All language subtitles for Law & Order s09e16 Harm.eng

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.

Dad, we're here.

Alex, go tell Grandpa
that it's time to go to the movies.

Stewart, it's me.
I'm going to drop Alex off at about 6:00.

We're seeing
a movie with Dad.

That's because
you don't listen.

Grandpa's taking
a nap, Mommy.

Well, wake him
up, sweetheart.

I tried.
He won't wake up.

Stewart,
don't hang up.

Dad?

Oh, my God!

Victim's Kenneth Slattery,
age 67.

His daughter found him.

He was unconscious
when the EMTs took him out.

Said it was
touch and go.

You check the upper floors?
All clear.

Daughter said there
was a maid comes in three times a week.

Let me guess.
Today's her day off.

That's the trouble
with maids, never around when you need them.

Looks like he took
a couple of blunt force blows to the head.

Yeah?

What's the blunt
instrument of the day?

Beer stein, from
his alma mater.

Hmm, Harvard.
Class of '55...

My alma mater gave out
commemorative beer cans.

Juris Doctor degree.
Guy was some kind of lawyer.

Doesn't mean he deserved
to get beat, Rey.

This is where
he got hit, huh?

You got a time?
Blood's just starting to coagulate.

The daughter found
him at 3:00 p. m.

I'd say it was
about one-to-two hours before that.

Any forced entry?

No. Whoever did
it was let in or had a key.

Slattery's day planner,
today's page is empty.

Custody recommendations.

This guy wasn't
just a lawyer, Rey.

He's a divorce lawyer.

Doesn't mean he deserves
to get beat, Lennie.

I don't understand who
could have done this. My dad doesn't have any enemies.

What about personal
problems? No.

Something related
to his practice?

A dispute with
a client maybe?

My father retired five years
ago from Peckinpah and Greene.

He doesn't have any clients.

We found custody
recommendations on his desk.

Yeah, he was doing
some pro bono

mediation in child
custody cases.

So, people were coming in
and out of the apartment?

Couple of days a week.

The only print Latent found
on the beer stein belongs to the victim.

He's from Harvard,
so I guess it's not the pinky.

Any suspects jumping out?

Just a lot of parents I'd like
to slap some sense into.

People trying to split up
their kids along with their pennies.

Any wife
beaters in there?

A few. Why?

After beating a woman,
an old man isn't too far out of your strike zone.

What about this one here?
Javier and Linda Hernandez.

He's got a history
of spousal abuse.

Their hearing keeps
getting postponed.

Slattery's the third
mediator they've had. The other two gave up.

Smart move.

Well, your first two mediators
say you have a habit of threatening people.

You ever threaten Slattery?

Slattery keeps telling me,
"You got to compromise this,

"you got to compromise that.
You got to compromise with your wife. "

You don't like to compromise?

How can I compromise if she
won't do what I say, huh?

This whole thing would've
been settled if it wasn't for Slattery.

He missed a meeting with
Linda and me and the judge two weeks ago.

Why don't you just
tell us where you were

Thursday afternoon?

I dropped a block
of ice on my foot Wednesday, so I stayed home Thursday.

By yourself?

Yeah. You can
check with Linda.

She was calling me every two
minutes, harassing me.

That balloon head tell
you he hasn't given me

any money for the kids
in over a month?

We're here about
Kenneth Slattery.

He got beaten into a coma.

That's too bad.

Doesn't sound
like he was too popular with you or your husband.

He was jerking us around.
He blew off our last custody conference.

Some bull about a big case
he had in New Jersey.

You think your husband
got mad enough to do anything about it?

Javier? He'd have to borrow

a set to do
something like that.

What about you?
Where were you Thursday?

I work day care on Thursdays.

You talk to your
husband Thursday?

Every chance I got. He stayed
home because he stubbed

his big toe. I told you,
he's a wimp.

Anything else?

If there is,
we'll be in touch.

Boy, those two must've
been the highlight of Slattery's week.

I don't remember him having
any cases in New Jersey.

It's not like my father.

He wouldn't cancel
at the last minute unless it was an emergency.

What emergency did he
have in New Jersey?

I don't know.

He have family out there?

No. Alex and I are
his only family.

Sorry to put you
through all this.

Lennie, monthly statements
from a document storage company in Fort Lee.

Mr. Slattery had two
storage units where he kept legal files.

Last time he was here
was two weeks ago.

For what? To poke
around his locker?

The clients don't have
access to the units.

They have to call ahead,
and we pull the records.

So, he requested
a specific box?

A Miss DeVoe called
for him. She's with Peckinpah and Greene.

Slattery's old firm.
Can you tell us what was in the box?

Is Kenneth Slattery
going to be all right?

He's still
in a coma, Ms. Weiss.

McFarland. Why do
you need to talk to me?

Mr. Slattery was my
divorce attorney 15 years ago.

