Original subtitles

Previously on The Practice.

I'm pregnant.

Who's the father?

Actually, I'm keeping that confidential. He's basically just a sperm donor.

And I'm going to be a single mom.

That's my rape center pager. My name's Lucy Hatcher. I'm a counselor from the

Rape Crisis Center.

When I saw what happened to her, I freaked.

This was your very first call. I'm just not cut out for Rebecca.

Without your help.

Thank you. Sure.

Get out. What? Go!

That's my daughter.

She suffered some pretty tough internal injuries.

There's also some swelling in the brain.

She's still unconscious and probably will stay that way until the swelling

down. Hey, Beck.

You're a godmother now.

We just need for you to wake up.

Hey.

Oh, my.

He already looks bigger.

Yeah, he eats like a hog.

Oh, he's a gorgeous thing.

Yeah, yeah.

Hey, Beck.

They let me in here with little Bobby.

Her neurological responses are improving.

Doctor said the swelling's almost completely down.

Come on, Beck.

Three days.

Enough is enough.

Beautiful, Michael.

It's amazing.

When are you publishing?

I'm hoping in June.

Is this one here, is this going to be the cover?

Either that one or this here, this little girl. Look at her face.

Yeah.

Okay, you want to see something really incredible, Michael?

Okay, this is what I call an amazing picture.

That's her head.

And her hands.

Wow.

Yeah.

You helped make that.

Can you believe it?

Yeah.

That's, um... That's what I came to talk to you about, Eleanor.

I'm not sure that I can stick to the deal.

What do you mean?

I want to help parent this baby.

I know, the agreement. But when you asked me to be the father, I... I asked

to be the donor.

And I thought that I... Never mind the agreement. It's a contract.

A signed one, Michael.

Lawyer thinks that I can probably get around that.

You've been to a lawyer?

I don't want her to grow up without a father.

He changed his mind?

Yes, and we have a contract, and he says he's going to try to get around it.

He's already been to see a lawyer. Okay, try to calm down a little. Who is this

guy? His name is Michael Hale. He is a very successful photographer, and he is

an old friend.

Friend like friends, or... It wasn't a romantic relationship, Lucy.

His involvement here is purely genetic.

And you have a signed agreement?

Yes. fully executed, terminating all of his rights as a father, and now he wants

to go to court and get avoided.

When's the hearing?

I'm not sure.

I threw him out. I'm not... I don't know.

Okay.

I'll see if I can get his lawyer to come here before he goes into court.

Once we get a judge involved, it's complicated, Eleanor.

I can't... I can't believe he's doing this.

We have...

A deal.

Amanda McGowan, please.

You are?

I'm Lizzie Hatcher, rape crisis.

Second door on the right. The doctor's in with her.

Try to get a little rest?

I'm gonna go talk to your dad.

I'm sorry, who are you?

Lucy Hatcher, rape crisis.

Oh, I already did the rape kit.

I need to speak to the father, then I'll be back.

Okay.

Amanda, I'm Lucy Hatcher, a counselor from the rape crisis.

How old are you?

Eleven.

She's been gone for over three hours.

They'll be back here in an hour.

Let me check.

Excuse me.

Could you check on the status of patient Rebecca Washington? She went down to

radiology for a CAT scan several hours ago.

Several hours ago?

Yes. Hold on.

Yes, ICU patient Washington Rebecca went for a PET scan and a CAT scan at 7

.30.

She did?

At what time?

She's not in her room.

No, she isn't. No, she isn't. Would you check with patient escorts, please?

Thank you.

Well, she should be up here shortly.

Well, when did she leave radiology? Well, I'm not sure, but I'm sure she'll

back here shortly.

Hello.

I see you.

Um, no, she isn't.

Mm -hmm.

Okay.

What's going on? I'm going to page the doctor.

Yes, before you do that, nurse, I want to know where Miss Washington is.

I don't know.

Who does know?

I don't know.

Is she lost?

At the moment, that's a possibility.

You keep talking to me in terms of contract, but... Because that's what we

Michael. You and I... I understand.

And I fully intended to go through with it. So what's changed? What's changed is

circumstances. How? Tell me. Before, I was thinking in terms of genetics.

