The Practice (1997–2004): Season 6, Episode 15 - M. Premie Unplugged - full transcript
Eugene defends a man accused of shaking his baby daughter into a coma. Ellenor once again faces A.D.A Mitchell Wheeler, with surprising results.
DOLE:
Previously on The Practice...
FRUTT: Mitchell, come on.
I'm going
to the favor bank here.
I will give you anything.
MITCH: Anything?
Take off your shirt.
So if I have sex with you,
you'll cut a deal?
I am extremely sorry
for my inappropriate behavior.
Obviously any deal predicated
on a sexual relationship
is wrong and hereby
off the table.
FRUTT: You know, Mitchell,
I am getting this
sickening feeling
that your offer
wasn't pulled
because of conscience,
but because
I wouldn't go for it.
KITTLESON:
Was sex put on the table
as part of a plea bargain?
Yes, by Ms. Frutt.
FRUTT: You think
that I would resort
to making up
this kind of story?
KITTLESON: Ellenor,
I'm inclined to believe you,
but trust me
when I advise you,
let this drop.
Don't do any more
cases with him.
MITCHELL: We want you to offer
Judge Fleming a bribe.
Which brings you to me,
is that right?
You'd like
to make a deal, too.
If possible,
Your Honor, yes.
$10,000.
Judge Charles Fleming?
What's going on?
AGENT: You're under arrest
for accepting bribes.
FLEMING: I have done
nothing illicit.
What I did do was expedite cases
that came before me.
If I benefited from such,
well, then, so be it.
You have cast out
the dirty judge.
Justice is restored.
(gunshot)
MAN: Hey, guys, here they are.
WOMAN: Come on, let's go.
Mr. Young...
(overlapping chatter)
YOUNG: That's correct,
Your Honor.
We are seeking
an immediate modification
of the court's previously issued
conditions of release.
Yes. Just a moment.
$50,000 bail,
the stay-away order
forbidding contact
with the wife or child,
and the suspension
of any rights
to make health
and welfare decisions
regarding that child.
Those rights shall reside
with the mother.
This all seems equitable,
given the seriousness
of the crime
with which your client
has been charged.
I'd ask you to consider
the nightmare
in which my client
finds himself.
GAMBLE: Your Honor, Mr. Goss
created that nightmare
by putting his daughter
in a coma.
Mr. Goss is innocent.
He has been baby "M"'s
primary caregiver
while his wife worked,
and now his child is sick.
YOUNG: But under
this court order,
he is neither permitted
to see his child,
nor to make critical
medical decisions
that could determine
whether she lives or dies.
Then you do understand
my decision.
YOUNG: The fact remains,
my client's rights as a parent
should not be denied
simply because
he's been charged with a crime.
We're going in circles here.
This father is requesting
that every effort be made
to save the life
of his child.
GAMBLE: He knows
if his child dies,
he will be facing this jury
on murder charges.
This is about baby "M."
Where is your compassion?
I have no compassion for a man
who beats an innocent child.
FREEMAN: All right,
that's enough.
Till Mr. Goss is cleared
of the charges made against him,
I have no intention
of endangering anyone.
FREEMAN: The court's conditions
for release,
including those
involving your client,
to keep him away from seeing
his wife and child stand.
FREEMAN: And if Mr. Goss
refuses to abide
by those conditions,
I'll throw him in jail.
Now, if there's
nothing else.
Your Honor, may I approach?
(people whispering)
For the record,
I respectfully point out
that you and the late
Judge Fleming
were close friends.
I'd also make it clear
that my partner, Bobby Donnell,
was recruited
by the U. S. Attorney's Office.
And the fact that Judge Fleming
took his own life
after his wrongdoings
were uncovered, so--
What are you implying?
The court's duty
is to set reasonable bail.
And perhaps you have undue
prejudice towards my client
since you may wrongly assume
that Mr. Donnell
was somehow responsible
for Judge Fleming's death.
I move that you recuse yourself.
Mr. Young,
I lost a dear friend,
and for that, I'm saddened.
But hear me now,
don't you ever walk
into my courtroom
and insult my integrity.
Otherwise, I'll find you
in contempt so fast,
your teeth will spin.
Your motion is denied.
FREEMAN: We're adjourned
until tomorrow,
when this trial will begin.
(gavel bangs)
(music playing)
We're taking a big chance.
Yeah, but now if we lose,
we can raise
the judge's bias on appeal.
BERLUTI: This case is as ugly
as it gets,
and it just got
a lot uglier.
WOMAN: Mr. Young,
are you expecting a lengthy...
(music playing)
GAMBLE: Ellenor, wait.
The assault case
you're handling this morning,
my office is short-handed,
and I had to assign
another A. D. A.
I don't care
who I'm up against.
(sighs)
It's Mitchell Wheeler.
Helen,
do I have to remind you
he offered my client
a reduced sentence
in exchange for a look
at my breasts?
GAMBLE: I know,
and Judge Kittleson said
the two of you shouldn't be
trying cases together,
but I don't have a choice.
Well, obviously
I don't have a choice.
GAMBLE:
Ellenor, I promise,
If he so much
as makes one single
inappropriate remark,
or looks at you
in any way that resembles
sexual harassment,
I will severely
reprimand him.
Yeah, I'm sure
he'd like that
if a spanking
was part of the bargain.
(sighs)
What matters
is what the jury thinks.
And trust me,
they can't see
the face I'm seeing now.
How can the judge forbid me
from being
with my own daughter?
YOUNG: Tom, try and relax.
We're doing all we can.
Really, this is just
the beginning.
Yesterday was worth a shot,
but the court didn't budge.
If your wife decides
to disconnect
Mary Beth's life-support
before the verdict,
you have to accept that--
TOM: Kelly won't disconnect
life-support.
I received the prosecution's
witness list.
Your wife is on it,
And she's testifying
against you.
We have to cross-examine her.
No.
She's been through
hell already,
and I don't want her going
through any more.
Tom, try to understand what--
I said no, dammit!
You and I don't know
what your wife will say
when she gets up there.
And right now,
you're the one on trial.
The only other person
who could've put your baby
in the hospital is Kelly.
It's either you or her.
I need to go for a walk.
Listen, Tom--
Get out of my way!
Eugene,
I wasn't trying to, uh...
Go for that walk.
And I don't wanna see you
till you've calmed down.
(indistinct chatter)
MITCH: Morning, Ellenor.
Don't talk to me.
And, Ms. Kim, what do you do
in the cosmetics department?
What's your job?
I offer samples of perfume.
MITCH: How do you offer
those samples?
With just a small spray.
That's not how
she doused me.
Ms. Macintosh.
Well, perhaps
you can demonstrate.
A small spray.
Like this.
MITCH: Ms. Kim, when you offered
the defendant a sample,
what happened?
She became angry.
She told me to back off,
then she knocked the bottle
from my hand.
It crashed to the floor,
and glass went everywhere.
I needed four stitches
on my ankle.
Would you indicate
just who threatened you?
There.
MITCH: Thank you, Ms. Kim.
Nothing further, Your Honor.
FRUTT: Ms. Kim,
would you please step down?
Your Honor,
with your permission,
I'd also ask that my client
come forward as well.
