Law & Order (1990) s16e16 Episode Script

Cost Of Capital

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.
Check this out, kid.
What the hell you doing with those, man? $1 million.
What you think I'm doing? Nobody in history has ever won cash playing with these, man.
That's because no one has ever played 100 at one time.
What I tell you, dog? Dude, you should earn your own money.
All right? Come on, man.
Talking about earning.
You work your whole life and you still won't earn a million dollars.
Check this out, man.
Who are these guys? They live nearby.
Said they've never seen him before.
But a woman in that building saw an older SUV, white, idling here last night.
Said it was splashed with dirt.
She get a plate? She didn't think to.
I asked what time she saw it.
She just said it was late.
Her info.
What you got, man? Male, black, early twenties.
Some trauma on the back of the head and some bits of green glass.
You mean like a bottle? Yeah, wine bottle probably.
But don't go looking for it around here.
Lividity shows he was moved.
Help me out.
All right.
Hold on.
Hold on.
Hold on.
Derek Miller.
He's 25.
Tribeca address.
Wait a minute.
Wasn't robbed.
Had an ATM receipt with a $318,000 balance.
Says associate with Morgan Keener, an investment banker.
Money can't buy happiness.
He died between midnight and 2:00 a.
Body temp says he wasn't outside more than two hours.
You think those bumps on his head did the trick? Indirectly.
Actually, he drowned.
His clothes were dry when we found him.
He drowned on his own vomit.
Tox screen turned up high levels of cocaine and alcohol, but not enough to overdose.
Blow to the head probably triggered a seizure.
Any sign he put up a fight? Nothing under his nails.
No bruising to the face.
But it does look like he'd been twisting some nice sheets before he died.
Silk fibers from the inside of his clothing.
Probably transferred from his skin.
Fine silk, actually.
Any indication he had sex? No foreign hair or residue, but I'm going to bet he was, and he was dressed post mortem.
His underwear is inside out, and his belt missed two loops.
Drugs and he got his swerve on.
That's a hell of a night.
Let's go.
Thank you.
I'm sorry, I don't know where my son was two nights ago.
Did he ever mention anybody that would want to harm him? Enemies maybe? I wouldn't know.
How about a girlfriend? Derek and I didn't talk much lately.
Were you having problems? I was very proud of Derek.
He was making more money than I could ever dream to.
But he worked through his sister's wedding and his mother's 50 birthday.
I told him only a fool would take that abuse.
He said fools don't retire at 40.
Hey, Joe.
Got a pay stub here, $300,000.
In the note section it says "Our secret.
" Do you have any idea who S.
is, Mr.
Miller? Has to be his boss.
Sophia Keener.
The secret was money.
His bonus was bigger than the other associates'.
Why hide that? That's banking, Detective.
It's not about how much you need.
It's about how much the other guy gets and making sure you get more.
Can you tell us why Derek got more than the others? Oh, he had great potential.
It was just our way of telling him to hang in there until he started making real money.
$300,000 ain't real money? It's a lot of money.
But when your managing director's only four years older and making five million, it's easy to feel underappreciated.
Especially to someone who worked so hard.
Did you set Derek's bonus? As managing partner in the firm, I do have a say.
But it's done by committee.
How much more did Derek get than the others? The other associates in his class maxed out at 150.
Did they know that? I doubt it.
No one ever asks the other guy's number and no one tells.
Last thing you want to find out is that someone else made more.
Was Derek having any problems with colleagues? I'm sorry, I don't know.
Do you know where he was Friday night? Detective, 300 people work for me.
I know few of them personally.
But bankers with fat wallets know how to have fun.
And I'm sure somebody he worked with can tell you where he was.
Best hamachi in the world.
There were 12 of us.
Could've bought a Hyundai for the price of that dinner.
Mark Rhodes You don't seem all that busted up about your friend dying.
Guys, the street don't sleep.
Well, pretend you can mourn till we're done talking to you.
Now, when did you finish at the restaurant? Uh, finished up around 10:00.
Then what? Uh, then over to The Baby Doll's on 8th Avenue.
Is that where all the coke came out? I don't I don't know anything about coke.
Derek had a whole lot in his system.
Like he'd been partying for awhile.
I'm a martini man.
I can't help you.
