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In the criminal
justice system,
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00:00:04,219 --> 00:00:08,054
the people are represented by two
separate yet equally important groups:
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00:00:08,054 --> 00:00:09,956
The police
who investigate crime,
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00:00:09,956 --> 00:00:12,790
and the district attorneys
who prosecute the offenders.
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00:00:12,790 --> 00:00:14,159
These are their stories.
6
00:00:29,848 --> 00:00:32,282
Mrs. Feffer says
my hands are too small.
7
00:00:32,282 --> 00:00:34,147
I say your mouth's too big.
8
00:00:34,147 --> 00:00:36,618
She says maybe I should
switch to the clarinet.
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00:00:36,618 --> 00:00:38,417
Proves my point.
10
00:00:39,192 --> 00:00:41,854
Next year I get
to be in the band.
11
00:01:01,013 --> 00:01:02,981
Should put you in
the corner at Shea, huh?
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00:01:02,981 --> 00:01:05,416
I'd go for a hell of a lot
less than $29 million.
13
00:01:05,416 --> 00:01:07,647
Guy's a bum.
What's he at, 2.20?
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00:01:07,647 --> 00:01:09,780
Hey, he's better than the
last guy they had, huh?
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00:01:09,780 --> 00:01:11,654
Least he could do
is break a leg.
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00:01:11,654 --> 00:01:13,659
He can't hurt
the team from the DL.
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00:01:14,628 --> 00:01:16,892
Cindy Jo started
the flute last year.
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00:01:16,892 --> 00:01:19,328
Mrs. Gelfand says
she can be in the band.
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00:01:19,328 --> 00:01:20,627
They get uniforms.
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00:01:20,627 --> 00:01:23,795
Learn to sing
and we can all retire.
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00:01:23,795 --> 00:01:25,839
No! My music.
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00:01:28,409 --> 00:01:29,433
We gotta go back.
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00:01:30,645 --> 00:01:31,634
Roberto?
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00:01:43,324 --> 00:01:45,884
Somebody call an ambulance.
911.
25
00:01:45,884 --> 00:01:48,326
You all right?
Sit down, okay.
26
00:01:48,326 --> 00:01:49,727
You okay?
You in any pain?
27
00:01:49,727 --> 00:01:51,526
Check the driver.
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00:01:57,172 --> 00:01:58,230
Did you see it?
29
00:01:58,230 --> 00:01:59,331
Must have been going 40.
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00:01:59,331 --> 00:02:01,239
Kid's name is Roberto Martinez.
31
00:02:01,239 --> 00:02:03,141
Guys from Al are
down at the scene.
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00:02:03,141 --> 00:02:04,873
His kid sister said
he passed out.
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00:02:04,873 --> 00:02:07,108
My guess, drunk out of
his mind or drugged out.
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00:02:07,108 --> 00:02:08,877
Call the family.
35
00:02:09,285 --> 00:02:10,479
Did you do the accident?
36
00:02:10,479 --> 00:02:12,544
Bystanders, bumps and bruises.
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00:02:12,544 --> 00:02:14,384
What about the Martinez kid?
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00:02:14,384 --> 00:02:16,516
Not his lucky day.
DOA.
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00:02:17,360 --> 00:02:18,452
You do his blood?
40
00:02:18,452 --> 00:02:20,086
No alcohol, no drugs.
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00:02:20,397 --> 00:02:22,228
His sister said he passed out.
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00:02:22,228 --> 00:02:23,789
That's consistent.
43
00:02:23,789 --> 00:02:25,424
The kid had a heart attack.
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00:02:25,902 --> 00:02:27,096
Hello?
45
00:03:53,894 --> 00:03:55,759
Roberto is dead,
46
00:03:55,759 --> 00:03:57,854
and there's nothing you can do?
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00:03:57,854 --> 00:04:00,764
Mrs. Martinez,
it's most unfortunate.
48
00:04:00,764 --> 00:04:01,823
The hospital said
49
00:04:01,823 --> 00:04:03,199
your son died of
a heart attack.
50
00:04:03,199 --> 00:04:04,965
Of course he had
a heart attack.
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00:04:04,965 --> 00:04:07,064
He had a pacemaker
that wasrt won'th the plastic
52
00:04:07,064 --> 00:04:08,199
it was wrapped in.
53
00:04:08,199 --> 00:04:10,106
Pacemaker?
54
00:04:10,844 --> 00:04:12,311
The kid was, what, 16?
55
00:04:12,311 --> 00:04:13,061
18.
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00:04:14,248 --> 00:04:17,012
What, it's only illegal
to kill minors these days?
57
00:04:17,012 --> 00:04:18,950
Roberto had a heart condition.
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00:04:18,950 --> 00:04:21,318
Some quack sticks
a do-da in his chest,
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00:04:21,318 --> 00:04:22,822
the thing misfires,
and he's dead.
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00:04:22,822 --> 00:04:24,119
I'm really very sorry,
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00:04:24,119 --> 00:04:26,125
but if there was
a crime here, Mr. Fischel,
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00:04:26,125 --> 00:04:27,525
then I don't see it.
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00:04:27,525 --> 00:04:29,028
Now if what
you're saying is true,
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00:04:29,028 --> 00:04:31,497
then your client can sue the
company that made the pacemaker.
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00:04:31,497 --> 00:04:33,090
Excuse me, but, uh,
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00:04:33,090 --> 00:04:35,159
what law school did you go to?
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00:04:35,159 --> 00:04:37,363
We're suing
the company for millions.
68
00:04:37,363 --> 00:04:39,873
We're suing
the doctor for millions.
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00:04:39,873 --> 00:04:43,309
Mrs. Martinez here
wants a little justice.
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00:04:43,913 --> 00:04:46,143
You mean revenge, don't you?
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00:04:47,550 --> 00:04:49,814
Why don't you just
work with us, okay, Counselor?
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00:04:51,020 --> 00:04:52,988
Roberto didn't need
a pacemaker.
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00:04:52,988 --> 00:04:55,114
In my book,
that's unnecessary surgery.
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00:04:55,114 --> 00:04:56,886
The thing craps out,
and he's dead.
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00:04:56,886 --> 00:04:58,722
That's assault
and felony murder.
76
00:04:58,722 --> 00:05:00,227
I thought he had
a heart condition.
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00:05:00,227 --> 00:05:02,093
Oh, it could have been
treated with drugs,
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00:05:02,093 --> 00:05:03,324
but then the good doctor's fee
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00:05:03,324 --> 00:05:04,866
would have been cut in half.
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00:05:04,866 --> 00:05:06,527
What is this doctor's name?
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00:05:06,527 --> 00:05:08,297
Dr. Trevor Hellems.
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00:05:08,297 --> 00:05:09,702
He's on 87th.
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00:05:10,340 --> 00:05:11,534
Okay.
84
00:05:11,534 --> 00:05:12,836
We'll check it out.
85
00:05:12,836 --> 00:05:13,898
Thank you.
86
00:05:14,144 --> 00:05:15,668
Mrs. Martinez.
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00:05:19,015 --> 00:05:20,607
Hey, Fischel,
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00:05:22,986 --> 00:05:25,750
what makes you such
a freaking humanitarian?
89
00:05:25,750 --> 00:05:27,915
I get this dirtbag indicted,
90
00:05:27,915 --> 00:05:31,052
and the insurance company
settles on day one.
91
00:05:31,362 --> 00:05:33,455
And this dirtbag is guilty.
92
00:05:38,035 --> 00:05:39,593
No, I didn't expect you,
93
00:05:39,593 --> 00:05:41,467
but I certainly know
why you're here.
94
00:05:41,467 --> 00:05:43,973
Peter Fischel.
Talk about sharks.
95
00:05:44,642 --> 00:05:46,234
He's already
served you with papers?
96
00:05:46,234 --> 00:05:47,368
Yeah.
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00:05:47,368 --> 00:05:49,140
The mars the reason
a lot of doctors
98
00:05:49,140 --> 00:05:51,681
I graduated with
are now driving cabs.
99
00:05:51,883 --> 00:05:53,350
He's topped himself this time,
100
00:05:53,350 --> 00:05:54,749
calling in the infantry.
101
00:05:54,749 --> 00:05:57,015
Well, he claims the surgery
on Roberto Martinez
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00:05:57,015 --> 00:05:58,556
was unnecessary.
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00:05:58,556 --> 00:05:59,750
I didn't know they taught
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00:05:59,750 --> 00:06:02,293
supraventricular
tachycardia in law school.
105
00:06:02,961 --> 00:06:05,191
That, uh, was
Roberto's problem.
106
00:06:06,131 --> 00:06:07,860
An irregular heartbeat
that speeds up
107
00:06:07,860 --> 00:06:09,628
now and again from a normal 70
108
00:06:09,628 --> 00:06:11,862
to as high as 200 beats
per minute.
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00:06:11,862 --> 00:06:13,665
And the pacemaker
controls that?
110
00:06:13,665 --> 00:06:14,967
It's supposed to.
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00:06:14,967 --> 00:06:17,031
Is it possible
Roberto could have lived
112
00:06:17,031 --> 00:06:18,406
without the pacemaker?
113
00:06:18,406 --> 00:06:20,412
You saw what happened
when it didn't work.
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00:06:20,412 --> 00:06:22,573
Mr. Fischel contends
he could have been treated
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00:06:22,573 --> 00:06:24,014
just as effectively with drugs.
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00:06:24,014 --> 00:06:26,415
Hmm. Some doctors
might agree,
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00:06:26,415 --> 00:06:28,145
but I'm of the school
that believes
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00:06:28,145 --> 00:06:30,246
you don't needlessly
subject young patients
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00:06:30,246 --> 00:06:32,314
to a lifetime of toxic drugs.
120
00:06:32,314 --> 00:06:34,519
Yeah, but the drugs
don't usually break.
121
00:06:34,519 --> 00:06:36,788
Neither do BioNorm pacemakers.
122
00:06:37,197 --> 00:06:40,928
Pacemaker technology has been
well-established for decades.
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00:06:41,701 --> 00:06:44,603
BioNorm Industries
is at the forefront.
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00:06:45,606 --> 00:06:47,574
My decision to
implant the device
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00:06:47,574 --> 00:06:49,575
was a sound medical decision,
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00:06:49,575 --> 00:06:52,077
no matter what
Mr. Fischel says.
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00:06:52,313 --> 00:06:55,407
And I guess I'll spend
the next six years
128
00:06:55,407 --> 00:06:57,109
in court proving it.
129
00:07:00,154 --> 00:07:01,746
Mrs. Martinez,
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00:07:01,746 --> 00:07:03,881
we spoke with
several specialists
131
00:07:03,881 --> 00:07:05,152
and they have told us
132
00:07:05,152 --> 00:07:06,716
that Dr. Hellems
did nothing illegal
133
00:07:06,716 --> 00:07:08,456
when he operated on Roberto.
134
00:07:08,456 --> 00:07:10,622
If nobody did anything wrong,
135
00:07:10,622 --> 00:07:13,963
then why did they offer me
$50,000 this morning?
136
00:07:14,936 --> 00:07:15,994
Who are "they"?
137
00:07:15,994 --> 00:07:19,301
BioNorm. The company
that made the pacemaker.
138
00:07:19,301 --> 00:07:21,068
Did you take it?
139
00:07:22,811 --> 00:07:23,800
Roberto said
140
00:07:23,800 --> 00:07:25,744
that when he was a rich doctor,
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00:07:25,744 --> 00:07:28,476
he'd pay for Ana
to go to Juilliard.
142
00:07:31,152 --> 00:07:33,417
$50,000 pays tuition.
143
00:07:33,417 --> 00:07:36,114
They told me
that I had to sign a paper
144
00:07:36,114 --> 00:07:37,784
agreeing not to say anything.
145
00:07:39,028 --> 00:07:40,859
I want the world to know
146
00:07:40,859 --> 00:07:43,023
that these people
killed my son.
147
00:07:45,301 --> 00:07:47,132
Could be BioNorm has a heart.
148
00:07:47,132 --> 00:07:49,694
This is corporate America,
not a Cub Scout troop.
