All language subtitles for Law and Order S02E05 God Bless the Child.DVDRip.NonHI.en.UNVSL

Narrator: In the criminal justice
system, the people are represented

by two separate yet
equally important groups...

The police who
investigate crime,

and the district attorneys
who prosecute the offenders.

These are their stories.

Please, missus, call the doctor.

Cora, her temperature is down.

- She's not getting better.
- Waking her won't help.

A doctor, an ambulance, 911...

You have to do something.
You're being crazy.

I want you to get your things.
My husband will send you a check.

Help! Police!

Help!

Help! Help!

Please! Stop!

Officer: What do
you want, honey?

- Mrs. Driscoll?
- Yes.

I'm Officer Barton,
this is Officer Giordano.

Your housekeeper says
you may have an emergency.

Mrs. Amado tends to overreact.

Do you mind? Could we come in
and take a peek at your daughter?

That really isn't necessary.

We'll just be in and
out. Excuse me, ma'am.

She's been a little feverish.

Lady, this kid can't breathe!

- Giordano: 27 Charlie to Central K.
- Dispatch: Go ahead, Charlie.

Did you call it in?

Policy is firm. Only the chief resident...
me... can call the cops on parents.

Listen, is this kid
going to make it?

Strep, fever 105-plus. What kind of parent
doesn't know that's life-threatening?

On the record, the hospital's gonna
make a formal child abuse complaint?

Yes. Neglect.

You can't do this. I want
to take my daughter home.

Mrs. Driscoll, this is
Dr. Fisher, the chief

resident. She won't
authorize a trache.

And if I don't sign an
authorization you can't treat her.

This is Sergeant Cerreta
and Detective Logan.

More policemen? You're
not leaving us any choice.

You seem like a
reasonable woman.

You want to tell us
what the problem is?

Your husband here
tonight, ma'am?

No, he's in Boston on business.

You understand, if the
hospital files a formal complaint,

you could find yourself in jail.

You can't force me
to let you operate.

Are you serious? These people
are trying to save your daughter's life.

Right now I am more
concerned about her soul.

Mrs. Driscoll, let
us help Dinah...

You can't help her. We don't
believe in modern medicine.

- You don't believe in it?
- Our religion forbids it.

Nurse on P.A.: Code Blue. ER
Pediatrics. Code Blue. ER Pediatrics.

Dr. Fisher: Excuse
me, miss, step back.

Let's get her in
treatment... 1.8 milliliter FD.

We need a 1/1,000
solution I.V. push, now.

Nurse: Failure.

Dr. Baumann: Let's get a central
line in here. Who's the pharmacist?

- Nurse: Now! Now!
- Baumann: Let's go with
18 watts per second.

- Nurse: Level off.
- Dr. Fisher: Take the mask off.

Clear.

Still no pulse.

Clear.

She wasn't that sick!

She wasn't that sick.

So? You want to send
it to Social Services?

It's your call.

The most we can get her for is
endangering the welfare of a child.

No, no... what we get
her for is manslaughter.

Whoa, Mike. Slow down.
We don't get her for anything,

you don't prove she knew
the kid was seriously ill.

The housekeeper...
What's her name? Amado.

She damn well knew the kid
was sick enough to get two cops.

That'll put the
parents away for sure.

She was fired.
She'll say anything.

Getting fired, you think that's
a reason to lie about the kid?

- Do you believe this?
- Hey, what I think,

what you think, what he
thinks don't mean diddly-squat,

because in court she's
not a credible witness.

"Credible"? The kid died!

Well, well, what's
this? Honeymoon over?

When you finish
debating her state of mind,

why don't you go ask her?

And see what you can
find out about this religion...

"Church of All Saints."

Beautiful child.

Cerreta: You worked for the
Driscolls, what, three months?

Mm-hmm. They loved that child.

It was an aura. It
radiated from them.

You never saw people
who loved a child so much.

- When did she get sick?
- Mrs. Amado: Monday morning.

When I came in, she
already had a fever.

Mrs. Driscoll, she
wasn't worried.

She said she was
praying for her.

But you were worried?

My kids, they get sick,
I pray for their souls.

Their bodies, I get a
doctor... Oberon Guzman.

I called him and told him
the fever keeps going up.

Did you tell Mrs. Driscoll that?

