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Original subtitles

Reckless endangerment. Suspend time. Let's go home.

Funny. Excuse me?

I said, "funny." Come back with something then.

I did come back. With "funny"?

Funny. Helen.

Bobby. This man is not just a respected doctor. He's beloved.

Which makes his crime more offensive.

If he's a role model, I have to worry about the example he sets,

as well as the crime, which is murder, by the way.

You're never gonna get a murder conviction on this.

The Supreme Court even considered legalizing doctor-assisted suicides.

Not for long. 9-zip. You're in the ladies' room, by the way.

I'll win this. Bobby.

Helen. It would be inappropriate to hike up my skirt and bend over.

But if I did, you'd see a huge bug up my-- Helen.

Bobby.

What your guy committed was murder.

It's "pay the piper" time.

[ Line Ringing ]

[ Cell Door Opens, Closes ]

[ Sirens Wailing ]

Rebecca, pack the bag. We're going to trial.

She wouldn't take the plea? Bug up her ass. Where's Lindsay?

In with Mr. Malzone. Notify the witness. Call the client.

1:00? I can't believe it. She turned down manslaughter?

I can't go to jail. My wife don't work.

I got grandkids. I can't go to jail.

Mr. Malzone, if we don't take the deal and we lose, which we definitely will,

you're gonna go away for a lot longer.

I don't understand. He hasn't hurt anybody. Why do they wanna put him jail?

They don't really. They're going after some of the higher-ups, and they want Carl to help them.

[ Knocking ] Lindsay.

- My husband never hurt nobody. - Unfortunately, they don't care about that.

- I got grandkids. - Your friend Helen, how well do you know her?

- Why? - Why? Because she's taking a hard line on Dr. Richards.

Any other D.A. would plead this out, but she's pressing for at least murder two.

She's a conservative D.A. pretty much, but I don't know.

Maybe she's mad at you over losing the last one.

Yeah, that's what I'm afraid of. Anyway, I gotta steal Ellenor. Okay.

Oh, I can jump in. My desk is clear.

Yeah, thanks, Jimmy, but Ellenor's more up to speed on this.

Eugene, how'd you like to do the Malzone case with me?

The bookie? We lost the entrapment hearing.

Best we can chip it down to is 18 months, unless he agrees to turn state.

- I can jump in. - This is more Eugene.

Ellenor and I were thinking "United States of America." For a two-bit bookie?

It's all we got. Come on. I'll cover your child molester.

Oh, he jumped bail. Don't you start tomorrow?

Facts are simple. Completely guilty. We have absolutely no defense whatsoever.

- It's right up your alley. - Meaning?

Come on, Eugene. For your country?

And I repeated that I thought the dosage would be fatal.

[ Helen ] What did the defendant say then, Ms. MacKenzie?

He said, "Nurse, when I give you an instruction, it's not your function to question it."

What happened then? Well, I did question it, and I refused to do it.

I don't kill my patients. [ Groans ] Objection.

- Sustained. - [ Helen ] What happened next?

He stepped in and he turned up the morphine drip himself--

2,000 milligrams.

Three hours later, she was dead.

Did Dr. Richards say anything when he turned up the drip?

He said, "She's suffered enough, and it's time for God to take her."

Thank you, Ms. MacKenzie.

Mr. Donnell.

The patient suffered from ovarian cancer, isn't that right, Ms. MacKenzie?

It was morphine that killed her, not cancer.

Ma'am, I think we all understand that you're taking a position in this.

What I would like is for you to answer my questions without trying to be an advocate.

Is that fair? [ MacKenzie ] Yes.

- [ Bobby ] Fine. - Except one thing. I know what you lawyers do.

You're gonna try to beat up on me, and I'm telling you right now I won't take it.

So proceed against me at your own risk.

Ms. MacKenzie, I have a bladder the size of a small cashew.

Let's cut down the nonsense. Just answer his questions.

Jane Crewson's cancer was terminal, wasn't it?

- Yes. - And she was in considerable pain.

- That's true too, isn't it? - We don't go around killing everyone in pain, counsel.

There was a man in the next room screaming over a kidney stone.

Should we put him out of his misery?

Ma'am, that's Jane Crewson's family sitting right there.

That's her husband, her son and her two daughters.

Are you telling them that you equate her cancer with a kidney stone?

- I didn't say that. - Yeah, you did. That's exactly what you just did.

