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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:02,031 --> 00:00:03,165 DOLE: Previously on The Practice... 2 00:00:03,198 --> 00:00:03,965 FRUTT: Mitchell, come on. 3 00:00:03,998 --> 00:00:05,534 I'm going to the favor bank here. 4 00:00:05,567 --> 00:00:07,102 I will give you anything. 5 00:00:07,136 --> 00:00:10,004 MITCH: Anything? Take off your shirt. 6 00:00:11,973 --> 00:00:13,508 So if I have sex with you, 7 00:00:13,542 --> 00:00:14,776 you'll cut a deal? 8 00:00:14,809 --> 00:00:17,612 I am extremely sorry for my inappropriate behavior. 9 00:00:17,646 --> 00:00:20,749 Obviously any deal predicated on a sexual relationship 10 00:00:20,782 --> 00:00:23,485 is wrong and hereby off the table. 11 00:00:23,518 --> 00:00:24,719 FRUTT: You know, Mitchell, I am getting this 12 00:00:24,753 --> 00:00:26,521 sickening feeling that your offer 13 00:00:26,555 --> 00:00:28,022 wasn't pulled because of conscience, 14 00:00:28,057 --> 00:00:29,991 but because I wouldn't go for it. 15 00:00:30,024 --> 00:00:31,693 KITTLESON: Was sex put on the table 16 00:00:31,726 --> 00:00:33,228 as part of a plea bargain? 17 00:00:33,262 --> 00:00:35,430 Yes, by Ms. Frutt. 18 00:00:35,464 --> 00:00:37,066 FRUTT: You think that I would resort 19 00:00:37,099 --> 00:00:39,534 to making up this kind of story? 20 00:00:39,568 --> 00:00:41,170 KITTLESON: Ellenor, I'm inclined to believe you, 21 00:00:41,203 --> 00:00:43,038 but trust me when I advise you, 22 00:00:43,072 --> 00:00:44,439 let this drop. 23 00:00:44,473 --> 00:00:46,375 Don't do any more cases with him. 24 00:00:47,476 --> 00:00:50,745 MITCHELL: We want you to offer Judge Fleming a bribe. 25 00:00:50,779 --> 00:00:52,214 Which brings you to me, is that right? 26 00:00:52,247 --> 00:00:53,382 You'd like to make a deal, too. 27 00:00:53,415 --> 00:00:55,417 If possible, Your Honor, yes. 28 00:00:56,885 --> 00:00:58,320 $10,000. 29 00:00:58,353 --> 00:00:59,854 Judge Charles Fleming? What's going on? 30 00:00:59,888 --> 00:01:01,756 AGENT: You're under arrest for accepting bribes. 31 00:01:01,790 --> 00:01:02,891 FLEMING: I have done nothing illicit. 32 00:01:02,924 --> 00:01:06,361 What I did do was expedite cases that came before me. 33 00:01:06,395 --> 00:01:09,198 If I benefited from such, well, then, so be it. 34 00:01:09,231 --> 00:01:10,699 You have cast out the dirty judge. 35 00:01:10,732 --> 00:01:11,566 Justice is restored. 36 00:01:13,935 --> 00:01:14,603 (gunshot) 37 00:01:18,907 --> 00:01:21,476 MAN: Hey, guys, here they are. WOMAN: Come on, let's go. 38 00:01:21,510 --> 00:01:22,844 Mr. Young... 39 00:01:22,877 --> 00:01:26,815 (overlapping chatter) 40 00:01:32,154 --> 00:01:33,622 YOUNG: That's correct, Your Honor. 41 00:01:33,655 --> 00:01:35,724 We are seeking an immediate modification 42 00:01:35,757 --> 00:01:38,793 of the court's previously issued conditions of release. 43 00:01:38,827 --> 00:01:40,329 Yes. Just a moment. 44 00:01:40,362 --> 00:01:43,565 $50,000 bail, the stay-away order 45 00:01:43,598 --> 00:01:45,734 forbidding contact with the wife or child, 46 00:01:45,767 --> 00:01:47,669 and the suspension of any rights 47 00:01:47,702 --> 00:01:49,338 to make health and welfare decisions 48 00:01:49,371 --> 00:01:50,472 regarding that child. 49 00:01:50,505 --> 00:01:52,841 Those rights shall reside with the mother. 50 00:01:54,809 --> 00:01:56,311 This all seems equitable, 51 00:01:56,345 --> 00:01:57,912 given the seriousness of the crime 52 00:01:57,946 --> 00:01:59,748 with which your client has been charged. 53 00:01:59,781 --> 00:02:02,284 I'd ask you to consider the nightmare 54 00:02:02,317 --> 00:02:03,752 in which my client finds himself. 55 00:02:03,785 --> 00:02:06,155 GAMBLE: Your Honor, Mr. Goss created that nightmare 56 00:02:06,188 --> 00:02:08,057 by putting his daughter in a coma. 57 00:02:08,090 --> 00:02:09,691 Mr. Goss is innocent. 58 00:02:09,724 --> 00:02:12,427 He has been baby "M"'s primary caregiver 59 00:02:12,461 --> 00:02:13,695 while his wife worked, 60 00:02:13,728 --> 00:02:15,130 and now his child is sick. 61 00:02:15,164 --> 00:02:16,698 YOUNG: But under this court order, 62 00:02:16,731 --> 00:02:19,000 he is neither permitted to see his child, 63 00:02:19,034 --> 00:02:21,436 nor to make critical medical decisions 64 00:02:21,470 --> 00:02:23,972 that could determine whether she lives or dies. 65 00:02:24,005 --> 00:02:25,907 Then you do understand my decision. 66 00:02:25,940 --> 00:02:27,676 YOUNG: The fact remains, 67 00:02:27,709 --> 00:02:30,179 my client's rights as a parent 68 00:02:30,212 --> 00:02:32,114 should not be denied simply because 69 00:02:32,147 --> 00:02:33,548 he's been charged with a crime. 70 00:02:33,582 --> 00:02:35,550 We're going in circles here. 71 00:02:35,584 --> 00:02:38,387 This father is requesting that every effort be made 72 00:02:38,420 --> 00:02:39,754 to save the life of his child. 73 00:02:39,788 --> 00:02:41,356 GAMBLE: He knows if his child dies, 74 00:02:41,390 --> 00:02:44,126 he will be facing this jury on murder charges. 75 00:02:44,159 --> 00:02:46,728 This is about baby "M." Where is your compassion? 76 00:02:46,761 --> 00:02:49,798 I have no compassion for a man who beats an innocent child. 77 00:02:49,831 --> 00:02:51,233 FREEMAN: All right, that's enough. 78 00:02:52,367 --> 00:02:55,204 Till Mr. Goss is cleared of the charges made against him, 79 00:02:55,237 --> 00:02:57,339 I have no intention of endangering anyone. 80 00:02:58,006 --> 00:02:59,974 FREEMAN: The court's conditions for release, 81 00:03:00,008 --> 00:03:03,378 including those involving your client, 82 00:03:03,412 --> 00:03:06,348 to keep him away from seeing his wife and child stand. 83 00:03:06,381 --> 00:03:08,817 FREEMAN: And if Mr. Goss refuses to abide 84 00:03:08,850 --> 00:03:11,786 by those conditions, I'll throw him in jail. 85 00:03:12,487 --> 00:03:14,256 Now, if there's nothing else. 86 00:03:14,956 --> 00:03:16,691 Your Honor, may I approach? 87 00:03:19,161 --> 00:03:22,431 (people whispering) 88 00:03:25,067 --> 00:03:27,136 For the record, I respectfully point out 89 00:03:27,169 --> 00:03:28,570 that you and the late Judge Fleming 90 00:03:28,603 --> 00:03:29,304 were close friends. 91 00:03:30,439 --> 00:03:33,042 I'd also make it clear that my partner, Bobby Donnell, 92 00:03:33,075 --> 00:03:35,410 was recruited by the U. S. Attorney's Office. 93 00:03:35,444 --> 00:03:37,512 And the fact that Judge Fleming took his own life 94 00:03:37,546 --> 00:03:38,613 after his wrongdoings were uncovered, so-- 95 00:03:38,647 --> 00:03:40,582 What are you implying? 96 00:03:42,384 --> 00:03:46,121 The court's duty is to set reasonable bail. 97 00:03:46,155 --> 00:03:49,058 And perhaps you have undue prejudice towards my client 98 00:03:49,091 --> 00:03:51,660 since you may wrongly assume that Mr. Donnell 99 00:03:51,693 --> 00:03:54,796 was somehow responsible for Judge Fleming's death. 100 00:03:55,464 --> 00:03:57,699 I move that you recuse yourself. 101 00:03:59,801 --> 00:04:02,604 Mr. Young, I lost a dear friend, 102 00:04:02,637 --> 00:04:03,705 and for that, I'm saddened. 103 00:04:04,573 --> 00:04:05,940 But hear me now, 104 00:04:05,974 --> 00:04:08,677 don't you ever walk into my courtroom 105 00:04:08,710 --> 00:04:10,212 and insult my integrity. 