Law & Order (1990) s03e14 Episode Script
Promises to Keep
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.
This is nuts.
I'm not doing this after 7:00 again.
Honey, we're not exactly alone here.
Two kids come up with knives, and these yups will run to our rescue? This is no way to lose weight.
Maybe I'll get my stomach stapled.
Honey, you have an eating disorder.
You need professional help.
Sam? Plastic jogging suits, $400.
Whatever happened to sweatpants? If I wanna be warm for a late-night run, I'd rather go to Florida.
Girl was strangled.
Lividity, the rigor, I'd say three hours tops.
No sign of rape.
Gorham, Jennifer, 31.
Doctor at St.
Theresa's.
Guy grabs her purse, was running down Central Park West tossing stuff out as he goes.
Found the pills at 90th Street, the make-up thing at 86.
Has her initials.
Checkbook at 78th.
No cash, no plastic.
You gonna ask him, Lennie? Breaks my heart.
Hate to make him look stupid.
Detectives Einstein and Galileo, excuse me.
You think, uh, that this young lady was homeless? This a trick question? The keys, did you find the keys? See, if you don't find a key ring, it means maybe somebody else has it.
Go check the breadcrumb trail again, and in the meantime, put somebody on her door so that nobody gets inside.
First-year guys, like puppies.
You gotta show them the stick before you throw it.
And the flashlight? Thank you.
Judging from the bruises, I'd say he went at her from the front.
He must have been staring straight at her.
If you're thinking prints, forget it.
He wore gloves.
You're gonna take somebody's purse I know you bash her head in, stick a knife in her ribs, you pull on the strap until it snaps.
Yeah.
So, what kind of mugger strangles? Unless they knew each other.
You smell romance? Love at last sight.
Hey, you know as many crackheads as I do.
I don't know any who mug on 94th Street and break into apartments on 21st.
What did she have here he wanted? And he strangles her, he comes 50 blocks.
He leaves the TV, he leaves the VCR.
Look at this.
He leaves the desk clean.
This guy probably makes his bed in the morning.
Gentlemen, that's a Medeco lock.
He couldn't have picked that if he was Willie Sutton.
He used the keys.
I had a woman last winter, got mugged outside a fundraiser, Metropolitan Museum.
Guy takes her purse, never looks back.
He winds up with $36.
He left the fur.
Right.
Now this place, the guy went over like he was taking inventory.
This girl was killed by a junkie, then I believe Elvis is at Radio City tonight.
You have no ideas? Whatever he wanted, it wasrt on the pawnshop Top 10.
It's ground floor.
You don't need a PhD to get in.
Why strangle her and travel 50 blocks? It's one motive to kill, another to steal.
What's a doctor got, anyway? State secrets? Hospital said she changed her shift last-minute.
Didrt say where she was headed.
Cragen.
Yeah.
Thanks.
The parents never got your message, went to the apartment looking for the girl.
They're at the morgue now with the boyfriend.
Why would Jenny be in the park? She won't even take the subway.
We think your daughter may have known her attacker.
Was there anything in Jenny's apartment that somebody might've wanted? What are you saying? She was a doctor.
Ellen, I don't think that matters.
She didn't have anything valuable.
The hospital said she left in a hurry.
Did she mention any trouble? Mr.
Garrett? No, Jenny would've told me.
Something was wrong when you called.
Something bad.
I should have done something.
You called them tonight? I was worried.
She was late.
What time did you call? Around 8:15.
Geez.
God.
Never took the gloves off.
No prints on the purse or anything in it.
Hospital's on the East Side.
You walk across the park at night for exercise? Hey, the boyfriend's in the Village.
What's she doing on the West Side? What time did Danny boy say he called the parents? Mother said 8:15.
Ah, excuse me, I put on the wrong cologne today? He says he was waiting for her.
When she didn't come, so he called her parents.
He must have used a carrier pigeon.
There's no calls to anybody from his apartment after 6:30.
Did I say I was home? I went out for a walk.
You said you were waiting for Jenny.
I was upset.
I called her parents from a pay phone on the street.
Why? Does it matter? You called her parents? If somebody's looking for me, they call my precinct.
I called the hospital twice.
We were gonna do Chinese for dinner.
I thought she forgot.
Look, I-I-I'm trying to get through this.
I've got nobody to cover my classes.
I've got a 2:00.
I'm sorry.
So he was upset and went for a walk, or he wasrt and wanted to go to dinner.
Or he was worried and called the hospital.
Kid's got more stories than the Arabian Nights.
He said he used a pay phone, right? He's out on the street, he's gotta raise his voice.
Background noise? I don't remember.
Did you talk to him, Mr.
Gorham? Leonard was in the study.
Why are you asking about this? Dan and Jenny were were just like us.
They were a happy couple.
On the phone, when Dan called, maybe you heard music or traffic We know what happened.
She was attacked.
Someone broke into her apartment.
Ellen, what about the psychiatrist? It's won'th a try.
Maybe she knows something.
Dan and Jenny saw this woman together.
Nervous jitters about the wedding.
This doctor's got a big reputation.
Diane Meade.
Teaches at Physiciars Hospital.
I tell my students: "Don't think you're invulnerable just because you're young.
" Oh, this is terrible.
I don't know how much help I can be.
I only saw her briefly.
We're thinking whoever killed her might have known her.
Her boyfriend was also one of your patients.
Danny? Detective, you might as well ask if she strangled herself.
Mr.
Garrett seems a little edgy.
Well, his girlfriend's just been murdered.
If you're asking if they had a history of violence, the answer is no.
History changes.
She was attacked this week.
I'm her psychiatrist.
I would know.
Can't you tell us anything that might have led to her being killed? There is one thing.
I don't know if it's significant.
She had a self-esteem problem.
If she felt insecure, she might drink too much, make passes at men.
It was just for the attention.
She'd never follow through.
If I was her boyfriend, I'd have a follow-through of my own.
Dan didn't know.
Jenny told me this in her own session.
I feel a little uncomfortable talking about my patients.
You said she might drink too much? She was a surgical resident.
I didn't say she had a drinking problem.
I can't believe it affected her work.
You've got the wrong doctor.
I supervised her on rounds.
Well, unless I'm reading the wrong newspapers, doctors aren't exactly strangers to substance abuse.
I sat next to Jenny at the annual picnic.
A drinker? Two glasses of champagne, she switched to mineral water.
I'm not saying she was a picture of bliss.
Surgeons never are.
Most people aren't blissful, doctor, but not many of them wind up getting strangled in Central Park.
You don't think she was mugged? I, uh, I pulled her file when you called.
Now, I don't know if it means anything but two, three months ago, late, end of her shift, her boyfriend, Mr.
Garrett, came by to pick her up.
Apparently he was a little wired.
She took him upstairs.
To cool him down? To the psychiatric ward.
I wouldn't give you information about a homeless methadone case.
Obviously I can't release records about one of our own residents.
Listen, doc, she brought him up here, she wasrt a patient.
We really do have to know.
And they say doctors are bullies.
There are rules.
Now, if you could think of a way I wouldn't violate them You mean like if a murderer was about to flee? Is that gonna happen? You don't wanna know.
Garrett, Daniel.
October 12, 10:40 p.
m.
Highly agitated, given intravenous meroxin, checked out 11:58.
They doped him up and let him go? We wanted to keep him here.
According to this, it was One Flew Over the Cuckoo's Nest.
Our resident and his psychiatrist.
Read between the lines.
They practically threw furniture at each other.
Who was throwing what? Who checked him out? His private psychiatrist.
Made a lot of noise.
Dr.
Diane Meade.
It was a bad week.
