Law & Order (1990) s15e04 Episode Script

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.
My husband's coming in with the shirts and I need these dresses hand-washed, okay? Hand-washed.
Phil, where's the other shirt? What? The pink Perry Ellis.
For God's sake, did you not remember the pink Perry Ellis? I can't believe you! (GLASS SHATTERING) Holy! o“, my God! Was that a bomb? Not a bomb.
Look.
(CAR ALARM BLARING) Jesus, Mary and Joseph.
PATTERSON: Peter Jenlow, 19-year-old student at Atlantic Eastern.
Took a header out his dorm room window, 12th floor.
Any witnesses? Nah, but the whole block heard him when he hit.
What about, like, a roommate or something? Terry Lipsky.
He ain't there now, but we're trying to locate him.
What do ya got? Take a look.
Skin held up pretty good, but everything inside was pulverized.
Pelvis, lower extremities.
Looks like a Halloween costume with nobody in it.
He's a good 15 feet from the dorm.
If he'd just stepped out and dropped, he would've landed closer to the footprint of the building.
Well, maybe he had a running start.
Or a little help.
That's what I'm trying to say.
He's a college kid.
Maybe he's on drugs.
Hey, can you give us a call when the toxicology comes in? OFFICER: Sure thing.
Find any drugs? Nope, prescription or otherwise.
Suicide note? No sign of one.
We'll send his laptop to Forensics.
So what was this? An accident? Mmm-mmm.
Ledge is way too deep.
Get Latent to check this open beer bottle.
Hey, this might be interesting.
Take a look at this.
Some kind of a ledger.
Got numbers in this column, dates But look how high the numbers are.
Detectives? There's a white substance over on this table.
Looks like dust and plastic.
There's nothing up here now, but there was.
There's some marks in the dust.
You know what? Maybe whoever took what was up here tossed our boy out the window.
I don't know about that.
Maybe, just maybe.
Robbery-homicide? Robbery-suicide.
Now, that would be a first.
When I couldn't cover his tuition, he found a job.
How he did it with schoolwork and sports That's him.
Well, he was certainly a good-looking boy.
Mrs.
Jenlow, how was Peter the last time you saw him? Full of energy.
Making jokes, running around.
He didn't seem upset? I know what you're saying, and you're wrong! He wouldn't have done that.
(VOICE BREAKING) I know my boy.
I was here in the park with my girlfriend.
We were studying.
Hey, do me a favor.
Write down her name and number.
It's, uh, Karen Karen Coleman.
You could try in her dorm and her family lives in Westchester.
Hey, listen, dude, did you notice anything missing when you got back to your room? It's not like I own jewelry or whatever, but my guitar and my mp3 player were still there.
How about Peter Jenlow? He have anything worth stealing? Look, it's not like me and Peter really hung out or anything.
You shared a room.
University housing.
They stuck us together.
You didn't get along with Peter? We didn't, like, not get along.
We just didn't mesh.
I mean, he was gonna move out and get a place of his own in the East Village.
He could afford that? Avenue D's pricey now.
Guess so, right? He was bussing tables at, uh You know the Time Cafe on Lafayette? Peter was a good kid.
Conscientious, reliable, good with the customers.
Course I wasn't so happy he stopped showing up.
He quit? When? Four, five months ago.
Came in one day, gave 24-hour's notice.
Apparently soccer practice is more important.
Thanks, man.
Thanks.
So, he hasn't worked in five months and he didn't tell his roommate? Or his mother.
We won't have a full tox for a few weeks, but as far as the prelim goes, no hallucinogens, amphetamines, barbiturates.
That's pretty clean for a college kid.
We found an open beer with prints on it.
Well, he didn't get to drink it.
(SIGHING) You know, the university clinic sent over his file.
Never saw the campus shrink, which isn't to say that there weren't issues.
Bad grades, a girlfriend? Well, I checked for signs of a previous suicide attempt.
Hard to tell, since there wasn't much left to work with.
But he never slit his wrist and he hadn't tried to hang himself lately, so for now, it's circumstances undetermined.
Thanks a lot.
FONTANA: My gut tells me that kid jumped on his own.
