Law & Order Special Victims Unit s16e19 Episode Script

Granting Immunity

In the criminal justice system, sexually based offenses are considered especially heinous.
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
These are their stories.
We're going to see Dr.
Lee today.
Guess who's gonna get a lollipop.
You remember Dr.
Lee, don't you? Oh, yes.
I want a lollipop.
I'm fine.
Dad says I should go to school.
Okay, but take it easy.
Bye, Aiden.
Okay.
Thank you so much.
- This is Aiden.
- This is Noah.
We be on? Oh, yeah.
Good morning, Principal Schwartz.
Get to class, boys.
May I see that? So a group of kids from Tribeca Academy went off campus today for lunch and had a rainbow party.
A rainbow party? They're still having those? I thought they were a suburban myth.
Yeah, well, apparently not.
Explicit photos were taken, and then they went viral at the school, so we've got a lot of kids, panicking parents.
Did I miss an episode of Girls? Remind me what a rainbow party is.
Remind you? It's when, um, when girls wear different shades of lipstick and they take turns on the guys.
Yeah, the first guy to get every color of the rainbow, he wins.
Come on.
We'll brief each other in the car, guys.
Let's go.
I'm never having kids.
_ Thank you for coming so quickly.
I don't think that what they did was a crime.
Okay, you did the right thing by calling us.
Now, were you able to ID the kids from the party? Yes, I was.
There were nine of them.
All ninth and tenth graders.
Their parents pay 45,000 a year in tuition.
They're not taking this well.
Everyone quiet, please.
Quiet! The police are here to take your children's statements.
Police? These are kids.
- This is ridiculous.
- Savannah didn't do anything.
I realize that we're all upset.
There will be time to discuss policy going forward.
For now, we need to deal with the situation at hand.
This is Sergeant Benson from SVU.
- SVU? Are you kidding me? - What's going on? That's unbelievable.
We realize that kids are kids, and we want to keep this in proportion.
We just also need to determine if any crimes were committed.
- Crimes? - This is a mistake.
Why'd they even call the police? You can be present when we talk to your child.
As for cell phones and social media, any pictures from the party should not be posted or shared.
We appreciate your cooperation.
Thank you.
Shall we begin? Good luck.
And where did you hear about the party? Jaden texted me.
Savannah's parents weren't home.
We were just gonna get some tacos.
It wasn't my daughter's idea.
You were bullied, right, honey? Look, the lipstick was the girls' idea.
Uh-huh, and what they did after they put it on, whose idea was that? My son told me the girls were just as complicit as the boys.
I don't feel so good, Mom.
I just need to know if anybody asked you to do something that you didn't want to do.
There was this pressure to do all the guys.
Some of the girls did but not me.
I don't even like Jaden.
Okay, okay.
The guys you were with, did they pressure you? It's okay to tell them, Savannah.
Mom, it was mostly just Leo.
You know him.
He's my lab partner.
I don't know where the lipstick came from.
We were just playing a game.
What kind of game, Leo? It's this game where you suck a card against your lips, and then you try Blow it on someone else? Yeah, but, I mean, sometimes the card falls.
Then you just kiss when that happens.
Okay, so kissing games.
Whose idea was it to go further? Excuse me.
We've met, haven't we? I'm Colleen Dole.
We saw each other this morning at the pediatrician's office.
- So Gabriel's your older son? - Stepson.
He lives with me and his father, who's in Moscow on business.
Does Dad have to know about this? That you were drinking and smoking and doing God knows what else? He already does.
Fine, there was weed there, Dad.
But I didn't smoke it.
I run track.
So we done here? Not yet.
Your son sent sexually explicit photos of himself and some of the girls to other students.
Okay, who were you playing "lipstick party" with? I'm sorry, isn't that Leo's business? Not anymore.
Now if you want, we can take your son in and have CSU do a body exam.
This is unfair.
These parties have been going on all year.
