1 00:00:00,930 --> 00:00:02,670 NARRATOR: In the criminal justice system 2 00:00:02,730 --> 00:00:06,650 the people are represented by two separate yet equally important groups, 3 00:00:06,700 --> 00:00:08,510 the police who investigate crime 4 00:00:08,570 --> 00:00:11,380 and the district attorneys who prosecute the offenders. 5 00:00:11,440 --> 00:00:13,220 These are their stories. 6 00:00:13,680 --> 00:00:15,850 My baby, I can't wake him. He's not breathing. 7 00:00:15,910 --> 00:00:16,910 Was he choking? I don't know. 8 00:00:16,980 --> 00:00:19,120 I came to change his diaper, and he wouldn't wake up. 9 00:00:19,180 --> 00:00:20,390 ANDERSON: This kid wears diapers? 10 00:00:20,450 --> 00:00:21,950 He's a quadriplegic. Help him! 11 00:00:22,020 --> 00:00:23,020 Get an airway. CARSON: Right. 12 00:00:23,090 --> 00:00:24,660 Can I get a hand with the O2? CARSON: Got it. 13 00:00:27,820 --> 00:00:29,390 Here we go. Pupils fixed. 14 00:00:29,460 --> 00:00:31,170 You got a... No, nothing. 15 00:00:31,730 --> 00:00:34,330 This kid's blue. Temp is way down. 16 00:00:35,000 --> 00:00:36,170 Mom, what's wrong with Mikey? 17 00:00:36,230 --> 00:00:37,570 I don't know, honey. 18 00:00:37,630 --> 00:00:38,980 This kid's gone. Still nothing. 19 00:00:39,030 --> 00:00:40,070 You're not giving up! 20 00:00:40,140 --> 00:00:41,380 We're not stopping. 21 00:00:41,440 --> 00:00:42,740 Three, four, five. 22 00:00:42,800 --> 00:00:44,510 There's something wrong here. 23 00:00:44,570 --> 00:00:46,020 I think you need to call Homicide. 24 00:00:46,070 --> 00:00:47,450 Increasing the rate. 25 00:00:51,710 --> 00:00:52,890 Are you guys the detectives? 26 00:00:52,950 --> 00:00:54,050 We're undercover. 27 00:00:54,580 --> 00:00:56,560 Special jaywalking duty on 14th Street. 28 00:00:56,620 --> 00:00:59,120 He's got writer's cramp. Must've given out 20 tickets. 29 00:00:59,190 --> 00:01:00,190 What's this about? 30 00:01:00,260 --> 00:01:03,900 Michael Sutter, 12. His mother says he was paralyzed from the neck down. 31 00:01:03,960 --> 00:01:07,200 She's the one that called 911 at 5:17. 32 00:01:07,260 --> 00:01:08,940 The paramedics pronounced him dead. 33 00:01:09,800 --> 00:01:11,940 So a sick kid dies. Why call us? 34 00:01:12,630 --> 00:01:14,510 Ask him. HOWE: Check his lips. 35 00:01:14,970 --> 00:01:16,210 Blue tint. 36 00:01:16,270 --> 00:01:19,880 Cyanosis. Kid's got micro-hemorrhaging in both eyes. 37 00:01:20,310 --> 00:01:22,150 Suffocated? Looks that way. 38 00:01:22,240 --> 00:01:23,250 LOIS: No, you're wrong. 39 00:01:23,310 --> 00:01:26,450 You must be wrong. Nobody could have done that. 40 00:01:26,520 --> 00:01:29,020 I was alone with him all afternoon. 41 00:01:29,080 --> 00:01:31,890 Why don't you take Mrs. Sutter and her daughter to the living room? 42 00:01:35,160 --> 00:01:37,070 Did I just hear a confession? 43 00:02:27,810 --> 00:02:31,450 Michael used to be all straight As. Played soccer. 44 00:02:32,310 --> 00:02:35,160 But then Dad took him skiing two years ago. 45 00:02:35,220 --> 00:02:37,420 They were driving back, and hit some ice. 46 00:02:38,120 --> 00:02:41,030 There was only one airbag. Dad's. 47 00:02:41,790 --> 00:02:44,700 Was anybody else here when your mother found Michael? 48 00:02:44,760 --> 00:02:47,470 Just Mom. We don't get a lot of company. 49 00:02:47,760 --> 00:02:49,170 What about your dad? 50 00:02:49,230 --> 00:02:51,370 He was working. On Long Island. 51 00:02:52,000 --> 00:02:54,040 He's a landscape engineer. 52 00:02:54,100 --> 00:02:56,050 And where were you this afternoon? 53 00:02:58,440 --> 00:03:03,120 After school, I hung out with some friends, 54 00:03:03,810 --> 00:03:06,620 and then I had to pick up some groceries. 55 00:03:07,280 --> 00:03:10,730 Then I came home, and... 56 00:03:12,020 --> 00:03:13,520 And he was... 57 00:03:13,590 --> 00:03:16,190 Michael's care is your mother's responsibility? 58 00:03:16,690 --> 00:03:20,100 The insurance stopped covering the health care worker, 59 00:03:20,160 --> 00:03:22,610 so Mom had to quit her counseling job. 60 00:03:22,660 --> 00:03:24,740 Your mom get along with Michael? 61 00:03:24,800 --> 00:03:27,410 Nobody gets along with Michael. 62 00:03:27,770 --> 00:03:29,910 His brain was like a baby's. 63 00:03:32,140 --> 00:03:34,380 We were at the hospital today. 64 00:03:35,380 --> 00:03:38,120 Every Tuesday he goes for dialysis. 65 00:03:39,980 --> 00:03:42,480 We came home around 3:00. 66 00:03:44,220 --> 00:03:47,360 He fell asleep on the way back in the van. 67 00:03:48,420 --> 00:03:52,170 And from 3:00 until you found him, did you check in on him? 68 00:03:54,460 --> 00:03:58,540 Do you do this kind of questioning after every family tragedy? 69 00:03:59,270 --> 00:04:00,910 Only when we need answers. 70 00:04:00,970 --> 00:04:03,610 So you never went out for coffee or anything? 71 00:04:04,440 --> 00:04:06,110 I went to pick up the paper. 72 00:04:06,170 --> 00:04:08,150 I wasn't gone more than five minutes. 73 00:04:08,210 --> 00:04:09,450 And nobody dropped by? 74 00:04:09,510 --> 00:04:10,720 Nobody. 75 00:04:11,910 --> 00:04:14,360 You take care of your son by yourself. You gave up your career? 76 00:04:15,120 --> 00:04:16,530 It was no sacrifice. 77 00:04:16,590 --> 00:04:19,290 You were holed up with your kid for two years. 78 00:04:19,350 --> 00:04:20,890 You couldn't have been too happy about it. 79 00:04:21,120 --> 00:04:22,900 What are you saying? 80 00:04:23,630 --> 00:04:25,230 You think I killed him? 81 00:04:27,130 --> 00:04:28,970 Michael was my son. 82 00:04:30,230 --> 00:04:32,470 He was a sick little boy. 83 00:04:33,000 --> 00:04:36,510 He just died. God just took my boy away! 84 00:04:40,010 --> 00:04:41,320 Kid was a quadriplegic. 85 00:04:41,380 --> 00:04:42,880 Could he have just stopped breathing? 86 00:04:42,940 --> 00:04:45,290 The M.E. says that if somebody hadn't suffocated him, 87 00:04:45,350 --> 00:04:47,350 he would've kept on breathing for another 60 years. 88 00:04:47,420 --> 00:04:50,400 And there were no marks? No abrasions around his mouth or nose? 89 00:04:50,450 --> 00:04:53,230 No. It wouldn't have taken much pressure. Probably a pillow. 90 00:04:53,290 --> 00:04:57,930 M.E.'s preliminary report sets the time of death around 3:30, 4:00. 91 00:04:57,990 --> 00:05:00,940 Well, the call to 911 came in at 5:17. 92 00:05:01,000 --> 00:05:02,940 That gives Mom plenty of time to clean up. 93 00:05:03,000 --> 00:05:04,240 So the mother might have tampered 94 00:05:04,300 --> 00:05:06,110 with evidence that might have existed. 95 00:05:06,170 --> 00:05:08,480 Unless somebody came in while she was out getting the paper, 96 00:05:08,540 --> 00:05:10,280 and did her the favor of killing the kid. 97 00:05:10,340 --> 00:05:13,680 Well, so far, she's the only one with the boy all afternoon. 98 00:05:13,740 --> 00:05:16,780 Did he get any kind of insurance settlement? Maybe in trust? 99 00:05:16,850 --> 00:05:19,160 Single car accident. Nobody to sue. 100 00:05:19,210 --> 00:05:22,090 The insurance covers most of the medical bills, but that's it. 101 00:05:22,150 --> 00:05:23,150 What's the daughter think? 102 00:05:23,420 --> 00:05:25,060 That Mom's not a happy camper. 103 00:05:25,420 --> 00:05:26,660 See if Mr. Sutter agrees. 104 00:05:27,960 --> 00:05:31,230 And, guys, about this jaywalking assignment, 105 00:05:31,290 --> 00:05:32,400 it came from the top. 106 00:05:32,460 --> 00:05:34,630 It's all about my lawsuit. I'm sorry. 107 00:05:37,800 --> 00:05:41,110 It's not natural, picking out a casket for your son. 108 00:05:41,570 --> 00:05:44,850 Salesman starts telling me about mahogany and hardware, 109 00:05:44,910 --> 00:05:47,720 like I'm comparison shopping or something. 110 00:05:47,780 --> 00:05:49,410 We appreciate how hard this is for you. 111 00:05:49,480 --> 00:05:50,510 (SIGHS) 112 00:05:50,580 --> 00:05:52,180 Mrs. Sutter, she was the one 113 00:05:52,250 --> 00:05:53,820 who usually took care of Michael? 114 00:05:53,880 --> 00:05:56,450 Well, I did what I could on the weekends. 115 00:05:56,520 --> 00:05:59,590 Was your wife resentful about being stuck at home? 116 00:06:00,960 --> 00:06:03,440 You know, Lois warned me about you guys. 117 00:06:04,060 --> 00:06:06,940 Look, if she were happy about it, she'd be a fool. 118 00:06:07,000 --> 00:06:08,670 She quit being a social worker, 119 00:06:08,730 --> 00:06:10,140 I quit going for overtime, 120 00:06:10,200 --> 00:06:13,810 which has made us practically broke, as I'm sure you know by now. 121 00:06:13,870 --> 00:06:15,640 Mr. Sutter, we're trying to be fair. 122 00:06:15,700 --> 00:06:18,380 But your wife was home, and your son was murdered. 123 00:06:18,440 --> 00:06:19,580 I don't believe that. 124 00:06:19,640 --> 00:06:21,750 Well, can you think of anyone else who would want to hurt Michael? 