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. You're home early,
Mrs. Kiley. How was your trip?
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7. Oh, best anniversary present
I ever had, Michael.
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8. Hey, Mr. K,
long flight?
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9. It's always
long when you're coming home, Michael.
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10. Send the suitcases up,
would you?
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11. Yes.
Your daughter, she...
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12. Oh, May hasn't gone out,
has she? Not this early.
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13. No, no. I haven't
seen her this morning.
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14. Good.
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15. What in the hell is going on in here?
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16. May?
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17. Who are you?
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18. May? Oh, my God.
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19. All right, come on.
Get up.
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20. Get out of here,
all of you, right now.
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21. May? May?
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22. Andy?
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23. Mr. Kiley.
I was... I was just...
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24. Cover yourself.
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25. Andy, what is
going on here?
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26. May had a couple of kids over.
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27. Oh, my God!
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28. Lenore? Lenore!
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29. Oh, my.
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30. Oh!
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31. Oh, my God.
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32. It started out,
you know, just a few kids.
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33. What time?
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34. Around 8:00, 8:30.
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35. You go to school
with May?
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36. I used to.
Before I went to Williams.
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37. I'm on spring break.
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38. You were here with
a girl, right? A date?
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39. Yeah, she's from Dalton.
I met her at the party, then we crashed.
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40. You talk to May
at the party?
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41. May was in the bedroom
with somebody. I don't know who.
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42. They were
having a bad fight.
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43. You hear a gunshot?
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44. I didn't hang around
outside the door.
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45. I mean,
with the music that loud.
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46. Wait here.
How are the parents?
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47. Well, Mom's
calling her doctor, and Dad's calling his lawyer.
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48. Well, I got this one kid,
said he heard an argument in May's bedroom. You?
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49. No. Some of the kids
she hung out with thought she was the life of the party.
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50. Not anymore.
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51. What happened last night
was not like her.
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52. Up until this year, she never
even went to parties.
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53. We worried about her.
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54. A kid needs
a social life,
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55. and May was always
such a loner.
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56. Until last year,
and then she just seemed to blossom.
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57. Before you went to England...
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58. There was never
any talk of a party.
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59. What about drugs?
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60. If you found any there,
they were not hers or her friends'.
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61. At least her
close friends'.
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62. Are you sure?
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63. Yes.
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64. What about boyfriends?
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65. May's crowd,
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66. they don't really date
like we did.
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67. Can you give us
some names?
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68. That would be
Chris Landauer.
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69. She's in her class.
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70. And Julia Buckley.
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71. She's a year behind her.
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72. Sometime after 8:00,
8:30, kids, friends, friends of friends,
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73. strangers who heard about
the party started showing up.
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74. Doorman
calls up to the apartment, "Hey, are these your guests?"
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75. May wants to be
popular so she says, "Sure, send them up."
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76. Yeah, so at some point
things get out of hand.
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77. One kid said
he heard May arguing with a guy around 11:00.
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78. Now another kid,
Melinda Suarez,
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79. heard a shot maybe
half an hour later.
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80. But she thought it came
from the street.
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81. The gun from the room?
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82. A.22 caliber. Unregistered.
Latent's working on the prints.
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83. Gunshot residue?
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84. Working on it.
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85. 11:30 to what?
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86. What time did
the parents find May?
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87. 6:00.
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88. 6:00.
Six and a half hours.
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89. None of the kids
went in the room, saw the body?
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90. The door closed?
It's possible.
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91. The parents got there,
there were bodies all over the place.
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92. Sleeping, drugged, drunk.
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93. What about
these Polaroids?
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94. Well, you can get arrested
for putting them on the Internet,
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95. but no shots of May.
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96. No diary or phone book?
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97. Working on that, too.
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98. Now, some other people
we talked to said,
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99. "May was shy,
but everybody liked her.
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100. "Fun, not wild.
A little naive."
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101. If she'd been
a little more streetwise...
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102. Maybe she would've been
killed on the street.
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103. Latent got three sets
of prints off the gun.
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104. The girl, an unknown, and
this mook, Maxwell Paris, 23,
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105. just did six months
at Rikers for dealing.
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106. So, how'd you
end up at the party, Max?
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107. Somebody decides
to throw a party,
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108. they just put your name
on the top of the list?
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109. What do you do,
supply the party favors?
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110. Am I under arrest?
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111. For what?
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112. How long were you
at the party?
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113. A couple of hours.
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114. Who'd you talk to?
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115. You talk to May?
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116. Who? Your hostess.
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117. We found this
gun there, Max.
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118. It's got
your prints on it. Now, why would that be?
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119. Why would your prints
be on this gun, Max?
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120. I just brought it, okay?
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121. Some kid found it
in my pocket,
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122. started showing it
around to people.
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123. I tried to look
for the thing later,
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124. but this blondie,
she could tell you.
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125. I was with her
from the minute I walked in the door till when I left.
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126. Blondie got a name?
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127. Well, everybody's got a name.
Cindy, I think. Mary.
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128. All right,
you recognize blondie?
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129. Yeah, yeah,
that's her, that's her.
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130. If my mother ever
finds out that I was with that guy...
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131. Tell us about the gun.
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132. It was a gun.
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133. Well, a lot of your
friends carry guns?
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134. No. Look, I didn't
even know he had it.
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135. Some kid took it
out of his pants pocket.
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136. And Max didn't try to stop him?
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137. Well, his pants were
on the other side of the room.
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138. Okay.
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139. Were you
with him the whole time?
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140. Did he go off by himself?
Get a beer? Anything like that?
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141. No, I came up in the
elevator with him and...
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142. Well, I didn't know
that he was going to the party.
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143. We were both
crashers, so...
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144. Well, I don't know,
he pretty much kept an eye on me the whole night.
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145. I think he was scared I was
going to run out on him or something.