Well, he pulled your file
from storage a week before he was attacked.

Well, I'm in a proceeding
with my ex-husband.

My current lawyer
asked for some documents from Mr. Slattery.

A proceeding 15
years after your divorce?

A financial thing.
It's pretty straightforward.

Kelly, it's the Chicago rep.
There's a problem.

I have to take this.

Straightforward
divorce matter? That's a new one on me.

It's over the buy-out I'm
getting from our medical corporation's pension plan.

I'm taking early retirement
at the end of the month.

Getting out while
you're still young?

My partners and I delivered
800 babies last year.

And, uh, these hot
shots'd like to double it if they could.

I need a break.

Your ex wants a piece
of your pie 15 years after the divorce?

I really don't want
to get into it.

If it was me, I'd be
jumping out of my skin.

The fact Slattery's
about to croak,

is that what's keeping
your blood pressure down?

If he does, I'm not planning
a long mourning period.

Fifteen years ago,
I was on the hook for Kelly's legal bills.

Slattery turned up so many
fees, I could've claimed him as a dependent.

Dr. Weiss says
his wife waived all claims on his pension

during a settlement
conference 15 years ago.

Ms. McFarland
says she didn't.

Wouldn't it be
in the divorce decree?

It isn't. That's why
Mr. Slattery was being deposed by her current lawyer.

So, depending on what
Slattery says, Mr. Weiss might have to

fork over how
much to his ex?

I believe she'd be
entitled to half of around $3,000,000.

Hard to testify when
you're in a coma.

Oh, Mr. Slattery had
already been deposed. Last Tuesday.

Two days before
he got a beer stein upside the head.

Uh, can we get
a transcript of that deposition?

Court records.
Weiss v. Weiss.

Where you want them?

If people got along better,
the old-growth forest might stand a chance.

And this was a marriage
with no kids.

All these two fought
about was money.

Well, you know what
the experts say.

If you want to get rich,
stay married.

Here we go.

Question, "At that time,
do you recall what if anything was agreed

"to concerning
Dr. Weiss's pension?"

Answer from Slattery,
"As best I can recall, in return for a raise

"in her alimony,
my client, Ms. McFarland, waived all future

"claims on his pension. "

Adi�s, 1,500,000 bucks.

I bet his client,
Ms. McFarland, was thrilled to hear that.

Yeah, really
thrilled. Get this.

"You son of a bitch,
you're lying, that bastard got to you, didn't he?

"Just like he did
all the others. "

And various
expletives deleted.

If I thought my lawyer
had been bought off,

I might pick up
a blunt instrument, too.

Can't you wait till
Kelly's here?

I really feel sleazy
talking to you behind her back.

Oh, think how
good you'll feel doing your civic duty.

I vote. It doesn't make
me feel any better.

Look, we just need to know
if she was in the office on Thursday afternoon.

If I lose my
job over this...

We'll give you
a good reference.

Thursday she
had an early lunch.

By herself?

I don't know. Then she
had a 3:00 at Bloomie's.

No, wait, I remember.
She canceled that meeting.

Why is that?

Well, she came back
from lunch at around 2:30.

Then she went
into the bathroom for 20 minutes,

and when she came out,
she told me to call and reschedule the meeting.

You won't let her
answer one question?

You're an attorney.
Her rights are being protected.

I'm a divorce attorney.

Until her criminal
attorney arrives, she's not talking.

Even a divorce
attorney can see it looks bad for her.

Because my client
raised her voice to Mr. Slattery? Come on.

She accused Slattery
of being bought off.

She didn't agree with
his recollection of what was said 15 years ago.

That's hardly
reason to kill him.

His recollection was
going to cost her 1,500,000 bucks.

Believe me,
that's a reason.

It's just an old
man misspoke at a deposition.

It's not the end
of the world.

There were traces
of Slattery's blood

in the bathroom
of your showroom.

Well, now it is the end
of the world, Mr. Shea.

If Mr. Slattery survives,
a statement from your client

could make the difference
between assault and attempted murder.

I wasn't trying
to kill him.

Kelly, I think
you should wait.

No, no. I want
to tell my side.

I don't know how he
did it, but my ex-husband bought Slattery off.

Ms. McFarland,
I'm not interested in...

We had a summer
house in Dutchess County.

To keep it out of my
hands, he used an old power of attorney

and he sold it to his
brother for a tenth of what it was worth.

That's what
Jacob does.

Right. Every
ex-husband's the bad guy.

I played the game, too.
I'm not saying I didn't.

But Ken Slattery lied.

He knew. I didn't
waive away my rights.

I went to see him,

to beg him to just
tell the truth, and he refused.

So you hit him?

He tried to push
me out the door,

and I was in such
a rage, I picked up this mug and I...

I swung it at him.

It sounds like there's
a lot of mitigation here, Ms. Carmichael.

