All language subtitles for law.and.order.s05e15.1080p.bluray.x264-segment

NARRATOR:
In the criminal justice system

the people are represented by two separate
yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

| told you, Susan. He's not in.
SUSAN: Do | look stupid?

He told you to say
he's not in.

I've got work to do.
I'll tell Mr. Parker...

You'll tell him
to get his ass out here. Now.

Do | have to call security?

| assume
he's told you the big news.

| don't know
what you're talking about.

The SOB is walking out!

Sixteen years,
and he's taking a hike!

Please calm down. | don't need to get in
the middle of this.

He killed my baby,
and he's taking a hike!

That's a hell of a boss
you've got!

Please lower your voice...
| wanna scream,

| will scream!

| want the world to know
all about my darling husband!

Come on, Mrs. Parker.
Get your hands off me.

{GUN COCKING)

| just want to talk
to my husband.

Get the hell out of here,
will you?

You're crazy!
I'm not crazy.

You murdering bastard!

Tell all these people!

He kills my baby,
and then he walks out!

I'm calling the cops.

{GUNS FIRING)

(PEOPLE SCREAMING)

(POLICE RADIO CHATTERING)

WALLACE: Twenty years
on the job down at the 2-7,

never once pulled my piece.

And | thought retirement
was gonna be boring.

Hey, | had to shoot,
you know.

The woman was off balance.
She wanted blood.

Anybody's in particular?
Her hubby, Mr. Parker.

First VP.
All right, stick around.

Yeah.

| thought they had a good marriage.
| was a little jealous.

| guess she wasn't
trying to scare him.

She was out of her skull,
you know what | mean?

Screaming like a maniac.

Was she screaming
anything specific?

Something about Mr. Parker
killing her baby.

| didn't even know
they had a baby.

| thought I'd wet my pants.

Oh, yeah, and she also said
that he was leaving her.

Surprise. Surprise.

If | had Known she'd react this way,
| never would have. ..

Never would have what,
Mr. Parker?

Sixteen years we were married,

and 10 of those
| wouldn't trade for anything.

Three weeks ago,

| moved out

into a hotel.

Witnesses said she was screaming about
you Killing her baby.

We'd been trying to
have a baby for five years.

Susan was obsessed.

She had a miscarriage.

She said you had something
to do with that.

Sure, it was my fault.

It was also your fault
and the mailman's

and the guy who sells watches
on the corner of 5th and 42nd.

Yeah, well, you're the one
she took the shot at.

Isn't it obvious
my wife wasn't rational?

| thought about leaving her
for months.

Yesterday,

my attorney
served her with papers.

Susan Parker, 40. DOA. Shot by
a security guard.

Smart money says
it was justifiable.

The DA okay with that?

It's pretty hard to argue
with 30 eyewitnesses.

This lady goes into a bank,
waves a .38 around.

Actually took a shot
at the husband.

He all right?
Yeah, he's a little shook up,

but he'll get over it

when he realizes how much money
he's saving on attorney's fees.

He was divorcing her.

What's this
about killing her baby?

She had a miscarriage.

Husband said she blamed
the whole world for it.

Yeah, well, it appears she was
a little more specific.

So what?
So, a middle-class woman

starts taking potshots
in a midtown bank.

There's gotta be
something more here.

The party's over.
| mean, she's dead.

Well, call me curious.

I'd like to know what put her in a position
to get that way.

Talk to the ME.

Talk to him about what?
Yeah.

She said he killed her baby.

Maybe she was saner than her husband
would have us believe.

| told you on the phone | haven't completed
the full autopsy.

But you did do a prelim.

Cause of death,
.38 in the back. You happy?

What about bruises?

Those bank floors are hard.
| wouldn't be surprised.

Well, we're thinking maybe there were some
that were caused

by a more human source.

Look, you wanna give me a break? I've gotta be
in court in two hours.

So, what's it gonna take? Two seconds
for you to look at the chart?

Yes. Preliminary examination
revealed recent contusions.

Consistent with a beating?
That's right.

Now, if you don't mind.

| already told you
my wife had a miscarriage.

Maybe | should
get my attorney over here.

Do you think you need one?

Mr. Parker, the ME found bruises
on your wife's body.

We're just interested in finding out
how they got there.

How should | know?
Look what happened.

My wife wasn't exactly rational.
Yeah,

and Grandma always said
a smack in the head

was the best cure
for the crazies.

Look.

All my wife talked about
was having a baby.

Her kid sister had three.
All her friends...

The more we tried,
the more desperate she got.

Something worked.
Oh.

Thank you, Dr. Gilbert.

Some fertility expert.

