Law & Order (1990) s13e21 Episode Script

House Calls

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.
I can't believe it.
I told you about Melissa leaving the chorus of "Hairspray.
" Uh-huh.
They gave it to Lilith "the bitch" Miller.
That girl can't carry my tap shoes.
You'll get the next part.
I killed in my audition but they said I was too old.
She's six months older than me.
But, I didn't sleep with the choreographer.
(SCOFFS) Back in Minnesota, you'd be locked up for staring like that.
Well, in New York, I get a dental plan and a pension.
(LAUGHS) Forget about her.
She's not your type.
What type is that? The type that can afford to shop here.
Did you see that? Miss.
She's probably scared out of her mind.
I know you can hear me, Miss.
At least she can't go anywhere.
Miss, we're coming in.
Oh, my God! No one, absolutely no one from the store touched her.
That I can swear to.
That's good.
Our lawyer told me to tell you we have surveillance cameras running 24 l7.
That's good, too.
Let me ask you something, you call your lawyer first or us? Are you implying something? All right.
I'll take a look at that surveillance tape.
I'm duping one as we speak.
You can see for yourself.
Hey, we actually pay attention to our security monitors now.
Thank you, Winona.
Excuse me? She was trying to rip us off.
Let me know if there is anything else we can do.
Hey, man, it's nice of you to show up.
I'm tired, hungry and cranky.
Mom forgot to pack my morning snack.
Anyway, customer fell, hit her head on the corner of the stool.
DOA.
Sounds like a civil suit waiting to happen.
Well, the store's already circling the wagons.
Detectives This was under the body.
Diabetes? This is not an insulin syringe.
Well, we have ID.
Nadia Parkova.
Model.
Likes martial arts, dancing and horseback riding.
So do I.
You know, Ed, I've heard about this, but I never thought it could actually happen.
What's that? She shopped till she dropped.
She had this with her? It sounds like she's not supposed to.
It was filled with Deverol.
The Cadillac of painkillers.
When I had my appendix out they gave me that.
I liked it.
Don't we all.
That's probably why you can't get it outside of a hospital.
Let me tell you, this girl needed all the pain killers she could get.
Hairline clavicle fracture, three broken ribs.
All that from the fall in the store? No.
Ribs look a couple of months old, already starting to set.
Clavicle, six months to a year.
Full-contact modeling.
There's a pay-per-view special I'd ante up for.
Besides Deverol, the preliminary tox screen showed traces of Valium and Halcyon.
So what was the cause of death? Coronary arrest.
She was dead before she hit the ground.
So it's not a homicide and we can catch an early lunch.
Uh, sorry.
But I'm not going to check the "Natural Causes" box just yet.
There was blood pooled in her kidneys and stomach.
And the stomach bone's connected to the heart bone? Look, the pounding I think this girl took, it couldn't be good for her heart.
I've got some more blood work to run.
I'll let you know.
(MAN SPEAKING IN RUSSIAN) (REPLYING IN RUSSIAN) ED: What did your father say? I'm sorry.
This How could we dream this nightmare for her in states Papa loved Nadia very much.
I'm sure he did, Lena.
Did Nadia live with you and your parents? Yes.
We're very a close family.
Uh Did you know that your sister had broken ribs? Oh, it was terrible accident.
She fall down the stairs.
But not serious She was going to be great model.
Make lots of money.
It is so hard for Papa to get work in this country.
So she was helping him out? Yes.
Um Did Nadia have a boyfriend? No.
What did she do when she wasn't working? Nothing.
(SHOUTING IN RUSSIAN) (SCOLDING IN RUSSIAN) (QUESTIONING IN RUSSIAN) If Nadia's heart died, why so many questions? Her heart attack may have been the result of other injuries.
Maybe somebody hit her.
No.
Talk to hospital doctor.
He tell you Nadia have accident.
Sure, Nadia.
I remember her.
Never forget a pretty face? Especially when it comes with three fractured ribs.
Hey, you remember how she got 'em? Oh, the language thing Something about stairs.
But you didn't believe it? You don't get bruises like she had from falling down stairs.
You know, you're supposed to report that sort of thing.
Yeah.
I did report it.
Although her mom and sister screamed holy hell when I did.
The police came down here, talked to the three of them for hours and then decided it was all a false alarm.
They told me it's very hard to make a case for abuse when the complainant doesn't complain.
And it's hard to complain when you don't speak the language.
Oh, she spoke well enough through the little girl.
Look, none of them wanted the cops involved.
