1 00:00:06,340 --> 00:00:06,507 . 2 00:00:06,540 --> 00:00:07,441 - In the criminal justice system, 3 00:00:08,576 --> 00:00:10,111 sexually based offenses 4 00:00:10,144 --> 00:00:11,512 are considered especially heinous. 5 00:00:11,545 --> 00:00:14,148 In New York City, the dedicated detectives 6 00:00:14,182 --> 00:00:16,050 who investigate these vicious felonies 7 00:00:16,084 --> 00:00:17,351 are members of an elite squad 8 00:00:17,385 --> 00:00:19,520 known as the Special Victims Unit. 9 00:00:19,553 --> 00:00:21,155 These are their stories. 10 00:00:22,490 --> 00:00:24,158 - Keep making buzzer beaters like that, 11 00:00:24,192 --> 00:00:25,659 and you'll be playing for the Liberty. 12 00:00:25,693 --> 00:00:26,794 - I wish. 13 00:00:26,827 --> 00:00:28,629 Remember that game against Dallas? 14 00:00:28,662 --> 00:00:30,731 - Tina Charles finds Zellous in the corner with five seconds. 15 00:00:30,764 --> 00:00:32,133 Zellous launches a three, 16 00:00:32,166 --> 00:00:34,235 and swish, the Liberty win. 17 00:00:34,268 --> 00:00:37,338 - Lily, we're not on the court anymore. 18 00:00:37,371 --> 00:00:39,073 We're not on the court anymore. 19 00:00:39,107 --> 00:00:40,341 - She's such a dork. 20 00:00:40,374 --> 00:00:42,410 - Yeah, I'm so sick of this stupid game. 21 00:00:42,443 --> 00:00:44,145 - You weren't sick of it on my turn. 22 00:00:44,178 --> 00:00:45,413 - Day's officially over anyway, so. 23 00:00:45,446 --> 00:00:47,281 - Hey, not until your mom picks you up. 24 00:00:47,315 --> 00:00:50,184 And actually, it's that time again. 25 00:00:50,218 --> 00:00:52,186 - No, guys, no. 26 00:00:52,220 --> 00:00:53,721 - Eww. 27 00:00:53,754 --> 00:00:55,389 Which guy? 28 00:00:55,423 --> 00:00:58,692 There. 29 00:00:58,726 --> 00:01:01,495 - You have to go over there and--right over there. 30 00:01:01,529 --> 00:01:02,796 - No, no. 31 00:01:02,830 --> 00:01:05,399 - You have to do it, Zoe. 32 00:01:05,433 --> 00:01:06,834 - Fine, but then I'm done, right? 33 00:01:06,867 --> 00:01:10,104 - Maybe, if you don't die of humiliation. 34 00:01:11,805 --> 00:01:13,407 - Okay. 35 00:01:17,211 --> 00:01:20,348 - Oh, my God, she is actually doing it. 36 00:01:20,381 --> 00:01:22,516 - Literally the best day of my life. 37 00:01:26,687 --> 00:01:29,190 - Hi. 38 00:01:29,223 --> 00:01:30,524 both: Red Parrot! 39 00:01:30,558 --> 00:01:31,525 - Red Parrot! 40 00:01:31,559 --> 00:01:33,494 - Red Parrot! 41 00:01:38,499 --> 00:01:40,734 - Lily, Lisa, have you girls seen Zoe? 42 00:01:40,768 --> 00:01:43,137 - Not since we got off the bus after the game. 43 00:01:43,171 --> 00:01:44,705 - She's not answering her cell phone. 44 00:01:44,738 --> 00:01:46,540 - Maybe the battery died. 45 00:01:50,378 --> 00:01:52,346 - I've run this sports center for 20 years. 46 00:01:52,380 --> 00:01:53,614 This has never happened. 47 00:01:53,647 --> 00:01:55,349 - This place have security cameras? 48 00:01:55,383 --> 00:01:57,385 - It's not in the budget. 49 00:01:57,418 --> 00:01:58,886 - According to her friends, she never returned 50 00:01:58,919 --> 00:02:01,289 to the Rec Center when the bus pulled up after a game. 51 00:02:02,456 --> 00:02:05,859 - Yes, and we called in their parents. 52 00:02:05,893 --> 00:02:07,228 These are detectives. 53 00:02:07,261 --> 00:02:09,263 They need to talk to Lily and Lisa. 54 00:02:09,297 --> 00:02:12,400 - So, you two were the last ones to see Zoe? 55 00:02:12,433 --> 00:02:15,203 - Mm-hmm. 56 00:02:16,670 --> 00:02:18,772 - Lily, we have to tell the truth. 57 00:02:18,806 --> 00:02:20,241 - That's right, young lady. 58 00:02:20,274 --> 00:02:21,909 - Nothing. 59 00:02:21,942 --> 00:02:25,346 - Lisa. 60 00:02:25,379 --> 00:02:27,615 - Okay, ladies, listen to me. 61 00:02:27,648 --> 00:02:29,650 You're not in trouble, all right? 62 00:02:29,683 --> 00:02:32,586 We just--we just need to know what happened. 63 00:02:32,620 --> 00:02:34,922 so we can find Zoe. 64 00:02:34,955 --> 00:02:38,292 She's your friend, right? 65 00:02:38,326 --> 00:02:41,462 So just take a breath and tell me what happened. 66 00:02:45,266 --> 00:02:47,768 - So when we got off the bus, 67 00:02:47,801 --> 00:02:50,671 we dared her to kiss some rando on the street. 68 00:02:50,704 --> 00:02:51,705 - A man. 69 00:02:59,447 --> 00:03:00,981 - Zoe went over to him, 70 00:03:01,014 --> 00:03:03,317 then we went inside. 71 00:03:03,351 --> 00:03:05,386 Now she's gone. 72 00:03:16,664 --> 00:03:23,704 * 73 00:04:00,841 --> 00:04:02,376 You Zoe's basketball coach? 74 00:04:02,410 --> 00:04:04,011 - Please tell me you found her. - Not yet, 75 00:04:04,044 --> 00:04:06,514 but we do have a few questions. - This is my worst nightmare. 76 00:04:06,547 --> 00:04:09,049 - It's a tough job, a lot of kids to be responsible for. 77 00:04:09,082 --> 00:04:10,651 We're sure you do your best. 78 00:04:10,684 --> 00:04:12,486 - Can you describe the man that Zoe approached 79 00:04:12,520 --> 00:04:14,955 after she got off the bus? 80 00:04:16,724 --> 00:04:19,560 - No, and I'm almost certain I accounted for everyone when-- 81 00:04:20,928 --> 00:04:22,363 - I always do a head count, 82 00:04:22,396 --> 00:04:25,299 but maybe it was when we got on the bus. 83 00:04:29,770 --> 00:04:31,672 - Where was Zoe the last time you saw her? 84 00:04:31,705 --> 00:04:33,607 - Right over there with the man. 85 00:04:36,577 --> 00:04:38,779 - He had light brown skin, like, Indian, maybe? 86 00:04:38,812 --> 00:04:40,748 Was it short 87 00:04:40,781 --> 00:04:41,949 What color was it? 88 00:04:41,982 --> 00:04:43,551 - I couldn't tell because of his helmet. 89 00:04:44,585 --> 00:04:45,919 So, he had a bike? 90 00:04:45,953 --> 00:04:47,555 - Yeah, the ones you could rent. 91 00:04:47,588 --> 00:04:49,022 He was taking it out of the rack. 92 00:04:49,056 --> 00:04:51,825 - Okay, and which dock was he taking it out of? 93 00:04:51,859 --> 00:04:52,960 - Right at the end. 94 00:04:52,993 --> 00:04:54,562 - Yeah, the very first one. 95 00:04:54,595 --> 00:04:56,063 - BikeNYC's got digital docking. 96 00:04:56,096 --> 00:04:58,599 They'll have his name and address. 97 00:04:58,632 --> 00:04:59,833 Thank you. 98 00:05:01,902 --> 00:05:04,004 David Gidumal. Police. 99 00:05:06,139 --> 00:05:08,108 - If Zoe's in there, exigent circumstances, 100 00:05:08,141 --> 00:05:09,877 right, Counselor? 101 00:05:09,910 --> 00:05:12,079 - Right about here. 102 00:05:19,853 --> 00:05:21,455 - Clear. 103 00:05:25,693 --> 00:05:26,727 - Clear. 104 00:05:48,749 --> 00:05:50,083 Oh, we got lucky. 105 00:05:50,117 --> 00:05:53,020 The guy's got a Find My Phone app on his computer. 106 00:05:53,053 --> 00:05:55,689 Let's see. 107 00:06:00,127 --> 00:06:03,797 It says... 108 00:06:03,831 --> 00:06:08,135 He should be here. 109 00:06:09,903 --> 00:06:10,971 - Stop. - NYPD. 110 00:06:12,139 --> 00:06:13,774 - Y-yeah, what are you doing here? 111 00:06:15,509 --> 00:06:17,678 - The girl! 112 00:06:17,711 --> 00:06:18,646 - She's missing. 113 00:06:18,679 --> 00:06:21,782 And she was last seen with you. 114 00:06:21,815 --> 00:06:23,551 - You think--wait. 115 00:06:23,584 --> 00:06:25,853 I was taking out a bike, and she tapped my shoulder. 