Law & Order (1990–2010): Season 16, Episode 19 - Law & Order - full transcript

Detectives Joe Fontana and Ed Green investigate the shooting of the owner of a neighborhood restaurant, Oscar Morales. It turns out the shooter is 14 year-old Jeremy Miller whose sister Emily died a few days before from AIDS. His intended victim was really the administrator of the hospital where Emily died, Dr. Elaine Clemens, who was wounded in the restaurant attack. Jeremy blamed the hospital for killing his sister and just as the police try to get the contrite young man to give himself up he commits suicide. They learn that Emily's foster mother had visited her just before she died but the autopsy reveals she was being administered drugs outside of her treatment protocol, including an experimental AIDS drug that was supposed to be used only on animals. They arrest Andrew Copeland, Emily's doctor, and determine that other foster children have died in a similar way.

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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.

Table five is getting up. Give
me two seconds, all right?

I'm waiting 20 minutes,
and she just walked in.

Why can't she wait
for table five?

Fine. I'll wait for table five.

Thank you.

Somebody call 911!



Hurry!

Twenty sets of eyes
can't be wrong.

Male, maybe Hispanic. Black
hood, red baseball cap.

Anyone recognize him?

Hood covered his face.

Is there any video?

Not in the diner,
but the red light cameras

might have caught him running off.
Department of Transpo's pulling the tape.

Thanks. Okay.

What do we got?

One to the
shoulder, one to the chest.

And Crime Scene pulled
the slug that winged her

out of the back wall
of the cooler.

Still intact?
Yeah, looks like it.



Small caliber.

Can you make sure Crime Scene
gets that to Ballistics?

Excuse me.

Detective Green, Detective Fontana.
How's your arm, miss...

Elaine Clemens.

It's just a graze. I'll live.

Did you see the man
who shot you?

I turned my head, and it was
over before I could turn around.

I can't help thinking if I'd just
been standing a few inches further...

You weren't, so let's just
concentrate on healing...

Detectives.

The victim's nephew's
riling the crowd up outside.

Okay. Nick.

This officer here's gonna take
your information. Thank you.

Guy with the smock, Carlos.
He's the cook here.

Carlos! Carlos!

I'm Detective Green,
this is Detective Fontana.

Listen, man, we're sorry
about your uncle.

Now, did you see what happened?

No, but I know what happened.

Damn dope dealers
is what happened.

What dealers? What
are you talking about?

Puerto Rican guys
from the neighborhood.

Why would they
wanna shoot this place up?

My uncle pepper-sprayed one of 'em
the other day in front of his boys.

Well, who'd he pepper-spray?

A wannabe punk named Prim.

And throwing out the garbage this morning,
I saw his ass on the corner, glaring.

We called 5-0 on Prim,
like, five times! Nada.

Do yourself a favor, stay out of this,
and let us do our job, all right?

Can I go?

Yeah, but where
can we find Prim?

I got no idea.

All right, go. But, Carlos,

go be with your family, don't
go looking for Prim, all right?

We better find this guy Prim before this
whole neighborhood turns into a war zone.

Hey is that our guy? That's him.

What's up, man?
Why you following me?

'Cause you look guilty.
Turn around. Hands up.

You got anything sharp
in your pockets?

Excuse me, sir.

Did you drop these? Did you?

Ten decks of heroin within 1,000 feet of
a school? That's "B" felony territory.

L told you
those drugs wasn't mine!

"B" felony,
that's nine years, bro.

What is this?

Y'all ain't even with Narcotics.

Man, sit your ass down.

You're right. We're on Homicide.

As in the homicide of
Oscar Morales. You remember,

the guy that pepper-sprayed
you in front of his diner

'cause you were
dealing drugs there?

So, what happened?

This old fool drop you
in front of your friends

and you got to represent,
is that it?

Not enough to shoot him.

Shoot him? Who mentioned
anything about a shooting?

Look, I got 15 guys who say I was on the
corner when that shooting went down.

Fifteen of your boys and their hootchie-mamas
isn't gonna make an alibi for you!

I swear on my grandmother
I ain't do this!

Your grandmother
ain't gonna cut it either.

Well, what if I said
I seen who did?

Would you negotiate
with me for a minute?

Why don't you tell us what you know,
and we'll see if it helps your case.

I hear three shots.

I see a black kid with a hoodie and a red
hat come stumbling out of the diner.