And if that's the sensitivity you lend to your patients,

then let's all add to this tragedy that on top of cancer...

Mrs. Crewson had a nurse with zero compassion!

- Objection! Objection! - This man did see her pain!

This man did see the difference between cancer and a kidney stone.

- Objection! - All right, quiet!

[ Clears Throat ] Ms. MacKenzie,

if you wanna fight the dog, I have no choice but to unleash him.

I suggest you answer the questions, and that's it.

Fine.

Jane Crewson... wanted...

to die, did she not?

She suffered from dementia.

[ Judge ] Now hold on. Do you feel...

that you really answered the question he just asked?

No, Your Honor. You hold on.

I beg your pardon?

The question assumed Jane Crewson's capacity to make a competent decision.

The witness correctly took issue with that assumption.

Ms. Gamble, take your seat.

Mr. Donnell, take yours. I'm not finished yet.

Indulge me.

At the risk of both parties moving for a mistrial,

which I won't grant,

let me save us all a lot of time.

The prosecution put this delightful personality up here...

to establish that the victim died...

as a result of the defendant turning up the morphine drip.

The defense doesn't dispute any of this.

There really was no point in Nurse MacKenzie even testifying...

other than to get in her condemnation.

To counter that condemnation, the defense wants to establish...

that the victim was terminal, in severe pain...

and that her family sitting there requested that she be allowed to die.

The prosecution doesn't dispute any of that.

You see, the facts being offered by this witness are a given.

This is all about presentation.

I just saved you a full day.

The problem is she got to make her presentation. I didn't get to make mine.

As if I care. I don't know what you're complaining about.

- I'm the one that got hurt. - What?

[ Judge Pratt ] How? You were hostile to my chief witness.

You basically discredited her. She was the hostile one.

- Give me a break. - Excuse me. Could I speak?

Your witness got to tell her story. I didn't get my cross. Maybe dismiss all witnesses...

and make the trial about you.

[ Judge Pratt ] Hey. You see what I'm talking about?

Here are my rules. We're gonna try this case with no crap.

No argumentative grandstanding.

None of that stuff you typically pull that makes people call you what they call you.

- Uh, what do they call us? - Lawyers.

We're gonna march into that room, and we're gonna try something new.

We are going to limit this case...

to this case.

[ Elevator Bell Dings ]

He's a blowhard. Big one.

Look, how could you not plead this? Because I can't.

So you'd rather lose? Yep.

Fine. You will. Fine.

Fine. Fine.

[ Lindsay ] You're prosecuting? [ Man ] Lucky me.

Chris and I used to date. Then lucky us. That's grounds for dismissal.

Right. Chris, come on. He's a small-time bookie.

And if he gives up the big-time bookie, he goes completely free.

You know that's not an option for him.

Mr. Kelton, this isn't the guy you want. He can't give you the guy you want.

And that sticks us all between a rock and a hard place...

with a case none of us want to try.

Kick this one and we'll owe you.

You'll owe me? Yes.

- Owe me what? - A favor.

Everything goes around here. One day you'll need a favor from us.

And when the time comes, think how relieved you'll be that we owe you.

That's not the way I operate, Mr. Young.

Mmm. One day you will.

Think I'll try the case.

Oh, that didn't work, Eugene. I didn't ask you to intimidate him.

I didn't, obviously.

[ Jimmy ] You think he's ever gonna give me a case? Excuse me?

Bobby.

I just sit around here countin' paper clips.

I-It's not like we ain't busy, Rebecca.

We got about a hundred cases.

I mean, that's like 15 per lawyer.

And how many per paper clip?

- Why won't he give me a case? - Jimmy, Bobby knows you're a good lawyer.

Right. Why won't he give me a case?

Why don't you think about it?

She didn't want her body and her mind to go on disintegrating.

She didn't want her children to see.

This was a very vibrant woman, a proud--

Was it her decision to die?

Yes.

And as her legal guardian, you concurred?

She was in pain.

There was no quality to her life anymore. She was slipping in and out of comas.

It was too hard on her. It was too hard on my children.

And when you approached Dr. Richards a-about--

What-What did he tell you?

He said that, legally speaking--

that... he couldn't euthanize her,

that all he was permitted to do was increase her pain medication,

but that the likely consequence of that would be that she would die.

And what did you say to that, sir?

Sir?

I said, "Do it."

It was a blessing.

She did suffer from dementia, right? Off and on.