And she told me
that sometimes kids

just had to get sicker before
the Lord heard their prayers.

You want me to
visit a sick child

when the parent won't call?

Logan: When the
child's dying? Yes, I do.

My malpractice insurance
is already 20 times my rent.

I do not go to any child
against their parents' wishes.

Did Mrs. Amado describe
the girl's symptoms?

Sore throat, high
fever, trouble breathing.

A second-year medical
student could have made

an educated guess
it was strep throat.

Do you consider that major?

Untreated?

It could lead to rheumatic
fever, heart disease, death.

So, a parent
refusing treatment...

Would have to be
stupid, blind, or negligent.

Or very religious.

Our sect is descended
from the Swiss Brethren,

like the Amish
or the Hutterites.

Except that you
don't use doctors.

We've been around for 300 years,

long before modern medicine.

Hold on. You use
electricity, central heating.

You were around
long before them, too.

Detective, do I
really have to defend

my religious
beliefs to the police?

Are you arresting Ted and Nancy?

Have they been in
your church long?

Many years.

They were members when we
were out in Hanover, New Jersey.

They're devout people.

The loss of their
daughter was terrible.

But it is God's will.

Most of us don't mind a
little help from antibiotics.

But some of us do.

Did the Driscolls talk to
you while Dinah was sick?

Ted and Nancy never
believed that their daughter

was sick enough to die.

All you have to do is
talk to them to know that.

Fanatics.

It's not that simple. These
people aren't "Moonies."

You go to confession? You take communion?
They believe as strongly as you do.

That's crap! How can you
compare these wackos to...

"Wackos"?

A lot of non-Catholics believe
it's "wacko" for priests not to marry.

A lot of non-fundamentalists believe
it's "wacko" to take the Bible literally.

To the Driscolls, losing this kid's
soul is worse than losing her life.

Except we're investigating the
death of a little girl, not a soul.

The church doesn't
make exceptions.

The rules are God's, not ours.

We don't pollute our
bodies. We don't smoke,

we don't use medicine
and we don't use doctors.

So if you're having a heart
attack, you don't call an ambulance?

Is that so difficult
for you to accept?

Excuse me, Mrs.
Driscoll, we have to ask.

Did you consider
calling a doctor?

I should have prayed harder.

Maybe it's our fault.

It's faith. That's
what religion is.

You call that religion?
Neglecting a dying child?

Now, you see, I call
that irresponsible.

Mike...?

Sorry.

We're used to it. Is that all?

There's just one thing.

You were gone
Wednesday and Thursday?

I had no choice.

Look, we talked three
or four times a day.

Dinah's fever was down,
Nancy thought she was better.

Our prayers were working.

At any time, over
the five or six days,

did you get any help for Dinah?

Of course we did.

Sharon Barlow, she's a
church medical practitioner.

Cerreta: Do you have
any medical training...

Any chemistry, biology,
first-aid, anything?

Church training.
Spiritual healing.

Mm-hmm. So, then you're
what, a kind of nurse?

You think I don't know what's
going on here, Detective?

Your job is to
prosecute our church.

If you believed what we
believe, you'd understand.

We are trying to find
out what you believe.

Help us out.

We treat the sick with prayer.

We tried everything
to lower her fever.

We prayed, cold baths,

we fed her, we
used rubbing alcohol.

When we ran out, we
called the drugstore for more.

- Drugstore?
- Which one?

I think I have the receipt.

Tax deduction, huh?

What'd those people do?

It was rubbing alcohol,
man, not speed.

Hey, look, you
remember them or what?

Oh, yeah. Guy opens
the door, he's holding a kid.

Two ladies... they're
picking at each other.

All right, so what
did they look like?

This old lady, she's
telling the mom,

"Pray harder, the
kid will get better,

believe in God,"
that kind of stuff.

Start again.
Praying or fighting?

Fighting, man. Fighting.

Father tells them
to keep it down,

gives the kid to the old
lady, and he pays me.

- But you kept listening?
- I couldn't help it.

The elevator was busted
so I had to take the stairs.

Now, the apartment
door is still open.

Then, the woman, the
young one, she jets by me.

Man: 87 apartments.

You think I see everybody
who comes and goes?

How long you been on
this door, Mike? 31 years.

You know what time every man,
woman and child in here pees.

Thursday, 10:00, Mrs. Driscoll.

