1. In the criminal
justice system...Copy !req
2. the people are represented by two
separate yet equally important groups:Copy !req
3. the police who
investigate crime...Copy !req
4. and the district attorneys
who prosecute the offenders.Copy !req
5. These are their stories.Copy !req
6. Nurse, it's been an hour.Copy !req
7. Maybe I should have called
a hearse, skip the middleman.Copy !req
8. Nobody ever died of
whiplash, Mr. Wallengren.Copy !req
9. Look, I got Blue
Cross, I got Blue Shield.Copy !req
10. What do I gotta do to get
my wife in to see a doctor?Copy !req
11. We're doing our best.Copy !req
12. You want to complain,
fax it to Hillary.Copy !req
13. Get you another ice pack.Copy !req
14. It's gonna take another
15 minutes, I don't know.Copy !req
15. What are you doing? I'll get it.Copy !req
16. Holy...Copy !req
17. Nurse!Copy !req
18. Name's Debra Elkins.Copy !req
19. Twenty-two. Her driver's license
is from upstate. Poughkeepsie.Copy !req
20. She gonna make it to 23?Copy !req
21. She must have lost two
and a half pints of blood.Copy !req
22. BP was way down.Copy !req
23. She was lucky that we
found her when we did.Copy !req
24. Wait. What do mean, you
found her? It was a zoo in here.Copy !req
25. One of the patients
noticed her. She was alone.Copy !req
26. Unconscious and hemorrhaging.Copy !req
27. What do you think, her
boyfriend got fancy with a knife?Copy !req
28. I first assumed it was
with a coat hanger.Copy !req
29. A botched third
trimester abortion.Copy !req
30. But her hemorrhage is a
postpartum complication.Copy !req
31. So she gave birth.Copy !req
32. Not easily, I'm afraid. Her
uterus is grossly over-distended.Copy !req
33. We have her on IV.
Oxytocin. She'll be all right.Copy !req
34. Okay, so why are we
here? Where's the baby?Copy !req
35. The doctor said it wasn't
supposed to happen...Copy !req
36. for another two weeks.Copy !req
37. My mom gave me some money...Copy !req
38. and I was in town for the
day buying baby clothes.Copy !req
39. You don't remember giving birth?Copy !req
40. Well, I went and took
a walk after dinner...Copy !req
41. and I got these sharp pains.Copy !req
42. I didn't know what to do.Copy !req
43. This man...Copy !req
44. he put me in a taxi.Copy !req
45. I must've passed out.Copy !req
46. Did your husband come
down here with you?Copy !req
47. I'm not married.Copy !req
48. Well, the baby's father.Copy !req
49. I was raped at work.Copy !req
50. It's still my baby.Copy !req
51. Do you think you'd
remember that cab driver?Copy !req
52. What kind of person
steals someone's baby?Copy !req
53. I've been through two births.Copy !req
54. I remember every push and
squeeze. I'll tell you what...Copy !req
55. passing out is the
impossible dream.Copy !req
56. This girl's story does not jive.Copy !req
57. What are you saying, she took an
hour bus ride to dump the kid in an alley?Copy !req
58. Read the stats. Last year, 11,000
abandoned babies in New York alone.Copy !req
59. Most of whose mothers spend their
days on the short end of a crack pipe.Copy !req
60. This girl's tox
report is negative.Copy !req
61. You said she was raped, right?Copy !req
62. Maybe she's not as happy about
maternity as she would have us believe.Copy !req
63. Well, there are
other alternatives.Copy !req
64. Yes, well, maybe not everyone's
as enlightened as you are, Mike.Copy !req
65. It's our lucky day.
Struck gold, fifth try.Copy !req
66. Last night, a hack from
Madison Taxi turns in a cab.Copy !req
67. Back seat covered with blood.Copy !req
68. They're all animals.Copy !req
69. They think for a $5
fare they rent a toilet.Copy !req
70. They don't care what kind of
garbage they leave in the back seat.Copy !req
71. Yeah, well, is this
particular garbage new?Copy !req
72. Hey, just because I live in
a sty doesn't mean I'm a pig.Copy !req
73. We clean up after every shift.
It's good for the Midtown trade.Copy !req
74. Okay, so who was
driving this car last night?Copy !req
75. The Russki. Alex Walinsky.Copy !req
76. We're gonna need an address.Copy !req
77. Yeah, let me see. Here you go.Copy !req
78. 102 East 16th.Copy !req
79. He should be there.
He called in sick.Copy !req
80. If he doesn't recover by
tomorrow, you tell him, don't bother.Copy !req
81. Alex Walinsky? Yes.Copy !req
82. What's this? I did
nothing wrong. Yeah?Copy !req
83. Well, there's a new mother with
tubes up her nose who might disagree.Copy !req
84. If he's a day old, call the
Guinness Book of Records.Copy !req
85. What are you doing with
my son? Here, take him.Copy !req
86. What did you do with the
kid you found in your cab?Copy !req
87. Kid? We saw your car.Copy !req
88. Your last fare didn't
have a nosebleed.Copy !req
89. That girl, she was sick.Copy !req
90. She told me to take
her to the hospital.Copy !req
91. Do you remember where
you picked the girl up?Copy !req
92. On Lexington, in the 30s.Copy !req
93. In front of St. Paul Hotel.Copy !req
94. I swear to you,
there was no baby.Copy !req
95. If Dr. Zhivago's telling the
truth maybe Van Buren was right.Copy !req
96. I don't know, you gotta be
awful desperate to dump a kid.Copy !req
97. This from a guy who spent the last
20 years trying to avoid fatherhood?Copy !req
98. Hey, back off, all right?Copy !req
99. I didn't want the
abortion, she did.Copy !req
100. Okay, a girl comes to
town for one day's shopping.Copy !req
101. Does she check into a hotel?Copy !req
102. Let's hope the kid's watching Sesame
Street and ordering room service.Copy !req
103. Sure, I got her a cab.Copy !req
104. She was white as a sheet. Looked
like she was about to pass out.Copy !req
105. She okay? She'll live.Copy !req
106. She have a baby with her
when you put her in that cab?Copy !req
107. No.Copy !req
108. What the hell happened here?Copy !req
109. My guess, the
miracle of childbirth.Copy !req
110. There's more blood in
the bathroom. Look at this.Copy !req
111. Briscoe. Yeah, I'm
gonna need a CSU unit.Copy !req
112. St. Paul Hotel,
38th and Lexington.Copy !req
113. You sure you didn't see a baby?Copy !req
114. No. Just the two of them.Copy !req
115. The two of them? The
boyfriend. He checked in with her.Copy !req
116. Shaw, Steven J.Copy !req
117. Said he wasn't staying but...Copy !req
118. a couple of kids paying cash, I take
everybody's name just to make sure.Copy !req
119. You keep phone records? Yeah.Copy !req
120. I don't know what
you're talking about.Copy !req
121. Come on. You told us you
were in town for the day.Copy !req
122. You've been in a hotel
since last Tuesday.Copy !req
123. You told us you
were in town alone...Copy !req
124. and then we find out
your boyfriend's with you.Copy !req
125. What difference
does any of this make?Copy !req
126. My baby's still missing.Copy !req
127. It's all these lies, Debra.Copy !req
128. It makes us think that maybe
you know where your baby is.Copy !req
129. If I knew, why
wouldn't I tell you?Copy !req
130. Where's your friend Shaw?Copy !req
131. He stayed with me one
night, then he went back home.Copy !req
132. Yeah, well, the problem is
there's no Steven Shaw listed...Copy !req
133. in the Poughkeepsie phone book.Copy !req
134. They ran the hotel's
phone records.Copy !req
135. This girl made 14 calls to
her voicemail in Poughkeepsie.Copy !req
136. She's got a lot of friends?
She made one local call.Copy !req
137. William Wendyll,
attorney at law.Copy !req
138. Debbie Elkins. One of the
young, the poor, the pregnant.Copy !req
139. Well, not anymore. She
gave birth two days ago.Copy !req
140. Good for her.Copy !req
141. But it's really not
my problem anymore.Copy !req
