Law & Order (1990) s03e06 Episode Script
Helpless
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.
Well, I'm sorry for the wait.
Oh, it's okay.
Uh, did you bring the menstrual chart we gave you? It's right here.
And, uh, your last period, it ended Saturday.
Well, pretty sporadic, huh? Cramps still abnormal? Yeah, it's it's never been like this before.
Well, let's take a look, shall we? Will you lie down? Um, come a little closer, please.
Fine, fine, fine, fine, fine.
Okay.
Eternity? What? Your perfume.
Am I right? Uh-uh.
Uh-huh.
I've always loved Eternity.
Smells of clean sheets.
Relax, relax.
You're tensing.
How does that feel? Fine.
Just fine? What do you mean? It should feel good.
Well, it doesn't.
Ah, yes.
Please don't do that.
Yes, right there.
I said to stop it! We're gonna have to do an endometrial biopsy as soon as possible.
What? It's a diagnostic procedure.
At your age cancer can become a consideration.
Cancer? We can't rule it out.
You can schedule it with Miriam on your way out.
I know the difference between being examined and being molested.
Did you confront him with it? I mean, was he aware? He knew exactly what he was doing.
How do you know? Afterwards he tried to intimidate me by bringing up cancer.
We'd never talked about cancer before.
It was a threat.
What did he actually do? What do you mean? Well, he's a doctor.
Isn't he supposed to touch you? Um, isn't that his job? I've been seeing a gynecologist since I was 15.
It never made me feel dirty.
Did she run this by Sex Crimes? Yeah, I wish to hell she had gone to the One-Nine.
But the fact is she came to us.
You can't blame her.
Something like this happens, you go where you have credit.
Okay.
So, we spend what? Two, three weeks running this thing around the block.
Maybe we get some DA to prosecute, maybe he gets lucky and we convict him.
Best-case scenario, the guy gets six months.
Worst case, a $500 fine and a "Don't do it again.
" Any way you toss this, it's Sex Abuse Three.
It's a misdemeanor.
Yeah, but if you add up the misdemeanors.
That's a big assumption, Phil.
How many one-time sex offenders do we know? I mean, if he's gonna do this to Liz Oh, I doubt if he knew that she's our in-house shrink.
I say, we at least see if anyone else ever complained.
But by the book, fellows.
Just like any other victim.
Latest in get-rich-quick schemes: Sue your doctor.
You know how many complaints we get a year? You don't wanna know.
You're wrong.
We do.
Merritt, Alex J.
, MD.
What do you have? Complaints are confidential unless, of course, disciplinary action was taken.
Well? Well, that's hard to say, too.
Disciplinary files are routinely destroyed after five years.
Mr.
Hauser, we are not paid by the hour.
Was there any disciplinary action taken against Dr.
Merritt in the past five years? I've had teeth pulled easier.
Gentlemen, you've hit the mother lode.
You got something? No.
You do.
This guy's got more blue ribbons than Betty Crocker.
Member: Ethics Committee, State Medical Association.
Privileges at only the best hospitals in the city.
Hospitals? Plural? '90 to present, Mercy Hospital.
'88 to '90, Manattan General.
'83 to '87, St.
Luke's, etcetera, etcetera.
This guy can't sit still.
Big shot like that, hospitals fight over him.
He signs a contract for five years then he's a free agent.
He's off to the highest bidder.
Excuse me.
I hope to God these free agents do a better job than the ones out at Shea.
You bat 310, everybody's happy, you play out your contract.
You go down to 220, whoa, everybody's looking for a trade, right? This guy said Merritt signed five-year contracts.
So his last gig Manattan General.
He was there from '88 to '90.
Three years.
Could be our good doctor was in a major slump.
Alex Merritt is one of the best.
So why'd you let him go? We're aware that doctors of his caliber usually sign on for five years.
Dr.
Merritt left after three.
Was an administrative decision.
His or yours? Dr.
Merritt lives uptown.
We're downtown.
Maybe he, uh, was unappy about the commute.
What about his patients? Were they happy when he got here? Dr.
Merritt has a fine practice.
Whatever you're thinking, you're wrong.
I tell you what I'm thinking, Doc.
I think your esteemed colleague screwed up.
Now you cover his rectum and he covers yours.
We could subpoena your records, Dr.
Reitman.
Don't bother.
You want his file? Take it.
There's nothing in it.
At the academy we had the honor code.
If you knew somebody was cheating, you had to turn him in or it was your butt that got burned.
These guys put in an extra four years of school, everybody's looking the other way.
Everybody's nervous when they're lookir down the barrel of a lawsuit.
Doctors may not wanna talk.
I'm not so sure about patients.
Especially the unappy ones.
A Park Avenue medicine man like Merritt.
I figure he doesn't do his own billing.
Would the billing service put an asterisk next to the names that are molested? Let me ask you a question.
They overcook your macaroni in an Italian restaurant.
You ever go back there? Let's check the billing service.
I tell you, this guy's patient list reads like the Forbes 400.
At $150 a pop, the good doctor should be at the top of the list.
Here we go.
Donna Marx.
Regular visits every four months until last July.
Nothing since.
Maybe she got cured.
Of being a woman? Hold on.
Listen to this.
Diane Perkins.
Clockwork until last May.
Ever since the clock stopped.
When it rains Laura Todd.
Three times a year for three years.
Nothing since April.
Well, hey, I'm ready.
Let's go.
Okay.
First stop, Marx.
She's on 21st.
Around the corner is the best marinara west of Naples.
So what about Dr.
Merritt? What's he done now? Excuse me? Alex certainly likes to live life on the edge.
Every now and then you slip.
Just how far out on the edge, Miss Marx? Wouldrt go there without a parachute.
Last May.
Uh, did he do anything to you? We know the billing stopped in May.
Just because he stopped billing me doesn't mean he stopped treating me.
Oh, he worked pro bono, huh? Let's call it an even swap.
But that ended six, eight weeks ago.
If Dr.
Merritt did something to you, there's no point in protecting him.
I don't give a damn about Dr.
Merritt.
Look, we played doctor, all right? It was good while it lasted.
But eventually his yang got tired of my yin.
This started when you were his patient? Love in the stirrups.
Exciting for a while, but hell, now I'm seeing my plastic surgeon.
You only date doctors? Why not? Something breaks, they can fix it.
My daughter is heavily sedated.
I believe that talking to her now would have little value.
Did she ever talk to you about her gynecologist, Dr.
Merritt? Diane has been struggling for years with mental illness.
She talks about a lot of things.
At this point we don't know what's real and what's not.
We would really like to talk to her.
You understand she's recovering from a suicide attempt.
I promise we won't push your daughter, Mrs.
Gaines.
Diane? Is it hot outside? Diane, we'd like to ask you a few questions about Dr.
Merritt.
Yes, it's always hot in his office.
Diane, do you remember the last time you went to Dr.
Merritt's office? I wore a blue cotton sundress and no makeup.
He liked that.
He smiled a lot.
You bought me that dress, Mom.
It was my favorite.
Do you always change horses in midstream? No way he'd get near me or my baby.
Merritt molested you? Who the hell knows? I was in so much pain, he could have amputated my leg and I wouldn't have felt it.
You ever have root canal? It's not one of my fondest memories.
Well, imagine it without the gas and on places a whole lot more sensitive than your teeth.
He performed laser surgery without anesthesia.
