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NARRATOR:
In the criminal justice system
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00:00:02,870 --> 00:00:06,784
the people are represented by two
separate yet equally important groups,
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00:00:06,840 --> 00:00:08,615
the police
who investigate crime
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00:00:08,675 --> 00:00:11,519
and the district attorneys
who prosecute the offenders.
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These are their stories.
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I told you, Susan. He's not in.
SUSAN: Do I look stupid?
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He told you to say
he's not in.
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I've got work to do.
I'll tell Mr. Parker...
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You'll tell him
to get his ass out here. Now.
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Do I have to call security?
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I assume
he's told you the big news.
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I don't know
what you're talking about.
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The SOB is walking out!
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Sixteen years,
and he's taking a hike!
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Please calm down. I don't need
to get in the middle of this.
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He killed my baby,
and he's taking a hike!
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That's a hell of a boss
you've got!
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Please lower your voice...
I wanna scream,
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I will scream!
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I want the world to know
all about my darling husband!
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Come on, Mrs. Parker.
Get your hands off me.
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(sun COCKING)
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I just want to talk
to my husband.
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Get the hell out of here,
will you?
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You're crazy!
I'm not crazy.
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You murdering bastard!
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Tell all these people!
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He kills my baby,
and then he walks out!
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I'm calling the cops.
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(suns FIRING)
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(PEOPLE SCREAMING)
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(POLICE RADIO CHATTERING)
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WALLACE: Twenty years
on the job down at the 2-7,
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never once pulled my piece.
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And I thought retirement
was gonna be boring.
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Hey, I had to shoot,
you know.
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The woman was off balance.
She wanted blood.
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Anybody's in particular?
Her hubby, Mr. Parker.
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First VP.
All right, stick around.
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Yeah.
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I thought they had a good marriage.
I was a little jealous.
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I guess she wasn't
trying to scare him.
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She was out of her skull,
you know what I mean?
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Screaming like a maniac.
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Was she screaming
anything specific?
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Something about Mr. Parker
killing her baby.
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I didn't even know
they had a baby.
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I thought I'd wet my pants.
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Oh, yeah, and she also said
that he was leaving her.
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Surprise. Surprise.
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If I had known she'd react this
way, I never would have...
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Never would have what,
Mr. Parker?
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Sixteen years we were married,
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and 10 of those
I wouldn't trade for anything.
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Three weeks ago,
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I moved out
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into a hotel.
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Witnesses said she was screaming
about you killing her baby.
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We'd been trying to
have a baby for five years.
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Susan was obsessed.
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She had a miscarriage.
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She said you had something
to do with that.
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Sure, it was my fault.
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It was also your fault
and the mailman's
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and the guy who sells watches
on the corner of 5th and 42nd.
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Yeah, well, you're the one
she took the shot at.
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Isn't it obvious
my wife wasn't rational?
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I thought about leaving her
for months.
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Yesterday,
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my attorney
served her with papers.
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Susan Parker, 40. DOA.
Shot by a security guard.
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Smart money says
it was justifiable.
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The DA okay with that?
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It's pretty hard to argue
with 30 eyewitnesses.
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This lady goes into a bank,
waves a .38 around.
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Actually took a shot
at the husband.
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He all right?
Yeah, he's a little shook up,
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but he'll get over it
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when he realizes how much money
he's saving on attorney's fees.
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He was divorcing her.
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What's this
about killing her baby?
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She had a miscarriage.
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Husband said she blamed
the whole world for it.
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Yeah, well, it appears she
was a little more specific.
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So what?
So, a middle-class woman
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starts taking potshots
in a midtown bank.
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There's gotta be
something more here.
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The party's over.
I mean, she's dead.
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Well, call me curious.
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I'd like to know what put her
in a position to get that way.
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Talk to the ME.
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Talk to him about what?
Yeah.
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She said he killed her baby.
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Maybe she was saner than her
husband would have us believe.
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I told you on the phone I haven't
completed the full autopsy.
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But you did do a prelim.
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Cause of death,
.38 in the back. You happy?
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What about bruises?
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Those bank floors are hard.
I wouldn't be surprised.
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Well, we're thinking maybe there
were some that were caused
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by a more human source.
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Look, you wanna give me a break?
I've gotta be in court in two hours.
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So, what's it gonna take? Two seconds
for you to look at the chart?
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Yes. Preliminary examination
revealed recent contusions.
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Consistent with a beating?
That's right.
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Now, if you don't mind.
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I already told you
my wife had a miscarriage.
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Maybe I should
get my attorney over here.
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Do you think you need one?
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Mr. Parker, the ME found
bruises on your wife's body.
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We're just interested in finding
out how they got there.
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How should I know?
Look what happened.
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My wife wasn't exactly rational.
Yeah,
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and Grandma always said
a smack in the head
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was the best cure
for the crazies.
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Look.
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All my wife talked about
was having a baby.
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Her kid sister had three.
All her friends...
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The more we tried,
the more desperate she got.
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Something worked.
Oh.
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Thank you, Dr. Gilbert.
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Some fertility expert.
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Thermometers, rushing home from
work in the middle of the day.
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We weren't making love,
we were on a mission.
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Listen,
let me be straight with you.
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Now, we heard that your wife
said that you killed her baby.
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The ME found bruises
on your wife's body.
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So, tell us what it's about,
Mr. Parker.
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Let me tell you about my wife.
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She was crazy ever since
she got on the baby kick.
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00:07:06,059 --> 00:07:07,834
And then the great
Dr. Jordan Gilbert
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starts pumping her
full of hormones every week.
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It didn't exactly help
her mental health.
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Did you get impatient with her?
Maybe give her a little incentive?
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After the miscarriage,
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Susan was
totally out of control.
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I tried to comfort her, be with her.
I mean, it was my baby, you know.
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But all she wanted to do was start again
with Gilbert and the hormone shots.
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I couldn't live like that
anymore. Nobody could.
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And you moved out?
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Yeah, I started packing,
and she attacked me.
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I lost my temper, but I swear
all I did was push her away.
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(HORNS HONKING)
Well.
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He's, what, 6' 2"?
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She's 5'3", tops. How hard
did he have to push her?
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5'3" and pumped
full of estrogen.
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Right. And a woman
can't be elected President
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because once a month she might
freak and push the button.
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Hey, once a month
Gloria can't get out of bed,
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and that's just with the
hormones God gave her.
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You know, Parker said his wife was
taking those shots for a long time.
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Maybe this isn't the first
time he lost his temper.
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Let's go talk
to this Dr. Gilbert.
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(BABY CRYING)
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My gallery of babies.
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We try to encourage my people
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to send birth announcements
and baby pictures.
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The Parkers' baby would have
been on this wall right here.
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About Susan Parker, Doctor.
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The last time you saw her...
It happens.
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Excuse me?
The miscarriage.
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She came in panicked about two weeks ago.
She was bleeding.
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There was nothing I could do.
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Susan didn't take it
very well.
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Well, that's understandable.
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Susan had a tendency
to overreact.
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The treatments didn't help.
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You talking about
the hormones?
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It aids in conception, yes.
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My heart really
went out to her.
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She kept screaming,
telling me I was wrong.
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Unfortunately, I wasn't wrong.
It's traumatic,
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but it would have been much
worse later in the pregnancy.
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Susan was only
eight and a half weeks.
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Do you know exactly
what caused the miscarriage?
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It's hard to say.
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She was too emotional
for a complete exam.
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It could have been many things. My
patients are typically high-risk.
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LOGAN: You saw her
once a week, right?
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Did you notice any bruises that
shouldn't have been there?
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What are you saying?
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You think her husband beat her up?
Brandon?
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Yes, there were problems
in the marriage, but abuse?
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Susan would've told me.
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00:09:41,314 --> 00:09:43,157
Well, maybe she wasn't
all that proud of it.
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The women who come to me
want to get pregnant.
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I'm the last resort.
I know everything about them.
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When and what they eat,
how much they sleep,
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what kind of nail polish
they use.
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Is that important?
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Everything is important
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when you want to get pregnant.
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00:10:01,334 --> 00:10:03,940
Keeping secrets from me
would be counterproductive.
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00:10:04,003 --> 00:10:07,246
It would be
like going to confession
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00:10:07,307 --> 00:10:09,685
and not telling
the whole truth.
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00:10:09,976 --> 00:10:12,149
You may want it
more than life itself,
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00:10:12,212 --> 00:10:14,658
but you're not
getting absolution.
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00:10:15,482 --> 00:10:18,793
The nuns at my school were less
sanctimonious than that guy.
199
00:10:18,852 --> 00:10:21,025
Your nuns never went
to medical school.
200
00:10:21,087 --> 00:10:23,966
You know those MD plates gets you
a better parking spot in heaven.
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00:10:24,023 --> 00:10:26,560
Hey, with the fetus
less than three months old,
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00:10:26,626 --> 00:10:28,765
even if Parker beat his wife
to a pulp,
203
00:10:28,828 --> 00:10:30,034
he didn't commit a murder.
204
00:10:30,096 --> 00:10:31,598
Let's get back
to our real jobs.
205
00:10:31,664 --> 00:10:34,406
Hey, Van Buren wants us to check
it out for spousal abuse.
206
00:10:34,467 --> 00:10:35,741
Think of it like a vacation.
207
00:10:35,802 --> 00:10:37,975
First of all, we don't have
a complaining witness.
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00:10:38,037 --> 00:10:40,347
Second of all, we just heard
from the mouth of God
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00:10:40,406 --> 00:10:41,476
that the husband was a saint.
