Law & Order (1990–2010): Season 5, Episode 2 - Law & Order - full transcript

When a woman is shot inside her car, Briscoe and Logan suspect her husband is the killer. A bullet still lodged in the victim's head will prove or disprove her husband's guilt and McCoy and Kincaid weigh the risk of obtaining this crucial evidence at the expense of possibly killing the victim.

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NARRATOR: In the
criminal justice system

the people are represented by two
separate yet equally important groups,

the police who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

If you would come home
when you said you would...

Oh, it's my fault the
train broke down?

Well, you know I don't
like to walk her by myself.

I'll tell Amtrak. Look, next
time you get to clean the rug.

Will. Look at him
check those cars.

He's not doing anything.



How many times are we gonna
let these punks steal our radios?

Well, what're you gonna
do, sic lamb chop on him?

Come on, honey, he could be dangerous.
We shouldn't have to live like...

(GLASS SHATTERING)

That's it. Call 911. Hey!

(DIALING PHONE)

I mean, look at this.

Oh, my God!

(WOMAN GASPING)

(SIRENS WAILING)

So no ID? Blonde, maybe 35.

We ran the plates. Car's registered to
Dobson Enterprises, whatever that is.

How bad was she? Alive. Barely.

Paramedics said a bullet went
into her head and didn't come out.



That's him! That's the man!

Spotted him running
across Broadway.

Three Blaupunkts
and a Delco in his bag.

You know what car radio
thieves call this street?

Audio Warehouse.

MONTERO: No gun, though.

Well, we'll organize a
search from here to Broadway.

Yo, I didn't shoot nobody.
There was no shot.

Well, maybe you
just didn't hear it.

No, it was quiet. I
would've heard it.

JEROME: Man, the lady
was bagged when I got here.

Yeah? She break the window,
too? Maybe the guy that done her.

One of those
carjackers. Take him in.

JEROME: What's
up? For the radios.

First the shooter,
then this guy.

People were lining
up to get to this lady.

If she was shot in a
safer neighborhood,

we wouldn't have
found her till tomorrow.

DAVID: The bullet
entered two inches from

the eye, tore through
the left frontal lobe,

ricocheted off the back of the
skull down through the occipital lobe.

Ended up in the cerebellum.

Is there any chance
we'll be able to talk to her?

She's breathing, but
cortical function is limited.

On the Glasgow Coma
Scale she scores a four.

And that's not good? That
lamp would score a three.

There's a call for
Detective Briscoe.

There are also
abrasions on her neck.

Is that consistent with
having a necklace ripped off?

I'd say so.

What about those
bruises there? Old ones.

How old? I'm not sure.
They were healing.

They tracked the owner of
the car. Mr. Michael Dobson.

Let's go tell him how
she saved his radio.

Thanks, Doc.

SUSANNAH: Well, how
do I know you're the police?

(SIREN WAILING)

(HORNS HONKING)

Higher.

(GATE BUZZING)

I'm sorry, but I'm taking
care of two kids here.

You the babysitter?
Yeah. Part-time.

Did... Did something happen? Well,
I'm afraid there's been an accident.

Who's she? Mrs. Dobson.

Yeah, and that's Mr. Dobson
and Jessica and Jeremy.

Did... Did something
happen to her?

We're gonna need to
speak to Mr. Dobson, honey.

Do you know where he is?

He... He's at Ha-Ha. Ha-Ha?

It's the comedy club. He
owns it. He works nights.

So the guy's 102 and the
wife is 98 and the attorney says,

"If you both, you know, hated
each other this much for so long,

"you know, why'd you wait
till now to get a divorce?"

And the wife says, "We were
waiting for the kids to die. You see."

Two, three, four.

Oh! Look it here. It's always nice
to see the bridge-and-tunnel crowd.

Tell me guys, does
Ward Cleaver know

that you've borrowed
his sports jackets?

Lucky for this guy the
audience isn't armed.

I told you 20 times, these jerks
get one drink before they go on.

One free drink.
One drink, period.

Now, if you can't remember that,

I'm gonna have to get
someone who speaks English.

Mr. Dobson? What?

I'm Detective Logan.
This is Detective Briscoe.

(EXCLAIMING)

Well, if you've got an act, you're
too late. It's about your wife, sir.

I'm afraid she's
been shot. What?

We think it happened
during a robbery.

How... How is she? She's
alive, but it's very serious.

Oh, God. I told her it was too
dangerous to be working at night.

She was working? Some
half-assed newspaper.

Where is she? Manhattan General.

I've gotta call the babysitter.
Give me the phone!

