Law & Order (1990) s03e11 Episode Script
Extended Family
In the criminal justice system, the people are represented by two separate yet equally important groups: The police who investigate crime, and the district attorneys who prosecute the offenders.
These are their stories.
Look at this.
Which one's your favorite? Yeah, that's pretty.
Come on, let's go.
Would you like to sample our new fragrance? Sure.
It's called Tango from De La Cuesta.
We're offering a complete makeover with every purchase.
Ah, should we make ourselves pretty for Daddy, Samantha? Such marvelous skin.
You must be Scandinavian.
I'm originally from Copenagen, actually.
You know, De La Cuesta does make a moisturizer with the sun block mixed in.
Uh-huh.
And you could also go a little bit darker on the eyebrows, okay? Samantha, how do I look? Samantha? My God! Samantha? Samantha? Samantha! Saman Samantha! Samantha! Samantha! Did you check the east wing? What are you waitir for? Get going.
We're from the 27.
Oh, lucky you, you're first on line.
The borough commander's pulling manpower from four precincts.
Now, ESU, they made three passes.
Nothing.
Parents here? No.
Only the nanny.
I called the father, Gary Silver.
Know the name? Yeah.
Big Broadway producer.
He's got more Tonys than Southern Italy.
Ma'am? Ma'am.
She wouldn't go anywhere without Brown Dog.
Now listen to me.
Where was the last place you saw the girl? Here.
Sitting right here.
Now did you see anybody around her? Would you No, I'm I'm the father of the girl.
Christina! What the hell happened, Christina? Well, she's gone.
Gone? Where the hell were you? I don't know.
Are you the girl's father? Are you in charge? Who's in charge around here? Take it easy.
Has my daughter been kidnapped? We're trying to figure it out, Mr.
Silver.
There's nothing to figure out.
She's here or she isn't.
Has she been kidnapped? She'll be all right.
They'll find her.
Isn't that right? For God's sake.
I know she will.
They'll find her, right? And that's all I can do? Wait? Until somebody calls.
And m-make a list of anybody who might wanna get at you.
People who don't like me send lawyers, not kidnappers.
I thought this only happened in South America.
Arert you supposed to call the FBI or something? Only after a ransom request.
We'd like you to give us any information you can on your staff.
My staff? Lola, my housekeeper, has been with us for 12 years.
Look, Christina, Samantha's, uh, nanny, is so upset she had to be sedated by the doctor.
Believe me, she's not involved.
Is she involved with you? Look, do me a favor, will you? Don't give the newspapers any more to play with.
Okay? Arert you and the girl's mother divorced? We share joint custody.
Janet left the day before yesterday for Majorca.
Some spa.
Of course, they don't have a phone.
My agent's trying to contact the consulate right now.
I mean, why don't they call? I mean They want money, I'll I'll give them money.
Mr.
Silver, it's possible that this isn't about ransom.
Children get taken for all kinds of reasons.
Oh, God.
You vote for a perv? Hey, there's a lot of guys out there who think that's what Just doesn't feel like a pro, Don.
She was picked up in the store, not in the street, and in nine hours, not one phone call.
Yeah.
When you wanna score big, you call before we set up the tap.
Nobody sees the kid? What did you get off the picture? A 2-by-2 out of Dad's wallet, and he doesn't even think it looks like her.
All right, let's get the new picture out to the papers.
I'll have the 19 do everybody again.
What? Just one tape? They got no cameras on the escalator.
Security guards only hit the tapes when they see something suspicious, when an item's picked up.
Here, toy department.
That's her.
And that's not the nanny.
Freeze it.
Look at that jacket.
The people in the stock room wore jackets like that.
Go forward, maybe he turns around.
They said as soon as she talked to an employee, the tape was shut off.
Yeah, they recognized the jacket, too.
Let's get a list.
Every employee in the store.
Four hundred people? What in the hell could they all be doir in stock rooms? A lot of things you don't wanna know about.
Now, here's a guy, 1-to-3 for receiving stolen goods.
You hire him as a stock clerk? Hey, hey.
Hey, we just got a bite.
Zorn, Harold.
From school teacher to stockroom.
On parole when hired.
Three years ago.
Charged with sex abuse one.
Pled down to 3, a misdemeanor.
Didrt serve any time.
Sexual abuse of who? Where does he work in the store? Fifth floor stockroom.
Childrers toys.
He's an excellent employee.
The stuffed animal display was his idea.
He knew children get bored shopping with parents.
Now, wait a minute.
This man had a Ph.
D.
And he wanted to be a stock clerk? I mean, doesn't that raise a flag for you? In this economy? We have investment brokers down in shipping.
What time did his shift usually start? Oh, he won't be in today.
He called.
Said he has the flu or something.
Well, I guess we should make a house call.
Mr.
Zorn, police.
Open up.
Hey, you gonna break it down? Why don't you save us the bruises? You got a warrant? We're lookir for a 7-year-old girl.
Now open it.
Jeez.
You mean he's one of those? Porno? Can'toons.
Mama.
Lennie.
Mama.
It's chocolate.
What does he do, roll around in it? No.
What he does is a night shift.
Pay-check stub, Schroeder's Fine Chocolates, Is your inclination the same as mine? You wanna stick his head in the vat? We know that ain't gonna work.
Molesters are all wimps.
If we spook him, he's gonna freeze.
And then no Samantha.
So it's kinder, gentler.
Hi, Harold Zorn? I haven't done anything.
Take it easy, Harold.
I'm Det.
Briscoe, this is Det.
Logan.
Am I being arrested? No, why? You haven't done anything.
Harold, Harold, we just wanna clear up a few points.
Now, maybe this isn't the best place to talk, huh? It's about the girl.
Just a few questions.
Okay, I wanna get this settled.
I'm not denying I spoke to her.
I've never denied that.
And then? Then, I left the store to have coffee at Bennie's on my break.
You know all this.
Why aren't you checking it out? People are checking it, Harold.
It's it's I don't think we have the full picture.
Yeah, like I don't understand why you ran.
I didn't run.
I tried to go back to the store, but I was locked out.
I've done everything I'm supposed to about my problem, counseling, medications, ask my parole officer.
I'm trying to deal with it.
Look at that picture.
You still wanted her, didn't you, Zorn? Harold, what what was Samantha like when you talked to her? What did you talk about? I asked her if she liked the giraffe.
She pointed to the stuffed gorilla and said a woman at the register was buying it for her.
That's all.
I left.
His lawyer? His alibi.
It checks.
They know him at the coffee shop.
He was there when they were shutting down the store.
Square one.
Square minus one.
I think you're right.
Get back to me, all right? Who's got Silver's house? I do, but there's nothing yet.
No calls, no ransom notes.
Silver's probably taking tranquilizers.
Mike, They, uh, checked the register tapes.
Somebody bought the stuffed gorilla maybe three minutes before they locked the doors.
$400.
Cash.
$400? What was it stuffed with? Oh, wait, three minutes to take the escalator down from the 5th Floor with a little girl, a big stuffed animal and get out the front door before it's sealed? Who did the interviews at the back door, the loading entrance? Uh, it was the 26.
Okay, so the order goes out to seal the place.
How much you wanna bet the news traveled faster to the main floor than the loading dock? Go for it.