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00:10:41,541 --> 00:10:43,487
Well, God never gave her
a full exam.
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00:10:43,543 --> 00:10:45,318
Now, something caused
that miscarriage.
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00:10:45,378 --> 00:10:47,324
Let's see if Coyle
can fit us in.
213
00:10:48,281 --> 00:10:50,591
Well, you were right.
She was in some kind of fight.
214
00:10:50,650 --> 00:10:52,152
Well, bottom line it for us,
Coyle.
215
00:10:52,218 --> 00:10:54,664
Was Susan Parker the attacker
or the attackee?
216
00:10:54,721 --> 00:10:55,859
Let me show you.
217
00:10:55,922 --> 00:10:57,868
I'm Mrs. Parker. I go at you,
218
00:10:57,924 --> 00:11:01,371
so you grasp my wrists tight
and hold them away from you.
219
00:11:01,594 --> 00:11:02,698
Now, I'm struggling.
220
00:11:02,762 --> 00:11:04,241
I want to
scratch your eyes out,
221
00:11:04,297 --> 00:11:06,937
but you push me away,
and I land on my butt,
222
00:11:07,000 --> 00:11:08,946
banging my elbows
on the floor.
223
00:11:09,302 --> 00:11:12,511
The deceased had hematomas on her
wrists, right where you grabbed me.
224
00:11:12,572 --> 00:11:14,574
Her left elbow and buttock
revealed contusions
225
00:11:14,641 --> 00:11:16,245
probably from falling
on the floor.
226
00:11:16,309 --> 00:11:18,949
And you have no old bruises
or broken ribs?
227
00:11:19,012 --> 00:11:20,218
Sorry.
228
00:11:20,313 --> 00:11:22,259
So,
Parker's telling the truth.
229
00:11:22,315 --> 00:11:24,761
Are you sure there was nothing
on her chest or her stomach?
230
00:11:24,817 --> 00:11:26,728
Something that would cause her
to lose her baby?
231
00:11:26,786 --> 00:11:27,890
Baby?
232
00:11:28,021 --> 00:11:30,729
What baby?
This lady was never pregnant.
233
00:11:34,727 --> 00:11:36,934
What do you mean
she wasn't pregnant?
234
00:11:36,996 --> 00:11:40,375
The ME's absolutely positive,
Mr. Parker.
235
00:11:41,100 --> 00:11:42,306
My God!
236
00:11:42,468 --> 00:11:45,312
Are you sure Gilbert told
your wife she was pregnant?
237
00:11:45,371 --> 00:11:48,784
He told her, all right. I was
standing there when he did.
238
00:11:48,841 --> 00:11:51,185
Gilbert told us
the same thing.
239
00:11:51,344 --> 00:11:52,880
You're going to arrest him,
right?
240
00:11:52,946 --> 00:11:54,948
There's nothing
we'd like better.
241
00:11:55,014 --> 00:11:56,152
What are you saying?
242
00:11:56,216 --> 00:12:00,028
The bottom line is all Gilbert did is
lie to your wife. It's not a crime.
243
00:12:00,086 --> 00:12:02,657
Lying's not a crime.
He took our money. It's fraud.
244
00:12:02,722 --> 00:12:05,396
Only if he knew
his treatment wouldn't work.
245
00:12:05,458 --> 00:12:07,995
The truth is
none of us know what happened.
246
00:12:08,127 --> 00:12:11,074
It could have been
a simple misdiagnosis.
247
00:12:11,764 --> 00:12:14,244
Doctors make mistakes.
Oh, some mistake.
248
00:12:14,334 --> 00:12:16,143
First he makes her crazy.
Then he gets her killed.
249
00:12:16,202 --> 00:12:18,113
And you can't do anything
about it!
250
00:12:18,171 --> 00:12:19,878
Well, that's just great.
251
00:12:21,474 --> 00:12:25,183
You know, this doctor could
have one hell of a scam going.
252
00:12:25,278 --> 00:12:26,416
Think about it.
253
00:12:26,479 --> 00:12:30,859
He takes the big fees, and he pumps
his patients full of this HCG stuff.
254
00:12:30,917 --> 00:12:33,488
It doesn't work.
They start to get antsy,
255
00:12:33,553 --> 00:12:36,056
so he tells them what they want
to hear, they're pregnant.
256
00:12:36,122 --> 00:12:37,362
A couple of weeks later,
257
00:12:37,423 --> 00:12:40,632
"Sorry, you lost the baby. Too bad.
These things happen."
258
00:12:40,693 --> 00:12:42,138
Then he starts all over again
259
00:12:42,195 --> 00:12:43,833
and so do the big fees.
260
00:12:43,896 --> 00:12:47,503
The problem is Mrs. Parker
isn't available to testify.
261
00:12:48,468 --> 00:12:50,345
This doctor
has other patients, right?
262
00:12:50,403 --> 00:12:52,644
I'm sure he'll be happy
to send us his list.
263
00:12:52,705 --> 00:12:55,049
He will
if a judge tells him to.
264
00:12:58,745 --> 00:13:00,349
He convinced this woman
she was pregnant.
265
00:13:00,413 --> 00:13:01,983
And she wasn't?
No.
266
00:13:02,048 --> 00:13:04,324
Isn't it possible
he made a mistake?
267
00:13:04,484 --> 00:13:05,690
Well, I don't think so.
268
00:13:05,752 --> 00:13:08,164
He obviously showed her
someone else's sonogram.
269
00:13:08,221 --> 00:13:09,666
And there's a crime here?
270
00:13:09,722 --> 00:13:12,362
There is if it's part
of a scheme to defraud.
271
00:13:12,759 --> 00:13:14,238
Gilbert could be
selling pregnancies
272
00:13:14,294 --> 00:13:17,332
like some con man
hawking swampland in Florida.
273
00:13:17,730 --> 00:13:18,902
And what do you want?
274
00:13:18,965 --> 00:13:21,036
A subpoena for his patients'
medical records.
275
00:13:21,100 --> 00:13:23,478
I want to see if there were
any other false miscarriages.
276
00:13:23,536 --> 00:13:25,675
You know
I can't violate privilege.
277
00:13:25,738 --> 00:13:27,979
If we're right,
he's committing a felony.
278
00:13:28,041 --> 00:13:30,920
His medical records were never
privileged in the first place.
279
00:13:30,977 --> 00:13:32,547
So,
I have to violate privilege
280
00:13:32,612 --> 00:13:36,025
to prove criminal activity
in order to destroy privilege.
281
00:13:36,416 --> 00:13:38,760
Running in circles
makes me dizzy, Counselor.
282
00:13:38,818 --> 00:13:40,559
If we can just talk
to these women,
283
00:13:40,620 --> 00:13:43,931
I'm sure the last thing
they'll scream is privilege.
284
00:13:44,991 --> 00:13:46,026
(SIGHS)
285
00:13:46,092 --> 00:13:47,765
I'll give you your subpoena,
Counselor,
286
00:13:47,827 --> 00:13:49,670
but only
for the express purpose
287
00:13:49,729 --> 00:13:52,005
of getting the names
of Dr. Gilbert's patients
288
00:13:52,065 --> 00:13:54,067
who allegedly miscarried.
289
00:13:55,635 --> 00:13:59,674
Barbara Goodman,
43. Marian Combs, 45.
290
00:14:00,206 --> 00:14:02,584
Sharon Lowe, 46.
291
00:14:02,675 --> 00:14:05,212
Nothing like waiting
till the last minute.
292
00:14:05,278 --> 00:14:07,918
Maybe they had
something better to do.
293
00:14:08,881 --> 00:14:10,918
You know, if I didn't already
know you don't have kids,
294
00:14:10,983 --> 00:14:12,963
I'd know you don't have kids.
295
00:14:13,019 --> 00:14:16,262
I'm just saying, Lennie, women are
allowed to have other priorities.
296
00:14:16,322 --> 00:14:18,324
It's a long way from the '50s.
297
00:14:18,391 --> 00:14:21,668
Yeah, and those other priorities are
keeping Dr. Gilbert in business.
298
00:14:21,728 --> 00:14:24,800
I got 23 names
that had miscarriages.
299
00:14:24,931 --> 00:14:27,138
I already got 26.
300
00:14:27,600 --> 00:14:29,602
That ought to be enough.
301
00:14:32,638 --> 00:14:35,414
Hell, I could party
with the best of them.
302
00:14:35,475 --> 00:14:38,319
There was always time
for kids later.
303
00:14:38,378 --> 00:14:40,187
When Mr. Right comes along?
304
00:14:40,980 --> 00:14:44,792
Mr. Right's whoever you happen to end
up with when you run out of gas.
305
00:14:44,951 --> 00:14:46,658
Mine's an investment banker.
306
00:14:46,719 --> 00:14:49,256
All I had to do
was give him a son.
307
00:14:49,455 --> 00:14:53,028
Problem is it's not as easy
as they taught us in sex ed.
308
00:14:54,327 --> 00:14:57,069
You did have a miscarriage, right?
Two.
309
00:14:58,031 --> 00:15:01,638
After the first, my friend Clara
Brock told me about Dr. Gilbert.
310
00:15:01,801 --> 00:15:04,441
She was in the same boat, and
he'd worked wonders for her.
311
00:15:04,504 --> 00:15:08,077
Were you taking his HCG hormones
when you had the second one?
312
00:15:08,708 --> 00:15:11,018
I started hemorrhaging
on the E train.
313
00:15:11,177 --> 00:15:13,783
Strangers took me
to Saint Vincent's.