142. Was it ever?Copy !req
143. When my clients were in
the running, it certainly was.Copy !req
144. Well, wait, let's just
back up a couple of steps.Copy !req
145. My business is adoptions. I
help my clients find these girls.Copy !req
146. I screen out the kooks, and in
one out of every eight cases...Copy !req
147. I help them through the system. I
thought Debbie was one of the good ones.Copy !req
148. Goes to show.Copy !req
149. She called me a couple of days
ago, and she changed her mind.Copy !req
150. She said that she
wanted to keep her baby.Copy !req
151. Looks like she didn't
do a very good job.Copy !req
152. Let me ask you something.Copy !req
153. You get paid only
on delivery, right?Copy !req
154. Sure. Why? Just thinking.Copy !req
155. Debbie's kid's missing.Copy !req
156. Maybe one of your clients did
an end run around your legal fee.Copy !req
157. Are you kidding?
Those people are loaded.Copy !req
158. My fee is meaningless.Copy !req
159. Did Elkins ever
mention a Steven Shaw?Copy !req
160. Look, Detectives, these
girls are very skittish.Copy !req
161. They just don't
open up to lawyers.Copy !req
162. Yeah, sure, but they spend a
lot of time with their clients, right?Copy !req
163. That is attorney-client
privilege.Copy !req
164. We're investigating kidnapping
and child endangerment, Counselor.Copy !req
165. If you hinder prosecution,
we'll come back...Copy !req
166. with material witness
warrants for your clients.Copy !req
167. Stephanie. Yes, sir?Copy !req
168. Get the Savitts on
the phone, please.Copy !req
169. First, it was our careers,
then, it was financial security...Copy !req
170. then, emotional security, and
by the time we were ready...Copy !req
171. We tried fertility drugs,
in vitro, everything.Copy !req
172. We thought Debbie was
finally the one. We sure did.Copy !req
173. Let me show you something.Copy !req
174. We did exactly what
Bill Wendyll told us.Copy !req
175. We put ads in college newspapers,
in regional papers in the southeast.Copy !req
176. "Our hearts are open
to receive your baby.Copy !req
177. "We have so much
love to give. Please call."Copy !req
178. We had an 800 number installed.
We received calls every day.Copy !req
179. Debra was the seventh
girl we interviewed.Copy !req
180. She got our number from
the school paper at Hudson.Copy !req
181. She said she was a rape victim,
someone that she worked with.Copy !req
182. We felt so sorry for her.Copy !req
183. I don't mean to be crass, but we spent
a lot of effort and money on this girl.Copy !req
184. You put her on salary?
She was carrying our child.Copy !req
185. We wanted to make sure she had
good nutrition, proper medical care.Copy !req
186. We felt she deserved it.Copy !req
187. Did she ever talk about
somebody named Shaw?Copy !req
188. She had us make a check
out once to a Steven Shaw.Copy !req
189. She told us he was her landlord.Copy !req
190. You still have that
cancelled check? Yeah.Copy !req
191. When you find the baby,
could you give us a call?Copy !req
192. Ma'am, please.Copy !req
193. It would mean so much
to me. To both of us.Copy !req
194. Yeah, I know people
want kids. But advertising?Copy !req
195. 800 numbers? It's a little nuts.Copy !req
196. Hey, there's two kinds
of people in this world.Copy !req
197. Those with kids, and those
without. That's right, Pops.Copy !req
198. Yo.Copy !req
199. Okay, go.Copy !req
200. Right. Got it.Copy !req
201. What? You're kidding me.Copy !req
202. Okay. Thanks.Copy !req
203. I got Shaw's address
in Poughkeepsie.Copy !req
204. Oh, good, a road trip to Hudson.Copy !req
205. Haven't done one of
those since college.Copy !req
206. Don't pack your rubbers yet.Copy !req
207. The bank said they wired $10,000
out of his account to Western Union...Copy !req
208. in Midtown this morning.Copy !req
209. Well, that'll buy the
baby some formula.Copy !req
210. Here we go. The wire
transfer arrived at 1:00.Copy !req
211. Mr. Shaw signed for it at 1:40.Copy !req
212. Do you remember if
he had a baby with him?Copy !req
213. Sorry, a lot of business today.Copy !req
214. Come on, what're you doing
up there, balancing a checkbook?Copy !req
215. That's right.Copy !req
216. And when we're
finished, you'll know.Copy !req
217. By any chance, did Mr. Shaw
leave a local address?Copy !req
218. It says here, "When wire is
received, call him at the Lowery Hotel."Copy !req
219. Thank you.Copy !req
220. Who are you? We
ask the questions.Copy !req
221. Are you Steven J.
Shaw? Yeah. So what?Copy !req
222. Hey, what the hell's
going on? Shut up.Copy !req
223. Okay.Copy !req
224. What do you think you're doing?Copy !req
225. Our favorite thing.Copy !req
226. Steven Shaw,
you're under arrest.Copy !req
227. Hi, this is Det. Logan. I'm in
Room 512 at the Lowery Hotel.Copy !req
228. Have an ambulance
respond to a newborn male.Copy !req
229. You have the
right to an attorney.Copy !req
230. If you cannot afford one,
one will be provided for you.Copy !req
231. You're not Debra's landlord.Copy !req
232. You're not her husband.Copy !req
233. You're not even
the kid's father.Copy !req
234. So what were you doing in
a hotel room with the baby?Copy !req
235. I told you.Copy !req
236. I am her boyfriend. You're
quite a lady's man, Steven.Copy !req
237. You always let your girlfriends
bleed half to death in a cab?Copy !req
238. She wanted me to
stay with the baby.Copy !req
239. There's plenty of room in
that taxi for all three of you.Copy !req
240. I understand the jam
you're in. It's not your kid.Copy !req
241. You wanted her to give it up, she
didn't want to. You two had a fight.Copy !req
242. I didn't care that
she had been raped.Copy !req
243. We both wanted
the baby, all right?Copy !req
244. Hey, if it was me, and I
found out she was pregnant...Copy !req
245. man, I would've
grabbed my hat and split.Copy !req
246. You know, I don't know
what you're talking about.Copy !req
247. I want to talk to Debbie.Copy !req
248. Listen, dumping that kid somewhere
was gonna make your life...Copy !req
249. a hell of a lot easier, wasn't
it? You're wrong, man, all right?Copy !req
250. Just ask Debbie. You'll see.Copy !req
251. Jeez, this is bad.Copy !req
252. What are you hassling me for?Copy !req
253. I didn't do anything wrong.Copy !req
254. You know what really
pisses me off, Debbie?Copy !req
255. Some little bitch wasting
three days of my life.Copy !req
256. So you gonna arrest me for it?Copy !req
257. No. But how about child
abandonment? That's pretty serious.Copy !req
258. What abandonment?
I left him with Steven.Copy !req
259. Okay, so we'll add
endangerment to the list.Copy !req
260. He'd never hurt the baby.Copy !req
261. After all the lying
you've done...Copy !req
262. who do you think the
judge is gonna believe?Copy !req
263. What do you want from me?Copy !req
264. For starters? Why are
you jerking us around?Copy !req
265. Forget it, Mike.Copy !req
266. We'll just throw both of them in
the can and let the DAs sort it out.Copy !req
267. The kid's gonna wind
up in foster care anyway.Copy !req
268. Here we go again, man,
just like the last time.Copy !req
269. Those bastards at Child Welfare.Copy !req
270. They said I was unfit.Copy !req
271. They took my daughter away.Copy !req
272. I wasn't gonna let
that happen again.Copy !req
273. What do you want me to
do? There's no crime here.Copy !req
274. She intentionally interfered
with a police investigation.Copy !req
275. That'd get her six months.Copy !req
276. And you know a judge who'd
put her in prison with a newborn?Copy !req
277. - Forget about it, Lennie.