This is my first one, and I get grounded? Gabriel, are you all right? Your father called me from Moscow.
- I'm fine.
- I've got this, Trudy.
You don't look fine, and you're warm.
Colleen, has he been eating dairy again? Excuse me.
I'm Sergeant Benson.
Trudy Malko.
I'm Gabriel's mother.
- We share custody.
- Okay.
I heard Savannah hosted this.
Just so you know, Mia's a very engaged parent, very present.
I'm sure she didn't know about this.
Okay, thank you.
That's helpful.
Sarge, when you have a minute, Mr.
Boylan and Ah, Mrs.
Dole.
Come on in.
How can we help you? Thank you.
We just wanted to apologize.
We know you took a lot of grief at the school today.
Everyone was defensive, fronting.
- Freaking out, really.
- Yeah.
I mean, most of these kids have never been in trouble before not like this.
Please, we understand.
Listen, every parent's first instinct is to protect their child.
That's why we're here.
We wanted to let you know that we're very upset about this party the kids threw.
And not just the messing around, but the drinking, the pot Messing around? This wasn't just a game of Spin the Bottle.
We know.
I had Gabriel show me the photos.
He is in very big trouble at home.
His father's flying back tonight.
And we appreciate that, but we still need to conduct our investigation.
About that, there are some rumors going around.
The girls parents are saying the boys might be arrested.
Even though their girls were just as complicit.
What Michael means is these are good kids.
No one was forced to do anything.
They would never hurt each other.
They're all friends.
That we understand, Mrs.
Dole, but there are age of consent issues and video issues to deal with.
The selfies? That's what kids do now.
They record everything.
But when they post or email those images, it crosses a line.
So you are charging them? - Oh, my God.
- I told you we should've - called a lawyer.
- Listen.
No.
Listen.
I'm glad that you came in and there's no need to panic now.
We have two of our detectives at the D.
A.
's office right now trying to sort this out.
The D.
A.
? Please keep some perspective.
Our boys are 15 and 16.
They won't do this again.
Nine teenagers alone in a $10 million loft in Tribeca.
What could possibly go wrong? Well, they got drunk and high.
Stripped down and had an oral sex competition.
They used different shades of lipstick.
I-I get it.
No teachers? They're all minors? Ranging in age from 14 to 16.
No one's claiming coercion.
Since no minor engaged in sexual activity with anybody over 18, I don't see statutory.
You don't? Not your call.
But you're right.
The bigger issue is these photos.
How explicit do they get? Well, help yourself.
Here.
Okay Huh you realize that just showing me these could be considered a federal crime? Seriously? Yeah, if that's your personal tablet, I'd get rid of those.
How viral has this gone? In the school, pretty far.
Email? Text? Social media? We're not sure.
Parents circled their wagons.
They brought up right to privacy issues.
I'm sure they did, but we gotta track these images down and remove them from the internet.
Awesome idea! How do we do that? Contact trace it.
You said these photos have been shared with every student in the school? Confiscate every kid's phone.
- Go from there.
- Every phone? Okay, why not call NSA, get them to tap their parents while we're at it? Easy, Citizen Four, we're not wiretapping.
But we have got to protect these kids.
With facial recognition, Geo-tagging, photo tagging, there could be pornographers and predators honing in on them now.
You want to explain that to the parents? That's your job.
Have fun.
Your last name? I've gotten phone calls from parents threatening to sue for violation of their kids' civil rights.
You tell them that if we don't contain this now, there'll be images of their children on the internet for eternity.
And what is your passcode, Chloe? Are you gonna wipe my phone? I just got to level 386 on Candy Crush.
Write down your username and password for Facebook, Instagram, Snapchat What? You have no right to ask Leo, write them down.
This is good.
You can read a book.
You left some lines blank, Jaden.
I don't want the NYPD reading my blog.
Yeah, don't worry about that.
Gabriel Dole.
Where is he? Home sick.
I'm his mother.
I have his cell.