Aunt Polly gives them a flowered tie, they exchange it for a toaster oven.
Too many Aunt Pollies, my back goes out.
Merry Christmas.
We locked the gate.
Before the street doors, after, I don't know.
Anybody ask you if you saw the little girl? Only about 40 cops.
I had 20, 30 customers here, kids, loading stuff into cars.
I mean, even if I was looking Anybody load a big stuffed gorilla? End of the day, you could give me a box of thousand-dollar bills, I wouldn't notice.
Gorilla? L I helped her.
She had a kid with her.
You get a look at the lady? Dark hair.
Kinda old, I didn't really get a good look at her.
What about her car? It was real nice, uh, brand new, um, grey, with one of them black leather tops.
Landau.
Is that what they call it? It was a Lincoln.
Huh, lucky she didn't get towed, man.
I tell her, "Over here you get towed.
" All she got was a ticket.
Three square blocks, I mean, how many tickets can two meter-maids write? Looks like they nailed over Oh, there's another reason to buy American.
Green Lincoln.
Street cleaning.
Street cleaning? They still do that in New York? Red zone, 63rd and 3rd.
How you doir? You Alan Fischer? Yeah.
You own a grey Lincoln? What happened? Somebody steal it? Ah, look, we wanna ask you a few questions, okay? I drove it an hour ago, it's okay.
The questiors about Samantha Silver.
Look, you guys have a warrant? 'Cause if you don't, I'm afraid We don't need a warrant.
Stay right there.
Don't move.
Samantha, come here, honey.
Mommy! Are you Samantha? Get your hands off her! Who the hell are you? This your daughter? Don't touch my daughter.
All right, we made a mistake.
Alan, what's going on? Mike.
Jennifer, it's okay, honey.
No one's gonna hurt you.
It's gonna be okay.
It'll be all right.
This is crazy.
I bought that for my daughter.
Ah, sure you did.
That's why you wouldn't open the door.
Your car, Mr.
Fischer.
It was ticketed right outside the store.
I couldn't find a spot.
I had to pick up some Some, uh, Airplane tickets? Clothes? Shoes? What'd you have to pick up? Where'd you park the car? We have somebody who can identify her.
Is the little girl dead, Alan? Is that it? Somethir go wrong before you could write the ransom note? Why did you take her? What did you wanna do to her? Was it your wife? We had nothing to do with it.
You bought the stuffed animal.
The store had six of 'em.
Now they have five.
We bought it downtown somewhere.
Somewhere in the village.
Keep diggir, Mrs.
Fischer.
Spencer's is the only place that sells them.
You have a daughter.
You wanna trade Christmas presents with her in a prison waiting room? We did nothing wrong.
I wanna see my husband.
You can't keep us here like this.
Well, you can always have a lawyer.
We don't need a lawyer.
You can't be as stupid as you sound, Mr.
Fischer.
Kidnapping's just like murder.
We didn't kidnap her! Really? What did you do, huh? Invite her home to play with your daughter? Where is she? Mr.
Fischer's clean.
Myra Fischer, one count trespassing in 1991.
She handcuffed herself to the front door of Gracie Mansion protesting starter enforcement of child support payments.
Job history as a volunteer for Abused Childrers Legal Defense Fund.
Thanks.
Of course our justice system affords protection.
Thousands of children abused and nobody cares.
And nobody gets convicted.
So we rescue the children ourselves.
Does that include Samantha Silver? Who's Samantha Silver? All right.
You can call it rescue.
A grand jury calls it kidnapping.
Is that a threat, Detective? No, it's penal law.
Now, where did the Fischers take the girl? The Fischers have nothing to do with this organization.
Oh, so you've heard of the Fischers, but you've never heard of Samantha Silver? Well, let me just inform you, the Fischers are in a cell at Central Booking.
Would you care to join them? This is the last stop on the train.
Unless we find Samantha, you're it.
Maybe you should talk to Sally Ned.
We gave her money, what she does with it is not our responsibility.
You have to talk to Ramona Stark.
She's a child psychologist.
Very well known.
You better hope she's still on the train, too.
Where do we find her? Lennie, Lennie, come here.
Do you hear that? Why? I can What do you think? No warrant.
Well, we've got exigent circumstances.
All right, you wanna get away from the door, ma'am? It's the police.
Ramona Stark? Yes.
Nice to meet you.
You're under arrest for the kidnapping of Samantha Silver.
It's okay, Samantha.
We're gonna take you home to your daddy.
No! I'm Janet Silver.
Samantha's my daughter.
She wasrt kidnapped.
She's here at my request.
Mrs.
Silver, your daughter was abducted from a department store and from your husband's legal custody.
She was taken for her protection.
My husband will never see her again.
I want charges brought against him.
Samantha has told us that her father repeatedly molested her.
You're not gonna do anything? Does Samantha have to spell it out for you in her alphabet soup? She took showers with him and his live-in girlfriend, naps with them when she was naked.
My child was living in terror.
Mrs.
Silver, we are sorry for your daughter, but an accusation is not enough for us to prosecute.
Oh, no.
I examined the girl.
No, there is no doubt what happened.
Dr.
Jenner, you examined her two weeks ago.
It's too late for us to corroborate your report.
Is my integrity in question here? You have a history of testifying in these cases.
That'd be brought out in court.
We'd like to have Samantha examined by our psychiatrist.
Dr.
Stark has a Ph.
D.
In child psychology.
She has dedicated her life to this.
Is she not a good enough expert? Nothing changes, does it? A child is in danger you're refusing to protect her.
I won't give her up.
I'll go to jail before she goes back to him.
There is not enough evidence.
It is as simple as that.
Come on, Ben.
Is this about evidence, or is it visibility? Sexual abuse.
Public figure.
It scares the hell out of you, doesn't it? You guys are supposed to be the white knights.
Look, you tell Schiff I'd like charges filed today or I'll make sure his amour gets real tarnished on the front pages tomorrow.
Mr.
Preston is threatening me? Huh? Arrogance of the young.
Good lawyer, always on the right side.
Which doesn't make his client a saint.
Wife sues for full custody, doesn't get it.
Sudden charge of molestation.
Have we heard that story before? I don't know, Adam.
Showering with the kid, sleeping nude.
My grandson plays Little League.
I tell him, "Go get 'em, tiger," I pat him on the can, and you'd haul me away in leg irons.
A medical report, the psychologist, you don't wanna believe any of it? It doesn't matter what I believe.
The man has no history of this.
An accusation alone could destroy his life.
We pursue it, it doesn't stick, we end up with high-profile egg on our face.
There's gonna be high-profile egg no matter what we do.
We need corroboration.
You get a court order to examine the child.
No corroboration, no indictment.
What does that do to Samantha? My client is concerned.
The effect of a psychiatric exam.
We can't ignore the charge.
Did you see the papers when we got divorced? "Wife calls producer selfish and brutal.
" She smeared me all over the papers.
And now you're helping her do it again.
And just because I'm in love with my daughter's nanny does not make me a child molester.
We're fighting the court order.
Insufficient grounds.
Counselor, we have a medical exam.
Well, of course, you do.
I mean, whose doctor? I read about this Ramona Stark.
She's a nut.
I mean, my wife wants to destroy me and you'll ruin my my daughter's life.
