All language subtitles for Law & Order (1990) - S02E05 - God Bless the Child (720p WEB-DL x265 ImE)_track3_[eng]

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.

Please, Missus,
call the doctor.

Cora, her temperature's down.

She's not getting better.

Waking her won't help.

A doctor, an ambulance, 911--
you have to do something.

You're being crazy.

I want you to get your things.

My husband
will send you a check.

( child wheezing lightly )

( car horn honking )

Help, please! Help!

Help! Help!

Please, stop!

What do you want,
honey?

Mrs. Driscoll.

Yes?

I'm Officer Barton,
this is Officer Giordano.

How are you doing?

Your housekeeper says
you may have an emergency?

Mrs. Amado
tends to overreact.

Do you mind?

Could we just come in

and take a peek
at your daughter?

That really isn't necessary.

We'll just
be in and out.

Excuse me, ma'am.

She's been
a little feverish.

( wheezing )

Lady, this kid can't breathe.

2-7 Charlie
to Central K.

Go ahead, Charlie.
DISPATCHER:

Did you call it in?

Policy is firm:
only the chief resident-- me--

can call the cops on parents.

Listen, is this kid
going to make it?

Strep, fever 105 plus--

what kind of parent doesn't know
that's life-threatening?

So, on the record, the
hospital's going to make

a formal child
abuse complaint?

Yes, neglect.

You can't do this.

I want to take
my daughter home.

Ms. Driscoll, this is
Dr. Fisher, the chief resident.

She won't authorize
a trach.

And if I don't sign
an authorization,

you can't treat her.

This is Sergeant Cerreta
and Detective Logan.

More policemen?

You're not leaving us
any choice.

You seem
like a reasonable woman.

You want to tell us
what the problem is?

Your husband here
tonight, ma'am?

No, he's in Boston
on business.

Well, you know, you understand
if the hospital

files a formal complaint,
you could find yourself in jail.

You can't force me
to let you operate.

Are you serious?

These people are trying

to save your daughter's life.

Right now, I am more concerned
about her soul.

Mrs. Driscoll,
let us help Dinah.

You can't help her.

We don't believe
in modern medicine.

You don't believe in it?

Our religion forbids it.

Code blue, E.R. Pediatrics.
WOMAN ( over PA system ):

Code blue, E.R. Pediatrics.

MAN:
Excuse me, Miss.

Step back.

Get her intubated.

1.8 milliliter epi.

1/1,000 solution
I.V. push now.

Let's get a central
line in here.

Who's the pharmacist?

WOMAN:
Now, now!

Let's go
with 18 watts per second.

WOMAN:
Level off.

MAN:
Take the mask off.

Clear.
( sharp thud )

Still no pulse.

Clear.

Clear.

She wasn't that sick!

She wasn't that sick.

Captioning sponsored by
NBC/UNIVERSAL

¶ ¶

¶ ¶

It's your call.

CERRETA:
get her for can

is endangering
the welfare of a child.

No, no, what we get her for
is manslaughter.

Whoa, Mike, slow down.

We don't get her for anything

you don't prove she knew
the kid was seriously ill.

All right, the housekeeper--
what's her name--

Amado, she knew damn well
the kid was sick enough

to get two cops.

Oh, that will put the parents
away for sure.

She was fired;
she'll say anything.

Getting fired--
you think that's a reason

to lie about the kid?

You believe this?

Hey, what I think,
what you think,

What he thinks don't
mean diddly-squat,

because in court,

she's not
a credible witness.

Credible?!
The kid died!

Well, well, what's this?

Honeymoon over?

When you're finished
debating her state of mind,

why don't you go ask her,

and see what you can find out
about this religion

Church of All Saints.

Beautiful child.

You worked
for the Driscolls

what, three months?

Mm-hmm.
They loved that child.

It was an aura,
it radiated from them.

You never saw people
who loved a child so much.

When did she get sick?

AMADO:
Monday morning, when I come in,

She already had a fever.

Mrs. Driscoll,
she wasn't worried.

She said
she was praying for her.

But you were worried.

My kids, they get sick,
I pray for their souls.

Their bodies, I get a doctor.

Oberon Guzman, I called him

and told him
the fever keeps going up.

Did you tell
Mrs. Driscoll that?

And she told me that sometimes
kids just had to get sicker

before the Lord
heard their prayers.

You want me
to visit a sick child

when the parent won't call?