I figured it was some sort of green card thing.
Immigrants, what can I tell you? Hey, you can't help people who won't help themselves, huh? We hand out freebies and they won't even take the time to learn our language.
I shouldn't have said that.
You caught me on a bad day.
I apologize.
Look, I can tell you this, the one thing the three of them were concerned about was how quick Nadia could get back to work.
So they were okay with the internal bleeding? Hey.
I X-rayed the girl.
If she were bleeding internally, I wouldn't have let her out the door.
Wouldn't you know it? I finally got her a national print campaign for Abbott Merchandising.
It could have been her big break.
She didn't look like she'd have trouble getting work.
Oh, Nadia was pretty enough.
But it's a tough world out there.
An inch here, an ounce there, it's the difference between Elle McPherson and Cookie Rutigliano.
Who is that? That's my point.
Nadia had a nice face.
She was a nice girl.
But her thighs kept her off the runway.
And her hips kept her out of swimsuits.
Maybe if she spoke the language just a little.
Well, if she didn't speak English Money talks, Detective.
In any language.
I wrote down dates and addresses, she showed up and collected a check.
You mind if I ask, how did it happen? That's what we're trying to find out.
But she wasn't shot or anything? Why do you say that? It was always something with her.
Twisted ankle.
Burns from spilling soup.
She sounds accident prone.
Yeah, that's it.
Always falling into some guy's fist.
Any guy in particular? You know who you should talk to Her friend, Velida.
Bigger thighs, but hands to kill for.
At least she speaks a word or two in English.
Which ones? "I pretty.
Give me.
" If you want to know truth, Nadia wasn't happy to be model.
She was shy.
Self-conscious.
Made her uncomfortable.
BRISCOE: Then why? Better than walking streets, no? What else she gonna do? Be brain surgeon? She got family.
She gotta pay rent.
Not to mention a boyfriend who knocked her around.
What? Who? We know all about him, Velida.
(SCOFFS) Anthony was idiot, but he never hit Nadia.
ED: Then how did her ribs get broken? She fall down stairs.
With a little encouragement from Anthony? Look, he told her he's big time Charlie.
He gonna make her star.
Like hell.
He's just bum loading boxes.
She told him hit the road.
He knows if he hit Nadia, her father break his neck.
Ugh This here's just a place to hang my hat till the ol' ship comes in, you know.
By that you mean Nadia Parkova? Yeah.
Sure, Hef and Gucci rejected her, but Flynt, Old Larry's gonna come through.
You'll see.
She'll be a centerfold yet.
Miss Whatever.
Then she'll come back to me.
I can't imagine why Nadia left a charmer like you in the first place.
Yeah.
You can say that again, pal.
So what's up? She do something wrong or what? Well, I wouldn't hold my breath till she comes back, Anthony.
She's dead.
Dead? Don't worry, you'll find another punching bag soon enough.
What? You think I hit her? Somebody did.
You look a little nervous there, Anthony.
Yeah.
Why not? I'm the ginzo boyfriend, right? I work at a loading dock.
Go out.
Have a couple of pops, come home and beat the old lady, right? Yeah, I seen that movie a million times.
Yeah.
So have we.
Yeah.
Well, it's different this time.
Look, I couldn't be with Nadia for more than two seconds without her collapsing out of exhaustion.
I told her, "You gotta take a break, life's too short, you're too young.
" You know what she'd say? "Papa said must have to work.
" Look guys, you can arrest me, but anybody, anybody who tells you I hit that girl is a damn liar and will go directly to hell.
You're actually buying any of that? Hey, without a witness, I have to.
You know, my daughter broke her toe when she was eight.
I had a three car escort with lights and sirens all the way to St.
Vincent's.
So you're thinking Nadia's old man beat up on her? Hey, his kid's in the E.
R.
You don't think it's odd he didn't even check in to see if she was okay? Maybe he was busy? Doing what? Eating borscht? Look, I'm not saying he wanted to kill her.
Maybe she was tired like Anthony said.
Maybe she wanted to take a vacation.
But Dad knows the family can't pay the rent if she takes one So we just go ask him if he was beatin' up his daughter? I'm thinkin' it might be a better shot to talk to daughter number two.
LENA: Papa is smart.
But get only odd jobs.
He The language is hard for him.
Well, not you.
You speak real good.
I speak "well".
How many times I gotta tell you that, Lennie? Yeah.
That's a tough one, Ed.
You know, Lena, my Dad, when he got laid off, he almost went crazy sittin' around the house doing nothing.
