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1
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Hey.
2
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It's slippery. Watch your step.
3
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You're good. I got you. I got you.
4
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- All right.
- Okay, okay.
5
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- Everything's in the bag?
- Yeah. Got it all. Got it all.
6
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- Are you sure?
- Yep.
7
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Oh, my God. Oh, my God. Oh, my God.
8
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All right, there you go.
9
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We're close.
10
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You're good.
11
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All right.
12
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You're almost there.
I can see the baby's head.
13
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- I can't do this anymore.
- Yes, you can.
14
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- You've got this, babe.
- No, I don't!
15
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Yes, you do. No.
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Just listen to the doctor.
We're almost done.
17
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Elisabeth.
18
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Concentrate.
19
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With the next contraction,
I need you to push
20
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with all your might. You do that,
21
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and then you get to meet your baby.
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- That's what you said the last time.
- Okay.
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Here we go.
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It's a boy.
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What's wrong? Is something wrong?
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Something wrong with the baby?
27
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No, no. He's perfectly healthy.
28
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Okay.
29
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Oh, baby.
30
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Miles, you're not,
you're not saying anything.
31
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Why... why aren't you saying anything?
32
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Uh, he's beautiful.
33
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It's just he's brown.
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What?
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_
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Oh, my God, Elisabeth, he is so adorable.
37
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He is, isn't he?
38
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How's Miles holding up?
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Miles is having a tough time.
40
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I mean, he loves him.
41
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But he's...
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It's been difficult with his family.
43
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The guys at work.
44
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You probably noticed
we didn't put Joseph's picture
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on the birth announcement.
46
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We didn't even talk about it.
47
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I just showed him a card
without a picture, and he went,
48
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"Yeah, that's great."
49
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Sorry.
50
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I brought him to school,
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showed him to
my second graders last week.
52
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What an age.
53
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Yeah, nobody asks questions,
nobody judges.
54
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They just want to know
if he can have candy yet.
55
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- Yes, you.
- Oh.
56
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Yes, you.
57
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Oh, my love.
58
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Thanks so much for coming.
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I know I sort of
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fell off the face of the Earth
there for a while.
61
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No, I was thrilled when you called.
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I was thrilled when you said yes.
63
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But... I have an ulterior motive.
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Okay.
65
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You've probably figured this out already,
66
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but little Joseph here,
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he didn't happen without some help.
68
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I know you know Miles and I
were trying for years;
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finally started doing
the fertility clinic thing.
70
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Lots of almosts, couple
of outright failures, too.
71
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And of course, one fantastic,
72
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thrilling success.
73
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Unfortunately, in the process
of arriving at that success,
74
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the clinic, apparently, mistakenly,
75
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used another patient's sperm.
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I-I called because I remembered
77
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you work at a law firm now.
78
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Well, actually,
it's a trial science firm.
79
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But there are lawyers there, right?
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Yes. There are lawyers.
81
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Good. 'Cause I need one.
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I just want to be clear.
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I love my son.
84
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I thank God every day for my son.
85
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And we are both incredibly
grateful for this gift.
86
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Duly noted.
87
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So... what is it you want
to achieve by suing the clinic?
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Well, first and foremost,
we want to make sure
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this doesn't happen to anyone else.
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I mean... our son has a stranger's DNA.
91
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We-we really feel like
we're in a blind spot
92
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regarding so many things:
I mean, medical history,
93
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intellectual aptitudes,
social challenges.
94
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We're not wealthy people.
95
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I work in construction,
96
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my wife's a second grade teacher.
97
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All right, for six years,
we poured every cent we had
98
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in trying to get pregnant.
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Took out loans.
100
00:04:06,583 --> 00:04:09,195
We're in debt up to our eyeballs.
101
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And we did it all so we
could have a child together.
102
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T-Together.
103
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You know what I mean.
104
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So,
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in addition to putting
the clinic on notice
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so it cleans up its act
107
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and doesn't make
this kind of mistake again,
108
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you also want to recover
some of the costs
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associated with your treatments,
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because, while you are thrilled
to have baby Joseph,
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it was not the outcome you were promised.
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Exactly.
113
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I have to warn you
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that reproductive negligence
cases can be very tricky.
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Juries have a hard time
ruling in the plaintiff's favor
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when they've walked away
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with a healthy baby.
118
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Well, let's not get ahead of ourselves.
119
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I don't know that this is
necessarily ever gonna see
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the inside of a courtroom.
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Let me call the clinic on your behalf,
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see if we can't get
their lawyers over here
123
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and... figure this out
the old-fashioned way:
124
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across a table, with lots of coffee
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and some bathroom breaks.
126
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You keep wanting to look past
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the fact that my clients
have clear evidence.
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I'm not looking past anything.
129
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The clinic has already
admitted fault here.
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They've tightened up
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their practices and added
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new security safeguards.
133
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They've sent letters
to all of their clients
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informing them of this incident.
135
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And now they're offering free DNA testing
136
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to any new parents who worry
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that they may also be
victims of this mishap.
138
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Which is all well and good
for the clinic,
139
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but we're here to try
and help the McConnells.
140
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Of course.
141
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And after much consideration
and conversation,
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the clinic would like
to offer the McConnells
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their sincerest apology
and a check for $40,000
144
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as reimbursement for the round of IVF
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that didn't follow protocol.
146
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I'm sorry, but that
number doesn't even begin
147
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to take into account that
this "round of IVF"
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that did not follow protocol
resulted in a child
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that does not share
Miles McConnell's DNA,
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and could be prone to a host
of genetic anomalies
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that my clients are not prepared for,
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an outcome for which
they paid over $400,000.
153
00:06:13,794 --> 00:06:16,057
Or we could just go to court.
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But let's be honest.
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We all know the clinic
doesn't want this to become
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an ugly public trial.
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Win, lose or draw,
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it's gonna irreparably tarnish
their reputation.
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And most likely, kill their business.
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Give me a number.
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I would say reimbursing the McConnells
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their entire $400,000
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and adding another 400,000
for pain and suffering
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would be a fair number, wouldn't you?
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I'm not authorized to go above 400,000.
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Well, then, we have a problem,
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because I'm not authorized
to accept less than a million.
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Wait a second. You just said 800,000.
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Yes. That was two minutes ago.
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And now I said a million.
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And in another two minutes,
I'm gonna say a million five.
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Are you sensing the pattern here?
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Let me make a call.
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You make a call.
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Uh, f-four hundred thousand
would honestly plenty.
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That doesn't even get you out
of the financial hole you're in.
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B-But it helps. I mean,
we should just take it.
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Yeah.
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00:07:10,633 --> 00:07:12,113
Benny, would you explain to our clients
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how the game is played?
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Mm. You know the only thing better
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than a six-figure settlement?
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A million dollars.
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I... I don't think
my brain can count that high.
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Taylor, thank you.
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And thank you both.
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It's our pleasure.
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Oh, any friends of Taylor's
are friends of ours.
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Are you Miles? Miles McConnell?
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Yeah, maybe. Who's asking?
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You've been served.
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What is it?
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Mind if I take a look at it?
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It's a paternity petition
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from a man named Roderick Walton.
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Okay, what does this mean?
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It means he believes
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he's your son's biological father,
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and he's suing you for custody.
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Synced & corrected by -robtor-
www.addic7ed.com
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All rise.
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00:08:15,891 --> 00:08:19,024
In the matter of Walton v. McConnell,
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in light of the recent paternity test,
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there can be no doubt
that Mr. Roderick Walton
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is indeed the biological father
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of Joseph Patrick McConnell.
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Therefore,
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Mr. Walton does have
a legal claim to the child.
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I have to say I have never encountered
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a situation like this before.
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Under the circumstances,
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it would be my strenuous
recommendation that both parties
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and their counsel meet with me
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in chambers to discuss
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a joint custody resolution.
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00:08:50,012 --> 00:08:52,057
Your Honor, just to be clear,
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as the only parents
this child has ever known,
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the McConnells believe
it is their right and duty
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to retain sole custody.