314
00:15:15,648 --> 00:15:17,355
Are you're still trying?
315
00:15:18,885 --> 00:15:20,558
I'm 42 years old.
316
00:15:21,788 --> 00:15:23,062
What the hell?
317
00:15:23,122 --> 00:15:26,194
Selling expensive dresses
is plenty fulfilling.
318
00:15:28,361 --> 00:15:30,272
It blew us away.
319
00:15:30,329 --> 00:15:32,468
We are so excited,
we can't stand it.
320
00:15:32,532 --> 00:15:33,909
BRISCOE: Thank you.
Sit.
321
00:15:34,300 --> 00:15:37,509
We're in our eighth month.
It's like a miracle.
322
00:15:37,570 --> 00:15:39,948
We owe it all to Dr. Gilbert.
323
00:15:40,406 --> 00:15:42,909
According to records,
you had a miscarriage.
324
00:15:42,975 --> 00:15:44,784
Yeah, once on the Nautilus.
325
00:15:45,011 --> 00:15:47,514
Dr. Gilbert insisted
I stop working out.
326
00:15:47,747 --> 00:15:50,318
Were you on the hormone
treatments at the time?
327
00:15:50,383 --> 00:15:52,556
Infertility wasn't my problem.
328
00:15:52,618 --> 00:15:55,064
We had to find someone
to fertilize Beth's eggs,
329
00:15:55,121 --> 00:15:58,625
and Gilbert had the answer.
Donor number 2133x.
330
00:15:59,325 --> 00:16:01,032
Artificial insemination.
331
00:16:01,427 --> 00:16:04,408
It's the best relationship
lever had with a man.
332
00:16:04,463 --> 00:16:06,704
I thought it was
supposed to be anonymous.
333
00:16:06,766 --> 00:16:08,677
That's exactly my point.
334
00:16:10,369 --> 00:16:13,680
I gotta ask you, don't you ever wonder?
Why would I?
335
00:16:13,773 --> 00:16:16,014
Dr. Gilbert assured us
the donor's healthy.
336
00:16:16,075 --> 00:16:18,316
Well, I just hope
he didn't get around too much.
337
00:16:18,377 --> 00:16:22,189
Dr. Gilbert told us a donor's
sperm is used four times, tops.
338
00:16:22,281 --> 00:16:23,817
In a city of eight million,
339
00:16:23,883 --> 00:16:26,022
what are the odds our son will
ever meet one of his sisters,
340
00:16:26,085 --> 00:16:27,462
let alone have a baby
with her?
341
00:16:27,520 --> 00:16:29,898
Look, we couldn't find out who the
father was even if we wanted to.
342
00:16:29,956 --> 00:16:31,299
It's strictly confidential.
343
00:16:31,357 --> 00:16:34,201
All we know is he doesn't smoke.
He doesn't drink.
344
00:16:34,527 --> 00:16:35,938
No criminal record,
345
00:16:36,529 --> 00:16:38,008
and he's a Roman Catholic.
346
00:16:38,064 --> 00:16:40,772
Don't forget
he's got Bette Davis eyes.
347
00:16:45,438 --> 00:16:49,784
Brother, and I thought I had it bad
being brought up by two alcoholics.
348
00:16:50,076 --> 00:16:52,852
I wonder which mommy's gonna
teach him to smoke and drink.
349
00:16:52,912 --> 00:16:54,016
And shave.
350
00:16:54,480 --> 00:16:55,515
Well, it's the '90s.
351
00:16:55,581 --> 00:16:58,960
Everybody's allowed to be gross
and disgusting, not just you.
352
00:16:59,552 --> 00:17:01,828
Well, all I know
is I had one mommy,
353
00:17:01,888 --> 00:17:04,664
and she did enough ball-breaking
for one lifetime.
354
00:17:04,724 --> 00:17:06,670
Hey, what was that
party animal's name?
355
00:17:06,726 --> 00:17:09,070
The one that recommended
Dr. Gilbert.
356
00:17:13,099 --> 00:17:14,806
Clara Brock.
357
00:17:14,867 --> 00:17:18,041
Yeah, she had a miscarriage,
right? That's what she said.
358
00:17:18,204 --> 00:17:19,945
Her name's not on the list.
359
00:17:26,045 --> 00:17:28,821
So, I took Dr. Gilbert's hormone
treatments for two years.
360
00:17:28,881 --> 00:17:30,485
Well,
I guess it finally worked.
361
00:17:30,550 --> 00:17:32,154
CHILD: No.
Well, not that well.
362
00:17:32,218 --> 00:17:35,756
It took forever to conceive, and
then I had several miscarriages.
363
00:17:35,821 --> 00:17:38,028
It was the most
traumatic time of my life.
364
00:17:38,090 --> 00:17:41,333
You miscarried while you were
taking the hormone treatments?
365
00:17:41,394 --> 00:17:44,398
Two months after I stopped,
along comes Bobby.
366
00:17:44,564 --> 00:17:46,237
You know,
your friend Christine Kennedy
367
00:17:46,299 --> 00:17:49,371
says you conceived by
artificial insemination, right?
368
00:17:49,535 --> 00:17:51,014
Actually, it was in vitro.
369
00:17:51,070 --> 00:17:53,414
My egg was fertilized
with my husband's sperm
370
00:17:53,472 --> 00:17:55,042
outside of my uterus.
371
00:17:55,141 --> 00:17:57,417
The rest of the process
was perfectly normal.
372
00:17:57,477 --> 00:18:00,947
Excuse me, it's 12:30. We can't
be late for Mommy and Me.
373
00:18:01,013 --> 00:18:03,220
(BABY CRYING)
374
00:18:03,849 --> 00:18:06,625
She takes the hormone
treatment for two years,
375
00:18:06,686 --> 00:18:08,825
stops and then gets pregnant?
376
00:18:08,955 --> 00:18:12,095
I'm starting to wonder
if this stuff ever works.
377
00:18:13,292 --> 00:18:14,669
Here's one.
378
00:18:14,727 --> 00:18:17,674
Three years of hormone
treatments, nothing.
379
00:18:18,130 --> 00:18:19,837
You'd think she'd catch on.
380
00:18:19,899 --> 00:18:22,880
Hey, I'm still waiting for Ed
McMahon to show up at my door.
381
00:18:22,935 --> 00:18:24,972
The louder
the biological clock ticks,
382
00:18:25,037 --> 00:18:27,415
the richer Dr. Gilbert gets.
383
00:18:27,473 --> 00:18:30,352
Here's one.
Six months on the juice,
384
00:18:30,409 --> 00:18:31,410
twins.
385
00:18:32,178 --> 00:18:34,215
Could be
Gilbert just got lucky.
386
00:18:36,182 --> 00:18:37,684
The two girlfriends?
387
00:18:37,850 --> 00:18:39,761
Who'd they say the donor was?
388
00:18:42,521 --> 00:18:45,593
Donor number 2133x.
389
00:18:46,993 --> 00:18:49,803
I just found
the baby's half brother.
390
00:18:49,929 --> 00:18:51,806
John Joseph Desouza.
391
00:18:51,864 --> 00:18:54,310
He lives down the block
from them.
392
00:18:54,567 --> 00:18:56,240
You think we should tell them?
393
00:18:56,302 --> 00:18:59,681
What's the point? He might
not have Bette Davis eyes.
394
00:19:00,573 --> 00:19:01,847
Wait a minute,
395
00:19:03,009 --> 00:19:04,886
here's another one.
396
00:19:04,944 --> 00:19:07,550
Donor number 2133x.
397
00:19:07,647 --> 00:19:09,524
This guy gets around.
398
00:19:09,582 --> 00:19:11,391
A little more than he should.
399
00:19:14,754 --> 00:19:17,360
I got three more.
You're kidding.
400
00:19:18,424 --> 00:19:19,767
I got one.
401
00:19:21,761 --> 00:19:23,138
I got two.
402
00:19:25,698 --> 00:19:27,837
Didn't Dr. Gilbert
tell his patients
403
00:19:27,900 --> 00:19:30,642
he only used
each donor four times?
404
00:19:36,208 --> 00:19:37,585
Oh, my God.
405
00:19:37,743 --> 00:19:39,984
It's like bad science fiction.
406
00:19:40,413 --> 00:19:41,653
Are you absolutely sure?
407
00:19:41,714 --> 00:19:44,092
There are 42 women
artificially inseminated
408
00:19:44,150 --> 00:19:45,686
with the same donor's sperm.
409
00:19:45,751 --> 00:19:48,755
I've gotta believe they
expected a little variation.
410
00:19:48,821 --> 00:19:50,061
We're talking fraud.
411
00:19:50,122 --> 00:19:53,069
And we'd have a great case if we
actually knew about any of this.
412
00:19:53,125 --> 00:19:55,799
Excuse me?
We have the medical records.
413
00:19:55,861 --> 00:19:59,968
Forty-two babies
can call Mr. 2133x Daddy.
414
00:20:00,032 --> 00:20:01,739
Only the subpoena was limited.
415
00:20:01,801 --> 00:20:03,906
We were entitled to use
the medical records
416
00:20:03,969 --> 00:20:07,212
to obtain the names of women
with miscarriages. Period.
417
00:20:07,273 --> 00:20:10,254
Outside of that, everything on
those records is inadmissible.
418
00:20:10,309 --> 00:20:13,756
Unless we get a judge
with a little common sense.
419
00:20:17,216 --> 00:20:20,129
If I allow you to bring charges based
on what you got and where you got it,
420
00:20:20,186 --> 00:20:22,063
I'd be looking
at a sure-fire reversal.
