Law & Order (1990–2010): Season 5, Episode 15 - Law & Order - full transcript

Briscoe and Logan's investigation of a shooting seems to be an open and shut case. A distraught woman walks into a bank where her husband is a vice president and pulls a gun threatening to shoot him. A security shoots her first....end of case. Lt Van Buren however wants them to find out what the woman meant when she screamed that her husband killed her baby. She supposedly had a miscarriage but the fertility doctor she was seeing, Jordan Delbert, raises concerns when he clearly lies to the police. A review of his files reveals something else however: to cut expenses, Delbert began to use his own sperm to inseminate his patients. The challenge for ADA McCoy will be to get one of the victims to testify against him.

Are you wondering how healthy the food you are eating is? Check it -
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.

I told you, Susan. He's not
in. SUSAN: Do I look stupid?

He told you to say he's not in.

I've got work to do.
I'll tell Mr. Parker...

You'll tell him to get
his ass out here. Now.

Do I have to call security?

I assume he's told
you the big news.

I don't know what
you're talking about.

The SOB is walking out!

Sixteen years, and
he's taking a hike!

Please calm down. I don't
need to get in the middle of this.

He killed my baby,
and he's taking a hike!

That's a hell of a
boss you've got!

Please lower your
voice... I wanna scream,

I will scream!

I want the world to know
all about my darling husband!

Come on, Mrs. Parker.
Get your hands off me.


I just want to talk
to my husband.

Get the hell out
of here, will you?

You're crazy! I'm not crazy.

You murdering bastard!

Tell all these people!

He kills my baby,
and then he walks out!

I'm calling the cops.




WALLACE: Twenty years
on the job down at the 2-7,

never once pulled my piece.

And I thought retirement
was gonna be boring.

Hey, I had to shoot, you know.

The woman was off
balance. She wanted blood.

Anybody's in particular?
Her hubby, Mr. Parker.

First VP. All
right, stick around.


I thought they had a good
marriage. I was a little jealous.

I guess she wasn't
trying to scare him.

She was out of her skull,
you know what I mean?

Screaming like a maniac.

Was she screaming
anything specific?

Something about
Mr. Parker killing her baby.

I didn't even know
they had a baby.

I thought I'd wet my pants.

Oh, yeah, and she also
said that he was leaving her.

Surprise. Surprise.

If I had known she'd react
this way, I never would have...

Never would have
what, Mr. Parker?

Sixteen years we were married,

and 10 of those I
wouldn't trade for anything.

Three weeks ago,

I moved out

into a hotel.

Witnesses said she was
screaming about you killing her baby.

We'd been trying to
have a baby for five years.

Susan was obsessed.

She had a miscarriage.

She said you had
something to do with that.

Sure, it was my fault.

It was also your fault
and the mailman's

and the guy who sells watches
on the corner of 5th and 42nd.

Yeah, well, you're the
one she took the shot at.

Isn't it obvious my
wife wasn't rational?

I thought about
leaving her for months.


my attorney served
her with papers.

Susan Parker, 40. DOA.
Shot by a security guard.

Smart money says
it was justifiable.

The DA okay with that?

It's pretty hard to argue
with 30 eyewitnesses.

This lady goes into a
bank, waves a .38 around.

Actually took a
shot at the husband.

He all right? Yeah,
he's a little shook up,

but he'll get over it

when he realizes how much
money he's saving on attorney's fees.

He was divorcing her.

What's this about
killing her baby?

She had a miscarriage.

Husband said she blamed
the whole world for it.

Yeah, well, it appears she
was a little more specific.

So what? So, a
middle-class woman

starts taking potshots
in a midtown bank.

There's gotta be
something more here.

The party's over. I
mean, she's dead.

Well, call me curious.

I'd like to know what put her
in a position to get that way.

Talk to the ME.

Talk to him about what? Yeah.

She said he killed her baby.

Maybe she was saner than her
husband would have us believe.

I told you on the phone I
haven't completed the full autopsy.

But you did do a prelim.

Cause of death, .38 in
the back. You happy?

What about bruises?

Those bank floors are
hard. I wouldn't be surprised.

Well, we're thinking maybe
there were some that were caused

by a more human source.

Look, you wanna give me a break?
I've gotta be in court in two hours.

So, what's it gonna take? Two
seconds for you to look at the chart?

Yes. Preliminary examination
revealed recent contusions.

Consistent with a
beating? That's right.

Now, if you don't mind.

I already told you my
wife had a miscarriage.

Maybe I should get
my attorney over here.

Do you think you need one?

Mr. Parker, the ME found
bruises on your wife's body.

We're just interested in
finding out how they got there.

