Law & Order (1990–2010): Season 3, Episode 6 - Law & Order - full transcript

After Dr. Elizabeth Olivet is assaulted by her gynecologist, Dr. Alexander J. Moffat, she turns to Detectives Cerreta and Logan to have him investigated. They certainly believe her story but getting evidence that would stand up in court is another thing. The one woman who made a similar claim against Moffat has serious psychological problem and would unlikely make a good witness. Olivet returns to Moffat but this time records their encounter, where he rapes her. With this evidence, ADA Stone feels he has a strong case but Olivet's close working relationship with the police dooms them. He does come up with another way to get evidence against the doctor.

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(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.

Well, I'm sorry for the wait.

Oh, it's okay.

Uh, did you bring the
menstrual chart we gave you?

It's right here.

And, uh, your last
period, it ended...

(Olivet) Saturday.



Well, pretty sporadic,
huh? Cramps still abnormal?

Yeah, it's... it's never
been like this before.

Well, let's take
a look, shall we?

Will you lie down?

[water running]

Um, come a little
closer, please.

Fine, fine, fine, fine, fine.

Okay.

[exhaling]

Eternity?

What?

Your perfume.

Am I right?

Uh-uh. Uh-huh.



I've always loved Eternity.

Smells of clean sheets.

Relax, relax. You're tensing.

How does that feel?

Fine.

Just fine?

What do you mean?

It should feel good.

Well, it doesn't.

Ah, yes.

Please don't do that.

Yes, right there.

I said to stop it!

We're gonna have to do an
endometrial biopsy as soon as possible.

What?

It's a diagnostic procedure.

At your age cancer can
become a consideration.

Cancer?

We can't rule it out.

You can schedule it with
Miriam on your way out.

[phone ringing]

[sighing]

[phone ringing]

I know the difference between
being examined and being molested.

Did you confront him with it?

I mean, was he aware?

He knew exactly
what he was doing.

[car horn honking]

[sighing]

How do you know?

Afterwards he tried to intimidate
me by bringing up cancer.

We'd never talked
about cancer before.

It was a threat.

What did he actually do?

What do you mean?

Well, he's a doctor.

Isn't he supposed to touch you?

Um, isn't that his job?

I've been seeing a
gynecologist since I was 15.

It never made me feel dirty.

Did she run this by Sex Crimes?

Yeah, I wish to hell she
had gone to the One-Nine.

But the fact is she came to us.

You can't blame her.

Something like this happens,
you go where you have credit.

Okay.

So, we spend what?
Two, three weeks

running this thing
around the block.

Maybe we get some
DA to prosecute,

maybe he gets lucky
and we convict him.

Best-case scenario,
the guy gets six months.

Worst case, a $500 fine
and a "Don't do it again."

Any way you toss this, it's Sex
Abuse Three. It's a misdemeanor.

Yeah, but if you add
up the misdemeanors.

That's a big assumption, Phil.

How many one-time sex
offenders do we know?

I mean, if he's
gonna do this to Liz...

Oh, I doubt if he knew that
she's our in-house shrink.

I say, we at least see if
anyone else ever complained.

But by the book, fellows.

Just like any other victim.

[phone ringing]

Latest in get-rich-quick
schemes: sue your doctor.

You know how many
complaints we get a year?

You don't wanna know.

You're wrong. We do.

Merritt, Alex J., MD.
What do you have?

Complaints are confidential

unless, of course,
disciplinary action was taken.

Well?

Well, that's hard to say, too.

Disciplinary files are routinely
destroyed after five years.

Mr. Hauser, we are
not paid by the hour.

Was there any
disciplinary action

taken against Dr. Merritt
in the past five years?

I've had teeth pulled easier.

(Hauser) Gentlemen,
you've hit the mother lode.

You got something?

(Hauser) No. You do.

This guy's got more blue
ribbons than Betty Crocker.

Member: Ethics Committee,
State Medical Association.

Privileges at only the
best hospitals in the city.

Hospitals? Plural?

'90 to present, Mercy Hospital.

'88 to '90, Manhattan General.

'83 to '87, St. Luke's,
etcetera, etcetera.

