All language subtitles for Law and order S20E05 - Dignity

In the criminal justice system

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

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

Morning.

Morning, Jess.

Looks like somebody's
ready for a nap.

Yeah. If I'm lucky.

The more tired she is,
the more she fights it.

Excuse me.

Peace be with you.

Let us pray.

Dear Father,

we gather together,
one family,

in the presence
of your love.

We ask you to
open our hearts
and our minds

so that
we may be at peace.

We ask you to
grant us courage,

so that we may
stand up to adversity

and seek out
justice and truth.

We ask you to delight in
our laughter in times...

Dr. Walter Benning,
shot once, back of
the head,

during opening prayers.

Anyone not have
their head bowed?

Parishioner on
a cigarette break
saw a white male

run out of the church,
drive away
in a dark blue sedan.

Oh, thank heaven
for smokers.

One 9mm
shell casing there,
no sign of any weapon.

Except for the one
that the doctor's packing.

He's also wearing
a bullet proof vest.

A lot of precaution for
Sunday service.

Doc has
reason to be careful,
he's taken a bullet before.

It has to be said.

Can I get a witness?

One person was facing the
congregation during prayers.

No. I'm sorry.
My eyes were closed.

And when I heard the shot,
I hit the floor.

I don't have
Dr. Benning's courage.

What courage is that?

Dr. Benning was
an abortion provider,

specialized in
the toughest cases,

third trimester.

He was one of the few
willing to risk his
own safety.

A lot of Christians would
consider what he did murder.

Any of your members
believe in an eye
for an eye?

Our church
advocates tolerance.

Benning's been
coming to services here

without incident,
for the last 10 years.

A devout abortionist.

Walter Benning believed
he was doing the Lord's work.

Prayed to
the same God
as the rest of us.

He should have prayed
a little louder.

I begged Walter to
stop the abortions,

but he was stubborn.

Where was his practice?

He had an office in Manhattan.

But he did the abortions
at his clinic in Riverdale.

That's where they
shot him last year.

Did they catch
the assailant?

A pro-lifer.
She's in prison upstate.

Now one of those
zealots came back
to finish the job.

Hi, Mrs. Benning,
I'm Lieutenant Van Buren.

I'm very sorry
about your husband.

You have my assurance

we'll do everything
to find his murderer.

These people,
they call themselves godly,

shooting a man
while he prays.

I'm sorry.
I have to make
the arrangements.

We are talking about
the usual suspects
here, right?

The only suspects,
according to the wife.

Well, check
with Benning's staff,

maybe our shooter
tipped his hand.

Chemo must be
a real picnic.

- God loves children!
- God loves children!

The merchants complained
the protestors were hogging
the parking spaces.

The landlord hired us to
enforce the two hour
parking limit.

You're out here all day.
You hear things?

Any of
these pro-lifers
make violent threats?

Maybe flash a gun?

Not this bunch.

Mission for Life,
they just do a lot
of griping and chanting.

The security cameras,
who owns them?

Landlord put them up
on the cheap, mostly
for show.

Thanks.
Mmm.

Mission for Life are fanatics,
but they had
a grudging respect for Walter.

Didn't one of them
try to kill him
last year?

In the parking lot, but she
wasn't with Mission for Life.

If you can believe it,
those fanatics held
the shooter

until the police came.

I can believe it.

What kind of threats
had Dr. Benning been
attracting lately?

Attracting?
You make it sound like
he was doing it on purpose.

I don't think that's
what my partner
was saying.

He was providing
late-term abortions.

That's a lightning rod
for trouble.

Detective, New York state law
allows for abortions after
24 weeks

if the life of
the mother is at risk.

Yes, I know the law.

Are you saying that every
abortion here was because

a mother's life
was in danger?

I'm saying
ending a pregnancy
in the third trimester

is an agonizing decision.

Our patients had
prenatal diagnoses
of genetic disorders,

fetuses developing
without organs.

Most of our patients
wanted a baby.

The others are girls,
10, 11, rape and
incest victims.

I am proud
to work here.

And now, unless
we can find another doctor
who's brave enough to step up,

we'll have to close.

Who's Jonah Leland?

All the messages in here
are from doctors or women,

except this guy,

called half a dozen times
last week asking for
Dr. Benning.

