All language subtitles for Law.and.Order.S08E17.Carrier.1080p.AMZN.WEB-DL.DDP2.0.H.264-playWEB_track3_[eng]

yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

You're home early,
Mrs. Kiley.
How was your trip?

Oh, best anniversary present
I ever had, Michael.

Hey, Mr. K,
long flight?

It's always
long when you're
coming home, Michael.

Send the suitcases up,
would you?

Yes.
Your daughter, she...

Oh, May hasn't gone out,
has she? Not this early.

No, no. I haven't
seen her this morning.

Good.

What in the hell
is going on in here?

May?

Who are you?

May?
Oh, my God.

All right, come on.
Get up.

Get out of here,
all of you, right now.

May? May?

Andy?

Mr. Kiley.
I was... I was just...

Cover yourself.

Andy, what is
going on here?

May had a couple of kids over.

Oh, my God!

Lenore? Lenore!

Oh, my.

Oh!

Oh, my God.

It started out,
you know,
just a few kids.

What time?

Around 8:00, 8:30.

You go to school
with May?

I used to.
Before I went to Williams.

I'm on spring break.

You were here with
a girl, right? A date?

Yeah, she's from Dalton.
I met her at the party,
then we crashed.

You talk to May
at the party?

May was in the bedroom
with somebody.
I don't know who.

They were
having a bad fight.

You hear a gunshot?

I didn't hang around
outside the door.

I mean,
with the music that loud.

Wait here.
How are the parents?

Well, Mom's
calling her doctor, and
Dad's calling his lawyer.

Well, I got this one kid,
said he heard an argument
in May's bedroom. You?

No. Some of the kids
she hung out with thought
she was the life of the party.

Not anymore.

What happened last night
was not like her.

Up until this year, she never
even went to parties.

We worried about her.

A kid needs
a social life,

and May was always
such a loner.

Until last year,
and then she just
seemed to blossom.

Before you went to England...

There was never
any talk of a party.

What about drugs?

If you found any there,
they were not hers
or her friends'.

At least her
close friends'.

Are you sure?

Yes.

What about boyfriends?

May's crowd,

they don't really date
like we did.

Can you give us
some names?

That would be
Chris Landauer.

She's in her class.

And Julia Buckley.

She's a year behind her.

Sometime after 8:00,
8:30, kids, friends,
friends of friends,

strangers who heard about
the party started showing up.

Doorman
calls up to the apartment,
"Hey, are these your guests?"

May wants to be
popular so she says,
"Sure, send them up."

Yeah, so at some point
things get out of hand.

One kid said
he heard May arguing
with a guy around 11:00.

Now another kid,
Melinda Suarez,

heard a shot maybe
half an hour later.

But she thought it came
from the street.

The gun from the room?

A .22 caliber. Unregistered.
Latent's working
on the prints.

Gunshot residue?

Working on it.

11:30 to what?

What time did
the parents find May?

6:00.

6:00.
Six and a half hours.

None of the kids
went in the room,
saw the body?

The door closed?
It's possible.

The parents got there,
there were bodies
all over the place.

Sleeping, drugged, drunk.

What about
these Polaroids?

Well, you can get arrested
for putting them
on the Internet,

but no shots of May.

No diary or phone book?

Working on that, too.

Now, some other people
we talked to said,

"May was shy,
but everybody liked her.

"Fun, not wild.
A little naive."

If she'd been
a little more streetwise...

Maybe she would've been
killed on the street.

Latent got three sets
of prints off the gun.

The girl, an unknown, and
this mook, Maxwell Paris, 23,

just did six months
at Rikers for dealing.

So, how'd you
end up at the party, Max?

Somebody decides
to throw a party,

they just put your name
on the top of the list?

What do you do,
supply the party favors?

Am I under arrest?

For what?

How long were you
at the party?

A couple of hours.

Who'd you talk to?

You talk to May?

Who?
Your hostess.

We found this
gun there, Max.

It's got
your prints on it.
Now, why would that be?

Why would your prints
be on this gun, Max?

I just brought it, okay?

Some kid found it
in my pocket,

started showing it
around to people.

I tried to look
for the thing later,

but this blondie,
she could tell you.

I was with her
from the minute I walked
in the door till when I left.

Blondie got a name?

Well, everybody's got a name.
Cindy, I think. Mary.

All right,
you recognize blondie?

Yeah, yeah,
that's her, that's her.

If my mother ever
finds out that I was with
that guy...

Tell us about the gun.

