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Lock your hands there.
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There we go.
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I
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talked
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to him. Anyway.
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It's Harry Fenwick. The cancer finally
took him.
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You're supposed to call us when you pick
up dead bodies, Sal. I was going to
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call from the metro. You're supposed to
call from the scene.
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You're getting calls from neighbors.
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We want that call from you.
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Suddenly such a show.
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Is there a problem?
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Sorry about this. It was a blessing,
really. He was in a lot of pain.
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Carla,
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I'm sorry.
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Thank you. He's with God now.
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Yes, he is.
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Excuse me.
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Call probate. Find out who inherits
what.
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Tell Carter to get to the mortuary.
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Take a look.
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What? Why?
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Because somebody's dead.
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Jimmy, he died of cancer. We check.
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Get a statement from the wife and the
son.
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Have Kenny run probate and tell Carter
to check the body out.
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You don't think that that's a little,
you know, insensitive?
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We're no longer a sensitive department,
Max.
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When somebody dies, we find out why and
we find out for sure.
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Like I said, there's a new sheriff.
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Not the old one.
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Please get out of my face. A man can't
even die of cancer without you.
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It is not routine for Carla Fenwick. The
car to call. There's needle marks on
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the guy's arm. Of course there are
needle marks. I was his doctor. He's on
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medication. Jimmy, since we're close
friends, let me say this in candor. I'll
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sue you for emotional distress and take
your house. The entire estate went to
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Carla. About $130 ,000.
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Here's the thing, though.
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Insurance only covered 60 % of his home
care.
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which means if Harry had lived another
four months, the estate would have been
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bankrupt.
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So technically, she did have a financial
motive, maybe.
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That's absolutely ridiculous. Tell
Carter to do an autopsy. What? Do it!
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Add two more zeros to the judgment!
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It was natural causes. I was there just
this morning. He was on death's door.
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Well, then it shouldn't be a problem,
right?
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You're hurting me.
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Why are you doing this?
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Why?
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Because people in this town end up in
freezers.
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Because things in this town are never
what they appear.
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And every time there's a surprise, this
sheriff's department looks stupid.
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Specifically me.
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Jimmy, the Fenwick family has just lost
a husband and a father to a very long
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and a very painful bout with cancer.
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Do you really want to impose your new
tough guy policy on them?
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He didn't die of cancer.
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What? Freezer. Quiet. Don't bait me
during my work.
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He died of a morphine overdose.
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Are you sure? Positive.
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The guy was on morphine because of pain,
Carter. Maybe he was... This was way
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beyond pain medication. He was being
pumped with more than 40 cc's per hour.
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was all through his blood.
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Could he have done this to himself?
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Not if he was as weak as everybody says
he was. Somebody had to do it to him.
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Um, I wasn't going to mention it, but
last Sunday at church, Carla was
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wishing that her husband would sort of,
uh, die.
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You weren't going to mention this?
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He was sick. She said it in compassion.
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Did he die by morphine?
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Yes, he did.
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Pick up Carla Fenwick. Bring in his son,
too.
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You have my orders.
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What? It's just for questioning. You
can't. You can't be serious.
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We don't mean to be arresting you or
nothing, reading your rights, but you
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probably shouldn't be saying nothing
either.
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We'll call Doug Wambaugh. He'll meet us
at the station. We'll ask some
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questions.
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Hopefully this will go away.
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In 41 years of practice, I've never
witnessed a bigger atrocity. Did you
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the morphine drip?
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Don't you answer that.
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Be quiet. I didn't hire you.
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The morphine was turned up to 40 cc's
with the full knowledge that it would
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Harry.
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This is a setback.
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Which one of you did it?
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Neither of us did it, Jimmy.
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The morphine was up by your wife.
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What do you want me to say?
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The truth.
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Did you do it?
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Yes, I did it.
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So what?
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It's done thousands of times every month
by doctors all over the country.
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Not legally, it isn't. Why didn't you
tell me, Jill? Because you didn't want
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hear it like you never want to hear it.
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And I knew that it would put you in an
awkward position as the sheriff.
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But how naive can you people possibly
pretend to be?
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Euthanasia is illegal, Dr. Brock. Well,
I certainly know that, Mr. Littleton.
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But in cancer cases with extreme
suffering, we customarily increase the
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level in order to relieve that
suffering, even though we know that that
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could possibly... Hold on, hold on.
That's good. Now, what you're saying is
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you increase the morphine to reduce his
pain.
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Unfortunately, by mistake...
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He suffered an overdose.
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Yes. Now, that's what I think happened.
You didn't intend for the man to die.
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You're just trying to make him more
comfortable.
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Is that your statement?
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Jill.
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No, that's not my statement.
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What happened was, I told the family...
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That I could raise the morphine level
and stop the pain.
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But in doing so, it would probably kill
him within six to eight hours.
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The family wanted to relieve his
suffering, and so I raised the morphine
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It was not... unforeseeable that he
died. I knew it would happen.
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That came out wrong. She didn't mean it
that way.
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I meant it exactly that way.
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This hypocrisy has gone too damn far.
When are we going to tell the truth?
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It's what doctors do in these
situations.
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Well, place her under arrest.
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What? Unless you misspoke.
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Was it an accident, Jill? Is that what
you're trying to say?
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Yes, she misspoke.
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No.
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I spoke the truth.
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That's under arrest.
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Um, you have the right to remain silent.
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Anything you say can and will be used
against you.
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I don't know why you have to be the
minor. Why do you have to investigate,
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Jimmy? Just change the damn thing. I
told you natural causes, but now you
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to do an autopsy. There's no time to
stand on principle, Jill.
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Jimmy. You can't be serious about
prosecuting. We have to bring her up on
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charges, all right? She flat out said
she killed him. I don't want... Listen
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me. Now, we'll arraign her, all right?
I'll agree to a plea bargain. We'll send
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her home with a suspended sentence. For
murder?
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No. Man slaughtered with extremely
mitigating circumstances.
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Now, Judge Bone happens to believe in
euthanasia. With a joint recommendation
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from the DA, I think we can sell
suspended.
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There's my wife.
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You picked a fine time to be a tough
sheriff, Jimmy.
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Case number 32222.
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The state of Wisconsin versus Dr.
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Jill Brock on the charge of voluntary
manslaughter. The Honorable Judge Henry
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Bone presiding.
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The court will come to order.
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Douglas Wambo for the defense.
