Law & Order (1990) s18e03 Episode Script
Misbegotten
NARRATOR: In the criminal justice system the people are represented by two separate yet equally important groups, the police who investigate crime and the district attorneys who prosecute the offenders.
These are their stories.
She forgot to designate a driver before getting hammered.
Why should I be surprised? Ooh! She forgot her panties, too.
How old is this? Lift with your legs, Lori.
You're a real gentleman, Rog.
Might as well start your rounds while you're up there.
Give me a break.
(EXPLODING) (POLICE RADIO CHATTERING) She was taking packages upstairs when the bomb went off.
She was barely breathing when they put her on the bus.
What's her name? Emerson, Lori Emerson.
Lori Emerson What's it look like? I'm finding pieces of a pipe bomb.
Oh.
Can I borrow that? So Oh, what's this? It looks like it's from an alarm clock.
That's old school, huh? I'm gonna need a list of the tenants and all the security camera footage from the lobby and the street, okay? The other guard went to the hospital with the victim.
Yeah.
From what I hear, he could end up being our only living witness.
(SCOFFS) Yoga classes, prenatal.
Two victims now.
Lori was handling the packages.
Usually it's medical supplies, specimens going to the labs upstairs.
She make the deliveries every night? No, 6:00 to 2:00 isn't her normal shift.
I don't know if she was filling in or switched or what.
Still, it was nice of you to ride with her to the hospital.
I thought somebody should be here.
You know, if she came to.
I called her husband six times, no answer.
How's she doing, Doc? She's out of surgery, but she's had a massive stroke.
She went into a coma.
We're seeing minimal brain activity.
Any chance of recovery? Maybe 5%.
What about the baby? Stable.
The fetus should be okay as long as Ms.
Emerson's on life support.
She's in post-op with her husband.
RYAN: The money's been tight, so Lori was trying to get in some OT before going on maternity.
Oh, God, baby.
ED: Look, we're really sorry.
The other security guard, he said he had a tough time reaching you.
I couldn't hear my phone.
You were in a bar, that's why.
Joan, don't start! JOAN: I can smell the booze.
DAVID: From here.
Out drinking while she's dying? My brother's here now, huh? Don't you use that tone with my wife! DOCTOR: Stop! (JOAN CRYING) The three of us go outside.
Come on.
Lori's been staying at her mother's the last couple of weeks.
It's the kid, you know, and money.
Me and Dean have a contracting business.
Yeah.
Things have been slow.
So you couldn't stay in the same house and work it out? Was Lori afraid of you? I would never lay a hand on her.
Was he abusive? Well, no, he never actually hit her.
All that arguing, I told her it wasn't healthy for the baby.
So moving out was your idea? Ryan's wasting his time working with that brother of his.
He's about to be a father with a young son on the way.
It's time for him to get serious.
It was supposed to be a wake-up call.
The amount of explosives packed into that pipe should've blown the doors off that elevator.
Why didn't it? Bad design.
Too much âWe was used as a detonator.
Cheddite was the main explosive, but nitro has the greater velocity of explosion.
The nitro blew the end off the pipe before the cheddite detonated.
Right.
What else? The parts were untraceable, it was packed in a small white cardboard box, the address label was unreadable.
Maybe she wasn't the target.
Somebody could have a beef with somebody in the building.
Doctors and labs.
Do a threat assessment.
Right.
Any kind of threats? Calls, letters How about the procedures you do there? Anything controversial? Sure, the doctor can call me back later.
Okay.
Thank you.
Doctors All these people care about is how this explosion will drive up their insurance.
I just saw your sister-in-law.
How's she doing? Uh, better.
Hey, Ed, you like kids? Yeah, I like kids.
LUPO: That one.
White, small.
"B & C Couriers.
" I don't care what the courier told you, this doesn't look like the boxes which we use to send our specimens.
I was the last one to leave the office yesterday, and I did not see this box.
Where Where do you leave your specimens? Right here.
In here.
Pick-ups are always between 6:00 and 7:00.
But this is not my package.
You get a lot of traffic through here? These are all doctors' offices.
Dr.
Zimmer, Dr.
Bellamy, Dr.
Stern People come and go all day long.
Any of the labs you use for your specimens on this list? This one.
I use them a lot.
But I'm telling you, this is not my package.
Okay.
Genatech.
Ninth floor of the victim's building.
We were the target? Oh my.
All we do here are liver screens, chem eight profiles, R.
A.
s, ASOs, blood work, urine and fecal specimens, genetic screening, all very routine.
Anything involving stem cells or testing on animals? No, nothing controversial.
No, our business partners wouldn't approve.
Those tests, though, they're wrong sometimes, right? When was the last time? We botched an amnio test a few months ago.
The parents were told the karyotype analysis revealed the fetus had Trisomy 21, Down syndrome.
This was not correct.
We discovered it a week later, but The parents had already terminated the pregnancy.
Terminated a healthy baby.
Did they sue? Our insurance company settled two weeks ago.
MIKE: We'd been trying for seven years to get pregnant.
That baby was our last shot.
I had two miscarriages.
I'm 42.
We' e very g Qr "S! I but would you mind putting down where you were yesterday between 5:00 and 7:00? You seriously think I had something to do with that bomb? The lab told us you settled a lawsuit for a fraction of what you were asking.
That had to leave a bad taste.
It wasn't about the money.
Sir? They wore you down, didn't they? They told you your lawsuit didn't have a chance.
After all, it was you that decided to end the pregnancy.
Forgive me for saying so, but they have a point.
A Downs kid can live a pretty good life these days.
Maybe you should've played the hand you were dealt.
Is that what Genatech said when they gave you a couple bucks? Screw you.
We just wanted an apology.
And we got one from Hoffman.
In person.
I don't know how sincere he was.
He just wanted the whole thing over.
It's as good as we were going to get from those people.
And here.
An adoption agency? That's where we were yesterday.
We're having our baby, one way or the other.
Are we done now? You too.
Thank you.
The adoption place vouches for Flemming.
The Chief of Ds got a complaint about you coming down on a witness over a therapeutic abortion.
You put a personal spin on it? First off, it was a suspect.
And second, I was playing him.
Sounded okay to me.
I don't care where it's coming from.
You question a suspect, you don't personalize theissues.
So what did you conclude about this suspect? Flemming's covered for the time that the package was left at the doctor's office.
So? I was with this I was engaged to this girl, she got pregnant, and when the amnio came back, we couldn't agree on what to do.
So, like that (SNAPS FINGERS) Sorry you asked, right? Check this out.
Two years ago, Hoffman is a professor at Hudson, full tenure and research grants up the ass, and then he leaves for Genatech.
Maybe it wasn't his choice.
CHANG: There was no scandal.
Doctor Hoffman was presented with a business opportunity and he jumped at it.
All those blood tests add up to serious money.
He left all this for money? All this isn't all it's cracked up to be.
And he no longer has to deal with the outraged attentions of our campus thought police.
One of these groups was giving Dr.
Hoffman a hard time? He found a death threat nailed to the door of his lab.
He suspected a kid from one of our campus Christian ministries, but he couldn't prove it.
This death threat, can we see it? I have a copy in my office.
I remember it clearly.