This guy can't sit still.

Big shot like that,
hospitals fight over him.

He signs a contract for five
years then he's a free agent.

He's off to the highest bidder.

[phone ringing]

Excuse me.

I hope to God these free agents

do a better job than
the ones out at Shea.

You bat 310, everybody's
happy, you play out your contract.

You go down to 220, whoa,
everybody's looking for a trade, right?

This guy said Merritt
signed five-year contracts.

So his last gig...

Manhattan General.

He was there from
'88 to '90. Three years.

Could be our good doctor
was in a major slump.

Alex Merritt is one of the best.

So why'd you let him go?

We're aware that doctors of his
caliber usually sign on for five years.

Dr. Merritt left after three.

Was an administrative decision.

His or yours?

Dr. Merritt lives
uptown. We're downtown.

Maybe he, uh, was
unhappy about the commute.

(Cerreta) What
about his patients?

Were they happy
when he got here?

Dr. Merritt has a fine practice.

Whatever you're
thinking, you're wrong.

I tell you what
I'm thinking, Doc.

I think your esteemed
colleague screwed up.

Now you cover his rectum
and he covers yours.

We could subpoena
your records, Dr. Reitman.

Don't bother. You want his file?

Take it. There's nothing in it.

At the academy we
had the honor code.

If you knew somebody was
cheating, you had to turn him in

or it was your butt that got
burned. These guys put in

an extra four years of school,
everybody's looking the other way.

Everybody's nervous when they're
lookin' down the barrel of a lawsuit.

Doctors may not wanna talk.
I'm not so sure about patients.

Especially the unhappy ones.

A Park Avenue
medicine man like Merritt.

I figure he doesn't
do his own billing.

Would the billing
service put an asterisk

next to the names
that are molested?

Let me ask you a question.

They overcook your macaroni
in an Italian restaurant.

You ever go back there?

Let's check the billing service.

I tell you, this guy's patient
list reads like the Forbes 400.

At $150 a pop, the good doctor
should be at the top of the list.

Here we go. Donna Marx.

Regular visits every
four months until last July.

Nothing since.

Maybe she got cured.

Of being a woman?

Hold on. Listen to this.

Diane Perkins.
Clockwork until last May.

Ever since the clock stopped.

When it rains... Laura Todd.

Three times a
year for three years.

Nothing since April.

Well, hey, I'm ready. Let's go.

Okay. First stop, Marx.

She's on 21st. Around the corner

is the best marinara
west of Naples.

(Logan) So what
about Dr. Merritt?

What's he done now?

Excuse me?

Alex certainly likes
to live life on the edge.

Every now and then you slip.

Just how far out on
the edge, Miss Marx?

Wouldn't go there
without a parachute.

Last May. Uh, did he
do anything to you?

(Cerreta) We know the
billing stopped in May.

Just because he
stopped billing me

doesn't mean he
stopped treating me.

Oh, he worked pro bono, huh?

Let's call it an even swap.

But that ended six,
eight weeks ago.

(Cerreta) If Dr. Merritt
did something to you,

there's no point
in protecting him.

I don't give a damn
about Dr. Merritt.

Look, we played doctor, all
right? It was good while it lasted.

But eventually his
yang got tired of my yin.

This started when
you were his patient?

Love in the stirrups.
Exciting for a while,

but hell, now I'm seeing
my plastic surgeon.

You only date doctors?

Why not? Something
breaks, they can fix it.

My daughter is heavily sedated.

I believe that talking to her
now would have little value.

Did she ever talk to you about
her gynecologist, Dr. Merritt?

Diane has been struggling
for years with mental illness.

She talks about a lot of things.

At this point we don't know
what's real and what's not.

We would really
like to talk to her.

You understand she's
recovering from a suicide attempt.

I promise we won't push
your daughter, Mrs. Gaines.

[clock chiming]

[birds chirping]

(Gaines) Diane?

Is it hot outside?

Diane, we'd like to ask you a
few questions about Dr. Merritt.

Yes,

it's always hot in his office.

Diane, do you remember the last
time you went to Dr. Merritt's office?

I wore a blue cotton sundress

and no makeup. He liked that.