But did you report this to anyone? The brass at Manattan General know me by name.
The State Medical Board tells me everything was by the book.
Simply the doctor's choice.
I read about guys like this.
But who'd think they'd have MDs next to their names.
Dr.
DeSade.
The guy's a sadist.
There's a reason complaints by the public are kept confidential.
It's called CYA.
If we disclosed every complaint by every crackpot, no one would feel comfortable visiting any doctor.
When you buy a car, it's caveat emptor.
But a doctor is Is human.
Which means sometimes he makes mistakes.
Are you saying Merritt made mistakes? I'm saying some patient's temperature stays at 98.
9 for two weeks, first stop is my committee where they file a 200-page complaint with affidavits from everyone from Aunt Susie to Rover's vet.
I can't be expected to take them all seriously.
What about surgery without anesthesia? Yes, Miss Todd complained about Dr.
Merritt's procedure.
Yes, we took it seriously.
But no, he did not do anything wrong.
I thought "bite the bullet" went out a long time ago.
A lot of people who die during surgery, die because of the anesthetic.
My committee reviewed Dr.
Merritt's actions.
We concluded that everything he did was in the best interests of this particular patient.
Oh, good.
So only the patient didn't agree.
You get the feeling we're chasing our tails here? The Medical Board may keep its complaints a secret.
But the State Supreme Court does not.
Maybe this guy was sued.
Liz.
Is she all right? She is a psychologist.
If anybody's trained to handle it, she is.
Nobody trains you to be a victim.
Merritt.
Two R's, two T's.
Alex J.
How far back should I go? What is he, about 50? How about 1973? Merritt vs.
Merritt.
Coincidence? A matrimonial.
The doctor's wife.
My generation, that was as good as it got.
I guess it wasrt that good.
Marriage.
Tried it once, didn't like it.
Maybe it's who you were married to, Mrs.
Merritt.
When we divorced Alex took the car, the furniture.
I threw in the name for free.
I'm back to being Celia Walsh.
So how long were you married, Miss Walsh? Well, we met his first week at medical school.
I was a junior.
The day after I graduated, we married.
The day he completed his residency, we divorced.
Six joyous years that took me Your husband abused you? It's odd what one endures under the heading of love.
I guess I should be happy.
I survived.
The second Mrs.
Merritt wasrt so lucky.
What the hell is this? That's Teresa Merritt.
The doctor's second wife.
They were only married two years.
ME called it a suicide.
She's only 23 years old.
Overdose.
What, you think Merritt drove her to it? Come on, Donny.
She was sending a message.
Yeah, she's into kink.
Or maybe not.
Found her in the doctor's office.
The hood: Uniform of choice in your finer S & M clubs.
Well, was the hubby in town when this happened? Nope.
In Vancouver, lecturing.
But this tells us something about him.
Obviously he's a sadist.
My guess: The wife didn't like it anymore.
Like it, not like it.
Where's the crime? A doctor who likes to hurt people Hey, wait wait.
Wait a minute.
Liz never said anything about getting hurt.
She said he touched her.
Period.
Whatever track you're on here, I think it's the wrong one.
Hey, we're barely out the door and already we got this.
Well, if you had any evidence that the guy was dangerous Maybe we do.
Hmm.
I knew the man was creative, but I never dreamed he was into this.
What's that, Miss Marx? Voyeurism.
Hope to God I'm not in any of his photo albums.
Dr.
Merritt didn't take these.
These are police photos of his dead wife.
She killed herself in his office.
Now I see why he wouldn't let me wear a hood.
You're into Don't knock it, sweetie, until you've tried it.
So why'd you leave him? Nothing turned Alex on like fear.
When I was scared of him, his rockets fired.
It was great until he said "boo," and I didn't jump.
So he dumped you? I may be kinky, but I'm not crazy.
Thanks, Sandy.
He's a lifetime member of the Marquis Club.
And I'm a member of the Elks.
Are you gonna arrest me for it? There's a big difference, Donny.
At your monthly meetings nobody ends up bruised.
It's a private club.
Consenting adults.
Nobody's breaking the law.
Not when one of the adults doesn't consent.
You show me one.
I'll arrest the guy myself.
Look, I think we can use some of this stuff as ammo in Liz's molestation case.
It shows intent.
And maybe I can squeeze an apple and get orange juice.
One has nothing to do with the other.
In a court of law it's called inadmissible.
The guy is dangerous.
If he hasn't crossed the line yet, he will.
And then we'll arrest him.
I'm sorry, fellows, without more the DA can't prosecute.
And it's not a good idea to tell Liz about Merritt's extracurricular activities.
Yeah.
Why should she know how lucky she is? We talked to everybody we could.
If there were others who were molested, they're not talking to us.
That's not unusual.
For most women, it's too devastating to even think about.
And if they won't come forward our hands are tied.
Well, I've come forward.
So what's next? Did you talk to Stone? The DA's office said that getting an indictment would be like climbing Mount Everest.
What the hell does that mean? This guy is not gonna stop.
As long it's just your word against his, they will not proceed.
Call the Imaging Center, schedule an ultrasound.
So, how are we today, Elizabeth? Uh, little nervous.
Oh, don't be.
It'll all be over in 30 minutes or less.
Uh, would you lie down, please? I'm gonna give you a local.
Miriam.
Lidocaine.
Oh.
Relax.
Chances are you won't feel a thing.
At most a little discomfort.
Okay.
That'll be all.
All right, we'll just give it a couple of seconds.
I I can't move.
Dr.
Marcus, please report to Recovery Unit Four.
Victim walked in about 40 minutes ago.
Vaginal pain.
Soreness.
Calm as Cayuga's waters, but that's no indication.
She was raped? There was penetration, ejaculation, no wounds, but lots of heavy bruising.
He left finger marks on her thighs.
When Forensics runs the samples, we'll know all about the party of the second part.
I already got a name.
Dr.
Alex Merritt.
Gonna make for some interesting dinner conversation.
My wife's an OB.
Merritt was the lead examiner for her comprehensives.
You guys excuse me? Why do I feel like taking a shower? Mike, we didn't tell her to go there.
I'm gonna call the lab.
See if we can get this thing put on the top of the list.
You okay? I've had better days.
Run the kit, Mike.
Lock the bastard up.
Yeah, well You know, I gotta ask you.
What were you thinking, going back after what he already did? That makes a difference? Of course it does.
Somebody had to stop him.
He drugged me.
I don't know.
I think it was diazepam, I don't know.
Doesrt that remove any question of consent? Doesrt that make it Rape One no matter how you cut it? You know what's coming.
You've been there.
He'll be on the stand claiming you asked for the drug, that it put you in the mood.
Well, he can claim whatever he wants.
Here.
People's Exhibit One.
She taped it? She's a Ph.
D.
She should've had more sense than to go back there.
She didn't figure on being shot up with a sedative and then getting raped.
Our problem is that the sedatives wear off.
Blood scan? Nothing.
Let's hope the good doctor's a talker.
Oh.
Oh, yes.
Ah, this is what you wanted.
Yeah.
You begged for it, bitch.
Be tough talking his way out of that.
Well, I think we may be the ones doing the fast-talking.
A crime committed against someone who works for the police department.
Knee jerk defense.
Entrapment.
Yeah, but she went in for a biopsy, for God's sake.
She wasrt there for an examination.
She took that tape recorder.
