1. by two separate yet
equally important groups:
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2. the police,
who investigate crime
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3. and the district attorneys
who prosecute the offenders.
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4. These are their stories.
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5. Okay, wake up, sleepyheads.
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6. Vamos, ninos.
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7. Line up for your
cookies and O.J.
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8. Here you go.
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9. Oh, boy.
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10. Deirdre, wake up, sweetie.
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11. Didi?
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12. Thank you.
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13. Come on, Didi.
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14. Nap time's over.
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15. Deirdre, is something wrong?
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16. I'm sorry, Miss Perez.
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17. Oh, my God.
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18. I'm sorry.
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19. I told them
this would happen.
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20. I told them.
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21. Jesus, Mary and Joseph.
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22. How is she?
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23. Vitals are there, but
they're flattening out.
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24. Excuse me.
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25. Let's go. Easy.
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26. I knew this was going to happen.
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27. You, uh, her teacher?
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28. Well, what did happen,
Miss...?
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29. Perez.
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30. An accident,
that's what happened.
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31. An accident?
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32. Then why did you
call the police?
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33. What's going on?
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34. Miss Perez, uh, kindly take
control of your classroom.
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35. Are you the principal?
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36. Dr. Babcock.
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37. May I see some
identification?
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38. Was the girl injured
in the school, Dr. Babcock?
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39. Absolutely not.
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40. She was assaulted by her...
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41. Miss Perez.
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42. She can be rather
trigger-happy.
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43. Have the parents
been notified?
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44. I called them,
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45. but there was
no one home.
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46. They both work, I believe.
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47. I'll need
the names and address.
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48. Of course.
In my office.
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49. What the hell's
going on here?
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50. I told Babcock
about Didi.
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51. And he shined you on?
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52. She's dying, isn't she?
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53. Captioning sponsored by
NBC/UNIVERSAL
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54. Ah, an upscale crypt.
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55. But they both work.
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56. Ah, I hope
the elevator works.
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57. Ripperton, Cassal,
Myamoto, Schwartz...
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58. Just your huddled masses
yearning to breathe free.
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59. Yeah, at three grand
a month.
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60. Lowenstein— 1-B.
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61. Thank God, it's on
the ground floor.
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62. Mrs. Lowenstein?
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63. We need to speak
to Carla Lowenstein.
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64. It's an emergency.
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65. What kind?
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66. What kind? Medical.
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67. Dr. Babcock
tried to phone you.
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68. Yeah, well, I need my rest.
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69. Are you...
Are you Didi's mother?
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70. Yeah. What's the matter?
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71. We want to know if there
was anything wrong
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72. with Deirdre this morning?
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73. This morning?
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74. Yes. Before school.
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75. I'm sorry. I don't know
what you mean.
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76. Perhaps we could
come in and talk.
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77. No, I really would rather
you didn't.
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78. All right, hold it.
Time out.
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79. Lady, listen to us.
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80. Your daughter
may be losing consciousness.
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81. What are you,
brain-dead yourself?
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82. Well, I fell.
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83. We're not talking about you.
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84. We're talking about
your daughter.
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85. Deirdre. Didi.
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86. Maybe I was holding it
when I fell.
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87. I don't remember.
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88. Where's your husband,
Mrs. Lowenstein?
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89. Out of town.
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90. Why don't you come with us?
I'm sure Deirdre
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91. would want her mother
to be with her right now.
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92. I can't.
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93. Ezra's not well.
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94. I have to watch it.
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95. Mrs. Lowenstein...
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96. At this stage, it looks like
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97. an acute insult
to the brain stem.
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98. The cat scan will
tell us more.
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99. Doctor, when
you say acute...
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100. I mean traumatic.
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101. Let me ask you. Could it have
been caused by a fall?
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102. Yeah, a fall from
a third-story window, maybe.
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103. We need a volunteer with
a wheelchair to admitting.
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104. Volunteer with wheelchair
to admitting.
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105. Hey, I'm just their neighbor.
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106. You never noticed?
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107. How about
an occasional glance
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108. from your box seat
at the rear window?
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109. Give me a break.
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110. Do I look like a peeper to you?
Huh?
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111. Mm-hmm.
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112. Okay, Dick Tracy,
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113. how do I see through
the drawn shades, huh?
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114. You look enough to know
that they're drawn.
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115. You must
see something.
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116. Now, let me reiterate,
gentlemen.
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117. Miss Perez is prone
to excitability.
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118. It's a cultural thing.
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119. Instead of running off
half cocked,
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120. to call the police,
she should have
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121. followed school
district guidelines.
Which are?
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122. Which are to report her
suspicions to the school nurse.
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123. If the nurse finds evidence
of abuse she comes to me.
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124. If I find
the situation warrants it
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125. I'll notify the Department
of Juvenile Services.
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126. By which time,
the kid's in a coma.
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127. Those are some guidelines.
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128. Why don't you stick
to police work, Detective?
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129. Why don't you stop trying
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130. to cover your ass,
Mr. Babcock?
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131. Mike, Mike.
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132. Take it easy.
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133. He's never recovered
from the nuns.
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134. A cultural thing.
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135. Now doc,
let me tell you
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136. about our guidelines, okay?
