All language subtitles for Law.and.Order.Special.Victims.Unit.S19E16.WEBRip.x264-ION10-1

- In the criminal justice
system,

sexually based offenses

are considered
especially heinous.

In New York City,
the dedicated detectives

who investigate
these vicious felonies

are members of an elite squad

known as
the Special Victims Unit.

These are their stories.

- Keep making buzzer beaters
like that,

and you'll be playing
for the Liberty.

- I wish.

Remember that game
against Dallas?

- Tina Charles finds Zellous in
the corner with five seconds.

Zellous launches a three,

and swish, the Liberty win.

- Lily,
we're not on the court anymore.

We're not on the court anymore.

- She's such a dork.

- Yeah, I'm so sick
of this stupid game.

- You weren't sick of it
on my turn.

- Day's officially over
anyway, so.

- Hey, not until your mom
picks you up.

And actually,
it's that time again.

- No, guys, no.

Eww.

Which guy?
- That one, see?

There.
- That one?

- You have to go over there
and... right over there.

- No, no.

- You have to do it, Zoe.

- Fine,
but then I'm done, right?

- Maybe, if you
don't die of humiliation.

- Okay.

- Oh, my God,
she is actually doing it.

- Literally
the best day of my life.

- Hi.

Both: Red Parrot!

- Red Parrot!

- Red Parrot!

- Lily, Lisa,
have you girls seen Zoe?

- Not since we got off
the bus after the game.

- She's not answering
her cell phone.

- Maybe the battery died.

- I've run this sports center
for 20 years.

This has never happened.

- This place have
security cameras?

- It's not in the budget.
- When was Zoe last seen?

- According to her friends,
she never returned

to the Rec Center when
the bus pulled up after a game.

- These friends still here?

- Yes,
and we called in their parents.

These are detectives.

They need to talk
to Lily and Lisa.

- So, you two were
the last ones to see Zoe?

- Mm-hmm.

- Okay, what happened?

- Lily,
we have to tell the truth.

- That's right, young lady.

- What the hell did they do?
- Nothing.

- Lisa.

- Okay, ladies, listen to me.

You're not in trouble,
all right?

We just... we just need
to know what happened.

So we can find Zoe.

She's your friend, right?

So just take a breath
and tell me what happened.

- So when we got off the bus,

we dared her to kiss
some rando on the street.

- A man.

- What?

- Okay, then what happened?

- Zoe went over to him,

then we went inside.

Now she's gone.

You Zoe's basketball coach?

- Please tell me you found her.
- Not yet,

but we do have a few questions.
- This is my worst nightmare.

- It's a tough job, a lot
of kids to be responsible for.

We're sure you do your best.

- Can you describe the man
that Zoe approached

after she got off the bus?
- She was with a man?

- You didn't see them together?

- No, and I'm almost certain
I accounted for everyone when...

- Almost certain?

- I always do a head count,

but maybe it was
when we got on the bus.

- Where was Zoe
the last time you saw her?

- Right over there
with the man.

- What did he look like?

- I don't know. Tall?

- He had light brown skin,
like, Indian, maybe?

- What about his hair?
Was it short? Was it long?

What color was it?

- I couldn't tell
because of his helmet.

- A helmet?

So, he had a bike?

- Yeah,
the ones you could rent.

He was taking it
out of the rack.

- Okay, and which dock
was he taking it out of?

- Right at the end.

- Yeah, the very first one.

- BikeNYC's
got digital docking.

They'll have
his name and address.

Thank you.

David Gidumal.
Police.

- If Zoe's in there,
exigent circumstances,

right, Counselor?

- Right about here.

- Clear.

- Clear.

Oh, we got lucky.

The guy's got a Find My Phone
app on his computer.

Let's see.

It says...

He should be here.

- What the hell?

- Stop.
- NYPD.

- You David Gidumal?

- Y-yeah,
what are you doing here?

- Where's the girl?
- What girl?

- The girl!
- What girl?

- She's missing.

And she was last seen
with you.

- You think... wait.

I was taking out a bike,
and she tapped my shoulder.

I turned around and she kissed
me on the cheek and ran away.

Her friends shouted,
"Red Parrot."

- Red Parrot?
- I was as confused as you are.

- Okay, so then what happened?

