Law & Order/Recap/S16/E16 Cost of Capital

Two guys walk along the street. One has bought lottery tickets, and the other teases him. Their conversation is interrupted when they find a dead body in a suit.

Detectives Fontana and Green arrive at the scene. An officer tells them a white SUV was seen idly nearby overnight, but no one saw the plate. The medical technician says that the victim was hit with a wine bottle, and was moved before being dumped. Green finds a wallet with a name (Derek Miller), a Tribeca address, and a wad of cash. Additional documents in his pockets include a card identifying him as an investment banker, and an ATM receipt showing a balance of over $300,000.

Rodgers reports that the man died between midnight and 2 AM, but was dumped less than 2 hours before he was found. The cause of death was drowning -- on his own vomit. He had coke and alcohol in his system; Rodgers theorizes that the hit on his head caused a seizure, which caused the drowning. Rodgers also found fine silk fibers inside his clothes; he was sleeping in a very nice bed. Since his underwear is inside out and his belt was missing loops, she theorizes that he had recently had sex and was dressed after death.

Derek's father claims to know nothing. He says that he and Derek didn't talk much -- Derek worked so much that he completely lost contact with his family. Green finds a pay stub for $300,000 signed 'S K'. The message on the pay stub reads "Our secret." Mr. Miller identifies the signer as his boss, Sophia Keener.

Keener says that the 'secret' was that Miller got a bigger bonus than everyone else. He got the bonus, she says, for his 'potential.'

""It's just our way of telling him to hang in there until he starts making real money."

"Three hundred thousand dollars isn't real money?""

- Sophia Keener and Ed Green

Kenner mentions that she makes $5,000,000. Green asks what the other bonuses were and if she was involved; she admits that she has a vote in assigning bonuses, and that the other members of the firm at Derek's level made up to $150,000 in bonuses. She doubts that anyone told about their bonuses, though. She claims no knowledge of where he was Friday night or his social circle. She advises them to talk to a coworker.

Mark Rhodes talks to the detectives about a wild party Derek participated in before he was murdered. He's casual about it, and Green criticizes his detachment.

""Guys on the street don't sleep.""

- Mark Rhodes

Rhodes describes their bar crawl, but refuses to talk about the cocaine found in Derek's system. He mentions that the lap dances were $100 and the vodka was four times that, but doesn't seem phased by the prices. They get onto the subject of bonuses, and Rhodes is disbelieving that Derek maxed out. He thinks he got the max bonus with $90,000. When Fontana mentions Derek's real bonuses, Rhodes says the number explains why a coworker named Lucas Brody had a fight with Derek at a bar the previous night. Brody hasn't been seen at work since that day.

At Brody's apartment, the super says that Brody arrived drunk on Sunday. He's reluctant to open the door, but Fontana persuades him.

""We're authorized.""

- Joe Fontana

The super opens the door to find the apartment a mess and Brody passed out on the couch. They drag him to the shower. When he's done, he says he didn't kill anyone. Fontana and Green argue that Brody killed Derek over the bonus, but Brody says that the bonus just helped him realize what a sham the company was. He says that he found out that Derek and Keener were seeing each other, and that the relationship explained Derek's huge bonus.

Van Buren asks if they trust Brody, and Green says that Brody's cell phone had him at multiple bars the past weekend, but nowhere near the dump site. Derek's cell phone had a lot of calls to Keener, but they work together so it's not proof of anything. Van Buren says they can't investigate without more evidence. Fontana arrives to exposit about the Keeners: Sophia is the daughter of Andrew Keener, who owns the company, and is separated from her husband Robert White. She filed a restraining order against him -- she threatened him with a knife. Neither of them have any priors or a white SUV.

The detectives go talk to White. He claims that he was just cutting an apple and she made the rest of it up. He says she or her attorney made up everything else. He didn't know Derek Miller. Katie, the daughter of Robert and Sophia, comes in, but White shoos her out. He says he wouldn't care if he learned about the affair, and won't talk about any other romantic partners. He says that he was at the country house with Katie all weekend.

The country house caretaker says that White and Katie were there, alone, all weekend. He sleeps over the garage, so he doubts anyone could have less without him hearing it. They all go the garage and see a nice truck; the caretaker says that Robert bought it the day before. His old car was the same model, but white. Green learns that the new car is registered to White's printing company.

The salesman tries to sell the detectives the car, but Fontana declines.

""All we want to do is borrow it."

"Borrow it?"

"Until the trial is over.""

- Joe Fonata, salesman, and Ed Green

White says he's innocent. Green says that they found Derek's blood and hair in the truck, but White says he doesn't know how that could have happened. He says that he was seeing someone; he snuck her into the house after Katie went to sleep. Fontana demands the name.