I hope Sandra makes it back.

She's the only adult on
my staff who can do the job.

Present company excepted,
of course. I own the paper.

Everybody else is
kids on their way up,

who want to turn every human
interest story into Watergate,

or old-timers who couldn't
make it in the big leagues.

But Mrs. Dobson could?

Masters in Journalism from Columbia,
two years on the Fairfield Ledger.

Very strong clips.

No offense meant, but
what's she doing here?

Because I have the good fortune
of being a stop on the mommy track.

When Sandra had kids,
she didn't try and have it all.

She stayed home for seven years.

I guess she missed
her career, huh?

Enough to come back as one
of my neighborhood columnists.

A few hours a week,
her choice of which hours.

The Times isn't so flexible.

Which part of the neighborhood
was she in last night?

Tribeca. Citizens
advisory board meeting.

She took a thermos
of strong coffee.

How late was she
there? Not very.

She told me she was going to
see somebody on Riverside Drive.

So Mrs. Dobson worked
part-time for the Westside Sentinel.

She was covering a community
board meeting that ended at 9:00,

we found her at midnight. Anything
exciting happen at the meeting?

They voted to spend
400 bucks on guard rails.

Yeah, to keep the dogs
from pooping on the trees.

We're working on carjackers.

You know, who likes BMWs,
who likes to work Riverside Drive...

Who uses a gun.

Yeah, well, I think we
ought to look a little wider.

BRISCOE: At what,
angry dogs? No.

Mr. Dobson. Mrs. Dobson
had a few old bruises.

It looks like a carjacking.

If it's a carjacking, how come
the shooter didn't take the car?

He forgot or he just
can't drive a stick?

Go see what Forensics
got from the vehicle.

Gunpowder residue on the headrest. A
half-circle. The other half's on her head.

So she was shot at close range.

Where were the keys?
On the floor. There.

Like she dropped them when
someone stuck a gun in her face.

So she's sitting in the
car with the door open...

Or she opens the door, she gets
in, she starts to close the door...

Somebody comes along, bang.

Why? I don't know.

She resisted, his finger
slipped, maybe he's a psycho.

Not so psycho he didn't grab
the purse, grab her jewelry.

Isn't anybody gonna
ask me about fingerprints?

Lean in, pull off my
jewelry. Come on.

See? Where your hand is.

We got a backward-facing,
left-hand palm print and partial thumb.

Michael Dobson, the husband.

What, you just happen to have his
fingerprints on hand for comparison?

No.

I had them pulled off his
liquor license application

and sent over just for fun.

Look, he owns the car. He
could've been in it every day.

Then his prints would be on the
dashboard, the steering wheel.

They're not.

Just this.

Now either the guy did a
handstand on the armrest,

or he leaned in to
pull something out.

So what? Maybe he reached
in for groceries, for a joke book.

What, and there'd
be no other prints?

Well, maybe she got the car
washed and they missed the seats.

Kiss me. Mrs. Dobson's purse. Fresh
out of a garbage can on 96th Street.

No money, no credit cards.

Eye drops, lipstick,
notebook, comb...

Well, it's her notes on
the dog poop debate.

Page headed "Boxes?" with a question
mark and then a list of bank branches.

So she was looking to
rent a safe deposit box?

The branches are all on the East
Side. Nowhere near her apartment.

Yeah, but they are
near her husband's club.

Well, maybe she was gonna
rent a box for her husband.

More likely looking for a
box rented by her husband.

You own a cash business
like a comedy club,

maybe you skim off some
cash, hide it from the IRS.

BRISCOE: Or from his wife.

And if she suspected and
was thinking about divorce,

she'd want to track
down where that box is

before she serves
him with the papers.

Otherwise she can
kiss that cash goodbye.

Speaking of divorce...

Yeah, how were the
Dobsons getting along?

I'd be waiting outside
their front door sometimes,

and I would hear him
screaming like a lunatic.

And... And then he would come to the
door and he would be, like, all smiles.

Just a little tension
in the air, huh?

It was like Masterpiece Theater.
You know, everyone was so polite.

So they were putting on a
good face for the hired help?

Well, for the children. Both
of them love the kids a lot.

Anything special
happen last night?

Jessica was upset
when I got there.

She wouldn't eat
any of her Jell-O,

and I always give
her Jell-O before bed.

What was she upset about? Well,
she said she had a tummy ache.

How about Mom and Dad?
How were they feeling?

He wasn't there, actually. And she
just said she was going to a meeting.

And then at about
9:00, she called

and she said she'd be at her
sister's if I needed anything.

