1
00:00:00,434 --> 00:00:04,370
the people are represented
by two separate
2
00:00:04,372 --> 00:00:05,905
yet equally important groups:
3
00:00:05,906 --> 00:00:07,439
The police,
who investigate crime
4
00:00:07,441 --> 00:00:10,309
and the district attorneys,
who prosecute the offenders.
5
00:00:10,311 --> 00:00:13,045
These are their stories.
6
00:00:16,584 --> 00:00:19,351
Please, Missus,
call the doctor.
7
00:00:19,353 --> 00:00:22,254
Cora, her temperature's down.
8
00:00:22,256 --> 00:00:23,288
She's not getting better.
9
00:00:23,290 --> 00:00:25,424
Waking her won't help.
10
00:00:25,426 --> 00:00:28,627
A doctor, an ambulance, 911--
you have to do something.
11
00:00:28,629 --> 00:00:30,229
You're being crazy.
12
00:00:30,231 --> 00:00:31,463
I want you to get your things.
13
00:00:31,465 --> 00:00:34,466
My husband
will send you a check.
14
00:00:34,468 --> 00:00:37,403
( child wheezing lightly )
15
00:00:39,106 --> 00:00:40,572
( car horn honking )
16
00:00:43,310 --> 00:00:46,512
Help, please! Help!
17
00:00:46,514 --> 00:00:50,482
Help! Help!
18
00:00:50,484 --> 00:00:53,118
Please, stop!
19
00:00:53,120 --> 00:00:55,354
What do you want,
honey?
20
00:00:55,356 --> 00:00:56,422
Mrs. Driscoll.
21
00:00:56,424 --> 00:00:57,823
Yes?
22
00:00:57,825 --> 00:00:59,591
I'm Officer Barton,
this is Officer Giordano.
23
00:00:59,593 --> 00:01:01,126
How are you doing?
24
00:01:01,128 --> 00:01:03,595
Your housekeeper says
you may have an emergency?
25
00:01:03,597 --> 00:01:06,298
Mrs. Amado
tends to overreact.
26
00:01:06,300 --> 00:01:07,299
Do you mind?
27
00:01:07,301 --> 00:01:08,434
Could we just come in
28
00:01:08,436 --> 00:01:09,535
and take a peek
at your daughter?
29
00:01:09,537 --> 00:01:11,370
That really isn't necessary.
30
00:01:11,372 --> 00:01:13,405
We'll just
be in and out.
31
00:01:13,407 --> 00:01:15,407
Excuse me, ma'am.
32
00:01:15,409 --> 00:01:18,177
She's been
a little feverish.
33
00:01:21,415 --> 00:01:22,381
( wheezing )
34
00:01:22,383 --> 00:01:24,249
Lady, this kid can't breathe.
35
00:01:24,251 --> 00:01:25,684
2-7 Charlie
to Central K.
36
00:01:25,686 --> 00:01:27,653
Go ahead, Charlie.
DISPATCHER:
37
00:01:27,655 --> 00:01:29,488
Did you call it in?
38
00:01:29,490 --> 00:01:32,257
Policy is firm:
only the chief resident-- me--
39
00:01:32,259 --> 00:01:33,358
can call the cops on parents.
40
00:01:33,360 --> 00:01:35,427
Listen, is this kid
going to make it?
41
00:01:35,429 --> 00:01:37,629
Strep, fever 105 plus--
42
00:01:37,631 --> 00:01:40,265
what kind of parent doesn't know
that's life-threatening?
43
00:01:40,267 --> 00:01:41,633
So, on the record, the
hospital's going to make
44
00:01:41,635 --> 00:01:43,168
a formal child
abuse complaint?
45
00:01:43,170 --> 00:01:45,204
Yes, neglect.
46
00:01:45,206 --> 00:01:46,405
You can't do this.
47
00:01:46,407 --> 00:01:48,373
I want to take
my daughter home.
48
00:01:48,375 --> 00:01:50,342
Ms. Driscoll, this is
Dr. Fisher, the chief resident.
49
00:01:50,344 --> 00:01:51,810
She won't authorize
a trach.
50
00:01:51,811 --> 00:01:53,277
And if I don't sign
an authorization,
51
00:01:53,280 --> 00:01:54,863
you can't treat her.
52
00:01:54,864 --> 00:01:56,447
This is Sergeant Cerreta
and Detective Logan.
53
00:01:56,450 --> 00:01:57,900
More policemen?
54
00:01:57,901 --> 00:01:59,351
You're not leaving us
any choice.
55
00:01:59,353 --> 00:02:01,320
You seem
like a reasonable woman.
56
00:02:01,322 --> 00:02:03,188
You want to tell us
what the problem is?
57
00:02:03,190 --> 00:02:04,389
Your husband here
tonight, ma'am?
58
00:02:04,391 --> 00:02:06,558
No, he's in Boston
on business.
59
00:02:06,560 --> 00:02:08,694
Well, you know, you understand
if the hospital
60
00:02:08,696 --> 00:02:12,297
files a formal complaint,
you could find yourself in jail.
61
00:02:12,299 --> 00:02:14,633
You can't force me
to let you operate.
62
00:02:14,635 --> 00:02:16,335
Are you serious?
63
00:02:16,337 --> 00:02:17,369
These people are trying
64
00:02:17,371 --> 00:02:19,171
to save your daughter's life.
65
00:02:19,173 --> 00:02:21,473
Right now, I am more concerned
about her soul.
66
00:02:21,475 --> 00:02:23,475
Mrs. Driscoll,
let us help Dinah.
67
00:02:23,477 --> 00:02:24,543
You can't help her.
68
00:02:24,545 --> 00:02:26,712
We don't believe
in modern medicine.
69
00:02:26,714 --> 00:02:28,614
You don't believe in it?
70
00:02:28,616 --> 00:02:31,450
Our religion forbids it.
71
00:02:31,452 --> 00:02:34,453
Code blue, E.R. Pediatrics.
WOMAN ( over PA system ):
72
00:02:34,455 --> 00:02:36,722
Code blue, E.R. Pediatrics.
73
00:02:40,728 --> 00:02:42,394
MAN:
Excuse me, Miss.
74
00:02:42,396 --> 00:02:43,362
Step back.
75
00:02:43,364 --> 00:02:44,396
Get her intubated.
76
00:02:44,398 --> 00:02:45,631
1.8 milliliter epi.
77
00:02:45,633 --> 00:02:47,666
1/1,000 solution
I.V. push now.
78
00:02:47,668 --> 00:02:49,568
Let's get a central
line in here.
79
00:02:49,570 --> 00:02:51,270
Who's the pharmacist?
80
00:02:51,272 --> 00:02:53,238
WOMAN:
Now, now!
81
00:02:53,240 --> 00:02:56,775
Let's go
with 18 watts per second.
82
00:02:56,777 --> 00:02:57,943
WOMAN:
Level off.
83
00:02:57,945 --> 00:03:00,379
MAN:
Take the mask off.
84
00:03:00,381 --> 00:03:03,749
Clear.
( sharp thud )
85
00:03:03,751 --> 00:03:06,385
Still no pulse.
86
00:03:06,387 --> 00:03:08,420
Clear.
87
00:03:10,491 --> 00:03:11,557
Clear.
88
00:03:22,436 --> 00:03:25,204
She wasn't that sick!
89
00:03:41,222 --> 00:03:44,323
She wasn't that sick.
90
00:03:48,996 --> 00:03:53,298
Captioning sponsored by
NBC/UNIVERSAL
91
00:04:22,596 --> 00:04:25,597
¶ ¶
92
00:04:55,796 --> 00:05:01,433
¶ ¶
93
00:05:12,913 --> 00:05:14,513
It's your call.
94
00:05:14,515 --> 00:05:15,847
CERRETA:
get her for can
95
00:05:15,849 --> 00:05:17,549
is endangering
the welfare of a child.
96
00:05:17,551 --> 00:05:19,818
No, no, what we get her for
is manslaughter.
97
00:05:19,820 --> 00:05:21,620
Whoa, Mike, slow down.
98
00:05:21,622 --> 00:05:23,222
We don't get her for anything
99
00:05:23,223 --> 00:05:24,823
you don't prove she knew
the kid was seriously ill.
100
00:05:24,825 --> 00:05:26,558
All right, the housekeeper--
what's her name--
101
00:05:26,560 --> 00:05:28,694
Amado, she knew damn well
the kid was sick enough
102
00:05:28,696 --> 00:05:30,162
to get two cops.
103
00:05:30,163 --> 00:05:31,629
Oh, that will put the parents
away for sure.
104
00:05:31,632 --> 00:05:33,532
She was fired;
she'll say anything.
105
00:05:33,534 --> 00:05:34,733
Getting fired--
you think that's a reason
106
00:05:34,735 --> 00:05:35,767
to lie about the kid?
107
00:05:35,769 --> 00:05:37,052
You believe this?
108
00:05:37,053 --> 00:05:38,336
Hey, what I think,
what you think,
109
00:05:38,339 --> 00:05:40,339
What he thinks don't
mean diddly-squat,
110
00:05:40,341 --> 00:05:41,540
because in court,
111
00:05:41,542 --> 00:05:42,574
she's not
a credible witness.
112
00:05:42,576 --> 00:05:43,742
Credible?!
The kid died!
113
00:05:43,744 --> 00:05:45,677
Well, well, what's this?
114
00:05:45,679 --> 00:05:47,613
Honeymoon over?
115
00:05:47,614 --> 00:05:49,548
When you're finished
debating her state of mind,
116
00:05:49,550 --> 00:05:52,151
why don't you go ask her,
117
00:05:52,152 --> 00:05:54,753
and see what you can find out
about this religion
118
00:05:54,755 --> 00:05:56,121
Church of All Saints.
119
00:05:59,793 --> 00:06:01,793
Beautiful child.
120
00:06:01,795 --> 00:06:03,128
You worked
for the Driscolls
121
00:06:03,130 --> 00:06:04,696
what, three months?
122
00:06:04,698 --> 00:06:06,665
Mm-hmm.
They loved that child.
123
00:06:06,667 --> 00:06:09,968
It was an aura,
it radiated from them.
124
00:06:09,970 --> 00:06:12,871
You never saw people
who loved a child so much.
125
00:06:12,873 --> 00:06:14,773
When did she get sick?
126
00:06:14,775 --> 00:06:15,941
AMADO:
Monday morning, when I come in,
127
00:06:15,943 --> 00:06:16,975
She already had a fever.
128
00:06:16,977 --> 00:06:18,910
Mrs. Driscoll,
she wasn't worried.
129
00:06:18,912 --> 00:06:21,413
She said
she was praying for her.
130
00:06:21,415 --> 00:06:23,415
But you were worried.
131
00:06:23,417 --> 00:06:27,085
My kids, they get sick,
I pray for their souls.
132
00:06:27,087 --> 00:06:29,087
Their bodies, I get a doctor.
133
00:06:29,089 --> 00:06:30,822
Oberon Guzman, I called him
134
00:06:30,824 --> 00:06:32,691
and told him
the fever keeps going up.
135
00:06:32,693 --> 00:06:34,826
Did you tell
Mrs. Driscoll that?
136
00:06:36,764 --> 00:06:41,133
And she told me that sometimes
kids just had to get sicker
137
00:06:41,135 --> 00:06:44,903
before the Lord
heard their prayers.
138
00:06:46,840 --> 00:06:48,640
You want me
to visit a sick child
139
00:06:48,642 --> 00:06:49,841
when the parent won't call?
