Law & Order (1990–2010): Season 8, Episode 21 - Law & Order - full transcript

The pursuit of the death penalty for a police officer's killer who found religion in prison becomes a political football for the DA's office. Briscoe's daughter gets in trouble with the law.

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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.

Aw! Dogs.

My daughter wants
a golden retriever.

(LAUGHS) Maybe a stuffed one.

(GUNSHOT)

That a gun?

(DOG BARKING)



(BIRDS CAWING)

A lady and a man!
Somebody shot them!

QUINTANA: Parks Department guys
are pretty sure they only heard one shot.

Why all the troops up here?

There's her shield.
Must've been off duty.

Who put out the 10-13?

Does it matter?

Well, call it off. She
doesn't need an audience.

Name's Dana Flynn. EMS pronounced
her. Stabbed six or seven times.

The call said there
were two DOAs.

The second victim isn't dead.
He's male Hispanic, early 20s.

One shot to the head.
He's at Columbia.

She was stabbed and he was shot?

Well...



QUINTANA: There
are your weapons.

CURTIS: Nine millimeter.

Looks like department issue.

So she got off one
round. Good for her.

All right, make
yourselves useful.

I want a full
canvass of the park.

We lost one of ours.

Kid jumps Flynn, she badges him,

he starts to stab
her, she shoots him.

Maybe he'll kick, and
save everybody the trouble.

(BREATHING HEAVILY) A
robbery? In the middle of the day?

That's what we think.

Your wife did manage to
get out her service automatic

and fire off a shot,
and nail the guy.

Dead?

CURTIS: In critical.

FLYNN: Who is he?

Jesse Rosado. Early 20s.

You or your wife know him?

We don't know anybody like that.

Well, (CLEARING
THROAT) here's an inventory

of your wife's personal effects.

Now, if anything's missing...

Where's her crucifix?

The necklace I gave
her. She never takes it off.

Perp's still unconscious.
Doctors say touch and go.

We ran his sheet. A couple
of juvie arrests for robbery,

but nothing in the
past five or six years.

Back to his old habits?

Tough to figure. We
notified his family.

Guy has a job, a
steady girlfriend.

Maybe the job doesn't
pay for rollerblades.

A cop was killed
for a pair of skates?

BRISCOE: There's
missing jewelry.

Husband says Flynn
always wore a gold crucifix.

Nothing in Rosado's
pockets (PHONE RINGING)

except chewing gum
and a bus transfer.

Van Buren.

Thanks.

BRISCOE: What's up?

Judge dismissed my case.

Sorry to hear that.

What are you going to do?

Appeal.

So what are you waiting for?

I knew Dana from the
Academy. She was a good kid.

You two work together?

We pulled different
assignments after we graduated.

Always talked about
transferring to the same precinct.

CURTIS: Were you
together on Monday?

Tried to get the same days off.

We worked out together, then
Dana wanted me to take the bus,

go skating with her in the park.

If I'd only been with her.

Well, whoever killed her
might have killed you, too.

Word is you caught the guy.

We think it's him.

We can't find the necklace
Dana usually wore.

The gold cross? I think
she lost it in the gym.

Dana always took it off before
we went in the steam room.

When I left, she
was still looking for it.

So we don't know for sure
whether she left the gym

with the necklace on.

Come on, Loo, coma boy's on top
of her, she's got a knife in her gut.

Which has no prints.

Rosado wore gloves. Forensics
has Flynn's blood all over his pants.

They'll argue we have a suspect
out there with the robbery proceeds.

Look, nail it down.

If Rosado had an accomplice,
someone out there saw them together.

That bus transfer
in Rosado's pocket.

The M5.

Bus driver says
you're a regular.

I start work at 6:00 a.m. I take
the M5 home every afternoon.

You see these people on the bus?

She's the dead officer?
I don't recognize her.

Him neither.

You remember
anybody from the bus?

Just the people I
was sitting next to.

The old man who kept falling asleep
and laying his head on my shoulder.

The girl with the loud
music, she got off at 110th.

What she look like?

White girl, ring in her nose.

She had a barbed
wire tattoo on her neck,

and a leather jacket, I think.

Anything else?

I asked her what kind of
music she was listening to.

It was one of those homemade
tapes, DJ Freaky Techno Mix.

Had a good beat.

All right, thanks.