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137. When someone, anyone—
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138. even a high-strung
Puerto Rican lady— comprende?--
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139. thinks a child
is being beaten
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140. that person
is supposed to report it
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141. to the authorities.
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142. If the authorities don't act
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143. they leave themselves open
to all sorts of repercussions.
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144. Am I making sense to you?
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145. I, uh...
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146. Did Miss Perez ever tell you
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147. that Didi Lowenstein
might be an abused child?
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148. Yes, she did.
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149. When?
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150. Several times,
beginning in September.
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151. Did you do anything about it?
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152. Of course.
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153. I notified
the Juvenile Services.
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154. Oh? Then why
this hush-hush routine?
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155. Because, these days,
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156. there's always a danger
of a witch hunt.
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157. It could destroy
the reputation of the parents.
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158. We have to be very circumspect
about these accusations.
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159. Sure. I understand.
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160. Luckily, we don't.
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161. Let's go, Mike.
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162. There it is.
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163. Dr. Babcock
initiated the report
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164. and we received it
on September 22.
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165. Not much of a report.
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166. What did you do with it?
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167. We filed it,
as required by law.
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168. You didn't follow it up?
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169. Not yet.
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170. We fully intend to.
It's an active file.
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171. As required by...
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172. I know—
as required by law.
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173. Sounds like, "I was
just following orders."
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174. How many other kids
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175. you got on this active
file, Miss Dobrinski?
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176. This is just the city,
Detective Logan.
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177. Last I heard,
there was something like
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178. 100,000 cases a year
in the state of New York.
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179. We kind of have our hands full.
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180. Sorry.
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181. I got to go.
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182. Where the hell have you been?
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183. Hey, hey, hey.
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184. Don't take it out
on me, Max.
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185. Domestic violence unit?
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186. Yeah, they dropped
by last month.
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187. No one around but her
and the two kids
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188. but she had a good
head start on a shiner.
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189. Swinging door?
Mugger.
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190. Said he got her right
in front of her building.
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191. And her husband was
out of town again?
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192. Mm-hmm.
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193. What is this guy,
a beer salesman?
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194. He's a shrink.
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195. A shrink?
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196. Let's go see
if the doctor's in yet.
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197. Just hold your psycho-babble
to a minimum, lady.
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198. I got a question
I want to ask.
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199. Are you in charge
of this ape?
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200. My cross to bear.
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201. We're trying to get
a business address
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202. for Dr. Lowenstein.
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203. You know,
Jacob Lowenstein.
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204. He's one of your people.
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205. Was.
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206. Used to be.
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207. What happened?
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208. There was...
there were some problems.
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209. Of what nature, Miss Rawlins?
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210. I'm not at liberty
to discuss this.
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211. Fine. For now,
we just have to find him.
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212. His child is sick.
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213. Didi?
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214. He... I understand
that he sometimes
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215. does some consulting work
out of the Graybar building.
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216. Dr. Lowenstein?
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217. End of the hall.
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218. Good. Very good.
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219. Dr. Lowenstein?
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220. We're in the middle
of a session here!
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221. Yeah. I can see that.
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222. Who are you?
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223. What do you want here?
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224. It's about Didi.
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225. She's sick.
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226. We thought you'd like to know.
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227. We can't hold
this guy forever.
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228. You're going to have
to charge him with something.
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229. That bottle
of cocaine we found,
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230. he's going spastic trying
to tap dance around that one.
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231. What are you
talking about?
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232. What the hell's going on?
You know the law.
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233. It's an invalid search.
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234. You've got no warrant
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235. you've got
no probable cause.
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236. You got nothing here.
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237. That's it, no.
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238. You have
no right to...
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239. Is something the matter, doc?
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240. He's trying
to sandbag me.
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241. He's trying to railroad me
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242. into something that I don't
know anything about.
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243. You trying to tell me
you were totally unaware
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244. of your daughter's
condition?
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245. That's right.
Completely.
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246. And why is that?
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247. Why is that?
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248. I was, uh... a little out of it.
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249. We thought it was out of town.
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250. What? Carla tell
you that?
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251. Look, I have
to tell her something.
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252. She's unbelievably
jealous.
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253. If I'm working late
at the office
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254. she assumes that
I'm getting carpet burn
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255. with the cleaning lady,
my secretary, anybody.
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256. Doesn't matter.
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257. Aren't you?
Aren't I what?
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258. Please. That was therapy.
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259. For her or for you?
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260. For her.
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261. In Reichian therapy,
the patient has to...
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262. Really get
to know
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263. the therapist.
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264. How about those legs
of hers, huh?
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265. Who was it?
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266. Uh, James M. Cain.
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267. "She looked so good
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268. I wanted to hit her
with a hammer."
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269. Hey, it was only
a figure of speech.
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270. Is that what happened to Didi?
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271. What are you talking about?
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272. What? You think I hit Didi?
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273. I'm dealing with
an irrational person.
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274. I'm trying to keep
everything together.
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275. How? By giving her
a slap once in a while?
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276. Keep her
in line?
Max.
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277. Oh, no, my son is with her.
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278. My son, my son
is with her.
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279. We'll take care
of it.
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280. I was there lunchtime
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281. and she never even mentioned
that Didi was hurt.
