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In the criminal
justice system,
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00:00:03,702 --> 00:00:07,504
the people are represented by two
separate yet equally important groups:
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00:00:07,504 --> 00:00:09,511
The police
who investigate crime,
4
00:00:09,511 --> 00:00:12,377
and the district attorneys
who prosecute the offenders.
5
00:00:12,377 --> 00:00:14,143
These are their stories.
6
00:00:17,220 --> 00:00:18,517
Well, I'm sorry for the wait.
7
00:00:18,517 --> 00:00:19,612
Oh, it's okay.
8
00:00:19,612 --> 00:00:21,919
Uh, did you bring the
menstrual chart we gave you?
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00:00:21,919 --> 00:00:23,652
It's right here.
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00:00:24,060 --> 00:00:27,189
And, uh, your last period,
it ended...
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00:00:27,189 --> 00:00:29,198
Saturday.
12
00:00:29,567 --> 00:00:33,025
Well, pretty sporadic, huh?
Cramps still abnormal?
13
00:00:33,025 --> 00:00:35,901
Yeah, it's... it's never been
like this before.
14
00:00:36,473 --> 00:00:38,168
Well, let's take a look,
shall we?
15
00:00:38,168 --> 00:00:39,766
Will you lie down?
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00:00:57,661 --> 00:00:59,993
Um, come a little closer,
please.
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00:01:02,032 --> 00:01:03,829
Fine, fine, fine, fine, fine.
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00:01:04,301 --> 00:01:05,495
Okay.
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00:01:13,578 --> 00:01:14,943
Eternity?
20
00:01:17,248 --> 00:01:18,272
What?
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00:01:18,483 --> 00:01:19,541
Your perfume.
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00:01:21,386 --> 00:01:22,853
Am I right?
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00:01:23,922 --> 00:01:26,857
Uh-uh. Uh-huh.
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00:01:29,127 --> 00:01:31,118
I've always loved Eternity.
25
00:01:31,118 --> 00:01:33,562
Smells of clean sheets.
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00:01:35,200 --> 00:01:38,692
Relax, relax.
You're tensing.
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00:01:46,211 --> 00:01:48,042
How does that feel?
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00:01:49,180 --> 00:01:50,340
Fine.
29
00:01:54,552 --> 00:01:55,952
Just fine?
30
00:01:57,423 --> 00:01:59,152
What do you mean?
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00:02:00,459 --> 00:02:01,858
It should feel good.
32
00:02:02,261 --> 00:02:03,660
Well, it doesn't.
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00:02:05,831 --> 00:02:07,162
Ah, yes.
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00:02:07,733 --> 00:02:09,633
Please don't do that.
35
00:02:09,835 --> 00:02:10,927
Yes, right there.
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00:02:10,927 --> 00:02:12,698
I said to stop it!
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00:02:15,174 --> 00:02:19,372
We're gonna have to do an endometrial
biopsy as soon as possible.
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00:02:20,346 --> 00:02:21,643
What?
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00:02:21,643 --> 00:02:23,443
It's a diagnostic procedure.
40
00:02:23,443 --> 00:02:26,679
At your age cancer can
become a consideration.
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00:02:27,086 --> 00:02:28,383
Cancer?
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00:02:28,754 --> 00:02:30,085
We can't rule it out.
43
00:02:30,856 --> 00:02:34,121
You can schedule it
with Miriam on your way out.
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00:02:47,240 --> 00:02:51,370
I know the difference between
being examined and being molested.
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00:02:53,313 --> 00:02:55,679
Did you confront him with it?
46
00:02:55,949 --> 00:02:57,849
I mean, was he aware?
47
00:02:58,251 --> 00:03:00,776
He knew exactly
what he was doing.
48
00:03:14,234 --> 00:03:15,929
How do you know?
49
00:03:21,075 --> 00:03:24,909
Afterwards he tried to intimidate
me by bringing up cancer.
50
00:03:26,848 --> 00:03:29,613
We'd never talked
about cancer before.
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00:03:30,686 --> 00:03:32,347
It was a threat.
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00:03:33,756 --> 00:03:35,849
What did he actually do?
53
00:03:37,159 --> 00:03:38,558
What do you mean?
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00:03:38,558 --> 00:03:40,060
Well, he's a doctor.
55
00:03:41,497 --> 00:03:43,226
Isn't he supposed to touch you?
56
00:03:43,899 --> 00:03:45,662
Um, isn't that his job?
57
00:03:48,504 --> 00:03:51,803
I've been seeing
a gynecologist since I was 15.
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00:03:53,308 --> 00:03:55,606
It never made me feel dirty.
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00:05:23,267 --> 00:05:25,030
Did she run this by Sex Crimes?
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00:05:25,030 --> 00:05:27,502
Yeah, I wish to hell
she had gone to the One-Nine.
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00:05:27,502 --> 00:05:28,868
But the fact is she came to us.
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00:05:28,868 --> 00:05:30,167
You can't blame her.
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00:05:30,167 --> 00:05:33,802
Something like this happens,
you go where you have credit.
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00:05:33,802 --> 00:05:34,933
Okay.
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00:05:34,933 --> 00:05:36,910
So, we spend what?
Two, three weeks
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00:05:36,910 --> 00:05:38,573
running this thing
around the block.
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00:05:38,573 --> 00:05:41,277
Maybe we get
some DA to prosecute,
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00:05:41,277 --> 00:05:44,116
maybe he gets lucky
and we convict him.
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00:05:44,116 --> 00:05:46,315
Best-case scenario,
the guy gets six months.
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00:05:46,315 --> 00:05:48,757
Worst case, a $500 fine
and a "Don't do it again."
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00:05:48,757 --> 00:05:51,990
Any way you toss this, it's Sex
Abuse Three. It's a misdemeanor.
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00:05:51,990 --> 00:05:53,928
Yeah, but if you add up
the misdemeanors.
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00:05:53,928 --> 00:05:55,398
That's a big assumption, Phil.
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00:05:55,398 --> 00:05:57,401
How many one-time sex
offenders do we know?
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00:05:57,401 --> 00:05:59,198
I mean, if he's
gonna do this to Liz...
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00:05:59,198 --> 00:06:01,671
Oh, I doubt if he knew that
she's our in-house shrink.
77
00:06:01,671 --> 00:06:04,607
I say, we at least see if
anyone else ever complained.
78
00:06:04,607 --> 00:06:06,143
But by the book, fellows.
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00:06:06,143 --> 00:06:07,906
Just like any other victim.
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00:06:12,951 --> 00:06:15,317
Latest in get-rich-quick
schemes: Sue your doctor.
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00:06:15,317 --> 00:06:17,252
You know how many complaints
we get a year?
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00:06:17,252 --> 00:06:18,346
You don't wanna know.
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00:06:18,346 --> 00:06:19,685
You're wrong.
We do.
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00:06:19,685 --> 00:06:21,419
Merritt, Alex J., MD.
What do you have?
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00:06:21,419 --> 00:06:22,960
Complaints are confidential
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00:06:22,960 --> 00:06:25,428
unless, of course,
disciplinary action was taken.
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00:06:25,428 --> 00:06:26,554
Well?
88
00:06:26,554 --> 00:06:28,189
Well, that's hard to say, too.
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00:06:28,189 --> 00:06:31,031
Disciplinary files are routinely
destroyed after five years.
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00:06:31,031 --> 00:06:33,264
Mr. Hauser,
we are not paid by the hour.
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00:06:33,264 --> 00:06:35,068
Was there any
disciplinary action
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00:06:35,068 --> 00:06:38,474
taken against Dr. Merritt
in the past five years?
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00:06:38,911 --> 00:06:41,243
I've had teeth pulled easier.
94
00:06:47,586 --> 00:06:49,611
Gentlemen, you've hit
the mother lode.
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00:06:49,611 --> 00:06:50,713
You got something?
96
00:06:50,713 --> 00:06:51,779
No. You do.
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00:06:51,779 --> 00:06:54,257
This guy's got more blue
ribbons than Betty Crocker.
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00:06:54,257 --> 00:06:57,785
Member: Ethics Committee,
State Medical Association.
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00:06:58,631 --> 00:07:01,122
Privileges at only the
best hospitals in the city.
100
00:07:01,122 --> 00:07:02,792
Hospitals? Plural?
101
00:07:02,792 --> 00:07:04,392
'90 to present, Mercy Hospital.
102
00:07:04,392 --> 00:07:05,937
'88 to '90, Manattan General.
103
00:07:05,937 --> 00:07:08,838
'83 to '87, St. Luke's,
etcetera, etcetera.
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00:07:08,838 --> 00:07:10,398
This guy can't sit still.
105
00:07:10,398 --> 00:07:12,467
Big shot like that,
hospitals fight over him.
106
00:07:12,467 --> 00:07:15,208
He signs a contract for five
years then he's a free agent.
107
00:07:15,208 --> 00:07:16,544
He's off to the highest bidder.
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00:07:17,684 --> 00:07:18,673
Excuse me.
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00:07:19,753 --> 00:07:21,448
I hope to God these free agents
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00:07:21,448 --> 00:07:23,352
do a better job
than the ones out at Shea.
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00:07:23,352 --> 00:07:26,551
You bat 310, everybody's happy,
you play out your contract.
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00:07:26,551 --> 00:07:29,618
You go down to 220, whoa, everybody's
looking for a trade, right?
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00:07:29,618 --> 00:07:31,789
This guy said Merritt
signed five-year contracts.