"Hoffman, you are the Darwin of deviance, "and you'll burn in hell with the faggots you love.
" Why this reference to gays? That's what Hoffman was researching here, a genetic marker for sexual orientation.
He was looking for a gay gene? Not just looking.
He claimed he found it.
I left that all behind.
I don't do that kind of research anymore.
What kind of research are you doing? Antigens, nothing controversial.
But this gay gene, it's for real? Absolutely.
There are traits that suggest a physical difference between gays and straights.
The direction of the hair whorl at the back of the head of males, for example.
These differences have a genetic basis.
Here, the XQ-28 region of the human genome.
And this is what people are upset about? Mmm.
If sexual orientation is hard-wired into our DNA, then it's no longer a choice.
Good news for the gay community.
And bad for our Bible-thumping friend.
You had an idea who he was, right? An undergrad, Luke Drummond.
I had a run-in with him right before I found that note on my door.
I was here all afternoon Tuesday.
And then I went home to the community house.
You ask them.
Oh, we will.
Of course, your fellow believers could lie to cover for you.
Oh, there's no need to.
Hoffman can do all the research he wants, it's not important anymore.
Well, wait, how do you figure? If Doctor Hoffman's right about this gene, doesn't that prove being gay is part of God's design? All temptation is a part of God's design, genetic or not.
What if some of these kids here have a gene for addiction? It doesn't mean they should just give up and get high.
They can make a moral choice.
So taking drugs and being gay, it's all the same to you? It's the same struggle for everybody.
I mean, the anger I felt when I threatened Hoffman, that was That was the devil in my heart.
"Do not be overcome by evil, but overcome evil with good.
" Romans.
DRUMMOND: 12:21.
So instead of death threats, you're out here doing good? This is where my faith has led me.
ED: People like that make me think the world ain't ready for a gay gene.
What? Some things are better left unknown? Hell, yes.
It's like those women that find out they have the breast cancer gene.
They get mastectomies and they still get the cancer.
And some of them don't do anything and they're fine.
What're you going to do? Are you going to stop the march of science? No.
It's the march of stupidity I'm talking about.
Let's say you have the gay gene.
Maybe it doesn't mean you're gay, but if your neighbor finds out you got it, watch out.
Right.
So Doctor Hoffman's trying to get his research published.
He couldn't do that without the university knowing about it.
If somebody wanted to stop him, that'd be the first place they'd go.
I'm sorry.
We're not supposed to give out any information about university research projects, except if Dr.
Chang says it's okay.
Miss.
I'm sure you want to help us catch the person that did this.
Oh, that's so sad.
If somebody called here about Dr.
Hoffman's study, maybe even one of his research subjects So sad Anyway, I still can't talk about the research.
But if you want to know if somebody called about Dr.
Hoffman, that's different.
Okay.
We want to know.
They asked if the Dr.
Hoffman at Genatech is the same Dr.
Hoffman who taught here.
ED: You get this person's name? Totally.
I don't give out information to just anybody, but he said he was a doctor.
Here.
It was two weeks ago.
He said his name was Dr.
Paul Bellamy.
What are the odds? I didn't make that call.
I never even heard of Sheldon Hoffman.
Can you think of anybody that might impersonate you on the phone? Somebody violent, maybe hates gays or has extreme religious views? Maybe one of your patients? Nice try, but my patients are off limits.
And you have my assurance as a psychiatrist, they're all garden variety neurotics.
Okay, maybe we can narrow it down a little bit.
This guy knows that a courier picks up lab samples at Dr.
Choudhary's office between 5:00 pm and 7:00 pm.
So maybe a patient that has a regular appointment around that time.
(sums) (BEEPING) Doctor, when we arrest this guy, and we will, I would hate to find out that he spilled his guts to you about sending this bomb and you did nothing to stop him.
I'm well aware of my legal and ethical obligations.
(KNOCKING AT DOOR) Brilliant.
You locked the door.
(BEEPING) BELLAMY: Mrs.
Watkins.
I'm sorry, little problem with the door.
Now, I'll take you right in.
(DOOR CLOSING) You go right in.
You're still here.
Thank you, Doctor.
What the hell was that? I emailed his schedule to my phone.
I figured that much.
Well, if that wasn't plain sight, what is? Plain sight don't cover what you just did.
It does where I've been for the last four years.
Well, newsflash, you home now, and you got a partner who don't want to deal with that headache.
Then I guess you don't want to know who has an appointment with Bellamy every Tuesday and Thursday at 5:00.
Dean Emerson, Lori's brother-in-law.
ED: We got a hit off the phone dumps.
There was a call to Hudson University from Dean's apartment.
He have a history of anti-gay violence or activism? LUPO: No, nothing's turned up.
But he just happened to send a bomb to someone who worked in the same building as his sister-in-law? Dean's call to the university about Hoffman and Genatech might have been a smokescreen to hide the real target.
Lori and her husband were having problems.
Ryan looks like a cut-and-run type.
He might've been looking for a cheap way out of the marriage.
And he got his brother to do the heavy lifting.
But we don't have anything on Ryan.
The call came from Dean's apartment, so start there.
Hey! That's my room.
The small one, that's my son's room.
What? You don't think I can read a warrant? I was a bail bondsman for 15 years.
You can only search the parts of the home under my son's control.
The place is clean.
Hmm.
You okay, sir? Yeah, yeah It's just this bum ticker.
I'll be fine as soon as you guys clear out.
Do you take pills for your heart? Yeah, I take pills.
Can I see them? Please.
Here.
This is a three-month supply.
You got it two weeks ago.
So where's the rest of them? How the hell would I know? Nitroglycerine, no different than the nitro in the bomb.
Put down the nail gun, Dean.
Put it down! What's going on? Stay back.
You're under arrest for attempted murder.
Arrest for what? No.
It's It's okay, Ryan.
You go take care of Dad.
Mr.
Emerson is a business owner.
He is the caretaker of his elderly father.
Whose heart medication he stole to make his bomb.
Did he now? JUDGE ALDEN: Points for creativity, Mr.
Emerson.
Bail's $500,000.
(BANGS GAVEL) Hey.
Don't worry.
I'll get the money.
I'll get the money.
You better find that money quick.
You don't want your brother rolling on you when we offer him a deal.
You think you can scare us? Forget it.
It's the Emerson Brothers bake-off.
First pie out of the oven gets the prize.
Leave Ryan out of it.
Dean.
My client's not interested in a deal.
I just think everyone should get what's coming to them.
No more, no less.
Your kid brother's the only one who stands to gain from your recalcitrance.
You could convince us that none of this was your idea.
After all, Ryan's the violent one.
He's the one with the juvenile record for aggravated assault.
Time is your enemy, Mr.
Emerson.
Don't leave empty-handed.
Motion to suppress.
It's all going out, the search, the nitro pills, the phone call.
Ask your detectives.
They know why.
The probable cause for the search was the fact he's seeing a shrink down the hall from where the bomb was picked up.
And how did you know he was a patient there? It came up at the shrink's.
The affidavit from Dr.
Bellamy says he invoked doctor-patient privilege and refused to give you any information.
Try again, Detective.
Dr.
Bellamy left his BlackBerry in plain sight in the waiting room.