Tattoo girl could be a witness.

And a member of the
DJ Freaky fan club.

BRISCOE: DJ Freaky?

Over there.

Him? Mr. Freaky.

Am I that easy to find?

Music critic at the Ludlow Voice
said here, or at the compound.

BRISCOE: Actually, we're
looking for one of your fans.

I can't help you.

Fine. We'll just take
a couple of your tapes,

see whose samples
you're stealing.

What's he look like?

She. Blue-streaked
hair, eyebrow ring...

Sounds like a lot of girls.

BRISCOE: She
wears a leather jacket.

Tattoo on her neck.

She bought one of your
tapes, the techno mix.

Monica.

CURTIS: Where can we find her?

Come back tonight,
I spin a rave here.

Monica usually gets greased in.

I take it you got all that.

(TECHNO MUSIC PLAYING)

A few quick questions, and
you're back with your friends.

How am I gonna get back in?

Try paying this time.

You dragged me out. You pay.

Monday afternoon, Monica.
You were on the M5 uptown.

I don't take the bus.

Somebody we
talked to says you do.

Hey, we can always talk
about this down at the precinct.

(CLICKING TONGUE)

I forgot. I went to a store
on Broadway and 108th.

They got cool shoes.

That lady cop who got
killed, she was on your bus.

Maybe you saw something?

A cop got killed?

You see her on your bus?

Oh, yeah. She
got off at my stop.

BRISCOE: Anybody else get off?

(SIGHING) Yeah. There was this
Spanish guy with a North Face jacket.

This him?

I think so.

Yeah. He got off, followed her
right down the stairs into the park.

(CELL PHONE RINGING)

Give me your name,
address, and phone number.

Curtis. Yeah. What's up?

"Monica Summers"?

Yeah.

CURTIS: Yeah. Can I go now?

Bye.

Rosado just came to.

My client has no memory
of what happened.

There's a surprise.

If it's going to be this way,
you can just turn around.

He'll talk to us?

WILLIS: You up for it, Jesse?

Yeah, it's okay.

What happened, Mr. Rosado?

They say I got
shot robbing a cop.

I don't remember it.

What do you remember?

(BREATHING HEAVILY)

I took the bus
uptown, got off at 110,

saw the bus coming,

then nothing.

So the last thing you remember
is waiting for the crosstown?

Yeah, I swear.

That's enough for now.

We're gonna need
a fuller interview.

Maybe in a day or two.

So, he was waiting across
the street. It's a possible alibi.

He was there, Rey.

Let's talk to the
crosstown driver.

I tell you why I
remember the man.

Riverside's my first
stop on the West Side.

He was waiting
there, I pulled over...

(CELL PHONE RINGING)

Suddenly he turns
and starts running.

Curtis. Hold on. Detective
Mallory, Brooklyn Narcotics.

Yeah? So where
was he running to?

Toward the park. Like
something caught his attention.

Did you hear anything?

No. My bus is pretty loud.

So what did you do?

Closed up. Kept on going.

I got a schedule.

All right, thanks.

Everything okay, Lennie?

Yeah, fine. What did I miss?

Well, he corroborates Rosado.
Puts him at the crosstown bus stop.

Rosado hears something,
bolts into the park.

Well, didn't the girl say he
shadowed Flynn down the stairs?

The girl lied. She killed
Flynn. Rosado tried to stop her.

(BUS ENGINE STARTING)

Well, about six months ago,

Maimonides Hospital
noticed some script drugs

wandering away
from their dispensary.

So, we sent in one of our
undercovers as a nurse's aide.

How much did she sell?

Six hundred units of Demerol, 200 of
Dilaudid, and another 200 of Dexedrine.

That's B felony weight. She
could walk away with probation.

D.A. on the case
is a true believer.

Already spoke to her about
flipping on the guy she supplies.

Danny Jones.

Can I talk to her
alone? Yeah. Sure thing.

Lennie, look, she might have
some kind of problem herself.

Oh! Your weapon.

(DOOR LOCK CLANGING)

(PEOPLE CHATTERING DISTANTLY)

What are you doing here?

Detective Mallory called me.

I don't need you here,
Dad. I called a lawyer.

(SIGHING) Hey,
Cath, I want to help.

Did anybody call Martin?

We broke up about
eight months ago.