What happened at the club? $100 lap dances, $400 bottles of vodka.
Standard stuff.
Derek get into it with anyone? No.
But he was acting pretty cocky.
Was that about his bonus? Implying that he maxed out.
From what we hear, the amount he got would make somebody want to take a swing at him.
Not me.
I didn't even hear his number.
And I maxed out on bonus, too, so there's no way that Derek made more money than I did.
How much did you get? Derek got 300,000.
That's bull.
There's no way that Derek deserved that much.
Now I understand why Lucas wanted to kick his ass.
Lucas? Lucas who? Lucas Brody.
Him and Derek had words at The Baby Doll.
Where's his office? It's down the hall, but he's not in it.
I haven't heard from him since Friday.
I think he quit.
When was the last time you saw Brody? Stumbling in here drunk Sunday morning.
But I'm not just about to open that door.
He'll stick a lawyer on me.
Don't let that bother you.
We're authorized.
Just open the door and back away.
Get up.
We need to talk to you about Derek Miller.
Get up.
Come on.
Hey, where's the shower in this place? Derek's dead? How? You don't know nothing about it? No.
When was the last time you saw him? Come on, me? I didn't kill him.
Listen, we heard that Derek might've let slip his little bonus number, so So what? Aw, come on, man.
You were mad at Derek because of the money.
You got in a fight and things got out of hand.
No, wrong.
Look All that bonus told me was what a sham Morgan Keener is.
And that talent has nothing to do with who gets fat.
So what did you have to do to get fat? Nail the boss, I guess.
What does that mean? Two months ago, in Hong Kong, I went up to her hotel room to slip some research under her door, and I saw Derek walking out.
Shirt untucked, zipping up his pants.
Did you tell anybody? Of course not.
Keener was about to sign my bonus check.
I still thought I was getting a taste.
Was Lucas Brody trying to throw you offtrack? His cell phone use has him at 10 different bars from Friday to Sunday.
But nothing near the dump scene.
Anyone confirm him at the bars? Every single bartender.
Seems he couldn't stop bitching about his bonus.
Yeah, just 50 grand.
Poor kid.
Hey, listen, Derek Miller's cell phone, there was about 1,000 calls to Sophia Keener, but they worked together, so it doesn't necessarily prove an affair.
But we'd like to go talk with her.
Not without evidence of the affair.
You'll be knee deep in lawyers in two seconds.
You working on Sophia's story? She's the boss's daughter.
She has one kid.
She's been married to Robert White for 10 years.
Presently separated.
Three months ago, she filed a restraining order against him.
Threatened her with a knife.
According to the police report, she went over to his house to pick up their daughter.
He begged for a reconciliation, and when she refused, he took out a knife.
He own a white SUV? No, and neither does she.
Any priors? Nope.
Guess there's a first time for everything.
I was in the kitchen cutting an apple.
We argued for a couple of minutes, that was it.
Day later, out of nowhere, I get that order.
Had you ever been violent with her before? Never.
So for no apparent reason, your multimillionaire wife went and lied before a Judge.
Or her attorney cooked it up to improve her bargaining position in our custody fight over Katie, our daughter.
Do you know Derek Miller? No.
Dad? Did you call me? No, I didn't, sweetheart.
Can you go Go back to your room, okay? We about done? Derek Miller worked for your wife.
We heard that they were romantically involved.
L won't know anything about it.
Would it upset you if they were? Why would I care? I can think of a few million reasons why.
They don't apply to me.
Is it because you're seeing somebody too? That's none of your business.
Look, Sophia and I are done, okay? She can bed who she wants.
Where were you last Friday night? I still have access to the country house.
Katie and I were there all weekend.
Can anyone verify that? Our caretaker.
He arrived Thursday, left Sunday.
I didn't see him much.
Was he with anybody? The little girl.
Anybody else? Not that I saw.
Do you live on the property? For five years.
And do you recall what time you went to bed Friday night? Around 10:00 p.
Now, is it possible that Robert left without you hearing him? Don't think so.
I sleep right over the garage.
Can you show us? Yeah, sure.
Keener, she come to the house a lot? Sometimes.
Does she come alone or with men or It's not my place to discuss their personal lives.
All right, listen to us.
We're investigating a murder here, okay? Never saw her with a man.
