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<v Speaker 4>Plus, you are now listening to True Murder, the most

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<v Speaker 4>shocking killers in true crime history and the authors that

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<v Speaker 4>have written about them Gaesy.

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<v Speaker 2>Bundy, Dahmer, The Nightstalker DTK. Every week, another fascinating author

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<v Speaker 2>talking about the most shocking and infamous killers in true

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<v Speaker 2>crime history. True Murder with your host journalist and author

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<v Speaker 2>Dan Zupanski, Good Evening. In twenty ten, a brave whistleblower

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<v Speaker 2>alerted the police to doctor Stan Lee's corrupt pain management

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<v Speaker 2>clinic in Queens, New York. Lee spent years supplying more

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<v Speaker 2>than seventy patients a day with oxy codone and trading

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<v Speaker 2>prescriptions for cash. Emergency room doctors, psychiatrist and desperate family

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<v Speaker 2>members warned him that his patients were at risk of death,

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<v Speaker 2>but he would not stop. In Bad Medicine, former prosecutor

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<v Speaker 2>Charlotte Bismuth meticulously recounts the jaw dropping details of this

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<v Speaker 2>criminal case that would span four years, culminating in a

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<v Speaker 2>landmark trial. As a new assistant district attorney and single mother,

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<v Speaker 2>Bismuth worked tirelessly with her team to bring doctor Lee

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<v Speaker 2>to justice. Bad Medicine is a chilling story of corruption

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<v Speaker 2>and greed and an important look at the role individual

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<v Speaker 2>doctors play in America's opioid epidemic. The book that we're

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<v Speaker 2>featuring this evening is Bad Medicine, Catching New York's Deadliest

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<v Speaker 2>Pill Pusher, with my special guest, author and former prosecutor

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<v Speaker 2>Charlotte Bismuth. Welcome to the prog and thank you so

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<v Speaker 2>much for this interview. Charlotte Bismuth.

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<v Speaker 1>Thank you so much for having me Dan. I'm really filled.

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<v Speaker 1>I wish I'd known your podcast when I was younger

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<v Speaker 1>and didn't know any other true crime fans. Thank you.

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<v Speaker 5>There we go great, Thank you, Thank you so much

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<v Speaker 5>for this. This isn't an extraordinary and remarkable story. And

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<v Speaker 5>let's get right to this. Tell us where you were

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<v Speaker 5>professionally in your career in November twenty ten before we

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<v Speaker 5>talk about the faithful event which occurred at work December first,

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<v Speaker 5>December twenty ten, I.

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<v Speaker 1>Was an attorney. I had been admitted to the bar

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<v Speaker 1>for just over six years, I believe at the time.

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<v Speaker 1>I'd started my career at the law firm of Deba,

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<v Speaker 1>Boys and Plimpton, and then moved after about four and

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<v Speaker 1>a half years to the DA's office, where I began

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<v Speaker 1>in the Appeals Unit. As an appellate attorney, I defended

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<v Speaker 1>convictions before the Appellate Division First Department, which involved a

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<v Speaker 1>lot of brief writing, but luckily also many arguments in

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<v Speaker 1>front of a panel of judges. So in June of

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<v Speaker 1>twenty ten, I had just requested and received a transfer

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<v Speaker 1>or secundment technically to the Office of the Special Narcotics Prosecutor,

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<v Speaker 1>which is a unique entity that takes adas from all

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<v Speaker 1>five boroughs of New York City and has jurisdiction over

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<v Speaker 1>all felony narcotics crimes within the five boroughs. So it

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<v Speaker 1>allows for a much more rapid and coordinated prosecution of

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<v Speaker 1>high level narcotics cases, some of which involve international cartels.

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<v Speaker 5>Right now, you said that you were you suffered from

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<v Speaker 5>a state of privileged innocence, but you had just taken

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<v Speaker 5>on your first pill case involving a supermodel and forged

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<v Speaker 5>prescription and vicodin. Just tell us where you were in

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<v Speaker 5>terms of what you believed as your state of privileged

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<v Speaker 5>innocence at this time.

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<v Speaker 1>Well, I think that supermodel case is a great example.

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<v Speaker 1>She was a woman who had fallen into a vicodin addiction,

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<v Speaker 1>who had stolen prescriptions from two physicians forged them and

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<v Speaker 1>then submitted them to pharmacies across the city. Now, you know,

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<v Speaker 1>we prosecuted her to the full extent for the theft

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<v Speaker 1>and forgery of those prescriptions, and she was admitted into

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<v Speaker 1>a diversion program. But what I recall is that I

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<v Speaker 1>attributed to her much more agency and bad intent then

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<v Speaker 1>I think would have been medically appropriate to do so.

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<v Speaker 1>And you know, we supported her application for a diversion program.

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<v Speaker 1>But it was, you know, very tempting, I think, to

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<v Speaker 1>think to when an individual who's in diversion relapses, to

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<v Speaker 1>think that some time in prison will correct that the

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<v Speaker 1>situation or send some sort of a message. And I

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<v Speaker 1>wish that I had known then what I know now.

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<v Speaker 1>Not to say that I would do anything perfectly now,

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<v Speaker 1>but I think understanding is an education is really important.

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<v Speaker 5>Absolutely. Let's talk about this faithful event that happens December first,

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<v Speaker 5>twenty ten. You're working late, you go to the ladies

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<v Speaker 5>room and you pass by your burial chief's office. He's

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<v Speaker 5>also they're also part of me working late. What happens?

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<v Speaker 5>What does she say to you?

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<v Speaker 1>Well, it was I remember that it was very quiet

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<v Speaker 1>in the office. Our offices were extremely busy during the day,

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<v Speaker 1>especially because we had undercovers coming through and people were constantly,

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<v Speaker 1>you know, yelling, clear the halls, you see, clear the halls.

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<v Speaker 1>So I was walking down the hall. My boss's office

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<v Speaker 1>light was on. She called me into her office and

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<v Speaker 1>she had one of those tiny little post it notes,

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<v Speaker 1>you know, the absolute smallest format that you can get,

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<v Speaker 1>and she said, we got a call from the NYPD.

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<v Speaker 1>Can you look into it? And I looked at the

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<v Speaker 1>post it. It had a detective's name on it, his

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<v Speaker 1>phone number, but it also had the name of a doctor,

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<v Speaker 1>doctor Lee, and part of an address forty seventh Road

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<v Speaker 1>in Queen's And I would add that part of my

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<v Speaker 1>state of privileged innocence. And I think, you know, the

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<v Speaker 1>one that was to be shattered most completely was I

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<v Speaker 1>did not think of doctors as criminals or as having

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<v Speaker 1>the potential to be criminals with respect to their patients. Obviously,

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<v Speaker 1>we've you know, we've heard one off horror stories about

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<v Speaker 1>sexual abuse or things like that. But it sure to

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<v Speaker 1>me a complaint that involved, as this one did, a

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<v Speaker 1>doctor and his prescriptions didn't make sense, because that is

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<v Speaker 1>what doctors do. They write prescriptions, they authorize treatments. They're

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<v Speaker 1>licensed by the state to do so, and they have

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<v Speaker 1>our trust to do so. So apparently the complainant told

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<v Speaker 1>the NYPD there's a doctor and queen selling prescriptions to

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<v Speaker 1>kids who don't need them. So, you know, the first step, obviously,

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<v Speaker 1>there's so many threshold questions. Is the doctor licensed, is

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<v Speaker 1>the doctor you know, practicing within the area for which

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<v Speaker 1>he's licensed, is the complainant credible? What age kids are

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<v Speaker 1>we talking about, and what kind of prescriptions? And are

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<v Speaker 1>we the right office to be answering these questions and

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<v Speaker 1>looking into this case? And so that's really where we

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<v Speaker 1>began to make sure and that you know, this is

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<v Speaker 1>really the philosophy of the Manhattan Die's Office and Special

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<v Speaker 1>Narcotics to make sure that we didn't just jump in

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<v Speaker 1>with the mindset of criminal prosecution, but to ensure that we,

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<v Speaker 1>you know, it was the right thing to do so,

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<v Speaker 1>and that we had proper jurisdiction to do so.

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<v Speaker 5>Now there's a complainant, and that's how we led to

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<v Speaker 5>this tip. And so this tipster is you've asked for

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<v Speaker 5>availability to be able to speak to this person, but

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<v Speaker 5>in the interim you do a little research. Again, you

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<v Speaker 5>were a little bit naive. So you did some research

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<v Speaker 5>about some things, and what did you find about doctor Lee,

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<v Speaker 5>but also just in general some of the things you found.

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<v Speaker 1>Well, I would I would respectfully push back on being naive,

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<v Speaker 1>only in the sense that I, you know, there's more

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<v Speaker 1>of an imposter syndrome effect going on there, which is

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<v Speaker 1>that even though I was in my mid thirties, with

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<v Speaker 1>you know, degrees from great universities and a good background

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<v Speaker 1>at a great law firm, I never took for granted

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<v Speaker 1>the lay of the land, meaning that you know, I

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<v Speaker 1>wanted to be an appellet lawyer to make sure that

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<v Speaker 1>I understood New York state law as opposed to the

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<v Speaker 1>federal law which I had been practicing. And in this case,

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<v Speaker 1>I wanted to make sure that I understood before I

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<v Speaker 1>drew any conclusions about the legitimacy of the doctor's practice,

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<v Speaker 1>what were the rules that applied to physicians. What were

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<v Speaker 1>these medications that we were talking about where, you know,

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<v Speaker 1>how they were classified or scheduled, and what were the

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<v Speaker 1>risks and benefits of these medications? And the other element

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<v Speaker 1>of it was that, you know, I think I would

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<v Speaker 1>have done that research in any event, because that's just

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<v Speaker 1>how I operate, but we didn't have access to the tipster.

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<v Speaker 1>When I asked the NYPD to put me in touch

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<v Speaker 1>with him, they wouldn't because and this is sort of

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<v Speaker 1>a very interesting question that you ask, because it reveals

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<v Speaker 1>how much you know, we have evolved at the time,

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<v Speaker 1>a complainant in a narcotics case for the NYPD was

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<v Speaker 1>automatically put through this sort of credibility test where they

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<v Speaker 1>had to go out and make controlled buys for narcotics.

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<v Speaker 1>But this tipster was not complaining about, you know, a

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<v Speaker 1>craft dealer or a cartel operation. He was complaining about

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<v Speaker 1>a doctor. He was also recovering from substance use disorder.

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<v Speaker 1>The last thing that he wanted to do was to

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<v Speaker 1>be put back out on the street and have his

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<v Speaker 1>credibility tested by buying drugs. So we had a long

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<v Speaker 1>tussle with the NYPD. They were, you know, acting in

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<v Speaker 1>good faith, but we believe that they were wrong to

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<v Speaker 1>maintain this requirement, and ultimately we had to go around

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<v Speaker 1>them and find the complainant directly, which meant that we

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<v Speaker 1>ended up running the investigation. This was not a case

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<v Speaker 1>where as usual, the NYPD runs the investigation and then

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<v Speaker 1>turns it over to the DA's office. We owned it

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<v Speaker 1>from really from day one.

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<v Speaker 5>What did you find out about doctor Lee in terms

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<v Speaker 5>of his ability, his lawful right to write prescriptions, but

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<v Speaker 5>also in opioid addiction itself, Yes.

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<v Speaker 1>Excellent point. We identified him as having a pain management

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<v Speaker 1>practice in Queen's but also as the part of a

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<v Speaker 1>very well respected anesthesiology practice at a teaching hospital in

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<v Speaker 1>New Jersey, and he had been there for a number

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<v Speaker 1>of years. He was very well credentialed, and he ran

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<v Speaker 1>this uh pain management practice in Queens, so in a

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<v Speaker 1>different state. He was licensed in both states. He was

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<v Speaker 1>the d A registrant, which meant that he was authorized

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<v Speaker 1>to prescribe controlled substances, and interestingly, on his website he

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<v Speaker 1>was also an authorized upernorphine prescriber, of which there were

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<v Speaker 1>not that many at the time. And interestingly, in order

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<v Speaker 1>to become a upernorphine prescriber, you have to go through

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<v Speaker 1>an extra level of training which is called and obtain

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<v Speaker 1>another registration which is called an X registration like the

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<v Speaker 1>letter X, and he had done run. But what I

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<v Speaker 1>thought was peculiar at the time was the notion that

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<v Speaker 1>a physician could both prescribe medications that were susceptible to

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<v Speaker 1>cause addiction and also offer treatment for addiction. And I thought,

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<v Speaker 1>you know, I found that to be so incredibly cynical.

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<v Speaker 1>And of course that's where again I had so much

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<v Speaker 1>to learn, because first of all, you know, there's a

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<v Speaker 1>huge gap right now where physicians who prescribe these medications

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<v Speaker 1>don't know how to taper their patients off and don't

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<v Speaker 1>know how to address the problem of a patient with

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<v Speaker 1>legitimate pain becoming dependent or addicted. And so those doctors,

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<v Speaker 1>you know, it's a good thing for doctors to have

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<v Speaker 1>that training to recognize the signs and to be able

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<v Speaker 1>to help their patients find an exit strategy. And at

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<v Speaker 1>the same time, what we're seeing now with the Sackler

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<v Speaker 1>family and Produe Pharma is the extreme cynicism of both

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<v Speaker 1>having launched the opioid epidemic with the sale and false

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<v Speaker 1>marketing of oxy content and trying to benefit from the

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<v Speaker 1>pool of the massive pool of people suffering from open

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<v Speaker 1>use disorder by marketing treatments for that disorder, the so

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<v Speaker 1>called Project Tango from a few years ago. So that's

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<v Speaker 1>what I feared with doctor Lee, and little did I

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<v Speaker 1>know that it was, you know, the plan of a

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<v Speaker 1>large corporate pharmaceutical company.

