Harry's Law (2011) s02e10 Episode Script
Purple Hearts
Voluntary manslaughter, three years.
That is a gift, you know it.
Here's our problem.
Our client is convinced she didn't do this.
I will never get her to admit to an intentional homicide.
Well, then I suggest you get her to a doctor, Harry.
We've already gotten her to seven.
And they pretty much say the same thing: she likely blocked it out.
I think I can sell her on negligent homicide.
I'll still give you the three years, Ben.
Why do you care? I care because negligent homicide is a mockery.
She just so happens to accidentally kill her baby who just so happens to be suffering from anencephaly? Look, you want her off the street, I get that.
But come on.
She belongs in a hospital, not a prison.
You know, I really don't believe that.
She murdered a child.
We've got a sympathetic client here.
We could easily get up there and argue the virtues of physician-assisted suicide.
What are you doing? I'm offering you guys three years for an intentional homicide.
Why are you not jumping at this? Because even if we were inclined to jump, the client won't.
And you told her she could get 25-to-life? We ran that by her, yeah.
She needs treatment, Ben.
I'm not in the treatment business.
Just prison.
So what now? Well, we may be forced to withdraw as counsel.
The day before the trial? Well, she's gonna have to testify.
We can't willingly put her on the stand to lie.
She wouldn't be lying if she thinks she didn't do it.
TOMMY: It's crooked.
Your other alternative is to challenge her competency.
It won't fly, she's already passed every competency test.
CASSIE: Well, then you need to read her the riot act now.
We already did.
(thud, grunt) (elevator bell dings) Oh, hello.
We can go right in my office.
Maybe you should tell them, Cassie.
- But I barely know them.
- Shh.
ADAM: You moved the ladder.
No, I didn't.
Well, you shook it then.
Okay, look, If we try to argue to the jury you didn't cause your baby's death, we will lose.
It's that simple.
I don't know how else to put it.
But it's the truth.
You remember Cassie Reynolds? I asked her to cast a fresh eye on this.
She has something she'd like to say.
Tell them what you'd like to say.
When the nurse passed your son to you, he was alive.
And when she took him from you he was not.
The child died in your hands.
There is no dispute.
And the cause of death was a broken neck.
What are you saying? She's saying your wife is going to prison, Blake.
The baby was only three days old.
The neck is so fragile.
It could've There's no medical evidence to support that it could've just broken.
There could've been a fracture that we didn't know about.
Or some some genetic defect.
We haven't been able to find a doctor who will support that either.
Look, if you acted somehow to relieve the child's suffering She didn't do that.
My wife would never willingly cause the death of our child.
A human life is sacred, Mr.
Richard.
Every life, no matter what, it is sacred.
I can maybe sell a jury a mercy killing.
But if we go in there claiming you didn't do this - She didn't.
- I'm talking to your wife right now.
The prosecutor cannot prove she did this because she didn't.
She didn't.
I didn't.
Harry's Law 2x10 - Purple Hearts Original air date December 7, 2011 OLLIE: He's totally controlling her.
Maybe she knows she did it, she's just afraid to admit it to her husband.
Have you been able to talk to this woman alone? Once, but I think I'm gonna have to try again.
Tommy, if I could ask What?! I was just helping him balance.
Are you okay? No.
Tommy, I don't know what's gonna happen, but it's possible that the husband and wife are gonna need to get separate counsel.
- Are you available? - I am.
Thank you.
And, Adam, would you do some research on active euthanasia, where the law currently stands in Ohio? I can tell you now it's illegal.
Yeah, just do the research all the same, will you? - Ollie? - Yeah? I may need you to get in the husband's face a little.
- Done.
What else? - Could just fix the star on top of the tree? (elevator bell dings) Hello, hello, hello! Is somebody having a birthday?! ALL: She is! Happy birthday, Harry.
Happy birthday, Harry! You got me a clown? That new bakery on Fourth is having a promotion; free clown with the purchase of a birthday cake.
I couldn't resist.
You got me a discount clown.
Now, before we get to that scrumpdiliumptious cake Oh, look what I did there.
Let me just pick that up.
Wow! Well, thank you, little lady! Now who wants to see a magic trick? You could saw me in half.
Look what we have here.
A heart! Isn't she pretty? Now the thing about hearts though, is sometimes they get broken.
Yes, a heart can get broken, and it gets torn.
But if a good little birthday girl will just blow on the pieces, maybe they'll go back together! Now who's a good girl, huh? Who's a good girl?! Who's a dead clown? Okeydokey, I'll do it myself.
Let's see here.
And we put the heart back together! Yay! Good as new.
Okay, wrap it up, clown.
Look what we have here.
A heart! Now the thing about hearts is I already did that, didn't I? A heart uh Something's up with the clown.
Are you okay? Not really, no.
(elevator bell dings) Over here, Ms.
Korn.
Get back, get back, get back.
(reporters clamoring) HARRY: We're a little bit early.
Why don't we wait in the witness room until we're called.
Blake, can I talk to you for a sec? Listen, I know you love your wife, but if you're covering for her I'm not.
When you left to go home, you know for a fact the baby was still alive? Absolutely.
I kissed him good night.
Absolutely.
All right, Julie, I'm gonna cut to the chase.
We don't have time for any more crap, you get me? What do you mean? Some of our shrinks think you blocked this whole thing out, others thought maybe not so much.
You know what I'm thinking? You did this and you know you did it, but you're afraid to say so in front of your husband.
That's not true.
- Shouldn't we go inside? - Oh, no, we're fine.
I just want to go over some body language things.
A few dos and don'ts in the courtroom.
Yeah.
I'd like to go in there, please.
We've got a shot here, but only if you come clean.
If you lie, you go to prison.
Why can't we go inside? Because I need your full attention here.
This is important.
Not so fast.
Not so fast! What's, what's going on here? What's going on is Harry needs to talk to her client in private.
What the hell's going on? What's going on is I think it's possible your wife is afraid to tell the truth, and what's got her afraid is you.
What? Tell her that's not true.
Honey is this true? No.
(door closes) Okay, look, honey God forgives.
And if you did this, to spare our baby suffering, God will certainly forgive that.
I'll forgive that.
Is that what happened? Honey, it's okay.
Is that what happened? I promise I was just holding him.
I didn't do anything.
I was just holding him.
I could never Let's just try it on the elements.
This is by no means a slam dunk, but a baby's neck is fragile, he was three days old.
Let's just go with accident.
Accident? We haven't got one single witness.
Yes, we do.
Her.
She was the only one there.
All we need is reasonable doubt.
We keep her out of jail, then we get her into treatment.
An accident.
Dr.
Robbins and I examined the baby just prior to passing him to Mrs.
Cassidy.
His organs were functioning, his vitals were within range.
He was a tough little customer, given his deficit.
So what happened after you gave the child to the defendant? I drew the baby's blood.
Dr.
Robbins continued on his rounds.
I took the sample down to the lab, and I returned about ten minutes later.
What did you find? Well, Julie, um, the defendant, she was holding the baby.
