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TRANSCRIPT:
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Scene: Legal Services of Pittsburgh
Lulu pours herself a cup of coffee, grabs the newspaper and sits down in the main part of the office. She turns to the Classifieds and begins to circle apartments for rent.
Scene: Pittsburgh County Hospital—operating room
Brian: Where's the bleeder? Where's the damn bleeder?
Nurse: Pressure's dropping.
Brian: Give me some packed cells, 6 units.
Nurse: Dr. Olsen, pressure is still…
Brian: I heard you!
Nurse: ...dropping.
Brian: I have ears, okay?!
Brian: Get me 4 units of F.F.P., now. Now!
Nurse: He's not clotting.
Brian: Suction! I need… For God's sake, where's the bleeder. (Flatline warning goes off)
Scene: Fortunado residence
Two gunshots are heard in the background. TV is showing the “Born Yesterday” classic film. A baby fusses. Betsy Fortunado comes into the living room where her baby's crib is. Her shirt is splattered with blood. She picks her baby up to comfort her.
Betsy: It's okay. It's gonna be okay, sweetie. (Kisses baby who coos and squeals)
Frank Fortunado enters the room carrying a pistol. His hands are covered with blood. He takes a blanket from the crib and wipes the gun then drops it on the floor and dials the phone.
Operator: 9-1-1 operator. What's your emergency?
Frank: This is Frank Fortunado. Something just happened. I'm here with my daughter. And I just shot my wife.
Scene: Legal Services of Pittsburgh
Laurie gets off the elevator and hurries to Nick's office. Lulu is still checking the Classifieds.
Laurie: (Knocks on the door frame to Nick's office.) Need your help.
Nick: (Looks up from his work) Now?
Laurie: Now.
Nick: Right now?
Laurie: Nick, please!
Nick: (Cell phone rings) Hello. Edgar. Yeah. Yeah. Listen, can I call you right back? (Listens) Patient died? Yeah, no, I understand. I'll be there soon as I can. Okay. (Disconnects)(To Laurie) Where we going?
Laurie: Court.
Nick: Why? (Grabs his briefcase and overcoat)
Laurie: Betsy Fortunado. Sixteen. Has a baby girl.
Nick: And?
Laurie: Father shot the mother—twice.
Lulu: Hi. I'm calling about the one-bedroom apartment in Shadyside.
Scene: Courthouse corridor
Woman: (Angrily—dragging her child through the corridor) I told you to go before we left the house!
Nick walks up to Laurie, Betsy and her baby.
Laurie: Betsy. This is your lawyer, Nick Fallin.
Nick: Hi. How are you? Nice to meet you. (Shakes her hand)
Betsy: Am I in trouble?
Nick: No. No. I'm here to help you and… (Baby squeals with delight)
Betsy: Kris. (Laughs as baby squeals) Her name's Kris.
Nick: Cute. This is a shelter hearing to find out whether or not it's okay for you to stay at St. Ann's.
Betsy: Oh. Okay.
Nick: Okay. (Pause) I'm sorry about your mom.
Betsy: Yeah. She was sick. Real sick. Had this thing, ALS. She couldn't move or talk… so my dad shot her. Because he loved her.
Nick: Have you spoken to the police yet?
Betsy: After they took my father, one of them started asking me a few questions but then this lady cop started yelling at 'em. Said that she'd talk to me later… after things calmed down.
Nick: Well, don't talk to the police without me, okay? Okay.
Betsy: Do you have a backyard?
Nick: (Distracted as Laurie beckons to him) (To Betsy) What's that?
Betsy: A backyard, you know… grass?
Nick: Yeah. Sort of…
Betsy: Cool.
Nick: We have to go in. The hearing's starting.
Betsy: Come on, baby.
Scene: Pittsburgh County Hospital
Edgar Suatoni: It was supposed to be a routine gall bladder operation.
Nick: Right. What happened?
Edgar: The patient just started bleeding.
Nick: Did they hit an artery?
Edgar: No. Eh… pressure just dropped. He bled-out an hour later. Thirty-three. Married. Two kids. They always have two kids. Well, we suspended the surgeon this morning pending a peer review and an investigation. Yeah. (Slides file towards Nick) Dr. Olsen.
Nick: Brian Olsen?
Edgar: Uh-huh. You know him?
Nick: I know his wife.
Edgar: Is that a problem?
Nick: No, it shouldn't be.
Scene: Legal Services of Pittsburgh
Nick gets off the elevator and immediately walks up to Lulu, standing in the main office.
Nick: Did you talk to Brian?
Lulu: Huh? No. Why?
Nick: You should talk to Brian, right away.
Scene: Legal Services of Pittsburgh, conference room
Police interview with Betsy.
Detective: What time did you and your father have breakfast?
