All language subtitles for Law & Order s12e12 Undercovered.eng

NARRATOR:
In the criminal justice system

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

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

BOY: Hey, Dad, look at that.

(HORN BLARING)

Can I do it again?

Stay here.

Damn homeless.

Hey, fella, get your
ass off my street.

What is it?
Just be quiet, now.

Dispatch, this is
unit 220 in need of immediate assistance.

BRISCOE:
Do we know who he is?

ID in his wallet
said Warren Slater.

Address in
Riverdale. He had his wallet.

Wallet, watch,
wedding band.

Guy took a blow
to the head, fractured his skull.

ED: We know what
was used to hit him?

CSU TECH: CSU's checkin'
sewers and bushes.

Whatever it was,
it was heavy as hell.

Well, from the looks
of the blood trail,

the poor guy caught
it over there

and then crawled
to his death.

Any idea when
this happened?

Last seven, eight
hours probably.

M.E. said they
were on their way an hour ago.

Hey,Ed.
Check this out.

BRISCOE: The blood trail
starts here.

Okay, so we're
gonna need these bottles dusted.

BRISCOE: Especially the
ones with beer in 'em.

CSU TECH: Sure.

Looks like somebody
had a party.

Yeah. a guy goes out
for a stroll, ends up at his own wake.

ED: Warren Slater, 52,
worked at Fairhaven Health Insurance

in midtown,
lived in Riverdale.

Long way from
either one.

Does he have a wife?
Riverdale precinct notified her.

Yeah, we're goin' up
later to talk to her.

Any word from
the M.E.?

Hadn't gotten there
by the time we left.

Well, he certainly
wasn't out jogging in a suit and tie.

What are you thinking,
this is a drug buy gone bad?

The guy had all
his valuables.

We did find some
empty beer bottles,

an abandoned
shopping cart.

Latent s goin
over 'em now.

Well, was anyone
around when you guys got there?

The party was over.

Well, see if you
can find out what broke it up.

BRISCOE: This receipt
from your register?

Looks like it. Why?

We're lookin' for
a homeless guy,

that might have come
in here last night.

He usually hangs out
in Franklin Park.

SHOPKEEPER: Reggie was in.

Black guy, maybe 40,
50-somethin'.

Wears an army jacket
and a New York Knicks ski cap.

What kinda bottles
you say they were?

40s.
Yeah, that's definitely Reggie.

You know where
we can find him?

He wasn't down
by the park?

He wasn't there
this morning.

You may wanna
try over at Saint Agnes on 103rd.

They usually serve
breakfast right about now.

Cool. Thanks, bro.

How's it
goin, man? I know you?

Hey, I'm gonna
lose my spot!

Oh, no,
don't worry, pal.

We serve pancakes
at our house, too.

Oh, you got syrup?

REGGIE: I don't know nothin'.

You mean about the guy
that got killed near Franklin Park last night.

I slept by the
underpass last night.

You know, that's funny,
because we have a witness

that says you were
in Franklin Park drinkin'.

Yeah, he told us this
one's your favorite.

ED: Must be.
Your prints are all over it.

(STAMMERS)
Maybe I was down there last night.

Man my age,
my memory sometimes fails me.

Your rap sheet
says you're 42.

Look, man,
I didn't do nothin' wrong.

How come we didn't
see you there early this morning?

I didn't want
no trouble.

Why'd you think
you'd be in trouble?

'Cause of the dead guy.

ED: How'd you
know he was dead?

How'd you know?

Yesterday evenin' I went
by the ATMs on Broadway, try to make me some money.

Then what?

I bought some bottles,
had a few by the church, then went back to my spot.

When was this?

Mmm, couple hours
after I bought the beer.

Was the dead guy there?

Not then.

Just some cars
comin and goin.

Cable van, taxis.

Bus broke down.
Tow truck woke me.

So, I got up to
relieve myself.

That's when I saw him.

Didn't want no trouble,
so I split.

If this homeless
guy killed Slater,

we would have
found blood on his clothes.

Yeah, we checked
his records.

There's no indication
of violence.

No weapons possession.
No psych referrals.

We cut him loose,
he's in the wind.

Well, a couple of
fines he didn't pay

dropped on him when
we ran his prints.

We can hold
him on those.

So, what did
he tell you?

Well, the receipt
from the bodega

says that he bought
the 40s at 7:37 p.m.