116 00:06:25,886 --> 00:06:28,756 I turned around and she kissed me on the cheek and ran away. 117 00:06:28,789 --> 00:06:30,658 Her friends shouted, "Red Parrot." 118 00:06:30,691 --> 00:06:32,926 - I was as confused as you are. 119 00:06:34,495 --> 00:06:36,564 - She ran away with her friends, giggling. 120 00:06:36,597 --> 00:06:38,065 Then they went into the Rec Center. 121 00:06:38,098 --> 00:06:40,601 - Now hold on, you're absolutely sure 122 00:06:40,634 --> 00:06:42,636 you saw all three of them go inside? 123 00:06:42,670 --> 00:06:43,671 - Positive. 124 00:06:43,704 --> 00:06:45,439 - All right, you're gonna have to 125 00:06:45,473 --> 00:06:46,674 come with us until we can confirm your story. 126 00:06:46,707 --> 00:06:48,542 - My door-- I can't leave it like this. 127 00:06:48,576 --> 00:06:50,210 - Call a locksmith; the Department will reimburse you. 128 00:06:50,243 --> 00:06:53,013 - Hey, Loo. Yeah, the bike guy checks out, 129 00:06:53,046 --> 00:06:55,449 and if he's telling the truth, we're thinking Zoe might 130 00:06:55,483 --> 00:06:56,784 still be in the Rec Center. 131 00:06:56,817 --> 00:06:59,086 - I want a grid search-- every storage room, 132 00:06:59,119 --> 00:07:02,055 every utility space, every office checked 133 00:07:02,089 --> 00:07:04,592 top to bottom. Go. 134 00:07:10,798 --> 00:07:12,500 - Okay, she's gotta be here somewhere. 135 00:07:13,934 --> 00:07:17,170 - Kids don't go anywhere without their cell phones. 136 00:07:31,118 --> 00:07:33,186 Zoe? 137 00:07:48,769 --> 00:07:50,671 Zoe? 138 00:08:02,916 --> 00:08:04,885 I need some help in here! 139 00:08:04,918 --> 00:08:07,487 Fin, get up to the gym immediately. 140 00:08:12,259 --> 00:08:14,795 Help me out. Over here. 141 00:08:14,828 --> 00:08:16,864 - Okay, move all this stuff out the way. 142 00:08:16,897 --> 00:08:18,098 Get it out of here. 143 00:08:20,934 --> 00:08:23,070 Zoe? 144 00:08:23,103 --> 00:08:27,307 Can you hear me, honey 145 00:08:27,340 --> 00:08:29,042 - Okay, somebody call a bus! 146 00:08:29,076 --> 00:08:30,911 - Stay with me, Zoe, I got you. They're on their way. 147 00:08:30,944 --> 00:08:32,813 Help is on the way, okay, honey? 148 00:08:32,846 --> 00:08:34,648 Honey, stay with me. 149 00:08:34,682 --> 00:08:37,685 Stay with me, Zoe, stay with me. 150 00:08:41,288 --> 00:08:41,789 . 151 00:08:41,822 --> 00:08:42,690 - So they're taking her to Mercy Hospital. 152 00:08:44,191 --> 00:08:45,759 It's one of the best pediatric ICUs in the city. 153 00:08:45,793 --> 00:08:47,227 One of you can ride with Zoe. 154 00:08:47,260 --> 00:08:49,029 - This officer will take you and follow the ambulance. 155 00:08:49,062 --> 00:08:51,565 - I will, oh, my God. - Thank you. 156 00:08:53,266 --> 00:08:54,802 - We don't know at this point. 157 00:08:54,835 --> 00:08:56,570 - You have any idea why she was in the gym? 158 00:08:56,604 --> 00:08:57,671 - She wasn't supposed to be in there. 159 00:08:57,705 --> 00:08:58,972 The girls were told to change, 160 00:08:59,006 --> 00:09:00,574 get what they need from their lockers, 161 00:09:00,608 --> 00:09:02,976 and wait by the front door for their pick-ups. 162 00:09:03,010 --> 00:09:05,345 Okay, go with him, please. 163 00:09:05,378 --> 00:09:07,648 - Uh, we'll see. 164 00:09:08,816 --> 00:09:11,151 - Not according to the EMTs. 165 00:09:11,184 --> 00:09:13,053 - So--so she was here the entire time 166 00:09:13,086 --> 00:09:15,322 her two friends told us otherwise? 167 00:09:15,355 --> 00:09:16,824 - Take them in. 168 00:09:16,857 --> 00:09:19,593 I wanna see if they know why and how Zoe ended up 169 00:09:19,627 --> 00:09:23,363 in her underwear, unconscious, behind those bleachers. 170 00:09:23,396 --> 00:09:25,833 - Listen, Lily, 171 00:09:25,866 --> 00:09:28,869 what happened is in the past-- that's done. 172 00:09:28,902 --> 00:09:29,937 But you can make up for it right now 173 00:09:29,970 --> 00:09:31,138 by telling me the truth. 174 00:09:31,171 --> 00:09:32,806 I know that you didn't wanna hurt Zoe. 175 00:09:32,840 --> 00:09:34,041 I know that. 176 00:09:34,074 --> 00:09:35,809 - How did Zoe fall under the bleachers? 177 00:09:35,843 --> 00:09:37,745 - It was just a stupid prank. 178 00:09:37,778 --> 00:09:38,946 - Okay. 179 00:09:38,979 --> 00:09:40,347 What was the prank? 180 00:09:40,380 --> 00:09:42,650 - Red Parrot. 181 00:09:42,683 --> 00:09:43,917 Lisa saw it on YouTube. 182 00:09:43,951 --> 00:09:45,886 - I-It's this thing where for a whole day, 183 00:09:45,919 --> 00:09:49,790 you have to do any dare your friends tell you to. 184 00:09:49,823 --> 00:09:51,859 Lily went first. 185 00:09:51,892 --> 00:09:53,761 Yesterday was my turn. 186 00:09:53,794 --> 00:09:57,130 - Today was Zoe's day. 187 00:09:57,164 --> 00:10:00,868 First, she had to spill her soda at lunch. 188 00:10:00,901 --> 00:10:03,103 - Then tell Coach Clare she had bad breath. 189 00:10:03,136 --> 00:10:05,405 - And then you dared her to kiss the man on the bike? 190 00:10:05,438 --> 00:10:08,642 - Only on the cheek, though. 191 00:10:08,676 --> 00:10:11,011 - And then when we got back to the Rec Center to change... 192 00:10:11,044 --> 00:10:14,948 - It was supposed to be her last dare. 193 00:10:14,982 --> 00:10:17,417 She had to run a lap around the gym 194 00:10:17,450 --> 00:10:18,986 in her underwear. 195 00:10:19,019 --> 00:10:20,287 - We thought it'd be funny to throw her clothes up 196 00:10:20,320 --> 00:10:22,990 on the bleachers, and she started climbing up 197 00:10:23,023 --> 00:10:25,092 to get them, we ran away. 198 00:10:25,125 --> 00:10:26,827 - I didn't know she fell and hurt her head. 199 00:10:26,860 --> 00:10:28,061 - Lily said if we told somebody 200 00:10:28,095 --> 00:10:31,298 we were pranking her, we'd get in trouble. 201 00:10:31,331 --> 00:10:33,734 - I'm so sorry. 202 00:10:33,767 --> 00:10:34,868 - It was an accident. 203 00:10:34,902 --> 00:10:37,237 - I wish I never played that game. 204 00:10:37,270 --> 00:10:41,008 I wish I didn't run away. 205 00:10:41,041 --> 00:10:43,777 I'm really, really sorry. 206 00:10:54,454 --> 00:10:56,323 - Zoe's still in surgery. 207 00:10:56,356 --> 00:10:59,259 They're trying to relieve the pressure in her brain. 208 00:10:59,292 --> 00:11:01,795 It's been hours, and we haven't heard anything. 209 00:11:01,829 --> 00:11:03,764 - Is there anything that we can get you? 210 00:11:03,797 --> 00:11:05,165 - No. 211 00:11:05,198 --> 00:11:07,367 Maybe just say a prayer for her? 212 00:11:07,400 --> 00:11:08,836 - Yes, of course. 213 00:11:08,869 --> 00:11:10,904 Do you know yet? 214 00:11:10,938 --> 00:11:12,906 - We talked to Lisa and Lily again. 215 00:11:12,940 --> 00:11:16,109 Let's just say it was a prank gone wrong. 216 00:11:16,143 --> 00:11:17,177 - Oh, my God. 217 00:11:17,210 --> 00:11:19,913 - It was an accident, and... 218 00:11:19,947 --> 00:11:22,816 The girls are remorseful, 219 00:11:22,850 --> 00:11:24,852 to say the least. 220 00:11:24,885 --> 00:11:26,854 - Mr. and Mrs. Bergkamp-- 221 00:11:26,887 --> 00:11:29,089 can we talk privately for a moment? 