Law & Order (1990) s09e01 Episode Script
Cherished
NARRATOR: 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.
Please, just take me in your car.
The hospital's only a few blocks.
(SIREN WAILING) Hang on, they're almost here.
Please help the baby.
What's wrong with it? She fell out of the crib.
It's her head.
Please, help her.
All right.
Come on.
Now let's give them some room.
It's gonna be all right.
It's gonna be all right.
All right? Hang on one second.
What do you got? Baby's dead.
She was dead before we got here.
How long? Not long, still warm, no lividity.
This baby didn't fall out of no crib.
How do you know? It's a three-foot drop.
You don't die from that unless you land wrong and break your neck.
Her neck's fine.
Sure, the bruises could be consistent with a fall, and maybe she cut her head on something on the way down.
So why are we here? There's one bruise in front and one in the back.
Did she fall twice? Maybe she bounced.
You tell the parents you think they beat the baby? I didn't say anything, and I don't think anything, except that this needs explaining.
That's your job.
Sorry if I interrupted your coffee break.
When's the last time we had a coffee break? August of '96.
I got up at 6:30, went to check on her, and she was on the floor in front of the crib.
I can't believe you think we would hurt her.
How'd she get the cut on her head? I don't know.
Look, either there's something she could've cut her head on or there's not.
You think we spent five years on a waiting list just so we could beat a baby to death three days after we brought her home? Well, we can clear this up pretty fast.
We'll take a look at her room.
You mean come to our apartment? Yeah.
We didn't do anything wrong, and you're not coming into our apartment.
Not without a warrant.
Then you can come to the station with us.
Are we under arrest? Not at the moment.
Then we're not going.
You didn't see the look on their faces, Judge.
They did a 180 so fast we got whiplash.
I can think of a thousand reasons people might not want cops in their apartment.
Yeah, illegal drugs, unregistered guns.
That's the attitude that makes the Fourth Amendment such a good idea.
Listen, the paramedic said there was Yes, you told me.
You don't even have a cause of death.
If the M.
E.
Calls it homicide, you know where to find me.
Hi, Jane! CHARTERS: I can't rearrange my schedule unless Dr.
Rodgers tells me to.
So, how long? I'm cutting as fast as I can.
Why don't you give her a quick look and tell us what you think.
(SCOFFS) Determining the cause of death is a complex Yeah.
But you check them when they come in.
Listen, you don't have to sign off on anything, just give us something to go on.
(SIGHS) Two recent bruises, one sphenoid, one temporal.
Bad enough to kill her? Maybe.
And there are four less severe bruises that are three or four days old.
Like maybe somebody pounded on her regularly? It's a possibility.
You want my off-the-record opinion, you're looking at a homicide.
You want something on paper, you'll have to wait.
We can't know if it's a homicide until the M.
E.
's office Yes, sir.
Uh, sorry to bother you.
Captain McKinney declines to put pressure on the M.
E.
Guy really knows how to nurse a grudge.
He's been chilly since my lawyer deposed him.
Go figure.
Find something to change the judge's mind.
Moved in maybe about them and the boy.
They have another kid? Yeah.
Nicholas.
Uh, six, seven.
Must've slipped their minds.
How do they treat him? I see 'em when they go out and when they come in.
What would I know? I can tell you they've been through about half a dozen nannies since they've been here.
Why's that? (EXCLAIMS) They close with any of their neighbors? Don't think so.
They keep to themselves.
Anybody ever complain? Screaming or crying coming from the apartment? (LAUGHS) No.
Not to me.
Children's Services were snooping around about three months ago.
What happened? They came, they went.
Kid's still here.
If anything was wrong, they wouldn't have let them adopt another one, right? I conducted an investigation, no action was required.
You have to wait until a kid shows up dead? No action was required.
Who made the complaint? I can't tell you that.
Lady, this is going to hit the news, and the fingers are gonna be pointed at you.
You rather have us on your side or not? Who made the complaint? You told Children's Services, why not tell us? No, the señor and señora have their (SPEAKING SPANISH) Lawyer.
Sí, their lawyer said to me that I am not to make any trouble for them again, or they will send la migra and take away my green card and deport me.
Well, you have your green card, right? They can't do anything to you.
(SPEAKING SPANISH) She says she can't help us.
"The devil is in that house.
" So you go back to the judge and tell her what? The devil made them do it? She'll say you need an exorcist, not a warrant.
Well, we thought, coming from you Wait for the autopsy.
You gun-shy all of a sudden? LT, there's something's wrong in that family.
(SIGHS) Who's the riding A.
D.
A.
? Abbie Carmichael.
Oh, so she finally got out of Special Narcotics.
I know her.
She can help.
You didn't sue her, too, did you? (LAUGHS) JUDGE: There's still no cause of death.
Nothing's different.
And siccing the D.
A.
's office on me doesn't help your cause.
CARMICHAEL: Your Honor, I have booked time in the Grand Jury.
I am looking to charge the Warings with obstruction.
Give it up, Carmichael.
Refusing police entry into one's home is not obstruction.
Threatening a witness is.
The detectives tried to talk to a Mrs.
Angela Cruz, who used to work for the Warings.
Mrs.
Cruz was afraid to talk to them because the Warings threatened her with deportation if she opened her mouth.
Is Mrs.
Cruz here illegally? She has a green card.
I want the detectives to search the Warings' apartment to find proof they knew their threat was extortionate and thereby obstructed justice.
And what evidence do you expect to find in their apartment? If they hired and paid her legally, I expect to find a copy of Mrs.
Cruz's green card, I expect to find her Social Security number.
All right, Ms.
Carmichael.
You didn't tell us you booked time with the Grand Jury.
What Grand Jury? (CHUCKLES) Where's the baby's room? There.
Where's your son, Nicholas? He's in his room.
Where's his room? Can you wait until my husband gets back? What are they doing? They're taking this stuff down to the lab.
Now, where was she when you found her? I think I'd better wait for my husband.
Fine, you can wait with the officer right here.
Lennie.
Bring her with you.
This your son's room? PHILLIP: Elizabeth? Elizabeth? They have a warrant.
Hey, you must be Nicholas.
My name's Rey.
Hey, can I take a look at your arm? BRISCOE: How did you get those, Nicholas? I fell.
I'm going to call our lawyer.
I'll get Children's Services.
And you can call your lawyer from our station house.
The boy himself told you he fell.
Yeah, with his parents standing there, glaring at him.
Where's my son? Children's Services.
They don't know him.
They don't care about him.
They're not the ones keeping him in a dungeon.
You don't understand.
No, I don't.
Explain it to us.
I really want to hear this.
CSU found this tape in their apartment.
I hate you! I hate you! Nicholas! Nicholas! You're safe now.
You're safe now.
Get out! Nobody's gonna hurt you here.
I'm gonna kill you! (SHUSHING) I hate your guts.
I hate your guts! Nicholas, you're safe now.
(SHOUTING) There's your devil.
(SPEAKING SPANISH) At least his head didn't spin around.
(SCREAMING) Nicholas Hold on, sweetie! I'm right here.
We love you, Nicholas.
I hate you! I hate you! Nicholas! Nicholas! You're safe now.
Get out! So? I see what you see.
He's disturbed and violent, manages anger badly and has poor impulse control.
That explains why they stonewalled us so hard.
They knew he killed the baby.
This behavior is almost certainly a reaction to severe abuse.
You know anything about his background before he was adopted? He's adopted, too? Yeah.
Of course he is.
Why else would his mother assure him he's safe now, no one can hurt him here.
Could he have attacked the baby? Sure.
Did he? Couldn't even hazard a guess from the tape.
If I could talk to him He's a suspect.
You can't speak to him without his parents' permission, and they say no.
Well, call me if they change their mind.
Pull the state files, find out what agency placed the boy with the Warings.
See if he has a history.
Of what? Punching babies? Or torturing cats, setting fires.
Whatever.
It's our policy not to discuss matters related to pending litigation.
BRISCOE: There's a lawsuit over the boy? Yes.
Who's suing? The Warings? Yes.
Because he's violent? I really can't talk about it.
BRISCOE: So, he's attacked people before? I didn't say that.
Come on.
Let's face it, the kid's a lunatic, right? He's a perfectly charming little boy.