Your gut say why? Look, someone tosses a 180-pound athlete out of a window, you gotta find a room full of broken furniture, busted glass.
Hey, what are you saying? That Peter put his beer down and said, "Excuse me while I kiss the sky"? (LAUGHS) There was this lady in the Bronx, took a header from six stories up.
We get to her place, the eggs are boiling, the toast has popped, the coffee is hot, and there's a folded newspaper on the table.
She couldn't wait until after breakfast.
After you, handsome.
VAN BUREN: Talk to me.
He's thinking suicide, I'm not so sure.
Based on? Based on the fact that Peter had money to get a place of his own, but he hadn't worked in months, he hadn't put any money into his checking account, and check this out.
We still haven't figured out what this ledger is we found on his desk.
Dates in one column, check marks and the numbers? "250, 250, 500.
" $500? That's some serious cash for a full-time student.
You see what I'm saying? Well, I'm curious.
You? Always.
So what's the next move? We're gonna dump his phone, see who he's been talking to.
His boss did say something about soccer practice.
Peter was kind of sensitive about money.
What do you mean, "sensitive"? The rich kids who go to school here? It's all about hitting the club, getting on the list for some rave or something.
Same as anywhere, right? Haves and have-nets? Strictly off the record, do you think that Peter was doing anything off the books to supplement his income? I doubt it.
He was a straight arrow.
So how'd he make ends meet? My impression? Barely.
ED: He was broke? His bank account was overdrawn.
He had a check for, like, a couple hundred bucks from, um I forget her name.
His roommate's girlfriend.
Oh, uh, Karen.
Karen Coleman.
He wanted me to cash it for him.
ED: What was the check for? I think Terry owed Peter money.
But Karen wrote the check? Why shouldn't she? She's not exactly hurting for cash.
So I gave him money.
I was trying to be nice.
And how much was that, exactly? You tell me.
Can you just answer the question, please? A couple of bills, maybe.
And what was it for? You saw their dorm room, right? It's like a closet.
One night, I wanted to hang with Lips.
I told Peter if he got a hotel room, I'd pay for it.
Lips? (SCOFFS) My boyfriend, Terry? Lipsky? You pay him for anything else? Like what? Like drugs? Or like maybe you owed him money for a bet? Is Westchester even your jurisdiction or whatever? 'Cause I'm not really enjoying this.
Hey, look here, Miss Westchester, we're investigating.
That means we can go wherever we want, ask whatever we want to whomever we want.
So we can talk here at your daddy's really nice house, or you can come downtown with us to our house, which is not so nice.
You know what? I should call Bob.
FONTANA: Bob? My dad's lawyer.
Well, you know what? I'm curious as to why you would need a lawyer.
Kids.
Hey, the last time somebody was that defensive, we found their mother under the floorboards.
Hmm.
A present from the phone company.
Right after Peter went out that window, someone in that room placed a call to Karen Coleman.
So Terry Lipsky was there.
He and the girl claim they were both in the park when it happened, right? Mmm-hmm.
Studying.
Hey, here's something very interesting.
I just got a positive on our snotty little friend, Karen Coleman.
She was DEC'd by a Detective Philips from Manhattan South Narcotics.
That's a major drug squad.
What do they want with a student? That seemingly naive Westchester princess is moving some serious product out of her dorm room.
We been sitting on her for three months.
She sets her Prada boot out the door, we get every move she makes.
She's under surveillance? That's pretty heavy.
Marijuana, ecstasy, mushrooms We're talking pounds here, not nickel bags.
Who's her clientele? Other students.
We've had a number of close-call OD's.
Kids with a bad reaction to her Ex.
Listen, do you think she has any other kids dealing for her? Maybe this Peter Jenlow guy? Nah, she's strictly a one-girl store.
Even her boyfriend.
She keeps him high, that's it.
Well, when we talked to her, she Whoa, whoa, whoa.
I gotta ask you not to do that anymore.
Hey, my team's got 1,200 man-hours in on this.
If you raise her up Look, man, her friend died.
It makes sense that we would talk to her.
Sorry, fellas.
You guys still wanna punch her dance card, be my guest.
