Law & Order (1990) s12e20 Episode Script
Dazzled
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.
No way you're growing pot in your garden.
Only way I can afford it.
You know, Scott, this is Manhattan.
You want to see my buds? Okay.
Come on.
The plants are out here on the patio.
(LAUGHS) You're nuts.
Now, be really quiet.
We don't wanna wake the neighbors.
(GAS PS) What's wrong? Oh, my God.
What do we do? My phone's on the table.
Hurry! A lot of blood.
Must have been alive when she hit.
The heart kept pumping.
A couple of minutes, at least.
We got an ID? Kate Hollis, 26.
Rented a place on the top floor.
BRISCOE: There's no open windows directly above.
I'm thinking the roof.
A jumper? I doubt it was an accident.
Why do you say that? The body would be closer to the building.
She came off the roof with some velocity.
Splashed down a good eight feet from the wall.
So the question is, did she get a running start or was she pushed? Hard to say for sure until we get her on the table.
Looks like there's something under her fingernails.
Skin maybe.
Well, she fought back.
Roof's sealed off, whenever you're ready.
All right, thanks.
We were out clubbing, we came back around 4:30.
She was just lying there.
Do you know her? Not really.
She moved out around the time I moved in.
What do you mean, "moved out"? She didn't live here anymore.
She kept the apartment.
Rent-controlled? Looks like you got a green thumb, huh? Hey, I called 9-1-1 right away.
I did the right thing.
Well, do the right thing now, get rid of these.
I'll get a garbage bag.
Big patio.
Rent control.
Nice buds.
Pretty good life.
No wonder the neighbors keep dropping in.
(POLICE SIRENS WAILING) It's pretty difficult to go over this railing without a struggle.
Yeah, unless you're juiced.
See, that's the trouble with you AA types.
You see an alcoholic behind every bush.
Which is where they are.
Hey, wanna get this dusted for prints? Detectives, Mr.
Ostertag.
He's the Super.
I was over in Jersey visiting my daughter.
I came as soon as I heard.
How well do you know Ms.
Hollis? Well enough.
She's been here going on seven years.
But her name's Snyder now.
BRISCOE: It says Hollis on the mailbox.
Yeah, well, she turned her apartment into some kind of art studio.
Gave me 500 at Christmas to keep my mouth shut.
Her husband footed the bill, I think.
Where she live now? Soho someplace.
It's supposed to be pretty ritzy.
He's an older guy, you know, must have some dough.
She ever have any problems, like with other tenants, maybe? I really didn't see her around here much after she got married.
What about before that? Oh, it's another story entirely.
BRISCOE: How's that? Well, she was a real good-time girl when she first moved in here.
I got lots of complaints about loud music, parties on the roof and such.
We may need to get into her apartment.
Just give me five minutes.
The keys are downstairs.
Well, I can see why she found herself a rich husband.
Don't give up your day job.
Cash is still here, all the credit cards Oh, and here's her wedding picture, this guy looks twice her age.
Aw, some guys have all the luck.
Well, looks like she knocked back a couple for artistic inspiration.
I don't see any other glasses, do you? No.
Just that one on the roof.
Look.
Davis Liquors on Third Avenue.
Dated last night.
Think she made a habit of drinking alone? Her husband should know.
Or not.
BRISCOE: When was the last time you saw your wife, Mr.
Snyder? DON: She never came home last night.
I called everyone I could think of.
And I finally called the cops.
And they said that I had to wait 24 hours.
I don't know what I'm gonna do now.
I We're turning the guest room into a A nursery.
Your wife was pregnant? We just found out.
ED: How long were you two married? Six months next Tuesday.
Do your children live with you, Mr.
Snyder, or with their mother? Uh, my ex-wife and I have joint custody.
We alternate weeks.
Can you think of anybody who might want to hurt Kate? God, no.
She was a wonderful person.
Everybody loved her.
I thought this was an accident.
We're just trying to put all the pieces together.
Do you have any idea why she would go to her old apartment last night? DON: She went over there several times a week to paint.
And what time did she leave? Well, I don't know.
I had a business meeting until 9:00.
I didn't get home until 9:30.
The kids were here.
Kate took off around 6:00.
BRISCOE: She left you two alone? I'm 16.
We ordered Chinese, then she went out.
Did anybody else know that she was going to her studio? DON: I don't know.
BRISCOE: Did anybody else have keys to her apartment? I couldn't say.
ED: What kind of mood was she in? Just like normal.
Yeah.
Would you kids go to your rooms? Okay? Okay.
Mr.
Snyder, how'd your wife feel about being pregnant? Was she depressed? (SNIFFLING) She was thrilled.
She was thrilled.
There's no way that she would have done what you're suggesting, if that's what you're suggesting.
No.
No, she wouldn't.
Skull fracture, massive internal bleeding.
Take your pick.
Either one would have done the job.
ED: Any idea when? Between 8:00 and 10:00 p.
m.
Initial tox screen came back with a blood alcohol level of 0.
06.
That's about two drinks.
Her husband said she was pregnant.
Yeah, six weeks.
Some people just don't listen to the Surgeon General.
We also found some traces of benzodiazepine in her system.
Probably Valium.
I told you, once a party girl Would that combo make her woozy? Well, given her body weight, definitely.
But, she wasn't just leaning over to admire the view.
More likely somebody helped her lean.
The stuff under her fingernails? It was skin.
I also found bruising on her arm.
See these four marks? Fingers.
Oh, so somebody grabbed her.
Tight.
So we're thinking someone pushed her? Well, I doubt they were trying to pull her back.
Plus the skin under her fingernails probably means there was a struggle.
No one saw anything? Heard anything? We canvassed the building.
Nothing.
What about the husband? He says he was at work.
Any scratches on him? BRISCOE: None that we could see.
It couldn't have been easy to get a grown woman over that railing.
Unless the booze and the drugs made her a pushover.
And 8:00 to 10:00's the best we got on time of death? There was a receipt in the studio that had her buying wine at a local liquor store at 9:05.
And it's about a five-minute walk from there to her apartment.
So, we've got her alive until about 9:15 or so.
What's next? Make sure hubby was where he says he was.
I left a little after 7:00.
Mr.
Snyder was still here.
Then he had a business meeting, right? With Bob Levinson.
At his office.
We're gonna need Mr.
Levinson's address.
Did Mr.
Snyder work late a lot? I mean, were these typical business hours for him? Honestly? In the past, yes.
These days, no, not really.
ED: Why? What changed? He changed.
He wanted to spend more time with his new wife.
You knew Mrs.
Snyder? I knew both Mrs.
Snyders.
I take it you liked the first one better? It's not for me to say.
But still Kate was as assistant here.
Call me old fashioned, I just don't approve of sleeping with the boss.
But I shouldn't speak ill of the dead, should I? Well, they say it takes two to tango.
(LAUGHS) He was Once Kate set her sights on him, he didn't stand a chance.
So, what, you don't think it was love? Oh, it was love all right.
Love of cruises, dinners, shows, trips.
There was a lot of love.
But you shouldn't speak ill of the dead.
It's just while Mr.
Snyder's reliving his youth, the business was going to pot.
And they say women go through menopause? So, how were Don and his new wife doing lately? I would hear them on the phone.
She wanted him to spend money, he didn't.
Like those renovations? (SCOFFS) Way over the top.
May she rest in peace.
Don and I have been doing business for years.
We're old friends.
So he was here last night? Yes, he's helping me find additional financing for a telecommunications venture.
What time did the meeting break up? You're sure? Well, I left about ten to 9:00 and Don left about 15, 20 minutes before that.
Why? How was he acting last night? In what way? Oh, was he upset, distracted? Not particularly, why? We're just trying to ascertain Mr.
Snyder's whereabouts after your meeting.
Hey, if you know something you better tell us.
Otherwise you might be facing an obstruction of justice charge.
Why did he leave before you? Where was he going? Look, Don and I did have a bit of a fight last night.
BRISCOE: About what? Don hasn't been paying as much attention to details as he has in the past.
Because of the new wife? I told him, "You play a little, fine.
You get it out of your system.
"But you don't marry them.