I interviewed him at I really can't talk about this.
I'm sorry.
According to the court records, the agency neglected to mention the boy had attachment disorder.
If he has it, the kid's a sociopath.
"Lf"? Attachment disorder's over-diagnosed, like hyperactivity.
Kid can't sit still, he's hyperactive.
Kid hates his mother's guts, bing-bang, it's A.
D.
What's the story on the birth parents? The mother was a drug addict, her brother was a pedophile who raped him repeatedly and rented him out to other pedophiles.
He was beaten when he cried.
He ate out of a garbage can because his mother would forget to feed him.
I need to decide how hard to pursue this and in what direction.
If he has attachment disorder, he's capable of killing a baby.
He has no empathy.
No conscience, no remorse.
What's the best setting for him? You mean, where can he do the least damage? There's no wonder drug, no proven therapy.
You don't know what he's been through.
I do.
And I'm sorry.
Did you see him attack the baby? No, and we have no reason to think that he did.
If you think he's innocent, then why are you covering for him? They're not covering for him.
They're just trying to protect him from unfounded accusations.
According to your lease, you paid a pet deposit for a dachshund.
The police found no dog in your apartment.
What happened to it? I want our psychiatrist to talk to him.
What's the point of this? You can't charge the boy with a crime, he's too young.
I don't need to charge him with a crime.
If I take this to family court, a judge will decide where to institutionalize the boy.
Bluff.
She has nothing to take to family court.
The videotape proves he's dangerous to himself and others.
Work with me to do what is best for Nicholas.
We are doing what's best for him.
You people look at him and you see a little monster.
My husband and I see a wonderful boy who has suffered horrors no child should go through.
You have no idea how much progress he's made.
She doesn't care.
It's like watching Ted Bundy at the beginning of his career.
I don't want this kid let loose in society without treatment.
Yeah, but unless the parents or the kid fess up, that's it, case closed.
I'm gonna ask family court to rescind the Warings' adoption of the boy.
Based on what? You saw the room they kept him in.
Wouldn't you call that abusive and neglectful? What does that give us? The court appoints a guardian, who gives permission for Skoda to talk to the kid.
He's a difficult child, so they lock him in what amounts to a bare cell.
Children's Services investigated, they found no abuse, no neglect.
Do I have to tell you how many fatal mistakes Children's Services has made? They're doing what the boy's psychiatrist recommends.
You've seen the videotape.
When he loses control, they don't lose their temper, they don't strike him They just immobilize and hold him firmly until the fury passes.
He's seven years old.
What will they do when he's 18? We're doing everything that can be done.
He's on medication, he's in therapy, we give him love.
There's absolutely no reason to think he can't get better.
Your Honor, this child is violently disturbed.
He needs to be in a setting where he's supervised by professionals.
Nobody can do any more than we can for Nicholas.
Nobody else has ever loved him.
No matter how much they love him, they are not equipped to deal with him.
He's under suspicion for killing a baby, and I believe he's also killed a dog.
You believe? They had a dog, then they didn't.
I asked Mr.
And Mrs.
Waring about it, they wouldn't respond.
That was eight months ago.
He's made a lot of progress since then.
Not if he's graduated to killing babies.
There's no evidence he did.
Somebody did it.
If it wasn't you or your wife I agree with Ms.
Carmichael.
It's in the boy's best interest to have round the clock, professional attention.
SKODA: Were your parents still asleep? Yes.
And you went into the baby's room? Yes.
What did you do? I said hello to her.
She wouldn't look at me.
She was like that sometimes.
What did you do? I poked her, like this.
Can you show me? Did you take her out of the crib? Mmm-hmm.
Did you drop her? Uh-uh.
I put her on the floor and I hit her like this.
With your fist? Mmm-hmm.
How many times? How hard did you hit her? Not too hard.
She just wouldn't look at me.
Did you cut her face? I scratched her, like this.
I wanted to make her cry.
Because she wouldn't look at you? She didn't cry.
She hardly ever did cry.
(SIGHS) Then what? I went back to my room and I played with my dump truck.
Did you mean to hurt her? Listen, it wasn't my fault.
She just wouldn't look at me! (EXHALES) You saw him.
He can't connect the dots.
He doesn't grasp that other people exist apart from his needs.
Sounds like half the people I know.
(EXHALES) Like I said, no empathy, no conscience, no remorse.
Arrest him.
How about the people who made him what he is? Turn him into a psychopath, then lock him up? Better now than after he shoots up a schoolyard.
CURTIS: We have to arrest him.
No.
You want to put him someplace with bars on the windows, guards at the doors, What the hell is wrong with you people? Please, just let him come home.
I'm sorry, Mrs.
Waring, that's up to the court to decide.
(SHOUTING) Nicholas, you have to come with us.
Come on.
PHILLIP: Please! He'll be all right.
(CONTINUES SHOUTING) Arresting a seven-year-old kid for murder? A kid with a laundry list of psychological problems? What was Carmichael thinking? Why don't you ask her? I will.
And I don't like the way she got the parents removed as guardians.
Sounds like you're sorry you didn't think of it first.
Her tactics are highhanded, and she doesn't have enough experience for major felonies.
Four years in Special Narcotics is nothing.
A 95% conviction rate isn't nothing.
She's earned her stripes.
Work with her.
I understand you're opening a children's wing on death row.
Jack McCoy? Abbie Carmichael.
Thrilled to be working with you.
As for Nicholas Waring, I gave his parents a chance to do it the easy way.
So you do an end run around his civil rights? He's gone from dogs to babies.
What's next? Should I have waited for him to go after his parents with a hammer? You think he's better off in children's lockup in Bellevue? I weighed his rights against society's.
My decision was ethical and legal.
It's nothing for the disciplinary committee to sweat over.
(SCOFFS) If you have something to say, say it.
Sorry.
I know they exonerated you.
It's just that I don't like being second-guessed, either.
I wouldn't be second-guessing you if you'd checked with me first.
This is a team operation, Ms.
Carmichael.
We discuss these things.
I'll keep that in mind.
The Warings filed their appeal on guardianship.
I started briefing our response, if you want to take a look.
I'm sure it's brilliant and on point.
Unfortunately, it's all moot.
The boy didn't kill the baby.
They told me the autopsy would be ready at the end of the week.
You should get to know the cutters in the M.
E.
's office.
The cause of death was heart failure.
The cut and bruises were inflicted postmortem.
This says the baby was two and a half years old.
The Warings' daughter was 13 months.
They autopsied the wrong kid.
Why don't you go down to the M.
E.
's office and introduce yourself.
(DOOR SLAMS) It's the right baby, and she was two and a half.
Bone age doesn't lie.
But I saw her photos.
Well, she looked younger because she was underdeveloped.
Long-term neglect.
This cause of death doesn't mean anything.
A bullet can cause heart failure.
Oh, this kid had massive medical problems.
I'm sorting through them all to pinpoint the exact cause of the heart failure.
In the meantime, we have a seven-year-old suspected of murder.
So you do.
All I can tell you now is that little girl was dead by the time her brother laid a hand on her.
It's a relief to know Nicholas didn't kill her.
Thank you for telling us.
Can he come home now? We still have a few questions.
What kind of questions? You told the police you'd had the baby for only a short time.
LINDE: Three days.
You have the adoption papers? Of course they have the papers.
Is there a custody issue here over a dead baby? The issue is who had the baby before them.
I don't understand the relevance.
The Medical Examiner said the baby suffered long-term neglect.
That's why she appeared so small.
Small? My sister's baby is the same age.
According to the M.
E.
, your baby was two and a half years old.
Now, where did you get the baby? Gray market adoption? An independent adoption, yes.
We had to.
A reputable agency wouldn't put a baby near Nicholas? The broker said the baby was fine.
We paid him $12,000.
What was his name? You know my files are confidential, Ms.
Carmichael.
What I do is perfectly legal, so don't come in here and start threatening me, you understand? You passed on a baby who'd been so severely neglected she had only days to live.
If you think that's legal, I've got bad news for you.
I didn't know.
Where'd the baby come from? We're not letting go of this, and if I find out you knew anything about the baby's condition Look, I got a call from a lawyer, he represented a woman who wanted to get rid of her baby.