His girlfriend's scheduled
to come from Pennsylvania
tomorrow

for a procedure.

Okay. What did he want?

I don't know.
He only wanted to
talk to Dr. Benning.

He sounded angry.

It's important you
don't get discouraged.

Every patient responds
to chemo differently.

I'm a big girl.

Let's cut
to the chase.

After a course of Cisplatin,

there's no appreciable
shrinkage of the tumor.

Okay.

So we try
something stronger?

There are other drugs
we can try.

The side effects
may be worse.

The nausea I can handle.
Dying not so much.

So bring it on, Doctor.
Whatever it takes.

No way. I never
called Dr. Benning.

Blair would have been
mad at me.

Blair,
your girlfriend?

Ex. She broke up
with me.

Before or
after she decided
to have an abortion?

It was
her decision.
I was supportive.

You a born again
Christian, Jonah?

Yeah. Mostly.

Except for the sex
before marriage part?

I'm against murder.

So you're pro-life, but
you support Blair's decision

to have an abortion?

There was something
wrong with the baby.

I couldn't deal.
I don't even have insurance.

A genetic abnormality?

Something I never even
heard of, Blair told me.

It went right out
of my head.

When you told her
you couldn't deal,

is that
when she decided
to have an abortion?

Yeah.
Look, I got to
get back to work.

My boss is
looking at me funny.

Look, forget
the abortion debate.

You should need a permit
to have kids.

In your world,
a kid hardly has
a chance to be born.

You know what?
About that,

not to step on your
freedom of speech
or anything,

but we're not here to
get into arguments
with witnesses.

I don't know, Lupes,

that nurse
at the clinic
basically admitted

that Benning
was performing
illegal abortions.

Oh, that's
not the crime
we're investigating.

And if you think forcing
an 11-year-old rape victim

to give birth is okay,
then you and I got
nothing to talk about.

You got it
backwards, man.

The horrible thing
is the rape,

not the bringing of
a life into the world.

All I know is an unwanted
child's already got two
strikes against it.

That unwanted child
could change the world,
cure cancer, be president.

Yeah. Or put his
finger on the button
and blow up the world.

It's not for us to decide.

I was born
two months premature.

My mother was unmarried,
poor, seven months pregnant.

She panicked,
threw herself down
a flight of stairs.

So I almost had
another partner.

That's all I'm saying.

My baby's
going to have
fragile skin disease.

It's going to need
round the clock
medical care.

And when I told Jonah,
he freaked.

So you scheduled
an appointment with Benning.

Dr. Benning said
he'd help me.

He said the baby
wouldn't suffer.

And Jonah was okay
with that decision?

Jonah's selfish.

There's no way
he could handle
a sick baby.

Must have been
a tough decision.

You already bought
baby stuff.

My father bought
a crib because he...

He really wanted
a grandson.

How did he feel
about the abortion?

A couple of months ago,
when I showed him the
sonogram picture,

he started crying.

I can't have this baby.

Who's going
to help me now?

Blair's baby
was diagnosed with
Ehlers-Danlos syndrome.

The skin is so delicate,
the slightest touch
causes tearing.

It can be fatal
without constant
medical care.

But you were
willing to take on
that responsibility?

That's a big commitment.

Yeah.
I told Blair I'd work
three jobs if I had to.

We'd find the money.

Your daughter told us
she didn't want the baby.

She should have made
the decision earlier.
She's 28 weeks.

That's not a fetus,
that's a child.

And did you try to
talk to Dr. Benning?

He got calls from someone
claiming to be the
baby's father.

I thought he'd be more likely
to talk to me if I had
parental rights.

But when he did
take your calls,

what did you do,
Mr. Morton?

Did you go
to his clinic?
No.

Maybe you found out
where he lived.

Maybe you followed him
to church.

Look, I went
for a long walk.

Things have
been tense at home.

Blair getting pregnant,
it's my fault.

Ever since
her mother died,
I've let her run wild.

I wanted to
take responsibility,
but not with a gun.

Professor Morton?

Excuse me.

I wonder if his long walk
included a drive into
Manhattan.

Well, let's check
the faculty parking.

His car has an E-ZPass,
we'll get a quick answer.

Witness said the shooter
drove away in blue sedan.
This is close enough.

No E-ZPass.