But the line starts here, okay? Thanks.
So if Jenlow wasn't dealing, then what? I'm thinking blackmail.
He threatened to drop a dime on her So we are on the same page, now.
You do think that something happened to him.
Oh, no, wait a minute.
No, no.
I did not say that, I didn't say that.
But I think we'd be crazy not to play these two kids off each other, hear what they have to tell us.
Hey, man, I'm down with that.
But how we gonna do that? We ain't supposed to talk to Karen.
Yeah, but her boyfriend doesn't know that.
It says you understand your rights as they have been read to you, despite the Bob Marley air-freshener I smelled in your room.
Do I need a lawyer? Why, do you think you need one? I told you everything.
I'll sign it, I really don't care.
Forget that, we don't need it.
We're done.
We got everything we need to know from your girlfriend.
You spoke to Karen? She told us you called her after Peter died.
She told us everything you said, and she told us what you took from that room right before you split.
Well, well, well, Lips.
Looks like your new dorm room is gonna be at the University of Rikers.
Hey, you don't go to prison for this.
Oh, you don't go to prison for murder? Whoa, whoa, whoa, wait.
What, Peter? You think I Oh, no, I didn't touch him.
I swear to God.
Okay, come on, let's go.
Let's go! No, wait, listen! Listen! We were in our room, totally ignoring each other.
I I go to the bathroom for, like, two minutes.
I come back, and the The window's thrown wide open.
And I look out and he's lying on top of some car.
But I don't know why he did it.
I have no idea, I swear to God.
We'll, let's say for one second that we do believe you.
What happened then? I was freaking out.
I called Karen, and she said I'd better take the weed and split.
The weed? It was my weed, but it was just, like, a couple of joints' worth, seriously.
Okay, so if Peter wasn't dealing, how'd he make his money? He was waiting tables.
You're a liar! You were lying to us in the park and you're lying to us now! Look, I I told you, we weren't that close.
He was doing some other things, some kind of research job.
And why was Karen paying him money? And don't tell us hotel rooms, because we know it wasn't hotel rooms.
Wait, this isn't about that, is it? About Peter writing her papers? What? English Lit? The Franco-Prussian War of 18-whatever? Look, I swear to God, he didn't write any of mine.
He was doing her homework.
We should really look into that, it could be a misdemeanor.
I'm gonna phone the commissioner's office.
He said he had a job doing research.
So what if he did? We agree that Peter Jenlow jumped on his own, right? Hey, wait a minute.
We didn't agree on anything.
Oh, no, please say that I'm right.
Well, please say that you're comfortable telling the mother that this was a suicide.
I'm comfortable with the fact that we have a city full of actual criminals committing actual crimes, and we can't spend the months trying to figure out what was eating this kid.
Hey, we got a brand-new problem.
Another Atlantic Eastern studentjust died, a girl named Alicia Cameron.
HOW? Well, it wasn't the 18 floors from the dorm room to the street that killed her.
It was the sudden stop.
Let's go.
FONTANA: Tons of witnesses, Lieutenant.
She was on that ledge long enough for the tourists to take their cameras out.
Two jumpers in a week.
It's a nightmare for the university.
Copycat suicide.
The kids hear someone took the plunge, it gets them thinking.
Well, at least we know this one wasn't pushed.
Found this in her room.
It look familiar? VAN BUREN: Like the other one.
Exactly like it.
Apparently you can get these anywhere, but check it out.
Dates in one column, check marks, numbers, exact same layout.
Could be schoolwork if they shared a class.
They didn't.
I called the registrar's.
As far as I can tell, they didn't even know each other.
Her parents are coming in on the red-eye from Saint Louis.
Talk to them in the morning.
See what they can make of this notebook.
Mr.
and Mrs.
Cameron, have you seen this notebook before? It's Alicia's handwriting.
From school? Her classmates say it's not.
Do you know if she had a job? She said she was doing research for a doctor at the university.
Did she mention his name? Uh, I don't think so.
Uh, do Do remember if (SOBBING) I'm sorry.
I know this is hard.
(sum-nus) Only so much we could cover over the phone, you know, with Alicia so far from home.
