Original subtitles

Previously on The Practice.

Mitchell, come on. I'm going to the favor bank here. I will give you

Anything?

Take off your shirt.

So if I have sex with you, you'll cut a deal. I'm extremely sorry for my

inappropriate behavior.

Obviously, any deal predicated on a sexual relationship is wrong and hereby

the table.

You know, Mitchell, I'm getting this sickening feeling that your offer wasn't

pulled because of conscience, but because I wouldn't go for it.

What sex put on the table as part of a plea bargain?

Yes, by Miss Frutt. You think that I would resort to making up this kind of

story? Eleanor, I'm inclined to believe you, but trust me when I advise you, let

this drop.

Don't do any more cases with it.

We want you to offer Judge Fleming a bribe. Which brings you to me, is that

right? You'd like to make a deal, too? If possible, Your Honor, yes.

$10 ,000.

Judge Charles Fleming? What's going on? You're under arrest for accepting

bribes. I have done nothing illicit. What I did do was expedite cases that

before me.

If I benefited from such, well then, so be it. You have cast out the dirty

judge. Justice is restored.

That's correct, Your Honor. We are seeking an immediate modification of the

court's previously issued conditions of release. Yes, just a moment.

$50 ,000 bail, a stay -away order forbidding contact with a wife or child,

the suspension of any rights to make health and welfare decisions regarding

child. Those rights shall reside with the mother.

This all seems equitable given the seriousness of the crime with which your

client has been charged.

I'd ask you to consider the nightmare in which my client finds himself.

Your Honor, Mr. Goss created that nightmare by putting his daughter in a

Mr. Goss is innocent.

He has been Baby M's primary caregiver while his wife worked, and now his child

is sick. But under this court order, he is neither permitted to see his child

nor to make critical medical decisions that could determine whether she lives

dies. Then you do understand my decision.

The fact remains.

My client's rights as a parent should not be denied simply because he's been

charged with a crime.

We're going in circles here. This father is requesting that every effort be made

to save the life of his child. He knows if his child dies, he will be facing

this jury on murder charges. This is about Baby M. Where is your compassion?

I have no compassion for a man who beats an innocent child.

All right, that's enough.

Until Mr.

Goss is cleared of the charges made against him, I have no intention of

endangering anyone.

The court's conditions for release, including those involving your client,

keep him away from seeing his wife and child, stand.

And if Mr. Goss refuses to abide by those conditions, I'll throw him in

Now, if there's nothing else... Your Honor, may I approach?

For the record, I'd respectfully point out that you and the late Judge Fleming

were close friends.

I'd also make it clear that my partner, Bobby Donald, was recruited by the U .S.

Attorney's Office, and the fact that Judge Fleming took his own life after

wrongdoings were uncovered... What are you implying?

The court's duty is to set reasonable bail.

And perhaps you have undue prejudice towards my client, since you may wrongly

assume that Mr. Donald was somehow responsible for Judge Fleming's death.

I move that you recuse yourself.

Mr. Young, I lost a dear friend, and for that I'm sad.

But hear me now.

Don't you ever walk into my courtroom and insult my integrity.

Otherwise, I'll find you in contempt so fast your teeth will spin.

Motion is denied.

We're adjourned until tomorrow when this trial will begin.

We're taking a big chance.

Yeah, but now if we lose, we can rent the judge's bias on the field.

This case is as ugly as it gets, and it just got a lot uglier.

The assault case you're handling this morning, my office is shorthanded, and I

had to assign another ADA.

I don't care who I'm up against.

It's Mitchell Wheeler.

Helen? Do I have to remind you he offered my client a reduced sentence in

exchange for a look at my breath? I know, and Judge Kittleson said the two

you shouldn't be trying cases together, but I don't have a choice.

Well, obviously, I don't have a choice.

Eleanor, I... I promise, if he so much as makes one single inappropriate remark

or looks at you in any way that resembles sexual harassment, I will

reprimand him. Yeah, well, I'm sure he'd like that if a spanking was part of the

bargain.

What matters is what the jury thinks. And trust me, they can't see the face

seeing now. How can the judge forbid me from being with my own daughter? Tom,

try and relax.

We're doing all we can. Really, this is just the beginning.

Yesterday was worth a shot, but the court didn't budge.

If your wife decides to disconnect Mary Beth's life support before the verdict,

you have to accept... Kelly won't disconnect life support.

I received the prosecution's witness list.

Your wife is on it, and she's testifying against you.

We have to cross -examine her.

No.

She's been through hell already, and I don't want her going through anymore.

Tom, try to understand. I said no, damn it!