He was wearing a hat and a hood,
and you still saw his face?

I know the kid.

His name is Jeremy Miller...
Milner...

Something like that. Dude's
just a neighborhood hopper.

"Hopper"? What the hell
is a hopper?

He just hops along to get stuff.

Does whatever he has
to do to make money.

You know, sweep storefronts,
cop drugs, whatever.

Well, is there any indication that there's bad
blood between this kid Jeremy and Morales?

I don't know. I only talked to
the kid, like, three times.

So, where can we find this dude?

He's been hanging out
on the corner with us lately.

Said he was looking for a piece.

Guess he found one.

And what about my ten decks?

If your information doesn't
pan out, you have no idea

the amount of trouble you're in.

Hey, Lou? Yes.

Prim's "hanging out on the
corner" alibi checked out.

He was in front of the bodega across
the street when the shots rang out.

The owner confirmed it.

What about the name
he threw on us?

This kid, Jeremy Miller. He got collared
two years ago for solicitation.

He's been in foster care
most of his life.

Prim lD'd him as the shooter.

Anyone else ID?

Witnesses saw a kid
wearing a hood.

Did Ballistics get anything
off the slug from the diner?

There were no hits from IBIS.

So, is there any connection between
our DOA Morales and this kid?

Well, not so far.

And Morales doesn't have a
history with street hustlers.

But that can mean
he just never got caught.

Well, I don't know how much I trust
a name coming from this guy Prim.

I mean, he's trying to work
off, what, ten decks of dope?

Look, if that kid's the shooter,

he's on the street right now, he's 14,
he's reckless, and he's got a gun.

All right.

Talk to the boy's
foster parents.

We have no idea
where he could be.

We did everything we could
to parent him,

but he came and went
as he pleased.

Does he have any friends
that we can talk to?

No one. Not anymore.

What does that mean?

He had a younger sister, Emily.

She was born HIV positive, then
developed full-blown AIDS.

She died two days ago.

Did Jeremy have HIV?

His mother contracted it
after he was born.

She died five years ago.

Did his sister live here, too?

No, we couldn't
accommodate her needs.

It's been that way
with Jeremy all his life.

His sister's status has
always kept them separated,

but he's worked hard to keep
in touch and to stay close.

Emily's the only person
Jeremy really opened up to.

He must have been devastated.

He was,

but not enough to
go shoot people.

Do you know if Jeremy knew of
a man named Oscar Morales?

No.

Do you know if he ever spent any time at
Mr. Morales' diner at 175th and Broadway?

That's near the hospital.

Where Jeremy's sister died.

Which hospital is that?

Children's Healing House.

Where the other victim works.

We don't think Jeremy
was aiming at Oscar Morales.

We think there's a possibility
he was aiming at you.

Now, how much contact
have you had with him?

I'd see him here when he
was visiting his sister.

But you're a hospital
administrator, correct?

Chairman of the hospital's
Community Advisory Committee.

Well, then why do you think this
kid would be gunning for you?

I had to have security escort him out
of the facility three weeks ago.

A floor nurse caught him
disconnecting his sister's IV.

Assisted suicide?

He said he was trying
to take her home.

Or, as he said it,
"Break her out".

Now, why would he want
to break her out?

When Emily's virus stopped
responding to traditional medicines,

her condition declined rapidly.
She was wasting away.

It was hard for us to watch,
let alone a 14-year-old,

but I had to have him
barred from the facility.

Detective Green?
Maybe of I allowed him

supervised visits, that
man would still be alive.

Ms. Clemens, until Jeremy
Miller is off the street,

we think it's best that we put
you into protective custody.

Is that really necessary?

Well, by now he knows he
went after the wrong target.

He might want to
try and finish the job.

Hey, Joe, they just spotted him walking
into the park across the street.

Ma'am, I need you to stay
here with this officer, okay?

He's on a bench in the park.

He's waiting for Clemens to
leave the hospital.

There, next to the garbage can.

Threw his hood up
about ten minutes ago.

Okay, make sure everybody knows
that this kid is armed, all right?

Got it.

Stay away from me!

Now just take it easy, kid.
All we wanna do is talk.

Is that why you're
drawing down on me?

No, it's because you got that
.22 in your right pocket.

All right, listen, kid. Now I
want you to listen to me, okay?

You can trust us.

My name is Detective Fontana,
and this is Detective Green.