- She ran away with
her friends, giggling.

Then they went
into the Rec Center.

- Now hold on,
you're absolutely sure

you saw all three of them
go inside?

- Positive.

- All right,
you're gonna have to

come with us until we
can confirm your story.

- My door...
I can't leave it like this.

- Call a locksmith; the
Department will reimburse you.

- Hey, Loo.
Yeah, the bike guy checks out,

and if he's telling the truth,
we're thinking Zoe might

still be in the Rec Center.

- I want a grid search...
Every storage room,

every utility space,
every office checked

top to bottom.
Go.

- Okay,
she's gotta be here somewhere.

- How do you know?

- Kids don't go anywhere
without their cell phones.

- Zoe?

Zoe?

Zoe?

I need some help in here!

Fin, get up to the gym
immediately.

Help me out.
Over here.

- Okay, move all this stuff
out the way.

Get it out of here.

- Zoe? Zoe?

Can you hear me, honey? Zoe?

- Okay, somebody call a bus!

- Stay with me, Zoe, I got you.
They're on their way.

Help is on the way,
okay, honey?

Honey, stay with me.

Stay with me,
Zoe, stay with me.

- So they're taking her
to Mercy Hospital.

It's one of the best
pediatric ICUs in the city.

One of you can ride with Zoe.

- This officer will take you
and follow the ambulance.

- I will, oh, my God.
- Thank you.

- Is Zoe gonna be okay?

- We don't know at this point.

- You have any idea
why she was in the gym?

- She wasn't supposed
to be in there.

The girls were told to change,

get what they need
from their lockers,

and wait by the front door
for their pick-ups.

- Okay,
go with him, please.

- How's she doing?
- Uh, we'll see.

- Any signs of sexual assault?

- Not according to the EMTs.

- So... so she was here
the entire time

her two friends
told us otherwise?

- Take them in.

I wanna see if they know
why and how Zoe ended up

in her underwear, unconscious,
behind those bleachers.

- Listen, Lily,

what happened is in the past...
That's done.

But you can make up
for it right now

by telling me the truth.

I know that you
didn't wanna hurt Zoe.

I know that.

- How did Zoe fall
under the bleachers?

- It was just a stupid prank.

- Okay.

What was the prank?

- Red Parrot.

Lisa saw it on YouTube.

- I-It's this thing
where for a whole day,

you have to do any dare
your friends tell you to.

Lily went first.

Yesterday was my turn.

- Today was Zoe's day.

First, she had
to spill her soda at lunch.

- Then tell Coach Clare
she had bad breath.

- And then you dared her
to kiss the man on the bike?

- Only on the cheek, though.

- And then when we got back
to the Rec Center to change...

- It was supposed
to be her last dare.

She had to run
a lap around the gym

in her underwear.

- We thought it'd be funny
to throw her clothes up

on the bleachers,
and she started climbing up

to get them, we ran away.

- I didn't know she fell
and hurt her head.

- Lily said if we told somebody

we were pranking her,
we'd get in trouble.

- I'm so sorry.

- It was an accident.

- I wish I never
played that game.

I wish I didn't run away.

I'm really, really sorry.

- Any news?

- Zoe's still in surgery.

They're trying to relieve
the pressure in her brain.

It's been hours,
and we haven't heard anything.

- Is there anything
that we can get you?

- No.

Maybe just say
a prayer for her?

- Yes, of course.

- How did this happen?
Do you know yet?

- We talked to Lisa
and Lily again.

Let's just say it was
a prank gone wrong.

- Oh, my God.

- It was an accident, and...

The girls are remorseful,

to say the least.

- Mr. and Mrs. Bergkamp...

Can we talk privately
for a moment?

- That's never a good sign.

- I don't understand, Doctor.

I was so hopeful.

When I found Zoe, she was...
She was breathing.

- The impact caused
cerebral edema...

Brain swelling.

We tried to relieve
the pressure

by fenestration with
a burr hole into the skull,

but the swelling
was too severe.

She died during surgery.

- Damn.
- And if...

We had found her earlier?

- I doubt it would've
made a difference.

I'm sure the M.E. will declare
manner of death accidental.

If you'll excuse me.

- Hey, Rollins,
when you were a kid,

what was the dumbest thing
you ever did?