" BRISCOE: And what did he say? He didn't wanna hear about it.
But someone ought to clue him in.
I mean, her ex-boyfriend is doing the renovations You do the math.
Wait a minute.
The contractor's his wife's ex-boyfriend? Yeah.
Only Don just found out.
How did he react? Does the word "whipped" mean anything to you? I don't know what you're talking about.
We're talking about you lying about what time you left your meeting.
It was 8:30, not 9:00.
Maybe I got the time wrong.
ED: Yeah, well, you lied about when you came home, too.
The doorman says it wasn't until almost 10:30.
You get a lot of things wrong, don't you, Mr.
Snyder? All right, look, my kids are in the next room.
Well, then maybe we better finish this conversation down at the precinct.
Or we can finish it right here and now.
I just can't promise I'll keep my voice down.
Hey, I'm going down to the police station for awhile.
What's going on, Dad? I'm just helping them out with some things, that's all.
Dad? JENNY: You're not coming home tonight? Call your mother.
You might have to stay over there tonight.
And look after Jimmy, okay? Your friend Bob says that you were on your way to talk to Kate.
I didn't hurt my wife.
Must have been a shock to find out this guy used to be her boyfriend.
Did that make you feel like you were just a meal ticket? Kate and I were doing fine.
If Bob told you anything else, he misinterpreted what I said.
ED: Mr.
Snyder, how long do you think it's gonna be, before we find a witness that saw you at your wife's studio last night? We can understand how this might have happened.
It was an accident, right? She had a couple glasses of wine, she tripped, she fell ED: The important thing right now is for you to spin this the right way before it gets out of hand.
All right.
So you were there last night? DON: About 9:00.
What happened? Nothing happened, she wasn't there.
You know, we're gonna go round and round on this thing I'm telling you, she wasn't there.
I never saw her.
And I left.
I went to a bar, had a couple belts, and I got home about 10:30.
But I went there to talk to her about Gary Without my kids around.
Did you think she was having an affair? I don't know what I thought.
My daughter told me last week she thought there's something weird going on between the two of them, and so I asked Kate about it.
What did she say? She said that Gary was her ex-boyfriend.
ED: Her ex in your house Taking your money, spending all day alone with your wife.
She said they're just friends now and she gave him the job because he needed the money.
And that was that.
And I wanted to believe her.
But you didn't.
I thought she might be meeting him at her place.
So, I went there and I let myself in.
Only like I said She wasn't there.
So why didn't you tell us all this before? I couldn't tell anyone what I thought about Kate and Gary.
All my friends thought I was a fool to marry Kate.
Fifty-two years old, marry a girl half my age.
My ex-wife hates me.
My kids are very angry with me.
You know what it would be like to walk into my office and have everyone know she'd played me for a fool? You thought the baby was his? You're gonna have to believe me.
I would never hurt Kate.
No matter what.
There's nothing to tell.
I wasn't sleeping with Kate.
All that was ancient history.
You know, some people seem to think otherwise.
Who? Her husband? The guy was paranoid.
Found out Kate and me used to be an item.
Started to think maybe we still were, which we weren't.
Do you know if he ever threatened Kate? What do you mean? Was she afraid he might hurt her? I don't know.
Just for the record, when's the last time you spoke to Kate? Morning of the day she died.
And where were you that night? Home.
Guys, I'm telling you, there was nothing going on between me and Kate.
I got plenty of other fish to fry.
The truth is, deep down, I think the guy knew all along that Kate was only after his money.
Was she? He was twice her age.
What do you think? I gotta get back to work.
All right.
Thanks.
You think maybe it was possible Snyder was making something out of nothing? Well, the guy dumps his wife, turns his whole life upside down for this young chick.
And then he starts to think she's cheating on him.
Yeah, it's enough to give anybody's midlife crisis a crisis.
You know, if Snyder had a mean streak, maybe we should talk to his ex-wife.
Well, if anybody was gonna bring out the mean in him, it'd be his ex.
CLAIRE: What did Don say? He denies everything.
He's good at that.
You think he'd be capable of doing something like this? I have no idea.
Two years ago, I would had said "No" and not thought twice about it.
But he is like a different person.
I don't even know him anymore.
How do you and your ex-husband get along? We have two children together.
We share custody, and we try to be civil.
BRISCOE: Sounds like it's a strain.
Well, it's difficult to be civil to someone that you don't respect.
Kate was 25 when Don met her.
For her, love was enough to break up someone else's marriage.
But Don is 52 and He knows damn well it's more complicated than that.
We hear that he and Kate were having some marital difficulties.
(SCOFFS) Oh, big surprise.
He ever confide in you about what him and Kate were going through? No, that would mean admitting he'd made a mistake.
And he would never give me that satisfaction.
So you didn't know anything about it? My daughter mentioned something about the contractor.
ED: What did she say? That he was hanging around a lot, and that she thought that he and Kate were We'd like to talk to your kids, if you don't mind.
I don't know.
Look, if your ex-husband did this, I think it's important that we find out as quick as possible, don't you? (SIGHS) My Dad didn't kill Kate.
Nobody's saying he did.
But you keep asking all these questions.
We're just trying to figure out what happened that night.
Were you awake when your dad came home? Yeah.
What time was that? I don't know.
After 10:00? BRISCOE: How did he seem? Fine.
The man who was renovating your dad's apartment, what can you tell us about him? He used to drink sometimes while he was working.
I saw him punch the wall once.
Did he ever drink with your stepmother? She wasn't our stepmother.
Okay, what did you call her? Kate.
BRISCOE: So, did Gary and Kate ever drink together? She was there.
What about other stuff? You know, between them? What do you mean? Well, you know that Gary used to be Kate's boyfriend? It's kind of obvious.
I mean, they were always, like, whispering and laughing, acting like kids.
Then last week I saw them kissing.
Jimmy saw it, too.
Did you tell your dad? A little bit.
Not everything.
He never really wants to know what's going on.
ED: But you told your mom.
Anybody else? I told Kate.
I told her I saw what she did and I was gonna tell my dad.
And what did she say? She said nothing happened.
That it was all Gary's fault.
She was gonna fire him right away.
ED: When did she tell you this? The same day she died.
Yeah, we finally got the LUDs from Kate's apartment.
She called Gary Phillips at 7:52 the night she died and they talked for nearly 20 minutes.
And he told us he hadn't spoken to her since that morning.
And, he has a sheet.
Assault charge? I thought we liked the husband.
No.
DNA reports came back.
Not his skin under her fingernails.
We also found a bartender that thinks he remembers him knocking back a few drinks around the time Kate died.
Well, step-mom's out doing her thing, Dad's out drinking, the kids are left at home.
Welcome to the new American family.
So she calls the contractor to fire him? He goes over there, tries to talk her out of it.
She says, "No can do.
" Only, he doesn't take a pink slip for an answer.
Go talk to this guy again.
ED: Hey! Gary! Oh, YOU guys again? BRISCOE: Wanna come over here and talk to us for a minute? Right now? We're running behind here.
Hey, if you don't answer a few questions, the only thing you're gonna be behind is bars.
You had a long conversation on the phone with Katherine Snyder about an hour before she went off the roof.
I must have forgot.
You forgot? Did you forget she fired you, too? Where'd you get that? The day she died, Kate told her stepdaughter that she was giving you walking papers.
Come on, Gary, you went over to her studio, you tried to talk her out of it.
Things got a little heated.
Push comes to shove She fired me.
So what? I've been fired from jobs before.
So you weren't on the roof when she went over? I told you I was home alone.
Home A!one's a movie, not an alibi.
Maybe it was an accident.
She was a little high, kind of tipsy.
Yeah, maybe you even tried to save her, grabbed her by the arm.
Never happened.
Your prints were in her apartment.
We lived together for a year and a half.
Okay, what about the marks on her arm? Wasn't me.
BRISCOE: What about the skin under her fingernails? You wanna roll up your sleeves, Gary, so we can see your arms? We're gonna get your DNA, Gary, and the DNA's gonna put you on that roof.
Now maybe you ought to tell us your side of the story before we get the lab results.
He's right, 'cause once there's a match, I don't know if we can help you with the D.
A.