In terms of sperm fertilizing an egg.

But when it becomes a person... The idea was for it to become a person, Michael.

Yes, but I had no conception of how that would affect me.

It will be my child. No, it won't. She will be my child. All right, all right.

Look, none of us wants to turn this into a big myth. Well, that's exactly what

your client is doing. Eleanor, you were saying?

We're looking for paternity, then joint custody. Absolutely not. I will not

raise my child in a split environment, having her pulled between two... Look,

I'm here right now trying to avoid...

Going to court. If you're... Then go to court, Michael, because there is no way

in hell I am going to give you joint custody.

Do you want us to take a minute outside while you two discuss... My position

will not change in a minute.

Then I guess we see you next with a judge.

I'm not looking for a battle, Eleanor.

Well, you've got one, Michael.

We may not win, Eleanor.

The law on this in Massachusetts is untested.

Then we're about to test it.

Listen, I'm not necessarily saying make a deal.

But if you agree to some limited custody... I won't.

My theory is if a judge opens this thing up, there's a risk of full joint

custody. How? We have a contract.

I understand.

But what if that contract doesn't hold up?

Are you suggesting, Ms. Garrett, this was not a valid contract?

I'm suggesting that there was no meeting of the minds. It's the equivalent of a

mistake. A mistake?

Yes. Mr.

Hale had no idea what he was giving up.

Now, wait a second.

Your Honor, this contract violates public policy.

There is no question that if my client wanted to surrender a child for

he couldn't do that legally until four days after the child was born.

Why is that?

Because the law doesn't want parents signing away their rights before they

what's really at stake.

Mr. Hale always knew exactly what was at stake when... How can you make that

claim? Because he executed a contract.

Yes, and perhaps there should be a presumption in favor of that agreement,

it can't be irrebuttable.

Not when you're talking about a child.

And there will be a child if this very much affects.

And that's what's dawning on my client here.

His daughter will come to him one day, like it or not, and she may ask why she

didn't get to have a father.

What is he supposed to do then?

Hold up a contract?

All right.

I want to hear from the parties on this.

Why?

Because if Mr. Hale is claiming no meeting of the minds, I want to explore

exactly what they thought they were agreeing to.

Two o 'clock.

Jimmy, please don't take this the wrong way because I know you're here to

support me and I really appreciate it, but that was a horrible performance in

there. If a contract is clear on its face, which this one is, you do not go

behind it to explore the intent of the parties.

There was nothing ambiguous in the language, and you should have been

that instead. Eleanor, this isn't an ordinary contract. Yes, it is.

Yes, it is.

If you believe that, you're not thinking clearly.

Now, listen to me.

That judge was not about to rule on the face of the language.

Not when it involves a child.

He's taking into account best interests.

You know it as well as I do.

Fine.

Then I want to go after Michael as unfit.

With what?

I'll tell you what.

We are looking into it, I assure you. You're looking into it? How do you lose

patient? It's possible that she could have been brought to another patient's

room who also has the name Washington.

And we're checking that out now.

What are the other possibilities?

Well, she could have regained consciousness.

She could be roaming around the building. Would she be strong enough?

Well, she'd be weak, but she had no injuries that would prevent her from

ambulatory.

Hello. I'm Natalie Clarkson from Patient Relations. There's a problem?

Yes, there's a problem. You've lost my daughter.

Okay, and she was last seen where?

She was last seen unconscious.

Helene... They've lost Rebecca, Bobby, and now they send someone from customer

service?

You have lost my daughter, who is in a coma.

What are you two whispering about?

There is another Washington, a Regina Washington, who is currently... What

is she in?

Well, she's listed as being in surgery right now.

She's having her kidney removed.

Hey, Luce.

Helen.

Hi, Amanda. How are you doing?

I'm okay.

Amanda, this is Helen Gamble.

She's a district attorney.

She's gonna get the guy who did this to you.

I heard you talked a little bit to the police. Can I speak to you, too?

Your dad said it would be okay if I asked you some questions.

We can trust her.

She's here to help.

Good news is we caught him. At least I'm pretty sure of it.

What I was wondering is... I was wondering whether you'd be able to look

what we call a police lineup.

What's that?

