Law & Order (1990) s01e21 Episode Script
Sonata For a Solo Organ
Narrator:.
In the criminal justice system, the people are represented by two separate yet equally important groups- the police who investigate crime and the district attorneys who prosecute the offenders.
These are their stories.
Okay, pal, let's go.
Rise and shine.
Coffee at the mission.
Let's go! You heard me, let's go.
Come on.
Up we go.
Look at this.
Oh, Jesus.
what is this? Shoeshine outcall? They look like my shoes.
Terrific.
Sure.
Just drop 'em.
Drop 'em.
Drop 'em.
Take off.
what have we got here? Oh- you okay, buddy? Must've got mugged.
Cop #2: Good morning, New York.
Mounted Post One, request immediate EMS.
Cop #1: On a bench off 86th.
He's cut about eight inches, centimeters, whichever's smaller.
Right about here.
But he's all sewn up, and the doc says real nice work.
So he had an operation.
So what? what's the beef? He says his name is Drew MacDaniel.
Swears he's never been under the knife.
Never been in a hospital.
The doctor says he has massive internal bleeding.
They did an ultrasound before they took him into surgery.
And? And somebody cut out his kidney.
Talk about getting your pocket picked, huh? Logan: Dr.
Lieber, can you give us some answers here? Fresh incision, an IV mark, the blood tests indicate Benzodiazepines.
I'm no genius, but to me that spells "operation.
" If it weren't for the tie on the renal vein, I'd say he did a pretty good job.
Renal vein? The renal artery was tied up like a pro.
But the vein must've popped 10 minutes after they closed him up.
Rookie mistake.
Half hour later he was swimming in his own blood.
A guy just doesn't forget he had major surgery.
All I'm saying is within 24 hours someone did a "chop-chop" and took out a kidney.
He could've skipped out of post-op before Accounting got to him.
Covering up.
You ever been a patient? It's easier to bust out of Attica then to leave a hospital without paying.
You're saying some "Dr.
Frankenstein's" selling body parts? Hey, is it possible? I saw "Sweeney Todd" three times- why not? If you were going to steal a kidney- whoa, whoa, whoa.
I'm a resident looking at Park Avenue dermatology.
You want to talk kidneys, Martha Kershan, 14th floor.
Resident maven.
Reality? Kidney brokers are pure fiction.
There is no such animal as a black market for kidneys.
So even if I wanted to, I couldn't buy a kidney? It's against the law.
So's jaywalking.
More to the point, it's not necessary.
we can keep kidney patients alive on dialysis until a kidney becomes available.
Available how.
Through OTN- the Organ Transplant Network.
They monitor all available organs nationwide.
So I want to give up my kidney, I go to OTN- Not exactly.
Hopefully you'd be recently deceased since it's also illegal to sell a kidney.
Hospital notifies OTN they've got a donor- How long does it take to get one? Long.
Sometimes never.
what's the problem, getting them to match? Rejection hasn't been a major concern for 10 years.
Drugs combat it.
For the most part, everything's interchangeable.
So there's no reason for this to have happened.
Unless the recipient was highly cytotoxic.
English please, Doc.
If you're cytotoxic you reject tissue unlike your own.
The drugs don't work.
You'd need a virtually perfect match.
Drew MacDaniel.
You don't look like family.
Under the skin we're all brothers, Miss Johnson.
Good luck.
He's just up from recovery.
Double dose of every painkiller we got.
High as a kite.
No, Detective, I never had an operation.
And you were born with two kidneys, right? Drafted in '68.
Healthy enough for a tour in 'Nam.
You always walk through the park at night, Mr.
MacDaniel? Tuesdays.
I take my six-year-old to the playground off 76th and Fifth.
Lives with her mother.
Divorced? Separated.
I live on Columbus.
I walk home through the park.
Did you get a look at these muggers? Muggers? I don't remember anything.
whoa, whoa, whoa.
wait a minute.
Are you telling me MacDaniel was not a random victim? we got a specialist who says the only way this makes sense is that the recipient had a condition that required a match.
And MacDaniel's kidney fits the bill? He'd have to be tested to make sure.
the problem is, MacDaniel swears from now till Sunday that he's never been tested.
"Grand theft kidney.
" Terrific.
what about you? You got any theories? Devil worship? Alien beings? A cult wouldn't stitch the guy back up, and I imagine there would be other organs of more interest than a kidney.
Had to be for a transplant.
Had to happen sooner or later.
what did? You don't think with these medical miracles they don't set up a new set of problems? what are we going to do, bury our heads in the sand? I'm saying we come in with all our own parts, maybe we should go out the same way.
Come on, give me a break, Max.
You know how many lives have been saved because of organ donations? I don't see you standing in line giving anything away.
I got the sticker on my license.
Personally, I think it should be automatic.
Otherwise they'd give you a sticker that says you can't use your organs.
My old man wouldn't be alive today if he didn't have a new ticker.
Okay, enough with the Philosophy 101.
Say the motive is transplant- I got a $64 question.
who did it get transplanted into? Bull's-eye.
I just need to know if any kidney transplants took place at your hospital in the last 72 hours.
whoa, whoa, I have been waiting, all right? No, no, hold on, hold on.
Don't go, don't go.
Yeah, who does your scheduling? OR scheduling, okay? Yes, ma'am, that's right.
That's right.
I'm a detective.
No, this is not a crank call, okay? Could you just maybe find it for me? Huh? Could you-? Okay, fine.
Thank you.
what is it with people these days? I don't know.
we've got five at least.
we got four.
The one at St.
John's took place at 3:30- MacDaniel wasn't in the park at that time.
Hadn't been to see his daughter either.
Four.
You can track where every kidney came from? Sure.
And where it goes.
For example, this morning in Miami, a 14-year-old boy died in a diving accident, and tomorrow, a 63-year-old potato farmer in Boise will get his kidney.
Unbelievable.
Not really.
It gets packed in ice.
Federal Express does the rest.
So our four? Let's see.
The transplant at Manhattan Memorial came from St.
Jude's in Boston, The one in Newark came from Concord, New Hampshire, and the one at Gramercy came from Are you sure you got this right? why? There's no record of a kidney to Gramercy in the last three days.
Thank you very much.
Yeah, blood, kidneys, corneas- it all comes through here.
You were on Tuesday night? Till 10:00.
You got a record of a kidney coming in? Kidney don't leave home without it.
Tuesday Yup, there it is.
Kidney came in at 9:32 p.
m.
From where? what, am I supposed to ask it where it's from? Delivery guy drops off a cooler, document says it's a kidney, I mark down the time and I send it upstairs.
To whom? "Patient Merritt, Mary.
" "Doctor Reberty, James.
" You don't mind if I tape this? I find it avoids misunderstandings.
we certainly wouldn't want any of those.
To get back to your question as long as the blood and tissue samples are compatible with my patient, it doesn't much concern me where the kidney comes from.
So you have no idea who the donor was? The paperwork that accompanies the organ only has the donor's vitals.
If you need more, I guess you got to talk to OTN.
OTN has no record of ever delivering a kidney to Gramercy Hospital, so when were you alerted that a kidney had become available? when I was dining at windows.
It was 9:30.
My beeper went off.
I notified my team and I notified the patient.
Nothing unusual? Like a thousand times before.
The operation was a success.
we're monitoring her responses.
You know, my guess is that some clerk got caught napping down at OTN.
To err is human.
woman: Mary Merritt.
Logan: She looks awful.
She going to make it? woman: She was lucky.
I'd say she got that kidney in just about the nick of time.