(SIGHS) Look, whatever happened, happened on the job, okay? That day, we were just kidding around, you know, like old times.
Anyway, one thing leads to another and I end up kissing her.
And she didn't like that.
She told me to stop.
ED: Did you? Not at first.
Look, it got kind of physical, so she scratched me.
Yeah, but that's the only reason why there'd be a match.
I didn't kill her, I swear.
Yeah, I'd swear, too, if my DNA was under a dead woman's fingernails.
According to the M.
E.
she'd been drinking.
Wine.
Tox screen also came back positive for benzos, probably Valium.
Did she have a prescription? Well, we haven't found one, but by all accounts she used to be something of a party girl.
So Phillips can claim it was an accident.
Well, CSU tended to rule that out based on the trajectory of the body.
Yeah, but won't stop a defense attorney from advancing an accident as an alternative scenario of the crime.
But, if Phillips gave her the drugs, accident or not, we could nail him on a contributory theory.
I'll call Rodgers.
Have her get a more detailed tox screen.
The benzo we found in her system turned out to be midazolam, not Valium.
Midazolam? The doctors call it Dazzle.
It's pretty similar to Valium, but comes in a liquid form.
What is it for? Hospitals use it to lessen anxiety in pre-ops, combative patients.
It's fairly tasteless, so it's mixed pretty easily with a patient's drink.
A medical Mickey? Yeah.
We're having her wineglass tested, too.
What happens when you mix midazolam with wine? Like they say, "Don't operate any heavy machinery.
" I understand Phillips going over there to change her mind about firing him, but why would he spike her drink? Maybe he thought he'd get lucky? Date rape? They used to be lovers.
Did the police find anything when they searched Phillip's apartment? No, and Rodgers says that midazolam's not a street drug.
That the only way to get it is by prescription.
Only Phillips in not under the care of a physician.
Which means Kate Snyder may have taken the drug herself.
Her husband seems to think that those days were a thing of the past.
Husbands don't know everything.
Sometimes girlfriends do.
Kate hadn't partied for a long time.
I mean, she was clean.
Well, the night she died she'd been drinking wine.
They also found drugs in her system.
(LAUGHS) I'm sorry, but I just can't believe that.
I mean, she'd have a glass of wine when she painted, but drugs? No way.
She was pregnant.
How did she feel about being pregnant? She was really excited about it.
Not depressed? No.
She was really anxious to start a family.
How did Gary Phillips feel about that? Oh, Gary, he was so over.
And her husband, was he anxious to start a new family? Look, don't get me wrong.
Don was great for Kate.
I know he was older and everything, but he was real good to her.
But there were problems? Don already had a family and believe me, the ex-wife, she didn't make things easier.
In what way? When Kate got pregnant Well, that's when the ex really hit the roof.
Why? Because Kate wanted Don to change his will.
You know, to make sure that her kids would be treated fairly, too.
Mr.
Snyder instructed me to cooperate with you fully.
So, tell me what you want to know? I understand your client recently changed his will.
About a month ago.
Can you tell me how it differs from the previous one? Well, in the old will, he left his estate in trust to his two children, with his ex-wife as trustee.
And the new one? I'm named as trustee, and the trust instrument anticipates that there will be other children.
From his marriage to Kate? That was my assumption.
Do you know if the former Mrs.
Snyder knew about the change? Absolutely.
I sent her a certified letter.
Why? Well, given the animosity during the divorce, I wanted to make sure Dr.
Snyder had ample notice to avoid a challenge later on.
You said Dr.
Snyder? Claire is an anesthesiologist.
JACK: An anesthesiologist? With definite access to Dazzle.
And the expertise to use it effectively.
Why didn't we know about this earlier? We had absolutely no reason to.
She wasn't a suspect.
You know, maybe they were in it together.
Ex-wife allies herself with ex-boyfriend? The enemy of my enemy is my friend.
Have Briscoe and Green take another run at her.
See what she has to say.
Drugs? Yes, in her tox screen.
So little Kate wasn't so perfect after all.
Well, the thing is, we're not sure she knew she was taking them.
What do you mean? We're thinking that somebody may have drugged her without her knowledge.
Don? Right now, we're concentrating on an ex-boyfriend.
The contractor.
How well did you know him? We've never met.
The drug we found is called Dazzle.
Midazolam? Only we're having a problem figuring out how Gary Phillips may have come by it.
And you think I gave it to him? Well, we're aware that there were problems between you and Kate.
Problems you didn't mention to us the first time around.
She slept with my husband, she broke up my marriage, she screwed up my family.
Yes, there were problems.
Just what are you suggesting? Is it possible that this drug could have been somewhere in your ex-husband's apartment? Somewhere where this Phillips might have found it? I don't know what someone would find in my ex-husband's apartment.
I don't live with him anymore, do I? Excuse me, I have patients to see.
(SIGHING) No, I've never seen him before.
What does he have to do with Dr.
Snyder? Well, we don't know yet.
Maybe nothing.
It's just, this looks like a mug shot or something.
BRISCOE: Well, we don't want to start any rumors.
(SCOFFS) A little late on that, I think.
ED: What do you mean? There was talk the hospital was going to yank her privileges.
Why? Dr.
Snyder's a good woman.
But the divorce really took atoll.
She started drinking, missing shifts.
But she was supposed to be getting help now.
I mean, I'd hate to think that she's in trouble again.
Why do you say that? Well, a few times last week, she didn't answer her page.
A resident had to handle the call.
According to the recovery nurse, she didn't answer her page on several occasions last week.
Two of them were on Thursday night during the timeline of the murder.
So what does Dr.
Snyder say about her whereabouts? She told the nurse she fell asleep in the on-call room.
Only Briscoe and Green can't find anyone who saw her.
So do we think she did it with Phillips or alone? According to Rodgers, alcohol and midazolam pack a pretty solid punch.
Wouldn't take much to get Kate Snyder airborne after that.
Get a warrant.
Search Dr.
Snyder's place.
What is it that you're looking for? We'll let you know when we find it.
Bathroom? On the left.
Mom, what's going on? Nothing.
Are they really gonna arrest you? Of course they're not going to arrest her.
Those are mostly antibiotics.
ED: Lennie? Look at this, midazolam.
It's for my own use.
Oh, so you're Rachel Clark? A little Daz'll do ya, huh, Doc? What you have is an entirely circumstantial case.
What we have is a bottle of midazolam and motive.
And no opportunity.
My client was in the hospital the night of the murder.
Asleep in an on-call room with nobody to substantiate her whereabouts.
I didn't kill Kate.
But you may have provided the means to the person who did.
If you're referring to Gary Phillips, my client already told the police she never met him.
Dazzle seems to have become the sedation of choice for your client over the last six weeks.
That's right around the time she found out Kate Snyder was pregnant and her ex-husband was changing his will.
He just couldn't wait.
Claire, please.
People think a 50-ish mother is ridiculous, what about a 52-year-old father? If your client supplied midazolam to Gary Phillips, now would be the time to tell us.
If she cooperates, we'd be willing to offer manslaughter instead of murder.
I'm sorry, she can't tell you what she doesn't know.
So, we can prove he was in the apartment, but not her.
And she had the Dazzle, but not him.
It'd be tough going forward against the two of them without knowing exactly what happened.
Yeah, I don't really want to play Eeny meeny, miny, mo here, Jack.
The best scenario right now is to go after the ex-wife.
Even with the physical evidence against Phillips? If he did it, he did it with her help.
On the other hand, she could have done it by herself.
Why don't we take her to a preliminary hearing.
Show her our hand? Yeah.
I mean, if she thinks we can push her over the side, maybe she'll reach out and grab Phillips when she falls.
Claire blamed Kate for the breakup of our marriage.
Did she ever tell you that? All you have to do is read her deposition during the divorce proceedings.
But, our marriage was over long before I met Kate.
Your divorce was less than amicable? I wanted joint custody.
Claire wanted the kids full time, and with her schedule, that meant a nanny was raising them.
Why did she fight so hard for sole custody? Objection as to why my client may have proceeded as she did.
Hearsay is permissible in a preliminary hearing.
Overruled.
You can answer.
