All language subtitles for The Practice s07e04 The Cradle Will Rock
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on the practice.
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I've reviewed your plea offer.
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It's rejected.
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Why? Because your wife committed first
-degree murder.
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This just can't be the facts.
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It is an internal memorandum which says
the victim was likely moving towards
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Lindsay Dole. It's work product. It's
exculpatory. It's part of our internal
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investigation. It's work product. You
gave them that report.
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It was about giving defense a document
they're entitled to have.
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Why didn't you at least have the
integrity to be upfront about it? Before
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add me to a list of people that are out
to get you, when I started here, I
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wanted to be you.
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I find your misconduct to be deliberate,
egregious, and outrageous.
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I am dismissing the indictment with
prejudice. The defendant is to be
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immediately.
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Take me home.
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Am I wrong?
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Tell me if I'm wrong. You're not wrong.
I certainly don't want to force their
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hand, but... Let's go.
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Sorry to keep you... Listen.
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For many reasons, we feel, and we feel
strongly, we should plead guilty to
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manslaughter.
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What? Roland, they have a strong case.
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Our defense, our entire defense, is
predicated on religious freedom, which,
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this moment in time, has become one of
our less precious civil liberties.
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If you read the newspapers, you... We
don't. Well, if you would, you'd get a
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pretty good gauge on the public's
reaction.
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We don't care what the public thinks. To
the extent it reflects the attitude of
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your peers, you need to care.
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Twelve members of the public will be
sitting in that jury box.
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The layperson is outraged that you
didn't take your son to a hospital.
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John Q has no use for Christian science
other than to train his dog with your
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newspaper.
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Roland, you picked a bad time to let
somebody die in the name of a God.
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And it is our united view that if we
push this to trial, both of you, Could
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to prison for life.
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You're both decent people.
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We don't question you. We know you did
what you believed would save Peter.
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But you will lose at trial.
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We need to take the deal.
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The public's not going to be happy with
the plea, I tell you that. It's pound of
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flesh time.
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You think the public's going to be
disappointed? Try Helen. She's been
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the furniture getting ready for this
one.
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Hello.
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Hi. Hey.
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I thought you were coming back.
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So soon?
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Well...
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Hi. Hi.
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Jamie Stringer.
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I'm a big fan of yours.
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I'm so totally at your desk. Let me
move.
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Congratulations on being cleared. It was
so overdue.
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Actually, I wasn't cleared. I got out on
a technicality. But thank you.
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I am so totally at your desk.
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What the?
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Pat, are you all right? If you want
something, go around.
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First of all, what's going on?
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Are you leaving?
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I'm done.
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Retiring. You're retiring?
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I can't make the rent.
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I'm being evicted.
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Did you throw this?
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That's mine.
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Yeah, it came through our window.
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I must have overshot the box.
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Or shot it. It sailed halfway into our
office.
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Sorry.
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And the plea of manslaughter is
acceptable to the Commonwealth?
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Yes, Your Honor, with a joint
recommendation for a six -year sentence
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immediately upon the entering of the
verdict.
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Mr. and Mrs. Hubert, please rise.
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Mr. Hubert, do you understand that you
are pleading guilty to the charge of
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voluntary manslaughter?
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Yes, Your Honor. And by doing so, you
are acknowledging guilt and criminal
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responsibility for the death of your
son.
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Mr. Hubert, I asked you a question.
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Do you acknowledge your guilt and
responsibility in the death of your son?
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God. took my son, Your Honor. We did
everything we could to save him.
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If that's how you feel, why, sir, are
you pleading guilty?
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Because counsel has advised us to.
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Mrs. Hubert, do you also maintain you
are innocent?
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Yes, Your Honor.
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The plea bargain is rejected.
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Trial will begin tomorrow morning, 9 a
.m. We are adjourned.
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Chambers, Your Honor.
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Do you dare?
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Chambers.
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Are you okay?
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I'm fine.
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A client can choose to plead guilty even
while maintaining innocence.
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Not with me, he can't. Come on, 90 % of
all pleas are based on an analysis of
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winning percentages. They have nothing
to do with actual marriage. I don't
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accept guilty pleas from people claiming
innocence. To do so would be a farce.
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Our clients have a right to negotiate
down from a murder to conviction.
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Every defendant has that right. Eugene,
I realize.
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that nine out of ten judges would go
along, but I don't. If somebody says
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they're innocent, I don't let them come
stand in my courtroom and declare guilt
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for the purpose of improving
disposition.
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It's a mockery.
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The trial starts tomorrow.
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Try to get over your disappointment,
Helen.
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Of course you're happy. Plea bargains
suck.
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It's like a tie game. Nobody wins.
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The Japanese, they don't believe in
compromise.
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No such thing as win -win for the Japs.
There can be no victory unless the other
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guy loses.
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You know, that sounds racist.
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Oh, come on. Isn't that some hypocrisy?
It's okay to call Jewish women Japs, but
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we can't call Japs Japs? Well, it's not
okay to refer to Jewish women as Japs.
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And I'm becoming increasingly concerned
about you.
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Is that why you're here?
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To tell me that you're worried?
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Actually, no.
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I'm worried about Mrs. Hubert's unborn
child.
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She had a contraction in the courtroom
today. She's almost eight months.
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Her first child was born a month early.
There were complications.
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They didn't go to the hospital.
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Little boy almost died of asphyxiation.
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You know this how?
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Well, I learned it during my
investigation. Is there a way we can
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fetus? We have no jurisdiction over an
unborn.
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What about social services?
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They don't have it either. It's been
tried.
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You can thank your women's rights groups
for that. We've prosecuted women for
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killing their unborn fetuses, so can't
we make the argument if a fetus is a
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person for the purpose of charging
murder... It won't fly.
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I need you to think of something. That
baby could be in danger.
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Try section 12.
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You put a hold on the mother on
psychiatric grounds.
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You put an end around the Constitution,
the courts are much more predisposed to
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say yes there, especially if you have
the right judge.
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I'll do it.
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What do you mean you'll do it? I mean
I'll do it. It's a bit of a sell.
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It'll mean more if the divisional chief
himself appears in court. I don't think
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that's a good idea.