Perhaps by reenacting
what happened,
the jury would get a better
sense of what went on that day.
MITCH: Your Honor, the defendant
hasn't even testified yet.
This is gonna confuse
the jury.
FRUTT: I'm only asking
that the court
extend the same courtesy
to my client
insofar as a demonstration goes.
Get at it, Ms. Frutt.
Ms. Kim, if you will.
Your testimony was that
my client approached,
and for no apparent reason,
she became belligerent.
(screaming)
FULTON: Bailiff! Bailiff!
(gavel banging)
Order in the court!
Order in this court! Order!
Order in the court!
Break it up! Break it up!
Break it up!
FULTON: Order!
Break it up!
Order in the court!
Order in the court!
OFFICER: My partner and me,
we got a call from dispatch
of a baby in distress.
When we arrived at
the defendant's apartment,
we rang the bell
and we knocked on the door.
Did the defendant respond?
Yes.
He said he wasn't able to wake
his baby from her nap.
In fact, he wasn't even sure
she was alive.
GAMBLE: How would you describe
Mr. Goss' demeanor at the time?
Well, he didn't seem upset like
you--like you normally expect.
Objection.
FREEMAN: Sustained.
Just tell us how
the defendant appeared.
He was quiet,
kind of detached.
GAMBLE: All right,
what did you do next?
OFFICER: Well, we were directed
to the bedroom,
where we found the infant
lying faceup in her crib.
She wasn't breathing,
and she appeared cyanotic.
Uh, she was bluish,
meaning she had been
without oxygen
for some time.
Her heart was beating?
My partner found a very weak
pulse while I was bagging.
I was helping her
to breathe.
GAMBLE: During all this time,
was there anyone else
in the apartment?
No, just Mr. Goss.
Tom Goss called 911, correct?
Yes.
So, then, obviously he cared
about his daughter?
Objection, speculation.
Overruled.
It didn't seem
that he cared.
YOUNG: Are you telling me
that in all the time
you've been an EMT,
you've never witnessed
anyone react
the way Mr. Goss reacted?
If my baby had stopped
breathing, I don't--
But this wasn't your baby.
Isn't it possible,
believing his daughter was dead
that my client was in shock?
Okay, sure, but I was--
Were there any signs
of bruising?
I didn't notice any.
Any signs of abuse
whatsoever?
OFFICER: Look, this was
an emergency response.
I was there to save a life.
It would have been
impossible for me
to notice everything.
That's exactly my point.
Nothing further.
Prosecution calls
Dr. Daniel Taylor,
a Pediatric Care Specialist
at Boston General.
TAYLOR: I've been
at Boston General 22 years,
Chief of Pediatrics for 12.
Were you involved
in baby "M"'s care?
TAYLOR: From the beginning.
She was born
six weeks premature.
GAMBLE: Did she suffer
any complications
as a result of her
premature birth?
Well, her cardiovascular,
respiratory,
and even neurological systems
were all underdeveloped,
but I expected her to mature
into a healthy child.
How many times did baby "M"
visit your office?
Over eight months,
about sixteen times.
GAMBLE: Who would bring her?
Almost always Mr. Goss.
In about the third month,
I started seeing indications
that something was wrong.
And on one visit,
I noticed that the baby's
left leg was bruised.
GAMBLE: Did you ask
Mr. Goss about it?
TAYLOR: He thought
perhaps she had rolled
against the side of her crib.
There had been no bruising
before that incident,
so I didn't think
much about it.
Was there a second incident?
Sidebar, Your Honor?
Quickly.
We've been over this pretrial.
She can't bring up
the prior bruises.
There's no evidence
linking them to my client.
It's prejudicial.
This is the treating physician,
an expert witness
who can testify
what he based his opinion on.
You've got no proof
and no connection to my client.
He can explain his opinion.
It's prejudicial.
GAMBLE: Oh, come on,
what is it, Eugene?
You afraid the jury's
gonna see your client
for the lowlife he is?
FREEMAN: Enough.
I'm going to give the jury
a limiting instruction
and permit this line
of questioning,
for a while, Ms. Gamble,
but you're on a short leash.
That's crap, and you know it.
You better check
your emotions, Counselor.
Whatever your personal animus
might be towards me,
you're not acting in the best
interest of your client.
I suggest that you get a grip
before you jeopardize him
even further.
Let me help you.
Take a recess.
She'll be fine.
In fact,
probably a little bit richer
since the prosecution's witness
flipped out on her.
Why were charges filed
in the first place?
Because the woman
is off her nut,
and Mitchell Wheeler
is a horse's ass.
What do you want?
Two minutes.
Please.
You've got one minute.
When I offered to reduce
your client's sentence
to see your breasts,
I not only obstructed justice,
I hurt you.
We were friends.
I don't think you realize
just how much you hurt me.
MITCH: You accused me
in front of Judge Kittleson.
I was blindsided.
Uh, all I could think
to do was accuse you.
This isn't sounding like
an apology, Mitchell.
Try to understand,
it was either embarrass you,
or get disbarred.
You made the wrong choice.
I know.
And if I could do it
all over again,
I'd own up to my behavior.
Ellenor...
I'm sorry I hurt you,
and I hope that someday
you're able to forgive me.
Um, if you want to speak
to Judge Kittleson,
then I'll back you up.
Do not make this
my responsibility.
I don't even know
why I'm listening.
You accused and humiliated me
in open court,
and then crushed me
by suggesting I needed
psychological help.
You are a real bastard.
(sighs)
I don't want you
asking me if I'm okay.
All right?
GAMBLE: So, Doctor,
it was your phone call
to Social Services
that resulted
in the defendant's arrest?
TAYLOR: Yes.
There was a second incident.
This time, there was a more
pronounced set of bruises.
GAMBLE: What did
the defendant say?
He made no explanation
and that concerned me.
I made a notation in the file
and said I wanted to see
baby "M" after one week
instead of the usual two.
Unfortunately,
that appointment
was never kept.
GAMBLE: Please tell
the jury why.
TAYLOR: Baby "M" was rushed
to the hospital
before that day arrived.
When I was notified,
I went immediately
to the emergency room myself.
You can imagine what I felt
when I saw that this child
had nearly been murdered.
Objection, move to strike.
FREEMAN: Sustained.
The jury will disregard.
Just tell us
what you observed.
We did a C. T. scan,
which showed severe
swelling of the brain,
the kind of swelling
we'd expect
when a child
is shaken violently.
In addition, baby "M"'s arms
were bruised,
consistent with being held
tightly in that area.
But most telling
was the bilateral
retinal hemorrhaging.
What would cause
the hemorrhaging?
TAYLOR: In an infant?
Aggressive shaking.
The force of such movement
is more than enough
to cause injury.
It's my medical opinion
that baby "M"
was shaken almost to death.
GAMBLE: Is there any way
to determine
when the incident occurred?
Not with precision,
but based on my experience,
it's my opinion
that this occurred
no more than 12 hours
prior to baby "M"'s arrival
at the hospital.
Did you mention that
to Mr. Goss?
TAYLOR: Yes. He said
it was impossible,
that the baby hadn't been
out of his sight all day.