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Your Honor, in the course of my
practice...
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I've represented a diverse group of
people, some better than others, but
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have I been privileged with a client
that so personifies what it means to be
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compassionate and the thought that she
could be charged with...
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I need a moment.
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Deny. You're not getting any moments.
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Question of bail?
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None, Your Honor. We agree to personal
recognizance.
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Defense stands ready for immediate trial
by jury.
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Actually, Your Honor, I'd like to confer
with counsel and offer a plea bargain.
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Failing that, the prosecution is ready
to proceed.
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Tomorrow morning, 10 o 'clock.
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Proffer a plea or we'll go to trial.
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Until then, everybody, get out.
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If you had told me I thought with a
possibility the wife did it for the
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thought... I would have to investigate.
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If I had known just... We've had this
discussion a zillion times.
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You've always said to me, if I ever help
a patient die, whatever I do, don't
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tell you about it.
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What's going to happen now?
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Littleton will recommend three years
suspended sentence. You won't have to go
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jail, but you will have manslaughter on
your record.
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Well, then maybe I should go to trial,
Jimmy.
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We all know the Rome juries. The dancing
bandit was found not guilty. I'd have
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to be equally sympathetic. But suppose
they did find you guilty. Jury trial,
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fraud a conviction.
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You'd have to get jail time.
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We can't risk that.
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Okay.
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I'm sorry, Jimmy. Maybe I should have
just said it was pain medication, but I
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didn't want to lie.
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I'm sorry.
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Warren, to what do I owe this?
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Field check.
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00:12:27,860 --> 00:12:31,779
How are you, John? I'm fine. How are
you? Excellent, except for the fact I'm
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Rome, Wisconsin.
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00:12:32,831 --> 00:12:36,979
You know, one of the points of my
assigning you here was so that I'd never
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to show up personally.
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00:12:40,340 --> 00:12:43,540
I've been following your interesting
caseload. Oh, have you?
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Did you hear about today?
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Yes, that's actually why I'm here.
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I'm going to handle the prosecution.
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00:12:53,130 --> 00:12:56,990
What? A physician actually caught with
her hand in the euthanasia jar.
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We've been waiting a long time for this
opportunity.
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You actually want to try this cave?
193
00:13:03,070 --> 00:13:04,120
Oh, yes.
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00:13:04,750 --> 00:13:08,709
Kevorkian may make better copy, but Dr.
Brock's conduct is certainly more
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prevalent and therefore more dangerous.
196
00:13:12,270 --> 00:13:16,170
Um, I was thinking of offering three
years suspended.
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00:13:17,650 --> 00:13:21,410
Well, it's good that I'm here then. The
Attorney General wants time served.
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00:13:25,160 --> 00:13:26,210
I'm sorry, Warren.
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00:13:26,900 --> 00:13:28,440
Joe Brock is a friend of mine.
200
00:13:30,840 --> 00:13:32,400
That's another reason I'm here.
201
00:13:39,380 --> 00:13:40,760
Can you cry on command?
202
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I like my clients to seem contrite.
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00:13:43,820 --> 00:13:49,999
When I give you a sad little look like
this, that's the signal for you to let a
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00:13:50,000 --> 00:13:51,300
tear escape. Just one.
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00:13:51,770 --> 00:13:52,820
I like to be subtle.
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00:13:52,970 --> 00:13:55,730
Oh, yes, I've always admired that about
you.
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00:13:56,490 --> 00:13:58,010
Oh, my worthy opponent.
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Two weeks suspended to be served at Club
Med, and we have a deal. No, we have a
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problem.
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00:14:03,770 --> 00:14:04,820
Look,
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00:14:05,230 --> 00:14:11,189
Warren Greer, the assistant district
attorney of Wisconsin, my boss, he wants
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00:14:11,190 --> 00:14:12,450
try this case personally.
213
00:14:13,170 --> 00:14:14,550
What are you talking about?
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00:14:16,170 --> 00:14:18,210
He wants to make an example of you,
Jill.
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00:14:19,930 --> 00:14:20,980
He's a...
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He's very, very good.
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00:14:29,130 --> 00:14:30,490
Calm down. Just relax.
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They're seeking jail time, Jimmy.
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00:14:34,390 --> 00:14:35,590
I can't believe this.
220
00:14:35,850 --> 00:14:39,690
I did nothing that isn't done routinely.
How can I be on trial for murder?
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00:14:39,691 --> 00:14:42,589
Because it's done routinely. Well, maybe
I should change my statement. It's too
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00:14:42,590 --> 00:14:46,189
late for that. Your statement is already
on record. Look, one thing is for sure.
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00:14:46,190 --> 00:14:48,720
We're not trusting your life to Douglas
Wambaugh.
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00:14:49,510 --> 00:14:50,560
Not completely.
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00:14:52,910 --> 00:14:53,960
I don't understand.
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00:14:53,961 --> 00:14:57,929
It's nothing personal, Doug, but they
brought in this top DA. We want both of
227
00:14:57,930 --> 00:15:01,609
you. It's been a life goal to work with
you, to see the inner workings of that
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00:15:01,610 --> 00:15:02,660
vacuous mind.
229
00:15:03,450 --> 00:15:04,500
You're a character.
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00:15:05,170 --> 00:15:09,810
I want you to be my lawyer, Doug. I just
need every resource available to me.
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00:15:10,590 --> 00:15:12,930
Mr. Wambaugh, she is facing jail time.
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How can you make this about you?
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You're right.
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00:15:17,070 --> 00:15:18,120
I'm sorry.
235
00:15:18,730 --> 00:15:21,470
I plan to stipulate to the prosecution's
case.
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00:15:21,471 --> 00:15:25,299
It works well for me. I have no problem
with that, especially since she's
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already confessed.
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As I see it, we need to put the law
against euthanasia on trial.
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00:15:29,920 --> 00:15:33,819
Already he's taking over. All right. I
need all of Mr. Fenwick's medical
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00:15:33,820 --> 00:15:37,539
records. We must demonstrate that not
only was his death imminent, with or
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00:15:37,540 --> 00:15:41,159
without the morphine, but that any
lingering would have been with extreme
242
00:15:41,160 --> 00:15:45,139
suffering. That's easy. I need Carla
Fenwick, Bruce Fenwick, any other
243
00:15:45,140 --> 00:15:48,870
of import sitting with us, testifying
for us. They already said they would.