140
00:06:49,843 --> 00:06:52,043
When the child's dying,
yes, I do.
141
00:06:52,045 --> 00:06:56,081
My malpractice insurance
is already 20 times my rent.
142
00:06:56,083 --> 00:07:00,852
I do not go to any child
against their parents' wishes.
143
00:07:00,854 --> 00:07:02,421
Did Mrs. Amado
144
00:07:02,423 --> 00:07:04,055
describe the girl's symptoms?
145
00:07:04,057 --> 00:07:07,726
Sore throat, high fever,
trouble breathing.
146
00:07:07,728 --> 00:07:09,127
A second-year
medical student
147
00:07:09,129 --> 00:07:11,930
could have made an educated
guess it was strep throat.
148
00:07:11,932 --> 00:07:13,698
Do you consider that major?
149
00:07:13,700 --> 00:07:14,866
Untreated?
150
00:07:14,868 --> 00:07:17,135
It could lead
to rheumatic fever,
151
00:07:17,137 --> 00:07:19,871
heart disease, death.
152
00:07:19,873 --> 00:07:21,006
So a parent
refusing treatment...
153
00:07:21,008 --> 00:07:22,107
Would have to be stupid,
154
00:07:22,109 --> 00:07:24,643
blind, or negligent.
155
00:07:24,645 --> 00:07:26,445
Or very religious.
156
00:07:28,081 --> 00:07:31,950
MINISTER:
from the Swiss brethren
157
00:07:31,952 --> 00:07:34,686
like the Amish
or the Hutterites.
158
00:07:34,688 --> 00:07:36,755
Except that
you don't use doctors.
159
00:07:36,757 --> 00:07:38,990
We've been around
for 300 years,
160
00:07:38,992 --> 00:07:40,692
long before modern medicine.
161
00:07:40,694 --> 00:07:42,194
Hold on.
162
00:07:42,196 --> 00:07:44,029
You use electricity,
central heating.
163
00:07:44,031 --> 00:07:46,698
You were around
long before them, too.
164
00:07:46,700 --> 00:07:49,468
Detective, do I really
have to defend
165
00:07:49,470 --> 00:07:51,736
my religious beliefs
to the police?
166
00:07:52,906 --> 00:07:55,941
Are you arresting Ted and Nancy?
167
00:07:55,943 --> 00:07:59,244
Have they been
in your church long?
168
00:07:59,246 --> 00:08:01,380
Many years.
169
00:08:01,381 --> 00:08:03,515
They were members when
we were out in Hanover,
New Jersey.
170
00:08:03,517 --> 00:08:04,883
They're devout people.
171
00:08:04,885 --> 00:08:07,719
The loss of their
daughter was terrible,
172
00:08:07,721 --> 00:08:10,222
but it is God's will.
173
00:08:10,223 --> 00:08:12,724
Most of us don't mind
a little help from antibiotics.
174
00:08:12,726 --> 00:08:14,926
But some of us do.
175
00:08:14,928 --> 00:08:16,545
Did the Driscolls
176
00:08:16,546 --> 00:08:18,163
talk to you
while Dinah was sick?
177
00:08:18,165 --> 00:08:19,798
Ted and Nancy never believed
178
00:08:19,800 --> 00:08:22,067
that their daughter
was sick enough to die.
179
00:08:22,069 --> 00:08:26,004
All you have to do
is talk to them to know that.
180
00:08:26,940 --> 00:08:28,940
Fanatics.
181
00:08:28,942 --> 00:08:30,242
It's not that simple.
182
00:08:30,244 --> 00:08:31,843
These people aren't Moonies.
183
00:08:31,845 --> 00:08:33,144
You go to confession,
take communion.
184
00:08:33,146 --> 00:08:35,213
They believe
just as strongly as you do.
185
00:08:35,215 --> 00:08:36,248
Come on, that's crap.
186
00:08:36,250 --> 00:08:37,949
How can you
compare these wackos...
187
00:08:37,951 --> 00:08:39,618
Wackos?
A lot of non-Catholics
188
00:08:39,619 --> 00:08:41,286
believe it's wacko
for priests not to marry.
189
00:08:41,288 --> 00:08:43,088
A lot of non-Fundamentalists
190
00:08:43,090 --> 00:08:45,957
believe it's wacko
to take the Bible literally.
191
00:08:45,959 --> 00:08:47,759
To the Driscolls,
losing this kid's soul
192
00:08:47,761 --> 00:08:49,728
is worse
than losing her life.
193
00:08:49,730 --> 00:08:51,463
Except we're
investigating
194
00:08:51,464 --> 00:08:53,197
the death of a little
girl, not a soul.
195
00:08:53,200 --> 00:08:56,268
The church
doesn't make exceptions.
196
00:08:56,270 --> 00:08:59,871
The rules are God's,
not ours.
197
00:08:59,873 --> 00:09:01,973
We don't
pollute our bodies.
198
00:09:01,975 --> 00:09:03,275
We don't smoke, we
don't use medicine
199
00:09:03,277 --> 00:09:04,809
and we don't use doctors.
200
00:09:04,811 --> 00:09:05,944
LOGAN:
So if you're having
a heart attack,
201
00:09:05,946 --> 00:09:07,846
you don't call an ambulance?
202
00:09:07,848 --> 00:09:10,248
Is that so difficult
for you to accept?
203
00:09:10,250 --> 00:09:11,983
CERRETA:
Excuse me, Mrs. Driscoll
204
00:09:11,985 --> 00:09:13,051
we have to ask.
205
00:09:13,053 --> 00:09:15,754
Did you consider
calling a doctor?
206
00:09:15,756 --> 00:09:18,223
We should have prayed harder.
207
00:09:18,225 --> 00:09:20,859
Maybe it's our fault.
208
00:09:20,861 --> 00:09:22,260
It's faith.
209
00:09:22,262 --> 00:09:23,862
That's what religion is.
210
00:09:23,864 --> 00:09:25,230
LOGAN:
You call that religion?
211
00:09:25,232 --> 00:09:27,065
Neglecting a dying child?
212
00:09:27,067 --> 00:09:29,868
Now, you see,
I call that irresponsible.
213
00:09:29,870 --> 00:09:31,236
Mike.
214
00:09:31,238 --> 00:09:32,571
Sorry.
215
00:09:32,573 --> 00:09:33,872
We're used to it.
216
00:09:33,874 --> 00:09:35,574
Is that all?
217
00:09:35,576 --> 00:09:37,108
There's just one thing.
218
00:09:37,110 --> 00:09:40,078
You were gone
Wednesday and Thursday?
219
00:09:40,080 --> 00:09:41,980
I had no choice.
220
00:09:41,982 --> 00:09:45,850
Look, we talked three
or four times a day.
221
00:09:45,852 --> 00:09:47,285
Dinah's fever was down.
222
00:09:47,287 --> 00:09:49,588
Nancy thought
she was better.
223
00:09:49,590 --> 00:09:51,823
Our prayers were working.
224
00:09:51,825 --> 00:09:54,225
At any time,
over the five or six days,
225
00:09:54,227 --> 00:09:55,860
did you get any help for Dinah?
226
00:09:55,862 --> 00:09:57,829
Of course we did.
227
00:09:57,831 --> 00:10:02,267
Sharon Barlow-- she's
a church medical practitioner.
228
00:10:02,269 --> 00:10:04,636
Do you have
any medical training?
229
00:10:04,638 --> 00:10:07,272
Any chemistry, biology,
first aid, anything?
230
00:10:07,274 --> 00:10:08,873
Church training.
231
00:10:08,875 --> 00:10:10,976
Spiritual healing.
232
00:10:10,978 --> 00:10:13,412
Mm-hmm.
233
00:10:13,413 --> 00:10:15,847
So, then, you're what--
a kind of nurse?
234
00:10:17,851 --> 00:10:21,920
You think I don't know
what's going on here, Detective?
235
00:10:21,922 --> 00:10:25,190
Your job
is to prosecute our church.
236
00:10:25,192 --> 00:10:28,860
If you believed what we believe,
you'd understand.
237
00:10:28,862 --> 00:10:31,096
We are trying to find out
what you believe.
238
00:10:31,098 --> 00:10:32,831
Help us out.
239
00:10:32,833 --> 00:10:36,001
We treat the sick with prayer.
240
00:10:36,003 --> 00:10:38,370
We tried everything
241
00:10:38,372 --> 00:10:39,938
to lower her fever.
242
00:10:39,940 --> 00:10:42,874
We prayed, cold baths.
243
00:10:42,876 --> 00:10:44,943
We fed her, we used
rubbing alcohol.
244
00:10:44,945 --> 00:10:47,646
When we ran out,
we called the drugstore
245
00:10:47,648 --> 00:10:48,913
for more.
Drugstore?
246
00:10:48,915 --> 00:10:49,848
Which one?
247
00:10:49,850 --> 00:10:52,083
( scoffs )
248
00:10:52,085 --> 00:10:54,919
I think I have the receipt.
249
00:11:04,264 --> 00:11:07,098
Tax deduction, huh?
250
00:11:07,100 --> 00:11:09,100
What did those people do?
251
00:11:09,102 --> 00:11:11,102
It was rubbing alcohol, man,
not speed.
252
00:11:11,104 --> 00:11:12,971
Hey, look, you remember
them or what?
253
00:11:12,973 --> 00:11:15,707
Oh, yeah, guy opens the door,
he's holding a kid
254
00:11:15,709 --> 00:11:17,142
two ladies,
they're picking at each other.
255
00:11:17,144 --> 00:11:18,977
All right, so what
did they look like?
256
00:11:18,979 --> 00:11:21,179
This old lady,
she's telling the mom
257
00:11:21,181 --> 00:11:22,313
"Pray harder,
the kid will get better"
258
00:11:22,315 --> 00:11:24,949
"believe in God"--
that kind of stuff.
259
00:11:24,951 --> 00:11:26,051
Start again.
260
00:11:26,053 --> 00:11:27,952
Praying
or fighting?
261
00:11:27,954 --> 00:11:29,988
Fighting, man, fighting
262
00:11:29,990 --> 00:11:31,956
The father tells them
to keep it down,
263
00:11:31,958 --> 00:11:34,893
gives the kid to the old lady,
and he pays me.
264
00:11:34,895 --> 00:11:36,094
But you kept
listening, right?
265
00:11:36,096 --> 00:11:38,296
I couldn't help it;
the elevator was busted,
266
00:11:38,298 --> 00:11:39,998
so I had to take the stairs.
267
00:11:40,000 --> 00:11:42,033
Now, the apartment door's
still open.
268
00:11:42,035 --> 00:11:46,137
Then, the woman,
the young one, she jets by me.
269
00:11:49,342 --> 00:11:51,009
MAN:
87 Apartments.
270
00:11:51,011 --> 00:11:53,011
You think I see everybody
who comes and goes?
271
00:11:53,013 --> 00:11:56,081
CERRETA:
How long you been
on this door, Mike?
272
00:11:56,083 --> 00:11:58,166
31 Years.
273
00:11:58,167 --> 00:12:00,250
You know what time every man,
woman, and child in here pees.
274
00:12:00,253 --> 00:12:04,022
Thursday, 10:00,
Mrs. Driscoll.
275
00:12:04,024 --> 00:12:06,925
She ran by crying,
face all puffy.
276
00:12:06,927 --> 00:12:08,493
Look, their kid's dead.
277
00:12:08,495 --> 00:12:10,028
They don't need
more trouble.