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00:07:31,789 --> 00:07:32,854
So his last gig...
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00:07:32,854 --> 00:07:33,957
Manattan General.
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00:07:33,957 --> 00:07:36,332
He was there from '88 to '90.
Three years.
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00:07:36,332 --> 00:07:39,497
Could be our good doctor
was in a major slump.
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00:07:40,407 --> 00:07:42,170
Alex Merritt
is one of the best.
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00:07:42,170 --> 00:07:44,039
So why'd you let him go?
120
00:07:44,244 --> 00:07:47,839
We're aware that doctors of his
caliber usually sign on for five years.
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00:07:47,839 --> 00:07:49,404
Dr. Merritt left
after three.
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00:07:49,404 --> 00:07:50,814
Was an administrative decision.
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00:07:50,814 --> 00:07:52,044
His or yours?
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00:07:52,044 --> 00:07:54,383
Dr. Merritt lives uptown.
We're downtown.
125
00:07:54,383 --> 00:07:56,922
Maybe he, uh,
was unappy about the commute.
126
00:07:56,922 --> 00:07:58,389
What about his patients?
127
00:07:58,389 --> 00:07:59,823
Were they happy
when he got here?
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00:07:59,823 --> 00:08:01,657
Dr. Merritt has
a fine practice.
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00:08:01,657 --> 00:08:03,424
Whatever you're thinking,
you're wrong.
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00:08:03,424 --> 00:08:04,897
I tell you
what I'm thinking, Doc.
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00:08:04,897 --> 00:08:07,127
I think your esteemed
colleague screwed up.
132
00:08:07,127 --> 00:08:10,193
Now you cover his rectum
and he covers yours.
133
00:08:10,193 --> 00:08:12,296
We could subpoena your
records, Dr. Reitman.
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00:08:12,296 --> 00:08:14,364
Don't bother.
You want his file?
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00:08:14,364 --> 00:08:16,467
Take it.
There's nothing in it.
136
00:08:17,378 --> 00:08:19,369
At the academy
we had the honor code.
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00:08:19,369 --> 00:08:22,109
If you knew somebody was
cheating, you had to turn him in
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00:08:22,109 --> 00:08:24,174
or it was your butt that
got burned. These guys put in
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00:08:24,174 --> 00:08:27,654
an extra four years of school,
everybody's looking the other way.
140
00:08:27,654 --> 00:08:30,987
Everybody's nervous when they're
lookir down the barrel of a lawsuit.
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00:08:30,987 --> 00:08:33,857
Doctors may not wanna talk.
I'm not so sure about patients.
142
00:08:33,857 --> 00:08:35,122
Especially the unappy ones.
143
00:08:35,122 --> 00:08:36,959
A Park Avenue medicine man
like Merritt.
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00:08:36,959 --> 00:08:38,726
I figure he doesn't
do his own billing.
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00:08:38,726 --> 00:08:40,825
Would the billing service
put an asterisk
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00:08:40,825 --> 00:08:42,426
next to the names
that are molested?
147
00:08:42,426 --> 00:08:43,663
Let me ask you a question.
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00:08:43,663 --> 00:08:45,900
They overcook your macaroni
in an Italian restaurant.
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00:08:45,900 --> 00:08:47,635
You ever go back there?
150
00:08:48,777 --> 00:08:51,211
Let's check
the billing service.
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00:08:52,014 --> 00:08:55,711
I tell you, this guy's patient
list reads like the Forbes 400.
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00:08:55,711 --> 00:08:59,151
At $150 a pop, the good doctor
should be at the top of the list.
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00:08:59,151 --> 00:09:01,155
Here we go.
Donna Marx.
154
00:09:01,155 --> 00:09:04,124
Regular visits every four
months until last July.
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00:09:04,124 --> 00:09:05,251
Nothing since.
156
00:09:05,251 --> 00:09:06,589
Maybe she got cured.
157
00:09:06,589 --> 00:09:08,027
Of being a woman?
158
00:09:10,232 --> 00:09:12,723
Hold on.
Listen to this.
159
00:09:13,669 --> 00:09:16,604
Diane Perkins.
Clockwork until last May.
160
00:09:16,604 --> 00:09:18,139
Ever since the clock stopped.
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00:09:18,139 --> 00:09:20,072
When it rains... Laura Todd.
162
00:09:20,072 --> 00:09:21,837
Three times a year
for three years.
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00:09:21,837 --> 00:09:23,571
Nothing since April.
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00:09:23,571 --> 00:09:25,670
Well, hey, I'm ready.
Let's go.
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00:09:25,670 --> 00:09:28,181
Okay. First stop, Marx.
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00:09:28,984 --> 00:09:30,747
She's on 21st.
Around the corner
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00:09:30,747 --> 00:09:32,947
is the best marinara
west of Naples.
168
00:09:33,490 --> 00:09:35,583
So what about Dr. Merritt?
169
00:09:35,583 --> 00:09:36,750
What's he done now?
170
00:09:36,750 --> 00:09:37,850
Excuse me?
171
00:09:37,850 --> 00:09:40,259
Alex certainly likes
to live life on the edge.
172
00:09:40,259 --> 00:09:41,627
Every now and then you slip.
173
00:09:41,627 --> 00:09:43,563
Just how far out on the edge,
Miss Marx?
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00:09:43,563 --> 00:09:46,397
Wouldrt go there
without a parachute.
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00:09:47,570 --> 00:09:50,437
Last May.
Uh, did he do anything to you?
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00:09:51,241 --> 00:09:53,607
We know the billing
stopped in May.
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00:09:53,607 --> 00:09:55,200
Just because
he stopped billing me
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00:09:55,200 --> 00:09:57,075
doesn't mean
he stopped treating me.
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00:09:57,075 --> 00:09:58,944
Oh, he worked pro bono, huh?
180
00:10:00,417 --> 00:10:02,647
Let's call it an even swap.
181
00:10:02,647 --> 00:10:05,016
But that ended six,
eight weeks ago.
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00:10:05,890 --> 00:10:07,881
If Dr. Merritt
did something to you,
183
00:10:07,881 --> 00:10:09,619
there's no point
in protecting him.
184
00:10:10,694 --> 00:10:12,821
I don't give a damn
about Dr. Merritt.
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00:10:12,821 --> 00:10:16,389
Look, we played doctor, all
right? It was good while it lasted.
186
00:10:16,389 --> 00:10:19,562
But eventually his yang
got tired of my yin.
187
00:10:20,038 --> 00:10:22,563
This started when you
were his patient?
188
00:10:22,563 --> 00:10:25,371
Love in the stirrups.
Exciting for a while,
189
00:10:25,371 --> 00:10:28,310
but hell, now I'm seeing
my plastic surgeon.
190
00:10:28,310 --> 00:10:30,243
You only date doctors?
191
00:10:30,243 --> 00:10:33,307
Why not? Something breaks,
they can fix it.
192
00:10:34,619 --> 00:10:37,087
My daughter is heavily sedated.
193
00:10:37,087 --> 00:10:40,090
I believe that talking to her
now would have little value.
194
00:10:40,090 --> 00:10:43,252
Did she ever talk to you about
her gynecologist, Dr. Merritt?
195
00:10:43,252 --> 00:10:46,229
Diane has been struggling
for years with mental illness.
196
00:10:46,229 --> 00:10:48,732
She talks about
a lot of things.
197
00:10:48,732 --> 00:10:52,463
At this point we don't know
what's real and what's not.
198
00:10:52,463 --> 00:10:55,165
We would really like
to talk to her.
199
00:10:55,407 --> 00:10:59,036
You understand she's recovering
from a suicide attempt.
200
00:10:59,811 --> 00:11:03,248
I promise we won't push
your daughter, Mrs. Gaines.
201
00:11:29,675 --> 00:11:30,664
Diane?
202
00:11:41,287 --> 00:11:44,950
Is it hot outside?
203
00:11:48,662 --> 00:11:51,825
Diane, we'd like to ask you a
few questions about Dr. Merritt.
204
00:11:57,170 --> 00:11:58,159
Yes,
205
00:12:00,207 --> 00:12:03,643
it's always hot in his office.
206
00:12:04,511 --> 00:12:08,072
Diane, do you remember the last time
you went to Dr. Merritt's office?
207
00:12:09,549 --> 00:12:13,383
I wore a blue cotton sundress
208
00:12:14,655 --> 00:12:18,113
and no makeup.
He liked that.
209
00:12:19,693 --> 00:12:23,288
He smiled a lot.
210
00:12:27,634 --> 00:12:29,761
You bought me that dress, Mom.
211
00:12:30,704 --> 00:12:32,467
It was my favorite.
212
00:12:40,782 --> 00:12:43,376
Do you always change horses
in midstream?
213
00:12:43,376 --> 00:12:46,045
No way he'd get near me
or my baby.
214
00:12:47,088 --> 00:12:48,521
Merritt molested you?
215
00:12:48,723 --> 00:12:50,054
Who the hell knows?
216
00:12:50,054 --> 00:12:52,456
I was in so much pain, he
could have amputated my leg
217
00:12:52,456 --> 00:12:54,757
and I wouldn't have felt it.
218
00:12:54,757 --> 00:12:56,524
You ever have root canal?
219
00:12:56,524 --> 00:12:58,531
It's not one of
my fondest memories.
220
00:12:58,531 --> 00:13:00,430
Well, imagine it
without the gas
221
00:13:00,430 --> 00:13:04,232
and on places a whole lot
more sensitive than your teeth.