Well, we need his passwords, Mrs.
Dole.
Trudy Malko.
I'm happily uncoupled.
Well, is there a landline where your son is? Call him.
Come back when you've filled this out.
Okay.
I'm finding this very invasive, Hannah.
I'm sure you don't want sexually explicit images of Gabriel going viral on the internet, Trudy.
It's for your son's protection.
Well, shouldn't that be my call, then? Not if it involves child pornography charges.
It must be stressful to spend so much time in such a dark world.
She's got a lifestyle website.
She reviews holistic treatments, herbal therapies.
She's the queen bee of the Tribeca moms.
Well, there's one in every hive.
Oh, excuse me.
Dr.
Lee.
No, Noah's home with the babysitter.
Why? Is everything okay? He was exposed to measles? How? Another patient in the waiting room.
And Noah may have been exposed.
Let's not panic.
He was just vaccinated yesterday.
Which is good, but the vaccine takes time to go into full effect.
No fever so far, also a good sign.
This patient that he was exposed to, was it Aiden Dole? He has an older brother, Gabriel.
- I'm sorry, I can't say.
- Of course.
I understand.
So what now? Is there anything I can do preventative? I mean, with his respiratory issues? I'd like you to quarantine him at home.
No exposure to other children.
Adults who have been vaccinated are fine.
For how long? Eight days to start.
I know that with your job it will be difficult.
We'll do whatever we have to, right? Come here, little man.
We'll do whatever we have to.
Thank you guys for coming.
Just put that stuff on any surface you can find.
Chief says you can work from here as long as you need, Liv.
Hey, how's Noah doing? You know, he's cranky and he's sluggish.
So just keeping my fingers crossed.
Lucy's here helping me out.
So how was the cell phone retrieval? Rollins and Carisi are sorting through with TARU.
May be short a few phones.
I'll talk to Principal Schwartz.
You know, on another issue Noah's exposure to measles may have come from a Tribeca Academy student.
It's in D.
C.
and Jersey.
It's bound to come here.
Look, Zara's school in L.
A.
is ground zero for anti-vaxxers.
Hey, has Gil been vaccinated? Well, I wasn't around when he was one.
I'm picking him up this afternoon.
Yeah, I'll put in a call to his mom.
_ Gil.
Good to see you.
- Want some? - What? No, no thanks.
So, uh, I talked to your mom earlier today.
You talk about us moving? Moving? What do you mean? Maybe she don't want you to know yet.
Know what? Hey, you can tell me anything.
You know that.
What She says we're moving to San Diego in July.
Well, she say why? The gangs in the neighborhood are getting bad.
But I don't want to go.
I'll never see you again.
Maybe you can talk to her.
I will.
Hey, and don't you worry.
You're gonna see me no matter what.
It's all gonna be fine.
Excuse me, just a moment.
This is an unmitigated disaster.
It's not ideal.
Can we talk in your office? That's not a good idea right now.
Walk me through this again.
Okay, TARU used the photos from the kids' phones that we confiscated to run a reverse image search.
- How many hits? - We don't know, but a lot.
They're already posted on RedChanlt, dark net kiddie porn sites.
Some middle school idiot uploaded these images after we explicitly said not to? Why am I not surprised? My mother calls it "teenacity.
" And TARU can't trace it back to any of the devices in custody? No.
Are there devices not in custody? By our count, there's seven.
Two from the party - Savannah Biel, Hudson Cuesta.
One 16-year-old, Larry Heller, and a few more 14-year-olds.
Some of the parents were making noise about civil rights violations.
I don't want to say I told you so Then don't.
It's just as likely their parents are worried that their kids are circulating child pornography.
So you guys need warrants for all seven? That's why we're here.
I realize the situation is serious, but not all of these parents are being deliberately uncooperative.
Savannah Biel and Hudson Cuesta were home sick yesterday.
With measles? That's confidential, Detective.
We've notified the CDC and are proceeding according to policy.