Well, originally, Claire agreed to joint custody.
But when she found out that sharing the kids physically meant a reduction in her child support payments, she opposed it.
Finances were important to your ex-wife? I didn't realize how important.
Meaning? When Kate got pregnant, I wanted to provide for that child in the same way I've always provided for my children.
But Claire, Claire couldn't abide that.
How could you do this? How could you do that to her? Objection! You son of a bitch.
You couldn't bear the fact that I was starting over while you're drinking yourself to death.
JUDGE: That's enough! You brought her into our bed! You had her raising our children! That's enough from the both of you.
So you kill her? Drop dead! JUDGE: I said that's enough! Another outburst, I'll hold both of you in contempt.
Is that understood? Yes, sir.
RODGERS: We found marks on her upper arm, bruising, indicating she'd been grabbed with some force.
What else did you find? The victim had alcohol and midazolam in her system, both of which were also found on her drinking glass.
Midazolam? It's also known as Dazzle.
Is there a black market for this drug? No, as far as I'm aware, no.
Its supply is limited to hospital pharmacies.
What effect would the combination of Dazzle and alcohol have had on Kate Snyder? Well, based on her body weight, she would have been seriously inebriated.
Incapacitated? Possibly.
Thank you.
You don't know for sure when she acquired those bruises, do you? Not to an absolute certainty, no.
They could have been inflicted earlier that day? Possibly.
Isn't it true that Kate Snyder also had skin tissue under her fingernails? Yes.
And did you do DNA testing on that tissue? Yes.
What were the results? The material matched an individual named Gary Phillips.
Not my client? No.
GARNETT: Now, there's been testimony that Kate Snyder had a history of drug abuse.
Is it unusual for individuals with prior substance abuse problems to relapse? No.
Is it unusual for such individuals to mix drugs and alcohol, despite the dangers of doing so? No.
Even if they're pregnant? Unfortunately, no.
Nothing further.
We've heard testimony that your mom had some problems with Kate.
Mom always told us to respect Kate and do what she said when we were at her house.
Still, your mom was upset about the idea of Kate and your father having a baby? Well, she wasn't exactly thrilled about it.
I mean, she knew it meant that they would never get back together.
But she was okay with it, you know? When was the last time that Kate went to your mom's apartment? The day before she died.
She came by to pick us up.
But while she was there, could she have gone in the kitchen, and opened the refrigerator? Sure.
Now, this is the same refrigerator where your mom keeps some of her medicine? Right.
Now what about your mom? She ever go over to Kate's studio? No.
Never went there to pick you guys up? She always picked us up at our dad's.
Thank you, Jenny.
The daughter's going to be effective witness in front of a jury.
The whole purpose of this hearing was to force Claire Snyder to flip on Phillips before trial.
We're no closer to that now than we were when we started.
She testifies tomorrow.
We may lose them both.
Dr.
Snyder's wrapped pretty tight.
Maybe she'll unravel.
GARNETT: Dr.
Snyder, let's clear this up right from the start.
Did you have anything to do with the death of your ex-husband's wife? No, I didn't.
Where were you on that night? At the hospital.
Doing what? I was on call, but I fell asleep.
Is that why you didn't answer your page? Yes, that's right.
I turned my beeper off.
Did anyone see you at the hospital, say between the hours of 8:00 and 11:00? No.
And why is that? Because I had gone into a room that was being refurbished.
Now, why did you do that? Dr.
Snyder? I had taken something to help calm my nerves.
A drug? Midazolam.
And I didn't want the staff to see me until after Until it wore off.
How long have you been taking midazolam? Six weeks.
And why were you taking it? I don't know.
No I do know.
I had been drinking after the divorce and it got pretty bad.
And the hospital had threatened to take away my privileges if I didn't get help.
So, I started to take midazolam to help ease the stress.
What can I say? It was wrong.
So you didn't get any help? I went to a meeting But, no, I didn't get help.
Dr.
Snyder, did you at anytime give midazolam to Kate Snyder? Absolutely not.
Did you ever slip midazolam in her drink when she wasn't looking? No, never.
Thank you.
Did anyone prescribe this medication for you, Doctor? No.
So how did you come by it? You were writing prescriptions for patients who never existed.
Objection.
Goes to credibility.
I agree.
I was in trouble.
So you lied, the same as you're lying now.
I'm telling the truth.
Oh, come on, Doctor.
Didn't you hate Kate Snyder for what she'd done? No, I didn't hate her.
Really? Because that's not the portrait painted by your divorce proceedings.
I was hurt then.
And what about when you learned that your ex-husband was starting a new family? A new family with the woman who had wrecked yours? Weren't you hurt then, too? My ex-husband already had two children who were in pain.
He had no business having another child.
And there was no way you were gonna let that happen, was there? So you used Gary Phillips to make sure it never happened.
No.
I would never put my children through this.
Not after what I've already put them through.
One night, my daughter Found me in the bathtub, unconscious.
And my children, my 11-year-old boy, had to carry me to my bed.
Whatever I may have felt, whatever I may have wanted, I knew then that my children needed me to be a mother again and I would never again risk losing their love.
Never.
So much for Claire Snyder cracking under pressure.
The judge may grant us an indictment here, Nora, but getting a conviction? Yeah, especially with a story like the one she just told.
She'll come off as a mother who'd never do anything to jeopardize her children.
SOUTHERLYN: Well, it's a little late for that.
Imagine finding your mother passed out in the bathtub, high on drugs and booze? And all because your father left her for a 20-something trophy wife? Imagine having to live with your new stepmother, under the same roof.
Having to follow her rules.
Having to watch her with your father every day, while your mother falls apart? Why did you want Jim to wait outside? Because we wanted to talk to the two of you together, with Jenny.
What do you mean talk to us? Talk to us about what? Jenny, is there something you'd like to tell us? What are you trying to pull here? Does she know something about you? Did you do this? Oh, here we go.
You killed Kate and you accuse me.
I did not kill Kate.
You just couldn't stand the idea of Kate being my second chance, could you? I never blamed Kate.
It was you.
Kate was 25, Kate was a child.
It was you who left your family.
I wanted to be happy, for once.
Oh, don't you talk to me about happiness.
After what you did to our children What I did? Oh, will you just grow up for once! You don't get it, do you? I loved Kate.
She was pregnant with my child.
What makes you think it was your child? Please.
As I remember, my side of the bed never had a problem.
Oh, you're such a bastard.
Stop it! Both of you! Will you just stop it! (SOBBING) JACK: You see now? You could never keep them together.
That had nothing to do with Kate.
JIM: What had nothing to do with Kate? But you blamed her, didn't you? For ruining your family.
But they ruined themselves.
What are you talking about? What is he getting at? I don't want you saying another thing to my daughter.
Oh, my God.
You two are so pathetic! You run around, like, throwing bombs at each other and meanwhile everything's falling apart.
I don't want you to say another word, do you understand me? Sweetheart, do you understand me? Oh, so now, like, you're gonna be my father again, is that it? Jenny, honey, don't.
Mom, I'm sorry.
Come on, let's go.
We're getting out of here.
No! You can't tell me what to do! Not anymore! (JENNY SOBBING) You were drinking, you were taking that drug and passing out every night.
And you were following that stupid bitch around.
And the whole time she was making a fool out of you.
She didn't love you, she just wanted your money.
Don't do this.
Do not throw your life away.
Stop.
I took some Dazzle from my mom.
The same night we carried you out of the bath.
I hid it at Dad's.
And then I just waited for the right time.
What happened the night Kate died? Dad had to work late.
Kate went to her apartment to paint.
I got the Dazzle, and left Jim at Dad's and went over to Kate's.
We hung out for awhile.
And, and she was so happy 'cause I was, like, finally coming around.
So I asked her to see the roof.
She was always bragging what a great place she had, how cool her life was.
And after awhile, she put her glass down and I just put it in when she turned her back.
We kept talking and after a couple of minutes she got really dizzy.
I helped her so she could lean against the rail and then it Everything was falling apart! Someone had to do something! You weren't gonna do it, so I did.
(JENNY CONTINUES SOBBING) This girl wanted her family back so badly that she was willing to kill for it.