There's no law against an ordinary citizen gathering evidence.
She's not an ordinary citizen.
She works for us.
Only when we ask for her help.
Phil, tell me honestly, was Liz working on behalf of the Police Department? Absolutely not.
Arrest the son of a bitch.
How ironic.
Excuse us, gentlemen.
Uh, just a moment.
There's a meeting going on here.
Please stand up, sir.
What? Dr.
Alexander Merritt, you're under arrest for the rape of Elizabeth Olivet.
You have the right to remain silent.
Anything you say may be used against you in a court of law.
Tell Miriam to call my lawyer, will you? You took the words right out of my mouth.
The victim ID'd her assailant.
Samples match.
I'd say we're in pretty good shape.
And I'd say Judge Silver doesn't agree.
Why else would he grant my motion to close the courtroom to the press, hmm? Obviously he doesn't want to destroy an innocent man.
He hasn't heard evidence to the contrary.
What evidence? The woman asked me to And you drugged her.
Drugged her with what? He gave her a local.
That doesn't prevent her from screaming.
The victim said it was a sedative.
Oh, please.
You take the word of an hysterical woman against your own Forensics experts.
Come on, Ben.
They had a little fun in the afternoon.
It cannot be rape when both parties consent.
I saw the bruises.
I heard the tape.
I didn't hear consent.
Mmm-hmm.
And you didn't hear something else, either.
You didn't hear the word "No.
" The woman gets naked, she spreads her legs, and then she turns on a tape recorder? Didrt I read that in last month's Penthouse Forum? Danielle, she suspected something would happen.
Gee, Ben, now I know why you're living alone.
Fact: The only woman who would knowingly put herself in a position to get raped is a policewoman.
So please, go ahead, fellows, use the tape.
You will open a can and a hell of a lot more than worms are gonna crawl out.
I will give you a hint.
It begins with "E," it ends with "T.
" And I do not mean entertainment.
There were semen samples.
Her vaginal area was bruised.
And there were haematomas on her calves and thighs.
Would you identify these photographs, Dr.
Helman? Yeah.
They are the photos that our rape expert took of Dr.
Olivet shortly after she arrived at the hospital.
Offered as evidence, Your Honor.
Call them People's 10, 11, and 12.
Dr.
Helman, in your opinion, what happened to Dr.
Olivet? I've been doing this for six years.
In my opinion, that woman was raped.
Thank you.
In your six years of experience, Doctor, have you ever seen a patient with vaginal bruising who was not raped? Yes.
And did your rape experts scrape underneath the fingernails of the alleged victim? Yes.
And did they find samples of the defendant's skin? No.
Well, doesn't that typically indicate that the alleged victim did not resist? It might In other words, she might have consented.
Objection.
Withdrawn.
Now we'll give it a couple of seconds.
I I can't move.
Oh.
Oh, yes.
Ah, this is what you wanted.
Yeah.
You begged for it, bitch.
Would you describe what we just heard on the tape.
I was on the table in the examination room.
Dr.
Merritt's nurse, Miss Gregg, prepared a syringe and then left the room.
He gave me an injection.
Were you aware that drugs were gonna be part of this examination? He told me it was a local.
I've had minor surgery before and that wasrt a local.
It was some kind of sedative.
Objection, Your Honor.
Sustained.
How did it make you feel? I couldn't move.
Were you conscious? I saw everything he did.
And what did he do? His eyes glazed over.
I heard him unzip his pants.
I tried to scream, to push him away.
I couldn't.
He was on top of me, then inside me.
No further questions.
Miss Olivet.
Would you tell the court, please, exactly what you did after you left Dr.
Merritt's office? I called the police and went to the hospital.
You dialed 911? No.
I called Det.
Michael Logan.
But you were on 76th.
Wouldrt it have been easier to call the 19th Precinct? I have a personal relationship with Det.
Logan.
You have more than that, don't you, Miss Olivet? You work with him.
I've advised on Oh, come on, come on.
Every other Friday your paycheck says New York City Police Department.
Is that not true? Yes.
Would you tell us, please, who is Dr.
Barbara Lawrence? Miss Olivet? She's my doctor.
What kind of doctor? She's a gynecologist.
I see.
And she's been treating you for the last 12 years? Yes.
And when was the last time she examined you, please? Last September.
Yet you saw Dr.
Merritt once in August and two times in September.
Do you see two dentists, too, Miss Olivet? Objection.
Sustained.
How about Diane Perkins? You recognize that name? Relevance.
Your Honor, Diane Perkins is a patient of both Dr.
Olivet and Dr.
Merritt's.
The jury will disregard Miss Melnick's statement and I'll see counsel in chambers.
I don't see how it's relevant.
It is when you guys are out to play sting.
Your Honor, my client was entrapped.
Explain, Miss Melnick.
Six months ago, Miss Perkins underwent a routine pelvic.
Only, she freaked out.
She claimed that Dr.
Merritt molested her.
In other words, your client was predisposed to sex crimes.
This woman file charges? Of course not.
She thinks the guy on the 6:00 news is making eyes at her.
This woman has deep rooted psychological problems.
So it's no surprise that she's a regular at Dr.
Olivet's.
But the problem is, the therapist believed the patient's fantasy.
And now Dr.
Olivet is out to destroy a mars life.
I'm sorry, Ben, but the rantings of one disturbed woman may be cause for suspicion, but it in no way establishes predisposition.
You plan on putting Miss Perkins on the stand? She won't waive her doctor-patient privilege.
Then no one else will do it for her.
There'll be no further mention of Diane Perkins in my courtroom.
Count your blessings, Ben.
If this were admissible, we'd all be going home right now.
What the hell is going on? I was raped.
That's all you needed to know.
It would've helped to know the alleged victim was lying.
I never lied to you.
The only reason you went to Merritt is for Diane Perkins.
That has nothing to do with me being drugged and raped.
It had a lot to do with why you were raped.
You want to know why I went back? I sent Diane to Merritt.
My gynecologist wouldn't see her, and I bought into his reputation.
The awards, the articles.
I was responsible.
But you did it the wrong way.
If you suspected she was molested, you should have gone to the police.
With what? She refused to come forward.
I didn't know whether to believe her.
She's been delusional and she certainly couldn't have testified against the esteemed doctor.
She tried to kill herself, Ben.
You of all people should know the importance of full disclosure.
You had a legal obligation.
I had an obligation to my patient.
And in my profession, that's all that counts.
It happens.
Especially with someone like Dr.
Merritt.
I mean, women just fall for their gynecologists.
Was Miss Olivet one of these women? I guess so.
Miss Gregg, describe for us exactly how Miss Olivet acted toward Dr.
Merritt.
She got very personal.
And isn't getting personal part of the examination? No.
It was different.
The way she talked.
She was definitely interested in more than an examination from Dr.
Merritt.
Objection.
Sustained.
No more questions.
Miss Gregg, how long have you worked for Dr.
Merritt? Almost three years.
And what is your annual salary? $40,000.
Are you a registered nurse? No.
And if Dr.
Merritt were convicted would you be making that much money with any other doctor? Objection.
Withdrawn.
Of course you didn't hear the flirtations on the tape that occurred in my office, prior to the examination.
Was this the first time she was friendly? Miss Olivet's dialogue was suggestive from the moment we met.
As a matter of fact, she called me earlier in the day and it wasrt about her scheduled appointment.