My computer crashed.
I lost 40 pages.
My son said he made a mistake.
He shouldn't have been in a hospital.
Mom.
Why are you doing this? You tell her parents you think I killed her.
You embarrass me with her mother.
I stayed in the hospital to calm down Jenny.
Your girlfriend always try to commit you when things werert going too well? Or were you there because she drank and hit on other men? Your therapist tells us maybe you werert enough.
Dr.
Meade talked to you? About me and Jenny? Dr.
Meade wouldn't do that.
Hey, my girlfriend went after other guys, I could lose my temper.
That's a lie.
Dr.
Meade wouldn't say that.
You've done damage to my patient.
I told you that in confidence.
You didn't tell us he was still your patient.
I'm in a difficult position.
My former patient of mine is murdered.
My code of ethics says I'm not even supposed to tell you who my patients are.
Doc, we opened the door, you could've pushed us through.
Miss Gorham was a young doctor.
Her instinct with someone she loved was to put him in the hospital.
Understandable, admirable, and wrong.
All right, let's be clear about this.
The hospital admitted him, and they gave him the drugs.
If I went in there with a mild panic attack, they'd sedate me.
Dr.
Meade, you told us Jenny Gorham drank.
Now, how come no one else noticed, including Mr.
Garrett? We do all kinds of things.
The people we love don't always know.
I've looked at my responsibility here.
I've decided what I can and can't say.
I've already said too much.
We told her the first time that we saw her the kid was a suspect.
Yeah, privilege or not, she could've told us that she bailed him out of a hospital.
Fellas, when you're finished tag-teaming the doc, let me remind you that she's protected by statute from giving patient information.
Maybe you've heard malpractice insurance costs more than the debt of Bolivia.
Well, I'm not planning to sue her.
ME's report on the Gorham girl.
Better than bedside reading.
Blood alcohol level, 0.
15.
Are we wrong about this? What, she got drunk and picked up the wrong guy? They found her at 94th, right? How many bars you think there are in 10 square blocks? I eat any more peanuts, I'm gonna be sick.
What's the matter? It brings back bad memories? I can't complain about those.
Just the morning after.
Well, how many more bars you wanna hit? Until we find out something, or until I finally order a drink.
Who's this? Natalie Wood? I don't think she's been in here.
I think she drowned out in California.
You know, I missed your act at the Improv.
Now, you wanna tell me if you recognize her or not? Used to come in once a week.
Boy-did-I-have-a-hard-day- on-the-phone.
After-work office crowd.
I don't know, I felt sorry for her.
She sat alone, gobbled up happy-hour food.
Boss didn't like it.
Sucking up chicken wings, not buying drinks.
What did she drink? Seltzer, straight up.
Till a week ago, she comes in, really quiet.
Sits down looking at her watch, like she's supposed to meet somebody.
This time it's gin, enough to fill the tub.
You know, it's like the Twilight Zone.
Everybody says she didn't drink.
The bartender says seltzer, except for last week.
Yeah, and the shrink says she drank all the time.
Like she knows the girl was loaded when she got hit.
Oh, so now it's a conspiracy.
The doc makes up a story about the girl's drinking to cover the Garrett kid.
We're missing something.
Yeah, well, let's start with "M" for "motive.
" No, that's not what I mean.
Look, we found the girl in the park at 94th street.
She got hammered on gin at the Elephant Bar here.
Stuff from her purse we found here, here, and here.
Okay, so where's the buried treasure? Here.
Central Park West.
Dr.
Diane Meade.
What, and the dead girl had an appointment with her? Dr.
Meade said she was briefly a patient.
The Garrett kid still is.
Okay, she's sittir in the bar, she checks her watch, she gets up and leaves.
So what if the boyfriend's gettir his head shrunk? She goes over to meet him.
They walk uptown, go into the park, and he kills her.
The shrink forgot to tell you he had an appointment? I got a feeling there's a lot this shrink forgot to tell us.
Okay.
Let's call the boyfriend in for a chat.
You finally figure it out, Danny? What the hell were you looking for in Jennifer's apartment? I don't know what you're talking about.
After you dragged her into the park.
What did you want? Listen to me, you piece of crap.
You emptied her desk.
You got fingerprints on the handles.
That's not true.
Oh, but you did go to the apartment.
What happened that night? She tease you? She tell you about her other boyfriends? Is this kid ever gonna ask for a lawyer? We offered twice, he won't ask.
He thinks it'll make him look guilty.
You been sitting here an hour, telling one lie after another! I think that's your cue.
Hey, Lennie.
You wanted to kill her, didn't you? But you had to wait till she was drunk! Hey! Come on! Come on! Don't do that.
What are you doing? Come on.
What are you doir? I'm sorry.
Look, he's a little high-strung.
You want some coffee? We got a soda machine, you need a soda? You want anything? I'm sorry about that.
I wanna help you, Dan.
So, let's just start at the beginning, okay? W- Why was Jenny gonna meet you? She was my girlfriend.
Yeah, I know.
I mean, but Was there any trouble between you? I mean, she was pretty looped.
Dan, listen to me.
You're gonna feel a lot better if you just tell us.
I didn't kill her.
I already know you killed her, Dan.
I just wanna know how it happened.
You told Dr.
Meade, right? Eventually she's gonna have to tell us.
She won't tell you anything.
Dent number one: He admits he told the shrink.
Donny gets the toaster oven.
Well.
You figure he saw the shrink before he did it? He strangles her, freaks.
Where'd he call the parents from? Dr.
Meade's office.
Call to the Gorhams, 8:19.
Uh-huh.
Who did this, huh, pal? You didn't even have the decency to cover her up.
Would you stop it, please? The kid feels bad enough as it is.
Come on.
You do feel bad, don't you? You went to Dr.
Meade's, and you asked for help.
You even called Jenny's parents from her office, right? She was pretty.
It was her birthday this week, wasrt it? I just wanted it to be okay.
I couldn't be with both of them.
You couldn't be with who, Dan? If she just brought the diary.
She was supposed to bring it.
You gotta understand, I need her.
She wanted me.
Jenny didn't understand.
It wasrt just the sex.
I have to be with her.
I need her.
Yeah, sure.
You needed Jenny.
No.
Diane.
Diane? Dr.
Meade.
At least consider the possibility.
Depraved.
Indifference.
Murder two.
Manslaughter.
Extreme emotional disturbance.
He was having a love affair with his shrink.
Even if it's true, he admitted motive.
You're in the hospital for gallbladder surgery, they cut your leg.
You don't think that happens in psychiatry? He went in well, he came out sick.
Says Mr.
Garrett.
Ben, he did not intend to kill the girl.
It became a tug of war: The shrink versus Jenny Gorham.
You know how strongly I feel? I got a show cause order.
Dr.
Meade is barred from visiting him at Rikers.
Carol, before we plead him, I've gotta know more about his state of mind.
Okay.
Send in your shrink.
I guarantee, you won't be asking 25-to-life.
I don't know how it happened.
You loved her.
I didn't think anybody could love me.
Do you still feel that way? Dan, I need to see the records of your treatment.
It doesn't matter.
It does matter.
You don't wanna hurt Diane, do you? The records could help us keep you out of prison.
I need your permission.
Okay.
Was it Jenny's idea to see a therapist? Mine.
No, maybe hers.
I wanted it to work.
She didn't like it.
She thought Dr.
Meade was on your side.
If only she'd brought the diary.
Tell me about the diary.
It's just my thoughts and feelings.
About your affair with Diane.
You didn't think anyone would read it.
But Jenny did.
I had to get it back.
I couldn't lose Diane.
She said she couldn't see me again.