This sister, she lives on
Riverside Drive, doesn't she?

I... I think so.

And... And then at about 10:00,

Mr. Dobson called

and he wanted to know if his
wife was home yet, and I said,

"No, she's at her sister's,"
and he just hung up.

She left my apartment about 11:00.
I should have walked her to the car.

I watched her from the window,
but there was a tree in the way.

Did you see anyone else on
the street besides your sister?

There was a man in a white
jacket on the other sidewalk.

Did you get a look
at his face? No.

Race? Age? Height?
Anything? I'm sorry.

And you didn't hear a gunshot?

I went into the bedroom
and turned on the television.

The doctor said she might not ever
wake up. The bullet's still inside her.

Ma'am...

I'm gonna ask you to be
as honest as you can be.

How were things going
in your sister's marriage?

What does that matter?

Well, in a case like this,
we have to be very thorough.

But if it was a mugger...

It wasn't a mugger, was it?

He hit her.

She wanted a divorce, but
she was afraid. Afraid of him?

He told he'd fight her for the children.
He had some money hidden somewhere.

He said he'd spend
all of it on the lawyers.

He said she was a bad mother
because she worked a few hours a week.

Nobody loved their
children more than Sandy.

You ever see him hit her?
She never told me, but I knew it.

How many times can you
accidentally walk into a door?

I got a couple of new
questions for Mr. Dobson.

Yeah, I guess it's about time.

What, are you afraid
of hurting his feelings?

Hey, maybe he shot his
wife, but it's just possible

he's just a grieving husband whose
wife was shot by somebody else.

If he's grieving so much, how
come he ain't at the hospital?

He doesn't like doctors?
Let's see how he likes cops.

Watch he doesn't
eat the crayons, huh?

Did you find out
who shot my wife?

No, but we did find that you've
been a little less than honest with us

about last night.

Excuse me?

Well, you told us
your wife was working,

but you didn't say that
she was visiting her sister.

What does it matter
who she was visiting

before she got shot by
some scum on the street?

Yeah, but you also didn't tell us
that your wife wanted a divorce.

(LAUGHING)

Did her sister tell you that?
She's not exactly my biggest fan.

Oh, so everything's been perfect
between you and Mrs. Dobson, huh?

No, everything's normal.

This is a marriage, not a
Barney the Dinosaur song.

We've had our differences.

Like about her working? Yes.
The children need her at home.

Oh, so you thought you'd convince
her to stay home by slugging her?

You guys got the full party
line, didn't you? LOGAN: Yeah.

We saw the bruises
on your wife's body.

You know something?

I don't need you to tell
me I'm a son of a bitch.

Been one for a long time.

I like it, the hours are good

and there's no heavy lifting.

But I happen to
be a son of a bitch

whose wife was shot by
some other son of a bitch.

Mr. Dobson, where were
you at 11:00 last night?

At my club,
listening to bad jokes.

He's here every night.

Has to make sure I don't pour a
drink with an extra millionth of an ounce.

Last night, was he
wearing a white jacket?

Tweed. His Prince Charles look.

And he was here all night?
Most of the time out here.

Part of the time in
his office, thank God.

You happen to know
when he went into his office?

Off and on. Once right after he called
home from the bar. Asked for his wife.

I don't think she was
there. He got upset.

And where is this office?

Through that curtain, then
the first door on the left.

Well, I guess
this is his office.

And I guess that's an exit.

Well, well, well.

Mr. Dobson could've slipped out
anytime he wanted without saying goodbye.

Yeah, except to his alibi.

Mr. Dobson's the owner of a
registered .32 caliber Seecamp.

Nice gun.

Yeah, and nobody can place him in
his club at the time of the shooting.

No one places him on
Riverside Drive, either.

The sister saw a
man in a white jacket.

You said Dobson
was wearing tweed.

No, the bartender said.

When we saw him he
wasn't wearing a jacket.

Now, why do you think
he took it off? It was hot?

Or splattered with brains.

Tell me the motive again.

How about, she was gonna divorce
him, grab the money, and take his kids?

But did he know that?

She was looking
for a safe deposit box

so she could slap
a court order on it

when she served
the divorce papers.

The whole point of that
exercise, to take it by surprise.

(SIREN WAILING)

Hey, I open an account over there,
I get free checking and a toaster.

A two-slice or a
four-slice? Four-slice.

And if I deposit 50
grand, I get a VCR.

Hey, if you deposit 50 grand,
I'm calling Internal Affairs.

You get anything? No,
nobody remembers her.

