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Narrator:
In the criminal justice system, the people are represented
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by two separate yet
equally important groups...
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00:00:07,073 --> 00:00:08,938
the police
who investigate crime,
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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Please, missus,
call the doctor.
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Cora, her
temperature is down.
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- She's not getting better.
- Waking her won't help.
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A doctor,
an ambulance, 911...
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you have to do something.
You're being crazy.
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I want you to get your things.
My husband will send you a check.
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(car horns honking)
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Help! Police!
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Help!
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Help! Help!
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Please! Stop!
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Officer:
What do you want, honey?
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- Mrs. Driscoll?
- Yes.
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I'm Officer Barton,
this is Officer Giordano.
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Your housekeeper says
you may have an emergency.
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Mrs. Amado
tends to overreact.
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Do you mind?
Could we come in and take a peek at your daughter?
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That really
isn't necessary.
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We'll just be in and out.
Excuse me, ma'am.
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She's been
a little feverish.
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Lady, this kid
can't breathe!
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- Giordano: 27 Charlie to Central K.
- Dispatch: Go ahead, Charlie.
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Did you call it in?
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Policy is firm.
Only the chief resident... me... can call the cops on parents.
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Listen, is this kid
going to make it?
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Strep, fever 105-plus.
What kind of parent doesn't know that's life-threatening?
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On the record,
the hospital's gonna make a formal child abuse complaint?
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Yes. Neglect.
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You can't do this.
I want to take my daughter home.
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Mrs. Driscoll, this is
Dr. Fisher, the chief resident. She won't authorize a trache.
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And if I don't
sign an authorization you can't treat her.
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This is Sergeant Cerreta
and Detective Logan.
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More policemen?
You're not leaving us any choice.
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You seem like
a reasonable woman.
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You want to tell us
what the problem is?
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Your husband
here tonight, ma'am?
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No, he's in Boston
on business.
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You understand,
if the hospital files a formal complaint,
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you could find
yourself in jail.
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You can't force me
to let you operate.
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Are you serious?
These people are trying to save your daughter's life.
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Right now I am more concerned
about her soul.
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Mrs. Driscoll,
let us help Dinah...
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You can't help her.
We don't believe in modern medicine.
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- You don't believe in it?
- Our religion forbids it.
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Nurse on P. A:
Code Blue. ER Pediatrics. Code Blue. ER Pediatrics.
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Dr. Fisher:
Excuse me, miss, step back.
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Let's get her in treatment...
1.8 milliliter FD.
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We need a 1/1,000 solution
I.V. Push, now.
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Nurse: Failure.
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Dr. Baumann:
Let's get a central line in here. Who's the pharmacist?
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- Nurse: Now! Now!
- Baumann: Let's go with 18 watts per second.
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- Nurse: Level off.
- Dr. Fisher: Take the mask off.
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Clear.
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(brief thump)
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Still no pulse.
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Clear.
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Clear.
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She wasn't that sick!
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She wasn't that sick.
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(theme music plays)
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So? You want to send it
to Social Services?
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It's your call.
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The most we can
get her for is endangering the welfare of a child.
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No, no... what we get her
for is manslaughter.
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Whoa, Mike. Slow down.
We don't get her for anything,
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you don't prove she knew
the kid was seriously ill.
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The housekeeper...
what's her name? Amado.
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She damn well knew the kid
was sick enough to get two cops.
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That'll put the parents
away for sure.
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She was fired.
She'll say anything.
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Getting fired, you think that's
a reason to lie about the kid?
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- Do you believe this?
- Hey, what I think,
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what you think, what he thinks
don't mean diddly-squat,
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because in court she's not
a credible witness.
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"Credible"?
The kid died!
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Well, well, what's this?
Honeymoon over?
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When you finish debating
her state of mind,
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why don't you go ask her?
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And see what you can find out
about this religion...
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"Church of All Saints."
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Beautiful child.
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Cerreta: You worked
for the Driscolls, what, three months?
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Mm-hmm.
They loved that child.
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It was an aura.
It radiated from them.
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You never saw people
who loved a child so much.
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- When did she get sick?
- Mrs. Amado: Monday morning.
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When I came in,
she already had a fever.
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Mrs. Driscoll,
she wasn't worried.
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She said she was
praying for her.
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But you were worried?
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My kids, they get sick,
I pray for their souls.
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Their bodies, I get a doctor...
Oberon Guzman.
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I called him and told him
the fever keeps going up.
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Did you tell
Mrs. Driscoll that?
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And she told me
that sometimes kids
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just had to get sicker
before the Lord heard their prayers.
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You want me to visit
a sick child
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when the parent
won't call?
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Logan:
When the child's dying? Yes, I do.
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My malpractice insurance
is already 20 times my rent.
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I do not go to any child
against their parents' wishes.
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Did Mrs. Amado describe
the girl's symptoms?
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Sore throat, high fever,
trouble breathing.
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A second-year medical student
could have made
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an educated guess
it was strep throat.
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Do you consider
that major?
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Untreated?
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It could lead to rheumatic fever,
heart disease, death.
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So, a parent
refusing treatment...
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Would have to be stupid,
blind, or negligent.
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Or very religious.
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(tower bell rings)
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Our sect is descended
from the Swiss Brethren,
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like the Amish
or the Hutterites.
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Except that you don't
use doctors.
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We've been around
for 300 years,
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long before
modern medicine.
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Hold on.
You use electricity, central heating.
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You were around
long before them, too.
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Detective, do I really
have to defend
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my religious beliefs
to the police?
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Are you arresting
Ted and Nancy?
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Have they been
in your church long?
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Many years.
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They were members
when we were out in Hanover, New Jersey.
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They're devout people.
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00:08:07,286 --> 00:08:09,914
The loss of their
daughter was terrible.
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00:08:09,956 --> 00:08:11,753
But it is God's will.
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00:08:11,791 --> 00:08:14,259
Most of us don't mind
a little help from antibiotics.
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00:08:14,293 --> 00:08:17,057
But some of us do.
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Did the Driscolls talk to you
while Dinah was sick?
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Ted and Nancy never believed
that their daughter
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was sick enough to die.
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00:08:24,136 --> 00:08:26,900
All you have to do is talk
to them to know that.
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00:08:29,108 --> 00:08:31,167
Fanatics.
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00:08:31,210 --> 00:08:33,440
It's not that simple.
These people aren't "Moonies."
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You go to confession?
You take communion? They believe as strongly as you do.
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00:08:36,582 --> 00:08:39,016
That's crap!
How can you compare these wackos to...
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"Wackos"?
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A lot of non-Catholics
believe it's "wacko" for priests not to marry.
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00:08:43,489 --> 00:08:47,118
A lot of non-fundamentalists
believe it's "wacko" to take the Bible literally.
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To the Driscolls, losing
this kid's soul is worse than losing her life.
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00:08:50,863 --> 00:08:54,424
Except we're investigating
the death of a little girl, not a soul.
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00:08:56,168 --> 00:08:58,636
The church doesn't make
exceptions.
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The rules are God's,
not ours.
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We don't pollute our bodies.
We don't smoke,
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we don't use medicine
and we don't use doctors.
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00:09:07,113 --> 00:09:08,774
So if you're having a heart attack, you don't
call an ambulance?
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Is that so difficult
for you to accept?
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00:09:11,951 --> 00:09:14,419
Excuse me, Mrs. Driscoll,
we have to ask.
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Did you consider
calling a doctor?
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I should
have prayed harder.
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Maybe it's our fault.
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It's faith.
That's what religion is.
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You call that religion?
Neglecting a dying child?
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Now, you see, I call that
irresponsible.
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Mike...?
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Sorry.
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We're used to it.
Is that all?
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There's just one thing.
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You were gone Wednesday
and Thursday?
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I had no choice.
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Look, we talked
three or four times a day.
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Dinah's fever was down,
Nancy thought she was better.
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Our prayers were working.
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At any time,
over the five or six days,
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did you get any help
for Dinah?
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00:09:57,063 --> 00:09:59,531
Of course we did.
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Sharon Barlow,
she's a church medical practitioner.
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Cerreta:
Do you have any medical training...
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any chemistry, biology,
first-aid, anything?
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Church training.
Spiritual healing.
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00:10:13,446 --> 00:10:16,643
Mm-hmm.
So, then you're what, a kind of nurse?
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You think I don't know
what's going on here, Detective?
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Your job is to prosecute
our church.
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If you believed what we believe,
you'd understand.
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We are trying to find out
what you believe.
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Help us out.
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00:10:33,866 --> 00:10:36,232
We treat the sick
with prayer.
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We tried everything
to lower her fever.
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We prayed, cold baths,
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00:10:44,110 --> 00:10:46,738
we fed her,
we used rubbing alcohol.
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00:10:46,779 --> 00:10:49,077
When we ran out, we called
the drugstore for more.