Thermometers, rushing home from work
in the middle of the day.

We weren't making love,
we were on a mission.

Listen,
let me be straight with you.

Now, we heard that your wife said
that you killed her baby.

The ME found bruises
on your wife's body.

So, tell us what it's about,
Mr. Parker.

Let me tell you about my wife.

She was crazy ever since she got on
the baby kick.

And then the great
Dr. Jordan Gilbert

starts pumping her
full of hormones every week.

It didn't exactly help
her mental health.

Did you get impatient with her? Maybe give her
a little incentive?

After the miscarriage,

Susan was
totally out of control.

| tried to comfort her, be with her. | mean,
it was my baby, you know.

But all she wanted to do was start again with Gilbert
and the hormone shots.

| couldn't live like that
anymore. Nobody could.

And you moved out?

Yeah, | started packing,
and she attacked me.

| lost my temper, but | swear
all | did was push her away.

(HORNS HONKING)
Well.

He's, what, 6'2"?

She's 5'3", tops. How hard did he have to
push her?

5'3" and pumped
full of estrogen.

Right. And a woman
can't be elected President

because once a month she might freak
and push the button.

Hey, once a month
Gloria can't get out of bed,

and that's just with the hormones
God gave her.

You know, Parker said his wife was taking
those shots for a long time.

Maybe this isn't the first time
he lost his temper.

Let's go talk
to this Dr. Gilbert.

(BABY CRYING)

My gallery of babies.

We try to encourage my people

to send birth announcements
and baby pictures.

The Parkers' baby would have been
on this wall right here.

About Susan Parker, Doctor.

The last time you saw her...
It happens.

Excuse me?
The miscarriage.

She came in panicked about two weeks ago.
She was bleeding.

There was nothing | could do.

Susan didn't take it
very well.

Well, that's understandable.

Susan had a tendency
to overreact.

The treatments didn't help.

You talking about
the hormones?

It aids in conception, yes.

My heart really
went out to her.

She kept screaming,
telling me | was wrong.

Unfortunately, | wasn't wrong.
It's traumatic,

but it would have been much worse later
in the pregnancy.

Susan was only
eight and a half weeks.

Do you know exactly
what caused the miscarriage?

It's hard to say.

She was too emotional
for a complete exam.

It could have been many things. My patients
are typically high-risk.

LOGAN: You saw her
once a week, right?

Did you notice any bruises that
shouldn't have been there?

What are you saying?

You think her husband beat her up?
Brandon?

Yes, there were problems
in the marriage, but abuse?

Susan would've told me.

Well, maybe she wasn't
all that proud of it.

The women who come to me
want to get pregnant.

I'm the last resort.
| Know everything about them.

When and what they eat,
how much they sleep,

what kind of nail polish
they use.

Is that important?

Everything is important

when you want to get pregnant.

Keeping secrets from me
would be counterproductive.

It would be
like going to confession

and not telling
the whole truth.

You may want it
more than life itself,

but you're not
getting absolution.

The nuns at my school were less sanctimonious
than that guy.

Your nuns never went
to medical school.

You know those MD plates gets you a better parking spot
in heaven.

Hey, with the fetus
less than three months old,

even if Parker beat his wife
to a pulp,

he didn't commit a murder.

Let's get back
to our real jobs.

Hey, Van Buren wants us to check it out
for spousal abuse.

Think of it like a vacation.

First of all, we don't have
a complaining witness.

Second of all, we just heard
from the mouth of God

that the husband was a saint.

Well, God never gave her
a full exam.

Now, something caused
that miscarriage.

Let's see if Coyle
can fit us in.

Well, you were right.
She was in some kind of fight.

Well, bottom line it for us,
Coyle.

Was Susan Parker the attacker
or the attackee?

Let me show you.

I'm Mrs. Parker. | go at you,

SO you grasp my wrists tight
and hold them away from you.

Now, I'm struggling.

| want to
scratch your eyes out,

but you push me away,
and | land on my butt,

banging my elbows
on the floor.

The deceased had hematomas on her wrists,
right where you grabbed me.

Her left elbow and buttock
revealed contusions

probably from falling
on the floor.

And you have no old bruises
or broken ribs?

Sorry.

So,
Parker's telling the truth.

Are you sure there was nothing on her chest
or her stomach?

Something that would cause her
to lose her baby?

Baby?

What baby?
This lady was never pregnant.

What do you mean
she wasn't pregnant?

The ME's absolutely positive,
Mr. Parker.

My God!

Are you sure Gilbert told your wife
she was pregnant?

He told her, all right. | was standing there
when he did.

Gilbert told us
the same thing.

You're going to arrest him,
right?