421
00:20:22,121 --> 00:20:24,397
Now, I'm sure you know this
hasn't been a very good year.
422
00:20:24,457 --> 00:20:26,232
What about
inevitable discovery?
423
00:20:26,292 --> 00:20:27,600
The only thing
that's inevitable
424
00:20:27,660 --> 00:20:29,333
is that you wouldn't have
given a second thought
425
00:20:29,395 --> 00:20:30,669
to this artificial
insemination
426
00:20:30,730 --> 00:20:32,801
but for the unlawful use
of medical records.
427
00:20:32,865 --> 00:20:35,277
Most of the 42 babies
live in the Upper West Side.
428
00:20:35,334 --> 00:20:37,314
They'll grow up together,
go to the same schools...
429
00:20:37,369 --> 00:20:38,814
I've seen Deliverance, Claire.
430
00:20:38,871 --> 00:20:42,751
Now, look, I can bend as far
right as the next guy in a robe
431
00:20:43,209 --> 00:20:47,214
when a cop pushes the envelope
or a prosecutor screws up,
432
00:20:47,713 --> 00:20:50,250
but doctor-patient privilege,
that's another ball game.
433
00:20:50,316 --> 00:20:53,024
I'm sorry,
but there's no way around it.
434
00:20:54,153 --> 00:20:55,154
Fine.
435
00:20:59,091 --> 00:21:01,935
Look, I'm the only one
in the DA's office
436
00:21:01,994 --> 00:21:04,167
who knows
what Dr. Gilbert's up to.
437
00:21:05,331 --> 00:21:07,174
I'll set up a Chinese wall.
438
00:21:07,233 --> 00:21:09,770
Someone else in the office
will handle the case.
439
00:21:09,835 --> 00:21:13,146
And you'll cross your heart
not to talk to them about it?
440
00:21:13,205 --> 00:21:14,206
No.
441
00:21:14,640 --> 00:21:17,678
But I will sign an affidavit swearing
not to communicate in any way
442
00:21:17,743 --> 00:21:21,748
with the new attorney regarding
the unlawfully obtained material.
443
00:21:21,881 --> 00:21:23,724
If you even peek
over the wall, Counselor,
444
00:21:23,783 --> 00:21:26,263
you can kiss
your license goodbye.
445
00:21:26,419 --> 00:21:29,025
Chinese wall?
And he actually bought it?
446
00:21:29,422 --> 00:21:31,766
As long as I signed
my life away.
447
00:21:31,824 --> 00:21:33,531
I tell anyone anything
that I know,
448
00:21:33,592 --> 00:21:36,232
I'm on the express train
to the Disciplinary Committee.
449
00:21:36,295 --> 00:21:37,603
Is it worth it?
450
00:21:38,097 --> 00:21:39,599
Yeah, it's worth it.
451
00:21:40,499 --> 00:21:42,672
So, who do we send
on this wild-goose chase?
452
00:21:42,735 --> 00:21:47,013
Well, I don't remember seeing any
vacation memos with your name on it.
453
00:21:48,274 --> 00:21:51,847
Ms. Kincaid goes out on a limb,
she puts her career on the line.
454
00:21:51,911 --> 00:21:53,982
It must be comforting to her
455
00:21:54,046 --> 00:21:56,549
to know that she's got
90% of your support.
456
00:22:01,287 --> 00:22:04,029
You'll take
the Dworkin severance motion?
457
00:22:06,092 --> 00:22:09,699
Judge Spivack,
Part 93, tomorrow at 9:30.
458
00:22:09,795 --> 00:22:10,933
You got it.
459
00:22:12,064 --> 00:22:13,907
And I'll go chase my tail.
460
00:22:14,100 --> 00:22:15,977
Start by using your head.
461
00:22:16,135 --> 00:22:18,979
The cops were investigating
another fraud
462
00:22:19,038 --> 00:22:20,517
when they hit the motherlode.
463
00:22:20,573 --> 00:22:24,578
Now, what's the first thing you think
of when you hear the word "fraud"?
464
00:22:24,643 --> 00:22:26,350
Financial records.
465
00:22:26,846 --> 00:22:28,291
I don't give a damn
what it says.
466
00:22:28,347 --> 00:22:31,851
I'm not giving you anything
until my attorney gets here.
467
00:22:31,917 --> 00:22:33,658
You can be held
in contempt, sir.
468
00:22:33,719 --> 00:22:37,758
I understand everyone being upset
over what happened to Susan Parker.
469
00:22:37,823 --> 00:22:41,293
Believe me, I feel for her
more than you can imagine.
470
00:22:43,028 --> 00:22:46,475
But disrupting my practice? Well,
if you have nothing to hide...
471
00:22:46,532 --> 00:22:49,308
My patients expect
some sort of privacy.
472
00:22:49,368 --> 00:22:51,370
They rely on it,
for God's sake.
473
00:22:51,637 --> 00:22:52,980
Thank God.
474
00:22:53,038 --> 00:22:56,110
Michael, will you tell me
what's going on here?
475
00:22:56,575 --> 00:22:59,613
Mr. McCoy, I'm Michael Aronson.
I represent Dr. Gilbert.
476
00:22:59,678 --> 00:23:01,351
Good. Then you can explain
to your client
477
00:23:01,413 --> 00:23:03,859
the meaning
of a subpoena duces tecum.
478
00:23:03,916 --> 00:23:05,327
We've been though this
once already
479
00:23:05,384 --> 00:23:07,125
with someone from your office
named Kincaid.
480
00:23:07,186 --> 00:23:08,688
Don't you people
talk to each other?
481
00:23:08,754 --> 00:23:11,064
If you'd read the subpoena,
you'll see that this time
482
00:23:11,123 --> 00:23:13,763
we're asking for Dr. Gilbert's
financial records.
483
00:23:13,826 --> 00:23:16,739
I've been practicing medicine
for 28 years.
484
00:23:16,962 --> 00:23:19,738
How dare you... Now, it's all right, Jordan.
It's all right.
485
00:23:19,798 --> 00:23:21,800
We'll give them the documents.
486
00:23:21,867 --> 00:23:26,043
And while they're reading them, I'll be
drafting my complaint for harassment.
487
00:23:29,808 --> 00:23:32,049
Well, Claire convinced Spivack
488
00:23:32,478 --> 00:23:35,857
to dismiss
the severance motion.
489
00:23:36,215 --> 00:23:38,024
The Dworkins
will be tried together.
490
00:23:38,083 --> 00:23:39,562
Lucky her.
491
00:23:40,886 --> 00:23:42,160
No wild geese?
492
00:23:43,322 --> 00:23:45,962
Well,
Gilbert made a lot of money.
493
00:23:47,159 --> 00:23:50,163
Some of these women
paid him more than $50,000.
494
00:23:50,229 --> 00:23:53,039
If you're going to be desperate,
you might as well be rich.
495
00:23:53,098 --> 00:23:55,009
I checked with other
infertility doctors.
496
00:23:55,067 --> 00:23:57,980
His fees are not
out of line.
497
00:23:59,638 --> 00:24:00,946
Just a minute.
498
00:24:05,010 --> 00:24:09,015
Three years ago,
Gilbert collected $650,000.
499
00:24:10,049 --> 00:24:12,290
Last year,
he was down to $580,000.
500
00:24:13,819 --> 00:24:15,856
Recession's been rough
on everybody.
501
00:24:15,921 --> 00:24:18,060
Yeah, but his net profits
went up, Adam.
502
00:24:18,123 --> 00:24:21,070
And his expenses went down.
That's right.
503
00:24:22,061 --> 00:24:25,042
And the biggest drop
was in laboratory costs.
504
00:24:25,564 --> 00:24:27,601
HIV tests on donor's sperm
505
00:24:27,666 --> 00:24:31,808
for patients undergoing
artificial insemination,
506
00:24:33,706 --> 00:24:36,414
$75,000 in '91.
507
00:24:36,842 --> 00:24:38,947
And down to zero last year.
508
00:24:39,478 --> 00:24:42,186
Could be that the labs are
billing the patients direct.
509
00:24:42,248 --> 00:24:46,094
Or else he's playing Russian
roulette with these babies' lives.
510
00:24:51,657 --> 00:24:56,037
There are perhaps seven reputable
infertility clinics in the five boroughs.
511
00:24:56,095 --> 00:24:59,133
As far as I know, we do the
testing for all of them.
512
00:24:59,832 --> 00:25:02,142
You did the work for
Dr. Gilbert, too, didn't you?
513
00:25:02,201 --> 00:25:04,078
He was high volume.
514
00:25:04,370 --> 00:25:06,976
When he dropped maybe 75%
three years ago,
515
00:25:07,039 --> 00:25:09,144
I figured
his business was off.
516
00:25:09,208 --> 00:25:11,916
Then two years ago
he went down to zero.
517
00:25:12,044 --> 00:25:14,752
I assumed he found some
out-of-town lab to do the work.
518
00:25:14,813 --> 00:25:17,487
Or he decided it wasn't
necessary to keep testing.
519
00:25:17,549 --> 00:25:19,790
Well, then,
I hope he has a good lawyer.
520
00:25:19,852 --> 00:25:22,059
Do you know what the odds
of having an infected baby are
521
00:25:22,121 --> 00:25:25,432
if an egg is fertilized
by an HIV-positive sperm?
522
00:25:25,691 --> 00:25:27,329
You don't want to know.
523
00:25:27,826 --> 00:25:29,806
People are paranoid,
524
00:25:29,862 --> 00:25:31,637
and for good reason.
