1 00:00:00,000 --> 00:00:04,162 WWW.MY-SUBS.CO 1 00:00:00,874 --> 00:00:02,615 NARRATOR: In the criminal justice system 2 00:00:02,676 --> 00:00:06,590 the people are represented by two separate yet equally important groups, 3 00:00:06,647 --> 00:00:08,456 the police who investigate crime 4 00:00:08,515 --> 00:00:11,325 and the district attorneys who prosecute the offenders. 5 00:00:11,385 --> 00:00:13,058 These are their stories. 6 00:00:15,022 --> 00:00:17,434 (MALE ANNOUNCER CHATTERING OVER PA) 7 00:00:19,526 --> 00:00:22,268 Excuse me. Excuse me, 8 00:00:22,329 --> 00:00:24,605 officers, there's a homeless woman... 9 00:00:24,665 --> 00:00:27,043 There's a homeless woman at the end of the platform, 10 00:00:27,100 --> 00:00:28,408 she's being eyed by some men 11 00:00:28,468 --> 00:00:29,947 and I'm concerned that she's vulnerable. 12 00:00:30,003 --> 00:00:31,038 What do you mean vulnerable? 13 00:00:31,104 --> 00:00:33,175 I mean she's asleep on the bench and she's vulnerable. 14 00:00:33,240 --> 00:00:37,052 All right, lady, calm down. Show us what you're talkin' about. 15 00:00:41,181 --> 00:00:43,161 What are you lookin' at? 16 00:00:44,017 --> 00:00:46,293 Come on, dear. Rise and shine. 17 00:00:46,353 --> 00:00:47,991 Hold on a minute. 18 00:00:51,825 --> 00:00:53,304 Oh, dear God. 19 00:00:56,863 --> 00:01:00,310 How come they call the squad for a DOA on a subway platform? 20 00:01:00,367 --> 00:01:02,540 Maybe it's a person of great renown. 21 00:01:02,602 --> 00:01:05,981 Maybe they thought we didn't have anything else to do. 22 00:01:06,773 --> 00:01:08,753 Come on, folks, let's go. 23 00:01:09,609 --> 00:01:10,644 You two the ones found the body? 24 00:01:10,711 --> 00:01:11,746 Yeah. 25 00:01:11,812 --> 00:01:12,813 Anybody see how it happened? 26 00:01:12,879 --> 00:01:13,880 Not so far. 27 00:01:13,947 --> 00:01:15,255 Cause of death? 28 00:01:15,315 --> 00:01:17,818 Paramedic's best guess is a cerebral hemorrhage. 29 00:01:17,884 --> 00:01:19,386 There's an abrasion on her scalp, 30 00:01:19,453 --> 00:01:21,194 maybe from a fall, maybe not. 31 00:01:21,254 --> 00:01:23,325 He figures she's been dead about two hours. 32 00:01:23,390 --> 00:01:24,528 Not much blood. 33 00:01:25,726 --> 00:01:26,796 You got an ID? 34 00:01:26,860 --> 00:01:29,101 M.E. gave us the green light to tag and bag. 35 00:01:29,162 --> 00:01:32,541 All I found were house keys, a MetroCard and some kinda receipt. 36 00:01:32,599 --> 00:01:33,669 No purse? 37 00:01:33,734 --> 00:01:35,736 If she had one, it's gone. 38 00:01:37,537 --> 00:01:39,278 ED: Well-dressed, nails done, 39 00:01:39,339 --> 00:01:40,943 she puts in an honest day's work 40 00:01:41,008 --> 00:01:43,181 and waits for the downtown local to go home. 41 00:01:43,243 --> 00:01:45,382 Yeah. She caught the express. 42 00:02:35,762 --> 00:02:39,471 Single blunt force trauma to the vertex of the skull. 43 00:02:39,533 --> 00:02:41,809 You know, it's hard to fall on the top of your head. 44 00:02:41,868 --> 00:02:43,814 The hemorrhage was at the point of impact. 45 00:02:43,870 --> 00:02:45,508 M.E. have any idea what was used? 46 00:02:45,572 --> 00:02:48,109 No. They found particles of cement 47 00:02:48,175 --> 00:02:50,018 and asphalt in her scalp. 48 00:02:50,110 --> 00:02:51,953 You mean, like one of those paving stones? 49 00:02:52,012 --> 00:02:53,650 Hey, they were workin' on the station. 50 00:02:53,713 --> 00:02:55,920 That's what was laying around. 51 00:02:56,249 --> 00:02:58,160 Looks like a hit-and-run. 52 00:02:58,218 --> 00:02:59,561 ED: All right. Thanks. 53 00:03:00,153 --> 00:03:02,190 No one's filed a report with missing persons 54 00:03:02,255 --> 00:03:03,563 fitting her description. 55 00:03:03,623 --> 00:03:05,296 Which could mean she was from out of town. 56 00:03:05,358 --> 00:03:06,996 Oh, that's just what we need. 57 00:03:07,060 --> 00:03:09,597 Female tourist beaten to death on the subway. 58 00:03:09,663 --> 00:03:12,109 Nah, she was dressed more like a business woman than a tourist. 59 00:03:12,165 --> 00:03:13,735 MetroCard ride history. 60 00:03:13,800 --> 00:03:16,110 Thanks. Let's see. 61 00:03:16,169 --> 00:03:19,742 Repeated evening entries at the station where the body was found. 62 00:03:20,307 --> 00:03:23,151 Corresponding morning entries at Franklin Street. 63 00:03:23,210 --> 00:03:24,848 So not a tourist. 64 00:03:25,245 --> 00:03:26,622 We'll canvas with the photo, 65 00:03:26,680 --> 00:03:29,320 see if somebody can tell us who she is. 66 00:03:31,184 --> 00:03:32,322 Sorry. 67 00:03:32,385 --> 00:03:34,194 Her MetroCard indicates 68 00:03:34,254 --> 00:03:36,427 that she came through here Tuesday morning. 69 00:03:36,490 --> 00:03:37,491 Sorry. 70 00:03:37,924 --> 00:03:39,335 Nothin' about her jumps out? 71 00:03:39,392 --> 00:03:40,393 Sorry. 72 00:03:40,460 --> 00:03:41,962 Is this the only entrance? 73 00:03:42,762 --> 00:03:44,070 For uptown service. 74 00:03:44,130 --> 00:03:45,905 Downtown, you have to go across the street. 75 00:03:47,033 --> 00:03:48,842 I know, you're sorry 76 00:03:53,206 --> 00:03:55,743 Excuse me, sir, you here every day? 77 00:03:56,042 --> 00:03:57,043 Rain or shine, boss. 78 00:03:57,110 --> 00:03:59,215 Do you recognize this woman? 79 00:03:59,613 --> 00:04:00,990 She don't look so good. 80 00:04:01,047 --> 00:04:03,049 Well, you'll have to forgive her. She's dead. 81 00:04:03,583 --> 00:04:04,994 Take a look. 82 00:04:05,218 --> 00:04:07,164 (EXHALES) If she's the lady I'm thinkin', 83 00:04:07,220 --> 00:04:11,100 she's a Wall Street Journal, a Times, New Yorker, Advocate. 84 00:04:11,158 --> 00:04:13,069 Advocate? A gay monthly. 85 00:04:13,226 --> 00:04:14,569 You notice which way she comes from? 86 00:04:14,628 --> 00:04:15,834 From 'cross the street. 87 00:04:15,896 --> 00:04:17,375 And if she's the same lady, 88 00:04:17,430 --> 00:04:19,034 she always had a cup of coffee. 89 00:04:19,099 --> 00:04:20,442 Thank you. 90 00:04:23,203 --> 00:04:24,238 Two? 91 00:04:24,304 --> 00:04:26,545 We're tryin' to put a name to this woman's face. 92 00:04:26,606 --> 00:04:28,244 We wanna know if she gets her morning coffee here. 93 00:04:28,308 --> 00:04:29,446 Sheila does the take-out. 94 00:04:29,509 --> 00:04:31,955 Sheila! Sheila! Come here a second. 95 00:04:33,280 --> 00:04:35,385 These police are lookin' for this broad. 96 00:04:35,448 --> 00:04:37,985 ED: We actually want to know if somebody recognizes her. 97 00:04:38,051 --> 00:04:39,553 Yeah, I know her. 98 00:04:39,619 --> 00:04:41,030 Comes in every morning for coffee. 99 00:04:41,087 --> 00:04:42,532 I haven't seen her in a few days. 100 00:04:42,589 --> 00:04:44,193 You know her name? No. 101 00:04:44,591 --> 00:04:45,626 What happened to her? 102 00:04:45,692 --> 00:04:47,330 BRISCOE: Do you know if she lived around here? 103 00:04:47,394 --> 00:04:48,702 You're not gonna tell me what happened? 104 00:04:49,229 --> 00:04:50,264 She died. 105 00:04:50,397 --> 00:04:53,537 Yeah, well, you can tell that from the picture. 106 00:04:54,668 --> 00:04:58,206 Another person I know gone. And this one had kids. 107 00:04:58,271 --> 00:04:59,341 How do you know that? 108 00:04:59,406 --> 00:05:01,443 Every other week she's in here with new pictures 109 00:05:01,508 --> 00:05:04,114 that she just picked up from next door. 110 00:05:04,177 --> 00:05:05,554 BRISCOE: Thanks. Yeah. 111 00:05:07,247 --> 00:05:08,988 Maybe ours, maybe not ours. 112 00:05:09,049 --> 00:05:11,655 What if somebody doesn't pick 'em up right away? 113 00:05:12,252 --> 00:05:13,492 In here. 114 00:05:26,132 --> 00:05:28,772 It's dated two weeks ago. The name on it's Donnatelli. 115 00:05:28,835 --> 00:05:30,906 Is there a first name or an account number? 116 00:05:30,971 --> 00:05:31,972 Only last name. 117 00:05:33,240 --> 00:05:34,446 Oh, it's her. 118 00:05:36,843 --> 00:05:37,947 There's a number six on the building. 119 00:05:38,845 --> 00:05:39,880 We're gonna need these. 120 00:05:40,247 --> 00:05:41,521 $12.41. 121 00:05:43,984 --> 00:05:45,088 I should pay? 122 00:05:49,689 --> 00:05:51,259 VAN BUREN: How we makin' out? 123 00:05:51,324 --> 00:05:54,134 BRISCOE: There's 17 Donnatellis listed in the book. 124 00:05:54,194 --> 00:05:56,037 None of them with an address in that neighborhood. 