Original subtitles

Previously on The Practice.

His name is William Hanks. He's a serial psycho head chopper. We just

successfully got acquitted. Now he's obsessed or something with Lindsay. I

want you to scare him.

I'll take care of it, Bobby.

Hello, Lindsay. If you're getting this, it's at the instructions of my probate

attorney, which means I must be dead.

That's unfortunate.

I usually like to have the last laugh.

This is my little insurance policy on that.

Get out. What? Go!

Right here.

You just stay calm.

I'm right here.

Can you tell me your injuries? Not yet.

I'm right here with you.

Heart stopped.

Get the paddles.

Charging at 200.

Clear.

Nothing. Charging at 360.

Clear.

Okay, she's back.

She's back. Okay.

20 -year -old female. BP is 120 over 90. I want to be with her. You can't, sir.

You have to wait here.

What do you got? 25 -year -old female in an explosion. What is the full arrest?

Sir,

sir. I'm sorry, but you cannot go past this point.

You learn anything more?

Just explosion.

That's all I got.

Lucy was conscious.

I think she's okay.

Thank you.

Have you received any threats to bomb us? No.

Lucy Hatcher?

That's us.

She's okay.

She suffered a concussion and a couple of lacerations. Other than that, just

some bruises.

The x -rays were all negative.

Can we see her? She's being stitched up. After that, they'll bring her out. What

about Rebecca Washington?

The other doctors are treating her. I'll check for you.

Bobby!

Is she okay?

We don't know.

The doctors are still working on her. What happened?

There was some kind of explosion in the office.

What were her injuries? We're not sure yet. Is she conscious or is she... I

don't think so.

Hey, hey, hey.

Lucy.

Go, go, go, go.

Are you all right?

Yeah, just some stitches.

What happened?

Well, it makes... What?

There was a tape recorder with a message in it.

Something about him getting the last laugh and... Beck said run and then

everything just blew up. The voice. He identified himself as Hinks. I know his

voice.

Jimmy. Lucy's okay.

We don't know about Rebecca.

Hinks sent them all.

Can I talk to you a bit about this tape recorder?

I'd also like you to talk to some people from our bomb squad.

How'd it get there?

Hanks' probate attorney sent it over.

Do you know his name?

There might have been a letter, but I don't remember.

Dr. Shaw?

Rebecca Washington?

That's my daughter.

She's suffered some pretty tough internal injuries. There's also some

in the brain.

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

down.

We need to repair her spleen, and it's possible that she may lose a kidney.

She's on her way to the OR now.

Is she going to live, Doctor?

Well, we're hoping she will, yes.

We're all hoping. The question is, will she?

Well, we'll know better once we get in there.

I'll come out as soon as we're finished.

Doctor, my daughter, she's a Jehovah's Witness.

She can't have any blood transfusions.

She's not a Jehovah's Witness. She is.

Bobby, I know my daughter's faith.

And she would not want a transfusion under any circumstances.

Mrs. Washington, she's already lost a lot of blood.

To withhold a transfusion at this point would pose a very grave risk.

You can do the surgery.

You can use non -blood alternatives, but no blood.

Are there any other family members here? I'm her only family. Lane, I think...

Bobby, no.

What are we facing?

Well, we can do auto -transfusions for the surgery.

What's that mean? Well, we basically recycle her own blood. But she's lost

almost three liters coming in.

The odds of her surviving without a transfusion... Let me talk to her.

Bobby, I said no.

Do the surgery.

No blood.

One second, Elaine.

What do I need to do?

I'm sorry? To authorize the transfusion. Well, you need to convince the mother.

The patient's intent. I can't take your word over her mother's on what the

patient's intent is.

I'm sorry.

I'm going to go over to the mother, then I'll come back to you and tell you she

consented. Then you'll be authorized to give the transfusion. Then you'll be

covered. This authorization isn't to technically cover the surgeons. It's to

protect the patient's rights. How is this patient protected if she's going to

die? I'm sorry, but this hospital needs more than your personal assurance to

perform this transfusion.

Court first thing in the morning. In the meantime, keep working on Elaine.

Okay.

We found this correspondence in the debris. It's from Roland

Hofstra.

He's a probate attorney.

Dear Miss Dole, my client bequeathed this item to you.

Sincerely, Roland Hofstra.

