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These are the user uploaded subtitles that are being translated: 1 00:00:02,319 --> 00:00:04,219 In the criminal justice system, 2 00:00:04,219 --> 00:00:08,054 the people are represented by two separate yet equally important groups: 3 00:00:08,054 --> 00:00:09,956 The police who investigate crime, 4 00:00:09,956 --> 00:00:12,790 and the district attorneys who prosecute the offenders. 5 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. 9 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? 12 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? 14 00:01:07,647 --> 00:01:09,780 Hey, he's better than the last guy they had, huh? 15 00:01:09,780 --> 00:01:11,654 Least he could do is break a leg. 16 00:01:11,654 --> 00:01:13,659 He can't hurt the team from the DL. 17 00:01:14,628 --> 00:01:16,892 Cindy Jo started the flute last year. 18 00:01:16,892 --> 00:01:19,328 Mrs. Gelfand says she can be in the band. 19 00:01:19,328 --> 00:01:20,627 They get uniforms. 20 00:01:20,627 --> 00:01:23,795 Learn to sing and we can all retire. 21 00:01:23,795 --> 00:01:25,839 No! My music. 22 00:01:28,409 --> 00:01:29,433 We gotta go back. 23 00:01:30,645 --> 00:01:31,634 Roberto? 24 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. 28 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. 30 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. 32 00:02:03,141 --> 00:02:04,873 His kid sister said he passed out. 33 00:02:04,873 --> 00:02:07,108 My guess, drunk out of his mind or drugged out. 34 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. 37 00:02:12,544 --> 00:02:14,384 What about the Martinez kid? 38 00:02:14,384 --> 00:02:16,516 Not his lucky day. DOA. 39 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. 41 00:02:20,397 --> 00:02:22,228 His sister said he passed out. 42 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. 44 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? 47 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. 51 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. 56 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. 58 00:04:18,950 --> 00:04:21,318 Some quack sticks a do-da in his chest, 59 00:04:21,318 --> 00:04:22,822 the thing misfires, and he's dead. 60 00:04:22,822 --> 00:04:24,119 I'm really very sorry, 61 00:04:24,119 --> 00:04:26,125 but if there was a crime here, Mr. Fischel, 62 00:04:26,125 --> 00:04:27,525 then I don't see it. 63 00:04:27,525 --> 00:04:29,028 Now if what you're saying is true, 64 00:04:29,028 --> 00:04:31,497 then your client can sue the company that made the pacemaker. 65 00:04:31,497 --> 00:04:33,090 Excuse me, but, uh, 66 00:04:33,090 --> 00:04:35,159 what law school did you go to? 67 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. 69 00:04:39,873 --> 00:04:43,309 Mrs. Martinez here wants a little justice. 70 00:04:43,913 --> 00:04:46,143 You mean revenge, don't you? 71 00:04:47,550 --> 00:04:49,814 Why don't you just work with us, okay, Counselor? 72 00:04:51,020 --> 00:04:52,988 Roberto didn't need a pacemaker. 73 00:04:52,988 --> 00:04:55,114 In my book, that's unnecessary surgery. 74 00:04:55,114 --> 00:04:56,886 The thing craps out, and he's dead. 75 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. 77 00:05:00,227 --> 00:05:02,093 Oh, it could have been treated with drugs, 78 00:05:02,093 --> 00:05:03,324 but then the good doctor's fee 79 00:05:03,324 --> 00:05:04,866 would have been cut in half. 80 00:05:04,866 --> 00:05:06,527 What is this doctor's name? 81 00:05:06,527 --> 00:05:08,297 Dr. Trevor Hellems. 82 00:05:08,297 --> 00:05:09,702 He's on 87th. 83 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. 87 00:05:19,015 --> 00:05:20,607 Hey, Fischel, 88 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. 97 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 102 00:05:57,015 --> 00:05:58,556 was unnecessary. 103 00:05:58,556 --> 00:05:59,750 I didn't know they taught 104 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. 109 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. 111 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. 114 00:06:20,412 --> 00:06:22,573 Mr. Fischel contends he could have been treated 115 00:06:22,573 --> 00:06:24,014 just as effectively with drugs. 116 00:06:24,014 --> 00:06:26,415 Hmm. Some doctors might agree, 117 00:06:26,415 --> 00:06:28,145 but I'm of the school that believes 118 00:06:28,145 --> 00:06:30,246 you don't needlessly subject young patients 119 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. 123 00:06:41,701 --> 00:06:44,603 BioNorm Industries is at the forefront. 124 00:06:45,606 --> 00:06:47,574 My decision to implant the device 125 00:06:47,574 --> 00:06:49,575 was a sound medical decision, 126 00:06:49,575 --> 00:06:52,077 no matter what Mr. Fischel says. 127 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, 130 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, 141 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, 172 00:08:32,978 --> 00:08:35,849 our pacemaker's one of the top three sellers in the world. 173 00:08:35,849 --> 00:08:37,182 We've never had any problem. 174 00:08:37,182 --> 00:08:39,485 You offered Mrs. Martinez $50,000. 175 00:08:39,485 --> 00:08:40,922 Some might say that's a solution 176 00:08:40,922 --> 00:08:42,391 to a pretty big problem. 177 00:08:42,894 --> 00:08:44,191 $50,000. 178 00:08:44,191 --> 00:08:46,595 That would be in my lawyer's pocket the first week. 179 00:08:46,595 --> 00:08:48,929 There was an itch. I tried to scratch it. 180 00:08:48,929 --> 00:08:51,127 Mr. Cleary, that's more than an itch. 181 00:08:51,127 --> 00:08:52,463 The boy died. 182 00:08:52,463 --> 00:08:53,562 Well, do you want me 183 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, 185 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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