Then he'd go out to the bars and get in all kinds of trouble No.
Papa is proud.
He wants to get American.
Well, thank God for Nadia.
I mean, y'all have a nice place to live, food, clothes.
Yeah.
Did she ever complain? Of course not.
She never said, "I want to take a break from working.
" You know, "have a little fun.
" No.
She wouldn't do that, Ed.
Dad wouldn't put up with it.
ED: You're right.
Somebody's got to put food on the table while he sits around all day.
You know what I think, Lennie.
I think Nadia tried to stop.
ED: Daddy got mad No! You know what, Ed? I think maybe we should just arrest him and let the lawyers figure it out.
No! Papa no hit her.
Doctor, she knows.
Talk to Doctor.
She tell you Papa not hit her.
I was treating her asthma.
That was the least of her problems.
Imagine not being able to fill your lungs with air as your minor problem.
Freud says asthma is a crying out for your parents.
In Nadia's case, it was a crying out to be free of them Or what they were asking of her anyway.
She told you that? She didn't have to? I saw the look on her face when her little sister was giving me her history.
That poor girl was supporting four people since she was 15.
She should have been going to the prom, staying out late and cutting school.
Well, she had a lot of injuries, Doc.
And, huh, we think her father may have caused them.
Oh, he caused them all right.
But not how you think.
What? You saying he didn't hit her? No way.
She was his meal ticket.
Nadia hated her life so much and she felt so guilty about it she intentionally injured herself trying to escape it.
You saying she pushed herself down the stairs? So to speak.
Accidents aren't always as accidental as we'd like to believe.
So you just patched her up and prescribed some Deverol? What makes you think I gave her Deverol? She injected herself with it just before she died.
Saracin and Bronchitrol are the only medications I prescribed.
They're both breathing aids.
Add in Deverol to either and you'll end up with cardiac arrest for sure.
ED: The M.
E.
Ran a second tox screen.
The girl probably took the asthma medicine that morning.
Yeah.
We figure her old bones started to ache from all that heavy shopping so she went in the dressing room, shot herself with Deverol.
And it's the combination that killed her? Exactly.
Uh, this Dr.
Abrams says that any halfway competent doctor would have known that and the M.
E.
Agrees with her.
Which makes this malpractice, not murder.
I don't think her folks would agree with that.
Hey, well, luckily they don't write the laws.
Ah, the vote is in, Ed.
Once again you didn't win Mister Sensitivity.
Hey, man.
, I feel terrible.
It's a God's honest shame what happened to that girl but that don't make it a crime.
If whoever sold Nadia the Deverol didn't ask the right questions, it is.
And you don't think she was obligated to tell the doctor what other meds she was taking? Doctors aren't mind-readers.
Yeah.
I've got to admit, there are bigger dangers in society than a doctor selling pain killers to a Christie Brinkley wannabe.
ED: Thank you.
That is if we're even talking about somebody with an MD after his name? Well, let's find out where she got the Deverol and then we'll continue the debate.
We're trying to help you, Mrs.
Parkova (SHOUTING IN RUSSIAN) (COMPLAINING IN RUSSIAN) Uh, the medicine Shot Nyet.
(REPLYING IN RUSSIAN) Lena, you have no idea how glad I am to see you.
Dr.
Abrams she tell you nobody hit Nadia? BRISCOE: Yes.
That's what she said.
Good.
Then why you not leave us alone? It turns out somebody gave Nadia some medicine that killed her.
(QUESTIONING IN RUSSIAN) (SPEAKING RUSSIAN) We don't know anything.
Did you ever see your sister inject herself? For what? Only medicine she takes is to breathe.
So what pharmacy did she get the asthma medicine from? Bercks.
Around corner.
ED: Thank you.
Liquid Deverol? Not me.
We don't keep it.
I don't give it.
Frankly, I don't know a doctor that would prescribe it.
So how does a patient get a hold of it? He wouldn't.
Unless he was post-op in a hospital.
So, the only prescriptions you filled for Nadia were for her asthma? I didn't say that.
She was in here so much I joked I should put her on payroll.
Yeah, that's funny.
Yeah Asthma, migraines, uh, depression, insomnia.
She was a doctor's dream.
Pharmacist's, too.
You know that's strange because Dr.
Abrams said she only prescribed asthma medication.
Sure, but there was another doctor who called in prescriptions Yeah, here it is.
Dr.
Ellis Heinz.
Guy acted like he was doing me a favor renting space from me.
Maybe he was.
I've had my fill with doctors, thank you.
