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Previously on The Practice.
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I'm pregnant.
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Who's the father?
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Actually, I'm keeping that confidential.
He's basically just a sperm donor.
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And I'm going to be a single mom.
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That's my rape center pager. My name's
Lucy Hatcher. I'm a counselor from the
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Rape Crisis Center.
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When I saw what happened to her, I
freaked.
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This was your very first call. I'm just
not cut out for Rebecca.
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Without your help.
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Thank you. Sure.
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Get out. What? Go!
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That's my daughter.
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She suffered some pretty tough internal
injuries.
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There's also some swelling in the brain.
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She's still unconscious and probably
will stay that way until the swelling
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down. Hey, Beck.
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You're a godmother now.
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We just need for you to wake up.
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Hey.
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Oh, my.
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He already looks bigger.
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Yeah, he eats like a hog.
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Oh, he's a gorgeous thing.
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Yeah, yeah.
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Hey, Beck.
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They let me in here with little Bobby.
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Her neurological responses are
improving.
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Doctor said the swelling's almost
completely down.
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Come on, Beck.
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Three days.
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Enough is enough.
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Beautiful, Michael.
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It's amazing.
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When are you publishing?
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I'm hoping in June.
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Is this one here, is this going to be
the cover?
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Either that one or this here, this
little girl. Look at her face.
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Yeah.
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Okay, you want to see something really
incredible, Michael?
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Okay, this is what I call an amazing
picture.
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That's her head.
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And her hands.
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Wow.
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Yeah.
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You helped make that.
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Can you believe it?
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Yeah.
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That's, um... That's what I came to talk
to you about, Eleanor.
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I'm not sure that I can stick to the
deal.
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What do you mean?
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I want to help parent this baby.
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I know, the agreement. But when you
asked me to be the father, I... I asked
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to be the donor.
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And I thought that I... Never mind the
agreement. It's a contract.
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A signed one, Michael.
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Lawyer thinks that I can probably get
around that.
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You've been to a lawyer?
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I don't want her to grow up without a
father.
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He changed his mind?
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Yes, and we have a contract, and he says
he's going to try to get around it.
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He's already been to see a lawyer. Okay,
try to calm down a little. Who is this
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guy? His name is Michael Hale. He is a
very successful photographer, and he is
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an old friend.
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Friend like friends, or... It wasn't a
romantic relationship, Lucy.
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His involvement here is purely genetic.
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And you have a signed agreement?
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Yes. fully executed, terminating all of
his rights as a father, and now he wants
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to go to court and get avoided.
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When's the hearing?
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I'm not sure.
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I threw him out. I'm not... I don't
know.
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Okay.
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I'll see if I can get his lawyer to come
here before he goes into court.
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Once we get a judge involved, it's
complicated, Eleanor.
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I can't... I can't believe he's doing
this.
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We have...
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A deal.
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Amanda McGowan, please.
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You are?
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I'm Lizzie Hatcher, rape crisis.
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Second door on the right. The doctor's
in with her.
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Try to get a little rest?
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I'm gonna go talk to your dad.
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I'm sorry, who are you?
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Lucy Hatcher, rape crisis.
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Oh, I already did the rape kit.
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I need to speak to the father, then I'll
be back.
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Okay.
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Amanda, I'm Lucy Hatcher, a counselor
from the rape crisis.
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How old are you?
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Eleven.
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She's been gone for over three hours.
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They'll be back here in an hour.
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Let me check.
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Excuse me.
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Could you check on the status of patient
Rebecca Washington? She went down to
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radiology for a CAT scan several hours
ago.
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Several hours ago?
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Yes. Hold on.
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Yes, ICU patient Washington Rebecca went
for a PET scan and a CAT scan at 7
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.30.
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She did?
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At what time?
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She's not in her room.
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No, she isn't. No, she isn't. Would you
check with patient escorts, please?
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Thank you.
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Well, she should be up here shortly.
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Well, when did she leave radiology?
Well, I'm not sure, but I'm sure she'll
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back here shortly.
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Hello.
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I see you.
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Um, no, she isn't.
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Mm -hmm.
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Okay.
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What's going on? I'm going to page the
doctor.
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Yes, before you do that, nurse, I want
to know where Miss Washington is.
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I don't know.
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Who does know?
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I don't know.
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Is she lost?
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At the moment, that's a possibility.
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You keep talking to me in terms of
contract, but... Because that's what we
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Michael. You and I... I understand.
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And I fully intended to go through with
it. So what's changed? What's changed is
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circumstances. How? Tell me. Before, I
was thinking in terms of genetics.
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In terms of sperm fertilizing an egg.
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But when it becomes a person... The idea
was for it to become a person, Michael.
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Yes, but I had no conception of how that
would affect me.
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It will be my child. No, it won't. She
will be my child. All right, all right.
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Look, none of us wants to turn this into
a big myth. Well, that's exactly what
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your client is doing. Eleanor, you were
saying?
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We're looking for paternity, then joint
custody. Absolutely not. I will not
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raise my child in a split environment,
having her pulled between two... Look,
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I'm here right now trying to avoid...
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Going to court. If you're... Then go to
court, Michael, because there is no way
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in hell I am going to give you joint
custody.
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Do you want us to take a minute outside
while you two discuss... My position
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will not change in a minute.
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Then I guess we see you next with a
judge.
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I'm not looking for a battle, Eleanor.
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Well, you've got one, Michael.
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We may not win, Eleanor.
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The law on this in Massachusetts is
untested.
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Then we're about to test it.
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Listen, I'm not necessarily saying make
a deal.
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But if you agree to some limited
custody... I won't.
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My theory is if a judge opens this thing
up, there's a risk of full joint
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custody. How? We have a contract.
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I understand.
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But what if that contract doesn't hold
up?
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Are you suggesting, Ms. Garrett, this
was not a valid contract?
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I'm suggesting that there was no meeting
of the minds. It's the equivalent of a
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mistake. A mistake?
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Yes. Mr.
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Hale had no idea what he was giving up.
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Now, wait a second.
