All language subtitles for BostonLegal.2.15.Smile.EN

Previously on Boston Legal…

You're dying and it's eating me up inside.

So? Are we okay?

You're going off like a dog aren't you?

What do you mean?

When a dog knows it's gonna die he

goes off into the woods by itself.

Denny got engaged.

Who is it this time?

Beverly Bridge.

You think I'm screwing

Denny for his money and power?

It had occurred to me.

I'm prepared to give you $500,000 right now

if you walk away and never have any

contact with Denny Crane ever again.

Bev turned down the offer that I made her.

She was very offended.

This is going to get ugly.

Hello.

Not much going on around here. Is there?

No.

I suppose coming to a lawyer's office
can't be much fun.

Actually, everyone seems friendly here.

Well, they're given
an unlimited supply of donuts.

Here, Sweetheart.

Phyllis?

Alan!

–Hello!
–Hi!

Hello.

I see you have met Marissa.

I have now.

Could we talk in your office?

Of course.

Would you mind watching her
just a little longer? Thanks.

If you get restless, we'll be
right down this hall.

I had a hard time trying to find you.

I called Cruthers, Abbott…

Oh, I was fired. Embezzlement.

Then I tried Young, Frutt and Berlutti…

Oh, yes. That ended badly.

And here you are,
at Crane, Poole and Schmidt.

For now. And you?

Still a legal secretary.

Although the law isn't
as much fun as it was

when I used to watch you bend it.

I need your help.

You used to say that I could
come to you for anything.

I meant sexually.

This is for Marissa.

She's lovely.

But she seems to be having
a bad day though.

Marissa can't smile.

She had nerve damage
from a car accident.

And she had surgery

to try to correct the problem,
but it didn't work.

Alan, she's had a really tough

time of it at the public school.

She's been teased mercilessly.

Here you go. See that?

Now watch this.

It's disappeared. Ha, ha, ha.

What's up your ear?

Ha, ha, ha.

Okay, kid. Let's try it again.

I'm trying to get her into
the Adams Academy for a fresh start.

The admissions director was
so excited to meet her!

Then he met her and she didn't smile.

And that was that.

And these private schools
have become so competitive,

they don't need to let anyone
in who isn't “perfect”.

When I was in school

the closest I ever came to that appellation
was to be called a “perfect” bastard.

I don't wanna sue them,

because if I get known as a litigious parent

I'm never gonna get Marissa into any school.

But I do know that you can be, well…

a perfect bastard.

Denise,

I understand you're going through

some difficulties in your personal life.

Uhm, yeah, It's hard, but I'll get through it.

From what I know about you,

when things get tough you prefer

to bury yourself in your work.

Allow me to provide you with a shovel.

This is Teressa Warner and her daughter Amelia.

Denise is going to be working
with us on the case.

Amelia is eighteen.

She was assaulted
and raped two months ago

and taken to the nearest hospital, St Mary's.

Once we knew she was stable, my

first thought was the morning-after pill.

Only the treating physician
at the hospital told us

that type of treatment
was not available at St Mary's.

He refused to give it to my daughter.

But the Legislature recently
passed a law requiring hospitals

to provide emergency contraception
for rape victims.

They did. But Massachusetts law

also contains a conscience clause.

Catholic hospitals don't have to administer

any treatments that conflicts

with their religious principles,

emergency contraception included.

As soon as she was discharged
we went to our family doctor but

he told us it was too late to prescribe it.

It needs to be administered
as soon as possible,

but no later than seventy-two hours after the…

I know this is difficult for both of you.

Amelia, you've been through
so much trauma already.

So. We'll begin by pursuing a

settlement with the hospital.

No!

No. I want the public to know.

I was raped. And now I'm pregnant

because the doctor wouldn't give

me the contraceptive to prevent it.

I want a trial.

Where is he?

Denny, are you sure we can count on him?

Brad's the best.

I just made him partner.

Well, I want reassurance.

He served in the Gulf War.

The one that turned out okay.

He was top of his class at

West Point and Harvard Law School.

I'd put my own life in his hands.

Once we remove the ventilator,

it'll be a matter of minutes.

You may hear a slight rattle
in the chest. This is normal.

The suffering should be minimal.

Do it.

Step away from the ventilator!
Move away.