And we don't mean you
any harm at all.

You wanna kill me.
I know you do.

No, no, not at all. All we
wanna do is talk with you.

Is that Spanish guy dead?

Oh, you don't have to
worry about him now.

I didn't mean to shoot him!
I'm sorry!

We now you are, man.

They did this. The doctors.
That bitch Clemens!

Okay, all right, that's exactly
what we wanna talk about.

I could have saved her.

CHH killed her.
They murdered her!

All right.

All right, we're gonna look into
that for you, but for right now,

stay calm and please hand
that gun over to me.

Tell that man's family
I'm sorry.

I'll tell you what. Why don't we
all get together and sit down,

and then you can tell him yourself,
in person, how sorry you really are.

How's that?

I'm so sorry.

Look, if a kid's
determined to go,

it doesn't matter
what you say to him.

He was here to
do another murder.

It's a dirty shame,
but I'll sleep fine.

All right.

Lou, we got a suicide note.
Let's see.

"She was all I had and they took her away.
They killed her."

"Elaine Clemens killed her."

"Why was her head caved in?"

Didn't the sister die of AIDS?

Well, that's
what Clemens told us.

But, "Why was her head
caved in?"

Maybe that's why he was trying to
break her out of the hospital,

because she was being abused.

Maybe.

Look, I understand wanting
to put this to bed.

It was an ugly thing to witness.

I'm fine, Lieutenant.

No one is fine watching a
14-year-old blow his brains out.

But maybe we'll sleep better
knowing the truth.

Emily Miller.
The medical report says

her cause of death was
pneumonia resulting from AIDS,

but our intake, she does
show some head trauma.

So what about her autopsy?

I didn't get there yet.

Well, what are you waiting for?

We had five homicides
in the last two days.

Until you called half an hour ago, she
was low priority, natural causes.

Come on, with head trauma?

Hey, cause of death says
complications from AIDS.

There's a dead kid in a park that
would argue with you about that,

so do you mind checking her head
wound for us right now, please?

Yeah, it's a contusion about
five centimeters in diameter.

Blunt force? Most likely.

Enough to kill her?

Not without an autopsy.

Well, what's
your best guess, Doctor?

Well, terminal AIDS patients
can hemorrhage pretty easily.

A mild whack on the head
could have killed her.

You know, we're gonna hand
this body over to Rodgers.

That way we're
not guessing, all right?

Fellas, once in a blue moon,

a kid comes in dead with
an AIDS diagnosis.

So, it's not outrageous to
accept the medical report.

Who reported the death?

Um, Dr. Andrew Copelan,
Children's Healing House.

This is the first I've heard
of a contusion on her head.

Emily Miller died of AIDS,
which she had since birth.

When was the last time
you saw her alive?

The morning she died, on rounds.

What was her condition?

Her breathing was labored,
she was in a lot of pain.

From her head?

Joint pain. And from
the sores in her mouth.

Was there anything peculiar
about her condition?

No.

Well, then how would you explain a
bedridden kid with a head injury?

I honestly can't.

She didn't complain of it
when I saw her that morning.

What time was it
when you saw her?

8:00 a.m.

Well, who could've been in her room between
the time you saw her and when she died?

Doctor?

Is there something on your mind?

No one in the hospital would
have harmed that little girl.

Elaine Clemens told us that watching
her die was an awful thing to witness.

It was.

So if you know somebody who might
have put her out of her misery,

you should tell us about that.

I'm an orderly.

We don't get involved much with
patients past shuttling them around.

You were close to Emily Miller.

You used to read to her,
you brought her a teddy bear.

It was my daughter's.
She'd grown out of it.

Look, I'm gonna
cut to the chase.

You were on duty
when Emily died,

and you took a collar
for a domestic assault.

That was ten years ago! I was
a different person back then.

Emily died of AIDS.

With head trauma, being looked after by
a guy who has a problem with his hands.

From drinking,
which I don't anymore.

And I wasn't the last person
in the room, okay?

Who was?

I could lose my job
if Dr. Copelan finds out.

Look, if I were you, I'd worry about
losing the next 20 years of your life.

Emily was so sick, and she
was crying all the time.

She asked if I'd sneak her old
foster mother in to see her.

Why would you have to
sneak her in?

Three months ago, Child
Services took her to court

and had her charged with abuse.

And you let this woman
in that child's room?

You got it all wrong. Pamela's a
decent lady. She loved that girl!