YOUNG: Dr. Taylor...
isn't it possible that this
child's injuries occurred
a full 72 hours prior
to her arrival
at the hospital?
That's extremely unlikely.
The question
is whether it's possible.
Shaken baby syndrome
can manifest itself
up to three full days
after the baby's
been shaken, correct?
That's very rare.
YOUNG: But you don't
have any idea
who handled that baby
in the three days
before the crisis, do you?
No, I don't.
YOUNG: You claim
you saw bruising
on the child's leg,
and even more
pronounced bruises
on the next several visits.
TAYLOR: Yes, and as
I'm sure you know,
you can find those noted
in her chart.
YOUNG: If you'd become
so concerned,
why didn't you notify
Social Services
prior to the date
of the emergency?
I wish to God I had.
But at the time,
I couldn't be sure of abuse.
YOUNG: Yes, but you
aren't any more sure now
than you were then.
Those bruises were consistent
with abuse, Mr. Young.
When I arrived at the hospital
to evaluate the baby,
I had no doubt whatsoever
she was shaken.
And you know that because you
saw the swelling of the brain
as well as the retinal
hemorrhaging?
TAYLOR: That's correct.
Well, couldn't the swelling
have been caused
by a cerebral aneurysm?
I conducted a C. T. scan.
I would have seen
an aneurysm on that scan.
What's more,
an aneurysm alone
wouldn't explain
retinal hemorrhaging.
YOUNG: Isn't it possible,
if not likely
that a loving father,
in shock
upon seeing that
his child isn't breathing,
might lift up that child
and try reviving her,
and in that moment of fear,
produce the retinal
hemorrhaging
of which you're
talking about?
I highly doubt that.
YOUNG: You may doubt it,
but the fact is,
you don't know to a medical
certainty when this happened.
And unless you were there,
you don't know who,
if anyone, is responsible.
Objection, argumentative.
Overruled.
This could have been
an accident.
This was not an accident.
Then for all you know,
Doctor,
Mrs. Goss is the one
who harmed her child.
Kelly would never hurt
our daughter!
Please, don't listen to them!
Mr. Goss, sit down!
I told them you
couldn't have done this!
Mr. Goss!
We love our daughter!
Why won't you believe me?!
WASHINGTON:
Tom, sit down.
Sit down.
If anyone's got an idea,
don't hold back now.
The wife ran
from the courtroom?
She's afraid of her husband,
that's what the jury's
gonna think, anyway.
Didn't Eugene cut down
the paramedic
and make good points
with the Doctor?
YOUNG: He's Chief
of Pediatrics, Jimmy,
not some intern.
He was effective.
And any points I made
were forgotten
when Tom lost control.
Is it really that bad?
It's not good.
And right now,
Tom Goss is our biggest problem.
Why not have him testify?
YOUNG: That's not an option.
He's too unpredictable.
Okay.
So who do they have next?
YOUNG: The wife.
Rebecca, you ready?
I'll do what I can.
DONNELL: Rebecca,
we need this.
I understand,
but Tom is still the key.
If he won't give us anything
to attack her with on cross,
he's going to prison.
(knocks on door)
Are you stalking me now?
I need to speak with you.
I've been standing outside
for over an hour.
You're pathetic,
you know that?
Come in and warm up
before I kick you out.
MITCH: The cops did a more
thorough background check.
Seems Catherine Kim's
been involved
in two similar incidents
prior to this one.
I've advised my client
to sue.
What you said
this afternoon,
I want you to know
I heard you.
But I also
want you to know,
immediately after what happened
in Kittleson's courtroom,
I started to take stock
of myself.
My divorce is final
in three weeks.
This is my last case
with the D. A.'s office.
I quit today.
If I--
if I was capable
of propositioning you
in exchange
for a lighter sentence,
I mean if I was able
to betray
our close friendship
like that,
then I needed
to examine my life.
Ellenor...
I am so...
so sorry.
(inhales deeply)
(machine beeping)
GAMBLE: Oh, I'm sorry.
I didn't mean to startle you.
It's okay.
You just left court so quickly.
I thought
I'd find you here.
Is there anything
I can do to help?
Would you sit here
with me?
You don't need to stay long.
Just--
Of course.
WOMAN (over PA):
Dr. (indistinct)
I keep hearing
Dr. Taylor
about how Mary Beth
will probably
never walk...
or talk.
Is that a life?
God, maybe things would
have been different
if I had just...
GAMBLE: Look,
you can't blame yourself
for your daughter
being in a coma.
I don't know what to do.
GAMBLE: Well, right now there's
no reason to do anything.
If I take her off
the respirator--
I'm suggesting you wait.
(sighs) Should I talk to Tom?
You can't.
There's a restraining order.
(alarm ringing)
What's wrong?
What's happening?
What's happening?
Somebody get a doctor!
Somebody, please!
Help my baby!
NURSE: Doctor, her baby!
NURSE : She has a low
(indistinct) check it now.
KELLY: Oh, what's happening?
What's happening?
(music playing)
Wow.
The most bizarre thing
just happened.
I thought I saw
Mitchell Wheeler
running out of here
half-dressed.
That was Mitchell and I know
what you're gonna say.
I don't know
what I'm going to say.
I know. It seems crazy.
I was in love with Mitchell
all through college.
We were really close
and we studied together.
We slept on
each other's couches.
He flirted with me
all the time.
But he never--
he always had some
trophy girl on his arm
and then...
last night it was just
about so many things.
Validation
for all of those years
that I loved him
and he made me
feel desirable
that maybe...
something like this
is possible for me.
But honestly...
I have no idea
what I'm doing.
If it's what you wanted,
I'm happy for you.
But, Ellenor,
after what he did to you,
it's none of my business.
WASHINGTON: Your wife
was right there with her.
Mary Beth?
She's all right?
She's fine.
It was a small seizure.
I wanna see my daughter.
The judge can't do this.
It is unfair
to Mary Beth or Kelly.
I need to testify.
I wanna tell my side
of what happened.
You did damage to yourself
in court yesterday.
The jury won't forget that.
What better reason
for them to hear
what I have to say
to explain--
YOUNG: Explain what?
How you lose control
with your wife, with me,
with your daughter?
How can you say that?
Right now,
nobody's gonna believe you.
It's your decision.
But my advice
is you sit in that court
and keep quiet.
The D. A. is putting your wife
on the stand today.
Tom, I have
to cross-examine her.
No.
You wanna cross-examine Kelly
and suggest that
the mother of my child
is responsible
for what happened.
Tom, did you hurt your baby?
No.
Can you look me in the eye
and tell me your wife didn't?
(music playing)
Then you owe it to your child
to allow us to try
and find out the truth.
Donnell, Young,
Dole, and Frutt.
Yeah, just one moment.
It's the doctor
from Boston General
returning your call.
Oh great.
Hi.
Hello?
Hi, thanks
for calling me back.
Yeah, he's sitting
right here.
Oh, good, great.
What were you able
to find out? Uh-huh.
Hey, Zoe.
Your nanny canceled, too?
Yeah, five car accidents
got the Fitzgerald
backed up to Brooklyn.
I told her
not to bother.
Where are you going,
half-day?
Half-day seminar,
Rape Crisis Center.
