1. In the criminal
justice system,
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2. the people are represented
by two separate yet equally important groups,
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3. the police
who investigate crime
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4. and the district attorneys
who prosecute the offenders.
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5. These are their stories.
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6. Come on, Gillian.
You're already a half hour late.
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7. I don't care.
I hate soccer.
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8. Gillian.
Gillian.
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9. Dad. He's all bloody.
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10. Was he
a regular?
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11. Wasn't dressed
like one.
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12. The park's people
couldn't ID him
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13. on account of his face
being scrambled.
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14. How bad?
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15. Like he went 15 rounds
with a gorilla.
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16. Thanks. Mmm.
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17. Okay. So you
came through at 8:00.
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18. Now, did anybody
see him earlier?
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19. No.
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20. Come on, folks.
The tunnel's the only way down here.
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21. I came through
a little before 8:00.
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22. And you didn't notice
a man marinating in his own blood?
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23. What are you
hawking us for?
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24. There's always
someone in there marinating in something.
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25. Lennie.
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26. Guy's at St. Luke's
in critical condition.
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27. They're not sure if
he's gonna make it.
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28. The good citizens here
will be devastated.
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29. Your victim's
name is George Harding.
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30. His wallet's in there
with the rest of his property.
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31. We'll need
our forensics unit to pick up his clothes.
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32. We know the routine,
Detective.
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33. What's the damage?
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34. He's lost
a lot of blood.
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35. Broken nose,
three fractured ribs, severe concussion.
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36. This time, they were
trying to kill him.
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37. This time?
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38. He sustained some
bruises and lacerations earlier this week,
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39. I'd say two or
three days ago.
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40. Don't talk too long.
He just regained consciousness.
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41. Check it out,
Lennie. PD 521.
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42. Property clerk's
receipt?
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43. He was arrested
three days ago.
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44. You want to
tell us who beat you up, Mr. Harding?
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45. Nobody. I fell
off my bike.
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46. This have
anything to do
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47. with you getting arrested
a few days ago?
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48. Leave me alone.
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49. Listen, if you don't
cooperate with us,
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50. we're going to assume
you have something
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51. you don't want us
to find out about,
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52. and then we're
gonna have to start investigating you.
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53. Harding won't give
you any explanation?
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54. He says he fell
off his bike.
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55. Bike must be
about 10 stories tall.
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56. Hey, if this guy won't
talk, there are real cases we can work.
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57. Well, what do we
know about him?
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58. New York State
driver's license,
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59. employee card from
York Psychiatric Hospital.
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60. Harding was collared
in the 23 on Thursday,
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61. assaulting
a police officer.
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62. Somebody on our
team took payback?
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63. Could be why
he dummied up.
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64. Maybe he deserved it. Yeah. Maybe he didn't.
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65. And maybe
it wasn't a cop.
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66. If it was, we'll turn it
over to Internal Affairs. For now, run with it.
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67. Thursday night, Harding comes
tearing around a corner,
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68. sees me on the beat,
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69. hauls off and
slugs me in the face.
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70. No reason.
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71. What'd you do?
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72. Cuffed him
and took him in.
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73. Easy or hard?
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74. Where you guys
going with this?
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75. Last night, somebody
beat the crap out of him,
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76. left him for dead
in Riverside Park.
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77. Well, it wasn't me.
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78. The doctor said he
had some injuries from earlier in the week.
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79. Do you know
anything about that?
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80. Like maybe he banged his head
getting into your squad car?
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81. Look, you guys
got this all wrong.
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82. This Harding was running away
from a couple of guys.
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83. I figure it was either
get himself arrested
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84. or take what
they were bringing.
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85. Where were you
last night? Home.
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86. Alone.
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87. These two guys that
were chasing Harding. Could you ID them?
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88. It was dark.
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89. They bounced as soon as
they saw my uniform.
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90. What about your partner?
He get a good look at them?
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91. She.
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92. She's in there.
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93. Thanks.
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94. I didn't see the two guys.
I was getting coffee.
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95. How much coffee
do you drink?
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96. What
did you see?
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97. Loomis was
hooking up the perp.
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98. He rough him up any?
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99. Define "rough."
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100. "Rough" is you
talking to IAB instead of us.
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101. What's wrong
with you guys?
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102. You want to know
who pounded that jerk,
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103. go find the two guys
that were chasing him.
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104. Yeah, the two guys
nobody saw except Loomis.
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105. You calling him a liar?
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106. Hey, take it easy.
You're getting a little caffeine rush there.
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107. Does anybody know where
Harding was coming from
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108. before he ran
into your partner?
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109. I know where he
said he'd been.
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110. I don't know nothing
about nothing.
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111. You sound
proud of it.
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112. Sustaining ignorance
is hard work.
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113. And were you, uh,
sustaining your ignorance
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114. around 9:00, 9:30
last Thursday night?
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115. Diligently.
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116. Anybody here
less diligent than you?
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117. Yes, there were
two guys hassling him,
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118. and, yes, I'm sure
it was Thursday night.
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119. So what were they
hassling him about?
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120. I don't know.
I was reading.
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121. You sure it was
George Harding they were hassling?
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122. Yeah, I see George three,
four times a week.
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123. And
the two guys?
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124. Them I never saw before.
Two peas out of the same pod.
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125. Dark, hyper, Italian,
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126. maybe Jewish.
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127. Would you know them
if you saw them again?
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128. Everything's in here.
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129. Except what's not.
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130. Russo, Joseph H.
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131. Our barfly says he was one
of the two guys giving the victim a hard time.
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132. She say
what the hard time was about?
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133. She was reading.
It's what she does.
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134. Convicted 03/96,
assault two. He's out?
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135. Couple weeks ago.
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136. Well, let's pick him up.
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137. What? Well,
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138. the lab found three
different blood types on the victim's clothes.
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139. One of them is the same
as Officer Loomis'.
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140. Rey's hot to
pull in the IAB.
