Close to Home (2005) s02e12 Episode Script
212 - Road Rage
WOMAN (over intercom): Dr.
Carel, surgery, please.
Ambu bag.
Bag, Dr.
Lewis.
Clear.
Clear.
You're here early.
Ha.
My buddy Chan Eli's been working malpractice case.
Chan thinks it's criminal.
Thought maybe we'd take a look.
What makes it criminal? Husband's convinced??? And Chan thinksthere's something to it? Just give me the headlines.
Juliette Tersey.
Went in for a minor surgical procedure.
Theze s a problem??? ??? Letter of reprimand for the anesthesiologist.
But her husband thinks it was deliberate? He's com??? PLEASE??? If you don't think it's worth pursuing, I'll tell Chan, that'll be the end of it.
You owe me.
I know.
Than ??? I know.
I'm not just some grieving husband with a paranoid theory.
Th g board said it was negligence, not murder.
I've been living with this for a year.
Can I tell you why I th kit was Please.
According to the chart, Dr.
Davis gave my wife five cc's of sufentanil.
It a syn etic opiate, common ??? And the autopsy found 11 cc's of opiates i her syst More than twice what there should have been.
A fatal ??? I do.
The board ruled it an inadvertent overdose.
I know.
Dr.
Davis neglected ??? and adjust the anesthesia accordingly.
Two things: Juliette wasn't on oxycodone or any other kind of opiate.
We know she had ??? a controlled substance.
According to her chart, she was taking 70 milligrams a day.
SHE have a BACK surgery three years ago.
Took a few, put the rest away.
Never even got a refill.
What's the second thing? Dr.
Davis didn't misread Juliette's chart.
She tampered with it after the fact.
This is her pre-op nt ew.
???n rwarded a copy to Juliette's dermatologist.
Vitamins, ax oil, ibuprofen.
If our wife ??? How'd it get on her chart? How else could Dr.
Davis have known YOUR ??? Controlled substance-- it's a matter of public record.
She looked it up.
All right, let's say Dr.
Davis altered ??? Mayb ??? It doesn't mean she murdered her.
Dr.
Davis was turned down for membership in our country club and blamed my wife.
That's your -wtive? she didn't ??? They had a nasty argument about it.
When was this? A month or so before the murder.
Why would she blame your wife? I doN'T KNOW exactly.
SomehoW Juliette was responsible.
Do I know why it was HoW important to her? No.
Do I know exactly how she did it? Doesn't matter.
Obviously, my colleague So agrees with you.
But you don't.
Absent the smoking gun You won't consider taking it on? Mr.
Tersey, Dr.
Davis has been reprimanded, u HAVE vil case,??? And they offered me a tentative settlement-- $2 million.
Maybe you should take it.
If you knew someone murdered your husband, < < CTH 212 The board investigates hundreds of cases in Indiana every year.
How often is there criminal liability? In the last two decades, inside of a criminal court.
In THIS CASE??? Dr.
DAVIS Dr.
Stilla, you were the sole dissenting opinion for stronger sanctions.
I have taken thousands of patient histories.
U ALWAYS ASK "WHAT medications are you taking?" You ask the patient over and over at every step, just so this sort of thing doesn't happen.
According to her cha??? Mrs.
Tersey was TAKING ??? ibuprofen and oxycodone, Patient almost always lists the strongest medications first.
So, vitamins, flax oil, ibuprofen AND OH YEAH a daily mega dose of a highly addictive narcotic taken for the last three years? The minute I saw that, I thought, somebody doctored this.
Just a hunch? If that's what you want t call it, yes.
-I ??? -No,respect that.
I have hunches in my line of work, too.
It's irrational, I know, and I can't prove it, but when I looked at her pre-op interview Which mentioned everything but the oxycodone.
I felt we should refer the case to your of ??? My colleagues furtheri thought otherwise.
Her husband brought it to us.
Good for him.
ANNABETH: It wasn't trivial to Dr.
Davis.
Membership into that club would have been ??? to her career.
In her field, social prestige and access translate into dollars and cents.
Okay, good argument.
What's your narrative of the crime? Rejection for membership.
She blames Tersey, gives her an overdose, Knowing Tersey's got a prescription for oxycodone.
Provides a medical explanation for the overdose.
Oxycodone's got the same chemical structure as the anesthesia.
THe coroner can't ??? SO ??? She cops to negligence, gets a slap on the wrist from the medical board.
Still got some holes to fill.
How'd she get the extra drugs? CONLON: Well, first, you have to prove she administered them, AND ??? If you can't do that, murder's a nonstarter.
So you go the other way, try foR negligence, might get criminal recklessness.
Criminal recklessness? Eight YEARS MAX EVEN ??? Without corroboration, this case belongs in civil court.
You heard the man.
We need corroboration.
I got a guy ??? Maybe you and Ed can swing by that country club? I'll take my clubs.
Think they'll let me play nine? I wouldn't get your hopes up.
DR.
??? Juliette was tryingas to calm her down.
She was completely off ??? rails.
Why didn't she get in? Well, the club likes a certain kind of individual.
Thank yoU And Dr.
Davis is divorced, and not particularly connected, socially.
She JUST ??? SHE'S ??? She's an anesthesiologist.
WHY ??? Juliette Tersey? Was she a blackballer or something No, it doesn't work that way.
We aren't Skull and Bones.
Majority carries the date WHAT WAS ??? on Dr.
Davis? Was Juliette one of the three in favor? I DON"T KNOW It's a secret ba ot.
I thought you said you weren't Skull and Bones.
WILLIAMS: Is there anything else you can tell us? JUst ??? Dr.
Davis was saying that she couldn't believe that Juliette had humiliated her yet again.
Again? So they had history together.
We're looking into it.
We also confirmed Juliette Tersey never got her oxycodone refilled.
We're certain she wasn't taking it when she died? Not unless she was buying it on the street.
And why would an upper-middle class professional woman do that when she has a legit prescription? She wasn't taking the oxycodone.
Davis definitely gave her the overdose.
All we have to do PROVE HOW Dr.
Davis is first-rate-- thorough, committed, careful, Not that day.
It happens, even to the best of us.
Dr.
Taylor ??? Mrs.
Tersey died of an overdose.
The anesthesia plus the oxycodone she was taking.
She didn't mention anything about oxycodone in the pre-op interview your office did with her.
Patients don't tell ??? According to your report, her pre-anesthesia vital signs were normal.
Wouldn't you have ??? if she was on something? NO NOT ??? She must have developed quite a tolerance over the years.
VEGA: The prescription was three years old, No evidence she was buying it on the street, under the counter, on the black market or anywhere else.
No evidence she ??? LooK ??? if Dr.
Davis did give Mrs.
Tersey something extra, couldn't she have just gotten it from the clinic's pharmacy? ONLY ??? With a controlled substance, the anesthesiologist must fill out a charge slip before every procedure.
No way to beat the system? After Mrs.
Tersey's death, we did a thorough ??? to the grand jury.
There was nothing unaccounted for-- nothing missing, nothing stolen, none.
Was there anything unusual about Dr.
Davis the day of the procedure? TAYLOR: Unusual? Her demeanor, her behavior.
Which may explain why she misread the chart.
Rushed? How? TAYLOR: She wasn't even scheduled do the ??? She was covering a shift for another employee who'd taken a personal day at the last minute.
TOTALLY??? peach mango soda.
That sounds terrible.
My girlfriend thinks that sugar's the root of all evil.
The white death.
Turkey on seven grain, fat-free mayo.
So, uh what's on your mind? Well, I just thought you'd like to know we're looking ??? case, Well, the medical ??? board already issued its findings.
We are seriously considering filing criminal charges.
Okay.
Well, since I'm back on the clock and I can make this a billable hour, I will tell you this.
We have five board-certified esthesiolo ??? will testify the DR.
DAVIS??? was a medical error, nothing more.
Doctors have a vested intere making every case ??? And prosecutors assume that any unexplained death is a homicide.
This one is exactly that.
Dr.
Davis blam Juliette Tersey when she didn't ??? Oh, come on, this is a minor the Beadisappointment for Dr.
Davis.
