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Watch your hands.
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There we go.
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I talked to him.
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There we go.
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It's Harry Fenwick. The cancer finally
took him. You're supposed to call us
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you pick up dead bodies, Sal. I was
going to call from the much one. You're
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supposed to call from the thing.
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You didn't call 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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Yeah. Carla, sorry.
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Thank you.
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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 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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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.
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Carter called. There's needle marks on
the guy's arm. Of course there are
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marks. I was his doctor. He's on
medication.
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Jimmy, since we're close friends, let me
say this in candor. I'll sue you for
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emotional distress and take your house.
The entire estate went to Carla.
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About $130 ,000.
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Here's the thing, though.
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Insurance only covered 60 % of his home
care, which means if Harry had lived
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another four months, the estate would
have been 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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more zeros to the judgment. It was
natural causes. I was there just this
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morning. He was on death's door. 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.
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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?
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Positive. The guy was on morphine
because of pain, Carter. Maybe he was...
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was way beyond pain medication.
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He was being pumped with more than 40
cc's per hour. It was all through his
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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...
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Carla was overheard wishing that her
husband would sort of 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? Yes, he did.
Pick up Carla Fenwick. Bring in a son,
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You have my orders.
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What?
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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 him 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.
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With the full knowledge that it would
kill 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?
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Because you didn't want to 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, 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
that I could raise the morphine level
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stop the pain, but in doing so, it would
probably kill him within six to eight
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hours. The family wanted to relieve his
suffering, and so I raised the morphine
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level. It was not...
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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?
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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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Miranda, that's under arrest.
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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
martyr. Why do you have to investigate?
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change the damn thing. I told you
natural causes, but no, you have to do
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automatically. 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, manslaughter with extremely
mitigating circumstances.
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Judge Bone happens to believe in
euthanasia. With a joint recommendation
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the DA, I think we can sell suspended.
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Here'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. Jill
Brock on the charge of voluntary
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manslaughter. The Honorable Judge Henry
Bone presiding.
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The court will come to order.
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Douglas Rambo for the defense.
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Your Honor, in the course of my
practice, I've represented a diverse
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people, some better than others, but
never have I been privileged with a
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that so personifies what it means to be
compassionate.
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And the thought that she could be
charged with... I need a
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moment.
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Deny. You are 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 the
possibility the wife did it for the
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money, I 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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Well, Littleton,
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We'll recommend three years suspended
sentence. You won't have to go to jail,
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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 jury. The dancing
bandit was found not guilty. I'd have to
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be equally sympathetic.
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But suppose they did find you guilty.
Jury trial, manslaughter 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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I'm sorry.
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Knock, knock.
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Warren, to what do I owe this?
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Field check.
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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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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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00:12:04,920 --> 00:12:07,060
I've been following your interesting
caseload.
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Oh, have you?
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Did you hear about the date?
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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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00:12:16,440 --> 00:12:17,440
What?
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00:12:18,140 --> 00:12:20,920
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 case?
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00:12:26,840 --> 00:12:27,840
Oh, yes.
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00:12:28,380 --> 00:12:32,160
Kevorkian may make better copy, but Dr.
Brock's conduct is certainly more
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prevalent and therefore more dangerous.
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00:12:35,580 --> 00:12:39,300
Um, I was thinking of offering three
years suspended.
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00:12:40,740 --> 00:12:44,340
Well, it's good that I'm here then. The
Attorney General wants time served.
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00:12:47,860 --> 00:12:48,920
I'm sorry, Warren.
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Joe Brock is a friend of mine.
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That's another reason I'm here.
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Can you cry on command?
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I like my clients to seem contrite.
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When I give you a sad little look like
this, that's the signal for you to let a
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00:13:09,830 --> 00:13:12,470
tear escape. Just one. I like to be
subtle.
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00:13:12,690 --> 00:13:13,429
Oh, yes.
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00:13:13,430 --> 00:13:15,330
I've always been worried that about you.
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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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00:13:23,750 --> 00:13:29,430
Look, Warren Greer, the assistant
district attorney of Wisconsin, my boss,
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00:13:29,720 --> 00:13:31,220
Wants to try this case personally.
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00:13:32,060 --> 00:13:33,380
What are you talking about?
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00:13:34,940 --> 00:13:36,880
He wants to make an example of you,
Jill.
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00:13:38,660 --> 00:13:41,360
He's, uh... He's very, very good.
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Calm down. Just relax.
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They're... They're seeking jail time,
Jimmy.
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00:13:52,300 --> 00:13:53,600
I can't believe this.
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I did nothing that isn't done routinely.
How can I be on trial for murder? It's
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00:13:57,760 --> 00:14:00,340
because it's done routinely. Well, maybe
I should change my statement. It's too
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00:14:00,340 --> 00:14:03,600
late for that. Your statement is already
on record. Look, one thing is for sure.
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00:14:03,720 --> 00:14:05,880
We're not trusting your life to Douglas
Wambaugh.
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00:14:06,960 --> 00:14:07,960
Not completely.
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00:14:10,140 --> 00:14:11,140
I don't understand.
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00:14:11,560 --> 00:14:14,980
It's nothing personal, Doug, but they
brought in this top DA. We want both of
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you. It's been a life goal to work with
you. To see the inner workings of that
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vacuous mind.
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00:14:20,320 --> 00:14:21,320
You're a character.
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00:14:21,900 --> 00:14:26,380
I want you to be my lawyer, Doug. I just
need every resource available to me.
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00:14:27,000 --> 00:14:31,080
Mr. Wambaugh, she is facing jail time.
How can you make this about you?
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00:14:31,760 --> 00:14:32,760
You're right.