222 00:11:36,196 --> 00:11:40,400 - That's never a good sign. 223 00:11:52,012 --> 00:11:53,781 - I don't understand, Doctor. 224 00:11:53,814 --> 00:11:55,082 I was so hopeful. 225 00:11:55,115 --> 00:11:57,284 When I found Zoe, she was-- she was breathing. 226 00:11:57,317 --> 00:11:59,452 - The impact caused cerebral edema-- 227 00:11:59,486 --> 00:12:00,854 brain swelling. 228 00:12:00,888 --> 00:12:02,355 We tried to relieve the pressure 229 00:12:02,389 --> 00:12:04,825 by fenestration with a burr hole into the skull, 230 00:12:04,858 --> 00:12:06,994 but the swelling was too severe. 231 00:12:07,027 --> 00:12:08,128 She died during surgery. 232 00:12:08,161 --> 00:12:09,963 - Damn. - And if... 233 00:12:09,997 --> 00:12:11,364 We had found her earlier? 234 00:12:11,398 --> 00:12:13,366 - I doubt it would've made a difference. 235 00:12:13,400 --> 00:12:18,471 I'm sure the M.E. will declare manner of death accidental. 236 00:12:18,505 --> 00:12:20,974 If you'll excuse me. 237 00:12:24,477 --> 00:12:26,246 - Hey, Rollins, when you were a kid, 238 00:12:26,279 --> 00:12:28,816 what was the dumbest thing you ever did? 239 00:12:28,849 --> 00:12:30,317 Me and Stevie Harris 240 00:12:30,350 --> 00:12:32,953 used to steal our dads' .22s and go 241 00:12:32,986 --> 00:12:36,256 shoot cans off a stump, and one day, 242 00:12:36,289 --> 00:12:38,191 I-I dared him to go down to the stump 243 00:12:38,225 --> 00:12:40,994 and just hold the can an arm's length out. 244 00:12:41,028 --> 00:12:43,230 Dead-eye Amanda shoots a bullet hole 245 00:12:43,263 --> 00:12:44,898 right through the sleeve of his sweatshirt. 246 00:12:44,932 --> 00:12:45,999 - You know what, remind me never to go 247 00:12:46,033 --> 00:12:47,300 to the practice range with you. 248 00:12:47,334 --> 00:12:49,102 - Remind me never to let Jesse leave the house. 249 00:12:49,136 --> 00:12:51,538 - Hey, any word on your missing kid? 250 00:12:51,571 --> 00:12:54,975 - Lieutenant found her in the gym, unconscious. 251 00:12:55,008 --> 00:12:56,343 She died a few minutes ago. 252 00:12:56,376 --> 00:12:58,511 - Seems like an accident. 253 00:12:58,545 --> 00:13:00,247 - Two of her little friends were playing a prank, 254 00:13:00,280 --> 00:13:02,249 and I guess the poor kid slipped 255 00:13:02,282 --> 00:13:04,184 and fell head first off the top of the bleachers. 256 00:13:04,217 --> 00:13:06,286 - Is it something we might wanna refer to Family Court? 257 00:13:06,319 --> 00:13:08,288 - Both the girls already got kicked out of their sports camp 258 00:13:08,321 --> 00:13:10,157 for not telling the truth about what happened. 259 00:13:10,190 --> 00:13:11,524 Plus, they have to live with this the rest of their lives. 260 00:13:11,558 --> 00:13:13,927 - If every 12 year old were arrested for lying, 261 00:13:13,961 --> 00:13:15,462 you wouldn't wanna see my rap sheet. 262 00:13:15,495 --> 00:13:17,397 - We can send you our reports if you wanna pursue this. 263 00:13:17,430 --> 00:13:18,465 - Nah, it's heartbreaking, 264 00:13:18,498 --> 00:13:20,400 but these girls don't sound like Thelma and Louise. 265 00:13:20,433 --> 00:13:22,202 Seems like the right call. 266 00:13:26,573 --> 00:13:29,309 - Hi. 267 00:13:29,342 --> 00:13:32,212 We just wanted to offer our condolences. 268 00:13:32,245 --> 00:13:37,517 Detective Tutuola and I both have kids, and... 269 00:13:37,550 --> 00:13:40,520 We just can't imagine what-- what you're both going through. 270 00:13:41,955 --> 00:13:43,056 - Thanks. 271 00:13:43,090 --> 00:13:47,027 I just wanna walk. 272 00:13:47,060 --> 00:13:48,461 Zoe's ring. 273 00:13:48,495 --> 00:13:51,198 I meant to take it. It was my mom's. 274 00:13:51,231 --> 00:13:53,934 - Well, we can arrange to get that back to you. 275 00:13:53,967 --> 00:13:57,938 - No, I would really like to have it back right now. 276 00:13:57,971 --> 00:13:59,472 - Yeah. 277 00:13:59,506 --> 00:14:01,241 I'll be back. 278 00:14:01,274 --> 00:14:04,144 Come on. 279 00:14:33,974 --> 00:14:35,242 - She had surgery on her head. 280 00:14:35,275 --> 00:14:37,410 Why is there an incision down to her waist? 281 00:14:42,215 --> 00:14:44,217 When you wake up, 282 00:14:44,251 --> 00:14:46,353 you're gonna feel all better, 283 00:14:46,386 --> 00:14:48,555 and you're gonna get to have all the Jell-O you want. 284 00:14:48,588 --> 00:14:49,689 What's your favorite flavor? 285 00:14:51,424 --> 00:14:53,060 - Detectives. 286 00:14:53,093 --> 00:14:55,228 I'm with the bravest kid in New York right now. 287 00:14:55,262 --> 00:14:59,066 - We need to speak with you ASAP. 288 00:14:59,099 --> 00:15:01,101 - I'll be right back. 289 00:15:05,705 --> 00:15:07,307 What's going on? 290 00:15:07,340 --> 00:15:09,642 - Zoe Bergkamp's incision-- the one on her chest? 291 00:15:11,011 --> 00:15:14,982 - Why'd you cut her open like that? 292 00:15:15,015 --> 00:15:16,549 - To harvest her organs-- 293 00:15:16,583 --> 00:15:21,488 two beautiful kidneys, a liver, and a heart. 294 00:15:21,521 --> 00:15:23,556 - Did the Bergkamps sign off on this? 295 00:15:23,590 --> 00:15:26,559 Well, not exactly. 296 00:15:28,695 --> 00:15:30,563 - No. 297 00:15:30,597 --> 00:15:33,967 - Where are the organs right now? 298 00:15:34,001 --> 00:15:36,369 - The liver and the kidneys are in refrigeration here. 299 00:15:36,403 --> 00:15:39,606 The heart is on its way to a hospital in Buffalo. 300 00:15:39,639 --> 00:15:42,009 - Call the driver and have him turn around now. 301 00:15:42,042 --> 00:15:44,144 - It's actually a helicopter. 302 00:15:44,177 --> 00:15:46,546 It's on the roof. 303 00:15:46,579 --> 00:15:48,481 - Okay, you stay with her. 304 00:15:54,354 --> 00:15:56,489 NYPD! 305 00:15:56,523 --> 00:15:57,657 Stop. 306 00:15:59,192 --> 00:16:01,494 - I need to take custody of this cooler. 307 00:16:01,528 --> 00:16:04,064 The organ may be evidence of a crime. 308 00:16:04,097 --> 00:16:05,465 - There's a terminally ill boy 309 00:16:05,498 --> 00:16:08,601 being prepped right now for a heart transplant. 310 00:16:08,635 --> 00:16:11,004 - He's gonna have to wait for another one. 311 00:16:11,038 --> 00:16:12,605 - It's a miracle we have this one. 312 00:16:12,639 --> 00:16:14,641 He's been on the list for three years. 313 00:16:17,144 --> 00:16:19,612 So we're good to go? 314 00:16:19,646 --> 00:16:21,614 - I don't know, I, uh, 315 00:16:21,648 --> 00:16:23,350 I need more time. 316 00:16:23,383 --> 00:16:24,584 - It's wheels up now, 317 00:16:24,617 --> 00:16:26,386 or this kid's probably gonna die. 318 00:16:36,163 --> 00:16:36,463 . 319 00:16:36,496 --> 00:16:37,430 - We've--we've located your daughter's organs, 320 00:16:38,798 --> 00:16:41,101 and they are still here in the hospital. 321 00:16:41,134 --> 00:16:43,070 - Why'd she take them without our permission? 322 00:16:43,103 --> 00:16:45,638 - We're gonna address that at another time, 323 00:16:45,672 --> 00:16:48,375 but--but right now, we need to make a decision 324 00:16:48,408 --> 00:16:50,443 about--about Zoe's heart. 325 00:16:52,612 --> 00:16:56,583 - It was being harvested for transplantation. 