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

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.

Yo. 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.

Yo. 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. Thanks.

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.

Wait. 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.m.

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.

Oh. 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.
100 hours a week.

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. S.K."

Do you have any idea
who S.K. 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.

Yeah. 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?

90,000.

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.

Brody. Get up.

Police. 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.
Katie.

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.m.

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.

Ms. 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.m.
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.m.

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.m.

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.

Mr. 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?

1:30.

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.m.

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.

Mr. 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.

Damn. You cleaned it already?

If someone drops you 500
for doing a speedy job,

you do a speedy job.

Yeah. Thanks.

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.

Ms. 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.

Ms. 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. Keener.

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. White.

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.

Mr. 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. McCoy.

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.m. 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. Ms. 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. Keener.

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.

Ms. 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. Keener.

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.

Hi.

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. Relevance.

Goes to credibility, Your Honor.

Carefully, Ms. Galiano.

Yes.

Dr. Warren.

Did you tell Dr. Warren that you
feel resentment toward your mother?

Objection. It's privileged, it's
hearsay and it's irrelevant.

Sustained. 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
2:00 in the morning.

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
12-year-old granddaughter, Mr. Keener...

Objection... And that the alibi

you're providing today...
Objection.

Was paid for with your
daughter's silence three years ago?

- Order, Mr. McCoy.
- Sidebar, Your Honor.

Or was it paid for in 1982?

- Mr. McCoy.
- Objection.

Mr. McCoy! Your Honor.

Chambers.

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. Keener.

Back in session in five minutes.

We'll take the deal
you offered, Jack.

Man one. Ten years.

Not a chance. Come on, Jack.
Please.

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.

Good. No more deals.