All language subtitles for Law & Order s03e06 Helpless.e

(narrator)
In the criminal justice system,

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

The police
who investigate crime,

and the district attorneys
who prosecute the offenders.

These are their stories.

Well, I'm sorry
for the wait.

Oh, it's okay.

Uh, did you bring
the menstrual chart we gave you?

It's right here.

And, uh, your last period,
it ended...

(Olivet)
Saturday.

Well, pretty sporadic, huh?
Cramps still abnormal?

Yeah, it's... it's never been
like this before.

Well, let's take a look,
shall we?

Will you lie down?

[Water running]

Um, come a little closer,
please.

Fine, fine, fine, fine, fine.

Okay.

[Exhaling]

Eternity?

What?

Your perfume.

Am I right?

Uh-uh. Uh-huh.

I've always loved Eternity.

Smells of clean sheets.

Relax, relax.
You're tensing.

How does that feel?

Fine.

Just fine?

What do you mean?

It should feel good.

Well, it doesn't.

Ah, yes.

Please don't do that.

Yes, right there.

I said to stop it!

We're gonna have to do
an endometrial biopsy as soon as possible.

What?

It's a diagnostic procedure.

At your age
cancer can become a consideration.

Cancer?

We can't
rule it out.

You can schedule it
with Miriam on your way out.

[Phone ringing]

[Sighing]

[Phone ringing]

I know the difference
between being examined and being molested.

Did you confront him
with it?

I mean, was he aware?

He knew exactly
what he was doing.

[Car horn honking]

[Sighing]

How do you know?

Afterwards he tried
to intimidate me by bringing up cancer.

We'd never talked
about cancer before.

It was a threat.

What did he actually do?

What do you mean?

Well, he's a doctor.

Isn't he supposed
to touch you?

Um, isn't that his job?

I've been seeing
a gynecologist since I was 15.

It never made me
feel dirty.

Did she run this
by Sex Crimes?

Yeah, I wish to hell
she had gone to the One-Nine.

But the fact is
she came to us.

You can't blame her.

Something like this happens,
you go where you have credit.

Okay.

So, we spend what?
Two, three weeks

running this thing
around the block.

Maybe we get
some DA to prosecute,

maybe he gets lucky
and we convict him.

Best-case scenario,
the guy gets six months.

Worst case, a $500 fine
and a "Don't do it again."

Any way you toss this,
it's Sex Abuse Three. It's a misdemeanor.

Yeah, but if you add up
the misdemeanors.

That's a big assumption, Phil.

How many
one-time sex offenders do we know?

I mean, if he's
gonna do this to Liz...

Oh, I doubt
if he knew that she's our in-house shrink.

I say, we at least see
if anyone else ever complained.

But by the book, fellows.

Just like
any other victim.

[Phone ringing]

Latest in
get-rich-quick schemes: Sue your doctor.

You know how many complaints
we get a year?

You don't wanna know.

You're wrong.
We do.

Merritt, Alex J., MD.
What do you have?

Complaints are confidential

unless, of course,
disciplinary action was taken.

Well?

Well, that's hard
to say, too.

Disciplinary files
are routinely destroyed after five years.

Mr. Hauser,
we are not paid by the hour.

Was there any
disciplinary action

taken against Dr. Merritt
in the past five years?

I've had teeth
pulled easier.

(Hauser)
Gentlemen, you've hit the mother lode.

You got something?

(Hauser)
No. You do.

This guy's
got more blue ribbons than Betty Crocker.

Member: Ethics Committee,
State Medical Association.

Privileges at only
the best hospitals in the city.

Hospitals? Plural?

'90 to present,
Mercy Hospital.

'88 to '90,
Manattan General.

'83 to '87, St. Luke's,
etcetera, etcetera.

This guy
can't sit still.

Big shot like that,
hospitals fight over him.

He signs a contract
for five years then he's a free agent.

He's off
to the highest bidder.

[Phone ringing]

Excuse me.

I hope to God
these free agents

do a better job
than the ones out at Shea.

You bat 310,
everybody's happy, you play out your contract.

You go down to 220,
whoa, everybody's looking for a trade, right?