His appointment calendar was on the screen.
You could read it from where you were standing? (slsl-ls) No.
I emailed his weekly calendar from his BlackBerry to my phone.
That's aviolation of the privilege.
CUTTER: Is it? Oh, okay.
Thank you, Lieutenant.
I don't care what kind of legal two-step they dream up.
I know a bad search when I see it.
Tell me you were tying your shoe when he did that.
I was tying my shoe when he did that.
CUTTER: There's no violation.
I'd argue the mere fact of having an appointment with a doctor isn't privileged information.
Based on what? The attorney-client privilege, which doesn't cover an attorney's client list.
Throw in a good faith argument, and I think we got it.
The issue is plain sight.
The calendar was on the doctor's BlackBerry screen.
I'd need a telescope to read that.
Well, as far as I know, the plain sight rule doesn't have an exclusion for myopia.
Don't be a wise-ass.
Detective Lupo couldn't read the information either.
That's why he stole it by emailing it.
He sent himself a digital copy of something he was allowed to see in the first place.
Is that stealing? It's never been argued in this context.
And it won't be argued now.
The evidence is still admissible under the principle of inevitable discovery.
Going back to the call that led the police to Emerson's psychiatrist, a search of the university's phone records would also have led them to Emerson.
Your Honor, the court can't reward the violation of my client's rights.
I don't intend to.
The evidence of Mr.
Emerson's call to the university stays in, the pills and the psychiatrist are out.
I'm also granting the defense's application for bail reduction, with the condition the defendant will be confined to his home.
This boy of yours, Jack McCoy Ah, ah, ah.
No.
We agreed, no dumping on Jack in front of Connie.
Yeah.
How much is out? Yeah.
The news isn't any better here.
Lori wasn't scheduled to work that night.
She was called in sometime in the afternoon.
Begs the question, did Ryan and Dean find out she was working in time for Dean to leave the bomb where the courier picked it up? So far the answer's no.
There's no record that Lori and Ryan talked to each other Tuesday afternoon.
Square one.
When did Lori find out she had to report for work? Well, her supervisor never spoke to her directly.
He left a message with her parents.
Start tracking down those messages.
My wife gave her the message.
I'm not sure what time the call came in.
You can ask her when she comes back from the powder room.
You ain't going to let them get away with this, are you? Ryan and his brother? No, we'll do our best.
Lori never liked that Dean.
Why's that, Mr.
Drucker? A leech.
Bloodsucker, living off his brother Ryan's hard work, living off his dad.
Honey, Ms.
Rubirosa here wants to know about that message from Lori's supervisor.
When did you give Lori the message she had to work that night? Let me think now It was just after 5:30.
I finally reached her on her cell phone.
That sounds too late for her to get to work on time.
She said it was no problem since she was already upstairs in the building.
In the building where she worked? What was she doing there on her day off? She said she was at a doctor's office.
Her obstetrician? No, another doctor, uh, Dr.
Hoffman.
I don't know what she was seeing him for.
She's a security guard.
Maybe she was at the lab to discuss security.
CONNIE: On her day off? Your colleague, Dr.
Brill, couldn't think of a reason why Lori would visit you.
But she did find this in your lab's records.
It's a record for an amnio you had done on Lori.
You ordered the amnio for your research.
Doctor Hoffman can't get into that.
He's engaged in proprietary research.
There are lucrative patents at stake that must be protected from competition.
Doctor Hoffman should be worried about protecting himself from me.
He was using the victim for a research project, and he didn't think it worth mentioning to the police.
I didn't know it had anything to do with this bombing.
You're looking for a way to identify this gay gene in a fetus, aren't you? That would be correct.
Did Lori know what you were doing? No.
I found out she was pregnant.
I asked her to participate in a research study to find genetic markers for cancer in utero.
I needed a comparative DNA sample from a member of her family.
Two weeks ago, I asked Lori to ask Dean Emerson for a sample.
He refused.
Why ask Dean in particular? On the questionnaire she filled out for the study, Lori indicated a history of homosexuality in her husband's family.
Dean in particular.
Dean Emerson is gay.
It matters how? Hoffman's trying to identify a genetic marker for homosexuality in a fetus.
It could be the first step towards a screening test to see if your baby is gay.
Given the option, how many homophobic parents would abort fetuses they think are gay? A whole community could be wiped out of existence.
Dean Emerson might not like the idea of being the last of his kind.
So he tried to kill Hoffman to stop it.
We had the right suspect, but the wrong motive.
I hear Pandora's box creaking open.
PARRISH: You won't be sorry you came all the way out here.
Our proposal is simple.
Dean pleads guilty, you agree 15 to life, and you don't oppose his parole after 15.
I'd rather lose the case at trial than give your client one day off the And that's not accounting for the murder charges I'm going to file when his sister-in-law dies.
Mr.
Cutter, please, for my father's sake.
I've always been discreet about my orientation.
Your father doesn't know.
On my 18th birthday, I came out to him, and then every year for five years.
But he never heard me, so I gave up.
It's not just him.
It's the family, his brothers, friends.
My dad still lives in the same neighborhood he grew up in, and a trial would be embarrassing.
What part of the trial would be embarrassing for your family, to find out you're gay or that you nearly killed your pregnant sister-in-law? My family? That's a real good question.
I told Lori I needed a DNA sample from Dean, a swab from his mouth, nothing invasive.
She called him from my office to ask him.
And what, if anything, did you hear of her conversation? She gave him my name.
She told him she was participating in a research study.
She started arguing with him, she called him paranoid.
After she hung up, she told me Dean refused to supply a DNA sample.
Thank you, Doctor.
Doctor, you've received death threats in the past, haven't you? Yes, two years ago, from a religious zealot.
How about now, since the news broke about your work on identifying the gay gene in fetuses? Any death threats? Many, from the gay community this time.
They liked me well enough when I found a genetic basis for their behavior, but now Are they upset now because your work might lead to a screening test? I don't know about that.
Isn't that the patent you applied for, a screening test to identify this gay gene in unborn babies? Yes.
So while you're making millions off this patent, the gay community is worried that your test might ignite what they've termed a gay holocaust.
Objection, relevance.
Withdrawn.
Doctor, in light of the highly provocative nature of your research, are you aware if the police investigated any suspects besides my client in connection with the bombing? No, I'm not aware of it.
Far as the threats, I think most people understand that science seeks only one thing.
The truth.
I don't have any political ax to grind here.
Doctor, isn't it true that your findings have been rejected by every scientific journal you've submitted them to? That's only three journals.
I have successfully screened for the marker in utero.
That's why I asked Dean for a DNA sample.
Lori Emerson's child carries the marker for homosexuality.
That's according to your standards.
No further questions.
I knew since high school my brother was gay.
But he wasn't one of those flashy gay guys.
He wasn't political.
He played it cool.
PARRISH: You love your brother, Ryan? Yeah.
He's my big brother.
Taught me how to throw a spiral.
You know, football? You were arrested when you were 15 for assault.
Tell us about that.
These guys at our high school, real muffin-heads, theyjumped Dean in the parking lot 'cause he was gay.
They hurt him pretty bad.
Dean didn't want to go to the teachers or the cops.
So the next day I called those guys out.
