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In the criminal justice system
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00:00:08,000 --> 00:00:11,910
the people are represented
by two separate
yet equally important groups,
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00:00:11,970 --> 00:00:13,740
the police
who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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Morning.
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Morning, Jess.
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Looks like somebody's
ready for a nap.
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Yeah. If I'm lucky.
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The more tired she is,
the more she fights it.
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Excuse me.
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Peace be with you.
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Let us pray.
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Dear Father,
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we gather together,
one family,
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in the presence
of your love.
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We ask you to
open our hearts
and our minds
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so that
we may be at peace.
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We ask you to
grant us courage,
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so that we may
stand up to adversity
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and seek out
justice and truth.
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We ask you to delight in
our laughter in times...
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Dr. Walter Benning,
shot once, back of
the head,
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during opening prayers.
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Anyone not have
their head bowed?
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Parishioner on
a cigarette break
saw a white male
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run out of the church,
drive away
in a dark blue sedan.
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Oh, thank heaven
for smokers.
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One 9mm
shell casing there,
no sign of any weapon.
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Except for the one
that the doctor's packing.
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He's also wearing
a bullet proof vest.
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A lot of precaution for
Sunday service.
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Doc has
reason to be careful,
he's taken a bullet before.
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It has to be said.
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Can I get a witness?
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One person was facing the
congregation during prayers.
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No. I'm sorry.
My eyes were closed.
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And when I heard the shot,
I hit the floor.
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I don't have
Dr. Benning's courage.
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What courage is that?
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Dr. Benning was
an abortion provider,
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specialized in
the toughest cases,
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third trimester.
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He was one of the few
willing to risk his
own safety.
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A lot of Christians would
consider what he did murder.
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Any of your members
believe in an eye
for an eye?
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Our church
advocates tolerance.
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Benning's been
coming to services here
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without incident,
for the last 10 years.
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A devout abortionist.
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00:02:59,810 --> 00:03:03,270
Walter Benning believed
he was doing the Lord's work.
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Prayed to
the same God
as the rest of us.
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He should have prayed
a little louder.
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I begged Walter to
stop the abortions,
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but he was stubborn.
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Where was his practice?
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He had an office in Manhattan.
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But he did the abortions
at his clinic in Riverdale.
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That's where they
shot him last year.
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Did they catch
the assailant?
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A pro-lifer.
She's in prison upstate.
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Now one of those
zealots came back
to finish the job.
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Hi, Mrs. Benning,
I'm Lieutenant Van Buren.
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I'm very sorry
about your husband.
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You have my assurance
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we'll do everything
to find his murderer.
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These people,
they call themselves godly,
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shooting a man
while he prays.
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I'm sorry.
I have to make
the arrangements.
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We are talking about
the usual suspects
here, right?
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The only suspects,
according to the wife.
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Well, check
with Benning's staff,
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maybe our shooter
tipped his hand.
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00:05:01,360 --> 00:05:03,300
Chemo must be
a real picnic.
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- God loves children!
- God loves children!
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The merchants complained
the protestors were hogging
the parking spaces.
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The landlord hired us to
enforce the two hour
parking limit.
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You're out here all day.
You hear things?
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Any of
these pro-lifers
make violent threats?
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Maybe flash a gun?
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00:05:18,980 --> 00:05:20,170
Not this bunch.
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Mission for Life,
they just do a lot
of griping and chanting.
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The security cameras,
who owns them?
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Landlord put them up
on the cheap, mostly
for show.
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Thanks.
Mmm.
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Mission for Life are fanatics,
but they had
a grudging respect for Walter.
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Didn't one of them
try to kill him
last year?
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In the parking lot, but she
wasn't with Mission for Life.
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If you can believe it,
those fanatics held
the shooter
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until the police came.
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I can believe it.
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What kind of threats
had Dr. Benning been
attracting lately?
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Attracting?
You make it sound like
he was doing it on purpose.
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I don't think that's
what my partner
was saying.
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He was providing
late-term abortions.
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That's a lightning rod
for trouble.
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Detective, New York state law
allows for abortions after
24 weeks
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if the life of
the mother is at risk.
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Yes, I know the law.
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Are you saying that every
abortion here was because
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a mother's life
was in danger?
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I'm saying
ending a pregnancy
in the third trimester
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is an agonizing decision.
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Our patients had
prenatal diagnoses
of genetic disorders,
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fetuses developing
without organs.
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Most of our patients
wanted a baby.
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The others are girls,
10, 11, rape and
incest victims.
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I am proud
to work here.
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And now, unless
we can find another doctor
who's brave enough to step up,
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we'll have to close.
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Who's Jonah Leland?
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All the messages in here
are from doctors or women,
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except this guy,
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called half a dozen times
last week asking for
Dr. Benning.
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His girlfriend's scheduled
to come from Pennsylvania
tomorrow
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for a procedure.
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Okay. What did he want?
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I don't know.
He only wanted to
talk to Dr. Benning.
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He sounded angry.
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It's important you
don't get discouraged.
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Every patient responds
to chemo differently.
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I'm a big girl.
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Let's cut
to the chase.
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After a course of Cisplatin,
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there's no appreciable
shrinkage of the tumor.
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Okay.
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So we try
something stronger?
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There are other drugs
we can try.
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The side effects
may be worse.
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The nausea I can handle.
Dying not so much.
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So bring it on, Doctor.
Whatever it takes.
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No way. I never
called Dr. Benning.
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Blair would have been
mad at me.
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Blair,
your girlfriend?
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Ex. She broke up
with me.
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Before or
after she decided
to have an abortion?
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It was
her decision.
I was supportive.
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You a born again
Christian, Jonah?
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Yeah. Mostly.
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Except for the sex
before marriage part?
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I'm against murder.
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So you're pro-life, but
you support Blair's decision
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to have an abortion?
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There was something
wrong with the baby.
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I couldn't deal.
I don't even have insurance.
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A genetic abnormality?
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00:08:01,640 --> 00:08:04,080
Something I never even
heard of, Blair told me.
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It went right out
of my head.
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When you told her
you couldn't deal,
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is that
when she decided
to have an abortion?
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Yeah.
Look, I got to
get back to work.
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My boss is
looking at me funny.
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Look, forget
the abortion debate.
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You should need a permit
to have kids.
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In your world,
a kid hardly has
a chance to be born.
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You know what?
About that,
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not to step on your
freedom of speech
or anything,
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but we're not here to
get into arguments
with witnesses.
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I don't know, Lupes,
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that nurse
at the clinic
basically admitted
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that Benning
was performing
illegal abortions.
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Oh, that's
not the crime
we're investigating.
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And if you think forcing
an 11-year-old rape victim
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to give birth is okay,
then you and I got
nothing to talk about.
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You got it
backwards, man.
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The horrible thing
is the rape,
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not the bringing of
a life into the world.
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All I know is an unwanted
child's already got two
strikes against it.
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That unwanted child
could change the world,
cure cancer, be president.
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Yeah. Or put his
finger on the button
and blow up the world.
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00:09:02,040 --> 00:09:03,560
It's not for us to decide.
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I was born
two months premature.
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My mother was unmarried,
poor, seven months pregnant.
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She panicked,
threw herself down
a flight of stairs.
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So I almost had
another partner.
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That's all I'm saying.
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My baby's
going to have
fragile skin disease.
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It's going to need
round the clock
medical care.
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And when I told Jonah,
he freaked.
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So you scheduled
an appointment with Benning.
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Dr. Benning said
he'd help me.
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He said the baby
wouldn't suffer.
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And Jonah was okay
with that decision?
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00:09:45,580 --> 00:09:46,670
Jonah's selfish.