(sums) Kids her age got a lot going on.
I figured we'd catch up when she got old.
I'm sorry.
This would be a research position through the university? I'm not seeing those names.
Well, a job with a doctor at Atlantic Eastern.
Could be Atlantic Eastern Labs.
They're an affiliate of the university, not a program.
But they do conduct clinical research.
Can I see that? That picture in the paper made me so mad.
They'll do anything to sell a paper.
Why do they think the university tries to keep these things quiet? Only makes it more likely it's gonna happen again.
Wait, are you saying there were more suicides? No.
No, not recently.
Couple of attempts.
Do you remember the names? I don't offhand.
Oh, come on, between us.
Nobody's gonna know.
I can't.
Without authorization from the university, I We're authorized.
I'm sorry.
All right.
We appreciate your help.
I'll be with you in a second.
(INAUDIBLE) Hmm.
Got it.
Get the hell out of here.
You got her phone number? Well, yeah.
What'd you think I wanted? Well, I was hoping you got the names of the other students.
I got those, too.
Stephanie Lawson and Carolyn Marello.
Anyway, look at this.
Do you think this could be Atlantic Eastern Labs? "Volunteers needed for clinical drug trial, "$150 per week"? So if the students weren't doing the research I'm just thinking they were the research.
We are running a clinical trial, but I'm afraid Dr.
Toomey's not in.
Yeah, well, we need a list of the students involved.
It's important.
If you can come back when the doctor's here, I'm sure he'll be able to help you.
Excuse me, but did you know that four of the people that are involved in your so-called clinical trial have attempted suicide? Two of them have actually succeeded.
Now, if word gets out, and we'll make sure it gets out, you're gonna have one hell of a time finding people who are willing to risk their lives for a few stinking dollars.
I'll find a room where we can talk.
Thank you.
Excuse me.
Do you mind if I ask what that notebook's for? Oh, it's They give us the pills and we write down the dosage and when we took it and how much.
It's to keep track.
So the numbers are dosages, not dollars.
NAOMI: They're milligrams.
Do you know what kind of a drug it is? Some sort of anti-depressant, I thin k.
They don't tell us what kind.
We're studying the side effects of a serotonin inhibitor called Lumedapine.
Now, it's already been approved for treatment for depression, and now they're studying it to see if it has any effectiveness in treating OCD.
Obsessive-Compulsive Disorder.
We've increased the dosage.
By how much? Well, between two and four times what's usually prescribed for depression.
Damn! Those kids out there have OCD? Oh, no, no, no, no.
We're just testing the side effects.
To participate, these subjects can't have any history of mental illness.
Now, about that list? Right.
I'd really like to be able to help you, but without Dr.
Toomey here, I just cannot give you any of these names.
I told you earlier, we have two dead kids.
Listen, how about this? I show you some names, you tell me whether or not they're part of your study.
Jenlow and Cameron are both down as current trial subjects.
Uh, Marello and Lawson both participated six and four months ago, respectively.
Least we don't have to wait for that tox screen.
Thank you.
Thank you.
TOOMEY: I'm not sure I share your concern, Detectives.
But it's too soon to draw any conclusions.
Well, when do you start sharing our concerns, Doctor? After a few more kids have killed themselves? Barden Pharmaceutical is reviewing the study.
They've got the foremost experts in clinical medicine looking into it.
But if you know something they don't, by all means, give them a call.
I think we will.
Why didn't the review happen months before? Like when Stephanie Lawson tried slitting her wrists? I wasn't told anything about that.
Hold on.
This girl wasn't part of your study? She stopped coming to the clinic.
And that incident was never recorded in her file.
Well, are you saying that there were no warning signs? That none of these kids said anything or there weren't any symptoms? I was instructed by Barden Pharmaceutical to gauge hair loss and fatigue, so that's what I had my assistants working on.
Anything else was outside our purview.
Your purview? You're a doctor, Doctor.
You took an oath to "First do no harm.
" Weren't you more concerned about the lives of your volunteers rather than the rules of some study? If I'd realized anyone was having an adverse reaction, I would have taken them off the drug.
(CHUCKLING SARDONICALLY) I'm not a monster.
