All language subtitles for Law and orer S12E15 - Access Nation

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.

Unbelievable.
That moron in 6B
still doesn't recycle.

The building could
get a citation.

I should drop these
on his doorstep.
What do you think?

Don't be such
a stone-crusher, Frank.

He's just having
a rough time, is all.

What are you talking about?
How do you know?

Help-wanted section.
Circled ads.

Come on, look.
He's got kids
to support, huh?

So, cut the guy
a little slack,
all right?

You're always so quick
to Judge people.

Yeah, well,
if he is not responsible
enough to recycle,

it's probably
why he lost his job
in the first place.

Miguel, give me
your cell phone.

Frank, you're not
gonna call him now,
are you?

No, no, we got
a real problem here.

I didn't know
we were selling tickets
to this one.

They all live on the block,
Detective, they just wanna
know what's going on.

Yeah, well, unless
they're witnesses,

they're gonna have to
read about it in
the paper tomorrow.

All right, you got it.
All right everybody,
let's go.

I'm sorry,
you gotta move it back.

What's the flavor
this morning?

Stabbing. Couple of
maintenance men over there
found her under

a pile of trash bags.

She been out here
all night?

Body temp's ice cold.
Looks like multiple wounds.

Did you get an ID?

Haven't found a purse
or a wallet yet.

Wait a minute. Movie tickets.
From the Trudeau.

The art house?
That's a couple
of blocks from here.

8:00 p.m. show last night.

All right. So, she got out
around 10:00, 10:30,
she's on her way home...

Runs into the wrong guy...
Show's over.

This woman's
really dead, huh?

Well, it ain't
a bad hair day.

I sell, like, 200 tickets
a night. That's pretty hard,
just to remember one person.

Okay, what if
this woman bought them
with a credit card?

Do you have a stub?
Uh-huh.

Yeah, actually,
these were bought
through Moviefone.

It'll just
take a minute.

If you know the name
of the person

you'd like to ID,
press one.

This is the one she saw.
Yeah, Les Artistes d'Amour.

The painter shows why passion
is the highest form of art.

Sound like a date movie.

Sounds like I'm home
watching the Knicks game.

Well... Two tickets.
She had to go
with somebody.

Here you go.

The person's name
on the credit card
is Tracy Conley.

Hey, can I keep this?

Uh, would you just
spell the name
for us, please?

PATRICIA: Tracy was
supposed to come by
for dinner tonight.

Her message is still
on the machine.

It was so rare that we
actually got a chance to see
our daughter these days.

Why is that?

Tracy just finished
her PhD in psychology.

She was always
working so hard.

Yeah, we saw the diploma
in her apartment. Columbia?

She followed in
her father's footsteps.

You're a psychologist?

I mostly teach.
I don't have
a practice anymore.

(SOBS) Her whole life,
she just wanted
to help people.

How God could take away
somebody like that.

We're very sorry, ma'am.
I know how hard it is
to lose a daughter.

Who did this to her?

ED: Right now,
we don't know.

But we think she may have
gone to the movies with
someone prior to the attack.

Who?

We don't know that either.
Right now, we're hoping
to find this person

and that he or she
may be able

to provide us information
about what happened.

Are there any names
that pop into your head?
Maybe a boyfriend?

Tracy never really
shared much about
her personal life.

She was 34,

and we wanted
to see her get married
and have kids.

I think she just got
tired of us asking.

Was there anybody that
you might have asked
about recently?

Last time she said
something about someone
who coached basketball.

At a high school, I think.

But I don't think
it was very serious.

(WHISTLE BLOWING)

Sorry about that,
I just wanted to
get practice started.

It's okay.

Like I was saying,
Tracy and I went out
a few months.

When's the last time
you saw her?

Maybe four,
five weeks ago.

Was this a serious thing?
I mean, you just
seem pretty upset.

Well, there was just
some unfinished business
between us.

Unfinished business?
I was never quite sure
why she left.

Oh, so she
broke it off.

First few months
everything was great.

Then Tracy, she just
backed the hell off.
Stopped returning my calls.

Guess now I'll never
have the chance
to find out why.

Is it possible there
was somebody else?

Could have been
10 other guys,
for all I know.

You never could tell
with Tracy. She was pretty
hard to read sometimes.

Where were you
last night, Matt?
Home.

Anybody with you?

No. I live alone.
I spoke to a couple
of friends on the phone.

I'm sure there's a way
you guys can check on that,
or something.

You know
what the last thing
I said to her was?

ED: What's that?

Have a good life.

Tracy Conley,
34 years young.

Just finished
her dissertation.

Had a therapy practice
up on 60th Street.

The preliminary M.E. report
puts time of death sometime
around 11:00,11:30.