Well, you look at five men standing side by side and you point to the man who

did it.

If you see him.

No. Well, Amanda... No, I don't want to see him.

Let me talk to Miss Gamble one second.

Does she have to? The rape kit turned up nothing. No semen, no DNA.

This whole case comes down to eyewitness testimony.

So what, it would be her word against his?

No, we have another eyewitness. A woman saw it from a balcony.

Can't you just rest on that?

Yes, but the truth is, if Amanda IDs him now in a lineup, our case gets better.

And she's more likely to ID him at trial.

I don't think she's strong enough emotionally to see him.

I really don't.

I'll push it through arraignment. We'll see how it goes.

Thank you.

College Football Saturday, presented by Kyocera. Returns August 24th to Fox

Sportsnet.

There just wasn't any room in my life for a family.

As a photojournalist, I'm always leaving for Bosnia or Vietnam, you name it.

I never even considered having a child.

Until Miss Freud asked for your help. I knew she wanted a baby. When she

approached me to be the donor, it just felt right.

And I knew how great she'd be with a child.

And I thought if I could do that for her, give her that chance, how could

be wrong?

You signed an agreement.

Yes. Relinquishing your rights as a father to this child.

All I can say is I made a mistake.

I wanted it to work. I signed the contract thinking it would.

But this isn't some abstract gift I can give.

It's a child.

My child, who deserves to grow up with the love of her father.

When you negotiated this agreement, did you have a lawyer?

Yes. You intended to give up your rights to this child.

Yes, but as I said... And now you want the court to disregard your intent.

I'm asking that my current intent be given more weight, especially since it

serves the best interest of this child.

Let's consider, then, the interests of your son, Mr. Hale, the one who's seven

years old. Objection.

Overruled. What son is this?

Mr. Hale, seven years ago, a girlfriend of yours had a child. I was young.

I wasn't ready to act like a father.

But now you are. Yes, now I am.

Are you being a father to this seven -year -old boy?

No. Why not?

You don't think he needs the love of his father?

Objection. Overruled. Have you even met that son, Mr. Hale?

Look, I lost the chance to know my son.

I can't just walk up to a seven -year -old kid and introduce myself.

But here, I have a chance to be there from the start.

Ever tell my client you could never be responsible enough to raise a child?

I once thought that, but I... Oh, you changed your mind on that, too. People

mature, Mr. Berluti. Is breaking a contract a sign of maturity?

Have you ever been a father, sir?

No, but you have.

Seven years ago, you failed.

You're still failing.

Objection. Overruled. And now you put this woman under stress while she's

months pregnant. That's not my intent.

You know your intent.

Objection. Withdrawn.

How many months a year are you in town, Mr. Hale? I am willing to adjust my

lifestyle to be here more.

You have a girlfriend, sir? I do. How old is she? What relevance does her

The witness has suggested that he's growing up. How old is your girlfriend,

She's 20.

Ever been convicted of anything?

Objection. Whether he has a record, I think, speaks to his fitness as a

Not alone.

Ever been convicted of anything, sir?

Yes. Drugs?

Possession of marijuana.

Are you a pothead? No, I'm not. But you smoke dope. I have used it

recreationally, very occasionally.

But you've probably changed your mind about that now, right?

It wasn't her.

So wherever she is, she's still got both kidneys.

Not a funny joke.

May I ask a question?

Has this happened before?

Not often, but it has happened.

We're searching radiology.

After that, we're going through every floor, every room. Who took her?

Somebody had to wheel her out of the CAT scan.

Yes, the escort who was to bring Rebecca back to the ICU finished work at noon.

We haven't been able to find him either.

He's not at home. He doesn't have a cell.

Look, obviously, I can't excuse this.

All I can say, I know she's somewhere in the building and we'll find her.

nothing beneath you sir you're represented by counsel we have been

friends most of our adult lives and you attack me like that for what legal

strategy you think that was legal strategy i'm protecting

my daughter

Case number 3216, Commonwealth v.

Bruce Wilson.

Rape of a minor under the age of 12.

Joshua Passman for the defense, Your Honor. We waive reading. We'd be seeking

personal recognizance.

Opposed? My client has strong roots in this community.