149
00:07:49,694 --> 00:07:51,796
You do a good deed,
your PR department
150
00:07:51,796 --> 00:07:53,466
splashes it
all over the front page.
151
00:07:53,466 --> 00:07:55,134
My old man got a new ticker.
152
00:07:55,134 --> 00:07:57,146
Got to listen to
my old lady screaming at him
153
00:07:57,146 --> 00:07:58,238
for six more years.
154
00:07:58,238 --> 00:07:59,304
And your point is?
155
00:07:59,304 --> 00:08:00,350
These companies,
156
00:08:00,350 --> 00:08:01,975
their job is
keeping people alive.
157
00:08:01,975 --> 00:08:03,178
Yeah, and if they screw up,
158
00:08:03,178 --> 00:08:04,777
they ought to get
handed a pink slip.
159
00:08:04,777 --> 00:08:07,585
Phil, one person out of 100,000
dies from taking penicillin.
160
00:08:07,585 --> 00:08:09,182
That means
we shouldn't take it?
161
00:08:09,182 --> 00:08:11,386
No, but what if there's a
chance the penicillin is bad?
162
00:08:11,386 --> 00:08:12,723
One kid died, Phil.
163
00:08:12,723 --> 00:08:14,525
One kid that we know about.
164
00:08:14,525 --> 00:08:16,566
And that scares
the hell out of me.
165
00:08:21,639 --> 00:08:23,231
Lawyers call it compensation.
166
00:08:23,231 --> 00:08:24,966
I call it blackmail.
167
00:08:25,243 --> 00:08:26,540
There's absolutely
nothing wrong
168
00:08:26,540 --> 00:08:28,340
with the device
in that boy's heart.
169
00:08:28,340 --> 00:08:29,744
So you examined it?
170
00:08:29,744 --> 00:08:31,145
No, I didn't have to.
171
00:08:31,145 --> 00:08:32,978
Look, whatever study
you want to go by,
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00:08:32,978 --> 00:08:35,849
our pacemaker's one of the
top three sellers in the world.
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00:08:35,849 --> 00:08:37,182
We've never had any problem.
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00:08:37,182 --> 00:08:39,485
You offered
Mrs. Martinez $50,000.
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00:08:39,485 --> 00:08:40,922
Some might say
that's a solution
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00:08:40,922 --> 00:08:42,391
to a pretty big problem.
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00:08:42,894 --> 00:08:44,191
$50,000.
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00:08:44,191 --> 00:08:46,595
That would be in my lawyer's
pocket the first week.
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00:08:46,595 --> 00:08:48,929
There was an itch.
I tried to scratch it.
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00:08:48,929 --> 00:08:51,127
Mr. Cleary,
that's more than an itch.
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00:08:51,127 --> 00:08:52,463
The boy died.
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00:08:52,463 --> 00:08:53,562
Well, do you want me
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00:08:53,562 --> 00:08:55,630
to hop down in the grave
beside him?
184
00:08:56,375 --> 00:08:57,706
Look, 35 years ago,
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00:08:57,706 --> 00:09:00,609
my old man owned
a greasy spoon in Corona.
186
00:09:00,846 --> 00:09:03,508
An old lady slipped.
She broke her hip.
187
00:09:03,508 --> 00:09:06,016
By the time her gaggle of
shysters got through with him,
188
00:09:06,016 --> 00:09:07,950
he didn't have
a proverbial pot.
189
00:09:07,950 --> 00:09:09,146
Now, there's no way
190
00:09:09,146 --> 00:09:11,213
lightning strikes
my family twice.
191
00:09:11,213 --> 00:09:13,122
If Roberto's pacemaker
didn't function,
192
00:09:13,122 --> 00:09:14,217
he is entitled to...
193
00:09:14,217 --> 00:09:16,057
Check your source, Detective.
194
00:09:16,057 --> 00:09:18,164
Peter Fischel said
it was a malfunction.
195
00:09:18,164 --> 00:09:20,631
That's the first thing
those people always say.
196
00:09:20,631 --> 00:09:22,634
What about the gag order?
197
00:09:22,634 --> 00:09:24,761
I've got nothing against
Mrs. Martinez.
198
00:09:24,761 --> 00:09:26,963
She seems like
a very nice person.
199
00:09:26,963 --> 00:09:28,563
But if she goes on
Geraldo
200
00:09:28,563 --> 00:09:30,666
and starts talking about
how her boy died
201
00:09:30,666 --> 00:09:32,940
with one of my pacemakers
in his chest,
202
00:09:32,940 --> 00:09:36,107
well, my whole company
goes down the crapper.
203
00:09:38,619 --> 00:09:40,018
So, you tell me, who's worse,
204
00:09:40,018 --> 00:09:42,021
the lawyers or their clients?
205
00:09:42,021 --> 00:09:44,023
Scrape the bottom
of any cesspool,
206
00:09:44,023 --> 00:09:46,116
you'll find it lined with JDs.
207
00:09:46,327 --> 00:09:48,795
Everything works until
some lawyer says it doesn't.
208
00:09:48,795 --> 00:09:51,160
And as Mr. Cleary
so elegantly opined:
209
00:09:51,160 --> 00:09:53,733
"That's the first thing
those people always say."
210
00:09:53,733 --> 00:09:56,031
That's seems a pretty astute
observation for somebody
211
00:09:56,031 --> 00:09:57,901
who's never had
a legal problem.
212
00:09:57,901 --> 00:09:59,804
Cleary said he never had
any problems
213
00:09:59,804 --> 00:10:00,899
with his pacemakers,
214
00:10:00,899 --> 00:10:03,171
not that he never got sued.
215
00:10:03,545 --> 00:10:06,844
Maybe we should get
the other side of the story.
216
00:10:10,619 --> 00:10:12,587
Sorry. As far as I can tell,
there's nothing
217
00:10:12,587 --> 00:10:14,417
currently pending against them.
218
00:10:14,417 --> 00:10:16,514
A corporation
that's not getting sued?
219
00:10:16,514 --> 00:10:18,320
There goes my faith in America.
220
00:10:18,320 --> 00:10:20,793
Well, they could still be
knee-deep in litigation.
221
00:10:20,793 --> 00:10:22,296
You can sue
without going to court?
222
00:10:22,296 --> 00:10:24,390
In civil cases,
the courts don't get involved
223
00:10:24,390 --> 00:10:26,867
until one of the parties needs
a judicial determination.
224
00:10:26,867 --> 00:10:28,801
So until then,
the court has no record.
225
00:10:28,801 --> 00:10:31,169
If the case is settled,
the court may never know.
226
00:10:31,169 --> 00:10:32,502
We have no way of knowing
227
00:10:32,502 --> 00:10:34,065
if BioNorm has ever been sued.
228
00:10:34,065 --> 00:10:36,077
You could check with FDA.
229
00:10:36,077 --> 00:10:38,407
They'll at least have
a record of complaints.
230
00:10:38,407 --> 00:10:39,810
Sure, I've heard of them.
231
00:10:39,810 --> 00:10:41,747
They make pacemakers,
insulin regulators.
232
00:10:41,747 --> 00:10:43,445
Expanding daily.
233
00:10:43,445 --> 00:10:46,011
Inside info,
they're goir public any day.
234
00:10:46,011 --> 00:10:47,853
Any problems with
those pacemakers?
235
00:10:47,853 --> 00:10:49,358
Nothing dramatic.
236
00:10:49,358 --> 00:10:51,690
Half a dozen preliminary
reports from doctors.
237
00:10:51,690 --> 00:10:53,696
How about
malfunctioning pacemakers?
238
00:10:53,696 --> 00:10:55,527
I don't have any specifics.
239
00:10:55,527 --> 00:10:57,464
They've never got
past the complaint stage.
240
00:10:57,464 --> 00:10:59,968
Six pacemakers failed,
and you never followed up?
241
00:10:59,968 --> 00:11:01,629
Excuse me,
but it was the doctors
242
00:11:01,629 --> 00:11:03,639
who never followed up.
243
00:11:04,741 --> 00:11:07,574
They file a complaint,
we send them the forms.
244
00:11:07,574 --> 00:11:11,410
If the doctors don't respond,
we don't pursue the matter.
245
00:11:11,883 --> 00:11:13,851
It's an election year,
gentlemen.
246
00:11:13,851 --> 00:11:16,284
Everybody wants
to cut government spending.
247
00:11:16,284 --> 00:11:18,447
Guess whose pocket is
the first to get picked?
248
00:11:18,447 --> 00:11:20,548
Let me guess.
You, me, and everybody else.
249
00:11:20,548 --> 00:11:23,058
We are understaffed, underpaid.
250
00:11:23,058 --> 00:11:24,823
The whole country's
screaming about
251
00:11:24,823 --> 00:11:26,158
silicone breast implants,
252
00:11:26,158 --> 00:11:28,722
Halcion, irradiated food.
253
00:11:29,234 --> 00:11:32,294
Six pacemakers
that may have malfunctioned,
254
00:11:32,637 --> 00:11:34,799
that's not a high priority.
255
00:11:35,074 --> 00:11:36,666
So you just let it go.
256
00:11:36,666 --> 00:11:38,801
Cross your fingers,
hope no one else dies.
257
00:11:38,801 --> 00:11:40,470
We are not a policing agency.
258
00:11:40,470 --> 00:11:41,843
We are.
259
00:11:41,843 --> 00:11:43,676
Suppose you
just give us the numbers
260
00:11:43,676 --> 00:11:45,683
of those doctors
who filed the complaints?
261
00:11:46,252 --> 00:11:48,083
I hate to be an iconoclast.
262
00:11:48,083 --> 00:11:49,917
I thought you
were a cardiologist.
263
00:11:49,917 --> 00:11:52,253
Some doctors actually care
about their patients.
264
00:11:52,253 --> 00:11:54,417
Doctor, the FDA
says you filed a report
265
00:11:54,417 --> 00:11:56,859
but never followed up
with the questionnaire.
266
00:11:59,299 --> 00:12:00,732
Alan Stein.
267
00:12:01,301 --> 00:12:03,599
At 35, he finished
his fourth marathon.
268
00:12:03,599 --> 00:12:05,729
The only trouble was
he smoked two packs a day
269
00:12:05,729 --> 00:12:08,865
and drank six cups of
black coffee before breakfast.
270
00:12:08,865 --> 00:12:11,672
At 40, he developed
a heart flutter.
271
00:12:11,672 --> 00:12:13,770
Irregular beating.
272
00:12:13,770 --> 00:12:15,405
And at 45?
273
00:12:16,183 --> 00:12:17,514
We'll never know.
274
00:12:17,514 --> 00:12:20,018
I convinced him of the
benefits of clean living,
275
00:12:20,018 --> 00:12:21,985
implanted a pacemaker.
276
00:12:21,985 --> 00:12:23,386
He should have lived to 80.
277
00:12:23,386 --> 00:12:25,857
But his BioNorm
pacemaker misfired.
278
00:12:27,828 --> 00:12:30,092
BioNorm bought your silence?
279
00:12:31,499 --> 00:12:35,799
Tracy, Alars wife,
and his 4-year-old, Ben,
280
00:12:36,370 --> 00:12:37,598
they needed the money.
281
00:12:37,598 --> 00:12:39,435
How much money did Tracy need?
282
00:12:40,775 --> 00:12:43,505
$250,000.
With a caveat.
283
00:12:44,812 --> 00:12:46,803
I play Ralph Nader,
she gets nada.
284
00:12:46,803 --> 00:12:48,110
But maybe a few other people
285
00:12:48,110 --> 00:12:50,048
would have been alive,
right, Doctor?
286
00:12:56,225 --> 00:12:59,058
All six doctors had filed
complaints with the FDA.
287
00:12:59,058 --> 00:13:00,753
All of their patients died
288
00:13:00,753 --> 00:13:02,524
with BioNorm pacemakers
in their chests.
289
00:13:02,524 --> 00:13:04,657
All the survivors
signed settlement agreements.
290
00:13:04,657 --> 00:13:07,258
Which conveniently contain
non-disclosure statements.
291
00:13:07,258 --> 00:13:09,770
Willie Sutton wasrt so good
at covering his tracks.