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<v Speaker 5>Right. You talk about your earliest partner, Joe Hall, and

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<v Speaker 5>he's an investigator and a veteran New York Police Department

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<v Speaker 5>homicide detective, and so you had the ambitious job of

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<v Speaker 5>trying to locate witnesses. You opened the book with one

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<v Speaker 5>of the people that you've found out about, Ali Walton.

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<v Speaker 5>But tell us a little bit about Joe Hall and

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<v Speaker 5>your work and what about the complainant. Do you finally

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<v Speaker 5>get to meet this person, to get to speak to them.

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<v Speaker 1>Yes, about Joe Hall, I will say that it was

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<v Speaker 1>one of the best things that ever happened to me

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<v Speaker 1>in my life, and one of my greatest honors to

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<v Speaker 1>not just meet him, but be able to work with him.

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<v Speaker 1>I had no idea that I was partnered with a legend.

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<v Speaker 1>As it turned out, Joe Hall had participated in a

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<v Speaker 1>number of very sensitive investigations, including investigations involving corrupt police officers.

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<v Speaker 1>So you know, I knew that he had a great reputation.

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<v Speaker 1>But Joe Hall is also someone who's very humble, who's

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<v Speaker 1>extremely hard working, and who you know, will get along

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<v Speaker 1>well with anyone who behaves with respect and works. You know,

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<v Speaker 1>nobody can work as hard as he does, but who

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<v Speaker 1>works hard? So Joe was assigned to the case. When

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<v Speaker 1>we ran into this roadblock with the NYPD and the complainant,

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<v Speaker 1>I don't know how he did it, but next thing

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<v Speaker 1>I know, he asked me if I was ready to

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<v Speaker 1>meet this young man whose name in the book is

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<v Speaker 1>Eddie Velaura, just to protect his privacy, and he brought

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<v Speaker 1>him in and we were able to have a series

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<v Speaker 1>of conversation with him. And that's really where you know,

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<v Speaker 1>that's that's a very good test of an early law

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<v Speaker 1>enforcement slash investigative partnership. Is an interview, but especially a

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<v Speaker 1>joint interview, because you know, the hierarchy was very strange

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<v Speaker 1>in a way. I was the prosecutor, but at the

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<v Speaker 1>same time I was a, you know, much more junior

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<v Speaker 1>player in law enforcement than Joe Hall. He was a

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<v Speaker 1>very experienced investigator, but he also respected my, you know,

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<v Speaker 1>my decision to sort of structure the interview, and he

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<v Speaker 1>knew that he had to sort of let me frame

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<v Speaker 1>the interview with the usual cautions and disclaimers. So we

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<v Speaker 1>very quickly developed this system. Where as we were talking,

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<v Speaker 1>we were both very sensitive to the fact that We

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<v Speaker 1>didn't want this young man to feel cornered by two interviewers,

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<v Speaker 1>and we sort of developed these signals where, you know,

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<v Speaker 1>if Joe wanted to ask a question or I wanted

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<v Speaker 1>to jump back in, we would allow each other to

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<v Speaker 1>do that. And as a result, we had a series

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<v Speaker 1>of very productive conversations with this young man that left

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<v Speaker 1>us with such a good understanding of the type of

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00:18:37.160 --> 00:18:40.480
<v Speaker 1>practice that he was complaining about. That this was a

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00:18:40.519 --> 00:18:44.400
<v Speaker 1>practice where, you know, prices for pills were put up

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<v Speaker 1>on the wall in paper, where patients waited outside for

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00:18:48.759 --> 00:18:51.759
<v Speaker 1>hours starting early in the morning, and were called with

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00:18:51.920 --> 00:18:56.400
<v Speaker 1>numbered tickets rather than appointments, where people traded pills and

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<v Speaker 1>prescriptions for cash coming out of the office, and most

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<v Speaker 1>shockingly to this young man and also to us, where

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<v Speaker 1>the doctor did not care about the underlying medical conditions

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<v Speaker 1>of his patients. Our tips are in fact, had an

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00:19:10.319 --> 00:19:13.640
<v Speaker 1>immune disorder, and one of the things that offunded him

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<v Speaker 1>the most was that doctor Lee really didn't care about

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00:19:18.079 --> 00:19:21.599
<v Speaker 1>the diagnosis or about the specific kind of pain that

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<v Speaker 1>he was experiencing.

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<v Speaker 5>Now, in your investigation, in Joe Hall's investigation, you uncover

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00:19:31.279 --> 00:19:36.599
<v Speaker 5>other people that were involved with doctor Lee's business, in

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00:19:36.680 --> 00:19:40.799
<v Speaker 5>his practice. But there is a certain period of time

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00:19:40.799 --> 00:19:43.720
<v Speaker 5>in this investigation before you are able to get a

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00:19:43.759 --> 00:19:48.440
<v Speaker 5>search warrant and tell us about this approximately a year

296
00:19:48.599 --> 00:19:53.440
<v Speaker 5>of this investigation. How you find people to tell you

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00:19:53.480 --> 00:19:56.400
<v Speaker 5>the stories about this doctor Lee's behavior.

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<v Speaker 1>Well, I will tell you that year was one of

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00:20:01.319 --> 00:20:09.319
<v Speaker 1>the most difficult that I can recall, because we understood,

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00:20:09.559 --> 00:20:13.079
<v Speaker 1>after really just a few weeks or you know, barely

301
00:20:13.119 --> 00:20:16.559
<v Speaker 1>a few months, that we were dealing with a threat

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00:20:16.599 --> 00:20:20.480
<v Speaker 1>to public health and that there were, you know, men

303
00:20:20.519 --> 00:20:23.519
<v Speaker 1>and women who were receiving prescriptions from this doctor that

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00:20:23.559 --> 00:20:26.880
<v Speaker 1>could lead to death. We were progressively beginning to hear

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00:20:27.000 --> 00:20:31.119
<v Speaker 1>about overdoses, both fatal and non fatal, and I woke up,

306
00:20:31.359 --> 00:20:34.079
<v Speaker 1>as I know Joe did, every morning, with the fear

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00:20:34.440 --> 00:20:37.759
<v Speaker 1>of hearing about another death. And you know, and that

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00:20:37.960 --> 00:20:42.440
<v Speaker 1>tells you a lot, because we went very quickly from

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00:20:42.839 --> 00:20:47.000
<v Speaker 1>being concerned of hearing about a death to being concerned

310
00:20:47.000 --> 00:20:50.480
<v Speaker 1>of hearing of another one, or another one, or another one.

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<v Speaker 1>And it got to the point where, by the time

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00:20:53.319 --> 00:20:56.839
<v Speaker 1>doctor Lee was arrested in November twenty eleven, we knew

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00:20:56.880 --> 00:21:03.279
<v Speaker 1>of sixteen fatal overdoses within his patient population. Now, not

314
00:21:03.319 --> 00:21:06.480
<v Speaker 1>all of those had happened, you know, while they were

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00:21:06.559 --> 00:21:11.319
<v Speaker 1>immediately under his care. A couple had happened after the

316
00:21:11.359 --> 00:21:13.759
<v Speaker 1>patients left his care, but they were all within a

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00:21:13.880 --> 00:21:16.920
<v Speaker 1>year of having left the clinic, and some of them,

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00:21:17.200 --> 00:21:21.599
<v Speaker 1>like Nicholas Rappold and Joseph Haig, had occurred within just

319
00:21:21.680 --> 00:21:25.519
<v Speaker 1>a few days of their last visit. So this was

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00:21:26.920 --> 00:21:31.920
<v Speaker 1>beyond chilling. It was nerve wracking. It was absolutely terrifying.

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<v Speaker 1>We felt such a weight, we were so concerned about

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00:21:34.960 --> 00:21:38.359
<v Speaker 1>what might happen under our watch. And then in June

323
00:21:38.359 --> 00:21:46.079
<v Speaker 1>twenty eleven, you know, and the nightmare became real. We

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00:21:46.200 --> 00:21:49.480
<v Speaker 1>learned that there had been a shooting in a pharmacy

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00:21:49.519 --> 00:21:53.359
<v Speaker 1>in Medford, Long Island. Four people had been shot in

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00:21:53.440 --> 00:21:58.240
<v Speaker 1>cold blood, the pharmacist, his young assistant, and two customers.

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<v Speaker 1>The next morning, when I came into the office, my

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00:22:03.279 --> 00:22:07.079
<v Speaker 1>boss Bridget walked in, as well as did our criminal analyst,

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00:22:07.079 --> 00:22:12.119
<v Speaker 1>Stephanie Mioto, and the three of us, you know, just

330
00:22:12.240 --> 00:22:15.720
<v Speaker 1>knew that we wanted to look through our database of

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00:22:15.799 --> 00:22:19.920
<v Speaker 1>patient records, prescription records, and check whether any of doctor

332
00:22:20.039 --> 00:22:23.240
<v Speaker 1>Lee's patients had ever filled a prescription at that pharmacy.

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<v Speaker 1>Nobody said it out loud, but we all were concerned

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00:22:27.920 --> 00:22:31.599
<v Speaker 1>that maybe, you know, one of them had been driven

335
00:22:31.720 --> 00:22:36.440
<v Speaker 1>to crime, and in fact, we identified one name, actually

336
00:22:36.440 --> 00:22:39.440
<v Speaker 1>two names, one current patient one former patient. They were

337
00:22:39.440 --> 00:22:44.240
<v Speaker 1>married to each other, and we ended upwarding that information

338
00:22:44.319 --> 00:22:47.279
<v Speaker 1>to the Suffolk County Police and the next thing we know,

339
00:22:47.839 --> 00:22:51.720
<v Speaker 1>David Laffer was arrested and pled guilty, and that was

340
00:22:52.279 --> 00:22:56.960
<v Speaker 1>absolutely devastating because you know, he went into that pharmacy

341
00:22:57.480 --> 00:23:02.240
<v Speaker 1>to steal hydrocodone pills, which was the medication that doctor

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00:23:02.319 --> 00:23:04.839
<v Speaker 1>Lee had been prescribing to him, and he stole eleven

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00:23:04.920 --> 00:23:10.680
<v Speaker 1>thousand of them and he took four lives. So once

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00:23:10.720 --> 00:23:13.359
<v Speaker 1>that happened, we had to take a very very hard

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00:23:13.359 --> 00:23:17.720
<v Speaker 1>look at what we knew because you know, obviously there's

346
00:23:17.839 --> 00:23:23.160
<v Speaker 1>a high bar to arrest someone to get a search

347
00:23:23.200 --> 00:23:26.000
<v Speaker 1>warrant to shut down a medical clinic. Again, you're talking

348
00:23:26.000 --> 00:23:29.599
<v Speaker 1>about a doctor who writes prescriptions, which he's allowed to do.

349
00:23:30.599 --> 00:23:37.000
<v Speaker 1>So Joe and I and Stephanie that was the extent

350
00:23:37.039 --> 00:23:39.200
<v Speaker 1>of the team more or less at the time, really

351
00:23:39.200 --> 00:23:42.559
<v Speaker 1>went into overdrive. We added a couple more investigators to

352
00:23:42.599 --> 00:23:46.720
<v Speaker 1>the team, and we finally were able to hone in

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00:23:46.920 --> 00:23:50.200
<v Speaker 1>on one patient whose name was Michael Cornetta, who had

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<v Speaker 1>died of an overdose the year before, I believe in

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<v Speaker 1>November twenty ten, and at the age of thirty seven,

356
00:24:00.400 --> 00:24:06.119
<v Speaker 1>and he was His method was to suck on fentanyl patches,

357
00:24:06.200 --> 00:24:10.119
<v Speaker 1>so he would get fentanyl patches prescribed by doctor Lee,

358
00:24:10.160 --> 00:24:12.160
<v Speaker 1>and then he would cut them open and he would

359
00:24:12.400 --> 00:24:16.559
<v Speaker 1>aspire the gel. It led to a number of non

360
00:24:16.599 --> 00:24:20.480
<v Speaker 1>fatal overdoses, and unfortunately, it led finally to a fatal overdose.

361
00:24:21.680 --> 00:24:25.680
<v Speaker 1>And the way that we were able to make a

362
00:24:25.799 --> 00:24:29.799
<v Speaker 1>case without having access to doctor Lee's own patient records

363
00:24:29.920 --> 00:24:33.960
<v Speaker 1>is that we received We sought out medical records from

364
00:24:34.039 --> 00:24:36.720
<v Speaker 1>every hospital in the city that we believe Michael Cornetta

365
00:24:36.759 --> 00:24:39.519
<v Speaker 1>might have gone to, and we finally, in one of

366
00:24:39.519 --> 00:24:43.440
<v Speaker 1>those records saw a note from a psychiatrist who had

367
00:24:43.480 --> 00:24:48.200
<v Speaker 1>not only treated him after an overdose, but who called

368
00:24:48.319 --> 00:24:50.759
<v Speaker 1>doctor Lee. Made a note in her file of that

369
00:24:50.920 --> 00:24:53.799
<v Speaker 1>call and told doctor Lee that she was calling from

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00:24:53.839 --> 00:24:57.200
<v Speaker 1>the emergency room about a patient who had overdosed on fentanyl.