Yep. (CHUCKLES) It's
been a while. I'm sorry.

Are you on this stuff?
What are you taking?

(SIGHING) Speed,
okay. I'm not shooting it.

We can get you help for that.

(SCOFFS)

So, you already
talked to the D.A., right?

They want to get this guy Danny.

They said I'd do jail
time if I don't help.

Believe me, you're
not going to jail.

I can't rat on this guy,
Dad. He'll come after me.

I'll talk to the D.A.

Don't worry, honey.
It's all gonna be all right.

"Monica Johnson, a.k.a. Monica
Summers, a.k.a. Crystal Summers.

"And nine arrests. Assault,
attempted robbery, disorderly conduct."

We haven't even
seen her juvie sheet.

How old's this girl?

Depends at what birth
date you're looking at.

Mean statistical
average makes her 19.

You run down her addresses?

Profaci did. Most
of them are fictional.

What about that shoe store
she mentioned on 108th?

Check it out.

Hey, Lennie, how's
your daughter? Cathy?

(SIGHS) She got herself
jammed up real good.

You wouldn't happen to know an
A.D.A. named Kreiger over in Brooklyn?

Ugh. I know the name.

Look, if you need any time...

Thanks.

(SIGHS)

CURTIS: Do you
remember this girl?

Oh, yeah. She rob someone?

Well, something like that.

I'm not surprised.

She told us that she was
in here Monday afternoon.

We're closed Mondays.

She a regular customer?

She's been in here a few times.

I wouldn't call her a customer.

Window shopper?

More like a tryer-oner.

The one time she
bought a pair of boots,

her boyfriend returned
them an hour later.

You have his name and
address on the store credit?

I refunded cash
'cause I like the guy.

Isaac from Carmel
Hardware, down the block.

Trouble looking for
Monica. What else is new?

I mean, we broke up
a couple of weeks ago.

You're not giving
us the rope-a-dope?

Believe me, I wish
I could find her.

We talking about
the same Monica?

Well, she's a pretty
messed up girl.

Sounds like you
feel sorry for her.

Her mother was a
doper, just split one day.

Her father took it out on her.

She gets sucked in by gorillas.

One guy broke her front teeth.
She wears a plate, you know.

And you never lay
a hand on her, huh?

ISAAC: I tried to
teach her about respect.

Respect me, respect yourself.

No drugs. No alcohol.

So why did you two split up?

Couple of weeks ago,
my brother comes by,

rags on her, tells me
I should dump her.

She heard the whole
thing from the bedroom.

Next day, she's gone.

So is the $400 in my drawer.

She back on drugs?

I don't know.

When a few of her old
friends came by looking for her,

she ripped them off, too.

On top of all her other
accomplishments, Monica gets around.

Broken up with Isaac two
weeks, she's got a new boyfriend.

Things don't work out, sometimes

you go back to
the devil you know.

How about an old boyfriend?

She was arrested a few
times with a Louis Salvi.

Profaci ran his sheet. Salvi's
not the new man in her life.

He was arrested two weeks ago.

Judge set bail. He's on Rikers.

I just got out of jail, Ma.
Why'd you let the cops in?

They're not looking for you,
Louie. They have questions.

Oh, that's what they always say.

We wouldn't lie
to you, Mr. Salvi.

We're looking for
a friend of yours.

Why should I help you?

This is why you're
always in trouble!

Shut up, Ma! Go make coffee!

CURTIS: Monica Johnson.

LOUIS: Don't know her.

We looked at your surety
papers. She bailed you out.

CURTIS: Where is
she? I got no idea.

Is she the one that
marked up your face?

Yeah, she puts up a
grand so she could claw me.

If we put in a good word with
the D.A., could help your case.

BRISCOE: Maybe a bad word.

You're threatening me?

You catch on fast.

That's it. Why don't you
get the hell out of here?

Don't be rude, Louie.
Stay out of this, Ma!

Don't talk to me like
that. This is my house.

Pop pays for it.

The scratches on his face, the
night he got released, he used my car.

He stayed out all night.

He came back with those
marks... Shut the hell up, Ma!

You shut up, or I'll
scratch the other side.

Do you know where
he went, Mrs. Salvi?

Came home so
high he couldn't drive.

I took the subway
to pick the car up.

It was parked across
from a boarded-up building.