278
00:12:10,030 --> 00:12:11,996
Did you see
which way she went?
279
00:12:11,998 --> 00:12:14,299
( sighs )
Coffee shop
on the corner.
280
00:12:14,301 --> 00:12:16,735
5'6", brunette.
281
00:12:16,737 --> 00:12:19,204
Which one of the four
million you have in mind?
282
00:12:19,206 --> 00:12:20,739
She might
have been crying.
283
00:12:20,741 --> 00:12:22,373
The food here,
no wonder.
284
00:12:22,375 --> 00:12:23,374
Elaine!
285
00:12:23,376 --> 00:12:24,509
Tuesday night,
10:00.
286
00:12:24,511 --> 00:12:27,245
You see a brunette
in here crying?
287
00:12:27,247 --> 00:12:28,780
What did she do?
288
00:12:28,782 --> 00:12:30,432
Did you wait on her?
289
00:12:30,433 --> 00:12:32,083
I tried to get her
to eat something,
290
00:12:32,085 --> 00:12:33,384
stop crying.
291
00:12:33,386 --> 00:12:36,254
No sale.
Only coffee-- three cups,
292
00:12:36,256 --> 00:12:38,123
spiked with bourbon.
293
00:12:43,196 --> 00:12:44,729
Mm-hmm. Freedom of religion,
294
00:12:44,730 --> 00:12:46,263
that gives you the right
to commit homicide?
295
00:12:46,266 --> 00:12:49,200
The penal law allows
a single affirmative defense
296
00:12:49,202 --> 00:12:50,802
to endangering
the welfare of a child--
297
00:12:50,804 --> 00:12:52,937
spiritual healing
by an organized religion.
298
00:12:52,939 --> 00:12:54,806
That's
in the law?
299
00:12:54,808 --> 00:12:57,108
In '73, Congress passed
a child abuse bill,
300
00:12:57,110 --> 00:12:59,444
$85 million to the states.
301
00:12:59,446 --> 00:13:02,213
ATW regulations said any state
302
00:13:02,215 --> 00:13:04,516
without a spiritual healing
exemption didn't get money.
303
00:13:04,518 --> 00:13:06,918
This is unbelievable.
304
00:13:06,920 --> 00:13:08,253
In New York?
305
00:13:08,255 --> 00:13:10,221
And 43 other states.
306
00:13:10,223 --> 00:13:11,823
But the law says endangering.
307
00:13:11,825 --> 00:13:13,358
These people let the kid die.
308
00:13:13,360 --> 00:13:15,226
To convict on manslaughter?
309
00:13:15,228 --> 00:13:16,494
A couple of steps.
310
00:13:16,496 --> 00:13:18,797
First, convince the jury
not to apply
311
00:13:18,799 --> 00:13:20,465
the spiritual healing defense
to homicide.
312
00:13:20,467 --> 00:13:23,168
Convince them? Hell, the judge
will just tell them not to.
313
00:13:23,170 --> 00:13:24,536
You know juries.
314
00:13:24,538 --> 00:13:26,838
They'll do
whatever they think is right.
315
00:13:26,840 --> 00:13:30,508
Next, prove the parents didn't
believe prayer would work.
316
00:13:30,510 --> 00:13:31,976
Forget that.
317
00:13:31,978 --> 00:13:33,444
No matter what we think
of their religion,
318
00:13:33,446 --> 00:13:35,213
it's obvious
they believed in it,
319
00:13:35,215 --> 00:13:36,915
and they believed their kid
wasn't sick enough to die.
320
00:13:36,917 --> 00:13:38,917
If we could prove it
321
00:13:38,919 --> 00:13:40,251
then we could prove
the manslaughter--
322
00:13:40,253 --> 00:13:42,520
show they recklessly caused
a death.
323
00:13:42,522 --> 00:13:44,989
Great, so we got to show
they didn't believe in prayer
324
00:13:44,991 --> 00:13:46,825
and they knew
the kid could die?
325
00:13:46,827 --> 00:13:48,393
Looks like mom believed
in bourbon
326
00:13:48,395 --> 00:13:50,228
more than she did prayer.
327
00:13:50,230 --> 00:13:51,529
I thought they didn't drink.
328
00:13:51,531 --> 00:13:53,365
People like this,
329
00:13:53,366 --> 00:13:55,200
they start wondering wonder if
prayer is going to do the trick.
330
00:13:55,202 --> 00:13:56,885
What happens?
331
00:13:56,886 --> 00:13:58,569
I'll be you they're not
the only ones ever called God
332
00:13:58,572 --> 00:14:00,872
and got his answering machine.
333
00:14:00,874 --> 00:14:04,943
If she was upset enough
to break church law on drinking,
334
00:14:04,945 --> 00:14:08,513
maybe she had doubts
about spiritual healing.
335
00:14:08,515 --> 00:14:10,582
Well, how are we going
to prove that--
336
00:14:10,584 --> 00:14:12,283
subpoena her mind?
337
00:14:12,285 --> 00:14:14,519
Maybe she talked to some
of the other church members.
338
00:14:14,521 --> 00:14:16,554
LOGAN:
So maybe we do get
a subpoena...
339
00:14:16,556 --> 00:14:18,923
for the church membership list.
340
00:14:18,925 --> 00:14:21,392
"Your Honor,
forget the first amendment.
341
00:14:21,394 --> 00:14:23,228
We want a subpoena."
342
00:14:23,230 --> 00:14:26,397
I wouldn't bet the ranch
on that one.
343
00:14:26,399 --> 00:14:28,233
You don't get some information
on these people--
344
00:14:28,235 --> 00:14:30,001
how religious they are,
what goes on in that church--
345
00:14:30,003 --> 00:14:32,303
you don't have a case.
346
00:14:32,305 --> 00:14:34,572
What did that minister say?
347
00:14:34,574 --> 00:14:36,040
They had all been
out in New Jersey?
348
00:14:36,042 --> 00:14:37,242
Hanover.
349
00:14:37,244 --> 00:14:39,244
Let's go check out that town.
350
00:14:41,448 --> 00:14:44,315
If they had any doubts
about prayer working,
351
00:14:44,317 --> 00:14:46,584
they're guilty.
Yeah, I know,
I know.
352
00:14:46,586 --> 00:14:48,519
It's easy for you and
Robinette and Cragen.
353
00:14:48,521 --> 00:14:50,054
What the hell
does that mean?
354
00:14:50,056 --> 00:14:51,522
You don't have kids.
355
00:14:51,524 --> 00:14:54,959
Look, the adult world is
divided into two groups:
356
00:14:54,961 --> 00:14:57,061
the ones who have kids
and the ones who don't.
357
00:14:57,063 --> 00:14:58,930
You can't understand
what a parent feels,
358
00:14:58,932 --> 00:15:01,266
and I will guarantee
you one thing:
359
00:15:01,268 --> 00:15:03,368
they loved that kid.
And if...
360
00:15:03,370 --> 00:15:05,336
And if they had any
doubts prayer working,
361
00:15:05,338 --> 00:15:09,040
and we can prove it,
I'll be the first guy
out with my cuffs.
362
00:15:10,377 --> 00:15:11,509
Personally?
363
00:15:11,511 --> 00:15:14,245
I don't trust a man
who never drinks.
364
00:15:14,247 --> 00:15:15,647
These All Saints
people--
365
00:15:15,649 --> 00:15:17,382
must have been
40, 50 of them--
366
00:15:17,384 --> 00:15:18,917
they were
good neighbors.
367
00:15:18,919 --> 00:15:20,618
They all moved out,
right?
368
00:15:20,620 --> 00:15:22,620
Everyone knew they
weren't going to stay.
369
00:15:22,622 --> 00:15:24,555
When they came,
they didn't buy houses,
370
00:15:24,557 --> 00:15:26,257
they only rented.
371
00:15:26,258 --> 00:15:27,958
They used an old farmhouse
as a church.
372
00:15:27,961 --> 00:15:30,361
Work? Commuting--
the city, Newark, Princeton.
373
00:15:30,363 --> 00:15:32,664
Tells you
they're not putting down roots.
374
00:15:32,666 --> 00:15:33,965
Listen.
375
00:15:33,967 --> 00:15:35,099
Driscoll-- husband and wife.
376
00:15:35,101 --> 00:15:36,367
Ring any bells?
377
00:15:36,369 --> 00:15:40,071
Nah, but I'm brain dead.
378
00:15:40,073 --> 00:15:41,039
Boredom.
379
00:15:41,041 --> 00:15:43,341
CERRETA:
Chief?
380
00:15:43,343 --> 00:15:44,676
You got a newspaper
in this town?
381
00:15:44,678 --> 00:15:46,644
Yeah, Hanover Union,
the county weekly.
382
00:15:46,646 --> 00:15:48,012
It's right down the street.
383
00:15:48,014 --> 00:15:49,047
City cops.
384
00:15:49,049 --> 00:15:51,115
It will make their month.
385
00:15:55,588 --> 00:15:57,121
Mabel Gardner, 96,
386
00:15:57,123 --> 00:15:59,057
found dead
in her living room.
387
00:15:59,059 --> 00:16:02,527
Body wasn't discovered
for three days.
388
00:16:02,529 --> 00:16:04,529
Milkman did it.
389
00:16:04,531 --> 00:16:07,098
Makes you want to move,
doesn't it?
390
00:16:07,100 --> 00:16:08,533
Anymore of this,
391
00:16:08,535 --> 00:16:11,469
and I'm going
to be brain dead.
392
00:16:13,406 --> 00:16:15,673
"Baby Died at Home."
393
00:16:15,675 --> 00:16:18,409
Daniel Driscoll, six years ago.
394
00:16:18,411 --> 00:16:20,411
Two years old.
395
00:16:20,413 --> 00:16:22,697
The Driscolls
wanted a headstone.
396
00:16:22,698 --> 00:16:24,982
We have a park-type cemetery--
plaques level with the grass.
397
00:16:24,985 --> 00:16:27,752
It's a neater look,
easier maintenance.
398
00:16:27,754 --> 00:16:28,753
It says here
399
00:16:28,755 --> 00:16:30,688
the boy died
of influenza.
400
00:16:30,690 --> 00:16:32,123
Anybody do an autopsy?
401
00:16:32,125 --> 00:16:33,758
Nobody thought anything
was wrong.
402
00:16:33,760 --> 00:16:35,760
Mm-hmm. Died at home.
403
00:16:35,762 --> 00:16:38,162
Says the boy is survived
by an aunt.
404
00:16:38,164 --> 00:16:41,165
Eleanor Harding-- she owns
a stationery store in town.
405
00:16:41,167 --> 00:16:43,701
I thought everybody from
the church moved into the city?
406
00:16:43,703 --> 00:16:46,104
Everybody except Eleanor.
407
00:16:46,106 --> 00:16:47,739
Never showing doubt.
408
00:16:47,741 --> 00:16:50,441
( scoffs )
Never showing fear.
409
00:16:50,443 --> 00:16:52,043
God's will is supreme,
410
00:16:52,045 --> 00:16:55,613
and if you don't believe
that, you're a sinner.
411
00:16:55,615 --> 00:16:56,714
Another life.
412
00:16:56,716 --> 00:16:57,782
It's behind me.
413
00:16:57,784 --> 00:16:59,717
But there must be reasons
414
00:16:59,719 --> 00:17:01,486
why you didn't move
with your brother.
415
00:17:04,357 --> 00:17:05,790
Okay, I'll give you one.