Some days she'd be remarkably coherent.

She wanted to die.

Three months prior to her death,

you petitioned the court for guardianship, right? Yes.

You cited as a reason she was no longer mentally competent to make decisions in her life.

She was of clear mind in her wish to die.

I was married to her for 22 years. I would know.

I would know.

The court did find her mentally incompetent, isn't that correct, sir?

- That was a legal ruling. - Yes. And legally,

since she was in fact judged incompetent,

this had to be your decision to let her die.

Isn't that right, sir? Yes.

You spoke of your pain...

having to watch your wife deteriorate this way.

Would it be fair to say this pain was immense for you? It would be fair.

Have you ever been through anything more painful?

No.

I hate to ask this, sir,

but can we really be sure you were of sound mind through all this?

Let's make it quick. I'm a busy man.

Twenty times on the Patriots,

times two on the Steelers, Cowboys and Dolphins each,

10 times on the Raiders.

Detective, does that videotape accurately reflect the events of December 19, 1996?

It does. You placed bets with Mr. Malzone...

on national league football games?

I did.

Yours.

You actually put money on the Raiders?

Well, it wasn't about trying to win the bet, counsel.

Clearly.

[ Laughing ]

Did Mr. Malzone solicit you in any way to make these wagers...

- or did you go to him? - I went to him.

Part of a big sting to get big fish in a big organized gaming mob.

- Wasn't that it? - Basically.

And is this the fish you were looking to get, or were you looking to trade up?

The latter.

There's no point putting the daughter up. You don't know what I'll ask.

I know you'll be putting the law on trial.

Her testimony will go to the facts of this case.

It'll be a tearjerk fest, we all know that, with nothing relevant.

Say that to the jury. "Nothing relevant" to the daughter whose mother died of cancer.

That's exactly the type of pandering-- Quiet now.

I have a question. You ever talk?

Do I need to?

Look, the witness has no relevant testimony which goes to the issue.

I'd ask you to rule not from your heart but your head. I'd settle for your bladder.

Cute.

Look, she's right. This is a reach.

This is a criminal case.

- I should get some rope. - Don't hang yourself with it.

- I won't. - Short leash.

The daughter can testify.

The bladder crack cost you.

What?

You seem a little crisp.

Know what? All these murder trials we're gettin',

they started pourin' in after we got Gerald Braun off.

That made Bobby the hot lawyer in town for gettin' people off.

It all started with the Braun trial.

So? So it was my strategy.

I had the idea for jury nullification--

Same strategy he's usin' on this doctor trial.

So? So I shouldn't be treated like I'm some second-class lawyer.

You came here after getting fired from a bank for falsifying loan documents.

For this office. To help people here.

Last week you were arrested for picking up a hooker.

For which I was cleared. I was innocent.

Yeah. Details.

Jimmy, this is Boston.

Half of what you are as a lawyer is what the judge and other lawyers think of you.

Jimmy, right now they think you're a hack.

Bobby knows you're a good lawyer.

You have to lay low a little longer.

[ Sighs ]

I'd run some numbers-- small-time.

Football, boxing-- I usually do good.

Mr. Malzone, let's cut to it.

Do you work for a larger gaming organization?

Not really. I-I-I'm kind of retired.

They allow me to work to pick up some money.

Most of my clients are longtime friends.

So, who are the people you work for?

I can't tell you that. Why not, sir?

Because there's a code of loyalty.

These people have been loyal to me.

I stay loyal to them.

[ Stammers ] We're family.

And that's why you won't reveal their identity, because of loyalty?

That, and they'd kill me.

[ Laughs, Clears Throat ]

[ Lindsay ] He's so cute. Why can't you kick him?

Oh, 'cause it sends the wrong message to all the other cute bookies out there.

You bet on football, Chris. Come on.

[ Sighs ]

Okay. Tell you what.

This is unorthodox, but if you're willing to go for it--

What? One kiss.

Excuse me? Yeah, for old times' sake.

One kiss-- a good kiss-- the case melts away.

[ Laughs ]

Grow up. I'm serious.

Lips and deal have to stay sealed though.

You're serious? You'd actually kick this if I kissed you?

No. I'm not serious.

But you considered it. I saw it in your eyes. So why don't you just kiss me for free,

and then you don't have to think of yourself as for sale?

You just think you're too cool, don't you?

[ Laughs ] I can't drop the case. I've got marching orders.