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00:10:49,115 --> 00:10:51,982
- Drugstore?
- Which one?
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00:10:53,619 --> 00:10:55,814
I think I have
the receipt.
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00:11:05,631 --> 00:11:08,293
Tax deduction, huh?
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00:11:08,334 --> 00:11:10,700
What'd those people do?
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00:11:10,736 --> 00:11:12,704
It was rubbing alcohol,
man, not speed.
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00:11:12,738 --> 00:11:14,365
Hey, look, you
remember them or what?
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00:11:14,407 --> 00:11:16,875
Oh, yeah.
Guy opens the door, he's holding a kid.
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00:11:16,909 --> 00:11:18,877
Two ladies... they're
picking at each other.
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00:11:18,911 --> 00:11:20,538
All right, so what
did they look like?
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00:11:20,579 --> 00:11:22,376
This old lady,
she's telling the mom,
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00:11:22,415 --> 00:11:24,383
"Pray harder,
the kid will get better,
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00:11:24,417 --> 00:11:26,544
believe in God,"
that kind of stuff.
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00:11:26,585 --> 00:11:29,611
Start again.
Praying or fighting?
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00:11:29,655 --> 00:11:31,885
Fighting, man.
Fighting.
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00:11:31,924 --> 00:11:33,551
Father tells them
to keep it down,
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00:11:33,592 --> 00:11:36,060
gives the kid to the old lady,
and he pays me.
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00:11:36,095 --> 00:11:38,222
- But you kept listening?
- I couldn't help it.
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00:11:38,264 --> 00:11:41,392
The elevator was busted
so I had to take the stairs.
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00:11:41,434 --> 00:11:43,402
Now, the apartment door
is still open.
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00:11:43,436 --> 00:11:47,964
Then, the woman,
the young one, she jets by me.
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00:11:50,609 --> 00:11:52,907
Man:
87 apartments.
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00:11:52,945 --> 00:11:55,743
You think I see everybody
who comes and goes?
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00:11:55,781 --> 00:11:59,148
How long you been
on this door, Mike? 31 years.
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00:11:59,185 --> 00:12:02,348
You know what time
every man, woman and child in here pees.
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00:12:02,388 --> 00:12:05,323
Thursday, 10:00,
Mrs. Driscoll.
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00:12:05,357 --> 00:12:08,349
She ran by crying,
face all puffy.
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00:12:08,394 --> 00:12:11,329
Look, their kid's dead.
They don't need more trouble.
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00:12:11,363 --> 00:12:13,422
Did you see
which way she went?
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00:12:13,466 --> 00:12:15,457
Coffee shop
on the corner.
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00:12:15,501 --> 00:12:18,368
Five foot six? Brunette?
220
00:12:18,404 --> 00:12:20,872
Which one of the four million
you have in mind?
221
00:12:20,906 --> 00:12:23,534
She might've been crying.
The food here, no wonder.
222
00:12:23,576 --> 00:12:26,136
Elaine!
Tuesday night, 10:00,
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00:12:26,178 --> 00:12:28,373
you see a brunette
in here crying?
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00:12:28,414 --> 00:12:30,882
- What'd she do?
- Did you wait on her?
225
00:12:30,916 --> 00:12:34,215
I tried to get her to eat
something to stop crying.
226
00:12:34,253 --> 00:12:36,312
No sale. Only coffee...
227
00:12:36,355 --> 00:12:39,085
three cups.
Spiked with bourbon.
228
00:12:45,765 --> 00:12:48,734
Freedom of religion?
That gives you the right to commit homicide?
229
00:12:48,768 --> 00:12:51,498
The penal law allows
a single affirmative defense
230
00:12:51,537 --> 00:12:53,232
to endangering
the welfare of a child...
231
00:12:53,272 --> 00:12:56,730
- spiritual healing
by an organized religion. - That's in the law?
232
00:12:56,776 --> 00:12:59,574
In '73, Congress passed
a child abuse bill.
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00:12:59,612 --> 00:13:01,842
$85 million to the states.
234
00:13:01,881 --> 00:13:04,349
ATW regulations
said any state
235
00:13:04,383 --> 00:13:06,544
without a spiritual healing
exemption didn't get money.
236
00:13:06,585 --> 00:13:10,214
This is unbelievable.
In New York?
237
00:13:10,256 --> 00:13:11,917
And 43 other states.
238
00:13:11,957 --> 00:13:15,324
But the law says, "endangering."
These people let the kid die.
239
00:13:15,361 --> 00:13:20,264
To convict on manslaughter?
Couple of steps... first, convince the jury
240
00:13:20,299 --> 00:13:22,426
not to apply the spiritual healing
defense to homicide.
241
00:13:22,468 --> 00:13:25,801
Convince them?
Hell, the judge will just tell them not to.
242
00:13:25,838 --> 00:13:29,171
You know juries.
They'll do whatever they think is right.
243
00:13:29,208 --> 00:13:32,541
Next, prove the parents
didn't believe prayer would work.
244
00:13:32,578 --> 00:13:35,376
Forget that.
No matter what we think of their religion,
245
00:13:35,414 --> 00:13:37,712
it's obvious they believed in it
and they believed
246
00:13:37,750 --> 00:13:39,377
their kid wasn't
sick enough to die.
247
00:13:39,418 --> 00:13:42,512
If we could prove it, then
we could prove the manslaughter.
248
00:13:42,555 --> 00:13:44,546
Show they recklessly
caused the death.
249
00:13:44,590 --> 00:13:46,581
Great. So we gotta show
they didn't believe in prayer
250
00:13:46,625 --> 00:13:48,684
and they knew
the kid could die?
251
00:13:48,727 --> 00:13:52,185
Looks like Mom believed
in bourbon more than she did prayer.
252
00:13:52,231 --> 00:13:54,062
I thought
they didn't drink?
253
00:13:54,099 --> 00:13:57,899
People like this,
they start wondering if prayer's gonna do the trick.
254
00:13:57,937 --> 00:14:00,462
What happens?
I'll bet you they're not the only ones
255
00:14:00,506 --> 00:14:02,565
ever called God and got
his answering machine.
256
00:14:04,877 --> 00:14:07,675
If she was upset enough
to break church law on drinking,
257
00:14:07,713 --> 00:14:10,477
maybe she had doubts
about spiritual healing.
258
00:14:10,516 --> 00:14:14,247
How are we going to prove that?
Subpoena her mind?
259
00:14:14,286 --> 00:14:16,481
Maybe she talked to some
of the other church members.
260
00:14:16,522 --> 00:14:18,547
Logan:
So maybe we do get a subpoena...
261
00:14:18,591 --> 00:14:20,786
for the church
membership list.
262
00:14:20,826 --> 00:14:25,263
"Your Honor,
forget the First Amendment, we want a subpoena."
263
00:14:25,297 --> 00:14:27,527
I wouldn't bet the ranch
on that one.
264
00:14:27,566 --> 00:14:29,864
You don't get some
information on these people...
265
00:14:29,902 --> 00:14:32,166
how religious they are,
what goes on in that church...
266
00:14:32,204 --> 00:14:34,229
you don't have a case.
267
00:14:34,273 --> 00:14:37,902
What did that minister say?
They had all been out in New Jersey?
268
00:14:37,943 --> 00:14:40,969
Hanover.
Let's go check out that town.
269
00:14:44,750 --> 00:14:47,719
If they had any doubts
about prayer working, they're guilty.
270
00:14:47,753 --> 00:14:51,382
Yeah, I know. I know.
It's nice and easy for you and Robinette and Cragen.
271
00:14:51,423 --> 00:14:53,891
What the hell
does that mean? You don't have kids.
272
00:14:53,926 --> 00:14:56,554
Look, the adult world
is divided into two groups...
273
00:14:56,595 --> 00:14:59,063
the ones who have kids
and the ones who don't.
274
00:14:59,098 --> 00:15:01,328
You can't understand
what a parent feels.
275
00:15:01,367 --> 00:15:04,393
And I will guarantee you
one thing, they loved that kid.
276
00:15:04,436 --> 00:15:06,427
And if...?
277
00:15:06,472 --> 00:15:08,463
And if they had any doubts
about prayer working and we can prove it,
278
00:15:08,507 --> 00:15:10,702
I'll be the first guy
out with my cuffs.
279
00:15:12,344 --> 00:15:15,802
Personally?
I don't trust a man who never drinks.
280
00:15:15,848 --> 00:15:17,839
But these All Saints people...
281
00:15:17,883 --> 00:15:21,182
must have been 40, 50 of them...
they were good neighbors.
282
00:15:21,220 --> 00:15:22,517
They all moved out, right?
283
00:15:22,554 --> 00:15:25,182
Everyone knew
they weren't gonna stay.
284
00:15:25,224 --> 00:15:28,022
When they came,
they didn't buy houses, they only rented.
