Law & Order Special Victims Unit s04e14 Episode Script
Mercy
In the criminal justice system, sexually based offenses are considered especially heinous.
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
These are their stories.
I'm freezing.
You want to warm up? Paddle harder.
I must have been crazy to let you talk me into this.
Got to train early to be in shape for the class 5 rapids this summer.
It's the middle of winter! Hasn't stopped anyone from using the Hudson as a garbage can.
Must've fallen off a boat.
Maybe they left us a couple of brews.
Oh, my God! We got a call for child abuse.
Hope you haven't had lunch yet.
There's a special place in hell for whoever did this.
How old? Haven't seen it, but I heard newborn.
Anyone touch anything? Guy who found it closed the lid.
I know it's evidence, but thank God for small favors.
You can buy this cooler anywhere in town.
Look at this.
Perp must have put something heavy in the bag to weigh it down.
Bag breaks, the cooler floats up.
Got a partial logo.
Probably be able to find the store from this.
Please tell me this isn't what I think.
Sorry.
Give me a minute.
Cooler could've been dropped off the dock or from a water taxi.
If you don't want your baby, there are other options.
Not for a girl who throws her newborn in the river.
She's not a newborn.
How do you know? Umbilical stump's gone.
She's at least a month old.
One-month-old white female, eight pounds, two ounces, dead about a day.
She appears well cared for.
Body scan shows no sign of abuse or neglect.
What was the cause of death? A lethal dose of tricyclic antidepressants.
Mother could have been taking those for postpartum depression.
Except that tricyclics aren't prescribed to nursing mothers.
There was breast milk in the baby's stomach.
So she breast-fed and bonded with this child.
That doesn't sound like a woman who would do this.
You got anything that can lead us to the perp? The cooler can help.
No damage, so it wasn't dropped from a great height, like a bridge.
Take a look at this.
What is that, algae? Or some other plant matter.
I also found this on the corpse.
Sodium hypochlorite, an industrial-strength cleanser.
So where do we find that with algae? No place I know of.
When we find the source, maybe we find the dump site.
ID'ing this was a no-brainer.
It's Enteromorpha, a common type of algae.
Very nutritious.
You can get it at sushi restaurants.
I'll stick with burgers and fries, thanks.
Seaweed's healthier.
Come, take a look at this.
It's a map of the lower Hudson.
This is where Enteromorpha likes to grow.
So the cooler had to float through one of these places to pick it up.
And the sodium hypochlorite, any idea how it got in the water? It's used by sewage treatment plants to disinfect waste before it's put into the river.
Well, there's a treatment plant on the Hudson, right under the Riverbank State Park.
West 137.
Now, the cooler was found all the way down here in Battery Park.
Could it have traveled that far? Without a doubt.
These are the current patterns the day the cooler was found.
I'll bet the cooler was dropped into the water somewhere along this stretch of river, and floated along this current to Battery Park.
We're talking a mile or two stretch with direct access to the river.
People come from all over to picnic there.
Well, the bag on the cooler narrows it down.
It came from The Bountiful Earth health food store about ten blocks away.
Perp probably stopped there, maybe lives nearby.
People who murder their children usually report them missing, deflect suspicion off themselves.
Any chance it's a kidnap? The infant was wrapped in a blanket with the weights on the outside of the cooler to keep them form crushing the baby.
This perp is definitely someone with an emotional connection.
Newborn murders are usually the mother.
A one-month-old could just as easily be the father.
If he had a reason to conceal the pregnancy, say, because of incest, I doubt he would have taken so long to commit the crime.
I'm leaning towards the mother.
Where would she have kept the baby hidden for a month? Student away from home fits the profile.
Hudson University.
It's just down the road from the health food store.
We know roughly when the baby was conceived.
College is the best lead we've got.
I'm very sorry, but our students have a right to their privacy.
Who administers the pregnancy tests here? Doesn't matter, because you're not going to talk to them.
You really want us trolling your hallways asking everyone until we find who we're looking for? Our patients are usually referred to the S.
H.
A.
R.
E.
Desk.
S.
H.
A.
R.
E? Sexual Health and Reproductive Education, staffed by student volunteers.
They collect urine samples and then they send them to the lab for pregnancy tests.
So, they would have all the names.
No, they'll have the numbers.
It's anonymous.
Okay, so who has the names? I do.
So come back with a court order or don't come back at all.
We don't even have any proof the victim's mother went to health services.
We understand that, Alex, but this is our best shot.
Well, I need more evidence before I can get a subpoena.
Sounds like you're stonewalling us.
Yeah, what is this really about? Olivia, would you want somebody digging through your medical records? I had a pregnancy scare in college.
That was bad enough.
I can't imagine the police knocking at my door.
But this is our best lead.
Health Services at Hudson has students giving pregnancy tests.
So? Judge in Iowa ruled confidentiality does not apply when tests aren't performed by doctors or nurses.
And Planned Parenthood fought the case so hard on the course that the county finally had to drop it.
Still worth giving a try.
All right, I'll run it by my boss, but I can tell right now what she's going to say.
Someone killed a child.
It's our duty to speak for the victim.
So now we're the pregnancy police? We're violating a woman's rights for what amounts to a Hail Mary.
This isn't about abortion rights, Alex.
We are talking about a one-month-old infant.
Okay, so what if that doesn't work, what are we supposed to do? Question every single woman who bought an EPT kit at the drugstore? I'm afraid you're missing the point.
We all worked hard to pass the Baby Safe Haven law.
That mother could have dropped her child off at any fire station, any hospital, without fear of prosecution.
Instead, she chose to murder.
So you're going to make an example of her by taking away women's privacy? I'm not painting her with a scarlet letter.
I'm just trying to find this child's killer.
Well, a judge might not see it that way.
Most still place a pretty high value on privacy rights.
We'll keep our scope narrow.
Limit it to test results from a two-month period.
Stipulate we'll rule out women who already have documented births on file.
Alex, I want that list of names.
I don't like it.
The only reason we got this list is because Judge Hill is slightly to the right of Attila the Hun.
Why don't you give it a rest? How many you got? Twenty-four pregnant college girls.
And excuse me if I'm alarmed by the total disregard for human rights in this country.
If you got a problem with it, why don't you get your bony ass out of here? Okay, out of two dozen women with positive pregnancy tests, birth certificates.
That leaves eight suspects with no reported baby.
Let's go invade their privacy.
Can I help you? Detectives Tutuola and Munch.
Is Angela Savvas here? Angie's my wife.
What's this about? We really should be talking to both of you.
She's not feeling well so you'll have to speak with me.
Is your wife a student at Hudson University? A grad student, yeah.
We understand she found out she was pregnant nine months ago.
Unless that's a crime, I don't see how it's any of your business.
You remember that abandoned baby they found in the river? We have reason to believe that the mother attended Hudson.
So now you're interrogating every woman on campus? Just those with positive pregnancy tests and no child.
You're right, we don't have a child.
My wife had a miscarriage.
Sorry.
She went to Presbyterian Hospital.
You want to see the discharge papers? That won't be necessary.
Then get the hell out of here.
Cheer up.
Only three more to go.
Hi.
Hi.
Find what you're looking for? Actually, we were looking for you.
Ellen Swanson? Yes? I'm Detective Benson.
This is my partner Detective Stabler.
We'd like to talk to you for a moment.
Sure.
How did you find me? The Registrar said this is where you do your work-study.
Probably be best if we went somewhere more private.