She ran by crying,
face all puffy.

Look, their kid's dead.
They don't need more trouble.

Did you see which way she went?

Coffee shop on the corner.

Five foot six? Brunette?

Which one of the four
million you have in mind?

She might've been crying.
The food here, no wonder.

Elaine! Tuesday night, 10:00,

you see a brunette
in here crying?

- What'd she do?
- Did you wait on her?

I tried to get her to eat
something to stop crying.

No sale. Only coffee...

Three cups. Spiked with bourbon.

Freedom of religion? That gives
you the right to commit homicide?

The penal law allows a
single affirmative defense

to endangering the
welfare of a child...

- spiritual healing
by an organized religion.
- That's in the law?

In '73, Congress
passed a child abuse bill.

$85 million to the states.

ATW regulations said any state

without a spiritual healing
exemption didn't get money.

This is unbelievable.
In New York?

And 43 other states.

But the law says, "endangering."
These people let the kid die.

To convict on manslaughter?
Couple of steps... first, convince the jury

not to apply the spiritual
healing defense to homicide.

Convince them? Hell, the
judge will just tell them not to.

You know juries. They'll do
whatever they think is right.

Next, prove the parents didn't
believe prayer would work.

Forget that. No matter
what we think of their religion,

it's obvious they believed
in it and they believed

their kid wasn't
sick enough to die.

If we could prove it, then we
could prove the manslaughter.

Show they recklessly
caused the death.

Great. So we gotta show
they didn't believe in prayer

and they knew the kid could die?

Looks like Mom believed in
bourbon more than she did prayer.

I thought they didn't drink?

People like this, they start
wondering if prayer's gonna do the trick.

What happens? I'll bet
you they're not the only ones

ever called God and got
his answering machine.

If she was upset enough to
break church law on drinking,

maybe she had doubts
about spiritual healing.

How are we going to prove
that? Subpoena her mind?

Maybe she talked to some
of the other church members.

Logan: So maybe we
do get a subpoena...

for the church membership list.

"Your Honor, forget the First
Amendment, we want a subpoena."

I wouldn't bet the
ranch on that one.

You don't get some
information on these people...

How religious they are,
what goes on in that church...

You don't have a case.

What did that minister say? They
had all been out in New Jersey?

Hanover. Let's go
check out that town.

If they had any doubts about
prayer working, they're guilty.

Yeah, I know. I know. It's nice and
easy for you and Robinette and Cragen.

What the hell does that
mean? You don't have kids.

Look, the adult world is
divided into two groups...

The ones who have kids
and the ones who don't.

You can't understand
what a parent feels.

And I will guarantee you
one thing, they loved that kid.

And if...?

And if they had any doubts about
prayer working and we can prove it,

I'll be the first guy
out with my cuffs.

Personally? I don't trust
a man who never drinks.

But these All Saints people...

Must have been 40, 50 of
them... They were good neighbors.

They all moved out, right?

Everyone knew they
weren't gonna stay.

When they came, they didn't
buy houses, they only rented.

They used an old
farmhouse as a church.

Work, commuting. The
city, Newark, Princeton.

It tells you they're not
gonna put down roots.

Listen, Driscoll... husband
and wife. Ring any bells?

Nah, but I'm brain
dead. Boredom.

Chief, you got a
newspaper in this town?

Yeah, "Hanover Union." The county
weekly. It's right down the street.

City cops? It'll
make their month.

"Mabel Gardner, 96, found
dead in her living room."

Body wasn't discovered
for three days.

The milkman did it.

Makes you want
to move, doesn't it?

Anymore of this, and
I'm gonna be brain dead.

"Baby died at home."

Daniel Driscoll. Six
years ago. Two years old.

The Driscolls
wanted a headstone.

We have a park-type cemetery...
Plaques level with the grass.

It's a neater look,
easier maintenance.

It says here the
boy died of influenza.

Anybody do an autopsy?

Nobody thought
anything was wrong.

Mm-hmm. "Died at home."

Says the boy is also
"survived by an aunt"...

Eleanor Harding. She owns
the stationery store in town.

I thought everybody from
the church moved into the city.

Everybody except Eleanor.

"Never showing doubt,
never showing fear.

God's will is supreme."

And if you don't believe
that, you're a sinner.

Another life, it's behind me.