There's always visiting day.
These are their stories.
No way you're growing pot in your garden.
Only way I can afford it.
You know, Scott, this is Manhattan.
You want to see my buds? Okay.
Come on.
The plants are out here on the patio.
(LAUGHS) You're nuts.
Now, be really quiet.
We don't wanna wake the neighbors.
(GAS PS) What's wrong? Oh, my God.
What do we do? My phone's on the table.
Hurry! A lot of blood.
Must have been alive when she hit.
The heart kept pumping.
A couple of minutes, at least.
We got an ID? Kate Hollis, 26.
Rented a place on the top floor.
BRISCOE: There's no open windows directly above.
I'm thinking the roof.
A jumper? I doubt it was an accident.
Why do you say that? The body would be closer to the building.
She came off the roof with some velocity.
Splashed down a good eight feet from the wall.
So the question is, did she get a running start or was she pushed? Hard to say for sure until we get her on the table.
Looks like there's something under her fingernails.
Skin maybe.
Well, she fought back.
Roof's sealed off, whenever you're ready.
All right, thanks.
We were out clubbing, we came back around 4:30.
She was just lying there.
Do you know her? Not really.
She moved out around the time I moved in.
What do you mean, "moved out"? She didn't live here anymore.
She kept the apartment.
Rent-controlled? Looks like you got a green thumb, huh? Hey, I called 9-1-1 right away.
I did the right thing.
Well, do the right thing now, get rid of these.
I'll get a garbage bag.
Big patio.
Rent control.
Nice buds.
Pretty good life.
No wonder the neighbors keep dropping in.
(POLICE SIRENS WAILING) It's pretty difficult to go over this railing without a struggle.
Yeah, unless you're juiced.
See, that's the trouble with you AA types.
You see an alcoholic behind every bush.
Which is where they are.
Hey, wanna get this dusted for prints? Detectives, Mr.
Ostertag.
He's the Super.
I was over in Jersey visiting my daughter.
I came as soon as I heard.
How well do you know Ms.
Hollis? Well enough.
She's been here going on seven years.
But her name's Snyder now.
BRISCOE: It says Hollis on the mailbox.
Yeah, well, she turned her apartment into some kind of art studio.
Gave me 500 at Christmas to keep my mouth shut.
Her husband footed the bill, I think.
Where she live now? Soho someplace.
It's supposed to be pretty ritzy.
He's an older guy, you know, must have some dough.
She ever have any problems, like with other tenants, maybe? I really didn't see her around here much after she got married.
What about before that? Oh, it's another story entirely.
BRISCOE: How's that? Well, she was a real good-time girl when she first moved in here.
I got lots of complaints about loud music, parties on the roof and such.
We may need to get into her apartment.
Just give me five minutes.
The keys are downstairs.
Well, I can see why she found herself a rich husband.
Don't give up your day job.
Cash is still here, all the credit cards Oh, and here's her wedding picture, this guy looks twice her age.
Aw, some guys have all the luck.
Well, looks like she knocked back a couple for artistic inspiration.
I don't see any other glasses, do you? No.
Just that one on the roof.
Look.
Davis Liquors on Third Avenue.
Dated last night.
Think she made a habit of drinking alone? Her husband should know.
Or not.
BRISCOE: When was the last time you saw your wife, Mr.
Snyder? DON: She never came home last night.
I called everyone I could think of.
And I finally called the cops.
And they said that I had to wait 24 hours.
I don't know what I'm gonna do now.
I We're turning the guest room into a A nursery.
Your wife was pregnant? We just found out.
ED: How long were you two married? Six months next Tuesday.
Do your children live with you, Mr.
Snyder, or with their mother? Uh, my ex-wife and I have joint custody.
We alternate weeks.
Can you think of anybody who might want to hurt Kate? God, no.
She was a wonderful person.
Everybody loved her.
I thought this was an accident.
We're just trying to put all the pieces together.
Do you have any idea why she would go to her old apartment last night? DON: She went over there several times a week to paint.
And what time did she leave? Well, I don't know.
I had a business meeting until 9:00.
I didn't get home until 9:30.
The kids were here.
Kate took off around 6:00.
BRISCOE: She left you two alone? I'm 16.
We ordered Chinese, then she went out.
Did anybody else know that she was going to her studio? DON: I don't know.
BRISCOE: Did anybody else have keys to her apartment? I couldn't say.
ED: What kind of mood was she in? Just like normal.
Yeah.
Would you kids go to your rooms? Okay? Okay.
Mr.
Snyder, how'd your wife feel about being pregnant? Was she depressed? (SNIFFLING) She was thrilled.
She was thrilled.
There's no way that she would have done what you're suggesting, if that's what you're suggesting.
No.
No, she wouldn't.
Skull fracture, massive internal bleeding.
Take your pick.
Either one would have done the job.
ED: Any idea when? Between 8:00 and 10:00 p.
m.
Initial tox screen came back with a blood alcohol level of 0.
06.
That's about two drinks.
Her husband said she was pregnant.
Yeah, six weeks.
Some people just don't listen to the Surgeon General.
We also found some traces of benzodiazepine in her system.
Probably Valium.
I told you, once a party girl Would that combo make her woozy? Well, given her body weight, definitely.
But, she wasn't just leaning over to admire the view.
More likely somebody helped her lean.
The stuff under her fingernails? It was skin.
I also found bruising on her arm.
See these four marks? Fingers.
Oh, so somebody grabbed her.
Tight.
So we're thinking someone pushed her? Well, I doubt they were trying to pull her back.
Plus the skin under her fingernails probably means there was a struggle.
No one saw anything? Heard anything? We canvassed the building.
Nothing.
What about the husband? He says he was at work.
Any scratches on him? BRISCOE: None that we could see.
It couldn't have been easy to get a grown woman over that railing.
Unless the booze and the drugs made her a pushover.
And 8:00 to 10:00's the best we got on time of death? There was a receipt in the studio that had her buying wine at a local liquor store at 9:05.
And it's about a five-minute walk from there to her apartment.
So, we've got her alive until about 9:15 or so.
What's next? Make sure hubby was where he says he was.
I left a little after 7:00.
Mr.
Snyder was still here.
Then he had a business meeting, right? With Bob Levinson.
At his office.
We're gonna need Mr.
Levinson's address.
Did Mr.
Snyder work late a lot? I mean, were these typical business hours for him? Honestly? In the past, yes.
These days, no, not really.
ED: Why? What changed? He changed.
He wanted to spend more time with his new wife.
You knew Mrs.
Snyder? I knew both Mrs.
Snyders.
I take it you liked the first one better? It's not for me to say.
But still Kate was as assistant here.
Call me old fashioned, I just don't approve of sleeping with the boss.
But I shouldn't speak ill of the dead, should I? Well, they say it takes two to tango.
(LAUGHS) He was Once Kate set her sights on him, he didn't stand a chance.
So, what, you don't think it was love? Oh, it was love all right.
Love of cruises, dinners, shows, trips.
There was a lot of love.
But you shouldn't speak ill of the dead.
It's just while Mr.
Snyder's reliving his youth, the business was going to pot.
And they say women go through menopause? So, how were Don and his new wife doing lately? I would hear them on the phone.
She wanted him to spend money, he didn't.
Like those renovations? (SCOFFS) Way over the top.
May she rest in peace.
Don and I have been doing business for years.
We're old friends.
So he was here last night? Yes, he's helping me find additional financing for a telecommunications venture.
What time did the meeting break up? You're sure? Well, I left about ten to 9:00 and Don left about 15, 20 minutes before that.
Why? How was he acting last night? In what way? Oh, was he upset, distracted? Not particularly, why? We're just trying to ascertain Mr.
Snyder's whereabouts after your meeting.
Hey, if you know something you better tell us.
Otherwise you might be facing an obstruction of justice charge.
Why did he leave before you? Where was he going? Look, Don and I did have a bit of a fight last night.
BRISCOE: About what? Don hasn't been paying as much attention to details as he has in the past.
Because of the new wife? I told him, "You play a little, fine.
You get it out of your system.
"But you don't marry them.
" BRISCOE: And what did he say? He didn't wanna hear about it.