244
00:15:48,871 --> 00:15:52,369
I've been in contact with doctors from
various bioethics committees. They'll
245
00:15:52,370 --> 00:15:55,409
testify that what you did with Mr.
Fenwick was fairly routine.
246
00:15:55,410 --> 00:15:57,640
Then I want a parade of character
witnesses.
247
00:15:57,670 --> 00:16:01,370
Ministers, priests, former patients,
former mayors. They're all dead.
248
00:16:01,570 --> 00:16:06,449
Anybody and everybody who can testify as
to your integrity, your morality, your
249
00:16:06,450 --> 00:16:07,950
conscience, your compassion.
250
00:16:08,270 --> 00:16:09,590
Get your kids out of school.
251
00:16:09,591 --> 00:16:13,149
I want them sitting in that courtroom. I
want you hugging them and kissing them
252
00:16:13,150 --> 00:16:14,009
every day.
253
00:16:14,010 --> 00:16:17,380
You are a wonderful mother in addition
to being a caring physician.
254
00:16:18,220 --> 00:16:21,340
We will defy any jury to put you in a
jail cell.
255
00:16:24,660 --> 00:16:27,980
I don't mean to be strict about this,
but my needs are strict.
256
00:16:27,981 --> 00:16:31,639
If you're trying this case, Warren,
what's the point of me being there?
257
00:16:31,640 --> 00:16:35,780
Your absence from the prosecutor's table
could be interpreted as dissent.
258
00:16:35,781 --> 00:16:40,919
A dissent which could be quite crippling
given your influence in this community.
259
00:16:40,920 --> 00:16:44,120
I therefore want and need you by my
side.
260
00:16:48,720 --> 00:16:53,919
You're a district attorney, an officer
of the court, and we have a defendant
261
00:16:53,920 --> 00:16:56,870
clearly acted outside the boundaries of
our criminal law.
262
00:16:57,540 --> 00:16:59,710
There should be no professional
conflict.
263
00:17:02,840 --> 00:17:04,060
I'll be by your side.
264
00:17:08,520 --> 00:17:14,059
Obviously, I would expect facial
expressions, body language, and all
265
00:17:14,060 --> 00:17:16,230
your part to support the state's
position.
266
00:17:17,180 --> 00:17:18,230
Obviously.
267
00:17:21,710 --> 00:17:23,450
She did commit a criminal act, John.
268
00:17:26,141 --> 00:17:33,289
Objection. A change of venue would cause
unnecessary delay with no apparent
269
00:17:33,290 --> 00:17:36,869
benefit. The defendant was the acting
mayor of the town, Your Honor. She
270
00:17:36,870 --> 00:17:39,580
continues to be the leading doctor in
this community.
271
00:17:39,790 --> 00:17:44,369
Upon cursory review of the witness pool,
I see that she's given physicals to 11
272
00:17:44,370 --> 00:17:48,570
of them, not to mention the fact... The
people of Rome can be impartial.
273
00:17:50,140 --> 00:17:54,179
Certainly, Your Honor himself would not
be in favor of a venue that might be
274
00:17:54,180 --> 00:17:58,540
predisposed to an acquittal. Is that an
accusation, counsel? I believe it was,
275
00:17:58,760 --> 00:17:59,810
Judge.
276
00:18:01,240 --> 00:18:06,559
It was simply an affirmation of my
belief that Your Honor considers the
277
00:18:06,560 --> 00:18:09,180
integrity of the judicial process to be
paramount.
278
00:18:09,900 --> 00:18:15,479
That integrity would be best preserved,
I believe, by transferring venue of this
279
00:18:15,480 --> 00:18:19,360
matter into another county where the
defendant is not quite so familiar.
280
00:18:20,030 --> 00:18:21,230
if not popular.
281
00:18:22,070 --> 00:18:26,130
As I said, the people of Rome can be
fair.
282
00:18:27,650 --> 00:18:29,630
Motion for change of venue denied.
283
00:18:30,010 --> 00:18:31,510
Trial date April 4th.
284
00:18:42,210 --> 00:18:45,580
It's become a little more complicated
than we originally thought.
285
00:18:47,110 --> 00:18:49,170
If I get convicted, then...
286
00:18:49,760 --> 00:18:50,820
I could go to jail.
287
00:18:51,840 --> 00:18:53,000
It'll be on the news.
288
00:18:53,560 --> 00:18:55,160
It'll stir up a lot of anger.
289
00:18:56,200 --> 00:18:57,740
People will say a lot of things.
290
00:18:58,840 --> 00:19:00,100
We have to stick together.
291
00:19:01,200 --> 00:19:02,250
All of us.
292
00:19:02,460 --> 00:19:03,520
So care what you did?
293
00:19:04,460 --> 00:19:05,510
To play gone?
294
00:19:05,900 --> 00:19:07,800
Mr. Fenwick was suffering, Zach.
295
00:19:09,820 --> 00:19:10,870
Eat your dinner.
296
00:19:12,440 --> 00:19:13,490
Oh, come on.
297
00:19:13,780 --> 00:19:15,680
We have to be a strong family.
298
00:19:16,640 --> 00:19:18,060
We are a strong family.
299
00:19:20,110 --> 00:19:21,890
No jury's going to put you in jail.
300
00:19:22,690 --> 00:19:23,740
Not for this.
301
00:19:24,730 --> 00:19:26,530
Well, I certainly hope you're right.
302
00:19:29,350 --> 00:19:34,949
I don't care if your feelings are hurt.
We need the Wambaugh strut. She hired
303
00:19:34,950 --> 00:19:37,810
you to strut. She hired both of us. Now
listen to me.
304
00:19:38,470 --> 00:19:42,749
I've tried cases against Greer before.
He's methodical, he's plodding, and he
305
00:19:42,750 --> 00:19:43,800
very effective.
306
00:19:45,270 --> 00:19:46,830
One advantage we might have.
307
00:19:46,831 --> 00:19:52,339
Although he's been up against plenty of
lawyers like me, he's never seen the
308
00:19:52,340 --> 00:19:53,820
likes of anybody close to you.
309
00:19:55,140 --> 00:19:57,220
You have to be your bombastic self.
310
00:19:57,760 --> 00:20:00,890
It's Douglas Wambaugh's showtime. You
have to keep him on tilt.
311
00:20:02,000 --> 00:20:04,620
This guy is good. This man is very good.
312
00:20:05,260 --> 00:20:07,940
We can't let him get his soft,
persuasive rhythm.