Lucy must have thrown it away.

She could have. She was kind of in a daze over her rape case.

How's Rebecca?

She's still in surgery.

Bobby is going to go into court.

The mother still won't budge.

Detective.

Eleanor?

Kevin? Thank God. What happened?

Looks like a bomb went off.

Wheelchair to admitting.

Wheelchair to admitting.

Dr. Beringer to ER3.

Dr. Beringer to ER3. We repaired the spleen.

No other internal organs were damaged.

We didn't have to take the kidney.

She came through pretty well.

Blood loss is still a major concern.

Her heart rate is 168. It should be in the 70s.

Right now, our biggest worry is that she could go into shock.

Can I see her?

She'll be taken to ICU.

You can see her there in about an hour.

Thank you.

She really needs blood, Mrs. Washington.

I'll have the nurse bring you to the ICU.

Elaine, please.

Eugene.

When she was in surgery, you sat there for a long time with your eyes closed.

What were you doing?

Praying. You turned to your faith.

My daughter and I would like to turn to ours.

No warning, no hearing.

Okay, did you facilitate the relationship? No, I knew about it, but

I was fired because a fellow teacher had an affair with a student, and I didn't

report it.

That's the extent of my participation, if you could even call it that.

Were you involved in a cover -up? No, Eleanor, you know me.

I would never... Okay.

The teacher who had the affair, he's a friend.

Yes. That's probably the problem. They're finding me guilty by

It's not right. I didn't do anything wrong.

When's the hearing with the school board?

This afternoon.

And you're coming to me now?

I was going to have my union rep do it, but... I'll do this.

Let me take one shot with the principal.

What's he like?

Usually fair.

But he's also stubborn.

Is he at school now?

I'm sure he is.

Let's go.

What do you expect me to do?

Give me a court order. To override a person's religious freedom?

It's my opinion that Rebecca Washington would want the transfusion. And that

would mean something if your opinion mattered, but it doesn't, Mr. Donald.

have no standing here and you know it. I believe an argument can be made to

substitute my judgment for the mother's. Even if that's true, that argument is

certainly not going to be made ex parte.

Time is of the essence. Then why did you come here without Mrs. Washington?

She was in the hospital room with you.

Your Honor.

You came looking for a favor.

Your Honor, I believe... But I don't give them.

And truth be told, I'm offended that you think... I don't give a damn whether

you're offended or not. A person could die here.

However close to her you may be.

If she doesn't get the transfusion, she will die.

I'll give you a hearing.

With the mother.

Give her notice right now, and I'll see you in an hour.

That

was

Eugene. She's still unconscious.

Come on, Lizzie. We should go.

Are you okay? I'm fine. Let's go.

I just thought, without trivializing the infraction of a teacher having a sexual

liaison with a student, we can all agree Kevin Reilly never condoned Milton

Buttle's actions.

I don't think that we can agree to that at all.

Your client was complicit with his silence, Miss Tut.

Excuse me. It's Frat.

And while we can question Kevin's decision to remain silent, nothing in

behavior suggests that he either approved of the affair or even...

his behavior suggests he disapproved of it. That isn't true, Stephen, and you...

A punishment must be proportionate to the crime.

Wouldn't you agree there, Mr. Harper?

I would. And does this seem proportionate? Kevin got the same

Buttle. This sounds like an argument you should probably be making with the

school board.

I was hoping it wouldn't have to come to that. Well, I'm afraid it will.

My decision is final, Lee.

You know, my uncle's a teacher. Oh, well, then by all means, Mr. Riley, you

reinstated. We had no idea Mr. Belluti had an uncle.

I don't think we need to get sarcastic.

What I was about to say, my uncle, he keeps telling me how we need good

teachers, how there's this big shortage.

And here...

This is a good one. The reason we need more teachers, Mr. Berluti, is that

people are forsaking the profession due to the continuing erosion of respect for

educators, which erosion we will never stem until we begin to get serious about

weeding out the bad ones.

That's a bunch of garbage, Scott. Well, you think the teaching profession will

flourish with you as the poster boy? Mr. Riley, if Lisa Greer had been one year

younger, your face might be appearing on posters along with Milton Buttle's. Oh,

that's funny. All right, Luke.

