Law & Order (1990) s20e05 Episode Script
Dignity
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 e offenders.
These are their stories.
- Good morning.
Morning, jess.
Looks like somebody's ready for a nap.
- Yeah, if I'm lucky.
The more tired she is, the more she fights it.
- Excuse me.
- Peace be with you.
Let us pray.
Dear father, We gather together, One family, In the presence of your love.
We ask you to open our hearts And our minds So that we may be at peace.
We ask you to grant us courage So that we may stand up to adversity and seek out justice and truth.
We ask you to delight in our laughter.
In times of [gunshot.]
- [woman screaming.]
[all screaming.]
- Dr.
Walter Benning Shot once, back of the head, during opening prayers.
- Anyone not have their head bowed? - Parishioner on a cigarette break Saw a white male run out of the church, Drive away in a dark blue sedan.
- Oh, thank heaven for smokers.
- One 9-millimeter shell casing there, No sign of any weapon.
- Except for the one that the doctor's packing.
He's also wearing a bulletproof vest.
Lot of precaution for Sunday service.
- The doc has reason to be careful.
He's taken a bullet before.
- It has to be said Can I get a witness? - One person was facing the congregation during prayers.
- No, I'm sorry.
My eyes were closed, And when I heard the shot, I hit the floor.
I don't have dr.
Benning's courage.
- What what courage is that? - Dr.
Benning was an abortion provider.
Specialized in the toughest cases Third trimester.
He was one of the few willing to risk his own safety.
- A lot of christians Would consider what he did murder.
Any of your members believe in an eye for an eye? - Our church advocates tolerance.
Benning's been coming to services here Without incident for the last ten years.
- A devout abortionist.
- Walter benning believed he was doing the lord's work Prayed to the same god as the rest of us.
- Well, he should've prayed a little louder.
Transcript from a Canadian source - I begged walter to stop the abortions.
But he was stubborn.
- Where was his practice? - He had an office in manhattan, But he did the abortions at his clinic in riverdale.
That's where they shot him last year.
- Did they catch the assailant? - A pro-lifer.
She's in prison upstate.
Now one of those zealots came back to finish the job.
- Uh, mrs.
Benning, I'm lieutenant van buren.
I'm very sorry about your husband.
You have my assurance we'll do everything To find his murderer.
- These people, they call themselves godly Shooting a man while he prays.
I'm sorry.
I have to make the arrangements.
- We are talking about the usual suspects here, right? - The only suspects, according to the wife.
- Well, check with benning's staff.
Uh, maybe our shooter tipped his hand.
- Chemo must be a real picnic.
- [crowd chanting.]
god loves children.
- The merchants complained The protesters were hogging the parking spaces.
The landlord hired us To enforce the two-hour parking limit.
- You're out here all day.
You hear things.
Any of thesesero-lifers make violent threats, Maybe flash a gun? - Not this bunch.
Mission for life They just do a lot of griping and chanting.
- The security cameras who owns them? - Landlord put 'em up on the cheap, mostly for show.
- Thanks.
- Mission for life are fanatics, But they had a grudging respect for walter.
- Didn't one of them try to kill him last year? - In the parking lot.
But she wasn't th mission for life.
If you can believe it, Those fanatics held the shooter until the police came.
- I can believe it.
What kind of threats Had dr.
Benning been attracting lately? - Attracting? You make it sound like he was doing it on purpose.
- I don't think that's what my partner was saying.
- Well, he was providing late-term abortions.
That's a lightning rod for trouble.
- Detective, new york state law Allows for abortions after 24 weeks If the life of the mother is at risk.
- Yes, I know the law.
Are you saying that every abortion here Was because a mother's life was in danger? - I'm saying ending a pregnancy in the third trimester Is an agonizing decision.
Our patients had prenatal diagnoses Of genetic disorders, Fetuses developing without organs.
Most of our patients wanted a baby.
The others are girls, ten, eleven, Rape and incest victims.
I am proud to work here.
And now, unless we can find Another doctor who's brave enough to step up, We'll have to close.
- Who's jonah leland? All the messages in here are from doctors or women, Except this guy.
He called half dozen times last week Asking for dr.
Benning.
- His girlfriend's scheduled To come from pennsylvania tomorrow for a procedure.
- Okay, well, what did he want? - I don't know.
He only wanted to talk to dr.
Benning.
He sounded angry.
- It's important you don't get discouraged.
Every patient responds to chemo differently.
- I'm a big girl.
Let's cut to the chase.
- After a course of cisplatin, There's no appreciable shrinkage of the tumor.
- Okay.
So we try something stronger.
- There are other drugs we can try.
The side effects may be worse.
- Well, the nausea I can handle, Dying, not so much.
So bring it on, doctor whatever it takes.
- No way.
I never called dr.
Benning.
Blair would've been mad at me.
- Blair, your girlfriend? - Ex, she broke up with me.
- Before or after she decided to have an abortion? - It was her decision.
I was supportive.
- You a born-again christian, jonah? - Yeah.
Mostly.
- Except the "sex before marriage" part? - I'm against murder.
- So you're pro-life, But you support blair's decision to have an abortion? - There was something wrong with the baby.
I couldn't deal.
I don't even have insurance.
- A genetic abnormality? - Something I never even heard of.
Blair told me.
It went right out of my head.
- When you told her you couldn't deal, Is that when she decided to have an abortion? - Yeah.
Look, I got to get back to work.
My boss is looking at me funny.
- You know what? Forget the abortion debate.
You should need a permit to have kids.
- In your world, a kid hardly has a chance to be born.
- You know what? About that, Not to step on your freedom of speech or anything, But we're not here to get into arguments With witnesses.
- I don't know, lupes.
That nurse at the clinic basically admitted That benning was performing illegal abortions.
- That's not the crime we're investigating.
And if you think forcing an 11-year-old rape victim To give birth is okay, Then you and I got nothing to talk about.
- You got it backwards, man.
The horrible thing is the rape, Not the bringing of a life into the world.
- All I know is, an unwanted child's Already got two strikes against it.
- That unwanted child could change the world Cure cancer, be president.
- Yeah, or put his finger on the button And blow up the world.
- That's not for us to decide.
[engine turns, stops.]
I was born two months premature.
My mother was unmarried, uh, poor.
Seven months pregnant, She panicked, threw herself down a flight of stairs.
- So I almost had another partner.
- That's all I'm saying.
[engine turning.]
- My baby's gonna have fragile skin disease.
It's gonna need round-the-clock medical care.
And when I told jonah, he freaked.
- So you scheduled an appointment with benning.
- Dr.
Benning said he'd help me.
He said the baby wouldn't suffer.
- And jonah was okay with that decision? - Jonah's selfish.
There's no way he could handle a sick baby.
- Must have been a tough decision.
You already bought baby stuff.
- My father bought a crib, 'cause he he really wanted a grandson.
- How did he feel about the abortion? - A couple months ago when I showed him the sonogram picture, He started crying.
I can't have this baby.
Who's gonna help me now? - Blair's baby was diagnosed With ehlers-danlos syndrome.