For what? Public spectacle, page 6! Ramona Stark as your prime witness? I wouldn't go to trial with that.
Who's Silver worried about? His daughter? Or himself? He may be right about Stark.
So let's find out what other cases she's been involved in.
She's a saint.
They should put a statue of her in front of Family Court.
Hmm.
She testified for you against your husband.
And gave us a place to hide, until they put that swine in jail.
Did your child testify? She was very frightened.
But, uh, Ramona helped her.
By getting her ready to testify.
My daughter didn't invent it.
It happened.
If Ramona helped her put it into words, that's not a crime.
The fact that you're worried about Ramona, and not Gary Silver, proves you're part of the problem, not the solution.
I never had much faith in divorce laws and nothing's happened to change my mind.
You lost custody of your son.
You want a shotgun offence? I'll give you my ex-wife, her fleabag lawyer and Ramona Stark.
Now, you were charged with molesting your son, Mr.
Sanders.
I was charged with it, but it never went to trial, did it? I caved in.
I gave my wife what she wanted.
Suddenly she decides not to testify.
You people don't have a case.
I never touched my son.
But people are accused all the time.
They defend themselves.
I sat in her lawyer's chair and I watched a tape.
My little boy saying that I put my hand on his "dupe.
" I knew I was dead.
I haven't seen him since.
$1,100 child support.
I don't even get visitation.
And what does that prove? She's a busy lady.
We got a Chinese menu here.
Column A, she's the savior of all molested children.
Column B, she scares innocent men into giving up their kids.
Silver's lawyer is right.
With Stark's history, we put her on the stand they'll eat her for lunch.
We don't put her on the stand, they will.
Paul Robinette.
Hmm-mmm.
Thanks.
We got the order.
Olivet sees Samantha Silver in the morning.
Good.
What are your favorite pets, Samantha? Mommy tells me you like puppies.
Sometimes Brown Dog barks.
You can't hear it.
But I can.
What's Brown Dog barking at? Secrets.
That's very good.
I have an idea.
Why don't we draw a picture of your family? Who's that? Mommy.
I need blue for her eyes.
And what about you? That's fine.
What's Daddy look like? It's okay.
Go ahead.
Remember what I told you about "good touches" and "bad touches", Samantha? How did Daddy touch you? Whers Mommy coming back? She'll be here soon.
Where did Daddy touch you? Show me.
Just draw a circle where he touched you.
I don't wanna talk anymore.
Her behavior's consistent with abuse.
Avoidance, reluctance to discuss details, guilt.
I'm sure that's what Ramona Stark reacted to.
But she did not say that her father molested her.
Which doesn't mean it didn't happen.
What about the medical report? Do you agree with Jenner? If I'd seen her at the time, I might be sure.
Jenner says there's scarring near her labia and she's not intact, but there are no bacterial traces which you'd expect with a recent abuse.
Why does every word you say sound like maybe and then maybe not? I think it happened.
But is it conclusive? Not to mention that she's confused.
Too much prompting from Stark and her mother.
She's not a terrific witness.
This gets better every minute.
What about the father? Does he fit the portrait of a molester? Mid-50s, no prior record, you wouldn't think so.
Unless he's a "preferential.
" What's that? Only family members.
Wasrt he married before? Twenty years ago.
Did they have any children? The night I was born, Hair opened on Broadway.
Guess whose premiere Daddy attended? Doesrt sound like you've patched things up.
Oh, as far as he's concerned, I'm a show that closed on opening night.
Anyhow, I moved out when I was 7.
Jesus Christ Superstar.
Mom's big break.
Mary Magdalene sends me to Grandma's in Greenwich for the length of the run.
Grandma never sends me back.
She hated him.
She still does.
Maybe because Mom moved you to Grandma's for other reasons.
They say in families, it usually doesn't happen only once.
I suppose you've spoken with your Dad in the last few days.
Okay.
There are some memories that seem strange.
I remember being alone in bed, and I'd hear their door open down the hall and Daddy walking towards my room.
I'd wet the bed.
I thought that would protect me.
Protect you from what? Look, I don't wanna talk about this anymore.
You absolutely convinced? Doesrt leave me with any doubts.
It's not showers and sleeping in the same bed anymore, Adam.
If he molested the first one, the chances of his not doing it again are almost nil.
I checked the older daughter's new apartment.
Silver paid for it, closed 10 days ago.
He bought her off.
Useless without her testimony.
What about his girlfriend? She's the child's nanny.
His lawyer won't let us near her.
Your medical doctor is questionable, this Ramona Stark is tainted.
She makes Joan of Arc look modest.
The child is a terrible witness.
So you wanna plead him? He molested his own child, Adam.
Plead him.
Sex abuse two.
He won't do better from a jury.
Sexual abuse two.
Considering what he did, it's a gift from God.
I didn't do anything to Samantha.
What about your first daughter? Leslie's mother was, for years, clinically depressed.
Of course, Leslie has problems.
My understanding is that Leslie has absolutely nothing negative to say about me.
Odd time to buy her an apartment.
Come on, if you had anything new we wouldn't be here.
Our psychiatrist says Samantha was probably abused.
Ten minutes with Ramona Stark, she'll accuse her father of being a serial killer.
My client comes out of this clean or his life's over.
I'll see you in court.
You're bluffing.
Let's go.
You'll ruin my daughter's life.
Mr.
Silver, that process was well underway before now.
I'm glad you're so sure.
What do you mean, the psychiatric examinations aren't enough? You have all that.
You have Miss Stark's report.
I believe he did it, but we don't have enough to convince a grand jury.
What do you want? Do you think Gary's gonna stand up and say he did it? in New York are convinced.
Go anywhere and mention his name.
Grand jury doesn't indict by Gallup poll.
David, let's give them the tape.
I've been around the law enough to know one doesn't sit idly by.
This takes it well beyond any reasonable doubt.
Do you miss your daddy? Don't you wanna see him? Did he ever touch you? Yes.
Tell me, Samantha.
It's bad where Daddy touched me.
Can you tell me why? Because.
Can you show me where? Here.
And? He made me touch him, too.
Turn it off.
Yup.
Very convincing.
If we had done it.
It convinced the grand jury.
Come on, even her mother's lawyer knows it's trouble.
Homemade evidence.
I don't like it.
The courts like it less.
Who's your judge? Wally Schreiber.
You expect to get this in? Schreiber thinks the admissibility rules were made in Heaven, not Albany.
A mars own daughter.
I hope there's an afterlife.
For some crimes, the penal law is inadequate.
Mrs.
Silver had the tape made.
She's a lunatic.
And so is Ramona Stark.
Their state of mind does not make the tape inadmissible.
Doesrt it, Ben? We don't know what was said before the tape was made.
There's no reason to believe that it wasrt spontaneous, Your Honor.
About as spontaneous as the Pledge of Allegiance.
Your Honor, Dr.
Olivet said the child was subjected to trauma.
Without that tape, we have to put her on the stand.
We don't wanna do that.
How warm-hearted of you.
The kid was coached, Judge.
It's all made up, every bit of it.
Now, easy, Nick, I read Olivet's report.
It's not all made up.
Gentlemen.
Ben, do you remember a case in Rhode Island? Insulin, needles, the lady in the coma? They go into the mars house, take the black bag Which was admitted as evidence.