This guy said
Merritt signed five-year contracts.

So his last gig...

Manattan General.

He was there from '88 to '90.
Three years.

Could be our good doctor
was in a major slump.

Alex Merritt
is one of the best.

So why'd you let him go?

We're aware that doctors
of his caliber usually sign on for five years.

Dr. Merritt left
after three.

Was
an administrative decision.

His or yours?

Dr. Merritt lives uptown.
We're downtown.

Maybe he, uh,
was unappy about the commute.

(Cerreta)
What about his patients?

Were they happy
when he got here?

Dr. Merritt has
a fine practice.

Whatever you're thinking,
you're wrong.

I tell you
what I'm thinking, Doc.

I think your esteemed
colleague screwed up.

Now you cover his rectum
and he covers yours.

We could
subpoena your records, Dr. Reitman.

Don't bother.
You want his file?

Take it.
There's nothing in it.

At the academy
we had the honor code.

If you knew
somebody was cheating, you had to turn him in

or it was your butt
that got burned. These guys put in

an extra four years of school,
everybody's looking the other way.

Everybody's nervous
when they're lookir down the barrel of a lawsuit.

Doctors may not wanna talk.
I'm not so sure about patients.

Especially the unappy ones.

A Park Avenue medicine man
like Merritt.

I figure he doesn't
do his own billing.

Would the billing service
put an asterisk

next to the names
that are molested?

Let me ask you
a question.

They overcook your macaroni
in an Italian restaurant.

You ever go back there?

Let's check
the billing service.

I tell you,
this guy's patient list reads like the Forbes 400.

At $150 a pop,
the good doctor should be at the top of the list.

Here we go.
Donna Marx.

Regular visits
every four months until last July.

Nothing since.

Maybe she got cured.

Of being a woman?

Hold on.
Listen to this.

Diane Perkins.
Clockwork until last May.

Ever since
the clock stopped.

When it rains... Laura Todd.

Three times a year
for three years.

Nothing since April.

Well, hey, I'm ready.
Let's go.

Okay. First stop, Marx.

She's on 21st.
Around the corner

is the best marinara
west of Naples.

(Logan)
So what about Dr. Merritt?

What's he done now?

Excuse me?

Alex certainly likes
to live life on the edge.

Every now and then you slip.

Just how far out on the edge,
Miss Marx?

Wouldrt go there
without a parachute.

Last May.
Uh, did he do anything to you?

(Cerreta)
We know the billing stopped in May.

Just because
he stopped billing me

doesn't mean
he stopped treating me.

Oh, he worked
pro bono, huh?

Let's call it
an even swap.

But that ended six,
eight weeks ago.

(Cerreta)
If Dr. Merritt did something to you,

there's no point
in protecting him.

I don't give a damn
about Dr. Merritt.

Look, we played doctor,
all right? It was good while it lasted.

But eventually his yang
got tired of my yin.

This started when you
were his patient?

Love in the stirrups.
Exciting for a while,

but hell, now I'm seeing
my plastic surgeon.

You only date doctors?

Why not? Something breaks,
they can fix it.

My daughter
is heavily sedated.

I believe that
talking to her now would have little value.

Did she ever talk to you
about her gynecologist, Dr. Merritt?

Diane has been
struggling for years with mental illness.

She talks about
a lot of things.

At this point we don't know
what's real and what's not.

We would really like
to talk to her.

You understand
she's recovering from a suicide attempt.

I promise we won't
push your daughter, Mrs. Gaines.

[Clock chiming]

[Birds chirping]

(Gaines)
Diane?

Is it hot outside?

Diane, we'd like to ask you
a few questions about Dr. Merritt.

Yes,

it's always hot
in his office.

Diane, do you remember
the last time you went to Dr. Merritt's office?

I wore a blue cotton sundress

and no makeup.
He liked that.

He smiled a lot.

You bought me
that dress, Mom.

It was my favorite.

[Dog barking]

[Child mumbling]

Do you always change horses
in midstream?

No way he'd get near me
or my baby.

Merritt molested you?

Who the hell knows?

I was in so much pain,
he could have amputated my leg

and I wouldn't have felt it.