- She's just a kid.Copy !req
278. She got screwed by the system
once. Who can blame her for lying to us?Copy !req
279. Child Welfare was right
the first time. She's garbage.Copy !req
280. I'll tell you what. We let
her go, we might as well...Copy !req
281. get a head start and
arrest the baby right now.Copy !req
282. Van Buren. Yes, they're here.Copy !req
283. When? Thanks.Copy !req
284. The Foundling
Hospital just called.Copy !req
285. Someone walked out the
front door with the Elkins baby.Copy !req
286. First, I took care
of the screamers.Copy !req
287. Add formula, change the diapers.Copy !req
288. Then, I counted the
sleepers. One short.Copy !req
289. Well, the report said the baby
was taken early this morning.Copy !req
290. She had authorization papers.Copy !req
291. What does that mean, the
kidnapper had a hall pass?Copy !req
292. Authorization for transfer to
Victoria General, where the mother is.Copy !req
293. It all looked kosher until the
baby's blood work-up came in...Copy !req
294. about an hour ago.Copy !req
295. Kid's allergic to formula, so
I called Victoria to tell them.Copy !req
296. And the baby
never showed. Right.Copy !req
297. She gave me all the correct
forms with all the signatures.Copy !req
298. Everything was in order.Copy !req
299. So somebody walks in
waving the right paperwork...Copy !req
300. and you just give them a baby?Copy !req
301. But she was a nurse.Copy !req
302. I mean, she showed me her
state card. Dorothy Hemmerick.Copy !req
303. Dorothy Hemmerick? Do
you know what she looks like?Copy !req
304. She was a white
lady, as old as you.Copy !req
305. Not so tall. Dirty blonde
hair and green eyes.Copy !req
306. She came in at 5:30 in the morning.
Isn't that a little before office hours?Copy !req
307. But she knew everything
about the little baby.Copy !req
308. I mean, she even
knew the mother's name.Copy !req
309. When she saw his hazel eyes, she
said they looked just like the mother's.Copy !req
310. I am so sorry.Copy !req
311. Please tell the mother
that I am so sorry.Copy !req
312. Hey, she knew what
color eyes you have.Copy !req
313. What, you think we're involved?Copy !req
314. You got a reason why
we shouldn't think it?Copy !req
315. She said she was a nurse, and she
knew everything about you and the baby.Copy !req
316. Nurse?Copy !req
317. That crazy bitch.Copy !req
318. It had to be Mrs. Baxter.Copy !req
319. You people want to
give us a hint here?Copy !req
320. We interviewed her
about adopting the baby.Copy !req
321. Wait a minute, what
about the Savitts?Copy !req
322. I talked to them
after the Baxters.Copy !req
323. I knew that woman was crazy.Copy !req
324. Come on, let's go, open up.Copy !req
325. Are you Herbert Baxter? Yeah.Copy !req
326. Okay, we're executing
a search warrant.Copy !req
327. I don't understand.
Stand aside and be quiet.Copy !req
328. What's this about?Copy !req
329. Well, at least tell me
what you're looking for.Copy !req
330. I suppose this is for a dog.Copy !req
331. Where's the baby, Mr. Baxter?Copy !req
332. I don't know what you're talking
about. We don't have a baby.Copy !req
333. Where's your wife?Copy !req
334. What does my wife
have to do with it?Copy !req
335. Dorothy Hemmerick. Is
that her maiden name?Copy !req
336. What the hell is going on?
Never mind what's going on.Copy !req
337. Just tell us where she is.Copy !req
338. She said she was going to
her sister's house in Queens.Copy !req
339. Dorothy Baxter?
No, I'm her sister.Copy !req
340. Dorie!Copy !req
341. Dorothy Baxter? Yes.Copy !req
342. Dorothy Baxter, you're
under arrest for kidnapping.Copy !req
343. No, this is my baby though.Copy !req
344. Ma'am, I'm gonna ask
you to give up the baby.Copy !req
345. No, I can't.Copy !req
346. Go right ahead. Please. No.Copy !req
347. Just let go. It's all right.Copy !req
348. It's my baby though.Copy !req
349. I'm telling you. All right.Copy !req
350. Okay.Copy !req
351. - Be careful, please.
