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WOMAN (over intercom):
Dr. Carel, surgery, please.

Ambu bag.

Bag, Dr. Lewis.

Clear.

Clear.

You're here early.

Ha. My buddy Chan
Eli's been working malpractice case.

???

Chan thinks
it's criminal.

Thought maybe
we'd take a look.

What makes it criminal?

Husband's convinced???

And Chan thinksthere's something to it?

Just give me
the headlines.

Juliette Tersey.

Went in for a minor
surgical procedure.

Theze s a problem???

???

??? Letter of reprimand
for the anesthesiologist.

But her husband thinks
it was deliberate?

He's com???

PLEASE??? If you don't think it's
worth pursuing, I'll tell Chan,

that'll be the end of it.

You owe me.

I know. Than ???

I know.

I'm not just some
grieving husband

with a paranoid
theory.

Th
g board said it was negligence, not murder.

I've been living
with this for a year.

Can I tell you
why I th kit was

Please.

According to
the chart,

Dr. Davis gave my wife
five cc's of sufentanil.

It
a syn etic opiate, common ???

And the autopsy found 11 cc's
of opiates i her syst

More than twice
what there should have been.

A fatal ???

???

I do.

The board ruled it
an inadvertent overdose.

I know.

???

Dr. Davis neglected ???

and adjust the anesthesia
accordingly.

Two things:

Juliette wasn't on oxycodone
or any other kind of opiate.

We know she had ??? a controlled substance.

According to her chart, she was
taking 70 milligrams a day.

SHE have a BACK surgery three years ago.

Took a few, put the rest away.

Never even got a refill.

What's the second thing?

Dr. Davis didn't misread Juliette's chart.

She tampered with it after the fact.

This is her pre-op nt ew.

???n rwarded a copy
to Juliette's dermatologist.

Vitamins,
ax oil, ibuprofen.

If our wife ???

How'd it get on her chart?

How else could
Dr. Davis have known YOUR ???

Controlled substance--
it's a matter of public record.

She looked it up.

All right, let's say Dr. Davis

altered ???

Mayb ???

It doesn't mean
she murdered her.

Dr. Davis was turned down
for membership

in our country club
and blamed my wife.

That's your -wtive? she didn't ???

They had a nasty
argument about it.

When was this?

A month or so before the murder.

Why would she blame your wife?

I doN'T KNOW exactly.

SomehoW Juliette was responsible.

Do I know why it was HoW important to her? No.

Do I know exactly
how she did it?

Doesn't matter.

???

Obviously, my colleague
So agrees with you.

But you don't.

Absent the smoking gun...

You won't consider taking it on?

Mr. Tersey, Dr. Davis
has been reprimanded,

u HAVE vil case,???

And they offered me a tentative
settlement-- $2 million.

Maybe you should take it.

If you knew someone
murdered your husband,

???

<

<

CTH 212

200???

The board investigates hundreds
of cases in Indiana every year.

How often is there
criminal liability?

In the last two decades,

30 or so have seen the
inside of a criminal court.

In THIS CASE???

Dr.DAVIS

Dr. Stilla,

you were the sole dissenting
opinion for stronger sanctions.

I have taken thousands
of patient histories.

U ALWAYS ASK

"WHAT medications
are you taking?"

You ask the patient
over and over at every step,

just so this sort of thing doesn't happen.

According to her cha???

Mrs. Tersey was TAKING

??? ibuprofen and oxycodone,

70 milligrams a day.

Patient almost always lists
the strongest medications first.

So, vitamins, flax
oil, ibuprofen AND

OH YEAH

a daily mega dose of
a highly addictive narcotic

taken for the last three years?

The minute I saw that, I
thought, somebody doctored this.

Just a hunch?

If that's what you want t
call it, yes.

-I ???
-No,respect that.

I have hunches in
my line of work, too.

It's irrational, I know,
and I can't prove it,

but when I looked at
her pre-op interview...

Which mentioned everything
but the oxycodone.

I felt we should refer the case

to your of ???

My colleagues
furtheri thought otherwise.

Her husband brought it to us.

Good for him.

ANNABETH:
It wasn't trivial to Dr. Davis.

Membership into that club would have been
??? to her career.

???

In her field,
social prestige and access

translate into dollars
and cents.

Okay, good argument.

What's your narrative
of the crime?

Rejection
for membership.

She blames Tersey,
gives her an overdose,

???