If you say so.
Excuse me.
(ENGINE STARTING) Detective Green, I think we just hit a nerve.
Mmm-hmm.
Before you go digging up witnesses You wanna know if it's worth it.
Guy's passing out pills like they're lollipops.
He claims it's not his job to notice anything other than What was it? Hair loss and fatigue.
Both of which I got.
If we had proof that he was reckless, if he clearly ignored signs a professional shouldn't have missed, maybe criminally negligent homicide.
He does four years.
Works for me.
We'd need someone to testify.
Well, there are some students that were part of his study who attempted suicide, but lived to talk about it.
FONTANA: Lieutenant? That's a pretty good start.
When Carolyn wouldn't wake up, I called 911.
Ithank God I came home early.
Mom.
MRS.
MARELLO: They had to pump her stomach.
They don't need every detail.
Yes, honey, they do! She started acting strange when she went on that drug.
Did you tell anyone at the clinic? Are you kidding? I screamed it.
The doctor wouldn't talk to me, of course, but I gave that woman who works for him an earful.
We have a witness who told you months ago how dangerous this drug is, and you chose simply to ignore her.
(SIGHS) I didn't ignore her.
So what happened? (sum-nus) Mrs.
Marello called and Look, I have a three-year-old.
I'm not even a nurse, my training is in medical research.
If I get into trouble Miss Heras, stonewalling detectives who are conducting an investigation is not a good way to stay out of trouble or the penitentiary.
Oh, my God.
So, Miss Marello called? It wasn't just her.
There were others.
Kids getting anxious, having trouble sleeping.
I was worried, but Dr.
Toomey insisted.
He said, "Do not write anything down unless I tell you.
" He told you that? He said, "Do not write anything down unless I tell you"? It's his clinic.
His study.
Who pays for his study? Barden Pharmaceutical.
If Dr.
Toomey stops the study, they won't renew his contract.
That's one reason to overlook a few suicides.
TOOMEY: Who is it? Those annoying New York City detectives, sir.
MRS.
TOOMEY: Russell? Who's that? Not a good time, guys.
Wejust have one question we'd like to ask you.
What? You know, I think it'd be better if we were in private.
You said one question.
Yes, sir.
What size are your wrists? A jury might question your client's objectivity, seeing as Barden Pharmaceutical retains him as a consultant for $50,000 a year.
It's a standard arrangement.
Page 2 lists the duties for which he's being paid by Barden.
Oh, look.
It's blank.
No duties.
I guess you get to write your own ticket.
It's not a crime to receive payment for services rendered.
Unless he keeps the checks coming in by ignoring potential fatalities.
DIXON: Why would my client assume Lumedapine was at fault? Statistically, there's nothing conclusive, and the available research indicated there was no risk.
What available research? Two articles published by the Society of Practicing Physicians, based on an earlier clinical trial.
"Even at experimental dosages of 500 milligrams, "Lumedapine was proven safe and reliable.
"Patients taking Lumedapine had no significant side effects.
" Except for suicide.
Criminal negligence requires a gross deviation from the standard of care a reasonable person would observe.
You're a reasonable person, Mr.
McCoy.
If you read these two articles, what would you think? These articles were published by the Society of Practicing Physicians.
Meaning? Unlike reputable or scholarly medical journals, such as, say, the one I edit, the SPP is simply a group of doctors working for Barden Pharmaceutical.
Not a huge surprise when they endorse Barden products.
Talk about a conflict of interest.
Tell you what else.
Most of the major pharmaceutical companies retain absolute control over the results of their studies.
Even if he wanted to, a researcher like Toomey can't release findings without Barden's permission.
You're saying that if a study makes the drug look bad They sit on it.
Barden could have already held trials for Lumedapine, gotten negative results, and we wouldn't have heard about it? Quite possible.
But then I wouldn't know, would I? As CEO, I am legally obligated to protect trade secrets in the interest of Barden stockholders.
Right? Counsel says I'm right.
I'm sorry.
Please.
We're not asking for trade secrets.
What we want to know is if there's any testing on this drug you haven't released.
First let me say I am deeply distressed by what happened to these kids.