106 00:04:10,245 --> 00:04:12,414 Otherwise, I'll find you in contempt so fast, 107 00:04:12,447 --> 00:04:14,149 your teeth will spin. 108 00:04:16,651 --> 00:04:18,187 Your motion is denied. 109 00:04:19,954 --> 00:04:21,656 FREEMAN: We're adjourned until tomorrow, 110 00:04:21,690 --> 00:04:23,192 when this trial will begin. 111 00:04:23,625 --> 00:04:24,626 (gavel bangs) 112 00:04:26,295 --> 00:04:30,232 (music playing) 113 00:04:32,000 --> 00:04:33,802 We're taking a big chance. 114 00:04:33,835 --> 00:04:34,969 Yeah, but now if we lose, 115 00:04:35,003 --> 00:04:37,106 we can raise the judge's bias on appeal. 116 00:04:37,139 --> 00:04:39,074 BERLUTI: This case is as ugly as it gets, 117 00:04:39,108 --> 00:04:40,809 and it just got a lot uglier. 118 00:04:40,842 --> 00:04:42,544 WOMAN: Mr. Young, are you expecting a lengthy... 119 00:04:43,278 --> 00:04:46,948 (music playing) 120 00:05:31,960 --> 00:05:33,828 GAMBLE: Ellenor, wait. 121 00:05:34,429 --> 00:05:36,531 The assault case you're handling this morning, 122 00:05:36,565 --> 00:05:37,899 my office is short-handed, 123 00:05:37,932 --> 00:05:39,534 and I had to assign another A. D. A. 124 00:05:39,568 --> 00:05:41,070 I don't care who I'm up against. 125 00:05:41,103 --> 00:05:42,804 (sighs) 126 00:05:42,837 --> 00:05:44,406 It's Mitchell Wheeler. 127 00:05:45,074 --> 00:05:47,509 Helen, do I have to remind you 128 00:05:47,542 --> 00:05:49,244 he offered my client a reduced sentence 129 00:05:49,278 --> 00:05:50,879 in exchange for a look at my breasts? 130 00:05:50,912 --> 00:05:52,514 GAMBLE: I know, and Judge Kittleson said 131 00:05:52,547 --> 00:05:54,416 the two of you shouldn't be trying cases together, 132 00:05:54,449 --> 00:05:55,517 but I don't have a choice. 133 00:05:55,550 --> 00:05:57,386 Well, obviously I don't have a choice. 134 00:05:57,419 --> 00:05:58,720 GAMBLE: Ellenor, I promise, 135 00:05:58,753 --> 00:06:00,255 If he so much as makes one single 136 00:06:00,289 --> 00:06:02,091 inappropriate remark, or looks at you 137 00:06:02,124 --> 00:06:04,759 in any way that resembles sexual harassment, 138 00:06:04,793 --> 00:06:06,261 I will severely reprimand him. 139 00:06:06,295 --> 00:06:07,496 Yeah, I'm sure he'd like that 140 00:06:07,529 --> 00:06:09,331 if a spanking was part of the bargain. 141 00:06:11,333 --> 00:06:12,634 (sighs) 142 00:06:17,172 --> 00:06:19,474 What matters is what the jury thinks. 143 00:06:19,508 --> 00:06:20,909 And trust me, they can't see 144 00:06:20,942 --> 00:06:22,811 the face I'm seeing now. 145 00:06:22,844 --> 00:06:23,812 How can the judge forbid me 146 00:06:23,845 --> 00:06:25,447 from being with my own daughter? 147 00:06:25,480 --> 00:06:27,216 YOUNG: Tom, try and relax. 148 00:06:27,249 --> 00:06:28,383 We're doing all we can. 149 00:06:28,417 --> 00:06:30,052 Really, this is just the beginning. 150 00:06:30,085 --> 00:06:31,853 Yesterday was worth a shot, 151 00:06:31,886 --> 00:06:33,655 but the court didn't budge. 152 00:06:33,688 --> 00:06:35,857 If your wife decides to disconnect 153 00:06:35,890 --> 00:06:38,627 Mary Beth's life-support before the verdict, 154 00:06:38,660 --> 00:06:39,928 you have to accept that-- 155 00:06:39,961 --> 00:06:42,697 TOM: Kelly won't disconnect life-support. 156 00:06:45,300 --> 00:06:47,936 I received the prosecution's witness list. 157 00:06:51,206 --> 00:06:52,341 Your wife is on it, 158 00:06:52,374 --> 00:06:54,576 And she's testifying against you. 159 00:06:55,477 --> 00:06:57,479 We have to cross-examine her. 160 00:06:58,947 --> 00:06:59,614 No. 161 00:07:00,449 --> 00:07:02,417 She's been through hell already, 162 00:07:02,451 --> 00:07:04,486 and I don't want her going through any more. 163 00:07:04,519 --> 00:07:05,287 Tom, try to understand what-- 164 00:07:05,320 --> 00:07:07,222 I said no, dammit! 165 00:07:12,361 --> 00:07:14,263 You and I don't know what your wife will say 166 00:07:14,296 --> 00:07:15,130 when she gets up there. 167 00:07:16,331 --> 00:07:19,068 And right now, you're the one on trial. 168 00:07:20,035 --> 00:07:22,104 The only other person who could've put your baby 169 00:07:22,137 --> 00:07:24,439 in the hospital is Kelly. 170 00:07:25,307 --> 00:07:27,576 It's either you or her. 171 00:07:28,410 --> 00:07:29,678 I need to go for a walk. 172 00:07:29,711 --> 00:07:31,713 Listen, Tom-- Get out of my way! 173 00:07:37,952 --> 00:07:40,089 Eugene, I wasn't trying to, uh... 174 00:07:45,694 --> 00:07:46,961 Go for that walk. 175 00:07:49,298 --> 00:07:51,733 And I don't wanna see you till you've calmed down. 176 00:08:04,913 --> 00:08:08,850 (indistinct chatter) 177 00:08:11,853 --> 00:08:13,555 MITCH: Morning, Ellenor. Don't talk to me. 178 00:08:18,660 --> 00:08:22,097 And, Ms. Kim, what do you do in the cosmetics department? 179 00:08:22,131 --> 00:08:23,465 What's your job? 180 00:08:23,498 --> 00:08:25,200 I offer samples of perfume. 181 00:08:25,234 --> 00:08:27,102 MITCH: How do you offer those samples? 182 00:08:27,702 --> 00:08:29,304 With just a small spray. 183 00:08:29,338 --> 00:08:30,805 That's not how she doused me. 184 00:08:30,839 --> 00:08:32,107 Ms. Macintosh. 185 00:08:32,141 --> 00:08:34,309 Well, perhaps you can demonstrate. 186 00:08:38,613 --> 00:08:39,948 A small spray. 187 00:08:40,382 --> 00:08:41,550 Like this. 188 00:08:42,984 --> 00:08:45,354 MITCH: Ms. Kim, when you offered the defendant a sample, 189 00:08:45,387 --> 00:08:47,989 what happened? She became angry. 190 00:08:48,022 --> 00:08:50,059 She told me to back off, 191 00:08:50,092 --> 00:08:51,726 then she knocked the bottle from my hand. 192 00:08:52,227 --> 00:08:55,230 It crashed to the floor, and glass went everywhere. 193 00:08:55,264 --> 00:08:57,566 I needed four stitches on my ankle. 194 00:08:57,599 --> 00:08:59,968 Would you indicate just who threatened you? 195 00:09:01,370 --> 00:09:02,037 There. 196 00:09:03,172 --> 00:09:05,274 MITCH: Thank you, Ms. Kim. Nothing further, Your Honor. 197 00:09:09,211 --> 00:09:11,313 FRUTT: Ms. Kim, would you please step down? 198 00:09:11,980 --> 00:09:13,182 Your Honor, with your permission, 199 00:09:13,215 --> 00:09:16,017 I'd also ask that my client come forward as well. 200 00:09:16,051 --> 00:09:18,253 Perhaps by reenacting what happened, 201 00:09:18,287 --> 00:09:20,589 the jury would get a better sense of what went on that day. 202 00:09:20,622 --> 00:09:23,225 MITCH: Your Honor, the defendant hasn't even testified yet. 203 00:09:23,258 --> 00:09:24,326 This is gonna confuse the jury. 204 00:09:24,359 --> 00:09:25,627 FRUTT: I'm only asking that the court 205 00:09:25,660 --> 00:09:27,862 extend the same courtesy to my client 206 00:09:27,896 --> 00:09:29,631 insofar as a demonstration goes. 207 00:09:29,664 --> 00:09:31,100 Get at it, Ms. Frutt. 208 00:09:32,601 --> 00:09:34,369 Ms. Kim, if you will. 209 00:09:35,370 --> 00:09:38,507 Your testimony was that my client approached, 210 00:09:38,540 --> 00:09:41,610 and for no apparent reason, she became belligerent. 211 00:09:43,445 --> 00:09:46,848 (screaming) 212 00:09:46,881 --> 00:09:48,283 FULTON: Bailiff! Bailiff! 213 00:09:48,883 --> 00:09:50,018 (gavel banging) Order in the court! 214 00:09:50,052 --> 00:09:53,322 Order in this court! Order! 