What is up with your office? You're going after a small-time numbers guy,

prosecuting a doctor for turning up a morphine drip.

That's Gamble, not the office.

In fact, they suggested she pull back on that, and she refused.

- Really? Why? - You know her better than I do.

Blow! It is my birthday.

[ All ] Blow!

Oh! [ Ellenor ] That was four years ago?

Yes, her 45th.

Happy birthday.

I love you.

[ Woman ] That was about a week before she died.

[ Ellenor ] Julie, can you tell us a little bit about the day your mother passed away?

Well, she knew it was probably one of her last.

She wasn't completely alert.

But she could recognize all of us.

Can you talk about the last few hours?

Well, we had put up pictures--

large blown-up photographs all around the room.

Pictures of when we were little and so forth.

The, uh--

The doctor came in around noon, and we all had to, uh--

He wanted to make sure that we were all sure.

[ Ellenor ] We can take a break anytime you want.

No, I'm okay.

After he turned up the morphine,

we knew she had about an hour left of consciousness.

We all held hands.

My sister and I sang.

She used to love it when we--

We all held hands. We told her how much we loved her.

She told us how much she loved us.

And then she faded off into sleep.

Julie, the prosecution is trying to convict Dr. Richards of murder.

Yeah, which to me is sick.

My mother had a good death. It was peaceful.

I mean, she could've gone out with pain and bedsores,

and instead she died without hurt.

She died with her family there loving her.

And with her knowing that, it was a good death.

And I am so grateful, and so was my mother.

We put Dr. Richards up. That should be it. Where are we on Malzone?

Dead in the water. They got it on tape. Carl won't plead.

Well, you better make him plead.

Jimmy, everything okay?

Sure. I'm just sitting here doing nothing. It's my niche.

- Well, maybe we could talk about it later. - Oh, sure.

I can pencil "later" into my schedule.

Okay, Ellie, let's go. Make him take the plea.

The term we use for it is "managed death."

- Does that mean you cause the death? - No.

It means that faced with an inevitable death,

managing it to relieve suffering.

And in the case of Jane Crewson, that meant turning up the morphine drip?

Yes. To a potentially lethal dosage?

Yes.

- And the patient consented? - That's correct.

As did her family? Yes.

- Did you clear this decision with the hospital authorities? - No, I did not.

Really? Isn't this kind of a big thing, hastening a patient's death?

Of course it is. It is also a privacy issue.

Even so, you'd think the hospital might have something to say on this.

Well, I hate to be blunt to the point of sounding cold,

but if hospitals took time out to review every decision that was made...

to let a patient die, the system would choke.

[ Ellenor ] So you mean this goes on a lot?

Seventy percent of all deaths in hospitals...

are due to decisions to let the patient die.

[ Ellenor ] Seventy percent? Most deaths aren't that dramatic.

It's doctor and patient and family deciding it's time.

And in your medical opinion, sir, it was time for Jane Crewson?

No. The medical opinion was that all we could do...

was prolong her life with various treatments-- prolong her suffering.

Her personal decision, supported by her family, was that it was time.

Now, given the law against euthanasia, Doctor,

weren't you tempted to deny their request?

Again, the morphine drip was not meant to euthanize her.

It was meant to relieve pain.

But you did know that-- The likely result, yes.

But legally, I believe I stayed within bounds.

And morally, when a terminal patient in severe pain...

asks that she be allowed to die with a modicum of decency,

I listen.

And I listened to Jane Crewson.

Thank you.

I got it down to a year. That's pretty good, Carl.

A year in jail, at my age?

That could be a death sentence.

- It won't be a death sentence. - What will I do?

Mrs. Malzone, we have to consider the lesser of two evils.

What do you think, Eugene?

Well, it's tough. If you lose, you're looking at three to four.

This isn't even a close call. They had you on videotape.

It's your third time. The jury knows that.

Take the plea.

I wanna hear you say it.

- Let's roll the dice. - Eugene.

Could I speak to you in private a second? Excuse us.

Hey! Are you nuts?

I think we got a shot. With "United States of America"?

How? It was your idea.

Yes, because we're so desperate, it's malpractice not to take the plea.

I think I can win it. You can't.

I can. You know what?

This is-- This-- You're all goosed over the challenge.

Th-This is fun for you. You're not thinking of him.

This about how deep a hole you think you can jump out of. Hey.