292
00:13:09,770 --> 00:13:10,770
Seven dead.
293
00:13:10,770 --> 00:13:12,705
We could be talking
about mass murder here.
294
00:13:12,705 --> 00:13:15,437
Whoa, whoa, whoa, whoa.
They got sued, they settled.
295
00:13:15,437 --> 00:13:17,240
Doesrt mean
they're out killing people.
296
00:13:17,240 --> 00:13:19,611
Yeah, well, that's how
I felt till Cleary lied to us.
297
00:13:19,611 --> 00:13:21,240
He said he'd never had
any trouble.
298
00:13:21,240 --> 00:13:23,182
Tell a little lie,
tell a big one.
299
00:13:23,182 --> 00:13:26,381
Take it from me,
Cleary is covering something.
300
00:13:27,890 --> 00:13:30,415
You got 24
to find out what it is.
301
00:13:31,294 --> 00:13:33,592
I wanted to leave a company
won'th something to my son.
302
00:13:33,592 --> 00:13:34,721
Sue me.
303
00:13:34,721 --> 00:13:36,732
No, we have
something else in mind.
304
00:13:36,732 --> 00:13:38,131
I already told you,
I didn't want
305
00:13:38,131 --> 00:13:40,170
the bad press.
$50,000 was well won'th it.
306
00:13:40,170 --> 00:13:41,602
Cut the crap,
Mr. Cleary.
307
00:13:41,602 --> 00:13:42,969
We know about the other cases.
308
00:13:42,969 --> 00:13:44,938
This one's different.
309
00:13:46,910 --> 00:13:48,207
All right, all right,
310
00:13:48,207 --> 00:13:50,907
we tried to take care of it
ourselves.
311
00:13:51,815 --> 00:13:54,943
We never sold a pacemaker
to the Martinez boy.
312
00:13:55,953 --> 00:13:57,921
It sure as hell
said "BioNorm."
313
00:13:57,921 --> 00:13:59,615
No, Dad said we didn't sell it,
314
00:13:59,615 --> 00:14:00,885
not that we didn't make it.
315
00:14:00,885 --> 00:14:02,620
When Fischel served the papers,
316
00:14:02,620 --> 00:14:05,356
I compared the serial numbers
to the one in the complaint.
317
00:14:05,356 --> 00:14:07,557
We keep records,
in case there's a recall.
318
00:14:07,557 --> 00:14:08,963
We sold that particular device
319
00:14:08,963 --> 00:14:10,262
to a Dr. Evelyn Stark
320
00:14:10,262 --> 00:14:12,633
for her patient Ethel Barnet.
321
00:14:14,472 --> 00:14:17,441
And it got into
Roberto Martinez by magic?
322
00:14:17,976 --> 00:14:19,375
Paper isn't the only thing
323
00:14:19,375 --> 00:14:21,605
being recycled
these days, Detective.
324
00:14:22,947 --> 00:14:24,472
Mother of God.
325
00:14:25,985 --> 00:14:28,681
Are you saying
the boy had a used pacemaker?
326
00:14:28,681 --> 00:14:30,688
Ah, the cheap bastards.
327
00:14:30,688 --> 00:14:32,519
They lose a big Nassau
on the golf course
328
00:14:32,519 --> 00:14:33,751
on Wednesday afternoon,
329
00:14:33,751 --> 00:14:35,259
Thursday they try to make it up
330
00:14:35,259 --> 00:14:36,625
selling second-hand goods.
331
00:14:36,625 --> 00:14:37,822
You got nothing out of it?
332
00:14:37,822 --> 00:14:40,865
Sure. The start of
an ulcer, a heartburn.
333
00:14:41,133 --> 00:14:43,294
But why the offer
to Mrs. Martinez?
334
00:14:44,136 --> 00:14:46,036
Well, we thought
we'd go public.
335
00:14:46,036 --> 00:14:47,129
We didn't want it out
336
00:14:47,129 --> 00:14:49,198
because people might think
we were involved.
337
00:14:49,198 --> 00:14:51,767
Now that wouldn't look very
good on our offering memorandum.
338
00:14:51,767 --> 00:14:54,439
We're doing our best to find
the guy who's doing this.
339
00:14:54,439 --> 00:14:57,005
I talked to
Dr. Stark personally.
340
00:14:57,317 --> 00:14:58,477
No comment.
341
00:14:58,477 --> 00:15:01,282
Let me guess.
She talked to a lawyer.
342
00:15:04,157 --> 00:15:05,886
That's great.
That's great.
343
00:15:11,498 --> 00:15:12,864
No comment.
344
00:15:12,864 --> 00:15:15,401
Translation:
I have nothing to say.
345
00:15:15,737 --> 00:15:17,295
Under advice of counsel?
346
00:15:17,939 --> 00:15:19,406
You blame me?
347
00:15:19,406 --> 00:15:21,203
Cleary calls up
ranting and raving
348
00:15:21,203 --> 00:15:23,243
about an 18-year-old boy
I've never heard of.
349
00:15:23,243 --> 00:15:25,073
Tells me if his
company goes down,
350
00:15:25,073 --> 00:15:26,636
I'm going down with it.
351
00:15:26,636 --> 00:15:29,342
You never heard of
Roberto Martinez?
352
00:15:29,717 --> 00:15:31,480
At the time of his death,
353
00:15:31,480 --> 00:15:33,486
he was found
wearing a pacemaker
354
00:15:33,486 --> 00:15:35,545
you had implanted
in a Mrs. Barnet.
355
00:15:35,545 --> 00:15:36,920
Ethel Barnet?
356
00:15:36,920 --> 00:15:38,186
I can't help you.
357
00:15:38,186 --> 00:15:39,989
Oh, what in hell is this,
Doctor?
358
00:15:39,989 --> 00:15:42,622
A patient kicks,
and you scavenge for parts?
359
00:15:42,622 --> 00:15:44,427
Now these degrees are
supposed to do more
360
00:15:44,427 --> 00:15:45,592
than buy you a Benz.
361
00:15:45,592 --> 00:15:48,192
For your information,
Detective,
362
00:15:48,404 --> 00:15:51,532
Mrs. Barnet is alive
and living in Short Hills.
363
00:15:51,532 --> 00:15:53,074
Without her pacemaker?
364
00:15:53,074 --> 00:15:56,201
With a new pacemaker.
It's called progress.
365
00:15:56,201 --> 00:15:58,369
Alden Little
Pharmaceuticals came up
366
00:15:58,369 --> 00:15:59,709
with a programmable device
367
00:15:59,709 --> 00:16:01,944
that was better suited
to Mrs. Barnet's needs.
368
00:16:01,944 --> 00:16:03,382
No, I'm not interested in that.
369
00:16:03,382 --> 00:16:04,545
What about the old one?
370
00:16:04,545 --> 00:16:07,181
I donated it to Manattan Med.
371
00:16:07,181 --> 00:16:08,986
Medical schools
are always looking
372
00:16:08,986 --> 00:16:11,219
for pacemakers
as teaching devices.
373
00:16:12,595 --> 00:16:15,189
There's a lot of new
scavengers born every year.
374
00:16:15,189 --> 00:16:18,200
God, I know that I'm saying
more than I should.
375
00:16:18,200 --> 00:16:19,792
That pacemaker
had a five-year life.
376
00:16:19,792 --> 00:16:21,803
Ethel used it for three years.
377
00:16:22,372 --> 00:16:24,704
I really thought
that I was helping.
378
00:16:24,704 --> 00:16:26,402
Sweeney's delight.
379
00:16:26,402 --> 00:16:29,412
Diseased livers,
kidneys, gall bladders,
380
00:16:29,412 --> 00:16:30,504
whatever you want.
381
00:16:30,504 --> 00:16:31,809
What about pacemakers?
382
00:16:31,809 --> 00:16:33,211
Right here.
383
00:16:36,053 --> 00:16:38,613
Go through about 25 of these
each semester.
384
00:16:38,613 --> 00:16:41,725
That's for a cardiology class
of maybe 12.
385
00:16:41,725 --> 00:16:43,089
These baby De Bakeys
386
00:16:43,089 --> 00:16:45,094
never seem to get it right
the first time.
387
00:16:45,094 --> 00:16:46,925
They all make it into class?
388
00:16:46,925 --> 00:16:49,397
Sure. Where else
they gonna go?
389
00:16:49,800 --> 00:16:52,668
Rumors. Something
about a black market.
390
00:16:55,941 --> 00:16:57,636
I got work to do.
391
00:16:58,443 --> 00:17:00,843
You may also
have time to serve.
392
00:17:04,883 --> 00:17:06,874
Look, six years down the road,
393
00:17:06,874 --> 00:17:08,715
these punks get their MD plates
394
00:17:08,715 --> 00:17:10,448
and they double-park
their 'vettes
395
00:17:10,448 --> 00:17:12,513
while they're having
their bagels and coffee.
396
00:17:12,513 --> 00:17:15,152
Me? My transmission
goes out,
397
00:17:15,152 --> 00:17:16,820
the kid needs braces.
398
00:17:18,030 --> 00:17:20,828
I needed a couple
of extra bucks, okay?
399
00:17:20,828 --> 00:17:22,161
Who's it gonna hurt?
400
00:17:22,161 --> 00:17:23,395
You'd be surprised.
401
00:17:23,395 --> 00:17:24,834
Selling school property.
402
00:17:24,834 --> 00:17:26,462
Minimum, that's what, larceny?
403
00:17:26,462 --> 00:17:28,473
Hey, we get a lot of
donations here, pal.
404
00:17:28,473 --> 00:17:29,974
Not all of them
are fit for use,
405
00:17:29,974 --> 00:17:31,407
if you know what I mean.
406
00:17:31,407 --> 00:17:34,071
Wait a minute.
You sell the rejects?
407
00:17:34,347 --> 00:17:36,838
Hey, who'd you
sell it to, Billy?
408
00:17:37,416 --> 00:17:39,351
Salesman.
Uh, Jeff Suiter.
409
00:17:39,720 --> 00:17:41,017
Uh, seemed like a nice guy.
410
00:17:41,017 --> 00:17:42,487
Throws me
a couple of hundred, uh,
411
00:17:42,487 --> 00:17:44,456
tells me we're not
breaking any laws.
412
00:17:44,456 --> 00:17:46,288
Where can we find
Mr. Suiter?
413
00:17:46,288 --> 00:17:48,223
Uh, he's a detail man.
414
00:17:48,223 --> 00:17:49,818
Uh, an independent.
415
00:17:50,163 --> 00:17:52,859
Uh, deals goods for
half a dozen companies.
416
00:17:53,400 --> 00:17:56,836
Look, I only did it
a couple of times.
417
00:17:57,437 --> 00:17:59,064
Yeah, right.
418
00:18:02,342 --> 00:18:04,174
Mum wanted a doctor.
419
00:18:05,780 --> 00:18:07,873
Only, little Jeffrey
was more interested
420
00:18:07,873 --> 00:18:10,474
in orgasms
than organic chemistry.
421
00:18:12,086 --> 00:18:14,452
But you can't escape
the wrath of motherhood
422
00:18:14,452 --> 00:18:17,218
so I spent four forgettable
years south of the border.
423
00:18:17,218 --> 00:18:18,259
You're a doctor?
424
00:18:18,259 --> 00:18:20,294
I graduated
from medical school, yeah.
425
00:18:20,294 --> 00:18:22,989
El Doctoro, no way.
Never passed the Board.
426
00:18:22,989 --> 00:18:24,793
Seems like you did all right.
427
00:18:24,793 --> 00:18:28,063
Well, Mum went into labor
under a lucky star.
428
00:18:28,304 --> 00:18:31,273
No offices, no nurses,
no malpractice premiums.
429
00:18:31,273 --> 00:18:33,534
Just a small warehouse
downtown.
430
00:18:33,534 --> 00:18:34,871
I keep six figures per,
431
00:18:34,871 --> 00:18:37,412
hawking medical products
for up-and-comers.
432
00:18:37,412 --> 00:18:40,141
I think you mean
used products, don't you?
