All language subtitles for Law.and.Order.S15E14.Fluency.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

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.

He started feeling crummy
a couple of hours ago,

He was running a temp--

You know, he was fine,
and then he just crashed--

That's how kids are.

They look okay,
and then boom,

they bottom out fast.

Is he going to be
all right?

They'll give him
something at the E.R.

to bring his
fever down.

Looks like he's just
got the flu.

But he had a shot
three weeks ago.

Really?
Yeah.

How old is he?
Oh, he's 10.

Our pediatrician
had a few extra doses.

You're lucky,
I know so many families

tried to get shots
and couldn't.

Okay, James?

We're gonna take you
for a little ride here, buddy.

Your mom's gonna
come with us.

You're gonna be okay.

It's okay, James.

Everything's gonna be
all right, sweetheart,

Mommy's here.

Mommy's here, baby.

Okay, all right,
my love.

Cause of death:
acute pulmonary edema.

A direct result
of the flu.

So why did you
call us here?

His parents said he
got a flu shot

about a month ago.

But I pulled his
pediatrician's chart.

According to the records,
he was vaccinated,

but when I ran blood titers,
he had no antibodies.

And he should have had?

If he'd been immunized,
absolutely.

I still don't get
why we're here.

Well, there have been
a lot of flu related deaths

in the past few weeks.

I went through
the autopsy records

and found half a dozen
other victims,

who had also supposedly
been vaccinated

but had
no antibodies.

Supposedly?

These people were not injected
with the flu vaccine,

they couldn't have been.

It wasn't just
a bad batch of the vaccine?

Even with an expired
or a contaminated vaccine,

there'd still be
antibodies.

So, if it wasn't the vaccine,
what were they injected with?

Good question.

Now, there's no sign of
anything toxic,

so it has to be
something neutral,

sterile saline
solution maybe.

So these people all thought
they were getting vaccinated.

They weren't.

They get the flu anyway
and it killed them?

Exactly.

We could be looking at
a whole bunch of homicides here.

That's why
I called you.

ople here?

Mostly--some are from
other high risk categories,

immunosuppressed,
chronic illness,

but a couple
were perfectly healthy,

like this
James Citron kid.

Well, if they had gotten
the real vaccine,

couldn't they have
gotten sick anyway?

The ME says that
that's unlikely.

The vaccine is genetically
designed to deal with

whatever this year's
strain is.

I spoke to a friend of mine
over at DEA.

He says that
black market flu vaccine

is going for $800 a vial.

There are ten doses
in a vial.

Where's it come from?

Canada, mostly, or it's old
expired vaccine from last year.

And because of the shortage
this season, demand is high.

People are going crazy
to get a shot.

Someone is selling
fake flu vaccine,

and passing it off
as black market?

They're probably
telling the doctors

that it fell off the back
of a truck in Toronto.

Ugh, how many doctors
are we talking about?

The ME's identified
seven victims,

seven different doctors,
seven different neighborhoods.

This thing is citywide.

All right, you know
you're gonna have to

go down the list, find out
how much of this stuff

they bought,
how many patients

were vaccinated,
how many people are sick.

You need to start with
James Citron's pediatrician,

and in the meantime,

I'll call the
health commissioner's office.

You know what
the messed up thing is?

Mrs. Citron's doctor
had the real deal.

That boy didn't
have to die.

I gave him
the shot myself.

So he doesn't exactly
fit the criteria, does he?

Under two, over 65, or with a
chronic medical condition?

Well, I wouldn't have
given him one,

but his mother
was worried.

She said he was frail;
she insisted.

And he got
the flu anyway.

Well, he must have gotten
a different strain

than the one
I vaccinated him for.

It's rare and a damn shame,
but it happens.

Then we need to have
that vaccine tested.

The ME suspects that
it may have been

a factor in his death.

A factor?
In what way?

Now, you're the expert,
doctor, you tell us.

How does a vaccine
go wrong?

It could be tainted,
adulterated in some way,

contaminated, or simply expired,
ineffective.

Or not a vaccine at all.

What do you mean?

Well, that's the risk
you take when you buy

any kind of a drug
on a black market.

You just don't know what you're
getting, do you, doctor?

Doctor?
Do you?

Let's talk in here.

Okay, we're gonna need to take

whatever vaccine you have left.

We'll have it
tested at the lab,

and then we'll know what
we're dealing with here.

It's long gone.

I ran through it
in a couple of days.

How much did you buy?

15 vials.