I shouldn't have made love to her.
I realize that.
I regret it.
But there's no way in hell that I raped her.
Thank you, Doctor.
Doctor, your nurse, Miss Gregg, testified that many of your patients become suggestive with you, is that true? Yes.
Was Dr.
Olivet the only one you ever had sex with? Objection.
Relevance.
Offered to show defendant's predisposition, Your Honor.
The defendant is predisposed to have sex.
He is a human being.
The issue here is whether he had non-consensual sex.
Sustained.
Then tell me about your second wife, Doctor.
Specifically, why she killed herself wearing a leather hood.
Objection.
Relevance.
Your Honor, the defendant tends towards aberrant sexual practices.
And this is offered to show his predisposition to criminal sexual behavior.
Approach.
Whatever my client may have done with consenting adults is not criminal sexual behavior.
The mars hobbies are not relevant.
Try it again, and you're looking at a mistrial.
The objection is sustained.
The jury will disregard the preceding question.
Dr.
Olivet testified that after the injection she was left immobile, nearly unconscious.
Is that a typical reaction to an anesthetic, Doctor? Some people have allergic reactions.
I gave her a local.
A small dosage of lidocaine.
It was for her own benefit.
Do you usually anaesthetize your partners before sex, Doctor? Objection.
Withdrawn.
Do you call all your women bitches, Doctor? Your Honor! Enough, Mr.
Stone.
Madam Forewoman, have you reached a verdict? We have, Your Honor.
On the sole count of the indictment, Rape in the First Degree, how do you find? We find the defendant guilty.
Is this unanimous? It is, Your Honor.
It is your job to listen to all of the evidence, not pick and choose at your whim.
The evidence clearly established that but for the actions of the police, Dr.
Merritt would never have formed the requisite criminal intent.
And the State utterly failed to demonstrate that the defendant was predisposed to criminal behavior.
Your Honor When a respected doctor without any prior tendency towards criminal behavior is induced, and very possibly seduced, into committing a crime, it's an outrage.
I, for one, will not ruin a mars life because the police overstepped their bounds and a jury is too blinded by graphic photos and emotional testimony to see it.
As such, I'm entering a trial order of dismissal.
He could just disregard the jury's verdict? If he feels the jury disregarded the facts presented, yes, he can.
Yup.
We should've seen it coming.
Hon.
Keith Silver wrote the book On the Rights of the Accused.
He thinks Miranda five pages too short.
So Merritt just walks away scot-free? Oh, there's got to be others.
What about that Perkins woman? I can't imagine what a trial would do to her.
She's still unable to tell me exactly what happened.
What do we know about that nurse? I know she lied for him on the stand.
Job's that good, it's won'th jail time? You think he's got something on her? I thought you can't retry him.
Not for what he did to you, but we do know the doctor has a history.
Check out Nurse Gregg.
Miriam Gregg.
It's no wonder she's attracted to the medical profession.
Two drug convictions, using and selling, mostly prescription, mostly Percodan.
I'm sure Dr.
Merritt has an unlimited supply of that.
So he bought her help and protection.
She prepared the syringe.
She knows it was a sedative not an anesthetic.
Unfortunately, the drug scan can't confirm anything.
Well, maybe Nurse Gregg is not up-to-date on the latest in forensic science.
You're accusing me of rape? Gee, sorry, fellows, but I like my sex the old-fashioned way.
No, I'm sorry, Miss Gregg.
You prepared the syringe and it wasrt an anesthetic.
Makes you an accomplice.
You can't prove anything.
Science is a wonderful thing, Miss Gregg.
FBI tells us that the new gas chromatography tests can prove that it was a sedative in the syringe.
The good news is that your Percodan supply's dried up.
Better news is that we have enough evidence to prosecute you for Rape One.
You mean he gets his jollies, and I have to go to jail? For at least 25 years.
We're not talking about only one count.
But, wait a minute.
That Perkins woman, he did that on his own.
If I was raped why don't I remember? You know, I think I'd remember being raped.
I wanted to shut it out, too.
Just act like it was a bad dream.
It won't go away, Diane.
I think it was someone else.
I don't think it happened to me.
I know.
I felt like it was someone else, too.
Like I didn't exist.
I I had these terrible cramps.
What kind of cramps? I don't know.
He was sweating, and all I could think of was: It's not hot in here.
Why is he sweating? My feet were in the stirrups.
L I tried to get away but I I couldn't.
He just left me there with my legs up.
He didn't say anything.
He just snapped off his gloves.
He threw them away, and he walked out.
He left me there like I was a piece of garbage.
It wasrt your fault, Diane.
She remembers, but putting her on the stand would be disastrous for her.
With the nurse to corroborate, all she has to do is say it happened.
Merritt's lawyer will destroy her.
She thinks she's responsible.
She thinks she seduced him.
That's ridiculous.
It's typical.
Without her testimony, Liz, we can't prosecute.
After he raped me, he just smiled and left the room.
After the acquittal he had that same damn smile.
It was like he was bragging to everyone in the room.
"I did it and I got away with it and there's nothing anyone can do.
" You mean, bragging is part of this? It's what makes his conquest complete.
Call Cerreta and Logan, and have Dr.
Merritt arrested.
Ben, I told you Diane won't have to testify.
And make sure that the local news knows when Merritt will be arraigned.
Do you think you'll be successful this time? I don't go forward unless I think I have a case.
Yeah, but is it a good case? What's the problem? Dr.
Merritt's guilty.
Why has it been so difficult to successfully prosecute him? It's the same with most rape cases.
Even more so when doctors are involved.
The victims feel disgraced.
They feel guilty and they're ashamed to come forward.
There's Dr.
Merritt.
Excuse me.
Doctor, will you be exonerated of all charges? Could we get a statement please? I assure you, I've done nothing wrong.
I treat women, I don't rape them.
Women respect me.
It's been my success.
Look, this is a vendetta by the DA's office, pure and simple.
This case will never get to trial.
Arrogant SOB.
He can afford it.
He's one for one.
You telling the world that we don't have a case only feeds his ego.
We're working on it, Adam.
We'll have a case.
I hope to hell we do.
Or we'll all be dancing in front of the disciplinary committee.
I hope this works.
A lot of people watch the 6:00 news, Paul.
You pursue this, Ben, I'm going to the appellate division.
Retaliatory prosecution.
If you are lucky, my dear, you will just get disbarred.
You do what you have to do.
You've been humiliated in court once, and that was with a Ph.
D.
On the stand.
Can you imagine what happens with a psychopath and a drug addict? Please, Ben, drop the charges against Dr.
Merritt.
Consider saving your own career.
When I was a boy I collected baseball cards.
And there was this one kid who convinced me to trade a Duke Snider for a Gene Hermanski.
He said it was a good deal.
What the hell does that mean? I learned the hard way.
For a deal to be good, there has to be equal consideration.
And there's no way you can cough up enough consideration to justify a deal for him.
Why? Fifty-four women you either raped, molested, or abused.
In the future, sir, stay off the evening news.
Okay, Ben, what do you want? In a perfect world, I'd like to see your client locked in a room for a week with these women.
But I'll settle for seeing him spend the rest of his life in jail.
I'm faking it.
Faking what? I was halfway through a session this morning with this woman when I realized I hadrt been listening.
I hadrt heard what she said.
It happens.
Doesrt happen to me.