416
00:17:05,792 --> 00:17:08,760
Um... seven, eight years ago
417
00:17:08,762 --> 00:17:11,529
I flew with Ted and Nancy
up to Albany
418
00:17:11,531 --> 00:17:12,764
for a church meeting.
419
00:17:12,766 --> 00:17:16,667
We hit a thunderstorm,
got struck by lightning.
420
00:17:16,669 --> 00:17:18,736
The plane dropped 10,000 feet.
421
00:17:18,738 --> 00:17:19,771
I was terrified.
422
00:17:19,773 --> 00:17:21,806
I thought we were all dead,
423
00:17:21,808 --> 00:17:25,076
And Ted says,
"We're all in God's hands."
424
00:17:25,078 --> 00:17:27,111
And that made you stay here?
425
00:17:27,113 --> 00:17:30,615
Well, between you and me,
I trusted the pilot over God.
426
00:17:30,617 --> 00:17:34,385
When Daniel died,
I joined a group.
427
00:17:34,387 --> 00:17:39,390
We lobbied to have the spiritual
healing laws repealed.
428
00:17:39,392 --> 00:17:42,060
( chuckles )
Doesn't make for family picnics.
429
00:17:42,062 --> 00:17:44,595
Did you know Dinah was sick?
430
00:17:44,597 --> 00:17:45,797
I called Nancy.
431
00:17:45,799 --> 00:17:48,166
I pleaded with her
to go to a doctor.
432
00:17:48,168 --> 00:17:50,468
You didn't call your brother?
433
00:17:52,672 --> 00:17:58,509
When that plane was vibrating,
Nancy was scared witless, too.
434
00:18:02,782 --> 00:18:05,450
Are you suggesting
we neglected Daniel?!
435
00:18:05,452 --> 00:18:07,785
Having two children die
is a terrible tragedy.
436
00:18:07,787 --> 00:18:09,087
It's also
terribly long odds.
437
00:18:09,089 --> 00:18:11,189
Odds? God
doesn't gamble.
438
00:18:11,191 --> 00:18:14,125
What about this fight
you and your wife had?
439
00:18:14,127 --> 00:18:16,194
Our religion asks for
spiritual progress,
440
00:18:16,196 --> 00:18:17,529
not perfection.
441
00:18:17,530 --> 00:18:18,863
Would you mind telling us
what it was about?
442
00:18:18,865 --> 00:18:21,165
Did your wife
want medical help?
443
00:18:21,167 --> 00:18:24,168
Whatever my wife wanted,
I don't have to tell you.
444
00:18:24,170 --> 00:18:25,603
That's the law.
445
00:18:25,605 --> 00:18:27,238
The law also says
parents are responsible
446
00:18:27,240 --> 00:18:29,107
for their children's welfare.
447
00:18:29,109 --> 00:18:31,209
CERRETA:
I've got five.
448
00:18:31,211 --> 00:18:34,846
I couldn't sit by
and watch one of my them die.
449
00:18:36,149 --> 00:18:38,683
If you have anything more
you want to ask me,
450
00:18:38,685 --> 00:18:41,486
get a subpoena.
451
00:18:43,523 --> 00:18:46,157
Ted and I had
a mild disagreement.
452
00:18:46,159 --> 00:18:47,291
LOGAN:
About Dinah?
453
00:18:47,293 --> 00:18:49,260
Do you have children?
454
00:18:51,598 --> 00:18:54,765
A sick child
can make you anxious.
455
00:18:56,603 --> 00:18:58,736
Anxious enough
to take three drinks?
456
00:18:58,738 --> 00:19:00,671
CERRETA:
I thought your church
457
00:19:00,673 --> 00:19:02,673
didn't allow drinking,
Mrs. Driscoll?
458
00:19:04,744 --> 00:19:06,477
I'm fallible.
459
00:19:06,479 --> 00:19:07,845
God isn't.
460
00:19:07,847 --> 00:19:09,147
Did you want
461
00:19:09,149 --> 00:19:10,581
to call a doctor?
462
00:19:10,583 --> 00:19:11,849
Did your husband
stop you from that?
463
00:19:11,851 --> 00:19:16,888
( phone rings )
464
00:19:20,860 --> 00:19:23,761
Hello?
465
00:19:23,763 --> 00:19:26,564
Yes, they're here.
466
00:19:29,869 --> 00:19:31,769
I will.
467
00:19:31,771 --> 00:19:33,838
I'll see you later.
468
00:19:35,875 --> 00:19:37,275
My husband says
469
00:19:37,277 --> 00:19:39,844
that if you have
any more questions,
470
00:19:39,846 --> 00:19:43,214
he wants you to call
the Reverend Henry Morley.
471
00:19:43,216 --> 00:19:44,715
Spiritual advice?
472
00:19:44,717 --> 00:19:46,617
No, legal.
473
00:19:46,619 --> 00:19:49,287
He'll give you the name
of our lawyer.
474
00:19:51,824 --> 00:19:53,224
Go to the DA?
475
00:19:53,226 --> 00:19:54,225
With what?
476
00:19:54,227 --> 00:19:55,927
We've still got nothing.
477
00:19:55,929 --> 00:19:57,762
She had a couple of drinks.
478
00:19:57,764 --> 00:19:59,297
Her sister-in-law thought
she had enough doubts
479
00:19:59,299 --> 00:20:01,599
to pressure her.
480
00:20:01,600 --> 00:20:03,900
Drinks, the sister-in law
thinking that she maybe
might have had doubts--
481
00:20:03,903 --> 00:20:06,337
that's going to convince a jury?
482
00:20:06,339 --> 00:20:08,306
Suppose she called
a doctor?
483
00:20:08,308 --> 00:20:09,874
Suppose she did?
484
00:20:09,876 --> 00:20:12,810
There can't be more than
4,000 or 5,000 in the city.
485
00:20:12,812 --> 00:20:13,945
What do you think?
486
00:20:13,947 --> 00:20:14,946
We start with "A"
and go forwards
487
00:20:14,948 --> 00:20:16,814
or "Z" and
work backwards?
488
00:20:16,816 --> 00:20:18,883
These people
don't have doctors.
489
00:20:18,885 --> 00:20:20,651
Who would they
even know to call?
490
00:20:20,653 --> 00:20:22,820
Well, how about 911?
491
00:20:22,822 --> 00:20:24,889
Computer printouts
of every call?
492
00:20:24,891 --> 00:20:28,559
They promised two years ago
and last year and this year,
493
00:20:28,561 --> 00:20:30,661
and now they promise
next year.
494
00:20:30,663 --> 00:20:32,263
We'll listen
to the tapes.
495
00:20:32,265 --> 00:20:33,898
What's the matter--
you fellows can't read?
496
00:20:33,900 --> 00:20:34,932
Check your logs
at the precinct.
497
00:20:34,934 --> 00:20:37,268
There's nothing
in the logs.
498
00:20:37,270 --> 00:20:40,304
2,000 calls a night.
499
00:20:40,306 --> 00:20:41,872
At least
they're short.
500
00:20:41,874 --> 00:20:45,977
CERRETA:
Grandma fell down
a flight of stairs.
501
00:20:48,948 --> 00:20:53,284
Daddy's beating up mommy.
502
00:20:53,286 --> 00:20:55,419
Auto accident.
503
00:20:58,858 --> 00:21:01,425
Boiler explosion.
504
00:21:01,427 --> 00:21:05,263
Want to move to a small town
in Jersey?
505
00:21:05,265 --> 00:21:07,898
They got a nice
police chief there.
506
00:21:07,900 --> 00:21:09,800
Nancy Driscoll?
507
00:21:11,838 --> 00:21:12,970
Ted.
508
00:21:18,311 --> 00:21:20,678
ROBINETTE:
What about a jury's
common sense?
509
00:21:20,680 --> 00:21:22,280
We can't indict him
and not her.
510
00:21:22,282 --> 00:21:23,881
The mother
may be morally guilty,
511
00:21:23,883 --> 00:21:25,383
but legally
she's got a good case.
512
00:21:25,385 --> 00:21:26,817
She seemed to trust
in God.
513
00:21:26,819 --> 00:21:28,402
Paul, I'm not
Saint Augustine.
514
00:21:28,403 --> 00:21:29,986
I can't make arguments to
a jury about the number
515
00:21:29,989 --> 00:21:31,622
of angels on the
head of a pin.
516
00:21:31,624 --> 00:21:32,890
But the moral issue's
in the law.
517
00:21:32,892 --> 00:21:34,692
She keeps her faith,
doesn't call a doctor.
518
00:21:34,694 --> 00:21:35,926
Under the law,
she looks innocent.
519
00:21:35,928 --> 00:21:37,295
Maybe she didn't
keep her faith.
520
00:21:37,297 --> 00:21:38,863
She ran from the
apartment, she drank.
521
00:21:38,865 --> 00:21:39,997
Maybe her crisis
of faith
522
00:21:39,999 --> 00:21:41,766
drove the husband
into one of his own.
523
00:21:41,768 --> 00:21:42,933
If he'd finished
the 911 call,
524
00:21:42,935 --> 00:21:44,702
the girl might be alive.
525
00:21:44,704 --> 00:21:46,671
Would be. Strep is
extremely treatable.
526
00:21:46,673 --> 00:21:48,306
It won't be easy
getting a conviction
527
00:21:48,308 --> 00:21:49,740
on either one of them.
528
00:21:51,077 --> 00:21:53,944
Rabbis, priests,
ministers--
529
00:21:53,946 --> 00:21:55,379
I'm debating theology
530
00:21:55,381 --> 00:21:56,947
with half the clergy
in the city.
531
00:21:56,949 --> 00:21:58,716
Tell them
the case isn't about theology.
532
00:21:58,718 --> 00:22:00,851
Tell them
it isn't about politics, either.
533
00:22:00,853 --> 00:22:02,920
Driscolls seem
like decent people.
534
00:22:02,922 --> 00:22:04,855
I sympathize with them.
535
00:22:04,857 --> 00:22:06,924
Because they're decent,
536
00:22:06,925 --> 00:22:08,992
it looks like
we're putting religion on trial.
537
00:22:08,995 --> 00:22:10,828
The spiritual healing law
shouldn't even be on the books.
538
00:22:11,798 --> 00:22:13,397
Oh, that's beautiful.
539
00:22:13,399 --> 00:22:15,733
Suddenly, we find ourselves
in Utopia.
540
00:22:15,735 --> 00:22:17,868
Politics is part
of the law, my friend.
541
00:22:17,870 --> 00:22:20,037
You need reminding,
spend a day in Albany.
542
00:22:20,039 --> 00:22:22,006
Does this mean we don't want
to indict?
543
00:22:22,008 --> 00:22:23,441
Think we have a choice?
544
00:22:23,443 --> 00:22:24,875
Do you?
545
00:22:24,877 --> 00:22:27,845
The mother drinking--
a case of impaired judgment.
546
00:22:27,847 --> 00:22:30,081
The father,
he started to make the call.
547
00:22:30,083 --> 00:22:32,016
If we walk away
from it now,
548
00:22:32,017 --> 00:22:33,950
looks like we never should have
investigated in the first place.
549
00:22:36,356 --> 00:22:38,389
Let's go with manslaughter two
550
00:22:38,391 --> 00:22:40,791
and endangering
the welfare of a child.
551
00:22:40,793 --> 00:22:41,959
With a lesser charge,
552
00:22:41,961 --> 00:22:43,828
we'll never convict
on manslaughter.
553
00:22:43,830 --> 00:22:44,862
What's better--
554
00:22:44,864 --> 00:22:46,030
half a win or none?