Certainly not a reason for her to off a patient.
Now, Juliette Tersey ?? her own oxycodone.
We can prove that's not true.
Dr.
Davis admits and regrets any part that she inadvertently played We disagree iwith the medical board.
We don't think it was deliberate.
Look,are you poking around to see if we a pen to a plea hrre because I will tell you, Dr.
Davis, will not plead to anything that will jeopardize her license or her livelihood.
Okay, then we won't offer her one.
So you're prepared to take this all the way then? You know me, Doug.
Yes, I do Sorry to show up unannounced again.
Mr.
Tersey.
Do you have some kind of secret password to get in here? Uh, I was just picking up some documents from Chan.
I promise I'll only stay for a second.
I, I was just I was gonna CALL U ??? We're moving forward.
Dr.
Davis is surrendering this afternoon.
She'll be arraigned in the morning.
Oh, my God.
WHOA I MEAN THAT"S GREAT It's a first step.
Finally! Well, it's still a long road, a lot can go wrong between now and a conviction.
But you're the one that got the car ??? So to speak-- mean no one else did so thank you.
My pleasure.
UH WE ??? and your wife may have known each other in the past.
Not that I know of.
Well, maybe if we ???? papers, records, computer.
Yeah, I'll see what I can find.
Okay.
It, well, um, I'll let you go back to work.
Thank u THX u THX U I'm lighting a candle.
Me, too.
Bye-bye.
Your Honor, this so-called murder happened during the course of a routine medical procedure.
This case should be returned to the world of civil litigation where it belongs.
JUDGE:??? I'm not dismissing any charges.
I'm not suggesting that you should, Your Honor.
I am merely asking that my client be released on her own recognizance.
TeLL ??? I'll do the next best thing.
Bail is set at $50,000 Your Honor, that's no impediment to flight at all Defendant has substantial She has no intention of going anywhere.
HER ?? Let me finish, counselors, $50,000 and Dr.
Davis surrenders her passport.
So I have a meeting with your boss this afternoon.
Thought you weren't interested in a plea.
Well, I'm not, I'm just, uh, hoping to make your office see the error of its ways.
CONLON: Witness heard your client SAY YOUR??? Well, I respectli your tenacity, Jim, but you just haven't done your research properly.
Now, here.
Juliette Tersey was helpin my client ??? not keeping her out.
Why haven't we seen these before? Just came to our attention.
And these good pepole decided to come forth to wage this vendetta against my client.
We're gonna wanna depose these people.
Well, you can depose them all you want.
They will testify under oath at they were contacted by Mrs.
Tursey and that she was actively lobbying her friends on the membership committee to support Dr.
Davis's application.
So you've just lost intent.
These e-mails contradict the prosecution's assertion that my client carried a grudge against Mrs.
Tersey, which is their basis for inte and a murder charge.
Counselor? MAUREEN: Your Honor, there is no evidence Dr.
Davis knew of these e-mails or Mrs.
Tersey's alleged efforts erehalf.
We will show she had intent to murder and that she did carry a grudge against Mrs.
Tersey.
Another club member heard Mrs.
Tersey and Dr.
Davis arguing about this very point.
Half a conversation overheard from a distance, Your Honor, this is a question of law.
There was no intent here WHich is a required element of the crime.
I'm inclined to agree.
Ms.
Scofield, I hear you straining to establish intent and I have to say I'm not looking forward to your office doing that in front of a jury.
Your Honor, I am confident Based on the facts laid down by the indictment, U HAVE ??? tated the intent for the offense.
Amend the indictment.
??? this one loose.
Annabeth.
Nickhi.
Hey.
I just left some boxes with your investigators, from my mother-in-law's attic.
Uh, Juliette's letters, school papers, uh, college thesis, stuff like that.
That's great.
Thanks.
If you find love letters from her old boyfriends I won't read the juicy parts.
I promise.
Uh, speaking of juicy, I was reading the Indiana Criminal Code last night There's a cure for insomnia.
The lesser charges, like manslaughter, don't seem to apply.
In Indiana, manslaughter means, the person acted in ??? And since Dr.
Davis had to have planned the overdose beforehand It would be murder.
And if she didn't it was negligence and not criminal, right? We might be able to make a case for criminal recklessness.
A C felony, eight years tops.
You have been reading the statutes.
The defense has found some evidence ??? WHICH ??? into the country club.
Well, that sounds like Juliette.
She never discussed this with you? No.
Why what difference does it make? If Dr.
Davis knew your wife was helping her, it undcuts our theory of her motive.
Try not to worry about it.
We'll deal with it.
I know.
I appreciate it.
Just have faith.
A hundred operations a week at the clinic, you'd think Dr.
Davis could have nipped some drugs in the process.
So, I tracked down an old buddy of mine with the DEA.
He put me in touch with the division that deals with drugstore cowboys.
Doctors who use, stuff like that.
They have an entire division for that? Scary thought.
I asked him all the ways he's seen medical professionals steal anesthesia.
They're pulling cases and getting back to me.
Good.
Have we found a connection between Juliette Tersey and Stephanie Davis yet? Maybe.
They went to the same high school for one year.
This is Stephanie Davis' yearbook.
Victim was Juliette Flemming back then.
And Dr.
Davis was Stephanie Kramer.
She was using her mom's maiden name.
That's how we missed it the first time.
That's where the similarities end.
Juliette Flemming, cheerleader, prom queen.
Voted best looking and best legs.
And our perp, mm, no superlatives.
But Stephanie Kramer was quite the academic overachiever.
Debate team, mathlete founder and president.
Philosopher's club, founder and president and only member.
Lots of titles, not much sign of life.
Anybody know what the hearts with the slash through it means? It's on Juliette's yearbook page.
Probably some kind of inside joke.
Only a handful of people signed Davis' yearbook.
"There are big ships "and small ships, but the best ship of all is friendship.
" Nice.
Signed "A.
K.
Your study buddy.
" WOMAN: Well, Steph and I weren't exactly the hot girls in the hallway.
We actually cared about studying.
Did you know Juliette Tersey? I mean, uh, Flemming, in high school? I knew of her but we weren't friends or anything.
She was one of the "Barbies.
" Pretty, popular, super entitled, it was like everything was a game for them.
What about Dr.
Davis? Oh, Steph wasn't in that crowd.
Did you know of any connection between Stephanie Davis and Juliette Tersey other than just passing in the hall? Well, there was a boy.
STeph was crazy for him.
They dated all through senior year and then suddenly he started going with Juliette.
And acting like, you know, he didn't know Stephanie from Adam.
Do you remember his name? Yeah, Jud Stern.
Brainy, sensitive type.
Came from a great family, million miles from Stephanie and her mom and their one bedroom rental above a package store.
We were together most of senior year.
Even talked about getting married, having kids.
Sounds serious.
As serious as 17 year olds can be.
Right before commencement, just before the prom actually, I broke up with her.
For Juliette Flemming.
Juliette was so vivacious, so pretty.
So popular.
I fell head over heels.
I broke up with Stephanie, I took Juliette to the prom instead.
That must have hurt.
I'm sure it did.
Did Stephanie go to the prom with someone else? Stayed home.
Ouch.
I was a jerk, but I got mine.
A few weeks later, Juliette dumped me.
What goes around comes around, right? Mm, high school.
Seems so tragic at the time.
And so trivial in retrospect.
You graduate, you go to college, you get married, you have kids, you go to the reunion, hardly recognize anyone.
You ever see Stephanie again, after high school? She called me regularly for a few years.
Couldn't let it go.
I finally asked her to stop.
Sounds a little obsessive.
That was what was so uncomfortable to me.
Even the last time I talked to her, like five years later, she was still bitter.
I mean, get over it.
Get a life, you know.
Juliette stole this guy from Dr.
Davis? I didn't even know they'd gone to the same high school.
Why is this all significant? Mr.
Stern's statement give us intent.
A high school grudge? A long standing animosity between your wife and Dr.
Davis.
Which exploded when she was rejected from your country club.
Sorry, um, I'm having a hard time getting my head around this.
Stephanie Davis killed my wife because she might have been mean to her in high school? Well Uh, Gabby, Um, this is Mrs.