Yeah. I found two places she
went into with a cock-and-bull story

about her husband's safe deposit
box, only he didn't have one.

I had a safe deposit box
once. I gave it up. Why?

After my second divorce I didn't
have anything worth putting in it.

Let's see how her
story plays over here.

She came in, she said
she wanted to rent a box,

and she wanted to know if
I could give her a discount

since her husband had already
had a box here. Or she thought he did.

She seemed to be
fishing for that information?

I just told her she was
right and she was wrong.

Her husband did have a box here,
but I couldn't give her a discount.

I bet she walked out of here
whistling. I wouldn't think so.

But later, when I
talked to the manager,

he said that since Mr. Dobson
was such a good customer

Mrs. Dobson could have
15% off, so I phoned her.

And what did she say? She
wasn't home. I talked to Mr. Dobson.

What did he say? Nothing really.

Either then or
when I saw him later.

He was in that afternoon,
and he asked to see his box.

He had a small suitcase with
him. I don't think I've seen him since.

CLAIRE: So he knew?

Hey, he hears his old lady's
sniffing around his safe deposit box,

he breaks the four-minute mile
getting to the bank to clear it out.

Okay, right.

But once he's buried the
money where she'll never find it,

his motive to kill
her goes away.

Well, how about the
children? He can't bury them.

He told her he'd fight
for custody and win.

Now, she believed
it, maybe he did, too.

Well, he's gotta know that
family court judges favor mothers.

Besides, this guy's
been lying to us all along.

It's not enough for an arrest.
Well, how about a search warrant?

I'll go see Judge Walther.

Problems with their
marriage, Miss Kincaid?

You're arguing that's
probable cause for a warrant?

In conjunction with the other
evidence uncovered by the officers, yes.

If I allowed the police to
search the home of every man

who owns a gun, hides money from
his wife, and doesn't love her anymore,

there'd be a line
around this courthouse.

Not all those men
hit their wives.

Mrs. Dobson told her
sister she was afraid.

So says the sister.

Your Honor may rely on
hearsay in support of the warrant.

This is double hearsay.
People v. Simon.

Probable cause can be
based on double hearsay.

If it is sufficiently reliable.

With all due respect, Your Honor,
should he receive the benefit of the doubt

because she can't tell you
herself how afraid she was?

Touché, Miss Kincaid. Just
what I would have argued.

(POLICE RADIO CHATTERING)

MICHAEL: What's going
on here? Stay there.

What the hell do you
think you're doing?

The search warrant's
on the coffee table.

You have no right to be doing
this. BRISCOE: Actually, we do.

With no notice, in
front of my children?

Mr. Dobson, why don't you just...
You are going to be very sorry.

Oh, really? Why? Are
you gonna use this on me?

That gun is registered.

I'd have brought it down if
you'd just asked me for it.

Do you own a white
jacket, Mr. Dobson?

What about this? Were you
wearing this the other night?

That's why you got
the search warrant?

Looks like you're taking it to the
cleaners. Can you tell me why?

Because it's dirty?
This is unbelievable.

Very practical. Tweed, it
conceals a multitude of sins.

Like attempted murder? Like
spilled gravy. Fresh. Smell.

Whole thing smells like chemicals
to me. It's phenolphthalein.

I'm sorry, I forgot.
I'm so used to it.

I used it to raise
the blood stains.

Type O. It matches
Mrs. Dobson's.

Yeah, and about 45%
of the general population.

Well, it is also EAP Type-B, which
matches 40% of the population,

and PGM Type-2, which
match 5% of the population.

So you multiply
0.45 x 0.40 x 0.05.

Now the blood in these stains
match less than 1% of the population.

So would that 1%
include Mrs. Dobson? Yes.

BRISCOE: We pulled your
phone records, Dobson.

We know you called
two divorce lawyers

the day you cleaned
out your safe deposit box.

It's a crime to call a lawyer?

Well, you told us you
weren't thinking divorce.

You already had the wrong idea.

I didn't want to
confuse you further.

Michael, I think we
should listen here, not talk.

I'll handle this, Max.

Both divorce lawyers told me I could
get out of the marriage on my terms.

Well, was one of the terms

your wife bleeding on the jacket you
were wearing the night she was shot?

Again with the jacket. I haven't
cleaned that jacket in months.

My wife fell off a bicycle last
spring at our country house.

I helped her up. She fell
or you knocked her down?

Okay, let's say I knocked her
down. What if I punched her?

Does that account for your
bloodstain? Can I go now?

You want to tell us again why
nobody saw you in your club

around the time your wife was
shot? Come on, Dobson, the place...