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282. Hey! Hey!
I have to get out of here.
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283. She could do a number on him.
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284. I'm afraid of what
she's going to do.
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285. Now can we hold the guy?
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286. Maybe you better bring in
Mrs. Lowenstein, too, huh?
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287. Stop doing that with your eyes.
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288. You keep doing that
with your eyes
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289. they'll stay stuck like that
for the rest of your life.
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290. Didn't I warn you?
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291. You hear me?
You're going to learn, mister.
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292. You are going to learn
if it's the last thing I do.
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293. Come here. Come here.
Come on.
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294. You're going to listen to me
once and for all.
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295. Open this door! Open up, now!
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296. I'll teach you a lesson
you're never going to forget.
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297. Come on! Come on!
You have to learn!
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298. You have to learn!
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299. Mommy!
What are you doing?
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300. That's not yours!
That's not his!
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301. Good God almighty.
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302. He's got to learn!
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303. I know, I know, I know.
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304. She seems
to be improving.
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305. Ballismus.
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306. It's an involuntary reaction.
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307. It's a sign
of deep cerebral damage.
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308. Deirdre didn't just
hit her head, Carla.
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309. Somebody must have done
something to her.
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310. Where did you say Jacob was?
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311. He's in custody, don't
worry, he can't hurt you.
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312. Is he all right?
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313. I mean, nobody can, you know...
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314. you know, get to him, can they?
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315. Why would anyone
want to get to him?
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316. Well, he's
a very attractive man.
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317. Did he ask for me?
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318. I really need to see him.
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319. That's up to him.
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320. Now, Carla,
Copy !req
321. try to remember.
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322. Did you ever see Jacob
Copy !req
323. strike either of your children?
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324. He's a very loving father.
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325. He's beaten you.
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326. He loves me.
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327. We're very much in love.
Copy !req
328. Do you know that Ezra
Copy !req
329. is with juvenile authorities
under protective custody?
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330. How can I be expected
to know anything?
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331. How you doing?
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332. I can use some
more stuff, you know?
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333. In a little while.
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334. I'm afraid I'm going
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335. to have to ask you
to come back another time.
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336. No problem.
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337. You think
she beat the kid up?
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338. I don't know.
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339. I know she's nuts.
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340. The way she lay there...
Copy !req
341. primping herself, you know.
Copy !req
342. It just made me want to puke.
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343. She has been slapped
around pretty good.
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344. I'm not so sure she's to blame.
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345. There are some women
who provoke it.
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346. Come on, it's true.
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347. You think she cares
Copy !req
348. diddly about those kids
or anything else?
Copy !req
349. Huh?
Copy !req
350. Everything's a mirror to her.
Copy !req
351. She holds a dying kid up to it,
and all she can see
Copy !req
352. is herself,
and how it affects her.
Copy !req
353. Now you give her sympathy,
she's going to want to fight.
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354. You give her a fight,
she's gonna want a kiss.
Copy !req
355. You give her a kiss,
and I swear to God
Copy !req
356. she'll bite your tongue out.
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357. You, uh...
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358. you saw this on Oprah or what?
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359. My mother.
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360. Yeah.
Copy !req
361. She always said she was cut out
for something greater
Copy !req
362. than being the wife of a cop
from the Lower East Side.
Copy !req
363. God, she was...
she was a bottomless pit.
Copy !req
364. I mean it was always
Copy !req
365. "Give me your
undivided attention"
Copy !req
366. but when the old man
couldn't take anymore
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367. and gave her a whack,
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368. then she'd turn around
and whack me.
Copy !req
369. She always got this look
in her eye, you know
Copy !req
370. and then
I saw it coming.
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371. Now this witch in here...
Copy !req
372. she's got that same look.
Copy !req
373. We have blood on the floor, yes,
Copy !req
374. it matches the blood
on Deirdre's head, yes,
Copy !req
375. and yes, we haven't proven
anything here.
Copy !req
376. How about we try to obtain
a confession?
Copy !req
377. We got an M.E. who says
Copy !req
378. there's no way
it was an accident.
Copy !req
379. You want me to go and
beat it out of her, Mike?
Copy !req
380. I'm sure he means
Copy !req
381. why don't we go
work Lowenstein?
Copy !req
382. And that's
a good idea.
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383. I released him.
Copy !req
384. What?
What?
Copy !req
385. He was screaming false
imprisonment on the coke bust.
Copy !req
386. No probable cause!
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387. Thanks
for telling us.
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388. Cragen... Yes, Max.
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389. What?
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390. It's for you.
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391. Yeah?
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392. Yes, Rudy.
Copy !req
393. What, did you get
a new pair of binoculars?
Copy !req
394. Look, sometimes...
Copy !req
395. well, occasionally,
the shades are up.
Copy !req
396. Every once in a while,
I just happen to look out.
Copy !req
397. And do you ever happen
to see anything?
Copy !req
398. Two nights ago,
mommie dearest
Copy !req
399. was dancing around
like a whirling dervish.
Copy !req
400. Where was the little girl?
Copy !req
401. She was shaking her
like she was a rag doll,
Copy !req
402. and then the husband came home.
