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1
00:02:07,175 --> 00:02:09,720
Mrs Dee, this is Frank Galvin.
2
00:02:09,803 --> 00:02:13,557
He's a good friend of ours,
and a very fine attorney.
3
00:02:15,434 --> 00:02:17,874
Well, it's just a
shame what happened
4
00:02:17,875 --> 00:02:20,314
to your husband, Mrs
Dee. He was a...
5
00:02:20,397 --> 00:02:24,943
I knew him vaguely at the
Lodge. He was a wonderful man.
6
00:02:25,027 --> 00:02:28,572
It was a crime what happened
to him. It was just a crime.
7
00:02:28,655 --> 00:02:32,200
If I can help... in any way...
8
00:02:35,245 --> 00:02:37,831
don't hesitate to call.
9
00:02:38,874 --> 00:02:41,168
Well...
10
00:03:42,729 --> 00:03:45,065
If this can help in any way...
11
00:03:46,108 --> 00:03:47,442
What is that?
12
00:03:47,859 --> 00:03:50,362
Oh. It's my card.
13
00:03:54,783 --> 00:03:57,285
What the hell is that?
14
00:03:57,369 --> 00:03:59,871
I was a friend of your father's.
15
00:04:01,999 --> 00:04:04,668
You never knew my father.
16
00:04:10,090 --> 00:04:12,634
Get out of here.
17
00:04:12,718 --> 00:04:14,783
Who the hell do you think you are?
18
00:04:14,784 --> 00:04:16,179
Excuse me, Mrs Cleary.
19
00:04:17,180 --> 00:04:19,766
Who the hell do you think you are?
20
00:04:25,230 --> 00:04:26,355
Hey, you know me.
21
00:04:26,356 --> 00:04:28,900
I don't want you
coming back here ever.
22
00:04:28,984 --> 00:04:31,611
- You understand?
- I was just talking to the guy.
23
00:04:31,695 --> 00:04:34,406
Those are bereaved
people in there.
24
00:05:08,440 --> 00:05:12,194
So Pat says... He says
"They got this new bar...
25
00:05:12,277 --> 00:05:14,118
and you go inside, and for half a
26
00:05:14,119 --> 00:05:16,239
buck you get a beer,
a free lunch...
27
00:05:16,323 --> 00:05:18,867
they take you in the back
room and get you laid."
28
00:05:18,950 --> 00:05:21,787
- Another one, Frankie?
- Yeah. Everyone.
29
00:05:21,870 --> 00:05:25,165
Mike says "Now wait a minute,
wait a minute, wait a minute."
30
00:05:25,248 --> 00:05:28,293
"There's a new bar, and you go
inside, and for half a buck...
31
00:05:28,377 --> 00:05:31,963
they give you a beer, a free
lunch and they get you laid?"
32
00:05:32,047 --> 00:05:35,467
Pat says "That's right." "Have
you ever been in the bar?"
33
00:05:35,550 --> 00:05:38,053
He said "No, but me sister has."
34
00:05:40,222 --> 00:05:42,557
Hey.
35
00:05:43,183 --> 00:05:44,810
Oh, yeah. Everyone.
36
00:06:37,237 --> 00:06:39,531
Frankie?
37
00:06:39,948 --> 00:06:42,576
Frankie. Frankie, you all right?
38
00:06:47,581 --> 00:06:49,916
Oh, Frankie.
39
00:06:50,959 --> 00:06:53,545
Come on, get up.
40
00:06:53,628 --> 00:06:56,548
Get up, Frank. Oh, Christ.
41
00:07:18,737 --> 00:07:21,239
What the hell's going on here?
42
00:07:22,824 --> 00:07:25,327
What have you been doing?
43
00:07:43,011 --> 00:07:45,180
I got a call from Sally Doneghy.
44
00:07:45,263 --> 00:07:48,100
Who's that?
45
00:07:48,183 --> 00:07:50,084
You're in court in
ten days, and you
46
00:07:50,085 --> 00:07:51,728
haven't even met with them yet.
47
00:07:51,812 --> 00:07:54,231
Sally Doneghy? Who is that?
48
00:07:54,314 --> 00:07:56,817
One lousy letter in 18 months.
49
00:07:58,276 --> 00:08:01,446
I try to throw a case
your way, and look at ya.
50
00:08:03,532 --> 00:08:05,617
Frankie...
51
00:08:05,701 --> 00:08:08,203
I got these people to trust you.
52
00:08:08,996 --> 00:08:12,582
They're gonna be here at noon, by
the way, and look at this shit.
53
00:08:14,459 --> 00:08:16,878
I got this expert
doctor to talk to ya.
54
00:08:17,462 --> 00:08:20,048
Remember his name? Dr Gruber?
55
00:08:20,424 --> 00:08:25,053
It's been 18 months, and I've been
doing all the fucking legwork.
56
00:08:25,137 --> 00:08:27,681
You're due in court in
less than two weeks...
57
00:08:27,764 --> 00:08:30,809
and I bet you haven't even
looked at the goddamn file.
58
00:08:30,892 --> 00:08:33,687
What are you, my nanny?
59
00:08:33,770 --> 00:08:36,231
Now listen to me, Frankie.
60
00:08:37,441 --> 00:08:41,194
Frankie, listen to me, cos
I'm done fucking with ya.
61
00:08:41,278 --> 00:08:44,156
I can't take this any more.
62
00:08:44,239 --> 00:08:47,200
I mean, you're not gonna change.
63
00:08:47,284 --> 00:08:50,162
Look around ya. I mean,
what's gonna change?
64
00:08:50,245 --> 00:08:53,790
You think it's gonna be any
different next week, next month?
65
00:08:53,874 --> 00:08:56,626
It's gonna be the
same goddamn thing.
66
00:08:58,712 --> 00:09:01,298
Now I got you a good case.
67
00:09:01,381 --> 00:09:03,967
It's a moneymaker.
68
00:09:04,051 --> 00:09:07,012
You do it right, it'll
take care of ya.
69
00:09:07,846 --> 00:09:10,599
But I'm through, you understand?
70
00:09:11,224 --> 00:09:14,269
I mean, I can't take
this shit any more.
71
00:09:16,063 --> 00:09:18,607
Life's too fucking short, Frankie.
72
00:09:20,275 --> 00:09:22,778
I'm getting too fucking old.
73
00:10:10,534 --> 00:10:11,576
Fuck.
74
00:11:43,669 --> 00:11:46,171
Excuse me, sir.
75
00:12:27,337 --> 00:12:29,840
Mrs Doneghy. Hi. Frank Galvin.
76
00:12:30,716 --> 00:12:32,801
- Why didn't you go in?
- It's locked.
77
00:12:32,884 --> 00:12:35,178
Locked?
78
00:12:36,346 --> 00:12:38,432
I'm sorry.
79
00:12:38,515 --> 00:12:41,643
God, I hope... I hope
this didn't put you out.
80
00:12:42,936 --> 00:12:45,355
Let me see here...
81
00:12:47,316 --> 00:12:50,902
Come on in. I'd get you
a cup of coffee, but...
82
00:12:51,737 --> 00:12:54,406
looks as though my girl went out.
83
00:12:55,949 --> 00:12:59,161
It's not a good case,
it's a very good case.
84
00:12:59,745 --> 00:13:02,533
A young, healthy woman
goes into a hospital
85
00:13:02,534 --> 00:13:04,750
to deliver her third child, and...
86
00:13:04,833 --> 00:13:07,091
Well, it's just
beyond comprehension.
87
00:13:07,092 --> 00:13:09,171
She's given the wrong anaesthetic.
88
00:13:09,254 --> 00:13:12,591
- We love her, Kevin and me.
- I'm sure you do.
89
00:13:12,674 --> 00:13:15,802
But what can we do? She don't
know who's visiting her.
90
00:13:16,178 --> 00:13:18,513
I know. I went.
91
00:13:20,098 --> 00:13:21,892
- You saw her?
- Oh, yes.
92
00:13:21,975 --> 00:13:25,479
My sister? You know how
beautiful she was?
93
00:13:26,521 --> 00:13:30,901
Her, husband left her,
and he took her kids.
94
00:13:32,152 --> 00:13:34,529
They...
95
00:13:35,155 --> 00:13:37,866
they let you die in there.
96
00:13:37,949 --> 00:13:40,952
They don't care. Nobody cares.
97
00:13:42,037 --> 00:13:45,832
The Patriot Home, the Chronic Care
in Arlington? They'd take her in.
98
00:13:46,124 --> 00:13:49,878
Perpetual care. $50,000
they want in endowment.
99
00:13:51,755 --> 00:13:54,091
50,000?
100
00:13:54,716 --> 00:13:57,427
I don't wanna leave
her. Kevin, he...
101
00:13:58,720 --> 00:14:02,224
And Father Laughlin, he
said it was God's will.
102
00:14:02,307 --> 00:14:04,393
Well, I understand.
103
00:14:04,476 --> 00:14:06,229
My doctor told me I gotta move out
104
00:14:06,230 --> 00:14:08,188
West. That's when
we filed in court.
105
00:14:08,271 --> 00:14:10,983
- We didn't wanna sue.
- Oh, I understand that too.
106
00:14:11,066 --> 00:14:13,485
But Kevin's looking for
two years in Tucson.
107
00:14:13,568 --> 00:14:17,155
They called him up and
they said to come out.
108
00:14:17,239 --> 00:14:20,200
He's a good man. He's only
trying to do what's right.
109
00:14:23,245 --> 00:14:25,789
Come on in.
110
00:14:25,872 --> 00:14:28,375
This is my husband.
111
00:14:29,584 --> 00:14:32,212
Come on in. Sit down.
112
00:14:32,296 --> 00:14:35,191
I told your wife, I'm
sorry we have to meet
113
00:14:35,192 --> 00:14:38,218
out here, but I got a
case in superior court.
114
00:14:38,302 --> 00:14:41,513
- The place is full of papers.
- That's all right.
115
00:14:41,596 --> 00:14:44,063
I was also telling her
you got a good case.
116
00:14:44,064 --> 00:14:45,726
He saw her at Northern Care.
117
00:14:45,809 --> 00:14:47,422
I may get some very important
118
00:14:47,423 --> 00:14:49,813
corroborating testimony
from a Dr Gruber.
119
00:14:49,896 --> 00:14:52,721
It'll be a problem getting
one doctor to testify
120
00:14:52,722 --> 00:14:55,027
that another doctor's
negligent, but...
121
00:14:55,110 --> 00:14:57,852
The archdiocese called
and said who was our
122
00:14:57,853 --> 00:15:00,532
attorney, cos the case
is coming to trial.
123
00:15:00,615 --> 00:15:04,703
Well... I doubt very much that the
case will ever come to trial.
124
00:15:07,414 --> 00:15:10,876
We told them we didn't want
it to come out this way.
125
00:15:10,959 --> 00:15:13,795
I completely understand.
126
00:15:13,879 --> 00:15:16,840
- See, we just...
- We just can't do it any more.
127
00:15:16,923 --> 00:15:19,009
This is our chance to get away.
128
00:15:19,509 --> 00:15:22,471
I'm gonna see that
you get that chance.
129
00:15:22,554 --> 00:15:24,681
How much is this gonna cost?
130
00:15:24,765 --> 00:15:28,435
It's not gonna cost you anything.
It's done on a contingency basis.
131
00:15:28,518 --> 00:15:31,021
Whatever the settlement
is, I retain a third.
132
00:15:31,104 --> 00:15:34,775
But that's normal procedure.
You can check around.
133
00:15:35,776 --> 00:15:37,069
Ok?
134
00:15:37,277 --> 00:15:38,528
Ok.
135
00:15:40,822 --> 00:15:43,439
His name is Frank
Galvin. Boston College,
136
00:15:43,440 --> 00:15:45,869
class of '52, was
second in his class.
137
00:15:46,536 --> 00:15:50,040
Editor of the Law Review. Worked
with Mickey Morrissey 12 years.
138
00:15:50,123 --> 00:15:55,212
Criminal law and personal injury.
Married Patricia Harrington, 1960.
139
00:15:55,295 --> 00:15:59,591
Joined Stearns, Harrington,
Pierce, 1960, as a full partner.
140
00:15:59,675 --> 00:16:03,220
Resigned the firm, 1969,
over the Lillibridge case.
141
00:16:03,303 --> 00:16:05,329
He was accused of jury-tampering.
142
00:16:05,330 --> 00:16:07,975
Accused, not indicted.
He resigned the firm.
143
00:16:08,684 --> 00:16:11,258
Divorced, 1970. Galvin
worked with Michael
144
00:16:11,259 --> 00:16:13,772
Morrissey until Morrissey
retired in '78.
145
00:16:13,855 --> 00:16:16,419
Since then he's been on
his own. Four cases in
146
00:16:16,420 --> 00:16:18,819
three years. He's lost
them all. He drinks.
147
00:16:18,902 --> 00:16:21,321
Four cases in three years.
148
00:16:21,405 --> 00:16:23,782
The man's an ambulance chaser.
149
00:16:23,865 --> 00:16:26,702
- Tell me about this case.
- This is a nuisance suit.
150
00:16:26,785 --> 00:16:28,950
He's asking for
$600,000 and betting
151
00:16:28,951 --> 00:16:30,706
we don't want to go to court.
152
00:16:30,789 --> 00:16:32,905
No, we don't want
this case in court.
153
00:16:32,906 --> 00:16:35,127
Neither does he.
That's where he loses.
154
00:16:35,210 --> 00:16:37,133
He's scared to death
to go to court.
155
00:16:37,134 --> 00:16:38,797
We only have to call his bluff.
156
00:16:38,880 --> 00:16:41,245
I want to settle and be
done with it. I don't
157
00:16:41,246 --> 00:16:43,302
want the archdiocese
exposed, Mr Alito.
158
00:16:43,385 --> 00:16:46,847
No. Absolutely. And we're
going to see that it's not.
159
00:16:46,930 --> 00:16:49,308
So, what I want to
do is stop it here.
160
00:16:49,391 --> 00:16:52,811
I'm going to make him an offer
myself. I want it to come from me.
161
00:16:52,894 --> 00:16:55,230
All right. But let's
keep the price down.
162
00:16:55,314 --> 00:16:57,570
I called Ed Concannon.
He recommends we
163
00:16:57,571 --> 00:17:00,277
continue to respond as
if we're going to trial.
164
00:17:00,569 --> 00:17:03,280
If we were to go to trial,
would we win the case?
165
00:17:03,363 --> 00:17:05,907
Well, of course it's
always dangerous.
166
00:17:05,991 --> 00:17:08,952
I know that answer. Would we win?
167
00:17:09,036 --> 00:17:10,495
Yes.
168
00:17:16,543 --> 00:17:18,003
Dr Gruber?
169
00:17:18,086 --> 00:17:20,505
Yes. Galvin, right?
170
00:17:20,589 --> 00:17:24,051
Well... well, I sure appreciate
a man as busy as you are...
171
00:17:24,134 --> 00:17:26,822
It's perfectly all
right. Look, I'm kinda
172
00:17:26,823 --> 00:17:29,765
rushed. Do you mind if
we walk while we talk?
173
00:17:30,724 --> 00:17:33,477
I read the hospital
report on your client.
174
00:17:33,560 --> 00:17:36,354
Deborah Ann Kaye? They
called. They want to
175
00:17:36,355 --> 00:17:39,274
settle. It's just a
matter of jacking 'em up.
176
00:17:39,358 --> 00:17:40,403
Who called?
177
00:17:40,404 --> 00:17:42,736
The archdiocese.
They wanna settle.
178
00:17:42,819 --> 00:17:45,113
- And you're gonna do that?
- Yeah.
179
00:17:45,197 --> 00:17:47,059
You're gonna settle out of court?
180
00:17:47,060 --> 00:17:48,083
Well, yeah.
181
00:17:48,084 --> 00:17:49,951
Why?
182
00:17:50,035 --> 00:17:52,621
In the interests of her
family. And you, Doctor.
183
00:17:52,704 --> 00:17:55,405
You can never tell what
a jury's gonna do.
184
00:17:55,406 --> 00:17:58,043
St Catherine's is a
renowned institution.
185
00:17:58,126 --> 00:18:02,172
- Her doctors are...
- Her doctors killed her.
186
00:18:02,255 --> 00:18:04,633
- I'm sorry?
- Her doctors killed her.
187
00:18:04,716 --> 00:18:06,759
They gave her the
wrong anaesthetic,
188
00:18:06,760 --> 00:18:08,637
and she drowned in her own vomit.
189
00:18:08,720 --> 00:18:10,480
The doctors murdered her.
190
00:18:10,481 --> 00:18:12,891
Do you know who her doctors were?
191
00:18:12,975 --> 00:18:17,521
Yeah, I read the file. Marx and
Towler. I know who they were.
192
00:18:17,604 --> 00:18:19,243
Two of the most respected...
193
00:18:19,244 --> 00:18:21,483
I thought you wanted
to do something.
194
00:18:21,566 --> 00:18:23,735
I've no interest in
the woman's estate.
195
00:18:23,819 --> 00:18:26,363
No offence, we all know
where the money is going.
196
00:18:26,446 --> 00:18:28,757
I have an interest in
hospitals. I don't want
197
00:18:28,758 --> 00:18:30,867
those bozos in the
same profession as me.
198
00:18:30,951 --> 00:18:33,354
They gave her the wrong
anaesthetic, they
199
00:18:33,355 --> 00:18:35,872
killed her and her kid,
and you caught 'em.