You ever have root canal?

It's not one of
my fondest memories.

Well, imagine it
without the gas

and on places
a whole lot more sensitive than your teeth.

He performed laser surgery
without anesthesia.

But did you report this
to anyone?

The brass
at Manattan General know me by name.

The State Medical Board
tells me everything was by the book.

Simply the doctor's choice.

I read about guys like this.
But who'd think

they'd have MDs
next to their names.

Dr. DeSade.
The guy's a sadist.

[Car honking]

There's a reason
complaints by the public are kept confidential.

It's called CYA.

If we disclosed
every complaint by every crackpot,

no one would feel comfortable
visiting any doctor.

When you buy a car,
it's caveat emptor. But a doctor is...

Is human.
Which means sometimes he makes mistakes.

Are you saying
Merritt made mistakes?

I'm saying
some patient's temperature stays at 98.9 for two weeks,

first stop is my committee
where they file a 200-page complaint

with affidavits from everyone
from Aunt Susie to Rover's vet.

I can't be expected
to take them all seriously.

What about surgery
without anesthesia?

Yes, Miss Todd complained
about Dr. Merritt's procedure.

Yes, we took it seriously.

But no, he did not
do anything wrong.

I thought "bite the bullet"
went out a long time ago.

A lot of people
who die during surgery,

die because of the anesthetic.

My committee reviewed
Dr. Merritt's actions.

We concluded
that everything he did

was in the best interests
of this particular patient.

Oh, good. So only
the patient didn't agree.

You get the feeling
we're chasing our tails here?

The Medical Board
may keep its complaints a secret.

But the State Supreme Court
does not.

Maybe this guy was sued.

Liz. Is she all right?

She is a psychologist.
If anybody's trained to handle it, she is.

Nobody trains you
to be a victim.

Merritt. Two R's, two T's.
Alex J.

How far back
should I go?

What is he,
about 50?

How about 1973?

Merritt vs. Merritt.

Coincidence?

A matrimonial.

(Celia)
The doctor's wife.

My generation,
that was as good as it got.

I guess it wasrt that good.

Marriage. Tried it once,
didn't like it.

Maybe it's who
you were married to, Mrs. Merritt.

When we divorced
Alex took the car, the furniture.

I threw in the name
for free.

I'm back
to being Celia Walsh.

So how long were you married,
Miss Walsh?

Well, we met his first week
at medical school.

I was a junior.

The day after I graduated,
we married.

The day he completed
his residency, we divorced.

Six joyous years
that took me 10 years of therapy to forget.

Your husband abused you?

It's odd what one endures
under the heading of love.

I guess I should be happy.
I survived.

The second Mrs. Merritt
wasrt so lucky.

[Phone ringing]

What the hell is this?

That's Teresa Merritt.
The doctor's second wife.

They were only
married two years.

(Logan)
ME called it a suicide.

She's only 23 years old.
Overdose.

(Cragen)
What, you think Merritt drove her to it?

Come on, Donny.
She was sending a message.

Yeah, she's into kink.

Or maybe not.

Found her
in the doctor's office.

The hood: Uniform of choice
in your finer S & M clubs.

Well, was the hubby in town
when this happened?

Nope. In Vancouver, lecturing.

But this tells us
something about him.

Obviously he's a sadist.

My guess: The wife
didn't like it anymore.

Like it, not like it.
Where's the crime?

A doctor who likes
to hurt people...

Hey, wait... wait.
Wait a minute.

Liz never said anything
about getting hurt.

She said he touched her.
Period.

Whatever track you're on here,
I think it's the wrong one.

Hey, we're barely out the door
and already we got this.

Well, if you had any evidence
that the guy was dangerous...

Maybe we do.

[Phone ringing]

Hmm.

I knew the man was creative,
but I never dreamed he was into this.

What's that, Miss Marx?

Voyeurism.

Hope to God
I'm not in any of his photo albums.

Dr. Merritt didn't take these.

These are police photos
of his dead wife.

She killed herself
in his office.

Now I see why he wouldn't
let me wear a hood.

You're into...

Don't knock it, sweetie,
until you've tried it.