220
00:08:58,586 --> 00:09:01,850
Your Honor, also in
the interest of clarity,
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00:09:02,400 --> 00:09:04,635
my clients believe it is their right
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00:09:04,679 --> 00:09:08,117
and their duty to demand
full custody as well.
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I beg your pardon, but
I gave birth to this baby.
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Benny's got this. It's okay.
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00:09:12,339 --> 00:09:14,515
Your Honor, my client,
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00:09:14,558 --> 00:09:17,692
Elisabeth McConnell,
carried Joseph for nine months.
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They shared a heartbeat. She birthed him.
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She's been nursing him
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- since the day he was born.
- Your Honor,
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00:09:24,351 --> 00:09:25,961
my wife and I wish
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we had had all of those experiences.
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The pregnancy, the birth,
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00:09:30,835 --> 00:09:33,403
the months of sleepless
unconditional love.
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00:09:34,307 --> 00:09:35,971
But Samara and I didn't
even know we had a son
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until last week.
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And I'll be damned if
we're going to be enjoined
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from missing any more of his life.
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Your Honor, if can just finish what...
239
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Mr. and Mrs. Walton,
do you have any other children?
240
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No, Your Honor. No.
241
00:09:49,637 --> 00:09:53,510
Roderick and I have tried
for years to conceive.
242
00:09:54,093 --> 00:09:58,488
We've had 12 rounds
of in-vitro fertilization.
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00:09:59,255 --> 00:10:03,999
I've suffered miscarriage
after miscarriage.
244
00:10:04,879 --> 00:10:06,567
It was soul crushing.
245
00:10:08,066 --> 00:10:10,025
So when we discovered
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that there was a baby in this world
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that is biologically Roderick's,
248
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we knew that we had to raise him.
249
00:10:20,103 --> 00:10:22,515
And I need to ask you this again:
250
00:10:22,559 --> 00:10:24,387
You would not be willing
251
00:10:24,430 --> 00:10:26,737
to entertain a split custody arrangement?
252
00:10:27,782 --> 00:10:29,863
No offense to the McConnells,
253
00:10:30,610 --> 00:10:33,203
but they're complete strangers to us.
254
00:10:33,950 --> 00:10:35,104
This is my son.
255
00:10:36,312 --> 00:10:39,924
And we have no desire to raise
him with complete strangers.
256
00:10:42,144 --> 00:10:45,451
Since both sides are refusing
to entertain a resolution,
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I'm forced to schedule a custody hearing.
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00:10:48,367 --> 00:10:51,588
In addition, I'm going to
appoint a guardian ad litem
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to investigate both sets of parents.
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00:10:53,808 --> 00:10:56,254
That guardian, Michele Downey,
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will then issue a recommendation
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regarding what would be in
the best interest of the child.
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00:11:01,467 --> 00:11:03,876
For now, the McConnells
will retain custody...
264
00:11:05,471 --> 00:11:07,299
...but I'm granting Mr. Walton
265
00:11:07,343 --> 00:11:09,301
temporary court-monitored visitation
266
00:11:09,345 --> 00:11:11,042
for one hour a day.
267
00:11:11,086 --> 00:11:12,609
If it please the court,
268
00:11:12,652 --> 00:11:16,743
my client is requesting, uh,
the first visitation be today.
269
00:11:19,103 --> 00:11:22,401
Well, since Ms. Downey
is already on the premises,
270
00:11:22,445 --> 00:11:24,167
I don't see why not.
271
00:11:25,084 --> 00:11:27,493
Why didn't you fight harder in there?
272
00:11:27,537 --> 00:11:29,583
Visitation in-in five minutes?
273
00:11:29,626 --> 00:11:32,672
How in God's name can I be
expected to hand my child over
274
00:11:32,716 --> 00:11:34,065
to a s... complete stranger?
275
00:11:34,109 --> 00:11:35,501
He needs to eat soon,
276
00:11:35,545 --> 00:11:36,981
and he just doesn't take
a bottle from anyone.
277
00:11:37,025 --> 00:11:39,349
Can we go back and appeal it?
278
00:11:39,374 --> 00:11:42,116
In custody cases, there is no jury.
279
00:11:42,141 --> 00:11:45,144
It's all about the judge.
She has the final say.
280
00:11:45,169 --> 00:11:46,519
She has the only say.
281
00:11:46,803 --> 00:11:48,326
Trust me,
282
00:11:48,351 --> 00:11:52,442
that judge is focusing
on each party's reasonableness
283
00:11:52,467 --> 00:11:54,556
and willingness to follow court orders.
284
00:11:54,581 --> 00:11:56,148
It would just be a huge mistake
285
00:11:56,173 --> 00:11:58,393
to use our capital trying to appeal
286
00:11:58,611 --> 00:12:00,831
the very first thing
the judge made a decision on.
287
00:12:00,875 --> 00:12:02,659
We need to play the long game here.
288
00:12:02,702 --> 00:12:04,269
And you need to be as cordial as possible
289
00:12:04,313 --> 00:12:06,584
going into this visitation.
290
00:12:06,669 --> 00:12:08,279
Don't even think
291
00:12:08,304 --> 00:12:11,742
about trying to manipulate your
son into not liking Roderick.
292
00:12:11,767 --> 00:12:13,333
Don't try and squeeze him too tight
293
00:12:13,358 --> 00:12:15,664
or cue him to be scared in any way.
294
00:12:15,689 --> 00:12:18,158
The guardian ad litem
is gonna be watching you
295
00:12:18,183 --> 00:12:19,979
very closely,
296
00:12:20,004 --> 00:12:22,528
and you don't want her to think
that you are trying to sway
297
00:12:22,553 --> 00:12:24,978
your child emotionally.
298
00:12:25,494 --> 00:12:28,628
I promise you,
they will hold that against you.
299
00:12:32,294 --> 00:12:35,601
You have my word, you'll have
your baby back in an hour.
300
00:12:48,009 --> 00:12:52,112
It's, uh, it's his feeding time,
so he might be a little fussy.
301
00:12:52,156 --> 00:12:53,763
Hey. Yeah.
302
00:12:53,807 --> 00:12:55,190
It helps if you angle it.
303
00:12:56,080 --> 00:12:57,908
Got it. Thank you.
304
00:12:58,106 --> 00:13:00,151
Hey, Joseph.
305
00:13:01,055 --> 00:13:03,274
Hey, it's me. Huh?
306
00:13:03,459 --> 00:13:05,560
It's your daddy. Huh?
307
00:13:07,811 --> 00:13:09,772
God.
308
00:13:10,262 --> 00:13:11,394
Hey.
309
00:13:14,818 --> 00:13:16,167
Hey.
310
00:13:18,039 --> 00:13:19,692
_
311
00:13:19,736 --> 00:13:20,971
Ms. Downey,
312
00:13:21,015 --> 00:13:22,869
I understand you did
an extensive investigation
313
00:13:22,913 --> 00:13:24,306
into both sets of parents.
314
00:13:24,349 --> 00:13:25,524
I did, Your Honor.
315
00:13:25,568 --> 00:13:26,786
And what can you tell me?
316
00:13:26,830 --> 00:13:28,788
So the judge can ask questions?
317
00:13:28,832 --> 00:13:31,226
Any time she wants.
Remember, there's no jury.
318
00:13:31,269 --> 00:13:33,296
She's the whole ball of wax.
319
00:13:33,880 --> 00:13:35,447
I feel I have a clear sense
320
00:13:35,491 --> 00:13:38,051
of both the McConnells and the Waltons.
321
00:13:38,123 --> 00:13:41,431
I'll be honest,
this is a difficult situation.
322
00:13:42,055 --> 00:13:44,761
I believe both couples are good people
323
00:13:44,804 --> 00:13:46,684
and would be fit parents,
324
00:13:46,981 --> 00:13:49,635
but since both families
are fighting for sole custody,
325
00:13:49,660 --> 00:13:51,531
it falls to me to make an assessment
326
00:13:51,556 --> 00:13:54,428
based on who's better
for the baby long-term.
327
00:13:54,543 --> 00:13:55,892
And have you come to a conclusion?