This isn't a decision we made easily, but it is one which was nevertheless

warranted, and I'll stick by it. If you want to take your case to the school

board, you are certainly free to do so.

Any other way I can be helpful, Miss Front?

Well, maybe a tip.

I've never appeared before the school board before, so I was wondering, does

your kind of blatant condescension prove to be persuasive there?

I think we're done.

No, Mr. Harper.

We're not.

I thought it was a tape recorder.

Where were you keeping it, Mr. Hofstra?

Look, I'm not comfortable answering... We're not going anywhere, Mr. Hofstra.

You will answer these questions.

Please sit.

Where were you keeping it?

In a safety deposit box.

And he instructed you to deliver it to Miss Dole upon his death?

Yes. Why didn't you identify it as coming from Mr. Hinks? That was one of

stipulations in the codicil, that he didn't want to be identified.

Did you know Mr.

Hinks to be an alleged serial killer?

Well, certainly he talked about it, but... Ms. Gamble, it was a will.

I am a trust and estates attorney.

I thought it was a tape recorder.

I had it in my own safe.

I never suspected it to be a bomb.

Place him under arrest.

What? Right now it's an accessory to a felony. If Rebecca Washington dies, that

felony becomes murder.

You can't be serious.

Michael.

Mr. Hofstra, you can go.

Richard. Do not leave the jurisdiction.

Now get out.

Helen. Richard, a woman is almost dead.

You know me. I like to arrest everybody.

But the thing was in his own safety deposit box. He clearly didn't think it

a bomb.

It's still negligence. He knows the guy to be a killer. And even if there were a

case, you essentially just squashed it yourself.

You didn't Mirandize the guy. Come on. Lawyer or not, he has to be read his

rights. Only if it's custodial. Which it became once you wouldn't let him leave.

Look, emotions are running high here.

But there's no case to be made against this attorney.

At least not yet.

Though there might be a presumption in favor of family members, it's not

conclusive. I direct the court's attention in Ray, 1987, case in New

There, the court wanted to vest decisions of medical treatment with the

concerned parties.

Wouldn't it be tough to beat the mother on that?

Not when the mother is refusing the transfusion, risking the patient's life.

There are also two other legal standards being employed by the courts. Best

interests of the patient, here again.

saving her life would be in her best interests.

Your Honor, this is about a religious choice. The cases Mr. Donald talks about

involve medical decisions.

Certainly, if Mrs. Washington were trying to impose her medical judgments,

doctors of the courts could step in. That is not what she is doing. She is

exercising a religious freedom.

Yes, the mother's freedom.

This does not reflect what Rebecca would want.

Which brings us to the substituted judgment standard.

In the absence of a clear directive from the patient, the court can substitute

its judgment for that patient.

And in looking to... Hold on, Mr. Donald.

Jehovah's Witnesses are against blood transfusions. Is there any dispute about

that?

It seems then that the only question is whether or not Ms. Washington is in fact

a Jehovah's Witness, because if she is... She isn't. We have the declaration

a mother. I can also proffer other Jehovah's Witnesses who've attended

with her. Even if she is, I submit there are Jehovah's Witnesses who would take

the transfusion. Oh, come on, counsel. Just like there are Catholics who favor

birth control and Jews who believe in Jesus.

Just because somebody subscribes to a particular religion doesn't mean he or

accepts all the tenets practiced.

But certainly the presumption would have to be that she wouldn't want the

transfusion. How can you make that presumption when the likely result is

Shouldn't the benefit of the doubt go to her surviving?

Look, unless you can demonstrate that Miss Washington would accept a

transfusion, can you?

I believe with a short evidentiary hearing, we could prove that she would

the transfusion, yes.

Let's go then.

Well, we need an hour to get our witnesses.

You have an hour.

What are you going to do?

I'm open to suggestions.

Actually, Rebecca told you once that she would want the transfusion, right?

No, Fox would see through that. I think she told Lucy.

Bobby. I can't just let her die.

You're not going to suborn perjury. Everybody can sue me after she wakes up.

Bobby, I won't let you.

Eugene?

No change.

I just gave her a CAT scan.

Swelling on her brain is going down.

That's good.

What happened in court?

The judge wants a hearing.

We have to go back.

all of you doing this?

We love her.

I know you do, too.

Everybody's just trying to do what they think is right.