He says he went
to the park a couple hours later.

No sign of Slater.

And then a tow
truck woke him up

and that's when
he saw the body.

Yeah. MTA says
they towed an M112

with a generator problem
around 2:00 a.m.

So, Slater was
probably killed

sometime after 9:30
and before 2:00 a.m.

I think it's time
you went up to talk to his wife.

I've been up all
night calling friends,

hoping somebody
might've seen him.

So, you have
no idea what

your husband was doing
on the Upper West Side?

No.
Could he have been running errands?

Maybe shopping
on Broadway?

Warren usually
left work at 6:00.

He'd take the express bus
back here to Riverdale.

We'd have dinner,
help our daughter with her homework,

maybe watch a little TV.

I'm sorry, we lived
normal, boring lives.

Well, when your husband
didn't show up on time,

where'd you
think he was, Mrs. Slater?

Before he left yesterday,
he told me that he was going to stay late at work.

But by the time I called,
no one answered.

My husband was
a very good man.

He coached our daughter's
basketball team.

He gave part of his
salary to the church.

I mean,
who'd do this to him?

REEVES: Well,
I'm a claims examiner.

Mr. Slater was
my supervisor.

His wife was under
the impression

that he was working
late last night.

We both left at 6:00.
We took the bus together.

You live in Riverdale?

No, the Village.

We were told
Mr. Slater usually took the express bus home.

Well, this was the
cross-town bus. On 23rd.

I was going
to the sports center at the Chelsea Piers.

That's the last stop.
So, you saw him get off?

Yeah, around 10th Avenue.

Why?

Mr. Slater's body
was found near 108th.

Did he say
anything about where he as going?

I think he might
have mentioned he was meeting someone.

ED: Did he mention
a name or a place?

Once we got on the bus,
we couldn't find a seat together.

We didn't talk after that.

So, where the hell
was this guy going

and how'd he get
up to 108th Street?

I'm thinkin'
another woman.

I mean, it's the only
thing worth lyin' to your wife about.

You sound like you
been there before. (CELL PHONE RINGING)

I see you finally
gave your number out.

(LAUGHS) Yeah, Briscoe.

Yeah, all right.
Thanks.

M.E. they just finished
up the prelim on Slater.

Cause of death
was a single blow to the skull.

Probably with a
heavy metal instrument,

something rounded
with a beveled edge.

Beveled edge?

Fracture line was
depressed at an angle.

Well, what about
the time of death?

Between 9:00 and 11:00.
11:30 at the latest.

Anything on the
tox screen?

No. Nothing other
than a slightly elevated blood alcohol level.

One or two glasses
of white wine.

Met that special
someone for a drink.

Now all we gotta
do is find the bar.

Actually,
it's an art gallery.

His hand was stamped.

I didn't see
a stamp. No, you

Not unless you were
carryin' a black light.

BRISCOE: Click?

Yeah, I had someone
track down the address,

thought I owed you
for how long it took this morning.

Click Gallery. 643
West 24th Street.

It's a block from where
he got off the bus.

Yeah, I remember him.

He didn't exactly
blend in with the crowd here.

Did he come in
with anybody?

Not that I saw.
I figured he must be a buyer.

WW do you
Say that?

He was talking a lot
with one of the artists showing last night.

Well, which one?

Ellen Brightman.

BRISCOE: (SCOFFS)
Television sets?

Installation art.

Visual stimuli that
force us not just to observe

but to interact
with art.

Must-see TV.

This, uh, Slater had
a stamp on his wrist.

We do that for
special events.

What was the special
event last night?

We were raising money
for the 9/11 fund.

Hey, was it open
to the public?

We had a guest list.

So, Slater's name would
have been on it.

Should be.

Yup, looks like
Ellen put him down as her guest.

ELLEN: We'd only just met.

BRISCOE: Well, people
at the gallery

said you two
spent most of the evening together.

He came by to
see my exhibit.

He told his wife
that he'd be in his office working late.

Only you two were havin'
a couple of glasses of white wine together.

What are you saying?
Mr. Slater was a happily married man.

ED: I thought you'd
only just met.

He hired me to make
a surprise video tribute for his wife's 50th birthday.

It's how I support my art.

We met at the gallery,
then we came back here

so he could see the studio.

BRISCOE: How long was he here?

About an hour.

We had a lot of discuss.
He wanted still shots, home movies,

interviews with his
wife's childhood friends, their daughter.