$1,500,000's worth.

No, no. I don't care
about the money. It's Jacob.

You don't understand
what it's like to fight

somebody who always
gets his way.

All right,
we'll look into it.

I'll make arrangements
to have her statement taken.

The hospital just called.

Slattery's out of his coma,
but the doctors won't let him talk to anyone.

We booking her for
attempted murder?

We can amend it once
all the facts are in.

What facts?

The lady's facing
12-and-a-half-to-25. She'll say anything.

I checked into that
summer home business.

She was on the money.

A court nullified
the sale.

It's not the same
thing as paying off a lawyer.

If Weiss was playing
fast and dirty 15 years ago,

he'd do it again
for 1,500,000 bucks.

If Lennie is siding with
the ex-wife, there has to be something to it.

So, what? Now we're going
to investigate perjury?

If Slattery lied on
Dr. Weiss's behalf,

it could mitigate
the assault.

You know where
to reach me.

Since he retired,
I get a few calls a week for Mr. Slattery.

I take the numbers and
pass on the messages.

Can I take a look
at your phone log?

You get any calls
from Dr. Weiss? Thanks.

No, of course not.
Why would he call?

Well, Ms. McFarland
thinks he might

have talked to Slattery
about the deposition.

What do you mean?

Influenced what
Slattery said.

Mr. Slattery wouldn't
lie under oath.

Lennie,
what phone number do we have for Weiss?

Now, you took
a message three weeks ago from Dr. Rudnick?

Yes. He called
for Mr. Slattery.

Well, the phone
number he left is the same as Weiss's.

So now Weiss
is using a phony name?

There's nothing phony
about Dr. Rudnick. He happens to be the doctor

who delivered
Mr. Slattery's grandson, Alex, five years ago.

Well, there were,
uh, complications with the delivery.

His, uh, his
daughter's diabetic,

and his grandson
was a breech baby.

We almost lost
both of them.

So why'd you
call Slattery?

You like the brand of
cigars he handed out?

After I, uh,
delivered his grandson,

he was, uh,
very grateful.

He gave me a free
pass for legal advice.

That's why I called him.

You sure it wasn't because
your partner, Dr. Weiss, needed a favor?

A favor?

Yeah, a "Help me pull a fast
one on my ex-wife" favor.

No, I told you why
I called Slattery I have nothing else to add.

Dr. Rudnick...

Yeah, it was nice
talking with you. I'll be in Room Six.

Okay.

I wouldn't put Rudnick
or Weiss above cooking up a little perjury.

I checked them out
with the Health Department.

Rudnick's on
a three-year probation

at St. Mark's Hospital.

Weiss got his wrists
slapped for some billing irregularities.

And their third
partner, Dr. Michaels,

has had his privileges
there suspended twice in the last five years.

This is some
medical practice.

So, Weiss's bank
records don't show any payouts to Slattery.

But he's using
the money from his pension plan

as collateral for
a loan in Greenwich.

A retirement home?

No. He's buying into
another medical practice.

He's going to be
the new star player

at the Mendelson
Women's Clinic.

So much for retirement.

The only thing
I hate worse than going to the doctor,

is going to a doctor
who lies to me.

So maybe Weiss
is running from trouble with his practice here.

Well, we need
to know what that trouble could be.

Start with the hospital.

There was a misdiagnosis
of a tipped uterus.

Failure to do some
standard tests on pregnant women.

That sort of thing.

Doesn't sound so bad.

Any problems they aren't
on probation for?

No. They're very popular
with their patients. We've had very few complaints.

Well, what do
patients know, right?

They do high-risk
deliveries?

They've had
no problems there.

And they perform surgery?
Female surgery?

Yes.

And?

Dr. Rudnick and Dr. Michaels

had a death in the O.R.
three months ago.

The patient died
of cardiac arrest.

Our preliminary report
exonerated them of any wrongdoing.

No kidding?

What was the patient's name?

Maureen Gerard.

Cardiac arrest?
My wife was 35-years-old.

She ran four miles a day.

Why was she
being operated on? Uterine bleeding.

She had polyps.

Rudnick told me it was
a routine procedure.

Six hours later,
she was dead.

Michaels could barely
look at me when he told me.

Rudnick, the great doctor,
couldn't even face me.

Mr. Gerard, the hospital
says they didn't do anything wrong.

Then why won't
they give me the records?

No one's even
bothered to call me.

I've hired a lawyer
and I've filed a lawsuit.

When did you file?

Two months ago. Those
bastards were served on November 12th.

Those bastards
include Dr. Weiss?

My lawyer said
I had to sue all three partners in the practice.

I'm going to run
them out of business.

Mr. Gerard.

Excuse me a minute.

He files suit
November 12th.

A week later,
Weiss notifies his pension plan trustee

he's pulling his dough
out of the practice.

What a coincidence.