These people were hanging
around. Scariest place I ever saw.

I'll kill you, bitch! You come
back here one more time,

I'm gonna carve...
Get off her, Monica.

Get off me! Get off me!

Damn!

(MONICA SCREAMING)

Get off me! Right now!
BRISCOE: You all right, Rey?

Yeah. It's gonna take
a couple of stitches.

Ow! You're hurting me!

You try anything else cute,
and you're really gonna get hurt!

That's enough! What
the hell's going on?

Where are you
taking me? What the...

Get off me!

I said get off of me, you pig!

You've got one phone call
coming. You want it now?

Hey, she's talking to you.

You know, you're in a
lot of trouble, young lady.

For starters, attempted
assault on your friend.

I should've cut that bitch.

What did she do to you?

Hit on my boyfriend.
BRISCOE: Louie?

Yeah.

Is that why you went
after my detective?

I didn't know he was a cop.

That's crap.

That girl had me all bugging.
I didn't mean to cut him, okay?

Look, you don't have to keep me.

Well, you have a bigger problem
than what happened in that dump.

Now, you know what I'm
talking about, don't you, Monica?

What?

You killed a cop.

(LAUGHING) You're
out of your mind. I didn't...

Monday. Riverside Park. We
have witnesses who put you there.

It was that Spanish
dude I told you about.

The guy who tried to stop you?

The mayor's giving him a medal.

It wasn't me, man.
I was buying shoes.

The shoe store's closed
on Mondays, Monica.

You can't even
make up a good lie.

Well, screw you,
and your dead cop!

Just let me have 10
minutes with her, Lieutenant.

Oh, you couldn't last 10
minutes with me, old man.

Take a walk, Lennie.

(DOOR CLOSING)

You want to drop the gangster
girl routine for a minute?

You know, Monica,
I'm not stupid.

I'm sure you've
had a tough life.

That could work
in your favor now.

Maybe you didn't
see the officer's badge.

Look, talk to me, and this
doesn't go down so hard.

You know something, bitch? I
don't care how this goes down.

I beg your pardon?

You heard me,

bitch.

Oh, you want to
take me on, little girl?

Let me tell you something,

you'd better be packing
more than a dirty mouth.

(DOOR OPENING)

BRISCOE: Loo.

We found Rosado's blood on your
Walkman. Puts you right on the stairs.

You're under arrest for
the murder of Dana Flynn.

Arrest this, you
bastards! Damn it!

Take her out. You're
not gonna arrest... No!

You have the right
to remain silent.

Get off me!

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

I want a damn
lawyer! I want a lawyer!

You have a right to an attorney.

Murder one, two counts
assault, resisting arrest,

drug possession,
larceny. Some week.

Yeah. Girls just
want to have fun.

How's Rey?

Oh, he's doing pretty well
considering what happened.

He got a cut tendon,
took 18 stitches.

But he'll be back
in a couple of days.

There was blood on
the girl's walkman?

Yeah. Just from the good
Samaritan. Nothing from Officer Flynn.

"Ms. Johnson severed Officer
Flynn's carotid artery and aorta."

She must've been
swimming in blood.

Yeah. We haven't recovered
any bloody clothing or gloves.

You retraced her steps?

She's got a history with
Children's Services and Welfare.

Her social worker might
know where she hangs her hat.

I talked to the
A.D.A. in Brooklyn.

He's under a lot of
pressure to make drug cases.

He can't be seen
playing favorites.

So it's Cathy's bad luck that
she's the daughter of a white cop.

This A.D.A., can't you
scratch his back a little bit?

I offered to beg off on a couple of
cases with concurrent jurisdiction.

He turned me down. I got
nothing else to offer him.

He's a dog with a bone.

Yeah. The bone
happens to be my kid.

I know, Lennie. I'm sorry.

Thanks anyway.

(PHONE RINGING)

Yeah? I'll be right there.

ANDERTON: (ON TV) I have
been by Adam Schiff's side

through the best and
the worst of times,

and he has no greater
admirer or friend than me.

But old men like Adam and me,

we like to think
we're indispensable.

Here it comes.

God knows I'm not.

Neither is my friend Adam.

It's time for some new blood.
That's why I'm here today,

to welcome with you the next
District Attorney of New York County,

the Honorable
Judge Gary Feldman.