When the child's dying,
yes, I do.

My malpractice insurance
is already 20 times my rent.

I do not go to any child
against their parents' wishes.

Did Mrs. Amado

describe the girl's symptoms?

Sore throat, high fever,
trouble breathing.

A second-year
medical student

could have made an educated
guess it was strep throat.

Do you consider that major?

Untreated?

It could lead
to rheumatic fever,

heart disease, death.

So a parent
refusing treatment...

Would have to be stupid,

blind, or negligent.

Or very religious.

MINISTER:
from the Swiss brethren

like the Amish
or the Hutterites.

Except that
you don't use doctors.

We've been around
for 300 years,

long before modern medicine.

Hold on.

You use electricity,
central heating.

You were around
long before them, too.

Detective, do I really
have to defend

my religious beliefs
to the police?

Are you arresting Ted and Nancy?

Have they been
in your church long?

Many years.

They were members when
we were out in Hanover,
New Jersey.

They're devout people.

The loss of their
daughter was terrible,

but it is God's will.

Most of us don't mind
a little help from antibiotics.

But some of us do.

Did the Driscolls

talk to you
while Dinah was sick?

Ted and Nancy never believed

that their daughter
was sick enough to die.

All you have to do
is talk to them to know that.

Fanatics.

It's not that simple.

These people aren't Moonies.

You go to confession,
take communion.

They believe
just as strongly as you do.

Come on, that's crap.

How can you
compare these wackos...

Wackos?
A lot of non-Catholics

believe it's wacko
for priests not to marry.

A lot of non-Fundamentalists

believe it's wacko
to take the Bible literally.

To the Driscolls,
losing this kid's soul

is worse
than losing her life.

Except we're
investigating

the death of a little
girl, not a soul.

The church
doesn't make exceptions.

The rules are God's,
not ours.

We don't
pollute our bodies.

We don't smoke, we
don't use medicine

and we don't use doctors.

LOGAN:
So if you're having
a heart attack,

you don't call an ambulance?

Is that so difficult
for you to accept?

CERRETA:
Excuse me, Mrs. Driscoll

we have to ask.

Did you consider
calling a doctor?

We should have prayed harder.

Maybe it's our fault.

It's faith.

That's what religion is.

LOGAN:
You call that religion?

Neglecting a dying child?

Now, you see,
I call that irresponsible.

Mike.

Sorry.

We're used to it.

Is that all?

There's just one thing.

You were gone
Wednesday and Thursday?

I had no choice.

Look, we talked three
or four times a day.

Dinah's fever was down.

Nancy thought
she was better.

Our prayers were working.

At any time,
over the five or six days,

did you get any help for Dinah?

Of course we did.

Sharon Barlow-- she's
a church medical practitioner.

Do you have
any medical training?

Any chemistry, biology,
first aid, anything?

Church training.

Spiritual healing.

Mm-hmm.

So, then, you're what--
a kind of nurse?

You think I don't know
what's going on here, Detective?

Your job
is to prosecute our church.

If you believed what we believe,
you'd understand.

We are trying to find out
what you believe.

Help us out.

We treat the sick with prayer.

We tried everything

to lower her fever.

We prayed, cold baths.

We fed her, we used
rubbing alcohol.

When we ran out,
we called the drugstore

for more.
Drugstore?

Which one?

( scoffs )

I think I have the receipt.

Tax deduction, huh?

What did those people do?

It was rubbing alcohol, man,
not speed.

Hey, look, you remember
them or what?

Oh, yeah, guy opens the door,
he's holding a kid

two ladies,
they're picking at each other.

All right, so what
did they look like?

This old lady,
she's telling the mom

"Pray harder,
the kid will get better"

"believe in God"--
that kind of stuff.

Start again.

Praying
or fighting?

Fighting, man, fighting

The father tells them
to keep it down,

gives the kid to the old lady,
and he pays me.

But you kept
listening, right?

I couldn't help it;
the elevator was busted,

so I had to take the stairs.

Now, the apartment door's
still open.

Then, the woman,
the young one, she jets by me.

MAN:
87 Apartments.

You think I see everybody
who comes and goes?

CERRETA:
How long you been
on this door, Mike?

31 Years.

You know what time every man,
woman, and child in here pees.

Thursday, 10:00,
Mrs. Driscoll.

She ran by crying,
face all puffy.

Look, their kid's dead.

They don't need
more trouble.

Did you see
which way she went?