200
00:18:35,956 --> 00:18:37,582
You want a cigar?
201
00:18:37,666 --> 00:18:41,503
No, thank you. The hospital's
owned by the archdiocese...
202
00:18:41,586 --> 00:18:44,715
What are they gonna do? Not invite
me to their birthday party?
203
00:18:44,798 --> 00:18:48,552
Look, I'm sorry I'm rushing,
but I have to be in Cambridge.
204
00:18:48,635 --> 00:18:51,346
When can we get together
again and get a deposition?
205
00:18:51,430 --> 00:18:54,057
Ok. We'll meet here Tuesday night.
206
00:18:54,141 --> 00:18:57,728
I gotta go. Are you going my way?
207
00:18:57,811 --> 00:19:00,939
Ok. But we're gonna have to
keep you under wraps, you know.
208
00:19:01,023 --> 00:19:03,442
- You can't discuss the case.
- I understand.
209
00:19:03,525 --> 00:19:05,669
You're gonna meet
me here on Tuesday.
210
00:19:05,670 --> 00:19:07,362
We'll go over your testimony.
211
00:19:07,446 --> 00:19:10,073
Right. Seven o'clock
in the locker rooms.
212
00:19:10,157 --> 00:19:13,327
- I got it.
- Thank you.
213
00:19:13,410 --> 00:19:15,912
- Thank you.
- My pleasure.
214
00:19:17,372 --> 00:19:19,499
Why are you doing this?
215
00:19:19,583 --> 00:19:23,337
To do the right thing. Isn't
that why you're doing it?
216
00:19:37,059 --> 00:19:38,226
Whoo-ha.
217
00:19:42,022 --> 00:19:45,776
Sorry. Nobody ever
stood here since 1952.
218
00:19:47,152 --> 00:19:50,197
Give me a Bushmill. Who
are the civilians?
219
00:19:50,280 --> 00:19:54,326
Lousy weather, good for business,
Frankie. There you go.
220
00:20:07,673 --> 00:20:11,176
- Would you like a drink?
- I'd like an apartment.
221
00:20:11,802 --> 00:20:14,429
Would you settle for a drink?
222
00:20:15,472 --> 00:20:17,975
No. Thank you.
223
00:20:19,434 --> 00:20:21,937
I had a good day today.
224
00:20:23,063 --> 00:20:25,399
Let me at 'em.
225
00:20:25,482 --> 00:20:26,942
Gentlemen...
226
00:20:27,025 --> 00:20:29,736
- To ya.
- To ya. To ya.
227
00:20:32,656 --> 00:20:34,933
I cut myself so badly shaving this
228
00:20:34,934 --> 00:20:37,411
morning, my eyes
almost cleared up.
229
00:20:37,494 --> 00:20:39,913
Bad?
230
00:20:48,213 --> 00:20:50,424
I'm glad you had a good day.
231
00:20:50,507 --> 00:20:53,010
- Good night.
- Thank you.
232
00:20:55,637 --> 00:20:58,140
Well, well, well, well, well. Hey.
233
00:21:00,309 --> 00:21:02,811
It's a long road
that has no turning.
234
00:21:02,894 --> 00:21:05,314
That's for sure, Frankie.
235
00:21:11,695 --> 00:21:15,240
Yeah. I'm going to the
archdiocese tomorrow.
236
00:21:15,949 --> 00:21:18,285
At two.
237
00:21:20,370 --> 00:21:23,242
Yes, I know you don't.
I know you don't.
238
00:21:23,243 --> 00:21:25,834
You're just following
your own life.
239
00:21:25,917 --> 00:21:28,920
You have a life to live too.
You have to go out West.
240
00:21:29,004 --> 00:21:31,923
You're not gonna do
yourself good here.
241
00:21:35,636 --> 00:21:37,763
Well...
242
00:21:39,139 --> 00:21:41,850
I'm sure she knows
that you care for her.
243
00:21:46,146 --> 00:21:50,359
- Well...
- She's so unprotected.
244
00:21:51,568 --> 00:21:54,168
Finally, we're none
of us protected.
245
00:21:54,169 --> 00:21:56,698
I mean, we just...
have to go on...
246
00:21:56,782 --> 00:21:59,117
seek help where we
can and go on...
247
00:21:59,201 --> 00:22:02,412
She's stuck there. Maybe she
knows when we're there.
248
00:22:02,496 --> 00:22:05,108
Will she think we've
abandoned her?
249
00:22:05,109 --> 00:22:07,376
Yes, I know that you love her.
250
00:22:07,459 --> 00:22:10,420
I know that you're
acting out of love.
251
00:22:16,760 --> 00:22:19,429
Huh. As soon as I know.
252
00:22:19,513 --> 00:22:21,515
My husband sends his respects.
253
00:22:21,516 --> 00:22:24,017
Well, you give him
my respects, too.
254
00:22:24,101 --> 00:22:26,967
Thank you. Sorry to call so late.
255
00:22:26,968 --> 00:22:29,356
Not at all. No, not at all.
256
00:22:33,694 --> 00:22:34,694
Well...
257
00:22:36,488 --> 00:22:39,241
Good night.
258
00:22:39,324 --> 00:22:42,202
- God bless you, Mr Galvin.
- Well, bless you, too.
259
00:22:42,285 --> 00:22:44,579
Good night.
260
00:24:46,451 --> 00:24:48,366
"Jimmy" I said. "You
don't go in your
261
00:24:48,367 --> 00:24:50,080
pocket if there's nothing there."
262
00:24:50,163 --> 00:24:52,749
And what did he say?
263
00:24:52,833 --> 00:24:55,752
Sir, you're not allowed
to be in here.
264
00:25:01,466 --> 00:25:03,969
You can't be in here.
265
00:25:09,224 --> 00:25:11,727
I'm her attorney.
266
00:25:15,772 --> 00:25:18,567
It's a question of
continuing values.
267
00:25:18,650 --> 00:25:22,112
St Catherine's, to do the good
she must do in the community...
268
00:25:22,195 --> 00:25:26,033
must maintain the position
she holds in the community.
269
00:25:26,116 --> 00:25:30,203
So... we have a
question of balance.
270
00:25:30,954 --> 00:25:33,147
On the one hand, our hospital, its
271
00:25:33,148 --> 00:25:35,792
reputation, and so
its effectiveness...
272
00:25:35,876 --> 00:25:38,545
and that of two of its
important doctors.
273
00:25:38,879 --> 00:25:42,424
And on the other hand, the
rights of your client.
274
00:25:44,384 --> 00:25:46,794
A young woman in her
prime, deprived
275
00:25:46,795 --> 00:25:49,139
of her life, her
sight, her family.
276
00:25:49,765 --> 00:25:52,976
It's tragic. It's a
tragic accident.
277
00:25:54,853 --> 00:25:58,273
Nothing, of course, can
begin to make that right.
278
00:25:59,316 --> 00:26:03,278
But we must do what we can.
We must do all that we can.
279
00:26:05,364 --> 00:26:08,116
Yes, we must try to make it right.
280
00:26:12,996 --> 00:26:15,749
It's a generous offer, Mr Galvin.
281
00:26:15,832 --> 00:26:19,148
Nothing can begin to
make that woman well,
282
00:26:19,149 --> 00:26:22,464
but we could at least
try to compensate...
283
00:26:23,298 --> 00:26:25,384
make a gesture.
284
00:26:27,511 --> 00:26:30,013
How did you settle on the amount?
285
00:26:31,431 --> 00:26:33,767
We thought it was just.
286
00:26:35,852 --> 00:26:38,105
You thought it was just?
287
00:26:38,188 --> 00:26:39,648
Yes.
288
00:26:42,943 --> 00:26:46,071
Because it struck me...
289
00:26:47,239 --> 00:26:52,285
how neatly three went into
this figure, 210,000.
290
00:26:52,911 --> 00:26:55,414
That means I would keep 70.
291
00:26:57,749 --> 00:27:01,753
That was our insurance
company's recommendation.
292
00:27:02,754 --> 00:27:04,756
Yes, that would be.
293
00:27:05,632 --> 00:27:08,802
Nothing we can do can
make that woman well.
294
00:27:13,473 --> 00:27:15,976
And no one will know the truth.
295
00:27:17,978 --> 00:27:20,480
What is the truth?
296
00:27:24,109 --> 00:27:26,987
That that poor girl put
her trust into the...
297
00:27:29,156 --> 00:27:32,075
the hands of two men
who took her life.
298
00:27:32,909 --> 00:27:35,495
She's in a coma.
299
00:27:37,581 --> 00:27:39,708
Her life is gone.
300
00:27:42,252 --> 00:27:44,755
She has no home, no family.
301
00:27:47,382 --> 00:27:49,885
She's tied to a machine.
302
00:27:51,219 --> 00:27:53,847
She has no friends.
303
00:27:56,183 --> 00:27:58,977
And the people who
should care for her...
304
00:27:59,061 --> 00:28:01,355
her doctors...
305
00:28:03,231 --> 00:28:05,525
and you and me...
306
00:28:09,488 --> 00:28:12,741
have been bought off
to look the other way.
307
00:28:12,824 --> 00:28:15,994
We've been paid to
look the other way.
308
00:28:20,415 --> 00:28:22,918
I came here to take your money.
309
00:28:27,005 --> 00:28:31,176
I brought snapshots to show you
so I could get your money.
310
00:28:33,929 --> 00:28:36,431
I can't do it. I can't take it.
311
00:28:39,351 --> 00:28:42,062
Because if I take the
money, I'm lost.
312
00:28:44,314 --> 00:28:46,650
I'll just be a...
313
00:28:47,484 --> 00:28:49,778
rich...
314
00:28:50,821 --> 00:28:53,198
ambulance chaser.
315
00:28:58,537 --> 00:29:01,039
I can't do it. I can't take it.
316
00:29:03,583 --> 00:29:06,378
If we may discuss
money, Mr Galvin...
317
00:29:07,004 --> 00:29:09,506
how's your law practise?
318
00:29:11,300 --> 00:29:13,677
Not too good.
319
00:29:16,805 --> 00:29:19,308
I only got the one client.
320
00:29:32,654 --> 00:29:34,281
Mick?
321
00:29:36,575 --> 00:29:38,869
I gotta talk to you.
322
00:29:41,038 --> 00:29:44,041
Mickey, come on. Hey,
let's go get a drink.
323
00:29:45,500 --> 00:29:48,003
Hymie, sit in for me, will ya?
324
00:30:01,600 --> 00:30:04,394
- Are you out of your mind?
- I need your help.
325
00:30:04,478 --> 00:30:08,023
You need my help? You
need a goddamn keeper.
326
00:30:08,106 --> 00:30:12,194
Are you telling me you
turned down 210 grand? Huh?
327
00:30:12,277 --> 00:30:15,656
What are you, nuts? What are you
gonna do, bring her back to life?
328
00:30:15,739 --> 00:30:18,659
- I'm gonna help her.
- To do what?
329
00:30:18,742 --> 00:30:22,412
To do what, for Christ's sakes?
Help her do what? She's dead.
330
00:30:22,496 --> 00:30:25,358
They killed her. They're
trying to buy it.
331
00:30:25,359 --> 00:30:27,584
That's the fucking point, dummy.
332
00:30:28,168 --> 00:30:31,964
Let them buy it. No, we
let them buy the case.
333
00:30:32,047 --> 00:30:34,328
That's why I took
it. Now, look, you
334
00:30:34,329 --> 00:30:36,301
just drop this, you understand?
335
00:30:36,385 --> 00:30:38,428
We'll go up to... up
to New Hampshire.
336
00:30:38,512 --> 00:30:40,847
- We'll kill some fucking deer.
- Mick. Mick.
337
00:30:41,139 --> 00:30:43,475
You said... No, listen to me.
338
00:30:43,558 --> 00:30:45,167
You said "If not now, when?"
339
00:30:45,168 --> 00:30:47,688
I know what I said. But
not now, all right?
340
00:30:47,771 --> 00:30:50,482
I'll tell you something
else. I can win this case.
341
00:30:50,732 --> 00:30:53,402
But you won, Frank. You won.
342
00:30:54,236 --> 00:30:57,030
When they give you the
money, that means you won.
343
00:30:57,114 --> 00:30:59,616
Now, look, we... we don't
wanna go to court.
344
00:30:59,700 --> 00:31:02,327
Is this this getting
through to you?
345
00:31:02,411 --> 00:31:06,373
Do you know who the attorney for
the archdiocese is? Ed Concannon.
346
00:31:06,456 --> 00:31:08,959
- He's a good man.
- "He's a good man?"
347
00:31:09,042 --> 00:31:11,545
He's the prince of
fucking darkness.
348
00:31:11,628 --> 00:31:14,589
He'll have people testifying
they saw her water-skiing.
349
00:31:14,673 --> 00:31:17,226
Frank, don't fuck
with this case, huh?
350
00:31:17,227 --> 00:31:19,344
I gotta stand up for that girl.
351
00:31:19,428 --> 00:31:22,764
Frank, I know you're trying to
wipe out some old business.
352
00:31:22,848 --> 00:31:26,018
I understand that.
I do. But not now.
353
00:31:26,852 --> 00:31:28,446
Call the bishop, will you?
354
00:31:28,447 --> 00:31:31,064
I'm gonna try this case.
Will you help me?
355
00:31:32,941 --> 00:31:36,570
I'm gonna need your help,
Mick. Will you help me?
356
00:31:44,077 --> 00:31:47,956
Anybody ever hear "For want
of a shoe, a horse was lost?"
357
00:31:48,040 --> 00:31:51,793
Who's going on vacation tomorrow?
358
00:31:53,337 --> 00:31:56,548
Friedman? St Barts, is that right?
359
00:31:56,632 --> 00:31:57,883
Yes, sir.
360
00:31:57,966 --> 00:32:02,346
Send Mrs Friedman a dozen roses
tomorrow morning, please, Sal.
361
00:32:02,429 --> 00:32:06,016
No, wait a minute...
Send her a sun lamp.
362
00:32:07,059 --> 00:32:09,603
Friedman, I'm sorry, but
you'll have to stay.
363
00:32:09,686 --> 00:32:13,106
There'll be no vacations
until this thing is cleared.
364
00:32:13,190 --> 00:32:15,918
You're all acquainted
with this case.
365
00:32:15,919 --> 00:32:18,862
It's been on the
calendar for 18 months.
366
00:32:18,945 --> 00:32:23,200
Now I think we have a...
definite court date.
367
00:32:23,950 --> 00:32:27,704
February... 19th.
368
00:32:29,414 --> 00:32:32,387
The plaintiff's attorney
is Francis P Galvin.
369
00:32:32,388 --> 00:32:35,295
I trust you're all
familiar with his record.
370
00:32:35,379 --> 00:32:37,705
We've been expecting
him to call us
371
00:32:37,706 --> 00:32:39,967
to negotiate, and as he did not...
372
00:32:40,050 --> 00:32:43,303
five days before we're
supposed to go to court...
373
00:32:43,387 --> 00:32:47,182
we made him a rather generous
offer, which he refused.
374
00:32:47,265 --> 00:32:52,396
Five days before trial. What does
that mean? I want to find out.
375
00:32:53,271 --> 00:32:57,109
Acquaint yourselves again
with the depositions.
376
00:32:57,192 --> 00:33:01,321
Don't rely on the fact that we
did it last year. Do it again.
377
00:33:01,405 --> 00:33:04,825
We shall be reviewing it
here. You do it at home.
378
00:33:04,908 --> 00:33:07,369
You each have a full
file, so know the deps.
379
00:33:07,452 --> 00:33:09,420
I want you all to be
here when we work
380
00:33:09,421 --> 00:33:11,540
with the defendants.
When is that, Billy?
381
00:33:11,623 --> 00:33:13,792
- Wednesday evening.
- Huh.
382
00:33:13,875 --> 00:33:17,796
I want an article as soon
as possible in The Globe:
383
00:33:17,879 --> 00:33:22,009
"St Cat's, neighbourhood giant,
serving the community," et cetera.
384
00:33:22,092 --> 00:33:23,885
They've got it in the files.
385
00:33:23,969 --> 00:33:26,519
And I want something
in the Herald Monday
386
00:33:26,520 --> 00:33:28,765
morning: "Our gallant
doctors." Huh?
387
00:33:28,849 --> 00:33:30,851
Be inventive?
388
00:33:30,934 --> 00:33:34,047
And television. We've
gotta have television.
389
00:33:34,048 --> 00:33:36,815
Friedman, since you're
still with us...
390
00:33:36,898 --> 00:33:41,820
why don't you have a word
with your friend at GBH, huh?
391
00:33:43,030 --> 00:33:46,366
Now, to belabour the
obvious for a moment...
392
00:33:46,450 --> 00:33:49,700
our clients are the
Archdiocese of Boston,
393
00:33:49,701 --> 00:33:52,497
the St Catherine
Labouré Hospital...
394
00:33:52,581 --> 00:33:54,708
and Doctors Marx and
Towler, two of the
395
00:33:54,709 --> 00:33:56,835
most respected men
in their profession.
396
00:33:56,918 --> 00:34:01,340
The thrust of this defence
will be to answer...
397
00:34:01,423 --> 00:34:04,176
in the court, the press,
and the public mind...
398
00:34:04,259 --> 00:34:09,014
to answer the accusation of
negligence this completely...
399
00:34:09,097 --> 00:34:11,029
that not only do we
win the case, but
400
00:34:11,030 --> 00:34:12,809
win the case so that it is seen...
