Mercy or Murder? (1987) - full transcript
Roswell and Emily Gilbert were married for fifty-one years, but for the eight final years of their marriage Emily suffered from Alzheimer's disease and the bone disease osteoporosis. Often in pain, Emily begged to die. In March 1985, 75-year-old Roswell shot Emily in the head. He said it was an act of mercy, but he was tried for murder and convicted as the nation debated euthanasia.
[GUN FIRING]
[DIAL TONE DRONING]
[DIALING]
ROSWELL: Hello, Pat?
This is Roswell Gilbert.
Will you tell Gene Hudak
and John Klinker that
I...
That I just shot my wife?
[SIREN BLARING]
MAGNANO: Charlie,
301, go ahead.
DISPATCHER: Possible signal
five, 5100 North Ocean
Drive.
I had no alternative, John.
The doctors couldn't help her,
and the hospitals
wouldn't take her in.
[PEOPLE CHATTERING]
I just shot my wife. I shot
her with my nine millimeter.
I shot her in the head.
Stay with him.
What about a lawyer, Ros?
Don't you think we ought
to contact a lawyer?
Well, I don't know
anybody down here.
KLINKER: Why don't we call
Mr. Ferris? The attorney for
the condominium association.
I'm sure he'll recommend
someone, a good lawyer.
Oh, yes, Mr. Ferris.
Call him.
It's my duty, sir, to advise
you of your rights under
the Miranda statute.
I'm aware of my rights,
Officer.
I have to read them to you
just the same.
I realize that
I broke the law.
You have the right
to remain silent...
I shot my wife.
Anything you say can
and will be held against
you in a court of law.
I loaded my gun...You have the right
to an attorney.
...went into the living room
where she was...
...and have him present...
... lying on the couch....while you're being
questioned.
[REPORTERS CLAMORING]
REPORTER 1: Mr. Gilbert,
how long did you
and your wife
live in
the Fort Lauderdale area?
REPORTER 2: Mr. Gilbert,
over here, one question,
please.
PHOTOGRAPHER:
This way, this way.
REPORTER 3: Are you going
to jail or the hospital?
REPORTER 4:
Where are you taking him?
Take it easy now,
you hear?
Yes, I hear.
MAGNANO:
You okay back there?
Yes.
I've been agonizing over this
for a month, Officer.
I was responsible
for resolving this.
The doctors couldn't
do anything.
I had to
end her suffering.
You take it easy, huh?
Easy. Ha!
I don't think anything
will ever be easy again.
For us, for Em and me, we...
It should have been in Spain.
We had a hell of
a good life there.
Belonged to a club,
had a lot of friends
from everywhere.
It's funny.
MAGNANO: What is?
The Golden Years...
That's what they call it
when you reach my age.
The Golden Years.
ROSWELL: More like brass,
wouldn't you say?
Not real gold if they can
tarnish so badly so quickly.
The Golden Years.
EMILY: Well, I don't think we
have to play out the rest
of the hand.
Oh, not again. She knows
every card we're holding.
Well, you have four
small spades.
And you, Jane, have
the four of diamonds,
the eight of hearts,
and the nine of spades.
Don't you ever lose?
Memory, my friends, is
the ammunition of the really
good bridge player.
Oh, gotta get my man.
See you tonight at the dance.
You betcha.
Down, gentlemen, down.
Em, you finished early.
Well, I needed some extra time
to argue you into
a black tie for tonight.
Oh, come on, Em...
Roswell, this is not
an optional dance.
It is black tie, right?
MAN: Right. Make him look
civilized, Em.
Friends...
Ready to go?
I need another half-hour
to settle the problems
of the world.
Granted. If you climb
into that dinner jacket
without a complaint.
Well, that sounds fair.
Witnesses, witnesses...
All right, I'll walk
for a while.
Mmm-hmm.
Oh, Em?Hmm?
It's that way.
The exit's that way.
Oops.
Em?
Puss, will you come up here,
please, and help me
with this damned noose?
Well, look at you, mister.
Where might you be going?
Hmm?Well, what are you
all dressed up for?
What am I...
Well, isn't
the dance tonight?
Dance?
Yeah, at the club.
Tonight?
Well, that's what you
said this afternoon.
The invitation said tonight.
You sent them out,
you're on the committee.
Well, then I'd better
get dressed, hadn't I?
[INSTRUMENTAL MUSIC PLAYING]
[PEOPLE CHATTERING]
I love the way
you do that.
What?Dip.
Remember what they
called you in college?
No.I do.
What?The Big Dipper.
Oh, they didn't.They sure did.
Em?Yes?
You okay?I'm fine, Ros.
Then what the hell made you
forget about the dance
tonight?
Well...
If you quote me,
I'll deny ever saying it.
But I guess I'm not
a spring chicken anymore, huh?
Come on, give me a dip.
Oh!
Oh, neither are you.
[BOTH LAUGHING]
All creamed and rubbed
and smeared?
My God, Em,
you're going to bed.
Yes, with you.
Gotta hide these wrinkles.
Oh...Do you want some milk?
No, thanks.
I'll be back in a minute.Okay.
[EXCLAIMS]
Oh!
[THUDDING]
EMILY: Oh...Em?
[EMILY GROANING]
Emily! Oh, my God!
Emily, I'm coming,
dear, I'm coming.
Oh...
Easy, easy, easy, easy...
What happened?
I don't know,
I don't know.
I just...
Well, did you...
Did you trip? Is that
what happened?
No, no...Huh? No?
I didn't trip. I just...
I just fell.
Oh.
Easy, easy, easy...Oh, I...
There's something wrong, Em.
You've been falling
and forgetting things.
And the doctors don't seem
to know what to do to help.
I'm...
I... I'm a little worried.
I think
it's time we go home.
I really do.
DR. HIDALGO: Is the pain
constant, Mrs. Gilbert?
Well, when I change positions
and... Or stand up, or...
Or walk.
Where is the pain mostly?My back.
And when did
this fall take place?
Yesterday.
A couple of weeks ago.
We saw a doctor in Spain.
A couple of weeks ago.
Mrs. Gilbert, how old are you?
I'm...
How old am I?
DR. HIDALGO: She's fractured
a vertebra.
When osteoporosis
sets into the bones,
they fracture very easily.
We'll put her on Percodan
for the pain, to start.
But... What about the other?
The memory loss?
It is called
presenile dementia.
In English.
I'm sorry.
Alzheimer's disease.
Have you heard of this?
Yeah, vaguely.
Alzheimer's...
Are you sure?
Yes. It advances slowly,
or rapidly.
We have no way of knowing.
Oh. What can you
do about it?
Nothing.
Nothing?
Nothing.
WAITRESS: The usual,
Mrs. Gilbert?
EMILY: I'd like some
nice hot chocolate.
And her sandwich.
The usual. And me, too.
Okay, good.
Thank you.
Thank you very much.
My back hurts.
Ah, come on, Em.
No, Ros, it hurts!
Those pills are not helping
me as much as they used to.
How many of them
I've taken in the last year!
Oh, we'll get you
something else.
What's wrong with me?
Roswell?
You know something? You ought
to get out and do some
of the things that...
Like go shopping or something.
You haven't bought any new
clothes in a long time.
Oh, Ros,
the doctors' bills...
Oh, you let me
worry about that.
Em, uh...
Skipper's coming to see us.
Who?Our daughter.
She's coming next week.
From Baltimore.Attagirl!
Yes.
Oh, there's a fashion show
in town, Puss.
Now why don't you
and Skipper go?
Buy out the joint.
You're always good
at spending money.
What do you say?
Maybe I will.Good, Em.
WAITRESS: Sandwiches
are coming right up.Oh, thank you.
Hot chocolate.
I never drink that.
You ordered it, Em.
No! No, there is
some mistake.
Would you like something else?
Water, please.
Just plain water.
This chair
is very uncomfortable.
All right, Puss.
We'll move, we'll move.
Sure. How's that one?
Well, looks much better.
Here you go.
Better. Much better.
Now, while I'm waiting
for my sandwich,
do you know what I'd like?
A hot chocolate.
A lovely hot chocolate.
When someone's going to
a fashion show, someone
should dress as if
she's going to a fashion show.
Mother, there's nothing wrong
with what I'm wearing.
No? There usually is.
Look, we haven't seen
each other...Pants!
...in such a long time,
let's try...To a fashion show, pants!
And who dreamed up
that hairstyle? Robin Hood?
You should be carrying
a bow and arrow,
not a purse.
[WOMEN CHATTERING]
This is an original.
Hand-beaded on silk chiffon.
It's available as you see it,
or it may be ordered
in gold or silver.
That, young lady,
is God-awful. Awful!
Mother!
Awful!Mother!
Are they allowed to display
such garbage and
at such ridiculous prices?
It's disgusting! Disgusting!
I'm not going to
stay here. Disgusting!
I don't know why your father
insisted that I come
to see this trash!
She okay?
Oh, sure. She's just a little
tired, that's all.
Taking a nap.
Would you like an apple?
She never asked
about the children.
ROSWELL: Hmm.
You should've heard
her, Daddy. I mean,
the manager came out
and asked us to leave.
I think it may be a reaction
to the new medication
she's taking.
Medication? For what?
Uh...
She's arthritic.
I've been an engineer
for 50 years. I certainly know
how to slice an apple.
Oh...
All right, you do it.
She asked me the same
question ten times.
And she never
got off my back.
I mean, I know I'm not exactly
her idea of a fashion plate,
but she never let up.
Oh, I'll have to talk to
the doctor about
that medication.
Is that all there is?
You're not hiding anything?
No, no. Say, you're gonna
miss your plane.
Yeah.
Tell her I said goodbye.I will, I will.
Sorry I don't get out here
more often. But there's Clark,
and the kids, and my job.
How are Clark's folks?
We had to put them in a home.
They hate it,
it's horrible.
There was no other way.
Bye.
Bye, dear.
Skipper?
Yes?
Don't ever do that to us.
To your mother and me.
No matter what happens,
don't ever warehouse us.
No home.
Ever!
KLINKER: How long will
you be gone, Ros?
Just overnight.
I have a monthly
with a consulting job
with Superior Electric
in Bristol, Connecticut.
It's just a conference.
They have some naive notion
that I know what
I'm talking about.
So do we.
Say, you think you'd like
to run for the condo board?
Sounds attractive.You're going away?
Oh, just overnight, Em.
Like last month and
the month before.
You...You're leaving me.
Oh, Em, I told you.
It's like...No!
You bastard!
You're going away,
you're leaving me alone.
You bastard! Bastard!
Em, Em...
You're leaving me,
you bastard! Bastard!
Bastard!
Em, listen, Em, stop it!
Oh, Puss, I'm so sorry.
Oh!
Did I hurt you?
Yes.Oh.
Forgive me. Look, let's...
Let's go up to the room,
shall we?
Just the two of us.
It'll be all right,
I promise you.
Shall we, hmm?
Let's go up to the room.
That's a girl,
that's a girl.
Hello, Ros.Hello, Libby.
You're gonna be late
for your plane.
No, no, no, I'll be all right.
She's never reacted
this way before.
I've been making
this trip for months.
Do you think I should cancel?
Oh, no. We'll look in
and so will the others.
You know, I'd drop
the damn thing,
but that extra income
kind of helps with
her medical bills.
Oh, of course it does.
Well, you have
my phone number
in Connecticut?
Sure.Uh-huh.
Go on, don't fret, Ros.
It's gonna be okay.Yeah.
Don't worry.
See you tomorrow, huh?Okay.
Thanks, Libby.
All right,
have a nice trip.Thank you, Libby.
Okay.
EMILY: Ros?
Ros?
Ros?
Ros?
Ros?
Libby? Libby?
Open the door!
He's in there.
I know he's in there!
Oh, Libby, he left me.
I know he did.
He left me all alone.
Oh...