125 00:06:21,810 --> 00:06:24,050 Nobody wanted to hurt Michael. 126 00:06:24,350 --> 00:06:27,620 I mean, maybe somebody broke in when Lois stepped out. 127 00:06:27,680 --> 00:06:28,850 Tried to rob the place. 128 00:06:28,920 --> 00:06:30,020 There was no sign of that. 129 00:06:30,090 --> 00:06:32,220 I mean, you didn't find anything missing, right? 130 00:06:32,290 --> 00:06:35,130 Anyone outside of your family have a key to your apartment? 131 00:06:35,190 --> 00:06:36,600 There's our neighbors, the Hodges. 132 00:06:36,660 --> 00:06:40,500 I think they still have a key. But they didn't kill Michael, either. 133 00:06:41,600 --> 00:06:43,010 He was a nice boy. 134 00:06:43,700 --> 00:06:47,150 You know, Joe blamed himself for what happened, driving so fast. 135 00:06:47,640 --> 00:06:49,510 Next drawer over. 136 00:06:49,670 --> 00:06:51,310 Joe saved the boy's life. 137 00:06:51,670 --> 00:06:53,910 Gave him CPR for half an hour. 138 00:06:53,980 --> 00:06:55,680 Could the key be missing? 139 00:06:55,740 --> 00:06:58,050 No, no, no. It's in here someplace. 140 00:07:00,180 --> 00:07:02,490 Did you see any of the Sutters Tuesday afternoon? 141 00:07:02,550 --> 00:07:05,000 I said hi when Lois brought Michael home from the hospital. 142 00:07:05,050 --> 00:07:06,460 I was on my way out. 143 00:07:06,520 --> 00:07:09,800 Tuesdays it's ceramics, and today it was art class. 144 00:07:09,860 --> 00:07:12,740 I tried to encourage Lois to do that. 145 00:07:13,260 --> 00:07:16,110 Bridge, book club, something. 146 00:07:16,630 --> 00:07:19,640 I know she started going to a dance studio right around the corner. 147 00:07:20,240 --> 00:07:23,710 She needs to get out. No one should have such tsuris. 148 00:07:24,140 --> 00:07:25,640 Here it is. 149 00:07:26,110 --> 00:07:28,750 She was pretty bitter, huh? Alone with Michael all day? 150 00:07:29,440 --> 00:07:30,550 She seemed happier lately. 151 00:07:30,610 --> 00:07:33,650 That's the makeup. She started painting her face again. 152 00:07:33,720 --> 00:07:36,130 Can't change the inside, you change the outside. 153 00:07:38,750 --> 00:07:41,060 (SLOW INSTRUMENTAL MUSIC PLAYING) 154 00:07:41,120 --> 00:07:43,360 Would you two like to be fixed up with partners? 155 00:07:43,430 --> 00:07:46,960 No, we're together. You have a student named Lois Sutter? 156 00:07:47,900 --> 00:07:51,640 Lois? Yes. Yes. She comes every Friday afternoon. 157 00:07:51,700 --> 00:07:52,970 How long she been coming here? 158 00:07:53,030 --> 00:07:54,810 About three months now. 159 00:07:54,870 --> 00:07:56,780 Quite talented. She's moved up to intermediate. 160 00:07:56,840 --> 00:07:59,320 I mean, really, she's a natural at salsa and tango. 161 00:07:59,370 --> 00:08:01,410 Any particular student she's friendly with? 162 00:08:01,480 --> 00:08:03,790 I couldn't say. I teach beginners. 163 00:08:04,210 --> 00:08:07,850 Mr. Gilbert teaches the Latin steps, but he's off today. 164 00:08:07,920 --> 00:08:09,020 I'm sure he'd know. 165 00:08:09,080 --> 00:08:10,620 He sometimes shares a cab with her. 166 00:08:11,490 --> 00:08:14,300 Excuse me. Something I really have to put a stop to. 167 00:08:15,020 --> 00:08:17,440 She shares a taxi for a half-a-block ride? 168 00:08:17,490 --> 00:08:20,200 I'm guessing Gilbert's bedroom's a little further away. 169 00:08:21,330 --> 00:08:23,940 (MUSIC PLAYING) Who I share a taxi with is none of your business. 170 00:08:24,000 --> 00:08:26,310 And I haven't done anything improper with any of my students. 171 00:08:26,370 --> 00:08:29,010 Maybe we should get them all together for a teacher evaluation. 172 00:08:29,070 --> 00:08:30,780 Yeah, women are a little harder to charm 173 00:08:30,840 --> 00:08:33,180 when they find out they're number 12 in the conga line. 174 00:08:33,240 --> 00:08:35,550 I teach dance. It's sensual. 175 00:08:35,610 --> 00:08:37,110 It's only natural that bonds would form. (MUSIC STOPS) 176 00:08:37,480 --> 00:08:38,720 With Lois Sutter? 177 00:08:39,180 --> 00:08:42,420 Mr. Gilbert, we're not the press corps, and you're not the President. 178 00:08:42,480 --> 00:08:43,720 We need an honest answer. 179 00:08:43,790 --> 00:08:46,530 It's not what you think. We've grown very close. 180 00:08:46,890 --> 00:08:48,930 Close enough she'd share confidences about her family? 181 00:08:48,990 --> 00:08:51,300 Yes. I'd say her husband doesn't understand her, 182 00:08:51,360 --> 00:08:53,000 but Lois's husband doesn't even know her. 183 00:08:53,060 --> 00:08:54,670 CURTIS: What about her son? She talk about him, too? 184 00:08:54,730 --> 00:08:56,270 Husband, son, her daughter. 185 00:08:56,330 --> 00:08:57,540 She wanted out of that situation. 186 00:08:58,130 --> 00:08:59,270 She told you that? 187 00:08:59,330 --> 00:09:02,750 Foreplay generally consisted of letting her vent for half an hour. 188 00:09:02,800 --> 00:09:04,720 When she was here on Tuesday, it was the same drill. 189 00:09:04,770 --> 00:09:06,810 This Tuesday? What time? 190 00:09:06,880 --> 00:09:09,580 She came by mid-afternoon, around 3:30. 191 00:09:10,380 --> 00:09:11,410 She left at 4:40. 192 00:09:11,880 --> 00:09:13,480 You seem pretty sure about the time. 193 00:09:13,850 --> 00:09:15,560 Well, she looked at her watch. She said she had to go. 194 00:09:15,620 --> 00:09:16,990 Anybody see you two together? 195 00:09:17,050 --> 00:09:19,030 Well, the whole point was not to be seen. 196 00:09:19,090 --> 00:09:20,400 She checked her watch, huh? 197 00:09:20,660 --> 00:09:22,570 Guess you couldn't have been all that good. 198 00:09:25,360 --> 00:09:26,360 LOIS: Please don't tell my husband. 199 00:09:26,930 --> 00:09:28,740 It'll just kill him. 200 00:09:28,800 --> 00:09:30,040 Tell him what? 201 00:09:30,100 --> 00:09:32,540 About Gilbert, or that you killed your son? 202 00:09:32,600 --> 00:09:34,600 I did not kill Michael. 203 00:09:34,670 --> 00:09:38,010 No, you were too busy doing the horizontal cha-cha. 204 00:09:38,410 --> 00:09:39,410 Yes. 205 00:09:39,470 --> 00:09:42,480 It's a nice alibi, but we're not buying it. 206 00:09:42,780 --> 00:09:45,120 You wanted out of your marriage. No. 207 00:09:45,180 --> 00:09:48,960 You couldn't stand sleeping next to a guy who'd turned your son into a potted plant. 208 00:09:49,450 --> 00:09:50,860 As long as Michael was still alive, 209 00:09:50,920 --> 00:09:52,300 you didn't have the guts to walk out. 210 00:09:52,350 --> 00:09:54,700 No. No, please. 211 00:09:54,760 --> 00:09:57,500 How'd you do it? With a pillow? A blanket? 212 00:09:57,990 --> 00:09:59,730 Michael just died. 213 00:10:00,630 --> 00:10:03,610 Here's the Medical Examiner's report. Read what it says right here. 214 00:10:03,670 --> 00:10:05,910 "Hemorrhaging in his eyes, cyanosis," 215 00:10:05,970 --> 00:10:08,280 "depleted oxygen in his blood stream." 216 00:10:08,470 --> 00:10:10,350 You know what that means? 217 00:10:10,410 --> 00:10:11,710 That can't be Michael. 218 00:10:12,040 --> 00:10:13,820 "Michael B. Sutter." That's your son. 219 00:10:13,880 --> 00:10:15,950 "Death by manual asphyxiation." 220 00:10:17,310 --> 00:10:18,990 No, it can't be. 221 00:10:20,120 --> 00:10:21,290 That's impossible. 222 00:10:21,350 --> 00:10:23,390 It's right there in black and white. 223 00:10:23,920 --> 00:10:25,900 She couldn't have. Who? 224 00:10:28,690 --> 00:10:30,430 I can't believe she'd hurt him. 225 00:10:30,690 --> 00:10:31,730 Who'd hurt him? 226 00:10:31,790 --> 00:10:33,470 I left him with Stephanie. 227 00:10:33,530 --> 00:10:34,840 Your daughter? 228 00:10:35,160 --> 00:10:36,510 (SOBBING) Oh, God. 229 00:10:40,700 --> 00:10:42,440 I don't care what you say, I wasn't home, 230 00:10:42,500 --> 00:10:43,950 and Mom was watching Michael. 231 00:10:44,010 --> 00:10:46,880 Your mother spent the afternoon with her boyfriend. 232 00:10:46,940 --> 00:10:49,050 Now, we don't know what she told you she was doing, 233 00:10:49,110 --> 00:10:52,390 but she told us that you were at home covering for her. 234 00:10:52,450 --> 00:10:54,120 You killed your brother. 235 00:10:54,180 --> 00:10:56,130 She... She said that? 236 00:10:57,320 --> 00:10:59,420 Why'd you do it, Stephanie? 237 00:10:59,490 --> 00:11:01,990 Were you jealous of all the attention he got? All the trouble he caused? 238 00:11:02,890 --> 00:11:04,270 No. Come on. 239 00:11:04,730 --> 00:11:06,870 The whole family was falling apart because of him. 240 00:11:09,230 --> 00:11:10,640 Okay, take it easy, take it easy. 241 00:11:10,700 --> 00:11:13,300 You're a minor, your family has big problems. 242 00:11:13,370 --> 00:11:15,140 The judge is gonna be sympathetic. 243 00:11:15,200 --> 00:11:16,310 You just have to tell us what happened. 