So why'd you leave him?

Nothing turned Alex on
like fear.

When I was scared of him,
his rockets fired.

It was great
until he said "boo," and I didn't jump.

So he dumped you?

I may be kinky,
but I'm not crazy.

Thanks, Sandy.

He's a lifetime member
of the Marquis Club.

And I'm a member
of the Elks.

Are you gonna
arrest me for it?

There's a big difference,
Donny.

At your monthly meetings
nobody ends up bruised.

It's a private club.
Consenting adults.

Nobody's breaking the law.

Not when one of the adults
doesn't consent.

You show me one.
I'll arrest the guy myself.

Look, I think we can use
some of this stuff

as ammo in Liz's
molestation case.

It shows intent.

And maybe I can
squeeze an apple and get orange juice.

One has nothing
to do with the other.

In a court of law
it's called inadmissible.

The guy is dangerous.
If he hasn't crossed the line yet, he will.

And then we'll arrest him.

I'm sorry, fellows,
without more the DA can't prosecute.

And it's not a good idea
to tell Liz

about Merritt's
extracurricular activities.

Yeah. Why should she know
how lucky she is?

We talked
to everybody we could.

If there were
others who were molested, they're not talking to us.

That's not unusual.
For most women,

it's too devastating
to even think about.

And if they won't come forward
our hands are tied.

Well, I've come forward.

So what's next?

Did you talk to Stone?

The DA's office said
that getting an indictment

would be like
climbing Mount Everest.

What the hell does that mean?
This guy is not gonna stop.

As long it's just
your word against his, they will not proceed.

[Siren wailing]

(Dr. Merritt)
Call the lmaging Center, schedule an ultrasound.

So, how are we today,
Elizabeth?

Uh, little nervous.

Oh, don't be.
It'll all be over in 30 minutes or less.

Uh, would you lie down,
please?

I'm gonna give you a local.
Miriam.

Lidocaine.

(Olivet)
Oh.

Relax.

Chances are
you won't feel a thing.

At most a little discomfort.

Okay. That'll be all.

[Groans]

All right, we'll just give it
a couple of seconds.

[Panting]

I... I can't

[gasping]

...move.

(woman on PA)
Dr. Marcus, please report to Recovery Unit Four.

Victim walked in
about 40 minutes ago.

Vaginal pain. Soreness.

Calm as Cayuga's waters,
but that's no indication.

She was raped?

There was penetration,
ejaculation,

no wounds,
but lots of heavy bruising.

He left finger marks
on her thighs.

When Forensics
runs the samples,

we'll know all about the party
of the second part.

I already got a name.
Dr. Alex Merritt.

Gonna make
for some interesting dinner conversation.

My wife's an OB.
Merritt was the lead examiner for her comprehensives.

You guys excuse me?

Why do I feel
like taking a shower?

Mike, we didn't tell her
to go there.

I'm gonna call the lab.

See if we can get this thing
put on the top of the list.

[Knocking]

You okay?

I've had better days.

Run the kit, Mike.
Lock the bastard up.

Yeah, well...

You know, I gotta ask you.

What were you thinking,
going back after what he already did?

That makes a difference?

Of course it does.

Somebody had to stop him.

He drugged me. I don't know.
I think it was diazepam, I don't know.

Doesrt that remove
any question of consent?

Doesrt that make it Rape One
no matter how you cut it?

You know what's coming.

You've been there.

He'll be on the stand

claiming you asked
for the drug, that it put you in the mood.

Well, he can claim
whatever he wants.

Here. People's Exhibit One.

She taped it?
She's a Ph.D.

She should've had more sense
than to go back there.

She didn't figure
on being shot up

with a sedative
and then getting raped.

Our problem is that
the sedatives wear off.

Blood scan?

Nothing.

Let's hope
the good doctor's a talker.

(Dr. Merritt on tape)
Oh.

Oh, yes.

[Dr. Merritt moaning]

Ah, this is what you wanted.

Yeah.
You begged for it, bitch.

Be tough talking his way
out of that.

Well, I think we may be
the ones doing the fast-talking.

A crime committed
against someone

who works for
the police department.