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Your Honor, this contract violates
public policy.
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There is no question that if my client
wanted to surrender a child for
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he couldn't do that legally until four
days after the child was born.
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Why is that?
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Because the law doesn't want parents
signing away their rights before they
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what's really at stake.
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Mr. Hale always knew exactly what was at
stake when... How can you make that
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claim? Because he executed a contract.
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Yes, and perhaps there should be a
presumption in favor of that agreement,
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it can't be irrebuttable.
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Not when you're talking about a child.
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And there will be a child if this very
much affects.
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And that's what's dawning on my client
here.
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His daughter will come to him one day,
like it or not, and she may ask why she
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didn't get to have a father.
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What is he supposed to do then?
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Hold up a contract?
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All right.
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I want to hear from the parties on this.
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Why?
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Because if Mr. Hale is claiming no
meeting of the minds, I want to explore
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exactly what they thought they were
agreeing to.
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Two o 'clock.
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Jimmy, please don't take this the wrong
way because I know you're here to
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support me and I really appreciate it,
but that was a horrible performance in
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there. If a contract is clear on its
face, which this one is, you do not go
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behind it to explore the intent of the
parties.
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There was nothing ambiguous in the
language, and you should have been
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that instead. Eleanor, this isn't an
ordinary contract. Yes, it is.
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Yes, it is.
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If you believe that, you're not thinking
clearly.
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Now, listen to me.
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That judge was not about to rule on the
face of the language.
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Not when it involves a child.
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He's taking into account best interests.
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You know it as well as I do.
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Fine.
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Then I want to go after Michael as
unfit.
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With what?
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I'll tell you what.
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We are looking into it, I assure you.
You're looking into it? How do you lose
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patient? It's possible that she could
have been brought to another patient's
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room who also has the name Washington.
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And we're checking that out now.
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What are the other possibilities?
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Well, she could have regained
consciousness.
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She could be roaming around the
building. Would she be strong enough?
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Well, she'd be weak, but she had no
injuries that would prevent her from
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ambulatory.
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Hello. I'm Natalie Clarkson from Patient
Relations. There's a problem?
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Yes, there's a problem. You've lost my
daughter.
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00:13:06,220 --> 00:13:08,380
Okay, and she was last seen where?
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She was last seen unconscious.
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00:13:10,760 --> 00:13:14,380
Helene... They've lost Rebecca, Bobby,
and now they send someone from customer
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service?
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You have lost my daughter, who is in a
coma.
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What are you two whispering about?
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There is another Washington, a Regina
Washington, who is currently... What
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is she in?
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Well, she's listed as being in surgery
right now.
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She's having her kidney removed.
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00:13:41,780 --> 00:13:42,779
Hey, Luce.
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00:13:42,780 --> 00:13:43,780
Helen.
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00:13:46,100 --> 00:13:47,700
Hi, Amanda. How are you doing?
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00:13:48,120 --> 00:13:49,120
I'm okay.
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00:13:49,340 --> 00:13:50,940
Amanda, this is Helen Gamble.
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She's a district attorney.
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She's gonna get the guy who did this to
you.
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00:13:55,400 --> 00:13:58,600
I heard you talked a little bit to the
police. Can I speak to you, too?
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Your dad said it would be okay if I
asked you some questions.
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00:14:03,080 --> 00:14:04,080
We can trust her.
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She's here to help.
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Good news is we caught him. At least I'm
pretty sure of it.
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00:14:11,120 --> 00:14:17,980
What I was wondering is... I was
wondering whether you'd be able to look
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what we call a police lineup.
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What's that?
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Well, you look at five men standing side
by side and you point to the man who
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did it.
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If you see him.
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00:14:29,120 --> 00:14:32,360
No. Well, Amanda... No, I don't want to
see him.
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00:14:33,500 --> 00:14:35,240
Let me talk to Miss Gamble one second.
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00:14:42,880 --> 00:14:47,500
Does she have to? The rape kit turned up
nothing. No semen, no DNA.
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00:14:47,840 --> 00:14:50,480
This whole case comes down to eyewitness
testimony.
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00:14:51,150 --> 00:14:52,970
So what, it would be her word against
his?
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00:14:53,270 --> 00:14:56,670
No, we have another eyewitness. A woman
saw it from a balcony.
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00:14:57,430 --> 00:14:58,650
Can't you just rest on that?
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00:14:58,950 --> 00:15:03,290
Yes, but the truth is, if Amanda IDs him
now in a lineup, our case gets better.
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00:15:03,830 --> 00:15:06,030
And she's more likely to ID him at
trial.
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00:15:07,150 --> 00:15:09,630
I don't think she's strong enough
emotionally to see him.
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I really don't.
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00:15:12,470 --> 00:15:14,930
I'll push it through arraignment. We'll
see how it goes.
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00:15:16,530 --> 00:15:17,530
Thank you.
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00:15:20,910 --> 00:15:24,950
College Football Saturday, presented by
Kyocera. Returns August 24th to Fox
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Sportsnet.
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00:15:26,730 --> 00:15:29,730
There just wasn't any room in my life
for a family.
253
00:15:30,010 --> 00:15:36,610
As a photojournalist, I'm always leaving
for Bosnia or Vietnam, you name it.
254
00:15:36,850 --> 00:15:38,910
I never even considered having a child.
255
00:15:39,170 --> 00:15:44,070
Until Miss Freud asked for your help. I
knew she wanted a baby. When she
256
00:15:44,070 --> 00:15:47,590
approached me to be the donor, it just
felt right.
257
00:15:48,560 --> 00:15:50,380
And I knew how great she'd be with a
child.
258
00:15:50,880 --> 00:15:57,560
And I thought if I could do that for
her, give her that chance, how could
259
00:15:57,560 --> 00:15:58,319
be wrong?
260
00:15:58,320 --> 00:15:59,600
You signed an agreement.
261
00:16:00,140 --> 00:16:03,420
Yes. Relinquishing your rights as a
father to this child.
262
00:16:03,820 --> 00:16:05,500
All I can say is I made a mistake.
