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In the criminal
justice system,
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00:00:03,851 --> 00:00:07,653
the people are represented by two
separate yet equally important groups:
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The police
who investigate crime,
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00:00:09,660 --> 00:00:12,526
and the district attorneys
who prosecute the offenders.
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These are their stories.
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Well, I'm sorry for the wait.
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Oh, it's okay.
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Uh, did you bring the
menstrual chart we gave you?
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It's right here.
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And, uh, your last period,
it ended...
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Saturday.
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Well, pretty sporadic, huh?
Cramps still abnormal?
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Yeah, it's... it's never been
like this before.
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Well, let's take a look,
shall we?
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Will you lie down?
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Um, come a little closer,
please.
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Fine, fine, fine, fine, fine.
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Okay.
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Eternity?
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What?
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Your perfume.
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Am I right?
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Uh-uh. Uh-huh.
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I've always loved Eternity.
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Smells of clean sheets.
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Relax, relax.
You're tensing.
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How does that feel?
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Fine.
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Just fine?
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What do you mean?
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It should feel good.
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Well, it doesn't.
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Ah, yes.
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Please don't do that.
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Yes, right there.
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I said to stop it!
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We're gonna have to do an endometrial
biopsy as soon as possible.
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What?
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It's a diagnostic procedure.
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At your age cancer can
become a consideration.
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Cancer?
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We can't rule it out.
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You can schedule it
with Miriam on your way out.
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I know the difference between
being examined and being molested.
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Did you confront him with it?
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I mean, was he aware?
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He knew exactly
what he was doing.
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How do you know?
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Afterwards he tried to intimidate
me by bringing up cancer.
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We'd never talked
about cancer before.
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It was a threat.
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What did he actually do?
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What do you mean?
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Well, he's a doctor.
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Isn't he supposed to touch you?
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Um, isn't that his job?
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I've been seeing
a gynecologist since I was 15.
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It never made me feel dirty.
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Did she run this by Sex Crimes?
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Yeah, I wish to hell
she had gone to the One-Nine.
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But the fact is she came to us.
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You can't blame her.
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Something like this happens,
you go where you have credit.
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Okay.
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So, we spend what?
Two, three weeks
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running this thing
around the block.
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Maybe we get
some DA to prosecute,
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maybe he gets lucky
and we convict him.
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Best-case scenario,
the guy gets six months.
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Worst case, a $500 fine
and a "Don't do it again."
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Any way you toss this, it's Sex
Abuse Three. It's a misdemeanor.
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Yeah, but if you add up
the misdemeanors.
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That's a big assumption, Phil.
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How many one-time sex
offenders do we know?
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I mean, if he's
gonna do this to Liz...
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Oh, I doubt if he knew that
she's our in-house shrink.
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I say, we at least see if
anyone else ever complained.
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But by the book, fellows.
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Just like any other victim.
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Latest in get-rich-quick
schemes: Sue your doctor.
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You know how many complaints
we get a year?
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You don't wanna know.
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You're wrong.
We do.
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Merritt, Alex J., MD.
What do you have?
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Complaints are confidential
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unless, of course,
disciplinary action was taken.
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Well?
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Well, that's hard to say, too.
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Disciplinary files are routinely
destroyed after five years.
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Mr. Hauser,
we are not paid by the hour.
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Was there any
disciplinary action
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taken against Dr. Merritt
in the past five years?
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I've had teeth pulled easier.
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Gentlemen, you've hit
the mother lode.
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You got something?
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No. You do.
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This guy's got more blue
ribbons than Betty Crocker.
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Member: Ethics Committee,
State Medical Association.
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Privileges at only the
best hospitals in the city.
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Hospitals? Plural?
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'90 to present, Mercy Hospital.
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'88 to '90, Manattan General.
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'83 to '87, St. Luke's,
etcetera, etcetera.
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This guy can't sit still.
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Big shot like that,
hospitals fight over him.
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He signs a contract for five
years then he's a free agent.
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He's off to the highest bidder.
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Excuse me.
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I hope to God these free agents
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do a better job
than the ones out at Shea.
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You bat 310, everybody's happy,
you play out your contract.
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You go down to 220, whoa, everybody's
looking for a trade, right?
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This guy said Merritt
signed five-year contracts.
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So his last gig...
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Manattan General.
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He was there from '88 to '90.
Three years.
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Could be our good doctor
was in a major slump.
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Alex Merritt
is one of the best.
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So why'd you let him go?
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We're aware that doctors of his
caliber usually sign on for five years.
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Dr. Merritt left
after three.
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Was an administrative decision.
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His or yours?
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Dr. Merritt lives uptown.
We're downtown.
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Maybe he, uh,
was unappy about the commute.
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What about his patients?
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Were they happy
when he got here?
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Dr. Merritt has
a fine practice.
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Whatever you're thinking,
you're wrong.
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I tell you
what I'm thinking, Doc.
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I think your esteemed
colleague screwed up.
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Now you cover his rectum
and he covers yours.
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We could subpoena your
records, Dr. Reitman.
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Don't bother.
You want his file?
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Take it.
There's nothing in it.
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At the academy
we had the honor code.
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If you knew somebody was
cheating, you had to turn him in
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or it was your butt that
got burned. These guys put in
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an extra four years of school,
everybody's looking the other way.
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Everybody's nervous when they're
lookir down the barrel of a lawsuit.
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Doctors may not wanna talk.
I'm not so sure about patients.
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Especially the unappy ones.
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A Park Avenue medicine man
like Merritt.
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I figure he doesn't
do his own billing.
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Would the billing service
put an asterisk
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next to the names
that are molested?
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Let me ask you a question.
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They overcook your macaroni
in an Italian restaurant.
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You ever go back there?
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Let's check
the billing service.
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I tell you, this guy's patient
list reads like the Forbes 400.
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At $150 a pop, the good doctor
should be at the top of the list.
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Here we go.
Donna Marx.
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Regular visits every four
months until last July.
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Nothing since.
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Maybe she got cured.
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Of being a woman?
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Hold on.
Listen to this.
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Diane Perkins.
Clockwork until last May.
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00:09:16,752 --> 00:09:18,287
Ever since the clock stopped.
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When it rains... Laura Todd.
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Three times a year
for three years.
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Nothing since April.
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Well, hey, I'm ready.
Let's go.
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Okay. First stop, Marx.
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She's on 21st.
Around the corner
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is the best marinara
west of Naples.
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So what about Dr. Merritt?
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What's he done now?
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Excuse me?
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Alex certainly likes
to live life on the edge.
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Every now and then you slip.
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Just how far out on the edge,
Miss Marx?
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Wouldrt go there
without a parachute.
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Last May.
Uh, did he do anything to you?
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We know the billing
stopped in May.
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Just because
he stopped billing me
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doesn't mean
he stopped treating me.
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Oh, he worked pro bono, huh?
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Let's call it an even swap.
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But that ended six,
eight weeks ago.
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If Dr. Merritt
did something to you,
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there's no point
in protecting him.
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I don't give a damn
about Dr. Merritt.
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Look, we played doctor, all
right? It was good while it lasted.
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But eventually his yang
got tired of my yin.
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This started when you
were his patient?
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Love in the stirrups.
Exciting for a while,
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but hell, now I'm seeing
my plastic surgeon.
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00:10:28,457 --> 00:10:30,390
You only date doctors?
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00:10:30,390 --> 00:10:33,454
Why not? Something breaks,
they can fix it.
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00:10:34,766 --> 00:10:37,234
My daughter is heavily sedated.
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I believe that talking to her
now would have little value.
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Did she ever talk to you about
her gynecologist, Dr. Merritt?
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00:10:43,399 --> 00:10:46,376
Diane has been struggling
for years with mental illness.
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She talks about
a lot of things.
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At this point we don't know
what's real and what's not.
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00:10:52,610 --> 00:10:55,312
We would really like
to talk to her.
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00:10:55,554 --> 00:10:59,183
You understand she's recovering
from a suicide attempt.
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I promise we won't push
your daughter, Mrs. Gaines.
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00:11:29,822 --> 00:11:30,811
Diane?
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00:11:41,434 --> 00:11:45,097
Is it hot outside?
203
00:11:48,809 --> 00:11:51,972
Diane, we'd like to ask you a
few questions about Dr. Merritt.