It'll pass.
Will it?
These are their stories.
Well, I'm sorry for the wait.
Oh, it's okay.
Uh, did you bring the menstrual chart we gave you? It's right here.
And, uh, your last period, it ended Saturday.
Well, pretty sporadic, huh? Cramps still abnormal? Yeah, it's it's never been like this before.
Well, let's take a look, shall we? Will you lie down? Um, come a little closer, please.
Fine, fine, fine, fine, fine.
Okay.
Eternity? What? Your perfume.
Am I right? Uh-uh.
Uh-huh.
I've always loved Eternity.
Smells of clean sheets.
Relax, relax.
You're tensing.
How does that feel? Fine.
Just fine? What do you mean? It should feel good.
Well, it doesn't.
Ah, yes.
Please don't do that.
Yes, right there.
I said to stop it! We're gonna have to do an endometrial biopsy as soon as possible.
What? It's a diagnostic procedure.
At your age cancer can become a consideration.
Cancer? We can't rule it out.
You can schedule it with Miriam on your way out.
I know the difference between being examined and being molested.
Did you confront him with it? I mean, was he aware? He knew exactly what he was doing.
How do you know? Afterwards he tried to intimidate me by bringing up cancer.
We'd never talked about cancer before.
It was a threat.
What did he actually do? What do you mean? Well, he's a doctor.
Isn't he supposed to touch you? Um, isn't that his job? I've been seeing a gynecologist since I was 15.
It never made me feel dirty.
Did she run this by Sex Crimes? Yeah, I wish to hell she had gone to the One-Nine.
But the fact is she came to us.
You can't blame her.
Something like this happens, you go where you have credit.
Okay.
So, we spend what? Two, three weeks running this thing around the block.
Maybe we get some DA to prosecute, maybe he gets lucky and we convict him.
Best-case scenario, the guy gets six months.
Worst case, a $500 fine and a "Don't do it again.
" Any way you toss this, it's Sex Abuse Three.
It's a misdemeanor.
Yeah, but if you add up the misdemeanors.
That's a big assumption, Phil.
How many one-time sex offenders do we know? I mean, if he's gonna do this to Liz Oh, I doubt if he knew that she's our in-house shrink.
I say, we at least see if anyone else ever complained.
But by the book, fellows.
Just like any other victim.
Latest in get-rich-quick schemes: Sue your doctor.
You know how many complaints we get a year? You don't wanna know.
You're wrong.
We do.
Merritt, Alex J.
, MD.
What do you have? Complaints are confidential unless, of course, disciplinary action was taken.
Well? Well, that's hard to say, too.
Disciplinary files are routinely destroyed after five years.
Mr.
Hauser, we are not paid by the hour.
Was there any disciplinary action taken against Dr.
Merritt in the past five years? I've had teeth pulled easier.
Gentlemen, you've hit the mother lode.
You got something? No.
You do.
This guy's got more blue ribbons than Betty Crocker.
Member: Ethics Committee, State Medical Association.
Privileges at only the best hospitals in the city.
Hospitals? Plural? '90 to present, Mercy Hospital.
'88 to '90, Manattan General.
'83 to '87, St.
Luke's, etcetera, etcetera.
This guy can't sit still.
Big shot like that, hospitals fight over him.
He signs a contract for five years then he's a free agent.
He's off to the highest bidder.
Excuse me.
I hope to God these free agents do a better job than the ones out at Shea.
You bat 310, everybody's happy, you play out your contract.
You go down to 220, whoa, everybody's looking for a trade, right? This guy said Merritt signed five-year contracts.
So his last gig Manattan General.
He was there from '88 to '90.
Three years.
Could be our good doctor was in a major slump.
Alex Merritt is one of the best.
So why'd you let him go? We're aware that doctors of his caliber usually sign on for five years.
Dr.
Merritt left after three.
Was an administrative decision.
His or yours? Dr.
Merritt lives uptown.
We're downtown.
Maybe he, uh, was unappy about the commute.
What about his patients? Were they happy when he got here? Dr.
Merritt has a fine practice.
Whatever you're thinking, you're wrong.
I tell you what I'm thinking, Doc.
I think your esteemed colleague screwed up.
Now you cover his rectum and he covers yours.
We could subpoena your records, Dr.
Reitman.
Don't bother.
You want his file? Take it.
There's nothing in it.
At the academy we had the honor code.
If you knew somebody was cheating, you had to turn him in or it was your butt that got burned.
These guys put in an extra four years of school, everybody's looking the other way.
Everybody's nervous when they're lookir down the barrel of a lawsuit.
Doctors may not wanna talk.
I'm not so sure about patients.
Especially the unappy ones.
A Park Avenue medicine man like Merritt.
I figure he doesn't do his own billing.
Would the billing service put an asterisk next to the names that are molested? Let me ask you a question.
They overcook your macaroni in an Italian restaurant.
You ever go back there? Let's check the billing service.
I tell you, this guy's patient list reads like the Forbes 400.
At $150 a pop, the good doctor should be at the top of the list.
Here we go.
Donna Marx.
Regular visits every four months until last July.
Nothing since.
Maybe she got cured.
Of being a woman? Hold on.
Listen to this.
Diane Perkins.
Clockwork until last May.
Ever since the clock stopped.
When it rains Laura Todd.
Three times a year for three years.
Nothing since April.
Well, hey, I'm ready.
Let's go.
Okay.
First stop, Marx.
She's on 21st.
Around the corner is the best marinara west of Naples.
So what about Dr.
Merritt? What's he done now? Excuse me? Alex certainly likes to live life on the edge.
Every now and then you slip.
Just how far out on the edge, Miss Marx? Wouldrt go there without a parachute.
Last May.
Uh, did he do anything to you? We know the billing stopped in May.
Just because he stopped billing me doesn't mean he stopped treating me.
Oh, he worked pro bono, huh? Let's call it an even swap.
But that ended six, eight weeks ago.
If Dr.
Merritt did something to you, there's no point in protecting him.
I don't give a damn about Dr.
Merritt.
Look, we played doctor, all right? It was good while it lasted.
But eventually his yang got tired of my yin.
This started when you were his patient? Love in the stirrups.
Exciting for a while, but hell, now I'm seeing my plastic surgeon.
You only date doctors? Why not? Something breaks, they can fix it.
My daughter is heavily sedated.
I believe that talking to her now would have little value.
Did she ever talk to you about her gynecologist, Dr.
Merritt? Diane has been struggling for years with mental illness.
She talks about a lot of things.
At this point we don't know what's real and what's not.
We would really like to talk to her.
You understand she's recovering from a suicide attempt.
I promise we won't push your daughter, Mrs.
Gaines.
Diane? Is it hot outside? Diane, we'd like to ask you a few questions about Dr.
Merritt.
Yes, it's always hot in his office.
Diane, do you remember the last time you went to Dr.
Merritt's office? I wore a blue cotton sundress and no makeup.
He liked that.
He smiled a lot.
You bought me that dress, Mom.
It was my favorite.
Do you always change horses in midstream? No way he'd get near me or my baby.
Merritt molested you? Who the hell knows? I was in so much pain, he could have amputated my leg and I wouldn't have felt it.
You ever have root canal? It's not one of my fondest memories.
Well, imagine it without the gas and on places a whole lot more sensitive than your teeth.
He performed laser surgery without anesthesia.