No job, lives in a housing project. We consider him dangerous as well as a

flight risk.

Bail is denied.

Move for a probable cause.

Tomorrow morning, 10 o 'clock. Your Honor, I haven't yet spoke with our

Why are you filing charges?

Confer with your witness and we'll see you back here tomorrow.

Ms. Gamble, I'm Amanda's father.

Oh, I'm very sorry.

What's going to happen?

Well, we have a probable cause hearing, so I need to find the woman who

witnessed it. She's right there.

Michael and I have been friends for a long time.

I chose him as a donor because I liked him, for genetic reasons, and most of

because I trusted him on his word. But you don't want him as a co -parent.

That's why we signed this agreement.

Could you tell me your main objection?

I don't believe I need a man in my life to raise a happy, healthy daughter.

There are a lot of single mothers today who are doing whatever it takes to

fulfill their responsibilities as a parent.

Moreover, if I were sharing those responsibilities with a man, I never

have chosen Michael Hale. Why don't you want him to participate?

Because I'm not in love with him.

And he doesn't love me. And now, I don't trust him.

I got pregnant. I changed my life based on promises he broke.

And if we were forced together as co -parents, our entire relationship would

grounded in betrayal.

And that mistrust would most definitely harm this child.

But is it better for the child to lose contact with her father? In this case,

yes. It would be better for my daughter to have one loving parent.

than to be thrown into a situation that is already filled with tension and

acrimony. Are you suggesting Mr.

Hale is unfit to be a father?

How can I trust him to?

Look at his history. Look at how he's behaved here. This is as irresponsible

it is arbitrary.

I am eight months pregnant. I'm in court.

He has put me under stress, put the baby under stress, all on his sudden whim

that he wants to be involved.

Well, if you agreed to let him parent, you wouldn't be in court. Your Honor, he

may be well -intentioned, but what's his real motivation?

Who's to say this isn't about guilt over abandoning a son, about redemption,

about himself rather than any real desire to be a father?

So you don't need a man to help you raise a child.

Are you currently with a man, Ms. Frutt?

No. If you were currently involved with a man, would you still be having a child

as a single parent?

I don't know, Miss Garrett.

If I was sharing my life with a man, I would likely expect him to be a part of

this decision.

But I was not involved with anybody at the time that I made this contract.

I was not involved with your client, nor am I involved with anybody now.

I would never have chosen to have a child with him.

Miss Front.

If you were convinced that Mr. Hale would in fact be a model father, would

change your position?

No.

Because I'm not in love with him. And I never... I understand.

But let's be fair.

Then you are talking about what you want, not necessarily the best interests

the child.

I don't accept that, Your Honor.

Because I don't accept your hypothetical that he could ever be a model parent.

You consider yourself an authority on parenthood? I consider myself an

on my child.

Are you aware of studies, including one from the U .S. Justice Department, that

show children from single -parent homes are more likely to drop out of school,

more likely to commit crimes? Most of those studies are pertaining to

impoverished families.

I have financial means.

Yes, because you work.

Plan to continue working?

Yes. When do you plan to go back to work, Ms. Fratt?

I'm not sure.

Within three years? Yes.

Are you aware of the studies showing that the child's attachment to the

mother can be significantly harmed? I'm aware of the studies that reject that

position. Some even say a child can benefit from their experience at a

Do you plan to put the child in daycare? I will not be cross -examined on

whether or not... Ms. Frutt, if you go back to work full -time, you won't be

only primary caregiver.

Who will help you? I plan to hire.

You haven't yet?

No, because I haven't needed to yet.

So we don't know who this other primary caregiver will be. You just don't want

it to be her father. He is not the father. He is a sperm donor.

Okay. Are you aware of the U .S. Department of Education report that says

children do better in schools when their fathers are involved?

Well, I would be very surprised if that study embraced non -resident fathers.

Well, it did, but my question was, did you even read the study?

No. So what studies on single parenting did you rely on before deciding to

become a single mother?

Are you aware, for example, that single parent children are more likely to be

antisocial, more likely to suffer from anxiety, depression, hyperactivity, are

more likely to need psychiatric care, are more likely to commit suicide as a

teenager, more likely to drop out of school? More likely than who?

Children of married, intact parents?