You found the diary at Jenny's.
I didn't.
I don't know where it is.
You still want to see Diane, don't you? Does Diane know I'm here? Could you tell her? Could you tell her I have to see her? You invaded her office.
We had a warrant, Larry.
A subpoena would've been fine.
We were concerned that Dr.
Meade's patient records might not exist after the subpoena.
We're interested in her actions in this case.
Aha, reality's on vacation.
Are you suggesting that it's my fault? He was angry, but nobody could've foreseen he would hurt somebody.
Mr.
Garrett says you were having a love affair.
I'm his psychiatrist.
Besides, I'm old enough to be his mother.
Uh, Doctor, Daniel Garrett was at your office the night he killed Jennifer Gorham.
I was going over some notes, and I asked him to wait in the living room.
About ten minutes later he said he'd changed his mind and he wanted to go home.
He certainly didn't tell me he killed the girl.
I'm getting a strange sensation here.
What is it, the coffee? You thinking of charging Dr.
Meade? Uh, maybe we can settle this before it gets any further.
Doctor, would you be willing to meet with Elizabeth Olivet, our psychiatrist? Diane, I I I urge you Larry, I've nothing to hide.
Diane, I remind you that my Please.
Have Dr.
Olivet call me for an appointment.
It's hard to tell from your notes.
Do you take long notes? My patients, if I write something, they want to know why.
Well, do you have to tell 'em? I don't wanna fight for control of this session.
I'm basically an Adlerian, anyway.
I never bought Adler.
Everything's about power.
It's the human experience.
The need for control.
You saw my conclusions.
The Gorham woman, Dan, ignored as children, wanted from each other what their parents took away.
What did you want from him? Elizabeth.
Are you neutral here? Were you neutral with Dan Garrett? Dan fantasized a sexual relationship with me.
It didn't exist.
I can't imagine it hasn't happened to you.
My turn for a question.
You have a patient.
You do your best.
He commits suicide.
Do you feel responsible? If I was having sex with him, I might.
I wasrt.
There's no room for debate.
You want us to plead him? Dan Garrett had no capacity to form intent.
Diane Meade turned him into a dependent child.
Isn't motive intent? He wanted to protect the shrink.
Listen to what you're saying.
It was her job to protect him.
"Tell me about your mother.
" "What are your deepest sexual fantasies?" This is what a patient tells his psychiatrist.
He gives up his entire self.
Diane Meade turned Dan Garrett into a stick of dynamite and lit the fuse.
Yeah, but, Liz, you're not suggesting we indict Diane Meade? I'll testify at the grand jury.
Lawyers don't criticize lawyers.
You've something personal here? I mean about psychiatrists? When they sleep with their patients, I sure do.
She's strong, he's weak.
And he lied about the diary.
He found it.
He's terrified of turning on her.
So, according to you, Meade killed the girl and the boy was just the instrument.
That's a fair translation.
You want us to do what? The medical establishment will have my head for breakfast.
Forget the public relations, Adam.
Think about the law.
What's the theory? His doctor ordered the boy to kill his girlfriend? She created a situation in which she knew it could happen.
The boy had no defenses, his identity depended on Dr.
Meade.
I see.
Prosecution based on mind control.
Most juries think psychiatry is witchcraft.
Well, we'll tell them otherwise.
I talked to her.
I read her notes.
Dan Garrett went into her office unappy and confused.
When she was done, he couldn't live without her.
The most important relationship of his life, she threatens to cut him off.
She had to know he could turn violent.
That's the law we're talking about: Reckless disregard.
She's successful, respected.
Why'd she do it? Who can explain sexual obsessions? Many psychiatrists have fantasies of their patients.
Most of us handle it.
She crossed the line.
The boy murdered the girl.
His doctor didn't have her hands around the girl's neck.
We hold psychiatrists responsible for their patients' behavior.
Yes, in civil cases.
They pay damages, it's called malpractice.
Seven states, Adam.
It is a crime for a therapist to have sex with her patient.
Has any psychiatrist ever been held criminally responsible for his patient's behavior? That's the glory of the system.
First time sets precedent.
I don't wanna think where this is heading.
The boy is your case.
Find a way to make the jury believe him.
And Briscoe and Logan talked to all their friends.
Not one of them backed up the kid.
Jenny Gorham was ashamed.
Think she'd tell anyone she's not having sex with her boyfriend because he's doing it with his therapist? A jury needs a reason to believe him, assuming he'll even testify.
And with all due respect, Liz, I need a reason.
Do you think Meade would visit the kid if she could? Yeah, I think she has to be worried.
So we call Carol Janssen, have that show cause order lifted, and make sure the kid knows about it.
A warrant to tape? Oh, Ben, we can't tape him.
He's a defendant.
Not if we plead him.
So drop the papers tonight, and the kid cannot know about the taping.
You look tired.
It's hard to sleep in here.
Diane, I wanna kill myself.
I'll never have to please anybody again.
You're still angry.
No, I'm not angry, Danny.
The lawyer told me to do it.
Don't you still love me? I can't get through this without you.
I need you to put your arms around me.
We don't know how long you're gonna be in jail.
I need to make love to you.
I think about it at night, I can't sleep.
I'll protect you.
Will you take care of me? What else are you gonna tell them? I wouldn't have told them about us.
I was scared.
You're still scared, Danny.
No.
No, I'm not.
I'm scared you don't love me.
Me loves you.
Me loves you, too.
Me misses you a lot.
Me misses you, too.
She didn't say they had sex.
He said it.
It backs up his credibility on everything else.
Uh-huh.
On the way out.
Diane Meade, you're under arrest for the murder of Jennifer Gorham.
You've the right to remain silent.
Anything you do say can and will be used against you in a court of law.
You have the right to an attorney.
Taping in a prison visiting room.
Do they plan on tapping my phone? I won't be giving them a warrant for that, Mr.
Webber.
No right to counsel has been violated.
Mr.
Garrett had a plea bargain.
That is not the issue here.
What happened to patient privilege? It's his privilege.
He waived it.
She had an expectation of privacy.
Excuse me, gentlemen.
Can we get on to the larger issue? Ben, Mr.
Garrett's plea, when was it entered? The agreement is in place.
The entering it is just a formality.
What is this, a dinner party? Who gets the gold napkin ring? Plea is final when approved by a court.
Your Honor, with all due respect, his rights are not at stake here.
It's a constitutional right, so what if he didn't get hurt? Privacy expectatiors a little muddy.
Difficult case.
Crummy warrant.
The tape is inadmissible.
Constitutional right to counsel.
He was looking for a reason to exclude the tape.
Reads the editorial page.
Psychiatrists have better lobbyists than oil companies.
What kind of witness is this kid? We don't know.
Olivet will be good on the stand.
Put me on the stand.
I'll be good, too.
Wanna go ahead? Indict for man two.
Leaves you room to bring it down.
You still need to back up the kid.
What about the diary? Supports his testimony.
Yeah.
I read your memos like holy writ.
I don't have his diary.
Paul, call Liz.
Tell her I wanna see the Garrett kid as soon as possible.
Diane said she'd leave you.
She threatened you.
Is that how we treat people we love? Dan? You did find the diary at Jenny's.
Dan? Dan? We're trying to make this work for you.
You gotta help us make it work for us.
We need your diary to convince a jury.
So you put Diane in jail? If she's responsible, maybe.
It's at my mother's place in the bottom drawer of my dresser.
The relationship between a patient and a psychiatrist is one of the most powerful in the patient's life.
Why is it so powerful? Patients are desperate for help.
They put all their faith in a therapist as an authority.
So they're susceptible to almost anything the therapist says.
