Law & Order (1990–2010): Season 20, Episode 5 - Law & Order - full transcript

When Dr. Walter Benning is killed in church, Detectives Cyrus Lupo and Kevin Bernard arrive at the scene and are informed a white male was seen fleeing in a dark sedan. The minister, tells the detectives that Dr. Benning was a late-term abortion doctor and had been shot at before and threatened many times; and his wife, Phyllis Benning, is convinced it is a pro-life zealot who is responsible. While the detectives scan the several protestor suspects, Lieutenant Anita Van Buren gets more bad news and ADA Connie Rubirosa faces a moral dilemma causing tension among the team.

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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 OB/GYN,

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.