Betsy: Around eight.
Detective: And then?
Betsy: And then… I don't know, what difference does it make?
Nick: (Leans over and whispers) Betsy. You need to answer his question. Okay?
Betsy: (Angrily) Don't talk to me in that tone! It's annoying, okay?! (Nick and the detective exchange glances—Betsy looks at detective and then back at Nick) I'm sorry.
Detective: So... After breakfast?
Betsy: (Sighs) She started moaning and I went to check on her.
Detective: You? Not your father?
Betsy: I always checked on her.
Detective: Then what?
Betsy: Her eyes were closed. She was squinting like she was crying but there were no tears.
Detective: What happened next?
Betsy: I washed her face. Kissed her. And then, I went back into the living room.
Detective: What was your father doing?
Betsy: Watching TV. Drinking a beer.
Detective: Okay. Then what?
Betsy: He got up. Walked down the hall and then I heard two loud pops.
Detective: What did your father do next?
Betsy: He came back in the room and he called the police.
Detective: Why did you have so much blood on your shirt?
Betsy: Because, I hugged her. After she was dead.
Detective: Why did you hug her?
Betsy: I just wanted to hug her.
Detective: Did you know your father had a gun?
Betsy: No. I never saw it before.
Detective: Did you know he was going to shoot your mother?
Nick: Don't answer that.
Detective: Did he say he was going to shoot your mother?
Nick: Don't answer that question, either. (Hurriedly stands and turns off the recorder) We're done here. (To Betsy) Let's go.
Betsy: Well, what's going to happen to my father?
Nick: Let's go.
Scene: Olsen residence
Brian is sitting on the sofa, looking at a picture of Lulu and friends when Lulu comes through the front door.
Lulu: Brian? What's going on? I called a hundred times. What is it, for God's sake?
Brian: (Sighs) I lost a patient today. It was a simple procedure. Laproscopic band-aid surgery. And he started bleeding and then the pressure dropped and…
Lulu: Oh, my God, are you okay?
Brian: (Chuckles) Okay? Well, you know, some guy came in to get his stupid gall bladder removed and now he's dead.
Lulu: Ah, you should've called me when this happened. You should've called me right away.
Brian: Yeah, well, I know. I just didn't know about us.
Lulu: Well, you still should've called.
Brian: Yeah.
Scene: Fallin & Fallin—main lobby area
Burton is talking to Gretchen at the reception counter as he reviews a document when Nick walks up.
Burton: (To Gretchen) So, how have you been? Good?
Nick: (Approaches Burton) Hey.
Burton: Hey.
Nick: How are you doing with First Franklin?
Burton: Well, it's down to us, Kirk and McGee and that New York firm, Peabody & Swain, so…
Nick: What do you think?
Burton: Well, Tivnan and I go way back so… Matter of fact, I'm taking him to the Steeler game on Sunday. Hey! You wanna come with us?
Nick: No. No. (Shakes his head)
Burton: No?
Nick: Not really.
Burton: You still seeing that, uh, that cop?
Nick: Uh… (Shrugs non-committally—cell phone rings)
Burton: You two serious, or what?
Nick: (Into cell phone) Yeah, this is Nick Fallin. No I have a meeting with the O.R. nurse at three. (To Burton) I'll talk to you later. (Walks away still on his cell phone)
Burton: Okay.
Scene: Pittsburgh County Hospital
Intercom: Nutritionist to cafeteria annex. Nutritionist to cafeteria annex.
Nick encounters Brian and Lulu near the elevator.
Brian: Nick. What are you doing here?
Nick: I'm handling your case.
Brian: What?
Lulu: He represents the hospital.
Intercom: Dr. Olsen. Dr. Brian Olsen…
Brian: Well you see, it's not my fault. (To man trying to exit the elevator) Excuse me.
Lulu: Brian, you don't have to explain to Nick. (Nick shakes his head)
Brian: No. He's a friend.
Lulu: No, he's not.
Brian: What do you mean?
Nick: I'm not.
Brian: What?
Nick: I'm not your friend. (Walks off)
Brian: Well… (Pager beeps) Excuse me. Excuse me. (Walks off to answer his page)
Lulu: Hey, Nick! Wait! (Runs after him) I'm concerned.
Nick: Why?
Lulu: You don't see a conflict?
Nick: Well, he's just an acquaintance.
Lulu: He's my husband. And, you know, you and I had a thing, I don't know, but there's history. And there's enough history to make it complicated.
Nick: Lulu, there's nothing complicated about this, I assure you.
Lulu: You should withdraw and let someone else at your firm handle it. (Nick ponders this for a moment then walks away)
Scene: Courtroom—Bail hearing for Frank Fortunado
Nick is an observer in the gallery.
Judge: Mr. Fortunado. Do you understand you've been charged with First Degree Murder?