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141. Well, let's pull in
Russo, Joseph H., first.
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142. I think
we already wore out our welcome.
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143. Please don't
wake her up.
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144. Her?
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145. Yeah. You have no idea
how crabby she gets.
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146. We're looking
for Joseph Russo.
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147. He went to prison.
She's the new tenant.
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148. Yeah. Well, Russo got out.
You know where he is?
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149. No.
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150. Oh...
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151. When you find him,
could you give him his mail?
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152. She just dumped it
on the floor by the mailboxes.
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153. No problem.
Thanks. Thank you.
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154. Bills, computer
dating service.
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155. Look at this.
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156. "To Joseph Russo from
York Psychiatric Hospital."
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157. Isn't that where
George Harding works?
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158. Somehow, I don't think
we're gonna need the IAB.
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159. His sister is here,
Leslie Russo.
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160. Did Joe Russo
have any contact with George Harding?
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161. George? St. Luke's
called us. Is that what this is about?
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162. We're checking.
Do they know each other?
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163. I really
don't know.
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164. That's Leslie, the one
in the plaid jumper.
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165. What's
wrong with her?
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166. For that, you need
to talk to her family.
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167. Okay. You got a current
address for Joe?
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168. Uh, we have one for Frank.
The other brother.
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169. They look alike?
Joe and Frank? Two peas in a pod?
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170. There's a family
resemblance.
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171. Are they protective
of their sister?
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172. Frank is.
He's the one I know well.
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173. Nice guy. Visits his
sister every Sunday.
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174. Very gentle with her.
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175. I wish all our patients
had such caring families.
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176. Yeah, seems to make
all the difference.
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177. Yeah, who is it?
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178. Frank Russo? Police.
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179. Yeah?
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180. Can we come in
and talk to you?
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181. What about? You got something
to hide?
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182. Dirty underwear.
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183. You got three seconds
to tell me what you want.
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184. One... Where's your brother?
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185. two, three.
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186. Where's your brother?Don't know.
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187. What happened
to your eye?
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188. Lennie, you smell
something?
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189. You smoke?
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190. Who's in there?
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191. Let me guess,
you've got a dog with emphysema.
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192. Joe,
come on out,
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193. and don't do
nothing else stupid.
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194. We didn't do nothing,
and we want a lawyer.
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195. And apparently,
he can't go more than 30 seconds
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196. without a smoke,
so here they are.
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197. We are not answering
any questions until Mr. Jamison gets here.
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198. Hey!
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199. Nobody's asking you
any questions.
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200. And we didn't
beat up anybody.
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201. Between them,
we have 14 scraped knuckles,
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202. one swollen wrist,
six bruises.
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203. The doctor's gonna tell us
they were in a fistfight
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204. and the lab's gonna tell us
their blood is on Harding's clothes.
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205. The woman in the bar
can ID them as the two mooks with Harding.
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206. And the beat cops
will tell you they were chasing him
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207. a couple of nights
before they finally caught up to him
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208. and beat the crap
out of him.
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209. So, it's
attempted murder.
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210. Plus aggravated assault. And assault
with intent to kill.
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211. So, say, 25-to-life,
without mitigation.
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212. They didn't
offer any mitigation.
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213. They just beat the guy
for no reason.
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214. I'll call the D.A.
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215. You want a reason?
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216. That bastard Harding
raped our sister.
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217. That's right.
And the hospital wouldn't do a damn thing about it.
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218. And that is all we're
saying till our lawyer gets here. Okay?
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219. Her brothers told us
she told them she'd been raped.
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220. By George Harding?
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221. They didn't say
by whom.
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222. Did you believe them?
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223. Leslie Russo suffers from
disorganized schizophrenia.
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224. Her perceptions are
turbulent and fragmentary.
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225. Simply put,
she's delusional.
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226. The perfect victim
because nobody believes her.
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227. Well, I'm not implying
disbelief. We did investigate.
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228. Leslie wouldn't repeat
the allegation to us.
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229. Our gynecologist
did a pelvic exam, it was inconclusive.
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230. We checked the staff
records to see who was on duty that night.
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231. Frank Russo was
definite about the date.
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232. Harding, Jimmy Baxter,
and Gianni Lupo.
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233. Personnel can give you
their addresses.
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234. We talked to them.
But, again, everything was inconclusive.
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235. Why didn't you
call the police?
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236. We had nothing. Not
one shred of evidence
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237. that anything untoward
had happened.
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238. You mind if
we talk to her?
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239. Try not to be put
off by the incoherence and the inappropriate affect.
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240. Don't worry,
we won't.
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241. George Harding,
Leslie, did you tell your brothers about him?
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242. I talk to them
all the time.
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243. I talked to them
this morning.
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244. You did?
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245. Oh, yeah, I did.
Once an hour, on the quarter hour.
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246. Did you tell your brothers
that George Harding hurt you?
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247. Didn't he?
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248. We don't know.
Did he?
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249. My brother Frank knows.
He has the key to the blue room.
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250. The blue room?
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251. Physical therapy.
Jane Fonda works out with us.
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252. Isn't it time to eat?
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253. Leslie, one more time.
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254. Did you tell your
brothers that George Harding raped you?
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255. Do you want to
have lunch with me?
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256. I like chicken
with red sauce and one vegetable.
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257. Leslie. Just one. Mom says
that's the way to eat.
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258. The cops didn't have
any right to push Leslie around like that.
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259. I mean, we ought to
sue that crummy-ass hospital, Frank.
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260. They talked to her.
They investigated your claim.
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261. So did the hospital.
There's no evidence of a rape.
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262. I don't see a reason
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263. to reduce from
attempted murder.
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264. What is wrong
with you, lady?
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265. I mean, you think
it's all right to rape crazy people?
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266. That son of a bitch
did my sister,
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267. and nobody
gives a damn but us!
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268. Give me something
I can believe, and I'll give a damn.