( sighs )
Coffee shop
on the corner.

5'6", brunette.

Which one of the four
million you have in mind?

She might
have been crying.

The food here,
no wonder.

Elaine!

Tuesday night,
10:00.

You see a brunette
in here crying?

What did she do?

Did you wait on her?

I tried to get her
to eat something,

stop crying.

No sale.
Only coffee-- three cups,

spiked with bourbon.

Mm-hmm. Freedom of religion,

that gives you the right
to commit homicide?

The penal law allows
a single affirmative defense

to endangering
the welfare of a child--

spiritual healing
by an organized religion.

That's
in the law?

In '73, Congress passed
a child abuse bill,

$85 million to the states.

ATW regulations said any state

without a spiritual healing
exemption didn't get money.

This is unbelievable.

In New York?

And 43 other states.

But the law says endangering.

These people let the kid die.

To convict on manslaughter?

A couple of steps.

First, convince the jury
not to apply

the spiritual healing defense
to homicide.

Convince them? Hell, the judge
will just tell them not to.

You know juries.

They'll do
whatever they think is right.

Next, prove the parents didn't
believe prayer would work.

Forget that.

No matter what we think
of their religion,

it's obvious
they believed in it,

and they believed their kid
wasn't sick enough to die.

If we could prove it

then we could prove
the manslaughter--

show they recklessly caused
a death.

Great, so we got to show
they didn't believe in prayer

and they knew
the kid could die?

Looks like mom believed
in bourbon

more than she did prayer.

I thought they didn't drink.

People like this,

they start wondering wonder if
prayer is going to do the trick.

What happens?

I'll be you they're not
the only ones ever called God

and got his answering machine.

If she was upset enough
to break church law on drinking,

maybe she had doubts
about spiritual healing.

Well, how are we going
to prove that--

subpoena her mind?

Maybe she talked to some
of the other church members.

LOGAN:
So maybe we do get
a subpoena...

for the church membership list.

"Your Honor,
forget the first amendment.

We want a subpoena."

I wouldn't bet the ranch
on that one.

You don't get some information
on these people--

how religious they are,
what goes on in that church--

you don't have a case.

What did that minister say?

They had all been
out in New Jersey?

Hanover.

Let's go check out that town.

If they had any doubts
about prayer working,

they're guilty.
Yeah, I know,
I know.

It's easy for you and
Robinette and Cragen.

What the hell
does that mean?

You don't have kids.

Look, the adult world is
divided into two groups:

the ones who have kids
and the ones who don't.

You can't understand
what a parent feels,

and I will guarantee
you one thing:

they loved that kid.
And if...

And if they had any
doubts prayer working,

and we can prove it,
I'll be the first guy
out with my cuffs.

Personally?

I don't trust a man
who never drinks.

These All Saints
people--

must have been
40, 50 of them--

they were
good neighbors.

They all moved out,
right?

Everyone knew they
weren't going to stay.

When they came,
they didn't buy houses,

they only rented.

They used an old farmhouse
as a church.

Work? Commuting--
the city, Newark, Princeton.

Tells you
they're not putting down roots.

Listen.

Driscoll-- husband and wife.

Ring any bells?

Nah, but I'm brain dead.

Boredom.

CERRETA:
Chief?

You got a newspaper
in this town?

Yeah, Hanover Union,
the county weekly.

It's right down the street.

City cops.

It will make their month.

Mabel Gardner, 96,

found dead
in her living room.

Body wasn't discovered
for three days.

Milkman did it.

Makes you want to move,
doesn't it?

Anymore of this,

and I'm going
to be brain dead.

"Baby Died at Home."

Daniel Driscoll, six years ago.

Two years old.

The Driscolls
wanted a headstone.

We have a park-type cemetery--
plaques level with the grass.

It's a neater look,
easier maintenance.

It says here

the boy died
of influenza.

Anybody do an autopsy?

Nobody thought anything
was wrong.

Mm-hmm. Died at home.

Says the boy is survived
by an aunt.

Eleanor Harding-- she owns
a stationery store in town.

I thought everybody from
the church moved into the city?

Everybody except Eleanor.

Never showing doubt.

( scoffs )
Never showing fear.

God's will is supreme,

and if you don't believe
that, you're a sinner.

Another life.

It's behind me.

But there must be reasons

why you didn't move
with your brother.

Okay, I'll give you one.

Um... seven, eight years ago

I flew with Ted and Nancy
up to Albany

for a church meeting.