Oh, who's gonna answer
the phone?
I told you about this
a week ago.
Honey, honey,
will you take the baby?
Hmm.
I'll try not to be
too long.
Ellenor, we're going
to Boston General.
Wait, is something wrong?
Nothing.
I need your bad cop
for my good cop.
Why am I always the bad cop?
I'll explain on the way.
Here.
Uh, uh, uh, no, no way.
FRUTT: Your wife
has asked me to help.
He needs
a diaper, okay?
Hey, and if she's hungry,
there are snacks
in the bag.
Your Honor,
the prosecution calls
Kelly Goss to the stand.
Whatever happens,
keep quiet
and just sit there.
KELLY: The baby was crying...
a lot.
She wouldn't sleep
for more than an hour at a time.
And with the visits
to Dr. Taylor's,
the bills,
Tom and I were falling apart.
How did Tom adjust
to his new life?
Not well.
After losing his job,
he always seemed
to be on edge.
Uh, he has
a short temper anyway.
Objection.
Sustained.
Did you ever see
your husband hit the baby
or hurt her physically
in any way?
No. But...
he yelled at her
sometimes.
I already said
she was crying all the time.
GAMBLE: And during this time,
how are you and your husband
getting along?
We loved each other,
but we had these fights.
And once Tom was so upset,
he said he felt trapped
and he wished that we'd never
even had the baby.
I don't think he meant it,
but he said it
and it scared me.
GAMBLE: What was your
daughter's condition
the night before she was taken
to the emergency room?
Well, she was crying
almost constantly.
We were up
most of the night.
Finally,
about 4:00 in the morning,
she quieted down.
And I didn't see her
before I went to work
the next day.
GAMBLE: When was the next time
you saw her?
That night at the hospital.
Mrs. Goss, your husband
wasn't the only one
falling apart, was he?
Things were hard
on both of us.
In fact,
after giving birth,
you suffered from
postpartum depression,
isn't that right?
Objection, Your Honor.
Relevance?
A little leeway.
I'll show the relevance.
With caution, Counsel.
You were so depressed
you started drinking,
didn't you?
My drinking
was never a problem.
You were reprimanded at work.
You nearly lost your job.
I hated my job.
And when I came home
at night,
there was even more work
with the baby.
And that made you angry,
didn't it?
You fought
with your husband
because he was concerned
you were losing control.
I would never harm
my child.
Mrs. Goss, one week prior
to the emergency,
did you shake your baby
outside the apartment
in the hall?
What?
WASHINGTON: You were juggling
a bag of groceries
and your daughter was crying?
GAMBLE: Your Honor?
WASHINGTON: You heard
the phone ring inside
and you had trouble
with the door.
Your Honor, objection.
FREEMAN: Overruled.
Wasn't your neighbor
standing in the hall
and didn't she see you
shake your baby
in anger and frustration?
Absolutely not.
That isn't true.
The night before
the emergency,
you said your daughter kept you
awake for most of the night
until she fell asleep
about 4:00 in the morning?
That's right.
Mrs. Goss,
weren't you the last one
to look in on your child
that night?
Your daughter was crying
when you went in,
but she wasn't crying
when you came out.
Your little baby didn't cry
the rest of the night, did she,
or the next morning
when, by your own testimony,
you left for work
without even going back
into that room
and checking in on her?
I would never ever
hurt my baby.
I have nothing further.
Before any redirect,
we'll take a 20-minute recess.
(indistinct chatter)
Eugene, are you still
crossing Mrs. Goss?
Just finished.
Well, you'll need
to recall a witness.
You confirmed this?
GAMBLE: We've checked into it,
Your Honor.
It's all been confirmed.
Yes.
How could this happen?
(knocks on door)
I think we're about
to find out.
Come in.
(door opens)
Hello, everyone.
FREEMAN: Dr. Taylor,
I asked you here
because there's been
a development.
Ms. Gamble?
Baby "M" had
a seizure last night
and again
early this morning.
Apparently, the hospital
ran some tests.
On whose authority?
I wasn't informed
of any of this.
On the authority
of Kelly Goss.
WASHINGTON:
The tests show the baby
actually suffers
from meningococcemia.
Did I say that correctly,
Dr. Taylor?
The illness presents
with most of
the same symptoms.
Look over the record,
if you'd like.
A spinal tap revealed
diffused encephalitis.
You can't blame me for this.
Based on the parents
and the child's history
and the symptoms that I saw,
my diagnosis
is completely justifiable.
You blew it.
What gives you the right
to tell me what--
If you'd have caught
this early,
a simple course of antibiotics
would have been enough.
But you didn't catch it
because you didn't look.
And you didn't look
because you'd seen enough.
As far as
you were concerned,
the parents
were not only suspect,
the father was guilty.
And as a result,
you almost killed
their child.
You blew it.
FRUTT: You don't waste time.
MITCH: Hey.
You're not
a little scared?
(chuckles)
No.
I'm terrified.
Maybe that's why I'm only
running away for a week.
Where'd you decide to go?
Scotland.
I've wanted to visit
for as long as I could remember.
Plus...
It's far away.
There's that.
Do you regret last night?
No.
Come with me.
"Come with me?"
There was a time that
I would have sold my soul
to hear you
say that to me.
Come with me.
Mitchell...
I don't trust you.
I may love you,
but I don't trust you.
Not now.
MITCH: Oh, Ellie...
I've wasted so much time.
But you have to forgive me.
It's not a question
of forgiveness.
You have that,
or I wouldn't be here.
And I can't believe
I'm saying this
after all these years,
but I am not willing
to risk myself
or my daughter
for something I have never
been able to trust
in the past.
It's a brave thing
what you're doing.
A necessary thing.
But you can't do it
with me.
Then I wanna change that.
Ellie...
if nothing else...
please believe that
my love for you is real.
I hope you find
what you're looking for.
Goodbye, Mitchell.
(music playing)
(machine beeping)
GAMBLE: Six years ago,
I took my grandmother
off life-support.
I've regretted it
ever since.
WOMAN (over PA):
Dr. Bullet to X-ray.
Dr. Bullet to X-ray.
You wondered
if this is a life?
Kelly,
you and your husband
created this life
together.
And although
I can't even imagine
how painful it must be
to see what's happened,
and to know
she won't get much better,
she's still your baby.
The sickness
and Dr. Taylor,
this case...
it almost cost you
your daughter
and your marriage.
I don't know.
Maybe too much
has happened
between you
and your husband, but...
well, at least try
to get through it
together.
You deserve that.
So does Mary Beth.
(music playing)
Good luck, Mr. Goss.
(music playing)
YOUNG: Next on The Practice.
Mr. McIntyre, he was like
an uncle to me.
This man
killed your father.
I don't wanna sound flip
but that isn't much
of an uncle.
CHARLES:
I saw Mr. McIntyre's photo
in the newspaper
yesterday morning,
he just isn't
who I saw that night.
You just screwed me over
in this case.
And if McIntyre walks
because of it,
I'm gonna take that
very personally.
They plead it down
to a misdemeanor.
You don't have
to serve any time.
You, you gave me
a second life.
Stay away from this
kind of thing, okay?
Yeah. Yeah.
