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[Jimmy] Previously on
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00:00:02,211 --> 00:00:03,629
Picket Fences ...
3
00:00:03,629 --> 00:00:06,215
The morphine
was turned up to 40 ccs
4
00:00:06,215 --> 00:00:08,675
with the full knowledge
that it would kill Harry.
5
00:00:08,675 --> 00:00:10,385
Which one of you did it?
6
00:00:10,385 --> 00:00:12,471
The morphine
was upped by your wife.
7
00:00:15,807 --> 00:00:17,768
Yes, I did it.
8
00:00:17,768 --> 00:00:20,020
[Littleton] Euthanasia is
illegal, Dr. Brock.
9
00:00:20,020 --> 00:00:22,856
Well, I certainly
know that, Mr. Littleton.
10
00:00:22,856 --> 00:00:25,526
But in cancer cases
with extreme suffering
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00:00:25,526 --> 00:00:27,986
we customarily increase
the morphine level
12
00:00:27,986 --> 00:00:30,072
in order to relieve
that suffering.
13
00:00:30,072 --> 00:00:32,532
You think I was wrong
to up the morphine?
14
00:00:33,700 --> 00:00:35,285
Yes.
15
00:00:35,285 --> 00:00:37,412
You actually want to
try this case?
16
00:00:37,412 --> 00:00:40,415
The attorney general
wants time served.
17
00:00:40,415 --> 00:00:43,001
We have to be a strong family.
18
00:00:43,001 --> 00:00:45,087
We have to stick together.
19
00:00:45,087 --> 00:00:47,756
[juror] We find the defendant,
Dr. Jill Brock...
20
00:00:47,756 --> 00:00:49,675
guilty as charged.
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00:00:54,638 --> 00:00:56,306
Two years,
that's my final offer.
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00:00:56,306 --> 00:00:58,141
She's a mother,
she's a law abiding‐‐
23
00:00:58,141 --> 00:00:59,268
She has
a manslaughter conviction.
24
00:00:59,268 --> 00:01:00,852
Come on, Warren,
25
00:01:01,353 --> 00:01:02,688
we're talking about
a reputable doctor, ex mayor,
26
00:01:03,230 --> 00:01:05,274
distinguished humanitarian
with extended community service.
27
00:01:05,274 --> 00:01:07,442
You've got your verdict,
you've made your point.
28
00:01:07,442 --> 00:01:11,863
But nothing, absolutely nothing
is served by the incarceration
of this woman.
29
00:01:11,863 --> 00:01:13,031
Two years.
30
00:01:14,950 --> 00:01:18,287
I don't think he likes it
that you talk fast.
31
00:01:18,287 --> 00:01:20,914
‐He won't budge.
‐He's actually going to
put me in jail?
32
00:01:20,914 --> 00:01:22,457
No, he is not.
33
00:01:22,666 --> 00:01:24,835
Plan B, court was just
called in session, let's go.
34
00:01:30,882 --> 00:01:33,427
I'll hear from the defense
first on sentencing.
35
00:01:33,427 --> 00:01:35,429
We don't want to be heard
on sentencing.
36
00:01:35,596 --> 00:01:38,432
‐We ask that Your Honor
set aside the verdict.
‐[Judge] What?
37
00:01:38,432 --> 00:01:42,853
On grounds that the law against
physician‐assisted suicide
is unconstitutional.
38
00:01:42,853 --> 00:01:45,022
Your Honor's already made
that ruling two years ago
39
00:01:45,022 --> 00:01:46,732
with the singing
serial killer nun.
40
00:01:46,732 --> 00:01:50,235
‐Excuse me, the what?
‐And since that ruling,
41
00:01:50,235 --> 00:01:55,157
a federal appeals
court in Washington
has followed your lead.
42
00:01:55,157 --> 00:01:59,286
They have declared
that the law
against assisting suicide
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00:01:59,286 --> 00:02:01,580
is a violation
of a fundamental right
to privacy.
44
00:02:01,580 --> 00:02:04,291
Your Honor,
this is a sentencing hearing.
45
00:02:04,291 --> 00:02:07,544
We don't raise
constitutional appeals
at sentencing hearings.
46
00:02:07,544 --> 00:02:08,962
Things go
a little differently
around here.
47
00:02:08,962 --> 00:02:10,714
This is a sentencing hearing.
48
00:02:10,714 --> 00:02:12,758
‐He repeats himself, Judge.
‐Shut up.
49
00:02:12,758 --> 00:02:14,343
Will you be quiet?
50
00:02:14,551 --> 00:02:17,179
[Judge] Defense Counsel
raises a point, Mr. Grier.
51
00:02:17,179 --> 00:02:19,139
If the law Jill Brock violated
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00:02:19,139 --> 00:02:21,933
is a law that should be
tossed out while‐‐
53
00:02:21,933 --> 00:02:23,143
Your Honor,
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00:02:24,519 --> 00:02:26,813
I admit I am new
to this courtroom
55
00:02:26,813 --> 00:02:29,149
and have yet to grasp
all the idiosyncrasies
56
00:02:29,149 --> 00:02:31,360
that make this forum
like no other.
57
00:02:31,360 --> 00:02:33,570
But it is not the province
of a state court judge
58
00:02:33,570 --> 00:02:36,615
to be invalidating laws
on constitutional grounds.
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00:02:36,615 --> 00:02:40,494
‐Why not?
‐Because it just isn't done
on a superior court level.
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00:02:42,663 --> 00:02:46,458
Mr. Grier, the defendant
is a friend of mine.
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00:02:46,458 --> 00:02:49,586
Now, I'll be a fair judge.
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00:02:49,586 --> 00:02:52,255
I'll rule according to the law.
63
00:02:52,255 --> 00:02:56,927
But I see no need to subject her
to a lengthy and costly
appellate process
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00:02:56,927 --> 00:02:59,262
if we can deal with the issue
right here.
65
00:02:59,262 --> 00:03:01,640
Your Honor,
you‐‐you cannot do this.
66
00:03:01,640 --> 00:03:03,517
Oh, but I can.
67
00:03:03,517 --> 00:03:07,312
Tomorrow, the law
against euthanasia
goes on trial.
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00:03:07,312 --> 00:03:10,816
It goes on trial here.
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00:03:10,816 --> 00:03:12,234
Until then...
70
00:03:19,700 --> 00:03:20,784
Get out.
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00:03:22,786 --> 00:03:24,788
[theme music playing]
72
00:04:21,261 --> 00:04:23,180
[theme music ends]
73
00:04:27,142 --> 00:04:30,687
This is a dream.
To argue this issue
in front of Judge Henry Bone.
74
00:04:30,687 --> 00:04:33,607
There isn't a jurist anywhere
more sympathetic to
doctor‐assisted suicide.
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00:04:33,607 --> 00:04:35,776
This isn't exactly feeling
like a dream, Mr. Dell.
76
00:04:35,776 --> 00:04:37,944
Try to control
your goosebumps a little.
77
00:04:37,944 --> 00:04:40,405
I don't enjoy being a test case
as much as you do.
78
00:04:40,405 --> 00:04:43,950
‐Honey...
‐Look at these news trucks
pulling in.
79
00:04:43,950 --> 00:04:46,912
That's only because
you're better looking
than Kevorkian.
80
00:04:46,912 --> 00:04:49,498
‐You're Dr. Death with dress.
‐What?
81
00:04:49,498 --> 00:04:51,166
I won't say it in court.
82
00:04:52,876 --> 00:04:55,045
Jill, don't worry, we...
83
00:04:55,045 --> 00:04:57,672
You keep saying that,
"Don't worry, don't worry."
84
00:04:57,672 --> 00:04:59,841
I'm still looking at
going to jail.
85
00:05:01,468 --> 00:05:04,012
‐I'm worried.
‐Look, Jill...
86
00:05:04,012 --> 00:05:06,681
‐We will win this.
‐Suppose you don't?
87
00:05:11,812 --> 00:05:13,814
‐What's this?
‐A swan.
88
00:05:13,980 --> 00:05:16,775
‐Dead, dirty and heavy.
‐Well, what do you want me to
do?