433
00:18:40,141 --> 00:18:42,876
New, used.
Doesrt matter to me.
434
00:18:43,252 --> 00:18:45,083
Maybe it matters
to the consumer.
435
00:18:45,083 --> 00:18:47,486
A kid died because of
one of your retreads.
436
00:18:47,486 --> 00:18:49,717
I think they call that
"assumption of risk."
437
00:18:49,717 --> 00:18:52,057
He knew you were selling him
second-hand goods?
438
00:18:52,057 --> 00:18:55,461
If I didn't tell him,
I'd be breaking the law.
439
00:18:56,766 --> 00:19:00,827
Look, I recondition them,
I sterilize them.
440
00:19:01,137 --> 00:19:04,072
Mayo Clinic
couldn't tell the difference.
441
00:19:04,407 --> 00:19:06,671
You're telling me
this is legal?
442
00:19:06,671 --> 00:19:08,869
Nobody likes it,
but the legislature
443
00:19:08,869 --> 00:19:10,970
never got around to
making it illegal.
444
00:19:10,970 --> 00:19:13,481
Too busy debating
the pooper-scooper law.
445
00:19:13,481 --> 00:19:15,643
As long as the purchaser knew
what he was getting,
446
00:19:15,643 --> 00:19:16,880
it's all kosher.
447
00:19:16,880 --> 00:19:18,581
And if the purchaser
didn't know?
448
00:19:18,581 --> 00:19:19,782
It's fraud.
449
00:19:19,782 --> 00:19:22,087
If he didn't know,
and it killed him?
450
00:19:22,087 --> 00:19:23,854
Could be depraved indifference.
451
00:19:23,854 --> 00:19:25,862
Maybe the seller's
guilty of murder two.
452
00:19:26,263 --> 00:19:27,423
Unfortunately,
453
00:19:27,423 --> 00:19:29,762
the purchaser is unavailable
for questioning.
454
00:19:29,762 --> 00:19:31,767
But the mother isn't.
455
00:19:32,770 --> 00:19:35,238
Before Roberto was born,
we only prayed
456
00:19:35,238 --> 00:19:37,501
that he'd be healthy and happy.
457
00:19:37,501 --> 00:19:40,009
Our prayers
were half-answered.
458
00:19:40,545 --> 00:19:43,173
My sister's son
was two years older.
459
00:19:43,482 --> 00:19:46,974
Roberto wore
his shoes and his dungarees.
460
00:19:49,187 --> 00:19:51,849
But when it came
to my sors health,
461
00:19:52,424 --> 00:19:54,016
I wanted the best.
462
00:19:54,326 --> 00:19:55,554
So you didn't know
463
00:19:55,554 --> 00:19:57,151
that he was getting
a used pacemaker?
464
00:19:57,151 --> 00:20:00,198
We're poor.
We're not stupid and uncaring.
465
00:20:00,399 --> 00:20:01,457
Dr. Hellems...
466
00:20:01,457 --> 00:20:02,625
Killed Roberto.
467
00:20:04,070 --> 00:20:06,004
Mr. Fischel was right.
468
00:20:06,372 --> 00:20:08,499
For the wrong reason, yes.
469
00:20:10,977 --> 00:20:12,740
Yes. I knew.
470
00:20:12,740 --> 00:20:14,745
So, what is it, kickbacks?
471
00:20:14,745 --> 00:20:17,077
Mrs. Martinez said
you never told her.
472
00:20:17,077 --> 00:20:19,083
She had no medical insurance,
no money.
473
00:20:19,083 --> 00:20:20,813
I did what I thought was best.
474
00:20:20,813 --> 00:20:22,878
Well, you're just
a regular Dr. Schweitzer.
475
00:20:22,878 --> 00:20:24,854
I happen to be
a very good doctor.
476
00:20:24,854 --> 00:20:26,755
I do not appreciate...
477
00:20:28,696 --> 00:20:30,493
Every day you see an article
478
00:20:30,493 --> 00:20:33,089
about doctors inflating costs.
479
00:20:33,434 --> 00:20:35,766
We're crooks.
We're the enemy.
480
00:20:36,270 --> 00:20:38,397
I tried to save
the woman some money
481
00:20:38,397 --> 00:20:40,201
and keep her son alive.
482
00:20:40,201 --> 00:20:41,969
Well, there were
always the drugs.
483
00:20:41,969 --> 00:20:43,804
We've been through that.
484
00:20:43,804 --> 00:20:45,673
I did what was
in the best interests
485
00:20:45,673 --> 00:20:46,735
of my patient.
486
00:20:46,735 --> 00:20:48,381
Well, it looks like
you did wrong.
487
00:20:48,381 --> 00:20:50,474
No reason that pacemaker
should have failed.
488
00:20:50,474 --> 00:20:52,246
Why?
Because Suiter said so?
489
00:20:52,246 --> 00:20:54,379
Because I tested it myself.
490
00:20:54,379 --> 00:20:57,220
That model pacemaker
has a life of five years.
491
00:20:57,220 --> 00:20:59,317
The expiration date
on the battery was
492
00:20:59,317 --> 00:21:01,191
three years from now.
493
00:21:01,191 --> 00:21:03,230
I did not do anything wrong.
494
00:21:03,230 --> 00:21:05,562
Then why the sealed lips
the first time we came here?
495
00:21:05,562 --> 00:21:07,464
Mrs. Martinez's lawyer
496
00:21:07,464 --> 00:21:10,197
had already started
to drag me through court.
497
00:21:10,197 --> 00:21:13,069
Did you want me to
put bullets in his gun?
498
00:21:13,069 --> 00:21:14,802
Hellems knew
what he was buying,
499
00:21:14,802 --> 00:21:16,002
so Suiter's in the clear.
500
00:21:16,002 --> 00:21:17,067
Maybe not.
501
00:21:17,067 --> 00:21:18,135
Here, you want one?
502
00:21:18,135 --> 00:21:19,875
Come on, these are
very good for you.
503
00:21:19,875 --> 00:21:22,076
No, I'll stick with
what Mother Nature gave me.
504
00:21:22,076 --> 00:21:23,140
Mmm.
505
00:21:24,420 --> 00:21:26,980
This pacemaker
had a life of five years.
506
00:21:26,980 --> 00:21:29,114
That first cardiologist,
Dr. Stark,
507
00:21:29,114 --> 00:21:31,591
said it was in Mrs. Barnet
for three years.
508
00:21:33,262 --> 00:21:35,253
That's right.
And Hellems said
509
00:21:35,253 --> 00:21:36,958
that when he implanted it
in Roberto,
510
00:21:36,958 --> 00:21:39,057
it had three years
left till expiration.
511
00:21:39,057 --> 00:21:40,796
How's your arithmetic?
512
00:21:40,796 --> 00:21:44,034
I know that three plus three
equals murder two.
513
00:21:46,009 --> 00:21:48,773
Last year we paid the bum
$130,000 in commissions.
514
00:21:48,773 --> 00:21:50,278
Still he's picking our pockets.
515
00:21:50,278 --> 00:21:52,611
The expiration date, please?
516
00:21:53,483 --> 00:21:54,882
Here we go.
517
00:21:56,219 --> 00:21:58,517
Oh, well, no wonder
the kid's dead.
518
00:21:58,517 --> 00:22:01,021
Expiration date, last December.
519
00:22:01,558 --> 00:22:03,549
I mean, that's malpractice.
520
00:22:03,549 --> 00:22:04,958
The doctor who implanted...
521
00:22:04,958 --> 00:22:06,291
Didrt know.
522
00:22:06,291 --> 00:22:07,353
What do you mean,
523
00:22:07,353 --> 00:22:08,898
Suiter changed
the expiration date?
524
00:22:08,898 --> 00:22:10,297
That's exactly what I mean.
525
00:22:10,297 --> 00:22:12,393
That stupid bastard
killed the boy.
526
00:22:15,873 --> 00:22:17,898
Gentlemen, don't get up.
527
00:22:19,911 --> 00:22:22,311
All that's missing
is a hunchback named Igor.
528
00:22:22,311 --> 00:22:25,110
What the hell's the...
Can I help you?
529
00:22:25,110 --> 00:22:26,275
Matter of fact, you can.
530
00:22:26,275 --> 00:22:27,874
Turn around,
put your hands together.
531
00:22:27,874 --> 00:22:29,887
Jeffrey Suiter,
you're under arrest
532
00:22:29,887 --> 00:22:31,422
for the murder of
Roberto Martinez.
533
00:22:31,422 --> 00:22:32,980
You have the right
to remain silent.
534
00:22:32,980 --> 00:22:35,219
Anything you do say can
and will be used against you
535
00:22:35,219 --> 00:22:36,283
in a court of law.
536
00:22:36,283 --> 00:22:37,453
I want to see my lawyer.
537
00:22:37,453 --> 00:22:38,826
I'm shocked.
538
00:22:41,800 --> 00:22:44,098
"Docket Number 594223.
539
00:22:44,098 --> 00:22:45,864
"People v. Jeffrey Suiter.
540
00:22:45,864 --> 00:22:48,463
"Charges are murder
in the second degree,
541
00:22:48,463 --> 00:22:50,405
grand larceny in
the third degree."
542
00:22:50,405 --> 00:22:51,942
The charges are bogus,
Your Honor.
543
00:22:51,942 --> 00:22:53,637
The state is wasting
the court's time.
544
00:22:53,637 --> 00:22:56,682
I'm grateful for
your concern, Ms. Adler.
545
00:22:56,682 --> 00:22:58,580
Does your client
wish to make a plea?
546
00:22:58,852 --> 00:23:00,877
Uh, not guilty, Your Honor.
547
00:23:00,877 --> 00:23:02,785
Color me surprised.
548
00:23:02,785 --> 00:23:04,550
Mr. Robinette?
549
00:23:04,550 --> 00:23:06,352
Request bail of $250,000.
550
00:23:07,260 --> 00:23:09,455
Now, Ms. Adler,
why don't you tell me
551
00:23:09,455 --> 00:23:12,429
all about the unconscionability
of the state's position.
552
00:23:12,429 --> 00:23:14,591
My client has
a business to run, Your Honor.
553
00:23:14,591 --> 00:23:15,861
He works on commission.
554
00:23:15,861 --> 00:23:18,130
Risk of flight
is less than minimal.
555
00:23:18,130 --> 00:23:20,298
Personally,
I can't understand why anyone
556
00:23:20,298 --> 00:23:22,365
would want to leave
our fair city.
557
00:23:22,365 --> 00:23:26,106
Bail is set at $100,000,
cash or bond.
558
00:23:27,047 --> 00:23:28,514
Mars creativity
559
00:23:28,514 --> 00:23:30,573
expands proportionately
to his greed.
560
00:23:30,784 --> 00:23:32,274
Stone's Law?
561
00:23:33,120 --> 00:23:34,815
No one ever went Chapter 11
562
00:23:34,815 --> 00:23:36,754
scamming his neighbor
out of a buck.
563
00:23:36,754 --> 00:23:39,622
Used pacemakers.
God forgive us.
564
00:23:39,622 --> 00:23:42,491
And an attorney's creativity
expands geometrically
565
00:23:42,491 --> 00:23:45,225
to the heinousness
of his client's crime.
566
00:23:45,225 --> 00:23:47,268
Adler's moving to
quash the indictment.
567
00:23:47,268 --> 00:23:50,600
Says we failed to present
evidence of causation.
568
00:23:51,506 --> 00:23:53,940
I like my law
better than yours.
569
00:23:57,746 --> 00:23:59,441
No one is disputing the fact
570
00:23:59,441 --> 00:24:01,345
that the pacemaker
malfunctioned.
571
00:24:01,345 --> 00:24:02,849
And I'm certainly not arguing
572
00:24:02,849 --> 00:24:04,317
that the malfunction
didn't cause
573
00:24:04,317 --> 00:24:05,580
Roberto Martinez's death.
574
00:24:05,580 --> 00:24:07,623
Mr. Suiter changed
the expiration date.
575
00:24:07,623 --> 00:24:09,954
Neither the doctor nor
the patient were informed.
