Law & Order (1990–2010): Season 5, Episode 11 - Guardian - full transcript

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.

(CHURCH BELL TOLLING)

(PEOPLE CHATTERING)

So this mugger
doesn't find any money.

He says to the lady,
"Where is it, in your girdle?"

Sister, you're not listening.

It's almost 8:00. The
children will be here soon.



Look at this.

I wish these people would at
least pick up after themselves.

Anyway, he feels
all around her girdle.

Again he says, "Where's the money?"
And the lady says, "Keep looking.

"I'll send you a check."

(LAUGHING)

Isn't that funny?

(GASPS)

Oh, God.

The kids don't need to see
this. This is a daycare center.

Every morning we clean
up after these junkies.

We always gave them food.
Maybe it wasn't such a good idea.

Was this girl a regular
in your soup line?

I don't think so.



But there's so many of them.

Thank you.

(MAN CHATTERING ON RADIO)

Picked clean. No ID, no money.

Around here, we
should be surprised?

Hey, Mike. Enrico Sariego. Says
he was partying here last night.

Good morning, Mr. Sariego.

So, is this one of
your party pals?

No. I never seen her before.

And anyway, I like a little
meat on my girls, you know?

What time did the
festivities end last night?

I don't know. I
booked around 3:00.

I didn't wanna be around here
with these nuns. They know karate.

Not for me. Stick
around, all right?

Get him some breakfast.

She's dead about four to five
hours. Track marks. Vomit on the shirt.

It's our sixth OD this week.

New high-octane heroin.
It's 90% pure, 100% deadly.

Look at that.

Almost see right through.

I don't know about you, but I
broke out the thermals last night.

She's a junkie, Mike. She
probably thought it was July.

So she gets out of the heat and
lies down here to get comfortable?

You ever pass out
with your arms crossed?

No, I was always on my face.

Somebody dumped that girl.

What, a little bundle
left for the nuns to find?

Yeah. Like a baby in a basket.

(WOMAN CHATTERING ON RADIO)

24 hours?

Minimum. We're backed up.

Two shootings uptown, a stabbing,
couple of undetermined causes.

Next time I'll call
ahead for a reservation.

Is there anything
you can tell me?

Victim's 20 to 24 years old.
No signs of trauma or assault.

Pupil dilation consistent
with an overdose.

She was outside for
at least four hours.

Exposure?

No outward signs of frostbite. Her
airways are clear. She didn't choke.

Oh, this is nice.

She has porcelain caps all
around, uppers and lowers.

Somebody laid out
20 grand for this smile.

And we sent the dental records to
Missing Persons, but there's no match.

Personal effects?
Just her clothes.

What have we got? Silk blouse
from Versace. Skirt's by Jil Sander.

Not exactly winter
gear from LL Bean.

Make some calls,
maybe you can trace it.

Am I missing something? This
is hardly the crime of the century.

The girl OD'd. She was a junkie.

A junkie with a $20,000 smile

and clothes I only get
to look at in magazines.

So she was a rich
junkie. Who cares?

I care why somebody dumped her
body. Narcotics Division sent this list.

Dealers arrested in
sweeps of the area where

she was found. See if
any of them knew her.

If I say I know her, you
gonna ask, "Did I sell her?"

Then maybe I have to lie to
you. Then you get all pissed off,

and I end up with steel
on my wrists, my man.

Look at the picture, Pappi, or you're
gonna end up with steel in your mouth.

Nah. She ain't one of mine, man.

Cross your heart
and hope to die?

Yeah, man. Come on.

Take off.

Little Man here says
he might know Jane Doe.

If you promise to talk to
my probation officer, right?

Oh, sure. We'll tell him how we
found you hanging here on Needle Row.

Maybe a couple more years
upstate will help your memory.

You know, it's
coming back. I bet.

Miss Jane Doe and the Viking
were preferred customers.

The Viking?

This tall, blonde dude.

A guy named Erik.
Fine looking couple.

When's the last
time you saw them?

I haven't seen
the girl in a while.

The Vike, a week maybe.

The dude works the door
upstairs at Club Beecees.

Her name's Katie
Blanchard. She OD'd for real?

Found her behind
a dumpster. For real.

That's cold.

You talked to her last night?

Seen her maybe a couple of times
since we busted up three months ago.

We were going pretty hot, then
she went crazy with the junk.

I had to cut her loose.

Yeah, right, because
you're high on life.

So I light up a bowl on
the weekends, big deal.

She was fixing up maybe
four or five times a day.

Well, in between getting stoned,
did she ever mention her family?

No. Wasn't a big item with her.

The only one she ever talked
about was her kid brother, Matt.

Did she ever say
where her family lived?

