The Practice (1997–2004): Season 7, Episode 4 - The Cradle Will Rock - full transcript

DOLE: Previously
on "The Practice"...

WALSH:
I've reviewed your plea offer.

It's rejected.
Why?

WALSH:
Because your wife committed

first-degree murder.

This just came through the fax.

FRUTT:
It is an internal memorandum,

which says the victim
was likely moving

towards Lindsay Dole.

It's work product.
It's exculpatory.

WALSH: It's part
of our internal investigation.



It's work product.

You gave them that report.

It was about giving defense
a document

they're entitled to have.

Why didn't you at least
have the integrity

to be upfront about it?

Before you add me
to a list of people

that are out to get you,

when I started here,

I wanted to be you.

WEST: I find your misconduct

to be deliberate, egregious,

and outrageous.

I am dismissing the indictment
with prejudice.



The defendant
is to be released immediately.

DOLE: Take me home.

Am I wrong?

Tell me if I'm wrong.
You're not wrong.

I certainly don't wanna force
their hand, but--

Let's go.

Sorry to keep you.

Listen.

For many reasons we feel,

and we feel strongly,

we should plead guilty

to manslaughter.
What?

YOUNG: Roland,
they have a strong case.

Our defense,
our entire defense,

is predicated
on religious freedom,

which at this moment
in time

has become one of our less
precious civil liberties.

If you read
the newspapers, you...

We don't.

Well, if you would,

you'd get a pretty good gauge

on the public's reaction.

We don't care
with the public things.

YOUNG: To the extent,
it reflects the attitude

of your peers.

You need to care.

Twelve members of the public

will be sitting
in that jury box.

The layperson is outraged

that you didn't take
your son to a hospital.

John Q. has no use
for Christian Science

other than to train his dog
with your newspaper.

Roland,
you picked a bad time

to let somebody die
in the name of a God.

And it is our united view

that if we push this to trial,

both of you could go
to prison for life.

DONNELL:
You're both decent people.

We don't question you.

We know you did what you
believed would save Peter.

But you will lose at trial.

We need to take the deal.

Okay.

(music playing)

The public's not
gonna be happy with a plea,

I'll tell you that.
It's "pound of flesh" time.

You think the public's
gonna be disappointed?

Try Helen. She's been biting
the furniture

getting ready for this one.

Hello.

Hi.
Hey.

WASHINGTON: I thought you
weren't coming back.

So soon.

Well, uh--

hi.

Hi.

Jamie Stringer.

I'm a big fan of yours.

I'm so totally at your desk.
Let me move.

Congratulations
on being cleared.

It was so overdue.

Actually, I wasn't cleared.

I got out on a technicality,
but thank you.

I am so totally
at your desk.

(glass breaks)

What the--

Pat, are you all right?

If you want something,
go around.

First of all,
what's going on?

Are you leaving?

I'm done.

Retiring.

You're retiring?

I can't make the rent.

I'm being evicted.

Did you throw this?

That's mine.

Yeah. It came through
our window.

I must have overshot the box.

FRUTT: Overshot it?

It sailed halfway
into our office.

Sorry.

And the plea of manslaughter
is acceptable

to the Commonwealth?

Yes, Your Honor,
with a joint recommendation

for a six-year sentence
starting immediately

upon the entering
of the verdicts.

KITTLESON: Mr. and Mrs. Hubert,
please rise.

Mr. Hubert, do you understand

that you are pleading guilty

to the charge of voluntary
manslaughter?

Yes, Your Honor.

KITTLESON: And by doing so,

you are acknowledging guilt

and criminal responsibility

for the death of your son?

Mr. Hubert,
I asked you a question.

Do you acknowledge
your guilt and responsibility

in the death of your son?

God took my son, Your Honor.

We did everything
we could to save him.

KITTLESON:
If that's how you feel,

why, sir,
are you pleading guilty?

Because counsel
has advised us to.

KITTLESON: Mrs. Hubert, do you
also maintain your innocence?

Yes, Your Honor.

The plea bargain is rejected.

Trial will begin tomorrow
morning, 9:00 a. m.

We're adjourned.
(gavel bangs)

DONNELL: Chambers, Your Honor.

Do you dare?

Chambers.

WENDY: Oh.
YOUNG: Are you okay?

(inhales deeply)

I'm fine.

A client can choose
to plead guilty

even while maintaining
innocence.

Not with me, he can't.
DONNELL: Oh, come on.