576
00:24:09,954 --> 00:24:11,823
Thank you for
the play-by-play, Ben,
577
00:24:11,823 --> 00:24:13,293
but if you'd read my papers,
578
00:24:13,293 --> 00:24:15,353
you'd see I'm talking
about cause and effect.
579
00:24:15,353 --> 00:24:17,092
Or rather, the lack thereof.
580
00:24:17,092 --> 00:24:18,224
The boy died.
581
00:24:18,224 --> 00:24:20,564
But not because
the battery failed.
582
00:24:20,564 --> 00:24:23,969
Wait, was the gizmo
on the fritz or not?
583
00:24:23,969 --> 00:24:25,234
If I may, Your Honor.
584
00:24:25,234 --> 00:24:26,468
Ms. Kenny's
with the FDA.
585
00:24:26,468 --> 00:24:28,533
She examined
the pacemaker in question.
586
00:24:28,533 --> 00:24:29,702
Ms. Kenny?
587
00:24:29,702 --> 00:24:31,747
Nothing lasts forever.
588
00:24:32,082 --> 00:24:34,312
We require
expiration dates on pacemakers
589
00:24:34,312 --> 00:24:35,942
to prevent
overuse of batteries.
590
00:24:35,942 --> 00:24:38,010
In real life, that little
rabbit with the drum
591
00:24:38,010 --> 00:24:39,453
eventually goes kaput.
592
00:24:39,453 --> 00:24:40,854
Please, Ms. Adler.
593
00:24:40,854 --> 00:24:43,415
The date on the device
earmarks battery life
594
00:24:43,415 --> 00:24:44,653
and nothing else.
595
00:24:44,653 --> 00:24:46,161
Is there a point to this?
596
00:24:46,161 --> 00:24:48,720
Mr. Martinez's
pacemaker failed, yes,
597
00:24:48,720 --> 00:24:50,630
but not because
the battery was dead.
598
00:24:50,630 --> 00:24:52,362
It failed because the leads,
599
00:24:52,362 --> 00:24:54,870
the wires that get
woven into the heart,
600
00:24:54,870 --> 00:24:55,963
were corroded.
601
00:24:55,963 --> 00:24:58,508
The battery sent
the proper current.
602
00:24:58,508 --> 00:25:00,703
The heart never received it.
603
00:25:01,079 --> 00:25:02,774
This corrosion,
604
00:25:04,048 --> 00:25:06,414
could it have been
the result of the recycling?
605
00:25:06,414 --> 00:25:07,541
No, no.
606
00:25:07,541 --> 00:25:09,210
Mr. Suiter should have seen
607
00:25:09,210 --> 00:25:10,618
that those leads were corroded.
608
00:25:10,618 --> 00:25:13,122
This isn't a car battery,
Mr. Stone.
609
00:25:13,122 --> 00:25:15,352
These are very delicate wires.
610
00:25:15,352 --> 00:25:18,122
Sometimes corrosion is evident
on visual inspection,
611
00:25:18,122 --> 00:25:19,994
but with this
particular device,
612
00:25:19,994 --> 00:25:22,124
you would have to
run conductivity tests.
613
00:25:22,124 --> 00:25:23,759
And if he didn't
run those tests,
614
00:25:23,759 --> 00:25:25,030
then he was reckless.
615
00:25:25,030 --> 00:25:26,731
I've surveyed the industry.
616
00:25:26,731 --> 00:25:29,467
Not one manufacturer
runs conductivity tests
617
00:25:29,467 --> 00:25:30,906
in the normal course
of business.
618
00:25:30,906 --> 00:25:32,534
Wait a minute.
619
00:25:33,545 --> 00:25:35,911
This thing worked
for three years
620
00:25:35,911 --> 00:25:37,312
in the Barnet woman?
621
00:25:37,312 --> 00:25:39,010
That is no indication.
622
00:25:39,010 --> 00:25:40,847
When a corroded lead
will malfunction
623
00:25:40,847 --> 00:25:42,250
is at best a crap-shoot.
624
00:25:42,250 --> 00:25:43,845
The bottom line is
625
00:25:43,845 --> 00:25:45,914
my client's behavior was not
626
00:25:45,914 --> 00:25:48,085
the cause-in-fact
of Roberto's death.
627
00:25:48,085 --> 00:25:49,651
He changed the dates.
628
00:25:49,651 --> 00:25:51,731
So we'll plead to fraud.
629
00:25:51,731 --> 00:25:53,459
Your Honor, given some time...
630
00:25:53,459 --> 00:25:55,227
Give it up, Ben.
631
00:25:57,504 --> 00:25:59,836
You can't fight with the FDA.
632
00:26:00,673 --> 00:26:02,004
I'm dismissing
633
00:26:02,004 --> 00:26:04,134
with respect to
the murder charges.
634
00:26:05,145 --> 00:26:06,772
You come up with
something else,
635
00:26:07,847 --> 00:26:10,476
feel free to re-indict.
636
00:26:12,353 --> 00:26:15,083
He's playing three-card Monte
with people's hearts,
637
00:26:15,083 --> 00:26:16,680
and the best
we can do is fraud.
638
00:26:16,680 --> 00:26:18,588
Suiter is going to
enter a guilty plea.
639
00:26:18,588 --> 00:26:21,127
A lenient judge,
two years, tops.
640
00:26:21,127 --> 00:26:23,493
Our expert confirmed
the FDA's findings.
641
00:26:23,493 --> 00:26:25,827
The corrosion was unrelated
to the recycling.
642
00:26:25,827 --> 00:26:27,924
Yeah. Now, are you
saying that these wires
643
00:26:27,924 --> 00:26:29,594
were bad to begin with?
644
00:26:29,594 --> 00:26:30,932
No way of telling.
645
00:26:30,932 --> 00:26:32,267
I see.
646
00:26:32,808 --> 00:26:36,505
Well, if it was
a manufacturing defect,
647
00:26:36,845 --> 00:26:38,403
if the pacemaker
was originally sold
648
00:26:38,403 --> 00:26:40,071
with defective leads,
649
00:26:40,982 --> 00:26:43,280
we just might have
a case against BioNorm.
650
00:26:43,280 --> 00:26:44,375
A civil case.
651
00:26:44,375 --> 00:26:45,817
We've got one bad apple.
652
00:26:45,817 --> 00:26:46,979
At most, it's negligence.
653
00:26:46,979 --> 00:26:48,113
Not necessarily.
654
00:26:48,113 --> 00:26:51,023
We know that BioNorm settled
at least six other suits.
655
00:26:51,023 --> 00:26:54,687
Find out if those other apples
had corroded wires.
656
00:26:56,064 --> 00:26:57,498
When I was a kid,
657
00:26:57,498 --> 00:26:59,398
I used to look up at
buildings like this
658
00:26:59,398 --> 00:27:01,562
and dream about
meeting a prince
659
00:27:01,562 --> 00:27:03,365
and living in a penthouse.
660
00:27:04,474 --> 00:27:07,068
My prince showed up,
Mr. Robinette.
661
00:27:07,710 --> 00:27:09,541
His name was BioNorm.
662
00:27:09,541 --> 00:27:11,579
I'm sorry, but there is no way
663
00:27:11,579 --> 00:27:13,774
that I'm going to turn back
into being a frog.
664
00:27:13,774 --> 00:27:15,077
Part of your settlement was
665
00:27:15,077 --> 00:27:16,675
a non-disclosure
agreement?
666
00:27:16,675 --> 00:27:17,810
Uh-huh.
667
00:27:17,810 --> 00:27:20,754
I keep quiet, I keep all this.
668
00:27:20,990 --> 00:27:24,586
The terms of your settlement
may be covering up a crime.
669
00:27:24,586 --> 00:27:27,391
So you're going to arrest me
for obstruction?
670
00:27:27,391 --> 00:27:30,194
I dated an attorney
for three years.
671
00:27:30,434 --> 00:27:32,265
Look, all I know
672
00:27:32,265 --> 00:27:34,600
is that my dad's
pacemaker didn't work.
673
00:27:34,600 --> 00:27:36,434
I don't even know
what a lead is.
674
00:27:36,434 --> 00:27:39,270
Your father died,
and you didn't care why?
675
00:27:39,270 --> 00:27:41,742
My dad was no hero, okay?
676
00:27:41,979 --> 00:27:43,947
The best thing
he ever did was to die
677
00:27:43,947 --> 00:27:46,449
with one of those gizmos
attached to his ticker.
678
00:27:46,449 --> 00:27:48,178
I don't know about you,
679
00:27:48,178 --> 00:27:49,686
but I like Park Avenue
680
00:27:49,686 --> 00:27:51,984
a hell of a lot more
than Canarsie.
681
00:27:51,984 --> 00:27:54,752
One day, a man
from BioNorm shows up.
682
00:27:54,752 --> 00:27:57,384
Offers me $250,000.
683
00:27:57,384 --> 00:28:00,590
I settle faster than
you can say "gold card."
684
00:28:04,135 --> 00:28:05,466
Excuse me,
Mr. Stone?
685
00:28:05,466 --> 00:28:06,934
This just came in for you.
686
00:28:06,934 --> 00:28:08,528
Talked to all six families.
687
00:28:08,528 --> 00:28:10,074
All the pacemakers
were purchased
688
00:28:10,074 --> 00:28:12,144
around the same time.
They all failed.
689
00:28:12,144 --> 00:28:13,506
Because of corroded leads?
690
00:28:13,506 --> 00:28:14,978
Nobody ever pinpointed why.
691
00:28:14,978 --> 00:28:16,173
The lawsuits were settled
692
00:28:16,173 --> 00:28:17,806
before anybody
checked them out.
693
00:28:17,806 --> 00:28:19,908
Oh, sure, every good lawyer
always files a complaint
694
00:28:19,908 --> 00:28:21,885
before he knows
what the case is all about.
695
00:28:21,885 --> 00:28:23,945
BioNorm paid almost $2
million in hush money.
696
00:28:23,945 --> 00:28:25,888
Makes you think
they had something to hide.
697
00:28:25,888 --> 00:28:27,721
If it was the knowledge
of corroded leads
698
00:28:27,721 --> 00:28:29,784
then they were acting
with depraved indifference
699
00:28:29,784 --> 00:28:30,886
to human life,
700
00:28:30,886 --> 00:28:32,555
and that's seven counts
of murder two.
701
00:28:32,555 --> 00:28:33,757
Tough to prove.
702
00:28:33,757 --> 00:28:35,357
It's gonna take a smoking gun.
703
00:28:35,357 --> 00:28:36,925
Let's find one.
704
00:28:39,706 --> 00:28:41,264
O.P.P.
Other people's parts.
705
00:28:41,264 --> 00:28:43,036
We don't really
manufacture anything.
706
00:28:43,036 --> 00:28:46,010
We assemble, we package,
we market the hell out of it.
707
00:28:46,010 --> 00:28:47,340
Where do you get the leads?
708
00:28:47,340 --> 00:28:48,904
Singapore, Thailand, Hong Kong,
709
00:28:48,904 --> 00:28:50,540
whoever's
the flavor of the month.
710
00:28:50,540 --> 00:28:51,948
Four years ago?
711
00:28:51,948 --> 00:28:53,781
I had eggs over easy
with sausage.
712
00:28:53,781 --> 00:28:56,981
Anything before that,
I'd have to consult my diary.
713
00:28:56,981 --> 00:28:58,958
I assume the company keeps one?
714
00:28:58,958 --> 00:29:01,017
You'd have to talk to
the purchasing agent.
715
00:29:01,017 --> 00:29:03,120
Four years ago,
that'd be Mrs. Cleary.
716
00:29:04,265 --> 00:29:05,596
The chairmars wife?
717
00:29:05,596 --> 00:29:07,497
Time was this
was a mum-and-pop.
718
00:29:07,497 --> 00:29:09,160
You requested a new
typewriter ribbon,
719
00:29:09,160 --> 00:29:10,499
you got it the same century.
720
00:29:15,543 --> 00:29:16,771
Yeah, Mum was
721
00:29:16,771 --> 00:29:18,709
the VP in charge of
purchasing back then.