The guy panics over a lawsuit?
Isn't that what malpractice insurance is for?

Unless whatever
Rudnick and Michaels

did to Mrs. Gerard
wasn't covered.

Criminal act?

That lawsuit has
nothing to do with my decision to retire.

Retire? You're taking
a 20%% pay cut to join a clinic in Greenwich.

You know Dr. Rudnick
screwed up in that operating room.

That's how you got
him to help you by calling Mr. Slattery.

I didn't ask
Bill Rudnick for any favors.

I can't believe you put
any stock in the rantings of my ex-wife.

Dr. Weiss, we're not
interested in prosecuting a perjury charge.

We're interested
in what happened to Maureen Gerard.

He wasn't in
the operating room.

He doesn't know anything.

Then why is he running
as fast as he can from Rudnick and Michaels?

I don't know what
she's talking about.

Can we leave?
Mr. McCoy, Ms. Carmichael.

Doctors. I can't
believe my mother wanted me to marry one.

I'm pleading Kelly McFarland
out on assault two, one-to-two years.

Have you talked
to Slattery?

No. He refuses
to talk to us.

I see a few wisps
of smoke here Abbie, but where's the fire?

You have
a high tolerance for coincidences.

Maybe they all thought
lying under oath was the trendy thing to do.

What's it got
to do with Maureen Gerard's death?

If the malpractice lawyer
digs up any malfeasance, we'll revisit it.

Oh, yeah, sure. Let's let
an ambulance chaser prosecute a homicide for us.

I'm going to subpoena
Mrs. Gerard's hospital records.

The records show
Maureen Gerard died of a cardiac arrest

brought on by
a fluid imbalance.

What kind of fluid?

Electrolyte solution.

In a laparoscopic
myomectomy, the surgeons fill the uterine cavity

with the solution
to facilitate surgery.

Then they remove
the polyps with a laser.

It's a routine procedure.
Usually foolproof.

Huh, usually.

Well, apparently
the fluid wasn't draining from Mrs. Gerard.

She became bloated.

Two hours later,
she had a cardiac arrest.

Is that malpractice?

I didn't find
any negligence.

Well, how much fluid
did they pump into her?

Hmm...

Well, chart says
4,000 ccs of a 20%% electrolytic solution.

And the machine tells
them how much it's pumping into the patient?

Yeah. There's
a digital readout.

There's a fiber optic camera
attached to the laser

so that they can see
what's going on on the monitor.

The solution goes
in this tank

and comes out this nozzle.

And the pump would be
monitored by a nurse?

At all times throughout
the surgery.

Is it possible
it delivered more fluid than it indicated?

We check every
piece of equipment before surgery.

Can I see
the service record?

Rudnick and Michaels do
a lot of surgery here?

Myomectomies,
hysterectomies, ligations.

They're very busy.

They bring in
a lot of business.

They have a very
good reputation. Here you go.

It's a five-year-old machine.

We have an X-ray
machine that's older than you are.

If it works,
it works.

It says here it was signed
out for use in Operating Room Three that day.

Mrs. Gerard was in
Operating Room One.

Oh, here. It was
used on Mrs. Gerard at 7:00 a. m.

Starting at 8:20
it was used in O.R. Three.

But Mrs. Gerard
was in surgery until 9:15.

Wouldn't they have
been using that machine the whole time?

My doctor ran into some
complications during the removal of some ovarian cysts,

so he decided to try
the laparoscopic laser system.

Which was in O.R. One
with Rudnick and Michaels.

I went in there
to see if they were done with it.

I saw it sitting
in the corner, so I just rolled it out.

Were they still
operating on Mrs. Gerard?

Yes. They had
another laparoscopic system in there.

I was told the hospital
only had the one.

Who was working
the electrolytic fluid pump?

A nurse I'd
never seen before.

She wore glasses,
and Dr. Michaels called her Glynnis.

I don't know any
nurse by that name. Ms. Tashe made a mistake.

So, she just imagined
seeing a second laparoscopic laser?

Yes. There
was only one.

And after Ms. Tashe
took it, what did you use on Mrs. Gerard?

Nothing.
Laparoscopy was over.

But the record shows
Ms. Tashe took the machine almost an hour...

So she got
the time wrong.

Ms. Carmichael, actual doctors
reviewed our work and found we did everything by the book.

I am very sorry
about Mrs. Gerard,

but we did
everything we could.

Now, please.

One more question,
Dr. Michaels.

Who administered the fluid?

A supervising nurse.
Claudia Panati.

You know, lawyers are why
doctors are getting out of obstetrics and gynecology.

It's just not
worth it anymore.

Dr. Rudnick and Dr. Michaels
have hired lawyers

because of the lawsuit.
We're not supposed to talk to anybody.

Is this your handwriting?

4,000 ccs of 20%%
electrolytic solution?

Yes.

Do you remember
a nurse by the name of Valerie Tashe?