It was a gun.

Well, a lot of your
friends carry guns?

No. Look, I didn't
even know he had it.

Some kid took it
out of his pants pocket.

And Max didn't
try to stop him?

Well, his pants were
on the other side
of the room.

Okay.

Were you
with him the whole time?

Did he go off by himself?
Get a beer?
Anything like that?

No, I came up in the
elevator with him and...

Well, I didn't know
that he was going
to the party.

We were both
crashers, so...

Well, I don't know,
he pretty much kept an
eye on me the whole night.

I think he was scared I was
going to run out on him
or something.

Yeah, he'd lose
his meal ticket.

Look, I know what goes on.

I mean, if you only
saw the dweebs

that I usually
go out with
from my school.

And this guy Max is,
what, exciting?

Real. I mean,
he really does stuff.

Like time in Rikers.

Look, I'm really sorry
about what happened
to Billy's girlfriend,

but Max was with me
the entire night.

Who's Billy?

Billy Fields,
the guy who told me
about the party.

He was there with May.

Where can we find him?

I don't know.
Greenwich Paper,
down on 12th Street.

Ever since it happened,
it's like a nightmare.

Well, you want to tell us
exactly what happened?

I wanted to
explain it to someone.

My friend Louis said that...
Louis?

Louis Morse. He said
that I should report it.

I was scared.
Hey, that's okay.

Something like this happens,
people get scared.

I didn't know
what to do, you know.

I mean, just a party.

It was just
a regular party.

May planned it a while ago,
when she heard her parents
were going out of town.

So, what happened
at the party?

I got there late,

and I was just
taking off my coat

when Louis pulled me
into May's bedroom.

And he had this gun.
I don't know
where he got it.

And we were
looking at it
when May came in.

And she was hysterical.

She was telling us
how she got this letter,

and that she had AIDS.

And she was crying,
and saying it wasn't fair.

I freaked. I was like,
I kept telling her,
"Are you sure?"

She said yes.

I thought
maybe I had it, too.

She told me to
put down the gun,

and she picked it up,
and somehow it went off.

I don't even know
what happened then.

I thought I killed her.

And I was scared.

Louis and I,
we just booked together.

God, I mean, I'm so sorry.

We got him
in interrogation,
waiting on his lawyer.

She tells him she's
got AIDS, he freaks and
accidentally shoots her.

You buy that story?

Well, he's a mess,

but his friend, Louis Morse,
confirms everything.

So, there's a struggle.

Maybe he wanted to kill her
because he was afraid
she'd given him AIDS,

and she tried to stop him?

We're having the M.E. check
if the girl was HIV positive,

and if the wound makes
the boy's story possible.

Well, book Max for criminal
possession of the weapon,

charge Billy
with murder two, and
talk to May's parents.

Find out what they know
about Billy.

HIV?
What are you talking about?
What are they talking about?

We're just trying
to confirm...

My daughter's dead,

and you come here
telling me she...

Who told you that?
Mr. Kiley, I...

Whoever told you that
is a liar.

My daughter was
not sexually active.

She was
fitted for a diaphragm
a little over a year ago.

She what?

May was a late bloomer.

She came to me
for advice, and I...

Why didn't you tell me this?

Because she was afraid
you would react the way
you're reacting.

Who was she sleeping with?

I didn't ask.

What is the detective
looking for?

Oh, he'll be finished
in a minute.

Did May ever talk about
getting tested for HIV?

What can you tell me
about her friend,
Billy Fields?

We met him
a couple of times.

He seemed like
a very sweet boy.

I didn't know
he was her boyfriend.

Found this in one
of her school books.
"May, we have to talk.

"It's very important. Lana."

Who's Lana?

There's a Lana Madison
in her chorus.

I don't think they
were friends, though.

May, and
this girl from Spence,
Grace Leonard, and me,

we all went out
with the same guy.

Me, about a year
and a half ago,

and then Grace a year ago,
and May nine, 10 months ago.

He bounced from Grace to her.

Who was the guy?

I only know
his street name. Twist.

Do you know
where we can find him?

I don't know.
I haven't seen
him around lately.

Does he go to
school with you?

No, he's older.

Couple of years.

Do you know
where he lives?

No, he just hangs
around the scene.

So, where did you...

My parents' place.

They were out.

What about May's
current boyfriend?

Billy? He's a shy kid.
You know, more May's speed.

Not like Twist.

I can't imagine him
shooting anybody.

Sounds like
you don't like Twist.