Me and Stevie Harris

used to steal
our dads' .22s and go

shoot cans off a stump,
and one day,

I-I dared him to go
down to the stump

and just hold the can
an arm's length out.

Dead-eye Amanda
shoots a bullet hole

right through the sleeve
of his sweatshirt.

- You know what,
remind me never to go

to the practice range with you.

- Remind me never to
let Jesse leave the house.

- Hey,
any word on your missing kid?

- Lieutenant found her
in the gym, unconscious.

She died a few minutes ago.

- Ah, homicide?
- Seems like an accident.

- Two of her little friends
were playing a prank,

and I guess
the poor kid slipped

and fell head first off
the top of the bleachers.

- Is it something we might
wanna refer to Family Court?

- Both the girls already got
kicked out of their sports camp

for not telling the truth
about what happened.

Plus, they have to live with
this the rest of their lives.

- If every 12 year old
were arrested for lying,

you wouldn't wanna see
my rap sheet.

- We can send you our reports
if you wanna pursue this.

- Nah, it's heartbreaking,

but these girls don't sound
like Thelma and Louise.

Seems like the right call.

- Hi.

We just wanted to
offer our condolences.

Detective Tutuola and I
both have kids, and...

We just can't imagine what...
What you're both going through.

- Anything you need?

- Thanks.

I just wanna walk.

Zoe's ring.

I meant to take it.
It was my mom's.

- Well, we can arrange
to get that back to you.

- No, I would really like
to have it back right now.

- Yeah.

I'll be back.

Come on.

- What's this?

- She had surgery on her head.

Why is there an incision
down to her waist?

- And guess what?
When you wake up,

you're gonna feel all better,

and you're gonna get to have
all the Jell-O you want.

What's your favorite flavor?

- Dr. Franchella?

- Detectives.

I'm with the bravest kid
in New York right now.

- We need to speak with you
ASAP.

- I'll be right back.

What's going on?

- Zoe Bergkamp's incision...
The one on her chest?

- Yes?

- Why'd you cut her open
like that?

- To harvest her organs...

Two beautiful kidneys,
a liver, and a heart.

- Did the Bergkamps
sign off on this?

Well, not exactly.

- Yes or no?

- No.

- Where are the organs
right now?

- The liver and the kidneys
are in refrigeration here.

The heart is on its way
to a hospital in Buffalo.

- Call the driver and
have him turn around now.

- It's actually a helicopter.

It's on the roof.

- Okay, you stay with her.

- Are you kidding me?

NYPD!

Stop.

- What's the problem?

- I need to take custody
of this cooler.

The organ may be
evidence of a crime.

- There's a terminally ill boy

being prepped right now
for a heart transplant.

- He's gonna have
to wait for another one.

- It's a miracle
we have this one.

He's been on the list
for three years.

So we're good to go?

- I don't know, I, uh,

I need more time.

- It's wheels up now,

or this kid's
probably gonna die.

- We've... we've located
your daughter's organs,

and they are still
here in the hospital.

- Why'd she take them
without our permission?

- We're gonna address that
at another time,

but... but right now,
we need to make a decision

about... about Zoe's heart.

- They took out her heart?

- It was being harvested
for transplantation.

Right now, there's
a helicopter on the roof

waiting to take it to Buffalo

for a little boy
who's very sick.

- Please tell me
this isn't happening.

- Can we have a few days
to figure this out?

- Unfortunately, no.

Um...

If the helicopter doesn't leave
in the next ten minutes,

then...
Then the heart is useless.

- Useless?

- I'm sorry...

Came out wrong.

I'm very sorry that I have to
ask you about this right now,

but you have a chance
to save a little boy's life,

so we need to make a decision.

- Meredith, maybe we should...

- No.

It's just not right.

I mean, I mean, there are
pieces of her missing.

- Okay. Okay.

- Please, Lieutenant,
you're making a huge mistake...

- I wish I had a choice.

- You do.
Just give me the cooler.

I'll say I ignored your orders.

- I can't let you do that.

You'd be committing a crime.

- I promise I'll turn myself in

once I get that heart
to Buffalo.

What if this was your sick kid,

and that was the answer
to all your prayers?

- Liv, maybe you and I
got here too late.

- I can't.