89
00:05:16,775 --> 00:05:19,361
It's the third one we found
like this, can you autopsy it?
90
00:05:19,361 --> 00:05:22,656
‐Autopsy a swan?
‐I could take it to the vet.
91
00:05:22,656 --> 00:05:25,033
But they don't got
investigational skills,
92
00:05:25,033 --> 00:05:27,702
you're like a detective.
93
00:05:27,702 --> 00:05:30,497
‐Where'd you find him?
‐In the public gardens
where they live.
94
00:05:30,497 --> 00:05:34,125
He looks pretty beat up,
I think somebody murdered him.
95
00:05:34,125 --> 00:05:37,295
This is a justifiable
use of tax dollars,
using a medical examiner for...
96
00:05:37,295 --> 00:05:40,799
It's a swan, people shouldn't be
killing a beautiful swan.
97
00:05:43,009 --> 00:05:47,973
The Supreme Court has held
that for deeply personal choices
98
00:05:47,973 --> 00:05:50,642
those decisions are protected
by the Constitution
99
00:05:50,642 --> 00:05:52,394
against government intrusion.
100
00:05:52,394 --> 00:05:54,020
The Supreme Court has
never ruled
101
00:05:54,020 --> 00:05:55,522
on physician‐assisted suicide.
102
00:05:55,522 --> 00:05:57,065
Not directly.
103
00:05:57,399 --> 00:05:59,568
But it held that competent,
terminally ill people
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00:05:59,568 --> 00:06:01,862
can refuse
unwanted medical treatment.
105
00:06:01,862 --> 00:06:04,573
There's a big difference
between refusing
medical treatment
106
00:06:04,573 --> 00:06:06,533
and active euthanasia, Mr. Dell.
107
00:06:06,533 --> 00:06:09,035
Oh, come on, Counsel,
what's the real difference?
108
00:06:09,035 --> 00:06:12,080
If the refusal of treatment
means the patient dies,
109
00:06:12,080 --> 00:06:15,000
how's that different
from giving him morphine?
110
00:06:15,000 --> 00:06:17,836
‐[Judge] Both acts kill him.
‐To say, "Okay,
111
00:06:17,836 --> 00:06:19,713
we won't postpone
the inevitable,
112
00:06:19,713 --> 00:06:21,590
let's not prolong
the suffering."
113
00:06:21,590 --> 00:06:24,551
and to turn off a respirator,
that's one thing.
114
00:06:24,551 --> 00:06:28,138
It's quite something else
to inject a patient
to cause death.
115
00:06:28,138 --> 00:06:31,182
That's just a pile of crap,
I'm sorry.
116
00:06:31,182 --> 00:06:34,519
Under the current law, it's okay
to shut off a nutrition tube
117
00:06:34,519 --> 00:06:36,688
and let a patient die,
but it's not okay
118
00:06:36,688 --> 00:06:39,941
to let him go humanely
and peacefully with a drug.
119
00:06:39,941 --> 00:06:41,359
How do you justify that?
120
00:06:41,443 --> 00:06:43,528
I justify it by saying the state
has an interest
121
00:06:43,528 --> 00:06:45,572
against suicide.
122
00:06:45,780 --> 00:06:49,367
We have an interest
in the continued suffering
of dying patients?
123
00:06:49,367 --> 00:06:53,038
What about the depressed man
who just lost his job?
124
00:06:53,038 --> 00:06:55,540
The soccer player
who loses his leg?
125
00:06:55,540 --> 00:06:58,835
They could be competent people
who also choose to die.
126
00:06:58,835 --> 00:07:01,296
Do we just give them morphine
and say, "Nice knowing you"?
127
00:07:01,296 --> 00:07:04,674
‐That isn't this case.
‐But it's very much the danger
posed by this case.
128
00:07:04,674 --> 00:07:06,593
Where do you draw the line?
129
00:07:06,593 --> 00:07:09,137
many Alzheimer's patients
want to die
before dementia begins.
130
00:07:09,137 --> 00:07:11,765
We're all familiar with
the slippery slope argument.
131
00:07:11,765 --> 00:07:14,768
Once you start letting someone
do it, next thing, we'll have
fast food restaurants
132
00:07:14,768 --> 00:07:16,728
dispensing barbiturates
at the drive‐thru.
133
00:07:16,728 --> 00:07:17,854
It's a very lovely theory.
134
00:07:17,854 --> 00:07:19,105
Please don't trivialize...
135
00:07:19,356 --> 00:07:21,441
Everything you say
goes to policy.
136
00:07:21,441 --> 00:07:25,195
But a court has to
stay focused on rights.
137
00:07:25,195 --> 00:07:27,697
Legal rights.
138
00:07:27,697 --> 00:07:31,117
And I repeat,
the Supreme Court has held
139
00:07:31,117 --> 00:07:34,037
that for profoundly
personal decisions,
140
00:07:34,037 --> 00:07:36,498
for matters that go
to an individual's autonomy,
141
00:07:36,498 --> 00:07:38,166
to his human dignity,
142
00:07:38,416 --> 00:07:42,379
for those cases, the message
to the state is: butt out.
143
00:07:42,379 --> 00:07:44,839
And I submit:
what could be
closer to the heart
144
00:07:44,839 --> 00:07:46,341
of personal liberty
145
00:07:46,341 --> 00:07:48,802
than the decision
by a terminally ill
146
00:07:48,802 --> 00:07:51,054
suffering person to decide,
147
00:07:51,054 --> 00:07:53,056
"I've had enough,
I don't want to live anymore."
148
00:07:53,056 --> 00:07:56,017
I don't dispute Mr. Fenwick's
right to make that decision,
149
00:07:56,017 --> 00:07:58,144
I take issue
with her killing him.
150
00:07:58,144 --> 00:07:59,688
[Franklin] That's
an unconscionable distinction.
151
00:07:59,688 --> 00:08:01,398
It's okay for him
to kill himself,
152
00:08:01,564 --> 00:08:03,608
but it's wrong for a physician
to make it more humane.
153
00:08:03,608 --> 00:08:06,528
It's wrong for her
to make it easier.
154
00:08:06,528 --> 00:08:09,406
If we let doctors jump in
and facilitate suicide,
155
00:08:09,406 --> 00:08:12,200
we tacitly endorse it
as an acceptable thing.
156
00:08:12,200 --> 00:08:14,077
‐That's wrong.
‐Oh, that's right.
157
00:08:14,077 --> 00:08:16,246
Suicide should remain
a disgrace.
158
00:08:16,246 --> 00:08:18,415
Yes, it should.
159
00:08:18,623 --> 00:08:23,169
If we de‐stigmatize it,
we make it more imaginable,
more conceivable.
160
00:08:23,169 --> 00:08:25,839
What if that court's ruling
caused somebody out there
to think,
161
00:08:25,839 --> 00:08:28,758
"Hey, suicide is noble."
162
00:08:28,758 --> 00:08:30,969
What if that court's ruling
made somebody you love
163
00:08:30,969 --> 00:08:32,721
to put a gun to their head,
164
00:08:32,721 --> 00:08:36,141
‐Maybe...
‐Hey, you're out of order!
165
00:08:36,141 --> 00:08:38,643
I should hold you in contempt!
166
00:08:38,643 --> 00:08:42,731
‐What did I say?
‐If a person puts a gun
to his head, that's insanity.
167
00:08:42,731 --> 00:08:45,692
It has no bearing on...
It's insanity!
168
00:08:57,579 --> 00:09:01,082
We're adjourned until tomorrow.
169
00:09:08,673 --> 00:09:10,759
‐[door slams]
‐You were right.
170
00:09:11,259 --> 00:09:13,928
‐That swan didn't die of natural
causes, it was beaten to death.
‐I knew it.
171
00:09:13,928 --> 00:09:15,513
And we're not talking about
a couple of whacks,
172
00:09:15,513 --> 00:09:17,515
it was struck more
than a hundred times.
173
00:09:17,515 --> 00:09:19,225
Uh, what's going on?
174
00:09:19,559 --> 00:09:21,770
We've had some swans killed,
I asked Carter autopsy one.
175
00:09:22,062 --> 00:09:24,647
This was a mute swan, female,
she may have been killed
for her eggs.