328
00:13:55,990 --> 00:13:57,111
I have.
329
00:13:57,674 --> 00:14:00,948
I have taken lots of factors
into consideration, Your Honor.
330
00:14:01,090 --> 00:14:04,619
Uh, we use a combination of
criteria to make this decision.
331
00:14:04,824 --> 00:14:06,652
The primary three are
332
00:14:06,696 --> 00:14:08,414
the parents' emotional stability,
333
00:14:08,464 --> 00:14:11,597
the parents' physical ability
to raise the child,
334
00:14:11,622 --> 00:14:13,232
and the parents' employment history
335
00:14:13,257 --> 00:14:15,963
and financial ability
to care for the child.
336
00:14:16,354 --> 00:14:17,834
With regards to the first two criteria,
337
00:14:17,859 --> 00:14:21,819
the two families are clearly
both more than up to the task.
338
00:14:22,103 --> 00:14:23,521
That leaves us
339
00:14:23,546 --> 00:14:25,431
with the third criteria.
340
00:14:26,281 --> 00:14:29,153
These are photos of the nursery
the Waltons have set up
341
00:14:29,197 --> 00:14:32,647
in their home in anticipation
of Joseph's arrival.
342
00:14:32,672 --> 00:14:35,632
And here are photos of the McConnells'
343
00:14:35,657 --> 00:14:38,007
one-bedroom apartment
and the current accommodations
344
00:14:38,032 --> 00:14:40,034
they've set up for baby Joseph.
345
00:14:40,512 --> 00:14:42,471
As you can see, at the present time,
346
00:14:42,514 --> 00:14:45,256
parents and child share a single bedroom.
347
00:14:45,300 --> 00:14:47,432
Uh, in and of itself, not at all
348
00:14:47,476 --> 00:14:49,913
an unusual or undesirable arrangement,
349
00:14:49,956 --> 00:14:52,083
particularly at Joseph's young age.
350
00:14:52,568 --> 00:14:55,440
With regard to the child's education,
351
00:14:55,484 --> 00:14:58,095
the Walton family has already
secured Joseph a spot
352
00:14:58,139 --> 00:15:00,706
at the prestigious Hurstview Academy,
353
00:15:01,092 --> 00:15:03,261
while at the present time,
354
00:15:03,346 --> 00:15:05,724
the McConnells have not yet explored
355
00:15:05,749 --> 00:15:07,794
educational possibilities for Joseph
356
00:15:07,931 --> 00:15:11,811
outside the public school
options in their neighborhood.
357
00:15:11,960 --> 00:15:14,919
Again, in and of itself,
not at all an unusual
358
00:15:14,944 --> 00:15:18,542
or unexpected answer
given Joseph's young age.
359
00:15:18,567 --> 00:15:20,449
Are we gonna be okay here?
360
00:15:20,505 --> 00:15:22,738
- Any questions for the guardian?
- Yes, Your Honor.
361
00:15:22,946 --> 00:15:26,036
Uh, Ms. Downey, I'm curious,
362
00:15:26,080 --> 00:15:29,083
are you familiar with
the studies that have been done
363
00:15:29,126 --> 00:15:31,771
on reactive attachment disorder?
364
00:15:31,815 --> 00:15:35,703
Uh, studies that were conducted
to determine the effects
365
00:15:35,746 --> 00:15:38,104
on an infant child when it is ripped
366
00:15:38,147 --> 00:15:41,940
from its primary caregivers
during its first year of life?
367
00:15:41,984 --> 00:15:44,646
Yes. I am very aware of those studies.
368
00:15:44,690 --> 00:15:46,763
I'm also aware of studies
that demonstrate
369
00:15:46,807 --> 00:15:50,104
that when an infant is placed
in a loving, stable home,
370
00:15:50,147 --> 00:15:52,845
the likelihood of the child experiencing
371
00:15:52,889 --> 00:15:55,246
reactive attachment disorder
is slim to none.
372
00:15:55,289 --> 00:15:56,893
This woman is not on our side.
373
00:15:56,936 --> 00:15:58,416
But at the very least,
374
00:15:58,460 --> 00:16:01,701
you would concede that it can be
a stressor on the child,
375
00:16:01,744 --> 00:16:02,898
can it not?
376
00:16:02,941 --> 00:16:05,684
I know that one of the biggest
stressors on a family
377
00:16:05,728 --> 00:16:07,121
and a child is whether or not
378
00:16:07,164 --> 00:16:08,818
the parents are financially stable.
379
00:16:08,861 --> 00:16:11,908
And the fact is the McConnells'
financial situation
380
00:16:11,951 --> 00:16:13,329
over the past ten years
381
00:16:13,354 --> 00:16:17,532
has been, well, uncertain at best.
382
00:16:17,827 --> 00:16:19,480
In fact, just two months ago,
383
00:16:19,508 --> 00:16:21,510
they were over half
a million dollars in debt.
384
00:16:21,780 --> 00:16:23,826
They had to borrow money for diapers
385
00:16:23,851 --> 00:16:25,609
and an antibiotic for the child.
386
00:16:25,634 --> 00:16:27,027
It was only their recent settlement
387
00:16:27,052 --> 00:16:28,793
with the fertility clinic
that pulled them out
388
00:16:28,818 --> 00:16:30,491
of their dire financial straits.
389
00:16:30,516 --> 00:16:33,283
Be that as it may, Ms. Downey,
I hope you're not poised
390
00:16:33,308 --> 00:16:35,789
to make judgement
based simply on the fact
391
00:16:35,814 --> 00:16:38,539
that one family
has more money than the other.
392
00:16:38,564 --> 00:16:40,650
Mr. Colón, let's not argue over
393
00:16:40,675 --> 00:16:42,460
the guardian's judgment
until she renders one.
394
00:16:42,485 --> 00:16:43,921
And with that in mind,
395
00:16:43,946 --> 00:16:45,078
Ms. Downey,
396
00:16:45,246 --> 00:16:48,074
are you prepared
to make a recommendation?
397
00:16:49,075 --> 00:16:52,099
Honestly, I cannot say
398
00:16:52,143 --> 00:16:54,342
either family is unfit.
399
00:16:55,206 --> 00:16:56,561
But if forced
400
00:16:56,605 --> 00:16:59,085
to make a recommendation between the two,
401
00:17:00,177 --> 00:17:01,831
I would recommend the Waltons.
402
00:17:12,956 --> 00:17:14,697
It's okay. We're not done.
403
00:17:14,722 --> 00:17:16,310
It's not over.
404
00:17:21,481 --> 00:17:24,527
Why are you seeking
full custody of your son?
405
00:17:25,224 --> 00:17:29,949
My son is currently
a three-month-old baby.
406
00:17:30,272 --> 00:17:32,231
But in the blink of an eye,
407
00:17:32,274 --> 00:17:33,710
he'll be a six-year-old boy.
408
00:17:33,754 --> 00:17:36,409
And one day, he'll be
a 16-year-old young black man.
409
00:17:37,671 --> 00:17:40,456
And that young black man
410
00:17:40,960 --> 00:17:43,720
is going to need someone
who knows how to guide him.
411
00:17:45,113 --> 00:17:47,341
Someone to give him "the talk."
412
00:17:47,942 --> 00:17:49,900
Someone who knows how to show him
413
00:17:49,944 --> 00:17:52,555
exactly what to do with his
hands when he gets pulled over.
414
00:17:53,723 --> 00:17:56,211
Someone to bring him into the
police station and introduce him
415
00:17:56,255 --> 00:17:59,145
to the local police
so they know his name.
416
00:18:01,773 --> 00:18:03,992
Do the McConnells know
they need to do that?
417
00:18:04,611 --> 00:18:06,047
Do they even know how
418
00:18:06,090 --> 00:18:07,611
to do that?
419
00:18:08,286 --> 00:18:09,533
I doubt it.
420
00:18:09,558 --> 00:18:10,788
Objection.
421
00:18:10,831 --> 00:18:13,968
Your Honor, this is
an unfair and misleading
422
00:18:14,011 --> 00:18:15,970
characterization.