Knowing Tersey's got a
prescription for oxycodone.

Provides a medical
explanation for the overdose.

Oxycodone's got the same chemical structure
as the anesthesia.

THe coroner can't ???

SO ???

She cops to negligence,

gets a slap on the wrist
from the medical board.

Still got some
holes to fill.

How'd she get
the extra drugs?

CONLON:
Well, first, you have to prove she administered them,

AND ???

If you can't do that,
murder's a nonstarter.

So you go the other way,
try foR negligence,

might get criminal recklessness.

Criminal recklessness?
Eight YEARS MAX

EVEN ??? Without corroboration,

this case
belongs in civil court.

You heard the man.

We need corroboration.

I got a guy ???

Maybe you and Ed can swing by
that country club?

I'll take my clubs.
Think they'll let me play nine?

I wouldn't get your hopes up.

DR.??? Juliette

was tryingas
to calm her down.

She was completely off ??? rails.

Why didn't she get in?

Well, the club likes a
certain kind of individual.

Thank yoU

And Dr. Davis is divorced,

and not particularly
connected, socially.

She JUST ???

SHE'S ???

She's an anesthesiologist.

WHY ??? Juliette Tersey?

Was she a blackballer
or something

No, it doesn't work that way.

We aren't Skull and Bones.

Majority carries the date

WHAT WAS ??? on Dr. Davis?

18 to three, against.

Was Juliette one of
the three in favor?

I DON"T KNOW

I thought you said
you weren't Skull and Bones.

WILLIAMS:
Is there anything else you can tell us?

JUst ??? Dr. Davis

was saying that
she couldn't believe

that Juliette had
humiliated her yet again.

Again?

So they had
history together.

We're looking into it.

We also confirmed
Juliette Tersey

never got her
oxycodone refilled.

We're certain she wasn't
taking it when she died?

Not unless she was
buying it on the street.

And why would an upper-middle
class professional woman

do that when she has
a legit prescription?

She wasn't taking
the oxycodone.

Davis definitely
gave her the overdose.

All we have to do PROVE HOW

Dr. Davis is first-rate--

thorough, committed, careful,

???

Not that day.

It happens,
even to the best of us.

Dr. Taylor

??? Mrs. Tersey died
of an overdose.

The anesthesia plus
the oxycodone she was taking.

She didn't
mention anything about oxycodone

in the pre-op interview
your office did with her.

Patients don't
tell ???

According to your report,

her pre-anesthesia
vital signs were normal.

Wouldn't you have ??? if she was on something?

NO NOT ???

She must have developed quite
a tolerance over the years.

VEGA:
The prescription was three years old,

???

No evidence she was
buying it on the street,

under the counter, on the black
market or anywhere else.

No evidence she ???

LooK ???

if Dr. Davis did give
Mrs. Tersey something extra,

couldn't she have just gotten it
from the clinic's pharmacy?

ONLY ???

With a controlled substance,

the anesthesiologist
must fill out a charge slip

before every procedure.

No way to beat the system?

After Mrs. Tersey's
death,

we did a thorough ??? to the grand jury.

There was nothing
unaccounted for--

nothing missing,
nothing stolen, none.

Was there anything unusual

about Dr. Davis
the day of the procedure?

TAYLOR:
Unusual?

Her demeanor, her behavior.

???

Which may explain
why she misread the chart.

Rushed? How?

TAYLOR:
She wasn't even scheduled do the ???

She was covering a shift
for another employee

who'd taken a personal day
at the last minute.

???

TOTALLY??? peach mango soda.

That sounds
terrible.

My girlfriend thinks that
sugar's the root of all evil.

The white death.

Turkey on seven
grain, fat-free mayo.

???

So, uh...

what's on your mind?

Well, I just thought
you'd like to know we're looking ??? case,

???

Well, the medical ??? board

already issued
its findings.

We are seriously considering
filing criminal charges.

Okay.

Well, since I'm back
on the clock and I can

make this a billable hour,
I will tell you this.

We have five board-certified

esthesiolo ??? will testify

the DR.DAVIS???

was a medical error,
nothing more.

Doctors have a vested intere
making every case ???

And prosecutors assume that any unexplained death
is a homicide.

This one is exactly that.

Dr. Davis blam
Juliette Tersey

when she didn't ???

Oh, come on, this is a minor
the Beadisappointment for Dr. Davis.

Certainly not a reason
for her to off a patient.