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00:14:33,260 --> 00:14:34,260
I'm sorry.
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00:14:34,880 --> 00:14:38,840
I plan to stipulate to the prosecution's
case. It works well for me.
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00:14:39,070 --> 00:14:41,830
I have no problem with that, especially
since she's already confessed.
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As I see it, we need to put the law
against euthanasia on trial.
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00:14:45,690 --> 00:14:49,410
Already he's taking over. All right. I
need all of Mr. Fenwick's medical
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records. We must demonstrate that not
only was his death imminent, with or
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00:14:52,970 --> 00:14:56,450
without the morphine, but that any
lingering would have been with extreme
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00:14:56,450 --> 00:15:00,250
suffering. That's easy. I need Carla
Fenwick, Bruce Fenwick, any other
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of import sitting with us, testifying
for us. They already said they would.
241
00:15:04,110 --> 00:15:07,210
I've been in contact with doctors from
various bioethics committees. They'll
242
00:15:07,210 --> 00:15:09,870
testify that what you did with Mr.
Fenwick was fairly routine.
243
00:15:10,110 --> 00:15:11,810
Then I want a parade of character
witnesses.
244
00:15:12,270 --> 00:15:15,830
Ministers, priests, former patients,
former mayors. They're all dead.
245
00:15:16,050 --> 00:15:20,690
Anybody and everybody who can testify as
to your integrity, your morality, your
246
00:15:20,690 --> 00:15:21,730
conscience, your compassion.
247
00:15:22,430 --> 00:15:23,670
Get your kids out of school.
248
00:15:23,950 --> 00:15:27,110
I want them sitting in that courtroom. I
want you hugging them and kissing them
249
00:15:27,110 --> 00:15:27,929
every day.
250
00:15:27,930 --> 00:15:30,910
You are a wonderful mother in addition
to being a caring physician.
251
00:15:31,950 --> 00:15:34,970
We will defy any jury to put you in a
jail cell.
252
00:15:38,130 --> 00:15:41,370
I don't mean to be strict about this,
but my needs are strict.
253
00:15:41,610 --> 00:15:44,570
If you're trying this case, Warren,
what's the point of me being there?
254
00:15:44,830 --> 00:15:48,830
Your absence from the prosecutor's table
could be interpreted as dissent.
255
00:15:49,830 --> 00:15:53,350
A dissent which could be quite crippling
given your influence in this community.
256
00:15:53,730 --> 00:15:56,810
I therefore want and need you by my
side.
257
00:16:01,200 --> 00:16:06,220
You're a district attorney, an officer
of the court, and we have a defendant
258
00:16:06,220 --> 00:16:08,900
clearly acted outside the boundaries of
our criminal law.
259
00:16:09,540 --> 00:16:11,580
There should be no professional
conflict.
260
00:16:14,740 --> 00:16:15,940
I'll be by your side.
261
00:16:20,160 --> 00:16:25,560
Obviously, I would expect facial
expressions, body language, and all
262
00:16:25,560 --> 00:16:27,200
your part to support the state's
position.
263
00:16:28,520 --> 00:16:29,520
Obviously.
264
00:16:32,840 --> 00:16:34,400
She did commit a criminal act, John.
265
00:16:40,840 --> 00:16:43,960
Objection. A change of venue would cause
unnecessary delay with no apparent
266
00:16:43,960 --> 00:16:47,380
benefit. The defendant was the acting
mayor of the town, Your Honor. She
267
00:16:47,380 --> 00:16:49,680
continues to be the leading doctor in
this community.
268
00:16:50,200 --> 00:16:54,560
Upon cursory review of the witness pool,
I see that she's given physicals to 11
269
00:16:54,560 --> 00:16:58,620
of them, not to mention the fact... The
people of Rome can be impartial.
270
00:17:00,220 --> 00:17:01,280
Certainly, Your Honor, himself.
271
00:17:02,030 --> 00:17:06,170
would not be in favor of a venue that
might be predisposed to an acquittal. Is
272
00:17:06,170 --> 00:17:08,589
that an accusation, counsel? I believe
it was, judge.
273
00:17:10,810 --> 00:17:15,869
It was simply an affirmation of my
belief that your honor considers the
274
00:17:15,869 --> 00:17:18,390
integrity of the judicial process to be
paramount.
275
00:17:19,109 --> 00:17:24,470
That integrity would be best preserved,
I believe, by transferring venue of this
276
00:17:24,470 --> 00:17:29,250
matter into another county where the
defendant is not quite so familiar, if
277
00:17:29,250 --> 00:17:30,250
popular.
278
00:17:30,830 --> 00:17:34,650
As I said, the people of Rome can be
fair.
279
00:17:36,170 --> 00:17:38,010
Motion for change of venue denied.
280
00:17:38,430 --> 00:17:39,810
Trial date April 4th.
281
00:17:50,110 --> 00:17:53,070
It's become a little more complicated
than we originally thought.
282
00:17:54,210 --> 00:17:58,310
If I get convicted, then I could go to
jail.
283
00:17:59,330 --> 00:18:00,410
It'll be on the news.
284
00:18:00,970 --> 00:18:02,490
It'll stir up a lot of anger.
285
00:18:03,470 --> 00:18:04,970
People will say a lot of things.
286
00:18:06,050 --> 00:18:07,190
We have to pick together.
287
00:18:08,310 --> 00:18:09,310
All of us.
288
00:18:09,510 --> 00:18:10,510
So care what you did?
289
00:18:11,410 --> 00:18:12,410
To play gone?
290
00:18:12,810 --> 00:18:14,610
Mr. Fenwick was suffering, Zach.