244 00:11:16,370 --> 00:11:17,820 I mean, your brother was barely living anyway, right? 245 00:11:19,640 --> 00:11:24,110 I wasn't there. I was with Kara from my bio class. 246 00:11:24,380 --> 00:11:26,590 Your mom's a better liar than you are, Stephanie. 247 00:11:27,080 --> 00:11:28,220 It's the truth. 248 00:11:28,280 --> 00:11:31,030 My mom was always sticking me with him. 249 00:11:31,390 --> 00:11:33,300 I mean, all he ever did was lie in bed. 250 00:11:33,560 --> 00:11:36,330 And all he ever cared about was watching TV, eating, 251 00:11:36,390 --> 00:11:37,930 and crapping his pants. 252 00:11:38,790 --> 00:11:40,670 So as soon as my mom left, 253 00:11:42,500 --> 00:11:44,000 I ditched him. 254 00:11:44,570 --> 00:11:48,510 I'm sorry. I just couldn't stand to be with him anymore. 255 00:11:50,610 --> 00:11:53,020 KARA: Hooked up with Stephanie around a quarter after 3:00. 256 00:11:53,070 --> 00:11:54,280 Where'd you go? 257 00:11:54,340 --> 00:11:56,320 The Asteroid Palace, down on Broadway. 258 00:11:56,410 --> 00:11:57,580 We played video games. 259 00:11:57,650 --> 00:11:58,890 How long were you there? 260 00:11:58,950 --> 00:12:00,980 I don't know, about an hour. 261 00:12:01,050 --> 00:12:03,030 She have anything to say about her brother? 262 00:12:03,080 --> 00:12:06,360 Steph's always got something to say about the vegetable. 263 00:12:06,420 --> 00:12:07,830 That's what she called him. 264 00:12:07,890 --> 00:12:09,160 He's a pain in the ass. 265 00:12:09,220 --> 00:12:11,300 Why? She used to trip over him? 266 00:12:11,360 --> 00:12:13,810 Steph and I were gonna go away to college together. 267 00:12:13,860 --> 00:12:15,710 Not anymore. No money. 268 00:12:15,930 --> 00:12:17,970 Stephanie was pretty angry about that, huh? 269 00:12:18,030 --> 00:12:20,010 Look, Stephanie's not a bad person. 270 00:12:20,070 --> 00:12:22,010 Just nothing ever seems to go her way. 271 00:12:22,800 --> 00:12:24,810 What was her mood Tuesday afternoon? 272 00:12:24,870 --> 00:12:26,850 I don't know. She was fine. 273 00:12:26,910 --> 00:12:30,050 She seem nervous? Distracted? 274 00:12:30,610 --> 00:12:32,390 Yeah, she was distracted by one 275 00:12:32,450 --> 00:12:34,450 of those guys that gives you the quarters. 276 00:12:34,520 --> 00:12:36,550 I think he was hot for me, though. 277 00:12:38,390 --> 00:12:41,130 Couple of the arcade workers confirm the girl was there. 278 00:12:41,190 --> 00:12:42,330 Yeah, and in high spirits. 279 00:12:42,390 --> 00:12:44,500 Her brother's dead, all her problems are solved. 280 00:12:44,560 --> 00:12:47,040 That's pretty cold-blooded. Is that the kind of girl she is? 281 00:12:47,100 --> 00:12:48,700 I didn't see a lot of ice in her veins. 282 00:12:48,760 --> 00:12:51,840 She walked out on her brother. She's cut from the same iceberg as her mother. 283 00:12:51,900 --> 00:12:54,110 So the boy was alone from 3:00 to 5:00, 284 00:12:54,170 --> 00:12:56,080 which is when he got murdered. 285 00:12:56,600 --> 00:12:59,710 Go back to the M.E. Nail down the time of death. 286 00:13:01,940 --> 00:13:04,480 Forget the time he actually died. 287 00:13:04,550 --> 00:13:06,120 He was poisoned two hours before that. 288 00:13:06,180 --> 00:13:07,350 Poison? 289 00:13:07,420 --> 00:13:10,290 When you called, I had the lab pull out all the stops. 290 00:13:10,350 --> 00:13:12,960 Kid's tox screens spiked for nicotine. 291 00:13:13,020 --> 00:13:14,760 I knew he was a 12-year-old quadriplegic, 292 00:13:14,820 --> 00:13:16,500 so I figured he wasn't a smoker. 293 00:13:16,560 --> 00:13:18,540 Unless somebody was holding the cigarette for him. 294 00:13:18,590 --> 00:13:20,600 I checked the intestinal contents. 295 00:13:20,660 --> 00:13:25,670 What we thought were carrots tested positive for coniine. Hemlock root. 296 00:13:25,730 --> 00:13:28,540 Poison hemlock? Isn't that what Socrates died from? 297 00:13:28,600 --> 00:13:30,380 Forensics says the stuff grows wild. 298 00:13:30,440 --> 00:13:32,510 Not just in ancient Greece. 299 00:13:32,570 --> 00:13:35,050 Paralyzes the muscles, and finally the lungs. 300 00:13:35,410 --> 00:13:37,480 Already paralyzed, nobody'd notice he was dying. 301 00:13:37,550 --> 00:13:40,290 Nobody'd notice because no one was watching him. 302 00:13:40,350 --> 00:13:42,890 The kid had lunch at the hospital with his mother. 303 00:13:42,950 --> 00:13:43,950 Thanks. 304 00:13:47,190 --> 00:13:48,760 SEMENKO: Michael Sutter came in at 9:30 305 00:13:49,020 --> 00:13:50,630 and was discharged at 2:15. 306 00:13:50,690 --> 00:13:51,970 He was in this room. 307 00:13:52,560 --> 00:13:54,440 It's okay, you don't have to get up. 308 00:13:54,500 --> 00:13:55,940 So you talked to Mrs. Sutter? 309 00:13:56,000 --> 00:13:57,370 Yes, about Michael. 310 00:13:57,670 --> 00:14:00,910 Unfortunately, nothing had changed since the accident. 311 00:14:00,970 --> 00:14:03,970 Mr. Blake, you're not feeling too dizzy this afternoon? 312 00:14:04,710 --> 00:14:05,810 Good. 313 00:14:06,940 --> 00:14:08,650 Michael was a real trouper. 314 00:14:08,710 --> 00:14:11,520 The kind of damage he suffered is terribly tragic. 315 00:14:11,580 --> 00:14:14,250 More than Mrs. Sutter could deal with? 316 00:14:15,220 --> 00:14:18,460 You can't imagine the pressure this puts on a family. 317 00:14:18,520 --> 00:14:21,970 If Mrs. Sutter did do something to help end her son's pain, 318 00:14:22,020 --> 00:14:24,370 nobody can fault her for feeling the way she did. 319 00:14:24,430 --> 00:14:26,340 Did she fix his lunch? 320 00:14:26,390 --> 00:14:28,600 Michael was supposed to have a hospital lunch. Why? 321 00:14:28,660 --> 00:14:30,230 The meal may have been tampered with. 322 00:14:30,300 --> 00:14:33,180 Anyone other than Mrs. Sutter have access to it? 323 00:14:33,230 --> 00:14:36,940 That I don't know. I wasn't in the hospital at lunchtime. 324 00:14:37,000 --> 00:14:40,280 Oh. Here we go. Michael had his usual meal at 1:00. 325 00:14:40,340 --> 00:14:42,790 One of the candy stripers would've delivered it. 326 00:14:43,210 --> 00:14:46,620 My school's vocational program lets me work here two days a week. 327 00:14:46,680 --> 00:14:48,090 I hope I'm not in any trouble. 328 00:14:48,150 --> 00:14:49,650 No, no trouble, Martha. 329 00:14:49,720 --> 00:14:53,060 Did you keep an eye on your food cart last Tuesday? 330 00:14:53,420 --> 00:14:54,560 I don't watch it all the time, 331 00:14:54,620 --> 00:14:57,100 but I just leave it alone in the corridor 332 00:14:57,160 --> 00:14:59,260 for a sec when I'm in the patient's room. 333 00:14:59,330 --> 00:15:02,140 Do you remember bringing a food tray to Michael Sutter? 334 00:15:02,200 --> 00:15:04,770 Michael? Sure. Nice family. 335 00:15:05,200 --> 00:15:07,040 Who'd you hand the tray to? 336 00:15:07,100 --> 00:15:08,410 I don't remember. 337 00:15:08,740 --> 00:15:10,810 I might have just put it on his bed table. 338 00:15:10,870 --> 00:15:13,480 Did you happen to notice if his mother did anything to his food? 339 00:15:13,540 --> 00:15:15,780 No, I don't remember seeing her. 340 00:15:15,840 --> 00:15:17,050 Okay. Thanks, Martha. 341 00:15:17,110 --> 00:15:18,150 CURTIS: Any visitors? 342 00:15:18,210 --> 00:15:19,560 NICHOLLS: I don't know. People come, people go. 343 00:15:19,610 --> 00:15:20,750 I don't much notice. 344 00:15:20,820 --> 00:15:21,890 What about the food cart? 345 00:15:21,950 --> 00:15:23,290 You notice anybody messing with it? 346 00:15:23,350 --> 00:15:25,660 Nobody. That I'd notice. Excuse me. (PHONE RINGING) 347 00:15:29,190 --> 00:15:31,670 The girl doesn't remember seeing Mrs. Sutter near the food. 348 00:15:31,730 --> 00:15:33,210 Well, somebody had to feed the kid. 349 00:15:33,260 --> 00:15:35,000 And somebody had to see them do it. 350 00:15:35,060 --> 00:15:37,300 There are two beds in the room. 351 00:15:38,200 --> 00:15:41,240 I've had too many difficult days lately. 352 00:15:41,300 --> 00:15:44,750 Dialysis once a week for two years. 353 00:15:45,440 --> 00:15:47,280 Just like the Sutter boy. 354 00:15:47,340 --> 00:15:49,380 Last Tuesday, he was in your room 355 00:15:49,440 --> 00:15:52,080 at Hudson Terrace, the next bed. 356 00:15:52,580 --> 00:15:54,150 Plays his TV too loud. 357 00:15:54,220 --> 00:15:56,200 You recall you both ate lunch in your room that day? 358 00:15:56,250 --> 00:16:00,390 I certainly do. Meatloaf. Too dry. 359 00:16:01,160 --> 00:16:03,230 I hate dietetic pudding. 360 00:16:04,460 --> 00:16:07,740 You know, Michael can't even wipe his own chin. 361 00:16:07,800 --> 00:16:09,370 On Tuesday, you remember seeing 362 00:16:09,430 --> 00:16:11,100 Michael's mother feed him his lunch? 