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146. Yeah, he'd lose
his meal ticket.
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147. Look, I know what goes on.
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148. I mean, if you only
saw the dweebs
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149. that I usually
go out with from my school.
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150. And this guy Max is,
what, exciting?
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151. Real. I mean,
he really does stuff.
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152. Like time in Rikers.
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153. Look, I'm really sorry
about what happened to Billy's girlfriend,
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154. but Max was with me
the entire night.
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155. Who's Billy?
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156. Billy Fields,
the guy who told me about the party.
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157. He was there with May.
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158. Where can we find him?
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159. I don't know.
Greenwich Paper, down on 12th Street.
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160. Ever since it happened,
it's like a nightmare.
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161. Well, you want to tell us
exactly what happened?
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162. I wanted to
explain it to someone.
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163. My friend Louis said that... Louis?
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164. Louis Morse. He said
that I should report it.
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165. I was scared. Hey, that's okay.
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166. Something like this happens,
people get scared.
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167. I didn't know
what to do, you know.
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168. I mean, just a party.
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169. It was just
a regular party.
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170. May planned it a while ago,
when she heard her parents were going out of town.
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171. So, what happened
at the party?
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172. I got there late,
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173. and I was just
taking off my coat
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174. when Louis pulled me
into May's bedroom.
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175. And he had this gun.
I don't know where he got it.
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176. And we were
looking at it when May came in.
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177. And she was hysterical.
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178. She was telling us
how she got this letter,
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179. and that she had AIDS.
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180. And she was crying,
and saying it wasn't fair.
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181. I freaked. I was like,
I kept telling her, "Are you sure?"
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182. She said yes.
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183. I thought
maybe I had it, too.
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184. She told me to
put down the gun,
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185. and she picked it up,
and somehow it went off.
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186. I don't even know
what happened then.
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187. I thought I killed her.
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188. And I was scared.
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189. Louis and I,
we just booked together.
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190. God, I mean, I'm so sorry.
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191. We got him
in interrogation, waiting on his lawyer.
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192. She tells him she's
got AIDS, he freaks and accidentally shoots her.
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193. You buy that story?
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194. Well, he's a mess,
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195. but his friend, Louis Morse,
confirms everything.
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196. So, there's a struggle.
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197. Maybe he wanted to kill her
because he was afraid she'd given him AIDS,
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198. and she tried to stop him?
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199. We're having the M.E. check
if the girl was HIV positive,
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200. and if the wound makes
the boy's story possible.
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201. Well, book Max for criminal
possession of the weapon,
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202. charge Billy
with murder two, and talk to May's parents.
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203. Find out what they know
about Billy.
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204. HIV?
What are you talking about? What are they talking about?
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205. We're just trying
to confirm...
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206. My daughter's dead,
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207. and you come here
telling me she...
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208. Who told you that? Mr. Kiley, I...
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209. Whoever told you that
is a liar.
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210. My daughter was
not sexually active.
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211. She was
fitted for a diaphragm a little over a year ago.
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212. She what?
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213. May was a late bloomer.
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214. She came to me
for advice, and I...
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215. Why didn't you tell me this?
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216. Because she was afraid
you would react the way you're reacting.
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217. Who was she sleeping with?
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218. I didn't ask.
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219. What is the detective
looking for?
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220. Oh, he'll be finished
in a minute.
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221. Did May ever talk about
getting tested for HIV?
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222. What can you tell me
about her friend, Billy Fields?
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223. We met him
a couple of times.
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224. He seemed like
a very sweet boy.
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225. I didn't know
he was her boyfriend.
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226. Found this in one
of her school books. "May, we have to talk.
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227. "It's very important. Lana."
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228. Who's Lana?
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229. There's a Lana Madison
in her chorus.
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230. I don't think they
were friends, though.
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231. May, and
this girl from Spence, Grace Leonard, and me,
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232. we all went out
with the same guy.
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233. Me, about a year
and a half ago,
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234. and then Grace a year ago,
and May nine, 10 months ago.
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235. He bounced from Grace to her.
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236. Who was the guy?
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237. I only know
his street name. Twist.
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238. Do you know
where we can find him?
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239. I don't know.
I haven't seen him around lately.
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240. Does he go to
school with you?
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241. No, he's older.
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242. Couple of years.
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243. Do you know
where he lives?
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244. No, he just hangs
around the scene.
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245. So, where did you...
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246. My parents' place.
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247. They were out.
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248. What about May's
current boyfriend?
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249. Billy? He's a shy kid.
You know, more May's speed.
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250. Not like Twist.
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251. I can't imagine him
shooting anybody.
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252. Sounds like
you don't like Twist.
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253. Yeah, well... No, like
three weeks after we broke up,
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254. I ran into him at a party,
and he told me he had AIDS,
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255. so I probably had it,
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256. and then he laughed.
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257. And I thought
it was a sick joke.
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258. He was just trying
to get back at me for dumping him.
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259. But two weeks ago,
I had to go get tested for VD,
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260. and I found out
Twist wasn't joking.
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261. I'm sorry.
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262. What do you guys say?
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263. "Can't do the time,
don't do the crime"?
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264. That's what it feels like.
You know, like I'm some sort of criminal.
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265. You getting help?
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266. Yeah, I got a good doctor.
At least my parents say he's good,
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267. and now they get to
congratulate themselves
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268. on being understanding.
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269. This Twist,
would Grace know where we can find him?
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270. I tried to
contact Grace, too, to tell her,
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271. but she already knew.
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272. She died.
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273. AIDS.
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274. Pneumonia. Last month.
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275. Look, Twist is a jerk.
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276. Hey, he even
bragged about infecting as many girls as he can.
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277. Taking us all with him.
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278. The M.E. confirmed that May was HIV positive,
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279. and the angle
of the wound makes the boy's story possible.
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280. We've got
the kid's statement.
