The Unborn Ultimatum

January 15, 2015 - Sienna Miller 01/15/2015 Views: 297,315

Jessica Williams investigates a law in Alabama that has public defenders coming to the aid of unborn children. (5:20)

>> Jon: WELCOME BACK!

(LAUGHTER)THE RIGHT TO AN ATTORNEY IS

ENSHRINED IN OUR CONSTITUTION --WHICH MEANS IT'S GOTTA BE GOOD.

BUT ONE STATE IS TAKING IT IN AVERY INTERESTING DIRECTION,

AS JESSICA WILLIAMS REPORTS.

>> AMERICA'S JUSTICESYSTEM ISN'T ALWAYS PERFECT AND

CONSTITUTIONAL LIBERTIES LIKETHE RIGHT TO A LAWYER OFTEN FALL

THROUGH THE CRACKS, BUT NOW ONESTATE IS TACKLING THE PROBLEM

HEAD ON.

ALABAMA CIVIL RIGHTSATTORNEY JULIAN McPHILLIPS.

>> EVERYONE DESERVES THE RIGHTTO A FAIR TRIAL.

>> RIGHT. EXACTLY.

>>DESERVES THAT RIGHT, BUTWHETHER THEY GET IT IS

A WHOLE OTHER THING.

>> THAT'S WHY IN JULY ALABAMAPASSED H.B.494 IN AN EFFORT

TO LEVEL THE PLAYING FIELD.

>> H.B.494 SETS ASIDE MONEY FORAN ATTORNEY APPOINTED BY THE LAW

TO PROTECT THE INTERESTSOF THE PERSON TO WHOM ON WHOSE

BENEFIT THEY'RE APPOINTED.

>> YOU SORT OF DEFEND THEDEFENSELESS.

>> I CERTAINLY DO.

>> YOU KNOW, WHEN DID ALABAMABECOME SUCH A BASTION OF

CIVIL RIGHTS?

>> WELL, MUCH MORE SO THAN YOUREALIZE.

>> REALLY?

BUT I THOUGHT YOUR STATE BIRDWAS LIKE THE ELECTRIC CHAIR.

(LAUGHTER)

BUT SOME PEOPLE DON'T LIKEJUSTICE, LIKE THE ALABAMA ACLU,

WHO RECENTLY FILED SUIT AGAINSTTHE NEW LAW.

>> WE FEEL THAT THIS LAW ISCOMPLETELY UNCONSTITUTIONAL.

THIS LAW IS ABOUT POLITICIANSAND ABORTION POLITICS.

>> WHOA, LADY!

WHO SAID ANYTHING ABOUT ABOBOs?

>> WE DON'T CALL IT ABOBOsDOWN HERE.

>> OH YEAH, I MEAN, NEITHER DOWE. I WAS JUST PLAYING.

THEN SHE TOLD ME WHO THE LAWREALLY DEFENDS.

>> H.B. 494 ALLOCATES STATEFUNDS TO PAY FOR LAWYERS TO

REPRESENT FETUSES.

>> I'M SORRY. I THINK I MISHEARDYOU.

>> A JUDGE APPOINTS AN ATTORNEYFOR THE FETUS.

>> WHAT -- WHAT?

>> IN THE STATE OF ALABAMA, A

TEEN NEEDS PARENTAL CONSENT TOGET AN ABORTION.

IF SHE CAN'T GET THAT CONSENT,SHE CAN GO TO THE COURT.

NOW, WITH THIS NEW LAW, THECOURT CAN APPOINT AN ATTORNEY

FOR THE FETUS AND ACTUALLY PUTTHE TEEN ON TRIAL.

>> OH!

SO McPHILLIPS IS FIGHTING FORTHE RIGHTS OF THE NOT YET BORN!

YOU GET A CALL FROM A FETUSSEEKING LEGAL REPRESENTATION,

THEN WHAT HAPPENS?

>> I CANNOT GET A CALL FROM THEFETUS FOR ANYTHING MUCH LESS

LEGAL REPRESENTATION.

>> SO HOW DO YOU MEET INCONFIDENTIALITY WITH

YOUR CLIENT?

>> WELL, OF COURSE, IFYOU HAVE AN UNBORN CHILD

IN SOMEBODY ELSE'S WOMB I CAN'TCOMMUNICATE WITH THEM DIRECTLY.

YOU KNOW BETTER THAN TO ASK THEQUESTION.

>> WELL, I DON'T KNOW. YOU HAVEA CRAZY-ASS JOB, SIR.

I DON'T KNOW WHAT'S IN THE REALMOF POSSIBILITY AND WHAT'S IN THE

REALM OF NOT POSSIBLE.

BUT I STILL HAD A LOT OFQUESTIONS.

HOW DO YOU KNOW IF THE FETUS ISINNOCENT.