That's 150 shots,
right?

Roughly.

We're gonna need a list
of the 150 patients

you gave this
phony vaccine to.

Now, other than James,
were any of them sick?

Not so far.

Let's hope that holds up.
Who'd you buy it from?

Look, I'm a
pediatrician.

I did it to
protect my patients.

Well then, protect
your patients now,

and let us know where you
got that phony vaccine from!

I want you to know
that I went out of my own pocket

nearly 10 grand
to pay for those meds!

And we want you to know
that we'll make sure that

the prosecutor's office and
the AMA knows all about that.

All right,
all right.

I didn't get it
on the black market.

I got it from
a colleague.

I sold it to him
for exactly what it cost me.

How much
did you buy?
30 vials.

I sold half to Kevin,
used the rest for my patients.

Where'd you get it?

Why is that
important?
Hey, doctor.

Hey, doctor.

We have seven deaths,
flu victims with no antibodies

who've all been
immunized.

One of them ws
a ten-year-old bo,

for God sakes, a patient
of Dr. Wasserman's.

Well, that's impossible.

If they were immunized,
they'd have the antibodies.

That's our point exactly.

People are dying
from a virus

they think they've been
protected against.

Oh, my God, it's fake.

Yeah, the ME thinks
it's a saline solution.

My drug rep got me what I needed
even with the shortage.

I thought she was
a miracle worker.

We need this miracle worker's
name and number.

And you have a lot
of work to do, doctor.

You have to get all your
patients immunized again,

this time with the
real vaccine.

So how did you get your hands
on so much flu vaccine

in the middle of a
nationwide shortage?

I had some connections
with some of the distributors.

Well, we did a background check
and we found out that

you've been a pharmaceutical rep
for what, all of six months?

What possible connections
can you have?

And there are people who have
been in that business for years

can't get their hands
on a single shot.

An executive from Medicus
hooked me up.

Medicus?
Medicus
Pharmaceuticals.

It's a Canadian
drug manufacturer.

And what's this
executive's name?

Um, David,
David something.

I have his card.
How did he
hook you up?

He works out of their
New York office

and he said he could get some,
you know, on the side,

under the counter.

You thought he was
stealing it?

Well, I figured if he was,
then that was his business.

I mean, since it's from Canada,
I didn't see any harm in it.

It's the same vaccine.

Huh, trafficking
in stolen goods.

International,
no less.

All right, we're gonna need
a list of the doctors

you sold this stuff to,
and we're gonna need

that David fella's card.

Can you describe him
for us?

David Kolbrenner.

Early 30s, tall,
short brown hair,

green eyes,
and a nice smile.

Do you always remember people
with such detail?

Well, he was
very handsome.

And I'm very single.

I just got off the phone with
the deputy health commissioner.

We have two more deaths where
the family said the victims

had been vaccinated,

and the autopsy said
they hadn't.
That's nine.

And no telling how many more
before this thing is over.

You must be
sweating bullets.

The commissioner issued
a warning to doctors

not to buy any
black market flu vaccines.

The public ought
to know that.

Yeah, but they want
to keep it quiet

until they figure out
what they're doing.

Listen, what have we got?

We got a lead on the guy
that sold the phony vaccine

that was used
on James Citron.

Claims to be from
Medicus Pharmaceuticals.

Name's David Kolbrenne.

And Medicus
never heard of him?

His description doesn't fit
any of their employees.

Look, the doctors who are using
this phony vaccine

are from all over the city.

But this one rep only covered
The Village,

so he's got to be
hitting other reps.

Or he's working from
some kind of list.

A list of drug reps?

Sure, drug manufacturers
buy them all the time.

But we're not interested
in the corporate customers.

We want the individuals

who may have purchased
a list from you,

like the past
three months or so.

Okay, I'll check it out.

Oh, we've got 13 names
and addresses.

We're just interested
in the men.

Five of the
male persuasion.

I'll print you out
a hard copy.

Is there a David Kolbrenner
on that list?

Nope, sorry.
Of course not.

It would have been
much too easy.

Let's start with Mike Bass.

I hope this guy's home.

I'm getting tired
of coming out here.

After this, we've still
got the two in Jersey.

I hate going to Jersey,
I always get lost.

This dude's
still not home.

Well, the hell with it,
we'll come back later.

Joe, check it out.

Hey, excuse me, sir?

Do you live here?
Who's asking?

I'm Detective Fontana
and this is Detective Green,

New York City
Police Department.