Cause was
multiple stab wounds
to the upper torso.

Multiple as in how many?
Nine.

So we're looking
for an overachiever.

What about witnesses?
Anyone find a weapon?

We should be so lucky.

Nine stab wounds.
What about an EDP?

You talk
to the precinct yet?

Unfortunately for us,
the neighborhood has a clean
bill of mental health.

Do we at least know
who she went
to the movies with?

Well, the ex that we
talked to was at home
with an alibi.

He couldn't tell us
whether she was seeing
somebody else or not.

So, what's next?

Well, talk to
the parents again.

See if we can find out
who her girlfriends were.

If she met someone new,
she may have told
one of them.

All right.

Tracy didn't stay
in relationships very long.

You mean
like with Matt?

He made the classic mistake
they all did with her.

Which was what?

He cared.

Tracy had
a commitment problem.

Whenever anyone got
too close for comfort,
she'd push them away.

Just what you look for
in a therapist.

It never interfered
with her work.

Actually, in a way,
it gave her a little more
insight into people.

Okay, what about other exes.
I mean, did she generally
leave them on good terms?

There weren't any
stalkers hanging around,
if that's what you're asking.

Was there anybody new
on the scene?

Somebody she might have
gone to the movies with
Monday night?

A new guy?
No, I would have
heard about that.

Wait a minute.
You said Monday night?

BRISCOE: Right.

Tracy always spent Mondays
with her little sister.

Her parents never
mentioned anything about
her having a sister.

Tracy and Monique
weren't related.

We tell everyone interested
in volunteering for
Mentor Alliance

that it's more than
just taking a kid out
to lunch once a week.

You are looking
at a potential
five-to-10 year commitment.

That must weed out
a lot of people.

It's definitely not
for everyone.

Tracy was the perfect
candidate though.

Why is that?
She had roots here.

Steady job. I remember
her interview, too.

She said that
she wanted the most
difficult girl we had.

ED: Really?

She said the whole
point of volunteering
was to help someone

before they fell
through the cracks.

Monique Thomas, 15.

Father was killed
when she was 11.

Discipline problems
in school.

Sounds like
a tough customer.

She had three
previous mentors

prior to her placement
with Tracy.

How was it going?

There were some
rough spots,

but Tracy said that
she wanted to stick with it.

And you guys
tried her at home?

No. We had this strange
notion that, in the
middle of the day,

a 15-year-old might
actually be in school.

Monique doesn't exactly
make education a priority
in her schedule.

When was the last time
she was here?

Tuesday.
Day after the murder.

As you can see,
she doesn't exactly
spend a lot of time here.

This has gotta be
the boyfriend.

Recognize this guy?

Andre Suarez.

He was a senior
until he dropped out
a month ago.

What are the chances
these two love birds

are together right now?

Yeah?

Monique here?

Who?
Monique.

Then one whose name's
all over your chest, Romeo.

No, man, she ain't here.

BRISCOE: We already
tried her house.

You know the age
of consent for somebody
in this state, Andre?

Monique?
Who are you?

We're not truant officers.
So, what do you want?

You gotta take
a ride with us.

We need to ask you
some questions
about Tracy Conley.

Hey, yo, man,
you can't be asking her
no questions, man.

She's only 15.

Oh, so you
Johnnie Cochrane now?
Shut up.

Don't worry about it, slick.
We already talked to her mom.

You called my mother?

Yeah, she's waiting for us
down at the precinct.
Come on.

If my daughter said she went
to the movies with Tracy,
and then straight home,

then that's what happened.

Ms. Thomas,
if you don't let Monique
answer the...

She doesn't need to.

Look, are we done here?

I gotta get back
to work.

She makes legal aid
feel like a day at the beach.

Let me take a shot.

She's all yours.

Ms. Thomas. Monique.

I'm Lieutenant Van Buren.

Oh, great. So you gonna
tell us we can't leave now?

'Cause if you think
you're gonna rail road
my daughter, you're not.

No one's trying
to rail road anyone.

Well, then this is
just a waste of time.

Well, I know how
it can feel that way,

especially since you
probably don't have a lot
of free time either, do you?

That's right.

Look, I'm a working mother
raising two boys. I know
how hard it is.

Why do you think your mother
does that, Monique?

So you can have
a better life.

Same reason
she probably got you
the mentor, right?

Tracy was
a good influence.

I'm sure she was.

But what I can't figure out
is if Tracy helped Monique,

why you won't let
Monique help Tracy now?

Because she doesn't
know anything.

Well, now, see,
I think maybe she does
know something

and is just
afraid to say.

And if you want to
protect your daughter,
Ms. Thomas,

she needs to tell us
the truth, right here,
right now.