They never bothered Dean again.
Knowing Dean as you do, do you think he was capable of sending that bomb? No.
That's not Dean.
Anyway, he can't even connect up a computer, you know? No further questions.
(CLEARS THROAT) You love your brother.
You love your wife too, and your unborn child? Yeah, sure.
I love them a lot.
Lori's gonna pull through.
We'd all like that, Mr.
Emerson.
After his beating, did your brother receive any medical help orcounsefing? He got patched up at the hospital, started seeing a shrink for depression.
Objection.
To her own witness? It's clear where this is going.
Overruled, Ms.
Parrish.
Ryan, do you know the name of Dean's therapist or where his office is? I don't remember his name.
But I went on the subway a couple times with Dean.
The same building where the bomb was left to be picked up by a courier.
Approach, Your Honor? I want this testimony stricken.
This is the same evidence you suppressed.
She put this witness on the stand, Your Honor, she opened the door.
And so you did, Ms.
Parrish.
The objection is overruled.
Good recovery today.
What's all this? Your summation? Parrish's.
Trying to imagine what I would say in her shoes.
"Haber"? Fritz Haber, German chemist.
Won the Nobel in 1918, invented chlorine gas and Zyklon B, the poison of choice in the Nazi extermination camps.
The moral arithmetic defense, kill one scientist to save millions.
It's a good one.
If Dean had killed Haber, maybe I'd move to acquit.
So what's your rebuttal? Dr.
Hoffman was no Fritz Haber, right? Well, if you were a fetus with the gay gene, you might not be saying that.
But this isn't Nazi Germany.
Dean Emerson had other venues available to voice his protest.
Make sure you point that out in your summation.
By the way, Fritz Haber's wife committed suicide to protest his work with poison gas.
Maybe Mr.
Emerson should've followed her moral example.
(KNOCKING AT DOOR) Not sure what to make of this.
The defense just added an alibi witness.
David Drucker, Lori's father.
It's real simple.
The day you say Dean was planting that bomb, he was at our house in Long Island, fixing a leak in our powder room.
Even stayed for dinner.
Strange that Dean never contacted you to provide an alibi.
Dean and I don't always see eye-to-eye on things, but Maybe he thought I wouldn't stand up for him.
But he's family.
Excuse me.
Excuse me.
Lori's things have been taken away.
Is she being moved? Yes, tomorrow, to obstetrics ICU on three.
Is something wrong with her baby? No.
The baby's fine.
Are you family? No, we're with the District Attorney.
So, whatever you can tell us Well, I can't talk about this case in particular, but for someone in Lori's condition, bringing a pregnancy to full term reduces her chance of recovery from 5% to almost nothing.
But if the pregnancy is terminated now, her chances stay at 5%.
Wait.
That's what's going to happen? The pregnancy's being terminated? It was her husband's decision.
What happens if they don't terminate the pregnancy? The chances are almost 100% the baby would grow to full term and be delivered healthy and normal.
Aborting a healthy boy for a 5% chance of saving your wife I don't know what Ryan's thinking.
It's desperate and unexpected.
Like David Drucker's sudden testimony.
So, what changed? Hoffman.
He testified he found the gay genetic marker in the fetus.
You mentioned how much David dislikes Dean.
What if it's homophobia? And someone like that wouldn't be thrilled with a gay grandson.
He made a deal with Ryan.
Abort the child in return for perjured testimony to save Ryan's beloved brother.
I'm going to be sick.
Later.
We gotta get a stay to stop that abortion.
Put that away.
Judge Bell will never talk to you ex parte.
(sums) But he'll talk to me.
I need you to issue a stay to stop the abortion of Lori Emerson's child.
My people believe it's the quid pro quo in an illegal agreement between Ryan Emerson and his father-in-law to obstructjustice.
You mean the alibi testimony from David Drucker? He's scheduled to take the stand tomorrow.
And the abortion is scheduled for the morning.
We think this agreement is being driven by Drucker's homophobic bias against his unborn grandson he believes carries a gay gene.
You have evidence there's a connection between the testimony and the abortion? No, but if we're right, and the abortion goes through, the harm is irremedial.
A stay is the only remedy.
If Drucker's testimony isn't credible, your remedy is cross-examination.
By then it'll be too late, Joe.
Judge.
It isn't just about the obstruction of justice.
It's nice to still see you tilting at windmills.
Jack, you have no evidence of conspiracy.
What's it going to cost you to delay a few hours? And no standing to challenge Ryan Emerson's medical power of attorney.
I'm sorry.
Your application for a stay is denied.
He didn't go for it.
Terrific.
I should've talked to him.
Believe me, if he said no to me, he would've said no to you.
Jack, I never heard of Arthur Branch fighting your battles for you.
Is this what you want to talk about here? Now, if you want to do something about the abortion, there might be a way to derail the train.
Dean Emerson.
Does he really know the price of this alibi? Maybe not.
Maybe time for a family powwow.
PARRISH: I'll have you know I had to skip Pilates to get here this early.
Do I have to guess, or is this about CUTTER: Have a seat, please.
In case you're wondering where your alibi witness is, Mr.
Drucker is at the hospital with his wife, attending to their daughter.
She's in obstetrics ICU being prepped for a procedure two hours from now.
What kind of procedure? Did you really think Mr.
Drucker's helpful testimony wasn't coming at a price? Did you think that homophobe would do you a favor? He's doing it because it's the right thing for our family.
Then why don't you tell your brother what procedure Lori's undergoing this morning? The procedure you approved.
DEAN: Ryan Ryan, tell me what you did.
He's having Lori's pregnancy terminated.
He's aborting your nephew.
Your nephew with the gay gene.
That's the price of Drucker's alibi.
That's not why.
It's Lori, man.
If I keep the baby, she's got almost no chance of coming back.
You're sacrificing your son for the slimmest hope.
DEAN: Ryan, don't Don't do it.
Stop it! They'll put you in prison forever.
Forget about the kid.
Dean, why is it so easy for him to dispose of his son? You know, don't you? Yeah, I know.
You're just like Dad, aren't you? Shut up.
Your son, your gay son, deserves a life, Ryan.
You don't know what you're talking about.
This is it, Dean, this is what killing Hoffman was supposed to stop, a gay holocaust, right in your own family.
I don't want this.
Then take away the reason for Ryan to do it.
That boy's life is in your hands.
If you don't step up now Yeah.
I didn't mean for Lori to get hurt.
I know.
I forgive you, just shut up.
No.
I did it.
I sent the bomb.
Dean, stop! I knew if Hoffman found the gene in the baby, with Lori and her parents, that kid had no chance.
So now you don't have to go through it, Ryan.
There's no point.
You want this kid to have a life like what, like yours? You forget what school was like? All the miserable days, all the beat-downs? Even now, you can't have a normal life.
You can't be yourself around Dad.
I don't wish that kind of life for anybody.
Ryan, don't Don't say that.
It would be the same as if this kid had a disease.
Being gay is not a disease.
Yeah, well, where we live, bro? It might as well be.
Ryan postponed the abortion for two days.
Doesn't leave him much time for soul-searching.
CUTTER: I doubt it'll make any difference.
What parent doesn't want his child to have the perfect life? That's one area where science has been no help.