176
00:09:24,647 --> 00:09:26,399
They're worth about $1,000
on the black market.
177
00:09:26,399 --> 00:09:27,734
Swan eggs?
178
00:09:27,734 --> 00:09:29,027
This is a special swan,
179
00:09:29,235 --> 00:09:30,195
extremely protective
of her offspring,
180
00:09:30,195 --> 00:09:31,446
that's why she's dead.
181
00:09:31,696 --> 00:09:32,864
Poachers usually have
to kill the mother
182
00:09:33,364 --> 00:09:34,491
before they can even get close
to the eggs.
183
00:09:34,491 --> 00:09:35,950
So, a poacher beat it to death?
184
00:09:36,117 --> 00:09:37,702
[sighs] The weapon appeared
to be wood,
185
00:09:38,036 --> 00:09:40,038
but I also dug out
some tiny fragments
of fiberglass.
186
00:09:40,455 --> 00:09:42,916
‐Where are the other two?
‐We buried them, but they looked
just the same as this one.
187
00:09:42,916 --> 00:09:45,794
It's either poachers
after the eggs or we've got
a serial swan killer,
188
00:09:45,794 --> 00:09:47,128
‐either way, this is big.
‐[Jimmy sighs]
189
00:09:48,171 --> 00:09:49,506
I should be deputized.
190
00:10:02,685 --> 00:10:06,189
You, you don't have to be
the judge on every case, Henry.
191
00:10:06,189 --> 00:10:07,941
Maybe this one
strikes too close.
192
00:10:08,274 --> 00:10:11,611
This case has nothing to do
with anything personal to me.
193
00:10:11,611 --> 00:10:14,906
Oh, yeah, I could see by
the little tantrum you threw
194
00:10:14,906 --> 00:10:17,575
which was probably just
an outburst of objectivity.
195
00:10:17,575 --> 00:10:19,661
This is an
ex parte communication.
196
00:10:19,661 --> 00:10:22,497
‐This conversation
is out of line.
‐Henry,
197
00:10:22,497 --> 00:10:26,417
if you can't separate this
from your own tragedy,
198
00:10:26,417 --> 00:10:27,794
you shouldn't be the judge.
199
00:10:27,794 --> 00:10:28,920
I will rule
200
00:10:28,920 --> 00:10:31,548
as the law tells me to rule.
201
00:10:31,548 --> 00:10:32,882
The law will control.
202
00:10:45,186 --> 00:10:47,230
I just can't believe
that anybody would kill a swan.
203
00:10:48,815 --> 00:10:50,900
Maybe it was suffering.
204
00:10:50,900 --> 00:10:52,986
Maybe it was mercy killing.
205
00:10:52,986 --> 00:10:55,822
Please, Zachary,
just eat your dinner.
206
00:10:55,822 --> 00:10:59,242
‐Yeah, eat it.
‐And you just be quiet
if you don't mind.
207
00:11:05,165 --> 00:11:07,083
What?
208
00:11:07,083 --> 00:11:08,918
Is there a problem?
209
00:11:09,210 --> 00:11:11,713
‐Problem? No.
‐You're looking at me
like there's a problem.
210
00:11:12,797 --> 00:11:16,050
[sighs] There's no problem.
211
00:11:16,050 --> 00:11:19,220
Kimberly, I know that you
think what I did was wrong,
212
00:11:19,220 --> 00:11:22,640
but I would appreciate it
if you wouldn't punish me,
this has been tough enough.
213
00:11:24,767 --> 00:11:26,686
Zack, can you pass
the spinach, please?
214
00:11:26,686 --> 00:11:29,606
I appreciate all your support.
215
00:11:29,606 --> 00:11:30,732
Oh, grow up.
216
00:11:31,649 --> 00:11:33,026
What did you say?
217
00:11:33,359 --> 00:11:34,360
‐Can we just have dinner?
‐[Jill] No, no, no.
218
00:11:34,777 --> 00:11:35,653
If she's got something
to say to me,
219
00:11:36,237 --> 00:11:37,405
I would really enjoy
hearing about it.
220
00:11:41,618 --> 00:11:44,454
What do you think it's like
to go to school these days?
221
00:11:44,454 --> 00:11:48,583
How do you think Zack feels
hearing the whispers?
222
00:11:48,583 --> 00:11:51,461
And what about Matthew
having to hand a note
to his principal
223
00:11:51,461 --> 00:11:53,713
saying "Please excuse me
from my gym class,
224
00:11:53,713 --> 00:11:56,341
but I have to attend
my mother's manslaughter trial"?
225
00:12:01,387 --> 00:12:04,349
I know this hasn't been easy
for any of you.
226
00:12:04,349 --> 00:12:07,435
Did you consider that
before you upped
Mr. Fenwick's morphine?
227
00:12:07,435 --> 00:12:09,687
‐Kimberly.
‐Did you stop to think
228
00:12:09,687 --> 00:12:13,024
‐that there may be
consequences for us?
‐[Jimmy] That's enough.
229
00:12:15,401 --> 00:12:18,363
I'm sorry,
but you brought this on, Mom.
230
00:12:19,822 --> 00:12:21,366
And we are just
trying to survive it.
231
00:12:21,366 --> 00:12:23,660
We survive by sticking together.
232
00:12:26,204 --> 00:12:27,956
We told you this was
gonna be hard,
233
00:12:27,956 --> 00:12:29,916
it's hard, damn it.
234
00:12:33,711 --> 00:12:35,171
We stay together.
235
00:12:45,974 --> 00:12:47,267
Eat.
236
00:13:02,282 --> 00:13:03,574
I'm sorry.
237
00:13:05,368 --> 00:13:06,494
I'm sorry.
238
00:13:09,080 --> 00:13:11,332
I'm sorry.
239
00:13:11,332 --> 00:13:12,959
If you don't feel like
I'm supporting you,
240
00:13:12,959 --> 00:13:14,752
then I just
have to try harder.
241
00:13:14,752 --> 00:13:17,755
No, I‐‐I don't know if I'm...
242
00:13:17,755 --> 00:13:20,383
I'm so on edge because...
243
00:13:20,383 --> 00:13:22,176
I'm afraid of going to jail
244
00:13:22,176 --> 00:13:27,015
or just because I'm afraid
what I did was wrong.
245
00:13:27,015 --> 00:13:31,185
And I suppose it would be
easier to think that you
believed what I did was right.
246
00:13:34,314 --> 00:13:36,024
I'm not saying I don't.
247
00:13:36,983 --> 00:13:38,443
I just don't know.
248
00:13:39,319 --> 00:13:40,361
Yeah.
249
00:13:44,032 --> 00:13:45,366
I do love you.
250
00:13:47,076 --> 00:13:48,327
You know that.
251
00:13:50,538 --> 00:13:51,914
Yeah,
252
00:13:53,166 --> 00:13:54,375
I do.
253
00:13:55,835 --> 00:13:57,962
‐He can't call a witness.
‐Why not?
254
00:13:57,962 --> 00:14:01,215
Because this is an argument
on the constitutional viability
of a law.
255
00:14:01,215 --> 00:14:03,134
It is not
an evidentiary hearing.
256
00:14:03,384 --> 00:14:06,387
One of the ways we evaluate
the constitutional basis
of the law
257
00:14:06,387 --> 00:14:08,806
is to examine its application.
258
00:14:08,806 --> 00:14:11,184
Cynthia Addelson
is from Portland, Oregon.
259
00:14:11,184 --> 00:14:13,561
Her husband died
from physician‐assisted suicide.
260
00:14:13,561 --> 00:14:16,981
‐This case has nothing to do
with Cynthia Addelson.
‐Your Honor,
261
00:14:16,981 --> 00:14:18,649
It's fine for lawyers
to get up here
262
00:14:18,649 --> 00:14:20,902
and pontificate on legal theory,
263
00:14:20,902 --> 00:14:23,946
but the guts of any law
is "How does it work?"
264
00:14:23,946 --> 00:14:26,115
If a lay witness
helps answer that question‐‐
265
00:14:26,115 --> 00:14:28,618
Objection! This is just
an attempt to be inflammatory.