[CRYING]
Oh. Thanks, Libby.
She's asleep.
Thanks.
Who are you
and what do you want?
I'm Roswell, Em.
Roswell, your husband.
Roswell! Oh, oh...
Em...I put on fresh make-up.
I wanted to look
nice for you when
you got home.
You look fine, dear.
Just fine.
Here, here,
here...
Here.Too much?
No, no, no, no, no.
A little smudge, that's all.
There, that's better. There.
Ros?Yes?
I don't want to
stay here any longer.
We should leave Spain.
We should go back
to the States.
That's where we are, Puss.
Where?
Fort Lauderdale, Florida.
We are?Yes, we are.
Oh. Well, then why
did you move to Connecticut?
Oh, I didn't move there, Puss.
I just go once a month
for a day, that's all.
You left me.
No.
Would... Would you like
to go with me from now on?
No.
Why not?
I'm afraid!
Why are you afraid, Em?
What is there
to be afraid of?
I don't know.
I'm afraid, that's all.
But, Puss, there's nothing
to be afraid of.
Ros?Yes?
You won't leave me
again, will you?No.
Promise?
Promise.
Ros?Mmm-hmm?
I don't want to
stay here anymore.
I've had
enough of Spain.
Haven't you?
Here, Em,
let me do that.
There. There...
I'll take a quick shower
and then we'll go
to the dentist, okay?
What about my eyes?
Oh, yeah. I'll do those later
when I get dressed.
You won't forget, huh?
Well, I never do, do I?
I don't think so.
Now, you stay right there.
I won't be long.
MAN: Lady, what's the matter
with you, you crazy
or something?
You're gonna get killed
walking in the street
like that!
[HORN HONKING]
Watch it, lady! You're
the kind that gets
other people killed!
[DRIVERS SHOUTING]
Yes, ma'am?
Hairnets.
Em?
[CAR HORNS HONKING]
[TIRES SQUEALING]
MAN: Look out!
Look out! Look out!
[WOMAN SCREAMING]
Oh, my God!
Emily!
How many times have I told you
not to cross that street
by yourself?
I needed some hairnets.
Don't you realize
how dangerous that is?
But I needed some hairnets!
That's why I've asked you
not to do that unless
I'm with you.
EMILY:
Had to have some hairnets!
Emily, you can't risk
your life for a bunch
of stupid hairnets!
I had to have
some hairnets!
But, Emily...
Oh... Oh.
Hairnets!
You haven't been
flossing, Mrs. Gilbert.
I'll have to do that
for her.
Now I wanna show you
how to do this.
It's different
when you're flossing
somebody else's teeth.
Wrap that around your fist.
Yeah.Around your fist.
Leave enough slack.
That's it.
Now put it
between the teeth.
That's it. Now push down
gently, gently.
That's it. Now slowly draw
the floss out from
between the teeth.
That's it. Draw it
all the way out.
Good, good, good.
[PEOPLE CHATTERING]
They're late again.
You want me
to call them?No, I'll call them.
Ros?
ROSWELL: Hi, Jackie.
Uh, I don't think we'll
be able to make it.
I was gonna call you, but...
JACKIE: Ros? Well, look,
why don't we...
No. Uh...
Emily's down and...
I'm sorry.
[DIAL TONE DRONING]
No?No.
But we'll bring them
some goodies in the morning.
[ALL CHATTERING]
JOHN: Come on, Ros.
We have all sorts
of leftovers for you.
Gourmet delights.
[RINGING DOORBELL]
Ros?
JACKIE: Ros?
Are you okay? Can we come in?
Em?
Em?
I'm sick. I'm very sick.
Oh, come on, Emily.
Snap out of it, my love.
Ask him.Who?
That man over there.
She doesn't even know my name.
Let me refrigerate
these things.
You just can't cope
with this anymore. You've got
to do something.
Look, Ros, be honest,
for her good as well
as your own.
You ought to commit her...No!
Get out, Jackie!What?
Go on, get out. Please!
No one's gonna tell me
how to handle my wife.
She's my problem.
Go on, get out!
JACKIE: John?
[DOOR CLOSING]
Puss?
Do you think you can get up?
No.
Would you try, please?
I can't, Ros.
The pain...
You just rest, Puss.
Just stay there and rest.
This is a hospital.
I don't wanna stay here.
We just got you here
for some tests.
I wanna go home.
We'll take you home
as soon as we get
the tests, okay?
Oh, Nurse, could we get
a roll-away in here? I'd like
to spend the night with her.
NURSE: Yes, sir,
I'll arrange that.
Now would you
mind waiting outside,
Mr. Gilbert?
No!I'd like to get her
into bed.
I'll be close by.I'm going with you,
I'm going home.
NURSE: Oh, why...Don't you dare touch me! No!
Why don't we just get
your clothes off,
Mrs. Gilbert?
No, don't you touch me, no!Em, look...
Why don't you let me try?
Maybe I can get her into bed.
The doctor ordered
a sedative, if necessary.
I'll go get it.
Hi.
Emily! Emily, come back!No, no!
Emily, look...No, I'm going home.
No, Emily,
listen to me. Emily!
I'm going home.
If you won't take me,
I'll walk home.
Emily, it's five miles
from here.
Well, I'll take a taxi!No, you...
[SCREAMS]
You get away from me!
You're gonna have
to restrain her,
Mr. Gilbert.
Tell her to get away!
Roswell, make them
get away from me!
Emily, Emily, Emily.You have to restrain her.
No. No, no,
no, no, no...Get away, get away!
Quiet.
Quiet, honey.
Just quiet, just quiet...
Okay... Just...
Now you, you rest, Em.
You just rest.
You sit right here
in this chair.
Home, Ros.
Yes.I want to go home.
We will,
we will, we will.
There we go,
there we go.
Let me fix the pillow.
There we go.
Home...Just lean back.
That's it.
Ros, I want to go home.
Yeah, you will, you will.Home...
This...
You won't let them touch me.
No, I won't, Puss.
She's booked for a bone scan.
Forget it.
You're not running
a psycho ward here.
We can't control her.
I'm gonna have to take
her home, back to square one.
EMILY: Home, Ros...
I am sorry, sir.
EMILY: Ros.
Home, home...
Yeah.
KLINKER: Hi, Ros.HUDAK: Hello, Roswell.
Hi, Gene, John.Hi.
You all right, Ros?Huh?
You look a little
under the weather.
Me? No.
Ros.
Ros?
Please.
Ros?
Ros?
Where are you? Please.
Ros?
Ros?
Please.
Darling, no.Where is he?
Where's Ros?Please don't be upset.
No. No, you sit
down here now.
I'll get him.Oh...
It's okay.
You wait here now.
I'll get him.
Mr. Gilbert, sir.
Please excuse me.
Come out. Your wife.
Em!
Ros.What are you doing here?
Ros, thank you.You promised to wait upstairs.
Why did you
come down here?
I'm sick, I'm so sick.
I want to die. I'm so sick.Oh, Em...
[SCREAMS]
You're hurting me,
please. You're hurting me!I'm so sorry...
Don't touch me.
Please, just don't touch
me, please.
I want to die.
Let me die.
Em, I'm sorry.
No, no, no, no,
don't say that.
I want to die. Let me die.Emily, please,
don't say that.
[BOTH CRYING]
Emily, please don't...
I want to die. Please, Ros.
[SOBBING]
I want to die.
ROSWELL:
Emily, I'm so sorry.
Emily.
Let's...
Let's go upstairs, shall we?
Just the two of us.
Good.
Shall we?Yes.
Let's... Yeah.Thank you, Ros. Thank you.
There.
There. This is fine, Puss.
Almost there. Almost there.
See? Just a little way.
That's it.
That's...
You're doing fine, just fine.
There. Yeah.
I know, I know,
I know...
There. Sit down.
Now be very, very careful,
Puss. Very, very careful...
Easy, easy, easy, easy.
That's it, that's it,
that's it.
[CRYING]Oh, oh, oh...
I'm sorry, darling,
I'm sorry.
I know how that hurts.
Please, help me.
Help me.
Please.
I love you dearly, Roswell.
Help me.
I love you, too, Em.
Help me.
I just...
I just want to die.
[GUN FIRING]
Oh, my God. I botched it.
[GUN FIRING]
[OFFICERS CHATTERING]
Hey, old man,
what you doing here?
PRISONER:
What you looking at, man?
You see something?
[PRISONERS CHATTERING]
Check it out, man.
This is an old age home.
Hey, Grandpa, got a smoke?
PRISONER 1: Hey, give him
the royal suite.
PRISONER 2: Hey, Billy,
is that your daddy?
PRISONER 3: Hey, you want me
to carry your bags for you
while you check in?
[PRISONERS LAUGHING]
Officer, you don't
happen to have
a pencil, do you?
Lillian? This is
Roswell Gilbert.
Mr. Gilbert?
Oh, dear God, how are you?
I'm okay, yes.
Uh, Lillian, I, uh...
I wonder if you'd
do something for me.
Whatever I can do.
I wrote something down.
I was wondering if
if you'd copy it and put it
on the bulletin board
where the others could see it.
Would you do that?
Yes, of course.
Well, here it is.
"I just could
not allow
"my lovely lady
of fifty-one years
"to descend
"into a living hell
"of suffering
and degradation."
Did you get that?
Yes, sir.Good.
And would you put that where
the others will see it?
Perhaps that will help
them understand.
And I'm sorry I caused
everyone
such an inconvenience.
[PEOPLE CHATTERING]
Sorry, that's not allowed.
No touching. Sit, please.
They, uh,
worry about people
passing drugs while
they're hugging each other.
You serious? They searched
every private part
before they let us in.
Well, it's the public parts
they're worried about.
You're so thin, Daddy.
You're so thin.
How much weight have you lost?
Oh, I don't know.
Twenty pounds, I guess,
in the last couple of months.
They took my belt,
my pants keep falling down.
[CHUCKLES]
One consolation, they can't
arrest me for
indecent exposure.
You should've said something.
We didn't know how bad it was.
You should've told us.
Well, what for?
It was my problem.
You've had your hands
full with Clark's parents.
That's enough for
anybody to handle.
Maybe we could've helped, Ros.
No.
My main concern is that
you understand why I did this.
Why I felt I had to do it.
I thought at the time that
maybe I ought to shoot myself.
Yes, I... Get it over with.
Then I thought,
"I can't do that.
"I've got to stand up in front
of my family and my friends
and explain."
You see, Skipper,
if you could just...
Daddy, not now.
We'll talk about it
when you get home.
Home?
They've contacted an attorney.
He's applied for
a community release.
PRISONER:
Good luck, old man.
[PRISONERS CHATTERING]
So who'd they get,
Mr. Gilbert?
ROSWELL: Get?Lawyer.
Oh, a man named Joe Varon.
Joe Varon?
Hey, that's a good name,
mister.
He's kept Meyer Lansky
out of jail for years.
Frankly, Mr. Gilbert,
I don't think the grand jury
will indict.
We've had so many
of these historic precedents.
They simply refuse to
indict in these cases.
But in the event that they do,
we've got to be prepared.
I understand.
You will be in community
release until the
grand jury meets.
When will that be?
Oh, in a couple of days.
Meanwhile, I can start
negotiating on
a manslaughter charge.
Maybe get probation,
something.
No.
No?
I didn't do anything wrong.
Oh, but...ROSWELL: I'll go for broke.
You're gonna be subjected
to vigorous cross-examination
if this goes to trial.
I know.
You're gonna win or lose
this case yourself.
How you
explain it to the jury.
I understand it.
You understand it.
But you might have
to explain it so that
the jury understands it.
I had to do it.
My one fear was that I would
die before she did.
What about your alternatives?
A nursing home?
Both my daughter's
in-laws are in nursing homes.
They're miserable.
Emily could never stay
anywhere without me,
not for a minute.