At Natalie Curran's apartment, she admits to the relationship. She says that she was with Robert in the house, but Green says that White's cell phone records indicate that he was in Manhatten at 4 AM that morning, calling her. They ask if she knows about Derek, and Curran insists that White would never hurt anyone. Curran says that Sophia called the house at 2 AM, and afterwards White said he had to go into Manhatten to see her. He returned after 6 and didn't explain the trip. When Green mentions the DNA found in Derek's car, Curran says she has something that might explain it.

At the precinct, Green reports Curran's evidence -- two days after Derek died, Sophia gave White $10,000,000 and sole custody, a major change from her previous position. Furthermore, since Derek died before 2 AM, White is ruled out as a suspect -- his EZ Pass confirms that he didn't get into Manhatten before 3:20. The cops theorizes that White helped dispose of Derek's body after Sophia killed him. Van Buren asks why Sophia would do that, and Fontana says that the company has a morality clause in their contracts. Sophia could have been fired for sleeping with Derek. They wonder if Derek was blackmailing Sophia. Van Buren asks for Sophia's alibi; Green says that Sophia claimed to be eating dinner with her father. Van Buren sends them to test that.

The detectives talk to Andrew Keener. He claims that she was there all night; before going to bed he set an alarm, so Sophia couldn't have left. Green asks about the call to the country home; it was from a pay phone by both Andrew and Sophia's houses. Andrew and Fontana bicker a little bit, and Green threatens Keener with a charge for providing a false alibi, and Keener lawyers up.

Outside, Green thinks Andrew was lying. Fontana lays out his theory: Sophia had Derek over for dinner, killed him, and called in White to help dispose of the body. They go to get a warrant.

The detectives search the house and find no blood or tissue, but there was a carpet that was recently replaced. They go to look for the old carpet. They locate a carpet-cleaner named Manny Trout. He recalls the carpet and a large stain that looked like grape juice, but has already cleaned the carpet. He admits that Sophia paid him $500 for a rush job. Fontana says they can try having the lab look at it, but it's probably hopeless.

""Robert don't know that.""

- Ed Green

In interrogation, Green lies about the carpet having a huge stain on it. White plays innocent until Green points out that an Accessory charge carries 20 years. He finally admits that Sophia called him. She said that she was in trouble and needed help, and that she'd killed someone. Derek had become paranoid due to his cocaine and suffered a heart attack. She refused to call an ambulance for fear of publicity, and she hit Derek with the wine bottle when he tried to call 911. White arrived, and admits that he took her offer of the money and custody.

""Man oh man. That's one Hell of a way to end a marriage.""

- Joe Fontana

Sophia Keener is arrested in Andrew's office. He threatens the detectives as they leave.

In court, Keener is represented by Vanessa Galiano. She pleads not guilty. Borgia wants remand, and Galiano says that there's no evidence of murder -- the seizure was cocaine induced. Borgia talks about the bludgeoning with the wine bottle, and brings up the motive. Galiano brings up the alibi, which Borgia challenges. Judge William Koehler sets bail at $5,000,000 and orders Sophia to give up her passport.

McCoy makes fun of the 'cocaine induced convulsion' story, but Branch says that Galiano will have an expert blame the seizure for all injuries on Derek's body. Borgia is similarly dismissive, citing White's confession, but Branch points out that spousal communication is privileged. McCoy says that privilege does not apply during crimes, but Branch says that the conversation took place after the crime had occurred. McCoy says that the new divorce agreement is evidence of a continuing conspiracy to hide the crime, a crime in itself. Branch doubts that Judge Valerie Shaw will agree, and points out that White won't have credibility since he made ten million dollars off of the deal. Kincaid gets the motion to exclude White, and also anyone else who may have overheard the conversation. Branch points out that, if the conversation were overheard, it would defeat the privilege. The lawyers figure out that Galiano is worried that Katie overheard something, and Branch says that Katie should be able to testify.

White protests to McCoy that he doesn't want Katie involved.

""You don't make that choice. We gave you a deal, and without full disclosure, it's in jeopardy.""

- Jack McCoy

White says that Katie's been different and vulnerable ever since being raped three years ago. He says he didn't call the police. Katie, he said, complained to Sophia about pain; their doctor found signs of sex. The doctor thought Katie might have been willing, but White disagreed. He admits that Katie heard Sophia confess.

In Shaw's chambers, Galiano claims that everything White and Katie learned about the crime came from privileged communication. McCoy points out that the law requires that anyone claiming such a privilege must take reasonable steps to ensure privacy, and by letting herself be overheard, Keener didn't.

""What more could she have done to ensure privacy than a 2 AM phone call?""