Yeah, in my view, a mistake.
And the basis, I might add, for a successful appeal.
Now here, we have an out-of-court statement and the witness is available.
I can't allow the tape, Ben.
Your Honor, the interests of the child Balanced by the interests of justice.
If the man did it, then put him away but we have to have the girl testify.
I'll be glad to do it in chambers with closed-circuit video, make it as painless as possible.
Think about it, hmm? Children have special ways of telling us what happened.
Please describe for the court what you expect in cases of sexual abuse.
Children who have been molested often cry when asked about the incident.
They show anger, fear and sadness and in almost all cases, the child is unwilling to discuss the specific details of what happened.
In your expert opinion, does Samantha Silver fit this profile? Yes, in virtually every respect.
And Dr.
Stark, is it possible that the alleged sexual abuse of Samantha Silver is totally invented? Oh, no, I don't think that's possible.
L I can't tell you in explicit detail what went on but something certainly happened.
Thank you.
Your witness.
Something happened.
That's fairly vague, isn't it? I'm a psychologist, not a psychiatrist.
But none of this is an exact science.
The girl went through a serious trauma concerning her father.
That could mean anything.
Can you state with medical certainty that Gary Silver molested his daughter? I can't say with certainty the sun will rise tomorrow.
But, yes, short of absolute certainty, I think he molested his daughter.
You testified that Samantha Silver had been subject to trauma involving her father.
Could that include her mother convincing her Daddy molested her? If you're suggesting that her mother planted the accusation in her head, no, I don't believe that's true.
Suppose I find cereal spilled on the kitchen floor.
I ask my son, "Did you do this?" What does he say? I don't know your son, Mr.
Teller.
He'll lie, Dr.
Stark, because he's afraid Daddy will be angry.
But if I say I won't be angry, he'll admit it, won't he? Possibly.
He will.
Because he wants to please me.
Now, Samantha Silver was taken from a department store and held in a strange environment.
If she thought the only way out was to accuse Daddy of bad things isn't it possible she'd lie? It's possible, yes, but she didn't need to lie.
She just told us what happened.
I was naive when I married Gary.
I was his third wife.
I thought I would be the one to make him settle down.
I was wrong.
Well, what made you feel you were wrong? I thought that Gary was obsessed with Samantha, that he was using her to make up for neglecting his first child.
Lt it, It seemed unnatural.
In what way, Mrs.
Silver? Objection.
This is all speculation.
She can talk about her own feelings, Counselor.
Overruled.
Mrs.
Silver.
He, uh, he wanted to take her everywhere.
He wouldn't let her out of his sight, he was hugging her, picking her up all the time.
It was too possessive.
But why did you ask Ramona Stark to help you hide Samantha? Samantha said that she was taking nude naps with Gary and Well, the nanny, his girlfriend.
I, uh, I tried to ask if anything else was going on but, uh, I scared her.
I didn't I didn't know how to ask the question.
It was it was so ugly.
My My attorney said that Ramona Stark would know how to ask.
Fine, thank you, no further questions.
So, uh, you couldn't talk to your own daughter, is that right? I didn't know if if my suspicions were right.
L I needed a professional.
Oh, so you did think your husband had done something wrong? Look, I I didn't know.
Or was it just that you were jealous because he abandoned you for a younger woman? I was worried, okay? I'm I'm allowed to be worried.
Of course, you are.
But you are not allowed to brainwash your own daughter.
Objection.
We we didn't brainwash her, for God's sake.
We got a doctor.
I'm a pediatrician with a subspecialty in internal medicine.
Have you consulted on other cases involving the sexual abuse of children? I volunteer my services for the Abused Childrers Defense League.
I'm on call at no charge.
Now please tell the court the results of your physical examination of Samantha Silver.
I found scarring and bruising on the labia, and the hymen had been ruptured.
And what did you conclude from that? These were unusual conditions for a child of her age.
I concluded that Samantha Silver had, in some way, been sexually abused.
Thank you.
Dr.
Jenner, could the conditions you describe be caused by anything else? I don't think so.
Now, you say you work on these cases at no charge.
In fact, don't you make it a career? I have a thriving pediatric practice, sir.
How many of these cases have you testified in? Twenty-two.
Very impressive.
Have you testified for a defendant? In all the cases that I've worked on, the defendants were guilty.
Really? How many of them were acquitted? Thirteen.
Didrt you say they were all guilty? They were.
Not in the eyes of the law, Doctor.
No further questions.
Don't have any choice.
She's a confused, frightened little girl.
I don't know how she'll do on the stand.
If we can get her to say what she said to Stark She's talked to too many people.
She can't remember what happened.
Olivet prepped her six times.
Six different answers.
We don't put her on, the jury's gonna wonder what we're hiding.
The wife and What's her name, Stark? Yeah, the two of them tied your hands behind your back and then asked you to swim.
And they sullied every piece of testimony we needed.
Not to mention the wife looked jealous on the stand and that doctor He defined the word "zealot.
" The child's gonna have to talk to the jury and tell them what happened.
People always wanna talk about Daddy.
We'd like to know a few things that your daddy did.
You mean the bad things? That's right.
Why should I talk to you? We wanna make sure that your daddy doesn't do the bad things again.
Mommy says you're going to put him in jail.
Why do you think your mommy would say that? Because I told her it was bad where Daddy touched me.
And how many times did he touch you? Ramona said he did it a lot.
She's real mad, too.
Now what Ramona says doesn't matter.
What matters is what you remember.
I told you.
Daddy touched me, and Ramona and Mommy said he's bad.
Aside from touching you, what are some of the other things that your daddy did? I don't know what I'm supposed to say.
I forgot.
Samantha, thank you.
Thank you for talking with us.
Samantha, do you have puzzles like that at home? I have bigger ones in my room.
At your daddy's house? I have a big room next to Christina's.
Does Daddy do puzzles with you? Daddy doesn't like puzzles.
We watch movies.
You love your Daddy, don't you, Samantha? You don't wanna see him go to jail, do you? Your Honor? Let's back away from that, Mr.
Teller.
Hmm? Has your daddy done anything to you that you think he should be punished for? Mommy says Daddy won't let me go to France.
He won't let you go to France? To live with Mommy and her boyfriend, where I can have a pony.
No more questions.
You wanted to leave the country.
To do that you needed full custody, right? I wanted to protect her from her father.
What's wrong with that? What is wrong is that a jury can now be persuaded that you wanted full custody for other reasons.
You withheld crucial information.
That doesn't change what happened.
In a jury's mind it might.
Are you saying Mrs.
Silver lied? No, what I'm saying is that the clarity of the case rests on Samantha, and your client and Mrs.
Stark had other agendas.
They've so muddied the water I don't know what a jury'll believe.
We wanted to protect the child.
You put so many ideas in her head she can't tell us anything clearly.
When when Samantha told me about the showers, and that that that girl naked in the house, what was I supposed to do? Samantha was mixed up today.
The jury knows what the father did.
I hope you're right.
Has the jury reached a verdict? Yes, we have, Your Honor.
On the sole count of the indictment, the charge of sexual abuse in the first degree, how does the jury find? We find the defendant not guilty.
No.
The girl is gone.
And Janet Silver refuses to say where she is.
She'll have to produce the child.
The husband has a court order.