We hit a thunderstorm,
got struck by lightning.

The plane dropped 10,000 feet.

I was terrified.

I thought we were all dead,

And Ted says,
"We're all in God's hands."

And that made you stay here?

Well, between you and me,
I trusted the pilot over God.

When Daniel died,
I joined a group.

We lobbied to have the spiritual
healing laws repealed.

( chuckles )
Doesn't make for family picnics.

Did you know Dinah was sick?

I called Nancy.

I pleaded with her
to go to a doctor.

You didn't call your brother?

When that plane was vibrating,
Nancy was scared witless, too.

Are you suggesting
we neglected Daniel?!

Having two children die
is a terrible tragedy.

It's also
terribly long odds.

Odds? God
doesn't gamble.

What about this fight
you and your wife had?

Our religion asks for
spiritual progress,

not perfection.

Would you mind telling us
what it was about?

Did your wife
want medical help?

Whatever my wife wanted,
I don't have to tell you.

That's the law.

The law also says
parents are responsible

for their children's welfare.

CERRETA:
I've got five.

I couldn't sit by
and watch one of my them die.

If you have anything more
you want to ask me,

get a subpoena.

Ted and I had
a mild disagreement.

LOGAN:
About Dinah?

Do you have children?

A sick child
can make you anxious.

Anxious enough
to take three drinks?

CERRETA:
I thought your church

didn't allow drinking,
Mrs. Driscoll?

I'm fallible.

God isn't.

Did you want

to call a doctor?

Did your husband
stop you from that?

( phone rings )

Hello?

Yes, they're here.

I will.

I'll see you later.

My husband says

that if you have
any more questions,

he wants you to call
the Reverend Henry Morley.

Spiritual advice?

No, legal.

He'll give you the name
of our lawyer.

Go to the DA?

With what?

We've still got nothing.

She had a couple of drinks.

Her sister-in-law thought
she had enough doubts

to pressure her.

Drinks, the sister-in law
thinking that she maybe
might have had doubts--

that's going to convince a jury?

Suppose she called
a doctor?

Suppose she did?

There can't be more than
4,000 or 5,000 in the city.

What do you think?

We start with "A"
and go forwards

or "Z" and
work backwards?

These people
don't have doctors.

Who would they
even know to call?

Well, how about 911?

Computer printouts
of every call?

They promised two years ago
and last year and this year,

and now they promise
next year.

We'll listen
to the tapes.

What's the matter--
you fellows can't read?

Check your logs
at the precinct.

There's nothing
in the logs.

2,000 calls a night.

At least
they're short.

CERRETA:
Grandma fell down
a flight of stairs.

Daddy's beating up mommy.

Auto accident.

Boiler explosion.

Want to move to a small town
in Jersey?

They got a nice
police chief there.

Nancy Driscoll?

Ted.

ROBINETTE:
What about a jury's
common sense?

We can't indict him
and not her.

The mother
may be morally guilty,

but legally
she's got a good case.

She seemed to trust
in God.

Paul, I'm not
Saint Augustine.

I can't make arguments to
a jury about the number

of angels on the
head of a pin.

But the moral issue's
in the law.

She keeps her faith,
doesn't call a doctor.

Under the law,
she looks innocent.

Maybe she didn't
keep her faith.

She ran from the
apartment, she drank.

Maybe her crisis
of faith

drove the husband
into one of his own.

If he'd finished
the 911 call,

the girl might be alive.

Would be. Strep is
extremely treatable.

It won't be easy
getting a conviction

on either one of them.

Rabbis, priests,
ministers--

I'm debating theology

with half the clergy
in the city.

Tell them
the case isn't about theology.

Tell them
it isn't about politics, either.

Driscolls seem
like decent people.

I sympathize with them.

Because they're decent,

it looks like
we're putting religion on trial.

The spiritual healing law
shouldn't even be on the books.

Oh, that's beautiful.

Suddenly, we find ourselves
in Utopia.

Politics is part
of the law, my friend.

You need reminding,
spend a day in Albany.

Does this mean we don't want
to indict?

Think we have a choice?

Do you?

The mother drinking--
a case of impaired judgment.

The father,
he started to make the call.

If we walk away
from it now,

looks like we never should have
investigated in the first place.

Let's go with manslaughter two

and endangering
the welfare of a child.

With a lesser charge,

we'll never convict
on manslaughter.