What was the lawyer's name? Smith.
John Smith.
Look, the child's papers are in order.
Here's the birth certificate.
Diane Sullivan.
It's legitimate.
The county recorder's stamp is genuine.
And here's the health certificate, signed by a Dr.
Andre Kostov.
I called Mr.
And Mrs.
Waring, who were thrilled.
The lawyer brought the baby to me, and the Warings picked her up.
Did you speak to the baby's birth parents? James and Patricia Sullivan? Why? I don't understand.
Diane died in a car accident with my mother a year ago.
She was just three months old.
Somebody has used her birth certificate to document and sell another baby.
They must've just gone to the county clerk and pulled the birth certificate.
The police looked into that.
No one has requested her birth certificate in the last 12 months.
I need to know from you if anyone besides you had the certificate.
Only Edward Connery.
The lawyer who represented us in the wrongful death suit against the other driver.
CARMICHAEL: Unless you want to add convicted felon to your resume, I suggest you tell us where you got that baby.
My client couldn't keep it any longer.
I agreed to arrange an adoption.
There's no felony.
You're saying you were unaware the baby was at risk? That's what I'm saying.
I was given a health certificate.
Then why switch birth certificates? My client wanted me to protect their privacy.
We need to talk to your client.
You know I can't divulge privileged information.
Your client's identity is not privileged.
I say it is.
You want to be charged as an accessory? If you want to defend a false arrest lawsuit.
Arrest him.
On what charge? Filing a false business document, for starters.
That should hold up about 10 minutes, Abbie.
The man is a partner at Peterson and Gold.
It doesn't make sense he would dummy up a birth certificate for a client.
It's closer to home.
A relative.
Or himself.
Find out if he has a wife or a girlfriend with a baby that suddenly isn't there anymore.
Thank you.
At this time, we suspect you of abandoning your baby.
Before we go on, we have to advise you of your rights.
I know my rights.
Are you waiving them or asserting them? I want to talk to my husband.
After he makes bail.
Are you willing to talk about the baby? You don't understand.
She wasn't really ours.
We adopted her about a month ago.
VAN BUREN: And what? More responsibility than you wanted, so you just dumped her? CARMICHAEL: Why didn't you return her to the agency? If you only had her for a month, the adoption isn't final.
What's the problem? I want to see my attorney.
Call this attorney, tell her she's got a client under investigation for a homicide.
Homicide? We didn't have anything to do with that.
She was going to die anyway.
First, the baby was born premature.
How do you know? There was evidence of an old intraventricular hemorrhage, common in preemies.
That didn't kill her? (SIGHS) No.
She also had atypical teratoid growths in the spinal region.
Even otherwise healthy children almost never survive that type of cancer.
So she died of cancer? She died of a metabolic problem called fatty acid oxidation disorder.
Her liver failed, her heart failed.
And so you know, with proper treatment, almost nobody dies of this disorder.
JACK: What's proper treatment? Diet.
Treating infections expeditiously.
If she'd been fed right, she would've lived? Until the cancer killed her.
Thank you.
If we need anything more, we'll call you.
(SIGHS) I can probably get an indictment for manslaughter.
Manslaughter? They never gave that baby a chance.
They faked an identity for her, they never told anyone she needed medical attention.
I don't see any intent here to kill this baby.
CARMICHAEL: It's depraved indifference.
Murder two.
They knew the baby was gonna die.
They didn't care one way or the other.
Assumption.
Charge them with man one.
So, we send a message it's sort of okay to kill a baby? This isn't a couple of teenagers who killed their newborn because they were scared.
These are two adults who went to a lot of trouble to dump a dying child and to cover their tracks.
I may be the new kid here, but to me this sounds like murder.
Megan, what are you doing here? She's under arrest for murder, Mr.
Connery.
And so are you.
Let's go.
You want a lawyer, Counselor? It was a spontaneous admission, Your Honor, there's no basis for suppression.
Mrs.
Connery had asked to see her attorney.
Ms.
Carmichael was required to cease the questioning.
And the questioning did cease.
Lieutenant Van Buren made an offhand remark to a police officer.
All Mrs.
Connery had to do was keep her mouth shut.
You're splitting hairs, Mr.
McCoy.
The lieutenant made a provocative and unnecessary remark.
Maybe it was designed to elicit an unguarded response from Mrs.
Connery, maybe not.
No, sir, it wasn't.
ROCKWELL: Now, I've seen enough of these charades to know the likelihood is there.
I'm suppressing her statement they knew the child was in poor health.
Mrs.
Connery's statement is the only evidence the D.
A.
Has that they knew about the baby's medical condition.
There's no longer any basis for the charges against them.
Your Honor, these people callously and deliberately abandoned a sick little girl, who died because of their actions.
And I wish you luck in proving that, Mr.
McCoy, but until you have admissible evidence to that effect, the charges are dismissed.
The Connerys found out somehow about the child's condition.
What about the doctor who signed the health certificate, Kostov? Was he part of the collusion? He's not listed in the state medical association.
The cops are trying to track him down.
The Connerys must've had a pediatrician.
I'll check with their medical insurance company.
I've been her gynecologist for 15 years.
All I can say is that I counseled them to consider adoption.
You thought they'd be good parents? No reason to consider otherwise.
Would it surprise you to know that they kept the baby for three weeks and then got rid of it? The Connerys? No, there must be some mistake.
They were so desperate to adopt they went halfway around the world.
Where's halfway around the world? Russia.
I checked with U.
S.
Immigration and the Russian consulate.
The Connerys have been to Vologda, Russia, twice in the last three months.
The second time they brought back a baby girl, Mariana Petrova.
Still doesn't prove they knew the child was sick.
No, but I've located Dr.
Kostov.
I am a diplomat.
I am attached to the World Health Organization.
Nice try.
I checked.
You're a temporary consultant without immunity.
Why did you sign a health certificate for a baby with serious medical problems? To my knowledge, I have done no such thing.
If you excuse me.
I checked with immigration.
Dr.
Kostov signed numerous health certificates for Russian children adopted by Americans.
Where does he get the children? He has an exclusive deal with three orphanages in Vologda who offer the children for adoption to foreign couples.
How many couples did you find? Eight.
They were given sick children, too? Two of the families have had no problems as yet.
The others do, to varying degrees.
JACK: And he told them the children were healthy? Yes.
One family adopted a little boy with a club foot.
Easily correctable.
Dr.
Kostov said that was the only thing wrong with him.
So far they've spent $80,000 in fixing other problems, and that's on top of the 20 grand they paid Dr.
Kostov for the placement.
He's peddling defective children without regard for their welfare.
Or the welfare of the adoptive parents.
A fine summation.
What's the charge? JACK: Same as the Connerys.
Murder two.
Depraved indifference.
CARMICHAEL: It's a stretch.
He's one step removed from the child's death.
Morally, he's just as culpable.
You need one to convict the other.
See who blinks first.
The only way my clients will plead to anything is you agree to a fine and a walk.
CARMICHAEL: A fine? For filing a false document.
How much for killing a baby? Please.
We didn't mean for her to die.
If Dr.
Kostov hadn't lied to us, none of this would've happened.
The offer is man one, minimum sentence and you testify against Dr.
Kostov.
JACK: You gave Mariana Petrova a clean bill of health.
She died of a diagnosable and treatable disease.
I told the Connerys to make sure she ate regularly and got plenty of Vitamin A.
Did you tell them about the spinal tumors? I knew nothing of spinal tumors.
You can try and sell that.
I'm asking the Grand Jury for a murder two indictment.
You can't be serious.
My client is a distinguished representative Your client is a ghoul who traffics in dying children.
Whatever actions Dr.
Kostov took occurred on Russian soil.
You have no jurisdiction.
The baby died here.
It's a result offense.
CPL-2010, Sub Three.
I have all the jurisdiction I need.
What are you angling for, Mr.
McCoy? CARMICHAEL: Whatever your client can tell us about his dealings with the Connerys.
Man one, minimum sentence.
Three-to-six.
No, no, no, no, no, no.
I am not responsible for any of this.
If that's your position, you can take your chances with a jury.
(DOOR OPENS) (DOOR CLOSES) So, who do you want to put on trial? All of them.