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281. Confirmation
from the witness?
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282. Yes. He saw the fight.
I talked to Billy's lawyer.
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283. What do we know
about the boy?
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284. By all reports,
a good kid, good student.
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285. So, we're not talking
a hard case here.
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286. It sounds like it happened
the way he said.
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287. Freaked out,
the gun went off.
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288. I'm inclined
to make the deal.
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289. Okay. We close
the books on Billy.
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290. I wish
they were all this easy.
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291. What about this
other guy, Twist?
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292. What about him?
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293. He's purposely infecting
women to kill them.
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294. He bragged about it.
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295. Said he was going to take
as many girls with him as he could.
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296. Well, isn't this something
we should hand off to the Health Department?
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297. LT, he's dangerous.
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298. I don't know.
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299. It's at least attempted murder.
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300. And what? We get him to
plead down to man two? It's a stretch.
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301. I vote with Curtis.
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302. It appears we have a good kid
who accidentally killed his girlfriend,
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303. and maybe a bad one who's
deliberately infecting women.
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304. Well, pick him up.
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305. We'll worry about
how to keep him later.
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306. Start with the clinic
where the girl got tested.
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307. We get a list of sexual encounters
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308. from everyone who
tests positive for HIV.
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309. We contact these people,
we urge them to get tested.
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310. We get from them
their list of sexual encounters, and so on.
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311. Well, Lana Madison
told us she got tested here.
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312. This is the letter
you sent her.
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313. We're hoping you traced
the guy who infected her.
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314. The records
are confidential.
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315. Hey, we got somebody out there
who's infecting these people on purpose.
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316. All right.
I can tell you in the past three months,
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317. half a dozen girls
who tested positive gave overlapping contacts.
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318. One guy?
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319. We found out
he tested positive about a year and a half ago.
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320. We're gonna
need his name.
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321. The rules
make no exceptions.
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322. Listen, while we're
standing here talking,
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323. he could be out
infecting somebody else.
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324. If half the time,
money and effort
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325. you're spending
trying to find this guy went into sex education...
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326. We work for
the Police Department, not the School Department.
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327. And I work for
the Health Department,
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328. which does not disclose
confidential information.
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329. Excuse me.
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330. We can't
get this kid's name from the Health Department.
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331. So, we can't get
him off the street.
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332. He'll keep spreading
the disease.
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333. This kind of thing
makes judges very nervous.
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334. We're dealing with
a Constitutional issue here.
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335. The right to privacy.
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336. What about
the right to life?
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337. The city health codes are
pretty specific about confidentiality.
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338. So, you're saying what?
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339. We back off and let
this guy spread death
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340. as quickly as he can get
those kids to kick up their heels?
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341. Okay,
I'll file a motion.
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342. Look, we're all
in agreement here.
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343. This is a crime.
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344. I sure hope so.
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345. People v. Rodriguez.
The defendant was compelled to undergo an AIDS blood test.
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346. The People
are not asking a suspect to take a test.
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347. They're asking us to release
the test results on a third party.
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348. The issues of privacy
are the same.
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349. In Rodriguez,
the defendant was charged with sexual assault.
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350. The victim
moved to determine her attacker's HIV status
Copy !req
351. for her own
peace of mind.
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352. Ms. Ross seeks to turn
Rodriguezon its head.
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353. Your Honor,
if we don't get this man off the street,
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354. he will infect more women,
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355. and we can't
get him off the street if we don't know who he is.
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356. There's a larger
consideration here, Judge.
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357. The need for secrecy
to encourage those people
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358. who may be infected
to get tested,
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359. and for those people
who are infected to seek treatment.
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360. If the D.A.
can force disclosure, people infected with HIV
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361. are going to avoid the city
Health Department like the plague.
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362. Ms. Ross, if I order
these records unsealed,
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363. won't I send
the AIDS community a message
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364. that confidentiality
is out the window?
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365. The People's need for
this information is limited.
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366. We're not asking for
all records to be unsealed.
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367. Only one order
about one individual.
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368. Which is how it starts.
If one, why not two, 10, 100?
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369. Rodriguezpresented
unprecedented issues in this state.
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370. In that case,
the suspect had already been arrested.
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371. In this case, we're breaking
confidentiality to make an arrest.
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372. We're in uncharted
waters here.
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373. Is there a crime here?
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374. That's what
we're trying to determine.
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375. That's why we need
to talk to him.
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376. Given both the seriousness
of the consequences
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377. and the urgency of the matter,
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378. I'm inclined
to lean a little on the side of protecting the health,
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379. and perhaps the life of those
who are in danger of infection
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380. over a right that is not
a matter of life and death.
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381. You've
got your records unsealed, Counselor.
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382. We're looking
for a kid named Twist.
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383. Last known address,
your building.
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384. Didn't give an apartment.
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385. Stark. That's it. Kenny Stark,
in what's-his-name's place.
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386. A real pain in the ass.
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387. Which apartment?
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388. I haven't
seen him since, what month is this?
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389. He moved out, huh? Mmm-hmm.
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390. We need to find him, fast.
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391. Well, you know Village Blues,
two blocks up? You can't miss it.
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392. He used to
work in the kitchen.
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393. Thanks.
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394. Yeah, he washed dishes
whenever he needs the cash.
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395. I haven't seen him
for a while.
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396. Romeo, right?
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397. Different girl every time
he comes in. Young.
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398. You know the type.
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399. Gets the girls by playing
the doomed artist.
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400. And they're so dumb.
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401. They see him shooting smack,
and want to take care of him.
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402. He do
a lot of drugs?
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403. Not really his thing. Just
enough to convince himself
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404. that he's not middle class,
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405. and convince the girls
that he's a tortured soul.
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406. You know where he lives? Around.
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407. Anybody who's stupid
enough to take him in.
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408. Like that kid he was with
the other night.