Look at me.

You telling
the whole story here?

Don't you look
away from me.

You wanna earn respect
in this world, you look
a person in the eye

when they ask
you a question.

Now,

do you know anything
about what happened
to Tracy?

He was just supposed
to grab her purse,
not kill her.

VAN BUREN: Who are you
talking about, Monique?

His name's Arnold.

What else can you
tell me about him?

I just have his cell number.
That's all I know.

Mom, I'm so sorry.

ED: It's cold out here.
Try him again.

Yo, Arnold. What's up, man?
It's E.D., Monique's friend.

You said 10 minutes.

Turn around.
Yo.

So, what you want?
Weed, coke?

Just a little bit of...
(GRUNTS)

Down on the ground!
One more step and
you're dead! Get down!

You okay?
Yeah, man.
Get up!

Assaulting a police officer.

You're in big leagues
now, bro.

Spread 'em!

Give me that.
Oh, yeah.
Oh, that's a base hit.

Check this out
Tracy Conley.

You just hit one
out of the park, kid.

BRISCOE: Down.

Looks like Arnold here's
been a guest of ours
before, Lennie.

Apparently,
he beat up a girlfriend,
took 1-to-3 for it.

Well, Arnold, let me just say
on behalf of the New York
City Police Department,

it's a pleasure to
have you back with us.

ED: You got a history
of assaulting women, huh?

Yeah, that's me.

They make easy targets,
don't they?

Especially for somebody
as big as you.

That's what
you were thinking

when you saw
Tracy Conley, right?

Who?
The woman Monique
set up for you.

Mmm-hmm. That's right.
She gave you up.

Okay, so now what?

BRISCOE: So, you're
admitting you robbed her?

You already
have the plastic.

And that woman's
probably in there
right now,

pointing her finger
at me.
What woman?

The one I took off, Tracy.

Oh, so now you crazy?

Look, I already
confessed. Y'all need
to back up off me

and tell me
what the damn plea is.

Tracy's not in there
because you killed
her, Arnold.

What are you talking about?

You stabbed her nine
times, Arnold, you think
she was gonna live?

No, I didn't stab nobody.

You took her money,
and when she resisted
you stuck that knife...

No, I didn't do nothing!

If I gotta knock your head
on all four of these walls,
I will.

Look, I split
when some guy ran up
to try to help her.

I swear,
I don't know nothing
about her being dead.

VAN BUREN: Detective!

Let him go.

You wanna tell me what
the hell happened in there?

Kid got a little personal
when we collared him.

And?

And I was trying to
get a statement.

Preliminary forensics
on his knife.

It wasn't the murder weapon.

The kid's still got a record
for this kind of thing, Lou.

Fine. We'll hold him
on the robbery for now.

But in the meantime,
we just got a call

from Conley's office.
Something's going on there,

and you two need
to check it out right away.

We got here and these
two therapists are arguing,

accusing each other
for stealing from your vic.

We figured it's your case,
you sort it out.

Okay, who wants to
tell us what happened?

(BOTH ARGUING)

Whoa, whoa.
One doc: at a time.

Last night, Tracy's parents
called me to ask if I could

come in and pack up
her belongings.

You never
told me that.

Wait a minute.
Who actually works
in this office?

There are three of us.

Myself, Dr. McBride,
and Tracy.

We see clients
different days,
split the rent.

Yeah, but the rule is you're
not allowed to come in when
you are not seeing patients.

So, that's what
this is about?

Your boundaries
being violated?

I came in,
the office door was open,

Dr. Gerring was packing up
Tracy's laptop.

BRISCOE: Is that right?
Yes, but I...

I told him to stop,
but he refused.

Said it was
none of my business.

That's when
I called the cops.

Dr. Gerring,
you are aware that there's
a criminal investigation

going on regarding
Tracy Conley's murder?

I was just trying
to save some research.

ED: What research?

Tracy and I had been
working on a book
for over a year.

(SCOFFS)

We were trying to
keep it quiet until
we had a publisher,

lest anyone steal
our idea.

You two see other patients,
or you just treat each other?

So, you saw Tracy regularly
outside this office?

We'd meet, we'd work
over the Internet.

BRISCOE: When you heard
about Tracy's murder,
your first reaction

was to worry
about your research?

I know how it sounds,
but we put a lot of work
into this project.

Tracy would have
wanted me to finish.

And you'll take
all the credit.

Well, we're still gonna
have to take this.

GERRING: But I haven't
downloaded the files yet.

If I were you,
I'd be more
concerned about

downloading the details
of your alibi
for Monday night.

And we're sure
Gerring's relationship
with Conley

was strictly
professional?

His wife seems
to think so.