We even did a practice
run of him on camera.

SLATER: Is it recording?
ELLEN: Say something to her.

Right now? I didn't know
I was gonna say anything.

ELLEN: Just be yourself.

Come on, come on,
talk to your wife...

(STAMMERS) No,
I don't have anything prepared.

ELLEN: Just tell her
how you feel.

Imagine her with
all her friends. Imagine the big night.

Hi, sweetheart.

Don't be mad.

I know you don't
like surprises, but, happy birthday!

How's that?
ELLEN: That's great.

I know you don't
like surprises, but, happy birthday!

How's that?
ELLEN: That's great.

And she has
no idea where he went after that?

She offered to call
him a car service,

but he said he
was gonna grab a cab to Grand Central

and take Metro-North.

Grand Central?
What time was this?

Maybe about 9:00, 9:30.

Well, the M.E. puts
the time of death no later than 11:00

and this homeless guy
said he didn't see a body until well after 9:30.

It still doesn't
answer how he ended up at west 108th Street.

Maybe he changed
his mind. Decided not to go home.

Or maybe somebody
changed it for him.

Look, walk the block
with his picture.

See if you can find someone
who can tell us where the trail went cold for this man.

So he leaves here,
heads over to 10th to grab a cab.

Well, there aren't any
shops or anything for him to stop at along the way.

All right. The next train
to Riverdale was a 10:20.

If he told his wife
he was workin' late,

I doubt he'd want
to take a chance to pick up a Danish and coffee.

What about that
loadin' dock?

Maybe somebody over
there saw somethin'.

WORKER:
Holiday's are killin' us.

Wholesalers don't get us
the shipments 'til 5:00,

then we gotta load the trucks,
get 'em out by midnight.

Were you guys out
here Wednesday night?

Uh, Monday through Friday.

Well, we're lookin'
for anybody who might've seen this man.

We think he might have
been grabbed off the street somewhere along this block.

It would've been
like 9:00, 9:30.

He was wearin'
a suit and tie. Uh, beige overcoat.

He could have walked
right by here.

If it's this one guy
I'm thinkin' about, he didn't walk by here.

ED: So, you saw him?

Couldn't tell you
if it was him or not. I was smokin' a cigarette.

I saw this one guy talkin'
to some other guy.

Do you remember
that guy?

Uh, could be him,
I don't know. It was across the street.

ED: Well, what'd the
other one look like?

Workin' guy,
had a ball cap on.

They were both standin'
near a van over there.

What kind of van?
A cable van. Centurion.

Reggie did mention
a cable van.

The only reason
I remember that

is 'cause the, uh,
well-dressed guy got in on the driver's side.

ED: Thanks, bro.

PILSON: That last
appointments at 5:00.

I don't show
anybody out in Chelsea at that time or after.

Was there any service
interruption in the area? New installations?

No, not around there.

I mean,
since 9/11 we tabled all the upgrades.

As a matter of fact,
we're havin' a hard enough time

layin' all the
optics downtown.

Well, this witness
was pretty sure it was one of your vans.

Any of your guys
ever take the vans home for the night?

Nah. they'll go out
for a bite or something after work,

but they don't take the
vans home overnight, no.

Oh, hold on a second.

You know, one of my cable
installers reported a van stolen Wednesday night.

Where?

Uh, I don't have
any information about that.

We need to talk
to that installer.

No problem.

BRISCOE: We're sorry to
intrude on you're breakfast.

No, no, it's okay.
What can I for you?

Mr. Garcia,
we need to ask you a few questions

about that van
you reported stolen on Wednesday night.

Well, isn't much to tell.
I, uh, finished up a job on 25th and 2nd.

I came down with my gear
and the van was gone.

What time was that?

I got there sometime
around 4:00.

Spent maybe, you know,
20, 30 minutes upstairs.

BRISCOE: So,
about 4:30 then?

Yeah, yeah, I guess.

Did you happen to notice
anybody hangin' around the van when you went up?

You know,
maybe eyeing it?

Mmm, no. No,
I didn't see anyone.

(CELL PHONE RINGING)
Oh, excuse me. Yeah.

That's a lot of trouble
for a stolen van.

Well, we think
it may be connected to another crime.

Okay, thanks,
but tell them not to move it, all right?

Lennie, that's Cordova.
We gotta go.

Sorry to bother you
and your family.

No, no, it's okay.