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00:11:57,317 --> 00:11:58,306
Yes,
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00:12:00,354 --> 00:12:03,790
it's always hot in his office.
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00:12:04,658 --> 00:12:08,219
Diane, do you remember the last time
you went to Dr. Merritt's office?
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00:12:09,696 --> 00:12:13,530
I wore a blue cotton sundress
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00:12:14,802 --> 00:12:18,260
and no makeup.
He liked that.
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00:12:19,840 --> 00:12:23,435
He smiled a lot.
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00:12:27,781 --> 00:12:29,908
You bought me that dress, Mom.
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00:12:30,851 --> 00:12:32,614
It was my favorite.
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00:12:40,929 --> 00:12:43,523
Do you always change horses
in midstream?
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00:12:43,523 --> 00:12:46,192
No way he'd get near me
or my baby.
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00:12:47,235 --> 00:12:48,668
Merritt molested you?
215
00:12:48,870 --> 00:12:50,201
Who the hell knows?
216
00:12:50,201 --> 00:12:52,603
I was in so much pain, he
could have amputated my leg
217
00:12:52,603 --> 00:12:54,904
and I wouldn't have felt it.
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00:12:54,904 --> 00:12:56,671
You ever have root canal?
219
00:12:56,671 --> 00:12:58,678
It's not one of
my fondest memories.
220
00:12:58,678 --> 00:13:00,577
Well, imagine it
without the gas
221
00:13:00,577 --> 00:13:04,379
and on places a whole lot
more sensitive than your teeth.
222
00:13:04,379 --> 00:13:07,717
He performed laser surgery
without anesthesia.
223
00:13:08,423 --> 00:13:10,482
But did you report this
to anyone?
224
00:13:10,482 --> 00:13:12,890
The brass at Manattan
General know me by name.
225
00:13:12,890 --> 00:13:15,896
The State Medical Board tells
me everything was by the book.
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00:13:15,896 --> 00:13:17,898
Simply the doctor's choice.
227
00:13:17,898 --> 00:13:19,867
I read about guys like this.
But who'd think
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00:13:19,867 --> 00:13:21,903
they'd have MDs
next to their names.
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00:13:22,304 --> 00:13:24,738
Dr. DeSade.
The guy's a sadist.
230
00:13:33,516 --> 00:13:36,883
There's a reason complaints by
the public are kept confidential.
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00:13:36,883 --> 00:13:38,647
It's called CYA.
232
00:13:39,255 --> 00:13:42,053
If we disclosed every
complaint by every crackpot,
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00:13:42,053 --> 00:13:44,319
no one would feel comfortable
visiting any doctor.
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00:13:44,319 --> 00:13:47,260
When you buy a car, it's caveat
emptor. But a doctor is...
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00:13:47,260 --> 00:13:49,787
Is human. Which means
sometimes he makes mistakes.
236
00:13:49,787 --> 00:13:51,594
Are you saying
Merritt made mistakes?
237
00:13:51,594 --> 00:13:56,468
I'm saying some patient's temperature
stays at 98.9 for two weeks,
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00:13:56,468 --> 00:13:59,872
first stop is my committee where
they file a 200-page complaint
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00:13:59,872 --> 00:14:03,207
with affidavits from everyone
from Aunt Susie to Rover's vet.
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00:14:03,207 --> 00:14:05,976
I can't be expected
to take them all seriously.
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00:14:05,976 --> 00:14:08,210
What about surgery
without anesthesia?
242
00:14:08,210 --> 00:14:10,947
Yes, Miss Todd complained
about Dr. Merritt's procedure.
243
00:14:10,947 --> 00:14:12,579
Yes, we took it seriously.
244
00:14:12,579 --> 00:14:14,715
But no, he did not
do anything wrong.
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00:14:14,715 --> 00:14:17,555
I thought "bite the bullet"
went out a long time ago.
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00:14:17,555 --> 00:14:19,390
A lot of people
who die during surgery,
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00:14:19,390 --> 00:14:21,157
die because of the anesthetic.
248
00:14:21,157 --> 00:14:23,324
My committee reviewed
Dr. Merritt's actions.
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00:14:23,324 --> 00:14:24,867
We concluded
that everything he did
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00:14:24,867 --> 00:14:27,460
was in the best interests
of this particular patient.
251
00:14:27,460 --> 00:14:30,335
Oh, good. So only
the patient didn't agree.
252
00:14:34,911 --> 00:14:37,505
You get the feeling
we're chasing our tails here?
253
00:14:37,505 --> 00:14:40,015
The Medical Board may keep
its complaints a secret.
254
00:14:40,015 --> 00:14:41,607
But the State Supreme Court
does not.
255
00:14:41,607 --> 00:14:43,619
Maybe this guy was sued.
256
00:14:46,222 --> 00:14:48,349
Liz. Is she all right?
257
00:14:48,349 --> 00:14:51,759
She is a psychologist. If anybody's
trained to handle it, she is.
258
00:14:51,759 --> 00:14:54,059
Nobody trains you
to be a victim.
259
00:14:54,059 --> 00:14:56,691
Merritt. Two R's, two T's.
Alex J.
260
00:14:58,169 --> 00:14:59,363
How far back should I go?
261
00:14:59,363 --> 00:15:00,995
What is he, about 50?
262
00:15:02,707 --> 00:15:05,039
How about 1973?
263
00:15:05,039 --> 00:15:07,077
Merritt vs. Merritt.
264
00:15:07,077 --> 00:15:08,338
Coincidence?
265
00:15:08,338 --> 00:15:09,706
A matrimonial.
266
00:15:13,551 --> 00:15:15,075
The doctor's wife.
267
00:15:15,519 --> 00:15:18,044
My generation,
that was as good as it got.
268
00:15:18,044 --> 00:15:20,352
I guess it wasrt that good.
269
00:15:20,591 --> 00:15:23,685
Marriage. Tried it once,
didn't like it.
270
00:15:23,685 --> 00:15:27,060
Maybe it's who you were
married to, Mrs. Merritt.
271
00:15:27,060 --> 00:15:30,897
When we divorced Alex took
the car, the furniture.
272
00:15:30,897 --> 00:15:33,300
I threw in the name for free.
273
00:15:33,771 --> 00:15:36,104
I'm back to being Celia Walsh.
274
00:15:36,104 --> 00:15:38,699
So how long were you married,
Miss Walsh?
275
00:15:38,699 --> 00:15:40,768
Well, we met his first week
at medical school.
276
00:15:40,768 --> 00:15:42,609
I was a junior.
277
00:15:42,609 --> 00:15:45,478
The day after I graduated,
we married.
278
00:15:45,478 --> 00:15:48,678
The day he completed
his residency, we divorced.
279
00:15:49,121 --> 00:15:53,057
Six joyous years that took me
10 years of therapy to forget.
280
00:15:53,057 --> 00:15:54,649
Your husband abused you?
281
00:15:54,649 --> 00:15:58,162
It's odd what one endures
under the heading of love.
282
00:15:58,397 --> 00:16:01,594
I guess I should be happy.
I survived.
283
00:16:02,801 --> 00:16:05,668
The second Mrs. Merritt
wasrt so lucky.
284
00:16:15,647 --> 00:16:16,705
What the hell is this?
285
00:16:16,705 --> 00:16:19,444
That's Teresa Merritt.
The doctor's second wife.
286
00:16:19,444 --> 00:16:21,282
They were only
married two years.
287
00:16:21,282 --> 00:16:23,219
ME called it a suicide.
288
00:16:23,219 --> 00:16:25,917
She's only 23 years old.
Overdose.
289
00:16:25,917 --> 00:16:28,185
What, you think Merritt
drove her to it?
290
00:16:28,185 --> 00:16:30,286
Come on, Donny.
She was sending a message.
291
00:16:30,286 --> 00:16:31,660
Yeah, she's into kink.
292
00:16:31,660 --> 00:16:32,857
Or maybe not.
293
00:16:32,857 --> 00:16:34,422
Found her
in the doctor's office.
294
00:16:34,422 --> 00:16:37,833
The hood: Uniform of choice
in your finer S & M clubs.
295
00:16:37,833 --> 00:16:40,633
Well, was the hubby in town
when this happened?
296
00:16:40,633 --> 00:16:42,504
Nope. In Vancouver, lecturing.