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409. She was putting up those
flyers about that lost cat.
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410. What, the Siamese? Manx.
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411. Got it.
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412. Are you here
about my cat?
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413. Actually we're looking
for Kenny Stark.
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414. Twist.
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415. What for?
Is he in trouble?
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416. Is he staying with you?
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417. What's he done?
Copy !req
418. Is he here?
Copy !req
419. He just went out.
Copy !req
420. Where'd he go?
Copy !req
421. He's in this band. They've
got this big gig coming up.
Copy !req
422. I mean,
it's not definite,
Copy !req
423. but this A&R guy's gonna
come down and check them out,
Copy !req
424. and they're going to get
this big recording contract.
Copy !req
425. You should hear them.
Copy !req
426. Well, maybe we can
go hear them rehearse.
Copy !req
427. Hey, it's nothing
for you to worry about.
Copy !req
428. East Third, 413.
Over the laundromat.
Copy !req
429. You his girl?
Copy !req
430. Yeah.
Copy !req
431. Did Kenny tell you
he was sick?
Copy !req
432. What do you mean?
Copy !req
433. Listen, don't go anyplace.
We're gonna have to talk to you, okay?
Copy !req
434. We're looking for Twist.
Copy !req
435. Hey, it's okay.
I got this problem with my eyes.
Copy !req
436. See, I can't see
anything but Twist.
Copy !req
437. I can't even see you. Where is he?
Copy !req
438. Hey, no, baby,
Copy !req
439. I don't use rubbers.
It's better bareback.
Copy !req
440. Police! What's going on?
Copy !req
441. Get out of bed.
Let's go.How the hell?
Copy !req
442. Stand up.
Copy !req
443. Kenny Stark,
you're under arrest for the murder of Grace Leonard,
Copy !req
444. and the attempted murder
of Lana Madison.
Copy !req
445. Twist.You've got the right
to remain silent.
Copy !req
446. Anything you do say can and
will be used against you in a court of law.
Copy !req
447. "Docket number 27341.
People v. Kenneth Stark."
Copy !req
448. One count Murder
in the Second Degree.
Copy !req
449. Four counts
Attempted Murder in the Second Degree.
Copy !req
450. Mr. Stark,
how do you plead?
Copy !req
451. Not guilty, Your Honor.
Copy !req
452. The People request
remand.
Copy !req
453. Mr. Stark is
not a flight risk.
Copy !req
454. He's a threat
to the community. Mr. Stark is HIV positive...
Copy !req
455. So, we put everyone with
AIDS in internment camps?
Copy !req
456. Not everyone with AIDS,
Your Honor.
Copy !req
457. Just those who
deliberately infect others.
Copy !req
458. From the beginning of the AIDS crisis,
Copy !req
459. quarantine has
been consistently rejected as an option.
Copy !req
460. "The power
given by statute to isolate a person
Copy !req
461. "is dependent
upon his infections or contagious disease."
Copy !req
462. Smith v. Emery.
Copy !req
463. 1896. And,
Your Honor, the most recent applicable law is from 1947.
Copy !req
464. We're talking
ancient history.
Copy !req
465. Is Mr. Margini suggesting
the court ignore precedent?
Copy !req
466. Is Ms. Ross suggesting
the court ignore basic Constitutional rights?
Copy !req
467. Mr. Stark has
no Constitutional right to place others at risk.
Copy !req
468. All right, Counselors,
settle down.
Copy !req
469. Defendant is
remanded to custody.
Copy !req
470. Think you're
a little hasty?
Copy !req
471. We have a serial killer
on the streets.
Copy !req
472. I'm not sure prudence
dictates we go slow.
Copy !req
473. We're not talking
about a serial killer.
Copy !req
474. All right, a serial
killer can murder what, two, three, half a dozen?
Copy !req
475. Stark can infect,
kill dozens, hundreds.
Copy !req
476. What he did
is clearly a crime.
Copy !req
477. In a perfect world.
Copy !req
478. But in this one,
under the system of laws that we have...
Copy !req
479. Just before he was
being arrested, the police heard Stark say to a girl,
Copy !req
480. "It's better bareback."
Copy !req
481. What?
Copy !req
482. He didn't want
to use a condom.
Copy !req
483. Brother.
Copy !req
484. And he told one girl
he wanted to infect as many women as he could.
Copy !req
485. It's a crime, Adam.
Copy !req
486. Is it one we want
to prosecute?
Copy !req
487. A lot of people are
gonna see this as a signal
Copy !req
488. for open season
on people with AIDS.
Copy !req
489. That's a political
consideration, Adam.
Copy !req
490. Political.
Just possibly Constitutional.
Copy !req
491. People are dying.
We have the tools to stop it. Let's use them.
Copy !req
492. No one gave consent
to get infected.
Copy !req
493. The Health Department
traces these things.
Copy !req
494. This is their responsibility.
Copy !req
495. Sure, to trace them,
not to stop them.
Copy !req
496. The Health Department
is not the sex police.
Copy !req
497. Besides, these kids
don't even report it.
Copy !req
498. And you think
that this case...
Copy !req
499. Could save
some lives? Sure.
Copy !req
500. Well, we're not here
to start a crusade.
Copy !req
501. And I'm not
on a crusade.
Copy !req
502. We can't
save everyone from getting shot on the street,
Copy !req
503. and I know we can't
save everyone who gets AIDS.
Copy !req
504. It is our job to
prosecute anyone
Copy !req
505. who's responsible for
the death of another.
Copy !req
506. Playing into the
worst kinds of prejudice.
Copy !req
507. It'll be
on the front page of every newspaper.
Copy !req
508. I don't want that.
Copy !req
509. Get Stark to plead out.
Do what you have to.
Copy !req
510. Anne Paulsen. Kagan,
Romero, Schoenholtz.