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269. Counselor, my clients
are concerned about their sister.
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270. They don't want
to do anything to exacerbate her trauma.
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271. It's a risk
they'll have to take.
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272. We went to visit.
I noticed these marks on Leslie's neck.
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273. When I asked her
about them, she got hysterical.
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274. She just kept saying
over and over again,
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275. "Didn't have sex,
didn't have sex, didn't have sex."
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276. I mean, Frankie had
to calm her down.
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277. She said
it was Harding.
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278. That could mean anything.
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279. Yeah, so I asked her,
"What about Harding?"
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280. She said he
made her do it.
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281. Now maybe you
don't call that rape, but I sure as hell do.
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282. Listen, how much police time
do you expect me to waste
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283. trying to prove
the Russo boys' defense?
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284. Let them prove it.
I need my officers for other things.
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285. We've got
an allegation of rape.
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286. That's what
police time is for.
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287. An allegation that
can't ever be proved.
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288. Okay. We'll talk
to the other guys on Harding's shift.
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289. If we don't get
a smoking gun this time, that's it.
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290. In a hurry?I'm giving
a deposition.
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291. Your lawsuit against
the department?
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292. News travels.
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293. Kick butt.
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294. Yeah, I was on duty
that night, but I wasn't on the floor.
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295. I was downstairs
doing paperwork with my supervisor.
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296. You know George Harding
pretty well?
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297. Not really.
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298. George spends
most of his time with the patients.
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299. They seem
to like him. Yeah? Why is that?
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300. Well, he does stuff.
Like, if he knows you like biscuits,
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301. he'll slip you
an extra one.
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302. He ever slip them
anything else?
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303. Not that I know of.
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304. Is Jimmy Baxter
here today?
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305. He's around
somewhere.
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306. You're the second
York employee we've seen who got beat up.
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307. What's it to you?
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308. We don't like coincidences.
So who did it?
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309. A couple of guys, okay?
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310. A couple guys
named Russo, maybe?
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311. If you already know,
why ask?
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312. They put
George Harding in intensive care.
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313. How come you
got off so easy?
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314. I told those guys
it wasn't me.
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315. I didn't rape
their nut-job sister.
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316. Then why'd they
think you did?
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317. I wonder how
they got from you to George Harding.
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318. You told
them, didn't you?
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319. What if I did?
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320. They beat him into
critical condition on your say-so.
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321. Hey, I didn't
pull his name out of the air.
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322. If anybody did it,
it was him.
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323. The last place he
worked, somebody got raped there, too.
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324. Where's that? Park West.
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325. It's a long-term
care facility.
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326. They had some big
rape investigation.
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327. And
they put it on Harding?
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328. All I know is he
worked there, too.
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329. You're the ones who
don't like coincidences.
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330. The Russos said
their sister accused Harding.
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331. They lied about that.
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332. Doesn't mean they
lied about the rape.
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333. Wendy Singer.
She's been here about two years.
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334. Head-on collision
on the Taconic.
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335. Bad road.
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336. Her husband died
on impact,
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337. as did the five-month-old
fetus Wendy was carrying.
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338. Well, we'll try
not to tire her out,
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339. but we do have some
questions for her.
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340. I didn't make
myself clear, I guess.
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341. Wendy Singer has been
in an irreversible coma since the accident.
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342. Then who made
the rape complaint?
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343. We didn't need one.
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344. Mr. and Mrs. Singer,
this is Detective Briscoe, Detective Curtis.
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345. Didn't the police
already look into this?
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346. They're following up,
Mrs. Singer.
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347. Doctor, uh, could we
talk in your office?
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348. Mrs. Singer told us
Wendy missed her period the last week of June.
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349. Why wasn't
the pregnancy terminated?
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350. The Singers
refused to consent.
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351. Religious
convictions?
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352. Wendy is their only child
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353. and after the initial
shock wore off,
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354. they realized
they were going to have a grandchild after all.
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355. They've already
chosen names.
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356. We'll need the names
of the detectives who investigated, all right?
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357. We did everything
by the book.
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358. All our staff
were questioned.
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359. The police made
every male employee submit a blood sample.
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360. Including
George Harding?
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361. Harding wasn't here then.
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362. He'd moved on to a new job
about six weeks prior.
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363. Any suspects?
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364. The police concentrated
on the two employees who refused to give blood.
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365. One was Dean Goldberg,
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366. but you can cross him
off your list. He died two months ago. AIDS.
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367. I guess I'd refuse
to give blood, too.
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368. So who's
the other one?
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369. I refused 'cause
I'm an addict, okay?
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370. I'm trying to
get hooked up here,
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371. which is not gonna
happen with two cops standing around.
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372. Well, talk to us
about George Harding and we'll fade.
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373. Harding wasn't
there anymore.
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374. But you want him
to be the daddy? Fine with me.
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375. Hold on a minute.
We're still talking.
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376. The doctors loved Harding
'cause he sucked up.
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377. The patients loved him
because he'd bring them little extras if they paid him.
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378. You leaving now?
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379. Yeah. Well, we could
toss you for works.
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380. Then you could
come along with us.
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381. You ever see
Harding around after he quit?
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382. A couple of times,
late at night.
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383. He had a thing going
with one of the nurses.
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384. He'd take her
to the PT room.
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385. Just so we're clear,
he was having sex with a nurse
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386. in the physical therapy
room at Park West?
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387. That's why he
worked nights.
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388. He said he liked
doing it on the mats.
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389. He probably liked the mats
in the blue room at York.
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390. Leslie, you
remember the last time we were here?
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391. I've been taking my
medication. I have.
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392. So you can't
arrest me for that. That's right.
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393. We just want to talk to you
about what happened in the blue room.
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394. The physical therapy room.
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395. I told you already.
I told you seven times.
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396. Are you some kind
of sex pervert or something?
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397. Did anybody ever
take you there for sex?
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398. They have
these phone lines you could call,
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399. but they block
the numbers here.