You think you can get us an address, names of relatives, friends? Nope.
Actually, "Mary Merritt's" not her real name.
It's a code we give to the big shots when they come in for a detox or a tuck.
Or a transplant? what are you going to do? Celebs like their privacy.
Once one of the New Kids came in.
I don't- tonsils or something.
This whole place turned into a zoo.
So who do we have here? Nurse: You got me.
I've never seen her before.
But she must be big.
Usually the charts have their real IDs.
This time, nada.
How about insurance? The whole thing was paid up front.
A private suite.
Mind if we take a look? I shouldn't.
Come on.
Just want to see how the idle rich recuperate.
what did you get? Her lipstick.
It's robbery, Mike.
You don't take other people's property, even if you do have a badge.
She's in ICU.
I don't think she's going to need lipstick for a while.
You got the prints, just put it back.
Yeah.
You're not going to believe this.
Our "Miss Merritt" had a drug possession charge three years ago.
You get a name? Joanna woodleigh - only daughter of Phillip woodleigh.
The woodleigh Building? The woodleigh Library, the woodleigh Foundation, the woodleigh Trust- Phillip woodleigh j gives away more money j in one year than the three of us will earn in a lifetime.
which means his daughter can afford some new lipstick.
which means she can afford a new kidney.
Mary Merritt.
She said she didn't need that kind of privacy.
She also hated having her picture in "The Post" after her last operation.
You mean she's had other transplant attempts? Two failed.
Last time she almost died during treatment for the rejection.
That must be difficult.
I'm sorry.
Unfortunately, your daughter's kidney can't be accounted for, and this incident in the park- Gentlemen, gentlemen, believe me, I feel for the man.
But what do you want me to do? I don't knowwho he is, or what bearing this has on my daughter.
The kidney came through the system, which I thank God for.
A mugging for a human organ? when was the last time Drew MacDaniel had a blood test? I did one about four months ago.
what for? Mr.
MacDaniel was the object of a paternity suit.
I drew blood for the court-ordered test.
Fatherhood.
That's a big help.
No, no, it's the same test- HLA.
Same as the one to test kidney tissue? Yes.
This is from the kidney that showed up at Gramercy Hospital.
It's the same blood type as MacDaniel.
Same as millions of others, too.
whether the tissue matches, I couldn't tell you without comparing the HLA results.
who did the lab work? Lindquist Labs, Second Avenue, across from University Hospital.
They have an excellent reputation.
we're impressed in advance.
Technician: No one knows client results.
The data is identified by order number only.
But you've got to match patient with test result at some point! Only in billing.
The account's accessed once when the order comes in, once when the result goes out.
Twice.
And how many times was the MacDaniel's file accessed? Not more than twice, I'm sure.
what's that? That's a third time.
And the other accounts? They've all been accessed three times.
By who? One of my clerks.
A woman named Rosaria Mendez.
But she's gone home.
To an address you'll be happy to access.
I'll even go back to it four times to make sure everything is right.
why, 'cause you make so many mistakes? I'm a good worker.
I don't know nothing about people getting hurt.
I'm sure you're a good worker, Rosaria, but you might've helped some people to hurt an innocent man.
This nurse came from the hospital.
She asked for printouts of test data.
what hospital? who's the nurse? Gramercy Hospital.
Her name is Elaine Hale.
They're doing this big research project on kidney transplants.
I thought I was doing good.
You never wondered why she came to you instead of the head of the lab? They were in a hurry.
And your heart was so pure you never took money? Max: You work for Dr.
Reberty, don't you? Everybody here works for him.
He's chief of transplant surgery.
Does everyone go around town bribing clerks for confidential medical data? That sounds like an accusation.
It is.
It's a crock.
Not according to Rosaria Mendez.
That's just circumventing the bureaucracy.
Oh really? And why would you do that? To save time.
Everybody does it.
They do? why all the interest in Drew MacDaniel? who? He's a guy with a missing kidney- a guy whose blood test results you had.
I got 4,000 sets of results.
If his name was on it, sounds like coincidence.
Sorry, guys.
Look, in 10 years, we have never made a mistake.
I assure you, no legitimate kidney was delivered to Gramercy in the last week.
Legitimate? I'm not going to lie to you.
In India, you can get a kidney for $20,000.
If one were desperate enough, I suppose one could go overseas.
Or across town.
How desperate was Joanna woodleigh? Oh, let's see.
Huh.
On a scale of one to 10, I'd give her an 11.
Because of the two failed transplants? Very good, Detective.
You see, with each rejection the body becomes more cytotoxic.
This girl would need almost a perfect match.
would Mr.
MacDaniel's kidney do the trick? Four point match.
That's as good as it gets.
Do you have any evidence tying this doctor to the attack on the man in the park? Max: Not directly.
Joanna woodleigh is so hard to match she's been on a waiting list for three years.
Two compatible kidneys floating around Manhattan the same night? we know this kidney didn't come from the Organ Network.
I doubt he's going to get it from the meat section at D'Agostino's.
So we're assuming- that the transplant surgeon at a major hospital went out and bushwacked this guy himself? Couldn't have been an amateur, there's too much to cut.
where the hell did he do this, in the bushes? All we know is that he did it.
Proving he did it that's a long shot.
Two competent people could remove a kidney.
what about equipment? To do it right, a complete operating theater.
How about just to get it done? It's the carpenter, not his tools.
Minimum- scalpels, sutures, anesthesia machine.
Are anesthesia machines portable? For Schwarzenegger- it's about 500 pounds.
You don't just tiptoe out of a hospital with one late at night.
They expensive? Expensive enough.
we lease ours.
Suppose I wanted to lease one? Talk to my secretary.
She'll give you our supplier.
Two months ago, j a guy comes in ratty hair, beard, the works.
Says he wants a defibrillator.
I figure this guy's no MD.
Turns out he's some hotshot lecturer over at Downstate.
To think my nephew Petey ended up in Guadalajara.
Here you go.
One anesthesia machine.
Rented to who? Reberty, James.
Yeah, I remember.
Some woman called, charged it to his AMEX.
was her name Elaine Hale? apartment one.
we delivered, 50 bucks extra.
Pick up, another 50.
She return it? Picked it up the next day.
Hardly used.
You didn't think it was strange that Miss Hale had an anesthesia machine delivered to her apartment? Guy comes in last week, wants 100 bedpans.
Jello molds.
what do I know.
Max: Tell me about Elaine Hale.
She's the good one.
Never a sound, rent on time, invites me to holiday dinner.
They should all be so sweet.
what did she do, anyway? what makes you think she did anything? Oh, cops, warrant.
You don't need to be a Kreskin.
Anything strange about the last couple of days? You want strange? Those bums in 2E.
Purple hair, gold earring Nothing.
what did you expect? She keeps her place as clean as an operating room.
She's a nurse, you know.
The bums upstairs, they don't even tie their trash, but Elaine double bags hers.
Cats.
They should all die.
Max: A lot of garbage for one day, eh? That's been there since Monday.
They pay these guys more than teachers and they come around, what, twice a week? Thank you, Mrs.
Birnbaum.
No, you're kidding, right? I just dry cleaned this suit.
Logan: Blood type's a perfect match.
we got six more like it, and enough cotton to make a bowl game.
where'd you find it? Garbage.
what difference does it make? we had a warrant.
A warrant for her apartment.
Her garbage has constitutional rights? It's out in the street.
It's either the city's or hers.
It's called curtilage.
It might be protected.
I'm not saying it's inadmissible, but there's always a chance.
God bless America.
It's enough for me.