555
00:22:46,032 --> 00:22:48,799
Yeah, but the logic doesn't
play.
556
00:22:48,801 --> 00:22:51,035
If they endangered the child
enough for her to die,
557
00:22:51,037 --> 00:22:52,770
they're guilty of manslaughter.
558
00:22:52,772 --> 00:22:54,505
Illinois, Massachusetts,
Florida-- there isn't a DA
559
00:22:54,507 --> 00:22:56,774
that hasn't reached
the same conclusion.
560
00:22:56,776 --> 00:22:59,143
Leave both charges,
and do us all a favor.
561
00:22:59,145 --> 00:23:00,945
Take a plea.
562
00:23:00,947 --> 00:23:02,380
Man two.
563
00:23:02,382 --> 00:23:04,448
Lifetime probation.
564
00:23:04,450 --> 00:23:06,917
No jail time.
565
00:23:06,919 --> 00:23:08,953
BAILIFF:
Indictment number 6432:
566
00:23:08,955 --> 00:23:11,922
the People v. Theodore Driscoll
and Nancy Driscoll.
567
00:23:11,924 --> 00:23:14,925
The charges are manslaughter
in the second degree
568
00:23:14,927 --> 00:23:16,927
and endangering
the welfare of a child.
569
00:23:16,929 --> 00:23:21,699
JUDGE:
Are the defendants
ready to plead?
570
00:23:21,701 --> 00:23:22,933
BOTH:
Not guilty.
571
00:23:22,935 --> 00:23:25,836
I'll let you know up front,
Mr. Robinette,
572
00:23:25,838 --> 00:23:28,072
I don't see
a big bail number here.
573
00:23:28,074 --> 00:23:31,108
One of the charges, Your Honor,
is manslaughter.
574
00:23:31,110 --> 00:23:33,010
Yes, I know the seriousness
of the crime,
575
00:23:33,012 --> 00:23:34,812
but I'm looking
at the other factors.
576
00:23:34,814 --> 00:23:36,046
Mr. Carpenter.
577
00:23:36,048 --> 00:23:38,082
Your Honor, we ask
the defendants release
578
00:23:38,084 --> 00:23:39,950
on their own recognizance.
579
00:23:39,952 --> 00:23:42,953
Counselor, you know
I can't do that, either.
580
00:23:42,955 --> 00:23:47,158
Bail is set for each defendant
at $25,000.
581
00:23:49,429 --> 00:23:52,062
The tenants of their church
vis-à-vis doctors
582
00:23:52,064 --> 00:23:53,831
are well known.
583
00:23:53,833 --> 00:23:56,066
The Driscolls
have been members for years.
584
00:23:56,068 --> 00:23:59,103
Then why did your client
phone 911?
585
00:23:59,105 --> 00:24:00,438
One moment of weakness.
586
00:24:00,440 --> 00:24:01,439
You're a Catholic.
587
00:24:01,441 --> 00:24:02,740
Do you ever sin?
588
00:24:02,742 --> 00:24:03,874
That's sophistry, Lucius.
589
00:24:03,876 --> 00:24:05,976
I'm not here as a Catholic.
590
00:24:05,978 --> 00:24:08,412
I'm here as a lawyer.
591
00:24:08,413 --> 00:24:10,847
You're prosecuting Ted Driscoll
for making a phone call.
592
00:24:10,850 --> 00:24:12,917
I'm prosecuting Mr.
and Mrs. Driscoll
593
00:24:12,918 --> 00:24:14,985
for recklessly causing the death
of their child after he violated
594
00:24:14,987 --> 00:24:16,971
his church's teaching.
595
00:24:16,972 --> 00:24:18,956
A child who was born
into their faith.
596
00:24:18,958 --> 00:24:21,025
They want to martyr themselves
to religion, fine,
597
00:24:21,027 --> 00:24:23,461
but they don't have a right
to martyr their child!
598
00:24:23,463 --> 00:24:26,530
Convicting them of manslaughter
won't bring Dinah back.
599
00:24:26,532 --> 00:24:31,135
I want sick children to have
a chance at medical care.
600
00:24:31,137 --> 00:24:35,072
I'd expect
this kind of prosecution
601
00:24:35,074 --> 00:24:37,074
in Arizona, California,
602
00:24:37,076 --> 00:24:40,144
not in the most tolerant state
in the country.
603
00:24:40,146 --> 00:24:42,880
Well, I wouldn't try that
tolerance argument in court
604
00:24:42,882 --> 00:24:44,081
if I were you.
605
00:24:47,220 --> 00:24:49,053
Just once, for a lark,
606
00:24:49,055 --> 00:24:51,555
could you bring me in
on an easy case?
607
00:24:51,557 --> 00:24:54,124
I don't need a psychiatrist
with the easy ones, Susan.
608
00:24:54,126 --> 00:24:55,860
You know what kind
of jury we want?
609
00:24:55,862 --> 00:24:57,194
We want 12 people
with children,
610
00:24:57,196 --> 00:24:59,129
preferably all of whom
have strep throat.
611
00:24:59,131 --> 00:25:01,599
Carpenter's shrink?
Seymour Golden.
612
00:25:01,601 --> 00:25:02,933
Who's Seymour Golden?
613
00:25:02,935 --> 00:25:04,602
He gets $2,000 a day.
614
00:25:04,604 --> 00:25:06,971
Compared to him,
I'm a bargain.
615
00:25:09,809 --> 00:25:13,077
STONE:
in the papers, Mr. Madison?
616
00:25:13,079 --> 00:25:15,045
Didn't see it.
617
00:25:15,047 --> 00:25:16,514
Heard about it
on television?
618
00:25:16,516 --> 00:25:18,549
Like I say,
I didn't follow it.
619
00:25:18,551 --> 00:25:21,085
Do you have any strong
religious beliefs?
620
00:25:21,087 --> 00:25:22,253
I'm a Baptist.
621
00:25:22,255 --> 00:25:23,621
I believe in God.
622
00:25:23,623 --> 00:25:24,922
Thank you.
623
00:25:27,994 --> 00:25:30,044
Baptist.
624
00:25:30,045 --> 00:25:32,095
You think he'll sympathize
with fundamentalists?
625
00:25:32,098 --> 00:25:33,531
He worries me.
626
00:25:33,533 --> 00:25:34,665
Makes me nervous.
627
00:25:36,936 --> 00:25:40,070
I think he knows the difference
between church and state.
628
00:25:40,072 --> 00:25:41,972
Keep him.
629
00:25:41,974 --> 00:25:45,543
Guys, trust me.
630
00:25:45,545 --> 00:25:46,610
No challenge.
631
00:25:46,612 --> 00:25:48,112
No challenge.
632
00:25:50,016 --> 00:25:52,182
I have two girls, six and ten.
633
00:25:52,184 --> 00:25:54,118
Do you believe
parents have the right
634
00:25:54,119 --> 00:25:56,053
to care for children according
to their own customs?
635
00:25:56,055 --> 00:25:57,922
I do.
636
00:25:57,924 --> 00:25:59,223
Knowing what you do
about this case,
637
00:25:59,225 --> 00:26:02,059
do you think you can
be impartial?
638
00:26:02,061 --> 00:26:04,194
I love my children
so much,
639
00:26:04,196 --> 00:26:06,196
I can't imagine
parents who don't.
640
00:26:06,198 --> 00:26:09,233
In fact, I'm pregnant
with our third child right now.
641
00:26:09,235 --> 00:26:10,634
Thank you.
642
00:26:12,705 --> 00:26:14,104
She practically
announced
643
00:26:14,106 --> 00:26:16,073
she identifies
with Mrs. Driscoll.
644
00:26:16,075 --> 00:26:18,943
I know, but I don't think
she's going to like them
645
00:26:18,945 --> 00:26:21,178
watching that girl's fever
go up.
646
00:26:21,180 --> 00:26:22,880
ROBINETTE:
A pregnant mother,
647
00:26:22,882 --> 00:26:25,616
she'll carry
a lot of weight
in the jury room.
648
00:26:25,618 --> 00:26:28,252
My research shows that
she's going to go with the child
649
00:26:28,254 --> 00:26:30,087
and not the mother.
650
00:26:30,089 --> 00:26:32,289
No challenge.
651
00:26:32,291 --> 00:26:34,358
No challenge.
652
00:26:34,360 --> 00:26:37,127
I think the government ought
to keep its nose out of my life.
653
00:26:37,129 --> 00:26:38,662
STONE:
Mr. Nicholas,
654
00:26:38,663 --> 00:26:40,196
if it were contrary
to your own beliefs,
655
00:26:40,199 --> 00:26:41,932
would you be able
to accept
656
00:26:41,934 --> 00:26:43,934
the judges instruction
on the law?
657
00:26:43,936 --> 00:26:45,536
I understand
the difference
658
00:26:45,537 --> 00:26:47,137
between my point of
view and the law.
659
00:26:47,139 --> 00:26:49,707
I'll do what's right.
660
00:26:49,709 --> 00:26:52,076
Thank you.
661
00:26:53,112 --> 00:26:55,012
He's got four kids.
662
00:26:55,014 --> 00:26:56,380
He hates authority.
663
00:26:56,382 --> 00:26:58,349
It's bad for us.
664
00:27:05,157 --> 00:27:07,391
Peremptory challenge,
Your Honor.
665
00:27:07,393 --> 00:27:08,726
Four kids?
666
00:27:08,728 --> 00:27:11,028
What's your problem
with him?
667
00:27:11,030 --> 00:27:12,096
It's peremptory,
Lucius.
668
00:27:12,098 --> 00:27:15,099
I don't need a reason.
669
00:27:20,740 --> 00:27:22,706
The tragedy of this case
670
00:27:22,708 --> 00:27:26,110
is the death of Dinah Driscoll,
five years old.
671
00:27:26,112 --> 00:27:28,112
The greater tragedy
672
00:27:28,114 --> 00:27:30,414
is that her death
could have been prevented.
673
00:27:30,416 --> 00:27:32,116
The State will prove
674
00:27:32,118 --> 00:27:37,187
that Dinah Driscoll was ill
and in need of medical care.
675
00:27:37,189 --> 00:27:39,189
We will also prove
that the defendants
676
00:27:39,191 --> 00:27:42,426
denied her that care
677
00:27:42,428 --> 00:27:45,195
and knew its absence
would lead to her death.
678
00:27:45,197 --> 00:27:49,266
During this trial, you will hear
a great deal about religion.
679
00:27:49,268 --> 00:27:52,136
Nobody's religious beliefs
are on trial.
680
00:27:52,138 --> 00:27:55,773
What is on trial
is Dinah Driscoll's death.
681
00:27:55,775 --> 00:28:00,344
Did the defendants
violate their parental duty?
682
00:28:00,346 --> 00:28:06,417
Did they recklessly lead
Dinah Driscoll to her death?
683
00:28:06,419 --> 00:28:09,353
Dr. Stanbeck, please tell
the court your profession
684
00:28:09,355 --> 00:28:10,721
and current position.
685
00:28:10,723 --> 00:28:12,723
By training
I'm an oncologist--
686
00:28:12,725 --> 00:28:14,725
that's a cancer specialist--
687
00:28:14,727 --> 00:28:16,727
and I'm the chairman
688
00:28:16,729 --> 00:28:19,997
of the New York Council
on Medical Ethics.
689
00:28:19,999 --> 00:28:22,099
Have you written works
on the history of medicine?