I noticed he looked slightly cyanotic.
That's when the skin takes on a bluish tint due to lack of oxygen.
What did you do? I took him from Julie.
He was clammy, his limbs were flaccid.
I called a Code Blue, but I knew he'd expired.
And other than the defendant, had anyone else gone into the baby's room after you and Dr.
Robbins had left? Not to my knowledge.
Mr.
Cassidy was in the room earlier, but the baby was alive after he'd gone home.
Thank you, ma'am.
What was the medical condition of this baby? He was born with anencephaly.
Which means what? He had no cognitive or emotional functions.
He's blind, deaf, couldn't swallow, blink or cry.
His only movements were involuntary reflexes.
Yes.
I'm told of cases where doctors with anencephalic babies, doctors have been known to pinch the nostrils shut.
Have you heard of that? I have heard of that happening.
HARRY: Mercy killings.
NURSE: Yes.
Did you think it's possible that my client committed a mercy killing here? I don't know.
I don't get the idea that you condemn her.
In your mind, was it a tragedy that this baby died? Probably not.
OLLIE: What the hell was that? HARRY: Relax.
We were going accident, not mercy killing.
- I realize that, but - Then what the hell was that? Ollie, would you please stop yelling at me? We have plenty of time to establish our theory.
I feel it's important that the jury understand from the get-go that this death was a blessing.
If we can diffuse their sense of horror, then it could color the whole trial in our client's favor.
But, Harry, you likely just confused the jury.
OLLIE: Couldn't you have at least just asked her if it could've been an accident? No, I couldn't, because I don't think we'd have liked her answer.
My goal here was to get the jury to think that this death wasn't necessarily a bad thing.
(knocks) What's that? Bear spray.
You expecting a bear? It's like industrial-strength pepper spray, okay? In case we get attacked by a gang.
Mr.
Clown, Tommy Jefferson we met last night at the party.
- Oh.
You want your money back? - No, no.
It isn't that.
We just came because Why does he have, bear spray? It's for gangs.
We couldn't help but think something was wrong last night, and we just came to see if you're okay.
- You've upset him.
- I can see that.
No, no, it's, uh it's just, uh Just what? We were in Kandahar province.
Six of us were on patrol.
An IED went off.
My head slammed against the side of the Humvee.
Two guys were killed, one guy lost a leg, and the other two had shrapnel wounds.
Seemed like I was the lucky one.
They even started calling me Lucky.
But, uh, for days afterwards, I started getting these headaches.
I'd get dizzy.
I had trouble walking.
Did you see a doctor? Yeah.
They said I had a concussion, a mild traumatic brain injury.
See, I used to work toward my ETA cert with, uh, precision instruments uh, gyrocompasses, things like this.
I was really good.
But now Now you're a clown.
I can't concentrate on things.
I get the headaches or, uh or my thinking gets clouded.
Have you had any medical treatment? Yeah, they gave me some meds for the headaches.
They help a little, I guess.
See, last night was about, uh when I was looking at that heart (chuckles) See, I never got the Purple Heart.
But you were injured in combat.
Yeah, but when I got hurt eight months ago something like that they had this policy called the "no more John Kerrys.
" - The hell is that? - "No more John Kerrys.
" Some people claimed John Kerry's wounds were not serious enough to deserve the Purple Heart.
The Army stopped giving them out for what they called minor injuries.
Yeah.
Thing is, I served with guys that lost arms and legs, had to have surgery to remove shrapnel and bullets.
I guess I just figured, compared to them, I didn't deserve it.
But then I looked it up in the regs the the list of injuries that you can get the Purple Heart for it turns out I should have gotten it.
"Concussion injuries caused as a result of enemy-generated explosions.
" ADAM: Did you apply for it the Purple Heart? Yeah.
I was turned down.
I know it shouldn't mean anything.
It's not like a lousy medal's going to pay the rent.
It shouldn't matter.
But it does.
My father he would always say, "Make your life count for something.
" He'd say, "I don't care what you do, Dave.
" "You know, just make sure it adds up to" "something.
" I'm a clown.
I can't hold a job.
I can't think well.
I got hurt in a war that nobody wanted or seems to care about.
Yes, I want that medal.
I want to hold it in my hand, you know, and I want to look at it and feel proud and know that my country is proud of me.
And know that that what I did it counted.
It counted.
The infant's head was twisted sharply and suddenly to the left, causing the vertebral artery to burst, resulting in a massive hemorrhage at the base of the brain.
Death was instantaneous.
Could it be possible that the neck was twisted accidentally? - No.
- It's not possible that somebody picked up the baby and didn't support his head, or his neck got caught in a blanket? No, this was no accident.
Thank you.
Doctor, you can state to an absolute medical certainty that this event wasn't caused by an inadvertent movement? Well, no one can state anything to an absolute medical certainty, - but the - Thank you, Doctor.
And, uh, in fact, if Mrs.
Cassidy was dozing I mean, people experience jerking motions in their sleep all the time, don't they? I don't think that's what happened.
You know that didn't happen? No, but I have performed over a thousand autopsies, - and what I think really happened - Wow.
That's a lot.
Ever get one wrong? - Beg your pardon? - Have you ever been mistaken? Yes, but Thank you, Doctor.
And if I put six different pathologists up here, who all say that this death could have been caused by an accidental jarring of the neck, would you say they're lying? (chuckling): I'd say they were wrong.
Would you say they were lying? No.
- I wouldn't say they were - Thank you, Doctor.
That's all.
Mr.
Fraser, redirect? No, Your Honor.
The witness may step down.
The State calls any one of these six pathologists.
Ms.
Korn's choice.
- Excuse me? - One of your six pathologists whichever one you want.
I'm calling one.
Or am I just calling a bluff? Your Honor, may we approach? - He can't do that.
- Why not? HARRY: First of all, these pathologists are not on your list or mine.
- You can't - What, what, you need notice? They're your doctors.
I move for a mistrial.
- Oh, come on.
- He cannot do this.
Ms.
Korn, you played a little fast and loose.
He caught you.
Motion for a mistrial is denied.
Step back.
Oh, shut up.
We're going to have to put you on the stand.
Okay.
No, not okay, because you come off as a person in total denial.
Here are our theories, Julie.
It could have been an accident.
It could have been an act committed - in a dissociative state.
- No.
- No, no, no, no, no, no, no.
- Julie, stop it.
I know who you are as a person couldn't have done this, which means, if you physically did do it, you were acting outside yourself, and that's what a dissociative state is.
We have to allow the jury to conclude you did it, and yet set you free because you didn't possess the intent.
You mean insanity.
It's a form of it.
It's a psychotic break of sorts.
It's a variation of insanity.
But it's not the truth, because I didn't do it.
Okay.
But you have to let me argue it just the same.
We suggest could be an accident, could be a dissociative act.
We have to give the jury both options here.
You have to trust me.
(sighs) So what do I say? You just tell the truth.
That's all you do.
Tell the truth as you know it.
We need to get him his Purple Heart.