The skin is so delicate, The slightest touch causes tearing, And it can be fatal without constant medical care.
- But you were willing to take on that responsibility.
That's a big commitment.
- Yeah.
I told blair I'd work three jobs if I had to.
We'd find the money.
- Your daughter told us she didn't want the baby.
- She should have made the decision earlier.
She's 28 weeks.
That's not a fetus.
That's a child.
- And did you try to talk to dr.
Benning? He got calls from someone Claiming to be the baby's father.
- Thought he'd be more likely to talk to me If I had parental rights.
- And when he didn't take your calls, what'd you do, Mr.
Morton? Did you go to his clinic? - No.
- Maybe you found out where he lived.
Maybe you followed him to church.
- Look, I went for a long walk.
Things have been tense at home.
Blair getting pregnant, it's my fault.
Ever since her mother died, I've let her run wild.
I wanted to take responsibility, but not with a gun.
- Professor morton? - Excuse me.
- I wonder if his long walk Included a drive into manhattan.
- Yeah, well, let's check the faculty parking.
If his car has an e-zpass, we'll get a quick answer.
- Witness said the shooter drove away in a blue sedan.
This is close enough.
- No e-zpass.
- Hey, check it out.
Blue chalk.
His car got chalked at the clinic parking lot.
- That's one security guard who just earned his minimum wage.
- That's ridiculous.
I'm not a killer.
I'm a science teacher.
- You know what? You're gonna have to do better than that, kevin, 'cause we already caught you in one lie.
- Look, I wanted to talk to benning, Reason with him.
I went to the clinic Saturday, but they wouldn't buzz me in.
So I thought I'd wait for him, But, I mean, there were all these crazies, So I just went home.
- You were scared off by one of the crazies? - One of them followed me to my car.
Thought I was an abortion doctor.
I told him, "no, I'm trying to prevent an abortion.
" Told him my daughter was scheduled for Monday, and And then he told me that, uh What is it? What'd he tell you? - I'm I'm de talking.
- Hey, this guy, You think you think he's the one.
- You probably think the guy that you talked to Saved your grandson's life.
Yeah, he may have, but he's also a killer, And there's no reason to think that he won't kill again.
So what did he tell you? - He told me not to worry.
That my grandson would be fine.
- We'll need you to look at some videotape.
The people inside the clinic Say he's been outside every day with your group Every day except the Monday after benning was shot.
- He's not affiliated with mission for life.
We're against violence.
We encourage dr.
Benning's patients To get sonograms, so they can see their baby's face, Their tiny fingernails.
We change more minds with love than threats.
- We want to catch this shooter as much as you do, detectives.
I'm roger jenkins, executive legal advisor From our headquarters in topeka.
- You're here for damage control.
- Murdered abortion doctors do not help our cause.
I've been doing the talk-show circuit, Asking whoever it is to turn himself in.
- You wouldn't have to work so hard If your people tell us who this is.
- It's a public space.
We can't dictate who comes and goes.
- Disclaimer noted.
Now - Wayne He bragged about getting arrested For breaking into a nuclear power plant in buchanan.
- Wayne always cared more about strangers Than his own family.
- Are you still in contact with him? - By email.
Will? He took our son out for dinner and a movie Saturday night Olive garden, big splurge.
- We need to talk to your dad, will.
Do you know how to get a hold of him? - He won't even tell me where he lives.
- Saturday night was that a special occasion? - He said he wanted me to know that he loved me No matter what happened.
What did he mean by that? - You're cops.
Figure it out.
- What's this about? - It would be a lot better for wayne If we straighten these things out in person.
- Will broke his leg a year ago.
I emailed wayne.
He came to the hospital in less than an hour.
- It's been over two hours.
I guess wayne grogan's not up for father of the year.
- He's off the grid.
No phone, no credit card.
- Hey.
[car door closes.]
- Detectives, I'm here on behalf of wayne grogan.
- Where is he? - I'm not at liberty to say, Not until I speak to the d.
A.
- After we arrest you for harboring a fugitive.
- I'm acting as his attorney.
I'm here to negotiate terms for his surrender.
- The d.
A.
S think that jenkins is stalling for time Until he can get to grogan.
- Yeah, he's probably trying To turn him into a poster boy for the cause.
- Well, what I'd like to know is, who tipped jenkins About the trap at the hospital? - Not grogan's ex-wife no love loss there.
- There's still plenty of love between grogan and his son.
- You hacked into my account And found the email that I sent your dad? - Not like it's the first time.
- You warned roger jenkins.
How did you know to contact him? - Saw him on tv.
- I see you care about the environment? You get that from your dad? Is this you and him on vacation? - Will lived with wayne last summer.
- Who's the pretty lady? That his girlfriend? - She cared about stuff that's important.
- What's her name? - You know, my dad said, "never trust authority.
" - [chuckles.]
- No argument here.
But you see, sooner or later, Your father is going to get caught.
If not by us, then by other cops Cops who might like to shoot first.
- I haven't seen wayne for a year.
Last I knew he went back to new jersey To be closer to his son.
- You haven't been in touch? I'm not exactly on facebook up here.
- I see you don't have any power lines running out here.
You're off the grid.
- I prefer a simple life.
I eat what I grow.
I sleep when it's dark.
- Mm.
- Well, I guess if you don't like technology, Then this isn't your computer.
His battery's low.
- Wayne, open the door.
It's the police.
Go! Go! - An energy-saving tip, wayne Don't run from the police.
I got him! Get up here.
Come on.
- Ten years on manslaughter? - We're talking about a man Cast adrift by an ugly divorce Who found connection with the pro-life movement, Who was seduced by its rhetoric.
- Who drifted into a church And pumped a bullet into a man's skull.
- No deal, mr.
Jenkins.
- It's what I told you, wayne.
They're not interested in justice.
You know what you have to do now.
It's time for brave men to take a stand, my friend.
- Benning was killing babies.
Somebody had to stop him.
- Somebody? Meaning you? - That's right.
- You're confessing to the murder? - We're asserting justification As an affirmative defense.
Wayne killed benning in defense of other persons.
- Innocent little souls.
They need somebody to protect them.
From monsters like him.
- Abortion protesters have been trying for years To hide behind a claim of justification To absolve their illegal acts Against clinics doing late-term abortions.
But court after court has held That an unborn fetus is not a person in jeopardy.
- My client wasn't attempting to prevent all these abortions.
He was protecting a specific person From imminent harm.
- Who was that? - The unborn son of blair morton A 28-week-old viable baby.
The pregnancy was scheduled to be terminated Because the child was diagnosed with ehlers-danlos syndrome.
- Tell me more about this syndrome.
- It's caused by a defect in the protein of the skin.
A-a person with this disorder Has extremely fragile skin, Prone to cuts, blisters, infections.
- It's a-a survivable condition? - Absolutely.
Blair's child has a normal life expectancy.
He was days away from being aborted by dr.
Benning Simply because he was unhealthy.
- And mr.
Grogan knew this before he acted? - I'll submit an offer of proof to that effect.