363 00:16:11,170 --> 00:16:12,540 No, I don't. 364 00:16:13,870 --> 00:16:15,610 His father fed him. 365 00:16:16,170 --> 00:16:18,650 He cared enough to bring something 366 00:16:18,710 --> 00:16:21,350 with a little taste to put on the food. 367 00:16:21,810 --> 00:16:23,520 Lord knows, it needs it. 368 00:16:24,250 --> 00:16:26,990 The stuff he put on the food, what did it look like? 369 00:16:27,580 --> 00:16:31,260 I couldn't really see it. He said it was cinnamon. 370 00:16:35,420 --> 00:16:37,300 CASHMAN: Hemlock? What's that got to do with Joe Sutter? 371 00:16:38,090 --> 00:16:39,400 Well, it grows wild. 372 00:16:39,460 --> 00:16:40,910 You're in the landscape business. 373 00:16:40,960 --> 00:16:41,960 He works for you. 374 00:16:42,030 --> 00:16:43,100 Yeah, for nine years. 375 00:16:43,160 --> 00:16:44,540 Helped turn my business around. 376 00:16:44,600 --> 00:16:45,940 Nobody worked harder than Joe. 377 00:16:46,000 --> 00:16:47,840 Worked? When did he stop working hard? 378 00:16:47,900 --> 00:16:50,850 His kid's condition made it impossible for him to pull a full week. 379 00:16:50,910 --> 00:16:52,580 He resent that? 380 00:16:52,640 --> 00:16:53,780 I resented that. 381 00:16:54,610 --> 00:16:57,060 (SIGHS) When I heard the kid died, 382 00:16:57,110 --> 00:16:58,990 part of me actually felt relief. 383 00:16:59,050 --> 00:17:01,820 I get Joe back, he gets his life back. 384 00:17:01,880 --> 00:17:03,860 Well, if I had a kid like Michael, 385 00:17:03,920 --> 00:17:05,830 I wouldn't want to see him suffering. 386 00:17:05,890 --> 00:17:07,870 Is that how Joe felt? Who wouldn't? 387 00:17:08,720 --> 00:17:11,860 One time, after work, Joe hoisted a few too many. 388 00:17:11,930 --> 00:17:14,570 Said he wished he'd never breathed air into his kid. 389 00:17:14,630 --> 00:17:17,040 Said he didn't save Michael, only pieces of him. 390 00:17:17,770 --> 00:17:21,010 So the hemlock, would Joe know where to find it? 391 00:17:21,070 --> 00:17:22,810 Any one of us could find it. Why? 392 00:17:22,870 --> 00:17:25,440 We're gonna need a list of Sutter's last few projects, all right? 393 00:17:25,510 --> 00:17:26,510 Yeah. 394 00:17:26,640 --> 00:17:30,280 You're backed up against a wall. Your life's falling apart. 395 00:17:30,550 --> 00:17:34,320 It was somebody else. The hospital. 396 00:17:34,950 --> 00:17:36,830 I mean, they kept changing the nurses, 397 00:17:36,880 --> 00:17:39,560 and then they stuck us with this doctor, Semenko. 398 00:17:39,620 --> 00:17:40,620 I mean, they didn't give a damn. 399 00:17:40,890 --> 00:17:44,730 They had no reason to want to see him dead. You did. 400 00:17:44,790 --> 00:17:46,740 Look what's happened to your beautiful family. 401 00:17:46,990 --> 00:17:48,970 Your wife's sleeping with some dance teacher, 402 00:17:49,030 --> 00:17:51,170 your daughter's one step away from living on the street, 403 00:17:51,230 --> 00:17:53,510 and you have no money, and all because of that kid. 404 00:17:53,570 --> 00:17:54,640 You don't know me. 405 00:17:54,700 --> 00:17:56,310 If you knew me, you would see. 406 00:17:56,370 --> 00:17:57,610 I know you. 407 00:17:58,210 --> 00:17:59,240 If you had the stones... 408 00:17:59,310 --> 00:18:01,880 You don't know this man, Lennie. 409 00:18:02,710 --> 00:18:04,420 Look, this isn't about money or adultery 410 00:18:04,480 --> 00:18:06,320 or anything like that, is it, Joe? 411 00:18:11,550 --> 00:18:13,430 My wife's got MS. 412 00:18:16,320 --> 00:18:19,930 I picture her life 10 years from now and it kills me 413 00:18:21,430 --> 00:18:22,840 because it might not be a pretty picture. 414 00:18:24,730 --> 00:18:26,730 You see your boy, he used to be strong. 415 00:18:26,800 --> 00:18:28,710 Played soccer, yeah? Yes. 416 00:18:29,300 --> 00:18:31,720 My wife used to run three miles every morning. 417 00:18:35,880 --> 00:18:40,330 Did you imagine Michael at 20 years old? Forty years old? 418 00:18:41,380 --> 00:18:46,420 Still in that same room, same bed, same tortured pain? 419 00:18:46,490 --> 00:18:47,590 Yeah. 420 00:18:48,920 --> 00:18:50,160 Me, too. 421 00:18:51,590 --> 00:18:54,540 And you want to know the worst thing? I know why it's happening. 422 00:18:56,200 --> 00:18:57,470 It's my fault. 423 00:18:58,130 --> 00:19:00,110 God is punishing her because of something I did. 424 00:19:00,370 --> 00:19:03,110 No. No, see, you cannot think like that. 425 00:19:04,640 --> 00:19:06,680 I tell myself that, but... 426 00:19:08,080 --> 00:19:10,520 Every time I look at her, I feel the guilt. 427 00:19:11,280 --> 00:19:12,720 Every time I think of her, 428 00:19:12,980 --> 00:19:16,220 every time I think of my daughters and what they're going to lose. 429 00:19:16,950 --> 00:19:19,260 Someone you love is suffering. 430 00:19:21,960 --> 00:19:23,590 They have no hope. 431 00:19:24,260 --> 00:19:26,740 What can you do to help this person? 432 00:19:26,790 --> 00:19:30,140 I mean, how often have you asked yourself this question? 433 00:19:30,200 --> 00:19:31,940 When you bathe him? 434 00:19:33,400 --> 00:19:35,900 Every time I kissed him good night. 435 00:19:36,840 --> 00:19:39,550 And you knew there was only one answer. 436 00:19:41,780 --> 00:19:43,350 You had to do it. 437 00:19:43,710 --> 00:19:45,750 You had to do it because you loved him. 438 00:19:47,880 --> 00:19:49,290 (SOBBING) 439 00:19:50,920 --> 00:19:52,260 Let it go. 440 00:19:55,320 --> 00:19:57,460 It was an act of love, Joe. 441 00:20:00,700 --> 00:20:02,330 I loved Michael. 442 00:20:06,500 --> 00:20:08,310 All right, maybe I... 443 00:20:12,970 --> 00:20:15,820 But I didn't do this. 444 00:20:18,450 --> 00:20:19,950 I didn't kill him. 445 00:20:22,620 --> 00:20:24,360 I thought Curtis had him. 446 00:20:24,420 --> 00:20:25,450 VAN BUREN: Three months ago, 447 00:20:25,520 --> 00:20:29,700 Sutter spent a week replanting the median on the Southern State Parkway. 448 00:20:29,760 --> 00:20:31,570 Forensics surveyed the area. 449 00:20:31,630 --> 00:20:34,970 "Conium maculatum. Hemlock, two acres scattered growth," 450 00:20:35,030 --> 00:20:37,530 "30 meters east of construction site." 451 00:20:37,600 --> 00:20:39,540 Not exactly a smoking gun. 452 00:20:39,600 --> 00:20:42,710 We've got motive, access to the exact poison, 453 00:20:42,770 --> 00:20:45,910 a witness to the feeding. They can't all confess. 454 00:20:51,150 --> 00:20:52,180 Can I leave now? 455 00:20:52,580 --> 00:20:54,560 Not for about another 30 years. 456 00:20:56,280 --> 00:20:57,730 You're under arrest for the murder of your son. 457 00:20:57,790 --> 00:20:59,130 You have the right to remain silent. 458 00:20:59,190 --> 00:21:02,030 Anything you do say can and will be used against you in a court of law. 459 00:21:02,090 --> 00:21:03,970 You have the right to an attorney. If you cannot afford one... 460 00:21:09,960 --> 00:21:11,170 Mr. Sutter's not a flight risk. 461 00:21:11,230 --> 00:21:13,040 His only family's here in New York. 462 00:21:13,100 --> 00:21:15,270 He's charged with killing a member of that family. 463 00:21:15,340 --> 00:21:17,280 Even if we accept the People's allegations, 464 00:21:17,340 --> 00:21:19,780 Mr. Sutter can't be considered a threat to the community. 465 00:21:20,270 --> 00:21:22,410 Bail is set at $100,000. Next case. 466 00:21:23,540 --> 00:21:24,720 (GAVEL POUNDS) 467 00:21:25,810 --> 00:21:28,560 CLERK: "Docket number 661254..." 468 00:21:28,620 --> 00:21:31,560 Excuse me. Who do I see about posting bail? 469 00:21:31,620 --> 00:21:32,620 Who are you? 470 00:21:32,690 --> 00:21:33,890 Roy Cash man. 471 00:21:33,950 --> 00:21:35,460 You're posting bail for Joe Sutter? 472 00:21:35,520 --> 00:21:36,830 Yeah, so what? 473 00:21:36,890 --> 00:21:39,300 I have you down as a prosecution witness. 474 00:21:39,360 --> 00:21:42,710 You told the police he said he wished he'd never saved his son. 475 00:21:42,760 --> 00:21:45,140 I never said anything like that. 476 00:21:45,200 --> 00:21:47,200 Look, I know what Joe is going through. 477 00:21:47,270 --> 00:21:50,180 I'm not going to help you put him in jail. 478 00:21:52,710 --> 00:21:54,410 Cashman's going to testify for Sutter. 479 00:21:54,480 --> 00:21:56,680 Briscoe and Curtis can rebut. 480 00:21:56,740 --> 00:22:00,210 Plus, we've got two others who confirm Sutter wanted the boy dead. 481 00:22:00,280 --> 00:22:02,450 I spoke to the kid's doctor, Lyle Semenko. 482 00:22:02,520 --> 00:22:04,000 He's backing off, too. 483 00:22:04,520 --> 00:22:08,130 This father kills his kid, and the world still loves him. 484 00:22:08,190 --> 00:22:10,830 They think he committed an act of mercy. 485 00:22:10,890 --> 00:22:14,860 Character witnesses, Cashman, Semenko, none of it matters. 