She feels so cold.

It's the blood loss, Elaine.

Her extremities are getting cold.

What's the harm in giving her blood?

It's a biblical prohibition, Eugene.

I'm right here, baby.

Your mother's right here.

All right, Mr. Donald, let's hear from you.

I'd like to call a witness, Your Honor.

Yes, I gathered as much. Go ahead.

I call Helene Washington to the stand.

I'm sorry. What is going on? We're trying to determine Rebecca Washington's

intent here. Her mother is claiming she knows that intent. I'd like to explore.

My client has faced enough persecution, Your Honor. Her daughter is deathly ill.

Now she's forced to be in court. Her daughter is deathly ill because of this

witness, and we're in court. I object to that. Bobby, Mr. Donald.

I am not going to allow you to beat answers out of this witness to

I allowed an evidentiary hearing here or not?

Forgive my breach of decorum, but get your ass up to this bench right now.

With all due respect to your emotion, and I know it runs deep here, I will not

allow you to abuse this process, that woman, or me.

Have you got that, Mr. Donald?

Yes. You keep yourself in check and in line.

All right, Mrs. Washington, please take the witness chair.

This is Superintendent Thayer.

Marcia Shin, known as the Dragon Lady.

Well, we won't be calling her that.

Are they close?

No. They're basically enemies.

They don't look like enemies at the moment.

Okay, let's get started.

This meeting of the Winslow School Board is hereby called to order. Karen Sawyer

will be recording minutes.

We ought to review Principal Harper's decision to terminate the employment of

Kevin Riley.

Now, Mr. Harper, we'll begin with you.

Would you briefly state the cause of the discharge and please limit yourself to

three minutes.

One of my teachers, Milton Buttle, was sleeping with a student.

Kevin Riley knew about it and sent him the information.

How long have we known each other, Helene?

More than ten years.

And over that time, I've seen your daughter almost every single day,

I'm sure that's true.

How often do you see her?

Not as much as I'd like.

One day a week?

Less? Less.

But that doesn't mean that we're not close.

No, it doesn't.

But can you make room for the possibility that I know more about her

perhaps you do? I'm sure you know lots of things about her I don't.

But clearly you had little idea as to her religious beliefs.

Which is odd, isn't it?

Isn't it customary for Jehovah's Witnesses to preach their faith to

all Jehovah's Witnesses are comfortable doing that. Not all? We're talking about

Rebecca. Have you ever known Rebecca to be shy or uncomfortable expressing her

opinion? No.

But perhaps she feared bigotry. Not everybody's as open -minded as you,

Yes, let's talk about bigotry. Have you ever known Rebecca to be guilty of

bigotry? No. In fact, I don't know anybody who rebels against oppression or

prejudice more than her. Do you?

Probably not.

How did Jehovah's Witnesses feel about homosexuals?

Homosexuality is considered a sin.

Have you ever known Rebecca to condemn homosexuality? No. What about divorce?

Under your faith, a married couple is only allowed to divorce in cases of

adultery. Anything else would be a sin. Am I right?

Yes. And yet Rebecca has represented clients, negotiated, even facilitated

divorces in cases other than adultery. Is that consistent with being a

Witness? My daughter is against blood transfusions.

She said that to you specifically.

She didn't have to say it specifically.

It's fundamental to our faith.

Leviticus says, whatsoever man eateth any manner of blood, he will cut him off

from among his people. So she might be against transfusions, but not

homosexuals and divorce.

Objection. Your Honor, Rebecca Washington's life is at stake here.

Her life.

If there's even a question as to whether she really is a Jehovah's Witness...

There is no...

Rebecca has a problem with bigotry.

I grant you she probably does disagree with the condemnation of homosexuality,

but... What about premarital sex?

That's a sin, too, according to the Jehovah's Witness faith.

Does your daughter condemn premarital sex?

I'm sure she may have issue with some of our tenets.

But as for our fundamental ones, and this would be... When she became a

did you attend her swearing -in ceremony?

Yes, I did, and you were there, too.

I remember her pledging allegiance to the flag.

That's against your religion, isn't it? As long as you don't conscientiously

participate in... She was saying the words, pledging her allegiance to an

emblem.

What about abortion?

That's prohibited by your religion, isn't it?

Very. Would you consider that one of the fundamental tenets?