313
00:20:07,941 --> 00:20:11,699
As soon as he begins, you jump up. Never
let him get his stride. Never let him
314
00:20:11,700 --> 00:20:13,380
up. You talk like you're scared.
315
00:20:14,410 --> 00:20:18,550
I look at the facts, I look at the law,
and I look at the DA trying the case.
316
00:20:19,150 --> 00:20:20,590
You're damn right I'm scared.
317
00:20:21,110 --> 00:20:22,160
You should be, too.
318
00:20:59,210 --> 00:21:00,260
Right from the start.
319
00:21:01,230 --> 00:21:02,490
Don't worry about me.
320
00:21:02,830 --> 00:21:05,180
Mr. Greer, we will hear your opening
statement.
321
00:21:10,110 --> 00:21:11,730
Ladies and gentlemen of the jury.
322
00:21:12,450 --> 00:21:14,370
Objection! I beg your pardon. I'm sorry.
323
00:21:14,430 --> 00:21:17,190
What I object to is wasting this jury's
valuable time.
324
00:21:17,610 --> 00:21:19,830
The defense will stipulate that Dr.
325
00:21:19,831 --> 00:21:23,029
Brock turned up the morphine drip. Mr.
Wambaugh, I haven't even introduced
326
00:21:23,030 --> 00:21:26,090
myself to this jury. We'll stipulate to
that, too.
327
00:21:26,520 --> 00:21:30,679
Warren Greer, single, never married, no
kids. Your Honor. Wambaugh. Both his
328
00:21:30,680 --> 00:21:32,240
parents are in good health.
329
00:21:32,700 --> 00:21:37,379
I hope that they never get sick or
suffer. Wambaugh. I hope if that happens
330
00:21:37,380 --> 00:21:39,459
a compassionate doctor wouldn't try to
help.
331
00:21:39,460 --> 00:21:42,519
That's enough. Because then you might
seek to prosecute that doctor just like
332
00:21:42,520 --> 00:21:45,639
you're doing to Joe Brock. Move to
strike all of that and ask that Your
333
00:21:45,640 --> 00:21:47,200
take control of this courtroom.
334
00:21:48,000 --> 00:21:49,500
Counsel to the bench, now.
335
00:21:50,360 --> 00:21:51,420
You got him mad.
336
00:21:52,131 --> 00:21:54,179
Bad start.
337
00:21:54,180 --> 00:21:56,139
I'm not going to put up with any of your
crap.
338
00:21:56,140 --> 00:21:59,630
Since she's got another lawyer, I'll
think nothing of holding you in
339
00:21:59,800 --> 00:22:03,160
And you, I've got control of this
courtroom.
340
00:22:04,060 --> 00:22:05,860
You want to see how much control?
341
00:22:06,580 --> 00:22:09,060
Try insulting me one more time.
342
00:22:09,460 --> 00:22:12,440
He objected for even told the jury my
name.
343
00:22:12,700 --> 00:22:17,239
The jury knows all about you. I had them
over for cocktails last night. Who is
344
00:22:17,240 --> 00:22:18,219
this man?
345
00:22:18,220 --> 00:22:21,640
I'm Douglas Wambo. Mr. Wambo, this is a
court of law.
346
00:22:22,120 --> 00:22:23,300
You're new in town.
347
00:22:28,560 --> 00:22:35,080
He was losing control of his bodily
functions, and,
348
00:22:35,200 --> 00:22:39,440
well, we all knew that the time was
here.
349
00:22:39,860 --> 00:22:43,060
And you had a discussion with Dr. Brock
concerning what to do?
350
00:22:43,920 --> 00:22:44,970
Yes.
351
00:22:45,360 --> 00:22:47,830
Could you relate that discussion for the
court?
352
00:22:49,580 --> 00:22:54,780
He was in pain, and Dr.
353
00:22:56,420 --> 00:22:58,020
Brock said that she could...
354
00:22:58,330 --> 00:23:02,030
increase the morphine and take the pain
away.
355
00:23:02,990 --> 00:23:06,110
She said this would probably put him in
a coma.
356
00:23:07,450 --> 00:23:09,750
What else did Dr. Brock say, Mrs.
Fenwick?
357
00:23:12,130 --> 00:23:15,810
She said that Harry would not come out
of the coma.
358
00:23:16,750 --> 00:23:18,710
The morphine would cause his death.
359
00:23:19,610 --> 00:23:23,050
He was going to die no matter what. For
your observation.
360
00:23:23,920 --> 00:23:28,419
Dr. Brock, up the morphine with the
knowledge that the increased dosage
361
00:23:28,420 --> 00:23:30,340
affect the end of your husband's life?
362
00:23:32,440 --> 00:23:33,490
Yes.
363
00:23:36,160 --> 00:23:37,540
Thank you, Mrs. Fenwick.
364
00:23:39,200 --> 00:23:40,250
Nothing further.
365
00:23:43,520 --> 00:23:50,259
Your husband had
366
00:23:50,260 --> 00:23:51,310
stomach cancer?
367
00:23:52,240 --> 00:23:53,290
Yes.
368
00:23:54,280 --> 00:23:58,160
Could you describe his condition on the
morning of his last day?
369
00:24:01,540 --> 00:24:03,780
The pain was excruciating.
370
00:24:04,300 --> 00:24:07,300
He was suffering some dementia.
371
00:24:09,380 --> 00:24:11,000
He was dying, Mr. Dell.
372
00:24:12,440 --> 00:24:16,379
Did you have an opportunity to speak
with Dr. Brock after your husband's
373
00:24:16,380 --> 00:24:17,419
passing?
374
00:24:17,420 --> 00:24:18,470
Yes, I did.
375
00:24:19,540 --> 00:24:20,620
And what did you say?
376
00:24:21,960 --> 00:24:23,010
I...
377
00:24:25,550 --> 00:24:28,330
I said, thank you.
378
00:24:30,030 --> 00:24:36,969
I said, thank you for relieving his
suffering and allowing him to die with
379
00:24:36,970 --> 00:24:38,020
some dignity.
380
00:24:44,230 --> 00:24:45,910
No further questions, Your Honor.
381
00:24:50,550 --> 00:24:51,600
Redirect, Mr. Greer.
382
00:24:52,350 --> 00:24:53,670
Just one thing, Your Honor.
383
00:24:54,510 --> 00:25:00,290
Mrs. Fenwick, I neglected to say how
deeply, deeply sorry I am for your loss.