486 00:22:15,760 --> 00:22:17,670 Who told us his father spiked the food? 487 00:22:17,730 --> 00:22:19,710 That's your witness to nail down. 488 00:22:22,540 --> 00:22:25,350 Miss Goring told me I didn't have to talk to you. 489 00:22:25,410 --> 00:22:27,940 She was wrong. What did you tell her? 490 00:22:29,280 --> 00:22:32,380 That I was in the room when Mr. Sutter was feeding Michael. 491 00:22:32,880 --> 00:22:36,050 That he didn't do anything to the food. 492 00:22:36,120 --> 00:22:39,720 You told her? Or she told you? 493 00:22:42,260 --> 00:22:46,200 I'm pretty sure about it. I was in the room. 494 00:22:48,160 --> 00:22:51,610 Mrs. Bing says she saw Mr. Sutter spike Michael's food. 495 00:22:52,800 --> 00:22:54,640 She also doesn't remember you being in the room. 496 00:22:54,700 --> 00:22:56,700 Maybe Mrs. Bing's wrong. 497 00:22:57,770 --> 00:23:00,810 Martha, Miss Goring's job is protecting murderers. 498 00:23:01,640 --> 00:23:02,920 You're helping her do that. 499 00:23:02,980 --> 00:23:04,920 I used to talk to the Sutters all the time. 500 00:23:04,980 --> 00:23:07,460 I saw the way they were with Michael. 501 00:23:07,520 --> 00:23:08,650 They loved Michael. 502 00:23:11,350 --> 00:23:13,730 I see Martha McSorley all the time. 503 00:23:13,790 --> 00:23:15,820 She works hard, but she cares too much. 504 00:23:16,290 --> 00:23:18,960 Whenever somebody dies, it becomes personal. 505 00:23:19,260 --> 00:23:21,740 She says she stayed in the Sutters' room right through lunch. 506 00:23:21,800 --> 00:23:25,540 She's got 30 trays to deliver. You know how much time that takes? 507 00:23:26,230 --> 00:23:28,040 No way she can hang out in one patient's room 508 00:23:28,100 --> 00:23:29,880 and deliver all those trays. 509 00:23:29,940 --> 00:23:32,010 No way she could do it, or you know she didn't do it? 510 00:23:32,070 --> 00:23:34,920 You told the police you saw her during her rounds. 511 00:23:34,980 --> 00:23:36,980 You're gonna want me to testify? 512 00:23:37,040 --> 00:23:38,350 That's the idea. 513 00:23:39,710 --> 00:23:42,460 Guess I can't say for sure. It was quiet. 514 00:23:42,520 --> 00:23:44,790 I snuck out to the stairwell for a smoke. 515 00:23:44,850 --> 00:23:46,800 Then how do you know nobody tampered with the food? 516 00:23:46,850 --> 00:23:48,300 'Cause nobody could have. 517 00:23:48,360 --> 00:23:51,830 'Cause when I ducked out, there was a doctor standing by the food cart 518 00:23:51,890 --> 00:23:55,200 doing some paperwork. He was still there when I came back. 519 00:23:55,730 --> 00:23:58,270 Nobody's gonna mess with trays while a doctor's right there. 520 00:23:58,330 --> 00:23:59,780 Do you remember which doctor? 521 00:23:59,830 --> 00:24:01,240 Dr. Semenko. 522 00:24:04,540 --> 00:24:06,280 McSorley's definitely lying. 523 00:24:06,340 --> 00:24:09,010 We've got a bigger problem. Dr. Semenko's lying, too. 524 00:24:09,840 --> 00:24:11,190 The boy's doctor? 525 00:24:11,250 --> 00:24:14,230 An orderly said he saw Semenko hanging around the food cart 526 00:24:14,280 --> 00:24:16,120 while McSorley was making her rounds. 527 00:24:16,180 --> 00:24:18,390 Semenko told Briscoe and Curtis he was out of the building. 528 00:24:18,450 --> 00:24:20,260 You sure he didn't just forget where he was? 529 00:24:20,320 --> 00:24:22,060 (SIGHS) I just hope we didn't put the Sutters 530 00:24:22,120 --> 00:24:24,690 through the wringer for nothing. 531 00:24:24,760 --> 00:24:28,500 Talk to Semenko's boss. Find out if he's just absent-minded. 532 00:24:32,700 --> 00:24:33,910 LINDROS: Semenko's a good physician. 533 00:24:34,170 --> 00:24:36,150 Well-liked, hard-working, responsible. 534 00:24:36,200 --> 00:24:38,910 Even Dr. Schweitzer had his detractors. 535 00:24:39,270 --> 00:24:43,090 Well, there was one complaint. About three months ago. 536 00:24:43,440 --> 00:24:45,790 A young woman badly injured in a car accident. 537 00:24:45,850 --> 00:24:48,220 She'd been here four days, seemed to be out of danger, 538 00:24:48,280 --> 00:24:49,520 then she just died. 539 00:24:49,580 --> 00:24:51,290 Unexplained respiratory failure. 540 00:24:51,350 --> 00:24:53,530 She was in Dr. Semenko's care? 541 00:24:53,590 --> 00:24:56,070 She was under the care of several specialists. 542 00:24:56,120 --> 00:24:58,230 Dr. Semenko wasn't even her primary. 543 00:24:58,290 --> 00:24:59,740 What was the conclusion? 544 00:24:59,790 --> 00:25:02,830 An investigation determined the patient died of natural causes. 545 00:25:02,900 --> 00:25:04,380 Stuff like that just happens. 546 00:25:04,730 --> 00:25:06,610 Whose investigation? Ours. 547 00:25:06,670 --> 00:25:09,440 And you never thought to mention any of this to the police? 548 00:25:09,500 --> 00:25:11,410 Our counsel advised we were under no legal obligation. 549 00:25:12,340 --> 00:25:14,910 And like I said, Semenko and the others were cleared. 550 00:25:15,510 --> 00:25:17,680 Just this one incident? How long has he worked here? 551 00:25:17,750 --> 00:25:19,380 A little over six months. 552 00:25:19,510 --> 00:25:21,720 But I think you're barking up the wrong tree. 553 00:25:21,980 --> 00:25:23,190 Where did he work before Hudson? 554 00:25:23,680 --> 00:25:26,820 Bergen County Clinical in New Jersey. He came highly recommended. 555 00:25:28,060 --> 00:25:29,430 It was a mutual decision. 556 00:25:29,490 --> 00:25:32,960 We were facing cutbacks. Dr. Semenko wanted to move to the city. 557 00:25:33,030 --> 00:25:34,400 The fact that his mortality rate 558 00:25:34,460 --> 00:25:36,740 was 14 times that of any other staff physician 559 00:25:36,800 --> 00:25:38,670 had nothing to do with your decision to cut him loose? 560 00:25:38,730 --> 00:25:39,730 How did you know... 561 00:25:39,800 --> 00:25:41,340 I just came from the County Coroner. 562 00:25:43,840 --> 00:25:46,610 A 61-year-old woman has gallbladder surgery, 563 00:25:46,670 --> 00:25:48,650 a 17-year-old boy having back surgery, 564 00:25:48,710 --> 00:25:50,420 and about a half dozen others. 565 00:25:50,480 --> 00:25:52,220 None of them had life-threatening problems. 566 00:25:52,280 --> 00:25:55,120 All of them were treated by Dr. Semenko, and now they're all dead. 567 00:25:55,580 --> 00:25:57,460 He was cleared of any malpractice charges. 568 00:25:57,520 --> 00:25:59,050 We're talking about murder. 569 00:25:59,790 --> 00:26:02,630 He was cleared in each of the incidents you mentioned. 570 00:26:02,690 --> 00:26:04,830 By your own impartial review board? 571 00:26:05,630 --> 00:26:09,130 The primary concern of this hospital is our patients' well-being. 572 00:26:09,200 --> 00:26:11,470 If one of our doctors is a danger, 573 00:26:11,530 --> 00:26:13,270 we want to deal with the problem. 574 00:26:13,630 --> 00:26:15,810 By passing it along to the next hospital. 575 00:26:15,870 --> 00:26:18,980 Dr. Semenko is a responsible physician. 576 00:26:19,040 --> 00:26:20,920 I've watched him work. 577 00:26:20,970 --> 00:26:23,050 When his patients suffered setbacks, 578 00:26:23,110 --> 00:26:25,590 he always compiled complete case studies. 579 00:26:25,650 --> 00:26:27,320 He attended every postmortem. 580 00:26:27,380 --> 00:26:29,550 And yet his patients kept right on dying. 581 00:26:30,420 --> 00:26:33,060 You can't predict an appendix patient having an aneurysm. 582 00:26:33,120 --> 00:26:36,500 You can't predict a high school senior suffering nicotine poisoning. 583 00:26:36,660 --> 00:26:38,360 Nicotine poisoning? It happens. 584 00:26:38,960 --> 00:26:41,370 There's no way Dr. Semenko could have known. 585 00:26:41,430 --> 00:26:44,310 The boy's parents didn't even know he used tobacco. 586 00:26:53,540 --> 00:26:55,350 Nice botany books, Doc. 587 00:26:55,410 --> 00:26:57,890 Anything in here on how to grow poison hemlock? 588 00:26:57,950 --> 00:26:59,930 I'm surprised you don't seize my anatomy books 589 00:26:59,980 --> 00:27:01,690 and arrest me on porno charges. 590 00:27:01,750 --> 00:27:04,920 Got stuff here looks like oregano. Smells like oregano, too. 591 00:27:04,990 --> 00:27:06,090 And is oregano. 592 00:27:06,150 --> 00:27:08,130 If you're making pasta later, take some. 593 00:27:08,190 --> 00:27:10,190 No other greens except for some Romaine lettuce 594 00:27:10,290 --> 00:27:11,530 that I can tell you is for real. 595 00:27:11,590 --> 00:27:14,510 But you can get rid of it. You got no snap in your stems. 596 00:27:14,560 --> 00:27:16,230 Can I have my home back now? 597 00:27:16,300 --> 00:27:17,830 CURTIS: Hey, Doc, 598 00:27:18,100 --> 00:27:19,200 where do you keep this baby? 599 00:27:19,270 --> 00:27:20,940 We'd like to take a look under the hood. 600 00:27:21,000 --> 00:27:22,140 I don't own a car. 601 00:27:22,200 --> 00:27:23,910 You just collect the manuals? 602 00:27:23,970 --> 00:27:25,080 I sold that car. 603 00:27:25,910 --> 00:27:28,410 What's this? "Car-Finder." 604 00:27:28,740 --> 00:27:30,380 This one of those satellite locating systems? 