Both of 'em? Man: When Phillip Woodleigh found out I was on the board of Organ Transplant Network, he came to my office and promised to make significant contributions to OTN if I would prioritize his daughter's case.
And you said? In 1990, there were over 100,000 patients on dialysis.
Only 80,800 received kidneys.
Money does not always buy happiness, Mr.
Stone.
Some people might disagree.
It certainly shouldn't buy life.
It is imperative that these people be punished.
Reberty and Hale are being charged.
I don't think you quite understand, Mr.
Stone.
we'd like you to set your sights higher up the food chain.
woodleigh? The public must understand the Organ Transplant Network is the one true democracy.
One of the few instances where money doesn't talk - at all.
I understand.
Defendants are charged with: attempt to commit murder in the second degree; assault in the first degree; i conspiracy in the first degree; and grand larceny.
How do you plead? Not guilty, Your Honor.
Not guilty.
Judge: Applications, Mr.
Robinette? The People are outraged at the violent nature of the crimes charged, Your Honor, and feel that heinous behavior of such magnitude in and of itself demands bail of $750,000.
May I remind Mr.
Robinette that it's not the DA's province to determine punishment prior to trial.
It would strain all credibility to imagine a man of Dr.
Reberty's stature on- Yes, Mr.
Patton.
I'm sure we would all prefer to keep our strain to a minimum.
what do you want? ROR, Your Honor.
Defendants are charged with violent felonies.
Accused, Mr.
Robinette.
May I, Your Honor? It's your right.
I'm sure that we all have our jobs to do, Your Honor, but there is a 62-year-old grandmother of six lying in Gramercy Hospital who full well expects to undergo critical renal surgery this afternoon.
And? And the prosecution's unconscionable demands would cause her grievous if not irreparable damage.
we're impressed with your love of life, Doctor.
Bail is set at $150,000 each.
The top nurse in the city earns $43.
5 a year.
Dr.
Reberty could earn that in a week.
Motive is not part of the prima facie case for assault.
The credit card receipts- Do not establish a material fact.
That's circumstantial evidence where I come from.
That'll get me to a jury and then I'll take my chances.
This is absurd.
Miss Hale is my assistant.
She has access to my cards and authority to use them.
The entire transaction took place over the phone.
without my client's knowledge.
Are you suggesting that Miss Hale performed the surgery herself? Any second-year resident can remove a kidney, Mr.
Stone.
The talent lies with those that can put one in.
Miss Hale is a competent nurse.
we've been together for years.
I had intended to let the credit card business go but if it's a help to your case, I'll testify against her.
what's it going to take to make you happy, Stone? The Mets in the series, peace on Earth, and Dr.
Reberty in Danamorra.
Patton: Let's go, James.
Man: Attempted murder's absurd.
whoever did this stitched MacDaniel up.
It looks like they wanted him to live.
where's the intent? Correct me if I'm wrong, Miss Hale, but any first-year surgical resident knows if you don't tie the renal vein, the patient dies.
whoever operated on MacDaniel didn't know what he was doing or wanted him to die.
I saw him tie- Elaine- discussing a murder charge, not attempt.
You should also know he's offered to testify against you.
Assault one, j j minimum.
She serves two.
Love isn't blind, it's stupid.
To think I actually believed in him.
Reberty? what about woodleigh? I had no contact with him.
James swore he would keep MacDaniel alive.
He said he could close while I packed the kidney in ice.
we rolled him into the park in a wheelchair.
I saw the bleeding.
He said it was just oozing.
He wanted him to die all along- no loose ends.
I said I wouldn't help unless he kept him alive.
And we would have lived happily every after.
She's an accomplice, Ben.
Even with her testimony we need corroboration.
we have the credit receipts.
Unsigned.
She confessed.
She cut a deal.
She obviously needed the money more than Reberty.
That's a lot of baggage, especially when he walks into court with his awards and testimonials under his arms.
So you believe him? I'm not the jury.
who do you think is more credible? why, him.
That's why we have to discredit him.
Run down the seven deadly sins, and start with credit reports.
Question the family, the friends, wives- ex-wives are always good.
what's the difference between a doctor and God, Mr.
Robinette? God doesn't think he's a doctor.
Is that why you left him? I was lonely, not stupid.
Greenwich, Connecticut's easy to get used to.
But you learn to live without.
He left you? Thanks.
Anyway, it was all for the best.
I hear he sold the place in Greenwich for a song.
what the hell does a rich doctor from Connecticut know about Arizona, anyway? Arizona? He put three million into a string of private hospitals.
And he's losing his money? That, or a kidney doesn't go as far as it used to.
Alimony payments dried up six months ago.
He'd have put his money in S & Ls had he thought of it.
They're being dunned by every bank from Queens to Albuquerque, D & B, TRw.
He hasn't paid his phone bill in three months.
Title report on his real property will be in next week.
But it's moot- bank already told me they're about to foreclose on his East Hampton house.
Reberty had a problem.
woodleigh had the solution.
And vice versa.
Motive bolsters the circumstantial evidence.
Physical evidence will go a long way.
Call Greevey.
waste of time.
The owner says they clean everything on the way in and on the way out.
I read about this guy went into the hospital with a broken leg, came out with meningitis.
You got to stop reading the obits, Max.
You guys must live exemplary lives.
"Seek and ye shall find.
" The good doctor left the proverbial sponge in the patient.
The wheelchair they used to transport the vic- covered with prints.
MacDaniel, Hale, and- Reberty? Bingo.
Excellent.
Thanks, Max.
Sure.
Res ipsa loquitor- "The thing speaks for itself.
" He's a doctor.
His prints are probably on a thousand wheelchairs.
Along with MacDaniel's and Hale's? I doubt it.
You still need the temporal connection.
For $350 an hour, you can do better than that, Mr.
Patton.
All right, I want a deal.
A deal requires mutual consideration, Doctor.
You've got nothing that interests me.
Sure I have.
I've got woodleigh.
Over and over and over again, the same material.
I'm telling you, my friend, it's a flyer.
woodleigh gave Reberty a million dollars and told him to do whatever it takes.
Doesn't mean that he had the intent to commit assault.
A border cop stops a car and finds 100 pounds of marijuana in the trunk.
At trial, the driver testifies that the owner of the car gave him a $100 to drive across the border but warned him not to look inside that trunk.
Guilty or not? He had no actual knowledge of what was inside- He would've had he asked the questions.
"willful blindness" never cut it in New York.
So we make new law.
So we get dismissed.
Am I missing something here? woodleigh instigated a vicious attack.
Phillip woodleigh happens to be a major political cash cow in this city.
Good God, Adam.
You're not going to let that affect your judgment, are you? If I thought you had a chance in hell of winning, I'd hold a press conference right now, but you can't rewrite the law.
Maybe not, but a personal agenda should not stop me from trying.
My agenda has nothing to do with it.
judges have refused to instruct juries on willful blindness.
could be different.
Yeah, you win at trial, lose on appeal.
Maybe, maybe not.
"The law should be stable, but should never stand still.
" It's nice you can still quote Holmes.
what does Reberty want? Drop the murder charge and he pleads to assault one.
You call Cragen and I'll call woodleigh's attorney, Dan Rubell.
He was my editor on the Law Review.
There goes my reunion.
It's not every day we get to bust someone on Park and 68th Street.
we're not busting him.
He's surrendering.
Max: Mr.
woodleigh.
I hope this won't take long.
Judge: The charges are: attempted murder assault in the first degree; i conspiracy in the first degree; and grand larceny.
How does the defendant plead? Not guilty on all charges, Your Honor.