Copy !req
511. I'll be handling
Mr. Stark's case from here on in.
Copy !req
512. Where's Mr. Margini?
Copy !req
513. He went back to
defending streetwalkers.
Copy !req
514. Your client's
easily amused?
Copy !req
515. That's not half as
funny as the charges.
Copy !req
516. What's your interest
in this case?
Copy !req
517. Her weekly golf game with
my mother who lives next door in Ardsley.
Copy !req
518. And a very
large retainer.
Copy !req
519. Kenny.
Copy !req
520. I didn't
notice them at the arraignment.
Copy !req
521. They're suddenly concerned?
Copy !req
522. Yeah, well,
we haven't seen much of each other lately.
Copy !req
523. Mr. Stark's been out
of contact with his family
Copy !req
524. the past couple of years.
Copy !req
525. His murder spree
took all his time.
Copy !req
526. Look, do you want to
tell me what happened?
Copy !req
527. I can assure you, Mr. McCoy,
Copy !req
528. his parents
will do everything they can to help their boy.
Copy !req
529. We're ready
to offer man one.
Copy !req
530. Three-to-nine, and
he names his contacts.
Copy !req
531. So you
can manufacture more fake charges?
Copy !req
532. So we can alert
your client's victims.
Copy !req
533. Victims? We all know
the charges are bogus.
Copy !req
534. His irresponsibility
is sad and immoral,
Copy !req
535. but it isn't a crime.
Copy !req
536. I'm moving to dismiss.
Copy !req
537. Mr. McCoy is seeking to criminalize sexual activity.
Copy !req
538. No, I'm seeking to impose
criminal sanctions on a murderer.
Copy !req
539. No matter how
irresponsible he may be, Mr. Stark is not a murderer.
Copy !req
540. His weapon of choice
may be unusual,
Copy !req
541. but he's no less deadly
than a common thief who fires a gun.
Copy !req
542. You can infer intent
when a thief pulls a trigger.
Copy !req
543. Mr. Stark
told one of his victims he wanted to take them with him.
Copy !req
544. Your Honor, if you allow
Mr. McCoy to prosecute people with AIDS...
Copy !req
545. He knowingly
infected others with a deadly disease.
Copy !req
546. No warning,
no protection.
Copy !req
547. Enough.
Copy !req
548. It's a sustainable case,
Mr. McCoy, if you can prove intent.
Copy !req
549. I'm going to
let you proceed,
Copy !req
550. but I'm mindful of the
sensitivity of this issue.
Copy !req
551. I won't let you turn
this into a witch hunt.
Copy !req
552. If you go forward
with this case,
Copy !req
553. you are crucifying
an entire community!
Copy !req
554. We're not
crucifying a community, we're prosecuting one man.
Copy !req
555. Who has AIDS!
Copy !req
556. And who therefore,
in the press, in the public mind...
Copy !req
557. Nobody has said he's gay.
Copy !req
558. You think
that's going to make a difference?
Copy !req
559. You know, people hear
AIDS, they think gays.
Copy !req
560. The tabloids will use
this case to attack anyone who's HIV positive, which...
Copy !req
561. Which includes... Yes.
Copy !req
562. You've got to think
about the effect that this is going to have!
Copy !req
563. Therefore, don't
prosecute a murderer
Copy !req
564. who happens to be
a Christian fundamentalist because people might think
Copy !req
565. he represents all
Christian fundamentalists.
Copy !req
566. That it?
Copy !req
567. The courts don't exist in
some sort of ivory tower, Adam.
Copy !req
568. All legal decisions
are political.
Copy !req
569. I don't make decisions
about which cases to prosecute
Copy !req
570. based on fear of what
the newspapers will say.
Copy !req
571. I've always
supported you, Adam.
Copy !req
572. Every time you've
come up for reelection, I've busted my hump for you
Copy !req
573. and I have
never asked for anything in return.
Copy !req
574. But if you don't
back off on this one,
Copy !req
575. I will bury you.
Copy !req
576. Start digging.
Copy !req
577. So Judge Al Hoyt
found for the People.
Copy !req
578. When'd he grow a backbone?
Copy !req
579. Maybe he has
granddaughters.
Copy !req
580. He's what they used to
call a confirmed bachelor.
Copy !req
581. Well, you got your crime.
Copy !req
582. Do you think Paulsen
will consider a plea?
Copy !req
583. We tried again.
She turned us down.
Copy !req
584. Establish intent.
Copy !req
585. Maybe then her client
will wise up.
Copy !req
586. Establish intent.
Copy !req
587. This thing's
political poison for him.
Copy !req
588. Background noise.
Ignore it.
Copy !req
589. Let's start with the victims.
Lana Madison?
Copy !req
590. We have her
sworn statement. The girl in the loft?
Copy !req
591. She's on board.
Copy !req
592. Stark's girlfriend,
Leslie Crowell?
Copy !req
593. I'll talk to her.
Copy !req
594. Those girls you
said he infected?
Copy !req
595. Twist isn't
that kind of guy.
Copy !req
596. I mean, I know him.
You don't.
Copy !req
597. I know what he did.
Copy !req
598. You know what
they said he did.
Copy !req
599. What do you know
about them?
Copy !req
600. One's dead from AIDS.
Copy !req
601. Another's infected.
Copy !req
602. I don't have AIDS.
Copy !req
603. You been checked out?
Copy !req
604. My blood's okay.
Copy !req
605. What clinic?
Copy !req
606. Leslie, this is important.
You have to get a test. Please.
Copy !req
607. What do you care?
Copy !req
608. I'll take you.
Sometimes it's easier if someone goes with you.
Copy !req
609. I went to see Twist.
In the Tombs.
Copy !req
610. My mom kicked me
out of the house after my dad died.
Copy !req
611. When I met Twist,
he told me he'd been waiting for me all his life.