I'm going to renovate.
Maybe get an accountant.
You know, someone you know you can't trust from the get-go.
So what was the problem with Dr.
Heinz? Well, how does six months behind on the rent sound? And it's not like he was hurting either.
This place was always packed with sickies.
What kind of doctor was he? I don't know.
Oh, but once I saw what's her name, you know, from that movie in here.
No kidding? Yeah.
She wasn't the only one either.
You know when he moved? Oh, about three months ago.
Right after we served him with papers.
Sorry, that's the last address I have.
Don't doctors have to keep you up to date? Sure, if they want the Medical Association magazine Sometimes after doctors retire they forget to tell us.
So what else you got on Dr.
Heinz in here? He got his degree from Guadalajara, Mexico.
Why am I not surprised? I'll have you know some of this country's finest practitioners studied abroad.
What about after he graduated? Ah, passed the boards in '83 Interned at Queens Community Medical Center.
No specialty.
No board certification.
Does he have any, uh, customers' seals of approval? There was one complaint if that's what you mean.
But it was dropped.
A Doug Barsky.
BARSKY: Ellis is a first rate MD.
Here.
Look at this.
Like a bar mitzvah boy.
Botox.
Not a wrinkle to be found.
The guy works magic.
Well, if you like him so much why'd you complain to the Medical Association? Well, it had nothing to do with his doctoring.
That was strictly business.
I mean, you know what they say about doctors.
No, actually, I don't.
They go to med school because they're bad with money.
Ellis tells me about a building he's buying, medical suites, very upscale, the whole nine yards.
He figures cash flow'll turn positive in a year tops.
He just needs some cash for bridge financing while he does some renovations on the joint.
Like a jerk, I help him out.
Sounds like things didn't go according to plan.
There was no joint.
Someone outbid him.
Oh, and he forgot to tell you? Yeah.
Pissed me off to no end.
That's why I made the complaint.
Yeah, but the Medical Association said you dropped it.
Sure I did.
He apologized.
A good doctor is hard to find.
Hey, hold on.
You still use him? Yeah.
He comes here once a month, like clockwork.
What for? Hey, nothing lasts forever.
The guy is amazing.
How many doctors you know still make house calls? You got a number for him? I tried him last week.
It was disconnected.
Y'know, I wonder if he made a house call to Nadia? If he did, I wonder how he slipped past the family.
Hey, it's, uh, never too early, you know? We know all about Dr.
Heinz, Lena? Who? You know what, Lennie, I'm starting to think that Lena's in on this.
Why else would she protect a jerk like Doctor Heinz? No.
Why? I love Nadia.
So why are you lying to us? My partner's got a point, Lena.
If Dr.
Heinz promised to pay you No.
He's a good man.
Then why didn't you tell us about him? My sister's dead.
I just want police to leave us alone.
Dr.
Heinz is famous doctor.
He help Nadia.
Not hurt.
And what makes you think he's famous? See? Famous.
"Ellis Heinz, MD Doctor to the Stars.
" That little girl thought that we were the bad guys.
I guess cops in Russia aren't as revered by the public.
Oh, what a weird place that must be.
Is there an address attached to this number? Mmm-mmm.
It's a cell phone.
They send the bills to a P.
O.
Box.
Well, it's kind of embarrassing.
Uh, Doug Barsky told me you were the best Uh-huh.
No.
No.
No problem Yeah.
I'll see you then Well, luckily, the good doctor has decided to squeeze me in.
He gonna make a house call here? No.
It's a restaurant on 10th.
It's where he sees all his patients.
I'd hold off on the procedure if he orders the chili.
(CHUCKLES) Dr.
Heinz? Leonard? Thanks for meeting me.
I like to meet patients here.
It tends to lessen the initial anxiety.
And if that doesn't work, a little shot of Deverol will.
Excuse me.
Do you know him? Well, sometimes he wishes I didn't but, yeah, he's my partner.
Maybe you'd like to come down to our office for a little chat? Nadia Parkova couldn't sleep, I prescribed Halcyon.
She had migraine headaches, I prescribed Valium.
Actually, we're more concerned about the Deverol, Doc.
I removed a mole from her neck.
It's minor surgery but it's still painful.
Thus the painkiller.
Is there something we're missing, Detective? Yeah.
Most doctors won't have anything to do with liquid Deverol outside of the hospital.
I'm not your typical doctor.
Gee, I didn't notice.
A licensed professional administered a legal drug.
That's all hunky-dory except the patient's dead! Well, that's unfortunate.