Okay, and how about Larry Heller? The other tenth grader? Is he home sick too? No, his mother's a lawyer.
Arlene Heller.
She was Walter Briggs' widow's attorney.
Kind of a live wire.
Did you tell her that we have a warrant? She didn't let me get that far.
I didn't know you had a kid, Counselor.
Don't remind me.
A kid, a cat, and a client at 5:00, so let's get this over with.
You have a warrant for my kid's cell phone? What is this, 1984? He wasn't at the party.
Look at him! He's on the chess team.
Well, he's still gonna have to comply.
All right.
Give 'em the damn phone, Larry.
I-I can't, I lost it.
What? That's it.
You're done, Larry.
I swear to God.
This is the third one in eight months.
- Is one of these your locker? - I 'Cause maybe you left it in your locker and you don't remember? The warrant covers his locker.
Open it, Larry.
I really lost it.
It's really not in here.
You're dumber than your father, you know that? _ Instead of sending alarmist emails about measles, the school needs to reexamine their walkaway lunch policy.
My problem is the drinking Where did the alcohol come from? Not here.
I checked every bottle.
I heard one of the boys brought it.
It wasn't Gabriel.
I asked.
You know what worries me? If the kids can smuggle in booze, who's to say next time it won't be a knife or a gun? It's outrageous.
Detective Rollins, Detective Carisi.
Oh, um I'll buzz you in.
Haven't they pried into our kids' private lives enough? We're responsible parents.
The police don't need to act like the CIA.
Can I help you? Yeah, your daughter wasn't at school yesterday and we have a warrant for her cell phone.
She told me she deleted the photos.
Maybe we could just talk to her.
No, she's resting.
She's home sick today too.
It wouldn't happen to be with the measles, would it? Did the school tell you that? So she does have measles.
Wait here.
I'll get you her phone.
So some images ended up on porn sites.
Can we stop this from spreading? You know how it goes, Liv.
Once you put it out there, you can't pull it back.
Well, the legit sites have taken 'em down, but they've gone viral.
Rollins and Carisi are retrieving the last of the phones.
TARU should be able to find out which student linked them.
Then what? Arrest them? They're 15 years old.
And white.
And rich.
It's not gonna happen.
We all know it's true.
So how's little man? I couldn't get him down for his nap.
- He's running a fever.
- But you know, two of the kids who didn't turn in their phones were out sick.
Kids from the party? Yeah, Rollins thought they might have measles.
How? They had to have been vaccinated.
Liv! Liv, I gave Noah his inhaler, but he's still having trouble breathing.
He's he's turning blue.
Call 911! I'll get the car.
It's faster.
Yeah, we'll meet you out front.
Start him on oxygen.
We may need to intubate.
It's okay, Noah.
It's okay, sweetie.
You're gonna be okay.
It's okay, my love.
- It's okay, my love.
- Olivia, you have to wait here.
- No no, I'm going in.
- Not now.
I'll let you know as soon as we stabilize him.
- Hey.
- Any word? Yeah, they want to keep him on oxygen.
Dr.
Lee's in there with him now.
Nick, you don't have to stay.
Fin's on his way.
As soon as he gets here, I'll punch out.
Okay.
- Hey, how is he? - Noah's sedated.
He's stabilized, but I noted Koplik's spots in his mouth.
First signs of measles.
So what happens next? He'll develop a rash on his body within a day or two, and we'll keep him here under observation.
Can I see him? - I'll get you a gown.
- Okay.
Thanks.
I think I feel warm.
Hey, Rollins.
Feel my forehead.
- I'm not feeling your forehead.
- Come on.
Okay, thank you.
Oh, wait.
You got a little something here.
And there.
Seriously? Another one here.
Okay, that's not funny.
All right? Measles is one of the most infectious diseases on the planet.
It's airborne, Rollins.
It lives on surfaces like cell phones for hours.