Couldn't you get someone
to care for her
at the apartment?
She'd never have it.
Anyway, it's too small.
There's not much room and
there was only one way
out for her.
For me...
I'm 75 years old.
I'm too damned old
to be hurt much.
If I had been 35 years old,
it would have been
an ultimate disaster.
But I'm old enough so that
nobody can hurt me.
You aren't afraid?
Frightened?
Frightened? No.
Not frightened.
I don't frighten easily.
And I didn't commit a crime
in the normal sense.
It was something...
What?
I didn't see an alternative.
It was desperation,
pure and simple.
She was on the couch.
I remember she said,
"Somebody please help me."
And I knew she was never
going to get better.
I just said,
"This is the time.
"I've got to do it now.
I can't wait.
"Not another day.
I can't let her suffer
like this.
"Not another night."
So I was cold as ice,
I have to admit.
And I shot her.
And after I shot her...
Well, I shot her twice
because I...
I goofed it.
She...
She still had a pulse.
I thought, "Oh, my God,
she's still living."
I... So I
shot her a second time.
I shot her a second time.
Medical Examiner,
please. Dr. Ongley?
This is Kelly Hancock's
secretary. Fine, thanks,
how are you?
Good. Kelly would like
to meet with you.
Yes, he's prosecuting.
Lunch?
The body was lying face up.
There was blood
on the couch. Thank you.
After I photographed
the body,
Detective Scheff asked me
to come out and speak
to Mr. Gilbert.
Can you describe
his physical condition?
He appeared relatively calm.
And how long
did you talk to him?Five to ten minutes.
You think he was in
a state of insanity
at the time?
Personally?
Mmm-hmm.
No.
My personal feeling is
if you look at who was most
inconvenienced
by Mrs. Gilbert's disease,
it wasn't Mrs. Gilbert.
It was Mr. Gilbert.
Her disease was becoming
disruptive to his
organized way of life.
Most domestic violence scenes
that are spontaneous
are messy.
They're not organized
and thought-out events.
You're really going ahead
with this case?
I don't think the law
can discriminate because
of age or sex,
or because he has gray hair.
We can't excuse him simply
because he's 75 years old.
Daddy?Hmm?
What's this?
What's what?
This. These clothes are
all soiled. Some of them
are still damp.
I forgot.
Forgot?
I was supposed to
take them to the cleaners.
I got side-tracked.
Skip,
your mother lost control
of everything.
I had to clean her
as well as her clothes.
You know how meticulous
she was.
Did you tell Joe Varon
about this?
No, she wouldn't
like that, Skipper.
Emily wouldn't want anyone
to know any of these things
about her.
The least we can do
is protect her memory.
WOMAN: I knew her
very well.
I saw Emily every single day
since the day she moved in.
Over at the beach house
since 1978.
Did you notice
from the beginning
that she was forgetful?
So she was a forgetful lady.
So what?
She was so beautiful.
Up until the day
that he did her in.
This beautiful lady,
all dressed, made up,
clothes perfectly matched.
Shoes, bag, jewelry.
If she wore brown,
she'd where green
to go with the brown.
I'd like you to testify
before the grand jury.
I would not like
to testify against him
because there
will be a vendetta.
I am very much afraid
of what he's capable of doing.
You think he could
hurt somebody else.
Is that what you're saying?
If you hurt him...
There was one man who had sand
put in his gas tank
because he said something
that went contrary to
the board of directors.
And you think this was done
at the instigation
of the board?
They're terrible.
The board of directors
and the managers.
They're all friends.
They back one another
all the way.
You think they'd back
a man for murder?
They did!
SKIPPER: The pie
looks fabulous.
Good. You bake it?
Are you kidding?
Jackie brought it.
Store-bought, but good.
Huh.
John Klinker says
some of the alarms
are out of commission.
You'll have to
take a look at them.
Huh.
I didn't know you
installed all the systems
in all the buildings.
That's great.
Would you like to take this
in the living room? Daddy?
Hmm? Oh, yes,
the living room. Mmm-hmm.
How about some television?
Okay.
WOMAN ON TV:
He was talking
about me?
MAN ON TV:
He was worried
about you.
About me?
All that stuff
you have on.
Oh, that's
nice of him.
NEWSCASTER: Good evening,
ladies and gentlemen.
This bulletin just came in.
Roswell Gilbert,
the man who shot his wife
in Fort Lauderdale just
a few days ago, has been
indicted by the grand jury.
In an unprecedented move,
he is being charged
with murder
in the first degree.
[GAVEL POUNDING]
Detective Scheff,
did there come a time
when you investigated
a homicide that occurred
in March 1985 that
brings you here today?
Yes, there was.
At that time I drove over
to 5100 North Ocean Boulevard,
the Sea Ranch Club,
Building A.
And what did you observe
upon entering the apartment?
The first thing I noticed
was the body of the victim,
which was laying on the floor
in the living room.
After taking a quick
preliminary look at the scene,
I exited the apartment.
I went back out to Mr. Gilbert
in the hallway.
I asked him if he would talk
to me about the incident.
He said that he would.
He suggested that we use
the card room down in
the lobby of the building,
and we rode down
in the elevator
along with Mr. Klinker.
ROSWELL: It was
my responsibility.
The entire situation rested
on my shoulders,
you understand?
I'd been considering
killing her for
almost a month.
I'm an engineer, you know.
A friend of mine gave me
a hell of a bit of advice
one time.
Best I'd ever heard.
What's that, sir?
He said that if you ever
have an impossible problem,
the way to solve it
is to smash it.
Oh, Detective,
I may need a toothbrush
if I have to stay in jail
overnight.
The sheriff's office
will provide you with that.
They will?
Yes, sir.
Well, I may have
to stay on probation
for the rest of my life
for doing this.
Damico. D-A-M-I-C-O.
First name is Sandy.
Where do you work, ma'am?Cunningham Drugs.
And how long have you
worked at Cunningham Drugs?
About a year
and a half. Almost.
Did you know an individual
that became known to you
as Emily Gilbert?
Yes. She'd come in. Yes.
Was she by herself
or was she with someone?
By herself.
Well, just one time
a man was with her.
Did you know
where she lived?
Across the street
from where Cunningham's is.
Is Cunningham Drugs
across A1A then?
Yes.
That's all I have.
Thank you very much, Sandy.
JUDGE: You may step down.
This is a personal vendetta.
Some of that testimony, Joe.
"She walked across
the street by herself."
"She went
down to the pool by herself."
She was wandering aimlessly.
She had no control over
where she was going or knew
what she was doing.
And the police.
"He was normal,
he was lucid."
How do they know
what normal is?
They never knew him before.
How could they tell what
his standard of normalcy, is?
I'm afraid for him, Joe.
I'm afraid for my father.
He's so damned stubborn
and honest and unafraid.
He's gonna end up
being a witness
for the prosecution.
He won't listen to me.
And he won't show
any remorse.
Now Mrs. Irvin, you indicated
that she was quite forgetful.
And you also said that
your mother had suffered...
My godmother.
I'm sorry.
Your godmother.
How many years
did she suffer
from Alzheimer's disease?
She's been ill
for four years.
And where is she now?
In Montreal.
Montreal.
Where is she living?
In her home.
And what is her condition?
How bad is she?
The last time I spoke
to her, on her birthday,
she said to me,
"Your voice sounds familiar."
She didn't know who you were?
No.
No one has shot her,
have they?
She's still alive?
Yes, she is.
[PEOPLE MURMURING]
I've been proud of
every case you've tried,
Kelly.
But I think it's sad that
this man had lived with
this lady for fifty-one years
and now he has to suffer
through a trial and be
persecuted for this.
Well, I'm sorry, Mother.
I'm sorry you feel that way.
But my responsibility
is to the people,
not the defendant.
And I didn't indict him,
the grand jury did.
I'm simply here to present
the facts and let the jury
decide if he's guilty.
How do you feel
about it personally?
I feel he's guilty.Why?
He confessed.
I mean, he admitted
he was guilty.
He said, right when the
police officer arrived,
he said he had done it.
He knew it was wrong.
And I don't think his solution
is the best answer
to problems like this.
She was very ill, Kelly.
What is very ill, Mother?
She cared about
the way she looked.
She was made up,
well dressed.
She went to restaurants.
And besides, that's the reason
we have hospitals.
Mister Gilbert never tried any
of these alternatives,
and now he wants us to
believe he's a hero?
This is a lady who was
concerned about living,
not dying.
Doesn't it bother you?
Doesn't it give
you pain because of
what you have to inflict
on somebody
like Roswell Gilbert?
I don't think
I inflict the pain.
He did the act, I didn't.
His decision was to kill.
I think our job is not
to condemn the person, but to
condemn the act that he did.
You don't think it
was an act of mercy?
No. When you talk
about mercy killing,
you talk about allowing people
to pull the plug when
they're brain-dead.
I don't think anyone
should play God.
I don't think we can allow
humans to decide who should
live and who should die.
We should not have the
discretion to take
someone's life.
If we do,
we no longer become
a caring society.
Mother, I've listened
to the testimony.
Roswell Gilbert didn't
kill his wife to solve
her problems.
He did it to solve his.
Oh, I feel like such a fool.
No.
God, I feel so awful for him.
I know.
Why didn't he
say something?
Why didn't he tell us
how bad it was?
Oh! Or maybe I should've
called him more often.
I guess I'm just going through
my own little guilt trip.
Oh, why didn't I go more
out of my way to find out
what was going on?
I was so involved with
my own problems at home.
Too involved to think about
what poor Daddy was going
through down there.
Oh, Clark, I should've been
more aware. I shut myself off.
Oh, but he was covering up
for her, honey.
With everybody.
The lawyers wouldn't
even let me testify.
They said it would
have been hearsay.
Hearsay from his own daughter.
It's because
I didn't see much of them
over the years.
Now, be honest, honey.
You and Emily never had
too much in common.
Oh...
I never could be
part of her lifestyle.
And the two of them
were so close,
I always felt left out.
So I...
I guess I just sort
of gave up.
And now she's gone. I'm gonna
have to live with that
for the rest of my life.
[SOBBING] Oh, God.
Would you state
your name and spell
your last name, sir?
F-R-E-D-M-A-N.
Marvin Fredman.
And what is
your occupation, sir?
I'm a psychologist.
Clinical psychologist.
And when did you
become interested
in Alzheimer's disease?
In 1980 I became
very involved
with the Mental
Health Association
of Broward County.
Became president
at one point.
I worked very closely with
the Alzheimer's Association,
began a support group
for the relatives.
What is a support group?
Well, tell the jury.
A support group is
a recognized way of trying to
help the relatives of patients
with Alzheimer's disease.
The support group concept
is that the relatives,
caretakers, so to speak,
meet once a week to discuss
the problems, to develop ways
of coping.
You indicated a term,
"caretaker."
FREDMAN:
Yes.
Over the years that
you've been having contact
with caretakers,
can you estimate for the court
how many you yourself
have counseled with?
Is it hundreds?Oh, I would say so.
Now, do you know
Roswell Gilbert?
Yes.
I first met Mr. Gilbert
on April 5th, 1985,
and had a second meeting
on April 11th, 1985.
I suppose I could have
continued looking after her
24 hours a day.
FREDMAN: But you didn't.
No.There are institutions.
Oh, no... It would be
very difficult for anyone
to handle her.
They'd have to
immobilize her,
use constraints.
I couldn't allow that.
I kept hearing her pain
and her suffering.
She was crying out for help.
So I acted accordingly.
The only responsible thing
I could do out of love
for my wife
was to end her life.
I was watching her die,
little by little,
before my eyes.
And once I made up my mind,
I couldn't reverse
the decision.
I had to be cold as ice
to carry it out.
And...
And...
Damn it, damn it,
damn it, damn it!
Damn it!
I didn't...
I didn't...
I didn't want to do that.