How should I know?
Look what happened.

My wife wasn't
exactly rational. Yeah,

and Grandma always
said a smack in the head

was the best cure
for the crazies.


All my wife talked
about was having a baby.

Her kid sister had
three. All her friends...

The more we tried, the
more desperate she got.

Something worked. Oh.

Thank you, Dr. Gilbert.

Some fertility expert.

Thermometers, rushing home
from work in the middle of the day.

We weren't making love,
we were on a mission.

Listen, let me be
straight with you.

Now, we heard that your wife
said that you killed her baby.

The ME found bruises
on your wife's body.

So, tell us what it's
about, Mr. Parker.

Let me tell you about my wife.

She was crazy ever since
she got on the baby kick.

And then the great
Dr. Jordan Gilbert

starts pumping her full
of hormones every week.

It didn't exactly help
her mental health.

Did you get impatient with her?
Maybe give her a little incentive?

After the miscarriage,

Susan was totally
out of control.

I tried to comfort her, be with her.
I mean, it was my baby, you know.

But all she wanted to do was start
again with Gilbert and the hormone shots.

I couldn't live like that
anymore. Nobody could.

And you moved out?

Yeah, I started packing,
and she attacked me.

I lost my temper, but I swear
all I did was push her away.


He's, what, 6'2"?

She's 5'3", tops. How hard
did he have to push her?

5'3" and pumped
full of estrogen.

Right. And a woman
can't be elected President

because once a month she
might freak and push the button.

Hey, once a month
Gloria can't get out of bed,

and that's just with the
hormones God gave her.

You know, Parker said his wife
was taking those shots for a long time.

Maybe this isn't the first
time he lost his temper.

Let's go talk to
this Dr. Gilbert.


My gallery of babies.

We try to encourage my people

to send birth announcements
and baby pictures.

The Parkers' baby would
have been on this wall right here.

About Susan Parker, Doctor.

The last time you
saw her... It happens.

Excuse me? The miscarriage.

She came in panicked about
two weeks ago. She was bleeding.

There was nothing I could do.

Susan didn't take it very well.

Well, that's understandable.

Susan had a
tendency to overreact.

The treatments didn't help.

You talking about the hormones?

It aids in conception, yes.

My heart really went out to her.

She kept screaming,
telling me I was wrong.

Unfortunately, I wasn't
wrong. It's traumatic,

but it would have been much
worse later in the pregnancy.

Susan was only
eight and a half weeks.

Do you know exactly what
caused the miscarriage?

It's hard to say.

She was too emotional
for a complete exam.

It could have been many things.
My patients are typically high-risk.

LOGAN: You saw
her once a week, right?

Did you notice any bruises
that shouldn't have been there?

What are you saying?

You think her husband
beat her up? Brandon?

Yes, there were problems
in the marriage, but abuse?

Susan would've told me.

Well, maybe she
wasn't all that proud of it.

The women who come to
me want to get pregnant.

I'm the last resort. I know
everything about them.

When and what they
eat, how much they sleep,

what kind of nail
polish they use.

Is that important?

Everything is important

when you want to get pregnant.

Keeping secrets from me
would be counterproductive.

It would be like
going to confession

and not telling the whole truth.

You may want it
more than life itself,

but you're not
getting absolution.

The nuns at my school were
less sanctimonious than that guy.

Your nuns never
went to medical school.

You know those MD plates gets
you a better parking spot in heaven.

Hey, with the fetus less
than three months old,

even if Parker beat
his wife to a pulp,

he didn't commit a murder.

Let's get back to our real jobs.

Hey, Van Buren wants us to
check it out for spousal abuse.

Think of it like a vacation.

First of all, we don't have
a complaining witness.

Second of all, we just
heard from the mouth of God

that the husband was a saint.

Well, God never
gave her a full exam.

Now, something
caused that miscarriage.

Let's see if
Coyle can fit us in.

Well, you were right. She
was in some kind of fight.

Well, bottom line
it for us, Coyle.

Was Susan Parker the
attacker or the attackee?

Let me show you.

I'm Mrs. Parker. I go at you,

so you grasp my wrists tight
and hold them away from you.

Now, I'm struggling.

I want to scratch your eyes out,

but you push me away,
and I land on my butt,

banging my elbows on the floor.

The deceased had hematomas on
her wrists, right where you grabbed me.

Her left elbow and
buttock revealed contusions

probably from
falling on the floor.

And you have no old
bruises or broken ribs?


So, Parker's telling the truth.

Are you sure there was nothing
on her chest or her stomach?

Something that would
cause her to lose her baby?


What baby? This lady
was never pregnant.