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Why? Well, I... I think you might be
leaping at the chance to take on this
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again. After losing Lindsay Dole...
Nonsense.
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I'm driven by the merits of the case.
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It's time we start protecting the unborn
children.
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This is a person. Eight months.
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It's viable.
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It's a life.
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And to say it doesn't have any vested
rights because it hasn't been delivered,
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all the while the delivery itself is
being jeopardized. It's insane.
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This case is ripe.
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It's important.
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It needs to be made forcefully and
publicly.
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I'll do it.
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This is not a stunt. Come on, Helen, you
take her into custody. How does that
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not prejudice the jury? The jury has
sequestered Buttnuts. They won't have to
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know. Mr. Walsh. Did he call me butt
nuts?
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Look, we have a viable baby in potential
danger. The law is clear.
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They cannot assert their religious
rights. Where's the danger? Premature
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delivery like her last child who almost
died from having an umbilical cord. That
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hardly gives you ground. These wackos
won't go to doctors. Mr. Walsh, that is
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quite enough.
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Your Honor, it makes the most sense to
simply delay the criminal trial until
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after she gives birth. That way... It
makes no sense to do that, given there's
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no basis to take Wendy Hubert into
custody. Section 12, Chapter 123.
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Read the law. Are you against that on
principle? You're going to lecture me on
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rules? Both of you, shut up.
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There will be no further delay of this
trial.
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We start this morning.
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Mr. Walsh, if you think you can make a
Section 12 showing, you're going to have
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to take it before another judge. I want
the proceedings sealed.
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If you get your order, come back to me
and I'll figure out a way to impose it
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without prejudicing the trial.
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Do any public yapping and I will declare
a mistrial and hold you in contempt.
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It would be a mistake to regard that as
judicial bluster.
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This is ridiculous.
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Eugene, a child's life is in danger.
That child's not in danger, Helen. This
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nothing to do with that child. What are
you, a doctor now? I've heard enough.
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Into court.
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Let's go.
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All right, I'm on my way.
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Walsh is going to a separate court to
get Wendy held on a Section 12.
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What? How? It's a ploy to get her in
custody until the baby's born. Jamie, I
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need some research. You're coming with
me. Excellent. Bring your computer. Make
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sure it's charged. We'll get on Westwall
in the cab. Right.
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Come on.
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Start with Section 12, Chapter 123,
Emergency Restraint of Dangerous
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Lindsay, what are you doing?
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Just sitting.
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I got good at it in prison.
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Is everything okay?
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Fine. I'm fine.
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Okay.
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Come on.
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There's a huge adjustment to being on
the outside again.
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She's been in jail a month, Jamie. I'm
just saying, get on the computer.
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Right.
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The official cause of death was adult
respiratory distress syndrome, ARDS for
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short. Although this was a child, the
diagnosis is the same. It was brought on
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by the hantavirus.
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Doctor, could you explain the hantavirus
to the jury?
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Basically, it's a virus found in
rodents, which when exposed to humans
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attack the lungs.
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How are humans exposed?
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Most of the time.
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Through the saliva, urine, or feces of
the rodent. If Peter touched a dead
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or a dead rat, that could have done it.
Or he could have simply inhaled dust
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that contained dried rodent urine or
feces.
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We don't know exactly how he was
exposed.
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But you're sure he was?
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00:14:01,030 --> 00:14:04,610
Absolutely. The autopsy concluded that
was the cause of death.
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00:14:05,350 --> 00:14:08,110
Doctor, would he have had any symptoms?
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00:14:08,630 --> 00:14:10,850
Acute. They would have started flu
-like.
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00:14:11,400 --> 00:14:15,020
Fever, coughing, headaches, then
progressively gotten worse.
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Muscle aches, breathing problems, lungs
filling with fluid.
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00:14:19,460 --> 00:14:23,360
This boy was in a lot of distress and
died a very painful death.
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00:14:23,640 --> 00:14:24,640
Objection, speculation.
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00:14:25,500 --> 00:14:30,720
Sustained. Doctor, is there medical
treatment that could have saved Peter?
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00:14:31,080 --> 00:14:35,460
Oxygen therapy, antiviral drugs, fluids.
If he'd been taken to a doctor
217
00:14:35,460 --> 00:14:36,840
immediately, he wouldn't be dead.
218
00:14:37,100 --> 00:14:38,700
Objection. In my opinion.
219
00:14:39,790 --> 00:14:40,790
I'll allow it.
220
00:14:41,390 --> 00:14:42,390
Thank you.
221
00:14:42,410 --> 00:14:43,410
That's all.
222
00:14:48,370 --> 00:14:52,870
So medical care could have saved this
boy's life. You can state that to a
223
00:14:52,870 --> 00:14:53,870
medical certainty?
224
00:14:54,470 --> 00:14:55,690
Probability. Probability.
225
00:14:55,970 --> 00:14:57,410
How probable, doctor?
226
00:14:57,730 --> 00:14:59,770
I can state it to a substantial
likelihood.
227
00:15:00,250 --> 00:15:01,690
Really? You must be quite a doctor.
228
00:15:01,910 --> 00:15:05,810
Do you mean if Peter Hubert had come to
you personally? This is badgering. I
229
00:15:05,810 --> 00:15:06,810
apologize.
230
00:15:07,290 --> 00:15:11,450
How many diagnosed cases have there been
of the hantavirus in the last 10 years,
231
00:15:11,570 --> 00:15:18,570
doctor? Since 1993, we've had 326
diagnosed. Of those cases, how many
232
00:15:18,570 --> 00:15:19,570
have died?
233
00:15:19,710 --> 00:15:20,710
122.
234
00:15:21,650 --> 00:15:27,070
122. Of those 122 cases, how many have
sought medical help?
235
00:15:27,330 --> 00:15:31,010
Most. Most. And yet 122 people have
died.
236
00:15:31,360 --> 00:15:35,640
Doctor, isn't it possible Peter Hubert
also might have died, even if he had
237
00:15:35,640 --> 00:15:36,760
gotten medical attention?
238
00:15:37,440 --> 00:15:38,960
Possible, but with early... Thank you,
Doctor.
239
00:15:39,400 --> 00:15:40,580
You answered my question.