ATKINS: I was the physician in charge the night the Connery's brought their child into the E.
R.
What was wrong with her? They said she wouldn't eat.
She was vomiting.
We stabilized her, and I suggested to the parents that she be admitted for tests.
Why? She was lethargic, undersized, had poor muscle tone.
What was the result of the tests? The carnitine level led us to suspect fatty acid oxidation disorder.
Tests also uncovered several cancerous spinal tumors.
Were the cancers treatable? Well, surgery wasn't an option.
I told them they could try chemotherapy, but that any course of treatment would be very expensive and the outcome was unlikely to be positive.
This is a cancer that kills.
Always? Virtually.
How long could the child have lived? A year, maybe two.
Doctor, what is fatty acid oxidation disorder? Well, as the name implies, the system is unable to oxidize fatty acids, so the deposits build up in the liver.
Fatal? If it goes untreated, yes.
Possibly in a matter of days.
Is there a scientifically recognized treatment? Well, the factors that stimulate the disorder, infection and improper diet, control these and the patient can live a normal life span.
Did you give all this information to Mr.
And Mrs.
Connery? Yes.
No more questions.
If that was a little rough, Mrs.
Waring, we can call you after the trial, give you the verdict.
Now you worry about being rough on us? You don't have to put yourselves through this.
It's so I still can't believe anybody would do what they did.
All they had to do was tell us.
We would have taken her anyway.
I had no reason to suppose the child would not respond to affection and a proper diet.
Did you know she had a specific metabolic disorder? No, I did not.
Did you know she had cancer? No, I did not.
So when the Connerys told you, it came as a surprise to you? Yes.
They wanted me to take the child back.
A child is not a defective washing machine.
I told them they cannot return it to the manufacturer.
Thank you.
So, it's your testimony you didn't know that Mariana was gravely ill? Yes.
People's 17, Your Honor.
A translation of a report prepared by the director of the orphanage Mariana Connery came from.
Could you read the highlighted section, Doctor? "Every effort should be made to find American and European families "for orphans with medical problems "that cannot be successfully treated in this country.
"We can place most of the healthy children with Russian families.
" So, your mission is to palm off sick children on unsuspecting Americans, Dr.
Kostov? You people have the resources to help them.
We don't.
Oh, I see, your motives are altruistic, is that right? Yes.
And to accomplish this laudable goal, you sign false health certificates, is that right? If I must.
And in exchange for this, you put $20,000 per child into your altruistic pocket, is that right? $20,000 can save a lot of children in Russia.
There is an epidemic of child abandonment.
Every year the spring thaw uncovers hundreds of dead babies who were pushed down into the snow and left there to die.
I am saving as many as I can.
People's 18.
A translation of a financial statement from the same orphanage.
You'll note the highlighted section, Doctor.
Does it indicate that the orphanage receives $2,000 for each foreign placement? Where does the other $18,000 go? Your Jaguar? Your expensive home in Odessa? Objection.
The $1,500 Italian suit you're wearing? Enough, Mr.
McCoy.
You've made your point.
Why accuse me? Why don't you accuse them? To them, children are like fashion accessories.
Something to fill out their empty lives.
Objection.
They wanted a perfect child.
Even God cannot guarantee that.
That will do, Dr.
Kostov.
The jury will disregard.
Mr.
McCoy? I have nothing further.
MEGAN: When Edward and I found out we couldn't conceive a child, we were devastated.
Like everybody, we wanted a family.
We saw infertility experts, underwent dozens of procedures, but nothing worked.
After a while, we decided to adopt.
MARSDALE: How did you meet Dr.
Kostov? Through an agency that specializes in Eastern European adoptions.
What were you told about her background? Dr.
Kostov told us that Mariana had been in the orphanage for only a few weeks.
That her mother had given her up because she wanted her to have a better life.
Did he tell you she was sick? He told us that she was healthy, but she would get sick if she stayed in the orphanage.
The conditions were deplorable.
It was just a warehouse for children.
Dr.
Kostov pleaded with us to save her, to take her to the United States and give her a good home.
Later, you found out how sick she was.
What was your reaction? We were upset.
We felt so bad for her.
What did you do? Edward and I talked about it for days.
We thought at first that we'd be able to deal with it.
But we couldn't.
We tried to return her to Dr.
Kostov.
He wouldn't take her back.
He said that she was our responsibility now.
Then what did you do? We tried to find someone who would take her.
Adoption agencies, baby brokers.
One broker told us that she had a snowball's chance in hell of being placed anywhere else.
So we called another broker, and we lied.
He said he knew a couple who would take her.
Did you think you were doing the right thing? We honestly thought that she'd be better off.
When I was six, my older brother got cancer.
He died three years later.
My parents were drained, financially and emotionally.
The ordeal destroyed their marriage.
I'm not Mother Teresa.
I just don't have the emotional resources to go through that.
Thank you, Mrs.
Connery.
Mrs.
Connery, was Mariana covered under your medical insurance? No.
We couldn't get coverage because of her preexisting medical conditions.
So, the cost of treating her would've been borne entirely by you? Yes.
You knew she required a specific diet to keep her alive, is that right? Yes.
You knew from experience how difficult it was to feed her? Yes.
But when you abandoned Mariana to the broker, you decided to keep that tidbit of information to yourself, correct? I Yes.
Did it occur to you to call the broker and tell him after she was in her new home? I assumed that whoever got the baby would take her to the doctor, and they would find out what was wrong with her.
Doesn't it bother you that your assumption cost Mariana her life? Objection! CARMICHAEL: Your Honor, they raised the defendant's state of mind on direct.
I'm entitled to cross on it.
Overruled.
Answer the question, Mrs.
Connery.
We were trying to do what was best for her.
Then why falsify documents? Why hide where she came from? I In fact, as long as you could make her somebody else's problem, you just didn't give a damn, did you? It's easy for you to sit in judgment, but what would you have done? Please, tell me.
What should we have done? Did you call Children's Services? Did you talk to your own doctor? Did you talk to other families who were in similar situations? Did you, Mrs.
Connery? No.
I have nothing further, Your Honor.
Why should I make a deal with you now? No room for mercy, Mr.
McCoy? What can you offer? EDWARD: Our remorse.
We feel terrible about what we did.
Did you feel terrible before you were caught? You accept your responsibility for Mariana's death? Dr.
Kos Yes, we do.
Is the man one offer still on the table? We'll get back to you.
They'll be pariahs for the rest of their lives.
They lose a few friends.
That's your idea ofjustice? Three-to-six years in a state prison is not a cakewalk.
How many drug dealers got a free pass from you? The ones who could give me someone bigger in return.
All the Connerys have to offer is their plea-bargained remorse.
She's still trying to blame it off on Kostov.
Did you see her husband cut her off? She's the least culpable of the three.
Oh, gentlemen, please.
That sorry excuse for a woman has a hole in her soul.
That's enough.
I can take care of myself, Adam.
Then remain objective.
It was Edward Connery's actions that directly caused a little girl's death.
And he's an attorney.
He knew what he was doing.
The Connerys will never do this again.
Kostov has and will, over and over again.
Kostov's children better off in their new homes? CARMICHAEL: All but Mariana.
I have a solution that will make us all happy.
What's that? No deals for anybody.
Let's hang them all.
(LAUGHS) ROCKWELL: As to the defendant, Andre Kostov, on the first count of the indictment.
Murder in the Second Degree, how do you find? Not guilty.
As to the second count, Manslaughter in the First Degree, how do you find? FOREMAN: Guilty.
As to the defendant, Edward Connery, on the first count of the indictment, Murder in the Second Degree, how do you find? Not guilty.
On the Second Count, Manslaughter in the First Degree, how do you find? Guilty.
As to the defendant, Megan Connery, on the first count of the indictment, Murder in the Second Degree, how do you find? Not guilty.
On the second count, Manslaughter in the First Degree, how do you find? Guilty, Your Honor.
Man one all around.
I'll start working on the pre-sentence reports.
Any suggestions? You mean, who should spend more time in prison? Kostov or the Connerys? Don't get me started.
We can always skip the report and take no position.
Leave it to the judge.
Let's do that, for the sake of world peace.
The Warings filed a petition to get their son back.
We have till the end of the week to file our objections.