I told you, I can't
talk about it without the lawyers. I'm sorry.

Dr. Michaels is a good,
dedicated doctor.

Dr. Rudnick, too.

They did everything they
could to save that woman.

It was a terrible thing.

I checked St. Mark's
employment records.

The only person named
Glynnis is a 60-year-old food service employee.

Your nurse, Miss Tashe,
ought to get her ears examined.

Along with her eyes
and her watch?

She couldn't have
gotten it all wrong.

There had to have
been a second machine.

A defective machine?

That pumped too much
fluid into Mrs. Gerard.

Yeah, a missing
defective machine operated by a missing nurse.

I know what
it sounds like.

Have you considered
getting a search warrant for this gizmo?

It's a big hospital.

The mayor's wife sits
on the steering committee.

Where's Jack McCoy?
Out on a date with that history professor?

He's in his office.
He didn't think there was a case here.

Might be right.

Get your warrant,
and I'll deal with the mayor's better half.

I went over the purchase
orders for the last 10 years.

If St. Mark's had another
electrolyte pump they must've built it from scratch.

Yeah, it didn't turn up
in the search either.

I did a little
exploratory surgery on our original suspect here.

No trace of recent
repair work.

You have the charts
from the O.R.? Mmm-hmm.

Hmm. 4,000 ccs of 20%%
electrolytic solution.

That can't be right.
This pump can only handle a 10%% solution.

Is it a typo?

Well, B and C
Medtech came out with a new laser system

eight months ago.
It's faster, more accurate,

and it works on a 20%%
electrolytic solution.

We did a demonstration
for St. Mark's last year.

But they had a problem
with the nozzle flange.

There was a gasket issue.
Minor bugs we've corrected.

Have you approached
the hospital again?

Yes, but they haven't given
it their approval yet.

How does your sales
pitch work? Do you bring the doctors here?

We go where
the money is.

Our sales rep
brings the machine to the hospital,

we show the doctors
a videotape,

then some committee
takes over.

Has your sales rep
talked to Dr. Bill Rudnick or Peter Michaels?

Let me find out.

It's Dorsey. Is Glynnis
in this afternoon?

Glynnis?

Glynnis Ward. St. Mark's
is in her territory.

I've made presentations
to a lot of doctors at St. Mark's.

Probably a dozen.

Including Rudnick
and Michaels?

Yes. Dr. Rudnick is on
the purchasing committee at the hospital.

Is there a problem
I should know about?

Have you ever been in
the operating room with them during surgery?

Just to observe,
That's pretty common.

Were you ever in there
operating the Medtech electrolyte pump?

No, of course not.

Ms. Carmichael,
what's going on here?

How about last November,
during surgery on Maureen Gerard?

Why are you asking
these questions?

Your sales rep was seen using
your machine, administering fluid to Mrs. Gerard.

Mrs. Gerard died
as a result.

That's not true.
Glynnis, wait.

Are we going
to need a lawyer here?

Ms. Ward, do you have
a license to practice medicine?

No.

You better get that lawyer,
Mr. Dorsey. I'm charging her with homicide.

Pack up your
speculum, Doc. You're going to jail.

What?
You're under arrest for the murder of Maureen Gerard.

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

can and will be used
against you...

...an attorney, one will
be appointed to you.

Lisa, call the lawyer.

Call my wife.

Depraved
indifference murder two?

They must have stacked
the grand jury with malpractice lawyers.

Even looking at
the facts in the light most favorable to

the People, they
don't rise to a charge of murder two.

Ms. Brolin is free
to argue that point to a jury.

But nothing our
clients allegedly did

shows a depraved
indifference to human life.

These doctors allowed
a sales representative,

with no medical training
to use an unsanctioned

and potentially lethal
surgical instrument on a patient.

Even if our clients
did what Ms. Carmichael says

at worst, they'd be
guilty of bad judgment.

Depraved indifference
requires them to be

aware of and to consciously

disregard a substantial
risk of death to Mrs. Gerard.

The jury could
certainly infer that's what they did.

They could infer
I'm the King of Siam.

I don't see,
as a matter of law

how letting a salesperson
operate this machine

creates a substantial risk.

Well, it must have,
Your Honor, since Mrs. Gerard is dead as a result.

Assuming there was
a risk, why would the doctors ignore it?

Weren't they there
to help Mrs. Gerard?

Now, I'm dismissing
the murder two charge.

Your Honor, Ms. Brolin
conceded their clients exhibited bad judgment.

I didn't concede anything.

That's the definition of
criminally negligent homicide.

She misquoted me,
Your Honor.

She paraphrased you.

I'm giving the People
leave to amend the indictment

to include a top
count of criminally negligent homicide.

Criminally negligent homicide.

I feel like I'm
going to the prom with the stamp club geek.

Two-to-four in
maximum security.