297
00:16:42,504 --> 00:16:44,236
But this tells us
something about him.
298
00:16:44,236 --> 00:16:46,175
Obviously he's a sadist.
299
00:16:46,175 --> 00:16:48,713
My guess: The wife
didn't like it anymore.
300
00:16:48,713 --> 00:16:50,715
Like it, not like it.
Where's the crime?
301
00:16:50,715 --> 00:16:52,250
A doctor who likes
to hurt people...
302
00:16:52,250 --> 00:16:53,546
Hey, wait... wait.
Wait a minute.
303
00:16:53,546 --> 00:16:55,610
Liz never said anything
about getting hurt.
304
00:16:55,610 --> 00:16:57,849
She said he touched her.
Period.
305
00:16:57,849 --> 00:17:00,552
Whatever track you're on here,
I think it's the wrong one.
306
00:17:00,552 --> 00:17:03,652
Hey, we're barely out the door
and already we got this.
307
00:17:03,652 --> 00:17:06,699
Well, if you had any evidence
that the guy was dangerous...
308
00:17:06,699 --> 00:17:08,233
Maybe we do.
309
00:17:10,971 --> 00:17:11,960
Hmm.
310
00:17:12,506 --> 00:17:15,669
I knew the man was creative, but
I never dreamed he was into this.
311
00:17:15,669 --> 00:17:16,869
What's that, Miss Marx?
312
00:17:16,869 --> 00:17:18,377
Voyeurism.
313
00:17:18,377 --> 00:17:21,414
Hope to God I'm not in
any of his photo albums.
314
00:17:21,414 --> 00:17:23,142
Dr. Merritt didn't take these.
315
00:17:23,142 --> 00:17:25,378
These are police photos
of his dead wife.
316
00:17:25,378 --> 00:17:27,716
She killed herself
in his office.
317
00:17:28,622 --> 00:17:31,352
Now I see why he wouldn't
let me wear a hood.
318
00:17:31,352 --> 00:17:32,722
You're into...
319
00:17:32,722 --> 00:17:35,227
Don't knock it, sweetie,
until you've tried it.
320
00:17:35,227 --> 00:17:37,263
So why'd you leave him?
321
00:17:37,263 --> 00:17:39,525
Nothing turned Alex on
like fear.
322
00:17:39,525 --> 00:17:41,500
When I was scared of him,
his rockets fired.
323
00:17:41,500 --> 00:17:44,366
It was great until he said
"boo," and I didn't jump.
324
00:17:44,366 --> 00:17:45,928
So he dumped you?
325
00:17:46,940 --> 00:17:49,465
I may be kinky,
but I'm not crazy.
326
00:17:50,644 --> 00:17:51,804
Thanks, Sandy.
327
00:17:51,804 --> 00:17:54,246
He's a lifetime member
of the Marquis Club.
328
00:17:54,246 --> 00:17:55,509
And I'm a member of the Elks.
329
00:17:55,509 --> 00:17:56,845
Are you gonna arrest me for it?
330
00:17:56,845 --> 00:17:58,317
There's a big difference,
Donny.
331
00:17:58,317 --> 00:18:00,650
At your monthly meetings
nobody ends up bruised.
332
00:18:00,650 --> 00:18:02,519
It's a private club.
Consenting adults.
333
00:18:02,519 --> 00:18:03,921
Nobody's breaking the law.
334
00:18:03,921 --> 00:18:05,857
Not when one of the adults
doesn't consent.
335
00:18:05,857 --> 00:18:07,827
You show me one.
I'll arrest the guy myself.
336
00:18:07,827 --> 00:18:09,887
Look, I think we can use
some of this stuff
337
00:18:09,887 --> 00:18:11,659
as ammo in Liz's
molestation case.
338
00:18:11,659 --> 00:18:12,825
It shows intent.
339
00:18:12,825 --> 00:18:15,495
And maybe I can squeeze an
apple and get orange juice.
340
00:18:15,495 --> 00:18:17,231
One has nothing
to do with the other.
341
00:18:17,231 --> 00:18:19,330
In a court of law
it's called inadmissible.
342
00:18:19,330 --> 00:18:22,376
The guy is dangerous. If he hasn't
crossed the line yet, he will.
343
00:18:22,376 --> 00:18:24,343
And then we'll arrest him.
344
00:18:24,343 --> 00:18:27,575
I'm sorry, fellows, without
more the DA can't prosecute.
345
00:18:27,575 --> 00:18:29,742
And it's not a good idea
to tell Liz
346
00:18:29,742 --> 00:18:31,683
about Merritt's
extracurricular activities.
347
00:18:31,683 --> 00:18:34,745
Yeah. Why should she know
how lucky she is?
348
00:18:40,496 --> 00:18:42,521
We talked
to everybody we could.
349
00:18:42,832 --> 00:18:46,097
If there were others who were
molested, they're not talking to us.
350
00:18:46,097 --> 00:18:47,931
That's not unusual.
For most women,
351
00:18:47,931 --> 00:18:49,971
it's too devastating
to even think about.
352
00:18:49,971 --> 00:18:52,530
And if they won't come forward
our hands are tied.
353
00:18:52,530 --> 00:18:54,405
Well, I've come forward.
354
00:18:55,711 --> 00:18:57,269
So what's next?
355
00:19:05,487 --> 00:19:07,387
Did you talk to Stone?
356
00:19:08,324 --> 00:19:10,519
The DA's office said
that getting an indictment
357
00:19:10,519 --> 00:19:12,720
would be like
climbing Mount Everest.
358
00:19:12,720 --> 00:19:16,253
What the hell does that mean?
This guy is not gonna stop.
359
00:19:16,253 --> 00:19:20,428
As long it's just your word
against his, they will not proceed.
360
00:19:44,995 --> 00:19:47,862
Call the Imaging Center,
schedule an ultrasound.
361
00:19:48,932 --> 00:19:50,524
So, how are we today,
Elizabeth?
362
00:19:50,524 --> 00:19:51,692
Uh, little nervous.
363
00:19:51,692 --> 00:19:54,134
Oh, don't be. It'll all be
over in 30 minutes or less.
364
00:19:54,134 --> 00:19:56,399
Uh, would you lie down, please?
365
00:19:59,709 --> 00:20:02,269
I'm gonna give you a local.
Miriam.
366
00:20:03,113 --> 00:20:04,580
Lidocaine.
367
00:20:06,116 --> 00:20:07,105
Oh.
368
00:20:07,350 --> 00:20:08,544
Relax.
369
00:20:09,654 --> 00:20:11,645
Chances are
you won't feel a thing.
370
00:20:11,645 --> 00:20:13,780
At most a little discomfort.
371
00:20:34,111 --> 00:20:35,976
Okay. That'll be all.
372
00:20:50,394 --> 00:20:53,727
All right, we'll just give it
a couple of seconds.
373
00:21:14,019 --> 00:21:16,112
I... I can't
374
00:21:19,424 --> 00:21:20,413
move.
375
00:21:31,169 --> 00:21:34,536
Dr. Marcus, please report
to Recovery Unit Four.
376
00:21:35,107 --> 00:21:37,473
Victim walked in
about 40 minutes ago.
377
00:21:37,473 --> 00:21:39,874
Vaginal pain. Soreness.
378
00:21:39,874 --> 00:21:43,107
Calm as Cayuga's waters,
but that's no indication.
379
00:21:43,107 --> 00:21:44,513
She was raped?
380
00:21:44,513 --> 00:21:46,812
There was penetration,
ejaculation,
381
00:21:46,812 --> 00:21:49,047
no wounds,
but lots of heavy bruising.
382
00:21:49,047 --> 00:21:51,783
He left finger marks
on her thighs.
383
00:21:51,783 --> 00:21:53,450
When Forensics
runs the samples,
384
00:21:53,450 --> 00:21:55,960
we'll know all about the party
of the second part.
385
00:21:55,960 --> 00:21:58,862
I already got a name.
Dr. Alex Merritt.
386
00:21:59,499 --> 00:22:02,263
Gonna make for some
interesting dinner conversation.
387
00:22:02,263 --> 00:22:06,772
My wife's an OB. Merritt was the
lead examiner for her comprehensives.
388
00:22:06,772 --> 00:22:08,704
You guys excuse me?
389
00:22:14,580 --> 00:22:17,208
Why do I feel
like taking a shower?