263
00:16:06,280 --> 00:16:09,260
I wanted it to work. I signed the
contract thinking it would.
264
00:16:09,620 --> 00:16:12,920
But this isn't some abstract gift I can
give.
265
00:16:13,620 --> 00:16:14,620
It's a child.
266
00:16:16,270 --> 00:16:19,750
My child, who deserves to grow up with
the love of her father.
267
00:16:21,090 --> 00:16:23,950
When you negotiated this agreement, did
you have a lawyer?
268
00:16:24,290 --> 00:16:27,590
Yes. You intended to give up your rights
to this child.
269
00:16:28,110 --> 00:16:31,510
Yes, but as I said... And now you want
the court to disregard your intent.
270
00:16:31,890 --> 00:16:37,390
I'm asking that my current intent be
given more weight, especially since it
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00:16:37,390 --> 00:16:39,370
serves the best interest of this child.
272
00:16:39,710 --> 00:16:44,250
Let's consider, then, the interests of
your son, Mr. Hale, the one who's seven
273
00:16:44,250 --> 00:16:45,450
years old. Objection.
274
00:16:46,069 --> 00:16:47,530
Overruled. What son is this?
275
00:16:47,910 --> 00:16:53,870
Mr. Hale, seven years ago, a girlfriend
of yours had a child. I was young.
276
00:16:54,390 --> 00:16:56,290
I wasn't ready to act like a father.
277
00:16:56,490 --> 00:16:58,750
But now you are. Yes, now I am.
278
00:16:59,010 --> 00:17:01,430
Are you being a father to this seven
-year -old boy?
279
00:17:03,490 --> 00:17:04,810
No. Why not?
280
00:17:05,130 --> 00:17:07,329
You don't think he needs the love of his
father?
281
00:17:08,030 --> 00:17:11,810
Objection. Overruled. Have you even met
that son, Mr. Hale?
282
00:17:12,069 --> 00:17:15,010
Look, I lost the chance to know my son.
283
00:17:15,909 --> 00:17:18,810
I can't just walk up to a seven -year
-old kid and introduce myself.
284
00:17:20,750 --> 00:17:23,770
But here, I have a chance to be there
from the start.
285
00:17:23,990 --> 00:17:28,109
Ever tell my client you could never be
responsible enough to raise a child?
286
00:17:28,990 --> 00:17:32,570
I once thought that, but I... Oh, you
changed your mind on that, too. People
287
00:17:32,570 --> 00:17:36,850
mature, Mr. Berluti. Is breaking a
contract a sign of maturity?
288
00:17:37,290 --> 00:17:38,950
Have you ever been a father, sir?
289
00:17:39,170 --> 00:17:40,530
No, but you have.
290
00:17:40,960 --> 00:17:42,680
Seven years ago, you failed.
291
00:17:42,920 --> 00:17:44,040
You're still failing.
292
00:17:44,580 --> 00:17:48,840
Objection. Overruled. And now you put
this woman under stress while she's
293
00:17:48,840 --> 00:17:50,900
months pregnant. That's not my intent.
294
00:17:51,260 --> 00:17:52,260
You know your intent.
295
00:17:52,820 --> 00:17:53,820
Objection. Withdrawn.
296
00:17:54,460 --> 00:17:58,840
How many months a year are you in town,
Mr. Hale? I am willing to adjust my
297
00:17:58,840 --> 00:18:00,740
lifestyle to be here more.
298
00:18:01,000 --> 00:18:05,680
You have a girlfriend, sir? I do. How
old is she? What relevance does her
299
00:18:05,680 --> 00:18:09,400
The witness has suggested that he's
growing up. How old is your girlfriend,
300
00:18:10,830 --> 00:18:11,830
She's 20.
301
00:18:12,270 --> 00:18:13,910
Ever been convicted of anything?
302
00:18:14,630 --> 00:18:18,290
Objection. Whether he has a record, I
think, speaks to his fitness as a
303
00:18:18,550 --> 00:18:19,550
Not alone.
304
00:18:19,710 --> 00:18:21,670
Ever been convicted of anything, sir?
305
00:18:22,970 --> 00:18:24,530
Yes. Drugs?
306
00:18:25,350 --> 00:18:26,350
Possession of marijuana.
307
00:18:26,710 --> 00:18:30,430
Are you a pothead? No, I'm not. But you
smoke dope. I have used it
308
00:18:30,430 --> 00:18:32,650
recreationally, very occasionally.
309
00:18:33,070 --> 00:18:36,550
But you've probably changed your mind
about that now, right?
310
00:18:43,500 --> 00:18:44,500
It wasn't her.
311
00:18:44,980 --> 00:18:46,880
So wherever she is, she's still got both
kidneys.
312
00:18:49,380 --> 00:18:50,380
Not a funny joke.
313
00:18:50,680 --> 00:18:51,680
May I ask a question?
314
00:18:51,780 --> 00:18:52,900
Has this happened before?
315
00:18:53,560 --> 00:18:55,240
Not often, but it has happened.
316
00:18:56,260 --> 00:18:57,600
We're searching radiology.
317
00:18:57,920 --> 00:19:01,200
After that, we're going through every
floor, every room. Who took her?
318
00:19:01,620 --> 00:19:03,480
Somebody had to wheel her out of the CAT
scan.
319
00:19:03,840 --> 00:19:07,620
Yes, the escort who was to bring Rebecca
back to the ICU finished work at noon.
320
00:19:08,160 --> 00:19:09,980
We haven't been able to find him either.
321
00:19:10,420 --> 00:19:12,380
He's not at home. He doesn't have a
cell.
322
00:19:13,730 --> 00:19:15,950
Look, obviously, I can't excuse this.
323
00:19:16,250 --> 00:19:20,670
All I can say, I know she's somewhere in
the building and we'll find her.
324
00:19:48,540 --> 00:19:54,160
nothing beneath you sir you're
represented by counsel we have been
325
00:19:54,160 --> 00:19:59,220
friends most of our adult lives and you
attack me like that for what legal
326
00:19:59,220 --> 00:20:06,000
strategy you think that was legal
strategy i'm protecting
327
00:20:06,000 --> 00:20:08,000
my daughter
328
00:20:38,540 --> 00:20:41,020
Case number 3216, Commonwealth v.