He smiled a lot.

You bought me that dress, Mom.

It was my favorite.

[dog barking]

[child mumbling]

Do you always change
horses in midstream?

No way he'd get
near me or my baby.

Merritt molested you?

Who the hell knows?

I was in so much pain, he
could have amputated my leg

and I wouldn't have felt it.

You ever have root canal?

It's not one of my
fondest memories.

Well, imagine it without the gas

and on places a whole lot
more sensitive than your teeth.

He performed laser
surgery without anesthesia.

But did you report
this to anyone?

The brass at Manhattan
General know me by name.

The State Medical Board tells
me everything was by the book.

Simply the doctor's choice.

I read about guys like
this. But who'd think

they'd have MDs
next to their names.

Dr. DeSade. The guy's a sadist.

[car honking]

There's a reason complaints by
the public are kept confidential.

It's called CYA.

If we disclosed every
complaint by every crackpot,

no one would feel
comfortable visiting any doctor.

When you buy a car, it's
caveat emptor. But a doctor is...

Is human. Which means
sometimes he makes mistakes.

Are you saying
Merritt made mistakes?

I'm saying some patient's
temperature stays at 98.9 for two weeks,

first stop is my committee where
they file a 200-page complaint

with affidavits from everyone
from Aunt Susie to Rover's vet.

I can't be expected to
take them all seriously.

What about surgery
without anesthesia?

Yes, Miss Todd complained
about Dr. Merritt's procedure.

Yes, we took it seriously.

But no, he did not
do anything wrong.

I thought "bite the bullet"
went out a long time ago.

A lot of people who
die during surgery,

die because of the anesthetic.

My committee reviewed
Dr. Merritt's actions.

We concluded that
everything he did

was in the best interests
of this particular patient.

Oh, good. So only
the patient didn't agree.

You get the feeling we're
chasing our tails here?

The Medical Board may
keep its complaints a secret.

But the State Supreme
Court does not.

Maybe this guy was sued.

Liz. Is she all right?

She is a psychologist. If
anybody's trained to handle it, she is.

Nobody trains
you to be a victim.

Merritt. Two R's,
two T's. Alex J.

How far back should I go?

What is he, about 50?

How about 1973?

Merritt vs. Merritt.

Coincidence?

A matrimonial.

(Celia) The doctor's wife.

My generation, that
was as good as it got.

I guess it wasn't that good.

Marriage. Tried it
once, didn't like it.

Maybe it's who you were
married to, Mrs. Merritt.

When we divorced Alex
took the car, the furniture.

I threw in the name for free.

I'm back to being Celia Walsh.

So how long were you
married, Miss Walsh?

Well, we met his first
week at medical school.

I was a junior.

The day after I
graduated, we married.

The day he completed
his residency, we divorced.

Six joyous years that took me
10 years of therapy to forget.

Your husband abused you?

It's odd what one endures
under the heading of love.

I guess I should be
happy. I survived.

The second Mrs.
Merritt wasn't so lucky.

[phone ringing]

What the hell is this?

That's Teresa Merritt.
The doctor's second wife.

They were only
married two years.

(Logan) ME called it a suicide.

She's only 23
years old. Overdose.

(Cragen) What, you
think Merritt drove her to it?

Come on, Donny. She
was sending a message.

Yeah, she's into kink.

Or maybe not.

Found her in the
doctor's office.

The hood: Uniform of choice
in your finer S & M clubs.

Well, was the hubby in
town when this happened?

Nope. In Vancouver, lecturing.

But this tells us
something about him.

Obviously he's a sadist.

My guess: The wife
didn't like it anymore.

Like it, not like it.
Where's the crime?

A doctor who likes
to hurt people...

Hey, wait... wait.
Wait a minute.

Liz never said anything
about getting hurt.

She said he touched her. Period.

Whatever track you're on
here, I think it's the wrong one.

Hey, we're barely out the
door and already we got this.

Well, if you had any evidence
that the guy was dangerous...

Maybe we do.

[phone ringing]

Hmm.

I knew the man was creative, but
I never dreamed he was into this.

What's that, Miss Marx?

Voyeurism.

Hope to God I'm not in
any of his photo albums.