Ninety percent of all pleas
are based on an analysis

of winning percentages.

They have nothing to do
with actual merits.

I don't accept guilty pleas

from people claiming innocence.

To do so would be a farce.

YOUNG: Our clients
have a right to negotiate

down from a murder-two
conviction.

Every defendant has that right.

KITTLESON:
Eugene, I realized

that nine out
of ten judges would go along,

but I don't.

If somebody
says they're innocent,

I don't let them
come stand in my courtroom

and declare guilt
for the purpose

of improving disposition.

It's a mockery.

The trial starts tomorrow.

Try to get over your
disappointment, Helen.

Of course, you're happy.

Plea bargains suck.

It's like a tie game,
nobody wins.

The Japanese, they don't
believe in compromise.

No such thing as win-win
for the Japs.

There can be no victory

unless the other guy loses.

You know,
that sounds racist.

Oh, come on.
Isn't that some hypocrisy?

It's okay to call
Jewish women J.A.Ps

but we can't call Japs Japs?

Well, it's not okay to refer

to Jewish women as J.A.Ps.

And I'm becoming increasingly
concerned about you.

Is that why you're here?

To tell me
that you're worried?

(sighs)

Actually, no.

I'm worried about
Mrs. Hubert's unborn child.

She had a contraction
in the courtroom today.

She's almost eight months.

Her first child
was born a month early.

There were complications.

They didn't go to the hospital.

Little boy almost died
of asphyxiation.

You know this how?

Well, I learned it
during my investigation.

Is there a way we can
protect this fetus?

We have no jurisdiction
over an unborn.

What about social services?

WALSH: Uh,
they don't have it either.

It's been tried.

You can thank your women's
rights groups for that.

We've prosecuted women for
killing their unborn fetuses,

so can't we make
the argument,

if a fetus is a person,

for the purpose
of charging murder--

It won't fly.

I need you to think
of something.

That baby could be in danger.

Try a Section 12.

You put a hold on the mother
on psychiatric grounds.

You put an end around
the constitution.

The courts are much more
predisposed to say yes there,

especially,
if you have the right judge.

I'll do it.

What do you mean you'll do it?

WALSH: I mean I'll do it.

It's a bit of a sell.

It'll mean more
if the Divisional Chief

himself appears in court.

I don't think
that's a good idea.

Why?

Well, uh...

I think you might
be leaping at the chance

to take on this firm again.

After losing Lindsay Dole--

WALSH: Nonsense.

I'm driven by the merits
of the case.

It's time we start protecting
the unborn children.

This is a person, eight months.

It's viable. It's a life.

And to say it doesn't
have any vested rights

because it hasn't
been delivered,

all the while,
the delivery itself

is being jeopardized,
it's insane.

This case is ripe.

It's important.

It needs to be made
forcefully and publicly.

I'll do it.

This is not a stunt.

Come on, Helen.
You take her into custody,

how does that not prejudice
the jury?

The jury is sequestered,
butt-nuts,

they won't have to know.

Mr. Walsh.

Did he call me "butt-nuts"?

GAMBLE:
Look, we have a viable baby

in potential danger.

The law is clear.

They cannot assert
their religious rights.

Where's the danger?

Premature delivery
like her last child,

who almost died from
having an umbilical cord--

That hardly gives
you grounds.

These wackos
won't go to doctors.

KITTLESON: Mr. Walsh,
that is quite enough.

GAMBLE: Your Honor,
it makes the most sense

to simply delay
the criminal trial

until after she gives birth.
That way--

DONNELL: It makes
no sense to do that,

given there's no basis

to take Wendy Hubert
into custody.

Section 12, Chapter 123.

Read the law.

Or are you against
that on principle?

You're gonna lecture me
on rules?

KITTLESON:
Both of you, shut up.

There will be no further
delay of this trial.

We start this morning.

Mr. Walsh, if you think you
can make a Section 12 showing,

you're going to have to take it
before another judge.

I want the proceedings sealed.

If you get your order,
come back to me,

and I'll figure out a way
to impose it

without prejudicing the trial.

Do any public yapping,

and I will declare a mistrial

and hold you in contempt.

It would be a mistake to regard
that as judicial bluster.

This is ridiculous.

GAMBLE: Eugene,
a child's life is in danger.

YOUNG: That child's not
in danger, Helen.

This has nothing to do
with that child.

GAMBLE: Oh, what are you
a doctor now?