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00:09:46,750 --> 00:09:49,380
There's no way
he could handle
a sick baby.
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Must have been
a tough decision.
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You already bought
baby stuff.
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My father bought
a crib because he...
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He really wanted
a grandson.
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How did he feel
about the abortion?
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00:10:01,030 --> 00:10:03,220
A couple of months ago,
when I showed him the
sonogram picture,
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he started crying.
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00:10:09,270 --> 00:10:11,100
I can't have this baby.
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00:10:12,770 --> 00:10:14,400
Who's going
to help me now?
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00:10:16,180 --> 00:10:20,140
Blair's baby
was diagnosed with
Ehlers-Danlos syndrome.
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The skin is so delicate,
the slightest touch
causes tearing.
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00:10:24,550 --> 00:10:27,280
It can be fatal
without constant
medical care.
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00:10:27,360 --> 00:10:30,190
But you were
willing to take on
that responsibility?
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00:10:30,360 --> 00:10:31,660
That's a big commitment.
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00:10:31,730 --> 00:10:34,750
Yeah.
I told Blair I'd work
three jobs if I had to.
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00:10:34,830 --> 00:10:35,990
We'd find the money.
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00:10:36,060 --> 00:10:38,460
Your daughter told us
she didn't want the baby.
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00:10:39,100 --> 00:10:41,690
She should have made
the decision earlier.
She's 28 weeks.
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00:10:42,070 --> 00:10:43,760
That's not a fetus,
that's a child.
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00:10:43,840 --> 00:10:46,100
And did you try to
talk to Dr. Benning?
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00:10:46,910 --> 00:10:49,600
He got calls from someone
claiming to be the
baby's father.
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00:10:49,680 --> 00:10:53,700
I thought he'd be more likely
to talk to me if I had
parental rights.
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00:10:53,780 --> 00:10:54,910
But when he did
take your calls,
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00:10:54,980 --> 00:10:57,250
what did you do,
Mr. Morton?
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00:10:57,320 --> 00:10:59,080
Did you go
to his clinic?
No.
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00:10:59,150 --> 00:11:00,310
Maybe you found out
where he lived.
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00:11:00,390 --> 00:11:01,580
Maybe you followed him
to church.
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00:11:01,660 --> 00:11:03,280
Look, I went
for a long walk.
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00:11:03,360 --> 00:11:04,520
Things have
been tense at home.
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00:11:04,590 --> 00:11:06,750
Blair getting pregnant,
it's my fault.
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00:11:07,160 --> 00:11:09,790
Ever since
her mother died,
I've let her run wild.
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00:11:09,860 --> 00:11:12,530
I wanted to
take responsibility,
but not with a gun.
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00:11:12,600 --> 00:11:13,790
Professor Morton?
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00:11:13,870 --> 00:11:15,100
Excuse me.
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00:11:16,370 --> 00:11:19,860
I wonder if his long walk
included a drive into
Manhattan.
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00:11:19,940 --> 00:11:21,810
Well, let's check
the faculty parking.
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00:11:21,880 --> 00:11:24,900
His car has an E-ZPass,
we'll get a quick answer.
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00:11:26,910 --> 00:11:30,410
Witness said the shooter
drove away in blue sedan.
This is close enough.
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00:11:30,890 --> 00:11:32,050
No E-ZPass.
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00:11:32,350 --> 00:11:34,380
Hey. Check it out.
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00:11:34,460 --> 00:11:35,820
Blue chalk.
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00:11:36,090 --> 00:11:38,290
His car got chalked
at the clinic parking lot.
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00:11:38,460 --> 00:11:41,050
That's one security guard
who just earned his
minimum wage.
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00:11:41,130 --> 00:11:42,250
Mmm.
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00:11:45,830 --> 00:11:47,320
This is ridiculous.
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00:11:47,400 --> 00:11:50,340
I'm not a killer.
I'm a science teacher.
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00:11:50,400 --> 00:11:52,000
You know what?
You're going to have to
do better than that, Kevin,
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00:11:52,070 --> 00:11:54,270
because we already
caught you in one lie.
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00:11:56,880 --> 00:12:00,070
Look, I wanted to talk
to Benning, reason with him.
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00:12:00,150 --> 00:12:02,010
I went to
the clinic Saturday,
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00:12:02,080 --> 00:12:03,410
but they wouldn't
buzz me in,
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00:12:03,480 --> 00:12:05,650
so I thought
I'd wait for him,
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00:12:05,720 --> 00:12:08,350
but, I mean, there were
all these crazies, so
I just went home.
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00:12:08,420 --> 00:12:10,720
You were scared off
by one of the crazies?
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00:12:11,060 --> 00:12:12,990
One of them followed me
to my car,
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00:12:13,090 --> 00:12:14,720
thought I was
an abortion doctor.
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00:12:14,800 --> 00:12:18,060
I told him,
"No, I'm trying to
prevent an abortion."
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00:12:18,400 --> 00:12:21,200
Told him my daughter was
scheduled for Monday and...
244
00:12:23,000 --> 00:12:24,940
And then
he told me that...
245
00:12:27,480 --> 00:12:29,810
What is it?
What did he tell you?
246
00:12:31,280 --> 00:12:32,770
I'm done talking.
247
00:12:32,950 --> 00:12:35,940
Hey, this guy,
you think he's the one?
248
00:12:36,720 --> 00:12:40,550
You probably think
the guy that you talked to
saved your grandson's life.
249
00:12:41,520 --> 00:12:44,490
Yeah, he may have,
but he's also a killer,
250
00:12:44,560 --> 00:12:46,890
and there's no reason
to think that
he won't kill again.
251
00:12:46,960 --> 00:12:48,830
So what did he tell you?
252
00:12:50,830 --> 00:12:52,320
He told me not to worry,
253
00:12:53,900 --> 00:12:55,770
that my grandson
would be fine.
254
00:12:56,570 --> 00:12:58,600
We need you to
look at some videotape.
255
00:13:01,510 --> 00:13:03,240
The people
inside the clinic say
256
00:13:03,310 --> 00:13:05,370
he's been outside
every day with your group.
257
00:13:05,450 --> 00:13:08,570
Every day
except the Monday
after Benning was shot.
258
00:13:08,650 --> 00:13:12,240
He's not affiliated
with Mission for Life.
We're against violence.
259
00:13:12,720 --> 00:13:15,150
We encouraged Dr. Benning's
patients to get sonograms,
260
00:13:15,220 --> 00:13:18,620
so they can
see their baby's face,
their tiny fingernails.
261
00:13:18,690 --> 00:13:21,350
We change more minds
with love than threats.
262
00:13:21,600 --> 00:13:23,890
We want to catch
this shooter as much
as you do, Detectives.
263
00:13:23,960 --> 00:13:27,230
I'm Roger Jenkins,
executive legal adviser
for my headquarters in Topeka.
264
00:13:27,300 --> 00:13:28,890
You're here
for damage control.
265
00:13:29,600 --> 00:13:32,090
Murdered abortion doctors
do not help our cause.
266
00:13:32,170 --> 00:13:33,500
I've been doing
the talk show circuits,
267
00:13:33,570 --> 00:13:35,370
asking whoever it is
to turn himself in.
268
00:13:35,440 --> 00:13:36,810
You wouldn't have to
work so hard
269
00:13:36,880 --> 00:13:38,540
if your people tell us
who this is.
270
00:13:38,680 --> 00:13:39,740
It's a public space.
271
00:13:39,810 --> 00:13:41,510
We can't dictate
who comes and goes.
272
00:13:41,580 --> 00:13:42,910
Disclaimer noted.
273
00:13:43,320 --> 00:13:44,480
Now.