Dr. Merritt didn't take these.

These are police
photos of his dead wife.

She killed herself
in his office.

Now I see why he
wouldn't let me wear a hood.

You're into...

Don't knock it, sweetie,
until you've tried it.

So why'd you leave him?

Nothing turned
Alex on like fear.

When I was scared of
him, his rockets fired.

It was great until he said
"boo," and I didn't jump.

So he dumped you?

I may be kinky,
but I'm not crazy.

Thanks, Sandy.

He's a lifetime member
of the Marquis Club.

And I'm a member of the Elks.

Are you gonna arrest me for it?

There's a big difference, Donny.

At your monthly meetings
nobody ends up bruised.

It's a private club.
Consenting adults.

Nobody's breaking the law.

Not when one of the
adults doesn't consent.

You show me one. I'll
arrest the guy myself.

Look, I think we can
use some of this stuff

as ammo in Liz's
molestation case.

It shows intent.

And maybe I can squeeze
an apple and get orange juice.

One has nothing
to do with the other.

In a court of law it's
called inadmissible.

The guy is dangerous. If he
hasn't crossed the line yet, he will.

And then we'll arrest him.

I'm sorry, fellows, without
more the DA can't prosecute.

And it's not a
good idea to tell Liz

about Merritt's
extracurricular activities.

Yeah. Why should she
know how lucky she is?

We talked to everybody we could.

If there were others who were
molested, they're not talking to us.

That's not unusual.
For most women,

it's too devastating
to even think about.

And if they won't come
forward our hands are tied.

Well, I've come forward.

So what's next?

Did you talk to Stone?

The DA's office said
that getting an indictment

would be like climbing
Mount Everest.

What the hell does that mean?
This guy is not gonna stop.

As long it's just your word
against his, they will not proceed.

[siren wailing]

(Dr. Merritt) Call the Imaging
Center, schedule an ultrasound.

So, how are we today, Elizabeth?

Uh, little nervous.

Oh, don't be. It'll all be
over in 30 minutes or less.

Uh, would you lie down, please?

I'm gonna give
you a local. Miriam.

Lidocaine.

(Olivet) Oh.

Relax.

Chances are you
won't feel a thing.

At most a little discomfort.

Okay. That'll be all.

[groans]

All right, we'll just give
it a couple of seconds.

[panting]

I... I can't

[gasping]

move.

(woman on PA) Dr. Marcus,
please report to Recovery Unit Four.

Victim walked in
about 40 minutes ago.

Vaginal pain. Soreness.

Calm as Cayuga's waters,
but that's no indication.

She was raped?

There was
penetration, ejaculation,

no wounds, but lots
of heavy bruising.

He left finger
marks on her thighs.

When Forensics runs the samples,

we'll know all about the
party of the second part.

I already got a
name. Dr. Alex Merritt.

Gonna make for some
interesting dinner conversation.

My wife's an OB. Merritt was the
lead examiner for her comprehensives.

You guys excuse me?

Why do I feel like
taking a shower?

Mike, we didn't
tell her to go there.

I'm gonna call the lab.

See if we can get this thing
put on the top of the list.

[knocking]

You okay?

I've had better days.

Run the kit, Mike.
Lock the bastard up.

Yeah, well...

You know, I gotta ask you.

What were you thinking, going
back after what he already did?

That makes a difference?

Of course it does.

Somebody had to stop him.

He drugged me. I don't know. I
think it was diazepam, I don't know.

Doesn't that remove
any question of consent?

Doesn't that make it Rape
One no matter how you cut it?

You know what's coming.

You've been there.

He'll be on the stand

claiming you asked for the
drug, that it put you in the mood.

Well, he can claim
whatever he wants.

Here. People's Exhibit One.

She taped it? She's a Ph.D.

She should've had more
sense than to go back there.

She didn't figure
on being shot up

with a sedative and
then getting raped.

Our problem is that
the sedatives wear off.

Blood scan?

Nothing.

Let's hope the good
doctor's a talker.

(Dr. Merritt on tape) Oh.

Oh, yes.

[Dr. Merritt moaning]

Ah, this is what you wanted.