- Okay.Copy !req
352. You have the right to remain
silent. Anything you do say...Copy !req
353. can and will be
used against you.Copy !req
354. My wife is not a
kidnapper. Right.Copy !req
355. She just borrowed the
kid for the afternoon.Copy !req
356. Jeffrey is my baby.
Dorothy, please.Copy !req
357. I'm Morris Hoffman. I'm attorney
of record for Dorothy Baxter.Copy !req
358. I'd like any interrogation of
my client to stop immediately.Copy !req
359. You're a little late, Counselor.Copy !req
360. She admits she took
the baby from the nursery.Copy !req
361. Well, if she did, she's well
within her rights. It's their baby.Copy !req
362. They have a contract
with Debra Elkins.Copy !req
363. You hear the whole story, Ben, I
guarantee you'll call off the dogs.Copy !req
364. Mrs. Baxter's good people.Copy !req
365. Since when do good
people steal babies?Copy !req
366. Well, when they honestly
believe they're entitled.Copy !req
367. Look, Ben, Ms. Elkins
answered the Baxter's ad...Copy !req
368. in the Hudson College
newspaper. She took their money.Copy !req
369. You're saying they
bought the baby?Copy !req
370. They paid her reasonable
medical expenses.Copy !req
371. Private adoption, Ben.Copy !req
372. Everything was done by the
book. Then the girl reneged.Copy !req
373. Is this in writing? Well,
Ms. Elkins made a promise.Copy !req
374. Mrs. Baxter relied
to her detriment.Copy !req
375. There are no signatures
involved? Come on, Counselor.Copy !req
376. You want to talk validity of an oral
contract, give Kim Basinger a call.Copy !req
377. Even if we assume they
had a valid contract...Copy !req
378. you can't complete an adoption by
snatching a baby out of foster care.Copy !req
379. Having a family is my
wife's whole life, Mr. Stone.Copy !req
380. Ten years ago she had a
miscarriage, followed by a hysterectomy.Copy !req
381. Debbie Elkins
isn't the first one.Copy !req
382. We've been through this
four times in the past six years.Copy !req
383. The girls either decide
to keep the baby...Copy !req
384. or give it to somebody
with a bigger apartment.Copy !req
385. Does that justify kidnapping?Copy !req
386. I can't even bail
her out of jail.Copy !req
387. They took every penny we
had. This was our last chance.Copy !req
388. Mr. Stone, what my wife
did may have been wrong...Copy !req
389. but you have got to
understand, she is not a criminal.Copy !req
390. She didn't mean to hurt anybody.Copy !req
391. Bottom line, Ben,
the woman snapped.Copy !req
392. Call it insanity, call it
diminished capacity.Copy !req
393. Look, if you don't buy this contract
theory, can't you take the blinders off?Copy !req
394. Let a little compassion
shine through?Copy !req
395. Do us all a favor, let your
expert have a go at her.Copy !req
396. Thanksgiving was
always my favorite. Yeah.Copy !req
397. I know that some people
like Christmas, you know.Copy !req
398. But for me, with the whole family
sitting around the table and everything.Copy !req
399. I've always thanked
God for my family.Copy !req
400. Did you have a big family?Copy !req
401. I have three brothers, two
sisters, seven nephews, five nieces.Copy !req
402. That's what life's about.Copy !req
403. People say that that's not the
only thing, you know, but of course...Copy !req
404. they're the ones
who have children.Copy !req
405. Yeah. And I don't know
how they could say that...Copy !req
406. because when I held Jeffrey...Copy !req
407. I could feel his breath right
on my cheek. It was beautiful.Copy !req
408. Do you have children?
I've never been married.Copy !req
409. You can still hope.Copy !req
410. I used to have fainting spells, and
I used to have morning sickness.Copy !req
411. And sometimes, I even thought I could
hear the baby or feel the baby kicking.Copy !req
412. The doctors call that the
haunted womb syndrome.Copy !req
413. It's very common
after a miscarriage.Copy !req
414. Every morning on
my way to work...Copy !req
415. I walk five blocks out of my
way, so that I do not have to see...Copy !req
416. the children on
their way to PS 3.Copy !req
417. And if I see a baby carriage...Copy !req
418. the only thing I want
to do is run and hide.Copy !req
419. It's only natural, Dorothy. No!Copy !req
420. No.Copy !req
421. What's natural is having a
baby. That's what's natural.Copy !req
422. I have been through
this so many times.Copy !req
423. That girl told me that she
wanted me to have that baby.Copy !req
424. It's not fair.Copy !req
425. The woman's certainly
been through the wringer.Copy !req
426. There's only so much
frustration any psyche can take.Copy !req
427. You're saying she honestly
didn't know what she was doing?Copy !req
428. I wish I could say that.Copy !req
429. You're not saying that she
can plead insanity, are you?Copy !req
430. Well, both God and society
said, "Be fruitful and multiply."Copy !req
431. Only the doctors
told her she couldn't.Copy !req
432. And when that reality set in,
her self-image as a woman...Copy !req
433. and as a human being
all but disappeared.Copy !req
434. But that does not justify what
she did. I'm not saying that.Copy !req
435. Only along comes Debra
Elkins and all her predecessors.Copy !req
436. They dangle a carrot in front of her nose
and say, "Run fast enough and it's yours."Copy !req
437. How many laps around the track does it
take before you believe you deserve a bite?Copy !req
438. Put me on the stand,
Ben. As a psychiatrist,Copy !req
439. I'll say Dorothy Baxter
was legally sane.Copy !req
440. Ask me as a member of the human race
if I think she deserves to go to prison...Copy !req
441. you'll get an unqualified no.Copy !req
442. My son and his wife