Also, his alibi
checks out.

Hotel receipts
and airline tickets
prove he was in Boston

at the time of the murder.

I'd still like
another crack at Arnold.

Well, he lawyered up once
Monique agreed to cooperate
against him for the robbery.

Look, he's not going
anywhere, Detective.

You find a murder
weapon or a witness,
I'll bring it to the D.A.

In the meantime,
we follow this investigation
where it leads us.

Now, what was so important
about this research

that Gerring tried to
steal her computer?

Some psychology study he says
they were working on.

A study about what?
We're not sure.

Well, keep digging
into what's left
of her personal life

or get someone to
check out this research.

Maybe there's
a patient worth
taking a look at.

DR. SKODA: Certainly a wide
cross-section of subjects

your therapist had
in this study.

ED: We were hoping
that somebody would
just pop out at you.

If I could've gotten
into her individual
session files, maybe,

but those are all
password protected.

The only thing
that's readable
are her general notes.

Anything interesting
at least?

Basically, those notes
are clinical assessments of

forty something
males and females
who correspond to research

on early socialization
attributed to
pre-school exposure.

You lost me
after "basically."

Your shrink was
trying to predict
anti-social behavior

by looking at her subjects'
early childhood experience.

Did she predict that
somebody would grow up
and murder their therapist?

You'd have to get into
her actual session notes.

That's where
any clues would be.

BRISCOE: What kind of clues?

First thing I'd look for
would be some sort of
physical abuse.

Possibly sexual.

And because
the nature of your murder
was particularly vicious,

I'd focus on anyone
who could've felt betrayed
by their therapist.

At 150 an hour that'd be
practically everybody,
wouldn't it?

So, how do you break
somebody's password?

If I told you,
you wouldn't come
to see me anymore.

We're in.

Can you print out the names
of her patients?

Just need to find
the right file.

Wait, that's pretty
interesting.
What's that?

When did you say
this murder occurred?

It was the 19th. Why?

Pretty much all
word processing programs

record the time and date
of files modified,

let's you see the last time
you worked on it.

All these

have dates showing they were
accessed before the 19th,

but this one...

ED: Was modified
the day after the murder.

Wait. Can you pull up
that file the way it was
before it was changed?

I told you, Detective,
I can pull up anything.

Virgil Rice, male,
42 years old.

Treated for depression
and anxiety related to
stress in the workplace.

That's what the file said
after it was changed.

This is how it read before.

Four years
on a rape charge,

previous conviction
for assault,

released from Sing Sing
six months ago.

It's a whole different
Virgil Rice.

If he was seeing
Tracy Conley as
a condition of parole...

Doesn't look like
things went too well.

Tracy's notes from
the original file

show Virgil's boss
caught him
downloading porn

off the Internet at work.

She was about to recommend
a parole violation.

He'd be facing five years.

Only according
to her notes,

she never got
to tell his P.O.

Her next report wasn't due
for a couple of weeks.

Rice found out.

He was in her office
three times a week,
for six months.

Yeah, so she turns her back,
goes to the bathroom,

he sees her notes,
gets a hold of
her password somehow.

That's exactly the kind
of betrayal scenario

Skoda said we should
be looking for.

Pick him up.

Would you say
your orange juice had
too little pulp,

too much pulp,
or just the right amount
of pulp?

It's The Three Bears.
Virgil Rice.

What's this about?
It ain't about O.J.

So, you been getting your
head shrunk, Virgil?

Three times a week,
exactly like my P.O. told me.

But then, I'm sure
you know that.

ED: So, you went on Tuesday?
Yeah.

I went. Dr. Conley
wasn't there.

I figured something
came up.

You know what I find
curious, Virgil?

You haven't
asked us what
this is all about.

Cops are like sharks.

The more you thrash,
the more they attack.

Is that what it's like
when you rape women?

I'm in recovery.

Does your recovery
include downloading porn
off the Internet?

I don't do that.
That violates parole.

ED: That is exactly what
we thought when we read
about it in your file.

BRISCOE: You know, they
told us that the problem
with that delete button

is that you always leave
a little copy someplace
on the hard drive.

Now, tell me,
what kind of a perv
would stab

the only person
who's trying to help?

He's a rapist.
Any woman I know

would want you
to rot in jail.

Tracy Conley at least
thought you were worth
trying to rehabilitate.

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

She counseled you.
She listened to you.

She had her own agenda
She was your therapist.

Her agenda was trying
to help you.

She was out to screw me
from the very beginning.

She got what she deserved.

(KNOCK ON DOOR)

Jasmine Kosovich,
Mr. Rice's attorney.

Sorry to break up
the party.

So, the theory is
he killed her

because she was about
to violate his parole?