240
00:15:45,580 --> 00:15:49,040
There is ample authority for the
Commonwealth to hold a pregnant mother.
241
00:15:49,260 --> 00:15:50,480
I didn't ask you for authority.
242
00:15:51,210 --> 00:15:52,850
I said, tell me why she's a nutcase.
243
00:15:53,110 --> 00:15:56,510
I would submit, Your Honor, any woman
who exposes her child to danger,
244
00:15:56,670 --> 00:16:01,270
potentially fatal danger, the benign
assessment would be nutcase. No, he's
245
00:16:01,270 --> 00:16:04,650
saying there's a presumption of
psychiatric infirmity for any Christian
246
00:16:04,650 --> 00:16:08,130
scientist. I am not saying that. You
most certainly are. Don't be putting
247
00:16:08,130 --> 00:16:11,570
statements into my mouth. I certainly am
capable of spewing my own nonsense.
248
00:16:12,210 --> 00:16:16,130
Your Honor, this woman is currently on
trial for murder. I don't think it's
249
00:16:16,130 --> 00:16:18,590
presumptive of me to have doubts. Yes,
it is, Counsel.
250
00:16:18,890 --> 00:16:20,170
She hasn't been convicted.
251
00:16:20,880 --> 00:16:23,000
The presumption, then, is one of
innocence.
252
00:16:23,620 --> 00:16:28,740
Remember that one? That would be per
constitutional right. I am before you
253
00:16:28,740 --> 00:16:30,160
on the rights of the child.
254
00:16:30,500 --> 00:16:34,760
There is no burden on the court when
weighing the best interest of the child
255
00:16:34,760 --> 00:16:38,960
constitutionally safeguard the mother.
Are we supposed to let this baby die and
256
00:16:38,960 --> 00:16:43,200
then say, hey, but at least we didn't
trample the civil liberties of mommy
257
00:16:43,200 --> 00:16:45,040
dearest? That's crap.
258
00:16:45,520 --> 00:16:46,520
And I'll say so.
259
00:16:46,540 --> 00:16:49,060
Nobody is saying forget about the child.
260
00:16:49,320 --> 00:16:54,240
We are just asking, how is it in danger?
By being in the womb of a woman who
261
00:16:54,240 --> 00:16:58,420
won't get medical help. Her last
delivery almost resulted in death.
262
00:16:58,810 --> 00:17:04,530
He survived only to die three years
later from the fumes of a dead rat,
263
00:17:04,530 --> 00:17:10,210
this mother didn't do a damn thing
about. She has a history of
264
00:17:10,210 --> 00:17:14,230
birth. She's having contractions. She
has a history of doing nothing when her
265
00:17:14,230 --> 00:17:16,750
kids are facing life -threatening
dangers.
266
00:17:29,800 --> 00:17:32,440
You guys, could you come with me a
second?
267
00:17:43,760 --> 00:17:45,440
Lindsay, what's going on?
268
00:17:46,160 --> 00:17:47,740
Oh, I just got this table out of
storage.
269
00:17:48,300 --> 00:17:50,320
I just thought I'd sit here while I get
used to being back.
270
00:17:51,200 --> 00:17:52,320
I'm kind of enjoying the quiet.
271
00:17:53,680 --> 00:17:54,680
Oh.
272
00:17:55,800 --> 00:17:56,800
Okay.
273
00:18:00,590 --> 00:18:01,590
He looked terrible.
274
00:18:02,070 --> 00:18:03,110
He would get dizzy.
275
00:18:03,350 --> 00:18:04,410
He would vomit.
276
00:18:05,030 --> 00:18:06,610
He had excruciating headaches.
277
00:18:07,230 --> 00:18:10,250
How often did you have occasion to see
Peter Hubert?
278
00:18:10,570 --> 00:18:13,270
At first, I saw him a lot. I was an
invited guest.
279
00:18:13,710 --> 00:18:14,910
Wendy and I were good friends.
280
00:18:15,150 --> 00:18:16,210
Your next -door neighbors?
281
00:18:16,630 --> 00:18:21,230
Yes. But the more I implored her to take
the child to the hospital, the more
282
00:18:21,230 --> 00:18:24,150
estranged we became, to the point where
I wasn't invited.
283
00:18:24,610 --> 00:18:28,330
At what point during his illness did
this estrangement take place?
284
00:18:28,690 --> 00:18:29,690
It was building.
285
00:18:30,240 --> 00:18:34,720
But when I called the ambulance myself,
that was pretty much it. I wasn't
286
00:18:34,720 --> 00:18:35,880
invited into the house anymore.
287
00:18:36,140 --> 00:18:37,280
You called an ambulance?
288
00:18:37,720 --> 00:18:39,440
Yes. I couldn't take it.
289
00:18:39,820 --> 00:18:41,440
He looked like he was going to die.
290
00:18:42,120 --> 00:18:43,540
Did an ambulance come?
291
00:18:44,000 --> 00:18:47,840
Yes. And they sent him away saying that
it was a false alarm.
292
00:18:48,960 --> 00:18:51,920
About two weeks after that, Peter did
die.
293
00:18:54,000 --> 00:18:57,660
During the course of Peter's illness,
did you witness his parents doing
294
00:18:57,660 --> 00:18:59,100
about it? They would pray.
295
00:18:59,920 --> 00:19:01,400
Lots and lots of praying.
296
00:19:01,620 --> 00:19:02,620
Just the two of them?
297
00:19:02,660 --> 00:19:06,900
No, sometimes people would come over,
group prayings. And during the illness,
298
00:19:07,100 --> 00:19:09,480
did it ever appear Peter's condition was
improving?
299
00:19:09,920 --> 00:19:14,480
A couple of times. The symptoms seemed
to subside, but then they would return.
300
00:19:14,760 --> 00:19:18,260
So they prayed and things at least
temporarily got better.
301
00:19:18,560 --> 00:19:20,280
That happened, what, once or twice?
302
00:19:20,580 --> 00:19:23,440
Well, I don't think they really did get
better. It just seems so.
303
00:19:24,360 --> 00:19:27,080
Yes. You were good friends with Wendy
Hubert?