215 00:09:53,355 --> 00:09:55,124 Order in the court! 216 00:09:55,890 --> 00:09:57,459 Break it up! Break it up! Break it up! 217 00:09:57,492 --> 00:09:59,027 FULTON: Order! Break it up! 218 00:09:59,494 --> 00:10:02,197 Order in the court! Order in the court! 219 00:10:08,303 --> 00:10:10,539 OFFICER: My partner and me, we got a call from dispatch 220 00:10:10,572 --> 00:10:12,241 of a baby in distress. 221 00:10:12,274 --> 00:10:14,008 When we arrived at the defendant's apartment, 222 00:10:14,043 --> 00:10:15,677 we rang the bell and we knocked on the door. 223 00:10:15,710 --> 00:10:18,580 Did the defendant respond? Yes. 224 00:10:18,613 --> 00:10:20,782 He said he wasn't able to wake his baby from her nap. 225 00:10:20,815 --> 00:10:22,584 In fact, he wasn't even sure she was alive. 226 00:10:22,617 --> 00:10:25,754 GAMBLE: How would you describe Mr. Goss' demeanor at the time? 227 00:10:25,787 --> 00:10:29,124 Well, he didn't seem upset like you--like you normally expect. 228 00:10:29,158 --> 00:10:30,092 Objection. 229 00:10:30,125 --> 00:10:31,426 FREEMAN: Sustained. 230 00:10:31,460 --> 00:10:33,828 Just tell us how the defendant appeared. 231 00:10:34,529 --> 00:10:36,665 He was quiet, kind of detached. 232 00:10:36,698 --> 00:10:39,068 GAMBLE: All right, what did you do next? 233 00:10:39,101 --> 00:10:40,902 OFFICER: Well, we were directed to the bedroom, 234 00:10:40,935 --> 00:10:43,405 where we found the infant lying faceup in her crib. 235 00:10:43,438 --> 00:10:46,508 She wasn't breathing, and she appeared cyanotic. 236 00:10:46,541 --> 00:10:48,110 Uh, she was bluish, meaning she had been 237 00:10:48,143 --> 00:10:49,478 without oxygen for some time. 238 00:10:49,511 --> 00:10:50,945 Her heart was beating? 239 00:10:50,979 --> 00:10:53,148 My partner found a very weak pulse while I was bagging. 240 00:10:53,715 --> 00:10:55,217 I was helping her to breathe. 241 00:10:55,250 --> 00:10:57,152 GAMBLE: During all this time, was there anyone else 242 00:10:57,186 --> 00:10:58,287 in the apartment? 243 00:10:58,320 --> 00:11:00,189 No, just Mr. Goss. 244 00:11:02,557 --> 00:11:05,827 Tom Goss called 911, correct? Yes. 245 00:11:05,860 --> 00:11:07,929 So, then, obviously he cared about his daughter? 246 00:11:07,962 --> 00:11:10,232 Objection, speculation. Overruled. 247 00:11:10,265 --> 00:11:11,666 It didn't seem that he cared. 248 00:11:11,700 --> 00:11:13,568 YOUNG: Are you telling me that in all the time 249 00:11:13,602 --> 00:11:15,370 you've been an EMT, 250 00:11:15,404 --> 00:11:17,072 you've never witnessed anyone react 251 00:11:17,106 --> 00:11:18,173 the way Mr. Goss reacted? 252 00:11:18,707 --> 00:11:19,908 If my baby had stopped breathing, I don't-- 253 00:11:19,941 --> 00:11:21,376 But this wasn't your baby. 254 00:11:23,178 --> 00:11:26,148 Isn't it possible, believing his daughter was dead 255 00:11:26,181 --> 00:11:27,482 that my client was in shock? 256 00:11:27,516 --> 00:11:29,151 Okay, sure, but I was-- 257 00:11:29,184 --> 00:11:30,552 Were there any signs of bruising? 258 00:11:31,320 --> 00:11:32,321 I didn't notice any. 259 00:11:32,354 --> 00:11:34,123 Any signs of abuse whatsoever? 260 00:11:34,156 --> 00:11:36,158 OFFICER: Look, this was an emergency response. 261 00:11:36,191 --> 00:11:37,926 I was there to save a life. 262 00:11:37,959 --> 00:11:39,161 It would have been impossible for me 263 00:11:39,194 --> 00:11:40,062 to notice everything. 264 00:11:40,095 --> 00:11:42,164 That's exactly my point. 265 00:11:43,565 --> 00:11:44,633 Nothing further. 266 00:11:47,136 --> 00:11:49,604 Prosecution calls Dr. Daniel Taylor, 267 00:11:49,638 --> 00:11:52,374 a Pediatric Care Specialist at Boston General. 268 00:11:53,442 --> 00:11:55,444 TAYLOR: I've been at Boston General 22 years, 269 00:11:55,477 --> 00:11:58,347 Chief of Pediatrics for 12. 270 00:11:58,380 --> 00:12:00,482 Were you involved in baby "M"'s care? 271 00:12:00,515 --> 00:12:01,750 TAYLOR: From the beginning. 272 00:12:01,783 --> 00:12:03,885 She was born six weeks premature. 273 00:12:03,918 --> 00:12:05,920 GAMBLE: Did she suffer any complications 274 00:12:05,954 --> 00:12:07,822 as a result of her premature birth? 275 00:12:07,856 --> 00:12:10,725 Well, her cardiovascular, respiratory, 276 00:12:10,759 --> 00:12:13,895 and even neurological systems were all underdeveloped, 277 00:12:13,928 --> 00:12:15,664 but I expected her to mature 278 00:12:15,697 --> 00:12:16,898 into a healthy child. 279 00:12:16,931 --> 00:12:19,934 How many times did baby "M" visit your office? 280 00:12:19,968 --> 00:12:22,904 Over eight months, about sixteen times. 281 00:12:22,937 --> 00:12:24,506 GAMBLE: Who would bring her? 282 00:12:24,539 --> 00:12:25,940 Almost always Mr. Goss. 283 00:12:25,974 --> 00:12:28,143 In about the third month, 284 00:12:28,177 --> 00:12:29,744 I started seeing indications 285 00:12:29,778 --> 00:12:31,046 that something was wrong. 286 00:12:31,080 --> 00:12:33,148 And on one visit, 287 00:12:33,182 --> 00:12:36,551 I noticed that the baby's left leg was bruised. 288 00:12:36,585 --> 00:12:38,720 GAMBLE: Did you ask Mr. Goss about it? 289 00:12:38,753 --> 00:12:40,122 TAYLOR: He thought perhaps she had rolled 290 00:12:40,155 --> 00:12:42,191 against the side of her crib. 291 00:12:42,224 --> 00:12:44,226 There had been no bruising before that incident, 292 00:12:44,259 --> 00:12:46,428 so I didn't think much about it. 293 00:12:46,461 --> 00:12:48,230 Was there a second incident? 294 00:12:48,263 --> 00:12:49,831 Sidebar, Your Honor? 295 00:12:49,864 --> 00:12:50,565 Quickly. 296 00:12:55,637 --> 00:12:57,106 We've been over this pretrial. 297 00:12:57,139 --> 00:12:58,840 She can't bring up the prior bruises. 298 00:12:58,873 --> 00:13:01,176 There's no evidence linking them to my client. 299 00:13:01,210 --> 00:13:02,311 It's prejudicial. 300 00:13:02,344 --> 00:13:03,612 This is the treating physician, 301 00:13:03,645 --> 00:13:05,314 an expert witness who can testify 302 00:13:05,347 --> 00:13:06,948 what he based his opinion on. 303 00:13:06,981 --> 00:13:09,384 You've got no proof and no connection to my client. 304 00:13:09,418 --> 00:13:12,454 He can explain his opinion. It's prejudicial. 305 00:13:12,487 --> 00:13:13,555 GAMBLE: Oh, come on, what is it, Eugene? 306 00:13:13,588 --> 00:13:15,057 You afraid the jury's gonna see your client 307 00:13:15,090 --> 00:13:16,225 for the lowlife he is? 308 00:13:16,258 --> 00:13:17,259 FREEMAN: Enough. 309 00:13:17,992 --> 00:13:20,595 I'm going to give the jury a limiting instruction 310 00:13:20,629 --> 00:13:22,464 and permit this line of questioning, 311 00:13:22,497 --> 00:13:25,467 for a while, Ms. Gamble, but you're on a short leash. 312 00:13:25,500 --> 00:13:26,635 That's crap, and you know it. 313 00:13:28,670 --> 00:13:31,140 You better check your emotions, Counselor. 314 00:13:32,541 --> 00:13:35,277 Whatever your personal animus might be towards me, 315 00:13:35,310 --> 00:13:38,012 you're not acting in the best interest of your client. 316 00:13:38,047 --> 00:13:39,848 I suggest that you get a grip 317 00:13:39,881 --> 00:13:42,184 before you jeopardize him even further. 318 00:13:44,653 --> 00:13:46,088 Let me help you. 319 00:13:47,622 --> 00:13:48,723 Take a recess. 