All language subtitles for Law.and.Order.S09E16.Harm.1080p.AMZN.WEB-DL.DDP2.0.H.264-playWEB_track3_[eng]

In the
criminal justice system,

the people are represented
by two separate
yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

Dad, we're here.

Alex, go tell Grandpa
that it's time
to go to the movies.

Stewart, it's me.
I'm going to drop
Alex off at about 6:00.

We're seeing
a movie with Dad.

That's because
you don't listen.

Grandpa's taking
a nap, Mommy.

Well, wake him
up, sweetheart.

I tried.
He won't wake up.

Stewart, don't hang up.

Dad?

Oh, my God!

Victim's Kenneth Slattery,
age 67.

His daughter found him.

He was unconscious
when the EMTs took him out.

Said it was
touch and go.

You check the upper floors?
All clear.

Daughter said there
was a maid comes in
three times a week.

Let me guess.
Today's her day off.

That's the trouble
with maids, never around
when you need them.

Looks like he took
a couple of blunt force
blows to the head.

Yeah?

What's the blunt
instrument of the day?

Beer stein, from
his alma mater.

Hmm, Harvard.
Class of '55...

My alma mater gave out
commemorative beer cans.

Juris Doctor degree.
Guy was some kind of lawyer.

Doesn't mean he deserved
to get beat, Rey.

This is where
he got hit, huh?

You got a time?
Blood's just starting
to coagulate.

The daughter found
him at 3:00 p.m.

I'd say it was
about one-to-two
hours before that.

Any forced entry?

No. Whoever did
it was let in
or had a key.

Slattery's day planner,
today's page is empty.

Custody recommendations.

This guy wasn't
just a lawyer, Rey.

He's a divorce lawyer.

Doesn't mean he deserves
to get beat, Lennie.

I don't understand who
could have done this. My dad
doesn't have any enemies.

What about personal
problems?
No.

Something related
to his practice?

A dispute with
a client maybe?

My father retired five years
ago from Peckinpah and Greene.

He doesn't have any clients.

We found custody
recommendations on his desk.

Yeah, he was doing
some pro bono

mediation in child
custody cases.

So, people were coming in
and out of the apartment?

A couple days a week.

The only print latent found
on the beer stein belongs
to the victim.

He's from Harvard,
so I guess it's not the pinky.

Any suspects jumping out?

Just a lot of parents I'd like
to slap some sense into.

People trying to split up
their kids along
with their pennies.

Any wife
beaters in there?

A few. Why?

After beating a woman,
an old man isn't too far
out of your strike zone.

What about this one here?
Javier and Linda Hernandez.

He's got a history
of spousal abuse.

Their hearing keeps
getting postponed.

Slattery's the third
mediator they've had.
The other two gave up.

Smart move.

Well, your first two mediators
say you have a habit
of threatening people.

You ever threaten Slattery?

Slattery keeps telling me,
"You got to compromise this,

"you got to compromise that.
You got to compromise
with your wife."

You don't like to compromise?

How can I compromise if she
won't do what I say, huh?

This whole thing would've
been settled if it
wasn't for Slattery.

He missed a meeting with
Linda and me and the judge
two weeks ago.

Why don't you just
tell us where you were
Thursday afternoon?

I dropped a block
of ice on my foot Wednesday,
so I stayed home Thursday.

By yourself?

Yeah. You can
check with Linda.

She was calling me every two
minutes, harassing me.

That balloon head tell
you he hasn't given me

any money for the kids
in over a month?

We're here about
Kenneth Slattery.

He got beaten into a coma.

That's too bad.

Doesn't sound
like he was too popular
with you or your husband.

He was jerking us around.
He blew off our last
custody conference.

Some bull about a big case
he had in New Jersey.

You think your husband
got mad enough to do
anything about it?

Javier? He'd have to
borrow a set to do
something like that.

What about you?
Where were you Thursday?

I work day care on Thursdays.

You talk to your
husband Thursday?

Every chance I got.
He stayed home because
he stubbed his big toe.

I told you, he's a wimp.

Anything else?

If there is,
we'll be in touch.

Boy, those two must've
been the highlight of
Slattery's week.

I don't remember him having
any cases in New Jersey.

It's not like my father.

He wouldn't cancel
at the last minute unless
it was an emergency.

What emergency did he
have in New Jersey?

I don't know.

He have family out there?

No. Alex and I are
his only family.

Sorry to put you
through all this.

Lennie, monthly statements
from a document storage
company in Fort Lee.

Mr. Slattery had two
storage units where
he kept legal files.

Last time he was here
was two weeks ago.

For what? To poke
around his locker?

The clients don't have
access to the units.

They have to call ahead,
and we pull the records.

So, he requested
a specific box?

A Miss DeVoe called
for him. She's with
Peckinpah and Greene.

Slattery's old firm.
Can you tell us
what was in the box?

Is Kenneth Slattery
going to be all right?

He's still in a coma,
Ms. Weiss.