And now I've got to make a victim out of the mother.
She's the one going to jail.
I only see one victim here.
And she's only 7 years old.
These are their stories.
Look at this.
Which one's your favorite? Yeah, that's pretty.
Come on, let's go.
Would you like to sample our new fragrance? Sure.
It's called Tango from De La Cuesta.
We're offering a complete makeover with every purchase.
Ah, should we make ourselves pretty for Daddy, Samantha? Such marvelous skin.
You must be Scandinavian.
I'm originally from Copenagen, actually.
You know, De La Cuesta does make a moisturizer with the sun block mixed in.
Uh-huh.
And you could also go a little bit darker on the eyebrows, okay? Samantha, how do I look? Samantha? My God! Samantha? Samantha? Samantha! Saman Samantha! Samantha! Samantha! Did you check the east wing? What are you waitir for? Get going.
We're from the 27.
Oh, lucky you, you're first on line.
The borough commander's pulling manpower from four precincts.
Now, ESU, they made three passes.
Nothing.
Parents here? No.
Only the nanny.
I called the father, Gary Silver.
Know the name? Yeah.
Big Broadway producer.
He's got more Tonys than Southern Italy.
Ma'am? Ma'am.
She wouldn't go anywhere without Brown Dog.
Now listen to me.
Where was the last place you saw the girl? Here.
Sitting right here.
Now did you see anybody around her? Would you No, I'm I'm the father of the girl.
Christina! What the hell happened, Christina? Well, she's gone.
Gone? Where the hell were you? I don't know.
Are you the girl's father? Are you in charge? Who's in charge around here? Take it easy.
Has my daughter been kidnapped? We're trying to figure it out, Mr.
Silver.
There's nothing to figure out.
She's here or she isn't.
Has she been kidnapped? She'll be all right.
They'll find her.
Isn't that right? For God's sake.
I know she will.
They'll find her, right? And that's all I can do? Wait? Until somebody calls.
And m-make a list of anybody who might wanna get at you.
People who don't like me send lawyers, not kidnappers.
I thought this only happened in South America.
Arert you supposed to call the FBI or something? Only after a ransom request.
We'd like you to give us any information you can on your staff.
My staff? Lola, my housekeeper, has been with us for 12 years.
Look, Christina, Samantha's, uh, nanny, is so upset she had to be sedated by the doctor.
Believe me, she's not involved.
Is she involved with you? Look, do me a favor, will you? Don't give the newspapers any more to play with.
Okay? Arert you and the girl's mother divorced? We share joint custody.
Janet left the day before yesterday for Majorca.
Some spa.
Of course, they don't have a phone.
My agent's trying to contact the consulate right now.
I mean, why don't they call? I mean They want money, I'll I'll give them money.
Mr.
Silver, it's possible that this isn't about ransom.
Children get taken for all kinds of reasons.
Oh, God.
You vote for a perv? Hey, there's a lot of guys out there who think that's what Just doesn't feel like a pro, Don.
She was picked up in the store, not in the street, and in nine hours, not one phone call.
Yeah.
When you wanna score big, you call before we set up the tap.
Nobody sees the kid? What did you get off the picture? A 2-by-2 out of Dad's wallet, and he doesn't even think it looks like her.
All right, let's get the new picture out to the papers.
I'll have the 19 do everybody again.
What? Just one tape? They got no cameras on the escalator.
Security guards only hit the tapes when they see something suspicious, when an item's picked up.
Here, toy department.
That's her.
And that's not the nanny.
Freeze it.
Look at that jacket.
The people in the stock room wore jackets like that.
Go forward, maybe he turns around.
They said as soon as she talked to an employee, the tape was shut off.
Yeah, they recognized the jacket, too.
Let's get a list.
Every employee in the store.
Four hundred people? What in the hell could they all be doir in stock rooms? A lot of things you don't wanna know about.
Now, here's a guy, 1-to-3 for receiving stolen goods.
You hire him as a stock clerk? Hey, hey.
Hey, we just got a bite.
Zorn, Harold.
From school teacher to stockroom.
On parole when hired.
Three years ago.
Charged with sex abuse one.
Pled down to 3, a misdemeanor.
Didrt serve any time.
Sexual abuse of who? Where does he work in the store? Fifth floor stockroom.
Childrers toys.
He's an excellent employee.
The stuffed animal display was his idea.
He knew children get bored shopping with parents.
Now, wait a minute.
This man had a Ph.
D.
And he wanted to be a stock clerk? I mean, doesn't that raise a flag for you? In this economy? We have investment brokers down in shipping.
What time did his shift usually start? Oh, he won't be in today.
He called.
Said he has the flu or something.
Well, I guess we should make a house call.
Mr.
Zorn, police.
Open up.
Hey, you gonna break it down? Why don't you save us the bruises? You got a warrant? We're lookir for a 7-year-old girl.
Now open it.
Jeez.
You mean he's one of those? Porno? Can'toons.
Mama.
Lennie.
Mama.
It's chocolate.
What does he do, roll around in it? No.
What he does is a night shift.
Pay-check stub, Schroeder's Fine Chocolates, Is your inclination the same as mine? You wanna stick his head in the vat? We know that ain't gonna work.
Molesters are all wimps.
If we spook him, he's gonna freeze.
And then no Samantha.
So it's kinder, gentler.
Hi, Harold Zorn? I haven't done anything.
Take it easy, Harold.
I'm Det.
Briscoe, this is Det.
Logan.
Am I being arrested? No, why? You haven't done anything.
Harold, Harold, we just wanna clear up a few points.
Now, maybe this isn't the best place to talk, huh? It's about the girl.
Just a few questions.
Okay, I wanna get this settled.
I'm not denying I spoke to her.
I've never denied that.
And then? Then, I left the store to have coffee at Bennie's on my break.
You know all this.
Why aren't you checking it out? People are checking it, Harold.
It's it's I don't think we have the full picture.
Yeah, like I don't understand why you ran.
I didn't run.
I tried to go back to the store, but I was locked out.
I've done everything I'm supposed to about my problem, counseling, medications, ask my parole officer.
I'm trying to deal with it.
Look at that picture.
You still wanted her, didn't you, Zorn? Harold, what what was Samantha like when you talked to her? What did you talk about? I asked her if she liked the giraffe.
She pointed to the stuffed gorilla and said a woman at the register was buying it for her.
That's all.
I left.
His lawyer? His alibi.
It checks.
They know him at the coffee shop.
He was there when they were shutting down the store.
Square one.
Square minus one.
I think you're right.
Get back to me, all right? Who's got Silver's house? I do, but there's nothing yet.
No calls, no ransom notes.
Silver's probably taking tranquilizers.
Mike, They, uh, checked the register tapes.
Somebody bought the stuffed gorilla maybe three minutes before they locked the doors.
$400.
Cash.
$400? What was it stuffed with? Oh, wait, three minutes to take the escalator down from the 5th Floor with a little girl, a big stuffed animal and get out the front door before it's sealed? Who did the interviews at the back door, the loading entrance? Uh, it was the 26.
Okay, so the order goes out to seal the place.
How much you wanna bet the news traveled faster to the main floor than the loading dock? Go for it.
Aunt Polly gives them a flowered tie, they exchange it for a toaster oven.
Too many Aunt Pollies, my back goes out.