We're looking
for a Mike Bass.

I'm Mike Bass.

What can I do
for you?

You know a
David Kolbrenner?

No, I don't, sorry.

Excuse me.

Can we see some
ID, please?

Sure.

Yeah?
Thank you.

You sure?

Okay, thanks.

Joe, that's
affirmative.

Really?

Hey, that's a
great shirt.

Paul Smith?
That's right.

Paul Smith.
Good eye.

I had mine
handmade.

Nice.

You know what's funny?

Your driver's license
says Mike Bass,

but the monogram
on your shirt says DK.

Oh, this shirt?
Yeah.

Yeah, no, this shirt
is my cousin's.
Yeah.

His name is Don.
Okay, fine.

No, it's Don Kramer.

I'll give you
his number.
Shut up.

That's him,
that's definitely him.

He sold you
the vaccine?

Yeah, he's the one,
no question.

You've done good.

We wanna know where the rest
of that phony vaccine is.

I don't know what
you're talking about.

Don't say anything.

Direct your questions
to me, please.

Where did you get it,
Mr. Bass?

Don't try to
pressure him!

You think this
is pressure?

Stick around
a little while.

Your client
has already been

ID'ed by a pretty little
pharmaceutical rep.

You remember her?

You sold her
the phony vaccine.

Told her your name
was David Kolbrenner.

Found a bunch of these
in your wallet, bro.

I'll tell them.
All right.

My client is willing
to identify

all of the pharmaceutical reps
he may have sold product to.

The doctors
already told us that,

and those other reps
are gonna I.D. him too.

That's why we need to know where
the fake vaccine is now,

before any more people die.

The clock is ticking,
don't you understand that?

My client is not responsible
for any of these deaths.

We have nine bodies
that say otherwise,

and there'll be more
if he doesn't talk!

My client is merely
a middleman.

My client,
my client.

Will you shut up?

Your client is putting
thousands of people at risk,

causing an epidemic.
We want a name now!

You have to tell the D.A.
we want full immunity.

Full immunity?

Dream on,
public defender.

Look, I had no ida

the vaccines weren't real
until you told me.

I thought they were stolen,
I swear to God.

Smuggled in from Canada
or somewhere.

I sell fake handbags
and-and watches,

for God's sakes!

I'm no killer.
No, you're not.

You're a serial killer.

a public health emergency.

She said traffic
was terrible.

She's new?
New to homicide.

Tried a lot of felonies--
major cases.

I hear she's
pretty good.

I apologize
for keeping you waiting.

It's gridlock out there.

A.D.A. Borgia,
Lieutenant Van Buren?

Nice to meet you.

Detectives Ed Green.

How are you doing?

Joe Fontana.
Pleasure.

Gentlemen.
Borgia.

Italian, huh?

Italian, French,
Spanish.

I still have family
in Venice.

While I was
stuck in traffic,

I had a chance
to look over my notes

from my conversation
with Lieutenant Van Buren.

I think we can make a deal
with Mr. Bass.

Well, his lawyer wants
full immunity.

You're not gonna make
that deal, are you?

Of course not.

Mr. Wickham,
Alexandra Borgia, A.D.A.

Nice to meet you.

Just wantd
to let you knw

that the charges will be
amended to include

any future influenza deaths

that can be linked
to your client.

Excuse m?
Additional charge?

I thought we were
gonna talk deal.

As long as you maintain
a full immunity position,

I will personally
see to it that Mr. Bass

is charged with
any influenza death

that can be even remotely
connected to him.

That's prosecutorial
misconduct.

That is prosecutorial
discretion.

What can you
do for us?

An "E" felony,
scheme to defraud

in the first degree
for each sale.

And the homicide charges?

We'll drop them,
providing your information

leads to whoever is making
and distributing

this so-called vaccine.

On the fraud charges, six
months, concurrent sentences?

One year.

If I like
what I hear.

All right.

I've been buying
counterfeit goods

from this guy for years.

Handbags, watches,
CDs, you name it.

Handbags are not
killing people.

Sklar calls me up.

He tells me
he's got something

that's gonna
blow my socks off.

So I go to this
warehouse,

and he's got stacks
of this vaccine

that everybody's
clamoring for it.

Charges me 175 a vial.

I'm selling it for 5, 6,
700 bucks apiece, easy.

Fast as I can get it,
it's gone.

This guy's
a counterfeiter.

Ever cross your mind
that this stuff wasn't real?

He told me
it was stolen.