Hey. Check it out.

Blue chalk.

His car got chalked
at the clinic parking lot.

That's one security guard
who just earned his
minimum wage.

Mmm.

This is ridiculous.

I'm not a killer.
I'm a science teacher.

You know what?
You're going to have to
do better than that, Kevin,

because we already
caught you in one lie.

Look, I wanted to talk
to Benning, reason with him.

I went to
the clinic Saturday,

but they wouldn't
buzz me in,

so I thought
I'd wait for him,

but, I mean, there were
all these crazies, so
I just went home.

You were scared off
by one of the crazies?

One of them followed me
to my car,

thought I was
an abortion doctor.

I told him,
"No, I'm trying to
prevent an abortion."

Told him my daughter was
scheduled for Monday and...

And then
he told me that...

What is it?
What did he tell you?

I'm done talking.

Hey, this guy,
you think he's the one?

You probably think
the guy that you talked to
saved your grandson's life.

Yeah, he may have,
but he's also a killer,

and there's no reason
to think that
he won't kill again.

So what did he tell you?

He told me not to worry,

that my grandson
would be fine.

We need you to
look at some videotape.

The people
inside the clinic say

he's been outside
every day with your group.

Every day
except the Monday
after Benning was shot.

He's not affiliated
with Mission for Life.
We're against violence.

We encouraged Dr. Benning's
patients to get sonograms,

so they can
see their baby's face,
their tiny fingernails.

We change more minds
with love than threats.

We want to catch
this shooter as much
as you do, Detectives.

I'm Roger Jenkins,
executive legal adviser
for my headquarters in Topeka.

You're here
for damage control.

Murdered abortion doctors
do not help our cause.

I've been doing
the talk show circuits,

asking whoever it is
to turn himself in.

You wouldn't have to
work so hard

if your people tell us
who this is.

It's a public space.

We can't dictate
who comes and goes.

Disclaimer noted.

Now.

Wayne.

He bragged about
getting arrested

for breaking into
a nuclear power plant
in Buchanan.

Wayne always cared more
about strangers than
his own family.

Are you still
in contact with him?

By e-mail.

Will?

He took
our son out for dinner
and a movie Saturday night.

Olive Garden, big splurge.

We need to talk
to your dad, Will.

Do you know how to
get a hold of him?

He won't even tell me
where he lives.

Saturday night, was that
a special occasion?

He said
he wanted me to
know that he loved me,

no matter
what happened.

What did he mean by that?

You're cops.
Figure it out.

What's this about?

It would be a lot better
for Wayne

if we straighten
these things out
in person.

Will broke his leg
a year ago.

I e-mailed Wayne.

He came
to the hospital
in less than an hour.

It's been over two hours.

I guess
Wayne Grogan's not up
for Father of the Year.

He's off the grid.

No phone,
no credit card.

Hey.

Detectives. I'm here
on behalf of Wayne Grogan.

Where is he?

I'm not at liberty to say,
not until I speak to
the D.A.

After we arrest you
for harboring a fugitive.

I'm acting
as his attorney.

I'm here to
negotiate terms
for his surrender.

The D.A. S think
that Jenkins is
stalling for time

until he can
get to Grogan.

He's probably
trying to turn him into
a poster boy for the cause.

What I'd like to know is

who tipped Jenkins about
the trap at the hospital?

Not Grogan's ex-wife.
No love lost there.

There's still plenty of love
between Grogan and his son.

You hacked into
my account

and found the e-mail
that I sent your dad?

Not like it's
the first time.

You warned
Roger Jenkins?

How did you know
to contact him?

Saw him on TV.

I see you care
about the environment.

You get that
from your dad?

This you and him
on a vacation?

Will lived with Wayne
last summer.

Who's the pretty lady?
That his girlfriend?

She cared about stuff
that's important.

What's her name?

You know, my dad said,
"Never trust authority."

No argument here.

You see, sooner or later
your father is going to
get caught,

if not by us,
then by other cops.

Cops who might
like to shoot first.

I haven't seen Wayne
for a year.

Last I knew he went back to
New Jersey to be closer
to his son.

You haven't been
in touch?

Not exactly on
Facebook up here.

I see you don't have any
power lines running
out here.

You're off the grid.

I prefer
a simple life.