I know some of these vets, they have no money, no dignity, they can't get work, they've got nothing.
Now, this thing may seem, like, just symbolic to you and me, but to them, it's a validation that what they did counted, that their life means something.
We need to get Dave his Purple Heart right now.
Today.
(sighs) Tommy, I've done some checking.
This is not easily accomplished.
These things can fall into bureaucratic sinkholes for years.
And I'm going to bring up a principle now, one that I know you hold dear, if not sacrosanct Dave the Clown can't pay.
I don't care.
It's Christmas! It's that special time of year when we don't despise our fellow man.
- Uh - We'll do it pro bono.
We need to get the clown his Purple Heart.
I never had an ultrasound done because, frankly, there was nothing either I or my husband would have done should there be a problem.
And there was a problem, wasn't there? Yes.
When did you learn that your baby had anencephaly? Un, when he was born.
I noticed some looks exchanged between the doctor and the nurses.
It was so quiet.
I The baby was quiet.
He, uh he didn't make a sound.
(sniffling) I first thought he was dead.
He wasn't dead.
But he was very, very ill.
Would it be fair to say you went into a little shock when you learned? Yes.
Turning to the night of his death were you holding your baby? Uh The truth is, it was it was difficult for me to hold him or It was just too upsetting.
But Eileen, the nurse, she encouraged me to.
She said that it would help lower his stress hormones, and help regulate his temperature.
- So you were cradling him? - Yes.
Were you supporting his head? I thought so.
I It was the middle of the night.
I might have drifted off to sleep a little, but I most certainly did not twist his head.
According to certain witnesses, when your baby was discovered to be dead, you didn't react.
You just stared back rather expressionless.
I didn't know what to think, or feel.
You didn't know how to feel? Julie, your child had just died.
My child was anencephalic.
The doctor said he would have the existence of a house plant.
The only life that he could have had would have been one of suffering.
Did you grieve for your son? I grieved for my son.
Did I grieve over his death? I've never denied that his death was most likely a blessing, only that I had anything to do with it.
WOMAN (over phone): - He needs to fill out - No, no, no, no, no, I told you, he filled that out already.
WOMAN (over phone): Form 149? Yes, Department of Defense Form 149, Application for Correction of Military Record.
I'm holding a copy in my hand right now.
- Name please? - David Kerwin.
Kerwin with one "N.
" - Please hold.
- No, don't put me on hold again! (dial tone) Damn it! This is how the terrorists are going to win.
They'll land on our shores, somebody will call the army to report it.
They'll be put on hold and we'll all be killed.
The appeal process seems easy enough, except it involved miles of red tape.
Here's something.
If you've been awarded the Purple Heart, you get expedited treatment at the V.
A.
hospital.
Which is another reason to get it.
And here's a story about a guy in California who just received his Purple Heart a few months ago.
He'd been hit by a grenade, tore open his arm.
September, 1951 in Korea.
Let's talk to your captain, Maybe he'd reconsider and recommend you.
That would be difficult.
Dead? No, no, but he's in Afghanistan.
Has he got a wife? Ugh, you're sick.
What? You're sick.
I'm sick? You're sick.
Has he got a wife? First of all, my condolences for your tragedy.
That tragedy, if I understand you correctly, being his birth, not his death.
My sympathies.
Sir, you are prosecuting me.
I'm sitting in a courtroom, being charged with murder, primarily at your doing.
Please, have the decency not to pretend that you feel any sympathy for me.
Fair enough.
Let's agree to be honest with each other.
Sound good? When we speak of tragedy here, we're not just talking about the child's, but yours.
And perhaps your greatest hardship would have been had this little boy gone on living.
Your insurance covered the hospital, but there was a cap on nursing care.
This child would need 24/7 home care.
You couldn't afford it, which meant that it would've had to be you.
You'd have to monitor his vitals, change his feeding tube, suction his mouth every 30 minutes because he couldn't swallow his own spit.
Your life as you knew it would effectively be over.
You'd go bankrupt.
Statistically speaking, you'd probably get divorced.
Not to mention the emotional toll.
So much hardship which could all be fixed with one quick twist of a neck.
You know the funny thing? How clinically efficient this broken neck was.
I mean, the baby died instantly.
Now, I know as a devout Catholic, that you don't believe in euthanasia.
But if one did, wow, a snap of a neck was probably the most humane method.
By the way, uh, do you believe in euthanasia? I don't mean to assume.
- Do you? - Uh, no.
No.
Did you ever inquire about euthanasia? I d didn't inquire about euthanasia, no.
You never asked Dr.
Robbins whether it would be better for your child to die? I was in shock when I asked that.
I was looking at my child as As a house plant? You asked Dr.
Robbins, "How is it we help cancer patients die with morphine?" "Why can't we just give him some morphine?" Your Honor, approach? First of all, this is privileged doctor/patient It is not; not when it speaks to harm caused to the child, and the nurse was there, so privilege Second, this is unfair surprise.
If he had The information was within the defendant's control.
Oh, crap! Your Honor, this is crap.
Well, as far as crap goes, it seems to be of the winning variety.
Your Honor, this will so prejudice the jury Step back, Counsel.
Okay, so where were we? Oh, yes.
We were discussing your discussing killing your baby.
Objection! That I'll sustain.
You spoke with your doctor about giving your baby a morphine drip.
I was emotionally wrought.
I was a mother looking at suffering, the suffering of my baby, and I I wanted Yeah.
Yes.
And I really don't believe that this was about bankruptcy or finances or money.
I don't.
This was about mercy.
Wasn't it, Julie? Your baby suffered from anencephaly.
He would never live a normal life, if any life.
It was ungodly for any child to exist like this.
And when you twisted his neck, it was about mercy.
Wasn't it? I did not twist my baby's neck.
Don't everybody shout out ideas all at once.
I think we should recall the nurse, so we can at least put whatever comments Julie made to the doctor in context.
Or call the doctor himself.
The doctor is the one who turned her into the police; we can't trust that he'll be sympathetic.
But the nurse, we can.
Maybe it's time to plead this thing out.
With a plea, you could be out in three years.
If we go to verdict and you lose, you could face 20.
Honey, maybe But here's the rub.
The judge cannot legally accept the plea without being sure you understand it, and that you're sincere about it.
So he will ask you, "Do you admit" "to taking the life of your child?" And you'll have to say, "Yes.
" But that would be a lie.
Can't she just say it's possible she did it by accident? No, because if it's an accident, there's no intent.
She'd have to admit to the crime, which includes intent.
I c I can't.
I I just can't.
- Honey - I'm sorry, Blake.
I can't say I killed my baby.
I just can't say that.
Okay, we'll recall the nurse to address Julie's comments to the doctor, and then we'll call our doctors to argue disassociative state.
And we'll keep going.
Any other ideas? Ollie? Cassie? Am I missing something? Well, maybe just the obvious she's innocent.
Harry, if she doesn't have the necessary criminal intent, under the law, she is innocent.
I don't think our case is in the toilet.
I really don't.
Hi, honey.
How are you? Hi, sweetheart.