390
00:22:17,208 --> 00:22:20,013
Mike, we didn't tell her
to go there.
391
00:22:20,013 --> 00:22:21,178
I'm gonna call the lab.
392
00:22:21,178 --> 00:22:24,348
See if we can get this thing
put on the top of the list.
393
00:22:55,389 --> 00:22:56,754
You okay?
394
00:22:57,891 --> 00:22:59,791
I've had better days.
395
00:23:10,437 --> 00:23:14,272
Run the kit, Mike.
Lock the bastard up.
396
00:23:17,612 --> 00:23:19,807
Yeah, well...
397
00:23:22,417 --> 00:23:24,510
You know, I gotta ask you.
398
00:23:25,286 --> 00:23:28,346
What were you thinking, going
back after what he already did?
399
00:23:28,346 --> 00:23:29,788
That makes a difference?
400
00:23:29,788 --> 00:23:31,325
Of course it does.
401
00:23:31,593 --> 00:23:33,652
Somebody had to stop him.
402
00:23:36,131 --> 00:23:40,465
He drugged me. I don't know. I
think it was diazepam, I don't know.
403
00:23:42,036 --> 00:23:45,096
Doesrt that remove
any question of consent?
404
00:23:45,507 --> 00:23:49,136
Doesrt that make it Rape One
no matter how you cut it?
405
00:23:50,111 --> 00:23:51,476
You know what's coming.
406
00:23:51,913 --> 00:23:53,073
You've been there.
407
00:23:53,073 --> 00:23:54,445
He'll be on the stand
408
00:23:54,445 --> 00:23:57,213
claiming you asked for the drug,
that it put you in the mood.
409
00:23:57,213 --> 00:24:00,050
Well, he can claim
whatever he wants.
410
00:24:08,998 --> 00:24:12,024
Here. People's Exhibit One.
411
00:24:15,471 --> 00:24:17,962
She taped it?
She's a Ph. D.
412
00:24:17,962 --> 00:24:20,304
She should've had more sense
than to go back there.
413
00:24:20,304 --> 00:24:22,173
She didn't figure
on being shot up
414
00:24:22,173 --> 00:24:23,905
with a sedative
and then getting raped.
415
00:24:23,905 --> 00:24:25,947
Our problem is that
the sedatives wear off.
416
00:24:25,947 --> 00:24:27,039
Blood scan?
417
00:24:27,039 --> 00:24:28,242
Nothing.
418
00:24:28,584 --> 00:24:31,382
Let's hope
the good doctor's a talker.
419
00:24:35,925 --> 00:24:36,675
Oh.
420
00:24:38,260 --> 00:24:40,319
Oh, yes.
421
00:24:42,966 --> 00:24:45,594
Ah, this is what you wanted.
422
00:24:46,102 --> 00:24:48,832
Yeah.
You begged for it, bitch.
423
00:24:49,606 --> 00:24:51,301
Be tough talking his way
out of that.
424
00:24:51,301 --> 00:24:54,070
Well, I think we may be the
ones doing the fast-talking.
425
00:24:54,070 --> 00:24:55,941
A crime committed
against someone
426
00:24:55,941 --> 00:24:57,502
who works for
the police department.
427
00:24:57,502 --> 00:24:59,412
Knee jerk defense.
Entrapment.
428
00:24:59,412 --> 00:25:01,916
Yeah, but she went in
for a biopsy, for God's sake.
429
00:25:01,916 --> 00:25:03,680
She wasrt there
for an examination.
430
00:25:03,680 --> 00:25:05,152
She took that tape recorder.
431
00:25:05,152 --> 00:25:08,589
There's no law against an ordinary
citizen gathering evidence.
432
00:25:08,589 --> 00:25:09,852
She's not an ordinary citizen.
433
00:25:09,852 --> 00:25:11,086
She works for us.
434
00:25:11,086 --> 00:25:13,493
Only when we ask for her help.
435
00:25:14,331 --> 00:25:16,424
Phil, tell me honestly,
was Liz working
436
00:25:16,424 --> 00:25:18,160
on behalf
of the Police Department?
437
00:25:18,160 --> 00:25:19,862
Absolutely not.
438
00:25:21,605 --> 00:25:24,130
Arrest the son of a bitch.
439
00:25:31,616 --> 00:25:32,878
How ironic.
440
00:25:37,888 --> 00:25:38,718
Excuse us, gentlemen.
441
00:25:39,190 --> 00:25:40,282
Uh, just a moment.
442
00:25:40,282 --> 00:25:41,188
There's a meeting
going on here.
443
00:25:41,188 --> 00:25:42,487
Please stand up, sir.
What?
444
00:25:42,487 --> 00:25:45,028
Dr. Alexander Merritt,
you're under arrest
445
00:25:45,028 --> 00:25:46,859
for the rape
of Elizabeth Olivet.
446
00:25:46,859 --> 00:25:48,489
You have the right
to remain silent.
447
00:25:48,489 --> 00:25:51,194
Anything you say may be used
against you in a court of law.
448
00:25:51,194 --> 00:25:52,964
Tell Miriam to call
my lawyer, will you?
449
00:25:52,964 --> 00:25:55,232
You took the words
right out of my mouth.
450
00:25:55,740 --> 00:25:58,265
The victim ID'd her
assailant. Samples match.
451
00:25:58,265 --> 00:25:59,809
I'd say we're in
pretty good shape.
452
00:25:59,809 --> 00:26:01,572
And I'd say Judge Silver
doesn't agree.
453
00:26:01,572 --> 00:26:03,136
Why else would he
grant my motion
454
00:26:03,136 --> 00:26:04,977
to close the courtroom
to the press, hmm?
455
00:26:04,977 --> 00:26:07,415
Obviously he doesn't want
to destroy an innocent man.
456
00:26:07,415 --> 00:26:09,248
He hasn't heard evidence
to the contrary.
457
00:26:09,248 --> 00:26:11,345
What evidence?
The woman asked me to...
458
00:26:11,345 --> 00:26:12,650
And you drugged her.
459
00:26:12,650 --> 00:26:14,817
Drugged her with what?
He gave her a local.
460
00:26:14,817 --> 00:26:16,690
That doesn't prevent her
from screaming.
461
00:26:16,690 --> 00:26:18,195
The victim said
it was a sedative.
462
00:26:18,195 --> 00:26:19,321
Oh, please.
463
00:26:19,321 --> 00:26:21,298
You take the word
of an hysterical woman
464
00:26:21,298 --> 00:26:23,300
against your own
Forensics experts.
465
00:26:23,300 --> 00:26:24,993
Come on, Ben.
466
00:26:24,993 --> 00:26:26,901
They had a little fun
in the afternoon.
467
00:26:26,901 --> 00:26:29,270
It cannot be rape
when both parties consent.
468
00:26:29,270 --> 00:26:32,401
I saw the bruises. I heard the
tape. I didn't hear consent.
469
00:26:32,401 --> 00:26:34,775
Mmm-hmm. And you didn't hear
something else, either.
470
00:26:34,775 --> 00:26:36,837
You didn't hear
the word "No."
471
00:26:36,837 --> 00:26:38,849
The woman gets naked,
she spreads her legs,
472
00:26:38,849 --> 00:26:40,782
and then she turns on
a tape recorder?
473
00:26:40,782 --> 00:26:43,116
Didrt I read that in last
month's Penthouse Forum?
474
00:26:43,116 --> 00:26:45,748
Danielle, she suspected
something would happen.
475
00:26:45,957 --> 00:26:48,585
Gee, Ben, now I know
why you're living alone.
476
00:26:48,585 --> 00:26:51,390
Fact: The only woman who
would knowingly put herself
477
00:26:51,390 --> 00:26:53,590
in a position to get raped
is a policewoman.
478
00:26:53,590 --> 00:26:57,192
So please, go ahead, fellows,
use the tape. You will open a can
479
00:26:57,192 --> 00:26:59,738
and a hell of a lot more than
worms are gonna crawl out.
480
00:26:59,738 --> 00:27:02,741
I will give you a hint. It
begins with "E," it ends with "T."
481
00:27:02,741 --> 00:27:05,209
And I do not
mean entertainment.
482
00:27:08,881 --> 00:27:10,815
There were semen samples.
483
00:27:11,217 --> 00:27:13,515
Her vaginal area was bruised.