McFarland. Why do
you need to talk to me?

Mr. Slattery was my
divorce attorney
15 years ago.

Well, he pulled your file
from storage a week before
he was attacked.

Well, I'm in a proceeding
with my ex-husband.

My current lawyer
asked for some documents
from Mr. Slattery.

A proceeding 15
years after your divorce?

A financial thing.
It's pretty straightforward.

Kelly, it's the Chicago rep.
There's a problem.

I have to take this.

Straightforward
divorce matter?
That's a new one on me.

It's over the buy-out I'm
getting from our medical
corporation's pension plan.

I'm taking early retirement
at the end of the month.

Getting out while
you're still young?

My partners and I delivered
800 babies last year.

And, uh, these hot
shots'd like to double
it if they could.

I need a break.

Your ex wants a piece
of your pie 15 years
after the divorce?

I really don't want
to get into it.

If it was me, I'd be
jumping out of my skin.

The fact Slattery's
about to croak,

is that what's keeping
your blood pressure down?

If he does, I'm not planning
a long mourning period.

Fifteen years ago,
I was on the hook for
Kelly's legal bills.

Slattery turned up so many
fees, I could've claimed
him as a dependent.

Dr. Weiss says his wife waived
all claims on his pension

during a settlement
conference 15 years ago.

Ms. McFarland
says she didn't.

Wouldn't it be
in the divorce decree?

It isn't. That's why
Mr. Slattery was being
deposed by her current lawyer.

So, depending on
what Slattery says,

Mr. Weiss might have to
fork over how much to his ex?

I believe she'd be
entitled to half of
around $3,000,000.

Hard to testify when
you're in a coma.

Oh, Mr. Slattery had
already been deposed.
Last Tuesday.

Two days before
he got a beer stein
upside the head.

Uh, can we get
a transcript of
that deposition?

Court records.
Weiss v. Weiss.

Where you want them?

If people got along better,
the old-growth forests
might stand a chance.

And this was a marriage
with no kids.

All these two fought
about was money.

Well, you know what
the experts say.

If you want to get rich,
stay married.

Here we go.

Question, "At that time,
do you recall what if
anything was agreed

"to concerning
Dr. Weiss's pension?"

Answer from Slattery,
"As best I can recall,

"in return for a raise
in her alimony,

"my client, Ms. McFarland,
waived all future claims
on his pension."

Adiós, one-and-a-half
million bucks.

I bet his client,
Ms. McFarland, was
thrilled to hear that.

Yeah, really
thrilled. Get this.

"You son of a bitch,
you're lying, that bastard
got to you, didn't he?

"Just like he did
all the others."

And various
expletives deleted.

If I thought my lawyer
had been bought off,

I might pick up
a blunt instrument, too.

Can't you wait till
Kelly's here?

I really feel sleazy
talking to you
behind her back.

Oh, think how
good you'll feel
doing your civic duty.

I vote. It doesn't make
me feel any better.

Look, we just need to know
if she was in the office
on Thursday afternoon.

If I lose my
job over this...

We'll give you
a good reference.

Thursday she
had an early lunch.

By herself?

I don't know. Then she
had a 3:00 at Bloomie's.

No, wait, I remember.
She canceled that meeting.

Why is that?

Well, she came back
from lunch at around 2:30.

Then she went
into the bathroom
for 20 minutes,

and when she came out,
she told me to call
and reschedule the meeting.

You won't let her
answer one question?

You're an attorney.
Her rights are
being protected.

I'm a divorce attorney.

Until her criminal
attorney arrives,
she's not talking.

Even a divorce
attorney can see
it looks bad for her.

Because my client
raised her voice
to Mr. Slattery? Come on.

She accused Slattery
of being bought off.

She didn't agree with
his recollection of what
was said 15 years ago.

That's hardly
reason to kill him.

His recollection was
going to cost her
1,500,000 bucks.

Believe me,
that's a reason.

It's just an old
man misspoke
at a deposition.

It's not the end
of the world.

There were traces
of Slattery's blood

in the bathroom
of your showroom.

Well, now it is the end
of the world, Mr. Shea.

If Mr. Slattery survives,
a statement from your client

could make the difference
between assault
and attempted murder.

I wasn't trying
to kill him.

Kelly, I think
you should wait.

No, no. I want
to tell my side.

I don't know how he
did it, but my ex-husband
bought Slattery off.

Ms. McFarland,
I'm not interested in...

We had a summer
house in Dutchess County.

To keep it out of my
hands, he used an old
power of attorney

and he sold it to his
brother for a tenth
of what it was worth.

That's what Jacob does.

Right. Every
ex-husband's
the bad guy.

I played the game, too.
I'm not saying I didn't.

But Ken Slattery lied.

He knew. I didn't
waive away my rights.

I went to see him,

to beg him to just
tell the truth,
and he refused.

So you hit him?

He tried to push
me out the door,

and I was in such
a rage, I picked up
this mug and I...

I swung it at him.

