THE GUARDIAN
1X15 - IN LOCO PARENTIS
ORIGINAL AIRDATE (CBS): 26-FEB-2002

WRITTEN BY DAVID HOLLANDER
DIRECTED BY MICHAEL PRESSMAN

TRANSCRIPT PROVIDED BY "TWIZ TV.COM - FREE TV SCRIPTS DATABASE"
PERMISSION FROM SIMONSPHERE, ICONIC SOUP'S SIMON BAKER WEBSITE
ORIGINALLY TRANSCRIBED BY SHIRLEY

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DISCLAIMER:
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The following is not a novelization or an actual script but a dry transcript of the aired episode that includes accurate word-to-word dialogues, settings descriptions, action scenes and/or camera movements where the transcriber felt they were necessary. This transcript is archived at "TWIZ TV.COM - FREE TV SCRIPTS DATABASE" courtesy of SIMONSPHERE. "THE GUARDIAN" and other related entities are owned, (TM) and © by DAVID HOLLANDER PRODUCTIONS and ROSECRANS PRODUCTIONS, INC. in association with SONY PICTURES TELEVISION and CBS PRODUCTIONS. This transcript is posted here without their permission, approval, authorization or endorsement. Any reproduction, duplication, distribution or display of this material in any form or by any means is expressly prohibited. It is absolutely forbidden to use it for commercial gain. For entertainment and educational purposes only. No infringement intended.
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TRANSCRIPT:
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Scene: Legal Services of Pittsburgh

Employee: (answers phone in background) Legal Services of Pittsburgh.

Lulu picks up a file folder and walks to the 'broom closet'. Nick, standing at the center island, follows her with his eyes.

Lulu: Okay. So, Melinda, the… ah… the petition he… Melinda?

Melinda: What?

Lulu: The petition hearing is going to be tomorrow in front of Judge Damzen. Uh… your case worker will testify about the drug rehab program and the status of your two boys.

Melinda: Yeah, okay.

Lulu: And then you're going to be given the chance to speak, or you can have me do your speaking for you. Which would you prefer? (waits for Melinda to respond) Melinda!

Melinda: What'd you say?

Lulu: Are you high?

Melinda: What?

Lulu: You're high.

Melinda: I am not.

Lulu: Melinda.

Melinda: I am not high.

Lulu: Melinda. Tomorrow is your one chance. Now, it's you only chance to get your baby girl back.

Melinda: I am not high and I'd appreciate you not suspecting me.

Lulu: Your baby girl…

Melinda: Tassy.

Lulu: … was born addicted to crack cocaine. She was under 5 pounds. The hospital kept her on life-support for 3 weeks and they picked up the tab and it was all because you couldn't stop smoking crack during your pregnancy.

Melinda: Don't you judge me, lady!

Lulu: You know what… I… we're done. I can't deal with you in this state. (closes file and stands)

Melinda: (stands and raises her voice) You don't know what you're talking about. I don't use crack no more.

Lulu: Oh, come on! You're high right now!

Melinda: (slaps Lulu hard across the face—Lulu reciprocates and they begin to fight) You bitch. I'm going to sue you!

Lulu: Get off me!

Nick rushes in to break up the fight.

Nick: Let go! Let go of her. Let go… Lulu. Lulu. Lulu… get out!

Alvin: (rushes to see what's going on) What the hell's going on in here?

Lulu: She hit me.

Alvin: Who?

Lulu: The unrepentant crack-whore you gave me.

Alvin: Lulu!

Lulu: Alvin, she came in here high on drugs. What do you want from me? (Nick is with Melinda in the 'broom closet')

Alvin: She's your client.

Lulu: Oh. I'm supposed to go to court and argue that she's clean when she's clearly stoned?

Alvin: If it's clear to you, it'll be clear to the court.

Lulu: No way. I won't do it.

Alvin: We're supposed to represent our clients. Not judge them.

Lulu storms into the meeting room and slams the door—Alvin looks around and finds James, who turns and walks back into his office—he then looks to Nick.

Nick: Fine. I'll do it. (walks back to the 'broom closet' to talk with Melinda)

Melinda: I got two boys.

Nick: Right. DeShawn and Lamont. How old are they?

Melinda: I have two boys.

Nick: And your baby girl…

Melinda: Tassy.

Nick: She's 5 months.

Melinda: You know, she's supposed to help me.

Nick: Who?

Melinda: The lady lawyer.