KITTLESON: I've heard enough.

In to court.

Let's go.

All right. I'm on my way.

Walsh is going to a separate
court to get Wendy

held on a Section 12.

WASHINGTON: What?
How?

FRUTT: It's a ploy
to get her in custody

until the baby's born.

Jamie, I need some research.
You're coming with me.

Excellent.
FRUTT: Bring your computer.

Make sure it's charged.
We'll get on Westlaw in the cab.

STRINGER: Right.

FRUTT: Come on.

Start with Section 12,
Chapter 123,

emergency restraint
of dangerous persons.

Lindsay, what are you doing?

Just sitting.

I got good at it in prison.

Is everything okay?

Fine.

I'm fine.

Okay.

Come on.

There's a huge adjustment
to being on the outside again.

She's been in jail
a month, Jaime.

STRINGER: I'm just saying.

FRUTT: Get on the computer.

Right.

(music playing)

(sighs)

DOCTOR:
The official cause of death

was adult respiratory
distress syndrome,

ARDS for short.

Although this was a child,
the diagnosis is the same.

It was brought on
by the hantavirus.

Doctor, could you explain
this hantavirus to the jury?

DOCTOR: Basically,
it's a virus found in rodents,

which when exposed to humans

can attack the lungs.

GAMBLE:
How are humans exposed?

DOCTOR: Most of the time
through the saliva, urine,

or feces of the rodent.

If Peter touched a dead mouse
or a dead rat,

that could have done it.

Or he could
have simply inhaled dust

that contained dried rodent
urine or feces.

We don't know exactly
how he was exposed.

But you're sure he was?

Absolutely.

The autopsy concluded
that was the cause of death.

GAMBLE: Doctor,
would he have had any symptoms?

DOCTOR: Acute.

They would
have started flu-like,

uh, fever, coughing,
headaches.

Then progressively
gotten worse,

muscle aches,
breathing problems,

lungs filling with fluid.

This boy was in a lot
of distress

and died a very painful death.

Objection. Speculation.

Sustained.

GAMBLE: Doctor,
is there medical treatment

that could have saved Peter?

DOCTOR: Oxygen therapy,
antiviral drugs, fluids.

If he'd been taken
to a doctor immediately,

he wouldn't be dead--

Objection.

DOCTOR: --in my opinion.

I'll allow it.

Thank you. That's all.

So medical care could have saved

this boy's life?

You can state that
to a medical certainty?

Probability.

DONNELL: Probability.

How probable, Doctor?

I can state it
to a substantial likelihood.

DONNELL: Really?
You must be quite a doctor.

Do you mean if Peter Hubert
had come to you personally--

This is badgering.

I apologize.

How many diagnosed cases
have there been

of the hantavirus
in the last 10 years, Doctor?

Since 1993,
we've had 326 diagnosed.

Of those cases,
how many have died?

One hundred twenty-two.

DONNELL: One hundred
and twenty-two.

Of those 122 cases,

how many have sought
medical help?

Most.
DONNELL: Most.

And yet 122 people have died.

Doctor, isn't it possible
Peter Hubert

also might have died,

even if he had gotten
medical attention?

Possible, but with early--

DONNELL: Thank you, doctor.

You answered my question.

WALSH: There is ample authority
for the Commonwealth

to hold a pregnant mother.

SWACKHEIM: I didn't ask you
for authority.

I said tell me why
she's a nutcase.

I would submit, Your Honor,

any woman who exposes
her child to danger,

potentially fatal danger,

the benign assessment
would be nutcase.

No. He's saying there
is a presumption

of psychiatric infirmity
for any Christian Scientist.

I am not saying that.
You most certainly are.

Don't be putting
statements into my mouth.

I certainly am capable
of spewing my own nonsense.

Your Honor, this woman is
currently on trial for murder.

I don't think it's presumptive
of me to have doubts.

SWACKHEIM: Yes, it is, counsel.

She hasn't been convicted.

The presumption,
then, is one of innocence.

Remember that one?

WALSH: That would be
her constitutional right.

I am before you today
on the rights of the child.

There is no burden
on the court

when weighing the best
interest of the child

to constitutionally
safeguard the mother.

Are we supposed to let this
baby die, and then say,

"Hey, but at least we didn't
trample the civil liberties

of mommy dearest"?

That's crap, and I'll say so.

Nobody is saying
"Forget about the child."

We are just asking,
how is it in danger?