484
00:27:13,853 --> 00:27:16,845
And there were haematomas
on her calves and thighs.
485
00:27:16,845 --> 00:27:19,720
Would you identify these
photographs, Dr. Helman?
486
00:27:19,720 --> 00:27:23,159
Yeah. They are the photos that
our rape expert took of Dr. Olivet
487
00:27:23,159 --> 00:27:25,459
shortly after she arrived
at the hospital.
488
00:27:25,459 --> 00:27:27,328
Offered as evidence,
Your Honor.
489
00:27:27,328 --> 00:27:29,960
Call them
People's 10, 11, and 12.
490
00:27:36,676 --> 00:27:40,578
Dr. Helman, in your opinion,
what happened to Dr. Olivet?
491
00:27:40,578 --> 00:27:42,511
I've been doing
this for six years.
492
00:27:42,511 --> 00:27:44,551
In my opinion,
that woman was raped.
493
00:27:44,852 --> 00:27:46,251
Thank you.
494
00:27:48,756 --> 00:27:51,088
In your six years
of experience, Doctor,
495
00:27:51,088 --> 00:27:54,685
have you ever seen a patient with
vaginal bruising who was not raped?
496
00:27:54,685 --> 00:27:55,751
Yes.
497
00:27:55,751 --> 00:27:57,854
And did your rape experts
scrape underneath
498
00:27:57,854 --> 00:27:59,523
the fingernails
of the alleged victim?
499
00:27:59,523 --> 00:28:00,658
Yes.
500
00:28:00,658 --> 00:28:03,430
And did they find samples
of the defendant's skin?
501
00:28:03,430 --> 00:28:04,562
No.
502
00:28:04,562 --> 00:28:06,298
Well, doesn't that
typically indicate
503
00:28:06,298 --> 00:28:08,364
that the alleged victim
did not resist?
504
00:28:08,876 --> 00:28:09,865
It might...
505
00:28:09,865 --> 00:28:11,672
In other words,
she might have consented.
506
00:28:11,672 --> 00:28:12,837
Objection.
507
00:28:13,247 --> 00:28:14,339
Withdrawn.
508
00:28:18,252 --> 00:28:21,517
Now we'll give it
a couple of seconds.
509
00:28:30,432 --> 00:28:31,332
I... I can't move.
510
00:28:48,383 --> 00:28:49,372
Oh.
511
00:28:50,585 --> 00:28:52,576
Oh, yes.
512
00:28:55,323 --> 00:28:57,382
Ah, this is what you wanted.
513
00:28:58,460 --> 00:29:01,122
Yeah.
You begged for it, bitch.
514
00:29:03,331 --> 00:29:06,664
Would you describe what
we just heard on the tape.
515
00:29:06,664 --> 00:29:09,202
I was on the table
in the examination room.
516
00:29:09,202 --> 00:29:11,135
Dr. Merritt's nurse,
Miss Gregg,
517
00:29:11,135 --> 00:29:14,039
prepared a syringe
and then left the room.
518
00:29:14,039 --> 00:29:15,770
He gave me an injection.
519
00:29:15,770 --> 00:29:19,281
Were you aware that drugs were
gonna be part of this examination?
520
00:29:19,281 --> 00:29:20,747
He told me it was a local.
521
00:29:20,747 --> 00:29:23,546
I've had minor surgery before
and that wasrt a local.
522
00:29:23,546 --> 00:29:24,950
It was some kind of sedative.
523
00:29:24,950 --> 00:29:26,146
Objection, Your Honor.
524
00:29:26,146 --> 00:29:27,280
Sustained.
525
00:29:27,280 --> 00:29:28,789
How did it make you feel?
526
00:29:29,291 --> 00:29:30,383
I couldn't move.
527
00:29:30,383 --> 00:29:31,790
Were you conscious?
528
00:29:31,790 --> 00:29:33,419
I saw everything he did.
529
00:29:33,419 --> 00:29:34,929
And what did he do?
530
00:29:34,929 --> 00:29:36,897
His eyes glazed over.
531
00:29:37,299 --> 00:29:39,529
I heard him unzip his pants.
532
00:29:40,269 --> 00:29:43,102
I tried to scream, to
push him away. I couldn't.
533
00:29:43,102 --> 00:29:45,800
He was on top of me,
then inside me.
534
00:29:47,543 --> 00:29:49,340
No further questions.
535
00:29:53,115 --> 00:29:56,710
Miss Olivet. Would you
tell the court, please,
536
00:29:56,710 --> 00:30:00,050
exactly what you did after
you left Dr. Merritt's office?
537
00:30:00,050 --> 00:30:02,114
I called the police
and went to the hospital.
538
00:30:02,114 --> 00:30:03,659
You dialed 911?
539
00:30:03,659 --> 00:30:06,321
No. I called
Det. Michael Logan.
540
00:30:06,321 --> 00:30:07,724
But you were on 76th.
541
00:30:07,724 --> 00:30:10,322
Wouldrt it have been easier
to call the 19th Precinct?
542
00:30:10,322 --> 00:30:12,960
I have a personal relationship
with Det. Logan.
543
00:30:12,960 --> 00:30:16,233
You have more than that, don't
you, Miss Olivet? You work with him.
544
00:30:16,233 --> 00:30:17,603
I've advised on...
545
00:30:17,603 --> 00:30:19,164
Oh, come on, come on.
546
00:30:19,164 --> 00:30:20,766
Every other Friday
your paycheck says
547
00:30:20,766 --> 00:30:23,039
New York City Police
Department. Is that not true?
548
00:30:23,039 --> 00:30:24,205
Yes.
549
00:30:25,515 --> 00:30:29,144
Would you tell us, please,
who is Dr. Barbara Lawrence?
550
00:30:31,187 --> 00:30:32,176
Miss Olivet?
551
00:30:34,157 --> 00:30:35,522
She's my doctor.
552
00:30:35,522 --> 00:30:36,889
What kind of doctor?
553
00:30:37,761 --> 00:30:39,729
She's a gynecologist.
554
00:30:40,564 --> 00:30:41,826
I see.
555
00:30:42,399 --> 00:30:45,732
And she's been treating you
for the last 12 years?
556
00:30:46,369 --> 00:30:47,394
Yes.
557
00:30:47,394 --> 00:30:50,338
And when was the last time
she examined you, please?
558
00:30:50,338 --> 00:30:51,668
Last September.
559
00:30:51,668 --> 00:30:55,940
Yet you saw Dr. Merritt once in
August and two times in September.
560
00:30:55,940 --> 00:30:58,140
Do you see two dentists,
too, Miss Olivet?
561
00:30:58,140 --> 00:30:59,239
Objection.
562
00:30:59,239 --> 00:31:00,511
Sustained.
563
00:31:02,153 --> 00:31:04,178
How about Diane Perkins?
564
00:31:05,489 --> 00:31:06,956
You recognize that name?
565
00:31:06,956 --> 00:31:08,286
Relevance.
566
00:31:08,286 --> 00:31:10,554
Your Honor,
Diane Perkins is a patient
567
00:31:10,554 --> 00:31:12,653
of both Dr. Olivet
and Dr. Merritt's.
568
00:31:12,653 --> 00:31:15,927
The jury will disregard
Miss Melnick's statement
569
00:31:15,927 --> 00:31:18,558
and I'll see counsel
in chambers.
570
00:31:19,870 --> 00:31:22,202
I don't see how it's relevant.
571
00:31:22,202 --> 00:31:25,071
It is when you guys
are out to play sting.
572
00:31:25,071 --> 00:31:27,610
Your Honor,
my client was entrapped.
573
00:31:27,610 --> 00:31:28,974
Explain, Miss Melnick.
574
00:31:28,974 --> 00:31:31,844
Six months ago, Miss Perkins
underwent a routine pelvic.
575
00:31:31,844 --> 00:31:35,011
Only, she freaked out. She claimed
that Dr. Merritt molested her.
576
00:31:35,011 --> 00:31:38,022
In other words, your client
was predisposed to sex crimes.
577
00:31:38,022 --> 00:31:39,216
This woman file charges?
578
00:31:39,216 --> 00:31:40,519
Of course not.
579
00:31:40,519 --> 00:31:43,186
She thinks the guy on the 6:00
news is making eyes at her.
580
00:31:43,186 --> 00:31:46,128
This woman has deep rooted
psychological problems.