266
00:14:28,618 --> 00:14:31,287
That's a jury objection,
we're doing this before a judge.
267
00:14:31,287 --> 00:14:33,873
And I reiterate,
this is an argument of law,
268
00:14:33,873 --> 00:14:36,167
it is not
an evidentiary proceeding!
269
00:14:36,167 --> 00:14:37,502
I'll hear the witness.
270
00:14:37,502 --> 00:14:39,420
I strenuously object!
271
00:14:39,420 --> 00:14:41,672
Oh? "Strenuously"?
272
00:14:43,841 --> 00:14:45,176
Call the witness.
273
00:14:46,636 --> 00:14:50,640
[indistinct murmuring]
274
00:14:51,641 --> 00:14:53,851
‐Hockey sticks!
‐What?
275
00:14:53,851 --> 00:14:56,813
The fiberglass fragments
match the kind of coating
used on the blades.
276
00:14:56,813 --> 00:14:58,648
Plus they found traces
of black friction tape,
277
00:14:58,981 --> 00:15:00,650
‐the kind use‐‐
‐The swan was killed
with a hockey stick?
278
00:15:00,650 --> 00:15:02,318
Sticks, plural.
279
00:15:02,485 --> 00:15:04,362
There were multiple samples
of different kinds of fiberglass
280
00:15:04,362 --> 00:15:05,696
and different brands of tape!
281
00:15:05,863 --> 00:15:07,031
So we're looking
at more than one stick.
282
00:15:07,365 --> 00:15:09,283
I think we have
a hockey team gang!
283
00:15:09,283 --> 00:15:11,619
Don't mock me!
You're mocking me with a look.
284
00:15:11,619 --> 00:15:13,329
We know the kind of savages
who play hockey!
285
00:15:13,329 --> 00:15:15,081
I tried the game once,
they bit me, and Joey Milan
286
00:15:15,081 --> 00:15:16,958
was seen hanging around
the swan pond!
287
00:15:16,958 --> 00:15:20,044
He plays hockey!
Stop with the mocking look!
288
00:15:20,044 --> 00:15:22,463
‐Joey Milan is a prime suspect!
‐All right, all right.
I'll pick up Joey Milan.
289
00:15:22,463 --> 00:15:24,590
[flapping wings]
290
00:15:24,590 --> 00:15:26,467
What's with him?
291
00:15:26,467 --> 00:15:29,762
[Carter]
Mute swans mate for life.
292
00:15:29,762 --> 00:15:31,973
Now this here is the partner
of the one I autopsied.
293
00:15:31,973 --> 00:15:34,892
Now these birds are also
very, very aggressive
294
00:15:34,892 --> 00:15:37,603
when threatened. That's why
poachers have to kill them
to get to their eggs.
295
00:15:37,603 --> 00:15:39,272
‐So?
‐So,
296
00:15:39,438 --> 00:15:42,275
I think this swan will tell us
who killed his mate!
297
00:15:42,275 --> 00:15:45,236
Again with the mocking look!
This is an intelligent bird!
298
00:15:45,236 --> 00:15:46,696
[honks]
299
00:15:47,363 --> 00:15:49,574
If it sees the attacker,
he'll let us know. He will!
300
00:15:49,574 --> 00:15:52,743
We're gonna help you, Bob.
His name's Bob.
301
00:15:54,620 --> 00:15:56,330
Together, we're gonna
catch the bad guy!
302
00:15:56,330 --> 00:15:58,374
‐[thud]
‐Ooh!
303
00:15:58,374 --> 00:16:00,334
‐[swan honking]
‐[whimpers]
304
00:16:04,797 --> 00:16:06,674
Carl had emphysema.
305
00:16:08,384 --> 00:16:12,138
By the end he always felt
that he was suffocating.
306
00:16:12,138 --> 00:16:16,559
And he had this
pulmonary disease, which...
307
00:16:16,559 --> 00:16:20,021
Well, you know, because of
the bad blood flowing,
308
00:16:20,021 --> 00:16:23,024
he had pain in his arms
and his legs.
309
00:16:23,024 --> 00:16:24,984
‐He was terminal?
‐Yes.
310
00:16:26,611 --> 00:16:29,947
And at some point, you,
he, and your doctor,
311
00:16:29,947 --> 00:16:32,742
discussed turning up
the morphine?
312
00:16:32,742 --> 00:16:34,452
Yes, hmm.
313
00:16:34,452 --> 00:16:37,121
How did you come
to discuss this Mrs. Addelson?
314
00:16:37,121 --> 00:16:40,958
Well, Carl, he knew about it,
because‐‐ well, you know, it's‐‐
315
00:16:40,958 --> 00:16:44,420
it became a law in Oregon,
and, uh...
316
00:16:44,420 --> 00:16:47,089
so he asked the doctors
about it.
317
00:16:47,089 --> 00:16:48,549
[Warren] What did you think?
318
00:16:48,799 --> 00:16:50,635
[Mrs. Addelson]
Well, I was against it at first,
319
00:16:52,053 --> 00:16:54,263
but then, he convinced me
320
00:16:54,263 --> 00:16:56,682
that he didn't want
to live anymore.
321
00:16:56,682 --> 00:16:59,936
He was in pain, and...
322
00:16:59,936 --> 00:17:04,565
he had to be hooked up
to this tank, in order
to breathe, and...
323
00:17:04,565 --> 00:17:07,860
he wanted to die
with some dignity, and...
324
00:17:09,779 --> 00:17:13,199
I couldn't really disagree
with that.
325
00:17:13,199 --> 00:17:14,909
And, Mrs. Addelson...
326
00:17:16,827 --> 00:17:19,705
you're convinced that
your husband was
of competent mind,
327
00:17:19,705 --> 00:17:21,582
when he decided
to terminate his life?
328
00:17:21,582 --> 00:17:24,710
Oh, yes, yes,
he was quite competent!
329
00:17:24,710 --> 00:17:27,296
‐He was too competent.
‐What do you mean by that?
330
00:17:27,296 --> 00:17:31,259
Well, the idea that he was not
of service to his family
331
00:17:31,259 --> 00:17:33,261
was hateful to Carl.
332
00:17:33,261 --> 00:17:35,388
And I think that...
333
00:17:35,388 --> 00:17:37,765
when he heard about that law,
334
00:17:37,765 --> 00:17:41,852
and when he read about all those
other elderly people who were...
335
00:17:41,852 --> 00:17:43,396
terminating their lives,
336
00:17:43,396 --> 00:17:45,982
so that they would not be
a financial
337
00:17:45,982 --> 00:17:47,567
and emotional burden
on their families,
338
00:17:47,567 --> 00:17:51,404
I think Carl, or a part of Carl,
339
00:17:51,404 --> 00:17:53,030
came to believe that, uh...
340
00:17:54,240 --> 00:17:56,075
it was the right thing to do.
341
00:17:56,075 --> 00:17:59,954
That a good father,
or a good husband,
342
00:17:59,954 --> 00:18:03,124
that's what they would do.
343
00:18:03,124 --> 00:18:07,461
Now, do you think,
that this new law in Oregon,
344
00:18:07,461 --> 00:18:10,965
the one that allows for
physician‐assisted suicide,
345
00:18:10,965 --> 00:18:13,259
do you think it played a part
in Carl's decision
346
00:18:13,259 --> 00:18:14,635
to end his life?
347
00:18:16,304 --> 00:18:18,055
Not directly, but...
348
00:18:19,265 --> 00:18:21,892
indirectly, yes.
349
00:18:21,892 --> 00:18:27,440
And that law made suicide
one of the acceptable options.
350
00:18:27,440 --> 00:18:30,693
And, added to that,
if a doctor comes in
351
00:18:30,693 --> 00:18:33,321
and tells you that
he's gonna help you die...
352
00:18:35,197 --> 00:18:39,410
I just think that
Carl came to believe that...
353
00:18:39,410 --> 00:18:42,371
he should die.
354
00:18:42,371 --> 00:18:44,206
That he would be less
of a family man
355
00:18:44,206 --> 00:18:46,250
if he chose to go on living.
356
00:18:48,502 --> 00:18:50,588
[Warren]
Thank you, Mrs. Addelson.