Thank you, thank you. And
thank you, Carl Anderton.

I intend to restore
honor and commitment

to the office of
District Attorney.

No more political ass-kissing.
That's right. You heard me.

I'm making a commitment
to the citizens of this county,

and I make a commitment to
the men and women in blue.

I will not tolerate criminals
killing police officers with impunity.

I say this here today, if
you take the life of a cop,

the State will take your life.
And that's the bottom line.

Thank you.

(GRUNTS)

How's the case against
Monica Johnson?

It's shaping up.

I should nail her to the wall.

(PEOPLE CHATTERING)

Some kids, by the time they hit
five, you know they're finished.

You can hug them
until your arms fall off,

won't make a damn
bit of difference.

You've been her
case worker that long?

Only since she turned 16.

But her and her sisters have been
foster home regulars since she was three.

She didn't give us
a current address.

She's had five in
the past two years.

The last one, January. A
nice couple in Tarrytown.

Monica trashed their collection
of glass miniatures before she left.

What about her sisters?

One lives with the
mother up near Albany.

The other's in the Tryon
Girls Center. There's a father.

Al Johnson, 413 East 12th.

Are they close?

He got close enough to
use her head to mop the floor

and stub cigarettes
out on her back.

Monica? What did she say I did?

It's not about what you did. Have
you seen her in the past two weeks?

Well, I'm gonna have to think
about that. You looking for her?

She's at Rikers.
She killed a cop.

No kidding. Come on in.

Hey, don't worry. I don't
hit women anymore.

I'm a recovering
domestic abuser.

I feel much better.
Just keep the door open.

(LAUGHS) Whatever. Yeah,
Monica was here a week ago, Monday.

Around 6:00.

Did you notice anything about
her clothing, maybe bloodstains?

No. She was freezing.
She didn't have no jacket,

no gloves. Gave her
one of my sweaters.

So what did she kill a cop for?

Robbery. Robbery?

There a reward?

COP-SHOT is offering $10,000.

(SNIFFS)

Monica had this cross,
you know, with a gold chain.

I bought it from her for
20 bucks and the sweater.

I gave it to my girlfriend.

We're going to need it.

Hey, wake up.

WOMAN: Hey, what are you doing?

JOHNSON: I need that.

No, it's mine. Hey, come on!

Shut up. You're gonna break it.

Hey! You're hurting me!

I said shut up! (SLAPPING)

(WOMAN GROANING)

Ten thousand bucks.

FLYNN: Yes, that's it.

The one I gave her.
When will I get it back?

Sometime after the trial.

This girl, did she say
anything about Dana?

About being sorry
she killed her?

No. Nothing like that.

I hope she burns in hell.

I called in every marker I had,

but this prosecutor won't budge.

Look, I talked to
Detective Mallory.

You're going to be covered
six ways from Sunday

when you go into
that guy's apartment.

It won't work. They
want me to wear a wire.

I can't do that. Danny
always checks me.

They won't make you wear a wire.

(SIGHING) I won't do it.

Kiddo, you don't
want to go to jail.

This isn't fair. My lawyer
said people like me,

first offense,
you get probation.

It's politics, Cath.

If I didn't wear the badge, they'd
probably cut you some slack.

Being your kid just doesn't
have an upside, does it?

Have you told your mom? Don't
worry. She'll probably blame me.

You going to the
treatment program?

Yeah. (SCOFFS) Carrying
on a family tradition.

Look, sweetheart, if I could
go through this instead of you...

Forget it. It's my fault for
thinking you could help me.

Just don't worry about it
anymore. It's my problem, okay?

Cath.

Johnson's lawyer is looking
for a plea. Murder two, 25-to-life.

Off the record, she'll take
murder one, life without parole.

You have a problem saying no?

We can prove murder.

It gets sticky proving
Johnson knew Flynn was a cop.

Her badge was in plain sight.

There's reasonable
doubt that Johnson saw it.

What about our good
Samaritan, Mr. Rosado?

JACK: His
recollection's still spotty.

By the time we go to trial,

he might remember if
Flynn identified herself.

Late trial date, stall
long as you can,

and keep walking
Mr. Rosado down memory lane.

While you were waiting for the M110
bus, what, if anything, happened?

I heard a woman
scream in the park.

I saw the girl from the bus.

JACK: The defendant? Yes.

