1 00:00:01,540 --> 00:00:03,247 NARRATOR: In the criminal justice system 2 00:00:03,309 --> 00:00:07,223 the people are represented by two separate yet equally important groups, 3 00:00:07,279 --> 00:00:09,054 the police who investigate crime 4 00:00:09,114 --> 00:00:11,958 and the district attorneys who prosecute the offenders. 5 00:00:12,017 --> 00:00:13,724 These are their stories. 6 00:00:14,320 --> 00:00:17,233 I told you, Susan. He's not in. SUSAN: Do I look stupid? 7 00:00:17,723 --> 00:00:19,669 He told you to say he's not in. 8 00:00:19,725 --> 00:00:21,363 I've got work to do. I'll tell Mr. Parker... 9 00:00:21,427 --> 00:00:24,431 You'll tell him to get his ass out here. Now. 10 00:00:25,197 --> 00:00:26,642 Do I have to call security? 11 00:00:26,699 --> 00:00:29,578 I assume he's told you the big news. 12 00:00:29,635 --> 00:00:32,309 I don't know what you're talking about. 13 00:00:32,371 --> 00:00:34,317 The SOB is walking out! 14 00:00:34,640 --> 00:00:37,849 Sixteen years, and he's taking a hike! 15 00:00:38,143 --> 00:00:40,817 Please calm down. I don't need to get in the middle of this. 16 00:00:40,879 --> 00:00:45,123 He killed my baby, and he's taking a hike! 17 00:00:45,351 --> 00:00:47,592 That's a hell of a boss you've got! 18 00:00:47,720 --> 00:00:50,361 Please lower your voice... I wanna scream, 19 00:00:50,557 --> 00:00:53,094 I will scream! 20 00:00:53,560 --> 00:00:58,100 I want the world to know all about my darling husband! 21 00:00:58,164 --> 00:01:00,838 Come on, Mrs. Parker. Get your hands off me. 22 00:01:00,934 --> 00:01:02,106 (sun COCKING) 23 00:01:02,168 --> 00:01:04,307 I just want to talk to my husband. 24 00:01:04,771 --> 00:01:06,978 Get the hell out of here, will you? 25 00:01:07,307 --> 00:01:09,947 You're crazy! I'm not crazy. 26 00:01:10,810 --> 00:01:14,155 You murdering bastard! 27 00:01:15,181 --> 00:01:17,127 Tell all these people! 28 00:01:17,417 --> 00:01:20,887 He kills my baby, and then he walks out! 29 00:01:20,954 --> 00:01:22,490 I'm calling the cops. 30 00:01:23,623 --> 00:01:26,297 (suns FIRING) 31 00:01:26,426 --> 00:01:28,303 (PEOPLE SCREAMING) 32 00:01:39,639 --> 00:01:41,619 (POLICE RADIO CHATTERING) 33 00:01:43,743 --> 00:01:46,155 WALLACE: Twenty years on the job down at the 2-7, 34 00:01:46,413 --> 00:01:47,790 never once pulled my piece. 35 00:01:47,847 --> 00:01:50,327 And I thought retirement was gonna be boring. 36 00:01:50,383 --> 00:01:52,522 Hey, I had to shoot, you know. 37 00:01:52,652 --> 00:01:55,189 The woman was off balance. She wanted blood. 38 00:01:55,255 --> 00:01:58,668 Anybody's in particular? Her hubby, Mr. Parker. 39 00:01:58,825 --> 00:02:01,066 First VP. All right, stick around. 40 00:02:01,127 --> 00:02:02,128 Yeah. 41 00:02:02,695 --> 00:02:05,938 I thought they had a good marriage. I was a little jealous. 42 00:02:05,999 --> 00:02:07,808 I guess she wasn't trying to scare him. 43 00:02:08,001 --> 00:02:10,311 She was out of her skull, you know what I mean? 44 00:02:10,370 --> 00:02:12,611 Screaming like a maniac. 45 00:02:12,672 --> 00:02:14,674 Was she screaming anything specific? 46 00:02:14,741 --> 00:02:17,119 Something about Mr. Parker killing her baby. 47 00:02:17,177 --> 00:02:19,350 I didn't even know they had a baby. 48 00:02:19,712 --> 00:02:21,885 I thought I'd wet my pants. 49 00:02:22,882 --> 00:02:26,330 Oh, yeah, and she also said that he was leaving her. 50 00:02:28,989 --> 00:02:30,764 Surprise. Surprise. 51 00:03:23,277 --> 00:03:26,918 If I had known she'd react this way, I never would have... 52 00:03:28,682 --> 00:03:31,162 Never would have what, Mr. Parker? 53 00:03:32,286 --> 00:03:33,697 Sixteen years we were married, 54 00:03:33,754 --> 00:03:35,791 and 10 of those I wouldn't trade for anything. 55 00:03:38,092 --> 00:03:39,662 Three weeks ago, 56 00:03:39,727 --> 00:03:41,104 I moved out 57 00:03:41,896 --> 00:03:43,375 into a hotel. 58 00:03:43,731 --> 00:03:47,474 Witnesses said she was screaming about you killing her baby. 59 00:03:47,835 --> 00:03:50,509 We'd been trying to have a baby for five years. 60 00:03:50,638 --> 00:03:52,117 Susan was obsessed. 61 00:03:53,440 --> 00:03:54,680 She had a miscarriage. 62 00:03:54,742 --> 00:03:56,619 She said you had something to do with that. 63 00:03:56,677 --> 00:03:58,088 Sure, it was my fault. 64 00:03:58,145 --> 00:04:00,558 It was also your fault and the mailman's 65 00:04:00,615 --> 00:04:03,596 and the guy who sells watches on the corner of 5th and 42nd. 66 00:04:03,652 --> 00:04:06,462 Yeah, well, you're the one she took the shot at. 67 00:04:06,521 --> 00:04:09,263 Isn't it obvious my wife wasn't rational? 68 00:04:09,357 --> 00:04:12,065 I thought about leaving her for months. 69 00:04:14,496 --> 00:04:16,203 Yesterday, 70 00:04:17,165 --> 00:04:19,338 my attorney served her with papers. 71 00:04:23,104 --> 00:04:26,449 Susan Parker, 40. DOA. Shot by a security guard. 72 00:04:26,641 --> 00:04:28,450 Smart money says it was justifiable. 73 00:04:28,510 --> 00:04:30,046 The DA okay with that? 74 00:04:30,111 --> 00:04:32,250 It's pretty hard to argue with 30 eyewitnesses. 75 00:04:32,314 --> 00:04:35,193 This lady goes into a bank, waves a .38 around. 76 00:04:35,250 --> 00:04:37,230 Actually took a shot at the husband. 77 00:04:37,285 --> 00:04:39,265 He all right? Yeah, he's a little shook up, 78 00:04:39,321 --> 00:04:40,527 but he'll get over it 79 00:04:40,589 --> 00:04:43,593 when he realizes how much money he's saving on attorney's fees. 80 00:04:43,658 --> 00:04:44,796 He was divorcing her. 81 00:04:44,859 --> 00:04:46,463 What's this about killing her baby? 82 00:04:46,528 --> 00:04:47,802 She had a miscarriage. 83 00:04:47,862 --> 00:04:49,705 Husband said she blamed the whole world for it. 84 00:04:49,764 --> 00:04:52,745 Yeah, well, it appears she was a little more specific. 85 00:04:53,235 --> 00:04:55,442 So what? So, a middle-class woman 86 00:04:55,503 --> 00:04:58,347 starts taking potshots in a midtown bank. 87 00:04:58,406 --> 00:05:00,317 There's gotta be something more here. 88 00:05:00,375 --> 00:05:02,116 The party's over. I mean, she's dead. 89 00:05:02,177 --> 00:05:03,281 Well, call me curious. 90 00:05:03,345 --> 00:05:05,951 I'd like to know what put her in a position to get that way. 91 00:05:06,014 --> 00:05:07,322 Talk to the ME. 92 00:05:07,382 --> 00:05:09,555 Talk to him about what? Yeah. 93 00:05:09,618 --> 00:05:11,154 She said he killed her baby. 94 00:05:11,219 --> 00:05:14,496 Maybe she was saner than her husband would have us believe. 95 00:05:15,156 --> 00:05:17,830 I told you on the phone I haven't completed the full autopsy. 96 00:05:17,892 --> 00:05:19,337 But you did do a prelim. 97 00:05:19,394 --> 00:05:21,806 Cause of death, .38 in the back. You happy? 98 00:05:21,863 --> 00:05:23,342 What about bruises? 99 00:05:23,398 --> 00:05:25,571 Those bank floors are hard. I wouldn't be surprised. 100 00:05:25,634 --> 00:05:27,875 Well, we're thinking maybe there were some that were caused 101 00:05:27,936 --> 00:05:29,279 by a more human source. 102 00:05:29,337 --> 00:05:31,817 Look, you wanna give me a break? I've gotta be in court in two hours. 103 00:05:31,873 --> 00:05:35,481 So, what's it gonna take? Two seconds for you to look at the chart? 104 00:05:44,654 --> 00:05:47,897 Yes. Preliminary examination revealed recent contusions. 105 00:05:47,957 --> 00:05:50,437 Consistent with a beating? That's right. 106 00:05:50,593 --> 00:05:52,197 Now, if you don't mind. 107 00:05:54,096 --> 00:05:57,134 I already told you my wife had a miscarriage. 108 00:05:58,000 --> 00:06:00,810 Maybe I should get my attorney over here. 109 00:06:00,870 --> 00:06:02,008 Do you think you need one? 110 00:06:02,071 --> 00:06:05,416 Mr. Parker, the ME found bruises on your wife's body. 111 00:06:05,474 --> 00:06:07,579 We're just interested in finding out how they got there. 112 00:06:07,643 --> 00:06:10,317 How should I know? Look what happened. 113 00:06:10,546 --> 00:06:13,152 My wife wasn't exactly rational. Yeah, 114 00:06:13,215 --> 00:06:15,388 and Grandma always said a smack in the head 115 00:06:15,451 --> 00:06:17,863 was the best cure for the crazies. 116 00:06:17,920 --> 00:06:19,058 Look. 117 00:06:21,924 --> 00:06:26,031 All my wife talked about was having a baby. 118 00:06:26,495 --> 00:06:29,772 Her kid sister had three. All her friends... 119 00:06:29,832 --> 00:06:32,312 The more we tried, the more desperate she got. 120 00:06:32,368 --> 00:06:34,177 Something worked. Oh. 121 00:06:34,437 --> 00:06:36,075 Thank you, Dr. Gilbert. 122 00:06:36,472 --> 00:06:37,849 Some fertility expert. 