Chase, she's from the plsecuting attorney's office.
Hi.
Hi, Gabby.
How are you? Um, at the trial, are you gonna have to like tell everyone how my mom was in high school? We might have to.
It's not like she was always like that.
You know, just because someone's mean once in their life doesn't mean they're like that forever.
Gabby Can you give us a few minutes? It was nice meeting you.
You, too.
This is so hard on her.
I can imagine.
I know you can.
Um I read about what happened to your husband.
And I'm sorry.
Then you know I understand what you and Gabby are going through.
People mean well.
"It's been a year.
You should be getting over it.
" Moving on with your life.
Dating.
A year's not that long.
No.
It really isn't.
Have you done any of that? Moving on? Dating? Uh well I mean, with work and Haley, who has time? It's hard.
Sometimes.
You know? Yeah, I I do.
Killing over a high school boyfriend is even crazier than killing over not getting into a country club.
No kidding.
High school boyfriend? You get over that.
My junior year, Sean Brophy broke up with me because he said I was too bossy.
Imagine that.
I thought my life was over, now I can't even remember what he looked like.
Is it just girls, or do guys do this, too? Well, I don't know about high school but, well, there was this guy in law school, we got into it over a girl.
Never did bury that hatchet.
All the anesthesiologists in Indianapolis, and Mrs.
Tersey winds up with the one who wants her dead.
Do we know how Dr.
Davis managed that? Ed spoke to the other anesthesiologists scheduled to do the procedure.
She and Dr.
Davis switched shifts after she wonsome sort of contest.
We did run a promotional contest.
A thank you to all our customers for our first year of operation.
Which has been awesome.
We picked a name out of a hat.
Spa day of your choice.
Who was the winner? Uh Darrell Lindstrom.
A guy? Our warm-stone massage is very popular with men.
We understood Dr.
Gwendolyn Donner was the winner.
Uh-huh.
Dr.
Donner.
I have her.
Oh! There's a note on her file.
It says a friend of hers asked us to play along and tell her she'd won the contest.
Ha! Maybe like a prank between friends? Friend? Paid for the gift certificate in cash, so no name.
Could this have been the friend? Sorry.
We see so many faces they all kind of blur together.
The day Dr.
Donner came in October 3? That was the day your winner came in.
Mr.
Lindstrom? No.
He came in a month later.
The gift certificate was good for three months.
They all are.
Here.
Here's Dr.
Donner's.
Except this one.
Huh.
One day only.
October 3.
I don't know what to tell you about that one.
Counselor, please.
Tell me why I shouldn't dismiss the murder charge.
Your Honor, we've amended the indictment to allege additional facts.
The victim stole the defendant's boyfriend in high school.
The emotional fallout from that experience lasted for years.
Dr.
Davis had the requisite intent for murder.
This assertion is a gigantic leap even given the prosecution's liberal standards.
Dr.
Davis committed a medical error.
This case does not belong in a criminal court.
This isn't just about a high school grudge.
It's about how that grudge finally led to an act of revenge.
We have evidence that Dr.
Davis planned this murder for weeks by arranging for her coworker to be out of the office.
This gift certificate was paid for in cash, and then tampered with so it was only good for one day-- the day of Juliette Tersey's operation.
The high school animosity lends itself to motive, and the forged gift certificate proves premeditation, and therefore intent.
This is a baseless accusation, Your Honor.
The prosecution has absolutely no evidence linking my client to that document.
We intend to do just that.
Link your client to that document.
Enough, counselors.
You're arguing facts, not law.
You've convinced me, Ms.
Scofield.
You have intent.
THIS CASE IS GOING TO JULY And after the membership committee voted? We went to the bar and blabbed to everyone who got in.
Were Stephanie Davis and Juliette Tersey at the bar? Dr.
Davis was.
How would you describe her mood? Well, she was upset, obviously.
Did you talk to her? No.
She left abruptly.
Did you see her after that? Later, down by the tennis courts.
What was she doing? Arguing with Juliette Tersey.
Did you hear any of that argument? Just a smidge.
Dr.
Davis said, "I can't believe you're humiliating me again.
" Objection, Your Honor.
Hearsay.
Move to strike.
It falls under the hearsay exception, Your Honor.
Statement against interest.
Overruled.
You said Dr.
Davis seemed upset the day she learned her membership had been rejected.
Quiteunhinged.
Objection.
Your Honor.
Please confine your remarks to the facts, not opinions, Mrs.
Rogers.
Yes, Your Honor.
Upset? Disappointed? Yes.
But surely that must have eased after a few days.
On the contrary.
She wrote letters, and called the committee members at home asking why.
If anything, it made the situation worse.
No one does that.
Nothing further, Your Honor.
HELLMAN: I'm curious.
Why would Dr.
Davis blame Juliette Tersey? I don't know, really.
Was Mrs.
Tersey on the membership committee? No.
Did she have any unusual influence over the committee? Apparently not.
Dr.
Davis only got three votes.
And 18 against.
So why would Dr.
Davis blame one person in particular? I don't know.
Neither do I.
But didn't Mrs.
Tersey lobby in favor of Dr.
Davis' admission? That's what people said.
But we have affidavits from committee members saying she did just that.
Then she must have.
So, to your knowledge, did Juliette Tersey do anything at all to prevent Dr.
Davis from getting into the Beach Ridge Country Club? No.
Not to my knowledge.
Thank you.
We find anything? I found one interesting thing in the D.
A.
cases.
They put away an anesthetic nurse at a big hospital who was skimming anesthesia off the top of every patient, and substituting it with saline solution.
Maintain a healthy drug business on the side while wreaking havoc with the surgical patients.
So what are we looking for? For the quantity we're looking at, documentation of a patient not going under, or worse, waking up during surgery.
Waking up during surgery? These are not nice people.
Can we look at Dr.
Davis' files? Doing it as we speak.
Give me some.
Our last witness is up next.
WOMAN: Juliette and I were best friends since fifth grade.
Part of the popular girls.
Thought we ruled the school.
And, after Juliette took Judd Stern away from Stephanie Davis, how long were they together? They were never really going out.
What do you mean by that? Judd thought they were, but they weren't.
Juliette was just playing him.
Playing him? Like a game? Yeah.
A game.
It was just this stupid thing we did.
We tried to break people up, you know? To see if we could do it.
The point of which was what exactly? What cool girls we were.
How attractive we thought we were.
How we thought we could get anything and anyone we wanted.
Did anyone outside of the circle of popular girls know about this game? It was supposed to be a secret, but Did Stephanie Davis know? She found out eventually.
We listed the tallies in the yearbook page.
You know, the people we broke up.
You kept score? Yes.
Can you read from Juliette Fleming's senior yearbook page? The heart with the line drawn through it diagonally.
"SK plus JS.
" Stephanie Kramer.
Dr.
Davis' maiden name.
And did Dr.
Davis know what this meant? After the yearbooks came out, she saw it and asked, so I told her.
Malpractice claims involving anesthesiologists are common.
Virtually every surgery requires anesthesia, and it can be the most dangerous part of the operation.
There are inaccurate dosages, IV positioning injuries, improper intubation placement.
So you've studied Juliette Tersey's case file then? In my opinion, the conclusion of the medical licensing board was correct-- Dr.
Davis was negligent.
And Dr.
Davis was reprimanded.
Yes.
And I agree with that decision.
It was the appropriate step to take.
What about the overdose? Again, I agree with the board.
In my opinion, it was accidental.
Thank you, Doctor.
Nothing more.
Your Honor, the people have no questions for this witness.
Dr.
Harrison, you're excused.
Your Honor, we see Mr.
Hellmann has a number of expert witnesses scheduled to testify.
Four more, Your Honor.
All board-certified anesthesiologists.
Guaranteed to put us all to sleep, I'm sure.
In order to spare this court and the jury the tedium of redundant testimony, the People will stipulate to the rest of Mr.
Hellman's expert witnesses.
It's fine by me, sir.
So ordered.
The sworn statements will be entered into the record, and court is adjourned for today.
Hellman kicked our butts with his expert witnesses.