You have a bail recommendation? So ordered.
Rubell: Judge, I'd like to request that Mr.
Woodleigh be allowed to remain in the courtroom while I arrange a transfer of money from his bank.
Robinette: For the record, Your Honor, the People take exception to any preferential treatment shown Mr.
woodleigh.
Do the People believe Mr.
woodleigh is a flight risk? It's almost 4:30.
By the time you're back here, the defendant will have missed the prisoners' bus for Riker's Island.
Riker's! Request denied.
It's not like you, Daniel, to take personal offense.
we're all lawyers here.
I'm glad you didn't say friends.
Even acquaintances would have had some sort of dialogue about something like this.
You make it sound like Phillip got the rubber hose treatment.
what's your problem? My problem is I had to drive up to Riker's during rush hour and the damn FDR is still under construction.
Then I had to go through security- those bastards, they love to bust your chops.
The better your suit, the worse you're treated.
You know that, Adam.
This is supposed to be a dialogue.
Sounds more like a diatribe.
The man's a distinguished lecturer at Columbia.
He's endowed scholarships at three different universities in this city.
He singlehandedly created the burn wing at City Hospital- And he's able to leap tall buildings at a single bound.
So what? Mr.
Robinette merely made an observation as an officer of the court- the judge concurred.
So let's move on, all right? The idea that Phillip woodleigh knew anything about an attack on an innocent victim is ludicrous in the extreme.
what he says he knew and what his actual knowledge was is something for the court to decide.
You're serious? You know him, Adam.
The man's 73, for God's sake.
He's taking hydromorphone for his heart.
One of his own kidneys is half on the fritz, and you're threatening to send him to prison? It's monstrous.
we'll see that he get a cell adjoining Dr.
Reberty's.
You sure as hell better be right about this.
Mr.
MacDaniel, would you describe for the court how you felt when you regained consciousness that morning in Central Park? How I felt? I felt lousy.
were you in pain? They ripped off one of my kidneys.
when you first learned that's what had happened, how did you feel? People talk about feeling violated when some punk breaks into their apartment and steals a TV set.
I felt raped.
would you mind taking off your shirt, Mr.
MacDaniel? Objection, Your Honor.
I feel the jury should be able to see why he felt violated.
Overruled.
Mr.
MacDaniel.
One more question.
what do you think would be a satisfactory conclusion to this case? Getting my kidney back.
No further questions.
And did you, in exchange for sentencing down on a lesser charge, agree to testify against Mr.
woodleigh, Doctor? Yes, I did.
And did you do so without coercion and the full intent of telling the truth? That is correct.
Very well.
Nowwhen you informed Mr.
woodleigh that the odds of his obtaining a perfectly matched kidney for his daughter were extremely long, what did he say? He said that he didn't care, he wanted a kidney whatever the cost.
Yet Dr.
Backus just testified that he informed the woodleigh family of the impossibility of buying a kidney- legally, that is.
Do you think Mr.
woodleigh fully understood what he was asking you to do for him? Objection, Your Honor.
Speculation.
Sustained.
Did Mr.
woodleigh ever ask you what the potential problems might be? No, he didn't.
His only words were, "whatever the cost.
" And how much did the kidney cost Mr.
woodleigh? A little over a million.
No further questions.
Dr.
Reberty, did Mr.
woodleigh ever ask you to go out and cut open an innocent man? If you would answer yes or no, please.
well no.
Did you ever tell him you planned to cut open an innocent man? As I just stated, he told me to do whatever was- Did you ever tell him, Doctor? Yes or no, please.
No.
Excuse me, Mr.
Stone? I'm Joanna woodleigh.
Come in, Miss woodleigh.
Are you aware that my father has established a trust fund for Mr.
MacDaniel and his children? No.
I didn't think so.
That's the way he works- quietly, unselfishly.
If you prosecute him, he'll die.
I know he will.
And for what? Mr.
MacDaniel is going to be a very wealthy man.
with only one kidney.
Just like I have, Mr.
Stone.
The hope is we'll both live long and happy lives.
Please believe me, I'm glad you're healthy again.
I know how close to death you were.
But, Miss woodleigh, do you really think your father would have acted any differently if you had needed a heart instead of a kidney? whatever part I may have played- unwittingly played- in Mr.
MacDaniel's pain, will haunt me for the rest of my life.
Rubell: Unwittingly.
where did you think the organ your daughter so desperately needed came from, Mr.
woodleigh? I had no idea.
I assumed it was an innocent transaction.
But frankly, given the urgency of the situation, I really didn't ask.
Gramercy is one of the most reputable hospitals in the world, so why would I? No further questions, Your Honor.
You're a businessman, Mr.
woodleigh.
A highly successful businessman? I've been fortunate, yes.
You probably make it your business to ask pertinent questions before you enter a deal.
Is that true? Objection, Your Honor.
Mr.
woodleigh's business transactions are not on trial here.
This goes to intent, Your Honor.
Overruled.
why didn't you inquire into a transaction that was costing you a million dollars, Mr.
woodleigh? Because my daughter's life was at stake.
But still, a million dollars- does that really jibe with your characterization of this deal as an "innocent transaction"? I don't want to sound immodest, but there's a term my accountant uses.
It's called "creeping decimalism.
" He means by that that once you start adding on zeros, the sum starts to become unreal.
In other words, you would do anything for your daughter? Absolutely.
Even something illegal? wouldn't any father? wouldn't you, Mr.
Stone? I'm not on trial, sir, and I ask the questions here.
Does that anything include murder, sir? No, sir.
woodleigh knew, Adam.
I know he knew exactly what Reberty was up to and I can't move him an inch.
If you do, the jury'll feel sorry for him.
Remember his words, "Any father would've done the same thing.
" If he had a million bucks.
Robinette: Two million.
what? Title report to Dr.
Reberty's beachhouse, the one First Federal was about to foreclose on? He managed to sell it for twice the fair market value- one million bucks.
I thought we were j j in a recession.
who bought it? Montauk Investments, Limited.
One of woodleigh's shell corporations.
when? Papers were filed right after we arrested Reberty.
I'll be damned.
There's only one reason why he paid him another million.
To buy his silence.
But he testified.
He testified, but did he fully testify? Kind of a stretch, Ben.
I didn't call you in to watch you tap dance.
Patton: Dr.
Reberty and I need time to go over it.
Consider this an official notification, Doctor.
Our deal is off.
we intend to charge you with attempted murder.
Any leniency you may have hoped for is out the window- that was very cute- "A little over a million"- a million over a million, sir.
what did woodleigh say to you to buy the sins of omission on the stand? May I say something? I'd like to propose a new deal.
Oh, really? You need requisite culpable intent on woodleigh.
Now you've got it.
Reberty's voice: We've found a perfect match.
Well, he's a healthy guy.
I don't think he's going to want to give up one of his kidneys without a struggle.
woodleigh's voice: You do whatever it takes.
That's what you're getting paid for.
Reberty: I don't think that you understand.
This isn't a question of going up- woodleigh: No, I understand perfectly well.
You kill the son of a bitch if you have to, just do it.
Man: Excuse me.
Dr.
Reberty, did you record what the court just heard? Reberty: Yes, I did.
Is this the cassette you used? Yes, it is.
woodleigh's already filed his notice of appeal.
Thought you'd be interested to know.
we made our point.
which was? Money can't buy everything.
Keeps a lot of lawyers busy.
$2 million for a kidney.
Last I heard, the whole human body in raw material isn't worth more than 98C.
Good night, gentlemen.
Good night.