That's what everybody's
waiting for
once l get on that stand.
They want me to cry
and grovel and tell them
how sorry I am.
Well, I'm not going
to do that.
I don't want
anybody's sympathy.
I'm not going to go in front
of that jury and break down
and show remorse
so that they're
lenient with me.
And I'm not going to
use emotion to get me
off the hook.
FREDMAN: Mr. Gilbert, I...
There's an important
story to tell
about my wife
and her suffering
and
other people.
And it will be told
factually
and with dignity.
[GAVEL POUNDING]
JUDGE: Mister Varon,
you may call
your next witness.
Thank you, Your Honor.
Ros, take the stand.
I hope I don't break down.
I hope you do.
JUDGE: Please stand by
this chair, raise your right
hand and face the clerk
and be sworn
to tell the truth.
CLERK: Do you solemnly
swear that the testimony
you shall give
in this case
shall be the truth,
the whole truth and nothing
but the truth,
so help you God?
I do.
Be seated.
VARON: Please state
your name, sir.
Roswell Ward Gilbert.
G-I-L-B-E-R-T.
And you're the defendant
in this case, Mr. Gilbert?
I am.
And you're the husband
of the late Emily Gilbert?
I am.
Now what is
your age, sir?
Seventy-five.
And how long were
you married to Emily Gilbert?
Fifty-one years.
And there was a time
when you went to Spain
in semi-retirement.
They were the Golden Years,
supposedly, yes.
Yes. Now, in Spain,
did something unusual
occur to Emily
that altered her,
or was the start of
the deterioration of
her physical condition?
Oh, she was walking down
the steps and I heard
her yell.
VARON: Uh-huh.I went to her,
she was on the floor.
She was in terrible pain.
This was the first instance
of osteoporosis.
When was it you made
the professional acquaintance
of Dr. Hidalgo?
Well, we moved to
Fort Lauderdale and we'd
been here a few months.
He took care of her,
as he's testified.
It became apparent that this
was a lot more serious
than I'd been anticipating.
Mmm-hmm. Tell us about
the multiple fractures.
Well, most of them were...
Looking at the
X-rays in my mind now,
the vertebrae would crush
each other on one side
or the other.
The magnitude of it...
She had been
a little over five feet two.
When she died,
she was five feet flat.
She lost two inches.
A lot of people when they
get osteoporosis,
their spine curves.
Hers never really did.
It was always straight.
It just collapsed.
Now, in her sleeping habits,
where would she sleep?
Under what conditions?
Well, about three and a half
years ago we had twin beds
in the bedroom and...
But she moved to a couch
in the living room which
had soft bound pillows,
and she slept there.
When you'd gone
to lunch, for example,
with her, or for dinner,
would she require
any aids of any kind?
Well, I always took
a pillow in the car
for her back.
And during the last
two or three years
would you have lunch with her?
Oh, yes, every day.
Did you recognize,
within the past year,
any type of dependency?
Well, yes, I could
elaborate on that
in great length.
This damned Alzheimer's thing.
It developed into inner
psychotic attachment for me.
She got so dependent on me
that I began to think
this was a mistake
that we had made in our lives.
You know, she should've been
more independent.
She developed
a fright complex,
and I'd say,
"Emily, what the hell
are you frightened about?"
And she'd say,
"I don't know.
I'm just frightened."
What about your socializing?
Did you continue with that?
No, not really.
She liked to have
people in the apartment,
but I guess our casual friends
would prefer not coming
because she was
a bit embarrassing to them.
Now, was there a time
when you went to
Dr. Hansen's office,
you were given
certain instructions?
Oh, yes, definitely.
I flossed her teeth.
Yes, almost every day.
And toward the end
I'd have to put
her stockings on.
Pick her clothes.
Then she was having trouble
with her underwear.
She put her panties
on backwards,
and she was losing
so much weight it didn't
make much difference.
She didn't put her garters
on right.
I had to wash her underwear,
you know.
These sorts of things.
Now, I know this is
an indelicate subject,
but are you acquainted
with the expression
incontinence?
Oh, yes. I don't think
she had that.
Well, that's the loss of
bladder control,
bowel control.
Oh, once in a while.
But not too often.
[VARON SIGHS]
All right.
During all of this time
can you tell this court
and the jury
whether you were either
angered or irritated
with Emily
because of the so-called
burdens you'd been receiving?
No. Never.
I loved her very much
and we were two
rather different people.
You know, I was
a professional scientist
and she was a fine lady.
But kind of like two adjacent
pieces in the jigsaw puzzle.
They don't look alike,
but they sure fit together.
And this is a mutual thing.
No, I never felt
angry with her.
We would argue about how
to raise a daughter
or how to play bridge,
but, you know, superficial
things, but never in anger.
And now, Ros, we come to that
Monday morning, March 4th,
that fatal day.
Now after you took
Emily to lunch,
what did you do?
We came back
and I took Emily upstairs.
But I said, "Emily, now
I have to go down to
a short meeting downstairs.
"I'll be back in ten
or fifteen minutes."
She said, "All right."
She heard me.
And so I went down.
The next thing you heard
the testimony about.
I took her upstairs.
Sure, I know
I was breaking the law.
But there seems to be things
more important than the law.
At least to me
in my private tragedy.
So it's murder.
So what?
[CROWD MURMURING]
Thank you. You may inquire.
Mr. Hancock.
HANCOCK: Thank you,
Your Honor.
If it please the court.
Now, Mr. Gilbert,
you're an engineer.
I've been told so, yes.
And you've always
made decisions,
isn't that a fair statement?
I've had to be decisive, yes.
And, in fact,
you're not really an
emotional person, are you?
I found out recently
that's not exactly so,
but go ahead.
Let me ask you this.
You told John Klinker
that you knew it was wrong
and it was against the law,
didn't you?
Wrong or against the law?
Did you tell
the detectives, anyone,
that you knew
what you had done
was against the law?
Oh, against the law.
Yes, I agree to that.
And in fact you agree
with that today.
If I said it, I said it,
and I meant it. Yes.
Now you told
the detective
that you had never discussed
with Emily about shooting her.
Isn't that a fair statement?
No, never, never.
In fact, that's why you
basically kind of came up
from behind her.
Isn't that
a correct statement?
Naturally. I don't want her
looking down the muzzle
of the gun when I do it, no.
I came up
alongside her, yes.
But there's no question
that when you went
and got that gun,
which is your gun,
you went and got that gun,
you went back there
to shoot her.
Isn't that correct?
No question about that?
Yeah. I went and loaded it.
I came back and shot her.
That's a fact.
Right. And it's a fact
that you intended
to shoot her.
That's a fact,
isn't that correct?
For a fraction
of a minute, yes.
Then you went back
and you had to put
another bullet
back in the gun and then
you had to go back and
then you shot her again.
That's right.Isn't that correct?
That's right.
And at that time
there is no question
that you intended to shoot
her at that time, is there?
Certainly no question.
No question whatever.
I shot her, yes.
[PEOPLE MURMURING]
Thank you, Your Honor.
JUDGE: The jury has arrived
at a verdict?
CLERK: They have,
Your Honor.
Please bring
in the jury.
Ladies and gentlemen
of the jury, you have
arrived at a verdict?
Yes, sir.
Please pass
the verdict to the clerk.
The clerk will publish
the verdict.
CLERK: "The State of Florida,
plaintiff, versus Roswell Ward
Gilbert, defendant.
"Verdict. We the jury, find
as follows as to
the defendant in this case.
"The defendant is guilty
of murder in the first
degree as charged
"in the indictment."
Oh, my God,
they're killing my father!
CLERK: "So say we all, signed
Sylvia D. Firestone,
"Foreman, date May 9, 1985."
[PEOPLE CHATTERING]
Let's have a little
order, please.
JUDGE: Will the
defendant please rise?
Roswell Ward Gilbert,
you having been found guilty
by a jury of your peers
of murder in the first degree,
I do hereby adjudge you
to be guilty.
The bailiff will take
the fingerprints.
Ladies and gentlemen,
under the law,
when a person is convicted
of a felony,
it's required that
that individual
be fingerprinted
in the presence of the court
and the presence of the jury.
Now that is the procedure
that you're witnessing
at this moment.
This completes
your jury service.
Now I'd like you to go out
this way with
the court deputy.
Roswell Ward Gilbert,
would you please
approach the bench?
It is the judgment
of the court
and the sentence
of the law,
that you be committed into
the custody of
the Director of the Division
of Corrections
of the State of Florida.
By him, confined in
an institution
designed by him,
for the rest of
your natural life.
WOMAN: Oh, no!
There will be a mandatory
minimum of 25 years
before you'll be considered
eligible for parole.
I will say this to you, sir,
you do have a right to appeal
from this judgment
and sentence.
Your Honor, may I renew
my motion to have him
at liberty on his own
recognizance.
I've sentenced him.
I can't release him.
I will not release him.
Take it easy on that old man.
He's not going anywhere.
Mrs. Firestone,
can you tell us what
the discussions were like
inside the jury room?
Well, nobody felt that it
was a mercy killing.
There was no evidence
to indicate that
she was terminal.
My mother suffered with
Alzheimer's disease and
I have osteoporosis.
My function has
not been affected.
What was the effect
of his testimony on the jury?
The jury felt that
he was very arrogant.
Had he broken down
on the stand,
would that have affected
your decision differently?
There is a remote possibility.
The second shot really was
the decisive factor
of premeditation.
Another thing the jury talked
about, there are a lot
of elderly people,
senior citizens in Florida.
You just can't give them
a license to remove a husband
or a wife that's in their way.
You just can't do that.
[REPORTERS CLAMORING]
Oh, hey...
Hello, Joe.Hi.
Good to see you.Yeah, yeah.
You care for anything?
Uh, no, no, thanks.
Well, how you doing?
Oh, not too bad.
Everybody calls me
Mr. Gilbert.
Tell me that I shouldn't
be in here with
the likes of them.
That so, yeah?
No, I need that.
I used to think I was
independent as a hog
on ice, but I'm not, no.
No, they've been very nice,
all of them.
The staff and everybody.
They... Very nice.
I need that.
Mmm-hmm.
Uh, what about
the clemency hearing?
Yeah, that's what
I came to talk to you about.
What happened?
[SIGHING]
No go?
No go.Well, why?
The governor was all for it.
He needed three signatures
from his cabinet.
He could only get two.
Two out of six?
Well, it's an election
year, yeah.
Why don't we sit down? Huh?
I really blew it
on that stand,
didn't I, Joe?
You sure did.
I blew it.
Yeah, you blew it.
I wanted to get up there
and tell it like it was.
They thought
I was cold, emotionless.
Hell, I was
tearing up inside.
Yeah. Well, it's
the saddest case in my life.
And unless we have
a new trial,
it's my last case.
How come?
Well, this is the case
that's making old Joe retire.
[LAUGHS]
You serious?
Oh, I'm thoroughly
disenchanted with
the system here.
And I don't have
to tell you, the law,
improperly applied,
can be painful.
I don't need the practice.
I've got plenty of money.
I'm independently wealthy.
But cases like yours,
they can make me sick.
Well, I'm sorry, Joe.
I'll tell you one thing.
I'd love to
go to trial again.
But if we do...
You're gonna listen to me,
you old bastard!
You're gonna do it
the way I tell you.
I don't care whether
school keeps or not.
You're gonna do it my way,
and you are gonna
let everything out!
Well, if there is a next time,
I'll listen to you.
You'll listen to me.
But that won't
change things, Joe.
I still have to be honest.
It's not how I say it,
it's what I say, I guess.
Remorse? No, I don't
feel any remorse.
I have none.
All I have to do is sit
and think about my wife,
and what I did to her.
And sure, I start to get
teary because...
I miss her.
I loved her, Joe.
But she was getting to be
a suffering animal,
crying out my name
all the time.
I think the law is bad.