291
00:18:16,630 --> 00:18:17,630
It's your dinner.
292
00:18:19,070 --> 00:18:20,070
Oh, come on.
293
00:18:20,370 --> 00:18:22,170
We have to be a strong family.
294
00:18:23,090 --> 00:18:24,510
We are a strong family.
295
00:18:26,370 --> 00:18:28,110
No jury's gonna put you in jail.
296
00:18:28,940 --> 00:18:29,940
Not for this.
297
00:18:30,840 --> 00:18:32,360
Well, I certainly hope you're right.
298
00:18:35,260 --> 00:18:40,660
I don't care if your feelings are hurt.
We need the Wambaugh strut. She hired
299
00:18:40,660 --> 00:18:43,400
you to strut. She hired both of us. Now
listen to me.
300
00:18:44,000 --> 00:18:48,120
I've tried cases against Greer before.
He's methodical, he's plodding, and he
301
00:18:48,120 --> 00:18:49,120
very effective.
302
00:18:50,520 --> 00:18:52,040
One advantage we might have.
303
00:18:53,640 --> 00:18:57,340
Although he's been up against plenty of
lawyers like me, he's never seen the
304
00:18:57,340 --> 00:18:58,740
likes of anybody close to you.
305
00:19:00,000 --> 00:19:02,020
You have to be your bombastic self.
306
00:19:02,500 --> 00:19:05,500
It's Douglas Wambaugh's showtime. You
have to keep him on tilt.
307
00:19:06,580 --> 00:19:09,100
This guy is good. This man is very good.
308
00:19:09,700 --> 00:19:12,280
We can't let him get his soft,
persuasive rhythm.
309
00:19:12,520 --> 00:19:15,900
As soon as he begins, you jump up. Never
let him get his stride. Never let him
310
00:19:15,900 --> 00:19:17,480
up. You talk like you're scared.
311
00:19:17,720 --> 00:19:20,440
I look at the facts. I look at the law.
312
00:19:20,640 --> 00:19:22,420
And I look at the DA trying the case.
313
00:19:23,050 --> 00:19:24,210
You're damn right I'm scared.
314
00:19:24,910 --> 00:19:25,910
You should be, too.
315
00:19:57,610 --> 00:19:58,610
right from the start.
316
00:19:59,490 --> 00:20:00,770
Don't worry about me.
317
00:20:01,070 --> 00:20:03,130
Mr. Greer, we will hear your opening
statement.
318
00:20:08,030 --> 00:20:09,590
Ladies and gentlemen of the jury.
319
00:20:10,290 --> 00:20:14,230
Objection! I beg your pardon. I'm sorry
what I object to is wasting this jury's
320
00:20:14,230 --> 00:20:15,230
valuable time.
321
00:20:15,250 --> 00:20:19,110
The defense will stipulate that Dr.
Brock turned up the morphing drip. Mr.
322
00:20:19,150 --> 00:20:22,910
Wambaugh, I haven't even introduced
myself to this jury. We'll stipulate to
323
00:20:22,910 --> 00:20:23,649
that, too.
324
00:20:23,650 --> 00:20:27,070
Warren Greer, single, never married, no
kids. Your Honor. Wambaugh.
325
00:20:27,350 --> 00:20:29,310
Both his parents are in good health.
326
00:20:29,710 --> 00:20:34,210
I hope that they never get sick or
suffer. Wambaugh! I hope if that happens
327
00:20:34,210 --> 00:20:37,410
a compassionate doctor wouldn't try to
help because then you might seek to
328
00:20:37,410 --> 00:20:41,250
prosecute that doctor just like you're
doing to Joe Brock. Move to strike all
329
00:20:41,250 --> 00:20:43,150
that and ask that Your Honor take
control of this courtroom.
330
00:20:44,350 --> 00:20:45,830
Counsel to the bench, now.
331
00:20:46,650 --> 00:20:47,670
You got her mad.
332
00:20:49,390 --> 00:20:50,390
Bad start.
333
00:20:50,410 --> 00:20:51,930
I'm not going to put up with any of your
crap.
334
00:20:52,150 --> 00:20:55,030
Since she's got another lawyer, I'll
think nothing of holding you in
335
00:20:55,810 --> 00:20:56,810
And you.
336
00:20:57,290 --> 00:20:58,950
I've got control of this courtroom.
337
00:20:59,790 --> 00:21:01,510
You want to see how much control?
338
00:21:02,210 --> 00:21:04,610
Try insulting me one more time.
339
00:21:04,990 --> 00:21:07,850
He objected before I even told the jury
my name.
340
00:21:08,090 --> 00:21:12,430
The jury knows all about you. I had them
over for cocktails last night. Who is
341
00:21:12,430 --> 00:21:13,409
this man?
342
00:21:13,410 --> 00:21:16,670
I'm Douglas Wambo. Mr. Wambo, this is a
court of law.
343
00:21:17,110 --> 00:21:18,230
You're new in town.
344
00:21:23,090 --> 00:21:24,630
He was, um...
345
00:21:26,700 --> 00:21:33,240
Losing control of his bodily functions
and... Well, we all knew that the time
346
00:21:33,240 --> 00:21:34,099
was here.
347
00:21:34,100 --> 00:21:37,220
And you had a discussion with Dr. Brock
concerning what to do?
348
00:21:37,980 --> 00:21:38,980
Yes.
349
00:21:39,380 --> 00:21:41,460
Could you relate that discussion for the
court?
350
00:21:43,440 --> 00:21:49,740
He was in pain and... Dr.
351
00:21:50,020 --> 00:21:55,400
Brock said that she could increase the
morphine and take the pain away.