What do you mean
she wasn't pregnant?

The ME's absolutely
positive, Mr. Parker.

My God!

Are you sure Gilbert told
your wife she was pregnant?

He told her, all right. I was
standing there when he did.

Gilbert told us the same thing.

You're going to
arrest him, right?

There's nothing
we'd like better.

What are you saying?

The bottom line is all Gilbert did
is lie to your wife. It's not a crime.

Lying's not a crime. He
took our money. It's fraud.

Only if he knew his
treatment wouldn't work.

The truth is none of us
know what happened.

It could have been a
simple misdiagnosis.

Doctors make mistakes.
Oh, some mistake.

First he makes her crazy.
Then he gets her killed.

And you can't do
anything about it!

Well, that's just great.

You know, this doctor could
have one hell of a scam going.

Think about it.

He takes the big fees, and he
pumps his patients full of this HCG stuff.

It doesn't work. They
start to get antsy,

so he tells them what they
want to hear, they're pregnant.

A couple of weeks later,

"Sorry, you lost the baby.
Too bad. These things happen."

Then he starts all over again

and so do the big fees.

The problem is Mrs. Parker
isn't available to testify.

This doctor has
other patients, right?

I'm sure he'll be happy
to send us his list.

He will if a judge tells him to.

He convinced this
woman she was pregnant.

And she wasn't? No.

Isn't it possible he
made a mistake?

Well, I don't think so.

He obviously showed her
someone else's sonogram.

And there's a crime here?

There is if it's part of
a scheme to defraud.

Gilbert could be
selling pregnancies

like some con man hawking
swampland in Florida.

And what do you want?

A subpoena for his
patients' medical records.

I want to see if there were
any other false miscarriages.

You know I can't
violate privilege.

If we're right, he's
committing a felony.

His medical records were
never privileged in the first place.

So, I have to violate privilege

to prove criminal activity
in order to destroy privilege.

Running in circles makes
me dizzy, Counselor.

If we can just talk
to these women,

I'm sure the last thing
they'll scream is privilege.


I'll give you your
subpoena, Counselor,

but only for the express purpose

of getting the names
of Dr. Gilbert's patients

who allegedly miscarried.

Barbara Goodman,
43. Marian Combs, 45.

Sharon Lowe, 46.

Nothing like waiting
till the last minute.

Maybe they had
something better to do.

You know, if I didn't already
know you don't have kids,

I'd know you don't have kids.

I'm just saying, Lennie, women
are allowed to have other priorities.

It's a long way from the '50s.

Yeah, and those other priorities
are keeping Dr. Gilbert in business.

I got 23 names that
had miscarriages.

I already got 26.

That ought to be enough.

Hell, I could party
with the best of them.

There was always
time for kids later.

When Mr. Right comes along?

Mr. Right's whoever you happen to
end up with when you run out of gas.

Mine's an investment banker.

All I had to do
was give him a son.

Problem is it's not as easy
as they taught us in sex ed.

You did have a
miscarriage, right? Two.

After the first, my friend Clara
Brock told me about Dr. Gilbert.

She was in the same boat,
and he'd worked wonders for her.

Were you taking his HCG hormones
when you had the second one?

I started hemorrhaging
on the E train.

Strangers took me
to Saint Vincent's.

Are you're still trying?

I'm 42 years old.

What the hell?

Selling expensive
dresses is plenty fulfilling.

It blew us away.

We are so excited,
we can't stand it.

BRISCOE: Thank you. Sit.

We're in our eighth
month. It's like a miracle.

We owe it all to Dr. Gilbert.

According to records,
you had a miscarriage.

Yeah, once on the Nautilus.

Dr. Gilbert insisted
I stop working out.

Were you on the hormone
treatments at the time?

Infertility wasn't my problem.

We had to find someone
to fertilize Beth's eggs,

and Gilbert had the answer.
Donor number 2133x.

Artificial insemination.

It's the best relationship
I ever had with a man.

I thought it was supposed
to be anonymous.

That's exactly my point.

I gotta ask you, don't you
ever wonder? Why would I?

Dr. Gilbert assured
us the donor's healthy.

Well, I just hope he
didn't get around too much.

Dr. Gilbert told us a donor's
sperm is used four times, tops.

In a city of eight million,

what are the odds our son
will ever meet one of his sisters,

let alone have a baby with her?

Look, we couldn't find out who
the father was even if we wanted to.

It's strictly confidential.

All we know is he doesn't
smoke. He doesn't drink.

No criminal record,

and he's a Roman Catholic.

Don't forget he's
got Bette Davis eyes.

Brother, and I thought I had it bad
being brought up by two alcoholics.