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400. Leslie.
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401. I'm not going to tell you
who messed with me, if that's what you think.
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402. I'm not that kind of girl.
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403. But you know
who it was.
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404. I confessed to my
spiritual advisor, that's all that's required,
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405. I don't have to tell you.
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406. Now. We know
it was somebody in the hospital,
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407. one of the orderlies.
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408. I'm in big trouble now.
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409. No, you're not.
Just answer their questions.
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410. George Harding's
kind of a nice guy, huh?
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411. He is nice.
Copy !req
412. Nice looking.
Copy !req
413. I like his eyes.
Copy !req
414. Did he ever take
advantage of you a little?
Copy !req
415. There was
no advantage taken in the blue room.
Copy !req
416. It was totally
mutual and sensual.
Copy !req
417. I didn't tell that part to my spiritual advisor.
Copy !req
418. But it was George
in the blue room.
Copy !req
419. Leslie?
Copy !req
420. Yeah.
Copy !req
421. Okay?
Copy !req
422. Hey, now I know why patients
never eat their Jell-O.
Copy !req
423. If I ever see another bowl
of that crap wobbling at me,
Copy !req
424. I'm gonna puke. Where you're going,
they serve a lot of Jell-O.
Copy !req
425. Stand up.
You're under arrest
Copy !req
426. for the rape
of Leslie Russo.
Copy !req
427. You have the right
to remain silent.
Copy !req
428. Anything you say can
and will be used against you in a court of law.
Copy !req
429. Leslie Russo's statement?
This is the only evidence we have of rape?
Copy !req
430. That, and her
original accusation.
Copy !req
431. Made to her hoodlum
brothers a week after the alleged incident?
Copy !req
432. Are we back to
disbelieving the victim?
Copy !req
433. There's nothing wrong
with a little healthy skepticism
Copy !req
434. when the victim
is an institutionalized schizophrenic.
Copy !req
435. That's just the point.
She's incapable of consent. Rape one.
Copy !req
436. What I'm talking about is
Copy !req
437. whether the rape
is a figment of her imagination.
Copy !req
438. Who is this
spiritual advisor she confided in?
Copy !req
439. I talked to
her therapist.
Copy !req
440. Apparently,
he's part of her delusional system.
Copy !req
441. I'm sorry, Jamie.
This is in no shape for a grand jury.
Copy !req
442. Harding's co-worker
at Park West implicated him pretty strongly.
Copy !req
443. Sex in the physical
therapy room was Harding's signature.
Copy !req
444. You're using a rape
you can't prove Harding committed
Copy !req
445. to bootstrap a rape
you're not even sure happened.
Copy !req
446. Two jobs,
two helpless victims.
Copy !req
447. It's not a
coincidence.
Copy !req
448. Harding wasn't even
working at Park West
Copy !req
449. when the Singer
woman was raped.
Copy !req
450. So maybe he snuck back
into the facility.
Copy !req
451. Or maybe the timeline
got screwed up.
Copy !req
452. Well, find out
before we dig ourselves a hole we can't climb out of.
Copy !req
453. Good morning!
Copy !req
454. The HMO I'm contracted with
sent me to Park West.
Copy !req
455. My only patient there
is Wendy Singer.
Copy !req
456. When
was the last time you examined her?
Copy !req
457. Just last week.
Copy !req
458. It's a high-risk pregnancy,
so I try to see her every 10 days or so.
Copy !req
459. She was doing remarkably
well, considering.
Copy !req
460. Can you tell
when she conceived?
Copy !req
461. Hmm. It's difficult
to pinpoint conception even in a healthy woman.
Copy !req
462. Her mother said
she missed her first cycle in June.
Copy !req
463. Six months?
Copy !req
464. Well, that would
be consistent with my physical examination.
Copy !req
465. Is there a way
to tell for sure?
Copy !req
466. Well,
I ordered an ultrasound last time I was there.
Copy !req
467. Can I take a look?
Copy !req
468. Without a release
from her parents?
Copy !req
469. I can go back downtown
and get a court order.
Copy !req
470. If all you want to see
is the sonogram,
Copy !req
471. I guess the fetus
won't object.
Copy !req
472. Ah!
Copy !req
473. There's a view of
the head. Let's see.
Copy !req
474. Biparietal diameter
is about seven centimeters.
Copy !req
475. Thirty weeks.
Copy !req
476. Seven months.
Copy !req
477. You saw
the sonogram?
Copy !req
478. Your grandchild is
due in two months.
Copy !req
479. Mrs. Singer, you
told the doctors
Copy !req
480. your daughter missed
her period in June.
Copy !req
481. The police based their
investigation on that.
Copy !req
482. Is it possible
you made a mistake?
Copy !req
483. When she missed
her period in May, I didn't say anything.
Copy !req
484. I thought
it was because of her condition.
Copy !req
485. So you kept her
pregnancy a secret?
Copy !req
486. You have to
understand, Ms. Ross, I struggled with this.
Copy !req
487. My daughter wanted a baby
more than anything.
Copy !req
488. I thought if I
said something,
Copy !req
489. they might give
Wendy an abortion.
Copy !req
490. Any idea
who did this to her?
Copy !req
491. I just assumed
it was Chris Ryan.
Copy !req
492. The one who quit
rather than give his blood.
Copy !req
493. How about George Harding?
Copy !req
494. You ever notice him
paying special attention to your daughter?
Copy !req
495. He took care of Wendy.
Copy !req
496. But not what you mean.
Copy !req
497. Think about it,
Mrs. Singer.
Copy !req
498. The police ruled him out
because of the information you gave them.
Copy !req
499. It couldn't be George.
Copy !req
500. I remember
saying to him after the accident,
Copy !req
501. it was a blessing in disguise
that Wendy miscarried.
Copy !req
502. The doctors said
that carrying a child would probably kill her.
Copy !req
503. I just hope
they're wrong.