274
00:13:47,820 --> 00:13:48,880
Wayne.
275
00:13:48,960 --> 00:13:50,550
He bragged about
getting arrested
276
00:13:50,620 --> 00:13:53,180
for breaking into
a nuclear power plant
in Buchanan.
277
00:13:54,530 --> 00:13:57,220
Wayne always cared more
about strangers than
his own family.
278
00:13:57,300 --> 00:13:58,960
Are you still
in contact with him?
279
00:13:59,100 --> 00:14:00,790
By e-mail.
280
00:14:00,870 --> 00:14:01,990
Will?
281
00:14:02,670 --> 00:14:05,230
He took
our son out for dinner
and a movie Saturday night.
282
00:14:05,310 --> 00:14:07,100
Olive Garden, big splurge.
283
00:14:08,340 --> 00:14:10,370
We need to talk
to your dad, Will.
284
00:14:10,510 --> 00:14:11,940
Do you know how to
get a hold of him?
285
00:14:12,010 --> 00:14:14,040
He won't even tell me
where he lives.
286
00:14:14,110 --> 00:14:17,280
Saturday night, was that
a special occasion?
287
00:14:19,220 --> 00:14:21,780
He said
he wanted me to
know that he loved me,
288
00:14:21,860 --> 00:14:23,590
no matter
what happened.
289
00:14:24,330 --> 00:14:25,720
What did he mean by that?
290
00:14:25,890 --> 00:14:28,490
You're cops.
Figure it out.
291
00:14:30,630 --> 00:14:31,790
What's this about?
292
00:14:31,870 --> 00:14:33,730
It would be a lot better
for Wayne
293
00:14:33,800 --> 00:14:36,100
if we straighten
these things out
in person.
294
00:14:39,910 --> 00:14:42,140
Will broke his leg
a year ago.
295
00:14:42,210 --> 00:14:43,270
I e-mailed Wayne.
296
00:14:43,340 --> 00:14:45,610
He came
to the hospital
in less than an hour.
297
00:14:58,660 --> 00:14:59,960
It's been over two hours.
298
00:15:00,030 --> 00:15:02,720
I guess
Wayne Grogan's not up
for Father of the Year.
299
00:15:03,330 --> 00:15:04,460
He's off the grid.
300
00:15:05,000 --> 00:15:06,630
No phone,
no credit card.
301
00:15:06,730 --> 00:15:07,790
Hey.
302
00:15:11,170 --> 00:15:14,330
Detectives. I'm here
on behalf of Wayne Grogan.
303
00:15:14,410 --> 00:15:15,530
Where is he?
304
00:15:15,610 --> 00:15:18,510
I'm not at liberty to say,
not until I speak to
the D.A.
305
00:15:18,650 --> 00:15:20,910
After we arrest you
for harboring a fugitive.
306
00:15:20,980 --> 00:15:22,470
I'm acting
as his attorney.
307
00:15:22,550 --> 00:15:25,070
I'm here to
negotiate terms
for his surrender.
308
00:15:26,520 --> 00:15:29,320
The D.A. S think
that Jenkins is
stalling for time
309
00:15:29,390 --> 00:15:30,650
until he can
get to Grogan.
310
00:15:30,720 --> 00:15:33,320
He's probably
trying to turn him into
a poster boy for the cause.
311
00:15:33,390 --> 00:15:34,590
What I'd like to know is
312
00:15:34,660 --> 00:15:37,220
who tipped Jenkins about
the trap at the hospital?
313
00:15:37,300 --> 00:15:39,820
Not Grogan's ex-wife.
No love lost there.
314
00:15:39,900 --> 00:15:42,700
There's still plenty of love
between Grogan and his son.
315
00:15:44,240 --> 00:15:45,730
You hacked into
my account
316
00:15:45,810 --> 00:15:47,540
and found the e-mail
that I sent your dad?
317
00:15:47,610 --> 00:15:49,080
Not like it's
the first time.
318
00:15:49,210 --> 00:15:51,270
You warned
Roger Jenkins?
319
00:15:52,050 --> 00:15:53,710
How did you know
to contact him?
320
00:15:53,780 --> 00:15:55,080
Saw him on TV.
321
00:15:56,150 --> 00:15:58,120
I see you care
about the environment.
322
00:15:59,090 --> 00:16:00,580
You get that
from your dad?
323
00:16:01,590 --> 00:16:03,420
This you and him
on a vacation?
324
00:16:04,430 --> 00:16:06,760
Will lived with Wayne
last summer.
325
00:16:07,090 --> 00:16:09,560
Who's the pretty lady?
That his girlfriend?
326
00:16:10,360 --> 00:16:12,460
She cared about stuff
that's important.
327
00:16:12,700 --> 00:16:13,830
What's her name?
328
00:16:14,870 --> 00:16:17,430
You know, my dad said,
"Never trust authority."
329
00:16:19,840 --> 00:16:21,100
No argument here.
330
00:16:22,380 --> 00:16:26,280
You see, sooner or later
your father is going to
get caught,
331
00:16:26,350 --> 00:16:27,970
if not by us,
then by other cops.
332
00:16:28,050 --> 00:16:30,280
Cops who might
like to shoot first.
333
00:16:35,620 --> 00:16:37,450
I haven't seen Wayne
for a year.
334
00:16:37,760 --> 00:16:40,890
Last I knew he went back to
New Jersey to be closer
to his son.
335
00:16:40,960 --> 00:16:42,660
You haven't been
in touch?
336
00:16:42,730 --> 00:16:44,390
Not exactly on
Facebook up here.
337
00:16:45,370 --> 00:16:47,300
I see you don't have any
power lines running
out here.
338
00:16:47,370 --> 00:16:48,800
You're off the grid.
339
00:16:48,870 --> 00:16:50,500
I prefer
a simple life.
340
00:16:50,570 --> 00:16:53,440
I eat what I grow,
I sleep when it's dark.
341
00:16:59,080 --> 00:17:01,600
Well, I guess, if you
don't like technology,
342
00:17:02,050 --> 00:17:03,710
then this isn't
your computer.
343
00:17:04,450 --> 00:17:05,650
The battery's low.
344
00:17:05,720 --> 00:17:07,910
Wayne, open the door.
It's the police.
345
00:17:10,720 --> 00:17:12,090
Go! Go!
346
00:17:19,870 --> 00:17:22,860
An energy saving tip, Wayne,
don't run from the police.
347
00:17:23,140 --> 00:17:24,200
I got him!
348
00:17:29,880 --> 00:17:31,340
Ten years
on manslaughter.
349
00:17:31,550 --> 00:17:34,070
We're talking about
a man cast adrift
by an ugly divorce,
350
00:17:34,150 --> 00:17:36,810
who found connection
with the pro-life movement,
351
00:17:36,880 --> 00:17:38,720
who was seduced
by its rhetoric.
352
00:17:38,790 --> 00:17:42,550
Who drifted into a church
and pumped a bullet into
a man's skull.
353
00:17:42,620 --> 00:17:44,450
No deal, Mr. Jenkins.
354
00:17:45,660 --> 00:17:47,460
That's what I told you, Wayne.
355
00:17:48,430 --> 00:17:49,830
They're not interested
in justice.
356
00:17:50,630 --> 00:17:52,460
You know what
you have to do now.
357
00:17:54,270 --> 00:17:57,140
It's time for brave men
to take a stand,
my friend.
358
00:17:57,910 --> 00:18:00,140
Benning was
killing babies.
359
00:18:01,280 --> 00:18:02,740
Somebody had to stop him.
360
00:18:02,810 --> 00:18:05,240
Somebody?
Meaning you?