But I don't know that there's any connection to our study.
Well, if you really feel for these victims and their families, Dr.
Cedars, you'll wanna help us in our case against Dr.
Toomey.
He's hiding behind articles claiming Lumedapine is safe.
We both know that that's not true.
You may think you know that.
We don't.
Let me show you something.
Egyptian, Old Kingdom, several thousand years old.
A priest-physician treating a sick child.
How did he figure out which herbs weren't poisonous, let alone curative? Trial and error.
Dr.
Cedars It's still trial and error.
Despite cat scans and ultrasounds and DNA and X-rays.
Oh, look what happened there, Madame Curie discovered radium.
And it killed her.
Tell me that you're not justifying these suicides as the cost of doing business.
I resent that implication.
With any medicine, the line between effective and toxic is this close.
Do me a favor and don't lecture me about helping people.
This is about money.
Yes, we make money helping people.
That's the business that we're in.
Where would you be without us? No vaccinations, no antibiotics, no anesthetics.
Do you really want to live in a world without modern pharmaceuticals? Thank you.
Even if there was previous testing of Lumedapine which showed adverse reactions, which you have yet to prove, how is my client supposed to know about that when it takes a subpoena to pry the studies loose? The SPP articles were the only research available.
They were published and distributed by a medical group formed by Barden for the sole purpose of promoting their product.
Which has zero to do with my client.
Unless you plan on using these articles for your client's defense.
The jury's going to hear testimony from Miss Heras, who personally informed Dr.
Toomey about the calls from distressed patients.
No jail time.
My client pays a fine and does six months probation.
He serves four years.
Four years? DIXON: Why would we agree to that? It's better than eight.
The doctor's looking at two consecutive sentences.
What if my client restricted the nature of his observations as a result of coercion by a separate party? We're listening.
Before the study began, a Barden representative called and insisted I stay within the unusually narrow parameters of the protocol.
Why wouldn't Barden want to learn everything possible about their drug? I don't know.
But he insinuated that if the study was stopped, Barden would never work with me again.
That would have been disastrous for me and the university.
Who was it that called you? I only know he was from Barden.
I was so shaken, I'm not even sure I asked him his name.
It makes sense.
Why would Barden Pharmaceutical fightoursubpoena if they weren't hiding something? Unless they're protecting trade secrets, which sounds plausible to me.
I mean, I've seen drug companies fold after getting beat out by competition.
Concern for a company that grosses $6 billion a year.
And provides thousands of jobs, and maybe just provides a product worth paying for.
It's the biggest business in the world, and anti-depressants are the third most prescribed drug in the world.
I think there's enough profit to go around without covering up negative studies.
At the moment, we're not sure those studies exist, and Barden's entitled to make a profit.
But if they caused the deaths of two students By paying doctors to conduct trials with their eyes closed.
Well, if that's true, that would mean depraved indifference.
Murder two.
Well, I don't mean to pull wheels off your tricycle, but it sounds to me like you got a long way to go before you prove that.
Jack, I found something.
A reference to Lumedapine on the Web.
Only one? It's in Danish.
You look like you might speak Danish.
I had it translated.
A company called Remtek had a clinical trial of Lumedapine planned about four years ago in Denmark.
It doesn't say if it actually happened.
What time is it in Denmark? Well, Remtek's out of business, so I looked into the researchers.
One of them works in Fairview, New Jersey, unless there are two professors with the same name.
Two professors named Forskerskoler? My partner and I did testing of Lumedapine for Barden, but we can't show you results.
Uh, they don't let you take these kinds of things home with you.
Anything you can remember? People sleeping too much.
Talking about death.
Depression.
Did anybody cause themselves injury? We couldn't include one of the girls in the control group because she stopped coming.
We learned she was at hospital.
Yeah? She had not slept for days, became delusional.
Then she took a pencil and stabbed herself in the neck.
How many studies were conducted? Of Lumedapine? SERENA: Yeah.
Three in Denmark.
And seven or eight in Germany.
Interesting, yeah? Interesting.
And enough to arrest Dr.
Cedars, don't you think? Your Honor, my clients, Dr.
Cedars and Barden Pharmaceutical, admit to the conduct underlying the charges.