This is a mistake.
I've never been pregnant.
Health Services says you tested positive eight months ago.
They're wrong.
I was in Paris for a study abroad eight months ago.
I just got back.
Could somebody in your dorm have borrowed your ID and then returned it without your knowing? I live in an apartment alone.
I really have to get back to work.
Just one more thing.
We'd like a DNA swab to rule you out.
No way.
You can't just go prying into my private life and then expect me to cooperate.
INS confirms Ellen was in Paris eight months ago.
Another necessary invasion of privacy.
Well, not exactly.
She flew back here for two weeks shortly after she got there.
Let me guess.
She had a pregnancy test as soon as she got home.
The day after.
Probably realized she was pregnant and came home to deal with it.
Boyfriend says all the right things, she goes back to Paris thinking they're one big happy family.
When she returns, he's changed his mind.
Too late to get an abortion, afraid to tell her parents.
So she has the kid at home, she spends a month trying to figure out how to get rid of it.
Does that play? Enough to get a warrant.
You're wrong about this.
I told you, I've never been pregnant.
Just like you told us that Health Services never gave you a pregnancy test because you were in Paris.
Why won't you believe me? Because your story doesn't match the facts.
Look what we have here.
She shops at The Bountiful Earth.
Very health-conscious.
Everyone on campus shops there.
Dumbbells usually come in pairs.
Where's the other 20-pounder? I lost it moving in.
Elliot.
From Conception to Delivery: A First-Time Mother's Guide.
This receipt shows that you bought that book the day after that pregnancy test you never took.
I haven't done anything wrong.
Then take a DNA test and clear this whole thing up.
No.
Fine.
We have enough evidence for a court order.
Positive pregnancy test, a how-to book for expectant mothers, a bag that matches the bag Stop Used to weigh down the cooler.
Oh, my God.
What happened, Ellen? I don't know Just tell us.
I'm telling you, you'll feel better.
Just tell us.
It wasn't me.
Well, who was it, then? My sister, Patty.
She's only 15.
So, you gave her your college ID to get tested so no one would find out.
She panicked.
She needed me.
That's why I came back from Paris.
Why didn't she go to your parents? You don't know my dad.
So what did she tell you? That she was going to have the baby.
Did she say who the father was? Her ex-boyfriend, Paul Howley.
He's older, works for some maintenance company.
So you went back to Paris.
And what happened when you came home? There was no baby.
Patty said the test was wrong, that she never wanted to talk about it again.
Then when I heard about the baby in the cooler You have to understand, she was so scared, and she's just a kid.
Patty could have kept her baby at her boyfriend's apartment.
Until playing daddy lost its novelty.
Then she had to figure out what to do.
She's a minor.
Bring her in with her parents.
Father's some corporate big shot.
He's flying in from D.
C.
Mother's a homemaker.
Still no answer.
Ellen says she runs errands this time of day.
Thank you.
Teacher at Patty's school says she got an emergency page, left the classroom to answer, never came back.
Big sister Ellen must have warned her.
School's faxing over a yearbook photo.
Maybe Patty's boyfriend can help us find her.
I haven't seen Patty in eight months.
She broke up with me.
She dumped you or did you kick her to the curb when you found out she was going to make you a daddy? She was pregnant? Let me guess, you didn't always practice safe sex? We never had sex.
She was too young.
How old were you eight months ago? Seventeen.
Well, that wasn't statutory rape, so spill it.
Did you have sex with Patty? Yes.
You hit it raw? Well, a couple of times we didn't use protection.
But she never said anything about being pregnant.
What did I do? You heard about that baby we found in the river? You think she was mine? We can find out if you'll let us run a DNA test.
No problem.
I would have supported Patty and the baby.
I got a union job now, I make a good buck.
If you would have stepped up, why do you think she didn't tell you? Her father.
The guy's a world class jerk.
He hates me because I'm a dropout.
Any idea where we can find Patty? If she's not at home or at school, I really don't know.
How about paging her? You still got the number? Yeah, I remember it.
Call it.
Tell her to meet you.
Patty Swanson? Please don't tell my parents.
Please.
You're pregnant? No, Daddy.
Not anymore.
You stupid slut.
Mr.
Swanson.
What, you just spread your legs for the first dropout punk who comes sniffing around? Sir, calm down.
Calm down.
We know you didn't mean to hurt anyone.
For God's sake, Patty, what happened? I killed my baby.
God, I killed my baby.
I'm so sorry, Daddy.
What did you do? What? I went to this place on 96th Street.
A clinic? Yes.
I'm so sorry.
I just didn't know where else to go.
You had an abortion? Without my permission? The law says that she doesn't need it.
Like hell she doesn't! I've asked you to calm down.
Now I'm telling you to sit down.
Sit down.
Patty, we're going to need your okay to check this story with the clinic, all right? All right.
How'd it go? Only crime here is that her father's a prick.
And a wife beater.
What did you say? Swanson has half a dozen domestic violence collars.
His wife never pressed charges, but the local precinct knows their address by heart.
Listen to me, Detective.
If you ever speak to me that way again, I'll make damn sure the Police Commissioner hears about it.
We play golf together.
Does he know about your handicap? My handicap? The one that makes you slap your wife around.
Well, good, I've got your attention.
You raise your hand to her or your daughters again, I'll be paying you a visit.
Is that a threat? Yeah.
Roger? Clinic confirmed Patty's abortion.
So we turned her world upside down for nothing.
Another good day's work.
I heard what you said to the father.
I meant every word of that.
Wow, you look like you left somebody alone at a very nice place.
My husband will wait.
This couldn't.
It's about the baby.
What's wrong? During the autopsy, I noticed her retinas had a reddish discoloration, so I ordered several genetic tests.
One came back positive.
What for? Tay-Sachs.
No treatment or cure.
She'd have died a horrible death by the age of five.
This was a mercy killing.
So, this changes the profile.
Instead of looking for one parent, we're probably looking for a couple, reasonably well-off, responsible enough to get medical care for their baby.
Explains why she's a month old.
Mother probably never thought of doing this until she found out the baby was sick.
People like this, they wouldn't have kept their kid a secret.
No, but they're probably covering up her disappearance.
They might have relocated at the time of her death, or reported her missing in another state.
I'll check with the Center for Missing and Exploited Children.
In the meantime, any idea how we can pick up their trail? Yeah.
Tay-Sachs is most common among certain ethnic groups, particularly the Jewish community.
Same old story.
When all else fails, round up the Jews.
It's also common among French-Canadians and Cajuns.
Genetic screening has drastically reduced the number of Tay-Sachs babies.
Both parents need to carry the gene and they were probably never tested.
If I had a kid with some rare disease, first thing I'd do is find a doctor who specializes in it.
It's a horrible disease, worse than most parents can possibly bear.
And how close are you to a cure? Years away.
Tay-Sachs patients are missing a key enzyme.
Without it, a fatty substance builds up in the brain, causing progressive loss of function and eventually death.
Would our victim have shown any symptoms? Nothing the parents would have noticed until about six months.
Then why did they have their baby tested? The cherry-red spots in the eyes your M.
E.
Found can appear as early as two days after birth.
Any pediatrician could have spotted them during a well-baby checkup.
Do you have any patients who died suddenly or missed appointments, haven't come back? My work is in research.
I don't treat these children myself.
But even if I did, you know I couldn't tell you about them.
Okay.
Are there any places the parents can go for help? Fortunately, this disease is rare.