I have a court order.

Barry!

He's alive!

He's alive!

So Marissa,

before I meet with the board at

Adams about reconsidering their decision,

I thought it might be a good idea
for us to get together

and have a whole bunch of sugar
and talk about school.

Okay.

What's your favorite part of the day?

I like all my classes.

But, I guess art.
Drawing and painting and stuff.

When I was in fourth grade

I remember having to draw a horse.

It gave me a very tough time.

I'm studying Magritte.

And what do you like about Magritte?

The way things are put together.

It's so unlikely.

They're beautiful like other paintings

but they make you think,

you wonder why things
are the way they are.

He has this one, a picture of a pipe,

and under it says,

“This is not a pipe”.

It says it in French, I translated it for you.

“Ceci n'est pas une pipe”.

That's it!

One of my favorites as well.

It gave me an idea for one.

Marissa, this is wonderful.

Thank you.

Everyone is always telling girls to smile.

Never say that to guys.

I think smiling is overrated.

As you can see.

I will not allow you to destroy my Barry!

The cat is dead. The animal is a vegetable.

–Guys…
–Nature has spoken. When

it's your time, it's your time.

Says the man with the pacemaker
and the prosthetic balls.

That's different.

Denny? I'm a partner.

It's a cat.

You're exactly right, Brad.

I wouldn't trust an associate
with a case this important.

This is Bev's cat.

That guy in there? Bev's fourth husband.

Mattress Majesty.

Worth millions. Troubling thing about America.

Anybody can grow up and be rich.

Denny, still. It's a cat.

Barry Manilow is not just a cat.

What?

Barry Manilow. Cat's full name.

Even better.

Barry Manilow is Bev's cat.

And if it matters to Bev, then I, Denny Crane,

have to pretend that it matters to me.

But, Denny…

Bev will be happy,

which makes me happy,
which makes you happy.

So really, Brad, you're doing this
to make you happy.

Two months ago I was walking to my car

and I was almost there,
I was already getting out my keys,

when this man…

I don't know where… he…

he grabbed me, and…

Take your time.

After he was done, he just kept hitting me

and hitting me and hitting me…

And then I woke up in the hospital.

So you didn't choose St Mary's specifically?

No, I wasn't even conscious.

They just took me to the nearest emergency room.

At any time while you were being treated,

did nurses or physicians bring up the possibility

of becoming pregnant from the attack?

My mom and I asked about it, and

they said the chances were small.

but I wanted to take the morning-after pill

anyway just in case

and Dr Tusten said that was not an available

at a Catholic-affiliated hospital.

How long were you at St Mary's?

Three days.

And after you were discharged?

We went to our family doctor to

try to get the prescription there.

That's when they told us that it has

to be taken within seventy-two hours.

It was too late. I was already pregnant.

How do you plan to handle the pregnancy?

I have always been morally
opposed to abortion, so…

of course I never imagined this.

I don't… I don't know.

When you were told that

emergency contraception was unavailable,

did you ask for a referral

to get the medication elsewhere?

No, because…

Did you or your mother

bring the concern up again

during your time at the hospital?

Well, they had made it pretty clear…

I'm sorry, Amelia. Yes or no?

No.

Thank you.

Nothing further.

It was on Denny's orders.

It's Bev's cat.

That woman's influence on

this firm is increasing daily.

Well at least the case won't go to court.

They've agreed to arbitration,

once the arbitrator sees the evidence

he'll rule to pull the plug and that'll be that.

You'd better hope he doesn't.

Come again?

Brad, since your attempt to bribe
Denny's fiancée to leave him failed

so miserably we must now stay
on her good side lest she tell Denny.

You have to win this case
quickly and quietly.

It's like Friggin Shakespear around here.

Dr Kumi, as an OB-Gyn, could you tell us

how and why emergency contraception is used?

It's a higher dosage of the same hormones

that are used in birth control pills.

It's administered as a last minute
contraceptive to prevent pregnancy.

And in your expert opinion,
how is it related to the abortion pill?

It's not. RU-486, also called the
“abortion pill”,

terminates an existing pregnancy.

Emergency contraception,
like all methods of contraception,

keeps a pregnancy from occurring.

And if a fertilized egg has successfully

been implanted meaning
a pregnancy has begun?