Can you and I agree we're too busy? Deal.
These are their stories.
Please, just take me in your car.
The hospital's only a few blocks.
(SIREN WAILING) Hang on, they're almost here.
Please help the baby.
What's wrong with it? She fell out of the crib.
It's her head.
Please, help her.
All right.
Come on.
Now let's give them some room.
It's gonna be all right.
It's gonna be all right.
All right? Hang on one second.
What do you got? Baby's dead.
She was dead before we got here.
How long? Not long, still warm, no lividity.
This baby didn't fall out of no crib.
How do you know? It's a three-foot drop.
You don't die from that unless you land wrong and break your neck.
Her neck's fine.
Sure, the bruises could be consistent with a fall, and maybe she cut her head on something on the way down.
So why are we here? There's one bruise in front and one in the back.
Did she fall twice? Maybe she bounced.
You tell the parents you think they beat the baby? I didn't say anything, and I don't think anything, except that this needs explaining.
That's your job.
Sorry if I interrupted your coffee break.
When's the last time we had a coffee break? August of '96.
I got up at 6:30, went to check on her, and she was on the floor in front of the crib.
I can't believe you think we would hurt her.
How'd she get the cut on her head? I don't know.
Look, either there's something she could've cut her head on or there's not.
You think we spent five years on a waiting list just so we could beat a baby to death three days after we brought her home? Well, we can clear this up pretty fast.
We'll take a look at her room.
You mean come to our apartment? Yeah.
We didn't do anything wrong, and you're not coming into our apartment.
Not without a warrant.
Then you can come to the station with us.
Are we under arrest? Not at the moment.
Then we're not going.
You didn't see the look on their faces, Judge.
They did a 180 so fast we got whiplash.
I can think of a thousand reasons people might not want cops in their apartment.
Yeah, illegal drugs, unregistered guns.
That's the attitude that makes the Fourth Amendment such a good idea.
Listen, the paramedic said there was Yes, you told me.
You don't even have a cause of death.
If the M.
E.
Calls it homicide, you know where to find me.
Hi, Jane! CHARTERS: I can't rearrange my schedule unless Dr.
Rodgers tells me to.
So, how long? I'm cutting as fast as I can.
Why don't you give her a quick look and tell us what you think.
(SCOFFS) Determining the cause of death is a complex Yeah.
But you check them when they come in.
Listen, you don't have to sign off on anything, just give us something to go on.
(SIGHS) Two recent bruises, one sphenoid, one temporal.
Bad enough to kill her? Maybe.
And there are four less severe bruises that are three or four days old.
Like maybe somebody pounded on her regularly? It's a possibility.
You want my off-the-record opinion, you're looking at a homicide.
You want something on paper, you'll have to wait.
We can't know if it's a homicide until the M.
E.
's office Yes, sir.
Uh, sorry to bother you.
Captain McKinney declines to put pressure on the M.
E.
Guy really knows how to nurse a grudge.
He's been chilly since my lawyer deposed him.
Go figure.
Find something to change the judge's mind.
Moved in maybe about them and the boy.
They have another kid? Yeah.
Nicholas.
Uh, six, seven.
Must've slipped their minds.
How do they treat him? I see 'em when they go out and when they come in.
What would I know? I can tell you they've been through about half a dozen nannies since they've been here.
Why's that? (EXCLAIMS) They close with any of their neighbors? Don't think so.
They keep to themselves.
Anybody ever complain? Screaming or crying coming from the apartment? (LAUGHS) No.
Not to me.
Children's Services were snooping around about three months ago.
What happened? They came, they went.
Kid's still here.
If anything was wrong, they wouldn't have let them adopt another one, right? I conducted an investigation, no action was required.
You have to wait until a kid shows up dead? No action was required.
Who made the complaint? I can't tell you that.
Lady, this is going to hit the news, and the fingers are gonna be pointed at you.
You rather have us on your side or not? Who made the complaint? You told Children's Services, why not tell us? No, the señor and señora have their (SPEAKING SPANISH) Lawyer.
Sí, their lawyer said to me that I am not to make any trouble for them again, or they will send la migra and take away my green card and deport me.
Well, you have your green card, right? They can't do anything to you.
(SPEAKING SPANISH) She says she can't help us.
"The devil is in that house.
" So you go back to the judge and tell her what? The devil made them do it? She'll say you need an exorcist, not a warrant.
Well, we thought, coming from you Wait for the autopsy.
You gun-shy all of a sudden? LT, there's something's wrong in that family.
(SIGHS) Who's the riding A.
D.
A.
? Abbie Carmichael.
Oh, so she finally got out of Special Narcotics.
I know her.
She can help.
You didn't sue her, too, did you? (LAUGHS) JUDGE: There's still no cause of death.
Nothing's different.
And siccing the D.
A.
's office on me doesn't help your cause.
CARMICHAEL: Your Honor, I have booked time in the Grand Jury.
I am looking to charge the Warings with obstruction.
Give it up, Carmichael.
Refusing police entry into one's home is not obstruction.
Threatening a witness is.
The detectives tried to talk to a Mrs.
Angela Cruz, who used to work for the Warings.
Mrs.
Cruz was afraid to talk to them because the Warings threatened her with deportation if she opened her mouth.
Is Mrs.
Cruz here illegally? She has a green card.
I want the detectives to search the Warings' apartment to find proof they knew their threat was extortionate and thereby obstructed justice.
And what evidence do you expect to find in their apartment? If they hired and paid her legally, I expect to find a copy of Mrs.
Cruz's green card, I expect to find her Social Security number.
All right, Ms.
Carmichael.
You didn't tell us you booked time with the Grand Jury.
What Grand Jury? (CHUCKLES) Where's the baby's room? There.
Where's your son, Nicholas? He's in his room.
Where's his room? Can you wait until my husband gets back? What are they doing? They're taking this stuff down to the lab.
Now, where was she when you found her? I think I'd better wait for my husband.
Fine, you can wait with the officer right here.
Lennie.
Bring her with you.
This your son's room? PHILLIP: Elizabeth? Elizabeth? They have a warrant.
Hey, you must be Nicholas.
My name's Rey.
Hey, can I take a look at your arm? BRISCOE: How did you get those, Nicholas? I fell.
I'm going to call our lawyer.
I'll get Children's Services.
And you can call your lawyer from our station house.
The boy himself told you he fell.
Yeah, with his parents standing there, glaring at him.
Where's my son? Children's Services.
They don't know him.
They don't care about him.
They're not the ones keeping him in a dungeon.
You don't understand.
No, I don't.
Explain it to us.
I really want to hear this.
CSU found this tape in their apartment.
I hate you! I hate you! Nicholas! Nicholas! You're safe now.
You're safe now.
Get out! Nobody's gonna hurt you here.
I'm gonna kill you! (SHUSHING) I hate your guts.
I hate your guts! Nicholas, you're safe now.
(SHOUTING) There's your devil.
(SPEAKING SPANISH) At least his head didn't spin around.
(SCREAMING) Nicholas Hold on, sweetie! I'm right here.
We love you, Nicholas.
I hate you! I hate you! Nicholas! Nicholas! You're safe now.
Get out! So? I see what you see.
He's disturbed and violent, manages anger badly and has poor impulse control.
That explains why they stonewalled us so hard.
They knew he killed the baby.
This behavior is almost certainly a reaction to severe abuse.
You know anything about his background before he was adopted? He's adopted, too? Yeah.
Of course he is.
Why else would his mother assure him he's safe now, no one can hurt him here.
Could he have attacked the baby? Sure.
Did he? Couldn't even hazard a guess from the tape.
If I could talk to him He's a suspect.
You can't speak to him without his parents' permission, and they say no.
Well, call me if they change their mind.
Pull the state files, find out what agency placed the boy with the Warings.
See if he has a history.
Of what? Punching babies? Or torturing cats, setting fires.
Whatever.
It's our policy not to discuss matters related to pending litigation.
BRISCOE: There's a lawsuit over the boy? Yes.
Who's suing? The Warings? Yes.
Because he's violent? I really can't talk about it.
BRISCOE: So, he's attacked people before? I didn't say that.
Come on.
Let's face it, the kid's a lunatic, right? He's a perfectly charming little boy.