ran loop-to-loops...Copy !req
443. with the adoption
services for six years.Copy !req
444. Desperation begets
desperate measures.Copy !req
445. I doubt if Josh would
have stolen a child.Copy !req
446. No. He wouldn't be so fast to put
the Baxter woman behind bars, either.Copy !req
447. If Olivet felt sorry for her,
imagine what 24 crying eyes...Copy !req
448. in a jury will do to our case.Copy !req
449. You want us to let her walk?Copy !req
450. I want you to get on the phone to
Morris Hoffman and work something out.Copy !req
451. The defendant wishes to
withdraw her plea of not guilty...Copy !req
452. and enter a plea of
guilty, Your Honor.Copy !req
453. I assume there's been
some negotiation on this?Copy !req
454. We've agreed on
a plea of custodialCopy !req
455. interference in the first
degree, Your Honor.Copy !req
456. With a suspended sentence.
Mrs. Baxter has agreed to undergo...Copy !req
457. six months of psychiatric
outpatient treatment.Copy !req
458. Mrs. Baxter, do you realize you're
pleading guilty to a class E felony?Copy !req
459. Yes.Copy !req
460. Has your attorney advised you of
the consequences of such a plea?Copy !req
461. Yes.Copy !req
462. Please describe your
criminal acts in your own words.Copy !req
463. I took Jeffrey
from the hospital.Copy !req
464. I wanted to say that...Copy !req
465. we did everything that
we were supposed to do.Copy !req
466. We gave her money,
we took care of her...Copy !req
467. and then she dumped us just
because we don't live in Westchester.Copy !req
468. I want to know where it says that
you need a backyard to love your baby.Copy !req
469. Do you understand now
that the baby isn't yours?Copy !req
470. You should have seen her, Ben.Copy !req
471. Pathetic doesn't even begin
to describe Dorothy Baxter.Copy !req
472. I doubt six months on the couch
will even scratch the surface.Copy !req
473. Debra Elkins doesn't realize
half the effect of her actions.Copy !req
474. She's probably as
confused as Mrs. Baxter.Copy !req
475. You don't give your
baby away every day.Copy !req
476. You know, I'm starting to think
maybe she's not as confused...Copy !req
477. as she would have us believe.Copy !req
478. In her allocution, Baxter said
that Elkins rejected her in favor...Copy !req
479. of someone who
lived in Westchester.Copy !req
480. You live in this
city. You blame her?Copy !req
481. The Savitts also live
here. What are you saying?Copy !req
482. That she promised the
baby to somebody else?Copy !req
483. We know of two couples
already paying her way.Copy !req
484. The more, the merrier.Copy !req
485. Both the Savitts and the Baxters placed
ads in that college newspaper, right?Copy !req
486. Let's see if the mystery
couple in Westchester...Copy !req
487. tried contacting the
stork in the same way.Copy !req
488. But if you're right...Copy !req
489. God help us.Copy !req
490. We spent a week
with her in the city.Copy !req
491. Plaza Hotel, four-star restaurants.
She said it was her first time.Copy !req
492. She helped us pick out
furniture for the nursery.Copy !req
493. FAO Schwarz,
Bergdorf's, the works.Copy !req
494. The week cost me
close to $15,000.Copy !req
495. Then, she has the nerve to ask
me if she can stay another week.Copy !req
496. She's just a kid,
Ric. It's over, Mary.Copy !req
497. We're not getting the baby.Copy !req
498. Did you ever send her money?
Does $10,000 cash count?Copy !req
499. It was always
something with this girl.Copy !req
500. One week she couldn't pay her rent,
the next week she couldn't afford a doctor.Copy !req
501. It's cold, they
shut off her heat.Copy !req
502. She got depressed.Copy !req
503. She'd probably be better
off getting an abortion but...Copy !req
504. how could we let her do that?Copy !req
505. Did she ever say specifically
that if you gave her money...Copy !req
506. she would give you
the baby in return?Copy !req
507. She said she wanted
us to have the baby.Copy !req
508. I'm afraid that's
not good enough.Copy !req
509. When we were in Saks,
looking at baby clothes...Copy !req
510. Debbie started to cry.Copy !req
511. She said it was the first time in
months that she felt good about things.Copy !req
512. She said her baby was
lucky to have us as parents.Copy !req
513. She sent me a
sonogram of the baby.Copy !req
514. On Mother's Day, I got a card.Copy !req
515. Tell me, what kind of sadist
would do something like that?Copy !req
516. We've been through
it before, Miss Kincaid.Copy !req
517. I realize for these girls
it's a tough situation.Copy !req
518. But this one, she's special.Copy !req
519. Garrett Stubbs. Nice fellow.Copy !req
520. Twenty years ago,
prosecuted him for...Copy !req
521. selling the same building
to three different buyers.Copy !req
522. Talk about Irish charm.Copy !req
523. The problem is, she never
actually told the couples...Copy !req
524. if they gave her money,
she'd give them her baby.Copy !req
525. Hell of a con.Copy !req
526. She plants the seed and then
lets their imaginations do the rest.Copy !req
527. She can take reasonable medical
expenses, but she cannot sell a baby.Copy !req
528. Unless you can call
an emergency session...Copy !req
529. of the state
legislature, she can.Copy !req
530. So you're saying selling a
baby is not against the law?Copy !req
531. The domestic relations law says a
contract to sell a baby is null and void.Copy !req
532. The penal law says nothing.Copy !req
533. That's unbelievable.
That's slavery.Copy !req
534. That went out a century ago.
For everybody but children.Copy !req
535. We don't have standing
to institute a civil suit, so...Copy !req
536. So we can't do anything.Copy !req