There's only one support group in the area.
Not everybody comes to every meeting.
We get people from as far away as Maine.
But these parents would probably be local, child born about a month ago.
There was a woman from Manhattan.
Came to a meeting a few weeks ago, but never came back.
Any idea why? She seemed disturbed when she saw the child of one of our parents.
Can't say I blame her.
Do you remember her name? Sorry.
Well, what about a list of members or a sign-in sheet? Can't give that out.
Rabbi, we're pretty sure that the parents that we're looking for murdered their baby because she had Tay-Sachs.
Oh, God.
And with all due respect, there is no law protecting the confidentiality of support groups.
I'm only trying to protect what little solace the members of this group have left.
I'm sorry, we'll have to get a subpoena.
Okay.
Okay.
Here's the list.
I'll fax you the sign-in sheets.
But there's no guarantee the woman you're looking for is going to be on any of them.
We don't require parents to sign in, or even tell us who they are.
Do you remember anything else about this woman? Where she lived, who referred her? Now that you mention it, yes.
Her pediatrician, Judah Platner, sent her.
He belongs to our congregation.
We're not asking for records.
We're asking for the name of the woman you referred to the Tay-Sachs support group.
That's the same thing, isn't it? Besides, I haven't had a Tay-Sachs patient in a couple of years.
Rabbi Birnbaum mentioned you by name.
Yes, I know.
He visits patients here all the time.
It's easy enough to mix me up with another pediatrician.
Dr.
Platner, a child has been murdered.
If you know anything at all I would tell you.
The law requires me to report any abuse of a child.
Have you had any patients die recently? Yes.
A five-year old boy.
Neuroblastoma.
Just last month.
It doesn't happen often but it never gets any easier.
Any you've sent for genetic testing? Detective, stop wasting your time and mine.
Believe me, I'd help you if I could.
National Center for Missing and Exploited Children came up with squat.
Same with Missing Persons in all five boroughs and the rest of the Tri-State.
Mother goes to a support group.
She gets the kid tested.
You've got all of this media coverage Someone who knows them is not suspicious that this baby is gone missing? I mean, why hasn't anyone reported them? Because everybody knows the baby died.
They just don't know how.
Yeah, and somehow they covered it up.
Maybe with help from your Dr.
Platner.
What'd you find? Vital Stats had the death certificate on a cancer patient, but he signed one just last week on a month-old girl.
Funny how he forgot to tell us that.
Cause of death? Asphyxiation Pneumonia.
Little girl's name was Sarah Brown.
Parents, Andrea and Daniel.
The funeral was Wednesday.
We're still sitting shiva.
We're very sorry for your loss.
We'll take as little of your time as possible.
Dr.
Platner was Sarah's pediatrician, wasn't he? Yes, but how would you know that? We have a list of all his patients.
What exactly is this about? We're investigating a complaint against Dr.
Platner and we're following up with all of his patients' parents.
I'm sorry, may I use the bathroom? Sure, it's through the bedroom.
Pardon the mess.
Anything? Not in the medicine cabinet, but there was an empty vial in the garbage can.
Something called Imipramine.
I've never heard of it.
When was it filled? Last week, two days before the baby turned up.
For Andrea Richman.
Must be her maiden name.
Prescribed by Dr.
Platner.
Well, how often does a pediatrician write a prescription for the parents? The M.
E.
Confirmed Imipramine is the tricyclic antidepressant that caused Sarah Brown's death.
Parents probably used what they needed to put the baby to sleep and flushed the rest down the toilet.
If the doctor gave them the pills to do this, he's just as guilty as the Browns are.
I'll get a warrant to pick up that pill vial.
Our baby was found in a cooler.
Are we saying these parents buried an empty casket? I checked out the funeral home that the Browns used.
There are multiple Health Department violations.
The Browns could have paid them off.
Why dump the body in the river? Why not just bury it? We're not going to know until the parents give it up.
We can't prove the Browns are the parents without their DNA.
Which we can't get without more evidence.
We got the pill bottle.
Is that enough to dig up the kid's grave? I'll run tests on the lining, but I'm pretty sure there's never been a body in this coffin.
I see a selfless act of mercy, not a murder.
The law doesn't make that distinction, Counselor.
The jury will.
They'll never convict.
Juries don't like defendants who kill their own children.
If this was Dr.
Platner's idea and you agree to testify against him It was my idea.
But I couldn't bear to hurt Sarah.
So you had your husband do it? He had nothing to do with this.
Andrea, please, don't say anything else.
No, I need to tell them.
I didn't know what to do, so I asked Dr.
Platner for help.
And you wrote Andrea the prescription.
Nothing could have saved Sarah.
I've seen many children die.
Children born without brains, riddled with cancer.
This time, at least I was able to do something before that little girl suffered.
What about your oath? To do no harm? I couldn't even make Sarah comfortable.
Her mother wanted to spare her years of torture.
Now, would it have been less harmful to make her go through that? The jury will see him as an angel of mercy.
Or an angel of death.
Our version goes down a lot smoother.
We'll consider a plea if there's no time involved.
Your client provided the murder weapon.
We're not going to send the message that you can kill a terminally ill child and get off with a slap on the wrist.
You're looking at 25-years-to-life.
Not after the jury hears her story.
You fed Sarah the drugs.
DNA proves that little girl in the river is your daughter.
She was my baby.
You could never know how hard this was.
Instead of suffering, she just went peacefully to sleep.
It's still murder.
You're not testifying? I have a personal interest.
Sitting on the defense's side? Oh, ye of little faith.
I assumed that you were pro-euthanasia.
Yeah, for adults who are competent to ask for it.
But not for children? First kids with incurable diseases, then the disabled.
Where does it stop? Defense is going to argue that Andrea did this out of love.
It doesn't matter what intentions this road is paved with, Alex, it only leads to one place.
I was Andrea's pediatrician since the day she was born.
But you were more than just her doctor, weren't you? Well, Andrea's father, Joel, died when she was about 12.
I was sort of her surrogate father while she was growing up.
We lost touch from the time she went to college until Sarah was born.
How did you learn that Sarah was sick? At her two-week checkup, I saw the red spots in her eyes.
I told Andrea she had to get the girl tested.
And when the results of those tests came back? I told Andrea and Daniel their child had Tay-Sachs.
They felt terrible guilt because they had not been tested themselves.
Did you tell them what Sarah faced? Yes, I did.
Would you tell us? At about six months, Sarah would start having seizures.
Her vision would progressively deteriorate until she went blind.
Her brain function would slowly disappear.
She would lose the ability to sit up and swallow.
She would need a feeding tube to stay alive.
I told Andrea and Daniel that their beautiful little child would die a terrible death before she was five.
How did they take the news? As bad as you would expect.
They couldn't stand the thought of Sarah suffering and then losing her.
Doctor, at any time did you advise Andrea or Daniel Brown to euthanize their daughter? Absolutely not.
Then why did you prescribe the tricyclics that Andrea used to put Sarah to sleep? Andrea said that she was going to euthanize Sarah with me or without me.
You see, I knew what Sarah was going to go through.
I just wanted it to be as painless as possible for both of them.
Thank you, Doctor.
No questions for this witness.
Dr.
Platner, when you agreed to help Andrea Brown kill her daughter No, no, no.
That's not what I said.
Please let me finish, Doctor.
Did you ever talk to her husband, Daniel? No, I didn't.
But he was Sarah's father.