You and I don't know what your wife will say when she gets up there.

And right now, you're the one on trial.

The only other person who could have put your baby in the hospital is Kelly.

It's either you or her.

I need to go for a walk.

Listen, I'll get out of my way.

Eugene, I wasn't trying to, uh...

Go for that walk.

And I don't want to see you till you've calmed down.

Morning, Eleanor. Don't talk to me.

And, Ms. Kim, what do you do in the cosmetics department?

What's your job?

I offer samples of perfume.

How do you offer those samples?

With just a small spray. That's not how she dealt with me, Ms. McIntosh.

Perhaps you can demonstrate.

A small spray, like this.

Ms. Kim, when you offered the defendant a sample, what happened?

She became angry.

She told me to back off, then she knocked the bottle from my hand.

It crashed to the floor and glass went everywhere.

I needed four stitches on my ankle.

Would you indicate just who threatened you?

There.

Thank you, Miss Kim. Nothing further, Your Honor?

Miss Kim, would you please step down?

Your Honor, with your permission, I'd also ask that my client come forward as

well.

Perhaps by reenacting what happened, the jury would get a better sense of what

went on that day. Your Honor, the defendant hasn't even testified yet.

going to confuse the jury. I'm only asking that the court extend the same

courtesy to my client insofar as the demonstration goes.

Get at it, Miss Rutt.

Kim, if you will.

Your testimony was that my client approached and for no apparent reason

became belligerent.

My partner and me, we got a call from dispatch of a baby in distress.

When we arrived at the defendant's apartment, we rang the bell and we

the door.

Did the defendant respond?

Yes. He said he wasn't able to wake his baby from her nap. In fact, he wasn't

even sure she was alive.

How would you describe Mr. Goss's demeanor at the time?

Well, he didn't seem upset like you'd normally expect.

Objection sustained.

Just tell us how the defendant appeared.

He was quiet, kind of detached.

All right, what did you do next?

Well, we were directed to the bedroom where we found the infant lying face up

her crib.

She wasn't breathing, and she appeared cyanotic.

She was bluish, meaning she'd been without oxygen for some time.

Her heart was beating.

My partner found a very weak pulse while I was bagging.

I was helping her to breathe.

During all this time, was there anyone else in the apartment?

No, just Mr. Goss.

Tom Goss called 911, correct?

Yes. So then obviously he cared about his daughter.

Objection. Speculation.

Overruled. It didn't seem that he cared.

Are you telling me that in all the time you've been an EMT, you've never

witnessed anyone react the way Mr. Goss reacted?

If my baby had stopped breathing out... But this wasn't your baby.

Isn't it possible, believing his daughter was dead, that my client was in

Okay, sure, but I... Were there any signs of bruising?

I didn't notice any. Any signs of abuse whatsoever?

Look, this was an emergency response.

I was there to save a life.

It would have been impossible for me to notice everything.

That's exactly my point.

Nothing further.

Prosecution calls Dr. Daniel Taylor, a pediatric care specialist at Boston

General.

I've been at Boston General 22 years, chief of pediatrics for 12.

Were you involved in Baby M's care?

From the beginning.

She was born six weeks premature.

Did she suffer any complications as a result of her premature birth?

Well, her cardiovascular, respiratory, and even neurological systems were all

underdeveloped. But I expected her to mature into a healthy child.

How many times did Baby M visit your office?

Over eight months, about 16 times.

Who would bring her?

Almost always Mr. Goss.

In about the third month, I started seeing indications that something was

And on one visit...

I noticed that the baby's left leg was bruised. Did you ask Mr. Goss about it?

He thought perhaps she had rolled against the side of her crib.

There had been no bruising before that incident, so I didn't think much about

it. Was there a second incident?

Sidebar, Your Honor. Quick, please.

We've been over this pre -trial. She can't bring up the prior bruises.

There's no evidence linking them to my client. It's prejudicial. This is the

treating physician, an expert witness who can testify what he based his

on. You've got no proof and no connection to my client. He can explain

opinion. It's prejudicial. Oh, come on. What is it, Eugene? You afraid the

jury's going to see your client for the low life he is?

Enough.

I'm going to give the jury a limiting instruction and permit this line of

questioning for a while, Miss Gamble.

But you're on a short leash.

That's crap and you know it.

Better check your emotions, Counselor.

Whatever your personal animus might be towards me, you're not acting in the

interest of your client.

I suggest that you get a grip before you jeopardize him even further.

Let me help you.

Take a recess.

She'll be fine.