No picnic for a couple
of Park Avenue doctors.

If we make it stick.
Problem?

The nurse who saw the sales
rep in the operating room

couldn't pick her out
of the photo array.

It may be time for us
to make the best deal we can with all of them.

Two years probation, a fine.
Oh, a fine. Ouch.

Those poor doctors
might have to hock one of their Porsches.

Abbie, there isn't
much of a case left.

But there's still a victim.

Jack, she went
in a healthy woman.

She came out a corpse.

Between us, depraved
indifference was a reach.

Criminally negligent
homicide is a gift.

I wouldn't squander it.

You make excuses.
I'll make the case.

Death by a salesman.
Just put it in the "Win" column.

How can Valerie Tashe say she
saw anything? The lights were dimmed for the video monitor.

She heard Dr. Michaels
call Ms. Ward by her first name.

Ms. Panati, I brought
some photographs for you to look at.

They're of Mrs. Gerard
before her surgery.

This is with her husband.

With her two nieces
last Fourth of July.

With her parents
at her wedding.

I don't get it, Ms. Panati.

You don't care about yourself.

You don't care
about your patients.

You've been with Dr. Michaels,

since before he joined
Rudnick and Weiss six years ago.

Isn't that right?

You first worked
with him at a free clinic in Harlem.

After that, he had
a clinic in the Bronx.

There's not much
money in that.

It was good work.

Then he joined
Rudnick's operation.

Guess he decided
to bank some money.

He is still
a good doctor.

How good can he be
seeing 70 patients a day

and delivering 16
babies a week?

That was Dr. Rudnick's idea.

He always talked
about maximizing the practice.

And lying about
Mrs. Gerard's surgery?

Was that also
Dr. Rudnick's idea?

Nurse Panati just
gave her statement.

And?

Can you read
my shorthand?

Hair-raising stuff.

Might force a plea bargain.

Only if they take
the maximum.

You've got your heart
set on a trial?

I can count on
the fingers of one hand the number of

doctors who have ever
been convicted of criminally negligent homicide.

Absent the doctor being drunk
or stoned, it's practically impossible to prove.

Well, I'll let you
know how it turns out.

I was in a meeting when
I got a call from Maureen.

Dr. Rudnick had found
polyps in her uterus.

She was so scared
they might be cancerous.

She was worried
about having children.

I was worried
about losing her.

Then we found out
it wasn't cancer.

We were so relieved.

Did you discuss surgical
options with Dr. Rudnick?

Yes. The laparoscopy
was the least drastic.

But Dr. Rudnick said
the polyps could recur.

He suggested a partial
hysterectomy.

Removing the uterus.

He pushed that
option pretty hard.

Did he
mention costs?

We asked him.
The hysterectomy was more expensive.

Dr. Rudnick said he'd
throw in a tummy tuck.

But we still wanted
to have children,

so we opted for just
the laparoscopy.

And how did
Dr. Rudnick react?

He seemed to lose interest.

It was harder to get
him on the phone.

The morning of the operation,
he barely spent five minutes talking to Maureen.

Did he tell you he was
going to be using a new piece of equipment?

No.

Did he tell you a sales
representative would be in the operating room?

No.

He just told us not to worry.

He'd done this
procedure 100 times.

Then they took
Maureen away.

That's the last time
I saw her alive.

Thank you.

Mr. Gerard,

if you and your
wife were concerned,

why did you go through
with the surgery?

Maureen trusted
Dr. Rudnick.

He'd been highly
recommended.

By other doctors?

Yes. And by her friends.

She had another gynecologist
before Dr. Rudnick.

Isn't that right?

Yes.

What happened to him?

Maureen had some bleeding
and some cramps.

Her other doctor
examined her and told her it was just menstrual.

She decided to get
another opinion.

And Dr. Rudnick
found the polyps the other doctor missed?

Yes.

Thank you.

The practice kept
taking on more and more patients.

Sometimes Dr. Michaels
and I would be in the office until 9:00 or 10:00.

He joked that it was like
doing his residency again, never getting enough sleep.

Did you ever see Glynnis
Ward at the medical offices?

A few times.
It wasn't unusual.

There was always a sales rep
from an equipment supplier or a drug company stopping by.

As far as you know,
what was the purpose of Ms. Ward's visits?

To sell. She gave
presentations to the doctors and the staff.

She even took me
out to lunch once.

Was that unusual?
No.

I could probably eat out
every day of the week just on the drug companies.

They'd pitch you
their product over soup and salad.

Ms. Panati, tell us what
happened that morning in the operating room.

Another nurse
and I wheeled in Mrs. Gerard.

Ms. Ward was already
there wearing scrubs.

Dr. Michaels told me
we'd be using the Medtech laparoscopic laser.

I told Dr. Michaels
I wasn't checked out on that equipment.

He told me

Ms. ward would operate and
monitor the electrolyte pump.