It sounds like there's
a lot of mitigation here,
Ms. Carmichael.

$1,500,000's worth.

No, no. I don't care
about the money.
It's Jacob.

You don't understand
what it's like to...

To fight somebody who
always gets his way.

All right, we'll look into it.

I'll make arrangements
to have her statement taken.

The hospital just called.

Slattery's out of his coma,
but the doctors won't
let him talk to anyone.

We booking her for
attempted murder?

We can amend it once
all the facts are in.

What facts?

The lady's facing
12-and-a-half-to-25.
She'll say anything.

I checked into that
summer home business.

She was on the money.

A court nullified
the sale.

It's not the same
thing as paying
off a lawyer.

If Weiss was playing
fast and dirty
15 years ago,

he'd do it again
for 1,500,000 bucks.

If Lennie is siding with
the ex-wife, there has
to be something to it.

So, what? Now we're going
to investigate perjury?

If Slattery lied on
Dr. Weiss's behalf,

it could mitigate
the assault.

You know where
to reach me.

Since he retired,
I get a few calls
a week for Mr. Slattery.

I take the numbers and
pass on the messages.

Can I take a look
at your phone log?

You get any calls
from Dr. Weiss?
Thanks.

No, of course not.
Why would he call?

Well, Ms. McFarland
thinks he might

have talked to Slattery
about the deposition.

What do you mean?

Influenced what
Slattery said.

Mr. Slattery wouldn't
lie under oath.

Lennie,
what phone number
do we have for Weiss?

Now, you took
a message three weeks
ago from Dr. Rudnick?

Yes. He called
for Mr. Slattery.

Well, the phone
number he left
is the same as Weiss's.

So now Weiss
is using a phony name?

There's nothing phony
about Dr. Rudnick.

He happens to be the doctor
who delivered

Mr. Slattery's grandson,
Alex, five years ago.

Well, there were,
uh, complications
with the delivery.

See, his, uh, his
daughter's diabetic,

and his grandson
was a breech baby.

We almost lost
both of them.

So why'd you
call Slattery?

You like the brand of
cigars he handed out?

After I, uh,
delivered his grandson,

he was, uh,
very grateful.

He gave me a free
pass for legal advice.

That's why I called him.

You sure it wasn't because
your partner, Dr. Weiss,
needed a favor?

A favor?

Yeah, a "Help me pull a fast
one on my ex-wife" favor.

No, I told you why
I called Slattery, I have
nothing else to add.

Dr. Rudnick...

Yeah, it was nice
talking with you.
I'll be in Room Six.

Okay.

I wouldn't put Rudnick
or Weiss above cooking
up a little perjury.

I checked them out
with the Health Department.

Rudnick's on
a three-year probation
at St. Mark's Hospital.

Weiss got his wrists
slapped for some billing
irregularities.

And their third
partner, Dr. Michaels,

has had his privileges
there suspended twice
in the last five years.

This is some
medical practice.

So, Weiss's bank
records don't show
any payouts to Slattery.

But he's using
the money from
his pension plan

as collateral for
a loan in Greenwich.

A retirement home?

No. He's buying into
another medical practice.

He's going to be
the new star player

at the Mendelson
Women's Clinic.

So much for retirement.

The only thing
I hate worse than
going to the doctor,

is going to a doctor
who lies to me.

So maybe Weiss
is running from trouble
with his practice here.

Well, we need
to know what that
trouble could be.

Start with the hospital.

There was a misdiagnosis
of a tipped uterus.

Failure to do some
standard tests on
pregnant women.

That sort of thing.

Doesn't sound so bad.

Any problems they aren't
on probation for?

No. They're very popular
with their patients. We've
had very few complaints.

Well, what do
patients know, right?

They do high-risk
deliveries?

They've had
no problems there.

And they perform surgery?
Female surgery?

Yes.

And?

Dr. Rudnick and Dr. Michaels
had a death in the O.R.
three months ago.

The patient died
of cardiac arrest.

Our preliminary report
exonerated them
of any wrongdoing.

No kidding?

What was the patient's name?

Maureen Gerard.

Cardiac arrest?
My wife was 35-years-old.

She ran four miles a day.

Why was she
being operated on?
Uterine bleeding.

She had polyps.

Rudnick told me it was
a routine procedure.

Six hours later,
she was dead.

Michaels could barely look
at me when he told me.

Rudnick, the great doctor,
couldn't even face me.

Mr. Gerard, the hospital
says they didn't
do anything wrong.

Then why won't
they give me
the records?

No one's even
bothered to call me.

I've hired a lawyer
and I've filed a lawsuit.

When did you file?

Two months ago. Those
bastards were served
on November 12th.

Those bastards
include Dr. Weiss?

My lawyer said
I had to sue all three
partners in the practice.

I'm going to run
them out of business.

Mr. Gerard.

Excuse me a minute.

He files suit November 12th.

A week later,
Weiss notifies his
pension plan trustees

he's pulling his dough
out of the practice.