In fact, probably a little bit richer since the prosecution's witness flipped

out on her. Why were charges filed in the first place?

Because the woman is off her nut and Mitchell Wheeler is a horse's ass.

What do you want?

Two minutes.

Please.

You've got one minute.

When I offered to reduce your client's sentence to see your breasts, I not only

obstructed justice, I hurt you.

We were friends.

I don't think you realize just how much you hurt me. You accused me in front of

Judge Kittleson. I was blindsided. All I could think to do was accuse you. This

isn't sounding like an apology, Mitchell.

Try to understand. It would either embarrass you or get disbarred. You made

wrong choice.

I know.

And if I could do it all over again, I'd own up to my behavior.

Eleanor, I'm sorry I hurt you.

And I hope that someday you're able to forgive me.

If you want to speak to Judge Kittleson, then I'll back you up.

Do not make this my responsibility.

I don't even know why I'm listening.

You accused and humiliated me in open court and then crushed me by suggesting

needed psychological help.

You are.

I don't want you asking me if I'm okay.

All right.

So, Doctor, it was your phone call to social services that resulted in the

defendant's arrest.

Yes. There was a second incident.

This time there was a more pronounced set of bruises.

What did the defendant say?

He made no explanation.

And that concerned me.

I made a notation in the file and said I wanted to see Baby M after one week

instead of the usual two.

Unfortunately, that appointment was never kept.

Please tell the jury why.

Baby M was rushed to the hospital before that day arrived.

When I was notified, I went immediately to the emergency room myself.

You can imagine what I felt when I saw that this child had nearly been

Objection. Move to strike.

Sustained. The jury will disregard.

Just tell us what you observed.

We did a CT scan which showed severe swelling of the brain, the kind of

we'd expect when a child is shaken violently.

In addition, Baby M's arms were bruised, consistent with being held tightly in

that area.

But most telling was the bilateral retinal hemorrhaging. What would cause

hemorrhaging? In an infant, aggressive shaking.

The force of such movement is more than enough to cause injury.

It's my medical opinion that Baby M was shaken almost to death.

Is there any way to determine when the incident occurred?

Not with precision, but based on my experience, it's my opinion that this

occurred no more than 12 hours prior to Baby M's arrival at the hospital.

Did you mention that to Mr. Goff?

Yes. He said it was impossible that the baby hadn't been out of his sight all

day.

Dr. Taylor.

Isn't it possible that this child's injuries occurred a full 72 hours prior

her arrival at the hospital?

That's extremely unlikely.

The question is whether it's possible.

Shaken baby syndrome can manifest itself up to three full days after the baby's

been shaken, correct?

That's very rare.

But you don't have any idea who handled that baby in the three days before the

crisis, do you?

No, I don't. You claim... You saw bruising on the child's leg and even

pronounced bruises on the next several visits.

Yes, and as I'm sure you know, you can find those noted in her chart.

If you'd become so concerned, why didn't you notify social services prior to the

date of the emergency?

I wish to God I had, but at the time I couldn't be sure of abuse.

Yes, but you aren't any more sure now than you were then. Those bruises were

consistent with abuse, Mr. Young.

When I arrived at the hospital to evaluate the baby, I had no doubt

she was shaken.

And you know that because you saw the swelling of the brain as well as the

retinal hemorrhaging. That's correct.

Well, couldn't the swelling have been caused by a cerebral aneurysm? I

a CT scan. I would have seen an aneurysm on that scan.

What's more, an aneurysm alone wouldn't explain retinal hemorrhaging. Isn't it

possible, if not likely, that a loving father in shock upon seeing that his

child isn't breathing...

might lift up that child and try reviving her, and in that moment of

produce the retinal hemorrhaging of which you're talking about. I highly

that. You may doubt it, but the fact is, you don't know to a medical certainty

when this happened. And unless you were there, you don't know who, if anyone, is

responsible. Objection argumentative.

Overruled. This could have been an accident. This was not an accident.

all you know, Doctor, Mrs. Goss is the one who harmed her child.

Kelly would never hurt our daughter.

Please, don't listen to them. Mr. Goss. Sit down. I told them you couldn't have

done this. Mr.

Goss. We love our daughter. Why won't you believe me? Tom, sit down.

Sit down.

If anyone's got an idea, don't hold back now.

The wife ran from the courtroom?

She's afraid of her husband.

That's what the jury's going to think anyway. Didn't Eugene cut down the

paramedic and make good points with the doctor? He's chief of pediatrics, Jimmy,

not some intern. He was effective.

And any points I made were forgotten when Tom lost control.

Is it really that bad?

It's not good.