That's a nice truck.
Ls it new? Yeah.
Robert bought it yesterday.
Oh, really.
And what did he use to have? Same model.
It's registered to a Queen Katie Incorporated.
What is that? That's the name of Robert's printing company.
And the one that Robert traded in, what color was it? White.
$9,999 and that beauty is yours.
All we want to do is borrow it.
Borrow it? Till the trial's over.
Where's your keys? I didn't kill anyone.
Okay, man.
Your white SUV, it's under a microscope in our lab.
We found Derek's blood and his hair.
Explain that.
I don't know what you're talking about.
We know he was in that vehicle.
He was in back of the SUV.
And he was either dead or dying when you hauled him to the dumpsite.
So why don't you just tell us where you and Sophia met up? Come on, Rob.
Your wife humiliated you.
She was sleeping with a younger black man.
You don't think we can sympathize with that? Maybe you just wanted to talk to Derek, tell him that you still loved Sophia, that he should back off.
He was coked up.
Things got out of hand and you defended yourself.
L told you I wasn't jealous of Sophia.
Look, man.
Just because you keep saying that don't make it true.
I'm seeing someone.
We've been together for five months.
We were together when you're saying this man died.
Well, the caretaker didn't see you with anyone at the country house, except your daughter.
I snuck her in late after my daughter went to sleep.
I don't think Katie's ready to see me with someone new.
We're gonna need her name and phone number.
Come on.
Her name and phone number.
Let's go.
Robert and I have been dating about five months.
And he kept you secret from his daughter? I've met Katie, but she doesn't know we're sleeping together.
The custody fight's been very hard on her.
Were you with him Friday night? Yes.
All night? At their house in Sag Harbor.
I came in around 11:00 and planned to leave before Katie was up.
Thing is, we know that Robert wasn't in the country all night.
We checked his cell phone usage.
He made a phone call from a Manhattan site at around 4:00 that morning.
He called you.
Did you know that the young man that Robert's wife was dating was murdered? You think Robert did that? Why would you lie to us about being with him? Robert wouldn't hurt anyone.
Do you know if he fought with his wife about her boyfriends, expressed any jealousy? His wife called the house around 2:00 in the morning.
After he hung up, he said he had to go into the city to see her.
Why? He wouldn't say.
You sure it was 2:00 a.
when she called? I looked at the clock.
When did he get back? After 6:00.
How did he explain the trip? He didn't.
But I know he didn't kill anyone.
Well, look, we've found this guy's DNA in Robert's truck.
So if you're covering for your boyfriend, you could be charged as an accessory.
I know he left at 2:00 a.
But if there was evidence in his car, I have something that may explain it.
Two days after Derek's murder, Sophia Keener gave Robert $10 million in cash and sole custody of their daughter.
For a year, she was holding firm at half a million and joint custody.
And Natalie was certain that Robert was with her until after Derek's time of death? She's certain and his E-Z Pass clocked in at the Triborough at 3:20 a.
So you're thinking that Robert helped her dispose of the body, and then got 10 million and custody for the effort.
It's not a bad deal.
Well, any hint why Sophia would want to kill Derek? Sophia's employment agreement with Morgan Keener contains a morality clause.
If she slept with a subordinate, it would violate that clause and they can can her.
Causing her to lose millions in cash and stock.
So maybe he was trying to blackmail her.
Yeah, but Derek's sleeping with a beautiful woman.
He's getting fast tracked in his career.
Why screw it up? She's the managing partner of the firm.
That's a major sexual harassment suit.
But how could she lose her job with her father at the helm of the company? Cause Daddy's only the chairman of the board.
No public company would want a scandal like that.
What was Sophia's alibi for the night of the murder? Her daddy.
Said she was having a meeting with him at his home, late.
Let's see if you could shake that loose.
Let's go talk to daddy.
Keener, your daughter lives six blocks away from you.
Why would she spend the night? We worked late.
I'd sent my driver home.
It was not uncommon.
That's a little odd, don't you think? Call it sympathy for an old widower.
Do you recall your daughter ever leaving the townhouse during the evening? She was in all night.
I recall setting the house alarm before we retired.
What time was that? Is there any chance she stepped out afterwards? Not without knowing the disable code, which only I know.