What a coincidence.

The guy panics over a lawsuit?
Isn't that what malpractice
insurance is for?

Unless whatever
Rudnick and Michaels

did to Mrs. Gerard
wasn't covered.

Criminal act?

That lawsuit has
nothing to do with
my decision to retire.

Retire? You're taking
a 20% pay cut to join
a clinic in Greenwich.

You know Dr. Rudnick
screwed up in that
operating room.

That's how you got
him to help you by
calling Mr. Slattery.

I didn't ask
Bill Rudnick
for any favors.

I can't believe you put
any stock in the rantings
of my ex-wife.

Dr. Weiss, we're not
interested in prosecuting
a perjury charge.

We're interested
in what happened
to Maureen Gerard.

He wasn't in
the operating room.

And he doesn't know anything.

Then why is he running
as fast as he can from
Rudnick and Michaels?

I don't know what
she's talking about.

Can we leave?
Mr. McCoy, Ms. Carmichael.

Doctors. I can't
believe my mother
wanted me to marry one.

I'm pleading Kelly McFarland
out on assault two,
one-to-two years.

Have you talked
to Slattery?

No. He refuses
to talk to us.

I see a few wisps
of smoke here, Abbie,
but where's the fire?

You have
a high tolerance
for coincidences.

Maybe they all thought
lying under oath was
the trendy thing to do.

What's it got
to do with Maureen
Gerard's death?

If the malpractice lawyer
digs up any malfeasance,
we'll revisit it.

Oh, yeah, sure. Let's let
an ambulance chaser
prosecute a homicide for us.

I'm going to subpoena
Mrs. Gerard's
hospital records.

The records show
Maureen Gerard died
of a cardiac arrest

brought on by
a fluid imbalance.

What kind of fluid?

Electrolyte solution.

In a laparoscopic
myomectomy, the surgeons
fill the uterine cavity

with the solution
to facilitate surgery.

Then they remove
the polyps with a laser.

It's a routine procedure.
Usually foolproof.

Huh, usually.

Well, apparently
the fluid wasn't draining
from Mrs. Gerard.

She became bloated.

Two hours later,
she had a cardiac arrest.

Is that malpractice?

I didn't find
any negligence.

Well, how much fluid
did they pump into her?

Hmm...

Chart says 4,000 ccs of
a 20% electrolytic solution.

And the machine tells
them how much it's
pumping into the patient?

Yeah. There's
a digital readout.

There's a fiber optic camera
attached to the laser

so that they can see
what's going on
on the monitor.

The solution goes
in this tank

and comes out this nozzle.

And the pump would be
monitored by a nurse?

At all times throughout
the surgery.

Is it possible
it delivered more
fluid than it indicated?

We check every
piece of equipment
before surgery.

Can I see
the service record?

Rudnick and Michaels do
a lot of surgery here?

Myomectomies,
hysterectomies,
ligations.

They're very busy.

They bring in
a lot of business.

They have a very
good reputation.
Here you go.

It's a five-year-old machine.

We have an X-ray
machine that's older
than you are.

If it works, it works.

It says here it was signed
out for use in Operating
Room Three that day.

Mrs. Gerard was in
Operating Room One.

Oh, here. It was
used on Mrs. Gerard
at 7:00 a.m.

Starting at 8:20
it was used
in O.R. Three.

But Mrs. Gerard
was in surgery
until 9:15.

Wouldn't they have
been using that
machine the whole time?

My doctor ran into some
complications during the
removal of some ovarian cysts,

so he decided to try
the laparoscopic
laser system.

Which was in O.R. One
with Rudnick and Michaels.

I went in there
to see if they
were done with it.

I saw it sitting
in the corner,
so I just rolled it out.

Were they still
operating on Mrs. Gerard?

Yes. They had
another laparoscopic
system in there.

I was told the hospital
only had the one.

Who was working
the electrolytic
fluid pump?

A nurse I'd
never seen before.

She wore glasses,
and Dr. Michaels
called her Glynnis.

I don't know any
nurse by that name.
Ms. Tashe made a mistake.

So, she just imagined
seeing a second
laparoscopic laser?

Yes. There
was only one.

And after Ms. Tashe
took it, what did you
use on Mrs. Gerard?

Nothing.
Laparoscopy was over.

But the record shows
Ms. Tashe took the machine
almost an hour...

So she got
the time wrong.

Ms. Carmichael, actual doctors
reviewed our work and found we
did everything by the book.

I am very sorry
about Mrs. Gerard,

but we did
everything we could.

Now, please.

One more question,
Dr. Michaels.

Who administered the fluid?

A supervising nurse.
Claudia Panati.

You know, lawyers are why
doctors are getting out of
obstetrics and gynecology.

It's just not
worth it anymore.

Dr. Rudnick and Dr. Michaels
have hired lawyers
because of the lawsuit.

We're not supposed
to talk to anybody.

Is this your handwriting?

