Law & Order (1990–2010): Season 6, Episode 21 - Pro Se - full transcript
Detectives Briscoe and Curtis investigate a multiple homicide when several people in a laundry are stabbed to death. There is one survivor and she - and several others - identify a crack-head that hangs around many of the businesses on the same street. He's eventually identified as James Smith a schizophrenic who is off his meds. Smith is a lawyer who manages to obtain the court's approval to represent himself. The prosecution faces a dilemma knowing that while Smith might be quite presentable when taking his medication, he has in the past simply decided to stop at which time his mental health would rapidly deteriorate. The case is particularly difficult for ADA Claire Kincaid who had once agreed to a plea bargain with him. The families of the dead now blame her for the loss of their loved ones.
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.
It's the nature of things.
The universe devolves into entropy.
Entropy? You lost me.
Disorder. Things rot,
they rust, they fall apart.
You're falling apart.
You bring home Brad Pitt, this
is what you do all night? Talk?
Guess who forgot
to buy condoms?
Oh! You are
such a virgin.
I wasn't in the mood anyway.
Like, if the whole universe is
doomed to spin out of control,
what is the point of anything?
Thank you, happy person.
I got to get back to work. Later.
(ROCK MUSIC PLAYING)
It's lunchtime, everybody.
Oh, my God.
Three dead inside, another
vic was taken to the ER.
Head wound.
Probably not gonna make it.
(SIGHS) Just our luck.
You got the cashier there,
customer there under the rack.
CSU ID'd her as Linda Bowers
according to her wallet.
Worked in a bakery on Greene.
Irving Marx. Owns the joint.
Opened less than a year ago.
Rough business.
Who found them?
Sales clerk. She was
bringing back lunch.
Where is she now?
Hospital.
Should have seen her.
She ID'd the cashier before
she went mental on us.
Speaking of, did anybody
check the till?
CSU did. Couple hundred
bucks and change.
Any witnesses?
Nobody so far.
Keep asking.
Vintage clothing. I wonder if anybody
actually makes a living selling this stuff?
Apparently not.
I think I see one of
my old bowling shirts.
Bad day for the Irish,
Lennie? Long time.
What's the matter, Mickey, not
enough crime in Brooklyn for you?
No goodies like this one.
Your basic violent misanthrope gone
berserk with some kind of sword.
A sword?
I mean, like Zorro.
There's deep stab wounds,
wild slash and gash.
You work out the sequence?
First, Mr. Marx here.
Then this one, Linda Bowers.
Then the cashier, she was
making for the front door.
And last, our survivor,
looks like she caught it coming
out of the fitting room.
It was quick.
Excuse me.
Well, it doesn't play out
as a robbery or a shakedown.
Could be a very
dissatisfied customer.
Yeah, he didn't like
the return policy.
They were laying there
so quiet, all of them.
I wasn't gone for
more than half an hour.
When you left, did you see anyone
suspicious hanging around?
I was rushing to meet my friend.
I didn't really look.
What about your boss?
Did he have any problems with anyone?
We had some trouble just before
I went to get the lunch.
With who?
These two black kids.
I feel stupid even thinking
they could've done it.
Just tell us what happened.
Mr. Marx caught this girl
shoplifting a blouse and he...
He threw them out the store, and
her boyfriend got really angry.
He said he was coming
back with his crew.
And what did they look like?
He was really tall,
and he had almost shaved head.
She had dookie curls and a big
maroon jacket, a varsity jacket.
Did it have writing on it?
Just initials. WTS.
Wagner Trades. Basketball team
was in the finals last year.
A tall black teenager.
It figures he's a criminal
and he plays basketball.
Well, we'll check out
your chess team next.
(SIGHS)
That's him.
In the back row.
Look, it's always
the same thing.
I mean, people in stores are
always watching what we do,
always thinking, "They gotta
be stealing something."
Hey, I'm watching
you now, Jerome,
and I see a kid with a big
chip on his shoulder.
Yeah. What you don't see
is I have a 3.5 average,
because a concept like that wouldn't
enter your policeman's mind.
You wouldn't be the first
killer who made dean's list.
Now, look, we have a witness who
says you threatened the store owner.
No. No, man. Look, I was gonna sue his ass
for taking Liana's shirt the way he did.
So now it's her blouse?
That's right.
I was gonna get mine
back the American way.
I don't need to kill anybody.
My mother bought it for me at
Bloomie's last year, for my birthday.
A witness says you
lifted it off the rack.
Accused of lifting it.
But nothing on that
blouse said it was theirs.
No tag, nothing.
It was mine.
After the store,
where did you go?
We got something to eat and
then we went back to school.
And Jerome was with
you the whole time?
Yes, ma'am.
I know who you ought
to be looking for.
Oh, yeah? Who's that?
This raggedy old crackhead.
He was outside when we were thrown out.
He was rocking, like they
do when they're high.
Can you describe this man?
White. Long hair.
Dirty beard.
He had on a green coat.
He gave me a nasty look.
Look, I said I
didn't do anything.
Why don't you ask Liana?
We asked your school, Jerome.
Last year, they took
a walking stick from you,
the trick kind,
with a sword inside.
That was just a toy.
And we also heard you're a regular
Dennis Rodman on the court.
Bad temper, the whole act.
Man! It's just
bumping uglies, man.
That's part of the game.
I didn't kill anybody.
All right, all right.
Take it easy, Jerome.
Now, after you were asked
to leave the premises,
did you see anybody
outside the store?
I don't know.
I mean, just a pipehead
talking to a window.
What did he look like?
He was a white guy. He had like a
beard and like long, ratty hair.
He was wearing an army jacket.
BRISCOE: Okay,
you wait here.
(SIGHS)
The neighborhood crackhead.
Everybody's favorite bogeyman.
You heard this story before?
From the girlfriend.
Before you go, put them each
with separate sketch artists.
See if they come up
with the same picture.
Not quite twins,
but they're related.
Good thing he only looks like
every other bum on the street.
Well, call the hospital.
Maybe the survivor can make an ID.
She better. Latent
got nowhere on prints.
The M.E. Worked up a profile of
the weapon based on the wounds.
Single-edge stabbing weapon.
Probably military, a sword or a bayonet.
I heard a woman scream.
Give her some time.
She's processing.
How much can we expect?
As far as first level
details go, limited.
I was trying on a dress.
A woman was on the floor.
A man hit me.
All right, Joanne, I'm
gonna show you a drawing.
Just nod if you recognize him.
That's him.
The homeless really are invisible.
No one remembers seeing him.
Yeah, everybody I talked to
has got the same blind spot.
Sumptuous, isn't it?
We have a whole selection
of fabrics over here.
How soon would you gentlemen
need it delivered?
Well, at these prices, we ought
to be able to drive it home.
No, actually, we're
with the police, ma'am.
We're trying to find someone connected
with those murders down the block.
Oh, yes, it was horrifying.
Does this face ring a bell?
Maybe you saw him yesterday?
Not yesterday.
The day before.