- Vanessa Galiano

They argue, and Shaw says that White can't testify, but Katie can. Outside, McCoy says that they need to interview Katie, and they can threaten Robert if he interferes.

Katie is reluctant to talk to Borgia. Borgia says that the interview could spur Sophia to be honest, which could reduce her sentence. Katie admits to overhearing the call, and Sophia confessing to murder. She implores Borgia not to make her testify.

McCoy wants to make her testify. Borgia is less eager. Branch says that Katie is shaky, but McCoy says it's all they have to bust Keener's alibi. Branch orders McCoy to offer Keener manslaughter 1, a ten year sentence. McCoy doesn't want to, but Branch thinks it's too likely that Keener will get acquitted if Katie flakes.

McCoy and Borgia talk to Keener and Galiano. Keener doubts that Katie will testify. Galiano wants manslaughter 2, probation. McCoy balks. Galiano urges Keener to take it.

""Consider the evidence. They lost Robert, they're bluffing about Katie, and my father's going to testify that I was at his apartment the night of the murder..."

"Sophia--"

"Be quiet. I won't be bullied into jail by second-rate lawyers threatening me with the testimony of a confused 14 year old girl.""

- Sophia Keener and Vanessa Galiano

Keener and Galiano say that McCoy will have to put Katie on the stand.

Borgia has Katie testify. Katie testifies about Keener's confession. Galiano cross-examines Katie, and asks if Katie sees a psychiatrist. Shaw overrules McCoy's objection, and Katie admits that she does. Galiano asks if she told her psychiatrist about feelings of resentment towards Sophia, but McCoy's objections are sustained. Galiano eventually leads Katie to admit that she told Keener that it was her fault that she and Robert divorced, and that she lied to her teachers about her mother, indicating that she lies to authority. She also brings up that Katie was seeing pornography on the library computers, and said that her mother told her to in order to learn about sexual education. Katie says she isn't lying now,

""Well, Katie. After all the daggers that you have thrown at this poor woman, why should anyone believe you?""

- Vanessa Galiano

White comforts Katie, and Katie is shocked that Sophia told Galiano all the bad things that she (Katie) had done. Borgia comforts Katie away from the men, and Katie says that Sophia knows who raped her. Katie says that it was Andrew Keener, her grandfather.

Branch wants a confirmation. Borgia shows him some files -- Andrew gave Sophia control of the company immediately after the rape charge. Sophia blackmailed Andrew over the rape of Katie. McCoy says that, with Katie's credibility shot, they need some other way to break the alibi. Borgia says that Sophia told Robert a story about any possible abuse being impossible to determine from a medical standpoint. Branch points out that the doctor's report will stand unless it can be discredited. Borgia leaves.

At Dr. Sheldon Saperstein's office, Saperstein is confrontational, but -- after a subpoena threat -- admits to finding signs of sexual abuse on Katie's body. Borgia says she thinks there were more than just signs.

""Are you challenging my examination, young lady?"

"I'm challenging your ethics, doctor.""

- Dr. Sheldon Saperstein and Alexandra Borgia

Saperstein says that Sophia asked him not to talk about the sexual abuse, and Borgia snaps that he knows that doesn't matter. Saperstein claims he's innocent of everything. He tries to throw Borgia out, but she takes out warrants to seize all of Saperstein's files.

Andrew testifies that Sophia was with him all night. McCoy asks what Andrew thought about Sophia. Andrew dances around McCoy's questions, but eventually admits to promoting Sophia to run the company about three years prior. McCoy brings up that this was right after Katie spent some time with Andrew; Andrew claims not to remember. McCoy eventually just asks if Andrew raped Katie and keeps going even after Galiano objects and Shaw tells him to stop. He asks if the alibi was paid for in money, or if it was a blackmail threat. Shaw orders them into chambers.

Galiano wants a mistrial. McCoy says that the allegations are both true and relevant, going to credibility. Shaw wants evidence. Borgia reports that, in Saperstein's office, they found a report that Keener was treated by him in 1982, and there was evidence she was raped. A DNA test from one of Saperstein's swabs confirmed that Andrew raped Sophia.

""I'm allowing every bit of this depravity into evidence...""

- Judge Valerie Shaw

Shaw leaves for a moment. Galiano begs for the deal back, and Keener first offers to testify against Andrew, then threatens to testify for him. McCoy refuses. Keener refuses to admit that she did anything wrong. Back in court, Keener is convicted of murder.

In McCoy's office, Borgia says that Andrew's lawyer wants a deal to spare Katie the pain of testifying.

""I hope you told him what to do with that."

"I did."

"Good. No more deals.""

- Jack McCoy and Alexandra Borgia