WALSH: By being
in the womb of a woman

who won't get medical help.

Her last delivery almost
resulted in death.

He survived only to die
three years later

from the fumes of a dead rat,

which this mother didn't do
a damn thing about.

She has a history
of complications at birth.

She's having contractions.

She has a history
of doing nothing

when her kids are facing
life-threatening dangers.

(keyboard clicking)

(door opens)

HATCHER: (sighs)

You guys, could you come
with me a second?

Lindsay, what's going on?

Oh, I just got this table
out of storage.

I just thought I'd sit here
while I get used to being back.

I'm kind of enjoying the quiet.

Oh.

Okay.

He looked terrible.

He would get dizzy.

He would vomit.

He had excruciating
headaches.

GAMBLE: How often
did you have occasion

to see Peter Hubert?

LISA: At first
I saw him a lot.

I was an invited guest.

Wendy and I were good friends.

You're next door neighbors?

LISA: Yes.

But the more I implored her
to take the child

to the hospital,

the more estranged we became,

to the point where
I wasn't invited.

GAMBLE: At what point
during his illness

did this estrangement
take place?

LISA: It was building.

But when I called
the ambulance myself,

that was pretty much it.

I wasn't invited
into the house anymore.

You called an ambulance?

LISA: Yes.

I couldn't take it.

He looked like
he was going to die.

Did an ambulance come?

LISA: Yes.

And they sent him away
saying that

it was a false alarm.

About two weeks after that,

Peter did die.

During the course
of Peter's illness,

did you witness his parents

doing anything about it?

They would pray.

Lots and lots of praying.

YOUNG: Just the two of them?

LISA: No. Sometimes people
would come over,

group prayings.

YOUNG: And during the illness,

did it ever appear Peter's
condition was improving?

LISA: A couple of times
the symptoms

seemed to subside,

but then they would return.

YOUNG: So they prayed
and things,

at least temporarily,
got better.

Did that happened,
what, once or twice?

Well, I don't think
they really did get better.

YOUNG: It just seemed so?

Yes.

You were good friends
with Wendy Hubert?

LISA: Yes.

YOUNG: Was she a loving mother?

I thought so, yes.

YOUNG: At any time,
did you ever question

her love for Peter?

No.

YOUNG: Did you ever
have occassion

to question Roland's love
for his son?

LISA: No.

As you observed them praying

and praying and praying

for their son's recovery,

you regarded these prayers
as heartfelt?

Of course.

YOUNG: After Peter's passing,

did you ever have occasion
to meet with the Huberts?

LISA: Yes. I went to them
with my sympathy.

So you had an opportunity
to observe their reaction

to Peter's death?

I saw them after,
like I said.

YOUNG: How would you describe
their reaction

to Peter's death?

They were devastated.

What parent wouldn't be?

YOUNG: Thank you, Ms. Astin.

WALSH: I've never seen
Swackheim deliberate this long

over a decision.

Truth is...

I never figured he
gave any thought at all

to his rulings.

I thought he just flipped
a coin, the lazy hack.

Why did you come after me
with all the personal attacks

in the Dole case, Ellenor?

I wanna know.

Part of it was strategy.

Part of it was your antics
truly offended me.

Don't you regard
your behavior toward me

as slightly vicious?

Maybe.

I went to see a shrink.

You know what he told me?

I could be sexually
frustrated.

Why is it shrinks
are all Freudian,

sex-obsessed,
depraved perverts?

They think everything is sex.

How often you get laid?

Big-boned girl,
can't be too often.

You, on the other hand,

you probably rent rooms
by the hour.

Little tramps coming out
of law school these days.

Look at you.

Cherubic little sperm magnet.

Did you just call me cherubic?

Jamie...

ROLAND: He had a fever,
but he'd had fevers in the past.

Our course of treatment
had always been prayer,

cold compacts.

These treatments had proved
to be successful in the past.

When you say many--

Five, six
over his three years.

He also had strep before,

conjunctivitis,
many illnesses

which we treated successfully
with prayer.

We thought we would be
successful here.

DONNELL: But, Mr. Hubert,
when Peter started

having trouble breathing...

We responded with more
intensive treatment.

Which was?

Prayer.

This is our faith,
Mr. Donnell.

DONNELL: I understand.
But, Mr. Hubert,

a lot of people
are wondering

how a father could just
let his son die.

I didn't just
let him die.

My wife and I did everything
we could to help him heal.