- In that case, I'll deny the people's motion.
You may present a justification defense, Mr.
Jenkins.
- Judge, this is unprecedented.
Y-you're opening pandora's box here.
- Well, it sounds like the defendant Acted in an exceptional situation.
I'm sorry, mr.
Cutter, but this will go to a jury.
- We didn't want this trial to be about abortion, And now we have no choice.
- Not only that, the judge is letting jenkins Hitch his defense to a sick baby.
- Referring to this fetus as a baby Isn't gonna help matters.
- An unborn child is a life and a soul to me.
I-I can revert to p.
C.
In the courtroom Because it's my job, But I'm I'm not gonna do it in my own office.
- You're in my office, And we're not debating the abortion issue.
- Well, the jurors will be.
And it's time to face the facts.
The tide has turned.
Most americans are pro-life now.
- Most americans don't live in new york.
I doubt we'll draw an anti-choice jury here.
- You might be surprised.
My daughter was pro-choice until she taped a sonogram Of my grandchild to be on her refrigerator.
Now The crux of grogan's case is that he was aware Of blair morton's planned abortion, right? - Right.
- Her father did speak to grogan a few days before the murder.
- Then we need to show that grogan formed the intent To kill dr.
Benning Before he ever heard of the mortons.
- He was always louder than the other protesters, Angrier.
- Did he ever threaten dr.
Benning? - I didn't hear it.
And dr.
Benning wouldn't have said anything to us if he had.
We've already had one nurse quit a few months ago Because of the threats.
- From grogan? - Dr.
Benning didn't say.
She just stopped showing up to work one day.
[bababs crying.]
- I was sorry to read about dr.
Benning.
He didn't deserve it.
- I was told you quit Because of threats you got from protestors.
- Who told you that? - So it's not true? - Doesn't matter now.
- You left a late-term-abortion clinic To work in a neonatal care unit.
Something must have changed your worldview.
- A woman in her seventh month came in for an abortion.
She'd found out that her baby had genetic markers For an anencephaly.
The sonogram confirmed That a large part of the fetus' brain wasn't developing.
During the abortion, something went wrong.
The baby was delivered alive.
Dr.
Benning asked the woman If she wanted him to complete the procedure.
- Complete the procedure? You mean terminate the baby? - Yes.
The woman told dr.
Benning yes.
She said, "finish it.
" And he did.
After that, I couldn't go back to work there.
I, um I'm gonna need the name of that patient.
[doorbell rings.]
- Miss howell? I'm connie rubirosa With the new york district attorney's office.
Do you mind if I come in? - Uh, what's this about? - I'm working on the prosecution Of the man who killed dr.
Benning.
I understand you were one of his patients.
- Where did you hear that? [scoffs.]
that information is confidential.
- I know this is a very personal matter.
I just need to ask - you can't be serious.
That's the hardest thing that I ever went through In my whole life.
- I understand completely.
I just need to confirm certain facts.
- What facts? You have no business prying into my medical history.
How dare you? Just leave me alone.
- Judging by my reception, The nurse's story seems to be on the money.
- So dr.
Benning murdered a newborn infant.
- We have to report it to the bronx d.
A.
- Dr.
Benning's dead.
It can wait till after the trial.
- At the very least, it's brady material.
We're required to turn it over to the defense.
- Why? It's not relevant to our trial.
- Dr.
Benning killed a human being.
Didn't grogan shoot him To prevent him from doing just that? - It's not exculpatory.
Grogan didn't know any of this when he executed benning, And if jenkins gets his hands on this, He'll find a way to exploit it and prejudice the jury.
- So you both best pretend you never heard it.
- I went to benning's clinic To ask him not to give my daughter an abortion.
They wouldn't even let me in the front door.
- What happened after you left? - When I went back to my car, this man followed me Mr.
Grogan.
He asked me if I was with someone getting an abortion.
I told him I was trying to keep my daughter from having one.
- How did mr.
Grogan react? - When I told him about my grandson, He got red in the face, red with anger.
He told me my grandson would be okay.
- And what did you take that to mean? - That somehow the abortion wouldn't take place.
- Thank you.
- What did you tell wayne About your grandson's medical problems? - I told him he had a very serious skin condition, But that with love and care, He had a chance to live a happy life.
- Mr.
Morton, are you against all abortions? - I think a woman has a right To decide what happens with her own body.
But I teach science, and the facts told me That blair's baby was viable, That he had a chance at life.
It wasn't just about blair anymore.
- And what's happened with blair's pregnancy? - Well, she's due any day now.
- That's terrific news.
Thank you.
- As a board-certified ob-gyn, I conducted peer reviews of dr.
Benning's practice.
In my opinion, Walter benning was a caring and heroic physician.
- Did you review dr.
Benning's file On blair morton and her unborn child? - Yes.
Regrettably, I concluded that child Is doomed to a life of suffering That will require round-the-clock care.
- So in your expert opinion, Was it reasonable for dr.
Benning To abort blair morton's unborn child? - Not only was it reasonable, It was the only responsible medical choice.
- Thank you.
- A fetus is viable outside the womb As early as 22 weeks, right, doctor? - With state-of-the-art neonatal technology, yes.
- Two weeks less than the period During which new york state allows abortion on demand.
Would you agree that the law Hasn't kept up with medical science? - I don't play that line-in-the-sand game.
The right to choice is absolute.
- Absolute? You would allow abortions up to the very moment of birth? - In cases of medical necessity, yes.
The decision should involve only the mother and her doctor.
- You don't believe society Has an interest in protecting life? - Life as defined by whom? Crackpots like your client? - So even though blair morton's son was viable, Even though science might provide effective treatment For ehlers-danlos, Even a cure during the child's lifetime, You would have ended his life? - I don't indulge in pie-in-the-sky thinking.
As of today, The life that child will experience Is compromised and without dignity.
- Dignity? As defined by you? Would you volunteer to abort blair morton's baby even now? - If she asked me, yes, I would.
Threats and intimidation Won't keep us from providing abortions To the women who want them.
- What if the law says you can't? - Well, even if the politicians bow To the hypocrites and fools, it won't stop us.
- Hypocrites and fools.
Thank you, doctor.
- So now we know there are fanatics in both camps.
- Well, jenkins is betting He can sway enough jurors with emotion To force a deadlock.
- If not an outright acquittal.
- Who's the first defense witness? - Lisa barnett.
Her child was diagnosed with a genetic disorder, But she chose against an abortion.
- And how is that relevant? - A defendant who asserts justification Must prove he was acting reasonably.
A few weeks before shooting dr.
Benning, My client saw mrs.
Barnett on a talk show, Discussing the birth of her daughter.
What he heard influenced his state of mind.
- This is just another attempt by mr.
Jenkins To prejudice the jury against dr.
Benning And his lawful work.
- I'll allow the testimony, But if I hear any nonsense, mr.
Jenkins, I'll stop it.
Step back.
- What did your doctor tell you About your pregnancy, mrs.
Barnett? - I was in my sixth month.