285
00:15:28,060 --> 00:15:30,028
They used an old
farmhouse as a church.
286
00:15:30,062 --> 00:15:32,530
Work, commuting.
The city, Newark, Princeton.
287
00:15:32,564 --> 00:15:34,691
It tells you they're not
gonna put down roots.
288
00:15:34,733 --> 00:15:38,294
Listen, Driscoll...
husband and wife. Ring any bells?
289
00:15:39,605 --> 00:15:43,063
Nah, but I'm brain dead.
Boredom.
290
00:15:43,108 --> 00:15:45,235
(chuckles)
291
00:15:45,277 --> 00:15:46,710
Chief, you got a newspaper
in this town?
292
00:15:46,745 --> 00:15:50,010
Yeah, "Hanover Union."
The county weekly. It's right down the street.
293
00:15:50,049 --> 00:15:52,609
City cops?
Lt'll make their month.
294
00:15:58,090 --> 00:16:01,150
"Mabel Gardner, 96,
found dead in her living room."
295
00:16:01,193 --> 00:16:03,320
Body wasn't discovered
for three days.
296
00:16:04,863 --> 00:16:06,831
The milkman did it.
297
00:16:06,865 --> 00:16:09,333
Makes you want to move,
doesn't it?
298
00:16:09,368 --> 00:16:12,394
Anymore of this, and I'm
gonna be brain dead.
299
00:16:15,374 --> 00:16:17,604
"Baby died at home."
300
00:16:17,643 --> 00:16:21,443
Daniel Driscoll.
Six years ago. Two years old.
301
00:16:22,314 --> 00:16:24,305
The Driscolls wanted
a headstone.
302
00:16:24,350 --> 00:16:27,342
We have a park-type cemetery...
plaques level with the grass.
303
00:16:27,386 --> 00:16:29,684
It's a neater look,
easier maintenance.
304
00:16:29,722 --> 00:16:32,623
It says here the boy
died of influenza.
305
00:16:32,658 --> 00:16:34,182
Anybody do an autopsy?
306
00:16:34,226 --> 00:16:36,353
Nobody thought
anything was wrong.
307
00:16:36,395 --> 00:16:38,454
Mm-hmm.
"Died at home."
308
00:16:38,497 --> 00:16:40,226
Says the boy is also
"survived by an aunt"...
309
00:16:40,265 --> 00:16:43,200
Eleanor Harding.
She owns the stationery store in town.
310
00:16:43,235 --> 00:16:45,726
I thought everybody from the church
moved into the city.
311
00:16:45,771 --> 00:16:48,137
Everybody except Eleanor.
312
00:16:48,173 --> 00:16:51,870
"Never showing doubt,
never showing fear.
313
00:16:51,910 --> 00:16:54,037
God's will is supreme."
314
00:16:54,079 --> 00:16:57,708
And if you don't believe that,
you're a sinner.
315
00:16:57,750 --> 00:16:59,980
Another life,
it's behind me.
316
00:17:00,019 --> 00:17:03,250
But there must be reasons why
you didn't move with your brother?
317
00:17:06,258 --> 00:17:08,818
Okay, I'll give you one.
318
00:17:08,861 --> 00:17:12,160
Seven, eight years ago,
I flew with Ted and Nancy
319
00:17:12,197 --> 00:17:14,825
up to Albany
for a church meeting.
320
00:17:14,867 --> 00:17:18,496
We hit a thunderstorm,
got struck by lightning.
321
00:17:18,537 --> 00:17:22,166
The plane dropped 10,000 feet.
I was terrified.
322
00:17:22,207 --> 00:17:24,402
I thought we were all dead
and Ted says,
323
00:17:24,443 --> 00:17:27,105
"We're all in God's hands."
324
00:17:27,146 --> 00:17:28,943
And that made you stay here?
325
00:17:28,981 --> 00:17:32,508
Between you and me,
I trusted the pilot over God.
326
00:17:33,886 --> 00:17:36,286
When Daniel died,
I joined a group.
327
00:17:36,321 --> 00:17:40,621
We lobbied to have
the spiritual healing laws repealed.
328
00:17:40,659 --> 00:17:43,992
Doesn't make
for family picnics.
329
00:17:44,029 --> 00:17:46,497
Did you know Dinah
was sick?
330
00:17:46,532 --> 00:17:50,161
I called Nancy... I pleaded
with her to go to a doctor.
331
00:17:50,202 --> 00:17:52,227
You didn't call
your brother?
332
00:17:54,740 --> 00:17:56,867
When that plane
was vibrating,
333
00:17:56,909 --> 00:17:59,673
Nancy was scared
witless, too.
334
00:18:04,917 --> 00:18:07,283
Are you suggesting
we neglected Daniel?
335
00:18:07,319 --> 00:18:09,787
Having two children die,
it's a terrible tragedy.
336
00:18:09,822 --> 00:18:11,449
It's also terribly long odds.
337
00:18:11,490 --> 00:18:13,321
Odds?
God doesn't gamble.
338
00:18:13,358 --> 00:18:15,986
What about this fight
you and your wife had?
339
00:18:16,028 --> 00:18:18,997
Our religion asks for spiritual
progress, not perfection.
340
00:18:19,031 --> 00:18:21,158
Would you mind telling us
what it was about?
341
00:18:21,200 --> 00:18:23,191
Did your wife
want medical help?
342
00:18:23,235 --> 00:18:25,829
Whatever my wife wanted,
I don't have to tell you.
343
00:18:25,871 --> 00:18:27,463
That's the law.
344
00:18:27,506 --> 00:18:30,771
The law also says parents
are responsible for their children's welfare.
345
00:18:31,543 --> 00:18:34,171
I've got five.
346
00:18:34,213 --> 00:18:36,738
I couldn't sit by
and watch one of them die.
347
00:18:38,383 --> 00:18:40,613
You have anything more
you want to ask me,
348
00:18:40,652 --> 00:18:43,177
get a subpoena.
349
00:18:45,390 --> 00:18:47,688
Ted and I had
a mild disagreement.
350
00:18:47,726 --> 00:18:50,194
Logan:
About Dinah?
351
00:18:50,229 --> 00:18:51,924
Do you have children?
352
00:18:53,465 --> 00:18:56,332
A sick child
can make you anxious.
353
00:18:58,537 --> 00:19:00,596
Anxious enough
to take three drinks?
354
00:19:02,541 --> 00:19:04,475
I thought your church
didn't allow drinking.
355
00:19:07,012 --> 00:19:08,980
I'm fallible.
356
00:19:09,014 --> 00:19:11,039
God isn't.
357
00:19:11,083 --> 00:19:12,641
Did you want
to call a doctor?
358
00:19:12,684 --> 00:19:14,811
Did your husband
stop you from that?
359
00:19:14,853 --> 00:19:17,481
(phone ringing)
360
00:19:23,362 --> 00:19:25,660
Hello.
361
00:19:25,697 --> 00:19:28,257
Yes, they're here.
362
00:19:32,137 --> 00:19:34,162
I will.
363
00:19:34,206 --> 00:19:36,470
I'll see you later.
364
00:19:38,877 --> 00:19:41,505
My husband
says that if you have any more questions,
365
00:19:41,547 --> 00:19:44,539
he wants you to call
the Reverend Henry Morley.
366
00:19:44,583 --> 00:19:46,574
Spiritual advice?
367
00:19:46,618 --> 00:19:48,779
No, legal.
368
00:19:48,820 --> 00:19:51,084
He'll give you the name
of our lawyer.
369
00:19:53,759 --> 00:19:55,989
Go to the D.A.?
370
00:19:56,028 --> 00:19:58,792
With what?
We've still got nothing.
371
00:19:58,830 --> 00:20:01,731
She had a couple of drinks.
Her sister-in-law thought
372
00:20:01,767 --> 00:20:03,359
she had enough doubts
to pressure her.
373
00:20:03,402 --> 00:20:07,532
Drinks?
The sister-in-law thinking she might have had doubts?
374
00:20:07,573 --> 00:20:11,031
That's gonna convince a jury?
Suppose she called a doctor?
375
00:20:11,076 --> 00:20:12,703
Suppose she did.
376
00:20:12,744 --> 00:20:15,042
There can't be more
than 4 or 5,000 in the city.
377
00:20:15,080 --> 00:20:17,378
What do you think, we start
with "A" and go forwards,
378
00:20:17,416 --> 00:20:19,213
or "Z" and work
backwards?
379
00:20:19,251 --> 00:20:21,219
These people
don't have doctors.
380
00:20:21,253 --> 00:20:22,880
Who would they
even know to call?
381
00:20:22,921 --> 00:20:24,752
How about 911?
382
00:20:24,790 --> 00:20:27,691
Computer printouts
of every call
383
00:20:27,726 --> 00:20:30,320
they promised two years ago.