525
00:25:32,131 --> 00:25:33,906
Why is the testing
so expensive?
526
00:25:33,966 --> 00:25:35,240
Well, the way it works is,
527
00:25:35,301 --> 00:25:38,407
we receive the donor sperm.
We freeze it for 60 days,
528
00:25:38,470 --> 00:25:39,608
then we test it.
529
00:25:39,672 --> 00:25:41,743
It is expensive
and time-consuming,
530
00:25:41,807 --> 00:25:45,254
but it's also the safest way
known to medical science.
531
00:25:45,544 --> 00:25:47,785
Open up medical records?
532
00:25:47,846 --> 00:25:50,417
I'm sure you've heard
of doctor-patient privilege.
533
00:25:50,482 --> 00:25:53,292
Which is supposed to
protect the patient.
534
00:25:54,486 --> 00:25:56,727
There's a possibility
that Dr. Gilbert
535
00:25:56,789 --> 00:25:59,531
was using infected sperm.
536
00:26:00,092 --> 00:26:01,332
Infected as in...
537
00:26:01,393 --> 00:26:06,433
Dr. Gilbert stopped running HIV
tests on donor sperm two years ago.
538
00:26:07,599 --> 00:26:09,306
My God.
539
00:26:09,802 --> 00:26:11,509
This is a licensed physician?
540
00:26:11,570 --> 00:26:13,481
If any of the babies
are infected,
541
00:26:13,539 --> 00:26:16,349
Gilbert's acting
with reckless disregard.
542
00:26:16,642 --> 00:26:18,918
It's a crime.
It can't be privileged.
543
00:26:19,311 --> 00:26:21,814
And if none of them
are infected?
544
00:26:22,047 --> 00:26:24,687
We have disregarded
one of the tenets
545
00:26:25,117 --> 00:26:26,619
of personal freedom.
546
00:26:27,152 --> 00:26:29,928
Somehow I think the parents
will thank us for it.
547
00:26:37,396 --> 00:26:38,568
It can't be.
548
00:26:38,864 --> 00:26:40,138
You're wrong.
549
00:26:40,199 --> 00:26:44,011
I hope I am, too, Mrs. Cooper,
but I think we should be safe.
550
00:26:44,203 --> 00:26:45,443
A blood test...
551
00:26:45,504 --> 00:26:47,313
Dr. Gilbert told us
that the donor was healthy.
552
00:26:47,373 --> 00:26:48,613
We didn't have to worry.
553
00:26:48,674 --> 00:26:49,778
We have reason to believe
554
00:26:49,842 --> 00:26:52,789
that Dr. Gilbert
has been less than honest.
555
00:26:53,512 --> 00:26:54,513
No.
556
00:26:54,980 --> 00:26:56,721
He gave us Dennis.
557
00:26:56,782 --> 00:26:58,784
He wouldn't lie.
He couldn't...
558
00:27:00,252 --> 00:27:01,526
I don't have to listen to you.
559
00:27:01,587 --> 00:27:02,827
No, you don't.
560
00:27:03,689 --> 00:27:05,259
But if it were my son...
561
00:27:14,566 --> 00:27:16,204
There are times
when I love this job.
562
00:27:16,268 --> 00:27:19,112
Thirty-one blood samples.
All HIV-negative.
563
00:27:19,171 --> 00:27:21,310
Thank you for small favors.
564
00:27:21,874 --> 00:27:23,444
I should tell the parents.
565
00:27:23,509 --> 00:27:26,718
No need. I already received
17 bottles of champagne
566
00:27:26,779 --> 00:27:28,383
and eight bottles of Scotch.
567
00:27:28,447 --> 00:27:30,120
The bearer of good news.
568
00:27:30,315 --> 00:27:32,659
Well, it wasn't all good.
569
00:27:33,685 --> 00:27:37,155
It's the strangest thing. Twenty-five
of these babies are CF carriers.
570
00:27:37,222 --> 00:27:39,361
What's CF?
Cystic fibrosis.
571
00:27:39,825 --> 00:27:42,431
It's a recessive trait,
like blue eyes.
572
00:27:42,528 --> 00:27:43,939
They'll never show
any symptoms,
573
00:27:43,996 --> 00:27:47,000
but if they happen to make
babies with another carrier...
574
00:27:47,065 --> 00:27:48,703
The disease will show up.
575
00:27:48,767 --> 00:27:50,872
Two carriers connect,
576
00:27:50,936 --> 00:27:54,474
it's a one-in-four chance
the kid'll be affected.
577
00:27:55,140 --> 00:27:59,316
CF carriers are a very small part of
the population, but still it's a risk.
578
00:27:59,378 --> 00:28:01,915
If they're a small
part of the population,
579
00:28:02,047 --> 00:28:04,926
isn't it odd that so many of
these babies are carriers?
580
00:28:04,983 --> 00:28:07,293
Well, it's either cause
for an article
581
00:28:07,352 --> 00:28:09,992
in The New England Journal
of Medicine, or...
582
00:28:11,190 --> 00:28:13,363
They're all related.
583
00:28:16,795 --> 00:28:20,265
It looks like the Chinese wall
just came tumbling down.
584
00:28:21,133 --> 00:28:22,908
You talk. I can't.
585
00:28:22,968 --> 00:28:25,676
At least 25
of Dr. Gilbert's patients
586
00:28:25,737 --> 00:28:28,115
were inseminated
with the same sperm.
587
00:28:29,308 --> 00:28:30,616
Thank God.
588
00:28:30,676 --> 00:28:34,214
I'll buy the champagne.
You'll buy the whole dinner.
589
00:28:34,780 --> 00:28:37,556
There's no way these women
would have agreed to this.
590
00:28:37,616 --> 00:28:40,256
I'm sure
we can make a case for fraud.
591
00:28:41,286 --> 00:28:42,890
Is that all you found?
592
00:28:43,956 --> 00:28:45,867
There's more?
A lot.
593
00:28:46,658 --> 00:28:50,538
Dr. Gilbert stopped testing
the sperm for the HIV virus.
594
00:28:50,829 --> 00:28:52,536
Oh, my God.
595
00:28:52,598 --> 00:28:55,044
Fortunately, not one of
the babies is infected.
596
00:28:55,100 --> 00:28:57,740
But I was thinking, why would
someone as smart as Dr. Gilbert
597
00:28:57,803 --> 00:29:00,010
take such an enormous risk?
598
00:29:00,873 --> 00:29:04,150
One infected baby, his
entire practice heads south.
599
00:29:04,543 --> 00:29:06,716
He was lucky the donor
was healthy.
600
00:29:09,281 --> 00:29:10,658
Or he was sure.
601
00:29:11,850 --> 00:29:12,954
Come on, Jack.
602
00:29:13,018 --> 00:29:15,498
I have seen at least 12 public
service announcements a day
603
00:29:15,554 --> 00:29:18,660
telling me that's impossible.
Think about it.
604
00:29:18,991 --> 00:29:22,302
In this day and age, how
could you be sure of anyone?
605
00:29:26,698 --> 00:29:29,702
The son of a bitch
is using his own sperm.
606
00:29:32,938 --> 00:29:35,509
I just bought a round for two
justices of the Court of Appeals.
607
00:29:35,574 --> 00:29:36,644
This better be good.
608
00:29:36,708 --> 00:29:39,985
It's about Dr. Gilbert, sir. Oh, right.
Your baby doctor.
609
00:29:40,045 --> 00:29:43,185
Mr. McCoy, working independently,
uncovered concrete evidence
610
00:29:43,248 --> 00:29:46,286
that 25 babies were conceived
by the same donor sperm.
611
00:29:47,853 --> 00:29:49,127
And what?
612
00:29:49,988 --> 00:29:52,025
Twenty-six is on the way?
613
00:29:52,090 --> 00:29:54,297
Look, this can wait
until morning.
614
00:29:55,861 --> 00:29:59,832
We have good reason to believe
that that donor is Dr. Gilbert.
615
00:30:01,033 --> 00:30:04,242
And you didn't give him even a
little push in the right direction?
616
00:30:04,303 --> 00:30:05,680
Not even a nudge.
617
00:30:05,737 --> 00:30:07,546
As we have both sworn
in these affidavits.
618
00:30:07,606 --> 00:30:09,051
Now, that's very interesting.
619
00:30:09,107 --> 00:30:11,212
And, granted,
I am on my third martini,
620
00:30:11,276 --> 00:30:13,916
but I don't really see
what this has to do with me.
621
00:30:13,979 --> 00:30:15,754
We want to arrest Gilbert.
622
00:30:15,881 --> 00:30:17,827
There's nothing I'd like more.
623
00:30:20,252 --> 00:30:21,595
The problem is
624
00:30:22,054 --> 00:30:25,263
he hasn't done anything
that even smells criminal.
625
00:30:27,125 --> 00:30:30,538
Judge Ianello may drink
too much, but he's right.
626
00:30:31,963 --> 00:30:35,467
If it turns out to be true,
what Gilbert did is disgusting,
627
00:30:35,534 --> 00:30:38,208
but there's nothing in the penal
code that says he can't do it.
628
00:30:38,270 --> 00:30:39,613
He manipulated these women.
629
00:30:39,671 --> 00:30:40,945
He lied to them,
630
00:30:41,006 --> 00:30:42,849
and one of them wound up dead
because of him.
631
00:30:42,908 --> 00:30:44,819
You can't prove causation.
632
00:30:44,877 --> 00:30:47,255
Man promised them a baby.
He gave them one.