690
00:28:22,101 --> 00:28:25,202
Yes, I'm the author
of two books on the subject--
691
00:28:25,204 --> 00:28:28,238
The Healer's Craft
and Life Before Death.
692
00:28:28,240 --> 00:28:31,141
Please tell the court about
the place of spiritual healing
693
00:28:31,143 --> 00:28:33,077
in the history of medicine.
694
00:28:33,079 --> 00:28:35,045
Well, prior to the 20th century,
695
00:28:35,047 --> 00:28:38,115
people were often desperate
for any relief from pain,
696
00:28:38,117 --> 00:28:41,185
and for thousands of years,
naturally, people prayed.
697
00:28:41,187 --> 00:28:44,354
In your expert opinion,
does prayer cure disease?
698
00:28:44,356 --> 00:28:45,389
Objection.
699
00:28:45,391 --> 00:28:47,858
He's not an expert on prayer.
700
00:28:47,860 --> 00:28:50,728
But he is an expert on disease.
701
00:28:50,730 --> 00:28:52,029
Overruled.
702
00:28:52,031 --> 00:28:53,197
The witness may answer.
703
00:28:53,199 --> 00:28:57,768
A virus can't hear a prayer
704
00:28:57,770 --> 00:29:00,337
any more than viruses
respond to leeches.
705
00:29:00,339 --> 00:29:02,206
For thousands of years,
706
00:29:02,208 --> 00:29:05,109
bacteria and viruses
killed people.
707
00:29:05,111 --> 00:29:08,212
Then we developed
sulfa drugs and antibiotics,
708
00:29:08,214 --> 00:29:10,781
and people lived.
709
00:29:10,783 --> 00:29:13,884
STONE:
Thank you.
710
00:29:13,886 --> 00:29:17,187
I'd say she had to be infected
for at least a week.
711
00:29:17,189 --> 00:29:20,257
What did you tell the defendant,
Nancy Driscoll?
712
00:29:20,259 --> 00:29:23,260
I said if we didn't clear
Dinah's lungs
713
00:29:23,262 --> 00:29:26,263
and get her temperature down,
she would die.
714
00:29:26,265 --> 00:29:29,299
And how did
Mrs. Driscoll respond?
715
00:29:29,301 --> 00:29:33,537
She refused permission
for us to treat her child.
716
00:29:33,539 --> 00:29:35,372
Thank you.
717
00:29:38,177 --> 00:29:42,179
Dr. Baumann, how long have
you been practicing medicine?
718
00:29:42,181 --> 00:29:43,280
Three years.
719
00:29:43,282 --> 00:29:46,483
Have you seen many
strep infections?
720
00:29:46,485 --> 00:29:50,187
Emergency room--
you don't see them very often...
721
00:29:50,189 --> 00:29:52,923
So you're not an expert
in strep?
722
00:29:52,925 --> 00:29:55,192
Please, I'm a doctor.
Really?
723
00:29:55,194 --> 00:29:57,327
Are you a doctor who can swear
724
00:29:57,329 --> 00:29:59,930
Dinah had been infected
for a week?
725
00:29:59,932 --> 00:30:03,300
In medicine nothing is certain,
but I know...
726
00:30:03,302 --> 00:30:04,568
Thank you.
727
00:30:04,570 --> 00:30:05,903
No further questions.
728
00:30:08,574 --> 00:30:10,307
What did Mrs. Driscoll say
729
00:30:10,309 --> 00:30:12,209
when you suggested
she get a doctor?
730
00:30:12,211 --> 00:30:14,278
She told me Dinah
was in God's hands.
731
00:30:14,280 --> 00:30:17,815
Tell the court why you left
the Church of All Saints?
732
00:30:17,817 --> 00:30:19,216
Objection.
733
00:30:19,218 --> 00:30:21,218
Relevance.
734
00:30:21,220 --> 00:30:22,303
Your Honor, her experience
735
00:30:22,304 --> 00:30:23,387
with the church's doctrine
is relevant.
736
00:30:24,356 --> 00:30:26,356
Overruled.
I'll allow it.
737
00:30:26,358 --> 00:30:28,192
Witness may answer.
738
00:30:28,194 --> 00:30:31,895
I left the church,
because I'd seen children die.
739
00:30:31,897 --> 00:30:32,930
Thank you.
740
00:30:32,932 --> 00:30:34,298
No more questions.
741
00:30:37,837 --> 00:30:40,971
You were raised
in the Church of All Saints,
742
00:30:40,973 --> 00:30:42,172
correct?
743
00:30:42,174 --> 00:30:43,307
Yes.
744
00:30:43,309 --> 00:30:45,509
And before you left
the church,
745
00:30:45,511 --> 00:30:48,345
did you believe
in its doctrines?
746
00:30:49,315 --> 00:30:51,248
Isn't it true
747
00:30:51,250 --> 00:30:53,984
that four years
before you left the church,
748
00:30:53,986 --> 00:30:56,854
you became ill
and took antibiotics,
749
00:30:56,856 --> 00:30:59,857
because you believed
they would save your life?
750
00:30:59,859 --> 00:31:01,258
Yes, that's true.
751
00:31:01,260 --> 00:31:04,461
Prayer clearly wasn't working.
752
00:31:04,463 --> 00:31:07,631
So the real reason you left
753
00:31:07,633 --> 00:31:11,635
is because you didn't accept
the church's doctrines
754
00:31:11,637 --> 00:31:13,437
for yourself.
755
00:31:13,439 --> 00:31:18,275
Isn't that right?
756
00:31:18,277 --> 00:31:20,477
No further questions.
757
00:31:20,479 --> 00:31:22,279
It's a winnable case.
758
00:31:22,281 --> 00:31:24,281
Yeah, listen Carpenter
is ready to deal.
759
00:31:24,283 --> 00:31:26,283
Take a plea
while you can.
760
00:31:26,285 --> 00:31:28,318
Only if they agree
never to participate
761
00:31:28,320 --> 00:31:30,020
in the spiritual healing
of a kid again.
762
00:31:30,022 --> 00:31:31,255
Does it matter?
763
00:31:31,257 --> 00:31:32,189
They don't have
any children.
764
00:31:32,191 --> 00:31:33,423
I don't care, Adam.
765
00:31:33,425 --> 00:31:35,192
I don't want them
convincing other parents
766
00:31:35,194 --> 00:31:36,260
to let their children die.
767
00:31:36,262 --> 00:31:37,427
All right, but
don't push it.
768
00:31:37,429 --> 00:31:38,428
Forget man two.
769
00:31:38,430 --> 00:31:40,430
Settle
for endangering.
770
00:31:41,934 --> 00:31:44,534
You're asking them
to turn against
their church.
771
00:31:44,536 --> 00:31:45,903
We're offering a plea
772
00:31:45,905 --> 00:31:47,671
where they walk away
from manslaughter.
773
00:31:47,673 --> 00:31:50,274
At the expense
of their religious beliefs.
774
00:31:52,645 --> 00:31:55,429
Endangering
the welfare of a child.
775
00:31:55,430 --> 00:31:58,214
However, in this plea bargain,
you agree never to participate
776
00:31:58,217 --> 00:32:01,251
in the spiritual healing
of another child.
777
00:32:03,656 --> 00:32:08,525
You can imprison my body
but not my soul.
778
00:32:08,527 --> 00:32:12,629
You know, when I was growing up,
my parents told me
779
00:32:12,631 --> 00:32:15,432
about the separation
of church and state.
780
00:32:15,434 --> 00:32:18,602
How proud they were
of their country.
781
00:32:18,604 --> 00:32:21,071
Do you live in the same country
I do, Mr. Stone?
782
00:32:21,073 --> 00:32:24,041
Please, reconsider.
783
00:32:39,525 --> 00:32:43,060
They've made their decision.
784
00:32:43,062 --> 00:32:45,963
And I've made up my mind.
785
00:32:45,965 --> 00:32:48,298
I'll see you in court.
786
00:32:53,472 --> 00:32:56,073
I heal with prayer.
787
00:32:56,075 --> 00:32:57,341
It didn't heal Dinah.
788
00:32:57,343 --> 00:32:58,675
Her fever went down.
789
00:32:58,677 --> 00:33:00,077
And she died.
790
00:33:00,079 --> 00:33:01,144
Did you ever go to a doctor?
791
00:33:01,146 --> 00:33:02,412
No.
792
00:33:02,414 --> 00:33:04,081
Do you wear glasses.
793
00:33:04,083 --> 00:33:06,149
I saw an optometrist.
794
00:33:06,151 --> 00:33:08,418
Eyeglasses aren't cures
for disease.
795
00:33:08,420 --> 00:33:10,487
They're aids to living.
796
00:33:10,489 --> 00:33:12,539
So you believe
that poor eyesight
797
00:33:12,540 --> 00:33:14,590
isn't a part of God's will,
but letting a five-year-old die
798
00:33:14,593 --> 00:33:16,560
from something
that can be cured like that is.
799
00:33:16,562 --> 00:33:18,061
Your Honor,
800
00:33:18,063 --> 00:33:20,180
I move for a mistrial.
801
00:33:20,181 --> 00:33:22,298
This questioning on religion
is impermissible.
802
00:33:22,301 --> 00:33:23,433
Approach.
803
00:33:25,170 --> 00:33:27,070
Your Honor,
we're within the limits.
804
00:33:27,072 --> 00:33:28,171
Maybe.
805
00:33:28,173 --> 00:33:30,240
I want this thing
settled quickly.
806
00:33:30,242 --> 00:33:32,275
You'll have motions
in my chambers
807
00:33:32,277 --> 00:33:34,277
tomorrow morning at 10:00,
808
00:33:34,279 --> 00:33:36,279
and we'll discuss
them at 1:00.
809
00:33:36,281 --> 00:33:37,714
And hold down
the verbiage, okay?
810
00:33:37,716 --> 00:33:42,552
You give me a hundred pages,
I'll be very upset.
811
00:33:42,554 --> 00:33:45,589
Court's adjourned.
812
00:33:45,591 --> 00:33:47,557
Did I misread this?
813
00:33:47,559 --> 00:33:50,660
Well, if you did,
I misread it the same way.
814
00:33:50,662 --> 00:33:52,162
U.S. V. Ballard.
815
00:33:52,164 --> 00:33:53,497
The Supreme Court says
816
00:33:53,499 --> 00:33:55,465
"The truth of their
religious beliefs
817
00:33:55,467 --> 00:33:58,301
should not be submitted
to the jury."
818
00:33:58,303 --> 00:34:02,105
I didn't ask Sharon Barlow
whether her beliefs were true,
819
00:34:02,107 --> 00:34:04,391
did I?
820
00:34:04,392 --> 00:34:06,676
No, but you did disparage them
with your attitude.
821
00:34:06,678 --> 00:34:10,480
My attitude's not
in the transcript.
822
00:34:10,482 --> 00:34:13,116
SCHIFF:
Gentlemen.
823
00:34:13,118 --> 00:34:16,486
We're in the clear?
824
00:34:16,488 --> 00:34:19,356
Carpenter's scared.
He knows where your case ends.
825
00:34:19,358 --> 00:34:21,625
If we ever get there.
826
00:34:21,627 --> 00:34:24,361
If we do,
we're going to lose on Nancy.
827
00:34:24,363 --> 00:34:25,595
Could go the other way.
828
00:34:25,597 --> 00:34:27,731
The father may
feel sorry for her
829
00:34:27,733 --> 00:34:31,701
and the mother,
religion or not
830
00:34:31,703 --> 00:34:34,604
she told the doctors
not to operate
831
00:34:34,606 --> 00:34:37,607
and she had those drinks.