We roll up, find these
two citizens inside

trying to help themselves
to some free HBO.

Oh, they say
anything? Yeah.

"We ain't doin' nothin'."

All right. we're gonna
have a little heart-to-heart with these two.

Meantime call operations
and have them tow the van to the auto lab.

And don't let anybody touch
anything inside or out. Come on.

OFFICER: You got it,
Detectives.

You hear me?
They're gonna fry your ass

unless you start tellin'
me what happened.

What happened
with what?

Cable vans don't just
drive off by themselves.

We didn't steal that van.

So, how'd it
get there then?

It's just been there, man.
I don't know.

You know, the truth is,
that van is the least of your worries.

We got both of you on
kidnapping and murder.

You trippin'.
Listen, I'm a homicide detective, bro.

You think I care
about a jacked van?

Man, all we did was take
some cable, that's all,

and we's comin' from
a shorty's crib, man.

Somebody said somethin
about a cable van by the Harlem River.

So, me and my boys
came and checked it out.

And then those cops
rolled up on us, man.

BRISCOE: Any luck?
We just took some cable, man.

WORKER: I don't see him.

BRISCOE: There's no rush
take your time.

Nah. he was older
than these guys, less street,

and he had longer hair.
You know, he looked like a workin' guy, not a kid.

BRISCOE: Mr. Garcia,
got a few seconds?

I was about
to end my shift.

Well, this ain't
gonna take long.

This about the van?
'Cause I turned in all the forms.

I gave all the information.

Yeah, well,
a few other things just popped up.

Yeah. We're gonna need
you to come with us.

You mean,
right now? Why?

Is this your tool belt
Mr. Garcia?

Yes.

Ed, you know
what that is?

A beveled edge.

I keep telling you
the van got stolen.

Yeah, except for what
you're tellin' us ain't addin' up.

Auto says the ignition
wasn't popped,

and there's no
tool marks on the steering column.

Which means whoever
took it had the key.

BRISCOE: Only that can't be
'cause we found the key in your coat pocket.

And that hammer that you had
that matches up real nice with the murder weapon.

There's thousands of
those kind of hammers.

What'd you wash it off, Tony?

You think that's gonna help?

'Cause we got chemicals
and ultra violet light scans.

The odds are you
missed somethin.

So, it'd be better for you
all the way around

if you tell us
before we find out.

BRISCOE: So, d'you
get in a beef with this guy Slater or what?

Mr. Garcia's
personal effects.

Desk sarge wants
to know if he's going or staying?

Staying-

BRISCOE: You're not helpin'
yourself here, Tony.

No matter what happened,
you're only makin' it worse.

Hey, Lennie,
check this out.

Mr. Garcia's health
insurance card.

Fairhaven Insurance.

Garcia asked for
a lawyer as soon as we found the insurance card.

We confirmed he has
a policy with Fairhaven?

Through his health
plan at work.

Did he know Slater?

Well, we haven't
gotten that far yet.

But the forensic lab
says Garcia's hammer tested positive for human blood.

Well, the sample's too
degraded for typing. Slater's?

The lab thinks he might
have used some kind of cleaning agent.

Do we have
anything on motive?

So far, just the connection
to the health insurance company Slater worked for.

You guys process Garcia,
I'll run it down.

Mr. Garcia's covered
by one of our group health insurance plans.

What was Mr. Slater's
connection to him?

Mr. Slater was the
plan's coordinator.

He coordinated the selection
of in-plan providers,

coverage issues,
things of that nature.

Did he have any direct
involvement with Mr. Garcia?

Most communication
would've gone through Ms. Reeves.

She was the Garcia's
claims manager.

Did Mr. Garcia have any
problems with his coverage?

Uh, as much as
we'd like to help,

the medical records or
conditions of our insured

are a matter of
strict privilege.

These records are now part
of a murder investigation.

I'm sorry,
but that doesn't change our obligation

to maintain the
insured's privacy.

If we can confirm
the kidnapping,

we're probably
looking at murder one.

Well, we might have
a problem with that.

Fairhaven won't release
his medical records.

Why not?

They claim they're
protecting the privacy of their insured.

An insured who murdered
one of their employees.

Bureaucracy run wild.

The cost of a
litigious society.

Get a subpoena.

SERENA: Your Honor,
the People's subpoena for medical files

is directed at
Fairhaven Insurance.