I would.

Would Rebecca ever have an abortion?

Absolutely not.

Did you know she had one?

No, I didn't.

Homosexuality, divorce, premarital sex, saluting flags, abortion.

Jehovah's Witnesses are against all these things, yet Rebecca doesn't

any of them.

She is not a Jehovah's Witness. She is.

And she's against blood transfusions. Why doesn't she carry a blood card?

Jehovah's typically carry blood cards to prevent transfusions, don't they? It is

not a requirement.

But if she were really opposed to such a transfusion, did she just forget to put

it in her wallet, Helene?

Objection. It's your own daughter, for God's sake. Your Honor.

You're letting her die.

Counsel. Objection. Your own daughter.

You're letting this voodoo.

Objection. Mr. Donald.

Your own daughter.

It's Foxball.

As you go through the teacher's handbook, the principal's bylines, and

board's own directives, nowhere does it call for a teacher's discharge for

failing to report the misconduct of another teacher. Are you claiming that

Harper had no authority to fire Mr. Riley? I am saying he had discretion.

given that, we should look at Mr. Riley's record in its totality. Are you

admitting this is discretionary, Ms. Frutt?

What's the basis of your challenge?

I am saying Mr.

Harper's decision was an abuse of his discretion.

To terminate... Do you agree Milton Buttle should have been fired?

Yes, but... What if Milton Buttle had carried on this affair using Kevin

apartment? That never happened. I'm asking you, what if it did?

If Mr.

Riley had offered up the keys to his apartment?

That might be participation, but... What if he just offered words of

encouragement? Go for it, Milt.

Would he have crossed the line there?

I think yes, but again, he didn't do that. Maybe not, but saying nothing,

that be construed as tacit approval? He did say something to Milton Buttle. He

unequivocally denounced the relationship and told him to end it. He only was

silent with Stephen Harper and Scott Goober.

Okay, I think we understand your position.

Mr. Harper?

You know my position.

The board votes to discharge Kevin Riley.

Thank you.

This meeting is adjourned. Wait a second. What's the rush?

You have an appropriate remedy with the court, should you choose to appeal.

The hell was that, Stephen?

Kevin, the best thing you could do now is start taking responsibility.

Ms. Freck, Mr. Berluti.

I'm sorry. That was in the bag.

Virtually all the cases, all of them, where the courts are trying to make

tough decisions, they've involved comatose or vegetative patients.

The choice was basically death versus vegetable.

Here, the choice is death versus full quality of life.

Complete recovery.

The same legal standards can apply.

If there's any doubt, I say it again, it has to be in favor of Rebecca

Washington's life.

But, counsel, I would agree if this was a medical decision. But, again, this

involves a person's religious freedom. And I submit she's not a Jehovah's

Witness, not for real. They've given me an affidavit from her fellow

congregants, her mother. Rebecca and her mother were estranged years ago.

Maybe she joined this church to work on their relationship.

You're groping. I have worked side by side with Rebecca Washington for 12

I know her.

She doesn't go around preaching to people on the streets. She doesn't

homosexuality. She doesn't object to the national anthem. She doesn't denounce

premarital sex.

She had an abortion herself.

She represents clients in divorce cases. None of this is reconcilable with her

being a Jehovah's Witness. None of it.

And if you want to believe she is, you have to believe she's a kind that

subscribe to all its tenants.

And given that, given the possibility that she might not subscribe to the

prohibition on transfusions, if there's any question here,

please give her

the benefit of life.

I love this woman.

But the doctors can't save her unless you allow them to.

No.

Your Honor, may I be heard?

You may.

My daughter, we've talked many hours about our faith.

She is a Jehovah's Witness.

For a Jehovah's Witness, it is against God's law to accept blood.

There is no question there.

There is no dispute about that.

It is the most fundamental of all our tenets.

Bobby Donald.

gave himself away when he called our faith voodoo.

I'm sure to him it is voodoo, that freedom of religion extends to all

religions, whether Bobby Donald considers them reasonable or

not.

Best I can figure.

Harper and Shin have butted heads all year, and she's just trying to show

support. Does she control the board?

Pretty much.

All right, look.

In victory, you can catch people at their most gracious. So what I'd like to

is take one last crack at Harper. If he's as fair -minded as you say,

personally I have not seen that yet.