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00:20:41,240 --> 00:20:42,240
Bruce Wilson.
330
00:20:42,340 --> 00:20:44,040
Rape of a minor under the age of 12.
331
00:20:44,460 --> 00:20:48,120
Joshua Passman for the defense, Your
Honor. We waive reading. We'd be seeking
332
00:20:48,120 --> 00:20:49,260
personal recognizance.
333
00:20:49,480 --> 00:20:52,020
Opposed? My client has strong roots in
this community.
334
00:20:52,240 --> 00:20:56,060
No job, lives in a housing project. We
consider him dangerous as well as a
335
00:20:56,060 --> 00:20:56,899
flight risk.
336
00:20:56,900 --> 00:20:57,900
Bail is denied.
337
00:20:57,940 --> 00:20:59,060
Move for a probable cause.
338
00:20:59,360 --> 00:21:02,460
Tomorrow morning, 10 o 'clock. Your
Honor, I haven't yet spoke with our
339
00:21:02,540 --> 00:21:03,540
Why are you filing charges?
340
00:21:07,570 --> 00:21:09,670
Confer with your witness and we'll see
you back here tomorrow.
341
00:21:16,530 --> 00:21:19,210
Ms. Gamble, I'm Amanda's father.
342
00:21:20,210 --> 00:21:22,750
Oh, I'm very sorry.
343
00:21:23,890 --> 00:21:24,890
What's going to happen?
344
00:21:25,590 --> 00:21:28,690
Well, we have a probable cause hearing,
so I need to find the woman who
345
00:21:28,690 --> 00:21:29,690
witnessed it. She's right there.
346
00:21:36,919 --> 00:21:38,700
Michael and I have been friends for a
long time.
347
00:21:39,280 --> 00:21:46,060
I chose him as a donor because I liked
him, for genetic reasons, and most of
348
00:21:46,060 --> 00:21:50,540
because I trusted him on his word. But
you don't want him as a co -parent.
349
00:21:51,140 --> 00:21:52,800
That's why we signed this agreement.
350
00:21:53,320 --> 00:21:55,580
Could you tell me your main objection?
351
00:21:56,160 --> 00:22:00,240
I don't believe I need a man in my life
to raise a happy, healthy daughter.
352
00:22:00,940 --> 00:22:05,960
There are a lot of single mothers today
who are doing whatever it takes to
353
00:22:05,960 --> 00:22:08,160
fulfill their responsibilities as a
parent.
354
00:22:08,520 --> 00:22:15,240
Moreover, if I were sharing those
responsibilities with a man, I never
355
00:22:15,240 --> 00:22:18,780
have chosen Michael Hale. Why don't you
want him to participate?
356
00:22:19,160 --> 00:22:20,500
Because I'm not in love with him.
357
00:22:21,060 --> 00:22:26,360
And he doesn't love me. And now, I don't
trust him.
358
00:22:27,020 --> 00:22:32,400
I got pregnant. I changed my life based
on promises he broke.
359
00:22:33,120 --> 00:22:37,820
And if we were forced together as co
-parents, our entire relationship would
360
00:22:37,820 --> 00:22:38,900
grounded in betrayal.
361
00:22:39,120 --> 00:22:43,880
And that mistrust would most definitely
harm this child.
362
00:22:44,460 --> 00:22:49,580
But is it better for the child to lose
contact with her father? In this case,
363
00:22:49,580 --> 00:22:54,160
yes. It would be better for my daughter
to have one loving parent.
364
00:22:54,730 --> 00:22:58,930
than to be thrown into a situation that
is already filled with tension and
365
00:22:58,930 --> 00:23:01,370
acrimony. Are you suggesting Mr.
366
00:23:01,570 --> 00:23:03,130
Hale is unfit to be a father?
367
00:23:04,130 --> 00:23:05,690
How can I trust him to?
368
00:23:06,130 --> 00:23:11,990
Look at his history. Look at how he's
behaved here. This is as irresponsible
369
00:23:11,990 --> 00:23:12,990
it is arbitrary.
370
00:23:13,510 --> 00:23:16,290
I am eight months pregnant. I'm in
court.
371
00:23:16,570 --> 00:23:21,930
He has put me under stress, put the baby
under stress, all on his sudden whim
372
00:23:21,930 --> 00:23:23,830
that he wants to be involved.
373
00:23:24,810 --> 00:23:29,670
Well, if you agreed to let him parent,
you wouldn't be in court. Your Honor, he
374
00:23:29,670 --> 00:23:32,870
may be well -intentioned, but what's his
real motivation?
375
00:23:34,730 --> 00:23:39,250
Who's to say this isn't about guilt over
abandoning a son, about redemption,
376
00:23:39,410 --> 00:23:43,330
about himself rather than any real
desire to be a father?
377
00:23:45,890 --> 00:23:48,750
So you don't need a man to help you
raise a child.
378
00:23:49,110 --> 00:23:51,370
Are you currently with a man, Ms. Frutt?
379
00:23:51,710 --> 00:23:55,770
No. If you were currently involved with
a man, would you still be having a child
380
00:23:55,770 --> 00:23:56,770
as a single parent?
381
00:23:56,990 --> 00:23:57,990
I don't know, Miss Garrett.
382
00:23:58,150 --> 00:24:02,370
If I was sharing my life with a man, I
would likely expect him to be a part of
383
00:24:02,370 --> 00:24:03,370
this decision.
384
00:24:03,630 --> 00:24:07,030
But I was not involved with anybody at
the time that I made this contract.
385
00:24:07,610 --> 00:24:11,370
I was not involved with your client, nor
am I involved with anybody now.
386
00:24:12,190 --> 00:24:15,650
I would never have chosen to have a
child with him.
387
00:24:16,150 --> 00:24:17,150
Miss Front.