123 00:06:37,907 --> 00:06:40,183 Thermometers, rushing home from work in the middle of the day. 124 00:06:40,242 --> 00:06:43,189 We weren't making love, we were on a mission. 125 00:06:43,279 --> 00:06:46,488 Listen, let me be straight with you. 126 00:06:47,183 --> 00:06:51,154 Now, we heard that your wife said that you killed her baby. 127 00:06:51,420 --> 00:06:54,264 The ME found bruises on your wife's body. 128 00:06:54,757 --> 00:06:57,499 So, tell us what it's about, Mr. Parker. 129 00:07:00,996 --> 00:07:03,272 Let me tell you about my wife. 130 00:07:03,766 --> 00:07:06,440 She was crazy ever since she got on the baby kick. 131 00:07:06,502 --> 00:07:08,277 And then the great Dr. Jordan Gilbert 132 00:07:08,337 --> 00:07:10,249 starts pumping her full of hormones every week. 133 00:07:10,307 --> 00:07:12,253 It didn't exactly help her mental health. 134 00:07:12,309 --> 00:07:16,451 Did you get impatient with her? Maybe give her a little incentive? 135 00:07:18,382 --> 00:07:20,055 After the miscarriage, 136 00:07:20,117 --> 00:07:22,358 Susan was totally out of control. 137 00:07:23,153 --> 00:07:27,101 I tried to comfort her, be with her. I mean, it was my baby, you know. 138 00:07:27,524 --> 00:07:31,631 But all she wanted to do was start again with Gilbert and the hormone shots. 139 00:07:31,695 --> 00:07:33,766 I couldn't live like that anymore. Nobody could. 140 00:07:33,830 --> 00:07:34,900 And you moved out? 141 00:07:34,965 --> 00:07:37,536 Yeah, I started packing, and she attacked me. 142 00:07:38,735 --> 00:07:43,047 I lost my temper, but I swear all I did was push her away. 143 00:07:45,942 --> 00:07:47,046 (HORNS HONKING) Well. 144 00:07:47,611 --> 00:07:49,249 He's, what, 6' 2"? 145 00:07:49,312 --> 00:07:52,623 She's 5'3", tops. How hard did he have to push her? 146 00:07:52,682 --> 00:07:54,821 5'3" and pumped full of estrogen. 147 00:07:56,253 --> 00:07:59,132 Right. And a woman can't be elected President 148 00:07:59,689 --> 00:08:02,829 because once a month she might freak and push the button. 149 00:08:02,893 --> 00:08:04,998 Hey, once a month Gloria can't get out of bed, 150 00:08:05,061 --> 00:08:07,234 and that's just with the hormones God gave her. 151 00:08:07,297 --> 00:08:11,109 You know, Parker said his wife was taking those shots for a long time. 152 00:08:11,168 --> 00:08:13,409 Maybe this isn't the first time he lost his temper. 153 00:08:13,470 --> 00:08:15,916 Let's go talk to this Dr. Gilbert. 154 00:08:19,509 --> 00:08:20,817 (BABY CRYING) 155 00:08:21,378 --> 00:08:23,085 My gallery of babies. 156 00:08:23,880 --> 00:08:25,484 We try to encourage my people 157 00:08:25,549 --> 00:08:29,019 to send birth announcements and baby pictures. 158 00:08:29,719 --> 00:08:33,132 The Parkers' baby would have been on this wall right here. 159 00:08:35,192 --> 00:08:36,933 About Susan Parker, Doctor. 160 00:08:36,993 --> 00:08:39,405 The last time you saw her... It happens. 161 00:08:39,463 --> 00:08:41,875 Excuse me? The miscarriage. 162 00:08:42,132 --> 00:08:46,047 She came in panicked about two weeks ago. She was bleeding. 163 00:08:46,170 --> 00:08:48,411 There was nothing I could do. 164 00:08:49,574 --> 00:08:51,281 Susan didn't take it very well. 165 00:08:51,342 --> 00:08:52,719 Well, that's understandable. 166 00:08:52,777 --> 00:08:55,087 Susan had a tendency to overreact. 167 00:08:55,146 --> 00:08:56,523 The treatments didn't help. 168 00:08:56,581 --> 00:08:58,561 You talking about the hormones? 169 00:08:58,616 --> 00:09:01,358 It aids in conception, yes. 170 00:09:03,087 --> 00:09:04,623 My heart really went out to her. 171 00:09:04,689 --> 00:09:08,068 She kept screaming, telling me I was wrong. 172 00:09:08,559 --> 00:09:10,766 Unfortunately, I wasn't wrong. It's traumatic, 173 00:09:10,828 --> 00:09:14,241 but it would have been much worse later in the pregnancy. 174 00:09:14,432 --> 00:09:16,139 Susan was only eight and a half weeks. 175 00:09:16,200 --> 00:09:18,646 Do you know exactly what caused the miscarriage? 176 00:09:18,703 --> 00:09:20,080 It's hard to say. 177 00:09:20,137 --> 00:09:22,947 She was too emotional for a complete exam. 178 00:09:24,342 --> 00:09:27,050 It could have been many things. My patients are typically high-risk. 179 00:09:27,111 --> 00:09:29,421 LOGAN: You saw her once a week, right? 180 00:09:29,914 --> 00:09:33,020 Did you notice any bruises that shouldn't have been there? 181 00:09:33,084 --> 00:09:34,859 What are you saying? 182 00:09:35,353 --> 00:09:37,526 You think her husband beat her up? Brandon? 183 00:09:37,588 --> 00:09:40,501 Yes, there were problems in the marriage, but abuse? 184 00:09:40,558 --> 00:09:41,696 Susan would've told me. 185 00:09:41,759 --> 00:09:43,602 Well, maybe she wasn't all that proud of it. 186 00:09:43,661 --> 00:09:47,632 The women who come to me want to get pregnant. 187 00:09:47,932 --> 00:09:51,209 I'm the last resort. I know everything about them. 188 00:09:51,269 --> 00:09:54,011 When and what they eat, how much they sleep, 189 00:09:54,071 --> 00:09:56,244 what kind of nail polish they use. 190 00:09:56,474 --> 00:09:57,714 Is that important? 191 00:09:57,775 --> 00:09:59,584 Everything is important 192 00:09:59,644 --> 00:10:01,646 when you want to get pregnant. 193 00:10:01,779 --> 00:10:04,385 Keeping secrets from me would be counterproductive. 194 00:10:04,448 --> 00:10:07,691 It would be like going to confession 195 00:10:07,752 --> 00:10:10,130 and not telling the whole truth. 196 00:10:10,421 --> 00:10:12,594 You may want it more than life itself, 197 00:10:12,657 --> 00:10:15,103 but you're not getting absolution. 198 00:10:15,927 --> 00:10:19,238 The nuns at my school were less sanctimonious than that guy. 199 00:10:19,297 --> 00:10:21,471 Your nuns never went to medical school. 200 00:10:21,533 --> 00:10:24,412 You know those MD plates gets you a better parking spot in heaven. 201 00:10:24,469 --> 00:10:27,006 Hey, with the fetus less than three months old, 202 00:10:27,072 --> 00:10:29,211 even if Parker beat his wife to a pulp, 203 00:10:29,274 --> 00:10:30,480 he didn't commit a murder. 204 00:10:30,542 --> 00:10:32,044 Let's get back to our real jobs. 205 00:10:32,110 --> 00:10:34,852 Hey, Van Buren wants us to check it out for spousal abuse. 206 00:10:34,913 --> 00:10:36,187 Think of it like a vacation. 207 00:10:36,248 --> 00:10:38,421 First of all, we don't have a complaining witness. 208 00:10:38,483 --> 00:10:40,793 Second of all, we just heard from the mouth of God 209 00:10:40,852 --> 00:10:41,922 that the husband was a saint. 210 00:10:41,987 --> 00:10:43,933 Well, God never gave her a full exam. 211 00:10:43,989 --> 00:10:45,764 Now, something caused that miscarriage. 212 00:10:45,824 --> 00:10:47,770 Let's see if Coyle can fit us in. 213 00:10:48,727 --> 00:10:51,037 Well, you were right. She was in some kind of fight. 214 00:10:51,096 --> 00:10:52,598 Well, bottom line it for us, Coyle. 215 00:10:52,664 --> 00:10:55,110 Was Susan Parker the attacker or the attackee? 216 00:10:55,167 --> 00:10:56,305 Let me show you. 217 00:10:56,368 --> 00:10:58,314 I'm Mrs. Parker. I go at you, 218 00:10:58,370 --> 00:11:01,817 so you grasp my wrists tight and hold them away from you. 219 00:11:02,040 --> 00:11:03,144 Now, I'm struggling. 220 00:11:03,208 --> 00:11:04,687 I want to scratch your eyes out, 221 00:11:04,743 --> 00:11:07,383 but you push me away, and I land on my butt, 222 00:11:07,446 --> 00:11:09,392 banging my elbows on the floor. 223 00:11:09,748 --> 00:11:12,957 The deceased had hematomas on her wrists, right where you grabbed me. 224 00:11:13,018 --> 00:11:15,020 Her left elbow and buttock revealed contusions 225 00:11:15,087 --> 00:11:16,691 probably from falling on the floor. 226 00:11:16,755 --> 00:11:19,395 And you have no old bruises or broken ribs? 227 00:11:19,458 --> 00:11:20,664 Sorry. 228 00:11:20,759 --> 00:11:22,705 So, Parker's telling the truth. 229 00:11:22,761 --> 00:11:25,207 Are you sure there was nothing on her chest or her stomach? 230 00:11:25,263 --> 00:11:27,174 Something that would cause her to lose her baby? 231 00:11:27,232 --> 00:11:28,336 Baby? 232 00:11:28,467 --> 00:11:31,175 What baby? This lady was never pregnant. 233 00:11:35,173 --> 00:11:37,380 What do you mean she wasn't pregnant? 234 00:11:37,442 --> 00:11:40,821 The ME's absolutely positive, Mr. Parker. 235 00:11:41,546 --> 00:11:42,752 My God! 236 00:11:42,914 --> 00:11:45,758 Are you sure Gilbert told your wife she was pregnant? 237 00:11:45,817 --> 00:11:49,230 He told her, all right. I was standing there when he did. 238 00:11:49,287 --> 00:11:51,631 Gilbert told us the same thing. 239 00:11:51,790 --> 00:11:53,326 You're going to arrest him, right? 240 00:11:53,392 --> 00:11:55,395 There's nothing we'd like better. 