352
00:21:56,460 --> 00:21:59,320
She said this would probably put him in
a coma.
353
00:22:00,540 --> 00:22:02,800
What else did Dr. Brock say, Mrs.
Fenwick?
354
00:22:05,080 --> 00:22:08,600
She said that Harry would not come out
of the coma.
355
00:22:09,500 --> 00:22:11,380
The morphine would cause his death.
356
00:22:12,280 --> 00:22:16,800
He was going to die no matter what. She
was only... From your observation, Dr.
357
00:22:17,000 --> 00:22:20,700
Brock upped the morphine with the
knowledge that the increased dosage
358
00:22:20,700 --> 00:22:22,120
affect the end of your husband's life?
359
00:22:24,560 --> 00:22:25,560
Yes.
360
00:22:28,270 --> 00:22:29,470
Thank you, Mrs. Fenwick.
361
00:22:30,910 --> 00:22:31,910
Nothing further.
362
00:22:40,410 --> 00:22:42,330
Your husband had stomach cancer?
363
00:22:43,370 --> 00:22:44,370
Yes.
364
00:22:45,190 --> 00:22:49,230
Could you describe his condition on the
morning of his last day?
365
00:22:52,330 --> 00:22:54,630
The pain was excruciating.
366
00:22:54,950 --> 00:22:56,890
He was suffering.
367
00:22:57,470 --> 00:22:58,470
Some dementia.
368
00:23:00,030 --> 00:23:01,550
He was dying, Mr. Dell.
369
00:23:02,990 --> 00:23:06,710
Did you have an opportunity to speak
with Dr. Brock after your husband's
370
00:23:06,710 --> 00:23:07,710
passing?
371
00:23:07,750 --> 00:23:08,750
Yes, I did.
372
00:23:09,790 --> 00:23:10,790
And what did you say?
373
00:23:12,090 --> 00:23:18,170
I... I said, thank you.
374
00:23:19,770 --> 00:23:23,890
I said, thank you for relieving his
suffering.
375
00:23:24,780 --> 00:23:27,120
and allowing him to die with some
dignity.
376
00:23:33,420 --> 00:23:34,680
No further questions, Your Honor.
377
00:23:39,460 --> 00:23:40,460
Redirect, Mr. Greer.
378
00:23:41,140 --> 00:23:42,280
Just one thing, Your Honor.
379
00:23:43,280 --> 00:23:48,840
Mrs. Fenwick, I neglected to say how
deeply, deeply sorry I am for your loss.
380
00:23:50,160 --> 00:23:53,700
I would like you to trust that no matter
how difficult these proceedings may
381
00:23:53,700 --> 00:24:00,620
become, I hope we will never allow the
jury or anyone to lose sight
382
00:24:00,620 --> 00:24:01,620
of your pain.
383
00:24:05,200 --> 00:24:06,200
Thank you.
384
00:24:16,840 --> 00:24:21,060
He came off almost more sympathetic than
Carla. That's exactly his plan, to
385
00:24:21,060 --> 00:24:24,280
sympathize with her, with you, with the
whole tragedy. He's going to share his
386
00:24:24,280 --> 00:24:27,440
compassion with the jury, and then he's
gently going to ask them to rise above
387
00:24:27,440 --> 00:24:29,020
it. I thought I had him flustered.
388
00:24:29,380 --> 00:24:31,540
For a second, I thought I saw a nostril
twitch.
389
00:24:31,980 --> 00:24:34,060
This man is hard to shake.
390
00:24:34,340 --> 00:24:35,340
So what now?
391
00:24:35,460 --> 00:24:36,820
The gloves come off this afternoon.
392
00:24:37,420 --> 00:24:40,840
They're putting up their doctors and
bioethicists to condemn you. It's
393
00:24:40,840 --> 00:24:43,880
that we destroy them. We have just as
many doctors on my side.
394
00:24:44,100 --> 00:24:46,180
But they're bringing in Dr. Ellen Smithy
from Chicago.
395
00:24:49,280 --> 00:24:50,600
I don't understand this.
396
00:24:52,780 --> 00:24:54,360
Why am I being singled out?
397
00:25:06,500 --> 00:25:07,500
What gives?
398
00:25:09,700 --> 00:25:11,780
Could this be construed as an ex parte
communication?
399
00:25:12,340 --> 00:25:16,000
I have no intentions of discussing the
merits of your case, counsel, but I
400
00:25:16,000 --> 00:25:17,000
like to know.
401
00:25:17,240 --> 00:25:21,480
Lots of doctors do what Jill Brock did,
many of them in big hospitals.
402
00:25:22,260 --> 00:25:24,980
Now, why go after a small -town general
practitioner?
403
00:25:26,380 --> 00:25:29,400
One might also ask, why exempt the small
-town doctor?
404
00:25:30,040 --> 00:25:34,180
One might even pose the query, why the
laws of our nation often seem not to
405
00:25:34,180 --> 00:25:35,180
apply to Rome?
406
00:25:35,460 --> 00:25:36,460
Wisconsin.
407
00:25:36,680 --> 00:25:40,940
I suspect the answer to that question
might be located with the Honorable
408
00:25:40,940 --> 00:25:41,940
Bone.
409
00:25:43,160 --> 00:25:46,800
Uh, we probably shouldn't be having this
discussion.
410
00:25:48,920 --> 00:25:50,740
You have something to say to me?
411
00:25:52,320 --> 00:25:55,960
There's a little piece of legal
vernacular cropping up in Madison these
412
00:25:56,520 --> 00:25:57,700
It's called Bone Law.
413
00:25:58,440 --> 00:25:59,440
Named after you.