Bottom line is that if she'd been honest with Dr.
Heinz she might be alive today.
(OVER SPEAKER) As you can see from the forms she filled out herself and signed, she didn't inform Dr.
Heinz she was taking any other medications.
I don't know who disgusts me more.
Doctors or lawyers.
Well, maybe this'll help you make up your mind.
As far as I can tell, Dr.
Heinz didn't break any laws.
So, what? We just have to let him go? Unless he double-parked in front of the restaurant, we have no choice.
But, I'll give Southerlyn a call.
ARTHUR: He doesn't have an office? He was evicted for non-payment.
He advertises by flier? That's how the victim found him.
He meets his patients in a restaurant? He says it cuts down on overhead and therefore patients' bills.
Which gets him closer to a humanitarian award than a malpractice suit.
Actually, I was thinking about door number three.
He's unorthodox, Arthur.
He's weird.
But there's never been a complaint about the way he practices medicine.
Well, there is a dead girl here somewhere, isn't there? Dr.
Heinz claims the victim never told him she was taking asthma medication.
Well, did she? It wasn't on the patient questionnaire that she filled out and signed.
And nothing even remotely suggests that she told him otherwise.
Well isn't this just wonderful? You know, there always is the possibility that he didn't do anything wrong.
Do you buy that? SERENA: No.
My doctor never sent me home with a syringe full of anything.
Show me the crime, I'll be more than happy to prosecute.
Deverol is a narcotic, Jack.
He let Nadia Parkova self-inject.
She could have overdosed.
She could have passed out while driving a car You know what I want? I want this guy stopped before he kills somebody else.
Now find something to charge him with Anything.
Nadia like me.
She love mustard.
You must miss her a lot.
It is hard on Papa But I will help.
Miss Andee say soon I will be ready to have pictures in magazine.
If I am pretty enough.
You're very beautiful, Lena.
Like Nadia? Miss Andee say my lips are thin.
I don't agree at all.
I'd like to ask you a few questions about Nadia, if that's okay? Dr.
Heinz did not know.
He would never hurt her.
Of course he wouldn't.
Were you there the first time he met Nadia? Yes.
At restaurant.
Why did Nadia want to see him? She had terrible headache.
He make it go away.
With a shot? Yes.
Then he saw a spot on Nadia's neck.
He cut it off to make her more beautiful.
Did you translate for Nadia? She work too hard to study English.
So you helped her fill out the questionnaire he gave her? Yes.
I translate.
Did Dr.
Heinz ever ask Nadia if she was on other medication? Lena? Yes.
He asked.
What did you tell him? Exactly what Nadia tell me.
She not take any medicine.
Am I in hot water? Of course not Do you know where Nadia got this pamphlet? From her gymnasium.
RICK: Damn, I knew this would come back to bite us in the butt.
No one's accusing you of anything, Rick.
It was Kathy.
She did it all on her own, never asked anyone about it.
Besides, our lawyers swore to me we're not responsible for anything that lunatic does.
Kathy? No, no, no.
She's just an actress.
I mean, what kind of doctor advertises on fliers? So, Dr.
Heinz is the lunatic you're referring to? Doctor to the stars? Give me a break.
Kathy McGarity ain't no Angelina Jolie.
And Kathy is the one that passed out these fliers? She stuck them in the members' lockers.
Without knowledge or approval of management.
I'd like to talk to Kathy.
She's with her trainer as we speak.
The man works miracles.
That's why.
He asked you to pass out this flier? I offered.
You have no idea what it's like working on the set of a soap opera.
Thanks.
Give me a break, huh? Sixteen-hour days in four-inch heels.
I gotta tell ya by the end of the season my back is so bad they had to put me in traction for a month.
Dr.
Heinz helped you with that? He cured it.
In one visit.
And I'd be lying if I told you I hadn't been to every so-called specialist on the East Coast.
Let me guess.
A shot of Deverol? I'll tell you the truth, I wouldn't mind if he was sticking pins in a little doll and doing a rain dance.
The pain is gone.
So you're still seeing him.
As often as possible.
Never felt better.
Deverol will do that.
How did you find him in the first place? My apartment was being painted about six months ago, so I moved into the Parkside Inn.
Anyway, the back goes out and my regular doctor was away for the weekend.
Unreachable.
The bellhop, Trinidad, he's restocking my mini-bar, he hears me moan, he gives me Dr.
Heinz's name and number.
You trusted the bellhop? I can see you've never had back problems.
I'm in the service business.