241 00:11:55,461 --> 00:11:56,599 What are you saying? 242 00:11:56,663 --> 00:12:00,475 The bottom line is all Gilbert did is lie to your wife. It's not a crime. 243 00:12:00,533 --> 00:12:03,104 Lying's not a crime. He took our money. It's fraud. 244 00:12:03,169 --> 00:12:05,843 Only if he knew his treatment wouldn't work. 245 00:12:05,905 --> 00:12:08,442 The truth is none of us know what happened. 246 00:12:08,574 --> 00:12:11,521 It could have been a simple misdiagnosis. 247 00:12:12,211 --> 00:12:14,691 Doctors make mistakes. Oh, some mistake. 248 00:12:14,781 --> 00:12:16,590 First he makes her crazy. Then he gets her killed. 249 00:12:16,649 --> 00:12:18,560 And you can't do anything about it! 250 00:12:18,618 --> 00:12:20,325 Well, that's just great. 251 00:12:21,921 --> 00:12:25,630 You know, this doctor could have one hell of a scam going. 252 00:12:25,725 --> 00:12:26,863 Think about it. 253 00:12:26,926 --> 00:12:31,306 He takes the big fees, and he pumps his patients full of this HCG stuff. 254 00:12:31,364 --> 00:12:33,935 It doesn't work. They start to get antsy, 255 00:12:34,000 --> 00:12:36,503 so he tells them what they want to hear, they're pregnant. 256 00:12:36,569 --> 00:12:37,809 A couple of weeks later, 257 00:12:37,870 --> 00:12:41,079 "Sorry, you lost the baby. Too bad. These things happen." 258 00:12:41,140 --> 00:12:42,585 Then he starts all over again 259 00:12:42,642 --> 00:12:44,280 and so do the big fees. 260 00:12:44,343 --> 00:12:47,950 The problem is Mrs. Parker isn't available to testify. 261 00:12:48,915 --> 00:12:50,792 This doctor has other patients, right? 262 00:12:50,850 --> 00:12:53,091 I'm sure he'll be happy to send us his list. 263 00:12:53,152 --> 00:12:55,496 He will if a judge tells him to. 264 00:12:59,192 --> 00:13:00,796 He convinced this woman she was pregnant. 265 00:13:00,860 --> 00:13:02,430 And she wasn't? No. 266 00:13:02,495 --> 00:13:04,771 Isn't it possible he made a mistake? 267 00:13:04,931 --> 00:13:06,137 Well, I don't think so. 268 00:13:06,199 --> 00:13:08,611 He obviously showed her someone else's sonogram. 269 00:13:08,668 --> 00:13:10,113 And there's a crime here? 270 00:13:10,169 --> 00:13:12,809 There is if it's part of a scheme to defraud. 271 00:13:13,206 --> 00:13:14,685 Gilbert could be selling pregnancies 272 00:13:14,741 --> 00:13:17,779 like some con man hawking swampland in Florida. 273 00:13:18,177 --> 00:13:19,349 And what do you want? 274 00:13:19,412 --> 00:13:21,483 A subpoena for his patients' medical records. 275 00:13:21,547 --> 00:13:23,925 I want to see if there were any other false miscarriages. 276 00:13:23,983 --> 00:13:26,122 You know I can't violate privilege. 277 00:13:26,185 --> 00:13:28,426 If we're right, he's committing a felony. 278 00:13:28,488 --> 00:13:31,368 His medical records were never privileged in the first place. 279 00:13:31,425 --> 00:13:32,995 So, I have to violate privilege 280 00:13:33,060 --> 00:13:36,473 to prove criminal activity in order to destroy privilege. 281 00:13:36,864 --> 00:13:39,208 Running in circles makes me dizzy, Counselor. 282 00:13:39,266 --> 00:13:41,007 If we can just talk to these women, 283 00:13:41,068 --> 00:13:44,379 I'm sure the last thing they'll scream is privilege. 284 00:13:45,439 --> 00:13:46,474 (SIGHS) 285 00:13:46,540 --> 00:13:48,213 I'll give you your subpoena, Counselor, 286 00:13:48,275 --> 00:13:50,118 but only for the express purpose 287 00:13:50,177 --> 00:13:52,453 of getting the names of Dr. Gilbert's patients 288 00:13:52,513 --> 00:13:54,515 who allegedly miscarried. 289 00:13:56,083 --> 00:14:00,122 Barbara Goodman, 43. Marian Combs, 45. 290 00:14:00,654 --> 00:14:03,032 Sharon Lowe, 46. 291 00:14:03,123 --> 00:14:05,660 Nothing like waiting till the last minute. 292 00:14:05,726 --> 00:14:08,366 Maybe they had something better to do. 293 00:14:09,329 --> 00:14:11,366 You know, if I didn't already know you don't have kids, 294 00:14:11,431 --> 00:14:13,411 I'd know you don't have kids. 295 00:14:13,467 --> 00:14:16,710 I'm just saying, Lennie, women are allowed to have other priorities. 296 00:14:16,770 --> 00:14:18,772 It's a long way from the '50s. 297 00:14:18,839 --> 00:14:22,116 Yeah, and those other priorities are keeping Dr. Gilbert in business. 298 00:14:22,176 --> 00:14:25,248 I got 23 names that had miscarriages. 299 00:14:25,379 --> 00:14:27,586 I already got 26. 300 00:14:28,048 --> 00:14:30,050 That ought to be enough. 301 00:14:33,086 --> 00:14:35,862 Hell, I could party with the best of them. 302 00:14:35,923 --> 00:14:38,767 There was always time for kids later. 303 00:14:38,826 --> 00:14:40,635 When Mr. Right comes along? 304 00:14:41,428 --> 00:14:45,240 Mr. Right's whoever you happen to end up with when you run out of gas. 305 00:14:45,399 --> 00:14:47,106 Mine's an investment banker. 306 00:14:47,167 --> 00:14:49,704 All I had to do was give him a son. 307 00:14:49,903 --> 00:14:53,476 Problem is it's not as easy as they taught us in sex ed. 308 00:14:54,775 --> 00:14:57,517 You did have a miscarriage, right? Two. 309 00:14:58,479 --> 00:15:02,086 After the first, my friend Clara Brock told me about Dr. Gilbert. 310 00:15:02,249 --> 00:15:04,889 She was in the same boat, and he'd worked wonders for her. 311 00:15:04,952 --> 00:15:08,526 Were you taking his HCG hormones when you had the second one? 312 00:15:09,157 --> 00:15:11,467 I started hemorrhaging on the E train. 313 00:15:11,626 --> 00:15:14,232 Strangers took me to Saint Vincent's. 314 00:15:16,097 --> 00:15:17,804 Are you're still trying? 315 00:15:19,334 --> 00:15:21,007 I'm 42 years old. 316 00:15:22,237 --> 00:15:23,511 What the hell? 317 00:15:23,571 --> 00:15:26,643 Selling expensive dresses is plenty fulfilling. 318 00:15:28,810 --> 00:15:30,721 It blew us away. 319 00:15:30,778 --> 00:15:32,917 We are so excited, we can't stand it. 320 00:15:32,981 --> 00:15:34,358 BRISCOE: Thank you. Sit. 321 00:15:34,749 --> 00:15:37,958 We're in our eighth month. It's like a miracle. 322 00:15:38,019 --> 00:15:40,397 We owe it all to Dr. Gilbert. 323 00:15:40,855 --> 00:15:43,358 According to records, you had a miscarriage. 324 00:15:43,424 --> 00:15:45,233 Yeah, once on the Nautilus. 325 00:15:45,460 --> 00:15:47,963 Dr. Gilbert insisted I stop working out. 326 00:15:48,196 --> 00:15:50,767 Were you on the hormone treatments at the time? 327 00:15:50,832 --> 00:15:53,005 Infertility wasn't my problem. 328 00:15:53,067 --> 00:15:55,513 We had to find someone to fertilize Beth's eggs, 329 00:15:55,570 --> 00:15:59,074 and Gilbert had the answer. Donor number 2133x. 330 00:15:59,774 --> 00:16:01,481 Artificial insemination. 331 00:16:01,876 --> 00:16:04,857 It's the best relationship lever had with a man. 332 00:16:04,912 --> 00:16:07,153 I thought it was supposed to be anonymous. 333 00:16:07,215 --> 00:16:09,126 That's exactly my point. 334 00:16:10,818 --> 00:16:14,129 I gotta ask you, don't you ever wonder? Why would I? 335 00:16:14,222 --> 00:16:16,463 Dr. Gilbert assured us the donor's healthy. 336 00:16:16,524 --> 00:16:18,765 Well, I just hope he didn't get around too much. 337 00:16:18,826 --> 00:16:22,638 Dr. Gilbert told us a donor's sperm is used four times, tops. 338 00:16:22,730 --> 00:16:24,266 In a city of eight million, 339 00:16:24,332 --> 00:16:26,471 what are the odds our son will ever meet one of his sisters, 340 00:16:26,534 --> 00:16:27,911 let alone have a baby with her? 341 00:16:27,969 --> 00:16:30,347 Look, we couldn't find out who the father was even if we wanted to. 342 00:16:30,405 --> 00:16:31,748 It's strictly confidential. 343 00:16:31,806 --> 00:16:34,650 All we know is he doesn't smoke. He doesn't drink. 344 00:16:34,976 --> 00:16:36,387 No criminal record, 345 00:16:36,978 --> 00:16:38,457 and he's a Roman Catholic. 346 00:16:38,513 --> 00:16:41,221 Don't forget he's got Bette Davis eyes. 347 00:16:45,888 --> 00:16:50,234 Brother, and I thought I had it bad being brought up by two alcoholics. 348 00:16:50,526 --> 00:16:53,302 I wonder which mommy's gonna teach him to smoke and drink. 349 00:16:53,362 --> 00:16:54,466 And shave. 350 00:16:54,930 --> 00:16:55,965 Well, it's the '90s. 351 00:16:56,031 --> 00:16:59,410 Everybody's allowed to be gross and disgusting, not just you. 352 00:17:00,002 --> 00:17:02,278 Well, all I know is I had one mommy, 353 00:17:02,338 --> 00:17:05,114 and she did enough ball-breaking for one lifetime. 354 00:17:05,174 --> 00:17:07,120 Hey, what was that party animal's name? 355 00:17:07,176 --> 00:17:09,520 The one that recommended Dr. Gilbert. 356 00:17:13,549 --> 00:17:15,256 Clara Brock. 