414
00:26:00,380 --> 00:26:04,200
Bone Law means when you don't like a
particular rule or regulation,
415
00:26:05,290 --> 00:26:06,370
You just ignore it.
416
00:26:07,370 --> 00:26:11,870
You've become such a wonderful populist,
defying the Supreme Court.
417
00:26:12,470 --> 00:26:19,010
You've made vigilantism so romantic
again, so contagious, that a jury here
418
00:26:19,010 --> 00:26:23,670
acquit a guilty defendant like the
dancing bandit, simply on the grounds of
419
00:26:23,670 --> 00:26:24,670
likability.
420
00:26:25,390 --> 00:26:26,490
Why Rome?
421
00:26:27,690 --> 00:26:32,070
Because the people here need to know the
laws of this country apply to them.
422
00:26:32,710 --> 00:26:34,050
Why Jill Brock?
423
00:26:35,219 --> 00:26:36,600
Because she murdered her patient.
424
00:26:37,220 --> 00:26:39,060
That's kind of a harsh way to put it,
isn't it?
425
00:26:39,420 --> 00:26:43,420
You increase the dosage to terminate a
patient's life, murders the term for it,
426
00:26:43,440 --> 00:26:44,440
harsh or not.
427
00:26:44,520 --> 00:26:48,760
But, Dr. Smithy, as the defense
correctly points out, this kind of a
428
00:26:48,760 --> 00:26:50,840
the morphine drip, it goes on all the
time.
429
00:26:51,060 --> 00:26:54,120
A lot of people cheat on tax returns,
too. That doesn't make it right.
430
00:26:55,160 --> 00:27:00,160
The fact that a lot of doctors may do
what she did is all the more need to put
431
00:27:00,160 --> 00:27:00,939
stop to it.
432
00:27:00,940 --> 00:27:02,060
The patient was suffering.
433
00:27:02,760 --> 00:27:04,900
We're not talking about a Labrador
retriever.
434
00:27:05,260 --> 00:27:06,600
This was a human being.
435
00:27:06,820 --> 00:27:10,480
We don't put people to sleep when they
suffer. We do everything we can to help
436
00:27:10,480 --> 00:27:13,480
them get better. But this patient wasn't
going to get better. Death was
437
00:27:13,480 --> 00:27:15,260
imminent. The patient was in extreme
pain.
438
00:27:15,500 --> 00:27:17,020
We never know when death will strike.
439
00:27:17,340 --> 00:27:18,700
Miracles happen all the time.
440
00:27:19,220 --> 00:27:22,660
Cancers go into remission sometime with
no medical explanation.
441
00:27:23,400 --> 00:27:27,580
It's not for any doctor to exclude the
remote possibility of recovery, and
442
00:27:27,580 --> 00:27:28,600
that's exactly what she did.
443
00:27:29,200 --> 00:27:31,200
But the patient wanted to die.
444
00:27:31,810 --> 00:27:35,730
Patients want to die all the time. Some
with depression, some with cancer, some
445
00:27:35,730 --> 00:27:36,850
because they've lost a limb.
446
00:27:37,270 --> 00:27:40,270
I don't give a damn if a patient wants
to end it.
447
00:27:41,030 --> 00:27:42,690
Doctors don't help them die.
448
00:27:43,650 --> 00:27:46,590
You think it's possible that a miracle
was waiting for Harry Fenwick?
449
00:27:47,030 --> 00:27:48,030
I don't know.
450
00:27:48,970 --> 00:27:52,410
Terminal cancer has been known to
inexplicably go into remission.
451
00:27:53,690 --> 00:27:54,950
Did you look at Mr.
452
00:27:55,170 --> 00:27:56,470
Fenwick's medical records?
453
00:27:56,930 --> 00:27:57,930
No, I did not.
454
00:27:58,390 --> 00:27:59,550
Nor do I need to.
455
00:27:59,890 --> 00:28:00,890
It's beyond the point.
456
00:28:01,370 --> 00:28:04,630
Wait a second. Mr. Fenwick's health is
beyond the point?
457
00:28:04,890 --> 00:28:09,010
I'm not disputing her prognosis. I'm
saying whatever the prognosis. So Mr.
458
00:28:09,170 --> 00:28:12,590
Fenwick's pain and suffering have no
relevance in your testimony today?
459
00:28:12,950 --> 00:28:14,530
I'm saying in any situation.
460
00:28:14,790 --> 00:28:16,150
It's a yes or no question, Doctor.
461
00:28:16,570 --> 00:28:17,570
Does Mr.
462
00:28:17,630 --> 00:28:20,790
Fenwick's suffering carry any meaning
for you in today's testimony?
463
00:28:23,210 --> 00:28:25,910
No. No. Well, it did for Dr.
464
00:28:26,190 --> 00:28:26,809
Jill Brock.
465
00:28:26,810 --> 00:28:28,310
Objection. What did you object to?
466
00:28:28,800 --> 00:28:32,720
Her caring? I'll tell you what I object
to. Doctors making million -dollar
467
00:28:32,720 --> 00:28:36,600
salaries while serving up bloated
platitudes without ever getting into the
468
00:28:36,600 --> 00:28:40,600
with the patient. The pain was relevant
for Harry Fenwick.
469
00:28:40,800 --> 00:28:43,140
One more word, you see a jail cell.
470
00:28:44,180 --> 00:28:45,180
That's all, Your Honor.
471
00:28:46,760 --> 00:28:49,740
I'm finished with Dr. Smitty's expert
testimony.
472
00:28:54,300 --> 00:28:57,200
Certainly you must sympathize with Mr.
Fenwick and his family.