He owed another five years.

And she was foolish enough
to disclose that,

prior to filing
her recommendation?

I talked
to his parole officer.
She hadn't told him yet.

So, how did
Rice find out?

Well, somehow
he got access
to her computer.

And the day
after the murder,
Rice's file was altered.

Anything mentioning
his parole violation
was deleted.

I thought those files
were password protected.

Well, according
to our techie,

they're not all that hard
to break these days.

And three sessions a week,
he would have had plenty
of opportunity.

It also doesn't explain
how the file was altered
the day after she was killed.

Unless he broke
into her office.

There weren't any signs
of forced entry.

The file wasn't
altered on its own.

Well, I'll have
Briscoe and Green
toss his place again.

There's nothing
in the kitchen.

I found some keys
in a desk drawer,

but nothing that looks
like the key to the office.

You know, Lennie,
this doesn't make
any sense.

I checked
this dude's rap sheet,

his MO was deserted
streets and parking lots.

I figured, if he had
the talent to break
into somebody's place,

he'd have
done it already.

Maybe he never needed
to break in before.

What are you saying,
this shrink
made house calls?

I'm saying maybe
he got all his information
over the phone.

"A Cyberhead's Guide
To Eavesdropping. "

Yeah, let your fingers
do the walking.

Looks like
he sent her a worm.
Worm?

It's sort of like
a computer virus.

It was probably sent
to her as an attachment

to an e-mail.
She opens it,

and he's in.

Reason number 37 for me
not to open my e-mail.

Don't nobody
send you e-mail.

Whoever sent this
was able to monitor
her activity

keystroke by keystroke.

Oh, wait a minute,
are you telling us
that Rice was able to

see everything
that she typed
as she typed it?

Every website she visited,
every document she worked on.

What about
altering her files?

He would have had complete
control of her laptop,

as if he was sitting
at the keyboard.

BRISCOE: How hard
is this to do?

Anyone with a computer
can do it.

Can we prove Rice sent
the worm that you found?

CAMP: She deleted the e-mail.

It still leaves a fragment
on the hard drive, but...

ED: Not enough to reconstruct
who actually sent it.

So, as far as
the court's concerned,

we have an interesting theory
and not much else.

Not necessarily.

I also found something
on his computer.

Information he couldn't
have gotten from the worm
program by itself.

What sort of information?

CAMP: Bank accounts,
credit history,

her driving record.
And this.

Raped?
In college.

The computer tech found
posts she'd made
to a survivor chat room.

They were in a file
on Rice's computer.

A rapist finds out his
therapist is a rape victim.

Explains what he meant
when he said that
she was out to get him.

He fits Skoda's pattern
of a patient who would
have felt betrayed.

And he obtained
all this information from
the computer worm program?

No, he got the chat room
posts before he ever
sent Conley the worm.

From where?

An online data
brokerage company
called Access Nation.

We think he came across
the company while he was
doing telemarketing.

Data brokerage?

They're kind of like
an online Pl firm.

We found the references
to them on Rice's computer.

They probably were
the ones who sold him
the chat room posts.

If they did,
we're gonna need a witness.

Nail it down.

Well, we've been
pretty much immune from
the whole tech downturn.

In fact,
the market for personal data
just gets bigger and bigger,

especially in the wake
of September 11th.

People want to know
what their neighbors
are up to, you know?

Exactly what kind of
services do you provide?

We sell information
gathering services,
as well as software.

In other words, spyware.

Well, the information's
already out there.
We just hunt and gather.

What about
chat room postings?

May I ask
why you want to know?

We're investigating
a case involving
one of your clients.

We're just trying to
figure out what kind of
information he bought here.

I'm afraid
I can't divulge that.

It's a homicide
investigation.

I'm sorry,

but we contractually
guarantee the privacy
of all our clients.

I can be back here
with a subpoena in an hour.

Divulging our techniques
would be revealing
trade secrets.

If you're gonna come
with a subpoena,
you better bring a big one.

They're hiding behind
trade secrets.

Which probably gives them
enough of a legal argument
to delay our subpoena.

Is there any other way
to tie Rice to them?

We can link four charges
on his credit card
to Access Nation.

The first ones were for
information packages.

The last one
was for the worm.

This guy was a stalker
by nature, Jack.

So, he stumbles on the fact
that she's a rape survivor,
he buys the worm...

And the fuse is lit.

It's hard to believe
a person's life can be
so easily accessed.

(KNOCK ON DOOR)

So much
for chatting with

my college roommate
in London for the price
of a local call.

But all this
is still speculation.

Motion to suppress Rice's
statement and the contents
of his computer.

SERENA: "She got
what she deserved."
That's an admission.