304
00:19:27,360 --> 00:19:29,450
Yes. Was she a loving mother?
305
00:19:29,770 --> 00:19:30,770
I thought so, yes.
306
00:19:31,050 --> 00:19:34,350
At any time, did you ever question her
love for Peter?
307
00:19:34,570 --> 00:19:38,330
No. Did you ever have occasion to
question Roland's love for his son?
308
00:19:38,630 --> 00:19:43,290
No. As you observed them praying and
praying and praying for their son's
309
00:19:43,290 --> 00:19:46,170
recovery, you regarded these prayers as
heartfelt?
310
00:19:46,570 --> 00:19:47,570
Of course.
311
00:19:47,770 --> 00:19:51,350
After Peter's passing, did you ever have
occasion to meet with the Hubrids?
312
00:19:51,590 --> 00:19:53,270
Yes, I went to them with my sympathy.
313
00:19:53,690 --> 00:19:57,430
So you had an opportunity to observe
their reaction to Peter's death.
314
00:19:57,900 --> 00:19:59,860
I saw them after, like I said.
315
00:20:00,260 --> 00:20:02,580
How would you describe their reaction to
Peter's death?
316
00:20:03,080 --> 00:20:04,080
They were devastated.
317
00:20:05,500 --> 00:20:06,640
What parent wouldn't be?
318
00:20:09,340 --> 00:20:10,480
Thank you, Miss Esten.
319
00:20:20,600 --> 00:20:23,720
I've never seen Swackheim deliberate
this long over a decision.
320
00:20:24,780 --> 00:20:25,880
Truth is...
321
00:20:26,510 --> 00:20:29,070
I never figured he gave any thought at
all to his rulings.
322
00:20:29,650 --> 00:20:32,390
I thought he just flipped a coin, the
lazy hack.
323
00:20:35,850 --> 00:20:39,070
Why did you come after me with all the
personal attacks in the Dole case,
324
00:20:39,150 --> 00:20:40,150
Eleanor?
325
00:20:41,070 --> 00:20:42,070
I want to know.
326
00:20:42,670 --> 00:20:43,750
Part of it was strategy.
327
00:20:44,730 --> 00:20:47,470
Part of it was your antics truly
offended me.
328
00:20:48,490 --> 00:20:51,250
Don't you regard your behavior toward me
as slightly vicious?
329
00:20:52,670 --> 00:20:53,670
Maybe.
330
00:20:55,820 --> 00:20:56,880
I went to see a shrink.
331
00:20:57,460 --> 00:21:00,240
You know what he told me? I could be
sexually frustrated.
332
00:21:01,380 --> 00:21:05,820
Why is it shrinks are all Freudian, sex
-obsessed, depraved perverts?
333
00:21:06,680 --> 00:21:08,220
They think everything is sex.
334
00:21:11,760 --> 00:21:13,040
How often you get laid?
335
00:21:13,720 --> 00:21:14,720
Big bone girl.
336
00:21:14,900 --> 00:21:15,900
Can't be too often.
337
00:21:16,300 --> 00:21:20,080
You, on the other hand, probably rent
rooms by the hour. Little tramps coming
338
00:21:20,080 --> 00:21:21,360
out of law school these days.
339
00:21:21,720 --> 00:21:22,720
Look at you.
340
00:21:23,080 --> 00:21:24,660
Cherubic little sperm magnet.
341
00:21:25,830 --> 00:21:28,670
Did you just call me Cherubic, Jamie?
342
00:21:31,070 --> 00:21:34,330
He had a fever, but he'd had fevers in
the past.
343
00:21:34,830 --> 00:21:38,670
Our course of treatment had always been
prayer, cold compacts.
344
00:21:39,050 --> 00:21:43,150
These treatments had proved to be
successful in the past. When you say
345
00:21:43,290 --> 00:21:48,990
five, six, over three years, you also
had strep before, conjunctivitis, many
346
00:21:48,990 --> 00:21:51,710
illnesses, which we treated successfully
with prayer.
347
00:21:52,310 --> 00:21:54,510
We thought we would be successful here.
348
00:21:55,040 --> 00:21:58,480
But, Mr. Hubert, when Peter started
having trouble breathing... We responded
349
00:21:58,480 --> 00:21:59,620
with more intensive treatment.
350
00:21:59,860 --> 00:22:00,860
Which was?
351
00:22:01,140 --> 00:22:03,760
Prayer. This is our faith, Mr. Donald.
352
00:22:04,100 --> 00:22:07,760
I understand, but, Mr. Hubert, a lot of
people are wondering how a father could
353
00:22:07,760 --> 00:22:08,840
just let his son die.
354
00:22:09,100 --> 00:22:10,240
I didn't just let him die.
355
00:22:11,400 --> 00:22:15,040
My wife and I did everything we could to
help him heal. We did what we believed
356
00:22:15,040 --> 00:22:16,400
would help him get better.
357
00:22:16,800 --> 00:22:19,580
We did not sit idly. We did not let my
son die.
358
00:22:19,930 --> 00:22:24,410
Why not pray in the waiting room while a
doctor treated your son? Because taking
359
00:22:24,410 --> 00:22:28,190
him for medical treatment would not, in
our view, heal him, and we wanted him to
360
00:22:28,190 --> 00:22:31,830
recover. I'm asking hard questions, sir,
because this jury would like to know
361
00:22:31,830 --> 00:22:36,470
how any loving father could just turn
his back on medical assistance which has
362
00:22:36,470 --> 00:22:37,690
been proven to work.
363
00:22:40,810 --> 00:22:42,710
Every one of us draws the line
somewhere.
364
00:22:44,490 --> 00:22:48,330
Most people think artificial life
-saving devices go too far, and they
365
00:22:48,330 --> 00:22:49,530
living wills to prohibit them.
366
00:22:50,310 --> 00:22:55,430
Sixty years ago, people considered
transplanting organs to be ungodly and
367
00:22:55,430 --> 00:22:58,010
perverse. Now the line has moved.
368
00:22:58,630 --> 00:23:03,590
People are okay with it today. Today,
stem cell research is considered
369
00:23:03,950 --> 00:23:08,470
totally against God and humanity. But as
the arguments are made how it can save
370
00:23:08,470 --> 00:23:12,290
lives, well, the line of acceptability
is about to move again.