384
00:25:01,490 --> 00:25:05,369
I would like you to trust that no matter
how difficult these proceedings may
385
00:25:05,370 --> 00:25:12,349
become, I hope we will never allow the
jury or anyone to lose
386
00:25:12,350 --> 00:25:13,400
sight of your pain.
387
00:25:17,390 --> 00:25:18,440
Thank you.
388
00:25:29,580 --> 00:25:32,000
He came off almost more sympathetic than
Carla.
389
00:25:32,240 --> 00:25:36,019
That's exactly his plan, to sympathize
with her, with you, with the whole
390
00:25:36,020 --> 00:25:39,259
tragedy. He's going to share his
compassion with the jury, and then he's
391
00:25:39,260 --> 00:25:42,390
going to ask them to rise above it. I
thought I had him clustered.
392
00:25:42,560 --> 00:25:44,840
For a second I thought I saw a nostril
twitch.
393
00:25:45,300 --> 00:25:47,480
This man is hard to shake.
394
00:25:47,760 --> 00:25:48,810
So what now?
395
00:25:48,940 --> 00:25:50,680
The gloves come off this afternoon.
396
00:25:50,760 --> 00:25:54,559
They're putting up their doctors and
bioethicists to condemn you. It's
397
00:25:54,560 --> 00:25:57,680
that we destroy them. We have just as
many doctors on my side.
398
00:25:58,080 --> 00:26:00,790
but they're bringing in Dr. Ellen Smithy
from Chicago.
399
00:26:03,360 --> 00:26:04,700
I don't understand this.
400
00:26:07,000 --> 00:26:08,640
Why am I being singled out?
401
00:26:13,451 --> 00:26:14,939
What
402
00:26:14,940 --> 00:26:21,880
gives?
403
00:26:21,881 --> 00:26:27,609
Couldn't this be construed as an ex
parte communication?
404
00:26:27,610 --> 00:26:31,189
I have no intentions of discussing the
merits of your case, Counsel, but I
405
00:26:31,190 --> 00:26:32,240
like to know.
406
00:26:32,410 --> 00:26:36,910
Lots of doctors do what Jill Brock did,
many of them in big hospitals.
407
00:26:37,670 --> 00:26:40,550
Now, why go after a small -town general
practitioner?
408
00:26:41,950 --> 00:26:45,190
One might also ask why exempt the small
-town doctor.
409
00:26:45,770 --> 00:26:50,309
One might even pose the query why the
laws of our nation often seem not to
410
00:26:50,310 --> 00:26:51,750
to Rome, Wisconsin.
411
00:26:52,890 --> 00:26:55,150
I suspect the answer to that question...
412
00:26:55,420 --> 00:26:57,840
might be located with the Honorable
Judge Bone.
413
00:26:59,480 --> 00:27:03,320
Uh, we probably shouldn't be having this
discussion.
414
00:27:05,520 --> 00:27:07,420
You have something to say to me?
415
00:27:09,060 --> 00:27:12,840
There's a little piece of legal
vernacular cropping up in Madison these
416
00:27:13,440 --> 00:27:14,680
It's called Bone Law.
417
00:27:15,460 --> 00:27:16,510
Named after you.
418
00:27:17,480 --> 00:27:23,179
Bone Law means when you don't like a
particular rule or regulation, you just
419
00:27:23,180 --> 00:27:24,230
ignore it.
420
00:27:24,810 --> 00:27:29,430
You've become such a wonderful populist,
defying the Supreme Court.
421
00:27:30,030 --> 00:27:36,889
You've made vigilantism so romantic
again, so contagious, that a jury here
422
00:27:36,890 --> 00:27:41,769
acquit a guilty defendant like the
dancing bandit, simply on the grounds of
423
00:27:41,770 --> 00:27:42,820
likability.
424
00:27:43,510 --> 00:27:44,710
Why Rome?
425
00:27:45,890 --> 00:27:50,510
Because the people here need to know the
laws of this country apply to them.
426
00:27:51,110 --> 00:27:52,570
Why Jill Brock?
427
00:27:53,820 --> 00:27:55,500
Because she murdered her patient.
428
00:27:55,501 --> 00:27:58,179
That's kind of a harsh way to put it,
isn't it?
429
00:27:58,180 --> 00:28:00,960
You increase the dosage to terminate a
patient's life.
430
00:28:01,280 --> 00:28:03,140
Murder's the term for it, harsh or not.
431
00:28:03,540 --> 00:28:07,899
But, Dr. Smithy, as the defense
correctly points out, this kind of a
432
00:28:07,900 --> 00:28:10,080
the morphine drip, it goes on all the
time.
433
00:28:10,320 --> 00:28:13,690
A lot of people cheat on tax returns,
too. That doesn't make it right.
434
00:28:14,620 --> 00:28:19,799
The fact that a lot of doctors may do
what she did is all the more need to put
435
00:28:19,800 --> 00:28:21,800
stop to it. The patient was suffering.
436
00:28:22,380 --> 00:28:24,760
We're not talking about a Labrador
retriever.
437
00:28:25,160 --> 00:28:29,539
This was a human being. We don't put
people to sleep when they suffer. We do
438
00:28:29,540 --> 00:28:32,939
everything we can to help them get
better. But this patient wasn't going to
439
00:28:32,940 --> 00:28:34,199
better. Death was imminent.
440
00:28:34,200 --> 00:28:35,760
The patient was in extreme pain.
441
00:28:35,820 --> 00:28:37,620
We never know when death will strike.
442
00:28:37,740 --> 00:28:39,180
Miracles happen all the time.
443
00:28:39,700 --> 00:28:43,280
Cancers go into remission sometime with
no medical explanation.
444
00:28:44,060 --> 00:28:48,419
It's not for any doctor to exclude the
remote possibility of recovery, and
445
00:28:48,420 --> 00:28:49,800
that's exactly what she did.
446
00:28:50,220 --> 00:28:52,220
But the patient wanted to die.
447
00:28:52,780 --> 00:28:56,899
Patients want to die all the time. Some
with depression, some with cancer, some
448
00:28:56,900 --> 00:28:58,280
because they've lost a limb.
449
00:28:58,480 --> 00:29:01,620
I don't give a damn if a patient wants
to end it.
450
00:29:02,400 --> 00:29:04,120
Doctors don't help them die.
451
00:29:04,121 --> 00:29:08,639
You think it's possible that a miracle
was waiting for Harry Fenwick?