537. Debra Elkins took
money from three couples.Copy !req
538. Each of whom thought that
they would receive the baby.Copy !req
539. If we can prove that she never
intended to give that baby to anyone...Copy !req
540. Larceny by false promise.Copy !req
541. And she received
more than $60,000.Copy !req
542. That's grand larceny two.Copy !req
543. You dragged my client down
from Poughkeepsie for this?Copy !req
544. A C felony always
gets my attention, Jane.Copy !req
545. What's he talking about?Copy !req
546. Why don't you ask the Baxters,
the Savitts, or the Cushmans?Copy !req
547. Hey, if they're stupid enough...Copy !req
548. Ben.Copy !req
549. I know you've been stuck in this
building for God knows how long...Copy !req
550. but across the street, the birth mother
always has the right to change her mind.Copy !req
551. Check the domestic relations
law. She's got 45 days.Copy !req
552. I'm more interested
in the penal law, Jane.Copy !req
553. Specifically, the
sections on grand larceny.Copy !req
554. I never asked these
people for anything.Copy !req
555. What they gave me,
they gave on their own.Copy !req
556. I never promised them anything.Copy !req
557. You led them to believe... I know
exactly what I said, Mr. Stone.Copy !req
558. I also know I can't be held
liable for what they assumed.Copy !req
559. On the other had, Miss Elkins, you
did take money from these people...Copy !req
560. knowing full well that the baby
would not be adopted by anyone.Copy !req
561. Very creative, Ben. Now
I'd like to see you prove it...Copy !req
562. considering the fact that the
baby has already been adopted...Copy !req
563. by Les and Gwen Savitt.Copy !req
564. Miss Elkins, how does
this con game work?Copy !req
565. When you found out that you were pregnant,
was the first call to your lawyer...Copy !req
566. to find out what you could or
could not say to these people?Copy !req
567. As a matter of fact, yeah.Copy !req
568. You should have seen
her. The girl's inhuman.Copy !req
569. Unfortunately, inhumanity
is not against the law.Copy !req
570. The law's supposed to be
a shield, Adam, not a sword.Copy !req
571. Debra Elkins took it, manipulated
it, and drove it right through...Copy !req
572. these people's hearts.Copy !req
573. And enjoyed every minute of it.Copy !req
574. Why shouldn't she? It
made her a lot of money.Copy !req
575. Well, the Savitts obviously
won the baby contest.Copy !req
576. I find it hard to believe
that they didn't offer Debra...Copy !req
577. a little more consideration
than the other couples.Copy !req
578. So you're thinking Debra was a
little more adamant with her demands?Copy !req
579. A lot more adamant.Copy !req
580. Whatever you want, Ben. I
just want this girl off the street.Copy !req
581. Okay.Copy !req
582. You must be kidding.Copy !req
583. We're not stupid, Mr. Stone.Copy !req
584. We know that if we help
you, we lose our son.Copy !req
585. Debra can only
contest to the adoption...Copy !req
586. within 45 days
after giving birth.Copy !req
587. By the time we're at trial,
we'll be long past that.Copy !req
588. She cannot take your
baby away from you.Copy !req
589. You don't get it, do you?Copy !req
590. Do you have any idea how
long we've waited for this?Copy !req
591. There is no way I'm gonna
let anything screw this up now.Copy !req
592. This girl is dangerous.Copy !req
593. Which is exactly why you're not
going to get anything out of us.Copy !req
594. If you actually bought the
baby... It's not against the law.Copy !req
595. No.Copy !req
596. But then the adoption
is null and void.Copy !req
597. You can't take my baby.Copy !req
598. Mrs. Savitt, we can
subpoena your bank records.Copy !req
599. I thought blackmail was
against the law, Mr. Stone.Copy !req
600. Do what you have to do, but I'm telling
you right now, you're wasting your time.Copy !req
601. Well, if the Savitts paid
Elkins, they covered their tracks.Copy !req
602. No records of any transfers
from either of their banks.Copy !req
603. So we're back to
running in circles.Copy !req
604. Well, we can always put
the Savitts on the stand.Copy !req
605. No, I think they'd
even risk perjury.Copy !req
606. When you had that
meeting with the Cushmans...Copy !req
607. wasn't there something in
your memo about abortion?Copy !req
608. Mrs. Cushman said that whenever
Elkins got depressed about money...Copy !req
609. she talked about
ending her pregnancy.Copy !req
610. Doesn't that sound
like extortion to you?Copy !req
611. Extortion?Copy !req
612. I'd get my Bar review outlines out,
Counselor. It's time for a little brush up.Copy !req
613. Your client threatened physical
injury if she did not receive payment.Copy !req
614. She's been accused of
a lot, but I didn't hear...Copy !req
615. anyone say she held
a gun to their heads.Copy !req
616. Then brush the
dust off the outline.Copy !req
617. The statute reads, "Threat
of physical injury to anybody."Copy !req
618. We know she told the Cushmans
she was contemplating abortion.Copy !req
619. This is a joke, right?Copy !req
620. I find nothing amusing
about your client.Copy !req
621. Why don't we see what
Judge Sanderson thinks?Copy !req
622. Fine. Let's do that.Copy !req
623. To be accurate, the extortion
statute requires a threat...Copy !req
624. to cause injury to a person.Copy !req
625. It doesn't mention a
person not yet born.Copy !req
626. A fetus older than 24
weeks is deemed a person...Copy !req
627. for purposes of
the murder statute.Copy !req
628. By extension...
Come on, Counselor.Copy !req
629. Every first-year law student
knows the penal law is meant...Copy !req
630. to be narrowly construed.