What they did violates
doctor-patient privilege.

Virgil Rice signed
a waiver of any privilege
as a condition of parole.

His therapist was free to
share the contents of his
file with his parole officer

and the state of New York.

Just because my client
signed a waiver

shouldn't give some guy
from the Department
of Transportation

the right to read
his medical file.

Never happened.

When Tracy Conley
was murdered, her possessions
passed to her parents.

They consented to
a search of the laptop.

But not her patients' files.

When the police broke
that password,

it was the same
as if they broke the lock
on her file cabinet,

then they used that
information to obtain
a statement from Mr. Rice

and to search his apartment.

I'm sorry,
but I can't imagine

anything more personal
than a medical file.

Parole or no parole,
I am not comfortable

with the police
sitting with a technician,
breaking a password

obviously intended
by his therapist
to keep the public out.

Take the information
in the medical file
out of the equation,

there is no reason
for the police to
search Mr. Rice's home.

JACK: If Your Honor conducted
a hearing, I'm sure these
detectives would tell you

that a violent felon
with connections

to the victim would be first
on their list of people
whose homes they'd search.

People's position's correct.

While the defendant's
statement was obtained using

the contents
of his medical file,

the items recovered
from his apartment

weren't and would have been
inevitably discovered.

Your client's
statement is out.
Everything else is in.

She ruled Rice
had a reasonable
expectation of privacy

in his therapy files.

Despite the parole waiver?

Well, she still took issue
how we accessed Tracy
Conley's computer files.

If we hadn't,
Rice would still
be out there.

So, we have
no physical evidence,
no witnesses.

Everything still adds up,
the motive,
the worm program.

I think we can get a jury
to add two plus two.

And a good defense attorney
can get them to say it's 17.
Offer him a plea.

So, this guy
murders our daughter

and all he gets is 10 years
for manslaughter?

Ten plus the five
for violating parole.

He'll serve 15.

But only 10
for Tracy's murder.

PATRICIA:
I can't believe this.

How could his confession
be suppressed?

SERENA: I know that
it's hard to understand.

What does that mean exactly?

PATRICIA: It means
the police screwed up.

Patricia, please...
if they opened
this guy's file

when they
weren't supposed to,
they screwed up.

Now, why should Tracy
get penalized for that?
Please.

Let's try to figure out
what's happening here.

This isn't helping.

I'm sorry.

I just...

Isn't there
anything we can do?

Can we talk to the judge?

I'm afraid that won't help.

PATRICIA: Our only child
was murdered.

And you come and tell us

that the man
who killed her had his
privacy rights violated?

But when that creep
was stalking
our daughter online,

where was
the law for her?

Who was protecting
her rights?

Parents are right.
Rice's privacy is protected
by the court,

while their daughter's life
is an open book being read
by a convicted rapist.

Like it or not, judges are
going to hold the government
to a higher standard.

The threat faced
by Tracy Conley

had nothing to do
with the government.

If you're talking
about Access Nation,

there's nothing in the law
that prohibits what they did.

They repeatedly sold
personal information
to a convicted criminal.

Concern for Tracy Conley's
safety was non-existent.

(KNOCK ON DOOR)

Yes.

I've got those
Grand Jury subpoenas.

What subpoenas?
Access Nation.

LEWIN: Now, wait a minute.

If we go after these people,
we're going to have to
prove they knew

there was a danger here
and that they recklessly
chose to ignore it.

SERENA: Take a look at
what they're peddling.

When they gave
Rice the worm,

they gave a predator
the tools to stalk
this woman.

I've been doing
some investigating
on my own,

and I've got
both your files.

You bank at Citibank.
These are your
account balances.

I also got
all the websites
you've ever visited.

And by the way,
you really shouldn't use
your grandmother's name

as your password
for absolutely everything.

You're reading a biography
by Eleanor Roosevelt.

You listen to a lot
of Beatles and fusion jazz,

and you've got what I can
only describe as a very weird
obsession with the Clash.

I know what movies
you've rented and pretty much
your entire medical history.

And sumatriptan,
is that for migraines?

I could read yours.

Rice may have killed her,
but let's at least find out
if Access Nation

was the one who put
the knife in his hand.

Do you believe in
the free flow of
information, Mr. McCoy?

Your willingness
to apply that policy
to a convicted rapist

is precisely
why we're here.

Is there a question,
Mr. McCoy?

Virgil Rice retained
the services of your company

four different times.
Each time he sought
information about

just one person.
We'd like to know
if you or anyone

at Access Nation
ever asked him why.

BRANSON: You don't have
to answer that, John.

No, I wanna answer it.

All of our clients fill out
a detailed application,

and in that application

they're specifically asked
whether or not they have
a criminal record.