She might've said something.
I wasn't paying attention.

Sounds like you two
were made for each other.

Hey, if I wasn't hooked
up with somebody else,

maybe I'd have given
Katie another chance.

I heard she was trying rehab.
Some place near Thompson Park.

HERBERT: Katie shot a lot of
heroin into that blue blood of hers.

You know, she was Ken Blanchard's
daughter. He ran for the Senate.

Yeah, I remember him. Died
in a car crash a few years back.

Yeah. He was DWI.

Listen, no offense or anything,

but shouldn't his daughter have been
at some four-star rehab in Connecticut?

Katie was cut off
from her family.

You know, this may not be the Queen Mary
of rehab, but it's not the Titanic either.

We provide the basics.
Methadone and therapy.

Well, it doesn't sound
like it was enough.

HERBERT: Well, if
you give it a chance.

Katie was with the program
for about two months.

Then about a month
ago, she walked away.

Any idea why?

Look, I got the feeling that rehab was
something she did to con her family.

She'd stay clean for a week,
then disappear for a few days.

Another week here
and then the same thing.

So where does her family live?

I'll get the address.

She was found where?

In a playground on
the Lower East Side.

She died outside?

I thought she was in rehab.

Oh, well, the people there
told us she left a month ago.

Oh, I'm not surprised.

Every place I sent her, she'd stay
long enough to pass a blood test,

then she'd ask me for
money. It all went to drugs.

Finally, I had to
say, "No more."

Did she come here?

She knew better.

My youngest, Carlie,
is still in high school.

I refused to let her
see her sister like that.

I know a mother shouldn't say
this, but Katie was my favorite.

She was so beautiful.
She could've...

She was also the most trouble.

We're trying to determine who she
might've been with when she died.

Were there any other relatives
she might've been in touch with?

We heard she had a brother.

Matthew. He was at
Yale Law. Second year.

Maybe you should
speak to Jerome Kamen.

A friend of your daughter's?

Our business adviser.

He was at college
with my husband, Ken.

Ever since he died, Jerry's
been like a father to my children.

Any arrangements that need
to be made, you talk to me.

Actually, we're wondering if
you talked to Katie recently?

On the phone, briefly, and
she stopped by a few times.

You know where she was staying?

At a rehab center.

BRISCOE: Well, not for the
last month. We talked to them.

She told me she was doing fine.

What did she come
to see you about?

Money. Her mother
had cut her off.

She told me not to
give Katie a dime.

Tough love.

Yeah. To put it mildly. With
Meryl, it's her way or no way.

But I've known the children
since they were babies.

I thought about what their
father would've wanted me to do.

So I gave Katie a few dollars.

All she had to live on were
her social security checks.

Well, she didn't look 65.

The federal government
considers addiction a disability.

They send her
checks twice a month.

Even though the
family's worth millions?

That money is held in trust.

She had to survive somehow.

Nice lady, this Mrs. Blanchard.

She was hosting cocktail parties

while her daughter
was living on the dole.

Right, she should've let the kid
shoot the family fortune into her arm.

Oh, you'd throw your
daughter out on the street?

My daughter could go through
my fortune in about a day and a half.

Yeah, but what if you
had Blanchard's money?

Hey, maybe if somebody had
kicked me out when I was drinking,

I wouldn't have wasted
20 years inside a bottle.

Hell of a gamble.

Anyway, Kamen said she got
checks every two weeks, right?

Social security must've
known where to send them.

Under the Social
Security Act of 1972,

addicts are entitled
to $750 a month.

What?

Somebody actually
thinks this is a good idea?

You'd rather they mug
you for their money?

Look, we don't simply
hand money to the addict.

We send a check to a
responsible payee, usually a parent.

The payee gives funds
to the recipient as needed.

So who was Katie
Blanchard's payee?

Herbert James Fowler.

He runs the rehabilitation center
where Miss Blanchard was staying.

That's where we sent the checks.

When was the last check cashed?

Last week, by Mr. Fowler.

(ON SPEAKER) I told you, Katie
left the center four weeks ago.

Well, according to Uncle Sam,

you were still
cashing her checks.

Mr. Fowler had the authority
to cash those checks.

If she's there he does.

Maybe she never left
the rehab, huh, Herb?

Maybe she OD'd there.

Look, that didn't happen.

(SIGHS)

Look. She was a walking disaster.
She was never gonna get cured.

Rehab was a
revolving door for her.

I thought she'd come back sooner
or later. I was holding her money.

Where? In a bank? Or
under your mattress?

It's in the general
operating fund.

Really? Okay.

I'm sure the Feds can
help me track it down.

We don't really have to
get them involved, do we?

Why not? If he's
got nothing to hide.