125 00:05:56,096 --> 00:05:58,804 Well, I don't care if we have to try her house keys door-to-door, 126 00:05:58,865 --> 00:06:01,072 when the Post runs that picture on the front page, 127 00:06:01,134 --> 00:06:02,670 we're gonna have a suspect. 128 00:06:02,736 --> 00:06:06,707 Well, apparently she takes an interest in gay periodicals. 129 00:06:06,773 --> 00:06:07,979 If that's significant. 130 00:06:08,041 --> 00:06:10,317 Hey, there's Stephanie Donnatelli. 131 00:06:10,377 --> 00:06:12,015 611 West 18th Street. 132 00:06:12,646 --> 00:06:14,387 Hey, there's the six in the photograph. 133 00:06:14,447 --> 00:06:16,427 ED: DMV faxed us drivers license photos 134 00:06:16,483 --> 00:06:18,929 of every female Donnatelli over 21. 135 00:06:20,253 --> 00:06:23,427 Hmm. If she lives on West 18th Street, 136 00:06:23,523 --> 00:06:25,867 why does she get the subway at Franklin? 137 00:06:25,925 --> 00:06:26,995 Good question. 138 00:06:27,060 --> 00:06:30,041 Maybe we should see who else lives at this address. 139 00:06:35,135 --> 00:06:36,375 (DOORBELL BUZZES) 140 00:06:36,436 --> 00:06:38,473 MAN: Yes? New York City detectives. 141 00:06:38,538 --> 00:06:40,415 Is this the home of Stephanie Donnatelli? 142 00:06:40,473 --> 00:06:43,044 PAUL: It's the home of her children and her ex-husband. 143 00:06:43,109 --> 00:06:44,144 Why? 144 00:06:44,210 --> 00:06:45,883 (STAMMERS) May we come up? 145 00:06:45,945 --> 00:06:47,583 (DOORBELL BUZZES) 146 00:06:48,515 --> 00:06:51,052 I wondered why I hadn't heard from her. 147 00:06:51,117 --> 00:06:53,859 She was supposed to take the kids to a matinée. 148 00:06:53,920 --> 00:06:55,695 ED: You didn't call? 149 00:06:59,025 --> 00:07:00,732 I figured she forgot. 150 00:07:01,361 --> 00:07:02,567 Even though it's not like her to forget, 151 00:07:02,629 --> 00:07:04,233 and I was pissed and surprised. 152 00:07:04,297 --> 00:07:07,039 I figured she had a lot going on at work. 153 00:07:07,667 --> 00:07:10,477 I didn't want to make a whole thing of it. 154 00:07:11,004 --> 00:07:12,506 I should have called. 155 00:07:12,572 --> 00:07:15,178 Steph never would've forgotten something involving the kids. 156 00:07:17,610 --> 00:07:18,714 Where did she work? 157 00:07:18,778 --> 00:07:21,850 She was a book editor at Arcade Publishing. 158 00:07:21,915 --> 00:07:23,690 They're at 23rd and Broadway. 159 00:07:24,284 --> 00:07:26,787 That's a block away from the subway. 160 00:07:27,654 --> 00:07:30,635 Look, I know that 161 00:07:31,324 --> 00:07:33,304 this is a lousy time to ask questions like this 162 00:07:33,360 --> 00:07:37,206 but we have to know who might have known your ex-wife. 163 00:07:37,263 --> 00:07:40,733 Now, can you tell us anything about her private affairs? 164 00:07:41,935 --> 00:07:43,972 You mean like her sex life? 165 00:07:44,104 --> 00:07:45,708 Anything at all. 166 00:07:47,874 --> 00:07:51,686 At the age of 30 Stephanie came to the conclusion she was gay. 167 00:07:53,913 --> 00:07:58,419 She still loved me, I still loved her, she adored her kids. 168 00:07:58,485 --> 00:08:01,227 We just needed to stop living together as husband and wife. 169 00:08:01,287 --> 00:08:02,561 Was she involved with anyone? 170 00:08:03,757 --> 00:08:06,067 She hasn't been for a long time. 171 00:08:06,526 --> 00:08:08,972 This last month or so she's called me up on the phone at night 172 00:08:09,029 --> 00:08:11,134 and we've talked and talked. 173 00:08:12,432 --> 00:08:15,709 And she's told me how... How lonely she is. (CRYING) 174 00:08:21,641 --> 00:08:22,881 We're really sorry for your loss. 175 00:08:22,942 --> 00:08:24,717 (SOBBING) Thank you. 176 00:08:25,912 --> 00:08:28,893 Can you think of anything she might've had with her? 177 00:08:28,948 --> 00:08:31,554 Jewelry, a watch, an address book? 178 00:08:31,851 --> 00:08:34,559 She had 179 00:08:36,456 --> 00:08:39,767 one of those funny watches, a Swatch watch, I think it is, 180 00:08:40,427 --> 00:08:42,429 with Winnie the Pooh on it. 181 00:08:42,829 --> 00:08:44,831 She had different pins, different bracelets, 182 00:08:44,898 --> 00:08:47,208 there wasn't one that she wore all the time. 183 00:08:47,267 --> 00:08:48,610 (STUTTERS) 184 00:08:50,403 --> 00:08:53,247 There was a cross that my mother gave her. 185 00:08:54,374 --> 00:08:55,910 A little gold cross 186 00:08:57,143 --> 00:08:59,384 that she did wear all the time. 187 00:09:03,783 --> 00:09:05,490 Yeah. We showed the photograph around some bars 188 00:09:05,552 --> 00:09:07,498 near where she lived, no one recognized her 189 00:09:07,554 --> 00:09:09,397 and the ex-husband says that wasn't her scene. 190 00:09:09,456 --> 00:09:12,232 So some nutcase goes after a woman with a paving stone. 191 00:09:12,292 --> 00:09:14,329 It's the Konchalavsky woman all over again. 192 00:09:14,394 --> 00:09:15,930 That guy went away, right? 193 00:09:15,995 --> 00:09:17,099 It's a copycat. 194 00:09:17,163 --> 00:09:18,733 Right. Thanks. 195 00:09:18,798 --> 00:09:21,438 Well, apparently even though she's dead her credit isn't. 196 00:09:21,501 --> 00:09:24,209 Somebody used her American Express card. 197 00:09:27,674 --> 00:09:28,812 You don't check IDs? 198 00:09:28,875 --> 00:09:31,321 Well, it's the cashier's responsibility to do that. 199 00:09:31,377 --> 00:09:33,653 I don't know what happened in this particular instance. 200 00:09:33,713 --> 00:09:37,388 The transaction record says the credit approval came in at 11:43. 201 00:09:37,450 --> 00:09:39,361 MANAGER: Okay. Fast-forwarding. 202 00:09:50,797 --> 00:09:53,778 I take it those persons don't have authorization to use that credit card? 203 00:09:54,133 --> 00:09:55,203 Ooh, you're good. 204 00:09:55,802 --> 00:09:57,145 I'll make a copy of the tape. 205 00:09:57,203 --> 00:09:59,046 No. We'll make a copy. 206 00:10:02,809 --> 00:10:04,811 We're sure the cashier didn't know them? 207 00:10:04,878 --> 00:10:07,119 We talked to her on the way out. She said no. 208 00:10:07,213 --> 00:10:08,385 Well, when you do find the girls, 209 00:10:08,448 --> 00:10:11,520 I want you to add a charge of felony bad taste. 210 00:10:11,784 --> 00:10:13,525 Wearing white after Labor Day. 211 00:10:13,586 --> 00:10:15,224 Someone just used the card again. 212 00:10:15,288 --> 00:10:17,325 Movie theater, 107th and Broadway. 213 00:10:21,928 --> 00:10:23,532 (ALL CHATTERING) 214 00:10:28,234 --> 00:10:29,679 How was the movie, ladies? 215 00:10:29,769 --> 00:10:30,770 Do I know you? 216 00:10:30,837 --> 00:10:31,872 No, but I know you. 217 00:10:31,938 --> 00:10:34,509 You're both under arrest for possession of stolen property. 218 00:10:34,574 --> 00:10:36,053 ED: Let's go. 219 00:10:36,876 --> 00:10:38,355 I found that card. 220 00:10:38,411 --> 00:10:41,585 Sure. And it just happened to be in the pocket of the woman it belonged to. 221 00:10:41,648 --> 00:10:42,683 (CLICKS TONGUE) Please. 222 00:10:42,749 --> 00:10:44,160 Let me break it down for you, sweetheart. 223 00:10:44,217 --> 00:10:47,198 That card belonged to a woman who is now dead. 224 00:10:47,554 --> 00:10:49,090 She was murdered on her way home from work. 225 00:10:49,155 --> 00:10:50,793 Hold up. We don't know nothing about that. 226 00:10:50,857 --> 00:10:53,303 Possession of a stolen credit card's a felony. 227 00:10:53,660 --> 00:10:55,162 If you didn't commit the murder yourselves, 228 00:10:55,228 --> 00:10:57,208 you're at least an accessory after the fact. 229 00:10:57,263 --> 00:10:59,106 Book 'em on that and take 'em up to Central. 230 00:10:59,165 --> 00:11:01,611 Hold up! Wait a minute! We didn't have... 231 00:11:01,668 --> 00:11:02,942 We have no choice. 232 00:11:03,202 --> 00:11:04,579 They're just messin' with us. 233 00:11:04,637 --> 00:11:06,480 ED: You think? (KNOCKING ON GLASS) 234 00:11:08,942 --> 00:11:11,013 What time's the next wagon leave for Central booking? 235 00:11:11,077 --> 00:11:12,351 In about 15 minutes. 236 00:11:12,412 --> 00:11:13,550 Add these two to the list. 237 00:11:13,613 --> 00:11:14,819 Wait a minute. Wait. Hold up. 238 00:11:14,881 --> 00:11:16,326 Darlene, don't you say nothin'. 239 00:11:16,382 --> 00:11:18,055 Look, I can't be gettin' put through this! 240 00:11:18,117 --> 00:11:20,529 I gotta be graduatin' junior college, I can't be gettin' put though this! 241 00:11:20,587 --> 00:11:22,066 Who gave you the card? 242 00:11:22,255 --> 00:11:24,166 Don't you say nothin', Darlene! 