357 00:17:15,317 --> 00:17:18,491 Yeah, she had a miscarriage, right? That's what she said. 358 00:17:18,654 --> 00:17:20,395 Her name's not on the list. 359 00:17:26,495 --> 00:17:29,271 So, I took Dr. Gilbert's hormone treatments for two years. 360 00:17:29,331 --> 00:17:30,935 Well, I guess it finally worked. 361 00:17:31,000 --> 00:17:32,604 CHILD: No. Well, not that well. 362 00:17:32,668 --> 00:17:36,206 It took forever to conceive, and then I had several miscarriages. 363 00:17:36,271 --> 00:17:38,478 It was the most traumatic time of my life. 364 00:17:38,540 --> 00:17:41,783 You miscarried while you were taking the hormone treatments? 365 00:17:41,844 --> 00:17:44,848 Two months after I stopped, along comes Bobby. 366 00:17:45,014 --> 00:17:46,687 You know, your friend Christine Kennedy 367 00:17:46,749 --> 00:17:49,821 says you conceived by artificial insemination, right? 368 00:17:49,985 --> 00:17:51,464 Actually, it was in vitro. 369 00:17:51,520 --> 00:17:53,864 My egg was fertilized with my husband's sperm 370 00:17:53,922 --> 00:17:55,492 outside of my uterus. 371 00:17:55,591 --> 00:17:57,867 The rest of the process was perfectly normal. 372 00:17:57,927 --> 00:18:01,397 Excuse me, it's 12:30. We can't be late for Mommy and Me. 373 00:18:01,463 --> 00:18:03,670 (BABY CRYING) 374 00:18:04,299 --> 00:18:07,075 She takes the hormone treatment for two years, 375 00:18:07,136 --> 00:18:09,275 stops and then gets pregnant? 376 00:18:09,405 --> 00:18:12,545 I'm starting to wonder if this stuff ever works. 377 00:18:13,742 --> 00:18:15,119 Here's one. 378 00:18:15,177 --> 00:18:18,125 Three years of hormone treatments, nothing. 379 00:18:18,581 --> 00:18:20,288 You'd think she'd catch on. 380 00:18:20,350 --> 00:18:23,331 Hey, I'm still waiting for Ed McMahon to show up at my door. 381 00:18:23,386 --> 00:18:25,423 The louder the biological clock ticks, 382 00:18:25,488 --> 00:18:27,866 the richer Dr. Gilbert gets. 383 00:18:27,924 --> 00:18:30,803 Here's one. Six months on the juice, 384 00:18:30,860 --> 00:18:31,861 twins. 385 00:18:32,629 --> 00:18:34,666 Could be Gilbert just got lucky. 386 00:18:36,633 --> 00:18:38,135 The two girlfriends? 387 00:18:38,301 --> 00:18:40,212 Who'd they say the donor was? 388 00:18:42,972 --> 00:18:46,044 Donor number 2133x. 389 00:18:47,444 --> 00:18:50,254 I just found the baby's half brother. 390 00:18:50,380 --> 00:18:52,257 John Joseph Desouza. 391 00:18:52,315 --> 00:18:54,761 He lives down the block from them. 392 00:18:55,018 --> 00:18:56,691 You think we should tell them? 393 00:18:56,753 --> 00:19:00,132 What's the point? He might not have Bette Davis eyes. 394 00:19:01,024 --> 00:19:02,298 Wait a minute, 395 00:19:03,460 --> 00:19:05,337 here's another one. 396 00:19:05,395 --> 00:19:08,001 Donor number 2133x. 397 00:19:08,098 --> 00:19:09,975 This guy gets around. 398 00:19:10,033 --> 00:19:11,842 A little more than he should. 399 00:19:15,205 --> 00:19:17,811 I got three more. You're kidding. 400 00:19:18,875 --> 00:19:20,218 I got one. 401 00:19:22,212 --> 00:19:23,589 I got two. 402 00:19:26,149 --> 00:19:28,288 Didn't Dr. Gilbert tell his patients 403 00:19:28,351 --> 00:19:31,093 he only used each donor four times? 404 00:19:36,659 --> 00:19:38,036 Oh, my God. 405 00:19:38,194 --> 00:19:40,435 It's like bad science fiction. 406 00:19:40,864 --> 00:19:42,104 Are you absolutely sure? 407 00:19:42,165 --> 00:19:44,543 There are 42 women artificially inseminated 408 00:19:44,601 --> 00:19:46,137 with the same donor's sperm. 409 00:19:46,202 --> 00:19:49,206 I've gotta believe they expected a little variation. 410 00:19:49,272 --> 00:19:50,512 We're talking fraud. 411 00:19:50,573 --> 00:19:53,521 And we'd have a great case if we actually knew about any of this. 412 00:19:53,577 --> 00:19:56,251 Excuse me? We have the medical records. 413 00:19:56,313 --> 00:20:00,420 Forty-two babies can call Mr. 2133x Daddy. 414 00:20:00,484 --> 00:20:02,191 Only the subpoena was limited. 415 00:20:02,253 --> 00:20:04,358 We were entitled to use the medical records 416 00:20:04,421 --> 00:20:07,664 to obtain the names of women with miscarriages. Period. 417 00:20:07,725 --> 00:20:10,706 Outside of that, everything on those records is inadmissible. 418 00:20:10,761 --> 00:20:14,208 Unless we get a judge with a little common sense. 419 00:20:17,668 --> 00:20:20,581 If I allow you to bring charges based on what you got and where you got it, 420 00:20:20,638 --> 00:20:22,515 I'd be looking at a sure-fire reversal. 421 00:20:22,573 --> 00:20:24,849 Now, I'm sure you know this hasn't been a very good year. 422 00:20:24,909 --> 00:20:26,684 What about inevitable discovery? 423 00:20:26,744 --> 00:20:28,052 The only thing that's inevitable 424 00:20:28,112 --> 00:20:29,785 is that you wouldn't have given a second thought 425 00:20:29,847 --> 00:20:31,121 to this artificial insemination 426 00:20:31,182 --> 00:20:33,253 but for the unlawful use of medical records. 427 00:20:33,317 --> 00:20:35,729 Most of the 42 babies live in the Upper West Side. 428 00:20:35,786 --> 00:20:37,766 They'll grow up together, go to the same schools... 429 00:20:37,821 --> 00:20:39,266 I've seen Deliverance, Claire. 430 00:20:39,323 --> 00:20:43,203 Now, look, I can bend as far right as the next guy in a robe 431 00:20:43,661 --> 00:20:47,666 when a cop pushes the envelope or a prosecutor screws up, 432 00:20:48,165 --> 00:20:50,702 but doctor-patient privilege, that's another ball game. 433 00:20:50,768 --> 00:20:53,476 I'm sorry, but there's no way around it. 434 00:20:54,605 --> 00:20:55,606 Fine. 435 00:20:59,543 --> 00:21:02,387 Look, I'm the only one in the DA's office 436 00:21:02,446 --> 00:21:04,619 who knows what Dr. Gilbert's up to. 437 00:21:05,783 --> 00:21:07,626 I'll set up a Chinese wall. 438 00:21:07,685 --> 00:21:10,222 Someone else in the office will handle the case. 439 00:21:10,287 --> 00:21:13,598 And you'll cross your heart not to talk to them about it? 440 00:21:13,657 --> 00:21:14,658 No. 441 00:21:15,092 --> 00:21:18,130 But I will sign an affidavit swearing not to communicate in any way 442 00:21:18,195 --> 00:21:22,200 with the new attorney regarding the unlawfully obtained material. 443 00:21:22,333 --> 00:21:24,176 If you even peek over the wall, Counselor, 444 00:21:24,235 --> 00:21:26,715 you can kiss your license goodbye. 445 00:21:26,871 --> 00:21:29,478 Chinese wall? And he actually bought it? 446 00:21:29,875 --> 00:21:32,219 As long as I signed my life away. 447 00:21:32,277 --> 00:21:33,984 I tell anyone anything that I know, 448 00:21:34,045 --> 00:21:36,685 I'm on the express train to the Disciplinary Committee. 449 00:21:36,748 --> 00:21:38,056 Is it worth it? 450 00:21:38,550 --> 00:21:40,052 Yeah, it's worth it. 451 00:21:40,952 --> 00:21:43,125 So, who do we send on this wild-goose chase? 452 00:21:43,188 --> 00:21:47,466 Well, I don't remember seeing any vacation memos with your name on it. 453 00:21:48,727 --> 00:21:52,300 Ms. Kincaid goes out on a limb, she puts her career on the line. 454 00:21:52,364 --> 00:21:54,435 It must be comforting to her 455 00:21:54,499 --> 00:21:57,002 to know that she's got 90% of your support. 456 00:22:01,740 --> 00:22:04,482 You'll take the Dworkin severance motion? 457 00:22:06,545 --> 00:22:10,152 Judge Spivack, Part 93, tomorrow at 9:30. 458 00:22:10,248 --> 00:22:11,386 You got it. 459 00:22:12,517 --> 00:22:14,360 And I'll go chase my tail. 460 00:22:14,553 --> 00:22:16,430 Start by using your head. 461 00:22:16,588 --> 00:22:19,432 The cops were investigating another fraud 462 00:22:19,491 --> 00:22:20,970 when they hit the motherlode. 463 00:22:21,026 --> 00:22:25,031 Now, what's the first thing you think of when you hear the word "fraud"? 464 00:22:25,096 --> 00:22:26,803 Financial records. 465 00:22:27,299 --> 00:22:28,744 I don't give a damn what it says. 466 00:22:28,800 --> 00:22:32,304 I'm not giving you anything until my attorney gets here. 467 00:22:32,370 --> 00:22:34,111 You can be held in contempt, sir. 468 00:22:34,172 --> 00:22:38,211 I understand everyone being upset over what happened to Susan Parker. 469 00:22:38,276 --> 00:22:41,746 Believe me, I feel for her more than you can imagine. 470 00:22:43,481 --> 00:22:46,928 But disrupting my practice? Well, if you have nothing to hide... 471 00:22:46,985 --> 00:22:49,761 My patients expect some sort of privacy. 472 00:22:49,821 --> 00:22:51,823 They rely on it, for God's sake. 473 00:22:52,090 --> 00:22:53,433 Thank God. 474 00:22:53,491 --> 00:22:56,563 Michael, will you tell me what's going on here? 475 00:22:57,028 --> 00:23:00,066 Mr. McCoy, I'm Michael Aronson. I represent Dr. Gilbert. 476 00:23:00,131 --> 00:23:01,804 Good. Then you can explain to your client 477 00:23:01,866 --> 00:23:04,313 the meaning of a subpoena duces tecum. 