371
00:24:57.839 --> 00:25:00.680
<v Speaker 1>And that was a clincher because it showed us that

372
00:25:00.759 --> 00:25:03.359
<v Speaker 1>doctor Lee was put on notice of the risk to

373
00:25:03.440 --> 00:25:08.119
<v Speaker 1>his patient, and yet what happened he prescribed sentinel to

374
00:25:08.240 --> 00:25:11.920
<v Speaker 1>him again, and that is how we were able to

375
00:25:12.359 --> 00:25:16.039
<v Speaker 1>present evidence to the grand jury, and the grand jury

376
00:25:16.440 --> 00:25:20.359
<v Speaker 1>voted a felony charge, while several felony charges against doctor Lee,

377
00:25:20.480 --> 00:25:24.519
<v Speaker 1>including reckless endangerment in the third degree I'm sorry in

378
00:25:24.559 --> 00:25:29.160
<v Speaker 1>the second degree. And so we were able to obtain

379
00:25:29.200 --> 00:25:32.119
<v Speaker 1>a search warrant and arrest doctor Lee, and most importantly,

380
00:25:32.119 --> 00:25:35.759
<v Speaker 1>we were able to shut down his clinic. So that

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00:25:35.920 --> 00:25:37.880
<v Speaker 1>was in November twenty eleven.

382
00:25:39.279 --> 00:25:42.680
<v Speaker 5>When you went and executed that search warrant. What did

383
00:25:42.680 --> 00:25:45.799
<v Speaker 5>you find interesting in terms of the record keeping by

384
00:25:46.160 --> 00:25:48.960
<v Speaker 5>doctor Lee.

385
00:25:49.079 --> 00:25:53.000
<v Speaker 1>So I was waiting at home, unable to sleep, waiting

386
00:25:53.079 --> 00:25:56.000
<v Speaker 1>for Joe to call me and tell me that they

387
00:25:56.039 --> 00:25:58.920
<v Speaker 1>were in, that they were safe, that everybody was safe.

388
00:26:00.880 --> 00:26:05.440
<v Speaker 1>And uh, you know, the first thing that surprised us

389
00:26:05.799 --> 00:26:09.519
<v Speaker 1>was the tipster had told us about this sheet pasted

390
00:26:09.680 --> 00:26:14.400
<v Speaker 1>up somewhere in the office listing doctor Lee's prices. We

391
00:26:15.519 --> 00:26:18.039
<v Speaker 1>you know, while we found him to be credible, we

392
00:26:18.160 --> 00:26:22.319
<v Speaker 1>thought that that would be rather extraordinary and surprising, and

393
00:26:22.440 --> 00:26:25.519
<v Speaker 1>yet it was there. It was written in sort of

394
00:26:25.559 --> 00:26:30.839
<v Speaker 1>this you know, earth that's medical jargon, but essentially what

395
00:26:30.920 --> 00:26:33.960
<v Speaker 1>it said was the more pills you want, the more

396
00:26:34.000 --> 00:26:38.640
<v Speaker 1>you pay. We only accept cash. The more prescriptions you want,

397
00:26:38.759 --> 00:26:42.440
<v Speaker 1>the more you pay. If you're seeing other doctors, you

398
00:26:42.519 --> 00:26:46.920
<v Speaker 1>pay more. If you have suicidal ideation, you pay more.

399
00:26:48.200 --> 00:26:52.920
<v Speaker 1>And I, you know, it's hard to express what Joe

400
00:26:52.960 --> 00:26:57.599
<v Speaker 1>and I felt when we saw that, because you know, obviously,

401
00:26:57.640 --> 00:27:01.920
<v Speaker 1>from an investigative standpoint, you really can't wish for anything

402
00:27:01.960 --> 00:27:06.519
<v Speaker 1>more than having your suspects, you know, spell out the

403
00:27:06.640 --> 00:27:11.920
<v Speaker 1>nature of their exploitation and crime in writing on paper.

404
00:27:12.759 --> 00:27:13.240
<v Speaker 2>And at the.

405
00:27:13.200 --> 00:27:19.119
<v Speaker 1>Same time, it just indicated such a dehumanization of his patients,

406
00:27:19.160 --> 00:27:23.000
<v Speaker 1>and such a level of indifference and such such a

407
00:27:23.279 --> 00:27:30.680
<v Speaker 1>powerful greed that it became obviously a crucial piece of evidence,

408
00:27:30.720 --> 00:27:33.599
<v Speaker 1>but really something that we have we have never seen again,

409
00:27:33.799 --> 00:27:36.400
<v Speaker 1>that they did not see again in any other cases.

410
00:27:37.640 --> 00:27:42.640
<v Speaker 5>Now you spend the next amount of time gathering up

411
00:27:42.680 --> 00:27:46.640
<v Speaker 5>the necessary information and evidence to be able to prosecute

412
00:27:46.640 --> 00:27:50.960
<v Speaker 5>this case, and you have a very, very experienced trial

413
00:27:51.039 --> 00:27:55.240
<v Speaker 5>partner that's while it was your partner. Maybe tell us

414
00:27:55.240 --> 00:27:56.839
<v Speaker 5>about Peter Cogozian.

415
00:27:58.400 --> 00:28:03.799
<v Speaker 1>I would love to. Peter koog Asian was is a

416
00:28:03.839 --> 00:28:08.039
<v Speaker 1>lifelong Manhattan assistant to Search attorney. He's held a number

417
00:28:08.079 --> 00:28:12.160
<v Speaker 1>of high level positions in the office. He is now

418
00:28:12.440 --> 00:28:18.440
<v Speaker 1>suffering from als. He is hospitalized, his brain is still

419
00:28:18.680 --> 00:28:22.559
<v Speaker 1>you know, the one of the most powerful machines that

420
00:28:22.599 --> 00:28:26.119
<v Speaker 1>I've ever encountered. And Peter, Peter and I had a

421
00:28:26.119 --> 00:28:28.920
<v Speaker 1>bit of friction in the beginning because he was sort of,

422
00:28:29.079 --> 00:28:32.079
<v Speaker 1>you know, for the first few years of the investigation,

423
00:28:32.200 --> 00:28:37.440
<v Speaker 1>he was sort of hovering as an occasional expert slash consultant.

424
00:28:39.160 --> 00:28:41.359
<v Speaker 1>You know, he was something someone that we went to

425
00:28:41.519 --> 00:28:44.799
<v Speaker 1>if we had a question about you know, ethics or

426
00:28:45.720 --> 00:28:51.799
<v Speaker 1>strategy or legal research to uh, you know, he's really

427
00:28:51.839 --> 00:28:57.799
<v Speaker 1>the ultimate devil's advocate. And when we were preparing to

428
00:28:58.799 --> 00:29:04.720
<v Speaker 1>bring the the second sort of portion of evidence before

429
00:29:04.720 --> 00:29:07.960
<v Speaker 1>the grand jury to try to obtain a superseding indictment,

430
00:29:08.039 --> 00:29:10.799
<v Speaker 1>so an indictment that could both capture all of doctor

431
00:29:10.880 --> 00:29:16.839
<v Speaker 1>Lee's criminal conduct and absorb the previous indictment, my boss,

432
00:29:16.880 --> 00:29:20.400
<v Speaker 1>Bridget Brennan, assigned Peter to be the senior trial council.

433
00:29:21.240 --> 00:29:23.839
<v Speaker 1>While I had been practicing law for a number of years,

434
00:29:23.920 --> 00:29:27.359
<v Speaker 1>I'd done a couple of trials, Peter had done dozens

435
00:29:27.359 --> 00:29:30.720
<v Speaker 1>of trials. And also key point, I had never prosecuted

436
00:29:30.759 --> 00:29:34.160
<v Speaker 1>a homicide. And this wasn't just one homicide case. It

437
00:29:34.200 --> 00:29:37.440
<v Speaker 1>was a double homicide, so I was delighted to have

438
00:29:37.519 --> 00:29:41.960
<v Speaker 1>Peter come on. However, Peter and I had very very

439
00:29:42.000 --> 00:29:45.960
<v Speaker 1>different work styles. He is more of the messy genius style.

440
00:29:46.160 --> 00:29:51.559
<v Speaker 1>I am more of the you know, compulsively meet and

441
00:29:51.799 --> 00:29:57.599
<v Speaker 1>organized and sort of you know, obsessive about thoroughness. Where

442
00:29:58.119 --> 00:30:01.480
<v Speaker 1>one of Peter's skills, which is born of his experiences,

443
00:30:01.519 --> 00:30:04.319
<v Speaker 1>that he knows exactly what he needs to get and

444
00:30:04.359 --> 00:30:08.279
<v Speaker 1>he doesn't worry about all the things that he might

445
00:30:08.319 --> 00:30:11.799
<v Speaker 1>be able to get but doesn't really need. So our

446
00:30:12.160 --> 00:30:16.079
<v Speaker 1>partnership was a little bit fraut. But ultimately what really

447
00:30:16.160 --> 00:30:20.880
<v Speaker 1>brought us together with Joe in you know, a very

448
00:30:21.000 --> 00:30:24.200
<v Speaker 1>very tight commitment to this case, was that we had

449
00:30:24.440 --> 00:30:28.559
<v Speaker 1>never seen anything like it. And you know, it doesn't

450
00:30:28.559 --> 00:30:30.799
<v Speaker 1>say much for me just because I hadn't you know,

451
00:30:30.799 --> 00:30:32.279
<v Speaker 1>I'd only been practicing law for.

452
00:30:32.240 --> 00:30:32.799
<v Speaker 2>A few years.

453
00:30:32.839 --> 00:30:36.240
<v Speaker 1>But Joe and Peter together had decades of experience working

454
00:30:36.279 --> 00:30:39.559
<v Speaker 1>on the most horrific crimes of the city, and neither

455
00:30:39.599 --> 00:30:43.240
<v Speaker 1>of them could get over the cruelty of this case

456
00:30:44.319 --> 00:30:48.720
<v Speaker 1>and also just the death count. It was staggering.

457
00:30:51.480 --> 00:30:55.039
<v Speaker 5>Now in your investigation, of course, and you showcase this

458
00:30:55.119 --> 00:30:57.279
<v Speaker 5>in the book as well. You go back and forth

459
00:30:57.400 --> 00:31:04.400
<v Speaker 5>to these real exactly of the damage and the and

460
00:31:04.440 --> 00:31:08.960
<v Speaker 5>the end result of overdose. Tell us about who you

461
00:31:09.039 --> 00:31:13.720
<v Speaker 5>first meet in terms of in terms of Margaret Rappled

462
00:31:13.920 --> 00:31:18.079
<v Speaker 5>or Joseph Haig's family, which do you find do you

463
00:31:18.119 --> 00:31:20.359
<v Speaker 5>locate first and speak to them? And what do they

464
00:31:20.559 --> 00:31:23.960
<v Speaker 5>have to say to you about Vincent Lee or Bardon Stanley.

465
00:31:25.599 --> 00:31:30.799
<v Speaker 1>We first identified Nicholas Raphold as an overdose victim, and

466
00:31:33.240 --> 00:31:38.039
<v Speaker 1>Joe began reaching out to Margaret, but he knew that

467
00:31:38.119 --> 00:31:43.400
<v Speaker 1>it would take time. I can't remember which one we

468
00:31:43.440 --> 00:31:46.680
<v Speaker 1>spoke to you first, but it is possible that we

469
00:31:46.759 --> 00:31:51.000
<v Speaker 1>made I know that we made contact first with Margaret,

470
00:31:51.440 --> 00:31:54.400
<v Speaker 1>but it's possible that we first spoke to members of

471
00:31:54.400 --> 00:31:57.759
<v Speaker 1>the Haigue family because Joseph Higgs's father was also a

472
00:31:57.880 --> 00:32:03.079
<v Speaker 1>former NYPD detective, and so I believe he was, you know,

473
00:32:03.799 --> 00:32:07.000
<v Speaker 1>more understanding of what the process might involve and more

474
00:32:07.039 --> 00:32:11.599
<v Speaker 1>willing to speak to you know, not that Margaret was unwilling,

475
00:32:11.599 --> 00:32:17.200
<v Speaker 1>but I think for Joseph Haig's father, he was able

476
00:32:17.680 --> 00:32:21.680
<v Speaker 1>to set aside his grief because he felt that he

477
00:32:21.759 --> 00:32:26.000
<v Speaker 1>had a sense of duty to collaborate with us, whereas

478
00:32:26.039 --> 00:32:30.960
<v Speaker 1>Margaret really really just wasn't strong enough yet to talk

479
00:32:31.000 --> 00:32:34.720
<v Speaker 1>about it, and we had to respect that. There finally

480
00:32:34.759 --> 00:32:37.240
<v Speaker 1>came a moment when she was ready to talk. We

481
00:32:39.039 --> 00:32:42.960
<v Speaker 1>sent Joe and Buddy Leasala to speak with her a

482
00:32:42.960 --> 00:32:45.799
<v Speaker 1>couple times at her house, and then when she felt ready,

483
00:32:45.920 --> 00:32:49.880
<v Speaker 1>I met with her, along with Joe and Buddy in

484
00:32:50.640 --> 00:32:53.880
<v Speaker 1>the principal's office of the school where she worked, the

485
00:32:53.920 --> 00:33:00.680
<v Speaker 1>special education school where she worked. And you know that

486
00:33:00.680 --> 00:33:05.400
<v Speaker 1>that interview is really burnt into my mind for a

487
00:33:05.480 --> 00:33:09.720
<v Speaker 1>number of reasons. You know, I've been working on I'd

488
00:33:09.720 --> 00:33:13.119
<v Speaker 1>worked on appeals, I'd worked on narcotics cases. I'd never

489
00:33:13.160 --> 00:33:17.519
<v Speaker 1>worked on a homicide. I was so nervous at the

490
00:33:17.559 --> 00:33:22.200
<v Speaker 1>thought of saying the wrong thing, and not just to

491
00:33:22.240 --> 00:33:24.720
<v Speaker 1>a mother who was grieving, but saying the wrong thing

492
00:33:25.240 --> 00:33:27.960
<v Speaker 1>such that I would, you know, jeopardize the case in

493
00:33:28.000 --> 00:33:33.480
<v Speaker 1>some way. Also, at the time, I had two kids,

494
00:33:33.519 --> 00:33:35.359
<v Speaker 1>two young kids. I was in the middle of a

495
00:33:35.400 --> 00:33:37.920
<v Speaker 1>divorce for a variety of personal reasons, I had this

496
00:33:38.440 --> 00:33:43.160
<v Speaker 1>sort of extreme sensitivity to the idea of anybody losing

497
00:33:43.240 --> 00:33:48.359
<v Speaker 1>their child. And you know, and so she, in my mind,

498
00:33:48.400 --> 00:33:51.079
<v Speaker 1>she was somebody who had survived the worst. It was

499
00:33:51.119 --> 00:33:54.599
<v Speaker 1>still very, very fresh for her. Nicholas had been dead,

500
00:33:56.359 --> 00:34:00.400
<v Speaker 1>I think just over a year if that, and he

501
00:34:00.480 --> 00:34:04.359
<v Speaker 1>died alone. He died alone in his car overnight. He

502
00:34:04.440 --> 00:34:07.000
<v Speaker 1>was even issued a parking ticket while he was in

503
00:34:07.039 --> 00:34:10.480
<v Speaker 1>the car deceased. So there was really a sort of

504
00:34:10.559 --> 00:34:13.880
<v Speaker 1>cruelty and loneliness to his death that was very hard

505
00:34:13.920 --> 00:34:18.199
<v Speaker 1>for all of us to accept. And Margaret, you know,

506
00:34:18.239 --> 00:34:22.000
<v Speaker 1>from our very first meeting, she said, he was no angel.