Yeah. You begged for it, bitch.

Be tough talking
his way out of that.

Well, I think we may be the
ones doing the fast-talking.

A crime committed
against someone

who works for the
police department.

Knee jerk defense. Entrapment.

Yeah, but she went in for
a biopsy, for God's sake.

She wasn't there
for an examination.

She took that tape recorder.

There's no law against an
ordinary citizen gathering evidence.

She's not an ordinary citizen.

She works for us.

Only when we ask for her help.

Phil, tell me honestly,
was Liz working

on behalf of the
Police Department?

Absolutely not.

Arrest the son of a bitch.

How ironic.

Excuse us, gentlemen.

(Dr. Merritt) Uh, just a moment.

There's a meeting going on here.

Please stand up, sir. What?

Dr. Alexander Merritt,
you're under arrest

for the rape of
Elizabeth Olivet.

You have the right
to remain silent.

Anything you say may be used
against you in a court of law.

Tell Miriam to call
my lawyer, will you?

You took the words
right out of my mouth.

The victim ID'd her
assailant. Samples match.

I'd say we're in
pretty good shape.

And I'd say Judge
Silver doesn't agree.

Why else would
he grant my motion

to close the courtroom
to the press, hmm?

Obviously he doesn't want
to destroy an innocent man.

He hasn't heard
evidence to the contrary.

What evidence? The
woman asked me to...

And you drugged her.

Drugged her with what?
He gave her a local.

That doesn't prevent
her from screaming.

The victim said
it was a sedative.

Oh, please.

You take the word of
an hysterical woman

against your own
Forensics experts.

Come on, Ben.

They had a little
fun in the afternoon.

It cannot be rape when
both parties consent.

I saw the bruises. I heard
the tape. I didn't hear consent.

Mmm-hmm. And you didn't
hear something else, either.

You didn't hear the word "No."

The woman gets naked,
she spreads her legs,

and then she turns
on a tape recorder?

Didn't I read that in last
month's Penthouse Forum?

Danielle, she suspected
something would happen.

Gee, Ben, now I know
why you're living alone.

Fact: The only woman who
would knowingly put herself

in a position to get
raped is a policewoman.

So please, go ahead, fellows,
use the tape. You will open a can

and a hell of a lot more than
worms are gonna crawl out.

I will give you a hint. It
begins with "E," it ends with "T."

And I do not mean entertainment.

(Dr. Helman) There
were semen samples.

Her vaginal area was bruised.

And there were hematomas
on her calves and thighs.

Would you identify these
photographs, Dr. Helman?

Yeah. They are the photos that
our rape expert took of Dr. Olivet

shortly after she
arrived at the hospital.

Offered as evidence, Your Honor.

Call them People's
10, 11, and 12.

Dr. Helman, in your opinion,
what happened to Dr. Olivet?

I've been doing
this for six years.

In my opinion, that
woman was raped.

Thank you.

In your six years of
experience, Doctor,

have you ever seen a patient with
vaginal bruising who was not raped?

Yes.

And did your rape
experts scrape underneath

the fingernails of
the alleged victim?

Yes.

And did they find samples
of the defendant's skin?

No.

Well, doesn't that
typically indicate

that the alleged
victim did not resist?

It might...

In other words, she
might have consented.

Objection.

Withdrawn.

(Dr. Merritt) Now we'll
give it a couple of seconds.

[Olivet groans]

(Olivet) I... I can't move.

[Dr. Merritt moaning]

(Dr. Merritt) Oh.

Oh, yes.

Ah, this is what you wanted.

Yeah. You begged for it, bitch.

[Dr. Merritt moans]

Would you describe what
we just heard on the tape.

I was on the table in
the examination room.

Dr. Merritt's nurse, Miss Gregg,

prepared a syringe
and then left the room.

He gave me an injection.

Were you aware that drugs were
gonna be part of this examination?

He told me it was a local.

I've had minor surgery
before and that wasn't a local.

It was some kind of sedative.

Objection, Your Honor.

Sustained.

How did it make you feel?

I couldn't move.

Were you conscious?

I saw everything he did.

And what did he do?

His eyes glazed over.