But Carisi, you're vaccinated, right? Yeah, but that's not 100% effective.
Look, I got an update from TARU.
They trace that teen pornographer? Yeah.
Larry Heller.
The kid is not so bright.
The mom was right.
His cell phone serial number was embedded in the photos.
His mother's got a mouth on her.
Who wants to give her the good news? Let's pass this one off to Barba.
She's a lawyer.
Professional courtesy.
Okay, Larry's a screw-up.
He is not a child pornographer.
The four sites your son disseminated those images to thought he was.
Disseminated? Are you serious? Dissemination charges put him on the sex registry till he's 40.
Those photos were Geo-tagged, putting these kids, and others, in danger.
You wanna talk about kids in danger? The kids at that party are in danger.
From measles.
Gabriel Dole, Savannah Biel, Hudson Cuesta.
And I heard half a dozen others have come down with it.
Spreading measles isn't a crime.
No? These hippy-dippy moms never vaccinated their kids and lied about it.
son's class is infected.
You have any proof they lied? Hello? New York requires every kid in school to be immunized.
So how is this spreading? Those moms colluded to find ways around the vaccine mandate.
Colluding? You think they're part of some anti-vaxxer conspiracy? Okay, don't make me out to be paranoid.
There could be a measles epidemic in New York while you people are conducting a lipstick porn witch hunt.
Counselor, breathe.
We're not looking to put your son on the registry.
But he doesn't just get a free pass.
He's 16 years old.
These online sickos are using him.
How about he cooperates and you go after them? And he testifies.
If need be.
So unless you're planning to perp walk Larry, we're done here.
We'll be in touch.
She called our bluff.
And that measles misdirect.
Offense is the best defense.
Yeah, but she may not be blowing smoke.
Noah's in the hospital.
What does that have to do with Tribeca Academy? Well, I think he might've been infected by the younger sibling of one of the boys at the party.
Maybe these kids had a vaccination exemption.
I don't want to pull a Carisi, but we could be looking at reckless endangerment.
Find out if we are.
Seven students confirmed with measles, at least four others possible.
We've closed down for the rest of the week as a precaution.
Aren't the kids supposed to be vaccinated? Yes, they are.
I checked every health form.
We only have two medical exemptions, for allergies.
Both sophomores, both healthy.
What about religious exemptions or personal belief, like California? We don't allow personal belief exemptions.
And as for religious exemptions, New York State makes those very hard to get.
Well, even so, do you mind if we look through the forms? All these records are signed by an M.
D.
Of course they are.
No one starts the school year without that.
I got four of the infected kids.
Different ages, records dated and signed.
The paperwork looks right.
Five, six, seven I can't make out some of these signatures, but they're all of the same address.
Hudson Park Pediatrics.
All four of mine are also Hudson Park Pediatrics.
The network's pretty tight in a small school like this.
These families share the same tutors, piano teachers, doctors.
Oh, God.
Two more confirmed for measles.
Hmm.
Nine kids from the same pediatric practice.
The CDC knows? Good.
Now you gotta talk to that doctor.
I got Noah's latest blood work back.
His sed rate and white blood count are up, and I listened to his lungs.
He's fighting a respiratory infection.
- Do you think it's pneumonia? - I'm not sure.
I want to start him on an antibiotic right away.
He's been on them so many times.
At this point, I'd rather shoot first and ask questions later.
Your son really doesn't need his third bout with pneumonia in his first two years.
I know, I know.
Hold on, Dr.
Lee.
One more thing, um Do you know a Dr.
Eric Setrakian, Hudson Park Pediatrics? He's old-school.
Likes to Ferberize.
Doesn't over-medicate or over-test.
Parents love him.
_ Of course I've heard about the measles outbreak.
How is this a police matter? Well, nine of the kids at that school have been infected, and they were all vaccinated here.
Wow.
You guys are doing due diligence, huh? I'll check the records.
You do know that the MMR vaccine isn't 100% effective? Still, nine kids? We're talking about a period of over 10 years.