How would you characterize sex between a patient and a therapist? It's exploitation and abuse.
Even if the patient wants a sexual relationship the therapist should know that it's not based on love but dependence.
The alleged sexual relationship between Dr.
Meade and Mr.
Garrett, how would that affect Mr.
Garrett? Objection.
Counsel will approach.
She can't testify about the boy's state of mind.
He'll do that himself.
Uh, People v.
Cowell.
Your Honor, testimony on state of mind is allowed when the subject is beyond the jury's normal experience.
It's parallel, Mr.
Webber.
This is certainly beyond ordinary experience.
Objection overruled.
Dr.
Olivet? Dan Garrett's relationship with Dr.
Meade left him entirely dependent.
He'd become a child, as if he needed her for food.
Without her affections he literally believed he would die.
Lf, as alleged, Dr.
Meade threatened to end that relationship, do you think she would have known that Mr.
Garrett would have grown violent? Yes, I think she should've known.
Thank you.
It started as once a week.
She said I should come twice, then three times.
Some weeks I'd go every day.
Who made the appointments? Diane, Dr.
Meade.
She'd call me at home, sometimes at school in the lab, if she had a free hour I would go.
Mr.
Garrett, how often did you have sex with Dr.
Meade? Almost every session, four or five times a week, sometimes more.
And what did Dr.
Meade say about your relationship with Jennifer Gorham? She said Jenny was controlling.
She called her a manipulative bitch.
When Jenny found my diary, she told me if I didn't stop seeing Diane, she'd give the diary to the hospital and Diane would be ruined.
And what did Dr.
Meade say? She said if I didn't get it back, she'd never see me again.
Now describe for the court what happened the night you killed Jennifer Gorham.
I told Jenny I'd break up with Diane.
I tried to end it, but we made love on the couch in her office.
Jenny was waiting for me outside.
I couldn't lie to her, she got angry.
She said she didn't bring the diary.
I grabbed her.
I didn't mean to, it just happened.
Thank you.
Mr.
Garrett, all this time you were seeing Dr.
Meade, were you, uh, happy? I was depressed.
I didn't know what was happening to my life.
So you needed professional help.
Now, you testified that Dr.
Meade would no longer see you unless you broke up with Miss Gorham.
Did Dr.
Meade tell you this was necessary for your mental health? She said I was too dependent.
Did she tell you that after a period away from Miss Gorham that you might be able to re-establish the relationship in a healthy way? No, she said I could be with her.
That we'd always be together.
And you wanted to spend your life with her, didn't you? I thought about her all the time.
You you were obsessed by her.
Now, are you testifying that Dr.
Meade was obsessed with you? She said we could be together, she promised me.
Mr.
Garrett, did Dr.
Meade tell you to strangle Jennifer Gorham? No, of course not.
I needed Diane! I couldn't go on without her.
They believed him.
She's in a bind, Adam.
Can she admit she had sex with him? The jury already thinks she did.
Is this about facts? There are no facts.
You wanna believe she was reckless, define "reckless.
" She threatened him, he was volatile, she knew.
She's guilty.
Emotions plus logic, just hope that they put them together the way you do.
Yeah.
Oh, no.
Thank you.
The Garrett boy is in the Rikers hospital ward.
Tried to hang himself in his cell.
Mr.
Garrett was very depressed.
Clinically it's called a borderline disorder.
Feelings of power mixed with deep insecurity.
Did you have a sexual relationship with Mr.
Garrett? Yes, I did.
Is that considered ethical? No, it's not.
I felt he needed untraditional methods to learn to trust.
To see another human being as giving.
I admit it was unconventional.
And yet you went ahead.
One of the central ideas of therapy is to give a patient a safe place to do and say anything.
Mr.
Garrett felt he couldn't be loved.
I wanted to show him he could.
Did you ever suspect that he might be capable of violence toward Jennifer Gorham? No, I regret I didn't see that.
I consider it a personal failure.
Thank you.
Your witness.
Uh, Dr.
Meade, you really have me confused.
Are you now testifying that you were not in love with Daniel Garrett? I may have become over involved with him.
But I was in control of the situation.
In control of Dan Garrett? Of my involvement with him.
Well, do you normally, uh, charge people money to have sex? It was therapy, Mr.
Stone, not prostitution.
But you didn't always charge him.
So does that mean that you wanted to have sex with him? Like many therapists, when my patients can't afford my rates, I reduce them.
This is, uh, People's Exhibit Number Seven.
It is Daniel Garrett's diary.
Would you please read from the first marked passage? "Diane told me to curl up on the floor and call her 'Mommy.
' "If I get rid of Jenny, "she says she'll be my mommy forever.
Then we had incredible sex.
" I never told him to get rid of her.
He was in the fetal position to experience his infantile need for protection.
Would you please read the second marked passage? "Diane gave me a pillow.
"She said, 'Pretend it's Jenny.
' "She said, 'Beat the pillow.
' I got sexually excited.
We did it on the floor.
" Now, Dr.
Meade, is that standard practice, having sex on the floor? And is it meant to help him or is it, indeed, meant to make him more dependent on you? I want to release my patients from dependence, not create it.
Isn't it true that you told Daniel Garrett to get rid of Jennifer Gorham? No, it's not.
And isn't it true that you knew he was dependent on you and that he'd grow violent when he confronted the threat of losing you? I never threatened Dan Garrett.
Doctor, do you feel any responsibility for the death of Jennifer Gorham? I tried to heal a wounded man.
I failed, but I tried.
I don't care why they convict her.
So long as she has no chance to do it again.
Robinette.
Uh-huh.
Just a minute.
Webber and Meade.
Send them in.
Elizabeth.
Diane.
Dr.
Meade's prepared to end this.
I'll surrender my medical license, no hearing, no dispute.
Uh, Dr.
Meade, the State will hold a hearing, and that tape with you and Daniel Garrett will not be excluded.
You'll lose your license anyway.
Reckless endangerment two.
A misdemeanor? Man two, six months.
I told her, "Don't admit anything.
" But she's afraid they'll convict on the sex alone.
Criminally negligent, D felony.
No time.
Give us a minute.
She admits she's responsible.
Does it make it easier to keep Danny out of jail? Perhaps, but if they acquit, everybody forgets it happened.
And she sees patients without a license.
This way, she pleads to a felony.
They won't be lining up at her door.
Finally, Dr.
Meade, do you understand you are pleading guilty to criminally negligent homicide in the death of Jennifer Gorham? Yes, I do.
Defendant is sentenced to five years probation and will surrender her license to practice medicine in the State of New York.
Mr.
Garrett, do you understand you are pleading to the crime of manslaughter in the second degree? Yes, I understand.
Mr.
Stone, you're asking for Mr.
Garrett to be sentenced to four years in a state mental facility.
He's pleading to manslaughter.
Isn't a prison sentence appropriate? Your Honor, you must know that this office did not make this recommendation lightly.
Yes, I understand.
L I really think we must ask ourselves what happens when a young man turns his life over to a person trained in the human psyche, someone who abuses his trust, and someone who knew how to manipulate him because her profession demands that she know that.
Now, Dr.
Meade admitted her responsibility.
Certainly that mitigates Mr.
Garrett's.
And finally, the People are concerned that the defendant may not survive his prison term.
In effect as a death sentence, Your Honor.
I'm moved by your compassion, Mr.
Stone.
But I'm afraid I don't agree.
Dr.
Meade has admitted to negligence.
Mr.
Garrett has caused the death of another human being.
One is clearly worse than the other.
This court sentences Mr.
Garrett to serve a prison term of no less than four and no more than 12 years.
Sentence fits the crime.