Now, Juliette Tersey ?? her own oxycodone.

We can prove that's not true.

Dr. Davis admits

and regrets any part
that she inadvertently played

????

We disagree
iwith the medical board.

We don't think
it was deliberate.

Look,are you poking around

to see if we a
pen to a plea hrre

because I will tell you,
Dr. Davis,

will not plead to anything
that will jeopardize her license

or her livelihood.

Okay, then we won't offer her one.

So... you're prepared
to take this all the way then?

You know me, Doug.

Yes, I do

Sorry to show up
unannounced... again.

Mr. Tersey.
Do you have

some kind of secret password
to get in here?

Uh, I was just picking up
some documents from Chan.

I promise I'll only
stay for a second.

I, I was just...
I was gonna CALL U ???

We're moving forward.

Dr. Davis is surrendering
this afternoon.

She'll be arraigned
in the morning.

Oh, my God.

WHOA I MEAN THAT"S GREAT

It's a first step.

Finally!
Well, it's still

a long road, a lot can go wrong
between now and a conviction.

But you're the one
that got the car ???

So to speak-- mean no one else did so...

thank you.

My pleasure.

UH WE ???

and your wife may have known
each other in the past.

Not that I know of.

Well, maybe if we ????

papers, records, computer.

Yeah, I'll see what I can find.

Okay.

It, well, um,
I'll let you go back to work.

Thank u THX u THX U

I'm lighting a candle.

Me, too.

Bye-bye.

Your Honor, this so-called
murder happened

during the course of a routine
medical procedure.

This case should be returned
to the world of civil litigation

where it belongs.

JUDGE:???

I'm not dismissing any charges.

I'm not suggesting
that you should, Your Honor.

I am merely asking

that my client be released
on her own recognizance.

TeLL ??? I'll do the next best thing.

Bail is set at $50,000...

Your Honor, that's no impediment
to flight at all

Defendant has substantial...

She has no intention
of going anywhere.

HER ??

Let me finish, counselors,
$50,000

and Dr. Davis surrenders
her passport.

So I have a meeting with
your boss this afternoon.

Thought you weren't
interested in a plea.

Well, I'm not,
I'm just, uh,

hoping to make your office
see the error of its ways.

CONLON:
Witness heard your client

SAY YOUR???

Well, I respectli
your tenacity, Jim,

but you just haven't done
your research properly.

Now, here.

Juliette Tersey
was helpin my client ???

not keeping her out.

Why haven't
we seen these before?

Just came
to our attention.

And these good pepole decided to come forth

???

to wage this vendetta
against my client.

We're gonna wanna depose
these people.

Well, you can depose them
all you want.

They will testify under oath

at they were contacted
by Mrs. Tursey

and that she was actively
lobbying her friends

on the membership committee to
support Dr. Davis's application.

So you've just
lost intent.

???

These e-mails contradict the prosecution's assertion

that my client carried a grudge
against Mrs. Tersey,

which is their basis for
inte and a murder charge.

Counselor?
MAUREEN: Your Honor,

there is no evidence
Dr. Davis knew of these e-mails

or Mrs. Tersey's alleged efforts erehalf.

We will show
she had intent

to murder and that she did carry
a grudge against Mrs. Tersey.

Another club
member heard

Mrs. Tersey and Dr. Davis
arguing about this very point.

Half a conversation overheard
from a distance,

Your Honor,
this is a question of law.

There was no intent here

WHich is a required element
of the crime.

I'm inclined to agree.

Ms. Scofield,
I hear you straining

to establish intent and I have
to say I'm not looking forward

to your office doing
that in front of a jury.

Your Honor,
I am confident...

Based on the facts laid down
by the indictment,

U HAVE ??? tated the intent
for the offense.

Amend the indictment.

??? this one loose.

Annabeth.

Nickhi.
Hey.

I just left some boxes
with your investigators,

from my
mother-in-law's attic.

Uh, Juliette's letters,
school papers,

uh, college thesis,
stuff like that.

That's great. Thanks.

If you find
love letters from her old boyfriends...

I won't read
the juicy parts.

I promise.

Uh, speaking of juicy,

I was reading the Indiana
Criminal Code last night...

There's a cure
for insomnia.

The lesser charges,
like manslaughter,

don't seem to apply.

In Indiana,
manslaughter means,

the person acted
in ???

And since Dr. Davis had
to have planned the overdose

beforehand...
It would be murder.