And you just take
their word for it?

We're not selling guns,
Ms. Southerlyn,
we're selling information.

Intimate information,

which placed
in the wrong hands
led to a woman's death.

If you're referring
to Tracy Conley,

you already have
a defendant who pled guilty
to her murder.

Any other questions
about that seem
a little irrelevant now.

We do simple detective work.

All we do is follow
the bread crumbs

people leave behind
as they surf the net.

It's who you sell
the bread crumbs to that
concerns us, Mr. McDowell.

I'm afraid this
conversation is over.

If you have
any further questions,

they're going to
have to be in front
of a Grand Jury.

All the information to
anyone who can pay and
damn the consequences.

Why not?
There aren't any.

What gets me is how
they can sit across
the table from us

and claim that if they ask
a question on a form that
that covers it.

What gets me
is they think we buy it.

Find out who Rice
was dealing with.

I doubt a company
with that much access
to information

is as ignorant
about their clients
as they claim to be.

Actually, I don't do
investigative work anymore.

I'm a manager now.
A promotion.

Must have been
fairly recent.

A few weeks ago.

But prior to that, you were
an online investigator.

Right.

One of the people
you tracked was a woman
named Tracy Conley.

Name doesn't ring a bell.

What about Virgil Rice?

Sorry.

You know,
that surprises me,
Mr. Kitson.

Since you worked
with Mr. Rice on four
separate occasions,

each one involving
Tracy Conley.

He's a convicted rapist.

He used the information
you sold him to
murder this young woman.

I just compile
what's already out there.

You can call
an invasion of privacy
whatever you want,

but my boss intends to make
an example of somebody.

It can either be you
or this company.

I told John he lied.

John McDowell.

I told him Rice had
a rape conviction.

How did you find that out?

Rice had multiple requests
on the same target.
I got curious.

Only when I told McDowell
about it, he got pissed.

Told me it wasn't my job
to be checking into the
backgrounds of our clients.

There's no question
these people sold Rice
the chat room postings

with full knowledge
of who he was.

When Kitson informed McDowell,
he was told to forget it.

Then he got a promotion.

Probably hoping
he'd keep his mouth shut.

I don't even think
most people know

that their chats
are being archived.

But once someone like Kitson
tracks how you access
the Internet,

they can pretty much
find out every site
you've ever been to,

and everything
you've ever said online.

Perhaps the privacy
we're used to

is a luxury we can
no longer afford.

Since when did
closing the curtains
on my private life

ever become a luxury?

Since people started
crashing planes
into buildings

and trying to set
their shoes on fire.

No one's talking about
limiting our ability
to go after terrorists.

What we're talking about
is holding this company
responsible

for invading
a woman's privacy
for profit.

Yes, except that
it's companies
like Access Nation

who develop
the technologies.

I mean, the Feds
have a worm, Magic Lantern,

only they use it
to catch terrorists,
drug dealers.

If we take away
the private sector as
a market for these products,

we may never get them.

And McDowell
just gets a pass?

If we take down McDowell
for his violation of privacy,

that opens the floodgates
for lawyers to attack us
and our methods.

A judge has already
forced us to cut a deal
with one murderer.

You wanna train
the police so the courts
don't undermine us,

there's a whole unit
to do that with.

Tactical Assistance
Response Unit.

But we can't let someone
get away with murder

just because it might
make catching someone else
tougher down the road.

I believe my attorney
said any more questions

would have to be
in front of a Grand Jury.

Yeah, well, we're here
to help arrange that.

What are you doing?
What are you talking about?

John McDowell,
you're under arrest
for manslaughter

in the death
of Tracy Conley.

You gotta be kidding me.
I wanna call my lawyer.

How about we just
post your arrest
on the Internet instead?

You think about it.

KITSON: Every e-mail you send
contains a hidden header
with your IP address.

Assume we're all a little
computer illiterate.

KITSON: It's
the network address

your Internet provider
uses to connect you.

Once I link
a person with it,

I can search wherever
that person's been online

and what
they've said or done
once they got there.

Did you track Tracy Conley
using this method?

For Virgil Rice.

Did there come a time
when your work for Mr. Rice
began to concern you?

Yes. When I found out
he had a criminal record.

Did you tell anyone
about those concerns?

I told Mr. McDowell.

What was his reaction?

He ordered me
to stop checking into
the backgrounds of clients.

He said that it was
against everything
that the company stood for,

that it was bad
for business.

JACK: No further questions.

So, you knew Virgil Rice
was a rapist?

KITSON: Yes.

After you allegedly
had this conversation,

did you do anything
about it?

No.

Did you contact
Tracy Conley?

No.