He was just outside, right there.
He kept looking in.
I think he was watching
one of my customers.
What did your
customer look like?
Blond, curly
hair. Glasses.
You remember her name?
Uh...
She wrote it down in our
book, for the mailing list.
Here it is.
Victim number two,
Linda Bowers.
Five days a week for three months,
Linda worked in the window.
Sweet kid like that
got a lot of looks.
Guys gave her their number.
It's awful what happened.
You ever see this
guy bothering her?
Oh, yeah. This germ.
Linda gave him some samples about a month ago.
I told her not to.
Love at first sight?
Must've been.
Every couple of days he'd park himself
across the street and stare at her.
Imagine having that staring at
you and following you around.
If it were me, I might
call the police.
She did. Couple
of weeks ago.
Lot of good it did her.
Yeah, you got to see this skell
in person to get the real flavor.
I can't wait. So the Bowers
girl called you from home?
Yeah, around
10:00 at night.
Suspicious character
loitering in the side alley.
We get there, the guy's gone.
The girl said he followed her home from work.
She gave us a description.
Well, where'd you
catch up with him?
Well, we went back by her place
a couple of hours later.
He was across the street, walking
a circle, so we grabbed him.
So you got an ID.
No wallet, no driver's license.
Wouldn't give us his
name. 100% John Doe.
CURTIS: What'd
you do with him?
We relocated him.
You know, like
they do with bears.
We dropped him in the park.
Gave him a little kick in the ass.
You know, to send a message.
Guess what? It didn't stick.
And they should've dumped
him at the North Pole.
You know, he was
back a week ago.
Back here?
Oh, yeah, yeah, yeah.
Ms. Bowers wasn't home.
I found him looking through the garbage.
CURTIS: You were happy
to see him, I'll bet.
I was gonna put his nose
out the back of his head.
But then he pulls out this bayonet,
Korean era. All shined up.
So the guy swings a blade at
you, you don't call the cops?
I didn't even tell Ms. Bowers.
I didn't want to alarm her.
Thought I was
doing her a favor.
They sent the sketch to every shelter
from Downtown to Midtown, no nibbles yet.
I don't know, maybe
the guy hit the road.
Oh, sure. He's in Miami
with Sly and Madonna.
This guy's like my Uncle Harry.
Five blocks from his bed in any
direction, that's as far as he went.
So what, you want to
cruise the neighborhood
in hopes that he comes
and squeegees our windshield?
Hey, the bayonet,
he didn't have it when Nit and Wit
took him for a ride in the park.
Some places on Houston
carry army surplus.
Hey, Lennie, everything
for the weekend warrior.
MAN: Can I help you?
Yeah, we're looking
for a Korean War bayonet.
For the M1?
Yeah, something, preferably
new, right out of the box.
You're a week late.
Some bum stole it off my table.
This bum?
That resembles him.
He tried to buy it
with soup kitchen vouchers.
From where?
They looked
like St. Ive's.
I turned around, bing,
the blade is gone.
FATHER DI TIRRO:
That looks like James.
James who?
All I got was James.
The other regulars call him Gomer.
As in Gomer Pyle.
BRISCOE: He's a vet?
Not of any war we've heard of.
He wears army fatigues,
army boots.
This really surprises
me about James.
Why's that, Father?
He's been coming here on and
off for the last eight months.
At times, he seems very lucid.
He's obviously had an education.
Yeah, well, looks like he's a
couple of credits shy of a degree.
Thanks, Father.
What? Sometimes the guy's
crazy, sometimes he's not?
Maybe he's on medication.
Keeps himself on a pretty short leash.
Let's try the local clinics.
Yeah, I know him.
James Smith.
He always tells me,
"I shall return."
You know, like MacArthur.
Because I'm Filipino.
CURTIS: How often
does he return?
Uh...
According to this, he hasn't
for a couple of months.
Did something happen to him?
No, he happened
to somebody else.
What's his drug of choice?
Risperidone and carbamazepine
for schizophrenia.
He's supposed to take it every day or...
Watch out.
What? His world and ours don't
revolve around the same sun?
Not even in the same galaxy.
Most of your schizophrenics
don't get violent.
But they never told
that to Mr. Smith.
When he visits the planet,
where does he stay?
As of a year ago, he was staying
at the Donough Arms on Broadway.
But mail we sent there was returned.
Moved, no forwarding address.
Okay. Let's try this.
When he showed up for his pills,
how would he verify his identity?
With his New York
Public Library card.
(PHONE RINGS)
So what now, we check to see
if he had any overdue books?
Well, my guess is he does most
of his reading in the library.
You know, it's warm in the
winter, cool in the summer.
As a home away from home,
it's highly recommended.
Send out a sketch,
maybe we'll get a bite.
He's been in the
stacks since we opened.
You'll find him under ancient
history on the left.
Okay, thanks.
We'll take it from here.
I'll take this side.
Do me a favor, get these
people cleared out.
Hey, how you doing?
(SHOUTING)
Run! Run!
Rey! He's
coming to you!
All right!
Take it easy.
Stay away, Barak.
Just drop the weapon, Jim!
I can't hear you.
I'm not listening.
BRISCOE: Nobody wants to hurt you, Jim.
Just drop it!
That's it! Make all
the noise you want.
(GRUNTING)
The noise! The noise!
The noise!
BRISCOE: How's this for noise?
James Smith, you're under arrest for assault.
You have the right
to remain silent.
Anything you do say can and will be
used against you in a court of law.
You have the right to an attorney.
What's happening to me?
I can't feel my hands.
I've lost my hands.
Yeah, yeah, yeah, yeah.
Linda Bowers, she's the one
who gave you pastries.
Do you remember her?
This is all very
familiar to me.
They'll come through
that door any minute!
Hey, hey, hey! Mr.
Smith, we're already here.
How about leaving your
imaginary friends alone.
You talk to us, okay?
I am a captain in Jabin's army!
Really?
I was a corporal in Uncle Sam's.
I fought at the Kishon River.
Oh, you did?
So when you killed Linda
Bowers and those other people,
you were following
orders, right?
The chattering people across the street,
they're with the CIA, too, aren't they?
This isn't the CIA, Jim.
This is the 27th precinct of the
New York City Police Department.
You understand that?
(LAUGHING)
It's a hell of a system.
It's a hell of a system.
They drive touch-tone dialing to
work and they're still hungry.
Right. I give up.
I think I need whatever
he's supposed to be taking.
Are we even sure of his name?
Without a Social Security
number or a date of birth,
all we have to go
on are his prints.
Forensics did a preliminary
match of the wounds
and cut marks with
Mr. Smith's bayonet.
They're still working up the
blood drops on his jacket.
So what do you want us to do with him?
He refused a lawyer.
I'll get somebody from
Legal Aid down here.
And get your eyewitness
in here for a line-up.
Okay, just tell us if
you recognize anyone.
That one.
The second one from the left.
He's the one.
Okay. Thank you.
All right. Ms. Kincaid,
I want to arrange
to get him back on his
medication as soon as possible.