We did what we believed
would help him get better.

We did not sit idly.

We did not let my son die.

Why not pray
in the waiting room

while a doctor
treated your son?

Because taking him
for medical treatment would not,

in our view, heal him,

and we wanted him
to recover.

I'm asking
hard questions, sir,

because this jury
would like to know

how any loving father
could just turn his back

on medical assistance

which has been proven
to work.

ROLAND: Every one of us
draws the line somewhere.

Most people think artificial
life-saving devices go too far,

and they execute living wills
to prohibit them.

Sixty years ago,

people considered
transplanting organs

to be ungodly and perverse.

Now the line has moved.

People are okay
with it today.

Today, stem cell research

is considered horrific,

totally against God
and humanity.

But as the arguments are made
how it can save lives,

well, the line of acceptability
is about to move again.

Likelihood is people
will eventually embrace

some form of human cloning,

because as long as
there is a life to be saved,

how can you say no to it?

Well, Christian Scientists

are simply unwilling
to move the line.

Unwilling to adjust our faith
to keep up with the times.

Uh, there will always be new
medicines, new technologies,

new devices,
and inventions.

That doesn't change
the fact

that we consider this world
to be a spiritual one.

And that both
sin and illness

can only be overcome

by spiritual power.

And since I believed
divine healing

to be my son's best chance
at survival,

I felt the most
reasonable thing

that I could do
was turn to it.

So while many of us
draw the line

at stem cell research
and cloning,

you draw it
at 106 temperature.

Mr. Hubert, did you go
to an ophthalmologist

to get your glasses?

We don't consider
that medicine.

According to my records,

you also visited a dentist
last summer.

Again, we consider that aid,
not medicine.

GAMBLE: In fact, you went
during your son's illness.

My faith allows for aid
from a dentist.

It doesn't
medical treatment.

I explained that,

and I object
to the ridicule.

Do you think I came here today
to ridicule you?

You think there's a judge
up there,

a jury over here,

all gathered
to ridicule you, sir?

This is a murder trial,
Mr. Hubert.

A boy is dead.
My boy.

You say that as if
you were his parent.

ROLAND: I was his parent.
GAMBLE: And you think

it's prejudice
to hold parenting

up to the standards
of reasonableness?

Because that's what
this is about, Mr. Hubert.

I don't care
what God you believe in.

You were vested
with the care

of a very sick
three-year-old little boy,

and you let him die.

I did not.
DONNELL: Objection.

GAMBLE: Yes, you did.
Objection.

GAMBLE: Withdrawn.
Who gave you the right

to exalt religion here
at the expense--

You'd find that
in the constitution, counsel.

And does one have to read
the constitution

in order to be
protected by it?

What about
the three-year-olds

who cannot sound out
the words yet?

Did Peter have any rights,
Mr. Hubert?

Peter understood the basic
principles of our faith.

GAMBLE: Is it your testimony

that your son
made an informed,

competent decision

not to go to the hospital

as he lay dying in agony?

Obviously,
I made the choice.

GAMBLE: Yes, you made it.

And what part
of the constitution would you--

I was his guardian.

GAMBLE: Yes, you were
his guardian, Mr. Hubert.

For God's sake,
you were his guardian,

and you simply let him die.

I did not.

Oh, right.

You prayed.

Here's a flash,
Mr. Hubert.

We all pray.

I haven't seen
any evidence

that Mrs. Hubert
is a dangerous person,

other than
Mr. Walsh's assumption

that she's guilty
of the charges

for which she hasn't yet
been convicted.

The Commonwealth's
petition...

is denied.

Just like that?

Uh, what do you want,
a preamble?

Could I be heard,
Your Honor?

Every day on my job,

I battle
civil rights activists

who bemoan the erosion
of the Fourth Amendment,

who fight for the murderer's
right to counsel.

You know who
I'm talking about.

All those
Liberal pufferfish

who are protesting
the death penalty

while they cling
to a woman's right

to have an abortion

like it's an inalienable
American right,

and I'm sick of it.

Who the hell is sticking up
for this unborn person?

He's eight months old.

He's viable.

And yet we say
he doesn't exist

for the purpose
of being protected

because he hasn't
passed through

the great vaginal gateway

like it's
the Holland Tunnel.

Where in God's name

are all the pro-lifers today

sticking up
for this little life?

Why is this room empty,
I ask?

Because the proceeding
is sealed.

Anything else?