And if she didn't
it was negligence

and not criminal, right?

We might be able
to make a case for criminal recklessness.

A C felony,
eight years tops.

You have been reading
the statutes.

The defense has found
some evidence ???

WHICH ??? into the country club.

Well, that sounds like Juliette.

She never discussed this
with you?

No.

Why what difference
does it make?

If Dr. Davis knew
your wife was helping her,

it undcuts our theory
of her motive.

Try not to worry
about it.

We'll deal with it.

I know.

I appreciate it.

Just have faith.

A hundred operations
a week at the clinic,

you'd think Dr. Davis could
have nipped some drugs in the process.

So, I tracked down
an old buddy of mine with the DEA.

He put me in touch with the division
that deals with drugstore cowboys.

Doctors who use,
stuff like that.

They have an entire
division for that?

Scary thought.
I asked him all the ways

he's seen medical professionals
steal anesthesia.

They're pulling cases
and getting back to me.

Good. Have we found a connection
between Juliette Tersey

and Stephanie Davis yet?

Maybe.

They went to the same
high school for one year.

This is Stephanie Davis'
yearbook.

Victim was Juliette Flemming
back then.

And Dr. Davis was
Stephanie Kramer.

She was using her
mom's maiden name.

That's how we missed it
the first time.

That's where
the similarities end.

Juliette Flemming,
cheerleader, prom queen.

Voted best looking
and best legs.

And our perp, mm,
no superlatives.

But Stephanie Kramer was quite
the academic overachiever.

Debate team, mathlete
founder and president.

Philosopher's club, founder
and president and only member.

Lots of titles,
not much sign of life.

Anybody know what
the hearts with the slash through it means?

It's on Juliette's
yearbook page.

Probably some kind
of inside joke.

Only a handful of people signed
Davis' yearbook.

"There are big ships "and small ships,

but the best ship of all
is friendship."

Nice.

Signed "A.K.

Your study buddy."

WOMAN:
Well, Steph and I weren't exactly the hot girls in the hallway.

We actually cared
about studying.

Did you know
Juliette Tersey?

I mean, uh, Flemming,
in high school?

I knew of her

but we weren't friends
or anything.

She was one
of the "Barbies."

Pretty, popular,
super entitled,

it was like everything
was a game for them.

What about Dr. Davis?

Oh, Steph wasn't
in that crowd.

Did you know of any connection
between Stephanie Davis

and Juliette Tersey
other than just passing in the hall?

Well, there was a boy.

STeph was crazy for him.

They dated
all through senior year

and then suddenly he started
going with Juliette.

And acting like, you know, he
didn't know Stephanie from Adam.

Do you remember his name?

Yeah, Jud Stern.

Brainy, sensitive type.

Came from a great family,

million miles
from Stephanie and her mom

and their one bedroom rental
above a package store.

We were together
most of senior year.

Even talked about getting
married, having kids.

Sounds serious.

As serious
as 17 year olds can be.

Right before commencement,

just before the prom actually,

I broke up with her.

For Juliette Flemming.

Juliette was...

so vivacious, so pretty.

So popular.

I fell head over heels.

I broke up with Stephanie,

I took Juliette
to the prom instead.

That must have hurt.

I'm sure it did.

Did Stephanie go to the prom
with someone else?

Stayed home.
Ouch.

I was a jerk, but I got mine.

A few weeks later,

Juliette dumped me.

What goes around
comes around, right?

Mm, high school.

Seems so tragic at the time.

And so trivial
in retrospect.

You graduate, you go to college,
you get married, you have kids,

you go to the reunion,
hardly recognize anyone.

You ever see Stephanie again,
after high school?

She called me regularly
for a few years.

Couldn't let it go.

I finally asked her to stop.

Sounds a little obsessive.

That was what was so
uncomfortable to me.

Even the last time I talked
to her, like five years later,

she was still bitter.

I mean, get over it.

Get a life, you know.

Juliette stole this
guy from Dr. Davis?

I didn't even know they'd
gone to the same high school.

Why is this all significant?

Mr. Stern's statement
give us intent.

A high school grudge?

A long standing animosity
between your wife and Dr. Davis.

Which exploded when she was
rejected from your country club.

Sorry, um,

I'm having a hard time getting
my head around this.

Stephanie Davis killed my wife

because she might have been
mean to her in high school?

Well...