There's nothing
we'd like better.

What are you saying?

The bottom line is all Gilbert did is lie to
your wife. It's not a crime.

Lying's not a crime.
He took our money. It's fraud.

Only if he knew
his treatment wouldn't work.

The truth is
none of us know what happened.

It could have been
a simple misdiagnosis.

Doctors make mistakes.
Oh, some mistake.

First he makes her crazy.
Then he gets her killed.

And you can't do anything
about it!

Well, that's just great.

You know, this doctor could have
one hell of a scam going.

Think about it.

He takes the big fees, and he pumps his patients
full of this HCG stuff.

It doesn't work.
They start to get antsy,

so he tells them what they want to hear,
they're pregnant.

A couple of weeks later,

"Sorry, you lost the baby. Too bad.
These things happen.”

Then he starts all over again

and so do the big fees.

The problem is Mrs. Parker
isn't available to testify.

This doctor
has other patients, right?

I'm sure he'll be happy
to send us his list.

He will
if a judge tells him to.

He convinced this woman
she was pregnant.

And she wasn't?
No.

Isn't it possible
he made a mistake?

Well, | don't think so.

He obviously showed her
someone else's sonogram.

And there's a crime here?

There is if it's part
of a scheme to defraud.

Gilbert could be
selling pregnancies

like some con man
hawking swampland in Florida.

And what do you want?

A subpoena for his patients’
medical records.

| want to see if there were
any other false miscarriages.

You know
| can't violate privilege.

If we're right,
he's committing a felony.

His medical records were never privileged
in the first place.

So,
| have to violate privilege

to prove criminal activity
in order to destroy privilege.

Running in circles
makes me dizzy, Counselor.

If we can just talk
to these women,

I'm sure the last thing
they'll scream is privilege.

{SIGHS)

I'll give you your subpoena,
Counselor,

but only
for the express purpose

of getting the names
of Dr. Gilbert's patients

who allegedly miscarried.

Barbara Goodman,
43. Marian Combs, 45.

Sharon Lowe, 46.

Nothing like waiting
till the last minute.

Maybe they had
something better to do.

You know, if | didn't already know
you don't have kids,

I'd know you don't have kids.

I'm just saying, Lennie, women are allowed
to have other priorities.

It's a long way from the '50s.

Yeah, and those other priorities are keeping
Dr. Gilbert in business.

| got 23 names
that had miscarriages.

| already got 26.

That ought to be enough.

Hell, | could party
with the best of them.

There was always time
for kids later.

When Mr. Right comes along?

Mr. Right's whoever you happen to end up with
when you run out of gas.

Mine's an investment banker.

All | had to do
was give him a son.

Problem is it's not as easy
as they taught us in sex ed.

You did have a miscarriage, right?
Two.

After the first, my friend Clara Brock
told me about Dr. Gilbert.

She was in the same boat, and he'd worked wonders
for her.

Were you taking his HCG hormones
when you had the second one?

| started hemorrhaging
on the E train.

Strangers took me
to Saint Vincent's.

Are you're still trying?

I'm 42 years old.

What the hell?

Selling expensive dresses
is plenty fulfilling.

It blew us away.

We are so excited,
we can't stand it.

BRISCOE: Thank you.
Sit.

We're in our eighth month.
It's like a miracle.

We owe it all to Dr. Gilbert.

According to records,
you had a miscarriage.

Yeah, once on the Nautilus.

Dr. Gilbert insisted
| stop working out.

Were you on the hormone treatments
at the time?

Infertility wasn't my problem.

We had to find someone
to fertilize Beth's eggs,

and Gilbert had the answer.
Donor number 2133x.

Artificial insemination.

It's the best relationship
| ever had with a man.

| thought it was
supposed to be anonymous.

That's exactly my point.

| gotta ask you, don't you ever wonder?
Why would |?

Dr. Gilbert assured us
the donor's healthy.

Well, | just hope
he didn't get around too much.

Dr. Gilbert told us a donor's sperm
is used four times, tops.

In a city of eight million,

what are the odds our son will ever meet
one of his sisters,

let alone have a baby
with her?

Look, we couldn't find out who the father was
even if we wanted to.

It's strictly confidential.

All we know is he doesn't smoke.
He doesn't drink.

No criminal record,

and he's a Roman Catholic.

Don't forget
he's got Bette Davis eyes.

Brother, and | thought | had it bad being brought up
by two alcoholics.

| wonder which mommy's gonna teach him
to smoke and drink.

And shave.

Well, it's the '90s.

Everybody's allowed to be gross and disgusting,
not just you.

Well, all | know
is |had one mommy;,

and she did enough ball-breaking
for one lifetime.