He told me my baby had a genetic defect Called meckel-gruber disease.
She'd be born with a soft skull and undeveloped organs.
My doctor told me her condition Was incompatible with life.
He recommended I have a late-term abortion.
- And did you? - No.
I discussed it with my family, but I decided against it.
R I knew my baby would die soon after her birth, But I wanted her death to be natural.
I wanted her to die with dignity.
- And what happened, lisa? - My beautiful daughter, amanda, was born on may 5th.
I never experienced such a sense of happiness When they put her in my arms.
She had blue eyes, curly brown hair.
She wasn't a monster like the doctors warned me.
Amanda looked just like a normal baby.
- I show you defendant's exhibit "d.
" - That's me holding amanda with my husband and my family.
- And what happened to amanda? - Later that night, one of the nurses woke me.
She said it might be amanda's time.
When they brought her to me, Amanda was struggling to breathe.
She didn't cry or seem like she was in pain.
I looked in her eyes, and I sang to her.
I felt like she was comforted by my presence, Like she could feel my love for her.
And then she slipped away.
My daughter was alive for 21 hours.
- At any time, Have you regretted not having an abortion? - Not for a second.
My daughter spent most of her life Peacefully in my arms.
My husband and I felt honored we'd shared her life, Happy that she had died with dignity.
We mourned her death.
And after everything we went through, We felt clean.
- Thank you.
- You're a brave woman, mrs.
Barnett.
Is it possible that at another time in your life, You might have made a different choice? - Yes, it's possible.
- And would you consider A doctor who offers late-term abortions To women in your position As providing an essential medical service? - I would have to say yes.
- Nothing further.
Thank you.
Half the jury was in tears.
- That doesn't mean they'll acquit.
- You're deceiving yourself, jack.
All it takes is one vote To hang this jury and the next and the next.
- We're not offering grogan a plea bargain.
- Manslaughter's a reasonable compromise.
- For the cold-blooded murder Of a doctor performing legal procedures? - Substitute slavery for abortion? John brown for wayne grogan? In its day, roe v.
Wade conformed To what we knew then about human life and science.
Contraception was limited.
Most birth defects were untreatable.
birth defects can be corrected.
Disabled children are protected by a bill of rights.
Contraception of every kind is available.
- Yet people who don't want to still get pregnant.
- And so their right should reign supreme? My god.
Cats and dogs have more rights than the unborn.
Roe v.
Wade wasn't written in stone.
It could stand another look.
- If the jury wants to send that message By acquitting grogan, let them do it.
I'm not cutting any deals.
- Thank you.
[sighs.]
- What? - The defense has sprung a new witness on us Jennice morrow, the nurse at the botched abortion You asked us to pretend never happened.
- How the hell did they find out? - I don't know.
Nurse morrow probably called them.
- I'd like to believe that.
- What, you think that I had something to do with it? - When you start mixing up john brown with wayne grogan, Anything's possible.
- You're kidding.
You're the one who thinks I like winning too much.
Why would I sabotage my own case? - Principles maybe? - Jack, if you really think That I would actually go out there - I told them.
I called jenkins' office.
I decided it was an ethical violation If the defense wasn't informed.
- Despite explicit instructions to the contrary? - I can't be instructed to violate my ethics.
- We'll deal with this later.
I suggest you two put your heads together And figure out how we're gonna keep nurse morrow Off the stand.
- Her testimony is simply not relevant.
- On the contrary.
It sheds a whole new light on our defense.
Dr.
Benning murdered a human being.
- There's no way grogan knew about it.
- This testimony violates the medical privacy Of dr.
Benning's patient, who wants no part of this.
- The witness will refer to the patient As jane doe.
The objection is overruled.
Let's get on with it.
- After miss doe was in the stirrups, I started I.
V.
Valium, And dr.
Benning inserted the ultrasound probe.
The next step was to inject potassium chloride Into the fetus' heart to induce cardiac arrest.
- Did something go wrong? - The injection was off target.
The patient moved, And the needle went into the uterus.
The patient started to go into labor.
- What did dr.
Benning do? - There was nothing he could do.
The mother was having contractions.
The baby was born alive.
Dr.
Benning held him in his hands.
The boy was crying a little cry, Moving his arms and legs.
Dr.
Benning asked the mother If she wanted him to complete the procedure, And she said, "yes, finish it.
" - What happened next? - Dr.
Benning cut the umbilical cord.
Then he took the surgical scissors And inserted it into the base of the baby's skull.
The room went silent.
The baby was dead.
- What happened to the child's body? - The mother didn't want it.
It was disposed of as medical waste.
- Medical waste.
Nothing further.
- It was clearly miss doe's decision To terminate her pregnancy.
- Oh, yes.
- And how long would her child have survived Had it been carried to term? - A day or two, at most.
- Thank you.
It was a rout.
I don't know what got into you to tell the defense about - I felt they were entitled to know.
It was up to the judge to disallow it.
- Now it's up to us to convince the jury to ignore it.
I mean, you of all people, connie.
I thought you wanted to win this case.
- I grew up thinking roe v.
Wade was gospel, And that a woman's privacy was inviolate.
But after hearing that woman on the stand Talk about her baby dying in her arms I don't know.
I don't I don't know where my privacy ends And another being's dignity begins.
- You want moral clarity? How about just doing your job? Put the bad guys in jail.
- I'm glad that it's so clear cut for you, mike.
Unfortunately, I can't leave my soul in the umbrella stand When I come into work in the morning.
- I present to you Daniel david morton, Born yesterday at 2:38 in the afternoon.
But for my client Daniel would be dead today.
- I'd like to show you something People's 32.
This is the wallet that walter benning was carrying When he was shot.
And I want to show you these photos Of his children and grandchildren, Photos that are stained with I can't I can't do this.
There's There's been too much heartbreaking testimony, Just too much.
We're dealing with an issue here That goes to the very mystery of our existence.
What is life? When does it begin? At conception? At viability? At birth? And in good faith, We seek guidance from our moral leaders, From scientists.
You know, we want so much to do the right thing, You know, the the just thing.
We want reason and empathy to lead us to an answer, And and we struggle so much To find that answer.
Why? Because Because despite all our differences, We are joined in one belief That every life is special and unique And imbued with inalienable rights, And that belief Compels us to reject the violence And the unreasoned chaos That wayne grogan's act represents.
Thank you.
- The defendant will stand.
Has the jury reached a verdict? - We have, your honor.
- On the sole count in the indictment, Murder in the first degree, how do you find? - We find the defendant guilty.
[people murmuring.]
- Take a walk with me.
Connie has asked to be transferred To the white collar crime bureau.
- If that's what she wants.
- That's what I want.
- Well, it's not what I want.
I'd have to pull someone out of that bureau And find a place for them somewhere else.
Then I'd have to find someone to second-chair with mike.
Much as you'd like to believe otherwise, People aren't lining up for that exalted position.
I used to expect people to be consistent, That pro-lifers would oppose capital punishment, That champions of human rights Would claim some for the unborn.
I don't expect that anymore.