People, they come in here expect to be treated better than if they were at home.
But providing illegal services? What illegal? If your friend from out of town gets sick and you give him your doctor's name, did you break the law? If I got paid for making the recommendation.
Who said I got paid? Look I don't want to make any trouble for you, Trinidad.
That's good, 'cause I got a kid that'd like to be a doctor someday.
Last I looked, that requires college and college requires money which requires I earn a living.
How did you hook up with Dr.
Heinz? Mr.
Amsterdam swears by him.
Who's Mr.
Amsterdam? He lives permanent in 4914.
Thank you.
Do you know how painful real depression is, Miss? It's unbearable.
You're afraid to go to sleep at night because you're afraid you'll actually get up the next morning.
Then what? Then you spend the rest of the day getting ready to start the whole damn thing all over again.
I didn't know Dr.
Heinz was a psychiatrist.
He's a healer.
A specialty, it seems, they've stopped teaching at most medical schools.
Sure, I saw a shrink.
Dr.
Howard Alston.
The Pied Piper of Park Avenue Pill Poppers.
Zoloft, Paxil, Lexapro.
I've popped them all.
And Dr.
Heinz? Got me off the couch after two visits.
He had a magic potion did he? Yes, he did.
And that's all I'll tell you.
If he's doing something illegal Then there's something wrong with the law.
Good day.
Do you know why Randall Amsterdam lives in a hotel? Is it relevant? Because last year I suggested he get away for the weekend.
His apartment is across the street.
That's kind of funny.
It would have been, if he didn't have a panic attack and was too embarrassed to call me because he swore he was going to Palm Springs.
So he opened the Yellow Pages And he found Dr.
Heinz? Who quickly convinced him I was a quack.
Mr.
Amsterdam told me that you prescribed him an assortment of medications.
That's right.
Antidepressants.
None of which are physically addictive.
Are you saying that Dr.
Heinz got him hooked? Deverol is an opiate.
Sure a shot makes a patient feel great.
The second shot makes him feel even better.
Eventually, he can't live without it.
Why didn't you report him? To whom? For what? He's a doctor.
He's not selling crack cocaine.
You'd think Mr.
Amsterdam's insurance company would become suspicious.
Randall's from money.
He doesn't bother with health insurance.
The perfect patient.
You have no idea how perfect.
Randall had this fabulous collection of primitive African woodcarvings.
It was his pride and joy.
I was at an auction, maybe a year ago and there were his two best items.
Minimum bid: $100,000 each.
But the listed seller was Dr.
Ellis Heinz.
I was still treating Randall at the time, so I asked him what happened.
He said he gave Heinz a gift for helping him.
He's a predator, Jack.
He targets wealthy, weak, desperate people.
Nobody complains because they're dependent on him.
What's this got to do with Nadia Parkova? I don't know.
But Arthur told me to find something to charge him with.
The shrink told me that in the past year Randall Amsterdam paid over $250,000 to Dr.
Heinz and that doesn't include gifts of artwork and God knows what else.
That proves he's expensive, Serena.
Not criminal.
Maybe you're being too literal here.
Do you have any evidence that Heinz knowingly or recklessly gave Nadia a lethal combination of drugs? No.
Then literal keeps us away from a malicious prosecution suit.
We have a colorable claim for fraud, Jack.
Or larceny.
Or both.
Do we? Dr.
Heinz used drugs to make his patients dependent on him.
The drugs impaired their judgment and then he conned them out of money.
You have one patient, Serena, and from what you've told me, it doesn't sound like Mr.
Amsterdam is gonna be all that anxious to help us.
If we charge him and we make a big enough splash when we do, who knows what disgruntled patients will come out of the woodwork.
I mean, we want him off the street before there's another Nadia Parkova, don't we? Call Van Buren.
I'll call Jim Switzer of the Daily News.
Dr.
Heinz? Anita? Yes.
Thank you so much for meeting with me.
Well, it's my pleasure Hey, gee, Doc, I get this funny feeling I've been here before.
Oh, that's right, I have.
Ellis Heinz, you're under arrest for fraud and robbery.
You have the right to remain silent.
Anything you say can be used against you in a court of law "Docket Number 365743 "People v.
Ellis Heinz.
Charges are Theft by Larceny in the First Degree "and Theft by Fraud in the First Degree.
" Marion Seaver for the defense, Your Honor.
The pleasure's mine, Counselor.
How does your client plead? Outraged.
The State has some sort of perverse vendetta against my client.