401
00:34:12,893 --> 00:34:16,531
that this attack on
these men and this
402
00:34:16,532 --> 00:34:19,983
institution... was
a rank obscenity.
403
00:34:20,609 --> 00:34:23,528
Ok, let's get the
cobwebs off. Billy?
404
00:34:24,988 --> 00:34:27,616
Please turn to your page four.
405
00:34:27,699 --> 00:34:30,338
We're gonna review the
depositions of the
406
00:34:30,339 --> 00:34:32,788
nurse anaesthetist,
the scrub nurse...
407
00:34:32,871 --> 00:34:36,625
and all those in attendance in the
OR at the time of the operation.
408
00:34:37,417 --> 00:34:41,254
- So, what have we got?
- Well, we've got her sister.
409
00:34:41,338 --> 00:34:43,736
Says Deborah Ann ate
a full meal an hour
410
00:34:43,737 --> 00:34:46,134
before she was admitted
to the hospital.
411
00:34:46,218 --> 00:34:49,763
And we got the admittance form
says she ate nine hours before.
412
00:34:49,846 --> 00:34:52,174
The sister's testimony's
no good. The
413
00:34:52,175 --> 00:34:54,685
jury knows if we win,
she gets the cash.
414
00:34:54,768 --> 00:34:58,730
We got my Dr Gruber. He says she
was given the wrong anaesthetic.
415
00:34:58,814 --> 00:35:01,358
And, anyway, she came in
complaining of nausea.
416
00:35:01,441 --> 00:35:02,816
Well, Gruber's not bad.
417
00:35:02,817 --> 00:35:05,237
He's Dr Kildare. The
jury'll eat him up.
418
00:35:05,320 --> 00:35:08,156
Yeah. But their guy is Towler.
419
00:35:08,240 --> 00:35:13,120
He wrote the book: Methodology
and Practise in Anaesthesiology.
420
00:35:13,203 --> 00:35:15,553
Everybody in that
operating room signed a
421
00:35:15,554 --> 00:35:17,791
deposition, from the
scrub nurse on up:
422
00:35:17,874 --> 00:35:21,712
"All those guys are God. I
saw them walk on water."
423
00:35:21,795 --> 00:35:25,340
They had an obstetric nurse. Did
we get a deposition from her?
424
00:35:25,424 --> 00:35:27,384
No.
425
00:35:27,467 --> 00:35:29,160
Maureen Rooney, aged 49, lives in
426
00:35:29,161 --> 00:35:31,263
Arlington. Still works
at the hospital.
427
00:35:31,346 --> 00:35:34,433
Think you could talk to her,
ask why she ain't speaking up?
428
00:35:34,516 --> 00:35:35,976
Yeah.
429
00:35:37,060 --> 00:35:39,563
- Ok. Cases.
- All right.
430
00:35:40,522 --> 00:35:44,401
- Smith versus State of Michigan.
- All right.
431
00:35:44,484 --> 00:35:47,237
Brindisi versus Electric Boat.
432
00:35:47,321 --> 00:35:50,240
Hey, you've got a
good memory, Frankie.
433
00:35:50,324 --> 00:35:52,409
I had a good teacher.
434
00:35:52,492 --> 00:35:56,413
- McClean versus, Urban Transport.
- Right.
435
00:35:58,665 --> 00:36:01,168
Jimmy. Couple of Bushmills.
436
00:36:03,378 --> 00:36:05,672
Ah.
437
00:36:05,756 --> 00:36:08,592
Do me a favour. I'll buy
you a drink tomorrow.
438
00:36:08,675 --> 00:36:10,761
What are you doing tonight?
439
00:36:10,844 --> 00:36:14,681
I found this new bar, see, and
for half a buck you can...
440
00:36:14,765 --> 00:36:17,267
I'm gonna get laid.
441
00:36:19,394 --> 00:36:21,855
All right. I'll be at the office.
442
00:36:21,938 --> 00:36:25,067
Just don't leave your
best work in the sheets.
443
00:36:31,740 --> 00:36:34,159
These are on me, Frankie.
444
00:36:44,795 --> 00:36:47,422
Did you find an apartment?
445
00:36:48,465 --> 00:36:50,968
Still looking.
446
00:36:53,136 --> 00:36:56,264
I changed my life
today. What did you do?
447
00:36:57,557 --> 00:37:00,060
Changed my room at the hotel.
448
00:37:00,143 --> 00:37:02,688
Why'd you do that?
449
00:37:02,771 --> 00:37:05,148
TV didn't work.
450
00:37:08,694 --> 00:37:11,405
What hotel are you staying at?
451
00:37:11,488 --> 00:37:13,865
And what are you? A cop?
452
00:37:13,949 --> 00:37:16,451
No. I'm a lawyer.
453
00:37:17,953 --> 00:37:21,540
- My ex-husband was a lawyer.
- Nice. Wonderful for you.
454
00:37:23,458 --> 00:37:25,752
Yes, it was, actually.
455
00:37:26,962 --> 00:37:31,049
"It was, actually?" Well,
how come you called it off?
456
00:37:32,718 --> 00:37:35,137
Who says I'm the one
that called it off?
457
00:37:35,554 --> 00:37:36,930
Aw.
458
00:37:37,014 --> 00:37:39,171
Well, a brick house
says you divorced
459
00:37:39,172 --> 00:37:41,101
him. I'll put you on your honour.
460
00:37:41,184 --> 00:37:43,696
100 bucks against you
have dinner with
461
00:37:43,697 --> 00:37:46,273
me tonight. I'll take
your word for it.
462
00:37:47,316 --> 00:37:50,193
Come on. Tell me the truth.
463
00:37:52,154 --> 00:37:54,323
You can't lie to me.
464
00:37:55,949 --> 00:37:58,410
What's your name?
465
00:37:59,036 --> 00:38:00,704
Laura.
466
00:38:01,371 --> 00:38:03,457
Mine's Frank.
467
00:38:03,540 --> 00:38:06,793
Furthermore, you came
back to see me tonight.
468
00:38:07,419 --> 00:38:10,922
What if it wasn't you I came
back here to see tonight?
469
00:38:11,006 --> 00:38:13,508
Well, you got lucky.
470
00:38:15,135 --> 00:38:17,888
Have you eaten yet? Come on.
471
00:38:18,639 --> 00:38:21,558
My God, you are some
beautiful woman.
472
00:38:25,979 --> 00:38:28,273
The weak.
473
00:38:34,237 --> 00:38:37,449
The weak have gotta have
somebody to fight for 'em.
474
00:38:37,532 --> 00:38:39,284
Ain't that the truth?
475
00:38:41,161 --> 00:38:42,913
- Want another drink?
- Yeah.
476
00:38:42,996 --> 00:38:45,457
- Jimmy.
- Yeah?
477
00:38:46,208 --> 00:38:48,246
That's why the court
exists. The court
478
00:38:48,247 --> 00:38:50,128
doesn't exist to
give them justice.
479
00:38:50,212 --> 00:38:54,091
The court exists to give
them a chance at justice.
480
00:38:55,384 --> 00:38:57,552
Are they gonna get it?
481
00:38:57,636 --> 00:38:59,513
They might.
482
00:38:59,721 --> 00:39:02,265
They might.
483
00:39:02,349 --> 00:39:06,853
See, the jury wants to believe. I
mean, the jury wants to believe.
484
00:39:08,021 --> 00:39:09,898
It is something to see.
485
00:39:09,982 --> 00:39:13,318
I gotta go down there tomorrow
and pick out 12 of 'em.
486
00:39:13,402 --> 00:39:16,069
All of 'em, all their
lives, think it's a
487
00:39:16,070 --> 00:39:18,991
sham, it's rigged, you
can't fight city hall.
488
00:39:21,243 --> 00:39:24,663
But when they step
into that jury box...
489
00:39:24,746 --> 00:39:27,874
I think you just barely
see it in their eyes.
490
00:39:28,500 --> 00:39:30,377
"Maybe."
491
00:39:30,585 --> 00:39:32,838
"Maybe."
492
00:39:36,466 --> 00:39:38,719
Maybe what?
493
00:39:42,973 --> 00:39:45,559
"Maybe I can do something right."
494
00:39:50,314 --> 00:39:53,233
And... is that what
you're going to do?
495
00:39:56,528 --> 00:39:59,239
Is... is that what
you're going to do?
496
00:40:02,659 --> 00:40:05,162
That's what I'm gonna try to do.
497
00:40:28,226 --> 00:40:30,729
- Would you like a drink?
- Yeah.
498
00:40:55,212 --> 00:40:57,631
- Water? Soda?
- No.
499
00:41:59,318 --> 00:42:01,611
That's all right.
500
00:42:24,593 --> 00:42:25,802
Ya-ha.
501
00:42:25,886 --> 00:42:27,971
Beat you, you.
502
00:42:28,972 --> 00:42:31,266
- Is that right?
- Yeah.
503
00:42:31,350 --> 00:42:33,644
Oh, my God.
504
00:42:59,544 --> 00:43:02,204
I met him at the club
the other night.
505
00:43:02,205 --> 00:43:03,205
Poor guy.
506
00:43:05,676 --> 00:43:09,137
- You're late, Mr Galvin.
- I know. I'm sorry.
507
00:43:09,221 --> 00:43:12,724
- Why is that?
- I, Well, I just got held up.
508
00:43:12,808 --> 00:43:15,477
- Ed Concannon.
- Oh, hi.
509
00:43:15,560 --> 00:43:18,063
Frank Galvin. We've met before.
510
00:43:20,107 --> 00:43:22,818
Well... here. Let's
do some business.
511
00:43:31,285 --> 00:43:34,830
They tell me no bargain ever was
completed other than quickly...
512
00:43:34,913 --> 00:43:38,625
when both parties really
care to make a deal.
513
00:43:38,709 --> 00:43:41,378
Have you boys tried to
resolve your difficulties?
514
00:43:41,461 --> 00:43:43,828
Because that certainly
would save the
515
00:43:43,829 --> 00:43:46,258
Commonwealth a lot
of time and bother.
516
00:43:46,341 --> 00:43:49,261
Well, it's a very complicated
case, Your Honour.
517
00:43:49,344 --> 00:43:52,973
Oh, yeah, I'm sure it is, Frank.
But, let me tell you something.
518
00:43:53,056 --> 00:43:55,392
If we find it so
complex, how the hell do
519
00:43:55,393 --> 00:43:57,728
you think you'll make
jury understand it?
520
00:43:57,811 --> 00:44:00,188
You see my point?
521
00:44:00,272 --> 00:44:02,941
Now, let's talk a minute.
522
00:44:04,192 --> 00:44:05,775
Frank, what would you and your
523
00:44:05,776 --> 00:44:07,779
client take now,
this very minute...
524
00:44:07,863 --> 00:44:10,991
to walk out of here and
let this damn thing drop?
525
00:44:12,200 --> 00:44:15,162
My client can't walk, Your Honour.
526
00:44:18,790 --> 00:44:21,418
I know full well she can't, Frank.
527
00:44:21,501 --> 00:44:24,237
You see the padre on
your way out. He'll
528
00:44:24,238 --> 00:44:26,506
punch your ticket. You follow me?
529
00:44:26,590 --> 00:44:29,259
- I'm just trying to help you.
- Your Honour...
530
00:44:29,343 --> 00:44:32,095
Bishop Brophy and the archdiocese
531
00:44:32,096 --> 00:44:35,265
have offered the
plaintiff $210,000.
532
00:44:37,059 --> 00:44:38,185
What?
533
00:44:38,268 --> 00:44:40,326
My doctors didn't
want a settlement.
534
00:44:40,327 --> 00:44:42,439
They wanted this
cleared up in court.
535
00:44:42,522 --> 00:44:45,025
They want their vindication.
I agree with them.
536
00:44:45,108 --> 00:44:47,527
But for today the offer stands...
537
00:44:47,611 --> 00:44:51,406
before the... publicity
of a trial begins.
538
00:44:51,949 --> 00:44:54,402
For today only. But
when I walk out
539
00:44:54,403 --> 00:44:56,787
that door, the offer is withdrawn.
540
00:44:57,621 --> 00:45:00,290
Just so long as you
understand that, Mr Galvin.
541
00:45:00,791 --> 00:45:03,293
Got to be that way.
542
00:45:05,921 --> 00:45:08,423
We're going to try the case.
543
00:45:12,678 --> 00:45:15,305
That's it?
544
00:45:15,389 --> 00:45:17,224
Oh, come on, guys.
545
00:45:18,016 --> 00:45:20,435
Life is too short.
546
00:45:20,519 --> 00:45:24,898
Now, you tell me if you're playing
chicken or you really mean it.
547
00:45:29,111 --> 00:45:32,156
Frank, I don't think I'm
talking out of school,
548
00:45:32,157 --> 00:45:35,075
but I just heard someone
offer you 200 grand.
549
00:45:36,118 --> 00:45:38,036
Now that's a lot of money.
550
00:45:38,120 --> 00:45:41,623
And if I may say... you haven't
got the best of records.
551
00:45:43,083 --> 00:45:45,794
Things change.
552
00:45:45,877 --> 00:45:47,921
That's true.
553
00:45:48,005 --> 00:45:51,258
Sometimes they change, and
sometimes they don't.
554
00:45:51,341 --> 00:45:53,715
I remember when you
were disbarred...
555
00:45:53,716 --> 00:45:55,971
I wasn't. They
dropped the charges.
556
00:45:56,054 --> 00:45:58,692
It seems to me, a
fella's trying to
557
00:45:58,693 --> 00:46:01,476
come back, he'd take
this settlement.
558
00:46:01,560 --> 00:46:03,937
Get a record for himself.
559
00:46:04,021 --> 00:46:06,648
I myself would take it
and run like a thief.
560
00:46:07,858 --> 00:46:10,360
I'm sure you would.
561
00:46:13,363 --> 00:46:14,823
Yeah.
562
00:46:16,199 --> 00:46:19,119
Well, we have the date set.
563
00:46:20,746 --> 00:46:22,873
Next Thursday.
564
00:46:22,956 --> 00:46:24,583
Good.
565
00:46:24,666 --> 00:46:27,252
Well... see you boys in court.
566
00:46:32,257 --> 00:46:34,551
All rise.
567
00:46:55,906 --> 00:46:58,116
Dumb, dumb, dumb, dumb.
568
00:47:07,250 --> 00:47:09,753
- Mr Abraham?
- Abrams.
569
00:47:10,879 --> 00:47:14,549
- Mr Abrams, how are you?
- I'm fine.
570
00:47:17,636 --> 00:47:20,889
Have you ever been a patient in
St Catherine Labouré Hospital?
571
00:47:21,223 --> 00:47:23,725
Me? I'm Jewish.
572
00:47:26,103 --> 00:47:29,012
Have you ever been a
patient in a hospital?
573
00:47:29,013 --> 00:47:30,013
Yes.
574
00:47:30,065 --> 00:47:32,275
Well, how did they treat you?
575
00:47:32,359 --> 00:47:34,861
I don't know what you mean.
576
00:47:40,659 --> 00:47:43,161
Been a long time, huh?
577
00:47:43,245 --> 00:47:45,789
I'll get it back.
Don't worry about me.
578
00:47:46,540 --> 00:47:50,294
- Did you get the obstetric nurse?
- Maureen Rooney?
579
00:47:50,377 --> 00:47:54,298
I went over to the hospital.
She didn't wanna talk to me.
580
00:47:54,381 --> 00:47:59,011
When I get home tonight, I'll
go back. Here. Read this.
581
00:47:59,710 --> 00:48:00,710
So what?
582
00:48:00,711 --> 00:48:03,056
"So what?" The best
is yet to come.
583
00:48:03,140 --> 00:48:06,476
Check the TV guide. They got our
Dr Towler on GBH this Friday.
584
00:48:06,560 --> 00:48:08,797
The Healing Hand.
The expert speaks.
585
00:48:08,798 --> 00:48:10,689
Still gotta take it to a jury.
586
00:48:10,772 --> 00:48:13,372
All I'm saying is, they're
getting some help.
587
00:48:13,373 --> 00:48:14,943
What do you want me to do?
588
00:48:15,027 --> 00:48:18,697
Concannon's gonna try the case his
way, I'm gonna try it my way.
589
00:48:18,780 --> 00:48:21,183
You want me to go "wee
wee wee" all the way
590
00:48:21,184 --> 00:48:23,368
home just cos of
stories in newspapers?
591
00:48:23,452 --> 00:48:25,454
I'm gonna win this case.
592
00:48:25,537 --> 00:48:27,873
John, give me a cigar, huh?
593
00:48:29,333 --> 00:48:31,460
- What day is it?
- Tuesday.
594
00:48:31,543 --> 00:48:33,920
I gotta go and meet Gruber.
595
00:48:34,004 --> 00:48:36,302
What's a box of your best cigars?
596
00:48:36,303 --> 00:48:37,332
Macanudos.
597
00:48:37,333 --> 00:48:39,718
Then I gotta meet
somebody at O'Rourke's.
598
00:48:39,719 --> 00:48:42,220
Could you meet her for
me? Laura Fischer.
599
00:48:42,304 --> 00:48:44,681
- 33 bucks.
- Put it on the tab.
600
00:48:44,765 --> 00:48:47,392
- The one from the other night?
- Yeah.
601
00:48:47,476 --> 00:48:50,562
See you at the office
tomorrow. We're doing fine.
602
00:48:51,104 --> 00:48:53,398
Hey, Galvin.
603
00:48:54,983 --> 00:48:57,486
You said that you were
gonna call me up.
604
00:48:57,569 --> 00:48:59,863
- You didn't call me up.