361
00:18:05,880 --> 00:18:07,010
That's right.
362
00:18:07,080 --> 00:18:08,840
You're confessing
to the murder?
363
00:18:09,080 --> 00:18:12,250
We're asserting justification
as an affirmative defense.
364
00:18:13,050 --> 00:18:16,180
Wayne killed Benning in
defense of other persons.
365
00:18:17,320 --> 00:18:18,720
Innocent little souls,
366
00:18:18,790 --> 00:18:23,920
they need
somebody to protect
them from monsters like him.
367
00:18:28,000 --> 00:18:30,870
Abortion protestors
have been trying
for years,
368
00:18:30,940 --> 00:18:35,570
to hide behind
a claim of justification
to absolve their illegal acts
369
00:18:35,640 --> 00:18:37,970
against clinics
doing late-term
abortions.
370
00:18:38,050 --> 00:18:40,810
But court after court
has held
371
00:18:40,880 --> 00:18:44,650
that an unborn fetus is
not a person in jeopardy.
372
00:18:45,520 --> 00:18:48,450
My client wasn't
attempting to prevent
all of these abortions.
373
00:18:48,520 --> 00:18:51,550
He was protecting
a specific person
from imminent harm.
374
00:18:51,630 --> 00:18:52,720
Who was that?
375
00:18:52,790 --> 00:18:57,200
The unborn
son of Blair Morton,
a 28-week-old viable baby.
376
00:18:57,400 --> 00:18:59,060
The pregnancy was
scheduled to be
terminated
377
00:18:59,130 --> 00:19:02,760
because the child
was diagnosed with
Ehlers-Danlos syndrome.
378
00:19:03,000 --> 00:19:04,940
Tell me more
about this syndrome.
379
00:19:05,070 --> 00:19:07,840
It's caused by a defect
in the protein of the skin.
380
00:19:08,410 --> 00:19:13,540
A person with this disorder
has extremely fragile skin,
381
00:19:13,610 --> 00:19:15,950
prone to cuts,
blisters, infections.
382
00:19:16,020 --> 00:19:18,610
It's a survivable condition?
383
00:19:18,720 --> 00:19:22,310
Absolutely.
Blair's child has
a normal life expectancy.
384
00:19:22,390 --> 00:19:24,880
He was days away from
being aborted by
Dr. Benning,
385
00:19:24,960 --> 00:19:26,320
simply because
he was unhealthy.
386
00:19:26,390 --> 00:19:30,090
And Mr. Grogan knew
this before he acted?
387
00:19:30,160 --> 00:19:32,560
I'll submit an offer
of proof to that effect.
388
00:19:35,240 --> 00:19:38,260
In that case,
I'll deny the
People's motion.
389
00:19:38,610 --> 00:19:39,700
You may present
390
00:19:39,770 --> 00:19:41,670
a justification
defense, Mr. Jenkins.
391
00:19:41,740 --> 00:19:43,870
Judge,
this is unprecedented.
392
00:19:43,940 --> 00:19:46,910
You're opening
Pandora's box here.
393
00:19:47,380 --> 00:19:52,410
It sounds like
the defendant acted in
an exceptional situation.
394
00:19:52,750 --> 00:19:55,380
I'm sorry, Mr. Cutter,
but this will go to
a jury.
395
00:19:57,090 --> 00:19:58,650
We didn't want this
trial to be about abortion,
396
00:19:58,760 --> 00:19:59,820
and now
we have no choice.
397
00:19:59,890 --> 00:20:01,590
Not only that, the judge
is letting Jenkins
398
00:20:01,660 --> 00:20:03,720
hitch his defense
to a sick baby.
399
00:20:03,800 --> 00:20:06,730
Referring to this fetus
as a baby isn't going
to help matters.
400
00:20:08,270 --> 00:20:12,100
An unborn child is
a life and a soul
to me.
401
00:20:13,040 --> 00:20:16,100
I can revert to
PC in the courtroom
because it's my job,
402
00:20:16,180 --> 00:20:18,610
but I'm not going to
do it in my own office.
403
00:20:18,680 --> 00:20:21,650
You're in my office,
and we're not debating
the abortion issue.
404
00:20:21,750 --> 00:20:23,240
Well,
the jurors will be.
405
00:20:23,320 --> 00:20:26,120
And it's time
to face the facts,
the tide has turned.
406
00:20:26,190 --> 00:20:28,310
Most Americans
are pro-life now.
407
00:20:28,420 --> 00:20:30,620
Most Americans
don't live in
New York.
408
00:20:30,890 --> 00:20:32,980
I doubt we'll draw an
anti-choice jury here.
409
00:20:33,060 --> 00:20:34,190
You might be surprised.
410
00:20:34,260 --> 00:20:38,030
My daughter was pro-choice
until she taped a sonogram
411
00:20:38,100 --> 00:20:40,590
of my
grandchild-to-be
on her refrigerator.
412
00:20:41,370 --> 00:20:42,430
Now...
413
00:20:45,710 --> 00:20:49,110
The crux
of Grogan's case
is that he was aware
414
00:20:49,180 --> 00:20:51,040
of Blair Morton's
planned abortion, right?
415
00:20:51,110 --> 00:20:52,100
Right.
416
00:20:52,180 --> 00:20:54,310
Her father
did speak to Grogan
a few days before the murder.
417
00:20:54,380 --> 00:20:57,480
Then we need to show that
Grogan formed the intent
to kill Dr. Benning
418
00:20:57,550 --> 00:20:59,380
before he ever
heard of the Mortons.
419
00:21:01,050 --> 00:21:03,610
He was always louder
than the other protestors.
420
00:21:04,020 --> 00:21:05,150
Angrier.
421
00:21:05,360 --> 00:21:06,790
Did he ever
threaten Dr. Benning?
422
00:21:06,890 --> 00:21:07,920
I didn't hear it.
423
00:21:08,000 --> 00:21:10,860
And Dr. Benning wouldn't have
said anything to us if he had.
424
00:21:11,770 --> 00:21:15,130
We already had one nurse quit
a few months ago because of
the threats.
425
00:21:15,270 --> 00:21:16,330
From Grogan?
426
00:21:16,400 --> 00:21:17,890
Dr. Benning didn't say.
427
00:21:17,970 --> 00:21:20,370
She just stopped showing up
to work one day.
428
00:21:24,480 --> 00:21:26,470
I was sorry to
read about Dr. Benning.
429
00:21:26,750 --> 00:21:28,010
He didn't deserve it.
430
00:21:28,680 --> 00:21:31,880
I was told you quit because
of threats you got from
protestors.
431
00:21:32,150 --> 00:21:33,310
Who told you that?
432
00:21:33,890 --> 00:21:35,050
So it's not true?
433
00:21:35,320 --> 00:21:36,790
It doesn't matter now.
434
00:21:36,860 --> 00:21:38,760
You left a late-term
abortion clinic
435
00:21:38,830 --> 00:21:40,820
to work in
a neonatal care unit.
436
00:21:40,930 --> 00:21:43,050
Something must have
changed your world view.
437
00:21:44,800 --> 00:21:47,860
A woman
in her seventh month
came in for an abortion.
438
00:21:47,930 --> 00:21:51,700
She'd found out that her baby
had genetic markers for
anencephaly.
439
00:21:52,110 --> 00:21:56,300
The sonogram confirmed that
a large part of the fetus's
brain wasn't developing.
440
00:21:56,380 --> 00:21:58,900
During the abortion,
something went wrong.
441
00:21:58,980 --> 00:22:00,970
The baby was
delivered alive.
442
00:22:01,520 --> 00:22:03,040
Dr. Benning
asked the woman
443
00:22:03,120 --> 00:22:05,640
if she wanted him to
complete the procedure.