Taking the morning-after pill has no effect.

It can only prevent a pregnancy,
it cannot terminate one.

So there is no correlation between

the morning-after pill and abortion.

There's a significant inverse correlation.

Studies show emergency contraception,

if it's made readily available,

could prevent as many
as seven hundred thousand abortions a year.

Your Honor, this whole thing
is about spite.

–His!
–Hers!

Objection.

People, let's put the vitriol aside

not to mention the complete

ludicrousness of this case.

And look at the facts.

Ms Bridge, you've owned this cat for
eleven years?

That is correct, Your Honor.

Nevertheless, the court awarded

Mr Bridge joint custody of Barry.

The cat's name is Barry Manilow?

It is, Your Honor.

My client has developed
a strong bond with Barry.

Strong bond.

Strong bond? Give me a break.

Your Honor, let the record reflect
that since the divorce

Mr Bridge has been late in returning the cat,
fed him dry food only,

did not have adequate litter box hygiene.

And was often seen calling
the cat ‘stupid’ in public.

That's terrible.

It's a cat.
I don't think I hurt his feelings.

As directed by the joint custody agreement,

Mr Bridge was required
to make all veterinary payments.

And Ms Bridge, acting out of malice,
took advantage of that

by subjecting the cat
to the most expensive treatments possible.

Objection. He's disparaging my client.

Three thousand dollars a month?

Could this possibly be correct?

Yeah, it is, Your Honor.

We have an affidavit from the vet.

Barry is ninety-nine point nine percent dead.

Which makes him point one percent alive.

The glass is half full, Your Honor.

Barry's completely alive to me.

How could you tell under your drunken haze?

–Hey!
–Hey.

Enough!

Let I remind you that I can still pose
sanctions in arbitration.

This is a property matter only.

Keep the emotions out.

We shall reconvene tomorrow

and I'll try not to remind myself

that this is a day I'll never get back.

Excuse me, could you direct me
to the conference room please?

Sure. It's down the hall to the left.

Thank you.

Hello, everyone!

Hello!

You must be the chairman,
Lester Tremont?

I am.

I'm Alan Shore.
Thank you for seeing me.

I won't take up much of your time.

As you know I'm here
regarding Marissa Deaver.

Yes, we have her application in front of us.

Ah! Delightful.

We can all take pleasure in it together.

As you see she's obviously
an exceptional student.

She's in the top ten percentile
on her standardized tests,

her grades have never dipped
below an A-minus,

she persues and excels in a broad range
of extracurricular activities

and yet she wasn't admitted
into your fine institution.

We all make mistakes.

And perhaps it was partially our fault.

Her mother tells me she had
a dreadful interview

which sometimes happens,
especially considering

the extenuating circumstances in this case.

My thought to rectify the situation is this:

you re-interview Marissa,
review her remarkable work

and reconsider putting her
on your roster here at Adams Academy

and let's go beat our arch rivals,
whoever they are.

Sounds like quite a plan.

Unfortunately we have sent out
all of our admissions letters,

the class is full and there's
an extensive wait list.

Ah.

And while we would love
to accomodate Marissa,

it would be unfair to all the other applicants.

Yes it would be. I was hoping
we wouldn't tell them.

Have you seen any of Marissa's art work?

Here's a self-portrait which certainly exhibits
a depth of insight

that is highly unusual for a child of nine.

As you know, Marissa is a girl
who cannot smile.

Yes, that was brought to our attention,

and our hearts go out to her.

Tell you what. Let's make a deal.

Keep your hearts, and let the girl
into the school.

Mr Shore. The Adams Academy is a highly

demanding, highly competitive institution.

We turn down over ninety percent
of our applicants.

And in a transfer case like this,
it's ninety-eight percent.

Now for whatever reasons, Marissa
simply did not meet our standards.

Perhaps she just need a year of maturing…

Maturing? She's ready for retirement.

Well, she is free to reapply to our
academy next year.

She cannot wait another year.

Thank you for coming in, Mr Shore.

I take it we've stopped being nice.
I know I have.

Mr Tremont, Marissa has a disability,

and you and your institution
are discriminating against her.

Mr Shore, that is not true.

But even if it were true…

as a private school we have every right

to discriminate against disabled students.