Hey, where are you? I don't see the fridge with the kids' drawings on it.
Well, I'm not at home.
I'm in a lawyer's office.
What the hell for? Is everything all right? Everything's fine.
The lawyer's name is Tommy Jefferson.
And (shrieks) Hello, Captain.
Uh, Tommy Jefferson.
It's an honor, sir.
What's going on? You remember Corporal Dave Kerwin? Lucky? Sure I remember him.
Well, Dave hasn't been so lucky since he's been back, sir.
Hey, Captain.
Hello, Dave.
Do you remember when Dave was wounded? Very well.
Two men killed, one lost a leg, two others needed surgery, and Dave.
Dave was also wounded, Captain.
A concussion.
Minor traumatic brain injury.
An injury that's clearly eligible for the Purple Heart under military rules.
Yes, I know that now.
You know that now? Mr.
Jefferson, as I'm sure you're aware, there's been a big dust-up over this whole Purple Heart thing.
I don't want to argue about the past with you.
Dave, have you got the medical paperwork that establishes your injury? He does.
Then when I receive a copy of that, I will reverse my previous decision and recommend you for the Purple Heart.
(chuckles) Just like that? It was a mistake.
One I'm willing to fix.
Is my wife still there? Yes.
Well, that cuts through it.
God, I can't believe it.
We'll get the document to your captain by PDF and get on it.
How long you think it'll take? Ah.
Hey! We're gonna PDF the document to you as soon as we get off.
How soon before you can respond? Have you filled out DD Form 149, Application for Correction of Military Records? Well, yes, but I thought once you changed your recommendation, we didn't need that anymore.
Oh, no, this still has to go through all the channels.
You get that form going, I'll send my change of recommendation up the chain of command, and then we'll see where we are.
Any idea how long that will take, sir? No, sir.
Can I talk to my wife? That could take forever.
Do not despair.
That guy from the Korean War he got hung up with DD Form 149.
- I read it.
- Dave.
I'll kick whatever ass I need to.
CAPTAIN: - I wish I was there, too.
- We'll make this happen.
I'll be home soon.
Hey, Dave.
What are you up to these days? - You working at all? - Ah, ah! Uh, y-yes, sir.
Yeah, I have a job.
That's fantastic.
What line of work? Precision instruments? Man, you could build anything, I remember your hands.
Precision? No, sir.
I'm a clown.
Come again? I'm a clown.
Oh.
Oh.
Adam? - Rachel.
- Really? Hey.
Okay.
That's it? Are you kidding me? I know he's busy, but 45 seconds? I'm not complaining, I am grateful, I'm just Thank you, Rachel.
I got an audience with Congressman Michael Barnes.
What? You did? (thud) Only for 45 seconds, but - Let's go.
- No, just me.
Rachel said she got me an audience of one, specifically me.
- Specifically not you.
- When? Access to treatment, support services, especially when it comes to brain injuries.
I don't think I need to tell you the shocking statistics.
Fully one-third of our veterans are homeless.
Their unemployment rate is through the roof, and since I only have 45 seconds, I would love for you to actually pay attention for some of it.
I'm listening, keep talking.
I multitask.
- Now, listen, call John - These DD forms are known to get tied up in bureaucratic thickets.
The captain has changed his recommendation, so the only thing that would hold this up is this lousy form, and Damn it, Senator! These Purple Hearts they may seem like just something to hang on a wall, but they mean a lot more to the soldiers.
They remind them that their sacrifice was worth something to this country, and and it should mean something to you.
- Alan? - Adam.
- We're done here.
It's done.
- It's done? Tell your soldier he's gonna get his Purple Heart.
And I'd like to get his number, please.
I'd like to call him and personally thank him for his sacrifice.
I'll get you that number! You were present when my client made these comments to Dr.
Robbins about the morphine drip? I was.
Did it alarm you? Not at all.
I felt it was only natural.
- Natural? - She was a grieving mother.
Her grief was over the suffering of her child.
And you didn't think it reflected any homicidal intent? No.
And, Nurse O'Malley, I'm just curious about the morphine drip.
I mean, we do it for suffering older people, with cancer patients.
Why not anencephalic babies? Well, we do not technically help people to die.
That would be illegal.
We couch the morphine drip under "pain management," and the morphine is for pain.
It just so happens it shuts down the respiratory system and causes death.
It's a perverted distinction without a difference, but it is what it is.
- So why not do it with these babies? - We probably should.
But these babies don't appear to be suffering any pain.
But often they do die as infants.
Is that because doctors are running around pinching nostrils? No.
It's because the baby's nutrition and hydration are cut off.
Nutrition and hydration.
We starve them to death? EILEEN: Yes.
That sounds a a little inhumane.
I mean, isn't it ridiculous we would euthanize a suffering dog, but for a human being, we starve them to death? - Objection.
- Sustained.
When we discontinue nutrition and hydration is this painful? We don't know.
But the organs dry up.
They shrivel and shrink, and one by one, they close down.
- It can't be a lot of fun.
- So if my client did this I'm not saying she did, but if she did, if she twisted the neck that would be more humane.
Probably, yes.
We certainly can't advocate that mothers I mean how could we even rely on them to know how to snap a neck in such a clinical way as to cause instantaneous death? I mean, that seems like something only a medical professional would know.
Don't you agree, Nurse O'Malley? Wouldn't you agree, Nurse O'Malley? Throughout this whole proceeding, there's only been one given that the child died in my client's arms.
But what if he didn't? And if not by my client's hand, then whose? You were the only other person to hold the child that night.
Come to think of it, it was your idea that Julie hold the child.
You woke her up just before 4:00 to do so middle of the night, very few others around and then, as you took the infant from her snap.
Just one little jerking twist and no more suffering.
The D.
A.
was right.
This was a mercy killing.
He just had the wrong angel of mercy.
Didn't he, Eileen? You've gone a little quiet.
Did you kill that baby, Eileen? Eileen.
Did you kill that baby? I'd like to speak to an attorney, please.
(gasping) (murmuring) (clamoring) That was exciting.
(all sigh) Is it really over? It will be, and they'll question her, but the D.
A.
has indicated either way he'll dismiss it.
There's no way he can make anything stick against you.
Thank you.
Thank you for believing in me.
You can thank Cassie.
She's the one who said we could be missing the obvious that you're innocent and it got me thinking.
I figured, if not you, then who? And I rolled the dice.
Julie, I owe you a big apology.
I, I didn't believe you.
But I do now.
(sobbing) - A month? ADAM: - Five, six weeks at most.
(laughing) I don't know what to say to you both.
"Thank you" just doesn't seem like enough.
Dave, listen.
My father, may he rest in peace, cranky old bastard.
(chuckles) World War II hero.
In late 1943 he was with the Fifth Army in the Bernhardt Line offensive.
He took a bullet to his leg, and for that, they gave him this.
Thing was he died before he got it.
Because the paperwork got lost, he he never got to, uh, to wear something that he would have Let's call this a loaner, shall we? When you get yours, give this one back.