444
00:22:06,790 --> 00:22:10,350
Complete the procedure?
You mean, terminate
the baby?
445
00:22:10,420 --> 00:22:13,260
Yes.
The woman told
Dr. Benning yes.
446
00:22:13,390 --> 00:22:15,050
She said,
"Finish it."
447
00:22:16,160 --> 00:22:17,290
And he did.
448
00:22:18,300 --> 00:22:20,490
After that I couldn't
go back to work there.
449
00:22:21,470 --> 00:22:24,730
I'm going to need
the name of that patient.
450
00:22:31,510 --> 00:22:32,670
Ms. Howell?
451
00:22:32,810 --> 00:22:36,010
I'm Connie Rubirosa with
the New York District
Attorney's office.
452
00:22:36,350 --> 00:22:37,750
Do you mind
if I come in?
453
00:22:37,820 --> 00:22:39,250
What's this about?
454
00:22:39,320 --> 00:22:42,760
I'm working on the
prosecution of the man
who killed Dr. Benning.
455
00:22:42,820 --> 00:22:45,050
I understand you were
one of his patients.
456
00:22:47,660 --> 00:22:49,630
Where did you hear that?
457
00:22:49,900 --> 00:22:52,190
That information
is confidential.
458
00:22:52,470 --> 00:22:54,490
I know this is
a very personal matter.
459
00:22:54,570 --> 00:22:55,660
I just need to ask a few...
460
00:22:55,740 --> 00:22:57,030
You can't be serious.
461
00:22:57,740 --> 00:23:01,500
That's the hardest thing
that I ever went through
in my whole life.
462
00:23:01,810 --> 00:23:05,140
I understand completely.
I just need to confirm
certain facts.
463
00:23:05,210 --> 00:23:06,270
What facts?
464
00:23:06,350 --> 00:23:09,210
You have
no business prying
into my medical history.
465
00:23:09,280 --> 00:23:10,580
How dare you?
466
00:23:10,750 --> 00:23:13,850
Just leave me alone.
467
00:23:17,220 --> 00:23:20,320
Judging by my reception,
the nurse's story seems
to be on the money.
468
00:23:20,390 --> 00:23:23,190
So Dr. Benning murdered
a newborn infant?
469
00:23:23,660 --> 00:23:25,650
We have
to report it
to the Bronx D.A.
470
00:23:26,700 --> 00:23:28,130
Dr. Benning's dead.
471
00:23:28,870 --> 00:23:30,670
It can wait
till after the trial.
472
00:23:31,140 --> 00:23:33,160
At the very least,
it's Brady material.
473
00:23:33,240 --> 00:23:35,230
We're required to
turn it over to
the Defense.
474
00:23:35,310 --> 00:23:37,500
Why? It's not relevant
to our trial.
475
00:23:39,350 --> 00:23:41,840
Dr. Benning
killed a human being.
476
00:23:41,920 --> 00:23:44,180
Didn't Grogan shoot him
to prevent him from
doing just that?
477
00:23:44,250 --> 00:23:45,450
It's not exculpatory.
478
00:23:45,520 --> 00:23:47,990
Grogan didn't know any of this
when he executed Benning.
479
00:23:48,050 --> 00:23:50,280
And if Jenkins
gets his hands on this,
480
00:23:50,490 --> 00:23:53,190
he'll find a way
to exploit it and
prejudice the jury.
481
00:23:54,560 --> 00:23:57,590
So you
both best pretend
you never heard it.
482
00:24:14,850 --> 00:24:19,480
I went to Benning's clinic
to ask him not to
give my daughter an abortion.
483
00:24:19,750 --> 00:24:21,350
He wouldn't even
let me in the front door.
484
00:24:21,420 --> 00:24:23,550
What happened
after you left?
485
00:24:23,690 --> 00:24:28,150
When I went back to my car,
this man followed me,
Mr. Grogan.
486
00:24:28,300 --> 00:24:30,730
He asked me if
I was with someone
getting an abortion.
487
00:24:30,900 --> 00:24:33,890
I told him I was trying
to keep my daughter
from having one.
488
00:24:33,970 --> 00:24:35,960
How did
Mr. Grogan react?
489
00:24:37,240 --> 00:24:40,170
When I told him
about my grandson,
490
00:24:40,240 --> 00:24:42,610
he got red in the face,
red with anger.
491
00:24:42,680 --> 00:24:45,110
He told me my grandson
would be okay.
492
00:24:45,180 --> 00:24:47,010
And what did you
take that to mean?
493
00:24:49,450 --> 00:24:52,420
That somehow the abortion
wouldn't take place.
494
00:24:52,990 --> 00:24:54,110
Thank you.
495
00:24:57,220 --> 00:25:00,060
What did you tell Wayne
about your grandson's
medical problems?
496
00:25:00,130 --> 00:25:02,860
I told him he had a very
serious skin condition,
497
00:25:02,930 --> 00:25:04,920
but that with
love and care,
498
00:25:05,000 --> 00:25:06,760
he had a chance
to live a happy life.
499
00:25:06,830 --> 00:25:09,170
Mr. Morton, are you
against all abortions?
500
00:25:09,800 --> 00:25:11,430
I think a woman has a right
501
00:25:11,510 --> 00:25:14,170
to decide
what happens
with her own body,
502
00:25:14,240 --> 00:25:19,010
but I teach science
and the facts told me
that Blair's baby was viable,
503
00:25:19,080 --> 00:25:21,050
that he had
a chance at life.
504
00:25:22,780 --> 00:25:24,910
It wasn't just about
Blair anymore.
505
00:25:25,190 --> 00:25:27,210
And what's happened
with Blair's pregnancy?
506
00:25:27,290 --> 00:25:28,810
Well, she's due any day now.
507
00:25:29,060 --> 00:25:30,990
That's terrific news.
Thank you.
508
00:25:34,230 --> 00:25:36,350
As a board certified
509
00:25:36,430 --> 00:25:39,130
I conducted peer reviews
of Dr. Benning's practice.
510
00:25:40,130 --> 00:25:41,290
In my opinion,
511
00:25:41,770 --> 00:25:45,900
Walter Benning was a caring
and heroic physician.
512
00:25:47,540 --> 00:25:49,870
Did you review
Dr. Benning's file
513
00:25:49,940 --> 00:25:52,210
on Blair Morton
and her unborn child?
514
00:25:52,280 --> 00:25:56,220
Yes.
Regrettably I concluded
that child is doomed to
515
00:25:56,280 --> 00:25:59,250
a life of suffering
that will require
round the clock care.
516
00:25:59,320 --> 00:26:01,290
So, in your
expert opinion,
517
00:26:01,350 --> 00:26:06,590
was it reasonable
for Dr. Benning to abort
Blair Morton's unborn child?
518
00:26:06,690 --> 00:26:08,250
Not only
was it reasonable,
519
00:26:08,330 --> 00:26:11,350
it was the only
responsible medical choice.
520
00:26:13,100 --> 00:26:14,230
Thank you.
521
00:26:19,640 --> 00:26:23,700
A fetus is viable
outside the womb as early
as 22 weeks, right, Doctor?
522
00:26:23,910 --> 00:26:26,440
With state-of-the-art
neonatal technology, yes.
523
00:26:26,510 --> 00:26:28,280
Two weeks less than
the period during which
524
00:26:28,350 --> 00:26:30,710
New York state allows
abortion on demand.
525
00:26:30,780 --> 00:26:33,480
Would you agree that the law
hasn't kept up with
medical science?
526
00:26:33,550 --> 00:26:36,650
I don't
play that line
in the sand game.