Knee jerk defense.
Entrapment.

Yeah, but she went in
for a biopsy, for God's sake.

She wasrt there
for an examination.

She took that tape recorder.

There's no law
against an ordinary citizen gathering evidence.

She's not
an ordinary citizen.

She works for us.

Only when we ask
for her help.

Phil, tell me honestly,
was Liz working

on behalf
of the Police Department?

Absolutely not.

Arrest the son of a bitch.

How ironic.

Excuse us, gentlemen.

(Dr. Merritt)
Uh, just a moment.

There's a meeting
going on here.

Please stand up, sir.
What?

Dr. Alexander Merritt,
you're under arrest

for the rape
of Elizabeth Olivet.

You have the right
to remain silent.

Anything you say
may be used against you in a court of law.

Tell Miriam to call
my lawyer, will you?

You took the words
right out of my mouth.

The victim ID'd
her assailant. Samples match.

I'd say we're in
pretty good shape.

And I'd say Judge Silver
doesn't agree.

Why else would he
grant my motion

to close the courtroom
to the press, hmm?

Obviously he doesn't want
to destroy an innocent man.

He hasn't heard evidence
to the contrary.

What evidence?
The woman asked me to...

And you drugged her.

Drugged her with what?
He gave her a local.

That doesn't prevent her
from screaming.

The victim said
it was a sedative.

Oh, please.

You take the word
of an hysterical woman

against your own
Forensics experts.

Come on, Ben.

They had a little fun
in the afternoon.

It cannot be rape
when both parties consent.

I saw the bruises.
I heard the tape. I didn't hear consent.

Mmm-hmm. And you didn't hear
something else, either.

You didn't hear
the word "No."

The woman gets naked,
she spreads her legs,

and then she turns on
a tape recorder?

Didrt I read that
in last month's Penthouse Forum?

Danielle, she suspected
something would happen.

Gee, Ben, now I know
why you're living alone.

Fact: The only woman who
would knowingly put herself

in a position to get raped
is a policewoman.

So please, go ahead, fellows,
use the tape. You will open a can

and a hell of a lot
more than worms are gonna crawl out.

I will give you a hint.
It begins with "E," it ends with "T."

And I do not
mean entertainment.

(Dr. Helman)
There were semen samples.

Her vaginal area was bruised.

And there were haematomas
on her calves and thighs.

Would you identify
these photographs, Dr. Helman?

Yeah. They are the photos
that our rape expert took of Dr. Olivet

shortly after she arrived
at the hospital.

Offered as evidence,
Your Honor.

Call them
People's 10, 11, and 12.

Dr. Helman, in your opinion,
what happened to Dr. Olivet?

I've been doing
this for six years.

In my opinion,
that woman was raped.

Thank you.

In your six years
of experience, Doctor,

have you ever seen a patient
with vaginal bruising who was not raped?

Yes.

And did your rape experts
scrape underneath

the fingernails
of the alleged victim?

Yes.

And did they find samples
of the defendant's skin?

No.

Well, doesn't that
typically indicate

that the alleged victim
did not resist?

It might...

In other words,
she might have consented.

Objection.

Withdrawn.

(Dr. Merritt)
Now we'll give it a couple of seconds.

[Olivet groans]

(Olivet)
I... I can't move.

[Dr. Merritt moaning]

(Dr. Merritt)
Oh.

Oh, yes.

Ah, this is what you wanted.

Yeah.
You begged for it, bitch.

[Dr. Merritt moans]

Would you describe
what we just heard on the tape.

I was on the table
in the examination room.

Dr. Merritt's nurse,
Miss Gregg,

prepared a syringe
and then left the room.

He gave me an injection.

Were you aware that drugs
were gonna be part of this examination?

He told me
it was a local.

I've had minor surgery before
and that wasrt a local.

It was some kind of sedative.

Objection, Your Honor.

Sustained.

How did it make you feel?

I couldn't move.

Were you conscious?

I saw everything he did.

And what did he do?

His eyes glazed over.

I heard him unzip his pants.

I tried to scream,
to push him away. I couldn't.

He was on top of me,
then inside me.

No further questions.

