?

Well, she was upset, obviously.

- Did you talk to her?
- No. She left abruptly.

Did you see her after that?

Later, down by
the tennis courts.

What was she doing?

Arguing with Juliette tersey.

Did you hear any
of that argument?

'Just a smidge. Dr. Davis said'

"I can't believe you're
humiliating me again."

Objection, your honor.
Hearsay. Move to strike.

It falls under the hearsay
exception, your honor.

- Statement against interest.
- Overruled.

You said Dr. Davis seemed
upset the day she learned

her membership
had been rejected.

- Quite unhinged.
- Objection, your honor.

(Judge horton) 'Please
confine your remarks to the facts'

not opinions, Mrs. Rogers.

- 'Yes, your honor.'
- Upset? Disappointed?

Yes.

But surely that must have
eased after a few days.

On the contrary,
she wrote letters

and called the committee
members at home asking why.

'If anything, it made
the situation worse.'

no one does that.

Nothing further, your honor.

I'm curious. Why would
Dr. Davis blame Juliette tersey?

I don't know, really.

'Was Mrs. Tersey on the
membership committee?'

'no.'

she have any unusual influence?

Apparently not. Dr. Davis
only got three votes.

And 18 against.

So why would Dr. Davis
blame one person in particular?

- I don't know.
- Neither do I.

But didn't Mrs.
Tersey lobby in favor

'of Dr. Davis' admission?'

'that's what people said.'

but we have affidavits
from committee members

saying she did just that.

Then she must have.

So, to your knowledge

did Juliette tersey do anything
at all to prevent Dr. Davis

from getting into the
beach Ridge country club?

No. Not to my knowledge.

Thank you.

We find anything?

I found one interesting
thing in the d.A. Cases.

They put away an anesthetic
nurse at a big hospital

who was skimming anesthesia
off the top of every patient

and substituting it
with saline solution.

Maintain a healthy
drug business on the side

while wreaking havoc
with the surgical patients.

So what are we looking for?

For the quantity
we're looking at

documentation of a
patient not going under

or worse, waking
up during surgery.

Waking up during surgery?
These are not nice people.

Can we look at Dr. Davis' files?

Doing it as we speak.

Give me some. Our
last witness is up next.

'Juliette and I were best
friends since fifth grade.'

part of the popular girls.

Thought we ruled the school.

And after Juliette
took judd stern

away from Stephanie Davis

how long were they together?

- 'They weren't going out.'
- 'What do you mean?'

judd thought they
were, but they weren't.

Juliette was just playing him.

(Annabeth) 'Playing him?'

like a game?

'Yeah. A game. It was
just this stupid thing we did.'

we tried to break people up,
you know? To see if we could.

(Annabeth) 'The point of
which was what exactly?'

(Vanessa) 'What
cool girls we were.'

how attractive we
thought we were.

How we thought we could get
anything and anyone we wanted.

'Did anyone
outside of the circle'

of popular girls know
about this game?

It was supposed
to be a secret, but..

- 'Did Stephanie Davis know?'
- 'She found out eventually.'

we listed the tallies
in the yearbook page.

You know, the
people we broke up.

- You kept score?
- Yes.

Can you read from Juliette
Fleming's senior yearbook page?

The heart with the line
drawn through it diagonally.

"Sk plus js."

That would be Stephanie
Kramer and judd stern.

(Annabeth) 'Stephanie
Kramer, Dr. Davis' maiden name.'

and did Dr. Davis
know what this meant?

After the yearbooks came
out, she saw it and asked..

So I told her.

[Instrumental music]

Malpractice claims involving
anesthesiologists are common.

Virtually every surgery
requires anesthesia

and it can be the most
dangerous part of the operation.

There are inaccurate dosages.

Iv positioning injuries,
improper intubation placement.

So you've studied Juliette
tersey's case file then?

(Dr. Lawrence) 'In my opinion, the
conclusion of the medical licensing board'

was correct, Dr. Davis
was negligent.

And Dr. Davis was reprimanded.

'Yes. And I agree
with that decision.'

it was the appropriate
step to take.

What about the overdose?

'Again, I agree with the board.'

in my opinion, it
was accidental.

(Doug) 'Thank you,
doctor. Nothing more.'

your honor, the people have
no questions for this witness.

(Judge) 'Dr. Harrison,
you're excused.'

your honor, we see Mr. Hellmann
has a number of expert witnesses

scheduled to testify.

Four more, your honor.

All board-certified
anesthesiologists.

Guaranteed to put us
all to sleep, I'm sure.

In order to spare this
court and the jury the tedium

of redundant testimony,
the people will stipulate

to the rest of Mr. Hellman's
expert witnesses.