Court is adjourned.
Diane?
These are their stories.
This is nuts.
I'm not doing this after 7:00 again.
Honey, we're not exactly alone here.
Two kids come up with knives, and these yups will run to our rescue? This is no way to lose weight.
Maybe I'll get my stomach stapled.
Honey, you have an eating disorder.
You need professional help.
Sam? Plastic jogging suits, $400.
Whatever happened to sweatpants? If I wanna be warm for a late-night run, I'd rather go to Florida.
Girl was strangled.
Lividity, the rigor, I'd say three hours tops.
No sign of rape.
Gorham, Jennifer, 31.
Doctor at St.
Theresa's.
Guy grabs her purse, was running down Central Park West tossing stuff out as he goes.
Found the pills at 90th Street, the make-up thing at 86.
Has her initials.
Checkbook at 78th.
No cash, no plastic.
You gonna ask him, Lennie? Breaks my heart.
Hate to make him look stupid.
Detectives Einstein and Galileo, excuse me.
You think, uh, that this young lady was homeless? This a trick question? The keys, did you find the keys? See, if you don't find a key ring, it means maybe somebody else has it.
Go check the breadcrumb trail again, and in the meantime, put somebody on her door so that nobody gets inside.
First-year guys, like puppies.
You gotta show them the stick before you throw it.
And the flashlight? Thank you.
Judging from the bruises, I'd say he went at her from the front.
He must have been staring straight at her.
If you're thinking prints, forget it.
He wore gloves.
You're gonna take somebody's purse I know you bash her head in, stick a knife in her ribs, you pull on the strap until it snaps.
Yeah.
So, what kind of mugger strangles? Unless they knew each other.
You smell romance? Love at last sight.
Hey, you know as many crackheads as I do.
I don't know any who mug on 94th Street and break into apartments on 21st.
What did she have here he wanted? And he strangles her, he comes 50 blocks.
He leaves the TV, he leaves the VCR.
Look at this.
He leaves the desk clean.
This guy probably makes his bed in the morning.
Gentlemen, that's a Medeco lock.
He couldn't have picked that if he was Willie Sutton.
He used the keys.
I had a woman last winter, got mugged outside a fundraiser, Metropolitan Museum.
Guy takes her purse, never looks back.
He winds up with $36.
He left the fur.
Right.
Now this place, the guy went over like he was taking inventory.
This girl was killed by a junkie, then I believe Elvis is at Radio City tonight.
You have no ideas? Whatever he wanted, it wasrt on the pawnshop Top 10.
It's ground floor.
You don't need a PhD to get in.
Why strangle her and travel 50 blocks? It's one motive to kill, another to steal.
What's a doctor got, anyway? State secrets? Hospital said she changed her shift last-minute.
Didrt say where she was headed.
Cragen.
Yeah.
Thanks.
The parents never got your message, went to the apartment looking for the girl.
They're at the morgue now with the boyfriend.
Why would Jenny be in the park? She won't even take the subway.
We think your daughter may have known her attacker.
Was there anything in Jenny's apartment that somebody might've wanted? What are you saying? She was a doctor.
Ellen, I don't think that matters.
She didn't have anything valuable.
The hospital said she left in a hurry.
Did she mention any trouble? Mr.
Garrett? No, Jenny would've told me.
Something was wrong when you called.
Something bad.
I should have done something.
You called them tonight? I was worried.
She was late.
What time did you call? Around 8:15.
Geez.
God.
Never took the gloves off.
No prints on the purse or anything in it.
Hospital's on the East Side.
You walk across the park at night for exercise? Hey, the boyfriend's in the Village.
What's she doing on the West Side? What time did Danny boy say he called the parents? Mother said 8:15.
Ah, excuse me, I put on the wrong cologne today? He says he was waiting for her.
When she didn't come, so he called her parents.
He must have used a carrier pigeon.
There's no calls to anybody from his apartment after 6:30.
Did I say I was home? I went out for a walk.
You said you were waiting for Jenny.
I was upset.
I called her parents from a pay phone on the street.
Why? Does it matter? You called her parents? If somebody's looking for me, they call my precinct.
I called the hospital twice.
We were gonna do Chinese for dinner.
I thought she forgot.
Look, I-I-I'm trying to get through this.
I've got nobody to cover my classes.
I've got a 2:00.
I'm sorry.
So he was upset and went for a walk, or he wasrt and wanted to go to dinner.
Or he was worried and called the hospital.
Kid's got more stories than the Arabian Nights.
He said he used a pay phone, right? He's out on the street, he's gotta raise his voice.
Background noise? I don't remember.
Did you talk to him, Mr.
Gorham? Leonard was in the study.
Why are you asking about this? Dan and Jenny were were just like us.
They were a happy couple.
On the phone, when Dan called, maybe you heard music or traffic We know what happened.
She was attacked.
Someone broke into her apartment.
Ellen, what about the psychiatrist? It's won'th a try.
Maybe she knows something.
Dan and Jenny saw this woman together.
Nervous jitters about the wedding.
This doctor's got a big reputation.
Diane Meade.
Teaches at Physiciars Hospital.
I tell my students: "Don't think you're invulnerable just because you're young.
" Oh, this is terrible.
I don't know how much help I can be.
I only saw her briefly.
We're thinking whoever killed her might have known her.
Her boyfriend was also one of your patients.
Danny? Detective, you might as well ask if she strangled herself.
Mr.
Garrett seems a little edgy.
Well, his girlfriend's just been murdered.
If you're asking if they had a history of violence, the answer is no.
History changes.
She was attacked this week.
I'm her psychiatrist.
I would know.
Can't you tell us anything that might have led to her being killed? There is one thing.
I don't know if it's significant.
She had a self-esteem problem.
If she felt insecure, she might drink too much, make passes at men.
It was just for the attention.
She'd never follow through.
If I was her boyfriend, I'd have a follow-through of my own.
Dan didn't know.
Jenny told me this in her own session.
I feel a little uncomfortable talking about my patients.
You said she might drink too much? She was a surgical resident.
I didn't say she had a drinking problem.
I can't believe it affected her work.
You've got the wrong doctor.
I supervised her on rounds.
Well, unless I'm reading the wrong newspapers, doctors aren't exactly strangers to substance abuse.
I sat next to Jenny at the annual picnic.
A drinker? Two glasses of champagne, she switched to mineral water.
I'm not saying she was a picture of bliss.
Surgeons never are.
Most people aren't blissful, doctor, but not many of them wind up getting strangled in Central Park.
You don't think she was mugged? I, uh, I pulled her file when you called.
Now, I don't know if it means anything but two, three months ago, late, end of her shift, her boyfriend, Mr.
Garrett, came by to pick her up.
Apparently he was a little wired.
She took him upstairs.
To cool him down? To the psychiatric ward.
I wouldn't give you information about a homeless methadone case.
Obviously I can't release records about one of our own residents.
Listen, doc, she brought him up here, she wasrt a patient.
We really do have to know.
And they say doctors are bullies.
There are rules.
Now, if you could think of a way I wouldn't violate them You mean like if a murderer was about to flee? Is that gonna happen? You don't wanna know.
Garrett, Daniel.
October 12, 10:40 p.
m.
Highly agitated, given intravenous meroxin, checked out 11:58.
They doped him up and let him go? We wanted to keep him here.
According to this, it was One Flew Over the Cuckoo's Nest.
Our resident and his psychiatrist.
Read between the lines.
They practically threw furniture at each other.
Who was throwing what? Who checked him out? His private psychiatrist.
Made a lot of noise.
Dr.
Diane Meade.
It was a bad week.
My computer crashed.
I lost 40 pages.