That abuse charge was ludicrous!

And it wasn't for
physical abuse,

it was because I stopped giving
Emily her AIDS medication.

Why'd you do
something like that?

Because that medication was supposed
to make her better, not worse!

Well, the judge disagreed.

The judge didn't spend every night
wiping the vomit from her mouth.

When I took Emily out of CHH five
months ago, she could barely walk.

Seven years old, 36 pounds.

Off the meds,
she started gaining weight,

she could even play in the park!

Well, how does that
add up to an abuse charge?

Dr. Copelan went ballistic.

He said she couldn't ever be off the regimen
because she was part of a drug trial

to find a more
effective pediatric AIDS cocktail.

Fontana. Excuse me for saying
so, but that sounds like a good thing.

But he acts more like
a zealot than a doctor.

Look, Ms. Henson, you're gonna have to
come down to the station house with us

until we sort this out.

M.E.'s found a cause of death.

The head contusion
was non-lethal.

The number of drugs she was on,

she most likely slipped
and fell from pain or fatigue.

These are AIDS drugs we're
talking about, right?

Her tox screen reads like an
AIDS pharmacopoeia. Calidrone, Nofolox,

Thadnium, Drexenall, DZB.

At these dosages and these meds,

she probably felt like she was being
burned alive from the inside out.

So what'd she die of?

Her bone marrow depletion resulted
in a multi-organ system failure.

Liver, kidneys, all caused
by very powerful medications

with potentially lethal
side-effects.

So, what are we talking about
here? Are we talking about

hospital mishap,
accidental overdose, what?

Bone marrow failure this drastic
doesn't happen overnight,

and it doesn't happen at
all to a person her age.

And look at this.

Track marks?

Intramuscular. And that's not in
a place where you'd draw blood.

She must have been
administered some drug

outside her treatment protocol.

And every drug I can
identify is given orally.

Every drug in Emily Miller's system has
been approved for my phase two protocols.

These drugs are given
orally, correct?

Yes.

Well, then why would there
be track marks on her leg?

Unless you were giving her
something you didn't want

anyone else to know about.

Maybe she was self-mutilating.

Some of the young girls do that.

She had organ failure,
muscle wasting, anemia.

You understand there's still
no viable drug cocktail

to cure or eliminate
the virus in children.

Why don't you tell us
what she was allergic to?

You were using this girl
as a guinea pig

because she was a foster kid and
she couldn't complain about it.

I was giving her
cutting-edge care.

Which led directly to her
grave, am I correct?

There's something
you're not telling us.

Our autopsy report proves it.

Any other questions?
Talk to my lawyer.

Dr. Copelan's
grant guidelines say

that no more than three drugs
shall be administered

on any test subject
during one daily cycle.

Emily Miller died with
five in her system.

So Dr. Copelan violated
the grant protocols.

It's a civil matter.

Look, this was
a voluntary trial,

but how does an 8-year-old
comprehend the risks?

Well, who gave the doctor
her informed consent?

Some neutral advocate
rubber-stamped the thing.

So, from a legal standpoint, she
didn't have to understand the risks.

Look, should Dr. Copelan have monitored
her condition better? Absolutely.

But the DA's office'll say that's
a question for civil court.

Hey, the M.E.'s office called.
Her friend at the CDC

said the mystery drug
that was in Emily Miller

was an experimental AIDS vaccine
only for use in animals.

We're way out of
civil court now.

That sick son-of-a-bitch.

Detectives, what now?

You're under arrest for
the murder of Emily Miller.

I was her doctor.
What are you talking about?

Then you should have
acted like it.

Make sure the children
stay on the regimen.

You have the right to remain silent,
you have the right to an attorney.

If you can't afford
an attorney...

"Docket number 37874."

"People v. Andrew Copefan. The charge
is Murder in the Second Degree."

How does your client plead?

Apologies, Your Honor.

For a moment I thought
we were in civil court.

Well, get your geographical bearings
and enter a plea, Counselor.

Not guilty.

People on bail?

The People request remand,
Your Honor.

Mr. Copelan acted
with depraved indifference

when he deviated from
normal standards of care

by using an
experimental AIDS vaccine,

which caused the death
of an 8-year-old patient.

Dr. Copelan is a highly regarded
member of the medical community

involved in cutting-edge care for
163 dying children

who depend solely upon
his treatments to live.