I wonder which mommy's gonna
teach him to smoke and drink.

And shave.

Well, it's the '90s.

Everybody's allowed to be
gross and disgusting, not just you.

Well, all I know is
I had one mommy,

and she did enough
ball-breaking for one lifetime.

Hey, what was that
party animal's name?

The one that
recommended Dr. Gilbert.

Clara Brock.

Yeah, she had a miscarriage,
right? That's what she said.

Her name's not on the list.

So, I took Dr. Gilbert's
hormone treatments for two years.

Well, I guess it finally worked.

CHILD: No. Well, not that well.

It took forever to conceive, and
then I had several miscarriages.

It was the most
traumatic time of my life.

You miscarried while you were
taking the hormone treatments?

Two months after I
stopped, along comes Bobby.

You know, your friend
Christine Kennedy

says you conceived by
artificial insemination, right?

Actually, it was in vitro.

My egg was fertilized
with my husband's sperm

outside of my uterus.

The rest of the process
was perfectly normal.

Excuse me, it's 12:30. We
can't be late for Mommy and Me.


She takes the hormone
treatment for two years,

stops and then gets pregnant?

I'm starting to wonder
if this stuff ever works.

Here's one.

Three years of hormone
treatments, nothing.

You'd think she'd catch on.

Hey, I'm still waiting for Ed
McMahon to show up at my door.

The louder the
biological clock ticks,

the richer Dr. Gilbert gets.

Here's one. Six
months on the juice,


Could be Gilbert just got lucky.

The two girlfriends?

Who'd they say the donor was?

Donor number 2133x.

I just found the
baby's half-brother.

John Joseph Desouza.

He lives down the
block from them.

You think we should tell them?

What's the point? He might
not have Bette Davis eyes.

Wait a minute,

here's another one.

Donor number 2133x.

This guy gets around.

A little more than he should.

I got three more.
You're kidding.

I got one.

I got two.

Didn't Dr. Gilbert
tell his patients

he only used each
donor four times?

Oh, my God.

It's like bad science fiction.

Are you absolutely sure?

There are 42 women
artificially inseminated

with the same donor's sperm.

I've gotta believe they
expected a little variation.

We're talking fraud.

And we'd have a great case if
we actually knew about any of this.

Excuse me? We have
the medical records.

Forty-two babies can
call Mr. 2133x Daddy.

Only the subpoena was limited.

We were entitled to
use the medical records

to obtain the names of women
with miscarriages. Period.

Outside of that, everything on
those records is inadmissible.

Unless we get a judge
with a little common sense.

If I allow you to bring charges based
on what you got and where you got it,

I'd be looking at a
sure-fire reversal.

Now, I'm sure you know this
hasn't been a very good year.

What about inevitable discovery?

The only thing that's inevitable

is that you wouldn't have
given a second thought

to this artificial insemination

but for the unlawful
use of medical records.

Most of the 42 babies
live in the Upper West Side.

They'll grow up together,
go to the same schools...

I've seen Deliverance, Claire.

Now, look, I can bend as far
right as the next guy in a robe

when a cop pushes the envelope
or a prosecutor screws up,

but doctor-patient privilege,
that's another ball game.

I'm sorry, but there's
no way around it.


Look, I'm the only
one in the DA's office

who knows what
Dr. Gilbert's up to.

I'll set up a Chinese wall.

Someone else in the
office will handle the case.

And you'll cross your heart
not to talk to them about it?


But I will sign an affidavit swearing
not to communicate in any way

with the new attorney regarding
the unlawfully obtained material.

If you even peek over
the wall, Counselor,

you can kiss your
license goodbye.

Chinese wall? And
he actually bought it?

As long as I
signed my life away.

I tell anyone
anything that I know,

I'm on the express train to
the Disciplinary Committee.

Is it worth it?

Yeah, it's worth it.

So, who do we send on
this wild-goose chase?

Well, I don't remember seeing any
vacation memos with your name on it.

Ms. Kincaid goes out on a limb,
she puts her career on the line.

It must be comforting to her

to know that she's got
90% of your support.

You'll take the Dworkin
severance motion?

Judge Spivack, Part
93, tomorrow at 9:30.

You got it.

And I'll go chase my tail.

Start by using your head.

The cops were
investigating another fraud

when they hit the motherlode.

Now, what's the first thing you think
of when you hear the word "fraud"?

Financial records.

I don't give a
damn what it says.

I'm not giving you anything
until my attorney gets here.

You can be held
in contempt, sir.

I understand everyone being upset
over what happened to Susan Parker.

Believe me, I feel for her
more than you can imagine.