423
00:18:16,013 --> 00:18:19,060
Mr. Walton, I need you to stick to facts.
424
00:18:19,103 --> 00:18:20,235
Yes, Your Honor.
425
00:18:21,280 --> 00:18:23,630
The reality is
426
00:18:24,587 --> 00:18:27,460
this child is going to have
a piece of his identity
427
00:18:27,503 --> 00:18:29,133
that he wears.
428
00:18:29,679 --> 00:18:32,378
All the time. There's no hiding it.
429
00:18:32,421 --> 00:18:34,031
And as much as we'd like to believe
430
00:18:34,075 --> 00:18:36,974
this world is color-blind, we
all know that just isn't true.
431
00:18:38,122 --> 00:18:41,256
What is true is that this world
432
00:18:41,300 --> 00:18:44,564
is a complicated place
433
00:18:44,607 --> 00:18:48,002
for a biracial child, a biracial teen.
434
00:18:48,251 --> 00:18:51,254
A biracial man.
435
00:18:52,559 --> 00:18:54,909
It's tough to find your way.
436
00:18:55,743 --> 00:18:59,448
And Joseph is going to need
his biological father
437
00:18:59,492 --> 00:19:02,571
to help him navigate. He just is.
438
00:19:02,843 --> 00:19:04,410
Do you have anything else
439
00:19:04,453 --> 00:19:06,020
you want to share with the court?
440
00:19:07,880 --> 00:19:10,524
I would like the court to know
441
00:19:11,155 --> 00:19:16,117
that I was raised
by a strong, loving father.
442
00:19:16,160 --> 00:19:18,391
As was my father before me.
443
00:19:20,513 --> 00:19:24,821
And I'll be damned if I am
going to turn my back on my son
444
00:19:24,865 --> 00:19:28,695
and perpetuate the stereotype
of the absentee black father.
445
00:19:30,447 --> 00:19:33,015
I have no further questions
for this witness.
446
00:19:40,446 --> 00:19:41,577
Good morning, Mr. Walton.
447
00:19:41,621 --> 00:19:43,231
Now, yesterday we heard all about
448
00:19:43,275 --> 00:19:46,669
your impressive success
in the business world,
449
00:19:46,713 --> 00:19:49,890
your considerable financial resources.
450
00:19:49,933 --> 00:19:53,195
But that must come at a cost,
does it not?
451
00:19:53,239 --> 00:19:55,441
I suppose everything comes at a cost.
452
00:19:55,485 --> 00:19:57,027
How many hours a week
453
00:19:57,071 --> 00:19:59,073
would you estimate
that you and your wife work?
454
00:19:59,116 --> 00:20:04,121
If I had to put a number on it,
I'd say probably 60 hours.
455
00:20:04,165 --> 00:20:05,732
- Each?
- Yes.
456
00:20:06,397 --> 00:20:08,300
Again, that's an approximation.
457
00:20:08,343 --> 00:20:11,041
A lot of that work happens at
home on laptops and telephones.
458
00:20:11,085 --> 00:20:14,480
Mm. And do you work on the weekends?
459
00:20:14,989 --> 00:20:16,264
Sometimes.
460
00:20:16,308 --> 00:20:18,310
Your Honor, I can assure you,
that will change
461
00:20:18,353 --> 00:20:20,093
once we have custody of our son.
462
00:20:20,137 --> 00:20:22,836
Mm. Will it, though?
463
00:20:23,205 --> 00:20:24,533
Isn't it true
464
00:20:24,577 --> 00:20:26,883
that you've already begun
interviewing nannies?
465
00:20:26,927 --> 00:20:29,190
Night nurses? Weekend nannies?
466
00:20:29,233 --> 00:20:31,410
Just because my
wife and I work long hours,
467
00:20:31,453 --> 00:20:34,238
that doesn't mean we aren't
going to be hands-on parents.
468
00:20:34,282 --> 00:20:37,470
That's how my parents raised me,
and I was all the better for it.
469
00:20:37,495 --> 00:20:39,236
I learned the value
of a strong work ethic.
470
00:20:39,548 --> 00:20:41,245
The value of a job well done.
471
00:20:41,289 --> 00:20:42,682
Maybe so,
472
00:20:42,725 --> 00:20:45,685
but... it's feeling like
473
00:20:45,728 --> 00:20:48,814
you're preparing
to outsource your parenting,
474
00:20:49,498 --> 00:20:51,370
when this child already has two
475
00:20:51,817 --> 00:20:54,911
wonderful, loving, hands-on,
476
00:20:54,955 --> 00:20:57,114
full-time parents.
477
00:20:57,403 --> 00:20:59,187
Miles and Elisabeth McConnell.
478
00:20:59,212 --> 00:21:00,778
Two parents who don't understand
the first thing
479
00:21:00,803 --> 00:21:03,153
about raising a black child.
480
00:21:03,913 --> 00:21:06,096
Might I point out, Mr. Walton,
481
00:21:06,140 --> 00:21:09,404
that white parents
successfully raise black
482
00:21:09,448 --> 00:21:10,886
and biracial children all the time.
483
00:21:10,911 --> 00:21:12,869
That's your opinion, sir.
484
00:21:15,935 --> 00:21:17,545
I have no further questions, Your Honor.
485
00:21:20,589 --> 00:21:22,056
What do you think?
486
00:21:23,026 --> 00:21:25,681
Reading a judge isn't the same
as reading a jury,
487
00:21:25,725 --> 00:21:28,423
but, while Mr. Walton
was a compelling witness,
488
00:21:28,467 --> 00:21:30,506
I think he did himself
as much harm as good.
489
00:21:30,550 --> 00:21:33,225
They rested their case.
It's our turn now.
490
00:21:33,268 --> 00:21:35,245
You still want to stick with the plan?
491
00:21:35,288 --> 00:21:37,488
Call Elisabeth as our first witness?
492
00:21:38,240 --> 00:21:39,633
No.
493
00:21:39,956 --> 00:21:41,567
I think we need to remind the judge
494
00:21:41,592 --> 00:21:43,638
that this baby already has a father.
495
00:21:45,401 --> 00:21:47,877
Those first moments in the delivery room,
496
00:21:47,921 --> 00:21:50,358
when you realized you probably didn't
497
00:21:50,383 --> 00:21:52,419
share DNA with your son,
498
00:21:53,379 --> 00:21:54,884
how did you respond?
499
00:21:54,928 --> 00:21:58,192
I was shocked. I was surprised.
500
00:21:58,676 --> 00:22:01,136
When I was holding Joseph,
501
00:22:01,731 --> 00:22:03,733
and the way he was looking at me,
502
00:22:03,870 --> 00:22:05,785
his helplessness...
503
00:22:05,810 --> 00:22:08,310
At that point, I stopped
thinking about DNA,
504
00:22:08,821 --> 00:22:10,479
biology, all that.
505
00:22:11,031 --> 00:22:14,643
I just thought,
"I'm gonna make the best life
506
00:22:14,687 --> 00:22:16,610
"I possibly can for you,
507
00:22:17,282 --> 00:22:20,415
because I'm your father,
and you're my child."
508
00:22:21,694 --> 00:22:23,130
I know it's
509
00:22:23,173 --> 00:22:25,744
a hokey expression,
but I really do believe
510
00:22:26,525 --> 00:22:29,223
God doesn't throw you
more than you can handle.
511
00:22:29,266 --> 00:22:30,958
So you went about doing that?
512
00:22:31,962 --> 00:22:33,486
Making the best life for your son?
513
00:22:33,511 --> 00:22:35,170
I'm sure trying.
514
00:22:37,884 --> 00:22:39,633
He's got colic, you know,
515
00:22:39,658 --> 00:22:41,747
so we're up a lot of nights.
516
00:22:41,772 --> 00:22:43,731
But no matter how tired I get,
517
00:22:44,305 --> 00:22:46,932
once he finally finds his way to sleep,
518
00:22:47,456 --> 00:22:51,286
I stay up a little while
longer and just watch
519
00:22:52,187 --> 00:22:54,030
and smile.