And right now, Tom Goss is our biggest problem.

Why not have him testify?

That's not an option.

He's too unpredictable.

Okay, so who do they have next? The wife.

Rebecca, you ready?

I'll do what I can. Rebecca, we need this.

I understand.

But Tom is still the key.

If he won't give us anything to attack her with on cross, he's going to prison.

Are you stalking me now?

I need to speak with you.

I've been standing outside for over an hour.

You're pathetic, you know that?

Come in and warm up before I kick you out.

The cops did a more thorough background check.

Seems Catherine Kim's been involved in two similar incidents prior to this one.

I've advised my client to sue.

What you said this afternoon, I want you to know I heard you.

But I also want you to know, immediately after what happened in Kittleson's

courtroom, I started to take stock of myself.

My divorce is final in three weeks.

This is my last case with the DA's office. I quit today.

If I... If I was capable of propositioning you in

exchange for a lighter sentence... I mean, if I was able to betray our close

friendship like that, then I needed to examine my life.

Eleanor.

I am so... so sorry.

I didn't mean to startle you.

It's okay.

I just left court so quickly, I thought I'd find you here.

Is there anything I can do to help?

Would you sit here with me?

You don't need to stay long. Of course.

I keep hearing, Dr. Taylor, about how Mary Beth will probably never walk.

Or talk.

Is that a life?

Things would have been different if I had just... Look, you can't blame

for your daughter being in a coma.

I don't know what to do.

Well, right now, there's no reason to do anything.

If I take her off the respirator... I'm suggesting you wait.

There's a restraining order.

What's wrong?

What's happening? What's happening?

Somebody get a doctor!

Somebody, please!

Help! You have a low -grade pain. Check it now.

What's happening?

Wow. The most bizarre thing just happened.

I thought I saw Mitchell Wheeler running out of here half -dressed.

That was Mitchell, and I know what you're going to say.

I don't know what I'm going to say. I know. It seems crazy.

I was in love with Mitchell all through college.

We were really close.

We studied together. We slept on each other's couches. He flirted with me all

the time.

But he never...

He only had some trophy girl on his arm.

And then... Last night, it was just about so

many things.

Validation for all of those years that I loved him.

And he made me feel desirable that maybe something like this is possible for me.

If it's what you wanted, I'm happy for you.

But, Eleanor, after what he did to you, it's

none of my business.

Your wife was right there with her.

But Mary Beth, she's all right. She's fine. It was a small seizure. I want to

see my daughter.

The judge can't do this. It isn't fair to Mary Beth or Kelly.

I need to testify.

I want to tell my side of what happened. You did damage to yourself in court

yesterday. The jury won't forget that. What better reason for them to hear what

I have to say to explain... Explain what?

How you lose control?

With your wife?

With me?

With your daughter?

How can you say that? Right now, nobody's going to believe you.

It's your decision.

But my advice is you sit in that court and keep quiet.

The D .A. is putting your wife on the stand today.

Tom, I have to cross -examine her.

No.

You want to cross -examine Kelly and suggest that the mother of my child is

responsible for what happened.

Tom, did you hurt your baby?

Can you look me in the eye and tell me your wife didn't?

Then you owe it to your child to allow us to try and find out the truth.

Diane Dolan -Fred?

Yeah, just one moment.

It's the doctor from Boston General returning your call. Oh, great.

Hello. Hi.

Thanks for calling me back.

Yeah, he's sitting right here.

Oh, good. Great. What were you able to find out?

Uh -huh.

Hey, Zoe.

You and Nanny canceled, too? Yeah, a five -car accident's got the Fitzgerald

backed up to Brookline. I told her not to bother. Where are you going? Half

-day? Half -day seminar right right there.

Well, who's going to answer the phone? I told you about this a week ago.

Honey, honey, honey, will you take the baby?

I'll try not to be too long. Eleanor, we're going to Boston General.

Wait, is something wrong?

Nothing. I need your bad cop for my good cop.

Why am I always the bad cop?

I'll explain on the way.

Here. No, no, wait. Your wife has asked me to help.

He needs a diaper, okay? And if she's hungry, there's snacks in the bag.

Your Honor,

the prosecution called Kelly Goss to the stand.

Whatever happens, keep quiet and just sit there.

The baby was crying.

A lot.

She wouldn't sleep for more than an hour at a time.

And with the visits to Dr.

Taylor's, the bills, Tom and I were falling apart.

How did Tom adjust to his new life?

Not well.

After losing his job, he always seemed to be on edge.

He has a short temper, anyway.

Objection. Sustained.