581
00:31:46,128 --> 00:31:49,224
So it's no surprise that she's
a regular at Dr. Olivet's.
582
00:31:49,224 --> 00:31:52,566
But the problem is, the therapist
believed the patient's fantasy.
583
00:31:52,566 --> 00:31:56,039
And now Dr. Olivet is out
to destroy a mars life.
584
00:31:56,975 --> 00:32:00,604
I'm sorry, Ben, but the
rantings of one disturbed woman
585
00:32:00,604 --> 00:32:04,773
may be cause for suspicion, but it
in no way establishes predisposition.
586
00:32:04,773 --> 00:32:07,215
You plan on putting
Miss Perkins on the stand?
587
00:32:07,215 --> 00:32:09,549
She won't waive
her doctor-patient privilege.
588
00:32:09,549 --> 00:32:11,282
Then no one else
will do it for her.
589
00:32:11,282 --> 00:32:12,550
There'll be no further mention
590
00:32:12,550 --> 00:32:14,148
of Diane Perkins
in my courtroom.
591
00:32:14,726 --> 00:32:16,193
Count your blessings, Ben.
592
00:32:16,193 --> 00:32:19,160
If this were admissible, we'd
all be going home right now.
593
00:32:20,767 --> 00:32:22,234
What the hell is going on?
594
00:32:22,234 --> 00:32:24,166
I was raped.
That's all you needed to know.
595
00:32:24,166 --> 00:32:26,831
It would've helped to know
the alleged victim was lying.
596
00:32:26,831 --> 00:32:27,930
I never lied to you.
597
00:32:27,930 --> 00:32:30,771
The only reason you went to
Merritt is for Diane Perkins.
598
00:32:30,771 --> 00:32:33,437
That has nothing to do with
me being drugged and raped.
599
00:32:33,437 --> 00:32:35,447
It had a lot to do
with why you were raped.
600
00:32:35,447 --> 00:32:36,982
You want to know
why I went back?
601
00:32:36,982 --> 00:32:38,606
I sent Diane to Merritt.
602
00:32:38,606 --> 00:32:40,346
My gynecologist
wouldn't see her,
603
00:32:40,346 --> 00:32:42,012
and I bought
into his reputation.
604
00:32:42,012 --> 00:32:45,114
The awards, the articles.
I was responsible.
605
00:32:45,114 --> 00:32:48,217
But you did it the wrong way. If
you suspected she was molested,
606
00:32:48,217 --> 00:32:49,727
you should have gone
to the police.
607
00:32:49,727 --> 00:32:51,787
With what?
She refused to come forward.
608
00:32:51,787 --> 00:32:54,856
I didn't know whether to believe
her. She's been delusional
609
00:32:54,856 --> 00:32:58,370
and she certainly couldn't have
testified against the esteemed doctor.
610
00:32:58,370 --> 00:33:00,099
She tried to kill herself, Ben.
611
00:33:00,099 --> 00:33:03,108
You of all people should know
the importance of full disclosure.
612
00:33:03,108 --> 00:33:04,303
You had a legal obligation.
613
00:33:04,303 --> 00:33:06,073
I had an obligation
to my patient.
614
00:33:06,073 --> 00:33:08,842
And in my profession,
that's all that counts.
615
00:33:14,722 --> 00:33:16,121
It happens.
616
00:33:16,121 --> 00:33:18,715
Especially with someone
like Dr. Merritt.
617
00:33:18,715 --> 00:33:22,057
I mean, women just fall
for their gynecologists.
618
00:33:22,057 --> 00:33:24,596
Was Miss Olivet
one of these women?
619
00:33:25,032 --> 00:33:26,226
I guess so.
620
00:33:26,226 --> 00:33:28,359
Miss Gregg,
describe for us exactly
621
00:33:28,359 --> 00:33:30,665
how Miss Olivet
acted toward Dr. Merritt.
622
00:33:30,971 --> 00:33:32,700
She got very personal.
623
00:33:32,700 --> 00:33:35,241
And isn't getting personal
part of the examination?
624
00:33:35,241 --> 00:33:38,071
No. It was different.
The way she talked.
625
00:33:38,071 --> 00:33:40,340
She was definitely
interested in more
626
00:33:40,340 --> 00:33:42,314
than an examination
from Dr. Merritt.
627
00:33:42,314 --> 00:33:43,440
Objection.
628
00:33:43,440 --> 00:33:44,609
Sustained.
629
00:33:44,609 --> 00:33:46,482
No more questions.
630
00:33:47,921 --> 00:33:51,824
Miss Gregg, how long have
you worked for Dr. Merritt?
631
00:33:52,761 --> 00:33:54,558
Almost three years.
632
00:33:54,558 --> 00:33:56,254
And what is your annual salary?
633
00:33:56,698 --> 00:33:58,290
$40,000.
634
00:33:58,290 --> 00:33:59,890
Are you a registered nurse?
635
00:33:59,890 --> 00:34:01,026
No.
636
00:34:01,026 --> 00:34:02,569
And if Dr. Merritt
were convicted
637
00:34:02,569 --> 00:34:05,265
would you be making that much
money with any other doctor?
638
00:34:05,265 --> 00:34:06,398
Objection.
639
00:34:06,398 --> 00:34:07,600
Withdrawn.
640
00:34:07,809 --> 00:34:10,277
Of course you didn't hear
the flirtations on the tape
641
00:34:10,277 --> 00:34:13,178
that occurred in my office,
prior to the examination.
642
00:34:13,178 --> 00:34:16,614
Was this the first time
she was friendly?
643
00:34:16,614 --> 00:34:20,744
Miss Olivet's dialogue was
suggestive from the moment we met.
644
00:34:20,744 --> 00:34:23,380
As a matter of fact, she
called me earlier in the day
645
00:34:23,380 --> 00:34:26,393
and it wasrt about
her scheduled appointment.
646
00:34:26,594 --> 00:34:29,529
I shouldn't have made love
to her. I realize that.
647
00:34:29,529 --> 00:34:33,089
I regret it. But there's no
way in hell that I raped her.
648
00:34:33,089 --> 00:34:34,965
Thank you, Doctor.
649
00:34:35,938 --> 00:34:39,374
Doctor, your nurse,
Miss Gregg, testified
650
00:34:40,576 --> 00:34:44,945
that many of your patients become
suggestive with you, is that true?
651
00:34:45,748 --> 00:34:46,737
Yes.
652
00:34:46,737 --> 00:34:50,013
Was Dr. Olivet the only one
you ever had sex with?
653
00:34:50,219 --> 00:34:51,345
Objection. Relevance.
654
00:34:51,345 --> 00:34:54,184
Offered to show defendant's
predisposition, Your Honor.
655
00:34:54,184 --> 00:34:57,248
The defendant is predisposed to
have sex. He is a human being.
656
00:34:57,248 --> 00:35:00,022
The issue here is whether
he had non-consensual sex.
657
00:35:00,022 --> 00:35:01,460
Sustained.
658
00:35:02,498 --> 00:35:05,160
Then tell me about
your second wife, Doctor.
659
00:35:05,160 --> 00:35:08,930
Specifically, why she killed
herself wearing a leather hood.
660
00:35:08,930 --> 00:35:10,631
Objection. Relevance.
661
00:35:10,631 --> 00:35:12,570
Your Honor, the defendant tends
662
00:35:12,570 --> 00:35:14,575
towards aberrant
sexual practices.
663
00:35:14,575 --> 00:35:18,739
And this is offered to show his
predisposition to criminal sexual behavior.
664
00:35:18,739 --> 00:35:20,146
Approach.
665
00:35:23,119 --> 00:35:25,917
Whatever my client may have
done with consenting adults
666
00:35:25,917 --> 00:35:28,150
is not criminal
sexual behavior.
667
00:35:28,150 --> 00:35:31,159
The mars hobbies
are not relevant.
668
00:35:31,159 --> 00:35:33,628
Try it again, and you're
looking at a mistrial.
669
00:35:35,432 --> 00:35:36,558
The objection is sustained.
670
00:35:36,558 --> 00:35:39,693
The jury will disregard
the preceding question.
671
00:35:45,175 --> 00:35:48,508
Dr. Olivet testified
that after the injection
672
00:35:48,508 --> 00:35:51,103
she was left immobile,
nearly unconscious.