Any word?

Her blood pressure has dropped to 90, and her heart rate is still really high.

Did Fox say when she'd rule?

She promised by tonight.

People have a right to refuse medical treatment on religious grounds.

Whether or not Rebecca Washington would refuse a blood transfusion, the truth is

nobody here knows for sure.

As a Jehovah's Witness, my suspicion is she would.

And therefore, I shift the burden to Mr. Donald to prove otherwise.

The fact that Ms. Washington rejected other tenets of this faith

Does not persuade me she'd reject this one.

The fact remains the tenet on transfusions.

That goes to the core of the Jehovah's Witness religion in that God treats

as sacred.

Mrs. Washington, are you sure this is what your daughter would want?

I am, Your Honor.

Petitioner's motion for a court order is denied.

She is going to die.

We're adjourned. She is going to die. Counsel.

I don't care. You want to hold me in contempt, do it. I don't care. She is

to die. I will hold you in contempt. I'm taking this to the Court of Appeals

now. Oh, my God. Oh.

Lindsay. Oh, God.

Lindsay. Get the paramedics.

I think she's hemorrhaging. Let me see. Oh, God.

He's coming out.

What? Get a doctor. Somebody get a doctor. Oh, he's coming.

Get out of medical training. Get out of this room now, and that's an order. I

was a nurse. Lindsay, hold on. Help is coming. Oh, my God. He's not waiting.

He's coming.

He's not through for a month. I didn't know that.

Turn on your back. On your back. Get on your back.

Okay.

Now, I want you to push on the count of three.

One, two, three.

This baby's coming now, Mr. Donald.

Howdy, girl. Now, one, two, three.

Hold on, Lindsay.

Breathe deep, Lindsay. Breathe deep and push.

Now it hurts.

Just hold on, Lindsay. Shut up. You hold on.

Good. Good.

I took a guess.

From your weak social skills, I figured you'd have no personal life and that

you'd still be working.

Oh, I like that.

Can I steal it?

Feel free.

Have a seat.

I know you can, but do you have to?

You don't give up, do you? Well, the book on you is that you are both

compassionate and stubborn.

I've seen the stubborn.

And the book on you is you personalize your cases.

Well, Kevin is also a friend.

And I thought he was one of yours.

Yeah, which would make his lying to me even more egregious, wouldn't it? Is

why we're here?

Because he lied?

I'm here trying to run a school.

You're here, apparently, to try to tell me how to. I am only here to try to get

you to reconsider.

Asked and answered.

Isn't that how it goes?

I did not come here to fight, and I don't really want to go to court.

Two weeks suspension.

That way... I don't have the authority to suspend him.

Why not?

He doesn't work here anymore.

He was fired.

Do you want to go to court, Mr. Harper?

Seems I do.

Push hard, honey.

One, two, three.

Where do you think?

You're one last push away, okay?

Now I want you to bear down and push. Push hard. Okay.

He's perfect.

Isn't he perfect?

Bobby.

We have a son.

We have a son.

You are a big help.

In the courtroom?

My, my.

And Lizzie, are you guys coming here to this hospital?

Well, I don't know what to say, Bobby.

Congratulations, man.

She's doing the same.

I'm going to give her this news.

Maybe that'll wake her up.

You're not going to believe this, Becky.

Bobby and Lindsey just had a baby boy.

She had him right in the courtroom.

How about that?

Mysterious ways, huh?

Are you okay?

I'm fine. Short labor.

God, look at him.

Does he have a name?

Robert. You named him after you?

What a shock.

Here's my page. I'm waiting for a call from the appeals court. Any change with

Beck? No.

It's possible that we can get in tonight. Where's Eleanor?

Bobby? I'll be right there. I need you and Eleanor to get on Westlaw, see if

there's any new cases. All our research isn't here.

Her heart rate's still too high.

Has it gone up anymore?

No, it's still 140, but that's dangerous, Mrs. Washington.

But it hasn't gotten any worse.

No.

Well, there's that, then.

Hey, baby.

So I hear you're delivering babies now.

Is he fine?

Yeah, she's in the room.

Go up and see her.

Hey, Beck.

You're a godmother now.

Seven pounds, two ounces.

I just need for you to wake up.

Would anyone like to join me in a prayer?