371
00:23:13,310 --> 00:23:18,530
Likelihood is people will eventually
embrace some form of human cloning
372
00:23:18,530 --> 00:23:22,070
as long as there is a life to be saved,
how can you say no to it?
373
00:23:22,670 --> 00:23:27,130
Well, Christian scientists are simply
unwilling to move the line, unwilling to
374
00:23:27,130 --> 00:23:31,390
adjust our faith to keep up with the
times. There will always be new
375
00:23:31,510 --> 00:23:33,450
new technologies, new devices and
inventions.
376
00:23:34,560 --> 00:23:38,500
That doesn't change the fact that we
consider this world to be a spiritual
377
00:23:38,620 --> 00:23:43,100
and that both sin and illness can only
be overcome by spiritual power.
378
00:23:44,500 --> 00:23:49,320
And since I believe divine healing to be
my son's best chance at survival, I
379
00:23:49,320 --> 00:23:53,320
felt the most reasonable thing that I
could do was turn to it.
380
00:23:58,640 --> 00:24:03,260
So while many of us draw the line at
stem cell research and cloning,
381
00:24:04,300 --> 00:24:06,640
You draw it at 106 temperature.
382
00:24:08,880 --> 00:24:13,240
Mr. Schubert, did you go to an
ophthalmologist to get your glasses?
383
00:24:13,620 --> 00:24:14,880
We don't consider that medicine.
384
00:24:15,180 --> 00:24:18,600
According to my records, you also
visited a dentist last summer.
385
00:24:18,860 --> 00:24:23,240
Again, we consider that aid, not
medicine. In fact, you went during your
386
00:24:23,240 --> 00:24:28,260
illness. My faith allows for aid from a
dentist. It doesn't medical treatment. I
387
00:24:28,260 --> 00:24:30,820
explain that, and I object to the
ridicule.
388
00:24:33,320 --> 00:24:35,460
Do you think I came here today to
ridicule you?
389
00:24:35,820 --> 00:24:40,680
You think there's a judge up there, a
jury over here, all gathered to ridicule
390
00:24:40,680 --> 00:24:41,680
you, sir?
391
00:24:42,120 --> 00:24:46,020
This is a murder trial, Mr. Hubert. A
boy is dead. My boy.
392
00:24:46,220 --> 00:24:49,580
You say that as if you were his parent.
I was his parent. And you think it's
393
00:24:49,580 --> 00:24:53,200
prejudice to hold parenting up to the
standards of reasonableness.
394
00:24:54,000 --> 00:24:57,660
Because that's what this is about, Mr.
Hubert. I don't care what God you
395
00:24:57,660 --> 00:25:02,000
in. You were vested with the care of a
very sick three -year -old little boy,
396
00:25:02,080 --> 00:25:05,160
and you let him die. I did not. Yes, you
did.
397
00:25:05,600 --> 00:25:10,820
Objection! Withdrawn. Who gave you the
right to exalt religion here at the
398
00:25:10,820 --> 00:25:13,840
expense... You find that in the
Constitution, Counsel. And does one have
399
00:25:13,840 --> 00:25:18,000
the Constitution in order to be
protected by it? What about the three
400
00:25:18,000 --> 00:25:20,160
-olds who cannot sound out the words
yet?
401
00:25:20,460 --> 00:25:24,560
Did Peter have any rights, Mr. Huber?
Peter understood the basic principles of
402
00:25:24,560 --> 00:25:29,940
our faith. Is it your testimony that
your son... made an informed, competent
403
00:25:29,940 --> 00:25:35,060
decision not to go to the hospital as he
lay dying in agony.
404
00:25:35,300 --> 00:25:38,900
Obviously, I made the choice. Yes, you
made it. And what part of the
405
00:25:38,900 --> 00:25:40,620
Constitution were you... I was his
guardian.
406
00:25:40,860 --> 00:25:45,820
Yes, you were his guardian, Mr. Hubert.
For God's sakes, you were his guardian,
407
00:25:45,880 --> 00:25:48,600
and you simply let him die. I did not.
408
00:25:50,960 --> 00:25:51,960
Oh, right.
409
00:25:52,740 --> 00:25:53,740
You prayed.
410
00:25:55,480 --> 00:25:57,200
Here's a flash, Mr. Hubert.
411
00:25:58,570 --> 00:25:59,570
We all pray.
412
00:26:17,190 --> 00:26:22,610
I haven't seen any evidence that Mrs.
Hubert is a dangerous person, other than
413
00:26:22,610 --> 00:26:26,670
Mr. Walsh's assumption that she's guilty
of the charges for which she hasn't yet
414
00:26:26,670 --> 00:26:27,670
been convicted.
415
00:26:27,980 --> 00:26:30,460
The Commonwealth's petition is denied.
416
00:26:31,420 --> 00:26:32,580
Just like that?
417
00:26:33,720 --> 00:26:35,380
What do you want, a preamble?
418
00:26:36,520 --> 00:26:38,160
Could I be heard, Your Honor?
419
00:26:41,020 --> 00:26:47,920
Every day on my job, I battle civil
rights activists who bemoan
420
00:26:47,920 --> 00:26:52,380
the erosion of the Fourth Amendment, who
fight for the murderer's right to
421
00:26:52,380 --> 00:26:57,480
counsel. You know what I'm talking
about. All those liberal puffer fish who
422
00:26:57,480 --> 00:27:01,200
protesting the death penalty while they
cling to a woman's right to have an
423
00:27:01,200 --> 00:27:05,820
abortion like it's an inalienable
American right, and I'm sick of it. Who
424
00:27:05,820 --> 00:27:10,980
hell is sticking up for this unborn
person? He's eight months old. He's
425
00:27:11,180 --> 00:27:16,620
And yet we say he doesn't exist for the
purpose of being protected because he
426
00:27:16,620 --> 00:27:20,900
hasn't passed through the great vaginal
gateway like it's the Holland Tunnel.
427
00:27:21,150 --> 00:27:26,250
Where in God's name are all the pro
-lifers today sticking up for this
428
00:27:26,250 --> 00:27:27,250
life?