To your knowledge, had
Dr. Rudnick or Dr. Michaels

ever used the Medtech
laser system before on a patient?

No.

What happened next?

Dr. Rudnick came in.
He had another surgery scheduled for 9:00,

and he had
a patient in labor.

He told us we'd have
to be finished with Mrs. Gerard by 8:45.

And what happened
during the surgery?

We were going at
a pretty good clip.

Ms. Ward was administering
the electrolytic fluid.

Then halfway through,
I noticed that the fluid

wasn't draining
out of Mrs. Gerard.

I told the doctors.

Dr. Rudnick said he didn't see
a problem and he didn't want to stop the surgery.

And what did Dr. Michaels say?

Nothing.
He just ignored me.

What happened when
the surgery was over?

The lights had been dimmed
for the video monitor,

and when they came
back on, we all saw that

Mrs. Gerard was bloated
and in a lot of distress.

How exactly did she look?

Her abdomen was
severely distended.

Her arms and legs
were puffy.

Her face was swollen.

She was hardly recognizable.

The doctors rushed
her to the E.R.

Were you later able to
determine how much fluid

had been pumped
into Mrs. Gerard?

Yes. Just under 10 liters.

And how much is
considered safe? Three-to-four liters.

Thank you.

Nurse Panati, if you were
convinced Mrs. Gerard was in danger,

wasn't it your duty
to warn the doctors again?

Even to stop
the surgery?

If I had tried to do
that, Dr. Rudnick would have fired me.

Move to strike.
Denied.

Nurse Panati,
you testified that

10 liters of fluid were
pumped into Mrs. Gerard, yet the charts

only indicate four liters.

I wrote that.

You falsified these documents?

Yes.

Why? To cover up your
own failure to act?

Your own negligence?

No.

I did it to protect
Dr. Michaels.

No more questions.

Ms. Carmichael, we'd
like to discuss a deal.

Why should I cut
your client a break?

Well, you haven't
proven negligence yet.

But here you are.

Dr. Michaels has evidence,
very damaging evidence,

about Dr. Rudnick.

About their practice.

Okay, you've
got my attention.

Plead to misdemeanor
assault. Pay a fine, take probation.

I don't think so.
I can't go to prison.

I can't lose my license.

Dr. Michaels...

Please, please.
I have a family.

I need my livelihood.

Why? So you can
start up another gyno factory?

Any plea is going
to include prison time and the loss of your license.

You can talk it over
with your client and get back to me.

Ms. Carmichael,

this wasn't the kind
of medicine I wanted to practice.

I spoke to his wife.
Dr. Michaels told her last night that he

was going to drive
to the grocery store

and she hasn't
seen him since.

Your Honor,
it's already 10:30.

The police have
made every effort to find Dr. Michaels.

It's clear he's fled
the jurisdiction.

I have his passport,
Your Honor.

Bench warrant is issued,
Mr. Delaney.

Your Honor, we can't possibly
proceed without Dr. Michaels.

My client will be
unduly prejudiced.

We ask for a continuance.

Ms. Brolin, motion for
a continuance is denied.

You have half an hour to get
your first witness ready.

The, uh, Medtech is the most
accurate laparoscopic laser system on the market.

That's why
I used it.

Even though it hadn't been
approved by St. Mark's.

St. Mark's is notoriously slow
to approve new technology.

The Medtech is used in
half-a-dozen hospitals on the East Coast,

with excellent results.

Doctor, didn't using
the Medtech expose you to sanctions?

The more accurate the laser
the less risk of damaging the uterine wall.

I couldn't let
a bureaucratic snafu keep me

from giving my patient
the best care possible.

And your decision to allow
Ms. Ward to operate the Medtech pump?

Well, again, see,
no one on my staff was trained in its use.

Now, Ms. Ward had received
hundreds of hours of training.

She was, uh, intimately
familiar with its mechanics.

She had, uh,
seen it used in numerous surgeries.

She was the, uh,
best qualified person to operate it.

Isn't that another violation
of hospital policy?

Hospital policy,

is not meant
to protect the patient,

it's meant to protect
the hospital from litigation.

No, I used the best technology

available and the best
trained personnel, all in the interest of my patient.

Nothing else.
Thank you, Doctor.

It's too bad Mrs. Gerard
isn't here to thank you for your dedication.

I don't make light of her
death, Ms. Carmichael.

I am very sorry
it happened.

Why do you think
it did happen, Doctor?

I don't know the technical
explanation. The Medtech

delivered more fluid
than it indicated.

Your best available
technology failed?

Computers crash.
Cars break down. It happens.

It happened in this case
because you ignored

the warnings from
your best trained personnel.

Didn't Nurse Panati tell you
there was a drainage problem?

Yes.
Then why didn't you stop the surgery?

I didn't see a need to.

The patient's vital
signs were normal.