326 00:16:56,616 --> 00:16:59,786 Right now, there's a helicopter on the roof 327 00:16:59,819 --> 00:17:02,389 waiting to take it to Buffalo 328 00:17:02,422 --> 00:17:04,557 for a little boy who's very sick. 329 00:17:04,591 --> 00:17:06,793 - Please tell me this isn't happening. 330 00:17:06,826 --> 00:17:09,296 - Can we have a few days to figure this out? 331 00:17:09,329 --> 00:17:11,098 - Unfortunately, no. 332 00:17:11,131 --> 00:17:12,699 Um... 333 00:17:12,732 --> 00:17:16,536 If the helicopter doesn't leave in the next ten minutes, 334 00:17:16,569 --> 00:17:19,206 then-- then the heart is useless. 335 00:17:20,307 --> 00:17:24,344 - I'm sorry... 336 00:17:24,377 --> 00:17:26,146 Came out wrong. 337 00:17:26,179 --> 00:17:30,683 I'm very sorry that I have to ask you about this right now, 338 00:17:30,717 --> 00:17:33,786 but you have a chance to save a little boy's life, 339 00:17:33,820 --> 00:17:37,557 so we need to make a decision. 340 00:17:37,590 --> 00:17:40,360 - Meredith, maybe we should-- 341 00:17:40,393 --> 00:17:41,628 - No. 342 00:17:41,661 --> 00:17:43,196 It's just not right. 343 00:17:43,230 --> 00:17:47,300 I mean, I mean, there are pieces of her missing. 344 00:17:47,334 --> 00:17:51,338 - Okay. Okay. 345 00:17:51,371 --> 00:17:53,606 - Please, Lieutenant, you're making a huge mistake-- 346 00:17:53,640 --> 00:17:54,874 - I wish I had a choice. 347 00:17:54,907 --> 00:17:58,345 - You do. Just give me the cooler. 348 00:17:58,378 --> 00:18:00,347 I'll say I ignored your orders. 349 00:18:00,380 --> 00:18:01,748 - I can't let you do that. 350 00:18:01,781 --> 00:18:03,450 You'd be committing a crime. 351 00:18:03,483 --> 00:18:04,851 - I promise I'll turn myself in 352 00:18:04,884 --> 00:18:07,454 once I get that heart to Buffalo. 353 00:18:07,487 --> 00:18:09,856 What if this was your sick kid, 354 00:18:09,889 --> 00:18:14,227 and that was the answer to all your prayers? 355 00:18:14,261 --> 00:18:19,132 - Liv, maybe you and I got here too late. 356 00:18:19,166 --> 00:18:20,500 - I can't. 357 00:18:20,533 --> 00:18:22,769 I'm sorry. 358 00:18:29,642 --> 00:18:30,777 - I just don't understand why 359 00:18:30,810 --> 00:18:32,345 this is a matter for the police. 360 00:18:32,379 --> 00:18:36,249 - And it may not be. I just wanna get all the facts. 361 00:18:42,489 --> 00:18:43,856 - It's really very simple. 362 00:18:43,890 --> 00:18:45,658 When Zoe Bergkamp hit her head, 363 00:18:45,692 --> 00:18:47,460 her brain swelled inside her skull. 364 00:18:47,494 --> 00:18:49,829 We did everything we could in surgery to vent the pressure, 365 00:18:49,862 --> 00:18:52,632 but the fluid was crushing the brain stem. 366 00:18:52,665 --> 00:18:54,267 That's light's out. 367 00:18:54,301 --> 00:18:57,537 She was pronounced dead by neurological criteria. 368 00:18:57,570 --> 00:18:59,172 Her heart was beating, 369 00:18:59,206 --> 00:19:00,940 but for all intents and purposes, she was gone. 370 00:19:00,973 --> 00:19:03,643 That's the textbook scenario for harvesting, 371 00:19:03,676 --> 00:19:05,478 - So you just took it upon yourself 372 00:19:05,512 --> 00:19:08,915 to assume that the parents would consent? 373 00:19:08,948 --> 00:19:10,082 - I did. 374 00:19:10,116 --> 00:19:13,720 - But you didn't even have a brief conversation with them. 375 00:19:13,753 --> 00:19:16,889 - Truthfully, I couldn't risk them saying no. 376 00:19:16,923 --> 00:19:18,591 There was another child to consider, 377 00:19:18,625 --> 00:19:21,328 one that was alive. 378 00:19:21,361 --> 00:19:23,296 - Don't ask, don't tell. 379 00:19:24,497 --> 00:19:25,965 - Because the law says that... 380 00:19:25,998 --> 00:19:28,868 You need explicit consent. 381 00:19:28,901 --> 00:19:29,936 - And the law is wrong. 382 00:19:29,969 --> 00:19:34,374 - That's not for you to decide. 383 00:19:34,407 --> 00:19:38,311 - Would you bend the law to save a life, Lieutenant? 384 00:19:42,315 --> 00:19:43,950 Right. 385 00:19:43,983 --> 00:19:47,987 You didn't strike me as an absolutist. 386 00:19:48,020 --> 00:19:50,790 So let's have some respect for each other. 387 00:19:50,823 --> 00:19:52,859 I could never do what you do. 388 00:19:52,892 --> 00:19:54,694 And I don't think that you're in any position 389 00:19:54,727 --> 00:19:56,963 to second-guess my professional judgment. 390 00:19:56,996 --> 00:20:00,667 - You're right. 391 00:20:00,700 --> 00:20:02,735 But it's not my call. 392 00:20:02,769 --> 00:20:03,970 - This doctor admits 393 00:20:04,003 --> 00:20:05,705 she presumed consent by the parents? 394 00:20:05,738 --> 00:20:08,341 - Well, I don't know if presumed is the right word. 395 00:20:08,375 --> 00:20:09,776 There was nothing stopping her, 396 00:20:09,809 --> 00:20:12,445 so she cut this girl open and she harvested her organs. 397 00:20:12,479 --> 00:20:13,713 - An assault charge isn't viable 398 00:20:13,746 --> 00:20:15,415 if Zoe had been pronounced. 399 00:20:15,448 --> 00:20:16,749 Was there money changing hands? - Not that I know of. 400 00:20:17,917 --> 00:20:19,452 - Naturally, they're pretty upset. 401 00:20:19,486 --> 00:20:20,820 - Upset enough to testify if we filed charges? 402 00:20:20,853 --> 00:20:22,722 - I don't know, Stone, but my gut is that 403 00:20:22,755 --> 00:20:25,492 this doesn't belong in criminal court. 404 00:20:25,525 --> 00:20:26,626 - There's probably a felony here. 405 00:20:26,659 --> 00:20:28,395 - Yeah, that--that I was close 406 00:20:28,428 --> 00:20:29,529 to being an accomplice to. 407 00:20:29,562 --> 00:20:31,731 - You stopped it. 408 00:20:31,764 --> 00:20:36,669 - And I'm still not sure that I made the right call. 409 00:20:36,703 --> 00:20:38,338 - This isn't about assuaging your guilt, Olivia? 410 00:20:38,371 --> 00:20:40,039 - Well, that's easy for you to say, isn't it? 411 00:20:40,072 --> 00:20:41,808 Because you weren't there to make the call. 412 00:20:41,841 --> 00:20:43,976 - So find out if this was a one-off lapse of judgment. 413 00:20:44,010 --> 00:20:45,678 I'll hold off on getting an arrest warrant 414 00:20:45,712 --> 00:20:48,348 until I speak to Zoe's parents. 415 00:20:48,381 --> 00:20:51,651 - Thank you. 416 00:20:53,520 --> 00:20:55,655 - Dr. Franchella's a hero around here. 417 00:20:55,688 --> 00:20:57,857 I can't tell you how many lives she's saved. 418 00:20:57,890 --> 00:20:59,926 - How long has she been in the harvesting business? 419 00:20:59,959 --> 00:21:02,429 - She started sending us pediatric organs 420 00:21:02,462 --> 00:21:04,297 five, six years ago-- 421 00:21:04,331 --> 00:21:05,798 kidneys, livers, hearts. 422 00:21:05,832 --> 00:21:07,300 And you have to understand-- 423 00:21:07,334 --> 00:21:09,502 kids' organs are extremely hard to come by, 424 00:21:09,536 --> 00:21:10,903 especially here in New York. 425 00:21:10,937 --> 00:21:12,372 - And you just accept them, no questions asked? 426 00:21:12,405 --> 00:21:14,341 - Her paperwork is always in order. 427 00:21:15,241 --> 00:21:17,777 - Consent forms, compatibility analyses, 428 00:21:17,810 --> 00:21:19,646 tissue typing, HLA screens. 429 00:21:19,679 --> 00:21:20,980 - We're gonna need to see all that. 430 00:21:21,013 --> 00:21:24,651 - Wait, is Dr. Franchella under investigation? 