I certainly hope
they legalize euthanasia.
It's a right to die
just as strong to me
as a right to live.
All I...
All I have to do
is ask myself,
"What else could I have done?"
I don't have any other answer.
Do you?
[DIAL TONE DRONING]
[DIALING]
ROSWELL: Hello, Pat?
This is Roswell Gilbert.
Will you tell Gene Hudak
and John Klinker that
I...
That I just shot my wife?
[SIREN BLARING]
MAGNANO: Charlie,
301, go ahead.
DISPATCHER: Possible signal
five, 5100 North Ocean
Drive.
I had no alternative, John.
The doctors couldn't help her,
and the hospitals
wouldn't take her in.
[PEOPLE CHATTERING]
I just shot my wife. I shot
her with my nine millimeter.
I shot her in the head.
Stay with him.
What about a lawyer, Ros?
Don't you think we ought
to contact a lawyer?
Well, I don't know
anybody down here.
KLINKER: Why don't we call
Mr. Ferris? The attorney for
the condominium association.
I'm sure he'll recommend
someone, a good lawyer.
Oh, yes, Mr. Ferris.
Call him.
It's my duty, sir, to advise
you of your rights under
the Miranda statute.
I'm aware of my rights,
Officer.
I have to read them to you
just the same.
I realize that
I broke the law.
You have the right
to remain silent...
I shot my wife.
Anything you say can
and will be held against
you in a court of law.
I loaded my gun...You have the right
to an attorney.
...went into the living room
where she was...
...and have him present...
... lying on the couch....while you're being
questioned.
[REPORTERS CLAMORING]
REPORTER 1: Mr. Gilbert,
how long did you
and your wife
live in
the Fort Lauderdale area?
REPORTER 2: Mr. Gilbert,
over here, one question,
please.
PHOTOGRAPHER:
This way, this way.
REPORTER 3: Are you going
to jail or the hospital?
REPORTER 4:
Where are you taking him?
Take it easy now,
you hear?
Yes, I hear.
MAGNANO:
You okay back there?
Yes.
I've been agonizing over this
for a month, Officer.
I was responsible
for resolving this.
The doctors couldn't
do anything.
I had to
end her suffering.
You take it easy, huh?
Easy. Ha!
I don't think anything
will ever be easy again.
For us, for Em and me, we...
It should have been in Spain.
We had a hell of
a good life there.
Belonged to a club,
had a lot of friends
from everywhere.
It's funny.
MAGNANO: What is?
The Golden Years...
That's what they call it
when you reach my age.
The Golden Years.
ROSWELL: More like brass,
wouldn't you say?
Not real gold if they can
tarnish so badly so quickly.
The Golden Years.
EMILY: Well, I don't think we
have to play out the rest
of the hand.
Oh, not again. She knows
every card we're holding.
Well, you have four
small spades.
And you, Jane, have
the four of diamonds,
the eight of hearts,
and the nine of spades.
Don't you ever lose?
Memory, my friends, is
the ammunition of the really
good bridge player.
Oh, gotta get my man.
See you tonight at the dance.
You betcha.
Down, gentlemen, down.
Em, you finished early.
Well, I needed some extra time
to argue you into
a black tie for tonight.
Oh, come on, Em...
Roswell, this is not
an optional dance.
It is black tie, right?
MAN: Right. Make him look
civilized, Em.
Friends...
Ready to go?
I need another half-hour
to settle the problems
of the world.
Granted. If you climb
into that dinner jacket
without a complaint.
Well, that sounds fair.
Witnesses, witnesses...
All right, I'll walk
for a while.
Mmm-hmm.
Oh, Em?Hmm?
It's that way.
The exit's that way.
Oops.
Em?
Puss, will you come up here,
please, and help me
with this damned noose?
Well, look at you, mister.
Where might you be going?
Hmm?Well, what are you
all dressed up for?
What am I...
Well, isn't
the dance tonight?
Dance?
Yeah, at the club.
Tonight?
Well, that's what you
said this afternoon.
The invitation said tonight.
You sent them out,
you're on the committee.
Well, then I'd better
get dressed, hadn't I?
[INSTRUMENTAL MUSIC PLAYING]
[PEOPLE CHATTERING]
I love the way
you do that.
What?Dip.
Remember what they
called you in college?
No.I do.
What?The Big Dipper.
Oh, they didn't.They sure did.
Em?Yes?
You okay?I'm fine, Ros.
Then what the hell made you
forget about the dance
tonight?
Well...
If you quote me,
I'll deny ever saying it.
But I guess I'm not
a spring chicken anymore, huh?
Come on, give me a dip.
Oh!
Oh, neither are you.
[BOTH LAUGHING]
All creamed and rubbed
and smeared?
My God, Em,
you're going to bed.
Yes, with you.
Gotta hide these wrinkles.
Oh...Do you want some milk?
No, thanks.
I'll be back in a minute.Okay.
[EXCLAIMS]
Oh!
[THUDDING]
EMILY: Oh...Em?
[EMILY GROANING]
Emily! Oh, my God!
Emily, I'm coming,
dear, I'm coming.
Oh...
Easy, easy, easy, easy...
What happened?
I don't know,
I don't know.
I just...
Well, did you...
Did you trip? Is that
what happened?
No, no...Huh? No?
I didn't trip. I just...
I just fell.
Oh.
Easy, easy, easy...Oh, I...
There's something wrong, Em.
You've been falling
and forgetting things.
And the doctors don't seem
to know what to do to help.
I'm...
I... I'm a little worried.
I think
it's time we go home.
I really do.
DR. HIDALGO: Is the pain
constant, Mrs. Gilbert?
Well, when I change positions
and... Or stand up, or...
Or walk.
Where is the pain mostly?My back.
And when did
this fall take place?
Yesterday.
A couple of weeks ago.
We saw a doctor in Spain.
A couple of weeks ago.
Mrs. Gilbert, how old are you?
I'm...
How old am I?
DR. HIDALGO: She's fractured
a vertebra.
When osteoporosis
sets into the bones,
they fracture very easily.
We'll put her on Percodan
for the pain, to start.
But... What about the other?
The memory loss?
It is called
presenile dementia.
In English.
I'm sorry.
Alzheimer's disease.
Have you heard of this?
Yeah, vaguely.
Alzheimer's...
Are you sure?
Yes. It advances slowly,
or rapidly.
We have no way of knowing.
Oh. What can you
do about it?
Nothing.
Nothing?
Nothing.
WAITRESS: The usual,
Mrs. Gilbert?
EMILY: I'd like some
nice hot chocolate.
And her sandwich.
The usual. And me, too.
Okay, good.
Thank you.
Thank you very much.
My back hurts.
Ah, come on, Em.
No, Ros, it hurts!
Those pills are not helping
me as much as they used to.
How many of them
I've taken in the last year!
Oh, we'll get you
something else.
What's wrong with me?
Roswell?
You know something? You ought
to get out and do some
of the things that...
Like go shopping or something.
You haven't bought any new
clothes in a long time.
Oh, Ros,
the doctors' bills...
Oh, you let me
worry about that.
Em, uh...
Skipper's coming to see us.
Who?Our daughter.
She's coming next week.
From Baltimore.Attagirl!
Yes.
Oh, there's a fashion show
in town, Puss.
Now why don't you
and Skipper go?
Buy out the joint.
You're always good
at spending money.
What do you say?
Maybe I will.Good, Em.
WAITRESS: Sandwiches
are coming right up.Oh, thank you.
Hot chocolate.
I never drink that.
You ordered it, Em.
No! No, there is
some mistake.
Would you like something else?
Water, please.
Just plain water.
This chair
is very uncomfortable.
All right, Puss.
We'll move, we'll move.
Sure. How's that one?
Well, looks much better.
Here you go.
Better. Much better.
Now, while I'm waiting
for my sandwich,
do you know what I'd like?
A hot chocolate.
A lovely hot chocolate.
When someone's going to
a fashion show, someone
should dress as if
she's going to a fashion show.
Mother, there's nothing wrong
with what I'm wearing.
No? There usually is.
Look, we haven't seen
each other...Pants!
...in such a long time,
let's try...To a fashion show, pants!
And who dreamed up
that hairstyle? Robin Hood?
You should be carrying
a bow and arrow,
not a purse.
[WOMEN CHATTERING]
This is an original.
Hand-beaded on silk chiffon.
It's available as you see it,
or it may be ordered
in gold or silver.
That, young lady,
is God-awful. Awful!
Mother!
Awful!Mother!
Are they allowed to display
such garbage and
at such ridiculous prices?
It's disgusting! Disgusting!
I'm not going to
stay here. Disgusting!
I don't know why your father
insisted that I come
to see this trash!
She okay?
Oh, sure. She's just a little
tired, that's all.
Taking a nap.
Would you like an apple?
She never asked
about the children.
ROSWELL: Hmm.
You should've heard
her, Daddy. I mean,
the manager came out
and asked us to leave.
I think it may be a reaction
to the new medication
she's taking.
Medication? For what?
Uh...
She's arthritic.
I've been an engineer
for 50 years. I certainly know
how to slice an apple.
Oh...
All right, you do it.
She asked me the same
question ten times.
And she never
got off my back.
I mean, I know I'm not exactly
her idea of a fashion plate,
but she never let up.
Oh, I'll have to talk to
the doctor about
that medication.
Is that all there is?
You're not hiding anything?
No, no. Say, you're gonna
miss your plane.
Yeah.
Tell her I said goodbye.I will, I will.
Sorry I don't get out here
more often. But there's Clark,
and the kids, and my job.
How are Clark's folks?
We had to put them in a home.
They hate it,
it's horrible.
There was no other way.
Bye.
Bye, dear.
Skipper?
Yes?
Don't ever do that to us.
To your mother and me.
No matter what happens,
don't ever warehouse us.
No home.
Ever!
KLINKER: How long will
you be gone, Ros?
Just overnight.
I have a monthly
with a consulting job
with Superior Electric
in Bristol, Connecticut.
It's just a conference.
They have some naive notion
that I know what
I'm talking about.
So do we.
Say, you think you'd like
to run for the condo board?
Sounds attractive.You're going away?
Oh, just overnight, Em.
Like last month and
the month before.
You...You're leaving me.
Oh, Em, I told you.
It's like...No!
You bastard!
You're going away,
you're leaving me alone.
You bastard! Bastard!
Em, Em...
You're leaving me,
you bastard! Bastard!
Bastard!
Em, listen, Em, stop it!
Oh, Puss, I'm so sorry.
Oh!
Did I hurt you?
Yes.Oh.
Forgive me. Look, let's...
Let's go up to the room,
shall we?
Just the two of us.
It'll be all right,
I promise you.
Shall we, hmm?
Let's go up to the room.
That's a girl,
that's a girl.
Hello, Ros.Hello, Libby.
You're gonna be late
for your plane.
No, no, no, I'll be all right.
She's never reacted
this way before.
I've been making
this trip for months.
Do you think I should cancel?
Oh, no. We'll look in
and so will the others.
You know, I'd drop
the damn thing,
but that extra income
kind of helps with
her medical bills.
Oh, of course it does.
Well, you have
my phone number
in Connecticut?
Sure.Uh-huh.
Go on, don't fret, Ros.
It's gonna be okay.Yeah.
Don't worry.
See you tomorrow, huh?Okay.
Thanks, Libby.
All right,
have a nice trip.Thank you, Libby.
Okay.
EMILY: Ros?
Ros?
Ros?
Ros?
Ros?
Libby? Libby?
Open the door!
He's in there.
I know he's in there!
Oh, Libby, he left me.
I know he did.
He left me all alone.
Oh...
[CRYING]
Oh. Thanks, Libby.
She's asleep.
Thanks.
Who are you
and what do you want?
I'm Roswell, Em.
Roswell, your husband.
Roswell! Oh, oh...