Did you ever see your husband hit the baby or hurt her physically in any way?

No. But he yelled at her sometimes.

I already said she was crying all the time.

And during this time, how were you and your husband getting along?

We loved each other.

But we had these fights.

And once Tom was so upset, he said he felt trapped and he wished that we'd

even had the baby.

I don't think he meant it, but he said it, and it scared me.

What was your daughter's condition the night before she was taken to the

emergency room?

She was crying almost constantly.

We were up most of the night.

Finally, about four in the morning, she quieted down, and I didn't see her

before I went to work the next day.

When was the next time you saw her?

That night at the hospital.

Mrs. Goss, your husband wasn't the only one falling apart, was he?

Things were hard on both of us.

In fact, after giving birth, you suffered from postpartum depression.

right? Objection, Your Honor. Relevant. A little leeway? I'll show the relevant.

With caution, Counsel.

You were so depressed you started drinking, didn't you? My drinking was

problem. You were reprimanded at work. You nearly lost your job. I hated my

And when I came home at night, there was even more work with the baby.

And that made you angry, didn't it?

You fought with your husband because he was concerned you were losing control.

I would never harm my child.

Mrs. Goss, one week prior to the emergency, did you shake your baby

apartment in the hall?

What? You were juggling a bag of groceries and your daughter was crying.

Your Honor. You heard the phone ring inside and you had trouble with the

Your Honor, objection.

Overruled. Wasn't your neighbor standing in the hall and didn't she see you

shake your baby in anger and frustration? Absolutely not. That isn't

The night before the emergency, you said your daughter kept you awake for most

of the night until she fell asleep about four in the morning? That's right.

Mrs. Goth, weren't you the last one to look in on your child that night?

Your daughter was crying when you went in, but she wasn't crying when you came

out.

Your little baby didn't cry the rest of the night, did she? Or the next morning,

when by your own testimony, you left for work without even going back into

that room and checking in on her.

I would never, ever hurt my baby.

I have nothing further.

Before any redirect, we'll take a 20 -minute recess.

Eugene, are you still crossing with the gods?

Just finished.

Well, you'll need to recall a witness.

You confirmed this?

We've checked into it, Your Honor. It's all been confirmed, yes.

How could this happen?

I think we're about to find out.

Come in.

Hello, everyone.

Dr. Taylor, I ask you here because there's been a development.

Ms. Gamble?

Baby M had a seizure last night and again early this morning.

Apparently, the hospital ran some tests.

On whose authority? I wasn't informed of any of this. On the authority of Kelly

Goss.

The tests show the baby actually suffers from meningococcemia.

Did I say that correctly, Dr. Taylor?

The illness presents with most of the same symptoms.

Look over the record if you'd like.

A spinal tap revealed diffused encephalitis.

You can't blame me for this. Based on the parents and the child's history and

the symptoms that I saw, my diagnosis is completely justifiable. You blew it.

What gives you the right to tell me what... If I'd caught this early, a

course of antibiotics would have been enough.

But you didn't catch it because you didn't look. And you didn't look because

you'd seen enough.

As far as you were concerned, the parents were not only suspect, the

guilty. And as a result, you almost killed their child.

You blew it.

You don't want time?

Hey.

You're not a little scared?

No.

I'm terrified.

Maybe that's why I'm only running away for a week.

Where'd you decide to go?

Scotland.

Wanted to visit for as long as I could remember.

But... It's far away.

There's that Do you regret last night

No

Come with me Come with me

There

was a time that I would have sold my soul To hear you say that to me.

Come with me.

Mitch. I don't trust you.

I may love you, but I don't trust you. Not now.

Oh, Ellie.

I've wasted so much time.

But you have to forgive me.

It's not a question of forgiveness.

You have that or I wouldn't be here.

And I can't believe I'm saying this after all these years.

But I am not willing to risk myself or my daughter

for something I have never been able to trust in the past.

It's a brave thing, what you're doing. A necessary thing.

But you can't do it with me.

Then I want to change that.

Ellie, if nothing else,

please believe that my love for you is real.

You find what you're looking for.

Six years ago, I took my grandmother off life support.

I've regretted it ever since.

You wondered if this is a life.

Kelly, you and your husband created this life together.

And although I can't even imagine how painful it must be to see what's

happened...

And to know she won't get much better, she's still your baby.

This sickness and Dr.

Taylor, this case, it almost cost you your daughter and your marriage.

I don't know.

Maybe too much has happened between you and your husband, but I'll at least try

to get through it together.

You deserve that.

So does Mary Beth.

Good luck, Mr. Goss.