222
00:13:04,232 --> 00:13:07,570
He performed laser surgery
without anesthesia.
223
00:13:08,276 --> 00:13:10,335
But did you report this
to anyone?
224
00:13:10,335 --> 00:13:12,743
The brass at Manattan
General know me by name.
225
00:13:12,743 --> 00:13:15,749
The State Medical Board tells
me everything was by the book.
226
00:13:15,749 --> 00:13:17,751
Simply the doctor's choice.
227
00:13:17,751 --> 00:13:19,720
I read about guys like this.
But who'd think
228
00:13:19,720 --> 00:13:21,756
they'd have MDs
next to their names.
229
00:13:22,157 --> 00:13:24,591
Dr. DeSade.
The guy's a sadist.
230
00:13:33,369 --> 00:13:36,736
There's a reason complaints by
the public are kept confidential.
231
00:13:36,736 --> 00:13:38,500
It's called CYA.
232
00:13:39,108 --> 00:13:41,906
If we disclosed every
complaint by every crackpot,
233
00:13:41,906 --> 00:13:44,172
no one would feel comfortable
visiting any doctor.
234
00:13:44,172 --> 00:13:47,113
When you buy a car, it's caveat
emptor. But a doctor is...
235
00:13:47,113 --> 00:13:49,640
Is human. Which means
sometimes he makes mistakes.
236
00:13:49,640 --> 00:13:51,447
Are you saying
Merritt made mistakes?
237
00:13:51,447 --> 00:13:56,321
I'm saying some patient's temperature
stays at 98.9 for two weeks,
238
00:13:56,321 --> 00:13:59,725
first stop is my committee where
they file a 200-page complaint
239
00:13:59,725 --> 00:14:03,060
with affidavits from everyone
from Aunt Susie to Rover's vet.
240
00:14:03,060 --> 00:14:05,829
I can't be expected
to take them all seriously.
241
00:14:05,829 --> 00:14:08,063
What about surgery
without anesthesia?
242
00:14:08,063 --> 00:14:10,800
Yes, Miss Todd complained
about Dr. Merritt's procedure.
243
00:14:10,800 --> 00:14:12,432
Yes, we took it seriously.
244
00:14:12,432 --> 00:14:14,568
But no, he did not
do anything wrong.
245
00:14:14,568 --> 00:14:17,408
I thought "bite the bullet"
went out a long time ago.
246
00:14:17,408 --> 00:14:19,243
A lot of people
who die during surgery,
247
00:14:19,243 --> 00:14:21,010
die because of the anesthetic.
248
00:14:21,010 --> 00:14:23,177
My committee reviewed
Dr. Merritt's actions.
249
00:14:23,177 --> 00:14:24,720
We concluded
that everything he did
250
00:14:24,720 --> 00:14:27,313
was in the best interests
of this particular patient.
251
00:14:27,313 --> 00:14:30,188
Oh, good. So only
the patient didn't agree.
252
00:14:34,764 --> 00:14:37,358
You get the feeling
we're chasing our tails here?
253
00:14:37,358 --> 00:14:39,868
The Medical Board may keep
its complaints a secret.
254
00:14:39,868 --> 00:14:41,460
But the State Supreme Court
does not.
255
00:14:41,460 --> 00:14:43,472
Maybe this guy was sued.
256
00:14:46,075 --> 00:14:48,202
Liz. Is she all right?
257
00:14:48,202 --> 00:14:51,612
She is a psychologist. If anybody's
trained to handle it, she is.
258
00:14:51,612 --> 00:14:53,912
Nobody trains you
to be a victim.
259
00:14:53,912 --> 00:14:56,544
Merritt. Two R's, two T's.
Alex J.
260
00:14:58,022 --> 00:14:59,216
How far back should I go?
261
00:14:59,216 --> 00:15:00,848
What is he, about 50?
262
00:15:02,560 --> 00:15:04,892
How about 1973?
263
00:15:04,892 --> 00:15:06,930
Merritt vs. Merritt.
264
00:15:06,930 --> 00:15:08,191
Coincidence?
265
00:15:08,191 --> 00:15:09,559
A matrimonial.
266
00:15:13,404 --> 00:15:14,928
The doctor's wife.
267
00:15:15,372 --> 00:15:17,897
My generation,
that was as good as it got.
268
00:15:17,897 --> 00:15:20,205
I guess it wasrt that good.
269
00:15:20,444 --> 00:15:23,538
Marriage. Tried it once,
didn't like it.
270
00:15:23,538 --> 00:15:26,913
Maybe it's who you were
married to, Mrs. Merritt.
271
00:15:26,913 --> 00:15:30,750
When we divorced Alex took
the car, the furniture.
272
00:15:30,750 --> 00:15:33,153
I threw in the name for free.
273
00:15:33,624 --> 00:15:35,957
I'm back to being Celia Walsh.
274
00:15:35,957 --> 00:15:38,552
So how long were you married,
Miss Walsh?
275
00:15:38,552 --> 00:15:40,621
Well, we met his first week
at medical school.
276
00:15:40,621 --> 00:15:42,462
I was a junior.
277
00:15:42,462 --> 00:15:45,331
The day after I graduated,
we married.
278
00:15:45,331 --> 00:15:48,531
The day he completed
his residency, we divorced.
279
00:15:48,974 --> 00:15:52,910
Six joyous years that took me
10 years of therapy to forget.
280
00:15:52,910 --> 00:15:54,502
Your husband abused you?
281
00:15:54,502 --> 00:15:58,015
It's odd what one endures
under the heading of love.
282
00:15:58,250 --> 00:16:01,447
I guess I should be happy.
I survived.
283
00:16:02,654 --> 00:16:05,521
The second Mrs. Merritt
wasrt so lucky.
284
00:16:15,500 --> 00:16:16,558
What the hell is this?
285
00:16:16,558 --> 00:16:19,297
That's Teresa Merritt.
The doctor's second wife.
286
00:16:19,297 --> 00:16:21,135
They were only
married two years.
287
00:16:21,135 --> 00:16:23,072
ME called it a suicide.
288
00:16:23,072 --> 00:16:25,770
She's only 23 years old.
Overdose.
289
00:16:25,770 --> 00:16:28,038
What, you think Merritt
drove her to it?
290
00:16:28,038 --> 00:16:30,139
Come on, Donny.
She was sending a message.
291
00:16:30,139 --> 00:16:31,513
Yeah, she's into kink.
292
00:16:31,513 --> 00:16:32,710
Or maybe not.
293
00:16:32,710 --> 00:16:34,275
Found her
in the doctor's office.
294
00:16:34,275 --> 00:16:37,686
The hood: Uniform of choice
in your finer S & M clubs.
295
00:16:37,686 --> 00:16:40,487
Well, was the hubby in town
when this happened?
296
00:16:40,487 --> 00:16:42,358
Nope. In Vancouver, lecturing.
297
00:16:42,358 --> 00:16:44,090
But this tells us
something about him.
298
00:16:44,090 --> 00:16:46,029
Obviously he's a sadist.
299
00:16:46,029 --> 00:16:48,567
My guess: The wife
didn't like it anymore.
300
00:16:48,567 --> 00:16:50,569
Like it, not like it.
Where's the crime?
301
00:16:50,569 --> 00:16:52,104
A doctor who likes
to hurt people...
302
00:16:52,104 --> 00:16:53,400
Hey, wait... wait.
Wait a minute.
303
00:16:53,400 --> 00:16:55,464
Liz never said anything
about getting hurt.
304
00:16:55,464 --> 00:16:57,703
She said he touched her.
Period.
305
00:16:57,703 --> 00:17:00,406
Whatever track you're on here,
I think it's the wrong one.
306
00:17:00,406 --> 00:17:03,506
Hey, we're barely out the door
and already we got this.
307
00:17:03,506 --> 00:17:06,553
Well, if you had any evidence
that the guy was dangerous...
308
00:17:06,553 --> 00:17:08,087
Maybe we do.
309
00:17:10,825 --> 00:17:11,814
Hmm.
310
00:17:12,360 --> 00:17:15,523
I knew the man was creative, but
I never dreamed he was into this.
311
00:17:15,523 --> 00:17:16,723
What's that, Miss Marx?
312
00:17:16,723 --> 00:17:18,231
Voyeurism.
313
00:17:18,231 --> 00:17:21,268
Hope to God I'm not in
any of his photo albums.
314
00:17:21,268 --> 00:17:22,996
Dr. Merritt didn't take these.
315
00:17:22,996 --> 00:17:25,232
These are police photos
of his dead wife.
316
00:17:25,232 --> 00:17:27,570
She killed herself
in his office.
317
00:17:28,476 --> 00:17:31,206
Now I see why he wouldn't
let me wear a hood.
318
00:17:31,206 --> 00:17:32,576
You're into...
319
00:17:32,576 --> 00:17:35,081
Don't knock it, sweetie,
until you've tried it.
320
00:17:35,081 --> 00:17:37,117
So why'd you leave him?
321
00:17:37,117 --> 00:17:39,379
Nothing turned Alex on
like fear.
322
00:17:39,379 --> 00:17:41,354
When I was scared of him,
his rockets fired.
323
00:17:41,354 --> 00:17:44,220
It was great until he said
"boo," and I didn't jump.
324
00:17:44,220 --> 00:17:45,782
So he dumped you?
325
00:17:46,794 --> 00:17:49,319
I may be kinky,
but I'm not crazy.