After he's booked for murder.
The prints matched up
with a James Stephen Smith.
Great. Thank you.
Besides battling the forces of evil,
what other trouble's he been in?
Only one arrest.
For stalking a woman 16 months ago.
He pleaded out on harassment two, six
months probation and a $500 fine.
I guess if he'd killed her,
it would've been $1,000.
What idiot in the
D.A.'s let him off?
Say hello, Counselor.
"Case number 631811, People v.
James Stephen Smith.
"Charges are three counts of
Murder in the Second Degree,
"one count of Attempted
Murder in the Second Degree,
"two counts of Aggravated
Assault on a police officer."
Let's hear a plea, Mr...
Not guilty on all charges.
You got that, judge?
Oh! Loud and clear,
Mr. Smith. Miss Kincaid.
Your Honor, the People ask
for remand without bail.
The defendant has no fixed address,
he poses a danger to the community.
Your Honor, my client's sister
is prepared to post bail
up to an amount
of one million...
Hey, dark eyes, I remember you.
JUDGE FEIST:
Mr. Smith, be quiet.
Your Honor,
this woman knows me.
Mr. Lowe,
control your client.
I'll take the same
deal as last time.
Make me an offer.
JUDGE FEIST: That's enough, Mr. Smith.
You're remanded to
custody without bail.
No, that wasn't the deal.
JUDGE FEIST: Officers, remove the prisoner.
I am not finished.
I did my... I did my probation.
I stayed away from Weinstein.
Doesn't that count?
JUDGE FEIST: Send up
the next case.
Ms. Kincaid, what deal was
James Smith talking about?
I can't comment on that.
Well, was he on probation when
he committed the murders?
No, he was not.
Why did he say he knew you?
I don't have any
comment. Excuse me.
(REPORTERS CLAMORING)
No comment? If you were trying to
chum the waters, congratulations.
The feeding frenzy would've
started without me.
Now it looks like we have
something to hide. Do we?
I don't. It was a routine plea bargain.
The case against him was weak.
He never made threats, he had a job.
What kind of a job?
Grading practice essays
for a bar review prep school.
Back then, he didn't look like
he slept in a cardboard box.
His mental state was
never even brought up.
The point is, he paid the fine and
he never harassed the woman again.
We don't owe anyone an apology.
Good thing you're not
writing the press release.
(KNOCK ON DOOR)
Yes.
This came for you, Jack.
Thanks.
Smith's lawyer.
He's withdrawing from the case.
LOWE: He fired me.
He has his own lawyer?
Uh-huh.
James Smith, pro se.
You're not serious.
He's obviously not fit
to represent himself.
Oh, he has an edge.
If you're gonna defend a guy like
that, doesn't hurt to be crazy.
No judge will ever
go along with it.
You'll know come Monday.
He has a hearing with Judge Rivera.
Plan to be there, Mr. Lowe.
I'm opposing your being released.
You want me to stick with this fruitcake?
What did I ever do to you?
The right to represent oneself
is not absolute, Your Honor.
It can't be asserted by someone
who is clearly incompetent.
Mr. Smith, isn't it a fact that you
have a history of mental illness,
that you've been diagnosed as
having schizoaffective disorder?
Yes, Your Honor.
Since I was 23, at college.
I'm prone to manic depression,
hallucinations, paranoid delusions,
and many other kinds
of psychotic behavior.
Unless I'm taking
my medication.
And you're
currently doing that?
Yes. Since my arrest.
JACK: This is the same person who
claimed the police were CIA agents.
If you let him represent himself
and we convict, he'll appeal
and say that he was denied
competent representation.
Absolutely not.
Your Honor, I am a lawyer.
University of Michigan Law
School, class of '87.
Admitted to the New York Bar in
'88, in the First Department,
as were Your Honor and Mr.
McCoy, I believe.
There's no guarantee that he won't suffer
another psychotic break during the trial.
We'll all be back
where we started.
Your Honor, I can stand here all day
and quote People v. Kaltenbach, v.
Conney, v. Harris, v. Sawyer.
Unless Mr. McCoy can establish
at this very moment
that I am incompetent,
the court has no choice but to
allow me to proceed pro se.
He's absolutely right,
Mr. McCoy.
Then, Your Honor,
I request that Mr. Lowe remain as
the defendant's standby counsel.
So ordered. See you
in court, Mr. Smith.
Your Honor, I'll have my
omnibus motion to suppress
on your desk by
the end of the week.
I look forward to it.
We're adjourned.
Hell of a brick.
Must've had every jailhouse
lawyer in Rikers working on it.
He's a one-man show.
I talked to his law school.
He graduated summa cum laude, law
review, Postdoctoral Associateship.
But as far as anyone knows,
he's never practiced.
His first trial, and he knows just
enough law to turn it into a circus.
A circus? Three counts of murder?
He's taking it seriously.
Then why doesn't
he plead insanity?
Because he's insane.
Or he thinks he can
beat us in court.
He's been attacking every
piece of evidence we have.
He's gonna claim we
have the wrong man.
I've read his motion.
I doubt Judge Rivera will grant it.
Rivera wasn't supposed to let
him represent himself either.
He gets 10% of this past any
judge, you're in trouble.
You can't even tell a jury
why he stalked Linda Bowers.
A schizophrenic's motive?
You're prosecuting an attorney,
not a schizophrenic.
The eyewitness, she hear him say
anything before he attacked Bowers?
She barely remembers
seeing Smith in the store.
Well, take another run at her.
There was a lot of screaming.
There might have been words.
Can you think what those
words might've been?
I was in the dressing room.
A man's voice said
something like,
"Life forever."
Was it Smith's voice?
What difference does it make what he said?
He's a lunatic.
If you could've heard him in court
last week, you might not be so sure.
We read where he has
a law degree.
Yes.
Is that why you let him go,
because he was a lawyer?
No, we just didn't know
enough about him at the time.
He was stalking a woman.
That didn't give you a clue there
was something wrong with him?
Sir, I can't even imagine how angry
and frustrated you must feel.
You're going to know exactly
how we feel, Ms. Kincaid.
We've been contacted by an
attorney for the other families.
We're suing you and the city.
Those people are dead
and my Joanne will never be
the same because of you.
I talked to my brother last month.
Never mentioned Linda Bowers.
He called because he overheard
someone plotting to kill our parents
and he wanted me to
take them to Canada.
Our parents died
three years ago.
The woman he injured said he yelled
something about life forever.
Any idea what he meant by that?
He probably said, "The wife of Heber.
" It's from the Bible.
She lured Sisera, an army captain,
into her tent with food,
and then she stabbed him
through the temple.
This is old news to you.
Jimmy minored in theology,
so he studied the Bible.
When he first
became schizophrenic,
he used to accuse his girlfriend
of putting needles in his brain.
He called her
the wife of Heber.
And Linda Bowers
gave him pastries.
Did he ever attack
his girlfriend?
He tried to strangle her
in his dorm in Princeton.