507
00:34:22.599 --> 00:34:26.519
<v Speaker 1>She wasn't out there to get anyone. She just wanted

508
00:34:26.559 --> 00:34:29.239
<v Speaker 1>to know what happened. And she just had a sense

509
00:34:29.760 --> 00:34:32.920
<v Speaker 1>that it wasn't just an accident, you know, because at

510
00:34:32.960 --> 00:34:37.159
<v Speaker 1>the time and again we've you know, we've evolved from this,

511
00:34:37.280 --> 00:34:42.440
<v Speaker 1>but overdoses were simply classified as accidents, and you know,

512
00:34:42.519 --> 00:34:48.000
<v Speaker 1>they became statistics. Now because we had started with doctor

513
00:34:48.079 --> 00:34:51.800
<v Speaker 1>Lee and worked our way towards Nicholas's death, we were

514
00:34:51.840 --> 00:34:55.599
<v Speaker 1>able to look at it from a different angle. But

515
00:34:55.719 --> 00:35:01.079
<v Speaker 1>it became really a moral imperative for us to never

516
00:35:01.199 --> 00:35:06.559
<v Speaker 1>again assume that these overdose deaths were just accidents, you know,

517
00:35:06.639 --> 00:35:09.000
<v Speaker 1>And of course we can't trace back all of them,

518
00:35:09.000 --> 00:35:14.679
<v Speaker 1>and in some cases, you know, the responsibility isn't the

519
00:35:14.719 --> 00:35:16.480
<v Speaker 1>same as it is in this case. Where you had

520
00:35:16.480 --> 00:35:19.599
<v Speaker 1>a licensed physician who was not a drug user himself,

521
00:35:19.639 --> 00:35:23.559
<v Speaker 1>who was driven by greed. But it's really important, I think,

522
00:35:23.599 --> 00:35:32.000
<v Speaker 1>to see these deaths as untimely, unnecessary, and worthy of investigation.

523
00:35:34.480 --> 00:35:37.199
<v Speaker 5>Certainly, let's use this as an opportunity to stop for

524
00:35:37.199 --> 00:35:38.880
<v Speaker 5>a second for these messages.

525
00:35:41.800 --> 00:35:45.039
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526
00:35:45.039 --> 00:35:45.760
<v Speaker 3>gotten lucky?

527
00:35:46.079 --> 00:35:46.440
<v Speaker 4>Lucky?

528
00:35:46.719 --> 00:35:48.960
<v Speaker 3>In line of the Delhi, I guess ah, in my

529
00:35:49.079 --> 00:35:50.920
<v Speaker 3>dentist's office more than months.

530
00:35:50.960 --> 00:35:52.559
<v Speaker 1>Actually do I have to say?

531
00:35:52.760 --> 00:35:53.199
<v Speaker 2>Yes? You do?

532
00:35:53.480 --> 00:35:55.920
<v Speaker 1>In the car before my kid's PTA meeting?

533
00:35:56.159 --> 00:35:56.480
<v Speaker 3>Really?

534
00:35:56.679 --> 00:35:59.880
<v Speaker 2>Yes, excuse me? What's the weirdest place you've gotten lucky?

535
00:35:59.719 --> 00:36:00.840
<v Speaker 1>I never win?

536
00:36:00.880 --> 00:36:02.360
<v Speaker 2>And tell well, there you have it.

537
00:36:02.360 --> 00:36:05.199
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538
00:36:05.239 --> 00:36:06.880
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539
00:36:07.000 --> 00:36:09.000
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540
00:36:09.000 --> 00:36:11.800
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541
00:36:12.239 --> 00:36:15.960
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542
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543
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544
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545
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547
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549
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<v Speaker 5>Now you talked about that. Certainly you regarded this and

550
00:36:47.079 --> 00:36:55.320
<v Speaker 5>your office as a prosecutable crimes and homicide potential convictions,

551
00:36:56.119 --> 00:37:01.760
<v Speaker 5>also reckless endangerment. And so there is at least five,

552
00:37:02.840 --> 00:37:05.559
<v Speaker 5>if I'm not correct, five people that you're dealing with

553
00:37:05.599 --> 00:37:10.719
<v Speaker 5>in terms of charges. Tell us more about the trial

554
00:37:10.880 --> 00:37:18.599
<v Speaker 5>which happens in Begins in twenty fourteen, we.

555
00:37:18.559 --> 00:37:23.400
<v Speaker 1>Actually identified twenty patients out of more than one thousand

556
00:37:23.679 --> 00:37:26.800
<v Speaker 1>for whom we could bring charges against doctor Lee. And

557
00:37:27.880 --> 00:37:30.480
<v Speaker 1>the way that we did that was after the search warrant,

558
00:37:30.599 --> 00:37:34.559
<v Speaker 1>we literally sat down in a conference room with I

559
00:37:34.559 --> 00:37:37.599
<v Speaker 1>think it was twelve hundred patient files and went through

560
00:37:37.599 --> 00:37:41.800
<v Speaker 1>them one by one and then cross referenced against prescription records,

561
00:37:41.880 --> 00:37:47.760
<v Speaker 1>medical records records from other medical offices, interviews with family members,

562
00:37:47.880 --> 00:37:51.880
<v Speaker 1>interviews with the individual. If we could we really know,

563
00:37:52.000 --> 00:37:54.840
<v Speaker 1>any time that we saw something that could potentially be

564
00:37:54.920 --> 00:38:00.840
<v Speaker 1>connected to criminal conduct, we ran it down. So we

565
00:38:00.920 --> 00:38:04.400
<v Speaker 1>ultimately winnowed it down to twenty patients where we felt

566
00:38:04.400 --> 00:38:07.800
<v Speaker 1>that we could prove to a jury that doctor Lee

567
00:38:08.159 --> 00:38:13.000
<v Speaker 1>not only had sold prescriptions not in good faith, but

568
00:38:13.559 --> 00:38:17.159
<v Speaker 1>in many of those cases had recklessly endangered the life

569
00:38:17.599 --> 00:38:22.400
<v Speaker 1>of those patients or had conducted committed i'm sorry, insurance

570
00:38:22.400 --> 00:38:26.199
<v Speaker 1>fraud with respect to those patients. We also discovered, of course,

571
00:38:26.239 --> 00:38:29.960
<v Speaker 1>that he was exploiting Medicare patients by promising to pay

572
00:38:30.000 --> 00:38:34.239
<v Speaker 1>them back, forcing them to pay cash upfront, and then

573
00:38:34.280 --> 00:38:39.679
<v Speaker 1>of course keeping all of the money. So the trial

574
00:38:40.280 --> 00:38:46.280
<v Speaker 1>was an event that we dreaded, that we feared because

575
00:38:46.760 --> 00:38:51.400
<v Speaker 1>we knew that it would be massive. You know, I

576
00:38:51.480 --> 00:38:54.039
<v Speaker 1>realized that I may be saying something that prosecutors don't

577
00:38:54.079 --> 00:38:56.880
<v Speaker 1>usually say, but you know, I think anybody who says

578
00:38:56.880 --> 00:39:00.840
<v Speaker 1>that they're not nervous about a trial is probably not

579
00:39:00.920 --> 00:39:03.239
<v Speaker 1>telling the whole truth, because you know, there is such

580
00:39:03.280 --> 00:39:08.239
<v Speaker 1>a high pressure, not just because and actually not because

581
00:39:08.280 --> 00:39:10.000
<v Speaker 1>you want to win, but because you want to get

582
00:39:10.039 --> 00:39:14.679
<v Speaker 1>it right, and you know you will. We felt a

583
00:39:14.679 --> 00:39:18.639
<v Speaker 1>tremendous pressure to do everything absolutely to the tea because

584
00:39:18.679 --> 00:39:21.440
<v Speaker 1>there had never been a case like this before where

585
00:39:21.559 --> 00:39:26.039
<v Speaker 1>doctor was being tried on charges of homicide for the

586
00:39:26.079 --> 00:39:29.079
<v Speaker 1>overdose death of a patient. We also, you know, twenty

587
00:39:29.119 --> 00:39:31.920
<v Speaker 1>patients that just meant it. You know, hundreds of pieces

588
00:39:31.920 --> 00:39:35.360
<v Speaker 1>of evidence. We had seventy two witnesses lined up, many

589
00:39:35.400 --> 00:39:39.719
<v Speaker 1>of whom didn't necessarily have a stable home or place

590
00:39:39.760 --> 00:39:43.280
<v Speaker 1>of employment. So it was sort of a daily We

591
00:39:43.320 --> 00:39:46.079
<v Speaker 1>would wake up every day and wonder will our witnesses

592
00:39:46.159 --> 00:39:48.360
<v Speaker 1>be able to come in, how will they come in,

593
00:39:49.119 --> 00:39:53.639
<v Speaker 1>how will the day unfold? You can't necessarily present evidence

594
00:39:53.639 --> 00:39:56.840
<v Speaker 1>to the jury in a most linear fashion because you

595
00:39:56.880 --> 00:40:00.920
<v Speaker 1>have to respect people's schedules. It was it was a

596
00:40:01.000 --> 00:40:07.239
<v Speaker 1>roller coaster. It was in many ways a tremendous civics

597
00:40:07.320 --> 00:40:13.559
<v Speaker 1>lesson because we would have physicians and uh, you know,

598
00:40:13.639 --> 00:40:17.800
<v Speaker 1>other professionals coming in who had very very difficult, demanding

599
00:40:17.920 --> 00:40:21.760
<v Speaker 1>jobs but who felt so strongly about doing their part

600
00:40:21.840 --> 00:40:25.480
<v Speaker 1>and showing up. We had former patients of doctor Lee

601
00:40:25.599 --> 00:40:29.400
<v Speaker 1>who had criminal conviction convictions on their record or who

602
00:40:29.519 --> 00:40:31.239
<v Speaker 1>had to come in and tell the jury that they

603
00:40:31.239 --> 00:40:33.440
<v Speaker 1>had lied to doctor Lee, and they were willing to

604
00:40:33.480 --> 00:40:37.519
<v Speaker 1>come in and stand up. So it was extraordinary. And

605
00:40:37.679 --> 00:40:41.679
<v Speaker 1>you know, there were also very difficult days where cross

606
00:40:41.679 --> 00:40:47.119
<v Speaker 1>examination would push witnesses to you know, deep levels of upset.

607
00:40:48.079 --> 00:40:50.760
<v Speaker 1>One woman collapsed on the stand because she was so

608
00:40:51.719 --> 00:40:58.440
<v Speaker 1>devastated by cross examination. So it was those were four very,

609
00:40:58.559 --> 00:41:02.920
<v Speaker 1>very long months, and what got us through was the teamwork,

610
00:41:03.199 --> 00:41:06.320
<v Speaker 1>not just that we felt at the core level of me,

611
00:41:06.559 --> 00:41:11.960
<v Speaker 1>Peter Joe, but the team of experts and attorneys from

612
00:41:12.000 --> 00:41:16.639
<v Speaker 1>our office and other offices, and the witnesses who were

613
00:41:16.880 --> 00:41:21.199
<v Speaker 1>determined no matter how hard it was to you know,

614
00:41:21.239 --> 00:41:23.400
<v Speaker 1>and no matter whether we got it conviction because of

615
00:41:23.400 --> 00:41:26.079
<v Speaker 1>course there's no certainty, but they wanted the truth to

616
00:41:26.159 --> 00:41:28.960
<v Speaker 1>be known. And that is the beauty of a trial,

617
00:41:29.079 --> 00:41:31.519
<v Speaker 1>is that whether you win or lose, you know, the

618
00:41:31.599 --> 00:41:33.840
<v Speaker 1>facts are out there and they are tested.