473
00:28:57,710 --> 00:29:00,450
Of course I do. Do you think doctors
aren't human?
474
00:29:01,030 --> 00:29:05,210
It hurts to see a patient suffer,
especially when it's someone you care
475
00:29:05,930 --> 00:29:09,670
It's because doctors are so human that
the lines have to be well drawn.
476
00:29:09,990 --> 00:29:13,410
Once you step across it and say, this
one, I'll let die.
477
00:29:13,890 --> 00:29:15,670
That one, I'll put out of his misery.
478
00:29:16,810 --> 00:29:17,810
We're all in trouble.
479
00:29:18,850 --> 00:29:21,190
That's the whole point of the
Hippocratic Oath.
480
00:29:23,990 --> 00:29:24,990
Thank you, Doctor.
481
00:29:26,700 --> 00:29:27,700
Nothing further.
482
00:29:48,020 --> 00:29:49,280
I'm off this case, Warren.
483
00:29:49,860 --> 00:29:50,860
What?
484
00:29:51,100 --> 00:29:54,820
What Jill Brock did may be against the
law, but this enforcement is arbitrary.
485
00:29:55,480 --> 00:29:58,380
Now, it's one thing not to make
exceptions for friends. It's another
486
00:29:58,380 --> 00:29:59,480
selectively prosecute.
487
00:30:00,260 --> 00:30:01,760
I'm out. I'm not sitting at your table.
488
00:30:03,840 --> 00:30:04,840
I'm disappointed.
489
00:30:10,980 --> 00:30:16,680
This is a bad dream.
490
00:30:18,100 --> 00:30:19,500
I'm going to wake up any second.
491
00:30:20,280 --> 00:30:21,280
It's in color.
492
00:30:22,129 --> 00:30:25,670
Dreams are in black and white. The
trial's been in color. Let's just go
493
00:30:25,670 --> 00:30:28,530
your testimony one more time. We've been
over it ten times.
494
00:30:28,890 --> 00:30:30,630
I can't believe this. We're losing.
495
00:30:31,010 --> 00:30:32,270
Why can't we just offer a plea?
496
00:30:32,470 --> 00:30:35,210
Because Greer won't take one. Where the
hell's the defense? You don't do
497
00:30:35,210 --> 00:30:36,210
anything!
498
00:30:37,250 --> 00:30:38,290
I believe we are.
499
00:30:38,570 --> 00:30:42,110
The ethical testimony was a wash. They
put up doctors to condemn her. We put up
500
00:30:42,110 --> 00:30:46,250
doctors to support her. Most
importantly, we've successfully put the
501
00:30:46,250 --> 00:30:50,050
euthanasia on trial, and that's what we
need to do. You don't object?
502
00:30:50,350 --> 00:30:51,350
You just let them...
503
00:30:53,290 --> 00:30:54,290
There's no defense.
504
00:30:54,790 --> 00:30:56,390
All right, Jimmy. All right.
505
00:30:57,270 --> 00:31:00,970
All right.
506
00:31:01,350 --> 00:31:02,350
I'm sorry.
507
00:31:04,970 --> 00:31:06,750
I'm sorry I asked them to investigate.
508
00:31:07,150 --> 00:31:08,150
You couldn't know.
509
00:31:08,930 --> 00:31:10,010
You couldn't know.
510
00:31:40,430 --> 00:31:43,850
When you turned up the morphine, was it
with intent to end his life?
511
00:31:45,650 --> 00:31:50,110
It was with the intent to relieve his
suffering.
512
00:31:52,030 --> 00:31:55,230
It was with the knowledge that it could
end his life.
513
00:31:55,710 --> 00:31:57,730
Dr. Brock, I'm a little confused.
514
00:31:58,450 --> 00:32:03,850
Three years ago, you took this very
stand to condemn a nun who stood accused
515
00:32:03,850 --> 00:32:04,850
mercy killing?
516
00:32:04,860 --> 00:32:08,860
I said that we can't have nuns and
philanthropists running around
517
00:32:08,860 --> 00:32:13,780
euthanasia, I believed then, and I
continue to believe that it is a
518
00:32:13,780 --> 00:32:16,840
that needs to be left up to the family
and to the medical establishment.
519
00:32:17,440 --> 00:32:21,180
Mr. Fenwick, his wife, and his doctor
made that decision.
520
00:32:21,920 --> 00:32:22,920
Pretty big decision.
521
00:32:23,300 --> 00:32:26,380
Mr. Fenwick was going to die no matter
what I did.
522
00:32:27,040 --> 00:32:31,420
Maybe a day later, maybe three days
later, but he was going to die.
523
00:32:32,040 --> 00:32:34,720
All I did was to make his passing less
painful.
524
00:32:35,080 --> 00:32:39,460
You heard the prosecutor's experts talk
about cancers going into inexplicable
525
00:32:39,460 --> 00:32:40,460
remission.
526
00:32:40,640 --> 00:32:45,180
None of the prosecutor's experts
examined my patients. None of them made
527
00:32:45,180 --> 00:32:49,160
medical judgment concerning my patient.
My medical judgment, which remains
528
00:32:49,160 --> 00:32:55,100
undisputed, is that Mr. Fenwick was
going to die either that day or a day
529
00:32:55,800 --> 00:32:56,800
Just the same.
530
00:32:57,640 --> 00:32:58,860
Miracles do happen.
531
00:32:59,950 --> 00:33:04,210
The cancer had eaten away Mr. Fenwick's
stomach. There was no miracle for him.
532
00:33:04,810 --> 00:33:07,690
Dr. Smithy talked about the Hippocratic
Oath.
533
00:33:08,250 --> 00:33:10,250
Do you believe that you violated it?