Yeah, well... No, like
three weeks after we
broke up,

I ran into him at a party,
and he told me he had AIDS,

so I probably had it,

and then he laughed.

And I thought
it was a sick joke.

He was just trying
to get back at me
for dumping him.

But two weeks ago,
I had to go get
tested for VD,

and I found out
Twist wasn't joking.

I'm sorry.

What do you guys say?

"Can't do the time,
don't do the crime"?

That's what it feels like.
You know, like
I'm some sort of criminal.

You getting help?

Yeah, I got a good doctor.
At least my parents say
he's good,

and now they get to
congratulate themselves

on being understanding.

This Twist,
would Grace know
where we can find him?

I tried to
contact Grace,
too, to tell her,

but she already knew.

She died.

AIDS.

Pneumonia. Last month.

Look, Twist is a jerk.

Hey, he even
bragged about infecting
as many girls as he can.

Taking us all with him.

The M.E. confirmed
that May was HIV positive,

and the angle
of the wound makes
the boy's story possible.

We've got
the kid's statement.

Confirmation
from the witness?

Yes. He saw the fight.
I talked to Billy's lawyer.

What do we know
about the boy?

By all reports,
a good kid, good student.

So, we're not talking
a hard case here.

It sounds like it happened
the way he said.

Freaked out,
the gun went off.

I'm inclined
to make the deal.

Okay. We close
the books on Billy.

I wish
they were all this easy.

What about this
other guy, Twist?

What about him?

He's purposely infecting
women to kill them.

He bragged about it.

Said he was going to take
as many girls with him
as he could.

Well, isn't this something
we should hand off
to the Health Department?

LT, he's dangerous.

I don't know.

It's at least
attempted murder.

And what? We get him to
plead down to man two?
It's a stretch.

I vote with Curtis.

It appears we have a good kid
who accidentally killed his
girlfriend,

and maybe a bad one who's
deliberately infecting women.

Well, pick him up.

We'll worry about
how to keep him later.

Start with the clinic
where the girl got tested.

We get a list of
sexual encounters

from everyone who
tests positive for HIV.

We contact these people,
we urge them to get tested.

We get from them
their list of sexual
encounters, and so on.

Well, Lana Madison
told us she got
tested here.

This is the letter
you sent her.

We're hoping you traced
the guy who infected her.

The records
are confidential.

Hey, we got somebody out there
who's infecting these people
on purpose.

All right.
I can tell you in
the past three months,

half a dozen girls
who tested positive
gave overlapping contacts.

One guy?

We found out
he tested positive about
a year and a half ago.

We're gonna
need his name.

The rules
make no exceptions.

Listen, while we're
standing here talking,

he could be out
infecting somebody else.

If half the time,
money and effort

you're spending
trying to find this guy
went into sex education...

We work for
the Police Department,
not the School Department.

And I work for
the Health Department,

which does not disclose
confidential information.

Excuse me.

We can't
get this kid's name
from the Health Department.

So, we can't get
him off the street.

He'll keep spreading
the disease.

This kind of thing
makes judges very nervous.

We're dealing with
a Constitutional
issue here.

The right to privacy.

What about
the right to life?

The city health codes are
pretty specific about
confidentiality.

So, you're saying what?

We back off and let
this guy spread death

as quickly as he can get
those kids to kick up
their heels?

Okay,
I'll file a motion.

Look, we're all
in agreement here.

This is a crime.

I sure hope so.

People v. Rodriguez.
The defendant was compelled
to undergo an AIDS blood test.

The People
are not asking a suspect
to take a test.

They're asking us to release
the test results on
a third party.

The issues of privacy
are the same.

In Rodriguez,
the defendant was
charged with sexual assault.

The victim
moved to determine
her attacker's HIV status

for her own
peace of mind.

Ms. Ross seeks to turn
Rodriguez on its head.

Your Honor,
if we don't get
this man off the street,

he will infect more women,

and we can't
get him off the street
if we don't know who he is.

There's a larger
consideration here, Judge.

The need for secrecy
to encourage those people

who may be infected
to get tested,

and for those people
who are infected to
seek treatment.

If the D.A.
can force disclosure,
people infected with HIV

are going to avoid the city
Health Department like
the plague.

Ms. Ross, if I order
these records unsealed,

won't I send
the AIDS community
a message

that confidentiality
is out the window?

The People's need for
this information is limited.

We're not asking for
all records to be unsealed.

Only one order
about one individual.