The defendant has
no standing here to quash that application.

Judge, it's our position
that in seeking these medical records,

the People hope to
establish a motive

for the murder indictment
my client is currently charged with.

Why? What's in
these medical records?

So far, the insurance
company's refused to tell us anything.

Because we've found
no basis on which to terminate the privilege.

Your Honor,
when the defendant enrolled with Fairhaven,

he signed a release form
allowing the company

to share his medical
information with anyone the company deemed necessary.

Is that true, Mr. Margolis?

Yes, Your Honor.

Then tell me what the hell
we're all doing here?

The records that fall within
the scope of the subpoena are not Mr. Garcia's.

Whose medical
records are they?

His daughter's.

What's wrong with her?

SERENA: Well, according
to her teacher,

Courtney Garcia
suffers from CML. Chronic Myelogenous Leukemia.

How old is she?
Nine.

Why would the insurance
company want to keep us in the dark on this?

JACK: My guess is
once they realized Garcia's legal position,

they saw an opportunity
to protect themselves.

Well, whatever the issues
are involved with Courtney Garcia's care,

neither her father
nor Fairhaven want them coming out.

What are the
issues involved?

Well, so far,
we don't know.

Garcia's lawyer claims
releasing his daughter's medical records

violates his right against
self-incrimination.

So, Garcia's hiding
behind his daughter,

and Fairhaven's
hiding behind Garcia.

This is one
big smokescreen.

Does this child
have a mother? SERENA: Yes.

Find her. Find out
what she has to say.

My husband's a good man.
Good father.

I'm sure he is,
Mrs. Garcia,

but so far he refuses
to tell us anything.

COURTNEY: Mommy.

You said you'd
read to me.

I will, sweetheart,
I'll be right in.

Just give me a few minutes,
with this lady, okay?

It's okay.

Just get in bed
and I'll be right in.

Mrs. Garcia, we need to know
why your husband would have attacked Mr. Slater.

His lawyer says you
just want information so you can send him to jail.

We can't make any decision
about your husband

until we understand
what happened and why.

My husband's lawyer says
that you can't force me

to give evidence
against him because I'm his wife.

Well, your husband's
lawyer is mistaken,

and if he does find
a judge willing to entertain his motion,

we'll be forced to make
a motion of our own.

To appoint a guardian
to your daughter.

What do you mean
a guardian? For what?

To ensure that someone's
acting in your daughter's best interest.

You can't do that.

If you don't provide us
with her medical records, we won't have a choice.

Mrs. Garcia's consent
requires that you produce

the complete medical
records of her daughter, Courtney.

And the court's
subpoena requires that you answer

any questions we
might have in relation to those records.

The girl has leukemia.
When was she first diagnosed?

Six months ago.

And what was Warren
Slater's involvement with her case?

He was the senior member
of a committee which approved treatment.

Were there any problems
with Courtney's coverage?

Was treatment withheld
or denied in any way?

We recently authorized
190,000 for a bone marrow transplant.

I'd call that
adequate coverage, wouldn't you?

We're more concerned with
what her father thought.

If you'd like, we could
continue these questions in front of a grand jury.

She was initially
treated with hydroxyurea

to get her white blood
cell count down.

Once she was stabilized,
we told the Garcias

it was time to
consider a BMT.

A BMT?

A bone marrow transplant.

They opposed it?

They got a second opinion.

BMTs are a
standard treatment, but they're no panacea.

Success rates with an
unrelated matched donor are around 50 to 60%.

Not great odds.
No. Even worse in this case.

Given the fact that
Courtney has no siblings

and that she's of
Hispanic decent,

her chances of
finding a compatible donor are very slim.

I also advised the Garcias
that if they chose a BMT,

the best hospital was here
as opposed to Brady Memorial

where Fairhaven
has a contract.

Brady Memorial's
not up to par?

Well, they've only
been performing BMTs for two years.

So, what treatment
did you recommend, Dr. Friedman?

Gleevec?

It's a newly
approved FDA drug,

and early studies
show a cure rate of almost 90% for CML.

Explains why Garcia
was so anxious to get the treatment.

Why is the insurance
company opposed?

$2,500 a month,
potentially for life.

Well, it's a hell
of a lot more than a bone marrow transplant.

If there was criminal
conduct here, believe me,

I'd be the first one
to go after them,

but there were medical
opinions on both sides.