722
00:29:18,709 --> 00:29:20,644
That was the good old days,
she calls it.
723
00:29:20,644 --> 00:29:22,911
I guess the, uh, view
on the way up the mountain
724
00:29:22,911 --> 00:29:24,885
is a lot better than
the view from the top.
725
00:29:24,885 --> 00:29:26,250
When did she leave the job?
726
00:29:26,250 --> 00:29:27,583
A couple or three years ago.
727
00:29:27,583 --> 00:29:28,623
Dad thought that
728
00:29:28,623 --> 00:29:30,590
she ought to enjoy
the fruits of his labor.
729
00:29:30,590 --> 00:29:32,957
My guess is that he thought
she was out of her league
730
00:29:32,957 --> 00:29:35,053
as soon as we got heavy
into medical technology.
731
00:29:35,053 --> 00:29:36,859
You didn't always
make pacemakers?
732
00:29:37,165 --> 00:29:39,326
We used to be called
the Ebbets Company.
733
00:29:39,326 --> 00:29:41,699
Grandpa was a Dodger fan.
734
00:29:41,699 --> 00:29:43,304
Your dad inerited the company?
735
00:29:43,304 --> 00:29:44,771
No, my mum.
736
00:29:44,771 --> 00:29:47,035
See, her dad
started the company
737
00:29:47,035 --> 00:29:49,203
when he was still
at Erasmus Hall.
738
00:29:50,179 --> 00:29:52,909
He, uh, fixed radios
in his bedroom.
739
00:29:53,182 --> 00:29:55,742
Then he graduated,
got into manufacturing.
740
00:29:55,742 --> 00:29:57,376
About the most
sophisticated product
741
00:29:57,376 --> 00:29:59,853
was, uh, an alarm
with a snooze button.
742
00:29:59,853 --> 00:30:01,787
A far cry from pacemakers.
743
00:30:01,787 --> 00:30:03,448
No, no, see, that was all Dad.
744
00:30:03,448 --> 00:30:05,652
See, uh, he married Mum,
moved the company
745
00:30:05,652 --> 00:30:07,161
across the river,
changed the name.
746
00:30:07,161 --> 00:30:09,858
Boom! We're grossing
$40 million a year.
747
00:30:09,858 --> 00:30:11,958
Not bad for
a hash-slinger's son
748
00:30:11,958 --> 00:30:14,095
with an MBA from City College.
749
00:30:15,806 --> 00:30:17,398
Uh, no, see, uh,
750
00:30:17,398 --> 00:30:19,806
back then we werert
buying wholesale.
751
00:30:20,244 --> 00:30:22,576
I can't tell you who
manufactured the leads.
752
00:30:22,576 --> 00:30:24,079
We bought them from an importer
753
00:30:24,079 --> 00:30:25,706
called Asian Pacific Trading.
754
00:30:28,285 --> 00:30:30,480
You're on the wrong track,
Mr. Robinette.
755
00:30:30,480 --> 00:30:32,350
I was a techie on
the assembly line.
756
00:30:32,350 --> 00:30:34,357
I checked
all those leads myself.
757
00:30:34,625 --> 00:30:37,151
I assure you,
everything was fine.
758
00:30:39,331 --> 00:30:41,094
Asian Pacific Trading.
759
00:30:41,094 --> 00:30:43,259
A DBA for a guy named Ziesel.
760
00:30:43,259 --> 00:30:44,461
You check him out?
761
00:30:44,461 --> 00:30:46,161
Gone with the wind
three years ago.
762
00:30:46,161 --> 00:30:47,738
No wonder
Steven Cleary was happy
763
00:30:47,738 --> 00:30:48,898
to give you his name.
764
00:30:48,898 --> 00:30:50,998
We'll never know
who manufactured the leads.
765
00:30:50,998 --> 00:30:52,839
Unless some other
pacemaker company
766
00:30:52,839 --> 00:30:55,209
purchased leads from
Asian Pacific Trading.
767
00:30:59,284 --> 00:31:00,718
We may not be the biggest,
768
00:31:00,718 --> 00:31:02,253
but there isn't
one medical journal
769
00:31:02,253 --> 00:31:04,653
that doesn't rate
our pacemakers the best.
770
00:31:07,259 --> 00:31:09,090
Do you manufacture
your own parts?
771
00:31:09,090 --> 00:31:10,560
Well, everything essential.
772
00:31:10,560 --> 00:31:12,563
The, uh, supporting cast
we contract out.
773
00:31:12,563 --> 00:31:13,655
Like leads.
774
00:31:13,655 --> 00:31:15,757
Yeah, we're high tech.
Why waste time and money
775
00:31:15,757 --> 00:31:17,632
making little wires, you know?
776
00:31:17,632 --> 00:31:20,297
This week we're buying
from Boyette in Akron.
777
00:31:20,297 --> 00:31:22,432
Four years ago,
you ever do business
778
00:31:22,432 --> 00:31:23,702
with an Asian Pacific Trading?
779
00:31:24,878 --> 00:31:27,278
A crook named Ziesel.
Took me for $50,000.
780
00:31:27,278 --> 00:31:29,508
New kid on the block.
Prices you could die for.
781
00:31:29,508 --> 00:31:32,211
Imported, uh, leads
made in Singapore.
782
00:31:32,211 --> 00:31:34,515
You know what company
manufactured those leads?
783
00:31:34,515 --> 00:31:37,522
CJL Electronics.
Usually a good company.
784
00:31:37,522 --> 00:31:39,023
What I figure happened was, uh,
785
00:31:39,023 --> 00:31:41,526
a shipload of
duds landed stateside
786
00:31:41,526 --> 00:31:44,325
and they pawned them off on
Asian Pacific for very little.
787
00:31:44,325 --> 00:31:46,992
Then Ziesel dumped them on me.
788
00:31:46,992 --> 00:31:49,059
Let me guess.
They were corroded.
789
00:31:49,059 --> 00:31:50,797
Yeah,
the shrink-wrapping stank.
790
00:31:50,797 --> 00:31:52,100
Sea air will do it every time.
791
00:31:52,100 --> 00:31:53,504
Most of them were useless.
792
00:31:53,504 --> 00:31:55,508
Did you use
the ones that werert?
793
00:31:55,508 --> 00:31:57,441
Be like playing
Russian roulette
794
00:31:57,441 --> 00:31:59,070
with people's lives.
I tossed them.
795
00:31:59,070 --> 00:32:00,478
We tried to sue Asian Pacific,
796
00:32:00,478 --> 00:32:01,981
but they were
nowhere to be found.
797
00:32:01,981 --> 00:32:03,175
And everyone in the business
798
00:32:03,175 --> 00:32:04,741
knew these leads
were defective?
799
00:32:04,741 --> 00:32:07,083
Uh, Ziesel told me
it was a one-shot deal.
800
00:32:07,083 --> 00:32:09,281
One package ship
filled with leads,
801
00:32:09,281 --> 00:32:11,450
and I was the only one
won'thy of his generosity.
802
00:32:11,450 --> 00:32:14,155
Lucky me.
The only sucker in town.
803
00:32:15,831 --> 00:32:18,391
Unfortunately, you werert.
804
00:32:19,535 --> 00:32:20,968
You mean someone else
bought them?
805
00:32:20,968 --> 00:32:24,335
Worse.
Someone else used them.
806
00:32:28,710 --> 00:32:30,575
Five companies
bought wire leads
807
00:32:30,575 --> 00:32:32,614
imported by
Asian Pacific Trading.
808
00:32:32,614 --> 00:32:34,308
One boatload, all garbage.
809
00:32:34,308 --> 00:32:35,680
It was a scam.
Each manufacturer
810
00:32:35,680 --> 00:32:38,084
thought that he was
the only one getting the deal.
811
00:32:38,084 --> 00:32:39,143
Uh-huh.
812
00:32:39,355 --> 00:32:41,880
But BioNorm is the only company
813
00:32:41,880 --> 00:32:43,721
that actually used
814
00:32:43,721 --> 00:32:45,624
the corroded wires.
815
00:32:45,829 --> 00:32:47,353
Depraved indifference.
816
00:32:47,353 --> 00:32:48,897
Shut the bastards down.
817
00:32:48,897 --> 00:32:50,330
It's not that easy.
818
00:32:50,330 --> 00:32:52,264
Are you telling me
that Cleary didn't know
819
00:32:52,264 --> 00:32:53,666
what was going on?
820
00:32:53,666 --> 00:32:55,465
Roger Cleary
821
00:32:55,672 --> 00:32:57,833
was all bottom lines
and check books.
822
00:32:57,833 --> 00:33:00,501
He didn't even set foot
on the manufacturing floor.
823
00:33:00,501 --> 00:33:02,306
Mrs. Cleary was the VP,
824
00:33:02,306 --> 00:33:04,677
but she wouldn't know a corroded
lead from a toaster oven.
825
00:33:06,283 --> 00:33:08,251
Somebody had to
authorize their use.
826
00:33:08,251 --> 00:33:10,412
As far as we can tell,
it's Steven, the kid.
827
00:33:10,412 --> 00:33:11,785
He's an electrical engineer.
828
00:33:11,785 --> 00:33:13,289
He admitted
doing the inspection.
829
00:33:13,289 --> 00:33:15,621
Only, at the time,
he was just a technician.
830
00:33:15,621 --> 00:33:17,923
Hardly a high managerial agent.
831
00:33:17,923 --> 00:33:19,292
So, under the statute,
832
00:33:19,292 --> 00:33:20,830
we can't prosecute
the corporation.
833
00:33:20,830 --> 00:33:22,957
Kid takes the blame,
the company's insulated.
834
00:33:22,957 --> 00:33:24,432
Yeah, if I had
a cover like that,
835
00:33:24,432 --> 00:33:26,095
I'd never catch cold.
836
00:33:26,095 --> 00:33:28,935
So, Steven Cleary
did cause BioNorm
837
00:33:28,935 --> 00:33:30,371
to act recklessly.
838
00:33:30,371 --> 00:33:31,875
The corporate veil.
839
00:33:31,875 --> 00:33:34,036
It protects them
from civil liability.
840
00:33:34,036 --> 00:33:37,343
But that doesn't stretch
to our side of the street.
841
00:33:37,343 --> 00:33:39,440
So let's indict him
for murder two.
842
00:33:39,440 --> 00:33:41,145
Do you think that Steven Cleary
843
00:33:41,145 --> 00:33:42,550
acted on his own?
844
00:33:42,854 --> 00:33:44,788
Well, I'm gonna
shake the family tree,
845
00:33:44,788 --> 00:33:46,255
see what falls out.
846
00:33:46,255 --> 00:33:49,225
"Docket Number 581739.
847
00:33:49,225 --> 00:33:52,991
"People of the State of New
York v. Steven R. Cleary.
848
00:33:53,299 --> 00:33:55,790
Charge is murder in
the second degree."
849
00:33:55,790 --> 00:33:57,563
Do we have a plea, gentlemen?
850
00:33:57,563 --> 00:33:59,831
Motion to dismiss
the charges, Your Honor.
851
00:33:59,831 --> 00:34:01,271
A little out of
our neighborhood,
852
00:34:01,271 --> 00:34:02,466
aren't we, Mr. Berkley?
853
00:34:02,466 --> 00:34:04,305
Well, BioNorm has
been a corporate client
854
00:34:04,305 --> 00:34:05,366
for the last decade.
855
00:34:05,366 --> 00:34:06,809
We intend to institute
856
00:34:06,809 --> 00:34:08,608
malicious prosecution charges.
857
00:34:08,608 --> 00:34:09,978
Well, I'm happy for you.
858
00:34:09,978 --> 00:34:12,142
But read the sign
on the door, sir.
859
00:34:12,142 --> 00:34:14,379
This is the criminal part.
860
00:34:14,655 --> 00:34:16,919
Only two choices on our menu.
861
00:34:16,919 --> 00:34:18,252
Not guilty.
862
00:34:18,252 --> 00:34:20,485
Application, Mr. Robinette?
863
00:34:20,485 --> 00:34:23,155
Bail in the amount
of $250,000, Your Honor.
864
00:34:23,155 --> 00:34:24,561
So be it.