What's better--

half a win or none?

Yeah, but the logic doesn't
play.

If they endangered the child
enough for her to die,

they're guilty of manslaughter.

Illinois, Massachusetts,
Florida-- there isn't a DA

that hasn't reached
the same conclusion.

Leave both charges,
and do us all a favor.

Take a plea.

Man two.

Lifetime probation.

No jail time.

BAILIFF:
Indictment number 6432:

the People v. Theodore Driscoll
and Nancy Driscoll.

The charges are manslaughter
in the second degree

and endangering
the welfare of a child.

JUDGE:
Are the defendants
ready to plead?

BOTH:
Not guilty.

I'll let you know up front,
Mr. Robinette,

I don't see
a big bail number here.

One of the charges, Your Honor,
is manslaughter.

Yes, I know the seriousness
of the crime,

but I'm looking
at the other factors.

Mr. Carpenter.

Your Honor, we ask
the defendants release

on their own recognizance.

Counselor, you know
I can't do that, either.

Bail is set for each defendant
at $25,000.

The tenants of their church
vis-à-vis doctors

are well known.

The Driscolls
have been members for years.

Then why did your client
phone 911?

One moment of weakness.

You're a Catholic.

Do you ever sin?

That's sophistry, Lucius.

I'm not here as a Catholic.

I'm here as a lawyer.

You're prosecuting Ted Driscoll
for making a phone call.

I'm prosecuting Mr.
and Mrs. Driscoll

for recklessly causing the death
of their child after he violated

his church's teaching.

A child who was born
into their faith.

They want to martyr themselves
to religion, fine,

but they don't have a right
to martyr their child!

Convicting them of manslaughter
won't bring Dinah back.

I want sick children to have
a chance at medical care.

I'd expect
this kind of prosecution

in Arizona, California,

not in the most tolerant state
in the country.

Well, I wouldn't try that
tolerance argument in court

if I were you.

Just once, for a lark,

could you bring me in
on an easy case?

I don't need a psychiatrist
with the easy ones, Susan.

You know what kind
of jury we want?

We want 12 people
with children,

preferably all of whom
have strep throat.

Carpenter's shrink?
Seymour Golden.

Who's Seymour Golden?

He gets $2,000 a day.

Compared to him,
I'm a bargain.

STONE:
in the papers, Mr. Madison?

Didn't see it.

Heard about it
on television?

Like I say,
I didn't follow it.

Do you have any strong
religious beliefs?

I'm a Baptist.

I believe in God.

Thank you.

Baptist.

You think he'll sympathize
with fundamentalists?

He worries me.

Makes me nervous.

I think he knows the difference
between church and state.

Keep him.

Guys, trust me.

No challenge.

No challenge.

I have two girls, six and ten.

Do you believe
parents have the right

to care for children according
to their own customs?

I do.

Knowing what you do
about this case,

do you think you can
be impartial?

I love my children
so much,

I can't imagine
parents who don't.

In fact, I'm pregnant
with our third child right now.

Thank you.

She practically
announced

she identifies
with Mrs. Driscoll.

I know, but I don't think
she's going to like them

watching that girl's fever
go up.

ROBINETTE:
A pregnant mother,

she'll carry
a lot of weight
in the jury room.

My research shows that
she's going to go with the child

and not the mother.

No challenge.

No challenge.

I think the government ought
to keep its nose out of my life.

STONE:
Mr. Nicholas,

if it were contrary
to your own beliefs,

would you be able
to accept

the judges instruction
on the law?

I understand
the difference

between my point of
view and the law.

I'll do what's right.

Thank you.

He's got four kids.

He hates authority.

It's bad for us.

Peremptory challenge,
Your Honor.

Four kids?

What's your problem
with him?

It's peremptory,
Lucius.

I don't need a reason.

The tragedy of this case

is the death of Dinah Driscoll,
five years old.

The greater tragedy

is that her death
could have been prevented.

The State will prove

that Dinah Driscoll was ill
and in need of medical care.

We will also prove
that the defendants

denied her that care

and knew its absence
would lead to her death.

During this trial, you will hear
a great deal about religion.

Nobody's religious beliefs
are on trial.

What is on trial
is Dinah Driscoll's death.

Did the defendants
violate their parental duty?

Did they recklessly lead
Dinah Driscoll to her death?

Dr. Stanbeck, please tell
the court your profession

and current position.