But there must be reasons why
you didn't move with your brother?

Okay, I'll give you one.

Seven, eight years ago, I
flew with Ted and Nancy

up to Albany for
a church meeting.

We hit a thunderstorm,
got struck by lightning.

The plane dropped
10,000 feet. I was terrified.

I thought we were
all dead and Ted says,

"We're all in God's hands."

And that made you stay here?

Between you and me, I
trusted the pilot over God.

When Daniel died,
I joined a group.

We lobbied to have the
spiritual healing laws repealed.

Doesn't make for family picnics.

Did you know Dinah was sick?

I called Nancy... I pleaded
with her to go to a doctor.

You didn't call your brother?

When that plane was vibrating,

Nancy was scared witless, too.

Are you suggesting
we neglected Daniel?

Having two children
die, it's a terrible tragedy.

It's also terribly long odds.

Odds? God doesn't gamble.

What about this fight
you and your wife had?

Our religion asks for spiritual
progress, not perfection.

Would you mind telling
us what it was about?

Did your wife want medical help?

Whatever my wife wanted,
I don't have to tell you.

That's the law.

The law also says parents are
responsible for their children's welfare.

I've got five.

I couldn't sit by and
watch one of them die.

You have anything
more you want to ask me,

get a subpoena.

Ted and I had a
mild disagreement.

Logan: About Dinah?

Do you have children?

A sick child can
make you anxious.

Anxious enough
to take three drinks?

I thought your church
didn't allow drinking.

I'm fallible.

God isn't.

Did you want to call a doctor?

Did your husband
stop you from that?

Hello.

Yes, they're here.

I will.

I'll see you later.

My husband says that if
you have any more questions,

he wants you to call the
Reverend Henry Morley.

Spiritual advice?

No, legal.

He'll give you the
name of our lawyer.

Go to the D.A.?

With what? We've
still got nothing.

She had a couple of drinks.
Her sister-in-law thought

she had enough
doubts to pressure her.

Drinks? The sister-in-law thinking
she might have had doubts?

That's gonna convince a jury?
Suppose she called a doctor?

Suppose she did.

There can't be more
than 4 or 5,000 in the city.

What do you think, we start
with "A" and go forwards,

or "Z" and work backwards?

These people don't have doctors.

Who would they
even know to call?

How about 911?

Computer printouts of every call

they promised two years ago.
And last year, and this year.

- And now they promise next year.
- We'll listen to the tapes.

What's the matter, you fellas can't
read? Check your logs at the precinct.

There's nothing in the logs.

2,000 calls a night.

At least they're short.

"Grandma fell down
a flight of stairs."

"Daddy's beating up Mommy."

Car accident.

Boiler explosion.

Want to move to a
small town in Jersey?

They got a nice
police chief there.

Nancy Driscoll?

Ted.

Robinette: What about
a jury's common sense?

We can't indict him and not her.

The mother may
be morally guilty,

but legally she's got a good
case. She seemed to trust in God.

Paul, I'm not St. Augustine. I
can't make arguments to a jury

about the number of
angels on the head of a pin.

But the moral issue is in
the law. She keeps her faith,

doesn't call a doctor... Under
the law she looks innocent.

Maybe she didn't keep her faith.
She ran from the apartment, she drank.

Maybe her crisis of faith drove
the husband into one of his own.

If he'd finished the 911
call, the girl might be alive.

Would be. Strep is
extremely treatable.

It won't be easy getting a
conviction on either one of them.

Adam: Rabbis,
priests, ministers...

I'm debating theology with
half the clergy in the city.

Tell them the case
isn't about theology.

Tell them it isn't
about politics either.

- Driscolls seem
like decent people.
- I sympathize with them.

Because they're decent, it looks
like we're putting religion on trial.

The spiritual healing law
shouldn't even be on the books.

Oh, that's beautiful. Suddenly
we find ourselves in Utopia.

Politics is part of
the law, my friend.

You need reminding,
spend a day in Albany.

Does this mean we
don't want to indict?

You think we have
a choice? Do you?

The mother drinking, a
case of impaired judgment,

the father, he started
to make the call.

If we walk away from it now,

it looks like we never should
have investigated in the first place.

Let's go with manslaughter two

and endangering
the welfare of a child.

But with a lesser charge, we'll
never convict on manslaughter.

What's better?
Half a win or none?