326
00:17:50,498 --> 00:17:51,658
Thanks, Sandy.
327
00:17:51,658 --> 00:17:54,100
He's a lifetime member
of the Marquis Club.
328
00:17:54,100 --> 00:17:55,363
And I'm a member of the Elks.
329
00:17:55,363 --> 00:17:56,699
Are you gonna arrest me for it?
330
00:17:56,699 --> 00:17:58,171
There's a big difference,
Donny.
331
00:17:58,171 --> 00:18:00,504
At your monthly meetings
nobody ends up bruised.
332
00:18:00,504 --> 00:18:02,373
It's a private club.
Consenting adults.
333
00:18:02,373 --> 00:18:03,775
Nobody's breaking the law.
334
00:18:03,775 --> 00:18:05,711
Not when one of the adults
doesn't consent.
335
00:18:05,711 --> 00:18:07,681
You show me one.
I'll arrest the guy myself.
336
00:18:07,681 --> 00:18:09,741
Look, I think we can use
some of this stuff
337
00:18:09,741 --> 00:18:11,513
as ammo in Liz's
molestation case.
338
00:18:11,513 --> 00:18:12,679
It shows intent.
339
00:18:12,679 --> 00:18:15,349
And maybe I can squeeze an
apple and get orange juice.
340
00:18:15,349 --> 00:18:17,085
One has nothing
to do with the other.
341
00:18:17,085 --> 00:18:19,184
In a court of law
it's called inadmissible.
342
00:18:19,184 --> 00:18:22,230
The guy is dangerous. If he hasn't
crossed the line yet, he will.
343
00:18:22,230 --> 00:18:24,197
And then we'll arrest him.
344
00:18:24,197 --> 00:18:27,429
I'm sorry, fellows, without
more the DA can't prosecute.
345
00:18:27,429 --> 00:18:29,596
And it's not a good idea
to tell Liz
346
00:18:29,596 --> 00:18:31,537
about Merritt's
extracurricular activities.
347
00:18:31,537 --> 00:18:34,599
Yeah. Why should she know
how lucky she is?
348
00:18:40,350 --> 00:18:42,375
We talked
to everybody we could.
349
00:18:42,686 --> 00:18:45,951
If there were others who were
molested, they're not talking to us.
350
00:18:45,951 --> 00:18:47,785
That's not unusual.
For most women,
351
00:18:47,785 --> 00:18:49,825
it's too devastating
to even think about.
352
00:18:49,825 --> 00:18:52,384
And if they won't come forward
our hands are tied.
353
00:18:52,384 --> 00:18:54,259
Well, I've come forward.
354
00:18:55,565 --> 00:18:57,123
So what's next?
355
00:19:05,341 --> 00:19:07,241
Did you talk to Stone?
356
00:19:08,178 --> 00:19:10,373
The DA's office said
that getting an indictment
357
00:19:10,373 --> 00:19:12,574
would be like
climbing Mount Everest.
358
00:19:12,574 --> 00:19:16,107
What the hell does that mean?
This guy is not gonna stop.
359
00:19:16,107 --> 00:19:20,282
As long it's just your word
against his, they will not proceed.
360
00:19:44,849 --> 00:19:47,716
Call the Imaging Center,
schedule an ultrasound.
361
00:19:48,786 --> 00:19:50,378
So, how are we today,
Elizabeth?
362
00:19:50,378 --> 00:19:51,546
Uh, little nervous.
363
00:19:51,546 --> 00:19:53,988
Oh, don't be. It'll all be
over in 30 minutes or less.
364
00:19:53,988 --> 00:19:56,253
Uh, would you lie down, please?
365
00:19:59,563 --> 00:20:02,123
I'm gonna give you a local.
Miriam.
366
00:20:02,967 --> 00:20:04,434
Lidocaine.
367
00:20:05,970 --> 00:20:06,959
Oh.
368
00:20:07,204 --> 00:20:08,398
Relax.
369
00:20:09,508 --> 00:20:11,499
Chances are
you won't feel a thing.
370
00:20:11,499 --> 00:20:13,634
At most a little discomfort.
371
00:20:33,965 --> 00:20:35,830
Okay. That'll be all.
372
00:20:50,248 --> 00:20:53,581
All right, we'll just give it
a couple of seconds.
373
00:21:13,873 --> 00:21:15,966
I... I can't
374
00:21:19,278 --> 00:21:20,267
move.
375
00:21:31,023 --> 00:21:34,390
Dr. Marcus, please report
to Recovery Unit Four.
376
00:21:34,961 --> 00:21:37,327
Victim walked in
about 40 minutes ago.
377
00:21:37,327 --> 00:21:39,728
Vaginal pain. Soreness.
378
00:21:39,728 --> 00:21:42,961
Calm as Cayuga's waters,
but that's no indication.
379
00:21:42,961 --> 00:21:44,367
She was raped?
380
00:21:44,367 --> 00:21:46,666
There was penetration,
ejaculation,
381
00:21:46,666 --> 00:21:48,901
no wounds,
but lots of heavy bruising.
382
00:21:48,901 --> 00:21:51,637
He left finger marks
on her thighs.
383
00:21:51,637 --> 00:21:53,304
When Forensics
runs the samples,
384
00:21:53,304 --> 00:21:55,814
we'll know all about the party
of the second part.
385
00:21:55,814 --> 00:21:58,716
I already got a name.
Dr. Alex Merritt.
386
00:21:59,353 --> 00:22:02,117
Gonna make for some
interesting dinner conversation.
387
00:22:02,117 --> 00:22:06,626
My wife's an OB. Merritt was the
lead examiner for her comprehensives.
388
00:22:06,626 --> 00:22:08,558
You guys excuse me?
389
00:22:14,434 --> 00:22:17,062
Why do I feel
like taking a shower?
390
00:22:17,062 --> 00:22:19,867
Mike, we didn't tell her
to go there.
391
00:22:19,867 --> 00:22:21,032
I'm gonna call the lab.
392
00:22:21,032 --> 00:22:24,202
See if we can get this thing
put on the top of the list.
393
00:22:55,243 --> 00:22:56,608
You okay?
394
00:22:57,745 --> 00:22:59,645
I've had better days.
395
00:23:10,291 --> 00:23:14,126
Run the kit, Mike.
Lock the bastard up.
396
00:23:17,466 --> 00:23:19,662
Yeah, well...
397
00:23:22,272 --> 00:23:24,365
You know, I gotta ask you.
398
00:23:25,141 --> 00:23:28,201
What were you thinking, going
back after what he already did?
399
00:23:28,201 --> 00:23:29,643
That makes a difference?
400
00:23:29,643 --> 00:23:31,180
Of course it does.
401
00:23:31,448 --> 00:23:33,507
Somebody had to stop him.
402
00:23:35,986 --> 00:23:40,320
He drugged me. I don't know. I
think it was diazepam, I don't know.
403
00:23:41,891 --> 00:23:44,951
Doesrt that remove
any question of consent?
404
00:23:45,362 --> 00:23:48,991
Doesrt that make it Rape One
no matter how you cut it?
405
00:23:49,966 --> 00:23:51,331
You know what's coming.
406
00:23:51,768 --> 00:23:52,928
You've been there.
407
00:23:52,928 --> 00:23:54,300
He'll be on the stand
408
00:23:54,300 --> 00:23:57,068
claiming you asked for the drug,
that it put you in the mood.
409
00:23:57,068 --> 00:23:59,905
Well, he can claim
whatever he wants.
410
00:24:08,853 --> 00:24:11,879
Here. People's Exhibit One.
411
00:24:15,326 --> 00:24:17,817
She taped it?
She's a Ph. D.
412
00:24:17,817 --> 00:24:20,159
She should've had more sense
than to go back there.
413
00:24:20,159 --> 00:24:22,028
She didn't figure
on being shot up
414
00:24:22,028 --> 00:24:23,760
with a sedative
and then getting raped.
415
00:24:23,760 --> 00:24:25,802
Our problem is that
the sedatives wear off.
416
00:24:25,802 --> 00:24:26,894
Blood scan?
417
00:24:26,894 --> 00:24:28,097
Nothing.
418
00:24:28,439 --> 00:24:31,237
Let's hope
the good doctor's a talker.
419
00:24:35,780 --> 00:24:36,530
Oh.
420
00:24:38,115 --> 00:24:40,174
Oh, yes.
421
00:24:42,821 --> 00:24:45,449
Ah, this is what you wanted.
422
00:24:45,957 --> 00:24:48,687
Yeah.
You begged for it, bitch.
423
00:24:49,461 --> 00:24:51,156
Be tough talking his way
out of that.
424
00:24:51,156 --> 00:24:53,925
Well, I think we may be the
ones doing the fast-talking.
425
00:24:53,925 --> 00:24:55,796
A crime committed
against someone
426
00:24:55,796 --> 00:24:57,357
who works for
the police department.
427
00:24:57,357 --> 00:24:59,267
Knee jerk defense.
Entrapment.
428
00:24:59,267 --> 00:25:01,771
Yeah, but she went in
for a biopsy, for God's sake.
429
00:25:01,771 --> 00:25:03,535
She wasrt there
for an examination.
430
00:25:03,535 --> 00:25:05,007
She took that tape recorder.
431
00:25:05,007 --> 00:25:08,444
There's no law against an ordinary
citizen gathering evidence.
432
00:25:08,444 --> 00:25:09,707
She's not an ordinary citizen.