Which is how it starts.
If one, why not two,
10, 100?

Rodriguez presented
unprecedented issues
in this state.

In that case,
the suspect had
already been arrested.

In this case, we're breaking
confidentiality to make
an arrest.

We're in uncharted
waters here.

Is there a crime here?

That's what
we're trying to determine.

That's why we need
to talk to him.

Given both the seriousness
of the consequences

and the urgency of the matter,

I'm inclined
to lean a little on the side
of protecting the health,

and perhaps the life of those
who are in danger of infection

over a right that is not
a matter of life and death.

You've
got your records
unsealed, Counselor.

We're looking
for a kid named Twist.

Last known address,
your building.

Didn't give an apartment.

Stark. That's it. Kenny Stark,
in what's-his-name's place.

A real pain in the ass.

Which apartment?

I haven't
seen him since,
what month is this?

He moved out, huh?
Mmm-hmm.

We need to find him, fast.

Well, you know Village Blues,
two blocks up?
You can't miss it.

He used to
work in the kitchen.

Thanks.

Yeah, he washed dishes
whenever he needs the cash.

I haven't seen him
for a while.

Romeo, right?

Different girl every time
he comes in. Young.

You know the type.

Gets the girls by playing
the doomed artist.

And they're so dumb.

They see him shooting smack,
and want to take care of him.

He do
a lot of drugs?

Not really his thing. Just
enough to convince himself

that he's not middle class,

and convince the girls
that he's a tortured soul.

You know where he lives?
Around.

Anybody who's stupid
enough to take him in.

Like that kid he was with
the other night.

She was putting up those
flyers about that lost cat.

What, the Siamese?
Manx.

Got it.

Are you here
about my cat?

Actually we're looking
for Kenny Stark.

Twist.

What for?
Is he in trouble?

Is he staying with you?

What's he done?

Is he here?

He just went out.

Where'd he go?

He's in this band. They've
got this big gig coming up.

I mean,
it's not definite,

but this A&R guy's gonna
come down and check them out,

and they're going to get
this big recording contract.

You should hear them.

Well, maybe we can
go hear them rehearse.

Hey, it's nothing
for you to worry about.

East Third, 413.
Over the laundromat.

You his girl?

Yeah.

Did Kenny tell you
he was sick?

What do you mean?

Listen, don't go anyplace.
We're gonna have to talk
to you, okay?

We're looking for Twist.

Hey, it's okay.
I got this problem
with my eyes.

See, I can't see
anything but Twist.

I can't even see you.
Where is he?

Hey, no, baby,

I don't use rubbers.
It's better bareback.

Police!
What's going on?

Get out of bed.
Let's go.
How the hell?

Stand up.

Kenny Stark,
you're under arrest for
the murder of Grace Leonard,

and the attempted murder
of Lana Madison.

Twist.
You've got the right
to remain silent.

Anything you do say can and
will be used against you
in a court of law.

"Docket number 27341.
People v. Kenneth Stark."

One count Murder
in the Second Degree.

Four counts
Attempted Murder
in the Second Degree.

Mr. Stark,
how do you plead?

Not guilty, Your Honor.

The People request
remand.

Mr. Stark is
not a flight risk.

He's a threat
to the community.
Mr. Stark is HIV positive...

So, we put everyone with
AIDS in internment camps?

Not everyone with AIDS,
Your Honor.

Just those who
deliberately infect others.

From the beginning
of the AIDS crisis,

quarantine has
been consistently
rejected as an option.

"The power
given by statute
to isolate a person

"is dependent
upon his infections
or contagious disease."

Smith v. Emery.

1896. And,
Your Honor, the most recent
applicable law is from 1947.

We're talking
ancient history.

Is Mr. Margini suggesting
the court ignore precedent?

Is Ms. Ross suggesting
the court ignore basic
Constitutional rights?

Mr. Stark has
no Constitutional right
to place others at risk.

All right, Counselors,
settle down.

Defendant is
remanded to custody.

Think you're
a little hasty?

We have a serial killer
on the streets.

I'm not sure prudence
dictates we go slow.

We're not talking
about a serial killer.

All right, a serial
killer can murder what,
two, three, half a dozen?

Stark can infect,
kill dozens, hundreds.

What he did
is clearly a crime.

In a perfect world.

But in this one,
under the system of
laws that we have...

Just before he was
being arrested, the police
heard Stark say to a girl,

"It's better bareback."

What?

He didn't want
to use a condom.

Brother.