320 00:14:04,706 --> 00:14:06,141 She'll be fine. 321 00:14:06,175 --> 00:14:07,776 In fact, probably a little bit richer 322 00:14:07,809 --> 00:14:09,811 since the prosecution's witness flipped out on her. 323 00:14:09,844 --> 00:14:12,013 Why were charges filed in the first place? 324 00:14:12,047 --> 00:14:14,183 Because the woman is off her nut, 325 00:14:14,216 --> 00:14:15,850 and Mitchell Wheeler is a horse's ass. 326 00:14:23,758 --> 00:14:25,094 What do you want? 327 00:14:25,660 --> 00:14:26,761 Two minutes. 328 00:14:27,529 --> 00:14:28,530 Please. 329 00:14:38,773 --> 00:14:40,075 You've got one minute. 330 00:14:41,343 --> 00:14:43,545 When I offered to reduce your client's sentence 331 00:14:43,578 --> 00:14:45,747 to see your breasts, 332 00:14:45,780 --> 00:14:47,649 I not only obstructed justice, 333 00:14:47,682 --> 00:14:48,417 I hurt you. 334 00:14:48,450 --> 00:14:50,185 We were friends. 335 00:14:52,187 --> 00:14:54,656 I don't think you realize just how much you hurt me. 336 00:14:54,689 --> 00:14:56,858 MITCH: You accused me in front of Judge Kittleson. 337 00:14:56,891 --> 00:14:57,859 I was blindsided. 338 00:14:57,892 --> 00:14:59,761 Uh, all I could think to do was accuse you. 339 00:14:59,794 --> 00:15:01,696 This isn't sounding like an apology, Mitchell. 340 00:15:01,730 --> 00:15:02,964 Try to understand, 341 00:15:02,997 --> 00:15:05,200 it was either embarrass you, or get disbarred. 342 00:15:05,234 --> 00:15:06,935 You made the wrong choice. 343 00:15:06,968 --> 00:15:08,537 I know. 344 00:15:08,570 --> 00:15:09,771 And if I could do it all over again, 345 00:15:09,804 --> 00:15:11,273 I'd own up to my behavior. 346 00:15:13,108 --> 00:15:14,376 Ellenor... 347 00:15:15,177 --> 00:15:17,112 I'm sorry I hurt you, 348 00:15:18,047 --> 00:15:20,549 and I hope that someday you're able to forgive me. 349 00:15:22,317 --> 00:15:24,018 Um, if you want to speak to Judge Kittleson, 350 00:15:24,053 --> 00:15:25,154 then I'll back you up. 351 00:15:28,690 --> 00:15:31,760 Do not make this my responsibility. 352 00:15:33,562 --> 00:15:35,564 I don't even know why I'm listening. 353 00:15:35,597 --> 00:15:39,268 You accused and humiliated me in open court, 354 00:15:39,301 --> 00:15:40,835 and then crushed me 355 00:15:40,869 --> 00:15:43,638 by suggesting I needed psychological help. 356 00:15:46,108 --> 00:15:48,577 You are a real bastard. 357 00:15:55,317 --> 00:15:56,751 (sighs) 358 00:16:15,370 --> 00:16:17,739 I don't want you asking me if I'm okay. 359 00:16:19,441 --> 00:16:20,542 All right? 360 00:16:22,177 --> 00:16:24,679 GAMBLE: So, Doctor, it was your phone call 361 00:16:24,713 --> 00:16:26,315 to Social Services that resulted 362 00:16:26,348 --> 00:16:27,949 in the defendant's arrest? 363 00:16:27,982 --> 00:16:30,319 TAYLOR: Yes. There was a second incident. 364 00:16:30,352 --> 00:16:34,389 This time, there was a more pronounced set of bruises. 365 00:16:34,423 --> 00:16:36,091 GAMBLE: What did the defendant say? 366 00:16:36,125 --> 00:16:38,427 He made no explanation 367 00:16:38,460 --> 00:16:39,661 and that concerned me. 368 00:16:40,229 --> 00:16:41,896 I made a notation in the file 369 00:16:41,930 --> 00:16:44,566 and said I wanted to see baby "M" after one week 370 00:16:44,599 --> 00:16:46,068 instead of the usual two. 371 00:16:46,635 --> 00:16:48,770 Unfortunately, that appointment 372 00:16:48,803 --> 00:16:50,072 was never kept. 373 00:16:50,105 --> 00:16:51,940 GAMBLE: Please tell the jury why. 374 00:16:51,973 --> 00:16:53,708 TAYLOR: Baby "M" was rushed to the hospital 375 00:16:53,742 --> 00:16:55,210 before that day arrived. 376 00:16:55,244 --> 00:16:56,245 When I was notified, 377 00:16:56,278 --> 00:16:58,913 I went immediately to the emergency room myself. 378 00:16:58,947 --> 00:17:00,682 You can imagine what I felt 379 00:17:00,715 --> 00:17:01,916 when I saw that this child 380 00:17:01,950 --> 00:17:02,751 had nearly been murdered. 381 00:17:02,784 --> 00:17:04,586 Objection, move to strike. 382 00:17:04,619 --> 00:17:06,988 FREEMAN: Sustained. The jury will disregard. 383 00:17:07,021 --> 00:17:08,957 Just tell us what you observed. 384 00:17:09,624 --> 00:17:11,193 We did a C. T. scan, 385 00:17:11,226 --> 00:17:13,895 which showed severe swelling of the brain, 386 00:17:13,928 --> 00:17:15,564 the kind of swelling we'd expect 387 00:17:15,597 --> 00:17:17,732 when a child is shaken violently. 388 00:17:17,766 --> 00:17:20,235 In addition, baby "M"'s arms were bruised, 389 00:17:20,269 --> 00:17:23,772 consistent with being held tightly in that area. 390 00:17:23,805 --> 00:17:25,974 But most telling was the bilateral 391 00:17:26,007 --> 00:17:27,176 retinal hemorrhaging. 392 00:17:27,209 --> 00:17:29,344 What would cause the hemorrhaging? 393 00:17:29,378 --> 00:17:32,114 TAYLOR: In an infant? Aggressive shaking. 394 00:17:32,147 --> 00:17:33,715 The force of such movement 395 00:17:33,748 --> 00:17:35,584 is more than enough to cause injury. 396 00:17:35,617 --> 00:17:38,053 It's my medical opinion that baby "M" 397 00:17:38,087 --> 00:17:39,588 was shaken almost to death. 398 00:17:40,089 --> 00:17:41,623 GAMBLE: Is there any way to determine 399 00:17:41,656 --> 00:17:43,525 when the incident occurred? 400 00:17:43,558 --> 00:17:45,660 Not with precision, but based on my experience, 401 00:17:45,694 --> 00:17:47,662 it's my opinion that this occurred 402 00:17:47,696 --> 00:17:49,564 no more than 12 hours 403 00:17:49,598 --> 00:17:52,000 prior to baby "M"'s arrival at the hospital. 404 00:17:52,034 --> 00:17:54,236 Did you mention that to Mr. Goss? 405 00:17:54,269 --> 00:17:56,671 TAYLOR: Yes. He said it was impossible, 406 00:17:56,705 --> 00:17:59,341 that the baby hadn't been out of his sight all day. 407 00:18:02,077 --> 00:18:03,178 YOUNG: Dr. Taylor... 408 00:18:03,212 --> 00:18:06,715 isn't it possible that this child's injuries occurred 409 00:18:06,748 --> 00:18:09,884 a full 72 hours prior 410 00:18:09,918 --> 00:18:11,386 to her arrival at the hospital? 411 00:18:11,420 --> 00:18:13,055 That's extremely unlikely. 412 00:18:13,088 --> 00:18:16,125 The question is whether it's possible. 413 00:18:16,158 --> 00:18:18,927 Shaken baby syndrome can manifest itself 414 00:18:18,960 --> 00:18:19,994 up to three full days 415 00:18:20,028 --> 00:18:22,497 after the baby's been shaken, correct? 416 00:18:22,531 --> 00:18:24,066 That's very rare. 417 00:18:24,099 --> 00:18:25,467 YOUNG: But you don't have any idea 418 00:18:25,500 --> 00:18:27,102 who handled that baby in the three days 419 00:18:27,136 --> 00:18:28,570 before the crisis, do you? 420 00:18:28,603 --> 00:18:29,838 No, I don't. 421 00:18:29,871 --> 00:18:31,806 YOUNG: You claim you saw bruising 422 00:18:31,840 --> 00:18:32,874 on the child's leg, 423 00:18:32,907 --> 00:18:34,476 and even more pronounced bruises 424 00:18:34,509 --> 00:18:35,844 on the next several visits. 425 00:18:35,877 --> 00:18:37,346 TAYLOR: Yes, and as I'm sure you know, 426 00:18:37,379 --> 00:18:39,614 you can find those noted in her chart. 427 00:18:39,648 --> 00:18:41,383 YOUNG: If you'd become so concerned, 428 00:18:41,416 --> 00:18:43,518 why didn't you notify Social Services 429 00:18:43,552 --> 00:18:45,920 prior to the date of the emergency? 