I eat what I grow,
I sleep when it's dark.

Well, I guess, if you
don't like technology,

then this isn't
your computer.

The battery's low.

Wayne, open the door.
It's the police.

Go! Go!

An energy saving tip, Wayne,
don't run from the police.

I got him!

Ten years
on manslaughter.

We're talking about
a man cast adrift
by an ugly divorce,

who found connection
with the pro-life movement,

who was seduced
by its rhetoric.

Who drifted into a church
and pumped a bullet into
a man's skull.

No deal, Mr. Jenkins.

That's what I told you, Wayne.

They're not interested
in justice.

You know what
you have to do now.

It's time for brave men
to take a stand,
my friend.

Benning was
killing babies.

Somebody had to stop him.

Somebody?
Meaning you?

That's right.

You're confessing
to the murder?

We're asserting justification
as an affirmative defense.

Wayne killed Benning in
defense of other persons.

Innocent little souls,

they need
somebody to protect
them from monsters like him.

Abortion protestors
have been trying
for years,

to hide behind
a claim of justification
to absolve their illegal acts

against clinics
doing late-term
abortions.

But court after court
has held

that an unborn fetus is
not a person in jeopardy.

My client wasn't
attempting to prevent
all of these abortions.

He was protecting
a specific person
from imminent harm.

Who was that?

The unborn
son of Blair Morton,
a 28-week-old viable baby.

The pregnancy was
scheduled to be
terminated

because the child
was diagnosed with
Ehlers-Danlos syndrome.

Tell me more
about this syndrome.

It's caused by a defect
in the protein of the skin.

A person with this disorder
has extremely fragile skin,

prone to cuts,
blisters, infections.

It's a survivable condition?

Absolutely.
Blair's child has
a normal life expectancy.

He was days away from
being aborted by
Dr. Benning,

simply because
he was unhealthy.

And Mr. Grogan knew
this before he acted?

I'll submit an offer
of proof to that effect.

In that case,
I'll deny the
People's motion.

You may present

a justification
defense, Mr. Jenkins.

Judge,
this is unprecedented.

You're opening
Pandora's box here.

It sounds like
the defendant acted in
an exceptional situation.

I'm sorry, Mr. Cutter,
but this will go to
a jury.

We didn't want this
trial to be about abortion,

and now
we have no choice.

Not only that, the judge
is letting Jenkins

hitch his defense
to a sick baby.

Referring to this fetus
as a baby isn't going
to help matters.

An unborn child is
a life and a soul
to me.

I can revert to
PC in the courtroom
because it's my job,

but I'm not going to
do it in my own office.

You're in my office,
and we're not debating
the abortion issue.

Well,
the jurors will be.

And it's time
to face the facts,
the tide has turned.

Most Americans
are pro-life now.

Most Americans
don't live in
New York.

I doubt we'll draw an
anti-choice jury here.

You might be surprised.

My daughter was pro-choice
until she taped a sonogram

of my
grandchild-to-be
on her refrigerator.

Now...

The crux
of Grogan's case
is that he was aware

of Blair Morton's
planned abortion, right?

Right.

Her father
did speak to Grogan
a few days before the murder.

Then we need to show that
Grogan formed the intent
to kill Dr. Benning

before he ever
heard of the Mortons.

He was always louder
than the other protestors.

Angrier.

Did he ever
threaten Dr. Benning?

I didn't hear it.

And Dr. Benning wouldn't have
said anything to us if he had.

We already had one nurse quit
a few months ago because of
the threats.

From Grogan?

Dr. Benning didn't say.

She just stopped showing up
to work one day.

I was sorry to
read about Dr. Benning.

He didn't deserve it.

I was told you quit because
of threats you got from
protestors.

Who told you that?

So it's not true?

It doesn't matter now.

You left a late-term
abortion clinic

to work in
a neonatal care unit.

Something must have
changed your world view.

A woman
in her seventh month
came in for an abortion.

She'd found out that her baby
had genetic markers for
anencephaly.

The sonogram confirmed that
a large part of the fetus's
brain wasn't developing.

During the abortion,
something went wrong.

The baby was
delivered alive.

Dr. Benning
asked the woman

if she wanted him to
complete the procedure.

Complete the procedure?
You mean, terminate
the baby?