- Oh.
605
00:48:59,947 --> 00:49:02,658
Well, who... who do
you think you are?
606
00:49:09,039 --> 00:49:11,333
Who do you think you are, huh?
607
00:49:13,585 --> 00:49:15,318
They tell me I can have you
608
00:49:15,319 --> 00:49:17,756
disbarred. Do you
know what you did?
609
00:49:18,590 --> 00:49:20,380
I said, do you know what you did?
610
00:49:20,381 --> 00:49:21,476
Take it easy.
611
00:49:21,477 --> 00:49:23,178
It's ok. It's ok.
612
00:49:25,973 --> 00:49:29,559
You ruined my life,
mister. Me and my wife.
613
00:49:29,643 --> 00:49:32,938
And now I'm gonna ruin yours.
614
00:49:33,313 --> 00:49:35,983
You don't have to go out
there to see that girl.
615
00:49:36,066 --> 00:49:38,860
We've been going for
four years now.
616
00:49:43,657 --> 00:49:48,078
See, four years... my wife has
been crying herself to sleep.
617
00:49:49,746 --> 00:49:52,291
What they did to her sister.
618
00:49:53,292 --> 00:49:55,701
Look, I swear to ya, I
wouldn't turn down the
619
00:49:55,702 --> 00:49:58,005
offer if I thought I
couldn't win the case.
620
00:49:58,088 --> 00:50:00,674
What do you mean,
what you thought?
621
00:50:00,757 --> 00:50:03,760
I am a working man, trying
to get my wife outta town.
622
00:50:03,844 --> 00:50:05,971
Now, we hired you,
and I am paying you.
623
00:50:06,054 --> 00:50:08,361
And I gotta find
out from the other
624
00:50:08,362 --> 00:50:10,475
side that they offered $200,000?
625
00:50:10,559 --> 00:50:12,436
I'm gonna win this.
626
00:50:12,519 --> 00:50:15,439
I'm going to the jury
with a solid case, I
627
00:50:15,440 --> 00:50:18,358
got a famous doctor for
an expert witness.
628
00:50:18,984 --> 00:50:22,863
You're gonna get, what,
five, six times what you...
629
00:50:23,905 --> 00:50:26,199
You guys...
630
00:50:27,951 --> 00:50:30,454
You guys, you're all the same.
631
00:50:32,623 --> 00:50:34,733
The doctors at the
hospital, you, it's
632
00:50:34,734 --> 00:50:36,627
always "What I'm gonna do for ya."
633
00:50:36,710 --> 00:50:39,504
And then you screw up and it's...
634
00:50:40,547 --> 00:50:44,301
"We did the best that we
could. I'm dreadfully sorry."
635
00:50:45,135 --> 00:50:49,306
And people like us live with your
mistakes the rest of our lives.
636
00:50:54,978 --> 00:50:57,064
- They took back the offer.
- They?
637
00:52:22,399 --> 00:52:25,277
- Dr Gruber.
- Dr Gruber isn't here today, sir.
638
00:52:25,360 --> 00:52:28,780
- No, David... David Gruber.
- Well, he's not on the chart.
639
00:52:29,573 --> 00:52:32,075
He hasn't been here all day.
640
00:52:38,624 --> 00:52:41,376
- Phone book?
- Yup. Right here.
641
00:54:08,338 --> 00:54:10,424
- What is it?
- Dr Gruber.
642
00:54:10,507 --> 00:54:12,801
Dr Gruber's not in.
643
00:54:12,884 --> 00:54:15,762
I had an... an appointment
at his office.
644
00:54:15,846 --> 00:54:18,890
I must have got it wrong.
I mean, we had a meeting.
645
00:54:18,974 --> 00:54:22,352
- He's not in, sir.
- Could you call him?
646
00:54:23,395 --> 00:54:25,478
You can't reach him, sir. He's in
647
00:54:25,479 --> 00:54:28,066
the... on some island
in the Caribbean.
648
00:54:28,150 --> 00:54:30,652
They don't have a phone.
649
00:54:31,278 --> 00:54:33,780
He'll be back in a week.
650
00:54:36,158 --> 00:54:39,161
If you'd like Dr Halfrin's
number, he's taking his calls.
651
00:54:59,181 --> 00:55:02,142
Thank you for seeing me.
652
00:55:03,852 --> 00:55:06,146
What is it?
653
00:55:07,856 --> 00:55:09,858
I...
654
00:55:09,941 --> 00:55:12,694
I need an extension on my case.
655
00:55:14,947 --> 00:55:19,284
You should have taken their offer.
Especially if you were unprepared.
656
00:55:19,368 --> 00:55:23,330
- I had a witness disappear on me.
- That happens.
657
00:55:24,539 --> 00:55:27,042
I could subpoena him
if I had a week.
658
00:55:27,125 --> 00:55:29,086
I don't have a week.
659
00:55:30,087 --> 00:55:33,006
This case should never
have come to trial.
660
00:55:33,090 --> 00:55:36,677
But you know better.
You're Mr Independent.
661
00:55:37,594 --> 00:55:40,847
You wanna be independent?
Be independent now.
662
00:55:42,599 --> 00:55:45,102
I have no sympathy for you.
663
00:55:48,021 --> 00:55:49,564
Stearns, Harrington.
664
00:55:49,648 --> 00:55:52,192
- You know who they are?
- Should I?
665
00:55:53,193 --> 00:55:55,570
Huge law firm.
666
00:55:56,196 --> 00:56:01,118
Ok, they put him in the firm,
he... marries the daughter...
667
00:56:03,203 --> 00:56:06,581
buys himself a dog, and
everything is rosy.
668
00:56:08,250 --> 00:56:12,212
Then Stearns... tries
to fix a case.
669
00:56:13,005 --> 00:56:14,162
Stearns did?
670
00:56:14,163 --> 00:56:17,301
Yeah, that Frankie was working on.
671
00:56:19,344 --> 00:56:23,932
Figured he'd need a little
help, so he... bribed a juror.
672
00:56:26,059 --> 00:56:29,563
When Frankie heard about that,
he came to me in tears.
673
00:56:30,397 --> 00:56:34,985
He figured anyone who knew what a
spinnaker was had to be a saint.
674
00:56:35,861 --> 00:56:38,564
I said "For Christ's
sakes, Frankie, wake
675
00:56:38,565 --> 00:56:41,074
up. These... these
people are sharks."
676
00:56:42,743 --> 00:56:45,339
"How the hell do you
think they wound up
677
00:56:45,340 --> 00:56:47,998
with all that goddamn
money? Doing good?"
678
00:56:48,081 --> 00:56:51,043
But... he didn't
wanna listen to me.
679
00:56:52,586 --> 00:56:56,632
He goes back to the boys at
Stearns and Harrington, and...
680
00:56:57,466 --> 00:57:00,802
he tells them that he's
very disappointed.
681
00:57:00,886 --> 00:57:03,597
He's gonna go to the
judge and rat them out.
682
00:57:04,931 --> 00:57:08,685
Course, they're way ahead of
him. Before he can get there...
683
00:57:08,769 --> 00:57:11,246
he runs into this federal marshal
684
00:57:11,247 --> 00:57:14,024
and is indicted for
jury-tampering.
685
00:57:14,107 --> 00:57:18,987
They throw him in jail, and...
he's gonna be disbarred.
686
00:57:19,071 --> 00:57:21,573
His life is over.
687
00:57:22,991 --> 00:57:26,328
- Cape Cod Casualty.
- Oh. Mr Alito, please.
688
00:57:26,411 --> 00:57:28,426
Business hours are over, sir.
689
00:57:28,427 --> 00:57:31,416
I have to reach him.
This is an emergency.
690
00:57:31,500 --> 00:57:34,711
- Please give me his home number.
- Sorry, we're not allowed.
691
00:57:34,795 --> 00:57:37,464
What? Well, could
you, could you call
692
00:57:37,465 --> 00:57:40,133
him, yes, and have
him call me, then?
693
00:57:40,217 --> 00:57:42,760
I can't guarantee that
he'll call you back.
694
00:57:42,761 --> 00:57:45,138
Yes. Oh, no, I understand,
I understand.
695
00:57:45,222 --> 00:57:48,016
Thank you. Thank you. The
name is Frank Galvin.
696
00:57:48,100 --> 00:57:51,561
- Could you spell that, please?
- Yes. G-a-l-v-i-n.
697
00:57:51,645 --> 00:57:54,773
And I will be at the following
number in about half an hour.
698
00:57:55,273 --> 00:57:57,067
Jimmy, give me a beer, will ya?
699
00:57:57,150 --> 00:57:58,610
- Want one?
- Yeah.
700
00:57:58,694 --> 00:58:01,113
Two, huh?
701
00:58:01,196 --> 00:58:06,118
Ok, so now he's in jail and he...
finally gets to see the light.
702
00:58:06,660 --> 00:58:08,903
He calls up Harrington
and tells him
703
00:58:08,904 --> 00:58:11,206
that he thinks he
made a big mistake.
704
00:58:11,290 --> 00:58:14,459
Like that, I mean,
like... like magic.
705
00:58:15,502 --> 00:58:19,673
All charges are dropped, and
he's released from jail.
706
00:58:21,967 --> 00:58:25,595
But... he's fired from the firm...
707
00:58:26,430 --> 00:58:28,515
his wife divorces him...
708
00:58:28,598 --> 00:58:31,351
he starts hitting the booze...
709
00:58:31,435 --> 00:58:35,397
and he mopes around for about
three and a half years.
710
00:58:35,939 --> 00:58:38,817
You like that story, Laura?
711
00:58:41,320 --> 00:58:44,323
What else do you wanna
know about Frankie?
712
00:59:02,633 --> 00:59:04,426
Hello?
713
00:59:04,509 --> 00:59:07,262
Oh, yeah. Thanks for calling.
714
00:59:07,346 --> 00:59:11,516
Frank Galvin. I'm representing
Deborah Ann Kaye.
715
00:59:13,393 --> 00:59:18,440
Well, I'd like to discuss your
firm's offer of that 210...
716
00:59:20,943 --> 00:59:23,487
Well, in the sense that...
717
00:59:24,321 --> 00:59:26,949
well, we'd like to accept it.
718
00:59:27,991 --> 00:59:29,826
Huh.
719
00:59:31,912 --> 00:59:35,509
Yeah, well, it came as
something of a shock to
720
00:59:35,510 --> 00:59:38,877
me too, but it is my
client's wishes and...
721
00:59:38,961 --> 00:59:41,727
She changed her mind
as of tonight and,
722
00:59:41,728 --> 00:59:44,216
of course, I tried
to dissuade her.
723
00:59:44,841 --> 00:59:47,177
Huh. Well...
724
00:59:47,260 --> 00:59:50,681
Huh. On the eve of the
trial... Well, you understand.
725
00:59:50,764 --> 00:59:54,935
I think she just came down with
a terrible case of the jitters.
726
00:59:58,438 --> 01:00:00,232
Huh.
727
01:00:01,483 --> 01:00:04,069
When was that arrived at?
728
01:00:05,737 --> 01:00:08,235
Well, I know what
Concannon said, but... I
729
01:00:08,236 --> 01:00:10,617
think you guys are
making a big mistake.
730
01:00:10,701 --> 01:00:13,306
I think you oughta
reconsider, I think you
731
01:00:13,307 --> 01:00:15,789
oughta get the principals
back together.
732
01:00:19,584 --> 01:00:21,128
Ok.
733
01:00:21,211 --> 01:00:23,922
No, no. I understand.
734
01:00:24,548 --> 01:00:27,968
No, that's fine. I'm really
sorry to bother you at home.
735
01:00:31,471 --> 01:00:35,100
What happened? You
didn't talk to Gruber?
736
01:00:35,517 --> 01:00:38,020
Oh...
737
01:00:38,770 --> 01:00:41,606
Concannon got to him.
738
01:00:44,484 --> 01:00:46,987
I can't even breathe in here.
739
01:01:07,132 --> 01:01:09,387
We're outta time. See if there's
740
01:01:09,388 --> 01:01:12,346
somebody on this list
to replace Gruber.
741
01:01:37,204 --> 01:01:40,332
Well, there's Dr Thompson.
He's the nearest.
742
01:01:59,142 --> 01:02:01,395
Dr Thompson.
743
01:02:01,478 --> 01:02:04,097
Yeah, Frank Galvin,
representing Deborah
744
01:02:04,098 --> 01:02:06,525
Ann Kaye. We had
some correspondence.
745
01:02:06,608 --> 01:02:09,610
Well, I'm sorry I
didn't get back to
746
01:02:09,611 --> 01:02:12,531
you, but... the
case got postponed.
747
01:02:12,614 --> 01:02:16,702
I had to reorganise my staff.
I'm sorry to call you so late.
748
01:02:16,785 --> 01:02:20,455
Well... we've had a
change of strategy.
749
01:02:21,873 --> 01:02:25,502
Huh. I was just wondering
if you could...
750
01:02:25,585 --> 01:02:27,546
Well, it is kinda short
notice, at any rate...
751
01:02:34,761 --> 01:02:37,639
Would you like me to go?
752
01:02:37,723 --> 01:02:40,142
No, I...
753
01:02:40,559 --> 01:02:42,936
I just...
754
01:02:43,020 --> 01:02:45,188
Why don't you try
and get some rest?
755
01:02:45,189 --> 01:02:46,356
I have work to do.
756
01:02:46,440 --> 01:02:48,942
You can't work if you can't think.
757
01:02:50,152 --> 01:02:52,654
Try and sleep.
758
01:02:53,071 --> 01:02:55,532
I'll stay here with you.
759
01:02:55,616 --> 01:02:57,743
Stay here?
760
01:02:57,826 --> 01:02:59,911
Yeah.
761
01:03:04,416 --> 01:03:07,961
I'll just see if I can get a
little... a little sleep.
762
01:03:16,595 --> 01:03:19,931
- What is your name, please?
- Dr Robert Towler.
763
01:03:20,766 --> 01:03:22,798
You were Deborah
Ann Kaye's doctor?
764
01:03:22,799 --> 01:03:24,936
No, actually, she
was referred to me.
765
01:03:25,020 --> 01:03:26,251
She was Dr Hagman's...
766
01:03:26,252 --> 01:03:28,815
Don't equivocate. Be
positive. Tell the truth.
767
01:03:28,899 --> 01:03:31,944
Whatever the truth is, just
tell that. You were her doctor.
768
01:03:32,027 --> 01:03:33,737
- Yes.
- Say it.
769
01:03:35,072 --> 01:03:36,490
I was her doctor.
770
01:03:36,782 --> 01:03:42,996
You were her anaesthesiologist at
the delivery on May 12th, 1976?
771
01:03:43,080 --> 01:03:46,275
Well, I was one of a
group of medical...
772
01:03:46,276 --> 01:03:49,544
No, answer affirmatively,
simply, please.
773
01:03:49,628 --> 01:03:51,459
And keep your answers
down to three
774
01:03:51,460 --> 01:03:53,340
words. You were not
part of a group.
775
01:03:53,423 --> 01:03:56,626
You were her anaesthesiologist.
Isn't that so?
776
01:03:56,627 --> 01:03:57,719
Yes.
777
01:03:57,803 --> 01:04:00,639
You were there to help Dr
Marx deliver the child.
778
01:04:00,722 --> 01:04:02,683
Yes.
779
01:04:03,016 --> 01:04:05,477
Anything special about the case?
780
01:04:05,560 --> 01:04:08,021
Well, when she had been...
781
01:04:08,855 --> 01:04:11,692
- "When Debby..." Thank you.
- Thank you.
782
01:04:11,775 --> 01:04:14,736
- When Debby had been...
- Remember that, Dr Towler.
783
01:04:14,820 --> 01:04:17,864
Who else was with you
in the operating room?
784
01:04:18,699 --> 01:04:21,152
Miss Nevins, nurse
anaesthetist. Dr Marx, of
785
01:04:21,153 --> 01:04:23,495
course. Maureen Rooney,
obstetric nurse...
786
01:04:23,578 --> 01:04:26,957
And what did these people
do when her heart stopped?
787
01:04:27,040 --> 01:04:30,335
- We went to Code Blue.
- Code Blue?
788
01:04:30,419 --> 01:04:34,006
Do you mind explaining to
the jury what that means?
789
01:04:35,048 --> 01:04:37,562
It's a common medical
expression. It's a
790
01:04:37,563 --> 01:04:40,137
crash programme to
restore the heartbeat.
791
01:04:40,220 --> 01:04:42,723
Dr Marx cut an airway
in her trachea so
792
01:04:42,724 --> 01:04:45,225
she could get oxygen,
she and the baby.
793
01:04:45,350 --> 01:04:48,812
- Miss Nevins...
- Why wasn't she getting oxygen?
794
01:04:48,895 --> 01:04:51,690
- Many reasons, really.
- Tell me one.
795
01:04:51,773 --> 01:04:54,475
She'd aspirated vomitus
into her mask.
796
01:04:54,476 --> 01:04:56,320
She threw up in her mask.
797
01:04:56,403 --> 01:05:01,074
Cut the bullshit, please. Just say
it. "She threw up in her mask."
798
01:05:02,451 --> 01:05:03,952
She threw up in her mask.
799
01:05:04,036 --> 01:05:07,831
Therefore she wasn't getting
oxygen and her heart stopped?
800
01:05:07,914 --> 01:05:10,751
- That's right.
- And what did your team do then?