My son said he made a mistake.
He shouldn't have been in a hospital.
Mom.
Why are you doing this? You tell her parents you think I killed her.
You embarrass me with her mother.
I stayed in the hospital to calm down Jenny.
Your girlfriend always try to commit you when things werert going too well? Or were you there because she drank and hit on other men? Your therapist tells us maybe you werert enough.
Dr.
Meade talked to you? About me and Jenny? Dr.
Meade wouldn't do that.
Hey, my girlfriend went after other guys, I could lose my temper.
That's a lie.
Dr.
Meade wouldn't say that.
You've done damage to my patient.
I told you that in confidence.
You didn't tell us he was still your patient.
I'm in a difficult position.
My former patient of mine is murdered.
My code of ethics says I'm not even supposed to tell you who my patients are.
Doc, we opened the door, you could've pushed us through.
Miss Gorham was a young doctor.
Her instinct with someone she loved was to put him in the hospital.
Understandable, admirable, and wrong.
All right, let's be clear about this.
The hospital admitted him, and they gave him the drugs.
If I went in there with a mild panic attack, they'd sedate me.
Dr.
Meade, you told us Jenny Gorham drank.
Now, how come no one else noticed, including Mr.
Garrett? We do all kinds of things.
The people we love don't always know.
I've looked at my responsibility here.
I've decided what I can and can't say.
I've already said too much.
We told her the first time that we saw her the kid was a suspect.
Yeah, privilege or not, she could've told us that she bailed him out of a hospital.
Fellas, when you're finished tag-teaming the doc, let me remind you that she's protected by statute from giving patient information.
Maybe you've heard malpractice insurance costs more than the debt of Bolivia.
Well, I'm not planning to sue her.
ME's report on the Gorham girl.
Better than bedside reading.
Blood alcohol level, 0.
15.
Are we wrong about this? What, she got drunk and picked up the wrong guy? They found her at 94th, right? How many bars you think there are in 10 square blocks? I eat any more peanuts, I'm gonna be sick.
What's the matter? It brings back bad memories? I can't complain about those.
Just the morning after.
Well, how many more bars you wanna hit? Until we find out something, or until I finally order a drink.
Who's this? Natalie Wood? I don't think she's been in here.
I think she drowned out in California.
You know, I missed your act at the Improv.
Now, you wanna tell me if you recognize her or not? Used to come in once a week.
Boy-did-I-have-a-hard-day- on-the-phone.
After-work office crowd.
I don't know, I felt sorry for her.
She sat alone, gobbled up happy-hour food.
Boss didn't like it.
Sucking up chicken wings, not buying drinks.
What did she drink? Seltzer, straight up.
Till a week ago, she comes in, really quiet.
Sits down looking at her watch, like she's supposed to meet somebody.
This time it's gin, enough to fill the tub.
You know, it's like the Twilight Zone.
Everybody says she didn't drink.
The bartender says seltzer, except for last week.
Yeah, and the shrink says she drank all the time.
Like she knows the girl was loaded when she got hit.
Oh, so now it's a conspiracy.
The doc makes up a story about the girl's drinking to cover the Garrett kid.
We're missing something.
Yeah, well, let's start with "M" for "motive.
" No, that's not what I mean.
Look, we found the girl in the park at 94th street.
She got hammered on gin at the Elephant Bar here.
Stuff from her purse we found here, here, and here.
Okay, so where's the buried treasure? Here.
Central Park West.
Dr.
Diane Meade.
What, and the dead girl had an appointment with her? Dr.
Meade said she was briefly a patient.
The Garrett kid still is.
Okay, she's sittir in the bar, she checks her watch, she gets up and leaves.
So what if the boyfriend's gettir his head shrunk? She goes over to meet him.
They walk uptown, go into the park, and he kills her.
The shrink forgot to tell you he had an appointment? I got a feeling there's a lot this shrink forgot to tell us.
Okay.
Let's call the boyfriend in for a chat.
You finally figure it out, Danny? What the hell were you looking for in Jennifer's apartment? I don't know what you're talking about.
After you dragged her into the park.
What did you want? Listen to me, you piece of crap.
You emptied her desk.
You got fingerprints on the handles.
That's not true.
Oh, but you did go to the apartment.
What happened that night? She tease you? She tell you about her other boyfriends? Is this kid ever gonna ask for a lawyer? We offered twice, he won't ask.
He thinks it'll make him look guilty.
You been sitting here an hour, telling one lie after another! I think that's your cue.
Hey, Lennie.
You wanted to kill her, didn't you? But you had to wait till she was drunk! Hey! Come on! Come on! Don't do that.
What are you doing? Come on.
What are you doir? I'm sorry.
Look, he's a little high-strung.
You want some coffee? We got a soda machine, you need a soda? You want anything? I'm sorry about that.
I wanna help you, Dan.
So, let's just start at the beginning, okay? W- Why was Jenny gonna meet you? She was my girlfriend.
Yeah, I know.
I mean, but Was there any trouble between you? I mean, she was pretty looped.
Dan, listen to me.
You're gonna feel a lot better if you just tell us.
I didn't kill her.
I already know you killed her, Dan.
I just wanna know how it happened.
You told Dr.
Meade, right? Eventually she's gonna have to tell us.
She won't tell you anything.
Dent number one: He admits he told the shrink.
Donny gets the toaster oven.
Well.
You figure he saw the shrink before he did it? He strangles her, freaks.
Where'd he call the parents from? Dr.
Meade's office.
Call to the Gorhams, 8:19.
Uh-huh.
Who did this, huh, pal? You didn't even have the decency to cover her up.
Would you stop it, please? The kid feels bad enough as it is.
Come on.
You do feel bad, don't you? You went to Dr.
Meade's, and you asked for help.
You even called Jenny's parents from her office, right? She was pretty.
It was her birthday this week, wasrt it? I just wanted it to be okay.
I couldn't be with both of them.
You couldn't be with who, Dan? If she just brought the diary.
She was supposed to bring it.
You gotta understand, I need her.
She wanted me.
Jenny didn't understand.
It wasrt just the sex.
I have to be with her.
I need her.
Yeah, sure.
You needed Jenny.
No.
Diane.
Diane? Dr.
Meade.
At least consider the possibility.
Depraved.
Indifference.
Murder two.
Manslaughter.
Extreme emotional disturbance.
He was having a love affair with his shrink.
Even if it's true, he admitted motive.
You're in the hospital for gallbladder surgery, they cut your leg.
You don't think that happens in psychiatry? He went in well, he came out sick.
Says Mr.
Garrett.
Ben, he did not intend to kill the girl.
It became a tug of war: The shrink versus Jenny Gorham.
You know how strongly I feel? I got a show cause order.
Dr.
Meade is barred from visiting him at Rikers.
Carol, before we plead him, I've gotta know more about his state of mind.
Okay.
Send in your shrink.
I guarantee, you won't be asking 25-to-life.
I don't know how it happened.
You loved her.
I didn't think anybody could love me.
Do you still feel that way? Dan, I need to see the records of your treatment.
It doesn't matter.
It does matter.
You don't wanna hurt Diane, do you? The records could help us keep you out of prison.
I need your permission.
Okay.
Was it Jenny's idea to see a therapist? Mine.
No, maybe hers.
I wanted it to work.
She didn't like it.
She thought Dr.
Meade was on your side.
If only she'd brought the diary.
Tell me about the diary.
It's just my thoughts and feelings.
About your affair with Diane.
You didn't think anyone would read it.
But Jenny did.
I had to get it back.
I couldn't lose Diane.
She said she couldn't see me again.
You found the diary at Jenny's.