No. I'm not talking
about going after Fairhaven,

I'm talking about what
was in this father's mind.

Take a look at
the autopsy photos.

Part of our job
is to differentiate criminal conduct.

In my mind, there's
a huge difference

between killing someone
over a parking space

and killing someone you think
just gave your daughter a death sentence.

Let's take murder one
off the table. Offer murder two.

Garcia can make a pitch
for leniency in front of the sentencing judge.

Do it.

MARGOLIS: You're still talking
about a 15-to-life minimum.

I can't do this.

I don't think you understand,
this is a very generous offer.

Your client should be aware
that if he declines it,

we're prepared to present
murder one to the grand jury.

Murder one?

When he took Mr. Slater
captive, he committed a kidnapping.

The murder occurred
during the commission of an underlying felony.

I can't go to jail.

We're way beyond
whether you're going to prison, Mr. Garcia.

The only question now
is whether it's forever.

I did what I did to
save my daughter's life.

MARGOLIS: Tony.
Courtney won't be here in 15 years.

Probably won't be
here in six months. She needs me now.

You have your answer,
counselors.

You also have
our defense.

Justification?

Taking of life in
defense of another.

If it works, he walks
out a free man.

It's the only chance I have
to be there for my daughter.

Garcia's position is that
it was justifiable homicide

because Slater was
killing his daughter

by not giving her the Gleevec.

It's the defense
of last resort.

A jury might swallow it
if they believe Slater was aware of the drug's promise

but opted for a bone
marrow transplant instead.

But Garcia would
have to show he had a reasonable belief

that by killing Slater
he would save his daughter.

According to the file, Jack,
the original claims manager

concurred with the
second opinion.

Slater was the one
who blocked it.

There's no way one
man made this decision.

Even if he did,
he can't justify murder.

Let's hope a jury
agrees with you.

You know, World Trade
Center or not,

people today want
to hear about cooperation and sacrifice.

They don't want
to hear about greed and a corporate bottom line.

Warren Slater was killed
for doing nothing more than his job.

True.

But if they portray him
as a man who blocked

this little girl's last
chance of survival,

I'm not sure
a jury will care.

It's our job to
make them care.

RODGERS: The impact
was to the rear of Mr. Slater's skull.

Indicating he'd been
attacked from behind.

The force of the blow crushed
the skull and penetrated deep into the brain matter.

I'm showing you what has
been marked in evidence as People's nine.

Did you draw any
conclusion as to whether this hammer was the murder weapon?

It was.

Did you find any evidence
of defensive wounds?

No. I did not.

And what conclusion did
you draw from that fact?

That there was no struggle,
and that Mr. Slater probably never even knew what hit him.

We heard testimony
that Mr. Slater

denied Courtney Garcia
coverage for Gleevec

in favor of a bone
marrow transplant.

Yes, and it was absolutely
the right call.

Why do you say that?

Gleevec looks good
in the early studies,

but no one really
knows if it will pan out long term.

That's why we believe
a BMT holds the best hope for Courtney's long-term survival.

Was that Mr. Slater's
opinion as well?

Warren took his
job very seriously.

He believed insurance
could save lives,

but only if it was
applied responsibly.

He thought the provision
of Gleevec would be irresponsible then?

We've all seen promising
drugs come and go.

Warren wouldn't risk
the company's future on an unproven product.

That would've been
a breach of trust.

So, cost didn't have
anything to do with the company's decision?

Cost is always part
of the equation.

If we covered every
treatment or drug on the market,

the entire insurance
industry would go bankrupt.

Sometimes we
have to say no

when all people
want to hear is yes.

It's difficult, but it's
just a fact of life.

In Courtney Garcia's case,
it's also a fact of death, isn't it?

The decision to deny
coverage for Gleevec?

JACK: Objection.
JUDGE: Sustained.

Tell me, Ms. Ames,
how much does Gleevec cost to administer, roughly?

About $2,500.

That's per month,
possibly for life?

Yes.

So, figure a life expectancy
of about 70 years, that makes it about $2,000,000.

It's a lot more than
a bone marrow transplant.

The BMT had long-term studies
supporting its effectiveness. Gleevec didn't.

Ms. Ames,
the likelihood that Courtney Garcia will find

a bone marrow donor
is almost nil, isn't that right?

There are close to
a million people on the national donor registry.

How many of those have been
confirmed as a positive match for Courtney Garcia to date?

So far, none.