But did you report this to anyone? The brass at Manattan General know me by name.
The State Medical Board tells me everything was by the book.
Simply the doctor's choice.
I read about guys like this.
But who'd think they'd have MDs next to their names.
Dr.
DeSade.
The guy's a sadist.
There's a reason complaints by the public are kept confidential.
It's called CYA.
If we disclosed every complaint by every crackpot, no one would feel comfortable visiting any doctor.
When you buy a car, it's caveat emptor.
But a doctor is Is human.
Which means sometimes he makes mistakes.
Are you saying Merritt made mistakes? I'm saying some patient's temperature stays at 98.
9 for two weeks, first stop is my committee where they file a 200-page complaint with affidavits from everyone from Aunt Susie to Rover's vet.
I can't be expected to take them all seriously.
What about surgery without anesthesia? Yes, Miss Todd complained about Dr.
Merritt's procedure.
Yes, we took it seriously.
But no, he did not do anything wrong.
I thought "bite the bullet" went out a long time ago.
A lot of people who die during surgery, die because of the anesthetic.
My committee reviewed Dr.
Merritt's actions.
We concluded that everything he did was in the best interests of this particular patient.
Oh, good.
So only the patient didn't agree.
You get the feeling we're chasing our tails here? The Medical Board may keep its complaints a secret.
But the State Supreme Court does not.
Maybe this guy was sued.
Liz.
Is she all right? She is a psychologist.
If anybody's trained to handle it, she is.
Nobody trains you to be a victim.
Merritt.
Two R's, two T's.
Alex J.
How far back should I go? What is he, about 50? How about 1973? Merritt vs.
Merritt.
Coincidence? A matrimonial.
The doctor's wife.
My generation, that was as good as it got.
I guess it wasrt that good.
Marriage.
Tried it once, didn't like it.
Maybe it's who you were married to, Mrs.
Merritt.
When we divorced Alex took the car, the furniture.
I threw in the name for free.
I'm back to being Celia Walsh.
So how long were you married, Miss Walsh? Well, we met his first week at medical school.
I was a junior.
The day after I graduated, we married.
The day he completed his residency, we divorced.
Six joyous years that took me Your husband abused you? It's odd what one endures under the heading of love.
I guess I should be happy.
I survived.
The second Mrs.
Merritt wasrt so lucky.
What the hell is this? That's Teresa Merritt.
The doctor's second wife.
They were only married two years.
ME called it a suicide.
She's only 23 years old.
Overdose.
What, you think Merritt drove her to it? Come on, Donny.
She was sending a message.
Yeah, she's into kink.
Or maybe not.
Found her in the doctor's office.
The hood: Uniform of choice in your finer S & M clubs.
Well, was the hubby in town when this happened? Nope.
In Vancouver, lecturing.
But this tells us something about him.
Obviously he's a sadist.
My guess: The wife didn't like it anymore.
Like it, not like it.
Where's the crime? A doctor who likes to hurt people Hey, wait wait.
Wait a minute.
Liz never said anything about getting hurt.
She said he touched her.
Period.
Whatever track you're on here, I think it's the wrong one.
Hey, we're barely out the door and already we got this.
Well, if you had any evidence that the guy was dangerous Maybe we do.
Hmm.
I knew the man was creative, but I never dreamed he was into this.
What's that, Miss Marx? Voyeurism.
Hope to God I'm not in any of his photo albums.
Dr.
Merritt didn't take these.
These are police photos of his dead wife.
She killed herself in his office.
Now I see why he wouldn't let me wear a hood.
You're into Don't knock it, sweetie, until you've tried it.
So why'd you leave him? Nothing turned Alex on like fear.
When I was scared of him, his rockets fired.
It was great until he said "boo," and I didn't jump.
So he dumped you? I may be kinky, but I'm not crazy.
Thanks, Sandy.
He's a lifetime member of the Marquis Club.
And I'm a member of the Elks.
Are you gonna arrest me for it? There's a big difference, Donny.
At your monthly meetings nobody ends up bruised.
It's a private club.
Consenting adults.
Nobody's breaking the law.
Not when one of the adults doesn't consent.
You show me one.
I'll arrest the guy myself.
Look, I think we can use some of this stuff as ammo in Liz's molestation case.
It shows intent.
And maybe I can squeeze an apple and get orange juice.
One has nothing to do with the other.
In a court of law it's called inadmissible.
The guy is dangerous.
If he hasn't crossed the line yet, he will.
And then we'll arrest him.
I'm sorry, fellows, without more the DA can't prosecute.
And it's not a good idea to tell Liz about Merritt's extracurricular activities.
Yeah.
Why should she know how lucky she is? We talked to everybody we could.
If there were others who were molested, they're not talking to us.
That's not unusual.
For most women, it's too devastating to even think about.
And if they won't come forward our hands are tied.
Well, I've come forward.
So what's next? Did you talk to Stone? The DA's office said that getting an indictment would be like climbing Mount Everest.
What the hell does that mean? This guy is not gonna stop.
As long it's just your word against his, they will not proceed.
Call the Imaging Center, schedule an ultrasound.
So, how are we today, Elizabeth? Uh, little nervous.
Oh, don't be.
It'll all be over in 30 minutes or less.
Uh, would you lie down, please? I'm gonna give you a local.
Miriam.
Lidocaine.
Oh.
Relax.
Chances are you won't feel a thing.
At most a little discomfort.
Okay.
That'll be all.
All right, we'll just give it a couple of seconds.
I I can't move.
Dr.
Marcus, please report to Recovery Unit Four.
Victim walked in about 40 minutes ago.
Vaginal pain.
Soreness.
Calm as Cayuga's waters, but that's no indication.
She was raped? There was penetration, ejaculation, no wounds, but lots of heavy bruising.
He left finger marks on her thighs.
When Forensics runs the samples, we'll know all about the party of the second part.
I already got a name.
Dr.
Alex Merritt.
Gonna make for some interesting dinner conversation.
My wife's an OB.
Merritt was the lead examiner for her comprehensives.
You guys excuse me? Why do I feel like taking a shower? Mike, we didn't tell her to go there.
I'm gonna call the lab.
See if we can get this thing put on the top of the list.
You okay? I've had better days.
Run the kit, Mike.
Lock the bastard up.
Yeah, well You know, I gotta ask you.
What were you thinking, going back after what he already did? That makes a difference? Of course it does.
Somebody had to stop him.
He drugged me.
I don't know.
I think it was diazepam, I don't know.
Doesrt that remove any question of consent? Doesrt that make it Rape One no matter how you cut it? You know what's coming.
You've been there.
He'll be on the stand claiming you asked for the drug, that it put you in the mood.
Well, he can claim whatever he wants.
Here.
People's Exhibit One.
She taped it? She's a Ph.
D.
She should've had more sense than to go back there.
She didn't figure on being shot up with a sedative and then getting raped.
Our problem is that the sedatives wear off.
Blood scan? Nothing.
Let's hope the good doctor's a talker.
Oh.
Oh, yes.
Ah, this is what you wanted.
Yeah.
You begged for it, bitch.
Be tough talking his way out of that.
Well, I think we may be the ones doing the fast-talking.
A crime committed against someone who works for the police department.
Knee jerk defense.
Entrapment.
Yeah, but she went in for a biopsy, for God's sake.
She wasrt there for an examination.
She took that tape recorder.