478 00:23:04,370 --> 00:23:05,781 We've been though this once already 479 00:23:05,838 --> 00:23:07,579 with someone from your office named Kincaid. 480 00:23:07,640 --> 00:23:09,142 Don't you people talk to each other? 481 00:23:09,208 --> 00:23:11,518 If you'd read the subpoena, you'll see that this time 482 00:23:11,577 --> 00:23:14,217 we're asking for Dr. Gilbert's financial records. 483 00:23:14,280 --> 00:23:17,193 I've been practicing medicine for 28 years. 484 00:23:17,416 --> 00:23:20,192 How dare you... Now, it's all right, Jordan. It's all right. 485 00:23:20,252 --> 00:23:22,254 We'll give them the documents. 486 00:23:22,321 --> 00:23:26,497 And while they're reading them, I'll be drafting my complaint for harassment. 487 00:23:30,262 --> 00:23:32,503 Well, Claire convinced Spivack 488 00:23:32,932 --> 00:23:36,311 to dismiss the severance motion. 489 00:23:36,669 --> 00:23:38,478 The Dworkins will be tried together. 490 00:23:38,537 --> 00:23:40,016 Lucky her. 491 00:23:41,340 --> 00:23:42,614 No wild geese? 492 00:23:43,776 --> 00:23:46,416 Well, Gilbert made a lot of money. 493 00:23:47,613 --> 00:23:50,617 Some of these women paid him more than $50,000. 494 00:23:50,683 --> 00:23:53,493 If you're going to be desperate, you might as well be rich. 495 00:23:53,552 --> 00:23:55,463 I checked with other infertility doctors. 496 00:23:55,521 --> 00:23:58,434 His fees are not out of line. 497 00:24:00,092 --> 00:24:01,400 Just a minute. 498 00:24:05,464 --> 00:24:09,469 Three years ago, Gilbert collected $650,000. 499 00:24:10,503 --> 00:24:12,744 Last year, he was down to $580,000. 500 00:24:14,273 --> 00:24:16,310 Recession's been rough on everybody. 501 00:24:16,375 --> 00:24:18,514 Yeah, but his net profits went up, Adam. 502 00:24:18,577 --> 00:24:21,524 And his expenses went down. That's right. 503 00:24:22,515 --> 00:24:25,496 And the biggest drop was in laboratory costs. 504 00:24:26,018 --> 00:24:28,055 HIV tests on donor's sperm 505 00:24:28,120 --> 00:24:32,262 for patients undergoing artificial insemination, 506 00:24:34,160 --> 00:24:36,868 $75,000 in '91. 507 00:24:37,296 --> 00:24:39,402 And down to zero last year. 508 00:24:39,933 --> 00:24:42,641 Could be that the labs are billing the patients direct. 509 00:24:42,703 --> 00:24:46,549 Or else he's playing Russian roulette with these babies' lives. 510 00:24:52,112 --> 00:24:56,492 There are perhaps seven reputable infertility clinics in the five boroughs. 511 00:24:56,550 --> 00:24:59,588 As far as I know, we do the testing for all of them. 512 00:25:00,287 --> 00:25:02,597 You did the work for Dr. Gilbert, too, didn't you? 513 00:25:02,656 --> 00:25:04,533 He was high volume. 514 00:25:04,825 --> 00:25:07,431 When he dropped maybe 75% three years ago, 515 00:25:07,494 --> 00:25:09,599 I figured his business was off. 516 00:25:09,663 --> 00:25:12,371 Then two years ago he went down to zero. 517 00:25:12,499 --> 00:25:15,207 I assumed he found some out-of-town lab to do the work. 518 00:25:15,268 --> 00:25:17,942 Or he decided it wasn't necessary to keep testing. 519 00:25:18,004 --> 00:25:20,245 Well, then, I hope he has a good lawyer. 520 00:25:20,307 --> 00:25:22,514 Do you know what the odds of having an infected baby are 521 00:25:22,576 --> 00:25:25,887 if an egg is fertilized by an HIV-positive sperm? 522 00:25:26,146 --> 00:25:27,784 You don't want to know. 523 00:25:28,281 --> 00:25:30,261 People are paranoid, 524 00:25:30,317 --> 00:25:32,092 and for good reason. 525 00:25:32,586 --> 00:25:34,361 Why is the testing so expensive? 526 00:25:34,421 --> 00:25:35,695 Well, the way it works is, 527 00:25:35,756 --> 00:25:38,862 we receive the donor sperm. We freeze it for 60 days, 528 00:25:38,925 --> 00:25:40,063 then we test it. 529 00:25:40,127 --> 00:25:42,198 It is expensive and time-consuming, 530 00:25:42,262 --> 00:25:45,709 but it's also the safest way known to medical science. 531 00:25:45,999 --> 00:25:48,240 Open up medical records? 532 00:25:48,301 --> 00:25:50,872 I'm sure you've heard of doctor-patient privilege. 533 00:25:50,937 --> 00:25:53,747 Which is supposed to protect the patient. 534 00:25:54,941 --> 00:25:57,182 There's a possibility that Dr. Gilbert 535 00:25:57,244 --> 00:25:59,986 was using infected sperm. 536 00:26:00,547 --> 00:26:01,787 Infected as in... 537 00:26:01,848 --> 00:26:06,888 Dr. Gilbert stopped running HIV tests on donor sperm two years ago. 538 00:26:08,054 --> 00:26:09,761 My God. 539 00:26:10,257 --> 00:26:11,964 This is a licensed physician? 540 00:26:12,025 --> 00:26:13,937 If any of the babies are infected, 541 00:26:13,995 --> 00:26:16,805 Gilbert's acting with reckless disregard. 542 00:26:17,098 --> 00:26:19,374 It's a crime. It can't be privileged. 543 00:26:19,767 --> 00:26:22,270 And if none of them are infected? 544 00:26:22,503 --> 00:26:25,143 We have disregarded one of the tenets 545 00:26:25,573 --> 00:26:27,075 of personal freedom. 546 00:26:27,608 --> 00:26:30,384 Somehow I think the parents will thank us for it. 547 00:26:37,852 --> 00:26:39,024 It can't be. 548 00:26:39,320 --> 00:26:40,594 You're wrong. 549 00:26:40,655 --> 00:26:44,467 I hope I am, too, Mrs. Cooper, but I think we should be safe. 550 00:26:44,659 --> 00:26:45,899 A blood test... 551 00:26:45,960 --> 00:26:47,769 Dr. Gilbert told us that the donor was healthy. 552 00:26:47,829 --> 00:26:49,069 We didn't have to worry. 553 00:26:49,130 --> 00:26:50,234 We have reason to believe 554 00:26:50,298 --> 00:26:53,245 that Dr. Gilbert has been less than honest. 555 00:26:53,968 --> 00:26:54,969 No. 556 00:26:55,436 --> 00:26:57,177 He gave us Dennis. 557 00:26:57,238 --> 00:26:59,240 He wouldn't lie. He couldn't... 558 00:27:00,708 --> 00:27:01,982 I don't have to listen to you. 559 00:27:02,043 --> 00:27:03,283 No, you don't. 560 00:27:04,145 --> 00:27:05,715 But if it were my son... 561 00:27:15,022 --> 00:27:16,660 There are times when I love this job. 562 00:27:16,724 --> 00:27:19,568 Thirty-one blood samples. All HIV-negative. 563 00:27:19,627 --> 00:27:21,766 Thank you for small favors. 564 00:27:22,330 --> 00:27:23,900 I should tell the parents. 565 00:27:23,965 --> 00:27:27,174 No need. I already received 17 bottles of champagne 566 00:27:27,235 --> 00:27:28,839 and eight bottles of Scotch. 567 00:27:28,903 --> 00:27:30,576 The bearer of good news. 568 00:27:30,771 --> 00:27:33,115 Well, it wasn't all good. 569 00:27:34,141 --> 00:27:37,611 It's the strangest thing. Twenty-five of these babies are CF carriers. 570 00:27:37,678 --> 00:27:39,817 What's CF? Cystic fibrosis. 571 00:27:40,281 --> 00:27:42,887 It's a recessive trait, like blue eyes. 572 00:27:42,984 --> 00:27:44,395 They'll never show any symptoms, 573 00:27:44,452 --> 00:27:47,456 but if they happen to make babies with another carrier... 574 00:27:47,521 --> 00:27:49,160 The disease will show up. 575 00:27:49,224 --> 00:27:51,329 Two carriers connect, 576 00:27:51,393 --> 00:27:54,931 it's a one-in-four chance the kid'll be affected. 577 00:27:55,597 --> 00:27:59,773 CF carriers are a very small part of the population, but still it's a risk. 578 00:27:59,835 --> 00:28:02,372 If they're a small part of the population, 579 00:28:02,504 --> 00:28:05,383 isn't it odd that so many of these babies are carriers? 580 00:28:05,440 --> 00:28:07,750 Well, it's either cause for an article 581 00:28:07,809 --> 00:28:10,449 in The New England Journal of Medicine, or... 582 00:28:11,647 --> 00:28:13,820 They're all related. 583 00:28:17,252 --> 00:28:20,722 It looks like the Chinese wall just came tumbling down. 584 00:28:21,590 --> 00:28:23,365 You talk. I can't. 585 00:28:23,425 --> 00:28:26,133 At least 25 of Dr. Gilbert's patients 586 00:28:26,194 --> 00:28:28,572 were inseminated with the same sperm. 587 00:28:29,765 --> 00:28:31,073 Thank God. 588 00:28:31,133 --> 00:28:34,671 I'll buy the champagne. You'll buy the whole dinner. 589 00:28:35,237 --> 00:28:38,013 There's no way these women would have agreed to this. 590 00:28:38,073 --> 00:28:40,713 I'm sure we can make a case for fraud. 591 00:28:41,743 --> 00:28:43,347 Is that all you found? 592 00:28:44,413 --> 00:28:46,324 There's more? A lot. 593 00:28:47,115 --> 00:28:50,995 Dr. Gilbert stopped testing the sperm for the HIV virus. 594 00:28:51,286 --> 00:28:52,993 Oh, my God. 595 00:28:53,055 --> 00:28:55,501 Fortunately, not one of the babies is infected. 596 00:28:55,557 --> 00:28:58,197 But I was thinking, why would someone as smart as Dr. Gilbert 597 00:28:58,260 --> 00:29:00,467 take such an enormous risk? 598 00:29:01,330 --> 00:29:04,607 One infected baby, his entire practice heads south. 