And last year, and this year.
384
00:20:30,362 --> 00:20:34,059
- And now they promise next year.
- We'll listen to the tapes.
385
00:20:34,099 --> 00:20:37,466
What's the matter,
you fellas can't read? Check your logs at the precinct.
386
00:20:37,502 --> 00:20:39,629
There's nothing
in the logs.
387
00:20:39,671 --> 00:20:41,730
2,000 calls a night.
388
00:20:41,773 --> 00:20:43,764
At least
they're short.
389
00:20:46,111 --> 00:20:48,944
"Grandma fell down
a flight of stairs."
390
00:20:51,583 --> 00:20:53,574
"Daddy's beating up Mommy."
391
00:20:55,621 --> 00:20:57,612
Car accident.
392
00:21:01,026 --> 00:21:03,051
Boiler explosion.
393
00:21:04,563 --> 00:21:06,690
Want to move
to a small town in Jersey?
394
00:21:06,732 --> 00:21:08,893
They got a nice
police chief there.
395
00:21:10,802 --> 00:21:12,929
Nancy Driscoll?
396
00:21:12,971 --> 00:21:14,962
Ted.
397
00:21:20,746 --> 00:21:22,714
Robinette:
What about a jury's common sense?
398
00:21:22,748 --> 00:21:24,545
We can't indict him
and not her.
399
00:21:24,583 --> 00:21:26,210
The mother may be
morally guilty,
400
00:21:26,251 --> 00:21:28,549
but legally
she's got a good case. She seemed to trust in God.
401
00:21:28,587 --> 00:21:31,647
Paul, I'm not St. Augustine.
I can't make arguments to a jury
402
00:21:31,690 --> 00:21:33,715
about the number of angels
on the head of a pin.
403
00:21:33,759 --> 00:21:35,750
But the moral
issue is in the law. She keeps her faith,
404
00:21:35,794 --> 00:21:38,058
doesn't call a doctor...
under the law she looks innocent.
405
00:21:38,096 --> 00:21:41,156
Maybe she didn't keep her faith.
She ran from the apartment, she drank.
406
00:21:41,199 --> 00:21:43,793
Maybe her crisis of faith
drove the husband into one of his own.
407
00:21:43,835 --> 00:21:46,804
If he'd finished the 911 call,
the girl might be alive.
408
00:21:46,838 --> 00:21:49,136
Would be.
Strep is extremely treatable.
409
00:21:49,174 --> 00:21:51,540
It won't be easy getting
a conviction on either one of them.
410
00:21:53,712 --> 00:21:56,579
Adam:
Rabbis, priests, ministers...
411
00:21:56,615 --> 00:21:59,243
I'm debating theology
with half the clergy in the city.
412
00:21:59,284 --> 00:22:01,184
Tell them the case
isn't about theology.
413
00:22:01,219 --> 00:22:03,210
Tell them it isn't
about politics either.
414
00:22:03,255 --> 00:22:06,747
- Driscolls seem
like decent people. - I sympathize with them.
415
00:22:06,792 --> 00:22:10,922
Because they're decent,
it looks like we're putting religion on trial.
416
00:22:10,962 --> 00:22:13,624
The spiritual healing law
shouldn't even be on the books.
417
00:22:13,665 --> 00:22:17,601
Oh, that's beautiful.
Suddenly we find ourselves in Utopia.
418
00:22:17,636 --> 00:22:19,797
Politics is part
of the law, my friend.
419
00:22:19,838 --> 00:22:22,204
You need reminding,
spend a day in Albany.
420
00:22:22,240 --> 00:22:23,969
Does this mean
we don't want to indict?
421
00:22:24,009 --> 00:22:26,807
You think we have a choice?
Do you?
422
00:22:26,845 --> 00:22:30,042
The mother drinking,
a case of impaired judgment,
423
00:22:30,082 --> 00:22:32,107
the father,
he started to make the call.
424
00:22:32,150 --> 00:22:33,708
If we walk away
from it now,
425
00:22:33,752 --> 00:22:37,244
it looks like we never
should have investigated in the first place.
426
00:22:39,257 --> 00:22:41,555
Let's go with
manslaughter two
427
00:22:41,593 --> 00:22:43,686
and endangering
the welfare of a child.
428
00:22:43,729 --> 00:22:46,061
But with a lesser charge,
we'll never convict on manslaughter.
429
00:22:46,098 --> 00:22:48,225
What's better?
Half a win or none?
430
00:22:48,266 --> 00:22:50,996
But the logic doesn't play.
431
00:22:51,036 --> 00:22:53,061
If they endangered
the child enough for her to die,
432
00:22:53,105 --> 00:22:56,506
they're guilty of manslaughter. Illinois,
Massachusetts, Florida...
433
00:22:56,541 --> 00:22:58,668
there isn't a DA that hasn't
reached the same conclusion.
434
00:22:58,710 --> 00:23:00,974
Leave both charges
and do us all a favor...
435
00:23:01,012 --> 00:23:03,003
take a plea.
436
00:23:03,048 --> 00:23:07,781
Man two, lifetime probation,
no jail time.
437
00:23:09,020 --> 00:23:11,682
Bailiff:
Indictment number 6432...
438
00:23:11,723 --> 00:23:14,851
The People
versus Theodore Driscoll and Nancy Driscoll.
439
00:23:14,893 --> 00:23:17,521
The charges are manslaughter
in the second degree
440
00:23:17,562 --> 00:23:20,690
and endangering
the welfare of a child.
441
00:23:20,732 --> 00:23:23,530
Judge:
Are the defendants ready to plead?
442
00:23:23,568 --> 00:23:25,035
(together)
Not guilty.
443
00:23:25,070 --> 00:23:28,039
I'll let you know
right up front, Mr. Robinette,
444
00:23:28,073 --> 00:23:29,870
I don't see a big bail
number here.
445
00:23:29,908 --> 00:23:32,934
One of the charges
is manslaughter.
446
00:23:32,978 --> 00:23:35,208
Yes, I know the seriousness
of the crime.
447
00:23:35,247 --> 00:23:37,841
But I'm looking
at the other factors. Mr. Carpenter?
448
00:23:37,883 --> 00:23:41,717
We ask the defendants'
release on their own recognizance.
449
00:23:41,753 --> 00:23:44,586
Counselor, you know
I can't do that either.
450
00:23:45,757 --> 00:23:48,885
Bail is set
for each defendant at 25,000.
451
00:23:51,363 --> 00:23:55,732
The tenets of their church
vis-a-vis doctors are well known.
452
00:23:55,767 --> 00:23:58,395
The Driscolls have been
members for years.
453
00:23:58,437 --> 00:24:00,905
Then why did
your client phone 911?
454
00:24:00,939 --> 00:24:03,430
One moment
of weakness.
455
00:24:03,475 --> 00:24:05,500
You're a Catholic,
do you ever sin?
456
00:24:05,544 --> 00:24:09,036
That's sophistry, Lucius.
I'm not here as a Catholic. I'm here as a lawyer.
457
00:24:09,080 --> 00:24:12,015
You're prosecuting Ted Driscoll
for making a phone call.
458
00:24:12,050 --> 00:24:14,018
I'm prosecuting
Mr. And Mrs. Driscoll
459
00:24:14,052 --> 00:24:16,020
for recklessly causing
the death of their child
460
00:24:16,054 --> 00:24:18,022
after he violated
his church's teaching.
461
00:24:18,056 --> 00:24:20,684
A child who was born
into their faith.
462
00:24:20,725 --> 00:24:23,023
They want to martyr themselves
to religion, fine,
463
00:24:23,061 --> 00:24:25,325
but they don't have
a right to martyr their child.
464
00:24:25,363 --> 00:24:28,332
Convicting them of manslaughter
won't bring Dinah back.
465
00:24:30,235 --> 00:24:33,102
I want sick children to have
a chance at medical care.
466
00:24:34,739 --> 00:24:37,333
I'd expect this kind
of prosecution
467
00:24:37,375 --> 00:24:39,707
in Arizona, California...
468
00:24:39,744 --> 00:24:42,178
not in the most tolerant
state in the country.
469
00:24:42,214 --> 00:24:45,980
Well, I wouldn't try
that tolerance argument in court if I were you.
470
00:24:49,287 --> 00:24:53,383
Just once, for a lark,
could you bring me in on an easy case?
471
00:24:53,425 --> 00:24:56,053
I don't need a psychiatrist
for the easy ones, Susan.
472
00:24:56,094 --> 00:24:59,063
You know
what kind of jury we want? 12 people with children...
473
00:24:59,097 --> 00:25:01,497
preferably all of whom
have strep throat.
474
00:25:01,533 --> 00:25:03,501
Carpenter's shrink...
Seymour Golden.
475
00:25:03,535 --> 00:25:06,129
- Who's Seymour Golden?
- He gets 2,000 a day.