There is no hint
of a flight risk.

Except for his contacts in AIDS
clinics in Europe, South America,

and three African countries where the U.S.
has no extradition treaty.

Got it, Counselor.

Bail is set at $500,000, and the
doctor will surrender his passport.

"LAV-60."

"A live-attenuated virus vaccine"

"meant to boost the immune response in
people already infected with AIDS."

The M.E. says it's
what killed Emily Miller.

For use only on animals.

How close was it to
use in humans?

The manufacturer was close to
applying for an FDA investigation,

but the drug was still proving
lethal in 8% of canine recipients.

And the girl's condition
before taking this drug?

She'd developed full-blown
AIDS six months ago.

So, the defense'll say
it was AIDS that killed her.

Which it would have, eventually.

But does that excuse experimenting
on an indigent child?

Any chance it's children,
plural?

Still checking,

but so far no other kids have any
signs of subcutaneous injections.

If it was killing dogs, he'd
know it could kill a child.

That's depraved
indifference murder.

Or an attempt to
prolong her life.

An unapproved experimental
drug crosses the line.

Just know that it's not
a very sharply drawn line.

Unless he has
a financial motive.

It's being tested in
two vivisection labs,

one in Costa Rica,
one in the city.

Neither has ties to Dr. Copelan
and his field research,

but there is a connection
between the three.

Their benefactor,
Randolph McGinnis.

He owns a stake in
the manufacturing company.

He paid the doctor
to test it on humans?

He did recently give $50 million
to Children's Healing House

for pediatric AIDS research.

Andrew Copelan spent four years
working with incurable children.

You don't lock the man up,
you put a halo on him.

Your $50 million donation to Children's
Healing House? That was his halo?

Damn right.

LAV-60, Mr. McGinnis.

Any idea how it came
to be used on Emily Miller?

You want me to implicate Dr. Copelan?
I can't, and I won't.

Any theories on how it might have
gotten into Dr. Copelan's possession?

I need a club sandwich.
You want one?

You threatened to void your $50 million
donation to Children's Healing House

if they didn't bring down their
pediatric HIV mortality rate.

You e-mailed Dr. Copelan an article
from the American Medical Journal,

which ranked his study second in the
nation for pediatric mortality.

I thought he might be
interested.

The subject line of
the e-mail was "shape up."

Did you threaten to
pull the 50 million?

No.

How do you explain "shape up"?

A suggestion.

Any indication
he'd take it to heart?

By being reckless, you mean?

There's a subsequent
responding e-mail

asking for suggestions as to
how to accomplish the task.

You recall my response,
"I'm not the doctor"?

But you have a financial
stake in LAV-60, don't you?

You own a quarter of the
company that's producing it.

50 million to test my drug
on humans? On little girls?

That is a sick accusation.

Emily Miller didn't administer
that drug to herself.

I gave Andrew Copelan 50 million

because he is a generous,
caring physician.

A donation that was
never in danger.

Talk to his Chairwoman of
the Community Advisory Board.

And show yourself out.

Randolph McGinnis is
a devoted patron.

Do you think it's possible that
he pressured Dr. Copelan to test.

LAV-60 on Emily Miller?

I can't imagine him
making that suggestion.

Well, how do you think the drug
got into her body, Ms. Clemens?

I don't know.

You recently
tendered your resignation.

Yes.

It's hard not to
read into the timing.

I don't know a thing
about LAV-60,

or how it wound up
administered to Emily Miller.

But something about her death
bothers you.

Or why leave?

Dr. Copelan agonizes over watching
these children waste away and die.

But recently, he's become
progressively more obsessed.

How so?

He works all hours of the night.

If there's any hint of a
breakthrough anywhere in the world,

he's on the first plane out.

Do you think his obsession
made him overreach?

The charts are all in order.

But these children, their deaths
were similar to Emily Miller's.

And Dr. Copelan signed each
death certificate as AIDS.

Four children,
all under the age of 10.

Where were they buried?

Cemeteries around the city
in donated plots.

Can we locate the parents?

They were orphans
or wards of the state.

Perfect fodder
for experimentation.

No one I spoke to
makes him Dr. Frankenstein.

Of course he gave up a successful
general practice to pursue research.

We won't know what he is until we
see what these kids really died of.

Get an order to exhume.

Two of the children had tissue
decomp too advanced fort testing,

but in these two,

no question the cause of death
is similar to Emily Miller.