673
00:35:51,103 --> 00:35:54,617
Is that a typical reaction
to an anesthetic, Doctor?
674
00:35:55,785 --> 00:35:58,151
Some people
have allergic reactions.
675
00:35:58,151 --> 00:36:00,746
I gave her a local.
A small dosage of lidocaine.
676
00:36:00,746 --> 00:36:02,155
It was for her own benefit.
677
00:36:02,155 --> 00:36:05,217
Do you usually anaesthetize
your partners before sex, Doctor?
678
00:36:05,217 --> 00:36:06,354
Objection.
679
00:36:06,354 --> 00:36:07,454
Withdrawn.
680
00:36:08,132 --> 00:36:10,157
Do you call all
your women bitches, Doctor?
681
00:36:10,157 --> 00:36:11,223
Your Honor!
682
00:36:11,223 --> 00:36:13,099
Enough, Mr. Stone.
683
00:36:17,675 --> 00:36:19,666
Madam Forewoman,
have you reached a verdict?
684
00:36:19,666 --> 00:36:20,768
We have, Your Honor.
685
00:36:20,768 --> 00:36:22,335
On the sole count
of the indictment,
686
00:36:22,335 --> 00:36:24,313
Rape in the First Degree,
how do you find?
687
00:36:24,515 --> 00:36:26,608
We find the defendant guilty.
688
00:36:37,895 --> 00:36:39,192
Is this unanimous?
689
00:36:39,192 --> 00:36:40,594
It is, Your Honor.
690
00:36:41,032 --> 00:36:43,728
It is your job to listen
to all of the evidence,
691
00:36:43,728 --> 00:36:46,167
not pick and choose
at your whim.
692
00:36:47,004 --> 00:36:48,972
The evidence
clearly established
693
00:36:48,972 --> 00:36:51,098
that but for the actions
of the police,
694
00:36:51,098 --> 00:36:55,203
Dr. Merritt would never have formed
the requisite criminal intent.
695
00:36:55,203 --> 00:36:57,646
And the State
utterly failed to demonstrate
696
00:36:57,646 --> 00:36:59,308
that the defendant
was predisposed
697
00:36:59,308 --> 00:37:00,510
to criminal behavior.
698
00:37:00,510 --> 00:37:01,643
Your Honor...
699
00:37:01,643 --> 00:37:02,948
When a respected doctor
700
00:37:02,948 --> 00:37:05,649
without any prior tendency
towards criminal behavior
701
00:37:05,649 --> 00:37:08,454
is induced,
and very possibly seduced,
702
00:37:08,454 --> 00:37:10,927
into committing a crime,
it's an outrage.
703
00:37:11,530 --> 00:37:13,191
I, for one,
will not ruin a mars life
704
00:37:13,191 --> 00:37:15,756
because the police
overstepped their bounds
705
00:37:16,268 --> 00:37:18,236
and a jury is too blinded
by graphic photos
706
00:37:18,236 --> 00:37:20,703
and emotional testimony
to see it.
707
00:37:21,540 --> 00:37:24,600
As such, I'm entering
a trial order of dismissal.
708
00:37:39,258 --> 00:37:41,351
He could just disregard
the jury's verdict?
709
00:37:41,351 --> 00:37:43,793
If he feels the jury
disregarded the facts presented,
710
00:37:43,793 --> 00:37:44,921
yes, he can.
711
00:37:44,921 --> 00:37:47,057
Yup. We should've
seen it coming.
712
00:37:47,057 --> 00:37:51,695
Hon. Keith Silver wrote the book
On the Rights of the Accused.
713
00:37:52,271 --> 00:37:55,502
He thinks Miranda
five pages too short.
714
00:37:55,502 --> 00:37:58,008
So Merritt
just walks away scot-free?
715
00:37:58,008 --> 00:37:59,373
Oh, there's got to be others.
716
00:37:59,373 --> 00:38:00,935
What about that Perkins woman?
717
00:38:00,935 --> 00:38:03,175
I can't imagine
what a trial would do to her.
718
00:38:03,175 --> 00:38:05,717
She's still unable to tell me
exactly what happened.
719
00:38:05,717 --> 00:38:07,548
What do we know
about that nurse?
720
00:38:07,548 --> 00:38:09,520
I know she lied
for him on the stand.
721
00:38:09,520 --> 00:38:11,750
Job's that good,
it's won'th jail time?
722
00:38:11,750 --> 00:38:13,485
You think he's got
something on her?
723
00:38:13,485 --> 00:38:14,924
I thought you can't retry him.
724
00:38:14,924 --> 00:38:18,657
Not for what he did to you, but we
do know the doctor has a history.
725
00:38:18,657 --> 00:38:20,631
Check out Nurse Gregg.
726
00:38:23,404 --> 00:38:27,272
Miriam Gregg. It's no wonder she's
attracted to the medical profession.
727
00:38:27,272 --> 00:38:29,639
Two drug convictions,
using and selling,
728
00:38:29,639 --> 00:38:31,974
mostly prescription,
mostly Percodan.
729
00:38:31,974 --> 00:38:34,673
I'm sure Dr. Merritt has
an unlimited supply of that.
730
00:38:34,673 --> 00:38:36,841
So he bought her help
and protection.
731
00:38:36,841 --> 00:38:38,817
She prepared the syringe.
732
00:38:38,817 --> 00:38:41,548
She knows it was a sedative
not an anesthetic.
733
00:38:41,548 --> 00:38:45,114
Unfortunately, the drug scan
can't confirm anything.
734
00:38:45,114 --> 00:38:47,285
Well, maybe Nurse Gregg
is not up-to-date
735
00:38:47,285 --> 00:38:49,522
on the latest
in forensic science.
736
00:38:51,432 --> 00:38:53,593
You're accusing me of rape?
737
00:38:53,593 --> 00:38:57,159
Gee, sorry, fellows, but I like
my sex the old-fashioned way.
738
00:38:57,159 --> 00:38:58,761
No, I'm sorry, Miss Gregg.
739
00:38:58,761 --> 00:39:01,774
You prepared the syringe
and it wasrt an anesthetic.
740
00:39:01,774 --> 00:39:03,833
Makes you an accomplice.
741
00:39:03,833 --> 00:39:05,673
You can't prove anything.
742
00:39:05,673 --> 00:39:07,975
Science is a wonderful thing,
Miss Gregg.
743
00:39:07,975 --> 00:39:10,882
FBI tells us that the new
gas chromatography tests
744
00:39:10,882 --> 00:39:13,682
can prove that it was
a sedative in the syringe.
745
00:39:14,823 --> 00:39:18,224
The good news is that your
Percodan supply's dried up.
746
00:39:18,224 --> 00:39:20,590
Better news is that
we have enough evidence
747
00:39:20,590 --> 00:39:22,892
to prosecute you for Rape One.
748
00:39:27,335 --> 00:39:30,827
You mean he gets his jollies,
and I have to go to jail?
749
00:39:30,827 --> 00:39:32,338
For at least 25 years.
750
00:39:32,338 --> 00:39:35,205
We're not talking
about only one count.
751
00:39:36,578 --> 00:39:41,072
But, wait a minute. That Perkins
woman, he did that on his own.
752
00:39:48,756 --> 00:39:50,849
If I was raped
why don't I remember?
753
00:39:50,849 --> 00:39:53,086
You know, I think
I'd remember being raped.
754
00:39:53,762 --> 00:39:56,060
I wanted to shut it out, too.
755
00:39:56,565 --> 00:39:59,090
Just act like
it was a bad dream.
756
00:40:05,541 --> 00:40:07,600
It won't go away, Diane.
757
00:40:10,012 --> 00:40:12,276
I think it was someone else.
758
00:40:13,015 --> 00:40:14,915
I don't think
it happened to me.
759
00:40:14,915 --> 00:40:16,383
I know.
760
00:40:18,454 --> 00:40:20,786
I felt like
it was someone else, too.
761
00:40:21,824 --> 00:40:23,621
Like I didn't exist.
762
00:40:31,300 --> 00:40:32,289
I...
763
00:40:33,636 --> 00:40:35,934
I had these terrible cramps.
764
00:40:37,106 --> 00:40:38,938
What kind of cramps?
765
00:40:40,243 --> 00:40:41,767
I don't know.