431 00:21:24,684 --> 00:21:25,852 - Actually, yes, she is. 432 00:21:25,885 --> 00:21:27,920 - We can't afford to lose this doctor. 433 00:21:27,954 --> 00:21:31,057 - We're still gonna need those records. 434 00:21:31,090 --> 00:21:33,926 We tracked down 35 children whose organs were harvested 435 00:21:33,960 --> 00:21:35,795 by Dr. Franchella, but only four families 436 00:21:35,828 --> 00:21:37,830 recall signing donation consent forms. 437 00:21:39,499 --> 00:21:41,033 - They claimed they didn't sign anything. 438 00:21:41,067 --> 00:21:43,470 - It wasn't easy telling them their dead kid's organs 439 00:21:43,503 --> 00:21:44,571 were in somebody else. 440 00:21:44,604 --> 00:21:45,938 - Better you than me. 441 00:21:45,972 --> 00:21:48,375 - Now, even though the families didn't consent, 442 00:21:48,408 --> 00:21:52,078 there's a completed form for each kid. 443 00:21:52,111 --> 00:21:53,145 - I'm no expert, 444 00:21:53,179 --> 00:21:56,082 but the handwriting's the same on all the forms. 445 00:21:56,115 --> 00:21:57,850 - Yeah, look at the sevens. 446 00:21:57,884 --> 00:21:59,719 Every time she uses one for a date or the time, 447 00:21:59,752 --> 00:22:01,421 it's got a European cross. 448 00:22:01,454 --> 00:22:03,390 - Well, Dr. Franchella studied at Oxford for two years. 449 00:22:03,423 --> 00:22:05,858 - So she signed all 31 consent forms. 450 00:22:05,892 --> 00:22:09,429 At a minimum, that's forgery. 451 00:22:11,598 --> 00:22:12,832 - Thank you for seeing me. 452 00:22:12,865 --> 00:22:15,034 I know it's been a difficult time. 453 00:22:15,067 --> 00:22:16,836 - We're planning our daughter's funeral. 454 00:22:16,869 --> 00:22:18,838 Difficult doesn't begin to cover it. 455 00:22:18,871 --> 00:22:20,807 - Please accept my condolences. 456 00:22:20,840 --> 00:22:22,409 But I do need to loop you in 457 00:22:22,442 --> 00:22:25,077 on our investigation of Dr. Franchella. 458 00:22:28,047 --> 00:22:29,449 - Can you just tell us what this is? 459 00:22:29,482 --> 00:22:31,784 I can't look at anymore paperwork. 460 00:22:31,818 --> 00:22:34,487 - These are organ donor consent forms-- 461 00:22:34,521 --> 00:22:36,856 all of them forged by Dr. Franchella. 462 00:22:36,889 --> 00:22:37,857 There's 31 of them. 463 00:22:39,125 --> 00:22:41,027 - Yes, and we're considering 464 00:22:41,060 --> 00:22:43,129 filing forgery charges on behalf of each family. 465 00:22:45,164 --> 00:22:48,435 She cut open my daughter's chest, 466 00:22:48,468 --> 00:22:50,136 and ripped out her still-beating heart. 467 00:22:50,169 --> 00:22:51,838 - She never even gave us a choice. 468 00:22:51,871 --> 00:22:54,741 - And she clearly violated the law. 469 00:22:54,774 --> 00:22:57,143 But there is the ethical question 470 00:22:57,176 --> 00:22:59,612 as to whether her actions may have saved other children. 471 00:22:59,646 --> 00:23:00,980 - Don't. 472 00:23:01,013 --> 00:23:02,882 Just don't. 473 00:23:02,915 --> 00:23:05,418 You think this is ethical? 474 00:23:05,452 --> 00:23:08,521 She stole my child's body parts. 475 00:23:08,555 --> 00:23:10,423 What gave her the right to do that? 476 00:23:10,457 --> 00:23:11,524 A medical degree? 477 00:23:11,558 --> 00:23:14,060 - She had no right to do that to us, 478 00:23:14,093 --> 00:23:15,127 to Zoe. 479 00:23:15,161 --> 00:23:17,497 - You bring your kid to the hospital 480 00:23:17,530 --> 00:23:21,868 and you expect them to take care of her. 481 00:23:21,901 --> 00:23:25,705 You trust them with your precious baby, 482 00:23:25,738 --> 00:23:28,575 and they give her to a vulture. 483 00:23:36,516 --> 00:23:38,050 - The Bergkamps are pressing charges? 484 00:23:38,084 --> 00:23:39,819 - The Bergkamps are the least of your problems. 485 00:23:39,852 --> 00:23:41,488 - Do you really need to use handcuffs? 486 00:23:41,521 --> 00:23:42,922 - Standard procedure. 487 00:23:42,955 --> 00:23:44,190 Please be careful. 488 00:23:44,223 --> 00:23:46,192 Once this nonsense is cleared up, 489 00:23:46,225 --> 00:23:49,596 there are a lot of children who are still gonna need my help. 490 00:23:53,633 --> 00:23:53,800 . 491 00:23:53,833 --> 00:23:54,534 - All we have against Dr. Franchella 492 00:23:55,267 --> 00:23:56,736 are the forgeries. 493 00:23:56,769 --> 00:23:58,505 Did anything turn up in her financials? 494 00:23:58,538 --> 00:23:59,739 - No, we've been over it three times. 495 00:23:59,772 --> 00:24:01,474 She didn't take a dime for any of this. 496 00:24:01,508 --> 00:24:03,643 But she does donate a sizeable amount to charities. 497 00:24:03,676 --> 00:24:05,211 - Well, what's she looking at in terms of jail time? 498 00:24:05,244 --> 00:24:06,979 - Seven years, times 32. 499 00:24:07,013 --> 00:24:08,881 - That's a lot of time over some paperwork. 500 00:24:08,915 --> 00:24:10,783 - And if Zoe's parents make a victims' statement 501 00:24:10,817 --> 00:24:12,251 after a conviction, don't be surprised 502 00:24:12,284 --> 00:24:13,986 if she gets double digits upstate. 503 00:24:15,187 --> 00:24:16,689 - I can't say I blame them. 504 00:24:16,723 --> 00:24:18,024 - I think this woman's practically a saint, 505 00:24:18,057 --> 00:24:19,859 forgery or not. - You'd let some doctor 506 00:24:19,892 --> 00:24:21,494 rip your kid's heart out while-- 507 00:24:21,528 --> 00:24:22,929 while it's still beating in her chest? 508 00:24:22,962 --> 00:24:25,197 - Two separate doctors declared her brain dead-- 509 00:24:25,231 --> 00:24:27,199 - Okay, so--so you're saying hospital bureaucrats 510 00:24:27,233 --> 00:24:28,935 should get to decide what parents do 511 00:24:28,968 --> 00:24:30,603 with their dead child's body parts? 512 00:24:30,637 --> 00:24:31,838 - I'm not saying that. - I'm with Carisi. 513 00:24:31,871 --> 00:24:33,272 I don't see what the big deal is. 514 00:24:33,305 --> 00:24:34,874 Dead is dead. 515 00:24:34,907 --> 00:24:36,543 - Everybody has a right to their own opinion. 516 00:24:36,576 --> 00:24:37,910 But as it stands now, 517 00:24:37,944 --> 00:24:39,546 if you don't have explicit consent to harvest 518 00:24:39,579 --> 00:24:42,014 a dead child's organs, it's a felony. 519 00:24:47,253 --> 00:24:49,255 - We were both in shock. 520 00:24:49,288 --> 00:24:53,059 This was the worst day of our lives. 521 00:24:53,092 --> 00:24:54,694 I-I mean... 522 00:24:54,727 --> 00:24:57,296 One minute, you're... 523 00:24:57,329 --> 00:24:59,966 Kissing your little girl good-bye in the morning, 524 00:24:59,999 --> 00:25:01,601 and then the next... 525 00:25:04,904 --> 00:25:06,138 - Do you need some time, Meredith? 526 00:25:06,172 --> 00:25:09,175 - No, no, no. 527 00:25:09,208 --> 00:25:13,179 It's okay. 528 00:25:13,212 --> 00:25:15,715 - People's One for identification. 529 00:25:15,748 --> 00:25:18,017 Do you recognize this organ donor authorization? 530 00:25:18,050 --> 00:25:22,321 - That's my name, but it's not my handwriting. 531 00:25:22,354 --> 00:25:25,257 And that is not my signature. 532 00:25:25,291 --> 00:25:27,660 - Nothing further. 533 00:25:32,832 --> 00:25:38,137 - I am so sorry for your loss, Mrs. Bergkamp. 