We fight for the rights
of the accused,

the right to abort,

the right to exercise
religion and free speech,

but we don't fight
for human life?

We're like little bugs,

ants, cockroaches.

We're no better
than the little vermin

running around
on our kitchen floor.

We should just wipe the earth
clean of mankind.

Motion to rid mankind denied.

We're adjourned.

Kenneth, clearly,
I don't like you.

But I have always,

always considered you
a legal talent

and an extremely
formidable foe.

But now,

Kenneth,
you need to get some help.

You're rambling on

like an evangelist
on Coke.

Whether
it's a vacation...

Are you sexually
attracted to me?

No, I'm not.

I didn't think so,

but the shrink threw it out,
so I thought I'd ask.

Women never are,
you know,

attracted to me.

See sperm magnet
over there?

Not in my wildest dreams.

Kenneth,
you need to take a break.

Maybe.

I am tired.

Uh, I seem
to be tired a lot.

I'm tired.

(knocks on door)

(door opens)

All set?

Bobby,

I wanna start
my own practice.

(sighs)

Excuse me?

DOLE: I can rent
this office,

take little cases.

Lindsay...
DOLE: I'm not ready

to just jump back in,
Bobby.

Uh, I don't know
when I will be.

Uh, and this is a way
for me to take baby steps.

Start a new practice
in this room?

DOLE: I can take little
collection cases,

contract disputes,
fight parking tickets.

I can even be
my own secretary.

I can use your library.

Lucy can help me
with pleadings

from time to time.

I like the quiet here.

YOUNG: Let's not think
for a second

this isn't about freedom
of religion.

There's not even
a suggestion

that Roland
and Wendy Hubert

didn't believe prayer

was capable
of healing their son.

It had in the past.

It had cured Peter
in the past,

and they believed
it would do so here.

They are on trial
because the prosecution

considers that belief,
that religious belief,

to be unreasonable.

And you know what?

So do I.

My kid,
he goes to the hospital.

But that's me, my right.

Mr. and Mrs. Hubert
have their rights.

Problem is,

they picked the wrong time
in the world

to exercise them.

See, the American people
have no tolerance right now

for somebody dying
in the name of a God

from an unpopular
religion.

And that's exactly

why this case
is important.

But not just
to the Huberts,

to all of us.

Every legal scholar
across this country today

is united
in one common sentiment,

we are one
terrorist attack away

from kissing
the constitution goodbye.

Now, this case
isn't about terrorism.

Of course not.

But it is one
affected by it,

because our civil rights,

including and especially

freedom of religion,

are becoming
endangered species.

This trial
would have never happened

before September 11th.

Never.

They can't even show
how medical help

would have saved
Peter Hubert.

He caught a deadly virus

that is fatal
much of the time,

medical care or not.

How?

Huh?

How can you charge
a couple with murder

for not calling a doctor

when the strong
possibility is

calling that doctor

would have made
no difference?

They have no case.

But here we are,
just the same.

Why? Because
the public is angry.

Somebody died, seemingly
for somebody else's God,

and we sure as hell
don't go for that, do we?

Don't you dare think
this isn't a referendum

on Christian Science.

Don't you dare believe

freedom of religion

isn't in play here.

These people
aren't murderers.

They're loving parents.

Even the prosecution's
own witness told you that.

And Mr. Hubert's
testimony?

About the medical
perversities

such as transplants,

stem cell research,

cloning, it's all true.

Doctors playing God.

Well, as human beings,

we all implore,
"Let God be God."

Well, that's what
Wendy and Roland

were trying to do here.

They were attempting
to save their child

by letting God...

be God.

If they succeed
in making this about

freedom of religion,

they win.

Because we're all for the
First Amendment, aren't we?

One person's faith
is no more right

than the next guy's.

If I have the burden
of condemning Christian Science,

then the prosecution loses,

as it should.

But this case has nothing
to do with religion.

This case
is about parenting,

something
we very much hold

up to the standards
of reasonableness,

not to mention decency.

This case is about
a little boy who got sick,

first with a burning fever,

then muscle pain,

nausea, perhaps delirium.

This is about a child

whose lungs filled up with fluid

to the point where
he could no longer breathe,

to the point of death.

All under the watch

of those two people,

his parents.

A neighbor
heard the screams,

called an ambulance.

They sent the paramedics away.

The expert evidence here,

which stands uncontradicted,

is that Peter Hubert

likely would have
been saved

had he gotten
medical attention.