So, you approved
a treatment

that this little girl has
no chance of ever living long enough to receive.

MARGOLIS: Maybe that was
the point all along.

All I'm saying is the
man's daughter was dying.

That's not something a
jury is likely to ignore.

A horrible thing
happened to this family.

But since when did
a child's illness

become the fault of
an insurance company?

JACK:
Slater was in a tough spot,

having to decide about
an unproven treatment

with the possibility of
bankrupting health care

for everyone else
that Fairhaven insures.

So, now companies decide
who lives and dies.

You're describing
corporate euthanasia.

SERENA: Look, we have
the technology today to keep people alive,

but just because we can,
doesn't mean we should.

LEWIN: She's nine years old,

her father thought there
was a drug out there that could save her.

JACK: Which is why we took
murder one off the table.

But if he's gonna thumb
his nose at the criminal justice system,

what choice do we have?

Maybe it's time we think
about offering man one. (TELEPHONE RINGING)

He turned down murder two
He doesn't want to do any time.

Yes?

Thank you.

The insurance company
has reversed their decision.

They're gonna give Courtney
Garcia the Gleevec.

Motion to preclude?
That's absurd.

If the jury hears
about Fairhaven's reversal,

they'll think that
Garcia was right,

that if he killed
Warren Slater,

his daughter would get
approved for Gleevec.

Which is exactly
what's happened.

JACK: Who knows why
the insurance company changed its decision?

Public pressure,
negative press.

The point is the defendant
couldn't have known about it

at the time he
killed Mr. Slater.

Judge, our whole defense
is premised on the notion

that in taking
Mr. Slater's life,

Mr. Garcia believed he was
saving the life of his child.

Now, why not let a jury
have all of the facts

so that they can decide
if that belief was reasonable.

Because Fairhaven's decision
could be completely unrelated to Slater's death.

I agree with Mr. McCoy.

Evidence of the company's
decision could be given undue weight by a jury.

Your Honor...
That said,

I will allow the defense
to present evidence

regarding Mr. Garcia's
state of mind at the time of the murder.

If this jury wants
to decide that the ends justified the means,

so be it.

But I'm not giving
them a sneak peak.

MARGOLIS: As the claims
manager for Courtney Garcia

you were reasonable for
day-to-day decisions regarding her medical coverage.

That's right. I still am.

So, when the issue
of Gleevec came up, what was your decision?

It doesn't
work that way.

When a treatment exceeds
certain parameters...

MARGOLIS: Financial
parameters.

Yes.

Then it's my responsibility
to present the matter for a committee determination.

And Mr. Slater was the
head of that committee?

REEVES: Yes.

You ever speak
with the Garcias

about the committee's
determination on Gleevec?

Yes.

What'd you
tell them?

That it was a close vote.

Three-two.

MARGOLIS: And did
you tell Mr. Garcia

that Warren Slater cast
the deciding vote?

I may have.

And did you also
tell Mr. Garcia of your own vote?

I think I just told him that
under different circumstances,

it c:could've gone
the other way.

MARGOLIS: Thank you.
Nothing further.

You never told the defendant
that Warren Slater's murder

would result in the reversal
of the committee's decision?

Of course not.
Did you imply it?

No.

There were two other votes
besides Mr. Slater's denying the coverage.

Yes.

And based on your
discussion with Mr. Garcia, he was aware of that.

Objection. the witness
can't speculate as to Mr. Garcia's state of mind.

Miss Reeves, did you tell the
defendant that three votes had been cast against the Gleevec?

Yes.

Nothing further.

TONY: She's our only child.

My wife and I had such
a tough time conceiving.

So, when Courtney was born,
she was like a miracle for us.

When was she diagnosed?

Eight months ago
She came home from school

complaining she was tired,

and we thought,
you know, she was probably just run down.

When your kid's nine
years old you never think...

But, uh, it was...
It was leukemia.

What was her prognosis?

She responded good
to the hydroxyurea,

but Fairhaven told us that
was just buying us time,

and that's when
they let us know

that Courtney needed
a bone marrow transplant.

What'd you think about that?

Well, we didn't
know what to think.

So, we got a second opinion
and that's when we found out

that Courtney's chances of
finding a donor were bad.

What was
recommended instead? Gleevec.

And we called
Ms. Reeves. She was supportive,

and she told us she
had to present it to the committee

and to her boss
first, Mr. Slater.