Frank: Yes.
Judge: What's the Commonwealth's position?
Attorney Morrison: No bail, Your Honor.
Judge: Mr. Lafferty?
Vic Lafferty: The defendant has been a resident of Pittsburgh for 52 years. Served in Vietnam. There's no criminal record. And let's face it, Your Honor, the circumstances of this alleged shooting are… well, they're unique. The defendant's wife was gravely ill with Huntington's disease. The alleged shooting was an attempt…
Attorney Morrison: The wife's medical condition is irrelevant. This is a First Degree Murder charge. As such, there's a great risk of flight.
Judge: I agree with Mr. Morrison. The defendant will be held without bail. (Gavels the proceedings closed)
Vic Lafferty turns to leave the courtroom and encounters Nick.
Lafferty: Hey, Nick. (They shake hands) What are you doing here?
Nick: I represent Fortunado's daughter, Betsy.
Lafferty: Ah… D.A.'s making a statement with this one. No matter how sick your wife gets, you can't pop a cap in her. Or two, for that matter.
Nick: She said the mother had ALS. You just said it was…
Lafferty: Huntington's. It's a brain disease. Nasty. (Walks off)
Scene: Pittsburgh County Hospital
Anesthesiologist: Oh, it got a little heated but that's typical. The guy was trying to save the guy's life.
Nick: As an anesthesiologist, you're in the room for the entire procedure?
Anesthesiologist: Of course.
Nick: And, in your opinion, did Brian act competently?
Anesthesiologist: He's exemplary. The guy's a great surgeon.
Nick: Was he under the influence of drugs or alcohol that day?
Anesthesiologist: No.
Nick: Has he been under any unusual stress?
Anesthesiologist: He's a surgeon.
Nick: Is there anything else going on that you're aware of, personally, privately…?
Anesthesiologist: I don't know.
Nick: Well, I heard that Brian's having marital problems.
Anesthesiologist: Well, doesn't everybody? I mean, I heard there was some talk about separating, but… Anything else?
Nick: What do you know about Huntington's disease?
Anesthesiologist: Huntington's? Eats away at your brain cells.
Nick: Is there a cure?
Anesthesiologist: Nope. Can't even treat it.
Nick: Symptoms?
Anesthesiologist: Well, there's coordination issues. There's a decline in cognitive ability. Impulsive behavior. Are you saying that Dr. Olsen's suffering from Huntington's disease?
Nick: No. No. It's something personal.
Anesthesiologist: I see.
Nick: Is it genetic?
Anesthesiologist: Yeah. If a parent has it the kids have a fifty percent chance. It's degenerative. Leads to dementia and then eventually, luckily, you die. (Walks away)
Scene: St. Ann's—Betsy's ward
Nick knocks and calls through the door.
Nick: Betsy?
Nick enters the room to find Kris alone in her crib. He knocks on bathroom door.
Nick: Betsy?
Nick opens door to find Betsy and a guy, smooching.
Guy: Hey… what…
Nick closes the door and walks to the crib—the guy quickly puts his shirt on and exits the room—Betsy stands in the bathroom doorway in her underwear. Nick hands her a blanket..
Nick: Just put this on.
Betsy: Are you going to report him?
Nick: Yes.
Betsy: Well, ah, it was my fault. I asked him to.
Nick: Betsy, your mom. She didn't have ALS.
Betsy: What are you talking about?
Nick: She had a disease called Huntington's.
Betsy: But, my father told me…
Nick: He lied to you.
Betsy: Why?! I mean, what difference does it make?
Nick: Huntington's disease can be passed on which means there's a chance that you may have it.
Betsy: Are you saying that I might end up like my mother?
Nick: I'm just saying you should get tested to see if you have the gene—the thing that causes the disease.
Betsy: If I have it, does that mean Kris might have it, too?
Scene: Legal Services of Pittsburgh
Nick gets off the elevator and passes Lulu. They don't speak.
Laurie: Where's Betsy?
Nick: She's in the conference room. Did you talk to the doctor?
Laurie: Yeah. She tested positive. And she's in the early stages of the disease. (Nick winces)
Lulu talks with James in the bullpen.
James: Pulled some cases. Tricky stuff. No matter what, make sure you get Brian's suspension lifted within fourteen days, otherwise, the hospital's going to report him to the National Practitioners' databank.
Lulu: And then what?
Alvin walks up.
James: He'll have a black mark on his record, forever. You okay?
Alvin: Lulu, if you need to take a day off…
Lulu: No, I'm fine, thanks. (Walks away and calls to Nick, who is on his way to the conference room) Nick. I need to talk to you.
Nick: Not now.
Lulu: It's important.
Nick: I said, not now! (Enters conference room—slamming the door)
Conference room
Laurie: (To Betsy) I talked to Dr. Keville.