520
00:22:54,815 --> 00:22:56,468
Because he's mine.
521
00:22:58,068 --> 00:22:59,962
I don't know. It's, uh...
522
00:23:03,997 --> 00:23:06,452
It's the way he looks at me
first thing in the morning.
523
00:23:07,304 --> 00:23:08,871
Yeah, it's...
524
00:23:09,568 --> 00:23:11,265
He knows who I am.
525
00:23:13,267 --> 00:23:16,444
It's got nothing to do with DNA.
526
00:23:18,228 --> 00:23:20,230
He knows he can count on me.
527
00:23:22,102 --> 00:23:23,636
He knows I'm Dad.
528
00:23:26,500 --> 00:23:28,140
Nothing further, Your Honor.
529
00:23:31,352 --> 00:23:32,808
He was a good witness, wasn't he?
530
00:23:32,852 --> 00:23:34,114
So far.
531
00:23:34,157 --> 00:23:35,550
Mr. McConnell,
532
00:23:35,594 --> 00:23:38,623
can you tell the court
where you were last Tuesday
533
00:23:38,666 --> 00:23:40,444
at 4:00 p.m.?
534
00:23:41,991 --> 00:23:43,776
You know where this is going?
535
00:23:43,819 --> 00:23:45,125
It's nothing.
536
00:23:45,699 --> 00:23:47,344
I had an appointment.
537
00:23:47,388 --> 00:23:48,911
Would you tell the court
what kind of appointment?
538
00:23:49,411 --> 00:23:50,696
A doctor's appointment.
539
00:23:50,739 --> 00:23:52,393
What kind of doctor, Mr. McConnell?
540
00:23:52,436 --> 00:23:53,742
Objection, Your Honor.
541
00:23:53,786 --> 00:23:55,309
Counselor's badgering the witness.
542
00:23:55,352 --> 00:23:57,659
Your Honor, there's a point
to this line of questioning,
543
00:23:57,703 --> 00:24:01,173
if the court would just afford
me a little more latitude.
544
00:24:02,055 --> 00:24:03,634
Objection overruled.
545
00:24:03,659 --> 00:24:05,095
The witness will answer the question.
546
00:24:07,513 --> 00:24:08,806
A therapist.
547
00:24:09,628 --> 00:24:12,232
A behavioral therapist. A psychologist.
548
00:24:12,275 --> 00:24:14,755
They must have hired a private
detective to follow him.
549
00:24:14,799 --> 00:24:17,128
Are you sure there's
nothing I need to know?
550
00:24:17,623 --> 00:24:19,986
- No. It's all good.
- And may I ask
551
00:24:20,029 --> 00:24:23,206
how long you've been
seeing this therapist?
552
00:24:23,737 --> 00:24:25,295
Almost four years.
553
00:24:25,339 --> 00:24:26,819
And can you tell the court
554
00:24:26,862 --> 00:24:29,822
what compelled you to seek the services
555
00:24:29,865 --> 00:24:31,084
of a therapist?
556
00:24:31,127 --> 00:24:32,694
Your Honor, counsel is on
557
00:24:32,738 --> 00:24:34,478
a fishing expedition here.
558
00:24:34,522 --> 00:24:38,744
A, we were unaware of any effort
on the plaintiff's part
559
00:24:38,787 --> 00:24:42,051
to request my client's
private psychiatric records;
560
00:24:42,095 --> 00:24:45,577
and, B, seeking the services
of a licensed therapist
561
00:24:45,620 --> 00:24:47,143
is something millions of people,
562
00:24:47,187 --> 00:24:50,121
many of them parents,
do day in and day out.
563
00:24:50,738 --> 00:24:51,747
Counselor,
564
00:24:51,791 --> 00:24:53,367
I need you to ask a question
565
00:24:53,410 --> 00:24:55,238
that ties Mr. McConnell's therapy
566
00:24:55,282 --> 00:24:57,327
to the questions at hand here today,
567
00:24:57,371 --> 00:24:59,273
or change your line of questioning.
568
00:24:59,298 --> 00:25:02,780
Of course, Your Honor.
I-I understand, Your Honor.
569
00:25:03,029 --> 00:25:05,466
Uh, but I do have one last question
570
00:25:05,509 --> 00:25:06,815
that might make it apparent
571
00:25:06,859 --> 00:25:09,209
why I'm going down this road.
572
00:25:11,452 --> 00:25:14,257
Mr. McConnell, isn't it true that
573
00:25:14,301 --> 00:25:15,998
the therapist you're working with is one
574
00:25:16,042 --> 00:25:20,307
that specializes in issues
involving anger management
575
00:25:20,676 --> 00:25:22,504
and temper control?
576
00:25:24,269 --> 00:25:25,716
Yes.
577
00:25:26,325 --> 00:25:27,836
Now I'm curious.
578
00:25:27,880 --> 00:25:29,708
Is this an issue for you in your life?
579
00:25:30,554 --> 00:25:32,188
Your Honor, I sought treatment
580
00:25:32,232 --> 00:25:34,408
when we started trying to have a baby.
581
00:25:34,451 --> 00:25:36,143
May I ask why?
582
00:25:38,673 --> 00:25:41,545
Growing up, my house wasn't always...
583
00:25:44,374 --> 00:25:47,943
I don't know... my father
could be great some days.
584
00:25:49,597 --> 00:25:51,686
Sometimes his temper got the best of him.
585
00:25:51,730 --> 00:25:54,689
And are we talking about verbal abuse?
586
00:25:54,733 --> 00:25:57,873
Yelling, screaming, abusive language?
587
00:25:58,957 --> 00:26:00,417
Not just that.
588
00:26:01,303 --> 00:26:03,001
So, physical abuse.
589
00:26:04,656 --> 00:26:06,179
Sometimes, yeah.
590
00:26:06,632 --> 00:26:08,050
Towards you?
591
00:26:09,092 --> 00:26:10,618
Your mother, your siblings?
592
00:26:11,845 --> 00:26:13,430
Everyone in the house.
593
00:26:14,807 --> 00:26:16,683
So I wanted to talk to someone
594
00:26:17,392 --> 00:26:18,931
so I could be better for my children.
595
00:26:18,974 --> 00:26:20,976
I didn't want the cycle to continue.
596
00:26:21,020 --> 00:26:23,762
And did you have a reason
to think that it might?
597
00:26:24,078 --> 00:26:26,735
I guess I-I just didn't want
the cycle to continue.
598
00:26:28,984 --> 00:26:30,551
I'd never been a father before.
599
00:26:30,594 --> 00:26:32,553
I didn't know what to expect.
600
00:26:32,596 --> 00:26:34,773
- I wanted to get ahead of it.
- Your Honor,
601
00:26:34,816 --> 00:26:36,818
the fact that Mr. McConnell was proactive
602
00:26:36,862 --> 00:26:38,864
out of an abundance of caution means that
603
00:26:38,907 --> 00:26:42,868
he is a thoughtful, careful
and concerned father,
604
00:26:42,911 --> 00:26:44,318
not a dangerous one.
605
00:26:44,361 --> 00:26:46,262
I'm inclined to agree.
606
00:26:46,306 --> 00:26:48,656
- Are we through with this subject?
- Not quite.
607
00:26:48,700 --> 00:26:52,878
Mr. McConnell, have you ever
broken anything in anger?
608
00:26:56,102 --> 00:26:58,234
Sure. I suppose. Who hasn't?
609
00:26:58,259 --> 00:26:59,826
Have you ever yelled at a colleague,
610
00:27:00,015 --> 00:27:02,888
- a neighbor, family member?
- Objection.
611
00:27:02,931 --> 00:27:05,412
Your Honor, counsel has
her fishing pole back out,
612
00:27:05,455 --> 00:27:07,414
in addition to badgering the witness.
613
00:27:07,457 --> 00:27:08,763
Let's get to the point.
614
00:27:09,486 --> 00:27:11,505
Have you ever been asked to leave a bar
615
00:27:11,548 --> 00:27:12,941
because you got in a fight?
