Beruflich Dokumente
Kultur Dokumente
1
00:00:13,960 --> 00:00:16,155
<i>(pinball machine)</i>
2
00:02:02,240 --> 00:02:04,674
Mrs Dee, this is Frank Galvin.
3
00:02:04,760 --> 00:02:08,355
He's a good friend of ours,
and a very fine attorney.
4
00:02:10,160 --> 00:02:14,836
Well, it's just a shame what happened
to your husband, Mrs Dee. He was a...
5
00:02:14,920 --> 00:02:19,277
I knew him vaguely at the Lodge.
He was a wonderful man.
6
00:02:19,360 --> 00:02:22,750
It was a crime what happened to him.
It was just a crime.
7
00:02:22,840 --> 00:02:26,230
If I can help, uh... in any way...
8
00:02:29,160 --> 00:02:31,628
...don't hesitate to call.
9
00:02:32,640 --> 00:02:34,835
<i>(sniffs)</i> Well...
10
00:03:33,880 --> 00:03:36,110
If this can help in any way...
11
00:03:37,120 --> 00:03:38,394
What is that?
12
00:03:38,800 --> 00:03:41,189
Oh. Um... It's my card.
13
00:03:45,440 --> 00:03:47,829
What the hell is that?
14
00:03:47,920 --> 00:03:50,309
I was a friend of your father's.
15
00:03:52,360 --> 00:03:54,920
You never knew my father.
16
00:04:00,120 --> 00:04:02,554
Get out of here.
17
00:04:02,640 --> 00:04:05,950
- Who the hell do you think you are?
- Excuse me, Mrs Cleary.
18
00:04:06,920 --> 00:04:09,388
Who the hell do you think you are?!
19
00:04:14,640 --> 00:04:18,155
- Hey, you know me.
- I don't want you coming back here ever!
20
00:04:18,240 --> 00:04:20,754
- You understand?
- I was just talking to the guy!
21
00:04:20,840 --> 00:04:23,434
Those are bereaved people in there!
22
00:04:56,080 --> 00:04:59,675
<i>(Irish accent)</i> So Pat says...
He says "They got this new bar...
23
00:04:59,760 --> 00:05:03,548
<i>...and</i> you go inside, and for half a buck
you get a beer, a free lunch...
24
00:05:03,640 --> 00:05:06,074
<i>...they</i> take you in the back room
and get you laid."
25
00:05:06,160 --> 00:05:08,879
- Another one, Frankie?
- Yeah. Everyone.
26
00:05:08,960 --> 00:05:12,111
Mike says "Now wait a minute,
wait a minute, wait a minute."
27
00:05:12,200 --> 00:05:15,112
"There's a new bar, and you go inside,
and for half a buck...
28
00:05:15,200 --> 00:05:18,636
<i>...they</i> give you a beer,
a free lunch and they get you laid?"
29
00:05:18,720 --> 00:05:21,996
Pat says "That's right."
"Have you ever been in the bar?"
30
00:05:22,080 --> 00:05:24,469
He said "No, but me sister has."
31
00:05:26,560 --> 00:05:28,790
Hey!
32
00:05:29,400 --> 00:05:30,958
Oh, yeah. Everyone.
33
00:06:21,240 --> 00:06:23,435
Frankie?
34
00:06:23,840 --> 00:06:26,354
Frankie! Frankie, you all right?
35
00:06:31,160 --> 00:06:33,390
Oh, Frankie.
36
00:06:34,400 --> 00:06:36,868
Come on, get up.
37
00:06:36,960 --> 00:06:39,758
Get up, Frank! Oh, Christ.
38
00:07:01,040 --> 00:07:03,429
What the hell's goin' on here?
39
00:07:04,960 --> 00:07:07,349
What have you been doin'?
40
00:07:24,320 --> 00:07:26,390
I got a call from Sally Doneghy.
41
00:07:26,480 --> 00:07:29,199
Who's that?
42
00:07:29,280 --> 00:07:32,670
You're in court in ten days,
and you haven't even met with them yet.
43
00:07:32,760 --> 00:07:35,069
Sally Doneghy? Who is that?
44
00:07:35,160 --> 00:07:37,549
One lousy letter in 18 months.
45
00:07:38,960 --> 00:07:41,997
I try to throw a case your way, and look at ya.
46
00:07:44,000 --> 00:07:45,991
Frankie...
47
00:07:46,080 --> 00:07:48,469
<i>...I</i> got these people to trust you.
48
00:07:49,240 --> 00:07:52,676
They're gonna be here at noon,
by the way, and look at this shit.
49
00:07:54,480 --> 00:07:56,789
I got this expert doctor to talk to ya.
50
00:07:57,360 --> 00:07:59,828
Remember <i>his</i> name? Dr Gruber?
51
00:08:00,200 --> 00:08:04,637
It's been 18 months, and I've been
doin' all the fuckin' legwork.
52
00:08:04,720 --> 00:08:07,154
You're due in court
in less than two weeks...
53
00:08:07,240 --> 00:08:10,152
<i>...and</i> I bet you haven't even
looked at the goddamn file.
54
00:08:10,240 --> 00:08:12,913
What are you, my nanny?
55
00:08:13,000 --> 00:08:15,355
Now listen to me, Frankie.
56
00:08:16,520 --> 00:08:20,115
Frankie, listen to me,
cos I'm done fuckin' with ya.
57
00:08:20,200 --> 00:08:22,953
I can't take this any more.
58
00:08:23,040 --> 00:08:25,873
I mean, you're not gonna change.
59
00:08:25,960 --> 00:08:28,713
Look around ya.
I mean, what's gonna change?
60
00:08:28,800 --> 00:08:32,190
You think it's gonna be any different
next week, next month?
61
00:08:32,280 --> 00:08:34,919
It's gonna be the same goddamn thing.
62
00:08:36,920 --> 00:08:39,388
Now I got you a good case.
63
00:08:39,480 --> 00:08:41,948
It's a moneymaker.
64
00:08:42,040 --> 00:08:44,873
You do it right, it'll take care of ya.
65
00:08:45,680 --> 00:08:48,319
But I'm through, you understand?
66
00:08:48,920 --> 00:08:51,832
I mean, I can't take this shit any more.
67
00:08:53,560 --> 00:08:55,994
Life's too fuckin' short, Frankie.
68
00:08:57,600 --> 00:08:59,989
I'm gettin' too fuckin' old.
69
00:09:45,800 --> 00:09:46,789
Fuck!
70
00:10:13,280 --> 00:10:14,269
<i>(belches)</i>
71
00:10:32,560 --> 00:10:34,755
<i>(wheezes and coughs)</i>
72
00:11:15,120 --> 00:11:17,509
Excuse me, sir.
73
00:11:57,000 --> 00:11:59,389
Mrs Doneghy. Hi. Frank Galvin.
74
00:12:00,240 --> 00:12:02,231
- Why didn't you go in?
- It's locked.
75
00:12:02,320 --> 00:12:04,515
Locked?
76
00:12:05,640 --> 00:12:07,631
I'm sorry.
77
00:12:07,720 --> 00:12:10,712
God, I hope... I hope this didn't put you out.
78
00:12:11,960 --> 00:12:14,269
Let me see here...
79
00:12:16,160 --> 00:12:19,596
Come on in. I'd get you
a cup of coffee, but, uh...
80
00:12:20,400 --> 00:12:22,960
...looks as though my girl went out.
81
00:12:24,440 --> 00:12:27,512
It's not a <i>good</i> case, it's a <i>very</i> good case.
82
00:12:28,080 --> 00:12:32,870
A young, healthy woman goes into a hospital
to deliver her third child, and...
83
00:12:32,960 --> 00:12:37,112
Well, it's just beyond comprehension.
She's given the wrong anaesthetic.
84
00:12:37,200 --> 00:12:40,397
- We love her, Kevin and me.
- I'm sure you do.
85
00:12:40,480 --> 00:12:43,472
But what can we do?
She don't know who's visiting her.
86
00:12:43,840 --> 00:12:46,070
Mm-hm. I know. I went.
87
00:12:47,600 --> 00:12:49,318
- You saw her?
- Oh, yes.
88
00:12:49,400 --> 00:12:52,756
My sister? You know how beautiful she was?
89
00:12:53,760 --> 00:12:57,958
Her, uh... husband left her,
and he took her kids.
90
00:12:59,160 --> 00:13:01,435
They, uh...
91
00:13:02,040 --> 00:13:04,634
<i>...they</i> let you die in there.
92
00:13:04,720 --> 00:13:07,598
They don't care. Nobody cares.
93
00:13:08,640 --> 00:13:12,269
The Patriot Home, the Chronic Care
in Arlington? They'd take her in.
94
00:13:12,560 --> 00:13:16,155
Perpetual care.
$50,000 they want in endowment.
95
00:13:17,960 --> 00:13:20,190
50,000?
96
00:13:20,800 --> 00:13:23,394
I don't wanna leave her. Kevin, he, uh...
97
00:13:24,640 --> 00:13:27,996
And Father Laughlin,
he said it was God's will.
98
00:13:28,080 --> 00:13:30,071
Well, I understand.
99
00:13:30,160 --> 00:13:33,709
My doctor told me I gotta move out West.
That's when we filed in court.
100
00:13:33,800 --> 00:13:36,394
- We didn't wanna sue.
- Oh, I understand that too.
101
00:13:36,480 --> 00:13:38,789
But Kevin's looking for two years in Tucson.
102
00:13:38,880 --> 00:13:42,316
They called him up
and they said to come out.
103
00:13:42,400 --> 00:13:45,233
He's a good man.
He's only trying to do what's right.
104
00:13:45,320 --> 00:13:47,595
<i>(knocking)</i>
105
00:13:48,160 --> 00:13:50,594
<i>(Frank)</i> Come on in.
106
00:13:50,680 --> 00:13:53,069
This is my husband.
107
00:13:54,240 --> 00:13:56,754
Come on in. Sit down.
108
00:13:56,840 --> 00:14:02,517
I told your wife, I'm sorry we have to meet
out here, but I got a case in superior court.
109
00:14:02,600 --> 00:14:05,672
- The place is full of papers.
- That's all right.
110
00:14:05,760 --> 00:14:09,719
- I was also telling her you got a good case.
- He saw her at Northern Care.
111
00:14:09,800 --> 00:14:13,634
I may get some very important
corroborating testimony from a Dr Gruber.
112
00:14:13,720 --> 00:14:18,635
It'll be a problem getting one doctor to testify
that another doctor's negligent, but...
113
00:14:18,720 --> 00:14:23,919
The archdiocese called and said who was
our attorney, cos the case is coming to trial.
114
00:14:24,000 --> 00:14:27,913
Well... I doubt very much
that the case will ever come to trial.
115
00:14:30,520 --> 00:14:33,830
We told them we didn't want it
to come out this way.
116
00:14:33,920 --> 00:14:36,639
I completely understand.
117
00:14:36,720 --> 00:14:39,553
- See, we just, uh...
- We just can't do it any more.
118
00:14:39,640 --> 00:14:41,631
This is our chance to get away.
119
00:14:42,120 --> 00:14:44,953
I'm gonna see that you get that chance.
120
00:14:45,040 --> 00:14:47,076
How much is this gonna cost?
121
00:14:47,160 --> 00:14:50,675
It's not gonna cost you anything.
It's done on a contingency basis.
122
00:14:50,760 --> 00:14:53,149
Whatever the settlement is, I retain a third.
123
00:14:53,240 --> 00:14:56,755
But that's normal procedure.
You can check around.
124
00:14:57,720 --> 00:14:58,948
OK?
125
00:14:59,160 --> 00:15:00,354
OK.
126
00:15:02,560 --> 00:15:07,395
His name is Frank Galvin. Boston College,
class of '52, was second in his class.
127
00:15:08,040 --> 00:15:11,396
Editor of the <i>Law Review.</i>
Worked with Mickey Morrissey 12 years.
128
00:15:11,480 --> 00:15:16,349
Criminal law and personal injury.
Married Patricia Harrington, 1960.
129
00:15:16,440 --> 00:15:20,558
Joined Stearns, Harrington, Pierce,
1960, as a full partner.
130
00:15:20,640 --> 00:15:24,030
Resigned the firm, 1969,
over the Lillibridge case.
131
00:15:24,120 --> 00:15:28,591
- He was accused of jury-tampering.
- Accused, not indicted. He resigned the firm.
132
00:15:29,280 --> 00:15:34,149
Divorced, 1970. Galvin worked with Michael
Morrissey until Morrissey retired in '78.
133
00:15:34,240 --> 00:15:38,995
Since then he's been on his own. Four cases
in three years. He's lost them all. He drinks.
134
00:15:39,080 --> 00:15:41,389
Four cases in three years.
135
00:15:41,480 --> 00:15:43,755
The man's an ambulance chaser.
136
00:15:43,840 --> 00:15:46,559
- Tell me about <i>this</i> case.
- This is a nuisance suit.
137
00:15:46,640 --> 00:15:50,394
He's asking for $600,000
and betting we don't want to go to court.
138
00:15:50,480 --> 00:15:54,632
- No, we don't want this case in court.
- Neither does he. That's where he loses.
139
00:15:54,720 --> 00:15:58,156
He's scared to death to go to court.
We only have to call his bluff.
140
00:15:58,240 --> 00:16:02,472
I want to settle and be done with it. I don't
want the archdiocese exposed, Mr Alito.
141
00:16:02,560 --> 00:16:05,870
No. Absolutely.
And we're going to see that it's not.
142
00:16:05,960 --> 00:16:08,235
So, what I want to do is stop it here.
143
00:16:08,320 --> 00:16:11,596
I'm going to make him an offer myself.
I want it to come from me.
144
00:16:11,680 --> 00:16:13,910
All right. But let's keep the price down.
145
00:16:14,000 --> 00:16:18,755
I called Ed Concannon. He recommends we
continue to respond as if we're going to trial.
146
00:16:19,040 --> 00:16:21,634
If we were to go to trial,
would we win the case?
147
00:16:21,720 --> 00:16:24,154
Well, of course it's always dangerous.
148
00:16:24,240 --> 00:16:27,073
I know <i>that</i> answer. Would we win?
149
00:16:27,160 --> 00:16:28,559
Yes.
150
00:16:34,360 --> 00:16:35,759
Dr Gruber?
151
00:16:35,840 --> 00:16:38,149
Yes. Galvin, right?
152
00:16:38,240 --> 00:16:41,550
Well... well, I sure appreciate
a man as busy as you are...
153
00:16:41,640 --> 00:16:47,033
It's perfectly all right. Look, I'm kinda rushed.
Do you mind if we walk while we talk?
154
00:16:47,960 --> 00:16:50,599
I read the hospital report on your client.
155
00:16:50,680 --> 00:16:56,152
Deborah Ann Kaye? They called. They want
to settle. It's just a matter of jacking 'em up.
156
00:16:56,240 --> 00:16:59,471
- Who called?
- The archdiocese. They wanna settle.
157
00:16:59,560 --> 00:17:01,755
- And you're gonna do that?
- Yeah.
158
00:17:01,840 --> 00:17:04,308
- You're gonna settle out of court?
- Well, yeah.
159
00:17:04,400 --> 00:17:06,391
Why?
160
00:17:06,480 --> 00:17:08,948
In the interests of her family.
And you, Doctor.
161
00:17:09,040 --> 00:17:14,160
You can never tell what a jury's gonna do.
St Catherine's is a renowned institution.
162
00:17:14,240 --> 00:17:18,119
- Her doctors are...
- Her doctors killed her.
163
00:17:18,200 --> 00:17:20,475
- I'm sorry?
- Her doctors killed her.
164
00:17:20,560 --> 00:17:24,314
They gave her the wrong anaesthetic,
and she drowned in her own vomit.
165
00:17:24,400 --> 00:17:28,393
- The doctors murdered her.
- Do you know who her doctors were?
166
00:17:28,480 --> 00:17:32,837
Yeah, I read the file. Marx and Towler.
I know who they were.
167
00:17:32,920 --> 00:17:36,629
- Two of the most respected...
- I thought you wanted to do something.
168
00:17:36,720 --> 00:17:38,790
I've no interest in the woman's estate.
169
00:17:38,880 --> 00:17:41,314
No offence, we all know
where the money is going.
170
00:17:41,400 --> 00:17:45,632
I have an interest in hospitals. I don't want
those bozos in the same profession as me.
171
00:17:45,720 --> 00:17:50,430
They gave her the wrong anaesthetic, they
killed her and her kid, and you caught 'em.
172
00:17:50,520 --> 00:17:52,078
You want a cigar?
173
00:17:52,160 --> 00:17:55,835
No, thank you. The hospital's
owned by the archdiocese...
174
00:17:55,920 --> 00:17:58,912
What are they gonna do?