As a private school we aren't bound
by the I.D.E.A. and

neither parents nor students have any
recourse to challenge denial of service.

Oh my God. You're a lawyer.

Yes. Several of us are.

Let me tell you two things about myself.
I too am a lawyer.

I can be painfully vindictive
and I do not play fair.

That's three things.

See? Not playing fair already.

And I'm just getting started.

Mr Shore, our school
has been sued several times.

Never successfully.

You know what they say, Lester.

You never forget your first time.

Dr Tusten, Ms Bauer is saying that

there's no moral debate at play here.

In the Catholic religion, human life

begins when the egg is fertilized,
not implanted.

At that stage a life is in motion.

Regardless of how it happened,

my moral and religious beliefs

will not allow me to interfere

and the conscience clause

ensures that I don't have to.

Of course you also follow this.

The US Department of Justice's protocol

for treating sexual assault victims,
is that right?

It's a very effective tool for

handling the delicate nature of these cases.

In the one hundred and thirty pages of
this document

does it ever recommend using the
morning-after pill?

No.

But it does address
several important issues

regarding the care of a sexual assault victim,

including collecting a biological sample
to assist

in locating and prosecuting the attacker.

And were you successful
in obtaining that sample?

We were.

The rapist was identified, convicted
and is awaiting sentencing.

Nothing further.

Dr Tusten, in extreme

circumstances like sexual assault,

many Catholic hospitals will make an exception

and provide the rape victims

with emergency contraception.

Catholic hospitals are free to interpret sections

of the Ethical and Religious Directives
liberally or conservatively.

We at St Mary's take a very strict
application of Catholic teachings.

Tell me, Dr Tusten, do you have
a set schedule at the ER?

Nine to five, Monday to Friday?

Shifts are much longer than that.

We're often on call for twenty-four
hours at a time.

Ah! So you often work weekends?

Of course.

But that would put you squarely on the
job during the Sabbath. And..

Exodus 35:2 states that he who works
on the Sabbath should be put to death.

That's a rather fundamentalist interpretation.

Moving on.

Mark 16:18 states that a believer can

drink any deadly thing and not be harmed.

As a physician, are you ready to say that

your Catholic patients can take a swig

of arsenic and suffer no adverse effects?

That's not intended
to be interpreted literally.

But, you interpret some things literally.

Are you saying that you just follow

the parts of the Bible
that make sense to you?

God was fairly straightforward with,
“Thou shalt not kill”.

They said, “If you pour it, people come”.

Not tonight, Denny. I'm angry.

Did you know private schools
can openly discriminate

because of religion, gender, even disability?

Of course they can. They're private.

That's the way it oughtta to be.

That's the way it once was with clubs.

Before the feminists, lesbian cabal
ruined this country.

Trying to get a young girl
into the Adams Academy.

The one Miss Gloomy Gerta there?

She's not gloomy.

Oh, pulled a coin out of her ear,
she didn't even laugh.

There's something wrong with that girl.

That is the acid test.

You're a little Gloomy Gerta yourself,
aren't you?

I don't know how I'm gonna get her in.

The entire legal system sits squarely
on the other side.

You are missing the whole point.

Which is?

The concept of private.

Private doesn't operate by the law.

Private operates above the law.

Like, like Greek gods.

Hovering above the earth on

their own private mountain.

Now Greek gods broke the rules
and the laws,

but the one thing they respected
was power and influence.

And Alan, if all else fails,

and you think you've lost

pretend you've won!

Works for our president.

Maybe it just isn't funny.

I hate cats.

I beg your pardon?

Can't stand 'em.

Barry belonged to my third husband.

When he tried to pick me up at a bar,

his toupee was slipping. He told me
he was a breast inspector.

And you married him?

You can see why I preferred the cat.

Husbands come and go.

And when they go
their friends go with them

and then you end up alone.

Except for Barry.

I apologize for what can be construed

as an inappropriate gesture last week.

As you should.

And I know you think
I'm blackmailing you

because you tried to bribe me, and I am,

but putting all this aside for now,

I really need you to win this.

Please.

You wanted to see me, Mr Crane?

Yeah. Yeah. Garry, ah.

Good morning.

Here, come on.

Funny?

How did you do that?