243 00:11:24,223 --> 00:11:25,531 Trey Wiles gave us that card. 244 00:11:27,493 --> 00:11:29,404 BRISCOE: Who's Trey Wiles? Her boyfriend. 245 00:11:29,462 --> 00:11:31,806 And he works in shipping on Seventh Avenue and 39th Street. 246 00:11:31,864 --> 00:11:34,276 She's a spiteful bitch! She know Trey ain't had nothin' to do with this! 247 00:11:35,068 --> 00:11:37,605 You still gonna put us on that wagon? 248 00:11:38,571 --> 00:11:40,346 MAN: Keep it comin'. 249 00:11:41,874 --> 00:11:43,478 Trey Wiles? Yeah? 250 00:11:43,776 --> 00:11:45,278 Put your hands behind your back, bro. 251 00:11:45,345 --> 00:11:46,688 Hey, what's up with this? 252 00:11:46,746 --> 00:11:48,783 Some questions came up about your credit rating. 253 00:11:48,848 --> 00:11:51,351 Yeah, we want to find out if you're eligible for the gold card. 254 00:11:51,417 --> 00:11:53,761 Yeah. Come on, man. My boss finds out about this, I'm gonna lose my job. 255 00:11:53,820 --> 00:11:55,458 Oh, you got bigger troubles than that, kid. 256 00:11:55,521 --> 00:11:57,501 The American Express card you gave Shantay 257 00:11:57,557 --> 00:11:59,298 belonged to a woman who was murdered. 258 00:11:59,359 --> 00:12:01,100 For real? Where'd you get it? 259 00:12:01,160 --> 00:12:02,867 Hey, look, man, don't know nothin' about no murder, man. 260 00:12:02,929 --> 00:12:04,704 Okay, here's the deal, Trey. 261 00:12:04,764 --> 00:12:06,505 If I have to put your ass in the back of this car, 262 00:12:06,566 --> 00:12:08,568 and drive down to the precinct, you're goin' upstate. 263 00:12:08,635 --> 00:12:11,377 So, you tell us who gave you the card 264 00:12:11,437 --> 00:12:14,145 and you just had a bad day and you're home by supper. 265 00:12:14,207 --> 00:12:16,778 All right. I'll tell you where I got it. 266 00:12:16,843 --> 00:12:18,652 I bought it. From who? 267 00:12:18,745 --> 00:12:19,780 Street dude. 268 00:12:19,846 --> 00:12:21,416 Street dude? What's his name? 269 00:12:21,481 --> 00:12:24,052 Raffi somethin' or somethin' Raffi, man. I don't know. 270 00:12:24,117 --> 00:12:25,357 He's a homeless dude. 271 00:12:25,418 --> 00:12:27,398 He lives in the shelter on 127. 272 00:12:27,453 --> 00:12:28,488 Comes around here every now and then. 273 00:12:28,554 --> 00:12:30,329 Sells stuff. That's all, man. 274 00:12:30,390 --> 00:12:32,563 You better hope he's sleepin' in today. 275 00:12:34,093 --> 00:12:36,664 Nah. He's under me. I'm the chief administrator here. 276 00:12:36,729 --> 00:12:39,608 We're lookin' for a certain guest of this establishment. 277 00:12:39,665 --> 00:12:40,871 A Raffi somethin'? 278 00:12:40,933 --> 00:12:42,071 Raffi Lorraine? 279 00:12:42,135 --> 00:12:44,376 Well, how many Raff I's you got? 280 00:12:47,407 --> 00:12:49,409 Ten beds back on the left. 281 00:12:57,183 --> 00:12:58,423 Raffi Lorraine? 282 00:12:58,484 --> 00:13:00,430 Come on, man, it ain't time yet. 283 00:13:00,486 --> 00:13:02,898 Early check out today. Come on. 284 00:13:02,955 --> 00:13:04,229 What did I do? 285 00:13:04,324 --> 00:13:05,962 ED: This your stuff? Yeah. 286 00:13:06,025 --> 00:13:07,060 You wanna take it with you? 287 00:13:07,126 --> 00:13:08,161 Where am I goin'? 288 00:13:08,227 --> 00:13:09,228 You're comin' for a ride with us, 289 00:13:09,295 --> 00:13:10,467 you wanna take it with you or not? 290 00:13:10,530 --> 00:13:12,237 If I don't, it won't be here when I get back. 291 00:13:12,298 --> 00:13:14,107 ED: You mind if I take a look? 292 00:13:14,167 --> 00:13:16,408 There's no weapons or anything? Anything that might hurt me? 293 00:13:16,469 --> 00:13:17,504 No. 294 00:13:20,606 --> 00:13:22,381 This yours? Yes, sir. 295 00:13:23,409 --> 00:13:25,218 BRISCOE: Buttons from the wrong side, chief. 296 00:13:25,411 --> 00:13:26,981 I'm not picky about such matters. 297 00:13:27,046 --> 00:13:28,582 ED: Where'd you find it? Garbage can. 298 00:13:28,781 --> 00:13:31,694 Now why would somebody throw away a beautiful coat like this, huh? 299 00:13:31,751 --> 00:13:34,288 RAFFI: People with money get tired of their clothes sometimes. 300 00:13:34,353 --> 00:13:37,163 They get tired of their gold crosses, too? 301 00:13:39,859 --> 00:13:41,896 Token clerk tells us you're a regular, Raffi. 302 00:13:41,961 --> 00:13:45,374 Yeah. And you're a real pain in the ass to all the passengers. 303 00:13:45,431 --> 00:13:47,308 I don't bother nobody! 304 00:13:47,400 --> 00:13:49,346 The woman that cross belonged to was beaten to death. 305 00:13:49,402 --> 00:13:50,437 Do you understand? 306 00:13:50,503 --> 00:13:51,573 I didn't do that. 307 00:13:51,637 --> 00:13:54,618 Hey, we got you on the subway platform 308 00:13:54,674 --> 00:13:56,881 and we got you with the victim's possessions. 309 00:13:56,943 --> 00:14:00,117 Now you have somethin' to say? Because the train's about to leave the station. 310 00:14:00,380 --> 00:14:01,654 I saw who killed her. 311 00:14:01,714 --> 00:14:03,193 BRISCOE: You sure it wasn't you? 312 00:14:03,249 --> 00:14:04,592 He was a black guy. 313 00:14:05,385 --> 00:14:08,525 Maybe 30, 40. One of them buggy guys goes off on you. 314 00:14:08,821 --> 00:14:11,563 Yeah? What did you see this buggy guy do? 315 00:14:11,691 --> 00:14:14,103 He was walkin' around, talkin' to himself. 316 00:14:14,160 --> 00:14:15,332 (IMITATES MUMBLING) 317 00:14:15,394 --> 00:14:17,840 Walkin' one end of the platform to the other. 318 00:14:17,897 --> 00:14:20,741 The train comes in, people get on, except for that guy. 319 00:14:20,800 --> 00:14:21,801 And you. 320 00:14:22,602 --> 00:14:24,479 I'm workin' that platform. 321 00:14:24,537 --> 00:14:25,845 I got garbage to go through. 322 00:14:25,905 --> 00:14:27,316 Okay. What did you see? 323 00:14:28,741 --> 00:14:31,051 This gal comes through the turnstile, 324 00:14:31,110 --> 00:14:33,249 stood near where the guy was, 325 00:14:33,846 --> 00:14:36,952 and all of a sudden he hits her with a rock! 326 00:14:37,717 --> 00:14:39,663 She walks a little ways away from him. 327 00:14:39,719 --> 00:14:42,632 She grabs her head, drops down to a bench 328 00:14:43,656 --> 00:14:47,729 and he walks over and he grabs her eye glasses off her 329 00:14:48,227 --> 00:14:50,468 and then he walks right out of the station. 330 00:14:50,763 --> 00:14:53,107 And you robbed whatever you could off the body. 331 00:14:53,366 --> 00:14:55,073 That is what I did. 332 00:14:55,134 --> 00:14:59,048 I'm not proud of myself for doin' it but that is all that I did! 333 00:15:01,340 --> 00:15:02,785 He knew about the paving stone. 334 00:15:02,842 --> 00:15:05,618 Which doesn't guarantee him not being the one who used it. 335 00:15:05,678 --> 00:15:08,318 His rap sheet's petty thefts and drugs. 336 00:15:08,614 --> 00:15:10,560 I think he's tellin' the truth. 337 00:15:10,616 --> 00:15:13,995 Okay. Well, why don't you run down this buggy black guy story. 338 00:15:14,053 --> 00:15:18,024 There was an EDP in the vicinity, maybe there was a complaint. 339 00:15:21,561 --> 00:15:22,596 Officer Carlson? 340 00:15:22,662 --> 00:15:23,697 Yeah. 341 00:15:23,763 --> 00:15:25,800 Detectives Green, Briscoe. 342 00:15:25,865 --> 00:15:27,742 Sarge told me you'd be comin' around. What's up? 343 00:15:27,800 --> 00:15:31,577 A few days ago you responded to an EDP in the subway. 344 00:15:32,271 --> 00:15:34,444 Yeah. Guy took a leak on the platform, 345 00:15:34,507 --> 00:15:35,952 female passenger took exception. 346 00:15:36,008 --> 00:15:37,214 No collar? 347 00:15:37,276 --> 00:15:39,517 Would've just been a summons. Why, what happened? 348 00:15:39,579 --> 00:15:41,217 You think you could ID him? 349 00:15:41,814 --> 00:15:42,884 What did he do? 350 00:15:42,949 --> 00:15:45,259 BRISCOE: We're lookin at him for a homicide. 351 00:15:45,318 --> 00:15:46,388 I don't believe it. 352 00:15:46,519 --> 00:15:47,520 Did you get a name? 353 00:15:48,754 --> 00:15:50,495 He wouldn't give us a name. 354 00:15:50,556 --> 00:15:53,162 We tried to take him to a shelter but he refused. 355 00:15:53,226 --> 00:15:56,230 Manager of an S.R.O. on Eighth Avenue owes me a favor, 356 00:15:56,529 --> 00:15:58,304 took him over there. 