429
00:27:27,530 --> 00:27:29,530
Why is this room empty, I ask?
430
00:27:29,730 --> 00:27:31,370
Because the proceeding is sealed.
431
00:27:31,670 --> 00:27:32,670
Anything else?
432
00:27:32,810 --> 00:27:36,910
We fight for the rights of the accused,
the right to abort, the right to
433
00:27:36,910 --> 00:27:40,830
exercise religion and free speech, but
we don't fight for human life?
434
00:27:42,530 --> 00:27:47,390
We're like little bugs, ants,
cockroaches. We're no better than the
435
00:27:47,390 --> 00:27:49,290
vermin running around on our kitchen
floor.
436
00:27:49,950 --> 00:27:52,530
We should just wipe the earth clean of
mankind.
437
00:27:59,310 --> 00:28:01,730
Motion to rid mankind denied.
438
00:28:02,830 --> 00:28:03,990
We're adjourned.
439
00:28:24,600 --> 00:28:26,940
Kenneth, clearly I don't like you.
440
00:28:27,700 --> 00:28:32,800
But I have always, always considered you
a legal talent and an extremely
441
00:28:32,800 --> 00:28:34,100
formidable foe.
442
00:28:35,320 --> 00:28:39,780
But now... Kenneth, you need to get some
help.
443
00:28:41,900 --> 00:28:45,020
You're rambling on like an evangelist on
coke.
444
00:28:45,420 --> 00:28:49,360
Whether it's a vacation... Are you
sexually attracted to me?
445
00:28:52,740 --> 00:28:54,310
No. I'm not.
446
00:28:55,150 --> 00:28:56,150
I didn't think so.
447
00:28:56,870 --> 00:28:59,110
But the shrink threw it out, so I
thought I'd ask.
448
00:29:01,230 --> 00:29:04,890
Women never are, you know, attracted to
me.
449
00:29:07,130 --> 00:29:08,750
See sperm magnet over there?
450
00:29:10,650 --> 00:29:12,170
Not in my wildest dreams.
451
00:29:12,410 --> 00:29:13,910
Kenneth, you need to take a break.
452
00:29:15,970 --> 00:29:16,970
Maybe.
453
00:29:18,250 --> 00:29:19,550
I am tired.
454
00:29:23,600 --> 00:29:24,960
I seem to be tired a lot.
455
00:29:31,720 --> 00:29:32,720
I'm tired.
456
00:29:56,650 --> 00:29:57,650
All set?
457
00:29:59,310 --> 00:30:02,910
Bobby, I want to start my own practice.
458
00:30:06,410 --> 00:30:07,409
Excuse me?
459
00:30:07,410 --> 00:30:10,170
I can rent this office, take little
cases.
460
00:30:10,970 --> 00:30:14,810
Lindsay... I'm not ready to just jump
back in, Bobby. I don't know when I will
461
00:30:14,810 --> 00:30:17,670
be. And this is a way for me to take
baby steps.
462
00:30:18,610 --> 00:30:23,290
Start a new practice in this room? I can
take little collection cases, contract
463
00:30:23,290 --> 00:30:25,790
disputes, buy parking tickets. I can
even be my own secretary.
464
00:30:26,490 --> 00:30:27,590
I can use your library.
465
00:30:27,810 --> 00:30:30,090
Lucy can help me with pleadings from
time to time.
466
00:30:32,250 --> 00:30:33,490
I like the quiet here.
467
00:30:38,610 --> 00:30:41,490
Let's not think for a second this isn't
about freedom of religion.
468
00:30:43,950 --> 00:30:48,090
There's not even a suggestion that
Roland and Wendy Hubert didn't believe
469
00:30:48,090 --> 00:30:50,350
was capable of healing their son.
470
00:30:50,850 --> 00:30:51,950
It had in the past.
471
00:30:52,210 --> 00:30:56,470
It had cured... Peter in the past, and
they believed it would do so here.
472
00:30:57,170 --> 00:31:01,250
They are on trial because the
prosecution considers that belief, that
473
00:31:01,250 --> 00:31:02,970
belief, to be unreasonable.
474
00:31:04,030 --> 00:31:05,030
And you know what?
475
00:31:05,590 --> 00:31:06,590
So do I.
476
00:31:07,230 --> 00:31:11,970
My kid, he goes to the hospital, but
that's me. My right. Mr. and Mrs. Hubert
477
00:31:11,970 --> 00:31:13,070
have their rights.
478
00:31:13,350 --> 00:31:17,230
Problem is, they picked the wrong time
in the world to exercise them.
479
00:31:17,550 --> 00:31:21,870
See, the American people have no
tolerance right now for somebody dying
480
00:31:21,870 --> 00:31:24,290
name of a god from an unpopular
religion.
481
00:31:24,670 --> 00:31:27,570
And that's exactly why this case is
important.
482
00:31:28,770 --> 00:31:30,330
But not just to the Huberts.
483
00:31:31,070 --> 00:31:32,170
To all of us.
484
00:31:33,610 --> 00:31:38,370
Every legal scholar across this country
today is united in one common sentiment.
485
00:31:38,570 --> 00:31:42,710
We are one terrorist attack away from
kissing the Constitution goodbye.
486
00:31:42,990 --> 00:31:45,990
Now, this case isn't about terrorism. Of
course not.
487
00:31:46,460 --> 00:31:51,640
But it is one affected by it. Because
our civil rights, including and
488
00:31:51,640 --> 00:31:55,100
freedom of religion, are becoming
endangered species.
489
00:31:55,700 --> 00:32:00,060
This trial would have never happened
before September 11th. Never.
490
00:32:00,680 --> 00:32:05,080
They can't even show how medical help
would have saved Peter Hubert. He caught
491
00:32:05,080 --> 00:32:10,220
deadly virus that is fatal much of the
time, medical care or not. How?
492
00:32:11,200 --> 00:32:12,200
Huh?
493
00:32:13,060 --> 00:32:18,220
How? Can you charge a couple with murder
for not calling a doctor when the
494
00:32:18,220 --> 00:32:22,260
strong possibility is calling that
doctor would have made no difference?