534 00:25:38,170 --> 00:25:41,273 That day at the hospital, after Zoe had passed, 535 00:25:41,307 --> 00:25:45,111 did you have a conversation with Lieutenant Olivia Benson? 536 00:25:45,144 --> 00:25:46,278 - Yes, we did. 537 00:25:48,848 --> 00:25:52,785 - Well, since Zoe's heart had already been... 538 00:25:52,819 --> 00:25:54,954 Removed... 539 00:25:54,987 --> 00:25:58,958 She was trying to convince us to donate it. 540 00:25:58,991 --> 00:26:01,728 - So the Lieutenant and Dr. Franchella 541 00:26:01,761 --> 00:26:03,229 were on the same page? 542 00:26:03,262 --> 00:26:06,132 - And that was very upsetting. 543 00:26:06,165 --> 00:26:10,637 It had only been a few minutes since Zoe had died, 544 00:26:10,670 --> 00:26:13,773 and Lieutenant Benson was already 545 00:26:13,806 --> 00:26:17,844 laying a guilt trip on us. 546 00:26:17,877 --> 00:26:19,912 Dylan and I were basket cases. 547 00:26:19,946 --> 00:26:23,650 We were in no shape to make a decision like that. 548 00:26:23,683 --> 00:26:26,653 And by then, the damage was already done. 549 00:26:26,686 --> 00:26:29,756 You know, I don't know why 550 00:26:29,789 --> 00:26:33,626 a doctor thinks she had the right 551 00:26:33,660 --> 00:26:37,697 to cut out my baby's heart 552 00:26:37,730 --> 00:26:42,068 from her chest without asking us. 553 00:26:45,705 --> 00:26:47,640 - My name's Harry Lonegan. 554 00:26:47,674 --> 00:26:49,041 I'm from Buffalo, New York. 555 00:26:49,075 --> 00:26:51,744 - I'm going to ask you some personal questions 556 00:26:51,778 --> 00:26:53,412 about your health, Harry, is that okay? 557 00:26:53,445 --> 00:26:54,947 - Sure. 558 00:26:54,981 --> 00:26:59,686 - So tell us, do you have any medical problems? 559 00:26:59,719 --> 00:27:01,420 - I have something called HCM. 560 00:27:04,223 --> 00:27:07,226 - Yeah, it means that my heart muscle is too thick 561 00:27:07,259 --> 00:27:08,828 so it doesn't pump right. 562 00:27:08,861 --> 00:27:11,864 - And do you see a doctor for this condition, Harry? 563 00:27:11,898 --> 00:27:16,168 - A lot of doctors-- my cardiologist, surgeon... 564 00:27:17,770 --> 00:27:19,906 - Well, the muscle that's too thick in my heart 565 00:27:19,939 --> 00:27:22,274 is getting much worse, so if I don't get 566 00:27:22,308 --> 00:27:24,711 a new heart soon, I could die. 567 00:27:24,744 --> 00:27:26,212 But if I do get a new heart soon, 568 00:27:26,245 --> 00:27:29,882 Dr. Wilson said I could live to be 90. 569 00:27:29,916 --> 00:27:32,184 - I wanna ask you about the day that you went 570 00:27:32,218 --> 00:27:35,688 to the Women and Children's Hospital of Buffalo, Harry. 571 00:27:35,722 --> 00:27:37,356 Why did you go there? 572 00:27:37,389 --> 00:27:40,226 - Well, my mom got a call from Dr. Wilson. 573 00:27:40,259 --> 00:27:42,461 He said that a girl had died in New York City 574 00:27:42,494 --> 00:27:44,697 and her heart was a match. 575 00:27:44,731 --> 00:27:46,933 So my mom and dad rushed me to the hospital 576 00:27:46,966 --> 00:27:48,835 to get ready for the transplant. 577 00:27:48,868 --> 00:27:51,938 - And what happened after you arrived? 578 00:27:51,971 --> 00:27:53,405 - Well, they got a room for me, 579 00:27:53,439 --> 00:27:57,109 and Dr. Wilson came in and told us what to expect. 580 00:27:57,143 --> 00:28:00,446 Then the nurses got me ready for the operation. 581 00:28:00,479 --> 00:28:04,083 But the new heart never came. 582 00:28:04,116 --> 00:28:07,153 So my mom and dad just took me home. 583 00:28:07,186 --> 00:28:09,421 - How many times has Dr. Wilson called 584 00:28:09,455 --> 00:28:12,725 to tell you that a new heart was a match? 585 00:28:12,759 --> 00:28:14,894 - That was the only time. 586 00:28:14,927 --> 00:28:20,166 I've been on the waiting list for three years. 587 00:28:20,199 --> 00:28:24,036 - Thank you, Harry. 588 00:28:27,774 --> 00:28:29,208 - No questions, 589 00:28:29,241 --> 00:28:32,244 but I'm sure I speak for everyone in this court, Harry. 590 00:28:32,278 --> 00:28:34,280 You're a very brave young man, 591 00:28:34,313 --> 00:28:36,082 and we wish you all the best. 592 00:28:45,157 --> 00:28:46,125 I'm so sorry. 593 00:28:46,158 --> 00:28:48,327 That must have been difficult to listen to. 594 00:28:48,360 --> 00:28:49,528 - It was. 595 00:28:49,561 --> 00:28:51,764 You know, Mer, 596 00:28:51,798 --> 00:28:53,232 maybe we should drop our part of the case. 597 00:28:53,265 --> 00:28:54,934 - No, Dylan. - We should've listened 598 00:28:54,967 --> 00:28:56,502 to Lieutenant Benson when she asked us 599 00:28:56,535 --> 00:28:57,970 to let Zoe's heart go to that boy. 600 00:28:58,004 --> 00:28:59,138 - You should never have been 601 00:28:59,171 --> 00:29:00,506 put in that position, Mr. Bergkamp. 602 00:29:00,539 --> 00:29:02,008 That's what this case is all about. 603 00:29:02,041 --> 00:29:03,776 - But how can you try to punish Dr. Franchella 604 00:29:03,810 --> 00:29:06,779 when all she wanted to do is save lives? 605 00:29:09,281 --> 00:29:11,317 Honey, I need to say something to them. 606 00:29:11,350 --> 00:29:14,086 - Don't you dare. 607 00:29:14,120 --> 00:29:17,356 - Excuse me. 608 00:29:17,389 --> 00:29:20,092 I'm Dylan Bergkamp. That's my wife, Meredith. 609 00:29:20,126 --> 00:29:21,360 Yeah, we know who you are. 610 00:29:21,393 --> 00:29:23,529 - We're sorry for your loss. 611 00:29:23,562 --> 00:29:26,365 - I just wanna ask you to forgive us. 612 00:29:26,398 --> 00:29:29,035 In that moment after Zoe died-- 613 00:29:29,068 --> 00:29:30,502 well, we made a selfish decision, 614 00:29:30,536 --> 00:29:32,371 and I wish we could change that. 615 00:29:32,404 --> 00:29:35,842 But my wife and I... 616 00:29:35,875 --> 00:29:37,576 Harry, we just know that another family's 617 00:29:37,609 --> 00:29:39,311 gonna come through for you. 618 00:29:50,890 --> 00:29:53,359 - I've been a pediatric surgeon at Mercy Hospital 619 00:29:53,392 --> 00:29:55,027 for the past 12 years. 620 00:29:55,061 --> 00:29:58,597 I've done approximately 1,900 major surgical procedures 621 00:29:58,630 --> 00:30:00,199 on children during that period. 622 00:30:00,232 --> 00:30:02,568 - Do you know what the mortality rate is 623 00:30:02,601 --> 00:30:04,003 for those procedures? 624 00:30:04,036 --> 00:30:06,005 - About 3%, which is, I'm proud to say, 625 00:30:06,038 --> 00:30:09,876 about half the national average for pediatric surgeries. 626 00:30:09,909 --> 00:30:12,411 - And in those exceptional cases 627 00:30:12,444 --> 00:30:14,413 where your patients don't survive the procedure, 628 00:30:14,446 --> 00:30:18,584 what is your hospital's policy on organ harvesting? 629 00:30:18,617 --> 00:30:20,519 - Let me be very frank about this. 630 00:30:20,552 --> 00:30:22,855 I do not follow my hospital's policy. 631 00:30:22,889 --> 00:30:25,257 - Could you explain that, Doctor? 632 00:30:25,291 --> 00:30:26,893 - Sure, um, 633 00:30:26,926 --> 00:30:29,128 most parents whose children undergo surgery 634 00:30:29,161 --> 00:30:31,530 do not consent to organ donation 635 00:30:31,563 --> 00:30:33,933 for a variety of reasons. 