Until then, my father would be proud that you wore it.
Soldier.
That is a gift, you know it.
Here's our problem.
Our client is convinced she didn't do this.
I will never get her to admit to an intentional homicide.
Well, then I suggest you get her to a doctor, Harry.
We've already gotten her to seven.
And they pretty much say the same thing: she likely blocked it out.
I think I can sell her on negligent homicide.
I'll still give you the three years, Ben.
Why do you care? I care because negligent homicide is a mockery.
She just so happens to accidentally kill her baby who just so happens to be suffering from anencephaly? Look, you want her off the street, I get that.
But come on.
She belongs in a hospital, not a prison.
You know, I really don't believe that.
She murdered a child.
We've got a sympathetic client here.
We could easily get up there and argue the virtues of physician-assisted suicide.
What are you doing? I'm offering you guys three years for an intentional homicide.
Why are you not jumping at this? Because even if we were inclined to jump, the client won't.
And you told her she could get 25-to-life? We ran that by her, yeah.
She needs treatment, Ben.
I'm not in the treatment business.
Just prison.
So what now? Well, we may be forced to withdraw as counsel.
The day before the trial? Well, she's gonna have to testify.
We can't willingly put her on the stand to lie.
She wouldn't be lying if she thinks she didn't do it.
TOMMY: It's crooked.
Your other alternative is to challenge her competency.
It won't fly, she's already passed every competency test.
CASSIE: Well, then you need to read her the riot act now.
We already did.
(thud, grunt) (elevator bell dings) Oh, hello.
We can go right in my office.
Maybe you should tell them, Cassie.
- But I barely know them.
- Shh.
ADAM: You moved the ladder.
No, I didn't.
Well, you shook it then.
Okay, look, If we try to argue to the jury you didn't cause your baby's death, we will lose.
It's that simple.
I don't know how else to put it.
But it's the truth.
You remember Cassie Reynolds? I asked her to cast a fresh eye on this.
She has something she'd like to say.
Tell them what you'd like to say.
When the nurse passed your son to you, he was alive.
And when she took him from you he was not.
The child died in your hands.
There is no dispute.
And the cause of death was a broken neck.
What are you saying? She's saying your wife is going to prison, Blake.
The baby was only three days old.
The neck is so fragile.
It could've There's no medical evidence to support that it could've just broken.
There could've been a fracture that we didn't know about.
Or some some genetic defect.
We haven't been able to find a doctor who will support that either.
Look, if you acted somehow to relieve the child's suffering She didn't do that.
My wife would never willingly cause the death of our child.
A human life is sacred, Mr.
Richard.
Every life, no matter what, it is sacred.
I can maybe sell a jury a mercy killing.
But if we go in there claiming you didn't do this - She didn't.
- I'm talking to your wife right now.
The prosecutor cannot prove she did this because she didn't.
She didn't.
I didn't.
Harry's Law 2x10 - Purple Hearts Original air date December 7, 2011 OLLIE: He's totally controlling her.
Maybe she knows she did it, she's just afraid to admit it to her husband.
Have you been able to talk to this woman alone? Once, but I think I'm gonna have to try again.
Tommy, if I could ask What?! I was just helping him balance.
Are you okay? No.
Tommy, I don't know what's gonna happen, but it's possible that the husband and wife are gonna need to get separate counsel.
- Are you available? - I am.
Thank you.
And, Adam, would you do some research on active euthanasia, where the law currently stands in Ohio? I can tell you now it's illegal.
Yeah, just do the research all the same, will you? - Ollie? - Yeah? I may need you to get in the husband's face a little.
- Done.
What else? - Could just fix the star on top of the tree? (elevator bell dings) Hello, hello, hello! Is somebody having a birthday?! ALL: She is! Happy birthday, Harry.
Happy birthday, Harry! You got me a clown? That new bakery on Fourth is having a promotion; free clown with the purchase of a birthday cake.
I couldn't resist.
You got me a discount clown.
Now, before we get to that scrumpdiliumptious cake Oh, look what I did there.
Let me just pick that up.
Wow! Well, thank you, little lady! Now who wants to see a magic trick? You could saw me in half.
Look what we have here.
A heart! Isn't she pretty? Now the thing about hearts though, is sometimes they get broken.
Yes, a heart can get broken, and it gets torn.
But if a good little birthday girl will just blow on the pieces, maybe they'll go back together! Now who's a good girl, huh? Who's a good girl?! Who's a dead clown? Okeydokey, I'll do it myself.
Let's see here.
And we put the heart back together! Yay! Good as new.
Okay, wrap it up, clown.
Look what we have here.
A heart! Now the thing about hearts is I already did that, didn't I? A heart uh Something's up with the clown.
Are you okay? Not really, no.
(elevator bell dings) Over here, Ms.
Korn.
Get back, get back, get back.
(reporters clamoring) HARRY: We're a little bit early.
Why don't we wait in the witness room until we're called.
Blake, can I talk to you for a sec? Listen, I know you love your wife, but if you're covering for her I'm not.
When you left to go home, you know for a fact the baby was still alive? Absolutely.
I kissed him good night.
Absolutely.
All right, Julie, I'm gonna cut to the chase.
We don't have time for any more crap, you get me? What do you mean? Some of our shrinks think you blocked this whole thing out, others thought maybe not so much.
You know what I'm thinking? You did this and you know you did it, but you're afraid to say so in front of your husband.
That's not true.
- Shouldn't we go inside? - Oh, no, we're fine.
I just want to go over some body language things.
A few dos and don'ts in the courtroom.
Yeah.
I'd like to go in there, please.
We've got a shot here, but only if you come clean.
If you lie, you go to prison.
Why can't we go inside? Because I need your full attention here.
This is important.
Not so fast.
Not so fast! What's, what's going on here? What's going on is Harry needs to talk to her client in private.
What the hell's going on? What's going on is I think it's possible your wife is afraid to tell the truth, and what's got her afraid is you.
What? Tell her that's not true.
Honey is this true? No.
(door closes) Okay, look, honey God forgives.
And if you did this, to spare our baby suffering, God will certainly forgive that.
I'll forgive that.
Is that what happened? Honey, it's okay.
Is that what happened? I promise I was just holding him.
I didn't do anything.
I was just holding him.
I could never Let's just try it on the elements.
This is by no means a slam dunk, but a baby's neck is fragile, he was three days old.
Let's just go with accident.
Accident? We haven't got one single witness.
Yes, we do.
Her.
She was the only one there.
All we need is reasonable doubt.
We keep her out of jail, then we get her into treatment.
An accident.
Dr.
Robbins and I examined the baby just prior to passing him to Mrs.
Cassidy.
His organs were functioning, his vitals were within range.
He was a tough little customer, given his deficit.
So what happened after you gave the child to the defendant? I drew the baby's blood.
Dr.
Robbins continued on his rounds.
I took the sample down to the lab, and I returned about ten minutes later.
What did you find? Well, Julie, um, the defendant, she was holding the baby.
I noticed he looked slightly cyanotic.