605 00:27:30,440 --> 00:27:33,360 It was an expensive car. I was concerned about it getting stolen. 606 00:27:33,880 --> 00:27:36,190 Well, why don't we activate the system, see what turns up? 607 00:27:36,250 --> 00:27:37,520 (DIALING) 608 00:27:39,350 --> 00:27:42,960 Lake Hill Country Club. Dr. Lyle Semenko. 609 00:27:43,890 --> 00:27:45,530 What, you threw the clubs in with the car? 610 00:27:45,590 --> 00:27:48,130 Hey, Lennie, what's this? More oregano? 611 00:27:51,630 --> 00:27:53,910 Wouldn't want to sprinkle this on my pasta. 612 00:27:53,970 --> 00:27:55,070 Unless you want some. 613 00:27:55,140 --> 00:27:56,670 You're under arrest for murder, Doc. 614 00:27:56,740 --> 00:27:58,050 You have the right to remain silent. 615 00:27:58,110 --> 00:28:00,640 Anything you say can and will be used against you in a court of law. 616 00:28:03,580 --> 00:28:04,680 GILLUM: You've got no witnesses. 617 00:28:04,750 --> 00:28:06,320 You've got no forensic evidence 618 00:28:06,380 --> 00:28:08,120 linking my client to Michael Sutter's food. 619 00:28:08,180 --> 00:28:10,250 We've got poison hemlock in his car. 620 00:28:10,320 --> 00:28:12,090 I'd love to hear his explanation for that. 621 00:28:12,790 --> 00:28:15,430 You and I both know that the jury will crucify him. 622 00:28:16,290 --> 00:28:18,360 Murder two. He does 25. 623 00:28:19,190 --> 00:28:21,200 Your client took the life of a defenseless child. 624 00:28:21,260 --> 00:28:22,300 What life? 625 00:28:22,360 --> 00:28:25,140 That boy was in constant pain. 626 00:28:25,700 --> 00:28:29,550 You want us to start weighing crimes based on the value of the victim? 627 00:28:31,410 --> 00:28:34,050 I had a 95-year-old client in Florida. 628 00:28:34,780 --> 00:28:37,520 Shot his agonizing, cancer-ridden wife to death. 629 00:28:38,450 --> 00:28:40,450 Jury hit him with a $50 fine. 630 00:28:41,350 --> 00:28:43,620 This jury's gonna know that Dr. Semenko 631 00:28:43,680 --> 00:28:45,930 was acting out of compassion for the victim. 632 00:28:47,420 --> 00:28:49,300 I think your client's shown a little too much compassion. 633 00:28:49,360 --> 00:28:51,530 We've looked into his employment history. 634 00:28:51,590 --> 00:28:55,940 I estimate he's responsible for 17 deaths at four different hospitals. 635 00:28:56,000 --> 00:28:59,240 The hospitals let him skate by, but the buck stops here. 636 00:29:00,830 --> 00:29:02,340 Get your affairs in order. 637 00:29:02,870 --> 00:29:04,940 We're going to trial. 638 00:29:05,010 --> 00:29:07,820 You're spending the rest of your life behind bars. 639 00:29:10,040 --> 00:29:11,450 ADAM: Mercy killing. 640 00:29:12,210 --> 00:29:14,120 It worked for Dr. Kevorkian. 641 00:29:14,180 --> 00:29:15,680 This guy's no Kevorkian. 642 00:29:17,320 --> 00:29:19,390 I'm giving you my opinion without having met the guy, 643 00:29:19,450 --> 00:29:20,860 but he sounds like what we call 644 00:29:20,920 --> 00:29:23,800 a custodial poisoner or asphyxiator. 645 00:29:24,160 --> 00:29:25,260 ADAM: Plain vanilla serial killer? 646 00:29:26,230 --> 00:29:28,330 DR. SKODA: A little more charming than most, but yeah. 647 00:29:29,930 --> 00:29:31,710 He rubbernecked at every patient's postmortem, 648 00:29:31,770 --> 00:29:34,370 like a kid torturing a bug and watching it die. 649 00:29:35,740 --> 00:29:39,620 And these deaths. Starts with ODs on prescription medicines. 650 00:29:40,170 --> 00:29:42,310 Then he gets bolder, uses poisons. 651 00:29:42,910 --> 00:29:45,190 Stuffs bandages down some lady's throat. 652 00:29:45,680 --> 00:29:47,220 He didn't get charged on that one? 653 00:29:48,180 --> 00:29:49,680 Half a dozen of the staff had access to the patient. 654 00:29:49,750 --> 00:29:51,490 The hospital just fired them all. 655 00:29:51,790 --> 00:29:54,060 You don't think Semenko wanted to get caught? 656 00:29:54,220 --> 00:29:55,220 DR. SKODA: No. 657 00:29:56,220 --> 00:29:59,170 No, he got bolder because he got more confident. 658 00:29:59,230 --> 00:30:01,000 He believed he was operating above the rules. 659 00:30:01,060 --> 00:30:03,800 When nobody caught him, everything got reinforced. 660 00:30:03,860 --> 00:30:05,470 We haven't caught him yet, either. 661 00:30:05,970 --> 00:30:07,500 Motion in limine. 662 00:30:08,000 --> 00:30:09,880 Semenko's lawyer wants to preclude 663 00:30:09,940 --> 00:30:11,780 any mention of the other deaths. 664 00:30:12,270 --> 00:30:13,580 Oh, yeah. 665 00:30:17,110 --> 00:30:18,680 GILLUM: A doctor has a run of bad luck, 666 00:30:18,950 --> 00:30:20,150 but that does not make him a killer. 667 00:30:20,210 --> 00:30:21,720 JACK: Bad luck had nothing to do with this. 668 00:30:21,780 --> 00:30:23,590 Mr. Semenko is a serial killer. 669 00:30:23,650 --> 00:30:26,190 He was never charged in those other deaths. 670 00:30:26,720 --> 00:30:28,200 Your Honor, People v. Molineux. 671 00:30:28,260 --> 00:30:30,700 They are prior bad acts. The evidence is not admissible. 672 00:30:30,760 --> 00:30:32,330 It's not even relevant, Mr. McCoy. 673 00:30:32,390 --> 00:30:35,170 People v. Mees. These acts establish motive. 674 00:30:35,230 --> 00:30:37,670 The defendant is trying to convince a jury 675 00:30:38,030 --> 00:30:39,980 that he acted out of mercy 676 00:30:40,030 --> 00:30:43,610 when he has a track record of killing perfectly healthy patients. 677 00:30:43,670 --> 00:30:46,310 Molineux, even as extended by Mees, 678 00:30:46,370 --> 00:30:48,510 allows only similar prior bad acts. 679 00:30:48,580 --> 00:30:50,490 Not one of these other deaths involved a patient 680 00:30:50,540 --> 00:30:51,890 who had zero expectation of recovery. 681 00:30:52,910 --> 00:30:54,220 JACK: This is perverse! 682 00:30:54,450 --> 00:30:58,760 Mr. Gillum is saying that because this killer never showed mercy, 683 00:30:59,190 --> 00:31:02,290 he should be allowed to argue that he's a mercy killer this time. 684 00:31:02,760 --> 00:31:04,740 You have a point, Mr. McCoy. 685 00:31:04,790 --> 00:31:07,830 But this doesn't meet the Molineux exceptions. 686 00:31:08,460 --> 00:31:10,670 And if I have to choose between an A.D.A. 687 00:31:10,730 --> 00:31:12,900 and the Court of Appeals, guess who wins? 688 00:31:13,630 --> 00:31:15,870 The evidence is suppressed. 689 00:31:21,640 --> 00:31:24,490 JACK: Michael Sutter was murdered by the defendant. 690 00:31:26,480 --> 00:31:28,550 This is not in dispute. 691 00:31:31,350 --> 00:31:35,060 The defense will give you reasons why it's not a bad thing. 692 00:31:36,690 --> 00:31:40,640 They'll tell you that Michael Sutter had no quality of life. 693 00:31:43,000 --> 00:31:46,240 It's true that Michael Sutter wasn't going to grow up to be 694 00:31:46,600 --> 00:31:50,450 a teacher or an engineer or a doctor, like the defendant. 695 00:31:52,140 --> 00:31:53,950 But he liked to watch TV. 696 00:31:55,240 --> 00:31:57,020 He loved his family. 697 00:31:58,380 --> 00:32:00,120 And he was alive. 698 00:32:01,750 --> 00:32:04,250 The defense will tell you 699 00:32:04,320 --> 00:32:07,930 that taking Michael Sutter's life was the merciful thing to do. 700 00:32:08,760 --> 00:32:12,200 Michael Sutter's family will tell you that they loved Michael. 701 00:32:14,290 --> 00:32:15,970 They miss Michael. 702 00:32:19,770 --> 00:32:24,150 This case is not a debate about euthanasia. 703 00:32:26,370 --> 00:32:29,350 It's about a thrill killing by a monster 704 00:32:29,410 --> 00:32:31,510 masquerading as an angel of mercy. 705 00:32:35,180 --> 00:32:37,090 Michael Sutter is dead. 706 00:32:39,650 --> 00:32:43,570 He was murdered. That's all that matters. 707 00:32:53,030 --> 00:32:55,380 Mr. McCoy is right, the law is simple. 708 00:32:55,440 --> 00:32:57,210 It only sees black and white. 709 00:32:58,240 --> 00:33:00,080 But reality? 710 00:33:00,140 --> 00:33:03,210 Well, reality has all sorts of shades of gray, doesn't it? 711 00:33:05,350 --> 00:33:07,660 Dr. Semenko didn't just wake up one morning 712 00:33:07,710 --> 00:33:10,060 and on a whim decide to kill Michael Sutter. 713 00:33:10,550 --> 00:33:12,860 Michael Sutter's parents know that. 714 00:33:12,920 --> 00:33:14,960 And although it may be very hard for them to admit it, 715 00:33:15,020 --> 00:33:17,090 they wanted this death. 716 00:33:17,160 --> 00:33:19,870 And they made that very clear to Dr. Semenko, 717 00:33:20,890 --> 00:33:24,640 who had the courage, in the face of an antiquated law, 718 00:33:24,700 --> 00:33:28,170 to act in the best interests of a suffering child. 719 00:33:29,970 --> 00:33:32,180 The State tries to lock up people like this. 720 00:33:33,310 --> 00:33:34,610 They have put Dr. Jack Kevorkian on trial 721 00:33:34,670 --> 00:33:38,920 over and over again, but he's never been convicted. 