Betsy: (Looks at Laurie then at Nick—sighs) I knew it. I knew it. Well, it doesn't start right away, right? I heard it doesn't kick in 'til you're fifty.
Nick: It's already started.
Betsy: I don't want to be sick. (Tearfully) Not now. It's just not fair.
Laurie: I'm sorry, Betsy. I'm so sorry.
Betsy: I read about all this on the internet last night. The symptoms. And the more I read, the more I knew… (Long pause) I want to give up my baby.
Laurie: You've been through a lot. Take your time.
Betsy: It's not right for a baby to see her mother sick.
Laurie: There might be better alternatives.
Betsy: How would you know?! Have you ever cleaned up after your mother?! Seen her go to the bathroom in her bed?! Smelled it?! A girl is supposed to look up to her mother. Go shopping. Have fun. Not watch her die. My mom didn't even know my name. She called me Gus, one time!
Nick: What about your father?
Betsy: Yeah, he's in jail.
Nick: If the jury finds him innocent? As an option?
Betsy: No. I want Kris to be with someone better. My daddy… he's not a real father, you know? He just… he sorta died a long time ago. He just sits there and he watches TV and he drinks. I want Kris to be with someone who laughs.
Scene: County Jail
Nick: So she wants to give up her baby. So, if there's any relatives nearby…
Frank: I'm not close with my family. I haven't seen anybody in years. And my wife… her people got their own problems. I wish I knew about it before Betsy came along. I know that sounds bad but, I just wish I knew, that's all. I wanted to tell her about her mother and the disease… but, it's not easy, tellin' a little girl that she's got half a chance of ending up a… useless lump of flesh.
Nick: Betsy needs help. She needs money. Did your wife have a pension?
Frank: No.
Nick: She ever work a full-time job?
Frank: Not really. She wasn't too good at taking orders. She loved to argue, fight. Made a lot of sense, when we found out about her sickness. Explained a lot of things. (Clears throat) I tried to be a good husband. I did what I could.
Scene: Courtroom
Brian's Attorney: We received Mr. Fallin's subpoena late yesterday afternoon.
Judge: What's the problem?
Attorney: He's requesting confidential medical records, Your Honor.
Nick: Yesterday, a routine gall bladder procedure resulted in the death of a thirty-three year old man. Dr. Olsen was the performing surgeon. As a result, the Pittsburgh County Hospital's been sued…
Judge: (Impatiently) Get to the point.
Nick: Well, it's a standard request. We need to know the medications Dr. Olsen's taking and the possible side effects.
Attorney: Unless there's a compelling legal basis…
Judge: A man died. That's compelling enough. Turn over one year's worth of medical records, immediately. (Gavel down) Next case.
Scene: Legal Services of Pittsburgh—Alvin's office
Nick knocks on door frame.
Alvin: Nick. What's going on?
Nick: Betsy Fortunado. We're meeting a couple that want to adopt her baby—The Manleys.
Alvin: Laurie told me.
Nick: Yeah. They're perfect. They've been approved, they have great jobs, they've done the home study.
Alvin: What's your question?
Nick: Am I legally obligated to disclose Betsy's condition?
Alvin: Since it's a private adoption, no. But, ethically…
Nick: No, I just want the law, Alvin.
Alvin: Nick. There's a fifty percent chance this girl has the disease. Don't you think the Manleys have a right to know?
Nick turns to leave and collides with Lulu, who is entering at the same time. She drops something on the floor.
Lulu: Aw, geez, Nick.
Nick: Sorry, you want to watch where you're going?
Lulu: Oh, I'll watch where I'm going. (Stoops to pick up what she dropped)
Nick: You know, this is not personal. This is just following client's instructions.
Lulu: Mm-hmm. Well, we're going to court to get Brian reinstated.
Nick: Well, you need to exhaust administrative remedies first. You know that.
Lulu: It's a county hospital. That means there's state action.
Nick: Ah… you're kidding.
Lulu: Due process. Fourteenth amendment. And the longer Brian's out the more you'll owe us. It was a malicious and wrongful suspension.
Nick: You're being vindictive.
Lulu: No. It's nothing personal, Nick. I'm just following my client's instructions.
Scene: Olsen residence
Lulu enters the front door.
Lulu: Hey. I thought you were meeting with your lawyer?
Brian: Rescheduled.
Lulu: Oh. Where're you going?
Brian: Out.
Lulu: Where?
Brian: To get a drink. Your real estate agent called. Said she can show you the apartment at three o'clock on Thursday. Thought you should know.
Lulu: (Pause) Right. I was going to talk to you about this but…
Brian: But you thought you'd actually rent the apartment first?
Lulu: No. It just hasn't really been a good time.