But the logic doesn't play.

If they endangered the
child enough for her to die,

they're guilty of manslaughter.
Illinois, Massachusetts, Florida...

There isn't a DA that hasn't
reached the same conclusion.

Leave both charges
and do us all a favor...

take a plea.

Man two, lifetime
probation, no jail time.

Bailiff: Indictment
number 6432...

The People versus Theodore
Driscoll and Nancy Driscoll.

The charges are manslaughter
in the second degree

and endangering
the welfare of a child.

Judge: Are the
defendants ready to plead?

Not guilty.

I'll let you know right
up front, Mr. Robinette,

I don't see a big
bail number here.

One of the charges
is manslaughter.

Yes, I know the
seriousness of the crime.

But I'm looking at the
other factors. Mr. Carpenter?

We ask the defendants' release
on their own recognizance.

Counselor, you know
I can't do that either.

Bail is set for each
defendant at 25,000.

The tenets of their church
vis-à-vis doctors are well known.

The Driscolls have
been members for years.

Then why did your
client phone 911?

One moment of weakness.

You're a Catholic,
do you ever sin?

That's sophistry, Lucius. I'm not
here as a Catholic. I'm here as a lawyer.

You're prosecuting Ted
Driscoll for making a phone call.

I'm prosecuting
Mr. and Mrs. Driscoll

for recklessly causing
the death of their child

after he violated his
church's teaching.

A child who was
born into their faith.

They want to martyr
themselves to religion, fine,

but they don't have a
right to martyr their child.

Convicting them of manslaughter
won't bring Dinah back.

I want sick children to have
a chance at medical care.

I'd expect this
kind of prosecution

in Arizona, California...

Not in the most tolerant
state in the country.

Well, I wouldn't try that tolerance
argument in court if I were you.

Just once, for a lark, could you
bring me in on an easy case?

I don't need a psychiatrist
for the easy ones, Susan.

You know what kind of jury we
want? 12 people with children...

Preferably all of
whom have strep throat.

Carpenter's shrink...
Seymour Golden.

- Who's Seymour Golden?
- He gets 2,000 a day.

Compared to him, I'm a bargain.

Stone: Have you read about this
case in the papers, Mr. Madison?

- Didn't see it.
- Heard about it
on television?

Like I say, I didn't follow it.

Do you have any
strong religious beliefs?

I'm a Baptist. I believe in God.

Thank you.

A Baptist.

You think he'll sympathize
with fundamentalists?

He worries me. Makes me nervous.

I think he knows the difference
between church and state.

Keep him.

Guys, trust me.

No challenge.

I have two girls, six and 10.

Do you believe parents
have the right to care

for children according
to their own customs?

I do.

Knowing what you
do about this case,

do you think you
can be impartial?

I love my children so much,

I can't imagine
parents who don't.

In fact, I'm pregnant with
our third child right now.

Thank you.

She practically announced
she identifies with Mrs. Driscoll.

I know, but I don't think
she's gonna like them

watching that little
girl's fever go up.

Pregnant mother... she'll carry
a lot of weight in the jury room.

My research shows
that she is gonna go

with the child and
not the mother.

- No challenge.
- No challenge.

I think the government ought
to keep its nose out of my life.

Mr. Nicholas, if it were
contrary to your own beliefs,

would you be able to accept
the judge's instruction on the law?

I understand the difference
between my point of view and the law.

I'll do what's right.

Thank you.

He's got four kids.

He hates authority.
It's bad for us.

Peremptory
challenge, Your Honor.

Four kids? What's
your problem with him?

It's a peremptory, Lucius.
I don't need a reason.

The tragedy of this case

is the death of Dinah
Driscoll, five years old.

A greater tragedy is that her
death could have been prevented.

The State will prove
that Dinah Driscoll

was ill and in need
of medical care.

We will also prove
that the defendants

denied her that care

and knew its absence
would lead to her death.

During this trial you will hear
a great deal about religion.

Nobody's religious
beliefs are on trial.

What is on trial here is
Dinah Driscoll's death.

Did the defendants
violate their parental duty?

Did they recklessly lead
Dinah Driscoll to her death?

Dr. Stanback,
please tell the court

your profession
and current position.

By training, I'm an oncologist.

That's a cancer specialist.

And I'm the chairman of the New
York Council on Medical Ethics.