599 00:29:05,000 --> 00:29:07,173 He was lucky the donor was healthy. 600 00:29:09,738 --> 00:29:11,115 Or he was sure. 601 00:29:12,307 --> 00:29:13,411 Come on, Jack. 602 00:29:13,475 --> 00:29:15,955 I have seen at least 12 public service announcements a day 603 00:29:16,011 --> 00:29:19,117 telling me that's impossible. Think about it. 604 00:29:19,448 --> 00:29:22,759 In this day and age, how could you be sure of anyone? 605 00:29:27,156 --> 00:29:30,160 The son of a bitch is using his own sperm. 606 00:29:33,396 --> 00:29:35,967 I just bought a round for two justices of the Court of Appeals. 607 00:29:36,032 --> 00:29:37,102 This better be good. 608 00:29:37,166 --> 00:29:40,443 It's about Dr. Gilbert, sir. Oh, right. Your baby doctor. 609 00:29:40,503 --> 00:29:43,643 Mr. McCoy, working independently, uncovered concrete evidence 610 00:29:43,706 --> 00:29:46,744 that 25 babies were conceived by the same donor sperm. 611 00:29:48,311 --> 00:29:49,585 And what? 612 00:29:50,446 --> 00:29:52,483 Twenty-six is on the way? 613 00:29:52,548 --> 00:29:54,755 Look, this can wait until morning. 614 00:29:56,319 --> 00:30:00,290 We have good reason to believe that that donor is Dr. Gilbert. 615 00:30:01,491 --> 00:30:04,700 And you didn't give him even a little push in the right direction? 616 00:30:04,761 --> 00:30:06,138 Not even a nudge. 617 00:30:06,195 --> 00:30:08,004 As we have both sworn in these affidavits. 618 00:30:08,064 --> 00:30:09,509 Now, that's very interesting. 619 00:30:09,565 --> 00:30:11,670 And, granted, I am on my third martini, 620 00:30:11,734 --> 00:30:14,374 but I don't really see what this has to do with me. 621 00:30:14,437 --> 00:30:16,212 We want to arrest Gilbert. 622 00:30:16,339 --> 00:30:18,285 There's nothing I'd like more. 623 00:30:20,710 --> 00:30:22,053 The problem is 624 00:30:22,512 --> 00:30:25,721 he hasn't done anything that even smells criminal. 625 00:30:27,583 --> 00:30:30,996 Judge Ianello may drink too much, but he's right. 626 00:30:32,421 --> 00:30:35,925 If it turns out to be true, what Gilbert did is disgusting, 627 00:30:35,992 --> 00:30:38,666 but there's nothing in the penal code that says he can't do it. 628 00:30:38,728 --> 00:30:40,071 He manipulated these women. 629 00:30:40,129 --> 00:30:41,403 He lied to them, 630 00:30:41,464 --> 00:30:43,307 and one of them wound up dead because of him. 631 00:30:43,366 --> 00:30:45,277 You can't prove causation. 632 00:30:45,335 --> 00:30:47,713 Man promised them a baby. He gave them one. 633 00:30:47,770 --> 00:30:49,374 He didn't promise them his baby. 634 00:30:49,439 --> 00:30:53,046 From what I understand, the contract calls for an anonymous donor. 635 00:30:53,209 --> 00:30:55,917 It's possible that Gilbert is an SOB, 636 00:30:56,712 --> 00:31:00,354 but so far, unfortunately, he's an anonymous SOB. 637 00:31:00,984 --> 00:31:03,988 Wait a minute. At least one of his patients, 638 00:31:04,054 --> 00:31:05,499 Clara Brock, 639 00:31:06,490 --> 00:31:08,697 she didn't contract for an anonymous donor. 640 00:31:08,759 --> 00:31:11,399 She thought she was being impregnated by her husband's sperm. 641 00:31:11,462 --> 00:31:12,873 That's just great. 642 00:31:13,564 --> 00:31:16,704 I'm sure the Brocks will be thrilled to hear about this. 643 00:31:18,468 --> 00:31:20,277 I don't believe this. 644 00:31:20,504 --> 00:31:21,847 It can't be. 645 00:31:21,905 --> 00:31:23,384 You should just go. 646 00:31:23,473 --> 00:31:24,543 CLAIRE: We're sorry, but... 647 00:31:24,608 --> 00:31:26,781 No, Dr. Lang told us that Gilbert was the best. 648 00:31:26,844 --> 00:31:28,790 Do you have any evidence? 649 00:31:28,846 --> 00:31:31,486 We have good reason to believe. You believe? 650 00:31:31,815 --> 00:31:32,987 Well, I'll tell you what. 651 00:31:33,050 --> 00:31:36,122 You don't come here and tell me that Bobby's not my boy 652 00:31:36,253 --> 00:31:37,960 until you are damn sure. 653 00:31:38,021 --> 00:31:40,763 A blood test would give us all the proof we'd need. 654 00:31:40,824 --> 00:31:42,303 What the hell good would that do? 655 00:31:42,359 --> 00:31:45,397 I realize this is a difficult situation, Mr. Brock, 656 00:31:47,064 --> 00:31:49,476 but Dr. Gilbert has to be stopped. 657 00:31:51,602 --> 00:31:55,140 With your testimony, we could put him in prison for fraud. 658 00:31:55,339 --> 00:31:57,683 Nathan's parents were here yesterday. 659 00:31:57,741 --> 00:31:59,584 Bobby's their only grandchild. 660 00:31:59,643 --> 00:32:02,385 How can we tell them that Bobby's... 661 00:32:03,580 --> 00:32:06,459 How can we tell Bobby? We're not telling anybody. 662 00:32:07,751 --> 00:32:09,424 You want him in prison, 663 00:32:09,486 --> 00:32:11,090 you'll do it without us. 664 00:32:19,529 --> 00:32:21,270 Larceny by false promise. 665 00:32:22,699 --> 00:32:25,339 We need someone to testify that Gilbert lied. 666 00:32:25,402 --> 00:32:26,972 We could subpoena the Brocks. 667 00:32:27,037 --> 00:32:29,039 And they'd ignore it. 668 00:32:29,940 --> 00:32:33,183 The son of a bitch lied to his patients. He defrauded them. 669 00:32:33,243 --> 00:32:35,690 Hell, one's even dead because of him. 670 00:32:35,747 --> 00:32:38,091 Yeah, he belongs in jail, 671 00:32:39,751 --> 00:32:42,527 but without a little help from the Brocks or from the penal law, 672 00:32:42,587 --> 00:32:44,032 there's nothing we can do. 673 00:32:44,088 --> 00:32:47,467 I know we've dropped cases before, Jack, but this one... 674 00:33:02,407 --> 00:33:03,408 Hey. 675 00:33:04,275 --> 00:33:07,722 We've got a blood sample from the Brocks' baby, right? 676 00:33:08,179 --> 00:33:09,180 Yeah. 677 00:33:09,280 --> 00:33:11,453 If we could get Gilbert to take a blood test, 678 00:33:11,516 --> 00:33:14,258 we could prove he's the actual father. 679 00:33:19,724 --> 00:33:21,260 ARONSON: The Fourth Amendment. 680 00:33:21,526 --> 00:33:23,836 Last I looked, it protected one's person 681 00:33:23,895 --> 00:33:26,102 against unreasonable searches and seizures. 682 00:33:26,164 --> 00:33:27,802 The Supreme Court has repeatedly held 683 00:33:27,865 --> 00:33:30,209 that the individual's right against bodily intrusions 684 00:33:30,268 --> 00:33:32,771 should be weighed against the society's interests 685 00:33:32,837 --> 00:33:34,475 in conducting the search. 686 00:33:34,539 --> 00:33:36,348 Every day the police draw blood 687 00:33:36,407 --> 00:33:39,183 to determine if a suspect is driving while intoxicated. 688 00:33:39,244 --> 00:33:42,020 Yes, but only when the driver appears to be drunk. 689 00:33:42,080 --> 00:33:43,582 It's called probable cause. 690 00:33:43,648 --> 00:33:44,956 And it's noticeably lacking here. 691 00:33:45,016 --> 00:33:46,962 Medical records show that Dr. Gilbert 692 00:33:47,018 --> 00:33:49,589 used sperm from the same donor at least 20 times. 693 00:33:49,654 --> 00:33:54,069 There's absolutely no evidence that that donor is my client, Your Honor. 694 00:33:54,525 --> 00:33:55,663 Mr. McCoy? 695 00:33:56,294 --> 00:33:58,797 It's the only logical conclusion, Your Honor. 696 00:33:58,863 --> 00:34:01,776 JUDGE STEIN: This is a criminal prosecution, Mr. McCoy. 697 00:34:01,900 --> 00:34:05,245 Before I authorize a scavenger hunt on a man's body, 698 00:34:05,303 --> 00:34:10,049 I'll need some evidence tending to implicate him in that crime. 699 00:34:11,377 --> 00:34:14,688 The defense motion to quash the subpoena is granted. 700 00:34:15,748 --> 00:34:17,659 JACK: It's the perfect scam. 701 00:34:18,784 --> 00:34:21,890 His marks thank him, and the judicial system protects him. 702 00:34:21,954 --> 00:34:24,093 Babies cooked up in laboratories. 703 00:34:24,156 --> 00:34:27,103 Not everyone is able to procreate the old-fashioned way. 704 00:34:27,159 --> 00:34:29,833 I have no problem with science, young lady. 705 00:34:29,895 --> 00:34:33,399 I just wish it would take a breather now and then to let the law catch up. 706 00:34:33,465 --> 00:34:35,706 JACK: Maybe we're looking at the wrong law. 707 00:34:35,768 --> 00:34:38,612 If Dr. Gilbert really did use his own sperm, 708 00:34:39,071 --> 00:34:42,883 then the contract between him and the Brocks is null and void. 709 00:34:43,275 --> 00:34:44,515 Under civil law, 710 00:34:44,576 --> 00:34:48,251 he's the de facto and the de jure father of that child, 711 00:34:48,314 --> 00:34:51,557 and with that comes a whole boatload of legal obligations, 712 00:34:51,650 --> 00:34:53,027 including child support. 713 00:34:53,085 --> 00:34:54,428 Excellent. 714 00:34:54,753 --> 00:34:57,199 The Brocks won't testify, and what are you gonna do, 715 00:34:57,256 --> 00:34:59,293 cross-examine a test tube? 716 00:34:59,358 --> 00:35:00,701 CLAIRE: We don't need the Brocks. 