Nick: You have a custody hearing tomorrow morning at ten a.m. Will you be there? Ms. Tralins?

Melinda: What?

Nick: Take this. (hands her a slip of paper with the time of the hearing)

Melinda eyes Lulu as she leaves the office. Nick walks over to Lulu and Alvin.

Alvin: What does she want?

Nick: She wants her baby back.

Lulu: She can't even put a coherent sentence together.

Alvin: We're not drug counselors, Miss Archer.

Nick: Besides, the drug tests were negative.

Lulu: What about her other two boys? I don't understand why they're still with this woman.

Alvin: Her baby was born addicted to crack. That's why it was taken away from her. Otherwise she never hurt her other children.

Lulu: Sometimes I hate this job. (returns to the meeting room—slamming the door)

Alvin: What are you going to tell the court?

Nick: Well, there's not been any finding of abuse or neglect against her. I would… ah… I would emphasize that she's been through rehab, that the drug tests were negative and hopefully that the baby is healthy.

Lulu: (coming out of the meeting room) You know what? If you put that baby back into her care…

Nick: (to Lulu—raises hand to quiet her) Wait a sec. (to Alvin) Do you think we should drop the case?

Alvin: We can't do that, Mr. Fallin. She's our responsibility.


Scene: Fallin & Associates

Burton: (talking to Sheila) Thank you very much. (sees Nick coming through lobby area) Nicholas. (walks into his office—Nick follows and closes the door) Got a case in front of Judge Manders, Thursday afternoon. I'd like for you to fill in for me, if you can.

Nick: Okay.

Burton: Also, I need a little favor.

Nick: Sure.

Burton: I'm going to need a ride early Wednesday morning.

Nick: Cadillac in the shop?

Burton: Nah. I gotta go in for a little surgery.

Nick: What kinda surgery?

Burton: Well, it's something with my damn eyes but… uh… I will need a ride afterwards. Okay?

Nick: Yeah. Ah… sure. (heads out the door, glancing back at his dad)


Scene: Legal Services of Pittsburgh, James's office

Todd: I got my girlfriend, Amy, pregnant last year and I called my parents and they totally support me, you know. They were there for me a 100%. We told Amy's parents and they got pretty embarrassed, so behind everybody else's back they took her to the Hope House so no one would know and by the time she'd gotten back they had given our baby, Mary, away to another couple. Signed away her rights. Now my baby girl's living with some doctor and his wife in Fox Chapel.

James: What brings you here, Mr. Wooley?

Todd: Oh, see the thing is that everybody was telling me I didn't have any rights or nothin', you know, 'cause I'm 17… about Mary. But I got to thinkin'. So I went to the library and… uh… I looked up some of the rules and stuff.

James: You want this child.

Todd: Oh, yes. Of course, man. The only thing is is that nobody asked my consent or anything. You know? Before the other couple took the baby.

James: No one contacted you?

Todd: No.

James: You didn't sign any consent forms?

Todd: No.

James: Did the adoption agency ever contact you? (Todd shakes his head.) And you didn't contact them?

Todd: No. I didn't want to cause any more problems than there already were. There were already so many and… ah… I don't know, man. I guess Amy's family really wanted to place my baby with the other family.

James: Okay. You have legal rights as a parent. The adoption agency had a duty to seek your consent. They should have met with you in person and discussed your options.

Todd: So what does that mean? Do I get Mary back?

James: You feel like you're ready to have a child, Todd?

Todd: Oh, absolutely. Totally, man. I just… you know, and I know I'm still young and everything and I'm still in school but as long as I can keep a roof over her head and give her clothes and food, she should be with me. She's my baby.


Scene: Courtroom—Melinda's custody hearing

Lawyers and advocates file into the courtroom.

Bailiff: Case #D0236-Tralins, Your Honor.

Judge Damzen: Who represents the baby?

Kate: Kate Shaw, from the Children's Project, representing Tassy Tralins.

Nick: Nicholas Fallin, from Legal Services of Pittsburgh, representing Melinda Tralins, the mother.

Judge Damzen: Where's your client, Mr. Fallin?

Nick: She's not here yet, Your Honor.

Lulu: (speaks softly) She's getting high. (Nick glares at her)

Judge Damzen: Let's move on.

Melinda: (rushing into court) I'm here. I'm here.

Judge Damzen: Then let us proceed. Your recommendation, Miss Green?

Doris: The Department's recommendation is that the baby should be reunited with her mother.