832
00:34:37,609 --> 00:34:39,509
Oh, by the way,
Judge Kurland--
833
00:34:39,511 --> 00:34:41,511
thinks he's William O. Douglas.
834
00:34:41,513 --> 00:34:43,313
Make your motion simple.
835
00:34:43,315 --> 00:34:46,783
He'll never understand it.
836
00:34:46,785 --> 00:34:50,153
This is a fine line,
Mr. Carpenter.
837
00:34:50,155 --> 00:34:52,155
And Mr. Stone crossed it.
838
00:34:52,157 --> 00:34:57,561
The spiritual healing defense
does not give you the right
839
00:34:57,563 --> 00:34:59,729
to dissect her beliefs.
840
00:34:59,731 --> 00:35:02,265
That's an interesting
approach, Counselor.
841
00:35:02,267 --> 00:35:05,535
You want your clients acquitted
on the basis of their belief
842
00:35:05,537 --> 00:35:07,621
in spiritual healing,
843
00:35:07,622 --> 00:35:09,706
but you don't want that healing
discussed in court.
844
00:35:09,708 --> 00:35:13,210
He can ask whether
she believes in God's power.
845
00:35:13,212 --> 00:35:15,712
He cannot imply
her beliefs are stupid.
846
00:35:15,714 --> 00:35:17,747
Your clients aren't on
trial for their beliefs.
847
00:35:17,749 --> 00:35:18,782
They're on trial
for their actions.
848
00:35:18,784 --> 00:35:21,284
Their beliefs are action.
849
00:35:21,286 --> 00:35:23,753
KURLAND:
Oh, Counselor,
850
00:35:23,755 --> 00:35:26,490
I'm afraid that's nonsense,
and you know it.
851
00:35:26,492 --> 00:35:30,227
No, the law allows testimony
on the relevance of faith.
852
00:35:30,229 --> 00:35:32,229
The jury hasn't been asked
853
00:35:32,231 --> 00:35:34,564
to judge the truth
of that faith.
854
00:35:34,566 --> 00:35:36,566
Motion for mistrial denied.
855
00:35:36,568 --> 00:35:38,568
We'll resume at 2:00.
856
00:35:38,570 --> 00:35:41,571
On that night, the night
before their daughter died,
857
00:35:41,573 --> 00:35:44,441
did the Driscolls argue
about treating her?
858
00:35:46,812 --> 00:35:49,746
Nancy said that God
had taken one child from her.
859
00:35:49,748 --> 00:35:52,215
She didn't think
she could bear it
860
00:35:52,217 --> 00:35:53,483
if he took another.
861
00:35:53,485 --> 00:35:55,619
And how did Mr. Driscoll
respond?
862
00:35:55,621 --> 00:35:57,420
I'm not sure.
863
00:35:57,422 --> 00:36:00,223
They asked me
to leave Dinah's room.
864
00:36:00,225 --> 00:36:02,225
She... Mrs. Driscoll
was upset.
865
00:36:02,227 --> 00:36:06,229
After a few minutes, she came
out, and he followed her.
866
00:36:06,231 --> 00:36:07,631
And then what happened?
867
00:36:07,633 --> 00:36:08,798
They were shouting.
868
00:36:08,800 --> 00:36:10,767
Then, the drugstore delivery
arrived.
869
00:36:10,769 --> 00:36:12,736
Nancy left the apartment.
870
00:36:12,738 --> 00:36:15,805
Did Mr. Driscoll return
to the child's room?
871
00:36:15,807 --> 00:36:17,607
Not right away;
he went into the kitchen.
872
00:36:17,609 --> 00:36:19,342
How long was he gone?
873
00:36:19,344 --> 00:36:20,744
I don't remember.
874
00:36:20,746 --> 00:36:25,482
We offer into evidence
People's exhibit number 14--
875
00:36:25,484 --> 00:36:27,751
an emergency medical services
tape recording
876
00:36:27,753 --> 00:36:30,754
on the Tuesday night
in question
877
00:36:30,756 --> 00:36:33,757
and also an affidavit swearing
878
00:36:33,759 --> 00:36:36,793
that that is a copy
of the EMS master.
879
00:36:36,795 --> 00:36:39,629
And we request permission
to play the tape.
880
00:36:39,631 --> 00:36:40,764
Granted.
881
00:36:40,766 --> 00:36:42,566
Thank you.
882
00:36:46,905 --> 00:36:48,805
Yes, hello?
MAN:
883
00:36:48,807 --> 00:36:49,773
911 Emergency.
OPERATOR:
884
00:36:49,775 --> 00:36:50,774
It's my daughter.
885
00:36:50,776 --> 00:36:53,643
What's wrong with her?
Please!
886
00:36:53,645 --> 00:36:55,478
What's the problem,
sir?
She's terribly sick.
887
00:36:55,480 --> 00:36:56,846
Sir? Hello?
888
00:36:56,848 --> 00:36:58,715
with fever.
She's burning up
889
00:36:58,717 --> 00:37:01,785
Is it going down?
No, it's not
going down!
890
00:37:01,787 --> 00:37:04,154
what I need you to do.
All right, this is
891
00:37:04,155 --> 00:37:06,522
Sir, you've got to stay
on the line.
( background commotion )
892
00:37:06,525 --> 00:37:07,757
Sir, are you there?
893
00:37:07,759 --> 00:37:09,893
( dial tone )
894
00:37:09,895 --> 00:37:12,796
Do you recognize the voice
on that tape?
895
00:37:12,798 --> 00:37:15,932
Sounds like Ted Driscoll.
896
00:37:17,803 --> 00:37:19,469
Thank you.
897
00:37:21,807 --> 00:37:24,608
Ms. Barlow,
there are background voices
898
00:37:24,610 --> 00:37:27,611
and a great deal of static
on that tape.
899
00:37:27,613 --> 00:37:30,513
Are you certain
that's Ted Driscoll's voice?
900
00:37:30,515 --> 00:37:31,781
No.
901
00:37:31,783 --> 00:37:34,751
As I said,
it sounds like Ted's voice.
902
00:37:37,422 --> 00:37:40,423
If Mrs. Driscoll was there
when he called 911...
903
00:37:40,425 --> 00:37:42,392
Makes your case stronger
for both of them.
904
00:37:42,394 --> 00:37:44,527
Two parents--
joint decision.
905
00:37:44,529 --> 00:37:45,895
The housekeeper, Paul--
906
00:37:45,897 --> 00:37:48,531
she hasn't been in court,
has she?
907
00:37:48,533 --> 00:37:50,567
And not talking
to reporters.
908
00:37:50,569 --> 00:37:52,602
Go see her tonight.
909
00:37:53,605 --> 00:37:56,173
My friends,
910
00:37:56,174 --> 00:37:58,742
they want me to make trouble
for the Driscolls.
911
00:38:03,382 --> 00:38:06,883
Was Mrs. Driscoll there
when Mr. Driscoll made the call?
912
00:38:08,553 --> 00:38:10,754
I don't hate them.
913
00:38:10,756 --> 00:38:13,857
There's something you haven't
told us, isn't there?
914
00:38:16,495 --> 00:38:18,895
They have so much pain already.
915
00:38:18,897 --> 00:38:20,897
It was Dinah.
916
00:38:20,899 --> 00:38:22,832
She wanted a doctor.
917
00:38:22,834 --> 00:38:24,768
The child asked for a doctor?
918
00:38:24,770 --> 00:38:28,805
That night,
when the other lady was there,
919
00:38:28,807 --> 00:38:30,840
I was in Dinah's room.
920
00:38:30,842 --> 00:38:33,610
Dinah says she feels
so very sick.
921
00:38:33,612 --> 00:38:37,547
Her friend Susie's mom gets her
a doctor when she's sick.
922
00:38:37,549 --> 00:38:39,816
"Why can't I get a doctor?"
923
00:38:39,818 --> 00:38:43,653
Mrs. Driscoll told her,
"We don't believe in doctors."
924
00:38:49,828 --> 00:38:51,895
She's a tainted witness.
925
00:38:51,897 --> 00:38:55,899
It is grossly prejudicial,
not to mention it's hearsay.
926
00:38:55,901 --> 00:38:57,834
Two exceptions,
Your Honor.
927
00:38:57,836 --> 00:38:59,836
If he says
dying declaration
928
00:38:59,838 --> 00:39:01,838
by the victim
of a homicide...
929
00:39:01,840 --> 00:39:02,972
Calm down,
Counselor.
930
00:39:02,974 --> 00:39:05,775
He hasn't said
anything yet. Ben?
931
00:39:05,777 --> 00:39:07,777
Opinion testimony
by a lay witness
932
00:39:07,779 --> 00:39:09,779
on the emotional state
of Dinah Driscoll.
933
00:39:09,781 --> 00:39:11,014
Emotional state?
934
00:39:11,016 --> 00:39:13,450
You want her to testify
to what the child said.
935
00:39:13,452 --> 00:39:15,752
Anyway, that's no exception
to hearsay.
936
00:39:15,754 --> 00:39:17,921
Effect of a verbal act
on the parents.
937
00:39:17,923 --> 00:39:19,940
Statement not offered
for its truth.
938
00:39:19,941 --> 00:39:21,958
You do want the jury to believe
it's the truth?!
939
00:39:21,960 --> 00:39:24,861
No shouting in my chambers.
940
00:39:24,863 --> 00:39:27,464
I don't like it, Ben.
941
00:39:27,466 --> 00:39:28,965
The child obviously
can't testify,
942
00:39:28,967 --> 00:39:31,968
and let's face it,
it is prejudicial.
943
00:39:31,970 --> 00:39:34,471
The witness is not trustworthy.
944
00:39:34,473 --> 00:39:36,439
Not in my courtroom.
945
00:39:36,441 --> 00:39:38,007
Sorry.
946
00:39:38,009 --> 00:39:39,743
ROBINETTE:
It would have helped
to have gotten it in.
947
00:39:39,745 --> 00:39:41,010
It could have gone
both ways.
948
00:39:41,012 --> 00:39:43,713
He said they didn't
believe in doctors.
949
00:39:43,715 --> 00:39:45,582
But they both
made the call.
950
00:39:45,583 --> 00:39:47,450
I don't know-- I think
the possibility of conviction
951
00:39:47,452 --> 00:39:48,852
is on life-support.
952
00:39:48,854 --> 00:39:51,955
In the history of your church,
953
00:39:51,957 --> 00:39:56,960
have the attitudes towards
spiritual healing ever changed?
954
00:39:56,962 --> 00:39:59,829
We take biblical injunctions
literally.
955
00:39:59,831 --> 00:40:02,966
Have you witnessed
successful examples
956
00:40:02,968 --> 00:40:04,667
of spiritual
healing?
957
00:40:04,669 --> 00:40:06,069
They're all successful.
958
00:40:06,071 --> 00:40:08,638
CARPENTER:
Even if someone dies?
959
00:40:08,640 --> 00:40:13,843
Someone lives, someone dies--
it is all God's will.
960
00:40:13,845 --> 00:40:16,713
The soul is eternal.
961
00:40:16,715 --> 00:40:18,715
CARPENTER:
Thank you, sir.
962
00:40:18,717 --> 00:40:19,916
No further questions.
963
00:40:24,022 --> 00:40:26,489
Uh, Reverend Morley,
does your church's doctrine
964
00:40:26,491 --> 00:40:29,025
ever allow a doctor
to be called?