Not invite me to their birthday party?
175
00:17:59,000 --> 00:18:02,595
Look, I'm sorry I'm rushing,
but I have to be in Cambridge.
176
00:18:02,680 --> 00:18:05,274
When can we get together again
and get a deposition?
177
00:18:05,360 --> 00:18:07,874
OK. We'll meet here Tuesday night.
178
00:18:07,960 --> 00:18:11,396
I gotta go. Are you goin' my way?
179
00:18:11,480 --> 00:18:14,472
OK. But we're gonna have to
keep you under wraps, you know.
180
00:18:14,560 --> 00:18:16,869
- You can't discuss the case.
- I understand.
181
00:18:16,960 --> 00:18:20,635
You're gonna meet me here on Tuesday.
We'll go over your testimony.
182
00:18:20,720 --> 00:18:23,234
Right. Seven o'clock in the locker rooms.
183
00:18:23,320 --> 00:18:26,357
- I got it.
- Thank you.
184
00:18:26,440 --> 00:18:28,829
- Thank <i>you.</i>
- My pleasure.
185
00:18:30,240 --> 00:18:32,276
Why are you doin' this?
186
00:18:32,360 --> 00:18:35,955
To do the right thing.
Isn't that why you're doing it?
187
00:18:49,120 --> 00:18:50,235
Whoo-ha!
188
00:18:53,880 --> 00:18:57,475
Sorry. Nobody ever stood here since 1952.
189
00:18:58,800 --> 00:19:01,712
Give me a Bushmill. Who are the civilians?
190
00:19:01,800 --> 00:19:05,679
Lousy weather, good for business,
Frankie. There you go.
191
00:19:18,480 --> 00:19:21,836
- Would you like a drink?
- I'd like an apartment.
192
00:19:22,440 --> 00:19:24,954
Would you settle for a drink?
193
00:19:25,960 --> 00:19:28,349
No. Thank you.
194
00:19:29,760 --> 00:19:32,149
I had a good day today.
195
00:19:33,240 --> 00:19:35,470
Let me at 'em.
196
00:19:35,560 --> 00:19:36,959
Gentlemen...
197
00:19:37,040 --> 00:19:39,634
- To ya.
- To ya. To ya.
198
00:19:42,440 --> 00:19:46,991
<i>(Frank)</i> I cut myself so badly shaving
this morning, my eyes almost cleared up.
199
00:19:47,080 --> 00:19:49,389
- Bad?
<i>- (laughter)</i>
200
00:19:57,360 --> 00:19:59,476
I'm glad you had a good day.
201
00:19:59,560 --> 00:20:01,949
- Good night.
- Thank you.
202
00:20:04,480 --> 00:20:06,869
Well, well, well, well, well. Hey.
203
00:20:08,960 --> 00:20:11,349
It's a long road that has no turning.
204
00:20:11,440 --> 00:20:13,749
That's for sure, Frankie.
205
00:20:19,880 --> 00:20:23,270
Yeah. I'm going to the archdiocese tomorrow.
206
00:20:23,960 --> 00:20:26,190
At two.
207
00:20:28,200 --> 00:20:33,433
Yes, I know you don't. I know you don't.
You're just following your own life.
208
00:20:33,520 --> 00:20:36,398
You have a life to live too.
You have to go out West.
209
00:20:36,480 --> 00:20:39,278
You're not gonna do yourself good here.
210
00:20:41,200 --> 00:20:42,758
<i>(sighs)</i>
211
00:20:42,840 --> 00:20:44,876
Well...
212
00:20:46,200 --> 00:20:48,794
I'm sure she knows that you care for her.
213
00:20:52,920 --> 00:20:56,959
- Well...
<i>- (Mrs Doneghy) She's so unprotected.</i>
214
00:20:58,120 --> 00:21:03,035
Finally, we're none of us protected.
I mean, we just... have to go on...
215
00:21:03,120 --> 00:21:05,350
<i>...seek</i> help where we can and go on...
216
00:21:05,440 --> 00:21:08,512
<i>She's stuck there.</i>
<i>Maybe she knows when we're there.</i>
217
00:21:08,600 --> 00:21:13,276
<i>- Will she think we've abandoned her?</i>
- Yes, I know that you love her.
218
00:21:13,360 --> 00:21:16,193
I know that you're acting out of love.
219
00:21:22,280 --> 00:21:24,840
Uh-huh. As soon as I know.
220
00:21:24,920 --> 00:21:29,232
<i>- My husband sends his respects.</i>
- Well, you give him my respects, too.
221
00:21:29,320 --> 00:21:34,348
<i>- Thank you. Sorry to call so late.</i>
- Not at all. No, not at all.
222
00:21:38,520 --> 00:21:39,350
Well...
223
00:21:41,200 --> 00:21:43,839
Good night.
224
00:21:43,920 --> 00:21:46,673
<i>- God bless you, Mr Galvin.</i>
- Well, bless you, too.
225
00:21:46,760 --> 00:21:48,955
<i>Good night.</i>
226
00:23:44,800 --> 00:23:45,755
<i>(laughter)</i>
227
00:23:45,840 --> 00:23:49,310
"Jimmy" I said. "You don't go
in your pocket if there's nothing there."
228
00:23:49,400 --> 00:23:51,868
And what did he say?
229
00:23:51,960 --> 00:23:54,758
Sir, you're not allowed to be in here.
230
00:24:00,240 --> 00:24:02,629
You can't be in here.
231
00:24:07,680 --> 00:24:10,069
I'm her attorney.
232
00:24:13,960 --> 00:24:16,633
It's a question of continuing values.
233
00:24:16,720 --> 00:24:20,030
St Catherine's, to do the good
she must do in the community...
234
00:24:20,120 --> 00:24:23,795
<i>...must</i> maintain the position
she holds in the community.
235
00:24:23,880 --> 00:24:27,793
So... we have a question of balance.
236
00:24:28,520 --> 00:24:33,150
On the one hand, our hospital,
its reputation, and so its effectiveness...
237
00:24:33,240 --> 00:24:35,800
<i>...and</i> that of two of its important doctors.
238
00:24:36,120 --> 00:24:39,510
And on the other hand,
the rights of your client.
239
00:24:41,400 --> 00:24:45,951
A young woman in her prime,
deprived of her life, her sight, her family.
240
00:24:46,560 --> 00:24:49,632
It's tragic. It's a tragic accident.
241
00:24:51,440 --> 00:24:54,716
Nothing, of course,
can begin to make that right.
242
00:24:55,720 --> 00:24:59,508
But we must do what we can.
We must do all that we can.
243
00:25:01,520 --> 00:25:04,159
Yes, we must try to make it right.
244
00:25:08,840 --> 00:25:11,479
It's a generous offer, Mr Galvin.
245
00:25:11,560 --> 00:25:17,908
Nothing can begin to make that woman well,
but we could at least try to compensate...
246
00:25:18,720 --> 00:25:20,711
<i>...make</i> a gesture.
247
00:25:22,760 --> 00:25:25,149
How did you settle on the amount?
248
00:25:26,520 --> 00:25:28,750
We thought it was just.
249
00:25:30,760 --> 00:25:32,910
You thought it was just?
250
00:25:33,000 --> 00:25:34,399
Yes.
251
00:25:37,560 --> 00:25:40,552
Because it struck me, um...
252
00:25:41,680 --> 00:25:46,515
<i>...how</i> neatly three went into
this figure - 210,000.
253
00:25:47,120 --> 00:25:49,509
That means I would keep 70.
254
00:25:51,760 --> 00:25:55,594
That was our insurance company's
recommendation.
255
00:25:56,560 --> 00:25:58,471
Yes, that would be.
256
00:25:59,320 --> 00:26:02,357
Nothing we can do
can make that woman well.
257
00:26:06,840 --> 00:26:09,229
And no one will know the truth.
258
00:26:11,160 --> 00:26:13,549
What is the truth?
259
00:26:17,040 --> 00:26:19,793
That that poor girl put her trust into the...
260
00:26:21,880 --> 00:26:24,678
<i>...the</i> hands of two men who took her life.
261
00:26:25,480 --> 00:26:27,948
She's in a coma.
262
00:26:29,960 --> 00:26:31,996
Her life is gone.
263
00:26:34,440 --> 00:26:36,829
She has no home, no family.
264
00:26:39,360 --> 00:26:41,749
She's tied to a machine.
265
00:26:43,040 --> 00:26:45,554
She has no friends.
266
00:26:47,800 --> 00:26:50,473
And the people who should care for her...
267
00:26:50,560 --> 00:26:52,755
<i>...her</i> doctors...
268
00:26:54,560 --> 00:26:56,755
<i>...and</i> you and me...
269
00:27:00,560 --> 00:27:03,677
<i>...have</i> been bought off to look the other way.
270
00:27:03,760 --> 00:27:06,797
We've been paid to look the other way.
271
00:27:11,040 --> 00:27:13,429
I came here to take your money.
272
00:27:17,360 --> 00:27:21,353
I brought snapshots to show you
so I could get your money.
273
00:27:24,000 --> 00:27:26,389
I can't do it. I can't take it.
274
00:27:29,200 --> 00:27:31,794
Because if I take the money, I'm lost.
275
00:27:33,960 --> 00:27:36,190
I'll just be a...
276
00:27:37,000 --> 00:27:39,195
...rich...
277
00:27:40,200 --> 00:27:42,475
...ambulance chaser.
278
00:27:47,600 --> 00:27:49,989
I can't do it. I can't take it.
279
00:27:52,440 --> 00:27:55,113
If we may discuss money, Mr Galvin...
280
00:27:55,720 --> 00:27:58,109
...how's your law practice?
281
00:27:59,840 --> 00:28:02,115
Not too good.
282
00:28:05,120 --> 00:28:07,509
I only got the one client.
283
00:28:20,320 --> 00:28:21,878
Mick?
284
00:28:24,080 --> 00:28:26,275
I gotta talk to you.
285
00:28:28,360 --> 00:28:31,238
Mickey, come on. Hey, let's go get a drink.
286
00:28:32,640 --> 00:28:35,029
Hymie, sit in for me, will ya?
287
00:28:48,080 --> 00:28:50,753
- Are you out of your mind?
- I need your help.
288
00:28:50,840 --> 00:28:54,230
You need <i>my</i> help?
You need a goddamn keeper.
289
00:28:54,320 --> 00:28:58,233
Are you telling me
you turned down 210 grand? Huh?
290
00:28:58,320 --> 00:29:01,551
What are you, nuts? What are you
gonna do, bring her back to life?
291
00:29:01,640 --> 00:29:04,438
- I'm gonna help her.
- To do what?
292
00:29:04,520 --> 00:29:08,035
To do what, for Christ's sakes?
Help her do what? She's dead!
293
00:29:08,120 --> 00:29:12,989
- They killed her. They're trying to buy it.
- That's the fuckin' point, dummy!
294
00:29:13,560 --> 00:29:17,189
Let them buy it.
No, we let <i>them</i> buy the case.
295
00:29:17,280 --> 00:29:21,353
That's why I took it. Now, look,
you just drop this, you understand?
296
00:29:21,440 --> 00:29:23,396
We'll go up to... up to New Hampshire.
297
00:29:23,480 --> 00:29:25,710
- We'll kill some fuckin' deer.
- Mick. Mick!
298
00:29:26,000 --> 00:29:28,230
You said... No, listen to me!
299
00:29:28,320 --> 00:29:32,279
- You said "If not now, when?"
- I know what I said. But not now, all right?
300
00:29:32,360 --> 00:29:34,954
I'll tell you something else.
I can win this case.
301
00:29:35,200 --> 00:29:37,760
But you won, Frank. You won!
302
00:29:38,560 --> 00:29:41,233
When they give you the money,
that means you won.
303
00:29:41,320 --> 00:29:43,709
Now, look, we... we don't wanna go to court.
304
00:29:43,800 --> 00:29:46,314
Is this... is this getting through to you?
305
00:29:46,400 --> 00:29:50,188
Do you know who the attorney
for the archdiocese is? Ed Concannon.
306
00:29:50,280 --> 00:29:52,669
- He's a good man.
- "He's a good man"?
307
00:29:52,760 --> 00:29:55,149
He's the prince of fucking darkness!
308
00:29:55,240 --> 00:29:58,073
He'll have people testifying
they saw her water-skiing.
309
00:29:58,160 --> 00:30:02,631
- Frank, don't fuck with this case, huh?
- I gotta stand up for that girl.
310
00:30:02,720 --> 00:30:05,917
Frank, I know you're trying
to wipe out some old business.
311
00:30:06,000 --> 00:30:09,037
I understand that. I do. But not now.
312
00:30:09,840 --> 00:30:13,879
- Call the bishop, will you?
- I'm gonna try this case. Will you help me?
313
00:30:15,680 --> 00:30:19,150
I'm gonna need your help, Mick.
Will you help me?
314
00:30:26,360 --> 00:30:30,069
Anybody ever hear
"For want of a shoe, a horse was lost"?
315
00:30:30,160 --> 00:30:33,755
<i>- (laughter)</i>
- Who's going on vacation tomorrow, hm?
316
00:30:35,240 --> 00:30:38,312
Friedman? St Barts, is that right?
317
00:30:38,400 --> 00:30:39,594
Yes, sir.
318
00:30:39,680 --> 00:30:43,878
Send Mrs Friedman a dozen roses
tomorrow morning, please, Sal.
319
00:30:43,960 --> 00:30:47,396
No, wait a minute... Send her a sun lamp.
320
00:30:48,400 --> 00:30:50,834
Friedman, I'm sorry, but you'll have to stay.
321
00:30:50,920 --> 00:30:54,196
There'll be no vacations
until this thing is cleared.
322
00:30:54,280 --> 00:30:59,718
You're all acquainted with this case.
It's been on the calendar for 18 months.
323
00:30:59,800 --> 00:31:03,873
Now I think we have a... definite court date.
324
00:31:04,600 --> 00:31:08,195
February... 19th.
325
00:31:08,280 --> 00:31:09,759
Mm-hm.
326
00:31:09,840 --> 00:31:15,472
The plaintiff's attorney is Francis P Galvin.
I trust you're all familiar with <i>his</i> record.
327
00:31:15,560 --> 00:31:19,951
We've been expecting him to call us
to negotiate, and as he did not...
328
00:31:20,040 --> 00:31:23,157
<i>...five</i> days before we're
supposed to go to court...
329
00:31:23,240 --> 00:31:26,869
<i>...we</i> made him a rather generous offer,
which he refused.
330
00:31:26,960 --> 00:31:31,875
Five days before trial.
What does that mean? I want to find out.
331
00:31:32,720 --> 00:31:36,395
Acquaint yourselves again
with the depositions.
332
00:31:36,480 --> 00:31:40,439
Don't rely on the fact that
we did it last year. Do it again.
333
00:31:40,520 --> 00:31:43,796
We shall be reviewing it here.
You do it at home.
334
00:31:43,880 --> 00:31:46,235
You each have a full file, so know the deps.
335
00:31:46,320 --> 00:31:50,233
I want you all to be here when we work
with the defendants. When is that, Billy?
336
00:31:50,320 --> 00:31:52,390
- Wednesday evening.
- Uh-huh.
337
00:31:52,480 --> 00:31:56,234
I want an article as soon as possible
in <i>The Globe:</i>
338
00:31:56,320 --> 00:32:00,279
"St Cat's, neighbourhood giant,
serving the community," et cetera.
339
00:32:00,360 --> 00:32:02,078
They've got it in the files.
340
00:32:02,160 --> 00:32:06,756
And I want something in the <i>Herald</i> Monday
morning: "Our gallant doctors." Huh?
341
00:32:06,840 --> 00:32:08,751
Be inventive, hm?
342
00:32:08,840 --> 00:32:14,472
And television. We've gotta have television.
Friedman, since you're still with us...
343
00:32:14,560 --> 00:32:19,270
<i>...why</i> don't you have a word
with your friend at GBH, huh? Hm.
344
00:32:20,440 --> 00:32:23,637
Now, to belabour the obvious
for a moment...
345
00:32:23,720 --> 00:32:29,511
<i>...our</i> clients are the Archdiocese of Boston,
the St Catherine Labour� Hospital...
346
00:32:29,600 --> 00:32:33,673
<i>...and</i> Doctors Marx and Towler, two of the
most respected men in their profession.
347
00:32:33,760 --> 00:32:37,992
The thrust of this defence will be to answer...
348
00:32:38,080 --> 00:32:40,719
<i>...in</i> the court, the press,
and the public mind...
349
00:32:40,800 --> 00:32:45,351
<i>...to</i> answer the accusation
of negligence this completely...
350
00:32:45,440 --> 00:32:48,989
<i>...that</i> not only do we win the case,
but win the case so that it is seen...