If he gave her a bloody
nose six months ago,

we can't tie the
bloodstain to the shooting.

So he gets away with attempted
murder because he's a wife beater?

What a smug bastard. Don't you want
to lock him up just on general principles?

Yeah.

The blood, the prints, no
alibi, past abuse, the gun,

the divorce, the safe deposit
box, and his personality.

That's enough for a grand jury,

and it might shake Mr. Dobson up

if we put someone in
control of him for awhile.

Yes, ma'am.

MICHAEL: Let's go. This
is getting monotonous.

Michael Dobson,
you're under arrest

for the attempted
murder of Sandra Dobson.

You have the right
to remain silent.

Anything you say can and will be
used against you in a court of law.

"Docket number 64029.
People v. Michael Dobson.

"Attempted murder in
the Second Degree."

JUDGE BERMAN: How
does he plead? Not guilty.

The People request bail in the amount
of one million dollars, Your Honor.

That is clearly punitive. Mr. Dobson
owns a business in New York.

He has children.

And the woman he
intended to kill is here. Alive.

The People believe Mr. Dobson
remains a threat to her.

Have I been convicted
of something?

No, sir, but we'd like
to see you for your trial.

500,000 cash or bond.

I've seen stronger cases.

Hey, if the guy had shot her
in Times Square at rush hour,

we'd have brought
you a stronger case.

No witnesses?

We canvassed that neighborhood
three times. No one saw Dobson.

And we're working on
the taxi records now,

in case he took a cab
there from his club.

JACK: No shell casings?

Dobson's gun is an
automatic, isn't it?

Well, he's no dummy.
Maybe he picked it up.

He could've picked it up. That'll
go over well in cross-examination.

You didn't talk to Dobson's
daughter? The seven-year-old?

The babysitter said that she
was upset the night of the shooting.

Before the shooting.

The babysitter said she had a
stomachache, and we had other things to do.

Like establish Dobson's
motive and destroy his alibi.

You couldn't go back later and
find out why she had a stomachache?

LOGAN: You think you know
so much about being a cop?

Why don't you do the investigating?
Are you giving me attitude?

My father was a
cop for 31 years,

and he would never leave a
DA twisting with a half-made case

and ask him to
get an indictment.

Give me a break. You could
get a ham sandwich indicted.

That might be easier. There's
meat on a ham sandwich.

We'll go see the kid.

JACK: Just the
taxi records, please.

I think Claire will
be fine with the kid.

I've given the children the
bedroom. The couch pulls out.

I'd really like to speak with
Jessica. Well, can't it wait?

All she knows is that her mother is
sick. She should be asleep by now.

Aunt Kathleen? Oh,
what is it, honey?

Jeremy's having
a nightmare again.

Well, I'll look in
on him in a minute.

This is Miss Kincaid,
honey. Claire.

She's a friend of your Mommy's.
She wants to ask you a question.

CLAIRE: It's about the
night your mom got sick.

Your babysitter, Susannah, said
you were unhappy about something.

What was it, Jessica?

It's okay, honey. Mommy
said it was okay to say.

Mommy and Daddy had a fight.

Do you remember what they said?

Why can't I see Mommy? Oh.

Do you remember what
the fight was about, honey?

Daddy didn't want her to go out.

What did he say?

He was angry, like when
we do something wrong.

Does he get angry at you, honey?

Does he ever hurt you?

(KNOCKING ON DOOR)

KATHLEEN: Michael...
MICHAEL: Get out of my way.

Hey... Daddy!

Okay, honey, get your brother.

KATHLEEN: What are you
doing here? It's called bail.

I'm sure Miss Kincaid
can explain it to you.

You're not taking these children.
Oh, yes, I am. Jessica, now!

Okay. Hey, come
here, big guy. All righty.

Stop him. I'm their
father. You just try it.

How can you let him get away
with this? There's nothing I can do.

Is this how you win a custody battle?
Just shoot the children's mother?

God.

He shot my sister. God only knows
what he might do to the children.

CLAIRE: I checked with
their doctor and local hospitals.

There have been no reports
suggestive of child abuse.

Did you ever see him
abusing the children?

Did your sister ever tell
you that he abused them?

He shot their mother.
Isn't that abuse?

Legally? No.

There was a case
called O'Guin v. Pikul.

In it, the judge ruled that a father
has a right to keep his own children.

That he strangled
his wife was irrelevant.

If we had evidence your
brother-in-law I left Jessica and Jeremy

alone for ten minutes while
he went out to buy a newspaper,

that would demonstrate
unfitness as a parent.