Did you think she
might be getting too much fluid?

She wasn't, according
to the readout on the pump.

Did it occur to
you to check the pump?

That would have meant
keeping the patient on the sedative drip

longer than required.
That was a greater risk than the electrolytic fluid.

Or is it because you
were in a hurry to get to another patient?

No.

Isn't that the reason
you disregarded the risks to Mrs. Gerard?

That's nonsense.
You ignored hospital policy.

You ignored warnings
from your nurse.

What's another
shortcut if

it means cramming
one more patient

into your
over-extended practice?

Why would I endanger
the patient's life?

It doesn't make sense.
That patient's welfare was my foremost concern.

That patient's name
was Maureen Gerard.

No more questions.

Nice finish.

It wasn't enough.
Hung jury?

Smells like.
Counselors.

Guess who won't be making
any more house calls?

State police in Putnam County
found Dr. Michaels in his car at the bottom of a gully.

Accident?
No skid marks.

But go prove
it's a suicide.

Thanks.

That's one verdict
you don't have to worry about.

Jack, Michaels came
to me asking for a deal.

He said he had evidence
to convict Rudnick.

I might have set terms
he couldn't live with.

No, no, no, no, no, no.
His choice, Abbie.

His lawyer know he
asked for a plea?

Yeah, his lawyer
was there.

Call the judge
for a conference.

Your Honor, whatever
Dr. Michaels told his attorney is privileged.

It can't be divulged without
Dr. Michaels's approval.

His death makes
that unlikely.

The privilege
survives his death.

U.S. v. Foster explicitly
states it cannot be pierced.

Because the Supreme
Court thought

a client would be
encouraged to speak openly to his lawyer

if he believed it would
remain confidential after his death.

Dr. Michaels didn't
want his conversations kept private.

His intent was
to enter into a plea bargain with us and

reveal what he
told his lawyer.

His intent should
survive his death.

We can't know what
his intent was when he spoke to Mr. Delaney.

We can if we
ask Mr. Delaney.

But that defeats the whole
purpose of the privilege.

Judge, when wills are
contested, the deceased's conversations with his lawyer

are admitted to clarify
his testamentary aims.

The Supreme Court left
that exception intact.

It's a narrow exception.

Your Honor,
I can't testify.

You will if I order you to.
In my courtroom.

I want you under oath,
Mr. Delaney.

Dr. Michaels was under
a lot of stress.

He felt responsible
for Mrs. Gerard's death.

He felt he'd abdicated his
responsibilities as a doctor.

He thought the trial
was hopeless.

He wanted to enter into
a plea bargain with the district attorney.

What kind of plea bargain?

He was willing to turn over
evidence against Dr. Rudnick

in return for a plea
to misdemeanor assault.

Did the
District Attorney agree to this deal?

Ms. Carmichael asked
for a plea to criminally negligent homicide.

Minimum jail time,
forfeit of Dr. Michaels's medical license.

We told her we'd
think about it.

You hadn't turned it down?
No.

And Dr. Michaels told you what
his evidence was?

Yes.

And it was his clear intent
to divulge the evidence to the district attorney?

Yes.

What was the evidence?

Dr. Rudnick and he had an
arrangement with Ms. Ward.

If they convinced St. Mark's
to approve for purchase of the Medtech laser system,

they'd receive a kickback,

along with rebates on
equipment for their practice.

Dr. Michaels told me
this arrangement was

worth several
hundred thousand dollars.

Thank you, Mr. Delaney.

Since Dr. Michaels intended
to divulge this evidence,

I'm going to admit
Mr. Delaney's testimony at trial.

In light of Your
Honor's ruling,

I seek leave to re-present
murder two depraved Indifference charges

against Ms. Ward
and Dr. Rudnick.

Your Honor already
dismissed those charges.

New evidence,
new theory of the case.

Dr. Rudnick ignored
the risks to Mrs. Gerard out of pure greed.

But it's double jeopardy.

CPL Section 200.2

permits new charges
where the evidence was unknown to the People.

How are we supposed
to cross-examine Dr. Michaels?

There are Sixth Amendment
confrontation problems here, Your Honor.

I'm sure the Appellate
Court'll love hearing them.

Leave to re-present
murder two charges is granted.

I talked to Ms.
Ward's lawyer.

You let her plead
out on man one.

Mrs. Gerard did not put
her life in Ms. Ward's hands.

The offer is 15-to-life.

But he wasn't
trying to hurt her.

Spare me. The offer is
15-to-life, or we meet with the judge

tomorrow to set
a new trial date.

Send me the paperwork.

Tell me, Doctor,

all those women
you ran through your examination rooms

do you remember their
faces, or did you not even bother to look up?

Dr. Rudnick's bad
luck you weren't prosecuting this case.

His bad luck was
one of us pierced attorney-client privilege.

Well, it just wasn't
his lucky day.

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