How to keep well-meaning people from making lousy decisions.
Maybe one day, they can find a gene for that.
These are their stories.
She forgot to designate a driver before getting hammered.
Why should I be surprised? Ooh! She forgot her panties, too.
How old is this? Lift with your legs, Lori.
You're a real gentleman, Rog.
Might as well start your rounds while you're up there.
Give me a break.
(EXPLODING) (POLICE RADIO CHATTERING) She was taking packages upstairs when the bomb went off.
She was barely breathing when they put her on the bus.
What's her name? Emerson, Lori Emerson.
Lori Emerson What's it look like? I'm finding pieces of a pipe bomb.
Oh.
Can I borrow that? So Oh, what's this? It looks like it's from an alarm clock.
That's old school, huh? I'm gonna need a list of the tenants and all the security camera footage from the lobby and the street, okay? The other guard went to the hospital with the victim.
Yeah.
From what I hear, he could end up being our only living witness.
(SCOFFS) Yoga classes, prenatal.
Two victims now.
Lori was handling the packages.
Usually it's medical supplies, specimens going to the labs upstairs.
She make the deliveries every night? No, 6:00 to 2:00 isn't her normal shift.
I don't know if she was filling in or switched or what.
Still, it was nice of you to ride with her to the hospital.
I thought somebody should be here.
You know, if she came to.
I called her husband six times, no answer.
How's she doing, Doc? She's out of surgery, but she's had a massive stroke.
She went into a coma.
We're seeing minimal brain activity.
Any chance of recovery? Maybe 5%.
What about the baby? Stable.
The fetus should be okay as long as Ms.
Emerson's on life support.
She's in post-op with her husband.
RYAN: The money's been tight, so Lori was trying to get in some OT before going on maternity.
Oh, God, baby.
ED: Look, we're really sorry.
The other security guard, he said he had a tough time reaching you.
I couldn't hear my phone.
You were in a bar, that's why.
Joan, don't start! JOAN: I can smell the booze.
DAVID: From here.
Out drinking while she's dying? My brother's here now, huh? Don't you use that tone with my wife! DOCTOR: Stop! (JOAN CRYING) The three of us go outside.
Come on.
Lori's been staying at her mother's the last couple of weeks.
It's the kid, you know, and money.
Me and Dean have a contracting business.
Yeah.
Things have been slow.
So you couldn't stay in the same house and work it out? Was Lori afraid of you? I would never lay a hand on her.
Was he abusive? Well, no, he never actually hit her.
All that arguing, I told her it wasn't healthy for the baby.
So moving out was your idea? Ryan's wasting his time working with that brother of his.
He's about to be a father with a young son on the way.
It's time for him to get serious.
It was supposed to be a wake-up call.
The amount of explosives packed into that pipe should've blown the doors off that elevator.
Why didn't it? Bad design.
Too much âWe was used as a detonator.
Cheddite was the main explosive, but nitro has the greater velocity of explosion.
The nitro blew the end off the pipe before the cheddite detonated.
Right.
What else? The parts were untraceable, it was packed in a small white cardboard box, the address label was unreadable.
Maybe she wasn't the target.
Somebody could have a beef with somebody in the building.
Doctors and labs.
Do a threat assessment.
Right.
Any kind of threats? Calls, letters How about the procedures you do there? Anything controversial? Sure, the doctor can call me back later.
Okay.
Thank you.
Doctors All these people care about is how this explosion will drive up their insurance.
I just saw your sister-in-law.
How's she doing? Uh, better.
Hey, Ed, you like kids? Yeah, I like kids.
LUPO: That one.
White, small.
"B & C Couriers.
" I don't care what the courier told you, this doesn't look like the boxes which we use to send our specimens.
I was the last one to leave the office yesterday, and I did not see this box.
Where Where do you leave your specimens? Right here.
In here.
Pick-ups are always between 6:00 and 7:00.
But this is not my package.
You get a lot of traffic through here? These are all doctors' offices.
Dr.
Zimmer, Dr.
Bellamy, Dr.
Stern People come and go all day long.
Any of the labs you use for your specimens on this list? This one.
I use them a lot.
But I'm telling you, this is not my package.
Okay.
Genatech.
Ninth floor of the victim's building.
We were the target? Oh my.
All we do here are liver screens, chem eight profiles, R.
A.
s, ASOs, blood work, urine and fecal specimens, genetic screening, all very routine.
Anything involving stem cells or testing on animals? No, nothing controversial.
No, our business partners wouldn't approve.
Those tests, though, they're wrong sometimes, right? When was the last time? We botched an amnio test a few months ago.
The parents were told the karyotype analysis revealed the fetus had Trisomy 21, Down syndrome.
This was not correct.
We discovered it a week later, but The parents had already terminated the pregnancy.
Terminated a healthy baby.
Did they sue? Our insurance company settled two weeks ago.
MIKE: We'd been trying for seven years to get pregnant.
That baby was our last shot.
I had two miscarriages.
I'm 42.
We' e very g Qr "S! I but would you mind putting down where you were yesterday between 5:00 and 7:00? You seriously think I had something to do with that bomb? The lab told us you settled a lawsuit for a fraction of what you were asking.
That had to leave a bad taste.
It wasn't about the money.
Sir? They wore you down, didn't they? They told you your lawsuit didn't have a chance.
After all, it was you that decided to end the pregnancy.
Forgive me for saying so, but they have a point.
A Downs kid can live a pretty good life these days.
Maybe you should've played the hand you were dealt.
Is that what Genatech said when they gave you a couple bucks? Screw you.
We just wanted an apology.
And we got one from Hoffman.
In person.
I don't know how sincere he was.
He just wanted the whole thing over.
It's as good as we were going to get from those people.
And here.
An adoption agency? That's where we were yesterday.
We're having our baby, one way or the other.
Are we done now? You too.
Thank you.
The adoption place vouches for Flemming.
The Chief of Ds got a complaint about you coming down on a witness over a therapeutic abortion.
You put a personal spin on it? First off, it was a suspect.
And second, I was playing him.
Sounded okay to me.
I don't care where it's coming from.
You question a suspect, you don't personalize theissues.
So what did you conclude about this suspect? Flemming's covered for the time that the package was left at the doctor's office.
So? I was with this I was engaged to this girl, she got pregnant, and when the amnio came back, we couldn't agree on what to do.
So, like that (SNAPS FINGERS) Sorry you asked, right? Check this out.
Two years ago, Hoffman is a professor at Hudson, full tenure and research grants up the ass, and then he leaves for Genatech.
Maybe it wasn't his choice.
CHANG: There was no scandal.
Doctor Hoffman was presented with a business opportunity and he jumped at it.
All those blood tests add up to serious money.
He left all this for money? All this isn't all it's cracked up to be.
And he no longer has to deal with the outraged attentions of our campus thought police.
One of these groups was giving Dr.
Hoffman a hard time? He found a death threat nailed to the door of his lab.
He suspected a kid from one of our campus Christian ministries, but he couldn't prove it.
This death threat, can we see it? I have a copy in my office.
I remember it clearly.
"Hoffman, you are the Darwin of deviance, "and you'll burn in hell with the faggots you love.