433
00:25:09,707 --> 00:25:10,941
She works for us.
434
00:25:10,941 --> 00:25:13,348
Only when we ask for her help.
435
00:25:14,186 --> 00:25:16,279
Phil, tell me honestly,
was Liz working
436
00:25:16,279 --> 00:25:18,015
on behalf
of the Police Department?
437
00:25:18,015 --> 00:25:19,717
Absolutely not.
438
00:25:21,460 --> 00:25:23,985
Arrest the son of a bitch.
439
00:25:31,471 --> 00:25:32,733
How ironic.
440
00:25:37,743 --> 00:25:38,573
Excuse us, gentlemen.
441
00:25:39,045 --> 00:25:40,137
Uh, just a moment.
442
00:25:40,137 --> 00:25:41,043
There's a meeting
going on here.
443
00:25:41,043 --> 00:25:42,342
Please stand up, sir.
What?
444
00:25:42,342 --> 00:25:44,883
Dr. Alexander Merritt,
you're under arrest
445
00:25:44,883 --> 00:25:46,714
for the rape
of Elizabeth Olivet.
446
00:25:46,714 --> 00:25:48,344
You have the right
to remain silent.
447
00:25:48,344 --> 00:25:51,049
Anything you say may be used
against you in a court of law.
448
00:25:51,049 --> 00:25:52,819
Tell Miriam to call
my lawyer, will you?
449
00:25:52,819 --> 00:25:55,087
You took the words
right out of my mouth.
450
00:25:55,595 --> 00:25:58,120
The victim ID'd her
assailant. Samples match.
451
00:25:58,120 --> 00:25:59,664
I'd say we're in
pretty good shape.
452
00:25:59,664 --> 00:26:01,427
And I'd say Judge Silver
doesn't agree.
453
00:26:01,427 --> 00:26:02,991
Why else would he
grant my motion
454
00:26:02,991 --> 00:26:04,832
to close the courtroom
to the press, hmm?
455
00:26:04,832 --> 00:26:07,270
Obviously he doesn't want
to destroy an innocent man.
456
00:26:07,270 --> 00:26:09,103
He hasn't heard evidence
to the contrary.
457
00:26:09,103 --> 00:26:11,200
What evidence?
The woman asked me to...
458
00:26:11,200 --> 00:26:12,505
And you drugged her.
459
00:26:12,505 --> 00:26:14,672
Drugged her with what?
He gave her a local.
460
00:26:14,672 --> 00:26:16,545
That doesn't prevent her
from screaming.
461
00:26:16,545 --> 00:26:18,050
The victim said
it was a sedative.
462
00:26:18,050 --> 00:26:19,176
Oh, please.
463
00:26:19,176 --> 00:26:21,153
You take the word
of an hysterical woman
464
00:26:21,153 --> 00:26:23,155
against your own
Forensics experts.
465
00:26:23,155 --> 00:26:24,848
Come on, Ben.
466
00:26:24,848 --> 00:26:26,756
They had a little fun
in the afternoon.
467
00:26:26,756 --> 00:26:29,125
It cannot be rape
when both parties consent.
468
00:26:29,125 --> 00:26:32,256
I saw the bruises. I heard the
tape. I didn't hear consent.
469
00:26:32,256 --> 00:26:34,630
Mmm-hmm. And you didn't hear
something else, either.
470
00:26:34,630 --> 00:26:36,692
You didn't hear
the word "No."
471
00:26:36,692 --> 00:26:38,704
The woman gets naked,
she spreads her legs,
472
00:26:38,704 --> 00:26:40,637
and then she turns on
a tape recorder?
473
00:26:40,637 --> 00:26:42,971
Didrt I read that in last
month's Penthouse Forum?
474
00:26:42,971 --> 00:26:45,603
Danielle, she suspected
something would happen.
475
00:26:45,812 --> 00:26:48,440
Gee, Ben, now I know
why you're living alone.
476
00:26:48,440 --> 00:26:51,245
Fact: The only woman who
would knowingly put herself
477
00:26:51,245 --> 00:26:53,445
in a position to get raped
is a policewoman.
478
00:26:53,445 --> 00:26:57,047
So please, go ahead, fellows,
use the tape. You will open a can
479
00:26:57,047 --> 00:26:59,593
and a hell of a lot more than
worms are gonna crawl out.
480
00:26:59,593 --> 00:27:02,596
I will give you a hint. It
begins with "E," it ends with "T."
481
00:27:02,596 --> 00:27:05,064
And I do not
mean entertainment.
482
00:27:08,736 --> 00:27:10,670
There were semen samples.
483
00:27:11,072 --> 00:27:13,370
Her vaginal area was bruised.
484
00:27:13,708 --> 00:27:16,700
And there were haematomas
on her calves and thighs.
485
00:27:16,700 --> 00:27:19,575
Would you identify these
photographs, Dr. Helman?
486
00:27:19,575 --> 00:27:23,014
Yeah. They are the photos that
our rape expert took of Dr. Olivet
487
00:27:23,014 --> 00:27:25,314
shortly after she arrived
at the hospital.
488
00:27:25,314 --> 00:27:27,183
Offered as evidence,
Your Honor.
489
00:27:27,183 --> 00:27:29,815
Call them
People's 10, 11, and 12.
490
00:27:36,531 --> 00:27:40,433
Dr. Helman, in your opinion,
what happened to Dr. Olivet?
491
00:27:40,433 --> 00:27:42,366
I've been doing
this for six years.
492
00:27:42,366 --> 00:27:44,406
In my opinion,
that woman was raped.
493
00:27:44,707 --> 00:27:46,106
Thank you.
494
00:27:48,611 --> 00:27:50,943
In your six years
of experience, Doctor,
495
00:27:50,943 --> 00:27:54,540
have you ever seen a patient with
vaginal bruising who was not raped?
496
00:27:54,540 --> 00:27:55,606
Yes.
497
00:27:55,606 --> 00:27:57,709
And did your rape experts
scrape underneath
498
00:27:57,709 --> 00:27:59,378
the fingernails
of the alleged victim?
499
00:27:59,378 --> 00:28:00,513
Yes.
500
00:28:00,513 --> 00:28:03,285
And did they find samples
of the defendant's skin?
501
00:28:03,285 --> 00:28:04,417
No.
502
00:28:04,417 --> 00:28:06,153
Well, doesn't that
typically indicate
503
00:28:06,153 --> 00:28:08,219
that the alleged victim
did not resist?
504
00:28:08,731 --> 00:28:09,720
It might...
505
00:28:09,720 --> 00:28:11,527
In other words,
she might have consented.
506
00:28:11,527 --> 00:28:12,692
Objection.
507
00:28:13,102 --> 00:28:14,194
Withdrawn.
508
00:28:18,107 --> 00:28:21,372
Now we'll give it
a couple of seconds.
509
00:28:30,287 --> 00:28:31,187
I... I can't move.
510
00:28:48,238 --> 00:28:49,227
Oh.
511
00:28:50,440 --> 00:28:52,431
Oh, yes.
512
00:28:55,178 --> 00:28:57,237
Ah, this is what you wanted.
513
00:28:58,315 --> 00:29:00,977
Yeah.
You begged for it, bitch.
514
00:29:03,186 --> 00:29:06,519
Would you describe what
we just heard on the tape.
515
00:29:06,519 --> 00:29:09,057
I was on the table
in the examination room.
516
00:29:09,057 --> 00:29:10,990
Dr. Merritt's nurse,
Miss Gregg,
517
00:29:10,990 --> 00:29:13,894
prepared a syringe
and then left the room.
518
00:29:13,894 --> 00:29:15,625
He gave me an injection.
519
00:29:15,625 --> 00:29:19,136
Were you aware that drugs were
gonna be part of this examination?
520
00:29:19,136 --> 00:29:20,602
He told me it was a local.
521
00:29:20,602 --> 00:29:23,401
I've had minor surgery before
and that wasrt a local.
522
00:29:23,401 --> 00:29:24,805
It was some kind of sedative.
523
00:29:24,805 --> 00:29:26,001
Objection, Your Honor.
524
00:29:26,001 --> 00:29:27,135
Sustained.
525
00:29:27,135 --> 00:29:28,644
How did it make you feel?
526
00:29:29,146 --> 00:29:30,238
I couldn't move.
527
00:29:30,238 --> 00:29:31,645
Were you conscious?
528
00:29:31,645 --> 00:29:33,274
I saw everything he did.
529
00:29:33,274 --> 00:29:34,784
And what did he do?
530
00:29:34,784 --> 00:29:36,752
His eyes glazed over.
531
00:29:37,154 --> 00:29:39,384
I heard him unzip his pants.
532
00:29:40,124 --> 00:29:42,957
I tried to scream, to
push him away. I couldn't.
533
00:29:42,957 --> 00:29:45,655
He was on top of me,
then inside me.
534
00:29:47,398 --> 00:29:49,195
No further questions.
535
00:29:52,970 --> 00:29:56,565
Miss Olivet. Would you
tell the court, please,
536
00:29:56,565 --> 00:29:59,906
exactly what you did after
you left Dr. Merritt's office?
537
00:29:59,906 --> 00:30:01,970
I called the police
and went to the hospital.
538
00:30:01,970 --> 00:30:03,515
You dialed 911?
539
00:30:03,515 --> 00:30:06,177
No. I called
Det. Michael Logan.
540
00:30:06,177 --> 00:30:07,580
But you were on 76th.