Andrea would have never done this if it wasn't what they both wanted.
You also falsified the death certificate, didn't you? Yes, I did.
Did you also advise Andrea to dump Sarah's body in the Hudson River? No, no, of course not.
Then why did you arrange for the funeral home to bury an empty casket? Andrea was supposed to call me when Sarah had gone to sleep.
But she panicked.
She didn't come to me until after she had already put Sarah in the river.
And you helped her cover it up? Yes, I did.
Dr.
Platner, do you think that children who have no chance of survival should be euthanized? Objection.
Overruled.
Have you ever seen a child with Tay-Sachs? Or any fatal disease? And how would we determine the criteria for killing a child? Those born with half a brain? Deaf children? Blind children, maybe? Is this necessary, Your Honor? You've made your point, Miss Cabot.
Move on.
Dr.
Platner, for how many other patients have you ended the suffering? None.
Then why did you do it in this case? Sarah was hopeless.
I was like a father to Andrea.
I couldn't let this destroy her, too.
Nothing further.
Daniel had to work late that night.
I crushed the pills, I put them in some formula.
I nursed her one last time, and then I gave Sarah the bottle.
And I I held her and I watched her as she peacefully drifted off to sleep.
Tell the jury what happened next.
I lost it.
I was supposed to call Judah Dr.
Platner, but I put Sarah in the car and I just drove.
I went to the river and stopped at a place where Daniel and I used to picnic.
Did you call your husband? No.
I didn't want him to see our baby like that.
What did you do? I put the tire iron into the grocery sack, I tied it around the handle.
I wrapped Sarah in a blanket and I And I put her inside and I placed it on the water and I just I watched while it disappeared.
Andrea, you had other alternatives, didn't you? There was a support group that Judah recommended.
And I went and I listened to the parents discuss their kids.
They can't move.
They can't see.
It made me even more determined to do what I did.
Why? Because I loved Sarah so much.
I could not stand to see her suffer.
Nothing further.
Sarah wasn't showing any symptoms of Tay-Sachs.
Why didn't you wait until she did? I didn't want her to be in any pain.
Wasn't this as much about your pain as it was Sarah's? I did it to spare Sarah, not me.
I will be in agony for the rest of my life.
You testified that you went to the support group by yourself.
Where was your husband? I didn't think he could handle it.
Dr.
Platner said that you both wanted to end Sarah's life and yet you told detectives that your husband wasn't involved.
Why did you make this decision on your own? I didn't want Daniel to be the one who did it.
I know what I did was against the law.
But I believe in a loving God.
And I cannot believe that a loving God would want an innocent child to suffer so horribly.
Miss Cabot.
Your client seems upset.
What's going on? Dr.
Platner asked me to talk to you.
Why? He wants to make a deal.
In return for what? I've already testified, Ms.
Cabot.
Believe me, I'm not hiding anything.
I did what I had to do for Andrea and Sarah.
What happened to your noble intentions, alleviating the suffering of dying children? I've been taking care of children for almost 40 years.
If I'm convicted, I'll die in prison.
What are you looking for? Man two, five-to-15.
And this doesn't have anything to do with the fireworks I witnessed after court today? There isn't anything that my client knows that he hasn't told you or the jury.
And he may very well be acquitted.
You didn't let Platner cop a plea, did you? We told him we'd sleep on it.
All that posturing about euthanasia and now he just wants to give up? What's he really afraid of? I'm not sure, but Platner looked pretty surprised when Andrea testified she never told her husband what she was going to do.
This was the most important decision of their lives.
How could she not include him? She said she didn't want Daniel to be the one who did it.
Maybe she was protecting him.
Not from us.
Even if he was involved, the only proof of that would be Andrea's testimony and spousal privilege puts that off limits.
Well, maybe Andrea was protecting him from the truth.
About what? Every Jewish couple I know got tested for Tay-Sachs before they walked down the aisle.
Why would an educated couple like the Browns roll the dice and take those chances? Because they thought there was no chance they could have a Tay-Sachs baby.
If Danny wasn't born Jewish, he'd got better odds at hitting the lottery than carrying the Tay-Sachs gene.
What kind of offer requires the presence of the defendant's husband but not her? No offer.
We have a court order for a DNA test for Mr.
Brown.
What the hell for? We checked your birth certificate.
You were born Catholic.
Yes, but I converted to Judaism before Andrea and I got married.
So what? So there's very little chance that you carry the Tay-Sachs gene.
You can't do this.
I know my rights.
Spousal privilege.
Husbands and wives can't incriminate each other.
Well, that's not entirely true.
Communication between spouses is protected.
But the privilege doesn't cover DNA.
We can take you to the M.
E.
's office right now for the DNA test.
Don't waste your time.
I'm not Sarah's biological father.
Andrea told you, didn't she? About the affair.
After she was arrested.
But I suspected something when Sarah was diagnosed.
It was with some guy in her office.
How do you know she wasn't just trying to cover up the affair when she killed Sarah? Because she loved that child more than anything in the world.
Please state your name for the record.
Steven Kellerman.
Mr.
Kellerman, how do you know the defendant? I worked with her.
What was the extent of your relationship? I'm not sure what that means.
Did you have sex with Andrea Brown? It only happened once after we'd worked late.
Her husband was away.
After that, you transferred to a different office, didn't you? To Boston, yes.
When did you become aware that Andrea Brown was pregnant with your child? When I read about the case in the newspaper.
So you're saying you never even knew about your own daughter? Yes.
Nothing further.
Who ended the affair? Andrea did, immediately after it began.
I loved her, but she loved her husband and she had a moment of weakness Objection! Mr.
Kellerman is not here as a character witness.
Sustained.
Jury will disregard.
When you read about Andrea in the newspaper, why didn't you come forward? Because I had a brother that died of Tay-Sachs and I've seen what that does.
And if I'd been in Andrea's position, I would have done the same thing.
I'm very sorry.
Andrea Brown's actions had one purpose.
One.
To spare the child she loved years of horrible agony, leading to an inevitable death.
When you go into the jury room, ladies and gentlemen, you must decide if this woman deserves to go to prison for at least 25 years.
But before you answer that question, ask one of yourselves, "If this were my child, "what would I do?" And if that question gives you pause, I pray you decide that Andrea Brown has already suffered enough.
Andrea Brown ground up a lethal dose of antidepressants and fed it to her baby.
The defense doesn't dispute these facts, but they argue Mrs.
Brown acted out of the noblest of motives.
Let's examine these motives.
Andrea Brown had an extramarital affair and got pregnant.
When she found out the baby wasn't her husband's, did she tell him? No.
Did she tell Steve Kellerman that he was the father? No.
Did she tell Dr.
Platner, when pressuring him for a prescription, an act she knew could land him in prison? No.
From the start, Andrea Brown's primary concern was preserving her marriage, her image, and her lifestyle by hiding at all costs her affair.
She knew that the longer Sarah was alive, the greater the chances someone would find out that Daniel Brown was not the father.
So she killed her daughter, a helpless child who had not yet begun to suffer the effects of Tay-Sachs, all of this to conceal the fact that she'd slept with another man.
The defense would have you believe this was an act of mercy.
It wasn't.
This was a clear-cut case of murder.
On the sole count of murder in the second degree, how does the jury find? We find the defendant guilty.
Good work, Counselor.
She didn't deserve 25-to-life.
Jury thought so.
Because I turned her into a whore.
It doesn't matter.