4,000 ccs of 20%
electrolytic solution?

Yes.

Do you remember
a nurse by the name
of Valerie Tashe?

I told you, I can't
talk about it without
the lawyers. I'm sorry.

Dr. Michaels is a good,
dedicated doctor.

Dr. Rudnick, too.

They did everything they
could to save that woman.

It was a terrible thing.

I checked St. Mark's
employment records.

The only person named
Glynnis is a 60-year-old
food service employee.

Your nurse, Miss Tashe,
ought to get her
ears examined.

Along with her eyes
and her watch?

She couldn't have
gotten it all wrong.

There had to have
been a second machine.

A defective machine?

That pumped too much
fluid into Mrs. Gerard.

Yeah, a missing
defective machine operated
by a missing nurse.

I know what
it sounds like.

Have you considered
getting a search warrant
for this gizmo?

It's a big hospital.

The mayor's wife sits
on the steering committee.

Where's Jack McCoy?
Out on a date with
that history professor?

He's in his office.
He didn't think
there was a case here.

Might be right.

Get your warrant,
and I'll deal with
the mayor's better half.

I went over the purchase
orders for the last 10 years.

If St. Mark's had another
electrolyte pump they must've
built it from scratch.

Yeah, it didn't turn up
in the search either.

I did a little
exploratory surgery on
our original suspect here.

No trace of recent
repair work.

You have the charts
from the O.R.?
Mmm-hmm.

Hmm. 4,000 ccs of 20%
electrolytic solution.

That can't be right.
This pump can only
handle a 10% solution.

Is it a typo?

Well, B and C
Medtech came out with
a new laser system

eight months ago.
It's faster,
more accurate,

and it works on a 20%
electrolytic solution.

We did a demonstration
for St. Mark's last year.

But they had a problem
with the nozzle flange.

There was a gasket issue.
Minor bugs we've corrected.

Have you approached
the hospital again?

Yes, but they haven't given
it their approval yet.

How does your sales
pitch work? Do you
bring the doctors here?

We go where
the money is.

Our sales rep
brings the machine
to the hospital,

we show the doctors
a videotape,

then some committee
takes over.

Has your sales rep
talked to Dr. Bill Rudnick
or Peter Michaels?

Let me find out.

It's Dorsey. Is Glynnis
in this afternoon?

Glynnis?

Glynnis Ward. St. Mark's
is in her territory.

I've made presentations
to a lot of doctors
at St. Mark's.

Probably a dozen.

Including Rudnick
and Michaels?

Yes. Dr. Rudnick is on
the purchasing committee
at the hospital.

Is there a problem
I should know about?

Have you ever been in
the operating room with
them during surgery?

Just to observe,
That's pretty common.

Were you ever in there
operating the Medtech
electrolyte pump?

No, of course not.

Ms. Carmichael,
what's going on here?

How about last November,
during surgery
on Maureen Gerard?

Why are you asking
these questions?

Your sales rep was seen using
your machine, administering
fluid to Mrs. Gerard.

Mrs. Gerard died
as a result.

That's not true.
Glynnis, wait.

Are we going
to need a lawyer here?

Ms. Ward, do you have
a license to practice
medicine?

No.

You better get that lawyer,
Mr. Dorsey. I'm charging
her with homicide.

Pack up your
speculum, Doc.
You're going to jail.

What?
You're under arrest for
the murder of Maureen Gerard.

You have the right
to remain silent.
Anything you do, say,

can and will be used
against you...

...an attorney, one will
be appointed to you.

Lisa, call the lawyer.

Call my wife.

Depraved
indifference murder two?

They must have stacked
the grand jury with
malpractice lawyers.

Even looking at the facts
in the light most favorable
to the People,

they don't rise to a charge
of murder two.

Ms. Brolin is free
to argue that
point to a jury.

But nothing our
clients allegedly did

shows a depraved
indifference to human life.

These doctors allowed
a sales representative,

with no medical training
to use an unsanctioned

and potentially lethal
surgical instrument
on a patient.

Even if our clients
did what Ms. Carmichael says,

at worst, they'd be
guilty of bad judgment.

Depraved indifference
requires them to be aware of

and to consciously
disregard a substantial
risk of death to Mrs. Gerard.

The jury could
certainly infer
that's what they did.

They could infer
I'm the King of Siam.

I don't see,
as a matter of law

how letting a salesperson
operate this machine

creates a substantial risk.

Well, it must have,
Your Honor, since Mrs. Gerard
is dead as a result.

Assuming there was
a risk, why would
the doctors ignore it?

Weren't they there
to help Mrs. Gerard?

Now, I'm dismissing
the murder two charge.

Your Honor, Ms. Brolin
conceded their clients
exhibited bad judgment.

I didn't concede anything.

That's the definition of
criminally negligent homicide.

She misquoted me,
Your Honor.

She paraphrased you.

I'm giving the People
leave to amend the indictment

to include a top
count of criminally
negligent homicide.

Criminally negligent homicide.