351
00:32:49,080 --> 00:32:55,872
<i>...that</i> this attack on these men and
this institution... was a rank obscenity.
352
00:32:56,480 --> 00:32:59,278
OK, let's get the cobwebs off. Billy?
353
00:33:00,680 --> 00:33:03,194
Please turn to your page four.
354
00:33:03,280 --> 00:33:08,149
We're gonna review the depositions of
the nurse anaesthetist, the scrub nurse...
355
00:33:08,240 --> 00:33:11,835
<i>...and</i> all those in attendance in the OR
at the time of the operation.
356
00:33:12,600 --> 00:33:16,275
- So, what have we got?
- Well, we've got her sister.
357
00:33:16,360 --> 00:33:20,956
Says Deborah Ann ate a full meal an hour
before she was admitted to the hospital.
358
00:33:21,040 --> 00:33:24,430
And we got the admittance form
says she ate <i>nine</i> hours before.
359
00:33:24,520 --> 00:33:29,150
The sister's testimony's no good.
The jury knows if we win, she gets the cash.
360
00:33:29,240 --> 00:33:33,028
We got my Dr Gruber. He says
she was given the wrong anaesthetic.
361
00:33:33,120 --> 00:33:35,554
And, anyway, she came in
complaining of nausea.
362
00:33:35,640 --> 00:33:39,269
- Well, Gruber's not bad.
- He's Dr Kildare. The jury'll eat him up.
363
00:33:39,360 --> 00:33:42,079
Yeah. But their guy is Towler.
364
00:33:42,160 --> 00:33:46,836
He wrote the book: <i>Methodology</i>
<i>and Practice in Anesthesiology.</i>
365
00:33:46,920 --> 00:33:51,311
Everybody in that operating room signed
a deposition, from the scrub nurse on up:
366
00:33:51,400 --> 00:33:55,075
"All those guys are God.
I saw them walk on water."
367
00:33:55,160 --> 00:33:58,550
They had an obstetric nurse.
Did we get a deposition from her?
368
00:33:58,640 --> 00:34:00,517
No.
369
00:34:00,600 --> 00:34:04,229
Maureen Rooney, aged 49, lives in Arlington.
Still works at the hospital.
370
00:34:04,320 --> 00:34:07,278
Think you could talk to her,
ask why she ain't speakin' up?
371
00:34:07,360 --> 00:34:08,759
Yeah.
372
00:34:09,800 --> 00:34:12,189
- OK. Cases.
- All right.
373
00:34:13,120 --> 00:34:16,829
<i>- Smith</i> versus <i>State of Michigan.</i>
- All right.
374
00:34:16,920 --> 00:34:19,559
<i>Brindisi</i> versus <i>Electric Boat.</i>
375
00:34:19,640 --> 00:34:22,438
Hey, you've got a good memory, Frankie.
376
00:34:22,520 --> 00:34:24,511
I had a good teacher.
377
00:34:24,600 --> 00:34:28,354
<i>- McClean</i> versus, uh, <i>Urban Transport.</i>
- Right.
378
00:34:30,520 --> 00:34:32,909
Jimmy. Couple of Bushmills.
379
00:34:35,040 --> 00:34:37,235
<i>- (coughs)</i>
- Ah!
380
00:34:37,320 --> 00:34:40,039
Do me a favour. I'll buy you a drink tomorrow.
381
00:34:40,120 --> 00:34:42,111
What are you doing tonight?
382
00:34:42,200 --> 00:34:45,875
I found this new bar, see,
and for half a buck you can...
383
00:34:45,960 --> 00:34:48,349
I'm gonna get laid.
384
00:34:50,400 --> 00:34:52,755
All right. I'll be at the office.
385
00:34:52,840 --> 00:34:55,832
Just don't leave your best work in the sheets.
386
00:35:02,240 --> 00:35:04,549
These are on me, Frankie.
387
00:35:14,760 --> 00:35:17,274
Did you find an apartment?
388
00:35:18,280 --> 00:35:20,669
Still looking.
389
00:35:22,760 --> 00:35:25,752
<i>(sighs)</i> I changed my life today.
What did <i>you</i> do?
390
00:35:27,000 --> 00:35:29,389
Changed my room at the hotel.
391
00:35:29,480 --> 00:35:31,914
Why'd you do that?
392
00:35:32,000 --> 00:35:34,275
TV didn't work.
393
00:35:37,680 --> 00:35:40,274
What hotel are you staying at?
394
00:35:40,360 --> 00:35:42,635
And what are you? A cop?
395
00:35:42,720 --> 00:35:45,109
No. I'm a lawyer.
396
00:35:46,560 --> 00:35:49,996
- My ex-husband was a lawyer.
- Nice. Wonderful for you.
397
00:35:50,080 --> 00:35:51,752
Mm-hm.
398
00:35:51,840 --> 00:35:54,035
Yes, it was, actually.
399
00:35:55,200 --> 00:35:59,113
"It was, actually"?
Well, how come you called it off?
400
00:36:00,720 --> 00:36:03,029
Who says I'm the one that called it off?
401
00:36:03,440 --> 00:36:04,759
Aw!
402
00:36:04,840 --> 00:36:08,753
Well, a brick house says <i>you</i> divorced <i>him.</i>
I'll put you on your honour.
403
00:36:08,840 --> 00:36:13,709
100 bucks against you have dinner
with me tonight. I'll take your word for it.
404
00:36:14,720 --> 00:36:17,473
Come on. Tell me the truth.
405
00:36:19,360 --> 00:36:21,430
You can't lie to me.
406
00:36:23,000 --> 00:36:25,355
What's your name?
407
00:36:25,960 --> 00:36:27,552
Laura.
408
00:36:28,200 --> 00:36:30,191
Mine's Frank.
409
00:36:30,280 --> 00:36:33,397
Furthermore, you came back
to see me tonight.
410
00:36:34,000 --> 00:36:37,356
What if it wasn't you
I came back here to see tonight?
411
00:36:37,440 --> 00:36:39,829
Well, you got lucky.
412
00:36:41,400 --> 00:36:44,039
Have you eaten yet? Come on.
413
00:36:44,760 --> 00:36:47,558
My God, you are some beautiful woman.
414
00:36:51,800 --> 00:36:53,995
The weak.
415
00:36:59,720 --> 00:37:02,792
The weak have gotta have
somebody to fight for 'em.
416
00:37:02,880 --> 00:37:04,552
Ain't that the truth?
417
00:37:06,360 --> 00:37:08,032
- Want another drink?
- Yeah.
418
00:37:08,120 --> 00:37:10,475
- Jimmy!
- Yeah?
419
00:37:11,200 --> 00:37:14,954
That's why the court exists.
The court doesn't exist to give them justice.
420
00:37:15,040 --> 00:37:18,749
The court exists to give them
a chance at justice.
421
00:37:20,000 --> 00:37:22,070
Are they gonna get it?
422
00:37:22,160 --> 00:37:23,957
They might.
423
00:37:24,160 --> 00:37:26,594
They <i>might.</i>
424
00:37:26,680 --> 00:37:30,992
See, the jury wants to believe.
I mean, the jury <i>wants</i> to believe.
425
00:37:32,120 --> 00:37:33,917
It is something to see.
426
00:37:34,000 --> 00:37:37,197
I gotta go down there tomorrow
and pick out 12 of 'em.
427
00:37:37,280 --> 00:37:42,638
All of 'em, all their lives, think it's a sham,
it's rigged, you can't fight city hall.
428
00:37:44,800 --> 00:37:48,076
But when they step into that jury box...
429
00:37:48,160 --> 00:37:51,152
<i>...I</i> think you just barely see it in their eyes.
430
00:37:51,760 --> 00:37:53,557
"Maybe."
431
00:37:53,760 --> 00:37:55,910
"Maybe."
432
00:37:59,400 --> 00:38:01,550
Maybe what?
433
00:38:05,640 --> 00:38:08,108
"Maybe I can do something right."
434
00:38:12,680 --> 00:38:15,478
And... is that what you're going to do?
435
00:38:18,640 --> 00:38:21,234
Is... is that what you're going to do?
436
00:38:24,520 --> 00:38:26,909
That's what I'm gonna try to do.
437
00:38:49,040 --> 00:38:51,429
- Would you like a drink?
- Yeah.
438
00:39:08,040 --> 00:39:10,235
<i>(ice clinking)</i>
439
00:39:14,920 --> 00:39:17,229
- Water? Soda?
- No.
440
00:40:16,400 --> 00:40:18,595
That's all right.
441
00:40:40,640 --> 00:40:41,789
Ya-ha!
442
00:40:41,880 --> 00:40:43,871
Beat you, you!
443
00:40:44,840 --> 00:40:47,035
- Is that right?
<i>- (Jimmy)</i> Yeah.
444
00:40:47,120 --> 00:40:49,315
Oh, my God.
445
00:41:14,160 --> 00:41:17,550
- I met him at the club the other night.
- Poor guy.
446
00:41:20,040 --> 00:41:23,350
- You're late, Mr Galvin.
- I know. I'm sorry.
447
00:41:23,440 --> 00:41:26,796
- Why is that?
- I, uh... Well, I just got held up.
448
00:41:26,880 --> 00:41:29,440
- Ed Concannon.
- Oh, hi.
449
00:41:29,520 --> 00:41:31,909
Frank Galvin. We've met before.
450
00:41:33,880 --> 00:41:36,474
Well... here. Let's do some business.
451
00:41:44,600 --> 00:41:47,990
They tell me no bargain ever was
completed other than quickly...
452
00:41:48,080 --> 00:41:51,629
<i>...when</i> both parties really care to make a deal.
453
00:41:51,720 --> 00:41:54,280
Have you boys tried to resolve
your difficulties?
454
00:41:54,360 --> 00:41:58,956
Because that certainly would save the
Commonwealth a lot of time and bother.
455
00:41:59,040 --> 00:42:01,838
Well, it's a very complicated case,
Your Honour.
456
00:42:01,920 --> 00:42:05,390
Oh, yeah, I'm sure it is, Frank.
But, uh, let me tell you something.
457
00:42:05,480 --> 00:42:09,951
If we find it so complex, how the hell do
you think you'll make jury understand it?
458
00:42:10,040 --> 00:42:12,315
You see my point?
459
00:42:12,400 --> 00:42:14,960
Now, um... let's talk a minute.
460
00:42:16,160 --> 00:42:19,596
Frank, what would you and your client
take now, this very minute...
461
00:42:19,680 --> 00:42:22,672
<i>...to</i> walk out of here
and let this damn thing drop?
462
00:42:23,840 --> 00:42:26,673
My client can't walk, Your Honour.
463
00:42:30,160 --> 00:42:32,674
I know full well she can't, Frank.
464
00:42:32,760 --> 00:42:37,550
You see the padre on your way out.
He'll punch your ticket. You follow me?
465
00:42:37,640 --> 00:42:40,200
- I'm just trying to help you.
- Your Honour...
466
00:42:40,280 --> 00:42:45,957
...Bishop Brophy and the archdiocese
have offered the plaintiff $210,000.
467
00:42:47,680 --> 00:42:48,749
What?!
468
00:42:48,840 --> 00:42:52,833
My doctors didn't want a settlement.
They wanted this cleared up in court.
469
00:42:52,920 --> 00:42:55,309
They want their vindication.
I agree with them.
470
00:42:55,400 --> 00:42:57,709
But for today the offer stands...
471
00:42:57,800 --> 00:43:01,429
...before the... publicity of a trial begins.
472
00:43:01,960 --> 00:43:06,590
For today only. But when I walk out
that door, the offer is withdrawn.
473
00:43:07,400 --> 00:43:09,960
Just so long as
you understand that, Mr Galvin.
474
00:43:10,440 --> 00:43:12,829
Got to be that way.
475
00:43:15,360 --> 00:43:17,749
We're going to try the case.
476
00:43:21,840 --> 00:43:24,354
That's it?
477
00:43:24,440 --> 00:43:26,192
Oh, come on, guys.
478
00:43:26,960 --> 00:43:29,269
Life is too short.
479
00:43:29,360 --> 00:43:33,558
Now, you tell me if you're playing chicken
or you really mean it.
480
00:43:37,600 --> 00:43:43,311
Frank, I don't think I'm talking out of school,
but I just heard someone offer you 200 grand.
481
00:43:44,320 --> 00:43:46,151
Now that's a lot of money.
482
00:43:46,240 --> 00:43:49,596
And if I may say...
you haven't got the best of records.
483
00:43:51,000 --> 00:43:53,594
Things change.
484
00:43:53,680 --> 00:43:55,636
That's true.
485
00:43:55,720 --> 00:43:58,837
Sometimes they change,
and sometimes they don't.
486
00:43:58,920 --> 00:44:03,357
- I remember when you were disbarred...
- I wasn't. They dropped the charges.
487
00:44:03,440 --> 00:44:08,639
It seems to me, a fella's trying to come back,
he'd take this settlement.
488
00:44:08,720 --> 00:44:10,995
Get a record for himself.
489
00:44:11,080 --> 00:44:13,594
I myself would take it and run like a thief.
490
00:44:14,760 --> 00:44:17,149
I'm sure you would.
491
00:44:20,040 --> 00:44:21,439
Yeah.
492
00:44:22,760 --> 00:44:25,558
Well, we have the date set.
493
00:44:27,120 --> 00:44:29,156
Next Thursday.
494
00:44:29,240 --> 00:44:30,798
Good.
495
00:44:30,880 --> 00:44:33,348
Well... see you boys in court.
496
00:44:38,160 --> 00:44:40,355
<i>(bailiff)</i> All rise.
497
00:44:59,800 --> 00:45:00,755
<i>(sighs)</i>
498
00:45:00,840 --> 00:45:02,956
Dumb, dumb, dumb, dumb.
499
00:45:11,720 --> 00:45:14,109
- Mr Abraham?
- Abrams.
500
00:45:15,200 --> 00:45:18,715
- Mr Abrams, how are you?
- I'm fine.
501
00:45:18,800 --> 00:45:20,791
Uh...
502
00:45:21,680 --> 00:45:24,797
Have you ever been a patient
in St Catherine Labour� Hospital?
503
00:45:25,120 --> 00:45:27,509
Me?! I'm Jewish.
504
00:45:29,800 --> 00:45:33,509
- Have you ever been a patient in a hospital?
- Yes.
505
00:45:33,600 --> 00:45:35,716
Well, how did they treat you?
506
00:45:35,800 --> 00:45:38,189
I don't know what you mean.
507
00:45:43,760 --> 00:45:46,149
Been a long time, huh?
508
00:45:46,240 --> 00:45:48,674
I'll get it back. Don't worry about me.
509
00:45:49,400 --> 00:45:52,995
- Did you get the obstetric nurse?
- Maureen Rooney?
510
00:45:53,080 --> 00:45:56,834
I went over to the hospital.
She didn't wanna talk to me.
511
00:45:56,920 --> 00:46:01,357
When I get home tonight, I'll go back.
Here. Read this.
512
00:46:02,240 --> 00:46:05,232
- So what?
- "So what"? The best is yet to come.
513
00:46:05,320 --> 00:46:08,517
Check the TV guide. They got
our Dr Towler on GBH this Friday.
514
00:46:08,600 --> 00:46:12,559
<i>- The Healing Hand.</i> The expert speaks.
- Still gotta take it to a jury.
515
00:46:12,640 --> 00:46:16,633
- All I'm sayin' is, they're getting some help.
- What do you want me to do?
516
00:46:16,720 --> 00:46:20,235
Concannon's gonna try the case his way,
I'm gonna try it my way.
517
00:46:20,320 --> 00:46:24,711
You want me to go "wee wee wee" all the way
home just cos of stories in newspapers?
518
00:46:24,800 --> 00:46:26,711
I'm gonna win this case.
519
00:46:26,800 --> 00:46:29,030
John, give me a cigar, huh?
520
00:46:30,440 --> 00:46:32,476
- What day is it?
- Tuesday.
521
00:46:32,560 --> 00:46:34,835
I gotta go and meet Gruber.
522
00:46:34,920 --> 00:46:37,912
- What's a box of your best cigars?
- Macanudos.
523
00:46:38,000 --> 00:46:42,790
Then I gotta meet somebody at O'Rourke's.
Could you meet her for me? Laura Fischer.
524
00:46:42,880 --> 00:46:45,155
- 33 bucks.
- Put it on the tab.
525
00:46:45,240 --> 00:46:47,754
- The one from the other night?
- Yeah.
526
00:46:47,840 --> 00:46:50,798
See you at the office tomorrow.
We're doin' fine.
527
00:46:51,320 --> 00:46:53,515
Hey, Galvin!
528
00:46:55,040 --> 00:46:57,429
You said that you were gonna call me up.
529
00:46:57,520 --> 00:46:59,715
- You didn't call me up.