616
00:27:17,619 --> 00:27:19,034
Mr. McConnell?
617
00:27:19,830 --> 00:27:21,123
Once.
618
00:27:22,082 --> 00:27:24,039
A long time ago, when I was in college.
619
00:27:24,083 --> 00:27:25,649
Ever punch a hole in a wall?
620
00:27:25,693 --> 00:27:27,434
Your Honor, objection.
621
00:27:27,477 --> 00:27:31,046
What Mr. McConnell did
or did not do in college
622
00:27:31,090 --> 00:27:33,527
has little to do
with his ability to parent.
623
00:27:33,570 --> 00:27:34,789
If we were all judged
624
00:27:34,833 --> 00:27:37,270
- by what we did...
- Overruled, Mr. Colón.
625
00:27:37,313 --> 00:27:39,968
Mr. McConnell,
please answer the question.
626
00:27:42,517 --> 00:27:45,259
Mr. McConnell, I'm waiting for an answer.
627
00:27:45,844 --> 00:27:48,281
Have you ever punched a hole in a wall?
628
00:27:50,903 --> 00:27:52,687
I was 16.
629
00:27:55,723 --> 00:27:57,743
I'm a different person now.
630
00:27:59,509 --> 00:28:01,816
I have worked on myself
631
00:28:01,860 --> 00:28:05,472
so I am not the father that I had.
632
00:28:05,515 --> 00:28:08,823
I-I have worked on myself so
that this is never an issue.
633
00:28:08,867 --> 00:28:10,477
And are we just supposed
634
00:28:10,520 --> 00:28:12,007
to take your word for that?
635
00:28:12,740 --> 00:28:15,719
There's an infant's well-being
at stake here.
636
00:28:16,657 --> 00:28:20,139
You admit that you grew up
in an abusive household.
637
00:28:20,182 --> 00:28:21,575
You admit you're worried
638
00:28:21,618 --> 00:28:25,062
about continuing the cycle of abuse.
639
00:28:26,538 --> 00:28:28,844
Shouldn't we be worried, too?
640
00:28:31,672 --> 00:28:32,809
Your Honor,
641
00:28:32,834 --> 00:28:35,656
is this really someone we should
be awarding custody to?
642
00:28:45,910 --> 00:28:47,346
Good morning.
643
00:28:50,746 --> 00:28:52,530
Can I get you anything?
644
00:28:52,780 --> 00:28:53,955
My baby.
645
00:28:55,446 --> 00:28:58,841
Look, uh, I know this is
a pretty difficult time.
646
00:28:58,885 --> 00:29:00,234
What are you hearing?
647
00:29:01,844 --> 00:29:03,237
- It's not looking good, is it?
- Okay.
648
00:29:03,280 --> 00:29:05,630
We need to get a few things straight.
649
00:29:05,674 --> 00:29:06,762
Okay?
650
00:29:06,806 --> 00:29:08,242
Testifying in a court of law,
651
00:29:08,285 --> 00:29:10,316
testifying like
you're gonna do tomorrow...
652
00:29:11,066 --> 00:29:12,072
It's a lot like
653
00:29:12,115 --> 00:29:14,335
riding a bike on a winding road.
654
00:29:14,378 --> 00:29:17,256
You keep looking back,
you're destined to falter.
655
00:29:17,300 --> 00:29:18,774
We need you
656
00:29:18,818 --> 00:29:20,036
looking forward,
657
00:29:20,080 --> 00:29:23,036
eyes on where we're going
and what we want.
658
00:29:24,329 --> 00:29:26,206
Divorce papers.
659
00:29:26,956 --> 00:29:29,002
Elisabeth, you filed for divorce?
660
00:29:29,045 --> 00:29:31,395
Y-Yeah, a while ago.
661
00:29:32,254 --> 00:29:34,729
Why wouldn't you tell us
something like this?
662
00:29:34,773 --> 00:29:36,470
Why wouldn't you
tell mesomething like this?
663
00:29:36,514 --> 00:29:37,950
How'd you find out?
664
00:29:37,993 --> 00:29:39,778
It's a matter of public record.
665
00:29:39,821 --> 00:29:42,128
Really? Wow.
666
00:29:42,172 --> 00:29:44,609
I-I mean, it's not like
I went through with it.
667
00:29:44,652 --> 00:29:47,394
I pulled those forms less than
an hour after I filed them.
668
00:29:47,438 --> 00:29:48,526
Miles doesn't even know.
669
00:29:50,571 --> 00:29:53,900
I-I was going through
a crazy time, emotionally.
670
00:29:54,401 --> 00:29:55,968
D-Do you think the other side knows?
671
00:29:56,011 --> 00:29:57,970
If the other side found out
about your husband
672
00:29:58,013 --> 00:29:59,276
seeing a therapist,
673
00:29:59,319 --> 00:30:01,669
then they definitely know about this.
674
00:30:01,713 --> 00:30:03,802
We need to talk to Bull
and Benny so that we can
675
00:30:03,845 --> 00:30:05,325
all figure out how we're
gonna get ahead of this.
676
00:30:05,369 --> 00:30:07,588
And before any of that happens,
677
00:30:07,632 --> 00:30:09,982
you need to tell your husband;
you need to tell Miles.
678
00:30:10,025 --> 00:30:11,810
This is not something
you want him to hear about
679
00:30:11,853 --> 00:30:13,855
for the first time in court.
680
00:30:15,351 --> 00:30:18,144
I've always wanted
to be a mother, and Miles has
681
00:30:18,188 --> 00:30:19,767
always wanted to be a father.
682
00:30:19,810 --> 00:30:22,255
It's just always been part of the plan.
683
00:30:22,299 --> 00:30:24,178
That's why we never gave up.
684
00:30:24,222 --> 00:30:27,260
Even after all the disappointments.
685
00:30:28,994 --> 00:30:31,214
And then suddenly it takes,
686
00:30:31,239 --> 00:30:33,648
and I'm pregnant again.
687
00:30:34,180 --> 00:30:38,924
Two months, three months,
and I'm-I'm still carrying him.
688
00:30:40,432 --> 00:30:43,870
Ultrasounds and listening to heartbeats,
689
00:30:43,895 --> 00:30:46,854
and I'm-I'm still carrying him.
690
00:30:48,288 --> 00:30:49,891
Seven months, eight months,
691
00:30:49,916 --> 00:30:52,788
and-and they keep telling me
that he's healthy,
692
00:30:52,813 --> 00:30:54,771
that-that I'm healthy.
693
00:30:54,796 --> 00:30:56,624
And I-I keep waiting for a pain,
694
00:30:56,649 --> 00:30:58,782
for something to go wrong
in the middle of the night,
695
00:30:58,807 --> 00:31:01,854
but... but it doesn't.
696
00:31:02,864 --> 00:31:04,562
And then
697
00:31:04,587 --> 00:31:06,589
they wheel me into that delivery room,
698
00:31:06,614 --> 00:31:08,141
and I realize...
699
00:31:09,128 --> 00:31:10,936
I'm about to give birth.
700
00:31:11,853 --> 00:31:13,464
Oh, my God.
701
00:31:15,543 --> 00:31:17,545
And he's perfect.
702
00:31:19,915 --> 00:31:21,613
Better than perfect.
703
00:31:22,707 --> 00:31:24,752
And he's ours.
704
00:31:26,055 --> 00:31:27,665
Mrs. McConnell,
705
00:31:28,016 --> 00:31:30,410
did you file divorce papers a year ago?
706
00:31:31,977 --> 00:31:33,413
I sure did.
707
00:31:33,457 --> 00:31:35,502
Filed in one Tuesday afternoon
708
00:31:35,546 --> 00:31:38,945
at 2:00, asked if I could have them back
709
00:31:38,970 --> 00:31:41,407
so I could rip them up
a little before 3:00.
710
00:31:42,217 --> 00:31:44,468
Sounds a little irrational.
711
00:31:45,252 --> 00:31:47,764
"Little" is kind.
712
00:31:48,447 --> 00:31:50,318
IVF, you know.