>> I THINK IT'S A SAFEASSUMPTION THAT MOST FETUSES IF

NOT ALL FETUSES ARE INNOCENT.

>> WHAT ABOUT A FETUS THAT EATSHIS OWN TWIN IN UTERO?

>> WELL YOU KNOW, THAT WOULDNEVER HAPPEN.

>> I MEAN, IT'S A REALLYTHING.

A FETUS CAN EAT ITSOWN TWIN IN UTERO.

IF THAT DOESN'T SOUND EVIL, THENWHAT IS?

>> WELL IT'S PROBABLY ONE IN ONEBILLION IF IT EVER HAPPENS LIKE

THAT.

>> IT HAPPENS LIKE ONE OUT OFLIKE 88 MULTI-FETAL PREGNANCIES.

IT MAKES A CONSCIOUS CHOICE TOGOBBLE UP ITS TWIN AND YOU'RE

JUST GOING TO LET IT WALK.

>> WELL, YOU KNOW YOU'RE PLAYIGNTHE THEATER OF THE ABSURD.

>> MAYBE I WAS BEING A LITTLEABSURD.

AFTER ALL, ALABAMA'S LEGALSYSTEM CLEARLY HAS THE INTEREST

OF THE PREGNANT MINOR AT HEART.

JUST LISTEN.

>> THE FETUS ATTORNEY CAN CALLIN WITNESSES LIKE THE BOYFRIEND,

THE BOYFRIEND'S MOTHER, THEEMPLOYER, THE BASKETBALL COACH,

HER PASTOR.

ANYONE THEY WANT TO TESTIFYAGAINST HER.

AND THEN IN THE END, IF THE TEENIS ALLOWED TO ACCESS AN

ABORTION, THE FETUS LAWYER CANAPPEAL AND RUN OUT THE CLOCK AND

IF THEY'VE DO THAT, WE'VE GOT APARENT.

>> OH, (BLEEP), THAT'S HOWBABIES ARE MADE IN ALABAMA.

AND McPHILLIPS IS SURE THATTHESE COURT PROCEEDINGS ARE

CARRIED OUT WITH THE UTMOSTSENSITIVITY.

>> I SPEAK TO THE UNBORNCHILD'S MOTHER.

I MAY SHOW HER SOME FIGURINESEVEN OF HOW FAR ALONG HER BABY

WOULD LOOK LIKE.

>> OH!

WHAT IS THAT?

>> THIS IS A HUMAN LIFE.

>> OH, THANK GOD. I THOUGHT YOUWERE TRYING TO GET ME TO BUY

CHOCOLATE TO SUPPORT YOURBASKETBALL TEAM.

>> THIS IS WHAT THE UNBORN CHILDLOOKS LIKE AT 12 WEEKS.

>> HE'S CHILLING LIKE THIS LIKEHEY!

>> WELL, I'M GLAD THAT YOU SEETHE BABY AS BEING CUTE.

>> OH YEAH, BUT I ALSO THOUGHTTHE ALIEN IN "ALIEN" WAS CUTE,

SO --

SO, IT'S SAFE TO SAY ALABAMA ISCOMMITTED TO PROTECTING THE

UNBORN NO NEAR MATTERWHAT THE COST.

>> THE STATE OF ALABAMA ISBROKE.

WE DON'T HAVE A STATEWIDE PUBLICDEFENDER SYSTEM AND TO TAKE

MONEY AWAY FROM THAT, AWAY FROMTHE NEEDS OF PEOPLE TRYING TO

NAVIGATE THAT SYSTEM TOREPRESENT FETUSES IS INSULTING.

IT'S PARTICULARLY INSULTING TOWOMEN.

>> SO THERE ARE PEOPLE OUT THEREWHO REALLY NEED HELP.

>> THERE ARE A LOT OF PEOPLE INALABAMA THAT NEED A GOOD

ATTORNEY THAT CAN'T AFFORD ONE.

>> HMM.

I KNOW A GUY WHO CAN HELP.

OKAY, SO HERE'S A FETUS, HE'S220 MONTHS GESTATION,

HIS LIFE MAY GET CUT SHORTBECAUSE HE DOESN'T HAVE

ACCESS TO A FAIR TRIAL.

>> WITH ALL DUE RESPECT TO YOURCOMEDY IN REALITY,

NO GROWN MAN IS A FETUS.

>> OH, HE HAS A HEART BEAT!

HE CAN FEEL PAIN!

>> WELL, HE'S NOT A FETUS.

>> WELL, THERE YOU HAVE IT.

IF YOU CAN'T AFFORD AN ATTORNEY,ALABAMA HAS GOT YOUR BACK UNTIL

THE DAY YOU'RE BORN.

>> Jon: JESSICA WILLIAMS. WE'LLBE RIGHT BACK.