722 00:33:38,980 --> 00:33:42,320 Because juries, juries just like you, 723 00:33:43,980 --> 00:33:46,400 have always recognized the truth. 724 00:33:48,090 --> 00:33:51,500 Dr. Lyle Semenko is not a criminal. 725 00:33:55,700 --> 00:33:57,040 He's a hero. 726 00:34:03,370 --> 00:34:05,680 I read him stories every night. 727 00:34:06,740 --> 00:34:08,650 It's funny, 728 00:34:08,710 --> 00:34:11,280 he had the same favorites he did as a baby. 729 00:34:13,350 --> 00:34:17,660 After all the suffering, after all the damage, 730 00:34:19,890 --> 00:34:22,390 he was still the same little boy. 731 00:34:22,720 --> 00:34:25,170 Did you love him, Mr. Sutter? 732 00:34:26,460 --> 00:34:28,700 You don't stop loving your son when he gets hurt. 733 00:34:30,700 --> 00:34:33,180 And you don't stop loving your son when he dies. 734 00:34:33,970 --> 00:34:38,110 Mr. Sutter, did you ever ask Dr. Semenko to end your son's life? 735 00:34:38,170 --> 00:34:39,170 No. 736 00:34:40,570 --> 00:34:42,380 It's horrifying 737 00:34:43,410 --> 00:34:45,360 that he could blame this on us. 738 00:34:47,210 --> 00:34:48,750 I mean, that anybody could think 739 00:34:48,980 --> 00:34:50,960 that we wanted this. 740 00:34:59,230 --> 00:35:03,200 Mr. Sutter, Michael's care has cost you almost a quarter of a million dollars 741 00:35:03,260 --> 00:35:04,440 since the accident, hasn't it? 742 00:35:05,600 --> 00:35:06,670 Whatever it was, it was worth it. 743 00:35:06,730 --> 00:35:07,770 GILLUM: I understand. 744 00:35:07,830 --> 00:35:09,610 But you had a college fund for your daughter, 745 00:35:09,670 --> 00:35:10,840 and now that's gone, isn't that right? 746 00:35:10,900 --> 00:35:12,040 SUTTER: Yes. 747 00:35:12,940 --> 00:35:16,480 And your relationship with your wife has grown strained? 748 00:35:17,610 --> 00:35:19,180 She was having an affair? 749 00:35:20,880 --> 00:35:23,660 Michael's condition made things very difficult for all of us. 750 00:35:23,720 --> 00:35:25,920 GILLUM: And he wasn't going to get any better, was he? 751 00:35:25,990 --> 00:35:27,260 SUTTER: We hoped. 752 00:35:27,950 --> 00:35:28,960 But, no. 753 00:35:29,020 --> 00:35:30,970 In fact, there was only one way 754 00:35:31,020 --> 00:35:32,370 that Michael's suffering was going to end, 755 00:35:32,430 --> 00:35:33,600 and you knew that, didn't you? 756 00:35:33,660 --> 00:35:34,800 No. 757 00:35:34,860 --> 00:35:36,570 I could never take... Now, on December 12th, 758 00:35:37,200 --> 00:35:39,200 did you take Michael to an appointment with Dr. Semenko? 759 00:35:39,470 --> 00:35:41,740 I took Michael to many appointments. 760 00:35:41,800 --> 00:35:45,810 And did you say to Dr. Semenko that Michael didn't deserve to live like this? 761 00:35:45,870 --> 00:35:48,280 Didn't you tell Dr. Semenko 762 00:35:48,680 --> 00:35:51,160 that you wished Michael's suffering would end? 763 00:35:51,210 --> 00:35:53,420 No, I might have said that, 764 00:35:53,510 --> 00:35:55,290 but I didn't mean I wanted him dead. 765 00:35:55,720 --> 00:35:57,420 GILLUM: Mr. Sutter, 766 00:35:57,850 --> 00:35:59,130 if you had to do it all over again, 767 00:35:59,190 --> 00:36:04,000 I mean, if you had known how much Michael was going to suffer, 768 00:36:05,030 --> 00:36:06,700 would you have pulled him out of that car? 769 00:36:09,060 --> 00:36:10,540 I loved Michael. 770 00:36:11,100 --> 00:36:13,080 I know that, Mr. Sutter. 771 00:36:14,200 --> 00:36:17,700 But would you have saved his life? 772 00:36:27,210 --> 00:36:28,850 No. Thank you. 773 00:36:33,750 --> 00:36:35,960 Do you remember coming to the hospital with your daughter Stephanie 774 00:36:36,020 --> 00:36:38,200 on a Saturday morning last November? 775 00:36:38,860 --> 00:36:41,530 Michael woke up with a fever of 103. 776 00:36:41,600 --> 00:36:43,770 It turned out to be a flu virus. 777 00:36:44,260 --> 00:36:46,510 And did Stephanie want to come to the hospital? 778 00:36:47,230 --> 00:36:48,940 Her brother was sick. 779 00:36:49,000 --> 00:36:51,810 Didn't she tell you that she would rather be skating with her friends? 780 00:36:51,870 --> 00:36:53,610 Objection. He's leading his own witness. 781 00:36:53,670 --> 00:36:55,080 Sustained. 782 00:36:55,580 --> 00:36:58,060 GILLUM: Did you fight with your daughter at the hospital? 783 00:36:58,510 --> 00:37:00,010 I don't recall. 784 00:37:00,080 --> 00:37:02,960 Do you recall Dr. Semenko being in the room 785 00:37:03,020 --> 00:37:04,960 when you were arguing with Stephanie? 786 00:37:05,020 --> 00:37:06,960 Objection. She doesn't recall arguing. 787 00:37:07,020 --> 00:37:09,520 A priori, she can't recall who might have been present. 788 00:37:09,920 --> 00:37:11,960 Next question, Mr. Gillum. 789 00:37:12,030 --> 00:37:14,340 Your Honor, permission to treat this witness as hostile. 790 00:37:14,660 --> 00:37:15,900 Go ahead. 791 00:37:15,960 --> 00:37:18,940 Didn't Stephanie tell you that she didn't give a damn about Michael? 792 00:37:19,000 --> 00:37:21,610 That she had stuff to do? 793 00:37:21,740 --> 00:37:23,340 JACK: Objection. Hearsay. 794 00:37:23,400 --> 00:37:25,470 Offered to show the defendant's state of mind, Your Honor. 795 00:37:25,540 --> 00:37:28,310 Overruled. The witness will answer. 796 00:37:31,080 --> 00:37:34,350 She might have said some things she shouldn't have. 797 00:37:34,410 --> 00:37:36,720 Like calling Michael a vegetable? 798 00:37:36,780 --> 00:37:39,790 She was angry. She wanted to hurt me. 799 00:37:40,420 --> 00:37:42,630 Wasn't she worried about hurting her brother? 800 00:37:43,960 --> 00:37:45,490 He couldn't understand. 801 00:37:45,860 --> 00:37:46,930 Exactly. 802 00:37:47,590 --> 00:37:50,700 He couldn't even understand when his own sister said 803 00:37:50,760 --> 00:37:53,900 that she wished he were dead, could he? 804 00:37:53,970 --> 00:37:55,280 She didn't mean it. 805 00:37:56,000 --> 00:37:59,710 She just didn't want to see Michael suffer anymore. 806 00:37:59,770 --> 00:38:00,980 None of us did. 807 00:38:02,240 --> 00:38:03,280 I know. 808 00:38:04,610 --> 00:38:05,750 Thank you. 809 00:38:06,180 --> 00:38:07,560 (SIGHS) 810 00:38:07,810 --> 00:38:11,260 Mrs. Sutter, did you 811 00:38:11,950 --> 00:38:15,490 ever tell Dr. Semenko to end Michael's life? 812 00:38:16,090 --> 00:38:17,090 No. 813 00:38:17,360 --> 00:38:18,460 Thank you. 814 00:38:22,930 --> 00:38:25,170 GILLUM: Dr. Semenko, does Hudson Terrace Hospital 815 00:38:25,230 --> 00:38:27,870 have a policy regarding assisted suicide? 816 00:38:27,930 --> 00:38:31,350 SEMENKO: Yes. In all New York hospitals it's strictly prohibited. 817 00:38:31,770 --> 00:38:34,050 And is this ever a subject of discussion 818 00:38:34,110 --> 00:38:35,610 amongst your fellow physicians? 819 00:38:35,680 --> 00:38:36,680 Frequently. 820 00:38:37,210 --> 00:38:39,620 The rules reflect a wrong-headed view 821 00:38:39,680 --> 00:38:41,420 of dealing with death and dying. 822 00:38:42,250 --> 00:38:45,560 Do you and your colleagues have methods to get around these rules? 823 00:38:45,620 --> 00:38:49,360 We physicians risk being charged with trafficking in drugs 824 00:38:49,420 --> 00:38:52,460 just by providing morphine to terminal patients. 825 00:38:52,530 --> 00:38:55,200 The State doesn't want us to turn them into junkies. 826 00:38:56,460 --> 00:38:58,530 And every day, in every hospital in this country, 827 00:38:58,600 --> 00:39:00,270 a doctor calls for a slow code. 828 00:39:00,500 --> 00:39:02,950 Objection. Contrary to what the defendant thinks, 829 00:39:03,000 --> 00:39:04,540 he can't possibly know what goes on 830 00:39:04,600 --> 00:39:06,080 in every hospital in the country. 831 00:39:06,440 --> 00:39:07,440 Sustained. 832 00:39:08,510 --> 00:39:12,350 Dr. Semenko, would you please define the term "slow code"? 833 00:39:12,710 --> 00:39:17,020 When a patient is beyond hope and requires life-saving measures, 834 00:39:17,080 --> 00:39:20,220 a slow code means the staff just goes through the motions. 835 00:39:20,290 --> 00:39:22,060 They let the patient die. 836 00:39:22,160 --> 00:39:24,290 And this is done according to the patient's instructions? 837 00:39:24,760 --> 00:39:27,930 No, it's done when, in the attending physician's opinion, 838 00:39:27,990 --> 00:39:29,370 death would be best. 839 00:39:30,030 --> 00:39:31,630 Michael Sutter wasn't terminal. 840 00:39:31,700 --> 00:39:34,440 He could have lived another, what, 50, 60 years? 