- It's fine by me, sir.
- So ordered.

The sworn statements will
be entered into the record

and court is
adjourned for today.

Hellman kicked our butts
with his expert witnesses.

Most I could do was
damage control by stipulating.

At least the jury didn't
hear it all directly.

I've been talking to my guy
at the DEA, turns out a dose

of anesthesia can be off a
cc, it won't affect the operation.

Any more and the
patient wakes up, right?

We haven't found any evidence
of that with Dr. Davis' patients.

But here's the
thing. If it is off a cc

patient gets through surgery
fine, but wakes up with severe

acute, really bad,
more-than-normal post-op pain.

There wasn't anything about
acute post-op pain in the file.

Those ended at the surgery,
we never subpoenaed

the post-op files.

The subpoena was
researching for stolen drugs.

And the post-op files were
outside of those parameters.

You're thinking she might
have given some of her patients

less anesthetic than
she should have.

My DEA said this would be
a smart way for Davis to go.

Untraceable, almost
impossible to prove.

If she skimmed a cc a piece
from a half a dozen of her patients

and stockpiled enough
sufentanil to kill Juliette tersey...

- We'll need another warrant.
- You get it.

- We'll go to the clinic.
- Prosecution rested.

If you find anything, we'll need
to petition the judge to reopen.

See if we find anything first.

Friday night. I've
got dinner plans.

You're welcome to leave anytime.

We'll just make
ourselves comfortable.

What exactly are
you looking for?

Patients of Dr. Davis
who got sufentanil during

their procedures and then
experienced post-op pain.

Some patients experience
pain when they come to.

- It's not unusual.
- 'Here's one.'

female patient got a mini
face lift, complained about pain

in recovery, recovery nurse
gave her additional meds.

Here's another,
breast implant surgery

complained of pain in post-ops,
also one of Davis's patients.

Two in two weeks,
both Davis's patients.

Like I said, it happens.

A lot apparently.

Sufentanil for surgery,
also post-op pain.

This one also got
additional meds in post-op.

I don't understand.

Make that six patients in one
month, all Dr. Davis's patients.

Oh, my god.

Six cc's.

That's the amount Juliette
tersey overdosed by.

[Intense music]

The people have new evidence
that prove intent and means

in the death of Juliette tersey.

The prosecution rested its
case on Friday, counselor.

'Your honor, we found
medical records that suggest'

the defendant was
stockpiling sufentanil.

We can prove she did so
in order to kill Juliette tersey.

Your honor, this evidence is
highly prejudicial to my client.

Now, it should have been
turned over to us during discovery.

Why wasn't this
evidence made available

to Mr. Hellman before trial?

The court limited the
original subpoena because of

doctor-patient privilege,
we didn't have access

to Mrs. Davis' post-op
records until now.

So you lost an evidentiary
motion, it doesn't give you

the right to sandbag a defendant
on the Eve of a jury verdict.

'This could determine
the entire outcome.'

if we would've known of
this evidence, we would have

employed an entirely
different strategy.

I agree with Mr. Hellman.

Allowing these records would
pave the way for an appeal.

'This evidence was foreseeable.'

people should've asked
for a broader subpoena.

'I'm ruling in favor
of the defense.'

motion denied.

[Dramatic music]

I went to high school with
Juliette, when I was a guest

at the country club we struck up
a casual acquaintanceship again.

And when you applied for
membership at the country club?

She offered to help.

And when that membership
fell through did you harbor

any animosity towards her?

On the contrary I was grateful.

And when you failed to
read her chart properly

or adjust the
dosage of sufentanil?

I had no intention
of harming Juliette.

It was a terrible mistake.

'I wish with all my
heart I could do it over.'

have that moment back.

Thank you.

Your witness.

Are you often distracted
during an operation, Dr. Davis?

Every once in a while.

How long have you
been an anesthesiologist?

Eight years.

- 'Ever sued for malpractice?'
- No.

How frequently do you administer
sufentanil to your patients?

In an average week,
I do 20-30 surgeries.

I use sufentanil
about half of them.

So is it fair to say that
for the past eight years,

ten to 15 times a week
you've administered the drug

sufentanil without incident?

- Yes.
- And the one and only time

you've given a lethal
dosage to a patient.

- It was to Juliette tersey.
- Yes.

The woman who scorned you
in high school, made you feel

rejected all over again
at her country club.

The woman who let you
down after setting you up.

Your honor, perhaps Ms.
Chase could let the witness testify.

I'd be more than
happy to let her answer.

Which question was that? Perhaps
counsel can refresh our memory.

- Was that just a coincidence?
- I'm sorry?