633
00:30:47,312 --> 00:30:48,916
He didn't promise them
his baby.
634
00:30:48,981 --> 00:30:52,588
From what I understand, the contract
calls for an anonymous donor.
635
00:30:52,751 --> 00:30:55,459
It's possible
that Gilbert is an SOB,
636
00:30:56,254 --> 00:30:59,895
but so far, unfortunately,
he's an anonymous SOB.
637
00:31:00,525 --> 00:31:03,529
Wait a minute.
At least one of his patients,
638
00:31:03,595 --> 00:31:05,040
Clara Brock,
639
00:31:06,031 --> 00:31:08,238
she didn't contract
for an anonymous donor.
640
00:31:08,300 --> 00:31:10,940
She thought she was being
impregnated by her husband's sperm.
641
00:31:11,003 --> 00:31:12,414
That's just great.
642
00:31:13,105 --> 00:31:16,245
I'm sure the Brocks will be
thrilled to hear about this.
643
00:31:18,009 --> 00:31:19,818
I don't believe this.
644
00:31:20,045 --> 00:31:21,388
It can't be.
645
00:31:21,446 --> 00:31:22,925
You should just go.
646
00:31:23,014 --> 00:31:24,084
CLAIRE: We're sorry, but...
647
00:31:24,149 --> 00:31:26,322
No, Dr. Lang told us
that Gilbert was the best.
648
00:31:26,385 --> 00:31:28,331
Do you have any evidence?
649
00:31:28,387 --> 00:31:31,027
We have good reason to believe.
You believe?
650
00:31:31,356 --> 00:31:32,528
Well, I'll tell you what.
651
00:31:32,591 --> 00:31:35,663
You don't come here and tell
me that Bobby's not my boy
652
00:31:35,794 --> 00:31:37,501
until you are damn sure.
653
00:31:37,562 --> 00:31:40,304
A blood test would give us
all the proof we'd need.
654
00:31:40,365 --> 00:31:41,844
What the hell good
would that do?
655
00:31:41,900 --> 00:31:44,938
I realize this is a difficult
situation, Mr. Brock,
656
00:31:46,605 --> 00:31:49,017
but Dr. Gilbert
has to be stopped.
657
00:31:51,143 --> 00:31:54,681
With your testimony, we could
put him in prison for fraud.
658
00:31:54,880 --> 00:31:57,224
Nathan's parents
were here yesterday.
659
00:31:57,282 --> 00:31:59,125
Bobby's their
only grandchild.
660
00:31:59,184 --> 00:32:01,926
How can we tell them
that Bobby's...
661
00:32:03,121 --> 00:32:06,000
How can we tell Bobby?
We're not telling anybody.
662
00:32:07,292 --> 00:32:08,965
You want him in prison,
663
00:32:09,027 --> 00:32:10,631
you'll do it without us.
664
00:32:19,070 --> 00:32:20,811
Larceny by false promise.
665
00:32:22,240 --> 00:32:24,880
We need someone to testify
that Gilbert lied.
666
00:32:24,943 --> 00:32:26,513
We could subpoena the Brocks.
667
00:32:26,578 --> 00:32:28,580
And they'd ignore it.
668
00:32:29,481 --> 00:32:32,724
The son of a bitch lied to his patients.
He defrauded them.
669
00:32:32,784 --> 00:32:35,230
Hell, one's even dead
because of him.
670
00:32:35,287 --> 00:32:37,631
Yeah, he belongs in jail,
671
00:32:39,291 --> 00:32:42,067
but without a little help from the
Brocks or from the penal law,
672
00:32:42,127 --> 00:32:43,572
there's nothing we can do.
673
00:32:43,628 --> 00:32:47,007
I know we've dropped cases
before, Jack, but this one...
674
00:33:01,947 --> 00:33:02,948
Hey.
675
00:33:03,815 --> 00:33:07,262
We've got a blood sample
from the Brocks' baby, right?
676
00:33:07,719 --> 00:33:08,720
Yeah.
677
00:33:08,820 --> 00:33:10,993
If we could get Gilbert
to take a blood test,
678
00:33:11,056 --> 00:33:13,798
we could prove
he's the actual father.
679
00:33:19,264 --> 00:33:20,800
ARONSON: The Fourth Amendment.
680
00:33:21,066 --> 00:33:23,376
Last I looked,
it protected one's person
681
00:33:23,435 --> 00:33:25,642
against unreasonable searches
and seizures.
682
00:33:25,704 --> 00:33:27,342
The Supreme Court
has repeatedly held
683
00:33:27,405 --> 00:33:29,749
that the individual's right
against bodily intrusions
684
00:33:29,808 --> 00:33:32,311
should be weighed against
the society's interests
685
00:33:32,377 --> 00:33:34,015
in conducting the search.
686
00:33:34,079 --> 00:33:35,888
Every day
the police draw blood
687
00:33:35,947 --> 00:33:38,723
to determine if a suspect
is driving while intoxicated.
688
00:33:38,784 --> 00:33:41,560
Yes, but only when the driver
appears to be drunk.
689
00:33:41,620 --> 00:33:43,122
It's called probable cause.
690
00:33:43,188 --> 00:33:44,496
And it's noticeably
lacking here.
691
00:33:44,556 --> 00:33:46,502
Medical records
show that Dr. Gilbert
692
00:33:46,558 --> 00:33:49,129
used sperm from the same donor
at least 20 times.
693
00:33:49,194 --> 00:33:53,609
There's absolutely no evidence that
that donor is my client, Your Honor.
694
00:33:54,065 --> 00:33:55,203
Mr. McCoy?
695
00:33:55,834 --> 00:33:58,337
It's the only logical
conclusion, Your Honor.
696
00:33:58,403 --> 00:34:01,316
JUDGE STEIN: This is a criminal
prosecution, Mr. McCoy.
697
00:34:01,440 --> 00:34:04,785
Before I authorize a scavenger
hunt on a man's body,
698
00:34:04,843 --> 00:34:09,588
I'll need some evidence tending
to implicate him in that crime.
699
00:34:10,916 --> 00:34:14,227
The defense motion to quash
the subpoena is granted.
700
00:34:15,287 --> 00:34:17,198
JACK: It's the perfect scam.
701
00:34:18,323 --> 00:34:21,429
His marks thank him, and the
judicial system protects him.
702
00:34:21,493 --> 00:34:23,632
Babies cooked up
in laboratories.
703
00:34:23,695 --> 00:34:26,642
Not everyone is able to procreate
the old-fashioned way.
704
00:34:26,698 --> 00:34:29,372
I have no problem
with science, young lady.
705
00:34:29,434 --> 00:34:32,938
I just wish it would take a breather
now and then to let the law catch up.
706
00:34:33,004 --> 00:34:35,245
JACK: Maybe we're looking
at the wrong law.
707
00:34:35,307 --> 00:34:38,151
If Dr. Gilbert really did
use his own sperm,
708
00:34:38,610 --> 00:34:42,422
then the contract between him and
the Brocks is null and void.
709
00:34:42,814 --> 00:34:44,054
Under civil law,
710
00:34:44,115 --> 00:34:47,790
he's the de facto and the de
jure father of that child,
711
00:34:47,853 --> 00:34:51,096
and with that comes a whole
boatload of legal obligations,
712
00:34:51,189 --> 00:34:52,566
including child support.
713
00:34:52,624 --> 00:34:53,967
Excellent.
714
00:34:54,292 --> 00:34:56,738
The Brocks won't testify,
and what are you gonna do,
715
00:34:56,795 --> 00:34:58,832
cross-examine a test tube?
716
00:34:58,897 --> 00:35:00,240
CLAIRE:
We don't need the Brocks.
717
00:35:00,298 --> 00:35:02,778
Child support is the right of
the child, not the parent.
718
00:35:02,834 --> 00:35:05,815
And the burden in family court is
much lighter than criminal court.
719
00:35:05,871 --> 00:35:07,782
No, I'll tell you what we do.
720
00:35:08,940 --> 00:35:12,080
Get Ms. Kincaid
appointed guardian ad {item
721
00:35:12,210 --> 00:35:14,690
to sue for paternity
on the baby's behalf.
722
00:35:14,746 --> 00:35:17,090
The first step in a paternity
suit is a blood test.
723
00:35:17,149 --> 00:35:20,323
And if it says what we think it
does, we nail the son of a bitch.
724
00:35:24,723 --> 00:35:26,100
CLAIRE:
And what led you to conclude
725
00:35:26,157 --> 00:35:28,865
that Dr. Gilbert
was the father of Baby Doe?
726
00:35:29,661 --> 00:35:31,766
After testing the blood
of 31 babies
727
00:35:31,830 --> 00:35:34,276
artificially conceived
in Dr. Gilbert's office,
728
00:35:34,332 --> 00:35:37,108
our lab informed us
that it was extremely likely
729
00:35:37,168 --> 00:35:40,240
that the sperm of only
one donor had been used.
730
00:35:40,305 --> 00:35:44,378
Further investigation
of Dr. Gilbert's finances
731
00:35:44,442 --> 00:35:46,183
showed that he had
stopped paying
732
00:35:46,244 --> 00:35:48,019
both for sperm donors
733
00:35:48,180 --> 00:35:50,888
and for HIV testing
of the sperm.
734
00:35:51,449 --> 00:35:53,952
It was the only
logical conclusion.
735
00:35:54,252 --> 00:35:55,788
Thank you, Mr. McCoy.
736
00:36:01,760 --> 00:36:04,331
Why isn't the baby's
mother here, Mr. McCoy?