But disrupting my practice?
Well, if you have nothing to hide...

My patients expect
some sort of privacy.

They rely on it, for God's sake.

Thank God.

Michael, will you tell
me what's going on here?

Mr. McCoy, I'm Michael
Aronson. I represent Dr. Gilbert.

Good. Then you can
explain to your client

the meaning of a
subpoena duces tecum.

We've been though
this once already

with someone from your
office named Kincaid.

Don't you people
talk to each other?

If you'd read the subpoena,
you'll see that this time

we're asking for
Dr. Gilbert's financial records.

I've been practicing
medicine for 28 years.

How dare you... Now, it's
all right, Jordan. It's all right.

We'll give them the documents.

And while they're reading them, I'll be
drafting my complaint for harassment.

Well, Claire convinced Spivack

to dismiss the severance motion.

The Dworkins will
be tried together.

Lucky her.

No wild geese?

Well, Gilbert made
a lot of money.

Some of these women
paid him more than $50,000.

If you're going to be desperate,
you might as well be rich.

I checked with other
infertility doctors.

His fees are not out of line.

Just a minute.

Three years ago, Gilbert
collected $650,000.

Last year, he was
down to $580,000.

Recession's been
rough on everybody.

Yeah, but his net
profits went up, Adam.

And his expenses
went down. That's right.

And the biggest drop
was in laboratory costs.

HIV tests on donor's sperm

for patients undergoing
artificial insemination,

$75,000 in '91.

And down to zero last year.

Could be that the labs are
billing the patients direct.

Or else he's playing Russian
roulette with these babies' lives.

There are perhaps seven reputable
infertility clinics in the five boroughs.

As far as I know, we do
the testing for all of them.

You did the work for
Dr. Gilbert, too, didn't you?

He was high volume.

When he dropped maybe
75% three years ago,

I figured his business was off.

Then two years ago
he went down to zero.

I assumed he found some
out-of-town lab to do the work.

Or he decided it wasn't
necessary to keep testing.

Well, then, I hope
he has a good lawyer.

Do you know what the odds
of having an infected baby are

if an egg is fertilized by
an HIV-positive sperm?

You don't want to know.

People are paranoid,

and for good reason.

Why is the testing so expensive?

Well, the way it works is,

we receive the donor sperm.
We freeze it for 60 days,

then we test it.

It is expensive and

but it's also the safest way
known to medical science.

Open up medical records?

I'm sure you've heard of
doctor-patient privilege.

Which is supposed
to protect the patient.

There's a possibility
that Dr. Gilbert

was using infected sperm.

Infected as in...

Dr. Gilbert stopped running HIV
tests on donor sperm two years ago.

My God.

This is a licensed physician?

If any of the
babies are infected,

Gilbert's acting with
reckless disregard.

It's a crime. It
can't be privileged.

And if none of
them are infected?

We have disregarded
one of the tenets

of personal freedom.

Somehow I think the
parents will thank us for it.

It can't be.

You're wrong.

I hope I am, too, Mrs. Cooper,
but I think we should be safe.

A blood test...

Dr. Gilbert told us that
the donor was healthy.

We didn't have to worry.

We have reason to believe

that Dr. Gilbert has
been less than honest.


He gave us Dennis.

He wouldn't lie. He couldn't...

I don't have to listen to you.

No, you don't.

But if it were my son...

There are times
when I love this job.

Thirty-one blood
samples. All HIV-negative.

Thank you for small favors.

I should tell the parents.

No need. I already received
17 bottles of champagne

and eight bottles of Scotch.

The bearer of good news.

Well, it wasn't all good.

It's the strangest thing. Twenty-five
of these babies are CF carriers.

What's CF? Cystic fibrosis.

It's a recessive
trait, like blue eyes.

They'll never show any symptoms,

but if they happen to make
babies with another carrier...

The disease will show up.

Two carriers connect,

it's a one-in-four chance
the kid'll be affected.

CF carriers are a very small part
of the population, but still it's a risk.

If they're a small
part of the population,

isn't it odd that so many of
these babies are carriers?

Well, it's either
cause for an article

in The New England
Journal of Medicine, or...

They're all related.

It looks like the Chinese
wall just came tumbling down.

You talk. I can't.

At least 25 of
Dr. Gilbert's patients

were inseminated
with the same sperm.

Thank God.

I'll buy the champagne.
You'll buy the whole dinner.

There's no way these women
would have agreed to this.

I'm sure we can
make a case for fraud.

Is that all you found?

There's more? A lot.

Dr. Gilbert stopped testing
the sperm for the HIV virus.

Oh, my God.

Fortunately, not one
of the babies is infected.