Judge Damzen: Miss Shaw?

Kate: Your Honor. Tassy Tralins should not be returned to her mother's care. Miss Tralins has a protracted history of substance abuse and an equally long record of non-compliance with rehabilitation.

Nick: She has completed her rehab. And records state that she has raised her boys without incident, Your Honor. She's also fulfilled the obligations of her probation and completed her drug counseling.

Judge Damzen: Miss Tralins?

Melinda: Yeah?

Judge Damzen: Do you feel prepared to have your daughter back?

Melinda: Yeah. I do.

Judge Damzen: Miss Green.

Doris: Your Honor?

Judge Damzen: When did you last visit Miss Tralins' apartment?

Doris: Last week, Your Honor.

Judge Damzen: And what condition did you find it in?

Doris: It was substandard, but it was certainly not unlivable.

Judge Damzen: And has Miss Tralins kept up her appointments with her baby?

Doris: Yes, Your Honor.

Judge Damzen: And completed her out-patient treatment program?

Doris: Ah, just last week, Your Honor.

Judge Damzen: And you are standing by your recommendation, Miss Green?

Doris: The Department's recommendation is that the baby should be reunited with her mother.

Kate: Your Honor. The baby should remain in the custody of Social Services. Allow supervised visitation until we can be certain that she's not going to go back to her old habits.

Judge Damzen: (brief deliberation) I will return Tassy Tralins back into the care of her mother. The child will, however, remain independent. And Social Services will have an on-going obligation to monitor the children once a month. Miss Tralins, I'm giving you a second chance. Keep off the drugs. I don't want to see you in my courtroom again.


Scene: Outside the courtroom

Lulu: Excuse me. Judge Damzen? A question for you. How is it possible that a baby born addicted to crack can be given back to its mother five months later?

Judge Damzen: Are you trying to talk to me about a pending case, Miss Archer?

Lulu: Well, no. I'm not naming names. I'm just asking.

Judge Damzen: If a mother passes her drug-screen and taken care of other children without incident.

Lulu: Okay, that I understand, but still… I…

Nick: Lulu.

Judge Damzen: The standard is high, Miss Archer. It should be difficult to remove a child from its home.

Nick: I'm sorry. (apologizing for Lulu's behavior)

Lulu: Okay, what if the mother does drugs again?

Nick: Lulu, I think that's enough.

Lulu: I think that's a valid question. What if the mother does drugs again?

Judge Damzen: When someone proves that, the Court will take a stronger stance.


Scene: Legal Services of Pittsburgh, James' office

James: You remember that baby?

Adoption Rep (AR) examines the file and shakes her head.

James: On October 6th of last year, Amy Garner signed a document granting custody to your adoption agency and allowing you permission to seek adoptive parents.

AR: Right?

James: You gave that baby to this couple, despite the fact you did not have permission from the baby's father.

AR: No, we had his permission.

James: Where did he sign?

AR: We contacted him. He didn't respond.

James: Then show me proof of service and make this case go away. (AR has no response) You cut corners. You didn't take the basic steps in covering an adoption. And now I have a 17-year-old boy who's planning to create a world of problems.

AR: That boy never said he wanted the ba…

James: I'm not talking about the boy. I'm talking about the couple who adopted this child; who have been taking care of her for the last few months. See? And now it's my job to go in there with the law on my side and take that baby away.


Scene: Legal Services of Pittsburgh

Doris: Mr. Masterson?

Alvin: Yes?

Doris: I need you to sign off on these home study reports.

Alvin: (signs reports) There you go.

Nick: Doris? You have a second?

Doris: Sure. (follows Nick into the meeting room)

Nick: I'm just curious.

Doris: About… ?

Nick: How can you be so certain that Melinda Tralins is ready to have her baby back?

Doris: She passed her drug screens. She went to her parenting classes.

Nick: And when you went to her apartment you didn't see any signs of her using drugs?

Doris: Well, I didn't actually go into her apartment.

Nick: You didn't?

Doris: No, I mean I went over there. I spoke to her in the hallway, but I didn't go in.

Nick: Well, why not?

Doris: I saw a rat.

Nick: Okay. Well, yeah, I guess that would stop me from going inside, too.

Doris: I shouldn't have told you that.

Nick: No, no. We're all on the same team, Doris.

Doris: Don't tell Laurie. Okay?

Nick: No, fine.

Doris leaves the meeting room—Nick beckons for Lulu to come in

Lulu: What's going on?