So, we don't need
to dignify

defense counsel's
ridiculous claim

that what they did,

what they didn't do,

made no difference.

You can believe
in whatever God you want,

worship the way you like.

But when you have a child,

when you bring a child

into this world,

you have a duty.

You owe that child.

When you see him dying,

dying a painful death

in front of you,

you have a duty
to get that child

medical attention.

You cannot ignore
that obligation

by cloaking yourself

in some religious freedom.

I'm offended by Mr. Young's

trading on terrorism

on our fears
over our changing world.

I assure you
I prosecuted murderers

before September 11th,

and I continue
to do so after.

If you're looking to draw

any connection,

what happened
September 11th,

what happened
to Peter Hubert,

both were crimes against

the very core of humanity.

A little boy died.

He suffered

because his parents

wouldn't call a doctor.

That's why we're here.

That is the only reason
we are here.

So now...
DONNELL: We wait.

They'll deliberate
till 5:00.

If they haven't reached
a verdict,

they'll suspend
till tomorrow.

Oh.
Wendy?

WENDY: Oh.

Remember how I said
this baby wasn't gonna wait?

Now?

Not this second,
but today.

Okay. Okay.

May--maybe we should get
the paramedics.

Is that okay?

Yeah. To take
her home, yes.

We have a midwife.
I'll call her.

She can meet us there.
WENDY: Oh.

Don't you like it?

Well, yes,

but the personal stuff

is usually
left off the door.

I'll take it off eventually.

But I want the people
who hire me to get the idea.

I'm not gonna be here late
or on call at home.

If they see "mother",

it makes a point.

Yes, it does.

(chuckles)

How'd it go?

I'll know soon.

How about you?

I lost.

Well, you know Swackheim,

lazy, fat.

Listen, uh,

I'm taking some time,

go away, get some rest.

I'm just gonna take
some time.

How much?

Oh, I don't know.

Until I, uh--

I get better.

You will get better.

You--you've just been,

uh, overworked,
overtired.

Yeah.

Helen,

I, uh--

I'm sorry.

Just get yourself well,

whatever it takes.

Well, uh,

I'll be fine.

Uh, um,

(chuckles)

I'll be fine.

I'll be fine.

(pager beeps)

Uh,

well,

the verdict is still
out on me,

but yours just came in.

(sighs)

(grunting)

Oh.

You're doing fine.

You're doing great.

(grunting)

Can they read the verdict
without them present?

They'll have to.

(grunting)

(panting)

(grunting)

Oh.

Madam Foreperson,

has the jury reached
a unanimous verdict?

We have, Your Honor.

Almost.

Keep going.

Just a couple more, honey.

(panting)

Okay. Okay.

FOREPERSON:
In the matter of Commonwealth

versus Roland Hubert
and Wendy Hubert.

On count one,

murder in the second degree

against Roland Hubert,

we find the defendant,

Roland Hubert, guilty.

WENDY: (screaming)

FOREPERSON: On count two,

murder in the second degree
against Wendy Hubert,

we find the defendant,

Wendy Hubert,

guilty.

WENDY: (grunting)

Oh, here he comes.

Oh, he's beautiful.
(baby crying)

(panting)

MIDWIFE: Here he is.

(laughing and sobbing)

(baby crying)

Arrest warrants are issued
for Mr. and Mrs. Hubert.

Your Honor, can we be allowed
to surrender them?

I'm sorry.
Post-conviction.

I can't give you
that courtesy.

Members of the jury,
thank you for your service.

This matter is adjourned.

Can you give me
a 15-minute head start?

Okay.

She had a boy.

Let's go.

YOUNG: They'll take Wendy
to a medical facility.

By law, they have to
at least for a day.

What about my son?

YOUNG: Social services
is on their way.

They take custody initially

until we figure things out.

Why can't he come with us?

I'll make sure
he's okay, Wendy.

Don't you worry.

OFFICER: Let's go.

I'll wait for
social services.

MIDWIFE:
What really happens?

He goes into foster homes?

I'm not really sure.

He's beautiful, isn't he?

Yes.

Would you like to hold him?

Sure.

Here you go.

Okay.

I need to clean up.

I'll just be a second.

What? I'm not adopting,
if that's where you're going.

I wasn't. I was just looking
at an odd sight,

under the circumstances.

He is beautiful.

Yeah.

(music playing)

(music playing)

WOMAN: You stinker.

(music playing)