713
00:31:50,628 --> 00:31:54,414
I'd been taking hormones on
and off for years at that point.
714
00:31:54,439 --> 00:31:56,565
I-I wasn't myself.
715
00:31:57,778 --> 00:32:01,521
Things had become
tense and stressful at home.
716
00:32:01,546 --> 00:32:04,406
We were going broke
trying to get pregnant.
717
00:32:05,402 --> 00:32:08,187
I actually began to wonder if maybe Miles
718
00:32:08,231 --> 00:32:09,797
would be better off with someone else.
719
00:32:11,000 --> 00:32:12,956
Someone who could give him children.
720
00:32:17,460 --> 00:32:19,111
Thank you.
721
00:32:19,154 --> 00:32:20,547
No further questions, Your Honor.
722
00:32:23,689 --> 00:32:25,683
These divorce papers...
723
00:32:25,726 --> 00:32:27,728
How long ago did you say they were filed?
724
00:32:27,772 --> 00:32:31,499
About a year ago, maybe 13 months now.
725
00:32:31,543 --> 00:32:34,243
You know, it sounds like,
uh, you filed them
726
00:32:34,286 --> 00:32:36,127
just before you found out
you were pregnant.
727
00:32:36,152 --> 00:32:39,156
Yes. It all seemed to happen at once.
728
00:32:40,427 --> 00:32:43,940
Also sounds like maybe
you withdrew the papers
729
00:32:43,984 --> 00:32:46,573
when you found out you were pregnant.
730
00:32:46,617 --> 00:32:48,880
No. Like I said, I withdrew them
731
00:32:48,923 --> 00:32:50,595
not even an hour after I filed them.
732
00:32:50,639 --> 00:32:52,144
Do you remember the date?
733
00:32:52,187 --> 00:32:54,199
- I do.
- I'll bet you do.
734
00:32:54,243 --> 00:32:56,140
Because according
to your medical records,
735
00:32:56,184 --> 00:32:58,751
it was the exact same date
the clinic called
736
00:32:58,794 --> 00:33:02,246
to tell you your test
was positive, you were pregnant.
737
00:33:02,289 --> 00:33:04,102
Yeah... Well, I mean,
738
00:33:04,145 --> 00:33:07,294
yes, but that was purely coincidence.
739
00:33:07,337 --> 00:33:10,480
I mean, I-I withdrew them first,
same day I filed them,
740
00:33:10,524 --> 00:33:13,233
like I said, and then when
I got home that evening,
741
00:33:13,276 --> 00:33:14,861
the clinic called with the news.
742
00:33:14,905 --> 00:33:17,198
And are you sure
that was the order of events?
743
00:33:17,241 --> 00:33:19,484
- Definitely.
- So it's not as if
744
00:33:19,485 --> 00:33:21,574
you found out you were pregnant
745
00:33:21,618 --> 00:33:23,820
and thought the baby
would save your marriage?
746
00:33:23,863 --> 00:33:26,362
Objection, Your Honor.
Asked and answered.
747
00:33:26,405 --> 00:33:29,321
Objection sustained.
Ask another question,
748
00:33:29,365 --> 00:33:30,909
Ms. Taylor.
749
00:33:31,414 --> 00:33:34,025
Mrs. McConnell, are you sure
you're not fighting
750
00:33:34,050 --> 00:33:36,922
for this baby because
you fear your marriage
751
00:33:36,947 --> 00:33:38,296
won't survive without him?
752
00:33:38,321 --> 00:33:40,758
I'm fighting for my baby
because I love him,
753
00:33:40,783 --> 00:33:43,960
because Ican't survive without him.
754
00:33:45,903 --> 00:33:47,759
Thank you for your honesty.
755
00:33:48,713 --> 00:33:52,848
But this hearing
is about the baby's well-being,
756
00:33:53,310 --> 00:33:54,703
not yours.
757
00:33:57,602 --> 00:33:59,938
I have no further questions, Your Honor.
758
00:34:14,089 --> 00:34:15,568
Yeah?
759
00:34:15,593 --> 00:34:17,203
Bull, are you awake? It's Danny.
760
00:34:17,566 --> 00:34:20,792
Um... what's going on?
761
00:34:21,059 --> 00:34:22,408
Okay, well,
762
00:34:22,462 --> 00:34:24,180
you can't ask me how I got ahold of them,
763
00:34:24,205 --> 00:34:26,120
which means you can't use
what I'm about to tell you
764
00:34:26,145 --> 00:34:28,364
as evidence, but I was able to get a peek
765
00:34:28,389 --> 00:34:30,783
at the Waltons' medical records, both his
766
00:34:30,808 --> 00:34:32,984
- and hers.
- Yeah?
767
00:34:33,009 --> 00:34:34,097
And Samara...
768
00:34:34,430 --> 00:34:37,303
Samara had ovarian cancer last year.
769
00:34:37,346 --> 00:34:39,261
It's in remission now,
770
00:34:39,305 --> 00:34:41,916
but obviously it could
come back at any time.
771
00:34:43,352 --> 00:34:44,566
Bull?
772
00:34:45,022 --> 00:34:46,023
Yeah?
773
00:34:46,048 --> 00:34:47,310
One other thing.
774
00:34:47,335 --> 00:34:51,165
As a result of her illness,
she has no eggs,
775
00:34:51,190 --> 00:34:55,238
and it would be impossible
for her to get pregnant, ever.
776
00:34:58,083 --> 00:35:00,650
Ah, Mrs. McConnell. Mr. McConnell.
777
00:35:00,675 --> 00:35:02,459
Uh, if you would sit here.
778
00:35:06,791 --> 00:35:09,054
Thank you all for coming.
779
00:35:09,883 --> 00:35:12,677
I received a phone call last night
780
00:35:12,702 --> 00:35:16,097
about Mrs. Walton's medical history.
781
00:35:17,865 --> 00:35:20,998
And while she is in fine health
at the moment,
782
00:35:21,042 --> 00:35:22,812
18 months ago, things were far more dire.
783
00:35:22,837 --> 00:35:24,229
Again,
784
00:35:24,564 --> 00:35:29,047
she has a clean bill of health today,
785
00:35:29,311 --> 00:35:33,533
but the often fatal disease
she rallied against
786
00:35:33,576 --> 00:35:35,404
often recurs.
787
00:35:37,406 --> 00:35:39,365
Now, I could subpoena
her medical history,
788
00:35:39,408 --> 00:35:41,018
get her doctors on the stand,
789
00:35:41,062 --> 00:35:43,325
get medical professionals to talk about
790
00:35:43,369 --> 00:35:46,328
the possibility
of this disease recurring,
791
00:35:47,462 --> 00:35:49,375
but I don't want to do that.
792
00:35:53,553 --> 00:35:55,468
Truth is, even with all that,
793
00:35:55,511 --> 00:35:58,389
this case could go either way,
and the judge,
794
00:35:59,428 --> 00:36:02,127
whatever decision she makes...
795
00:36:03,829 --> 00:36:08,191
...at least one family
is going to be heartbroken.
796
00:36:11,082 --> 00:36:12,320
So...
797
00:36:13,280 --> 00:36:15,824
I'd like to propose a different solution.
798
00:36:17,533 --> 00:36:19,883
We know the combination
of Roderick's sperm
799
00:36:19,927 --> 00:36:25,367
and Elisabeth's egg created
a beautiful, healthy baby boy.
800
00:36:28,370 --> 00:36:29,937
Let's just do it again.
801
00:36:32,548 --> 00:36:34,067
You can't be serious.
802
00:36:34,092 --> 00:36:35,964
Oh, yes, I am.
803
00:36:36,291 --> 00:36:37,345
Samara,
804
00:36:37,432 --> 00:36:41,741
your disease left you with
no eggs to fertilize, right?
805
00:36:41,766 --> 00:36:43,812
So if Elisabeth
806
00:36:43,837 --> 00:36:45,038
was to donate an egg...
807
00:36:45,063 --> 00:36:46,521
Wait, wait, wait, wait.
808
00:36:47,874 --> 00:36:51,459
This is not why we're here.
This is not what we came for.