717 00:35:00,759 --> 00:35:03,239 Child support is the right of the child, not the parent. 718 00:35:03,295 --> 00:35:06,276 And the burden in family court is much lighter than criminal court. 719 00:35:06,332 --> 00:35:08,243 No, I'll tell you what we do. 720 00:35:09,401 --> 00:35:12,541 Get Ms. Kincaid appointed guardian ad {item 721 00:35:12,671 --> 00:35:15,151 to sue for paternity on the baby's behalf. 722 00:35:15,207 --> 00:35:17,551 The first step in a paternity suit is a blood test. 723 00:35:17,610 --> 00:35:20,784 And if it says what we think it does, we nail the son of a bitch. 724 00:35:25,184 --> 00:35:26,561 CLAIRE: And what led you to conclude 725 00:35:26,618 --> 00:35:29,326 that Dr. Gilbert was the father of Baby Doe? 726 00:35:30,122 --> 00:35:32,227 After testing the blood of 31 babies 727 00:35:32,291 --> 00:35:34,737 artificially conceived in Dr. Gilbert's office, 728 00:35:34,793 --> 00:35:37,569 our lab informed us that it was extremely likely 729 00:35:37,629 --> 00:35:40,701 that the sperm of only one donor had been used. 730 00:35:40,766 --> 00:35:44,839 Further investigation of Dr. Gilbert's finances 731 00:35:44,903 --> 00:35:46,645 showed that he had stopped paying 732 00:35:46,706 --> 00:35:48,481 both for sperm donors 733 00:35:48,642 --> 00:35:51,350 and for HIV testing of the sperm. 734 00:35:51,911 --> 00:35:54,414 It was the only logical conclusion. 735 00:35:54,714 --> 00:35:56,250 Thank you, Mr. McCoy. 736 00:36:02,222 --> 00:36:04,793 Why isn't the baby's mother here, Mr. McCoy? 737 00:36:05,558 --> 00:36:08,402 Under the circumstances, her testimony isn't relevant. 738 00:36:08,461 --> 00:36:12,500 Well, you'd think she'd be a little interested about the results. 739 00:36:12,699 --> 00:36:15,441 This suit is brought on behalf of the baby. 740 00:36:15,502 --> 00:36:16,845 Oh, I see. 741 00:36:17,537 --> 00:36:20,450 Is the baby lacking for money? No. 742 00:36:21,074 --> 00:36:23,782 For food or shelter? No. 743 00:36:24,644 --> 00:36:28,353 Would you consider Baby Doe's mother in any way inadequate? 744 00:36:28,848 --> 00:36:31,761 I don't think that's in any way relevant to this case. 745 00:36:31,818 --> 00:36:33,354 Oh, it's very relevant, Mr. McCoy. 746 00:36:33,420 --> 00:36:35,491 You see, on this side of Center Street, 747 00:36:35,555 --> 00:36:38,729 all that's relevant is the baby's best interests. 748 00:36:41,628 --> 00:36:42,698 I'm aware of that. 749 00:36:42,762 --> 00:36:44,264 And in your opinion, 750 00:36:44,464 --> 00:36:47,877 this baby would somehow benefit from this litigation? 751 00:36:48,501 --> 00:36:50,105 Yes, I believe that's true. 752 00:36:50,170 --> 00:36:51,672 Considering the mother doesn't give a damn, 753 00:36:51,738 --> 00:36:54,412 I'd say that's pretty arrogant of you. 754 00:36:54,607 --> 00:36:55,608 Arrogant? 755 00:36:56,443 --> 00:36:59,322 Arrogant is trying to start your own race of people. 756 00:37:00,780 --> 00:37:02,919 Move to strike. Sustained. 757 00:37:04,050 --> 00:37:06,394 GILBERT: I'd say over the past 10 years, 758 00:37:06,786 --> 00:37:08,891 somewhere in the neighborhood of 300 babies 759 00:37:08,955 --> 00:37:12,698 were conceived in my office through artificial insemination. 760 00:37:12,892 --> 00:37:14,667 And in these 300 cases, 761 00:37:14,728 --> 00:37:17,800 has a mother ever requested the identification of the donor? 762 00:37:17,864 --> 00:37:19,309 On the contrary. 763 00:37:19,799 --> 00:37:21,711 After the health of the baby, 764 00:37:21,869 --> 00:37:25,874 a mother's primary concern is usually the anonymity of the donor. 765 00:37:26,006 --> 00:37:29,544 In cases when the patient's husband's sperm is used, 766 00:37:29,610 --> 00:37:32,181 has anyone ever questioned the heredity of the baby? 767 00:37:32,246 --> 00:37:33,316 No. 768 00:37:33,380 --> 00:37:38,227 Was Baby Doe the result of fertilizing her mother's egg with her father's sperm? 769 00:37:38,419 --> 00:37:39,523 I'm sorry. 770 00:37:40,020 --> 00:37:42,500 My hands are tied by confidentiality. 771 00:37:42,556 --> 00:37:45,730 I cannot in good conscience answer that question. 772 00:37:46,360 --> 00:37:47,464 Thank you. 773 00:37:48,863 --> 00:37:50,501 Hypothetically, Doctor, 774 00:37:51,065 --> 00:37:55,138 if a husband's sperm is used, is it typically tested for the HIV virus? 775 00:37:55,202 --> 00:37:56,237 No. 776 00:37:56,337 --> 00:38:00,843 It's simpler to run blood tests on the father before the procedure. 777 00:38:01,041 --> 00:38:02,042 I see. 778 00:38:02,276 --> 00:38:06,418 Do you also test to see if the father is a cystic fibrosis carrier? 779 00:38:06,780 --> 00:38:07,884 No, I don't. 780 00:38:07,948 --> 00:38:10,758 Would that be considered by some to be negligent? 781 00:38:10,885 --> 00:38:13,058 The people who come to my office want a baby. 782 00:38:13,120 --> 00:38:16,033 I doubt it would stop any of them even if they knew for a fact 783 00:38:16,090 --> 00:38:20,470 the father was a carrier. Besides, CF only affects 784 00:38:20,828 --> 00:38:24,435 a miniscule portion of the population at large. 785 00:38:24,698 --> 00:38:25,904 That's odd, 786 00:38:26,033 --> 00:38:29,845 because 25 out of the 31 babies conceived in your office 787 00:38:29,904 --> 00:38:33,249 through artificial insemination over the past two years 788 00:38:33,307 --> 00:38:34,547 are carriers. 789 00:38:35,242 --> 00:38:37,244 How do you explain that? 790 00:38:40,281 --> 00:38:42,420 Answer the question, Doctor. 791 00:38:46,320 --> 00:38:47,799 I can't explain it. 792 00:38:48,055 --> 00:38:50,797 Then, we'll let your blood do your talking for you. 793 00:38:50,858 --> 00:38:54,567 I order you to undergo a paternity test within the next two weeks. 794 00:39:00,435 --> 00:39:03,973 Nothing like a little forum shopping, Jack. Whatever it takes. 795 00:39:04,139 --> 00:39:07,382 My office will contact you with the name of a doctor. 796 00:39:07,442 --> 00:39:09,388 I'll save you the time. 797 00:39:10,312 --> 00:39:13,782 We'll stipulate that Dr. Gilbert is the baby's father. 798 00:39:13,848 --> 00:39:17,159 In that case, he's under arrest for larceny by false promise. 799 00:39:17,219 --> 00:39:18,562 Yeah, right. 800 00:39:18,620 --> 00:39:20,657 And that'll last for all of about two seconds. 801 00:39:20,722 --> 00:39:23,566 No way this gets past a motion to dismiss. 802 00:39:27,062 --> 00:39:29,372 The indictment is deficient on its face, Your Honor. 803 00:39:29,431 --> 00:39:32,241 The grand jury didn't think so. The grand jury? 804 00:39:32,534 --> 00:39:35,276 Twenty-three blind men following the Pied Piper out of Hamelin. 805 00:39:35,337 --> 00:39:36,816 I'm glad you have so much respect 806 00:39:36,871 --> 00:39:39,044 for our judicial system, Mr. Aronson. 807 00:39:39,107 --> 00:39:40,586 Oh, let's not be naive. 808 00:39:40,642 --> 00:39:42,588 The state tells them to indict, they indict, 809 00:39:42,644 --> 00:39:44,715 the sufficiency of the evidence notwithstanding. 810 00:39:44,779 --> 00:39:46,781 Just so long as they can get home in time for Oprah. 811 00:39:46,848 --> 00:39:50,227 There's sufficient evidence to indict your client for felony larceny. 812 00:39:50,285 --> 00:39:53,698 Excuse me. The charge is larceny by false promise. 813 00:39:54,122 --> 00:39:57,467 Show me one instance in the transcript where one witness claims 814 00:39:57,525 --> 00:39:59,027 that Dr. Gilbert lied about anything. 815 00:39:59,094 --> 00:40:01,233 JACK: The grand jury can infer whatever it likes. 816 00:40:01,296 --> 00:40:04,834 Hold on. Are you saying that the parents didn't testify? 817 00:40:05,433 --> 00:40:08,812 It's a difficult situation, Your Honor. You're damn right it is, 818 00:40:08,870 --> 00:40:10,941 and it's getting more difficult for you. 819 00:40:11,006 --> 00:40:12,747 Legally, I don't need their testimony. 820 00:40:12,807 --> 00:40:15,344 That's right, on a law school exam. 821 00:40:15,410 --> 00:40:19,222 In the real world, a fraud trial without the testimony of the victims 822 00:40:19,280 --> 00:40:21,021 ends in a mistrial. 823 00:40:21,383 --> 00:40:24,364 They don't get on the stand, we don't go to court. 824 00:40:24,419 --> 00:40:25,989 These people have a right to privacy. 825 00:40:26,054 --> 00:40:28,466 And my client has a right to confront his accusers. 826 00:40:28,523 --> 00:40:31,129 I think we can make everyone happy if we close the courtroom. 827 00:40:31,192 --> 00:40:32,297 Seal the records. 828 00:40:32,361 --> 00:40:34,272 She makes a very good point, Counselor. 