But I was thinking, why would
someone as smart as Dr. Gilbert

take such an enormous risk?

One infected baby, his
entire practice heads south.

He was lucky the
donor was healthy.

Or he was sure.

Come on, Jack.

I have seen at least 12 public
service announcements a day

telling me that's
impossible. Think about it.

In this day and age, how
could you be sure of anyone?

The son of a bitch is
using his own sperm.

I just bought a round for two
justices of the Court of Appeals.

This better be good.

It's about Dr. Gilbert, sir.
Oh, right. Your baby doctor.

Mr. McCoy, working independently,
uncovered concrete evidence

that 25 babies were conceived
by the same donor sperm.

And what?

Twenty-six is on the way?

Look, this can
wait until morning.

We have good reason to believe
that that donor is Dr. Gilbert.

And you didn't give him even a
little push in the right direction?

Not even a nudge.

As we have both
sworn in these affidavits.

Now, that's very interesting.

And, granted, I am
on my third martini,

but I don't really see
what this has to do with me.

We want to arrest Gilbert.

There's nothing I'd like more.

The problem is

he hasn't done anything
that even smells criminal.

Judge Ianello may drink
too much, but he's right.

If it turns out to be true,
what Gilbert did is disgusting,

but there's nothing in the penal
code that says he can't do it.

He manipulated these women.

He lied to them,

and one of them wound
up dead because of him.

You can't prove causation.

Man promised them a
baby. He gave them one.

He didn't promise them his baby.

From what I understand, the
contract calls for an anonymous donor.

It's possible that
Gilbert is an SOB,

but so far, unfortunately,
he's an anonymous SOB.

Wait a minute. At
least one of his patients,

Clara Brock,

she didn't contract for
an anonymous donor.

She thought she was being
impregnated by her husband's sperm.

That's just great.

I'm sure the Brocks will
be thrilled to hear about this.

I don't believe this.

It can't be.

You should just go.

CLAIRE: We're sorry, but...

No, Dr. Lang told us
that Gilbert was the best.

Do you have any evidence?

We have good reason
to believe. You believe?

Well, I'll tell you what.

You don't come here and
tell me that Bobby's not my boy

until you are damn sure.

A blood test would give
us all the proof we'd need.

What the hell
good would that do?

I realize this is a difficult
situation, Mr. Brock,

but Dr. Gilbert
has to be stopped.

With your testimony, we
could put him in prison for fraud.

Nathan's parents
were here yesterday.

Bobby's their only grandchild.

How can we tell
them that Bobby's...

How can we tell Bobby?
We're not telling anybody.

You want him in prison,

you'll do it without us.

Larceny by false promise.

We need someone to
testify that Gilbert lied.

We could subpoena the Brocks.

And they'd ignore it.

The son of a bitch lied to his
patients. He defrauded them.

Hell, one's even
dead because of him.

Yeah, he belongs in jail,

but without a little help from
the Brocks or from the penal law,

there's nothing we can do.

I know we've dropped cases
before, Jack, but this one...


we've got a blood sample
from the Brocks' baby, right?


If we could get Gilbert
to take a blood test,

we could prove
he's the actual father.

ARONSON: The Fourth Amendment.

Last I looked, it
protected one's person

against unreasonable
searches and seizures.

The Supreme Court
has repeatedly held

that the individual's right
against bodily intrusions

should be weighed against
the society's interests

in conducting the search.

Every day the police draw blood

to determine if a suspect
is driving while intoxicated.

Yes, but only when the
driver appears to be drunk.

It's called probable cause.

And it's noticeably
lacking here.

Medical records
show that Dr. Gilbert

used sperm from the same
donor at least 20 times.

There's absolutely no evidence that
that donor is my client, Your Honor.

Mr. McCoy?

It's the only logical
conclusion, Your Honor.

JUDGE STEIN: This is a
criminal prosecution, Mr. McCoy.

Before I authorize a
scavenger hunt on a man's body,

I'll need some evidence tending
to implicate him in that crime.

The defense motion to
quash the subpoena is granted.

JACK: It's the perfect scam.

His marks thank him, and
the judicial system protects him.

Babies cooked
up in laboratories.

Not everyone is able to
procreate the old-fashioned way.

I have no problem with
science, young lady.

I just wish it would take a breather
now and then to let the law catch up.

JACK: Maybe we're
looking at the wrong law.

If Dr. Gilbert really
did use his own sperm,

then the contract between him
and the Brocks is null and void.

Under civil law,

he's the de facto and the
de jure father of that child,

and with that comes a whole
boatload of legal obligations,

including child support.


The Brocks won't testify,
and what are you gonna do,

cross-examine a test tube?