541
00:30:07,580 --> 00:30:10,178
Wouldrt it have been easier
to call the 19th Precinct?
542
00:30:10,178 --> 00:30:12,816
I have a personal relationship
with Det. Logan.
543
00:30:12,816 --> 00:30:16,089
You have more than that, don't
you, Miss Olivet? You work with him.
544
00:30:16,089 --> 00:30:17,459
I've advised on...
545
00:30:17,459 --> 00:30:19,020
Oh, come on, come on.
546
00:30:19,020 --> 00:30:20,622
Every other Friday
your paycheck says
547
00:30:20,622 --> 00:30:22,895
New York City Police
Department. Is that not true?
548
00:30:22,895 --> 00:30:24,061
Yes.
549
00:30:25,371 --> 00:30:29,000
Would you tell us, please,
who is Dr. Barbara Lawrence?
550
00:30:31,043 --> 00:30:32,032
Miss Olivet?
551
00:30:34,013 --> 00:30:35,378
She's my doctor.
552
00:30:35,378 --> 00:30:36,745
What kind of doctor?
553
00:30:37,617 --> 00:30:39,585
She's a gynecologist.
554
00:30:40,420 --> 00:30:41,682
I see.
555
00:30:42,255 --> 00:30:45,588
And she's been treating you
for the last 12 years?
556
00:30:46,225 --> 00:30:47,250
Yes.
557
00:30:47,250 --> 00:30:50,194
And when was the last time
she examined you, please?
558
00:30:50,194 --> 00:30:51,524
Last September.
559
00:30:51,524 --> 00:30:55,796
Yet you saw Dr. Merritt once in
August and two times in September.
560
00:30:55,796 --> 00:30:57,996
Do you see two dentists,
too, Miss Olivet?
561
00:30:57,996 --> 00:30:59,095
Objection.
562
00:30:59,095 --> 00:31:00,367
Sustained.
563
00:31:02,009 --> 00:31:04,034
How about Diane Perkins?
564
00:31:05,345 --> 00:31:06,812
You recognize that name?
565
00:31:06,812 --> 00:31:08,142
Relevance.
566
00:31:08,142 --> 00:31:10,410
Your Honor,
Diane Perkins is a patient
567
00:31:10,410 --> 00:31:12,509
of both Dr. Olivet
and Dr. Merritt's.
568
00:31:12,509 --> 00:31:15,783
The jury will disregard
Miss Melnick's statement
569
00:31:15,783 --> 00:31:18,414
and I'll see counsel
in chambers.
570
00:31:19,726 --> 00:31:22,058
I don't see how it's relevant.
571
00:31:22,058 --> 00:31:24,927
It is when you guys
are out to play sting.
572
00:31:24,927 --> 00:31:27,466
Your Honor,
my client was entrapped.
573
00:31:27,466 --> 00:31:28,830
Explain, Miss Melnick.
574
00:31:28,830 --> 00:31:31,700
Six months ago, Miss Perkins
underwent a routine pelvic.
575
00:31:31,700 --> 00:31:34,867
Only, she freaked out. She claimed
that Dr. Merritt molested her.
576
00:31:34,867 --> 00:31:37,878
In other words, your client
was predisposed to sex crimes.
577
00:31:37,878 --> 00:31:39,072
This woman file charges?
578
00:31:39,072 --> 00:31:40,375
Of course not.
579
00:31:40,375 --> 00:31:43,042
She thinks the guy on the 6:00
news is making eyes at her.
580
00:31:43,042 --> 00:31:45,984
This woman has deep rooted
psychological problems.
581
00:31:45,984 --> 00:31:49,080
So it's no surprise that she's
a regular at Dr. Olivet's.
582
00:31:49,080 --> 00:31:52,422
But the problem is, the therapist
believed the patient's fantasy.
583
00:31:52,422 --> 00:31:55,895
And now Dr. Olivet is out
to destroy a mars life.
584
00:31:56,831 --> 00:32:00,460
I'm sorry, Ben, but the
rantings of one disturbed woman
585
00:32:00,460 --> 00:32:04,629
may be cause for suspicion, but it
in no way establishes predisposition.
586
00:32:04,629 --> 00:32:07,071
You plan on putting
Miss Perkins on the stand?
587
00:32:07,071 --> 00:32:09,405
She won't waive
her doctor-patient privilege.
588
00:32:09,405 --> 00:32:11,138
Then no one else
will do it for her.
589
00:32:11,138 --> 00:32:12,406
There'll be no further mention
590
00:32:12,406 --> 00:32:14,004
of Diane Perkins
in my courtroom.
591
00:32:14,582 --> 00:32:16,049
Count your blessings, Ben.
592
00:32:16,049 --> 00:32:19,016
If this were admissible, we'd
all be going home right now.
593
00:32:20,623 --> 00:32:22,090
What the hell is going on?
594
00:32:22,090 --> 00:32:24,022
I was raped.
That's all you needed to know.
595
00:32:24,022 --> 00:32:26,687
It would've helped to know
the alleged victim was lying.
596
00:32:26,687 --> 00:32:27,786
I never lied to you.
597
00:32:27,786 --> 00:32:30,627
The only reason you went to
Merritt is for Diane Perkins.
598
00:32:30,627 --> 00:32:33,293
That has nothing to do with
me being drugged and raped.
599
00:32:33,293 --> 00:32:35,303
It had a lot to do
with why you were raped.
600
00:32:35,303 --> 00:32:36,838
You want to know
why I went back?
601
00:32:36,838 --> 00:32:38,462
I sent Diane to Merritt.
602
00:32:38,462 --> 00:32:40,202
My gynecologist
wouldn't see her,
603
00:32:40,202 --> 00:32:41,868
and I bought
into his reputation.
604
00:32:41,868 --> 00:32:44,970
The awards, the articles.
I was responsible.
605
00:32:44,970 --> 00:32:48,073
But you did it the wrong way. If
you suspected she was molested,
606
00:32:48,073 --> 00:32:49,583
you should have gone
to the police.
607
00:32:49,583 --> 00:32:51,643
With what?
She refused to come forward.
608
00:32:51,643 --> 00:32:54,712
I didn't know whether to believe
her. She's been delusional
609
00:32:54,712 --> 00:32:58,226
and she certainly couldn't have
testified against the esteemed doctor.
610
00:32:58,226 --> 00:32:59,955
She tried to kill herself, Ben.
611
00:32:59,955 --> 00:33:02,964
You of all people should know
the importance of full disclosure.
612
00:33:02,964 --> 00:33:04,159
You had a legal obligation.
613
00:33:04,159 --> 00:33:05,929
I had an obligation
to my patient.
614
00:33:05,929 --> 00:33:08,698
And in my profession,
that's all that counts.
615
00:33:14,578 --> 00:33:15,977
It happens.
616
00:33:15,977 --> 00:33:18,571
Especially with someone
like Dr. Merritt.
617
00:33:18,571 --> 00:33:21,913
I mean, women just fall
for their gynecologists.
618
00:33:21,913 --> 00:33:24,452
Was Miss Olivet
one of these women?
619
00:33:24,888 --> 00:33:26,082
I guess so.
620
00:33:26,082 --> 00:33:28,215
Miss Gregg,
describe for us exactly
621
00:33:28,215 --> 00:33:30,521
how Miss Olivet
acted toward Dr. Merritt.
622
00:33:30,827 --> 00:33:32,556
She got very personal.
623
00:33:32,556 --> 00:33:35,097
And isn't getting personal
part of the examination?
624
00:33:35,097 --> 00:33:37,927
No. It was different.
The way she talked.
625
00:33:37,927 --> 00:33:40,196
She was definitely
interested in more
626
00:33:40,196 --> 00:33:42,170
than an examination
from Dr. Merritt.
627
00:33:42,170 --> 00:33:43,296
Objection.
628
00:33:43,296 --> 00:33:44,465
Sustained.
629
00:33:44,465 --> 00:33:46,338
No more questions.
630
00:33:47,777 --> 00:33:51,680
Miss Gregg, how long have
you worked for Dr. Merritt?
631
00:33:52,617 --> 00:33:54,414
Almost three years.
632
00:33:54,414 --> 00:33:56,110
And what is your annual salary?
633
00:33:56,554 --> 00:33:58,146
$40,000.
634
00:33:58,146 --> 00:33:59,746
Are you a registered nurse?
635
00:33:59,746 --> 00:34:00,882
No.
636
00:34:00,882 --> 00:34:02,425
And if Dr. Merritt
were convicted
637
00:34:02,425 --> 00:34:05,121
would you be making that much
money with any other doctor?
638
00:34:05,121 --> 00:34:06,254
Objection.
639
00:34:06,254 --> 00:34:07,456
Withdrawn.
640
00:34:07,665 --> 00:34:10,133
Of course you didn't hear
the flirtations on the tape
641
00:34:10,133 --> 00:34:13,034
that occurred in my office,
prior to the examination.
642
00:34:13,034 --> 00:34:16,470
Was this the first time
she was friendly?
643
00:34:16,470 --> 00:34:20,600
Miss Olivet's dialogue was
suggestive from the moment we met.
644
00:34:20,600 --> 00:34:23,236
As a matter of fact, she
called me earlier in the day
645
00:34:23,236 --> 00:34:26,249
and it wasrt about
her scheduled appointment.
646
00:34:26,450 --> 00:34:29,385
I shouldn't have made love
to her. I realize that.