We don't extend.Copy !req
631. If it's not in those
pages, it doesn't count.Copy !req
632. The statute also covers
threats to damaged property.Copy !req
633. And if, as you state, a fetus...Copy !req
634. is not a person at any
point in its gestation...Copy !req
635. I don't want to hear the
end of that argument, Ben.Copy !req
636. I understand, Your
Honor. But this case...Copy !req
637. Deserves to leave
skidmarks on the bowl.Copy !req
638. Thank you.Copy !req
639. Don't hold a ticker-tape
parade just yet, Miss Schuman.Copy !req
640. I'm going to let the State
take its case to a jury.Copy !req
641. This is ridiculous.Copy !req
642. If I get reversed, so be it.Copy !req
643. But I have a feeling your client is
exactly the sort a panel of judges...Copy !req
644. would love to use
to make new law.Copy !req
645. Whatever we gave her,
she just wanted more.Copy !req
646. Did there come a time when you
felt you had to inform Miss Elkins...Copy !req
647. that you could no longer
give her additional funds?Copy !req
648. Yes.Copy !req
649. We're not, you know,
wealthy people and...Copy !req
650. we had already
given her $10,000...Copy !req
651. and we told her that we were
struggling to get by, as it was.Copy !req
652. How did she respond to that?Copy !req
653. She said, "What's the use?"Copy !req
654. She said, "Maybe it would
be best for everyone...Copy !req
655. "if I just didn't go
through with it."Copy !req
656. What do you think
she meant by that?Copy !req
657. That she would
terminate the pregnancy.Copy !req
658. Thank you.Copy !req
659. Your witness.Copy !req
660. Isn't it true, Mrs. Baxter...Copy !req
661. that you pled guilty to
kidnapping my client's baby?Copy !req
662. She told me he was mine.Copy !req
663. Now, Mrs. Baxter,
if she really...Copy !req
664. said that, then...Copy !req
665. you wouldn't have been
guilty of a crime, isn't that so?Copy !req
666. She sent me a list of
baby names that she liked.Copy !req
667. And you interpreted that to
mean that the baby was yours?Copy !req
668. She said that she wanted
us to have the baby.Copy !req
669. She said that we would
have made the best parents.Copy !req
670. Did she ever say that she was going
to give up the baby to you for adoption?Copy !req
671. Not in so many
words. So that's a no.Copy !req
672. No.Copy !req
673. So basically, you misunderstood
her intentions, isn't that so?Copy !req
674. I guess so.Copy !req
675. Isn't it possible then that you
also misunderstood her intentions...Copy !req
676. when she talked
about an abortion?Copy !req
677. I don't know how
many times she said it.Copy !req
678. "Maybe I should
just get an abortion."Copy !req
679. How did you respond?
Sent her more money.Copy !req
680. That got her out of her
depression in a hurry.Copy !req
681. So it was your
understanding at that time...Copy !req
682. that Debra Elkins would
terminate her pregnancy...Copy !req
683. if you did not give
her more money?Copy !req
684. She had a way of making
me believe everything she said.Copy !req
685. I had to believe her.Copy !req
686. All right, thank
you. Your witness.Copy !req
687. Can I assume that you felt just awful
when you found out that Debra decided...Copy !req
688. to give the baby
to someone else?Copy !req
689. I don't have a baby.Copy !req
690. My husband is
filing for divorce.Copy !req
691. She should be punished.Copy !req
692. You know, some people would
call that sour grapes, Mrs. Cushman.Copy !req
693. Objection.Copy !req
694. Ben.Copy !req
695. No matter what Judge Sanderson thinks, a
motion alone doesn't get you a conviction.Copy !req
696. I've established my prima facie
case, and that's all I'm concerned about.Copy !req
697. Yeah? Well, I wouldn't
count my chickens just yet.Copy !req
698. I just added a new
witness to my list.Copy !req
699. Mr. Savitt will be taking
the stand. Have fun.Copy !req
700. We'd been through it a dozen
times over the past five years.Copy !req
701. A girl answers our ad, we meet her,
we like her, hopefully, she likes us.Copy !req
702. It really doesn't
mean anything. So...Copy !req
703. even though you paid
Debbie's expenses...Copy !req
704. you never thought the
adoption was a sure thing?Copy !req
705. You go through this enough,
you realize these girls...Copy !req
706. are in an overwhelming
emotional situation.Copy !req
707. Was there ever a time
when Debbie told you...Copy !req
708. she was considering
having an abortion?Copy !req
709. Like it or not, that's one of the options
available to girls in her situation.Copy !req
710. Sure, she talked about it, but it's not as
if she held it over our heads or anything.Copy !req
711. I just want to be
clear, Mr. Savitt.Copy !req
712. Did Debbie Elkins ever
give you an ultimatum?Copy !req
713. Give her money, or
she ends her pregnancy?Copy !req
714. Of course not. No
more questions.Copy !req
715. Mr. Savitt, was there ever a time when
Debra Elkins asked you for money...Copy !req
716. that you could not
deliver a check?Copy !req
717. I make a good living.
The money was nothing.Copy !req
718. I see. So...Copy !req
719. Ms. Elkins never had to resort
to extortionist tactics, correct?Copy !req
720. You give her too much credit,
Mr. Stone. Debbie's not that kind of girl.Copy !req
721. Sure, maybe she's mixed
up, but all she's trying to do...Copy !req
722. is place her baby with
the best possible family.Copy !req
723. She's not a criminal.Copy !req
724. Oh, really?Copy !req
725. Well, what do you call intentionally
misleading the Baxters and the Cushmans...Copy !req
726. into thinking that they were
going to receive the child...Copy !req
727. so that Debra Elkins could receive
as much money as she could?Copy !req
728. Objection. Sustained.Copy !req
729. I know these other
people are disappointed.Copy !req
730. I understand that.
I've been there.Copy !req
731. And the easiest thing in the
world is to blame the birth mother.Copy !req
732. But it's hardly extortion.Copy !req
733. Oh, and besides, Debra Elkins,
she's just not that kind of girl, right?Copy !req
734. Then why are you here, sir?Copy !req
735. You have the baby. Objection.Copy !req
736. Did she promise you something?Copy !req
737. - She threaten you?