" Why this reference to gays? That's what Hoffman was researching here, a genetic marker for sexual orientation.
He was looking for a gay gene? Not just looking.
He claimed he found it.
I left that all behind.
I don't do that kind of research anymore.
What kind of research are you doing? Antigens, nothing controversial.
But this gay gene, it's for real? Absolutely.
There are traits that suggest a physical difference between gays and straights.
The direction of the hair whorl at the back of the head of males, for example.
These differences have a genetic basis.
Here, the XQ-28 region of the human genome.
And this is what people are upset about? Mmm.
If sexual orientation is hard-wired into our DNA, then it's no longer a choice.
Good news for the gay community.
And bad for our Bible-thumping friend.
You had an idea who he was, right? An undergrad, Luke Drummond.
I had a run-in with him right before I found that note on my door.
I was here all afternoon Tuesday.
And then I went home to the community house.
You ask them.
Oh, we will.
Of course, your fellow believers could lie to cover for you.
Oh, there's no need to.
Hoffman can do all the research he wants, it's not important anymore.
Well, wait, how do you figure? If Doctor Hoffman's right about this gene, doesn't that prove being gay is part of God's design? All temptation is a part of God's design, genetic or not.
What if some of these kids here have a gene for addiction? It doesn't mean they should just give up and get high.
They can make a moral choice.
So taking drugs and being gay, it's all the same to you? It's the same struggle for everybody.
I mean, the anger I felt when I threatened Hoffman, that was That was the devil in my heart.
"Do not be overcome by evil, but overcome evil with good.
" Romans.
DRUMMOND: 12:21.
So instead of death threats, you're out here doing good? This is where my faith has led me.
ED: People like that make me think the world ain't ready for a gay gene.
What? Some things are better left unknown? Hell, yes.
It's like those women that find out they have the breast cancer gene.
They get mastectomies and they still get the cancer.
And some of them don't do anything and they're fine.
What're you going to do? Are you going to stop the march of science? No.
It's the march of stupidity I'm talking about.
Let's say you have the gay gene.
Maybe it doesn't mean you're gay, but if your neighbor finds out you got it, watch out.
Right.
So Doctor Hoffman's trying to get his research published.
He couldn't do that without the university knowing about it.
If somebody wanted to stop him, that'd be the first place they'd go.
I'm sorry.
We're not supposed to give out any information about university research projects, except if Dr.
Chang says it's okay.
Miss.
I'm sure you want to help us catch the person that did this.
Oh, that's so sad.
If somebody called here about Dr.
Hoffman's study, maybe even one of his research subjects So sad Anyway, I still can't talk about the research.
But if you want to know if somebody called about Dr.
Hoffman, that's different.
Okay.
We want to know.
They asked if the Dr.
Hoffman at Genatech is the same Dr.
Hoffman who taught here.
ED: You get this person's name? Totally.
I don't give out information to just anybody, but he said he was a doctor.
Here.
It was two weeks ago.
He said his name was Dr.
Paul Bellamy.
What are the odds? I didn't make that call.
I never even heard of Sheldon Hoffman.
Can you think of anybody that might impersonate you on the phone? Somebody violent, maybe hates gays or has extreme religious views? Maybe one of your patients? Nice try, but my patients are off limits.
And you have my assurance as a psychiatrist, they're all garden variety neurotics.
Okay, maybe we can narrow it down a little bit.
This guy knows that a courier picks up lab samples at Dr.
Choudhary's office between 5:00 pm and 7:00 pm.
So maybe a patient that has a regular appointment around that time.
(sums) (BEEPING) Doctor, when we arrest this guy, and we will, I would hate to find out that he spilled his guts to you about sending this bomb and you did nothing to stop him.
I'm well aware of my legal and ethical obligations.
(KNOCKING AT DOOR) Brilliant.
You locked the door.
(BEEPING) BELLAMY: Mrs.
Watkins.
I'm sorry, little problem with the door.
Now, I'll take you right in.
(DOOR CLOSING) You go right in.
You're still here.
Thank you, Doctor.
What the hell was that? I emailed his schedule to my phone.
I figured that much.
Well, if that wasn't plain sight, what is? Plain sight don't cover what you just did.
It does where I've been for the last four years.
Well, newsflash, you home now, and you got a partner who don't want to deal with that headache.
Then I guess you don't want to know who has an appointment with Bellamy every Tuesday and Thursday at 5:00.
Dean Emerson, Lori's brother-in-law.
ED: We got a hit off the phone dumps.
There was a call to Hudson University from Dean's apartment.
He have a history of anti-gay violence or activism? LUPO: No, nothing's turned up.
But he just happened to send a bomb to someone who worked in the same building as his sister-in-law? Dean's call to the university about Hoffman and Genatech might have been a smokescreen to hide the real target.
Lori and her husband were having problems.
Ryan looks like a cut-and-run type.
He might've been looking for a cheap way out of the marriage.
And he got his brother to do the heavy lifting.
But we don't have anything on Ryan.
The call came from Dean's apartment, so start there.
Hey! That's my room.
The small one, that's my son's room.
What? You don't think I can read a warrant? I was a bail bondsman for 15 years.
You can only search the parts of the home under my son's control.
The place is clean.
Hmm.
You okay, sir? Yeah, yeah It's just this bum ticker.
I'll be fine as soon as you guys clear out.
Do you take pills for your heart? Yeah, I take pills.
Can I see them? Please.
Here.
This is a three-month supply.
You got it two weeks ago.
So where's the rest of them? How the hell would I know? Nitroglycerine, no different than the nitro in the bomb.
Put down the nail gun, Dean.
Put it down! What's going on? Stay back.
You're under arrest for attempted murder.
Arrest for what? No.
It's It's okay, Ryan.
You go take care of Dad.
Mr.
Emerson is a business owner.
He is the caretaker of his elderly father.
Whose heart medication he stole to make his bomb.
Did he now? JUDGE ALDEN: Points for creativity, Mr.
Emerson.
Bail's $500,000.
(BANGS GAVEL) Hey.
Don't worry.
I'll get the money.
I'll get the money.
You better find that money quick.
You don't want your brother rolling on you when we offer him a deal.
You think you can scare us? Forget it.
It's the Emerson Brothers bake-off.
First pie out of the oven gets the prize.
Leave Ryan out of it.
Dean.
My client's not interested in a deal.
I just think everyone should get what's coming to them.
No more, no less.
Your kid brother's the only one who stands to gain from your recalcitrance.
You could convince us that none of this was your idea.
After all, Ryan's the violent one.
He's the one with the juvenile record for aggravated assault.
Time is your enemy, Mr.
Emerson.
Don't leave empty-handed.
Motion to suppress.
It's all going out, the search, the nitro pills, the phone call.
Ask your detectives.
They know why.
The probable cause for the search was the fact he's seeing a shrink down the hall from where the bomb was picked up.
And how did you know he was a patient there? It came up at the shrink's.
The affidavit from Dr.
Bellamy says he invoked doctor-patient privilege and refused to give you any information.
Try again, Detective.
Dr.
Bellamy left his BlackBerry in plain sight in the waiting room.
His appointment calendar was on the screen.
You could read it from where you were standing? (slsl-ls) No.