Brian: Are you moving out?
Lulu: I… Why don't we wait to talk about…?
Brian: Yes or no.
Lulu: I don't know, Brian! Things have been so bad lately. Something's got to change.
Brian: I already apologized ten times.
Lulu: It isn't even about that anymore. Forget it. I just… I don't even know if we make sense anymore. (Brian walks out)
Scene: Fallin & Fallin—Nick's office
Burton knocks.
Nick: Yeah?
Burton: (Enters) Hey. Just talked to Suatoni. He's pretty much on edge over this case.
Nick: Plaintiff wants ten million.
Burton: Yeah. Is there any way we can pin it on that surgeon?
Nick: (Pause) I don't know.
Burton: Well. Do what you can.
Nick: Any word from Tivnan?
Burton: No word from him but I did meet his daughter the other day. She's very attractive. 'bout thirty. Single. Lawyer.
Nick: You trying to set me up?
Burton: Well. (Chuckles) If I were your age, I'd... believe me…
Nick: No, Dad. Stop.
Burton: What?
Nick: I just don't want to do this.
Burton: I'm just saying she's very attractive.
Nick: Yeah. Okay, she's attractive. (Laurie appears in the doorway) Laurie!
Laurie: Sorry. The receptionist told me…
Nick: Come on in. It's fine. I hope you don't mind having the meeting in here.
Laurie: No. No, it's fine.
Burton: I'm Burton Fallin. I'm Nick's dad. How are you?
Laurie: Laurie Solt. It's nice to meet you.
Burton: Oh…
Laurie: I've heard a lot about you.
Burton: Oh, yeah. Well same here. Yeah. Nick's always telling me what a great job you do over at LSP. Forgot to tell me how lovely you are, though, for some reason. (Laughs) That's Nick.
Laurie: Thank you. I'm at Social Services though, not LSP.
Burton: Oh, I'm sorry.
Laurie: That's okay.
Burton: Well, you people do a wonderful job over there, too. I just, really… Well, nice to meet you. Carry on, huh.
Nick: Okay. (Burton leaves)
Laurie: Charming.
Nick: Yeah. Well, that's the Fallin charm. Betsy in?
Laurie: Yeah. She's in the conference room.
Nick: Okay. (Nick turns to leave)
Laurie: Good luck.
Nick: Thanks.
Scene: Fallin & Fallin—Conference room
Betsy: Do you like sex?
Nick ignores the question—slides a form and pen in front of her.
Nick: You need to sign this.
Betsy: I'm not trying to pick up on you or anything.
Nick: I didn't think you were.
Betsy: The doctor said that I like sex so much because of the Huntington's. It does something to your brain. It makes me sad. You know? I mean, even the things I like aren't really mine. When I have sex and it's fun I don't know if it's real or if it's just this stupid disease.
Nick: If you sign that document you'll never have a say in Kris' life again. She will no longer be your baby. Do you understand that?
Betsy: Yeah. You explained that already. Did you tell the Manleys about me? About the disease?
Nick: No.
Betsy: Should we?
Nick: If you want but they may back out.
Betsy: What if they find a cure—like a vaccine, and I'm dead… and the Manleys don't know if she has it? Then what? But, the Manleys, they seem like good parents. Right? I mean, they have money and they have a house and a big back yard. I saw pictures.
Nick: You want Kris to be with someone like the Manleys?
Betsy: Yeah.
Nick: Yeah. Let me deal with it.
Scene: Legal Services of Pittsburgh—conference room
Mrs. Manley: She's so beautiful! Oh, look at those blue eyes. (Baby squeals and babbles) Can I hold her?
Betsy: I guess.
Mr. Manley: God, she's adorable. Just adorable. Can I ask why you decided to pursue adoption?
Nick: Well, she's sixteen. She has no money, no professional skills, no family support. She just wants what's best for her baby.
Mrs. Manley: She's healthy?
Nick: All of her information's in here. (Shoves a folder across the table)
Betsy: You guys… you have a big backyard, right?
Manleys: Yeah.
Betsy: And you like to, you know, barbecue and go on bike rides and stuff like that?
Manleys: Yeah, sure.
Betsy: And you're both healthy? No cancer, diabetes? (Nick glances over at Alvin's office through the window—Alvin looks back—Nick turns away)
Manleys: No.
Betsy: Do you drink?
Mr. Manley: Not too much.
Betsy: And you both really want to be parents?
Mrs. Manley: Yeah, that's why we're here.
Betsy: Do you love each other?
Mrs. Manley: Yeah.
Mr. Manley: Yeah, a lot.
Mrs. Manley: The woman at the adoption agency said we could take Kris home with us if things went well.
Laurie: It's up to Betsy.
Betsy: You guys have a car seat, right?
Mrs. Manley: We bought one this morning.