Yes.
The woman told
Dr. Benning yes.

She said,
"Finish it."

And he did.

After that I couldn't
go back to work there.

I'm going to need
the name of that patient.

Ms. Howell?

I'm Connie Rubirosa with
the New York District
Attorney's office.

Do you mind
if I come in?

What's this about?

I'm working on the
prosecution of the man
who killed Dr. Benning.

I understand you were
one of his patients.

Where did you hear that?

That information
is confidential.

I know this is
a very personal matter.

I just need to ask a few...

You can't be serious.

That's the hardest thing
that I ever went through
in my whole life.

I understand completely.
I just need to confirm
certain facts.

What facts?

You have
no business prying
into my medical history.

How dare you?

Just leave me alone.

Judging by my reception,
the nurse's story seems
to be on the money.

So Dr. Benning murdered
a newborn infant?

We have
to report it
to the Bronx D.A.

Dr. Benning's dead.

It can wait
till after the trial.

At the very least,
it's Brady material.

We're required to
turn it over to
the Defense.

Why? It's not relevant
to our trial.

Dr. Benning
killed a human being.

Didn't Grogan shoot him
to prevent him from
doing just that?

It's not exculpatory.

Grogan didn't know any of this
when he executed Benning.

And if Jenkins
gets his hands on this,

he'll find a way
to exploit it and
prejudice the jury.

So you
both best pretend
you never heard it.

I went to Benning's clinic
to ask him not to
give my daughter an abortion.

He wouldn't even
let me in the front door.

What happened
after you left?

When I went back to my car,
this man followed me,
Mr. Grogan.

He asked me if
I was with someone
getting an abortion.

I told him I was trying
to keep my daughter
from having one.

How did
Mr. Grogan react?

When I told him
about my grandson,

he got red in the face,
red with anger.

He told me my grandson
would be okay.

And what did you
take that to mean?

That somehow the abortion
wouldn't take place.

Thank you.

What did you tell Wayne
about your grandson's
medical problems?

I told him he had a very
serious skin condition,

but that with
love and care,

he had a chance
to live a happy life.

Mr. Morton, are you
against all abortions?

I think a woman has a right

to decide
what happens
with her own body,

but I teach science
and the facts told me
that Blair's baby was viable,

that he had
a chance at life.

It wasn't just about
Blair anymore.

And what's happened
with Blair's pregnancy?

Well, she's due any day now.

That's terrific news.
Thank you.

As a board certified

I conducted peer reviews
of Dr. Benning's practice.

In my opinion,

Walter Benning was a caring
and heroic physician.

Did you review
Dr. Benning's file

on Blair Morton
and her unborn child?

Yes.
Regrettably I concluded
that child is doomed to

a life of suffering
that will require
round the clock care.

So, in your
expert opinion,

was it reasonable
for Dr. Benning to abort
Blair Morton's unborn child?

Not only
was it reasonable,

it was the only
responsible medical choice.

Thank you.

A fetus is viable
outside the womb as early
as 22 weeks, right, Doctor?

With state-of-the-art
neonatal technology, yes.

Two weeks less than
the period during which

New York state allows
abortion on demand.

Would you agree that the law
hasn't kept up with
medical science?

I don't
play that line
in the sand game.

The right to choice
is absolute.

Absolute?

You would
allow abortions up to
the very moment of birth?

In cases of
medical necessity? Yes.

The decision
should involve only
the mother and her doctor.

You don't believe
society has an interest
in protecting life?

Life as defined by whom?

Crackpots like your client?

So, even though
Blair Morton's son was viable,

even though science
might provide effective
treatment for Ehlers-Danlos,

even a cure during
the child's lifetime,

you would have
ended his life?

I don't indulge in
pie in the sky thinking.

As of today, the life
that child will experience

is compromised
and without dignity.

Dignity?
As defined by you?

Would you volunteer to abort
Blair Morton's baby even now?

If she asked me,
yes, I would.

Threats and intimidation

won't keep us from
providing abortions

to the women
who want them.

What if the law says
you can't?

Even if politicians bow to
the hypocrites and fools,
it won't stop us.

Hypocrites and fools.

Thank you, Doctor.

So now we know there
are fanatics in
both camps.

Jenkins is betting
he can sway enough
jurors

with the motion
to force a deadlock.