Copy !req
403. What time was that?
Copy !req
404. I don't know, late.
11:00, maybe later.
Copy !req
405. Look, I wanted to tell you,
but I was afraid...
Copy !req
406. What happened when
Dr. Lowenstein came in?
Copy !req
407. He belted her.
Copy !req
408. The girl?
Copy !req
409. No, the wife.
Copy !req
410. And then she slapped the kid.
Copy !req
411. I told you.
Didn't I tell you?
Copy !req
412. I can't believe
she's not locked up.
Copy !req
413. She's under
observation at Bellevue.
Copy !req
414. The hell she is.
Copy !req
415. I just saw her getting out
of a cab less than an hour ago.
Copy !req
416. Ain't bureaucracy great?
Copy !req
417. And she had
the little boy with her.
Copy !req
418. Where's the boy?
Copy !req
419. Now Carla,
I'm taking you in.
Copy !req
420. Come on up now.
Copy !req
421. Do you understand?
Copy !req
422. Let's go.
Copy !req
423. I'm charging you
with assault on Didi.
Copy !req
424. Max.
Copy !req
425. Did he do this to you?
Copy !req
426. Carla...
Copy !req
427. You stupid cow.
Copy !req
428. No!
Copy !req
429. You're under arrest.
Copy !req
430. Cuffs!
Copy !req
431. Daddy, Pookie's scared.
Copy !req
432. Pookie doesn't want
to go to jail.
Copy !req
433. You see? You see what
I got to put up with?
Copy !req
434. Come on.
We're going for a walk.
Copy !req
435. You have the right
to remain silent.
Copy !req
436. You have the right
to an attorney.
Copy !req
437. Anything you do say may be used
against you in a court of law.
Copy !req
438. $500,000 is unreal, Your Honor.
Copy !req
439. I can make
it higher.
Copy !req
440. Dr. Lowenstein
has made his bail
Copy !req
441. because he controls
all the family funds.
Copy !req
442. This woman is indigent.
Copy !req
443. In this instance,
half a million dollars bail
Copy !req
444. is not only excessive
it is discriminatory.
Copy !req
445. Oh, why is that?
Copy !req
446. Look at this woman.
Copy !req
447. She can hardly follow
the proceedings
Copy !req
448. she's been so badly beaten.
Copy !req
449. My heart bleeds.
Copy !req
450. What's your point?
Copy !req
451. She needs medical attention,
not jail time.
Copy !req
452. There's an infirmary at the
women's prison, Your Honor.
Copy !req
453. Mrs. Lowenstein's bond
remains as set.
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454. Officer, handle her
with kid gloves.
Copy !req
455. Please.
Copy !req
456. It's all right,
it's all right.
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457. Soon as you can, um,
I need the details.
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458. It's just that
I find it hard to believe.
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459. Trust me,
I don't go around
Copy !req
460. delivering news
like this as a gag.
Copy !req
461. What about my baby,
is he all right?
Copy !req
462. He's okay.
Copy !req
463. He's in a foster home
Copy !req
464. until this thing
gets resolved.
Copy !req
465. Oh, Ezra.
Copy !req
466. Yes, of course.
Copy !req
467. What baby were you referring to?
Copy !req
468. Your husband?
Copy !req
469. Is that who you're
thinking about
Copy !req
470. at a time like this?
Copy !req
471. So it's resolved.
Copy !req
472. What do you mean?
Copy !req
473. Didi's gone.
Copy !req
474. It's over.
Copy !req
475. Resolved.
Copy !req
476. I'd like to get some rest.
Copy !req
477. Carla,
Copy !req
478. this is very serious.
Copy !req
479. I know that.
Copy !req
480. I'm accused of murdering
my own daughter,
Copy !req
481. isn't that it?
Copy !req
482. Yes, yes, you are.
Copy !req
483. We have a witness who saw you
roughing Deirdre up that night.
Copy !req
484. But only you and your husband
know which one of you hit her.
Copy !req
485. Maybe you didn't hit her.
Copy !req
486. Maybe your husband...
Copy !req
487. Nobody hit Didi.
Copy !req
488. Okay... pushed her down.
Copy !req
489. Maybe she wouldn't stop crying,
so he picked her up and...
Copy !req
490. He picked her up.
Copy !req
491. And then he threw her?
Copy !req
492. And then he laid hands on it.
Copy !req
493. What do you mean?
Copy !req
494. To fix it.
Copy !req
495. To make it better.
Copy !req
496. Jacob says
Copy !req
497. that healing is a matter
of adjusting your mind
Copy !req
498. to God's will.
Copy !req
499. What a pleasant surprise.
Copy !req
500. On Didi Lowenstein,
did you find evidence
Copy !req
501. of sexual abuse?
Copy !req
502. No.
Copy !req
503. Did you look?
Copy !req
504. No.
Copy !req
505. Why not?
Copy !req
506. 'Cause nobody told me to.
Copy !req
507. Somebody just did.
Copy !req
508. The point, Miss Green.
Copy !req
509. Your Honor, Carla Lowenstein
was battered almost to death
Copy !req
510. by Mr. Redding's client.
Copy !req
511. To try them together
would be a terrible injustice.