I'm sorry.

- I just don't understand why

this is a matter
for the police.

- And it may not be.
I just wanna get all the facts.

- It's really very simple.

When Zoe Bergkamp hit her head,

her brain swelled
inside her skull.

We did everything we could in
surgery to vent the pressure,

but the fluid was
crushing the brain stem.

That's light's out.

She was pronounced dead
by neurological criteria.

Her heart was beating,

but for all intents
and purposes, she was gone.

That's the textbook
scenario for harvesting,

- So you just
took it upon yourself

to assume that the
parents would consent?

- I did.

- But you didn't even have
a brief conversation with them.

- Truthfully,
I couldn't risk them saying no.

There was another child
to consider,

one that was alive.

- Don't ask, don't tell.

- And why not?

- Because the law says that...

You need explicit consent.

- And the law is wrong.

- That's not for you to decide.

- Would you bend the law
to save a life, Lieutenant?

Right.

You didn't strike me
as an absolutist.

So let's have some respect
for each other.

I could never do what you do.

And I don't think that
you're in any position

to second-guess
my professional judgment.

- You're right.

But it's not my call.

- This doctor admits

she presumed
consent by the parents?

- Well, I don't know if
presumed is the right word.

There was nothing stopping her,

so she cut this girl open
and she harvested her organs.

- An assault charge
isn't viable

if Zoe had been pronounced.

Was there money changing hands?
- Not that I know of.

- How do Zoe's parents feel?

- Naturally,
they're pretty upset.

- Upset enough to testify
if we filed charges?

- I don't know, Stone,
but my gut is that

this doesn't belong
in criminal court.

- There's probably
a felony here.

- Yeah, that... that I was close

to being an accomplice to.

- You stopped it.

- And I'm still not sure
that I made the right call.

- This isn't about
assuaging your guilt, Olivia?

- Well, that's easy
for you to say, isn't it?

Because you weren't there
to make the call.

- So find out if this was
a one-off lapse of judgment.

I'll hold off on
getting an arrest warrant

until I speak to Zoe's parents.

- Thank you.

- Dr. Franchella's
a hero around here.

I can't tell you how many
lives she's saved.

- How long has she been
in the harvesting business?

- She started sending us
pediatric organs

five, six years ago...

Kidneys, livers, hearts.

And you have to understand...

Kids' organs are
extremely hard to come by,

especially here in New York.

- And you just accept them,
no questions asked?

- Her paperwork
is always in order.

- What kind of paperwork?

- Consent forms,
compatibility analyses,

tissue typing, HLA screens.

- We're gonna need
to see all that.

- Wait, is Dr. Franchella
under investigation?

- Actually, yes, she is.

- We can't afford
to lose this doctor.

- We're still gonna
need those records.

We tracked down 35 children
whose organs were harvested

by Dr. Franchella,
but only four families

recall signing
donation consent forms.

- What about the other 31?

- They claimed they
didn't sign anything.

- It wasn't easy telling them
their dead kid's organs

were in somebody else.

- Better you than me.

- Now, even though
the families didn't consent,

there's a completed form
for each kid.

- I'm no expert,

but the handwriting's
the same on all the forms.

- Yeah, look at the sevens.

Every time she uses one
for a date or the time,

it's got a European cross.

- Well, Dr. Franchella studied
at Oxford for two years.

- So she signed
all 31 consent forms.

At a minimum,
that's forgery.

- Thank you for seeing me.

I know it's been
a difficult time.

- We're planning
our daughter's funeral.

Difficult doesn't
begin to cover it.

- Please accept my condolences.

But I do need to loop you in

on our investigation
of Dr. Franchella.

- Can you just tell us
what this is?

I can't look at
anymore paperwork.

- These are organ
donor consent forms...

All of them forged
by Dr. Franchella.

There's 31 of them.

- She's done this before?

- Yes, and we're considering

filing forgery charges
on behalf of each family.

- What's there to consider?

She cut open
my daughter's chest,

and ripped out her
still-beating heart.

- She never even
gave us a choice.

- And she clearly
violated the law.

But there is
the ethical question

as to whether her actions
may have saved other children.

- Don't.

Just don't.

You think this is ethical?

She stole my child's
body parts.

What gave her
the right to do that?