But someone ought to clue him in.
I mean, her ex-boyfriend is doing the renovations You do the math.
Wait a minute.
The contractor's his wife's ex-boyfriend? Yeah.
Only Don just found out.
How did he react? Does the word "whipped" mean anything to you? I don't know what you're talking about.
We're talking about you lying about what time you left your meeting.
It was 8:30, not 9:00.
Maybe I got the time wrong.
ED: Yeah, well, you lied about when you came home, too.
The doorman says it wasn't until almost 10:30.
You get a lot of things wrong, don't you, Mr.
Snyder? All right, look, my kids are in the next room.
Well, then maybe we better finish this conversation down at the precinct.
Or we can finish it right here and now.
I just can't promise I'll keep my voice down.
Hey, I'm going down to the police station for awhile.
What's going on, Dad? I'm just helping them out with some things, that's all.
Dad? JENNY: You're not coming home tonight? Call your mother.
You might have to stay over there tonight.
And look after Jimmy, okay? Your friend Bob says that you were on your way to talk to Kate.
I didn't hurt my wife.
Must have been a shock to find out this guy used to be her boyfriend.
Did that make you feel like you were just a meal ticket? Kate and I were doing fine.
If Bob told you anything else, he misinterpreted what I said.
ED: Mr.
Snyder, how long do you think it's gonna be, before we find a witness that saw you at your wife's studio last night? We can understand how this might have happened.
It was an accident, right? She had a couple glasses of wine, she tripped, she fell ED: The important thing right now is for you to spin this the right way before it gets out of hand.
All right.
So you were there last night? DON: About 9:00.
What happened? Nothing happened, she wasn't there.
You know, we're gonna go round and round on this thing I'm telling you, she wasn't there.
I never saw her.
And I left.
I went to a bar, had a couple belts, and I got home about 10:30.
But I went there to talk to her about Gary Without my kids around.
Did you think she was having an affair? I don't know what I thought.
My daughter told me last week she thought there's something weird going on between the two of them, and so I asked Kate about it.
What did she say? She said that Gary was her ex-boyfriend.
ED: Her ex in your house Taking your money, spending all day alone with your wife.
She said they're just friends now and she gave him the job because he needed the money.
And that was that.
And I wanted to believe her.
But you didn't.
I thought she might be meeting him at her place.
So, I went there and I let myself in.
Only like I said She wasn't there.
So why didn't you tell us all this before? I couldn't tell anyone what I thought about Kate and Gary.
All my friends thought I was a fool to marry Kate.
Fifty-two years old, marry a girl half my age.
My ex-wife hates me.
My kids are very angry with me.
You know what it would be like to walk into my office and have everyone know she'd played me for a fool? You thought the baby was his? You're gonna have to believe me.
I would never hurt Kate.
No matter what.
There's nothing to tell.
I wasn't sleeping with Kate.
All that was ancient history.
You know, some people seem to think otherwise.
Who? Her husband? The guy was paranoid.
Found out Kate and me used to be an item.
Started to think maybe we still were, which we weren't.
Do you know if he ever threatened Kate? What do you mean? Was she afraid he might hurt her? I don't know.
Just for the record, when's the last time you spoke to Kate? Morning of the day she died.
And where were you that night? Home.
Guys, I'm telling you, there was nothing going on between me and Kate.
I got plenty of other fish to fry.
The truth is, deep down, I think the guy knew all along that Kate was only after his money.
Was she? He was twice her age.
What do you think? I gotta get back to work.
All right.
Thanks.
You think maybe it was possible Snyder was making something out of nothing? Well, the guy dumps his wife, turns his whole life upside down for this young chick.
And then he starts to think she's cheating on him.
Yeah, it's enough to give anybody's midlife crisis a crisis.
You know, if Snyder had a mean streak, maybe we should talk to his ex-wife.
Well, if anybody was gonna bring out the mean in him, it'd be his ex.
CLAIRE: What did Don say? He denies everything.
He's good at that.
You think he'd be capable of doing something like this? I have no idea.
Two years ago, I would had said "No" and not thought twice about it.
But he is like a different person.
I don't even know him anymore.
How do you and your ex-husband get along? We have two children together.
We share custody, and we try to be civil.
BRISCOE: Sounds like it's a strain.
Well, it's difficult to be civil to someone that you don't respect.
Kate was 25 when Don met her.
For her, love was enough to break up someone else's marriage.
But Don is 52 and He knows damn well it's more complicated than that.
We hear that he and Kate were having some marital difficulties.
(SCOFFS) Oh, big surprise.
He ever confide in you about what him and Kate were going through? No, that would mean admitting he'd made a mistake.
And he would never give me that satisfaction.
So you didn't know anything about it? My daughter mentioned something about the contractor.
ED: What did she say? That he was hanging around a lot, and that she thought that he and Kate were We'd like to talk to your kids, if you don't mind.
I don't know.
Look, if your ex-husband did this, I think it's important that we find out as quick as possible, don't you? (SIGHS) My Dad didn't kill Kate.
Nobody's saying he did.
But you keep asking all these questions.
We're just trying to figure out what happened that night.
Were you awake when your dad came home? Yeah.
What time was that? I don't know.
After 10:00? BRISCOE: How did he seem? Fine.
The man who was renovating your dad's apartment, what can you tell us about him? He used to drink sometimes while he was working.
I saw him punch the wall once.
Did he ever drink with your stepmother? She wasn't our stepmother.
Okay, what did you call her? Kate.
BRISCOE: So, did Gary and Kate ever drink together? She was there.
What about other stuff? You know, between them? What do you mean? Well, you know that Gary used to be Kate's boyfriend? It's kind of obvious.
I mean, they were always, like, whispering and laughing, acting like kids.
Then last week I saw them kissing.
Jimmy saw it, too.
Did you tell your dad? A little bit.
Not everything.
He never really wants to know what's going on.
ED: But you told your mom.
Anybody else? I told Kate.
I told her I saw what she did and I was gonna tell my dad.
And what did she say? She said nothing happened.
That it was all Gary's fault.
She was gonna fire him right away.
ED: When did she tell you this? The same day she died.
Yeah, we finally got the LUDs from Kate's apartment.
She called Gary Phillips at 7:52 the night she died and they talked for nearly 20 minutes.
And he told us he hadn't spoken to her since that morning.
And, he has a sheet.
Assault charge? I thought we liked the husband.
No.
DNA reports came back.
Not his skin under her fingernails.
We also found a bartender that thinks he remembers him knocking back a few drinks around the time Kate died.
Well, step-mom's out doing her thing, Dad's out drinking, the kids are left at home.
Welcome to the new American family.
So she calls the contractor to fire him? He goes over there, tries to talk her out of it.
She says, "No can do.
" Only, he doesn't take a pink slip for an answer.
Go talk to this guy again.
ED: Hey! Gary! Oh, YOU guys again? BRISCOE: Wanna come over here and talk to us for a minute? Right now? We're running behind here.
Hey, if you don't answer a few questions, the only thing you're gonna be behind is bars.
You had a long conversation on the phone with Katherine Snyder about an hour before she went off the roof.
I must have forgot.
You forgot? Did you forget she fired you, too? Where'd you get that? The day she died, Kate told her stepdaughter that she was giving you walking papers.
Come on, Gary, you went over to her studio, you tried to talk her out of it.
Things got a little heated.
Push comes to shove She fired me.
So what? I've been fired from jobs before.
So you weren't on the roof when she went over? I told you I was home alone.
Home A!one's a movie, not an alibi.
Maybe it was an accident.
She was a little high, kind of tipsy.
Yeah, maybe you even tried to save her, grabbed her by the arm.
Never happened.
Your prints were in her apartment.
We lived together for a year and a half.
Okay, what about the marks on her arm? Wasn't me.
BRISCOE: What about the skin under her fingernails? You wanna roll up your sleeves, Gary, so we can see your arms? We're gonna get your DNA, Gary, and the DNA's gonna put you on that roof.
Now maybe you ought to tell us your side of the story before we get the lab results.
He's right, 'cause once there's a match, I don't know if we can help you with the D.
A.