357 00:16:03,369 --> 00:16:04,905 (KNOCKING) 358 00:16:09,909 --> 00:16:11,684 Somebody's in there. 359 00:16:12,378 --> 00:16:15,086 New York City Police Department. Open up. 360 00:16:15,748 --> 00:16:17,091 Got a key? 361 00:16:22,021 --> 00:16:24,399 It's okay, it's okay. Take it easy. 362 00:16:24,457 --> 00:16:26,095 All right. Come on. We're gonna get you up now. 363 00:16:26,158 --> 00:16:27,865 Need to take you outta here. 364 00:16:27,927 --> 00:16:29,065 Where you takin' me? 365 00:16:29,128 --> 00:16:31,199 To the police department. We need to talk to you. 366 00:16:31,264 --> 00:16:32,607 I need to finish what I'm doing. 367 00:16:32,665 --> 00:16:35,145 Oh, you'll have plenty of time, don't worry. 368 00:16:38,704 --> 00:16:40,684 Where is he? Interrogation room. 369 00:16:40,873 --> 00:16:42,944 He's refusing to be fingerprinted. 370 00:16:43,009 --> 00:16:46,354 I figured we didn't want to force the issue, have him lawyer up. 371 00:16:46,412 --> 00:16:48,187 Okay. Thanks. You're welcome. 372 00:16:51,651 --> 00:16:53,028 Sir, my name is Abby Carmichael. 373 00:16:53,085 --> 00:16:55,087 I'm an Assistant District Attorney. 374 00:16:55,154 --> 00:16:59,125 I understand there's some problem with you letting us fingerprint you. 375 00:17:00,860 --> 00:17:01,895 Sir? 376 00:17:01,961 --> 00:17:03,440 (SCREAMS) 377 00:17:03,496 --> 00:17:05,442 Hey, hey, hey, hey! What ya doin'? 378 00:17:06,065 --> 00:17:08,170 He does that every so often. 379 00:17:13,606 --> 00:17:15,176 I need to go outside. 380 00:17:15,241 --> 00:17:16,413 Okay. Sure. 381 00:17:17,343 --> 00:17:19,584 But before you do, I want to talk to you for a little while. 382 00:17:19,645 --> 00:17:21,318 Is that all right? 383 00:17:21,480 --> 00:17:23,391 The air in here is bad. 384 00:17:24,483 --> 00:17:26,292 I need to go outside. 385 00:17:26,519 --> 00:17:28,760 Can you tell me where you got your glasses? 386 00:17:28,821 --> 00:17:30,300 I needed 'em. 387 00:17:30,590 --> 00:17:32,592 I couldn't see who was talkin' to me. 388 00:17:33,426 --> 00:17:35,133 Did you take them from the woman on the subway? 389 00:17:35,261 --> 00:17:39,334 I couldn't see who was talkin' to me so that's why I took 'em. 390 00:17:39,732 --> 00:17:41,769 Now I need to go outside. 391 00:17:41,834 --> 00:17:45,475 Before I can let you go outside I need to know who you are. 392 00:17:47,773 --> 00:17:50,686 I'm Regis Philbin. 393 00:17:52,011 --> 00:17:53,422 Is that your final answer? 394 00:17:54,413 --> 00:17:55,517 Okay. 395 00:17:56,382 --> 00:17:57,383 How about this? 396 00:17:58,117 --> 00:17:59,755 You let us fingerprint you. 397 00:17:59,819 --> 00:18:03,062 When the prints come back, they'll confirm you're Regis Philbin 398 00:18:03,122 --> 00:18:05,227 and then everyone will know. 399 00:18:05,558 --> 00:18:07,196 How's that sound? 400 00:18:15,334 --> 00:18:16,836 Brian Gallant. 401 00:18:17,003 --> 00:18:20,712 Three misdemeanor convictions, all involving some violence. 402 00:18:20,907 --> 00:18:23,251 He got out of Riker's a week ago. 403 00:18:23,409 --> 00:18:25,320 Tell me he didn't get bail. 404 00:18:25,378 --> 00:18:28,382 Court remanded him at his arraignment for a 730 exam. 405 00:18:29,315 --> 00:18:30,919 Is he competent? 406 00:18:31,350 --> 00:18:34,888 Assuming Regis Philbin and all the other nutsy stuff isn't an act, 407 00:18:34,954 --> 00:18:36,695 I'd say borderline. 408 00:18:36,822 --> 00:18:39,962 This also may not be the first attack he's responsible for. 409 00:18:40,026 --> 00:18:43,132 And do you remember the attack on that Konchalavsky woman last year? 410 00:18:43,195 --> 00:18:44,196 Don't tell me. 411 00:18:44,263 --> 00:18:45,970 Confessed, matches the composite. 412 00:18:46,065 --> 00:18:47,635 (SIGHS) Okay. 413 00:18:48,734 --> 00:18:51,943 I don't want to rely on the civil commitment to keep him off the streets. 414 00:18:52,004 --> 00:18:53,415 Find out who's doing his evaluation. 415 00:18:53,472 --> 00:18:55,713 Make sure we talk to them before they write their report. 416 00:18:55,775 --> 00:18:56,776 Got it. 417 00:18:56,842 --> 00:18:58,116 Then let's talk to his lawyer. 418 00:18:58,177 --> 00:18:59,281 Okay. 419 00:19:03,349 --> 00:19:05,556 You have no forensics linking him to the crime. 420 00:19:05,618 --> 00:19:07,859 He was in possession of the victim's eye glasses. 421 00:19:07,920 --> 00:19:09,456 Somebody else had the victim's coat. 422 00:19:09,522 --> 00:19:11,468 Somebody else had the victim's credit card. 423 00:19:11,524 --> 00:19:13,026 We also have a witness. 424 00:19:13,092 --> 00:19:16,505 A homeless drug addict with a criminal record from here to Bayonne. 425 00:19:16,562 --> 00:19:19,600 Mr. Gallant made admissions to two separate attacks. 426 00:19:19,665 --> 00:19:23,943 Counselors, we all know he wasn't competent to waive counsel. 427 00:19:24,003 --> 00:19:25,983 The psychiatrist thinks he is competent. 428 00:19:26,038 --> 00:19:28,678 Sure, they shovel medication into him, he's competent. 429 00:19:28,741 --> 00:19:30,584 He killed the mother of two children. 430 00:19:30,643 --> 00:19:32,748 Doesn't that enter into this for you? 431 00:19:34,980 --> 00:19:35,981 What are you looking for? 432 00:19:36,615 --> 00:19:37,923 Manslaughter first degree. 433 00:19:38,684 --> 00:19:40,391 Because that's what you think he's guilty of 434 00:19:40,453 --> 00:19:41,989 or it looks good on your résumé? 435 00:19:42,154 --> 00:19:43,189 You're kidding, right? 436 00:19:43,255 --> 00:19:45,132 Tell me he's not insane, Jack. 437 00:19:45,191 --> 00:19:48,400 I'll tell you you're not getting him off based on that. 438 00:19:48,461 --> 00:19:50,498 He stole property and ran. 439 00:19:50,596 --> 00:19:53,475 And flight's the one indicator juries love to rely on 440 00:19:53,532 --> 00:19:55,205 when they reject an insanity defense. 441 00:19:55,267 --> 00:19:57,178 So it doesn't matter whether or not he's insane. 442 00:19:57,236 --> 00:20:00,012 What matters most is he doesn't get to do this again. 443 00:20:00,339 --> 00:20:02,012 Look at him, guys. 444 00:20:03,142 --> 00:20:07,386 That's the master criminal you're looking to unleash your prosecutorial zeal on. 445 00:20:07,446 --> 00:20:09,357 There's a ten-year-old and an eight-year-old 446 00:20:09,415 --> 00:20:12,055 who just found out they don't have a mother anymore. 447 00:20:12,118 --> 00:20:13,688 Maybe you'd like to come take a look at them. 448 00:20:16,756 --> 00:20:18,702 Anything less than Man One possible? 449 00:20:18,758 --> 00:20:20,237 Man One's it. 450 00:20:24,797 --> 00:20:25,867 (SIGHS) 451 00:20:31,270 --> 00:20:33,716 Your Honor, I'm handing up the psychiatric report 452 00:20:33,773 --> 00:20:37,687 confirming this defendant's competency to enter a plea of guilty 453 00:20:37,877 --> 00:20:41,017 to Manslaughter in the First Degree in the death of Stephanie Donnatelli 454 00:20:41,080 --> 00:20:42,354 and Assault in the First Degree 455 00:20:42,415 --> 00:20:45,521 arising out of an attack on Nadine Konchalavsky. 456 00:20:46,185 --> 00:20:49,064 You're satisfied with this report, Mr. Jordan? 457 00:20:49,121 --> 00:20:50,361 Yes, I am, Your Honor. 458 00:20:50,423 --> 00:20:51,663 Very well. 459 00:20:51,824 --> 00:20:55,237 Mr. Gallant, you understand that by pleading guilty 460 00:20:55,294 --> 00:20:59,071 you will be sentenced to a period of 10 to 20 years. 461 00:21:00,099 --> 00:21:01,169 Yes. 462 00:21:01,700 --> 00:21:04,874 JUDGE MIZENER: Did you kill Stephanie Donnatelli? 463 00:21:08,007 --> 00:21:10,317 I need you to answer for the stenographer. 464 00:21:11,043 --> 00:21:12,181 Yes. 465 00:21:12,244 --> 00:21:15,248 Did you attack Nadine Konchalavsky? 466 00:21:15,781 --> 00:21:16,953 GALLANT: Yes. 467 00:21:17,016 --> 00:21:19,292 Can you tell us why you committed these crimes? 468 00:21:21,587 --> 00:21:22,930 No reason. 469 00:21:25,257 --> 00:21:27,259 (SIGHS) Mr. McCoy, 470 00:21:27,693 --> 00:21:30,071 I assume a motion to vacate the charges 471 00:21:30,129 --> 00:21:33,167 against the individual currently incarcerated 472 00:21:33,599 --> 00:21:36,739 for the attack on Miss Konchalavsky has been filed. 473 00:21:36,902 --> 00:21:37,937 It has, Your Honor. 