I feel like I'm
going to the prom
with the stamp club geek.

Two-to-four in
maximum security.

No picnic for a couple
of Park Avenue doctors.

If we make it stick.
Problem?

The nurse who saw the sales
rep in the operating room

couldn't pick her out
of the photo array.

It may be time for us
to make the best deal we
can with all of them.

Two years probation, a fine.
Oh, a fine. Ouch.

Those poor doctors
might have to hock
one of their Porsches.

Abbie, there isn't
much of a case left.

But there's still a victim.

Jack, she went
in a healthy woman.

She came out a corpse.

Between us, depraved
indifference was a reach.

Criminally negligent
homicide is a gift.

I wouldn't squander it.

You make excuses.
I'll make the case.

Death by a salesman.
Just put it in
the "Win" column.

How can Valerie Tashe say she
saw anything? The lights were
dimmed for the video monitor.

She heard Dr. Michaels
call Ms. Ward by
her first name.

Ms. Panati, I brought
some photographs
for you to look at.

They're of Mrs. Gerard
before her surgery.

This is with her husband.

With her two nieces
last Fourth of July.

With her parents
at her wedding.

I don't get it, Ms. Panati.

You don't care about yourself.

You don't care
about your patients.

You've been with Dr. Michaels

since before he joined
Rudnick and Weiss
six years ago.

Isn't that right?

You first worked
with him at a free
clinic in Harlem.

After that, he had
a clinic in the Bronx.

There's not much
money in that.

It was good work.

Then he joined
Rudnick's operation.

Guess he decided
to bank some money.

He is still
a good doctor.

How good can he be
seeing 70 patients a day

and delivering 16
babies a week?

That was Dr. Rudnick's idea.

He always talked
about maximizing
the practice.

And lying about
Mrs. Gerard's surgery?

Was that also
Dr. Rudnick's idea?

Nurse Panati just
gave her statement.

And?

Can you read
my shorthand?

Hair-raising stuff.

Might force a plea bargain.

Only if they take
the maximum.

You've got your heart
set on a trial?

I can count on the fingers
of one hand

the number of doctors
who have ever been convicted

of criminally
negligent homicide.

Absent the doctor being drunk
or stoned, it's practically
impossible to prove.

Well, I'll let you
know how it turns out.

I was in a meeting when
I got a call from Maureen.

Dr. Rudnick had found
polyps in her uterus.

She was so scared
they might be cancerous.

She was worried
about having children.

I was worried
about losing her.

Then we found out
it wasn't cancer.

We were so relieved.

Did you discuss surgical
options with Dr. Rudnick?

Yes. The laparoscopy
was the least drastic.

But Dr. Rudnick said
the polyps could recur.

He suggested a partial
hysterectomy.

Removing the uterus.

He pushed that
option pretty hard.

Did he
mention costs?

We asked him.
The hysterectomy
was more expensive.

Dr. Rudnick said he'd
throw in a tummy tuck.

But we still wanted
to have children,

so we opted for just
the laparoscopy.

And how did
Dr. Rudnick react?

He seemed to lose interest.

It was harder to get
him on the phone.

The morning of the operation,
he barely spent five minutes
talking to Maureen.

Did he tell you he was
going to be using a
new piece of equipment?

No.

Did he tell you a sales
representative would be
in the operating room?

No.

He just told us not to worry.

He'd done this
procedure 100 times.

Then they took
Maureen away.

That's the last time
I saw her alive.

Thank you.

Mr. Gerard,

if you and your
wife were concerned,

why did you go through
with the surgery?

Maureen trusted
Dr. Rudnick.

He'd been highly
recommended.

By other doctors?

Yes. And by her friends.

She had another gynecologist
before Dr. Rudnick.

Isn't that right?

Yes.

What happened to him?

Maureen had some bleeding
and some cramps.

Her other doctor
examined her and told her
it was just menstrual.

She decided to get
another opinion.

And Dr. Rudnick
found the polyps
the other doctor missed?

Yes.

Thank you.

The practice kept
taking on more
and more patients.

Sometimes Dr. Michaels
and I would be in the office
until 9:00 or 10:00.

He joked that it was like
doing his residency again,
never getting enough sleep.

Did you ever see Glynnis
Ward at the medical offices?

A few times.
It wasn't unusual.

There was always a sales rep
from an equipment supplier
or a drug company stopping by.

As far as you know,
what was the purpose
of Ms. Ward's visits?

To sell. She gave
presentations to the
doctors and the staff.

She even took me
out to lunch once.

Was that unusual?
No.

I could probably eat out
every day of the week just
on the drug companies.

They pitch you
their product over
soup and salad.

Ms. Panati, tell us what
happened that morning
in the operating room.

Another nurse
and I wheeled
in Mrs. Gerard.

Ms. Ward was already
there wearing scrubs.

Dr. Michaels told me
we'd be using the Medtech
laparoscopic laser.

I told Dr. Michaels
I wasn't checked out
on that equipment.