That's when the skin takes on a bluish tint due to lack of oxygen.
What did you do? I took him from Julie.
He was clammy, his limbs were flaccid.
I called a Code Blue, but I knew he'd expired.
And other than the defendant, had anyone else gone into the baby's room after you and Dr.
Robbins had left? Not to my knowledge.
Mr.
Cassidy was in the room earlier, but the baby was alive after he'd gone home.
Thank you, ma'am.
What was the medical condition of this baby? He was born with anencephaly.
Which means what? He had no cognitive or emotional functions.
He's blind, deaf, couldn't swallow, blink or cry.
His only movements were involuntary reflexes.
Yes.
I'm told of cases where doctors with anencephalic babies, doctors have been known to pinch the nostrils shut.
Have you heard of that? I have heard of that happening.
HARRY: Mercy killings.
NURSE: Yes.
Did you think it's possible that my client committed a mercy killing here? I don't know.
I don't get the idea that you condemn her.
In your mind, was it a tragedy that this baby died? Probably not.
OLLIE: What the hell was that? HARRY: Relax.
We were going accident, not mercy killing.
- I realize that, but - Then what the hell was that? Ollie, would you please stop yelling at me? We have plenty of time to establish our theory.
I feel it's important that the jury understand from the get-go that this death was a blessing.
If we can diffuse their sense of horror, then it could color the whole trial in our client's favor.
But, Harry, you likely just confused the jury.
OLLIE: Couldn't you have at least just asked her if it could've been an accident? No, I couldn't, because I don't think we'd have liked her answer.
My goal here was to get the jury to think that this death wasn't necessarily a bad thing.
(knocks) What's that? Bear spray.
You expecting a bear? It's like industrial-strength pepper spray, okay? In case we get attacked by a gang.
Mr.
Clown, Tommy Jefferson we met last night at the party.
- Oh.
You want your money back? - No, no.
It isn't that.
We just came because Why does he have, bear spray? It's for gangs.
We couldn't help but think something was wrong last night, and we just came to see if you're okay.
- You've upset him.
- I can see that.
No, no, it's, uh it's just, uh Just what? We were in Kandahar province.
Six of us were on patrol.
An IED went off.
My head slammed against the side of the Humvee.
Two guys were killed, one guy lost a leg, and the other two had shrapnel wounds.
Seemed like I was the lucky one.
They even started calling me Lucky.
But, uh, for days afterwards, I started getting these headaches.
I'd get dizzy.
I had trouble walking.
Did you see a doctor? Yeah.
They said I had a concussion, a mild traumatic brain injury.
See, I used to work toward my ETA cert with, uh, precision instruments uh, gyrocompasses, things like this.
I was really good.
But now Now you're a clown.
I can't concentrate on things.
I get the headaches or, uh or my thinking gets clouded.
Have you had any medical treatment? Yeah, they gave me some meds for the headaches.
They help a little, I guess.
See, last night was about, uh when I was looking at that heart (chuckles) See, I never got the Purple Heart.
But you were injured in combat.
Yeah, but when I got hurt eight months ago something like that they had this policy called the "no more John Kerrys.
" - The hell is that? - "No more John Kerrys.
" Some people claimed John Kerry's wounds were not serious enough to deserve the Purple Heart.
The Army stopped giving them out for what they called minor injuries.
Yeah.
Thing is, I served with guys that lost arms and legs, had to have surgery to remove shrapnel and bullets.
I guess I just figured, compared to them, I didn't deserve it.
But then I looked it up in the regs the the list of injuries that you can get the Purple Heart for it turns out I should have gotten it.
"Concussion injuries caused as a result of enemy-generated explosions.
" ADAM: Did you apply for it the Purple Heart? Yeah.
I was turned down.
I know it shouldn't mean anything.
It's not like a lousy medal's going to pay the rent.
It shouldn't matter.
But it does.
My father he would always say, "Make your life count for something.
" He'd say, "I don't care what you do, Dave.
" "You know, just make sure it adds up to" "something.
" I'm a clown.
I can't hold a job.
I can't think well.
I got hurt in a war that nobody wanted or seems to care about.
Yes, I want that medal.
I want to hold it in my hand, you know, and I want to look at it and feel proud and know that my country is proud of me.
And know that that what I did it counted.
It counted.
The infant's head was twisted sharply and suddenly to the left, causing the vertebral artery to burst, resulting in a massive hemorrhage at the base of the brain.
Death was instantaneous.
Could it be possible that the neck was twisted accidentally? - No.
- It's not possible that somebody picked up the baby and didn't support his head, or his neck got caught in a blanket? No, this was no accident.
Thank you.
Doctor, you can state to an absolute medical certainty that this event wasn't caused by an inadvertent movement? Well, no one can state anything to an absolute medical certainty, - but the - Thank you, Doctor.
And, uh, in fact, if Mrs.
Cassidy was dozing I mean, people experience jerking motions in their sleep all the time, don't they? I don't think that's what happened.
You know that didn't happen? No, but I have performed over a thousand autopsies, - and what I think really happened - Wow.
That's a lot.
Ever get one wrong? - Beg your pardon? - Have you ever been mistaken? Yes, but Thank you, Doctor.
And if I put six different pathologists up here, who all say that this death could have been caused by an accidental jarring of the neck, would you say they're lying? (chuckling): I'd say they were wrong.
Would you say they were lying? No.
- I wouldn't say they were - Thank you, Doctor.
That's all.
Mr.
Fraser, redirect? No, Your Honor.
The witness may step down.
The State calls any one of these six pathologists.
Ms.
Korn's choice.
- Excuse me? - One of your six pathologists whichever one you want.
I'm calling one.
Or am I just calling a bluff? Your Honor, may we approach? - He can't do that.
- Why not? HARRY: First of all, these pathologists are not on your list or mine.
- You can't - What, what, you need notice? They're your doctors.
I move for a mistrial.
- Oh, come on.
- He cannot do this.
Ms.
Korn, you played a little fast and loose.
He caught you.
Motion for a mistrial is denied.
Step back.
Oh, shut up.
We're going to have to put you on the stand.
Okay.
No, not okay, because you come off as a person in total denial.
Here are our theories, Julie.
It could have been an accident.
It could have been an act committed - in a dissociative state.
- No.
- No, no, no, no, no, no, no.
- Julie, stop it.
I know who you are as a person couldn't have done this, which means, if you physically did do it, you were acting outside yourself, and that's what a dissociative state is.
We have to allow the jury to conclude you did it, and yet set you free because you didn't possess the intent.
You mean insanity.
It's a form of it.
It's a psychotic break of sorts.
It's a variation of insanity.
But it's not the truth, because I didn't do it.
Okay.
But you have to let me argue it just the same.
We suggest could be an accident, could be a dissociative act.
We have to give the jury both options here.
You have to trust me.
(sighs) So what do I say? You just tell the truth.
That's all you do.
Tell the truth as you know it.
We need to get him his Purple Heart.
I know some of these vets, they have no money, no dignity, they can't get work, they've got nothing.