And trying to kill their mother?

Not unless he did it
in front of the children.

Miss O'Brien is
unhappy with the law.

Another satisfied customer. She's
petitioning for custody anyway.

She'll lose.

Well, what if we intervene
on her side? In civil court?

We have a witness to
protect from undue influence.

Some witness. A seven-year-old
who loves her father,

and overheard an adult conversation
that she may or may not have understood.

She heard her father arguing with her
mother a few hours before she was shot.

And I'm sure her father has already
persuaded her to remember it differently.

Want to try to turn the
law around? Be my guest.

Just don't complain to
me you're overworked.

Miss Kincaid, I'm sure that Miss O'Brien's
counsel is fully capable of arguing

her claim of custody
to these children.

He is, Your Honor.

But the People have a separate interest
here relating to a criminal prosecution.

A prosecution that has no
bearing on this preceding.

The People intend to call
Jessica Dobson as a witness.

Her testimony may be contaminated if
she continues to reside with the defendant.

A suitable home with Miss
O'Brien is available until the trial.

Your Honor, may I
speak, please? Briefly.

Jessica and Jeremy have been
with me every day of their lives.

We are a very close family.

To take them away from me
now, after they've lost their mother...

CLAIRE: Your Honor,
this is outrageous.

The People contend they only lost
their mother because he shot her.

Miss Kincaid.

To take them from me now
would be emotionally devastating.

I appeal to you as a father, please
let my children stay where they belong.

Your Honor.

Miss Kincaid, I have
interviewed the girl. Alone.

She seems genuinely
fond of her father.

That's not the immediate issue
here, begging the court's pardon.

You're forgiven.

I asked Jessica about the
night her mother was shot.

She says she remembers nothing.

She told me her parents argued.
That's not what she says now.

Because her father's manipulated
her. Or she's telling the truth.

Either way, Miss Kincaid,
it makes your motion moot.

You don't have much
of a witness there.

We'll proceed on Miss
O'Brien's petition for custody.

God. Her father got to her.

So let's get to him.

How? Did the police miss
something else? The bullet.

We haven't tried to
match it to Dobson's gun.

The bullet is inside
Mrs. Dobson's brain.

So let's get it out.

CLAIRE: The bullet's intact?
GEORGE: It seems to be.

And it's .32 caliber?
It seems to be.

You can't seriously expect us to dig
around next to a patient's brainstem

so you can run some tests?

What are you planning to do?

She's entered a vegetative
state, probably irreversible.

The bullet is blocking the flow of
spinal fluid, causing acute hydrocephalus.

So it might make sense
to remove the bullet.

It makes better sense to install a
shunt between the fourth ventricle

and the peritoneum, which
would allow the fluid to drain.

Well, if you're
operating anyway.

Removing the
bullet might help her.

But putting in a shunt is
a lot less likely to kill her.

Dobson had his
lawyer call the hospital.

He's given permission
for the shunt operation,

but refused it for the
removal of the bullet.

He said he's concerned
about his wife's well-being.

Like he was when he shot her.

Well, he might
be right this time.

Removing the
bullet is dangerous.

You said there was
no hope of recovery.

The doctor said it was
probably irreversible.

Removing the bullet increases
the chances of recovery.

It also increases
the chance of death.

Okay, three things can happen.

She gets better, she
stays the same, or she dies.

One out of three, she
dies? I don't like the odds.

Two out of three, she's no
worse off than she was before,

and we get crucial evidence.

I don't know.

We let her husband walk so she can
spend the rest of her life as a vegetable?

You think that's
the right thing to do?

I'll draft the motion.

WESTON: The law is explicit.

The state may not compel the removal
of alleged evidence from a person's body

if doing so creates a risk
of serious physical injury.

That law applies
to criminal suspects

who decline to give their
consent to the procedure.

Nothing prevents a victim
from consenting voluntarily.

As I understand it,
this particular victim

is incapable of
making a decision.

Exactly. Therefore, the only issue
here is who shall make it for her.

That's well established.
The next of kin, her husband.

Mr. Dobson has an insurmountable
conflict of interest here.

Miss O'Brien, the
victim's sister, does not.

Your Honor, Miss O'Brien has demonstrated
a clear animus toward Mr. Dobson.

JACK: But not
toward Mrs. Dobson.

She's a loving
and devoted sister,

who intends to be guided
by the victim's own wishes

as expressed in a living will
she prepared two years ago.

I've examined the document.

It asks that Mrs. Dobson not be
kept alive by mechanical means.

Now, is that the case here?