It never occurred to me
that it was fake.

Honest to God.

So, he's not
the source?

No, no way.
Strictly wholesale.

I need more before we can
go to a judge for a warrant.

That's all I got.

This guy trusts you?

We've been doing business
for years, yeah.

You're gonna call him
on your cell right now.

Let him know
you have someone

who wants to make
a really big vaccine buy.

When do you want
to set it up for?

People are dying.
Let's do it tonight.

Kind of dark,
isn't it?

Well, the landlord's
a skinflint.

The lights on the aisles
are on motion sensors,

and if you don't keep
moving around,

they turn off after like
30 seconds or so.

It's a pain in the ass.

Wow, I'm impressed.

You mind if I
take a look?

You could look
all you want, man.

My stuff's as good
as it gets.

Yeah, so is mine.

And since I've seen
all of your stuff,

I'll show you mine.

Now let's just
wait for the warrant,

and then we'll go through
all of this stuff

piece by piece,
what do you say?

You little bastard!
Tom--

He's running!
He's running!

10-13, shots fired.

Repeat, shots fired,
ninth floor.

You okay?

Yeah, I'm good,
you?

Yeah, never bette.

How about you, Sklar?

You son of a bitch.

The building is
sealed off.

You're only making things
worse for yourself.

Damn straight.

Now come out
and drop your weapon!

Damn it.

Ed, get read.

God said,
let there be light!

Police, don't move!

He's down.

He's down.

10-13, everything normal.

Repeat, everything norma.
No further neede.

We need a bus for a civilian,
ninth floor.

That's how you can tell
it's a knockoff.

Steel instead of titanium.

Great, so we can get him
for counterfeiting.

No vaccine?
We tore that place
apart.

A lot of bogus and stolen stuff,
but no vaccine.

What the hell?

And I just heard from te
health departmen.

16 deaths and counting.

Sklar's gotta be
out of the O.R. by now.

Well, I see the good news

of my client's recovery
has spread quickly.

And we thought we'd
bring the guy some flowers,

cheer him up
a little bit.

Save 'em for your sweetie,
detective,

my client
isn't talking.

You should always
listen to your lawyer.

After all, he is the one that's
facing 16 counts of homicide.

Oh, no, wait a second,
that's you!

I didn't make the stuff!

Yeah, well you better
tell us who did.

After I talk to the D.A.,
we'll get this knocked down

to criminal possession
of a firearm,

some counterfeit charges,
then you'll talk.

That is some bad advice,
Mr. Sklar.

It's now or never, pall,
if we find the other guy firs,

he's the one who gets the deal
and you go right down.

You're gonna tell the D.A.
that I cooperated, right?

All right.

Against my advice,
go ahead.

He said he got the stuff
down in Mexico,

where there's no shortage.

You didn't know
it was fake?

Fake?
No way.

He said he had connections
to a manufacturer down there.

What's this guy's name?

I only know him as E.P.

Where'd you
make the buys?
In Red Hook.

It's a warehouse garae
on the wate,

New Street.

I don't know the
exact address,

but I could tell you
where it is.

Can you draw us a map?

Hey, no problem!

I'm the manager,
can I help you gentlemen?

NYPD. You have the authority
to open these garages?

No. Besides, you need a key
and I don't have one, sorry.

Well, we do.
What's this?

It's our key, a warrant
to search this garage.

You sure this is
the right place?

He said seventh from the
parking lot on the water side.

Okay, boys, let 'er rip.

There we go.

We're gonna need
the name and address

of whoever
rents this space.

I get a money order
every month.

I ain't got no return address
for that space.

Well, you must have
an emergency phone number

in case something
comes up.

I might.

You get on the phone
and you tell the tenant

to get down here
right away.

A leak in the sprinkler system
just ruined his inventory.

If I lost one box in there,
it's your ass, old man!

Who the hell am I
talkin' to, huh?

You think I just do it--

Hey, what's going on, huh?!

Elliot Peters,
you're under arrest.
What for?

For killing
a whole bunch of people.

I'd read you a list,
but it's too long, you bastard.

Turn around.
Do me a favor.

Read this crumb his rights,
I don't have the guts for it.

Me neither, but I don't
want there to be

any technical
difficulties.

You have the right
to remain silent.

Anything you say
can be used--

Your Honor, my client
is accused of selling

sterile saline solution,
a harmless substance.

Hardly harmless if it's
passed off as flu vaccine.