809
00:36:51,484 --> 00:36:52,920
Hold on.
810
00:36:52,945 --> 00:36:54,671
You want me to donate one
of my eggs to the Waltons?
811
00:36:54,743 --> 00:36:56,702
I'm suggesting a way
812
00:36:57,386 --> 00:37:00,468
that might give everyone what they want.
813
00:37:00,493 --> 00:37:02,800
But why would I ever agree
to have a child of mine
814
00:37:02,825 --> 00:37:05,741
out in the world without me
being able to raise him or her?
815
00:37:05,766 --> 00:37:08,377
Exactly why we're here.
816
00:37:11,657 --> 00:37:14,181
That's the way we feel about Joseph.
817
00:37:17,653 --> 00:37:19,829
And what if
818
00:37:20,074 --> 00:37:24,252
you didn't shut each other out
of either child's life?
819
00:37:25,018 --> 00:37:27,386
Each family raises a child
820
00:37:27,429 --> 00:37:29,605
of their own, and that child would know
821
00:37:29,649 --> 00:37:32,042
that there were other people out there
822
00:37:32,086 --> 00:37:34,068
who loved him or her.
823
00:37:34,875 --> 00:37:36,268
Better than a grandparent,
824
00:37:36,738 --> 00:37:39,407
another parent, and a brother
825
00:37:39,432 --> 00:37:42,952
or sister who, otherwise,
wouldn't be there.
826
00:37:43,500 --> 00:37:44,937
Now, I am not naive.
827
00:37:44,962 --> 00:37:47,748
I know that this is not gonna be
easy, but the upside...
828
00:37:49,935 --> 00:37:51,711
...the upside
829
00:37:52,278 --> 00:37:54,367
is so damn high up there...
830
00:37:57,154 --> 00:37:58,504
...it's almost unimaginable.
831
00:38:01,028 --> 00:38:04,423
Now, look, if this hearing
has proven anything, it's that
832
00:38:04,724 --> 00:38:06,684
none of you are perfect.
833
00:38:07,469 --> 00:38:10,777
But you are all
loving, caring, good people,
834
00:38:12,148 --> 00:38:15,068
and you all want what's best for Joseph.
835
00:38:18,306 --> 00:38:20,439
So why couldn't that be the love
836
00:38:20,482 --> 00:38:21,783
of four imperfect people?
837
00:38:23,008 --> 00:38:26,141
And a sibling to go through
the journey of life with?
838
00:38:30,451 --> 00:38:31,670
Your Honor,
839
00:38:31,695 --> 00:38:34,611
before you render a decision,
my client would
840
00:38:34,636 --> 00:38:36,638
very much like to address the court.
841
00:38:38,443 --> 00:38:40,415
If the Waltons have no objection?
842
00:38:40,459 --> 00:38:42,722
We do not, Your Honor.
843
00:38:44,087 --> 00:38:45,654
Mrs. McConnell?
844
00:38:47,413 --> 00:38:48,851
Your Honor.
845
00:38:49,772 --> 00:38:51,397
Um, before you render a decision,
846
00:38:51,441 --> 00:38:52,847
I think we've all collectively
847
00:38:52,891 --> 00:38:54,440
come to a realization.
848
00:38:55,073 --> 00:38:57,228
I-I know I have.
849
00:38:57,253 --> 00:39:00,169
I can finally see why the Waltons
850
00:39:00,194 --> 00:39:02,339
felt the need to file for custody.
851
00:39:03,289 --> 00:39:06,988
It's clear to me... Clear to us...
852
00:39:07,013 --> 00:39:08,318
That they're doing what they're doing
853
00:39:08,343 --> 00:39:11,999
out of enormous love for Joseph.
854
00:39:14,476 --> 00:39:16,435
I don't know how to ask someone...
855
00:39:16,998 --> 00:39:19,435
Order someone to stop loving a child
856
00:39:19,460 --> 00:39:21,114
who's at least partially theirs.
857
00:39:21,139 --> 00:39:23,185
I'm not sure I know where we're going.
858
00:39:25,276 --> 00:39:29,149
What I'm proposing...
Uh, what we're all proposing...
859
00:39:29,174 --> 00:39:31,373
And, uh, really it's Dr. Bull's idea...
860
00:39:31,398 --> 00:39:32,810
Is that, in-in return
861
00:39:32,835 --> 00:39:37,013
for the Waltons withdrawing
their custody suit,
862
00:39:37,038 --> 00:39:38,997
I'm prepared to donate one of my eggs
863
00:39:39,022 --> 00:39:40,546
so that Roderick and Samara
864
00:39:40,571 --> 00:39:42,947
might have a child of their own.
865
00:39:44,914 --> 00:39:46,307
Wow.
866
00:39:48,519 --> 00:39:50,608
Are you on board with this?
867
00:39:52,269 --> 00:39:54,271
We are, Your Honor.
868
00:39:54,315 --> 00:39:57,378
We think it's a very kind, generous...
869
00:39:58,580 --> 00:40:00,060
incredible offer.
870
00:40:00,715 --> 00:40:04,412
In addition, we would work out
a visitation agreement,
871
00:40:04,456 --> 00:40:07,284
so Joseph could know
all four of his parents.
872
00:40:07,597 --> 00:40:08,901
And likewise,
873
00:40:08,926 --> 00:40:12,234
should the Waltons have a child
that Elisabeth helped conceive,
874
00:40:12,259 --> 00:40:14,826
we pledge to work out a similar
agreement for that child.
875
00:40:14,851 --> 00:40:17,506
Samara and I have agreed
876
00:40:17,531 --> 00:40:19,707
to provide child support as well.
877
00:40:19,993 --> 00:40:22,125
We want Joseph to always know
878
00:40:22,169 --> 00:40:24,072
we'll be there for him
in any way he needs.
879
00:40:24,954 --> 00:40:26,303
Just to be clear,
880
00:40:26,783 --> 00:40:28,480
does this mean you're withdrawing
881
00:40:28,505 --> 00:40:29,854
your petition for custody?
882
00:40:32,397 --> 00:40:33,581
Yes, Your Honor.
883
00:40:40,696 --> 00:40:42,046
Counselor,
884
00:40:42,071 --> 00:40:43,888
looks like we've got a
few things to figure out.
885
00:40:43,913 --> 00:40:45,189
We certainly do.
886
00:40:45,214 --> 00:40:47,637
- I'll give you a call in the morning.
- That'd be terrific.
887
00:40:47,934 --> 00:40:49,544
And, uh, that reminds me,
888
00:40:49,588 --> 00:40:52,850
we need to set up a time and a
place for tomorrow's visitation.
889
00:40:54,549 --> 00:40:56,508
Oh, I don't know, maybe the four of us
890
00:40:56,551 --> 00:40:58,564
could work out the details over dinner?
891
00:40:59,058 --> 00:41:00,886
Excuse me?
892
00:41:00,911 --> 00:41:04,437
Would you guys like to join us
and Joseph for some dinner?
893
00:41:04,646 --> 00:41:06,996
We'd love to.
894
00:41:07,040 --> 00:41:09,303
- Taylor?
- Oh, I don't know.
895
00:41:09,346 --> 00:41:11,523
Seems to me like
a dinner for new friends.
896
00:41:13,786 --> 00:41:15,527
I'll get you next time.
897
00:41:15,570 --> 00:41:17,267
Shall we?
898
00:41:20,793 --> 00:41:22,338
What do you think?
899
00:41:22,651 --> 00:41:24,653
Did we do a good thing?
900
00:41:24,971 --> 00:41:26,581
I hope so.
901
00:41:26,625 --> 00:41:28,511
Did we do the right thing?
902
00:41:28,803 --> 00:41:30,221
I think so.
903
00:41:31,238 --> 00:41:32,765
Did we do the best we could?
904
00:41:32,966 --> 00:41:35,055
Yeah, we did the best we could.
905
00:41:35,460 --> 00:41:37,636
Now we just have to wait 20 or so years
906
00:41:37,679 --> 00:41:39,289
to find out what Joseph thinks.
66262
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