Copy !req
512. Since we're not in open court
Copy !req
513. can we dispense
with the feminist rhetoric
Copy !req
514. and talk bottom line?
Copy !req
515. Since I do agree
with you on one point.
Copy !req
516. Dr. Lowenstein
is innocent of murder
Copy !req
517. since he did not strike Deirdre.
Copy !req
518. Therefore, I would
like a severance.
Copy !req
519. Mr. Stone?
Copy !req
520. There has been a total disregard
Copy !req
521. for the life
of an innocent child...
Copy !req
522. of two innocent children.
Copy !req
523. I'd like to insure
Copy !req
524. that history
doesn't repeat itself
Copy !req
525. in the Lowenstein household.
Copy !req
526. One of those two people
struck a six-year-old child
Copy !req
527. with enough force to stop
her brain from functioning.
Copy !req
528. Neither one has
been forthcoming
Copy !req
529. and both of them
know which one did it.
Copy !req
530. I think the truth
will only come out
Copy !req
531. if one turns on the other.
Copy !req
532. In the case of
People v. Jacob Lowenstein
Copy !req
533. Indictment Number 6695:
Copy !req
534. The charges brought
are Murder in the Second Degree
Copy !req
535. Assault
in the First Degree
Copy !req
536. Endangering
the Welfare of a minor.
Copy !req
537. In the case of
People v. Carla Lowenstein
Copy !req
538. Indictment Number 6695-A,
Copy !req
539. The charges are
Murder in the Second Degree,
Copy !req
540. Assault
in the First Degree
Copy !req
541. Endangering
the Welfare of a Minor.
Copy !req
542. Is the defense ready?
Copy !req
543. Ready, Your Honor.
Copy !req
544. Ready, Your Honor.
Copy !req
545. Are the People ready?
Copy !req
546. Ready, Your Honor.
Copy !req
547. Honey...
Copy !req
548. Honey...
Copy !req
549. Mrs. Lowenstein!
Copy !req
550. Honey?
Copy !req
551. Counsel is asked
Copy !req
552. to advise your client
Copy !req
553. to exhibit
some restraint.
Copy !req
554. She was always yanking her,
slapping her.
Copy !req
555. She was always mad at Didi.
Copy !req
556. Yanking and slapping
and pulling her hair?
Copy !req
557. This convinced you that Didi
was being abused, Miss Perez?
Copy !req
558. No, no, that's only what I saw
her mother do to her.
Copy !req
559. But Didi was always coming in
with much more serious injuries.
Copy !req
560. Objection.
Miss Perez is not a physician.
Copy !req
561. I'll rephrase.
Copy !req
562. Miss Perez, did you ever see
any signs of physical abuse
Copy !req
563. on Didi Lowenstein?
Copy !req
564. Yes.
Copy !req
565. Would you describe them?
Copy !req
566. Large purple bruises on her legs
and they continued
Copy !req
567. under her underpants.
Copy !req
568. A black eye...
Copy !req
569. scalded hands.
Copy !req
570. Did Didi say
Copy !req
571. how she received
these injuries?
Copy !req
572. She said,
"Mommy said I was naughty
Copy !req
573. for not finishing my dinner."
Copy !req
574. No further questions,
Your Honor.
Copy !req
575. No questions, Your Honor.
Copy !req
576. You may step down,
Miss Perez.
Copy !req
577. Bitch!
Copy !req
578. She did it, Adam.
Copy !req
579. That's not my problem.
Copy !req
580. One way or another,
that woman hit her daughter.
Copy !req
581. Then what is your problem?
Copy !req
582. Perez's testimony
destroyed her.
Copy !req
583. If Green is asking
for a meeting,
Copy !req
584. she's willing
to make a deal.
Copy !req
585. The whole thing
is unfathomable.
Copy !req
586. I feel like I'm floating
face down
Copy !req
587. with a mile
of black water
Copy !req
588. between me and any
reasonable explanation for this.
Copy !req
589. Why does it
have to be reasonable?
Copy !req
590. Well, there's something
else going on here.
Copy !req
591. It's not her, it's him.
Copy !req
592. There's something depraved.
Copy !req
593. All right, now, what bothers you
the most about this?
Copy !req
594. Well, um...
Copy !req
595. my own rage.
Copy !req
596. What do your guts
tell you?
Copy !req
597. Put them both
in a dungeon.
Copy !req
598. Put them on the wheel
and annihilate them.
Copy !req
599. Can you get to him
through her?
Copy !req
600. I think so.
Copy !req
601. All right, then do it.
Copy !req
602. If you think that
he is the greater evil
Copy !req
603. you go for him where
he's most vulnerable
Copy !req
604. and you make the deal.
Copy !req
605. It's your meeting.
Copy !req
606. Miss Perez was a powerful,
if biased, witness.
Copy !req
607. I think the jury thought so.
Copy !req
608. Let's plea her down.
Copy !req
609. On what basis?
Copy !req
610. The basis of her being willing
to accept limited culpability
Copy !req
611. with mitigating circumstances...
Copy !req
612. I did it.
Copy !req
613. I killed Didi.
Copy !req
614. I hit her.
Copy !req
615. Why?
Copy !req
616. I can't remember.
Copy !req
617. She was out of her mind
on cocaine
Copy !req
618. which he gave to her.