CLAIRE: We don't
need the Brocks.

Child support is the right
of the child, not the parent.

And the burden in family court is
much lighter than criminal court.

No, I'll tell you what we do.

Get Ms. Kincaid
appointed guardian ad litem

to sue for paternity
on the baby's behalf.

The first step in a
paternity suit is a blood test.

And if it says what we think it
does, we nail the son of a bitch.

CLAIRE: And what
led you to conclude

that Dr. Gilbert was
the father of Baby Doe?

After testing the
blood of 31 babies

artificially conceived
in Dr. Gilbert's office,

our lab informed us that
it was extremely likely

that the sperm of only
one donor had been used.

Further investigation
of Dr. Gilbert's finances

showed that he
had stopped paying

both for sperm donors

and for HIV testing
of the sperm.

It was the only
logical conclusion.

Thank you, Mr. McCoy.

Why isn't the baby's
mother here, Mr. McCoy?

Under the circumstances,
her testimony isn't relevant.

Well, you'd think she'd be a
little interested about the results.

This suit is brought
on behalf of the baby.

Oh, I see.

Is the baby lacking
for money? No.

For food or shelter? No.

Would you consider Baby Doe's
mother in any way inadequate?

I don't think that's in any
way relevant to this case.

Oh, it's very
relevant, Mr. McCoy.

You see, on this
side of Center Street,

all that's relevant is
the baby's best interests.

I'm aware of that.

And in your opinion,

this baby would somehow
benefit from this litigation?

Yes, I believe that's true.

Considering the mother
doesn't give a damn,

I'd say that's pretty
arrogant of you.


Arrogant is trying to start
your own race of people.

Move to strike. Sustained.

GILBERT: I'd say
over the past 10 years,

somewhere in the
neighborhood of 300 babies

were conceived in my office
through artificial insemination.

And in these 300 cases,

has a mother ever requested
the identification of the donor?

On the contrary.

After the health of the baby,

a mother's primary concern is
usually the anonymity of the donor.

In cases when the patient's
husband's sperm is used,

has anyone ever questioned
the heredity of the baby?


Was Baby Doe the result of fertilizing
her mother's egg with her father's sperm?

I'm sorry.

My hands are tied
by confidentiality.

I cannot in good conscience
answer that question.

Thank you.

Hypothetically, Doctor,

if a husband's sperm is used, is it
typically tested for the HIV virus?


It's simpler to run blood tests on
the father before the procedure.

I see.

Do you also test to see if the
father is a cystic fibrosis carrier?

No, I don't.

Would that be considered
by some to be negligent?

The people who come
to my office want a baby.

I doubt it would stop any of
them even if they knew for a fact

the father was a carrier.
Besides, CF only affects

a miniscule portion of
the population at large.

That's odd,

because 25 out of the 31
babies conceived in your office

through artificial insemination
over the past two years

are carriers.

How do you explain that?

Answer the question, Doctor.

I can't explain it.

Then, we'll let your blood
do your talking for you.

I order you to undergo a paternity
test within the next two weeks.

Nothing like a little forum
shopping, Jack. Whatever it takes.

My office will contact you
with the name of a doctor.

I'll save you the time.

We'll stipulate that
Dr. Gilbert is the baby's father.

In that case, he's under arrest
for larceny by false promise.

Yeah, right.

And that'll last for all
of about two seconds.

No way this gets past
a motion to dismiss.

The indictment is deficient
on its face, Your Honor.

The grand jury didn't
think so. The grand jury?

Twenty-three blind men following
the Pied Piper out of Hamelin.

I'm glad you have
so much respect

for our judicial
system, Mr. Aronson.

Oh, let's not be naïve.

The state tells them
to indict, they indict,

the sufficiency of the
evidence notwithstanding.

Just so long as they can
get home in time for Oprah.

There's sufficient evidence to
indict your client for felony larceny.

Excuse me. The charge
is larceny by false promise.

Show me one instance in the
transcript where one witness claims

that Dr. Gilbert
lied about anything.

JACK: The grand jury
can infer whatever it likes.

Hold on. Are you saying
that the parents didn't testify?

It's a difficult situation, Your
Honor. You're damn right it is,

and it's getting
more difficult for you.

Legally, I don't
need their testimony.

That's right, on a
law school exam.

In the real world, a fraud trial
without the testimony of the victims

ends in a mistrial.

They don't get on the
stand, we don't go to court.

These people have
a right to privacy.

And my client has a right
to confront his accusers.

I think we can make everyone
happy if we close the courtroom.

Seal the records.

She makes a very
good point, Counselor.

The public has a right to know.