She had a woman on the ground,

and she was stabbing her.

What did you do?

I tried to stop her.

I tried to pull her
off from the woman.

JACK: Did you see anything lying
on the ground next to the victim?

A badge. A cop's badge.

A badge like this one?

Yes. Are you sure?

Yeah. I couldn't help seeing
it. It was right next to her.

Thank you.

Mr. Rosado, do you remember
being shot in the head by Officer Flynn?

No. They told me I was.

Mmm-mmm.

There's a lot you don't remember
from that day, isn't that right, Jesse?

Your medical chart says, "Patient
suffers from post-traumatic amnesia,

"intermediate amnesia."

Yeah, yeah, that's what it says.

Did she shoot you in self-defense
because you were stabbing her?

I didn't stab her.

What color gloves was
Officer Flynn wearing?

I don't remember.

She was wearing bright
red and blue ski gloves.

Kind of hard to miss. But you
remember seeing a policeman's badge?

Yeah.

Was it to the right or
the left of Officer Flynn?

I'm not sure.

Was it turned upside
down or right side up?

(SIGHING)

Come on, Jesse, this is the
badge you couldn't help seeing.

Upside down or right side up?

I saw it.

The fact is, you didn't see
a badge, did you, Jesse?

Because the badge was planted after
the fact by the investigating officers.

Objection. Withdrawn.

Thank you, Jesse.
No more questions.

I was on the M5 bus,
and that guy that got shot,

he was standing next to me.

PETERSEN: Go on.

And I noticed that he had
a shaving cut on his neck.

And he bumped up against me,
he bumped up against my walkman.

What happened after that?

I got off the bus,

and I saw that guy.

What did he do?

He followed the
policewoman into the park,

and then I went to a shoe
store on 108th and Broadway,

but it was closed.

And later that day, did you
go back to that same bus stop?

I went through the park
first, and I found a necklace

with a gold cross on it.

I sold it to my dad.

Monica.

Did you kill Officer Flynn?

No.

Please show us on this diagram

exactly where you
found the necklace.

I can't tell from that.

Which path were you on?

Was it this one? Or this one?

I don't know.

Ever seen this knife before?

I'm not sure.

You might've seen it?

I don't know.

We heard testimony
from people who saw you

with a knife just like this one

in the days before Officer
Flynn was murdered.

Did you ever own
a knife like this?

(BREATHING HEAVILY)

Yes.

Where is that knife now?

(MUMBLING)

I don't know.

Did you lose it?

Ms. Johnson, please
answer his question.

No.

I want to say something.

This is my knife.

I killed that
policewoman with it.

Your Honor!

That's enough, Ms. Johnson.

I saw her badge,

but I didn't care.

I'm sorry.

Oh, God, I'm so sorry.

In my chambers.

Jury instructions aren't
enough, Your Honor.

You can't just unring the bell.

You have to declare a mistrial.

Because she freely confessed? He
took a flyer putting her on the stand.

He lost. Tough luck.

My client had a
mental breakdown.

Whatever she said
cannot be held against her.

She seemed lucid from
where I was sitting, Your Honor.

Ms. Johnson, how do you feel?

I'm okay. For the first
time I see things clear.

I don't want to lie anymore.

Your Honor, she cannot
diagnose her own...

Mr. Petersen, her
testimony stays in.

The jury can consider her
statements during the deliberations.

(SIGHS)

Will the defendant please stand?

On the first count
of the indictment,

murder in the first
degree, how do you find?

We find the defendant,
Monica Johnson, guilty.

So say you all?

Yes, Your Honor.

Remand continued.

Counselors, please pick a day next
week to begin the sentencing hearing.

(GAVEL POUNDS)

(INAUDlBLE)

Here's to the short, unhappy
life of Monica Johnson.

She might just save your
ass come election day,

assuming you have the
cojones to actually execute her.

Out of my hands
now. Up to the jury.

Already rehearsing
your apologia, huh?

Is that what you
wanted to talk about?

My campaign's having
a hard time getting

the usual people to
open their checkbooks.

I know.

They put their money
where you tell them to.

It's called the
democratic process.

Gary Feldman is a fool. He's
not worthy of your support.

He's not you, Adam. That
is good enough for me.

All because of your grandson?

Whatever gave you the idea
that the District Attorney's office

was your family law firm?