527
00:26:37,060 --> 00:26:38,350
The right to choice
is absolute.
528
00:26:38,430 --> 00:26:39,550
Absolute?
529
00:26:39,790 --> 00:26:42,190
You would
allow abortions up to
the very moment of birth?
530
00:26:42,260 --> 00:26:44,290
In cases of
medical necessity? Yes.
531
00:26:44,360 --> 00:26:47,360
The decision
should involve only
the mother and her doctor.
532
00:26:47,430 --> 00:26:49,960
You don't believe
society has an interest
in protecting life?
533
00:26:50,040 --> 00:26:52,130
Life as defined by whom?
534
00:26:52,670 --> 00:26:54,260
Crackpots like your client?
535
00:26:54,440 --> 00:26:58,000
So, even though
Blair Morton's son was viable,
536
00:26:58,080 --> 00:27:01,100
even though science
might provide effective
treatment for Ehlers-Danlos,
537
00:27:01,180 --> 00:27:04,310
even a cure during
the child's lifetime,
538
00:27:04,380 --> 00:27:05,820
you would have
ended his life?
539
00:27:05,890 --> 00:27:09,840
I don't indulge in
pie in the sky thinking.
540
00:27:10,520 --> 00:27:13,490
As of today, the life
that child will experience
541
00:27:13,560 --> 00:27:15,890
is compromised
and without dignity.
542
00:27:15,960 --> 00:27:18,360
Dignity?
As defined by you?
543
00:27:19,200 --> 00:27:22,170
Would you volunteer to abort
Blair Morton's baby even now?
544
00:27:22,240 --> 00:27:25,070
If she asked me,
yes, I would.
545
00:27:25,140 --> 00:27:26,500
Threats and intimidation
546
00:27:26,570 --> 00:27:28,170
won't keep us from
providing abortions
547
00:27:28,240 --> 00:27:29,670
to the women
who want them.
548
00:27:29,740 --> 00:27:31,470
What if the law says
you can't?
549
00:27:31,540 --> 00:27:35,610
Even if politicians bow to
the hypocrites and fools,
it won't stop us.
550
00:27:37,120 --> 00:27:39,420
Hypocrites and fools.
551
00:27:44,990 --> 00:27:46,520
Thank you, Doctor.
552
00:27:48,600 --> 00:27:51,360
So now we know there
are fanatics in
both camps.
553
00:27:51,500 --> 00:27:53,800
Jenkins is betting
he can sway enough
jurors
554
00:27:53,870 --> 00:27:55,460
with the motion
to force a deadlock.
555
00:27:55,540 --> 00:27:57,330
If not
an outright acquittal.
556
00:27:57,400 --> 00:27:59,000
Who's the first
Defense witness?
557
00:27:59,070 --> 00:28:02,530
Lisa Barnett.
Her child was diagnosed
with a genetic disorder,
558
00:28:02,610 --> 00:28:04,200
but she chose
against an abortion.
559
00:28:04,280 --> 00:28:05,740
And how is
that relevant?
560
00:28:06,550 --> 00:28:08,570
A defendant who
asserts justification
561
00:28:08,650 --> 00:28:10,840
must prove he was
acting reasonably.
562
00:28:10,920 --> 00:28:12,580
A few weeks before
shooting Dr. Benning,
563
00:28:12,650 --> 00:28:14,850
my client saw
Mrs. Barnett
on a talk show
564
00:28:14,920 --> 00:28:16,820
discussing the birth
of her daughter.
565
00:28:16,890 --> 00:28:19,150
What he heard influenced
his state of mind.
566
00:28:19,260 --> 00:28:22,190
This is just another
attempt by Mr. Jenkins
to prejudice the jury
567
00:28:22,260 --> 00:28:24,660
against Dr. Benning
and his lawful work.
568
00:28:24,730 --> 00:28:26,530
I'll allow the testimony,
569
00:28:26,600 --> 00:28:28,930
but if
I hear any nonsense,
Mr. Jenkins, I'll stop it.
570
00:28:29,500 --> 00:28:30,730
Step back.
571
00:28:34,240 --> 00:28:37,570
What did
your doctor tell you about
your pregnancy, Mrs. Barnett?
572
00:28:37,640 --> 00:28:39,110
I was in my
sixth month.
573
00:28:39,380 --> 00:28:41,510
He told me my baby
had a genetic defect
574
00:28:41,580 --> 00:28:43,340
called Meckel-Gruber disease.
575
00:28:43,820 --> 00:28:47,250
She'd be born
with a soft skull
and undeveloped organs.
576
00:28:47,320 --> 00:28:51,480
My doctor
told me her condition
was incompatible with life.
577
00:28:51,790 --> 00:28:54,160
He recommended
I have a late-term abortion.
578
00:28:54,260 --> 00:28:55,780
And did you?
No.
579
00:28:56,300 --> 00:28:58,560
I discussed it
with my family,
580
00:28:59,100 --> 00:29:00,690
but I decided against it.
581
00:29:01,400 --> 00:29:03,930
I knew
my baby would die
soon after her birth,
582
00:29:04,000 --> 00:29:06,270
but I wanted her death
to be natural.
583
00:29:06,710 --> 00:29:08,900
I wanted her to
die with dignity.
584
00:29:11,410 --> 00:29:12,940
And what happened, Lisa?
585
00:29:15,050 --> 00:29:18,540
My beautiful daughter
Amanda was born on May 5th.
586
00:29:19,290 --> 00:29:23,380
I never experienced
such a sense of happiness
when they put her in my arms.
587
00:29:23,990 --> 00:29:27,860
She had blue eyes,
curly brown hair.
588
00:29:27,930 --> 00:29:31,260
She wasn't a monster,
like the doctors warned me.
589
00:29:31,400 --> 00:29:34,490
Amanda looked just like
a normal baby.
590
00:29:35,970 --> 00:29:38,800
I show you defendant's
exhibit "D."
591
00:29:42,580 --> 00:29:46,030
That's me holding Amanda
with my husband and my family.
592
00:29:46,210 --> 00:29:48,150
And what
happened to Amanda?
593
00:29:50,180 --> 00:29:53,150
Later that night,
one of the nurses woke me.
594
00:29:53,220 --> 00:29:55,620
She said it might be
Amanda's time.
595
00:29:56,460 --> 00:30:00,650
When they brought her to me,
Amanda was struggling
to breathe.
596
00:30:01,290 --> 00:30:04,420
She didn't cry, or
seem like she was
in pain.
597
00:30:05,630 --> 00:30:08,000
I looked in her eyes
and I sang to her.
598
00:30:09,200 --> 00:30:12,100
I felt like she was
comforted by my presence,
599
00:30:12,170 --> 00:30:14,870
like she could
feel my love for her.
600
00:30:15,980 --> 00:30:18,380
And then
she slipped away.
601
00:30:19,580 --> 00:30:22,480
My daughter was alive
for 21 hours.
602
00:30:25,890 --> 00:30:28,550
At any time have you
regretted not having
an abortion?
603
00:30:29,420 --> 00:30:31,010
Not for a second.
604
00:30:31,830 --> 00:30:35,820
My daughter spent most of
her life peacefully in
my arms.
605
00:30:36,530 --> 00:30:40,120
My husband and I felt honored
we'd shared her life.
606
00:30:40,200 --> 00:30:42,230
Happy that
she had died with dignity.
607
00:30:43,400 --> 00:30:48,340
We mourned her death,
and after everything
we went through,
608
00:30:49,140 --> 00:30:50,630
we felt clean.
609
00:30:51,880 --> 00:30:53,110
Thank you.