Copy !req
619. He abused her.
Copy !req
620. He abused the children.
Copy !req
621. He encouraged her to beat
the little girl.
Copy !req
622. Mrs. Lowenstein,
why would he want you
Copy !req
623. to do such a thing?
Copy !req
624. He wanted me to train her.
Copy !req
625. I'm sorry?
Copy !req
626. To train her...
Copy !req
627. for later
Copy !req
628. so we could both
serve him.
Copy !req
629. Will you testify to that
on the stand?
Copy !req
630. Mrs. Lowenstein,
intoxication is no defense
Copy !req
631. for depraved indifference
homicide.
Copy !req
632. However, since we feel
that she was coerced
Copy !req
633. and that she was
physically threatened
Copy !req
634. we'll accept a plea on Man One.
Copy !req
635. And Dr. Lowenstein?
Copy !req
636. Him?
Copy !req
637. I'll get him for murder.
Copy !req
638. Ladies and gentlemen,
Copy !req
639. I inform you now
that Carla Lowenstein
Copy !req
640. is no longer party
to this trial.
Copy !req
641. The People v. Jacob Lowenstein
Copy !req
642. will therefore proceed
on its own merits.
Copy !req
643. Yes, I recognize them.
Copy !req
644. These were taken
Copy !req
645. during the autopsy
of Deirdre Lowenstein
Copy !req
646. Which you performed?
Copy !req
647. Yes.
Copy !req
648. Did you find evidence
of sexual molestation?
Copy !req
649. Yes, I did.
Copy !req
650. Have you formed an opinion
Copy !req
651. as to the time
the fatal blow was struck?
Copy !req
652. Between 10:00
and 11:00 p.m.,
Copy !req
653. from the rate
at which the blood clotted
Copy !req
654. and also the amount
of coagulation in the wound
Copy !req
655. that would be the time.
Copy !req
656. Thank you, Doctor.
Copy !req
657. That will be all.
Copy !req
658. The People call
Carla Lowenstein.
Copy !req
659. Place your left hand
on the Bible.
Copy !req
660. Raise your right hand.
Raise your right hand.
Copy !req
661. Mrs. Lowenstein, do you
swear to tell the truth,
Copy !req
662. the whole truth and nothing but
the truth, so help you God?
Copy !req
663. I do.
Copy !req
664. Mrs. Lowenstein,
tell the court
Copy !req
665. why you struck your daughter
hard enough to kill her.
Copy !req
666. Well, I was loaded
Copy !req
667. and I really didn't think
I had any strength left.
Copy !req
668. Why would you do such a thing?
Copy !req
669. My husband—
he convinced me to.
Copy !req
670. She's out of her mind!
Copy !req
671. Dr. Lowenstein,
one more outburst
Copy !req
672. and I'll have
you shackled
Copy !req
673. for the remainder
of this trial.
Copy !req
674. Did your husband tell you why
he wanted you to strike Didi?
Copy !req
675. Well, he said that
we all needed discipline
Copy !req
676. and that he wanted...
Copy !req
677. Didi to grow up
to be just like her mother.
Copy !req
678. He wanted her to...
Copy !req
679. to be the perfect wife
just like me.
Copy !req
680. I beg your pardon?
Copy !req
681. He said he wanted her
to be the perfect wife
Copy !req
682. just like me.
Copy !req
683. He wanted her
to be a perfect wife.
Copy !req
684. Did your husband
ever abuse Didi sexually?
Copy !req
685. Objection, Your Honor.
Copy !req
686. That has nothing to do
with the night in question.
Copy !req
687. Overruled.
Copy !req
688. Answer the question.
Copy !req
689. Well, it... it wasn't abuse.
Copy !req
690. I mean... he loved her.
Copy !req
691. He just...
Copy !req
692. He just had to find a way
to show it.
Copy !req
693. No further questions,
Your Honor.
Copy !req
694. Carla?
Copy !req
695. How often did you get loaded?
Copy !req
696. Not very often.
Copy !req
697. Well, say, ballpark.
Copy !req
698. Once a week?
Copy !req
699. Three times?
Copy !req
700. Five?
Copy !req
701. I don't know.
Copy !req
702. It... you know,
when I needed it.
Copy !req
703. When things just got to be
too much.
Copy !req
704. Aren't you, in fact,
a cocaine addict, Carla?
Copy !req
705. Objection, Your Honor.
Characterization.
Copy !req
706. Sustained.
Copy !req
707. When you are loaded, Carla,
Copy !req
708. aren't your children
afraid of you?
Copy !req
709. Objection, Your Honor.
Copy !req
710. He's leading the witness.
Copy !req
711. Overruled.
Copy !req
712. Carla, the neighbors all say
Copy !req
713. that when you were out together
as a family,
Copy !req
714. Didi was always walking
hand-in-hand with her father,
Copy !req
715. never with you
Copy !req
716. and they thought
that very odd,
Copy !req
717. that a mother
should be so distant
Copy !req
718. from her daughter.
Copy !req
719. Well, I wanted to hold her hand,
but, uh...
Copy !req
720. she wouldn't let me.