Uh, Gabby,

Um, this is Mrs. Chase,

she's from the plsecuting attorney's office.

Hi.

Hi, Gabby.

How are you?

Um, at the trial,

are you gonna have
to like tell everyone

how my mom was
in high school?

We might have to.

It's not like
she was always like that.

You know, just because
someone's mean

once in their life
doesn't mean they're like that forever.

Gabby...

Can you give us a few minutes?

It was nice meeting you.

You, too.

This is so hard on her.

I can imagine.

I know you can.

Um... I read about what
happened to your husband.

And I'm sorry.

Then you know I understand

what you and Gabby
are going through.

People mean well.

"It's been a year.

You should be getting over it."

Moving on with your life.

Dating.

A year's not that long.

No. It really isn't.

Have you done
any of that?

Moving on?

Dating?

Uh... well...

I mean, with work and Haley,
who has time?

It's hard.

Sometimes.

You know?

Yeah, I... I do.

Killing over
a high school boyfriend

is even crazier
than killing over

not getting into a country club.

No kidding. High school
boyfriend? You get over that.

My junior year,

Sean Brophy broke up with me
because he said I was too bossy.

Imagine that.

I thought my life was over,
now I can't even remember what he looked like.

Is it just girls,
or do guys do this, too?

Well, I don't know
about high school

but, well, there was this guy in law school,

we got
into it over a girl.

Never did bury that hatchet.

All the anesthesiologists
in Indianapolis,

and Mrs. Tersey winds up with
the one who wants her dead.

Do we know how
Dr. Davis managed that?

Ed spoke to the other anesthesiologists
scheduled to do the procedure.

She and Dr. Davis switched shifts

after she wonsome sort of contest.

???

??

We did run
a promotional contest.

A thank you to all our customers
for our first year of operation.

Which has been awesome.

We picked a name out of a hat.

Spa day of your choice.

Who was the winner?

Uh... Darrell Lindstrom.

A guy?

Our warm-stone massage is very popular with men.

We understood Dr. Gwendolyn
Donner was the winner.

Uh-huh.

Dr. Donner.

I have her.

Oh! There's a note on her file.

It says a friend of hers
asked us to play along

and tell her
she'd won the contest.

Ha! Maybe like a prank
between friends?

Friend?

Paid for the gift certificate
in cash, so no name.

Could this have been the friend?

Sorry. We see so many faces
they all kind of blur together.

The day Dr. Donner came in...
October 3?

That was the day your winner
came in. Mr. Lindstrom?

No. He came in
a month later.

The gift certificate
was good for three months.

They all are.

Here. Here's Dr. Donner's.

Except this one.

Huh. One day only. October 3.

I don't know what to tell you
about that one.

Counselor, please.

Tell me why I shouldn't
dismiss the murder charge.

Your Honor, we've amended the indictment
to allege additional facts.

The victim stole the defendant's
boyfriend in high school.

The emotional fallout from that
experience lasted for years.

Dr. Davis had the requisite
intent for murder.

This assertion is a gigantic leap

even given the prosecution's
liberal standards.

Dr. Davis committed
a medical error.

This case does not belong
in a criminal court.

This isn't just about
a high school grudge.

It's about how that grudge finally led to
an act of revenge.

We have evidence that Dr. Davis
planned this murder for weeks

by arranging for her coworker
to be out of the office.

This gift certificate
was paid for in cash,

and then tampered with

so it was only
good for one day--

the day of Juliette
Tersey's operation.

The high school animosity
lends itself to motive,

and the forged
gift certificate proves premeditation,

and therefore intent.

This is a baseless accusation,
Your Honor.

The prosecution
has absolutely no evidence

linking my client
to that document.

We intend to
do just that.

Link your client
to that document.

Enough, counselors.

You're arguing facts, not law.

You've convinced me,
Ms. Scofield.

You have intent.

THIS CASE IS GOING TO JULY

And after the membership
committee voted?

We went to the bar and blabbed to everyone
who got in.

Were Stephanie Davis and
Juliette Tersey at the bar?

Dr. Davis was.

How would you describe her mood?

Well, she was upset, obviously.

Did you talk to her?

No. She left abruptly.

Did you see her
after that?

Later, down by
the tennis courts.

What was she doing?

Arguing with Juliette Tersey.

Did you hear any
of that argument?

Just a smidge.
Dr. Davis said,

"I can't believe
you're humiliating me again."