And he told one girl
he wanted to infect
as many women as he could.

It's a crime, Adam.

Is it one we want
to prosecute?

A lot of people are
gonna see this as
a signal

for open season
on people with AIDS.

That's a political
consideration, Adam.

Political.
Just possibly Constitutional.

People are dying.
We have the tools to
stop it. Let's use them.

No one gave consent
to get infected.

The Health Department
traces these things.

This is their responsibility.

Sure, to trace them,
not to stop them.

The Health Department
is not the sex police.

Besides, these kids
don't even report it.

And you think
that this case...

Could save
some lives? Sure.

Well, we're not here
to start a crusade.

And I'm not
on a crusade.

We can't
save everyone from
getting shot on the street,

and I know we can't
save everyone
who gets AIDS.

It is our job to
prosecute anyone

who's responsible for
the death of another.

Playing into the
worst kinds of prejudice.

It'll be
on the front page
of every newspaper.

I don't want that.

Get Stark to plead out.
Do what you have to.

Anne Paulsen. Kagan,
Romero, Schoenholtz.

I'll be handling
Mr. Stark's case
from here on in.

Where's Mr. Margini?

He went back to
defending streetwalkers.

Your client's
easily amused?

That's not half as
funny as the charges.

What's your interest
in this case?

Her weekly golf game with
my mother who lives next
door in Ardsley.

And a very
large retainer.

Kenny.

I didn't
notice them at
the arraignment.

They're suddenly concerned?

Yeah, well,
we haven't seen
much of each other lately.

Mr. Stark's been out
of contact with his family

the past couple of years.

His murder spree
took all his time.

Look, do you want to
tell me what happened?

I can assure you, Mr. McCoy,

his parents
will do everything
they can to help their boy.

We're ready
to offer man one.

Three-to-nine, and
he names his contacts.

So you
can manufacture
more fake charges?

So we can alert
your client's victims.

Victims? We all know
the charges are bogus.

His irresponsibility
is sad and immoral,

but it isn't a crime.

I'm moving to dismiss.

Mr. McCoy is seeking to
criminalize sexual activity.

No, I'm seeking to impose
criminal sanctions on
a murderer.

No matter how
irresponsible he may be,
Mr. Stark is not a murderer.

His weapon of choice
may be unusual,

but he's no less deadly
than a common thief
who fires a gun.

You can infer intent
when a thief pulls
a trigger.

Mr. Stark
told one of his victims he
wanted to take them with him.

Your Honor, if you allow
Mr. McCoy to prosecute
people with AIDS...

He knowingly
infected others
with a deadly disease.

No warning,
no protection.

Enough.

It's a sustainable case,
Mr. McCoy,
if you can prove intent.

I'm going to
let you proceed,

but I'm mindful of the
sensitivity of this issue.

I won't let you turn
this into a witch hunt.

If you go forward
with this case,

you are crucifying
an entire community!

We're not
crucifying a community,
we're prosecuting one man.

Who has AIDS!

And who therefore,
in the press,
in the public mind...

Nobody has said he's gay.

You think
that's going to
make a difference?

You know, people hear
AIDS, they think gays.

The tabloids will use
this case to attack anyone
who's HIV positive, which...

Which includes...
Yes.

You've got to think
about the effect that
this is going to have!

Therefore, don't
prosecute a murderer

who happens to be
a Christian fundamentalist
because people might think

he represents all
Christian fundamentalists.

That it?

The courts don't exist in
some sort of ivory tower,
Adam.

All legal decisions
are political.

I don't make decisions
about which cases to
prosecute

based on fear of what
the newspapers will say.

I've always
supported you, Adam.

Every time you've
come up for reelection,
I've busted my hump for you

and I have
never asked for
anything in return.

But if you don't
back off on this one,

I will bury you.

Start digging.

So Judge Al Hoyt
found for the People.

When'd he grow a backbone?

Maybe he has
granddaughters.

He's what they used to
call a confirmed bachelor.

Well, you got your crime.

Do you think Paulsen
will consider a plea?

We tried again.
She turned us down.

Establish intent.

Maybe then her client
will wise up.

Establish intent.

This thing's
political poison for him.

Background noise.
Ignore it.

Let's start with the victims.
Lana Madison?

We have her
sworn statement.
The girl in the loft?

She's onboard.

Stark's girlfriend,
Leslie Crowell?

I'll talk to her.

Those girls you
said he infected?

Twist isn't
that kind of guy.

I mean, I know him.
You don't.