965
00:40:29,027 --> 00:40:31,561
Only in certain
extreme situations.
966
00:40:34,032 --> 00:40:37,867
And Dinah Driscoll's situation
was not extreme?
967
00:40:37,869 --> 00:40:41,538
If a mother's life is threatened
in childbirth,
968
00:40:41,540 --> 00:40:44,607
midwives or doctors
may be called.
969
00:40:44,609 --> 00:40:46,009
No other situation?
970
00:40:46,912 --> 00:40:48,645
No.
971
00:40:48,647 --> 00:40:50,880
So if I understand you
correctly,
972
00:40:50,882 --> 00:40:53,683
when a mother's life is in
danger, a doctor can be called,
973
00:40:53,685 --> 00:40:55,885
but if a child's life's
in danger,
974
00:40:55,887 --> 00:40:57,520
it's allowed to die?
975
00:40:57,522 --> 00:40:58,655
Objection.
976
00:40:58,657 --> 00:40:59,689
Withdrawn.
977
00:40:59,691 --> 00:41:02,125
Reverend, do you believe
978
00:41:02,127 --> 00:41:06,095
that all religious rituals
should be protected by law?
979
00:41:06,097 --> 00:41:08,031
Objection. Relevance.
980
00:41:08,033 --> 00:41:09,999
Overruled.
I'll allow it.
981
00:41:10,001 --> 00:41:14,103
I believe that the government
should follow the Constitution
982
00:41:14,105 --> 00:41:16,840
and allow us
freedom of religion.
983
00:41:16,842 --> 00:41:20,577
So that if a church doctrine
called for beating children
984
00:41:20,579 --> 00:41:22,645
or allowing them
to handle poisonous snakes...
985
00:41:22,647 --> 00:41:24,047
What if a religious ritual
986
00:41:24,049 --> 00:41:25,949
called for leaving children
naked in the snow?
987
00:41:25,951 --> 00:41:27,584
Objection.
988
00:41:27,586 --> 00:41:29,552
KURLAND:
Mr. Stone...
989
00:41:29,554 --> 00:41:32,021
Your Honor,
I'm through with this witness.
990
00:41:34,926 --> 00:41:38,027
CARPENTER:
Mrs. Driscoll,
do you blame yourself
991
00:41:38,029 --> 00:41:40,997
for your daughter's
death?
992
00:41:48,607 --> 00:41:51,741
I did what was right.
993
00:41:51,743 --> 00:41:53,109
Maybe if...
994
00:41:53,111 --> 00:41:57,013
if I had a fuller
understanding of God,
995
00:41:57,015 --> 00:41:59,015
Dinah would be alive.
996
00:42:00,118 --> 00:42:02,852
Are you planning
to have another child?
997
00:42:02,854 --> 00:42:05,088
Yes.
998
00:42:05,090 --> 00:42:07,156
If your third child
became sick,
999
00:42:07,158 --> 00:42:10,193
would you go to a doctor?
1000
00:42:11,963 --> 00:42:16,032
Only if spiritual healing
didn't help.
1001
00:42:16,034 --> 00:42:19,636
Only as a last resort.
1002
00:42:19,638 --> 00:42:22,639
Thank you.
1003
00:42:22,641 --> 00:42:24,908
No further questions.
1004
00:42:24,910 --> 00:42:27,010
Mrs. Driscoll,
we've heard testimony
1005
00:42:27,012 --> 00:42:29,846
that the night
before your daughter died
1006
00:42:29,848 --> 00:42:32,015
you and your husband argued
about treating her.
1007
00:42:32,017 --> 00:42:33,116
Is that true?
1008
00:42:33,118 --> 00:42:35,218
We had a disagreement.
1009
00:42:35,220 --> 00:42:37,186
Weren't you shouting?
1010
00:42:37,188 --> 00:42:40,089
We may have raised our voices.
1011
00:42:40,091 --> 00:42:42,025
And what did you
disagree about?
1012
00:42:42,027 --> 00:42:44,127
Calling a doctor.
1013
00:42:44,129 --> 00:42:46,829
Did Dinah want a doctor?
1014
00:42:46,831 --> 00:42:48,932
She wanted to know
why her friends
1015
00:42:48,934 --> 00:42:50,700
had doctors and she didn't.
1016
00:42:50,702 --> 00:42:53,002
And did you want
to summon medical help?
1017
00:42:58,143 --> 00:43:01,744
No one's faith is perfect.
1018
00:43:01,746 --> 00:43:04,013
Ted helped me
1019
00:43:04,015 --> 00:43:07,116
to recover my sense
of faith in God's will.
1020
00:43:07,118 --> 00:43:10,019
Answer the question,
Mrs. Driscoll.
1021
00:43:10,021 --> 00:43:13,089
I'm trying to, Your Honor.
1022
00:43:16,027 --> 00:43:18,161
I was afraid.
1023
00:43:18,163 --> 00:43:20,763
Ted and I talked.
1024
00:43:20,765 --> 00:43:22,899
What did you talk about?
1025
00:43:22,901 --> 00:43:23,900
Mr. Carpenter?
1026
00:43:23,902 --> 00:43:26,069
No objection, Your Honor.
1027
00:43:26,071 --> 00:43:30,907
The law does not require that
the witness answer questions
1028
00:43:30,909 --> 00:43:33,042
about her husband,
Mrs. Driscoll.
1029
00:43:33,044 --> 00:43:35,144
You may answer or not.
1030
00:43:37,148 --> 00:43:40,984
Ted said he couldn't stand
to see me so upset.
1031
00:43:47,125 --> 00:43:50,059
He said he wanted
to call a doctor.
1032
00:43:50,061 --> 00:43:53,997
He started
to call for help,
1033
00:43:53,999 --> 00:43:56,899
and I told him no.
1034
00:43:56,901 --> 00:44:00,303
He was putting his soul
in danger
1035
00:44:00,305 --> 00:44:03,039
to save Dinah's life
1036
00:44:03,041 --> 00:44:05,208
because of my pain.
1037
00:44:05,210 --> 00:44:08,011
Just because of me.
1038
00:44:11,883 --> 00:44:13,883
JUDGE:
To reach a guilty verdict
1039
00:44:13,885 --> 00:44:17,954
in the charge of manslaughter
in the second degree
1040
00:44:17,956 --> 00:44:20,323
the jury must find
1041
00:44:20,325 --> 00:44:23,926
that the defendants
recklessly caused the death
1042
00:44:23,928 --> 00:44:26,963
of Dinah Driscoll.
1043
00:44:26,964 --> 00:44:29,999
As to the charge of endangering
the welfare of a child,
1044
00:44:30,001 --> 00:44:33,870
I further instruct you
that the Church of All Saints
1045
00:44:33,872 --> 00:44:36,172
is a well-established church,
1046
00:44:36,174 --> 00:44:38,174
and you may not consider
1047
00:44:38,176 --> 00:44:41,110
the prudence
of spiritual healing.
1048
00:44:41,112 --> 00:44:44,013
Now you may consider
1049
00:44:44,015 --> 00:44:45,815
whether the defendants
1050
00:44:45,817 --> 00:44:48,985
at a time their daughter
was extremely ill,
1051
00:44:48,987 --> 00:44:52,955
sincerely believed
in the legitimacy
1052
00:44:52,957 --> 00:44:55,792
of their religion
1053
00:44:55,794 --> 00:44:59,862
to cure illness
without benefit of medical help.
1054
00:44:59,864 --> 00:45:01,164
He buried the distinction.
1055
00:45:01,166 --> 00:45:03,066
They will think
spiritual healing
1056
00:45:03,068 --> 00:45:04,934
is a defense for manslaughter.
1057
00:45:04,936 --> 00:45:06,302
Why did he do it?
1058
00:45:06,304 --> 00:45:07,804
Eight, nine other
state judges
1059
00:45:07,806 --> 00:45:09,939
frame their instructions
the same way.
1060
00:45:09,941 --> 00:45:11,407
He practically guarantees
acquittal
1061
00:45:11,409 --> 00:45:12,809
on endangering
and manslaughter.
1062
00:45:12,811 --> 00:45:14,177
They should acquit
on endangering.
1063
00:45:14,179 --> 00:45:16,079
That's what
the law says.
1064
00:45:16,081 --> 00:45:17,497
And manslaughter?
1065
00:45:17,498 --> 00:45:18,914
You think they will understand
the difference?
1066
00:45:18,917 --> 00:45:20,183
That's not
what worries me.
1067
00:45:20,185 --> 00:45:21,284
We know that,
technically,
1068
00:45:21,286 --> 00:45:23,019
they're guilty
of manslaughter
1069
00:45:23,021 --> 00:45:27,356
but does a jury
even want to make
the distinction?
1070
00:45:29,160 --> 00:45:31,294
The defendant,
Theodore Driscoll,
1071
00:45:31,296 --> 00:45:34,163
on the charge of endangering
the welfare of a child--
1072
00:45:34,165 --> 00:45:36,032
how does the jury find?
1073
00:45:36,034 --> 00:45:39,135
We find the defendant
not guilty.
1074
00:45:39,137 --> 00:45:41,204
The defendant,
Nancy Driscoll,
1075
00:45:41,206 --> 00:45:44,006
on the charge of endangering
the welfare of a child?
1076
00:45:44,008 --> 00:45:45,174
How does the jury find?
1077
00:45:45,176 --> 00:45:48,878
We find the defendant
not guilty.
1078
00:45:48,880 --> 00:45:51,180
The defendant,
Theodore Driscoll,
1079
00:45:51,182 --> 00:45:54,183
on the charge of manslaughter
in the second degree--
1080
00:45:54,185 --> 00:45:56,085
how does the jury find?
1081
00:45:56,087 --> 00:45:58,988
We find the defendant
1082
00:45:58,990 --> 00:46:01,057
guilty.
1083
00:46:01,059 --> 00:46:03,192
KURLAND:
The defendant,
Nancy Driscoll, on the charge
1084
00:46:03,194 --> 00:46:06,028
of manslaughter
in the second degree--
1085
00:46:06,030 --> 00:46:08,064
how does the jury find?
1086
00:46:08,066 --> 00:46:11,134
We find the defendant guilty.
1087
00:46:16,141 --> 00:46:18,141
It never ceases
to amaze me.
1088
00:46:18,143 --> 00:46:19,475
Juries?
1089
00:46:19,477 --> 00:46:22,078
To weed through
a complicated legal minefield,
1090
00:46:22,080 --> 00:46:23,212
get bad instructions
from the judge,
1091
00:46:23,214 --> 00:46:25,481
and still reach
the right verdict.
1092
00:46:25,483 --> 00:46:28,084
What do you think
Judge Kurland
will give them?
1093
00:46:28,086 --> 00:46:31,420
My guess? They won't spend
a night in jail.
1094
00:46:31,422 --> 00:46:33,356
Then what the hell's the point?
1095
00:46:33,358 --> 00:46:37,293
Well, it's on the books,
it got press.
1096
00:46:37,295 --> 00:46:39,962
Maybe next week, next month,
three years from now,
1097
00:46:39,964 --> 00:46:41,097
a parent will call a doctor
1098
00:46:41,099 --> 00:46:43,499
because they remember
this conviction
1099
00:46:43,501 --> 00:46:45,468
and a child won't die.
1100
00:46:45,470 --> 00:46:48,471
That's the point.
1101
00:46:48,473 --> 00:46:52,475
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1102
00:46:52,477 --> 00:46:56,012
Captioned by
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