I interviewed him at I really can't talk about this.
I'm sorry.
According to the court records, the agency neglected to mention the boy had attachment disorder.
If he has it, the kid's a sociopath.
"Lf"? Attachment disorder's over-diagnosed, like hyperactivity.
Kid can't sit still, he's hyperactive.
Kid hates his mother's guts, bing-bang, it's A.
D.
What's the story on the birth parents? The mother was a drug addict, her brother was a pedophile who raped him repeatedly and rented him out to other pedophiles.
He was beaten when he cried.
He ate out of a garbage can because his mother would forget to feed him.
I need to decide how hard to pursue this and in what direction.
If he has attachment disorder, he's capable of killing a baby.
He has no empathy.
No conscience, no remorse.
What's the best setting for him? You mean, where can he do the least damage? There's no wonder drug, no proven therapy.
You don't know what he's been through.
I do.
And I'm sorry.
Did you see him attack the baby? No, and we have no reason to think that he did.
If you think he's innocent, then why are you covering for him? They're not covering for him.
They're just trying to protect him from unfounded accusations.
According to your lease, you paid a pet deposit for a dachshund.
The police found no dog in your apartment.
What happened to it? I want our psychiatrist to talk to him.
What's the point of this? You can't charge the boy with a crime, he's too young.
I don't need to charge him with a crime.
If I take this to family court, a judge will decide where to institutionalize the boy.
Bluff.
She has nothing to take to family court.
The videotape proves he's dangerous to himself and others.
Work with me to do what is best for Nicholas.
We are doing what's best for him.
You people look at him and you see a little monster.
My husband and I see a wonderful boy who has suffered horrors no child should go through.
You have no idea how much progress he's made.
She doesn't care.
It's like watching Ted Bundy at the beginning of his career.
I don't want this kid let loose in society without treatment.
Yeah, but unless the parents or the kid fess up, that's it, case closed.
I'm gonna ask family court to rescind the Warings' adoption of the boy.
Based on what? You saw the room they kept him in.
Wouldn't you call that abusive and neglectful? What does that give us? The court appoints a guardian, who gives permission for Skoda to talk to the kid.
He's a difficult child, so they lock him in what amounts to a bare cell.
Children's Services investigated, they found no abuse, no neglect.
Do I have to tell you how many fatal mistakes Children's Services has made? They're doing what the boy's psychiatrist recommends.
You've seen the videotape.
When he loses control, they don't lose their temper, they don't strike him They just immobilize and hold him firmly until the fury passes.
He's seven years old.
What will they do when he's 18? We're doing everything that can be done.
He's on medication, he's in therapy, we give him love.
There's absolutely no reason to think he can't get better.
Your Honor, this child is violently disturbed.
He needs to be in a setting where he's supervised by professionals.
Nobody can do any more than we can for Nicholas.
Nobody else has ever loved him.
No matter how much they love him, they are not equipped to deal with him.
He's under suspicion for killing a baby, and I believe he's also killed a dog.
You believe? They had a dog, then they didn't.
I asked Mr.
And Mrs.
Waring about it, they wouldn't respond.
That was eight months ago.
He's made a lot of progress since then.
Not if he's graduated to killing babies.
There's no evidence he did.
Somebody did it.
If it wasn't you or your wife I agree with Ms.
Carmichael.
It's in the boy's best interest to have round the clock, professional attention.
SKODA: Were your parents still asleep? Yes.
And you went into the baby's room? Yes.
What did you do? I said hello to her.
She wouldn't look at me.
She was like that sometimes.
What did you do? I poked her, like this.
Can you show me? Did you take her out of the crib? Mmm-hmm.
Did you drop her? Uh-uh.
I put her on the floor and I hit her like this.
With your fist? Mmm-hmm.
How many times? How hard did you hit her? Not too hard.
She just wouldn't look at me.
Did you cut her face? I scratched her, like this.
I wanted to make her cry.
Because she wouldn't look at you? She didn't cry.
She hardly ever did cry.
(SIGHS) Then what? I went back to my room and I played with my dump truck.
Did you mean to hurt her? Listen, it wasn't my fault.
She just wouldn't look at me! (EXHALES) You saw him.
He can't connect the dots.
He doesn't grasp that other people exist apart from his needs.
Sounds like half the people I know.
(EXHALES) Like I said, no empathy, no conscience, no remorse.
Arrest him.
How about the people who made him what he is? Turn him into a psychopath, then lock him up? Better now than after he shoots up a schoolyard.
CURTIS: We have to arrest him.
No.
You want to put him someplace with bars on the windows, guards at the doors, What the hell is wrong with you people? Please, just let him come home.
I'm sorry, Mrs.
Waring, that's up to the court to decide.
(SHOUTING) Nicholas, you have to come with us.
Come on.
PHILLIP: Please! He'll be all right.
(CONTINUES SHOUTING) Arresting a seven-year-old kid for murder? A kid with a laundry list of psychological problems? What was Carmichael thinking? Why don't you ask her? I will.
And I don't like the way she got the parents removed as guardians.
Sounds like you're sorry you didn't think of it first.
Her tactics are highhanded, and she doesn't have enough experience for major felonies.
Four years in Special Narcotics is nothing.
A 95% conviction rate isn't nothing.
She's earned her stripes.
Work with her.
I understand you're opening a children's wing on death row.
Jack McCoy? Abbie Carmichael.
Thrilled to be working with you.
As for Nicholas Waring, I gave his parents a chance to do it the easy way.
So you do an end run around his civil rights? He's gone from dogs to babies.
What's next? Should I have waited for him to go after his parents with a hammer? You think he's better off in children's lockup in Bellevue? I weighed his rights against society's.
My decision was ethical and legal.
It's nothing for the disciplinary committee to sweat over.
(SCOFFS) If you have something to say, say it.
Sorry.
I know they exonerated you.
It's just that I don't like being second-guessed, either.
I wouldn't be second-guessing you if you'd checked with me first.
This is a team operation, Ms.
Carmichael.
We discuss these things.
I'll keep that in mind.
The Warings filed their appeal on guardianship.
I started briefing our response, if you want to take a look.
I'm sure it's brilliant and on point.
Unfortunately, it's all moot.
The boy didn't kill the baby.
They told me the autopsy would be ready at the end of the week.
You should get to know the cutters in the M.
E.
's office.
The cause of death was heart failure.
The cut and bruises were inflicted postmortem.
This says the baby was two and a half years old.
The Warings' daughter was 13 months.
They autopsied the wrong kid.
Why don't you go down to the M.
E.
's office and introduce yourself.
(DOOR SLAMS) It's the right baby, and she was two and a half.
Bone age doesn't lie.
But I saw her photos.
Well, she looked younger because she was underdeveloped.
Long-term neglect.
This cause of death doesn't mean anything.
A bullet can cause heart failure.
Oh, this kid had massive medical problems.
I'm sorting through them all to pinpoint the exact cause of the heart failure.
In the meantime, we have a seven-year-old suspected of murder.
So you do.
All I can tell you now is that little girl was dead by the time her brother laid a hand on her.
It's a relief to know Nicholas didn't kill her.
Thank you for telling us.
Can he come home now? We still have a few questions.
What kind of questions? You told the police you'd had the baby for only a short time.
LINDE: Three days.
You have the adoption papers? Of course they have the papers.
Is there a custody issue here over a dead baby? The issue is who had the baby before them.
I don't understand the relevance.
The Medical Examiner said the baby suffered long-term neglect.
That's why she appeared so small.
Small? My sister's baby is the same age.
According to the M.
E.
, your baby was two and a half years old.
Now, where did you get the baby? Gray market adoption? An independent adoption, yes.
We had to.
A reputable agency wouldn't put a baby near Nicholas? The broker said the baby was fine.
We paid him $12,000.
What was his name? You know my files are confidential, Ms.
Carmichael.
What I do is perfectly legal, so don't come in here and start threatening me, you understand? You passed on a baby who'd been so severely neglected she had only days to live.
If you think that's legal, I've got bad news for you.
I didn't know.
Where'd the baby come from? We're not letting go of this, and if I find out you knew anything about the baby's condition Look, I got a call from a lawyer, he represented a woman who wanted to get rid of her baby.
What was the lawyer's name? Smith.