I know what he did.

You know what
they said he did.

What do you know
about them?

One's dead from AIDS.

Another's infected.

I don't have AIDS.

You been checked out?

My blood's okay.

What clinic?

Leslie, this is important.
You have to get a test.
Please.

What do you care?

I'll take you.
Sometimes it's easier
if someone goes with you.

I went to see Twist.
In the Tombs.

My mom kicked me
out of the house
after my dad died.

When I met Twist,
he told me he'd been
waiting for me all his life.

My mom, my dad,
they never even
told me they loved me.

Leslie, how long
have you known him?

Two months.

How do you know
those girls didn't
get it from someone else

or needles and
blame it on Twist?

Because, like that
girl in Central Park
who was screaming at him?

About what?

When she
saw him with his arm
around me, she went crazy,

saying she was
going to get him.

She was going
to make him pay.

Because?

Because she was jealous.

Maybe it was because
he gave her AIDS.

Well, she didn't
say anything about that.

She just said she
was gonna make him pay.
And she did, didn't she?

You know her name?

She has light brown hair,
she's 5'5", 5'6."

How long
have you been sick?

It's just a cold.
It's no big deal.

I don't need
anybody's sympathy.

I've got enough trouble
dealing with my parents.

You sure Kenny Stark
gave you HIV?

You can prove it?
Yes.

Details? Partners?
Dates?

This is gonna
be embarrassing.

What about meeting him
in the park?

Who told you about that?

Is there a reason
to hide it?

No. No. It's just...

Why didn't you
tell the police?

Because it would
sound like I accused him

of giving me AIDS
to get back at him.

And did you?

Twist gave me the disease.

Then he laughed.
Yeah, yeah, I want to
get back at him.

I'm never gonna get
married or have kids.

I mean, what's the point
of staying in school
or going to college?

Even if we don't
put Lana on the stand,
Paulsen will. Thank you.

Then she'll put
Leslie on the stand.

Why did she
threaten Stark?

Why didn't
she tell anyone about
meeting him in the park?

Who else could she
have gotten HIV from?

Reasonable doubt.
I've got reasonable doubt.

Doubt the kid is
telling the truth?

Doubt that a jury
will ever buy it,
even if she is.

We don't put
Lana on the stand,

the jury doesn't
hear Stark's threat.
We lose half our case.

We may lose
the other half.

A motion to suppress
Stark's test results.

We can't prove
he knew he had AIDS,
we can't prove intent.

It's black-letter
law, Your Honor.

The doctor-patient
relationship is sacrosanct.

Your Honor,
Judge Kaplan
has already ruled

that the records can
be unsealed.

I don't care what
Barbara Kaplan ruled.

Go on, Ms. Paulsen.

Not only is
that confidentiality
supported by CPL 3504,

the city's
own Health Department
rules specifically state

the identity
of AIDS patients
must remain anonymous.

Your Honor, this report
is the only record
we could possibly have

of one of the elements
of the crime, namely,
intent.

The court must
put aside the fact

that it takes the form
of a medical report.

Well, how does this differ
from any other medical
communication, Mr. McCoy?

People v. Thomas,
People v. Fonseca,

People v. Gearhardt,
in all those cases,

the courts ruled
that the State's right to
learn if a defendant had AIDS

outweighed his
right to privacy.

Which is a basic
Constitutional right.

In those cases,
the crime was never in doubt.

In this case, you're
trashing the principles
this country was founded on.

Judge, you open this door,
where does it end?

Even the Gay
Men's Health Crisis group
has reversed its position,

and come out in favor
of doctors reporting
HIV positives

to the State
Health Department.

I don't care
what that group does.

The Constitutional issue
is not to be lightly
swept aside.

The rules of confidentiality
should not have been breached.

Therefore, the report on
Mr. Stark's condition
is suppressed.

Your Honor,
I am moving to dismiss.

Without evidence of intent,
the charges can't be
sustained.

We still have
Lana Madison's statement
about Mr. Stark's threat.

That's hearsay from a witness
who could have contracted AIDS

from any number
of sexual partners.

We have her
entire sexual history.

Unless she's
forgotten someone,

or is protecting someone,
or lied.

Quite right, Ms. Paulsen.
I'm granting your motion
to dismiss,

but I'm staying the order

until what I assume
will be Mr. McCoy's

speedy appeal to
the appellate court.

Now, you've got 48 hours
to put something together,
Mr. McCoy.

McCoy, you're a nice guy,
so I've been nice.