Objection, Your Honor.
Hearsay. Move to strike.

It falls under the hearsay
exception, Your Honor.

Statement against interest.

Overruled.

You said...

Dr. Davis seemed upset
the day she learned

her membership
had been rejected.

Quiteunhinged.

Objection.

Your Honor.

Please confine your
remarks to the facts,

not opinions, Mrs. Rogers.
Yes, Your Honor.

Upset? Disappointed?

Yes.

But surely that must have
eased after a few days.

On the contrary.

She wrote letters,

and called the committee
members at home asking why.

If anything, it made
the situation worse.

No one does that.

Nothing further, Your Honor.

HELLMAN:
I'm curious.

Why would Dr. Davis
blame Juliette Tersey?

I don't know, really.

Was Mrs. Tersey on
the membership committee? No.

Did she have any unusual
influence over the committee?

Apparently not.
Dr. Davis only got three votes.

And 18 against.

So why would Dr. Davis
blame one person in particular?

I don't know.

Neither do I.

But didn't Mrs. Tersey
lobby in favor

of Dr. Davis' admission?

That's what people said.

But we have affidavits
from committee members

saying she did just that.

Then she must have.

So, to your knowledge,

did Juliette Tersey do anything
at all to prevent Dr. Davis

from getting into
the Beach Ridge Country Club?

No. Not to my knowledge.

Thank you.

We find anything?

I found one interesting thing
in the D.A. cases.

They put away an anesthetic
nurse at a big hospital

who was skimming anesthesia
off the top of every patient,

and substituting it
with saline solution.

Maintain a healthy drug business on the side

while wreaking havoc with the surgical patients.

So what are we looking for?

For the quantity
we're looking at,

documentation of a patient
not going under,

or worse,
waking up during surgery.

Waking up during surgery?
These are not nice people.

Can we look at Dr. Davis' files?

Doing it as we speak.

Give me some.

Our last witness is up next.

WOMAN:
Juliette and I were best friends since fifth grade.

Part of the popular girls.

Thought we ruled the school.

And, after Juliette
took Judd Stern

away from Stephanie Davis,

how long were
they together?

They were never
really going out.

What do you mean by that?

Judd thought they were,
but they weren't.

Juliette was just playing him.

Playing him?

Like a game?

Yeah. A game. It was just
this stupid thing we did.

We tried to break people up,
you know?

To see if we could do it.

The point of which
was what exactly?

What cool girls we were.

How attractive
we thought we were.

How we thought
we could get anything

and anyone we wanted.

Did anyone outside
of the circle

of popular girls know
about this game?

It was supposed to be
a secret, but...

Did Stephanie Davis know?

She found out eventually.

We listed the tallies
in the yearbook page.

You know,
the people we broke up.

You kept score?

Yes.

Can you read from Juliette Fleming's
senior yearbook page?

The heart with the line drawn
through it diagonally.

"SK plus JS."

Stephanie Kramer.Dr. Davis' maiden name.

And did Dr. Davis know what this meant?

After the yearbooks
came out,

she saw it and asked,

so I told her.

Malpractice claims involving
anesthesiologists are common.

Virtually every surgery
requires anesthesia,

and it can be the most dangerous
part of the operation.

There are inaccurate dosages,

IV positioning injuries,

improper
intubation placement.

So you've studied Juliette
Tersey's case file then?

In my opinion, the conclusion
of the medical licensing board

was correct--
Dr. Davis was negligent.

And Dr. Davis was reprimanded.

Yes. And I agree
with that decision.

It was the appropriate step
to take.

What about the overdose?

Again, I agree
with the board.

In my opinion,
it was accidental.

Thank you, Doctor.
Nothing more.

Your Honor, the people have
no questions for this witness.

Dr. Harrison,
you're excused.

Your Honor, we see
Mr. Hellmann has a number of expert witnesses

scheduled to testify.

Four more, Your Honor.

All board-certified
anesthesiologists.

Guaranteed to put us all
to sleep, I'm sure.

In order to
spare this court

and the jury the tedium
of redundant testimony,

the People will stipulate
to the rest

of Mr. Hellman's
expert witnesses.

It's fine by me, sir.
So ordered.

The sworn statements will
be entered into the record,

and court
is adjourned for today.

Hellman kicked our butts
with his expert witnesses.

Most I could do was
damage control by stipulating.

At least the jury
didn't hear it all directly.