I swear to God,
she wasn't there.

What's the problem then?

She wasn't the only junkie
you were ripping off, was she?

Okay. Look...

If he's ready to admit to
fraud, you have to believe

he's telling the truth
about not seeing her.

If nothing else, you
uncovered his scam.

Great. I'll tell Mrs. Blanchard
her daughter didn't die in vain.

(BANGING ON DOOR)

Lieutenant, I've got the autopsy
report on Kathleen Blanchard.

Oh, thank you.

Inconclusive for hypothermia. She died
of an overdose of high potency heroin.

She must've had
some going-away party.

The party was
catered in Chinatown.

According to this, her last
supper was duck and hoisin sauce.

Peking duck. Thirty bucks
a pop. Some taste, huh?

Life wasn't all fun and games.

The ME found some hemorrhaging
on the walls of her uterus.

Meaning that she had an abortion or
a miscarriage in the past two weeks.

Katie left four weeks ago.

You marked it in your calendar?

My second wedding anniversary.

My husband, Raoul, he's
doing a bullet at Rikers.

Anyway, I haven't
seen Katie since.

Well, maybe she paid a visit during
your lunch break. You got a sign-in book?

This look like Betty
Ford? People don't sign in.

Even if she did come
back, it makes a difference?

We figure she got pregnant here and maybe
one of your residents is the proud papa.

And she might've
gotten in touch with him.

One of these losers?

She'd have to be pretty hard up.
Besides, Katie had some guy on the outside.

She ever tell you his name?

Some short name.

Rick. Erik?

Could be. I figure
that's where she went.

I mean, she took one of those home
pregnancy tests. The stick turned blue.

She flipped out. The
next day, she split.

Come on, man. How many
times we gotta go through this?

Until you get it right.

See, the way we hear it, when
Katie came back from rehab,

she had a little surprise for you. You
were gonna get it in about nine months.

No way. Not me.

No way? She came crying to you.

What did she want?
Money for an abortion?

I didn't knock her up.

I haven't been with
her for three months.

Look, why don't you guys just go take
a bribe or whatever it is you usually do?

You know, you look like
you could use a few pounds.

Why don't we go in the kitchen,

see if there's any milk
and cookies in there, huh?

Okay, Erik, this
is how it works.

We're gonna check her ID.
If she is one day shy of 17,

we toss this whole place, then
maybe we find a controlled substance.

You want me to go on?
Not if you don't have to.

Up to you.

Katie gave me the whole song and
dance. She didn't even look pregnant.

She wants me to pay to
get rid of it. I blew her off.

The kid probably
wasn't even mine.

And since then?

All right, I wonder
what's in this box?

All right. All right.

She called about a week ago. She
was hurting real bad. She needed a score.

And you're the man, right?

I don't deal.

I just know where to
shop. I brought it to her.

Where?

She was staying up on West 81st.

She didn't want me to come
upstairs. She was with some guy.

So I met her on the corner on Broadway.
And that's the last time I saw her.

(CAR HORN HONKING)

You believe this?

Used to be South
Bronx, Alphabet City...

Now these junkies
have trust funds.

Hey, 10 years ago they were
tooting coke through $100 bills.

Maybe they've heard
needles are chic this year.

Which side of the
street you want?

Maybe there's a faster way.

She had Peking
duck before she died.

Okay, chicken and cashew
nut, sweet sour pork. It's $10.95.

About 30 minutes.

Come on, Mr. Woo, three days
ago? She ordered Peking duck?

Same like everybody. It's the house
special. A hundred phone order every day.

Main room always busy.

(PHONE RINGING)

I never see her here.

Maybe the duck went to her. You got
delivery tickets from three days ago?

Hold on.

MAN ON PHONE: Yeah.
I got an order for you.

Yes. Hey, lunch special, $4.95.

Here it is. I'm sure you
have the wrong building.

I'm sure we don't.
Who lives here?

The Cassinis did.

They cashed in city life for Tuscany.
It's been on the market for two months.

Are you sure you have
the right unit number?

K-T, 14-C. Peking duck.

As clean as a whistle, right
down to the empty waste baskets.

Why? What were
you expecting to find?

How about this girl?

Have you ever seen
her here before?

Yes.

She's Mr. Cassini's niece. She's
been staying here the last month.

Staying here alone?

Well, yes.

Why, what's... She's not
the one who... Oh, dear God.

Who told you she
was their niece?

Their business
manager, Mr. Kamen.

Jerome Kamen?

She's been staying
here with his permission.

Understand my situation. It
was the Cassini's apartment.

If they found out...
Well, you can imagine.

Right now my imagination's
working overtime.

I'm sure it is.