430 00:18:45,954 --> 00:18:47,422 I wish to God I had. 431 00:18:47,456 --> 00:18:50,159 But at the time, I couldn't be sure of abuse. 432 00:18:50,192 --> 00:18:51,626 YOUNG: Yes, but you aren't any more sure now 433 00:18:51,660 --> 00:18:52,361 than you were then. 434 00:18:52,394 --> 00:18:53,862 Those bruises were consistent 435 00:18:53,895 --> 00:18:55,297 with abuse, Mr. Young. 436 00:18:55,330 --> 00:18:58,400 When I arrived at the hospital to evaluate the baby, 437 00:18:58,433 --> 00:19:01,736 I had no doubt whatsoever she was shaken. 438 00:19:01,770 --> 00:19:04,139 And you know that because you saw the swelling of the brain 439 00:19:04,173 --> 00:19:05,507 as well as the retinal hemorrhaging? 440 00:19:05,540 --> 00:19:07,809 TAYLOR: That's correct. Well, couldn't the swelling 441 00:19:07,842 --> 00:19:08,677 have been caused 442 00:19:08,710 --> 00:19:10,245 by a cerebral aneurysm? 443 00:19:10,279 --> 00:19:11,846 I conducted a C. T. scan. 444 00:19:11,880 --> 00:19:14,316 I would have seen an aneurysm on that scan. 445 00:19:14,349 --> 00:19:15,884 What's more, an aneurysm alone 446 00:19:15,917 --> 00:19:17,719 wouldn't explain retinal hemorrhaging. 447 00:19:17,752 --> 00:19:20,055 YOUNG: Isn't it possible, if not likely 448 00:19:20,089 --> 00:19:21,890 that a loving father, in shock 449 00:19:21,923 --> 00:19:24,793 upon seeing that his child isn't breathing, 450 00:19:24,826 --> 00:19:28,029 might lift up that child and try reviving her, 451 00:19:28,063 --> 00:19:29,664 and in that moment of fear, 452 00:19:29,698 --> 00:19:31,166 produce the retinal hemorrhaging 453 00:19:31,200 --> 00:19:32,034 of which you're talking about? 454 00:19:32,067 --> 00:19:33,368 I highly doubt that. 455 00:19:33,402 --> 00:19:35,104 YOUNG: You may doubt it, but the fact is, 456 00:19:35,137 --> 00:19:38,773 you don't know to a medical certainty when this happened. 457 00:19:38,807 --> 00:19:41,276 And unless you were there, you don't know who, 458 00:19:41,310 --> 00:19:43,078 if anyone, is responsible. 459 00:19:43,112 --> 00:19:44,379 Objection, argumentative. 460 00:19:44,413 --> 00:19:45,414 Overruled. 461 00:19:45,447 --> 00:19:46,581 This could have been an accident. 462 00:19:46,615 --> 00:19:48,083 This was not an accident. 463 00:19:48,117 --> 00:19:49,751 Then for all you know, Doctor, 464 00:19:49,784 --> 00:19:52,387 Mrs. Goss is the one who harmed her child. 465 00:19:52,421 --> 00:19:54,256 Kelly would never hurt our daughter! 466 00:19:54,289 --> 00:19:55,724 Please, don't listen to them! 467 00:19:55,757 --> 00:19:57,092 Mr. Goss, sit down! 468 00:19:57,126 --> 00:19:58,893 I told them you couldn't have done this! 469 00:19:58,927 --> 00:20:00,929 Mr. Goss! We love our daughter! 470 00:20:00,962 --> 00:20:02,197 Why won't you believe me?! 471 00:20:02,231 --> 00:20:03,465 WASHINGTON: Tom, sit down. 472 00:20:08,037 --> 00:20:10,305 Sit down. 473 00:20:21,450 --> 00:20:24,719 If anyone's got an idea, don't hold back now. 474 00:20:24,753 --> 00:20:26,388 The wife ran from the courtroom? 475 00:20:26,421 --> 00:20:27,789 She's afraid of her husband, 476 00:20:27,822 --> 00:20:29,591 that's what the jury's gonna think, anyway. 477 00:20:29,624 --> 00:20:31,126 Didn't Eugene cut down the paramedic 478 00:20:31,160 --> 00:20:32,861 and make good points with the Doctor? 479 00:20:32,894 --> 00:20:34,629 YOUNG: He's Chief of Pediatrics, Jimmy, 480 00:20:34,663 --> 00:20:35,564 not some intern. 481 00:20:35,597 --> 00:20:36,531 He was effective. 482 00:20:36,565 --> 00:20:38,300 And any points I made were forgotten 483 00:20:38,333 --> 00:20:39,101 when Tom lost control. 484 00:20:39,134 --> 00:20:41,370 Is it really that bad? 485 00:20:41,403 --> 00:20:42,804 It's not good. 486 00:20:42,837 --> 00:20:45,240 And right now, Tom Goss is our biggest problem. 487 00:20:45,274 --> 00:20:46,975 Why not have him testify? 488 00:20:47,008 --> 00:20:49,144 YOUNG: That's not an option. He's too unpredictable. 489 00:20:49,178 --> 00:20:50,645 Okay. So who do they have next? 490 00:20:50,679 --> 00:20:52,147 YOUNG: The wife. Rebecca, you ready? 491 00:20:52,181 --> 00:20:53,315 I'll do what I can. 492 00:20:53,348 --> 00:20:55,450 DONNELL: Rebecca, we need this. 493 00:20:55,484 --> 00:20:59,054 I understand, but Tom is still the key. 494 00:20:59,088 --> 00:21:01,890 If he won't give us anything to attack her with on cross, 495 00:21:01,923 --> 00:21:03,092 he's going to prison. 496 00:21:06,661 --> 00:21:07,996 (knocks on door) 497 00:21:15,904 --> 00:21:17,306 Are you stalking me now? 498 00:21:18,073 --> 00:21:19,508 I need to speak with you. 499 00:21:20,275 --> 00:21:22,177 I've been standing outside for over an hour. 500 00:21:23,312 --> 00:21:25,180 You're pathetic, you know that? 501 00:21:28,450 --> 00:21:30,785 Come in and warm up before I kick you out. 502 00:21:41,330 --> 00:21:44,433 MITCH: The cops did a more thorough background check. 503 00:21:44,466 --> 00:21:46,401 Seems Catherine Kim's been involved 504 00:21:46,435 --> 00:21:48,137 in two similar incidents prior to this one. 505 00:21:48,170 --> 00:21:50,272 I've advised my client to sue. 506 00:21:53,708 --> 00:21:55,444 What you said this afternoon, 507 00:21:56,945 --> 00:21:58,613 I want you to know I heard you. 508 00:22:01,050 --> 00:22:02,851 But I also want you to know, 509 00:22:04,319 --> 00:22:06,988 immediately after what happened in Kittleson's courtroom, 510 00:22:08,423 --> 00:22:12,894 I started to take stock of myself. 511 00:22:15,297 --> 00:22:17,299 My divorce is final in three weeks. 512 00:22:18,967 --> 00:22:20,802 This is my last case with the D. A.'s office. 513 00:22:20,835 --> 00:22:21,570 I quit today. 514 00:22:24,806 --> 00:22:25,974 If I-- 515 00:22:27,342 --> 00:22:29,044 if I was capable 516 00:22:29,611 --> 00:22:31,346 of propositioning you 517 00:22:31,380 --> 00:22:33,648 in exchange for a lighter sentence, 518 00:22:34,749 --> 00:22:36,218 I mean if I was able to betray 519 00:22:36,251 --> 00:22:37,852 our close friendship like that, 520 00:22:37,886 --> 00:22:39,388 then I needed to examine my life. 521 00:22:43,125 --> 00:22:44,259 Ellenor... 522 00:22:48,029 --> 00:22:49,464 I am so... 523 00:22:50,265 --> 00:22:51,500 so sorry. 524 00:22:59,308 --> 00:23:02,344 (inhales deeply) 525 00:23:14,856 --> 00:23:17,792 (machine beeping) 526 00:23:27,069 --> 00:23:29,571 GAMBLE: Oh, I'm sorry. I didn't mean to startle you. 527 00:23:30,004 --> 00:23:32,274 It's okay. You just left court so quickly. 528 00:23:32,307 --> 00:23:33,942 I thought I'd find you here. 529 00:23:35,277 --> 00:23:37,579 Is there anything I can do to help? 530 00:23:38,913 --> 00:23:40,515 Would you sit here with me? 531 00:23:41,283 --> 00:23:42,651 You don't need to stay long. Just-- 532 00:23:42,684 --> 00:23:44,153 Of course. 533 00:23:45,154 --> 00:23:50,459 WOMAN (over PA): Dr. (indistinct) 534 00:23:50,492 --> 00:23:52,494 I keep hearing Dr. Taylor 535 00:23:53,395 --> 00:23:55,364 about how Mary Beth will probably 536 00:23:55,397 --> 00:23:56,665 never walk... 537 00:23:57,032 --> 00:23:58,267 or talk. 538 00:23:59,701 --> 00:24:01,336 Is that a life? 539 00:24:03,472 --> 00:24:05,006 God, maybe things would have been different 540 00:24:05,040 --> 00:24:06,808 if I had just... 541 00:24:07,376 --> 00:24:09,944 GAMBLE: Look, you can't blame yourself 542 00:24:09,978 --> 00:24:11,746 for your daughter being in a coma. 543 00:24:15,817 --> 00:24:17,619 I don't know what to do. 544 00:24:17,652 --> 00:24:20,355 GAMBLE: Well, right now there's no reason to do anything. 