If not
an outright acquittal.

Who's the first
Defense witness?

Lisa Barnett.
Her child was diagnosed
with a genetic disorder,

but she chose
against an abortion.

And how is
that relevant?

A defendant who
asserts justification

must prove he was
acting reasonably.

A few weeks before
shooting Dr. Benning,

my client saw
Mrs. Barnett
on a talk show

discussing the birth
of her daughter.

What he heard influenced
his state of mind.

This is just another
attempt by Mr. Jenkins
to prejudice the jury

against Dr. Benning
and his lawful work.

I'll allow the testimony,

but if
I hear any nonsense,
Mr. Jenkins, I'll stop it.

Step back.

What did
your doctor tell you about
your pregnancy, Mrs. Barnett?

I was in my
sixth month.

He told me my baby
had a genetic defect

called Meckel-Gruber disease.

She'd be born
with a soft skull
and undeveloped organs.

My doctor
told me her condition
was incompatible with life.

He recommended
I have a late-term abortion.

And did you?
No.

I discussed it
with my family,

but I decided against it.

I knew
my baby would die
soon after her birth,

but I wanted her death
to be natural.

I wanted her to
die with dignity.

And what happened, Lisa?

My beautiful daughter
Amanda was born on May 5th.

I never experienced
such a sense of happiness
when they put her in my arms.

She had blue eyes,
curly brown hair.

She wasn't a monster,
like the doctors warned me.

Amanda looked just like
a normal baby.

I show you defendant's
exhibit "D."

That's me holding Amanda
with my husband and my family.

And what
happened to Amanda?

Later that night,
one of the nurses woke me.

She said it might be
Amanda's time.

When they brought her to me,
Amanda was struggling
to breathe.

She didn't cry, or
seem like she was
in pain.

I looked in her eyes
and I sang to her.

I felt like she was
comforted by my presence,

like she could
feel my love for her.

And then
she slipped away.

My daughter was alive
for 21 hours.

At any time have you
regretted not having
an abortion?

Not for a second.

My daughter spent most of
her life peacefully in
my arms.

My husband and I felt honored
we'd shared her life.

Happy that
she had died with dignity.

We mourned her death,
and after everything
we went through,

we felt clean.

Thank you.

You're a brave woman,
Mrs. Barnett.

Is it possible that
at another time
in your life,

you might have made
a different choice?

Yes, it's possible.

And would you
consider a doctor

who offers
late-term abortions to
women in your position

as providing an essential
medical service?

I would have to say yes.

Nothing further.
Thank you.

Half the jury
was in tears.

That doesn't mean
they'll acquit.

You're deceiving
yourself, Jack.

All it takes is one vote
to hang this jury,

and the next,
and the next.

We're not offering Grogan
a plea bargain.

Manslaughter's
a reasonable compromise.

For the cold blooded murder
of a doctor performing
legal procedures.

Substitute slavery
for abortion,

John Brown
for Wayne Grogan.

In its day, Roe v. Wade
conformed to what
we knew then

about human life and science.

Contraception was limited,
most birth defects
were untreatable.

Thirty-five years later,
birth defects can be
corrected,

disabled children are
protected by a Bill
of Rights,

contraception of
every kind is available.

And yet people
who don't want to
still get pregnant.

So their rights should
reign supreme?

My God, cats and dogs
have more rights
than the unborn.

Roe v. Wade
wasn't written in stone.

It could stand another look.

If the jury wants
to send that message
by acquitting Grogan,

let them do it.

I'm not cutting any deals.

Thank you.

Oh!

What?

The Defense has sprung
a new witness on us.
Jennice Morrow,

the nurse at
the botched abortion

you asked us to
pretend never happened.

How the hell
did they find out?

I don't know.

Nurse Morrow
probably called them.

I'd like to believe that.

What,
you think that I had
something to do with it?

When you start mixing up
John Brown with Wayne Grogan,

anything's possible.

You're kidding!

You're the one who thinks
I like winning too much.

Why would I sabotage
my own case?

Principles, maybe.

Jack, if you really think
that I would actually
go out there...

I told them.

I called
Jenkins' office.

I decided it was
an ethical violation

if the Defense
wasn't informed.

Despite explicit instructions
to the contrary?