The reason we ask is because there was a phone call made to her country home around 2:00 a.
from a payphone in your neighborhood.
Now, that spot is equidistant between your two homes.
So if you could account for her going out to make that phone call, that would be great.
Why would she leave to make a phone call? There are over 20 telephones in my home and she has a cell.
The call wasn't made from any of those.
Perhaps someone else called her country home.
No, we're certain she made the call.
L think you're being lied to.
We're certain of that too.
Keener, if you're providing false alibi for your daughter, ain't enough money in the world to keep you out of jail.
My daughter had nothing to do with that man's death.
Any more questions, talk to my attorney.
Yes, sir.
That dude was lying.
Look, Sophia was at her place with Derek.
She brained him.
She ran out of the house to get some help, and she paid for it with $10 million and a custody agreement.
Think about it.
Derek Miller's dying, and she has the forethought to use a payphone? That's cold-blooded.
I think it runs in the family.
We gotta get a warrant.
Well, Ms.
Keener knows how to spend her dough.
Got a good maid too.
No blood or tissue anywhere.
But this tells me that there was another carpet here recently.
About three inches shorter.
Are there any glass slivers on the floor? Maybe from a wine bottle? Place is spotless.
How much do you think this carpet costs? Uh, I don't know.
About 15 grand.
How much you want to bet she didn't get rid of the old one? She said it was grape juice on it or something.
Did it look like she'd tried to clean it? Yeah, it was all smeared.
But they don't call me Miracle Manny for nothing.
What you mean? Where's the stain? I got it out.
You cleaned it already? If someone drops you 500 for doing a speedy job, you do a speedy job.
Look, we should get it to the lab.
And I don't know if there's enough blood left for a DNA test.
Robert don't know that.
There was a stain on the rug the size of a grapefruit.
It was all smeared because she tried to clean it up.
But the lab confirmed that it was Derek Miller's blood, so I don't know anything about this.
The question isn't whether you participated in the murder.
Now we know that you got there after he was dead.
Your future lies in the extent of the help that you gave her.
Unless you want to spend 20 years for an accessory charge.
When you're really only on the hook for illegal disposal of a body.
Which, believe it or not, can be knocked down to a misdemeanor.
You could walk on that.
Or face those 20 years away from your daughter.
Wake up! What did Sophia say on the phone? Just that she needed help.
That's it? Y'all been fighting like cats and dogs for the last year.
She calls, says she needs help, that's enough for you to jump out of a warm bed and leave your girlfriend? She said that she was in trouble.
That she hurt someone.
Go on.
What else? That she killed a man.
She said that this kid had become extremely paranoid by the cocaine he'd been doing.
He thought he was having a heart attack.
So he wanted to call an ambulance, and she said to get a taxi.
That's cause she didn't want anybody to know they were sleeping together? She was terrified she'd lose her job.
And that was enough for her to kill a man? She said that when he went to call 911, she was yelling at him to put the phone down, but he wouldn't listen.
So she hit him.
What happened after you got there? He was lying on the floor.
She begged me to help.
Is that when you negotiated your divorce settlement? I told her we should call the police.
That's when she offered me the money and custody of our daughter.
Man, oh, man.
That's one hell of a way to end a marriage.
I'd like you to All right, folks.
Meeting's over.
Sophia Keener, on your feet, hands behind your back.
I'll call Galiano.
She'll be waiting at the precinct.
Dad! Hands behind your back.
Are handcuffs really necessary? Yes, they are.
Don't worry, sweetheart, It's going to be all right.
Mistreat her, I'll have your jobs! Go call Galiano.
Right now.
Docket number 121305.
People v.
Sophia Keener.
Murder in the Second Degree.
Keener pleads not guilty.
People on bail? Ms.
Keener has assets in excess of $100 million and access to a private jet.
The People request remand.
This is a murder case without evidence of murder, Your Honor.
The victim died of a cocaine-induced convulsion.
Triggered when the defendant struck him repeatedly on the head with a wine bottle.
Keener's relationship with the victim violated her employment agreement.
Had the relationship become known, she stood to lose millions in salary and stock options, her position in the firm and her reputation.
My client was with her father when this alleged crime occurred.
Unfortunately, no one but she and her father can confirm that.
Bail is set at $5 million.
Defendant will forfeit her passport.