Hey, what was that
party animal's name?

The one that recommended
Dr. Gilbert.

Clara Brock.

Yeah, she had a miscarriage,
right? That's what she said.

Her name's not on the list.

So, | took Dr. Gilbert's hormone treatments
for two years.

Well,
| guess it finally worked.

CHILD: No.
Well, not that well.

It took forever to conceive, and then | had
several miscarriages.

It was the most
traumatic time of my life.

You miscarried while you were
taking the hormone treatments?

Two months after | stopped,
along comes Bobby.

You know,
your friend Christine Kennedy

says you conceived by artificial insemination,
right?

Actually, it was in vitro.

My egg was fertilized
with my husband's sperm

outside of my uterus.

The rest of the process
was perfectly normal.

Excuse me, it's 12:30. We can't be late
for Mommy and Me.

(BABY CRYING)

She takes the hormone treatment
for two years,

stops and then gets pregnant?

I'm starting to wonder
if this stuff ever works.

Here's one.

Three years of hormone treatments,
nothing.

You'd think she'd catch on.

Hey, I'm still waiting for Ed McMahon
to show up at my door.

The louder
the biological clock ticks,

the richer Dr. Gilbert gets.

Here's one.
Six months on the juice,

twins.

Could be
Gilbert just got lucky.

The two girlfriends?

Who'd they say the donor was?

Donor number 2133x.

| just found
the baby's half brother.

John Joseph Desouza.

He lives down the block
from them.

You think we should tell them?

What's the point? He might not have
Bette Davis eyes.

Wait a minute,

here's another one.

Donor number 2133x.

This guy gets around.

A little more than he should.

| got three more.
You're kidding.

| got one.

| got two.

Didn't Dr. Gilbert
tell his patients

he only used
each donor four times?

Oh, my God.

It's like bad science fiction.

Are you absolutely sure?

There are 42 women
artificially inseminated

with the same donor's sperm.

I've gotta believe they expected
a little variation.

We're talking fraud.

And we'd have a great case if we actually knew about
any of this.

Excuse me?
We have the medical records.

Forty-two babies
can call Mr. 2133x Daddy.

Only the subpoena was limited.

We were entitled to use
the medical records

to obtain the names of women with miscarriages.
Period.

Outside of that, everything on those records
is inadmissible.

Unless we get a judge
with a little common sense.

If | allow you to bring charges based on what you got
and where you got it,

I'd be looking
at a sure-fire reversal.

Now, I'm sure you know this hasn't been
a very good year.

What about
inevitable discovery?

The only thing
that's inevitable

is that you wouldn't have
given a second thought

to this artificial
insemination

but for the unlawful use
of medical records.

Most of the 42 babies
live in the Upper West Side.

They'll grow up together,
go to the same schools...

I've seen Deliverance, Claire.

Now, look, | can bend as far right
as the next guy in a robe

when a cop pushes the envelope
or a prosecutor screws up,

but doctor-patient privilege,
that's another ball game.

I'm sorry,
but there's no way around it.

Fine.

Look, I'm the only one
in the DA's office

who knows
what Dr. Gilbert's up to.

I'll set up a Chinese wall.

Someone else in the office
will handle the case.

And you'll cross your heart
hot to talk to them about it?

No.

But | will sign an affidavit swearing not to communicate
in any way

with the new attorney regarding the unlawfully
obtained material.

If you even peek
over the wall, Counselor,

you can kiss
your license goodbye.

Chinese wall?
And he actually bought it?

As long as | signed
my life away.

| tell anyone anything
that | know,

I'm on the express train
to the Disciplinary Committee.

Is it worth it?

Yeah, it's worth it.

So, who do we send
on this wild-goose chase?

Well, | don't remember seeing any vacation memos
with your name on it.

Ms. Kincaid goes out on alimb, she puts
her career on the line.

It must be comforting to her

to know that she's got
90% of your support.

You'll take
the Dworkin severance motion?

Judge Spivack,
Part 93, tomorrow at 9:30.

You got it.

And I'll go chase my tail.

Start by using your head.

The cops were investigating
another fraud

when they hit the motherlode.

Now, what's the first thing you think of when you hear
the word "fraud"?

Financial records.

| don't give a damn
what it says.

I'm not giving you anything
until my attorney gets here.

You can be held
in contempt, sir.

| understand everyone being upset over
what happened to Susan Parker.

Believe me, | feel for her
more than you can imagine.

But disrupting my practice? Well,
if you have nothing to hide...

My patients expect
some sort of privacy.

They rely on it,
for God's sake.

Thank God.

Michael, will you tell me
what's going on here?