The next day, he was in
a hospital for six months.
So now you have a motive.
Is that supposed to make
him criminally liable?
I'm just trying to
understand his behavior.
You should've tried that
a year and a half ago.
How come you never
returned my phone call?
Excuse me?
Last year, when he was arrested
for following that woman,
I left a message for you.
Oh, yes, I remember.
I assumed that you were
calling to ask for leniency.
I thought since I let your brother
off with a fine that I didn't...
I called to tell you that
he belongs in a hospital.
He needs supervision.
He takes his medication for a few
months, he thinks he's cured, he stops.
That's how he
gets into trouble.
With all due respect,
Ms. Smith,
it was your problem to get your
brother hospitalized, not ours.
But now he is your
problem, Ms. Kincaid.
The campus police at Princeton
just dug up their report.
Since Smith's girlfriend
declined to file charges,
it was never reported
to the local police.
So the Ellises can add
Princeton to their lawsuit.
I also checked with the University
of Michigan Law School.
During his post-doctoral year,
Smith trashed an office.
It would've been nice to
know all this 16 months ago.
If I'd returned Patricia Smith's
phone call, maybe we would've.
Claire, check your roster.
How many cases did you have
on calendar that week?
Forty-seven.
And how many "A" felonies?
Nine.
How many plea bargains?
Fifteen.
Guess what?
You can't leap tall buildings either.
Makes you feel any better,
Rivera tossed out Smith's omnibus motion.
Our evidence stays.
Of all the nonsense, your Mr.
Smith has just served me.
With what?
While I'm on the phone
with the mayor.
He's changed his plea.
Not guilty by reason of
mental disease or defect.
He blinked.
Work something out with him.
Wait a minute. We let him plead insanity,
he could be out tomorrow or the next day.
No doctor's gonna rush
to declare him sane.
Long as Smith takes his pills, we
can't guarantee he'll stay locked up.
That's right.
No guarantee.
The community expects one.
And I believe they're entitled to it.
Let a jury decide if he's insane.
Oh, you want a trial?
He's been diagnosed
as schizophrenic.
A trial is an absolute waste.
Three people are dead,
and you're counting pennies?
I can count bodies
as well as pennies.
You're not using this office
to make up for your mistake.
My mistake was following
your lead, Mr. Schiff.
I cut a deal the way you like them,
quick, cheap and out the door.
You're off this case, as of now.
JACK: Adam.
She can do other cases,
she can take a cruise,
she can plant a garden,
I couldn't care less.
Adam.
I don't want to hear it.
She didn't deserve that.
Tough. Plead Smith out.
Six years in criminal
detention at Bellevue?
That's your best offer?
Six years minimum.
You get out only if two
doctors of our choosing
say you're no longer a danger.
Do you know who's at Bellevue?
Zombies, you know,
cannibals, derelicts.
I'd go out of my mind.
No, I am not agreeing to any minimum term.
If this goes to a jury,
you might not get a choice.
Oh, you want to get into a pissing
contest with me over legal insanity?
I'm an expert on the subject, from
both sides of the looking glass.
And I know something about juries.
They're sick of sharing their
streets with dangerous madmen.
They don't want to cure you, they
want you behind bars, for life.
Let them try.
I've got a dozen doctors and every
law firm that was afraid to hire me
who'll say I'm crazy.
Aren't you the least bit sorry
about the people you killed?
Yes, I am, Mr. McCoy.
But that wasn't me.
I'm not that creature, and I'm not
taking the rap for what he did.
Now, you get
your friend in here.
She's good at cutting deals.
I'm taking my offer off
the table, Mr. Smith.
You just talked
your way into a trial.
The statute's clear.
If he can't appreciate the
consequences of what he's doing,
or that it's wrong,
he's not responsible.
When he killed those
people, yes, you're right.
But he created the circumstance
that led to the deaths.
His sister told you.
He chose to go off his medication
despite a history of violent behavior.
He knew the risks.
He chose to ignore them.
Depraved indifference.
Murder two. Not bad.
Good luck with it.
Not so fast. I want
you in the second chair.
Never mind Adam. It's my case.
I choose who sits in my second chair.
Adam's not the only problem.
Claire, Smith didn't slip through
the cracks because of you.
The system worked the
way it's supposed to.
Yes. And doesn't that
scare the hell out of you?
You're thinking of resigning?
I'm starting to think that we're the
Maginot Line of the justice system,
and I don't like it.
You want to feel useful?
Help me put James Smith away.
When the trial's over,
the door's open,
no strings.
To make the case, we have to
show that Smith was rational
when he stopped
taking the pills.
You want me to call Elizabeth?
After you go home and change.
I'll walk you to your car.
When I was at the halfway house in
Princeton, I had two more relapses.
That's when the doctors told me
I'd probably be on medication
for most of my life.
My mental state
is well documented.
I doubt your findings
will be any different.
I want to hear it from you.
When you killed those people, how long
had you been off your medication?
Two months, give or take.
Do you think there's
something wrong with you?
(LAUGHS)
Yes.
I've seen the MRls
and the PET scans.
My brain doesn't
look like yours, Doc.
So you accept the fact
that you have an illness?
I realize it, but I
certainly don't accept it.
Then I'm curious why you'd
stop taking your medication.
Didn't you know your
symptoms would come back?
In one form or another.
You knew you'd attacked
people in the past?
Yes. In the past.
Did you care?
Have you ever been on
an anti-psychotic drug?
No.
I'm using every ounce of energy I
have right now just to talk to you.
I feel like I'm pawing
through a wool blanket.
I feel stiff and half
a step behind everyone.
It takes so much effort.
I get so damn tired
just holding onto reality.
Letting go is almost a relief.
DR. OLIVET: Anti-psychotic drugs
have powerful side effects.
It's the most common reason
patients stop taking them.
In your opinion,
did the defendant understand
what the consequences might be?
Yes. He knew he was susceptible
to paranoid delusions,
that these delusions had led him
to try to strangle a girlfriend,
to threaten others
and to destroy property.
Can you describe
these delusions?
When he's not medicated, Mr.
Smith believes he's a Biblical warrior
who was killed by
a woman in his sleep.
He believes he has to watch for people
who might harm him in his sleep.
He believes women are the
tools of his enemies.
Is that why he
killed Linda Bowers?
Yes.
And he believed that Mrs.
Ellis and the others were her accomplices.
Dr. Olivet,
is it your opinion
that he willfully and voluntarily
put himself in that state of mind?
Yes.
Thank you.
Doctor, isn't it a fact I killed
those people in broad daylight,
in a public place?
Yes.
I didn't dispose of the murder weapon, I
didn't wash the blood off of my clothes?
No.
As a psychiatrist, might you
conclude from my behavior,
I didn't know what I
was doing was wrong?
Yes, I probably would,
but the issue is your decision
to stop taking your medication.
Let's talk about that.
Is it possible my decision
was made under duress
from the powerful
side effects you described?
Yes, it's possible.
Under duress, how
could I be expected
to predict my future
psychotic behavior?