Katie came to me. She
said she was pregnant.

She didn't want to give
birth to a drug-addicted baby.

I gave her some money
and told her to go to a clinic.

And the keys to the Cassini place,
you just throw those in to cheer her up?

She wouldn't go back to rehab. Her
mother didn't want her in the house.

I wasn't gonna let
her sleep on the street.

Well, that's all
very commendable,

except for the lies and the
clean-up job at the apartment.

All I did was pack up her things
after I found out she was dead.

I have her suitcase right here.

As far as we're concerned, that
apartment is the scene of the crime.

So, you don't mind if we conduct
a little search there, do you?

I have nothing to hide. I was just
doing what I thought was best for Katie.

Somebody forgot to tell this
girl disability money's for food.

Gold necklace. Louis Vuitton
wallet including six $100 bills.

None of which sticks around if she
was partying with her junkie friends.

You know, CSU went through
all of this stuff and the apartment.

Kamen's prints
are on everything.

Well, he packed her suitcase
and he was showing the apartment.

Which means he opens the
door and says "Look around."

But his prints were in the bathroom,
they were all over the furniture.

Look, he shacks her up in this
place and then he lies about it.

I, for one, don't believe
in his Father Flanagan act.

I, for one, am jealous.

Divorced, middle-aged
guy, young single girl...

None of which ties
him to her death. Yeah.

But say Kamen gets an itch. He
pops over on Katie but Katie's OD'd.

If he was afraid of her
being found there alive,

now he's got a real problem.

He owns a car.

Maybe he took her
out through the garage.

Well, even if she left
anything behind in the car,

we don't have enough
for a warrant to search it.

Arrest him for hindering.

Still doesn't get us
a search warrant.

Unless you arrest
him in his car.

(SIGHS)

Are we the only ones who
work in the morning or what?

Maybe he telecommutes.

Here we go.

(SIREN WAILING)

You mind stepping out
of the car, Mr. Kamen?

No. You mind telling
me what this is all about?

You're under arrest for
hindering prosecution.

You're kidding.
Yeah. It's all a big joke.

What about my
car? Oh, don't worry.

Your car will be secured and
inventoried for your protection.

I've told you. I was home all night.
I had quarterly reports to finish.

It's been four hours.

You either arraign my
client or release him now.

I'll pass your sentiments
on up the food chain.

I'm running out of stalls. And I don't
think he's up for a game of Scrabble.

Unless we hear something,
we'll have to settle for hindering.

(PHONE RINGING)

Yes.

Thanks.

That was Logan. The labs came
back. They found her vomit in his car,

trace amounts of blood
matched her blood type.

Which means she was still alive
when he took her out of the apartment.

And he let her die in a playground
instead of taking her to an emergency room.

Sure. No doctors, no police,
no embarrassing questions.

We don't know
what his intent was.

He could've been taking her
to the hospital when she died.

For now, we'll charge
him with man one.

Funny, he smells
like murder two to me.

If we get corroborating evidence
on motive, we'll bump it up later.

Well, I trust you're here
to apologize, Lieutenant?

I do my repenting on Sunday.

Right now I'm here
to re-arrest your client.

Jerome Kamen, you're under arrest
for the murder of Kathleen Blanchard.

You have the right
to remain silent.

Anything you say and do
can and will be used against...

"Docket number 8-5-6-9-8-2.

"People v. Jerome Kamen,
manslaughter in the first degree,

"hindering prosecution
in the first degree."

Give me a plea, Mr. Kamen.

Not guilty, Your Honor.

Your Honor, even if you accept
the People's theory in this case,

nothing that Mr. Kamen
allegedly did supports this charge.

Mr. Kamen transported the victim

and left her behind a dumpster
in the middle of the night.

You can both save it for the trial
judge. Can we move on to bail, please?

People request 500,000.

POLLARD: Oh, that's ridiculous.

My client has two children to support,
not including an ex-wife and her attorney.

He has less than $60,000
in his savings account.

We should all be so fortunate.
$150,000 cash or bond.

That's a complete lie.
She didn't die in my car.

She was never even
in my car. Settle down...

I can't listen to this... Jerry.

If she wasn't in your car,
Mr. Kamen, you'd better explain

how her vomit got
there without her.

Well, we will deal with that, McCoy.
But first, I'm curious about motive

for all these terrible
things you say my client did.

He was having an affair
with a client's daughter.

He was afraid of being compromised.
She overdosed. He panicked.

That's insane! I kept
that girl out of the gutter...

Jerry!

And no doubt you have
evidence of this affair.

We'll find the evidence.

He stepped in it up to his
shorts, I'm sure he left footprints.

So this vomit, that's about the
extent of your case, is that right?