No private planes, Ms.
Of course not, Your Honor.
Cocaine-induced convulsion? Keener hit the victim three times.
His skull was fractured.
Expect Galiano's expert to blame the seizure.
Seizure doesn't explain the glass embedded in his skull.
Keener told her husband that she struck Miller in the head multiple times with a bottle.
A private conversation with her spouse is privileged.
He can't tell the jury what she told him.
He can if she said it in the course of a crime.
But she didn't.
They spoke after the crime.
They renegotiated their divorce settlement over Derek Miller's body.
That deal is evidence of a continuing conspiracy to hide the corpse and lie to the police.
Don't expect Judge Shaw to see it that way.
Besides, if the jury hears that her husband was a party to that deal, his credibility's shot.
Regardless, it's the only way to get Keener's confession into evidence.
Galiano's motion to suppress the husband's testimony? And the testimony of any other party privy to their alleged conversation.
What? What's she talking about? If there was a third party present, that defeats the privilege.
Then it's got to be the daughter, Katie.
She was also at the country house.
Maybe Galiano thinks she overheard the confession.
If so, she could testify.
That would fix your problem.
Except if the daughter heard the confession, why didn't the father tell us that? I don't want Katie involved.
You don't make that choice, Mr.
We gave you a deal.
And without full disclosure, it's in jeopardy.
She's 14 years old, and Sophia's her mother.
We know the circumstances aren't pleasant, but this is a murder case.
You don't understand.
Katie was raped.
Or she was molested.
We don't know.
It happened three years ago.
Ever since, she's been different, vulnerable.
I didn't come across a report of any rape.
We didn't call the police.
White, are you lying to shield your daughter? Katie told Sophia that she was experiencing some discomfort.
The doctor said that there was evidence of vaginal tearing, which he estimated happened two weeks earlier.
He said that he thought the sex could have been consensual.
But I didn't believe it.
Katie wouldn't talk to me, and there was no way she was gonna talk to the police.
We still need to know what she heard.
She heard the conversation between me and her mother.
She'd picked up the other phone.
Did she hear your wife confess? Yes.
If you examine the record closely, Your Honor.
Everything her husband and daughter claim to know about that night was the result of Ms.
Keener's confidential communication with her husband.
According to the statute, it's privileged.
Their testimony should be excluded.
Her daughter heard the confession.
That by itself defeats the privilege.
The alleged confession, Mr.
The party claiming the privilege must take reasonable steps to assure privacy.
She didn't do that.
What more could she have done to assure the privacy of a 2:00 a.
phone call? She could have waited till she was alone with her husband.
The intent of the statute is to protect the sanctity of marriage by encouraging spouses to communicate.
Their marriage was over.
Keener finalized their divorce that night by promising her husband money and custody of their daughter to secure his help in hiding her crime.
In construing the intent and the history of the statute, Mr.
McCoy, I find that both the conversation on the phone and in the defendant's home are privileged.
Your Honor However, their daughter can testify.
You just said that the phone call was privileged.
You dishonor that privilege by allowing an unknown listener to testify.
That's the chance your client took by discussing this on the phone.
If you want the jury to hear the alleged confession, Mr.
McCoy, put the daughter on the stand.
Did the police ever interview Katie? Robert wouldn't allow it.
He doesn't have any choice now.
And if he makes any effort to block us, tell him we'll subpoena her and pull his deal.
Why can't my dad be here? We need to hear your story in your own words.
I don't want to go to court.
Don't worry about that right now.
Let's just talk about what happened.
But I don't want to say stuff that puts my mom in jail.
But don't you think it's best for everyone if we know the truth? I don't know.
If your mom knew the facts were in the open, she may come forward, and then we can all avoid atrial.
But she'll go to jail? I'll just say that she will spend a lot less time in jail if she's honest.
Did the phone wake you up that night in the country house? It's next to my bed.
I heard my dad in the hallway, arguing on the phone with my mom.
Did you pick up the phone? My mom was talking about someone named Derek being at the house, and she said She said she hit him with a bottle and he looked like he was dead.
If Mr.
McCoy or I asked you about this in court, do you think you could answer our questions? Please don't make me.
She won't be the first 14-year-old to be put on the stand.
I know.
But she's scared and she's very vulnerable.