Mr. McCoy, I'm Michael Aronson.
| represent Dr. Gilbert.

Good. Then you can explain
to your client

the meaning
of a subpoena duces tecum.

We've been though this
once already

with someone from your office
named Kincaid.

Don't you people
talk to each other?

If you'd read the subpoena,
you'll see that this time

we're asking for Dr. Gilbert's
financial records.

I've been practising medicine
for 28 years.

How dare you... Now, it's all right,
Jordan. It's all right.

We'll give them the documents.

And while they're reading them, I'll be drafting
my complaint for harassment.

Well, Claire convinced Spivack

to dismiss
the severance motion.

The Dworkins
will be tried together.

Lucky her.

No wild geese?

Well,
Gilbert made a lot of money.

Some of these women
paid him more than $50,000.

If you're going to be desperate,
you might as well be rich.

| checked with other
infertility doctors.

His fees are not
out of line.

Just a minute.

Three years ago,
Gilbert collected $650,000.

Last year,
he was down to $580,000.

Recession's been rough
on everybody.

Yeah, but his net profits
went up, Adam.

And his expenses went down.
That's right.

And the biggest drop
was in laboratory costs.

HIV tests on donor's sperm

for patients undergoing
artificial insemination,

$75,000 in '91.

And down to zero last year.

Could be that the labs are billing
the patients direct.

Or else he's playing Russian roulette
with these babies' lives.

There are perhaps seven reputable infertility
clinics in the five boroughs.

As far as | know, we do the testing
for all of them.

You did the work for Dr. Gilbert, too,
didn't you?

He was high volume.

When he dropped maybe 75%
three years ago,

| figured
his business was off.

Then two years ago
he went down to zero.

| assumed he found some out-of-town lab
to do the work.

Or he decided it wasn't necessary
to keep testing.

Well, then,
| hope he has a good lawyer.

Do you know what the odds
of having an infected baby are

if an egg is fertilized
by an HIV-positive sperm?

You don't want to know.

People are paranoid,

and for good reason.

Why is the testing
so expensive?

Well, the way it works is,

we receive the donor sperm.
We freeze it for 60 days,

then we test it.

It is expensive
and time-consuming,

but it's also the safest way
known to medical science.

Open up medical records?

I'm sure you've heard
of doctor-patient privilege.

Which is supposed to
protect the patient.

There's a possibility
that Dr. Gilbert

was using infected sperm.

Infected as in...

Dr. Gilbert stopped running HIV tests
on donor sperm two years ago.

My God.

This is a licensed physician?

If any of the babies
are infected,

Gilbert's acting
with reckless disregard.

It's a crime.
It can't be privileged.

And if none of them
are infected?

We have disregarded
one of the tenets

of personal freedom.

Somehow | think the parents
will thank us for it.

It can't be.

You're wrong.

| hope | am, too, Mrs. Cooper,
but | think we should be safe.

A blood test...

Dr. Gilbert told us
that the donor was healthy.

We didn't have to worry.

We have reason to believe

that Dr. Gilbert
has been less than honest.

No.

He gave us Dennis.

He wouldn't lie.
He couldn't...

| don't have to listen to you.

No, you don't.

But if it were my son...

There are times
when | love this job.

Thirty-one blood samples.
All HIV-negative.

Thank you for small favors.

| should tell the parents.

No need. | already received
17 bottles of champagne

and eight bottles of Scotch.

The bearer of good news.

Well, it wasn't all good.

It's the strangest thing. Twenty-five of these babies
are CF carriers.

What's CF?
Cystic fibrosis.

It's a recessive trait,
like blue eyes.

They'll never show
any symptoms,

but if they happen to make babies
with another carrier...

The disease will show up.

Two carriers connect,

it's a one-in-four chance
the kid'll be affected.

CF carriers are a very small part of the population,
but still it's a risk.

If they're a small
part of the population,

isn't it odd that so many of these babies
are carriers?

Well, it's either cause
for an article

in The New England Journal
of Medicine, or...

They're all related.

It looks like the Chinese wall
just came tumbling down.

You talk. | can't.

At least 25
of Dr. Gilbert's patients

were inseminated
with the same sperm.

Thank God.

I'll buy the champagne.
You'll buy the whole dinner.

There's no way these women
would have agreed to this.

I'm sure
we can make a case for fraud.

Is that all you found?

There's more?
A lot.

Dr. Gilbert stopped testing the sperm
for the HIV virus.

Oh, my God.

Fortunately, not one of the babies
is infected.

But | was thinking, why would someone
as smart as Dr. Gilbert

take such an enormous risk?

One infected baby, his entire practice
heads south.