He told me Ms. Ward would
operate and monitor
the electrolyte pump.

To your knowledge, had
Dr. Rudnick or Dr. Michaels

ever used the Medtech
laser system before
on a patient?

No.

What happened next?

Dr. Rudnick came in.
He had another surgery
scheduled for 9:00,

and he had
a patient in labor.

He told us we'd have
to be finished with
Mrs. Gerard by 8:45.

And what happened
during the surgery?

We were going at
a pretty good clip.

Ms. Ward was administering
the electrolytic fluid.

Then halfway through,
I noticed that the fluid

wasn't draining
out of Mrs. Gerard.

I told the doctors.

Dr. Rudnick said he didn't see
a problem and he didn't want
to stop the surgery.

And what
did Dr. Michaels say?

Nothing.
He just ignored me.

What happened when
the surgery was over?

The lights had been dimmed
for the video monitor,

and when they came back on,

we all saw that
Mrs. Gerard was bloated
and in a lot of distress.

How exactly did she look?

Her abdomen was
severely distended.

Her arms and legs
were puffy.

Her face was swollen.

She was hardly recognizable.

The doctors rushed
her to the E.R.

Were you later able to
determine how much fluid

had been pumped
into Mrs. Gerard?

Yes. Just under 10 liters.

And how much is
considered safe?
Three to four liters.

Thank you.

Nurse Panati, if you were
convinced Mrs. Gerard
was in danger,

wasn't it your duty
to warn the doctors again?

Even to stop
the surgery?

If I had tried to do
that, Dr. Rudnick
would have fired me.

Move to strike.
Denied.

Nurse Panati,
you testified that

10 liters of fluid were
pumped into Mrs. Gerard,

yet the charts only
indicate four liters.

I wrote that.

You falsified these documents?

Yes.

Why? To cover up
your own failure to act?

Your own negligence?

No.

I did it to protect
Dr. Michaels.

No more questions.

Ms. Carmichael, we'd
like to discuss a deal.

Why should I cut
your client a break?

Well, you haven't
proven negligence yet.

But here you are.

Dr. Michaels has evidence,
very damaging evidence,

about Dr. Rudnick.

About their practice.

Okay, you've
got my attention.

Plead to misdemeanor
assault.

Pay a fine,
take probation.

I don't think so.
I can't go to prison.

I can't lose my license.

Dr. Michaels...
Please, please.
I have a family.

I need my livelihood.

Why? So you can
start up another
gyno factory?

Any plea is going
to include prison time
and the loss of your license.

You can talk it over
with your client
and get back to me.

Ms. Carmichael,

this wasn't the kind
of medicine I wanted
to practice.

I spoke to his wife.
Dr. Michaels told her
last night

that he was going to drive
to the grocery store

and she hasn't
seen him since.

Your Honor,
it's already 10:30.

The police have
made every effort
to find Dr. Michaels.

It's clear he's fled
the jurisdiction.

I have his passport,
Your Honor.

Bench warrant is issued,
Mr. Delaney.

Your Honor, we can't possibly
proceed without Dr. Michaels.

My client will be
unduly prejudiced.

We ask for a continuance.

Ms. Brolin, motion for
a continuance is denied.

You have half an hour to get
your first witness ready.

The, uh, Medtech is the most
accurate laparoscopic laser
system on the market.

That's why I used it.

Even though it hadn't been
approved by St. Mark's.

St. Mark's is notoriously slow
to approve new technology.

The Medtech is used in
half-a-dozen hospitals
on the East Coast,

with excellent results.

Doctor, didn't using
the Medtech expose
you to sanctions?

The more accurate the laser,
the less risk of damaging
the uterine wall.

I couldn't let
a bureaucratic
snafu keep me

from giving my patient
the best care possible.

And your decision to allow
Ms. Ward to operate
the Medtech pump?

Well, again, see,
no one in my staff
was trained in its use.

Now, Ms. Ward had received
hundreds of hours of training.

She was, uh, intimately
familiar with its mechanics.

She had, uh, seen it used
in numerous surgeries.

She was the, uh,
best qualified
person to operate it.

Isn't that another violation
of hospital policy?

Hospital policy is not meant
to protect the patient,

it's meant to protect
the hospital from litigation.

No, I used the best
technology available

and the best
trained personnel,

all in the interest
of my patient.

Nothing else.
Thank you, Doctor.

It's too bad Mrs. Gerard
isn't here to thank you
for your dedication.

I don't make light of her
death, Ms. Carmichael.

I am very sorry
it happened.

Why do you think
it did happen, Doctor?

I don't know the technical
explanation.

The Medtech delivered
more fluid than it indicated.

Your best available
technology failed?

Computers crash.
Cars break down.
It happens.

It happened in this case
because you ignored

the warnings from
your best trained personnel.

Didn't Nurse Panati tell you
there was a drainage problem?

Yes.
Then why didn't you
stop the surgery?

I didn't see a need to.