Now, this thing may seem, like, just symbolic to you and me, but to them, it's a validation that what they did counted, that their life means something.
We need to get Dave his Purple Heart right now.
Today.
(sighs) Tommy, I've done some checking.
This is not easily accomplished.
These things can fall into bureaucratic sinkholes for years.
And I'm going to bring up a principle now, one that I know you hold dear, if not sacrosanct Dave the Clown can't pay.
I don't care.
It's Christmas! It's that special time of year when we don't despise our fellow man.
- Uh - We'll do it pro bono.
We need to get the clown his Purple Heart.
I never had an ultrasound done because, frankly, there was nothing either I or my husband would have done should there be a problem.
And there was a problem, wasn't there? Yes.
When did you learn that your baby had anencephaly? Un, when he was born.
I noticed some looks exchanged between the doctor and the nurses.
It was so quiet.
I The baby was quiet.
He, uh he didn't make a sound.
(sniffling) I first thought he was dead.
He wasn't dead.
But he was very, very ill.
Would it be fair to say you went into a little shock when you learned? Yes.
Turning to the night of his death were you holding your baby? Uh The truth is, it was it was difficult for me to hold him or It was just too upsetting.
But Eileen, the nurse, she encouraged me to.
She said that it would help lower his stress hormones, and help regulate his temperature.
- So you were cradling him? - Yes.
Were you supporting his head? I thought so.
I It was the middle of the night.
I might have drifted off to sleep a little, but I most certainly did not twist his head.
According to certain witnesses, when your baby was discovered to be dead, you didn't react.
You just stared back rather expressionless.
I didn't know what to think, or feel.
You didn't know how to feel? Julie, your child had just died.
My child was anencephalic.
The doctor said he would have the existence of a house plant.
The only life that he could have had would have been one of suffering.
Did you grieve for your son? I grieved for my son.
Did I grieve over his death? I've never denied that his death was most likely a blessing, only that I had anything to do with it.
WOMAN (over phone): - He needs to fill out - No, no, no, no, no, I told you, he filled that out already.
WOMAN (over phone): Form 149? Yes, Department of Defense Form 149, Application for Correction of Military Record.
I'm holding a copy in my hand right now.
- Name please? - David Kerwin.
Kerwin with one "N.
" - Please hold.
- No, don't put me on hold again! (dial tone) Damn it! This is how the terrorists are going to win.
They'll land on our shores, somebody will call the army to report it.
They'll be put on hold and we'll all be killed.
The appeal process seems easy enough, except it involved miles of red tape.
Here's something.
If you've been awarded the Purple Heart, you get expedited treatment at the V.
A.
hospital.
Which is another reason to get it.
And here's a story about a guy in California who just received his Purple Heart a few months ago.
He'd been hit by a grenade, tore open his arm.
September, 1951 in Korea.
Let's talk to your captain, Maybe he'd reconsider and recommend you.
That would be difficult.
Dead? No, no, but he's in Afghanistan.
Has he got a wife? Ugh, you're sick.
What? You're sick.
I'm sick? You're sick.
Has he got a wife? First of all, my condolences for your tragedy.
That tragedy, if I understand you correctly, being his birth, not his death.
My sympathies.
Sir, you are prosecuting me.
I'm sitting in a courtroom, being charged with murder, primarily at your doing.
Please, have the decency not to pretend that you feel any sympathy for me.
Fair enough.
Let's agree to be honest with each other.
Sound good? When we speak of tragedy here, we're not just talking about the child's, but yours.
And perhaps your greatest hardship would have been had this little boy gone on living.
Your insurance covered the hospital, but there was a cap on nursing care.
This child would need 24/7 home care.
You couldn't afford it, which meant that it would've had to be you.
You'd have to monitor his vitals, change his feeding tube, suction his mouth every 30 minutes because he couldn't swallow his own spit.
Your life as you knew it would effectively be over.
You'd go bankrupt.
Statistically speaking, you'd probably get divorced.
Not to mention the emotional toll.
So much hardship which could all be fixed with one quick twist of a neck.
You know the funny thing? How clinically efficient this broken neck was.
I mean, the baby died instantly.
Now, I know as a devout Catholic, that you don't believe in euthanasia.
But if one did, wow, a snap of a neck was probably the most humane method.
By the way, uh, do you believe in euthanasia? I don't mean to assume.
- Do you? - Uh, no.
No.
Did you ever inquire about euthanasia? I d didn't inquire about euthanasia, no.
You never asked Dr.
Robbins whether it would be better for your child to die? I was in shock when I asked that.
I was looking at my child as As a house plant? You asked Dr.
Robbins, "How is it we help cancer patients die with morphine?" "Why can't we just give him some morphine?" Your Honor, approach? First of all, this is privileged doctor/patient It is not; not when it speaks to harm caused to the child, and the nurse was there, so privilege Second, this is unfair surprise.
If he had The information was within the defendant's control.
Oh, crap! Your Honor, this is crap.
Well, as far as crap goes, it seems to be of the winning variety.
Your Honor, this will so prejudice the jury Step back, Counsel.
Okay, so where were we? Oh, yes.
We were discussing your discussing killing your baby.
Objection! That I'll sustain.
You spoke with your doctor about giving your baby a morphine drip.
I was emotionally wrought.
I was a mother looking at suffering, the suffering of my baby, and I I wanted Yeah.
Yes.
And I really don't believe that this was about bankruptcy or finances or money.
I don't.
This was about mercy.
Wasn't it, Julie? Your baby suffered from anencephaly.
He would never live a normal life, if any life.
It was ungodly for any child to exist like this.
And when you twisted his neck, it was about mercy.
Wasn't it? I did not twist my baby's neck.
Don't everybody shout out ideas all at once.
I think we should recall the nurse, so we can at least put whatever comments Julie made to the doctor in context.
Or call the doctor himself.
The doctor is the one who turned her into the police; we can't trust that he'll be sympathetic.
But the nurse, we can.
Maybe it's time to plead this thing out.
With a plea, you could be out in three years.
If we go to verdict and you lose, you could face 20.
Honey, maybe But here's the rub.
The judge cannot legally accept the plea without being sure you understand it, and that you're sincere about it.
So he will ask you, "Do you admit" "to taking the life of your child?" And you'll have to say, "Yes.
" But that would be a lie.
Can't she just say it's possible she did it by accident? No, because if it's an accident, there's no intent.
She'd have to admit to the crime, which includes intent.
I c I can't.
I I just can't.
- Honey - I'm sorry, Blake.
I can't say I killed my baby.
I just can't say that.
Okay, we'll recall the nurse to address Julie's comments to the doctor, and then we'll call our doctors to argue disassociative state.
And we'll keep going.
Any other ideas? Ollie? Cassie? Am I missing something? Well, maybe just the obvious she's innocent.
Harry, if she doesn't have the necessary criminal intent, under the law, she is innocent.
I don't think our case is in the toilet.
I really don't.
Hi, honey.
How are you? Hi, sweetheart.
Hey, where are you? I don't see the fridge with the kids' drawings on it.