Merry Christmas.
We locked the gate.
Before the street doors, after, I don't know.
Anybody ask you if you saw the little girl? Only about 40 cops.
I had 20, 30 customers here, kids, loading stuff into cars.
I mean, even if I was looking Anybody load a big stuffed gorilla? End of the day, you could give me a box of thousand-dollar bills, I wouldn't notice.
Gorilla? L I helped her.
She had a kid with her.
You get a look at the lady? Dark hair.
Kinda old, I didn't really get a good look at her.
What about her car? It was real nice, uh, brand new, um, grey, with one of them black leather tops.
Landau.
Is that what they call it? It was a Lincoln.
Huh, lucky she didn't get towed, man.
I tell her, "Over here you get towed.
" All she got was a ticket.
Three square blocks, I mean, how many tickets can two meter-maids write? Looks like they nailed over Oh, there's another reason to buy American.
Green Lincoln.
Street cleaning.
Street cleaning? They still do that in New York? Red zone, 63rd and 3rd.
How you doir? You Alan Fischer? Yeah.
You own a grey Lincoln? What happened? Somebody steal it? Ah, look, we wanna ask you a few questions, okay? I drove it an hour ago, it's okay.
The questiors about Samantha Silver.
Look, you guys have a warrant? 'Cause if you don't, I'm afraid We don't need a warrant.
Stay right there.
Don't move.
Samantha, come here, honey.
Mommy! Are you Samantha? Get your hands off her! Who the hell are you? This your daughter? Don't touch my daughter.
All right, we made a mistake.
Alan, what's going on? Mike.
Jennifer, it's okay, honey.
No one's gonna hurt you.
It's gonna be okay.
It'll be all right.
This is crazy.
I bought that for my daughter.
Ah, sure you did.
That's why you wouldn't open the door.
Your car, Mr.
Fischer.
It was ticketed right outside the store.
I couldn't find a spot.
I had to pick up some Some, uh, Airplane tickets? Clothes? Shoes? What'd you have to pick up? Where'd you park the car? We have somebody who can identify her.
Is the little girl dead, Alan? Is that it? Somethir go wrong before you could write the ransom note? Why did you take her? What did you wanna do to her? Was it your wife? We had nothing to do with it.
You bought the stuffed animal.
The store had six of 'em.
Now they have five.
We bought it downtown somewhere.
Somewhere in the village.
Keep diggir, Mrs.
Fischer.
Spencer's is the only place that sells them.
You have a daughter.
You wanna trade Christmas presents with her in a prison waiting room? We did nothing wrong.
I wanna see my husband.
You can't keep us here like this.
Well, you can always have a lawyer.
We don't need a lawyer.
You can't be as stupid as you sound, Mr.
Fischer.
Kidnapping's just like murder.
We didn't kidnap her! Really? What did you do, huh? Invite her home to play with your daughter? Where is she? Mr.
Fischer's clean.
Myra Fischer, one count trespassing in 1991.
She handcuffed herself to the front door of Gracie Mansion protesting starter enforcement of child support payments.
Job history as a volunteer for Abused Childrers Legal Defense Fund.
Thanks.
Of course our justice system affords protection.
Thousands of children abused and nobody cares.
And nobody gets convicted.
So we rescue the children ourselves.
Does that include Samantha Silver? Who's Samantha Silver? All right.
You can call it rescue.
A grand jury calls it kidnapping.
Is that a threat, Detective? No, it's penal law.
Now, where did the Fischers take the girl? The Fischers have nothing to do with this organization.
Oh, so you've heard of the Fischers, but you've never heard of Samantha Silver? Well, let me just inform you, the Fischers are in a cell at Central Booking.
Would you care to join them? This is the last stop on the train.
Unless we find Samantha, you're it.
Maybe you should talk to Sally Ned.
We gave her money, what she does with it is not our responsibility.
You have to talk to Ramona Stark.
She's a child psychologist.
Very well known.
You better hope she's still on the train, too.
Where do we find her? Lennie, Lennie, come here.
Do you hear that? Why? I can What do you think? No warrant.
Well, we've got exigent circumstances.
All right, you wanna get away from the door, ma'am? It's the police.
Ramona Stark? Yes.
Nice to meet you.
You're under arrest for the kidnapping of Samantha Silver.
It's okay, Samantha.
We're gonna take you home to your daddy.
No! I'm Janet Silver.
Samantha's my daughter.
She wasrt kidnapped.
She's here at my request.
Mrs.
Silver, your daughter was abducted from a department store and from your husband's legal custody.
She was taken for her protection.
My husband will never see her again.
I want charges brought against him.
Samantha has told us that her father repeatedly molested her.
You're not gonna do anything? Does Samantha have to spell it out for you in her alphabet soup? She took showers with him and his live-in girlfriend, naps with them when she was naked.
My child was living in terror.
Mrs.
Silver, we are sorry for your daughter, but an accusation is not enough for us to prosecute.
Oh, no.
I examined the girl.
No, there is no doubt what happened.
Dr.
Jenner, you examined her two weeks ago.
It's too late for us to corroborate your report.
Is my integrity in question here? You have a history of testifying in these cases.
That'd be brought out in court.
We'd like to have Samantha examined by our psychiatrist.
Dr.
Stark has a Ph.
D.
In child psychology.
She has dedicated her life to this.
Is she not a good enough expert? Nothing changes, does it? A child is in danger you're refusing to protect her.
I won't give her up.
I'll go to jail before she goes back to him.
There is not enough evidence.
It is as simple as that.
Come on, Ben.
Is this about evidence, or is it visibility? Sexual abuse.
Public figure.
It scares the hell out of you, doesn't it? You guys are supposed to be the white knights.
Look, you tell Schiff I'd like charges filed today or I'll make sure his amour gets real tarnished on the front pages tomorrow.
Mr.
Preston is threatening me? Huh? Arrogance of the young.
Good lawyer, always on the right side.
Which doesn't make his client a saint.
Wife sues for full custody, doesn't get it.
Sudden charge of molestation.
Have we heard that story before? I don't know, Adam.
Showering with the kid, sleeping nude.
My grandson plays Little League.
I tell him, "Go get 'em, tiger," I pat him on the can, and you'd haul me away in leg irons.
A medical report, the psychologist, you don't wanna believe any of it? It doesn't matter what I believe.
The man has no history of this.
An accusation alone could destroy his life.
We pursue it, it doesn't stick, we end up with high-profile egg on our face.
There's gonna be high-profile egg no matter what we do.
We need corroboration.
You get a court order to examine the child.
No corroboration, no indictment.
What does that do to Samantha? My client is concerned.
The effect of a psychiatric exam.
We can't ignore the charge.
Did you see the papers when we got divorced? "Wife calls producer selfish and brutal.
" She smeared me all over the papers.
And now you're helping her do it again.
And just because I'm in love with my daughter's nanny does not make me a child molester.
We're fighting the court order.
Insufficient grounds.
Counselor, we have a medical exam.
Well, of course, you do.
I mean, whose doctor? I read about this Ramona Stark.
She's a nut.
I mean, my wife wants to destroy me and you'll ruin my my daughter's life.
For what? Public spectacle, page 6! Ramona Stark as your prime witness? I wouldn't go to trial with that.