A medical degree?

- She had no right
to do that to us,

to Zoe.

- You bring your kid
to the hospital

and you expect them
to take care of her.

You trust them with
your precious baby,

and they give her to a vulture.

- The Bergkamps
are pressing charges?

- The Bergkamps are
the least of your problems.

- Do you really need
to use handcuffs?

Standard procedure.

Please be careful.

Once this nonsense
is cleared up,

there are a lot of children who
are still gonna need my help.

- All we have against
Dr. Franchella

are the forgeries.

Did anything turn up
in her financials?

- No,
we've been over it three times.

She didn't take a dime
for any of this.

But she does donate
a sizeable amount to charities.

- Well, what's she looking at
in terms of jail time?

- Seven years, times 32.

- That's a lot of time
over some paperwork.

- And if Zoe's parents
make a victims' statement

after a conviction,
don't be surprised

if she gets double digits
upstate.

- They're really pushing this?

- I can't say I blame them.

- I think this woman's
practically a saint,

forgery or not.
- You'd let some doctor

rip your kid's heart out
while...

While it's still
beating in her chest?

- Two separate doctors
declared her brain dead...

- Okay, so... so you're
saying hospital bureaucrats

should get to decide
what parents do

with their dead child's
body parts?

- I'm not saying that.
- I'm with Carisi.

I don't see
what the big deal is.

Dead is dead.

- Everybody has a right
to their own opinion.

But as it stands now,

if you don't have
explicit consent to harvest

a dead child's organs,
it's a felony.

- We were both in shock.

This was the worst day
of our lives.

I-I mean...

One minute, you're...

Kissing your little girl
good-bye in the morning,

and then the next...

- Do you need some time,
Meredith?

- No, no, no.

It's okay.

- People's One
for identification.

Do you recognize this
organ donor authorization?

- That's my name,
but it's not my handwriting.

And that is not my signature.

- Nothing further.

- I am so sorry for your loss,
Mrs. Bergkamp.

That day at the hospital,
after Zoe had passed,

did you have a conversation
with Lieutenant Olivia Benson?

- Yes, we did.

- What was it about?

- Well, since Zoe's heart
had already been...

Removed...

She was trying to
convince us to donate it.

- So the Lieutenant
and Dr. Franchella

were on the same page?

- And that was very upsetting.

It had only been a few minutes
since Zoe had died,

and Lieutenant Benson
was already

laying a guilt trip on us.

Dylan and I were basket cases.

We were in no shape
to make a decision like that.

And by then,
the damage was already done.

You know, I don't know why

a doctor thinks
she had the right

to cut out my baby's heart

from her chest
without asking us.

- My name's Harry Lonegan.

I'm from Buffalo, New York.

- I'm going to ask you
some personal questions

about your health,
Harry, is that okay?

- Sure.

- So tell us, do you have
any medical problems?

- I have something called HCM.

- Hypertrophic cardiomyopathy?

- Yeah, it means that
my heart muscle is too thick

so it doesn't pump right.

- And do you see a doctor
for this condition, Harry?

- A lot of doctors...
My cardiologist, surgeon...

- Why a surgeon, Harry?

- Well, the muscle that's
too thick in my heart

is getting much worse,
so if I don't get

a new heart soon, I could die.

But if I do get
a new heart soon,

Dr. Wilson said
I could live to be 90.

- I wanna ask you about
the day that you went

to the Women & Children's
Hospital of Buffalo, Harry.

Why did you go there?

- Well, my mom got a call
from Dr. Wilson.

He said that a girl
had died in New York City

and her heart was a match.

So my mom and dad
rushed me to the hospital

to get ready
for the transplant.

- And what happened
after you arrived?

- Well, they got a room for me,

and Dr. Wilson came in
and told us what to expect.

Then the nurses got me
ready for the operation.

But the new heart never came.

So my mom and dad
just took me home.

- How many times
has Dr. Wilson called

to tell you that
a new heart was a match?

- That was the only time.

I've been on the waiting list
for three years.

- Thank you, Harry.

- Mr. Stone?

- No questions,

but I'm sure I speak for
everyone in this court, Harry.

You're a very brave young man,

and we wish you all the best.

I'm so sorry.

That must have been
difficult to listen to.

- It was.