I didn't.
I don't know where it is.
You still want to see Diane, don't you? Does Diane know I'm here? Could you tell her? Could you tell her I have to see her? You invaded her office.
We had a warrant, Larry.
A subpoena would've been fine.
We were concerned that Dr.
Meade's patient records might not exist after the subpoena.
We're interested in her actions in this case.
Aha, reality's on vacation.
Are you suggesting that it's my fault? He was angry, but nobody could've foreseen he would hurt somebody.
Mr.
Garrett says you were having a love affair.
I'm his psychiatrist.
Besides, I'm old enough to be his mother.
Uh, Doctor, Daniel Garrett was at your office the night he killed Jennifer Gorham.
I was going over some notes, and I asked him to wait in the living room.
About ten minutes later he said he'd changed his mind and he wanted to go home.
He certainly didn't tell me he killed the girl.
I'm getting a strange sensation here.
What is it, the coffee? You thinking of charging Dr.
Meade? Uh, maybe we can settle this before it gets any further.
Doctor, would you be willing to meet with Elizabeth Olivet, our psychiatrist? Diane, I I I urge you Larry, I've nothing to hide.
Diane, I remind you that my Please.
Have Dr.
Olivet call me for an appointment.
It's hard to tell from your notes.
Do you take long notes? My patients, if I write something, they want to know why.
Well, do you have to tell 'em? I don't wanna fight for control of this session.
I'm basically an Adlerian, anyway.
I never bought Adler.
Everything's about power.
It's the human experience.
The need for control.
You saw my conclusions.
The Gorham woman, Dan, ignored as children, wanted from each other what their parents took away.
What did you want from him? Elizabeth.
Are you neutral here? Were you neutral with Dan Garrett? Dan fantasized a sexual relationship with me.
It didn't exist.
I can't imagine it hasn't happened to you.
My turn for a question.
You have a patient.
You do your best.
He commits suicide.
Do you feel responsible? If I was having sex with him, I might.
I wasrt.
There's no room for debate.
You want us to plead him? Dan Garrett had no capacity to form intent.
Diane Meade turned him into a dependent child.
Isn't motive intent? He wanted to protect the shrink.
Listen to what you're saying.
It was her job to protect him.
"Tell me about your mother.
" "What are your deepest sexual fantasies?" This is what a patient tells his psychiatrist.
He gives up his entire self.
Diane Meade turned Dan Garrett into a stick of dynamite and lit the fuse.
Yeah, but, Liz, you're not suggesting we indict Diane Meade? I'll testify at the grand jury.
Lawyers don't criticize lawyers.
You've something personal here? I mean about psychiatrists? When they sleep with their patients, I sure do.
She's strong, he's weak.
And he lied about the diary.
He found it.
He's terrified of turning on her.
So, according to you, Meade killed the girl and the boy was just the instrument.
That's a fair translation.
You want us to do what? The medical establishment will have my head for breakfast.
Forget the public relations, Adam.
Think about the law.
What's the theory? His doctor ordered the boy to kill his girlfriend? She created a situation in which she knew it could happen.
The boy had no defenses, his identity depended on Dr.
Meade.
I see.
Prosecution based on mind control.
Most juries think psychiatry is witchcraft.
Well, we'll tell them otherwise.
I talked to her.
I read her notes.
Dan Garrett went into her office unappy and confused.
When she was done, he couldn't live without her.
The most important relationship of his life, she threatens to cut him off.
She had to know he could turn violent.
That's the law we're talking about: Reckless disregard.
She's successful, respected.
Why'd she do it? Who can explain sexual obsessions? Many psychiatrists have fantasies of their patients.
Most of us handle it.
She crossed the line.
The boy murdered the girl.
His doctor didn't have her hands around the girl's neck.
We hold psychiatrists responsible for their patients' behavior.
Yes, in civil cases.
They pay damages, it's called malpractice.
Seven states, Adam.
It is a crime for a therapist to have sex with her patient.
Has any psychiatrist ever been held criminally responsible for his patient's behavior? That's the glory of the system.
First time sets precedent.
I don't wanna think where this is heading.
The boy is your case.
Find a way to make the jury believe him.
And Briscoe and Logan talked to all their friends.
Not one of them backed up the kid.
Jenny Gorham was ashamed.
Think she'd tell anyone she's not having sex with her boyfriend because he's doing it with his therapist? A jury needs a reason to believe him, assuming he'll even testify.
And with all due respect, Liz, I need a reason.
Do you think Meade would visit the kid if she could? Yeah, I think she has to be worried.
So we call Carol Janssen, have that show cause order lifted, and make sure the kid knows about it.
A warrant to tape? Oh, Ben, we can't tape him.
He's a defendant.
Not if we plead him.
So drop the papers tonight, and the kid cannot know about the taping.
You look tired.
It's hard to sleep in here.
Diane, I wanna kill myself.
I'll never have to please anybody again.
You're still angry.
No, I'm not angry, Danny.
The lawyer told me to do it.
Don't you still love me? I can't get through this without you.
I need you to put your arms around me.
We don't know how long you're gonna be in jail.
I need to make love to you.
I think about it at night, I can't sleep.
I'll protect you.
Will you take care of me? What else are you gonna tell them? I wouldn't have told them about us.
I was scared.
You're still scared, Danny.
No.
No, I'm not.
I'm scared you don't love me.
Me loves you.
Me loves you, too.
Me misses you a lot.
Me misses you, too.
She didn't say they had sex.
He said it.
It backs up his credibility on everything else.
Uh-huh.
On the way out.
Diane Meade, you're under arrest for the murder of Jennifer Gorham.
You've the right to remain silent.
Anything you do say can and will be used against you in a court of law.
You have the right to an attorney.
Taping in a prison visiting room.
Do they plan on tapping my phone? I won't be giving them a warrant for that, Mr.
Webber.
No right to counsel has been violated.
Mr.
Garrett had a plea bargain.
That is not the issue here.
What happened to patient privilege? It's his privilege.
He waived it.
She had an expectation of privacy.
Excuse me, gentlemen.
Can we get on to the larger issue? Ben, Mr.
Garrett's plea, when was it entered? The agreement is in place.
The entering it is just a formality.
What is this, a dinner party? Who gets the gold napkin ring? Plea is final when approved by a court.
Your Honor, with all due respect, his rights are not at stake here.
It's a constitutional right, so what if he didn't get hurt? Privacy expectatiors a little muddy.
Difficult case.
Crummy warrant.
The tape is inadmissible.
Constitutional right to counsel.
He was looking for a reason to exclude the tape.
Reads the editorial page.
Psychiatrists have better lobbyists than oil companies.
What kind of witness is this kid? We don't know.
Olivet will be good on the stand.
Put me on the stand.
I'll be good, too.
Wanna go ahead? Indict for man two.
Leaves you room to bring it down.
You still need to back up the kid.
What about the diary? Supports his testimony.
Yeah.
I read your memos like holy writ.
I don't have his diary.
Paul, call Liz.
Tell her I wanna see the Garrett kid as soon as possible.
Diane said she'd leave you.
She threatened you.
Is that how we treat people we love? Dan? You did find the diary at Jenny's.
Dan? Dan? We're trying to make this work for you.
You gotta help us make it work for us.
We need your diary to convince a jury.
So you put Diane in jail? If she's responsible, maybe.
It's at my mother's place in the bottom drawer of my dresser.
The relationship between a patient and a psychiatrist is one of the most powerful in the patient's life.
Why is it so powerful? Patients are desperate for help.
They put all their faith in a therapist as an authority.
So they're susceptible to almost anything the therapist says.