She killed her child.
What if it was your daughter? What would you have done? Whatever I could.
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
These are their stories.
I'm freezing.
You want to warm up? Paddle harder.
I must have been crazy to let you talk me into this.
Got to train early to be in shape for the class 5 rapids this summer.
It's the middle of winter! Hasn't stopped anyone from using the Hudson as a garbage can.
Must've fallen off a boat.
Maybe they left us a couple of brews.
Oh, my God! We got a call for child abuse.
Hope you haven't had lunch yet.
There's a special place in hell for whoever did this.
How old? Haven't seen it, but I heard newborn.
Anyone touch anything? Guy who found it closed the lid.
I know it's evidence, but thank God for small favors.
You can buy this cooler anywhere in town.
Look at this.
Perp must have put something heavy in the bag to weigh it down.
Bag breaks, the cooler floats up.
Got a partial logo.
Probably be able to find the store from this.
Please tell me this isn't what I think.
Sorry.
Give me a minute.
Cooler could've been dropped off the dock or from a water taxi.
If you don't want your baby, there are other options.
Not for a girl who throws her newborn in the river.
She's not a newborn.
How do you know? Umbilical stump's gone.
She's at least a month old.
One-month-old white female, eight pounds, two ounces, dead about a day.
She appears well cared for.
Body scan shows no sign of abuse or neglect.
What was the cause of death? A lethal dose of tricyclic antidepressants.
Mother could have been taking those for postpartum depression.
Except that tricyclics aren't prescribed to nursing mothers.
There was breast milk in the baby's stomach.
So she breast-fed and bonded with this child.
That doesn't sound like a woman who would do this.
You got anything that can lead us to the perp? The cooler can help.
No damage, so it wasn't dropped from a great height, like a bridge.
Take a look at this.
What is that, algae? Or some other plant matter.
I also found this on the corpse.
Sodium hypochlorite, an industrial-strength cleanser.
So where do we find that with algae? No place I know of.
When we find the source, maybe we find the dump site.
ID'ing this was a no-brainer.
It's Enteromorpha, a common type of algae.
Very nutritious.
You can get it at sushi restaurants.
I'll stick with burgers and fries, thanks.
Seaweed's healthier.
Come, take a look at this.
It's a map of the lower Hudson.
This is where Enteromorpha likes to grow.
So the cooler had to float through one of these places to pick it up.
And the sodium hypochlorite, any idea how it got in the water? It's used by sewage treatment plants to disinfect waste before it's put into the river.
Well, there's a treatment plant on the Hudson, right under the Riverbank State Park.
West 137.
Now, the cooler was found all the way down here in Battery Park.
Could it have traveled that far? Without a doubt.
These are the current patterns the day the cooler was found.
I'll bet the cooler was dropped into the water somewhere along this stretch of river, and floated along this current to Battery Park.
We're talking a mile or two stretch with direct access to the river.
People come from all over to picnic there.
Well, the bag on the cooler narrows it down.
It came from The Bountiful Earth health food store about ten blocks away.
Perp probably stopped there, maybe lives nearby.
People who murder their children usually report them missing, deflect suspicion off themselves.
Any chance it's a kidnap? The infant was wrapped in a blanket with the weights on the outside of the cooler to keep them form crushing the baby.
This perp is definitely someone with an emotional connection.
Newborn murders are usually the mother.
A one-month-old could just as easily be the father.
If he had a reason to conceal the pregnancy, say, because of incest, I doubt he would have taken so long to commit the crime.
I'm leaning towards the mother.
Where would she have kept the baby hidden for a month? Student away from home fits the profile.
Hudson University.
It's just down the road from the health food store.
We know roughly when the baby was conceived.
College is the best lead we've got.
I'm very sorry, but our students have a right to their privacy.
Who administers the pregnancy tests here? Doesn't matter, because you're not going to talk to them.
You really want us trolling your hallways asking everyone until we find who we're looking for? Our patients are usually referred to the S.
H.
A.
R.
E.
Desk.
S.
H.
A.
R.
E? Sexual Health and Reproductive Education, staffed by student volunteers.
They collect urine samples and then they send them to the lab for pregnancy tests.
So, they would have all the names.
No, they'll have the numbers.
It's anonymous.
Okay, so who has the names? I do.
So come back with a court order or don't come back at all.
We don't even have any proof the victim's mother went to health services.
We understand that, Alex, but this is our best shot.
Well, I need more evidence before I can get a subpoena.
Sounds like you're stonewalling us.
Yeah, what is this really about? Olivia, would you want somebody digging through your medical records? I had a pregnancy scare in college.
That was bad enough.
I can't imagine the police knocking at my door.
But this is our best lead.
Health Services at Hudson has students giving pregnancy tests.
So? Judge in Iowa ruled confidentiality does not apply when tests aren't performed by doctors or nurses.
And Planned Parenthood fought the case so hard on the course that the county finally had to drop it.
Still worth giving a try.
All right, I'll run it by my boss, but I can tell right now what she's going to say.
Someone killed a child.
It's our duty to speak for the victim.
So now we're the pregnancy police? We're violating a woman's rights for what amounts to a Hail Mary.
This isn't about abortion rights, Alex.
We are talking about a one-month-old infant.
Okay, so what if that doesn't work, what are we supposed to do? Question every single woman who bought an EPT kit at the drugstore? I'm afraid you're missing the point.
We all worked hard to pass the Baby Safe Haven law.
That mother could have dropped her child off at any fire station, any hospital, without fear of prosecution.
Instead, she chose to murder.
So you're going to make an example of her by taking away women's privacy? I'm not painting her with a scarlet letter.
I'm just trying to find this child's killer.
Well, a judge might not see it that way.
Most still place a pretty high value on privacy rights.
We'll keep our scope narrow.
Limit it to test results from a two-month period.
Stipulate we'll rule out women who already have documented births on file.
Alex, I want that list of names.
I don't like it.
The only reason we got this list is because Judge Hill is slightly to the right of Attila the Hun.
Why don't you give it a rest? How many you got? Twenty-four pregnant college girls.
And excuse me if I'm alarmed by the total disregard for human rights in this country.
If you got a problem with it, why don't you get your bony ass out of here? Okay, out of two dozen women with positive pregnancy tests, birth certificates.
That leaves eight suspects with no reported baby.
Let's go invade their privacy.
Can I help you? Detectives Tutuola and Munch.
Is Angela Savvas here? Angie's my wife.
What's this about? We really should be talking to both of you.
She's not feeling well so you'll have to speak with me.
Is your wife a student at Hudson University? A grad student, yeah.
We understand she found out she was pregnant nine months ago.
Unless that's a crime, I don't see how it's any of your business.
You remember that abandoned baby they found in the river? We have reason to believe that the mother attended Hudson.
So now you're interrogating every woman on campus? Just those with positive pregnancy tests and no child.
You're right, we don't have a child.
My wife had a miscarriage.
Sorry.
She went to Presbyterian Hospital.
You want to see the discharge papers? That won't be necessary.
Then get the hell out of here.
Cheer up.
Only three more to go.
Hi.
Hi.
Find what you're looking for? Actually, we were looking for you.
Ellen Swanson? Yes? I'm Detective Benson.
This is my partner Detective Stabler.
We'd like to talk to you for a moment.
Sure.
How did you find me? The Registrar said this is where you do your work-study.
Probably be best if we went somewhere more private.
This is a mistake.
I've never been pregnant.