You and me lunch tomorrow…

I'll show you how.

Let's keep in mind exactly who's

at fault for Amelia Warner's trauma.

Her rapist.

And yet, here we are attacking
the doctor that treated Amelia,

whoes efforts are responsible
for the apprehension and imprisonment
of that rapist.

Because that doctor acting within his rights,

did not administer medication that
conflicted with his religious beliefs,

beliefs that he promised to uphold
when he was hired at St Mary's.

But forget religion. Let's look at the law.

In a one hundred and thirty pages of protocol on

how to treat sexual assault victims

the Unites States Department of Justice

never even mentions the use
of emergency contraception.

It's simply not the standard of care.

There is in fact no law in place in the
state of Massachusetts

that explicitly requires Catholic
hospitals to dispense or provide

information for emergency contraception
under any circumstances.

And we simply can't pretend that there is

on the basis of sentiment or sympathy.

One of our many rights in this country
is what is called “informed consent”.

Every patient has the right to decide
what happens to his or her body.

And to make that decision
a patient needs to rely on her

doctor to disclose all available options.

Do you want chemo therapy
or surgery for a brain tumor?

Do you want to amputate below the knee

or hope for the best and risk death
from gangrene?

Do you want to prevent pregnancy
or have your rapist's baby?

Amelia Warner didn't get to choose.

She was deprived of a crucial
medically relevant option because

her doctor didn't approve of it.

She didn't choose to receive health care
restricted by religious doctrine.

She was taken to the ER unconscious.

She relied on her doctor at St Mary's

to provide her with proper care
or refer her elsewhere and he failed her.

Twenty-five thousand women will become
pregnant from rape this year.

If all of those women took this
emergency contraception,

twenty-two thousand of those pregnancies
could be avoided.

Doctors provide a crucial public benefit
to a diverse society

and we cannot condone it
when they impose their own religion

on patients whom they are
professionally obligated to serve.

Especially patients
in their most vulnerable state.

A teenager for example, brought in
to the emergency room after a brutal rape.

A teenager who is now left to choose

between violating her own moral principals
in terminating the pregnancy

or postponing college to deliver this child.

A child conceived against her will,

a direct result of the most traumatic
ordeal she has ever endured.

Mr Tremont!

Mr Shore!

I believe our business is done
in regards to Ms Deaver.

Oh, absolutely. Water under the bridge.

I'm here in an entirely unrelated matter.

Yes. What is it, Cindy?

There's a news crew from ABC here?

What?

That happens to be the unrelated matter.

What's going on?

Well. The thing is it's all my fault.

I was so sure I was going to

be victorious and persuade you

to admit Marissa into your school.

Total hubris on my part,
I went and called Darcy DeVictor,

she does the human interest pieces
over at the local ABC affiliate.

We were briefly an item.

Don't let her perky
on-air demeanor fool you

she's quite deviant in the bedroom. Anyway.

I figured this was exactly the kind
of story that Darcy likes…

and this is the part that gets me
excited… sink her teeth into.

You know the little artist that can't smile

and the supportive school that loves her.

I always like showing off in front
of an exgirlfriend,

but wouldn't you know it,
I got excited and jumped the gun.

So! I'll let you get back to work.

I'm gonna go out and let her know that
I was wrong and you were right and

the school prevailed
in its determination to discriminate

against this little girl and her disability.

You wouldn't happen to have any
of Marissa's drawings still?

Darcy was dying to show them on air.

Hey! This may be a way
to salvage a story actually.

You know? The little girl who can't smile,

her dream shattered
by the exclusionary will of the inbred elite.

Something like that!

Oh! Wait! I got something.

Darcy?

Lester!

Doggy massage. Pet Prozac.

Kitty yoga. Bark-Mitzvahs.

Pet plastic surgery? And now life support?

What is wrong with us?

Have we lost all perspective?

There are now as many starving people
in this world

as there were people in this world
a generation ago.

And yet every year in this country we spend
over thirty billion dollars on our pets.

Your Honor, you had this right
from the beginning.

This is ludicrous.

This is a property issue just as you noted.

And as hard as it is
to let Barry Manilow go,

it's time to stop prolonging the inevitable.

Your Honor? I have to admit

when I first picked this case

I thought it was just as silly as you do.