610
00:31:09,500 --> 00:31:11,960
You're a brave woman,
Mrs. Barnett.
611
00:31:13,830 --> 00:31:17,530
Is it possible that
at another time
in your life,
612
00:31:17,600 --> 00:31:19,600
you might have made
a different choice?
613
00:31:19,670 --> 00:31:21,610
Yes, it's possible.
614
00:31:22,980 --> 00:31:26,280
And would you
consider a doctor
615
00:31:26,350 --> 00:31:30,650
who offers
late-term abortions to
women in your position
616
00:31:30,720 --> 00:31:33,690
as providing an essential
medical service?
617
00:31:36,020 --> 00:31:37,680
I would have to say yes.
618
00:31:43,730 --> 00:31:45,930
Nothing further.
Thank you.
619
00:31:52,540 --> 00:31:54,700
Half the jury
was in tears.
620
00:31:54,810 --> 00:31:56,500
That doesn't mean
they'll acquit.
621
00:31:56,580 --> 00:31:58,600
You're deceiving
yourself, Jack.
622
00:31:58,810 --> 00:32:01,610
All it takes is one vote
to hang this jury,
623
00:32:01,680 --> 00:32:03,110
and the next,
and the next.
624
00:32:03,180 --> 00:32:05,280
We're not offering Grogan
a plea bargain.
625
00:32:05,350 --> 00:32:07,910
Manslaughter's
a reasonable compromise.
626
00:32:07,990 --> 00:32:11,480
For the cold blooded murder
of a doctor performing
legal procedures.
627
00:32:11,560 --> 00:32:13,890
Substitute slavery
for abortion,
628
00:32:13,960 --> 00:32:16,190
John Brown
for Wayne Grogan.
629
00:32:16,730 --> 00:32:20,690
In its day, Roe v. Wade
conformed to what
we knew then
630
00:32:20,770 --> 00:32:22,700
about human life and science.
631
00:32:23,470 --> 00:32:27,630
Contraception was limited,
most birth defects
were untreatable.
632
00:32:27,710 --> 00:32:31,730
Thirty-five years later,
birth defects can be
corrected,
633
00:32:31,810 --> 00:32:34,970
disabled children are
protected by a Bill
of Rights,
634
00:32:35,050 --> 00:32:37,920
contraception of
every kind is available.
635
00:32:37,980 --> 00:32:40,280
And yet people
who don't want to
still get pregnant.
636
00:32:40,350 --> 00:32:42,720
So their rights should
reign supreme?
637
00:32:43,290 --> 00:32:47,730
My God, cats and dogs
have more rights
than the unborn.
638
00:32:48,860 --> 00:32:51,760
Roe v. Wade
wasn't written in stone.
639
00:32:52,030 --> 00:32:53,730
It could stand another look.
640
00:32:53,800 --> 00:32:57,400
If the jury wants
to send that message
by acquitting Grogan,
641
00:32:57,470 --> 00:32:58,600
let them do it.
642
00:32:59,210 --> 00:33:01,000
I'm not cutting any deals.
643
00:33:01,570 --> 00:33:02,730
Thank you.
644
00:33:04,840 --> 00:33:05,940
Oh!
645
00:33:06,510 --> 00:33:07,600
What?
646
00:33:07,680 --> 00:33:10,380
The Defense has sprung
a new witness on us.
Jennice Morrow,
647
00:33:10,450 --> 00:33:12,010
the nurse at
the botched abortion
648
00:33:12,090 --> 00:33:14,520
you asked us to
pretend never happened.
649
00:33:14,590 --> 00:33:15,950
How the hell
did they find out?
650
00:33:16,020 --> 00:33:17,010
I don't know.
651
00:33:17,090 --> 00:33:19,350
Nurse Morrow
probably called them.
652
00:33:19,430 --> 00:33:20,980
I'd like to believe that.
653
00:33:24,700 --> 00:33:26,690
What,
you think that I had
something to do with it?
654
00:33:26,770 --> 00:33:29,330
When you start mixing up
John Brown with Wayne Grogan,
655
00:33:29,400 --> 00:33:30,430
anything's possible.
656
00:33:30,500 --> 00:33:31,770
You're kidding!
657
00:33:32,770 --> 00:33:34,930
You're the one who thinks
I like winning too much.
658
00:33:35,010 --> 00:33:37,740
Why would I sabotage
my own case?
659
00:33:37,980 --> 00:33:39,100
Principles, maybe.
660
00:33:39,180 --> 00:33:41,910
Jack, if you really think
that I would actually
go out there...
661
00:33:41,980 --> 00:33:43,570
I told them.
662
00:33:44,450 --> 00:33:46,040
I called
Jenkins' office.
663
00:33:46,450 --> 00:33:48,180
I decided it was
an ethical violation
664
00:33:48,250 --> 00:33:50,150
if the Defense
wasn't informed.
665
00:33:50,690 --> 00:33:53,720
Despite explicit instructions
to the contrary?
666
00:33:53,790 --> 00:33:56,130
I can't be instructed
to violate my ethics.
667
00:33:56,860 --> 00:33:59,060
We'll deal with this later.
668
00:33:59,130 --> 00:34:01,120
I suggest you two
put your heads together
669
00:34:01,200 --> 00:34:04,070
and figure out
how we're going to keep
Nurse Morrow off the stand.
670
00:34:13,850 --> 00:34:15,970
Her testimony's
simply not relevant.
671
00:34:16,050 --> 00:34:18,280
On the contrary,
it sheds a whole new
light on our defense.
672
00:34:18,350 --> 00:34:19,580
Dr. Benning murdered
a human being.
673
00:34:19,650 --> 00:34:21,640
There's no way
Grogan knew about it.
674
00:34:21,720 --> 00:34:25,050
This testimony violates
the medical privacy of
Dr. Benning's patient,
675
00:34:25,120 --> 00:34:26,720
who wants
no part of this.
676
00:34:28,030 --> 00:34:31,760
The witness will refer to
the patient as "Jane Doe."
677
00:34:32,370 --> 00:34:35,100
The objection is overruled.
Let's get on with it.
678
00:34:39,170 --> 00:34:41,000
After Miss Doe
was in the stirrups,
679
00:34:41,070 --> 00:34:46,030
I started IV Valium and
Dr. Benning inserted
the ultrasound probe.
680
00:34:46,350 --> 00:34:50,870
The next step was to
inject potassium chloride
into the fetus's heart to
681
00:34:50,950 --> 00:34:52,580
induce cardiac arrest.
682
00:34:52,650 --> 00:34:53,850
Did something go wrong?
683
00:34:53,920 --> 00:34:55,580
The injection
was off target.
684
00:34:55,660 --> 00:34:59,060
The patient moved and
the needle went into
the uterus.
685
00:34:59,460 --> 00:35:01,360
The patient started to
go into labor.
686
00:35:01,490 --> 00:35:03,190
What did Dr. Benning do?
687
00:35:03,300 --> 00:35:04,630
There was nothing
he could do.
688
00:35:04,700 --> 00:35:06,490
The mother was
having contractions.
689
00:35:06,970 --> 00:35:08,990
The baby was born alive.
690
00:35:09,640 --> 00:35:11,690
Dr. Benning held him
in his hands.
691
00:35:12,210 --> 00:35:17,110
The boy
was crying a little cry,
moving his arms and legs.
692
00:35:17,880 --> 00:35:22,250
Dr. Benning asked the
mother if she wanted him
to complete the procedure
693
00:35:22,420 --> 00:35:24,180
and she said,
"Yes, finish it."
694
00:35:24,920 --> 00:35:26,150
What happened next?