Health Services says you tested positive eight months ago.
They're wrong.
I was in Paris for a study abroad eight months ago.
I just got back.
Could somebody in your dorm have borrowed your ID and then returned it without your knowing? I live in an apartment alone.
I really have to get back to work.
Just one more thing.
We'd like a DNA swab to rule you out.
No way.
You can't just go prying into my private life and then expect me to cooperate.
INS confirms Ellen was in Paris eight months ago.
Another necessary invasion of privacy.
Well, not exactly.
She flew back here for two weeks shortly after she got there.
Let me guess.
She had a pregnancy test as soon as she got home.
The day after.
Probably realized she was pregnant and came home to deal with it.
Boyfriend says all the right things, she goes back to Paris thinking they're one big happy family.
When she returns, he's changed his mind.
Too late to get an abortion, afraid to tell her parents.
So she has the kid at home, she spends a month trying to figure out how to get rid of it.
Does that play? Enough to get a warrant.
You're wrong about this.
I told you, I've never been pregnant.
Just like you told us that Health Services never gave you a pregnancy test because you were in Paris.
Why won't you believe me? Because your story doesn't match the facts.
Look what we have here.
She shops at The Bountiful Earth.
Very health-conscious.
Everyone on campus shops there.
Dumbbells usually come in pairs.
Where's the other 20-pounder? I lost it moving in.
Elliot.
From Conception to Delivery: A First-Time Mother's Guide.
This receipt shows that you bought that book the day after that pregnancy test you never took.
I haven't done anything wrong.
Then take a DNA test and clear this whole thing up.
No.
Fine.
We have enough evidence for a court order.
Positive pregnancy test, a how-to book for expectant mothers, a bag that matches the bag Stop Used to weigh down the cooler.
Oh, my God.
What happened, Ellen? I don't know Just tell us.
I'm telling you, you'll feel better.
Just tell us.
It wasn't me.
Well, who was it, then? My sister, Patty.
She's only 15.
So, you gave her your college ID to get tested so no one would find out.
She panicked.
She needed me.
That's why I came back from Paris.
Why didn't she go to your parents? You don't know my dad.
So what did she tell you? That she was going to have the baby.
Did she say who the father was? Her ex-boyfriend, Paul Howley.
He's older, works for some maintenance company.
So you went back to Paris.
And what happened when you came home? There was no baby.
Patty said the test was wrong, that she never wanted to talk about it again.
Then when I heard about the baby in the cooler You have to understand, she was so scared, and she's just a kid.
Patty could have kept her baby at her boyfriend's apartment.
Until playing daddy lost its novelty.
Then she had to figure out what to do.
She's a minor.
Bring her in with her parents.
Father's some corporate big shot.
He's flying in from D.
C.
Mother's a homemaker.
Still no answer.
Ellen says she runs errands this time of day.
Thank you.
Teacher at Patty's school says she got an emergency page, left the classroom to answer, never came back.
Big sister Ellen must have warned her.
School's faxing over a yearbook photo.
Maybe Patty's boyfriend can help us find her.
I haven't seen Patty in eight months.
She broke up with me.
She dumped you or did you kick her to the curb when you found out she was going to make you a daddy? She was pregnant? Let me guess, you didn't always practice safe sex? We never had sex.
She was too young.
How old were you eight months ago? Seventeen.
Well, that wasn't statutory rape, so spill it.
Did you have sex with Patty? Yes.
You hit it raw? Well, a couple of times we didn't use protection.
But she never said anything about being pregnant.
What did I do? You heard about that baby we found in the river? You think she was mine? We can find out if you'll let us run a DNA test.
No problem.
I would have supported Patty and the baby.
I got a union job now, I make a good buck.
If you would have stepped up, why do you think she didn't tell you? Her father.
The guy's a world class jerk.
He hates me because I'm a dropout.
Any idea where we can find Patty? If she's not at home or at school, I really don't know.
How about paging her? You still got the number? Yeah, I remember it.
Call it.
Tell her to meet you.
Patty Swanson? Please don't tell my parents.
Please.
You're pregnant? No, Daddy.
Not anymore.
You stupid slut.
Mr.
Swanson.
What, you just spread your legs for the first dropout punk who comes sniffing around? Sir, calm down.
Calm down.
We know you didn't mean to hurt anyone.
For God's sake, Patty, what happened? I killed my baby.
God, I killed my baby.
I'm so sorry, Daddy.
What did you do? What? I went to this place on 96th Street.
A clinic? Yes.
I'm so sorry.
I just didn't know where else to go.
You had an abortion? Without my permission? The law says that she doesn't need it.
Like hell she doesn't! I've asked you to calm down.
Now I'm telling you to sit down.
Sit down.
Patty, we're going to need your okay to check this story with the clinic, all right? All right.
How'd it go? Only crime here is that her father's a prick.
And a wife beater.
What did you say? Swanson has half a dozen domestic violence collars.
His wife never pressed charges, but the local precinct knows their address by heart.
Listen to me, Detective.
If you ever speak to me that way again, I'll make damn sure the Police Commissioner hears about it.
We play golf together.
Does he know about your handicap? My handicap? The one that makes you slap your wife around.
Well, good, I've got your attention.
You raise your hand to her or your daughters again, I'll be paying you a visit.
Is that a threat? Yeah.
Roger? Clinic confirmed Patty's abortion.
So we turned her world upside down for nothing.
Another good day's work.
I heard what you said to the father.
I meant every word of that.
Wow, you look like you left somebody alone at a very nice place.
My husband will wait.
This couldn't.
It's about the baby.
What's wrong? During the autopsy, I noticed her retinas had a reddish discoloration, so I ordered several genetic tests.
One came back positive.
What for? Tay-Sachs.
No treatment or cure.
She'd have died a horrible death by the age of five.
This was a mercy killing.
So, this changes the profile.
Instead of looking for one parent, we're probably looking for a couple, reasonably well-off, responsible enough to get medical care for their baby.
Explains why she's a month old.
Mother probably never thought of doing this until she found out the baby was sick.
People like this, they wouldn't have kept their kid a secret.
No, but they're probably covering up her disappearance.
They might have relocated at the time of her death, or reported her missing in another state.
I'll check with the Center for Missing and Exploited Children.
In the meantime, any idea how we can pick up their trail? Yeah.
Tay-Sachs is most common among certain ethnic groups, particularly the Jewish community.
Same old story.
When all else fails, round up the Jews.
It's also common among French-Canadians and Cajuns.
Genetic screening has drastically reduced the number of Tay-Sachs babies.
Both parents need to carry the gene and they were probably never tested.
If I had a kid with some rare disease, first thing I'd do is find a doctor who specializes in it.
It's a horrible disease, worse than most parents can possibly bear.
And how close are you to a cure? Years away.
Tay-Sachs patients are missing a key enzyme.
Without it, a fatty substance builds up in the brain, causing progressive loss of function and eventually death.
Would our victim have shown any symptoms? Nothing the parents would have noticed until about six months.
Then why did they have their baby tested? The cherry-red spots in the eyes your M.
E.
Found can appear as early as two days after birth.
Any pediatrician could have spotted them during a well-baby checkup.
Do you have any patients who died suddenly or missed appointments, haven't come back? My work is in research.
I don't treat these children myself.
But even if I did, you know I couldn't tell you about them.
Okay.
Are there any places the parents can go for help? Fortunately, this disease is rare.
There's only one support group in the area.