476
00:25:06,171 --> 00:25:08,401
Compared to him,
I'm a bargain.
477
00:25:12,878 --> 00:25:16,177
Stone:
Have you read about this case in the papers, Mr. Madison?
478
00:25:16,214 --> 00:25:18,512
- Didn't see it.
- Heard about it on television?
479
00:25:18,550 --> 00:25:20,381
Like I say,
I didn't follow it.
480
00:25:20,418 --> 00:25:23,046
Do you have any strong
religious beliefs?
481
00:25:23,088 --> 00:25:25,454
I'm a Baptist.
I believe in God.
482
00:25:25,490 --> 00:25:27,481
Thank you.
483
00:25:29,761 --> 00:25:31,854
A Baptist.
484
00:25:31,897 --> 00:25:34,388
You think he'll sympathize
with fundamentalists?
485
00:25:34,432 --> 00:25:36,423
He worries me.
Makes me nervous.
486
00:25:38,703 --> 00:25:42,195
I think he knows
the difference between church and state.
487
00:25:42,240 --> 00:25:44,140
Keep him.
488
00:25:44,175 --> 00:25:46,439
Guys, trust me.
489
00:25:46,478 --> 00:25:48,469
No challenge.
490
00:25:48,513 --> 00:25:50,811
No challenge.
491
00:25:51,816 --> 00:25:53,977
I have two girls,
six and 10.
492
00:25:54,019 --> 00:25:56,044
Do you believe parents
have the right to care
493
00:25:56,087 --> 00:25:58,214
for children according
to their own customs?
494
00:25:58,256 --> 00:26:00,053
I do.
495
00:26:00,091 --> 00:26:01,820
Knowing what you do
about this case,
496
00:26:01,860 --> 00:26:04,658
do you think
you can be impartial?
497
00:26:04,696 --> 00:26:06,493
I love my children
so much,
498
00:26:06,531 --> 00:26:08,499
I can't imagine
parents who don't.
499
00:26:08,533 --> 00:26:11,161
In fact, I'm pregnant
with our third child right now.
500
00:26:11,202 --> 00:26:13,193
Thank you.
501
00:26:15,707 --> 00:26:18,835
She practically announced
she identifies with Mrs. Driscoll.
502
00:26:18,877 --> 00:26:21,311
I know, but I don't think
she's gonna like them
503
00:26:21,346 --> 00:26:24,338
watching that little girl's
fever go up.
504
00:26:24,382 --> 00:26:27,442
Pregnant mother...
she'll carry a lot of weight in the jury room.
505
00:26:27,485 --> 00:26:29,476
My research shows
that she is gonna go
506
00:26:29,521 --> 00:26:31,853
with the child
and not the mother.
507
00:26:33,224 --> 00:26:36,352
- No challenge.
- No challenge.
508
00:26:36,394 --> 00:26:39,454
I think the government
ought to keep its nose out of my life.
509
00:26:39,497 --> 00:26:42,261
Mr. Nicholas, if it were
contrary to your own beliefs,
510
00:26:42,300 --> 00:26:45,861
would you be able
to accept the judge's instruction on the law?
511
00:26:45,904 --> 00:26:49,362
I understand the difference
between my point of view and the law.
512
00:26:49,407 --> 00:26:51,534
I'll do what's right.
513
00:26:51,576 --> 00:26:53,567
Thank you.
514
00:26:55,747 --> 00:26:58,045
He's got four kids.
515
00:26:58,083 --> 00:27:00,381
He hates authority.
It's bad for us.
516
00:27:08,159 --> 00:27:10,150
Peremptory challenge,
Your Honor.
517
00:27:10,195 --> 00:27:12,993
Four kids?
What's your problem with him?
518
00:27:13,031 --> 00:27:15,556
It's a peremptory, Lucius.
I don't need a reason.
519
00:27:23,708 --> 00:27:25,699
The tragedy of this case
520
00:27:25,744 --> 00:27:28,679
is the death of Dinah Driscoll, five years
old.
521
00:27:28,713 --> 00:27:32,410
A greater tragedy is that her death
could have been prevented.
522
00:27:32,450 --> 00:27:36,511
The State will prove
that Dinah Driscoll
523
00:27:36,554 --> 00:27:38,920
was ill and in need
of medical care.
524
00:27:38,957 --> 00:27:40,948
We will also prove
that the defendants
525
00:27:40,992 --> 00:27:43,859
denied her that care
526
00:27:43,895 --> 00:27:46,955
and knew its absence
would lead to her death.
527
00:27:46,998 --> 00:27:51,059
During this trial you will hear
a great deal about religion.
528
00:27:51,102 --> 00:27:54,868
Nobody's religious beliefs
are on trial.
529
00:27:54,906 --> 00:27:57,602
What is on trial here
is Dinah Driscoll's death.
530
00:27:57,642 --> 00:28:02,272
Did the defendants violate
their parental duty?
531
00:28:02,313 --> 00:28:06,579
Did they recklessly lead
Dinah Driscoll to her death?
532
00:28:08,420 --> 00:28:10,479
Dr. Stanback,
please tell the court
533
00:28:10,522 --> 00:28:12,922
your profession
and current position.
534
00:28:12,957 --> 00:28:14,982
By training,
I'm an oncologist.
535
00:28:15,026 --> 00:28:17,051
That's a cancer specialist.
536
00:28:17,095 --> 00:28:21,657
And I'm the chairman
of the New York Council on Medical Ethics.
537
00:28:21,700 --> 00:28:23,998
Have you written works
on the history of medicine?
538
00:28:24,035 --> 00:28:26,902
Yes. I'm the author
of two books on this subject;
539
00:28:26,938 --> 00:28:29,930
"The Healer's Craft"
and "Life Before Death."
540
00:28:29,974 --> 00:28:32,067
Please tell the Court
541
00:28:32,110 --> 00:28:34,738
about the place of spiritual healing
in the history of medicine.
542
00:28:34,779 --> 00:28:37,509
Prior to the 20th century,
543
00:28:37,549 --> 00:28:40,541
people were often desperate
for any relief from pain
544
00:28:40,585 --> 00:28:43,110
and for thousands of years,
naturally, people prayed.
545
00:28:43,154 --> 00:28:46,317
In your expert opinion,
does prayer cure disease?
546
00:28:46,357 --> 00:28:49,690
Objection.
He's not an expert on prayer.
547
00:28:49,728 --> 00:28:52,856
But he is an expert
on disease.
548
00:28:52,897 --> 00:28:54,956
Overruled.
The witness may answer.
549
00:28:57,569 --> 00:28:59,594
A virus can't hear a prayer
550
00:28:59,637 --> 00:29:02,197
any more than viruses
respond to leeches.
551
00:29:02,240 --> 00:29:06,802
For thousands of years,
bacteria and viruses killed people.
552
00:29:06,845 --> 00:29:10,406
Then we developed sulfa drugs
and antibiotics,
553
00:29:10,448 --> 00:29:12,541
and people lived.
554
00:29:12,584 --> 00:29:15,678
Stone:
Thank you.
555
00:29:15,720 --> 00:29:18,518
I'd say she had to be
infected for at least a week.
556
00:29:19,824 --> 00:29:22,987
What did you tell
the defendant Nancy Driscoll?
557
00:29:23,027 --> 00:29:24,995
I said if we didn't
clear Dinah's lungs
558
00:29:25,029 --> 00:29:27,657
and get her temperature
down, she would die.
559
00:29:27,699 --> 00:29:30,827
And how did
Mrs. Driscoll respond?
560
00:29:30,869 --> 00:29:33,895
She refused permission
for us to treat her child.
561
00:29:36,040 --> 00:29:38,031
Thank you.
562
00:29:40,712 --> 00:29:44,170
Dr. Baumann,
how long have you been practicing medicine?
563
00:29:44,215 --> 00:29:46,012
Three years.
564
00:29:46,050 --> 00:29:48,450
Have you seen many
strep infections?
565
00:29:49,821 --> 00:29:51,812
Emergency room,
you don't see them very often.
566
00:29:51,856 --> 00:29:54,723
- Most people...
- So you're not an expert in strep?
567
00:29:54,759 --> 00:29:57,660
- Please, I'm a doctor.
- Really?
568
00:29:57,695 --> 00:30:01,631
Are you a doctor who can swear
Dinah had been infected for a week?
569
00:30:03,401 --> 00:30:05,596
In medicine, nothing is certain,
but I know exactly...
570
00:30:05,637 --> 00:30:08,731
Thank you.
No further questions.
571
00:30:10,608 --> 00:30:14,044
What did Mrs. Driscoll say
when you suggested she get a doctor?
572
00:30:14,078 --> 00:30:16,205
She told me Dinah
was "in God's hands."
573
00:30:16,247 --> 00:30:19,580
Tell the Court why you left
the Church of All Saints.