You know, Mer,

maybe we should drop
our part of the case.

- No, Dylan.
- We should've listened

to Lieutenant Benson
when she asked us

to let Zoe's heart
go to that boy.

- You should never have been

put in that position,
Mr. Bergkamp.

That's what this case
is all about.

- But how can you try
to punish Dr. Franchella

when all she wanted
to do is save lives?

Honey, I need to say
something to them.

- Don't you dare.

- Excuse me.

I'm Dylan Bergkamp.
That's my wife, Meredith.

Yeah, we know who you are.

- We're sorry for your loss.

- I just wanna ask you
to forgive us.

In that moment after Zoe died...

Well,
we made a selfish decision,

and I wish
we could change that.

But my wife and I...

Harry, we just know
that another family's

gonna come through for you.

- I've been a pediatric
surgeon at Mercy Hospital

for the past 12 years.

I've done approximately
1,900 major surgical procedures

on children during that period.

- Do you know what
the mortality rate is

for those procedures?

- About 3%,
which is, I'm proud to say,

about half the national average
for pediatric surgeries.

- And in those
exceptional cases

where your patients don't
survive the procedure,

what is your hospital's
policy on organ harvesting?

- Let me be very frank
about this.

I do not follow
my hospital's policy.

- Could you explain that,
Doctor?

- Sure, um,

most parents whose children
undergo surgery

do not consent
to organ donation

for a variety of reasons.

So, unless I have a situation

in which a parent has
explicitly indicated

that they do not want
their child's organs donated,

I presume consent,
which is actually the law

in over 20 European countries.

- But not in the U.S.?

- Right. It's a disgrace.

We're in the dark ages
of organ donation.

- So, if one of your patients'
organ consent form is blank...

- I harvest their organs
if they're viable

for transplantation.

- And the consent forms
themselves?

- I fill them out so that
the Northeast Organ Network

will accept the donations.

Otherwise, they can't
be used in transplants,

and children will die.

- I show you

defense exhibit
D-1 through D-31

for identification.

Do you recognize these files,
Dr. Franchella?

- They're the medical charts
of 31 children across

the northeast who have received
organs that I've harvested.

- And in each of these cases,
you presumed consent

to harvesting organs
these kids received?

- Correct,

because to ask a parent
to make that decision

at the worst moment
of their lives is...

Distasteful, to say the least.

- How many of these transplants
were successful?

- All of them.

- Including Jessica LaFell,

Emma Hyatt,

Robbie Sanders, Dez Mohammed...

- We get the point, Your Honor.

- Nothing further.

- Hey.

- Hey, do you want a drink?

- No, thank you.

- Thirty-one kids who received
organs from Dr. Franchella.

- Yeah.

Well, about that, uh,

I've come to realize
that I made

the wrong call on that roof
in the hospital.

- I feel like a priest today...

Everybody
unloading their guilt.

- Well, that should
tell you something.

This wasn't police business.

- When I first came
to New York,

I spent all my time at
the hospital with my father.

And every afternoon,
I'd go down to the cafeteria,

grab a cup of coffee.

My father died
while I was asking

one of the servers down there
for some half-and-half.

- That must've been hard.

- It would've been a lot harder

if the doctor had
harvested his organs

before I got back to his room.

- You should've seen the look

in the parents' eyes
when I told them.

- You did the right thing,
Olivia.

- And if that little boy
in Buffalo dies

because I did the right thing?

- Things are never easy when
they're not black and white.

Well, there's nothing gray
for Dr. Franchella.

She had to know that this was

gonna eventually
catch up with her.

She put her life on the line.

She isn't getting
a penny for it.

- When you vetted
Dr. Franchella's financials,

there was a notation about
her charitable donations.

- Mm-hmm.

- Could she be
laundering money

she's getting for organs
through those donations?

- I'll have my people
check it out.

- Hey.

We found something
that you need to see.

Dr. Franchella donates
$50,000 every year

to the Children's
Heart Procurement Fund.

- That's very generous.

- It's not the amount
that jumped out at us.

It's who she dedicates
the donation to.

- Good morning, Dr. Franchella.

Yesterday, you admitted
to forging 32 signatures

on organ donor consent forms.

- Yes, to save the lives
of 32 children.