Have you written works
on the history of medicine?

Yes. I'm the author of
two books on this subject;

"The Healer's Craft"
and "Life Before Death."

Please tell the Court

about the place of spiritual
healing in the history of medicine.

Prior to the 20th century,

people were often desperate
for any relief from pain

and for thousands of years,
naturally, people prayed.

In your expert opinion,
does prayer cure disease?

Objection. He's not
an expert on prayer.

But he is an expert on disease.

Overruled. The
witness may answer.

A virus can't hear a prayer

any more than viruses
respond to leeches.

For thousands of years,
bacteria and viruses killed people.

Then we developed
sulfa drugs and antibiotics,

and people lived.

Stone: Thank you.

I'd say she had to be
infected for at least a week.

What did you tell the
defendant Nancy Driscoll?

I said if we didn't
clear Dinah's lungs

and get her temperature
down, she would die.

And how did Mrs.
Driscoll respond?

She refused permission
for us to treat her child.

Thank you.

Dr. Baumann, how long have
you been practicing medicine?

Three years.

Have you seen
many strep infections?

Emergency room, you
don't see them very often.

- Most people...
- So you're not an expert
in strep?

- Please, I'm a doctor.
- Really?

Are you a doctor who can swear
Dinah had been infected for a week?

In medicine, nothing is
certain, but I know exactly...

Thank you. No further questions.

What did Mrs. Driscoll say when
you suggested she get a doctor?

She told me Dinah
was "in God's hands."

Tell the Court why you
left the Church of All Saints.

Objection. Relevance.

Your Honor, her experience with
the church's doctrine is relevant.

Overruled. I'll allow it.
The witness may answer.

I left the church because
I'd seen children die.

Thank you. No more questions.

You were raised in the
Church of All Saints, correct?

Yes.

And before you left the church,

did you believe
in its doctrines?

Isn't it true that four years
before you left the church,

you became ill
and took antibiotics

because you believed
they would save your life?

Yes, that's true. Prayer
clearly wasn't working.

So the real reason you left

is because you didn't accept
the church's doctrines for yourself.

Isn't that right?

Carpenter: No further questions.

It's a winnable case.

Yeah, listen,
Carpenter's ready to deal.

Take a plea while you can.

Only if they agree never to participate
in spiritual healing of a kid again.

Does it matter? They
don't have any children.

I don't care, Adam.
I don't want them

convincing other parents
to let their children die.

All right, but don't
push it. Forget man two.

Settle for endangering.

You're asking them to
turn against their church.

We're offering a plea where
they walk away from manslaughter.

At the expense of
their religious beliefs.

Endangering the
welfare of a child.

However, in this plea bargain
you agree never to participate

in the spiritual healing
of another child.

You can imprison my
body, but not my soul.

You know, when I was
growing up, my parents told me

about the separation
of church and state.

How proud they
were of their country.

Do you live in the same
country I do, Mr. Stone?

Please, reconsider.

They've made their decision.

And I've made up my
mind. I'll see you in court.

I heal with prayer.

- It didn't heal Dinah.
- Her fever went down.

And she died. Did you
ever go to a doctor?

- No.
- Yet you wear glasses.

I saw an optometrist.

Eyeglasses aren't cures for
disease, they're aids to living.

So you believe that poor
eyesight isn't a part of God's will,

but letting a five-year-old die

from something that
can be cured like that is?

I move for a mistrial. This
questioning on religion is impermissible.

Approach.

Your Honor, we're
within the limits.

Maybe.

I want this thing
settled quickly.

You'll have motions in my
chambers tomorrow morning at 10:00,

and we'll discuss them at 1:00.

And hold down
the verbiage, okay?

You give me a hundred
pages, I'll be very upset.

Court's adjourned.

Did I misread this? If you
did, I misread it the same way.

"U.S. v. Ballard." The
Supreme Court says

the truth of their religious beliefs
should not be submitted to the jury.

I didn't ask Sharon Barlow
whether her beliefs were true... did I?

No, but you did disparage
them with your attitude.

My attitude's not
in the transcript.

Adam: Gentlemen.

You in the clear?

Carpenter's scared. He
knows where your case ends.

If we ever get there.

If we do, we're
gonna lose on Nancy.

It could go the other way.

The father, they
may feel sorry for.