545 00:24:20,389 --> 00:24:22,124 If I take her off the respirator-- 546 00:24:22,157 --> 00:24:23,958 I'm suggesting you wait. 547 00:24:25,527 --> 00:24:26,995 (sighs) Should I talk to Tom? 548 00:24:28,763 --> 00:24:30,232 You can't. 549 00:24:30,265 --> 00:24:32,000 There's a restraining order. 550 00:24:32,034 --> 00:24:33,001 (alarm ringing) 551 00:24:33,035 --> 00:24:33,902 What's wrong? 552 00:24:35,137 --> 00:24:36,305 What's happening? What's happening? 553 00:24:36,571 --> 00:24:37,839 Somebody get a doctor! 554 00:24:37,872 --> 00:24:39,241 Somebody, please! 555 00:24:39,274 --> 00:24:42,177 Help my baby! NURSE: Doctor, her baby! 556 00:24:42,211 --> 00:24:44,579 NURSE : She has a low (indistinct) check it now. 557 00:24:44,613 --> 00:24:46,014 KELLY: Oh, what's happening? 558 00:24:46,915 --> 00:24:48,383 What's happening? 559 00:24:49,218 --> 00:24:52,154 (music playing) 560 00:25:59,654 --> 00:26:00,822 Wow. 561 00:26:01,390 --> 00:26:03,692 The most bizarre thing just happened. 562 00:26:03,992 --> 00:26:05,860 I thought I saw Mitchell Wheeler 563 00:26:05,894 --> 00:26:07,862 running out of here half-dressed. 564 00:26:07,896 --> 00:26:10,032 That was Mitchell and I know what you're gonna say. 565 00:26:10,065 --> 00:26:11,966 I don't know what I'm going to say. 566 00:26:12,000 --> 00:26:13,202 I know. It seems crazy. 567 00:26:16,238 --> 00:26:18,407 I was in love with Mitchell all through college. 568 00:26:18,807 --> 00:26:21,343 We were really close 569 00:26:21,743 --> 00:26:22,911 and we studied together. 570 00:26:22,944 --> 00:26:24,146 We slept on each other's couches. 571 00:26:24,179 --> 00:26:26,115 He flirted with me all the time. 572 00:26:27,082 --> 00:26:28,250 But he never-- 573 00:26:29,718 --> 00:26:31,920 he always had some trophy girl on his arm 574 00:26:33,122 --> 00:26:34,356 and then... 575 00:26:36,891 --> 00:26:38,560 last night it was just 576 00:26:39,228 --> 00:26:40,462 about so many things. 577 00:26:41,796 --> 00:26:44,099 Validation for all of those years 578 00:26:44,133 --> 00:26:45,400 that I loved him 579 00:26:46,535 --> 00:26:49,171 and he made me feel desirable 580 00:26:49,204 --> 00:26:50,872 that maybe... 581 00:26:50,905 --> 00:26:52,941 something like this is possible for me. 582 00:26:56,078 --> 00:26:57,312 But honestly... 583 00:26:59,081 --> 00:27:01,916 I have no idea what I'm doing. 584 00:27:04,786 --> 00:27:07,021 If it's what you wanted, 585 00:27:07,056 --> 00:27:08,557 I'm happy for you. 586 00:27:10,059 --> 00:27:12,227 But, Ellenor, after what he did to you, 587 00:27:16,231 --> 00:27:17,866 it's none of my business. 588 00:27:28,277 --> 00:27:30,245 WASHINGTON: Your wife was right there with her. 589 00:27:30,279 --> 00:27:31,380 Mary Beth? She's all right? 590 00:27:31,413 --> 00:27:33,182 She's fine. It was a small seizure. 591 00:27:33,215 --> 00:27:35,250 I wanna see my daughter. 592 00:27:35,284 --> 00:27:36,585 The judge can't do this. 593 00:27:36,618 --> 00:27:38,720 It is unfair to Mary Beth or Kelly. 594 00:27:42,057 --> 00:27:43,558 I need to testify. 595 00:27:44,193 --> 00:27:46,595 I wanna tell my side of what happened. 596 00:27:46,628 --> 00:27:48,530 You did damage to yourself in court yesterday. 597 00:27:48,563 --> 00:27:49,598 The jury won't forget that. 598 00:27:49,631 --> 00:27:51,266 What better reason for them to hear 599 00:27:51,300 --> 00:27:52,701 what I have to say to explain-- 600 00:27:52,734 --> 00:27:53,735 YOUNG: Explain what? 601 00:27:54,536 --> 00:27:56,071 How you lose control 602 00:27:56,771 --> 00:27:58,573 with your wife, with me, 603 00:28:00,309 --> 00:28:01,176 with your daughter? 604 00:28:04,813 --> 00:28:06,181 How can you say that? 605 00:28:06,215 --> 00:28:08,783 Right now, nobody's gonna believe you. 606 00:28:10,385 --> 00:28:11,620 It's your decision. 607 00:28:12,421 --> 00:28:15,424 But my advice is you sit in that court 608 00:28:15,457 --> 00:28:17,526 and keep quiet. 609 00:28:27,402 --> 00:28:29,238 The D. A. is putting your wife 610 00:28:29,271 --> 00:28:30,639 on the stand today. 611 00:28:31,606 --> 00:28:34,008 Tom, I have to cross-examine her. 612 00:28:35,344 --> 00:28:36,411 No. 613 00:28:37,712 --> 00:28:39,948 You wanna cross-examine Kelly 614 00:28:40,682 --> 00:28:43,585 and suggest that the mother of my child 615 00:28:43,618 --> 00:28:45,720 is responsible for what happened. 616 00:28:50,659 --> 00:28:52,961 Tom, did you hurt your baby? 617 00:28:55,664 --> 00:28:56,698 No. 618 00:28:57,566 --> 00:28:59,268 Can you look me in the eye 619 00:28:59,301 --> 00:29:01,370 and tell me your wife didn't? 620 00:29:01,870 --> 00:29:04,806 (music playing) 621 00:29:11,780 --> 00:29:13,982 Then you owe it to your child 622 00:29:14,015 --> 00:29:16,685 to allow us to try and find out the truth. 623 00:29:22,691 --> 00:29:24,459 Donnell, Young, Dole, and Frutt. 624 00:29:24,493 --> 00:29:25,960 Yeah, just one moment. 625 00:29:25,994 --> 00:29:27,562 It's the doctor from Boston General 626 00:29:27,596 --> 00:29:28,363 returning your call. 627 00:29:28,397 --> 00:29:29,631 Oh great. Hi. 628 00:29:30,032 --> 00:29:30,932 Hello? 629 00:29:30,965 --> 00:29:33,202 Hi, thanks for calling me back. 630 00:29:33,735 --> 00:29:35,304 Yeah, he's sitting right here. 631 00:29:35,837 --> 00:29:36,871 Oh, good, great. 632 00:29:36,905 --> 00:29:38,907 What were you able to find out? Uh-huh. 633 00:29:39,408 --> 00:29:40,642 Hey, Zoe. 634 00:29:40,675 --> 00:29:42,010 Your nanny canceled, too? 635 00:29:42,044 --> 00:29:43,378 Yeah, five car accidents 636 00:29:43,412 --> 00:29:45,180 got the Fitzgerald backed up to Brooklyn. 637 00:29:45,214 --> 00:29:46,181 I told her not to bother. 638 00:29:46,215 --> 00:29:47,149 Where are you going, half-day? 639 00:29:47,182 --> 00:29:48,583 Half-day seminar, Rape Crisis Center. 640 00:29:48,617 --> 00:29:49,551 Oh, who's gonna answer the phone? 641 00:29:49,584 --> 00:29:51,053 I told you about this a week ago. 642 00:29:51,086 --> 00:29:52,887 Honey, honey, will you take the baby? 643 00:29:52,921 --> 00:29:53,988 Hmm. 644 00:29:54,289 --> 00:29:55,424 I'll try not to be too long. 645 00:29:55,457 --> 00:29:56,491 Ellenor, we're going to Boston General. 646 00:29:56,791 --> 00:29:58,193 Wait, is something wrong? Nothing. 647 00:29:58,227 --> 00:29:59,561 I need your bad cop for my good cop. 648 00:29:59,594 --> 00:30:01,163 Why am I always the bad cop? 649 00:30:01,196 --> 00:30:02,664 I'll explain on the way. 650 00:30:03,365 --> 00:30:05,200 Here. Uh, uh, uh, no, no way. 651 00:30:05,234 --> 00:30:06,901 FRUTT: Your wife has asked me to help. 652 00:30:06,935 --> 00:30:08,170 He needs a diaper, okay? 653 00:30:08,203 --> 00:30:09,504 Hey, and if she's hungry, 654 00:30:09,538 --> 00:30:10,739 there are snacks in the bag. 655 00:30:15,677 --> 00:30:17,712 Your Honor, the prosecution calls 656 00:30:17,746 --> 00:30:19,348 Kelly Goss to the stand. 657 00:30:22,184 --> 00:30:23,618 Whatever happens, 658 00:30:23,652 --> 00:30:26,421 keep quiet and just sit there. 