Was there a period at the end of that? The conduct is not criminal.
I see.
Yes, Barden commissioned clinical trials of Lumedapine.
Yes, it subsequently denied permission to publish all but one of these studies.
Yes, it promoted Lumedapine with excerpts and commissioned new testing.
Not one of these actions is illegal.
Multiple deaths from a drug Barden knew was lethal, but continued to dispense.
It's not only illegal, it's murder.
Excuse me? You have no concept whatsoever of Seems to me there's enough to let this go to ajury.
Motion to dismiss is denied.
In that case, move to exclude the previous clinical studies on grounds that they contain trade secrets.
If you want to protect your secrets, redact chemical formulas and processes of manufacturer.
RILLARD: Your Honor, the proprietary nature I agree with Mr.
McCoy.
Studies are in, formulas out.
(KNOCKING AT DOOR) Yes? Mrs.
Jenlow? I'm sorry to bother you.
How can I help you? A few days before Peter died, I got a call.
Whoever it was, they were weeping.
I said, "Who is this?" They didn't answer, so I hung up.
It was your son.
For him to do what he did I couldn't accept it.
I told the police l told them he was fine.
It didn't hurt the case, I promise.
We've got plenty of testimony.
Of course.
But thank you for coming in.
This company.
Barden, if they hadn't kept those other trials secret, would they have gone ahead and done this one? The one that killed my son? I concluded that, "At dosages of 250 milligrams or higher, "Lumedapine poses a significant risk, with side effects, "including mania and suicidal behavior.
" Professor, what happened when the results of your clinical study were complete? Barden decided to not release it.
JACK: Was there something flawed about your study? No.
In fact, of twelve clinical trials of Lumedapine the company commissioned, they released only one.
Did that trial significantly differ from the trial you conducted? Yes.
The study that was released was the only study which concluded that, at higher dosages, Lumedapine is beneficial and poses no significant risks.
Professor, what is the effect of this selective release of information? You do enough studies, one is likely to be positive by chance, yeah? If that's all the doctors read, they think the drug is safe.
Even if it isn't? Even if it kills you.
Last fall, I found out I'd gotten early admission to a great MBA program.
JACK: Did you look forward to that? Really excited.
Were you experiencing any depression? No, not even close.
And I wasn't stressed out, since I already got in to grad school.
What about after you began taking Lumedapine? Everything changed.
I started having these mood swings, feeling like a failure.
I started feeling like, secretly, everyone wanted me out of their lives, my boyfriend and my parents.
That I was this terrible disappointment to them.
Despite what you'd accomplished.
I know it doesn't make any sense, but at the time (sums) Did you act on these feelings? I locked myself in the bathroom, took a razor blade and sliced my wrists here and here.
My father heard me fall when I passed out.
He said he'd never seen that much blood.
All this happened when? Four months ago.
How are you feeling now? I'm off the drug.
I'm not having those thoughts and feelings, but sometimes I see my dad.
He's still afraid, and I feel like he'll never quite see me the same way ever again.
And I can't help him, 'cause I don't understand it either, how I could do that to myself.
I'm SO aware HOW of how badly I want to stay alive.
In the decade I've worked at Barden, I've overseen the development of dozens of pharmaceuticals.
Ever known an experimental drug to cause a fatality? Yes, I have.
Would you tell us about it? Sebrunol is a platinum-based chemotherapeutic agent we thought would be effective in treating cancer.
Objection, immaterial.
I'll allow it.
Go ahead.
Did the fatality affect your assessment of Sebrunol? There were several deaths, presumably as a result of treatment, and other negative indications.
We were skeptical, to say the least.
I advised the company to stop testing, but Dr.
Cedars, he wanted to keep going.
Turns out, Sebrunol is the most effective drug we've ever produced.
It's saved thousands of lives in the past few years.
I was doing catch-up on discovery.
Discovery? You're halfway through trial.
The defense disclosed dozens of boxes of paperwork.
They're trying to drown us.
They have nine paralegals and we just have me, but I don't think that they meant to disclose this.
Miss Southerlyn, you've outdone yourself.