452
00:29:08,640 --> 00:29:09,690
I don't know.
453
00:29:10,680 --> 00:29:14,300
Terminal cancer has been known to
inexplicably go into remission.
454
00:29:15,600 --> 00:29:16,940
Did you look at Mr.
455
00:29:17,140 --> 00:29:18,580
Fenwick's medical records?
456
00:29:19,100 --> 00:29:20,150
No, I did not.
457
00:29:20,500 --> 00:29:21,740
Nor do I need to.
458
00:29:22,060 --> 00:29:23,160
It's beyond the point.
459
00:29:23,500 --> 00:29:27,040
Wait a second. Mr. Fenwick's health is
beyond the point?
460
00:29:27,260 --> 00:29:31,560
I'm not disputing her prognosis. I'm
saying whatever the prognosis... So Mr.
461
00:29:31,780 --> 00:29:35,510
Fenwick's pain and suffering have no
relevance in your testimony today?
462
00:29:35,720 --> 00:29:39,040
I'm saying in any situation... It's a
yes or no question, Doctor.
463
00:29:39,500 --> 00:29:40,550
Does Mr.
464
00:29:40,580 --> 00:29:44,130
Fenwick's suffering carry any meaning
for you in today's testimony?
465
00:29:46,400 --> 00:29:47,450
No.
466
00:29:47,610 --> 00:29:49,210
No. Well, it did for Dr.
467
00:29:49,211 --> 00:29:50,129
Jill Brock.
468
00:29:50,130 --> 00:29:54,069
Objection. What do you object to? Her
caring? Objection. I'll tell you what I
469
00:29:54,070 --> 00:29:58,129
object to. Doctors making million
-dollar salaries while serving up
470
00:29:58,130 --> 00:30:02,429
platitudes without ever getting into the
room with the patient. The train was
471
00:30:02,430 --> 00:30:04,530
relevant for Harry Fenwick.
472
00:30:04,730 --> 00:30:07,190
One more word, you see a jail cell.
473
00:30:08,290 --> 00:30:09,430
That's all, Your Honor.
474
00:30:10,990 --> 00:30:14,070
I'm finished with Dr. Smitty's expert
testimony.
475
00:30:18,980 --> 00:30:22,110
Certainly you must sympathize with Mr.
Fenwick and his family.
476
00:30:22,260 --> 00:30:23,420
Of course I do.
477
00:30:23,660 --> 00:30:25,400
Do you think doctors aren't human?
478
00:30:25,840 --> 00:30:30,200
It hurts to see a patient suffer,
especially when it's someone you care
479
00:30:30,960 --> 00:30:34,840
It's because doctors are so human that
the lines have to be well drawn.
480
00:30:35,180 --> 00:30:38,740
Once you step across it and say, this
one, I'll let die.
481
00:30:39,260 --> 00:30:41,100
That one, I'll put out of his misery.
482
00:30:42,320 --> 00:30:43,370
We're all in trouble.
483
00:30:44,540 --> 00:30:46,950
That's the whole point of the
Hippocratic Oath.
484
00:30:49,870 --> 00:30:50,920
Thank you, Doctor.
485
00:30:52,450 --> 00:30:53,500
Nothing further.
486
00:31:11,090 --> 00:31:16,150
I'm off this case, Warren.
487
00:31:16,710 --> 00:31:17,760
What?
488
00:31:18,120 --> 00:31:22,030
What Jill Brock did may be against the
law, but this enforcement is arbitrary.
489
00:31:22,031 --> 00:31:25,619
Now, it's one thing not to make
exceptions for friends. It's another
490
00:31:25,620 --> 00:31:26,820
selectively prosecute.
491
00:31:27,640 --> 00:31:29,440
I'm out. I'm not sitting at your table.
492
00:31:31,340 --> 00:31:32,390
I'm disappointed.
493
00:31:38,220 --> 00:31:44,720
This is a bad dream.
494
00:31:46,200 --> 00:31:47,700
I'm going to wake up any second.
495
00:31:48,389 --> 00:31:49,439
It's in color.
496
00:31:50,250 --> 00:31:54,089
Dreams are in black and white. The
trial's been in color. Let's just go
497
00:31:54,090 --> 00:31:57,030
your testimony one more time. We've been
over it ten times.
498
00:31:57,430 --> 00:31:59,250
I can't believe this. We're losing.
499
00:31:59,251 --> 00:32:03,189
Why can't we just offer a plea? Because
Greer won't take one. Where the hell's
500
00:32:03,190 --> 00:32:04,990
the defense? You don't do anything!
501
00:32:06,150 --> 00:32:07,250
I believe we are.
502
00:32:07,251 --> 00:32:11,239
The ethical testimony was a wash. They
put up doctors to condemn her. We put up
503
00:32:11,240 --> 00:32:15,559
doctors to support her. Most
importantly, we've successfully put the
504
00:32:15,560 --> 00:32:19,520
euthanasia on trial, and that's what we
need to do. You don't object.
505
00:32:19,780 --> 00:32:23,780
You just let them... There's no defense.
506
00:32:24,560 --> 00:32:25,610
All right, Jimmy.
507
00:32:25,780 --> 00:32:26,830
All right.
508
00:32:27,640 --> 00:32:30,880
All right.
509
00:32:31,420 --> 00:32:32,470
I'm sorry.
510
00:32:35,180 --> 00:32:37,040
I'm sorry I asked them to investigate.
511
00:32:37,500 --> 00:32:38,550
You couldn't know.
512
00:32:39,220 --> 00:32:40,340
You couldn't know.
513
00:33:15,820 --> 00:33:19,440
When you turned up the morphine, was it
with intent to end his life?
514
00:33:21,300 --> 00:33:25,960
It was with the intent to relieve his
suffering.
515
00:33:27,980 --> 00:33:31,300
It was with the knowledge that it could
end his life.
516
00:33:31,980 --> 00:33:33,940
Dr. Brock, I'm a little confused.
517
00:33:34,660 --> 00:33:40,279
Three years ago, you took this very
stand to condemn a nun who stood accused
518
00:33:40,280 --> 00:33:41,330
mercy killing?
519
00:33:41,420 --> 00:33:45,519
I said that we can't have nuns and
philanthropists running around
520
00:33:45,520 --> 00:33:50,659
euthanasia, I believed then, and I
continue to believe that it is a
521
00:33:50,660 --> 00:33:54,210
that needs to be left up to the family
and to the medical establishment.