And the mother, religion or not,

she told the doctors
not to operate...

And she had those drinks.

By the way, Judge Kurland
thinks he's William O. Douglas.

Make your motion simple,
or he'll never understand it.

It's a fine line, Mr. Carpenter.

And Mr. Stone crossed it.

The spiritual healing defense

does not give you the
right to dissect her beliefs.

Judge: That's an interesting
approach, Counselor.

You want your clients
acquitted on the basis

of their belief in
spiritual healing,

but you don't want that
healing discussed in court?

He can ask whether she
believes in God's power,

he cannot imply
her beliefs are stupid.

Your clients aren't
on trial for their

beliefs, they're on
trial for their actions.

Their beliefs are action.

Oh, Counselor...

I'm afraid that's
nonsense and you know it.

No, the law allows testimony
on the relevance of faith.

The jury hasn't been asked
to judge the truth of that faith.

Motion for mistrial denied.
We'll resume at 2:00.

On that night, the night
before their daughter died,

did the Driscolls argue
about treating her?

Nancy said that God had
"taken one child from her,"

she didn't think she could
bear it if He took another.

And how did
Mr. Driscoll respond?

I'm not sure. They asked
me to leave Dinah's room.

She... Mrs.
Driscoll... Was upset.

After a few minutes, she
came out and he followed her.

- And then what happened?
- They were shouting.

Then the drugstore delivery
arrived. Nancy left the apartment.

Did Mr. Driscoll return
to the child's room?

Not right away. He
went into the kitchen.

- How long was he gone?
- I don't remember.

We offer into evidence
People's Exhibit number 14,

an emergency medical
services tape recording

on the Tuesday
night in question.

And also an affidavit swearing

that that is a copy
of the EMS master.

And we request
permission to play the tape.

- Judge: Granted.
- Thank you.

Recording: - Yes. Hello?
- 911 emergency.

- It's my daughter.
- What's wrong with her?

- She... please!
- What's the problem?

- She's terribly sick.
- Sir, hello?

- She's burning up with fever.
- Is it going down?

- No, it's not going down!
- All right, this is what I need
you to do.

- Nancy: You don't want this.
- Sir, you've got to stay
on the line.

Sir, are you there?

Do you recognize
the voice on that tape?

It sounds like Ted Driscoll.

Thank you.

Ms. Barlow, there
are background voices

and a great deal of
static on that tape,

are you certain that's
Ted Driscoll's voice?

No. As I said, it
sounds like Ted's voice.

If Mrs. Driscoll was there
when he called 911...

Makes your case stronger for both
of them. Two parents, joint decision.

The housekeeper, Paul, she
hasn't been in court, has she?

And not talking to reporters.

Go see her tonight.

My friends...

they want me to make
trouble for the Driscolls.

Was Mrs. Driscoll there when
Mr. Driscoll made the call?

I don't hate them.

There's something you
haven't told us, isn't there?

They have so much pain already.

It was Dinah. She
wanted a doctor.

The child asked for a doctor?

That night, when the
other lady was there,

I was in Dinah's room.

Dinah says she
feels "so very sick."

Her friend Susie's mom "gets
her a doctor when she's sick,

why can't I get a doctor?"

Mrs. Driscoll told her, "We
don't believe in doctors."

She's a tainted witness.

It is grossly prejudicial,
not to mention it's hearsay.

Two exceptions, Your Honor.

If he says, "Dying declaration
by the victim of a homicide..."

Calm down, Counselor.
He hasn't said anything yet.

Opinion testimony by a lay witness
on the emotional state of Dinah Driscoll.

"Emotional state"? You want
her to testify to what the child said.

Anyway, that's no
exception to hearsay.

Effect of a verbal act on the parents...
statement not offered for its truth.

You do want the jury
to believe it's the truth?

No shouting in my chamber.

I don't like it, Ben. The
child obviously can't testify.

Let's face it, it is prejudicial.
The witness is not trustworthy.

Not in my courtroom. Sorry.

Would've helped
to have gotten it in.

It could've gone both ways.

He said they didn't believe in
doctors. But they both made the call.

I don't know. I think the possibility
of conviction's on life support.

In the history of your church,

have the attitudes toward
spiritual healing ever changed?

We take Biblical
injunctions literally.

Have you witnessed successful
examples of spiritual healing?