Do I get to see it? Well, let's see if Dr.
Cedars can wiggle his way out of this one.
Yes.
research and development is risky.
It's also the most expensive and the most crucial aspect of drug production.
Last week, I saw a very young boy nearly suffocate during an allergic reaction.
But one injection of epinephrine and he was breathing normally.
You would have thought it was magic.
I had to remind myself that drug came at a price.
It always and only comes at a price.
Dr.
Cedars, why continue testing Lumedapine when the previous trials were so troubling you declined to have them published? Here is how I determine whether a drug warrants testing.
Imagine the person that you love most in the world.
Imagine your son or daughter ravaged by disease, in agony, crying out for help.
Now ask yourself, "What would I give for a cure? "What would I be willing to risk?" So those two fatalities arejustified? No.
Those were a tragedy.
You think I'm blind to that? I'm not.
But you are implying there's a calculated risk? Oh, yes, on a larger scale, there is.
Absolutely.
People want guarantees.
As long as we develop new medicines, someone will die testing it.
That's a promise.
You, me, someone.
Despite safeguards and best intentions, there will be tragedies.
Pregnant women taking Thalidomide, for instance.
And yet that very drug is now being used effectively to treat malignant tumors.
So you were hoping Lumedapine would have other uses, and that was your only reason to continue testing? Of course.
Dr.
Cedars, when was Barden's exclusive patent on Lumedapine due to expire? Our patent expires early next year.
And once your patent lapses, other companies can cut into your profits by introducing generic: versions of Lumedapine, is that right? Takes enormous sums of money to develop new treatments.
We're entitled Did you effectively ensure a three-year extension on your patent, and hundreds of millions of dollars of profit, simply by entering Lumedapine into additional clinical trials for alternate usages? Your Honor I'd like to mark this as People's Exhibit 18, YourHonoL A letter generated by Barden attorneys concerning the extension of patent exclusivity.
Communications with legal counsel are obviously privileged.
This document was disclosed by the defense.
RILLARD: Obtaining a patent extension is not proof of guilt, Your Honor, but to ajury Objection sustained.
I'll exclude the document.
Your Honor.
Jury will disregard the reference to Barden's patent exclusivity.
Is that understood? I would have hoped we'd have a verdict by now.
Well, at least the jury heard how Barden profited from those studies.
On the other hand, if even one juror has got a relative whose life depends on pharmaceuticals that fight cancer This could go either way.
Well, Dr.
Cedars is facing jail time.
If I were him, I think I'd be in the mood to listen.
All right, Mr.
McCoy.
Tell us why we're here.
I'm offering to drop the murder charges if the defendant agrees to the following conditions.
Defendant pleads to criminal negligence.
You know we can't admit to any criminal liability.
In addition, Barden Pharmaceutical agrees to make the Lumedapine studies and all future studies of any drug they develop, accessible to doctors through a medical database.
Are you crazy? I built this company.
You think I'd lay it open to a billion dollars in lawsuits? You think it's so terrible for a drug to turn a profit? What about the fact those profits are used to fund treatments for Leukemia or Alzheimer's? I have no problem with your company making money.
This is about Peter Jenlow and Alicia Cameron.
The hell it is! Remind your client that we have ajury out on charges that carry a mandatory 15 or 25 years-to-life.
If he pleads, no jail time? We can live with that.
I'm glad you can live with that.
Did you cause Barden Pharmaceutical to conceal results of eleven clinical trials, which indicated Lumedapine was potentially harmful at dosages of over a 125 milligrams? Dr.
Cedars? Dr.
Cedars, please respond.
Yes, I did.
JACK: And did you knowingly facilitate the dispensing of Lumedapine at dosages ranging from a SERENA: He laid it all out.
Now some hotshot trial lawyer can hit Barden with a massive class-action suit.
I'd save my tears for the Jenlows and the Camerons.
Oh, I'm not defending Dr.
Cedars.
I just hate to see Barden put out of business because their CEO got greedy.
You wouldn't happen to have a particular hotshot trial lawyer in mind, would you? I'm meeting him at Raoul's in 20 minutes.
Do me a favor, Jack? Make sure the victims get some of the money.