Mr. Smith, you're
intelligent, perceptive.
You know far more about your
disease than any psychiatrist.
Ms. Kincaid's intelligent.
She couldn't
predict my behavior.
She didn't think I was dangerous.
She let me off with a fine.
Why should I be held to a
higher standard than she?
JACK: Objection.
Withdrawn.
No more questions.
That's not good enough.
Your Honor, I want you
to instruct the jury...
Denied. You can deal with it in your closing, Mr.
McCoy. Let's move on.
I saw Mr. Marx
and another woman,
I didn't know her name,
on the floor, bleeding.
Then I heard a yell, and this
filthy man ran toward me.
Something hit my head, and I
don't remember anything else.
The man who ran toward you,
do you see him here today?
Yes. That's him,
sitting there.
May the record reflect the witness
pointed at the defendant. Thank you.
Mrs. Ellis, I'm very
sorry I injured you.
The first two times you saw me,
I didn't look like this, did I?
You cleaned yourself up
to make an impression.
SMITH: Objection.
Sustained.
The jury will disregard
the witness' last comment.
Do you remember what
I used to look like?
You had a beard, long dirty hair, dirty clothes.
You were disgusting.
I looked like someone
who should be locked up
in a mental hospital?
Yes.
Doesn't it gall you that Ms.
Kincaid didn't do that when she had the chance?
Objection.
Withdrawn.
Mrs. Ellis,
isn't it a fact
you're suing Ms.
Kincaid? Yes.
You think she's responsible
for what happened to you.
Yes.
JACK: Objection.
That she should've put this
mad man in a hospital.
Objection!
Damn you.
How can you sit there?
You let him do this to me. You let him out.
Mr. Smith, this
cross-examination is over.
Mrs. Ellis, you can
stand down. And thank you.
You'll be lucky
they don't convict her.
Claire is not the issue.
Even the victims are pointing at her.
I warned you about this.
Okay, maybe this is a conversation
you should be having without me.
It's all right.
Adam thinks
we should bury you in a back
room until the trial's over.
The trial is over, you're cutting a deal.
This is off my desk.
Well, he's not wrong.
Smith only has to turn one juror.
No matter what Adam thinks, we can't
force a plea down his throat.
Maybe if we talked
to his sister.
We know which side she's on.
Then why isn't she
on his witness list?
CLAIRE: He'd plead to
manslaughter in the first degree.
He'd serve a minimum of six years
in a secure psychiatric hospital.
After his release,
he'd have to report every morning
to a clinic for his medication.
If he missed an appointment,
he'd violate his parole
and be returned to custody.
How long would he be on parole?
CLAIRE: For as long as
he needed his medication.
The doctors said that could
be until he's in his 60s.
JACK: Ms. Smith,
your brother is running the risk of
spending the rest of his life in prison.
But he's sick.
The jury has to see it.
Suppose they do.
Within a matter of months, he could
be back on the street, unsupervised,
and no one will
vouch for his safety.
I already turned down this deal,
without the lifetime parole.
If you think I'll take it now,
you must be crazier than I am.
Jimmy, please.
It's a fair offer.
Patty, you're not the one who has to sit
in a loony bin for the next six years.
You want to try out the
accommodations in Attica?
You're here
because you're losing.
You haven't even rested yet.
I'm already beating you.
What do you expect to win?
The freedom to eat out of garbage cans?
To share a heating vent
with 100 other homeless men?
Jimmy, listen to me.
Take the offer.
You won't be left alone.
Honey, I promise you.
Patty, stop it.
I've already written my
summation, Mr. McCoy.
Do you know how long I've waited to
give closing arguments to a jury?
I could've been a great lawyer.
I'm gonna prove it.
I'm gonna win.
I'm sorry they brought you
down here for nothing, Patty.
Mr. McCoy,
I want to speak to the
jury. I want to testify.
She can't.
Her testimony's not relevant.
That's for a judge to decide.
Over the past 10 years,
Jimmy has stopped taking his
medication a dozen times.
Each time, he ended up in a
hospital or a police station.
Did he ever tell you why he
stopped taking his medication?
He'd say because he was cured,
or because the side effects
would make him sick.
And what did you say?
I begged him to take his pills.
I warned him that he could hurt himself
or other people if he stopped.
What would he say?
He would say that people would
just have to stay out of his way.
Did he ever offer any
explanation for his behavior?
Yes.
Five years ago, when he was
living with our parents,
I found out that he had rented an
apartment in Hoboken on the 14th floor.
What did you do?
I went there.
He was sitting
on the floor of
the living room.
He said he'd tried so hard
to stay on his medicine,
so he could get a job
as a teacher or a lawyer.
But nobody wanted him
because he was sick.
He said there was no point
in taking his medicine.
He said he didn't
belong anywhere.
He was afraid of what would happen
to him when our parents died.
He rented the apartment
so he could jump
off the balcony.
He needs someone to make
him take his medicine.
He won't listen.
He needs someone to make him...
Ms. Smith, hold on.
Mr. Smith, do you
want to object?
I can instruct
the jury to disregard.
No more questions.
Do you understand the
consequences of this plea?
Yes.
You realize you'll be incarcerated
in a secure forensic hospital
for a minimum
term of six years?
Yes.
And after your release, you'll
submit to the strict administration
of anti-psychotic drugs,
any failure to comply will
result in your return to custody
for the completion of your sentence.
Do you understand all of that?
Yes.
As a condition of your plea, you're
required to allocute to your crime.
Would you please tell
this court what you did?
"I followed Linda Bowers to a
clothing store on Prince Street.
"I believed she was plotting to hurt me.
I waited for her to come out.
"She was taking too
long, so I went inside.
"A man came toward me
and I became afraid,
"and I stabbed him with a bayonet
I had with me. Then I..."
This paper's full of needles.
They cut me, and I bleed.
(SIGHS)
Do you hear those chariots?
They stole them from me.
They want me to sleep.
They like that.
That's why I killed her.
I heard what Deborah
said unto Barak.
"The Lord shall discomfit
me." But that's...
JUDGE RIVERA: Mr. Smith?
Mr. Smith.
Why are you looking at me?
I made them do that.
Patty cakes.
JUDGE RIVERA:
Mr. Lowe, please.
(WHIMPERS)
You look like a lion.
Don't do that,
or I have to leave.
Mr. Smith, sit down.
Mr. Lowe...
Oh! Wait! Wait!
They took my armor.
I need my armor.
I absolutely can't wear this.
JUDGE RIVERA: Mr. Smith.
No! Listen to me.
We'll deal with your armor
when we're done.
Now, please sit down.
I'm sitting down now.
I'm sitting down now.
I'm sitting.
(MUMBLES)
I am sitting down now.
Your Honor.
I am sitting down now. I am sitting.
JUDGE RIVERA: Mr. McCoy.
The People are satisfied that the
defendant has met the requirements.
Then in accordance
with the plea agreement,
I sentence the defendant
to a term of not less than six
years and no more than 18
at a facility to be determined
by the Department of Correction.