522
00:33:54,500 --> 00:33:58,360
Mr. Fenwick, his wife, and his doctor
made that decision.
523
00:33:59,160 --> 00:34:00,210
Pretty big decision.
524
00:34:00,580 --> 00:34:03,800
Mr. Fenwick was going to die no matter
what I did.
525
00:34:04,500 --> 00:34:09,040
Maybe a day later, maybe three days
later, but he was going to die.
526
00:34:09,710 --> 00:34:12,489
All I did was to make his passing less
painful.
527
00:34:12,870 --> 00:34:17,428
You heard the prosecutor's experts talk
about cancers going into inexplicable
528
00:34:17,429 --> 00:34:18,479
remission.
529
00:34:18,670 --> 00:34:23,388
None of the prosecutor's experts
examined my patients. None of them made
530
00:34:23,389 --> 00:34:27,529
medical judgment concerning my patient.
My medical judgment, which remains
531
00:34:27,530 --> 00:34:33,750
undisputed, is that Mr. Fenwick was
going to die either that day or a day
532
00:34:34,489 --> 00:34:35,539
Just the same.
533
00:34:36,389 --> 00:34:37,630
Miracles do happen.
534
00:34:38,800 --> 00:34:43,219
The cancer had eaten away Mr. Fenwick's
stomach. There was no miracle for him.
535
00:34:43,880 --> 00:34:46,860
Dr. Smithy talked about the Hippocratic
Oath.
536
00:34:47,480 --> 00:34:49,560
Do you believe that you violated it?
537
00:34:50,260 --> 00:34:53,260
The first rule of the Hippocratic Oath
is do no harm.
538
00:34:53,880 --> 00:34:59,299
If a doctor sits around allowing the
prolonged suffering of a death that is
539
00:34:59,300 --> 00:35:04,680
to happen anyway, that's harm. That's
excruciating harm.
540
00:35:05,400 --> 00:35:09,320
So if you had it to do all over again,
You'd turn up that trip?
541
00:35:12,980 --> 00:35:14,540
It's not an easy thing.
542
00:35:18,000 --> 00:35:21,250
Did Harry say anything to you before you
turned up the morphine?
543
00:35:23,200 --> 00:35:24,250
Yes.
544
00:35:25,100 --> 00:35:26,150
What did he say?
545
00:35:29,280 --> 00:35:36,019
He asked me to let him go be with God.
He... He
546
00:35:36,020 --> 00:35:37,280
said that God was waiting.
547
00:35:44,680 --> 00:35:45,730
Nothing further?
548
00:35:58,820 --> 00:36:02,360
The autopsy report lists a morphine
overdose as the cause of death.
549
00:36:02,860 --> 00:36:04,180
Would you agree with that?
550
00:36:04,181 --> 00:36:08,979
Mr. Fenwick was going to die regardless.
Yes, I'm not disputing Mr. Fenwick's
551
00:36:08,980 --> 00:36:13,800
terminal condition, but the supervening
cause of his death was the morphine.
552
00:36:14,890 --> 00:36:15,940
Yes.
553
00:36:17,850 --> 00:36:23,649
And, according to your own testimony,
you increased the dosage with both the
554
00:36:23,650 --> 00:36:27,810
knowledge and the expectation that it
would terminate Mr. Fenwick's life,
555
00:36:27,970 --> 00:36:29,020
correct?
556
00:36:29,390 --> 00:36:31,130
Yes, that is correct.
557
00:36:33,310 --> 00:36:34,360
Hmm.
558
00:36:37,170 --> 00:36:42,590
When Sheriff Brock, your husband, began
to investigate Mr. Fenwick's death...
559
00:36:43,009 --> 00:36:45,230
Did you try to dissuade him from doing
so?
560
00:36:46,130 --> 00:36:49,949
Well, I didn't want to put him in a
situation where... You told him Mr.
561
00:36:49,950 --> 00:36:51,000
died of the cancer.
562
00:36:51,310 --> 00:36:52,360
Natural causes.
563
00:36:53,610 --> 00:36:54,660
Yes.
564
00:36:55,550 --> 00:36:56,610
Yes, I said that.
565
00:36:57,790 --> 00:36:58,840
And that was a lie.
566
00:37:01,730 --> 00:37:06,750
Well, I didn't think... I knew that it
wasn't foul play.
567
00:37:07,710 --> 00:37:12,250
I didn't want Jimmy investigating,
causing more pain... So you chose not.
568
00:37:12,570 --> 00:37:13,620
to tell him the truth.
569
00:37:18,710 --> 00:37:25,309
You concealed from the sheriff, your own
husband of 15 years, that you turned up
570
00:37:25,310 --> 00:37:26,360
the morphine drip.
571
00:37:26,510 --> 00:37:29,070
True? I already said that was true.
572
00:37:32,770 --> 00:37:33,820
Thank you, Doctor.
573
00:37:52,840 --> 00:37:59,779
Jill Brock stands on trial today only
because she tried to spare a dying
574
00:37:59,780 --> 00:38:02,380
man a few hours of horrible suffering.
575
00:38:03,100 --> 00:38:08,040
Now, make all the speeches you want
about policy and anarchy and
576
00:38:08,120 --> 00:38:14,280
but the simple truth is only that Harry
Fenwick was dying in agony.
577
00:38:14,940 --> 00:38:18,920
Dr. Brock helped him, like doctors do
all the time.
578
00:38:19,260 --> 00:38:21,180
Now, it's usually done quietly.
579
00:38:21,850 --> 00:38:23,590
between family and physician.
580
00:38:24,110 --> 00:38:29,489
Usually it's kept secret because this
happens to be an area where the law and
581
00:38:29,490 --> 00:38:31,270
humanity are still apart.
582
00:38:32,290 --> 00:38:34,290
Some states are changing this.
583
00:38:34,690 --> 00:38:37,890
In Oregon, euthanasia is now legal.
584
00:38:38,250 --> 00:38:42,690
For other states, such as Wisconsin, the
law still lags behind.
585
00:38:43,250 --> 00:38:48,389
So for people like Harry Fenwick, they
have to look to the doctor for
586
00:38:48,390 --> 00:38:50,770
compassion. Harry looked.
587
00:38:51,190 --> 00:38:52,240
To Jill.