619
00:41:36.679 --> 00:41:39.639
<v Speaker 5>You said also that it would end up being likely

620
00:41:39.679 --> 00:41:43.400
<v Speaker 5>a battle of the expert witnesses, and so you both

621
00:41:43.440 --> 00:41:49.480
<v Speaker 5>had adequate expert witnesses to testify. The main crux of this, though,

622
00:41:49.599 --> 00:41:53.320
<v Speaker 5>was that you had to prove these two homicide charges. Again,

623
00:41:53.440 --> 00:41:56.400
<v Speaker 5>this is never this is unprecedented, So you need to

624
00:41:56.480 --> 00:41:59.239
<v Speaker 5>prove that. How did you use the stories and what

625
00:41:59.360 --> 00:42:05.400
<v Speaker 5>were the story of Margaret Rappled and Joseph Haig that

626
00:42:05.400 --> 00:42:11.519
<v Speaker 5>that demonstrated clearly the homicide charges that you were trying

627
00:42:11.519 --> 00:42:12.199
<v Speaker 5>to prosecute.

628
00:42:14.000 --> 00:42:17.280
<v Speaker 1>That's an excellent, excellent question because it really gets to

629
00:42:17.400 --> 00:42:21.159
<v Speaker 1>the tension in both the case and the trial. Doctor

630
00:42:21.239 --> 00:42:25.679
<v Speaker 1>Lee made a very smart move in retaining an attorney

631
00:42:25.760 --> 00:42:30.599
<v Speaker 1>who was actually a medical malpractice specialist, and so they

632
00:42:31.360 --> 00:42:36.199
<v Speaker 1>shifted the ground of debate at trial away from, you know,

633
00:42:36.280 --> 00:42:40.000
<v Speaker 1>the burden of proof on the charges and more towards

634
00:42:40.079 --> 00:42:45.519
<v Speaker 1>what is medicine. What is a doctor's role? Is who

635
00:42:45.599 --> 00:42:50.639
<v Speaker 1>is responsible when a patient defies the doctor's orders? And

636
00:42:53.079 --> 00:42:57.039
<v Speaker 1>you know, we had to prove in order to satisfy

637
00:42:57.079 --> 00:42:59.519
<v Speaker 1>the burden on the charge of an illegal faiale of

638
00:42:59.519 --> 00:43:01.719
<v Speaker 1>a prescript, we had to prove that the doctor was

639
00:43:01.760 --> 00:43:04.400
<v Speaker 1>acting other than in good faith. And there was a

640
00:43:04.639 --> 00:43:07.400
<v Speaker 1>very very little case precedent in New York State. To

641
00:43:07.519 --> 00:43:11.039
<v Speaker 1>explain what that meant. We had a couple of factors

642
00:43:11.159 --> 00:43:14.159
<v Speaker 1>from you know, a case that was not binding on

643
00:43:14.199 --> 00:43:17.199
<v Speaker 1>our court that indicated that, you know, there were certain

644
00:43:17.239 --> 00:43:22.440
<v Speaker 1>behaviors like seeing large numbers of patients accepting only cash,

645
00:43:22.480 --> 00:43:25.119
<v Speaker 1>having the sort of cookie cutter prescriptions that were the

646
00:43:25.159 --> 00:43:28.559
<v Speaker 1>same for every patient. So we relied on those factors.

647
00:43:28.599 --> 00:43:33.360
<v Speaker 1>But the defense attorney mister Bellair and doctor Lee really

648
00:43:33.440 --> 00:43:39.239
<v Speaker 1>leaned heavily into the notion of not only a physician's discretion,

649
00:43:39.480 --> 00:43:43.239
<v Speaker 1>but a physician's reliance on the patient and trust in

650
00:43:43.320 --> 00:43:46.280
<v Speaker 1>the patient, and their argument was really that doctor Lee

651
00:43:46.360 --> 00:43:50.480
<v Speaker 1>had been betrayed by his patients. Now, you know, we

652
00:43:50.559 --> 00:43:55.280
<v Speaker 1>did two things to counter that. First, we built a

653
00:43:55.719 --> 00:43:59.519
<v Speaker 1>very very strong case about the money. We followed the money,

654
00:43:59.559 --> 00:44:02.320
<v Speaker 1>and we proved the jury that all of the decisions

655
00:44:02.320 --> 00:44:05.079
<v Speaker 1>that were so called medical decisions for doctor Lee were

656
00:44:05.159 --> 00:44:10.400
<v Speaker 1>actually about money. For instance, doctor Lee claimed that he

657
00:44:10.519 --> 00:44:13.440
<v Speaker 1>was very sensitive to the fact that his patients should

658
00:44:13.519 --> 00:44:17.079
<v Speaker 1>not see other doctors or obtain controlled substances from other doctors.

659
00:44:17.519 --> 00:44:21.519
<v Speaker 1>But we prove to the jury, using doctor Lee's own

660
00:44:21.599 --> 00:44:26.519
<v Speaker 1>medical records, that he was actually monetizing that fact. So

661
00:44:26.960 --> 00:44:30.119
<v Speaker 1>you asked earlier about what made these records unusual, if anything,

662
00:44:30.880 --> 00:44:32.639
<v Speaker 1>I don't know if you have ever had a doctor

663
00:44:32.639 --> 00:44:36.320
<v Speaker 1>who noted in the margins of your medical records the

664
00:44:36.400 --> 00:44:38.679
<v Speaker 1>amount of money that you were paying him or her

665
00:44:38.760 --> 00:44:41.480
<v Speaker 1>on that visit, an amount of money in cash and

666
00:44:41.519 --> 00:44:47.000
<v Speaker 1>maybe with an right or you know, extra fifty dollars

667
00:44:47.000 --> 00:44:50.480
<v Speaker 1>for seeing another doctor, extra fifty dollars for coming too early.

668
00:44:50.800 --> 00:44:53.079
<v Speaker 1>That's what we found in the records, and that's what

669
00:44:53.119 --> 00:44:55.800
<v Speaker 1>we were able to confront doctor Lee with at trial.

670
00:44:56.800 --> 00:45:01.159
<v Speaker 1>So you know that really countered his sort of medical defense.

671
00:45:01.719 --> 00:45:07.039
<v Speaker 1>Now on the recklessness I'm sorry, I'm the reckless homicide,

672
00:45:07.039 --> 00:45:13.480
<v Speaker 1>which is manslaughter. The standard there is that you have

673
00:45:13.559 --> 00:45:17.960
<v Speaker 1>to be aware of a substantial risk and then consciously

674
00:45:18.079 --> 00:45:23.079
<v Speaker 1>disregard that risk. Now before we even get to proving it,

675
00:45:23.119 --> 00:45:26.519
<v Speaker 1>there was the debate about whether that was the appropriate charge,

676
00:45:26.599 --> 00:45:30.199
<v Speaker 1>because there's another homicide charge that we considered, which is

677
00:45:30.320 --> 00:45:35.719
<v Speaker 1>criminally negligent homicide. The difficulty is that with criminally negligent homicide,

678
00:45:36.239 --> 00:45:41.000
<v Speaker 1>you know, it's doctor Lee had too much knowledge. He

679
00:45:41.199 --> 00:45:45.360
<v Speaker 1>was a not just a trained and licensed physician, but

680
00:45:45.480 --> 00:45:49.000
<v Speaker 1>he was a very good physician. He was also an anesthesiologist.

681
00:45:49.039 --> 00:45:51.559
<v Speaker 1>So this is a man who walked that line between

682
00:45:51.559 --> 00:45:54.760
<v Speaker 1>life and death, you know, every day at work, who

683
00:45:54.840 --> 00:45:57.559
<v Speaker 1>knew how to put patients in a state of unconsciousness

684
00:45:57.599 --> 00:46:02.440
<v Speaker 1>and bring them back, who also had this ex registration

685
00:46:02.559 --> 00:46:06.159
<v Speaker 1>which meant that he was also aware of opioid use disorder.

686
00:46:06.239 --> 00:46:10.719
<v Speaker 1>So criminally negligent homicide just didn't fit the facts right,

687
00:46:10.800 --> 00:46:15.800
<v Speaker 1>whereas reckless man's laughter for doctor Lee really captured his

688
00:46:15.920 --> 00:46:20.360
<v Speaker 1>conduct and what In response specifically to your question about

689
00:46:20.519 --> 00:46:25.519
<v Speaker 1>Joseph Hagen, Nicholas Raphold the clincher was that he had

690
00:46:25.559 --> 00:46:29.400
<v Speaker 1>been put on notice not just with them, but through

691
00:46:30.039 --> 00:46:35.760
<v Speaker 1>his treatment of other patients that there was a substantial

692
00:46:35.880 --> 00:46:41.360
<v Speaker 1>risk that they weren't just going to take more than prescribed,

693
00:46:41.599 --> 00:46:45.119
<v Speaker 1>but that they might die. So the way that we

694
00:46:45.280 --> 00:46:49.639
<v Speaker 1>proved that was that we were able to marshal the

695
00:46:49.719 --> 00:46:53.440
<v Speaker 1>medical records from all twenty of these patients and build

696
00:46:53.480 --> 00:46:56.760
<v Speaker 1>a timeline for the jury where they saw that for

697
00:46:56.880 --> 00:46:59.880
<v Speaker 1>up to three years before doctor Lee even met Nickle

698
00:47:00.199 --> 00:47:03.039
<v Speaker 1>wrap Hold, he knew that he had patients who were

699
00:47:03.440 --> 00:47:06.320
<v Speaker 1>taking more than prescribed, who were trading the pills for

700
00:47:06.440 --> 00:47:11.760
<v Speaker 1>other drugs, who were overdosing fatally and non fatally. That

701
00:47:11.960 --> 00:47:15.079
<v Speaker 1>those patients tended to be young, they tended to be male,

702
00:47:15.159 --> 00:47:19.199
<v Speaker 1>they tended to have, you know, no diagnostic records, et cetera,

703
00:47:19.280 --> 00:47:22.000
<v Speaker 1>et cetera. So by the time Nicholas Raphold walked into

704
00:47:22.039 --> 00:47:26.280
<v Speaker 1>his office, doctor Lee should have known, and in fact

705
00:47:26.519 --> 00:47:30.039
<v Speaker 1>he did know. So the other you know, one of

706
00:47:30.079 --> 00:47:35.400
<v Speaker 1>the key pieces of evidence was a handwritten log or

707
00:47:35.440 --> 00:47:38.719
<v Speaker 1>a set of handwritten logs that doctor Lee's staff kept

708
00:47:39.280 --> 00:47:44.199
<v Speaker 1>for every day of his practice, where you could see

709
00:47:44.239 --> 00:47:46.920
<v Speaker 1>not just how many patients he saw per day, but

710
00:47:47.000 --> 00:47:51.480
<v Speaker 1>what he charged them, and there I remember, we confronted

711
00:47:51.559 --> 00:47:55.199
<v Speaker 1>him with one of those logs he had seen sixty

712
00:47:55.239 --> 00:47:58.360
<v Speaker 1>one patients in a day, which was you know, rather

713
00:47:58.480 --> 00:48:00.719
<v Speaker 1>low for him. He would go up to one hundred.

714
00:48:01.800 --> 00:48:04.079
<v Speaker 1>One of the first patients he saw was a patient

715
00:48:04.199 --> 00:48:07.320
<v Speaker 1>whose father had written to him begging him to stop

716
00:48:07.360 --> 00:48:09.239
<v Speaker 1>prescribing a couple of years earlier.

717
00:48:10.519 --> 00:48:11.199
<v Speaker 2>She was there.

718
00:48:11.280 --> 00:48:16.039
<v Speaker 1>This was in twenty ten. Then there was you know,

719
00:48:16.119 --> 00:48:19.440
<v Speaker 1>another patient who had later died of an overdose. There

720
00:48:19.480 --> 00:48:22.639
<v Speaker 1>was Joseph Haig, and then there was Nicholas Raphold, and

721
00:48:22.840 --> 00:48:25.800
<v Speaker 1>if I remember correctly, Nicholas Rappold was number sixty one

722
00:48:25.880 --> 00:48:29.280
<v Speaker 1>out of sixty one patient. So you have this circumstantial

723
00:48:29.280 --> 00:48:33.880
<v Speaker 1>evidence that, you know, how much attention would he have

724
00:48:34.000 --> 00:48:38.400
<v Speaker 1>paid to this twenty one year old man after having

725
00:48:38.480 --> 00:48:42.280
<v Speaker 1>seeing sixty other patients in the course of just a regular,

726
00:48:42.519 --> 00:48:48.159
<v Speaker 1>you know, a regular length workday and the patients you know,

727
00:48:48.239 --> 00:48:51.119
<v Speaker 1>also worked. Taking the stand and saying these visits lasted

728
00:48:51.199 --> 00:48:53.599
<v Speaker 1>only as long as it took for him to write

729
00:48:53.639 --> 00:48:57.000
<v Speaker 1>the prescription and take the money. So it really allowed

730
00:48:57.000 --> 00:49:01.960
<v Speaker 1>the jury to understand what reckless is. Recklessness meant that

731
00:49:02.119 --> 00:49:07.320
<v Speaker 1>was recklessness. Recklessness was you know, knowing the risk and

732
00:49:07.360 --> 00:49:10.639
<v Speaker 1>disregarding it. Recklessness was seeing sixty one patients in a

733
00:49:10.719 --> 00:49:14.280
<v Speaker 1>day and then just writing a prescription to number sixty

734
00:49:14.320 --> 00:49:18.079
<v Speaker 1>one and sending him off even though you know, you

735
00:49:18.159 --> 00:49:22.119
<v Speaker 1>knew that he might well take more or overdose. And

736
00:49:23.760 --> 00:49:25.639
<v Speaker 1>I have to say, you know, even talking about it,

737
00:49:25.639 --> 00:49:28.800
<v Speaker 1>it was devastating to work on and it was very

738
00:49:28.840 --> 00:49:30.480
<v Speaker 1>hard for the jury as well.