This court is adjourned.
They found Smith's cache of pills in his cell.
About a week's worth.
He stopped taking them the day
after his sister testified.
When he knew it was hopeless.
He mailed me his summation.
We're lucky. He
could've hung the jury.
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.
It's the nature of things.
The universe devolves into entropy.
Entropy? You lost me.
Disorder. Things rot,
they rust, they fall apart.
You're falling apart.
You bring home Brad Pitt, this
is what you do all night? Talk?
Guess who forgot
to buy condoms?
Oh! You are
such a virgin.
I wasn't in the mood anyway.
Like, if the whole universe is
doomed to spin out of control,
what is the point of anything?
Thank you, happy person.
I got to get back to work. Later.
(ROCK MUSIC PLAYING)
It's lunchtime, everybody.
Oh, my God.
Three dead inside, another
vic was taken to the ER.
Head wound.
Probably not gonna make it.
(SIGHS) Just our luck.
You got the cashier there,
customer there under the rack.
CSU ID'd her as Linda Bowers
according to her wallet.
Worked in a bakery on Greene.
Irving Marx. Owns the joint.
Opened less than a year ago.
Rough business.
Who found them?
Sales clerk. She was
bringing back lunch.
Where is she now?
Hospital.
Should have seen her.
She ID'd the cashier before
she went mental on us.
Speaking of, did anybody
check the till?
CSU did. Couple hundred
bucks and change.
Any witnesses?
Nobody so far.
Keep asking.
Vintage clothing. I wonder if anybody
actually makes a living selling this stuff?
Apparently not.
I think I see one of
my old bowling shirts.
Bad day for the Irish,
Lennie? Long time.
What's the matter, Mickey, not
enough crime in Brooklyn for you?
No goodies like this one.
Your basic violent misanthrope gone
berserk with some kind of sword.
A sword?
I mean, like Zorro.
There's deep stab wounds,
wild slash and gash.
You work out the sequence?
First, Mr. Marx here.
Then this one, Linda Bowers.
Then the cashier, she was
making for the front door.
And last, our survivor,
looks like she caught it coming
out of the fitting room.
It was quick.
Excuse me.
Well, it doesn't play out
as a robbery or a shakedown.
Could be a very
dissatisfied customer.
Yeah, he didn't like
the return policy.
They were laying there
so quiet, all of them.
I wasn't gone for
more than half an hour.
When you left, did you see anyone
suspicious hanging around?
I was rushing to meet my friend.
I didn't really look.
What about your boss?
Did he have any problems with anyone?
We had some trouble just before
I went to get the lunch.
With who?
These two black kids.
I feel stupid even thinking
they could've done it.
Just tell us what happened.
Mr. Marx caught this girl
shoplifting a blouse and he...
He threw them out the store, and
her boyfriend got really angry.
He said he was coming
back with his crew.
And what did they look like?
He was really tall,
and he had almost shaved head.
She had dookie curls and a big
maroon jacket, a varsity jacket.
Did it have writing on it?
Just initials. WTS.
Wagner Trades. Basketball team
was in the finals last year.
A tall black teenager.
It figures he's a criminal
and he plays basketball.
Well, we'll check out
your chess team next.
(SIGHS)
That's him.
In the back row.
Look, it's always
the same thing.
I mean, people in stores are
always watching what we do,
always thinking, "They gotta
be stealing something."
Hey, I'm watching
you now, Jerome,
and I see a kid with a big
chip on his shoulder.
Yeah. What you don't see
is I have a 3.5 average,
because a concept like that wouldn't
enter your policeman's mind.
You wouldn't be the first
killer who made dean's list.
Now, look, we have a witness who
says you threatened the store owner.
No. No, man. Look, I was gonna sue his ass
for taking Liana's shirt the way he did.
So now it's her blouse?
That's right.
I was gonna get mine
back the American way.
I don't need to kill anybody.
My mother bought it for me at
Bloomie's last year, for my birthday.
A witness says you
lifted it off the rack.
Accused of lifting it.
But nothing on that
blouse said it was theirs.
No tag, nothing.
It was mine.
After the store,
where did you go?
We got something to eat and
then we went back to school.
And Jerome was with
you the whole time?
Yes, ma'am.
I know who you ought
to be looking for.
Oh, yeah? Who's that?
This raggedy old crackhead.
He was outside when we were thrown out.
He was rocking, like they
do when they're high.
Can you describe this man?
White. Long hair.
Dirty beard.
He had on a green coat.
He gave me a nasty look.
Look, I said I
didn't do anything.
Why don't you ask Liana?
We asked your school, Jerome.
Last year, they took
a walking stick from you,
the trick kind,
with a sword inside.
That was just a toy.
And we also heard you're a regular
Dennis Rodman on the court.
Bad temper, the whole act.
Man! It's just
bumping uglies, man.
That's part of the game.
I didn't kill anybody.
All right, all right.
Take it easy, Jerome.
Now, after you were asked
to leave the premises,
did you see anybody
outside the store?
I don't know.
I mean, just a pipehead
talking to a window.
What did he look like?
He was a white guy. He had like a
beard and like long, ratty hair.
He was wearing an army jacket.
BRISCOE: Okay,
you wait here.
(SIGHS)
The neighborhood crackhead.
Everybody's favorite bogeyman.
You heard this story before?
From the girlfriend.
Before you go, put them each
with separate sketch artists.
See if they come up
with the same picture.
Not quite twins,
but they're related.
Good thing he only looks like
every other bum on the street.
Well, call the hospital.
Maybe the survivor can make an ID.
She better. Latent
got nowhere on prints.
The M.E. Worked up a profile of
the weapon based on the wounds.
Single-edge stabbing weapon.
Probably military, a sword or a bayonet.
I heard a woman scream.
Give her some time.
She's processing.
How much can we expect?
As far as first level
details go, limited.
I was trying on a dress.
A woman was on the floor.
A man hit me.
All right, Joanne, I'm
gonna show you a drawing.
Just nod if you recognize him.
That's him.
The homeless really are invisible.
No one remembers seeing him.
Yeah, everybody I talked to
has got the same blind spot.
Sumptuous, isn't it?
We have a whole selection
of fabrics over here.
How soon would you gentlemen
need it delivered?
Well, at these prices, we ought
to be able to drive it home.
No, actually, we're
with the police, ma'am.
We're trying to find someone connected
with those murders down the block.
Oh, yes, it was horrifying.
Does this face ring a bell?
Maybe you saw him yesterday?
Not yesterday.
The day before.
He was just outside, right there.
He kept looking in.
I think he was watching
one of my customers.
What did your
customer look like?
Blond, curly
hair. Glasses.
You remember her name?
Uh...
She wrote it down in our
book, for the mailing list.
Here it is.
Victim number two,
Linda Bowers.
Five days a week for three months,
Linda worked in the window.
Sweet kid like that
got a lot of looks.
Guys gave her their number.
It's awful what happened.
You ever see this
guy bothering her?