588
00:38:52,510 --> 00:38:58,390
You heard Carla Fenwick thank Jill for
giving her husband peace and dignity,
589
00:38:58,510 --> 00:39:01,130
for ending his sufferings.
590
00:39:01,790 --> 00:39:03,210
She thanks her.
591
00:39:04,430 --> 00:39:07,030
Who are any of us to judge this woman?
592
00:39:07,570 --> 00:39:14,029
How could any judicial system be so
perverted as to subject this doctor to a
593
00:39:14,030 --> 00:39:15,090
trial for...
594
00:39:19,660 --> 00:39:22,520
I've never known such a tragedy.
595
00:39:39,680 --> 00:39:46,039
The arguments for or against legalized
596
00:39:46,040 --> 00:39:47,540
euthanasia are very powerful.
597
00:39:48,360 --> 00:39:49,440
and very complex.
598
00:39:51,040 --> 00:39:55,779
It's a debate, no doubt, that could keep
you in that deliberating room for a
599
00:39:55,780 --> 00:39:57,000
very long time.
600
00:39:58,700 --> 00:40:02,160
Fortunately, that's not your debate, at
least not today.
601
00:40:03,140 --> 00:40:08,180
For this proceeding, as Judge Bone will
instruct you, euthanasia is illegal.
602
00:40:09,000 --> 00:40:12,640
It is unlawful for a doctor to terminate
a patient's life.
603
00:40:13,260 --> 00:40:19,479
The only question before you, therefore,
is did Jill Brock commit this unlawful
604
00:40:19,480 --> 00:40:20,530
act?
605
00:40:21,300 --> 00:40:24,400
By her own admission, she did.
606
00:40:28,220 --> 00:40:33,140
Mr. Wambaugh eloquently argues the
heroic character of Dr.
607
00:40:33,400 --> 00:40:35,500
Brock. I take no issue.
608
00:40:36,940 --> 00:40:41,320
But Mr. Wambaugh's remarks are more
appropriately aimed at a sentencing
609
00:40:41,480 --> 00:40:42,920
How shall we punish her?
610
00:40:43,400 --> 00:40:45,320
That is not today's question.
611
00:40:45,580 --> 00:40:51,120
Today's question is simply, did she
commit the unlawful act?
612
00:40:52,300 --> 00:40:55,500
Once again, she admits that she did.
613
00:40:58,080 --> 00:41:04,999
Whether you accept our position or hers,
there is only one verdict
614
00:41:05,000 --> 00:41:06,050
you can return.
615
00:41:34,760 --> 00:41:36,380
I think you'd like to watch me eat.
616
00:41:38,140 --> 00:41:40,660
Maybe I wonder how you can eat.
617
00:41:41,640 --> 00:41:43,340
Or sleep, for that matter.
618
00:41:45,280 --> 00:41:49,380
You have to know, very little is served
by incarcerating Jill Brock.
619
00:41:49,620 --> 00:41:52,780
I keep coming back to why.
620
00:41:52,781 --> 00:41:57,819
Evidence is closed, counsel. It's in the
hands of the juries.
621
00:41:57,820 --> 00:41:59,020
So we can talk about it.
622
00:42:00,320 --> 00:42:04,320
Why take such a tough stance with this
crime of all crimes?
623
00:42:04,560 --> 00:42:06,660
The law against euthanasia.
624
00:42:07,920 --> 00:42:11,960
Mr. Wambaugh had his facts wrong when he
provided my introduction.
625
00:42:14,680 --> 00:42:16,220
My brother died of AIDS.
626
00:42:22,080 --> 00:42:27,040
It was a painful, very ungodly end.
627
00:42:29,120 --> 00:42:32,240
So don't you look at me as if I don't
understand.
628
00:42:33,700 --> 00:42:34,750
I understand.
629
00:42:36,820 --> 00:42:41,820
It would have been easy for me to help
him die, but it would have been wrong.
630
00:42:42,560 --> 00:42:46,900
It's unlawful for me and for Dr. Jill
Brock.
631
00:42:48,720 --> 00:42:51,560
That's fine, but if you make your point,
Dr.
632
00:42:51,800 --> 00:42:54,020
Jill Brock goes to jail.
633
00:42:55,220 --> 00:43:00,179
Which, as an officer of the court, I am
obligated to make happen until the law
634
00:43:00,180 --> 00:43:01,230
is changed.
635
00:43:01,790 --> 00:43:03,590
I prosecute the Jill Brocks.
636
00:43:05,310 --> 00:43:11,750
You see, with me, Your Honor, the bone
law is never in effect.
637
00:43:16,310 --> 00:43:18,930
Judge, jury's ready.
638
00:44:03,560 --> 00:44:06,270
Madam foreperson, has the jury reached
its verdict?
639
00:44:06,320 --> 00:44:07,370
We have, Your Honor.
640
00:44:08,020 --> 00:44:09,640
Will the defendant please rise?
641
00:44:16,060 --> 00:44:17,110
What say you?
642
00:44:17,960 --> 00:44:22,400
On the charge of voluntary manslaughter,
we find the defendant, Dr. Jill Brock,
643
00:44:22,640 --> 00:44:25,360
guilty as charged.
644
00:44:39,630 --> 00:44:42,730
Your Honor, we ask that you poll the
jury.
645
00:44:43,810 --> 00:44:48,849
Members of the jury, the clerk will call
your name, at which point you will rise
646
00:44:48,850 --> 00:44:51,150
and state your individual finding.
647
00:44:52,390 --> 00:44:53,440
Adams.
648
00:44:54,870 --> 00:44:55,920
Guilty.
649
00:44:56,410 --> 00:44:57,460
Berluti.
650
00:44:58,490 --> 00:44:59,540
Guilty.
651
00:44:59,760 --> 00:45:01,800
Jowers. Guilty.
652
00:45:02,100 --> 00:45:04,220
Mendel. Guilty.
653
00:45:04,440 --> 00:45:05,800
Davis.
654
00:45:06,660 --> 00:45:10,840
Guilty. Seidman. Guilty.
655
00:45:11,200 --> 00:45:14,080
Roberts. Guilty.
656
00:45:14,300 --> 00:45:16,800
Carey. Guilty.
657
00:45:17,320 --> 00:45:20,000
Megan. Guilty.
658
00:45:20,700 --> 00:45:23,040
Aaron. Guilty.
659
00:45:23,300 --> 00:45:25,700
Boucher. Guilty.
660
00:45:25,750 --> 00:45:30,300
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