534
00:33:10,890 --> 00:33:13,830
The first rule of the Hippocratic Oath
is do no harm.
535
00:33:14,390 --> 00:33:19,590
If a doctor sits around allowing the
prolonged suffering of a death that is
536
00:33:19,590 --> 00:33:24,790
to happen anyway, that's harm. That's
excruciating harm.
537
00:33:25,430 --> 00:33:29,230
So if you had it to do all over again,
you'd turn up that trip?
538
00:33:32,780 --> 00:33:34,240
It's not an easy thing.
539
00:33:37,520 --> 00:33:40,340
Did Harry say anything to you before you
turned up the morphine?
540
00:33:42,460 --> 00:33:43,460
Yes.
541
00:33:44,320 --> 00:33:45,320
What did he say?
542
00:33:48,340 --> 00:33:55,340
He asked me to let him go be with God.
He... He said that
543
00:33:55,340 --> 00:33:56,340
God was waiting.
544
00:34:00,760 --> 00:34:01,860
Thank you, Dr. Brock.
545
00:34:17,130 --> 00:34:20,090
The autopsy report lists a morphine
overdose as the cause of death.
546
00:34:20,489 --> 00:34:21,530
Would you agree with that?
547
00:34:22,770 --> 00:34:26,429
Mr. Fenwick was going to die regardless.
Yes, I'm not disputing Mr. Fenwick's
548
00:34:26,429 --> 00:34:31,070
terminal condition, but the supervening
cause of his death was the morphine.
549
00:34:32,250 --> 00:34:33,250
Yes.
550
00:34:35,070 --> 00:34:40,510
And, according to your own testimony,
you increased the dosage with both the
551
00:34:40,510 --> 00:34:44,489
knowledge and the expectation that it
would terminate Mr. Fenwick's life.
552
00:34:44,790 --> 00:34:45,790
Correct?
553
00:34:46,090 --> 00:34:47,699
Yes. That is correct.
554
00:34:49,960 --> 00:34:50,960
Hmm.
555
00:34:53,659 --> 00:34:59,460
When Sheriff Brock, your husband, began
to investigate Mr. Fenwick's death, did
556
00:34:59,460 --> 00:35:01,180
you try to dissuade him from doing so?
557
00:35:02,060 --> 00:35:05,780
Well, I didn't want to put him in a
situation where... You told him Mr.
558
00:35:05,780 --> 00:35:06,780
died of the cancer.
559
00:35:07,020 --> 00:35:08,020
Natural causes.
560
00:35:09,200 --> 00:35:10,200
Yes.
561
00:35:11,080 --> 00:35:12,120
Yes, I said that.
562
00:35:13,240 --> 00:35:14,260
And that was a lie.
563
00:35:17,040 --> 00:35:21,840
Well, I didn't think... I knew that it
wasn't foul play.
564
00:35:22,620 --> 00:35:27,740
I didn't want Jimmy investigating,
causing more pain. So you chose not to
565
00:35:27,740 --> 00:35:28,740
him the truth.
566
00:35:33,280 --> 00:35:39,660
You concealed from the sheriff, your own
husband of 15 years, that you turned up
567
00:35:39,660 --> 00:35:40,660
the morphine drip.
568
00:35:40,740 --> 00:35:43,220
True? I already said that was true.
569
00:36:05,870 --> 00:36:12,690
Jill Brock stands on trial today only
because she tried to spare a dying
570
00:36:12,690 --> 00:36:15,170
man a few hours of horrible suffering.
571
00:36:15,790 --> 00:36:20,630
Now, make all the speeches you want
about policy and anarchy and
572
00:36:20,670 --> 00:36:26,590
but the simple truth is only that Harry
Fenwick was dying in agony.
573
00:36:27,170 --> 00:36:32,750
Dr. Brock helped him like doctors do all
the time. Now, it's usually done
574
00:36:32,750 --> 00:36:35,520
quietly. between family and physician.
575
00:36:36,020 --> 00:36:41,200
Usually it's kept secret because this
happens to be an area where the law and
576
00:36:41,200 --> 00:36:42,880
humanity are still apart.
577
00:36:43,820 --> 00:36:45,840
Some states are changing this.
578
00:36:46,140 --> 00:36:49,240
In Oregon, euthanasia is now legal.
579
00:36:49,580 --> 00:36:53,820
For other states such as Wisconsin, the
law still lags behind.
580
00:36:54,360 --> 00:36:59,320
So for people like Harry Fenwick, they
have to look to the doctor for
581
00:36:59,320 --> 00:37:02,400
compassion. Harry looked to Jill.
582
00:37:03,560 --> 00:37:10,160
You heard Carla Fenwick thank Jill for
giving her husband peace and dignity,
583
00:37:10,160 --> 00:37:11,520
ending his sufferings.
584
00:37:12,100 --> 00:37:13,540
She thanks her.
585
00:37:14,660 --> 00:37:17,200
Who are any of us to judge this woman?
586
00:37:17,660 --> 00:37:23,920
How could any judicial system be so
perverted as to subject this doctor to a
587
00:37:23,920 --> 00:37:30,100
trial for... I've never known
588
00:37:30,100 --> 00:37:32,000
such a tragedy.
589
00:37:50,990 --> 00:37:57,390
The arguments for or against legalized
euthanasia are very powerful and very
590
00:37:57,390 --> 00:37:58,390
complex.
591
00:37:59,390 --> 00:38:03,950
It's a debate, no doubt, that could keep
you in that deliberating room for a
592
00:38:03,950 --> 00:38:05,110
very long time.
593
00:38:06,750 --> 00:38:10,070
Fortunately, that's not your debate, at
least not today.