There's no law against an ordinary citizen gathering evidence.
She's not an ordinary citizen.
She works for us.
Only when we ask for her help.
Phil, tell me honestly, was Liz working on behalf of the Police Department? Absolutely not.
Arrest the son of a bitch.
How ironic.
Excuse us, gentlemen.
Uh, just a moment.
There's a meeting going on here.
Please stand up, sir.
What? Dr.
Alexander Merritt, you're under arrest for the rape of Elizabeth Olivet.
You have the right to remain silent.
Anything you say may be used against you in a court of law.
Tell Miriam to call my lawyer, will you? You took the words right out of my mouth.
The victim ID'd her assailant.
Samples match.
I'd say we're in pretty good shape.
And I'd say Judge Silver doesn't agree.
Why else would he grant my motion to close the courtroom to the press, hmm? Obviously he doesn't want to destroy an innocent man.
He hasn't heard evidence to the contrary.
What evidence? The woman asked me to And you drugged her.
Drugged her with what? He gave her a local.
That doesn't prevent her from screaming.
The victim said it was a sedative.
Oh, please.
You take the word of an hysterical woman against your own Forensics experts.
Come on, Ben.
They had a little fun in the afternoon.
It cannot be rape when both parties consent.
I saw the bruises.
I heard the tape.
I didn't hear consent.
Mmm-hmm.
And you didn't hear something else, either.
You didn't hear the word "No.
" The woman gets naked, she spreads her legs, and then she turns on a tape recorder? Didrt I read that in last month's Penthouse Forum? Danielle, she suspected something would happen.
Gee, Ben, now I know why you're living alone.
Fact: The only woman who would knowingly put herself in a position to get raped is a policewoman.
So please, go ahead, fellows, use the tape.
You will open a can and a hell of a lot more than worms are gonna crawl out.
I will give you a hint.
It begins with "E," it ends with "T.
" And I do not mean entertainment.
There were semen samples.
Her vaginal area was bruised.
And there were haematomas on her calves and thighs.
Would you identify these photographs, Dr.
Helman? Yeah.
They are the photos that our rape expert took of Dr.
Olivet shortly after she arrived at the hospital.
Offered as evidence, Your Honor.
Call them People's 10, 11, and 12.
Dr.
Helman, in your opinion, what happened to Dr.
Olivet? I've been doing this for six years.
In my opinion, that woman was raped.
Thank you.
In your six years of experience, Doctor, have you ever seen a patient with vaginal bruising who was not raped? Yes.
And did your rape experts scrape underneath the fingernails of the alleged victim? Yes.
And did they find samples of the defendant's skin? No.
Well, doesn't that typically indicate that the alleged victim did not resist? It might In other words, she might have consented.
Objection.
Withdrawn.
Now we'll give it a couple of seconds.
I I can't move.
Oh.
Oh, yes.
Ah, this is what you wanted.
Yeah.
You begged for it, bitch.
Would you describe what we just heard on the tape.
I was on the table in the examination room.
Dr.
Merritt's nurse, Miss Gregg, prepared a syringe and then left the room.
He gave me an injection.
Were you aware that drugs were gonna be part of this examination? He told me it was a local.
I've had minor surgery before and that wasrt a local.
It was some kind of sedative.
Objection, Your Honor.
Sustained.
How did it make you feel? I couldn't move.
Were you conscious? I saw everything he did.
And what did he do? His eyes glazed over.
I heard him unzip his pants.
I tried to scream, to push him away.
I couldn't.
He was on top of me, then inside me.
No further questions.
Miss Olivet.
Would you tell the court, please, exactly what you did after you left Dr.
Merritt's office? I called the police and went to the hospital.
You dialed 911? No.
I called Det.
Michael Logan.
But you were on 76th.
Wouldrt it have been easier to call the 19th Precinct? I have a personal relationship with Det.
Logan.
You have more than that, don't you, Miss Olivet? You work with him.
I've advised on Oh, come on, come on.
Every other Friday your paycheck says New York City Police Department.
Is that not true? Yes.
Would you tell us, please, who is Dr.
Barbara Lawrence? Miss Olivet? She's my doctor.
What kind of doctor? She's a gynecologist.
I see.
And she's been treating you for the last 12 years? Yes.
And when was the last time she examined you, please? Last September.
Yet you saw Dr.
Merritt once in August and two times in September.
Do you see two dentists, too, Miss Olivet? Objection.
Sustained.
How about Diane Perkins? You recognize that name? Relevance.
Your Honor, Diane Perkins is a patient of both Dr.
Olivet and Dr.
Merritt's.
The jury will disregard Miss Melnick's statement and I'll see counsel in chambers.
I don't see how it's relevant.
It is when you guys are out to play sting.
Your Honor, my client was entrapped.
Explain, Miss Melnick.
Six months ago, Miss Perkins underwent a routine pelvic.
Only, she freaked out.
She claimed that Dr.
Merritt molested her.
In other words, your client was predisposed to sex crimes.
This woman file charges? Of course not.
She thinks the guy on the 6:00 news is making eyes at her.
This woman has deep rooted psychological problems.
So it's no surprise that she's a regular at Dr.
Olivet's.
But the problem is, the therapist believed the patient's fantasy.
And now Dr.
Olivet is out to destroy a mars life.
I'm sorry, Ben, but the rantings of one disturbed woman may be cause for suspicion, but it in no way establishes predisposition.
You plan on putting Miss Perkins on the stand? She won't waive her doctor-patient privilege.
Then no one else will do it for her.
There'll be no further mention of Diane Perkins in my courtroom.
Count your blessings, Ben.
If this were admissible, we'd all be going home right now.
What the hell is going on? I was raped.
That's all you needed to know.
It would've helped to know the alleged victim was lying.
I never lied to you.
The only reason you went to Merritt is for Diane Perkins.
That has nothing to do with me being drugged and raped.
It had a lot to do with why you were raped.
You want to know why I went back? I sent Diane to Merritt.
My gynecologist wouldn't see her, and I bought into his reputation.
The awards, the articles.
I was responsible.
But you did it the wrong way.
If you suspected she was molested, you should have gone to the police.
With what? She refused to come forward.
I didn't know whether to believe her.
She's been delusional and she certainly couldn't have testified against the esteemed doctor.
She tried to kill herself, Ben.
You of all people should know the importance of full disclosure.
You had a legal obligation.
I had an obligation to my patient.
And in my profession, that's all that counts.
It happens.
Especially with someone like Dr.
Merritt.
I mean, women just fall for their gynecologists.
Was Miss Olivet one of these women? I guess so.
Miss Gregg, describe for us exactly how Miss Olivet acted toward Dr.
Merritt.
She got very personal.
And isn't getting personal part of the examination? No.
It was different.
The way she talked.
She was definitely interested in more than an examination from Dr.
Merritt.
Objection.
Sustained.
No more questions.
Miss Gregg, how long have you worked for Dr.
Merritt? Almost three years.
And what is your annual salary? $40,000.
Are you a registered nurse? No.
And if Dr.
Merritt were convicted would you be making that much money with any other doctor? Objection.
Withdrawn.
Of course you didn't hear the flirtations on the tape that occurred in my office, prior to the examination.
Was this the first time she was friendly? Miss Olivet's dialogue was suggestive from the moment we met.
As a matter of fact, she called me earlier in the day and it wasrt about her scheduled appointment.