739
00:49:31.960 --> 00:49:36.320
<v Speaker 5>What's interesting is you also outlined the five rules that

740
00:49:36.360 --> 00:49:42.000
<v Speaker 5>Peter Coogesian was very experienced attorney thirty five years. He

741
00:49:42.800 --> 00:49:48.480
<v Speaker 5>had five rules for cross examination and doctor Lee. It's

742
00:49:48.599 --> 00:49:50.880
<v Speaker 5>very interesting. He took the stand, but he'd have to

743
00:49:50.960 --> 00:49:53.039
<v Speaker 5>answer some of these questions. I think it would be

744
00:49:53.119 --> 00:49:57.719
<v Speaker 5>advised where it normally wouldn't be in criminal cases. So

745
00:49:58.320 --> 00:50:02.719
<v Speaker 5>he started this cross examining with a definite strategy from

746
00:50:02.760 --> 00:50:06.599
<v Speaker 5>all his years of experience. And you outline those five

747
00:50:06.760 --> 00:50:10.679
<v Speaker 5>rules that he uses and used in this case to

748
00:50:10.719 --> 00:50:15.880
<v Speaker 5>be able to get doctor Lee to admit to certain lives.

749
00:50:16.480 --> 00:50:23.760
<v Speaker 5>As you write, rules like rule four breakdown conclusions, have

750
00:50:23.880 --> 00:50:28.559
<v Speaker 5>the defendant deny established evidence in the case. Isolate those

751
00:50:28.599 --> 00:50:32.760
<v Speaker 5>parts of the defense story that are implausible and untruthful.

752
00:50:33.039 --> 00:50:36.199
<v Speaker 5>So he had an incredible strategy to be able to

753
00:50:37.079 --> 00:50:40.880
<v Speaker 5>over the course of this this is a long testimony.

754
00:50:41.159 --> 00:50:43.000
<v Speaker 5>He was on the stand four days, wasn't he?

755
00:50:44.159 --> 00:50:50.719
<v Speaker 1>He really was. It was extremely long. So Peter, you know,

756
00:50:50.840 --> 00:50:54.000
<v Speaker 1>over the course of his long career, had met many

757
00:50:54.039 --> 00:50:57.280
<v Speaker 1>attorneys and he in fact had trained many eighty's and

758
00:50:57.480 --> 00:51:01.519
<v Speaker 1>including me. Tom Denachus was as one of the ada's

759
00:51:01.599 --> 00:51:05.880
<v Speaker 1>who'd had the greatest influence over Peter, and Peter tended

760
00:51:05.920 --> 00:51:09.599
<v Speaker 1>to quote him very very frequently, and there were in

761
00:51:09.639 --> 00:51:14.079
<v Speaker 1>fact five rules. Rule number one for cross examination was

762
00:51:14.159 --> 00:51:17.440
<v Speaker 1>actually also one that I would say was Peter's rule

763
00:51:17.519 --> 00:51:20.920
<v Speaker 1>number one in life, and that is always lead. So

764
00:51:21.159 --> 00:51:24.480
<v Speaker 1>always lead means that you're always asking leading questions on

765
00:51:24.559 --> 00:51:28.480
<v Speaker 1>cross examination. You're not asking open ended questions. And that's

766
00:51:28.519 --> 00:51:34.079
<v Speaker 1>something that Peter did very very strictly and skillfully for

767
00:51:34.159 --> 00:51:37.480
<v Speaker 1>the first several hours of the cross examination and in

768
00:51:37.599 --> 00:51:42.079
<v Speaker 1>fact most of it, which was he would build questions

769
00:51:42.119 --> 00:51:46.719
<v Speaker 1>that moved along in very small increments and obtain doctor

770
00:51:46.840 --> 00:51:51.840
<v Speaker 1>Lee's confirmation of those points to you know, to the

771
00:51:51.880 --> 00:51:55.159
<v Speaker 1>point where you you could see the conclusion coming and

772
00:51:55.199 --> 00:51:59.039
<v Speaker 1>there was no escaping it. For instance, you know, he

773
00:51:59.079 --> 00:52:03.840
<v Speaker 1>would ask doctor about, you know, the payments that he

774
00:52:04.000 --> 00:52:08.320
<v Speaker 1>received and the fact that he charged. You know, it

775
00:52:08.360 --> 00:52:10.639
<v Speaker 1>was one hundred and fifty dollars as a baseline for

776
00:52:10.679 --> 00:52:13.199
<v Speaker 1>a visit, and then there were extra fifty dollars for

777
00:52:13.440 --> 00:52:19.280
<v Speaker 1>this seeing extra you know, seeing other physicians wanting more pills,

778
00:52:19.320 --> 00:52:22.119
<v Speaker 1>and you know, on such and such days you saw

779
00:52:22.320 --> 00:52:24.199
<v Speaker 1>X number of people, so that makes sense. And then

780
00:52:24.199 --> 00:52:25.840
<v Speaker 1>you made a you know, your wife made a bank

781
00:52:25.920 --> 00:52:28.719
<v Speaker 1>deposit of seven thousand dollars or so in cash. And

782
00:52:28.800 --> 00:52:33.480
<v Speaker 1>so doctor Lee couldn't deny any one of those individual facts,

783
00:52:33.800 --> 00:52:36.719
<v Speaker 1>but the conclusion was so much larger than just the

784
00:52:36.880 --> 00:52:41.920
<v Speaker 1>some of those responses. And you know, Peter really did

785
00:52:42.280 --> 00:52:48.079
<v Speaker 1>a He was obsessive in preparing the cross examination. He

786
00:52:48.320 --> 00:52:53.119
<v Speaker 1>was obviously in a state of extreme stress. He lost

787
00:52:54.079 --> 00:52:57.119
<v Speaker 1>i would say, twenty to thirty pounds during the trial,

788
00:52:57.199 --> 00:53:00.440
<v Speaker 1>which only later we learned was really the pre cursor

789
00:53:00.559 --> 00:53:03.360
<v Speaker 1>to his illness. We thought that it was just the

790
00:53:03.400 --> 00:53:06.559
<v Speaker 1>stress of trial, but it wasn't. And you know, he

791
00:53:06.719 --> 00:53:10.400
<v Speaker 1>was in he was at the height of his powers,

792
00:53:11.199 --> 00:53:15.559
<v Speaker 1>his you know, advocacy powers. He really poured absolutely everything

793
00:53:15.599 --> 00:53:19.760
<v Speaker 1>that he had into preparing this cross examination. In fact,

794
00:53:19.760 --> 00:53:22.840
<v Speaker 1>his office which was always sort of a you know,

795
00:53:23.239 --> 00:53:28.800
<v Speaker 1>unnavigable cavern of piles of papers and books about magic

796
00:53:28.880 --> 00:53:32.280
<v Speaker 1>and old shoes. Was absolutely I mean, you couldn't even

797
00:53:32.320 --> 00:53:36.000
<v Speaker 1>get into it, you know. And he came for the

798
00:53:36.000 --> 00:53:40.000
<v Speaker 1>cross examination with piles and piles of paper, and so

799
00:53:40.079 --> 00:53:44.880
<v Speaker 1>he had this sort of Colombo like style. But just

800
00:53:44.920 --> 00:53:47.880
<v Speaker 1>like Colombo, he knew exactly where he was going and

801
00:53:47.960 --> 00:53:50.360
<v Speaker 1>there was no escape. And I'm sorry I realized I

802
00:53:50.400 --> 00:53:52.480
<v Speaker 1>may have digressed a little bit from your question, but

803
00:53:53.599 --> 00:53:57.239
<v Speaker 1>it's obviously very important to me, you know, especially knowing

804
00:53:58.079 --> 00:54:00.920
<v Speaker 1>Peter's condition now, to really on or his work and

805
00:54:01.320 --> 00:54:04.400
<v Speaker 1>talk about it and describe, you know, how much it

806
00:54:04.519 --> 00:54:08.639
<v Speaker 1>takes to prepare for a case like this and also

807
00:54:08.719 --> 00:54:09.960
<v Speaker 1>execute it.

808
00:54:11.400 --> 00:54:16.039
<v Speaker 5>You also talk and I've found it interesting for an

809
00:54:16.079 --> 00:54:18.719
<v Speaker 5>attorney to say the kinds of things you were said,

810
00:54:18.920 --> 00:54:22.880
<v Speaker 5>but it was still measured but still critical. You talked

811
00:54:22.880 --> 00:54:27.079
<v Speaker 5>about yourself, and you talked about Peter, and you also

812
00:54:27.079 --> 00:54:31.880
<v Speaker 5>talked about Blair, the defense attorney. You said that you

813
00:54:31.960 --> 00:54:35.239
<v Speaker 5>described it as you both all of you or were

814
00:54:35.280 --> 00:54:39.840
<v Speaker 5>in the legal universe. However, there was a different spirit

815
00:54:40.079 --> 00:54:42.760
<v Speaker 5>to Peter and yourself as opposed to Blair. Can you

816
00:54:42.800 --> 00:54:43.440
<v Speaker 5>explain that?

817
00:54:45.119 --> 00:54:45.400
<v Speaker 2>Sure?

818
00:54:46.800 --> 00:54:50.920
<v Speaker 1>So in that courtroom, think of it as you know,

819
00:54:50.960 --> 00:54:54.840
<v Speaker 1>there's a play within a play within a play, there's

820
00:54:54.880 --> 00:54:57.760
<v Speaker 1>a you know, you are in a court of law.

821
00:54:57.960 --> 00:55:01.679
<v Speaker 1>It is a sacred space with rules, with its own

822
00:55:02.239 --> 00:55:06.119
<v Speaker 1>you know, coded codes and language, so a way that

823
00:55:06.159 --> 00:55:09.559
<v Speaker 1>you're supposed to behave areas where certain people can enter

824
00:55:09.559 --> 00:55:12.840
<v Speaker 1>and others not. So you you know, already as an attorney,

825
00:55:12.880 --> 00:55:17.320
<v Speaker 1>you become sort of privy to that landscape and the

826
00:55:17.719 --> 00:55:21.320
<v Speaker 1>significance of each area within the courtroom. That being said,

827
00:55:21.519 --> 00:55:24.000
<v Speaker 1>as a more junior attorney, you're less familiar with it.

828
00:55:24.039 --> 00:55:27.280
<v Speaker 1>You're more reliant on the court officers or the court

829
00:55:27.320 --> 00:55:30.719
<v Speaker 1>staff or your own you know, your own team to

830
00:55:30.800 --> 00:55:34.920
<v Speaker 1>help orient you. And that's not always something that happens

831
00:55:35.159 --> 00:55:39.400
<v Speaker 1>very smoothly. Sometimes I think we let young attorneys stumble

832
00:55:39.440 --> 00:55:42.119
<v Speaker 1>around a bit more as almost part of a you know,

833
00:55:43.400 --> 00:55:50.079
<v Speaker 1>unconscious sort of hazing ritual. So as between Peter and

834
00:55:50.119 --> 00:55:54.000
<v Speaker 1>mister Bellair, I was, even though I'd been practicing law

835
00:55:54.119 --> 00:55:56.280
<v Speaker 1>for you know, seven years or so, at the time,

836
00:55:56.639 --> 00:56:01.760
<v Speaker 1>I was the absolute rookie. I'm also I'm also you know,

837
00:56:01.960 --> 00:56:04.719
<v Speaker 1>on the small side. I don't think I have the

838
00:56:04.800 --> 00:56:11.599
<v Speaker 1>deepest or more most authoritative voice. And you know, there

839
00:56:11.639 --> 00:56:15.280
<v Speaker 1>there were all sorts of perceptions and hierarchies at play

840
00:56:16.039 --> 00:56:22.440
<v Speaker 1>that made it possible for Peter to, uh, you know,

841
00:56:22.880 --> 00:56:26.039
<v Speaker 1>be treated with the respect that he deserved. Because he

842
00:56:26.119 --> 00:56:29.880
<v Speaker 1>had been an outstanding assistant district attorney and member of

843
00:56:29.920 --> 00:56:32.320
<v Speaker 1>the Bar Association for many years. He was well known

844
00:56:32.360 --> 00:56:35.039
<v Speaker 1>in the legal community. But for me to become a

845
00:56:35.039 --> 00:56:38.800
<v Speaker 1>bit I think at times, a bit of a scapegoat,

846
00:56:39.880 --> 00:56:44.480
<v Speaker 1>and you know, and also legitimately there I was, you know,

847
00:56:44.800 --> 00:56:47.360
<v Speaker 1>we're all still learning all the time. I was definitely

848
00:56:47.440 --> 00:56:51.960
<v Speaker 1>learning a lot, and I had a sense of wanting

849
00:56:52.079 --> 00:56:56.079
<v Speaker 1>to do everything really to a point of absolute completion

850
00:56:56.360 --> 00:57:03.679
<v Speaker 1>and clarity that was maybe not necessary or maybe you know,

851
00:57:04.440 --> 00:57:08.039
<v Speaker 1>more more work than the court needed to do at

852
00:57:08.079 --> 00:57:14.440
<v Speaker 1>the time. So I think between the you know, the

853
00:57:14.480 --> 00:57:21.840
<v Speaker 1>age dynamics, the gender dynamics, the differences and experience levels there,

854
00:57:21.880 --> 00:57:26.719
<v Speaker 1>you know, there there were tensions often and uh, you know,

855
00:57:26.760 --> 00:57:29.239
<v Speaker 1>it's clear that sometimes Peter, if Peter could bring up