647
00:34:29,385 --> 00:34:32,945
I regret it. But there's no
way in hell that I raped her.
648
00:34:32,945 --> 00:34:34,821
Thank you, Doctor.
649
00:34:35,794 --> 00:34:39,230
Doctor, your nurse,
Miss Gregg, testified
650
00:34:40,432 --> 00:34:44,801
that many of your patients become
suggestive with you, is that true?
651
00:34:45,604 --> 00:34:46,593
Yes.
652
00:34:46,593 --> 00:34:49,869
Was Dr. Olivet the only one
you ever had sex with?
653
00:34:50,075 --> 00:34:51,201
Objection. Relevance.
654
00:34:51,201 --> 00:34:54,040
Offered to show defendant's
predisposition, Your Honor.
655
00:34:54,040 --> 00:34:57,104
The defendant is predisposed to
have sex. He is a human being.
656
00:34:57,104 --> 00:34:59,878
The issue here is whether
he had non-consensual sex.
657
00:34:59,878 --> 00:35:01,316
Sustained.
658
00:35:02,354 --> 00:35:05,016
Then tell me about
your second wife, Doctor.
659
00:35:05,016 --> 00:35:08,786
Specifically, why she killed
herself wearing a leather hood.
660
00:35:08,786 --> 00:35:10,487
Objection. Relevance.
661
00:35:10,487 --> 00:35:12,426
Your Honor, the defendant tends
662
00:35:12,426 --> 00:35:14,431
towards aberrant
sexual practices.
663
00:35:14,431 --> 00:35:18,595
And this is offered to show his
predisposition to criminal sexual behavior.
664
00:35:18,595 --> 00:35:20,002
Approach.
665
00:35:22,975 --> 00:35:25,773
Whatever my client may have
done with consenting adults
666
00:35:25,773 --> 00:35:28,006
is not criminal
sexual behavior.
667
00:35:28,006 --> 00:35:31,015
The mars hobbies
are not relevant.
668
00:35:31,015 --> 00:35:33,484
Try it again, and you're
looking at a mistrial.
669
00:35:35,288 --> 00:35:36,414
The objection is sustained.
670
00:35:36,414 --> 00:35:39,549
The jury will disregard
the preceding question.
671
00:35:45,031 --> 00:35:48,364
Dr. Olivet testified
that after the injection
672
00:35:48,364 --> 00:35:50,959
she was left immobile,
nearly unconscious.
673
00:35:50,959 --> 00:35:54,473
Is that a typical reaction
to an anesthetic, Doctor?
674
00:35:55,641 --> 00:35:58,007
Some people
have allergic reactions.
675
00:35:58,007 --> 00:36:00,602
I gave her a local.
A small dosage of lidocaine.
676
00:36:00,602 --> 00:36:02,011
It was for her own benefit.
677
00:36:02,011 --> 00:36:05,073
Do you usually anaesthetize
your partners before sex, Doctor?
678
00:36:05,073 --> 00:36:06,210
Objection.
679
00:36:06,210 --> 00:36:07,310
Withdrawn.
680
00:36:07,988 --> 00:36:10,013
Do you call all
your women bitches, Doctor?
681
00:36:10,013 --> 00:36:11,079
Your Honor!
682
00:36:11,079 --> 00:36:12,955
Enough, Mr. Stone.
683
00:36:17,531 --> 00:36:19,522
Madam Forewoman,
have you reached a verdict?
684
00:36:19,522 --> 00:36:20,624
We have, Your Honor.
685
00:36:20,624 --> 00:36:22,191
On the sole count
of the indictment,
686
00:36:22,191 --> 00:36:24,169
Rape in the First Degree,
how do you find?
687
00:36:24,371 --> 00:36:26,464
We find the defendant guilty.
688
00:36:37,752 --> 00:36:39,049
Is this unanimous?
689
00:36:39,049 --> 00:36:40,451
It is, Your Honor.
690
00:36:40,889 --> 00:36:43,585
It is your job to listen
to all of the evidence,
691
00:36:43,585 --> 00:36:46,024
not pick and choose
at your whim.
692
00:36:46,861 --> 00:36:48,829
The evidence
clearly established
693
00:36:48,829 --> 00:36:50,955
that but for the actions
of the police,
694
00:36:50,955 --> 00:36:55,060
Dr. Merritt would never have formed
the requisite criminal intent.
695
00:36:55,060 --> 00:36:57,503
And the State
utterly failed to demonstrate
696
00:36:57,503 --> 00:36:59,165
that the defendant
was predisposed
697
00:36:59,165 --> 00:37:00,367
to criminal behavior.
698
00:37:00,367 --> 00:37:01,500
Your Honor...
699
00:37:01,500 --> 00:37:02,805
When a respected doctor
700
00:37:02,805 --> 00:37:05,506
without any prior tendency
towards criminal behavior
701
00:37:05,506 --> 00:37:08,311
is induced,
and very possibly seduced,
702
00:37:08,311 --> 00:37:10,784
into committing a crime,
it's an outrage.
703
00:37:11,387 --> 00:37:13,048
I, for one,
will not ruin a mars life
704
00:37:13,048 --> 00:37:15,613
because the police
overstepped their bounds
705
00:37:16,125 --> 00:37:18,093
and a jury is too blinded
by graphic photos
706
00:37:18,093 --> 00:37:20,560
and emotional testimony
to see it.
707
00:37:21,397 --> 00:37:24,457
As such, I'm entering
a trial order of dismissal.
708
00:37:39,115 --> 00:37:41,208
He could just disregard
the jury's verdict?
709
00:37:41,208 --> 00:37:43,650
If he feels the jury
disregarded the facts presented,
710
00:37:43,650 --> 00:37:44,778
yes, he can.
711
00:37:44,778 --> 00:37:46,914
Yup. We should've
seen it coming.
712
00:37:46,914 --> 00:37:51,552
Hon. Keith Silver wrote the book
On the Rights of the Accused.
713
00:37:52,128 --> 00:37:55,359
He thinks Miranda
five pages too short.
714
00:37:55,359 --> 00:37:57,865
So Merritt
just walks away scot-free?
715
00:37:57,865 --> 00:37:59,230
Oh, there's got to be others.
716
00:37:59,230 --> 00:38:00,792
What about that Perkins woman?
717
00:38:00,792 --> 00:38:03,032
I can't imagine
what a trial would do to her.
718
00:38:03,032 --> 00:38:05,574
She's still unable to tell me
exactly what happened.
719
00:38:05,574 --> 00:38:07,405
What do we know
about that nurse?
720
00:38:07,405 --> 00:38:09,377
I know she lied
for him on the stand.
721
00:38:09,377 --> 00:38:11,607
Job's that good,
it's won'th jail time?
722
00:38:11,607 --> 00:38:13,342
You think he's got
something on her?
723
00:38:13,342 --> 00:38:14,781
I thought you can't retry him.
724
00:38:14,781 --> 00:38:18,514
Not for what he did to you, but we
do know the doctor has a history.
725
00:38:18,514 --> 00:38:20,488
Check out Nurse Gregg.
726
00:38:23,261 --> 00:38:27,129
Miriam Gregg. It's no wonder she's
attracted to the medical profession.
727
00:38:27,129 --> 00:38:29,496
Two drug convictions,
using and selling,
728
00:38:29,496 --> 00:38:31,831
mostly prescription,
mostly Percodan.
729
00:38:31,831 --> 00:38:34,530
I'm sure Dr. Merritt has
an unlimited supply of that.
730
00:38:34,530 --> 00:38:36,698
So he bought her help
and protection.
731
00:38:36,698 --> 00:38:38,674
She prepared the syringe.
732
00:38:38,674 --> 00:38:41,405
She knows it was a sedative
not an anesthetic.
733
00:38:41,405 --> 00:38:44,971
Unfortunately, the drug scan
can't confirm anything.
734
00:38:44,971 --> 00:38:47,142
Well, maybe Nurse Gregg
is not up-to-date
735
00:38:47,142 --> 00:38:49,379
on the latest
in forensic science.
736
00:38:51,289 --> 00:38:53,450
You're accusing me of rape?
737
00:38:53,450 --> 00:38:57,016
Gee, sorry, fellows, but I like
my sex the old-fashioned way.
738
00:38:57,016 --> 00:38:58,618
No, I'm sorry, Miss Gregg.
739
00:38:58,618 --> 00:39:01,631
You prepared the syringe
and it wasrt an anesthetic.
740
00:39:01,631 --> 00:39:03,690
Makes you an accomplice.
741
00:39:03,690 --> 00:39:05,530
You can't prove anything.
742
00:39:05,530 --> 00:39:07,832
Science is a wonderful thing,
Miss Gregg.
743
00:39:07,832 --> 00:39:10,739
FBI tells us that the new
gas chromatography tests
744
00:39:10,739 --> 00:39:13,539
can prove that it was
a sedative in the syringe.
745
00:39:14,680 --> 00:39:18,081
The good news is that your
Percodan supply's dried up.
746
00:39:18,081 --> 00:39:20,447
Better news is that
we have enough evidence
747
00:39:20,447 --> 00:39:22,749
to prosecute you for Rape One.
748
00:39:27,192 --> 00:39:30,684
You mean he gets his jollies,
and I have to go to jail?
749
00:39:30,684 --> 00:39:32,195
For at least 25 years.
750
00:39:32,195 --> 00:39:35,062
We're not talking
about only one count.
751
00:39:36,435 --> 00:39:40,929
But, wait a minute. That Perkins
woman, he did that on his own.