636 00:30:33,966 --> 00:30:36,302 So, unless I have a situation 637 00:30:36,335 --> 00:30:38,404 in which a parent has explicitly indicated 638 00:30:38,437 --> 00:30:41,607 that they do not want their child's organs donated, 639 00:30:41,640 --> 00:30:45,311 I presume consent, which is actually the law 640 00:30:45,344 --> 00:30:46,946 in over 20 European countries. 641 00:30:48,480 --> 00:30:50,282 - Right. It's a disgrace. 642 00:30:50,316 --> 00:30:52,418 We're in the dark ages of organ donation. 643 00:30:52,451 --> 00:30:56,989 - So, if one of your patients' organ consent form is blank... 644 00:30:57,023 --> 00:30:58,958 - I harvest their organs if they're viable 645 00:30:58,991 --> 00:31:00,226 for transplantation. 646 00:31:00,259 --> 00:31:02,461 - And the consent forms themselves? 647 00:31:02,494 --> 00:31:04,964 - I fill them out so that the Northeast Organ Network 648 00:31:04,997 --> 00:31:06,398 will accept the donations. 649 00:31:06,432 --> 00:31:08,467 Otherwise, they can't be used in transplants, 650 00:31:08,500 --> 00:31:10,102 and children will die. 651 00:31:13,172 --> 00:31:15,007 - I show you 652 00:31:15,041 --> 00:31:18,978 defense exhibit D-1 through D-31 653 00:31:19,011 --> 00:31:21,447 for identification. 654 00:31:21,480 --> 00:31:24,216 Do you recognize these files, Dr. Franchella? 655 00:31:24,250 --> 00:31:28,254 - They're the medical charts of 31 children across 656 00:31:28,287 --> 00:31:31,223 the northeast who have received organs that I've harvested. 657 00:31:31,257 --> 00:31:35,361 - And in each of these cases, you presumed consent 658 00:31:35,394 --> 00:31:37,629 to harvesting organs these kids received? 659 00:31:37,663 --> 00:31:39,231 - Correct, 660 00:31:39,265 --> 00:31:40,967 because to ask a parent to make that decision 661 00:31:41,000 --> 00:31:45,637 at the worst moment of their lives is... 662 00:31:45,671 --> 00:31:49,441 Distasteful, to say the least. 663 00:31:53,412 --> 00:31:57,984 - How many of these transplants were successful? 664 00:31:58,017 --> 00:32:00,452 - All of them. 665 00:32:00,486 --> 00:32:04,523 - Including Jessica LaFell, 666 00:32:04,556 --> 00:32:07,193 Emma Hyatt, 667 00:32:07,226 --> 00:32:10,262 Robbie Sanders, Dez Mohammed-- 668 00:32:10,296 --> 00:32:12,464 - We get the point, Your Honor. 669 00:32:12,498 --> 00:32:14,700 - Nothing further. 670 00:32:23,209 --> 00:32:24,143 - Hey. 671 00:32:26,012 --> 00:32:29,448 - No, thank you. 672 00:32:31,150 --> 00:32:33,552 - Thirty-one kids who received organs from Dr. Franchella. 673 00:32:33,585 --> 00:32:35,421 - Yeah. 674 00:32:35,454 --> 00:32:37,323 Well, about that, uh, 675 00:32:37,356 --> 00:32:39,992 I've come to realize that I made 676 00:32:40,026 --> 00:32:43,129 the wrong call on that roof in the hospital. 677 00:32:43,162 --> 00:32:44,296 - I feel like a priest today-- 678 00:32:44,330 --> 00:32:45,998 everybody unloading their guilt. 679 00:32:46,032 --> 00:32:49,001 - Well, that should tell you something. 680 00:32:49,035 --> 00:32:51,503 This wasn't police business. 681 00:32:54,040 --> 00:32:55,341 - When I first came to New York, 682 00:32:55,374 --> 00:32:58,410 I spent all my time at the hospital with my father. 683 00:32:58,444 --> 00:33:01,013 And every afternoon, I'd go down to the cafeteria, 684 00:33:01,047 --> 00:33:04,650 grab a cup of coffee. 685 00:33:04,683 --> 00:33:07,319 My father died while I was asking 686 00:33:07,353 --> 00:33:12,224 one of the servers down there for some half-and-half. 687 00:33:12,258 --> 00:33:15,527 - That must've been hard. 688 00:33:15,561 --> 00:33:16,795 - It would've been a lot harder 689 00:33:16,828 --> 00:33:18,597 if the doctor had harvested his organs 690 00:33:18,630 --> 00:33:20,266 before I got back to his room. 691 00:33:26,372 --> 00:33:27,739 - You should've seen the look 692 00:33:27,773 --> 00:33:29,275 in the parents' eyes when I told them. 693 00:33:29,308 --> 00:33:30,542 - You did the right thing, Olivia. 694 00:33:30,576 --> 00:33:33,045 - And if that little boy in Buffalo dies 695 00:33:33,079 --> 00:33:34,613 because I did the right thing? 696 00:33:34,646 --> 00:33:37,483 - Things are never easy when they're not black and white. 697 00:33:39,118 --> 00:33:42,621 Well, there's nothing gray for Dr. Franchella. 698 00:33:42,654 --> 00:33:44,223 She had to know that this was 699 00:33:44,256 --> 00:33:46,625 gonna eventually catch up with her. 700 00:33:46,658 --> 00:33:49,061 She put her life on the line. 701 00:33:49,095 --> 00:33:52,398 She isn't getting a penny for it. 702 00:33:55,434 --> 00:33:57,469 - When you vetted Dr. Franchella's financials, 703 00:33:57,503 --> 00:34:00,739 there was a notation about her charitable donations. 704 00:34:00,772 --> 00:34:02,641 - Mm-hmm. 705 00:34:02,674 --> 00:34:04,276 - Could she be laundering money 706 00:34:04,310 --> 00:34:07,546 she's getting for organs through those donations? 707 00:34:10,316 --> 00:34:13,652 - I'll have my people check it out. 708 00:34:17,423 --> 00:34:18,824 - Hey. 709 00:34:18,857 --> 00:34:21,460 We found something that you need to see. 710 00:34:21,493 --> 00:34:24,363 Dr. Franchella donates $50,000 every year 711 00:34:24,396 --> 00:34:25,797 to the Children's Heart Procurement Fund. 712 00:34:25,831 --> 00:34:27,366 - That's very generous. 713 00:34:27,399 --> 00:34:29,135 - It's not the amount that jumped out at us. 714 00:34:29,168 --> 00:34:32,438 It's who she dedicates the donation to. 715 00:34:41,747 --> 00:34:42,114 . 716 00:34:42,148 --> 00:34:42,781 - Good morning, Dr. Franchella. 717 00:34:45,284 --> 00:34:48,287 Yesterday, you admitted to forging 32 signatures 718 00:34:48,320 --> 00:34:49,688 on organ donor consent forms. 719 00:34:49,721 --> 00:34:52,391 - Yes, to save the lives of 32 children. 720 00:34:52,424 --> 00:34:54,360 - And you dared to do this because you felt 721 00:34:54,393 --> 00:34:56,695 you were above the law? 722 00:34:56,728 --> 00:34:59,365 - Well, when a law is wrong, when a law is harmful, 723 00:34:59,398 --> 00:35:01,700 we have to find the courage to disobey it. 724 00:35:01,733 --> 00:35:03,769 - So you see yourself as some kind of a-- 725 00:35:03,802 --> 00:35:06,305 what, an activist? 726 00:35:06,338 --> 00:35:07,406 - Sure. 727 00:35:09,541 --> 00:35:11,643 - That's what a pediatric surgeon is, 728 00:35:11,677 --> 00:35:14,446 by definition. 729 00:35:14,480 --> 00:35:18,484 - You had a son named Benjamin. 730 00:35:18,517 --> 00:35:20,186 - That's right. 731 00:35:20,219 --> 00:35:23,355 - He died from a congenital heart condition in 2006. 732 00:35:26,192 --> 00:35:27,659 - Yes. 733 00:35:27,693 --> 00:35:30,262 - Was he on the waiting list for a heart transplant, 734 00:35:30,296 --> 00:35:32,731 a transplant that he never received? 735 00:35:32,764 --> 00:35:34,200 - That's correct. 736 00:35:34,233 --> 00:35:35,567 - Did the death of your own son 737 00:35:35,601 --> 00:35:38,237 inspire you to specialize in pediatric surgery? 738 00:35:38,270 --> 00:35:39,805 - Yes, it did. 739 00:35:39,838 --> 00:35:41,807 - So the fact that Benjamin didn't receive his transplant 740 00:35:41,840 --> 00:35:44,343 is what motivates you to break the law? 741 00:35:44,376 --> 00:35:47,246 - My only motivation is to save lives. 