495
00:32:24,020 --> 00:32:25,120
They have no case.
496
00:32:26,820 --> 00:32:29,160
But here we are, just the same. Why?
497
00:32:29,480 --> 00:32:30,820
Because the public is angry.
498
00:32:31,240 --> 00:32:35,760
Somebody died, seemingly for somebody
else's God, and we sure as hell don't go
499
00:32:35,760 --> 00:32:36,760
for that, do we?
500
00:32:36,920 --> 00:32:39,860
Don't you dare think this isn't a
referendum on Christian science.
501
00:32:40,440 --> 00:32:45,420
Don't you dare believe freedom of
religion isn't in play here. These
502
00:32:45,420 --> 00:32:46,620
aren't murderers.
503
00:32:46,860 --> 00:32:51,320
They're loving parents. Even the
prosecution's own witness told you that.
504
00:32:51,640 --> 00:32:56,900
And Mr. Huber's testimony about the
medical perversity such as transplants,
505
00:32:56,900 --> 00:32:58,960
cell research, cloning, it's all true.
506
00:33:00,140 --> 00:33:02,120
Doctors playing God.
507
00:33:03,680 --> 00:33:07,060
Well, as human beings, we all implore,
let God be God.
508
00:33:10,580 --> 00:33:13,360
Well, that's what Wendy and Roland were
trying to do here.
509
00:33:14,280 --> 00:33:20,240
They were attempting to save their child
by letting God be God.
510
00:33:27,500 --> 00:33:32,460
If they succeed in making this about
freedom of religion, they win.
511
00:33:33,000 --> 00:33:37,260
Because we're all for the First
Amendment, aren't we? One person's faith
512
00:33:37,260 --> 00:33:39,360
more right than the next guy's.
513
00:33:39,880 --> 00:33:43,940
If I have the burden of condemning
Christian science, then the prosecution
514
00:33:43,940 --> 00:33:46,340
loses, as it should.
515
00:33:46,820 --> 00:33:50,160
But this case has nothing to do with
religion.
516
00:33:51,660 --> 00:33:57,380
This case is about parenting, something
we very much hold up to the standards of
517
00:33:57,380 --> 00:34:00,740
reasonableness, not to mention decency.
518
00:34:01,480 --> 00:34:06,580
This case is about a little boy who got
sick, first with a burning fever, then
519
00:34:06,580 --> 00:34:07,580
muscle pain.
520
00:34:07,640 --> 00:34:13,320
Nausea, perhaps delirium. This is about
a child whose lungs filled up with fluid
521
00:34:13,320 --> 00:34:15,739
to the point where he could no longer
breathe.
522
00:34:16,500 --> 00:34:18,020
To the point of death.
523
00:34:18,739 --> 00:34:25,580
All under the watch of those two people,
his parents.
524
00:34:26,120 --> 00:34:29,639
A neighbor heard the screams, called an
ambulance.
525
00:34:30,020 --> 00:34:32,239
They sent the paramedics away.
526
00:34:32,860 --> 00:34:39,530
The expert evidence here which stands
uncontradicted, is that Peter Hubert
527
00:34:39,530 --> 00:34:44,210
likely would have been saved had he
gotten medical attention.
528
00:34:45,170 --> 00:34:51,110
So we don't need to dignify defense
counsel's ridiculous claim that what
529
00:34:51,110 --> 00:34:54,310
did, what they didn't do, made no
difference.
530
00:34:55,110 --> 00:35:01,050
You can believe in whatever God you
want, worship the way you like,
531
00:35:01,290 --> 00:35:04,310
but when you have a child,
532
00:35:05,390 --> 00:35:10,670
When you bring a child into this world,
you have a duty.
533
00:35:11,350 --> 00:35:18,210
You owe that child. When you see him
dying, dying a painful death
534
00:35:18,210 --> 00:35:23,970
in front of you, you have a duty to get
that child medical attention.
535
00:35:24,270 --> 00:35:29,530
You cannot ignore that obligation by
cloaking yourself in some religious
536
00:35:29,530 --> 00:35:30,530
freedom.
537
00:35:31,450 --> 00:35:32,510
I'm offended.
538
00:35:33,450 --> 00:35:34,049
By Mr.
539
00:35:34,050 --> 00:35:38,830
Young's trading on terrorism, on our
fears over our changing world.
540
00:35:39,270 --> 00:35:44,990
I assure you, I prosecuted murderers
before September 11th, and I continue to
541
00:35:44,990 --> 00:35:50,110
so after. If you're looking to draw any
connection, what happened September
542
00:35:50,110 --> 00:35:52,630
11th? What happened to Peter Hubert?
543
00:35:55,070 --> 00:35:59,450
Both were crimes against the very core
of humanity.
544
00:36:00,990 --> 00:36:02,490
A little boy died.
545
00:36:04,520 --> 00:36:11,360
He suffered because his parents wouldn't
call a doctor.
546
00:36:14,560 --> 00:36:15,700
That's why we're here.
547
00:36:16,740 --> 00:36:19,280
That is the only reason we are here.
548
00:36:35,500 --> 00:36:37,060
So now we wait.
549
00:36:37,380 --> 00:36:40,520
They'll deliberate to 5 o 'clock. If
they haven't reached a verdict, they'll
550
00:36:40,520 --> 00:36:41,900
suspend until tomorrow.
551
00:36:42,700 --> 00:36:43,780
Oh. Wendy?
552
00:36:44,420 --> 00:36:45,420
Oh.
553
00:36:45,920 --> 00:36:47,960
Remember I said this baby wasn't going
to wait?
554
00:36:48,200 --> 00:36:49,200
Now?
555
00:36:49,800 --> 00:36:52,120
Not this second, but today.
556
00:36:52,520 --> 00:36:53,399
Okay, okay.
557
00:36:53,400 --> 00:36:55,080
Maybe we should get the paramedics.
558
00:36:56,280 --> 00:36:57,280
Is that okay?
559
00:36:57,360 --> 00:37:00,840
Yeah, to take her home. Yes. We have a
midwife. I'll call her. She can meet us
560
00:37:00,840 --> 00:37:01,840
there. Oh.
561
00:37:07,950 --> 00:37:08,950
Don't you like it?