It's a big messy world.
Work it out.
These are their stories.
- Good morning.
Morning, jess.
Looks like somebody's ready for a nap.
- Yeah, if I'm lucky.
The more tired she is, the more she fights it.
- Excuse me.
- Peace be with you.
Let us pray.
Dear father, We gather together, One family, In the presence of your love.
We ask you to open our hearts And our minds So that we may be at peace.
We ask you to grant us courage So that we may stand up to adversity and seek out justice and truth.
We ask you to delight in our laughter.
In times of [gunshot.]
- [woman screaming.]
[all screaming.]
- Dr.
Walter Benning Shot once, back of the head, during opening prayers.
- Anyone not have their head bowed? - Parishioner on a cigarette break Saw a white male run out of the church, Drive away in a dark blue sedan.
- Oh, thank heaven for smokers.
- One 9-millimeter shell casing there, No sign of any weapon.
- Except for the one that the doctor's packing.
He's also wearing a bulletproof vest.
Lot of precaution for Sunday service.
- The doc has reason to be careful.
He's taken a bullet before.
- It has to be said Can I get a witness? - One person was facing the congregation during prayers.
- No, I'm sorry.
My eyes were closed, And when I heard the shot, I hit the floor.
I don't have dr.
Benning's courage.
- What what courage is that? - Dr.
Benning was an abortion provider.
Specialized in the toughest cases Third trimester.
He was one of the few willing to risk his own safety.
- A lot of christians Would consider what he did murder.
Any of your members believe in an eye for an eye? - Our church advocates tolerance.
Benning's been coming to services here Without incident for the last ten years.
- A devout abortionist.
- Walter benning believed he was doing the lord's work Prayed to the same god as the rest of us.
- Well, he should've prayed a little louder.
Transcript from a Canadian source - I begged walter to stop the abortions.
But he was stubborn.
- Where was his practice? - He had an office in manhattan, But he did the abortions at his clinic in riverdale.
That's where they shot him last year.
- Did they catch the assailant? - A pro-lifer.
She's in prison upstate.
Now one of those zealots came back to finish the job.
- Uh, mrs.
Benning, I'm lieutenant van buren.
I'm very sorry about your husband.
You have my assurance we'll do everything To find his murderer.
- These people, they call themselves godly Shooting a man while he prays.
I'm sorry.
I have to make the arrangements.
- We are talking about the usual suspects here, right? - The only suspects, according to the wife.
- Well, check with benning's staff.
Uh, maybe our shooter tipped his hand.
- Chemo must be a real picnic.
- [crowd chanting.]
god loves children.
- The merchants complained The protesters were hogging the parking spaces.
The landlord hired us To enforce the two-hour parking limit.
- You're out here all day.
You hear things.
Any of thesesero-lifers make violent threats, Maybe flash a gun? - Not this bunch.
Mission for life They just do a lot of griping and chanting.
- The security cameras who owns them? - Landlord put 'em up on the cheap, mostly for show.
- Thanks.
- Mission for life are fanatics, But they had a grudging respect for walter.
- Didn't one of them try to kill him last year? - In the parking lot.
But she wasn't th mission for life.
If you can believe it, Those fanatics held the shooter until the police came.
- I can believe it.
What kind of threats Had dr.
Benning been attracting lately? - Attracting? You make it sound like he was doing it on purpose.
- I don't think that's what my partner was saying.
- Well, he was providing late-term abortions.
That's a lightning rod for trouble.
- Detective, new york state law Allows for abortions after 24 weeks If the life of the mother is at risk.
- Yes, I know the law.
Are you saying that every abortion here Was because a mother's life was in danger? - I'm saying ending a pregnancy in the third trimester Is an agonizing decision.
Our patients had prenatal diagnoses Of genetic disorders, Fetuses developing without organs.
Most of our patients wanted a baby.
The others are girls, ten, eleven, Rape and incest victims.
I am proud to work here.
And now, unless we can find Another doctor who's brave enough to step up, We'll have to close.
- Who's jonah leland? All the messages in here are from doctors or women, Except this guy.
He called half dozen times last week Asking for dr.
Benning.
- His girlfriend's scheduled To come from pennsylvania tomorrow for a procedure.
- Okay, well, what did he want? - I don't know.
He only wanted to talk to dr.
Benning.
He sounded angry.
- It's important you don't get discouraged.
Every patient responds to chemo differently.
- I'm a big girl.
Let's cut to the chase.
- After a course of cisplatin, There's no appreciable shrinkage of the tumor.
- Okay.
So we try something stronger.
- There are other drugs we can try.
The side effects may be worse.
- Well, the nausea I can handle, Dying, not so much.
So bring it on, doctor whatever it takes.
- No way.
I never called dr.
Benning.
Blair would've been mad at me.
- Blair, your girlfriend? - Ex, she broke up with me.
- Before or after she decided to have an abortion? - It was her decision.
I was supportive.
- You a born-again christian, jonah? - Yeah.
Mostly.
- Except the "sex before marriage" part? - I'm against murder.
- So you're pro-life, But you support blair's decision to have an abortion? - There was something wrong with the baby.
I couldn't deal.
I don't even have insurance.
- A genetic abnormality? - Something I never even heard of.
Blair told me.
It went right out of my head.
- When you told her you couldn't deal, Is that when she decided to have an abortion? - Yeah.
Look, I got to get back to work.
My boss is looking at me funny.
- You know what? Forget the abortion debate.
You should need a permit to have kids.
- In your world, a kid hardly has a chance to be born.
- You know what? About that, Not to step on your freedom of speech or anything, But we're not here to get into arguments With witnesses.
- I don't know, lupes.
That nurse at the clinic basically admitted That benning was performing illegal abortions.
- That's not the crime we're investigating.
And if you think forcing an 11-year-old rape victim To give birth is okay, Then you and I got nothing to talk about.
- You got it backwards, man.
The horrible thing is the rape, Not the bringing of a life into the world.
- All I know is, an unwanted child's Already got two strikes against it.
- That unwanted child could change the world Cure cancer, be president.
- Yeah, or put his finger on the button And blow up the world.
- That's not for us to decide.
[engine turns, stops.]
I was born two months premature.
My mother was unmarried, uh, poor.
Seven months pregnant, She panicked, threw herself down a flight of stairs.
- So I almost had another partner.
- That's all I'm saying.
[engine turning.]
- My baby's gonna have fragile skin disease.
It's gonna need round-the-clock medical care.
And when I told jonah, he freaked.
- So you scheduled an appointment with benning.
- Dr.
Benning said he'd help me.
He said the baby wouldn't suffer.
- And jonah was okay with that decision? - Jonah's selfish.
There's no way he could handle a sick baby.
- Must have been a tough decision.
You already bought baby stuff.
- My father bought a crib, 'cause he he really wanted a grandson.
- How did he feel about the abortion? - A couple months ago when I showed him the sonogram picture, He started crying.
I can't have this baby.
Who's gonna help me now? - Blair's baby was diagnosed With ehlers-danlos syndrome.