801
01:05:10,834 --> 01:05:13,024
You brought 30 years
of medical experience
802
01:05:13,025 --> 01:05:14,755
to bear. Isn't that what you did?
803
01:05:14,838 --> 01:05:17,388
A patient riddled with
complications, with
804
01:05:17,389 --> 01:05:19,760
questionable information
on her charts.
805
01:05:19,843 --> 01:05:23,055
- We did everything we could.
- To save her, to save the child.
806
01:05:23,138 --> 01:05:24,900
You reached down into death.
807
01:05:24,901 --> 01:05:27,309
We tried to save
her. You can't know.
808
01:05:27,392 --> 01:05:28,935
You can't know.
809
01:05:29,019 --> 01:05:31,313
Good. Good.
810
01:05:32,898 --> 01:05:35,609
Now tell us.
811
01:05:40,697 --> 01:05:43,450
Well... this patient...
812
01:05:54,169 --> 01:05:56,463
Mr Galvin?
813
01:05:58,215 --> 01:06:00,509
Dr Thompson.
814
01:06:01,259 --> 01:06:03,720
Good of you to meet me.
815
01:06:05,180 --> 01:06:08,642
- Well, I'm glad you could come.
- My pleasure.
816
01:06:10,102 --> 01:06:12,821
Well... I have some
errands to run, and
817
01:06:12,822 --> 01:06:15,607
then I thought we'd
spend the evening...
818
01:06:15,691 --> 01:06:19,236
- That's what I planned on doing.
- And then I want you to...
819
01:06:19,319 --> 01:06:21,530
to go out to the home
and see the girl.
820
01:06:21,613 --> 01:06:25,200
From what I've read, Mr Galvin,
you have a very good case.
821
01:06:25,284 --> 01:06:28,078
Yes, I think so. I think so.
822
01:06:28,161 --> 01:06:30,497
Well...
823
01:06:31,415 --> 01:06:33,333
Well...
824
01:06:33,417 --> 01:06:36,295
You will be very comfortable.
825
01:06:36,378 --> 01:06:39,548
- I've put you up at my apartment.
- Oh, I made a reservation.
826
01:06:39,631 --> 01:06:42,226
You don't know who
you're dealing with.
827
01:06:42,227 --> 01:06:44,886
They'll bring a lot
of pressure to bear.
828
01:06:44,970 --> 01:06:47,439
There's nothing they can do to me.
829
01:06:47,440 --> 01:06:48,974
Please. Please, sir.
830
01:06:49,057 --> 01:06:51,351
Humour me.
831
01:06:52,519 --> 01:06:55,647
Here is the address. The
key is right inside.
832
01:06:56,440 --> 01:06:58,734
341 Worth, please.
833
01:06:59,901 --> 01:07:02,821
Treat the place as
your very own and...
834
01:07:03,822 --> 01:07:06,158
But please, please,
don't call anybody.
835
01:07:06,241 --> 01:07:09,786
And thank you... thank you
very much for coming.
836
01:07:31,933 --> 01:07:33,361
How's our new witness?
837
01:07:33,362 --> 01:07:35,562
Did you find the obstetric nurse?
838
01:07:35,646 --> 01:07:37,972
She's working the night
shift at the hospital.
839
01:07:37,973 --> 01:07:40,150
She's home now. I'll
take a run over there.
840
01:07:40,233 --> 01:07:44,905
Give me the address. I'm
going. We're gonna need her.
841
01:08:10,013 --> 01:08:12,432
Hi. Frank Galvin.
842
01:08:13,266 --> 01:08:15,973
I represent Deborah
Ann Kaye in the
843
01:08:15,974 --> 01:08:18,605
case against St Catherine Labouré.
844
01:08:18,689 --> 01:08:21,555
I told the guy I didn't
wanna talk to anybody.
845
01:08:21,556 --> 01:08:23,193
It'll just take a second.
846
01:08:23,277 --> 01:08:27,155
Deborah Ann Kaye. You know
what I'm talking about.
847
01:08:28,490 --> 01:08:30,836
Do you know who our
chief witness is?
848
01:08:30,837 --> 01:08:31,918
No.
849
01:08:31,919 --> 01:08:34,399
David Gruber. He's
the assistant chief
850
01:08:34,400 --> 01:08:37,165
anaesthesiologist at
Mass Commonwealth.
851
01:08:37,249 --> 01:08:40,494
He says that your
doctors, Towler and Marx,
852
01:08:40,495 --> 01:08:43,297
put my client in a
hospital for life.
853
01:08:43,547 --> 01:08:47,426
We can prove that. See,
what we don't know is why.
854
01:08:47,509 --> 01:08:49,845
What went on in there,
in the operating room?
855
01:08:49,928 --> 01:08:53,598
I mean, something happened.
You know what it was.
856
01:08:53,682 --> 01:08:55,823
They gave her the
wrong anaesthetic.
857
01:08:55,824 --> 01:08:57,269
Now, something happened.
858
01:08:57,352 --> 01:09:00,897
There was a distraction.
What? The telephone? What?
859
01:09:00,981 --> 01:09:03,233
You have your doctor.
What do you need me for?
860
01:09:03,317 --> 01:09:06,069
We need someone who was
in the operating room.
861
01:09:06,153 --> 01:09:08,572
We're gonna win the case.
862
01:09:08,655 --> 01:09:12,284
There's no question of that.
It's simply a matter of how big.
863
01:09:14,411 --> 01:09:16,711
Well, I don't have
anything to say to you.
864
01:09:16,712 --> 01:09:18,040
You know what happened.
865
01:09:18,123 --> 01:09:19,293
Nothing happened.
866
01:09:19,294 --> 01:09:22,127
Then why don't you
testify for their side?
867
01:09:23,170 --> 01:09:25,724
I can subpoena you,
you know. I can
868
01:09:25,725 --> 01:09:27,924
put you up there on the stand.
869
01:09:28,008 --> 01:09:30,218
And ask me what?
870
01:09:30,302 --> 01:09:32,804
Who turned my client into
a goddamn vegetable?
871
01:09:32,888 --> 01:09:35,265
- I didn't do it.
- Who are you protecting?
872
01:09:35,349 --> 01:09:38,727
- Who says I'm protecting anyone?
- Doctors? What do you owe them?
873
01:09:38,810 --> 01:09:40,812
I don't owe them a goddamn thing.
874
01:09:40,813 --> 01:09:42,981
Then why don't you
testify for them?
875
01:09:43,065 --> 01:09:45,817
- You're very pushy, fella.
- You think I'm pushy now.
876
01:09:45,901 --> 01:09:48,341
Wait till I get you up
there on the stand.
877
01:09:48,342 --> 01:09:50,781
Well, maybe you just
better do that, then.
878
01:09:51,698 --> 01:09:54,284
You know, you guys
are all the same.
879
01:09:54,368 --> 01:09:57,245
You don't care who you hurt.
880
01:09:57,329 --> 01:10:00,207
All you care about is a dollar.
You're a bunch of whores.
881
01:10:01,291 --> 01:10:05,754
You've got no loyalty... no
nothing. You're a bunch of whores.
882
01:10:10,676 --> 01:10:13,178
Thank you.
883
01:10:13,261 --> 01:10:15,597
His name is Dr Lionel Thompson.
884
01:10:15,681 --> 01:10:20,143
City College of New York, class
of '28. Bachelor of Science.
885
01:10:20,227 --> 01:10:24,356
New York College of Medicine,
16th in a class of 22.
886
01:10:24,439 --> 01:10:28,652
1976, got a courtesy appointment,
staff of anaesthesiology...
887
01:10:28,735 --> 01:10:31,321
Easthampton Hospital for Women.
888
01:10:32,155 --> 01:10:36,285
Never married. Has no honours
or degrees of any weight.
889
01:10:36,368 --> 01:10:40,914
Since 1975 he's testified
in 28 court cases.
890
01:10:41,498 --> 01:10:44,042
12 malpractice.
891
01:10:44,126 --> 01:10:47,296
And... he's black.
892
01:10:50,424 --> 01:10:52,321
I'll tell you how
you handle the fact
893
01:10:52,322 --> 01:10:53,969
that he's black. Don't touch it.
894
01:10:54,052 --> 01:10:56,592
Don't mention it.
Treat him just like
895
01:10:56,593 --> 01:10:59,266
anybody else, neither
better nor worse.
896
01:10:59,349 --> 01:11:03,270
And, let's have a black
lawyer sit at our table.
897
01:11:03,645 --> 01:11:05,981
- Ok?
- Yes, sir.
898
01:11:07,024 --> 01:11:09,776
And what else do you do?
899
01:11:09,860 --> 01:11:13,905
Get the record of his testimony
in the 12 malpractice cases.
900
01:11:13,989 --> 01:11:16,867
Do that. We'll be at Locke-Ober's.
901
01:11:19,745 --> 01:11:22,010
They gave her the
wrong anaesthetic,
902
01:11:22,011 --> 01:11:23,540
under the circumstances.
903
01:11:23,624 --> 01:11:25,417
Why is that?
904
01:11:25,500 --> 01:11:30,047
Her sister said she ate one
hour prior to admittance.
905
01:11:30,130 --> 01:11:32,837
That's what her sister
says. The admittance
906
01:11:32,838 --> 01:11:35,052
form says she ate
nine hours prior.
907
01:11:35,135 --> 01:11:37,721
She went in complaining of nausea.
908
01:11:38,180 --> 01:11:42,476
A good doctor would have doubted
the information on the chart.
909
01:11:42,559 --> 01:11:44,895
Is that what a good
doctor would do?
910
01:11:44,978 --> 01:11:48,815
- How old are you, Doctor?
- I'm 74 years old.
911
01:11:49,483 --> 01:11:52,861
And what makes you an
expert in anaesthesiology?
912
01:11:52,945 --> 01:11:55,763
I'm on the staff of
anaesthesiology,
913
01:11:55,764 --> 01:11:58,200
Easthampton Hospital for Women.
914
01:12:00,285 --> 01:12:02,537
The Easthampton
Hospital for Women?
915
01:12:02,621 --> 01:12:05,624
What is that, a joke? Let me
tell you something, Doctor.
916
01:12:05,707 --> 01:12:07,853
Those men at Catherine
Labouré, known not
917
01:12:07,854 --> 01:12:09,795
only in this city
but in the world...
918
01:12:09,878 --> 01:12:12,214
were trying to save
a woman's life.
919
01:12:12,297 --> 01:12:15,258
They were there. And here you
are, four years later...
920
01:12:15,342 --> 01:12:19,179
I made a detailed physical
examination of the patient, sir.
921
01:12:21,640 --> 01:12:24,851
Is she, is she getting
good treatment over there?
922
01:12:24,935 --> 01:12:29,231
Well, actually, it's... Yes. Well,
it's by no means bad, but...
923
01:12:29,314 --> 01:12:32,317
What's the point of ruining
the reputation of two men...
924
01:12:32,401 --> 01:12:36,738
to try to help a girl whose life's
not gonna be changed in the least?
925
01:12:36,822 --> 01:12:39,074
You know what Code Blue is?
926
01:12:39,157 --> 01:12:40,909
Code Blue...
927
01:12:42,119 --> 01:12:44,621
It's a common medical term.
928
01:12:54,089 --> 01:12:56,174
We're gonna lose.
929
01:12:58,385 --> 01:13:01,305
You think it's my fault?
930
01:13:01,388 --> 01:13:04,308
Well... there must be
something you can do.
931
01:13:04,391 --> 01:13:06,893
That's not the point.
932
01:13:10,188 --> 01:13:12,691
It's over.
933
01:13:25,287 --> 01:13:27,831
Do you think it's my fault?
934
01:13:27,914 --> 01:13:30,709
That I could have...
935
01:13:30,792 --> 01:13:33,170
No. But...
936
01:13:35,255 --> 01:13:39,384
Oh, God. I never should have taken
it. There was no way I could win.
937
01:13:41,386 --> 01:13:44,181
And it's over?
938
01:13:44,264 --> 01:13:46,391
Yeah, it's over.
939
01:13:46,475 --> 01:13:50,145
But I thought it wasn't over
until the jury comes in.
940
01:13:50,979 --> 01:13:53,649
- Who'd you hear that from?
- From you.
941
01:13:57,027 --> 01:13:59,488
You want me to tell
you it's your fault.
942
01:13:59,571 --> 01:14:03,241
Ok, it probably is. But what
are you gonna do about it?
943
01:14:09,039 --> 01:14:11,836
I wanted to talk to
you. I thought maybe...
944
01:14:11,837 --> 01:14:14,086
You maybe could get some sympathy?
945
01:14:14,169 --> 01:14:16,672
You came to the wrong place.
946
01:14:18,048 --> 01:14:21,051
What makes you so tough?
947
01:14:23,387 --> 01:14:26,139
- Maybe I'll tell you later.
- Is there gonna be a later?
948
01:14:26,223 --> 01:14:29,242
Not if you don't grow
up. You're like a
949
01:14:29,243 --> 01:14:32,562
kid, coming in here
like it's Sunday night.
950
01:14:32,646 --> 01:14:34,872
You want me to say
you have a fever so
951
01:14:34,873 --> 01:14:36,984
you don't have to
go back to school.
952
01:14:37,067 --> 01:14:39,100
Why won't you understand?
953
01:14:39,101 --> 01:14:42,489
I do understand, Frank.
Believe me, I do.
954
01:14:42,572 --> 01:14:46,285
You say... you say you're
gonna lose, "Is it my fault?"
955
01:14:46,368 --> 01:14:49,621
The damn case starts tomorrow,
and already it's over for you.
956
01:14:49,705 --> 01:14:52,207
- It is over.
- You wanna be a failure?
957
01:14:52,291 --> 01:14:54,376
Then do it some
place else. I can't
958
01:14:54,377 --> 01:14:56,461
invest in failure,
Frank, any more.
959
01:14:57,921 --> 01:15:00,424
I can't.
960
01:15:03,635 --> 01:15:06,388
Excuse me.
961
01:15:14,605 --> 01:15:16,315
Frank?
962
01:15:18,442 --> 01:15:19,443
Frank.
963
01:15:20,319 --> 01:15:24,114
Please don't... please...
964
01:15:24,865 --> 01:15:27,159
please...
965
01:15:28,535 --> 01:15:30,621
please don't pressure me.
966
01:15:30,704 --> 01:15:32,998
Please don't.
967
01:16:21,296 --> 01:16:26,218
I'm gonna do the best that I
can for you and your sister.
968
01:16:26,301 --> 01:16:30,681
I know how much it means to you,
and it means that much to me, too.
969
01:16:58,667 --> 01:17:01,169
- How ya holding up?
- Good.
970
01:17:03,422 --> 01:17:06,033
All we have is the
witch doctor, huh?
971
01:17:06,034 --> 01:17:07,056
Yeah.
972
01:17:07,057 --> 01:17:09,303
Well, look at it
this way, Frankie.
973
01:17:10,345 --> 01:17:12,885
It's refreshing
every time a doctor
974
01:17:12,886 --> 01:17:15,142
takes the stand he's not a Jew.
975
01:17:17,311 --> 01:17:19,021
All rise.
976
01:17:36,079 --> 01:17:38,118
Hear ye, hear ye.
All persons having
977
01:17:38,119 --> 01:17:40,542
anything to do before
the Superior Court...
978
01:17:40,626 --> 01:17:43,159
now sitting at Boston,
draw near, give
979
01:17:43,160 --> 01:17:45,756
your attendance and
you shall be heard.
980
01:17:45,839 --> 01:17:49,801
God save the Commonwealth of
Massachusetts. Be seated.
981
01:17:52,262 --> 01:17:55,349
Deborah Ann Kaye versus St
Catherine Labouré Hospital...
982
01:17:55,432 --> 01:17:59,144
and Robert S Towler MD
and Sheldon F Marx MD.
983
01:18:01,188 --> 01:18:03,732
Is the plaintiff ready?
984
01:18:05,400 --> 01:18:08,195
- We are, Your Honour.
- Defence?
985
01:18:08,278 --> 01:18:10,461
Ready for the
defence, Your Honour.
986
01:18:10,462 --> 01:18:11,462
Let's begin.
987
01:18:13,825 --> 01:18:16,078
Your Honour...
988
01:18:17,955 --> 01:18:20,874
ladies and gentlemen
of the jury...
989
01:18:22,250 --> 01:18:25,170
it's a terrible thing
to sit in judgement.
990
01:18:27,631 --> 01:18:30,342
So much rides on it.
991
01:18:30,425 --> 01:18:34,554
I know that you have thought
"How can I be pure?"
992
01:18:36,139 --> 01:18:38,475
"How can...
993
01:18:39,101 --> 01:18:43,689
how can I be... impartial
without being cold?"
994
01:18:43,772 --> 01:18:47,109
"How can I be...
995
01:18:48,694 --> 01:18:51,196
merciful, and still be just?"
996
01:18:51,822 --> 01:18:55,742
I know that some of you
have said prayers today...
997
01:18:55,826 --> 01:18:59,955
to be helped... to
judge correctly.
998
01:19:03,375 --> 01:19:07,838
We have the reputation
of two men, two...
999
01:19:10,048 --> 01:19:12,759
well-respected
doctors before us...
1000
01:19:13,343 --> 01:19:15,846
and a renowned hospital.
1001
01:19:16,471 --> 01:19:18,849
And with them we have...
1002
01:19:18,932 --> 01:19:21,560
my client, Deborah Ann Kaye...
1003
01:19:22,603 --> 01:19:25,022
who was deprived of sight...
1004
01:19:28,150 --> 01:19:31,111
of speech, of hearing...