What about divorced parents? Are their children more likely? So you are an

authority.

Do you know the statistics, Ms. Front?

I know all the risks.

Miss Garrett.

And you simply decided to assume them on behalf of your daughter in her best

interest. Objection. This is badgering. It is no such thing. I am merely trying

to ascertain whether the witness knows of these studies, knows of these

statistics. As she boldly claims, she knows what's best for her daughter. I

I am not a statistic fighting to survive.

I have choices.

And I know my daughter would be better off without your client as a co -parent.

Because you make no room for the possibility that he can change. And you

want to give him the chance to change, do you, Ms. Freud? Because it's not what

you want.

Please say it for the record.

Because one day, your daughter may want to read it.

Well, hello there.

Where am I?

Not Las Vegas, tell you that.

What happened?

What happened? You need to ask what happened? You had a baby.

What do you mean I had a baby?

You had a little baby girl. Seven pounds, two ounces. A beautiful little

What are you talking about?

Maybe you better lie back down. No, you lie back down. I didn't have a baby.

I was blown up. That's what I was.

What's wrong?

It says she didn't have a baby. She was blown up.

I know how you feel. My first child until they gave me the epidural.

I didn't have a baby. What's wrong with you people? Can I get a phone? I did not

have a baby. Can we make a call for you? Yes.

Bobby Donald, 753. I know Bobby Donald. He had a baby, too.

Where the hell am I?

Some rubber room or something. I was blown up. I didn't have a baby.

Roberta, you need to calm down.

My name is not Roberta. It's Rebecca.

I was never pregnant. I didn't have a baby. I never had a baby. I don't want a

baby. Can you get that through your baby happy head?

Yes. You were blown up.

This is the missing patient.

Your name is Rebecca?

Yes.

Single. Without child.

This is the missing patient.

And after he ran off, I took her and her father to the hospital.

Are you sure about the man you saw?

Yes.

He lives in the building.

I know who he is.

Miss Tritter, I smell alcohol.

Have you been drinking?

I've had a few beers.

It's been a day.

At the time you saw the rape, were you drinking then?

Two beers?

Our probable cause hearing is at 10 a .m. tomorrow.

I prefer you not drink before that.

Okay.

Dr. Lenchel, CICU. Dr. Lenchel, CICU. Rebecca?

Mom. Are you all right?

I don't know.

Everybody keeps telling me I had a baby and that Bobby had a baby. I don't know

what's going on. There was a Roberta Washington who checked out. Rebecca, I'm

Dr. Emmerich.

Can I just look in your eyes for a second?

It's a miracle.

I don't know what happened. I mean, I remember some explosion, and then these

wackos keep telling me everybody's having babies.

Like, Lindsay and I did have a baby.

A little boy.

Robert Gordon Donnell.

You had a baby?

Did I?

How's it going?

Well, I'm studying up.

I'll be ready.

Am I being selfish?

No.

What's best for that baby?

Not him.

Then that's the answer.

Period.

Thank you.

And when I looked down from the window, that's when I saw him.

Him being...

That man, he was raping the girl.

Are you sure it was him?

Positive.

Thank you, Miss Tritter.

No questions.

You can step down, ma 'am.

Miss Gamble, it's thin, but I'm finding probable cause.

Defendant is bound over for trial, and trial is scheduled for March 12th.

Defendant goes back into custody. We're adjourned.

Miss Jamel, can I talk to you?

Sure.

Will my drinking have to come up at the trial?

Yes, Miss Tritter.

You can call me Michelle.

Michelle, it will definitely come up at trial. The defendant's lawyer is going

to try to discredit you with your drinking.

I've seen stuff on the news about this already.

I just recently met a guy, and I'm also trying to get a job, you know?

If he makes me out this big alcoholic... Listen, I won't lie to you.

It'll be rough.

You're basically our entire case.

What about the girl?

Well, she's not in the best emotional shape right now.

I really need you, Michelle.

There is simply no basis whatsoever for denying Michael Hale some limited

custody. Every study has shown undeniably the child's psychological

is best served with a connection to the father.

For young children, it affects cognitive development, social competence, the

ability to trust.

Some studies have even linked the father's involvement to a higher IQ.