No, you "hey." No, you "hey." You brought me in.

You asked me to try it. I think I can win it. In fact, I know I can.

Funny. I had planned to cross-examine you with,

"Hey, if we let you do it, what's to stop all the other doctors from doing it?"

But you said they're already doing it.

Seventy percent of all hospital deaths.

That's not my statistic. It comes from theJournal of the American Medical Association.

Yes, and you used that statistic to say you're right,

where I'd use it to say I'mright.

This is what happens when you let doctors start killing their patients.

- [ Bobby ] Objection. - Sustained.

Tell me, Doctor. I have a shooting homicide next week.

If the defendant correctly points out that the leading cause of death...

in teenage boys is gunshots,

should that excuse his pulling the trigger?

[ Together ] Objection. Sustained.

No, I'd like to respond. For you to equate what I did to a shooting homicide sickens me.

Well, if you're sick, please don't go to a doctor who's quick with the morphine.

- [ Bobby ] Objection! - Sustained. Please take your seat, Dr. Richards.

You seem impulsive. You make decisions on impulse?

- [ Together ] Objection! - The cashew beckons.

I'll see lawyers in chambers, please.

- What's going on? - What?

Attack dog isn't your style, Helen.

And you've looked ripe for a fight since we've started.

I don't know what you're talking about. Don't feed me that.

Both of you are too loaded for bear.

What am I missing? Nothing from me.

- Nothing from me. - Must be me.

Or not.

Aside from the fact that your hostility is borderline contempt, it's bad lawyering.

Tough to convince a jury of anything when they don't like ya.

Whatever's going on, dial it back.

[ Door Opens ]

More than words, seeing is believing.

Thanks to that videotape, you're all eyewitnesses.

You saw the defendant engage in illegal gaming activities.

Usually, I stand before the jury at the end, and I say, "Trust what I tell you."

Today, I'll only ask you to trust yourselves.

You saw it.

Better be good.

Most criminal trials, the key testimony comes from the victim.

Uh, but they didn't put a victim on the stand here, did they?

Because there is no victim.

Nobody to come forward to complain, "I've been hurt,"

because nobody got hurt.

Oh, they'll say, "Society suffered." "It's against public policy."

"Gambling is against who and what we are."

But that's a lie. Isn't it?

I mean, welove gambling.

I could run down the street right now and buy a lottery ticket.

Take a cab to Suffolk Downs, lay some money on a horse.

Hop on a plane to Las Vegas, Atlantic City.

Maybe even take one of those cruises with the big casinos on it.

Kathie Lee might even hug me.

- [ Laughing ] - Gambling is in the fabric of this country.

Even the word itself-- "The man gambled."

"He went for it." "He defied the odds." "He rolled the dice."

These are terms we use to describe heroes in this country-- Heroes.

This is America, and gambling is in our blood.

Now, what bothers me most about this trial,

is the blatant hypocrisy of it all.

'Cause we don't just tolerate gamblers in this country-- We breed them.

Flip open a sports page, and you'll see the morning line.

Turn on the tube to watch the NFL.

You got special commentators to give you the point spread, their picks,

and they'll help you make that bet, and that's on a Sunday.

We spend millions of dollars-- No, no. No, no, no.

Make that a billion dollars advertising lottos.

The government encourages you to bet. Massachusetts is in the business of gambling.

They use the lottery to raise money to lower your taxes.

And they're coming after him because he helped somebody put a nickel down on the Patriots.

The hypocrisy.

Now they're only going after Carl Malzone...

because they're trying to extort him to fork over somebody bigger.

And the gaming charge is the only card they have to play.

It stinks.

This man is a grandfather...

who's never hurt anybody.

And they're trying to put him in prison.

It stinks terrible. And not just because of what they're trying to do to him,

but because they're trying to do it here in this very room-- a courtroom--

a courtroom in the United States of America.

This is a forum for justice.

It is not a prosecutorial tool to extort people.

And if you let them do this here,

if you let them use our justice system as a weapon to oppress, then what's next?

What is next?

That's not what a courtroom is for,

not in the United States of America.

How many patients would you say you have on the average, Dr. Richards?

On average? Well, maybe a hundred.

A hundred. And did you know Jane Crewson more or less than the other hundred?

Maybe a little more, but my relationship with her was fairly typical.

- You weren't her primary physician? - No. I'm an oncologist.

Did you know what Jane Crewson did for a living?