Copy !req
504. A crazy woman,
a coma patient.
Copy !req
505. Two defenseless victims,
not one viable case between them.
Copy !req
506. We have
a circumstantial case against George Harding.
Copy !req
507. Turns out the Singer woman
misstated the date of her daughter's rape.
Copy !req
508. Why should she do that?
Copy !req
509. She didn't want to terminate
her daughter's pregnancy so she kept it hidden.
Copy !req
510. Yeah. This'll sell
papers for weeks.
Copy !req
511. "Rape victim
has coma baby."
Copy !req
512. The parents had
a hard choice.
Copy !req
513. Wendy Singer will
never get better.
Copy !req
514. This baby's
their only link to their daughter.
Copy !req
515. If the baby
is that important to them,
Copy !req
516. they may be reluctant
to cooperate.
Copy !req
517. We don't need them.
We have the sonogram
Copy !req
518. to pinpoint
the onset of pregnancy.
Copy !req
519. The proof of rape
is self-evident.
Copy !req
520. You can't say the same
for the Russo girl.
Copy !req
521. Tie it up in a package.
Copy !req
522. Make Harding an offer
if he'll plead to both cases.
Copy !req
523. You'll get an indictment.
You'll never get a conviction.
Copy !req
524. Mr. Harding left
a trail of helpless victims.
Copy !req
525. I'm counting heavily
on the pariah factor.
Copy !req
526. It has shock value.
That's about all.
Copy !req
527. And 25 years
worth of exposure.
Copy !req
528. Twenty-five years?
Copy !req
529. Once we get a DNA
sample from Wendy Singer.
Copy !req
530. If your client
wants to make a deal, now's the time.
Copy !req
531. Two for the price of one?
Copy !req
532. If he pleads to both.
Copy !req
533. Break it down to
sex abuse. City time.
Copy !req
534. First-degree rape.
Ten-to-20 concurrent.
Copy !req
535. That's a nice
bargaining position. What's the real offer?
Copy !req
536. I don't haggle
with rapists.
Copy !req
537. Have a nice day,
Mr. McCoy.
Copy !req
538. Who do we present first
to the grand jury? Singer or Russo?
Copy !req
539. Russo. At least
we've got a victim who can testify.
Copy !req
540. That's a matter
of interpretation.
Copy !req
541. Skoda examined Russo.
Copy !req
542. He thinks
she can carry the ball in front of a grand jury.
Copy !req
543. I read his report.
He hedged his bets.
Copy !req
544. So we're back
to Wendy Singer and proving paternity?
Copy !req
545. You want to wait
and get DNA from her baby?
Copy !req
546. Harding will be
long gone.
Copy !req
547. If Wendy Singer
had an amniocentesis,
Copy !req
548. there might be a DNA sample
right in her file.
Copy !req
549. You call her doctor.
Copy !req
550. I'll get Russo in front
of the grand jury.
Copy !req
551. Ms. Russo,
Copy !req
552. could you tell us
what happened to you
Copy !req
553. in the physical therapy room
at York Psychiatric Hospital?
Copy !req
554. You want me to tell you
about the sex thing?
Copy !req
555. Yes.
Copy !req
556. And this is all
being written down?
Copy !req
557. The stenographer
is taking down what we say, yes.
Copy !req
558. So I can't lie.
Copy !req
559. If I lie, all these people
will be angry with me.
Copy !req
560. You already took an oath
to tell the truth.
Copy !req
561. You said you understood
what that means.
Copy !req
562. The whole truth,
so help me God,
Copy !req
563. or it goes down on
my permanent record.
Copy !req
564. Did you have
a sexual encounter in the blue room
Copy !req
565. with George Harding?
Copy !req
566. Roger said
there was nothing wrong with doing it.
Copy !req
567. Who is Roger?
Copy !req
568. My sexual encounter.
He's on D ward.
Copy !req
569. He says he can
smell me from up there.
Copy !req
570. Ms. Russo.
Copy !req
571. Did you tell the police
Copy !req
572. that you had
sexual intercourse with George Harding,
Copy !req
573. an orderly
at the hospital?
Copy !req
574. I don't think
I said that,
Copy !req
575. but if I did say that,
I didn't mean to say that.
Copy !req
576. But is it true?
Copy !req
577. Leslie?
Copy !req
578. It was true,
Copy !req
579. but now it's not.
Copy !req
580. So you lied to the police?
Copy !req
581. There was no Bible,
or any other religious icons.
Copy !req
582. My spiritual advisor
says if you say what's in your head,
Copy !req
583. it cleanses
your brain.
Copy !req
584. So you can't put that
on my permanent record.
Copy !req
585. Maybe I should
get a good lawyer.
Copy !req
586. You won't be
in any trouble, Roger.
Copy !req
587. They just need
to know the truth about you and Leslie.
Copy !req
588. I've been here three
years. Guy like me's gonna get horny, right?
Copy !req
589. So, you did have
sex with Leslie?
Copy !req
590. Yeah.
Copy !req
591. Yeah. A few times.
Copy !req
592. Where did you and Leslie go?
Copy !req
593. PT, mostly.
At night, when nobody was around.
Copy !req
594. The blue room?
Copy !req
595. Yeah.
Copy !req
596. Yeah. We call it that.
Copy !req
597. How did you get in?
Copy !req
598. George Harding
gave me the key.
Copy !req
599. He made me pay him
10 bucks for it.
Copy !req
600. Recommend to
the assigned A.D.A.
Copy !req
601. two counts of assault
against the Russo brothers.
Copy !req
602. If Harding didn't
rape Leslie Russo,
Copy !req
603. why did he want
to plead to it?
Copy !req
604. To cover the one
he did commit?
Copy !req
605. Wendy Singer?
Copy !req
606. How'd you make out
with her OB/GYN?
Copy !req
607. She confirmed that
Wendy had an amnio.
Copy !req
608. She won't give me
the records without a release from the Singers.