Mr. Peters recklessly caused
the death of these people

by providing
a useless vaccine

to a marketplace
driven by panic and hysteria.

The definition
of recklessness

is the conscious disregard
of a substantial risk.

The phony vaccines were sold
to at-risk groups.

The elderly,
young children,

people with chronc
medical condition.

The victims didn't get
the vaccinations they needed

because they wrongly believed
they were protected

by Mr. Peters'
worthless version.

If I could charge him

with 19 counts of Murder Two,
I would.

Your Honor, my client allegedly
sold sterile saline solution

to one party
who sold it to another,

who sold it to a third,
who gave it to someone else

who may or may not have
gotten the flu.

And if they did,

may or may not have
died from it.

Gave it? It was injected
into their bodies

in lieu of the
real vaccine,

one that these individuals
desperately needed.

This harmless saline solution
would be used by physicians

who mistakenly thought
they were protecting

their patients from a
life threatening illness.

Your Honor--

Save your breath,
Mr. Pollack.

I, too, regret that your client
can't be charged with murder.

No bail.
Defendant is remanded.

Nice job, counselor.

Good luck getting a conviction
without any evidence, though.

The warrant called
for a search of garage #7

in a warehouse
on New Street.

Now, our informant
didn't have the exact address,

but the cops easily found
the right warehouse and garage.

What's the problem?

The problem is
the garage the police searched

was technically #14.

Our informant called it #7
because it's the seventh door

down the pier
from the parking lot.

It shouldn't be an issue as long
as the doors weren't numbered.

It's very confusing
out there.

Some of the doors were numbered,
some of them weren't.

This one was not particularly
prominent or visible,

but there is a number
on the building,

20 feet above the doo.

How do the warehouse records
list the garage?

As #14,
that's how it's recorded

at the County Surveyors Office
as well.

We can't give this
evidence in.

Pollack's argument is
hypertechnical.

Besides, I thought
the Supreme Court

allowed the police
to make a good faith error

and still have the evidence
remain admissible.

They did, and if this

were a federal case,

I wouldn't be worried.

But New York state doesn't
give the same latitude.

It's a stricter standard.

You really think there's a
chance it could be suppressed?

You should have gone out
to the site with the police

and the informant
prior to the raid.

Made sure your warrant
was absolutely in order.

The informant
was still in the hospital,

and we didn't want to wait
and risk more

of the phony vaccine
getting distributed.

Let's hope we get
the right judge.

The warrat
gave permissin

for the police
to search garage #7.

It's a distinct address
recognized on that warehouse lot

by various city
and state agencies,

as well as by
the warehouse's own record.

That is not the garage
that the police entered.

The police searched the garage
in the warehouse

described by
the informant.

They opened the seventh
garage door down the row,

which is what Mr. Sklar meant
when he said garage 7.

Which is what they
thought he meant.

The door was
clearly marked 14, not 7.

The police searched
the right premises.

They found the counterfeit drugs
they were looking for.

That's irrelevan,
Your Hono.

You're not entitled
to be lucky.

Your Honor, Mr. Pollack
is arguing a technicality.

Since when is the fourth
amendment a technicality?
Huh!

The simple fat
is the police had a warrat

that entitled thm
to search premises ,

and they searched
premises B.

Mr. McCoy?

The fourth amendment exists to
prevent unreasonable searches.

In this case,
the police got

what they believed
was accurate information.

They waited
for a search warrant,

and then they entered the actual
location they were looking for.

The fact that the warrat
contains a numerical errr

is irrelevant
and hypertechnical.

This is more than a
hypertechnicality, I'm afraid.

Your informant did not have
the correct location.

I have no choice
but to suppress the evidence

from the garage.

Without those vias
of vaccin,

I don't know that we can
make our case.

We have Sklar's testimony

that he bought the vaccine
from Peters.

And corroborated a testimony
of a petty criminal.

So we can't use what was
in the garage.

What if we have evidence of
what was outside the warehouse?

I don't follow.

There have to be
surveillance cameras

on the loading docks.

Maybe there's
something there we can use.

It's a long shot.

No stone unturned.

We only keep 30 days worth
of videotape at a time.

Anything before that
would be taped over.

But if Peters received a
new delivery in the last month,

it would be
on the tape?

Yes.

Well, could you check,
please?

All right,
I'll get the file.

If he were here, he would have
signed in on the sign-in sheet.

Every time?
Well, maybe not
every time.

That's what I thought.

All right, this is
what I've got.