He was lucky the donor
was healthy.

Or he was Sure.

Come on, Jack.

| have seen at least 12 public service
announcements a day

telling me that's impossible.
Think about it.

In this day and age, how could you be sure
of anyone?

The son of a bitch
is using his own sperm.

| just bought a round for two justices
of the Court of Appeals.

This better be good.

It's about Dr. Gilbert, sir. Oh, right.
Your baby doctor.

Mr. McCoy, working independently,
uncovered concrete evidence

that 25 babies were conceived
by the same donor sperm.

And what?

Twenty-six is on the way?

Look, this can wait
until morning.

We have good reason to believe that
that donor is Dr. Gilbert.

And you didn't give him even a little push
in the right direction?

Not even a nudge.

As we have both sworn
in these affidavits.

Now, that's very interesting.

And, granted,
lam on my third martini,

but | don't really see
what this has to do with me.

We want to arrest Gilbert.

There's nothing I'd like more.

The problem is

he hasn't done anything
that even smells criminal.

Judge lanello may drink too much,
but he's right.

If it turns out to be true, what Gilbert
did is disgusting,

but there's nothing in the penal code
that says he can't do it.

He manipulated these women.

He lied to them,

and one of them wound up dead
because of him.

You can't prove causation.

Man promised them a baby.
He gave them one.

He didn't promise them
his baby.

From what | understand, the contract calls for an
anonymous donor.

It's possible
that Gilbert is an SOB,

but so far, unfortunately,
he's an anonymous SOB.

Wait a minute.
At least one of his patients,

Clara Brock,

she didn't contract
for an anonymous donor.

She thought she was being impregnated
by her husband's sperm.

That's just great.

I'm sure the Brocks will be thrilled
to hear about this.

| don't believe this.

It can't be.

You should just go.

CLAIRE: We're sorry, but...

No, Dr. Lang told us
that Gilbert was the best.

Do you have any evidence?

We have good reason to believe.
You believe?

Well, I'll tell you what.

You don't come here and tell me
that Bobby's not my boy

until you are damn sure.

A blood test would give us
all the proof we'd need.

What the hell good
would that do?

| realize this is a difficult situation,
Mr. Brock,

but Dr. Gilbert
has to be stopped.

With your testimony, we could put him in prison
for fraud.

Nathan's parents
were here yesterday.

Bobby's their
only grandchild.

How can we tell them
that Bobby's...

How can we tell Bobby?
We're not telling anybody.

You want him in prison,

you'll do it without us.

Larceny by false promise.

We need someone to testify
that Gilbert lied.

We could subpoena the Brocks.

And they'd ignore it.

The son of a bitch lied to his patients.
He defrauded them.

Hell, one's even dead
because of him.

Yeah, he belongs in jail,

but without a little help from the Brocks
or from the penal law,

there's nothing we can do.

| Know we've dropped cases before,
Jack, but this one...

Hey,

we've got a blood sample
from the Brocks' baby, right?

Yeah.

If we could get Gilbert
to take a blood test,

we could prove
he's the actual father.

ARONSON: The Fourth Amendment.

Last | looked,
it protected one's person

against unreasonable searches
and seizures.

The Supreme Court
has repeatedly held

that the individual's right
against bodily intrusions

should be weighed against
the society's interests

in conducting the search.

Every day
the police draw blood

to determine if a suspect
is driving while intoxicated.

Yes, but only when the driver
appears to be drunk.

It's called probable cause.

And it's noticeably
lacking here.

Medical records
show that Dr. Gilbert

used sperm from the same donor
at least 20 times.

There's absolutely no evidence that that donor is my client,
Your Honor.

Mr. McCoy?

It's the only logical conclusion,
Your Honor.

JUDGE STEIN: This is a criminal prosecution,
Mr. McCoy.

Before | authorize a scavenger hunt
on aman's body,

I'll need some evidence tending to implicate him
in that crime.

The defense motion to quash the subpoena
is granted.

JACK: It's the perfect scam.

His marks thank him, and the judicial system
protects him.

Babies cooked up
in laboratories.

Not everyone is able to procreate
the old-fashioned way.

| have no problem
with science, young lady.

| just wish it would take a breather now and then
to let the law catch up.

JACK: Maybe we're looking
at the wrong law.

If Dr. Gilbert really did
use his own sperm,

then the contract between him and the Brocks
is null and void.

Under civil law,

he's the de facto and the de jure father
of that child,

and with that comes a whole boatload
of legal obligations,

including child support.

Excellent.

The Brocks won't testify,
and what are you gonna do,

cross-examine a test tube?

CLAIRE:
We don't need the Brocks.