She's from a broken family.
She's been through a trauma.
We'll prep her.
Take all the time she needs to get ready.
A shaky peg to hang your case on.
But the only way to get Keener's confession into evidence and to counter her alibi.
Make Keener an offer.
Man one.
Ten years.
She killed Derek Miller out of greed, and then she cut a deal to keep it secret.
That's murder two.
And if her daughter wobbles on the witness stand, that's an acquittal.
Now make Keener an offer before you put your case on the shoulders of this little girl.
We interviewed your daughter, Ms.
She'll tell the jury you confessed to killing Derek Miller.
Katie wouldn't say that.
That's exactly what she'll say.
I spoke to her for two hours.
No, Katie knows I love and support her.
We're far too close for her to say anything that would hurt me.
She knows that I protect her.
We want to interview her before considering your offer.
You have until we leave this room.
Keener takes the deal now or you cross examine her daughter in court.
We'll take man two.
Five years probation.
Man one.
Ten years.
They're bluffing.
Your client is going to jail.
This is your last chance to make sure it isn't for the rest of her life.
Consider the offer, Sophia.
You're my lawyer, consider the evidence.
They lost Robert, they're bluffing about Katie and my father's going to testify that I was at his apartment the night of the murder.
I'm not taking a deal.
Sophia Be quiet.
I won't be bullied into jail by second rate lawyers threatening me with the testimony of a confused 14-year-old girl.
She's your daughter, Ms.
She's your witness now.
Put her on the stand.
That's exactly how we'll treat her.
A few more questions.
You're doing fine, Katie.
You remember a time when the phone rang at your country house in the middle of the night? I remember.
Tell us who called your house.
My mother.
Did you talk to her? No.
So how did you know that it was her? The phone woke me up, and when I answered it, I heard her voice.
She was already talking to my dad.
Did you hear what your mother said to him? She said someone named Derek was at her apartment.
He was throwing up because he was on drugs or something.
My mother was scared if they called for help, she'd get in trouble.
So when he tried to call 911, she said she hit him with a bottle.
Did she say if Derek was hurt? She said his head was bleeding.
And she was freaking out that he might be dead.
Thank you, Katie.
Hi, sweetheart.
I'm Vanessa.
You know I don't want to upset you, right? I only want to understand what you're telling us.
Do you see a psychiatrist, Katie? Objection.
Goes to credibility, Your Honor.
Carefully, Ms.
Did you tell Dr.
Warren that you feel resentment toward your mother? Objection.
It's privileged, it's hearsay and it's irrelevant.
Don't go there, Counselor.
Your parents haven't gotten along for many years before they separated, did they? No, not really.
Didn't you tell your mother that it was her fault your parents got divorced? Because she traveled a lot for her job.
And she wasn't nice to your dad, huh? No.
She cheated on him.
You're mad at your mother for having a relationship with another man instead of your father.
I'm not mad at my mother.
Well, didn't you tell your teachers at school that your mom couldn't attend Parents' Night because she had cancer? Which was a total lie, wasn't it, Katie? A horrible lie, which you told to people in authority.
And at school last spring, when you were caught on the library computer, viewing sexually oriented websites, you told the librarian that your mother told you to, to teach yourself sex ed.
I just I didn't want to get in trouble.
You just make up things, out of thin air? The most hurtful things you can think of to lash out against her? No.
Just like the lies you told in this courtroom about the things your mother said on the phone.
I didn't lie about that.
Well, Katie.
After all the daggers that you have thrown at this poor woman, why should anyone believe you? No more questions.
It's all right, honey.
No, it's not.
We know what you told us was the truth, Katie.
That's what's important.
But her lawyer knew all those things.
I can't believe Mom told her.
You should be proud of what you did, Katie.
Your mother's lawyer was very hard on you.
Are you all right, Katie? My mom knows who raped me.
Who was it? My Grandpa.
Andrew Keener? Any way to confirm it? You think she's lying, Arthur? No.
But you've seen what can happen when you put a traumatized child on the stand without corroboration.
Here's all the corroboration you'll need.
Andrew Keener gave his daughter control of his company five days after Katie says she was raped.
Sophia blackmailed her father in order to make herself the most powerful woman on Wall Street.
Even so, how does this help you get a conviction? Katie's credibility's taken a beating.