357
00:18:50,588 --> 00:18:53,591
I know that this testimony
has been very difficult.
358
00:18:57,386 --> 00:18:59,388
[person clears throat]
359
00:19:05,436 --> 00:19:06,812
I didn't kill any swan.
360
00:19:06,812 --> 00:19:08,856
You were seen
near the pond, Joey!
361
00:19:09,190 --> 00:19:11,525
You play hockey,
the birds were killed
with hockey sticks.
362
00:19:11,525 --> 00:19:12,943
Are you telling the truth?
363
00:19:14,779 --> 00:19:16,447
Yes.
364
00:19:16,989 --> 00:19:19,492
‐Joey, could you look
at the swan please?
‐Carter.
365
00:19:21,661 --> 00:19:23,287
Just look him in the eye
for a second.
366
00:19:24,372 --> 00:19:25,539
Please?
367
00:19:27,792 --> 00:19:28,876
Look at him, Joey.
368
00:19:33,381 --> 00:19:34,382
[swan honking]
369
00:19:39,261 --> 00:19:43,307
‐Why is he looking at me
like that?
‐[Carter] Joey...
370
00:19:43,307 --> 00:19:46,602
that hockey stick beside you,
I want you to slowly pick it up.
371
00:19:46,602 --> 00:19:48,896
‐Do I have to?
‐Yes.
372
00:19:48,896 --> 00:19:49,980
Pick up the stick.
373
00:19:55,277 --> 00:19:56,654
[swan honking]
374
00:20:03,160 --> 00:20:05,538
‐[swan honking]
‐Aah!
375
00:20:08,749 --> 00:20:10,167
Can I go now?
376
00:20:10,167 --> 00:20:11,752
[swan wings flapping]
377
00:20:15,715 --> 00:20:16,966
[knocking on door]
378
00:20:22,054 --> 00:20:23,347
Don't you dare!
379
00:20:25,266 --> 00:20:28,060
I am not coming in
to try and influence
your decision.
380
00:20:29,895 --> 00:20:31,105
I promise.
381
00:20:34,650 --> 00:20:35,735
You okay?
382
00:20:38,154 --> 00:20:39,321
I don't know.
383
00:20:44,869 --> 00:20:50,207
I wonder if my son thought
there was something redemptive
in taking his life?
384
00:20:52,585 --> 00:20:55,045
'Cause you know,
if people could think that,
385
00:20:56,922 --> 00:20:59,592
I'd shatter that perception
with one swing of my gavel.
386
00:21:01,844 --> 00:21:03,846
'Cause I don't want
any other father to have to.
387
00:21:05,097 --> 00:21:06,140
Henry...
388
00:21:08,100 --> 00:21:09,769
this case isn't about your son.
389
00:21:13,355 --> 00:21:15,983
Yeah, yeah.
390
00:21:19,570 --> 00:21:20,613
You know,
391
00:21:21,989 --> 00:21:24,700
when he was five,
392
00:21:24,700 --> 00:21:27,119
he'd never go to sleep
unless I sang to him.
393
00:21:28,996 --> 00:21:31,624
When he had finally closed
his eyes,
394
00:21:31,624 --> 00:21:32,833
I'd just stay there,
395
00:21:34,001 --> 00:21:36,003
and stare at his little face.
396
00:21:38,422 --> 00:21:41,801
Life was never more rich.
397
00:21:53,270 --> 00:21:55,356
He grew up,
398
00:21:55,356 --> 00:21:58,317
to abuse and molest children.
399
00:21:58,317 --> 00:22:00,903
And shot himself in the head.
400
00:22:00,903 --> 00:22:04,990
I'm not sure right now
life even has meaning, Gary.
401
00:22:04,990 --> 00:22:06,867
Maybe I should recuse myself.
402
00:22:08,828 --> 00:22:13,082
Who the hell am I
to be deciding,
when a life should be...
403
00:22:14,708 --> 00:22:16,001
ending, or...
404
00:22:18,879 --> 00:22:20,256
maybe life has no meaning.
405
00:22:28,430 --> 00:22:31,267
I never needed to believe
in heaven more than I do now.
406
00:22:32,768 --> 00:22:34,144
I pray that when I go
407
00:22:35,771 --> 00:22:37,857
I'll meet my son
in heaven again.
408
00:22:39,733 --> 00:22:41,110
But with what he did
409
00:22:42,862 --> 00:22:45,614
with how he took his life,
410
00:22:45,614 --> 00:22:48,617
he wouldn't be in heaven.
Would he?
411
00:23:00,254 --> 00:23:01,338
Yeah.
412
00:23:10,389 --> 00:23:11,473
Plea bargain?
413
00:23:12,975 --> 00:23:15,394
All of a sudden,
you want to bargain?
414
00:23:15,394 --> 00:23:17,730
Here's the problem.
415
00:23:17,730 --> 00:23:20,357
Grier made an impression
with that witness.
416
00:23:21,650 --> 00:23:23,694
For the first time
417
00:23:23,694 --> 00:23:25,654
I really think we could lose.
418
00:23:25,654 --> 00:23:28,240
Well, all the same,
then we go to appeals court.
419
00:23:28,240 --> 00:23:30,117
On the verdict, yes,
but not on the sentence.
420
00:23:31,201 --> 00:23:33,454
Sentencing takes place now.
421
00:23:33,454 --> 00:23:35,372
Suppose you get a year?
422
00:23:35,372 --> 00:23:38,375
The appeals court won't
overturn that.
423
00:23:38,375 --> 00:23:40,461
If they upheld
the verdict itself,
424
00:23:40,461 --> 00:23:42,421
you'd be stuck
with a year in jail.
425
00:23:43,631 --> 00:23:45,633
So our thinking is if,
426
00:23:45,633 --> 00:23:48,636
if we could plead it out
to three months today
427
00:23:48,636 --> 00:23:51,013
it's worth considering.
428
00:23:51,013 --> 00:23:53,849
Three months in jail?
429
00:23:53,849 --> 00:23:55,184
And be done with it.
430
00:24:00,105 --> 00:24:02,024
Maybe, I should.
431
00:24:02,024 --> 00:24:04,026
What? Go to jail?
432
00:24:06,028 --> 00:24:08,030
Get it over with.
433
00:24:08,030 --> 00:24:10,324
You think Grier would go
for three months?
434
00:24:10,324 --> 00:24:11,951
I think so now.
435
00:24:12,034 --> 00:24:13,786
He's faced with the case
being tossed all together,
436
00:24:13,786 --> 00:24:15,788
I think he'd love to see
three months served.
437
00:24:29,051 --> 00:24:30,219
Okay.
438
00:24:31,470 --> 00:24:33,180
Make the deal.
439
00:24:33,180 --> 00:24:35,307
I won't agree to three months.
440
00:24:35,307 --> 00:24:37,434
‐If he overturns the verdict...
‐I can appeal.
441
00:24:37,434 --> 00:24:40,020
I can appeal his ruling
just like you can.
442
00:24:40,020 --> 00:24:41,981
One year. Best offer.
443
00:24:41,981 --> 00:24:43,565
‐One year.
‐Consecutively?
444
00:24:43,565 --> 00:24:45,609
Come on, Warren
even if you win,
445
00:24:46,026 --> 00:24:48,237
‐the likelihood of Bone
doling out a year...
‐I'll take my chances.
446
00:24:48,237 --> 00:24:50,364
‐You can't.
‐No!
447
00:24:50,364 --> 00:24:53,075
She committed a homicide.
One year.
448
00:24:53,075 --> 00:24:54,410
Could I talk with Mr. Grier
alone, please?
449
00:24:54,410 --> 00:24:55,911
Absolutely not.
450
00:24:56,161 --> 00:24:58,580
I would like to speak
with Mr. Grier in private.
451
00:25:00,165 --> 00:25:01,959
‐I have no problem with that.
‐Well, I do.
452
00:25:01,959 --> 00:25:02,960
Please.
453
00:25:04,336 --> 00:25:05,546
Please.
454
00:25:05,546 --> 00:25:07,423
Everybody, get out.
455
00:25:07,423 --> 00:25:09,258
I'm waiving Counsel.