And about a week later,
she called back and told us the decision was no.

How'd you react?

(STAMMERS) I said, "How...
What the hell do you mean, no?

"There's a drug out there
that could save my daughter's life

"and you don't wanna
give it to her?"

She just said she was sorry.

What'd you do next?

Well, we tried to register
people as marrow donors, we tried to raise money,

but there was
just no time.

You know, Courtney
was getting sicker and sicker and,

I mean, we...
I even called this guy every day,

but he'd never get
on the phone.

So, what'd you finally
decide to do?

I decided to follow him.

I forced him into my van
and we just drove around.

Doing what?

I was just tryin' to tell
him about Courtney.

About how she meant
everything to us.

He just said there was
nothin' he could do.

Only we both knew
it wasn't true.

You know?

And that's when
I realized that he was never gonna help us.

I'm sorry.

But there's no way
I was gonna let this man kill my child.

Mr. Slater wasn't
killing your daughter, Mr. Garcia, leukemia was.

Not if she got the Gleevec.

Is that what you believed?

That Gleevec was a guarantee?

It was her only chance.

Come on, Mr. Garcia,

did you really believe
that killing Mr. Slater would save your daughter?

Or were you just angry?

Angry at the lousy
luck your daughter was forced to endure?

These people had
no right to take this away from her!

These people?

I thought it was Mr. Slater
who was to blame.

It was Slater.

Three people voted against
the coverage, Mr. Garcia.

Would you have
killed them all?

When they tell you
your daughter's not gonna make it,

then you find out
there's a drug out there

that'll give her a chance
only you have no way to pay for it.

What the hell was
I supposed to do, huh?

Go home, let her die?

MARGOLIS: Tony Garcia
killed Warren Slater,

but he isn't a murderer.

He's a good and decent man.

A man like any of us
who works hard to provide for his family,

give them everything
they need.

Including health care.

So, he took his
hard-earned money,

he paid his premiums,

and he thought his
insurance company would be there

in the event of
a catastrophe.

But when it came,

his insurance company
was nowhere to be found.

Even after he discovered
a miracle that could save his daughter's life.

In Tony Garcia's mind,
it was unthinkable

that a lack of money could
condemn a child to death.

Not the leukemia,
but a lack of money.

Warren Slater chose profits
over a child's life

and paid dearly
for his decision.

But that father,
who loves his daughter,

genuinely believed that
taking Mr. Slater's life

was the only way
to save hers.

Correct or not,
he believed it.

If it were your daughter

or your son

or your husband
or your wife.

Wouldn't you have
done the same?

When you think about
whether you would have done the same,

I want you to think
about what would happen if we all did.

If we all killed every time
we were faced with a decision that we thought was unfair.

How many of us
would be safe then?

I want you to put yourself
in the shoes of the victim.

Because Warren Slater
was a family man, too.

A husband who was
planning a surprise for his wife's birthday.

On the night he was killed.

It's easy to hate
insurance adjusters.

Just as some of you
may have thought differently about the police

until we saw them
rush into collapsing buildings to save lives.

You may disagree with
Warren Slater's decision,

but he made it
because he honestly thought it was right.

Why? So that there would
be health insurance

and health care
for people like you

when you needed it someday.

One can only imagine
the pain of a parent

forced to contemplate
the death of a child.

But nothing that
Warren Slater did

made him deserve to die.

To be beaten to death
with a hammer in the street!

You can't place the blame
for this child's illness

on his shoulders,
as her father did.

And you can't
condone what he did

unless you're willing
to soak your hands in the same blood as his.

When this defendant
chose to take matters in his own hands,

chose to kill
out of desperation,

he spurned the very thing
that he was fighting for his own daughter.

The sanctity of life.

And no one has the
right to do that,

not even a
grief-stricken father.

JUDGE: Madam Foreperson,
have the members of the jury reached a verdict?

No, we haven't,
Your Honor.

JUDGE: As difficult as
this case has been,

are you certain you
can't reach a verdict?

We've tried, but we're
hopelessly deadlocked.

Then I have no choice
but to declare a mistrial.

LEWIN: We know
what the vote was?

First note from
the jury was nine-three.

Wasn't any movement
after that.

You know, we can
bring this charge 100 times,

I doubt we'd ever find
a unanimous jury willing to find this man guilty.

Nine voted
for conviction.

Well, good luck
explaining that to Warren Slater's widow.

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