The patient's vital
signs were normal.

Did you think she
might be getting
too much fluid?

She wasn't, according
to the readout on the pump.

Did it occur
to you to check the pump?

That would have meant
keeping the patient
on the sedative drip

longer than required.
That was a greater risk
than the electrolytic fluid.

Or is it because you
were in a hurry to get
to another patient?

No.

Isn't that the reason
you disregarded the risks
to Mrs. Gerard?

That's nonsense.

You ignored hospital policy.

You ignored warnings
from your nurse.

What's another shortcut
if it means cramming
one more patient

into your
over-extended practice?

Why would I endanger
the patient's life?

It doesn't make sense.
That patient's welfare
was my foremost concern.

That patient's name
was Maureen Gerard.

No more questions.

Nice finish.

It wasn't enough.
Hung jury?

Smells like.
Counselors.

Guess who won't be making
any more house calls?

State police in Putnam County
found Dr. Michaels in his
car at the bottom of a gully.

Accident?
No skid marks.

But go prove
it's a suicide.

Thanks.

That's one verdict
you don't have
to worry about.

Jack, Michaels came
to me asking for a deal.

He said he had evidence
to convict Rudnick.

I might have set terms
he couldn't live with.

No, no, no, no.
His choice, Abbie.

His lawyer know he
asked for a plea?

Yeah, his lawyer
was there.

Call the judge
for a conference.

Your Honor,
whatever Dr. Michaels told
his attorney is privileged.

It can't be divulged without
Dr. Michaels's approval.

His death makes
that unlikely.

The privilege
survives his death.

U.S. v. Foster explicitly
states it cannot be pierced.

Because the Supreme
Court thought a client

would be encouraged
to speak openly
to his lawyer

if he believed it would
remain confidential
after his death.

Dr. Michaels didn't
want his conversations
kept private.

His intent was
to enter into a plea
bargain with us

and reveal what he
told his lawyer.

His intent should
survive his death.

We can't know what
his intent was when
he spoke to Mr. Delaney.

We can if we
ask Mr. Delaney.

But that defeats the whole
purpose of the privilege.

Judge, when wills are
contested, the deceased's
conversations with his lawyer

are admitted to clarify
his testamentary aims.

The Supreme Court left
that exception intact.

It's a narrow exception.

Your Honor,
I can't testify.

You will if I order you to.
In my courtroom.

I want you under oath,
Mr. Delaney.

Dr. Michaels was under
a lot of stress.

He felt responsible
for Mrs. Gerard's death.

He felt he'd abdicated his
responsibilities as a doctor.

He thought the trial
was hopeless.

He wanted to enter into
a plea bargain with
the District Attorney.

What kind of plea bargain?

He was willing to turn over
evidence against Dr. Rudnick

in return for a plea
to misdemeanor assault.

Did the
District Attorney
agree to this deal?

Ms. Carmichael asked
for a plea to criminally
negligent homicide.

Minimum jail time,
forfeit of Dr. Michaels's
medical license.

We told her
we'd think about it.

You hadn't turned it down?
No.

And Dr. Michaels told you
what his evidence was?

Yes.

And it was his clear intent
to divulge the evidence
to the District Attorney?

Yes.

What was the evidence?

Dr. Rudnick and he had an
arrangement with Ms. Ward.

If they convinced St. Mark's
to approve for purchase
the Medtech laser system,

they'd receive a kickback,

along with rebates on
equipment for their practice.

Dr. Michaels told me
this arrangement was

worth several
hundred thousand dollars.

Thank you, Mr. Delaney.

Since Dr. Michaels intended
to divulge this evidence,

I'm going to admit
Mr. Delaney's
testimony at trial.

In light of Your
Honor's ruling,

I seek leave to re-present
murder two depraved
indifference charges

against Ms. Ward
and Dr. Rudnick.

Your Honor already
dismissed those charges.

New evidence,
new theory of the case.

Dr. Rudnick ignored
the risks to Mrs. Gerard
out of pure greed.

But it's double jeopardy.

CPL Section 200.2

permits new charges
where the evidence was
unknown to the People.

How are we supposed
to cross-examine
Dr. Michaels?

There are Sixth Amendment
confrontation problems
here, Your Honor.

I'm sure the Appellate
Court'll love hearing them.

Leave to re-present
murder two charges is granted.

I talked to
Ms. Ward's lawyer.

You let her plead
out on man one.

Mrs. Gerard did not put
her life in Ms. Ward's hands.

The offer is 15-to-life.

But he wasn't
trying to hurt her.

Spare me. The offer is
15-to-life, or we meet
with the judge

tomorrow to set
a new trial date.

Send me the paperwork.

Tell me, Doctor,

all those women
you ran through your
examination rooms,

do you remember their
faces, or did you not
even bother to look up?

Dr. Rudnick's bad
luck you weren't
prosecuting this case.

His bad luck was
one of us pierced
attorney-client privilege.

Well, it just wasn't
his lucky day.