752
00:39:48,613 --> 00:39:50,706
If I was raped
why don't I remember?
753
00:39:50,706 --> 00:39:52,943
You know, I think
I'd remember being raped.
754
00:39:53,619 --> 00:39:55,917
I wanted to shut it out, too.
755
00:39:56,422 --> 00:39:58,947
Just act like
it was a bad dream.
756
00:40:05,398 --> 00:40:07,457
It won't go away, Diane.
757
00:40:09,869 --> 00:40:12,133
I think it was someone else.
758
00:40:12,872 --> 00:40:14,772
I don't think
it happened to me.
759
00:40:14,772 --> 00:40:16,240
I know.
760
00:40:18,311 --> 00:40:20,643
I felt like
it was someone else, too.
761
00:40:21,681 --> 00:40:23,478
Like I didn't exist.
762
00:40:31,157 --> 00:40:32,146
I...
763
00:40:33,493 --> 00:40:35,791
I had these terrible cramps.
764
00:40:36,963 --> 00:40:38,795
What kind of cramps?
765
00:40:40,100 --> 00:40:41,624
I don't know.
766
00:40:45,572 --> 00:40:49,668
He was sweating,
and all I could think of was:
767
00:40:50,644 --> 00:40:55,240
It's not hot in here.
Why is he sweating?
768
00:40:58,452 --> 00:41:00,716
My feet were in the stirrups.
769
00:41:00,716 --> 00:41:03,018
L... I tried to get away
but I... I couldn't.
770
00:41:05,993 --> 00:41:08,018
He just left me there
771
00:41:10,964 --> 00:41:13,091
with my legs up.
772
00:41:17,137 --> 00:41:19,697
He didn't say anything.
773
00:41:21,508 --> 00:41:24,945
He just snapped off his gloves.
774
00:41:25,647 --> 00:41:30,516
He threw them away,
and he walked out.
775
00:41:32,954 --> 00:41:37,891
He left me there like I
was a piece of garbage.
776
00:41:41,996 --> 00:41:44,123
It wasrt your fault, Diane.
777
00:41:53,808 --> 00:41:54,672
She remembers,
778
00:41:54,672 --> 00:41:57,302
but putting her on the stand
would be disastrous for her.
779
00:41:57,302 --> 00:41:58,845
With the nurse to corroborate,
780
00:41:58,845 --> 00:42:00,403
all she has to do
is say it happened.
781
00:42:00,403 --> 00:42:02,347
Merritt's lawyer
will destroy her.
782
00:42:02,347 --> 00:42:05,011
She thinks she's responsible.
She thinks she seduced him.
783
00:42:05,011 --> 00:42:06,144
That's ridiculous.
784
00:42:06,144 --> 00:42:07,210
It's typical.
785
00:42:07,210 --> 00:42:09,757
Without her testimony, Liz,
we can't prosecute.
786
00:42:09,757 --> 00:42:13,350
After he raped me, he just
smiled and left the room.
787
00:42:13,350 --> 00:42:16,227
After the acquittal
he had that same damn smile.
788
00:42:16,227 --> 00:42:19,199
It was like he was bragging
to everyone in the room.
789
00:42:19,199 --> 00:42:20,997
"I did it
and I got away with it
790
00:42:20,997 --> 00:42:23,197
and there's nothing
anyone can do."
791
00:42:23,739 --> 00:42:25,832
You mean,
bragging is part of this?
792
00:42:25,832 --> 00:42:28,706
It's what makes
his conquest complete.
793
00:42:31,447 --> 00:42:34,883
Call Cerreta and Logan,
and have Dr. Merritt arrested.
794
00:42:34,883 --> 00:42:36,281
Ben, I told you...
795
00:42:36,281 --> 00:42:37,910
Diane won't have to testify.
796
00:42:38,254 --> 00:42:40,848
And make sure
that the local news knows
797
00:42:40,848 --> 00:42:42,982
when Merritt will be arraigned.
798
00:42:46,262 --> 00:42:48,628
Do you think you'll be
successful this time?
799
00:42:48,628 --> 00:42:51,029
I don't go forward
unless I think I have a case.
800
00:42:51,029 --> 00:42:52,931
Yeah, but is it a good case?
801
00:42:52,931 --> 00:42:54,229
What's the problem?
802
00:42:54,229 --> 00:42:56,738
Dr. Merritt's guilty.
Why has it been so difficult
803
00:42:56,738 --> 00:42:58,797
to successfully prosecute him?
804
00:42:58,797 --> 00:43:00,638
It's the same
with most rape cases.
805
00:43:00,638 --> 00:43:02,574
Even more so
when doctors are involved.
806
00:43:02,574 --> 00:43:04,944
The victims feel disgraced.
They feel guilty
807
00:43:04,944 --> 00:43:07,245
and they're ashamed
to come forward.
808
00:43:07,245 --> 00:43:08,716
There's Dr. Merritt.
809
00:43:08,716 --> 00:43:10,047
Excuse me.
810
00:43:10,047 --> 00:43:12,953
Doctor, will you be exonerated
of all charges?
811
00:43:13,723 --> 00:43:15,884
Could we get
a statement please?
812
00:43:15,884 --> 00:43:17,894
I assure you,
I've done nothing wrong.
813
00:43:17,894 --> 00:43:19,862
I treat women,
I don't rape them.
814
00:43:19,862 --> 00:43:21,990
Women respect me.
It's been my success.
815
00:43:21,990 --> 00:43:25,160
Look, this is a vendetta by the
DA's office, pure and simple.
816
00:43:25,160 --> 00:43:27,864
This case
will never get to trial.
817
00:43:28,339 --> 00:43:29,897
Arrogant SOB.
818
00:43:29,897 --> 00:43:31,942
He can afford it.
He's one for one.
819
00:43:31,942 --> 00:43:35,342
You telling the world that we don't
have a case only feeds his ego.
820
00:43:35,342 --> 00:43:36,437
We're working on it, Adam.
821
00:43:36,437 --> 00:43:37,503
We'll have a case.
822
00:43:37,503 --> 00:43:39,015
I hope to hell we do.
823
00:43:39,015 --> 00:43:42,918
Or we'll all be dancing in front
of the disciplinary committee.
824
00:43:43,655 --> 00:43:45,122
I hope this works.
825
00:43:45,122 --> 00:43:48,182
A lot of people watch
the 6:00 news, Paul.
826
00:43:53,165 --> 00:43:54,257
You pursue this, Ben,
827
00:43:54,257 --> 00:43:55,857
I'm going to
the appellate division.
828
00:43:55,857 --> 00:43:57,162
Retaliatory prosecution.
829
00:43:57,162 --> 00:43:59,670
If you are lucky, my dear,
you will just get disbarred.
830
00:43:59,670 --> 00:44:00,864
You do what you have to do.
831
00:44:00,864 --> 00:44:02,907
You've been humiliated
in court once,
832
00:44:02,907 --> 00:44:04,602
and that was with
a Ph. D. On the stand.
833
00:44:04,602 --> 00:44:07,543
Can you imagine what happens with
a psychopath and a drug addict?
834
00:44:07,543 --> 00:44:10,446
Please, Ben, drop the
charges against Dr. Merritt.
835
00:44:10,816 --> 00:44:12,909
Consider saving
your own career.
836
00:44:12,909 --> 00:44:15,476
When I was a boy
I collected baseball cards.
837
00:44:15,476 --> 00:44:16,748
And there was this one kid
838
00:44:16,748 --> 00:44:20,815
who convinced me to trade a
Duke Snider for a Gene Hermanski.
839
00:44:21,360 --> 00:44:22,952
He said it was a good deal.
840
00:44:22,952 --> 00:44:24,461
What the hell does that mean?
841
00:44:24,461 --> 00:44:25,928
I learned the hard way.
842
00:44:25,928 --> 00:44:28,797
For a deal to be good, there
has to be equal consideration.
843
00:44:28,797 --> 00:44:31,837
And there's no way you can
cough up enough consideration
844
00:44:31,837 --> 00:44:33,235
to justify a deal for him.
845
00:44:33,873 --> 00:44:35,238
Why?
846
00:44:37,310 --> 00:44:40,905
Fifty-four women you either
raped, molested, or abused.
847
00:44:47,887 --> 00:44:50,447
In the future, sir,
stay off the evening news.
848
00:45:05,004 --> 00:45:07,598
Okay, Ben, what do you want?
849
00:45:09,342 --> 00:45:11,868
In a perfect world,
I'd like to see your client
850
00:45:11,868 --> 00:45:15,073
locked in a room for a week
with these women.
851
00:45:15,883 --> 00:45:17,180
But I'll settle for seeing him
852
00:45:17,180 --> 00:45:19,310
spend the rest
of his life in jail.
853
00:45:34,335 --> 00:45:35,893
I'm faking it.
854
00:45:39,073 --> 00:45:40,563
Faking what?
855
00:45:44,178 --> 00:45:47,739
I was halfway through a session
this morning with this woman
856
00:45:47,739 --> 00:45:50,749
when I realized
I hadrt been listening.
857
00:45:52,786 --> 00:45:55,118
I hadrt heard what she said.
858
00:45:57,392 --> 00:45:58,791
It happens.
859
00:46:03,798 --> 00:46:05,732
Doesrt happen to me.
860
00:46:11,806 --> 00:46:13,239
It'll pass.
861
00:46:20,081 --> 00:46:21,412
Will it?
65605
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