Copy !req
721. Redding hurt us.
Copy !req
722. I didn't hear you knock.
Copy !req
723. That's because I didn't.
Copy !req
724. If I'd have knocked,
you'd have heard it.
Copy !req
725. I don't doubt that.
Copy !req
726. Well...
Copy !req
727. How come you didn't you ask
the right question, Stone?
Copy !req
728. Which is?
Copy !req
729. Which is how does
Dr. Lowenstein
Copy !req
730. support his
cosmopolitan lifestyle?
Copy !req
731. Analysts make a comfortable
living, don't they?
Copy !req
732. Come on, Stone,
he's a witch doctor.
Copy !req
733. He couldn't give it
away for free.
Copy !req
734. Rich parents?
Copy !req
735. He sells cocaine.
Copy !req
736. He deals.
Copy !req
737. Upper West Side,
intellectual
Copy !req
738. artsy-tartsy
but big time.
Copy !req
739. Why are you
telling me this?
Copy !req
740. Isn't this
a conflict of interest?
Copy !req
741. Because ethically,
I'm Snow White.
Copy !req
742. I'm an officer
of the court.
Copy !req
743. My client's already
had her day in it.
Copy !req
744. You and I both know
he made her what she is.
Copy !req
745. That's too simple.
Copy !req
746. Simple or complicated,
tipped straight up.
Copy !req
747. Besides, I felt it was my duty.
Copy !req
748. Rawlings is listed
as a defense witness.
Copy !req
749. We call her
Copy !req
750. have her declared
a hostile witness
Copy !req
751. and pump her on the coke.
Copy !req
752. Miss Rawlings,
this session—
Copy !req
753. was this a therapy session?
Copy !req
754. Of course.
Copy !req
755. Of what sort?
Copy !req
756. Well, it was Reichian.
Copy !req
757. Yes?
Copy !req
758. Dr. Lowenstein
is a well-known Reichian.
Copy !req
759. Does that mean
Dr. Lowenstein
Copy !req
760. supplied you
with cocaine?
Copy !req
761. I don't believe this.
Copy !req
762. Quiet.
Copy !req
763. Answer the question, please.
Copy !req
764. Yes.
Copy !req
765. Did you inhale it?
Copy !req
766. We were smoking it,
all right?
Copy !req
767. He said it would help me
get in touch with...
Copy !req
768. With what, Miss Rollins?
With the child within?
Copy !req
769. Did Dr. Lowenstein
also sell you cocaine?
Copy !req
770. Objection, Your Honor!
Copy !req
771. Absolutely irrelevant
to the night in question.
Copy !req
772. Ah, but it does have relevance.
Copy !req
773. Dr. Lowenstein's drug use,
his drug dealing, was one of,
Copy !req
774. if not the major contributing
factor to the nightmare
Copy !req
775. of the Lowenstein household,
Copy !req
776. and this depraved indifference
Copy !req
777. led directly to Didi
Lowenstein's death.
Copy !req
778. Overruled.
Copy !req
779. Answer the question.
Copy !req
780. Yes.
Copy !req
781. To your personal knowledge
Copy !req
782. did Dr. Lowenstein
also sell cocaine
Copy !req
783. to other patients?
Copy !req
784. Objection. Leading the witness.
Copy !req
785. Overruled.
Copy !req
786. Miss Rawlings,
yes or no, please.
Copy !req
787. Yes.
Copy !req
788. And finally, Dr. Lowenstein,
Copy !req
789. did you ever abuse Deirdre?
Copy !req
790. Didi was the one ray
of sunshine in my life.
Copy !req
791. I never abused her.
Copy !req
792. I used to hold her
Copy !req
793. and try to protect
her from...
Copy !req
794. well, Carla,
who I now realize is insane.
Copy !req
795. And even she says that
I never abused her.
Copy !req
796. It's just a lot
of legal semantics
Copy !req
797. that's being used
to twist the truth.
Copy !req
798. I loved her...
with all my heart.
Copy !req
799. Thank you, doctor.
Copy !req
800. Dr. Lowenstein,
Copy !req
801. do you consider yourself
a good husband and father?
Copy !req
802. Yes, I do.
Copy !req
803. A good provider?
Copy !req
804. Yes. Yes, absolutely.
Copy !req
805. Shelter, food, clothing?
Copy !req
806. Of course.
Copy !req
807. And cocaine?
Copy !req
808. Objection, Your Honor.
Copy !req
809. Where is this going?
Copy !req
810. Mr. Stone?
Copy !req
811. To the heart
of the matter, Your Honor.
Copy !req
812. The people contend
Copy !req
813. that Dr. Lowenstein
is guilty of murder
Copy !req
814. because he instigated
the beating
Copy !req
815. and then did nothing to help
his fatally-injured daughter.
Copy !req
816. We've heard
Mrs. Lowenstein testify
Copy !req
817. that she was loaded on cocaine.
Copy !req
818. Where did she get it?
Copy !req
819. Answer the question.
Copy !req
820. What is the question?
Copy !req
821. Did you provide Carla Lowenstein
with cocaine?
Copy !req
822. I've treated many of my patients
with psycho mimetic drugs.
Copy !req
823. But you're not a medical doctor,
are you, doctor?