456
00:25:09,258 --> 00:25:10,801
Everybody out now.
457
00:25:13,053 --> 00:25:17,099
[door opens, closes]
458
00:25:18,142 --> 00:25:19,601
Are you out of your mind?
459
00:25:21,520 --> 00:25:23,897
These birds have
retention skills.
Are you busy?
460
00:25:23,897 --> 00:25:25,315
‐[woman] No, I guess not.
‐Thanks.
461
00:25:25,315 --> 00:25:26,859
Come here. Come here.
462
00:25:26,859 --> 00:25:28,402
So it wasn't Joey Miller,
maybe‐‐
463
00:25:28,610 --> 00:25:30,487
You want me to put a lineup
in front of the swan?
464
00:25:30,487 --> 00:25:32,906
Suppose he picks somebody,
how admissible is that?
465
00:25:32,906 --> 00:25:34,700
I got a list of suspects.
Six boys
466
00:25:34,700 --> 00:25:36,285
‐who were seen‐‐ Kenny!
‐No. No.
467
00:25:36,285 --> 00:25:38,162
Too bad for you
Max is out of town.
468
00:25:38,162 --> 00:25:40,372
She'd love this
agricultural police work,
but I don't.
469
00:25:40,372 --> 00:25:42,958
Now get him out of here
and go with him.
470
00:25:42,958 --> 00:25:46,211
‐Is my father here?
‐Not yet, he's due back
any second.
471
00:25:46,211 --> 00:25:47,921
How come you have the helmet on?
472
00:25:47,921 --> 00:25:51,383
‐[swan honking]
‐[Kenny] What's he doing?
473
00:25:51,383 --> 00:25:54,470
‐He looks upset.
‐Boy, what's the matter?
474
00:25:54,470 --> 00:25:56,055
[Kenny] He looks upset, Carter.
475
00:25:56,055 --> 00:25:58,182
‐[Carter] Sit, no!
‐[Zach screaming]
476
00:25:58,182 --> 00:26:00,309
‐[Carter] Back, back!
‐[swan squawking]
477
00:26:01,310 --> 00:26:03,020
[clamoring]
478
00:26:07,483 --> 00:26:08,776
[indistinct shouting]
479
00:26:10,819 --> 00:26:13,280
‐Control your bird!
‐[squawking]
480
00:26:14,698 --> 00:26:15,824
[sighs]
481
00:26:20,245 --> 00:26:22,206
Everything's okay.
Swan's under control.
482
00:26:23,957 --> 00:26:27,336
Zack, that swan seemed
to know you.
483
00:26:29,046 --> 00:26:30,547
It seemed pretty mad at you.
484
00:26:33,509 --> 00:26:35,052
Did you hurt that swan's mate?
485
00:26:35,052 --> 00:26:36,428
[sobs]
486
00:26:39,348 --> 00:26:42,226
I've been watching you,
Mr. Grier. I...
487
00:26:42,226 --> 00:26:45,187
I know that you're
a compassionate man. I know...
488
00:26:45,187 --> 00:26:47,272
that you understand
why I did what I did
489
00:26:47,272 --> 00:26:50,234
and yet you prosecute me
with such a vengeance.
490
00:26:50,234 --> 00:26:53,570
‐Why?
‐I don't think you'll like
the explanation, Dr. Brock.
491
00:26:55,697 --> 00:26:59,201
I would like to understand you.
Right now, I don't.
492
00:27:11,964 --> 00:27:13,173
Last October,
493
00:27:14,466 --> 00:27:15,717
my brother died of AIDS.
494
00:27:17,845 --> 00:27:19,805
He had the skin
and sinus infections.
495
00:27:21,098 --> 00:27:23,433
Suffered the grand mal seizures,
496
00:27:23,433 --> 00:27:25,644
was even going blind.
497
00:27:25,644 --> 00:27:28,772
And he decided that he didn't
want to live anymore.
498
00:27:31,358 --> 00:27:36,029
Together we attached the hose
to the exhaust pipe.
499
00:27:36,029 --> 00:27:37,531
I closed the garage door
500
00:27:39,408 --> 00:27:41,618
got in on the passenger side
501
00:27:41,618 --> 00:27:43,620
and held the keys in my hand.
502
00:27:44,955 --> 00:27:46,540
We broke open a bottle of wine,
503
00:27:48,208 --> 00:27:51,503
put on some music,
sang together, cried together.
504
00:27:53,463 --> 00:27:55,549
About an hour later,
I kissed him goodbye,
505
00:27:56,675 --> 00:27:58,510
gave him the keys
506
00:27:58,510 --> 00:27:59,553
and went in the house.
507
00:28:02,097 --> 00:28:05,559
What? And you blame yourself
for that?
508
00:28:05,559 --> 00:28:07,019
The story's not over yet.
509
00:28:09,271 --> 00:28:10,564
Another hour went by.
510
00:28:11,940 --> 00:28:13,859
And I came back.
511
00:28:13,859 --> 00:28:15,819
And there he sat crying
512
00:28:17,195 --> 00:28:19,197
with his hand on the ignition.
513
00:28:21,199 --> 00:28:23,201
He couldn't bring himself
to turn it over
514
00:28:25,954 --> 00:28:29,625
intellectually, reflectively,
even emotionally,
515
00:28:30,792 --> 00:28:33,545
he wanted to die, no question.
516
00:28:33,545 --> 00:28:35,756
But there was something inside
517
00:28:35,756 --> 00:28:38,634
that stopped him
from starting that car.
518
00:28:44,932 --> 00:28:46,266
And he asked me to.
519
00:28:56,985 --> 00:28:58,487
And I couldn't.
520
00:29:03,367 --> 00:29:05,661
He ended up suffering
521
00:29:05,661 --> 00:29:08,956
a horrible, painful,
natural death.
522
00:29:12,292 --> 00:29:16,880
If I'd started that car,
it would have been commensurate
with my brother's wishes.
523
00:29:16,880 --> 00:29:19,299
But at the same time,
I would have been
overriding him.
524
00:29:19,383 --> 00:29:24,388
And you think that I was
overriding Harry Fenwick
when I turned up the morphine?
525
00:29:24,388 --> 00:29:25,764
Would he have
turned it up himself?
526
00:29:31,353 --> 00:29:33,230
‐What's going on?
‐They're in the coffee room.
527
00:29:33,230 --> 00:29:35,857
‐The swan attacked him?
‐The swan was definitely
not happy.
528
00:29:42,197 --> 00:29:44,992
[clears throat]
529
00:29:44,992 --> 00:29:47,536
‐I can't believe
what I just heard.
‐Hold on.
530
00:29:48,745 --> 00:29:50,872
Zack.
531
00:29:50,872 --> 00:29:53,625
I want you to tell your father
exactly what you told me.
532
00:29:55,544 --> 00:29:58,547
[sighs] A bunch of kids.
533
00:29:58,547 --> 00:30:01,383
They decided
instead of street hockey
534
00:30:01,383 --> 00:30:03,510
that it might be fun to play
swan hockey.
535
00:30:04,803 --> 00:30:07,472
So, capture a swan
536
00:30:07,472 --> 00:30:09,599
put it in a sack
537
00:30:09,599 --> 00:30:11,935
go to the parking lot
at Hanson Field, then
538
00:30:13,603 --> 00:30:16,106
let the swan out of the sack and
539
00:30:16,106 --> 00:30:18,191
they... play.
540
00:30:18,191 --> 00:30:21,862
Wait, wait, wait.
Um, what is "swan hockey"?
541
00:30:21,862 --> 00:30:26,450
Uh, instead of a puck
or a tennis ball, you play
with a swan.
542
00:30:28,076 --> 00:30:31,121
Try to hit the swan
into the other team's goal.
543
00:30:31,121 --> 00:30:33,331
That's how all these swans
were killed?
544
00:30:35,917 --> 00:30:36,960
You all just...
545
00:30:38,795 --> 00:30:41,715
you hit them
with your hockey stick
to put them into a goal?
546
00:30:43,675 --> 00:30:47,220
‐Zack and I never hit them.
‐But you were in the game.
547
00:30:47,220 --> 00:30:49,514
We never hit the swans.