Copy !req
612. My mom, my dad,
they never even told me they loved me.
Copy !req
613. Leslie, how long
have you known him?
Copy !req
614. Two months.
Copy !req
615. How do you know
those girls didn't get it from someone else
Copy !req
616. or needles and
blame it on Twist?
Copy !req
617. Because, like that
girl in Central Park who was screaming at him?
Copy !req
618. About what?
Copy !req
619. When she
saw him with his arm around me, she went crazy,
Copy !req
620. saying she was
going to get him.
Copy !req
621. She was going
to make him pay.
Copy !req
622. Because?
Copy !req
623. Because she was jealous.
Copy !req
624. Maybe it was because
he gave her AIDS.
Copy !req
625. Well, she didn't
say anything about that.
Copy !req
626. She just said she
was gonna make him pay. And she did, didn't she?
Copy !req
627. You know her name?
Copy !req
628. She has light brown hair,
she's 5'5", 5'6."
Copy !req
629. How long
have you been sick?
Copy !req
630. It's just a cold.
It's no big deal.
Copy !req
631. I don't need
anybody's sympathy.
Copy !req
632. I've got enough trouble
dealing with my parents.
Copy !req
633. You sure Kenny Stark
gave you HIV?
Copy !req
634. You can prove it?Yes.
Copy !req
635. Details? Partners?
Dates?
Copy !req
636. This is gonna
be embarrassing.
Copy !req
637. What about meeting him
in the park?
Copy !req
638. Who told you about that?
Copy !req
639. Is there a reason
to hide it?
Copy !req
640. No. No. It's just...
Copy !req
641. Why didn't you
tell the police?
Copy !req
642. Because it would
sound like I accused him
Copy !req
643. of giving me AIDS
to get back at him.
Copy !req
644. And did you?
Copy !req
645. Twist gave me the disease.
Copy !req
646. Then he laughed.
Yeah, yeah, I want to get back at him.
Copy !req
647. I'm never gonna get
married or have kids.
Copy !req
648. I mean, what's the point
of staying in school or going to college?
Copy !req
649. Even if we don't
put Lana on the stand, Paulsen will. Thank you.
Copy !req
650. Then she'll put
Leslie on the stand.
Copy !req
651. Why did she
threaten Stark?
Copy !req
652. Why didn't
she tell anyone about meeting him in the park?
Copy !req
653. Who else could she
have gotten HIV from?
Copy !req
654. Reasonable doubt.
I've got reasonable doubt.
Copy !req
655. Doubt the kid is
telling the truth?
Copy !req
656. Doubt that a jury
will ever buy it, even if she is.
Copy !req
657. We don't put
Lana on the stand,
Copy !req
658. the jury doesn't
hear Stark's threat. We lose half our case.
Copy !req
659. We may lose
the other half.
Copy !req
660. A motion to suppress
Stark's test results.
Copy !req
661. We can't prove
he knew he had AIDS, we can't prove intent.
Copy !req
662. It's black-letter
law, Your Honor.
Copy !req
663. The doctor-patient
relationship is sacrosanct.
Copy !req
664. Your Honor,
Judge Kaplan has already ruled
Copy !req
665. that the records can
be unsealed.
Copy !req
666. I don't care what
Barbara Kaplan ruled.
Copy !req
667. Go on, Ms. Paulsen.
Copy !req
668. Not only is
that confidentiality supported by CPL 3504,
Copy !req
669. the city's
own Health Department rules specifically state
Copy !req
670. the identity
of AIDS patients must remain anonymous.
Copy !req
671. Your Honor, this report
is the only record we could possibly have
Copy !req
672. of one of the elements
of the crime, namely, intent.
Copy !req
673. The court must
put aside the fact
Copy !req
674. that it takes the form
of a medical report.
Copy !req
675. Well, how does this differ
from any other medical communication, Mr. McCoy?
Copy !req
676. People v. Thomas,
People v. Fonseca,
Copy !req
677. People v. Gearhardt,
in all those cases,
Copy !req
678. the courts ruled
that the State's right to learn if a defendant had AIDS
Copy !req
679. outweighed his
right to privacy.
Copy !req
680. Which is a basic Constitutional right.
Copy !req
681. In those cases,
the crime was never in doubt.
Copy !req
682. In this case, you're
trashing the principles this country was founded on.
Copy !req
683. Judge, you open this door,
where does it end?
Copy !req
684. Even the Gay
Men's Health Crisis group has reversed its position,
Copy !req
685. and come out in favor
of doctors reporting HIV positives
Copy !req
686. to the State
Health Department.
Copy !req
687. I don't care
what that group does.
Copy !req
688. The Constitutional issue
is not to be lightly swept aside.
Copy !req
689. The rules of confidentiality
should not have been breached.
Copy !req
690. Therefore, the report on
Mr. Stark's condition is suppressed.
Copy !req
691. Your Honor,
I am moving to dismiss.
Copy !req
692. Without evidence of intent,
the charges can't be sustained.
Copy !req
693. We still have
Lana Madison's statement about Mr. Stark's threat.
Copy !req
694. That's hearsay from a witness
who could have contracted AIDS
Copy !req
695. from any number
of sexual partners.
Copy !req
696. We have her
entire sexual history.
Copy !req
697. Unless she's
forgotten someone,
Copy !req
698. or is protecting someone,
or lied.
Copy !req
699. Quite right, Ms. Paulsen.
I'm granting your motion to dismiss,
Copy !req
700. but I'm staying the order
Copy !req
701. until what I assume
will be Mr. McCoy's
Copy !req
702. speedy appeal to
the appellate court.
Copy !req
703. Now, you've got 48 hours
to put something together, Mr. McCoy.
Copy !req
704. McCoy, you're a nice guy,
so I've been nice.
Copy !req
705. Drop this case,
or I'm going to roast you in the papers.