Most I could do was damage control by stipulating.
At least the jury didn't hear it all directly.
I've been talking to my guy at the D.
A.
Turns out a dose of anesthesia can be off a CC, and it won't affect the operation.
Any more, and the patient wakes up during the procedure, right? And we haven't found any evidence of that with Dr.
Davis' patients.
But here's the thing.
If it is off a CC, patient gets through surgery fine, but wakes up with severe, acute, really bad, more-than-normal post-op pain.
There wasn't anything about acute post-op pain in the file.
Those ended at the surgery.
We never subpoenaed the post-op files.
The subpoena was researching for stolen drugs.
And the post-op files were outside of those parameters.
You're thinking she might have given some of her patients less anesthetic than she should have.
My DEA guy said this would be a pretty smart way for Davis to go.
Untraceable, almost impossible to prove.
If she skimmed a cc a piece from a half a dozen of her patients and stockpiled enough sufentanil to kill Juliette Tersey We'll need to get another warrant.
You get it, we'll go back to the clinic.
Prosecution rested.
If you find anything, we'll need to petition the judge to reopen the case.
See if we find anything first.
Friday night.
I've got dinner plans.
You're welcome to leave anytime.
We'll just make ourselves comfortable.
What exactly are you looking for? Patients of Dr.
Davis who got sufentanil during their procedures and then experienced post-op pain.
Some patients experience pain when they come to.
It's not unusual.
Here's one.
Female patient got a mini face lift, complained about pain in recovery, recovery nurse gave her additional meds.
Here's another.
Breast implant surgery, complained of pain in post-ops, also one of Davis's patients.
Two in two weeks, both Davis's patients.
TAYLOR: Like I said, it happens.
A lot apparently.
Sufentanil for surgery, also post-op pain.
This one also got additional meds in post-op.
I don't understand.
Make that six patients in one month, all Dr.
Davis's patients.
Oh, my God.
Six cc's.
THAT"S ??? in the death of Juliette Tersey.
The prosecution rested its case on Friday, counselor.
MAUREEN: Your Honor, we found medical records that suggest the defendant was stockpiling sufentanil.
We can prove she did so in order to kill Juliette Tersey.
HELLMAN: Your Honor, this evidence is highly prejudicial to my client.
Now, it should have been turned over to us during discovery.
Why wasn't this evidence made available to Mr.
Hellman before trial? The court limited the original subpoena because of doctor-patient privilege.
We didn't access to Mrs.
Davis' post-op records until now.
So you lost an evidentiary motion.
It doesn't give you the right to sandbag a defendant on the eve of a jury verdict.
This could determine the entire outcome.
If we would have known of this evidence, we would have employed an entirely different strategy.
I agree with Mr.
Hellman.
Allowing these records would pave the way for an appeal.
This evidence was foreseeable.
People should've asked for a broader subpoena.
I'm ruling in favor of the defense.
Motion denied.
I went to high school with Juliette, so when I was a guest at the country club we struck up a casual acquaintanceship again.
And when you applied for membership at the country club? She offered to help.
And when that membership fell through, did you harbor any animosity towards her? On the contrary.
I was grateful.
And when you failed to read her chart properly, or adjust the dosage of sufentanil? I had no intention of harming Juliette.
It was a terrible mistake.
I wish with all my heart I could do it over, have that moment back.
Thank you.
Your witness.
Are you often distracted during an operation, Dr.
Davis? Every once in a while.
How long have you been an anesthesiologist? Eight years.
Ever been sued for malpractice? No.
How frequently do you administer sufentanil to your patients? In an average week, I do 20-30 surgeries.
I use sufentanil about half of them.
So is it fair to say that for the past eight years, ten to 15 times a week you've administered the drug sufentanil without incident? Yes.
And the one and only time you've given a lethal dosage to a patient it was to Juliette Tersey.
Yes.
The woman who scorned you in high school, the woman who made you feel rejected all over again at her country club, the woman who let you down after setting you up.
Your Honor, perhaps Ms.
Chase could let the witness testify.
I'd be more than happy to let her answer the question,Your Honor.
Which question was that? Perhaps counsel can refresh our memory.
Was that just a coincidence, Dr.
Davis? I'm sorry? How is it that you happened to make your one and only lethal error on a patient with whom you had a history of antagonism and humiliation? I never bore her any ill will.
Juliette trusted me with her life.
I'm the one who let her down.
You're not the victim here, Dr.
Davis.
Your Honor.
No further questions.
JUDGE: Redirect? The defense rests, Your Honor.
Your Honor, we'd like to call Dr.
Jennifer Taylor to the stand as a rebuttal witness to Stephanie Davis' testimony.
Sidebar, Your Honor.
Chambers.
The court will take a 15-minute recess.
She's retrying the motion, Your Honor.
It's an obvious ploy by the prosecution to reopen the case.
The defendant opened the door, Your Honor.
She said she was distracted every once in a while.
We would like to rebut her testimony.
The plastic surgeon she worked with, Dr.
Taylor, will testify that in her experience, she never saw Davis distracted.
Well, the defense is happy to stipulate to Dr.
Taylor's recollection.
With all due respect, Your Honor, since the defendant testified to it, her first-person account will carry far more weight than any instructions from the bench.
It is the state's right to rebut testimony.
Whether she was distracted goes to the heart of the matter.
The right to rebut testimony is black-letter law.
Cuts both ways, counselor.
Based on your observations of Dr.
Davis' work, have you ever seen her make a similar mistake? No.
How often do you have patients come out of surgery with more than usual pain? No more than one a month on average.
Have you ever had six patients in one month experience post-op distress? No.
Dr.
Davis did.
Yes, according to their charts, in the month before she assisted me in the operation that led to Juliette Tersey's death, these six particular patients of Dr.
Davis had acute, more than normal, post-operative pain.
And what conclusion would you draw from that? Objection.
I'll allow it.
Doctor? That they were under medicated at the time of their surgery.
What drug did Dr.
Davis use as her anesthetic in those six operations? Sufentanil.
Could she have withheld one cc sufentanil per patient, per surgery and stockpiled it for future use? Objection.
Speculative.
I'll allow it.
Doctor? Difficult.
But not impossible.
Not at all.
In the case of The State of Indiana v.
Dr.
Stephanie Davis on the count of murder, the jury finds the defendant guilty.
Sentencing will take place two weeks from today.
The defendant is remanded.
"Your Honor "thank you for allowing me a chance to address the court "on behalf of my mother Juliette Tersey.
" When I was nine years old, I told this girl, Eleanor Steinman, that she wasn't allowed to eat with us at lunch.
My mom found out and she made me invite her over every single Friday just so that we could become friends.
If I ever had a birthday party, I had to invite the whole entire class so that no one would feel left out.
My mom told me that that she was way too popular and that she was way too spoiled when she was in high school.
That she didn't want me to be the same way.
My mom, she must've felt bad about what she did to Dr.
Davis.
I think she also felt that Dr.
Davis would've forgiven her.
My dad told me that in order to get a conviction Ms.
Chase would have to tell the court about how my mom had been back then.
I just I just thought you should know how she had been to me.
You are a very brave girl.
Well, she gets it from her mother.
Well, thank you for everything.
You have no idea how much you've done for us.
That was a nice thing for him to say, don't you think? I don't think he was talking to me.
CONLON: It's funny how selective our memories can be.
I couldn't name half my law school friends, but I remember vividly anyone who's ever crossed me.
Including grudge boy? Especially grudge boy.
You guys got me thinking about him.
Maybe it's time I called him up and apologized for what I did.
What you did? We were once chasing the same girl.
Do tell.
Well, he had a big paper due, and he beat me to the punch, he asked her out.
Now, I had a terrible crush on this girl.
So I deleted his paper from the computer.
(chuckling): No, you didn't.
I did.
So he spent the evening rewriting the paper and I went out with the girl.
So what happened to her? It didn't work out.
We were together for a while, but, you know, in the end Maybe it was karma.
I'd like to talk to this woman, ask her a few things.
That's unlikely to ever happen.
Are you scared she'll tell me some good stories about Jimmy Conlon? No, it's just that she doesn't live here.