We stayed out near the side.
548
00:30:49,514 --> 00:30:51,308
But you were in the game.
549
00:30:53,477 --> 00:30:54,478
Yes.
550
00:30:56,354 --> 00:30:58,940
[Kenny] And Zack was at the pond
when the last one was captured.
551
00:30:58,940 --> 00:31:01,818
That's why the mate
remembered him and attacked.
552
00:31:04,738 --> 00:31:05,906
I'm sickened by this.
553
00:31:07,657 --> 00:31:09,367
How could you two
be a part of this?
554
00:31:11,119 --> 00:31:13,538
We never really wanted to be.
555
00:31:13,538 --> 00:31:16,458
But, we couldn't squeal.
556
00:31:16,458 --> 00:31:18,668
So, you just let
the swan be killed?
557
00:31:20,253 --> 00:31:22,089
We didn't know it was a felony.
558
00:31:31,807 --> 00:31:35,727
Your Honor, I've asked
my attorneys if I could
do my own closing.
559
00:31:35,727 --> 00:31:38,772
Mr. Wambaugh said it was
something you would allow.
560
00:31:39,940 --> 00:31:41,900
Well, it's irregular.
561
00:31:41,900 --> 00:31:44,903
But if the alternative is
listening to him,
562
00:31:44,903 --> 00:31:47,489
‐yes, it's okay.
‐I object.
563
00:31:48,573 --> 00:31:49,616
But just a little.
564
00:31:58,083 --> 00:32:01,503
I know all the reasons
against euthanasia.
565
00:32:03,171 --> 00:32:05,006
The potential for abuse.
566
00:32:07,092 --> 00:32:11,471
The woman who testified,
Mrs. Addelson.
567
00:32:11,471 --> 00:32:15,642
The idea that
perhaps her husband
felt obligated to die.
568
00:32:16,893 --> 00:32:20,021
[sighs] That's shocking.
569
00:32:20,021 --> 00:32:25,694
That doctors or family members
could possibly seduce patients
with euthanasia.
570
00:32:26,945 --> 00:32:28,363
Of course, that's horrible.
571
00:32:30,323 --> 00:32:32,409
That a doctor's help
572
00:32:32,409 --> 00:32:35,036
might cause a patient to do it.
573
00:32:35,036 --> 00:32:37,831
A patient who might not do it
without the help.
574
00:32:38,832 --> 00:32:40,125
That's unthinkable.
575
00:32:42,002 --> 00:32:43,253
It's unthinkable.
576
00:32:48,925 --> 00:32:51,845
I‐‐I must admit that
577
00:32:51,845 --> 00:32:55,140
I've never really read
our Constitution.
578
00:32:55,140 --> 00:32:58,602
I don't know what
our Founding Fathers thought
about euthanasia.
579
00:32:58,602 --> 00:33:01,062
I suspect they didn't give it
much thought.
580
00:33:02,189 --> 00:33:04,441
Most people don't
581
00:33:04,441 --> 00:33:05,859
until they're faced with it.
582
00:33:07,527 --> 00:33:08,778
I was faced with it.
583
00:33:10,363 --> 00:33:13,074
And I promise you
584
00:33:13,074 --> 00:33:17,787
when you are looking
into the eyes of a dying man,
585
00:33:17,787 --> 00:33:21,458
it's tough to concentrate
on the big societal picture.
586
00:33:22,918 --> 00:33:26,254
When a patient begs you
for peace, it's
587
00:33:26,254 --> 00:33:30,467
hard to prioritize
the integrity of the law
588
00:33:30,467 --> 00:33:33,595
over the dignity
of that man's life.
589
00:33:35,138 --> 00:33:39,059
Harry Fenwick wanted to die.
590
00:33:39,059 --> 00:33:42,771
He didn't want to exist
in a painful degrading manner.
591
00:33:42,771 --> 00:33:46,816
He wanted to die.
592
00:33:46,816 --> 00:33:49,152
And he asked me, his doctor,
593
00:33:51,404 --> 00:33:54,032
to prescribe some humanity.
594
00:33:56,493 --> 00:34:00,080
The law says that
I should have let him suffer.
595
00:34:00,080 --> 00:34:04,167
A law abiding person
would have let him suffer,
I guess.
596
00:34:07,879 --> 00:34:09,047
I couldn't.
597
00:34:11,341 --> 00:34:12,509
I couldn't.
598
00:34:15,720 --> 00:34:19,266
A good law or bad law,
you're the judge.
599
00:34:25,355 --> 00:34:26,898
You're the judge.
600
00:34:43,039 --> 00:34:44,082
Mr. Grier.
601
00:34:45,625 --> 00:34:47,711
If you don't mind,
602
00:34:47,711 --> 00:34:49,379
I'll hear your summation
tomorrow.
603
00:34:52,424 --> 00:34:54,426
[indistinct chatter]
604
00:35:00,432 --> 00:35:02,809
[crying]
605
00:35:02,809 --> 00:35:04,811
[woman over speaker]
Dr. Richardson to...
606
00:35:29,210 --> 00:35:31,671
‐One of these your grandchild?
‐What?
607
00:35:31,671 --> 00:35:35,967
Oh. No, no,
I'm‐‐I'm just looking.
608
00:35:37,302 --> 00:35:39,554
Nothing more beautiful, huh?
609
00:35:39,554 --> 00:35:42,015
No, nothing.
610
00:35:55,028 --> 00:35:58,865
I don't understand how you
could ever allow it to happen.
611
00:35:58,865 --> 00:36:02,994
How you could let
a poor innocent swan
just be killed.
612
00:36:02,994 --> 00:36:05,705
We kill frogs for biology,
cows for meat.
613
00:36:05,705 --> 00:36:09,292
That's a little different
than beating a swan to death
with a hockey stick.
614
00:36:09,292 --> 00:36:10,669
[Jimmy]
You wanted to become Jewish
615
00:36:10,794 --> 00:36:12,462
because of the
'be kind to animals' rule.
616
00:36:13,630 --> 00:36:15,590
What has happened to you, Zack?
617
00:36:15,590 --> 00:36:19,552
I didn't hit the swan.
I didn't like it
that the other kids did.
618
00:36:19,552 --> 00:36:22,889
We just didn't want
to be squealers.
619
00:36:22,889 --> 00:36:25,975
Well, I don't see how you could
even be friends with the boys
620
00:36:25,975 --> 00:36:27,769
who could do something so awful.
621
00:36:27,769 --> 00:36:30,146
Some of your friends go hunting
622
00:36:30,146 --> 00:36:32,440
and shoot bear and moose.
623
00:36:32,440 --> 00:36:35,610
‐How is it different?
‐Because beating a swan
624
00:36:35,610 --> 00:36:38,405
is cruel, it's torture.
625
00:36:38,405 --> 00:36:40,615
It wasn't killed,
it was tortured.
626
00:36:41,991 --> 00:36:43,535
You don't see the difference?
627
00:36:49,207 --> 00:36:52,252
A few years ago, they came out
with a book called...
628
00:36:53,128 --> 00:36:54,546
The Final Exit.
629
00:36:54,546 --> 00:36:57,424
A suicide manual,
a "how to" book.
630
00:36:59,050 --> 00:37:00,969
A week after it hit the stands,
631
00:37:01,302 --> 00:37:05,014
it went to the top
of The New York Times
best seller list.
632
00:37:07,016 --> 00:37:08,601
A suicide manual.
633
00:37:12,647 --> 00:37:13,857
What is going on?
634
00:37:19,446 --> 00:37:22,824
In a day where thirty percent
of today's teenagers,
635
00:37:22,824 --> 00:37:25,285
thirty percent,
636
00:37:25,285 --> 00:37:29,205
actually consider taking
their own lives.
637
00:37:29,205 --> 00:37:33,418
How can we be cultivating
a permissive attitude
towards suicide?
638
00:37:35,795 --> 00:37:39,758
I'm told that some teenage boys
in this town have been
killing swans.
639
00:37:41,176 --> 00:37:44,637
To me, that certainly
crosses the line.
640
00:37:44,637 --> 00:37:48,975
But how do we really draw
that line today, Your Honor,
641
00:37:48,975 --> 00:37:52,395
when kids see us
reducing the value
of Harry Fenwick's life?