Copy !req
609. Let's get one.
Copy !req
610. The only way
we can prove our case against George Harding
Copy !req
611. is with a DNA match.
Copy !req
612. We need your permission
to get the results
Copy !req
613. of your daughter's
amniocentesis.
Copy !req
614. But I'm sure
George isn't the one.
Copy !req
615. Well, then the records
will exonerate him.
Copy !req
616. We'd prefer
not to find out who the father is.
Copy !req
617. You don't want to know
who raped your daughter?
Copy !req
618. We're putting that part
behind us now, Ms. Ross.
Copy !req
619. For all we know,
Copy !req
620. the man can put
some kind of paternity claim on the baby.
Copy !req
621. If we don't identify
this man, Mrs. Singer,
Copy !req
622. he may assault
other innocent victims.
Copy !req
623. All we need are the records
to prove our case.
Copy !req
624. You already saw the sonogram
without our permission.
Copy !req
625. We talked to a lawyer.
He said you're invading our privacy.
Copy !req
626. We don't have
to consent.
Copy !req
627. The records we
are requesting are critical, Your Honor.
Copy !req
628. We've already obtained
a court-ordered DNA sample from George Harding.
Copy !req
629. Wendy Singer's test results
will allow us to determine if he fathered the child.
Copy !req
630. The Singers don't
want to know who fathered the child.
Copy !req
631. I can't understand
that, Mr. Baum.
Copy !req
632. Well, they don't care
to dwell on how their daughter became pregnant.
Copy !req
633. As far as they're concerned,
it's a matter of divine intervention.
Copy !req
634. They can believe
whatever they want.
Copy !req
635. We still have
a rapist to prosecute.
Copy !req
636. We need the DNA
to prove our case.
Copy !req
637. That's not
my clients' problem. It's a matter of privacy.
Copy !req
638. They don't have to
divulge their daughter's medical file to the State.
Copy !req
639. Your Honor, the Singers'
right to privacy is outweighed by public interest.
Copy !req
640. There's a dangerous
sex offender on the street.
Copy !req
641. George Harding's
in jail. Not for long.
Copy !req
642. If we don't get these
records immediately,
Copy !req
643. we can't obtain a timely
indictment. He'll have to be released.
Copy !req
644. That's a point.
Copy !req
645. I have to balance
all of these facts.
Copy !req
646. I respect the Singers' desire
to keep the government out of their personal business.
Copy !req
647. But in this case,
Copy !req
648. the State's interest
in obtaining these records
Copy !req
649. is extremely compelling.
Copy !req
650. I'm ordering the results
of Wendy Singer's amniocentesis be disclosed.
Copy !req
651. The DNA results
came back from Lifecodes.
Copy !req
652. Based on
the RFLP analysis, Harding's the father.
Copy !req
653. When can I put this
in the win column?
Copy !req
654. It's set for
the A.M. grand jury.
Copy !req
655. Wendy Singer had
an emergency cesarean.
Copy !req
656. She died on
the operating table.
Copy !req
657. And the baby?
Copy !req
658. A girl.
Five weeks premature.
Copy !req
659. She was rushed to
a pediatric ICU.
Copy !req
660. Send
a letter of condolence to the Singer family.
Copy !req
661. Then amend the complaint
against Harding to include a murder charge.
Copy !req
662. Felony murder
won't fly.
Copy !req
663. Death didn't occur "in
furtherance of the crime or immediate flight therefrom."
Copy !req
664. Harding's rape
got her pregnant.
Copy !req
665. Her pregnancy
caused her death.
Copy !req
666. But how can we argue
that that's what Harding intended?
Copy !req
667. Leaves us with
depraved indifference.
Copy !req
668. No problem showing that
Harding knew he ran the risk of getting her pregnant.
Copy !req
669. After that,
it's a push.
Copy !req
670. Unless he knew
the risks of a pregnancy.
Copy !req
671. Wendy's doctor
told Mrs. Singer
Copy !req
672. that the miscarriage
after the accident was a blessing in disguise.
Copy !req
673. She said she told Harding.
Copy !req
674. Notify Harding's lawyer
we're amending the charge.
Copy !req
675. Murder two?
Copy !req
676. I knew you were tough.
I didn't know you were vindictive.
Copy !req
677. Is this because
the Russo case fell through?
Copy !req
678. No. When Mr. Harding raped
Wendy Singer, he killed her.
Copy !req
679. The charge is
proportional to the harm.
Copy !req
680. There is your sense
of justice, Mr. McCoy,
Copy !req
681. and then
there's the law.
Copy !req
682. The law says that if
he acted with disregard to the risk,
Copy !req
683. he can be charged
with the consequences.
Copy !req
684. Risk requires
foreseeability.
Copy !req
685. How could he
possibly foresee she'd get pregnant,
Copy !req
686. go into premature labor,
and die in childbirth?
Copy !req
687. He's a trained
health care professional. He raped an infirm woman.
Copy !req
688. Your client
took his chances.
Copy !req
689. My client
changes bed pans. The jury won't buy it.
Copy !req
690. They will
when they hear from Mrs. Singer.
Copy !req
691. She told Mr. Harding
how dangerous it would be
Copy !req
692. for Wendy to carry
a child to term.
Copy !req
693. She'll testify to
their conversation.
Copy !req
694. If that's
your best evidence, we'll take our chances.
Copy !req
695. We need you to testify
to what you told me during our investigation,
Copy !req
696. that you told Harding
how risky it would be for Wendy to carry a child.
Copy !req
697. Did I say that?
I really don't remember.
Copy !req
698. It was the first
time I was here.
Copy !req
699. You told me
the doctors said how fortunate it was
Copy !req
700. that Wendy had miscarried
after the accident.I recall that part.
Copy !req
701. That it was
a blessing in disguise.
Copy !req
702. Yes, but I can't remember
telling Mr. Harding.