Not everybody comes to every meeting.
We get people from as far away as Maine.
But these parents would probably be local, child born about a month ago.
There was a woman from Manhattan.
Came to a meeting a few weeks ago, but never came back.
Any idea why? She seemed disturbed when she saw the child of one of our parents.
Can't say I blame her.
Do you remember her name? Sorry.
Well, what about a list of members or a sign-in sheet? Can't give that out.
Rabbi, we're pretty sure that the parents that we're looking for murdered their baby because she had Tay-Sachs.
Oh, God.
And with all due respect, there is no law protecting the confidentiality of support groups.
I'm only trying to protect what little solace the members of this group have left.
I'm sorry, we'll have to get a subpoena.
Okay.
Okay.
Here's the list.
I'll fax you the sign-in sheets.
But there's no guarantee the woman you're looking for is going to be on any of them.
We don't require parents to sign in, or even tell us who they are.
Do you remember anything else about this woman? Where she lived, who referred her? Now that you mention it, yes.
Her pediatrician, Judah Platner, sent her.
He belongs to our congregation.
We're not asking for records.
We're asking for the name of the woman you referred to the Tay-Sachs support group.
That's the same thing, isn't it? Besides, I haven't had a Tay-Sachs patient in a couple of years.
Rabbi Birnbaum mentioned you by name.
Yes, I know.
He visits patients here all the time.
It's easy enough to mix me up with another pediatrician.
Dr.
Platner, a child has been murdered.
If you know anything at all I would tell you.
The law requires me to report any abuse of a child.
Have you had any patients die recently? Yes.
A five-year old boy.
Neuroblastoma.
Just last month.
It doesn't happen often but it never gets any easier.
Any you've sent for genetic testing? Detective, stop wasting your time and mine.
Believe me, I'd help you if I could.
National Center for Missing and Exploited Children came up with squat.
Same with Missing Persons in all five boroughs and the rest of the Tri-State.
Mother goes to a support group.
She gets the kid tested.
You've got all of this media coverage Someone who knows them is not suspicious that this baby is gone missing? I mean, why hasn't anyone reported them? Because everybody knows the baby died.
They just don't know how.
Yeah, and somehow they covered it up.
Maybe with help from your Dr.
Platner.
What'd you find? Vital Stats had the death certificate on a cancer patient, but he signed one just last week on a month-old girl.
Funny how he forgot to tell us that.
Cause of death? Asphyxiation Pneumonia.
Little girl's name was Sarah Brown.
Parents, Andrea and Daniel.
The funeral was Wednesday.
We're still sitting shiva.
We're very sorry for your loss.
We'll take as little of your time as possible.
Dr.
Platner was Sarah's pediatrician, wasn't he? Yes, but how would you know that? We have a list of all his patients.
What exactly is this about? We're investigating a complaint against Dr.
Platner and we're following up with all of his patients' parents.
I'm sorry, may I use the bathroom? Sure, it's through the bedroom.
Pardon the mess.
Anything? Not in the medicine cabinet, but there was an empty vial in the garbage can.
Something called Imipramine.
I've never heard of it.
When was it filled? Last week, two days before the baby turned up.
For Andrea Richman.
Must be her maiden name.
Prescribed by Dr.
Platner.
Well, how often does a pediatrician write a prescription for the parents? The M.
E.
Confirmed Imipramine is the tricyclic antidepressant that caused Sarah Brown's death.
Parents probably used what they needed to put the baby to sleep and flushed the rest down the toilet.
If the doctor gave them the pills to do this, he's just as guilty as the Browns are.
I'll get a warrant to pick up that pill vial.
Our baby was found in a cooler.
Are we saying these parents buried an empty casket? I checked out the funeral home that the Browns used.
There are multiple Health Department violations.
The Browns could have paid them off.
Why dump the body in the river? Why not just bury it? We're not going to know until the parents give it up.
We can't prove the Browns are the parents without their DNA.
Which we can't get without more evidence.
We got the pill bottle.
Is that enough to dig up the kid's grave? I'll run tests on the lining, but I'm pretty sure there's never been a body in this coffin.
I see a selfless act of mercy, not a murder.
The law doesn't make that distinction, Counselor.
The jury will.
They'll never convict.
Juries don't like defendants who kill their own children.
If this was Dr.
Platner's idea and you agree to testify against him It was my idea.
But I couldn't bear to hurt Sarah.
So you had your husband do it? He had nothing to do with this.
Andrea, please, don't say anything else.
No, I need to tell them.
I didn't know what to do, so I asked Dr.
Platner for help.
And you wrote Andrea the prescription.
Nothing could have saved Sarah.
I've seen many children die.
Children born without brains, riddled with cancer.
This time, at least I was able to do something before that little girl suffered.
What about your oath? To do no harm? I couldn't even make Sarah comfortable.
Her mother wanted to spare her years of torture.
Now, would it have been less harmful to make her go through that? The jury will see him as an angel of mercy.
Or an angel of death.
Our version goes down a lot smoother.
We'll consider a plea if there's no time involved.
Your client provided the murder weapon.
We're not going to send the message that you can kill a terminally ill child and get off with a slap on the wrist.
You're looking at 25-years-to-life.
Not after the jury hears her story.
You fed Sarah the drugs.
DNA proves that little girl in the river is your daughter.
She was my baby.
You could never know how hard this was.
Instead of suffering, she just went peacefully to sleep.
It's still murder.
You're not testifying? I have a personal interest.
Sitting on the defense's side? Oh, ye of little faith.
I assumed that you were pro-euthanasia.
Yeah, for adults who are competent to ask for it.
But not for children? First kids with incurable diseases, then the disabled.
Where does it stop? Defense is going to argue that Andrea did this out of love.
It doesn't matter what intentions this road is paved with, Alex, it only leads to one place.
I was Andrea's pediatrician since the day she was born.
But you were more than just her doctor, weren't you? Well, Andrea's father, Joel, died when she was about 12.
I was sort of her surrogate father while she was growing up.
We lost touch from the time she went to college until Sarah was born.
How did you learn that Sarah was sick? At her two-week checkup, I saw the red spots in her eyes.
I told Andrea she had to get the girl tested.
And when the results of those tests came back? I told Andrea and Daniel their child had Tay-Sachs.
They felt terrible guilt because they had not been tested themselves.
Did you tell them what Sarah faced? Yes, I did.
Would you tell us? At about six months, Sarah would start having seizures.
Her vision would progressively deteriorate until she went blind.
Her brain function would slowly disappear.
She would lose the ability to sit up and swallow.
She would need a feeding tube to stay alive.
I told Andrea and Daniel that their beautiful little child would die a terrible death before she was five.
How did they take the news? As bad as you would expect.
They couldn't stand the thought of Sarah suffering and then losing her.
Doctor, at any time did you advise Andrea or Daniel Brown to euthanize their daughter? Absolutely not.
Then why did you prescribe the tricyclics that Andrea used to put Sarah to sleep? Andrea said that she was going to euthanize Sarah with me or without me.
You see, I knew what Sarah was going to go through.
I just wanted it to be as painless as possible for both of them.
Thank you, Doctor.
No questions for this witness.
Dr.
Platner, when you agreed to help Andrea Brown kill her daughter No, no, no.
That's not what I said.
Please let me finish, Doctor.
Did you ever talk to her husband, Daniel? No, I didn't.
But he was Sarah's father.
Andrea would have never done this if it wasn't what they both wanted.