Oh, yeah. This germ.
Linda gave him some samples about a month ago.
I told her not to.
Love at first sight?
Must've been.
Every couple of days he'd park himself
across the street and stare at her.
Imagine having that staring at
you and following you around.
If it were me, I might
call the police.
She did. Couple
of weeks ago.
Lot of good it did her.
Yeah, you got to see this skell
in person to get the real flavor.
I can't wait. So the Bowers
girl called you from home?
Yeah, around
10:00 at night.
Suspicious character
loitering in the side alley.
We get there, the guy's gone.
The girl said he followed her home from work.
She gave us a description.
Well, where'd you
catch up with him?
Well, we went back by her place
a couple of hours later.
He was across the street, walking
a circle, so we grabbed him.
So you got an ID.
No wallet, no driver's license.
Wouldn't give us his
name. 100% John Doe.
CURTIS: What'd
you do with him?
We relocated him.
You know, like
they do with bears.
We dropped him in the park.
Gave him a little kick in the ass.
You know, to send a message.
Guess what? It didn't stick.
And they should've dumped
him at the North Pole.
You know, he was
back a week ago.
Back here?
Oh, yeah, yeah, yeah.
Ms. Bowers wasn't home.
I found him looking through the garbage.
CURTIS: You were happy
to see him, I'll bet.
I was gonna put his nose
out the back of his head.
But then he pulls out this bayonet,
Korean era. All shined up.
So the guy swings a blade at
you, you don't call the cops?
I didn't even tell Ms. Bowers.
I didn't want to alarm her.
Thought I was
doing her a favor.
They sent the sketch to every shelter
from Downtown to Midtown, no nibbles yet.
I don't know, maybe
the guy hit the road.
Oh, sure. He's in Miami
with Sly and Madonna.
This guy's like my Uncle Harry.
Five blocks from his bed in any
direction, that's as far as he went.
So what, you want to
cruise the neighborhood
in hopes that he comes
and squeegees our windshield?
Hey, the bayonet,
he didn't have it when Nit and Wit
took him for a ride in the park.
Some places on Houston
carry army surplus.
Hey, Lennie, everything
for the weekend warrior.
MAN: Can I help you?
Yeah, we're looking
for a Korean War bayonet.
For the M1?
Yeah, something, preferably
new, right out of the box.
You're a week late.
Some bum stole it off my table.
This bum?
That resembles him.
He tried to buy it
with soup kitchen vouchers.
From where?
They looked
like St. Ive's.
I turned around, bing,
the blade is gone.
FATHER DI TIRRO:
That looks like James.
James who?
All I got was James.
The other regulars call him Gomer.
As in Gomer Pyle.
BRISCOE: He's a vet?
Not of any war we've heard of.
He wears army fatigues,
army boots.
This really surprises
me about James.
Why's that, Father?
He's been coming here on and
off for the last eight months.
At times, he seems very lucid.
He's obviously had an education.
Yeah, well, looks like he's a
couple of credits shy of a degree.
Thanks, Father.
What? Sometimes the guy's
crazy, sometimes he's not?
Maybe he's on medication.
Keeps himself on a pretty short leash.
Let's try the local clinics.
Yeah, I know him.
James Smith.
He always tells me,
"I shall return."
You know, like MacArthur.
Because I'm Filipino.
CURTIS: How often
does he return?
Uh...
According to this, he hasn't
for a couple of months.
Did something happen to him?
No, he happened
to somebody else.
What's his drug of choice?
Risperidone and carbamazepine
for schizophrenia.
He's supposed to take it every day or...
Watch out.
What? His world and ours don't
revolve around the same sun?
Not even in the same galaxy.
Most of your schizophrenics
don't get violent.
But they never told
that to Mr. Smith.
When he visits the planet,
where does he stay?
As of a year ago, he was staying
at the Donough Arms on Broadway.
But mail we sent there was returned.
Moved, no forwarding address.
Okay. Let's try this.
When he showed up for his pills,
how would he verify his identity?
With his New York
Public Library card.
(PHONE RINGS)
So what now, we check to see
if he had any overdue books?
Well, my guess is he does most
of his reading in the library.
You know, it's warm in the
winter, cool in the summer.
As a home away from home,
it's highly recommended.
Send out a sketch,
maybe we'll get a bite.
He's been in the
stacks since we opened.
You'll find him under ancient
history on the left.
Okay, thanks.
We'll take it from here.
I'll take this side.
Do me a favor, get these
people cleared out.
Hey, how you doing?
(SHOUTING)
Run! Run!
Rey! He's
coming to you!
All right!
Take it easy.
Stay away, Barak.
Just drop the weapon, Jim!
I can't hear you.
I'm not listening.
BRISCOE: Nobody wants to hurt you, Jim.
Just drop it!
That's it! Make all
the noise you want.
(GRUNTING)
The noise! The noise!
The noise!
BRISCOE: How's this for noise?
James Smith, you're under arrest for assault.
You have the right
to remain silent.
Anything you do say can and will be
used against you in a court of law.
You have the right to an attorney.
What's happening to me?
I can't feel my hands.
I've lost my hands.
Yeah, yeah, yeah, yeah.
Linda Bowers, she's the one
who gave you pastries.
Do you remember her?
This is all very
familiar to me.
They'll come through
that door any minute!
Hey, hey, hey! Mr.
Smith, we're already here.
How about leaving your
imaginary friends alone.
You talk to us, okay?
I am a captain in Jabin's army!
Really?
I was a corporal in Uncle Sam's.
I fought at the Kishon River.
Oh, you did?
So when you killed Linda
Bowers and those other people,
you were following
orders, right?
The chattering people across the street,
they're with the CIA, too, aren't they?
This isn't the CIA, Jim.
This is the 27th precinct of the
New York City Police Department.
You understand that?
(LAUGHING)
It's a hell of a system.
It's a hell of a system.
They drive touch-tone dialing to
work and they're still hungry.
Right. I give up.
I think I need whatever
he's supposed to be taking.
Are we even sure of his name?
Without a Social Security
number or a date of birth,
all we have to go
on are his prints.
Forensics did a preliminary
match of the wounds
and cut marks with
Mr. Smith's bayonet.
They're still working up the
blood drops on his jacket.
So what do you want us to do with him?
He refused a lawyer.
I'll get somebody from
Legal Aid down here.
And get your eyewitness
in here for a line-up.
Okay, just tell us if
you recognize anyone.
That one.
The second one from the left.
He's the one.
Okay. Thank you.
All right. Ms. Kincaid,
I want to arrange
to get him back on his
medication as soon as possible.
After he's booked for murder.
The prints matched up
with a James Stephen Smith.
Great. Thank you.
Besides battling the forces of evil,
what other trouble's he been in?
Only one arrest.
For stalking a woman 16 months ago.
He pleaded out on harassment two, six
months probation and a $500 fine.
I guess if he'd killed her,
it would've been $1,000.
What idiot in the
D.A.'s let him off?
Say hello, Counselor.