659 00:30:32,594 --> 00:30:34,429 KELLY: The baby was crying... 660 00:30:34,963 --> 00:30:36,030 a lot. 661 00:30:36,898 --> 00:30:40,169 She wouldn't sleep for more than an hour at a time. 662 00:30:41,103 --> 00:30:43,972 And with the visits to Dr. Taylor's, 663 00:30:44,005 --> 00:30:45,840 the bills, 664 00:30:45,874 --> 00:30:48,077 Tom and I were falling apart. 665 00:30:48,643 --> 00:30:51,313 How did Tom adjust to his new life? 666 00:30:51,346 --> 00:30:52,814 Not well. 667 00:30:53,182 --> 00:30:54,616 After losing his job, 668 00:30:54,649 --> 00:30:57,119 he always seemed to be on edge. 669 00:30:57,386 --> 00:30:59,221 Uh, he has a short temper anyway. 670 00:30:59,254 --> 00:30:59,888 Objection. 671 00:30:59,921 --> 00:31:01,056 Sustained. 672 00:31:01,856 --> 00:31:03,925 Did you ever see your husband hit the baby 673 00:31:03,958 --> 00:31:05,794 or hurt her physically in any way? 674 00:31:06,128 --> 00:31:07,996 No. But... 675 00:31:08,863 --> 00:31:10,699 he yelled at her sometimes. 676 00:31:12,601 --> 00:31:14,769 I already said she was crying all the time. 677 00:31:15,370 --> 00:31:16,638 GAMBLE: And during this time, 678 00:31:16,671 --> 00:31:18,440 how are you and your husband getting along? 679 00:31:18,973 --> 00:31:20,475 We loved each other, 680 00:31:21,510 --> 00:31:23,312 but we had these fights. 681 00:31:25,080 --> 00:31:27,049 And once Tom was so upset, 682 00:31:27,449 --> 00:31:28,883 he said he felt trapped 683 00:31:28,917 --> 00:31:30,952 and he wished that we'd never even had the baby. 684 00:31:31,953 --> 00:31:33,622 I don't think he meant it, 685 00:31:33,655 --> 00:31:36,225 but he said it and it scared me. 686 00:31:37,092 --> 00:31:38,727 GAMBLE: What was your daughter's condition 687 00:31:38,760 --> 00:31:41,363 the night before she was taken to the emergency room? 688 00:31:41,963 --> 00:31:44,499 Well, she was crying almost constantly. 689 00:31:45,067 --> 00:31:46,801 We were up most of the night. 690 00:31:47,269 --> 00:31:49,471 Finally, about 4:00 in the morning, 691 00:31:49,504 --> 00:31:50,805 she quieted down. 692 00:31:51,140 --> 00:31:52,507 And I didn't see her 693 00:31:52,541 --> 00:31:54,109 before I went to work the next day. 694 00:31:55,110 --> 00:31:57,011 GAMBLE: When was the next time you saw her? 695 00:31:58,447 --> 00:31:59,981 That night at the hospital. 696 00:32:04,886 --> 00:32:07,722 Mrs. Goss, your husband wasn't the only one 697 00:32:07,756 --> 00:32:09,158 falling apart, was he? 698 00:32:09,891 --> 00:32:11,793 Things were hard on both of us. 699 00:32:11,826 --> 00:32:13,695 In fact, after giving birth, 700 00:32:13,728 --> 00:32:15,530 you suffered from postpartum depression, 701 00:32:15,564 --> 00:32:16,365 isn't that right? 702 00:32:16,398 --> 00:32:17,999 Objection, Your Honor. Relevance? 703 00:32:18,033 --> 00:32:20,302 A little leeway. I'll show the relevance. 704 00:32:20,735 --> 00:32:22,304 With caution, Counsel. 705 00:32:22,904 --> 00:32:24,206 You were so depressed 706 00:32:24,239 --> 00:32:25,474 you started drinking, didn't you? 707 00:32:25,507 --> 00:32:28,177 My drinking was never a problem. 708 00:32:28,210 --> 00:32:29,844 You were reprimanded at work. 709 00:32:29,878 --> 00:32:30,812 You nearly lost your job. 710 00:32:30,845 --> 00:32:32,214 I hated my job. 711 00:32:32,714 --> 00:32:33,982 And when I came home at night, 712 00:32:34,015 --> 00:32:35,650 there was even more work with the baby. 713 00:32:35,684 --> 00:32:37,452 And that made you angry, didn't it? 714 00:32:38,253 --> 00:32:39,521 You fought with your husband 715 00:32:39,554 --> 00:32:41,156 because he was concerned 716 00:32:41,190 --> 00:32:43,258 you were losing control. 717 00:32:43,292 --> 00:32:46,295 I would never harm my child. 718 00:32:46,761 --> 00:32:50,632 Mrs. Goss, one week prior to the emergency, 719 00:32:50,665 --> 00:32:51,966 did you shake your baby 720 00:32:52,000 --> 00:32:53,602 outside the apartment in the hall? 721 00:32:54,236 --> 00:32:55,237 What? 722 00:32:55,270 --> 00:32:57,539 WASHINGTON: You were juggling a bag of groceries 723 00:32:57,572 --> 00:32:59,308 and your daughter was crying? GAMBLE: Your Honor? 724 00:32:59,341 --> 00:33:00,875 WASHINGTON: You heard the phone ring inside 725 00:33:00,909 --> 00:33:02,144 and you had trouble with the door. 726 00:33:02,177 --> 00:33:03,412 Your Honor, objection. 727 00:33:03,445 --> 00:33:04,313 FREEMAN: Overruled. 728 00:33:04,346 --> 00:33:06,748 Wasn't your neighbor standing in the hall 729 00:33:06,781 --> 00:33:08,517 and didn't she see you 730 00:33:08,550 --> 00:33:10,352 shake your baby 731 00:33:10,385 --> 00:33:11,686 in anger and frustration? 732 00:33:11,720 --> 00:33:13,722 Absolutely not. That isn't true. 733 00:33:13,755 --> 00:33:15,724 The night before the emergency, 734 00:33:15,757 --> 00:33:18,360 you said your daughter kept you awake for most of the night 735 00:33:18,393 --> 00:33:20,329 until she fell asleep about 4:00 in the morning? 736 00:33:20,362 --> 00:33:21,563 That's right. 737 00:33:22,064 --> 00:33:23,132 Mrs. Goss, 738 00:33:23,765 --> 00:33:25,700 weren't you the last one 739 00:33:25,734 --> 00:33:27,602 to look in on your child that night? 740 00:33:28,470 --> 00:33:30,905 Your daughter was crying when you went in, 741 00:33:30,939 --> 00:33:34,243 but she wasn't crying when you came out. 742 00:33:34,276 --> 00:33:38,613 Your little baby didn't cry the rest of the night, did she, 743 00:33:38,647 --> 00:33:42,584 or the next morning when, by your own testimony, 744 00:33:42,617 --> 00:33:44,553 you left for work 745 00:33:44,586 --> 00:33:47,289 without even going back into that room 746 00:33:47,322 --> 00:33:49,158 and checking in on her? 747 00:33:49,891 --> 00:33:52,627 I would never ever 748 00:33:52,661 --> 00:33:54,429 hurt my baby. 749 00:34:00,935 --> 00:34:02,371 I have nothing further. 750 00:34:07,642 --> 00:34:09,844 Before any redirect, 751 00:34:09,878 --> 00:34:12,147 we'll take a 20-minute recess. 752 00:34:15,050 --> 00:34:17,986 (indistinct chatter) 753 00:34:21,523 --> 00:34:24,293 Eugene, are you still crossing Mrs. Goss? 754 00:34:24,326 --> 00:34:25,494 Just finished. 755 00:34:25,527 --> 00:34:27,596 Well, you'll need to recall a witness. 756 00:34:37,872 --> 00:34:39,508 You confirmed this? 757 00:34:39,541 --> 00:34:41,176 GAMBLE: We've checked into it, Your Honor. 758 00:34:41,210 --> 00:34:43,078 It's all been confirmed. Yes. 759 00:34:43,112 --> 00:34:44,346 How could this happen? 760 00:34:44,379 --> 00:34:45,814 (knocks on door) 761 00:34:45,847 --> 00:34:47,616 I think we're about to find out. 762 00:34:48,817 --> 00:34:49,784 Come in. 763 00:34:49,818 --> 00:34:50,885 (door opens) 764 00:34:52,921 --> 00:34:54,123 Hello, everyone. 765 00:34:55,424 --> 00:34:57,526 FREEMAN: Dr. Taylor, I asked you here 766 00:34:57,559 --> 00:35:00,028 because there's been a development. 767 00:35:01,730 --> 00:35:02,831 Ms. Gamble? 768 00:35:03,165 --> 00:35:05,400 Baby "M" had a seizure last night 769 00:35:05,434 --> 00:35:07,402 and again early this morning. 770 00:35:07,436 --> 00:35:10,172 Apparently, the hospital ran some tests. 771 00:35:10,205 --> 00:35:11,173 On whose authority? 