You never answered woodleigh's question - the one we had stricken.
would I have done what woodleigh did if it were my daughter? God, I hope not.
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.
Okay, pal, let's go.
Rise and shine.
Coffee at the mission.
Let's go! You heard me, let's go.
Come on.
Up we go.
Look at this.
Oh, Jesus.
what is this? Shoeshine outcall? They look like my shoes.
Terrific.
Sure.
Just drop 'em.
Drop 'em.
Drop 'em.
Take off.
what have we got here? Oh- you okay, buddy? Must've got mugged.
Cop #2: Good morning, New York.
Mounted Post One, request immediate EMS.
Cop #1: On a bench off 86th.
He's cut about eight inches, centimeters, whichever's smaller.
Right about here.
But he's all sewn up, and the doc says real nice work.
So he had an operation.
So what? what's the beef? He says his name is Drew MacDaniel.
Swears he's never been under the knife.
Never been in a hospital.
The doctor says he has massive internal bleeding.
They did an ultrasound before they took him into surgery.
And? And somebody cut out his kidney.
Talk about getting your pocket picked, huh? Logan: Dr.
Lieber, can you give us some answers here? Fresh incision, an IV mark, the blood tests indicate Benzodiazepines.
I'm no genius, but to me that spells "operation.
" If it weren't for the tie on the renal vein, I'd say he did a pretty good job.
Renal vein? The renal artery was tied up like a pro.
But the vein must've popped 10 minutes after they closed him up.
Rookie mistake.
Half hour later he was swimming in his own blood.
A guy just doesn't forget he had major surgery.
All I'm saying is within 24 hours someone did a "chop-chop" and took out a kidney.
He could've skipped out of post-op before Accounting got to him.
Covering up.
You ever been a patient? It's easier to bust out of Attica then to leave a hospital without paying.
You're saying some "Dr.
Frankenstein's" selling body parts? Hey, is it possible? I saw "Sweeney Todd" three times- why not? If you were going to steal a kidney- whoa, whoa, whoa.
I'm a resident looking at Park Avenue dermatology.
You want to talk kidneys, Martha Kershan, 14th floor.
Resident maven.
Reality? Kidney brokers are pure fiction.
There is no such animal as a black market for kidneys.
So even if I wanted to, I couldn't buy a kidney? It's against the law.
So's jaywalking.
More to the point, it's not necessary.
we can keep kidney patients alive on dialysis until a kidney becomes available.
Available how.
Through OTN- the Organ Transplant Network.
They monitor all available organs nationwide.
So I want to give up my kidney, I go to OTN- Not exactly.
Hopefully you'd be recently deceased since it's also illegal to sell a kidney.
Hospital notifies OTN they've got a donor- How long does it take to get one? Long.
Sometimes never.
what's the problem, getting them to match? Rejection hasn't been a major concern for 10 years.
Drugs combat it.
For the most part, everything's interchangeable.
So there's no reason for this to have happened.
Unless the recipient was highly cytotoxic.
English please, Doc.
If you're cytotoxic you reject tissue unlike your own.
The drugs don't work.
You'd need a virtually perfect match.
Drew MacDaniel.
You don't look like family.
Under the skin we're all brothers, Miss Johnson.
Good luck.
He's just up from recovery.
Double dose of every painkiller we got.
High as a kite.
No, Detective, I never had an operation.
And you were born with two kidneys, right? Drafted in '68.
Healthy enough for a tour in 'Nam.
You always walk through the park at night, Mr.
MacDaniel? Tuesdays.
I take my six-year-old to the playground off 76th and Fifth.
Lives with her mother.
Divorced? Separated.
I live on Columbus.
I walk home through the park.
Did you get a look at these muggers? Muggers? I don't remember anything.
whoa, whoa, whoa.
wait a minute.
Are you telling me MacDaniel was not a random victim? we got a specialist who says the only way this makes sense is that the recipient had a condition that required a match.
And MacDaniel's kidney fits the bill? He'd have to be tested to make sure.
the problem is, MacDaniel swears from now till Sunday that he's never been tested.
"Grand theft kidney.
" Terrific.
what about you? You got any theories? Devil worship? Alien beings? A cult wouldn't stitch the guy back up, and I imagine there would be other organs of more interest than a kidney.
Had to be for a transplant.
Had to happen sooner or later.
what did? You don't think with these medical miracles they don't set up a new set of problems? what are we going to do, bury our heads in the sand? I'm saying we come in with all our own parts, maybe we should go out the same way.
Come on, give me a break, Max.
You know how many lives have been saved because of organ donations? I don't see you standing in line giving anything away.
I got the sticker on my license.
Personally, I think it should be automatic.
Otherwise they'd give you a sticker that says you can't use your organs.
My old man wouldn't be alive today if he didn't have a new ticker.
Okay, enough with the Philosophy 101.
Say the motive is transplant- I got a $64 question.
who did it get transplanted into? Bull's-eye.
I just need to know if any kidney transplants took place at your hospital in the last 72 hours.
whoa, whoa, I have been waiting, all right? No, no, hold on, hold on.
Don't go, don't go.
Yeah, who does your scheduling? OR scheduling, okay? Yes, ma'am, that's right.
That's right.
I'm a detective.
No, this is not a crank call, okay? Could you just maybe find it for me? Huh? Could you-? Okay, fine.
Thank you.
what is it with people these days? I don't know.
we've got five at least.
we got four.
The one at St.
John's took place at 3:30- MacDaniel wasn't in the park at that time.
Hadn't been to see his daughter either.
Four.
You can track where every kidney came from? Sure.
And where it goes.
For example, this morning in Miami, a 14-year-old boy died in a diving accident, and tomorrow, a 63-year-old potato farmer in Boise will get his kidney.
Unbelievable.
Not really.
It gets packed in ice.
Federal Express does the rest.
So our four? Let's see.
The transplant at Manhattan Memorial came from St.
Jude's in Boston, The one in Newark came from Concord, New Hampshire, and the one at Gramercy came from Are you sure you got this right? why? There's no record of a kidney to Gramercy in the last three days.
Thank you very much.
Yeah, blood, kidneys, corneas- it all comes through here.
You were on Tuesday night? Till 10:00.
You got a record of a kidney coming in? Kidney don't leave home without it.
Tuesday Yup, there it is.
Kidney came in at 9:32 p.
m.
From where? what, am I supposed to ask it where it's from? Delivery guy drops off a cooler, document says it's a kidney, I mark down the time and I send it upstairs.
To whom? "Patient Merritt, Mary.
" "Doctor Reberty, James.
" You don't mind if I tape this? I find it avoids misunderstandings.
we certainly wouldn't want any of those.
To get back to your question as long as the blood and tissue samples are compatible with my patient, it doesn't much concern me where the kidney comes from.
So you have no idea who the donor was? The paperwork that accompanies the organ only has the donor's vitals.
If you need more, I guess you got to talk to OTN.
OTN has no record of ever delivering a kidney to Gramercy Hospital, so when were you alerted that a kidney had become available? when I was dining at windows.
It was 9:30.
My beeper went off.
I notified my team and I notified the patient.
Nothing unusual? Like a thousand times before.
The operation was a success.
we're monitoring her responses.
You know, my guess is that some clerk got caught napping down at OTN.
To err is human.
woman: Mary Merritt.
Logan: She looks awful.
She going to make it? woman: She was lucky.
I'd say she got that kidney in just about the nick of time.
You think you can get us an address, names of relatives, friends? Nope.
Actually, "Mary Merritt's" not her real name.