Nick: Doris didn't set foot in Melinda Tralins' apartment when she did her home visit.

Lulu: What?

Nick: She saw a rat.


Scene: Melinda's apartment building

Lulu: It says Tower 3—Apartment 421. (looking at a piece of paper)

Nick: Do you have any idea where we are?

Lulu: Well, nothing's marked.

Nick: Are you sure this is Tower 3?

Lulu: Oh, right here—4-2-1. (knocks on the door) Hello. Melinda?

DeShawn: (opens the door) Who are you?

Lulu: Hi. You must be Lamont?

DeShawn: DeShawn.

Lulu: Oh, sorry. DeShawn. How ya doin'?

DeShawn: Who are you?

Lulu: My name's Louisa Archer. I'm one of your mother's lawyers.

DeShawn: She ain't here. (Tassy begins to cry) Shut up, baby!

Nick: Do you know where she is?

Lulu: The baby's here?

DeShawn: Yeah.

Lulu: Well, where's your brother?

DeShawn: Look, Lady. I'm watching TV. If you want my mom, come back later.

Nick: Can we just wait a few moments? (blocks the door with his foot)

DeShawn: If you gotta.

He allows them to enter. The apartment is a mess—baby is crying—Lamont is watching TV and sucking on a jawbreaker.

Lulu: When did your… when did your mom leave?

DeShawn: I don't know.

Lulu: (picks up crying baby) Oh, okay. Oh. Oh. Oh, I got ya.

Nick: Lulu?

Lulu: Yeah?

Nick: You just stay with the kids. I'm going to go and look for Melinda.


Scene: In front of the apartment building

Nick: (questions people standing around the entrance) Excuse me. Excuse me. I'm looking for Melinda Tralins.

Man on the street: I ain't seen anybody.

Nick: (walks down the block and finds Melinda in an alley—lying on a cardboard box in a drug-stupor) Melinda. (tries to rouse her) Melinda. Melinda. Melinda, wake up. Wake up. You left your baby in the apartment with your son.

Melinda: Go 'way.

Nick: Melinda, you left your baby alone in the apartment.

Melinda: Go 'way! Sssh.


Scene: Legal Services of Pittsburgh—meeting room

Nick: We went to her home, yesterday.

Laurie: Did she ask you to?

Nick: No. We… we stopped by.

Laurie: Why?

Lulu: Because Doris never bothered to check out the inside of the apartment.

Laurie: Is that true, Doris?

Doris: (she looks at Nick) I saw a rat.

Laurie: A rat. (to Nick) Why are you telling me this?

Nick: I'm afraid Melinda's neglect of her child could cause bodily harm.

Lulu: We had to leave the kids with the neighbors.

Laurie: We'll go out there.

Lulu: Well, we're going to come along, too, in case our client needs us.

Laurie: All right.


Scene: Courtroom

Judge: This hearing is to determine whether the Spanners have a right to contest Mr. Wooley's petition to vacate the adoption and termination decrees.

AR: Regardless of any misunderstanding that may have occurred with our agency, the Spanners have gained In Loco Parentis standing by serving as substitute parents for Mary; housing her, clothing her, feeding her, and loving her.

James: A substitute parent status may not be gained in defiance of the birth parent's natural right to his child. My client never gave consent to anyone--being Mary's substitute parent.

Judge: Your client may not have given his consent, Mr. Mooney, but the mother of this child did. I will agree that the Spanners have a vested interest in this child.

James: The standard is well established, Your Honor. It requires both parents' consent in an adoption.

Judge: We'll discuss this in the hearing, Mr. Mooney. Next case.

Todd: So, do I get Mary back?

James: Not today. But the Court is taking your claim seriously.

Todd: Um… well, what does that mean?

James: It just means there's going to be another hearing. You get to tell your side.

Todd: That's great, James, man. Thank you so much. Seriously. I'm so psyched. I can't wait to tell my parents. Thanks.


Scene: Fallin & Associates—Burton's Office

Nick: This... surgery you're having...

Burton: Yeah?

Nick: It's no big deal, right?

Burton: No.

Nick: Is this the first operation you've had?

Burton: No.

Nick: Well… how many have you had?

Burton: I've had a few.

Nick: Well, several?

Burton: No, what it is is something with the optic nerve like Glaucoma or cataracts, or something of that sort. But, ah…

Nick: You're not at risk?

Burton: Uh-uh. I don't think so. In fact, this new thing is supposed to make all the difference in the world.