- Your Honor.Copy !req
738. Enough.Copy !req
739. Mr. Stone.Copy !req
740. We both know what kind of
girl Debra Elkins is, sir. And...Copy !req
741. don't think you're any better.Copy !req
742. The jury had to see that Les
Savitt had another agenda.Copy !req
743. Only your entire
cross was inadmissible.Copy !req
744. The judge instructed
them to disregard.Copy !req
745. The jury can't ignore
what they heard.Copy !req
746. And when the appellate judges
hear it, it'll add fuel to Schuman's fire.Copy !req
747. Yes?Copy !req
748. We'll be right there.Copy !req
749. The Savitts are in your
office with their lawyer.Copy !req
750. Now before we start, Ben.Copy !req
751. I want your assurances you're
not going to get any crazy ideas...Copy !req
752. about charging my
client with anything.Copy !req
753. If your client is looking for absolution,
Ed, he came to the wrong building.Copy !req
754. Whatever.Copy !req
755. Now let's assume, hypothetically
speaking, of course...Copy !req
756. that Mr. Savitt wants
to change his testimony.Copy !req
757. This is not a game, sir.Copy !req
758. Perjury is a serious crime.Copy !req
759. Yeah, we understand that,
but that's not the real issue.Copy !req
760. The real issue is, how badly
do you want the Elkins girl?Copy !req
761. Now you give Mr. Savitt a
free ride, and you get the girl.Copy !req
762. What are we talking about?Copy !req
763. The girl didn't
just threaten us.Copy !req
764. She tortured us.Copy !req
765. Once, I suggested that she was
maybe spending too much money.Copy !req
766. About a week later, Gwen
got a hysterical phone call.Copy !req
767. She was sick. Could we meet her at
her doctor's office in Poughkeepsie?Copy !req
768. And when I got there, it wasn't a
doctor's office, it was an abortion clinic.Copy !req
769. She kept sending us these
sick pictures of dead fetuses.Copy !req
770. And then, she'd write on the bottom,
something like, "This could be yours."Copy !req
771. She's an animal, Mr. Stone.Copy !req
772. Do you have any
of these pictures?Copy !req
773. Les did.Copy !req
774. At first, in case, you know.Copy !req
775. But then, once we got the baby,
I made him get rid of all of them.Copy !req
776. Mr. Savitt, I assume that
you did not come here...Copy !req
777. out of the goodness
of your heart.Copy !req
778. We gave her a bond worth
$75,000 when the baby was born.Copy !req
779. What does she want from us?Copy !req
780. Are you now saying that
she's asking for more money?Copy !req
781. Not her. Her boyfriend.Copy !req
782. After I testified, he tried to shake
us down for another $100,000.Copy !req
783. He said we give him the money,
or he contests the adoption.Copy !req
784. Steven Shaw?Copy !req
785. He doesn't have standing.
He does if he's the father.Copy !req
786. Kid's got a blood test to prove it and a
suitcase full of Baby Jessica clippings.Copy !req
787. It's never going
to end with this girl.Copy !req
788. We can't put ourselves
or our baby through this.Copy !req
789. My favorite kind
of adversary, Ben.Copy !req
790. Rather than suffer the agony of
defeat, raise those white flags early.Copy !req
791. You may be right, Jane.Copy !req
792. I may not have a case
against your client.Copy !req
793. But against Mr. Shaw,
that's another story.Copy !req
794. What are you talking about?Copy !req
795. We had a discussion
with the Savitts.Copy !req
796. Two eyewitnesses to
extortion and grand larceny.Copy !req
797. And they're both felonies, sir.Copy !req
798. Wait a minute. You mean, I
go to jail, and she walks away?Copy !req
799. Shut up, Steven.
To hell with that.Copy !req
800. Can't you see what
he's trying to do?Copy !req
801. You're entitled
to a lawyer, sir.Copy !req
802. Listen to me, Steven, listen,
everything is under control.Copy !req
803. They think we're
just poor white trash.Copy !req
804. Maybe they're right.Copy !req
805. You shut your stupid face.Copy !req
806. Stop calling me stupid. Stevie.Copy !req
807. Stevie, come on, sweetie.Copy !req
808. I love you.Copy !req
809. Don't blow this.Copy !req
810. You are such a
bitch, you know that?Copy !req
811. We are making sentencing
recommendations that your terms...Copy !req
812. be served consecutively,
not concurrently.Copy !req
813. That means you're
going away for a long time.Copy !req
814. Just ignore him.Copy !req
815. Apparently, Miss
Elkins, "stupid" here...Copy !req
816. is going to prison for you.Copy !req
817. I want a deal. You see
what I gotta put up with?Copy !req
818. The deal depends
on what you tell us.Copy !req
819. It was all her idea.Copy !req
820. She had this whole thing planned
before she even got pregnant.Copy !req
821. I didn't want anything
to do with kids.Copy !req
822. And then, she gets knocked
up, like it was an accident.Copy !req
823. Did you witness personally
any of her extortion?Copy !req
824. Are you kidding me?Copy !req
825. She had me go to the Right
to Lifers to get these pictures.Copy !req
826. I heard her on the
phone. She's good.Copy !req
827. You want to know what she did?Copy !req
828. She's giving birth to the
kid in the hotel room...Copy !req
829. she's on the phone taking
bids between contractions.Copy !req
830. She wouldn't take
him to the hospital.Copy !req
831. She wants me to
make a quick sale.Copy !req
832. All you have is his word, Ben,
and we all know how much...Copy !req
833. character it takes
to be a felon.Copy !req
834. How much character does it
take to auction off your own child?Copy !req
835. You want to talk
about character?Copy !req
836. The only reason that any of
these people cared about me...Copy !req
837. is because I had
something they wanted.Copy !req
838. You don't think I know
what they think about me?Copy !req
839. They used me, so
I used them back.Copy !req
840. By selling your child?Copy !req
841. My first kid...Copy !req
842. I'm sitting in the St. Vincent's
Home for Girls in Poughkeepsie.Copy !req
843. All these people being nice
to me, all their fake smiles...Copy !req
844. their phony, "How
are you, Debbies?"Copy !req
845. They take my baby, and I'm back to
my crappy apartment and my crappy life.Copy !req
846. I wasn't gonna let that
happen to me again.Copy !req
847. So I make babies,
Mr. Stone. Hell, I'm good at it.Copy !req
848. So what if there are people
willing to pay me for it?Copy !req
849. Grand larceny two, Ben.
She serves the minimum.Copy !req
850. She serves 4-to-12.Copy !req
851. I just spoke with Gwen Savitt.Copy !req
852. They're taking the baby and
leaving New York for places unknown.Copy !req
853. All the publicity.
Who can blame them?Copy !req
854. It's not the publicity
that scares them, Adam.Copy !req
855. It's the knock on the
door 12 years from now.Copy !req