Copy !req
703. How can I testify?
Copy !req
704. This is very important
to our case, Mrs. Singer.
Copy !req
705. We told you before,
Ms. Ross. We're tired of all this.
Copy !req
706. Wendy is dead.
Copy !req
707. Just... Just
leave us out of it.
Copy !req
708. Uh-oh. I know that look.
Copy !req
709. It's the Harding case.
Copy !req
710. I need you to dig up
everything you can on his finances.
Copy !req
711. Bank accounts,
credit card bills...
Copy !req
712. We got his blood.
We got the kid's DNA.
Copy !req
713. I thought this was a gimme.
Copy !req
714. Just get me the records.
Copy !req
715. Harding's financials.
Copy !req
716. You going to
challenge his right to a court-appointed lawyer?
Copy !req
717. Mrs. Singer did a 180
on her conversation with Harding.
Copy !req
718. Now she doesn't remember
telling him about the risks of Wendy's pregnancy.
Copy !req
719. How will Harding's
bank account jog her memory?
Copy !req
720. The week after
Wendy Singer was raped,
Copy !req
721. Harding put a down payment
on a Harley-Davidson Softail.
Copy !req
722. Nice bike.
Copy !req
723. And a few days after
Mrs. Singer reported her daughter pregnant,
Copy !req
724. Harding bought a 46-inch
projection television.
Copy !req
725. They paid him, Jack.
They paid him to impregnate their daughter.
Copy !req
726. It explains why
she stonewalled me.
Copy !req
727. And why they wouldn't
release the amnio.
Copy !req
728. She's covering
for Harding.
Copy !req
729. He's a cooperative guy.
Copy !req
730. Maybe he'll cooperate with us.
Copy !req
731. The Singers lost two things
in that car crash.
Copy !req
732. They lost their
daughter Wendy,
Copy !req
733. and they also lost
the child she was carrying.
Copy !req
734. It's a sad story.
What's it got to do with my client?
Copy !req
735. It's a story
Mr. Harding's heard before.
Copy !req
736. No, I don't know
what the hell you're talking about.
Copy !req
737. Then I'll finish it
for you.
Copy !req
738. In their sorrow
and desperation,
Copy !req
739. the Singers made
a deal with the devil.
Copy !req
740. They paid Mr. Harding
to father a grandchild.
Copy !req
741. You raped Wendy Singer,
you bought a motorcycle.
Copy !req
742. When she became pregnant,
you bought a television.
Copy !req
743. That's quite
a scenario.
Copy !req
744. I think we're done here.
Copy !req
745. Fine.
Copy !req
746. I'll try you as a sex fiend
who rapes unconscious women.
Copy !req
747. We can splash it
all over the papers.I'm not like that.
Copy !req
748. I'm willing
to entertain that possibility.
Copy !req
749. Come on, George.
Copy !req
750. Wait.
Copy !req
751. It was
the mother's idea.
Copy !req
752. She paid me.
Copy !req
753. $3,000 up front,
Copy !req
754. and $2,000 more
if I did the job.
Copy !req
755. You want him to testify
to that, you'll have to drop the murder count.
Copy !req
756. I'll think about it.
Copy !req
757. So she paid him to be
with her comatose daughter.
Copy !req
758. To impregnate her.
Copy !req
759. The 20th century
is passing me by.
Copy !req
760. Two parties in cahoots
to make a baby
Copy !req
761. and a victim
who's not cognizant.
Copy !req
762. Is this a case we
need to prosecute?
Copy !req
763. Harding raped
a comatose woman for profit.
Copy !req
764. I won't make
a deal with him.How about the mother?
Copy !req
765. She sold
her own daughter to a stranger.
Copy !req
766. She acted out of despair.
Harding acted out of greed.
Copy !req
767. Harding was just fulfilling
the mother's wishes.
Copy !req
768. Instead of protecting
her daughter,
Copy !req
769. she turned her into
a baby machine.
Copy !req
770. This can go
back and forth all night. How do we make it go away?
Copy !req
771. We've got Harding
dead-to-rights on the rape charge.
Copy !req
772. The murder is
a little trickier.
Copy !req
773. If we charge Harding
with murder,
Copy !req
774. we need Mrs. Singer to testify
she told him the risks of Wendy's pregnancy.
Copy !req
775. If we charge Mrs. Singer
with murder, or even as an accomplice to the rape,
Copy !req
776. we need Harding to
testify she paid him.
Copy !req
777. Two snakes eating
each other's tails.
Copy !req
778. Pry one of them loose.
Copy !req
779. No irregularities
in the Singers' bank accounts or IRA.
Copy !req
780. You think Harding lied?I'm hoping he did.
Copy !req
781. We're gonna have to make
a deal with one of them to implicate the other.
Copy !req
782. Well, Mrs. Singer isn't
inspiring too much pity on my part.
Copy !req
783. It's the ultimate
betrayal, Jack.
Copy !req
784. Wendy Singer was helpless.
Her mother was supposed to protect her.
Copy !req
785. And Harding? He took
the money, he pushed Wendy's IV aside,
Copy !req
786. he removed her catheter
and climbed on top of her.
Copy !req
787. That's monstrous.
Copy !req
788. Look at this.
Copy !req
789. An appraisal
to Mr. Harry Singer from Fulton Coin and Stamp.
Copy !req
790. US commemorative
sheets, $6,200.
Copy !req
791. And it's dated April.
Copy !req
792. The same month
Wendy Singer was impregnated.
Copy !req
793. Mrs. Singer financed
her daughter's rape
Copy !req
794. with her husband's
stamp collection.
Copy !req
795. I wonder if he knows.
Copy !req
796. Why do you care
about my stamps?
Copy !req
797. You didn't deposit
any of the proceeds.
Copy !req
798. Greta used it
to pay the doctor,
Copy !req
799. the neurologist who
came to look at Wendy.
Copy !req
800. Do you remember
his name?