By training
I'm an oncologist--

that's a cancer specialist--

and I'm the chairman

of the New York Council
on Medical Ethics.

Have you written works
on the history of medicine?

Yes, I'm the author
of two books on the subject--

The Healer's Craft
and Life Before Death.

Please tell the court about
the place of spiritual healing

in the history of medicine.

Well, prior to the 20th century,

people were often desperate
for any relief from pain,

and for thousands of years,
naturally, people prayed.

In your expert opinion,
does prayer cure disease?

Objection.

He's not an expert on prayer.

But he is an expert on disease.

Overruled.

The witness may answer.

A virus can't hear a prayer

any more than viruses
respond to leeches.

For thousands of years,

bacteria and viruses
killed people.

Then we developed
sulfa drugs and antibiotics,

and people lived.

STONE:
Thank you.

I'd say she had to be infected
for at least a week.

What did you tell the defendant,
Nancy Driscoll?

I said if we didn't clear
Dinah's lungs

and get her temperature down,
she would die.

And how did
Mrs. Driscoll respond?

She refused permission
for us to treat her child.

Thank you.

Dr. Baumann, how long have
you been practicing medicine?

Three years.

Have you seen many
strep infections?

Emergency room--
you don't see them very often...

So you're not an expert
in strep?

Please, I'm a doctor.
Really?

Are you a doctor who can swear

Dinah had been infected
for a week?

In medicine nothing is certain,
but I know...

Thank you.

No further questions.

What did Mrs. Driscoll say

when you suggested
she get a doctor?

She told me Dinah
was in God's hands.

Tell the court why you left
the Church of All Saints?

Objection.

Relevance.

Your Honor, her experience

with the church's doctrine
is relevant.

Overruled.
I'll allow it.

Witness may answer.

I left the church,
because I'd seen children die.

Thank you.

No more questions.

You were raised
in the Church of All Saints,

correct?

Yes.

And before you left
the church,

did you believe
in its doctrines?

Isn't it true

that four years
before you left the church,

you became ill
and took antibiotics,

because you believed
they would save your life?

Yes, that's true.

Prayer clearly wasn't working.

So the real reason you left

is because you didn't accept
the church's doctrines

for yourself.

Isn't that right?

No further questions.

It's a winnable case.

Yeah, listen Carpenter
is ready to deal.

Take a plea
while you can.

Only if they agree
never to participate

in the spiritual healing
of a kid again.

Does it matter?

They don't have
any children.

I don't care, Adam.

I don't want them
convincing other parents

to let their children die.

All right, but
don't push it.

Forget man two.

Settle
for endangering.

You're asking them
to turn against
their church.

We're offering a plea

where they walk away
from manslaughter.

At the expense
of their religious beliefs.

Endangering
the welfare of a child.

However, in this plea bargain,
you agree never to participate

in the spiritual healing
of another child.

You can imprison my body
but not my soul.

You know, when I was growing up,
my parents told me

about the separation
of church and state.

How proud they were
of their country.

Do you live in the same country
I do, Mr. Stone?

Please, reconsider.

They've made their decision.

And I've made up my mind.

I'll see you in court.

I heal with prayer.

It didn't heal Dinah.

Her fever went down.

And she died.

Did you ever go to a doctor?

No.

Do you wear glasses.

I saw an optometrist.

Eyeglasses aren't cures
for disease.

They're aids to living.

So you believe
that poor eyesight

isn't a part of God's will,
but letting a five-year-old die

from something
that can be cured like that is.

Your Honor,

I move for a mistrial.

This questioning on religion
is impermissible.

Approach.

Your Honor,
we're within the limits.

Maybe.

I want this thing
settled quickly.

You'll have motions
in my chambers

tomorrow morning at 10:00,

and we'll discuss
them at 1:00.

And hold down
the verbiage, okay?

You give me a hundred pages,
I'll be very upset.

Court's adjourned.

Did I misread this?

Well, if you did,
I misread it the same way.

U.S. V. Ballard.

The Supreme Court says

"The truth of their
religious beliefs

should not be submitted
to the jury."

I didn't ask Sharon Barlow
whether her beliefs were true,

did I?

No, but you did disparage them
with your attitude.

My attitude's not
in the transcript.

SCHIFF:
Gentlemen.

We're in the clear?

Carpenter's scared.
He knows where your case ends.

If we ever get there.

If we do,
we're going to lose on Nancy.

Could go the other way.