His name is not
on the sheet.

There, see for yourself.

Why does it say Heath
at the top of the page?

I thought this was
Elliot Peters' garage.

Mr. Peters is listed
as a person

with the right of access
to the space.

So who's Heath?

Mr. Peters' sister.

The garage is rented
in her name.

Bad news is,
there's no usable video

of activity outside
the garage.

And the good news?

We got him anyway.

Call me crazy, Your Hono,

but didn't we decide
this matter already?

New evidence
has been uncovered.

Would the peope
be so god

as to share it
with the court?

Of course. The storage garage
was not Mr. Peters'.

It was rented by his sister,
Amanda Heath.

Without my client
admitting that any of the

previously excluded material
was his,

he used the storage facility
all the time.

He had a key--

But he does not have
a reasonable expectation

of privacy in the space,
which is needed

to assert a
fourth amendment claim.

My client's name was on the
access list to the garage.

When she moved into
a smaller apartment,

his sister listed him

so he could finish
storing her things.

In this affidavit,
she categorically denies

ever giving him permission
to use the space

for his own purposes.

The space belongs only
to Miss Heath.

Fine, so the police violated

Miss Heath's
fourth amendment rights.

I don't concede that,
but even if they did,

it's irrelevant.

She is not being
charged with anything.

Your client has
no standing to invoke

the constitutional rights
of his sister,

and therefore,
never had standing to move

to suppress this evidence
in the first place.

I agree. I withdraw
my previous ruling.

The evidence is reinstated.

Pollack will say Peters
is just a counterfeiter.

That this is fraud,
not manslaughter.

I think the question here
is one of foreseeability.

Peters had to know that
his saline solution

would end up being injected
into patients as flu vaccine.

Who might or might not
have gotten sick,

and if they did, who might
or might not have died.

They'll paint him
as a screw-up,

not as the heartless
sociopath that he is.

I think we can
cast him in that light.

He did six months
federal time

for selling expired
drug samples to pharmacists.

He's been sued more times than
you can count for various scams.

Phony airline tickets,
posing as a contractor,

defrauding
old folks.
A career conman.

Did he ever put anyone
at real risk

in terms of life and limb?

One of his schemes
was buying totaled cars,

reassembling
and selling them.

They'd pass inspection,
but the chassis were so bad,

they were unsafe
at any speed.

Another was selling
previously recalled,

contaminated
surgical supplies,

which in one case
resulted in an infection,

causing the victim
to have his leg

amputated below the knee.

I really want
to nail this guy.

Well, Pollack is going
to concede that his client

did everything
we say he did.

Sold saline solution
disguised as flu vaccine.

His argument is simply that none
of this caused any deaths.

I know I have a
causation issue, Arthur.

I'll overcome it.

Okay, their argument
is going to be that

some of the victims

had severe preexisting
health problems.

Otherwise, getting the flu
wouldn't have killed them.

We should take that argument
as our own.

Those people who had had
preexisting health problems

are the very ons
who had more thn

reasonable expectatin

of receiving a genuine
vaccination

if they hadn't gotten
the phony one first.

In fact, I thik
we ought to treat ths

as if it were
a class action suit.

Winnow it down to the

strongest batch of case.

The at-risk patients.

Well, that's going to eliminate
two or three of the deaths.

I wish I could prosecute
all of them,

but if Pollack casts a doubt
over one of them,

then the rest
may become vulnerable.

I'm sure you're right.

But you're not the one
who's gonna have

to speak to the families.

Well, that's what rookies
are for, Miss Borgia,

to do the dirty work.

I don't understand.

You're not prosecuting
Elliot Peters?

No, we're going to prosecute
Elliot Peters.

But not for
James' death?

I'm sorry.

It's a strategic decision
based on James' health

at the time of his death.

No, I don't understand.
James was healthy.

That's the problem.

He wasn't in
an at-risk category.

He didn't have
a reasonable expectation

of getting a flu shot
under the shortage guidelines.

I would have taken him
to my own doctor instead,

not the pediatrician.

My son would have been
protected.

He wouldn't have
gotten sick.

He wouldn't have died.

James will be represented
in that courtroom,

I promise you.

You'll make sure
this man is punished?

You promise me that?

Did you have
an opportunity

to review all the medical
and autopsy records

of each of the
16 victims?
Yes, I did.

These deaths were
textbook influenza

sequela-related
deaths.

In your opinion,
is there anything

that could have prevented
those deaths?

Absolutely,
a current flu vaccine.