Em...I put on fresh make-up.
I wanted to look
nice for you when
you got home.
You look fine, dear.
Just fine.
Here, here,
here...
Here.Too much?
No, no, no, no, no.
A little smudge, that's all.
There, that's better. There.
Ros?Yes?
I don't want to
stay here any longer.
We should leave Spain.
We should go back
to the States.
That's where we are, Puss.
Where?
Fort Lauderdale, Florida.
We are?Yes, we are.
Oh. Well, then why
did you move to Connecticut?
Oh, I didn't move there, Puss.
I just go once a month
for a day, that's all.
You left me.
No.
Would... Would you like
to go with me from now on?
No.
Why not?
I'm afraid!
Why are you afraid, Em?
What is there
to be afraid of?
I don't know.
I'm afraid, that's all.
But, Puss, there's nothing
to be afraid of.
Ros?Yes?
You won't leave me
again, will you?No.
Promise?
Promise.
Ros?Mmm-hmm?
I don't want to
stay here anymore.
I've had
enough of Spain.
Haven't you?
Here, Em,
let me do that.
There. There...
I'll take a quick shower
and then we'll go
to the dentist, okay?
What about my eyes?
Oh, yeah. I'll do those later
when I get dressed.
You won't forget, huh?
Well, I never do, do I?
I don't think so.
Now, you stay right there.
I won't be long.
MAN: Lady, what's the matter
with you, you crazy
or something?
You're gonna get killed
walking in the street
like that!
[HORN HONKING]
Watch it, lady! You're
the kind that gets
other people killed!
[DRIVERS SHOUTING]
Yes, ma'am?
Hairnets.
Em?
[CAR HORNS HONKING]
[TIRES SQUEALING]
MAN: Look out!
Look out! Look out!
[WOMAN SCREAMING]
Oh, my God!
Emily!
How many times have I told you
not to cross that street
by yourself?
I needed some hairnets.
Don't you realize
how dangerous that is?
But I needed some hairnets!
That's why I've asked you
not to do that unless
I'm with you.
EMILY:
Had to have some hairnets!
Emily, you can't risk
your life for a bunch
of stupid hairnets!
I had to have
some hairnets!
But, Emily...
Oh... Oh.
Hairnets!
You haven't been
flossing, Mrs. Gilbert.
I'll have to do that
for her.
Now I wanna show you
how to do this.
It's different
when you're flossing
somebody else's teeth.
Wrap that around your fist.
Yeah.Around your fist.
Leave enough slack.
That's it.
Now put it
between the teeth.
That's it. Now push down
gently, gently.
That's it. Now slowly draw
the floss out from
between the teeth.
That's it. Draw it
all the way out.
Good, good, good.
[PEOPLE CHATTERING]
They're late again.
You want me
to call them?No, I'll call them.
Ros?
ROSWELL: Hi, Jackie.
Uh, I don't think we'll
be able to make it.
I was gonna call you, but...
JACKIE: Ros? Well, look,
why don't we...
No. Uh...
Emily's down and...
I'm sorry.
[DIAL TONE DRONING]
No?No.
But we'll bring them
some goodies in the morning.
[ALL CHATTERING]
JOHN: Come on, Ros.
We have all sorts
of leftovers for you.
Gourmet delights.
[RINGING DOORBELL]
Ros?
JACKIE: Ros?
Are you okay? Can we come in?
Em?
Em?
I'm sick. I'm very sick.
Oh, come on, Emily.
Snap out of it, my love.
Ask him.Who?
That man over there.
She doesn't even know my name.
Let me refrigerate
these things.
You just can't cope
with this anymore. You've got
to do something.
Look, Ros, be honest,
for her good as well
as your own.
You ought to commit her...No!
Get out, Jackie!What?
Go on, get out. Please!
No one's gonna tell me
how to handle my wife.
She's my problem.
Go on, get out!
JACKIE: John?
[DOOR CLOSING]
Puss?
Do you think you can get up?
No.
Would you try, please?
I can't, Ros.
The pain...
You just rest, Puss.
Just stay there and rest.
This is a hospital.
I don't wanna stay here.
We just got you here
for some tests.
I wanna go home.
We'll take you home
as soon as we get
the tests, okay?
Oh, Nurse, could we get
a roll-away in here? I'd like
to spend the night with her.
NURSE: Yes, sir,
I'll arrange that.
Now would you
mind waiting outside,
Mr. Gilbert?
No!I'd like to get her
into bed.
I'll be close by.I'm going with you,
I'm going home.
NURSE: Oh, why...Don't you dare touch me! No!
Why don't we just get
your clothes off,
Mrs. Gilbert?
No, don't you touch me, no!Em, look...
Why don't you let me try?
Maybe I can get her into bed.
The doctor ordered
a sedative, if necessary.
I'll go get it.
Hi.
Emily! Emily, come back!No, no!
Emily, look...No, I'm going home.
No, Emily,
listen to me. Emily!
I'm going home.
If you won't take me,
I'll walk home.
Emily, it's five miles
from here.
Well, I'll take a taxi!No, you...
[SCREAMS]
You get away from me!
You're gonna have
to restrain her,
Mr. Gilbert.
Tell her to get away!
Roswell, make them
get away from me!
Emily, Emily, Emily.You have to restrain her.
No. No, no,
no, no, no...Get away, get away!
Quiet.
Quiet, honey.
Just quiet, just quiet...
Okay... Just...
Now you, you rest, Em.
You just rest.
You sit right here
in this chair.
Home, Ros.
Yes.I want to go home.
We will,
we will, we will.
There we go,
there we go.
Let me fix the pillow.
There we go.
Home...Just lean back.
That's it.
Ros, I want to go home.
Yeah, you will, you will.Home...
This...
You won't let them touch me.
No, I won't, Puss.
She's booked for a bone scan.
Forget it.
You're not running
a psycho ward here.
We can't control her.
I'm gonna have to take
her home, back to square one.
EMILY: Home, Ros...
I am sorry, sir.
EMILY: Ros.
Home, home...
Yeah.
KLINKER: Hi, Ros.HUDAK: Hello, Roswell.
Hi, Gene, John.Hi.
You all right, Ros?Huh?
You look a little
under the weather.
Me? No.
Ros.
Ros?
Please.
Ros?
Ros?
Where are you? Please.
Ros?
Ros?
Please.
Darling, no.Where is he?
Where's Ros?Please don't be upset.
No. No, you sit
down here now.
I'll get him.Oh...
It's okay.
You wait here now.
I'll get him.
Mr. Gilbert, sir.
Please excuse me.
Come out. Your wife.
Em!
Ros.What are you doing here?
Ros, thank you.You promised to wait upstairs.
Why did you
come down here?
I'm sick, I'm so sick.
I want to die. I'm so sick.Oh, Em...
[SCREAMS]
You're hurting me,
please. You're hurting me!I'm so sorry...
Don't touch me.
Please, just don't touch
me, please.
I want to die.
Let me die.
Em, I'm sorry.
No, no, no, no,
don't say that.
I want to die. Let me die.Emily, please,
don't say that.
[BOTH CRYING]
Emily, please don't...
I want to die. Please, Ros.
[SOBBING]
I want to die.
ROSWELL:
Emily, I'm so sorry.
Emily.
Let's...
Let's go upstairs, shall we?
Just the two of us.
Good.
Shall we?Yes.
Let's... Yeah.Thank you, Ros. Thank you.
There.
There. This is fine, Puss.
Almost there. Almost there.
See? Just a little way.
That's it.
That's...
You're doing fine, just fine.
There. Yeah.
I know, I know,
I know...
There. Sit down.
Now be very, very careful,
Puss. Very, very careful...
Easy, easy, easy, easy.
That's it, that's it,
that's it.
[CRYING]Oh, oh, oh...
I'm sorry, darling,
I'm sorry.
I know how that hurts.
Please, help me.
Help me.
Please.
I love you dearly, Roswell.
Help me.
I love you, too, Em.
Help me.
I just...
I just want to die.
[GUN FIRING]
Oh, my God. I botched it.
[GUN FIRING]
[OFFICERS CHATTERING]
Hey, old man,
what you doing here?
PRISONER:
What you looking at, man?
You see something?
[PRISONERS CHATTERING]
Check it out, man.
This is an old age home.
Hey, Grandpa, got a smoke?
PRISONER 1: Hey, give him
the royal suite.
PRISONER 2: Hey, Billy,
is that your daddy?
PRISONER 3: Hey, you want me
to carry your bags for you
while you check in?
[PRISONERS LAUGHING]
Officer, you don't
happen to have
a pencil, do you?
Lillian? This is
Roswell Gilbert.
Mr. Gilbert?
Oh, dear God, how are you?
I'm okay, yes.
Uh, Lillian, I, uh...
I wonder if you'd
do something for me.
Whatever I can do.
I wrote something down.
I was wondering if
if you'd copy it and put it
on the bulletin board
where the others could see it.
Would you do that?
Yes, of course.
Well, here it is.
"I just could
not allow
"my lovely lady
of fifty-one years
"to descend
"into a living hell
"of suffering
and degradation."
Did you get that?
Yes, sir.Good.
And would you put that where
the others will see it?
Perhaps that will help
them understand.
And I'm sorry I caused
everyone
such an inconvenience.
[PEOPLE CHATTERING]
Sorry, that's not allowed.
No touching. Sit, please.
They, uh,
worry about people
passing drugs while
they're hugging each other.
You serious? They searched
every private part
before they let us in.
Well, it's the public parts
they're worried about.
You're so thin, Daddy.
You're so thin.
How much weight have you lost?
Oh, I don't know.
Twenty pounds, I guess,
in the last couple of months.
They took my belt,
my pants keep falling down.
[CHUCKLES]
One consolation, they can't
arrest me for
indecent exposure.
You should've said something.
We didn't know how bad it was.
You should've told us.
Well, what for?
It was my problem.
You've had your hands
full with Clark's parents.
That's enough for
anybody to handle.
Maybe we could've helped, Ros.
No.
My main concern is that
you understand why I did this.
Why I felt I had to do it.
I thought at the time that
maybe I ought to shoot myself.
Yes, I... Get it over with.
Then I thought,
"I can't do that.
"I've got to stand up in front
of my family and my friends
and explain."
You see, Skipper,
if you could just...
Daddy, not now.
We'll talk about it
when you get home.
Home?
They've contacted an attorney.
He's applied for
a community release.
PRISONER:
Good luck, old man.
[PRISONERS CHATTERING]
So who'd they get,
Mr. Gilbert?
ROSWELL: Get?Lawyer.
Oh, a man named Joe Varon.
Joe Varon?
Hey, that's a good name,
mister.
He's kept Meyer Lansky
out of jail for years.
Frankly, Mr. Gilbert,
I don't think the grand jury
will indict.
We've had so many
of these historic precedents.
They simply refuse to
indict in these cases.
But in the event that they do,
we've got to be prepared.
I understand.
You will be in community
release until the
grand jury meets.
When will that be?
Oh, in a couple of days.
Meanwhile, I can start
negotiating on
a manslaughter charge.
Maybe get probation,
something.
No.
No?
I didn't do anything wrong.
Oh, but...ROSWELL: I'll go for broke.
You're gonna be subjected
to vigorous cross-examination
if this goes to trial.
I know.
You're gonna win or lose
this case yourself.
How you
explain it to the jury.
I understand it.
You understand it.
But you might have
to explain it so that
the jury understands it.
I had to do it.
My one fear was that I would
die before she did.
What about your alternatives?
A nursing home?
Both my daughter's
in-laws are in nursing homes.
They're miserable.
Emily could never stay
anywhere without me,
not for a minute.
Couldn't you get someone
to care for her
at the apartment?
She'd never have it.
Anyway, it's too small.
There's not much room and
there was only one way
out for her.
For me...
I'm 75 years old.
I'm too damned old
to be hurt much.