Betsy: (Long pause) Yeah. You can take her.
Scene: Legal Services of Pittsburgh—Lulu's office
Lulu: I spoke to the insurance carrier. We're firing your lawyer and we're hiring someone who specializes in medical malpractice.
Brian: Good.
Lulu: And, I found four topnotch medical experts that are willing to testify. So I'm going to set up a conference call for next week.
Brian: Okay.
Lulu: Now, as far as the peer review, don't imply or admit any wrongdoing. Don't respond to hypotheticals. You're a great surgeon. An unfortunate patient outcome doesn't mean it's your fault. You know that, right? (Long pause) What?
Brian: Thanks.
Scene: Fallin & Fallin—Nick's office
Jake: Okay. Amoxicillin. Well, that's an antibiotic. Who cares? Zoloft. Zoloft is an antidepressant. Here… Zoloft side effects: Nausea, impotence, dry mouth. So what? Okay. Donnatal. Donnatal? Looks like Bwian's got a little tummy-ache.
Nick: Jake, please.
Jake: (Laughs) Sorry.
Secretary: (on speakerphone) Nick, Mr. Manley's here.
Nick: (Pause) Yeah, send him in.
Jake: Propecia. Hey, do you think that stuff works?
Nick: (Meets Mr. Manley at his door) Steve. Hey, how are you? Do we have an appointment?
Mr. Manley: No.
Nick: (To Jake) Check to see if Olsen's ever had his driver's license suspended. Okay?
Jake: Okay. Why?
Nick: Just check. (To Mr. Manley) Have a seat, Steve.
Mr. Manley: Betsy called last night and told us about the Huntington's.
Nick: (To Jake as he exits) Close the door. (To Mr. Manley) Yeah. Okay.
Mr. Manley: You smug bastard.
Nick: We're under no legal obligation to disclose any information…
Mr. Manley: (Angrily) I didn't drive down here to discuss the law! In fact, the only reason I'm here is to tell you that you're a gutless, spineless, scumbag! You knew that Kris might have Huntington's and you just sat there, and kept your mouth shut. Well, we're going to test her to see if she might have the gene. And, your client already consented. (Exits, slamming the door)
Scene: St. Ann's—Betsy's ward
Nick enters without knocking—wardmate exits.
Betsy: I know you're mad at me, but…
Nick: I spoke to your father's lawyer—guy named Lafferty. He wants to make a deal with the D.A.
Betsy: What do you mean?
Nick: If he pleads guilty, he'll get thirty years rather than life.
Betsy: Thirty years?
Nick: Lafferty wants you to talk to the D.A. See if you can explain how difficult it was for your father.
Betsy: Okay.
Nick: You can do that, right? Make your father look sympathetic?
Betsy: I guess.
Nick: How did your father take care of your mother?
Betsy: I don't know!
Nick: But, he loved her?
Betsy: I guess!
Nick: You guess, or you know?
Betsy: I know!
Nick: He shot her out of love?
Betsy: Love.
Nick: Not hate?! Not anger?!
Betsy: Love.
Nick: But, he shot her twice.
Betsy: So?
Nick: Once would have been enough, don't you think?
Betsy: Why are you attacking me?! He loved her okay! He was tired of seeing her suffer. (Long pause) What?!
Nick: I don't think you should talk to the D.A. (Turns to leave)
Betsy: Why?
Nick: I just don't think you should. (Exits)
Scene: Fallin & Fallin
Nick enters the lobby.
Nick: Gretchen.
Gretchen: Yeah?
Nick: Call Vic Lafferty. Confirm our five o'clock meeting. Okay?
Burton: (Stops Nick as he rounds the corner) Nicholas. What about… (Lowers his voice) what about Julie Tivnan? Shall I tell her you'll be calling?
Nick: Come on, Dad. Please. (Exasperated)
Burton: What? Think I don't know what an attractive woman looks like?
Nick: No. It's not that. I just, I just don't like blind-dates. Okay?
Burton: Well, it's your call. Just telling you, man-to-man, this young lady is worth the time.
Nick: Thank you. I appreciate it. I'm sorry.
Burton: Goodnight. (Jake walks up)
Jake: Goodnight. (Hands Nick a piece of paper) So, Brian's driver's license was suspended—seven years ago.
Nick: Call Suatoni. Have him fax over a copy of his medical staff application.
Jake: What the hell's goin' on?
Nick: (To Gretchen) Cancel Lafferty! (Dashes out the front door)
Scene: Olsen residence
Lulu: Are you sure about this?
Nick: Yes.
Lulu: Okay, so Brian has epilepsy. Now what?
Nick: Well, I just wanted to tell you first before I talk to Suatoni.
Lulu: Do you think that this so-called epilepsy has something to do with what happened the other day?