642
00:37:52,395 --> 00:37:54,439
Of Carl Addelson's?
643
00:37:54,439 --> 00:37:58,234
That doesn't bode well
for the swan.
644
00:37:58,234 --> 00:38:00,653
You really think
these incidents are connected?
645
00:38:00,653 --> 00:38:03,490
I don't know.
646
00:38:03,490 --> 00:38:09,412
But I do know the equation
isn't nearly as simple
as the Defense Counsel suggests.
647
00:38:09,412 --> 00:38:12,749
It's much more complicated
than an individual's right
to die.
648
00:38:12,749 --> 00:38:15,084
Or his right to go out
with dignity.
649
00:38:15,084 --> 00:38:20,256
Once we say that it's
okay for doctors to help
kill patients,
650
00:38:20,256 --> 00:38:23,802
Once the erosion of life's value
is so complete,
651
00:38:25,053 --> 00:38:27,555
can it really be a surprise
652
00:38:27,555 --> 00:38:32,060
that teenage boys can think
nothing of killing birds?
653
00:38:43,488 --> 00:38:44,739
We're at that point, Your Honor.
654
00:38:48,451 --> 00:38:52,080
Life has been rendered
to have no intrinsic worth.
655
00:38:52,080 --> 00:38:57,001
Harry Fenwick, I guess,
came to the conclusion that his
being alive had no more worth,
656
00:38:57,001 --> 00:38:59,796
no more value.
His doctor agreed.
657
00:39:01,089 --> 00:39:03,925
So his doctor killed him.
658
00:39:03,925 --> 00:39:09,097
We're supposed to say that
according to the
United State's Constitution
659
00:39:10,431 --> 00:39:14,686
human life has no sanctity.
660
00:39:18,606 --> 00:39:20,149
What is going on?
661
00:39:37,000 --> 00:39:39,085
[indistinct chatter]
662
00:39:44,757 --> 00:39:47,093
We're sorry.
663
00:39:47,093 --> 00:39:49,262
We'll talk about this
when we get home, okay?
664
00:39:50,889 --> 00:39:54,100
‐We know it was wrong.
‐Why didn't you stop them then?
665
00:39:55,351 --> 00:39:58,354
‐It isn't so easy.
‐Jimmy.
666
00:39:58,354 --> 00:40:01,858
I've got the names
of all the kids.
You wanna prosecute?
667
00:40:01,858 --> 00:40:03,735
[Jimmy]
Uh. [clears throat]
668
00:40:04,152 --> 00:40:06,237
No, they'll just walk away
thinking what they did
was illegal.
669
00:40:06,237 --> 00:40:08,615
I don't want them
to get off that easy.
670
00:40:08,615 --> 00:40:12,327
Tell the parents to hold
a funeral for the swan.
671
00:40:12,327 --> 00:40:15,330
‐Make them all attend.
Parents, too, okay?
‐All right.
672
00:40:30,011 --> 00:40:31,179
Nice speech.
673
00:40:32,722 --> 00:40:33,848
Thank you.
674
00:40:50,490 --> 00:40:54,285
If it happened today,
I don't know what I'd do
with Mr. Fenwick.
675
00:40:58,122 --> 00:40:59,874
Do you know what you'd do
with your brother?
676
00:41:06,506 --> 00:41:07,590
No.
677
00:41:20,937 --> 00:41:23,731
We're both looking to that judge
to tell us we were right.
678
00:41:29,570 --> 00:41:31,239
They say he's a smart judge.
679
00:41:33,116 --> 00:41:34,158
Yeah.
680
00:41:36,119 --> 00:41:37,704
He's a very smart judge.
681
00:41:45,420 --> 00:41:47,046
[clerk] All rise.
682
00:41:52,468 --> 00:41:53,678
Be seated.
683
00:41:59,267 --> 00:42:01,936
Euthanasia obviously raises
684
00:42:01,936 --> 00:42:04,731
profound questions
about the meaning of...
685
00:42:06,399 --> 00:42:09,527
the meaning of human life.
686
00:42:09,527 --> 00:42:14,949
The answer I'm afraid comes down
to your definition of value.
687
00:42:16,868 --> 00:42:20,163
Defense Counsel defines it,
688
00:42:20,163 --> 00:42:23,041
by pointing to
the best interests
of the patient.
689
00:42:24,542 --> 00:42:27,837
How much does he value it?
690
00:42:27,837 --> 00:42:30,214
Does it have enough quality
to be worth living?
691
00:42:32,133 --> 00:42:34,218
Mr. Grier
692
00:42:34,218 --> 00:42:37,472
speaks of the intrinsic value
of life itself
693
00:42:37,472 --> 00:42:41,434
regardless of the patient's
rights or interest.
694
00:42:41,434 --> 00:42:45,772
When you crunch this debate,
695
00:42:45,772 --> 00:42:50,485
Mr. Grier is arguing that life
is intrinsically sacred.
696
00:42:50,485 --> 00:42:51,611
And the defense,
697
00:42:52,695 --> 00:42:54,697
you maintain that it isn't.
698
00:42:56,365 --> 00:42:58,367
I so desperately
699
00:42:59,994 --> 00:43:01,954
want to agree with Mr. Grier.
700
00:43:01,954 --> 00:43:05,666
I wanna believe that life,
any life
701
00:43:05,666 --> 00:43:07,210
has intrinsic value.
702
00:43:08,795 --> 00:43:10,797
And that respect for that life
703
00:43:10,797 --> 00:43:14,133
remains distinct from what
the person thinks of himself
704
00:43:14,133 --> 00:43:16,552
or what others think of him
705
00:43:18,262 --> 00:43:21,265
that even if he is never loved,
706
00:43:22,767 --> 00:43:24,185
even if he is hated
707
00:43:25,895 --> 00:43:27,480
or if he does evil,
708
00:43:30,316 --> 00:43:31,359
his life,
709
00:43:33,736 --> 00:43:36,489
his life, nevertheless,
710
00:43:38,199 --> 00:43:39,617
has intrinsic value.
711
00:43:41,285 --> 00:43:44,497
His life is nevertheless
712
00:43:46,791 --> 00:43:47,917
sacred.
713
00:43:49,669 --> 00:43:51,462
[Judge] According to
our Supreme Court,
714
00:43:53,339 --> 00:43:57,718
the patient has the right to die
if he chooses.
715
00:43:57,718 --> 00:44:01,222
Which means,
legally, life enjoys
716
00:44:01,222 --> 00:44:03,599
no sacred protection.
717
00:44:03,599 --> 00:44:07,645
I agree with
the Washington Court,
718
00:44:07,645 --> 00:44:12,066
that there is no
meaningful distinction
719
00:44:12,066 --> 00:44:16,112
between the terminal patient
on life support
720
00:44:16,112 --> 00:44:18,072
and the terminal patient
who's not.
721
00:44:19,407 --> 00:44:22,869
They both wanna die.
722
00:44:22,869 --> 00:44:25,496
They both need
the doctor's help.
723
00:44:27,540 --> 00:44:29,667
To say one death is natural
724
00:44:29,667 --> 00:44:31,544
and the other is artificial
725
00:44:31,544 --> 00:44:34,338
goes against my legal logic.
726
00:44:34,338 --> 00:44:37,049
It also goes against humanity.
727
00:44:38,968 --> 00:44:41,179
I hereby declare the law
728
00:44:41,179 --> 00:44:44,140
against physician‐assisted
suicide
729
00:44:44,140 --> 00:44:46,475
to be invalid.
730
00:44:46,475 --> 00:44:48,728
‐I strike it down
‐[people gasping]
731
00:44:48,728 --> 00:44:53,149
and I'm overturning
the conviction against
Jill Brock.
732
00:44:53,149 --> 00:44:54,775
The defendant is free to go.
733
00:44:54,775 --> 00:44:56,777
[audience exclaiming]
734
00:45:01,407 --> 00:45:02,617
[gavel bangs]
735
00:45:51,874 --> 00:45:53,834
[theme music playing]
736
00:46:15,898 --> 00:46:17,900
[theme music ends]
53244
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