If I had been 35 years old,
it would have been
an ultimate disaster.
But I'm old enough so that
nobody can hurt me.
You aren't afraid?
Frightened?
Frightened? No.
Not frightened.
I don't frighten easily.
And I didn't commit a crime
in the normal sense.
It was something...
What?
I didn't see an alternative.
It was desperation,
pure and simple.
She was on the couch.
I remember she said,
"Somebody please help me."
And I knew she was never
going to get better.
I just said,
"This is the time.
"I've got to do it now.
I can't wait.
"Not another day.
I can't let her suffer
like this.
"Not another night."
So I was cold as ice,
I have to admit.
And I shot her.
And after I shot her...
Well, I shot her twice
because I...
I goofed it.
She...
She still had a pulse.
I thought, "Oh, my God,
she's still living."
I... So I
shot her a second time.
I shot her a second time.
Medical Examiner,
please. Dr. Ongley?
This is Kelly Hancock's
secretary. Fine, thanks,
how are you?
Good. Kelly would like
to meet with you.
Yes, he's prosecuting.
Lunch?
The body was lying face up.
There was blood
on the couch. Thank you.
After I photographed
the body,
Detective Scheff asked me
to come out and speak
to Mr. Gilbert.
Can you describe
his physical condition?
He appeared relatively calm.
And how long
did you talk to him?Five to ten minutes.
You think he was in
a state of insanity
at the time?
Personally?
Mmm-hmm.
No.
My personal feeling is
if you look at who was most
inconvenienced
by Mrs. Gilbert's disease,
it wasn't Mrs. Gilbert.
It was Mr. Gilbert.
Her disease was becoming
disruptive to his
organized way of life.
Most domestic violence scenes
that are spontaneous
are messy.
They're not organized
and thought-out events.
You're really going ahead
with this case?
I don't think the law
can discriminate because
of age or sex,
or because he has gray hair.
We can't excuse him simply
because he's 75 years old.
Daddy?Hmm?
What's this?
What's what?
This. These clothes are
all soiled. Some of them
are still damp.
I forgot.
Forgot?
I was supposed to
take them to the cleaners.
I got side-tracked.
Skip,
your mother lost control
of everything.
I had to clean her
as well as her clothes.
You know how meticulous
she was.
Did you tell Joe Varon
about this?
No, she wouldn't
like that, Skipper.
Emily wouldn't want anyone
to know any of these things
about her.
The least we can do
is protect her memory.
WOMAN: I knew her
very well.
I saw Emily every single day
since the day she moved in.
Over at the beach house
since 1978.
Did you notice
from the beginning
that she was forgetful?
So she was a forgetful lady.
So what?
She was so beautiful.
Up until the day
that he did her in.
This beautiful lady,
all dressed, made up,
clothes perfectly matched.
Shoes, bag, jewelry.
If she wore brown,
she'd where green
to go with the brown.
I'd like you to testify
before the grand jury.
I would not like
to testify against him
because there
will be a vendetta.
I am very much afraid
of what he's capable of doing.
You think he could
hurt somebody else.
Is that what you're saying?
If you hurt him...
There was one man who had sand
put in his gas tank
because he said something
that went contrary to
the board of directors.
And you think this was done
at the instigation
of the board?
They're terrible.
The board of directors
and the managers.
They're all friends.
They back one another
all the way.
You think they'd back
a man for murder?
They did!
SKIPPER: The pie
looks fabulous.
Good. You bake it?
Are you kidding?
Jackie brought it.
Store-bought, but good.
Huh.
John Klinker says
some of the alarms
are out of commission.
You'll have to
take a look at them.
Huh.
I didn't know you
installed all the systems
in all the buildings.
That's great.
Would you like to take this
in the living room? Daddy?
Hmm? Oh, yes,
the living room. Mmm-hmm.
How about some television?
Okay.
WOMAN ON TV:
He was talking
about me?
MAN ON TV:
He was worried
about you.
About me?
All that stuff
you have on.
Oh, that's
nice of him.
NEWSCASTER: Good evening,
ladies and gentlemen.
This bulletin just came in.
Roswell Gilbert,
the man who shot his wife
in Fort Lauderdale just
a few days ago, has been
indicted by the grand jury.
In an unprecedented move,
he is being charged
with murder
in the first degree.
[GAVEL POUNDING]
Detective Scheff,
did there come a time
when you investigated
a homicide that occurred
in March 1985 that
brings you here today?
Yes, there was.
At that time I drove over
to 5100 North Ocean Boulevard,
the Sea Ranch Club,
Building A.
And what did you observe
upon entering the apartment?
The first thing I noticed
was the body of the victim,
which was laying on the floor
in the living room.
After taking a quick
preliminary look at the scene,
I exited the apartment.
I went back out to Mr. Gilbert
in the hallway.
I asked him if he would talk
to me about the incident.
He said that he would.
He suggested that we use
the card room down in
the lobby of the building,
and we rode down
in the elevator
along with Mr. Klinker.
ROSWELL: It was
my responsibility.
The entire situation rested
on my shoulders,
you understand?
I'd been considering
killing her for
almost a month.
I'm an engineer, you know.
A friend of mine gave me
a hell of a bit of advice
one time.
Best I'd ever heard.
What's that, sir?
He said that if you ever
have an impossible problem,
the way to solve it
is to smash it.
Oh, Detective,
I may need a toothbrush
if I have to stay in jail
overnight.
The sheriff's office
will provide you with that.
They will?
Yes, sir.
Well, I may have
to stay on probation
for the rest of my life
for doing this.
Damico. D-A-M-I-C-O.
First name is Sandy.
Where do you work, ma'am?Cunningham Drugs.
And how long have you
worked at Cunningham Drugs?
About a year
and a half. Almost.
Did you know an individual
that became known to you
as Emily Gilbert?
Yes. She'd come in. Yes.
Was she by herself
or was she with someone?
By herself.
Well, just one time
a man was with her.
Did you know
where she lived?
Across the street
from where Cunningham's is.
Is Cunningham Drugs
across A1A then?
Yes.
That's all I have.
Thank you very much, Sandy.
JUDGE: You may step down.
This is a personal vendetta.
Some of that testimony, Joe.
"She walked across
the street by herself."
"She went
down to the pool by herself."
She was wandering aimlessly.
She had no control over
where she was going or knew
what she was doing.
And the police.
"He was normal,
he was lucid."
How do they know
what normal is?
They never knew him before.
How could they tell what
his standard of normalcy, is?
I'm afraid for him, Joe.
I'm afraid for my father.
He's so damned stubborn
and honest and unafraid.
He's gonna end up
being a witness
for the prosecution.
He won't listen to me.
And he won't show
any remorse.
Now Mrs. Irvin, you indicated
that she was quite forgetful.
And you also said that
your mother had suffered...
My godmother.
I'm sorry.
Your godmother.
How many years
did she suffer
from Alzheimer's disease?
She's been ill
for four years.
And where is she now?
In Montreal.
Montreal.
Where is she living?
In her home.
And what is her condition?
How bad is she?
The last time I spoke
to her, on her birthday,
she said to me,
"Your voice sounds familiar."
She didn't know who you were?
No.
No one has shot her,
have they?
She's still alive?
Yes, she is.
[PEOPLE MURMURING]
I've been proud of
every case you've tried,
Kelly.
But I think it's sad that
this man had lived with
this lady for fifty-one years
and now he has to suffer
through a trial and be
persecuted for this.
Well, I'm sorry, Mother.
I'm sorry you feel that way.
But my responsibility
is to the people,
not the defendant.
And I didn't indict him,
the grand jury did.
I'm simply here to present
the facts and let the jury
decide if he's guilty.
How do you feel
about it personally?
I feel he's guilty.Why?
He confessed.
I mean, he admitted
he was guilty.
He said, right when the
police officer arrived,
he said he had done it.
He knew it was wrong.
And I don't think his solution
is the best answer
to problems like this.
She was very ill, Kelly.
What is very ill, Mother?
She cared about
the way she looked.
She was made up,
well dressed.
She went to restaurants.
And besides, that's the reason
we have hospitals.
Mister Gilbert never tried any
of these alternatives,
and now he wants us to
believe he's a hero?
This is a lady who was
concerned about living,
not dying.
Doesn't it bother you?
Doesn't it give
you pain because of
what you have to inflict
on somebody
like Roswell Gilbert?
I don't think
I inflict the pain.
He did the act, I didn't.
His decision was to kill.
I think our job is not
to condemn the person, but to
condemn the act that he did.
You don't think it
was an act of mercy?
No. When you talk
about mercy killing,
you talk about allowing people
to pull the plug when
they're brain-dead.
I don't think anyone
should play God.
I don't think we can allow
humans to decide who should
live and who should die.
We should not have the
discretion to take
someone's life.
If we do,
we no longer become
a caring society.
Mother, I've listened
to the testimony.
Roswell Gilbert didn't
kill his wife to solve
her problems.
He did it to solve his.
Oh, I feel like such a fool.
No.
God, I feel so awful for him.
I know.
Why didn't he
say something?
Why didn't he tell us
how bad it was?
Oh! Or maybe I should've
called him more often.
I guess I'm just going through
my own little guilt trip.
Oh, why didn't I go more
out of my way to find out
what was going on?
I was so involved with
my own problems at home.
Too involved to think about
what poor Daddy was going
through down there.
Oh, Clark, I should've been
more aware. I shut myself off.
Oh, but he was covering up
for her, honey.
With everybody.
The lawyers wouldn't
even let me testify.
They said it would
have been hearsay.
Hearsay from his own daughter.
It's because
I didn't see much of them
over the years.
Now, be honest, honey.
You and Emily never had
too much in common.
Oh...
I never could be
part of her lifestyle.
And the two of them
were so close,
I always felt left out.
So I...
I guess I just sort
of gave up.
And now she's gone. I'm gonna
have to live with that
for the rest of my life.
[SOBBING] Oh, God.
Would you state
your name and spell
your last name, sir?
F-R-E-D-M-A-N.
Marvin Fredman.
And what is
your occupation, sir?
I'm a psychologist.
Clinical psychologist.
And when did you
become interested
in Alzheimer's disease?
In 1980 I became
very involved
with the Mental
Health Association
of Broward County.
Became president
at one point.
I worked very closely with
the Alzheimer's Association,
began a support group
for the relatives.
What is a support group?
Well, tell the jury.
A support group is
a recognized way of trying to
help the relatives of patients
with Alzheimer's disease.
The support group concept
is that the relatives,
caretakers, so to speak,
meet once a week to discuss
the problems, to develop ways
of coping.
You indicated a term,
"caretaker."
FREDMAN:
Yes.
Over the years that
you've been having contact
with caretakers,
can you estimate for the court
how many you yourself
have counseled with?
Is it hundreds?Oh, I would say so.
Now, do you know
Roswell Gilbert?
Yes.
I first met Mr. Gilbert
on April 5th, 1985,
and had a second meeting
on April 11th, 1985.
I suppose I could have
continued looking after her
24 hours a day.
FREDMAN: But you didn't.
No.There are institutions.
Oh, no... It would be
very difficult for anyone
to handle her.
They'd have to
immobilize her,
use constraints.
I couldn't allow that.
I kept hearing her pain
and her suffering.
She was crying out for help.
So I acted accordingly.
The only responsible thing
I could do out of love
for my wife
was to end her life.
I was watching her die,
little by little,
before my eyes.
And once I made up my mind,
I couldn't reverse
the decision.
I had to be cold as ice
to carry it out.
And...
And...
Damn it, damn it,
damn it, damn it!
Damn it!
I didn't...
I didn't...
I didn't want to do that.
That's what everybody's
waiting for
once l get on that stand.
They want me to cry
and grovel and tell them
how sorry I am.
Well, I'm not going
to do that.
I don't want
anybody's sympathy.