841 00:39:34,770 --> 00:39:36,180 His heart would have kept on beating, 842 00:39:36,240 --> 00:39:38,510 his lungs would have kept on breathing, 843 00:39:39,440 --> 00:39:41,250 and the pain would never stop. 844 00:39:44,010 --> 00:39:46,510 Sometimes I have to tell people 845 00:39:46,580 --> 00:39:49,720 the worst news they think they'll ever hear, 846 00:39:50,120 --> 00:39:51,930 the death of their loved one. 847 00:39:52,290 --> 00:39:57,030 But somehow they wake up the next morning, and their life goes on. 848 00:39:57,960 --> 00:40:00,960 People couldn't function if they couldn't move on. 849 00:40:02,560 --> 00:40:06,600 The Sutters couldn't move on. They needed to move on. 850 00:40:07,830 --> 00:40:11,370 Did the Sutters ask you to end their son's life? 851 00:40:11,670 --> 00:40:13,710 There was no doubt about what they wanted. 852 00:40:13,770 --> 00:40:15,810 They knew their son's life, 853 00:40:15,880 --> 00:40:18,120 in any meaningful way, was over. 854 00:40:18,180 --> 00:40:21,280 I was just the instrument, doing what they wanted done. 855 00:40:21,350 --> 00:40:23,990 What they couldn't bring themselves to do. 856 00:40:24,950 --> 00:40:27,230 Thank you, Doctor. Your witness. 857 00:40:34,890 --> 00:40:36,270 Your Honor, it's almost 12:00. 858 00:40:36,330 --> 00:40:38,780 I wonder if we could take our noon recess? 859 00:40:41,000 --> 00:40:43,570 The jury's buying it. Semenko's hammering us. 860 00:40:43,640 --> 00:40:46,380 He's smart, he's confident, he's charming. 861 00:40:46,440 --> 00:40:48,080 Same pathology that makes him a serial killer 862 00:40:48,140 --> 00:40:49,280 makes him a hell of a witness. 863 00:40:49,340 --> 00:40:51,340 He must have some weakness. 864 00:40:52,080 --> 00:40:53,960 You ever once hear him question what he did? 865 00:40:54,010 --> 00:40:55,720 The Sutters needed to move on. 866 00:40:55,780 --> 00:40:57,760 Absolute knowledge. Absolute certainty. 867 00:40:57,820 --> 00:40:59,060 Some kind of God complex? 868 00:40:59,120 --> 00:41:00,290 His narcissism. 869 00:41:00,850 --> 00:41:02,960 Power to save life, power to end life. 870 00:41:03,020 --> 00:41:04,230 More fascinated with death. 871 00:41:04,760 --> 00:41:06,360 Jack, somebody that's in love with himself 872 00:41:06,430 --> 00:41:09,000 isn't going to like having his opinions challenged. 873 00:41:09,060 --> 00:41:10,740 He'll hate it. 874 00:41:11,200 --> 00:41:13,180 One weakness he does have, 875 00:41:13,230 --> 00:41:15,110 he's not afraid of you. 876 00:41:16,940 --> 00:41:20,040 FILLMORE: Mr. McCoy, are you ready to proceed? 877 00:41:20,110 --> 00:41:21,280 JACK: Yes, Your Honor. 878 00:41:24,940 --> 00:41:29,150 Michael Sutter isn't the first severely handicapped patient 879 00:41:29,220 --> 00:41:30,890 you've had in your care, is he? 880 00:41:31,480 --> 00:41:32,860 No. I've had many. 881 00:41:34,090 --> 00:41:35,160 Did you kill them all? 882 00:41:35,690 --> 00:41:37,130 Objection! 883 00:41:37,190 --> 00:41:40,600 Sustained. Watch your step, Mr. McCoy. 884 00:41:41,960 --> 00:41:43,440 I'll rephrase. 885 00:41:43,500 --> 00:41:47,470 When dealing with other patients with similar difficulties, 886 00:41:47,530 --> 00:41:50,670 how did you justify allowing some of them to live? 887 00:41:51,400 --> 00:41:53,850 Every case must be assessed on its own merits. 888 00:41:54,270 --> 00:41:56,850 By you? No need to consult the family? 889 00:41:57,310 --> 00:42:00,220 The Sutters had already made their wishes known. 890 00:42:00,280 --> 00:42:02,690 But ultimately, it was your decision, 891 00:42:02,850 --> 00:42:04,350 and you weren't afraid to make it? 892 00:42:04,480 --> 00:42:05,990 I have the training. 893 00:42:06,050 --> 00:42:09,190 The training to decide who should die, and when? 894 00:42:09,760 --> 00:42:14,140 The training to recognize when there is no more hope. 895 00:42:14,190 --> 00:42:19,670 And did your training tell you to use hemlock to kill a helpless boy? 896 00:42:21,070 --> 00:42:24,670 Coniine, the active ingredient, causes the lungs to shut down. 897 00:42:24,740 --> 00:42:26,510 It's an effective agent of death. 898 00:42:26,570 --> 00:42:29,380 It causes all muscles to shut down. 899 00:42:29,440 --> 00:42:32,220 It's a horribly painful death, isn't it? 900 00:42:32,850 --> 00:42:35,550 My specialty is spinal cord injuries. 901 00:42:35,620 --> 00:42:38,760 That's why the Sutters chose me to care for their boy. 902 00:42:40,150 --> 00:42:42,260 Michael's death was relatively pain-free. 903 00:42:42,490 --> 00:42:43,760 Relatively? 904 00:42:46,460 --> 00:42:51,930 Wouldn't potassium chloride have been quick and completely pain-free? 905 00:42:53,670 --> 00:42:54,740 The difference is, 906 00:42:54,800 --> 00:42:56,250 that would have raised red flags 907 00:42:56,300 --> 00:42:58,780 all around the hospital, isn't that right? 908 00:42:58,840 --> 00:43:01,790 If you're implying that my medical opinion was compromised 909 00:43:01,840 --> 00:43:04,480 by a desire not to be detected, you're right. 910 00:43:05,450 --> 00:43:09,450 I would rather be in a hospital right now, caring for my patients, 911 00:43:09,920 --> 00:43:12,560 than defending this ridiculous charge. 912 00:43:13,190 --> 00:43:15,830 But Michael Sutter's death was humane. 913 00:43:16,460 --> 00:43:17,700 You have no doubt at all? 914 00:43:17,760 --> 00:43:20,070 No. It was the right thing to do. 915 00:43:23,830 --> 00:43:25,740 Then why didn't you come forward 916 00:43:25,800 --> 00:43:28,040 when Mr. Sutter was charged with murder? 917 00:43:30,400 --> 00:43:32,080 Come on, Dr. Semenko. 918 00:43:32,440 --> 00:43:35,390 If you have such confidence in your own goodness, 919 00:43:35,440 --> 00:43:37,750 why let an innocent man go to jail? 920 00:43:38,110 --> 00:43:39,110 Objection, Your Honor. 921 00:43:39,180 --> 00:43:40,180 FILLMORE: Overruled. 922 00:43:41,050 --> 00:43:43,190 Dr. Semenko, answer his question. 923 00:43:44,750 --> 00:43:45,790 I don't know. 924 00:43:45,850 --> 00:43:49,130 Is it because deep in your heart you knew what you did was wrong? 925 00:43:49,190 --> 00:43:51,400 That you had committed murder? 926 00:43:55,460 --> 00:43:56,530 No more questions. 927 00:43:56,600 --> 00:43:58,080 No, I want to answer. 928 00:44:03,000 --> 00:44:05,880 I have confidence in the judicial system. 929 00:44:06,310 --> 00:44:09,340 I knew Mr. Sutter would be found innocent. 930 00:44:09,810 --> 00:44:12,090 If I stepped forward, I'd lose my license. 931 00:44:12,150 --> 00:44:16,620 I'd lose my ability to continue my work to care for my patients. 932 00:44:19,750 --> 00:44:21,060 (SIGHS) 933 00:44:21,820 --> 00:44:24,830 He's awfully slick. The bastard. 934 00:44:25,360 --> 00:44:27,400 He said the Sutters chose him. 935 00:44:27,460 --> 00:44:30,930 Joe Sutter told the police the hospital assigned Semenko to them. 936 00:44:31,000 --> 00:44:34,170 Maybe Semenko's lying, trying to build himself up. 937 00:44:34,630 --> 00:44:35,980 Check it out. 938 00:44:40,140 --> 00:44:41,710 Has the jury reached a verdict? 939 00:44:41,770 --> 00:44:43,480 FOREMAN: Yes, we have, Your Honor. 940 00:44:43,740 --> 00:44:45,480 On the first count of the indictment, 941 00:44:45,550 --> 00:44:48,120 Murder in the Second Degree, how do you find? 942 00:44:48,180 --> 00:44:50,320 We find the defendant not guilty. 943 00:44:50,780 --> 00:44:52,790 FILLMORE: On the second count of the indictment, 944 00:44:52,850 --> 00:44:55,420 Manslaughter in the First Degree, how do you find? 945 00:44:55,490 --> 00:44:57,970 FOREMAN: We find the defendant not guilty. 946 00:44:58,020 --> 00:45:00,270 And on the final count of the indictment, 947 00:45:00,330 --> 00:45:03,140 Manslaughter in the Second Degree, how do you find? 948 00:45:03,200 --> 00:45:05,540 We find the defendant guilty. 949 00:45:05,600 --> 00:45:06,940 (GAVEL POUNDS) 950 00:45:07,970 --> 00:45:09,000 (WHISPERING) 951 00:45:23,520 --> 00:45:25,830 They're calling Semenko the next Kevorkian. 952 00:45:25,890 --> 00:45:27,090 Read on. 953 00:45:27,890 --> 00:45:29,590 They've already received donations 954 00:45:29,660 --> 00:45:31,600 for his appeal from all 50 states. 955 00:45:31,660 --> 00:45:32,690 Yeah, well, don't be surprised 956 00:45:32,790 --> 00:45:34,640 if the Sutters kick in a few extra bucks. 957 00:45:34,690 --> 00:45:37,200 The hospital confirmed Joe Sutter asked for their son 958 00:45:37,260 --> 00:45:38,830 to be transferred to Semenko's care. 959 00:45:39,530 --> 00:45:40,700 I don't want to hear this. 960 00:45:40,770 --> 00:45:42,710 ROSS: I pulled Lois Sutter's resume. 961 00:45:43,000 --> 00:45:46,110 Her last job, she spent two days a week at Bergen County Clinical. 962 00:45:46,170 --> 00:45:48,740 She was there for five of Semenko's suspicious deaths. 963 00:45:49,280 --> 00:45:52,310 They knew. They put their kid in front of a loaded gun. 964 00:45:52,380 --> 00:45:53,910 What are you gonna do about it? 965 00:45:54,850 --> 00:45:57,560 You couldn't even convict Semenko of murder. 966 00:45:58,550 --> 00:46:00,590 Who's joining me for dinner?