742 00:35:47,279 --> 00:35:48,514 - Is it possible, Dr. Franchella, 743 00:35:48,547 --> 00:35:49,815 that in your zeal to save lives, 744 00:35:49,848 --> 00:35:51,417 you'd harvest an organ from a child 745 00:35:51,450 --> 00:35:52,618 that was not legally deceased? 746 00:35:52,651 --> 00:35:55,421 - Objection. This is outrageous. 747 00:35:55,454 --> 00:35:56,755 Mr. Stone is insinuating 748 00:35:56,788 --> 00:35:58,590 that Dr. Franchella committed a homicide. 749 00:35:58,624 --> 00:36:00,792 - Move to strike. 750 00:36:00,826 --> 00:36:02,961 - Mr. Stone's remark is stricken from the record, 751 00:36:02,994 --> 00:36:05,564 but I will allow the question. 752 00:36:05,597 --> 00:36:08,567 - And here's my answer. 753 00:36:08,600 --> 00:36:09,901 A second attending physician 754 00:36:09,935 --> 00:36:12,438 needs to certify death on any patient, 755 00:36:12,471 --> 00:36:14,206 so it's not just my medical judgment 756 00:36:14,240 --> 00:36:15,674 that's dispositive. 757 00:36:15,707 --> 00:36:18,244 And why would I let one child die to save another? 758 00:36:18,277 --> 00:36:19,878 It makes--makes no sense. 759 00:36:19,911 --> 00:36:23,449 - But did you try hard enough to save Zoe Bergkamp's life? 760 00:36:24,916 --> 00:36:27,719 - Did you try hard enough to save Zoe Bergkamp's life? 761 00:36:27,753 --> 00:36:29,588 - The fenestration procedure failed. 762 00:36:29,621 --> 00:36:31,590 She was legally brain dead when I cut her chest open-- 763 00:36:31,623 --> 00:36:33,659 - No, you're not answering my question, Doctor. 764 00:36:33,692 --> 00:36:35,594 If that was your Benjamin on that table, 765 00:36:35,627 --> 00:36:37,396 at that moment, would you really have 766 00:36:37,429 --> 00:36:40,966 cracked open his sternum and cut out his heart? 767 00:37:10,962 --> 00:37:15,434 - This is Jessica LaFell at her tenth birthday party, 768 00:37:15,467 --> 00:37:20,772 Erin Hyatt practicing before her band recital, 769 00:37:20,806 --> 00:37:23,041 and Robbie Sanders playing point guard 770 00:37:23,074 --> 00:37:25,744 for his junior varsity team. 771 00:37:25,777 --> 00:37:27,979 [shoes squeaking on court, faint cheering] 772 00:37:29,515 --> 00:37:32,651 These are just a few of the kids who were recipients 773 00:37:32,684 --> 00:37:35,754 of organs harvested by Dr. Franchella. 774 00:37:35,787 --> 00:37:38,290 Most of them probably wouldn't be alive 775 00:37:38,324 --> 00:37:40,792 if she "followed" the rules. 776 00:37:40,826 --> 00:37:43,529 Under the cold, hard facts, she broke the law, 777 00:37:43,562 --> 00:37:46,798 but as Judge Goldfarb will instruct you, 778 00:37:46,832 --> 00:37:50,402 the law excuses a criminal act 779 00:37:50,436 --> 00:37:53,872 if it is based on necessity. 780 00:37:58,544 --> 00:38:01,447 This... 781 00:38:01,480 --> 00:38:05,817 Is the definition of necessity. 782 00:38:23,702 --> 00:38:25,337 - Some of you may have a little red heart 783 00:38:25,371 --> 00:38:26,938 on your driver's license, 784 00:38:26,972 --> 00:38:29,775 and that's because you chose to be an organ donor. 785 00:38:29,808 --> 00:38:32,478 The government didn't make that decision for you 786 00:38:32,511 --> 00:38:35,013 and a doctor certainly didn't, 787 00:38:35,046 --> 00:38:36,848 because it's your body, 788 00:38:36,882 --> 00:38:38,850 and only you can decide what to do with it. 789 00:38:38,884 --> 00:38:42,654 Dylan and Meredith Bergkamp did not relinquish that right-- 790 00:38:42,688 --> 00:38:44,856 that fundamental right to make that highly personal 791 00:38:44,890 --> 00:38:47,993 and intimate choice for their daughter, Zoe. 792 00:38:48,026 --> 00:38:51,530 Instead, a zealot, motivated by her own personal tragedy, 793 00:38:51,563 --> 00:38:54,966 stole it with the stroke of a pen. 794 00:38:55,000 --> 00:38:57,536 While Zoe's heart was still beating, 795 00:38:57,569 --> 00:39:01,507 the defendant pilfered her organs 796 00:39:01,540 --> 00:39:03,008 and stitched up her empty torso, 797 00:39:03,041 --> 00:39:05,544 hoping that no one would notice. 798 00:39:05,577 --> 00:39:07,513 Ms. Staines is basically telling you 799 00:39:07,546 --> 00:39:10,382 the ends justify the means. 800 00:39:10,416 --> 00:39:12,884 Whose ends? 801 00:39:12,918 --> 00:39:14,953 Dr. Franchella arrogantly decided 802 00:39:14,986 --> 00:39:16,822 that she knew better than the patients' families, 803 00:39:16,855 --> 00:39:20,859 that she knows better than you. 804 00:39:20,892 --> 00:39:25,464 She did this by breaking the law. 805 00:39:25,497 --> 00:39:29,100 She did this by imposing her own morality. 806 00:39:29,134 --> 00:39:33,572 She did this by playing God. 807 00:39:48,654 --> 00:39:51,056 - Has the jury reached a verdict? 808 00:39:51,089 --> 00:39:52,924 - We have, Your Honor. 809 00:40:10,709 --> 00:40:12,978 - We find the defendant guilty of forgery 810 00:40:13,011 --> 00:40:15,981 in the second degree on all 32 counts. 811 00:40:19,184 --> 00:40:22,454 - Thank you for your services, ladies and gentlemen. 812 00:40:22,488 --> 00:40:25,223 This was a very difficult case. 813 00:40:25,256 --> 00:40:27,593 Court is dismissed. 814 00:40:33,699 --> 00:40:35,233 Yeah, of course, he does. 815 00:40:35,266 --> 00:40:38,236 Look, Lucy, he's had mac and cheese three times this week, 816 00:40:38,269 --> 00:40:40,105 so I'm just gonna pick up a falafel 817 00:40:40,138 --> 00:40:43,241 'cause at least it has something green in it. 818 00:40:43,274 --> 00:40:45,944 Okay, thank you. Bye. 819 00:40:47,212 --> 00:40:48,714 - When I was five, 820 00:40:48,747 --> 00:40:50,582 I ate a burger and fries every night of the week. 821 00:40:50,616 --> 00:40:53,852 - Why does that not surprise me? 822 00:40:53,885 --> 00:40:57,589 So, what's on your mind, Stone? 823 00:40:57,623 --> 00:41:01,793 - Uh, Dr. Franchella's sentencing. 824 00:41:01,827 --> 00:41:03,862 - You're seriously gonna ask for jail time? 825 00:41:03,895 --> 00:41:05,597 - We need to set an example. 826 00:41:05,631 --> 00:41:07,599 - For all the progressive-minded 827 00:41:07,633 --> 00:41:09,735 pediatric surgeons out there? 828 00:41:09,768 --> 00:41:11,169 - That's right. 829 00:41:11,202 --> 00:41:13,739 - Don't be a bully. 830 00:41:13,772 --> 00:41:15,607 She's gonna lose her medical license 831 00:41:15,641 --> 00:41:17,275 over the felony conviction. 832 00:41:17,308 --> 00:41:21,613 That's the worst punishment she could ever imagine. 833 00:41:21,647 --> 00:41:22,881 - I just took this job. 834 00:41:22,914 --> 00:41:24,282 I don't wanna look like a pushover. 835 00:41:24,315 --> 00:41:26,918 - Or... 836 00:41:26,952 --> 00:41:31,757 maybe you're overcompensating. 837 00:41:31,790 --> 00:41:33,291 For what? 838 00:41:33,324 --> 00:41:35,293 - For not being in the room 839 00:41:35,326 --> 00:41:37,663 with your father when he died. 840 00:41:37,696 --> 00:41:38,930 - Hey, 841 00:41:38,964 --> 00:41:41,900 I'm sorry to interrupt, um... 842 00:41:41,933 --> 00:41:44,903 We just got a call from Buffalo. 843 00:41:44,936 --> 00:41:47,673 Harry Lonegan died about an hour ago. 844 00:42:19,905 --> 00:42:20,071 . 845 00:42:22,841 --> 00:42:30,015 *