I heard him unzip his pants.

I tried to scream, to
push him away. I couldn't.

He was on top of
me, then inside me.

No further questions.

Miss Olivet. Would
you tell the court, please,

exactly what you did after
you left Dr. Merritt's office?

I called the police and
went to the hospital.

You dialed 911?

No. I called Det. Michael Logan.

But you were on 76th.

Wouldn't it have been easier
to call the 19th Precinct?

I have a personal
relationship with Det. Logan.

You have more than that, don't
you, Miss Olivet? You work with him.

I've advised on...

Oh, come on, come on.

Every other Friday
your paycheck says

New York City Police
Department. Is that not true?

Yes.

Would you tell us, please,
who is Dr. Barbara Lawrence?

Miss Olivet?

She's my doctor.

What kind of doctor?

She's a gynecologist.

(Melnick) I see.

And she's been treating
you for the last 12 years?

Yes.

And when was the last time
she examined you, please?

Last September.

Yet you saw Dr. Merritt once in
August and two times in September.

Do you see two
dentists, too, Miss Olivet?

Objection.

Sustained.

How about Diane Perkins?

You recognize that name?

Relevance.

Your Honor, Diane
Perkins is a patient

of both Dr. Olivet
and Dr. Merritt's.

The jury will disregard
Miss Melnick's statement

and I'll see counsel
in chambers.

I don't see how it's relevant.

It is when you guys
are out to play sting.

Your Honor, my
client was entrapped.

Explain, Miss Melnick.

Six months ago, Miss Perkins
underwent a routine pelvic.

Only, she freaked out. She
claimed that Dr. Merritt molested her.

In other words, your client
was predisposed to sex crimes.

This woman file charges?

(Melnick) Of course not.

She thinks the guy on the
6:00 news is making eyes at her.

This woman has deep
rooted psychological problems.

So it's no surprise that
she's a regular at Dr. Olivet's.

But the problem is, the therapist
believed the patient's fantasy.

And now Dr. Olivet is
out to destroy a man's life.

I'm sorry, Ben, but the
rantings of one disturbed woman

may be cause for suspicion, but it
in no way establishes predisposition.

You plan on putting Miss
Perkins on the stand?

She won't waive her
doctor-patient privilege.

Then no one else
will do it for her.

There'll be no further mention

of Diane Perkins
in my courtroom.

Count your blessings, Ben.

If this were admissible, we'd
all be going home right now.

What the hell is going on?

I was raped. That's
all you needed to know.

It would've helped to know
the alleged victim was lying.

I never lied to you.

The only reason you went
to Merritt is for Diane Perkins.

That has nothing to do with
me being drugged and raped.

It had a lot to do with
why you were raped.

You want to know
why I went back?

I sent Diane to Merritt.

My gynecologist
wouldn't see her,

and I bought into
his reputation.

The awards, the
articles. I was responsible.

But you did it the wrong way. If
you suspected she was molested,

you should have
gone to the police.

With what? She
refused to come forward.

I didn't know whether to believe
her. She's been delusional

and she certainly couldn't have
testified against the esteemed doctor.

She tried to kill herself, Ben.

You of all people should know
the importance of full disclosure.

You had a legal obligation.

I had an obligation
to my patient.

And in my profession,
that's all that counts.

It happens.

Especially with
someone like Dr. Merritt.

I mean, women just fall
for their gynecologists.

Was Miss Olivet
one of these women?

I guess so.

Miss Gregg,
describe for us exactly

how Miss Olivet acted
toward Dr. Merritt.

She got very personal.

And isn't getting personal
part of the examination?

No. It was different.
The way she talked.

She was definitely
interested in more

than an examination
from Dr. Merritt.

Objection.

(Judge Silver) Sustained.

No more questions.

Miss Gregg, how long have
you worked for Dr. Merritt?

Almost three years.

And what is your annual salary?

$40,000.

Are you a registered nurse?

No.

And if Dr. Merritt
were convicted

would you be making that much
money with any other doctor?

Objection.

Withdrawn.

Of course you didn't hear
the flirtations on the tape

that occurred in my office,
prior to the examination.

Was this the first
time she was friendly?