Well, I'm not at home.
I'm in a lawyer's office.
What the hell for? Is everything all right? Everything's fine.
The lawyer's name is Tommy Jefferson.
And (shrieks) Hello, Captain.
Uh, Tommy Jefferson.
It's an honor, sir.
What's going on? You remember Corporal Dave Kerwin? Lucky? Sure I remember him.
Well, Dave hasn't been so lucky since he's been back, sir.
Hey, Captain.
Hello, Dave.
Do you remember when Dave was wounded? Very well.
Two men killed, one lost a leg, two others needed surgery, and Dave.
Dave was also wounded, Captain.
A concussion.
Minor traumatic brain injury.
An injury that's clearly eligible for the Purple Heart under military rules.
Yes, I know that now.
You know that now? Mr.
Jefferson, as I'm sure you're aware, there's been a big dust-up over this whole Purple Heart thing.
I don't want to argue about the past with you.
Dave, have you got the medical paperwork that establishes your injury? He does.
Then when I receive a copy of that, I will reverse my previous decision and recommend you for the Purple Heart.
(chuckles) Just like that? It was a mistake.
One I'm willing to fix.
Is my wife still there? Yes.
Well, that cuts through it.
God, I can't believe it.
We'll get the document to your captain by PDF and get on it.
How long you think it'll take? Ah.
Hey! We're gonna PDF the document to you as soon as we get off.
How soon before you can respond? Have you filled out DD Form 149, Application for Correction of Military Records? Well, yes, but I thought once you changed your recommendation, we didn't need that anymore.
Oh, no, this still has to go through all the channels.
You get that form going, I'll send my change of recommendation up the chain of command, and then we'll see where we are.
Any idea how long that will take, sir? No, sir.
Can I talk to my wife? That could take forever.
Do not despair.
That guy from the Korean War he got hung up with DD Form 149.
- I read it.
- Dave.
I'll kick whatever ass I need to.
CAPTAIN: - I wish I was there, too.
- We'll make this happen.
I'll be home soon.
Hey, Dave.
What are you up to these days? - You working at all? - Ah, ah! Uh, y-yes, sir.
Yeah, I have a job.
That's fantastic.
What line of work? Precision instruments? Man, you could build anything, I remember your hands.
Precision? No, sir.
I'm a clown.
Come again? I'm a clown.
Oh.
Oh.
Adam? - Rachel.
- Really? Hey.
Okay.
That's it? Are you kidding me? I know he's busy, but 45 seconds? I'm not complaining, I am grateful, I'm just Thank you, Rachel.
I got an audience with Congressman Michael Barnes.
What? You did? (thud) Only for 45 seconds, but - Let's go.
- No, just me.
Rachel said she got me an audience of one, specifically me.
- Specifically not you.
- When? Access to treatment, support services, especially when it comes to brain injuries.
I don't think I need to tell you the shocking statistics.
Fully one-third of our veterans are homeless.
Their unemployment rate is through the roof, and since I only have 45 seconds, I would love for you to actually pay attention for some of it.
I'm listening, keep talking.
I multitask.
- Now, listen, call John - These DD forms are known to get tied up in bureaucratic thickets.
The captain has changed his recommendation, so the only thing that would hold this up is this lousy form, and Damn it, Senator! These Purple Hearts they may seem like just something to hang on a wall, but they mean a lot more to the soldiers.
They remind them that their sacrifice was worth something to this country, and and it should mean something to you.
- Alan? - Adam.
- We're done here.
It's done.
- It's done? Tell your soldier he's gonna get his Purple Heart.
And I'd like to get his number, please.
I'd like to call him and personally thank him for his sacrifice.
I'll get you that number! You were present when my client made these comments to Dr.
Robbins about the morphine drip? I was.
Did it alarm you? Not at all.
I felt it was only natural.
- Natural? - She was a grieving mother.
Her grief was over the suffering of her child.
And you didn't think it reflected any homicidal intent? No.
And, Nurse O'Malley, I'm just curious about the morphine drip.
I mean, we do it for suffering older people, with cancer patients.
Why not anencephalic babies? Well, we do not technically help people to die.
That would be illegal.
We couch the morphine drip under "pain management," and the morphine is for pain.
It just so happens it shuts down the respiratory system and causes death.
It's a perverted distinction without a difference, but it is what it is.
- So why not do it with these babies? - We probably should.
But these babies don't appear to be suffering any pain.
But often they do die as infants.
Is that because doctors are running around pinching nostrils? No.
It's because the baby's nutrition and hydration are cut off.
Nutrition and hydration.
We starve them to death? EILEEN: Yes.
That sounds a a little inhumane.
I mean, isn't it ridiculous we would euthanize a suffering dog, but for a human being, we starve them to death? - Objection.
- Sustained.
When we discontinue nutrition and hydration is this painful? We don't know.
But the organs dry up.
They shrivel and shrink, and one by one, they close down.
- It can't be a lot of fun.
- So if my client did this I'm not saying she did, but if she did, if she twisted the neck that would be more humane.
Probably, yes.
We certainly can't advocate that mothers I mean how could we even rely on them to know how to snap a neck in such a clinical way as to cause instantaneous death? I mean, that seems like something only a medical professional would know.
Don't you agree, Nurse O'Malley? Wouldn't you agree, Nurse O'Malley? Throughout this whole proceeding, there's only been one given that the child died in my client's arms.
But what if he didn't? And if not by my client's hand, then whose? You were the only other person to hold the child that night.
Come to think of it, it was your idea that Julie hold the child.
You woke her up just before 4:00 to do so middle of the night, very few others around and then, as you took the infant from her snap.
Just one little jerking twist and no more suffering.
The D.
A.
was right.
This was a mercy killing.
He just had the wrong angel of mercy.
Didn't he, Eileen? You've gone a little quiet.
Did you kill that baby, Eileen? Eileen.
Did you kill that baby? I'd like to speak to an attorney, please.
(gasping) (murmuring) (clamoring) That was exciting.
(all sigh) Is it really over? It will be, and they'll question her, but the D.
A.
has indicated either way he'll dismiss it.
There's no way he can make anything stick against you.
Thank you.
Thank you for believing in me.
You can thank Cassie.
She's the one who said we could be missing the obvious that you're innocent and it got me thinking.
I figured, if not you, then who? And I rolled the dice.
Julie, I owe you a big apology.
I, I didn't believe you.
But I do now.
(sobbing) - A month? ADAM: - Five, six weeks at most.
(laughing) I don't know what to say to you both.
"Thank you" just doesn't seem like enough.
Dave, listen.
My father, may he rest in peace, cranky old bastard.
(chuckles) World War II hero.
In late 1943 he was with the Fifth Army in the Bernhardt Line offensive.
He took a bullet to his leg, and for that, they gave him this.
Thing was he died before he got it.
Because the paperwork got lost, he he never got to, uh, to wear something that he would have Let's call this a loaner, shall we? When you get yours, give this one back.
Until then, my father would be proud that you wore it.
Soldier.