I can't tell you how many doctors have rotated through the practice in that time.
But you've always been here.
Let me look into this for you.
- Hmm.
- In the meantime, I have a full waiting room.
Thank you.
He's lying, stonewalling, or both.
If he did fake the immunization records, - the mothers have to know.
- Yeah.
Of course my daughter was vaccinated.
But as I'm sure you know, the vaccine - isn't completely effective.
- Well, you know, that's funny, 'cause Dr.
Setrakian said the same thing.
You spoke with our pediatrician? - What gives you the right? - A number of his patients, including Savannah, have become infected.
So we think he may have been deliberately falsifying records.
You know anything about that? I have to take care of my daughter.
Mom? What's going on? I picked up some soup and honeysuckle tea.
I'll be right there.
We were just having fun.
That loser Larry ruined it for everyone.
Go back to your room, Savannah.
Do you want to tell us what's going on? I think you should go now.
We can go.
We can also get our D.
A.
to take another look at your daughter for promoting child pornography.
You don't understand.
She was just a baby.
The chemicals, the threat of autism.
I tried a religious exemption, but it was denied.
So you asked Dr.
Setrakian to falsify your records.
It wasn't my idea.
Just tell us whose idea this was.
Thank you for seeing us, Ms.
Malko.
I brought our ADA Rafael Barba.
Is this about that party? I can assure you the parents association is dealing with the school.
We just have some questions.
So how is your son doing? He's out of the woods.
This has been stressful for Colleen.
I've always insisted that Gabriel be raised in ways that strengthen his natural immunity.
Is that why he was never vaccinated? We can subpoena a blood sample.
The risks of vaccination outweigh the benefits.
When Gabriel was born, I tried to get a medical or religious exemption, but I couldn't get either one.
So that's why you had Dr.
Setrakian lie on his records? He believes parents should have the right to decide what's best for their children.
Did you recommend him to other families looking to get around the law? The law is unjust.
As a mother protecting my child, I can't tell you how many mothers thank me for what I'm doing.
Doing? So you're still steering parents to Dr.
Setrakian? Okay, we're gonna need their names.
I won't betray them.
The AMA, the CDC, the Board of Health, the Department of Education they are the villains here.
- Go after them.
- After them? You're encouraging other parents.
You are endangering the health of every child in this city.
So this is personal? Because your son took ill, you and you are coming after me? No, this has nothing to do with Sergeant Benson's son.
You are openly flouting the law.
This is reckless endangerment, and we will stop you.
On the counts of reckless endangerment, conspiracy, and falsifying business records in the second degree, Trudy Malko, how do you plead? The only thing I'm pleading to is doing what's best for my son.
Not guilty, Your Honor.
We request R.
O.
R.
Ms.
Malko has no priors, and she has a sick child at home.
Yep.
He's sick due to Ms.
Malko's own decision not to vaccinate.
My client has no intention of fleeing.
- She wants to fight her case.
- And win.
Dr.
Setrakian and I are willing to risk our reputations, our livelihoods, to fight for our rights against government R.
O.
R.
is granted.
Mr.
Roth, does your client share the same view? Approach, Your Honor? Please.
My client would like to separate himself from Joan of Arc back there.
Dr.
Setrakian is nearing retirement and is willing to plea to reckless endangerment in the second if Mr.
Barba will take prison off the table.
So he can move his act to Florida? I'll accept if he gives us the names of all the patients whose records he falsified, forfeits his license, and agrees to testify against Ms.
Malko.
I'm sure that won't be a problem.
We're done.
Hey, Barba, you got a minute? - Barely, what's up? - Quick update.
Turns out the counselor's son's actually a pretty good CI.
He's got six pedophiles on the hook, all willing to exchange pornographic files.
- We're talking zip drives - Great, reel 'em in.
Let TARU track 'em down.
So after this, you're done with Larry? Unless I need him to testify at trial, - we're good.