LAV-60?

There's no sign of that drug or
elevated white cells to indicate

allergic reactions,

but organ failure, anemia.

From the same drug cocktail?

Completely different in each.

Cameron Gonzales' toxicology

revealed six medications to
treat suppressed immunity.

Curtis Redmond had five.

Both cocktails were the cause of death,
but each child has a different cocktail.

Different across the board?

Two drugs overlap. Past that,
they were given different meds.

So, Dr. Copelan was mixing
and matching the drugs?

To see which worked better.

Both combinations were lethal.

Cameron Gonzales and Curtis
Redmond were sick kids.

I was trying to
stave off their death.

With a lethal combination
of drugs?

One child could be argued as
an accident, but three now?

This is making me
sick to my stomach.

Mine, too. These children
have a fatal disease.

You can't blame my client
for the inevitable conclusion.

A conclusion he hastened with
lethal experimentation!

How do you explain the presence of
LAV-60 vaccine in Emily Miller's system?

She had a fanatical stepmother
we had charged with abuse.

Her brother
shot himself in the head.

Both of them were in her room
within a day of her death.

One of them administered
an experimental AIDS vaccine?

No sale, Doctor!

Prison? That's what
you think is appropriate?

Yes. For working to cure AIDS?

And not just in the U.S.

Our phase three trials will
bring antiviral regimens

to 80,000 HIV-infected kids
in Nigeria alone.

Some of who don't even
have running water!

Man two. Community service
at your discretion.

Even without LAV-60, three kids
outside Institute of Health protocols

is depraved indifference.

Experimenting on foster children
and orphans without oversight?

You want that
in front of a jury?

You'll go to trial with just
Emily Miller, Mr. McCoy.

No way those other deaths
will make it into evidence.

We'll see.

This evidence
has no probative value except

to paint my client as some mad scientist
experimenting on foster children.

The two additional victims
refute any claim

that Emily Miller's death
was accidental.

The pattern of conduct

supports our theory of
depraved indifference murder.

If there's a pattern here,
I'd like to see it.

So would I.

Mr. McCoy?

Each additional child

displayed the same symptoms
of organ failure,

the same progress of disease...

But not the same cause of death.

The exact same cause of death.

Over-dosage of
AIDS-suppressing medications.

Emily Miller, Cameron
Gonzales, and Curtis Redmond

each died with five or more
medications in their system.

Yet in only two instances was there
any overlap in the specific drugs.

What they were overdosed with is
immaterial. They were overdosed!

These are different children
whose viral loads would flare

at different times,
in different ways,

requiring different
combination of medications.

There's nothing similar
about them.

Except they had the same
general diagnosis,

were in the same treatment
program, with the same physician.

They're coincidental only
in that they all died.

But it's a clinical trial to develop
an effective pediatric AIDS cocktail,

Your Honor, and unfortunately,
in this field, children die.

These are three AIDS patients
who didn't die of AIDS.

If the autopsy results
had more similarities,

or a greater degree of crossover
of the various drugs...

But as it stands, it doesn't
pass the balancing test.

The deaths are out.

The defense made Copelan the saintly
shepherd ministering to dying lambs.

I was looking for a connection between Dr.
Copelan and LAV-60,

and I found an AIDS clinic in Costa
Rica where they say he was a patient.

He might have been experimenting
to find a cure for himself.

Dr. Copelan has AIDS.

What's his status?

They said he's a patient in the
AIDS clinic. They won't say more.

Is this clinic the same place
they're testing this, uh, LAV-60?

That's a pharmaceutical lab about 50
miles south. They're not associated.

Still, awfully close quarters.

I don't think that'll
cut it with a jury.

He overdosed three kids!

Well, all you can produce
is one.

His disease is further motive for
depraved indifference murder!

How common is it for an AIDS
clinician to have the disease?

It's why some people
go into the field.

But most people in the field don't
have a trail of bodies in their wake.

Jack, how do you counter the notion that
this is a guy trying to save lives?

One of them being his own.

It negates any argument for
experimenting on unwitting subjects.

It's still a last-ditch effort to
keep them out of their graves.

You're gonna have family
members give consent every day

in every cancer ICU
in the nation.

Sometimes just to
further science.

But where was the science here? What
was the hypothesis being tested?

Where were
the monitored protocols?

The word for willy-nilly, self-serving
experimentation isn't science!

It's desperation.

