Picturing Justice, the On-Line Journal of Law and Popular Culture



Judge J. Howard Sundermann, Jr.

First Appellate District of Ohio

 

Read other reviews:


Internet Movie Database

All Movie Guide

Readers' comments
 

 

The court and jury are asked to decide either that Emily Rose was actually possessed by the devil and Father Moore did his best to save her, or that she had epilepsy and his actions, especially discontinuing the medication, caused her death


Feature article

The Exorcism of Emily Rose

By Judge J. Howard Sundermann

At first glance I thought this film would be The Exorcist III, but I was surprised to learn it was primarily a courtroom drama, and a pretty good one. The film cuts back and forth from a trial to flashbacks that tell the story of Emily Rose and a priest named Father Moore. This is based on a true story.

Emily Rose is a college student from a religious family who begins to have nightmares, sees demons everywhere, speaks in foreign languages and has her body contort involuntarily. The Doctors say she has epilepsy with psychotic episodes, and that this can be controlled by medication. She is given the medication and takes it. When she gets worse, her family calls in Father Moore, their parish priest. He tells Emily to stop the medication and gets permission from the archdiocese to do an exorcism. During this procedure, Emily Rose dies and Father Moore is charged with negligent homicide.

The court and jury are asked to decide either that Emily Rose was actually possessed by the devil and Father Moore did his best to save her, or that she had epilepsy and his actions, especially discontinuing the medication, caused her death. There was medical testimony to support this latter view. The decision would seem to be based on the individual juror's personal views on this issue. There is no doubt that Father Moore believes in her possession and did what he thought was best for Emily Rose. Is this enough for a not guilty verdict, even if you think Father Moore is wrong? Father Moore's own lawyer is an agnostic and doesn't believe in the devil, but Moore tells her, "Demons exist whether you believe in them or not."

Not only is the defense lawyer, well played by Laura Linney, an agnostic, but the prosecutor is deeply religious. He presents his case skillfully and forcefully. Father Moore is portrayed as a rational and reasonable man who believes in what he did.

The film is taut and well made, intentionally dark in the non-courtroom scenes. All three main characters, the defense counsel, the priest and the prosecutor are well acted. The court room scenes are well done. For me, there was too much of Emily Rose going through her manifestations of possession so that they could scare us. The viewers are left to make up their own minds as to guilt or innocence and as to what actually happened. Each side presents evidence to support their version. The jury does render a verdict. The film seems to me to lean a little in favor of true possession for entertainment purposes. Presumably the filmmaker thinks that a film where possession is just debunked would be less interesting.

There are also some side plots. The defense counsel works for the law firm that represents the archdiocese. To avoid the embarrassment of a trial, the archdiocese wants Father Moore to accept an offered plea bargain. The firm tells the defense lawyer either to take the bargain or if not, in no instance is Father Moore to be allowed to take the stand. If she does not follow instructions, she will be fired. Or course Father Moore refuses the plea and insists on telling the full story in court. The defense attorney must resolve this dilemma. She does admire Father Moore even if she thinks he is misguided.

The film is being marketed as a horror movie, and parts of it fit that description. But it is more than that. It is a good courtroom drama with legal and ethical issues to be resolved by us as well as the court.


Posted October 6, 2005

Would you like to comment on this article? Please submit your comments here.

 Top of page

 Home | Silver Screen | Small Screen | News & Views