It's a code we give to the big shots when they come in for a detox or a tuck.
Or a transplant? what are you going to do? Celebs like their privacy.
Once one of the New Kids came in.
I don't- tonsils or something.
This whole place turned into a zoo.
So who do we have here? Nurse: You got me.
I've never seen her before.
But she must be big.
Usually the charts have their real IDs.
This time, nada.
How about insurance? The whole thing was paid up front.
A private suite.
Mind if we take a look? I shouldn't.
Come on.
Just want to see how the idle rich recuperate.
what did you get? Her lipstick.
It's robbery, Mike.
You don't take other people's property, even if you do have a badge.
She's in ICU.
I don't think she's going to need lipstick for a while.
You got the prints, just put it back.
Yeah.
You're not going to believe this.
Our "Miss Merritt" had a drug possession charge three years ago.
You get a name? Joanna woodleigh - only daughter of Phillip woodleigh.
The woodleigh Building? The woodleigh Library, the woodleigh Foundation, the woodleigh Trust- Phillip woodleigh j gives away more money j in one year than the three of us will earn in a lifetime.
which means his daughter can afford some new lipstick.
which means she can afford a new kidney.
Mary Merritt.
She said she didn't need that kind of privacy.
She also hated having her picture in "The Post" after her last operation.
You mean she's had other transplant attempts? Two failed.
Last time she almost died during treatment for the rejection.
That must be difficult.
I'm sorry.
Unfortunately, your daughter's kidney can't be accounted for, and this incident in the park- Gentlemen, gentlemen, believe me, I feel for the man.
But what do you want me to do? I don't knowwho he is, or what bearing this has on my daughter.
The kidney came through the system, which I thank God for.
A mugging for a human organ? when was the last time Drew MacDaniel had a blood test? I did one about four months ago.
what for? Mr.
MacDaniel was the object of a paternity suit.
I drew blood for the court-ordered test.
Fatherhood.
That's a big help.
No, no, it's the same test- HLA.
Same as the one to test kidney tissue? Yes.
This is from the kidney that showed up at Gramercy Hospital.
It's the same blood type as MacDaniel.
Same as millions of others, too.
whether the tissue matches, I couldn't tell you without comparing the HLA results.
who did the lab work? Lindquist Labs, Second Avenue, across from University Hospital.
They have an excellent reputation.
we're impressed in advance.
Technician: No one knows client results.
The data is identified by order number only.
But you've got to match patient with test result at some point! Only in billing.
The account's accessed once when the order comes in, once when the result goes out.
Twice.
And how many times was the MacDaniel's file accessed? Not more than twice, I'm sure.
what's that? That's a third time.
And the other accounts? They've all been accessed three times.
By who? One of my clerks.
A woman named Rosaria Mendez.
But she's gone home.
To an address you'll be happy to access.
I'll even go back to it four times to make sure everything is right.
why, 'cause you make so many mistakes? I'm a good worker.
I don't know nothing about people getting hurt.
I'm sure you're a good worker, Rosaria, but you might've helped some people to hurt an innocent man.
This nurse came from the hospital.
She asked for printouts of test data.
what hospital? who's the nurse? Gramercy Hospital.
Her name is Elaine Hale.
They're doing this big research project on kidney transplants.
I thought I was doing good.
You never wondered why she came to you instead of the head of the lab? They were in a hurry.
And your heart was so pure you never took money? Max: You work for Dr.
Reberty, don't you? Everybody here works for him.
He's chief of transplant surgery.
Does everyone go around town bribing clerks for confidential medical data? That sounds like an accusation.
It is.
It's a crock.
Not according to Rosaria Mendez.
That's just circumventing the bureaucracy.
Oh really? And why would you do that? To save time.
Everybody does it.
They do? why all the interest in Drew MacDaniel? who? He's a guy with a missing kidney- a guy whose blood test results you had.
I got 4,000 sets of results.
If his name was on it, sounds like coincidence.
Sorry, guys.
Look, in 10 years, we have never made a mistake.
I assure you, no legitimate kidney was delivered to Gramercy in the last week.
Legitimate? I'm not going to lie to you.
In India, you can get a kidney for $20,000.
If one were desperate enough, I suppose one could go overseas.
Or across town.
How desperate was Joanna woodleigh? Oh, let's see.
Huh.
On a scale of one to 10, I'd give her an 11.
Because of the two failed transplants? Very good, Detective.
You see, with each rejection the body becomes more cytotoxic.
This girl would need almost a perfect match.
would Mr.
MacDaniel's kidney do the trick? Four point match.
That's as good as it gets.
Do you have any evidence tying this doctor to the attack on the man in the park? Max: Not directly.
Joanna woodleigh is so hard to match she's been on a waiting list for three years.
Two compatible kidneys floating around Manhattan the same night? we know this kidney didn't come from the Organ Network.
I doubt he's going to get it from the meat section at D'Agostino's.
So we're assuming- that the transplant surgeon at a major hospital went out and bushwacked this guy himself? Couldn't have been an amateur, there's too much to cut.
where the hell did he do this, in the bushes? All we know is that he did it.
Proving he did it that's a long shot.
Two competent people could remove a kidney.
what about equipment? To do it right, a complete operating theater.
How about just to get it done? It's the carpenter, not his tools.
Minimum- scalpels, sutures, anesthesia machine.
Are anesthesia machines portable? For Schwarzenegger- it's about 500 pounds.
You don't just tiptoe out of a hospital with one late at night.
They expensive? Expensive enough.
we lease ours.
Suppose I wanted to lease one? Talk to my secretary.
She'll give you our supplier.
Two months ago, j a guy comes in ratty hair, beard, the works.
Says he wants a defibrillator.
I figure this guy's no MD.
Turns out he's some hotshot lecturer over at Downstate.
To think my nephew Petey ended up in Guadalajara.
Here you go.
One anesthesia machine.
Rented to who? Reberty, James.
Yeah, I remember.
Some woman called, charged it to his AMEX.
was her name Elaine Hale? apartment one.
we delivered, 50 bucks extra.
Pick up, another 50.
She return it? Picked it up the next day.
Hardly used.
You didn't think it was strange that Miss Hale had an anesthesia machine delivered to her apartment? Guy comes in last week, wants 100 bedpans.
Jello molds.
what do I know.
Max: Tell me about Elaine Hale.
She's the good one.
Never a sound, rent on time, invites me to holiday dinner.
They should all be so sweet.
what did she do, anyway? what makes you think she did anything? Oh, cops, warrant.
You don't need to be a Kreskin.
Anything strange about the last couple of days? You want strange? Those bums in 2E.
Purple hair, gold earring Nothing.
what did you expect? She keeps her place as clean as an operating room.
She's a nurse, you know.
The bums upstairs, they don't even tie their trash, but Elaine double bags hers.
Cats.
They should all die.
Max: A lot of garbage for one day, eh? That's been there since Monday.
They pay these guys more than teachers and they come around, what, twice a week? Thank you, Mrs.
Birnbaum.
No, you're kidding, right? I just dry cleaned this suit.
Logan: Blood type's a perfect match.
we got six more like it, and enough cotton to make a bowl game.
where'd you find it? Garbage.
what difference does it make? we had a warrant.
A warrant for her apartment.
Her garbage has constitutional rights? It's out in the street.
It's either the city's or hers.
It's called curtilage.
It might be protected.
I'm not saying it's inadmissible, but there's always a chance.
God bless America.
It's enough for me.
Both of 'em? Man: When Phillip Woodleigh found out I was on the board of Organ Transplant Network, he came to my office and promised to make significant contributions to OTN if I would prioritize his daughter's case.