574
00:30:19,617 --> 00:30:22,552
Objection. Relevance.
575
00:30:22,587 --> 00:30:25,283
Your Honor, her experience
with the church's doctrine is relevant.
576
00:30:25,323 --> 00:30:29,885
Overruled. I'll allow it.
The witness may answer.
577
00:30:29,928 --> 00:30:33,762
I left the church
because I'd seen children die.
578
00:30:33,798 --> 00:30:36,062
Thank you.
No more questions.
579
00:30:40,939 --> 00:30:44,067
You were raised in the Church
of All Saints, correct?
580
00:30:44,108 --> 00:30:46,235
Yes.
581
00:30:46,277 --> 00:30:48,074
And before you left
the church,
582
00:30:48,112 --> 00:30:50,307
did you believe
in its doctrines?
583
00:30:52,450 --> 00:30:55,112
Isn't it true that four years
before you left the church,
584
00:30:55,153 --> 00:30:58,714
you became ill
and took antibiotics
585
00:30:58,756 --> 00:31:01,486
because you believed
they would save your life?
586
00:31:01,526 --> 00:31:06,429
Yes, that's true.
Prayer clearly wasn't working.
587
00:31:06,464 --> 00:31:09,490
So the real reason you left
588
00:31:09,534 --> 00:31:15,404
is because you didn't accept
the church's doctrines for yourself.
589
00:31:15,440 --> 00:31:17,567
Isn't that right?
590
00:31:20,011 --> 00:31:22,445
Carpenter:
No further questions.
591
00:31:22,480 --> 00:31:24,846
It's a winnable case.
592
00:31:24,883 --> 00:31:27,010
Yeah, listen, Carpenter's
ready to deal.
593
00:31:27,051 --> 00:31:29,042
Take a plea
while you can.
594
00:31:29,087 --> 00:31:32,181
Only if they agree never
to participate in spiritual healing of a kid again.
595
00:31:32,223 --> 00:31:34,248
Does it matter?
They don't have any children.
596
00:31:34,292 --> 00:31:36,283
I don't care, Adam.
I don't want them
597
00:31:36,327 --> 00:31:38,625
convincing other parents
to let their children die.
598
00:31:38,663 --> 00:31:40,654
All right, but don't push it.
Forget man two.
599
00:31:40,698 --> 00:31:42,689
Settle for endangering.
600
00:31:43,735 --> 00:31:46,533
You're asking them
to turn against their church.
601
00:31:46,571 --> 00:31:49,699
We're offering a plea where they walk away
from manslaughter.
602
00:31:49,741 --> 00:31:52,073
At the expense
of their religious beliefs.
603
00:31:54,445 --> 00:31:56,743
Endangering the welfare
of a child.
604
00:31:56,781 --> 00:31:59,944
However, in this plea bargain
you agree never to participate
605
00:31:59,984 --> 00:32:02,976
in the spiritual healing
of another child.
606
00:32:07,058 --> 00:32:09,788
You can imprison my body,
but not my soul.
607
00:32:12,797 --> 00:32:15,322
You know, when I was growing up,
my parents told me
608
00:32:15,366 --> 00:32:17,357
about the separation
of church and state.
609
00:32:17,402 --> 00:32:20,565
How proud they were
of their country.
610
00:32:20,605 --> 00:32:22,903
Do you live in the same country
I do, Mr. Stone?
611
00:32:22,941 --> 00:32:25,876
Please, reconsider.
612
00:32:42,427 --> 00:32:44,827
They've made their decision.
613
00:32:46,431 --> 00:32:50,128
And I've made up my mind.
I'll see you in court.
614
00:32:56,941 --> 00:32:59,205
I heal with prayer.
615
00:32:59,243 --> 00:33:02,178
- It didn't heal Dinah.
- Her fever went down.
616
00:33:02,213 --> 00:33:04,238
And she died.
Did you ever go to a doctor?
617
00:33:04,282 --> 00:33:06,944
- No.
- Yet you wear glasses.
618
00:33:06,985 --> 00:33:09,852
I saw an optometrist.
619
00:33:09,887 --> 00:33:13,687
Eyeglasses aren't cures for disease,
they're aids to living.
620
00:33:13,725 --> 00:33:16,660
So you believe that poor eyesight
isn't a part of God's will,
621
00:33:16,694 --> 00:33:18,889
but letting a five-year-old die
622
00:33:18,930 --> 00:33:20,921
from something that can be
cured like that is?
623
00:33:20,965 --> 00:33:25,459
I move for a mistrial.
This questioning on religion is impermissible.
624
00:33:25,503 --> 00:33:28,301
Approach.
625
00:33:28,339 --> 00:33:30,204
Your Honor,
we're within the limits.
626
00:33:30,241 --> 00:33:32,266
(whispers)
Maybe.
627
00:33:32,310 --> 00:33:34,301
I want this thing
settled quickly.
628
00:33:34,345 --> 00:33:37,405
You'll have motions in my chambers
tomorrow morning at 10:00,
629
00:33:37,448 --> 00:33:39,439
and we'll discuss them at 1:00.
630
00:33:39,484 --> 00:33:41,884
And hold down
the verbiage, okay?
631
00:33:41,919 --> 00:33:45,650
You give me a hundred pages,
I'll be very upset.
632
00:33:46,657 --> 00:33:48,648
Court's adjourned.
(bangs gavel)
633
00:33:50,595 --> 00:33:54,895
Did I misread this?
If you did, I misread it the same way.
634
00:33:54,932 --> 00:33:58,265
"U.S. V. Ballard."
The Supreme Court says
635
00:33:58,302 --> 00:34:01,396
the truth of their
religious beliefs should not be submitted to the jury.
636
00:34:01,439 --> 00:34:06,274
I didn't ask Sharon Barlow whether
her beliefs were true... did I?
637
00:34:07,278 --> 00:34:09,838
No, but you did disparage them
with your attitude.
638
00:34:11,382 --> 00:34:13,612
My attitude's
not in the transcript.
639
00:34:13,651 --> 00:34:15,676
Adam:
Gentlemen.
640
00:34:17,622 --> 00:34:19,613
You in the clear?
641
00:34:19,657 --> 00:34:22,455
Carpenter's scared.
He knows where your case ends.
642
00:34:22,493 --> 00:34:25,018
If we ever get there.
643
00:34:25,063 --> 00:34:27,463
If we do,
we're gonna lose on Nancy.
644
00:34:27,498 --> 00:34:28,760
It could go the other way.
645
00:34:28,800 --> 00:34:32,201
The father,
they may feel sorry for.
646
00:34:33,237 --> 00:34:35,102
And the mother,
religion or not,
647
00:34:35,139 --> 00:34:37,801
she told the doctors
not to operate...
648
00:34:37,842 --> 00:34:40,834
and she had those drinks.
649
00:34:40,878 --> 00:34:44,678
By the way, Judge Kurland
thinks he's William O. Douglas.
650
00:34:44,715 --> 00:34:48,651
Make your motion simple,
or he'll never understand it.
651
00:34:51,589 --> 00:34:54,888
It's a fine line,
Mr. Carpenter.
652
00:34:54,926 --> 00:34:57,724
And Mr. Stone crossed it.
653
00:34:57,762 --> 00:35:00,162
The spiritual healing defense
654
00:35:00,198 --> 00:35:02,996
does not give you the right
to dissect her beliefs.
655
00:35:03,034 --> 00:35:05,332
Judge:
That's an interesting approach, Counselor.
656
00:35:05,369 --> 00:35:08,338
You want your clients
acquitted on the basis
657
00:35:08,372 --> 00:35:10,397
of their belief
in spiritual healing,
658
00:35:10,441 --> 00:35:13,001
but you don't want that healing
discussed in court?
659
00:35:13,044 --> 00:35:16,013
He can ask whether
she believes in God's power,
660
00:35:16,047 --> 00:35:19,710
he cannot imply
her beliefs are stupid.
661
00:35:19,750 --> 00:35:22,514
Your clients aren't on trial
for their beliefs, they're on trial for their actions.
662
00:35:22,553 --> 00:35:24,544
Their beliefs are action.
663
00:35:24,589 --> 00:35:26,887
Oh, Counselor...
664
00:35:26,924 --> 00:35:29,358
I'm afraid that's nonsense
and you know it.
665
00:35:29,393 --> 00:35:34,387
No, the law allows testimony
on the relevance of faith.
666
00:35:34,432 --> 00:35:38,528
The jury hasn't been asked
to judge the truth of that faith.
667
00:35:38,569 --> 00:35:41,663
Motion for mistrial denied.
We'll resume at 2:00.
668
00:35:41,706 --> 00:35:44,869
On that night, the night
before their daughter died,
669
00:35:44,909 --> 00:35:47,343
did the Driscolls
argue about treating her?