766
00:40:45,715 --> 00:40:49,811
He was sweating,
and all I could think of was:
767
00:40:50,787 --> 00:40:55,383
It's not hot in here.
Why is he sweating?
768
00:40:58,595 --> 00:41:00,859
My feet were in the stirrups.
769
00:41:00,859 --> 00:41:03,161
L... I tried to get away
but I... I couldn't.
770
00:41:06,136 --> 00:41:08,161
He just left me there
771
00:41:11,107 --> 00:41:13,234
with my legs up.
772
00:41:17,280 --> 00:41:19,840
He didn't say anything.
773
00:41:21,651 --> 00:41:25,088
He just snapped off his gloves.
774
00:41:25,790 --> 00:41:30,659
He threw them away,
and he walked out.
775
00:41:33,097 --> 00:41:38,034
He left me there like I
was a piece of garbage.
776
00:41:42,139 --> 00:41:44,266
It wasrt your fault, Diane.
777
00:41:53,951 --> 00:41:54,815
She remembers,
778
00:41:54,815 --> 00:41:57,445
but putting her on the stand
would be disastrous for her.
779
00:41:57,445 --> 00:41:58,988
With the nurse to corroborate,
780
00:41:58,988 --> 00:42:00,546
all she has to do
is say it happened.
781
00:42:00,546 --> 00:42:02,490
Merritt's lawyer
will destroy her.
782
00:42:02,490 --> 00:42:05,154
She thinks she's responsible.
She thinks she seduced him.
783
00:42:05,154 --> 00:42:06,287
That's ridiculous.
784
00:42:06,287 --> 00:42:07,353
It's typical.
785
00:42:07,353 --> 00:42:09,900
Without her testimony, Liz,
we can't prosecute.
786
00:42:09,900 --> 00:42:13,493
After he raped me, he just
smiled and left the room.
787
00:42:13,493 --> 00:42:16,370
After the acquittal
he had that same damn smile.
788
00:42:16,370 --> 00:42:19,342
It was like he was bragging
to everyone in the room.
789
00:42:19,342 --> 00:42:21,140
"I did it
and I got away with it
790
00:42:21,140 --> 00:42:23,340
and there's nothing
anyone can do."
791
00:42:23,882 --> 00:42:25,975
You mean,
bragging is part of this?
792
00:42:25,975 --> 00:42:28,849
It's what makes
his conquest complete.
793
00:42:31,590 --> 00:42:35,026
Call Cerreta and Logan,
and have Dr. Merritt arrested.
794
00:42:35,026 --> 00:42:36,424
Ben, I told you...
795
00:42:36,424 --> 00:42:38,053
Diane won't have to testify.
796
00:42:38,397 --> 00:42:40,991
And make sure
that the local news knows
797
00:42:40,991 --> 00:42:43,125
when Merritt will be arraigned.
798
00:42:46,405 --> 00:42:48,771
Do you think you'll be
successful this time?
799
00:42:48,771 --> 00:42:51,172
I don't go forward
unless I think I have a case.
800
00:42:51,172 --> 00:42:53,074
Yeah, but is it a good case?
801
00:42:53,074 --> 00:42:54,372
What's the problem?
802
00:42:54,372 --> 00:42:56,881
Dr. Merritt's guilty.
Why has it been so difficult
803
00:42:56,881 --> 00:42:58,940
to successfully prosecute him?
804
00:42:58,940 --> 00:43:00,781
It's the same
with most rape cases.
805
00:43:00,781 --> 00:43:02,717
Even more so
when doctors are involved.
806
00:43:02,717 --> 00:43:05,087
The victims feel disgraced.
They feel guilty
807
00:43:05,087 --> 00:43:07,388
and they're ashamed
to come forward.
808
00:43:07,388 --> 00:43:08,859
There's Dr. Merritt.
809
00:43:08,859 --> 00:43:10,190
Excuse me.
810
00:43:10,190 --> 00:43:13,096
Doctor, will you be exonerated
of all charges?
811
00:43:13,866 --> 00:43:16,027
Could we get
a statement please?
812
00:43:16,027 --> 00:43:18,036
I assure you,
I've done nothing wrong.
813
00:43:18,036 --> 00:43:20,004
I treat women,
I don't rape them.
814
00:43:20,004 --> 00:43:22,132
Women respect me.
It's been my success.
815
00:43:22,132 --> 00:43:25,302
Look, this is a vendetta by the
DA's office, pure and simple.
816
00:43:25,302 --> 00:43:28,006
This case
will never get to trial.
817
00:43:28,481 --> 00:43:30,039
Arrogant SOB.
818
00:43:30,039 --> 00:43:32,084
He can afford it.
He's one for one.
819
00:43:32,084 --> 00:43:35,484
You telling the world that we don't
have a case only feeds his ego.
820
00:43:35,484 --> 00:43:36,579
We're working on it, Adam.
821
00:43:36,579 --> 00:43:37,645
We'll have a case.
822
00:43:37,645 --> 00:43:39,157
I hope to hell we do.
823
00:43:39,157 --> 00:43:43,060
Or we'll all be dancing in front
of the disciplinary committee.
824
00:43:43,797 --> 00:43:45,264
I hope this works.
825
00:43:45,264 --> 00:43:48,324
A lot of people watch
the 6:00 news, Paul.
826
00:43:53,307 --> 00:43:54,399
You pursue this, Ben,
827
00:43:54,399 --> 00:43:55,999
I'm going to
the appellate division.
828
00:43:55,999 --> 00:43:57,304
Retaliatory prosecution.
829
00:43:57,304 --> 00:43:59,812
If you are lucky, my dear,
you will just get disbarred.
830
00:43:59,812 --> 00:44:01,006
You do what you have to do.
831
00:44:01,006 --> 00:44:03,049
You've been humiliated
in court once,
832
00:44:03,049 --> 00:44:04,744
and that was with
a Ph. D. On the stand.
833
00:44:04,744 --> 00:44:07,685
Can you imagine what happens with
a psychopath and a drug addict?
834
00:44:07,685 --> 00:44:10,588
Please, Ben, drop the
charges against Dr. Merritt.
835
00:44:10,958 --> 00:44:13,051
Consider saving
your own career.
836
00:44:13,051 --> 00:44:15,618
When I was a boy
I collected baseball cards.
837
00:44:15,618 --> 00:44:16,890
And there was this one kid
838
00:44:16,890 --> 00:44:20,957
who convinced me to trade a
Duke Snider for a Gene Hermanski.
839
00:44:21,502 --> 00:44:23,094
He said it was a good deal.
840
00:44:23,094 --> 00:44:24,603
What the hell does that mean?
841
00:44:24,603 --> 00:44:26,070
I learned the hard way.
842
00:44:26,070 --> 00:44:28,939
For a deal to be good, there
has to be equal consideration.
843
00:44:28,939 --> 00:44:31,979
And there's no way you can
cough up enough consideration
844
00:44:31,979 --> 00:44:33,377
to justify a deal for him.
845
00:44:34,015 --> 00:44:35,380
Why?
846
00:44:37,452 --> 00:44:41,047
Fifty-four women you either
raped, molested, or abused.
847
00:44:48,029 --> 00:44:50,589
In the future, sir,
stay off the evening news.
848
00:45:05,146 --> 00:45:07,740
Okay, Ben, what do you want?
849
00:45:09,484 --> 00:45:12,010
In a perfect world,
I'd like to see your client
850
00:45:12,010 --> 00:45:15,215
locked in a room for a week
with these women.
851
00:45:16,025 --> 00:45:17,322
But I'll settle for seeing him
852
00:45:17,322 --> 00:45:19,452
spend the rest
of his life in jail.
853
00:45:34,477 --> 00:45:36,035
I'm faking it.
854
00:45:39,215 --> 00:45:40,705
Faking what?
855
00:45:44,320 --> 00:45:47,881
I was halfway through a session
this morning with this woman
856
00:45:47,881 --> 00:45:50,891
when I realized
I hadrt been listening.
857
00:45:52,928 --> 00:45:55,260
I hadrt heard what she said.
858
00:45:57,534 --> 00:45:58,933
It happens.
859
00:46:03,940 --> 00:46:05,874
Doesrt happen to me.
860
00:46:11,948 --> 00:46:13,381
It'll pass.
861
00:46:20,223 --> 00:46:21,554
Will it?