Child support is the right of the child,
not the parent.

And the burden in family court is much lighter
than criminal court.

No, I'll tell you what we do.

Get Ms. Kincaid
appointed guardian ad litem

to sue for paternity
on the baby's behallf.

The first step in a paternity suit
is a blood test.

And if it says what we think it does,
we nail the son of a bitch.

CLAIRE:
And what led you to conclude

that Dr. Gilbert
was the father of Baby Doe?

After testing the blood
of 31 babies

artificially conceived
in Dr. Gilbert's office,

our lab informed us
that it was extremely likely

that the sperm of only one donor
had been used.

Further investigation
of Dr. Gilbert's finances

showed that he had
stopped paying

both for sperm donors

and for HIV testing
of the sperm.

It was the only
logical conclusion.

Thank you, Mr. McCoy.

Why isn't the baby's mother here,
Mr. McCoy?

Under the circumstances,
her testimony isn't relevant.

Well, you'd think she'd be a little interested
about the results.

This suit is brought
on behalf of the baby.

Oh, | see.

Is the baby lacking for money?
No.

For food or shelter?
No.

Would you consider Baby Doe's mother
in any way inadequate?

| don't think that's in any way relevant
to this case.

Oh, it's very relevant,
Mr. McCoy.

You see,
on this side of Center Street,

all that's relevant
is the baby's best interests.

I'm aware of that.

And in your opinion,

this baby would somehow benefit
from this litigation?

Yes, | believe that's true.

Considering the mother
doesn't give a damn,

I'd say
that's pretty arrogant of you.

Arrogant?

Arrogant is trying to start your own race
of people.

Move to strike.
Sustained.

GILBERT: I'd say
over the past 10 years,

somewhere in the neighborhood
of 300 babies

were conceived in my office through
artificial insemination.

And in these 300 cases,

has a mother ever requested the identification
of the donor?

On the contrary.

After the health of the baby,

a mother's primary concern is usually the anonymity
of the donor.

In cases when the patient's husband's sperm
is used,

has anyone ever questioned
the heredity of the baby?

No.

Was Baby Doe the result of fertilizing her mother's
egg with her father's sperm?

I'm sorry.

My hands are tied
by confidentiality.

| cannot in good conscience
answer that question.

Thank you.

Hypothetically, Doctor,

if a husband's sperm is used, is it typically tested
for the HIV virus?

No.

It's simpler to run blood tests on the father
before the procedure.

| see.

Do you also test to see if the father
is a cystic fibrosis carrier?

No, | don't.

Would that be considered
by some to be negligent?

The people who come
to my office want a baby.

| doubt it would stop any of them even
if they knew for a fact

the father was a carrier.
Besides, CF only affects

a miniscule portion
of the population at large.

That's odd,

because 25 out of the 31 babies
conceived in your office

through artificial insemination over
the past two years

are carriers.

How do you explain that?

Answer the question, Doctor.

| can't explain it.

Then, we'll let your blood
do your talking for you.

| order you to undergo a paternity test
within the next two weeks.

Nothing like a little forum shopping, Jack.
Whatever it takes.

My office will contact you
with the name of a doctor.

I'll save you the time.

We'll stipulate that Dr. Gilbert
is the baby's father.

In that case, he's under arrest for larceny
by false promise.

Yeah, right.

And that'll last
for all of about two seconds.

No way this gets past
a motion to dismiss.

The indictment is deficient on its face,
Your Honor.

The grand jury didn't think so.
The grand jury?

Twenty-three blind men following the Pied Piper
out of Hamelin.

I'm glad you have
so much respect

for our judicial system,
Mr. Aronson.

Oh, let's not be naive.

The state tells them
to indict, they indict,

the sufficiency of the evidence
notwithstanding.

Just so long as they can get home
in time for Oprah.

There's sufficient evidence to indict your client
for felony larceny.

Excuse me. The charge is
larceny by false promise.

Show me one instance in the transcript
where one witness claims

that Dr. Gilbert lied
about anything.

JACK: The grand jury
can infer whatever it likes.

Hold on. Are you saying that the parents
didn't testify?

It's a difficult situation, Your Honor.
You're damn right it is,

and it's getting
more difficult for you.

Legally, | don't need
their testimony.

That's right,
on a law school exam.

In the real world, a fraud trial without
the testimony of the victims

ends in a mistrial.

They don't get on the stand,
we don't go to court.

These people
have a right to privacy.

And my client has a right
to confront his accusers.

| think we can make everyone happy
if we close the courtroom.

Seal the records.

She makes a very good point,
Counselor.

The public
has a right to know.