856
00:57:29.239 --> 00:57:32.320
<v Speaker 1>a point, it would have more traction than if I

857
00:57:32.400 --> 00:57:37.840
<v Speaker 1>brought it up. But Peter really taught me how to

858
00:57:38.440 --> 00:57:43.639
<v Speaker 1>stand my ground. He was very very respectful of our

859
00:57:43.840 --> 00:57:46.559
<v Speaker 1>We had a very clear agreement about who would do what,

860
00:57:46.719 --> 00:57:50.760
<v Speaker 1>and we stuck to it. And interestingly, you know, when

861
00:57:50.760 --> 00:57:52.679
<v Speaker 1>I say a play within a play, I say that

862
00:57:52.760 --> 00:57:56.400
<v Speaker 1>because you have the jury watching and they are outsiders,

863
00:57:57.639 --> 00:57:59.760
<v Speaker 1>and then you have the members of the audience, and

864
00:57:59.800 --> 00:58:02.719
<v Speaker 1>then you have possibly the defendant's family, right or the

865
00:58:02.800 --> 00:58:08.480
<v Speaker 1>victims' families. So the jury noticed some of these dynamics,

866
00:58:08.480 --> 00:58:12.280
<v Speaker 1>and in fact, at the end of the trial, members

867
00:58:12.320 --> 00:58:15.480
<v Speaker 1>of the jury told Joe Hall that they had noticed

868
00:58:15.519 --> 00:58:18.760
<v Speaker 1>some of the dynamics between the attorneys, and members of

869
00:58:18.800 --> 00:58:22.119
<v Speaker 1>the judges staff told me that they had felt badly

870
00:58:22.199 --> 00:58:24.840
<v Speaker 1>for me during the trial, which I thought was, you know,

871
00:58:25.039 --> 00:58:31.039
<v Speaker 1>sweet to say, but also bittersweet, because you know, I

872
00:58:32.280 --> 00:58:35.760
<v Speaker 1>think I realize that it's bizarre for a lawyer to

873
00:58:35.760 --> 00:58:38.559
<v Speaker 1>say this, as you mentioned, but you know, you sometimes

874
00:58:38.559 --> 00:58:41.639
<v Speaker 1>really feel like the crazy person in the room, and

875
00:58:42.559 --> 00:58:45.280
<v Speaker 1>as it turns out, you know, it's just that things

876
00:58:45.320 --> 00:58:47.320
<v Speaker 1>may not be done that way. But it doesn't mean

877
00:58:48.239 --> 00:58:51.239
<v Speaker 1>that you're wrong, and it certainly doesn't mean that you're

878
00:58:51.239 --> 00:58:53.800
<v Speaker 1>out of line.

879
00:58:54.159 --> 00:59:02.559
<v Speaker 5>Right. You also talk about this potential of order of

880
00:59:02.639 --> 00:59:06.840
<v Speaker 5>dismissal that Blair moves for at this end of this

881
00:59:07.239 --> 00:59:13.000
<v Speaker 5>very very long trial. Tell us about the verdicts, tell

882
00:59:13.079 --> 00:59:16.639
<v Speaker 5>us about the trepidation before the verdicts and the deliberation

883
00:59:17.280 --> 00:59:18.079
<v Speaker 5>tell us about this.

884
00:59:20.000 --> 00:59:25.840
<v Speaker 1>That trepidation, I would say, began the day we arranged

885
00:59:25.880 --> 00:59:30.159
<v Speaker 1>doctor Lee on the first indictment November twenty eleven, and

886
00:59:30.280 --> 00:59:33.519
<v Speaker 1>only built from then on because we knew that this

887
00:59:33.760 --> 00:59:37.599
<v Speaker 1>was a very, very unusual case. And you know, I

888
00:59:37.639 --> 00:59:43.199
<v Speaker 1>think part of our obsessional work for me and Peter

889
00:59:43.639 --> 00:59:47.320
<v Speaker 1>and Joe and Stephanie was that we we wanted to

890
00:59:47.320 --> 00:59:49.920
<v Speaker 1>make sure that we were double checking, triple checking everything,

891
00:59:50.000 --> 00:59:55.599
<v Speaker 1>that we weren't missing something or misunderstanding or misrepresenting because

892
00:59:55.599 --> 00:59:58.519
<v Speaker 1>of this possibility that at any moment the rug might

893
00:59:58.719 --> 01:00:03.159
<v Speaker 1>get pulled from under our So, you know, when the

894
01:00:03.280 --> 01:00:06.199
<v Speaker 1>judge found at the close of our case that there

895
01:00:06.360 --> 01:00:12.360
<v Speaker 1>was you know, there were sufficient sufficient reason to go forward,

896
01:00:12.480 --> 01:00:16.760
<v Speaker 1>that was a That was a tremendous relief, But of

897
01:00:16.800 --> 01:00:19.960
<v Speaker 1>course it only meant that you were moving on to

898
01:00:20.079 --> 01:00:23.920
<v Speaker 1>another even more uncertain phase of the trial, which was

899
01:00:24.480 --> 01:00:28.159
<v Speaker 1>first would there be a defense and second what would

900
01:00:28.159 --> 01:00:31.840
<v Speaker 1>that defense consist of? We had no idea, And in fact,

901
01:00:32.000 --> 01:00:36.519
<v Speaker 1>mister Bellair, who was a very you know, zealous advocate,

902
01:00:36.559 --> 01:00:40.960
<v Speaker 1>as you know, he was his job to do, refused

903
01:00:41.000 --> 01:00:44.360
<v Speaker 1>to disclose the name of his medical expert until the

904
01:00:44.400 --> 01:00:49.360
<v Speaker 1>moment that person took the stand. Under criminal procedure law,

905
01:00:49.480 --> 01:00:51.719
<v Speaker 1>he should have turned over the name of the expert

906
01:00:51.880 --> 01:00:54.679
<v Speaker 1>with his discovery when he turned over the experts report.

907
01:00:54.719 --> 01:00:56.920
<v Speaker 1>He refused to do so and was in fact held

908
01:00:56.960 --> 01:01:02.679
<v Speaker 1>in contempt by the judge. So, you know, we didn't know,

909
01:01:03.920 --> 01:01:06.760
<v Speaker 1>We didn't know what would happen. Ultimately, mister Bellair did

910
01:01:06.760 --> 01:01:09.239
<v Speaker 1>decide to present a defense, and he called doctor Lee

911
01:01:09.320 --> 01:01:12.280
<v Speaker 1>to the stand and then, my goodness, I you know

912
01:01:12.840 --> 01:01:16.800
<v Speaker 1>the tension in the room. You could have you know,

913
01:01:16.880 --> 01:01:19.960
<v Speaker 1>you could have you could have grabbed it and you know,

914
01:01:20.119 --> 01:01:24.400
<v Speaker 1>twisted it. It was. We didn't know what he would say,

915
01:01:24.519 --> 01:01:29.079
<v Speaker 1>and every every sentence he uttered was a surprise. We

916
01:01:29.159 --> 01:01:36.880
<v Speaker 1>had been waiting years to understand. Why how how could

917
01:01:36.920 --> 01:01:43.000
<v Speaker 1>he have seen, you know, Tracy Howard, as her name

918
01:01:43.079 --> 01:01:45.599
<v Speaker 1>is in the book, come in. How could he have

919
01:01:45.679 --> 01:01:48.400
<v Speaker 1>heard her tell him about her father's suicide, heard her

920
01:01:48.440 --> 01:01:51.159
<v Speaker 1>tell him that she wanted to commit suicide with his pills,

921
01:01:51.519 --> 01:01:53.880
<v Speaker 1>and then let her walk out. And so to hear

922
01:01:53.960 --> 01:01:59.880
<v Speaker 1>him address each of those patients, you know, we hung

923
01:01:59.880 --> 01:02:04.760
<v Speaker 1>on every word and it was unfortunately, never there was

924
01:02:04.840 --> 01:02:08.159
<v Speaker 1>never a moment of relief or understanding because until the

925
01:02:08.320 --> 01:02:13.519
<v Speaker 1>very end, doctor Lee denied responsibility, claimed that he had

926
01:02:13.559 --> 01:02:15.880
<v Speaker 1>been acting in good faith, that he had been betrayed

927
01:02:15.880 --> 01:02:19.440
<v Speaker 1>by his patients. And I'm not sure if you're aware,

928
01:02:19.480 --> 01:02:22.320
<v Speaker 1>but we learned just a few weeks ago that he

929
01:02:22.440 --> 01:02:27.800
<v Speaker 1>died in April in prison of COVID, which you know,

930
01:02:28.159 --> 01:02:31.639
<v Speaker 1>was very upsetting because he was not sentenced to death.

931
01:02:33.440 --> 01:02:38.760
<v Speaker 1>Justice was not served by his you know, lonely and

932
01:02:38.840 --> 01:02:41.719
<v Speaker 1>isolated and what must have been a very frightening death.

933
01:02:44.280 --> 01:02:46.960
<v Speaker 1>And you know, we will never we will never know

934
01:02:47.039 --> 01:02:50.559
<v Speaker 1>the answers to many questions. And I, Margaret Rapholed and

935
01:02:50.719 --> 01:02:55.039
<v Speaker 1>others from the case, and I and Peter all agreed

936
01:02:55.079 --> 01:02:57.360
<v Speaker 1>that nobody deserves to die like that.

937
01:03:01.239 --> 01:03:05.679
<v Speaker 5>Tell us about the verdicts, and tell us about the sentencing.

938
01:03:08.079 --> 01:03:12.880
<v Speaker 1>So the grand jury indicted doctor Lee on two hundred

939
01:03:12.960 --> 01:03:19.159
<v Speaker 1>eighteen counts, of which two hundred eleven were taken to trial. Now,

940
01:03:19.239 --> 01:03:25.440
<v Speaker 1>those counts in the two manslaughter counts, so for Joseph Hagen,

941
01:03:25.519 --> 01:03:30.159
<v Speaker 1>Nicholas Rappols, three counts of reckless endangerment in the second

942
01:03:30.159 --> 01:03:36.119
<v Speaker 1>degree for Michael Cornetta and two other patients, And it

943
01:03:36.199 --> 01:03:40.119
<v Speaker 1>also included three counts of reckless endangerment in the first degree. Now,

944
01:03:40.840 --> 01:03:44.639
<v Speaker 1>everybody talks about the homicide counts and they are absolutely significant,

945
01:03:45.440 --> 01:03:48.760
<v Speaker 1>but I have to say that for me, the three

946
01:03:48.960 --> 01:03:52.480
<v Speaker 1>counts of reckless endangerment in the first degree were extremely

947
01:03:52.559 --> 01:03:58.079
<v Speaker 1>significant because the standard there is depraved indifference to human life.

948
01:03:58.559 --> 01:04:02.159
<v Speaker 1>Anybody who is familiar with New York State law, or

949
01:04:02.280 --> 01:04:05.280
<v Speaker 1>who has watched a few seminal episodes of law and

950
01:04:05.440 --> 01:04:10.760
<v Speaker 1>Order will know that depraved in difference is extremely hard

951
01:04:10.760 --> 01:04:18.880
<v Speaker 1>to prove. And the jury found sufficient evidence of depraved

952
01:04:18.920 --> 01:04:21.519
<v Speaker 1>indifference to human life in the case that we presented,

953
01:04:21.559 --> 01:04:26.800
<v Speaker 1>and that was a source of tremendous you know, validation,

954
01:04:27.000 --> 01:04:30.559
<v Speaker 1>I think for the families, uh, you know, to know

955
01:04:30.719 --> 01:04:35.519
<v Speaker 1>that their loved one had in fact deserve to be

956
01:04:35.639 --> 01:04:38.960
<v Speaker 1>treated and viewed as a human being, that their suffering

957
01:04:39.519 --> 01:04:43.559
<v Speaker 1>had called for a different treatment. So those three counts

958
01:04:43.559 --> 01:04:46.079
<v Speaker 1>were very significant, and they were upheld on appeal, which

959
01:04:46.119 --> 01:04:48.360
<v Speaker 1>was I think the you know, the biggest surprise of

960
01:04:48.400 --> 01:04:50.920
<v Speaker 1>all when the case went to the Court of appeals

961
01:04:51.159 --> 01:04:55.719
<v Speaker 1>and then there were for all of the for each

962
01:04:55.760 --> 01:04:58.960
<v Speaker 1>of the patients, the twenty patients, there were a series

963
01:04:59.000 --> 01:05:04.639
<v Speaker 1>of charges of criminal sale for prescription of a I'm

964
01:05:04.679 --> 01:05:08.199
<v Speaker 1>sorry criminal sale or prescription for controlled substance. So we

965
01:05:08.400 --> 01:05:13.519
<v Speaker 1>actually had presented evidence to the grand jury for every

966
01:05:13.559 --> 01:05:17.840
<v Speaker 1>prescription that we believed had been made not in good faith,

967
01:05:18.079 --> 01:05:21.880
<v Speaker 1>in exchange for cash, so not for a medical reason.