Did you warn her in any way?

Mr. McDowell told me
not to do anything.

Do you have any proof
of this conversation
you said you had

with Mr. McDowell
a few months ago?

No, but...
Mr. Kitson,

the prosecutor's office
came to visit you
a few weeks ago

and asked you some questions
about your online
investigation, didn't they?

Yes.

Isn't it a fair statement
that if you didn't
implicate Mr. McDowell,

you might very well be
the one on trial here today?

Objection.

Withdrawn.

No further questions,
Your Honor.

BRANSON: How did you feel
about the death
of Tracy Conley?

Just horrible.

Did you have any idea
that Virgil Rice
posed a threat to her?

No.

Did Robert Kitson ever
tell you that Virgil Rice
had a criminal record?

No.

In his own application,
Mr. Rice denied
having a record?

That's right.

Did you ever check
that information?

In the first place,
we guarantee the privacy
of our clients.

Secondly, we view ourselves
as a company that helps
people stay safe.

The public uses our service

to find out
if a child's teacher
has a drug problem,

if their nannies
or caregivers
have a criminal record.

We track deadbeat dads.

The government even uses
our service on occasion.

But aren't you trading
in people's secrets?

I think we've all learned
over these past months

that the more information
that is available to us,
the better.

There are plenty of
dangerous people out there.

And I think most people
are more concerned
with being safe

than with hiding
the books they read.

SERENA: He's turning
the trial into a referendum

on whether the jury should
be able to investigate
their babysitters.

Well, you can't blame them
for wanting to know

if their neighbor's part
of a terrorist cell.

What happens when
the terrorist wants
to know about them?

Those chat room posts
were a loaded gun.

McDowell has to be
held accountable
for who he sold them to.

I agree.
There have to be standards
for who gets access

to that kind of information.

You're talking
about principles

I've been fighting for
my entire career.

But when the bullets
are flying...

I had that tactical unit
check to see

if they could find any
internal memos or documents.

They came up empty handed.

Well, the government's
always two steps behind
the bad guys.

One of our techies
that I talked to

told me that hackers actually
chuckle at some of
the technology we still use.

Then maybe we should be
talking to the hackers.

JACK: Open access
is a good thing?

I believe so, yes.

Should a child molester
be able to get access

to a list of children
living in his neighborhood?

Ideally, no.

But he could buy
that information
from your company.

Yes, I suppose he could.

However, we ask our customers
about criminal records.

Did you ever consider
the possibility

that someone with
a criminal record
might actually lie about it?

Objection!

Overruled.

It's not my responsibility
to keep people
from using information

in away
that might hurt others.

Information
doesn't kill people.
People kill people.

I understand that someone
was hurt in this case.

If I had any idea that
that might happen,

I never would have
taken the risk.

Really? Because that's
not what you said

in your e-mails,
Mr. McDowell.

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

Didn't you ask your lawyers
eight months ago

whether your company
might be liable

if someone were harmed
as a result of your service?

Objection!

Conversations with
counsel are privileged.

Judge, I can establish
a crime fraud exception

to any privilege
claim here.

Chambers, now.

Just what are you
doing, Mr. McCoy?

Availing ourselves
of the information age,
Your Honor.

Eight months ago
another one of
Mr. McDowell's investigators

came to him with concerns
about a client

whose wife had
an order of protection
out against him.

This client
was trying to locate

the shelter his wife
was staying in.

Mr. McDowell's counsel
advised him

to stop checking
his clients' backgrounds.

Where did you get all this?

Your company is not
the only game in town,
Mr. McDowell.

The People retained
the services of one
of your competitors.

It took them less than a day
to find the e-mails
that went back and forth.

Apparently nothing
is ever really deleted.

McDOWELL:
This is outrageous.

SERENA: It doesn't
feel good, does it?

None of this matters.

Legal advice to a client
is still privileged.

Not if he was advised
to act in a reckless manner.

BRANSON: That is absurd.

If Mr. McDowell sought
the advice of counsel,

how can he be
considered reckless?

JACK: The point of
the crime fraud exception

is to discourage attorneys
from dispensing advice

that counsels people
to engage in criminal conduct,

which is what
your lawyer did

when he advised you
against background checks.

Neither of them
can hide behind
the privilege shield.

I suggest you talk
to your client about
a plea, Counselor,

then I suggest you
get your own lawyer.

Three-to-nine years
in prison.

Plus the 15
Virgil Rice got.

That should give some peace
to Tracy Conley's family.

Internet-tracking,
face-recognition software,

national ID cards,
it's getting
really frightening.

JACK: If people
have to choose,

they'll trade privacy
for safety every time.

That's the problem, though.
You trade one for the other,
you could end up losing both.