Objection. I don't see the relevance in this.

I have to admit, counsel, I don't either.

I'm trying to get a sense of how well the doctor knew his patient.

He made a judgment that Jane Crewson was competent to make a pretty big decision here.

Legally, the decision was made by Mr. Crewson, since legally he was the appointed guardian.

Okay, fine. How well did you know Mr. Crewson?

- Objection. - No, no, no, no. Go ahead.

[ Helen ] Did you know Mr. Crewson more or less than you knew Jane?

- Less, obviously. - About how many hours in total did you spend with him?

I don't know. Less than 10?

Yes. Less than five?

I would say, over the various meetings, about five hours.

-Did you know he was in therapy? -No, but it doesn't surprise me, considering.

- You mean the pain and all? - Yes. His wife was dying.

Yes, I'm sure that could cause some emotional havoc, couldn't it?

- Of course. - And if a person were making serious decisions...

while in the middle of emotional instability--

- Objection. - Overruled.

It was my belief that Mr. Crewson was of completely sound mind.

Did you ever speak with his therapist? No.

- So you made this determination yourself? - Yes.

Based on your history with him going back five hours.

Objection. Objection. She's doing nothing but ridicule the witness.

Your Honor, this is the man that flipped the switch.

He's saying it was Jane Crewson's decision and her husband.

How well he knows these people is certainly relevant to his ability to judge...

their capacity for competence.

- I'm going to allow it. - What did you know of Mr. Crewson's insurance situation?

- Nothing. - Nothing?

Would it surprise you to know, had Jane Crewson continued to live,

it would have a worked a severe financial hardship on her husband?

- [ Together ] Objection. - Overruled.

- Your Honor. - I've ruled.

Did you ever make any attempt to examine Mr. Crewson's motives...

for wanting his wife to die?

I didn't have to. You didn't?

He says, "Time's up," and you just take his word for it?

Move to strike that. Overruled.

It's a nasty question, but it's a fair one.

[ Dr. Richards ] I weighed this man's capacity for competence as I did with Jane.

And I determined that they were able to make the decision.

Yes. And I suppose...

if a hospital were to stop and ask questions...

every time one family member wanted to kill another,

the system would choke.

[ Man ] Ms. Gamble-- No comment.

How much time-- Do you understand English? I said no comment.

- Haven't you said enough, Helen? - Please excuse me.

I won't excuse you. Bobby.

You went over the line. What office are you running for?

Get that mike out of my face. There's basic decency.

- Maybe you could show some. - They lost a person they love.

You go after 'em like criminals! Bobby, calm down.

- They are criminals! They murdered a woman! - Why don't you go to hell?

Mr. Donnell! Ms. Gamble!

[ Clamoring ]

What the hell is going on? I wasn't gonna let her get away with that.

You made a giant-sized ass of yourself with cameras clicking! Shut up!

Just shut up, Ellenor.

[ Sighs ] I'm sorry.

This may be an emotional case, Bobby,

but there is nothing-- nothing--to excuse what just happened out there...

and nothing to excuse you talking to me like that!

I apologize.

My God, Bobby. You'd think it was you on trial here.

Oh, hey. Verdict? Jury's coming in at 10:00. They deliberated 40 minutes.

- What do you think? - We might have a chance.

Eugene broke out the golden shovel. I heard that.

- How you doing? - He's about to get up.

What he'll say, who knows? He's just gone totally into orbit on this one.

Technically, I could argue he only acted to relieve pain.

It was just coincidental that she died.

But nobody's kidding anybody here about what's going on.

We are putting a law on trial here more than a man.

This is just as much about you and me as it is about him.

And I don't the district attorney will think me too out-of-bounds...

if I tell you--

[ Sighs ]

I knew a woman who was dying of cancer.

And when this cancer seeped into her brain,

she couldn't even recognize her husband,

her son.

She was only 61. She was dying,

in pain.

The doctor--

It was agreed that the respirator would be turned off--

should be turned off.

And he wouldn't do it.

It fell to the husband.

And the husband--

You see, he-- he just couldn't bring himself to do it.

So he asked his son.

And the son,

to spare both his dad and his mom,

reached out to end their suffering.

And his-his-his hand started to-- started to shake...

to the point where he-- he couldn't even feel that it was connected to his arm.

And he remembers thinking...

God has his hand now.

The hand, it finally did turn off the respirator.