388
00:24:17,560 --> 00:24:22,720
If you were convinced that Mr. Hale
would in fact be a model father, would
389
00:24:22,720 --> 00:24:23,720
change your position?
390
00:24:25,460 --> 00:24:26,460
No.
391
00:24:27,540 --> 00:24:30,980
Because I'm not in love with him. And I
never... I understand.
392
00:24:31,700 --> 00:24:32,740
But let's be fair.
393
00:24:33,620 --> 00:24:38,760
Then you are talking about what you
want, not necessarily the best interests
394
00:24:38,760 --> 00:24:39,419
the child.
395
00:24:39,420 --> 00:24:40,820
I don't accept that, Your Honor.
396
00:24:41,520 --> 00:24:45,740
Because I don't accept your hypothetical
that he could ever be a model parent.
397
00:24:46,330 --> 00:24:50,650
You consider yourself an authority on
parenthood? I consider myself an
398
00:24:50,650 --> 00:24:51,649
on my child.
399
00:24:51,650 --> 00:24:56,010
Are you aware of studies, including one
from the U .S. Justice Department, that
400
00:24:56,010 --> 00:25:00,250
show children from single -parent homes
are more likely to drop out of school,
401
00:25:00,330 --> 00:25:03,510
more likely to commit crimes? Most of
those studies are pertaining to
402
00:25:03,510 --> 00:25:04,670
impoverished families.
403
00:25:05,190 --> 00:25:07,110
I have financial means.
404
00:25:07,370 --> 00:25:08,970
Yes, because you work.
405
00:25:09,210 --> 00:25:10,650
Plan to continue working?
406
00:25:10,930 --> 00:25:13,950
Yes. When do you plan to go back to
work, Ms. Fratt?
407
00:25:14,370 --> 00:25:15,370
I'm not sure.
408
00:25:15,710 --> 00:25:17,450
Within three years? Yes.
409
00:25:17,950 --> 00:25:22,570
Are you aware of the studies showing
that the child's attachment to the
410
00:25:22,570 --> 00:25:26,530
mother can be significantly harmed? I'm
aware of the studies that reject that
411
00:25:26,530 --> 00:25:31,190
position. Some even say a child can
benefit from their experience at a
412
00:25:31,350 --> 00:25:35,410
Do you plan to put the child in daycare?
I will not be cross -examined on
413
00:25:35,410 --> 00:25:39,710
whether or not... Ms. Frutt, if you go
back to work full -time, you won't be
414
00:25:39,710 --> 00:25:41,010
only primary caregiver.
415
00:25:41,990 --> 00:25:44,490
Who will help you? I plan to hire.
416
00:25:44,960 --> 00:25:45,960
You haven't yet?
417
00:25:46,120 --> 00:25:48,440
No, because I haven't needed to yet.
418
00:25:48,820 --> 00:25:54,100
So we don't know who this other primary
caregiver will be. You just don't want
419
00:25:54,100 --> 00:25:58,040
it to be her father. He is not the
father. He is a sperm donor.
420
00:25:58,420 --> 00:26:03,460
Okay. Are you aware of the U .S.
Department of Education report that says
421
00:26:03,460 --> 00:26:06,260
children do better in schools when their
fathers are involved?
422
00:26:06,500 --> 00:26:10,420
Well, I would be very surprised if that
study embraced non -resident fathers.
423
00:26:10,640 --> 00:26:13,900
Well, it did, but my question was, did
you even read the study?
424
00:26:15,320 --> 00:26:21,260
No. So what studies on single parenting
did you rely on before deciding to
425
00:26:21,260 --> 00:26:22,340
become a single mother?
426
00:26:22,980 --> 00:26:27,860
Are you aware, for example, that single
parent children are more likely to be
427
00:26:27,860 --> 00:26:33,320
antisocial, more likely to suffer from
anxiety, depression, hyperactivity, are
428
00:26:33,320 --> 00:26:37,620
more likely to need psychiatric care,
are more likely to commit suicide as a
429
00:26:37,620 --> 00:26:41,040
teenager, more likely to drop out of
school? More likely than who?
430
00:26:41,690 --> 00:26:43,790
Children of married, intact parents?
431
00:26:44,030 --> 00:26:47,270
What about divorced parents? Are their
children more likely? So you are an
432
00:26:47,270 --> 00:26:48,270
authority.
433
00:26:48,810 --> 00:26:51,610
Do you know the statistics, Ms. Front?
434
00:26:51,850 --> 00:26:53,670
I know all the risks.
435
00:26:54,060 --> 00:26:54,859
Miss Garrett.
436
00:26:54,860 --> 00:26:58,580
And you simply decided to assume them on
behalf of your daughter in her best
437
00:26:58,580 --> 00:27:03,060
interest. Objection. This is badgering.
It is no such thing. I am merely trying
438
00:27:03,060 --> 00:27:07,060
to ascertain whether the witness knows
of these studies, knows of these
439
00:27:07,060 --> 00:27:11,620
statistics. As she boldly claims, she
knows what's best for her daughter. I
440
00:27:11,620 --> 00:27:13,880
I am not a statistic fighting to
survive.
441
00:27:14,700 --> 00:27:16,040
I have choices.
442
00:27:17,200 --> 00:27:21,780
And I know my daughter would be better
off without your client as a co -parent.
443
00:27:22,380 --> 00:27:26,920
Because you make no room for the
possibility that he can change. And you
444
00:27:26,920 --> 00:27:30,580
want to give him the chance to change,
do you, Ms. Freud? Because it's not what
445
00:27:30,580 --> 00:27:31,580
you want.
446
00:27:32,800 --> 00:27:34,240
Please say it for the record.
447
00:27:35,040 --> 00:27:38,500
Because one day, your daughter may want
to read it.
448
00:27:55,920 --> 00:27:57,060
Well, hello there.
449
00:27:59,100 --> 00:28:00,100
Where am I?
450
00:28:00,620 --> 00:28:02,200
Not Las Vegas, tell you that.
451
00:28:04,400 --> 00:28:05,400
What happened?
452
00:28:05,940 --> 00:28:09,300
What happened? You need to ask what
happened? You had a baby.