829 00:40:34,330 --> 00:40:35,900 The public has a right to know. 830 00:40:35,965 --> 00:40:38,309 Well, you can talk to the press anytime you like, 831 00:40:38,367 --> 00:40:40,608 just keep the Brocks' name out of it. 832 00:40:40,703 --> 00:40:44,913 My clerk will contact you about the first free date for a trial. 833 00:40:46,609 --> 00:40:48,418 Nice move, Claire. 834 00:40:48,878 --> 00:40:52,155 Now all we have to do is get the Brocks to testify. 835 00:40:53,049 --> 00:40:56,326 Look, we already told you once, we are not going into a courtroom. 836 00:40:56,385 --> 00:40:59,559 We can arrange for it to be completely anonymous. 837 00:40:59,655 --> 00:41:01,396 If you prefer, you can wear disguises. 838 00:41:01,457 --> 00:41:03,994 The press will not be there. The records will be sealed. 839 00:41:04,060 --> 00:41:05,937 Why can't you use someone else? 840 00:41:05,995 --> 00:41:07,770 You said there were lots of others. 841 00:41:07,830 --> 00:41:10,037 We can't establish fraud with the others. 842 00:41:10,099 --> 00:41:11,271 What is it with you people? 843 00:41:11,334 --> 00:41:14,781 You don't think twice about destroying people's lives? 844 00:41:15,304 --> 00:41:18,285 I sympathize with you, Mr. Brock, and I think I can keep your privacy. 845 00:41:18,341 --> 00:41:20,548 But even if I can't, so what? 846 00:41:21,410 --> 00:41:25,017 So your parents find out that Bobby is not your natural child. 847 00:41:25,715 --> 00:41:27,194 So Bobby finds out. 848 00:41:27,984 --> 00:41:30,055 There are a lot of adopted babies in this world. 849 00:41:30,119 --> 00:41:31,393 Their lives aren't exactly ruined. 850 00:41:31,454 --> 00:41:33,297 You have no idea what you're talking about. 851 00:41:33,355 --> 00:41:35,301 We know we have to stop Dr. Gilbert. 852 00:41:35,358 --> 00:41:38,430 Doctors? They're worse than you people. 853 00:41:38,728 --> 00:41:41,208 They think they know what's good for you, what's right. 854 00:41:41,263 --> 00:41:44,005 They don't know anything. Clara, be quiet. 855 00:41:45,301 --> 00:41:49,113 Now, you get the hell out of here and leave us alone. Get out. Get out. 856 00:41:50,473 --> 00:41:51,918 Best-laid plans. 857 00:41:51,974 --> 00:41:55,080 Our chances of getting them to testify are zip, and you saw them. 858 00:41:55,144 --> 00:41:58,489 Yes, I did see them. And there's something else going on there. 859 00:41:58,547 --> 00:42:02,893 "Doctors don't know what's good for us. They don't know what's right." 860 00:42:02,985 --> 00:42:04,828 What the hell was that all about? 861 00:42:04,887 --> 00:42:08,495 Gilbert burned them pretty badly. I can understand her bent for hyperbole. 862 00:42:08,558 --> 00:42:11,971 Somehow I don't think Mrs. Brock was referring to Dr. Gilbert. 863 00:42:13,130 --> 00:42:14,131 Humor me. 864 00:42:14,765 --> 00:42:17,405 Talk to the doctor that sent them to Gilbert. 865 00:42:22,539 --> 00:42:25,076 The Brocks are good people. I just wish I could've helped them. 866 00:42:25,142 --> 00:42:27,315 You sent them to Dr. Gilbert. They had a baby. 867 00:42:27,377 --> 00:42:29,220 Bobby. Beautiful little boy. 868 00:42:29,279 --> 00:42:31,384 The problem was their daughter, Debra. 869 00:42:31,448 --> 00:42:33,553 The Brocks have a daughter? Had. 870 00:42:33,750 --> 00:42:36,788 Died last year. Leukemia. Eight years old. 871 00:42:36,853 --> 00:42:38,491 That's why I sent them to Gilbert. 872 00:42:38,555 --> 00:42:42,025 If only Bobby's marrow had matched, maybe I could have done something. 873 00:42:42,092 --> 00:42:45,335 What are you saying? Neither of the Brocks were a match. 874 00:42:45,495 --> 00:42:48,669 There was a chance that if they had another child... 875 00:42:48,732 --> 00:42:51,406 Wait a minute. Are you saying the only reason the Brocks had a baby 876 00:42:51,468 --> 00:42:54,005 was to use his bone marrow in a transplant? 877 00:42:54,071 --> 00:42:57,143 They were trying to save their daughter's life. 878 00:42:58,408 --> 00:43:00,445 No wonder their lips are sealed. 879 00:43:00,810 --> 00:43:03,450 They don't want their son to discover one day 880 00:43:03,513 --> 00:43:05,550 they only bought him for the parts. 881 00:43:05,615 --> 00:43:06,719 CLAIRE: This is great. 882 00:43:06,783 --> 00:43:08,456 Gilbert committed felony larceny, 883 00:43:08,518 --> 00:43:11,829 and we can't make a case because of his victims' feelings of guilt. 884 00:43:11,888 --> 00:43:14,528 We can't make a case for fraud. How about murder? 885 00:43:14,591 --> 00:43:17,470 Well, legally he's not responsible for Susan Parker's getting shot. 886 00:43:17,527 --> 00:43:21,304 I'm not talking about Susan Parker. I'm talking about the Brocks' daughter. 887 00:43:21,364 --> 00:43:23,275 The fact that the father's sperm was not used 888 00:43:23,333 --> 00:43:25,813 has to have significantly lowered the possibility 889 00:43:25,869 --> 00:43:27,746 of the baby's marrow being a match. 890 00:43:27,804 --> 00:43:29,750 Significantly lowered, yeah. 891 00:43:29,840 --> 00:43:31,217 Well, think about it, Adam. 892 00:43:31,274 --> 00:43:32,378 You see a man drowning. 893 00:43:32,442 --> 00:43:34,683 You tell the lifeguard, "Don't worry about it, I'll save him," 894 00:43:34,745 --> 00:43:37,089 knowing that you're not such a good swimmer. 895 00:43:37,147 --> 00:43:38,626 And the man drowns. 896 00:43:38,748 --> 00:43:42,060 Reckless disregard. At best, a long shot. 897 00:43:46,724 --> 00:43:49,568 Have Gilbert come into my office tomorrow at 9:30. 898 00:43:51,395 --> 00:43:52,806 Murder two. 899 00:43:53,097 --> 00:43:54,735 You're on drugs, right? 900 00:43:55,733 --> 00:43:58,475 The Brocks' daughter might still be alive today 901 00:43:58,836 --> 00:44:01,373 were it not for the reckless disregard for human life 902 00:44:01,439 --> 00:44:03,817 shown by your client. That's nonsense. 903 00:44:04,475 --> 00:44:05,783 Even if I used the father's sperm, 904 00:44:05,843 --> 00:44:07,288 there's no guarantee of a match. 905 00:44:07,345 --> 00:44:09,882 The statute says you're guilty if your actions 906 00:44:09,947 --> 00:44:11,949 cause a "grave risk of death." 907 00:44:12,383 --> 00:44:16,456 Your lawyer will explain to you that that's a matter for the jury. 908 00:44:16,821 --> 00:44:19,062 And I'll parade a dozen experts into the courtroom 909 00:44:19,123 --> 00:44:20,864 to say there's no cause-in-fact. 910 00:44:20,925 --> 00:44:23,769 It's all the reasonable doubt I need. Fine. 911 00:44:25,129 --> 00:44:27,905 But just consider what will happen to reasonable doubt 912 00:44:27,965 --> 00:44:29,672 when the jury hears 913 00:44:29,967 --> 00:44:34,211 how the good doctor here was trying to populate the world by himself. 914 00:44:34,539 --> 00:44:37,816 What will they think when I tell them about Susan Parker 915 00:44:38,109 --> 00:44:42,080 lying dead on the floor of a bank because of one of his little lies? 916 00:44:43,214 --> 00:44:47,026 And how will they actually react to the news 917 00:44:47,285 --> 00:44:50,425 that the Brocks might not have had to bury their eight-year-old daughter 918 00:44:50,488 --> 00:44:52,695 were it not for your client's gall 919 00:44:53,191 --> 00:44:54,192 or ego 920 00:44:55,493 --> 00:44:58,235 or complete disregard for human decency? 921 00:44:58,329 --> 00:45:00,366 ARONSON: All very persuasive, Counselor. 922 00:45:00,431 --> 00:45:03,344 You have one slight problem. You can't testify. 923 00:45:05,036 --> 00:45:06,947 Go ahead. Go to trial. 924 00:45:07,104 --> 00:45:10,085 Without witnesses, they'll laugh you out of the court. 925 00:45:10,174 --> 00:45:11,744 You're a doctor. 926 00:45:12,977 --> 00:45:15,253 You're supposed to help these people. 927 00:45:15,579 --> 00:45:17,821 These women come to me barren, 928 00:45:18,483 --> 00:45:22,090 starved for the feeling of life growing inside their bodies. 929 00:45:22,588 --> 00:45:25,330 Their husbands can't give it to them, neither can their lovers. 930 00:45:25,390 --> 00:45:26,391 Just me. 931 00:45:26,625 --> 00:45:29,469 I'm sure your children are not what they bargained for. 932 00:45:29,528 --> 00:45:31,633 I think you'd be surprised. 933 00:45:31,997 --> 00:45:33,908 I think you flatter yourself. 934 00:45:35,767 --> 00:45:38,270 I create something 935 00:45:39,037 --> 00:45:41,017 where nothing was before. 936 00:45:42,307 --> 00:45:45,117 God doesn't make babies, Mr. McCoy. 937 00:45:45,577 --> 00:45:46,578 I do. 938 00:45:58,724 --> 00:46:01,671 We might be able to convince a jury. 939 00:46:01,727 --> 00:46:03,468 And be reversed on appeal. 940 00:46:04,329 --> 00:46:06,366 So, we drop it? For now. 941 00:46:08,333 --> 00:46:12,145 Do you think we'll ever find someone who'll testify against him? 942 00:46:13,438 --> 00:46:15,213 Jesus had his Judas. 943 00:46:18,010 --> 00:46:19,751 And he's not Jesus.