How is it you happened to
make your only lethal error

on a patient with whom you
had a history of antagonism

and humiliation?

I never bore her any ill will.

Juliette trusted
me with her life.

I'm the one who let her down.

You're not the victim here.

- Your honor.
- No further questions.

(Judge) 'Redirect?'

the defense rests, your honor.

Your honor, we'd like to call
Dr. Jennifer Taylor to the stand

as a rebuttal witness to
Stephanie Davis' testimony.

Sidebar, your honor.

Chambers. The court will
take a 15-minute recess.

She's retrying the
motion, your honor.

It's an obvious ploy by the
prosecution to reopen the case.

The defendant opened
the door, your honor.

She said she was distracted
every once in a while.

We'd like to rebut her
testimony, the plastic surgeon

she worked with, Dr. Taylor,
will testify, in her experience

she never saw Davis distracted.

The defense is
happy to stipulate

to Dr. Taylor's recollection.

With all due respect, since
the defendant testified to it

her first-person account
will carry far more weight

than any instructions
from the bench.

'It is the state's right
to rebut testimony.'

whether she was distracted
goes to the heart of the matter.

The right to rebut
testimony is black-letter law.

Cuts both ways, counselor.

Based on your observations
of Dr. Davis' work

have you ever seen her
make a similar mistake?

No.

How often do you have patients

come out of surgery with
more than usual pain?

No more than one
a month on average.

'Have you ever had six
patients in one month'

experience post-op distress?

- No.
- Dr. Davis did.

(Dr. Jennifer) 'Yes,
according to their charts'

'in the month before she
assisted me in the operation'

that led to Juliette
tersey's death.

These six particular patients
of Dr. Davis had acute

more than normal,
post-operative pain.

And what conclusion
would you draw from that?

- Objection.
- I'll allow it.

(Annabeth) 'Doctor?'

that they were under medicated
at the time of their surgery.

(Annabeth) 'What
drug did Dr. Davis use'

'as her anesthetic in
those six operations?'

sufentanil.

Could she have withheld
one cc sufentanil per patient

per surgery and
stockpiled it for future use?

Objection. Speculative.

I'll allow it.

Doctor?

Difficult.

But not impossible.

Not at all.

[Indistinct chattering]

In the case of the state of
Indiana vs Dr. Stephanie Davis

on the count of murder, the
jury finds the defendant guilty.

Sentencing will take
place two weeks from today.

The defendant is remanded.

[Gavel pounding]

[Dramatic music]

"Your honor..

"Thank you for allowing me
a chance to address the court

"on behalf of my mother..

Juliette tersey."

When I was nine years old..

I told this girl,
Eleanor steinman

that she wasn't allowed
to eat with us at lunch.

My mom found out and she made
me invite her over every single

Friday... just so that we
could become friends.

'If I ever had a birthday party'

I had to invite the
whole entire class..

So that no one
would feel left out.

My mom told me that..

That she was way too popular
and that she was way too spoiled

when she was in high school.

'That she didn't want
me to be the same way.'

mom, she must've felt bad about
what she had done to Dr. Davis.

I think she also felt that
Dr. Davis would've forgiven her.

My dad told me that in
order to get a conviction..

Ms. Chase would have
to tell the court about

how my mom had been back then.

I just..

I just thought you should
know how she had been to me.

[Dramatic music]

(Maureen) You
are a very brave girl.

Well, she gets it
from her mother.

Well, thank you for everything.

You have no idea how
much you've done for us.

[Instrumental music]

That was a nice thing for
him to say, don't you think?

I don't think he
was talking to me.

[Music continues]

(James) It's funny how
selective our memories can be.

I couldn't name half
my law school friends

but I remember vividly
anyone who's ever crossed me.

Including grudge boy?

Especially grudge boy.

You guys got me
thinking about him.

Maybe it's time I called him up

and apologized for what I did.

What you did?

We were once
chasing the same girl.

Oh, do tell.

He had a big paper due,
and he beat me to the punch,

he asked her out.

Now, I had a terrible
crush on this girl.

So I deleted his paper
from the computer.

[Chuckling] No, you didn't.

I did.

So he spent the evening
rewriting the paper.

- I went out with the girl.
- So what happened to her?

Ah, it didn't work out, we
were together for a while.

- But, you know, in the end..
- Well, maybe it was Karma.

I'd like to talk to this
woman, ask her a few things.

That's unlikely to ever happen.

Are you scared she'll tell me
some good stories about you.

No, it's just that
she doesn't live here.

She's back in New
York raising our daughter.

(Female narrator) Stay tuned
for scenes from our next episode.

[Instrumental music]

[Music continues]