I've been talking
to my guy at the D.A.

Turns out a dose of
anesthesia can be off a CC,

and it won't affect
the operation.

Any more, and the patient wakes
up during the procedure, right?

And we haven't found
any evidence of that with Dr. Davis' patients.

But here's the thing.
If it is off a CC,

patient gets
through surgery fine,

but wakes up with severe,
acute, really bad,

more-than-normal post-op pain.

There wasn't anything about
acute post-op pain in the file.

Those ended at the surgery.

We never subpoenaed
the post-op files.

The subpoena was researching
for stolen drugs.

And the post-op files were
outside of those parameters.

You're thinking she might have
given some of her patients

less anesthetic
than she should have.

My DEA guy said this would be a pretty
smart way for Davis to go.

Untraceable, almost
impossible to prove.

If she skimmed a cc a piece from
a half a dozen of her patients

and stockpiled enough sufentanil
to kill Juliette Tersey...

We'll need to get
another warrant.

You get it, we'll go
back to the clinic.

Prosecution rested.

If you find anything,
we'll need to petition the judge to reopen the case.

See if we find anything first.

Friday night.
I've got dinner plans.

You're welcome
to leave anytime.

We'll just make
ourselves comfortable.

What exactly
are you looking for?

Patients of
Dr. Davis who got

sufentanil during
their procedures

and then experienced
post-op pain.

Some patients
experience

pain when they come to.

It's not unusual.

Here's one.

Female patient got
a mini face lift,

complained about pain
in recovery,

recovery nurse gave her
additional meds.

Here's another.

Breast implant surgery,

complained of pain in post-ops,
also one of Davis's patients.

Two in two weeks,
both Davis's patients.

TAYLOR:
Like I said, it happens.

A lot apparently.

Sufentanil for surgery,
also post-op pain.

This one also got
additional meds in post-op.

I don't understand.

Make that six patients in one
month, all Dr. Davis's patients.

Oh, my God.

Six cc's.

THAT"S ???

???

in the death of
Juliette Tersey.

The prosecution rested its
case on Friday, counselor.

MAUREEN:
Your Honor, we found medical records that suggest

the defendant was
stockpiling sufentanil.

We can prove she did so in order
to kill Juliette Tersey.

HELLMAN:
Your Honor, this evidence is highly prejudicial

Now, it should have been turned
over to us during discovery.

Why wasn't this evidence
made available to Mr. Hellman before trial?

The court limited
the original subpoena

because of doctor-patient
privilege.

We didn't access to Mrs. Davis' post-op records until now.

So you lost
an evidentiary motion.

It doesn't give you the right to sandbag a defendant

on the eve of a jury verdict.

This could determine the entire outcome.

If we would have known
of this evidence,

we would have employed
an entirely different strategy.

I agree with Mr. Hellman.

Allowing these records would pave the way
for an appeal.

This evidence
was foreseeable.

People should've asked
for a broader subpoena.

I'm ruling in favor
of the defense.

Motion denied.

I went to high school
with Juliette,

so when I was a guest
at the country club

we struck up a casual
acquaintanceship again.

And when you applied for
membership at the country club?

She offered to help.

And when that membership fell through,

did you harbor
any animosity towards her?

On the contrary.

I was grateful.

And when you failed
to read her chart properly,

or adjust the dosage
of sufentanil...?

I had no intention
of harming Juliette.

It was a terrible
mistake.

I wish with all my heart
I could do it over,

have that moment back.

Thank you.

Your witness.

Are you often distracted during
an operation, Dr. Davis?

Every once in a while.

How long have you been
an anesthesiologist?

Eight years.

Ever been sued
for malpractice?

No.

How frequently do you administer
sufentanil to your patients?

In an average week,
I do 20-30 surgeries.

I use sufentanil
about half of them.

So is it fair to say that for
the past eight years,

ten to 15 times a week

you've administered the drug
sufentanil without incident?

Yes.

And the one and only time
you've given

a lethal dosage to a patient

it was to Juliette Tersey.

Yes.
The woman who scorned you in high school,

the woman who made you feel
rejected all over again at her country club,

the woman who let you down
after setting you up.

Your Honor, perhaps Ms. Chase could let
the witness testify.

I'd be more than happy
to let her answer the question,Your Honor.

Which question was that?

Perhaps counsel can refresh our memory.

Was that just a coincidence,
Dr. Davis?

I'm sorry?