Nick: I don't know.
Lulu: Well, did the anesthesiologist suggest that it was relevant?
Nick: No.
Lulu: Okay. So, what about the nurses?
Nick: No.
Lulu: Okay. So, what's the issue?
Nick: Well he failed to disclose it on his medical staff application.
Lulu: So, it's a disclosure issue.
Nick: It's a very serious disclosure issue.
Lulu: Okay. I have to talk about this. I have to talk to Brian's lawyer about this.
Brian walks in the door and tosses his keys on the foyer table.
Brian: Nick? What the hell's going on?
Lulu: Nick claims you have epilepsy.
Brian: What?!
Nick: Well, you're taking Dilantin.
Brian: Yeah. For motion sickness.
Nick: For seizures.
Brian: Well, there's more than one use for Dilantin, Nick. I mean, I know that you're a genius and all but why don't you leave the medical stuff to me?
Nick: You know, your driver's license was suspended seven years ago because of a seizure. A neurologist has a legal duty to report seizures to the DMV, Brian.
Brian: Okay. I don't' have epilepsy. I had a few very minor seizures a long time ago.
Lulu: Okay, Brian. Okay. Don't defend yourself in front of Nick!
Brian: So, there's nothing for me to hide.
Lulu: Don't. Brian! You can't…
Brian: (Nick starts for the door) Nick! I haven't had a seizure in years! I didn't think it was im… (Grabs Nick's arm) Come on, listen! Come on. I…
Nick: (Through clenched teeth) Get your hands off me!
Brian: Nick. I don't need any more problems right now. Okay? So, if you could just keep this quiet…
Nick: I can't!
Brian: You can't?! Why don't you tell me what this is really about, huh?
Nick: What?
Brian: I see how you look at her.
Lulu: Brian!
Brian: (To Lulu) No. I know you see it, too.
Lulu: Stop.
Nick: You're wrong.
Brian: No-no-no. You're a coward!
Lulu: This is stupid, now!
Brian: If you want to sleep with my wife…
Lulu: Brian! Brian!
Brian: …you'd better have the balls to admit it right now!
Lulu: Stop it! Enough! I mean it.
Brian: Okay. Yeah. (Grabs his keys and leaves)
Tires squeal in the background as Nick and Lulu look at each other for several seconds—not speaking. Nick finally leaves.
Scene: Fallin & Fallin—Burton's office
Nick knocks and enters.
Burton: Hey.
Nick: (Walks in and sits down—clearing his throat) So, the surgeon's epileptic. He didn't disclose it on his application. I have to tell Suatoni.
Burton: 'Course.
Nick: His condition's not that severe. He's a good doctor, by all accounts. A very good doctor. And the patient, he had some kind of hemophilia. So it's a fluke.
Burton: He should be fine. What's the problem?
Nick: (Long pause) I work with his wife at LSP… Lulu.
Burton: Yeah. This about, uh… about her? Lulu?
Nick: No. No, it isn't. (Gets up to leave)
Burton: What, are you fond of her?
Nick: No, we're just friends.
Burton: She's married, right?
Nick: Yeah. I just didn't want to ruin his career, that's all.
Burton: Well, it's not your fault that he lied. Simple as that.
Scene: Legal Services of Pittsburgh
Nick exits the elevator and catches Lulu's eye as he walks, unsmiling, to his office.
Lulu: (Knocks on Nick's open door) Look, I know you're in a tough position, legally, but I'm thinking, I'd like to talk about the best way to…
Nick: (Interrupts) I told Suatoni. The hospital terminated Brian's privileges.
Lulu: (Long pause) All right. Well, what about the peer review? Did he do anything wrong? Or not?
Nick: No. The board cleared him this morning.
Lulu: So, he's not responsible for the man's death?
Nick: Not at all. He's a good surgeon.
Lulu: You mean was a good surgeon, right? (Despondently) Well, I guess I should just go home. I should be with Brian. (Turns and walks away)
Scene: Legal Services of Pittsburgh, later
Nick is leaving.
Laurie: Nick!
Nick: I'm late, Laurie.
Laurie: Kris is healthy. She tested negative.
Nick: Good. That's good news.
Laurie: I just told Betsy. She really loves that baby, and she really wants to say goodbye.
Nick: Well, the adoption rules are very clear, Laurie. There's no visits.
Laurie: (Starts dialing her cell phone) Use some of that Fallin charm to make it happen. Okay? (Hands him her phone) The Manleys.
Nick: (Reluctantly takes the phone) Steve. Hey, it's Nick Fallin. Listen. How're you doing? Good. Betsy Fortunado, she would like the opportunity to visit Kris. I'm just asking if she can. (Listens then replies, sternly) No. You listen, Steve. You don't let the kid say goodbye I will convince her to back the hell out of this adoption agreement and I will find new parents. Okay? Are we on the same page here? Good. Good. We'll do it at my office at 4 o'clock this afternoon. Okay. Bye. Hands the phone back to Laurie) Four o'clock okay?