You also falsified the death certificate, didn't you? Yes, I did.
Did you also advise Andrea to dump Sarah's body in the Hudson River? No, no, of course not.
Then why did you arrange for the funeral home to bury an empty casket? Andrea was supposed to call me when Sarah had gone to sleep.
But she panicked.
She didn't come to me until after she had already put Sarah in the river.
And you helped her cover it up? Yes, I did.
Dr.
Platner, do you think that children who have no chance of survival should be euthanized? Objection.
Overruled.
Have you ever seen a child with Tay-Sachs? Or any fatal disease? And how would we determine the criteria for killing a child? Those born with half a brain? Deaf children? Blind children, maybe? Is this necessary, Your Honor? You've made your point, Miss Cabot.
Move on.
Dr.
Platner, for how many other patients have you ended the suffering? None.
Then why did you do it in this case? Sarah was hopeless.
I was like a father to Andrea.
I couldn't let this destroy her, too.
Nothing further.
Daniel had to work late that night.
I crushed the pills, I put them in some formula.
I nursed her one last time, and then I gave Sarah the bottle.
And I I held her and I watched her as she peacefully drifted off to sleep.
Tell the jury what happened next.
I lost it.
I was supposed to call Judah Dr.
Platner, but I put Sarah in the car and I just drove.
I went to the river and stopped at a place where Daniel and I used to picnic.
Did you call your husband? No.
I didn't want him to see our baby like that.
What did you do? I put the tire iron into the grocery sack, I tied it around the handle.
I wrapped Sarah in a blanket and I And I put her inside and I placed it on the water and I just I watched while it disappeared.
Andrea, you had other alternatives, didn't you? There was a support group that Judah recommended.
And I went and I listened to the parents discuss their kids.
They can't move.
They can't see.
It made me even more determined to do what I did.
Why? Because I loved Sarah so much.
I could not stand to see her suffer.
Nothing further.
Sarah wasn't showing any symptoms of Tay-Sachs.
Why didn't you wait until she did? I didn't want her to be in any pain.
Wasn't this as much about your pain as it was Sarah's? I did it to spare Sarah, not me.
I will be in agony for the rest of my life.
You testified that you went to the support group by yourself.
Where was your husband? I didn't think he could handle it.
Dr.
Platner said that you both wanted to end Sarah's life and yet you told detectives that your husband wasn't involved.
Why did you make this decision on your own? I didn't want Daniel to be the one who did it.
I know what I did was against the law.
But I believe in a loving God.
And I cannot believe that a loving God would want an innocent child to suffer so horribly.
Miss Cabot.
Your client seems upset.
What's going on? Dr.
Platner asked me to talk to you.
Why? He wants to make a deal.
In return for what? I've already testified, Ms.
Cabot.
Believe me, I'm not hiding anything.
I did what I had to do for Andrea and Sarah.
What happened to your noble intentions, alleviating the suffering of dying children? I've been taking care of children for almost 40 years.
If I'm convicted, I'll die in prison.
What are you looking for? Man two, five-to-15.
And this doesn't have anything to do with the fireworks I witnessed after court today? There isn't anything that my client knows that he hasn't told you or the jury.
And he may very well be acquitted.
You didn't let Platner cop a plea, did you? We told him we'd sleep on it.
All that posturing about euthanasia and now he just wants to give up? What's he really afraid of? I'm not sure, but Platner looked pretty surprised when Andrea testified she never told her husband what she was going to do.
This was the most important decision of their lives.
How could she not include him? She said she didn't want Daniel to be the one who did it.
Maybe she was protecting him.
Not from us.
Even if he was involved, the only proof of that would be Andrea's testimony and spousal privilege puts that off limits.
Well, maybe Andrea was protecting him from the truth.
About what? Every Jewish couple I know got tested for Tay-Sachs before they walked down the aisle.
Why would an educated couple like the Browns roll the dice and take those chances? Because they thought there was no chance they could have a Tay-Sachs baby.
If Danny wasn't born Jewish, he'd got better odds at hitting the lottery than carrying the Tay-Sachs gene.
What kind of offer requires the presence of the defendant's husband but not her? No offer.
We have a court order for a DNA test for Mr.
Brown.
What the hell for? We checked your birth certificate.
You were born Catholic.
Yes, but I converted to Judaism before Andrea and I got married.
So what? So there's very little chance that you carry the Tay-Sachs gene.
You can't do this.
I know my rights.
Spousal privilege.
Husbands and wives can't incriminate each other.
Well, that's not entirely true.
Communication between spouses is protected.
But the privilege doesn't cover DNA.
We can take you to the M.
E.
's office right now for the DNA test.
Don't waste your time.
I'm not Sarah's biological father.
Andrea told you, didn't she? About the affair.
After she was arrested.
But I suspected something when Sarah was diagnosed.
It was with some guy in her office.
How do you know she wasn't just trying to cover up the affair when she killed Sarah? Because she loved that child more than anything in the world.
Please state your name for the record.
Steven Kellerman.
Mr.
Kellerman, how do you know the defendant? I worked with her.
What was the extent of your relationship? I'm not sure what that means.
Did you have sex with Andrea Brown? It only happened once after we'd worked late.
Her husband was away.
After that, you transferred to a different office, didn't you? To Boston, yes.
When did you become aware that Andrea Brown was pregnant with your child? When I read about the case in the newspaper.
So you're saying you never even knew about your own daughter? Yes.
Nothing further.
Who ended the affair? Andrea did, immediately after it began.
I loved her, but she loved her husband and she had a moment of weakness Objection! Mr.
Kellerman is not here as a character witness.
Sustained.
Jury will disregard.
When you read about Andrea in the newspaper, why didn't you come forward? Because I had a brother that died of Tay-Sachs and I've seen what that does.
And if I'd been in Andrea's position, I would have done the same thing.
I'm very sorry.
Andrea Brown's actions had one purpose.
One.
To spare the child she loved years of horrible agony, leading to an inevitable death.
When you go into the jury room, ladies and gentlemen, you must decide if this woman deserves to go to prison for at least 25 years.
But before you answer that question, ask one of yourselves, "If this were my child, "what would I do?" And if that question gives you pause, I pray you decide that Andrea Brown has already suffered enough.
Andrea Brown ground up a lethal dose of antidepressants and fed it to her baby.
The defense doesn't dispute these facts, but they argue Mrs.
Brown acted out of the noblest of motives.
Let's examine these motives.
Andrea Brown had an extramarital affair and got pregnant.
When she found out the baby wasn't her husband's, did she tell him? No.
Did she tell Steve Kellerman that he was the father? No.
Did she tell Dr.
Platner, when pressuring him for a prescription, an act she knew could land him in prison? No.
From the start, Andrea Brown's primary concern was preserving her marriage, her image, and her lifestyle by hiding at all costs her affair.
She knew that the longer Sarah was alive, the greater the chances someone would find out that Daniel Brown was not the father.
So she killed her daughter, a helpless child who had not yet begun to suffer the effects of Tay-Sachs, all of this to conceal the fact that she'd slept with another man.
The defense would have you believe this was an act of mercy.
It wasn't.
This was a clear-cut case of murder.
On the sole count of murder in the second degree, how does the jury find? We find the defendant guilty.
Good work, Counselor.
She didn't deserve 25-to-life.
Jury thought so.
Because I turned her into a whore.
It doesn't matter.
She killed her child.
What if it was your daughter? What would you have done? Whatever I could.