865
00:34:24,561 --> 00:34:26,155
This isn't even
your party, Ben.
866
00:34:26,155 --> 00:34:27,598
This is a corporate matter.
867
00:34:27,598 --> 00:34:28,896
We should be in civil court.
868
00:34:28,896 --> 00:34:30,993
When seven people
end up dead, Richard,
869
00:34:30,993 --> 00:34:32,470
I send out
engraved invitations.
870
00:34:32,470 --> 00:34:34,700
Ah. He was working on
the assembly line,
871
00:34:34,700 --> 00:34:35,799
for crying out loud.
872
00:34:35,799 --> 00:34:37,673
There's no way
he's criminally liable.
873
00:34:37,673 --> 00:34:39,269
He is if he
caused a corporation
874
00:34:39,269 --> 00:34:40,779
to perform a criminal act.
875
00:34:40,779 --> 00:34:43,339
Penal code, section 2025.
876
00:34:46,054 --> 00:34:48,318
Look, the kid was
six months out of MIT.
877
00:34:48,318 --> 00:34:50,550
Now, do you actually think
878
00:34:50,550 --> 00:34:52,149
that he had
the authority to cause
879
00:34:52,149 --> 00:34:53,784
the corporation to do anything?
880
00:34:53,784 --> 00:34:55,759
He okayed the use
of defective wires.
881
00:34:55,759 --> 00:34:57,593
Seven people died.
882
00:34:57,593 --> 00:34:59,257
All right, reality, fellows.
883
00:34:59,257 --> 00:35:01,234
There is no way
that you are gonna get
884
00:35:01,234 --> 00:35:03,271
the evidence of
the first six cases admitted.
885
00:35:03,271 --> 00:35:04,737
And the jury
will see the seventh
886
00:35:04,737 --> 00:35:05,967
as simple negligence.
Period.
887
00:35:05,967 --> 00:35:07,531
What you call
simple negligence,
888
00:35:07,531 --> 00:35:10,408
the jury may call depraved
indifference to human life
889
00:35:10,408 --> 00:35:14,313
and the penal code calls that
murder in the second degree.
890
00:35:19,355 --> 00:35:21,118
The sole reason for
the malfunction
891
00:35:21,118 --> 00:35:22,919
was that the device
had corroded leads.
892
00:35:22,919 --> 00:35:24,983
The electrical impulse
generated by the battery
893
00:35:24,983 --> 00:35:26,459
never reached the boy's heart.
894
00:35:26,459 --> 00:35:27,621
And in your expert opinion,
895
00:35:27,621 --> 00:35:29,255
what was the cause
of the corrosion?
896
00:35:29,255 --> 00:35:31,664
Most probably it was
exposure during shipping.
897
00:35:31,664 --> 00:35:33,100
Thank you.
898
00:35:35,305 --> 00:35:36,329
Now, tell me,
Ms. Kenny,
899
00:35:36,329 --> 00:35:38,033
in your role as FDA inspector,
900
00:35:38,033 --> 00:35:40,508
did you approve
BioNorm's pacemaker?
901
00:35:40,810 --> 00:35:42,801
I inspected the design proposal
902
00:35:42,801 --> 00:35:44,938
and the prototype.
Both were first-rate.
903
00:35:45,148 --> 00:35:47,139
First-rate.
Did you ever follow up?
904
00:35:47,139 --> 00:35:49,548
Did you make random checks,
for example?
905
00:35:49,953 --> 00:35:51,148
That's not feasible.
906
00:35:51,148 --> 00:35:52,517
No, it's not feasible,
907
00:35:52,517 --> 00:35:54,524
but it would be prudent,
wouldn't it?
908
00:35:54,959 --> 00:35:56,620
In a perfect world, but...
909
00:35:56,620 --> 00:35:58,958
Yes, but this isn't a perfect
world, is it, Ms. Kenny?
910
00:35:58,958 --> 00:36:01,863
People make mistakes.
People make mistakes.
911
00:36:01,863 --> 00:36:04,366
Even some kid
working on an assembly line
912
00:36:04,366 --> 00:36:06,232
in a pacemaker factory.
913
00:36:06,232 --> 00:36:07,770
Objection.
914
00:36:08,105 --> 00:36:10,699
Keep the meditations
to a minimum, Counselor.
915
00:36:10,699 --> 00:36:11,865
Sustained.
916
00:36:11,865 --> 00:36:13,671
No more questions.
917
00:36:13,944 --> 00:36:16,004
We've been
in the pacemaker business
918
00:36:16,004 --> 00:36:17,571
for over 20 years.
919
00:36:17,571 --> 00:36:20,117
This Asian Pacific Trading
comes along
920
00:36:20,117 --> 00:36:21,709
and offers to
sell us wire leads
921
00:36:21,709 --> 00:36:24,779
at a quarter of the price
of our usual supplier.
922
00:36:24,779 --> 00:36:26,153
Well, what can I say?
923
00:36:26,153 --> 00:36:27,622
Of course, I bought them.
924
00:36:27,622 --> 00:36:28,717
Uh, did you use
925
00:36:28,717 --> 00:36:30,386
these wire leads
in your pacemakers?
926
00:36:30,386 --> 00:36:32,225
No way.
They come off the boat,
927
00:36:32,225 --> 00:36:34,798
I can see myself that
half of them are corroded.
928
00:36:34,798 --> 00:36:36,800
And I haven't been
20l20 for 20 years.
929
00:36:36,800 --> 00:36:38,631
But did you use the other half?
930
00:36:38,631 --> 00:36:40,172
Absolutely not.
931
00:36:40,172 --> 00:36:43,140
The components were garbage,
and that's where they went.
932
00:36:43,140 --> 00:36:45,143
Wasrt that expensive?
933
00:36:45,411 --> 00:36:47,436
Well, we're in
the medical business.
934
00:36:47,436 --> 00:36:49,639
Market share's not won'th
killing people.
935
00:36:49,639 --> 00:36:51,115
How does your market share
936
00:36:51,115 --> 00:36:52,708
compare to that of BioNorm's?
937
00:36:54,253 --> 00:36:56,744
Theirs is growing.
Ours isn't.
938
00:36:57,023 --> 00:36:58,581
Would you explain that?
939
00:36:58,581 --> 00:37:00,556
You buy cheap, you sell cheap.
940
00:37:00,556 --> 00:37:03,026
They've been undercutting
our prices for years.
941
00:37:03,026 --> 00:37:04,462
Thank you.
942
00:37:07,101 --> 00:37:08,261
I suppose you read
943
00:37:08,261 --> 00:37:09,700
the medical journals,
Mr. Miller?
944
00:37:09,700 --> 00:37:10,862
Yes.
945
00:37:10,862 --> 00:37:13,065
Now, have you ever read
an article questioning
946
00:37:13,065 --> 00:37:15,472
the quality of
BioNorm's products?
947
00:37:15,809 --> 00:37:16,935
No.
948
00:37:16,935 --> 00:37:19,638
No. Do you have any
first-hand knowledge
949
00:37:19,638 --> 00:37:22,910
of any of BioNorm's
instruments malfunctioning?
950
00:37:23,951 --> 00:37:25,782
Other than this one, no.
951
00:37:25,782 --> 00:37:27,786
No. So perhaps, sir,
952
00:37:27,786 --> 00:37:29,550
BioNorm has
a better market share
953
00:37:29,550 --> 00:37:32,923
because BioNorm builds
a better mousetrap.
954
00:37:36,765 --> 00:37:39,757
I was purchasing agent
for BioNorm Industries
955
00:37:39,757 --> 00:37:42,234
until the summer of 1988.
956
00:37:42,234 --> 00:37:44,396
Then you were
responsible for purchasing
957
00:37:44,396 --> 00:37:46,269
wire leads for BioNorm
958
00:37:46,269 --> 00:37:47,968
from the Asian
Pacific Trading Company,
959
00:37:47,968 --> 00:37:49,100
is that correct?
960
00:37:49,100 --> 00:37:51,407
It's been a long time.
961
00:37:52,782 --> 00:37:55,182
Do you recognize this document?
962
00:37:57,953 --> 00:38:01,514
Lt-it's a purchase order
for 500 gross of wire leads
963
00:38:01,514 --> 00:38:03,751
from Asian Pacific Trading.
964
00:38:03,751 --> 00:38:05,191
Is that your signature?
965
00:38:05,961 --> 00:38:07,223
Yes.
966
00:38:07,223 --> 00:38:08,593
I move to have this
967
00:38:08,593 --> 00:38:10,461
admitted into evidence,
Your Honor.
968
00:38:10,461 --> 00:38:12,160
Call it
"People's 17."
969
00:38:12,160 --> 00:38:14,862
Mrs. Cleary, did you
inspect the wire leads
970
00:38:14,862 --> 00:38:17,270
that BioNorm purchased from
Asian Pacific Trading Company?
971
00:38:17,270 --> 00:38:20,571
Only to determine
if the quantity was correct.
972
00:38:20,571 --> 00:38:22,771
Anything more, I wouldn't know.
973
00:38:22,771 --> 00:38:24,313
Thank you.
974
00:38:25,015 --> 00:38:27,506
Our products are
the best on the market.
975
00:38:27,506 --> 00:38:29,551
The settlement offer
was a business decision,
976
00:38:29,551 --> 00:38:30,745
pure and simple.
977
00:38:30,745 --> 00:38:33,722
It's more cost-effective to
nip a nuisance suit in the bud.
978
00:38:33,722 --> 00:38:34,950
A nuisance?
979
00:38:34,950 --> 00:38:36,117
A boy died
980
00:38:36,117 --> 00:38:38,889
because your company
used defective components,
981
00:38:38,889 --> 00:38:40,395
and you call it a nuisance?
982
00:38:40,395 --> 00:38:42,022
I didn't know
anything about that.
983
00:38:42,022 --> 00:38:44,363
Did you personally
inspect the leads, sir?
984
00:38:44,363 --> 00:38:46,333
Well, it's not
my area of expertise.
985
00:38:46,333 --> 00:38:47,768
You hired someone to do it?
986
00:38:47,768 --> 00:38:48,897
That's right.
987
00:38:48,897 --> 00:38:50,804
Whom did you hire
to inspect the leads
988
00:38:50,804 --> 00:38:52,968
purchased from
Asian Pacific Trading Company?
989
00:38:52,968 --> 00:38:54,568
No, sir.
990
00:38:54,568 --> 00:38:57,648
No way you get me to help you
convict my own son.
991
00:38:57,648 --> 00:38:59,580
Excuse me, sir,
I think you just did.
992
00:38:59,580 --> 00:39:01,083
Objection.
993
00:39:05,057 --> 00:39:07,582
I inspected the leads
very carefully
994
00:39:07,582 --> 00:39:09,923
in order to weed out
the bad ones.
995
00:39:09,923 --> 00:39:11,986
And you feel you have
sufficient expertise
996
00:39:11,986 --> 00:39:14,032
to distinguish
good leads from bad?
997
00:39:14,032 --> 00:39:16,067
I'm an electrical engineer.
998
00:39:16,067 --> 00:39:17,965
I've been dealing
with wires my whole life.
999
00:39:17,965 --> 00:39:19,697
Your degree in
electrical engineering
1000
00:39:19,697 --> 00:39:21,534
is from MIT, isn't that right?
1001
00:39:21,534 --> 00:39:23,302
My parents started contributing
1002
00:39:23,302 --> 00:39:25,036
to the alumni fund
the day I was born.
1003
00:39:25,036 --> 00:39:28,375
And even with this expertise
and a very careful inspection,
1004
00:39:28,375 --> 00:39:31,042
a single bad wire got through.
1005
00:39:34,787 --> 00:39:37,187
Yeah, I'm... I'm sorry. I...
1006
00:39:38,358 --> 00:39:40,383
I, you know, I did my best.
1007
00:39:40,894 --> 00:39:42,919
L... I did everything that...
1008
00:39:44,430 --> 00:39:46,955
I have no idea
how this happened.
1009
00:39:51,237 --> 00:39:53,262
A single bad wire,
Mr. Cleary?