Is the clinic in Costa Rica going to
provide the doctor's medical files?

It'll take some work with the Justice
Department, but it's possible.

Well, you may get the records,

but you're gonna have to fight like hell
to get them into your case in chief.

New York public health laws
prohibit disclosure

of confidential
HIV-related information.

One exception is a compelling need to
disclose during a criminal proceeding.

The exception was intended
for medical urgency

so a rape victim could seek treatment
if her attacker had the disease.

If Dr. Copelan was
over-medicating children

in an attempt to cure his own
illness, it proves his depravity.

That's not medical urgency.

The only way these records are
compelling to the prosecution

is as a means to prejudice
the jury against my client.

Firsthand knowledge of
treatment argues

compellingly against unintentional
or accidental overdosing.

His status undercuts
his defense.

That's not what the legislature had in
mind when they included the exception.

Your Honor, the prejudice held against
a person afflicted with AIDS,

it doesn't carry the stigma it
did when the law was enacted.

The law's been revised
many times since,

and the privacy aspect's
remained the same.

It's not coming in.

All we've got is Dr. Copelan
giving Emily Miller five drugs

when the protocol was three.

Do you think we can convince
a jury that's murder?

Yes.

How long did you keep Emily off Dr.
Copelan's AIDS treatment regimen?

Close to four weeks.

What was the result?

A vast improvement.

She stopped throwing up, she
could walk without using a cane.

She even began smiling.

What happened when
you told Dr. Copelan?

He yelled at me.

He said Emily needed to be
on her meds, end of story.

Did you question his logic?

Absolutely.

That's when he called in Child
Services to take Emily away.

No further questions,
Your Honor.

Where did you attend
medical school, Ms. Henson?

I never went to medical school.

Then on what basis did you stop
administering Emily's drug regimen?

She was getting sicker.

A mother knows, even a foster.

Can you tell me
what mumbala khan is?

It's a healing root.

Is it true that you took Emily off Dr.
Copelan's regimen

in favor of putting
her on mumbala khan?

No. Once Emily was
off the regimen,

I wanted to find a less painful way
of boosting her immune system.

By administering
an unproven herbal remedy

that doesn't have FDA approval?

I was trying to
improve her health.

But isn't it true the day she
was taken from your care

a CD-Four count measured Emily's T
cells at their lowest level in a year?

Yes. I was told that.

A situation from which Emily
never recovered, correct?

You can't say
that I killed Emily.

I did everything
I could to help her.

His regimen was
making her miserable.

Knowing what you do now,

do you think if you'd kept her on
it, Emily might be here today?

Objection! Ms. Henson
is not a doctor!

Nothing further.

As the chairman of infectious
diseases at East End Hospital,

I've overseen 3,400 AIDS
cases in the last 15 years.

Dr. Roth, are you familiar with
the drugs Calidrone, Nofolox,

Thadnium, Drexenall, and DZB?

Any three of these can comprise what's
commonly called an AIDS cocktail.

Why is there a limit
of only three?

Well, each drug has the potential to
cause life-threatening side-effects.

Was Emily Miller a candidate
for these five drugs?

No one is.

No further questions,
Your Honor.

Isn't it true that the five drugs
given to Emily by Dr. Copelan

are proven life-sustaining
medications for AIDS patients?

Yes.

Are there any other
available treatments

that could have
saved Emily Miller's life?

Not to my knowledge.

So medically, these drugs were Emily
Miller's last hope for survival?

In limited combination, as laid
out by the Institute of Health.

How can you be sure only a limited
combination could prove effective?

Well, we can't even
be sure of that.

So regardless of the medications
given to Emily Miller,

she would have
eventually died of AIDS?

All patients with AIDS
eventually die of the disease.

No further questions.

But there is such a thing as mercy
at the obvious end stages of life.

You work with children, Doctor?

I have.

Have you worked
with the elderly?

Yes.

Do you find a difference in how
aggressively you treat a patient

90 years old at the end stages of a
disease versus a child, say, under 10?

Objection, relevance!

Withdrawn. I'm done, unless Dr.
Roth has something more to add.

I just got off the phone
with Davis Erlanger,

the director of that vivisection
lab that tests LAV-60?

He just discovered some of
their supply missing.

Before the trial, he said he'd never
heard of Copelan. Why is he calling now?

Changed his tune?

We just didn't notice a problem

until a sudden spike
in our canine mortality.