Miss Olivet's dialogue was
suggestive from the moment we met.

As a matter of fact, she
called me earlier in the day

and it wasn't about her
scheduled appointment.

I shouldn't have made
love to her. I realize that.

I regret it. But there's no
way in hell that I raped her.

Thank you, Doctor.

Doctor, your nurse,
Miss Gregg, testified

that many of your patients become
suggestive with you, is that true?

Yes.

Was Dr. Olivet the only
one you ever had sex with?

Objection. Relevance.

Offered to show defendant's
predisposition, Your Honor.

The defendant is predisposed
to have sex. He is a human being.

The issue here is whether
he had non-consensual sex.

Sustained.

Then tell me about
your second wife, Doctor.

Specifically, why she killed
herself wearing a leather hood.

(Melnick) Objection. Relevance.

Your Honor, the defendant tends

towards aberrant
sexual practices.

And this is offered to show his
predisposition to criminal sexual behavior.

Approach.

Whatever my client may have
done with consenting adults

is not criminal sexual behavior.

The man's hobbies
are not relevant.

Try it again, and you're
looking at a mistrial.

The objection is sustained.

The jury will disregard
the preceding question.

Dr. Olivet testified
that after the injection

she was left immobile,
nearly unconscious.

Is that a typical reaction
to an anesthetic, Doctor?

Some people have
allergic reactions.

I gave her a local. A
small dosage of lidocaine.

It was for her own benefit.

Do you usually anaesthetize
your partners before sex, Doctor?

Objection.

Withdrawn.

Do you call all your
women bitches, Doctor?

Your Honor!

Enough, Mr. Stone.

Madam Forewoman,
have you reached a verdict?

We have, Your Honor.

On the sole count
of the indictment,

Rape in the First
Degree, how do you find?

We find the defendant guilty.

[people applauding]

Is this unanimous?

It is, Your Honor.

It is your job to listen
to all of the evidence,

not pick and
choose at your whim.

The evidence clearly established

that but for the
actions of the police,

Dr. Merritt would never have
formed the requisite criminal intent.

And the State utterly
failed to demonstrate

that the defendant
was predisposed

to criminal behavior.

Your Honor...

When a respected doctor

without any prior tendency
towards criminal behavior

is induced, and very
possibly seduced,

into committing a
crime, it's an outrage.

I, for one, will not
ruin a man's life

because the police
overstepped their bounds

and a jury is too
blinded by graphic photos

and emotional
testimony to see it.

As such, I'm entering a
trial order of dismissal.

[laughing]

[people chattering]

He could just disregard
the jury's verdict?

If he feels the jury
disregarded the facts presented,

yes, he can.

Yup. We should've
seen it coming.

Hon. Keith Silver wrote the book
On the Rights of the Accused.

He thinks Miranda
five pages too short.

So Merritt just walks
away scot-free?

Oh, there's got to be others.

What about that Perkins woman?

I can't imagine what
a trial would do to her.

She's still unable to tell
me exactly what happened.

What do we know
about that nurse?

I know she lied for
him on the stand.

Job's that good,
it's worth jail time?

You think he's got
something on her?

I thought you can't retry him.

Not for what he did to you, but
we do know the doctor has a history.

Check out Nurse Gregg.

Miriam Gregg. It's no wonder she's
attracted to the medical profession.

Two drug convictions,
using and selling,

mostly prescription,
mostly Percodan.

I'm sure Dr. Merritt has
an unlimited supply of that.

So he bought her
help and protection.

She prepared the syringe.

She knows it was a
sedative not an anesthetic.

Unfortunately, the drug
scan can't confirm anything.

Well, maybe Nurse
Gregg is not up-to-date

on the latest in
forensic science.

You're accusing me of rape?

Gee, sorry, fellows, but I like
my sex the old-fashioned way.

No, I'm sorry, Miss Gregg.

You prepared the syringe
and it wasn't an anesthetic.

Makes you an accomplice.

You can't prove anything.

Science is a wonderful
thing, Miss Gregg.

FBI tells us that the new
gas chromatography tests

can prove that it was a
sedative in the syringe.

The good news is that your
Percodan supply's dried up.