474 00:21:38,003 --> 00:21:40,574 He'll be released as soon as I let Corrections know that we're done. 475 00:21:40,639 --> 00:21:41,640 We're done. 476 00:21:41,974 --> 00:21:43,112 We're done? 477 00:21:44,877 --> 00:21:46,584 Please, Mr. Donnatelli. 478 00:21:48,080 --> 00:21:51,254 You guys declare yourselves done and they're done. 479 00:21:51,984 --> 00:21:53,759 You say the one and only person responsible 480 00:21:53,819 --> 00:21:56,197 for Steph getting killed is this lunatic, 481 00:21:56,422 --> 00:21:58,129 you put a line through it on your list 482 00:21:58,190 --> 00:22:00,602 and then you pat yourselves on the back! 483 00:22:00,659 --> 00:22:02,605 JUDGE MIZENER: Mr. Donnatelli, I understand you're upset, 484 00:22:02,661 --> 00:22:06,199 but this isn't the time or place to address these things. 485 00:22:06,265 --> 00:22:09,576 Tell me what is the time and place and I'll be there! 486 00:22:10,302 --> 00:22:11,940 Tell me when you're gonna hold someone accountable 487 00:22:12,004 --> 00:22:14,211 for turning him loose on Steph 488 00:22:16,942 --> 00:22:18,615 and I'll be there. 489 00:22:26,285 --> 00:22:27,286 He did a year. 490 00:22:27,353 --> 00:22:28,832 JACK: Misdemeanor assault. 491 00:22:29,455 --> 00:22:32,925 He was released the night before he killed Stephanie Donnatelli. 492 00:22:33,192 --> 00:22:36,230 CARMICHAEL: He was dropped off at the Queens Borough Plaza subway station 493 00:22:36,295 --> 00:22:39,105 at midnight with a token and a dollar and a half. 494 00:22:39,398 --> 00:22:40,570 Who made that call? 495 00:22:40,633 --> 00:22:42,169 CARMICHAEL: Standard operating procedure. 496 00:22:42,234 --> 00:22:45,579 We know from his medical chart that he made 11 visits to the jail's clinic, 497 00:22:45,638 --> 00:22:50,610 which means it's a safe bet someone knew something about his mental condition. 498 00:22:50,676 --> 00:22:53,316 Yeah. What did they know and when did they know it? 499 00:22:53,679 --> 00:22:58,958 Still, it's a long way from civil negligence to criminal liability. 500 00:22:59,451 --> 00:23:00,691 Yes, it is. 501 00:23:00,753 --> 00:23:04,860 Well, before we go after the Department of Corrections or Psychiatric Services 502 00:23:04,924 --> 00:23:06,870 or whoever it is who's responsible for this, 503 00:23:06,926 --> 00:23:08,633 I'd like to know we have a chance at winning. 504 00:23:08,794 --> 00:23:12,003 We have some work to do before you make that call. 505 00:23:14,500 --> 00:23:16,673 CARMICHAEL: These are the inmates treated at Riker's clinic 506 00:23:16,735 --> 00:23:18,715 in the first six months of last year. 507 00:23:18,771 --> 00:23:21,547 These are the inmates treated in the last six months. 508 00:23:21,607 --> 00:23:22,642 Quite a disparity. 509 00:23:22,708 --> 00:23:26,178 That's because they stopped referring prisoners to hospitals. 510 00:23:26,478 --> 00:23:27,479 Why? 511 00:23:27,546 --> 00:23:30,789 Six months ago the city privatized medical treatment at Riker's. 512 00:23:31,183 --> 00:23:32,526 An HMO for inmates. 513 00:23:34,119 --> 00:23:39,467 They gave a managed care contract to a company called SMJ Medical Services. 514 00:23:40,225 --> 00:23:43,468 SMJ gets a monthly bonus when it holds down costs. 515 00:23:43,529 --> 00:23:46,271 Which it does by not sending inmates to hospitals. 516 00:23:46,332 --> 00:23:49,336 Which is why Brian Gallant was never referred. 517 00:23:52,671 --> 00:23:54,275 JACK: Leon Greg 518 00:23:55,307 --> 00:23:56,718 Thirty-four. 519 00:23:57,042 --> 00:23:58,453 He was awaiting trial for robbery 520 00:23:58,510 --> 00:24:01,923 and his weight dropped 30 pounds in less than two months. 521 00:24:01,981 --> 00:24:04,427 Your medical treatment consisted of giving him an aspirin. 522 00:24:04,483 --> 00:24:08,397 Whoa, whoa, whoa, whoa. This is the Chief Executive Officer of the company. 523 00:24:08,454 --> 00:24:10,593 Our understanding is not that you're here to conduct 524 00:24:10,656 --> 00:24:13,569 an open-ended inquiry into inmate diagnosis. 525 00:24:13,859 --> 00:24:17,466 In the past six months, four inmates have died at the Riker's clinic, 526 00:24:17,529 --> 00:24:19,702 three without ever seeing the inside of a hospital. 527 00:24:19,765 --> 00:24:22,769 Those six months correspond to the period SMJ was hired 528 00:24:22,835 --> 00:24:25,145 to oversee the jail's medical services. 529 00:24:25,204 --> 00:24:26,444 That's not fair. 530 00:24:27,373 --> 00:24:28,977 Are the terms of your client's contract 531 00:24:29,041 --> 00:24:30,520 such that he receives a bonus 532 00:24:30,576 --> 00:24:32,715 for denying a prisoner access to a hospital? 533 00:24:32,778 --> 00:24:34,257 Absolutely not. 534 00:24:34,313 --> 00:24:36,623 He receives a certain amount of incentive pay 535 00:24:36,682 --> 00:24:38,593 for successfully meeting targets. 536 00:24:38,651 --> 00:24:41,894 An arrangement recently upheld by the United States Supreme Court, by the way. 537 00:24:41,954 --> 00:24:44,195 Is it your reading of Pegram v. Herdrich 538 00:24:44,256 --> 00:24:48,068 that people like Brian Gallant can get released without warning the authorities, 539 00:24:48,127 --> 00:24:49,470 without follow-up care? 540 00:24:49,528 --> 00:24:52,600 Mr. Gallant had served his time. My client had no choice. 541 00:24:52,665 --> 00:24:55,509 Unless he was aware of the danger Gallant posed. 542 00:24:55,567 --> 00:24:58,776 I've reviewed the procedures followed in Mr. Gallant's case. 543 00:24:58,837 --> 00:25:03,411 I believe they were, in all respects, correctly implemented. 544 00:25:06,311 --> 00:25:07,756 Doctor's prescription? 545 00:25:07,813 --> 00:25:09,292 Jessie Dobbs? 546 00:25:10,149 --> 00:25:11,924 Is there some place we can talk? 547 00:25:11,984 --> 00:25:13,019 What about? 548 00:25:13,652 --> 00:25:14,960 Brian Gallant? 549 00:25:15,220 --> 00:25:16,528 I've got nothing to say. 550 00:25:18,423 --> 00:25:20,096 You were his case manager. 551 00:25:20,159 --> 00:25:22,833 You were transferred here the day after he was arrested. 552 00:25:22,895 --> 00:25:24,397 That's a Grand Jury subpoena, Ms. Dobbs. 553 00:25:24,463 --> 00:25:27,205 Now, we can either do this here or there. 554 00:25:36,442 --> 00:25:37,887 What do you want? 555 00:25:37,943 --> 00:25:39,183 I want to know who made the decision 556 00:25:39,244 --> 00:25:40,951 for Brian Gallant to be released. 557 00:25:41,013 --> 00:25:44,017 Miss, I am a little person working for a big company. 558 00:25:44,083 --> 00:25:45,687 It's a simple question. 559 00:25:45,751 --> 00:25:47,287 You were at Riker's at the time. 560 00:25:47,352 --> 00:25:49,354 And I'm not at Riker's anymore, am I? 561 00:25:50,322 --> 00:25:52,700 Were you sent here to keep you away from an investigation? 562 00:25:57,963 --> 00:25:59,271 You'd have to ask them that. 563 00:25:59,331 --> 00:26:01,868 If it was your decision to release him without meds, 564 00:26:01,934 --> 00:26:03,743 I can understand how they might want to make sure 565 00:26:03,802 --> 00:26:05,042 you didn't make the same mistake twice. 566 00:26:05,103 --> 00:26:06,480 It wasn't my decision. 567 00:26:06,538 --> 00:26:08,575 Then whose decision was it? 568 00:26:12,044 --> 00:26:13,990 JACK: According to Jessie Dobbs, 569 00:26:14,046 --> 00:26:17,425 you were the doctor responsible for the treatment of inmates at Riker's. 570 00:26:17,483 --> 00:26:19,258 I oversaw the clinic. 571 00:26:19,318 --> 00:26:23,130 CARMICHAEL: So for over a year Brian Gallant was your patient. 572 00:26:25,124 --> 00:26:26,831 I had limited contact with him, 573 00:26:26,892 --> 00:26:28,838 but technically, I guess I was his doctor. 574 00:26:28,894 --> 00:26:29,895 Technically? 575 00:26:30,329 --> 00:26:32,309 I'm only at Riker's twice a week. 576 00:26:32,364 --> 00:26:35,538 Most of his visits were handled by his case manager. 577 00:26:35,601 --> 00:26:37,877 Are you suggesting a physician's assistant's 578 00:26:37,936 --> 00:26:40,075 qualified to diagnose his mental condition? 579 00:26:40,139 --> 00:26:43,348 I didn't hear the word "qualified" in what he said. 580 00:26:43,842 --> 00:26:46,652 He's describing his contact with the patient. 581 00:26:46,712 --> 00:26:49,522 It's his lack of contact that concerns us. 582 00:26:49,982 --> 00:26:52,724 Eleven visits over a year's time, Doctor. 