Nick: Okay. Okay then. Tomorrow morning—9:00 AM at the eye clinic.

Burton: Oh, Nicholas, let's... Appreciate it if we just keep this between the two of us. All right?

Nick exits the office—glancing back at his dad.


Scene: Melinda's apartment

Laurie: (knocks on door) Miss Tralins? Miss Tralins?

Melinda: (opens door) Hi, Miss Green.

Doris: Hi, Melinda. This is my boss and we're just here to see how you're doin'.

Melinda: I'm fine.

Laurie: I'm Laurie. May we come in?

Melinda: 'Course. (allows Laurie, Doris, Lulu & Nick to enter) Lamont. DeShawn. Say hello to Miss Green and Miss…

Laurie: Solt. How's Tassy?

Melinda: She's sleeping in the bedroom.

Laurie: May I take a look?

Melinda: Well, she's a light sleeper.

Laurie: I'll just peek.

Melinda: You know, you want you could wait until she wakes up but she only fell asleep a minute ago.

DeShawn: Mama, can we go get a hamburger?

Melinda: Just a minute!

DeShawn: We're hungry.

Laurie: Well, good luck, Melinda. We'll see ya soon.

Everyone leaves the room—Nick enters from the hall.

Nick: I'll catch up. (stands in the doorway with his arms crossed) We both know what happened.

Melinda: Yeah, and it won't happen again.

DeShawn: Mama, I'm hungry.

Melinda: You think I got money to go to McDonald's, boy?

Nick: (peels off two $20 bills) Get your boys some food. (leaves, shutting the door)


Scene: In front of the tenement

Lulu: It was different yesterday.

Laurie: I'm not saying I don't believe you, Miss Archer.

Lulu: Well, are you going to remove those kids or… ?

Laurie: Based on what we saw, no I'm not. (sees Melinda come out the entry door)

Now where's she going?

Nick: She's going to spend 40 bucks.

Melinda runs down the block while Nick and Laurie follow. Nick finds Melinda in an alley after she makes a crack purchase.

Nick: Melinda.

Melinda starts to run—Nick and Laurie follow


Scene: Melinda's apartment

Melinda enters apartment and locks the door just as Nick reaches the door.

Nick: (knocks on the door) Melinda!

Melinda: You're not taking my babies away from me.

Nick: Melinda. Just open up. Open the door!

Melinda: No.

Nick: Just open it! (kicks the door)

Melinda: No!

Nick: She's locked herself inside.

Doris: Oh! Melinda? (knocks) Melinda, open up, it's Doris.

Melinda: I don't care who it is. Get away from here.

Laurie: Doris, all we can do now is call and get a court order.

Nick: Okay.

The door opens and DeShawn and Lamont exit—the door is slammed and locked behind them.

DeShawn: Mama says not to come in there. Mama says she's got a gun and she's going to kill Tassy and herself. That's what mama says.


Scene: Melinda's apartment, later

Police have arrived.

Nick: (knocks) Miss Tralins? It's Nicholas Fallin, your attorney. Miss Tralins? Miss Tralins? Can you hear me? No one wants any trouble. If you come out we can just talk this through.

Melinda: Yeah, right. You're the one that got me into this. So you better take yourself and all them government people with you or I'm going to get my gun. I'm not playin' wit' you.

Nick: Hey, kid. Does your mom have a gun?

DeShawn: Yes.

Police Officer: All right, everyone. We need to clear the premises. This is a hostage situation…

Lulu: It's not a hostage. It's her child.

Police Officer: There's a child, a weapon, and an uncooperative subject in control of the premises. Now, does she trust any of you?

Doris: I'm her Social Worker.

Police Officer: Okay. You stay.

Laurie: If Doris stays--I stay, too.

Police Officer: All right. The rest of you leave a number where you can be contacted and then please clear the floor.

Lulu: Let's go. Let's go.

DeShawn: Where are we going?

Lulu: We're going to take you to our office.

DeShawn: I thought we were going to McDonald's?

Nick: Yeah. Wherever you wanna go, we'll go.

Corey Lee: Officer, my name's Corey Lee. I'm a hostage negotiator. I'll be taking over from here.

Police Officer: Okay.

Corey Lee: Who's the one with the personal relationship with the woman in there?

Doris: (raises her hand) Ah…

Corey Lee: Your name?

Doris: Doris Green.

Corey Lee: Miss Green. Would you be willing to speak with Miss Tralins on the phone?