Well, then I have
bad news for you.

Omnibus motion to suppress
the evidence from the car

and to dismiss the
charges. Jerry, let's go.

The police knew that they had no
grounds for a warrant to search his car.

So they decided to wait until
they could ambush him in his car

and they could conduct what
they called this "inventory-search."

It's laughable, Your Honor.

Not to the Court of Appeals.

People v. Galak. The
need to conduct an inventory

of a prisoner's personal
effects provides its own rationale

for searching those effects.

POLLARD: Well, they
vacuumed the carpet, Your Honor.

What were they doing an
inventory of? Dust mites?

And the officers had the
arrest warrant for 16 hours

before they decided
to pick up my client.

How about it, Mr. McCoy?
Why the delay?

A defendant has no constitutional
or statutory right to a speedy arrest.

I can cite People v.
Bryant on that one.

A trial term opinion? Please.

Even Mr. Magoo could
see right through this.

Motion to suppress is
granted. Thank you, Your Honor.

And since the evidence
taken from the car

is the sole foundation for
the manslaughter charge...

Got it. The motion to
dismiss is also granted.

Mr. McCoy, the next time your police
officers try to sneak one past this court,

I'm gonna cite
them for contempt.

There's no excuse, lieutenant.
It was a lousy search.

And you tell your detectives that
the Bill of Rights isn't a doormat.

It was my call.

Judge Rodriguez gets
birthday cards from the ACLU.

Any other judge would've
allowed the search.

Oh, really? In your opinion.

You arrest a man
like Jerome Kamen,

you make damn sure that your
ducks are standing beak to tail.

But if it's somebody uptown, we
have your permission to cut corners?

I'll keep that in mind.

A man in Kamen's position,

why would he risk compromising himself
with this girl? It doesn't make sense.

He put her up in a
client's apartment.

ADAM: Yeah. An act of kindness.

Hardly grounds to indict.

I don't think his conscience was clear
when he left her behind a dumpster.

He's hiding something.

Then bring me somebody.

Anybody who'll testify he was
having an affair with this girl.

Apparently she was
still close to her brother.

Okay.

Mr. Kamen used to bounce us on
his knee. He's been like a father to us.

I can't imagine he would
take advantage of Katie.

Well, we found evidence
she was in his car.

Yeah. But the judge threw that out,
right? So that doesn't prove anything.

You're second year law? You
should know better than that.

I know Jerome Kamen.

(SIGHS)

After my dad died, my mother
and he became very close.

I thought it was leading somewhere.
But Jerry was too loyal to my father.

He backed off.

Did you talk to your sister in
the weeks before she died?

Yes. She would call once a
week to make sure I was okay.

She thought I was some sort of role
model because I escaped the family curse.

How do you mean?

We come from a whole line of alcoholics
who think they're social drinkers.

Dad. Mom.

Well, maybe if Katie'd stuck to alcohol,
she might've remained part of the family.

Was there anyone else she
might've confided in, any friends?

Friends? You mean like
people she shared a needle with?

Well, her boyfriend told the police
you might've met some of them.

The last time I saw
her, she drove up to Yale

with an actress, Teena Varga.

She'd been an extra in
some Spike Lee movie.

I just got back in town
a couple days ago.

You sure you're talking
about Katie Blanchard?

It's her. You didn't even
know she overdosed?

I been on a set in the middle of
the Nevada Desert for a week.

It's not like I got The Post
delivered every morning.

Who was with her?

What makes you think anyone was?

She was a total
klutz with needles.

She never got the hang of it. She
always needed somebody to fix her up.

You have any idea
who that might've been?

Well, it wasn't me.

All somebody had to do
was take her to a hospital.

I'm sure she would've been okay.

After she left the rehab, she
was staying on West 81st.

Yeah. A nice place. A
real change of pace for her.

She never had money before.

But all of a sudden she did?

No. I mean she didn't steal it.

She told me she
had a rich uncle.

Would that be Jerome Kamen?

Could be.

She used to call him Jerry.

She used to go by his office
every couple of days for a refill.

Two or three grand each time.

What did you think was
going on between them?

She didn't want
to talk about it.

But it's not what you think.
That she would've told me.

According to her friends, Katie
bought enough heroin in four weeks

to tranquilize a
herd of elephants.

Must have been a popular
girl. Kamen was paying for it?

He gave her something like
$40,000 during the last month.

Her friend doesn't think it was
because they were having an affair.

Didn't he cry poverty
at his arraignment?

He said he was in
hock to his ex-wife.

If she has a good
divorce attorney,

I'm sure Kamen has to account
for every penny he makes.

Unless he has a source of income
he doesn't want anyone to know about.