Paternal involvement during middle childhood has been known to have a

effect on school success.

Your Honor, these studies are as sobering as they are unanimous.

Fatherless kids are more susceptible to depression, more likely to commit

crimes, to drop out of school, to commit suicide, 11 times more likely

to be violent, more likely to abuse drugs.

Does this mean a single mother can't successfully raise a child?

Of course not.

It happens a lot.

And to be fair, studies also show that parental conflict can have a negative

impact. But the likelihood is that this child will be better off with a

connection to her dad.

All we're asking for is that he be allowed to be involved.

With virtually every study, every child psychologist concurring that this is in

the best interest of the child, how can Ms. Frutt say no?

How can she not be willing to even give Michael Hale a chance?

If he's willing to adjust his work, to change his lifestyle, if he's

matured and he's ready to accept responsibility, Eleanor Frutt.

Doesn't want to give him that chance because she wants to maintain complete

control over that baby.

And even if Michael Hale were the perfect father, she would hold fast to

position.

That is a selfish position.

It has absolutely nothing to do with the best interests of this baby.

Let me. Let me. I want... Eleanor, sit.

I read all those studies.

I spoke with several experts.

And Miss Garrett's right.

Better the child have some connection to her father.

Better he be involved in her life right from the start.

That's the best -case scenario.

But that scenario wasn't available to Eleanor Freud.

She wasn't with the man.

She decided she wanted to be a single parent, so she went to a friend and

him to be a donor.

She never would have done so had there been a condition of his parental

involvement. Never.

All these studies, none of them apply to this particular situation.

As for the best interest of this particular child, yes.

We maintain she is better off with Eleanor acting as a single parent.

without Mr. Hale. He failed with his son.

He's never exercised any real degree of maturity or responsibility.

There are plenty of studies to show the damage caused to a child when a bond is

broken once a parent takes off.

We maintain...

It's a risk, letting this baby become emotionally attached to Mr. Hale.

Ms. Garrett says, why not try? Let's just see.

What's the harm?

Well, it does do harm in failure.

There are studies to show that.

Eleanor Frutt is the only person who can be trusted with this child's welfare.

She's the only one who's earned that trust.

We don't let sperm donors from sperm banks across the country. We don't let

change their minds. Start requesting DNA tests so they can track down their

offspring and insert themselves into the kids lives.

He's looking for special treatment just because he knows where his sperm went.

A deal was made.

Michael Hale has made no demonstration with his past or present behavior that

his involvement as a parent would run to the benefit of this child.

Accordingly, I would ask the court not to overturn the rights of my client

pursuant to this valid, legally enforceable contract.

Why can't it just be over?

I want it to be over.

Honey, all they need is for you to testify as to what happened and who did

Please, Daddy.

Look, we don't have to talk about this right now.

Hey, how's it going?

You tell us.

Could I talk to you outside for a second?

All I have is an eyewitness from a considerable distance who was probably

the influence.

Even with your daughter testifying, I... She's easily shakable, Mr. McGowan.

What are you telling me?

It doesn't look good.

He lives in our building.

You have to get him, Ms. Gamble.

He lives in our building.

You can't lose this bastard.

All rise.

Be seated.

I've never had a case like this.

There's contract law.

And there's best interests of the child.

As a matter of public policy, I have to give the latter more weight.

Ms. Frutt, all the prevailing studies favor a child's connection with a

While I don't doubt a single mother can successfully raise a child, I don't

think single parenting gives you or your daughter an advantage.

I certainly...

Salute your resolve and fortitude.

But I'm reminded of Penelope Leach's words.

Why is it socially reprehensible for a man to leave a baby fatherless, but

courageous or admirable for a woman to have a baby whom she knows will be so?

In looking at this particular case, I don't know whether this child will be

better served by Ms. Frott acting alone.

or with Mr. Hale's involvement.

It's crystal ball gazing, and I just don't know.

And I don't like to rule on statistical probabilities.

Without clear and convincing evidence, I'm going to let the contract tip the

scale.

I find the agreement at issue here valid.

Plaintiff's legal rights as a father are thereby terminated.

The request to add Mr. Hale's name to the birth certificate upon delivery is

denied. And we are adjourned.