1005
01:19:32,029 --> 01:19:34,406
of locomotion, of...
1006
01:19:34,489 --> 01:19:37,576
Well, in short, everything
that constitutes her life.
1007
01:19:37,659 --> 01:19:42,497
We will prove that she was
deprived through negligence...
1008
01:19:44,458 --> 01:19:48,503
through the negligence of
these... respected men.
1009
01:19:50,589 --> 01:19:53,925
We will show, one...
1010
01:19:54,217 --> 01:19:57,095
Why did he go to see
Maureen Rooney?
1011
01:19:57,179 --> 01:19:59,806
She's the only nurse
who isn't testifying.
1012
01:19:59,890 --> 01:20:02,392
- And what did he find?
- Nothing.
1013
01:20:03,268 --> 01:20:05,687
How good's your intelligence?
1014
01:20:05,771 --> 01:20:08,065
Very good.
1015
01:20:09,399 --> 01:20:12,903
So what is the rest of his case,
aside from this Dr Thompson?
1016
01:20:12,986 --> 01:20:15,697
As far as we know, nothing.
1017
01:20:15,781 --> 01:20:18,010
Thank Mr Concannon for me. Please
1018
01:20:18,011 --> 01:20:20,577
tell him I'll see
him in his office.
1019
01:20:24,206 --> 01:20:26,708
Good morning, Doctor.
Dr Thompson...
1020
01:20:26,792 --> 01:20:30,587
just so the jury knows, you
never treated Deborah Ann Kaye.
1021
01:20:30,671 --> 01:20:33,006
- Is that correct?
- That is correct.
1022
01:20:33,090 --> 01:20:35,884
I was engaged to
render an opinion.
1023
01:20:35,968 --> 01:20:39,638
"Engaged to render an opinion"
for a price. That is correct?
1024
01:20:39,721 --> 01:20:43,225
- You are being paid to be here?
- Just as you are, sir.
1025
01:20:46,103 --> 01:20:48,897
Are you board-certified
in anaesthesiology?
1026
01:20:48,981 --> 01:20:52,317
No, I'm not. It's quite common
in New York State to practise...
1027
01:20:52,401 --> 01:20:56,780
Yes, I'm quite sure it is,
but, this is, Massachusetts.
1028
01:20:56,863 --> 01:20:59,866
Are you board-certified
in internal medicine?
1029
01:20:59,950 --> 01:21:01,042
No.
1030
01:21:01,043 --> 01:21:03,787
- Neurology?
- No.
1031
01:21:03,870 --> 01:21:05,706
Orthopaedics?
1032
01:21:05,789 --> 01:21:08,583
- I'm just an MD.
- Ah...
1033
01:21:08,667 --> 01:21:11,837
Do you, know Dr Robert Towler?
1034
01:21:11,920 --> 01:21:14,131
- I know of him.
- And how is that?
1035
01:21:14,715 --> 01:21:17,759
- Through his book.
- What book is that?
1036
01:21:18,552 --> 01:21:21,513
Methodology and Practise...
1037
01:21:23,974 --> 01:21:27,227
in... in Anaesthesiology..
1038
01:21:27,477 --> 01:21:31,023
Methodology and Practise
in Anaesthesiology.
1039
01:21:31,106 --> 01:21:32,399
Yes.
1040
01:21:32,482 --> 01:21:36,278
- How old are you, Doctor?
- I'm 74 years old.
1041
01:21:36,695 --> 01:21:38,363
Huh.
1042
01:21:38,447 --> 01:21:42,409
Do you still practise
quite a lot of medicine?
1043
01:21:42,492 --> 01:21:45,287
I'm, on the staff of
anaesthesiology...
1044
01:21:45,370 --> 01:21:47,456
Yes. Yes, I've heard that.
1045
01:21:47,539 --> 01:21:53,128
But you do... testify quite a
bit against other physicians.
1046
01:21:53,211 --> 01:21:56,048
Isn't that correct?
You are available for
1047
01:21:56,049 --> 01:21:58,884
that, so long as you're
paid to be there.
1048
01:21:59,468 --> 01:22:01,970
Sir, yes.
1049
01:22:03,639 --> 01:22:08,185
When a thing is wrong, as in
this case, I am available.
1050
01:22:09,686 --> 01:22:11,855
I'm 74 years old.
1051
01:22:11,939 --> 01:22:14,316
I'm not board-certified.
1052
01:22:14,399 --> 01:22:17,569
I've been practising
medicine for 46 years,
1053
01:22:17,570 --> 01:22:20,739
and I know when an
injustice has been done.
1054
01:22:21,073 --> 01:22:23,450
Do you, indeed?
1055
01:22:23,533 --> 01:22:26,328
I bet you do. That's fine.
1056
01:22:26,411 --> 01:22:28,872
Fine.
1057
01:22:28,956 --> 01:22:31,166
Let's save the court time.
1058
01:22:31,249 --> 01:22:34,628
We'll admit Dr Thompson
as an "expert witness."
1059
01:22:36,713 --> 01:22:39,271
Mr Galvin, do you
want to continue now?
1060
01:22:39,272 --> 01:22:41,510
Or we could resume this afternoon.
1061
01:22:42,552 --> 01:22:45,055
I'll continue, Your Honour.
1062
01:22:45,138 --> 01:22:47,432
Dr Thompson...
1063
01:22:48,225 --> 01:22:50,938
did you examine Deborah
Ann Kaye at the
1064
01:22:50,939 --> 01:22:53,855
Northern Chronic Care
Facility last night?
1065
01:22:53,939 --> 01:22:55,107
- I did.
- Objection.
1066
01:22:55,190 --> 01:22:57,781
Sustained. The witness
will confine his
1067
01:22:57,782 --> 01:23:00,696
testimony to review of
the hospital records.
1068
01:23:01,280 --> 01:23:04,234
Dr Thompson, in your review of the
1069
01:23:04,235 --> 01:23:07,536
hospital records of
May 12th 1976...
1070
01:23:07,619 --> 01:23:11,999
in your opinion, what
happened to Deborah Ann Kaye?
1071
01:23:12,082 --> 01:23:14,876
Cardiac arrest.
1072
01:23:14,960 --> 01:23:17,462
During delivery her heart stopped.
1073
01:23:18,046 --> 01:23:21,425
When the heart stops, the
brain is deprived of oxygen.
1074
01:23:21,508 --> 01:23:23,760
You get brain damage.
1075
01:23:23,844 --> 01:23:26,680
That's why she's in the
state she's in today.
1076
01:23:26,763 --> 01:23:29,043
Dr Towler has testified
that he restored
1077
01:23:29,044 --> 01:23:31,268
the heartbeat in three
to four minutes.
1078
01:23:31,351 --> 01:23:34,605
In your opinion, is that
an accurate estimate?
1079
01:23:34,980 --> 01:23:37,811
In my opinion, it took
much longer, nine,
1080
01:23:37,812 --> 01:23:40,777
ten minutes. There's
too much brain damage.
1081
01:23:40,861 --> 01:23:44,489
Are you saying failure to restore
heartbeat within nine minutes...
1082
01:23:44,573 --> 01:23:47,367
in itself constitutes
bad medical practise?
1083
01:23:47,451 --> 01:23:50,037
- Your Honour.
- Yes, Mr Galvin?
1084
01:23:50,871 --> 01:23:54,625
If I may be permitted to question
my own witness in my own way...
1085
01:23:54,708 --> 01:23:57,294
- I'd like to get to the point.
- I am getting to...
1086
01:23:57,377 --> 01:24:01,048
I believe I have the right to ask
the witness a direct question.
1087
01:24:01,673 --> 01:24:04,635
Now let's not waste
these people's time.
1088
01:24:05,677 --> 01:24:07,929
Answer the question,
Mr Witness, please.
1089
01:24:08,013 --> 01:24:10,882
Would a nine-minute
lapse in restoring the
1090
01:24:10,883 --> 01:24:13,685
heartbeat in and of
itself be negligence?
1091
01:24:15,145 --> 01:24:18,065
In that small context, I
would have to say no.
1092
01:24:18,565 --> 01:24:21,985
Then you're saying there's no
negligence, based on my question?
1093
01:24:22,069 --> 01:24:24,719
Given the limits of
your question, yes.
1094
01:24:24,720 --> 01:24:26,865
The doctors were not negligent.
1095
01:24:29,159 --> 01:24:31,370
Thank you.
1096
01:24:31,453 --> 01:24:33,246
I'm not through questioning...
1097
01:24:33,330 --> 01:24:36,083
Your Honour, with
all due respect...
1098
01:24:36,917 --> 01:24:40,337
if you're gonna try my case for
me, I wish you wouldn't lose it.
1099
01:24:44,424 --> 01:24:47,886
Thank you. I think that's
enough for this morning.
1100
01:24:48,345 --> 01:24:51,306
I'll see counsel in my chambers.
1101
01:24:51,390 --> 01:24:53,809
- Now, please.
- All rise.
1102
01:24:54,851 --> 01:24:57,562
Court is adjourned
until one o'clock.
1103
01:25:01,817 --> 01:25:04,047
I'm gonna write to
the Board of Bar
1104
01:25:04,048 --> 01:25:06,154
Overseers about you today, fella.
1105
01:25:06,238 --> 01:25:08,574
You're on your way
out. They should have
1106
01:25:08,575 --> 01:25:10,909
kicked you out in that
Lillibridge case.
1107
01:25:10,993 --> 01:25:13,453
Now, this is it, today.
1108
01:25:14,496 --> 01:25:17,124
I'm an attorney...
1109
01:25:17,207 --> 01:25:20,836
on trial before the Bar,
representing my client.
1110
01:25:20,919 --> 01:25:23,429
My client. When you
open your mouth,
1111
01:25:23,430 --> 01:25:25,465
you're losing my case for me.
1112
01:25:25,549 --> 01:25:28,010
- Listen to me, fella...
- No, you listen to me.
1113
01:25:28,093 --> 01:25:30,846
All I wanted out of this
trial was a fair shake.
1114
01:25:30,929 --> 01:25:34,433
You push me into court five days
early, I lose my star witness...
1115
01:25:34,516 --> 01:25:37,311
and I can't get a continuance.
And I don't care.
1116
01:25:37,394 --> 01:25:39,754
I'm going up there, I'm
gonna try it, and let
1117
01:25:39,755 --> 01:25:41,857
the jury decide. They
told me about you.
1118
01:25:41,940 --> 01:25:44,943
Said you're a hard-ass,
you're a defendant's judge.
1119
01:25:45,027 --> 01:25:48,405
Well, I don't care. I said to
hell with it. To hell with it.
1120
01:25:48,614 --> 01:25:50,490
Look, Galvin, many years ago I...
1121
01:25:50,574 --> 01:25:53,827
Come on. Don't give me that shit
about you being a lawyer too.
1122
01:25:53,910 --> 01:25:56,705
I know about you. You
couldn't hack it as a lawyer.
1123
01:25:56,788 --> 01:26:00,167
You were a bagman for the boys
downtown, and you still are.
1124
01:26:00,250 --> 01:26:03,211
- Are you done?
- You're damn right I'm done.
1125
01:26:03,295 --> 01:26:05,659
I'm gonna ask for a
mistrial. I'll request
1126
01:26:05,660 --> 01:26:08,133
that you disqualify
yourself from this case.
1127
01:26:08,216 --> 01:26:10,109
I'll take a transcript
of the trial
1128
01:26:10,110 --> 01:26:11,845
to the Judicial Conduct Board...
1129
01:26:11,928 --> 01:26:13,765
and ask them to impeach your ass.
1130
01:26:13,766 --> 01:26:15,807
You aren't gonna get
a mistrial, boy.
1131
01:26:15,891 --> 01:26:19,478
We're going back, and we're
gonna try this case to the end.
1132
01:26:19,686 --> 01:26:21,431
Get out of here before I call the
1133
01:26:21,432 --> 01:26:23,440
bailiff and have you
thrown in jail.
1134
01:26:40,207 --> 01:26:42,501
What does it mean?
1135
01:26:42,584 --> 01:26:45,629
I mean, you... have other tactics?
1136
01:26:45,712 --> 01:26:48,308
Oh, yeah. They present
their case, then I
1137
01:26:48,309 --> 01:26:50,842
get a chance, and we
just cross-examine.
1138
01:26:50,926 --> 01:26:53,443
Are we gonna win?
I mean... I mean,
1139
01:26:53,444 --> 01:26:55,681
you have other tactics, though?
1140
01:26:55,764 --> 01:26:57,224
Yeah.
1141
01:27:02,062 --> 01:27:04,564
Thank you, Dr Towler.
1142
01:27:04,648 --> 01:27:07,109
No further questions, Your Honour.
1143
01:27:07,192 --> 01:27:08,986
- Dr Towler?
- Yes.
1144
01:27:09,069 --> 01:27:11,446
- Let's work backwards.
- Yes.
1145
01:27:12,906 --> 01:27:16,243
You have a record of what
happened in the operating room.
1146
01:27:16,326 --> 01:27:21,039
You made notations every 30
seconds of the procedures.
1147
01:27:21,123 --> 01:27:23,905
These notations stop
four and a half minutes
1148
01:27:23,906 --> 01:27:26,378
after Deborah Ann
Kaye's heart stopped.
1149
01:27:26,461 --> 01:27:28,994
Four and a half minutes
after her heart
1150
01:27:28,995 --> 01:27:31,717
stopped. They resumed
three minutes later.
1151
01:27:31,800 --> 01:27:34,499
We had more on our minds
than taking notes.
1152
01:27:34,500 --> 01:27:37,014
We were trying to
restore her heartbeat.
1153
01:27:37,097 --> 01:27:39,127
What happened in
those three minutes?
1154
01:27:39,128 --> 01:27:40,142
We were trying...
1155
01:27:40,225 --> 01:27:42,603
- What happened?
- Objection, Your Honour.
1156
01:27:42,686 --> 01:27:45,731
Why did it take so long
to restore her heartbeat?
1157
01:27:45,814 --> 01:27:48,609
Almost nine minutes to
restore her heartbeat...
1158
01:27:48,692 --> 01:27:51,903
which caused massive
irreversible brain damage.
1159
01:27:51,987 --> 01:27:54,698
You're not allowing the
witness to answer.
1160
01:27:54,781 --> 01:27:58,035
Thank you, Your Honour.
I would like to answer.
1161
01:27:59,286 --> 01:28:01,705
Brain damage could have...
1162
01:28:02,748 --> 01:28:06,835
It didn't necessarily take
nine or eight minutes.
1163
01:28:06,918 --> 01:28:09,338
It could have been caused in two.
1164
01:28:09,421 --> 01:28:11,840
Wait a minute.
1165
01:28:12,466 --> 01:28:16,470
You're saying that her brain
damage could have been caused...
1166
01:28:16,553 --> 01:28:19,097
by being deprived of
oxygen for two minutes?
1167
01:28:19,181 --> 01:28:20,390
Yes.
1168
01:28:21,683 --> 01:28:24,061
Why is that?
1169
01:28:25,729 --> 01:28:28,899
It's right there on
her medical chart.
1170
01:28:28,982 --> 01:28:33,278
She was anaemic. Less
blood, less oxygen.
1171
01:28:33,362 --> 01:28:36,823
The brain was getting
less oxygen anyway.
1172
01:28:48,669 --> 01:28:51,046
I didn't do too well for you.
1173
01:28:52,089 --> 01:28:54,257
You did fine.
1174
01:28:54,341 --> 01:28:56,927
No, I'm afraid that's not true.
1175
01:28:57,970 --> 01:29:00,305
Will you want me to
stay on till Monday?
1176
01:29:00,389 --> 01:29:03,350
No, thank you. You can go on home.
1177
01:29:05,978 --> 01:29:11,149
You know, Mr Galvin, sometimes
people can surprise you.
1178
01:29:11,233 --> 01:29:14,987
Sometimes they have a great
capacity to hear the truth.
1179
01:29:16,029 --> 01:29:18,323
Yeah. Yes.
1180
01:29:23,161 --> 01:29:25,904
Sure you don't want me to stay on?
1181
01:29:25,905 --> 01:29:27,165
No. Thank you.
1182
01:29:28,208 --> 01:29:30,711
You can go on home.
1183
01:29:38,468 --> 01:29:41,013
I'll see you back
at the office, huh?
1184
01:29:52,065 --> 01:29:54,484
- What happened?
- It's bad.
1185
01:29:56,987 --> 01:29:59,615
What are you going to do now?
1186
01:30:01,074 --> 01:30:03,660
I don't have a goddamn idea.
1187
01:30:11,627 --> 01:30:14,356
What do you do if you
don't have a witness?
1188
01:30:14,357 --> 01:30:15,839
You use their witness.
1189
01:30:15,922 --> 01:30:16,930
That's right.
1190
01:30:16,931 --> 01:30:19,885
Well, I think we've
tried that, Francis.
1191
01:30:20,552 --> 01:30:23,013
The case is over.
1192
01:30:23,639 --> 01:30:26,975
You know, you broke the first
rule I taught you in law school:
1193
01:30:27,059 --> 01:30:30,437
You never ask a question unless
you have the answer to it.
1194
01:30:30,520 --> 01:30:34,483
Even your own expert witness
said there was no negligence.
1195
01:30:35,525 --> 01:30:38,320
It's over, period.
1196
01:30:38,403 --> 01:30:40,156
There'll be other cases.
1197
01:30:40,157 --> 01:30:43,325
There are no other
cases. This is the case.
1198
01:30:43,408 --> 01:30:46,495
There are no other
cases. This is the case.