Talk to his secretary, see if he
keeps a printing press in his basement.

Can we make this quick? If Mr. Kamen
finds out I'm meeting with you...

I didn't twist your
arm, Ms. Oster.

But if I don't talk to you, it
looks like I'm hiding something.

Then you get to do a number on
me like you're doing on Mr. Kamen.

You think we're
being unfair to him?

The man knocks himself out
for people like the Blanchards.

The way they treat him,
"Fetch this, fetch that,

"clean up this mess,
clean up that one."

Katie Blanchard being
one of those messes?

The three years
I've been with him,

there hasn't been a month he hasn't had to
pull her out of one hell hole or another.

Her family just throws
money at the problem.

Or they let Mr. Kamen do it.

Ms. Oster, we know that she picked up
an envelope from his office every few days.

She came in about a month
ago. The little brat threw a fit.

What about?

What else? Her mommy
wasn't paying for her drugs.

I could hear her in Mr. Kamen's
office, both faucets running full tilt,

yelling about her
trust fund. She

practically accused
him of stealing from her.

I guess that little act worked.

Mr. Kamen started
giving her money?

Wouldn't you,

with some crazed junkie jumping
up and down on your desk?

The trust was set up by the late
Mr. Blanchard for his three children.

Discretionary authority
rests with Mr. Kamen.

He's the only one authorized
to make withdrawals?

Yes, for the children's
health, education and welfare.

A month ago, Miss
Blanchard came in

with a withdrawal slip
signed by Mr. Kamen.

So you gave her her money?

No.

Mr. Kamen's signature
had been duplicated.

You mean forged.

I'm sure no crime was intended.

Are you positive
it was duplicated?

You checked the signature card?

I didn't have to.

I explained to Miss Blanchard, Mr. Kamen
has been coming into the bank every week

for the past year to withdraw
funds from the children's trust.

I know his signature.

Miss Blanchard became livid.

Because you caught her lying?

Not entirely.

She ranted that Mr. Kamen had
been taking money from the trust

and none of it was going to her.

Well, I talked to her mother. She had
no idea Kamen was taking money out.

He embezzled almost $350,000
from the trust account in the past year.

Assuming that he didn't use
the money for the Blanchard kids.

We verified he bought
Matthew a car and a trip to Vail.

Other than that, the
money's unaccounted for.

It seems pretty clear cut.

He got reamed in his divorce.
He was desperate for money.

The Blanchard trust fund
was just too much temptation.

And the girl suspected
what he was doing.

She was the only one who ever complained
about his handling of the account.

She read him the riot act and then from one
day to the next, she's rolling in money.

Blackmailing him.

It's a good reason to kill her.

No. Don't jump the
canyon on your motorcycle.

Motive is not an element
in proving a murder charge.

We could start by
charging him with larceny.

That gives us license to tear his life
apart. Maybe something shakes loose.

Just a minute.

Excuse me, I'm in a meeting.

Not anymore.

We have a warrant
for your arrest.

This time, the
signature's still wet.

Jerome Kamen, you're
under arrest for larceny.

You have the right
to remain silent.

Anything you do say can and
will be used against you in...

I don't know, McCoy, you
must be working off some

secret edition of
the penal code.

The one I have says that larceny requires
intent to deprive another of property.

Over 300 grand
disappeared into his pocket.

What was he doing, buying
condos for the Blanchard kids?

Have you even read the
trust document, Mr. McCoy?

It gives me absolute discretion
to use those funds as I see fit.

Except to line your own pocket.

We got your financial records
from your ex-wife's attorney.

Seems to us you've been
living beyond your means.

Every dollar I
withdrew went to Katie.

You have no idea
what I did for that girl.

You let her blow
$300,000 on drugs.

What category does that fall under,
her health, education, or welfare?

You can't prove that that money
didn't go to Kathleen Blanchard.

Ergo, your case is crap.

Now you can rain down as many
search warrants as you want on my client,

but it's not gonna jumpstart
any murder charge.

We've searched his
home, his office. Nothing.

We need a direct
link between Kamen

and the girl's death, or we
can forget the whole thing.

JACK: She was a junkie.
He gave her money.

It's inevitable he knew what
she was going to do with it.

We can argue that he kept her supplied
with drugs and is liable for her overdose.

The appellate division doesn't
see it that way. People v. Pinckney.

There's no criminal liability.

That was also true in New Jersey
until last summer. State v. Maldanado.

They expanded their strict liability
statute to include drug suppliers.

New Jersey. They had a
statute to work from and we don't.

It's already manslaughter if you inject
someone with drugs and they overdose.

It's not a stretch to step it
back to include suppliers.

Pinckney's a 20-year-old
decision. It doesn't scare me.