- Oh.
530
00:46:59,800 --> 00:47:02,394
Well, who... who do you think you are?
531
00:47:08,520 --> 00:47:10,715
Who do you think you are, huh?
532
00:47:12,880 --> 00:47:16,873
They tell me I can have you disbarred.
Do you know what you did?
533
00:47:17,680 --> 00:47:20,148
- I said, do you know what you did?!
- Take it easy!
534
00:47:20,240 --> 00:47:22,071
It's OK. It's OK.
535
00:47:24,760 --> 00:47:28,196
You ruined my life, mister. Me and my wife.
536
00:47:28,280 --> 00:47:31,431
And now I'm gonna ruin yours.
537
00:47:31,800 --> 00:47:34,360
You don't have to go out there
to see that girl.
538
00:47:34,440 --> 00:47:37,113
We've been going for four years now.
539
00:47:41,720 --> 00:47:45,952
See, four years... my wife
has been crying herself to sleep.
540
00:47:47,560 --> 00:47:49,994
What they did to her sister.
541
00:47:50,960 --> 00:47:55,476
Look, I swear to ya, I wouldn't turn down
the offer if I thought I couldn't win the case.
542
00:47:55,560 --> 00:47:58,028
What do you mean, what you <i>thought?</i>
543
00:47:58,120 --> 00:48:00,998
I am a working man,
trying to get my wife outta town.
544
00:48:01,080 --> 00:48:03,116
Now, we hired you, and I am paying you.
545
00:48:03,200 --> 00:48:07,432
And I gotta find out from the other side
that they offered $200,000?!
546
00:48:07,520 --> 00:48:09,317
I'm gonna win this.
547
00:48:09,400 --> 00:48:14,997
I'm going to the jury with a solid case,
I got a famous doctor for an expert witness.
548
00:48:15,600 --> 00:48:19,309
You're gonna get, what,
five, six times what you...
549
00:48:20,320 --> 00:48:22,515
You guys...
550
00:48:24,200 --> 00:48:26,589
You guys, you're all the same.
551
00:48:28,680 --> 00:48:32,514
The doctors at the hospital, you,
it's always "What I'm gonna do for ya."
552
00:48:32,600 --> 00:48:35,273
And then you screw up and it's, uh...
553
00:48:36,280 --> 00:48:39,875
<i>..."We</i> did the best that we could.
I'm dreadfully sorry."
554
00:48:40,680 --> 00:48:44,673
And people like us live with your mistakes
the rest of our lives.
555
00:48:50,120 --> 00:48:52,111
- They took back the offer.
- They?
556
00:49:20,640 --> 00:49:22,631
<i>(sighs)</i>
557
00:50:13,960 --> 00:50:16,713
- Uh, Dr Gruber.
- Dr Gruber isn't here today, sir.
558
00:50:16,800 --> 00:50:20,076
- No, David... David Gruber.
- Well, he's not on the chart.
559
00:50:20,840 --> 00:50:23,229
He hasn't been here all day.
560
00:50:29,520 --> 00:50:32,159
- Phone book?
- Yup. Right here.
561
00:50:54,360 --> 00:50:56,555
<i>(presses intercom)</i>
562
00:51:32,880 --> 00:51:35,075
<i>(rings doorbell)</i>
563
00:51:55,560 --> 00:51:57,551
- What is it?
- Dr Gruber.
564
00:51:57,640 --> 00:51:59,835
Dr Gruber's not in.
565
00:51:59,920 --> 00:52:02,673
I had an... an appointment at his office.
566
00:52:02,760 --> 00:52:05,672
Uh, I... I must have got it wrong.
I mean, we had a meeting.
567
00:52:05,760 --> 00:52:08,991
- He's not in, sir.
- Could you call him?
568
00:52:10,000 --> 00:52:14,471
You can't reach him, sir. He's in the...
on some island in the Caribbean.
569
00:52:14,560 --> 00:52:16,949
They don't have a phone.
570
00:52:17,560 --> 00:52:19,949
He'll be back in a week.
571
00:52:22,240 --> 00:52:25,118
If you'd like Dr Halfrin's number,
he's taking his calls.
572
00:52:36,560 --> 00:52:38,755
<i>(knocks)</i>
573
00:52:44,320 --> 00:52:47,153
Thank you for seeing me.
574
00:52:48,800 --> 00:52:50,995
What is it?
575
00:52:52,640 --> 00:52:54,551
I...
576
00:52:54,640 --> 00:52:57,279
I need an extension on my case.
577
00:52:59,440 --> 00:53:03,592
You should have taken their offer.
Especially if you were unprepared.
578
00:53:03,680 --> 00:53:07,468
- I had a witness disappear on me.
- That happens.
579
00:53:08,640 --> 00:53:11,029
I could subpoena him if I had a week.
580
00:53:11,120 --> 00:53:12,997
I don't have a week.
581
00:53:13,960 --> 00:53:16,758
This case should never have come to trial.
582
00:53:16,840 --> 00:53:20,276
But you know better. You're Mr Independent.
583
00:53:21,160 --> 00:53:24,277
You wanna be independent?
Be independent now.
584
00:53:25,960 --> 00:53:28,349
I have no sympathy for you.
585
00:53:31,160 --> 00:53:32,639
Stearns, Harrington.
586
00:53:32,720 --> 00:53:35,154
- You know who they are?
- Should I?
587
00:53:36,120 --> 00:53:38,395
Huge law firm.
588
00:53:39,000 --> 00:53:43,710
OK, they put him in the firm,
he... marries the daughter...
589
00:53:45,720 --> 00:53:48,951
<i>...buys</i> himself a dog, and everything is rosy.
590
00:53:50,560 --> 00:53:54,348
Then Stearns... tries to fix a case.
591
00:53:55,120 --> 00:53:59,238
- Stearns did?
- Yeah, that Frankie was workin' on.
592
00:54:01,200 --> 00:54:05,591
Figured he'd need a little help,
so he... bribed a juror.
593
00:54:07,640 --> 00:54:10,996
When Frankie heard about that,
he came to me in tears.
594
00:54:11,800 --> 00:54:16,191
He figured anyone who knew
what a spinnaker was had to be a saint.
595
00:54:17,040 --> 00:54:22,034
I said "For Christ's sakes, Frankie, wake up.
These... these people are sharks."
596
00:54:23,640 --> 00:54:28,668
"How the hell do you think they wound up
with all that goddamn money? Doing good?"
597
00:54:28,760 --> 00:54:31,593
But... he didn't wanna listen to me.
598
00:54:33,080 --> 00:54:36,959
He goes back to the boys
at Stearns and Harrington, and...
599
00:54:37,760 --> 00:54:40,957
<i>...he</i> tells them that he's very disappointed.
600
00:54:41,040 --> 00:54:43,634
He's gonna go to the judge and rat them out.
601
00:54:44,920 --> 00:54:48,515
Course, they're way ahead of him.
Before he can get there...
602
00:54:48,600 --> 00:54:53,628
<i>...he</i> runs into this federal marshal
and is indicted for jury-tampering.
603
00:54:53,720 --> 00:54:58,396
They throw him in jail, and...
he's gonna be disbarred.
604
00:54:58,480 --> 00:55:00,869
His life is over.
605
00:55:02,240 --> 00:55:05,437
<i>- Cape Cod Casualty.</i>
- Oh. Uh, Mr Alito, please.
606
00:55:05,520 --> 00:55:10,310
<i>- Business hours are over, sir.</i>
- I have to reach him. This is an emergency.
607
00:55:10,400 --> 00:55:13,472
- Please give me his home number.
<i>- Sorry, we're not allowed.</i>
608
00:55:13,560 --> 00:55:18,680
What? Well, could you, uh... could you
call him, yes, and have him call me, then?
609
00:55:18,760 --> 00:55:23,470
<i>- I can't guarantee that he'll call you back.</i>
- Yes. Oh, no, I understand, I understand.
610
00:55:23,560 --> 00:55:26,233
Thank you. Thank you.
Uh, the name is Frank Galvin.
611
00:55:26,320 --> 00:55:29,630
<i>- Could you spell that, please?</i>
- Yes. G-a-l-v-i-n.
612
00:55:29,720 --> 00:55:32,712
And I will be at the following number
in about half an hour.
613
00:55:33,200 --> 00:55:34,918
Jimmy, give me a beer, will ya?
614
00:55:35,000 --> 00:55:36,399
- Want one?
- Yeah.
615
00:55:36,480 --> 00:55:38,789
Two, huh?
616
00:55:38,880 --> 00:55:43,590
OK, so now he's in jail and he...
finally gets to see the light.
617
00:55:44,120 --> 00:55:48,477
He calls up Harrington and tells him
that he thinks he made a big mistake.
618
00:55:48,560 --> 00:55:51,597
Like that, I mean, like... like magic.
619
00:55:52,600 --> 00:55:56,593
All charges are dropped,
and he's released from jail.
620
00:55:58,800 --> 00:56:02,270
But... he's fired from the firm...
621
00:56:03,080 --> 00:56:05,071
<i>...his</i> wife divorces him...
622
00:56:05,160 --> 00:56:07,799
<i>...he</i> starts hittin' the booze...
623
00:56:07,880 --> 00:56:11,668
<i>...and</i> he mopes around
for about three and a half years.
624
00:56:12,200 --> 00:56:14,953
You like that story, Laura?
625
00:56:17,360 --> 00:56:20,238
What else do you wanna know
about Frankie?
626
00:56:24,640 --> 00:56:26,631
<i>(phone rings)</i>
627
00:56:37,800 --> 00:56:39,518
Hello?
628
00:56:39,600 --> 00:56:42,239
Oh, yeah. Thanks for calling.
629
00:56:42,320 --> 00:56:46,313
Frank Galvin. Uh...
I'm representing Deborah Ann Kaye.
630
00:56:48,120 --> 00:56:52,955
Well, uh, I'd like to discuss
your firm's offer of that 210...
631
00:56:55,360 --> 00:56:57,794
Uh, well, in the sense that, uh...
632
00:56:58,600 --> 00:57:01,114
...well, we'd like to accept it.
633
00:57:02,120 --> 00:57:03,872
Uh-huh.
634
00:57:03,960 --> 00:57:05,791
<i>(laughs)</i>
635
00:57:05,880 --> 00:57:12,558
Yeah, well, it came as something of a shock
to me too, but it is my client's wishes and...
636
00:57:12,640 --> 00:57:17,668
She changed her mind as of tonight
and, uh, of course, I tried to dissuade her.
637
00:57:18,280 --> 00:57:20,510
Uh-huh. Well...
638
00:57:20,600 --> 00:57:23,876
Uh-huh. On the eve of the trial, uh...
Well, you understand.
639
00:57:23,960 --> 00:57:27,953
I think she just came down
with a terrible case of the jitters.
640
00:57:31,320 --> 00:57:33,038
Uh-huh.
641
00:57:34,240 --> 00:57:36,708
When was that arrived at?
642
00:57:38,320 --> 00:57:42,996
Well, I know what Concannon said, but, uh...
I think you guys are making a big mistake.
643
00:57:43,080 --> 00:57:47,949
I think you oughta reconsider, I think you
oughta get the principals back together.
644
00:57:51,600 --> 00:57:53,079
OK.
645
00:57:53,160 --> 00:57:55,754
No, no. I understand.
646
00:57:56,360 --> 00:57:59,636
No, that's fine. I'm really sorry
to bother you at home.
647
00:58:03,000 --> 00:58:06,470
What happened? You didn't talk to Gruber?
648
00:58:06,880 --> 00:58:09,269
<i>Oh... (sniffs)</i>
649
00:58:10,000 --> 00:58:12,719
Concannon got to him.
650
00:58:12,800 --> 00:58:15,394
<i>(breathes heavily)</i>
651
00:58:15,480 --> 00:58:17,869
I can't even breathe in here.
652
00:58:37,200 --> 00:58:42,194
We're outta time. See if there's
somebody on this list to replace Gruber.
653
00:59:06,040 --> 00:59:09,032
Well, there's Dr Thompson. He's the nearest.
654
00:59:27,080 --> 00:59:29,230
Dr Thompson.
655
00:59:29,320 --> 00:59:34,155
Yeah, Frank Galvin, representing Deborah
Ann Kaye. We had some correspondence.
656
00:59:34,240 --> 00:59:39,917
Uh, well, I'm sorry I didn't get back to you,
but... the case got postponed.
657
00:59:40,000 --> 00:59:43,913
I had to reorganise my staff.
I'm sorry to call you so late.
658
00:59:44,000 --> 00:59:47,515
Well, uh... we've had a change of strategy.
659
00:59:48,880 --> 00:59:52,350
Uh-huh. I was just wondering
if you could, um...
660
00:59:52,440 --> 00:59:54,317
Well, it is kinda short notice, at any rate, uh...
661
01:00:01,240 --> 01:00:03,993
Would you like me to go?
662
01:00:04,080 --> 01:00:06,389
No, I...
663
01:00:06,800 --> 01:00:09,075
I just, uh...
664
01:00:09,160 --> 01:00:12,357
- Why don't you try and get some rest?
- I have work to do.
665
01:00:12,440 --> 01:00:14,829
You can't work if you can't think.
666
01:00:16,000 --> 01:00:18,389
Try and sleep.
667
01:00:18,800 --> 01:00:21,155
I'll stay here with you.
668
01:00:21,240 --> 01:00:23,276
Stay here?
669
01:00:23,360 --> 01:00:25,351
Yeah.
670
01:00:29,680 --> 01:00:33,070
I'll just see if I can get a little... a little sleep.
671
01:00:41,360 --> 01:00:44,557
- What is your name, please?
- Dr Robert Towler.
672
01:00:45,360 --> 01:00:49,353
- You were Deborah Ann Kaye's doctor?
- No, actually, she was referred to me.
673
01:00:49,440 --> 01:00:53,069
- She was Dr Hagman's...
- Don't equivocate. Be positive. Tell the truth.
674
01:00:53,160 --> 01:00:56,072
Whatever the truth is, just tell that.
You were her doctor.
675
01:00:56,160 --> 01:00:57,798
- Yes.
- Say it.
676
01:00:59,080 --> 01:01:00,433
I was her doctor.
677
01:01:00,720 --> 01:01:06,670
You were her anaesthesiologist
at the delivery on May 12th, 1976?
678
01:01:06,760 --> 01:01:12,949
- Well, I was one of a group of medical...
- No, answer affirmatively, simply, please.
679
01:01:13,040 --> 01:01:16,589
And keep your answers down to
three words. You were not part of a group.
680
01:01:16,680 --> 01:01:19,956
You were her anaesthesiologist. Isn't that so?
681
01:01:20,040 --> 01:01:20,790
Yes.
682
01:01:20,880 --> 01:01:23,599
You were there to help Dr Marx
deliver the child.
683
01:01:23,680 --> 01:01:25,557
Yes.
684
01:01:25,880 --> 01:01:28,235
Anything special about the case?
685
01:01:28,320 --> 01:01:30,675
Well, when she had been...
686
01:01:31,480 --> 01:01:34,199
- "When Debby..." Thank you.
- Uh, thank you.
687
01:01:34,280 --> 01:01:37,113
- When Debby had been...
- Remember that, Dr Towler.
688
01:01:37,200 --> 01:01:40,112
Who else was with you
in the operating room?
689
01:01:40,920 --> 01:01:45,516
Miss Nevins, nurse anaesthetist. Dr Marx, of
course. Maureen Rooney, obstetric nurse...
690
01:01:45,600 --> 01:01:48,831
And what did these people do
when her heart stopped?
691
01:01:48,920 --> 01:01:52,071
- We went to Code Blue.
- Code Blue?
692
01:01:52,160 --> 01:01:55,596
Do you mind explaining to the jury
what that means?
693
01:01:56,600 --> 01:02:01,469
It's a common medical expression. It's
a crash programme to restore the heartbeat.
694
01:02:01,560 --> 01:02:06,350
Dr Marx cut an airway in her trachea so
she could get oxygen - she and the baby.
695
01:02:06,480 --> 01:02:09,790
- Miss Nevins...
- Why wasn't she getting oxygen?
696
01:02:09,880 --> 01:02:12,553
- Many reasons, really.
- Tell me one.
697
01:02:12,640 --> 01:02:16,997
- She'd aspirated vomitus into her mask.
- She threw up in her mask.
698
01:02:17,080 --> 01:02:21,551
Cut the bullshit, please. Just say it.
"She threw up in her mask."
699
01:02:22,880 --> 01:02:24,313
She threw up in her mask.
700
01:02:24,400 --> 01:02:28,029
Therefore she wasn't getting oxygen
and her heart stopped?
701
01:02:28,120 --> 01:02:30,839
- That's right.
- And what did your team do then?