I mean this couple broke up,

they managed to divvy up
the car and TV,

why couldn't they figure out
what to do with the cat?

Because.

Unlike our cars and our TV's

our pets transcend our property.

Property that lives and breathes.

Property that loves us back unconditionally

in an increasingly harsh and isolating world.

This is what Barry Manilow is, and

always has been to Beverly Bridge!

Now, Barry Manilow didn't

care how much makeup Beverly wore

or whether her outfits were just a

little bit too tight for someone her age.

He never ostracized her when she got

divorced or demanded she get a job.

Never asked her how she spent her money.

Never came home smelling like another woman.

And he never made Beverly his trophy!

Barry Manilow was simply there for Beverly.

In fact Barry Manilow treated Beverly
better than most of her husbands did.

Now he may be very ill now,

but there's a slight chance
that he can recover.

We need to hold on to that chance.

'Cause, who among us here
has the power to say

that the spark of a soul

is any less significant because
it resides in the body of a pet?

I do.

It's a cat.

And the costs of keeping this cat on a

ventilator indefinitely are exorbitant.

Especially coupled with the pain
this cat must be in

and its remote chance of recovery.

Ms Bridge, I am sorry for your loss,

but I must hereby order that
Barry Manilow's ventilator

be shut off.

That damn cat isn't gonna die.

Fine. You can have him.

Has the jury reached a verdict?

We have, Your Honor.

What say you?

We the jury find in favor of the plaintiff

and hereby award compensatory damages

in the amount of one hundred thousand dollars.

Additionally, we award punitive damages

in the amount of two point six million dollars.

The court thanks the jury for its service.

We are adjourned.

Thank you.

Congratulations.

Thank you so much.

Amelia, you are a courageous human being.

I don't feel like it, but thank you.

You look good in blue, Marissa.

I drew this for you.

Oh my goodness!

It looks like they're going
to have a quite a day.

You know, Marissa,

not smiling has its benefits.

You don't give away your thoughts
so easily

It's a great advantage in card playing

That's funny. But…

I'd rather fit in.

Have you ever heard of a

Greek philosopher named Epictetus?

No.

It was a funny man
with a certain flare for life.

Epictetus compared people who “fit in”

to the white threads of a toga.
Indistinguishable.

He wanted to be the purple thread.

“That small part which is bright,”

“and makes all the rest appear graceful
and beautiful”.

“Why then…” he asked, “do you

tell me to make myself like the many?”

“And if I do, how shall I still be purple?”

Sometimes being purple is kind of a pain.

Yes.

Bev.

Hello, Brad.

Barry's feeling better?

I mean, he doesn't walk
or move or anything,

but he's breathing on his own.

I didn't exactly win the case,

but “All's well, that end's well.”

So we're square.

I'll tell you when we're square, Brad.

Damn it.

So?

I just spoke with her mother.

She's having an abortion.

While it's still legal.

Girl who said she would
never even consider it.

Well. What's the alternative?

Having custody battles with your rapist?

Sorry. That was really tasteless.

It's all tasteless.

I mean the more science comes up with

alternatives to the misery of abortion
the louder the opposition.

Course it's about power.

It's always been about power.

These guys have any friends?

Not for long.

Alan.

I've been thinking about something.

What's that?

I want you to kill me.

The scotch and cigars and nightly

consumption or red meat have that well in hand.

No, no, no. Seriously.

I don't fear death. I never have.

But I am afraid of being
hooked up to a machine.

All those tubes, brain, mush.

Would you like to live like that?

No. If it came to that, my

friend, I would pull your plug.

Pull a plug?
What kind of a death is that?

I want you to shoot me.

Shoot you?

Denny Crane is not gonna

be turned off like a hair dryer.

Live by the gun, you die by the gun.

I'm not gonna shoot you.

Why not? I'd shoot you!

Denny, you've been a lawyer

in this town for forty years.

I'm sure there are plenty of

people who'd willingly shoot you.

Well, I don't wanna be shot by a stranger.

I wanna be shot by someone who,
who cares for me.

The answer is, “No”.

Bah! You b… Democrat!

Protesting wars, banning guns!

If you Nancies had your way

nobody would ever shoot anybody.

And then where would we be?

Where would we be?