Miss Olivet.
Would you tell the court, please,

exactly what you did
after you left Dr. Merritt's office?

I called the police
and went to the hospital.

You dialed 911?

No. I called
Det. Michael Logan.

But you were on 76th.

Wouldrt it have been easier
to call the 19th Precinct?

I have a personal relationship
with Det. Logan.

You have more than that,
don't you, Miss Olivet? You work with him.

I've advised on...

Oh, come on, come on.

Every other Friday
your paycheck says

New York City
Police Department. Is that not true?

Yes.

Would you tell us, please,
who is Dr. Barbara Lawrence?

Miss Olivet?

She's my doctor.

What kind of doctor?

She's a gynecologist.

(Melnick)
I see.

And she's been treating you
for the last 12 years?

Yes.

And when was the last time
she examined you, please?

Last September.

Yet you saw Dr. Merritt
once in August and two times in September.

Do you see two dentists,
too, Miss Olivet?

Objection.

Sustained.

How about Diane Perkins?

You recognize that name?

Relevance.

Your Honor,
Diane Perkins is a patient

of both Dr. Olivet
and Dr. Merritt's.

The jury will disregard
Miss Melnick's statement

and I'll see counsel
in chambers.

I don't see
how it's relevant.

It is when you guys
are out to play sting.

Your Honor,
my client was entrapped.

Explain, Miss Melnick.

Six months ago, Miss Perkins
underwent a routine pelvic.

Only, she freaked out.
She claimed that Dr. Merritt molested her.

In other words, your client
was predisposed to sex crimes.

This woman file charges?

(Melnick)
Of course not.

She thinks the guy
on the 6:00 news is making eyes at her.

This woman has deep rooted
psychological problems.

So it's no surprise
that she's a regular at Dr. Olivet's.

But the problem is,
the therapist believed the patient's fantasy.

And now Dr. Olivet is out
to destroy a mars life.

I'm sorry, Ben,
but the rantings of one disturbed woman

may be cause for suspicion,
but it in no way establishes predisposition.

You plan on putting
Miss Perkins on the stand?

She won't waive
her doctor-patient privilege.

Then no one else
will do it for her.

There'll be
no further mention

of Diane Perkins
in my courtroom.

Count your blessings, Ben.

If this were admissible,
we'd all be going home right now.

What the hell
is going on?

I was raped.
That's all you needed to know.

It would've helped to know
the alleged victim was lying.

I never lied to you.

The only reason
you went to Merritt is for Diane Perkins.

That has nothing to do
with me being drugged and raped.

It had a lot to do
with why you were raped.

You want to know
why I went back?

I sent Diane to Merritt.

My gynecologist
wouldn't see her,

and I bought
into his reputation.

The awards, the articles.
I was responsible.

But you did it the wrong way.
If you suspected she was molested,

you should have gone
to the police.

With what?
She refused to come forward.

I didn't know
whether to believe her. She's been delusional

and she certainly
couldn't have testified against the esteemed doctor.

She tried
to kill herself, Ben.

You of all people
should know the importance of full disclosure.

You had a legal obligation.

I had an obligation
to my patient.

And in my profession,
that's all that counts.

It happens.

Especially with someone
like Dr. Merritt.

I mean, women just fall
for their gynecologists.

Was Miss Olivet
one of these women?

I guess so.

Miss Gregg,
describe for us exactly

how Miss Olivet
acted toward Dr. Merritt.

She got very personal.

And isn't getting personal
part of the examination?

No. It was different.
The way she talked.

She was definitely
interested in more

than an examination
from Dr. Merritt.

Objection.

(Judge Silver)
Sustained.

No more questions.

Miss Gregg, how long
have you worked for Dr. Merritt?

Almost three years.

And what is
your annual salary?

$40,000.

Are you a registered nurse?

No.

And if Dr. Merritt
were convicted

would you be making
that much money with any other doctor?

Objection.

Withdrawn.

Of course you didn't hear
the flirtations on the tape

that occurred in my office,
prior to the examination.

Was this the first time
she was friendly?

Miss Olivet's dialogue
was suggestive from the moment we met.