Who's Silver worried about? His daughter? Or himself? He may be right about Stark.
So let's find out what other cases she's been involved in.
She's a saint.
They should put a statue of her in front of Family Court.
Hmm.
She testified for you against your husband.
And gave us a place to hide, until they put that swine in jail.
Did your child testify? She was very frightened.
But, uh, Ramona helped her.
By getting her ready to testify.
My daughter didn't invent it.
It happened.
If Ramona helped her put it into words, that's not a crime.
The fact that you're worried about Ramona, and not Gary Silver, proves you're part of the problem, not the solution.
I never had much faith in divorce laws and nothing's happened to change my mind.
You lost custody of your son.
You want a shotgun offence? I'll give you my ex-wife, her fleabag lawyer and Ramona Stark.
Now, you were charged with molesting your son, Mr.
Sanders.
I was charged with it, but it never went to trial, did it? I caved in.
I gave my wife what she wanted.
Suddenly she decides not to testify.
You people don't have a case.
I never touched my son.
But people are accused all the time.
They defend themselves.
I sat in her lawyer's chair and I watched a tape.
My little boy saying that I put my hand on his "dupe.
" I knew I was dead.
I haven't seen him since.
$1,100 child support.
I don't even get visitation.
And what does that prove? She's a busy lady.
We got a Chinese menu here.
Column A, she's the savior of all molested children.
Column B, she scares innocent men into giving up their kids.
Silver's lawyer is right.
With Stark's history, we put her on the stand they'll eat her for lunch.
We don't put her on the stand, they will.
Paul Robinette.
Hmm-mmm.
Thanks.
We got the order.
Olivet sees Samantha Silver in the morning.
Good.
What are your favorite pets, Samantha? Mommy tells me you like puppies.
Sometimes Brown Dog barks.
You can't hear it.
But I can.
What's Brown Dog barking at? Secrets.
That's very good.
I have an idea.
Why don't we draw a picture of your family? Who's that? Mommy.
I need blue for her eyes.
And what about you? That's fine.
What's Daddy look like? It's okay.
Go ahead.
Remember what I told you about "good touches" and "bad touches", Samantha? How did Daddy touch you? Whers Mommy coming back? She'll be here soon.
Where did Daddy touch you? Show me.
Just draw a circle where he touched you.
I don't wanna talk anymore.
Her behavior's consistent with abuse.
Avoidance, reluctance to discuss details, guilt.
I'm sure that's what Ramona Stark reacted to.
But she did not say that her father molested her.
Which doesn't mean it didn't happen.
What about the medical report? Do you agree with Jenner? If I'd seen her at the time, I might be sure.
Jenner says there's scarring near her labia and she's not intact, but there are no bacterial traces which you'd expect with a recent abuse.
Why does every word you say sound like maybe and then maybe not? I think it happened.
But is it conclusive? Not to mention that she's confused.
Too much prompting from Stark and her mother.
She's not a terrific witness.
This gets better every minute.
What about the father? Does he fit the portrait of a molester? Mid-50s, no prior record, you wouldn't think so.
Unless he's a "preferential.
" What's that? Only family members.
Wasrt he married before? Twenty years ago.
Did they have any children? The night I was born, Hair opened on Broadway.
Guess whose premiere Daddy attended? Doesrt sound like you've patched things up.
Oh, as far as he's concerned, I'm a show that closed on opening night.
Anyhow, I moved out when I was 7.
Jesus Christ Superstar.
Mom's big break.
Mary Magdalene sends me to Grandma's in Greenwich for the length of the run.
Grandma never sends me back.
She hated him.
She still does.
Maybe because Mom moved you to Grandma's for other reasons.
They say in families, it usually doesn't happen only once.
I suppose you've spoken with your Dad in the last few days.
Okay.
There are some memories that seem strange.
I remember being alone in bed, and I'd hear their door open down the hall and Daddy walking towards my room.
I'd wet the bed.
I thought that would protect me.
Protect you from what? Look, I don't wanna talk about this anymore.
You absolutely convinced? Doesrt leave me with any doubts.
It's not showers and sleeping in the same bed anymore, Adam.
If he molested the first one, the chances of his not doing it again are almost nil.
I checked the older daughter's new apartment.
Silver paid for it, closed 10 days ago.
He bought her off.
Useless without her testimony.
What about his girlfriend? She's the child's nanny.
His lawyer won't let us near her.
Your medical doctor is questionable, this Ramona Stark is tainted.
She makes Joan of Arc look modest.
The child is a terrible witness.
So you wanna plead him? He molested his own child, Adam.
Plead him.
Sex abuse two.
He won't do better from a jury.
Sexual abuse two.
Considering what he did, it's a gift from God.
I didn't do anything to Samantha.
What about your first daughter? Leslie's mother was, for years, clinically depressed.
Of course, Leslie has problems.
My understanding is that Leslie has absolutely nothing negative to say about me.
Odd time to buy her an apartment.
Come on, if you had anything new we wouldn't be here.
Our psychiatrist says Samantha was probably abused.
Ten minutes with Ramona Stark, she'll accuse her father of being a serial killer.
My client comes out of this clean or his life's over.
I'll see you in court.
You're bluffing.
Let's go.
You'll ruin my daughter's life.
Mr.
Silver, that process was well underway before now.
I'm glad you're so sure.
What do you mean, the psychiatric examinations aren't enough? You have all that.
You have Miss Stark's report.
I believe he did it, but we don't have enough to convince a grand jury.
What do you want? Do you think Gary's gonna stand up and say he did it? in New York are convinced.
Go anywhere and mention his name.
Grand jury doesn't indict by Gallup poll.
David, let's give them the tape.
I've been around the law enough to know one doesn't sit idly by.
This takes it well beyond any reasonable doubt.
Do you miss your daddy? Don't you wanna see him? Did he ever touch you? Yes.
Tell me, Samantha.
It's bad where Daddy touched me.
Can you tell me why? Because.
Can you show me where? Here.
And? He made me touch him, too.
Turn it off.
Yup.
Very convincing.
If we had done it.
It convinced the grand jury.
Come on, even her mother's lawyer knows it's trouble.
Homemade evidence.
I don't like it.
The courts like it less.
Who's your judge? Wally Schreiber.
You expect to get this in? Schreiber thinks the admissibility rules were made in Heaven, not Albany.
A mars own daughter.
I hope there's an afterlife.
For some crimes, the penal law is inadequate.
Mrs.
Silver had the tape made.
She's a lunatic.
And so is Ramona Stark.
Their state of mind does not make the tape inadmissible.
Doesrt it, Ben? We don't know what was said before the tape was made.
There's no reason to believe that it wasrt spontaneous, Your Honor.
About as spontaneous as the Pledge of Allegiance.
Your Honor, Dr.
Olivet said the child was subjected to trauma.
Without that tape, we have to put her on the stand.
We don't wanna do that.
How warm-hearted of you.
The kid was coached, Judge.
It's all made up, every bit of it.
Now, easy, Nick, I read Olivet's report.
It's not all made up.
Gentlemen.
Ben, do you remember a case in Rhode Island? Insulin, needles, the lady in the coma? They go into the mars house, take the black bag Which was admitted as evidence.
Yeah, in my view, a mistake.
And the basis, I might add, for a successful appeal.
Now here, we have an out-of-court statement and the witness is available.