1199
01:30:49,623 --> 01:30:52,626
There are no other
cases. This is the case.
1200
01:30:54,086 --> 01:30:56,964
No other cases, this is the case.
1201
01:31:00,092 --> 01:31:02,552
I know how you feel.
1202
01:31:04,429 --> 01:31:07,724
You don't believe me,
but I... do know.
1203
01:31:10,018 --> 01:31:13,689
I'm gonna tell you something that
I learned when I was your age.
1204
01:31:13,772 --> 01:31:20,320
I had prepared a case, and old man
White said to me "How did you do?"
1205
01:31:20,404 --> 01:31:23,991
And I said "I did my best."
1206
01:31:25,200 --> 01:31:27,494
And he said...
1207
01:31:28,954 --> 01:31:33,041
"You're not paid to do your
best. You're paid to win."
1208
01:31:34,084 --> 01:31:37,004
And that's what pays
for this office...
1209
01:31:38,046 --> 01:31:42,676
pays for the pro Bono work
that we do for the poor...
1210
01:31:45,304 --> 01:31:50,601
pays for the... type of law
that you want to practise.
1211
01:31:55,022 --> 01:31:57,482
It pays for my whiskey.
1212
01:32:00,402 --> 01:32:04,156
It pays for... your clothes.
1213
01:32:05,866 --> 01:32:08,535
It pays for the leisure
we have to sit back...
1214
01:32:08,619 --> 01:32:12,831
and discuss... philosophy,
as we're doing tonight.
1215
01:32:12,914 --> 01:32:15,459
We're paid to win the case.
1216
01:32:19,671 --> 01:32:22,445
You've finished your
marriage. You...
1217
01:32:22,446 --> 01:32:25,510
wanted to come back
and practise the law.
1218
01:32:32,476 --> 01:32:35,020
You wanted to come
back to the world.
1219
01:32:41,151 --> 01:32:43,445
Welcome back.
1220
01:32:49,034 --> 01:32:51,787
Why isn't Maureen
Rooney testifying?
1221
01:32:53,038 --> 01:32:55,374
Hey. You with me? You awake?
1222
01:32:55,457 --> 01:32:58,293
- Yeah, I'm awake.
- She's protecting somebody.
1223
01:32:58,377 --> 01:33:00,921
Who is she protecting?
1224
01:33:01,964 --> 01:33:03,340
Doctors?
1225
01:33:03,423 --> 01:33:07,135
If she's protecting the doctors,
she'd be on the witness stand.
1226
01:33:07,219 --> 01:33:09,721
Read me what she said.
1227
01:33:16,561 --> 01:33:20,983
"You guys are a bunch of whores.
Loyalty. Don't care who you hurt."
1228
01:33:21,066 --> 01:33:23,694
- "You guys got no loyalty."
- One of the nurses?
1229
01:33:23,777 --> 01:33:28,365
Who? Everybody who was in the
operating room is testifying.
1230
01:33:28,448 --> 01:33:31,576
All right. Who wasn't
in the operating room?
1231
01:33:37,165 --> 01:33:39,501
The admitting nurse?
1232
01:33:40,544 --> 01:33:43,547
- What does she do?
- She took down the history.
1233
01:33:45,340 --> 01:33:48,468
And she signed it here.
"KC." Kaitlin Costello.
1234
01:33:48,552 --> 01:33:50,387
- The history?
- Yeah.
1235
01:33:50,470 --> 01:33:54,016
"How old are you? How many
children do you have?"
1236
01:34:13,118 --> 01:34:15,915
"How old are you?
How many children
1237
01:34:15,916 --> 01:34:18,790
do you have? When
did you last eat?"
1238
01:35:13,262 --> 01:35:14,972
Oh, Miss Rooney.
1239
01:35:16,640 --> 01:35:18,767
I understand what
you're doing, and I
1240
01:35:18,768 --> 01:35:20,894
just wanted you to
know that it's ok.
1241
01:35:20,978 --> 01:35:24,481
- What are you talking about?
- Well, about Kaitlin Costello.
1242
01:35:24,564 --> 01:35:27,317
I mean, I don't blame
you for shielding her.
1243
01:35:27,401 --> 01:35:31,363
- I spoke to her today.
- What are you talking about?
1244
01:35:32,155 --> 01:35:34,149
I talked to her this
morning, and...
1245
01:35:34,150 --> 01:35:35,325
I know. She told me.
1246
01:35:35,409 --> 01:35:37,744
- She told you?
- I just saw her.
1247
01:35:37,828 --> 01:35:40,539
In New York? You saw
Kat in New York?
1248
01:35:42,040 --> 01:35:44,668
Or is she in town? Is she in town?
1249
01:35:45,002 --> 01:35:47,671
Thank you. I'm sorry.
1250
01:35:47,754 --> 01:35:50,173
All right. Thank you.
1251
01:35:50,257 --> 01:35:53,594
Don't we have anything from the
New York Nurse Association?
1252
01:35:53,677 --> 01:35:57,514
- That broad has disappeared.
- From the hospital?
1253
01:35:57,598 --> 01:36:00,642
Well, there's no records
since she quit in '76.
1254
01:36:00,726 --> 01:36:03,645
She quit two weeks
after the incident.
1255
01:36:03,729 --> 01:36:05,689
- Thank you.
- I have to talk to you.
1256
01:36:05,772 --> 01:36:06,940
I can't talk now.
1257
01:36:07,024 --> 01:36:08,773
Call the AMA. Tell 'em you're Dr
1258
01:36:08,774 --> 01:36:11,069
Somebody and you need
to find a nurse...
1259
01:36:11,153 --> 01:36:13,196
get some forms, somebody's dying.
1260
01:36:13,280 --> 01:36:16,357
Mrs Costello? I'm sorry
to bother you this
1261
01:36:16,358 --> 01:36:19,578
late, but this is Mr
Goldberg in Accounting.
1262
01:36:19,661 --> 01:36:22,581
We have some money here for you.
1263
01:36:23,957 --> 01:36:26,877
Is this the Mrs Costello,
the registered nurse?
1264
01:36:26,960 --> 01:36:30,631
I see. Well, I'm sorry. Our
records must be mixed up.
1265
01:36:32,299 --> 01:36:35,093
Are you related to
Kaitlin Costello?
1266
01:36:35,177 --> 01:36:37,017
You aren't. All right, thank you.
1267
01:36:37,018 --> 01:36:38,805
This is Dr Dorchester in Boston.
1268
01:36:38,889 --> 01:36:42,726
Listen, a nurse left my
employment about four years ago.
1269
01:36:42,809 --> 01:36:45,729
A Kaitlin Costello.
1270
01:36:46,772 --> 01:36:48,607
That's correct.
1271
01:36:48,690 --> 01:36:50,756
This is Mr Dorchester
in Records. I'm
1272
01:36:50,757 --> 01:36:52,986
trying to track down
a Kaitlin Costello.
1273
01:36:53,070 --> 01:36:55,398
Laura? Laura, you got a cigarette?
1274
01:36:55,399 --> 01:36:56,657
Kaitlin Costello.
1275
01:36:56,740 --> 01:36:58,951
Yeah. That's right.
1276
01:36:59,034 --> 01:37:01,415
Well, she left about
four years ago,
1277
01:37:01,416 --> 01:37:03,538
and we're looking for her chart.
1278
01:37:03,622 --> 01:37:06,541
Kaitlin. Kaitlin Costello.
1279
01:37:07,668 --> 01:37:10,504
Laura, don't forget
the cigarettes, huh?
1280
01:37:34,778 --> 01:37:37,447
Hello. This is Ross
Williams calling.
1281
01:37:37,531 --> 01:37:39,992
Yes. I'm calling from California.
1282
01:37:40,075 --> 01:37:41,867
I'm sorry. I know it's very late
1283
01:37:41,868 --> 01:37:43,996
back East, but this
is an emergency.
1284
01:37:44,079 --> 01:37:46,868
I'd like to speak to
Kaitlin Costello, please.
1285
01:37:46,869 --> 01:37:48,917
There's nobody here by that name.
1286
01:37:49,001 --> 01:37:50,627
I see.
1287
01:37:51,670 --> 01:37:54,631
Well, our records must have
been mixed up, I guess.
1288
01:37:54,715 --> 01:37:57,843
Is this the family
of Kaitlin Costello?
1289
01:37:57,844 --> 01:37:59,928
You know what time it is?
1290
01:40:11,643 --> 01:40:14,187
- Hello?
- Hello.
1291
01:40:14,271 --> 01:40:18,567
I'm calling from, from The
Professional Nurse Quarterly.
1292
01:40:18,650 --> 01:40:19,882
From the magazine?
1293
01:40:19,883 --> 01:40:22,654
Yes. This is Mr Wallace
in Subscriptions.
1294
01:40:22,738 --> 01:40:26,199
Is this... Miss Costello?
1295
01:40:26,283 --> 01:40:28,785
- Yes... Price.
- Pardon?
1296
01:40:28,869 --> 01:40:30,412
Kaitlin Price.
1297
01:40:30,495 --> 01:40:33,248
Yes. We find that your
subscription has lapsed.
1298
01:40:33,332 --> 01:40:34,804
It lapsed three years ago.
1299
01:40:34,805 --> 01:40:36,960
That's why we're
calling, Miss Price.
1300
01:40:37,044 --> 01:40:38,795
Mrs.
1301
01:40:38,879 --> 01:40:42,382
We have a "renew your
subscription" offer.
1302
01:40:42,466 --> 01:40:44,468
We get the magazine at work.
1303
01:40:44,551 --> 01:40:46,584
Yes, I know. It's in
our files. Let me
1304
01:40:46,585 --> 01:40:48,722
see, that's the Manhattan
Health Centre.
1305
01:40:48,805 --> 01:40:52,184
No. At Chelsea Childcare, ok?
1306
01:40:52,267 --> 01:40:55,812
Look, call me Monday,
hey? I'm late for work.
1307
01:40:57,981 --> 01:41:02,194
Eastern Airlines 9am
air-shuttle for La Guardia...
1308
01:41:02,277 --> 01:41:05,197
now ready for boarding at gate 10.
1309
01:41:24,258 --> 01:41:27,261
Hello? Frank? Frank,
where are you?
1310
01:41:28,929 --> 01:41:31,306
You're going to New York?
1311
01:41:32,140 --> 01:41:34,935
Listen, I have to be in New
York about some business.
1312
01:41:35,018 --> 01:41:37,312
I have some papers to
sign about my divorce.
1313
01:41:37,396 --> 01:41:40,232
- Could we meet there?
- Laura, you got a cigarette?
1314
01:41:40,315 --> 01:41:42,859
Could we meet in New York, Frank?
1315
01:41:43,485 --> 01:41:45,070
Yeah.
1316
01:41:45,153 --> 01:41:49,324
Yeah. The Russell Hotel. On
38th Street, isn't it? Yeah.
1317
01:41:50,200 --> 01:41:52,995
Ok. At around four?
1318
01:41:56,957 --> 01:41:59,459
I feel the same way, Frank.
1319
01:42:01,753 --> 01:42:04,256
Yeah, I know.
1320
01:42:05,966 --> 01:42:08,510
Ok. I'll see you this afternoon.
1321
01:42:10,178 --> 01:42:12,264
Bye-bye.
1322
01:42:17,311 --> 01:42:19,605
Laura, I'm...
1323
01:42:19,688 --> 01:42:22,608
I'm gonna go out and
get some cigarettes.
1324
01:42:25,277 --> 01:42:27,738
Ok, ok, ok. One basketball.
1325
01:42:28,363 --> 01:42:30,782
One football, one
more basketball...
1326
01:42:30,866 --> 01:42:34,453
and Duanie gets a little ball.
1327
01:42:34,536 --> 01:42:37,289
What did you do with
your hand? Come here.
1328
01:42:37,372 --> 01:42:40,000
What did you do to your
hand? What did you do?
1329
01:42:40,083 --> 01:42:42,961
Hi. Let's see this.
1330
01:42:43,045 --> 01:42:46,256
I've been meaning to stop
in here for a long time.
1331
01:42:46,340 --> 01:42:51,011
- You live in the neighbourhood?
- My nephew's coming to visit.
1332
01:42:51,094 --> 01:42:53,597
- How old is he?
- He's four.
1333
01:42:58,518 --> 01:43:00,604
Let's see what we've got here.
1334
01:43:00,687 --> 01:43:03,982
- Let's see this.
- No. Don't take it off.
1335
01:43:04,066 --> 01:43:06,443
You're great with these kids.
1336
01:43:07,277 --> 01:43:09,529
Thank you.
1337
01:43:09,613 --> 01:43:12,115
No, I mean, you really are.
1338
01:43:15,243 --> 01:43:19,206
Oh, you're the... you're the
one they said was a nurse.
1339
01:43:21,041 --> 01:43:24,711
- Who told you that?
- I don't know. Mrs...
1340
01:43:25,045 --> 01:43:27,547
- Mrs Simmons?
- Yeah.
1341
01:43:29,007 --> 01:43:31,468
I used to be a nurse.
1342
01:43:32,094 --> 01:43:35,931
Well, it's a wonderful profession.
My daughter-in-law's a...
1343
01:43:36,014 --> 01:43:38,600
What'd you do? Did you stop?
1344
01:43:39,017 --> 01:43:40,894
Yes.
1345
01:43:41,144 --> 01:43:43,647
Why'd you do that?
1346
01:43:59,955 --> 01:44:02,541
Will you help me?
1347
01:44:15,345 --> 01:44:18,682
What's the matter? Are
you lost or something?
1348
01:44:18,765 --> 01:44:21,268
Frankie, we gotta talk.
1349
01:44:22,060 --> 01:44:26,023
Come on. There's a bar around the
corner. We'll get a cup of coffee.
1350
01:45:30,712 --> 01:45:33,215
Did you see that?
1351
01:45:34,049 --> 01:45:36,760
You all right, Miss?
1352
01:45:36,843 --> 01:45:39,263
- Are you ok?
- Yeah.
1353
01:45:40,097 --> 01:45:42,182
I'm all right.
1354
01:45:48,897 --> 01:45:51,441
- Leave him alone.
- Are you ok?
1355
01:45:53,527 --> 01:45:56,029
I'm all right. Thank you.
1356
01:46:17,634 --> 01:46:21,638
I talked to... Johnny White
at the Bar Association.
1357
01:46:24,391 --> 01:46:28,520
She used to work for one of
Concannon's partners in New York.
1358
01:46:28,604 --> 01:46:31,106
She wanted to come to Boston.
1359
01:46:32,816 --> 01:46:35,652
How bad did she hurt us?
1360
01:46:35,736 --> 01:46:38,030
I don't know.
1361
01:46:41,533 --> 01:46:43,910
We got a mistrial, you know.
1362
01:46:47,039 --> 01:46:49,541
Did you hear what I said, Frank?
1363
01:46:50,500 --> 01:46:53,003
I don't want a mistrial.
1364
01:47:19,196 --> 01:47:22,074
- Hello?
- Is Frank there?
1365
01:47:22,157 --> 01:47:25,702
- No. He's not here now.
- When are you expecting him?
1366
01:47:25,786 --> 01:47:28,288
I don't know when.
1367
01:47:43,637 --> 01:47:45,722
Doctor Towler.
1368
01:47:45,806 --> 01:47:50,644
Page 406. "Contraindications
of General Anaesthetic."
1369
01:47:50,727 --> 01:47:52,765
"A patient should
refrain from taking
1370
01:47:52,766 --> 01:47:54,481
nourishment up to nine hours...
1371
01:47:54,564 --> 01:47:58,235
prior to induction of general
anaesthetic." Sound familiar?
1372
01:47:58,318 --> 01:48:01,113
Yes. I wrote it.
1373
01:48:03,031 --> 01:48:06,493
Methodology and Practise
in Anaesthesiology.
1374
01:48:06,576 --> 01:48:09,288
A general textbook on the
subject, is that correct?
1375
01:48:09,371 --> 01:48:11,331
I...
1376
01:48:11,415 --> 01:48:13,500
Yes, it is.
1377
01:48:13,917 --> 01:48:16,086
- And you wrote it?
- Yes.
1378
01:48:17,713 --> 01:48:20,507
Page... 414.
1379
01:48:21,216 --> 01:48:23,151
"If the patient has
taken nourishment
1380
01:48:23,152 --> 01:48:25,137
within one hour prior
to inducement...
1381
01:48:25,220 --> 01:48:27,586
general anaesthetic
should be avoided
1382
01:48:27,587 --> 01:48:29,391
because of the grave risk...
1383
01:48:29,474 --> 01:48:33,895
the patient will aspirate food
particles into his mask."
1384
01:48:33,979 --> 01:48:36,205
Is that what happened
to Deborah Ann Kaye?
1385
01:48:36,206 --> 01:48:38,483
She aspirated food
particles into her mask?
1386
01:48:38,567 --> 01:48:41,528
She threw up in her mask, yes.
1387
01:48:41,612 --> 01:48:45,699
But she hadn't eaten one
hour before admission.
1388
01:48:45,782 --> 01:48:52,539
If she had eaten an hour before
being admitted to the hospital...
1389
01:48:52,623 --> 01:48:55,186
then the inducement of a general
1390
01:48:55,187 --> 01:48:58,629
anaesthetic would have
been... negligent?
1391
01:48:59,212 --> 01:49:01,300
Negligent? Yes, it would have been
1392
01:49:01,301 --> 01:49:03,634
criminal. But such
was not the case.