Drop this case,
or I'm going to
roast you in the papers.

How's Adam Schiff
going to take to that?

So, it went that well, huh?

Yep.

Forty-eight hours
to prove Stark knew
he had AIDS a year ago.

To prove
intent all over again.
Make the case from scratch.

Forget it.

Let the 48 hours expire.
Blame it on the judge.

Is it the idea of
trying to protect people

from the consequences
of casual sex that
offends you?

Oh, I see.
I'm an old fuddy-duddy.

No, Adam, I just...
And I think it's politics,

and I'm afraid the case
will sink the election?

If we had a chance,
I'd tell you to
go ahead,

whatever happens.

But we're past that now.

Cut your losses.

I want to talk to
his parents first.
Then we'll see.

Then we'll see.

We went to visit
Kenneth in jail.

He still won't talk to us.

My son
hasn't really been part of
the family since he was 16.

Before jail,
when was the last time
you spoke to him?

Last spring.
When did he come up here?

Um...

April.
The dogwood was out.

Didn't even call first.

Last spring.
That's around the time
he found out he had AIDS.

Did he say
anything to you
about his health?

He came to you because
he was sick, didn't he?

Mr. and Mrs. Stark,
you do understand

that this isn't just
about your son's welfare.

But it is my son
you're asking about.

Your son consciously
infected other people.

Just how many,
we don't know.

We're aware of what
you're accusing him of.

He has to be stopped.

He should be off the streets.

Don't you think
we've been trying
for the last few years?

If he came to you,
if he told you
about his condition...

You could use that
to put him in jail.

We've offered
to make a deal.

Isn't this something
you should be talking
to my lawyer,

my son's lawyer about?

We're willing
to reduce the charges
from murder to manslaughter.

Instead of going to
jail for 25 years-to-life,
he goes for three-to-nine.

Our son may be dead
in three years.

Even if Kenny did come
to us when he was sick,

do you think we would
help you put him in jail?

My son has had problems,
I know that,
and he's going to die.

So will a lot
of other children,
if you don't help us.

You don't know that.

And you will be
just as responsible
for their deaths as he is.

I'm going to live
after my son is gone.

I can't live knowing
he died hating me.

He'll die with us,
at home.

Not in jail.

I checked
with the Starks'
insurance company.

Mid-April, around the time
he showed up at his
parents' house,

Mrs. Stark called the company
to see if their son was still
covered under their plan.

There was
a note in the file.

So, the kid comes home,
tells his parents
he's sick.

The HMO told Mrs. Stark
that she could put her son
on the policy

by paying a premium
after he's had a physical.

Which Kenny can't take
because it'll show
he's HIV positive.

The parents knew a year ago.

But won't cooperate
with us.

Because they still
want to protect him.

Not enough to dig into
their own pockets,
get him treatment.

I checked their bank accounts,
stock transactions.

There were
substantial withdrawals,
cash, at regular intervals.

His parents
were slipping him
money to get help.

We don't know that.

But Stark and his lawyer
don't know we don't.

We can fold or bluff.

We talked to
your parents.

We know they
contacted their HMO

to try to get you
on their plan.

Privileged.
No jury will
ever hear that.

They made
regular cash withdrawals.

And you can't prove
they've been giving it
to my client.

We know
you used the money
to get medical help.

Funny thing
about cash, McCoy.
It all looks the same.

You want me to
charge his parents
with obstruction?

What are you
going to charge me with?

Accessory after the fact?

You're dreaming, McCoy.

None of this will fly
with the appellate court.

I'll file again next year
and the year after.

We'll wheel him in
on a gurney.

See what the jury
thinks about that.

Conference is over.

We've got till
the end of the day
to file the appeal.

Maybe I'll have lunch first.
It's Friday.

We might get more time
by being late.

Mr. McCoy. Ms. Ross.

My clerk told me why
you're here. Forget it.

Your Honor, if this
Stark kid gets out,

it's like releasing
Theodore Kaczynski

and giving him
a bomb and a stamp.

I can understand
your concern.

But an expedited appeal
with a full panel?

It's 4:00, Friday.

This is urgent.

You know
the chances of finding
four of my brethren

to take the bench
at this hour?

Judge Hoyt's stay
expires today.

Stark will be out
by tomorrow morning.

You want me to extend
the stay until Monday?

Unless you can
find a full panel now
to hear my appeal.

Enjoy your weekend.
I think you're going
to have a rough Monday.

Two more days.
What's the next move?