737
00:36:05,096 --> 00:36:07,940
Under the circumstances,
her testimony isn't relevant.
738
00:36:07,999 --> 00:36:12,038
Well, you'd think she'd be a little
interested about the results.
739
00:36:12,237 --> 00:36:14,979
This suit is brought
on behalf of the baby.
740
00:36:15,040 --> 00:36:16,383
Oh, I see.
741
00:36:17,075 --> 00:36:19,988
Is the baby lacking for money?
No.
742
00:36:20,612 --> 00:36:23,320
For food or shelter?
No.
743
00:36:24,182 --> 00:36:27,891
Would you consider Baby Doe's
mother in any way inadequate?
744
00:36:28,386 --> 00:36:31,299
I don't think that's in any
way relevant to this case.
745
00:36:31,356 --> 00:36:32,892
Oh, it's very relevant,
Mr. McCoy.
746
00:36:32,958 --> 00:36:35,029
You see,
on this side of Center Street,
747
00:36:35,093 --> 00:36:38,267
all that's relevant
is the baby's best interests.
748
00:36:41,166 --> 00:36:42,236
I'm aware of that.
749
00:36:42,300 --> 00:36:43,802
And in your opinion,
750
00:36:44,002 --> 00:36:47,415
this baby would somehow
benefit from this litigation?
751
00:36:48,039 --> 00:36:49,643
Yes, I believe that's true.
752
00:36:49,708 --> 00:36:51,210
Considering the mother
doesn't give a damn,
753
00:36:51,276 --> 00:36:53,950
I'd say
that's pretty arrogant of you.
754
00:36:54,145 --> 00:36:55,146
Arrogant?
755
00:36:55,981 --> 00:36:58,860
Arrogant is trying to start
your own race of people.
756
00:37:00,318 --> 00:37:02,457
Move to strike.
Sustained.
757
00:37:03,588 --> 00:37:05,932
GILBERT: I'd say
over the past 10 years,
758
00:37:06,324 --> 00:37:08,429
somewhere in the neighborhood
of 300 babies
759
00:37:08,493 --> 00:37:12,236
were conceived in my office
through artificial insemination.
760
00:37:12,430 --> 00:37:14,205
And in these 300 cases,
761
00:37:14,266 --> 00:37:17,338
has a mother ever requested the
identification of the donor?
762
00:37:17,402 --> 00:37:18,847
On the contrary.
763
00:37:19,337 --> 00:37:21,248
After the health of the baby,
764
00:37:21,406 --> 00:37:25,411
a mother's primary concern is
usually the anonymity of the donor.
765
00:37:25,543 --> 00:37:29,081
In cases when the patient's
husband's sperm is used,
766
00:37:29,147 --> 00:37:31,718
has anyone ever questioned
the heredity of the baby?
767
00:37:31,783 --> 00:37:32,853
No.
768
00:37:32,917 --> 00:37:37,764
Was Baby Doe the result of fertilizing her
mother's egg with her father's sperm?
769
00:37:37,956 --> 00:37:39,060
I'm sorry.
770
00:37:39,557 --> 00:37:42,037
My hands are tied
by confidentiality.
771
00:37:42,093 --> 00:37:45,267
I cannot in good conscience
answer that question.
772
00:37:45,897 --> 00:37:47,001
Thank you.
773
00:37:48,400 --> 00:37:50,038
Hypothetically, Doctor,
774
00:37:50,602 --> 00:37:54,675
if a husband's sperm is used, is it
typically tested for the HIV virus?
775
00:37:54,739 --> 00:37:55,774
No.
776
00:37:55,874 --> 00:38:00,380
It's simpler to run blood tests on
the father before the procedure.
777
00:38:00,578 --> 00:38:01,579
I see.
778
00:38:01,813 --> 00:38:05,955
Do you also test to see if the
father is a cystic fibrosis carrier?
779
00:38:06,317 --> 00:38:07,421
No, I don't.
780
00:38:07,485 --> 00:38:10,295
Would that be considered
by some to be negligent?
781
00:38:10,422 --> 00:38:12,595
The people who come
to my office want a baby.
782
00:38:12,657 --> 00:38:15,570
I doubt it would stop any of them
even if they knew for a fact
783
00:38:15,627 --> 00:38:20,007
the father was a carrier.
Besides, CF only affects
784
00:38:20,365 --> 00:38:23,972
a miniscule portion
of the population at large.
785
00:38:24,235 --> 00:38:25,441
That's odd,
786
00:38:25,570 --> 00:38:29,382
because 25 out of the 31 babies
conceived in your office
787
00:38:29,441 --> 00:38:32,786
through artificial insemination
over the past two years
788
00:38:32,844 --> 00:38:34,084
are carriers.
789
00:38:34,779 --> 00:38:36,781
How do you explain that?
790
00:38:39,818 --> 00:38:41,957
Answer the question, Doctor.
791
00:38:45,857 --> 00:38:47,336
I can't explain it.
792
00:38:47,592 --> 00:38:50,334
Then, we'll let your blood
do your talking for you.
793
00:38:50,395 --> 00:38:54,104
I order you to undergo a paternity
test within the next two weeks.
794
00:38:59,971 --> 00:39:03,509
Nothing like a little forum shopping, Jack.
Whatever it takes.
795
00:39:03,675 --> 00:39:06,918
My office will contact you
with the name of a doctor.
796
00:39:06,978 --> 00:39:08,924
I'll save you the time.
797
00:39:09,848 --> 00:39:13,318
We'll stipulate that Dr. Gilbert
is the baby's father.
798
00:39:13,384 --> 00:39:16,695
In that case, he's under arrest
for larceny by false promise.
799
00:39:16,755 --> 00:39:18,098
Yeah, right.
800
00:39:18,156 --> 00:39:20,193
And that'll last
for all of about two seconds.
801
00:39:20,258 --> 00:39:23,102
No way this gets past
a motion to dismiss.
802
00:39:26,598 --> 00:39:28,908
The indictment is deficient
on its face, Your Honor.
803
00:39:28,967 --> 00:39:31,777
The grand jury didn't think so.
The grand jury?
804
00:39:32,070 --> 00:39:34,812
Twenty-three blind men following
the Pied Piper out of Hamelin.
805
00:39:34,873 --> 00:39:36,352
I'm glad you have
so much respect
806
00:39:36,407 --> 00:39:38,580
for our judicial system,
Mr. Aronson.
807
00:39:38,643 --> 00:39:40,122
Oh, let's not be naive.
808
00:39:40,178 --> 00:39:42,124
The state tells them
to indict, they indict,
809
00:39:42,180 --> 00:39:44,251
the sufficiency of the
evidence notwithstanding.
810
00:39:44,315 --> 00:39:46,317
Just so long as they can get
home in time for Oprah.
811
00:39:46,384 --> 00:39:49,763
There's sufficient evidence to indict
your client for felony larceny.
812
00:39:49,821 --> 00:39:53,234
Excuse me. The charge is
larceny by false promise.
813
00:39:53,658 --> 00:39:57,003
Show me one instance in the
transcript where one witness claims
814
00:39:57,061 --> 00:39:58,563
that Dr. Gilbert lied
about anything.
815
00:39:58,630 --> 00:40:00,769
JACK: The grand jury
can infer whatever it likes.
816
00:40:00,832 --> 00:40:04,370
Hold on. Are you saying that
the parents didn't testify?
817
00:40:04,969 --> 00:40:08,348
It's a difficult situation, Your Honor.
You're damn right it is,
818
00:40:08,406 --> 00:40:10,477
and it's getting
more difficult for you.
819
00:40:10,542 --> 00:40:12,283
Legally, I don't need
their testimony.
820
00:40:12,343 --> 00:40:14,880
That's right,
on a law school exam.
821
00:40:14,946 --> 00:40:18,758
In the real world, a fraud trial
without the testimony of the victims
822
00:40:18,816 --> 00:40:20,557
ends in a mistrial.
823
00:40:20,919 --> 00:40:23,900
They don't get on the stand,
we don't go to court.
824
00:40:23,955 --> 00:40:25,525
These people
have a right to privacy.
825
00:40:25,590 --> 00:40:28,002
And my client has a right
to confront his accusers.
826
00:40:28,059 --> 00:40:30,665
I think we can make everyone
happy if we close the courtroom.
827
00:40:30,728 --> 00:40:31,832
Seal the records.
828
00:40:31,896 --> 00:40:33,807
She makes a very good point,
Counselor.
829
00:40:33,865 --> 00:40:35,435
The public
has a right to know.
830
00:40:35,500 --> 00:40:37,844
Well, you can talk to the
press anytime you like,
831
00:40:37,902 --> 00:40:40,143
just keep the Brocks' name
out of it.
832
00:40:40,238 --> 00:40:44,448
My clerk will contact you about
the first free date for a trial.
833
00:40:46,144 --> 00:40:47,953
Nice move, Claire.
834
00:40:48,413 --> 00:40:51,690
Now all we have to do
is get the Brocks to testify.
835
00:40:52,584 --> 00:40:55,861
Look, we already told you once, we
are not going into a courtroom.
836
00:40:55,920 --> 00:40:59,094
We can arrange for it
to be completely anonymous.
837
00:40:59,190 --> 00:41:00,931
If you prefer,
you can wear disguises.
838
00:41:00,992 --> 00:41:03,529
The press will not be there.
The records will be sealed.
839
00:41:03,595 --> 00:41:05,472
Why can't you use
someone else?
840
00:41:05,530 --> 00:41:07,305
You said
there were lots of others.