Doris: Yeah.

Corey Lee: We just want her talking. Keep her thinking about herself, her life, her family. If it becomes uncomfortable, you can hand these back to me. (refers to headphones) Do you think you can do this?

Doris: Uh huh.

Corey Lee: This is a direct line. I'm going to be listening in. (refers to headphones) If I think you're getting into a situation where this could escalate, I'm going to cut you off. (dials the phone)

Doris: Melinda? Hi, it's Doris Green.

Melinda: Why don't you people go home and leave me alone?

Doris: Melinda. We're very worried about you. And we're worried about Tassy.

Melinda: You call the police?

Doris: Yes, I did.

Melinda: Bitch.

Doris: Melinda. Please don't say that.

Melinda: What? Bitch? Well, you are. You're a white bitch. (hangs up the phone—Doris removes headphones)

Corey Lee: You okay?

Doris: Yeah.


Scene: Legal Services of Pittsburgh

Lulu: You know, I think that you should see if there's any relatives we can put them with and I'm going to call over to Social Services and see if they've any beds at the shelter tonight.

Nick: That's a good idea.

Lamont: I gotta use the bathroom!

Nick: That's yours.

Lulu: Right. Come on, hon, I'll take you.

Nick: I'll take care of this.

DeShawn: She your wife?

Nick: No.

DeShawn: All the white people on TV are married.

Nick: Not all of them.

DeShawn: All the old people.

Nick: Okay. Watch it.

DeShawn: You think she's pretty, though.

Nick: (uncomfortable with the conversation) Why don't we talk about you, DeShawn? Do you have any relatives I can call?

DeShawn: You think she's pretty. I can tell. That's why you changed the subject.

Nick: DeShawn. I need to put you with a relative. Can I call your father?

DeShawn: No.

Nick: Do you know where he is?

DeShawn: Mama says he's in California, but he's really some guy who paid her for…

Nick: Okay. What about grandparents, aunts or uncles?

DeShawn: You got a TV?

Nick: DeShawn, you have to stay somewhere tonight. If you don't give me the name of a relative, it's going to be in a shelter.

DeShawn: (sighs) I got a Uncle Harper and a aunt, but who ain't really my aunt, Martinella. She does my mom's hair.

Nick: Okay. Do you know how I can get in contact with them?

DeShawn: Nope.

Nick: Okay.

Lulu: So. No luck. I just called Social Services and they don't have any beds until tomorrow.

Nick: Oh, great. Okay. So we got 'em for the night.

Lulu: Yeah. 'Til tomorrow morning.

DeShawn: He thinks you're pretty.

Nick: I'm going to go and look for some blankets.


Scene: Melinda's apartment

Swat Team has arrived and they are setting up an observation monitor inside the apartment through a vent.

Corey Lee: Are you ready to try it again?

Doris: (nods)

Melinda: (answers the phone) What do you want?

Doris: It's just Tassy. We want to make sure that she's okay.

Melinda: She's okay. I tell ya that already.

Doris: Melinda, it would mean a lot to me if I could just say hi to Tassy. I would like to just come in there and say hi.

Melinda hangs up.


Scene: Legal Services of Pittsburgh, after dark

Nick: It is our job to represent her.

Lulu: I know what my job is, but still…

Nick: No. No. It is our job. It is our responsibility. You can't walk into the court and announce that, you know, you suspect that your client is using drugs.

Lulu: Okay. You know, maybe you're right. But, maybe because you don't really want to do this, you're able to remove yourself and have this kind of objectivity, because I'm having a tough time here. You know, I actually do wish that I could be like you sometimes.

Nick: Like me?

Lulu: Yeah, you know. The way you are. Just automatic.

Nick: That's how you think I am?

Lulu: That's how I know you are. I've been around you long enough. You're Teflon man. (Nick shrugs) See? This is exactly what I'm talking about. Now, I just insulted you and you just shrug. You sort of move through space and nothing touches you. I can't do that. I'm just not that way. I get very attached to things, and… everything breaks my heart. I'm always picking up stray animals, and… people and things. And you should see my house. My house is filled with crap that I've had since grade school. And I'll bet that your house is spotless. Hum? I mean, if you even have a house. If you even sleep.

Nick: Why are you so angry with me?

Lulu: I'm not angry.

Nick: I have a house, okay. I have a home. And I keep things. And I care about people.

Lulu: Who?