Thank you, doctor.

Even if these 16 people
had been properly vaccinated,

they still could have
contracted

the influenza virus
and died, correct?

Very unlikely.

Move to strike as unresponsive,
Your Honor.

The doctor's answer
will be stricken

and the jury is instructd
to disregard i.

Once again, Doctor Adams,
could these people

have gotten sick
and died from influenza

even if they had been
properly vaccinated, yes or no?

It's possible, yes.

So the vaccine
isn't 100% effective.

Not 100%, no,
it isn't.

In fact, it's possible
to be vaccinated against

one strain of the flu
and still come down

with a completely different
strain, isn't it?

The 16 victims
we're talking about

died from the very strain
that this year's vaccine

was designed to counter.

Once again, doctor,
I didn't ask you that.

Objection, the witness
answered the question.

The prosecution claims
that my client

ignored a
substantial risk.

I'm trying to ascertain
how substantial

the risk of not being
vaccinated is.

Overruled.

So even if they'd gotten

this year's vaccine,

they still could have
contracted

a different strain
of the flu and died?

Yes.

Even possibly
from the very strain

the vaccine was meant to
protect them against, correct?

Possibly.

Thank you.

Redirect.

Go ahead.

What are the odds of someone
who has been properly vaccinated

dying of a different strain
of the flu?

Incredibly small,

like one or two in a million,
perhaps.

But they can catch the flu?

Yes, and if you've been
properly vaccinated,

what you get
is a very mild case of it.

And the odds of dying
of the same strain

you were vaccinated for?

In all my years of practice,
I've never seen it.

Thank you, doctor.

When I ran blood titers
on the deceased,

I found that none of them
had antibodies

for the influenza virus.

And if they don't
have the antibodies--

Then these people never received
a flu vaccination,

no matter what the
medical records say.

Thank you, doctor.

When you perform an autopsy,
you determine the cause of death

and then you record it in a
death certificate, don't you?

Basically, yes.

Isn't it true
that a death certificate

is considered
an opinion?

Based on available facs
known at the tim.

You were accurate
in your analysis

of the 16 deaths
in question?

I believe I was.

So isn't it true
that you concluded

that influenza
was not responsible

for the deaths of
any of these people?

No, that's not true.

The influenza led directly
to the deaths.

How can you say that
when the death certificates

which you signed
state otherwise?

Defense exhibit D,

death certificate
of Patrick Fitzhugh.

According to the
death certificate you completed,

what was Mr. Fitzhugh's
immediate cause of death?

Sepsis.
Mm-hmm.

And the intermediate
cause of death?

Pneumonia.

And finally, the underlying
cause of death?

Chronic obstructive
pulmonary disease.

Three causes of death and nt
one of them influenz?

Influenza was listed
on the death certificate.

On line D, right here
where it says,

other significant conditions
which contributed to

but did not directly
cause death.

So you yoursef
believe that influena

was not a direct cause
of Mr. Fitzhugh's death

or, indeed, any of the
deaths in question?

A homicide does not require
a direct cause.

It can be the result
of an indirect cause.

Mr. Fitzhugh was a pack-a-day
smoker since he was 19.

Now, in your opinion,
were those cigarettes

an indirect cause
of the pulmonary disease

you said he
suffered from?
Most likely.

Then why isn't a
tobacco executive

sitting next
to my client?

Objection.
Sustained.

No further questions.
Redirect?

Please explain
how causes of death

are listed on
death certificates.

We can list an immediate,
an intermediate,

and an underlying
cause of death,

and in some cases,
other significant factors

which contributed
to the death.

And why was influenza listed
as a contributing factor?

The influenza virus
exerted its lethality

by exacerbating
an underlying disease.

In other words,
if they hadn't gotten the flu--

Then these people
would still be

in their customary state
of ill health.

Sick, yes...

but alive.

Why did you put saline
in the vials?

I researched it
carefully.

I knew that saline
was not harmful to the body.

Didn't want anyone
to get hurt.

I made sure all the vials
were sterile.

Everything was done
so that no one would get sick

from the injections
themselves.

But you admit you
broke the law?

And I'm more than willing
to take the punishment for that.

But I am not a killer.

I am a counterfeiter.

Weren't you concerned
that some people

might catch the flu
and get sick

because they weren't
immunized?

Honestly, I didn't think that
anyone would catch the flu.

I mean, that's just the
luck of the draw, isn't it?

That could happen to anyone,

whether you get
a flu shot or not.