Laurie rolls her eyes as Nick walks off.
Scene: Fallin & Fallin—conference room
Betsy holds her baby.
Mr. Manley: I'm sorry, Betsy, but it's time to go. (Takes the baby and hands her to Mrs. Manley—they leave)
Betsy: I keep trying to do the right thing, but nothing feels right. I just didn't want her to hate me. It's real easy to hate your mother, even if you love her, you know? I want to see my father.
Nick: Okay. Well, I can arrange a visit.
Betsy: He'll be 86 when he gets out. That seems so wrong.
Nick: Not if he shot her. (Long pause as he looks pointedly at Betsy) He didn't shoot her, did he?
Betsy: I just couldn't see my mother… (Sobs)
Nick: You don't need to explain.
Betsy: I was going to tell the truth. I was. But, my dad told me that... I shouldn't and he picked up the phone and he called the police. Then he said, 'I shot my wife' and he hung up the phone… and, I… he told me to lie, to just go with the story. Are you gonna say anything?
Nick: I can't. I'm your lawyer.
Betsy: Well, should I tell the police?
Nick: (Pause) That's up to you. (Walks off)
Scene: County Jail
Frank: What the hell do you mean, you went to the D.A.?
Betsy: I only have a few decent years left—three of four. I read about it on the internet. And, when you're young it just moves faster.
Frank: Don't talk like that.
Betsy: But, I want to help you.
Frank: This is my problem.
Nick: I talked to a criminal lawyer. The fact that she's ill. The fact that she's a minor. She has a very strong case.
Frank: This is my problem, buddy! Okay? It's my problem! Betsy.
Betsy: Dad. (Their hands touch)
Frank: (Hurriedly gets up from the table and knocks at the door) Guard?!
Betsy: I shot her. (Frank gives her a last look as he exits)
Scene: Olsen residence
Lulu comes down the stairs holding a glass of wine. She's sitting on a step when Brian comes in the door.
Brian: Hey.
Lulu: Where were you? I've been waiting and I called you.
Brian: I had to see someone.
Lulu: Well, who? I was worried.
Brian: Joanne Conlin.
Lulu: Who is that?
Brian: The wife, she was married to the guy that died. His name was Michael Conlin.
Lulu: Oh, you went to see his wife?
Brian: Yeah. I told her I was sorry. Your real estate agent called again and said that you need to put down a deposit by next Wednesday. And I thought that I would just need to leave. Go back to Columbus for a little while.
Lulu: Okay. What are you going to do there?
Brian: I don't know.
Lulu: You know you could always start that family practice that you talked about.
Brian: Oh, I just said that so you'd go out with me.
Lulu: Really? Family practice was your pick-up line?
Brian: Yeah. Made me look sensitive. (Weak laugh) Yeah. Maybe not.
Lulu: Brian. Why didn't you tell me about the epilepsy?
Brian: I don't know. I guess I just block it out, you know? Pretend it doesn't exist.
Lulu: Well, you don't have to leave tonight.
Brian: Okay. (Flicks her hair) Um...
He steps closer to her and tries to kiss her—she ducks the kiss but allows him hug her, then pulls away and walks up the stairs.
Scene: Fallin & Fallin—Nick's office—after dark
Nick is working at his desk—Burton comes in with his overcoat on.
Burton: Oh, good. You're still here. What are you doing?
Nick: I'm just finishing up the Suatoni stuff. I've got to file a motion to dismiss tomorrow.
Burton: Oh, good. Oh… how's that girl, Lulu? (Nick gives him a look but doesn't answer) Well, you did what you had to do, son.
Nick: Yeah.
Burton: By the way, I talked to Tivnan. He hired us. (Extends his hand—Nick stands to shake)
Nick: That's great.
Burton: Yeah. We're going to have dinner to celebrate. Want you to join us.
Nick: Well, I… you know, I have a lot of work to do. And I don't have time…
Burton: This is business, son. Client development. All right. Here. (Grabs Nick's overcoat) Here.
Nick: Yeah… uh… Dad. Dad… (Tries to wave him off)
Burton: (Sternly) Nicholas. Bobby Tivnan and his daughter are waiting for us out there. Now put your coat on and come on. Let's go. Act like a gentleman.
Nick: You making me go on a date?
Burton: Right.
They walk to the lobby and meet the Tivnans.
Burton: So... Nick, say hi to Bobby Tivnan and his daughter, Julie. My son, Nicholas.
Julie: Hi.
Nick: Hi.
They shake hands and exchange nice smiles.
END OF EPISODE
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