I'm not going to go in front
of that jury and break down
and show remorse
so that they're
lenient with me.
And I'm not going to
use emotion to get me
off the hook.
FREDMAN: Mr. Gilbert, I...
There's an important
story to tell
about my wife
and her suffering
and
other people.
And it will be told
factually
and with dignity.
[GAVEL POUNDING]
JUDGE: Mister Varon,
you may call
your next witness.
Thank you, Your Honor.
Ros, take the stand.
I hope I don't break down.
I hope you do.
JUDGE: Please stand by
this chair, raise your right
hand and face the clerk
and be sworn
to tell the truth.
CLERK: Do you solemnly
swear that the testimony
you shall give
in this case
shall be the truth,
the whole truth and nothing
but the truth,
so help you God?
I do.
Be seated.
VARON: Please state
your name, sir.
Roswell Ward Gilbert.
G-I-L-B-E-R-T.
And you're the defendant
in this case, Mr. Gilbert?
I am.
And you're the husband
of the late Emily Gilbert?
I am.
Now what is
your age, sir?
Seventy-five.
And how long were
you married to Emily Gilbert?
Fifty-one years.
And there was a time
when you went to Spain
in semi-retirement.
They were the Golden Years,
supposedly, yes.
Yes. Now, in Spain,
did something unusual
occur to Emily
that altered her,
or was the start of
the deterioration of
her physical condition?
Oh, she was walking down
the steps and I heard
her yell.
VARON: Uh-huh.I went to her,
she was on the floor.
She was in terrible pain.
This was the first instance
of osteoporosis.
When was it you made
the professional acquaintance
of Dr. Hidalgo?
Well, we moved to
Fort Lauderdale and we'd
been here a few months.
He took care of her,
as he's testified.
It became apparent that this
was a lot more serious
than I'd been anticipating.
Mmm-hmm. Tell us about
the multiple fractures.
Well, most of them were...
Looking at the
X-rays in my mind now,
the vertebrae would crush
each other on one side
or the other.
The magnitude of it...
She had been
a little over five feet two.
When she died,
she was five feet flat.
She lost two inches.
A lot of people when they
get osteoporosis,
their spine curves.
Hers never really did.
It was always straight.
It just collapsed.
Now, in her sleeping habits,
where would she sleep?
Under what conditions?
Well, about three and a half
years ago we had twin beds
in the bedroom and...
But she moved to a couch
in the living room which
had soft bound pillows,
and she slept there.
When you'd gone
to lunch, for example,
with her, or for dinner,
would she require
any aids of any kind?
Well, I always took
a pillow in the car
for her back.
And during the last
two or three years
would you have lunch with her?
Oh, yes, every day.
Did you recognize,
within the past year,
any type of dependency?
Well, yes, I could
elaborate on that
in great length.
This damned Alzheimer's thing.
It developed into inner
psychotic attachment for me.
She got so dependent on me
that I began to think
this was a mistake
that we had made in our lives.
You know, she should've been
more independent.
She developed
a fright complex,
and I'd say,
"Emily, what the hell
are you frightened about?"
And she'd say,
"I don't know.
I'm just frightened."
What about your socializing?
Did you continue with that?
No, not really.
She liked to have
people in the apartment,
but I guess our casual friends
would prefer not coming
because she was
a bit embarrassing to them.
Now, was there a time
when you went to
Dr. Hansen's office,
you were given
certain instructions?
Oh, yes, definitely.
I flossed her teeth.
Yes, almost every day.
And toward the end
I'd have to put
her stockings on.
Pick her clothes.
Then she was having trouble
with her underwear.
She put her panties
on backwards,
and she was losing
so much weight it didn't
make much difference.
She didn't put her garters
on right.
I had to wash her underwear,
you know.
These sorts of things.
Now, I know this is
an indelicate subject,
but are you acquainted
with the expression
incontinence?
Oh, yes. I don't think
she had that.
Well, that's the loss of
bladder control,
bowel control.
Oh, once in a while.
But not too often.
[VARON SIGHS]
All right.
During all of this time
can you tell this court
and the jury
whether you were either
angered or irritated
with Emily
because of the so-called
burdens you'd been receiving?
No. Never.
I loved her very much
and we were two
rather different people.
You know, I was
a professional scientist
and she was a fine lady.
But kind of like two adjacent
pieces in the jigsaw puzzle.
They don't look alike,
but they sure fit together.
And this is a mutual thing.
No, I never felt
angry with her.
We would argue about how
to raise a daughter
or how to play bridge,
but, you know, superficial
things, but never in anger.
And now, Ros, we come to that
Monday morning, March 4th,
that fatal day.
Now after you took
Emily to lunch,
what did you do?
We came back
and I took Emily upstairs.
But I said, "Emily, now
I have to go down to
a short meeting downstairs.
"I'll be back in ten
or fifteen minutes."
She said, "All right."
She heard me.
And so I went down.
The next thing you heard
the testimony about.
I took her upstairs.
Sure, I know
I was breaking the law.
But there seems to be things
more important than the law.
At least to me
in my private tragedy.
So it's murder.
So what?
[CROWD MURMURING]
Thank you. You may inquire.
Mr. Hancock.
HANCOCK: Thank you,
Your Honor.
If it please the court.
Now, Mr. Gilbert,
you're an engineer.
I've been told so, yes.
And you've always
made decisions,
isn't that a fair statement?
I've had to be decisive, yes.
And, in fact,
you're not really an
emotional person, are you?
I found out recently
that's not exactly so,
but go ahead.
Let me ask you this.
You told John Klinker
that you knew it was wrong
and it was against the law,
didn't you?
Wrong or against the law?
Did you tell
the detectives, anyone,
that you knew
what you had done
was against the law?
Oh, against the law.
Yes, I agree to that.
And in fact you agree
with that today.
If I said it, I said it,
and I meant it. Yes.
Now you told
the detective
that you had never discussed
with Emily about shooting her.
Isn't that a fair statement?
No, never, never.
In fact, that's why you
basically kind of came up
from behind her.
Isn't that
a correct statement?
Naturally. I don't want her
looking down the muzzle
of the gun when I do it, no.
I came up
alongside her, yes.
But there's no question
that when you went
and got that gun,
which is your gun,
you went and got that gun,
you went back there
to shoot her.
Isn't that correct?
No question about that?
Yeah. I went and loaded it.
I came back and shot her.
That's a fact.
Right. And it's a fact
that you intended
to shoot her.
That's a fact,
isn't that correct?
For a fraction
of a minute, yes.
Then you went back
and you had to put
another bullet
back in the gun and then
you had to go back and
then you shot her again.
That's right.Isn't that correct?
That's right.
And at that time
there is no question
that you intended to shoot
her at that time, is there?
Certainly no question.
No question whatever.
I shot her, yes.
[PEOPLE MURMURING]
Thank you, Your Honor.
JUDGE: The jury has arrived
at a verdict?
CLERK: They have,
Your Honor.
Please bring
in the jury.
Ladies and gentlemen
of the jury, you have
arrived at a verdict?
Yes, sir.
Please pass
the verdict to the clerk.
The clerk will publish
the verdict.
CLERK: "The State of Florida,
plaintiff, versus Roswell Ward
Gilbert, defendant.
"Verdict. We the jury, find
as follows as to
the defendant in this case.
"The defendant is guilty
of murder in the first
degree as charged
"in the indictment."
Oh, my God,
they're killing my father!
CLERK: "So say we all, signed
Sylvia D. Firestone,
"Foreman, date May 9, 1985."
[PEOPLE CHATTERING]
Let's have a little
order, please.
JUDGE: Will the
defendant please rise?
Roswell Ward Gilbert,
you having been found guilty
by a jury of your peers
of murder in the first degree,
I do hereby adjudge you
to be guilty.
The bailiff will take
the fingerprints.
Ladies and gentlemen,
under the law,
when a person is convicted
of a felony,
it's required that
that individual
be fingerprinted
in the presence of the court
and the presence of the jury.
Now that is the procedure
that you're witnessing
at this moment.
This completes
your jury service.
Now I'd like you to go out
this way with
the court deputy.
Roswell Ward Gilbert,
would you please
approach the bench?
It is the judgment
of the court
and the sentence
of the law,
that you be committed into
the custody of
the Director of the Division
of Corrections
of the State of Florida.
By him, confined in
an institution
designed by him,
for the rest of
your natural life.
WOMAN: Oh, no!
There will be a mandatory
minimum of 25 years
before you'll be considered
eligible for parole.
I will say this to you, sir,
you do have a right to appeal
from this judgment
and sentence.
Your Honor, may I renew
my motion to have him
at liberty on his own
recognizance.
I've sentenced him.
I can't release him.
I will not release him.
Take it easy on that old man.
He's not going anywhere.
Mrs. Firestone,
can you tell us what
the discussions were like
inside the jury room?
Well, nobody felt that it
was a mercy killing.
There was no evidence
to indicate that
she was terminal.
My mother suffered with
Alzheimer's disease and
I have osteoporosis.
My function has
not been affected.
What was the effect
of his testimony on the jury?
The jury felt that
he was very arrogant.
Had he broken down
on the stand,
would that have affected
your decision differently?
There is a remote possibility.
The second shot really was
the decisive factor
of premeditation.
Another thing the jury talked
about, there are a lot
of elderly people,
senior citizens in Florida.
You just can't give them
a license to remove a husband
or a wife that's in their way.
You just can't do that.
[REPORTERS CLAMORING]
Oh, hey...
Hello, Joe.Hi.
Good to see you.Yeah, yeah.
You care for anything?
Uh, no, no, thanks.
Well, how you doing?
Oh, not too bad.
Everybody calls me
Mr. Gilbert.
Tell me that I shouldn't
be in here with
the likes of them.
That so, yeah?
No, I need that.
I used to think I was
independent as a hog
on ice, but I'm not, no.
No, they've been very nice,
all of them.
The staff and everybody.
They... Very nice.
I need that.
Mmm-hmm.
Uh, what about
the clemency hearing?
Yeah, that's what
I came to talk to you about.
What happened?
[SIGHING]
No go?
No go.Well, why?
The governor was all for it.
He needed three signatures
from his cabinet.
He could only get two.
Two out of six?
Well, it's an election
year, yeah.
Why don't we sit down? Huh?
I really blew it
on that stand,
didn't I, Joe?
You sure did.
I blew it.
Yeah, you blew it.
I wanted to get up there
and tell it like it was.
They thought
I was cold, emotionless.
Hell, I was
tearing up inside.
Yeah. Well, it's
the saddest case in my life.
And unless we have
a new trial,
it's my last case.
How come?
Well, this is the case
that's making old Joe retire.
[LAUGHS]
You serious?
Oh, I'm thoroughly
disenchanted with
the system here.
And I don't have
to tell you, the law,
improperly applied,
can be painful.
I don't need the practice.
I've got plenty of money.
I'm independently wealthy.
But cases like yours,
they can make me sick.
Well, I'm sorry, Joe.
I'll tell you one thing.
I'd love to
go to trial again.
But if we do...
You're gonna listen to me,
you old bastard!
You're gonna do it
the way I tell you.
I don't care whether
school keeps or not.
You're gonna do it my way,
and you are gonna
let everything out!
Well, if there is a next time,
I'll listen to you.
You'll listen to me.
But that won't
change things, Joe.
I still have to be honest.
It's not how I say it,
it's what I say, I guess.
Remorse? No, I don't
feel any remorse.
I have none.
All I have to do is sit
and think about my wife,
and what I did to her.
And sure, I start to get
teary because...
I miss her.
I loved her, Joe.
But she was getting to be
a suffering animal,
crying out my name
all the time.
I think the law is bad.
I certainly hope
they legalize euthanasia.
It's a right to die
just as strong to me
as a right to live.
All I...
All I have to do
is ask myself,
"What else could I have done?"
I don't have any other answer.
Do you?