The skin is so delicate, The slightest touch causes tearing, And it can be fatal without constant medical care.
- But you were willing to take on that responsibility.
That's a big commitment.
- Yeah.
I told blair I'd work three jobs if I had to.
We'd find the money.
- Your daughter told us she didn't want the baby.
- She should have made the decision earlier.
She's 28 weeks.
That's not a fetus.
That's a child.
- And did you try to talk to dr.
Benning? He got calls from someone Claiming to be the baby's father.
- Thought he'd be more likely to talk to me If I had parental rights.
- And when he didn't take your calls, what'd you do, Mr.
Morton? Did you go to his clinic? - No.
- Maybe you found out where he lived.
Maybe you followed him to church.
- Look, I went for a long walk.
Things have been tense at home.
Blair getting pregnant, it's my fault.
Ever since her mother died, I've let her run wild.
I wanted to take responsibility, but not with a gun.
- Professor morton? - Excuse me.
- I wonder if his long walk Included a drive into manhattan.
- Yeah, well, let's check the faculty parking.
If his car has an e-zpass, we'll get a quick answer.
- Witness said the shooter drove away in a blue sedan.
This is close enough.
- No e-zpass.
- Hey, check it out.
Blue chalk.
His car got chalked at the clinic parking lot.
- That's one security guard who just earned his minimum wage.
- That's ridiculous.
I'm not a killer.
I'm a science teacher.
- You know what? You're gonna have to do better than that, kevin, 'cause we already caught you in one lie.
- Look, I wanted to talk to benning, Reason with him.
I went to the clinic Saturday, but they wouldn't buzz me in.
So I thought I'd wait for him, But, I mean, there were all these crazies, So I just went home.
- You were scared off by one of the crazies? - One of them followed me to my car.
Thought I was an abortion doctor.
I told him, "no, I'm trying to prevent an abortion.
" Told him my daughter was scheduled for Monday, and And then he told me that, uh What is it? What'd he tell you? - I'm I'm de talking.
- Hey, this guy, You think you think he's the one.
- You probably think the guy that you talked to Saved your grandson's life.
Yeah, he may have, but he's also a killer, And there's no reason to think that he won't kill again.
So what did he tell you? - He told me not to worry.
That my grandson would be fine.
- We'll need you to look at some videotape.
The people inside the clinic Say he's been outside every day with your group Every day except the Monday after benning was shot.
- He's not affiliated with mission for life.
We're against violence.
We encourage dr.
Benning's patients To get sonograms, so they can see their baby's face, Their tiny fingernails.
We change more minds with love than threats.
- We want to catch this shooter as much as you do, detectives.
I'm roger jenkins, executive legal advisor From our headquarters in topeka.
- You're here for damage control.
- Murdered abortion doctors do not help our cause.
I've been doing the talk-show circuit, Asking whoever it is to turn himself in.
- You wouldn't have to work so hard If your people tell us who this is.
- It's a public space.
We can't dictate who comes and goes.
- Disclaimer noted.
Now - Wayne He bragged about getting arrested For breaking into a nuclear power plant in buchanan.
- Wayne always cared more about strangers Than his own family.
- Are you still in contact with him? - By email.
Will? He took our son out for dinner and a movie Saturday night Olive garden, big splurge.
- We need to talk to your dad, will.
Do you know how to get a hold of him? - He won't even tell me where he lives.
- Saturday night was that a special occasion? - He said he wanted me to know that he loved me No matter what happened.
What did he mean by that? - You're cops.
Figure it out.
- What's this about? - It would be a lot better for wayne If we straighten these things out in person.
- Will broke his leg a year ago.
I emailed wayne.
He came to the hospital in less than an hour.
- It's been over two hours.
I guess wayne grogan's not up for father of the year.
- He's off the grid.
No phone, no credit card.
- Hey.
[car door closes.]
- Detectives, I'm here on behalf of wayne grogan.
- Where is he? - I'm not at liberty to say, Not until I speak to the d.
A.
- After we arrest you for harboring a fugitive.
- I'm acting as his attorney.
I'm here to negotiate terms for his surrender.
- The d.
A.
S think that jenkins is stalling for time Until he can get to grogan.
- Yeah, he's probably trying To turn him into a poster boy for the cause.
- Well, what I'd like to know is, who tipped jenkins About the trap at the hospital? - Not grogan's ex-wife no love loss there.
- There's still plenty of love between grogan and his son.
- You hacked into my account And found the email that I sent your dad? - Not like it's the first time.
- You warned roger jenkins.
How did you know to contact him? - Saw him on tv.
- I see you care about the environment? You get that from your dad? Is this you and him on vacation? - Will lived with wayne last summer.
- Who's the pretty lady? That his girlfriend? - She cared about stuff that's important.
- What's her name? - You know, my dad said, "never trust authority.
" - [chuckles.]
- No argument here.
But you see, sooner or later, Your father is going to get caught.
If not by us, then by other cops Cops who might like to shoot first.
- I haven't seen wayne for a year.
Last I knew he went back to new jersey To be closer to his son.
- You haven't been in touch? I'm not exactly on facebook up here.
- I see you don't have any power lines running out here.
You're off the grid.
- I prefer a simple life.
I eat what I grow.
I sleep when it's dark.
- Mm.
- Well, I guess if you don't like technology, Then this isn't your computer.
His battery's low.
- Wayne, open the door.
It's the police.
Go! Go! - An energy-saving tip, wayne Don't run from the police.
I got him! Get up here.
Come on.
- Ten years on manslaughter? - We're talking about a man Cast adrift by an ugly divorce Who found connection with the pro-life movement, Who was seduced by its rhetoric.
- Who drifted into a church And pumped a bullet into a man's skull.
- No deal, mr.
Jenkins.
- It's what I told you, wayne.
They're not interested in justice.
You know what you have to do now.
It's time for brave men to take a stand, my friend.
- Benning was killing babies.
Somebody had to stop him.
- Somebody? Meaning you? - That's right.
- You're confessing to the murder? - We're asserting justification As an affirmative defense.
Wayne killed benning in defense of other persons.
- Innocent little souls.
They need somebody to protect them.
From monsters like him.
- Abortion protesters have been trying for years To hide behind a claim of justification To absolve their illegal acts Against clinics doing late-term abortions.
But court after court has held That an unborn fetus is not a person in jeopardy.
- My client wasn't attempting to prevent all these abortions.
He was protecting a specific person From imminent harm.
- Who was that? - The unborn son of blair morton A 28-week-old viable baby.
The pregnancy was scheduled to be terminated Because the child was diagnosed with ehlers-danlos syndrome.
- Tell me more about this syndrome.
- It's caused by a defect in the protein of the skin.
A-a person with this disorder Has extremely fragile skin, Prone to cuts, blisters, infections.
- It's a-a survivable condition? - Absolutely.
Blair's child has a normal life expectancy.
He was days away from being aborted by dr.
Benning Simply because he was unhealthy.
- And mr.
Grogan knew this before he acted? - I'll submit an offer of proof to that effect.