First it attempted to ruin his reputation by accusing him of homicide and now this.
Can I take that as a not guilty? Yes, Your Honor.
I'd like to hear it from the defendant if that's not too much trouble.
Not guilty, Your Honor.
Ms.
Southerlyn? The People request $250,000 bail.
That is the vendetta I'm talking about.
My client is a well-respected physician.
Then he'll have no trouble coming up with the dough.
Bail is set at $150,000.
Next.
(BANGS GAVEL) I understand "try try again," but your third "try" will end with you sitting on the other side of the aisle in civil court.
We're a bit past the time for empty threats, Mr.
Seaver.
Only this isn't empty.
You charged a man with two felonies and have exactly zero evidence.
Call me crazy, but if I paid a doctor over $200,000 in twelve months, I'd expect two new kidneys, minimum.
That's so not funny, it's insulting.
We both know this has nothing to do with Randall Amsterdam.
With your client, I'll take whatever I can get.
I am shocked that Nadia Parkova is dead.
It breaks my heart.
But I had nothing to do with it.
Just because we can't prove that you're guilty doesn't make you innocent.
What bothers you so much about me? That I don't have an office with pretty nurses and a waiting room.
That I don't look like one of those compassionate, sweet doctors you see on television.
Maybe I don't fit into the nice little box that the Medical Association likes to paint and sell to the American public.
But let me tell you one thing, patients are running as fast as they can from that box and they are running straight to me.
Because you dope them up.
Because I ease their pain.
That is the oath that I swore to uphold.
Yes, this has all been fun, but I think we've wasted enough of the doctor's valuable time.
My motion to exclude everything Mr.
Amsterdam's former psychiatrist told you.
Turns out that pillar of the medical community breached about 12 rules of medical ethics when he talked to Miss Southerlyn.
The bottom line, Your Honor, before the prosecution spoke with Dr.
Alston Remind me again which one that is.
Certainly.
He's a psychiatrist.
He treated my client's patient, Randall Amsterdam, for 15 years.
I guess time doesn't heal all wounds.
Well, that's for later discussion.
But getting back to my point, before Miss Southerlyn spoke with Dr.
Alston the State didn't have enough evidence to charge Dr.
Heinz with littering.
I believe that's the point of an investigation.
An investigation which trampled doctor-patient privilege.
And your client is neither the doctor nor the patient in question.
It's well-settled that the privilege does not extend to third parties.
The purpose of privilege is to encourage free communication between doctor and patient.
Public policy therefore demands that such communication not be violated by over-zealous prosecutors.
You should have warned me, Mr.
Seaver.
I would have brought my violins.
It's a question of standing, Your Honor.
It's a question of ethics.
JUDGE: You're both wrong.
It's a question of hearsay.
This Dr.
Alston can't get on a stand in my courtroom and testify to what a third person told him about the defendant.
Now would the two of you cut the bull and tell me what's really going on here? The defendant recklessly caused the death of one of his patients.
Which Mr.
McCoy can't prove so he went back to his laboratory and concocted these bogus charges.
Just as long as we're all clear on what's going down.
The shrink's testimony is out.
Any public outcry at the news of Dr.
Heinz's misfortunes? Not the kind that we wanted.
Twelve calls all claiming he's the best doctor they ever saw.
I'm sorry, Jack.
I dug the hole and pushed you in.
Yesterday, I would have been angry.
And today? I met the good Dr.
Heinz.
I know coyotes who don't cover their tracks as well.
You know what we need is a patient who no longer has any use for him.
Or the family of such a patient.
He is not crook.
I told you before.
We never spoke about money, Lena.
(SPEAKING RUSSIAN) (SPEAKING RUSSIAN) Did your sister pay Dr.
Heinz with a check? No.
She paid him in cash? He not want money.
He treated your sister for free? He know we are not rich.
He say wait to pay.
Wait until she's addicted Nyet.
(REPLYING IN RUSSIAN) (SPEAKING RUSSIAN) Mama not like drug addicts.
Did Dr.
Heinz ever give Nadia any kind of bill? Bill? Money? JACK: Yes.
LENA: No.
No.
He say wait to pay.
He say I will be famous model someday.
Make lots of money.
More than Nadia.
Because I want to work.
Pay him then.
I want to be great model.
Famous on television.
Here, bill.
JACK: Dr.
Heinz gave you this? No.
That's, that's not a bill.
This says Nadia shouldn't self-inject Deverol within twenty-four hours of taking Bronchitrol.
That's the asthma medication that Dr.
Abrams prescribed.