I got jammed up again.
I'm really busy.
Oh, I held up
a convenience store.
(music playing)
WOMAN: You stinker!
Previously on The Practice...
FRUTT: Mitchell, come on.
I'm going
to the favor bank here.
I will give you anything.
MITCH: Anything?
Take off your shirt.
So if I have sex with you,
you'll cut a deal?
I am extremely sorry
for my inappropriate behavior.
Obviously any deal predicated
on a sexual relationship
is wrong and hereby
off the table.
FRUTT: You know, Mitchell,
I am getting this
sickening feeling
that your offer
wasn't pulled
because of conscience,
but because
I wouldn't go for it.
KITTLESON:
Was sex put on the table
as part of a plea bargain?
Yes, by Ms. Frutt.
FRUTT: You think
that I would resort
to making up
this kind of story?
KITTLESON: Ellenor,
I'm inclined to believe you,
but trust me
when I advise you,
let this drop.
Don't do any more
cases with him.
MITCHELL: We want you to offer
Judge Fleming a bribe.
Which brings you to me,
is that right?
You'd like
to make a deal, too.
If possible,
Your Honor, yes.
$10,000.
Judge Charles Fleming?
What's going on?
AGENT: You're under arrest
for accepting bribes.
FLEMING: I have done
nothing illicit.
What I did do was expedite cases
that came before me.
If I benefited from such,
well, then, so be it.
You have cast out
the dirty judge.
Justice is restored.
(gunshot)
MAN: Hey, guys, here they are.
WOMAN: Come on, let's go.
Mr. Young...
(overlapping chatter)
YOUNG: That's correct,
Your Honor.
We are seeking
an immediate modification
of the court's previously issued
conditions of release.
Yes. Just a moment.
$50,000 bail,
the stay-away order
forbidding contact
with the wife or child,
and the suspension
of any rights
to make health
and welfare decisions
regarding that child.
Those rights shall reside
with the mother.
This all seems equitable,
given the seriousness
of the crime
with which your client
has been charged.
I'd ask you to consider
the nightmare
in which my client
finds himself.
GAMBLE: Your Honor, Mr. Goss
created that nightmare
by putting his daughter
in a coma.
Mr. Goss is innocent.
He has been baby "M"'s
primary caregiver
while his wife worked,
and now his child is sick.
YOUNG: But under
this court order,
he is neither permitted
to see his child,
nor to make critical
medical decisions
that could determine
whether she lives or dies.
Then you do understand
my decision.
YOUNG: The fact remains,
my client's rights as a parent
should not be denied
simply because
he's been charged with a crime.
We're going in circles here.
This father is requesting
that every effort be made
to save the life
of his child.
GAMBLE: He knows
if his child dies,
he will be facing this jury
on murder charges.
This is about baby "M."
Where is your compassion?
I have no compassion for a man
who beats an innocent child.
FREEMAN: All right,
that's enough.
Till Mr. Goss is cleared
of the charges made against him,
I have no intention
of endangering anyone.
FREEMAN: The court's conditions
for release,
including those
involving your client,
to keep him away from seeing
his wife and child stand.
FREEMAN: And if Mr. Goss
refuses to abide
by those conditions,
I'll throw him in jail.
Now, if there's
nothing else.
Your Honor, may I approach?
(people whispering)
For the record,
I respectfully point out
that you and the late
Judge Fleming
were close friends.
I'd also make it clear
that my partner, Bobby Donnell,
was recruited
by the U. S. Attorney's Office.
And the fact that Judge Fleming
took his own life
after his wrongdoings
were uncovered, so--
What are you implying?
The court's duty
is to set reasonable bail.
And perhaps you have undue
prejudice towards my client
since you may wrongly assume
that Mr. Donnell
was somehow responsible
for Judge Fleming's death.
I move that you recuse yourself.
Mr. Young,
I lost a dear friend,
and for that, I'm saddened.
But hear me now,
don't you ever walk
into my courtroom
and insult my integrity.
Otherwise, I'll find you
in contempt so fast,
your teeth will spin.
Your motion is denied.
FREEMAN: We're adjourned
until tomorrow,
when this trial will begin.
(gavel bangs)
(music playing)
We're taking a big chance.
Yeah, but now if we lose,
we can raise
the judge's bias on appeal.
BERLUTI: This case is as ugly
as it gets,
and it just got
a lot uglier.
WOMAN: Mr. Young,
are you expecting a lengthy...
(music playing)
GAMBLE: Ellenor, wait.
The assault case
you're handling this morning,
my office is short-handed,
and I had to assign
another A. D. A.
I don't care
who I'm up against.
(sighs)
It's Mitchell Wheeler.
Helen,
do I have to remind you
he offered my client
a reduced sentence
in exchange for a look
at my breasts?
GAMBLE: I know,
and Judge Kittleson said
the two of you shouldn't be
trying cases together,
but I don't have a choice.
Well, obviously
I don't have a choice.
GAMBLE:
Ellenor, I promise,
If he so much
as makes one single
inappropriate remark,
or looks at you
in any way that resembles
sexual harassment,
I will severely
reprimand him.
Yeah, I'm sure
he'd like that
if a spanking
was part of the bargain.
(sighs)
What matters
is what the jury thinks.
And trust me,
they can't see
the face I'm seeing now.
How can the judge forbid me
from being
with my own daughter?
YOUNG: Tom, try and relax.
We're doing all we can.
Really, this is just
the beginning.
Yesterday was worth a shot,
but the court didn't budge.
If your wife decides
to disconnect
Mary Beth's life-support
before the verdict,
you have to accept that--
TOM: Kelly won't disconnect
life-support.
I received the prosecution's
witness list.
Your wife is on it,
And she's testifying
against you.
We have to cross-examine her.
No.
She's been through
hell already,
and I don't want her going
through any more.
Tom, try to understand what--
I said no, dammit!
You and I don't know
what your wife will say
when she gets up there.
And right now,
you're the one on trial.
The only other person
who could've put your baby
in the hospital is Kelly.
It's either you or her.
I need to go for a walk.
Listen, Tom--
Get out of my way!
Eugene,
I wasn't trying to, uh...
Go for that walk.
And I don't wanna see you
till you've calmed down.
(indistinct chatter)
MITCH: Morning, Ellenor.
Don't talk to me.
And, Ms. Kim, what do you do
in the cosmetics department?
What's your job?
I offer samples of perfume.
MITCH: How do you offer
those samples?
With just a small spray.
That's not how
she doused me.
Ms. Macintosh.
Well, perhaps
you can demonstrate.
A small spray.
Like this.
MITCH: Ms. Kim, when you offered
the defendant a sample,
what happened?
She became angry.
She told me to back off,
then she knocked the bottle
from my hand.
It crashed to the floor,
and glass went everywhere.
I needed four stitches
on my ankle.
Would you indicate
just who threatened you?
There.
MITCH: Thank you, Ms. Kim.
Nothing further, Your Honor.
FRUTT: Ms. Kim,
would you please step down?
Your Honor,
with your permission,
I'd also ask that my client
come forward as well.
Perhaps by reenacting
what happened,
the jury would get a better
sense of what went on that day.