1010
00:39:53,262 --> 00:39:54,432
What about the six other...
1011
00:39:54,432 --> 00:39:55,805
Objection!
1012
00:39:55,805 --> 00:39:58,208
Your Honor, may we approach?
1013
00:40:01,649 --> 00:40:03,776
Your Honor, six other
pacemakers
1014
00:40:03,776 --> 00:40:05,751
manufactured
at the same time all failed.
1015
00:40:05,751 --> 00:40:07,081
You have no proof of that.
1016
00:40:07,081 --> 00:40:08,746
They settled those cases
1017
00:40:08,746 --> 00:40:10,756
before anyone
could find out what happened
1018
00:40:10,756 --> 00:40:11,916
and if the jury knew this...
1019
00:40:11,916 --> 00:40:13,152
They'd be prejudiced.
1020
00:40:13,152 --> 00:40:15,888
Defense objection is sustained.
1021
00:40:19,868 --> 00:40:20,835
Berkley's good.
1022
00:40:20,835 --> 00:40:22,733
Good enough
to convince the jury
1023
00:40:22,733 --> 00:40:24,066
it was an isolated mistake.
1024
00:40:24,066 --> 00:40:26,835
Steven Cleary looks negligent,
not criminal.
1025
00:40:26,835 --> 00:40:28,910
What Steven Cleary did
was criminal.
1026
00:40:28,910 --> 00:40:30,740
Why he did it...
1027
00:40:31,079 --> 00:40:33,070
He can go to hell and back
for his father,
1028
00:40:33,070 --> 00:40:35,173
but I'm not so sure
the reverse is true.
1029
00:40:35,173 --> 00:40:38,478
Unfortunately, Roger Cleary
is not on trial.
1030
00:40:38,478 --> 00:40:39,917
Maybe it's not so unfortunate.
1031
00:40:39,917 --> 00:40:42,081
Steven said his parents
started contributing
1032
00:40:42,081 --> 00:40:44,251
to the MIT alumni fund
the day he was born.
1033
00:40:44,251 --> 00:40:47,191
But he also said his father
went to City College at night.
1034
00:40:47,191 --> 00:40:48,729
Like mother, like son, huh?
1035
00:40:48,729 --> 00:40:49,924
Exactly.
1036
00:40:49,924 --> 00:40:52,126
Get Steven Cleary in here.
1037
00:40:52,835 --> 00:40:54,530
Well, so what
if she did go to MIT?
1038
00:40:54,530 --> 00:40:56,264
It has nothing to do
with your case.
1039
00:40:56,264 --> 00:40:57,863
You mean "cases."
1040
00:40:57,863 --> 00:41:00,772
Mrs. Cleary has a B.S.
In electrical engineering.
1041
00:41:00,772 --> 00:41:04,040
It certainly qualifies her
to inspect wire leads.
1042
00:41:04,040 --> 00:41:05,636
She's a Vice President
1043
00:41:05,636 --> 00:41:07,809
capable of authorizing
their use.
1044
00:41:07,809 --> 00:41:09,283
We're going after
the corporation
1045
00:41:09,283 --> 00:41:10,650
and your mother.
1046
00:41:10,650 --> 00:41:13,053
Well, if you're so confident,
why are we here?
1047
00:41:13,053 --> 00:41:15,784
Steven, we know your mother
put you up to this.
1048
00:41:15,784 --> 00:41:19,454
If you testify against her,
we can work something out.
1049
00:41:19,730 --> 00:41:21,197
Steven, let's go.
1050
00:41:23,233 --> 00:41:25,030
I'll have your mother arrested
1051
00:41:25,030 --> 00:41:27,161
when she arrives
at the courthouse.
1052
00:41:29,706 --> 00:41:31,004
People have died, Steven.
1053
00:41:31,004 --> 00:41:32,702
I know you didn't
look them in the eye
1054
00:41:32,702 --> 00:41:34,802
when you killed them,
but they're just as dead.
1055
00:41:34,802 --> 00:41:35,811
Ben.
1056
00:41:35,811 --> 00:41:37,370
Why are you taking
the fall for her?
1057
00:41:37,370 --> 00:41:38,472
Look, my mother...
1058
00:41:38,472 --> 00:41:39,914
Steven, come on.
1059
00:41:46,057 --> 00:41:47,149
Okay.
1060
00:41:48,092 --> 00:41:50,026
You'll testify against her?
1061
00:41:50,026 --> 00:41:52,961
No, I want a deal
for me and my mother.
1062
00:41:53,631 --> 00:41:56,066
I'll testify against my father.
1063
00:42:13,052 --> 00:42:15,577
We spent days sorting out
all the bad ones.
1064
00:42:15,577 --> 00:42:17,485
You and your mother?
1065
00:42:18,490 --> 00:42:20,755
We thought we got them all.
1066
00:42:22,595 --> 00:42:24,961
After the first person died,
1067
00:42:25,899 --> 00:42:27,867
we ran conductivity tests
1068
00:42:27,867 --> 00:42:29,959
on all the pacemakers
remaining in stock.
1069
00:42:31,171 --> 00:42:33,264
A lot of the wire leads
1070
00:42:33,264 --> 00:42:35,637
that we thought
were good, werert.
1071
00:42:39,279 --> 00:42:42,680
We... we begged my father
to recall all the pacemakers
1072
00:42:42,680 --> 00:42:44,877
that used Asian Pacific leads.
1073
00:42:45,453 --> 00:42:47,080
And he refused?
1074
00:42:49,623 --> 00:42:52,183
He was too busy
building an empire.
1075
00:42:53,961 --> 00:42:55,292
You know, my father promised me
1076
00:42:55,292 --> 00:42:56,954
that all this would go away.
1077
00:42:57,631 --> 00:43:00,031
That I'd have the best lawyers.
1078
00:43:01,168 --> 00:43:03,796
He told me
I owed it to the family.
1079
00:43:05,673 --> 00:43:07,197
So, people are walking around
1080
00:43:07,197 --> 00:43:08,936
with time bombs
in their chests.
1081
00:43:08,936 --> 00:43:10,739
And at least seven exploded.
1082
00:43:10,739 --> 00:43:12,143
You cut a deal?
1083
00:43:12,143 --> 00:43:13,340
Man one.
He does the minimum.
1084
00:43:13,340 --> 00:43:14,347
Man one...
1085
00:43:14,347 --> 00:43:15,383
Adam.
1086
00:43:15,383 --> 00:43:17,543
It's the only way he'll talk.
He turns on the mother,
1087
00:43:17,543 --> 00:43:18,984
the mother turns on the father.
1088
00:43:18,984 --> 00:43:21,488
His testimony alone is useless.
1089
00:43:22,991 --> 00:43:25,186
She denies it, we all go home.
1090
00:43:25,186 --> 00:43:27,194
She'll let him
take the rap alone?
1091
00:43:28,463 --> 00:43:30,158
Today is different
from yesterday.
1092
00:43:30,158 --> 00:43:31,790
He said she had knowledge.
1093
00:43:31,790 --> 00:43:35,360
Just because the boy says
she had technical knowledge,
1094
00:43:35,360 --> 00:43:38,531
doesn't mean that she knew
what the hell was going on.
1095
00:43:38,531 --> 00:43:41,075
The lawyer tells the jury,
1096
00:43:41,075 --> 00:43:43,974
the kid is a rat in a trap
looking for a scapegoat.
1097
00:43:43,974 --> 00:43:45,673
Steven Cleary is on the edge.
1098
00:43:45,673 --> 00:43:47,147
We push him a little harder.
1099
00:43:47,147 --> 00:43:49,081
Only he's already got a deal.
1100
00:43:49,081 --> 00:43:50,881
For the death of
Roberto Martinez.
1101
00:43:50,881 --> 00:43:52,818
We still got
six other deaths to deal with.
1102
00:43:52,818 --> 00:43:56,690
Let's get the boy and his
mother in here tomorrow morning.
1103
00:43:57,995 --> 00:43:59,257
This is crap.
1104
00:43:59,596 --> 00:44:02,121
You werert invited, sir,
and unless you're a lawyer,
1105
00:44:02,121 --> 00:44:03,689
I'd appreciate it
if you keep quiet.
1106
00:44:03,689 --> 00:44:06,031
This is my family, my business.
1107
00:44:06,031 --> 00:44:07,434
If you had any proof,
1108
00:44:07,434 --> 00:44:08,937
you would have
charged them before.
1109
00:44:08,937 --> 00:44:10,997
Before, we didn't
have Stevers testimony
1110
00:44:10,997 --> 00:44:13,065
as to the cause of
the other deaths.
1111
00:44:13,065 --> 00:44:15,008
Five counts of murder two.
1112
00:44:15,008 --> 00:44:17,010
Minimum on each, 25 years.
1113
00:44:17,010 --> 00:44:18,342
Oh, my God!
1114
00:44:18,342 --> 00:44:19,439
He's bluffing.
1115
00:44:19,439 --> 00:44:21,542
He's trying to drive
a wedge between us.
1116
00:44:21,542 --> 00:44:24,417
Mrs. Cleary,
I can and I will prosecute
1117
00:44:24,417 --> 00:44:26,923
your son to
the fullest extent of the law.
1118
00:44:28,626 --> 00:44:31,595
I'm offering you a chance
to salvage your sors life.
1119
00:44:31,595 --> 00:44:33,095
We can beat this, Annette.
1120
00:44:33,095 --> 00:44:34,529
Don't let him destroy us.
1121
00:44:34,529 --> 00:44:37,295
You did that yourself,
Roger, four years ago.
1122
00:44:37,295 --> 00:44:39,529
If you confirm
Stevers testimony,
1123
00:44:39,529 --> 00:44:41,162
I can offer you both a deal.
1124
00:44:41,162 --> 00:44:43,503
God, Annette,
think of what this means.
1125
00:44:43,503 --> 00:44:45,339
My business,
everything I've worked for.
1126
00:44:45,339 --> 00:44:48,471
Your business?
You were nothing.
1127
00:44:48,781 --> 00:44:49,839
My father...
1128
00:44:49,839 --> 00:44:50,973
Your father fixed toasters.
1129
00:44:50,973 --> 00:44:52,039
He worked for me.
1130
00:44:52,039 --> 00:44:55,553
That's right, Dad.
He worked for you.
1131
00:44:56,322 --> 00:44:58,256
We all worked for you.
1132
00:44:59,658 --> 00:45:01,455
And here we are.
1133
00:45:01,455 --> 00:45:04,085
Just look
what you've done for us.
1134
00:45:10,604 --> 00:45:12,094
Mrs. Cleary?
1135
00:45:24,251 --> 00:45:26,344
What do I need to do?
1136
00:45:30,790 --> 00:45:31,814
You.
1137
00:45:32,859 --> 00:45:35,454
You couldn't keep
your mouth shut.
1138
00:45:35,454 --> 00:45:37,393
Two years in jail,
1139
00:45:37,932 --> 00:45:40,162
you could have
walked out a wealthy man.
1140
00:45:41,902 --> 00:45:44,393
All right, Mr. Stone,
I'm a businessman.
1141
00:45:44,393 --> 00:45:46,496
I've made deals before.
1142
00:45:47,275 --> 00:45:49,300
What are you offering?
1143
00:45:49,877 --> 00:45:51,708
I'm not a businessman,
Mr. Cleary.
1144
00:45:51,708 --> 00:45:53,679
I'm offering you nothing.
1145
00:45:56,083 --> 00:45:58,018
If he's smart, he pleads guilty
1146
00:45:58,018 --> 00:45:59,986
and begs the court
for mercy in sentencing.
1147
00:45:59,986 --> 00:46:02,853
Six counts of murder two?
Even with a lenient judge
1148
00:46:02,853 --> 00:46:06,087
he dies of old age and still
owes the state 50 years.
1149
00:46:06,087 --> 00:46:07,286
What amazes me is that
1150
00:46:07,286 --> 00:46:09,887
he almost convinced his son
to do 25-to-life.
1151
00:46:09,887 --> 00:46:11,455
Must have given him
quite a lecture
1152
00:46:11,455 --> 00:46:12,795
on family values.
83699
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