1393
01:49:06,762 --> 01:49:09,389
Thank you.
1394
01:49:09,464 --> 01:49:10,464
Mr Concannon?
1395
01:49:10,465 --> 01:49:12,976
No further questions, Your Honour.
1396
01:49:14,186 --> 01:49:16,188
Thank you, Dr Towler.
1397
01:49:16,271 --> 01:49:18,357
Mr Galvin, rebuttal?
1398
01:49:21,026 --> 01:49:26,323
Kaitlin Costello Price.
1399
01:49:52,975 --> 01:49:55,143
State your name, please.
1400
01:49:55,227 --> 01:49:57,229
Kaitlin Costello Price.
1401
01:49:57,312 --> 01:49:59,305
Do you swear the
evidence you give will
1402
01:49:59,306 --> 01:50:01,149
be the whole truth,
so help you God?
1403
01:50:01,233 --> 01:50:03,735
- I do.
- Be seated.
1404
01:50:06,947 --> 01:50:09,658
- Kaitlin Price.
- Yes.
1405
01:50:10,742 --> 01:50:13,685
You were the admitting
nurse at, St
1406
01:50:13,686 --> 01:50:16,873
Catherine Labouré on
May 12th, 1976...
1407
01:50:16,957 --> 01:50:20,294
the night that they
admitted Deborah Ann Kaye?
1408
01:50:20,377 --> 01:50:21,377
Yes.
1409
01:50:21,420 --> 01:50:24,631
Did you sign this...
admission form?
1410
01:50:29,219 --> 01:50:32,139
- Yes.
- Those are your initials, "KC?"
1411
01:50:32,222 --> 01:50:34,474
Kaitlin Costello.
1412
01:50:35,517 --> 01:50:38,520
That's my maiden name.
1413
01:50:40,314 --> 01:50:44,276
Did you ask the patient,
when did she last eat?
1414
01:50:46,194 --> 01:50:48,405
Yes.
1415
01:50:48,488 --> 01:50:50,574
What did she say?
1416
01:50:56,788 --> 01:50:59,291
She said she'd had a full meal...
1417
01:51:00,751 --> 01:51:03,295
one hour before coming
to the hospital.
1418
01:51:05,255 --> 01:51:07,758
- One hour?
- Yes.
1419
01:51:12,220 --> 01:51:16,808
And did you put the numeral
"one" on this admission sheet?
1420
01:51:16,892 --> 01:51:19,144
I mean, standing for "one hour?"
1421
01:51:19,227 --> 01:51:21,521
I did.
1422
01:51:21,605 --> 01:51:24,107
A single hour?
1423
01:51:26,401 --> 01:51:27,861
Yes.
1424
01:51:34,326 --> 01:51:36,745
Thank you.
1425
01:51:36,828 --> 01:51:39,331
Your witness.
1426
01:51:45,545 --> 01:51:47,839
Anything?
1427
01:52:12,447 --> 01:52:15,742
You're aware of the
penalties for perjury?
1428
01:52:16,785 --> 01:52:20,038
- It's a crime.
- It is a crime. A serious crime.
1429
01:52:20,289 --> 01:52:22,791
- I wouldn't do it.
- You would not?
1430
01:52:22,874 --> 01:52:24,334
No.
1431
01:52:24,418 --> 01:52:27,754
You've taken an oath that you
would not commit perjury.
1432
01:52:27,838 --> 01:52:30,027
You've just sworn to
that, isn't that right?
1433
01:52:30,028 --> 01:52:31,057
Yes.
1434
01:52:31,058 --> 01:52:33,260
- Just now.
- Yes.
1435
01:52:34,094 --> 01:52:38,724
You have sworn before God that
you would tell the truth.
1436
01:52:40,767 --> 01:52:41,767
Yes.
1437
01:52:41,768 --> 01:52:45,606
Now... I want to
ask you something.
1438
01:52:47,107 --> 01:52:49,943
Four years ago, when you
were working as a nurse...
1439
01:52:50,027 --> 01:52:53,780
are you aware that these
doctors, Marx and Towler...
1440
01:52:53,864 --> 01:52:58,201
based their treatment of Deborah
Ann Kaye on this admitting form...
1441
01:52:58,285 --> 01:53:00,704
which you signed?
1442
01:53:02,789 --> 01:53:03,789
I...
1443
01:53:03,790 --> 01:53:07,878
Wasn't that an oath? These
are your initials, "KC."
1444
01:53:07,961 --> 01:53:10,422
When you signed this form,
you took an oath...
1445
01:53:10,505 --> 01:53:14,551
no less important than that
which you've taken today.
1446
01:53:14,635 --> 01:53:17,137
Isn't that right?
1447
01:53:19,181 --> 01:53:21,808
- Isn't that right?
- Yes.
1448
01:53:23,101 --> 01:53:25,479
Then which is correct?
1449
01:53:25,562 --> 01:53:27,836
You've sworn today
that the patient
1450
01:53:27,837 --> 01:53:29,858
ate one hour before admittance.
1451
01:53:29,942 --> 01:53:34,446
Four years ago you swore that she
ate nine hours before admittance.
1452
01:53:35,489 --> 01:53:37,991
All right, which is the lie?
1453
01:53:38,639 --> 01:53:39,639
I...
1454
01:53:39,640 --> 01:53:41,703
These men could have
settled out of court.
1455
01:53:41,787 --> 01:53:44,456
They wanted a trial
to clear their names.
1456
01:53:44,539 --> 01:53:47,059
And you would come
here, and on a slip of
1457
01:53:47,060 --> 01:53:49,878
memory four years ago,
you'd ruin their lives.
1458
01:53:49,962 --> 01:53:53,674
- They lied.
- They lied? They lied.
1459
01:53:53,757 --> 01:53:56,385
When did they lie?
1460
01:53:56,468 --> 01:53:58,720
- Do you know what a lie is?
- I do, yes.
1461
01:53:58,804 --> 01:54:01,974
You swore on this form that
the patient ate nine hours...
1462
01:54:02,057 --> 01:54:03,421
That's not what I wrote.
1463
01:54:03,422 --> 01:54:05,519
You just told me
that you signed it.
1464
01:54:05,602 --> 01:54:08,855
I... Yes, I... yes,
I signed it, yes.
1465
01:54:10,315 --> 01:54:12,818
But I didn't write a nine.
1466
01:54:14,403 --> 01:54:16,905
I wrote a one.
1467
01:54:18,532 --> 01:54:21,952
You didn't write a nine,
you... wrote a one.
1468
01:54:22,744 --> 01:54:26,373
And how is it that you remember
so clearly after four years?
1469
01:54:28,625 --> 01:54:31,378
Because I kept a copy.
1470
01:54:31,837 --> 01:54:34,423
- I have it right here.
- Objection.
1471
01:54:35,048 --> 01:54:38,427
We can't accept a copy when the
court already has the original.
1472
01:54:38,510 --> 01:54:41,221
I'll rule on that presently.
1473
01:54:42,973 --> 01:54:45,267
Please, proceed.
1474
01:54:49,813 --> 01:54:52,533
What in the world
induced you to make
1475
01:54:52,534 --> 01:54:55,110
a photocopy of an
obscure record...
1476
01:54:55,193 --> 01:54:57,613
and hold it for four years?
1477
01:54:59,948 --> 01:55:02,284
Your Honour, this...
1478
01:55:08,290 --> 01:55:10,626
Why would you do that?
1479
01:55:15,380 --> 01:55:19,343
- I thought I might need it.
- And why would you think that?
1480
01:55:27,434 --> 01:55:29,728
After...
1481
01:55:30,854 --> 01:55:33,148
after the operation...
1482
01:55:34,608 --> 01:55:38,904
when that poor girl, she went into
a coma, Dr Towler called me in.
1483
01:55:41,031 --> 01:55:43,283
He told me...
1484
01:55:44,326 --> 01:55:48,205
that he'd had five difficult
deliveries in a row...
1485
01:55:49,539 --> 01:55:51,959
and he was tired.
1486
01:55:54,294 --> 01:55:57,422
And he never looked at
the admittance form.
1487
01:55:59,925 --> 01:56:02,636
And he told me to change the form.
1488
01:56:05,097 --> 01:56:07,724
He told me to change the one...
1489
01:56:08,350 --> 01:56:10,769
to a nine.
1490
01:56:12,020 --> 01:56:15,425
Or else... or else, he
said... He said he'd
1491
01:56:15,426 --> 01:56:18,443
fire me. He said I'd
never work again.
1492
01:56:18,527 --> 01:56:20,654
Who were these men?
1493
01:56:20,737 --> 01:56:23,865
Who were these men? I
wanted to be a nurse.
1494
01:56:33,041 --> 01:56:35,627
No further questions, Your Honour.
1495
01:56:37,045 --> 01:56:39,548
You may step down.
1496
01:56:50,642 --> 01:56:52,728
Mr Galvin?
1497
01:56:55,022 --> 01:56:57,482
Nothing further, Your Honour.
1498
01:56:57,566 --> 01:56:59,860
Mr Concannon?
1499
01:57:02,237 --> 01:57:03,655
Mr Concannon.
1500
01:57:06,825 --> 01:57:08,716
Thank you, Your
Honour. We object to
1501
01:57:08,717 --> 01:57:10,454
the copy of the admitting form...
1502
01:57:10,537 --> 01:57:16,251
and we cite McGee versus the State
of Indiana, United States 131.2.
1503
01:57:16,668 --> 01:57:18,701
"The admission of a
duplicate document
1504
01:57:18,702 --> 01:57:20,839
in preference to an
existing original...
1505
01:57:20,923 --> 01:57:23,529
must presuppose the possibility of
1506
01:57:23,530 --> 01:57:26,595
alteration and so
must be disallowed."
1507
01:57:27,804 --> 01:57:32,476
And, Your Honour, having given
the plaintiff the leeway...
1508
01:57:32,559 --> 01:57:35,687
we would like your ruling
on this issue now.
1509
01:57:36,188 --> 01:57:39,566
We object to the admission
of a Xerox photocopy.
1510
01:57:42,569 --> 01:57:45,072
One moment, Mr Concannon.
1511
01:57:49,743 --> 01:57:52,079
Yes. The document is disallowed.
1512
01:57:52,162 --> 01:57:53,872
- Objection.
- Overruled.
1513
01:57:53,956 --> 01:57:55,958
- Exception.
- Noted. Thank you.
1514
01:57:58,043 --> 01:58:00,420
Legally, he's right.
1515
01:58:01,421 --> 01:58:04,455
The jury will not
consider the testimony
1516
01:58:04,456 --> 01:58:07,636
of Miss Costello regarding
the Xerox form.
1517
01:58:07,719 --> 01:58:09,930
It is unsubstantiated.
1518
01:58:10,597 --> 01:58:14,601
We cannot accept a copy in
preference to the original.
1519
01:58:15,060 --> 01:58:17,229
Thank you, Your
Honour. Furthermore,
1520
01:58:17,230 --> 01:58:19,398
Miss Costello is a
rebuttal witness.
1521
01:58:19,481 --> 01:58:21,778
As the court knows,
no prior notice was
1522
01:58:21,779 --> 01:58:23,902
given of Miss
Costello's appearance.
1523
01:58:23,986 --> 01:58:26,064
And as a surprise witness, she may
1524
01:58:26,065 --> 01:58:28,448
serve only to rebut
direct testimony.
1525
01:58:29,199 --> 01:58:31,721
As her only evidentiary
rebuttal is the
1526
01:58:31,722 --> 01:58:34,496
admitting form which
has been disallowed...
1527
01:58:34,579 --> 01:58:37,874
I request that her entire
testimony be disallowed...
1528
01:58:38,375 --> 01:58:41,220
and that the jury be
advised to totally
1529
01:58:41,221 --> 01:58:43,922
disregard her entire
appearance here.
1530
01:58:44,965 --> 01:58:47,634
- Yes, I'm going to uphold that.
- Objection.
1531
01:58:48,051 --> 01:58:50,596
- Overruled.
- Exception.
1532
01:58:50,762 --> 01:58:53,265
Noted. Thank you.
1533
01:58:54,016 --> 01:58:56,405
The jury will be advised
not to consider
1534
01:58:56,406 --> 01:58:58,270
the testimony of Miss Costello.
1535
01:58:58,645 --> 01:59:01,481
Miss Costello was a
rebuttal witness.
1536
01:59:01,565 --> 01:59:03,782
The sole rebuttal
was the document,
1537
01:59:03,783 --> 01:59:05,444
which has been disallowed.
1538
01:59:06,278 --> 01:59:10,574
Her entire testimony must be
stricken from the record.
1539
01:59:10,657 --> 01:59:13,493
You shouldn't have heard
it. That was my mistake.
1540
01:59:13,577 --> 01:59:16,830
You must strike it from your
minds. Give it no weight.
1541
01:59:21,585 --> 01:59:23,962
Legally, it's over.
1542
01:59:25,005 --> 01:59:27,341
Concannon was brilliant.
1543
01:59:27,966 --> 01:59:30,510
Tell me about Kaitlin Costello.
1544
01:59:30,594 --> 01:59:34,181
There's nothing to tell. It's
been stricken from the record.
1545
01:59:34,556 --> 01:59:37,267
I know. But did you believe her?
1546
01:59:53,033 --> 01:59:55,118
Mr Galvin?
1547
01:59:59,081 --> 02:00:01,792
Mr Galvin? Summation?
1548
02:00:21,687 --> 02:00:23,814
Well...
1549
02:00:24,648 --> 02:00:27,859
You know, so much of the
time, we're just lost.
1550
02:00:30,362 --> 02:00:32,739
We say "Please, God...
1551
02:00:33,365 --> 02:00:36,493
tell us what is right,
tell us what is true."
1552
02:00:39,538 --> 02:00:42,040
I mean, there is no justice.
1553
02:00:43,750 --> 02:00:46,461
The rich win, the
poor are powerless.
1554
02:00:52,050 --> 02:00:56,930
We become... tired of
hearing people lie.
1555
02:00:59,766 --> 02:01:02,477
And after a time we become dead.
1556
02:01:05,188 --> 02:01:08,108
A little dead. We
think of ourselves...
1557
02:01:10,485 --> 02:01:12,821
as victims.
1558
02:01:13,864 --> 02:01:16,366
And we become victims.
1559
02:01:19,077 --> 02:01:21,413
We become...
1560
02:01:23,915 --> 02:01:26,251
we become weak.
1561
02:01:28,337 --> 02:01:31,298
We doubt ourselves,
we doubt our beliefs.
1562
02:01:33,592 --> 02:01:36,094
We doubt our institutions.
1563
02:01:39,348 --> 02:01:41,892
And we doubt the law.
1564
02:01:41,975 --> 02:01:44,478
But today you are the law.
1565
02:01:48,398 --> 02:01:50,901
You are the law.
1566
02:01:55,155 --> 02:01:58,158
Not some book, not the lawyers.
1567
02:02:01,578 --> 02:02:04,081
Not a marble statue...
1568
02:02:05,540 --> 02:02:08,043
or the trappings of the court.
1569
02:02:10,671 --> 02:02:13,131
See, those are just symbols...
1570
02:02:13,966 --> 02:02:16,260
of our desire...
1571
02:02:17,511 --> 02:02:19,805
to be just.
1572
02:02:23,350 --> 02:02:25,894
They are...
1573
02:02:25,978 --> 02:02:28,522
they are, in fact, a prayer.
1574
02:02:30,399 --> 02:02:33,318
I mean, a fervent and
a frightened prayer.
1575
02:02:38,699 --> 02:02:41,118
In my religion...
1576
02:02:42,369 --> 02:02:45,080
they say "Act as
if ye had faith...
1577
02:02:47,416 --> 02:02:50,002
and faith will be given to you."
1578
02:02:53,005 --> 02:02:55,299
If...
1579
02:02:58,927 --> 02:03:02,055
if we are to have
faith in justice...
1580
02:03:04,766 --> 02:03:07,894
we need only to believe
in ourselves...
1581
02:03:09,855 --> 02:03:12,399
and act with justice.
1582
02:03:14,484 --> 02:03:17,613
See, I believe there is
justice in our hearts.
1583
02:04:06,787 --> 02:04:09,790
Have you reached a verdict?
1584
02:04:09,873 --> 02:04:11,917
We have, Your Honour.
1585
02:04:12,000 --> 02:04:14,475
Your Honour, we've
agreed to hold for
1586
02:04:14,476 --> 02:04:16,755
the plaintiff, Deborah Ann Kaye...
1587
02:04:16,838 --> 02:04:22,094
and against St Catherine Labouré,
and Doctors Towler and Marx.
1588
02:04:22,678 --> 02:04:26,265
But, Your Honour, are we limited
on the size of the award?
1589
02:04:26,348 --> 02:04:27,891
What I mean, sir...
1590
02:04:27,975 --> 02:04:30,933
Are we permitted to
award an amount greater
1591
02:04:30,934 --> 02:04:33,689
than the amount the
plaintiff asked for?
1592
02:04:37,401 --> 02:04:39,695
You are.
1593
02:04:40,112 --> 02:04:42,713
You're not bound by
anything other than
1594
02:04:42,714 --> 02:04:45,575
your good judgement,
based on the evidence.
1595
02:04:46,201 --> 02:04:48,060
Please retire, and when you've
1596
02:04:48,061 --> 02:04:50,414
agreed on the amount
of the award...
1597
02:04:54,543 --> 02:04:57,045
You did it, Frank.
1598
02:05:00,132 --> 02:05:02,634
Way to go, Frank.121227
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