- They're all successful.
- Even if someone dies?

Someone lives, someone dies.

It is all God's will.

The soul is eternal.

Thank you, sir. No
further questions.

Reverend Morley, does
your church's doctrine

ever allow a
doctor to be called?

Only in certain
extreme situations.

And Dinah Driscoll's
situation was not extreme?

If a mother's life is
threatened in childbirth,

midwives or doctors
may be called.

And no other situation?

No.

So if I understand
you correctly,

when a mother's life is in
danger, a doctor can be called,

but if a child's life is in
danger, it's allowed to die?

- Objection.
- Withdrawn.

Reverend, do you believe
that all religious rituals

should be protected by law?

Objection. Relevance.

Overruled. I'll allow it.

I believe that the government
should follow the Constitution

and allow us
freedom of religion.

So that if a church doctrine
called for beating children,

or allowing them to
handle poisonous snakes?

What if a religious ritual called for
leaving children naked in the snow?

- Objection!
- Judge: Mr. Stone.

Your Honor, I'm
through with this witness.

Carpenter: Mrs. Driscoll, do you
blame yourself for your daughter's death?

I did what was right.

Maybe if I had a fuller
understanding of God,

Dinah would be alive.

Are you planning to
have another child?

Yes.

If your third child became sick,

would you go to a doctor?

Only if spiritual
healing didn't help.

Only as a last resort.

Thank you.

No further questions.

Mrs. Driscoll, we've
heard testimony

that the night before
your daughter died

you and your husband
argued about treating her.

- Is that true?
- We had a disagreement.

Weren't you shouting?

We may have raised our voices.

Stone: And what did
you disagree about?

Calling a doctor.

Did Dinah want a doctor?

She wanted to know why her
friends had doctors and she didn't.

And did you want to
summon medical help?

No one's faith is perfect.

Ted helped me to recover
my sense of faith in God's will.

Answer the question,
Mrs. Driscoll.

I'm trying to, Your Honor.

I was afraid... and
Ted and I talked.

What did you talk about?

- Mr. Carpenter?
- No objection, Your Honor.

The law does not
require that the witness

answer questions about
her husband, Mrs. Driscoll.

You may answer or not.

Ted said he couldn't
stand to see me so upset.

He said he wanted
to call a doctor.

He started to call for help...

and I told him no.

He was putting his soul in
danger to save Dinah's life,

because of my pain!

Just because of me.

Judge: To reach a guilty verdict

on the charge of manslaughter
in the second degree,

the jury must find
that the defendants

recklessly caused the
death of Dinah Driscoll.

As to the charge of
endangering the welfare of a child,

I further instruct you that
the Church of All Saints

is a well-established church

and you may not consider the
prudence of spiritual healing.

Now you may consider

whether the defendants, at the
time their daughter was extremely ill,

sincerely believed in the
legitimacy of their religion

to cure illness without
benefit of medical help.

He buried the distinction.

They'll think spiritual healing
is a defense for manslaughter.

Why did he do it?

Eight, nine other state judges
frame their instructions the same way.

It practically guarantees acquittal
on endangering and manslaughter.

They should acquit on
endangering. That's what the law says.

- And manslaughter?
- Stone: You think they'll
understand the difference?

That's not what worries me.

We know that technically
they're guilty of manslaughter.

But does the jury even
want to make the distinction?

The defendant Theodore Driscoll,

on the charge of endangering
the welfare of a child,

how does the jury find?

We find the
defendant not guilty.

Judge: The defendant
Nancy Driscoll,

on the charge of endangering
the welfare of a child,

- how does the jury find?
- We find the defendant
not guilty.

The defendant Theodore
Driscoll on the charge

of manslaughter in
the second degree,

how does the jury find?

We find the defendant...

guilty.

The defendant Nancy
Driscoll, on the charge

of manslaughter in
the second degree,

how does the jury find?

We find the defendant guilty.

Stone: It never
ceases to amaze me.

Juries?

To weed through a
complicated legal minefield,

get bad instructions
from the judge

and still come up
with the right verdict.

What do you think Judge
Kurland will give them?

My guess... they won't
spend a night in jail.

Then what the hell's the point?

It's on the books, it got press.

Maybe next week, next
month, three years from now

a parent will call a doctor 'cause
they remember this conviction.

And a child won't
die. That's the point.