670
00:35:50,748 --> 00:35:53,717
Nancy said that God
had "taken one child from her,"
671
00:35:53,751 --> 00:35:56,584
she didn't think she could
bear it if He took another.
672
00:35:56,621 --> 00:35:58,748
And how did
Mr. Driscoll respond?
673
00:35:58,789 --> 00:36:03,317
I'm not sure.
They asked me to leave Dinah's room.
674
00:36:03,361 --> 00:36:05,989
She... Mrs. Driscoll...
was upset.
675
00:36:06,030 --> 00:36:09,830
After a few minutes, she came out
and he followed her.
676
00:36:09,867 --> 00:36:12,165
- And then what happened?
- They were shouting.
677
00:36:12,203 --> 00:36:15,798
Then the drugstore delivery arrived.
Nancy left the apartment.
678
00:36:15,840 --> 00:36:18,502
Did Mr. Driscoll
return to the child's room?
679
00:36:18,543 --> 00:36:20,704
Not right away.
He went into the kitchen.
680
00:36:20,745 --> 00:36:23,908
- How long was he gone?
- I don't remember.
681
00:36:26,083 --> 00:36:29,348
We offer into evidence
People's Exhibit number 14,
682
00:36:29,387 --> 00:36:32,481
an emergency medical
services tape recording
683
00:36:32,523 --> 00:36:34,650
on the Tuesday night
in question.
684
00:36:34,692 --> 00:36:36,887
And also
an affidavit swearing
685
00:36:36,928 --> 00:36:39,920
that that is a copy
of the EMS master.
686
00:36:39,964 --> 00:36:42,865
And we request permission
to play the tape.
687
00:36:42,900 --> 00:36:45,300
- Judge: Granted.
- Thank you.
688
00:36:50,741 --> 00:36:53,039
Recording:
- Yes. Hello? - 911 emergency.
689
00:36:53,077 --> 00:36:55,204
- It's my daughter.
- What's wrong with her?
690
00:36:55,246 --> 00:36:57,544
- She... please!
- What's the problem?
691
00:36:57,582 --> 00:36:59,982
- She's terribly sick.
- Sir, hello?
692
00:37:00,017 --> 00:37:02,747
- She's burning up with fever.
- Is it going down?
693
00:37:02,787 --> 00:37:05,813
- No, it's not going down!
- All right, this is what I need you to do.
694
00:37:05,856 --> 00:37:09,519
- Nancy: You don't want this.
- Sir, you've got to stay on the line.
695
00:37:09,560 --> 00:37:13,018
- Sir, are you there?
- (dial tone hums)
696
00:37:14,031 --> 00:37:17,000
Do you recognize
the voice on that tape?
697
00:37:17,034 --> 00:37:19,025
It sounds
like Ted Driscoll.
698
00:37:21,706 --> 00:37:23,333
Thank you.
699
00:37:24,542 --> 00:37:28,171
Ms. Barlow,
there are background voices
700
00:37:28,212 --> 00:37:30,840
and a great deal of static
on that tape,
701
00:37:30,881 --> 00:37:33,509
are you certain
that's Ted Driscoll's voice?
702
00:37:33,551 --> 00:37:37,817
No. As I said,
it sounds like Ted's voice.
703
00:37:40,491 --> 00:37:43,688
If Mrs. Driscoll was there
when he called 911...
704
00:37:43,728 --> 00:37:47,687
Makes your case
stronger for both of them. Two parents, joint decision.
705
00:37:47,732 --> 00:37:51,532
The housekeeper, Paul,
she hasn't been in court, has she?
706
00:37:51,569 --> 00:37:53,696
And not talking
to reporters.
707
00:37:53,738 --> 00:37:55,797
Go see her tonight.
708
00:37:56,807 --> 00:37:59,037
My friends...
709
00:37:59,076 --> 00:38:02,045
they want me to make
trouble for the Driscolls.
710
00:38:07,184 --> 00:38:10,620
Was Mrs. Driscoll there
when Mr. Driscoll made the call?
711
00:38:11,856 --> 00:38:14,017
I don't hate them.
712
00:38:14,058 --> 00:38:16,925
There's something
you haven't told us, isn't there?
713
00:38:19,697 --> 00:38:22,666
They have so much pain
already.
714
00:38:22,700 --> 00:38:26,101
It was Dinah.
She wanted a doctor.
715
00:38:26,137 --> 00:38:29,300
The child
asked for a doctor?
716
00:38:29,340 --> 00:38:31,808
That night, when
the other lady was there,
717
00:38:31,842 --> 00:38:33,901
I was in Dinah's room.
718
00:38:33,944 --> 00:38:36,674
Dinah says she feels
"so very sick."
719
00:38:36,714 --> 00:38:40,844
Her friend Susie's mom
"gets her a doctor when she's sick,
720
00:38:40,885 --> 00:38:43,353
why can't I get a doctor?"
721
00:38:43,387 --> 00:38:46,515
Mrs. Driscoll told her,
"We don't believe in doctors."
722
00:38:53,230 --> 00:38:55,528
She's a tainted witness.
723
00:38:55,566 --> 00:38:59,696
It is grossly prejudicial,
not to mention it's hearsay.
724
00:38:59,737 --> 00:39:01,728
Two exceptions,
Your Honor.
725
00:39:01,772 --> 00:39:05,799
If he says, "Dying declaration
by the victim of a homicide..."
726
00:39:05,843 --> 00:39:08,641
Calm down, Counselor.
He hasn't said anything yet.
727
00:39:08,679 --> 00:39:12,638
Opinion testimony by a lay
witness on the emotional state of Dinah Driscoll.
728
00:39:12,683 --> 00:39:16,585
"Emotional state"?
You want her to testify to what the child said.
729
00:39:16,620 --> 00:39:18,611
Anyway, that's no
exception to hearsay.
730
00:39:18,656 --> 00:39:22,114
Effect of a verbal act
on the parents... statement not offered for its truth.
731
00:39:22,159 --> 00:39:25,128
You do want the jury
to believe it's the truth?
732
00:39:25,162 --> 00:39:28,154
No shouting
in my chamber.
733
00:39:28,199 --> 00:39:33,136
I don't like it, Ben.
The child obviously can't testify.
734
00:39:33,170 --> 00:39:37,630
Let's face it, it is prejudicial.
The witness is not trustworthy.
735
00:39:37,675 --> 00:39:40,974
Not in my courtroom.
Sorry.
736
00:39:41,011 --> 00:39:43,343
Would've helped
to have gotten it in.
737
00:39:43,381 --> 00:39:45,315
It could've gone
both ways.
738
00:39:45,349 --> 00:39:48,512
He said they didn't
believe in doctors. But they both made the call.
739
00:39:48,552 --> 00:39:51,817
I don't know.
I think the possibility of conviction's on life support.
740
00:39:51,856 --> 00:39:55,257
In the history of your church,
741
00:39:55,292 --> 00:39:59,922
have the attitudes toward
spiritual healing ever changed?
742
00:39:59,964 --> 00:40:02,797
We take Biblical
injunctions literally.
743
00:40:02,833 --> 00:40:08,032
Have you witnessed successful
examples of spiritual healing?
744
00:40:08,072 --> 00:40:11,599
- They're all successful.
- Even if someone dies?
745
00:40:11,642 --> 00:40:14,304
Someone lives,
someone dies.
746
00:40:14,345 --> 00:40:16,404
It is all God's will.
747
00:40:16,447 --> 00:40:19,575
The soul is eternal.
748
00:40:21,085 --> 00:40:23,815
Thank you, sir.
No further questions.
749
00:40:27,224 --> 00:40:29,215
Reverend Morley,
does your church's doctrine
750
00:40:29,260 --> 00:40:32,058
ever allow a doctor
to be called?
751
00:40:32,096 --> 00:40:34,394
Only in certain
extreme situations.
752
00:40:37,435 --> 00:40:40,871
And Dinah Driscoll's
situation was not extreme?
753
00:40:40,905 --> 00:40:43,897
If a mother's life
is threatened in childbirth,
754
00:40:43,941 --> 00:40:47,536
midwives or doctors
may be called.
755
00:40:47,578 --> 00:40:49,045
And no other situation?
756
00:40:50,114 --> 00:40:51,638
No.
757
00:40:51,682 --> 00:40:54,207
So if I understand you
correctly,
758
00:40:54,251 --> 00:40:57,584
when a mother's life is in danger,
a doctor can be called,
759
00:40:57,621 --> 00:41:00,488
but if a child's life is in danger,
it's allowed to die?
760
00:41:00,524 --> 00:41:02,583
- Objection.
- Withdrawn.
761
00:41:02,626 --> 00:41:07,029
Reverend, do you believe
that all religious rituals
762
00:41:07,064 --> 00:41:09,032
should be protected
by law?
763
00:41:09,066 --> 00:41:10,931
Objection. Relevance.