MITCH: Your Honor, the defendant
hasn't even testified yet.
This is gonna confuse
the jury.
FRUTT: I'm only asking
that the court
extend the same courtesy
to my client
insofar as a demonstration goes.
Get at it, Ms. Frutt.
Ms. Kim, if you will.
Your testimony was that
my client approached,
and for no apparent reason,
she became belligerent.
(screaming)
FULTON: Bailiff! Bailiff!
(gavel banging)
Order in the court!
Order in this court! Order!
Order in the court!
Break it up! Break it up!
Break it up!
FULTON: Order!
Break it up!
Order in the court!
Order in the court!
OFFICER: My partner and me,
we got a call from dispatch
of a baby in distress.
When we arrived at
the defendant's apartment,
we rang the bell
and we knocked on the door.
Did the defendant respond?
Yes.
He said he wasn't able to wake
his baby from her nap.
In fact, he wasn't even sure
she was alive.
GAMBLE: How would you describe
Mr. Goss' demeanor at the time?
Well, he didn't seem upset like
you--like you normally expect.
Objection.
FREEMAN: Sustained.
Just tell us how
the defendant appeared.
He was quiet,
kind of detached.
GAMBLE: All right,
what did you do next?
OFFICER: Well, we were directed
to the bedroom,
where we found the infant
lying faceup in her crib.
She wasn't breathing,
and she appeared cyanotic.
Uh, she was bluish,
meaning she had been
without oxygen
for some time.
Her heart was beating?
My partner found a very weak
pulse while I was bagging.
I was helping her
to breathe.
GAMBLE: During all this time,
was there anyone else
in the apartment?
No, just Mr. Goss.
Tom Goss called 911, correct?
Yes.
So, then, obviously he cared
about his daughter?
Objection, speculation.
Overruled.
It didn't seem
that he cared.
YOUNG: Are you telling me
that in all the time
you've been an EMT,
you've never witnessed
anyone react
the way Mr. Goss reacted?
If my baby had stopped
breathing, I don't--
But this wasn't your baby.
Isn't it possible,
believing his daughter was dead
that my client was in shock?
Okay, sure, but I was--
Were there any signs
of bruising?
I didn't notice any.
Any signs of abuse
whatsoever?
OFFICER: Look, this was
an emergency response.
I was there to save a life.
It would have been
impossible for me
to notice everything.
That's exactly my point.
Nothing further.
Prosecution calls
Dr. Daniel Taylor,
a Pediatric Care Specialist
at Boston General.
TAYLOR: I've been
at Boston General 22 years,
Chief of Pediatrics for 12.
Were you involved
in baby "M"'s care?
TAYLOR: From the beginning.
She was born
six weeks premature.
GAMBLE: Did she suffer
any complications
as a result of her
premature birth?
Well, her cardiovascular,
respiratory,
and even neurological systems
were all underdeveloped,
but I expected her to mature
into a healthy child.
How many times did baby "M"
visit your office?
Over eight months,
about sixteen times.
GAMBLE: Who would bring her?
Almost always Mr. Goss.
In about the third month,
I started seeing indications
that something was wrong.
And on one visit,
I noticed that the baby's
left leg was bruised.
GAMBLE: Did you ask
Mr. Goss about it?
TAYLOR: He thought
perhaps she had rolled
against the side of her crib.
There had been no bruising
before that incident,
so I didn't think
much about it.
Was there a second incident?
Sidebar, Your Honor?
Quickly.
We've been over this pretrial.
She can't bring up
the prior bruises.
There's no evidence
linking them to my client.
It's prejudicial.
This is the treating physician,
an expert witness
who can testify
what he based his opinion on.
You've got no proof
and no connection to my client.
He can explain his opinion.
It's prejudicial.
GAMBLE: Oh, come on,
what is it, Eugene?
You afraid the jury's
gonna see your client
for the lowlife he is?
FREEMAN: Enough.
I'm going to give the jury
a limiting instruction
and permit this line
of questioning,
for a while, Ms. Gamble,
but you're on a short leash.
That's crap, and you know it.
You better check
your emotions, Counselor.
Whatever your personal animus
might be towards me,
you're not acting in the best
interest of your client.
I suggest that you get a grip
before you jeopardize him
even further.
Let me help you.
Take a recess.
She'll be fine.
In fact,
probably a little bit richer
since the prosecution's witness
flipped out on her.
Why were charges filed
in the first place?
Because the woman
is off her nut,
and Mitchell Wheeler
is a horse's ass.
What do you want?
Two minutes.
Please.
You've got one minute.
When I offered to reduce
your client's sentence
to see your breasts,
I not only obstructed justice,
I hurt you.
We were friends.
I don't think you realize
just how much you hurt me.
MITCH: You accused me
in front of Judge Kittleson.
I was blindsided.
Uh, all I could think
to do was accuse you.
This isn't sounding like
an apology, Mitchell.
Try to understand,
it was either embarrass you,
or get disbarred.
You made the wrong choice.
I know.
And if I could do it
all over again,
I'd own up to my behavior.
Ellenor...
I'm sorry I hurt you,
and I hope that someday
you're able to forgive me.
Um, if you want to speak
to Judge Kittleson,
then I'll back you up.
Do not make this
my responsibility.
I don't even know
why I'm listening.
You accused and humiliated me
in open court,
and then crushed me
by suggesting I needed
psychological help.
You are a real bastard.
(sighs)
I don't want you
asking me if I'm okay.
All right?
GAMBLE: So, Doctor,
it was your phone call
to Social Services
that resulted
in the defendant's arrest?
TAYLOR: Yes.
There was a second incident.
This time, there was a more
pronounced set of bruises.
GAMBLE: What did
the defendant say?
He made no explanation
and that concerned me.
I made a notation in the file
and said I wanted to see
baby "M" after one week
instead of the usual two.
Unfortunately,
that appointment
was never kept.
GAMBLE: Please tell
the jury why.
TAYLOR: Baby "M" was rushed
to the hospital
before that day arrived.
When I was notified,
I went immediately
to the emergency room myself.
You can imagine what I felt
when I saw that this child
had nearly been murdered.
Objection, move to strike.
FREEMAN: Sustained.
The jury will disregard.
Just tell us
what you observed.
We did a C. T. scan,
which showed severe
swelling of the brain,
the kind of swelling
we'd expect
when a child
is shaken violently.
In addition, baby "M"'s arms
were bruised,
consistent with being held
tightly in that area.
But most telling
was the bilateral
retinal hemorrhaging.
What would cause
the hemorrhaging?
TAYLOR: In an infant?
Aggressive shaking.
The force of such movement
is more than enough
to cause injury.
It's my medical opinion
that baby "M"
was shaken almost to death.
GAMBLE: Is there any way
to determine
when the incident occurred?
Not with precision,
but based on my experience,
it's my opinion
that this occurred
no more than 12 hours
prior to baby "M"'s arrival
at the hospital.
Did you mention that
to Mr. Goss?
TAYLOR: Yes. He said
it was impossible,
that the baby hadn't been
out of his sight all day.
YOUNG: Dr. Taylor...
isn't it possible that this
child's injuries occurred
a full 72 hours prior
to her arrival
at the hospital?
That's extremely unlikely.