Whatever gave you
the idea it wasn't?

Gary Feldman
understands about loyalty.

You want to hurt this city
because of a personal grudge?

When you sent Terry to
that psychiatric hospital,

you put me in hell, Adam.

I'll never forgive you.

I did my job.

Remember what L.B.J. said when
they were hammering him about Vietnam?

Felt like a hitchhiker on a
highway in a Texas hailstorm.

Can't run, can't hide,
can't make it stop.

I'm putting you on
that highway, Adam.

If that Johnson girl doesn't
die, for whatever reason,

I'm gonna make sure that this
city takes out its vengeance on you.

You're desperate, Carl.

It's pitiful.

I know you're scared.

That is pitiful.

Stay. Finish your Scotch.

Good night.

Her little epiphany on the
stand might just keep her

out of the death chamber.

Any chance it
wasn't spontaneous?

It's a big risk
to sway the jury.

JACK: Or it was designed
to create an appealable issue.

Did it?

Because the judge
didn't grant a mistrial?

Jamie checked the case law.

Looks like clear sailing.

So her confession, expression of
remorse, could be the real thing?

If it is genuine, how hard do we
push to put a repentant killer to death?

She's a cop killer, people.
Can't be weak. Pedal to the metal.

We talked about
having kids all the time.

We were gonna start when Dana
was more established in her job.

Four. We wanted
four, maybe five.

Dana said that she'd imagine sitting
around the dinner table on Sunday,

seeing all the
happy little faces.

We had plans. We were
gonna grow old together.

I got nothing left now.

I want my wife back.

I want the life that we had.

Thank you, Mr. Flynn.

No more questions.

No questions here,
Your Honor. Thank you.

Mr. Flynn, you're excused.

The People have nothing
further, Your Honor.

Mr. Petersen, call
your first witness.

We have nothing
to offer, Your Honor.

JUDGE MIZENER: Mr. Foreman,

have you reached a unanimous
decision as to the sentence?

Yes, Your Honor.

Please go ahead.

We find the defendant,
Monica Johnson,

should be sentenced to death
as prescribed by Article 22-B

of the correction law of
the State of New York.

Yeah, I see. Thank you.

Feldman's people
sent out feelers.

He wants to debate
me on television.

A lot of good it did Nixon.

I just spoke to Monica
Johnson's attorney.

She's instructed him to take
no further action on her behalf.

She's not appealing
her conviction?

She's not even
appealing her sentence.

She waived all
her rights, in writing.

It's a straight
shot to the needle.

Are we being set up?

She gets executed.
What's the downside?

This woman may be suicidal.

Forget about the moral
issue of executing her.

How's this gonna sound
to the court of appeals?

Her lawyer could argue a stay
based on her inability to assist counsel.

Find out what she's up to.

Does your client understand the
ramifications of what she's doing?

Talk to her.

I made a motion to be
relieved as her counsel.

The whole thing is insane.

I know what's going to happen.

They're going to set a
date for my execution.

You can appeal.

Why should I
appeal? I got a fair trial.

You could just appeal
the death sentence.

I'm no better than
anyone else on death row.

If they spare me, they
should spare everybody.

The appeal process on a capital
case could take five or 10 years.

You could use that time to
make peace with what you did.

I'm at peace. After
all the sin in my life,

I'm finally with Jesus.

You found Jesus after
six months in prison?

I know it's not a long time,

but I've read a lot about faith
and about my redemption.

And why didn't you bring this
up at your sentence hearing?

Why should I? The way I feel
now is between me and God.

I don't get it, Ms. Johnson.

Do you want to die? Is
that what this is about?

Of course I don't want to die.

But it's out of my hands now.

And into your lap, McCoy.

That's not what I meant.

My fate is in the hands
of a higher power now.

She waives her appeals
because of religious conviction?

She put her fate in God's hands.

Sounds like a publicity stunt.

We talked to her
chaplain at Rikers Island.

He's convinced she's
a different person

than the one we sent to prison.

He describes her
as a work in progress.

A work in progress?

Maybe she thinks you won't
execute a born-again zealot.

JACK: Quite a bluff.

Or a brilliant legal strategy.

Her death wish becomes
an appeals issue.

If she thinks that she
can play chicken with me...

I don't think so, Adam.

She doesn't seem to care
whether she lives or dies.