453
00:28:11,180 --> 00:28:12,580
What do you mean I had a baby?
454
00:28:13,260 --> 00:28:18,520
You had a little baby girl. Seven
pounds, two ounces. A beautiful little
455
00:28:19,600 --> 00:28:20,900
What are you talking about?
456
00:28:21,380 --> 00:28:24,960
Maybe you better lie back down. No, you
lie back down. I didn't have a baby.
457
00:28:25,710 --> 00:28:27,850
I was blown up. That's what I was.
458
00:28:28,610 --> 00:28:29,610
What's wrong?
459
00:28:29,710 --> 00:28:32,670
It says she didn't have a baby. She was
blown up.
460
00:28:33,390 --> 00:28:37,210
I know how you feel. My first child
until they gave me the epidural.
461
00:28:37,430 --> 00:28:41,850
I didn't have a baby. What's wrong with
you people? Can I get a phone? I did not
462
00:28:41,850 --> 00:28:44,110
have a baby. Can we make a call for you?
Yes.
463
00:28:44,790 --> 00:28:49,130
Bobby Donald, 753. I know Bobby Donald.
He had a baby, too.
464
00:28:51,230 --> 00:28:52,690
Where the hell am I?
465
00:28:52,990 --> 00:28:55,870
Some rubber room or something. I was
blown up. I didn't have a baby.
466
00:28:56,210 --> 00:28:57,950
Roberta, you need to calm down.
467
00:28:58,150 --> 00:29:00,090
My name is not Roberta. It's Rebecca.
468
00:29:00,330 --> 00:29:04,790
I was never pregnant. I didn't have a
baby. I never had a baby. I don't want a
469
00:29:04,790 --> 00:29:06,950
baby. Can you get that through your baby
happy head?
470
00:29:07,610 --> 00:29:09,650
Yes. You were blown up.
471
00:29:10,550 --> 00:29:11,810
This is the missing patient.
472
00:29:12,150 --> 00:29:13,150
Your name is Rebecca?
473
00:29:13,850 --> 00:29:14,850
Yes.
474
00:29:15,370 --> 00:29:17,070
Single. Without child.
475
00:29:18,970 --> 00:29:20,270
This is the missing patient.
476
00:29:34,120 --> 00:29:39,220
And after he ran off, I took her and her
father to the hospital.
477
00:29:40,980 --> 00:29:42,720
Are you sure about the man you saw?
478
00:29:43,740 --> 00:29:44,740
Yes.
479
00:29:45,560 --> 00:29:46,640
He lives in the building.
480
00:29:47,720 --> 00:29:48,720
I know who he is.
481
00:29:50,140 --> 00:29:51,940
Miss Tritter, I smell alcohol.
482
00:29:53,420 --> 00:29:54,420
Have you been drinking?
483
00:29:55,200 --> 00:29:56,280
I've had a few beers.
484
00:29:58,020 --> 00:29:59,020
It's been a day.
485
00:30:00,240 --> 00:30:02,680
At the time you saw the rape, were you
drinking then?
486
00:30:03,600 --> 00:30:04,600
Two beers?
487
00:30:07,060 --> 00:30:10,380
Our probable cause hearing is at 10 a
.m. tomorrow.
488
00:30:11,000 --> 00:30:13,300
I prefer you not drink before that.
489
00:30:14,820 --> 00:30:15,820
Okay.
490
00:30:19,420 --> 00:30:24,840
Dr. Lenchel, CICU. Dr. Lenchel, CICU.
Rebecca?
491
00:30:25,300 --> 00:30:27,900
Mom. Are you all right?
492
00:30:28,180 --> 00:30:29,620
I don't know.
493
00:30:29,960 --> 00:30:33,380
Everybody keeps telling me I had a baby
and that Bobby had a baby. I don't know
494
00:30:33,380 --> 00:30:38,020
what's going on. There was a Roberta
Washington who checked out. Rebecca, I'm
495
00:30:38,020 --> 00:30:39,020
Dr. Emmerich.
496
00:30:39,040 --> 00:30:40,880
Can I just look in your eyes for a
second?
497
00:30:41,100 --> 00:30:42,100
It's a miracle.
498
00:30:42,220 --> 00:30:47,240
I don't know what happened. I mean, I
remember some explosion, and then these
499
00:30:47,240 --> 00:30:49,340
wackos keep telling me everybody's
having babies.
500
00:30:49,820 --> 00:30:52,180
Like, Lindsay and I did have a baby.
501
00:30:52,640 --> 00:30:53,640
A little boy.
502
00:30:54,520 --> 00:30:55,800
Robert Gordon Donnell.
503
00:30:57,000 --> 00:30:58,020
You had a baby?
504
00:31:03,240 --> 00:31:04,240
Did I?
505
00:31:11,460 --> 00:31:12,460
How's it going?
506
00:31:14,280 --> 00:31:17,020
Well, I'm studying up.
507
00:31:18,080 --> 00:31:19,080
I'll be ready.
508
00:31:22,120 --> 00:31:23,200
Am I being selfish?
509
00:31:24,500 --> 00:31:25,500
No.
510
00:31:25,980 --> 00:31:27,300
What's best for that baby?
511
00:31:30,980 --> 00:31:31,980
Not him.
512
00:31:32,439 --> 00:31:33,580
Then that's the answer.
513
00:31:34,840 --> 00:31:35,840
Period.
514
00:31:40,100 --> 00:31:41,100
Thank you.
515
00:31:55,100 --> 00:31:59,000
And when I looked down from the window,
that's when I saw him.
516
00:31:59,320 --> 00:32:00,400
Him being...
517
00:32:01,040 --> 00:32:04,260
That man, he was raping the girl.
518
00:32:04,700 --> 00:32:06,200
Are you sure it was him?
519
00:32:07,220 --> 00:32:08,220
Positive.
520
00:32:08,920 --> 00:32:10,000
Thank you, Miss Tritter.
521
00:32:14,500 --> 00:32:15,500
No questions.