702
01:02:30,920 --> 01:02:34,674
You brought 30 years of medical experience
to bear. Isn't that what you did?
703
01:02:34,760 --> 01:02:39,470
A patient riddled with complications, with
questionable information on her charts.
704
01:02:39,560 --> 01:02:42,632
- We did everything we could.
- To save her, to save the child.
705
01:02:42,720 --> 01:02:46,713
- You reached down into death.
- We tried to save her. You can't know.
706
01:02:46,800 --> 01:02:48,279
You can't know!
707
01:02:48,360 --> 01:02:50,555
Good. Good!
708
01:02:52,080 --> 01:02:54,674
- Now tell us.
<i>- (laughter)</i>
709
01:02:59,560 --> 01:03:02,199
Well... this patient...
710
01:03:12,480 --> 01:03:14,675
Mr Galvin?
711
01:03:16,360 --> 01:03:18,555
Dr Thompson.
712
01:03:19,280 --> 01:03:21,635
Good of you to meet me.
713
01:03:23,040 --> 01:03:26,350
- Well, I'm... I'm glad you could come.
- My pleasure.
714
01:03:27,760 --> 01:03:33,039
Well... I, uh, I have some errands to run,
and then I thought we'd spend the evening...
715
01:03:33,120 --> 01:03:36,510
- That's what I planned on doing.
- And then I want you to, uh...
716
01:03:36,600 --> 01:03:38,716
<i>...to</i> go out to the home and see the girl.
717
01:03:38,800 --> 01:03:42,236
From what I've read, Mr Galvin,
you have a very good case.
718
01:03:42,320 --> 01:03:44,993
Yes, I think so. I think so.
719
01:03:45,080 --> 01:03:47,310
Well...
720
01:03:48,200 --> 01:03:50,031
Uh, well...
721
01:03:50,120 --> 01:03:52,873
You will be very comfortable.
722
01:03:52,960 --> 01:03:55,997
- I've put you up at my apartment.
- Oh, I made a reservation.
723
01:03:56,080 --> 01:04:01,108
You don't know who you're dealing with.
They'll bring a lot of pressure to bear.
724
01:04:01,200 --> 01:04:05,034
- There's nothing they can do to me.
- Please! Please, sir.
725
01:04:05,120 --> 01:04:07,315
Humour me.
726
01:04:08,440 --> 01:04:11,432
Here is the address. The key is right inside.
727
01:04:12,200 --> 01:04:14,395
341 Worth, please.
728
01:04:15,520 --> 01:04:18,318
Treat the place as your very own and, uh...
729
01:04:19,280 --> 01:04:21,510
But please, please, don't call anybody.
730
01:04:21,600 --> 01:04:24,990
And thank you...
thank you very much for coming.
731
01:04:46,240 --> 01:04:49,710
<i>- (Mickey) How's our new witness?</i>
- Did you find the obstetric nurse?
732
01:04:49,800 --> 01:04:54,112
<i>She's working the night shift at the hospital.</i>
<i>She's home now. I'll take a run over there.</i>
733
01:04:54,200 --> 01:04:58,671
Give me the address. I'm goin'.
We're gonna need her.
734
01:05:22,760 --> 01:05:25,069
Hi. Frank Galvin.
735
01:05:25,880 --> 01:05:31,000
I, uh... I represent Deborah Ann Kaye
in the case against St Catherine Labour�.
736
01:05:31,080 --> 01:05:35,392
- I told the guy I didn't wanna talk to anybody.
- It'll just take a second.
737
01:05:35,480 --> 01:05:39,189
Deborah Ann Kaye.
You know what I'm talkin' about.
738
01:05:40,480 --> 01:05:43,472
- Do you know who our chief witness is?
- No.
739
01:05:43,560 --> 01:05:48,793
David Gruber. He's the assistant chief
anaesthesiologist at Mass Commonwealth.
740
01:05:48,880 --> 01:05:54,671
He says that your doctors, Towler and Marx,
put my client in a hospital for life.
741
01:05:54,920 --> 01:05:58,629
We can prove that.
See, what we don't know is why.
742
01:05:58,720 --> 01:06:00,950
What went on in there,
in the operating room?
743
01:06:01,040 --> 01:06:04,555
I mean, something happened.
You know what it was.
744
01:06:04,640 --> 01:06:08,076
They gave her the wrong anaesthetic.
Now, something happened!
745
01:06:08,160 --> 01:06:11,550
There was a distraction.
What? The telephone? What?
746
01:06:11,640 --> 01:06:13,790
You have your doctor.
What do you need me for?
747
01:06:13,880 --> 01:06:16,519
We need someone
who was in the operating room.
748
01:06:16,600 --> 01:06:18,909
We're gonna win the case.
749
01:06:19,000 --> 01:06:22,470
There's no question of that.
It's simply a matter of how big.
750
01:06:22,680 --> 01:06:24,432
Hm.
751
01:06:24,520 --> 01:06:27,990
- Well, I don't have anything to say to you.
- You know what happened.
752
01:06:28,080 --> 01:06:31,914
- Nothing happened.
- Then why don't you testify for their side?
753
01:06:32,920 --> 01:06:37,471
I can subpoena you, you know.
I can put you up there on the stand.
754
01:06:37,560 --> 01:06:39,676
And ask me what?
755
01:06:39,760 --> 01:06:42,149
Who turned my client
into a goddamn vegetable?
756
01:06:42,240 --> 01:06:44,515
- I didn't do it.
- Who are you protecting?
757
01:06:44,600 --> 01:06:47,831
- Who says I'm protecting anyone?
- Doctors? What do you owe them?
758
01:06:47,920 --> 01:06:51,913
- I don't owe them a goddamn thing!
- Then why don't you testify for them?
759
01:06:52,000 --> 01:06:54,639
- You're very pushy, fella.
- You think I'm pushy now.
760
01:06:54,720 --> 01:06:59,396
- Wait till I get you up there on the stand!
- Well, maybe you just better do that, then!
761
01:07:00,280 --> 01:07:02,748
You know, you guys are all the same.
762
01:07:02,840 --> 01:07:05,593
You don't care who you hurt.
763
01:07:05,680 --> 01:07:08,433
All you care about is a dollar.
You're a bunch of whores!
764
01:07:09,480 --> 01:07:13,758
You've got no loyalty... no nothing.
You're a bunch of whores!
765
01:07:18,480 --> 01:07:20,869
Thank you.
766
01:07:20,960 --> 01:07:23,190
His name is Dr Lionel Thompson.
767
01:07:23,280 --> 01:07:27,558
City College of New York,
class of '28. Bachelor of Science.
768
01:07:27,640 --> 01:07:31,599
New York College of Medicine,
16th in a class of 22.
769
01:07:31,680 --> 01:07:35,719
1976, got a courtesy appointment,
staff of anaesthesiology...
770
01:07:35,800 --> 01:07:38,268
...Easthampton Hospital for Women.
771
01:07:39,080 --> 01:07:43,039
Never married. Has no honours
or degrees of any weight.
772
01:07:43,120 --> 01:07:47,477
Since 1975 he's testified in 28 court cases.
773
01:07:48,040 --> 01:07:50,474
12 malpractice.
774
01:07:50,560 --> 01:07:53,597
And... he's black.
775
01:07:56,600 --> 01:07:59,990
I'll tell you how you handle the fact
that he's black. Don't touch it.
776
01:08:00,080 --> 01:08:05,074
Don't mention it. Treat him just like
anybody else, neither better nor worse.
777
01:08:05,160 --> 01:08:08,914
And, um... let's have
a black lawyer sit at our table.
778
01:08:09,280 --> 01:08:11,510
- OK?
- Yes, sir.
779
01:08:12,520 --> 01:08:15,159
- And what else do you do?
- Uh...
780
01:08:15,240 --> 01:08:19,119
Get the record of his testimony
in the 12 malpractice cases.
781
01:08:19,200 --> 01:08:21,953
Do that. We'll be at Locke-Ober's.
782
01:08:24,720 --> 01:08:28,349
They gave her the wrong anaesthetic -
under the circumstances.
783
01:08:28,440 --> 01:08:30,158
<i>(Mickey)</i> Why is that?
784
01:08:30,240 --> 01:08:34,597
Her sister said she ate
one hour prior to admittance.
785
01:08:34,680 --> 01:08:39,390
That's what her sister says. The admittance
form says she ate nine hours prior.
786
01:08:39,480 --> 01:08:41,948
She went in complaining of nausea.
787
01:08:42,400 --> 01:08:46,518
A good doctor would have doubted
the information on the chart.
788
01:08:46,600 --> 01:08:48,830
Is that what a good doctor would do?
789
01:08:48,920 --> 01:08:52,595
- How old are you, Doctor?
- I'm 74 years old.
790
01:08:53,240 --> 01:08:56,471
And what makes you
an expert in anaesthesiology?
791
01:08:56,560 --> 01:09:01,588
I'm on the staff of anaesthesiology,
Easthampton Hospital for Women.
792
01:09:03,600 --> 01:09:05,750
The Easthampton Hospital for Women?
793
01:09:05,840 --> 01:09:08,718
What is that, a joke?
Let me tell you something, Doctor.
794
01:09:08,800 --> 01:09:12,713
Those men at Catherine Labour�, known
not only in this city but in the world...
795
01:09:12,800 --> 01:09:15,030
<i>...were</i> trying to save a woman's life.
796
01:09:15,120 --> 01:09:17,953
They were there.
And here you are, four years later...
797
01:09:18,040 --> 01:09:21,715
I made a detailed physical examination
of the patient, sir.
798
01:09:24,080 --> 01:09:27,152
Is she, uh... is she getting
good treatment over there?
799
01:09:27,240 --> 01:09:31,358
Well, actually, it's...
Yes. Well, it's by no means bad, but...
800
01:09:31,440 --> 01:09:34,318
What's the point of ruining
the reputation of two men...
801
01:09:34,400 --> 01:09:38,552
<i>...to</i> try to help a girl whose life's
not gonna be changed in the least?
802
01:09:38,640 --> 01:09:40,790
You know what Code Blue is?
803
01:09:40,880 --> 01:09:42,552
Code Blue...
804
01:09:43,720 --> 01:09:46,109
It's a common medical term.
805
01:09:54,000 --> 01:09:55,115
<i>(sighs)</i>
806
01:09:55,200 --> 01:09:57,191
We're gonna lose.
807
01:09:59,320 --> 01:10:02,118
You think it's my fault?
808
01:10:02,200 --> 01:10:04,998
Well... there must be something you can do.
809
01:10:05,080 --> 01:10:07,469
That's not the point.
810
01:10:10,640 --> 01:10:13,029
It's over.
811
01:10:25,120 --> 01:10:27,554
Do you think it's <i>my</i> fault?
812
01:10:27,640 --> 01:10:30,313
That I could have, uh...
813
01:10:30,400 --> 01:10:32,675
No. But...
814
01:10:34,680 --> 01:10:38,639
Oh, God. I never should have taken it.
There was no way I could win.
815
01:10:40,560 --> 01:10:43,233
And it's over?
816
01:10:43,320 --> 01:10:45,356
Yeah, it's over.
817
01:10:45,440 --> 01:10:48,955
But I thought it wasn't over
until the jury comes in.
818
01:10:49,760 --> 01:10:52,320
- Who'd you hear that from?
- From you.
819
01:10:55,560 --> 01:10:57,915
You <i>want</i> me to tell you it's your fault.
820
01:10:58,000 --> 01:11:01,515
OK, it probably is.
But what are you gonna do about it?
821
01:11:07,080 --> 01:11:11,915
- I wanted to talk to you. I thought maybe...
- You maybe could get some sympathy?
822
01:11:12,000 --> 01:11:14,389
You came to the wrong place.
823
01:11:15,720 --> 01:11:18,598
What makes you so tough?
824
01:11:20,840 --> 01:11:23,479
- Maybe I'll tell you later.
- Is there gonna be a later?
825
01:11:23,560 --> 01:11:29,635
Not if you don't grow up. You're like a kid,
coming in here like it's Sunday night.
826
01:11:29,720 --> 01:11:33,872
You want me to say you have a fever
so you don't have to go back to school.
827
01:11:33,960 --> 01:11:39,159
- Why won't you understand?
- I do understand, Frank. Believe me, I do!
828
01:11:39,240 --> 01:11:42,789
You say... you say
you're gonna lose, "Is it my fault?"
829
01:11:42,880 --> 01:11:45,997
The damn case starts tomorrow,
and already it's over for you.
830
01:11:46,080 --> 01:11:48,469
- It is <i>over.</i>
- You wanna be a failure?
831
01:11:48,560 --> 01:11:52,553
Then do it someplace else! I can't
invest in failure, Frank, any more.
832
01:11:53,960 --> 01:11:56,349
I can't.
833
01:11:59,440 --> 01:12:02,079
Excuse me.
834
01:12:04,600 --> 01:12:06,795
<i>(hyperventilates)</i>
835
01:12:09,960 --> 01:12:11,598
Frank?
836
01:12:13,640 --> 01:12:14,595
Frank.
837
01:12:15,440 --> 01:12:19,069
Please don't... please...
838
01:12:19,800 --> 01:12:21,995
...please...
839
01:12:23,320 --> 01:12:25,311
...please don't pressure me.
840
01:12:25,400 --> 01:12:27,595
Please don't.
841
01:13:13,920 --> 01:13:18,630
I, uh... I'm gonna do the best
that I can for you and your sister.
842
01:13:18,720 --> 01:13:22,918
I know how much it means to you,
and it means that much to me, too.
843
01:13:49,760 --> 01:13:52,149
- How ya holding up?
- Good.
844
01:13:54,320 --> 01:13:56,880
All we have is the witch doctor, huh?
845
01:13:56,960 --> 01:13:59,952
- Yeah.
- Well, look at it this way, Frankie.
846
01:14:00,960 --> 01:14:05,556
It's refreshing every time a doctor
takes the stand he's not a Jew.
847
01:14:07,640 --> 01:14:09,278
All rise!
848
01:14:25,640 --> 01:14:29,918
Hear ye, hear ye. All persons having
anything to do before the Superior Court...
849
01:14:30,000 --> 01:14:34,915
<i>...now</i> sitting at Boston, draw near,
give your attendance and you shall be heard.
850
01:14:35,000 --> 01:14:38,788
God save the Commonwealth
of Massachusetts. Be seated.
851
01:14:41,160 --> 01:14:44,118
<i>Deborah Ann Kaye</i> versus
<i>St Catherine Labour� Hospital...</i>
852
01:14:44,200 --> 01:14:47,749
<i>... and Robert S Towler MD</i>
<i>and Sheldon F Marx MD.</i>
853
01:14:49,720 --> 01:14:52,154
Is the plaintiff ready?
854
01:14:53,760 --> 01:14:56,433
- We are, Your Honour.
- Defence?
855
01:14:56,520 --> 01:14:59,432
- Ready for the defence, Your Honour.
- Let's begin.
856
01:15:01,840 --> 01:15:03,990
Your Honour...
857
01:15:05,800 --> 01:15:08,598
<i>...uh,</i> ladies and gentlemen of the jury...
858
01:15:09,920 --> 01:15:12,718
<i>...it's</i> a terrible thing to sit in judgment.
859
01:15:15,080 --> 01:15:17,674
So much rides on it.
860
01:15:17,760 --> 01:15:21,719
Uh... I know that you have thought
"How can I be pure?"
861
01:15:23,240 --> 01:15:25,470
"How can, uh...
862
01:15:26,080 --> 01:15:30,471
<i>...how</i> can I be... impartial
without being cold?"
863
01:15:30,560 --> 01:15:33,757
"How can I be, um...
864
01:15:35,280 --> 01:15:37,669
...merciful, and still be just?"
865
01:15:38,280 --> 01:15:42,034
I know that some of you
have said prayers today...
866
01:15:42,120 --> 01:15:46,079
<i>...to</i> be helped... to judge correctly.
867
01:15:47,360 --> 01:15:47,872
Uh...
868
01:15:49,360 --> 01:15:53,638
We have the reputation
of two men, two, um...
869
01:15:55,760 --> 01:15:58,354
...well-respected doctors before us...
870
01:15:58,920 --> 01:16:01,309
<i>...and</i> a renowned hospital.
871
01:16:01,920 --> 01:16:04,195
And with them we have...
872
01:16:04,280 --> 01:16:06,794
<i>...my</i> client, Deborah Ann Kaye...
873
01:16:07,800 --> 01:16:10,109
<i>...who</i> was deprived of sight...
874
01:16:13,120 --> 01:16:15,953
<i>...of</i> speech, of hearing...
875
01:16:16,840 --> 01:16:19,115
<i>...of</i> locomotion, of...
876
01:16:19,200 --> 01:16:22,158
Well, in short, everything
that constitutes her life.