I emailed his weekly calendar from his BlackBerry to my phone.
That's aviolation of the privilege.
CUTTER: Is it? Oh, okay.
Thank you, Lieutenant.
I don't care what kind of legal two-step they dream up.
I know a bad search when I see it.
Tell me you were tying your shoe when he did that.
I was tying my shoe when he did that.
CUTTER: There's no violation.
I'd argue the mere fact of having an appointment with a doctor isn't privileged information.
Based on what? The attorney-client privilege, which doesn't cover an attorney's client list.
Throw in a good faith argument, and I think we got it.
The issue is plain sight.
The calendar was on the doctor's BlackBerry screen.
I'd need a telescope to read that.
Well, as far as I know, the plain sight rule doesn't have an exclusion for myopia.
Don't be a wise-ass.
Detective Lupo couldn't read the information either.
That's why he stole it by emailing it.
He sent himself a digital copy of something he was allowed to see in the first place.
Is that stealing? It's never been argued in this context.
And it won't be argued now.
The evidence is still admissible under the principle of inevitable discovery.
Going back to the call that led the police to Emerson's psychiatrist, a search of the university's phone records would also have led them to Emerson.
Your Honor, the court can't reward the violation of my client's rights.
I don't intend to.
The evidence of Mr.
Emerson's call to the university stays in, the pills and the psychiatrist are out.
I'm also granting the defense's application for bail reduction, with the condition the defendant will be confined to his home.
This boy of yours, Jack McCoy Ah, ah, ah.
No.
We agreed, no dumping on Jack in front of Connie.
Yeah.
How much is out? Yeah.
The news isn't any better here.
Lori wasn't scheduled to work that night.
She was called in sometime in the afternoon.
Begs the question, did Ryan and Dean find out she was working in time for Dean to leave the bomb where the courier picked it up? So far the answer's no.
There's no record that Lori and Ryan talked to each other Tuesday afternoon.
Square one.
When did Lori find out she had to report for work? Well, her supervisor never spoke to her directly.
He left a message with her parents.
Start tracking down those messages.
My wife gave her the message.
I'm not sure what time the call came in.
You can ask her when she comes back from the powder room.
You ain't going to let them get away with this, are you? Ryan and his brother? No, we'll do our best.
Lori never liked that Dean.
Why's that, Mr.
Drucker? A leech.
Bloodsucker, living off his brother Ryan's hard work, living off his dad.
Honey, Ms.
Rubirosa here wants to know about that message from Lori's supervisor.
When did you give Lori the message she had to work that night? Let me think now It was just after 5:30.
I finally reached her on her cell phone.
That sounds too late for her to get to work on time.
She said it was no problem since she was already upstairs in the building.
In the building where she worked? What was she doing there on her day off? She said she was at a doctor's office.
Her obstetrician? No, another doctor, uh, Dr.
Hoffman.
I don't know what she was seeing him for.
She's a security guard.
Maybe she was at the lab to discuss security.
CONNIE: On her day off? Your colleague, Dr.
Brill, couldn't think of a reason why Lori would visit you.
But she did find this in your lab's records.
It's a record for an amnio you had done on Lori.
You ordered the amnio for your research.
Doctor Hoffman can't get into that.
He's engaged in proprietary research.
There are lucrative patents at stake that must be protected from competition.
Doctor Hoffman should be worried about protecting himself from me.
He was using the victim for a research project, and he didn't think it worth mentioning to the police.
I didn't know it had anything to do with this bombing.
You're looking for a way to identify this gay gene in a fetus, aren't you? That would be correct.
Did Lori know what you were doing? No.
I found out she was pregnant.
I asked her to participate in a research study to find genetic markers for cancer in utero.
I needed a comparative DNA sample from a member of her family.
Two weeks ago, I asked Lori to ask Dean Emerson for a sample.
He refused.
Why ask Dean in particular? On the questionnaire she filled out for the study, Lori indicated a history of homosexuality in her husband's family.
Dean in particular.
Dean Emerson is gay.
It matters how? Hoffman's trying to identify a genetic marker for homosexuality in a fetus.
It could be the first step towards a screening test to see if your baby is gay.
Given the option, how many homophobic parents would abort fetuses they think are gay? A whole community could be wiped out of existence.
Dean Emerson might not like the idea of being the last of his kind.
So he tried to kill Hoffman to stop it.
We had the right suspect, but the wrong motive.
I hear Pandora's box creaking open.
PARRISH: You won't be sorry you came all the way out here.
Our proposal is simple.
Dean pleads guilty, you agree 15 to life, and you don't oppose his parole after 15.
I'd rather lose the case at trial than give your client one day off the And that's not accounting for the murder charges I'm going to file when his sister-in-law dies.
Mr.
Cutter, please, for my father's sake.
I've always been discreet about my orientation.
Your father doesn't know.
On my 18th birthday, I came out to him, and then every year for five years.
But he never heard me, so I gave up.
It's not just him.
It's the family, his brothers, friends.
My dad still lives in the same neighborhood he grew up in, and a trial would be embarrassing.
What part of the trial would be embarrassing for your family, to find out you're gay or that you nearly killed your pregnant sister-in-law? My family? That's a real good question.
I told Lori I needed a DNA sample from Dean, a swab from his mouth, nothing invasive.
She called him from my office to ask him.
And what, if anything, did you hear of her conversation? She gave him my name.
She told him she was participating in a research study.
She started arguing with him, she called him paranoid.
After she hung up, she told me Dean refused to supply a DNA sample.
Thank you, Doctor.
Doctor, you've received death threats in the past, haven't you? Yes, two years ago, from a religious zealot.
How about now, since the news broke about your work on identifying the gay gene in fetuses? Any death threats? Many, from the gay community this time.
They liked me well enough when I found a genetic basis for their behavior, but now Are they upset now because your work might lead to a screening test? I don't know about that.
Isn't that the patent you applied for, a screening test to identify this gay gene in unborn babies? Yes.
So while you're making millions off this patent, the gay community is worried that your test might ignite what they've termed a gay holocaust.
Objection, relevance.
Withdrawn.
Doctor, in light of the highly provocative nature of your research, are you aware if the police investigated any suspects besides my client in connection with the bombing? No, I'm not aware of it.
Far as the threats, I think most people understand that science seeks only one thing.
The truth.
I don't have any political ax to grind here.
Doctor, isn't it true that your findings have been rejected by every scientific journal you've submitted them to? That's only three journals.
I have successfully screened for the marker in utero.
That's why I asked Dean for a DNA sample.
Lori Emerson's child carries the marker for homosexuality.
That's according to your standards.
No further questions.
I knew since high school my brother was gay.
But he wasn't one of those flashy gay guys.
He wasn't political.
He played it cool.
PARRISH: You love your brother, Ryan? Yeah.
He's my big brother.
Taught me how to throw a spiral.
You know, football? You were arrested when you were 15 for assault.
Tell us about that.
These guys at our high school, real muffin-heads, theyjumped Dean in the parking lot 'cause he was gay.
They hurt him pretty bad.
Dean didn't want to go to the teachers or the cops.
So the next day I called those guys out.
They never bothered Dean again.
Knowing Dean as you do, do you think he was capable of sending that bomb? No.