695
00:35:26,750 --> 00:35:29,450
Dr. Benning cut
the umbilical cord,
696
00:35:29,560 --> 00:35:31,220
then he took
the surgical scissors
697
00:35:31,290 --> 00:35:34,190
and inserted it into
the base of the
baby's skull.
698
00:35:35,600 --> 00:35:36,960
The room went silent.
699
00:35:38,130 --> 00:35:39,620
The baby was dead.
700
00:35:45,610 --> 00:35:47,270
What happened
to the child's body?
701
00:35:47,540 --> 00:35:50,810
The mother didn't want it.
It was disposed of as
medical waste.
702
00:35:54,710 --> 00:35:56,010
Medical waste.
703
00:35:58,450 --> 00:35:59,540
Nothing further.
704
00:36:09,630 --> 00:36:14,760
It was clearly
Miss Doe's decision to
terminate her pregnancy.
705
00:36:15,200 --> 00:36:16,400
Oh, yes.
706
00:36:17,640 --> 00:36:22,100
And how long would her child
have survived had it been
carried to term?
707
00:36:22,510 --> 00:36:24,410
A day or two at most.
708
00:36:26,980 --> 00:36:28,210
Thank you.
709
00:36:39,430 --> 00:36:40,550
It was a rout.
710
00:36:40,630 --> 00:36:41,850
I don't know
what got into you
711
00:36:41,930 --> 00:36:43,050
to tell the Defense
about Jennice Morrow.
712
00:36:43,130 --> 00:36:45,120
I felt they were
entitled to know.
713
00:36:45,200 --> 00:36:46,760
It was up
to the judge
to disallow it.
714
00:36:46,830 --> 00:36:49,770
Now it's up to us to
convince the jury to
ignore it.
715
00:36:52,170 --> 00:36:54,070
I mean,
you of all people, Connie...
716
00:36:54,140 --> 00:36:56,110
I thought
you wanted to
win this case.
717
00:36:59,810 --> 00:37:03,480
I grew up thinking
Roe v. Wade was gospel,
718
00:37:03,550 --> 00:37:06,280
and that a woman's
privacy was inviolate.
719
00:37:08,750 --> 00:37:11,050
But after hearing
that woman on the stand
720
00:37:11,120 --> 00:37:14,850
talk about her baby
dying in her arms...
721
00:37:16,930 --> 00:37:18,260
I don't know.
722
00:37:18,730 --> 00:37:22,690
I don't know
where my privacy ends,
723
00:37:22,770 --> 00:37:25,930
and another being's
dignity begins.
724
00:37:32,310 --> 00:37:33,800
You want moral clarity?
725
00:37:35,510 --> 00:37:37,540
How about just
doing your job,
726
00:37:38,350 --> 00:37:40,290
put the bad guys in jail.
727
00:37:43,090 --> 00:37:45,560
I'm glad that it's so
clear cut for you, Mike.
728
00:37:48,060 --> 00:37:51,830
Unfortunately,
I can't leave my soul
in the umbrella stand
729
00:37:51,900 --> 00:37:53,990
when I come in to
work in the morning.
730
00:38:03,940 --> 00:38:08,740
I present to you,
Daniel David Morton.
731
00:38:09,280 --> 00:38:12,650
Born yesterday,
at 2:38 in the afternoon.
732
00:38:13,290 --> 00:38:14,980
But for my client,
733
00:38:17,890 --> 00:38:19,380
Daniel would be dead today.
734
00:38:26,970 --> 00:38:28,760
I'd like to
show you something.
735
00:38:30,700 --> 00:38:32,330
People's 32.
736
00:38:32,470 --> 00:38:37,100
This is the wallet
that Walter Benning was
carrying when he was shot.
737
00:38:38,280 --> 00:38:40,800
And I want to
show you these photos
738
00:38:40,880 --> 00:38:43,580
of his children
and grandchildren.
739
00:38:43,750 --> 00:38:46,980
Photos that are
stained with...
740
00:38:52,790 --> 00:38:55,060
I can't...
I can't do this.
741
00:38:56,230 --> 00:38:58,560
There's been too much
heartbreaking testimony.
742
00:38:58,630 --> 00:38:59,890
Just too much.
743
00:39:10,110 --> 00:39:11,540
We're dealing
with an issue here
744
00:39:11,610 --> 00:39:15,880
that goes to
the very mystery
of our existence.
745
00:39:18,820 --> 00:39:19,940
What is life?
746
00:39:21,390 --> 00:39:22,680
When does it begin?
747
00:39:23,390 --> 00:39:26,480
At conception?
At viability?
At birth?
748
00:39:28,290 --> 00:39:33,290
I mean, in good faith
we seek guidance from
our moral leaders,
749
00:39:34,200 --> 00:39:35,390
from scientists,
750
00:39:36,440 --> 00:39:40,600
and we want so much
to do the right thing.
751
00:39:40,670 --> 00:39:43,110
You know,
the just thing.
752
00:39:44,310 --> 00:39:48,470
We want
reason and empathy
to lead us to an answer,
753
00:39:48,550 --> 00:39:52,980
and we struggle so much
to find that answer.
754
00:39:54,320 --> 00:39:56,720
Why? Because...
755
00:39:57,490 --> 00:40:00,890
Because despite
all our differences,
756
00:40:02,030 --> 00:40:04,190
we are joined
in one belief,
757
00:40:06,370 --> 00:40:08,560
that every life is special,
758
00:40:09,100 --> 00:40:12,830
and unique,
and imbued with
inalienable rights.
759
00:40:13,340 --> 00:40:18,610
And that belief compels us
to reject the violence,
760
00:40:20,480 --> 00:40:25,350
and the unreasoned chaos
that Wayne Grogan's act
represents.
761
00:40:33,930 --> 00:40:35,020
Thank you.
762
00:40:50,180 --> 00:40:52,470
The defendant will stand.
763
00:40:53,010 --> 00:40:54,500
Has the jury
reached a verdict?
764
00:40:54,580 --> 00:40:55,600
We have, Your Honor.
765
00:40:55,680 --> 00:40:57,770
On the sole count
in the indictment,
766
00:40:57,850 --> 00:41:00,380
Murder in the First Degree,
how do you find?
767
00:41:00,490 --> 00:41:02,390
We find
the defendant guilty.
768
00:41:19,840 --> 00:41:21,070
Take a walk with me.
769
00:41:27,010 --> 00:41:30,950
Connie has
asked to be transferred to
the White Collar Crime Bureau.
770
00:41:34,250 --> 00:41:35,810
If that's
what she wants.
771
00:41:37,690 --> 00:41:38,710
That's what I want.
772
00:41:38,790 --> 00:41:40,780
Well, it's not
what I want.
773
00:41:40,890 --> 00:41:43,660
I'd have
to pull someone
out of that bureau
774
00:41:43,730 --> 00:41:46,060
and find a place
for them somewhere else,
775
00:41:46,130 --> 00:41:49,330
then I'd have
to find someone to
second chair with Mike.
776
00:41:49,540 --> 00:41:51,300
Much as you'd like
to believe otherwise,
777
00:41:51,370 --> 00:41:53,960
people aren't lining up
for that exalted position.
778
00:41:55,040 --> 00:41:57,170
I used to expect people
to be consistent,
779
00:41:57,240 --> 00:42:01,080
that pro-lifers would
oppose capital punishment,
780
00:42:01,150 --> 00:42:03,940
that champions
of human rights
781
00:42:04,020 --> 00:42:06,950
would claim some
for the unborn.
782
00:42:08,190 --> 00:42:09,680
I don't expect that anymore.
783
00:42:10,660 --> 00:42:12,520
It's a big, messy world.
784
00:42:14,730 --> 00:42:15,990
Work it out.