The question
is whether it's possible.
Shaken baby syndrome
can manifest itself
up to three full days
after the baby's
been shaken, correct?
That's very rare.
YOUNG: But you don't
have any idea
who handled that baby
in the three days
before the crisis, do you?
No, I don't.
YOUNG: You claim
you saw bruising
on the child's leg,
and even more
pronounced bruises
on the next several visits.
TAYLOR: Yes, and as
I'm sure you know,
you can find those noted
in her chart.
YOUNG: If you'd become
so concerned,
why didn't you notify
Social Services
prior to the date
of the emergency?
I wish to God I had.
But at the time,
I couldn't be sure of abuse.
YOUNG: Yes, but you
aren't any more sure now
than you were then.
Those bruises were consistent
with abuse, Mr. Young.
When I arrived at the hospital
to evaluate the baby,
I had no doubt whatsoever
she was shaken.
And you know that because you
saw the swelling of the brain
as well as the retinal
hemorrhaging?
TAYLOR: That's correct.
Well, couldn't the swelling
have been caused
by a cerebral aneurysm?
I conducted a C. T. scan.
I would have seen
an aneurysm on that scan.
What's more,
an aneurysm alone
wouldn't explain
retinal hemorrhaging.
YOUNG: Isn't it possible,
if not likely
that a loving father,
in shock
upon seeing that
his child isn't breathing,
might lift up that child
and try reviving her,
and in that moment of fear,
produce the retinal
hemorrhaging
of which you're
talking about?
I highly doubt that.
YOUNG: You may doubt it,
but the fact is,
you don't know to a medical
certainty when this happened.
And unless you were there,
you don't know who,
if anyone, is responsible.
Objection, argumentative.
Overruled.
This could have been
an accident.
This was not an accident.
Then for all you know,
Doctor,
Mrs. Goss is the one
who harmed her child.
Kelly would never hurt
our daughter!
Please, don't listen to them!
Mr. Goss, sit down!
I told them you
couldn't have done this!
Mr. Goss!
We love our daughter!
Why won't you believe me?!
WASHINGTON:
Tom, sit down.
Sit down.
If anyone's got an idea,
don't hold back now.
The wife ran
from the courtroom?
She's afraid of her husband,
that's what the jury's
gonna think, anyway.
Didn't Eugene cut down
the paramedic
and make good points
with the Doctor?
YOUNG: He's Chief
of Pediatrics, Jimmy,
not some intern.
He was effective.
And any points I made
were forgotten
when Tom lost control.
Is it really that bad?
It's not good.
And right now,
Tom Goss is our biggest problem.
Why not have him testify?
YOUNG: That's not an option.
He's too unpredictable.
Okay.
So who do they have next?
YOUNG: The wife.
Rebecca, you ready?
I'll do what I can.
DONNELL: Rebecca,
we need this.
I understand,
but Tom is still the key.
If he won't give us anything
to attack her with on cross,
he's going to prison.
(knocks on door)
Are you stalking me now?
I need to speak with you.
I've been standing outside
for over an hour.
You're pathetic,
you know that?
Come in and warm up
before I kick you out.
MITCH: The cops did a more
thorough background check.
Seems Catherine Kim's
been involved
in two similar incidents
prior to this one.
I've advised my client
to sue.
What you said
this afternoon,
I want you to know
I heard you.
But I also
want you to know,
immediately after what happened
in Kittleson's courtroom,
I started to take stock
of myself.
My divorce is final
in three weeks.
This is my last case
with the D. A.'s office.
I quit today.
If I--
if I was capable
of propositioning you
in exchange
for a lighter sentence,
I mean if I was able
to betray
our close friendship
like that,
then I needed
to examine my life.
Ellenor...
I am so...
so sorry.
(inhales deeply)
(machine beeping)
GAMBLE: Oh, I'm sorry.
I didn't mean to startle you.
It's okay.
You just left court so quickly.
I thought
I'd find you here.
Is there anything
I can do to help?
Would you sit here
with me?
You don't need to stay long.
Just--
Of course.
WOMAN (over PA):
Dr. (indistinct)
I keep hearing
Dr. Taylor
about how Mary Beth
will probably
never walk...
or talk.
Is that a life?
God, maybe things would
have been different
if I had just...
GAMBLE: Look,
you can't blame yourself
for your daughter
being in a coma.
I don't know what to do.
GAMBLE: Well, right now there's
no reason to do anything.
If I take her off
the respirator--
I'm suggesting you wait.
(sighs) Should I talk to Tom?
You can't.
There's a restraining order.
(alarm ringing)
What's wrong?
What's happening?
What's happening?
Somebody get a doctor!
Somebody, please!
Help my baby!
NURSE: Doctor, her baby!
NURSE : She has a low
(indistinct) check it now.
KELLY: Oh, what's happening?
What's happening?
(music playing)
Wow.
The most bizarre thing
just happened.
I thought I saw
Mitchell Wheeler
running out of here
half-dressed.
That was Mitchell and I know
what you're gonna say.
I don't know
what I'm going to say.
I know. It seems crazy.
I was in love with Mitchell
all through college.
We were really close
and we studied together.
We slept on
each other's couches.
He flirted with me
all the time.
But he never--
he always had some
trophy girl on his arm
and then...
last night it was just
about so many things.
Validation
for all of those years
that I loved him
and he made me
feel desirable
that maybe...
something like this
is possible for me.
But honestly...
I have no idea
what I'm doing.
If it's what you wanted,
I'm happy for you.
But, Ellenor,
after what he did to you,
it's none of my business.
WASHINGTON: Your wife
was right there with her.
Mary Beth?
She's all right?
She's fine.
It was a small seizure.
I wanna see my daughter.
The judge can't do this.
It is unfair
to Mary Beth or Kelly.
I need to testify.
I wanna tell my side
of what happened.
You did damage to yourself
in court yesterday.
The jury won't forget that.
What better reason
for them to hear
what I have to say
to explain--
YOUNG: Explain what?
How you lose control
with your wife, with me,
with your daughter?
How can you say that?
Right now,
nobody's gonna believe you.
It's your decision.
But my advice
is you sit in that court
and keep quiet.
The D. A. is putting your wife
on the stand today.
Tom, I have
to cross-examine her.
No.
You wanna cross-examine Kelly
and suggest that
the mother of my child
is responsible
for what happened.
Tom, did you hurt your baby?
No.
Can you look me in the eye
and tell me your wife didn't?
(music playing)
Then you owe it to your child
to allow us to try
and find out the truth.
Donnell, Young,
Dole, and Frutt.
Yeah, just one moment.
It's the doctor
from Boston General
returning your call.
Oh great.
Hi.
Hello?
Hi, thanks
for calling me back.
Yeah, he's sitting
right here.
Oh, good, great.
What were you able
to find out? Uh-huh.
Hey, Zoe.
Your nanny canceled, too?
Yeah, five car accidents
got the Fitzgerald
backed up to Brooklyn.
I told her
not to bother.
Where are you going,
half-day?
Half-day seminar,
Rape Crisis Center.
Oh, who's gonna answer
the phone?
I told you about this
a week ago.
Honey, honey,
will you take the baby?