And you said? In 1990, there were over 100,000 patients on dialysis.
Only 80,800 received kidneys.
Money does not always buy happiness, Mr.
Stone.
Some people might disagree.
It certainly shouldn't buy life.
It is imperative that these people be punished.
Reberty and Hale are being charged.
I don't think you quite understand, Mr.
Stone.
we'd like you to set your sights higher up the food chain.
woodleigh? The public must understand the Organ Transplant Network is the one true democracy.
One of the few instances where money doesn't talk - at all.
I understand.
Defendants are charged with: attempt to commit murder in the second degree; assault in the first degree; i conspiracy in the first degree; and grand larceny.
How do you plead? Not guilty, Your Honor.
Not guilty.
Judge: Applications, Mr.
Robinette? The People are outraged at the violent nature of the crimes charged, Your Honor, and feel that heinous behavior of such magnitude in and of itself demands bail of $750,000.
May I remind Mr.
Robinette that it's not the DA's province to determine punishment prior to trial.
It would strain all credibility to imagine a man of Dr.
Reberty's stature on- Yes, Mr.
Patton.
I'm sure we would all prefer to keep our strain to a minimum.
what do you want? ROR, Your Honor.
Defendants are charged with violent felonies.
Accused, Mr.
Robinette.
May I, Your Honor? It's your right.
I'm sure that we all have our jobs to do, Your Honor, but there is a 62-year-old grandmother of six lying in Gramercy Hospital who full well expects to undergo critical renal surgery this afternoon.
And? And the prosecution's unconscionable demands would cause her grievous if not irreparable damage.
we're impressed with your love of life, Doctor.
Bail is set at $150,000 each.
The top nurse in the city earns $43.
5 a year.
Dr.
Reberty could earn that in a week.
Motive is not part of the prima facie case for assault.
The credit card receipts- Do not establish a material fact.
That's circumstantial evidence where I come from.
That'll get me to a jury and then I'll take my chances.
This is absurd.
Miss Hale is my assistant.
She has access to my cards and authority to use them.
The entire transaction took place over the phone.
without my client's knowledge.
Are you suggesting that Miss Hale performed the surgery herself? Any second-year resident can remove a kidney, Mr.
Stone.
The talent lies with those that can put one in.
Miss Hale is a competent nurse.
we've been together for years.
I had intended to let the credit card business go but if it's a help to your case, I'll testify against her.
what's it going to take to make you happy, Stone? The Mets in the series, peace on Earth, and Dr.
Reberty in Danamorra.
Patton: Let's go, James.
Man: Attempted murder's absurd.
whoever did this stitched MacDaniel up.
It looks like they wanted him to live.
where's the intent? Correct me if I'm wrong, Miss Hale, but any first-year surgical resident knows if you don't tie the renal vein, the patient dies.
whoever operated on MacDaniel didn't know what he was doing or wanted him to die.
I saw him tie- Elaine- discussing a murder charge, not attempt.
You should also know he's offered to testify against you.
Assault one, j j minimum.
She serves two.
Love isn't blind, it's stupid.
To think I actually believed in him.
Reberty? what about woodleigh? I had no contact with him.
James swore he would keep MacDaniel alive.
He said he could close while I packed the kidney in ice.
we rolled him into the park in a wheelchair.
I saw the bleeding.
He said it was just oozing.
He wanted him to die all along- no loose ends.
I said I wouldn't help unless he kept him alive.
And we would have lived happily every after.
She's an accomplice, Ben.
Even with her testimony we need corroboration.
we have the credit receipts.
Unsigned.
She confessed.
She cut a deal.
She obviously needed the money more than Reberty.
That's a lot of baggage, especially when he walks into court with his awards and testimonials under his arms.
So you believe him? I'm not the jury.
who do you think is more credible? why, him.
That's why we have to discredit him.
Run down the seven deadly sins, and start with credit reports.
Question the family, the friends, wives- ex-wives are always good.
what's the difference between a doctor and God, Mr.
Robinette? God doesn't think he's a doctor.
Is that why you left him? I was lonely, not stupid.
Greenwich, Connecticut's easy to get used to.
But you learn to live without.
He left you? Thanks.
Anyway, it was all for the best.
I hear he sold the place in Greenwich for a song.
what the hell does a rich doctor from Connecticut know about Arizona, anyway? Arizona? He put three million into a string of private hospitals.
And he's losing his money? That, or a kidney doesn't go as far as it used to.
Alimony payments dried up six months ago.
He'd have put his money in S & Ls had he thought of it.
They're being dunned by every bank from Queens to Albuquerque, D & B, TRw.
He hasn't paid his phone bill in three months.
Title report on his real property will be in next week.
But it's moot- bank already told me they're about to foreclose on his East Hampton house.
Reberty had a problem.
woodleigh had the solution.
And vice versa.
Motive bolsters the circumstantial evidence.
Physical evidence will go a long way.
Call Greevey.
waste of time.
The owner says they clean everything on the way in and on the way out.
I read about this guy went into the hospital with a broken leg, came out with meningitis.
You got to stop reading the obits, Max.
You guys must live exemplary lives.
"Seek and ye shall find.
" The good doctor left the proverbial sponge in the patient.
The wheelchair they used to transport the vic- covered with prints.
MacDaniel, Hale, and- Reberty? Bingo.
Excellent.
Thanks, Max.
Sure.
Res ipsa loquitor- "The thing speaks for itself.
" He's a doctor.
His prints are probably on a thousand wheelchairs.
Along with MacDaniel's and Hale's? I doubt it.
You still need the temporal connection.
For $350 an hour, you can do better than that, Mr.
Patton.
All right, I want a deal.
A deal requires mutual consideration, Doctor.
You've got nothing that interests me.
Sure I have.
I've got woodleigh.
Over and over and over again, the same material.
I'm telling you, my friend, it's a flyer.
woodleigh gave Reberty a million dollars and told him to do whatever it takes.
Doesn't mean that he had the intent to commit assault.
A border cop stops a car and finds 100 pounds of marijuana in the trunk.
At trial, the driver testifies that the owner of the car gave him a $100 to drive across the border but warned him not to look inside that trunk.
Guilty or not? He had no actual knowledge of what was inside- He would've had he asked the questions.
"willful blindness" never cut it in New York.
So we make new law.
So we get dismissed.
Am I missing something here? woodleigh instigated a vicious attack.
Phillip woodleigh happens to be a major political cash cow in this city.
Good God, Adam.
You're not going to let that affect your judgment, are you? If I thought you had a chance in hell of winning, I'd hold a press conference right now, but you can't rewrite the law.
Maybe not, but a personal agenda should not stop me from trying.
My agenda has nothing to do with it.
judges have refused to instruct juries on willful blindness.
could be different.
Yeah, you win at trial, lose on appeal.
Maybe, maybe not.
"The law should be stable, but should never stand still.
" It's nice you can still quote Holmes.
what does Reberty want? Drop the murder charge and he pleads to assault one.
You call Cragen and I'll call woodleigh's attorney, Dan Rubell.
He was my editor on the Law Review.
There goes my reunion.
It's not every day we get to bust someone on Park and 68th Street.
we're not busting him.
He's surrendering.
Max: Mr.
woodleigh.
I hope this won't take long.
Judge: The charges are: attempted murder assault in the first degree; i conspiracy in the first degree; and grand larceny.
How does the defendant plead? Not guilty on all charges, Your Honor.
You have a bail recommendation? So ordered.
Rubell: Judge, I'd like to request that Mr.