- I'm relieved.
Did you ever follow up with Typhoid Trudy or the other anti-vaxxer moms? You know the school had to shut down to decontaminate? Turns out you're a good CI too.
Your friend, Trudy Malko, just got arraigned.
She'll get her day in court.
You're welcome! _ We heard testimony from Dr.
Eric Setrakian, as well as numerous parents that the defendant, Trudy Malko, conspired to falsify vaccination records.
Dr.
Rudnick, is measles still a dangerous illness? Very.
On top of having a higher infection rate than Ebola, the virus can lead to pneumonia, bronchitis, even encephalitis or death.
Prosecution Exhibit J, Your Honor.
A CDC transmission map of the current Manhattan outbreak.
Dr.
Rudnick, what does this first red dot indicate? That's Tribeca Academy, the school Patient Zero, the defendant's son, attends.
And how did the defendant's son become Patient Zero? The CDC determined he contracted measles on a recent trip to the under-vaccinated community of Pacific Palisades.
What do these dots represent? The residences of Tribeca Academy classmates who contracted measles from Patient Zero.
And these dots? The 48 confirmed cases of measles around the city.
Have you had any cases in individuals who were actually vaccinated? None.
All were unvaccinated.
Thank you so much, Doctor.
No further questions, Your Honor.
Dr.
Rudnick, do you happen to know the number of children who are killed by vaccines each year? No.
How many families are compensated by the U.
S.
Department of Health's own Vaccine Injury Compensation Fund? I don't know.
Can you even tell me any of the known side effects of the MMR vaccine? Side effects are mostly mild.
But the more serious ones include vasculitis, pancreatitis, diabetes mellitus.
Can you tell the jury the percentage of vaccinated children who experienced these side effects? Those side effects are statistically insignificant.
Some one in a million.
Tell that to the parents of a child who's actually experiencing them.
Nothing further.
Because of my son's respiratory issues, his pediatrician recommended that he be quarantined post-exposure.
How was he exposed? Through another patient in the waiting room.
The CDC has confirmed through epidemiological testing that Noah's exposure came from Patient Zero.
Objection.
The Sergeant is not a doctor or a medical researcher.
Sustained.
Jury will disregard.
Sergeant Benson, can you describe your son's - complications? - Yes.
He was having difficulty breathing.
He then had to be hospitalized.
He was then diagnosed with measles and has since developed pneumonia, and he is still in pediatric ICU.
Thank you.
Thank you for testifying today.
Sergeant, I'm sorry your son is sick.
Now, is it possible that his exposure is the reason you had your department pursue this case? Ms.
Malko led a coordinated effort to hide unimmunized students in a New York City school.
That rises to the level of child endangerment.
A conclusion you reached after your son fell ill.
Are you aware that many people believe giving vaccines to young children actually compromises their immune system? That's a completely unfounded theory.
Vaccines build immunity.
Your son I'm sorry, your foster son is 16 months, yes? Just shy of 16, yes.
So if you believe that vaccines build immunity, and your son is immuno-compromised, why didn't you vaccinate him as early as recommended? - At 12 months? - Because my pediatrician decided to delay his immunizations because of his compromised immune system.
We were at the doctor's office waiting to get his MMR when he was exposed.
You are blaming my client for your son's illness, but you are the one who chose to delay his MMR.
- My pediatrician - Did you think it was the best possible decision to wait? - Yes, I did.
- Just like Ms.
Malko thought it best not to vaccinate her son at all? No further questions.
I'm not panicking.
Okay, I'm on my way.
Thank you.
Sergeant Benson, I was hoping to find you.
Ms.
Malko, this really isn't a good time.
I know this is difficult for you, but your son will get through this.
He'll never get measles again, and he'll be stronger because his body did it all on its own.
You really don't want to get into this with me right now.
My son is suffering.
They're upping his antibiotics.
Overexposure to antibiotics may be why his immune system is so weak.