As a matter of fact,
she called me earlier in the day

and it wasrt about
her scheduled appointment.

I shouldn't have
made love to her. I realize that.

I regret it.
But there's no way in hell that I raped her.

Thank you, Doctor.

Doctor, your nurse,
Miss Gregg, testified

that many of your patients
become suggestive with you, is that true?

Yes.

Was Dr. Olivet the only one
you ever had sex with?

Objection. Relevance.

Offered to show
defendant's predisposition, Your Honor.

The defendant
is predisposed to have sex. He is a human being.

The issue here
is whether he had non-consensual sex.

Sustained.

Then tell me about
your second wife, Doctor.

Specifically,
why she killed herself wearing a leather hood.

(Melnick)
Objection. Relevance.

Your Honor,
the defendant tends

towards aberrant
sexual practices.

And this is offered
to show his predisposition to criminal sexual behavior.

Approach.

Whatever my client
may have done with consenting adults

is not criminal
sexual behavior.

The mars hobbies
are not relevant.

Try it again,
and you're looking at a mistrial.

The objection is sustained.

The jury will disregard
the preceding question.

Dr. Olivet testified
that after the injection

she was left immobile,
nearly unconscious.

Is that a typical reaction
to an anesthetic, Doctor?

Some people
have allergic reactions.

I gave her a local.
A small dosage of lidocaine.

It was for her own benefit.

Do you usually anaesthetize
your partners before sex, Doctor?

Objection.

Withdrawn.

Do you call all
your women bitches, Doctor?

Your Honor!

Enough, Mr. Stone.

Madam Forewoman,
have you reached a verdict?

We have, Your Honor.

On the sole count
of the indictment,

Rape in the First Degree,
how do you find?

We find the defendant guilty.

[People applauding]

Is this unanimous?

It is, Your Honor.

It is your job to listen
to all of the evidence,

not pick and choose
at your whim.

The evidence
clearly established

that but for the actions
of the police,

Dr. Merritt would never
have formed the requisite criminal intent.

And the State
utterly failed to demonstrate

that the defendant
was predisposed

to criminal behavior.

Your Honor...

When a respected doctor

without any prior tendency
towards criminal behavior

is induced,
and very possibly seduced,

into committing a crime,
it's an outrage.

I, for one,
will not ruin a mars life

because the police
overstepped their bounds

and a jury is too blinded
by graphic photos

and emotional testimony
to see it.

As such, I'm entering
a trial order of dismissal.

[Laughing]

[People chattering]

He could just disregard
the jury's verdict?

If he feels
the jury disregarded the facts presented,

yes, he can.

Yup. We should've
seen it coming.

Hon. Keith Silver
wrote the book On the Rights of the Accused.

He thinks Miranda
five pages too short.

So Merritt
just walks away scot-free?

Oh, there's got
to be others.

What about
that Perkins woman?

I can't imagine
what a trial would do to her.

She's still unable to tell me
exactly what happened.

What do we know
about that nurse?

I know she lied
for him on the stand.

Job's that good,
it's won'th jail time?

You think he's got
something on her?

I thought
you can't retry him.

Not for what he did to you,
but we do know the doctor has a history.

Check out Nurse Gregg.

Miriam Gregg.
It's no wonder she's attracted to the medical profession.

Two drug convictions,
using and selling,

mostly prescription,
mostly Percodan.

I'm sure Dr. Merritt
has an unlimited supply of that.

So he bought her help
and protection.

She prepared the syringe.

She knows it was a sedative
not an anesthetic.

Unfortunately, the drug scan
can't confirm anything.

Well, maybe Nurse Gregg
is not up-to-date

on the latest
in forensic science.

You're accusing me
of rape?

Gee, sorry, fellows,
but I like my sex the old-fashioned way.

No, I'm sorry,
Miss Gregg.

You prepared the syringe
and it wasrt an anesthetic.

Makes you an accomplice.

You can't prove anything.

Science is a wonderful thing,
Miss Gregg.

FBI tells us that the new
gas chromatography tests

can prove that it was
a sedative in the syringe.

The good news is that
your Percodan supply's dried up.

Better news is that
we have enough evidence

to prosecute you
for Rape One.