Scares me.

Did you say that this girl
needed help injecting herself?

According to her friend.

And could that helping hand
have come from Kamen?

If we find out who sold her drugs that
night, it may take us back to Kamen.

We know of one of her drug
connections. Her old boyfriend.

Have him picked up. And get a
search warrant for his apartment.

You guys got
cement in your ears?

I didn't see Katie that night
for pleasure or business.

Even as we speak, the police
are tearing your place apart.

They turn up so much
as a molecule of heroin...

Misdemeanor possession. So he
was a bad boy, so he pays a fine.

Your client already admitted to the
police he sold heroin to Katie Blanchard

a week before she died.

The charge will read,
"Possession with intent to sell."

That's a B felony.
Wait a second.

I told you I gave it
to her. I didn't sell it.

No. No, that's not
the way I heard it.

One way or another,
we'll prove you supplied

her with the heroin
that killed her.

That's getting close
to manslaughter.

It's not manslaughter if my
client indirectly supplied her.

Indirectly?

The night she OD'd,
Katie's brother called me.

He said he needed some
morph for him and Katie.

So I chased down a bag. I gave
it to him outside her apartment.

He's lying. I don't
even use drugs.

Then you wouldn't mind
submitting to a urine test.

I wasn't there. I was at Yale.

I don't even know where
my sister was living.

We can call the dean and
check your attendance records.

So I blew off
Bankruptcy 101. Big deal.

You must have also
missed Evidence 102.

We match your prints on this cup
to any prints at Katie's apartment,

and you're cooked.

What happened, Mr. Blanchard?

What happened?

We got high together.

When she started
convulsing, I panicked.

I didn't know what to do. I
didn't want anyone to find...

I called Jerry.

He came over.

He told me to get
the hell out of there.

He said he'd take care of Katie.

(SIGHS)

Kamen took responsibility to
save her, and he didn't do it.

It was his opportunity
to let her die.

Her brother gave her the drugs.

Now, don't you think
that a jury might conclude

that he's to blame
for her death?

There was an intervening act. He
tried to save his sister by calling Kamen.

ADAM: No.

You try Kamen for murder, it's
his word against the brother's.

There's still evidence
she was in his car.

No. That was ruled inadmissible.

We can argue
inevitable discovery.

No. No. No. No. It won't fly.

Kamen was acting as her
surrogate father. He was responsible.

He could've called 911. He could've
rushed her to an emergency room.

Instead he left her to die in
the cold behind a trash bin.

Can you offer admissible
evidence that he transported her?

(SIGHS)

We present his motive, that
he was being blackmailed,

the jury will figure out for
themselves how she got from A to B.

Fine. Take them through it.

MATTHEW: She
filled up the syringe.

She asked me to inject her. A few minutes
after, she started having a seizure.

I didn't know what to do.

I called Mr. Kamen.

And what happened
as a result of your call?

He came right over.

But by then, her eyes were
rolling back in her head.

I tried to revive her, but
Mr. Kamen told me I should leave.

He said I would get kicked out of
Yale if anyone found out I was there.

I never should've left.

Did you have any communication
with Mr. Kamen after that?

Yes. He called me the next
day. He told me Katie was dead.

He made it sound
like it was my fault.

He said he'd keep his
mouth shut to protect me.

And what was your sister's condition
when you left her with Mr. Kamen?

She was alive.

(CLEARS THROAT)

Mr. Blanchard, why
would you call my client?

Does he have some special
expertise with overdoses?

Ever since we were little,
whenever we got into trouble,

we knew we could count on him.

For example, when you
were expelled from Choate?

Yes.

He let me stay with him
until he could talk to my father.

And why were you
kicked out of Choate?

Objection.

Goes to credibility, Your Honor.

Overruled. The
witness will answer.

They found marijuana in my room.

So you're a drug addict?

I'm not an addict.

I only smoked heroin once or
twice a month, on the weekends.

POLLARD: But if anybody found out your
little secret, you would be in big trouble.

Isn't that right?

Yes.

And if anybody found
out that you had injected

your sister with a
lethal dose of heroin,

you would be in very big
trouble, isn't that correct?

I already admitted what I did.

And if anybody has a reason
to move your sister's body

to hide the circumstances
of her death, it's you. Isn't it...

I didn't move her. Mr. Kamen
said... Nothing further.

He would help her.

Jerome Kamen held full discretionary
authority over the joint trust account.

But I gave him specific instructions
not to give any money to my daughter.

Every dime she got her hands
on went to drugs. He knew that.

Of the $346,000
withdrawn by Mr. Kamen,

were you able to ascertain how
much of it went to the children?

To the best of my knowledge, only
$33,000 were spent on my children.