877
01:16:22,240 --> 01:16:26,870
We will prove that she was deprived
through negligence...
878
01:16:28,760 --> 01:16:32,639
...through the negligence
of these... respected men.
879
01:16:34,640 --> 01:16:37,837
Uh, we will show, one...
880
01:16:38,120 --> 01:16:40,873
Why did he go to see Maureen Rooney?
881
01:16:40,960 --> 01:16:43,474
She's the only nurse who isn't testifying.
882
01:16:43,560 --> 01:16:45,949
- And what did he find?
- Nothing.
883
01:16:46,800 --> 01:16:49,109
How good's your intelligence?
884
01:16:49,200 --> 01:16:51,395
Very good.
885
01:16:52,680 --> 01:16:56,036
So what is the rest of his case,
aside from this Dr Thompson?
886
01:16:56,120 --> 01:16:58,714
As far as we know, nothing.
887
01:16:58,800 --> 01:17:03,396
Thank Mr Concannon for me.
Please tell him I'll see him in his office.
888
01:17:06,880 --> 01:17:09,269
Good morning, Doctor. Dr Thompson...
889
01:17:09,360 --> 01:17:12,989
<i>...just</i> so the jury knows,
you never treated Deborah Ann Kaye.
890
01:17:13,080 --> 01:17:15,310
- Is that correct?
- That is correct.
891
01:17:15,400 --> 01:17:18,073
I was engaged to render an opinion.
892
01:17:18,160 --> 01:17:21,675
"Engaged to render an opinion"
for a price. That is correct?
893
01:17:21,760 --> 01:17:25,116
- You are being paid to be here?
- Just as you are, sir.
894
01:17:27,880 --> 01:17:30,553
Are you board-certified
in anaesthesiology?
895
01:17:30,640 --> 01:17:33,837
No, I'm not. It's quite common
in New York State to practise...
896
01:17:33,920 --> 01:17:38,118
Yes, I'm quite sure it is,
but, um... this is, uh, Massachusetts.
897
01:17:38,200 --> 01:17:41,078
Are you board-certified in internal medicine?
898
01:17:41,160 --> 01:17:41,910
No.
899
01:17:42,000 --> 01:17:44,833
- Neurology?
- No.
900
01:17:44,920 --> 01:17:46,672
Orthopaedics?
901
01:17:46,760 --> 01:17:49,433
- I'm just an MD.
- Ah...
902
01:17:49,520 --> 01:17:52,557
Do you, uh, know Dr Robert Towler?
903
01:17:52,640 --> 01:17:54,756
- I know of him.
- And how is that?
904
01:17:55,320 --> 01:17:58,232
- Through his book.
- What book is that?
905
01:17:59,000 --> 01:18:01,833
<i>Methodology and Practice...</i>
906
01:18:04,200 --> 01:18:07,317
<i>... in... in Anesthesiology.</i> Hm.
907
01:18:07,560 --> 01:18:10,950
<i>Methodology and Practice in Anesthesiology.</i>
908
01:18:11,040 --> 01:18:12,268
Yes.
909
01:18:12,360 --> 01:18:15,989
- How old are you, Doctor?
- I'm 74 years old.
910
01:18:16,400 --> 01:18:17,992
Uh-huh.
911
01:18:18,080 --> 01:18:21,868
Do you still practise quite a lot of medicine?
912
01:18:21,960 --> 01:18:24,633
I'm, um, on the staff of anaesthesiology...
913
01:18:24,720 --> 01:18:26,711
Yes. Yes, I've heard that.
914
01:18:26,800 --> 01:18:32,158
But you do... testify quite a bit
against other physicians.
915
01:18:32,240 --> 01:18:37,678
Isn't that correct? You are available for that,
so long as you're paid to be there.
916
01:18:38,240 --> 01:18:40,629
Sir, yes.
917
01:18:42,240 --> 01:18:46,597
When a thing is wrong,
as in this case, I am available.
918
01:18:48,040 --> 01:18:50,110
I'm 74 years old.
919
01:18:50,200 --> 01:18:52,475
I'm not board-certified.
920
01:18:52,560 --> 01:18:58,635
I've been practising medicine for 46 years,
and I know when an injustice has been done.
921
01:18:58,960 --> 01:19:01,235
Do you, indeed?
922
01:19:01,320 --> 01:19:03,993
I bet you do. That's fine.
923
01:19:04,080 --> 01:19:06,435
Fine.
924
01:19:06,520 --> 01:19:08,636
Let's save the court time.
925
01:19:08,720 --> 01:19:11,951
We'll admit Dr Thompson
as an "expert witness".
926
01:19:13,960 --> 01:19:18,556
Mr Galvin, do you want to continue now?
Or we could resume this afternoon.
927
01:19:19,560 --> 01:19:21,949
I'll continue, Your Honour.
928
01:19:22,040 --> 01:19:24,235
Uh, Dr Thompson...
929
01:19:25,000 --> 01:19:30,393
<i>...did</i> you examine Deborah Ann Kaye at the
Northern Chronic Care Facility last night?
930
01:19:30,480 --> 01:19:31,595
- I did.
- Objection.
931
01:19:31,680 --> 01:19:36,959
Sustained. The witness will confine his
testimony to review of the hospital records.
932
01:19:37,520 --> 01:19:43,516
Dr Thompson, in your review of
the hospital records of May 12th 1976...
933
01:19:43,600 --> 01:19:47,798
<i>...in</i> your opinion,
what happened to Deborah Ann Kaye?
934
01:19:47,880 --> 01:19:50,553
Cardiac arrest.
935
01:19:50,640 --> 01:19:53,029
During delivery her heart stopped.
936
01:19:53,600 --> 01:19:56,831
When the heart stops,
the brain is deprived of oxygen.
937
01:19:56,920 --> 01:19:59,070
You get brain damage.
938
01:19:59,160 --> 01:20:01,879
That's why she's in the state she's in today.
939
01:20:01,960 --> 01:20:06,272
Dr Towler has testified that he restored
the heartbeat in three to four minutes.
940
01:20:06,360 --> 01:20:09,477
In your opinion, is that an accurate estimate?
941
01:20:09,840 --> 01:20:15,392
In my opinion, it took much longer - nine,
ten minutes. There's too much brain damage.
942
01:20:15,480 --> 01:20:18,950
Are you saying failure to restore
heartbeat within nine minutes...
943
01:20:19,040 --> 01:20:21,713
<i>...in</i> itself constitutes bad medical practice?
944
01:20:21,800 --> 01:20:24,268
- Your Honour!
- Yes, Mr Galvin?
945
01:20:25,080 --> 01:20:28,675
If I may be permitted to question
my own witness in my own way...
946
01:20:28,760 --> 01:20:31,228
- I'd like to get to the point.
- I am getting to...
947
01:20:31,320 --> 01:20:34,835
I believe I have the right
to ask the witness a direct question!
948
01:20:35,440 --> 01:20:38,273
Now let's not waste these people's time.
949
01:20:39,280 --> 01:20:41,430
Answer the question, Mr Witness, please.
950
01:20:41,520 --> 01:20:46,958
Would a nine-minute lapse in restoring
the heartbeat in and of itself be negligence?
951
01:20:48,360 --> 01:20:51,158
In that small context, I would have to say no.
952
01:20:51,640 --> 01:20:54,916
Then you're saying there's no negligence,
based on my question?
953
01:20:55,000 --> 01:20:59,596
- Given the limits of your question, yes.
- The doctors were not negligent.
954
01:21:01,800 --> 01:21:03,916
Thank you.
955
01:21:04,000 --> 01:21:05,718
I'm not through questioning...
956
01:21:05,800 --> 01:21:08,439
Your Honour, with all due respect...
957
01:21:09,240 --> 01:21:12,516
<i>...if</i> you're gonna try my case for me,
I wish you wouldn't lose it.
958
01:21:16,440 --> 01:21:19,750
Thank you. I think
that's enough for this morning.
959
01:21:20,200 --> 01:21:23,033
I'll see counsel in my chambers.
960
01:21:23,120 --> 01:21:25,429
- Now, please!
- All rise.
961
01:21:26,440 --> 01:21:29,034
Court is adjourned until one o'clock.
962
01:21:33,120 --> 01:21:37,272
I'm gonna write to the Board
of Bar Overseers about you today, fella.
963
01:21:37,360 --> 01:21:41,831
You're on your way out. They should have
kicked you out in that Lillibridge case.
964
01:21:41,920 --> 01:21:44,275
Now, this is it, today.
965
01:21:45,280 --> 01:21:47,794
I'm an attorney...
966
01:21:47,880 --> 01:21:51,350
<i>...on</i> trial before the Bar,
representing my client.
967
01:21:51,440 --> 01:21:55,797
<i>My</i> client. When you open your mouth,
you're losin' my case for me.
968
01:21:55,880 --> 01:21:58,235
- Listen to me, fella...
- No, you listen to me!
969
01:21:58,320 --> 01:22:00,959
All I wanted out of this trial was a fair shake.
970
01:22:01,040 --> 01:22:04,396
You push me into court five days early,
I lose my star witness...
971
01:22:04,480 --> 01:22:07,153
<i>...and</i> I can't get a continuance.
And I don't care.
972
01:22:07,240 --> 01:22:11,518
I'm goin' up there, I'm gonna try it, and
let the jury decide. They told me about you.
973
01:22:11,600 --> 01:22:14,478
Said you're a hard-ass,
you're a defendant's judge.
974
01:22:14,560 --> 01:22:17,791
Well, I don't care.
I said to hell with it. To hell with it!
975
01:22:18,000 --> 01:22:19,797
Look, Galvin, many years ago I...
976
01:22:19,880 --> 01:22:22,997
Come on! Don't give me that shit
about you bein' a lawyer too.
977
01:22:23,080 --> 01:22:25,753
I know about you.
You couldn't hack it as a lawyer.
978
01:22:25,840 --> 01:22:29,071
You were a bagman for the boys downtown,
and you still are.
979
01:22:29,160 --> 01:22:31,993
- Are you done?
- You're damn right I'm done.
980
01:22:32,080 --> 01:22:36,710
I'm gonna ask for a mistrial. I'll request
that you disqualify yourself from this case.
981
01:22:36,800 --> 01:22:40,270
I'll take a transcript of the trial
to the Judicial Conduct Board...
982
01:22:40,360 --> 01:22:44,069
<i>...and</i> ask them to impeach your ass!
- You aren't gonna get a mistrial, boy.
983
01:22:44,160 --> 01:22:47,596
We're going back,
and we're gonna try this case to the end!
984
01:22:47,800 --> 01:22:51,395
Get out of here before I call the bailiff
and have you thrown in jail!
985
01:23:07,480 --> 01:23:09,675
What does it mean?
986
01:23:09,760 --> 01:23:12,672
I mean, you, uh... have other tactics?
987
01:23:12,760 --> 01:23:17,675
Oh, yeah. They present their case, then
I get a chance, and we just cross-examine.
988
01:23:17,760 --> 01:23:22,311
Are we gonna win? I mean... I mean,
you have other tactics, though?
989
01:23:22,400 --> 01:23:23,799
Yeah.
990
01:23:28,440 --> 01:23:30,829
Thank you, Dr Towler.
991
01:23:30,920 --> 01:23:33,275
No further questions, Your Honour.
992
01:23:33,360 --> 01:23:35,078
- Dr Towler?
- Yes.
993
01:23:35,160 --> 01:23:37,435
- Let's work backwards.
- Yes.
994
01:23:38,840 --> 01:23:42,037
You have a record of what happened
in the operating room.
995
01:23:42,120 --> 01:23:46,636
You made notations every 30 seconds
of the procedures.
996
01:23:46,720 --> 01:23:51,748
These notations stop four and a half minutes
after Deborah Ann Kaye's heart stopped.
997
01:23:51,840 --> 01:23:56,868
Four and a half minutes after her heart
stopped. They resumed three minutes later.
998
01:23:56,960 --> 01:24:01,954
We had more on our minds than taking notes.
We were trying to restore her heartbeat.
999
01:24:02,040 --> 01:24:04,952
- What happened in those three minutes?
- We were trying...
1000
01:24:05,040 --> 01:24:07,315
- What happened?
- Objection, Your Honour.
1001
01:24:07,400 --> 01:24:10,312
Why did it take so long
to restore her heartbeat?
1002
01:24:10,400 --> 01:24:13,073
Almost nine minutes
to restore her heartbeat...
1003
01:24:13,160 --> 01:24:16,232
...which caused massive
irreversible brain damage.
1004
01:24:16,320 --> 01:24:18,914
You're not allowing the witness to answer.
1005
01:24:19,000 --> 01:24:22,117
Thank you, Your Honour.
I would like to answer.
1006
01:24:23,320 --> 01:24:25,629
Brain damage could have...
1007
01:24:26,640 --> 01:24:30,553
It didn't necessarily take
nine or eight minutes.
1008
01:24:30,640 --> 01:24:32,949
It could have been caused in two.
1009
01:24:33,040 --> 01:24:35,349
Wait a minute.
1010
01:24:35,960 --> 01:24:39,794
You're saying that her brain damage
could have been caused...
1011
01:24:39,880 --> 01:24:42,314
<i>...by</i> being deprived of oxygen
for two minutes?
1012
01:24:42,400 --> 01:24:43,549
Yes.
1013
01:24:44,800 --> 01:24:47,075
Why is that?
1014
01:24:48,680 --> 01:24:51,717
It's right there on her medical chart.
1015
01:24:51,800 --> 01:24:55,918
She was anaemic. Less blood, less oxygen.
1016
01:24:56,000 --> 01:24:59,310
The brain was getting less oxygen anyway.
1017
01:25:10,680 --> 01:25:12,955
I didn't do too well for you.
1018
01:25:13,960 --> 01:25:16,030
You did fine.
1019
01:25:16,120 --> 01:25:18,588
No, I'm afraid that's not true.
1020
01:25:19,600 --> 01:25:21,830
Will you want me to stay on till Monday?
1021
01:25:21,920 --> 01:25:24,753
No, uh, thank you. You can go on home.
1022
01:25:27,280 --> 01:25:32,229
You know, Mr Galvin,
sometimes people can surprise you.
1023
01:25:32,320 --> 01:25:35,915
Sometimes they have
a great capacity to hear the truth.
1024
01:25:36,920 --> 01:25:39,115
Yeah. Yes.
1025
01:25:43,760 --> 01:25:47,594
- Sure you don't want me to stay on?
- No. Thank you.
1026
01:25:48,600 --> 01:25:50,989
You can go on home.
1027
01:25:58,440 --> 01:26:00,874
I'll see you back at the office, huh?
1028
01:26:11,480 --> 01:26:13,789
- What happened?
- It's bad.
1029
01:26:16,200 --> 01:26:18,714
What are you going to do now?
1030
01:26:20,120 --> 01:26:22,588
I don't have a goddamn idea.
1031
01:26:30,240 --> 01:26:34,279
- What do you do if you don't have a witness?
- You use their witness.
1032
01:26:34,360 --> 01:26:38,148
- That's right.
- Well, I think we've tried that, Francis.
1033
01:26:38,800 --> 01:26:41,155
The case is over.
1034
01:26:41,760 --> 01:26:44,957
You know, you broke the first rule
I taught you in law school:
1035
01:26:45,040 --> 01:26:48,271
You never ask a question
unless you have the answer to it.
1036
01:26:48,360 --> 01:26:52,148
Even your own expert witness
said there was no negligence.
1037
01:26:53,160 --> 01:26:55,833
It's over, period.
1038
01:26:55,920 --> 01:27:00,630
- There'll be other cases.
- There are no other cases. This is the case.
1039
01:27:00,720 --> 01:27:03,678
There are <i>no</i> other cases. This is the case.
1040
01:27:06,680 --> 01:27:09,558
There are no other cases. This is the case.
1041
01:27:10,960 --> 01:27:13,713
No other cases, <i>this</i> is the case.
1042
01:27:16,720 --> 01:27:19,075
I know how you feel.
1043
01:27:20,880 --> 01:27:24,031
You don't believe me, but I... do know.
1044
01:27:26,240 --> 01:27:29,755
I'm gonna tell you something
that I learned when I was your age.
1045
01:27:29,840 --> 01:27:36,109
I had prepared a case, and old man White
said to me "How did you do?"
1046
01:27:36,200 --> 01:27:39,636
And I said "I did my best."
1047
01:27:40,800 --> 01:27:42,995
And he said...
1048
01:27:44,400 --> 01:27:48,313
..."You're not paid to do your best.
You're paid to win."
1049
01:27:49,320 --> 01:27:52,118
And that's what pays for this office...
1050
01:27:53,120 --> 01:27:57,557
<i>...pays</i> for the pro bono work
that we do for the poor...