I can't allow the tape, Ben.
Your Honor, the interests of the child Balanced by the interests of justice.
If the man did it, then put him away but we have to have the girl testify.
I'll be glad to do it in chambers with closed-circuit video, make it as painless as possible.
Think about it, hmm? Children have special ways of telling us what happened.
Please describe for the court what you expect in cases of sexual abuse.
Children who have been molested often cry when asked about the incident.
They show anger, fear and sadness and in almost all cases, the child is unwilling to discuss the specific details of what happened.
In your expert opinion, does Samantha Silver fit this profile? Yes, in virtually every respect.
And Dr.
Stark, is it possible that the alleged sexual abuse of Samantha Silver is totally invented? Oh, no, I don't think that's possible.
L I can't tell you in explicit detail what went on but something certainly happened.
Thank you.
Your witness.
Something happened.
That's fairly vague, isn't it? I'm a psychologist, not a psychiatrist.
But none of this is an exact science.
The girl went through a serious trauma concerning her father.
That could mean anything.
Can you state with medical certainty that Gary Silver molested his daughter? I can't say with certainty the sun will rise tomorrow.
But, yes, short of absolute certainty, I think he molested his daughter.
You testified that Samantha Silver had been subject to trauma involving her father.
Could that include her mother convincing her Daddy molested her? If you're suggesting that her mother planted the accusation in her head, no, I don't believe that's true.
Suppose I find cereal spilled on the kitchen floor.
I ask my son, "Did you do this?" What does he say? I don't know your son, Mr.
Teller.
He'll lie, Dr.
Stark, because he's afraid Daddy will be angry.
But if I say I won't be angry, he'll admit it, won't he? Possibly.
He will.
Because he wants to please me.
Now, Samantha Silver was taken from a department store and held in a strange environment.
If she thought the only way out was to accuse Daddy of bad things isn't it possible she'd lie? It's possible, yes, but she didn't need to lie.
She just told us what happened.
I was naive when I married Gary.
I was his third wife.
I thought I would be the one to make him settle down.
I was wrong.
Well, what made you feel you were wrong? I thought that Gary was obsessed with Samantha, that he was using her to make up for neglecting his first child.
Lt it, It seemed unnatural.
In what way, Mrs.
Silver? Objection.
This is all speculation.
She can talk about her own feelings, Counselor.
Overruled.
Mrs.
Silver.
He, uh, he wanted to take her everywhere.
He wouldn't let her out of his sight, he was hugging her, picking her up all the time.
It was too possessive.
But why did you ask Ramona Stark to help you hide Samantha? Samantha said that she was taking nude naps with Gary and Well, the nanny, his girlfriend.
I, uh, I tried to ask if anything else was going on but, uh, I scared her.
I didn't I didn't know how to ask the question.
It was it was so ugly.
My My attorney said that Ramona Stark would know how to ask.
Fine, thank you, no further questions.
So, uh, you couldn't talk to your own daughter, is that right? I didn't know if if my suspicions were right.
L I needed a professional.
Oh, so you did think your husband had done something wrong? Look, I I didn't know.
Or was it just that you were jealous because he abandoned you for a younger woman? I was worried, okay? I'm I'm allowed to be worried.
Of course, you are.
But you are not allowed to brainwash your own daughter.
Objection.
We we didn't brainwash her, for God's sake.
We got a doctor.
I'm a pediatrician with a subspecialty in internal medicine.
Have you consulted on other cases involving the sexual abuse of children? I volunteer my services for the Abused Childrers Defense League.
I'm on call at no charge.
Now please tell the court the results of your physical examination of Samantha Silver.
I found scarring and bruising on the labia, and the hymen had been ruptured.
And what did you conclude from that? These were unusual conditions for a child of her age.
I concluded that Samantha Silver had, in some way, been sexually abused.
Thank you.
Dr.
Jenner, could the conditions you describe be caused by anything else? I don't think so.
Now, you say you work on these cases at no charge.
In fact, don't you make it a career? I have a thriving pediatric practice, sir.
How many of these cases have you testified in? Twenty-two.
Very impressive.
Have you testified for a defendant? In all the cases that I've worked on, the defendants were guilty.
Really? How many of them were acquitted? Thirteen.
Didrt you say they were all guilty? They were.
Not in the eyes of the law, Doctor.
No further questions.
Don't have any choice.
She's a confused, frightened little girl.
I don't know how she'll do on the stand.
If we can get her to say what she said to Stark She's talked to too many people.
She can't remember what happened.
Olivet prepped her six times.
Six different answers.
We don't put her on, the jury's gonna wonder what we're hiding.
The wife and What's her name, Stark? Yeah, the two of them tied your hands behind your back and then asked you to swim.
And they sullied every piece of testimony we needed.
Not to mention the wife looked jealous on the stand and that doctor He defined the word "zealot.
" The child's gonna have to talk to the jury and tell them what happened.
People always wanna talk about Daddy.
We'd like to know a few things that your daddy did.
You mean the bad things? That's right.
Why should I talk to you? We wanna make sure that your daddy doesn't do the bad things again.
Mommy says you're going to put him in jail.
Why do you think your mommy would say that? Because I told her it was bad where Daddy touched me.
And how many times did he touch you? Ramona said he did it a lot.
She's real mad, too.
Now what Ramona says doesn't matter.
What matters is what you remember.
I told you.
Daddy touched me, and Ramona and Mommy said he's bad.
Aside from touching you, what are some of the other things that your daddy did? I don't know what I'm supposed to say.
I forgot.
Samantha, thank you.
Thank you for talking with us.
Samantha, do you have puzzles like that at home? I have bigger ones in my room.
At your daddy's house? I have a big room next to Christina's.
Does Daddy do puzzles with you? Daddy doesn't like puzzles.
We watch movies.
You love your Daddy, don't you, Samantha? You don't wanna see him go to jail, do you? Your Honor? Let's back away from that, Mr.
Teller.
Hmm? Has your daddy done anything to you that you think he should be punished for? Mommy says Daddy won't let me go to France.
He won't let you go to France? To live with Mommy and her boyfriend, where I can have a pony.
No more questions.
You wanted to leave the country.
To do that you needed full custody, right? I wanted to protect her from her father.
What's wrong with that? What is wrong is that a jury can now be persuaded that you wanted full custody for other reasons.
You withheld crucial information.
That doesn't change what happened.
In a jury's mind it might.
Are you saying Mrs.
Silver lied? No, what I'm saying is that the clarity of the case rests on Samantha, and your client and Mrs.
Stark had other agendas.
They've so muddied the water I don't know what a jury'll believe.
We wanted to protect the child.
You put so many ideas in her head she can't tell us anything clearly.
When when Samantha told me about the showers, and that that that girl naked in the house, what was I supposed to do? Samantha was mixed up today.
The jury knows what the father did.
I hope you're right.
Has the jury reached a verdict? Yes, we have, Your Honor.
On the sole count of the indictment, the charge of sexual abuse in the first degree, how does the jury find? We find the defendant not guilty.
No.
The girl is gone.
And Janet Silver refuses to say where she is.
She'll have to produce the child.
The husband has a court order.
And now I've got to make a victim out of the mother.
She's the one going to jail.
I only see one victim here.
And she's only 7 years old.