841
00:41:07,365 --> 00:41:09,572
We can't establish fraud
with the others.
842
00:41:09,634 --> 00:41:10,806
What is it with you people?
843
00:41:10,869 --> 00:41:14,316
You don't think twice about
destroying people's lives?
844
00:41:14,839 --> 00:41:17,820
I sympathize with you, Mr. Brock, and
I think I can keep your privacy.
845
00:41:17,876 --> 00:41:20,083
But even if I can't, so what?
846
00:41:20,945 --> 00:41:24,552
So your parents find out that
Bobby is not your natural child.
847
00:41:25,250 --> 00:41:26,729
So Bobby finds out.
848
00:41:27,519 --> 00:41:29,590
There are a lot of
adopted babies in this world.
849
00:41:29,654 --> 00:41:30,928
Their lives
aren't exactly ruined.
850
00:41:30,989 --> 00:41:32,832
You have no idea
what you're talking about.
851
00:41:32,890 --> 00:41:34,836
We know
we have to stop Dr. Gilbert.
852
00:41:34,893 --> 00:41:37,965
Doctors?
They're worse than you people.
853
00:41:38,263 --> 00:41:40,743
They think they know what's
good for you, what's right.
854
00:41:40,798 --> 00:41:43,540
They don't know anything.
Clara, be quiet.
855
00:41:44,836 --> 00:41:48,648
Now, you get the hell out of here and
leave us alone. Get out. Get out.
856
00:41:50,008 --> 00:41:51,453
Best-laid plans.
857
00:41:51,509 --> 00:41:54,615
Our chances of getting them to
testify are zip, and you saw them.
858
00:41:54,679 --> 00:41:58,024
Yes, I did see them. And there's
something else going on there.
859
00:41:58,082 --> 00:42:02,428
"Doctors don't know what's good for us.
They don't know what's right."
860
00:42:02,520 --> 00:42:04,363
What the hell
was that all about?
861
00:42:04,422 --> 00:42:08,029
Gilbert burned them pretty badly. I can
understand her bent for hyperbole.
862
00:42:08,092 --> 00:42:11,505
Somehow I don't think Mrs. Brock
was referring to Dr. Gilbert.
863
00:42:12,664 --> 00:42:13,665
Humor me.
864
00:42:14,299 --> 00:42:16,939
Talk to the doctor
that sent them to Gilbert.
865
00:42:22,073 --> 00:42:24,610
The Brocks are good people. I
just wish I could've helped them.
866
00:42:24,676 --> 00:42:26,849
You sent them to Dr. Gilbert.
They had a baby.
867
00:42:26,911 --> 00:42:28,754
Bobby. Beautiful little boy.
868
00:42:28,813 --> 00:42:30,918
The problem was
their daughter, Debra.
869
00:42:30,982 --> 00:42:33,087
The Brocks have a daughter?
Had.
870
00:42:33,284 --> 00:42:36,322
Died last year. Leukemia.
Eight years old.
871
00:42:36,387 --> 00:42:38,025
That's why
I sent them to Gilbert.
872
00:42:38,089 --> 00:42:41,559
If only Bobby's marrow had matched,
maybe I could have done something.
873
00:42:41,626 --> 00:42:44,869
What are you saying? Neither
of the Brocks were a match.
874
00:42:45,029 --> 00:42:48,203
There was a chance that if
they had another child...
875
00:42:48,266 --> 00:42:50,940
Wait a minute. Are you saying the
only reason the Brocks had a baby
876
00:42:51,002 --> 00:42:53,539
was to use his bone marrow
in a transplant?
877
00:42:53,605 --> 00:42:56,677
They were trying to save
their daughter's life.
878
00:42:57,942 --> 00:42:59,979
No wonder
their lips are sealed.
879
00:43:00,344 --> 00:43:02,984
They don't want their son
to discover one day
880
00:43:03,047 --> 00:43:05,084
they only bought him
for the parts.
881
00:43:05,149 --> 00:43:06,253
CLAIRE: This is great.
882
00:43:06,317 --> 00:43:07,990
Gilbert committed
felony larceny,
883
00:43:08,052 --> 00:43:11,363
and we can't make a case because
of his victims' feelings of guilt.
884
00:43:11,422 --> 00:43:14,062
We can't make a case for fraud.
How about murder?
885
00:43:14,125 --> 00:43:17,004
Well, legally he's not responsible
for Susan Parker's getting shot.
886
00:43:17,061 --> 00:43:20,838
I'm not talking about Susan Parker. I'm
talking about the Brocks' daughter.
887
00:43:20,898 --> 00:43:22,809
The fact that the father's
sperm was not used
888
00:43:22,867 --> 00:43:25,347
has to have significantly
lowered the possibility
889
00:43:25,403 --> 00:43:27,280
of the baby's marrow
being a match.
890
00:43:27,338 --> 00:43:29,284
Significantly lowered, yeah.
891
00:43:29,374 --> 00:43:30,751
Well, think about it, Adam.
892
00:43:30,808 --> 00:43:31,912
You see a man drowning.
893
00:43:31,976 --> 00:43:34,217
You tell the lifeguard, "Don't
worry about it, I'll save him,"
894
00:43:34,279 --> 00:43:36,623
knowing that you're not
such a good swimmer.
895
00:43:36,681 --> 00:43:38,160
And the man drowns.
896
00:43:38,282 --> 00:43:41,593
Reckless disregard.
At best, a long shot.
897
00:43:46,257 --> 00:43:49,101
Have Gilbert come into my
office tomorrow at 9:30.
898
00:43:50,928 --> 00:43:52,339
Murder two.
899
00:43:52,630 --> 00:43:54,268
You're on drugs, right?
900
00:43:55,266 --> 00:43:58,008
The Brocks' daughter
might still be alive today
901
00:43:58,369 --> 00:44:00,906
were it not for the reckless
disregard for human life
902
00:44:00,972 --> 00:44:03,350
shown by your client.
That's nonsense.
903
00:44:04,008 --> 00:44:05,316
Even if I used
the father's sperm,
904
00:44:05,376 --> 00:44:06,821
there's no guarantee
of a match.
905
00:44:06,878 --> 00:44:09,415
The statute says
you're guilty if your actions
906
00:44:09,480 --> 00:44:11,482
cause a "grave risk of death."
907
00:44:11,916 --> 00:44:15,989
Your lawyer will explain to you
that that's a matter for the jury.
908
00:44:16,354 --> 00:44:18,595
And I'll parade a dozen
experts into the courtroom
909
00:44:18,656 --> 00:44:20,397
to say
there's no cause-in-fact.
910
00:44:20,458 --> 00:44:23,302
It's all the reasonable
doubt I need. Fine.
911
00:44:24,662 --> 00:44:27,438
But just consider what will
happen to reasonable doubt
912
00:44:27,498 --> 00:44:29,205
when the jury hears
913
00:44:29,500 --> 00:44:33,744
how the good doctor here was trying
to populate the world by himself.
914
00:44:34,072 --> 00:44:37,349
What will they think when I
tell them about Susan Parker
915
00:44:37,642 --> 00:44:41,613
lying dead on the floor of a bank
because of one of his little lies?
916
00:44:42,747 --> 00:44:46,559
And how will they actually
react to the news
917
00:44:46,818 --> 00:44:49,958
that the Brocks might not have had to
bury their eight-year-old daughter
918
00:44:50,021 --> 00:44:52,228
were it not
for your client's gall
919
00:44:52,724 --> 00:44:53,725
or ego
920
00:44:55,026 --> 00:44:57,768
or complete disregard
for human decency?
921
00:44:57,862 --> 00:44:59,899
ARONSON: All very persuasive,
Counselor.
922
00:44:59,964 --> 00:45:02,877
You have one slight problem.
You can't testify.
923
00:45:04,569 --> 00:45:06,480
Go ahead. Go to trial.
924
00:45:06,637 --> 00:45:09,618
Without witnesses, they'll
laugh you out of the court.
925
00:45:09,707 --> 00:45:11,277
You're a doctor.
926
00:45:12,510 --> 00:45:14,786
You're supposed to
help these people.
927
00:45:15,112 --> 00:45:17,353
These women
come to me barren,
928
00:45:18,015 --> 00:45:21,622
starved for the feeling of life
growing inside their bodies.
929
00:45:22,120 --> 00:45:24,862
Their husbands can't give it to
them, neither can their lovers.
930
00:45:24,922 --> 00:45:25,923
Just me.
931
00:45:26,157 --> 00:45:29,001
I'm sure your children are
not what they bargained for.
932
00:45:29,060 --> 00:45:31,165
I think you'd be surprised.
933
00:45:31,529 --> 00:45:33,440
I think you flatter yourself.
934
00:45:35,299 --> 00:45:37,802
I create something
935
00:45:38,569 --> 00:45:40,549
where nothing was before.
936
00:45:41,839 --> 00:45:44,649
God doesn't make babies,
Mr. McCoy.
937
00:45:45,109 --> 00:45:46,110
I do.
938
00:45:58,256 --> 00:46:01,203
We might be able
to convince a jury.
939
00:46:01,259 --> 00:46:03,000
And be reversed on appeal.
940
00:46:03,861 --> 00:46:05,898
So, we drop it?
For now.
941
00:46:07,865 --> 00:46:11,677
Do you think we'll ever find someone
who'll testify against him?
942
00:46:12,970 --> 00:46:14,745
Jesus had his Judas.
943
00:46:17,542 --> 00:46:19,283
And he's not Jesus.
944
00:46:19,333 --> 00:46:23,883
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