She's back in New York raising our daughter.
Carel, surgery, please.
Ambu bag.
Bag, Dr.
Lewis.
Clear.
Clear.
You're here early.
Ha.
My buddy Chan Eli's been working malpractice case.
Chan thinks it's criminal.
Thought maybe we'd take a look.
What makes it criminal? Husband's convinced??? And Chan thinksthere's something to it? Just give me the headlines.
Juliette Tersey.
Went in for a minor surgical procedure.
Theze s a problem??? ??? Letter of reprimand for the anesthesiologist.
But her husband thinks it was deliberate? He's com??? PLEASE??? If you don't think it's worth pursuing, I'll tell Chan, that'll be the end of it.
You owe me.
I know.
Than ??? I know.
I'm not just some grieving husband with a paranoid theory.
Th g board said it was negligence, not murder.
I've been living with this for a year.
Can I tell you why I th kit was Please.
According to the chart, Dr.
Davis gave my wife five cc's of sufentanil.
It a syn etic opiate, common ??? And the autopsy found 11 cc's of opiates i her syst More than twice what there should have been.
A fatal ??? I do.
The board ruled it an inadvertent overdose.
I know.
Dr.
Davis neglected ??? and adjust the anesthesia accordingly.
Two things: Juliette wasn't on oxycodone or any other kind of opiate.
We know she had ??? a controlled substance.
According to her chart, she was taking 70 milligrams a day.
SHE have a BACK surgery three years ago.
Took a few, put the rest away.
Never even got a refill.
What's the second thing? Dr.
Davis didn't misread Juliette's chart.
She tampered with it after the fact.
This is her pre-op nt ew.
???n rwarded a copy to Juliette's dermatologist.
Vitamins, ax oil, ibuprofen.
If our wife ??? How'd it get on her chart? How else could Dr.
Davis have known YOUR ??? Controlled substance-- it's a matter of public record.
She looked it up.
All right, let's say Dr.
Davis altered ??? Mayb ??? It doesn't mean she murdered her.
Dr.
Davis was turned down for membership in our country club and blamed my wife.
That's your -wtive? she didn't ??? They had a nasty argument about it.
When was this? A month or so before the murder.
Why would she blame your wife? I doN'T KNOW exactly.
SomehoW Juliette was responsible.
Do I know why it was HoW important to her? No.
Do I know exactly how she did it? Doesn't matter.
Obviously, my colleague So agrees with you.
But you don't.
Absent the smoking gun You won't consider taking it on? Mr.
Tersey, Dr.
Davis has been reprimanded, u HAVE vil case,??? And they offered me a tentative settlement-- $2 million.
Maybe you should take it.
If you knew someone murdered your husband, < < CTH 212 The board investigates hundreds of cases in Indiana every year.
How often is there criminal liability? In the last two decades, inside of a criminal court.
In THIS CASE??? Dr.
DAVIS Dr.
Stilla, you were the sole dissenting opinion for stronger sanctions.
I have taken thousands of patient histories.
U ALWAYS ASK "WHAT medications are you taking?" You ask the patient over and over at every step, just so this sort of thing doesn't happen.
According to her cha??? Mrs.
Tersey was TAKING ??? ibuprofen and oxycodone, Patient almost always lists the strongest medications first.
So, vitamins, flax oil, ibuprofen AND OH YEAH a daily mega dose of a highly addictive narcotic taken for the last three years? The minute I saw that, I thought, somebody doctored this.
Just a hunch? If that's what you want t call it, yes.
-I ??? -No,respect that.
I have hunches in my line of work, too.
It's irrational, I know, and I can't prove it, but when I looked at her pre-op interview Which mentioned everything but the oxycodone.
I felt we should refer the case to your of ??? My colleagues furtheri thought otherwise.
Her husband brought it to us.
Good for him.
ANNABETH: It wasn't trivial to Dr.
Davis.
Membership into that club would have been ??? to her career.
In her field, social prestige and access translate into dollars and cents.
Okay, good argument.
What's your narrative of the crime? Rejection for membership.
She blames Tersey, gives her an overdose, Knowing Tersey's got a prescription for oxycodone.
Provides a medical explanation for the overdose.
Oxycodone's got the same chemical structure as the anesthesia.
THe coroner can't ??? SO ??? She cops to negligence, gets a slap on the wrist from the medical board.
Still got some holes to fill.
How'd she get the extra drugs? CONLON: Well, first, you have to prove she administered them, AND ??? If you can't do that, murder's a nonstarter.
So you go the other way, try foR negligence, might get criminal recklessness.
Criminal recklessness? Eight YEARS MAX EVEN ??? Without corroboration, this case belongs in civil court.
You heard the man.
We need corroboration.
I got a guy ??? Maybe you and Ed can swing by that country club? I'll take my clubs.
Think they'll let me play nine? I wouldn't get your hopes up.
DR.
??? Juliette was tryingas to calm her down.
She was completely off ??? rails.
Why didn't she get in? Well, the club likes a certain kind of individual.
Thank yoU And Dr.
Davis is divorced, and not particularly connected, socially.
She JUST ??? SHE'S ??? She's an anesthesiologist.
WHY ??? Juliette Tersey? Was she a blackballer or something No, it doesn't work that way.
We aren't Skull and Bones.
Majority carries the date WHAT WAS ??? on Dr.
Davis? Was Juliette one of the three in favor? I DON"T KNOW It's a secret ba ot.
I thought you said you weren't Skull and Bones.
WILLIAMS: Is there anything else you can tell us? JUst ??? Dr.
Davis was saying that she couldn't believe that Juliette had humiliated her yet again.
Again? So they had history together.
We're looking into it.
We also confirmed Juliette Tersey never got her oxycodone refilled.
We're certain she wasn't taking it when she died? Not unless she was buying it on the street.
And why would an upper-middle class professional woman do that when she has a legit prescription? She wasn't taking the oxycodone.
Davis definitely gave her the overdose.
All we have to do PROVE HOW Dr.
Davis is first-rate-- thorough, committed, careful, Not that day.
It happens, even to the best of us.
Dr.
Taylor ??? Mrs.
Tersey died of an overdose.
The anesthesia plus the oxycodone she was taking.
She didn't mention anything about oxycodone in the pre-op interview your office did with her.
Patients don't tell ??? According to your report, her pre-anesthesia vital signs were normal.
Wouldn't you have ??? if she was on something? NO NOT ??? She must have developed quite a tolerance over the years.
VEGA: The prescription was three years old, No evidence she was buying it on the street, under the counter, on the black market or anywhere else.
No evidence she ??? LooK ??? if Dr.
Davis did give Mrs.
Tersey something extra, couldn't she have just gotten it from the clinic's pharmacy? ONLY ??? With a controlled substance, the anesthesiologist must fill out a charge slip before every procedure.
No way to beat the system? After Mrs.
Tersey's death, we did a thorough ??? to the grand jury.
There was nothing unaccounted for-- nothing missing, nothing stolen, none.
Was there anything unusual about Dr.
Davis the day of the procedure? TAYLOR: Unusual? Her demeanor, her behavior.
Which may explain why she misread the chart.
Rushed? How? TAYLOR: She wasn't even scheduled do the ??? She was covering a shift for another employee who'd taken a personal day at the last minute.
TOTALLY??? peach mango soda.
That sounds terrible.
My girlfriend thinks that sugar's the root of all evil.
The white death.
Turkey on seven grain, fat-free mayo.
So, uh what's on your mind? Well, I just thought you'd like to know we're looking ??? case, Well, the medical ??? board already issued its findings.
We are seriously considering filing criminal charges.
Okay.
Well, since I'm back on the clock and I can make this a billable hour, I will tell you this.
We have five board-certified esthesiolo ??? will testify the DR.
DAVIS??? was a medical error, nothing more.
Doctors have a vested intere making every case ??? And prosecutors assume that any unexplained death is a homicide.
This one is exactly that.
Dr.
Davis blam Juliette Tersey when she didn't ??? Oh, come on, this is a minor the Beadisappointment for Dr.
Davis.
Certainly not a reason for her to off a patient.