968
01:05:22.880 --> 01:05:25.159
<v Speaker 1>We asked the jury to indicte doctor Lee on that

969
01:05:25.280 --> 01:05:27.480
<v Speaker 1>charge and they did. And so you had this think

970
01:05:27.519 --> 01:05:29.599
<v Speaker 1>of it as sort of the foundation of the case,

971
01:05:29.679 --> 01:05:32.039
<v Speaker 1>where all of these charges and I believe there were

972
01:05:32.079 --> 01:05:36.440
<v Speaker 1>more than one hundred of them that you know, that

973
01:05:36.559 --> 01:05:38.840
<v Speaker 1>really formed the structure of the case. And then you

974
01:05:38.920 --> 01:05:41.960
<v Speaker 1>had sort of towers where on one side you would

975
01:05:42.000 --> 01:05:45.840
<v Speaker 1>build from those too reckless endangerment, another side you would

976
01:05:45.840 --> 01:05:52.119
<v Speaker 1>build homicide, and then surrounding it we had the financial crimes,

977
01:05:52.199 --> 01:05:56.239
<v Speaker 1>which included a scheme to defraud, so that captured all

978
01:05:56.280 --> 01:06:01.079
<v Speaker 1>of the insurance fraud conduct and the finance exploitation of

979
01:06:01.119 --> 01:06:06.360
<v Speaker 1>the Medicare patients. And it also included or was associated

980
01:06:06.440 --> 01:06:11.679
<v Speaker 1>with doctor Lee's falsification of records. So he was also

981
01:06:11.840 --> 01:06:15.719
<v Speaker 1>under investigation by the Professional Oversight Agency in New York,

982
01:06:15.840 --> 01:06:19.519
<v Speaker 1>but he had been submitting altered records to them, and

983
01:06:19.599 --> 01:06:25.039
<v Speaker 1>so we used that evidence to undermine his credibility as well,

984
01:06:25.199 --> 01:06:28.280
<v Speaker 1>and to show that you know, his denials of the

985
01:06:28.320 --> 01:06:33.639
<v Speaker 1>insurance fraud, you know that the jury should not credit those,

986
01:06:34.119 --> 01:06:38.079
<v Speaker 1>So those were sort of tied together in our minds.

987
01:06:39.360 --> 01:06:42.079
<v Speaker 1>All in all, he was convicted on one hundred and

988
01:06:42.119 --> 01:06:44.920
<v Speaker 1>ninety eight out of two hundred eleven counts.

989
01:06:46.000 --> 01:06:51.440
<v Speaker 5>Yes, it's also amazing that his own record keeping and

990
01:06:51.480 --> 01:06:57.760
<v Speaker 5>his own arrogant behavior believing he would that, ignoring warnings

991
01:06:58.199 --> 01:07:03.239
<v Speaker 5>from professionals, that he was really instrumental, especially with his

992
01:07:03.280 --> 01:07:12.239
<v Speaker 5>own testimony in his own conviction. Absolutely, absolutely, very satisfying.

993
01:07:14.199 --> 01:07:17.159
<v Speaker 5>In the end. Here, when you decided to write this book,

994
01:07:17.360 --> 01:07:22.639
<v Speaker 5>you talked about your partner in this, Peter Cogesian, and

995
01:07:23.719 --> 01:07:26.320
<v Speaker 5>him being in the hospital and this manuscript. Can you

996
01:07:26.360 --> 01:07:28.320
<v Speaker 5>just share that with us?

997
01:07:29.320 --> 01:07:35.000
<v Speaker 1>Yes, So Peter was diagnosed with ALS. With ALS a

998
01:07:35.039 --> 01:07:39.920
<v Speaker 1>few years after the trial, progressively lost his ability to speak,

999
01:07:41.440 --> 01:07:48.079
<v Speaker 1>to move, even to breathe independently, and he was hospitalized

1000
01:07:48.119 --> 01:07:55.000
<v Speaker 1>in Manhattan. I think the probably about two years ago.

1001
01:07:55.239 --> 01:07:59.239
<v Speaker 1>And so I was able then, and you know, at

1002
01:07:59.280 --> 01:08:01.599
<v Speaker 1>the time, I thought that this was something that I

1003
01:08:01.599 --> 01:08:05.760
<v Speaker 1>would be able to do for a much longer time

1004
01:08:05.800 --> 01:08:10.280
<v Speaker 1>to come. Who knew about COVID, of course, So when

1005
01:08:10.280 --> 01:08:12.960
<v Speaker 1>the manuscript was almost ready, I would go to the

1006
01:08:13.000 --> 01:08:17.720
<v Speaker 1>hospital and stay you know, anywhere from one to four

1007
01:08:17.760 --> 01:08:21.359
<v Speaker 1>hours and read the book to him. And it was,

1008
01:08:22.800 --> 01:08:25.079
<v Speaker 1>you know, it was terrifying in a way because I

1009
01:08:25.239 --> 01:08:28.720
<v Speaker 1>knew that I had to talk about I had the

1010
01:08:29.520 --> 01:08:31.960
<v Speaker 1>hope of writing a book that sort of lifted the

1011
01:08:32.000 --> 01:08:36.279
<v Speaker 1>curtain on what it's really like, how messy life really is.

1012
01:08:36.920 --> 01:08:40.039
<v Speaker 1>How do you build a team when none of you

1013
01:08:40.119 --> 01:08:43.720
<v Speaker 1>are perfect, and when you know, especially me, I'm I

1014
01:08:43.760 --> 01:08:47.520
<v Speaker 1>didn't really know how to work within a team. So

1015
01:08:47.560 --> 01:08:49.399
<v Speaker 1>how do you do all those things? So I wanted

1016
01:08:49.399 --> 01:08:51.000
<v Speaker 1>to tell the truth. And at the same time, my

1017
01:08:51.119 --> 01:08:54.399
<v Speaker 1>relationship with Peter had really evolved at the point where

1018
01:08:54.439 --> 01:08:58.079
<v Speaker 1>not only you know, had my respect for him grown tremendously,

1019
01:08:58.159 --> 01:09:02.079
<v Speaker 1>but we were friends. We were he you know, he

1020
01:09:02.279 --> 01:09:05.239
<v Speaker 1>was my mentor, he was my inspiration in a lot

1021
01:09:05.239 --> 01:09:09.119
<v Speaker 1>of ways. I still teased him about how messy he was,

1022
01:09:09.159 --> 01:09:12.279
<v Speaker 1>and there were things, you know, where we still wrangled

1023
01:09:12.279 --> 01:09:16.560
<v Speaker 1>each other, but we were friends, and the last thing

1024
01:09:16.600 --> 01:09:19.520
<v Speaker 1>I wanted to do was hurt my friend, especially because

1025
01:09:19.560 --> 01:09:23.760
<v Speaker 1>he was not in a position to respond with his

1026
01:09:24.079 --> 01:09:27.880
<v Speaker 1>quick wit the way that he would have before. So

1027
01:09:28.000 --> 01:09:30.600
<v Speaker 1>there was this, you know, this strange series of events

1028
01:09:30.640 --> 01:09:33.600
<v Speaker 1>where every time I went in knowing that I had

1029
01:09:34.279 --> 01:09:36.720
<v Speaker 1>pages to read that were about him, and I would

1030
01:09:36.720 --> 01:09:38.800
<v Speaker 1>be so nervous, and then you know, I would show

1031
01:09:38.880 --> 01:09:41.800
<v Speaker 1>up and one day his best friend was already there

1032
01:09:41.880 --> 01:09:43.560
<v Speaker 1>and asked me to read in front of him. The

1033
01:09:43.600 --> 01:09:48.239
<v Speaker 1>other day was his priest, you know, or his son.

1034
01:09:48.359 --> 01:09:50.279
<v Speaker 1>One day when I was about to read an especially

1035
01:09:50.279 --> 01:09:54.760
<v Speaker 1>difficult passage, and I told myself, you know, if I

1036
01:09:54.800 --> 01:09:57.039
<v Speaker 1>can't put in a book what I would not be

1037
01:09:57.159 --> 01:10:01.199
<v Speaker 1>willing to read too, obviously to Peter, but also to

1038
01:10:01.279 --> 01:10:05.000
<v Speaker 1>his priest. And at the same time, I wanted to

1039
01:10:05.000 --> 01:10:08.119
<v Speaker 1>tell the truth so that you know, I learned a

1040
01:10:08.159 --> 01:10:11.880
<v Speaker 1>lot about writing in the sense that I learned how

1041
01:10:11.920 --> 01:10:17.439
<v Speaker 1>to you know, how to edit so that you you know,

1042
01:10:17.479 --> 01:10:20.000
<v Speaker 1>you get to the point. And obviously I had tremendous

1043
01:10:20.319 --> 01:10:25.680
<v Speaker 1>help from my editor, Jessica DeLong and Juliet Heifitz, who

1044
01:10:25.920 --> 01:10:27.960
<v Speaker 1>who reread the book and helped me to find really

1045
01:10:28.000 --> 01:10:31.479
<v Speaker 1>the true words to sort of try to capture that,

1046
01:10:32.640 --> 01:10:35.279
<v Speaker 1>you know, that ambivalence that we have, and that the

1047
01:10:35.319 --> 01:10:38.760
<v Speaker 1>fact that a friendship can be many, many different things,

1048
01:10:39.640 --> 01:10:43.760
<v Speaker 1>and that each of us is you know, operates and

1049
01:10:43.800 --> 01:10:46.359
<v Speaker 1>in many ways that don't always make sense. Really trying

1050
01:10:46.359 --> 01:10:51.039
<v Speaker 1>to communicate the love and the affection and the respect

1051
01:10:51.920 --> 01:10:53.800
<v Speaker 1>that I had for every member of the team. So

1052
01:10:54.800 --> 01:11:01.159
<v Speaker 1>it was an unforgettable experience. Also because being in a

1053
01:11:01.239 --> 01:11:06.039
<v Speaker 1>room with Peter, who at the time was already paralyzed,

1054
01:11:06.199 --> 01:11:08.840
<v Speaker 1>unable to speak or breathe on his own, someone whom

1055
01:11:08.920 --> 01:11:14.119
<v Speaker 1>I had seen in court, you know, marshaling very complex evidence,

1056
01:11:14.319 --> 01:11:20.960
<v Speaker 1>managing very very difficult logistics, you know, responding on his

1057
01:11:21.479 --> 01:11:24.000
<v Speaker 1>feet at the drop of a hat to the most

1058
01:11:24.760 --> 01:11:29.800
<v Speaker 1>you know, complicated legal arguments. And to be in a

1059
01:11:29.880 --> 01:11:32.079
<v Speaker 1>room where really the only thing we could do is

1060
01:11:32.199 --> 01:11:37.560
<v Speaker 1>just sit there and keep each other company and you know,

1061
01:11:37.680 --> 01:11:40.520
<v Speaker 1>make him feel the presence of our friendship and that

1062
01:11:42.199 --> 01:11:47.000
<v Speaker 1>you know, I it's an working with him on the

1063
01:11:47.039 --> 01:11:50.039
<v Speaker 1>trial and subsequently being able to spend that time with

1064
01:11:50.159 --> 01:11:52.920
<v Speaker 1>him has had a tremendous impact on me.

1065
01:11:54.399 --> 01:11:58.159
<v Speaker 5>Yes, I want to congratulate you for you and Peter

1066
01:11:58.279 --> 01:12:02.640
<v Speaker 5>and your teams rereadible prosecution of doctor Lee. There's so

1067
01:12:02.720 --> 01:12:04.920
<v Speaker 5>much more to this book that we won't have time

1068
01:12:04.960 --> 01:12:08.439
<v Speaker 5>to go into, and you do an incredible job of

1069
01:12:09.279 --> 01:12:14.039
<v Speaker 5>showing the real personal impact that a doctor like this

1070
01:12:14.359 --> 01:12:20.239
<v Speaker 5>and the big Pharma has created in not only the US,

1071
01:12:20.279 --> 01:12:22.279
<v Speaker 5>but other countries as well. I want to thank you

1072
01:12:22.359 --> 01:12:24.760
<v Speaker 5>very much for coming on and talking about bad Medicine

1073
01:12:24.840 --> 01:12:28.479
<v Speaker 5>Catching New York's Deadliest Pill Pusher. Thank you so much,

1074
01:12:28.640 --> 01:12:32.319
<v Speaker 5>Charlotte Bismus. Is there a Facebook page or website that

1075
01:12:32.359 --> 01:12:34.720
<v Speaker 5>we might take a look at, and when does this

1076
01:12:34.800 --> 01:12:37.000
<v Speaker 5>book officially going to be released?

1077
01:12:38.399 --> 01:12:40.680
<v Speaker 1>Thank you very much for having me Dan first of all,

1078
01:12:40.680 --> 01:12:44.760
<v Speaker 1>and I apologize for the background noise of puppy and toddler.

1079
01:12:45.960 --> 01:12:50.239
<v Speaker 1>The book comes out on January nineteenth, and I would

1080
01:12:50.239 --> 01:12:52.720
<v Speaker 1>love your listeners to know that I'm donating a portion

1081
01:12:52.800 --> 01:12:56.840
<v Speaker 1>of my proceeds to set up which is a coalition

1082
01:12:57.079 --> 01:13:00.279
<v Speaker 1>of groups from around the country founded by parents who've

1083
01:13:00.279 --> 01:13:02.760
<v Speaker 1>lost their children to overdoses, and I'm working with them

1084
01:13:02.840 --> 01:13:07.680
<v Speaker 1>now and I hope to make donations as a result

1085
01:13:07.720 --> 01:13:10.319
<v Speaker 1>of the book. So I thank everybody for their support.

1086
01:13:10.800 --> 01:13:14.319
<v Speaker 1>And the book should be on sale online and in

1087
01:13:14.439 --> 01:13:17.640
<v Speaker 1>every you know, hopefully in your local bookstore that really

1088
01:13:18.039 --> 01:13:20.479
<v Speaker 1>needs our support, right.

1089
01:13:21.479 --> 01:13:25.039
<v Speaker 5>Thank you so much, Charlotte Bismuth. Bad Medicine Catching New

1090
01:13:25.119 --> 01:13:29.000
<v Speaker 5>York's Deadliest Pill Pusher. Thank you, good night, Thank you,