562
00:37:09,770 --> 00:37:14,050
Well, yes, but the personal stuff is
usually left off the door.
563
00:37:14,370 --> 00:37:15,430
I'll take it off eventually.
564
00:37:16,110 --> 00:37:19,130
But I want the people who hire me to get
the idea. I'm not going to be here late
565
00:37:19,130 --> 00:37:20,130
or on call at home.
566
00:37:20,590 --> 00:37:23,010
They see Mother, it makes a point.
567
00:37:24,630 --> 00:37:25,630
Yes, it does.
568
00:37:32,190 --> 00:37:33,190
How'd it go?
569
00:37:33,530 --> 00:37:35,290
Almost soon. How about you?
570
00:37:36,070 --> 00:37:37,070
I lost.
571
00:37:37,360 --> 00:37:38,520
Well, you know Swackheim.
572
00:37:38,860 --> 00:37:45,780
Lazy, fat... Listen, uh... I'm taking
some
573
00:37:45,780 --> 00:37:46,780
time.
574
00:37:47,380 --> 00:37:49,100
Go away, get some rest.
575
00:37:52,100 --> 00:37:53,480
I'm just gonna take some time.
576
00:37:54,800 --> 00:37:57,460
How much?
577
00:37:57,900 --> 00:37:59,520
Oh, I don't know.
578
00:38:00,520 --> 00:38:04,400
Until I, uh... I get better.
579
00:38:07,790 --> 00:38:12,530
You will get better. You've just been
overworked, overtired.
580
00:38:12,770 --> 00:38:13,770
Yeah.
581
00:38:15,110 --> 00:38:18,050
Helen, I...
582
00:38:18,050 --> 00:38:23,650
I'm sorry.
583
00:38:27,370 --> 00:38:28,750
Just get yourself well.
584
00:38:29,990 --> 00:38:31,030
Whatever it takes.
585
00:38:37,160 --> 00:38:38,160
I'll be fine.
586
00:38:38,740 --> 00:38:42,260
I'll be fine.
587
00:38:42,920 --> 00:38:43,920
I'll be fine.
588
00:38:49,120 --> 00:38:50,120
Well,
589
00:38:51,500 --> 00:38:55,860
the verdict is still out on me, but
yours just came in.
590
00:39:04,540 --> 00:39:06,520
You're doing fine. You're doing great.
591
00:39:11,020 --> 00:39:12,460
Can they read the verdict without them
present?
592
00:39:12,740 --> 00:39:13,740
They'll have to.
593
00:39:32,040 --> 00:39:36,340
Madam foreperson, has the jury reached a
unanimous verdict?
594
00:39:36,580 --> 00:39:37,740
We have, Your Honor.
595
00:39:38,380 --> 00:39:39,960
Almost. Keep going.
596
00:39:40,680 --> 00:39:41,820
There's a couple more, honey.
597
00:39:42,200 --> 00:39:43,420
Okay, okay.
598
00:39:43,860 --> 00:39:45,860
In the matter of Commonwealth v.
599
00:39:46,080 --> 00:39:50,900
Roland Hubert and Wendy Hubert, on count
one, murder in the second degree
600
00:39:50,900 --> 00:39:56,840
against Roland Hubert, we find the
defendant, Roland Hubert, guilty.
601
00:39:57,960 --> 00:40:04,160
On count two, murder in the second
degree against Wendy Hubert,
602
00:40:04,280 --> 00:40:08,520
we find the defendant, Wendy Hubert,
guilty.
603
00:40:13,260 --> 00:40:14,260
Oh, he's beautiful.
604
00:40:17,040 --> 00:40:18,040
Here he is.
605
00:40:25,900 --> 00:40:28,640
Arrest warrants are issued for Mr. and
Mrs. Hubert.
606
00:40:28,920 --> 00:40:33,160
Your Honor, can we be allowed to
surrender them? I'm sorry. Post
607
00:40:33,160 --> 00:40:34,320
can't give you that courtesy.
608
00:40:34,980 --> 00:40:37,400
Members of the jury, thank you for your
service.
609
00:40:37,780 --> 00:40:39,640
This matter is adjourned.
610
00:40:43,630 --> 00:40:44,630
A 15 -minute head start.
611
00:40:45,690 --> 00:40:46,690
Okay.
612
00:40:47,770 --> 00:40:48,770
She had a boy.
613
00:40:50,190 --> 00:40:51,190
Let's go.
614
00:40:57,630 --> 00:40:59,470
They'll take Wendy to a medical
facility.
615
00:40:59,670 --> 00:41:01,850
By law, they have to at least for a day.
616
00:41:04,370 --> 00:41:05,570
What about my son?
617
00:41:06,270 --> 00:41:10,970
Social services is on their way. They
take custody initially till we figure
618
00:41:10,970 --> 00:41:11,970
things out.
619
00:41:12,590 --> 00:41:13,850
Why can't he come with us?
620
00:41:14,070 --> 00:41:15,630
I'll make sure he's okay, Wendy.
621
00:41:15,850 --> 00:41:16,850
Don't you worry.
622
00:41:17,510 --> 00:41:18,510
Let's go.
623
00:41:23,090 --> 00:41:24,510
I'll wait for social services.
624
00:41:32,870 --> 00:41:33,930
What really happened?
625
00:41:35,170 --> 00:41:36,730
He goes into foster homes?
626
00:41:37,210 --> 00:41:38,210
I'm not really sure.
627
00:41:40,430 --> 00:41:41,850
He's beautiful, isn't he?
628
00:41:43,100 --> 00:41:44,680
Yeah. Would you like to hold him?
629
00:41:47,040 --> 00:41:48,040
Sure.
630
00:41:50,280 --> 00:41:50,680
I
631
00:41:50,680 --> 00:41:58,940
need
632
00:41:58,940 --> 00:42:00,400
to clean up. I'll just be a second.
633
00:42:10,320 --> 00:42:14,140
What? I'm not adopting if that's where
you're going. I wasn't. I was just
634
00:42:14,140 --> 00:42:17,520
looking at an odd sight under the
circumstances.
635
00:42:23,020 --> 00:42:24,120
He is beautiful.
50544
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