Copy !req
706. How's Adam Schiff
going to take to that?
Copy !req
707. So, it went that well, huh?
Copy !req
708. Yep.
Copy !req
709. Forty-eight hours
to prove Stark knew he had AIDS a year ago.
Copy !req
710. To prove
intent all over again. Make the case from scratch.
Copy !req
711. Forget it.
Copy !req
712. Let the 48 hours expire.
Blame it on the judge.
Copy !req
713. Is it the idea of
trying to protect people
Copy !req
714. from the consequences
of casual sex that offends you?
Copy !req
715. Oh, I see.
I'm an old fuddy-duddy.
Copy !req
716. No, Adam, I just... And I think it's politics,
Copy !req
717. and I'm afraid the case
will sink the election?
Copy !req
718. If we had a chance,
I'd tell you to go ahead,
Copy !req
719. whatever happens.
Copy !req
720. But we're past that now.
Copy !req
721. Cut your losses.
Copy !req
722. I want to talk to
his parents first. Then we'll see.
Copy !req
723. Then we'll see.
Copy !req
724. We went to visit
Kenneth in jail.
Copy !req
725. He still won't talk to us.
Copy !req
726. My son
hasn't really been part of the family since he was 16.
Copy !req
727. Before jail,
when was the last time you spoke to him?
Copy !req
728. Last spring.
When did he come up here?
Copy !req
729. Um...
Copy !req
730. April.
The dogwood was out.
Copy !req
731. Didn't even call first.
Copy !req
732. Last spring.
That's around the time he found out he had AIDS.
Copy !req
733. Did he say
anything to you about his health?
Copy !req
734. He came to you because
he was sick, didn't he?
Copy !req
735. Mr. and Mrs. Stark,
you do understand
Copy !req
736. that this isn't just
about your son's welfare.
Copy !req
737. But it is my son
you're asking about.
Copy !req
738. Your son consciously infected other people.
Copy !req
739. Just how many,
we don't know.
Copy !req
740. We're aware of what
you're accusing him of.
Copy !req
741. He has to be stopped.
Copy !req
742. He should be off the streets.
Copy !req
743. Don't you think
we've been trying for the last few years?
Copy !req
744. If he came to you,
if he told you about his condition...
Copy !req
745. You could use that
to put him in jail.
Copy !req
746. We've offered
to make a deal.
Copy !req
747. Isn't this something
you should be talking to my lawyer,
Copy !req
748. my son's lawyer about?
Copy !req
749. We're willing
to reduce the charges from murder to manslaughter.
Copy !req
750. Instead of going to
jail for 25 years-to-life, he goes for three-to-nine.
Copy !req
751. Our son may be dead
in three years.
Copy !req
752. Even if Kenny did come
to us when he was sick,
Copy !req
753. do you think we would
help you put him in jail?
Copy !req
754. My son has had problems,
I know that, and he's going to die.
Copy !req
755. So will a lot
of other children, if you don't help us.
Copy !req
756. You don't know that.
Copy !req
757. And you will be
just as responsible for their deaths as he is.
Copy !req
758. I'm going to live
after my son is gone.
Copy !req
759. I can't live knowing
he died hating me.
Copy !req
760. He'll die with us,
at home.
Copy !req
761. Not in jail.
Copy !req
762. I checked
with the Starks' insurance company.
Copy !req
763. Mid-April, around the time
he showed up at his parents' house,
Copy !req
764. Mrs. Stark called the company
to see if their son was still covered under their plan.
Copy !req
765. There was
a note in the file.
Copy !req
766. So, the kid comes home,
tells his parents he's sick.
Copy !req
767. The HMO told Mrs. Stark
that she could put her son on the policy
Copy !req
768. by paying a premium
after he's had a physical.
Copy !req
769. Which Kenny can't take
because it'll show he's HIV positive.
Copy !req
770. The parents knew a year ago.
Copy !req
771. But won't cooperate
with us.
Copy !req
772. Because they still
want to protect him.
Copy !req
773. Not enough to dig into
their own pockets, get him treatment.
Copy !req
774. I checked their bank accounts,
stock transactions.
Copy !req
775. There were
substantial withdrawals, cash, at regular intervals.
Copy !req
776. His parents
were slipping him money to get help.
Copy !req
777. We don't know that.
Copy !req
778. But Stark and his lawyer
don't know we don't.
Copy !req
779. We can fold or bluff.
Copy !req
780. We talked to
your parents.
Copy !req
781. We know they
contacted their HMO
Copy !req
782. to try to get you
on their plan.
Copy !req
783. Privileged.
No jury will ever hear that.
Copy !req
784. They made
regular cash withdrawals.
Copy !req
785. And you can't prove
they've been giving it to my client.
Copy !req
786. We know
you used the money to get medical help.
Copy !req
787. Funny thing
about cash, McCoy. It all looks the same.
Copy !req
788. You want me to
charge his parents with obstruction?
Copy !req
789. What are you
going to charge me with?
Copy !req
790. Accessory after the fact?
Copy !req
791. You're dreaming, McCoy.
Copy !req
792. None of this will fly
with the appellate court.
Copy !req
793. I'll file again next year
and the year after.
Copy !req
794. We'll wheel him in
on a gurney.
Copy !req
795. See what the jury
thinks about that.
Copy !req
796. Conference is over.
Copy !req
797. We've got till
the end of the day to file the appeal.
Copy !req
798. Maybe I'll have lunch first.
It's Friday.
Copy !req
799. We might get more time
by being late.
Copy !req
800. Mr. McCoy. Ms. Ross.
Copy !req
801. My clerk told me why
you're here. Forget it.
Copy !req
802. Your Honor, if this
Stark kid gets out,
Copy !req
803. it's like releasing
Theodore Kaczynski
Copy !req
804. and giving him
a bomb and a stamp.
Copy !req
805. I can understand
your concern.