I can't be instructed
to violate my ethics.

We'll deal with this later.

I suggest you two
put your heads together

and figure out
how we're going to keep
Nurse Morrow off the stand.

Her testimony's
simply not relevant.

On the contrary,
it sheds a whole new
light on our defense.

Dr. Benning murdered
a human being.

There's no way
Grogan knew about it.

This testimony violates
the medical privacy of
Dr. Benning's patient,

who wants
no part of this.

The witness will refer to
the patient as "Jane Doe."

The objection is overruled.
Let's get on with it.

After Miss Doe
was in the stirrups,

I started IV Valium and
Dr. Benning inserted
the ultrasound probe.

The next step was to
inject potassium chloride
into the fetus's heart to

induce cardiac arrest.

Did something go wrong?

The injection
was off target.

The patient moved and
the needle went into
the uterus.

The patient started to
go into labor.

What did Dr. Benning do?

There was nothing
he could do.

The mother was
having contractions.

The baby was born alive.

Dr. Benning held him
in his hands.

The boy
was crying a little cry,
moving his arms and legs.

Dr. Benning asked the
mother if she wanted him
to complete the procedure

and she said,
"Yes, finish it."

What happened next?

Dr. Benning cut
the umbilical cord,

then he took
the surgical scissors

and inserted it into
the base of the
baby's skull.

The room went silent.

The baby was dead.

What happened
to the child's body?

The mother didn't want it.
It was disposed of as
medical waste.

Medical waste.

Nothing further.

It was clearly
Miss Doe's decision to
terminate her pregnancy.

Oh, yes.

And how long would her child
have survived had it been
carried to term?

A day or two at most.

Thank you.

It was a rout.

I don't know
what got into you

to tell the Defense
about Jennice Morrow.

I felt they were
entitled to know.

It was up
to the judge
to disallow it.

Now it's up to us to
convince the jury to
ignore it.

I mean,
you of all people, Connie...

I thought
you wanted to
win this case.

I grew up thinking
Roe v. Wade was gospel,

and that a woman's
privacy was inviolate.

But after hearing
that woman on the stand

talk about her baby
dying in her arms...

I don't know.

I don't know
where my privacy ends,

and another being's
dignity begins.

You want moral clarity?

How about just
doing your job,

put the bad guys in jail.

I'm glad that it's so
clear cut for you, Mike.

Unfortunately,
I can't leave my soul
in the umbrella stand

when I come in to
work in the morning.

I present to you,
Daniel David Morton.

Born yesterday,
at 2:38 in the afternoon.

But for my client,

Daniel would be dead today.

I'd like to
show you something.

People's 32.

This is the wallet
that Walter Benning was
carrying when he was shot.

And I want to
show you these photos

of his children
and grandchildren.

Photos that are
stained with...

I can't...
I can't do this.

There's been too much
heartbreaking testimony.

Just too much.

We're dealing
with an issue here

that goes to
the very mystery
of our existence.

What is life?

When does it begin?

At conception?
At viability?
At birth?

I mean, in good faith
we seek guidance from
our moral leaders,

from scientists,

and we want so much
to do the right thing.

You know,
the just thing.

We want
reason and empathy
to lead us to an answer,

and we struggle so much
to find that answer.

Why? Because...

Because despite
all our differences,

we are joined
in one belief,

that every life is special,

and unique,
and imbued with
inalienable rights.

And that belief compels us
to reject the violence,

and the unreasoned chaos
that Wayne Grogan's act
represents.

Thank you.

The defendant will stand.

Has the jury
reached a verdict?

We have, Your Honor.

On the sole count
in the indictment,

Murder in the First Degree,
how do you find?

We find
the defendant guilty.

Take a walk with me.

Connie has
asked to be transferred to
the White Collar Crime Bureau.

If that's
what she wants.

That's what I want.

Well, it's not
what I want.

I'd have
to pull someone
out of that bureau

and find a place
for them somewhere else,

then I'd have
to find someone to
second chair with Mike.

Much as you'd like
to believe otherwise,

people aren't lining up
for that exalted position.

I used to expect people
to be consistent,

that pro-lifers would
oppose capital punishment,

that champions
of human rights

would claim some
for the unborn.

I don't expect that anymore.

It's a big, messy world.

Work it out.