583 00:26:53,085 --> 00:26:56,430 On three occasions Miss Dobb's notes indicate 584 00:26:56,488 --> 00:26:59,799 Gallant was complaining of hearing voices, having hallucinations. 585 00:27:00,626 --> 00:27:02,128 I gave him medication. 586 00:27:02,194 --> 00:27:03,867 But you never had him evaluated. 587 00:27:04,196 --> 00:27:05,641 Don't respond. 588 00:27:05,697 --> 00:27:06,698 JACK: You're lawyer's right. 589 00:27:07,032 --> 00:27:08,875 Save your explanation for a jury. 590 00:27:09,167 --> 00:27:11,147 On what charge? Manslaughter. 591 00:27:11,203 --> 00:27:14,650 If he was aware of the danger Gallant posed and recklessly ignored it. 592 00:27:15,807 --> 00:27:17,980 Do you know how many inmates I see on any given day? 593 00:27:18,143 --> 00:27:19,213 How many? 594 00:27:19,344 --> 00:27:20,345 Don't respond. 595 00:27:20,412 --> 00:27:22,289 They want to try to get an indictment, let them. 596 00:27:22,347 --> 00:27:24,020 What are you nuts? 597 00:27:27,920 --> 00:27:30,764 Look, I did the best I could. 598 00:27:32,291 --> 00:27:36,637 I was paying off medical school loans, a mortgage, I have two kids. 599 00:27:37,296 --> 00:27:38,969 Doesn't excuse what you did, Doctor. 600 00:27:39,031 --> 00:27:41,671 I wasn't allowed to have him evaluated! 601 00:27:42,467 --> 00:27:43,810 You were told that? 602 00:27:44,536 --> 00:27:47,346 Andrews fired a doctor for making too many referrals. 603 00:27:48,073 --> 00:27:49,882 Same day he calls me in, 604 00:27:49,942 --> 00:27:51,683 he asks if I heard about the firing 605 00:27:51,743 --> 00:27:55,691 and if I was familiar with SMJ's policy limiting referrals. 606 00:27:56,281 --> 00:27:59,194 He told me he hoped I didn't make the same mistake. 607 00:28:01,753 --> 00:28:04,791 This is a very courageous man you have sitting here. 608 00:28:04,857 --> 00:28:07,064 I assume we'll be able to work something out. 609 00:28:07,125 --> 00:28:10,402 If he testifies his job was threatened, there won't be any charges 610 00:28:10,929 --> 00:28:14,570 I will ask him to surrender his medical license for a year. 611 00:28:14,700 --> 00:28:16,680 That's not right, that's not right. 612 00:28:16,735 --> 00:28:19,579 He took an oath. And it wasn't to an HMO. 613 00:28:19,638 --> 00:28:22,585 He was doing the best he could under the circumstances. 614 00:28:22,641 --> 00:28:23,745 Stop. 615 00:28:28,847 --> 00:28:30,554 CARMICHAEL: Brian Gallant was kept sedated 616 00:28:30,615 --> 00:28:33,824 without ever being referred out for treatment or evaluation. 617 00:28:33,886 --> 00:28:36,457 Was SMJ aware of the danger he posed to the public? 618 00:28:36,521 --> 00:28:37,727 Dr. Sanders will testify 619 00:28:37,789 --> 00:28:40,429 that Phillip Andrews fired another doctor at Riker's 620 00:28:40,492 --> 00:28:42,597 for excessive hospital referrals 621 00:28:42,894 --> 00:28:45,397 and then threatened to fire him if he did the same thing. 622 00:28:45,464 --> 00:28:47,705 Which, of course, Phillip Andrews will deny doing. 623 00:28:48,534 --> 00:28:51,310 If it comes down to credibility, I think we're in good shape. 624 00:28:52,104 --> 00:28:54,641 Nah. It comes down to more than that. 625 00:28:55,574 --> 00:28:58,851 If we go in there and start taking pot shots at HMOs, 626 00:28:58,910 --> 00:29:02,653 first of all, you're flying in the face of Pegram v. Herdrich 627 00:29:03,048 --> 00:29:05,460 and then secondly, what if we prevail? 628 00:29:05,517 --> 00:29:07,588 I mean, what does that do to a healthcare system 629 00:29:07,953 --> 00:29:10,456 that depends on HMOs to provide their treatment? 630 00:29:10,722 --> 00:29:13,066 You're not suggesting we give them a free pass because of that? 631 00:29:13,926 --> 00:29:18,102 No. I'm suggesting we look at the fallout that's likely to ensue. 632 00:29:19,164 --> 00:29:22,407 And be sure and differentiate the conduct of this HMO 633 00:29:22,467 --> 00:29:24,970 from the conduct of HMOs in general. 634 00:29:25,203 --> 00:29:29,879 That said, I'd like nothing better than to hang their heads on our wall. 635 00:29:33,879 --> 00:29:35,552 Phillip Andrews? Yes? 636 00:29:35,614 --> 00:29:38,959 You're under arrest for manslaughter in the death of Stephanie Donnatelli. 637 00:29:39,017 --> 00:29:40,826 Manslaughter? What is this? A prank? 638 00:29:40,886 --> 00:29:41,956 No prank. 639 00:29:42,020 --> 00:29:44,193 Then there's been a big fat mistake. 640 00:29:44,256 --> 00:29:46,236 Get your commanding officer on the phone. 641 00:29:46,291 --> 00:29:48,601 I want to hear from him that I should be arrested. 642 00:29:48,660 --> 00:29:49,764 On your feet, pal. 643 00:29:49,828 --> 00:29:53,037 Your coverage doesn't provide for a second opinion. 644 00:29:56,101 --> 00:29:57,876 Brian Gallant was a patient at the clinic 645 00:29:57,936 --> 00:30:00,143 throughout his incarceration at Riker's Island? 646 00:30:00,339 --> 00:30:02,114 Yes For what complaint? 647 00:30:02,641 --> 00:30:06,953 He originally presented with periodic auditory command hallucinations, 648 00:30:07,012 --> 00:30:08,491 some delusional behavior. 649 00:30:08,547 --> 00:30:09,753 What was done for him? 650 00:30:09,815 --> 00:30:12,989 He was given varying doses of Halcion, Ativan, and Valium. 651 00:30:13,051 --> 00:30:15,998 Was he ever referred to a psychiatric hospital for evaluation? 652 00:30:16,054 --> 00:30:17,055 No. 653 00:30:17,122 --> 00:30:18,362 Why not? 654 00:30:18,990 --> 00:30:22,130 Mr. Gallant didn't meet the criteria established by my employer 655 00:30:22,194 --> 00:30:24,037 for a psychiatric referral. 656 00:30:24,563 --> 00:30:25,974 Which criteria were those? 657 00:30:26,031 --> 00:30:29,205 Mr. Gallant was controllable with medication. 658 00:30:30,001 --> 00:30:31,981 If I made the referral, I'd have been fired. 659 00:30:32,037 --> 00:30:34,313 Objection. Introduces facts not in evidence. 660 00:30:34,406 --> 00:30:35,749 Overruled. 661 00:30:36,141 --> 00:30:37,552 JACK: Why do you say you would've been fired? 662 00:30:37,609 --> 00:30:39,247 Objection. Calls for speculation. 663 00:30:39,311 --> 00:30:42,053 Overruled. You're annoying me, Mr. Axtell. 664 00:30:42,347 --> 00:30:44,122 Another physician at the clinic 665 00:30:44,182 --> 00:30:48,324 had referred an inmate under a similar situation and was terminated. 666 00:30:48,387 --> 00:30:51,459 Phillip Andrews warned me not to make the same mistake. 667 00:30:51,523 --> 00:30:53,298 JACK: What was your last contact 668 00:30:53,358 --> 00:30:55,964 with Mr. Gallant prior to his release? 669 00:30:56,428 --> 00:30:59,500 SANDERS: That would've been on September 8th. 670 00:30:59,564 --> 00:31:01,601 What, if anything, transpired on that occasion? 671 00:31:02,667 --> 00:31:04,613 I gave him his medication. 672 00:31:05,504 --> 00:31:08,974 September 8th was four days before Mr. Gallant's release. 673 00:31:09,274 --> 00:31:10,275 Yes. 674 00:31:10,342 --> 00:31:12,288 Was he examined on the day of his release? 675 00:31:12,344 --> 00:31:13,414 SANDERS: No. 676 00:31:13,478 --> 00:31:17,858 Was he given any medication for him to take subsequent to his release? 677 00:31:18,216 --> 00:31:19,251 No. 678 00:31:19,317 --> 00:31:20,796 Why was that? 679 00:31:21,420 --> 00:31:23,559 He wasn't SMJ's problem anymore. 680 00:31:23,622 --> 00:31:24,623 Objection. 681 00:31:24,689 --> 00:31:26,134 That's sustained. 682 00:31:28,360 --> 00:31:29,498 Nothing further. 683 00:31:30,128 --> 00:31:32,404 AXTELL: Dr. Sanders, to the best of your knowledge 684 00:31:32,464 --> 00:31:35,741 Phillip Andrews is not, himself, a doctor, isn't that right? 685 00:31:36,201 --> 00:31:37,839 I don't believe he is, no. 686 00:31:37,903 --> 00:31:39,507 So, you understood, did you not, 687 00:31:39,571 --> 00:31:42,552 that he relied on the determinations of doctors, 688 00:31:42,874 --> 00:31:45,480 such as yourself, to assess treatment? 689 00:31:45,710 --> 00:31:46,745 Yes. 690 00:31:49,314 --> 00:31:53,194 Did you ever tell him you believed Brian Gallant to be psychotic? 691 00:31:53,251 --> 00:31:54,321 No, I didn't. 692 00:31:54,519 --> 00:31:55,554 No. 693 00:31:57,355 --> 00:32:00,427 Did you ever tell him Brian Gallant constituted a threat 694 00:32:00,492 --> 00:32:01,732 to himself or others? 695 00:32:01,793 --> 00:32:02,794 No. 696 00:32:03,462 --> 00:32:04,805 Was that information on his chart? 