I shouldn't have made love to her.
I realize that.
I regret it.
But there's no way in hell that I raped her.
Thank you, Doctor.
Doctor, your nurse, Miss Gregg, testified that many of your patients become suggestive with you, is that true? Yes.
Was Dr.
Olivet the only one you ever had sex with? Objection.
Relevance.
Offered to show defendant's predisposition, Your Honor.
The defendant is predisposed to have sex.
He is a human being.
The issue here is whether he had non-consensual sex.
Sustained.
Then tell me about your second wife, Doctor.
Specifically, why she killed herself wearing a leather hood.
Objection.
Relevance.
Your Honor, the defendant tends towards aberrant sexual practices.
And this is offered to show his predisposition to criminal sexual behavior.
Approach.
Whatever my client may have done with consenting adults is not criminal sexual behavior.
The mars hobbies are not relevant.
Try it again, and you're looking at a mistrial.
The objection is sustained.
The jury will disregard the preceding question.
Dr.
Olivet testified that after the injection she was left immobile, nearly unconscious.
Is that a typical reaction to an anesthetic, Doctor? Some people have allergic reactions.
I gave her a local.
A small dosage of lidocaine.
It was for her own benefit.
Do you usually anaesthetize your partners before sex, Doctor? Objection.
Withdrawn.
Do you call all your women bitches, Doctor? Your Honor! Enough, Mr.
Stone.
Madam Forewoman, have you reached a verdict? We have, Your Honor.
On the sole count of the indictment, Rape in the First Degree, how do you find? We find the defendant guilty.
Is this unanimous? It is, Your Honor.
It is your job to listen to all of the evidence, not pick and choose at your whim.
The evidence clearly established that but for the actions of the police, Dr.
Merritt would never have formed the requisite criminal intent.
And the State utterly failed to demonstrate that the defendant was predisposed to criminal behavior.
Your Honor When a respected doctor without any prior tendency towards criminal behavior is induced, and very possibly seduced, into committing a crime, it's an outrage.
I, for one, will not ruin a mars life because the police overstepped their bounds and a jury is too blinded by graphic photos and emotional testimony to see it.
As such, I'm entering a trial order of dismissal.
He could just disregard the jury's verdict? If he feels the jury disregarded the facts presented, yes, he can.
Yup.
We should've seen it coming.
Hon.
Keith Silver wrote the book On the Rights of the Accused.
He thinks Miranda five pages too short.
So Merritt just walks away scot-free? Oh, there's got to be others.
What about that Perkins woman? I can't imagine what a trial would do to her.
She's still unable to tell me exactly what happened.
What do we know about that nurse? I know she lied for him on the stand.
Job's that good, it's won'th jail time? You think he's got something on her? I thought you can't retry him.
Not for what he did to you, but we do know the doctor has a history.
Check out Nurse Gregg.
Miriam Gregg.
It's no wonder she's attracted to the medical profession.
Two drug convictions, using and selling, mostly prescription, mostly Percodan.
I'm sure Dr.
Merritt has an unlimited supply of that.
So he bought her help and protection.
She prepared the syringe.
She knows it was a sedative not an anesthetic.
Unfortunately, the drug scan can't confirm anything.
Well, maybe Nurse Gregg is not up-to-date on the latest in forensic science.
You're accusing me of rape? Gee, sorry, fellows, but I like my sex the old-fashioned way.
No, I'm sorry, Miss Gregg.
You prepared the syringe and it wasrt an anesthetic.
Makes you an accomplice.
You can't prove anything.
Science is a wonderful thing, Miss Gregg.
FBI tells us that the new gas chromatography tests can prove that it was a sedative in the syringe.
The good news is that your Percodan supply's dried up.
Better news is that we have enough evidence to prosecute you for Rape One.
You mean he gets his jollies, and I have to go to jail? For at least 25 years.
We're not talking about only one count.
But, wait a minute.
That Perkins woman, he did that on his own.
If I was raped why don't I remember? You know, I think I'd remember being raped.
I wanted to shut it out, too.
Just act like it was a bad dream.
It won't go away, Diane.
I think it was someone else.
I don't think it happened to me.
I know.
I felt like it was someone else, too.
Like I didn't exist.
I I had these terrible cramps.
What kind of cramps? I don't know.
He was sweating, and all I could think of was: It's not hot in here.
Why is he sweating? My feet were in the stirrups.
L I tried to get away but I I couldn't.
He just left me there with my legs up.
He didn't say anything.
He just snapped off his gloves.
He threw them away, and he walked out.
He left me there like I was a piece of garbage.
It wasrt your fault, Diane.
She remembers, but putting her on the stand would be disastrous for her.
With the nurse to corroborate, all she has to do is say it happened.
Merritt's lawyer will destroy her.
She thinks she's responsible.
She thinks she seduced him.
That's ridiculous.
It's typical.
Without her testimony, Liz, we can't prosecute.
After he raped me, he just smiled and left the room.
After the acquittal he had that same damn smile.
It was like he was bragging to everyone in the room.
"I did it and I got away with it and there's nothing anyone can do.
" You mean, bragging is part of this? It's what makes his conquest complete.
Call Cerreta and Logan, and have Dr.
Merritt arrested.
Ben, I told you Diane won't have to testify.
And make sure that the local news knows when Merritt will be arraigned.
Do you think you'll be successful this time? I don't go forward unless I think I have a case.
Yeah, but is it a good case? What's the problem? Dr.
Merritt's guilty.
Why has it been so difficult to successfully prosecute him? It's the same with most rape cases.
Even more so when doctors are involved.
The victims feel disgraced.
They feel guilty and they're ashamed to come forward.
There's Dr.
Merritt.
Excuse me.
Doctor, will you be exonerated of all charges? Could we get a statement please? I assure you, I've done nothing wrong.
I treat women, I don't rape them.
Women respect me.
It's been my success.
Look, this is a vendetta by the DA's office, pure and simple.
This case will never get to trial.
Arrogant SOB.
He can afford it.
He's one for one.
You telling the world that we don't have a case only feeds his ego.
We're working on it, Adam.
We'll have a case.
I hope to hell we do.
Or we'll all be dancing in front of the disciplinary committee.
I hope this works.
A lot of people watch the 6:00 news, Paul.
You pursue this, Ben, I'm going to the appellate division.
Retaliatory prosecution.
If you are lucky, my dear, you will just get disbarred.
You do what you have to do.
You've been humiliated in court once, and that was with a Ph.
D.
On the stand.
Can you imagine what happens with a psychopath and a drug addict? Please, Ben, drop the charges against Dr.
Merritt.
Consider saving your own career.
When I was a boy I collected baseball cards.
And there was this one kid who convinced me to trade a Duke Snider for a Gene Hermanski.
He said it was a good deal.
What the hell does that mean? I learned the hard way.
For a deal to be good, there has to be equal consideration.
And there's no way you can cough up enough consideration to justify a deal for him.
Why? Fifty-four women you either raped, molested, or abused.
In the future, sir, stay off the evening news.
Okay, Ben, what do you want? In a perfect world, I'd like to see your client locked in a room for a week with these women.
But I'll settle for seeing him spend the rest of his life in jail.
I'm faking it.
Faking what? I was halfway through a session this morning with this woman when I realized I hadrt been listening.
I hadrt heard what she said.
It happens.
Doesrt happen to me.
It'll pass.
Will it?