Nick: What have I done to you? If you're unhappy with your choices, then… then that is your responsibility.

Lulu: No. I'm actually very interested. Who is it that you care about?

Nick: You know, I… you don't know me. You don't know who I am. I can't see the people, at the moment, that a…

Lulu: What? Why not?

Nick: 'Cause my life has changed. I have tendencies that I need to control.

Lulu: You still haven't answered my question.

Nick: I'm not going to.

Lulu: Okay. These two are really sweet, huh?

Nick: Yeah.

Lulu: Their whole life is just…

Nick: What?

Lulu: It sucks. Their mother sucks. They live in a hell hole. They're probably not going to finish school.

Nick: You don't know that.

Lulu: Chances aren't great.

Nick: No.

Lulu: But, tonight they're with us. It's kinda like they belong to us. They do belong to us.

Nick: They're our responsibility.

Lulu: Yeah.

Nick: There it is. That's it. That's why you do this.

Lulu: Yeah, I guess.

Nick slumps down in the chair and closes his eyes—after a moment, Lulu gets up and gives him a kiss on the cheek—Nick opens his eyes.

Lulu: Uh, wait. Just be quiet for a minute.

Nick: No.

Lulu: I really, I wanna tell you something. I have a boyfriend. His name is Brian. And… he was my best friend in college and we've been dating since we graduated. He's a great guy. I really love him. You know, my parents are already calling him their son-in-law and all that.

Nick: Yeah.

Lulu: Brian doesn't look at me the way you look at me.

Nick: (gives her that look) I'm going to get some sleep.

Nick gets up and walks to the meeting room. Lulu settles back on the sofa with a blanket. Nick observes through the glass door of the meeting room.


Scene: Melinda's apartment, next morning

Melinda is seen brandishing a gun on the monitor.

Corey Lee: Mark, this is Lee. (into a police radio) The subject has broken off dialogue and is brandishing a weapon. Do you have a clear sight-line?

Mark: Roger. That's affirmative.

Corey Lee: Okay. I want you ready to de-escalate.

Laurie: What does that mean?

Corey Lee: Ladies, thank you very much for your help. Officer Stimpson, will you please show them out?

Laurie: What are you going to do?

Corey Lee: You're going to have to leave the premises, ma'am.

Laurie: I'm not leaving.

Doris: Melinda, pick up the phone. Melinda, please pick up the phone.


Scene: Legal Services of Pittsburgh

Nick checks the bedding and finds DeShawn missing.

Nick: Lulu. Lulu. DeShawn is missing. (calls out) DeShawn?


Scene: Melinda's apartment

Laurie: Ms. Tralins.

Doris: Melinda. Can you hear me? Pick up the phone.

Laurie: Melinda, for God sakes, pick up the phone.

DeShawn: (running down the hall) Mommy! Mommy! Don't shoot my mommy!

Laurie: Don't you hurt that kid.

Doris: Your son is here. Lamont loves you. DeShawn loves you. Tassy loves you. You just come to the phone!

Laurie: Melinda, for God sakes!

Doris: Please, Melinda. Please pick up the phone.

Corey Lee: Do it!

Swat Team kicks in the door.

Officers: Get down! Get down! Get down!

Melinda: Let me go! Let me go! No, please leave us alone! No, get off of me! (officers lead Melinda away)

Laurie checks the baby. Nick and Lulu arrive at the apartment.

Nick: Laurie, we…

Laurie: The baby's dead. She's cold.

Nick turns away—Lulu bows her head.


Scene: Allegheny Children's Shelter

DeShawn: Did they shoot my mama?

Lulu: No. 'Course not.

DeShawn: But that baby's dead, right?

Nick: Yes.

Lamont: I didn't kill that baby. If that's what my mama says, I didn't kill it.

Lulu: What?

DeShawn: Lamont.

Lulu: Lamont? Do you know what happened? (Lamont nods and Lulu sits down beside him on the bed.) You can tell me, you know.

Lamont: The baby was crying so long when my mama was away. The baby was real hungry. We look all around. Couldn't find nothing to feed it so I gave it a jawbreaker.

Lulu: A jawbreaker?

Lamont: A jawbreaker I got from Halloween. I gave one to that baby for it to eat.

Lulu: And you put it in the baby's mouth?

Lamont: The baby sucked on it for a long time, then got quiet. When my mama comes home, she walks in real tired. Goes to check the baby. When she comes out, she hits me in the head. Tells me I hurt it. Then she goes out again. She's supposed to feed it, not me.