How is it that you
happened to make your one and only lethal error

on a patient with whom you had a history of antagonism
and humiliation?

I never bore her any ill will.

Juliette trusted me
with her life.

I'm the one who
let her down.

You're not the victim here,
Dr. Davis.

Your Honor.
No further questions.

JUDGE:
Redirect?

The defense rests, Your Honor.

Your Honor, we'd like to call
Dr. Jennifer Taylor to the stand

as a rebuttal witness
to Stephanie Davis' testimony.

Sidebar, Your Honor.

Chambers.
The court will take a 15-minute recess.

She's retrying the motion,
Your Honor.

It's an obvious ploy
by the prosecution to reopen the case.

The defendant opened
the door, Your Honor.

She said she was distracted
every once in a while.

We would like to rebut
her testimony.

The plastic surgeon
she worked with, Dr. Taylor,

will testify that
in her experience,

she never saw Davis
distracted.

Well, the defense is happy
to stipulate

to Dr. Taylor's recollection.

With all due respect,
Your Honor,

since the defendant
testified to it,

her first-person account
will carry far more weight

than any instructions
from the bench.

It is the state's right
to rebut testimony.

Whether she was distracted
goes to the heart of the matter.

The right to rebut testimony
is black-letter law.

Cuts both ways, counselor.

Based on your observations
of Dr. Davis' work,

have you ever seen her make a similar mistake?

No.

How often do you
have patients

come out of surgery
with more than usual pain?

No more than one a month
on average.

Have you ever had six
patients in one month

experience post-op distress?

No.

Dr. Davis did.

Yes, according
to their charts,

in the month before she
assisted me in the operation

that led to
Juliette Tersey's death,

these six particular
patients of Dr. Davis had acute,

more than normal,
post-operative pain.

And what conclusion
would you draw from that?

Objection.

I'll allow it.

Doctor?

That they were under medicated
at the time of their surgery.

What drug did Dr. Davis use

as her anesthetic in those six operations?

Sufentanil.

Could she have withheld one cc sufentanil

per patient, per surgery

and stockpiled
it for future use? Objection.

Speculative.

I'll allow it.

Doctor?

Difficult.

But not impossible.

Not at all.

In the case of The State of
Indiana v. Dr. Stephanie Davis

on the count of murder,

the jury finds
the defendant guilty.

Sentencing will take place
two weeks from today.

The defendant is remanded.

"Your Honor...

"thank you for allowing me
a chance to address the court

"on behalf of my mother...

Juliette Tersey."

When I was nine years old,

I told this girl,
Eleanor Steinman,

that she wasn't allowed to eat
with us at lunch.

My mom found out

and she made me invite her over
every single Friday

just so that we could
become friends.

If I ever had a birthday party,

I had to invite
the whole entire class...

so that no one would
feel left out.

My mom told me that...

that she was way too popular

and that she was way too spoiled
when she was in high school.

That she didn't want me
to be the same way.

My mom, she must've felt bad
about what she did to Dr. Davis.

I think she also felt that
Dr. Davis would've forgiven her.

My dad told me that in order
to get a conviction

Ms. Chase would have to tell
the court about

how my mom had been back then.

I just...

I just thought
you should know how she had been to me.

You are a very
brave girl.

Well, she gets it
from her mother.

Well, thank you
for everything.

You have no idea how much
you've done for us.

That was a nice thing
for him to say, don't you think?

I don't think he was
talking to me.

CONLON:
It's funny how selective our memories can be.

I couldn't name half
my law school friends,

but I remember vividly
anyone who's ever crossed me.

Including grudge boy?

Especially grudge boy.

You guys got me
thinking about him.

Maybe it's time
I called him up

and apologized
for what I did.

What you did?

We were once chasing
the same girl.

Do tell.

Well, he had
a big paper due,

and he beat me to the punch,
he asked her out.

Now, I had a terrible
crush on this girl.

So I deleted his paper
from the computer.

(chuckling):
No, you didn't.

I did.

So he spent the evening
rewriting the paper

and I went out with
the girl.

So what happened to her?

It didn't work out.

We were together for a while,
but, you know, in the end...

Maybe it was karma.

I'd like to talk
to this woman,

ask her a few things.

That's unlikely
to ever happen.

Are you scared she'll
tell me some good stories about Jimmy Conlon?

No, it's just that
she doesn't live here.

She's back in New York
raising our daughter.

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