1051
01:28:00,080 --> 01:28:05,154
<i>...</i> pays for the... type of law
that you want to practise.
1052
01:28:09,400 --> 01:28:11,755
It pays for my whiskey.
1053
01:28:14,560 --> 01:28:18,155
It pays for... your clothes.
1054
01:28:19,800 --> 01:28:22,360
It pays for the leisure we have to sit back...
1055
01:28:22,440 --> 01:28:26,479
<i>...and</i> discuss... philosophy,
as we're doing tonight.
1056
01:28:26,560 --> 01:28:28,994
We're paid to win the case.
1057
01:28:33,040 --> 01:28:38,637
You've finished your marriage. You...
wanted to come back and practise the law.
1058
01:28:45,320 --> 01:28:47,754
You wanted to come back to the world.
1059
01:28:53,640 --> 01:28:55,835
Welcome back.
1060
01:29:01,200 --> 01:29:03,839
Why isn't Maureen Rooney testifying?
1061
01:29:05,040 --> 01:29:07,270
Hey! You with me? You awake?
1062
01:29:07,360 --> 01:29:10,079
- Yeah, I'm awake.
- She's protecting somebody.
1063
01:29:10,160 --> 01:29:12,594
Who is she protecting?
1064
01:29:13,600 --> 01:29:14,919
Doctors?
1065
01:29:15,000 --> 01:29:18,549
If she's protecting the doctors,
she'd be on the witness stand.
1066
01:29:18,640 --> 01:29:21,029
Read me what she said.
1067
01:29:27,600 --> 01:29:31,832
"You guys are a bunch of whores.
Loyalty. Don't care who you hurt."
1068
01:29:31,920 --> 01:29:34,434
- "You guys got no loyalty."
- One of the nurses?
1069
01:29:34,520 --> 01:29:38,911
Who? Everybody who was in
the operating room is testifying.
1070
01:29:39,000 --> 01:29:41,992
All right. Who <i>wasn't</i> in the operating room?
1071
01:29:47,360 --> 01:29:49,590
The admitting nurse?
1072
01:29:50,600 --> 01:29:53,478
- What does she do?
- She took down the history.
1073
01:29:55,200 --> 01:29:58,192
And she signed it here. "KC." Kaitlin Costello.
1074
01:29:58,280 --> 01:30:00,032
- The history?
- Yeah.
1075
01:30:00,120 --> 01:30:03,510
"How old are you?
How many children do you have?"
1076
01:30:21,840 --> 01:30:27,278
"How old are you? How many children
do you have? When did you last eat?"
1077
01:31:19,520 --> 01:31:21,158
Oh, Miss Rooney. Uh...
1078
01:31:22,760 --> 01:31:26,833
I understand what you're doing,
and I just wanted you to know that it's OK.
1079
01:31:26,920 --> 01:31:30,276
- What are you talking about?
- Well, about Kaitlin Costello.
1080
01:31:30,360 --> 01:31:32,999
I mean, I don't blame you for shielding her.
1081
01:31:33,080 --> 01:31:36,868
- I spoke to her today.
- What are you talking about?
1082
01:31:37,640 --> 01:31:40,677
- I talked to her this morning, and...
- I know. She told me.
1083
01:31:40,760 --> 01:31:42,990
- She told you?!
- I just saw her.
1084
01:31:43,080 --> 01:31:45,674
In New York? You saw Kat in New York?
1085
01:31:47,120 --> 01:31:49,634
Or is she in town? Is she in town?
1086
01:31:49,960 --> 01:31:52,520
<i>(Frank)</i> Thank you. I'm sorry.
<i>(hangs up phone)</i>
1087
01:31:52,600 --> 01:31:54,909
<i>(Mickey)</i> All right. Thank <i>you. (hangs up)</i>
1088
01:31:55,000 --> 01:31:58,197
Don't we have anything
from the New York Nurse Association?
1089
01:31:58,280 --> 01:32:01,955
- That broad has disappeared.
- From the hospital?
1090
01:32:02,040 --> 01:32:04,952
Well, there's no records since she quit in '76.
1091
01:32:05,040 --> 01:32:07,838
She quit two weeks after the incident.
1092
01:32:07,920 --> 01:32:09,797
- Thank you.
- I have to talk to you.
1093
01:32:09,880 --> 01:32:10,995
I can't talk now.
1094
01:32:11,080 --> 01:32:14,959
Call the AMA. Tell 'em you're Dr Somebody
and you need to find a nurse...
1095
01:32:15,040 --> 01:32:16,996
<i>...get</i> some forms, somebody's dying.
1096
01:32:17,080 --> 01:32:23,110
Mrs Costello? I'm sorry to bother you this
late, but this is Mr Goldberg in Accounting.
1097
01:32:23,200 --> 01:32:25,998
We have some money here for you.
1098
01:32:27,320 --> 01:32:30,118
Is this the Mrs Costello, the registered nurse?
1099
01:32:30,200 --> 01:32:33,715
I see. Well, I'm sorry.
Our records must be mixed up.
1100
01:32:35,320 --> 01:32:37,993
Are you related to Kaitlin Costello?
1101
01:32:38,080 --> 01:32:41,550
- You aren't. All right, thank you.
- This is Dr Dorchester in Boston.
1102
01:32:41,640 --> 01:32:45,315
Listen, a nurse left my employment
about four years ago.
1103
01:32:45,400 --> 01:32:48,198
<i>- (Frank dials)</i>
- A Kaitlin Costello.
1104
01:32:49,200 --> 01:32:50,952
That's correct.
1105
01:32:51,040 --> 01:32:55,158
This is Mr Dorchester in Records.
I'm trying to track down a Kaitlin Costello.
1106
01:32:55,240 --> 01:32:58,676
- Laura? Laura, you got a cigarette?
- Kaitlin Costello.
1107
01:32:58,760 --> 01:33:00,876
Yeah. That's right.
1108
01:33:00,960 --> 01:33:05,272
Well, she left about four years ago,
and we're looking for her chart.
1109
01:33:05,360 --> 01:33:08,158
Kaitlin. Kaitlin Costello.
1110
01:33:09,240 --> 01:33:11,959
Laura, don't forget the cigarettes, huh?
1111
01:33:35,240 --> 01:33:37,800
<i>(Galvin)</i> Hello. This is Ross Williams calling.
1112
01:33:37,880 --> 01:33:40,235
Yes. I'm calling from California.
1113
01:33:40,320 --> 01:33:44,074
I'm sorry. I know it's very late back East,
but this is an emergency.
1114
01:33:44,160 --> 01:33:48,790
- I'd like to speak to Kaitlin Costello, please.
<i>- There's nobody here by that name.</i>
1115
01:33:48,880 --> 01:33:50,438
I see.
1116
01:33:51,440 --> 01:33:54,273
Well, our records must have
been mixed up, I guess.
1117
01:33:54,360 --> 01:33:59,354
- Is this the family of Kaitlin Costello?
<i>- You know what time it is? (hangs up)</i>
1118
01:34:09,160 --> 01:34:10,388
<i>(dials)</i>
1119
01:36:05,680 --> 01:36:08,114
<i>- Hello?</i>
- Hello. Uh...
1120
01:36:08,200 --> 01:36:12,318
I'm calling from, uh... from
<i>The Professional Nurse Quarterly.</i>
1121
01:36:12,400 --> 01:36:16,234
<i>- From the magazine?</i>
- Yes. This is Mr Wallace in Subscriptions.
1122
01:36:16,320 --> 01:36:19,630
Uh... Is this, uh... Miss Costello?
1123
01:36:19,720 --> 01:36:22,109
<i>- Yes... Price.</i>
- Pardon?
1124
01:36:22,200 --> 01:36:23,679
<i>Kaitlin Price.</i>
1125
01:36:23,760 --> 01:36:26,399
Yes. We find that
your subscription has lapsed.
1126
01:36:26,480 --> 01:36:29,950
<i>- It lapsed three years ago!</i>
- That's why we're calling, Miss Price.
1127
01:36:30,040 --> 01:36:31,712
<i>Mrs.</i>
1128
01:36:31,800 --> 01:36:35,156
Uh, we have
a "renew your subscription" offer.
1129
01:36:35,240 --> 01:36:37,151
<i>We get the magazine at work.</i>
1130
01:36:37,240 --> 01:36:41,233
Yes, I know. It's in our files. Let me see,
that's the Manhattan Health Center.
1131
01:36:41,320 --> 01:36:44,551
<i>No. At Chelsea Childcare, OK?</i>
1132
01:36:44,640 --> 01:36:48,030
<i>Look, call me Monday, hey? I'm late for work.</i>
1133
01:36:48,120 --> 01:36:50,031
<i>(hangs up)</i>
1134
01:36:50,120 --> 01:36:54,159
<i>(PA) Eastern Airlines 9am</i>
<i>air-shuttle for La Guardia...</i>
1135
01:36:54,240 --> 01:36:57,038
<i>... now ready for boarding at gate 10.</i>
1136
01:37:11,400 --> 01:37:13,391
<i>(phone rings)</i>
1137
01:37:15,320 --> 01:37:18,198
Hello? Frank? Frank, where are you?
1138
01:37:19,800 --> 01:37:22,075
You're going to New York?
1139
01:37:22,880 --> 01:37:25,553
Listen, I have to be in New York
about some business.
1140
01:37:25,640 --> 01:37:27,835
I have some papers to sign about my divorce.
1141
01:37:27,920 --> 01:37:30,639
- Could we meet there?
- Laura, you got a cigarette?
1142
01:37:30,720 --> 01:37:33,154
Could we meet in New York, Frank?
1143
01:37:33,760 --> 01:37:35,273
Yeah.
1144
01:37:35,360 --> 01:37:39,353
Yeah. The Russell Hotel.
On 38th Street, isn't it? Yeah.
1145
01:37:40,200 --> 01:37:42,873
OK. At around four?
1146
01:37:46,680 --> 01:37:49,069
I feel the same way, Frank.
1147
01:37:51,280 --> 01:37:53,669
Yeah, I know.
1148
01:37:55,320 --> 01:37:57,754
OK. I'll see you this afternoon.
1149
01:37:59,360 --> 01:38:01,351
Bye-bye.
1150
01:38:06,200 --> 01:38:08,395
Uh, Laura, I'm, uh...
1151
01:38:08,480 --> 01:38:11,278
I'm gonna go out and get some cigarettes.
1152
01:38:13,840 --> 01:38:16,195
OK, OK, OK. One basketball.
1153
01:38:16,800 --> 01:38:19,109
One football, one more basketball...
1154
01:38:19,200 --> 01:38:22,636
<i>...and</i> Duanie gets a little ball!
1155
01:38:22,720 --> 01:38:25,359
What did you do with your hand? Come here.
1156
01:38:25,440 --> 01:38:27,954
What did you do to your hand?
What did you do?
1157
01:38:28,040 --> 01:38:30,793
Hi. Let's see this.
1158
01:38:30,880 --> 01:38:33,952
I've been meaning to stop in here
for a long time.
1159
01:38:34,040 --> 01:38:38,511
- You live in the neighbourhood?
- My nephew's comin' to visit.
1160
01:38:38,600 --> 01:38:40,989
- How old is he?
- He's four.
1161
01:38:45,720 --> 01:38:47,711
Let's see what we've got here.
1162
01:38:47,800 --> 01:38:50,951
- Let's see this.
<i>- (child)</i> No! Don't take it off.
1163
01:38:51,040 --> 01:38:53,315
You're great with these kids.
1164
01:38:54,120 --> 01:38:56,270
Thank you.
1165
01:38:56,360 --> 01:38:58,749
No, I mean, you really are.
1166
01:39:01,760 --> 01:39:05,548
Oh, you're the... you're the one
they said was a nurse.
1167
01:39:07,320 --> 01:39:10,835
- Who told you that?
- Uh, I don't know. Mrs...
1168
01:39:11,160 --> 01:39:13,549
- Mrs Simmons?
- Yeah.
1169
01:39:14,960 --> 01:39:17,315
I used to be a nurse.
1170
01:39:17,920 --> 01:39:21,595
Well, it's a wonderful profession.
My daughter-in-law's a...
1171
01:39:21,680 --> 01:39:24,148
What'd you do? Did you stop?
1172
01:39:24,560 --> 01:39:26,357
Yes.
1173
01:39:26,600 --> 01:39:28,989
Why'd you do that?
1174
01:39:44,640 --> 01:39:47,108
Will you help me?
1175
01:39:59,400 --> 01:40:02,597
What's the matter?
Are you lost or something?
1176
01:40:02,680 --> 01:40:05,069
Frankie, we gotta talk.
1177
01:40:05,840 --> 01:40:09,628
Come on. There's a bar around the corner.
We'll get a cup of coffee.
1178
01:41:11,680 --> 01:41:14,069
<i>(customer)</i> Did you see that?
1179
01:41:14,880 --> 01:41:17,474
You all right, Miss?
1180
01:41:17,560 --> 01:41:19,869
- Are you OK?
- Yeah.
1181
01:41:20,680 --> 01:41:22,671
I'm all right.
1182
01:41:29,120 --> 01:41:31,554
- Leave him alone.
- Are you OK?
1183
01:41:33,560 --> 01:41:35,949
I'm all right. Thank you.
1184
01:41:56,680 --> 01:42:00,514
I talked to... Johnny White
at the Bar Association.
1185
01:42:03,160 --> 01:42:07,119
She used to work for one of
Concannon's partners in New York.
1186
01:42:07,200 --> 01:42:09,589
She wanted to come to Boston.
1187
01:42:11,240 --> 01:42:13,959
How bad did she hurt us?
1188
01:42:14,040 --> 01:42:16,235
I don't know.
1189
01:42:19,600 --> 01:42:21,875
We got a mistrial, you know.
1190
01:42:24,880 --> 01:42:27,269
Did you hear what I said, Frank?
1191
01:42:28,200 --> 01:42:30,589
I don't want a mistrial.
1192
01:42:48,520 --> 01:42:50,511
<i>(phone rings)</i>
1193
01:42:55,720 --> 01:42:58,473
- Hello?
<i>- (Laura) Is Frank there?</i>
1194
01:42:58,560 --> 01:43:01,950
- No. He's not here now.
<i>- When are you expecting him?</i>
1195
01:43:02,040 --> 01:43:04,429
- I don't know when.
<i>- (hangs up)</i>
1196
01:43:19,160 --> 01:43:21,151
Doctor Towler.
1197
01:43:21,240 --> 01:43:25,870
Page 406. "Contraindications
of General Anesthetic."
1198
01:43:25,960 --> 01:43:29,555
"A patient should refrain from
taking nourishment up to nine hours...
1199
01:43:29,640 --> 01:43:33,155
...prior to induction of general anesthetic."
Sound familiar?
1200
01:43:33,240 --> 01:43:35,913
Yes. I wrote it.
1201
01:43:37,760 --> 01:43:41,070
<i>Methodology and Practice in Anesthesiology.</i>
1202
01:43:41,160 --> 01:43:43,754
A general textbook on the subject,
is that correct?
1203
01:43:43,840 --> 01:43:45,717
I...
1204
01:43:45,800 --> 01:43:47,791
Yes, it is.
1205
01:43:48,200 --> 01:43:50,270
- And you wrote it?
- Yes.
1206
01:43:51,840 --> 01:43:54,513
Page... 414.
1207
01:43:55,200 --> 01:43:58,954
"If the patient has taken nourishment
within one hour prior to inducement...
1208
01:43:59,040 --> 01:44:03,033
...general anesthetic should be avoided
because of the grave risk...
1209
01:44:03,120 --> 01:44:07,352
<i>...the</i> patient will aspirate
food particles into his mask."
1210
01:44:07,440 --> 01:44:11,752
Is that what happened to Deborah Ann Kaye?
She aspirated food particles into her mask?
1211
01:44:11,840 --> 01:44:14,673
She threw up in her mask, yes.
1212
01:44:14,760 --> 01:44:18,673
But she hadn't eaten
one hour before admission.
1213
01:44:18,760 --> 01:44:25,233
If she <i>had</i> eaten an hour before
being admitted to the hospital...
1214
01:44:25,320 --> 01:44:31,077
<i>...then</i> the inducement of a general
anaesthetic would have been... negligent?
1215
01:44:31,640 --> 01:44:35,872
Negligent? Yes, it would have been criminal.
But such was not the case.
1216
01:44:38,880 --> 01:44:41,394
Thank you.
1217
01:44:41,480 --> 01:44:44,836
- Mr Concannon?
- No further questions, Your Honour.
1218
01:44:46,000 --> 01:44:47,911
Thank you, Dr Towler.
1219
01:44:48,000 --> 01:44:49,991
Mr Galvin, rebuttal?
1220
01:44:52,560 --> 01:44:54,949
Kaitlin Costello Price.