DeShawn: What's going to happen now?

Nick: Social Services will find you a place to live for awhile.

DeShawn: They'll keep us together, right?

Nick: Yeah. We'll make sure.

Outside in the hallway

Lulu: (distraught) Oh, my God! Oh, my God! Nick, I just… I don't think I can do this anymore.

Nick: If I can do this, you can do this.

Lulu: You have to do it. You have to do this. It's different for me. I'm here by choice.


Scene: Courtroom

AR: Dr. Spanner. How long has Mary been with you?

Dr. Spanner: Well, we adopted her 6 months ago.

AR: These are the forms and documents that prove a legal adoption took place 6 months ago. (hands papers to the Judge) Did the biological father of your daughter ever present himself to you during the adoption proceedings?

Dr. Spanner: No. In fact, we've only just met this week.

AR: Do you know who renders financial support for Mary?

James: Objection, Your Honor. Dr. Spanner's financial relationship to Mary has nothing to do with the legal determination of this case.

AR: His ability to care for Mary is the most important aspect of this case.

James: No. The only thing that matters is whether Todd had adequate notice and if he gave his consent to this adoption.

Judge: Sustained.

AR: Dr. Spanner. Do you spend much time with Mary?

James: Objection. Your Honor? Relevance?

Judge: Overruled. You may answer the question, Dr. Spanner.

Dr. Spanner: We spend all of our time with her. I've even cut back on my work hours. Every night we feed her, we sleep close to her, we wake up with her, we burp her, and bathe her, walk with her.

AR: How do you refer to Mary when you speak to her, or of her?

Dr. Spanner: I refer to her as my daughter.

AR: No further questions.

James: Dr. Spanner. Did you know that the child's father did not give permission to Hope House to give Mary up for adoption?

Dr. Spanner: No.

James: If you had been aware that my client did not want to give his child up, would you have continued with the adoption proceedings.

Dr. Spanner: No.

James: No further questions.


Scene: Eye Clinic

Nick drives up in front of the clinic and gets out of his car—consults his watch.

Nick: Dammit! (runs into the clinic) Excuse me.

Inside the clinic

Nick: Dad.

Burton: Oh… I've been sitting here for over an hour.

Nick: Yeah, I… there was a situation. I got held up.

Burton: Just take me back to the office.

Nick: Shouldn't you be going home?

Burton: Just take me to the office. (runs into the door) Can't see a damn thing.

Nick: Here. (takes Burton's arm) How did the procedure go?

Outside the clinic

Burton: (lights a cigarette) I don't like asking you to do things for me.

Nick: So, did the operation work? (Burton chuckles and starts walking to the car.) Watch your step.

Burton: No, I got it.

Nick: Here. (takes Burton's arm)

Burton: I'm all right. Every time I come out here, they tell me they're doing something to stop whatever it is happening to my eye, but I can't tell any difference.

Burton slightly stumbles on the curb.

Nick: Just watch it.

Burton: What am I going to do if I can't see? (getting in car)

Nick: Mind your head. Mind your head.

Burton: (sighs) What the hell am I going to do?


Scene: Courtroom

Judge: Mr. Wooley. If I were to grant custody of Mary to you now, I would not be convinced that you would remain faithful to your decision to have her as your child, since you were not faithful to your original decision to step back from your parental duties.

Todd: But… Your Honor…

Judge: Mary Spanner will remain in the custody of the Spanners. It will be up to the Spanners to decide what type of relationship, if any, Mr. Wooley has to the child.

Courtroom corridor—Melinda is being escorted by two police officers—Judge Damzen is on her way to her chambers.

Nick: (to Lulu) Just give me a minute. (to Judge Damzen) Judge Damzen? May I have a word? (follows the Judge into her chambers)

Judge: What is it?

Nick: We spoke with Melinda Tralins' boys. The younger one admitted to giving the child a piece of hard candy when Melinda was away.

Judge: The child choked to death?

Nick: It'll be revealed in tomorrow's autopsy report. I just wanted you to know now.

Judge: Why?

Nick: I guess… just thought that you should know.

Judge: In every case I hope I make the right decision.

Nick: I understand.

Judge: Melinda Tralins may not have killed that baby with her own hands, but her neglect created the circumstances. And I gave her that opportunity for the neglect. I did that. And now that child is dead. That child is dead.

Nick exits—leaving the Judge with her emotions.

END OF EPISODE

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