Better news is that we
have enough evidence

to prosecute you for Rape One.

You mean he gets his
jollies, and I have to go to jail?

For at least 25 years.

We're not talking
about only one count.

But, wait a minute. That Perkins
woman, he did that on his own.

If I was raped why
don't I remember?

You know, I think I'd
remember being raped.

I wanted to shut it out, too.

Just act like it
was a bad dream.

It won't go away, Diane.

I think it was someone else.

I don't think it happened to me.

I know.

I felt like it was
someone else, too.

Like I didn't exist.

I had these terrible cramps.

What kind of cramps?

I don't know.

He was sweating, and
all I could think of was:

It's not hot in here.
Why is he sweating?

My feet were in the stirrups.

I... I tried to get
away but I... I couldn't.

He just left me there

with my legs up.

[crying]

He didn't say anything.

He just snapped off his gloves.

He threw them away,
and he walked out.

He left me there like I
was a piece of garbage.

It wasn't your fault, Diane.

She remembers,

but putting her on the stand
would be disastrous for her.

With the nurse to corroborate,

all she has to do
is say it happened.

(Olivet) Merritt's
lawyer will destroy her.

She thinks she's responsible.
She thinks she seduced him.

That's ridiculous.

It's typical.

Without her testimony,
Liz, we can't prosecute.

After he raped me, he just
smiled and left the room.

After the acquittal he
had that same damn smile.

It was like he was bragging
to everyone in the room.

"I did it and I got away with it

and there's nothing
anyone can do."

You mean, bragging
is part of this?

It's what makes his
conquest complete.

Call Cerreta and Logan,
and have Dr. Merritt arrested.

Ben, I told you...

(Stone) Diane
won't have to testify.

And make sure that
the local news knows

when Merritt will be arraigned.

[reporters chattering]

Do you think you'll be
successful this time?

I don't go forward unless
I think I have a case.

Yeah, but is it a good case?

What's the problem?

Dr. Merritt's guilty. Why
has it been so difficult

to successfully prosecute him?

It's the same with
most rape cases.

Even more so when
doctors are involved.

The victims feel
disgraced. They feel guilty

and they're ashamed
to come forward.

(reporter #1)
There's Dr. Merritt.

Excuse me.

(reporter #2) Doctor, will you
be exonerated of all charges?

(reporter #3) Could we
get a statement please?

I assure you, I've
done nothing wrong.

I treat women, I
don't rape them.

Women respect me.
It's been my success.

Look, this is a vendetta by
the DA's office, pure and simple.

This case will
never get to trial.

Arrogant SOB.

He can afford it.
He's one for one.

You telling the world that we don't
have a case only feeds his ego.

We're working on it, Adam.

We'll have a case.

I hope to hell we do.

Or we'll all be dancing in front
of the disciplinary committee.

I hope this works.

A lot of people watch
the 6:00 news, Paul.

You pursue this, Ben,

I'm going to the
appellate division.

Retaliatory prosecution.

If you are lucky, my dear,
you will just get disbarred.

You do what you have to do.

(Melnick) You've been
humiliated in court once,

and that was with a
Ph.D. on the stand.

Can you imagine what happens
with a psychopath and a drug addict?

Please, Ben, drop the
charges against Dr. Merritt.

Consider saving your own career.

When I was a boy I
collected baseball cards.

And there was this one kid

who convinced me to trade a
Duke Snider for a Gene Hermanski.

He said it was a good deal.

What the hell does that mean?

(Stone) I learned the hard way.

For a deal to be good, there
has to be equal consideration.

And there's no way you can
cough up enough consideration

to justify a deal for him.

Why?

Fifty-four women you either
raped, molested, or abused.

In the future, sir, stay
off the evening news.

[sighing]

Okay, Ben, what do you want?

In a perfect world, I'd
like to see your client

locked in a room for a
week with these women.

But I'll settle for seeing him

spend the rest
of his life in jail.

I'm faking it.

Faking what?

I was halfway through a session
this morning with this woman

when I realized I
hadn't been listening.

I hadn't heard what she said.

It happens.

Doesn't happen to me.

It'll pass.

Will it?