Prove Stark
knew he had AIDS.
Stark's girlfriend.

Maybe he told her something
about what he had.

He'd never do anything
to hurt anybody.
I know that.

But I don't know.

From where I sit,
he doesn't seem to
care about anyone.

Not even you.

That's not true.

I mean, he told me
I had to be protected.

What did he tell you?

He said it wasn't about
not getting pregnant,
it was about...

That he was sick.

Did he tell you
he was HIV positive?

He said he was sick,
and he didn't
want me to get sick.

I mean, he knew
we had to use a condom,
but I didn't want him to.

If he was sick,
whatever it was,

well, it's like
we were married.

''Till death do us part."

He knew he had AIDS.
We can argue intent
from that.

Not on our Murder Two.

On the woman he
was about to infect
when he was arrested.

Attempted murder.

Based on what
the cops overheard?

Mmm-hmm.

New evidence, new charge.
We're gonna give these
judges a headache.

There's a cure
for headaches.

Poor Leslie.

She thought she was
helping him by telling us
how considerate Stark was.

The only decent thing
he ever did is going
to sink him.

I understand
the People have dismissed

the top count
of the indictment,

Murder in the
Second Degree?

Yes, we're proceeding
with the charge

of Attempted Murder
in the Second Degree.

All right.

This is a complicated case,
and I'll review
the circumstances.

We're well briefed
on the facts.

Isn't this really a question
of whether or not

you can
establish the defendant's
intent as a matter of law?

Yes, Your Honor.
And the People believe we can.

How?

Mr. Stark told his
current girlfriend that
he was sick,

and needed
to use a condom
for her protection.

And from that
you infer intent?

After he made
that statement, he was
arrested in the process

of initiating
the sexual act
with another party.

And you know
what he was thinking?

The police overheard him say
to this partner that he did
not use condoms.

What were his exact words?

"Hey, no, baby,
I don't use rubbers.
It's better bareback."

Your Honor,
intention can be
inferred from the act.

People v. Stokes.

And this inference is
to be drawn by the jury.

If the defendant
gets back on the street,

in the course of his lifetime,
a lifetime which may be
tragically short

or indefinitely long,
how many other women
might he infect?

Two dozen? 50? 100?

Yes, this is
a difficult case.

And, yes, it challenges
the court to balance
two goods.

The right to privacy,

and the right of people
in the most intimate act

to trust that
they will be safe.
The right to life.

I am not going
to pass judgment

on whether or not the women
who had intimate relations
with Mr. Stark

should have avoided them.
I'm not going to blame
the victim.

But having decided,
for whatever reason,

to enter a liaison
with Mr. Stark,

those women deserve
the protection that
they would have

if Mr. Stark brought to bed
with him a knife or a razor
or a gun.

Mr. Stark brought to bed
with him something
equally dangerous.

If the law can't
protect those women,
then we've all failed,

and that's a failure that
I'm not willing to concede.

All I want
is the chance to
get before a jury.

As Mr. McCoy said,
this case is a difficult one.

Difficult, first of all,

because it will affect
people's attitudes
and behavior.

Some consequences
we can predict.

Others we can't.

People may use
what we say here

to support the
rankest kind of bias.

They may use
what we say to excuse

the most licentious
kind of conduct.

It is difficult,
second of all,

because
the issues before us
couldn't be more serious,

touching on the very
Constitutional principles

that framed our country.

However, this difficulty
does not absolve us
from passing judgment.

In fact,
because it is difficult,

we must pass judgment
with prudence

so that we neither follow
nor lead society.

And though the case
is a complex one,
our job is simple.

To apply the law,
fairly and reasonably.

Weighing the rights
of the individual
versus the common good,

we were obliged
to rule in a way

that protects
the benefit of the many
over the interest of the few.

The People
have met their burden.
The order below is set aside.

Congratulations.
You got your reversal.

I'll feel better when your
client's out of circulation
for the rest of his life.

I don't know how long
that's going to be.

Mr. Stark was admitted
to the hospital last night
with a temperature of 103.

Pneumocystis
carinii pneumonia.

What's your offer?

Same as before.
Three-to-nine.

We'll support any effort
to get him into Bedford.

They have good
medical facilities there.

All right.
You got a deal.

I talked to Stark's parents.
Kenny's in bad shape.

He's got a week,
maybe two.

Lana Madison?

So far, so good.
Leslie tested negative.

You're really
keeping track.

Yeah.

On this one, yeah.