522
00:32:16,080 --> 00:32:17,520
You can step down, ma 'am.
523
00:32:18,880 --> 00:32:22,380
Miss Gamble, it's thin, but I'm finding
probable cause.
524
00:32:22,760 --> 00:32:27,360
Defendant is bound over for trial, and
trial is scheduled for March 12th.
525
00:32:27,380 --> 00:32:30,120
Defendant goes back into custody. We're
adjourned.
526
00:32:31,360 --> 00:32:36,220
Miss Jamel, can I talk to you?
527
00:32:36,780 --> 00:32:37,780
Sure.
528
00:32:41,660 --> 00:32:44,460
Will my drinking have to come up at the
trial?
529
00:32:45,740 --> 00:32:46,740
Yes, Miss Tritter.
530
00:32:47,380 --> 00:32:48,380
You can call me Michelle.
531
00:32:49,120 --> 00:32:54,120
Michelle, it will definitely come up at
trial. The defendant's lawyer is going
532
00:32:54,120 --> 00:32:56,220
to try to discredit you with your
drinking.
533
00:32:56,820 --> 00:32:58,860
I've seen stuff on the news about this
already.
534
00:33:00,590 --> 00:33:05,330
I just recently met a guy, and I'm also
trying to get a job, you know?
535
00:33:06,170 --> 00:33:10,010
If he makes me out this big alcoholic...
Listen, I won't lie to you.
536
00:33:10,470 --> 00:33:11,470
It'll be rough.
537
00:33:11,690 --> 00:33:13,630
You're basically our entire case.
538
00:33:14,090 --> 00:33:15,150
What about the girl?
539
00:33:15,530 --> 00:33:18,370
Well, she's not in the best emotional
shape right now.
540
00:33:20,290 --> 00:33:21,750
I really need you, Michelle.
541
00:33:36,330 --> 00:33:42,790
There is simply no basis whatsoever for
denying Michael Hale some limited
542
00:33:42,790 --> 00:33:49,530
custody. Every study has shown
undeniably the child's psychological
543
00:33:49,530 --> 00:33:52,270
is best served with a connection to the
father.
544
00:33:52,690 --> 00:33:59,050
For young children, it affects cognitive
development, social competence, the
545
00:33:59,050 --> 00:34:00,470
ability to trust.
546
00:34:00,930 --> 00:34:05,150
Some studies have even linked the
father's involvement to a higher IQ.
547
00:34:06,090 --> 00:34:11,230
Paternal involvement during middle
childhood has been known to have a
548
00:34:11,230 --> 00:34:12,750
effect on school success.
549
00:34:13,210 --> 00:34:18,250
Your Honor, these studies are as
sobering as they are unanimous.
550
00:34:18,909 --> 00:34:24,270
Fatherless kids are more susceptible to
depression, more likely to commit
551
00:34:24,270 --> 00:34:31,250
crimes, to drop out of school, to commit
suicide, 11 times more likely
552
00:34:31,250 --> 00:34:34,449
to be violent, more likely to abuse
drugs.
553
00:34:35,790 --> 00:34:40,110
Does this mean a single mother can't
successfully raise a child?
554
00:34:40,550 --> 00:34:41,750
Of course not.
555
00:34:42,190 --> 00:34:43,810
It happens a lot.
556
00:34:44,510 --> 00:34:50,590
And to be fair, studies also show that
parental conflict can have a negative
557
00:34:50,590 --> 00:34:56,389
impact. But the likelihood is that this
child will be better off with a
558
00:34:56,389 --> 00:34:57,790
connection to her dad.
559
00:34:58,570 --> 00:35:02,910
All we're asking for is that he be
allowed to be involved.
560
00:35:04,010 --> 00:35:10,330
With virtually every study, every child
psychologist concurring that this is in
561
00:35:10,330 --> 00:35:14,850
the best interest of the child, how can
Ms. Frutt say no?
562
00:35:15,090 --> 00:35:19,290
How can she not be willing to even give
Michael Hale a chance?
563
00:35:19,690 --> 00:35:25,750
If he's willing to adjust his work, to
change his lifestyle, if he's
564
00:35:25,750 --> 00:35:32,290
matured and he's ready to accept
responsibility, Eleanor Frutt.
565
00:35:33,090 --> 00:35:37,290
Doesn't want to give him that chance
because she wants to maintain complete
566
00:35:37,290 --> 00:35:39,030
control over that baby.
567
00:35:39,470 --> 00:35:44,870
And even if Michael Hale were the
perfect father, she would hold fast to
568
00:35:44,870 --> 00:35:45,870
position.
569
00:35:46,190 --> 00:35:48,210
That is a selfish position.
570
00:35:48,490 --> 00:35:54,210
It has absolutely nothing to do with the
best interests of this baby.
571
00:36:08,170 --> 00:36:10,350
Let me. Let me. I want... Eleanor, sit.
572
00:36:23,410 --> 00:36:24,970
I read all those studies.
573
00:36:25,370 --> 00:36:27,270
I spoke with several experts.
574
00:36:27,750 --> 00:36:29,070
And Miss Garrett's right.
575
00:36:29,630 --> 00:36:32,590
Better the child have some connection to
her father.
576
00:36:33,070 --> 00:36:36,230
Better he be involved in her life right
from the start.
577
00:36:37,180 --> 00:36:38,700
That's the best -case scenario.
578
00:36:39,520 --> 00:36:42,760
But that scenario wasn't available to
Eleanor Freud.
579
00:36:43,320 --> 00:36:44,580
She wasn't with the man.
580
00:36:45,000 --> 00:36:49,660
She decided she wanted to be a single
parent, so she went to a friend and
581
00:36:49,660 --> 00:36:50,720
him to be a donor.
582
00:36:51,380 --> 00:36:55,760
She never would have done so had there
been a condition of his parental
583
00:36:55,760 --> 00:36:57,500
involvement. Never.
584
00:36:58,560 --> 00:37:03,080
All these studies, none of them apply to
this particular situation.
585
00:37:04,430 --> 00:37:08,390
As for the best interest of this
particular child, yes.