How would you characterize sex between a patient and a therapist? It's exploitation and abuse.
Even if the patient wants a sexual relationship the therapist should know that it's not based on love but dependence.
The alleged sexual relationship between Dr.
Meade and Mr.
Garrett, how would that affect Mr.
Garrett? Objection.
Counsel will approach.
She can't testify about the boy's state of mind.
He'll do that himself.
Uh, People v.
Cowell.
Your Honor, testimony on state of mind is allowed when the subject is beyond the jury's normal experience.
It's parallel, Mr.
Webber.
This is certainly beyond ordinary experience.
Objection overruled.
Dr.
Olivet? Dan Garrett's relationship with Dr.
Meade left him entirely dependent.
He'd become a child, as if he needed her for food.
Without her affections he literally believed he would die.
Lf, as alleged, Dr.
Meade threatened to end that relationship, do you think she would have known that Mr.
Garrett would have grown violent? Yes, I think she should've known.
Thank you.
It started as once a week.
She said I should come twice, then three times.
Some weeks I'd go every day.
Who made the appointments? Diane, Dr.
Meade.
She'd call me at home, sometimes at school in the lab, if she had a free hour I would go.
Mr.
Garrett, how often did you have sex with Dr.
Meade? Almost every session, four or five times a week, sometimes more.
And what did Dr.
Meade say about your relationship with Jennifer Gorham? She said Jenny was controlling.
She called her a manipulative bitch.
When Jenny found my diary, she told me if I didn't stop seeing Diane, she'd give the diary to the hospital and Diane would be ruined.
And what did Dr.
Meade say? She said if I didn't get it back, she'd never see me again.
Now describe for the court what happened the night you killed Jennifer Gorham.
I told Jenny I'd break up with Diane.
I tried to end it, but we made love on the couch in her office.
Jenny was waiting for me outside.
I couldn't lie to her, she got angry.
She said she didn't bring the diary.
I grabbed her.
I didn't mean to, it just happened.
Thank you.
Mr.
Garrett, all this time you were seeing Dr.
Meade, were you, uh, happy? I was depressed.
I didn't know what was happening to my life.
So you needed professional help.
Now, you testified that Dr.
Meade would no longer see you unless you broke up with Miss Gorham.
Did Dr.
Meade tell you this was necessary for your mental health? She said I was too dependent.
Did she tell you that after a period away from Miss Gorham that you might be able to re-establish the relationship in a healthy way? No, she said I could be with her.
That we'd always be together.
And you wanted to spend your life with her, didn't you? I thought about her all the time.
You you were obsessed by her.
Now, are you testifying that Dr.
Meade was obsessed with you? She said we could be together, she promised me.
Mr.
Garrett, did Dr.
Meade tell you to strangle Jennifer Gorham? No, of course not.
I needed Diane! I couldn't go on without her.
They believed him.
She's in a bind, Adam.
Can she admit she had sex with him? The jury already thinks she did.
Is this about facts? There are no facts.
You wanna believe she was reckless, define "reckless.
" She threatened him, he was volatile, she knew.
She's guilty.
Emotions plus logic, just hope that they put them together the way you do.
Yeah.
Oh, no.
Thank you.
The Garrett boy is in the Rikers hospital ward.
Tried to hang himself in his cell.
Mr.
Garrett was very depressed.
Clinically it's called a borderline disorder.
Feelings of power mixed with deep insecurity.
Did you have a sexual relationship with Mr.
Garrett? Yes, I did.
Is that considered ethical? No, it's not.
I felt he needed untraditional methods to learn to trust.
To see another human being as giving.
I admit it was unconventional.
And yet you went ahead.
One of the central ideas of therapy is to give a patient a safe place to do and say anything.
Mr.
Garrett felt he couldn't be loved.
I wanted to show him he could.
Did you ever suspect that he might be capable of violence toward Jennifer Gorham? No, I regret I didn't see that.
I consider it a personal failure.
Thank you.
Your witness.
Uh, Dr.
Meade, you really have me confused.
Are you now testifying that you were not in love with Daniel Garrett? I may have become over involved with him.
But I was in control of the situation.
In control of Dan Garrett? Of my involvement with him.
Well, do you normally, uh, charge people money to have sex? It was therapy, Mr.
Stone, not prostitution.
But you didn't always charge him.
So does that mean that you wanted to have sex with him? Like many therapists, when my patients can't afford my rates, I reduce them.
This is, uh, People's Exhibit Number Seven.
It is Daniel Garrett's diary.
Would you please read from the first marked passage? "Diane told me to curl up on the floor and call her 'Mommy.
' "If I get rid of Jenny, "she says she'll be my mommy forever.
Then we had incredible sex.
" I never told him to get rid of her.
He was in the fetal position to experience his infantile need for protection.
Would you please read the second marked passage? "Diane gave me a pillow.
"She said, 'Pretend it's Jenny.
' "She said, 'Beat the pillow.
' I got sexually excited.
We did it on the floor.
" Now, Dr.
Meade, is that standard practice, having sex on the floor? And is it meant to help him or is it, indeed, meant to make him more dependent on you? I want to release my patients from dependence, not create it.
Isn't it true that you told Daniel Garrett to get rid of Jennifer Gorham? No, it's not.
And isn't it true that you knew he was dependent on you and that he'd grow violent when he confronted the threat of losing you? I never threatened Dan Garrett.
Doctor, do you feel any responsibility for the death of Jennifer Gorham? I tried to heal a wounded man.
I failed, but I tried.
I don't care why they convict her.
So long as she has no chance to do it again.
Robinette.
Uh-huh.
Just a minute.
Webber and Meade.
Send them in.
Elizabeth.
Diane.
Dr.
Meade's prepared to end this.
I'll surrender my medical license, no hearing, no dispute.
Uh, Dr.
Meade, the State will hold a hearing, and that tape with you and Daniel Garrett will not be excluded.
You'll lose your license anyway.
Reckless endangerment two.
A misdemeanor? Man two, six months.
I told her, "Don't admit anything.
" But she's afraid they'll convict on the sex alone.
Criminally negligent, D felony.
No time.
Give us a minute.
She admits she's responsible.
Does it make it easier to keep Danny out of jail? Perhaps, but if they acquit, everybody forgets it happened.
And she sees patients without a license.
This way, she pleads to a felony.
They won't be lining up at her door.
Finally, Dr.
Meade, do you understand you are pleading guilty to criminally negligent homicide in the death of Jennifer Gorham? Yes, I do.
Defendant is sentenced to five years probation and will surrender her license to practice medicine in the State of New York.
Mr.
Garrett, do you understand you are pleading to the crime of manslaughter in the second degree? Yes, I understand.
Mr.
Stone, you're asking for Mr.
Garrett to be sentenced to four years in a state mental facility.
He's pleading to manslaughter.
Isn't a prison sentence appropriate? Your Honor, you must know that this office did not make this recommendation lightly.
Yes, I understand.
L I really think we must ask ourselves what happens when a young man turns his life over to a person trained in the human psyche, someone who abuses his trust, and someone who knew how to manipulate him because her profession demands that she know that.
Now, Dr.
Meade admitted her responsibility.
Certainly that mitigates Mr.
Garrett's.
And finally, the People are concerned that the defendant may not survive his prison term.
In effect as a death sentence, Your Honor.
I'm moved by your compassion, Mr.
Stone.
But I'm afraid I don't agree.
Dr.
Meade has admitted to negligence.
Mr.
Garrett has caused the death of another human being.
One is clearly worse than the other.
This court sentences Mr.
Garrett to serve a prison term of no less than four and no more than 12 years.
Sentence fits the crime.
Court is adjourned.
Diane?