The father may
feel sorry for her

and the mother,
religion or not

she told the doctors
not to operate

and she had those drinks.

Oh, by the way,
Judge Kurland--

thinks he's William O. Douglas.

Make your motion simple.

He'll never understand it.

This is a fine line,
Mr. Carpenter.

And Mr. Stone crossed it.

The spiritual healing defense
does not give you the right

to dissect her beliefs.

That's an interesting
approach, Counselor.

You want your clients acquitted
on the basis of their belief

in spiritual healing,

but you don't want that healing
discussed in court.

He can ask whether
she believes in God's power.

He cannot imply
her beliefs are stupid.

Your clients aren't on
trial for their beliefs.

They're on trial
for their actions.

Their beliefs are action.

KURLAND:
Oh, Counselor,

I'm afraid that's nonsense,
and you know it.

No, the law allows testimony
on the relevance of faith.

The jury hasn't been asked

to judge the truth
of that faith.

Motion for mistrial denied.

We'll resume at 2:00.

On that night, the night
before their daughter died,

did the Driscolls argue
about treating her?

Nancy said that God
had taken one child from her.

She didn't think
she could bear it

if he took another.

And how did Mr. Driscoll
respond?

I'm not sure.

They asked me
to leave Dinah's room.

She... Mrs. Driscoll
was upset.

After a few minutes, she came
out, and he followed her.

And then what happened?

They were shouting.

Then, the drugstore delivery
arrived.

Nancy left the apartment.

Did Mr. Driscoll return
to the child's room?

Not right away;
he went into the kitchen.

How long was he gone?

I don't remember.

We offer into evidence
People's exhibit number 14--

an emergency medical services
tape recording

on the Tuesday night
in question

and also an affidavit swearing

that that is a copy
of the EMS master.

And we request permission
to play the tape.

Granted.

Thank you.

Yes, hello?
MAN:

911 Emergency.
OPERATOR:

It's my daughter.

What's wrong with her?
Please!

What's the problem,
sir?
She's terribly sick.

Sir? Hello?

with fever.
She's burning up

Is it going down?
No, it's not
going down!

what I need you to do.
All right, this is

Sir, you've got to stay
on the line.
( background commotion )

Sir, are you there?

( dial tone )

Do you recognize the voice
on that tape?

Sounds like Ted Driscoll.

Thank you.

Ms. Barlow,
there are background voices

and a great deal of static
on that tape.

Are you certain
that's Ted Driscoll's voice?

No.

As I said,
it sounds like Ted's voice.

If Mrs. Driscoll was there
when he called 911...

Makes your case stronger
for both of them.

Two parents--
joint decision.

The housekeeper, Paul--

she hasn't been in court,
has she?

And not talking
to reporters.

Go see her tonight.

My friends,

they want me to make trouble
for the Driscolls.

Was Mrs. Driscoll there
when Mr. Driscoll made the call?

I don't hate them.

There's something you haven't
told us, isn't there?

They have so much pain already.

It was Dinah.

She wanted a doctor.

The child asked for a doctor?

That night,
when the other lady was there,

I was in Dinah's room.

Dinah says she feels
so very sick.

Her friend Susie's mom gets her
a doctor when she's sick.

"Why can't I get a doctor?"

Mrs. Driscoll told her,
"We don't believe in doctors."

She's a tainted witness.

It is grossly prejudicial,
not to mention it's hearsay.

Two exceptions,
Your Honor.

If he says
dying declaration

by the victim
of a homicide...

Calm down,
Counselor.

He hasn't said
anything yet. Ben?

Opinion testimony
by a lay witness

on the emotional state
of Dinah Driscoll.

Emotional state?

You want her to testify
to what the child said.

Anyway, that's no exception
to hearsay.

Effect of a verbal act
on the parents.

Statement not offered
for its truth.

You do want the jury to believe
it's the truth?!

No shouting in my chambers.

I don't like it, Ben.

The child obviously
can't testify,

and let's face it,
it is prejudicial.

The witness is not trustworthy.

Not in my courtroom.

Sorry.

ROBINETTE:
It would have helped
to have gotten it in.

It could have gone
both ways.

He said they didn't
believe in doctors.

But they both
made the call.

I don't know-- I think
the possibility of conviction

is on life-support.

In the history of your church,

have the attitudes towards
spiritual healing ever changed?

We take biblical injunctions
literally.

Have you witnessed
successful examples

of spiritual
healing?