764
00:41:10,968 --> 00:41:13,163
Overruled.
I'll allow it.
765
00:41:13,204 --> 00:41:17,368
I believe that the government
should follow the Constitution
766
00:41:17,408 --> 00:41:19,740
and allow us
freedom of religion.
767
00:41:19,777 --> 00:41:23,406
So that if a church doctrine
called for beating children,
768
00:41:23,447 --> 00:41:26,109
or allowing them
to handle poisonous snakes?
769
00:41:26,150 --> 00:41:30,211
What if a religious ritual
called for leaving children naked in the snow?
770
00:41:30,254 --> 00:41:32,222
- Objection!
- Judge: Mr. Stone.
771
00:41:32,256 --> 00:41:34,850
Your Honor,
I'm through with this witness.
772
00:41:38,929 --> 00:41:43,025
Carpenter:
Mrs. Driscoll, do you blame yourself for your daughter's death?
773
00:41:51,775 --> 00:41:54,642
I did what was right.
774
00:41:54,678 --> 00:41:59,445
Maybe if I had
a fuller understanding of God,
775
00:41:59,483 --> 00:42:02,111
Dinah would be alive.
776
00:42:03,721 --> 00:42:05,712
Are you planning
to have another child?
777
00:42:05,756 --> 00:42:08,054
Yes.
778
00:42:08,092 --> 00:42:10,287
If your third child
became sick,
779
00:42:10,327 --> 00:42:13,319
would you go
to a doctor?
780
00:42:15,733 --> 00:42:18,930
Only if spiritual healing
didn't help.
781
00:42:18,969 --> 00:42:21,335
Only as a last resort.
782
00:42:23,407 --> 00:42:25,466
Thank you.
783
00:42:25,509 --> 00:42:28,034
No further questions.
784
00:42:29,713 --> 00:42:31,704
Mrs. Driscoll,
we've heard testimony
785
00:42:31,749 --> 00:42:33,808
that the night before
your daughter died
786
00:42:33,851 --> 00:42:36,149
you and your husband
argued about treating her.
787
00:42:36,186 --> 00:42:38,416
- Is that true?
- We had a disagreement.
788
00:42:38,455 --> 00:42:40,355
Weren't you shouting?
789
00:42:40,391 --> 00:42:43,258
We may have raised
our voices.
790
00:42:43,294 --> 00:42:45,159
Stone:
And what did you disagree about?
791
00:42:45,195 --> 00:42:47,925
Calling a doctor.
792
00:42:47,965 --> 00:42:49,694
Did Dinah
want a doctor?
793
00:42:49,733 --> 00:42:53,533
She wanted to know why her friends
had doctors and she didn't.
794
00:42:53,571 --> 00:42:55,801
And did you want
to summon medical help?
795
00:43:01,378 --> 00:43:03,744
No one's faith is perfect.
796
00:43:06,183 --> 00:43:10,017
Ted helped me to recover
my sense of faith in God's will.
797
00:43:10,054 --> 00:43:13,114
Answer the question,
Mrs. Driscoll.
798
00:43:13,157 --> 00:43:16,092
I'm trying to, Your Honor.
799
00:43:19,163 --> 00:43:23,623
I was afraid...
and Ted and I talked.
800
00:43:23,667 --> 00:43:25,794
What did you talk about?
801
00:43:25,836 --> 00:43:29,101
- Mr. Carpenter?
- No objection, Your Honor.
802
00:43:30,741 --> 00:43:33,676
The law does not require
that the witness
803
00:43:33,711 --> 00:43:36,043
answer questions
about her husband, Mrs. Driscoll.
804
00:43:36,080 --> 00:43:38,139
You may answer or not.
805
00:43:40,250 --> 00:43:43,777
Ted said he couldn't stand
to see me so upset.
806
00:43:50,427 --> 00:43:52,918
He said he wanted
to call a doctor.
807
00:43:54,765 --> 00:43:57,427
He started to call for help...
808
00:43:57,468 --> 00:44:00,767
and I told him no.
809
00:44:01,705 --> 00:44:05,869
He was putting his soul in danger
to save Dinah's life,
810
00:44:05,909 --> 00:44:08,139
because of my pain!
811
00:44:08,178 --> 00:44:10,874
Just because of me.
812
00:44:15,319 --> 00:44:18,186
Judge:
To reach a guilty verdict
813
00:44:18,222 --> 00:44:20,782
on the charge of manslaughter
in the second degree,
814
00:44:20,824 --> 00:44:23,452
the jury must find
that the defendants
815
00:44:23,494 --> 00:44:28,227
recklessly caused the death
of Dinah Driscoll.
816
00:44:29,566 --> 00:44:33,058
As to the charge of endangering
the welfare of a child,
817
00:44:33,103 --> 00:44:36,595
I further instruct you
that the Church of All Saints
818
00:44:36,640 --> 00:44:39,871
is a well-established church
819
00:44:39,910 --> 00:44:44,210
and you may not consider
the prudence of spiritual healing.
820
00:44:44,248 --> 00:44:46,876
Now you may consider
821
00:44:46,917 --> 00:44:51,877
whether the defendants, at the time
their daughter was extremely ill,
822
00:44:51,922 --> 00:44:58,418
sincerely believed
in the legitimacy of their religion
823
00:44:58,462 --> 00:45:02,626
to cure illness without benefit
of medical help.
824
00:45:02,666 --> 00:45:04,793
He buried the distinction.
825
00:45:04,835 --> 00:45:07,827
They'll think spiritual healing
is a defense for manslaughter.
826
00:45:07,871 --> 00:45:09,338
Why did he do it?
827
00:45:09,373 --> 00:45:13,173
Eight, nine other state judges
frame their instructions the same way.
828
00:45:13,210 --> 00:45:16,179
It practically guarantees
acquittal on endangering and manslaughter.
829
00:45:16,213 --> 00:45:18,943
They should
acquit on endangering. That's what the law says.
830
00:45:18,982 --> 00:45:21,849
- And manslaughter?
- Stone: You think they'll understand the difference?
831
00:45:21,885 --> 00:45:23,944
That's not
what worries me.
832
00:45:23,987 --> 00:45:26,683
We know that
technically they're guilty of manslaughter.
833
00:45:26,724 --> 00:45:29,887
But does the jury
even want to make the distinction?
834
00:45:32,730 --> 00:45:35,460
The defendant
Theodore Driscoll,
835
00:45:35,499 --> 00:45:37,524
on the charge of endangering
the welfare of a child,
836
00:45:37,568 --> 00:45:39,559
how does the jury find?
837
00:45:39,603 --> 00:45:42,003
We find the defendant
not guilty.
838
00:45:42,039 --> 00:45:44,303
Judge:
The defendant Nancy Driscoll,
839
00:45:44,341 --> 00:45:47,276
on the charge of endangering
the welfare of a child,
840
00:45:47,311 --> 00:45:51,611
- how does the jury find?
- We find the defendant not guilty.
841
00:45:52,916 --> 00:45:55,384
The defendant Theodore Driscoll
on the charge
842
00:45:55,419 --> 00:45:57,546
of manslaughter
in the second degree,
843
00:45:57,588 --> 00:45:59,146
how does the jury find?
844
00:45:59,189 --> 00:46:01,817
We find the defendant...
845
00:46:02,960 --> 00:46:04,825
guilty.
846
00:46:04,862 --> 00:46:06,955
The defendant Nancy Driscoll,
on the charge
847
00:46:06,997 --> 00:46:08,828
of manslaughter
in the second degree,
848
00:46:08,866 --> 00:46:10,857
how does the jury find?
849
00:46:10,901 --> 00:46:13,893
We find
the defendant guilty.
850
00:46:19,209 --> 00:46:21,507
Stone:
It never ceases to amaze me.
851
00:46:21,545 --> 00:46:23,536
Juries?
852
00:46:23,580 --> 00:46:25,741
To weed through
a complicated legal minefield,
853
00:46:25,783 --> 00:46:27,910
get bad instructions
from the judge
854
00:46:27,951 --> 00:46:29,976
and still come up
with the right verdict.
855
00:46:30,020 --> 00:46:32,352
What do you think
Judge Kurland will give them?
856
00:46:32,389 --> 00:46:34,516
My guess...
they won't spend a night in jail.
857
00:46:34,558 --> 00:46:37,356
Then what the hell's
the point?
858
00:46:37,394 --> 00:46:40,192
It's on the books,
it got press.
859
00:46:40,230 --> 00:46:43,028
Maybe next week, next month,
three years from now
860
00:46:43,066 --> 00:46:46,661
a parent will call a doctor
'cause they remember this conviction.
861
00:46:46,703 --> 00:46:50,264
And a child won't die.
That's the point.
862
00:47:01,718 --> 00:47:05,882
(theme music plays)
863
00:47:05,932 --> 00:47:10,482
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