And shortly after, his mother was at peace,

and the son--

The son was just--

He was just glad that the suffering was over.

And till this day, he knows he did the right thing.

But, uh,

also, to this day,

he wishes that he had a doctor like that one.

My mother said sometimes--

sometimes the hardest thing to do...

is an act of kindness.

My client, ladies and gentlemen,

is a very kind man.

The closing argument you just heard...

was wholly, totally objectionable.

The reason I didn't object is because I agree with the defense counsel...

that this trial is not just about Dr. Richards--

It's about all of us.

Mr. Donnell had a story. I'm sure we all do.

Sarah Washington Gamble, my grandmother.

Cause of death: Respiration failure brought on by the morphine drip.

She had Alzheimer's,

and she was suffering from both pain and dementia.

And according to her, the doctors and most of her family,

she wanted to die.

But she didn't.

See, I was the granddaughter that spent every summer with her,

the one who lived with her when I was in law school.

And though she said she wanted to die,

what she really felt was it was her duty.

She didn't wanna be a burden on her family anymore.

Sure as she said she wanted death,

as sure as I stand before you now,

she still wanted to live.

I know it.

See, the problem with going down this slope...

is you make suicide permissible, then acceptable,

then possibly in some people's minds the right thing to do.

You plant the idea with the elderly.

It's selfish to hang on, to cling to life,

exhausting financial resources,

having to make the children look at a sick person,

having to empty a bedpan.

It's selfish to impose that on someone you love.

I'm sure someday...

I'll meet someone I love as much as I loved my grandmother.

But for now,

I wish I could be emptying her bedpans.

She didn't have long in the end. I know.

But she had another day,

and probably another day after that one...

and after that one.

The doctor, he had no way of really knowing her.

He had possibly a hundred patients.

He was a very kind man.

But his act of kindness, it wasn't a blessing.

It hastened the death of a person I know wanted to cling...

just a little longer.

This trial is going to send a message.

I hope the message you send...

is there is a sanctity to life.

Let's not send the message that suicide,

or assisted suicide, is noble.

That message may cost you dearly.

You can trust me on that.

Will the defendant please rise.

The jury has reached a unanimous verdict?

We have, Your Honor. Let's have it.

[ Woman ] In the matter of theCommonwealth versus Carl Malzone...

on the charge of gaming prohibited under Chapter 269, Section 14,

we find the defendant not guilty.

- [ Sighs ] - [ Spectators Chattering ]

[ Judge Scannal ] The jury is dismissed with the thanks of the court.

[ Gavel Raps ] Thank you very much.

You're welcome.

You owe me. I owe you.

I'd like to thank you too as an American citizen.

- Hey, no problem. - And just to show you I'm a good sport.

You're lucky you didn't touch lip. I would've brought you up.

Your Honor. Counsel. Going down?

Well, you tell me.

Can I ask a question, at the risk of ex parte?

Sure.

Worst case scenario, I jail you. [ Elevator Bell Dings ]

You know, you let a lot in that had nothing to do with this case.

That depends on what you thought this case was about.

It was supposed to be about whether or not a defendant committed a crime, nothing more.

Yeah, well, you really think I should leave...

legislative policy up to the legislature?

The book on you is that you study up a little on your lawyers before they appear.

Yeah. Book got pictures?

You knew, didn't you? Bobby's mother? Gamble's grandmother?

- You knew. - All I knew was we'd have an exciting trial.

[ Pager Beeping ]

[ Elevator Bell Dings ] But I certainly never knew we'd have a verdict today.

Is this good?

I don't know.

Have you reached a verdict? We have, Your Honor.

Will the defendant please rise.

Read it to the court, please.

Commonwealth versus Dr. Henry Richards,

on the charge of murder in the second degree,

we find the defendant guilty.

[ Spectators Chattering ] I don't believe it.

- I don't believe it. - We got a lot of grounds. Quick deliberation is one.

[ Judge Pratt ] The jury's work is completed. You're done. You can go. We thank you.

Ask personal recognizance pending appeal, Your Honor.

Granted. We're adjourned.

[ Clamoring ]

[ Woman ] Doctor, will you make a statement?

Ten hours community service. No time.

She just told me no jail.

No jail.

Finally, a victory against jury nullification. Way to go, Helen.

Thanks. Good win, Helen. Great job.

Oh, yeah. Get out of here. [ Laughs ]

[ Sighs ]

[ Woman ] You stinker!

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