That's not Dean.
Anyway, he can't even connect up a computer, you know? No further questions.
(CLEARS THROAT) You love your brother.
You love your wife too, and your unborn child? Yeah, sure.
I love them a lot.
Lori's gonna pull through.
We'd all like that, Mr.
Emerson.
After his beating, did your brother receive any medical help orcounsefing? He got patched up at the hospital, started seeing a shrink for depression.
Objection.
To her own witness? It's clear where this is going.
Overruled, Ms.
Parrish.
Ryan, do you know the name of Dean's therapist or where his office is? I don't remember his name.
But I went on the subway a couple times with Dean.
The same building where the bomb was left to be picked up by a courier.
Approach, Your Honor? I want this testimony stricken.
This is the same evidence you suppressed.
She put this witness on the stand, Your Honor, she opened the door.
And so you did, Ms.
Parrish.
The objection is overruled.
Good recovery today.
What's all this? Your summation? Parrish's.
Trying to imagine what I would say in her shoes.
"Haber"? Fritz Haber, German chemist.
Won the Nobel in 1918, invented chlorine gas and Zyklon B, the poison of choice in the Nazi extermination camps.
The moral arithmetic defense, kill one scientist to save millions.
It's a good one.
If Dean had killed Haber, maybe I'd move to acquit.
So what's your rebuttal? Dr.
Hoffman was no Fritz Haber, right? Well, if you were a fetus with the gay gene, you might not be saying that.
But this isn't Nazi Germany.
Dean Emerson had other venues available to voice his protest.
Make sure you point that out in your summation.
By the way, Fritz Haber's wife committed suicide to protest his work with poison gas.
Maybe Mr.
Emerson should've followed her moral example.
(KNOCKING AT DOOR) Not sure what to make of this.
The defense just added an alibi witness.
David Drucker, Lori's father.
It's real simple.
The day you say Dean was planting that bomb, he was at our house in Long Island, fixing a leak in our powder room.
Even stayed for dinner.
Strange that Dean never contacted you to provide an alibi.
Dean and I don't always see eye-to-eye on things, but Maybe he thought I wouldn't stand up for him.
But he's family.
Excuse me.
Excuse me.
Lori's things have been taken away.
Is she being moved? Yes, tomorrow, to obstetrics ICU on three.
Is something wrong with her baby? No.
The baby's fine.
Are you family? No, we're with the District Attorney.
So, whatever you can tell us Well, I can't talk about this case in particular, but for someone in Lori's condition, bringing a pregnancy to full term reduces her chance of recovery from 5% to almost nothing.
But if the pregnancy is terminated now, her chances stay at 5%.
Wait.
That's what's going to happen? The pregnancy's being terminated? It was her husband's decision.
What happens if they don't terminate the pregnancy? The chances are almost 100% the baby would grow to full term and be delivered healthy and normal.
Aborting a healthy boy for a 5% chance of saving your wife I don't know what Ryan's thinking.
It's desperate and unexpected.
Like David Drucker's sudden testimony.
So, what changed? Hoffman.
He testified he found the gay genetic marker in the fetus.
You mentioned how much David dislikes Dean.
What if it's homophobia? And someone like that wouldn't be thrilled with a gay grandson.
He made a deal with Ryan.
Abort the child in return for perjured testimony to save Ryan's beloved brother.
I'm going to be sick.
Later.
We gotta get a stay to stop that abortion.
Put that away.
Judge Bell will never talk to you ex parte.
(sums) But he'll talk to me.
I need you to issue a stay to stop the abortion of Lori Emerson's child.
My people believe it's the quid pro quo in an illegal agreement between Ryan Emerson and his father-in-law to obstructjustice.
You mean the alibi testimony from David Drucker? He's scheduled to take the stand tomorrow.
And the abortion is scheduled for the morning.
We think this agreement is being driven by Drucker's homophobic bias against his unborn grandson he believes carries a gay gene.
You have evidence there's a connection between the testimony and the abortion? No, but if we're right, and the abortion goes through, the harm is irremedial.
A stay is the only remedy.
If Drucker's testimony isn't credible, your remedy is cross-examination.
By then it'll be too late, Joe.
Judge.
It isn't just about the obstruction of justice.
It's nice to still see you tilting at windmills.
Jack, you have no evidence of conspiracy.
What's it going to cost you to delay a few hours? And no standing to challenge Ryan Emerson's medical power of attorney.
I'm sorry.
Your application for a stay is denied.
He didn't go for it.
Terrific.
I should've talked to him.
Believe me, if he said no to me, he would've said no to you.
Jack, I never heard of Arthur Branch fighting your battles for you.
Is this what you want to talk about here? Now, if you want to do something about the abortion, there might be a way to derail the train.
Dean Emerson.
Does he really know the price of this alibi? Maybe not.
Maybe time for a family powwow.
PARRISH: I'll have you know I had to skip Pilates to get here this early.
Do I have to guess, or is this about CUTTER: Have a seat, please.
In case you're wondering where your alibi witness is, Mr.
Drucker is at the hospital with his wife, attending to their daughter.
She's in obstetrics ICU being prepped for a procedure two hours from now.
What kind of procedure? Did you really think Mr.
Drucker's helpful testimony wasn't coming at a price? Did you think that homophobe would do you a favor? He's doing it because it's the right thing for our family.
Then why don't you tell your brother what procedure Lori's undergoing this morning? The procedure you approved.
DEAN: Ryan Ryan, tell me what you did.
He's having Lori's pregnancy terminated.
He's aborting your nephew.
Your nephew with the gay gene.
That's the price of Drucker's alibi.
That's not why.
It's Lori, man.
If I keep the baby, she's got almost no chance of coming back.
You're sacrificing your son for the slimmest hope.
DEAN: Ryan, don't Don't do it.
Stop it! They'll put you in prison forever.
Forget about the kid.
Dean, why is it so easy for him to dispose of his son? You know, don't you? Yeah, I know.
You're just like Dad, aren't you? Shut up.
Your son, your gay son, deserves a life, Ryan.
You don't know what you're talking about.
This is it, Dean, this is what killing Hoffman was supposed to stop, a gay holocaust, right in your own family.
I don't want this.
Then take away the reason for Ryan to do it.
That boy's life is in your hands.
If you don't step up now Yeah.
I didn't mean for Lori to get hurt.
I know.
I forgive you, just shut up.
No.
I did it.
I sent the bomb.
Dean, stop! I knew if Hoffman found the gene in the baby, with Lori and her parents, that kid had no chance.
So now you don't have to go through it, Ryan.
There's no point.
You want this kid to have a life like what, like yours? You forget what school was like? All the miserable days, all the beat-downs? Even now, you can't have a normal life.
You can't be yourself around Dad.
I don't wish that kind of life for anybody.
Ryan, don't Don't say that.
It would be the same as if this kid had a disease.
Being gay is not a disease.
Yeah, well, where we live, bro? It might as well be.
Ryan postponed the abortion for two days.
Doesn't leave him much time for soul-searching.
CUTTER: I doubt it'll make any difference.
What parent doesn't want his child to have the perfect life? That's one area where science has been no help.
How to keep well-meaning people from making lousy decisions.
Maybe one day, they can find a gene for that.