Copy !req
801. Dr. Ashburn.
Copy !req
802. I didn't really want
to hire the man.
Copy !req
803. Had to pay
to fly him in from Chicago.
Copy !req
804. Greta said
he worked wonders with coma patients
Copy !req
805. at his hospital.
Copy !req
806. Just as well have
thrown the money out the window.
Copy !req
807. Your daughter was never
examined by a doctor named Ashburn.
Copy !req
808. Well, I'm sure
of the name.
Copy !req
809. Greta kept saying
Dr. Ashburn was Wendy's last chance.
Copy !req
810. Why you asking me
all these questions?
Copy !req
811. There's no good way
to say this, sir,
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812. but your wife
used the money for another purpose.
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813. She paid George Harding
to father Wendy's child.
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814. That couldn't be.
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815. What kind of a doctor
do you pay in cash?
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816. Is my wife
in trouble?
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817. Yes.
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818. We could prosecute her
together with Mr. Harding.
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819. Tell them, Greta.
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820. The money was for
the neurologist!
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821. Do you have
a receipt?
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822. No.
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823. How about the doctor's
phone number?
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824. We can call him
and put this to rest right now.
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825. It's like they say.
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826. You gave that
money to Harding.
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827. Harry, stop.
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828. Tell them, Greta.
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829. We have our
granddaughter now.
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830. Let's put an end
to the lies.
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831. I want the truth,
Mrs. Singer.
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832. You paid him to
rape your daughter.
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833. It wasn't rape.You had no right
to allow it.
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834. If I tell you,
will I go to jail?
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835. No promises.
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836. Then I can't let her
talk to you.
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837. If she doesn't
cooperate, I'll make a deal with Harding.
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838. Well, then it's
off the record.
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839. You want it under oath,
it'll cost you a no-jail plea offer.
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840. Go ahead, Mrs. Singer.
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841. You have to understand,
Mr. McCoy.
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842. Wendy called us
the day she found out she and John were expecting.
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843. That baby was all
I could think about.
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844. Then one night,
we got a phone call.
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845. John was killed.
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846. That was when
Wendy lost the baby.
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847. Harry stopped going
to the hospital.
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848. I just couldn't
see her like that.
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849. I cried
all the time.
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850. I had daydreams
Wendy was fine.
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851. We were in the park,
with a stroller,
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852. everyone saying,
"What an adorable baby."
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853. What about Harding?
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854. I used to watch him
bathe Wendy,
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855. and I finally
got up the nerve
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856. to ask him.
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857. To ask him what?
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858. To...
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859. To make a baby
with Wendy.
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860. And he agreed? If I paid him.
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861. I wouldn't at first.
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862. But then he said
how Wendy's life was just going to waste.
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863. He was right.
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864. So, yes, I gave him
the money.
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865. I know
you don't believe this, but I loved my daughter.
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866. Then you should have
taken better care of her.
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867. I did.
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868. I did!
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869. It was God that
didn't take care of her.
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870. God took Wendy and John.
God took our baby.
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871. And God owed me
a grandchild, Mr. McCoy.
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872. God owed me!
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873. Greta Singer
told us everything.
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874. We're going to
make a deal with her to testify against you.
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875. How can you make
a deal with her? The whole thing was her idea.
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876. You could have
said no.
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877. This is
mind-boggling.
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878. You want to hold my client
to a higher standard than Wendy Singer's own mother.
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879. Your client raped
a comatose woman
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880. for a motorcycle
and a television.
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881. Mrs. Singer was
driven by her grief and her despair.
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882. So make her a saint.
I'm the one who did her a favor.
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883. She came to me, all right.
All crying and everything.
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884. I told her "Forget it,"
about 10 times. The lady wore me down.
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885. You were able to
penetrate her daughter.
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886. It can't have been
that repulsive to you.
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887. I felt sorry
for her, you know?
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888. I mean, what
was I gonna do?
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889. Harding is a predator. I don't
buy his Good Samaritan routine for one second.
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890. Mrs. Singer's
the one who lied to us every chance she got.
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891. What she did
was reprehensible.
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892. As a prosecutor,
I can't excuse it.
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893. As a human being,
I feel pity.
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894. Haven't we been
here before?
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895. There's no damn
solution, Adam.
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896. I still can't make out murder
against either one of them
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897. unless I cut a deal
with the other.
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898. Greta Singer won't
testify against Harding unless she gets a walk.
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899. I can console myself
with the vague notion
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900. that Mrs. Singer's conduct
was excused by her grief.
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901. Grief? She's a
narcissistic monster.
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902. Harding does
25-to-life.
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903. Fifteen.
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904. What if you lose?
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905. I won't lose
the rape count.
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906. Either way,
Mrs. Singer does zero.
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907. She lives
happily ever after with her granddaughter.
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908. Maybe not happily.
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909. It's too high
a price, Jack.
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910. I don't like
the alternative.
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911. Solomon said, "Divide
the child in half."
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912. You plead to rape one.
Four-to-eight.
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913. How could I rape
my own daughter?
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914. You solicited Mr. Harding
and you provided access.
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915. You're an accomplice.
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916. You might just as well
have held her down.
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917. What about
Mr. Harding?
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918. He's going away
for rape, also.
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919. And the murder?
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920. We're dropping
the murder charge
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921. against your client
and Mr. Harding.
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922. It's the deal
of the century.
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923. With all
that's happened,
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924. what good will this do?
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925. Mr. Singer.
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926. Your wife and Mr. Harding
plunged into a moral quagmire
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927. that the law can
only begin to address.
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928. Maybe they'll both
drown in it.
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929. From Greta Singer's lawyer.
She's accepting the offer.
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930. What's wrong, Jack?
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931. The Singers' granddaughter,
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932. Harding's parents
are petitioning for custody.
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933. The parents of the man
who raped her?
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934. I pity the judge
who has to make that call.
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935. I'll save my pity
for that baby,
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936. no matter where
she ends up.
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