She's being fed through a
tube. She's breathing on her own.

All we ask is that someone
not accused of shooting her

be empowered to
make the decision.

That does seem reasonable.

The hospital will be notified
that for purposes of decisions

regarding Sandra
Dobson's medical care,

her sister shall be regarded
as de jure next of kin.

(GAVEL POUNDING)

Well, I understand
you've been promoted

from Assistant District
Attorney to supreme deity.

I'm not making the
decision. It's up to the sister.

Oh, you're just a casual bystander
who just happened to find himself arguing

against the husband's right
to manage his wife's life.

He does have a conflict
of interest. And you don't?

Isn't justice in Mrs. Dobson's
interest, too? I don't know the woman.

But she might be more
interested in staying alive.

(MACHINE BEEPING)

I'm ready. Where's the
paper? CLAIRE: Here.

I do not recommend this surgery.

Can you tell me my sister
will come back to me without it?

It's up to you.

Sandra Dobson died
on the operating table.

And?

They got the bullet. It
doesn't match Dobson's gun.

Claire...

Amend the indictment.

Murder two.

Congratulations on killing
my client's wife, Mr. McCoy.

Are you sure the murder charge doesn't
involve a little projection on your part?

Come on, Max. People v. Bonilla.

Even if the surgery was
ill-advised, which it wasn't,

the person who put her in
the hospital in the first place

is responsible for her death.

Yeah, but that's not Mr. Dobson.

Haven't you read your
own ballistics report?

Yes.

It says he didn't shoot her with the
gun the police found in his apartment.

Does your client
own any other guns?

Please. Time to cut your
losses, Jack. See you in court.

A second gun? They
have a country house.

Yeah, the house was searched.
What about the country?

Excuse me? The house
is in Dutchess County.

Have them check every gun
dealer within a 100-mile radius,

including Connecticut
and Massachusetts.

JACK: Where do you
work, Mr. Harding?

Jack's Sporting Goods,
Bridgeport, Connecticut.

Bridgeport? That's not too far
from the New York state line, is it?

We get some
customers from there.

Why would they
drive the extra miles?

Well, they could be sightseeing.

Or the gun laws. They're a little
tougher in New York than Connecticut.

Do you recognize the
defendant, Michael Dobson?

HARDING: He's been
in. JACK: Sightseeing?

Well, I don't know.
But he bought a gun.

Was it a .32 caliber Seecamp?
It was a .32, but not a Seecamp.

Are you sure about
that? It's my business.

He bought a Ruger
revolver, $298. Nice little gun.

JACK: No further questions.

Trying to find his safe
deposit box, that was my idea.

I read it in a magazine
and told Sandy.

After your sister had located her
husband's box, what did she do?

Nothing.

I told her it was time to
move, to file the papers,

but she was
terrified of Michael.

Move to strike, Your Honor.

Miss O'Brien is
not a mind-reader,

and anything her sister
told her is hearsay.

Your Honor, sisters
are certainly capable

of interpreting
each other's moods.

I'll allow that. But keep
Mrs. Dobson's words out of it.

How did your sister
act, Miss O'Brien?

If I mentioned Michael's name,
I could see her get all tight.

Ever since she
was a little girl,

she used to twirl her hair
when she would get upset.

A few months ago I noticed
she was pulling hairs out.

I showed her. After
that she wore her hair up.

When was the last time
you talked to Mr. Dobson?

After the custody hearing. I
wanted to visit the children.

You called him?

He told me if I tried to
see the children again,

he would make me regret it.

That I ought to know by now he
knew how to take care of people

who tried to take his
children away from him.

And you took that as a threat?
Of course. He shot my sister.

Move to strike. Non-responsive.

Sustained. Jury will disregard.

No further questions.

So you're saying
that despite the fact

your sister never took any
step toward getting a divorce,

you could tell that she wanted to
because she changed her hairstyle?

She told me she wanted
one. I see. Really?

Miss O'Brien, aren't you desperate
to see Mr. Dobson convicted

because you feel guilty? No.

Because, over his
objection, you ordered an

operation that led to
your sister's death?

The doctor said it might
relieve the pressure on her brain.

The doctors advised you
not to have the operation.

I couldn't let him get
away with it. I see.

Now as for this alleged threat.

Didn't Mr. Dobson merely ask to be allowed
to live in peace with his own children?

In peace? What did he do
to Jessica to make her lie?

Miss O'Brien... In front of
the baby he threatened Sandy

the same way he threatened me.

Miss O'Brien, that'll be
enough. They should know!

Impassioned relatives,
they do impress a jury.