Lena lied to me.
Dr.
Heinz said he didn't know anything about the asthma medication.
Re-indict him for depraved indifference homicide.
ABRAMS: I'd been treating Nadia for almost two years.
She suffered adult-onset asthma.
And what course of treatment did you prescribe for her, Dr.
Abrams? Initially, I gave her breathing exercises and then I prescribed a series of antihistamines.
And they weren't successful? Well, at first they were.
But Nadia's symptoms grew worse.
She had several incapacitating attacks.
She couldn't breathe.
She couldn't move.
She couldn't function.
That's when I prescribed Bronchitrol that's an albuterol sulfate bronchodilator.
She was supposed to inhale it only when she felt an onset of an attack.
Does that affect a patient's heart, Doctor? Simply, yes.
It's a stimulant.
It can dramatically increase cardiovascular activity.
Is that dangerous? Not in someone young and vital like Nadia.
What if she were also taking an opiate such as Deverol? It typically takes the heart from the stimulation caused by Bronchitrol.
If she waited the 24 hours, there's a good chance nothing would happen.
And if she didn't? There's a good chance it would cause cardiac arrest.
So, in your opinion, it would be sound medical practice to tell a patient to wait 24 hours before taking Deverol? The body is not a Swiss timepiece, Mr.
McCoy.
Different people react differently.
To be safe, I wouldn't let a patient take Deverol at all.
If it were absolutely necessary, I would insist that he or she wait a minimum of 48 hours.
So a physician who told a patient to wait only 24 hours Is gambling with that patient's life.
The Physicians' Desk Reference says all this, does it? It says a 24-hour separation is the bare minimum.
Not 48? The PDR is a guide for physicians.
It's to be interpreted not by laymen, but by professionals who have a thorough understanding of pharmacology and biochemistry.
You mean to doctors Call me crazy, but I don't think that's what it means at all.
And what medical school did you go to? Harvard.
But I'm asking the questions.
True or false, Doctor.
Did you recommend that Nadia see a psychiatrist? Yes.
Why's that? She was self-destructive.
She had more than a few serious accidents.
She tried to hurt herself? I thought that was a possibility.
She was overwhelmed by responsibility.
She didn't like herself very much.
And perhaps she tried to run away from her miserable life for good.
JACK: Objection.
Nadia spoke very little English.
She didn't have a chance to go to school like you? Yes.
She had to work.
She make money to take care of us.
And you helped her communicate when necessary? Yes.
JACK: So you were with her when she met with Dr.
Heinz? Yes.
Why did Nadia go to see him, Lena? She had terrible headache.
Couldn't work.
Make her cry.
And he gave her an injection? Yes.
Did he ask her if she was taking other medicine? Yes.
She fill out form.
Approach the witness, Your Honor? Go ahead.
Is this the form? Yes.
What does it say under "Other Medications?" None.
So Nadia lied to him? No.
We didn't understand.
That day she didn't take other medication.
Is that really what happened, Lena? No.
Nadia thought that he wouldn't help her get rid of headache if he knew about other medicine.
Did there ever come a time when Dr.
Heinz learned that Nadia was taking asthma medicine? Yes.
The second time we saw him.
He came to house to cut off mole.
He make Nadia more beautiful.
Mama show him Nadia's other medicine.
JACK: And what did he say? I wasn't there.
I was in school.
But he wrote instructions for me to read to Nadia.
Why didn't you tell the police right away that Dr.
Heinz knew about Nadia's asthma medicine? I didn't want trouble for him.
He said someday he would give me beautiful lips to be famous model.
Are these the instructions Dr.
Heinz left you to read to Nadia? Yes.
Please read them to the court.
"Do not take injection of Deverol "within two-to-four hours of Bronchitrol.
" That isn't what it says, is it, Lena? Yes.
It says 24 hours, doesn't it? Who's testifying, Your Honor? JUDGE: Take your time, young lady.
Did you tell your sister I I don't know (SOBBING) I don't know what I tell her I'm not sure.
I'm sorry, I don't know.
I don't know.
Have you reached a verdict? We have, Your Honor.
JUDGE: On the sole count of the indictment, Second degree murder, how do you find? We find the defendant, Ellis Heinz, not guilty.
It looked like a crime.
It smelled like a crime.
It felt like a crime Oh, what Heinz did is a crime all right.
The only problem is Albany hasn't realized it yet.
He was peddling hope and there's nothing more addictive.
The good news, Lena will now be able to get her "beautiful lips.
" Ain't America great.

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