Well, you can talk to the press
anytime you like,

just keep the Brocks' name
out of it.

My clerk will contact you about the first free date
for a trial.

Nice move, Claire.

Now all we have to do
is get the Brocks to testify.

Look, we already told you once, we are not going
into a courtroom.

We can arrange for it
to be completely anonymous.

If you prefer,
you can wear disguises.

The press will not be there.
The records will be sealed.

Why can't you use
someone else?

You said
there were lots of others.

We can't establish fraud
with the others.

What is it with you people?

You don't think twice about destroying
people's lives?

| sympathize with you, Mr. Brock, and | think
| can keep your privacy.

But even if | can't, so what?

So your parents find out that Bobby is not
your natural child.

So Bobby finds out.

There are a lot of
adopted babies in this world.

Their lives
aren't exactly ruined.

You have no idea
what you're talking about.

We know
we have to stop Dr. Gilbert.

Doctors?
They're worse than you people.

They think they know what's good for you,
what's right.

They don't know anything.
Clara, be quiet.

Now, you get the hell out of here and leave us alone.
Get out. Get out.

Best-laid plans.

Our chances of getting them to testify are zip,
and you saw them.

Yes, | did see them. And there's something else
going on there.

"Doctors don't Know what's good for us.
They don't know what's right."

What the hell
was that all about?

Gilbert burned them pretty badly. | can understand
her bent for hyperbole.

Somehow | don't think Mrs. Brock was referring
to Dr. Gilbert.

Humor me.

Talk to the doctor
that sent them to Gilbert.

The Brocks are good people. | just wish
| could've helped them.

You sent them to Dr. Gilbert.
They had a baby.

Bobby. Beautiful little boy.

The problem was
their daughter, Debra.

The Brocks have a daughter?
Had.

Died last year. Leukemia.
Eight years old.

That's why
| sent them to Gilbert.

If only Bobby's marrow had matched, maybe
| could have done something.

What are you saying? Neither of the Brocks
were a match.

There was a chance that if they had
another child...

Wait a minute. Are you saying the only reason
the Brocks had a baby

was to use his bone marrow
in a transplant?

They were trying to save
their daughter's life.

No wonder
their lips are sealed.

They don't want their son
to discover one day

they only bought him
for the parts.

CLAIRE: This is great.

Gilbert committed
felony larceny,

and we can't make a case because of his victims’
feelings of guilt.

We can't make a case for fraud.
How about murder?

Well, legally he's not responsible for Susan Parker's
getting shot.

I'm not talking about Susan Parker. I'm talking
about the Brocks' daughter.

The fact that the father’s sperm
was not used

has to have significantly
lowered the possibility

of the baby's marrow
being a match.

Significantly lowered, yeah.

Well, think about it, Adam.

You see a man drowning.

You tell the lifeguard, "Don't worry about it,
I'll save him,"

knowing that you're not
such a good swimmer.

And the man drowns.

Reckless disregard.
At best, a long shot.

Have Gilbert come into my office
tomorrow at 9:30.

Murder two.

You're on drugs, right?

The Brocks' daughter
might still be alive today

were it not for the reckless disregard
for human life

shown by your client.
That's nonsense.

Even if | used
the father's sperm,

there's no guarantee
of a match.

The statute says
you're guilty if your actions

cause a "grave risk of death."

Your lawyer will explain to you that that's a matter
for the jury.

And I'll parade a dozen experts
into the courtroom

to say
there's no cause-in-fact.

It's all the reasonable doubt | need.
Fine.

But just consider what will happen
to reasonable doubt

when the jury hears

how the good doctor here was trying to populate
the world by himself.

What will they think when | tell them
about Susan Parker

lying dead on the floor of a bank because of one
of his little lies?

And how will they actually
react to the news

that the Brocks might not have had to bury
their eight-year-old daughter

were it not
for your client's gall

or ego

or complete disregard
for human decency?

ARONSON: All very persuasive,
Counselor.

You have one slight problem.
You can't testify.

Go ahead. Go to trial.

Without witnesses, they'll laugh you
out of the court.

You're a doctor.

You're supposed to
help these people.

These women
come to me barren,

starved for the feeling of life growing
inside their bodies.

Their husbands can't give it to them,
neither can their lovers.

Just me.

I'm sure your children are not
what they bargained for.

| think you'd be surprised.

| think you flatter yourself.

| create something

where nothing was before.

God doesn't make babies,
Mr. McCoy.

| do.

We might be able
to convince a jury.

And be reversed on appeal.

So, we drop it?
For now.

Do you think we'll ever find someone
who'll testify against him?

Jesus had his Judas.

And he's not Jesus.