The case turns on the alibi.
It's another Keener megadeal, a murder alibi for a granddaughter's rape.
Where was Katie's father in all this? Sophia told him that Katie might have been sexually abused, but it couldn't be confirmed medically.
And that's what the story's going to be unless you can discredit it.
I've been the Keeners' family physician for almost 40 years now.
And I can't say that I approve of what you're doing to Sophia.
This is about Katie.
What about her? Her father says you treated her for vaginal pain three years ago.
Is it really necessary to dredge all of this up now? We can dredge here in your office or in Part 63 tomorrow.
I determined that there were indicia of sexual abuse.
And that's what I told Sophia.
I'm sure there was a lot more than indicia.
This child was raped by an adult.
According to whom? Katie.
Are you challenging my examination, young lady? I'm challenging your ethics, Doctor.
The law required you to report this to the police.
The mother didn't want that.
You know that doesn't make a damn bit of difference.
Why are you protecting a man who raped a 12 year old? Lam doing no such thing.
Did Sophia Keener pay you to keep your mouth shut? Would you please leave my office, Miss Borgia? It will be a pleasure to do so, Doctor.
Just as soon as the detective squad confiscates your records.
Then we are going through every scrap of paper in those files.
And what did you and Sophia do after dinner, Mr.
Keener? We left our clients at Le Bernardin and returned to my apartment to continue discussing the IPO.
And how long did you do that? Until just before And did Sophia leave your apartment then? No.
It was late.
I had sent my driver home for the night, and Sophia decided to sleep in the guest room.
And was she there the next morning? Yes.
Thank you, sir.
How would you characterize your relationship with your daughter, Mr.
Keener? I don't understand the question.
You work together.
Were you colleagues? Are you friends? Just family? All those things, I suppose.
Would it be accurate to say that you and your daughter have a difficult professional relationship? No.
I admire her talent.
That's why you promoted her to run Morgan Keener? Yes.
And when did you do that? About three years ago.
Shortly after your granddaughter, Katie, spent time alone with you in your townhouse on East 68th Street? I don't recall the timing.
And also shortly after Katie was treated by Dr.
Sheldon Saperstein for vaginal pain? I haven't the slightest idea.
Isn't it true that you raped your Objection And that the alibi you're providing today Objection.
Was paid for with your daughter's silence three years ago? - Order, Mr.
- Sidebar, Your Honor.
Or was it paid for in 1982? - Mr.
- Objection.
McCoy! Your Honor.
Those inflammatory accusations are irrelevant to Mr.
Keener's testimony, and he is poisoned to the jury.
This is grounds for a mistrial.
Not only are they true, they go directly to his credibility.
What's the evidence, McCoy? We were looking for corroboration of Katie's rape three years ago.
What we found were medical records from 1982.
Well, Katie wasn't even alive in '82.
Why don't you ask your client to fill you in? In 1982, Sophia Keener, also age 12, was brought to Dr.
Saperstein office, where she said she was raped.
Last night, we tested the DNA from the vaginal swab taken by the good doctor.
It belonged to Sophia Keener's father.
And just like his sexual assault on his granddaughter, it was never reported to the police.
I'm allowing every bit of this depravity into evidence to impeach the alibi proffered by Mr.
Back in session in five minutes.
We'll take the deal you offered, Jack.
Man one.
Ten years.
Not a chance.
Come on, Jack.
What if I agreed to testify against my father for what he did to Katie? I'm indicting your father for that, but I won't bargain for your testimony.
Then I'll deny it.
People lie.
DNA doesn't.
I'm sure there's something we can work out here.
Maybe if you hadn't used your daughter's rape to advance your career.
I deserved everything I got for what I had to live with all these years.
What about Katie? I got past it.
So will she.
What should I have done, Miss Borgia, crawled off and wept like some victim? Has the jury reached a verdict? We have, Your Honor.
How do you find? On the charge of murder in the second degree, we find the defendant, Sophia Keener, guilty.
Andrew Keener's attorney just called.
He's been trying to get in touch with you.
I got his messages.
Keener wants to avoid the humiliation of a trial.
What's he offering, a seat on his board? He wants to spare his granddaughter from testifying.
I hope you told him what to do with that.
I did.
No more deals.