Here. It's been diluted
practically to water.

How many other bottles
were diluted?

Uh, eight so far.

When I spoke to you before the trial, you
said you never heard of Dr. Copelan.

I was certain that he'd gotten
his sample from Costa Rica,

and I just didn't wanna
get our lab involved.

How do you know him?

Well, he contacted me about six
months ago for a sample of LAV-60.

For what purpose?

He said he wanted to test it on himself.
I said, "Hell no."

We'll subpoena you. You tell that
lie on the stand, it's perjury.

Lam not lying. I didn't give it to him. I
just didn't wanna get our lab involved.

Well, you are now.

No one touches anything in this lab
until a crime unit's been through.

Dr. Copelan, we've heard police testimony
that your fingerprint was found

at a pharmaceutical testing
laboratory on a medicine bottle

containing a diluted dosage
of the AIDS vaccine LAV-60.

How do you explain that?

I was the one who stole the drug.
Replaced the contents with water.

LAV-60, wasn't that drug found in
Emily Miller's toxicology screen?

Yes, it was.

Because I administered it
to her.

A potentially lethal,

experimental medication that
hasn't been approved by the FDA?

She was in the end stages
of her AIDS.

It was her last hope.

Was she the only person you
administered this drug?

I also gave it to myself.

To treat my own disease.
I have AIDS.

How did you contract HIV?

Four years ago, returning to
my hotel after doing research

in a small village
in lmo state, in Nigeria,

our car blew a tire
and flipped three times.

I suffered a deep laceration
to my left arm

and required a transfusion.

The hospital I was taken to didn't
have means to properly test blood.

The transfused blood
was infected with HIV.

And last year,
I developed full-blown AIDS.

Do you think this has affected
how you treat patients?

L think I have even more
compassion than I did before.

What about your attitude toward
AIDS research in general?

I have a greater
sense of dedication.

Are you a fanatic, Doctor?

Of course not.

Do you regret your course of
action with Emily Miller?

I was trying to save her life.

Unfortunately, I failed.

A heart-wrenching story, Doctor.

But doesn't it prove
that you used

Emily Miller as a guinea pig

to test a dangerous treatment

in the hope that it
would be beneficial to you?

Absolutely not.

Why was she the only one
to receive the drug?

It had to do with
the timing of her decline,

and when I acquired the drug.

Using Emily Miller
wasn't more deliberate?

Isn't it true

that the mutation pattern
of her virus

is an exact mirror of yours?

I don't know.

Your T cell count
from the onset of AIDS

is the exact same
as Emily Miller's,

only staggered back one year.

That suggests that your
virus was mimicking hers,

doesn't it, Doctor?

I see a coincidence.

Sixteen CD4 plus counts
in evidence

for both you and Emily Miller.

If she scored a 316,

a year later, so would you.

If she scored 420, a year
later, so would you.

I guess there were similarities.

Didn't that make her
a perfect candidate

to test out future drug
treatments for yourself?

She wasn't a lab rat.
She was a patient in my care.

Then why didn't you tell your colleagues
about your treatment of your patient?

Because they would have
objected.

I didn't wanna sit back
and watch her die.

Did your experimentation on
your patient yield any results?

I'm afraid not.

Did you record any data?

Publish any findings?

All I learned was that
the drug was fatal to her.

Which I deeply regret.

But apparently not fatal to you.

So, you must have learned something
from experimenting on Emily Miller,

or why administer it
to yourself?

How many people have you watched
wither away and die, Mr. McCoy?

You didn't want to
suffer her fate,

so you pushed her treatment until it
was lethal, isn't that true, Doctor?

How many nights have you sat
by a dying child's bedside,

praying that
a treatment might work?

But for the child, Doctor,
or for yourself?

I did what I thought was right to save
a young girl from a wasting hell.

Did I hope it might help my
chance of survival? Yes, I did.

For Emily, for me,
for thousands of others.

Yes, Mr. McCoy, I admit that.

In the matter of
the People v. Andrew Copefan,

on the count of murder in the
second degree, how do you find?

We find the defendant,
Andrew Copelan, not guilty.

They wouldn't convict
a dying man.

Maybe they figured
if Emily'd survived,

Dr. Copelan would have
won a Nobel Prize.

Maybe they're right.

Or they figured a vaccine that
could save their own lives one day

mattered more than a kid
who was dying anyway.