- And you dared to do this
because you felt

you were above the law?

- Well, when a law is wrong,
when a law is harmful,

we have to find the courage
to disobey it.

- So you see yourself
as some kind of a...

What, an activist?

- Sure.

- A champion for sick children?

- That's what
a pediatric surgeon is,

by definition.

- You had a son named Benjamin.

- That's right.

- He died from a congenital
heart condition in 2006.

- Yes.

- Was he on the waiting list
for a heart transplant,

a transplant that
he never received?

- That's correct.

- Did the death of your own son

inspire you to specialize
in pediatric surgery?

- Yes, it did.

- So the fact that Benjamin
didn't receive his transplant

is what motivates you
to break the law?

- My only motivation
is to save lives.

- Is it possible,
Dr. Franchella,

that in your zeal
to save lives,

you'd harvest an organ
from a child

that was not
legally deceased?

- Objection.
This is outrageous.

Mr. Stone is insinuating

that Dr. Franchella
committed a homicide.

- Well, did she?
- Move to strike.

- Mr. Stone's remark is
stricken from the record,

but I will allow the question.

- And here's my answer.

A second attending physician

needs to certify death
on any patient,

so it's not just
my medical judgment

that's dispositive.

And why would I let
one child die to save another?

It makes... makes no sense.

- But did you try hard enough
to save Zoe Bergkamp's life?

- Excuse me?

- Did you try hard enough
to save Zoe Bergkamp's life?

- The fenestration procedure
failed.

She was legally brain dead
when I cut her chest open...

- No, you're not answering
my question, Doctor.

If that was your Benjamin
on that table,

at that moment,
would you really have

cracked open his sternum
and cut out his heart?

- This is Jessica LaFell
at her tenth birthday party,

Erin Hyatt practicing
before her band recital,

and Robbie Sanders
playing point guard

for his junior varsity team.

These are just a few
of the kids who were recipients

of organs harvested
by Dr. Franchella.

Most of them probably
wouldn't be alive

if she "followed" the rules.

Under the cold, hard facts,
she broke the law,

but as Judge Goldfarb
will instruct you,

the law excuses a criminal act

if it is based on necessity.

This...

Is the definition of necessity.

- Some of you may have
a little red heart

on your driver's license,

and that's because you chose
to be an organ donor.

The government didn't make
that decision for you

and a doctor certainly didn't,

because it's your body,

and only you can decide
what to do with it.

Dylan and Meredith Bergkamp
did not relinquish that right...

That fundamental right
to make that highly personal

and intimate choice
for their daughter, Zoe.

Instead, a zealot, motivated
by her own personal tragedy,

stole it with
the stroke of a pen.

While Zoe's heart
was still beating,

the defendant
pilfered her organs

and stitched up
her empty torso,

hoping that no one
would notice.

Ms. Staines is
basically telling you

the ends justify the means.

Whose ends?

Dr. Franchella
arrogantly decided

that she knew better
than the patients' families,

that she knows better than you.

She did this
by breaking the law.

She did this by imposing
her own morality.

She did this by playing God.

- Has the jury
reached a verdict?

- We have, Your Honor.

- How do you find?

- We find the defendant
guilty of forgery

in the second degree
on all 32 counts.

- Thank you for your services,
ladies and gentlemen.

This was a very difficult case.

Court is dismissed.

Yeah, of course, he does.

Look, Lucy, he's had mac and
cheese three times this week,

so I'm just gonna
pick up a falafel

'cause at least it has
something green in it.

Okay, thank you. Bye.

- When I was five,

I ate a burger and fries
every night of the week.

- Why does that
not surprise me?

So, what's on your mind, Stone?

- Uh,
Dr. Franchella's sentencing.

- You're seriously gonna
ask for jail time?

- We need to set an example.

- For all the
progressive-minded

pediatric surgeons out there?

- That's right.

- Don't be a bully.

She's gonna lose
her medical license

over the felony conviction.

That's the worst punishment
she could ever imagine.

- I just took this job.

I don't wanna look
like a pushover.

- Or...

maybe you're overcompensating.

- For what?

- For not being in the room

with your father when he died.

Hey,

I'm sorry to interrupt, um...

We just got
a call from Buffalo.

Harry Lonegan died
about an hour ago.