Now, Juliette Tersey ?? her own oxycodone.
We can prove that's not true.
Dr.
Davis admits and regrets any part that she inadvertently played We disagree iwith the medical board.
We don't think it was deliberate.
Look,are you poking around to see if we a pen to a plea hrre because I will tell you, Dr.
Davis, will not plead to anything that will jeopardize her license or her livelihood.
Okay, then we won't offer her one.
So you're prepared to take this all the way then? You know me, Doug.
Yes, I do Sorry to show up unannounced again.
Mr.
Tersey.
Do you have some kind of secret password to get in here? Uh, I was just picking up some documents from Chan.
I promise I'll only stay for a second.
I, I was just I was gonna CALL U ??? We're moving forward.
Dr.
Davis is surrendering this afternoon.
She'll be arraigned in the morning.
Oh, my God.
WHOA I MEAN THAT"S GREAT It's a first step.
Finally! Well, it's still a long road, a lot can go wrong between now and a conviction.
But you're the one that got the car ??? So to speak-- mean no one else did so thank you.
My pleasure.
UH WE ??? and your wife may have known each other in the past.
Not that I know of.
Well, maybe if we ???? papers, records, computer.
Yeah, I'll see what I can find.
Okay.
It, well, um, I'll let you go back to work.
Thank u THX u THX U I'm lighting a candle.
Me, too.
Bye-bye.
Your Honor, this so-called murder happened during the course of a routine medical procedure.
This case should be returned to the world of civil litigation where it belongs.
JUDGE:??? I'm not dismissing any charges.
I'm not suggesting that you should, Your Honor.
I am merely asking that my client be released on her own recognizance.
TeLL ??? I'll do the next best thing.
Bail is set at $50,000 Your Honor, that's no impediment to flight at all Defendant has substantial She has no intention of going anywhere.
HER ?? Let me finish, counselors, $50,000 and Dr.
Davis surrenders her passport.
So I have a meeting with your boss this afternoon.
Thought you weren't interested in a plea.
Well, I'm not, I'm just, uh, hoping to make your office see the error of its ways.
CONLON: Witness heard your client SAY YOUR??? Well, I respectli your tenacity, Jim, but you just haven't done your research properly.
Now, here.
Juliette Tersey was helpin my client ??? not keeping her out.
Why haven't we seen these before? Just came to our attention.
And these good pepole decided to come forth to wage this vendetta against my client.
We're gonna wanna depose these people.
Well, you can depose them all you want.
They will testify under oath at they were contacted by Mrs.
Tursey and that she was actively lobbying her friends on the membership committee to support Dr.
Davis's application.
So you've just lost intent.
These e-mails contradict the prosecution's assertion that my client carried a grudge against Mrs.
Tersey, which is their basis for inte and a murder charge.
Counselor? MAUREEN: Your Honor, there is no evidence Dr.
Davis knew of these e-mails or Mrs.
Tersey's alleged efforts erehalf.
We will show she had intent to murder and that she did carry a grudge against Mrs.
Tersey.
Another club member heard Mrs.
Tersey and Dr.
Davis arguing about this very point.
Half a conversation overheard from a distance, Your Honor, this is a question of law.
There was no intent here WHich is a required element of the crime.
I'm inclined to agree.
Ms.
Scofield, I hear you straining to establish intent and I have to say I'm not looking forward to your office doing that in front of a jury.
Your Honor, I am confident Based on the facts laid down by the indictment, U HAVE ??? tated the intent for the offense.
Amend the indictment.
??? this one loose.
Annabeth.
Nickhi.
Hey.
I just left some boxes with your investigators, from my mother-in-law's attic.
Uh, Juliette's letters, school papers, uh, college thesis, stuff like that.
That's great.
Thanks.
If you find love letters from her old boyfriends I won't read the juicy parts.
I promise.
Uh, speaking of juicy, I was reading the Indiana Criminal Code last night There's a cure for insomnia.
The lesser charges, like manslaughter, don't seem to apply.
In Indiana, manslaughter means, the person acted in ??? And since Dr.
Davis had to have planned the overdose beforehand It would be murder.
And if she didn't it was negligence and not criminal, right? We might be able to make a case for criminal recklessness.
A C felony, eight years tops.
You have been reading the statutes.
The defense has found some evidence ??? WHICH ??? into the country club.
Well, that sounds like Juliette.
She never discussed this with you? No.
Why what difference does it make? If Dr.
Davis knew your wife was helping her, it undcuts our theory of her motive.
Try not to worry about it.
We'll deal with it.
I know.
I appreciate it.
Just have faith.
A hundred operations a week at the clinic, you'd think Dr.
Davis could have nipped some drugs in the process.
So, I tracked down an old buddy of mine with the DEA.
He put me in touch with the division that deals with drugstore cowboys.
Doctors who use, stuff like that.
They have an entire division for that? Scary thought.
I asked him all the ways he's seen medical professionals steal anesthesia.
They're pulling cases and getting back to me.
Good.
Have we found a connection between Juliette Tersey and Stephanie Davis yet? Maybe.
They went to the same high school for one year.
This is Stephanie Davis' yearbook.
Victim was Juliette Flemming back then.
And Dr.
Davis was Stephanie Kramer.
She was using her mom's maiden name.
That's how we missed it the first time.
That's where the similarities end.
Juliette Flemming, cheerleader, prom queen.
Voted best looking and best legs.
And our perp, mm, no superlatives.
But Stephanie Kramer was quite the academic overachiever.
Debate team, mathlete founder and president.
Philosopher's club, founder and president and only member.
Lots of titles, not much sign of life.
Anybody know what the hearts with the slash through it means? It's on Juliette's yearbook page.
Probably some kind of inside joke.
Only a handful of people signed Davis' yearbook.
"There are big ships "and small ships, but the best ship of all is friendship.
" Nice.
Signed "A.
K.
Your study buddy.
" WOMAN: Well, Steph and I weren't exactly the hot girls in the hallway.
We actually cared about studying.
Did you know Juliette Tersey? I mean, uh, Flemming, in high school? I knew of her but we weren't friends or anything.
She was one of the "Barbies.
" Pretty, popular, super entitled, it was like everything was a game for them.
What about Dr.
Davis? Oh, Steph wasn't in that crowd.
Did you know of any connection between Stephanie Davis and Juliette Tersey other than just passing in the hall? Well, there was a boy.
STeph was crazy for him.
They dated all through senior year and then suddenly he started going with Juliette.
And acting like, you know, he didn't know Stephanie from Adam.
Do you remember his name? Yeah, Jud Stern.
Brainy, sensitive type.
Came from a great family, million miles from Stephanie and her mom and their one bedroom rental above a package store.
We were together most of senior year.
Even talked about getting married, having kids.
Sounds serious.
As serious as 17 year olds can be.
Right before commencement, just before the prom actually, I broke up with her.
For Juliette Flemming.
Juliette was so vivacious, so pretty.
So popular.
I fell head over heels.
I broke up with Stephanie, I took Juliette to the prom instead.
That must have hurt.
I'm sure it did.
Did Stephanie go to the prom with someone else? Stayed home.
Ouch.
I was a jerk, but I got mine.
A few weeks later, Juliette dumped me.
What goes around comes around, right? Mm, high school.
Seems so tragic at the time.
And so trivial in retrospect.
You graduate, you go to college, you get married, you have kids, you go to the reunion, hardly recognize anyone.
You ever see Stephanie again, after high school? She called me regularly for a few years.
Couldn't let it go.
I finally asked her to stop.
Sounds a little obsessive.
That was what was so uncomfortable to me.
Even the last time I talked to her, like five years later, she was still bitter.
I mean, get over it.
Get a life, you know.
Juliette stole this guy from Dr.
Davis? I didn't even know they'd gone to the same high school.
Why is this all significant? Mr.
Stern's statement give us intent.
A high school grudge? A long standing animosity between your wife and Dr.
Davis.
Which exploded when she was rejected from your country club.
Sorry, um, I'm having a hard time getting my head around this.
Stephanie Davis killed my wife because she might have been mean to her in high school? Well Uh, Gabby, Um, this is Mrs.