1221
01:44:55,040 --> 01:44:57,634
<i>(bailiff)</i> Kaitlin Costello Price.
1222
01:45:23,200 --> 01:45:25,270
State your name, please.
1223
01:45:25,360 --> 01:45:27,271
Kaitlin Costello Price.
1224
01:45:27,360 --> 01:45:31,035
Do you swear the evidence you give
will be the whole truth, so help you God?
1225
01:45:31,120 --> 01:45:33,509
- I do.
- Be seated.
1226
01:45:36,600 --> 01:45:39,194
- Kaitlin Price.
- Yes.
1227
01:45:40,240 --> 01:45:46,110
You were the admitting nurse at, uh,
St Catherine Labour� on May 12th, 1976...
1228
01:45:46,200 --> 01:45:49,397
<i>...the</i> night that they admitted
Deborah Ann Kaye?
1229
01:45:49,480 --> 01:45:50,390
Yes.
1230
01:45:50,480 --> 01:45:53,552
Did you sign this... admission form?
1231
01:45:57,960 --> 01:46:00,758
- Yes.
- Those are your initials, "KC"?
1232
01:46:00,840 --> 01:46:02,990
Kaitlin Costello.
1233
01:46:04,000 --> 01:46:06,878
That's my maiden name.
1234
01:46:08,600 --> 01:46:12,388
Did you ask the patient, uh,
when did she last eat?
1235
01:46:14,240 --> 01:46:16,356
Yes.
1236
01:46:16,440 --> 01:46:18,431
What did she say?
1237
01:46:24,400 --> 01:46:26,789
She said she'd had a full meal...
1238
01:46:28,200 --> 01:46:30,634
<i>...one</i> hour before coming to the hospital.
1239
01:46:32,520 --> 01:46:34,909
- One hour?
- Yes.
1240
01:46:39,200 --> 01:46:43,591
And did you put the numeral "one"
on this admission sheet?
1241
01:46:43,680 --> 01:46:45,830
I mean, standing for "one hour"?
1242
01:46:45,920 --> 01:46:48,115
I did.
1243
01:46:48,200 --> 01:46:50,589
A single hour?
1244
01:46:52,800 --> 01:46:54,199
Yes.
1245
01:47:00,400 --> 01:47:02,709
Thank you.
1246
01:47:02,800 --> 01:47:05,189
Your witness.
1247
01:47:11,160 --> 01:47:13,355
Anything?
1248
01:47:36,960 --> 01:47:40,111
You're aware of the penalties for perjury?
1249
01:47:41,120 --> 01:47:44,237
- It's a crime.
- It <i>is</i> a crime. A serious crime.
1250
01:47:44,480 --> 01:47:46,869
- I wouldn't do it.
- You would not?
1251
01:47:46,960 --> 01:47:48,359
No.
1252
01:47:48,440 --> 01:47:51,637
You've taken an oath
that you would not commit perjury.
1253
01:47:51,720 --> 01:47:54,518
- You've just sworn to that, isn't that right?
- Yes.
1254
01:47:54,600 --> 01:47:56,909
- Just now.
- Yes.
1255
01:47:57,720 --> 01:48:02,157
You have sworn before God
that you would tell the truth.
1256
01:48:04,280 --> 01:48:04,996
Yes.
1257
01:48:05,080 --> 01:48:08,755
Now... I want to ask you something.
1258
01:48:10,200 --> 01:48:12,919
Four years ago, when you
were working as a nurse...
1259
01:48:13,000 --> 01:48:16,595
<i>...are</i> you aware that
these doctors, Marx and Towler...
1260
01:48:16,680 --> 01:48:20,832
...based their treatment of
Deborah Ann Kaye on this admitting form...
1261
01:48:20,920 --> 01:48:23,229
...which you signed?
1262
01:48:25,720 --> 01:48:26,118
I...
1263
01:48:26,200 --> 01:48:30,113
Wasn't that an oath?
These are your initials, "KC."
1264
01:48:30,200 --> 01:48:32,555
When you signed this form,
you took an oath...
1265
01:48:32,640 --> 01:48:36,519
<i>...no</i> less important than that
which you've taken today.
1266
01:48:36,600 --> 01:48:38,989
Isn't that right?
1267
01:48:40,960 --> 01:48:43,474
- Isn't that right?
- Yes.
1268
01:48:44,720 --> 01:48:46,995
Then which is correct?
1269
01:48:47,080 --> 01:48:51,198
You've sworn today that the patient
ate one hour before admittance.
1270
01:48:51,280 --> 01:48:55,592
Four years ago you swore that
she ate <i>nine</i> hours before admittance.
1271
01:48:56,600 --> 01:48:58,989
All right, which is the lie?
1272
01:48:59,920 --> 01:49:02,559
- I...
- These men could have settled out of court.
1273
01:49:02,640 --> 01:49:05,200
They wanted a trial to clear their names.
1274
01:49:05,280 --> 01:49:10,400
And you would come here, and on a slip of
memory four years ago, you'd ruin their lives.
1275
01:49:10,480 --> 01:49:14,029
- They lied.
- They lied?! <i>They</i> lied!
1276
01:49:14,120 --> 01:49:16,634
When did <i>they</i> lie?
1277
01:49:16,720 --> 01:49:18,870
- Do you know what a lie is?
- I do, yes.
1278
01:49:18,960 --> 01:49:21,997
You swore on this form
that the patient ate nine hours...
1279
01:49:22,080 --> 01:49:25,390
- That's not what I wrote.
- You just told me that you signed it.
1280
01:49:25,480 --> 01:49:28,597
I... Yes, I... yes, I... I signed it, yes.
1281
01:49:30,000 --> 01:49:32,389
But I didn't write a nine.
1282
01:49:33,920 --> 01:49:36,309
I wrote a one.
1283
01:49:37,880 --> 01:49:41,156
You didn't write a nine, you... wrote a one.
1284
01:49:41,920 --> 01:49:45,390
And how is it that you remember
so clearly after four years?
1285
01:49:46,600 --> 01:49:47,476
<i>(sighs)</i>
1286
01:49:47,560 --> 01:49:50,199
Because I kept a copy.
1287
01:49:50,640 --> 01:49:53,108
- I have it right here.
- Objection!
1288
01:49:53,720 --> 01:49:56,951
We can't accept a copy
when the court already has the original.
1289
01:49:57,040 --> 01:49:59,634
I'll rule on that presently.
1290
01:50:01,320 --> 01:50:03,515
Please, proceed.
1291
01:50:07,880 --> 01:50:12,954
What in the world induced you to make
a photocopy of an obscure record...
1292
01:50:13,040 --> 01:50:15,349
<i>...and</i> hold it for four years?
1293
01:50:17,600 --> 01:50:19,830
Your Honour, this...
1294
01:50:25,600 --> 01:50:27,830
Uh, why... why would you do that?
1295
01:50:29,360 --> 01:50:31,555
<i>(sighs)</i>
1296
01:50:32,400 --> 01:50:36,188
- I thought I might need it.
- And why would you think that?
1297
01:50:43,960 --> 01:50:46,155
After...
1298
01:50:47,240 --> 01:50:49,435
...after the operation...
1299
01:50:50,840 --> 01:50:54,958
<i>...when</i> that poor girl, she went into a coma,
Dr Towler called me in.
1300
01:50:57,000 --> 01:50:59,150
He told me...
1301
01:51:00,160 --> 01:51:03,869
<i>...that</i> he'd had
five difficult deliveries in a row...
1302
01:51:05,160 --> 01:51:07,469
<i>...and</i> he was tired.
1303
01:51:09,720 --> 01:51:12,712
And he never looked at the admittance form.
1304
01:51:15,120 --> 01:51:17,714
And he told me to change the form.
1305
01:51:20,080 --> 01:51:22,594
He told me to change the one...
1306
01:51:23,200 --> 01:51:25,509
<i>...to</i> a nine.
1307
01:51:26,720 --> 01:51:32,875
Or else... or else, he said... He said
he'd fire me. He said I'd never work again.
1308
01:51:32,960 --> 01:51:34,996
Who were these men?!
1309
01:51:35,080 --> 01:51:38,072
Who were these men?!
I wanted to be a nurse!
1310
01:51:46,880 --> 01:51:49,348
No further questions, Your Honour.
1311
01:51:50,720 --> 01:51:53,109
You may step down.
1312
01:52:03,760 --> 01:52:05,751
Mr Galvin?
1313
01:52:07,960 --> 01:52:10,315
Nothing further, Your Honour.
1314
01:52:10,400 --> 01:52:12,595
Mr Concannon?
1315
01:52:14,880 --> 01:52:16,233
Mr Concannon.
1316
01:52:19,280 --> 01:52:22,750
Thank you, Your Honour. We object
to the copy of the admitting form...
1317
01:52:22,840 --> 01:52:28,312
<i>...and</i> we cite <i>McGee</i> versus
<i>the State of Indiana,</i> United States 131.2.
1318
01:52:28,720 --> 01:52:32,713
"The admission of a duplicate document
in preference to an existing original...
1319
01:52:32,800 --> 01:52:38,238
<i>...must</i> presuppose the possibility of
alteration and so must be disallowed."
1320
01:52:39,400 --> 01:52:43,871
And, Your Honour, having
given the plaintiff the leeway...
1321
01:52:43,960 --> 01:52:46,952
<i>...we</i> would like your ruling on this issue <i>now.</i>
1322
01:52:47,440 --> 01:52:50,671
We object to the admission
of a Xerox photocopy.
1323
01:52:53,560 --> 01:52:55,949
Uh, one moment, Mr Concannon.
1324
01:53:00,440 --> 01:53:02,670
Yes. The document is disallowed.
1325
01:53:02,760 --> 01:53:04,398
- Objection!
- Overruled.
1326
01:53:04,480 --> 01:53:06,391
- Exception!
- Noted. Thank you.
1327
01:53:08,400 --> 01:53:10,675
Legally, he's right.
1328
01:53:11,640 --> 01:53:17,590
The jury will not consider the testimony
of Miss Costello regarding the Xerox form.
1329
01:53:17,680 --> 01:53:19,796
It is unsubstantiated.
1330
01:53:20,440 --> 01:53:24,274
We cannot accept a copy
in preference to the original.
1331
01:53:24,720 --> 01:53:28,872
Thank you, Your Honour. Furthermore,
Miss Costello is a rebuttal witness.
1332
01:53:28,960 --> 01:53:33,192
As the court knows, no prior notice
was given of Miss Costello's appearance.
1333
01:53:33,280 --> 01:53:37,558
And as a surprise witness, she may
serve only to rebut direct testimony.
1334
01:53:38,280 --> 01:53:43,354
As her only evidentiary rebuttal is the
admitting form which has been disallowed...
1335
01:53:43,440 --> 01:53:46,591
<i>...I</i> request that
her entire testimony be disallowed...
1336
01:53:47,080 --> 01:53:52,393
<i>...and</i> that the jury be advised to totally
disregard her entire appearance here.
1337
01:53:53,400 --> 01:53:55,960
- Yes, I'm going to uphold that.
- Objection.
1338
01:53:56,360 --> 01:53:58,794
- Overruled.
- Exception.
1339
01:53:58,960 --> 01:54:01,349
Noted. Thank you.
1340
01:54:02,080 --> 01:54:06,153
The jury will be advised not to consider
the testimony of Miss Costello.
1341
01:54:06,520 --> 01:54:09,239
Miss Costello was a rebuttal witness.
1342
01:54:09,320 --> 01:54:13,029
The sole rebuttal was the document,
which has been disallowed.
1343
01:54:13,840 --> 01:54:17,958
Her entire testimony
must be stricken from the record.
1344
01:54:18,040 --> 01:54:20,759
You shouldn't have heard it.
That was my mistake.
1345
01:54:20,840 --> 01:54:23,957
You must strike it from your minds.
Give it no weight!
1346
01:54:28,520 --> 01:54:30,795
Legally, it's over.
1347
01:54:31,800 --> 01:54:34,030
Concannon was brilliant.
1348
01:54:34,640 --> 01:54:37,074
Tell me about Kaitlin Costello.
1349
01:54:37,160 --> 01:54:40,596
There's nothing to tell.
It's been stricken from the record.
1350
01:54:40,960 --> 01:54:43,554
I know. But did you believe her?
1351
01:54:58,680 --> 01:55:00,671
Mr Galvin?
1352
01:55:04,480 --> 01:55:07,074
Mr Galvin? Summation?
1353
01:55:26,160 --> 01:55:28,196
Well...
1354
01:55:29,000 --> 01:55:32,072
You know, so much of the time,
we're just lost.
1355
01:55:34,480 --> 01:55:36,755
We say "Please, God...
1356
01:55:37,360 --> 01:55:40,352
<i>...tell</i> us what is right, tell us what is true."
1357
01:55:43,280 --> 01:55:45,669
I mean, there is no justice.
1358
01:55:47,320 --> 01:55:49,914
The rich win, the poor are powerless.
1359
01:55:55,280 --> 01:55:59,956
We become... tired of hearing people lie.
1360
01:56:02,680 --> 01:56:05,274
And after a time we become dead.
1361
01:56:07,880 --> 01:56:10,678
A little dead. We think of ourselves...
1362
01:56:12,960 --> 01:56:15,190
<i>...as</i> victims.
1363
01:56:16,200 --> 01:56:18,589
And we become victims.
1364
01:56:21,200 --> 01:56:23,430
We become...
1365
01:56:25,840 --> 01:56:28,070
<i>...we</i> become weak.
1366
01:56:30,080 --> 01:56:32,913
We doubt ourselves, we doubt our beliefs.
1367
01:56:35,120 --> 01:56:37,509
We doubt our institutions.
1368
01:56:40,640 --> 01:56:43,074
And we doubt the law.
1369
01:56:43,160 --> 01:56:45,549
But today you are the law.
1370
01:56:49,320 --> 01:56:51,709
You are the law.
1371
01:56:55,800 --> 01:56:58,678
Not some book, not the lawyers.
1372
01:57:01,960 --> 01:57:04,349
Not a marble statue...
1373
01:57:05,760 --> 01:57:08,149
<i>...or</i> the trappings of the court.
1374
01:57:10,680 --> 01:57:13,035
See, those are just symbols...
1375
01:57:13,840 --> 01:57:16,035
<i>...of</i> our desire...
1376
01:57:17,240 --> 01:57:19,435
<i>...to</i> be just.
1377
01:57:22,840 --> 01:57:25,274
They are...
1378
01:57:25,360 --> 01:57:27,794
<i>...they</i> are, in fact, a prayer.
1379
01:57:29,600 --> 01:57:32,398
I mean, a fervent and a frightened prayer.
1380
01:57:37,560 --> 01:57:39,869
In my religion...
1381
01:57:41,080 --> 01:57:43,674
<i>...they</i> say "Act as if ye had faith...
1382
01:57:45,920 --> 01:57:48,388
<i>...and</i> faith will be given to you."
1383
01:57:51,280 --> 01:57:53,475
Lf...
1384
01:57:56,960 --> 01:57:59,952
<i>...if</i> we are to have faith in justice...
1385
01:58:02,560 --> 01:58:05,552
<i>...we</i> need only to believe in ourselves...
1386
01:58:07,440 --> 01:58:09,874
<i>...and</i> act with justice.
1387
01:58:11,880 --> 01:58:14,872
See, I believe there is justice in our hearts.
1388
01:59:02,040 --> 01:59:04,918
Have you reached a verdict?
1389
01:59:05,000 --> 01:59:06,956
We have, Your Honour.
1390
01:59:07,040 --> 01:59:11,591
Your Honour, we've agreed to hold
for the plaintiff, Deborah Ann Kaye...
1391
01:59:11,680 --> 01:59:16,708
<i>...and</i> against St Catherine Labour�,
and Doctors Towler and Marx.
1392
01:59:17,280 --> 01:59:20,716
But, Your Honour, are we limited
on the size of the award?
1393
01:59:20,800 --> 01:59:22,279
What I mean, sir...
1394
01:59:22,360 --> 01:59:27,832
Are we permitted to award an amount greater
than the amount the plaintiff asked for?
1395
01:59:31,400 --> 01:59:33,595
You are.
1396
01:59:34,000 --> 01:59:39,233
You're not bound by anything other than
your good judgment, based on the evidence.
1397
01:59:39,840 --> 01:59:43,879
Please retire, and when you've agreed
on the amount of the award...
1398
01:59:47,840 --> 01:59:50,229
You did it, Frank.
1399
01:59:53,200 --> 01:59:55,589
Way to go, Frank.
1400
02:00:45,960 --> 02:00:47,951
<i>(rings)</i>
1401
02:03:20,000 --> 02:03:23,549
Visiontext Subtitles: Paul Murray
1402
02:03:37,200 --> 02:03:39,191
ENGLISH SDH