772 00:35:11,206 --> 00:35:12,841 I wasn't informed of any of this. 773 00:35:12,874 --> 00:35:15,210 On the authority of Kelly Goss. 774 00:35:15,810 --> 00:35:16,845 WASHINGTON: The tests show the baby 775 00:35:16,878 --> 00:35:19,048 actually suffers from meningococcemia. 776 00:35:20,749 --> 00:35:22,717 Did I say that correctly, Dr. Taylor? 777 00:35:23,385 --> 00:35:24,519 The illness presents 778 00:35:24,553 --> 00:35:26,855 with most of the same symptoms. 779 00:35:27,422 --> 00:35:29,124 Look over the record, if you'd like. 780 00:35:29,991 --> 00:35:33,228 A spinal tap revealed diffused encephalitis. 781 00:35:41,570 --> 00:35:42,671 You can't blame me for this. 782 00:35:43,238 --> 00:35:44,906 Based on the parents and the child's history 783 00:35:44,939 --> 00:35:46,441 and the symptoms that I saw, 784 00:35:46,475 --> 00:35:48,477 my diagnosis is completely justifiable. 785 00:35:48,943 --> 00:35:49,844 You blew it. 786 00:35:50,212 --> 00:35:52,314 What gives you the right to tell me what-- 787 00:35:52,347 --> 00:35:54,183 If you'd have caught this early, 788 00:35:54,216 --> 00:35:56,951 a simple course of antibiotics would have been enough. 789 00:35:56,985 --> 00:35:58,620 But you didn't catch it 790 00:35:58,653 --> 00:35:59,821 because you didn't look. 791 00:35:59,854 --> 00:36:02,891 And you didn't look because you'd seen enough. 792 00:36:03,558 --> 00:36:05,294 As far as you were concerned, 793 00:36:05,327 --> 00:36:07,529 the parents were not only suspect, 794 00:36:07,562 --> 00:36:08,697 the father was guilty. 795 00:36:08,730 --> 00:36:09,831 And as a result, 796 00:36:09,864 --> 00:36:12,367 you almost killed their child. 797 00:36:17,272 --> 00:36:18,507 You blew it. 798 00:36:27,616 --> 00:36:28,950 FRUTT: You don't waste time. 799 00:36:29,818 --> 00:36:30,785 MITCH: Hey. 800 00:36:36,158 --> 00:36:37,892 You're not a little scared? 801 00:36:38,460 --> 00:36:39,694 (chuckles) 802 00:36:39,728 --> 00:36:40,829 No. 803 00:36:42,964 --> 00:36:44,366 I'm terrified. 804 00:36:45,067 --> 00:36:47,069 Maybe that's why I'm only running away for a week. 805 00:36:48,603 --> 00:36:49,771 Where'd you decide to go? 806 00:36:50,105 --> 00:36:51,106 Scotland. 807 00:36:52,207 --> 00:36:54,276 I've wanted to visit for as long as I could remember. 808 00:36:54,543 --> 00:36:55,210 Plus... 809 00:36:55,844 --> 00:36:57,079 It's far away. 810 00:36:58,647 --> 00:36:59,681 There's that. 811 00:37:03,585 --> 00:37:05,087 Do you regret last night? 812 00:37:09,023 --> 00:37:10,059 No. 813 00:37:12,026 --> 00:37:13,162 Come with me. 814 00:37:15,230 --> 00:37:16,498 "Come with me?" 815 00:37:22,937 --> 00:37:27,276 There was a time that I would have sold my soul 816 00:37:27,309 --> 00:37:28,777 to hear you say that to me. 817 00:37:33,082 --> 00:37:34,349 Come with me. 818 00:37:36,651 --> 00:37:37,819 Mitchell... 819 00:37:40,689 --> 00:37:42,057 I don't trust you. 820 00:37:44,593 --> 00:37:46,628 I may love you, but I don't trust you. 821 00:37:46,661 --> 00:37:47,762 Not now. 822 00:37:47,796 --> 00:37:48,963 MITCH: Oh, Ellie... 823 00:37:49,398 --> 00:37:51,600 I've wasted so much time. 824 00:37:52,767 --> 00:37:54,169 But you have to forgive me. 825 00:37:54,736 --> 00:37:56,771 It's not a question of forgiveness. 826 00:37:56,805 --> 00:37:58,973 You have that, or I wouldn't be here. 827 00:38:00,642 --> 00:38:02,811 And I can't believe I'm saying this 828 00:38:02,844 --> 00:38:03,878 after all these years, 829 00:38:05,580 --> 00:38:09,851 but I am not willing 830 00:38:09,884 --> 00:38:12,721 to risk myself or my daughter 831 00:38:12,754 --> 00:38:14,489 for something I have never 832 00:38:14,523 --> 00:38:16,325 been able to trust in the past. 833 00:38:22,497 --> 00:38:24,233 It's a brave thing what you're doing. 834 00:38:24,266 --> 00:38:25,967 A necessary thing. 835 00:38:27,769 --> 00:38:29,838 But you can't do it with me. 836 00:38:31,606 --> 00:38:33,142 Then I wanna change that. 837 00:38:34,643 --> 00:38:35,777 Ellie... 838 00:38:37,011 --> 00:38:38,513 if nothing else... 839 00:38:41,316 --> 00:38:45,420 please believe that my love for you is real. 840 00:38:58,200 --> 00:39:01,403 I hope you find what you're looking for. 841 00:39:12,081 --> 00:39:13,348 Goodbye, Mitchell. 842 00:39:14,249 --> 00:39:17,186 (music playing) 843 00:39:41,910 --> 00:39:44,846 (machine beeping) 844 00:39:44,879 --> 00:39:46,681 GAMBLE: Six years ago, I took my grandmother 845 00:39:46,715 --> 00:39:48,083 off life-support. 846 00:39:50,719 --> 00:39:53,122 I've regretted it ever since. 847 00:39:53,155 --> 00:39:55,090 WOMAN (over PA): Dr. Bullet to X-ray. 848 00:39:55,124 --> 00:39:56,791 Dr. Bullet to X-ray. 849 00:39:56,825 --> 00:39:58,927 You wondered if this is a life? 850 00:40:00,229 --> 00:40:01,696 Kelly, you and your husband 851 00:40:01,730 --> 00:40:04,099 created this life together. 852 00:40:06,335 --> 00:40:08,137 And although I can't even imagine 853 00:40:08,170 --> 00:40:11,206 how painful it must be to see what's happened, 854 00:40:13,108 --> 00:40:16,978 and to know she won't get much better, 855 00:40:17,011 --> 00:40:18,513 she's still your baby. 856 00:40:21,283 --> 00:40:23,185 The sickness and Dr. Taylor, 857 00:40:23,218 --> 00:40:25,320 this case... 858 00:40:25,354 --> 00:40:27,189 it almost cost you your daughter 859 00:40:27,222 --> 00:40:28,623 and your marriage. 860 00:40:30,392 --> 00:40:32,294 I don't know. 861 00:40:32,327 --> 00:40:33,362 Maybe too much has happened 862 00:40:33,395 --> 00:40:37,332 between you and your husband, but... 863 00:40:37,366 --> 00:40:38,867 well, at least try 864 00:40:38,900 --> 00:40:41,070 to get through it together. 865 00:40:44,173 --> 00:40:45,674 You deserve that. 866 00:40:49,644 --> 00:40:51,113 So does Mary Beth. 867 00:40:51,146 --> 00:40:54,083 (music playing) 868 00:41:15,637 --> 00:41:17,072 Good luck, Mr. Goss. 869 00:41:17,572 --> 00:41:20,509 (music playing) 870 00:42:11,493 --> 00:42:13,128 YOUNG: Next on The Practice. 871 00:42:13,162 --> 00:42:15,029 Mr. McIntyre, he was like an uncle to me. 872 00:42:15,064 --> 00:42:16,765 This man killed your father. 873 00:42:16,798 --> 00:42:18,100 I don't wanna sound flip 874 00:42:18,133 --> 00:42:19,201 but that isn't much of an uncle. 875 00:42:19,234 --> 00:42:21,203 CHARLES: I saw Mr. McIntyre's photo 876 00:42:21,236 --> 00:42:23,372 in the newspaper yesterday morning, 877 00:42:23,405 --> 00:42:26,108 he just isn't who I saw that night. 878 00:42:26,141 --> 00:42:27,742 You just screwed me over in this case. 879 00:42:28,110 --> 00:42:29,778 And if McIntyre walks because of it, 880 00:42:29,811 --> 00:42:32,214 I'm gonna take that very personally. 881 00:42:33,148 --> 00:42:34,849 They plead it down to a misdemeanor. 882 00:42:35,350 --> 00:42:37,119 You don't have to serve any time. 883 00:42:37,152 --> 00:42:38,720 You, you gave me a second life. 884 00:42:39,521 --> 00:42:41,190 Stay away from this kind of thing, okay? 885 00:42:41,223 --> 00:42:42,457 Yeah. Yeah. 886 00:42:42,991 --> 00:42:44,393 I got jammed up again. 887 00:42:44,426 --> 00:42:45,594 I'm really busy. 888 00:42:45,627 --> 00:42:47,762 Oh, I held up a convenience store. 889 00:42:49,964 --> 00:42:52,901 (music playing) 890 00:43:16,325 --> 00:43:17,326 WOMAN: You stinker! 63342

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