(SIGHS) Look, whatever happened, happened on the job, okay? That day, we were just kidding around, you know, like old times.
Anyway, one thing leads to another and I end up kissing her.
And she didn't like that.
She told me to stop.
ED: Did you? Not at first.
Look, it got kind of physical, so she scratched me.
Yeah, but that's the only reason why there'd be a match.
I didn't kill her, I swear.
Yeah, I'd swear, too, if my DNA was under a dead woman's fingernails.
According to the M.
E.
she'd been drinking.
Wine.
Tox screen also came back positive for benzos, probably Valium.
Did she have a prescription? Well, we haven't found one, but by all accounts she used to be something of a party girl.
So Phillips can claim it was an accident.
Well, CSU tended to rule that out based on the trajectory of the body.
Yeah, but won't stop a defense attorney from advancing an accident as an alternative scenario of the crime.
But, if Phillips gave her the drugs, accident or not, we could nail him on a contributory theory.
I'll call Rodgers.
Have her get a more detailed tox screen.
The benzo we found in her system turned out to be midazolam, not Valium.
Midazolam? The doctors call it Dazzle.
It's pretty similar to Valium, but comes in a liquid form.
What is it for? Hospitals use it to lessen anxiety in pre-ops, combative patients.
It's fairly tasteless, so it's mixed pretty easily with a patient's drink.
A medical Mickey? Yeah.
We're having her wineglass tested, too.
What happens when you mix midazolam with wine? Like they say, "Don't operate any heavy machinery.
" I understand Phillips going over there to change her mind about firing him, but why would he spike her drink? Maybe he thought he'd get lucky? Date rape? They used to be lovers.
Did the police find anything when they searched Phillip's apartment? No, and Rodgers says that midazolam's not a street drug.
That the only way to get it is by prescription.
Only Phillips in not under the care of a physician.
Which means Kate Snyder may have taken the drug herself.
Her husband seems to think that those days were a thing of the past.
Husbands don't know everything.
Sometimes girlfriends do.
Kate hadn't partied for a long time.
I mean, she was clean.
Well, the night she died she'd been drinking wine.
They also found drugs in her system.
(LAUGHS) I'm sorry, but I just can't believe that.
I mean, she'd have a glass of wine when she painted, but drugs? No way.
She was pregnant.
How did she feel about being pregnant? She was really excited about it.
Not depressed? No.
She was really anxious to start a family.
How did Gary Phillips feel about that? Oh, Gary, he was so over.
And her husband, was he anxious to start a new family? Look, don't get me wrong.
Don was great for Kate.
I know he was older and everything, but he was real good to her.
But there were problems? Don already had a family and believe me, the ex-wife, she didn't make things easier.
In what way? When Kate got pregnant Well, that's when the ex really hit the roof.
Why? Because Kate wanted Don to change his will.
You know, to make sure that her kids would be treated fairly, too.
Mr.
Snyder instructed me to cooperate with you fully.
So, tell me what you want to know? I understand your client recently changed his will.
About a month ago.
Can you tell me how it differs from the previous one? Well, in the old will, he left his estate in trust to his two children, with his ex-wife as trustee.
And the new one? I'm named as trustee, and the trust instrument anticipates that there will be other children.
From his marriage to Kate? That was my assumption.
Do you know if the former Mrs.
Snyder knew about the change? Absolutely.
I sent her a certified letter.
Why? Well, given the animosity during the divorce, I wanted to make sure Dr.
Snyder had ample notice to avoid a challenge later on.
You said Dr.
Snyder? Claire is an anesthesiologist.
JACK: An anesthesiologist? With definite access to Dazzle.
And the expertise to use it effectively.
Why didn't we know about this earlier? We had absolutely no reason to.
She wasn't a suspect.
You know, maybe they were in it together.
Ex-wife allies herself with ex-boyfriend? The enemy of my enemy is my friend.
Have Briscoe and Green take another run at her.
See what she has to say.
Drugs? Yes, in her tox screen.
So little Kate wasn't so perfect after all.
Well, the thing is, we're not sure she knew she was taking them.
What do you mean? We're thinking that somebody may have drugged her without her knowledge.
Don? Right now, we're concentrating on an ex-boyfriend.
The contractor.
How well did you know him? We've never met.
The drug we found is called Dazzle.
Midazolam? Only we're having a problem figuring out how Gary Phillips may have come by it.
And you think I gave it to him? Well, we're aware that there were problems between you and Kate.
Problems you didn't mention to us the first time around.
She slept with my husband, she broke up my marriage, she screwed up my family.
Yes, there were problems.
Just what are you suggesting? Is it possible that this drug could have been somewhere in your ex-husband's apartment? Somewhere where this Phillips might have found it? I don't know what someone would find in my ex-husband's apartment.
I don't live with him anymore, do I? Excuse me, I have patients to see.
(SIGHING) No, I've never seen him before.
What does he have to do with Dr.
Snyder? Well, we don't know yet.
Maybe nothing.
It's just, this looks like a mug shot or something.
BRISCOE: Well, we don't want to start any rumors.
(SCOFFS) A little late on that, I think.
ED: What do you mean? There was talk the hospital was going to yank her privileges.
Why? Dr.
Snyder's a good woman.
But the divorce really took atoll.
She started drinking, missing shifts.
But she was supposed to be getting help now.
I mean, I'd hate to think that she's in trouble again.
Why do you say that? Well, a few times last week, she didn't answer her page.
A resident had to handle the call.
According to the recovery nurse, she didn't answer her page on several occasions last week.
Two of them were on Thursday night during the timeline of the murder.
So what does Dr.
Snyder say about her whereabouts? She told the nurse she fell asleep in the on-call room.
Only Briscoe and Green can't find anyone who saw her.
So do we think she did it with Phillips or alone? According to Rodgers, alcohol and midazolam pack a pretty solid punch.
Wouldn't take much to get Kate Snyder airborne after that.
Get a warrant.
Search Dr.
Snyder's place.
What is it that you're looking for? We'll let you know when we find it.
Bathroom? On the left.
Mom, what's going on? Nothing.
Are they really gonna arrest you? Of course they're not going to arrest her.
Those are mostly antibiotics.
ED: Lennie? Look at this, midazolam.
It's for my own use.
Oh, so you're Rachel Clark? A little Daz'll do ya, huh, Doc? What you have is an entirely circumstantial case.
What we have is a bottle of midazolam and motive.
And no opportunity.
My client was in the hospital the night of the murder.
Asleep in an on-call room with nobody to substantiate her whereabouts.
I didn't kill Kate.
But you may have provided the means to the person who did.
If you're referring to Gary Phillips, my client already told the police she never met him.
Dazzle seems to have become the sedation of choice for your client over the last six weeks.
That's right around the time she found out Kate Snyder was pregnant and her ex-husband was changing his will.
He just couldn't wait.
Claire, please.
People think a 50-ish mother is ridiculous, what about a 52-year-old father? If your client supplied midazolam to Gary Phillips, now would be the time to tell us.
If she cooperates, we'd be willing to offer manslaughter instead of murder.
I'm sorry, she can't tell you what she doesn't know.
So, we can prove he was in the apartment, but not her.
And she had the Dazzle, but not him.
It'd be tough going forward against the two of them without knowing exactly what happened.
Yeah, I don't really want to play Eeny meeny, miny, mo here, Jack.
The best scenario right now is to go after the ex-wife.
Even with the physical evidence against Phillips? If he did it, he did it with her help.
On the other hand, she could have done it by herself.
Why don't we take her to a preliminary hearing.
Show her our hand? Yeah.
I mean, if she thinks we can push her over the side, maybe she'll reach out and grab Phillips when she falls.
Claire blamed Kate for the breakup of our marriage.
Did she ever tell you that? All you have to do is read her deposition during the divorce proceedings.
But, our marriage was over long before I met Kate.
Your divorce was less than amicable? I wanted joint custody.
Claire wanted the kids full time, and with her schedule, that meant a nanny was raising them.
Why did she fight so hard for sole custody? Objection as to why my client may have proceeded as she did.
Hearsay is permissible in a preliminary hearing.
Overruled.
You can answer.
Well, originally, Claire agreed to joint custody.