John Smith.
Look, the child's papers are in order.
Here's the birth certificate.
Diane Sullivan.
It's legitimate.
The county recorder's stamp is genuine.
And here's the health certificate, signed by a Dr.
Andre Kostov.
I called Mr.
And Mrs.
Waring, who were thrilled.
The lawyer brought the baby to me, and the Warings picked her up.
Did you speak to the baby's birth parents? James and Patricia Sullivan? Why? I don't understand.
Diane died in a car accident with my mother a year ago.
She was just three months old.
Somebody has used her birth certificate to document and sell another baby.
They must've just gone to the county clerk and pulled the birth certificate.
The police looked into that.
No one has requested her birth certificate in the last 12 months.
I need to know from you if anyone besides you had the certificate.
Only Edward Connery.
The lawyer who represented us in the wrongful death suit against the other driver.
CARMICHAEL: Unless you want to add convicted felon to your resume, I suggest you tell us where you got that baby.
My client couldn't keep it any longer.
I agreed to arrange an adoption.
There's no felony.
You're saying you were unaware the baby was at risk? That's what I'm saying.
I was given a health certificate.
Then why switch birth certificates? My client wanted me to protect their privacy.
We need to talk to your client.
You know I can't divulge privileged information.
Your client's identity is not privileged.
I say it is.
You want to be charged as an accessory? If you want to defend a false arrest lawsuit.
Arrest him.
On what charge? Filing a false business document, for starters.
That should hold up about 10 minutes, Abbie.
The man is a partner at Peterson and Gold.
It doesn't make sense he would dummy up a birth certificate for a client.
It's closer to home.
A relative.
Or himself.
Find out if he has a wife or a girlfriend with a baby that suddenly isn't there anymore.
Thank you.
At this time, we suspect you of abandoning your baby.
Before we go on, we have to advise you of your rights.
I know my rights.
Are you waiving them or asserting them? I want to talk to my husband.
After he makes bail.
Are you willing to talk about the baby? You don't understand.
She wasn't really ours.
We adopted her about a month ago.
VAN BUREN: And what? More responsibility than you wanted, so you just dumped her? CARMICHAEL: Why didn't you return her to the agency? If you only had her for a month, the adoption isn't final.
What's the problem? I want to see my attorney.
Call this attorney, tell her she's got a client under investigation for a homicide.
Homicide? We didn't have anything to do with that.
She was going to die anyway.
First, the baby was born premature.
How do you know? There was evidence of an old intraventricular hemorrhage, common in preemies.
That didn't kill her? (SIGHS) No.
She also had atypical teratoid growths in the spinal region.
Even otherwise healthy children almost never survive that type of cancer.
So she died of cancer? She died of a metabolic problem called fatty acid oxidation disorder.
Her liver failed, her heart failed.
And so you know, with proper treatment, almost nobody dies of this disorder.
JACK: What's proper treatment? Diet.
Treating infections expeditiously.
If she'd been fed right, she would've lived? Until the cancer killed her.
Thank you.
If we need anything more, we'll call you.
(SIGHS) I can probably get an indictment for manslaughter.
Manslaughter? They never gave that baby a chance.
They faked an identity for her, they never told anyone she needed medical attention.
I don't see any intent here to kill this baby.
CARMICHAEL: It's depraved indifference.
Murder two.
They knew the baby was gonna die.
They didn't care one way or the other.
Assumption.
Charge them with man one.
So, we send a message it's sort of okay to kill a baby? This isn't a couple of teenagers who killed their newborn because they were scared.
These are two adults who went to a lot of trouble to dump a dying child and to cover their tracks.
I may be the new kid here, but to me this sounds like murder.
Megan, what are you doing here? She's under arrest for murder, Mr.
Connery.
And so are you.
Let's go.
You want a lawyer, Counselor? It was a spontaneous admission, Your Honor, there's no basis for suppression.
Mrs.
Connery had asked to see her attorney.
Ms.
Carmichael was required to cease the questioning.
And the questioning did cease.
Lieutenant Van Buren made an offhand remark to a police officer.
All Mrs.
Connery had to do was keep her mouth shut.
You're splitting hairs, Mr.
McCoy.
The lieutenant made a provocative and unnecessary remark.
Maybe it was designed to elicit an unguarded response from Mrs.
Connery, maybe not.
No, sir, it wasn't.
ROCKWELL: Now, I've seen enough of these charades to know the likelihood is there.
I'm suppressing her statement they knew the child was in poor health.
Mrs.
Connery's statement is the only evidence the D.
A.
Has that they knew about the baby's medical condition.
There's no longer any basis for the charges against them.
Your Honor, these people callously and deliberately abandoned a sick little girl, who died because of their actions.
And I wish you luck in proving that, Mr.
McCoy, but until you have admissible evidence to that effect, the charges are dismissed.
The Connerys found out somehow about the child's condition.
What about the doctor who signed the health certificate, Kostov? Was he part of the collusion? He's not listed in the state medical association.
The cops are trying to track him down.
The Connerys must've had a pediatrician.
I'll check with their medical insurance company.
I've been her gynecologist for 15 years.
All I can say is that I counseled them to consider adoption.
You thought they'd be good parents? No reason to consider otherwise.
Would it surprise you to know that they kept the baby for three weeks and then got rid of it? The Connerys? No, there must be some mistake.
They were so desperate to adopt they went halfway around the world.
Where's halfway around the world? Russia.
I checked with U.
S.
Immigration and the Russian consulate.
The Connerys have been to Vologda, Russia, twice in the last three months.
The second time they brought back a baby girl, Mariana Petrova.
Still doesn't prove they knew the child was sick.
No, but I've located Dr.
Kostov.
I am a diplomat.
I am attached to the World Health Organization.
Nice try.
I checked.
You're a temporary consultant without immunity.
Why did you sign a health certificate for a baby with serious medical problems? To my knowledge, I have done no such thing.
If you excuse me.
I checked with immigration.
Dr.
Kostov signed numerous health certificates for Russian children adopted by Americans.
Where does he get the children? He has an exclusive deal with three orphanages in Vologda who offer the children for adoption to foreign couples.
How many couples did you find? Eight.
They were given sick children, too? Two of the families have had no problems as yet.
The others do, to varying degrees.
JACK: And he told them the children were healthy? Yes.
One family adopted a little boy with a club foot.
Easily correctable.
Dr.
Kostov said that was the only thing wrong with him.
So far they've spent $80,000 in fixing other problems, and that's on top of the 20 grand they paid Dr.
Kostov for the placement.
He's peddling defective children without regard for their welfare.
Or the welfare of the adoptive parents.
A fine summation.
What's the charge? JACK: Same as the Connerys.
Murder two.
Depraved indifference.
CARMICHAEL: It's a stretch.
He's one step removed from the child's death.
Morally, he's just as culpable.
You need one to convict the other.
See who blinks first.
The only way my clients will plead to anything is you agree to a fine and a walk.
CARMICHAEL: A fine? For filing a false document.
How much for killing a baby? Please.
We didn't mean for her to die.
If Dr.
Kostov hadn't lied to us, none of this would've happened.
The offer is man one, minimum sentence and you testify against Dr.
Kostov.
JACK: You gave Mariana Petrova a clean bill of health.
She died of a diagnosable and treatable disease.
I told the Connerys to make sure she ate regularly and got plenty of Vitamin A.
Did you tell them about the spinal tumors? I knew nothing of spinal tumors.
You can try and sell that.
I'm asking the Grand Jury for a murder two indictment.
You can't be serious.
My client is a distinguished representative Your client is a ghoul who traffics in dying children.
Whatever actions Dr.
Kostov took occurred on Russian soil.
You have no jurisdiction.
The baby died here.
It's a result offense.
CPL-2010, Sub Three.
I have all the jurisdiction I need.
What are you angling for, Mr.
McCoy? CARMICHAEL: Whatever your client can tell us about his dealings with the Connerys.
Man one, minimum sentence.
Three-to-six.
No, no, no, no, no, no.
I am not responsible for any of this.
If that's your position, you can take your chances with a jury.
(DOOR OPENS) (DOOR CLOSES) So, who do you want to put on trial? All of them.
ATKINS: I was the physician in charge the night the Connery's brought their child into the E.