697 00:32:04,863 --> 00:32:05,898 No. 698 00:32:05,964 --> 00:32:08,945 Was he supposed to sense it from crystals or magical beans? 699 00:32:09,000 --> 00:32:10,035 Objection. 700 00:32:10,102 --> 00:32:11,274 JUDGE MIZENER: Sustained. 701 00:32:12,371 --> 00:32:15,284 Wasn't it your responsibility, Doctor, to tell him? 702 00:32:15,340 --> 00:32:16,751 He wanted me to take care of it 703 00:32:16,808 --> 00:32:19,220 the cheapest way possible. Period! 704 00:32:20,612 --> 00:32:23,855 The State Board of review has revoked your license 705 00:32:23,915 --> 00:32:26,122 to practice medicine, isn't that so, Doctor? 706 00:32:28,019 --> 00:32:29,020 Yes. 707 00:32:30,322 --> 00:32:32,199 I'll bet you got somebody else to blame for that, too. 708 00:32:32,257 --> 00:32:33,861 JACK: Objection. 709 00:32:34,693 --> 00:32:36,036 Withdrawn. 710 00:32:42,701 --> 00:32:46,478 I hear these voices inside my head. 711 00:32:48,006 --> 00:32:50,350 Sometimes it's worse than other times. 712 00:32:50,408 --> 00:32:53,446 How was it during the time you were incarcerated on Riker's Island? 713 00:32:53,812 --> 00:32:54,813 Bad. 714 00:32:54,913 --> 00:32:57,621 Did you bring that to the attention of the prison doctor? 715 00:32:57,682 --> 00:32:58,752 Yes. 716 00:32:58,817 --> 00:32:59,887 What did he do? 717 00:33:01,586 --> 00:33:02,724 Gave me medicine. 718 00:33:03,555 --> 00:33:05,796 Were you ever examined by a psychiatrist? 719 00:33:06,258 --> 00:33:07,601 GALLANT: No. 720 00:33:07,659 --> 00:33:11,004 Did you ever ask to be examined by a psychiatrist? 721 00:33:11,830 --> 00:33:14,743 I told 'em I was havin' trouble with voices. 722 00:33:15,567 --> 00:33:18,207 I told 'em it was keepin' me up nights. 723 00:33:19,337 --> 00:33:21,578 My bad uncle and my good uncle. 724 00:33:22,440 --> 00:33:25,546 Sayin' about bringin' the car down from Yonkers. 725 00:33:26,111 --> 00:33:29,285 I said I ain't bringin' no car down from Yonkers. 726 00:33:29,614 --> 00:33:31,093 That's right. 727 00:33:32,484 --> 00:33:34,623 On the day you were released, 728 00:33:35,220 --> 00:33:36,858 were you given any medication? 729 00:33:38,690 --> 00:33:39,725 No. 730 00:33:41,893 --> 00:33:43,930 Thank you. Nothing further. 731 00:33:44,229 --> 00:33:45,674 (LAUGHS) 732 00:33:49,100 --> 00:33:50,101 (AXTELL CLEARS THROAT) 733 00:33:50,869 --> 00:33:52,906 What did you do with the token they gave you? 734 00:33:53,538 --> 00:33:54,608 Used it. 735 00:33:54,673 --> 00:33:56,812 Used it to go into Manhattan? 736 00:33:56,942 --> 00:34:00,856 Where you hit a woman over the head with a paving stone and killed her. 737 00:34:03,281 --> 00:34:04,453 I'm sorry. 738 00:34:04,516 --> 00:34:07,156 Oh, I know you say you're sorry, but... 739 00:34:07,419 --> 00:34:09,194 You did know what you were doing, didn't you, Mr. Gallant? 740 00:34:09,254 --> 00:34:10,289 Objection. Irrelevant. 741 00:34:10,355 --> 00:34:13,234 This man's state of mind is what my client is on trial for, Your Honor. 742 00:34:13,291 --> 00:34:14,793 No, Counselor. 743 00:34:14,893 --> 00:34:18,340 Your client is on trial for what he allegedly did. 744 00:34:18,430 --> 00:34:21,036 I will allow you some leeway on cross. 745 00:34:21,599 --> 00:34:24,239 AXTELL: On the day you pled guilty to manslaughter, Mr. Gallant, 746 00:34:24,302 --> 00:34:27,340 did you or did you not, in front of this same judge, 747 00:34:27,405 --> 00:34:32,411 say that you were the person responsible for the death of Stephanie Donnatelli? 748 00:34:33,211 --> 00:34:34,281 Yes. 749 00:34:36,982 --> 00:34:38,256 I'm done. 750 00:34:38,817 --> 00:34:40,490 JACK: Redirect, Your Honor. 751 00:34:42,654 --> 00:34:46,466 Mr. Gallant, can you tell us why you committed this horrible crime? 752 00:34:47,559 --> 00:34:49,038 My bad uncle. 753 00:34:49,294 --> 00:34:51,331 Your bad uncle told you to? 754 00:34:52,197 --> 00:34:53,267 Yes. 755 00:34:55,100 --> 00:34:56,943 Does he talk to you all the time? 756 00:34:57,969 --> 00:34:59,004 No. 757 00:34:59,771 --> 00:35:01,580 When doesn't he talk to you? 758 00:35:02,874 --> 00:35:04,854 When I take my medicine. 759 00:35:05,510 --> 00:35:07,512 Then he stays in Yonkers. 760 00:35:12,417 --> 00:35:14,328 I have nothing further. 761 00:35:17,255 --> 00:35:19,701 Three weeks ago we said Brian Gallant was responsible, 762 00:35:19,758 --> 00:35:23,831 now we seem to be saying someone else is responsible, that's gotta hurt us. 763 00:35:23,895 --> 00:35:27,308 He was found competent by a court-appointed psychiatrist. 764 00:35:27,365 --> 00:35:29,402 And if that psychiatrist hadn't found him competent, 765 00:35:29,467 --> 00:35:30,844 I would've found another one who did. 766 00:35:30,902 --> 00:35:32,404 It's called prosecuting. 767 00:35:32,737 --> 00:35:35,274 In any event, this one could go either way. 768 00:35:35,340 --> 00:35:38,947 You have a defendant responsible for sending a dangerous psychotic 769 00:35:39,010 --> 00:35:41,456 out among the citizens of New York. 770 00:35:42,047 --> 00:35:45,961 Whatever excuses he has, whatever excuses the two of you have, 771 00:35:46,284 --> 00:35:47,661 now that you've gone after him, 772 00:35:47,719 --> 00:35:49,096 I want you to run him to ground. 773 00:35:56,728 --> 00:36:00,039 SMJ ls a for-profit company. I'm not ashamed to admit that. 774 00:36:00,098 --> 00:36:02,374 But at no time did I ever allow finances 775 00:36:02,434 --> 00:36:05,278 to dictate the course of medical treatment. 776 00:36:06,738 --> 00:36:09,218 To what do you attribute the decline in hospital referrals? 777 00:36:09,274 --> 00:36:13,017 Well, I attribute it to improved medical service at the jail. 778 00:36:13,511 --> 00:36:17,982 By focusing on efficiency, we've been able to cut the need for hospitalization. 779 00:36:18,083 --> 00:36:19,824 What about in Brian Gallant's case? 780 00:36:19,884 --> 00:36:24,196 I suspect Mr. Gallant's case would present a challenge to any clinician, 781 00:36:24,256 --> 00:36:27,203 given that the severity of it was never communicated to me, 782 00:36:27,258 --> 00:36:31,536 I was in no position to effectively monitor his treatment regimen. 783 00:36:31,596 --> 00:36:33,007 Had it been, 784 00:36:34,366 --> 00:36:36,505 maybe there would've been a different outcome. 785 00:36:36,768 --> 00:36:38,111 Thank you. 786 00:36:42,040 --> 00:36:44,577 Inmates diagnosed with heartburn 787 00:36:44,643 --> 00:36:46,452 who turn out to have coronaries, 788 00:36:46,511 --> 00:36:49,355 HIV patients left untreated, 789 00:36:50,482 --> 00:36:53,053 psych patients left unevaluated. 790 00:36:54,285 --> 00:36:57,198 Is that your idea of improved medical service, Mr. Andrews? 791 00:36:57,255 --> 00:37:00,168 I'm not satisfied with our diagnostic success rate. 792 00:37:00,225 --> 00:37:03,434 And I think you're gonna see a steady improvement on that score. 793 00:37:03,495 --> 00:37:04,974 What you have to keep in mind 794 00:37:05,030 --> 00:37:07,806 is we're still in the "shake-out cruise" of a new program. 795 00:37:07,866 --> 00:37:10,540 You're responsible for the bottom line on the "shake-out cruise," 796 00:37:10,602 --> 00:37:11,774 are you not, Mr. Andrews? 797 00:37:11,836 --> 00:37:12,871 Yes, I am. 798 00:37:12,938 --> 00:37:16,613 And there's no question but that the bottom line is helped 799 00:37:16,975 --> 00:37:19,683 the fewer hospital referrals are made. 800 00:37:19,744 --> 00:37:22,452 Like it or not, medical care is a business today. 801 00:37:22,514 --> 00:37:23,959 No HMO can survive 802 00:37:24,015 --> 00:37:28,930 without conducting a realistic cost-benefit analysis of its treatment protocols. 803 00:37:28,987 --> 00:37:32,196 Brian Gallant was treated 11 times. 804 00:37:32,857 --> 00:37:35,098 Three violent altercations. 805 00:37:35,693 --> 00:37:38,867 Another five visits for irrational behavior. 806 00:37:39,164 --> 00:37:41,405 Was your failure to authorize 807 00:37:41,666 --> 00:37:46,877 even one psychiatric referral part of that cost-benefit analysis? 808 00:37:46,938 --> 00:37:49,851 I was relying on the clinic physician's observations 809 00:37:49,908 --> 00:37:51,683 to determine a course of treatment. 810 00:37:52,210 --> 00:37:55,191 You had him on tranquilizers non-stop. 811 00:37:55,246 --> 00:37:56,987 I didn't have him on anything. 