They're all successful.

CARPENTER:
Even if someone dies?

Someone lives, someone dies--
it is all God's will.

The soul is eternal.

CARPENTER:
Thank you, sir.

No further questions.

Uh, Reverend Morley,
does your church's doctrine

ever allow a doctor
to be called?

Only in certain
extreme situations.

And Dinah Driscoll's situation
was not extreme?

If a mother's life is threatened
in childbirth,

midwives or doctors
may be called.

No other situation?

No.

So if I understand you
correctly,

when a mother's life is in
danger, a doctor can be called,

but if a child's life's
in danger,

it's allowed to die?

Objection.

Withdrawn.

Reverend, do you believe

that all religious rituals
should be protected by law?

Objection. Relevance.

Overruled.
I'll allow it.

I believe that the government
should follow the Constitution

and allow us
freedom of religion.

So that if a church doctrine
called for beating children

or allowing them
to handle poisonous snakes...

What if a religious ritual

called for leaving children
naked in the snow?

Objection.

KURLAND:
Mr. Stone...

Your Honor,
I'm through with this witness.

CARPENTER:
Mrs. Driscoll,
do you blame yourself

for your daughter's
death?

I did what was right.

Maybe if...

if I had a fuller
understanding of God,

Dinah would be alive.

Are you planning
to have another child?

Yes.

If your third child
became sick,

would you go to a doctor?

Only if spiritual healing
didn't help.

Only as a last resort.

Thank you.

No further questions.

Mrs. Driscoll,
we've heard testimony

that the night
before your daughter died

you and your husband argued
about treating her.

Is that true?

We had a disagreement.

Weren't you shouting?

We may have raised our voices.

And what did you
disagree about?

Calling a doctor.

Did Dinah want a doctor?

She wanted to know
why her friends

had doctors and she didn't.

And did you want
to summon medical help?

No one's faith is perfect.

Ted helped me

to recover my sense
of faith in God's will.

Answer the question,
Mrs. Driscoll.

I'm trying to, Your Honor.

I was afraid.

Ted and I talked.

What did you talk about?

Mr. Carpenter?

No objection, Your Honor.

The law does not require that
the witness answer questions

about her husband,
Mrs. Driscoll.

You may answer or not.

Ted said he couldn't stand
to see me so upset.

He said he wanted
to call a doctor.

He started
to call for help,

and I told him no.

He was putting his soul
in danger

to save Dinah's life

because of my pain.

Just because of me.

JUDGE:
To reach a guilty verdict

in the charge of manslaughter
in the second degree

the jury must find

that the defendants
recklessly caused the death

of Dinah Driscoll.

As to the charge of endangering
the welfare of a child,

I further instruct you
that the Church of All Saints

is a well-established church,

and you may not consider

the prudence
of spiritual healing.

Now you may consider

whether the defendants

at a time their daughter
was extremely ill,

sincerely believed
in the legitimacy

of their religion

to cure illness
without benefit of medical help.

He buried the distinction.

They will think
spiritual healing

is a defense for manslaughter.

Why did he do it?

Eight, nine other
state judges

frame their instructions
the same way.

He practically guarantees
acquittal

on endangering
and manslaughter.

They should acquit
on endangering.

That's what
the law says.

And manslaughter?

You think they will understand
the difference?

That's not
what worries me.

We know that,
technically,

they're guilty
of manslaughter

but does a jury
even want to make
the distinction?

The defendant,
Theodore Driscoll,

on the charge of endangering
the welfare of a child--

how does the jury find?

We find the defendant
not guilty.

The defendant,
Nancy Driscoll,

on the charge of endangering
the welfare of a child?

How does the jury find?

We find the defendant
not guilty.

The defendant,
Theodore Driscoll,

on the charge of manslaughter
in the second degree--

how does the jury find?

We find the defendant

guilty.

KURLAND:
The defendant,
Nancy Driscoll, on the charge

of manslaughter
in the second degree--

how does the jury find?

We find the defendant guilty.

It never ceases
to amaze me.

Juries?

To weed through
a complicated legal minefield,

get bad instructions
from the judge,

and still reach
the right verdict.

What do you think
Judge Kurland
will give them?

My guess? They won't spend
a night in jail.

Then what the hell's the point?

Well, it's on the books,
it got press.

Maybe next week, next month,
three years from now,

a parent will call a doctor

because they remember
this conviction

and a child won't die.

That's the point.

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