586
00:37:08,710 --> 00:37:14,530
We maintain she is better off with
Eleanor acting as a single parent.
587
00:37:14,530 --> 00:37:17,690
without Mr. Hale. He failed with his
son.
588
00:37:18,050 --> 00:37:21,910
He's never exercised any real degree of
maturity or responsibility.
589
00:37:22,630 --> 00:37:28,870
There are plenty of studies to show the
damage caused to a child when a bond is
590
00:37:28,870 --> 00:37:31,470
broken once a parent takes off.
591
00:37:31,690 --> 00:37:33,090
We maintain...
592
00:37:33,520 --> 00:37:38,720
It's a risk, letting this baby become
emotionally attached to Mr. Hale.
593
00:37:39,580 --> 00:37:42,520
Ms. Garrett says, why not try? Let's
just see.
594
00:37:42,940 --> 00:37:43,940
What's the harm?
595
00:37:44,240 --> 00:37:47,560
Well, it does do harm in failure.
596
00:37:48,180 --> 00:37:50,140
There are studies to show that.
597
00:37:51,440 --> 00:37:56,300
Eleanor Frutt is the only person who can
be trusted with this child's welfare.
598
00:37:56,800 --> 00:37:59,200
She's the only one who's earned that
trust.
599
00:38:00,080 --> 00:38:05,260
We don't let sperm donors from sperm
banks across the country. We don't let
600
00:38:05,260 --> 00:38:10,680
change their minds. Start requesting DNA
tests so they can track down their
601
00:38:10,680 --> 00:38:13,560
offspring and insert themselves into the
kids lives.
602
00:38:14,060 --> 00:38:19,140
He's looking for special treatment just
because he knows where his sperm went.
603
00:38:19,840 --> 00:38:21,580
A deal was made.
604
00:38:22,510 --> 00:38:27,950
Michael Hale has made no demonstration
with his past or present behavior that
605
00:38:27,950 --> 00:38:32,150
his involvement as a parent would run to
the benefit of this child.
606
00:38:33,250 --> 00:38:38,530
Accordingly, I would ask the court not
to overturn the rights of my client
607
00:38:38,530 --> 00:38:43,450
pursuant to this valid, legally
enforceable contract.
608
00:38:54,920 --> 00:38:56,120
Why can't it just be over?
609
00:38:56,840 --> 00:38:58,280
I want it to be over.
610
00:38:58,900 --> 00:39:04,700
Honey, all they need is for you to
testify as to what happened and who did
611
00:39:05,620 --> 00:39:06,620
Please, Daddy.
612
00:39:07,380 --> 00:39:10,400
Look, we don't have to talk about this
right now.
613
00:39:12,340 --> 00:39:14,200
Hey, how's it going?
614
00:39:14,880 --> 00:39:15,880
You tell us.
615
00:39:16,760 --> 00:39:18,480
Could I talk to you outside for a
second?
616
00:39:20,270 --> 00:39:25,230
All I have is an eyewitness from a
considerable distance who was probably
617
00:39:25,230 --> 00:39:26,230
the influence.
618
00:39:26,250 --> 00:39:32,170
Even with your daughter testifying, I...
She's easily shakable, Mr. McGowan.
619
00:39:32,690 --> 00:39:33,850
What are you telling me?
620
00:39:34,810 --> 00:39:36,070
It doesn't look good.
621
00:39:38,590 --> 00:39:40,290
He lives in our building.
622
00:39:43,030 --> 00:39:45,390
You have to get him, Ms. Gamble.
623
00:39:45,930 --> 00:39:47,870
He lives in our building.
624
00:39:48,540 --> 00:39:50,040
You can't lose this bastard.
625
00:39:55,900 --> 00:39:56,980
All rise.
626
00:40:03,680 --> 00:40:04,700
Be seated.
627
00:40:13,140 --> 00:40:14,960
I've never had a case like this.
628
00:40:16,240 --> 00:40:17,600
There's contract law.
629
00:40:18,120 --> 00:40:20,280
And there's best interests of the child.
630
00:40:22,580 --> 00:40:26,900
As a matter of public policy, I have to
give the latter more weight.
631
00:40:27,560 --> 00:40:33,460
Ms. Frutt, all the prevailing studies
favor a child's connection with a
632
00:40:34,340 --> 00:40:39,960
While I don't doubt a single mother can
successfully raise a child, I don't
633
00:40:39,960 --> 00:40:44,340
think single parenting gives you or your
daughter an advantage.
634
00:40:45,660 --> 00:40:46,960
I certainly...
635
00:40:47,740 --> 00:40:49,840
Salute your resolve and fortitude.
636
00:40:50,760 --> 00:40:53,320
But I'm reminded of Penelope Leach's
words.
637
00:40:54,040 --> 00:40:59,020
Why is it socially reprehensible for a
man to leave a baby fatherless, but
638
00:40:59,020 --> 00:41:03,200
courageous or admirable for a woman to
have a baby whom she knows will be so?
639
00:41:05,580 --> 00:41:12,400
In looking at this particular case, I
don't know whether this child will be
640
00:41:12,400 --> 00:41:15,280
better served by Ms. Frott acting alone.
641
00:41:16,170 --> 00:41:18,170
or with Mr. Hale's involvement.
642
00:41:19,530 --> 00:41:23,290
It's crystal ball gazing, and I just
don't know.
643
00:41:24,610 --> 00:41:27,430
And I don't like to rule on statistical
probabilities.
644
00:41:30,570 --> 00:41:36,550
Without clear and convincing evidence,
I'm going to let the contract tip the
645
00:41:36,550 --> 00:41:37,550
scale.
646
00:41:38,830 --> 00:41:41,270
I find the agreement at issue here
valid.
647
00:41:42,470 --> 00:41:45,230
Plaintiff's legal rights as a father are
thereby terminated.
648
00:41:45,820 --> 00:41:49,600
The request to add Mr. Hale's name to
the birth certificate upon delivery is
649
00:41:49,600 --> 00:41:51,740
denied. And we are adjourned.
53330
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