The gun helps, too.

Suggesting the possibility
that Dobson shot her

without putting you to the trouble
of running another ballistics test,

unless you're unlucky
enough to find the gun.

If they find it, it will match.

Dobson's claiming it was
stolen a year ago. Convenient.

I think the jury
will see it that way.

(PHONE RINGING)

Yes?

Detective Logan. Urgent.

Yeah, he was picked up
with a knife in Alphabet City

after two drug tourists from
Jersey got stabbed last week.

So he spent the next
day at the One-Five,

he got shipped to Central Booking,
then Rikers, then he got lost for 48 hours

until somebody listened to
his story and mailed him here.

What's he looking
at, assault one?

He prefers the
climate downstate.

Who's out there, your boss?
Yeah. Hi, President Clinton.

Go ahead, tell it. You cut me
a little slack, I give you a killer.

Who we talking about, Joey?
Robin. Like Robin Williams, you know?

The guy is all the time
jokey. It's very annoying.

He one of your customers?

An acquaintance who likes to
ride downtown. Smack express.

When he's not doped
up he's a stick-up kid.

What, armed robberies? Yeah.

Couple of months ago, he
has this party at his place.

Heroin for him, beer for anybody
else who can climb the stairs.

Told me he was celebrating.

Told me he took off some lady
in Riverside Drive in a BMW.

That ring any bells with you?

Did you see any
of this lady's stuff?

Yeah, he's waving
around a purple scarf.

Told me he was gonna save it
for after his sex-change operation.

He was talking, like,
"Hello, Joseph." Annoying.

I don't believe this. It's
your call, Counselors.

She had on a beige dress. What
does it matter what she was wearing?

When your sister left here,
did she have any kind of scarf?

Yes. Silk. Mauve.

Oh, it wasn't with her clothes
at the hospital. Do you have it?

Mauve. That's
like purple, right?

Does Michael have it?

Does someone else have it?

We don't know that.

Oh, my God.

I killed Sandy for nothing.

Police! Open up!

(BABY CRYING)

You're gonna have to
knock louder than that.

A junkie named Robin? Not
anymore. He died Tuesday. Hepatitis.

These people don't
take care of themselves.

Is all this his stuff? Mmm-hmm.

What did he do, knock off a
video store? Well, he liked TV.

This is my Christmas tip.

The rest I don't even want to
touch. I'm getting it cleaned tomorrow.

Yeah, well, we get first dibs.

LOGAN: Look at this.

BRISCOE: What do you got there?

White jacket.

How exactly do
you get hepatitis?

He kept this nice
and clean. .32.

That's not a Ruger. No, Colt.

You don't think we're gonna
owe Dobson an apology, do you?

I hope Hallmark
makes the right card.

American Express and
Visa. Sandra Dobson.

"In the light of new information
developed by the police,

"the People withdraw the
charge against Michael Dobson."

The charge is dismissed.
Bail is exonerated.

You're free to go, sir. Thank
you, Your Honor. Thank you, Max.

I'm glad this is over. You're
still not worth the money.

No? Come on. Come
on, let's get a drink.

I've never been in this
situation. You'll get over it.

All's well that ends well, huh,
McCoy? I gotta pick up the kids now.

Oh, thanks to you, no alimony.

McCoy! You gotta see this.

I found the tape in
Robin's apartment.

It's a local cable
show. That's Robin.

And there's these cotton
balls at the top of the bottles,

and, like, you know, they're
really useful when you're shooting,

so it drove us nuts.
A junkie comedian?

Ever hear of Lennie Bruce? Nuts!

Should we save the cotton?

BRISCOE: Lennie Bruce never
shot anybody on Riverside Drive.

I mean, are we really quitting,
or should we save the cotton?

I've seen worse.
Wait. It gets better.

You've been great.

Thanks a lot. Yeah, beat
it. Don't worry about it.

Get out. Scram. I'll see
you all on Avenue C.

Right, yeah. Scram. Dobson.

Robin Wenner. Give him a
nice hand. Robin Wenner.

LOGAN: They taped the
show at his club a year ago.

Next up on Open Mike Live is...

The police checked
phone records,

Dobson's bank account,

the store where Robin
cashed his welfare checks.

They interviewed Dobson's friends,
Robin's friends, the people at the club.

They couldn't find
any other connection,

meeting, conversation between
Dobson and Robin. Nothing.

You think it's just a coincidence
the killer appeared at a club

owned by the victim's husband?

No.

But even if I could retry
him, I couldn't convict.

He didn't leave a trail.

Smart.

Lucky.

Or innocent.