- In that case, I'll deny the people's motion.
You may present a justification defense, Mr.
Jenkins.
- Judge, this is unprecedented.
Y-you're opening pandora's box here.
- Well, it sounds like the defendant Acted in an exceptional situation.
I'm sorry, mr.
Cutter, but this will go to a jury.
- We didn't want this trial to be about abortion, And now we have no choice.
- Not only that, the judge is letting jenkins Hitch his defense to a sick baby.
- Referring to this fetus as a baby Isn't gonna help matters.
- An unborn child is a life and a soul to me.
I-I can revert to p.
C.
In the courtroom Because it's my job, But I'm I'm not gonna do it in my own office.
- You're in my office, And we're not debating the abortion issue.
- Well, the jurors will be.
And it's time to face the facts.
The tide has turned.
Most americans are pro-life now.
- Most americans don't live in new york.
I doubt we'll draw an anti-choice jury here.
- You might be surprised.
My daughter was pro-choice until she taped a sonogram Of my grandchild to be on her refrigerator.
Now The crux of grogan's case is that he was aware Of blair morton's planned abortion, right? - Right.
- Her father did speak to grogan a few days before the murder.
- Then we need to show that grogan formed the intent To kill dr.
Benning Before he ever heard of the mortons.
- He was always louder than the other protesters, Angrier.
- Did he ever threaten dr.
Benning? - I didn't hear it.
And dr.
Benning wouldn't have said anything to us if he had.
We've already had one nurse quit a few months ago Because of the threats.
- From grogan? - Dr.
Benning didn't say.
She just stopped showing up to work one day.
[bababs crying.]
- I was sorry to read about dr.
Benning.
He didn't deserve it.
- I was told you quit Because of threats you got from protestors.
- Who told you that? - So it's not true? - Doesn't matter now.
- You left a late-term-abortion clinic To work in a neonatal care unit.
Something must have changed your worldview.
- A woman in her seventh month came in for an abortion.
She'd found out that her baby had genetic markers For an anencephaly.
The sonogram confirmed That a large part of the fetus' brain wasn't developing.
During the abortion, something went wrong.
The baby was delivered alive.
Dr.
Benning asked the woman If she wanted him to complete the procedure.
- Complete the procedure? You mean terminate the baby? - Yes.
The woman told dr.
Benning yes.
She said, "finish it.
" And he did.
After that, I couldn't go back to work there.
I, um I'm gonna need the name of that patient.
[doorbell rings.]
- Miss howell? I'm connie rubirosa With the new york district attorney's office.
Do you mind if I come in? - Uh, what's this about? - I'm working on the prosecution Of the man who killed dr.
Benning.
I understand you were one of his patients.
- Where did you hear that? [scoffs.]
that information is confidential.
- I know this is a very personal matter.
I just need to ask - you can't be serious.
That's the hardest thing that I ever went through In my whole life.
- I understand completely.
I just need to confirm certain facts.
- What facts? You have no business prying into my medical history.
How dare you? Just leave me alone.
- Judging by my reception, The nurse's story seems to be on the money.
- So dr.
Benning murdered a newborn infant.
- We have to report it to the bronx d.
A.
- Dr.
Benning's dead.
It can wait till after the trial.
- At the very least, it's brady material.
We're required to turn it over to the defense.
- Why? It's not relevant to our trial.
- Dr.
Benning killed a human being.
Didn't grogan shoot him To prevent him from doing just that? - It's not exculpatory.
Grogan didn't know any of this when he executed benning, And if jenkins gets his hands on this, He'll find a way to exploit it and prejudice the jury.
- So you both best pretend you never heard it.
- I went to benning's clinic To ask him not to give my daughter an abortion.
They wouldn't even let me in the front door.
- What happened after you left? - When I went back to my car, this man followed me Mr.
Grogan.
He asked me if I was with someone getting an abortion.
I told him I was trying to keep my daughter from having one.
- How did mr.
Grogan react? - When I told him about my grandson, He got red in the face, red with anger.
He told me my grandson would be okay.
- And what did you take that to mean? - That somehow the abortion wouldn't take place.
- Thank you.
- What did you tell wayne About your grandson's medical problems? - I told him he had a very serious skin condition, But that with love and care, He had a chance to live a happy life.
- Mr.
Morton, are you against all abortions? - I think a woman has a right To decide what happens with her own body.
But I teach science, and the facts told me That blair's baby was viable, That he had a chance at life.
It wasn't just about blair anymore.
- And what's happened with blair's pregnancy? - Well, she's due any day now.
- That's terrific news.
Thank you.
- As a board-certified ob-gyn, I conducted peer reviews of dr.
Benning's practice.
In my opinion, Walter benning was a caring and heroic physician.
- Did you review dr.
Benning's file On blair morton and her unborn child? - Yes.
Regrettably, I concluded that child Is doomed to a life of suffering That will require round-the-clock care.
- So in your expert opinion, Was it reasonable for dr.
Benning To abort blair morton's unborn child? - Not only was it reasonable, It was the only responsible medical choice.
- Thank you.
- A fetus is viable outside the womb As early as 22 weeks, right, doctor? - With state-of-the-art neonatal technology, yes.
- Two weeks less than the period During which new york state allows abortion on demand.
Would you agree that the law Hasn't kept up with medical science? - I don't play that line-in-the-sand game.
The right to choice is absolute.
- Absolute? You would allow abortions up to the very moment of birth? - In cases of medical necessity, yes.
The decision should involve only the mother and her doctor.
- You don't believe society Has an interest in protecting life? - Life as defined by whom? Crackpots like your client? - So even though blair morton's son was viable, Even though science might provide effective treatment For ehlers-danlos, Even a cure during the child's lifetime, You would have ended his life? - I don't indulge in pie-in-the-sky thinking.
As of today, The life that child will experience Is compromised and without dignity.
- Dignity? As defined by you? Would you volunteer to abort blair morton's baby even now? - If she asked me, yes, I would.
Threats and intimidation Won't keep us from providing abortions To the women who want them.
- What if the law says you can't? - Well, even if the politicians bow To the hypocrites and fools, it won't stop us.
- Hypocrites and fools.
Thank you, doctor.
- So now we know there are fanatics in both camps.
- Well, jenkins is betting He can sway enough jurors with emotion To force a deadlock.
- If not an outright acquittal.
- Who's the first defense witness? - Lisa barnett.
Her child was diagnosed with a genetic disorder, But she chose against an abortion.
- And how is that relevant? - A defendant who asserts justification Must prove he was acting reasonably.
A few weeks before shooting dr.
Benning, My client saw mrs.
Barnett on a talk show, Discussing the birth of her daughter.
What he heard influenced his state of mind.
- This is just another attempt by mr.
Jenkins To prejudice the jury against dr.
Benning And his lawful work.
- I'll allow the testimony, But if I hear any nonsense, mr.
Jenkins, I'll stop it.
Step back.
- What did your doctor tell you About your pregnancy, mrs.
Barnett? - I was in my sixth month.
He told me my baby had a genetic defect Called meckel-gruber disease.