Woodleigh be allowed to remain in the courtroom while I arrange a transfer of money from his bank.
Robinette: For the record, Your Honor, the People take exception to any preferential treatment shown Mr.
woodleigh.
Do the People believe Mr.
woodleigh is a flight risk? It's almost 4:30.
By the time you're back here, the defendant will have missed the prisoners' bus for Riker's Island.
Riker's! Request denied.
It's not like you, Daniel, to take personal offense.
we're all lawyers here.
I'm glad you didn't say friends.
Even acquaintances would have had some sort of dialogue about something like this.
You make it sound like Phillip got the rubber hose treatment.
what's your problem? My problem is I had to drive up to Riker's during rush hour and the damn FDR is still under construction.
Then I had to go through security- those bastards, they love to bust your chops.
The better your suit, the worse you're treated.
You know that, Adam.
This is supposed to be a dialogue.
Sounds more like a diatribe.
The man's a distinguished lecturer at Columbia.
He's endowed scholarships at three different universities in this city.
He singlehandedly created the burn wing at City Hospital- And he's able to leap tall buildings at a single bound.
So what? Mr.
Robinette merely made an observation as an officer of the court- the judge concurred.
So let's move on, all right? The idea that Phillip woodleigh knew anything about an attack on an innocent victim is ludicrous in the extreme.
what he says he knew and what his actual knowledge was is something for the court to decide.
You're serious? You know him, Adam.
The man's 73, for God's sake.
He's taking hydromorphone for his heart.
One of his own kidneys is half on the fritz, and you're threatening to send him to prison? It's monstrous.
we'll see that he get a cell adjoining Dr.
Reberty's.
You sure as hell better be right about this.
Mr.
MacDaniel, would you describe for the court how you felt when you regained consciousness that morning in Central Park? How I felt? I felt lousy.
were you in pain? They ripped off one of my kidneys.
when you first learned that's what had happened, how did you feel? People talk about feeling violated when some punk breaks into their apartment and steals a TV set.
I felt raped.
would you mind taking off your shirt, Mr.
MacDaniel? Objection, Your Honor.
I feel the jury should be able to see why he felt violated.
Overruled.
Mr.
MacDaniel.
One more question.
what do you think would be a satisfactory conclusion to this case? Getting my kidney back.
No further questions.
And did you, in exchange for sentencing down on a lesser charge, agree to testify against Mr.
woodleigh, Doctor? Yes, I did.
And did you do so without coercion and the full intent of telling the truth? That is correct.
Very well.
Nowwhen you informed Mr.
woodleigh that the odds of his obtaining a perfectly matched kidney for his daughter were extremely long, what did he say? He said that he didn't care, he wanted a kidney whatever the cost.
Yet Dr.
Backus just testified that he informed the woodleigh family of the impossibility of buying a kidney- legally, that is.
Do you think Mr.
woodleigh fully understood what he was asking you to do for him? Objection, Your Honor.
Speculation.
Sustained.
Did Mr.
woodleigh ever ask you what the potential problems might be? No, he didn't.
His only words were, "whatever the cost.
" And how much did the kidney cost Mr.
woodleigh? A little over a million.
No further questions.
Dr.
Reberty, did Mr.
woodleigh ever ask you to go out and cut open an innocent man? If you would answer yes or no, please.
well no.
Did you ever tell him you planned to cut open an innocent man? As I just stated, he told me to do whatever was- Did you ever tell him, Doctor? Yes or no, please.
No.
Excuse me, Mr.
Stone? I'm Joanna woodleigh.
Come in, Miss woodleigh.
Are you aware that my father has established a trust fund for Mr.
MacDaniel and his children? No.
I didn't think so.
That's the way he works- quietly, unselfishly.
If you prosecute him, he'll die.
I know he will.
And for what? Mr.
MacDaniel is going to be a very wealthy man.
with only one kidney.
Just like I have, Mr.
Stone.
The hope is we'll both live long and happy lives.
Please believe me, I'm glad you're healthy again.
I know how close to death you were.
But, Miss woodleigh, do you really think your father would have acted any differently if you had needed a heart instead of a kidney? whatever part I may have played- unwittingly played- in Mr.
MacDaniel's pain, will haunt me for the rest of my life.
Rubell: Unwittingly.
where did you think the organ your daughter so desperately needed came from, Mr.
woodleigh? I had no idea.
I assumed it was an innocent transaction.
But frankly, given the urgency of the situation, I really didn't ask.
Gramercy is one of the most reputable hospitals in the world, so why would I? No further questions, Your Honor.
You're a businessman, Mr.
woodleigh.
A highly successful businessman? I've been fortunate, yes.
You probably make it your business to ask pertinent questions before you enter a deal.
Is that true? Objection, Your Honor.
Mr.
woodleigh's business transactions are not on trial here.
This goes to intent, Your Honor.
Overruled.
why didn't you inquire into a transaction that was costing you a million dollars, Mr.
woodleigh? Because my daughter's life was at stake.
But still, a million dollars- does that really jibe with your characterization of this deal as an "innocent transaction"? I don't want to sound immodest, but there's a term my accountant uses.
It's called "creeping decimalism.
" He means by that that once you start adding on zeros, the sum starts to become unreal.
In other words, you would do anything for your daughter? Absolutely.
Even something illegal? wouldn't any father? wouldn't you, Mr.
Stone? I'm not on trial, sir, and I ask the questions here.
Does that anything include murder, sir? No, sir.
woodleigh knew, Adam.
I know he knew exactly what Reberty was up to and I can't move him an inch.
If you do, the jury'll feel sorry for him.
Remember his words, "Any father would've done the same thing.
" If he had a million bucks.
Robinette: Two million.
what? Title report to Dr.
Reberty's beachhouse, the one First Federal was about to foreclose on? He managed to sell it for twice the fair market value- one million bucks.
I thought we were j j in a recession.
who bought it? Montauk Investments, Limited.
One of woodleigh's shell corporations.
when? Papers were filed right after we arrested Reberty.
I'll be damned.
There's only one reason why he paid him another million.
To buy his silence.
But he testified.
He testified, but did he fully testify? Kind of a stretch, Ben.
I didn't call you in to watch you tap dance.
Patton: Dr.
Reberty and I need time to go over it.
Consider this an official notification, Doctor.
Our deal is off.
we intend to charge you with attempted murder.
Any leniency you may have hoped for is out the window- that was very cute- "A little over a million"- a million over a million, sir.
what did woodleigh say to you to buy the sins of omission on the stand? May I say something? I'd like to propose a new deal.
Oh, really? You need requisite culpable intent on woodleigh.
Now you've got it.
Reberty's voice: We've found a perfect match.
Well, he's a healthy guy.
I don't think he's going to want to give up one of his kidneys without a struggle.
woodleigh's voice: You do whatever it takes.
That's what you're getting paid for.
Reberty: I don't think that you understand.
This isn't a question of going up- woodleigh: No, I understand perfectly well.
You kill the son of a bitch if you have to, just do it.
Man: Excuse me.
Dr.
Reberty, did you record what the court just heard? Reberty: Yes, I did.
Is this the cassette you used? Yes, it is.
woodleigh's already filed his notice of appeal.
Thought you'd be interested to know.
we made our point.
which was? Money can't buy everything.
Keeps a lot of lawyers busy.
$2 million for a kidney.
Last I heard, the whole human body in raw material isn't worth more than 98C.
Good night, gentlemen.
Good night.
You never answered woodleigh's question - the one we had stricken.
would I have done what woodleigh did if it were my daughter? God, I hope not.