Hmm.
I'll try not to be
too long.
Ellenor, we're going
to Boston General.
Wait, is something wrong?
Nothing.
I need your bad cop
for my good cop.
Why am I always the bad cop?
I'll explain on the way.
Here.
Uh, uh, uh, no, no way.
FRUTT: Your wife
has asked me to help.
He needs
a diaper, okay?
Hey, and if she's hungry,
there are snacks
in the bag.
Your Honor,
the prosecution calls
Kelly Goss to the stand.
Whatever happens,
keep quiet
and just sit there.
KELLY: The baby was crying...
a lot.
She wouldn't sleep
for more than an hour at a time.
And with the visits
to Dr. Taylor's,
the bills,
Tom and I were falling apart.
How did Tom adjust
to his new life?
Not well.
After losing his job,
he always seemed
to be on edge.
Uh, he has
a short temper anyway.
Objection.
Sustained.
Did you ever see
your husband hit the baby
or hurt her physically
in any way?
No. But...
he yelled at her
sometimes.
I already said
she was crying all the time.
GAMBLE: And during this time,
how are you and your husband
getting along?
We loved each other,
but we had these fights.
And once Tom was so upset,
he said he felt trapped
and he wished that we'd never
even had the baby.
I don't think he meant it,
but he said it
and it scared me.
GAMBLE: What was your
daughter's condition
the night before she was taken
to the emergency room?
Well, she was crying
almost constantly.
We were up
most of the night.
Finally,
about 4:00 in the morning,
she quieted down.
And I didn't see her
before I went to work
the next day.
GAMBLE: When was the next time
you saw her?
That night at the hospital.
Mrs. Goss, your husband
wasn't the only one
falling apart, was he?
Things were hard
on both of us.
In fact,
after giving birth,
you suffered from
postpartum depression,
isn't that right?
Objection, Your Honor.
Relevance?
A little leeway.
I'll show the relevance.
With caution, Counsel.
You were so depressed
you started drinking,
didn't you?
My drinking
was never a problem.
You were reprimanded at work.
You nearly lost your job.
I hated my job.
And when I came home
at night,
there was even more work
with the baby.
And that made you angry,
didn't it?
You fought
with your husband
because he was concerned
you were losing control.
I would never harm
my child.
Mrs. Goss, one week prior
to the emergency,
did you shake your baby
outside the apartment
in the hall?
What?
WASHINGTON: You were juggling
a bag of groceries
and your daughter was crying?
GAMBLE: Your Honor?
WASHINGTON: You heard
the phone ring inside
and you had trouble
with the door.
Your Honor, objection.
FREEMAN: Overruled.
Wasn't your neighbor
standing in the hall
and didn't she see you
shake your baby
in anger and frustration?
Absolutely not.
That isn't true.
The night before
the emergency,
you said your daughter kept you
awake for most of the night
until she fell asleep
about 4:00 in the morning?
That's right.
Mrs. Goss,
weren't you the last one
to look in on your child
that night?
Your daughter was crying
when you went in,
but she wasn't crying
when you came out.
Your little baby didn't cry
the rest of the night, did she,
or the next morning
when, by your own testimony,
you left for work
without even going back
into that room
and checking in on her?
I would never ever
hurt my baby.
I have nothing further.
Before any redirect,
we'll take a 20-minute recess.
(indistinct chatter)
Eugene, are you still
crossing Mrs. Goss?
Just finished.
Well, you'll need
to recall a witness.
You confirmed this?
GAMBLE: We've checked into it,
Your Honor.
It's all been confirmed.
Yes.
How could this happen?
(knocks on door)
I think we're about
to find out.
Come in.
(door opens)
Hello, everyone.
FREEMAN: Dr. Taylor,
I asked you here
because there's been
a development.
Ms. Gamble?
Baby "M" had
a seizure last night
and again
early this morning.
Apparently, the hospital
ran some tests.
On whose authority?
I wasn't informed
of any of this.
On the authority
of Kelly Goss.
WASHINGTON:
The tests show the baby
actually suffers
from meningococcemia.
Did I say that correctly,
Dr. Taylor?
The illness presents
with most of
the same symptoms.
Look over the record,
if you'd like.
A spinal tap revealed
diffused encephalitis.
You can't blame me for this.
Based on the parents
and the child's history
and the symptoms that I saw,
my diagnosis
is completely justifiable.
You blew it.
What gives you the right
to tell me what--
If you'd have caught
this early,
a simple course of antibiotics
would have been enough.
But you didn't catch it
because you didn't look.
And you didn't look
because you'd seen enough.
As far as
you were concerned,
the parents
were not only suspect,
the father was guilty.
And as a result,
you almost killed
their child.
You blew it.
FRUTT: You don't waste time.
MITCH: Hey.
You're not
a little scared?
(chuckles)
No.
I'm terrified.
Maybe that's why I'm only
running away for a week.
Where'd you decide to go?
Scotland.
I've wanted to visit
for as long as I could remember.
Plus...
It's far away.
There's that.
Do you regret last night?
No.
Come with me.
"Come with me?"
There was a time that
I would have sold my soul
to hear you
say that to me.
Come with me.
Mitchell...
I don't trust you.
I may love you,
but I don't trust you.
Not now.
MITCH: Oh, Ellie...
I've wasted so much time.
But you have to forgive me.
It's not a question
of forgiveness.
You have that,
or I wouldn't be here.
And I can't believe
I'm saying this
after all these years,
but I am not willing
to risk myself
or my daughter
for something I have never
been able to trust
in the past.
It's a brave thing
what you're doing.
A necessary thing.
But you can't do it
with me.
Then I wanna change that.
Ellie...
if nothing else...
please believe that
my love for you is real.
I hope you find
what you're looking for.
Goodbye, Mitchell.
(music playing)
(machine beeping)
GAMBLE: Six years ago,
I took my grandmother
off life-support.
I've regretted it
ever since.
WOMAN (over PA):
Dr. Bullet to X-ray.
Dr. Bullet to X-ray.
You wondered
if this is a life?
Kelly,
you and your husband
created this life
together.
And although
I can't even imagine
how painful it must be
to see what's happened,
and to know
she won't get much better,
she's still your baby.
The sickness
and Dr. Taylor,
this case...
it almost cost you
your daughter
and your marriage.
I don't know.
Maybe too much
has happened
between you
and your husband, but...
well, at least try
to get through it
together.
You deserve that.
So does Mary Beth.
(music playing)
Good luck, Mr. Goss.
(music playing)
YOUNG: Next on The Practice.
Mr. McIntyre, he was like
an uncle to me.
This man
killed your father.
I don't wanna sound flip
but that isn't much
of an uncle.
CHARLES:
I saw Mr. McIntyre's photo
in the newspaper
yesterday morning,
he just isn't
who I saw that night.
You just screwed me over
in this case.
And if McIntyre walks
because of it,
I'm gonna take that
very personally.
They plead it down
to a misdemeanor.
You don't have
to serve any time.
You, you gave me
a second life.
Stay away from this
kind of thing, okay?
Yeah. Yeah.
I got jammed up again.
I'm really busy.
Oh, I held up
a convenience store.
(music playing)
WOMAN: You stinker!