Chase, she's from the plsecuting attorney's office.
Hi.
Hi, Gabby.
How are you? Um, at the trial, are you gonna have to like tell everyone how my mom was in high school? We might have to.
It's not like she was always like that.
You know, just because someone's mean once in their life doesn't mean they're like that forever.
Gabby Can you give us a few minutes? It was nice meeting you.
You, too.
This is so hard on her.
I can imagine.
I know you can.
Um I read about what happened to your husband.
And I'm sorry.
Then you know I understand what you and Gabby are going through.
People mean well.
"It's been a year.
You should be getting over it.
" Moving on with your life.
Dating.
A year's not that long.
No.
It really isn't.
Have you done any of that? Moving on? Dating? Uh well I mean, with work and Haley, who has time? It's hard.
Sometimes.
You know? Yeah, I I do.
Killing over a high school boyfriend is even crazier than killing over not getting into a country club.
No kidding.
High school boyfriend? You get over that.
My junior year, Sean Brophy broke up with me because he said I was too bossy.
Imagine that.
I thought my life was over, now I can't even remember what he looked like.
Is it just girls, or do guys do this, too? Well, I don't know about high school but, well, there was this guy in law school, we got into it over a girl.
Never did bury that hatchet.
All the anesthesiologists in Indianapolis, and Mrs.
Tersey winds up with the one who wants her dead.
Do we know how Dr.
Davis managed that? Ed spoke to the other anesthesiologists scheduled to do the procedure.
She and Dr.
Davis switched shifts after she wonsome sort of contest.
We did run a promotional contest.
A thank you to all our customers for our first year of operation.
Which has been awesome.
We picked a name out of a hat.
Spa day of your choice.
Who was the winner? Uh Darrell Lindstrom.
A guy? Our warm-stone massage is very popular with men.
We understood Dr.
Gwendolyn Donner was the winner.
Uh-huh.
Dr.
Donner.
I have her.
Oh! There's a note on her file.
It says a friend of hers asked us to play along and tell her she'd won the contest.
Ha! Maybe like a prank between friends? Friend? Paid for the gift certificate in cash, so no name.
Could this have been the friend? Sorry.
We see so many faces they all kind of blur together.
The day Dr.
Donner came in October 3? That was the day your winner came in.
Mr.
Lindstrom? No.
He came in a month later.
The gift certificate was good for three months.
They all are.
Here.
Here's Dr.
Donner's.
Except this one.
Huh.
One day only.
October 3.
I don't know what to tell you about that one.
Counselor, please.
Tell me why I shouldn't dismiss the murder charge.
Your Honor, we've amended the indictment to allege additional facts.
The victim stole the defendant's boyfriend in high school.
The emotional fallout from that experience lasted for years.
Dr.
Davis had the requisite intent for murder.
This assertion is a gigantic leap even given the prosecution's liberal standards.
Dr.
Davis committed a medical error.
This case does not belong in a criminal court.
This isn't just about a high school grudge.
It's about how that grudge finally led to an act of revenge.
We have evidence that Dr.
Davis planned this murder for weeks by arranging for her coworker to be out of the office.
This gift certificate was paid for in cash, and then tampered with so it was only good for one day-- the day of Juliette Tersey's operation.
The high school animosity lends itself to motive, and the forged gift certificate proves premeditation, and therefore intent.
This is a baseless accusation, Your Honor.
The prosecution has absolutely no evidence linking my client to that document.
We intend to do just that.
Link your client to that document.
Enough, counselors.
You're arguing facts, not law.
You've convinced me, Ms.
Scofield.
You have intent.
THIS CASE IS GOING TO JULY And after the membership committee voted? We went to the bar and blabbed to everyone who got in.
Were Stephanie Davis and Juliette Tersey at the bar? Dr.
Davis was.
How would you describe her mood? Well, she was upset, obviously.
Did you talk to her? No.
She left abruptly.
Did you see her after that? Later, down by the tennis courts.
What was she doing? Arguing with Juliette Tersey.
Did you hear any of that argument? Just a smidge.
Dr.
Davis said, "I can't believe you're humiliating me again.
" Objection, Your Honor.
Hearsay.
Move to strike.
It falls under the hearsay exception, Your Honor.
Statement against interest.
Overruled.
You said Dr.
Davis seemed upset the day she learned her membership had been rejected.
Quiteunhinged.
Objection.
Your Honor.
Please confine your remarks to the facts, not opinions, Mrs.
Rogers.
Yes, Your Honor.
Upset? Disappointed? Yes.
But surely that must have eased after a few days.
On the contrary.
She wrote letters, and called the committee members at home asking why.
If anything, it made the situation worse.
No one does that.
Nothing further, Your Honor.
HELLMAN: I'm curious.
Why would Dr.
Davis blame Juliette Tersey? I don't know, really.
Was Mrs.
Tersey on the membership committee? No.
Did she have any unusual influence over the committee? Apparently not.
Dr.
Davis only got three votes.
And 18 against.
So why would Dr.
Davis blame one person in particular? I don't know.
Neither do I.
But didn't Mrs.
Tersey lobby in favor of Dr.
Davis' admission? That's what people said.
But we have affidavits from committee members saying she did just that.
Then she must have.
So, to your knowledge, did Juliette Tersey do anything at all to prevent Dr.
Davis from getting into the Beach Ridge Country Club? No.
Not to my knowledge.
Thank you.
We find anything? I found one interesting thing in the D.
A.
cases.
They put away an anesthetic nurse at a big hospital who was skimming anesthesia off the top of every patient, and substituting it with saline solution.
Maintain a healthy drug business on the side while wreaking havoc with the surgical patients.
So what are we looking for? For the quantity we're looking at, documentation of a patient not going under, or worse, waking up during surgery.
Waking up during surgery? These are not nice people.
Can we look at Dr.
Davis' files? Doing it as we speak.
Give me some.
Our last witness is up next.
WOMAN: Juliette and I were best friends since fifth grade.
Part of the popular girls.
Thought we ruled the school.
And, after Juliette took Judd Stern away from Stephanie Davis, how long were they together? They were never really going out.
What do you mean by that? Judd thought they were, but they weren't.
Juliette was just playing him.
Playing him? Like a game? Yeah.
A game.
It was just this stupid thing we did.
We tried to break people up, you know? To see if we could do it.
The point of which was what exactly? What cool girls we were.
How attractive we thought we were.
How we thought we could get anything and anyone we wanted.
Did anyone outside of the circle of popular girls know about this game? It was supposed to be a secret, but Did Stephanie Davis know? She found out eventually.
We listed the tallies in the yearbook page.
You know, the people we broke up.
You kept score? Yes.
Can you read from Juliette Fleming's senior yearbook page? The heart with the line drawn through it diagonally.
"SK plus JS.
" Stephanie Kramer.
Dr.
Davis' maiden name.
And did Dr.
Davis know what this meant? After the yearbooks came out, she saw it and asked, so I told her.
Malpractice claims involving anesthesiologists are common.
Virtually every surgery requires anesthesia, and it can be the most dangerous part of the operation.
There are inaccurate dosages, IV positioning injuries, improper intubation placement.
So you've studied Juliette Tersey's case file then? In my opinion, the conclusion of the medical licensing board was correct-- Dr.
Davis was negligent.
And Dr.
Davis was reprimanded.
Yes.
And I agree with that decision.
It was the appropriate step to take.
What about the overdose? Again, I agree with the board.
In my opinion, it was accidental.
Thank you, Doctor.
Nothing more.
Your Honor, the people have no questions for this witness.
Dr.
Harrison, you're excused.
Your Honor, we see Mr.
Hellmann has a number of expert witnesses scheduled to testify.
Four more, Your Honor.
All board-certified anesthesiologists.
Guaranteed to put us all to sleep, I'm sure.
In order to spare this court and the jury the tedium of redundant testimony, the People will stipulate to the rest of Mr.
Hellman's expert witnesses.
It's fine by me, sir.
So ordered.
The sworn statements will be entered into the record, and court is adjourned for today.
Hellman kicked our butts with his expert witnesses.
Most I could do was damage control by stipulating.