594
00:38:10,990 --> 00:38:15,850
For this proceeding, as Judge Bone will
instruct you, euthanasia is illegal.
595
00:38:16,590 --> 00:38:20,150
It is unlawful for a doctor to terminate
a patient's life.
596
00:38:20,680 --> 00:38:26,660
The only question before you, therefore,
is did Jill Brock commit this unlawful
597
00:38:26,660 --> 00:38:27,660
act?
598
00:38:28,460 --> 00:38:31,400
By her own admission, she did.
599
00:38:35,040 --> 00:38:39,760
Mr. Wambaugh eloquently argued the
heroic character of Dr.
600
00:38:40,040 --> 00:38:42,040
Brock. I take no issue.
601
00:38:43,160 --> 00:38:47,600
But Mr. Wambaugh's remarks are more
appropriately aimed at a sentencing
602
00:38:47,720 --> 00:38:49,140
How shall we punish her?
603
00:38:49,800 --> 00:38:55,780
That is not today's question. Today's
question is simply, did she commit the
604
00:38:55,780 --> 00:38:57,020
unlawful act?
605
00:38:58,060 --> 00:39:01,220
Once again, she admits that she did.
606
00:39:03,600 --> 00:39:10,540
Whether you accept our position or hers,
there is only one verdict you
607
00:39:10,540 --> 00:39:11,540
can return.
608
00:39:38,890 --> 00:39:40,170
I think you'd like to watch me eat.
609
00:39:42,110 --> 00:39:44,530
Maybe I wonder how you can eat.
610
00:39:45,450 --> 00:39:47,130
Or sleep, for that matter.
611
00:39:48,930 --> 00:39:52,890
You have to know, very little is served
by incarcerating Jill Brock.
612
00:39:53,470 --> 00:39:56,170
I keep coming back to why.
613
00:39:58,130 --> 00:40:00,650
Evidence is closed, counsel. It's in the
hands of the juries.
614
00:40:00,970 --> 00:40:02,150
So we can talk about it.
615
00:40:03,370 --> 00:40:07,250
Why take such a tough stance with this
crime of all crimes?
616
00:40:07,960 --> 00:40:09,460
The law against euthanasia.
617
00:40:10,700 --> 00:40:14,560
Mr. Wambaugh had his facts wrong when he
provided my introduction.
618
00:40:17,160 --> 00:40:18,640
My brother died of AIDS.
619
00:40:24,260 --> 00:40:29,000
It was a painful, very ungodly end.
620
00:40:31,000 --> 00:40:34,000
So don't you look at me as if I don't
understand.
621
00:40:34,940 --> 00:40:36,300
I understand.
622
00:40:38,510 --> 00:40:41,030
It would have been easy for me to help
him die.
623
00:40:41,890 --> 00:40:43,150
But it would have been wrong.
624
00:40:43,910 --> 00:40:48,050
It's unlawful for me and for Dr. Jill
Brock.
625
00:40:49,830 --> 00:40:52,530
That's fine, but if you make your point,
Dr.
626
00:40:52,770 --> 00:40:54,890
Jill Brock goes to jail.
627
00:40:56,090 --> 00:40:59,270
Which, as an officer of the court, I am
obligated to make happen.
628
00:41:00,010 --> 00:41:04,230
Until the law is changed, I prosecute
the Jill Brock's.
629
00:41:05,770 --> 00:41:07,170
You see, with me, Your Honor,
630
00:41:07,920 --> 00:41:08,920
The bone law.
631
00:41:10,980 --> 00:41:11,980
Never in effect.
632
00:41:16,240 --> 00:41:17,240
Judge.
633
00:41:18,120 --> 00:41:19,120
Jury's ready.
634
00:42:01,450 --> 00:42:03,830
Madam foreperson, has the jury reached
its verdict?
635
00:42:04,210 --> 00:42:05,210
We have, Your Honor.
636
00:42:05,830 --> 00:42:07,390
Will the defendant please rise?
637
00:42:13,590 --> 00:42:14,590
What say you?
638
00:42:15,370 --> 00:42:19,650
On the charge of voluntary manslaughter,
we find the defendant, Dr. Jill Brock,
639
00:42:19,890 --> 00:42:22,490
guilty as charged.
640
00:42:36,130 --> 00:42:39,150
Your Honor, we ask that you poll the
jury.
641
00:42:40,130 --> 00:42:45,010
Members of the jury, the clerk will call
your name, at which point you will rise
642
00:42:45,010 --> 00:42:47,210
and state your individual finding.
643
00:42:48,330 --> 00:42:49,330
Adams.
644
00:42:50,710 --> 00:42:51,710
Guilty.
645
00:42:52,210 --> 00:42:53,210
Berluti.
646
00:42:54,170 --> 00:42:55,170
Guilty.
647
00:42:55,550 --> 00:42:56,550
Jowers.
648
00:42:56,890 --> 00:42:58,610
Guilty. Mendel.
649
00:42:59,210 --> 00:43:00,210
Guilty.
650
00:43:00,650 --> 00:43:01,650
David?
651
00:43:02,470 --> 00:43:04,790
Guilty. Zeidman?
652
00:43:05,070 --> 00:43:07,790
Guilty. Robert?
653
00:43:08,210 --> 00:43:10,590
Guilty. Carrie?
654
00:43:10,890 --> 00:43:13,370
Guilty. Megan?
655
00:43:13,890 --> 00:43:14,910
Guilty.
656
00:43:15,650 --> 00:43:17,850
Aaron? Guilty.
657
00:43:18,250 --> 00:43:20,350
Boucher? Guilty.
51216
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