The American Civil
Rights Committee cares.

They're making noises
about litigating on her behalf.

What else is new?

Emily Schoener, American
Civil Rights Committee.

You didn't mention you
were bringing a colleague.

Ross Sanders,
Christian Alliance.

You two are together?

Executions make strange
bedfellows, Mr. McCoy.

The last thing we both want is to
see this young lady put to death.

JACK: We talked
to Monica Johnson.

She doesn't want
your help, or yours.

The A.C.R.C. is
not going to sit back

and let Monica Johnson
commit legally sponsored suicide.

I thought you people were the
watchdogs of personal choice?

Not when it comes
to the death penalty.

The Christian Alliance has no
problem with capital punishment.

But on a young Christian woman
who's so obviously rehabilitated herself,

that's not what our
country's values are about.

What value do you
find so compelling,

the "woman" part or
the "Christian" part?

If Adam Schiff wants to run his campaign
on a platform of decency and morality,

he'd be well-advised
to put a stop to this.

Monica Johnson was sentenced to
death. Adam Schiff is bound by that.

Just so Mr. Schiff knows,

we're going public
with our opposition.

Neither of your organizations
has legal standing to intervene.

SCHOENER: Tell it to
Judge Slattery in Albany.

He's calendared our joint
motion in the Court of Appeals.

There's not a single
authority that says

a competent defendant
can't waive appeal.

Is there anything that says a
defendant facing a death sentence can?

Do I detect a chink
in your armor?

What if Monica Johnson
has undergone an awakening?

Don't we at least
need time to explore it?

You wouldn't be saying this
if she were a 250-pound thug.

She's a human
equivalent of a baby seal.

That's not what this
is about. Isn't it, Jack?

Follow the logic
of your position.

If you're for the death penalty,
you're for the death penalty.

Even if the condemned
murderer is cute and cuddly.

It's not that she's cuddly,
it's that she seems sincere.

Well, then there should be room
for everybody to say they're sorry.

If you spare her
and not the others,

you're admitting that the
death penalty is unfairly applied.

And if we don't spare
Monica Johnson,

we're proving that the
death penalty is inhumane.

Rock and a hard place.

You're enjoying
this, aren't you?

You're the one with
the crisis of conscience.

I'm against the death penalty.

SCHOENER: Our society
acts in loco parentis.

We tell people they can't use
drugs, we legislate sexual activity.

Why shouldn't we
say to Monica Johnson,

"We won't execute you until we're
damn sure we're doing the right thing"?

Am I hearing you right?

Is the A.C.R.C. arguing that we
should tell all criminal defendants,

"We know what's best for you."

Where will it end?

Soon you'll be telling the defendants
they have to testify at their own trials

because that's in
their best interest.

SANDERS: Your Honor,
these are abstractions.

We're missing the human
side of the equation.

Why the rush to execute her?

If the basis for delaying her
sentence is that she's white,

female, and Christian,

you're treating her differently
than everybody else on death row.

The entire death penalty
is then open to attack

because it's not being
equitably applied.

Mr. Sanders, are you
suggesting we stop the clock

for any condemned prisoner who
claims a religious enlightenment?

I can only speak
about Monica Johnson.

It's clear she's repented her crimes,
and she has been reborn in Christ.

Do you dispute that, Mr. McCoy?

How can anyone know?

If we're turning
the death penalty

into a test of
religious conviction,

you better dust off the rack.

We're back to the Inquisition.

REPORTER: Monica,
when you received word

the Court of Appeals
denied the A.C.R.C.'s motion,

were you disappointed?

Not really. That was tried
without my permission.

How will you be
spending your last days?

Well, I'll be praying
a lot, of course,

asking God for his
guidance, his forgiveness.

And I pray that
Dana Flynn's husband

can find it in his
heart to forgive me.

(SIGHING) Any final thoughts
on everything that's happened?

I'm focusing on the
bigger picture now.

Thinking about the glorious
place where I'll be going.

That was the last interview
with Monica Johnson,

recorded three days ago.

She was executed at 12:01
this morning in a death chamber

just down the hall from here...

(TV TURNS OFF)

In her mind, she went
from hell to heaven.

I won't hear the end
of it till the primary.

Politics and religion, it doesn't
get more volatile than that, Adam.

Politics, religion, and death.