Copy !req
806. But an expedited appeal
with a full panel?
Copy !req
807. It's 4:00, Friday.
Copy !req
808. This is urgent.
Copy !req
809. You know
the chances of finding four of my brethren
Copy !req
810. to take the bench
at this hour?
Copy !req
811. Judge Hoyt's stay
expires today.
Copy !req
812. Stark will be out
by tomorrow morning.
Copy !req
813. You want me to extend
the stay until Monday?
Copy !req
814. Unless you can
find a full panel now to hear my appeal.
Copy !req
815. Enjoy your weekend.
I think you're going to have a rough Monday.
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816. Two more days.
What's the next move?
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817. Prove Stark
knew he had AIDS. Stark's girlfriend.
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818. Maybe he told her something
about what he had.
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819. He'd never do anything
to hurt anybody. I know that.
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820. But I don't know.
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821. From where I sit,
he doesn't seem to care about anyone.
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822. Not even you.
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823. That's not true.
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824. I mean, he told me
I had to be protected.
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825. What did he tell you?
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826. He said it wasn't about
not getting pregnant, it was about...
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827. That he was sick.
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828. Did he tell you
he was HIV positive?
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829. He said he was sick,
and he didn't want me to get sick.
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830. I mean, he knew
we had to use a condom, but I didn't want him to.
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831. If he was sick,
whatever it was,
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832. well, it's like
we were married.
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833. "Till death do us part."
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834. He knew he had AIDS.
We can argue intent from that.
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835. Not on our Murder Two.
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836. On the woman he
was about to infect when he was arrested.
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837. Attempted murder.
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838. Based on what
the cops overheard?
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839. Mmm-hmm.
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840. New evidence, new charge.
We're gonna give these judges a headache.
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841. There's a cure
for headaches.
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842. Poor Leslie.
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843. She thought she was
helping him by telling us how considerate Stark was.
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844. The only decent thing
he ever did is going to sink him.
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845. I understand
the People have dismissed
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846. the top count
of the indictment,
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847. Murder in the
Second Degree?
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848. Yes, we're proceeding
with the charge
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849. of Attempted Murder
in the Second Degree.
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850. All right.
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851. This is a complicated case,
and I'll review the circumstances.
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852. We're well briefed
on the facts.
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853. Isn't this really a question
of whether or not
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854. you can
establish the defendant's intent as a matter of law?
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855. Yes, Your Honor.
And the People believe we can.
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856. How?
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857. Mr. Stark told his
current girlfriend that he was sick,
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858. and needed
to use a condom for her protection.
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859. And from that
you infer intent?
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860. After he made
that statement, he was arrested in the process
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861. of initiating
the sexual act with another party.
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862. And you know
what he was thinking?
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863. The police overheard him say
to this partner that he did not use condoms.
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864. What were his exact words?
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865. "Hey, no, baby,
I don't use rubbers. It's better bareback."
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866. Your Honor,
intention can be inferred from the act.
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867. People v. Stokes.
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868. And this inference is
to be drawn by the jury.
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869. If the defendant
gets back on the street,
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870. in the course of his lifetime,
a lifetime which may be tragically short
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871. or indefinitely long,
how many other women might he infect?
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872. Two dozen? 50? 100?
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873. Yes, this is
a difficult case.
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874. And, yes, it challenges
the court to balance two goods.
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875. The right to privacy,
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876. and the right of people
in the most intimate act
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877. to trust that
they will be safe. The right to life.
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878. I am not going
to pass judgment
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879. on whether or not the women
who had intimate relations with Mr. Stark
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880. should have avoided them.
I'm not going to blame the victim.
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881. But having decided,
for whatever reason,
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882. to enter a liaison
with Mr. Stark,
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883. those women deserve
the protection that they would have
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884. if Mr. Stark brought to bed
with him a knife or a razor or a gun.
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885. Mr. Stark brought to bed
with him something equally dangerous.
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886. If the law can't
protect those women, then we've all failed,
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887. and that's a failure that
I'm not willing to concede.
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888. All I want
is the chance to get before a jury.
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889. As Mr. McCoy said,
this case is a difficult one.
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890. Difficult, first of all,
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891. because it will affect
people's attitudes and behavior.
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892. Some consequences
we can predict.
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893. Others we can't.
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894. People may use
what we say here
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895. to support the
rankest kind of bias.
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896. They may use
what we say to excuse
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897. the most licentious
kind of conduct.
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898. It is difficult,
second of all,
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899. because
the issues before us couldn't be more serious,
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900. touching on the very
Constitutional principles
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901. that framed our country.
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902. However, this difficulty
does not absolve us from passing judgment.
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903. In fact,
because it is difficult,
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904. we must pass judgment
with prudence
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905. so that we neither follow
nor lead society.
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906. And though the case
is a complex one, our job is simple.
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907. To apply the law,
fairly and reasonably.
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908. Weighing the rights
of the individual versus the common good,
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909. we were obliged
to rule in a way
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910. that protects
the benefit of the many over the interest of the few.
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911. The People
have met their burden. The order below is set aside.
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912. Congratulations.
You got your reversal.
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913. I'll feel better when your
client's out of circulation for the rest of his life.
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914. I don't know how long
that's going to be.
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915. Mr. Stark was admitted
to the hospital last night with a temperature of 103.
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916. Pneumocystis
carinii pneumonia.
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917. What's your offer?
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918. Same as before.
Three-to-nine.
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919. We'll support any effort
to get him into Bedford.
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920. They have good
medical facilities there.
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921. All right.
You got a deal.
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922. I talked to Stark's parents.
Kenny's in bad shape.
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923. He's got a week,
maybe two.
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924. Lana Madison?
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925. So far, so good.
Leslie tested negative.
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926. You're really
keeping track.
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927. Yeah.
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928. On this one, yeah.
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