Well, you can talk to the
press anytime you like,

just keep the
Brocks' name out of it.

My clerk will contact you
about the first free date for a trial.

Nice move, Claire.

Now all we have to do is
get the Brocks to testify.

Look, we already told you once,
we are not going into a courtroom.

We can arrange for it to
be completely anonymous.

If you prefer, you
can wear disguises.

The press will not be there.
The records will be sealed.

Why can't you use someone else?

You said there
were lots of others.

We can't establish
fraud with the others.

What is it with you people?

You don't think twice about
destroying people's lives?

I sympathize with you, Mr. Brock,
and I think I can keep your privacy.

But even if I can't, so what?

So your parents find out that
Bobby is not your natural child.

So Bobby finds out.

There are a lot of adopted
babies in this world.

Their lives aren't
exactly ruined.

You have no idea what
you're talking about.

We know we have
to stop Dr. Gilbert.

Doctors? They're
worse than you people.

They think they know what's
good for you, what's right.

They don't know
anything. Clara, be quiet.

Now, you get the hell out of here
and leave us alone. Get out. Get out.

Best-laid plans.

Our chances of getting them to
testify are zip, and you saw them.

Yes, I did see them. And there's
something else going on there.

"Doctors don't know what's good
for us. They don't know what's right."

What the hell
was that all about?

Gilbert burned them pretty badly. I
can understand her bent for hyperbole.

Somehow I don't think Mrs.
Brock was referring to Dr. Gilbert.

Humor me.

Talk to the doctor that
sent them to Gilbert.

The Brocks are good people. I
just wish I could've helped them.

You sent them to
Dr. Gilbert. They had a baby.

Bobby. Beautiful little boy.

The problem was
their daughter, Debra.

The Brocks have a daughter? Had.

Died last year.
Leukemia. Eight years old.

That's why I sent
them to Gilbert.

If only Bobby's marrow had matched,
maybe I could have done something.

What are you saying? Neither
of the Brocks were a match.

There was a chance that
if they had another child...

Wait a minute. Are you saying the
only reason the Brocks had a baby

was to use his bone
marrow in a transplant?

They were trying to
save their daughter's life.

No wonder their lips are sealed.

They don't want their
son to discover one day

they only bought
him for the parts.

CLAIRE: This is great.

Gilbert committed
felony larceny,

and we can't make a case because
of his victims' feelings of guilt.

We can't make a case for
fraud. How about murder?

Well, legally he's not responsible
for Susan Parker's getting shot.

I'm not talking about Susan Parker.
I'm talking about the Brocks' daughter.

The fact that the father's
sperm was not used

has to have significantly
lowered the possibility

of the baby's marrow
being a match.

Significantly lowered, yeah.

Well, think about it, Adam.

You see a man drowning.

You tell the lifeguard, "Don't
worry about it, I'll save him,"

knowing that you're not
such a good swimmer.

And the man drowns.

Reckless disregard.
At best, a long shot.

Have Gilbert come into
my office tomorrow at 9:30.

Murder two.

You're on drugs, right?

The Brocks' daughter
might still be alive today

were it not for the reckless
disregard for human life

shown by your client.
That's nonsense.

Even if I used
the father's sperm,

there's no guarantee of a match.

The statute says you're
guilty if your actions

cause a "grave risk of death."

Your lawyer will explain to you
that that's a matter for the jury.

And I'll parade a dozen
experts into the courtroom

to say there's no cause-in-fact.

It's all the reasonable
doubt I need. Fine.

But just consider what will
happen to reasonable doubt

when the jury hears

how the good doctor here was
trying to populate the world by himself.

What will they think when I
tell them about Susan Parker

lying dead on the floor of a bank
because of one of his little lies?

And how will they
actually react to the news

that the Brocks might not have had
to bury their eight-year-old daughter

were it not for
your client's gall

or ego

or complete disregard
for human decency?

ARONSON: All very
persuasive, Counselor.

You have one slight
problem. You can't testify.

Go ahead. Go to trial.

Without witnesses, they'll
laugh you out of the court.

You're a doctor.

You're supposed
to help these people.

These women come to me barren,

starved for the feeling of life
growing inside their bodies.

Their husbands can't give it to
them, neither can their lovers.

Just me.

I'm sure your children are
not what they bargained for.

I think you'd be surprised.

I think you flatter yourself.

I create something

where nothing was before.

God doesn't make
babies, Mr. McCoy.

I do.

We might be able
to convince a jury.

And be reversed on appeal.

So, we drop it? For now.

Do you think we'll ever find
someone who'll testify against him?

Jesus had his Judas.

And he's not Jesus.