She'd be born with a soft skull and undeveloped organs.
My doctor told me her condition Was incompatible with life.
He recommended I have a late-term abortion.
- And did you? - No.
I discussed it with my family, but I decided against it.
R I knew my baby would die soon after her birth, But I wanted her death to be natural.
I wanted her to die with dignity.
- And what happened, lisa? - My beautiful daughter, amanda, was born on may 5th.
I never experienced such a sense of happiness When they put her in my arms.
She had blue eyes, curly brown hair.
She wasn't a monster like the doctors warned me.
Amanda looked just like a normal baby.
- I show you defendant's exhibit "d.
" - That's me holding amanda with my husband and my family.
- And what happened to amanda? - Later that night, one of the nurses woke me.
She said it might be amanda's time.
When they brought her to me, Amanda was struggling to breathe.
She didn't cry or seem like she was in pain.
I looked in her eyes, and I sang to her.
I felt like she was comforted by my presence, Like she could feel my love for her.
And then she slipped away.
My daughter was alive for 21 hours.
- At any time, Have you regretted not having an abortion? - Not for a second.
My daughter spent most of her life Peacefully in my arms.
My husband and I felt honored we'd shared her life, Happy that she had died with dignity.
We mourned her death.
And after everything we went through, We felt clean.
- Thank you.
- You're a brave woman, mrs.
Barnett.
Is it possible that at another time in your life, You might have made a different choice? - Yes, it's possible.
- And would you consider A doctor who offers late-term abortions To women in your position As providing an essential medical service? - I would have to say yes.
- Nothing further.
Thank you.
Half the jury was in tears.
- That doesn't mean they'll acquit.
- You're deceiving yourself, jack.
All it takes is one vote To hang this jury and the next and the next.
- We're not offering grogan a plea bargain.
- Manslaughter's a reasonable compromise.
- For the cold-blooded murder Of a doctor performing legal procedures? - Substitute slavery for abortion? John brown for wayne grogan? In its day, roe v.
Wade conformed To what we knew then about human life and science.
Contraception was limited.
Most birth defects were untreatable.
birth defects can be corrected.
Disabled children are protected by a bill of rights.
Contraception of every kind is available.
- Yet people who don't want to still get pregnant.
- And so their right should reign supreme? My god.
Cats and dogs have more rights than the unborn.
Roe v.
Wade wasn't written in stone.
It could stand another look.
- If the jury wants to send that message By acquitting grogan, let them do it.
I'm not cutting any deals.
- Thank you.
[sighs.]
- What? - The defense has sprung a new witness on us Jennice morrow, the nurse at the botched abortion You asked us to pretend never happened.
- How the hell did they find out? - I don't know.
Nurse morrow probably called them.
- I'd like to believe that.
- What, you think that I had something to do with it? - When you start mixing up john brown with wayne grogan, Anything's possible.
- You're kidding.
You're the one who thinks I like winning too much.
Why would I sabotage my own case? - Principles maybe? - Jack, if you really think That I would actually go out there - I told them.
I called jenkins' office.
I decided it was an ethical violation If the defense wasn't informed.
- Despite explicit instructions to the contrary? - I can't be instructed to violate my ethics.
- We'll deal with this later.
I suggest you two put your heads together And figure out how we're gonna keep nurse morrow Off the stand.
- Her testimony is simply not relevant.
- On the contrary.
It sheds a whole new light on our defense.
Dr.
Benning murdered a human being.
- There's no way grogan knew about it.
- This testimony violates the medical privacy Of dr.
Benning's patient, who wants no part of this.
- The witness will refer to the patient As jane doe.
The objection is overruled.
Let's get on with it.
- After miss doe was in the stirrups, I started I.
V.
Valium, And dr.
Benning inserted the ultrasound probe.
The next step was to inject potassium chloride Into the fetus' heart to induce cardiac arrest.
- Did something go wrong? - The injection was off target.
The patient moved, And the needle went into the uterus.
The patient started to go into labor.
- What did dr.
Benning do? - There was nothing he could do.
The mother was having contractions.
The baby was born alive.
Dr.
Benning held him in his hands.
The boy was crying a little cry, Moving his arms and legs.
Dr.
Benning asked the mother If she wanted him to complete the procedure, And she said, "yes, finish it.
" - What happened next? - Dr.
Benning cut the umbilical cord.
Then he took the surgical scissors And inserted it into the base of the baby's skull.
The room went silent.
The baby was dead.
- What happened to the child's body? - The mother didn't want it.
It was disposed of as medical waste.
- Medical waste.
Nothing further.
- It was clearly miss doe's decision To terminate her pregnancy.
- Oh, yes.
- And how long would her child have survived Had it been carried to term? - A day or two, at most.
- Thank you.
It was a rout.
I don't know what got into you to tell the defense about - I felt they were entitled to know.
It was up to the judge to disallow it.
- Now it's up to us to convince the jury to ignore it.
I mean, you of all people, connie.
I thought you wanted to win this case.
- I grew up thinking roe v.
Wade was gospel, And that a woman's privacy was inviolate.
But after hearing that woman on the stand Talk about her baby dying in her arms I don't know.
I don't I don't know where my privacy ends And another being's dignity begins.
- You want moral clarity? How about just doing your job? Put the bad guys in jail.
- I'm glad that it's so clear cut for you, mike.
Unfortunately, I can't leave my soul in the umbrella stand When I come into work in the morning.
- I present to you Daniel david morton, Born yesterday at 2:38 in the afternoon.
But for my client Daniel would be dead today.
- I'd like to show you something People's 32.
This is the wallet that walter benning was carrying When he was shot.
And I want to show you these photos Of his children and grandchildren, Photos that are stained with I can't I can't do this.
There's There's been too much heartbreaking testimony, Just too much.
We're dealing with an issue here That goes to the very mystery of our existence.
What is life? When does it begin? At conception? At viability? At birth? And in good faith, We seek guidance from our moral leaders, From scientists.
You know, we want so much to do the right thing, You know, the the just thing.
We want reason and empathy to lead us to an answer, And and we struggle so much To find that answer.
Why? Because Because despite all our differences, We are joined in one belief That every life is special and unique And imbued with inalienable rights, And that belief Compels us to reject the violence And the unreasoned chaos That wayne grogan's act represents.
Thank you.
- The defendant will stand.
Has the jury reached a verdict? - We have, your honor.
- On the sole count in the indictment, Murder in the first degree, how do you find? - We find the defendant guilty.
[people murmuring.]
- Take a walk with me.
Connie has asked to be transferred To the white collar crime bureau.
- If that's what she wants.
- That's what I want.
- Well, it's not what I want.
I'd have to pull someone out of that bureau And find a place for them somewhere else.
Then I'd have to find someone to second-chair with mike.
Much as you'd like to believe otherwise, People aren't lining up for that exalted position.
I used to expect people to be consistent, That pro-lifers would oppose capital punishment, That champions of human rights Would claim some for the unborn.
I don't expect that anymore.
It's a big messy world.
Work it out.