At least the jury didn't hear it all directly.
I've been talking to my guy at the D.
A.
Turns out a dose of anesthesia can be off a CC, and it won't affect the operation.
Any more, and the patient wakes up during the procedure, right? And we haven't found any evidence of that with Dr.
Davis' patients.
But here's the thing.
If it is off a CC, patient gets through surgery fine, but wakes up with severe, acute, really bad, more-than-normal post-op pain.
There wasn't anything about acute post-op pain in the file.
Those ended at the surgery.
We never subpoenaed the post-op files.
The subpoena was researching for stolen drugs.
And the post-op files were outside of those parameters.
You're thinking she might have given some of her patients less anesthetic than she should have.
My DEA guy said this would be a pretty smart way for Davis to go.
Untraceable, almost impossible to prove.
If she skimmed a cc a piece from a half a dozen of her patients and stockpiled enough sufentanil to kill Juliette Tersey We'll need to get another warrant.
You get it, we'll go back to the clinic.
Prosecution rested.
If you find anything, we'll need to petition the judge to reopen the case.
See if we find anything first.
Friday night.
I've got dinner plans.
You're welcome to leave anytime.
We'll just make ourselves comfortable.
What exactly are you looking for? Patients of Dr.
Davis who got sufentanil during their procedures and then experienced post-op pain.
Some patients experience pain when they come to.
It's not unusual.
Here's one.
Female patient got a mini face lift, complained about pain in recovery, recovery nurse gave her additional meds.
Here's another.
Breast implant surgery, complained of pain in post-ops, also one of Davis's patients.
Two in two weeks, both Davis's patients.
TAYLOR: Like I said, it happens.
A lot apparently.
Sufentanil for surgery, also post-op pain.
This one also got additional meds in post-op.
I don't understand.
Make that six patients in one month, all Dr.
Davis's patients.
Oh, my God.
Six cc's.
THAT"S ??? in the death of Juliette Tersey.
The prosecution rested its case on Friday, counselor.
MAUREEN: Your Honor, we found medical records that suggest the defendant was stockpiling sufentanil.
We can prove she did so in order to kill Juliette Tersey.
HELLMAN: Your Honor, this evidence is highly prejudicial to my client.
Now, it should have been turned over to us during discovery.
Why wasn't this evidence made available to Mr.
Hellman before trial? The court limited the original subpoena because of doctor-patient privilege.
We didn't access to Mrs.
Davis' post-op records until now.
So you lost an evidentiary motion.
It doesn't give you the right to sandbag a defendant on the eve of a jury verdict.
This could determine the entire outcome.
If we would have known of this evidence, we would have employed an entirely different strategy.
I agree with Mr.
Hellman.
Allowing these records would pave the way for an appeal.
This evidence was foreseeable.
People should've asked for a broader subpoena.
I'm ruling in favor of the defense.
Motion denied.
I went to high school with Juliette, so when I was a guest at the country club we struck up a casual acquaintanceship again.
And when you applied for membership at the country club? She offered to help.
And when that membership fell through, did you harbor any animosity towards her? On the contrary.
I was grateful.
And when you failed to read her chart properly, or adjust the dosage of sufentanil? I had no intention of harming Juliette.
It was a terrible mistake.
I wish with all my heart I could do it over, have that moment back.
Thank you.
Your witness.
Are you often distracted during an operation, Dr.
Davis? Every once in a while.
How long have you been an anesthesiologist? Eight years.
Ever been sued for malpractice? No.
How frequently do you administer sufentanil to your patients? In an average week, I do 20-30 surgeries.
I use sufentanil about half of them.
So is it fair to say that for the past eight years, ten to 15 times a week you've administered the drug sufentanil without incident? Yes.
And the one and only time you've given a lethal dosage to a patient it was to Juliette Tersey.
Yes.
The woman who scorned you in high school, the woman who made you feel rejected all over again at her country club, the woman who let you down after setting you up.
Your Honor, perhaps Ms.
Chase could let the witness testify.
I'd be more than happy to let her answer the question,Your Honor.
Which question was that? Perhaps counsel can refresh our memory.
Was that just a coincidence, Dr.
Davis? I'm sorry? How is it that you happened to make your one and only lethal error on a patient with whom you had a history of antagonism and humiliation? I never bore her any ill will.
Juliette trusted me with her life.
I'm the one who let her down.
You're not the victim here, Dr.
Davis.
Your Honor.
No further questions.
JUDGE: Redirect? The defense rests, Your Honor.
Your Honor, we'd like to call Dr.
Jennifer Taylor to the stand as a rebuttal witness to Stephanie Davis' testimony.
Sidebar, Your Honor.
Chambers.
The court will take a 15-minute recess.
She's retrying the motion, Your Honor.
It's an obvious ploy by the prosecution to reopen the case.
The defendant opened the door, Your Honor.
She said she was distracted every once in a while.
We would like to rebut her testimony.
The plastic surgeon she worked with, Dr.
Taylor, will testify that in her experience, she never saw Davis distracted.
Well, the defense is happy to stipulate to Dr.
Taylor's recollection.
With all due respect, Your Honor, since the defendant testified to it, her first-person account will carry far more weight than any instructions from the bench.
It is the state's right to rebut testimony.
Whether she was distracted goes to the heart of the matter.
The right to rebut testimony is black-letter law.
Cuts both ways, counselor.
Based on your observations of Dr.
Davis' work, have you ever seen her make a similar mistake? No.
How often do you have patients come out of surgery with more than usual pain? No more than one a month on average.
Have you ever had six patients in one month experience post-op distress? No.
Dr.
Davis did.
Yes, according to their charts, in the month before she assisted me in the operation that led to Juliette Tersey's death, these six particular patients of Dr.
Davis had acute, more than normal, post-operative pain.
And what conclusion would you draw from that? Objection.
I'll allow it.
Doctor? That they were under medicated at the time of their surgery.
What drug did Dr.
Davis use as her anesthetic in those six operations? Sufentanil.
Could she have withheld one cc sufentanil per patient, per surgery and stockpiled it for future use? Objection.
Speculative.
I'll allow it.
Doctor? Difficult.
But not impossible.
Not at all.
In the case of The State of Indiana v.
Dr.
Stephanie Davis on the count of murder, the jury finds the defendant guilty.
Sentencing will take place two weeks from today.
The defendant is remanded.
"Your Honor "thank you for allowing me a chance to address the court "on behalf of my mother Juliette Tersey.
" When I was nine years old, I told this girl, Eleanor Steinman, that she wasn't allowed to eat with us at lunch.
My mom found out and she made me invite her over every single Friday just so that we could become friends.
If I ever had a birthday party, I had to invite the whole entire class so that no one would feel left out.
My mom told me that that she was way too popular and that she was way too spoiled when she was in high school.
That she didn't want me to be the same way.
My mom, she must've felt bad about what she did to Dr.
Davis.
I think she also felt that Dr.
Davis would've forgiven her.
My dad told me that in order to get a conviction Ms.
Chase would have to tell the court about how my mom had been back then.
I just I just thought you should know how she had been to me.
You are a very brave girl.
Well, she gets it from her mother.
Well, thank you for everything.
You have no idea how much you've done for us.
That was a nice thing for him to say, don't you think? I don't think he was talking to me.
CONLON: It's funny how selective our memories can be.
I couldn't name half my law school friends, but I remember vividly anyone who's ever crossed me.
Including grudge boy? Especially grudge boy.
You guys got me thinking about him.
Maybe it's time I called him up and apologized for what I did.
What you did? We were once chasing the same girl.
Do tell.
Well, he had a big paper due, and he beat me to the punch, he asked her out.
Now, I had a terrible crush on this girl.
So I deleted his paper from the computer.
(chuckling): No, you didn't.
I did.
So he spent the evening rewriting the paper and I went out with the girl.
So what happened to her? It didn't work out.
We were together for a while, but, you know, in the end Maybe it was karma.
I'd like to talk to this woman, ask her a few things.
That's unlikely to ever happen.
Are you scared she'll tell me some good stories about Jimmy Conlon? No, it's just that she doesn't live here.
She's back in New York raising our daughter.