Copy !req
824. You're a psychotherapist.
Copy !req
825. You have no license
to prescribe medicines
Copy !req
826. and have been
doing it for years
Copy !req
827. and have been illegally
selling drugs to your patients.
Copy !req
828. Now this is just legal semantics
Copy !req
829. but some people
think it's important.
Copy !req
830. Do you consider your wife
a patient?
Copy !req
831. I think of my wife
as a very sick person.
Copy !req
832. I tried to help her.
Copy !req
833. By beating some sense into her?
Copy !req
834. Objection.
Copy !req
835. Sustained.
Copy !req
836. Mr. Stone.
Copy !req
837. Haven't you
Copy !req
838. denied help
to your family?
Copy !req
839. No.
Copy !req
840. Didi was malnourished,
Dr. Lowenstein.
Copy !req
841. She was seen walking
barefoot in February.
Copy !req
842. I buy her shoes
and Carla throws them away.
Copy !req
843. Would Carla also
throw the food away?
Copy !req
844. Didi won't eat without me.
Copy !req
845. She adores me.
Copy !req
846. We hold hands.
Copy !req
847. When?
Copy !req
848. When we go out walking together.
Copy !req
849. I mean, Didi gives me her hand
and says, "Tighter, Daddy.
Copy !req
850. Daddy, hold me tighter."
Copy !req
851. Yes, it was testified earlier
Copy !req
852. that you and Didi
would walk together
Copy !req
853. and Mrs. Lowenstein
would walk behind.
Copy !req
854. Is that correct?
Copy !req
855. Yes.
Copy !req
856. Which many experts
on child abuse believe
Copy !req
857. is a clear sign that the child
Copy !req
858. is trying to curry favor
with the abusing parent.
Copy !req
859. Objection.
Copy !req
860. Is that a question,
Mr. Stone?
Copy !req
861. No, Your Honor, it's not.
Copy !req
862. Do you have any more questions
for the defendant, Mr. Stone?
Copy !req
863. Yes, Your Honor, yes, I do.
Copy !req
864. I most certainly do.
Copy !req
865. Dr. Lowenstein,
you have previously testified
Copy !req
866. that when you came home
just before midnight,
Copy !req
867. Carla told you that she had hit
Didi earlier that evening.
Copy !req
868. Is that correct?
Copy !req
869. I certainly didn't
think it was anything serious.
Copy !req
870. And you also testified
that when you came home,
Copy !req
871. Didi was laying in the middle
of your living room floor
Copy !req
872. in her school clothes.
Copy !req
873. I thought she was sleeping.
Copy !req
874. Does she usually spend the night
on a parquet floor
Copy !req
875. without a blanket?
Copy !req
876. Of course not.
Copy !req
877. Did you go to Didi and check
Copy !req
878. to see if she
was all right?
Copy !req
879. I... I didn't feel
it was necessary.
Copy !req
880. Even with a bloodstain
under her head?
Copy !req
881. I didn't see that.
Copy !req
882. Oh, please, sir
Copy !req
883. I direct you to examine
People's exhibit #37.
Copy !req
884. It is a photograph
of a bloodstain
Copy !req
885. on your living room floor...
Copy !req
886. A bloodstain measuring
27 inches by 38 inches
Copy !req
887. A blood stain the size
of a small rug.
Copy !req
888. It was dark.
Copy !req
889. There wasn't many lights about,
and, um...
Copy !req
890. So when you saw your unconscious
daughter on the floor
Copy !req
891. and that stain on the same floor
Copy !req
892. did you pick up a phone
and call 911?
Copy !req
893. I already
told you...
Copy !req
894. Did you pick up a phone
and call her pediatrician?
Copy !req
895. You're twisting
everything I say!
Copy !req
896. Did you even bother
to pick up Didi
Copy !req
897. or did you leave her
in a pool of her own blood?
Copy !req
898. As eloquent as your counsel was
in your behalf
Copy !req
899. you are not the victim here,
Mrs. Lowenstein.
Copy !req
900. The victim was an innocent
six-year-old girl
Copy !req
901. who couldn't defend herself.
Copy !req
902. On a count of manslaughter
in the first degree
Copy !req
903. the court sentences you
to seven to ten years
Copy !req
904. in a women's correctional
facility.
Copy !req
905. As for you, sir,
Copy !req
906. from this seat
Copy !req
907. I thought I had witnessed
every degradation,
Copy !req
908. every monstrosity possible,
Copy !req
909. but you, doctor,
are beyond contempt.
Copy !req
910. You have helped a woman
destroy herself.
Copy !req
911. You engineered the tragedy
of a little girl's death
Copy !req
912. but you took pretty good care
of yourself, didn't you?
Copy !req
913. Your Honor,
I've lost my family...
Copy !req
914. Yes, you have.
Copy !req
915. Jacob Lowenstein
Copy !req
916. having been found guilty
of murder in the second degree
Copy !req
917. by depraved indifference
to human life
Copy !req
918. this court sentences you
to 25 years to life
Copy !req
919. in a state penitentiary.
Copy !req
920. Baby, what's going
to happen to us now?
Copy !req
921. Pookie can't live
without her daddy.
Copy !req
922. Pookie needs you.
Copy !req
923. Pookie needs you.
Copy !req