R.
What was wrong with her? They said she wouldn't eat.
She was vomiting.
We stabilized her, and I suggested to the parents that she be admitted for tests.
Why? She was lethargic, undersized, had poor muscle tone.
What was the result of the tests? The carnitine level led us to suspect fatty acid oxidation disorder.
Tests also uncovered several cancerous spinal tumors.
Were the cancers treatable? Well, surgery wasn't an option.
I told them they could try chemotherapy, but that any course of treatment would be very expensive and the outcome was unlikely to be positive.
This is a cancer that kills.
Always? Virtually.
How long could the child have lived? A year, maybe two.
Doctor, what is fatty acid oxidation disorder? Well, as the name implies, the system is unable to oxidize fatty acids, so the deposits build up in the liver.
Fatal? If it goes untreated, yes.
Possibly in a matter of days.
Is there a scientifically recognized treatment? Well, the factors that stimulate the disorder, infection and improper diet, control these and the patient can live a normal life span.
Did you give all this information to Mr.
And Mrs.
Connery? Yes.
No more questions.
If that was a little rough, Mrs.
Waring, we can call you after the trial, give you the verdict.
Now you worry about being rough on us? You don't have to put yourselves through this.
It's so I still can't believe anybody would do what they did.
All they had to do was tell us.
We would have taken her anyway.
I had no reason to suppose the child would not respond to affection and a proper diet.
Did you know she had a specific metabolic disorder? No, I did not.
Did you know she had cancer? No, I did not.
So when the Connerys told you, it came as a surprise to you? Yes.
They wanted me to take the child back.
A child is not a defective washing machine.
I told them they cannot return it to the manufacturer.
Thank you.
So, it's your testimony you didn't know that Mariana was gravely ill? Yes.
People's 17, Your Honor.
A translation of a report prepared by the director of the orphanage Mariana Connery came from.
Could you read the highlighted section, Doctor? "Every effort should be made to find American and European families "for orphans with medical problems "that cannot be successfully treated in this country.
"We can place most of the healthy children with Russian families.
" So, your mission is to palm off sick children on unsuspecting Americans, Dr.
Kostov? You people have the resources to help them.
We don't.
Oh, I see, your motives are altruistic, is that right? Yes.
And to accomplish this laudable goal, you sign false health certificates, is that right? If I must.
And in exchange for this, you put $20,000 per child into your altruistic pocket, is that right? $20,000 can save a lot of children in Russia.
There is an epidemic of child abandonment.
Every year the spring thaw uncovers hundreds of dead babies who were pushed down into the snow and left there to die.
I am saving as many as I can.
People's 18.
A translation of a financial statement from the same orphanage.
You'll note the highlighted section, Doctor.
Does it indicate that the orphanage receives $2,000 for each foreign placement? Where does the other $18,000 go? Your Jaguar? Your expensive home in Odessa? Objection.
The $1,500 Italian suit you're wearing? Enough, Mr.
McCoy.
You've made your point.
Why accuse me? Why don't you accuse them? To them, children are like fashion accessories.
Something to fill out their empty lives.
Objection.
They wanted a perfect child.
Even God cannot guarantee that.
That will do, Dr.
Kostov.
The jury will disregard.
Mr.
McCoy? I have nothing further.
MEGAN: When Edward and I found out we couldn't conceive a child, we were devastated.
Like everybody, we wanted a family.
We saw infertility experts, underwent dozens of procedures, but nothing worked.
After a while, we decided to adopt.
MARSDALE: How did you meet Dr.
Kostov? Through an agency that specializes in Eastern European adoptions.
What were you told about her background? Dr.
Kostov told us that Mariana had been in the orphanage for only a few weeks.
That her mother had given her up because she wanted her to have a better life.
Did he tell you she was sick? He told us that she was healthy, but she would get sick if she stayed in the orphanage.
The conditions were deplorable.
It was just a warehouse for children.
Dr.
Kostov pleaded with us to save her, to take her to the United States and give her a good home.
Later, you found out how sick she was.
What was your reaction? We were upset.
We felt so bad for her.
What did you do? Edward and I talked about it for days.
We thought at first that we'd be able to deal with it.
But we couldn't.
We tried to return her to Dr.
Kostov.
He wouldn't take her back.
He said that she was our responsibility now.
Then what did you do? We tried to find someone who would take her.
Adoption agencies, baby brokers.
One broker told us that she had a snowball's chance in hell of being placed anywhere else.
So we called another broker, and we lied.
He said he knew a couple who would take her.
Did you think you were doing the right thing? We honestly thought that she'd be better off.
When I was six, my older brother got cancer.
He died three years later.
My parents were drained, financially and emotionally.
The ordeal destroyed their marriage.
I'm not Mother Teresa.
I just don't have the emotional resources to go through that.
Thank you, Mrs.
Connery.
Mrs.
Connery, was Mariana covered under your medical insurance? No.
We couldn't get coverage because of her preexisting medical conditions.
So, the cost of treating her would've been borne entirely by you? Yes.
You knew she required a specific diet to keep her alive, is that right? Yes.
You knew from experience how difficult it was to feed her? Yes.
But when you abandoned Mariana to the broker, you decided to keep that tidbit of information to yourself, correct? I Yes.
Did it occur to you to call the broker and tell him after she was in her new home? I assumed that whoever got the baby would take her to the doctor, and they would find out what was wrong with her.
Doesn't it bother you that your assumption cost Mariana her life? Objection! CARMICHAEL: Your Honor, they raised the defendant's state of mind on direct.
I'm entitled to cross on it.
Overruled.
Answer the question, Mrs.
Connery.
We were trying to do what was best for her.
Then why falsify documents? Why hide where she came from? I In fact, as long as you could make her somebody else's problem, you just didn't give a damn, did you? It's easy for you to sit in judgment, but what would you have done? Please, tell me.
What should we have done? Did you call Children's Services? Did you talk to your own doctor? Did you talk to other families who were in similar situations? Did you, Mrs.
Connery? No.
I have nothing further, Your Honor.
Why should I make a deal with you now? No room for mercy, Mr.
McCoy? What can you offer? EDWARD: Our remorse.
We feel terrible about what we did.
Did you feel terrible before you were caught? You accept your responsibility for Mariana's death? Dr.
Kos Yes, we do.
Is the man one offer still on the table? We'll get back to you.
They'll be pariahs for the rest of their lives.
They lose a few friends.
That's your idea ofjustice? Three-to-six years in a state prison is not a cakewalk.
How many drug dealers got a free pass from you? The ones who could give me someone bigger in return.
All the Connerys have to offer is their plea-bargained remorse.
She's still trying to blame it off on Kostov.
Did you see her husband cut her off? She's the least culpable of the three.
Oh, gentlemen, please.
That sorry excuse for a woman has a hole in her soul.
That's enough.
I can take care of myself, Adam.
Then remain objective.
It was Edward Connery's actions that directly caused a little girl's death.
And he's an attorney.
He knew what he was doing.
The Connerys will never do this again.
Kostov has and will, over and over again.
Kostov's children better off in their new homes? CARMICHAEL: All but Mariana.
I have a solution that will make us all happy.
What's that? No deals for anybody.
Let's hang them all.
(LAUGHS) ROCKWELL: As to the defendant, Andre Kostov, on the first count of the indictment.
Murder in the Second Degree, how do you find? Not guilty.
As to the second count, Manslaughter in the First Degree, how do you find? FOREMAN: Guilty.
As to the defendant, Edward Connery, on the first count of the indictment, Murder in the Second Degree, how do you find? Not guilty.
On the Second Count, Manslaughter in the First Degree, how do you find? Guilty.
As to the defendant, Megan Connery, on the first count of the indictment, Murder in the Second Degree, how do you find? Not guilty.
On the second count, Manslaughter in the First Degree, how do you find? Guilty, Your Honor.
Man one all around.
I'll start working on the pre-sentence reports.
Any suggestions? You mean, who should spend more time in prison? Kostov or the Connerys? Don't get me started.
We can always skip the report and take no position.
Leave it to the judge.
Let's do that, for the sake of world peace.
The Warings filed a petition to get their son back.
We have till the end of the week to file our objections.
Can you and I agree we're too busy? Deal.