And can't the vaccine itself
make you sick?

Besides, who dies
from the flu?

You're sick for
a few days,

eat a lot of chicken soup,
and that's it.

Thank you, Mr. Peters.

These 16 people we've been
talking about, they died.

They died of the flu.

From the testimony
I've heard,

there seems to be
a difference of opinion

about that, actually.

But I'm sorry they did.

However it happened,
I'm very sorry.

You just testified you
didn't think there was much risk

connected to your
ersatz vaccine.

I didn't think so,
nothing substantial, at least.

You didn't think that
what you did

posed any
substantial risk.

Is that your
testimony?
Yes.

Mr. Peters, did you ever see an
old movie called The Third Man?

Your Honor--
Mr. McCoy?

The defendant says
he couldn't foresee

any substantial risk
to his actions.

I'd like to explore that
state of mind a little further.

The witness may answer.

The Third Mn
with Orson Welles.

It's been a long tim.

Orson Welles plays
a black marketeer

who steals penicillin

and then dilutes and sells it
with tragic consequences;

death, amputation,
children dying.

Objection.
Mr. McCoy.

It's a parallel situation,
Your Honor.

I think the analogy
is apt.

Overruled.

There is a famous scene
on a ferris wheel--

I remember that scene.

Orson Welles goes for a ride on
a ferris wheel with his friend,

and it stops when they
get to the top, and his friend,

who's played by Joseph Cotton,
asks why.

Why did you do this?

Orson Welles says,
for the money.

Joseph Cotton
is horrified.

Have you no
conscience?

How do you
live with yourself?

Orson Welles points to the
people on the ground far below.

And the people on the ground
are very small,

walking around
in the square.

And Welles says,
would you really feel anything

if one of those dots down there
suddenly stopped moving?

What was your
expectation

when you labeled
your saline solution

as flu vaccine
and then sold it in bulk

to people like Sklar?

That they'd sell it
to someone else.

And it would eventually
be used as vaccine?

Sure.
Eventually.

And you couldn't foresee
the risk to those patients?

They were just dots to you,
weren't they?

Far away,
insignificant--

Objection!

And if they suddenly
stopped moving, who would care?

Not you.

Your Hono!

All right, Mr. McCoy.

You've made your point.

Nothing further, Your Honor.

On the first cout
of the indictmen,

manslaughter in te
second degre,

how do you find the defendan,
Elliot Peter?

We find the
defendant guilty.

On the second cout
of the indictmen,

manslaughter n
the second degre,

how do you find the defendan,
Elliot Peter?

We find the
defendant guilty.

On the third cout
of the indictmen,

manslaughter n
the second degree-

The Third Man?

Spur of the moment.

That ferris wheel scene
just popped into my head.

A pretty effective cross.

You really painted the picture
for the jury.

He's a cold blooded,
callous creep.

15 years is not nearly enough
for what he did.

15 years times 16.

I'm going for
consecutive sentences.

15 times 16,
that's what?

240?

You think the judge
will buy it?

If I'm persuasive enough
at the hearing next week.

Your Honor, the people are
asking this court to impose

16 consecutive sentences
on this defendant.

Your Honor,
that's a possible 240 years.

Mr. Pollack's math
is correct.

That's outrageous--
for selling saline solution?

For causing 16 deaths.

That's outrageous.

Your Hono,
under the penal la,

a sentence imposed
for two or more offenses

committed through a single act
must run concurrently.

Consecutive sentences
are permissible,

where the people demonstrate
that the offenses

are based on separate
and distinct acts.

As this court is well aware,

Mr. Peters made multiple sales

of his phony vaccine

to various purchasers.

Each sale was a distinct
and separate act.

Each sale is part
of one large illegal scheme.

Consecutive sentences
are wholly improper.

What I find wholly improper
is your client killing 16 people

and getting out in
as little as 15 years.

Your Honor--
Enough.

Mr. Pollack.

Elliot Peters...

you are hereby sentenced

to 15 years for each
of the following convictions,

the sentences to run
consecutively.

Manslaughter in the
second degree, Brad Tobolsky.

Manslaughter in the
second degree, Duane Rader.

Manslaughter
in the second degree,

Patrick Fitzhugh.

Manslaughter in the
second degree, Steven Pepper.

Manslaughter in the
second degree, Curtis Stoddard.

Manslaughter in the
second degree--

Thank you for keeping
my promise for me.

You're welcome.
Don't do it again.

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