That's another thing you should think about.
You may want to think about shutting your mouth.
My son wouldn't have pneumonia if it weren't for you.
Liv Liv! Is everything all right? No.
His fever is spiking.
And if it doesn't come down, they might have to give him a spinal tap.
I'm sorry for anyone whose child is sick, including Sergeant Benson.
Many experts believe that western medicine, the overuse of antibiotics and vaccines actually impose unnecessary risks to the wellness of children.
Have you personally experienced the harmful effects vaccines can have? Yes.
My nephew, Braedon, is 18.
Around his first birthday, after he received the 23 doses of vaccinations recommended by his pediatrician, he regressed into autism.
And how do you know his autism was caused by vaccines? A few days after his first MMR vaccination, Braedon changed.
He had been such a bright, lively, engaged little boy.
And then, suddenly, he wasn't.
My sister and I saw the light disappearing from his eyes.
My own son was born a year later, and I swore I would do anything to protect him from what had happened to my nephew.
So everything you have done has been in the spirit of saving children, not endangering them? Yes.
Absolutely.
Vaccines are potentially harmful, and once they're administered, they can't be reversed.
All I'm advocating for is the right of every parent to weigh the risks and make that decision for their own child.
Thank you, Ms.
Malko.
Ms.
Malko, did you know that the Institute for Medicine, the CDC, and numerous other research groups have found no links between vaccines and autism? I don't trust the CDC or Big Pharma.
There's overwhelming evidence that thimerosal was a causal agent of autism That theory's been refuted, and thimerosal was removed from vaccines in 2001.
Are you aware of that? I am aware of every argument used to ostracize and vilify the so-called anti-vaxxers.
Again, I'm not anti-science.
I'm not against vaccines.
I just believe it should be a choice made by individual families, not imposed by bureaucrats.
Bureaucrats like the CDC and the Department of Education? - That's right.
- Okay.
New York City also mandates that students not be allowed to bring weapons such as knives or guns to school.
- Do you agree with that policy? - Yes.
What about, say, not sending children to school with so much as a single peanut to protect anyone with allergies.
Do you agree with that? - Of course.
- Okay.
So if a mother wanted to make her child a peanut butter sandwich for lunch, you would deny her that choice because it might endanger other children.
Yes.
But denying a child peanut butter for lunch causes no harm.
Vaccines are harmful.
Not according to medical science.
But, as we've seen, not vaccinating children causes serious medical harm, not just in your son's school.
All over the city.
At last count, 5,500 people have been exposed to this virus.
Who knows how many more will get sick? It's my child.
My right.
My decision.
But you didn't just make a decision for yourself, did you? You made a decision that endangered everyone else.
- Your Honor.
- What gives you the right - to take away their choice? - Objection.
- Mr.
Barba.
- Nothing further.
Hey, you heard anything about Noah? Yeah, they're holding off on the spinal tap for now.
- Well, that's good, right? - Yeah.
How's Liv? I can't even imagine.
You know, in the middle of all this, she had to remind me to make sure that Gil and Zara were vaccinated.
They were, right? Yeah.
Cynthia told me that she's worried about Gil's middle school.
They have family in San Diego.
She and Gil might move there.
Maybe it'll be good for 'em.
Well, not for me.
Look, I want to be part of his life.
I mean, I want to be a father to him.
Okay, but you do what you do with Zara.
You call.
You write.
You visit.
Right.
It's just I'm trying so hard to make everything work.
Does anything ever get easier? Not that I've heard.
Sorry to interrupt.
You're not interrupting.
Okay.
Jury's back.
_ On the charge of reckless endangerment in the first degree, how do you find? We find the defendant not guilty.
Order.
On the charge of one count reckless endangerment in the second, how do you find? We find the defendant guilty.
What? They should've hit her with the felony count.
She got three months in jail, nine months probation.
How's Noah doing? I think the worst is over.
We should be home in a day or two.

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