I haven't been able
to account for the rest.

Thank you.

Didn't you forbid Katie
to live in the family home

or any of the other
houses that you own?

You make it sound so easy.

The psychiatrist said that it was
best for her and for my other children.

POLLARD: She was a
destructive influence on them?

She only really hurt herself.

Didn't you also forbid her to contact
any other member of the family

except through my client?

I had to protect them.

Katie could be
very manipulative...

So it fell on my client

to shoulder the
sole responsibility

for your self-destructive,
drug-addicted daughter,

is that right? MRS.
BLANCHARD: I was at my wit's end.

Cutting her off was the best
thing I could do as her mother.

No matter how much I wanted
to, I couldn't work a miracle.

But what's his excuse? He stole
from her, he bought her drugs.

Or he bought her food
and gave her shelter.

Or would you prefer that he
be as cold and heartless as you

and let your daughter die a
miserable death on the streets?

Objection!

She doesn't have to answer that.

The money was there, I had
discretionary authority. I gave it to her.

Simple as that.
Nothing criminal about it.

But I can understand why Mrs.
Blanchard blames me for Katie's death.

Can you explain it to us?

She disowned her daughter.
Katie is dead as a consequence.

But it's easier to blame
me. To cut me off, in a way.

That's how Meryl deals with
everything she finds unpleasant.

POLLARD: The night that Katie died,
did you receive a call from her brother?

I was home most of the night.
I went out to get a bite to eat.

When I came home, my
answering machine was flashing.

But no one left a message.

And did you see Miss
Blanchard that night?

No.

And if I had, I certainly
hope I could've saved her.

Thank you.

Why did you lie when the police first
interviewed you about Miss Blanchard?

As I explained, I was concerned
about my professional reputation.

And not because you were present
when Miss Blanchard overdosed?

I wasn't there.

And not because you
transported her in your car?

Maybe I didn't say it
loud enough the first time.

I didn't see her that night.

Then how do you explain the
fact that her vomit was in your car?

Objection. Your Honor.

I'll see counsel in chambers.

This is grounds for a mistrial.
Not to mention sanctions.

Your Honor suppressed
this evidence.

Settle down, Mr. Pollard.

Mr. McCoy, I'll bet you were the
kind of child who touched the plate

even when your mom
told you it was hot.

Mr. Kamen is on the stand lying
about moving Miss Blanchard's body.

I have every right to
challenge his credibility.

Oh, sure. Why let a little thing like the
Fourth Amendment stand in the way,

especially when you can sneak the
evidence in through the back door?

The Constitution says I can't
convict your client with the evidence.

Where does it say that I
can't use it to prove him a liar?

A jury isn't gonna make that
fine a distinction, and you know it.

I'll make sure they do, Mr. Pollard.
I'll charge the jury accordingly.

The evidence is admissible
to challenge credibility

but will not be
used for liability.

The question will stand,
and the witness will answer.

We'll resume after lunch.

Jack, your office, 10 minutes?

You may get the evidence in now, but
you know it never survives an appeal.

I'll worry about that after the
jury convicts your client of murder.

This is nuts. Katie was
a junkie. Junkies die.

Anyone who knew her
could've predicted that.

Nothing is inevitable,
Mr. Kamen, except your residency

at one of our correctional
facilities. You're a liar.

And now the jury
knows you're a liar.

I've made my case.

Man two, minimum sentence to
cover all counts of the indictment.

Man one, 8 1/3-to-25.

What kind of a deal is that? Do
you expect him to serve the max?

Yes. And after that he
does two years for larceny.

You have a minute
to make up your mind.

I can't believe this.

I was driving her to
the damn hospital.

And what hospital
was that, Mr. Kamen?

I can't recall.

But I didn't do anything wrong.
Meryl didn't care about her.

If it weren't for me, she
would've been dead months ago.

Even if she survived this overdose, it was
just a matter of time till the next one.

She was in pain,
she was killing herself.

She wanted this. Somebody
had to make a decision.

It wasn't your decision to make.

It was my decision.

Ken Blanchard was
my friend for 35 years.

I was the only one he would
entrust with his children.

That family can't
survive without me.

I pay their bills, I
invest their money,

I clean up the messes they
make. I damn well run their lives.

And Meryl dares accuse
me of stealing from them?

No, sir. I was entitled.

I'm not gonna waste a minute
regretting anything I've done.

You'll be regretting it
for the next 25 years

if you don't give me
your answer right now.

We'll take the deal.
Send me the paperwork.

He's convinced himself he
did her a favor by letting her die.

He did himself a favor.

10 years in prison?

(SIGHS)

It may cure him
of his bad habit.

Arrogance.

(EXHALING)