You mean he gets his jollies,
and I have to go to jail?

For at least 25 years.

We're not talking
about only one count.

But, wait a minute.
That Perkins woman, he did that on his own.

If I was raped
why don't I remember?

You know, I think
I'd remember being raped.

I wanted to shut it out, too.

Just act like
it was a bad dream.

It won't go away, Diane.

I think it was someone else.

I don't think
it happened to me.

I know.

I felt like
it was someone else, too.

Like I didn't exist.

I...

I had these terrible cramps.

What kind of cramps?

I don't know.

He was sweating,
and all I could think of was:

It's not hot in here.
Why is he sweating?

My feet were in the stirrups.

L... I tried to get away
but l... I couldn't.

He just left me there

with my legs up.

[Crying]

He didn't say anything.

He just snapped off
his gloves.

He threw them away,
and he walked out.

He left me there
like I was a piece of garbage.

It wasrt your fault, Diane.

She remembers,

but putting her
on the stand would be disastrous for her.

With the nurse
to corroborate,

all she has to do
is say it happened.

(Olivet)
Merritt's lawyer will destroy her.

She thinks
she's responsible. She thinks she seduced him.

That's ridiculous.

It's typical.

Without her testimony, Liz,
we can't prosecute.

After he raped me,
he just smiled and left the room.

After the acquittal
he had that same damn smile.

It was like he was bragging
to everyone in the room.

"I did it
and I got away with it

and there's nothing
anyone can do."

You mean,
bragging is part of this?

It's what makes
his conquest complete.

Call Cerreta and Logan,
and have Dr. Merritt arrested.

Ben, I told you...

(Stone)
Diane won't have to testify.

And make sure
that the local news knows

when Merritt
will be arraigned.

[Reporters chattering]

Do you think you'll be
successful this time?

I don't go forward
unless I think I have a case.

Yeah, but is it
a good case?

What's the problem?

Dr. Merritt's guilty.
Why has it been so difficult

to successfully
prosecute him?

It's the same
with most rape cases.

Even more so
when doctors are involved.

The victims feel disgraced.
They feel guilty

and they're ashamed
to come forward.

(reporter #1)
There's Dr. Merritt.

Excuse me.

(reporter
Doctor, will you be exonerated of all charges?

(reporter
Could we get a statement please?

I assure you,
I've done nothing wrong.

I treat women,
I don't rape them.

Women respect me.
It's been my success.

Look, this is
a vendetta by the DA's office, pure and simple.

This case
will never get to trial.

Arrogant SOB.

He can afford it.
He's one for one.

You telling the world
that we don't have a case only feeds his ego.

We're working on it, Adam.

We'll have a case.

I hope to hell we do.

Or we'll all be dancing
in front of the disciplinary committee.

I hope this works.

A lot of people watch
the 6:00 news, Paul.

You pursue this, Ben,

I'm going to
the appellate division.

Retaliatory prosecution.

If you are lucky, my dear,
you will just get disbarred.

You do what
you have to do.

(Melnick)
You've been humiliated in court once,

and that was with
a Ph.D. On the stand.

Can you imagine what happens
with a psychopath and a drug addict?

Please, Ben,
drop the charges against Dr. Merritt.

Consider saving
your own career.

When I was a boy
I collected baseball cards.

And there was this one kid

who convinced me
to trade a Duke Snider for a Gene Hermanski.

He said it was a good deal.

What the hell
does that mean?

(Stone)
I learned the hard way.

For a deal to be good,
there has to be equal consideration.

And there's no way
you can cough up enough consideration

to justify a deal for him.

Why?

Fifty-four women
you either raped, molested, or abused.

In the future, sir,
stay off the evening news.

[Sighing]

Okay, Ben,
what do you want?

In a perfect world,
I'd like to see your client

locked in a room for a week
with these women.

But I'll settle
for seeing him

spend the rest
of his life in jail.

I'm faking it.

Faking what?

I was halfway
through a session this morning with this woman

when I realized
I hadrt been listening.

I hadrt heard what she said.

It happens.

Doesrt happen to me.

It'll pass.

Will it?

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