812 00:37:57,315 --> 00:37:59,226 That was Sanders' call. 813 00:37:59,484 --> 00:38:01,725 And by the way, according to his chart, 814 00:38:01,786 --> 00:38:03,459 he was responding to the medication. 815 00:38:03,521 --> 00:38:05,364 So you were reviewing his medical chart. 816 00:38:10,028 --> 00:38:11,439 Mr. Andrews? 817 00:38:12,497 --> 00:38:13,737 Periodically. Yes. 818 00:38:13,798 --> 00:38:18,611 You were being kept aware of his progress or lack thereof, 819 00:38:19,204 --> 00:38:20,683 periodically. 820 00:38:20,772 --> 00:38:21,807 Yes. 821 00:38:21,873 --> 00:38:25,252 And you were authorizing his medication. 822 00:38:25,310 --> 00:38:27,722 I was authorizing the expenditure, 823 00:38:27,846 --> 00:38:30,258 I'm not the prescribing physician. 824 00:38:34,919 --> 00:38:35,920 Tell the jury 825 00:38:36,621 --> 00:38:38,931 what Mr. Gallant's complaint was 826 00:38:38,990 --> 00:38:42,062 the last three times he was seen at the clinic. 827 00:38:47,265 --> 00:38:48,767 There's no complaint indicated. 828 00:38:48,833 --> 00:38:50,312 No complaint? 829 00:38:51,169 --> 00:38:54,013 In a company as cost-conscious as yours, 830 00:38:54,405 --> 00:38:55,440 isn't it a fact 831 00:38:55,707 --> 00:38:59,177 that the only reason you would be spending money on medication 832 00:38:59,244 --> 00:39:00,917 when there was no complaint 833 00:39:00,979 --> 00:39:03,118 would be to prevent what was otherwise inevitable? 834 00:39:03,181 --> 00:39:04,216 No. 835 00:39:04,282 --> 00:39:06,819 Because you knew that it was inevitable 836 00:39:06,885 --> 00:39:10,856 that without medication Brian Gallant would become violent! 837 00:39:10,922 --> 00:39:11,992 That's not true. 838 00:39:12,056 --> 00:39:15,333 And when the time came, you were only too happy to see him go 839 00:39:15,393 --> 00:39:19,603 because a hospital stay or a psychiatric evaluation 840 00:39:19,831 --> 00:39:22,710 would've been contrary to your cost-benefit analysis. 841 00:39:22,767 --> 00:39:25,111 AXTELL: Objection. Counsel's making speeches. 842 00:39:25,170 --> 00:39:27,411 Ask a question, Mr. McCoy. 843 00:39:28,173 --> 00:39:29,709 Isn't it a fact 844 00:39:30,174 --> 00:39:32,950 that you knew exactly what kind of danger 845 00:39:33,011 --> 00:39:35,719 Brian Gallant posed upon being released? 846 00:39:35,880 --> 00:39:37,382 I didn't know. 847 00:39:40,118 --> 00:39:42,098 You didn't want to know. 848 00:39:47,926 --> 00:39:50,270 The big bad HMO. 849 00:39:51,162 --> 00:39:53,267 Uncaring, unfeeling. 850 00:39:54,198 --> 00:39:59,341 Placing profits before people in its savage quest to make money. 851 00:40:02,073 --> 00:40:05,350 A convenient political target if ever there was one. 852 00:40:07,078 --> 00:40:10,719 Criminally responsible for one man killing another man? 853 00:40:10,782 --> 00:40:12,420 Not on your life. 854 00:40:13,117 --> 00:40:17,224 If there were an outbreak of tuberculosis or if prisoners were dying 855 00:40:17,288 --> 00:40:18,995 due to negligent medical care, 856 00:40:19,057 --> 00:40:21,264 Phillip Andrews would have to answer for that. 857 00:40:22,427 --> 00:40:24,464 If he took a money-be-damned approach 858 00:40:24,529 --> 00:40:27,203 and dispensed medical care at Riker's Island 859 00:40:27,265 --> 00:40:29,472 as if it were the Mayo Clinic, 860 00:40:30,368 --> 00:40:33,815 he would have to answer for that, too And I might add, 861 00:40:34,005 --> 00:40:36,542 answer to you, the taxpayers, as well. 862 00:40:37,709 --> 00:40:39,450 So, he does his job 863 00:40:39,811 --> 00:40:41,347 professionally, 864 00:40:41,846 --> 00:40:43,450 compassionately. 865 00:40:44,649 --> 00:40:46,526 And for doing his job, 866 00:40:48,586 --> 00:40:50,793 they want to send him to jail. 867 00:40:51,856 --> 00:40:52,926 A few short weeks ago, 868 00:40:52,991 --> 00:40:56,529 Brian Gallant pled guilty to Manslaughter in the First Degree, 869 00:40:56,594 --> 00:40:58,369 a plea that could only be entered 870 00:40:58,429 --> 00:41:01,103 with the approval of this prosecutor. 871 00:41:01,165 --> 00:41:03,668 And now, this same prosecutor 872 00:41:04,936 --> 00:41:07,974 is back here with bigger fish to fry. 873 00:41:11,909 --> 00:41:15,379 Don't let the political ambitions of a District Attorney 874 00:41:15,847 --> 00:41:18,851 pervert this court of law. 875 00:41:20,184 --> 00:41:24,997 Whatever political capital Mr. McCoy and his boss can extract from it, 876 00:41:26,591 --> 00:41:29,936 don't let it be done to our system of justice. 877 00:41:31,329 --> 00:41:33,070 Don't let it happen 878 00:41:33,931 --> 00:41:35,740 to this innocent man. 879 00:41:42,974 --> 00:41:45,113 No one should be heard to say 880 00:41:45,643 --> 00:41:49,090 that providing medical care at Riker's Island is easy, 881 00:41:49,714 --> 00:41:53,252 nor is it the position of this District Attorney's office 882 00:41:53,518 --> 00:41:58,297 that there aren't legitimate financial constraints on the provider. 883 00:41:58,623 --> 00:42:02,264 We've heard that the defendant operating under those constraints 884 00:42:02,326 --> 00:42:05,273 is just a simple man doing the best he could. 885 00:42:05,697 --> 00:42:08,007 Let's look at that a little bit. 886 00:42:09,567 --> 00:42:12,741 Brian Gallant was at Riker's for a year. 887 00:42:13,271 --> 00:42:15,512 He was medicated on a daily basis 888 00:42:15,940 --> 00:42:19,444 by the defendant's company, with the defendant's knowledge. 889 00:42:19,644 --> 00:42:23,786 On the day he was released, he was hallucinating and disoriented. 890 00:42:24,449 --> 00:42:28,488 Nonetheless, he was handed over to the Department of Corrections 891 00:42:28,720 --> 00:42:31,360 who dropped him off at a subway station in the middle of the night. 892 00:42:31,422 --> 00:42:36,235 He was given no medication, no referral for ongoing care, 893 00:42:36,661 --> 00:42:40,609 not an address to go to, not a phone number to call. 894 00:42:41,466 --> 00:42:45,278 This was not done by accident or oversight. 895 00:42:45,503 --> 00:42:50,111 This was the express instruction of the defendant. 896 00:42:50,908 --> 00:42:56,824 Was not the violent behavior of Brian Gallant a foreseeable event? 897 00:42:58,616 --> 00:43:00,960 Was not the defendant well aware, 898 00:43:01,319 --> 00:43:03,959 not only of Mr. Gallant's propensities, 899 00:43:04,589 --> 00:43:06,432 but of the risk he constituted 900 00:43:06,491 --> 00:43:09,165 for every person he came in contact with? 901 00:43:09,227 --> 00:43:12,231 The answer is, of course he was aware of it. 902 00:43:12,997 --> 00:43:15,637 Of course, he chose to ignore it. 903 00:43:16,434 --> 00:43:19,005 Of course, it was his recklessness 904 00:43:19,203 --> 00:43:21,809 that brought about this woman's death. 905 00:43:22,607 --> 00:43:25,110 Find him guilty, ladies and gentlemen. 906 00:43:25,176 --> 00:43:26,712 He deserves it. 907 00:43:33,117 --> 00:43:36,564 JUDGE MIZENER: Madam Forelady, I understand the jury's reached a verdict? 908 00:43:36,621 --> 00:43:37,861 We have. 909 00:43:39,390 --> 00:43:40,869 On the first count of the indictment 910 00:43:40,925 --> 00:43:43,269 charging Manslaughter in the Second Degree, 911 00:43:43,327 --> 00:43:45,830 we find the defendant not guilty. 912 00:43:46,931 --> 00:43:50,708 On the lesser included charge of criminally negligent homicide, 913 00:43:50,768 --> 00:43:53,248 we find the defendant guilty. 914 00:44:04,882 --> 00:44:06,691 Okay, thanks. Bye-bye. 915 00:44:07,552 --> 00:44:10,089 Dateline wants to interview me about the verdict. 916 00:44:10,154 --> 00:44:12,259 CARMICHAEL: Jane Pauley or Stone Phillips? 917 00:44:12,323 --> 00:44:13,461 Stone Phillips. 918 00:44:13,524 --> 00:44:14,935 He'll probably try to get you to say 919 00:44:14,992 --> 00:44:17,336 it opens the door to massive malpractice claims. 920 00:44:17,395 --> 00:44:21,241 Well, it's worth it if it changes the way HMOs do business in this city. 921 00:44:21,299 --> 00:44:23,677 How much time will Andrews serve with good behavior? 922 00:44:23,734 --> 00:44:25,179 Under a year. LEWIN: Good. 923 00:44:25,236 --> 00:44:27,307 That means jail, not state prison. 924 00:44:27,371 --> 00:44:29,214 He'll serve it at Riker's. 925 00:44:29,273 --> 00:44:31,913 Let's hope he has a good immune system.