But when she found out that sharing the kids physically meant a reduction in her child support payments, she opposed it.
Finances were important to your ex-wife? I didn't realize how important.
Meaning? When Kate got pregnant, I wanted to provide for that child in the same way I've always provided for my children.
But Claire, Claire couldn't abide that.
How could you do this? How could you do that to her? Objection! You son of a bitch.
You couldn't bear the fact that I was starting over while you're drinking yourself to death.
JUDGE: That's enough! You brought her into our bed! You had her raising our children! That's enough from the both of you.
So you kill her? Drop dead! JUDGE: I said that's enough! Another outburst, I'll hold both of you in contempt.
Is that understood? Yes, sir.
RODGERS: We found marks on her upper arm, bruising, indicating she'd been grabbed with some force.
What else did you find? The victim had alcohol and midazolam in her system, both of which were also found on her drinking glass.
Midazolam? It's also known as Dazzle.
Is there a black market for this drug? No, as far as I'm aware, no.
Its supply is limited to hospital pharmacies.
What effect would the combination of Dazzle and alcohol have had on Kate Snyder? Well, based on her body weight, she would have been seriously inebriated.
Incapacitated? Possibly.
Thank you.
You don't know for sure when she acquired those bruises, do you? Not to an absolute certainty, no.
They could have been inflicted earlier that day? Possibly.
Isn't it true that Kate Snyder also had skin tissue under her fingernails? Yes.
And did you do DNA testing on that tissue? Yes.
What were the results? The material matched an individual named Gary Phillips.
Not my client? No.
GARNETT: Now, there's been testimony that Kate Snyder had a history of drug abuse.
Is it unusual for individuals with prior substance abuse problems to relapse? No.
Is it unusual for such individuals to mix drugs and alcohol, despite the dangers of doing so? No.
Even if they're pregnant? Unfortunately, no.
Nothing further.
We've heard testimony that your mom had some problems with Kate.
Mom always told us to respect Kate and do what she said when we were at her house.
Still, your mom was upset about the idea of Kate and your father having a baby? Well, she wasn't exactly thrilled about it.
I mean, she knew it meant that they would never get back together.
But she was okay with it, you know? When was the last time that Kate went to your mom's apartment? The day before she died.
She came by to pick us up.
But while she was there, could she have gone in the kitchen, and opened the refrigerator? Sure.
Now, this is the same refrigerator where your mom keeps some of her medicine? Right.
Now what about your mom? She ever go over to Kate's studio? No.
Never went there to pick you guys up? She always picked us up at our dad's.
Thank you, Jenny.
The daughter's going to be effective witness in front of a jury.
The whole purpose of this hearing was to force Claire Snyder to flip on Phillips before trial.
We're no closer to that now than we were when we started.
She testifies tomorrow.
We may lose them both.
Dr.
Snyder's wrapped pretty tight.
Maybe she'll unravel.
GARNETT: Dr.
Snyder, let's clear this up right from the start.
Did you have anything to do with the death of your ex-husband's wife? No, I didn't.
Where were you on that night? At the hospital.
Doing what? I was on call, but I fell asleep.
Is that why you didn't answer your page? Yes, that's right.
I turned my beeper off.
Did anyone see you at the hospital, say between the hours of 8:00 and 11:00? No.
And why is that? Because I had gone into a room that was being refurbished.
Now, why did you do that? Dr.
Snyder? I had taken something to help calm my nerves.
A drug? Midazolam.
And I didn't want the staff to see me until after Until it wore off.
How long have you been taking midazolam? Six weeks.
And why were you taking it? I don't know.
No I do know.
I had been drinking after the divorce and it got pretty bad.
And the hospital had threatened to take away my privileges if I didn't get help.
So, I started to take midazolam to help ease the stress.
What can I say? It was wrong.
So you didn't get any help? I went to a meeting But, no, I didn't get help.
Dr.
Snyder, did you at anytime give midazolam to Kate Snyder? Absolutely not.
Did you ever slip midazolam in her drink when she wasn't looking? No, never.
Thank you.
Did anyone prescribe this medication for you, Doctor? No.
So how did you come by it? You were writing prescriptions for patients who never existed.
Objection.
Goes to credibility.
I agree.
I was in trouble.
So you lied, the same as you're lying now.
I'm telling the truth.
Oh, come on, Doctor.
Didn't you hate Kate Snyder for what she'd done? No, I didn't hate her.
Really? Because that's not the portrait painted by your divorce proceedings.
I was hurt then.
And what about when you learned that your ex-husband was starting a new family? A new family with the woman who had wrecked yours? Weren't you hurt then, too? My ex-husband already had two children who were in pain.
He had no business having another child.
And there was no way you were gonna let that happen, was there? So you used Gary Phillips to make sure it never happened.
No.
I would never put my children through this.
Not after what I've already put them through.
One night, my daughter Found me in the bathtub, unconscious.
And my children, my 11-year-old boy, had to carry me to my bed.
Whatever I may have felt, whatever I may have wanted, I knew then that my children needed me to be a mother again and I would never again risk losing their love.
Never.
So much for Claire Snyder cracking under pressure.
The judge may grant us an indictment here, Nora, but getting a conviction? Yeah, especially with a story like the one she just told.
She'll come off as a mother who'd never do anything to jeopardize her children.
SOUTHERLYN: Well, it's a little late for that.
Imagine finding your mother passed out in the bathtub, high on drugs and booze? And all because your father left her for a 20-something trophy wife? Imagine having to live with your new stepmother, under the same roof.
Having to follow her rules.
Having to watch her with your father every day, while your mother falls apart? Why did you want Jim to wait outside? Because we wanted to talk to the two of you together, with Jenny.
What do you mean talk to us? Talk to us about what? Jenny, is there something you'd like to tell us? What are you trying to pull here? Does she know something about you? Did you do this? Oh, here we go.
You killed Kate and you accuse me.
I did not kill Kate.
You just couldn't stand the idea of Kate being my second chance, could you? I never blamed Kate.
It was you.
Kate was 25, Kate was a child.
It was you who left your family.
I wanted to be happy, for once.
Oh, don't you talk to me about happiness.
After what you did to our children What I did? Oh, will you just grow up for once! You don't get it, do you? I loved Kate.
She was pregnant with my child.
What makes you think it was your child? Please.
As I remember, my side of the bed never had a problem.
Oh, you're such a bastard.
Stop it! Both of you! Will you just stop it! (SOBBING) JACK: You see now? You could never keep them together.
That had nothing to do with Kate.
JIM: What had nothing to do with Kate? But you blamed her, didn't you? For ruining your family.
But they ruined themselves.
What are you talking about? What is he getting at? I don't want you saying another thing to my daughter.
Oh, my God.
You two are so pathetic! You run around, like, throwing bombs at each other and meanwhile everything's falling apart.
I don't want you to say another word, do you understand me? Sweetheart, do you understand me? Oh, so now, like, you're gonna be my father again, is that it? Jenny, honey, don't.
Mom, I'm sorry.
Come on, let's go.
We're getting out of here.
No! You can't tell me what to do! Not anymore! (JENNY SOBBING) You were drinking, you were taking that drug and passing out every night.
And you were following that stupid bitch around.
And the whole time she was making a fool out of you.
She didn't love you, she just wanted your money.
Don't do this.
Do not throw your life away.
Stop.
I took some Dazzle from my mom.
The same night we carried you out of the bath.
I hid it at Dad's.
And then I just waited for the right time.
What happened the night Kate died? Dad had to work late.
Kate went to her apartment to paint.
I got the Dazzle, and left Jim at Dad's and went over to Kate's.
We hung out for awhile.
And, and she was so happy 'cause I was, like, finally coming around.
So I asked her to see the roof.
She was always bragging what a great place she had, how cool her life was.
And after awhile, she put her glass down and I just put it in when she turned her back.
We kept talking and after a couple of minutes she got really dizzy.
I helped her so she could lean against the rail and then it Everything was falling apart! Someone had to do something! You weren't gonna do it, so I did.
(JENNY CONTINUES SOBBING) This girl wanted her family back so badly that she was willing to kill for it.
There's always visiting day.