"Case number 631811, People v.
James Stephen Smith.
"Charges are three counts of
Murder in the Second Degree,
"one count of Attempted
Murder in the Second Degree,
"two counts of Aggravated
Assault on a police officer."
Let's hear a plea, Mr...
Not guilty on all charges.
You got that, judge?
Oh! Loud and clear,
Mr. Smith. Miss Kincaid.
Your Honor, the People ask
for remand without bail.
The defendant has no fixed address,
he poses a danger to the community.
Your Honor, my client's sister
is prepared to post bail
up to an amount
of one million...
Hey, dark eyes, I remember you.
JUDGE FEIST:
Mr. Smith, be quiet.
Your Honor,
this woman knows me.
Mr. Lowe,
control your client.
I'll take the same
deal as last time.
Make me an offer.
JUDGE FEIST: That's enough, Mr. Smith.
You're remanded to
custody without bail.
No, that wasn't the deal.
JUDGE FEIST: Officers, remove the prisoner.
I am not finished.
I did my... I did my probation.
I stayed away from Weinstein.
Doesn't that count?
JUDGE FEIST: Send up
the next case.
Ms. Kincaid, what deal was
James Smith talking about?
I can't comment on that.
Well, was he on probation when
he committed the murders?
No, he was not.
Why did he say he knew you?
I don't have any
comment. Excuse me.
(REPORTERS CLAMORING)
No comment? If you were trying to
chum the waters, congratulations.
The feeding frenzy would've
started without me.
Now it looks like we have
something to hide. Do we?
I don't. It was a routine plea bargain.
The case against him was weak.
He never made threats, he had a job.
What kind of a job?
Grading practice essays
for a bar review prep school.
Back then, he didn't look like
he slept in a cardboard box.
His mental state was
never even brought up.
The point is, he paid the fine and
he never harassed the woman again.
We don't owe anyone an apology.
Good thing you're not
writing the press release.
(KNOCK ON DOOR)
Yes.
This came for you, Jack.
Thanks.
Smith's lawyer.
He's withdrawing from the case.
LOWE: He fired me.
He has his own lawyer?
Uh-huh.
James Smith, pro se.
You're not serious.
He's obviously not fit
to represent himself.
Oh, he has an edge.
If you're gonna defend a guy like
that, doesn't hurt to be crazy.
No judge will ever
go along with it.
You'll know come Monday.
He has a hearing with Judge Rivera.
Plan to be there, Mr. Lowe.
I'm opposing your being released.
You want me to stick with this fruitcake?
What did I ever do to you?
The right to represent oneself
is not absolute, Your Honor.
It can't be asserted by someone
who is clearly incompetent.
Mr. Smith, isn't it a fact that you
have a history of mental illness,
that you've been diagnosed as
having schizoaffective disorder?
Yes, Your Honor.
Since I was 23, at college.
I'm prone to manic depression,
hallucinations, paranoid delusions,
and many other kinds
of psychotic behavior.
Unless I'm taking
my medication.
And you're
currently doing that?
Yes. Since my arrest.
JACK: This is the same person who
claimed the police were CIA agents.
If you let him represent himself
and we convict, he'll appeal
and say that he was denied
competent representation.
Absolutely not.
Your Honor, I am a lawyer.
University of Michigan Law
School, class of '87.
Admitted to the New York Bar in
'88, in the First Department,
as were Your Honor and Mr.
McCoy, I believe.
There's no guarantee that he won't suffer
another psychotic break during the trial.
We'll all be back
where we started.
Your Honor, I can stand here all day
and quote People v. Kaltenbach, v.
Conney, v. Harris, v. Sawyer.
Unless Mr. McCoy can establish
at this very moment
that I am incompetent,
the court has no choice but to
allow me to proceed pro se.
He's absolutely right,
Mr. McCoy.
Then, Your Honor,
I request that Mr. Lowe remain as
the defendant's standby counsel.
So ordered. See you
in court, Mr. Smith.
Your Honor, I'll have my
omnibus motion to suppress
on your desk by
the end of the week.
I look forward to it.
We're adjourned.
Hell of a brick.
Must've had every jailhouse
lawyer in Rikers working on it.
He's a one-man show.
I talked to his law school.
He graduated summa cum laude, law
review, Postdoctoral Associateship.
But as far as anyone knows,
he's never practiced.
His first trial, and he knows just
enough law to turn it into a circus.
A circus? Three counts of murder?
He's taking it seriously.
Then why doesn't
he plead insanity?
Because he's insane.
Or he thinks he can
beat us in court.
He's been attacking every
piece of evidence we have.
He's gonna claim we
have the wrong man.
I've read his motion.
I doubt Judge Rivera will grant it.
Rivera wasn't supposed to let
him represent himself either.
He gets 10% of this past any
judge, you're in trouble.
You can't even tell a jury
why he stalked Linda Bowers.
A schizophrenic's motive?
You're prosecuting an attorney,
not a schizophrenic.
The eyewitness, she hear him say
anything before he attacked Bowers?
She barely remembers
seeing Smith in the store.
Well, take another run at her.
There was a lot of screaming.
There might have been words.
Can you think what those
words might've been?
I was in the dressing room.
A man's voice said
something like,
"Life forever."
Was it Smith's voice?
What difference does it make what he said?
He's a lunatic.
If you could've heard him in court
last week, you might not be so sure.
We read where he has
a law degree.
Yes.
Is that why you let him go,
because he was a lawyer?
No, we just didn't know
enough about him at the time.
He was stalking a woman.
That didn't give you a clue there
was something wrong with him?
Sir, I can't even imagine how angry
and frustrated you must feel.
You're going to know exactly
how we feel, Ms. Kincaid.
We've been contacted by an
attorney for the other families.
We're suing you and the city.
Those people are dead
and my Joanne will never be
the same because of you.
I talked to my brother last month.
Never mentioned Linda Bowers.
He called because he overheard
someone plotting to kill our parents
and he wanted me to
take them to Canada.
Our parents died
three years ago.
The woman he injured said he yelled
something about life forever.
Any idea what he meant by that?
He probably said, "The wife of Heber.
" It's from the Bible.
She lured Sisera, an army captain,
into her tent with food,
and then she stabbed him
through the temple.
This is old news to you.
Jimmy minored in theology,
so he studied the Bible.
When he first
became schizophrenic,
he used to accuse his girlfriend
of putting needles in his brain.
He called her
the wife of Heber.
And Linda Bowers
gave him pastries.
Did he ever attack
his girlfriend?
He tried to strangle her
in his dorm in Princeton.
The next day, he was in
a hospital for six months.
So now you have a motive.
Is that supposed to make
him criminally liable?
I'm just trying to
understand his behavior.
You should've tried that
a year and a half ago.
How come you never
returned my phone call?
Excuse me?
Last year, when he was arrested
for following that woman,
I left a message for you.
Oh, yes, I remember.
I assumed that you were
calling to ask for leniency.
I thought since I let your brother
off with a fine that I didn't...
I called to tell you that
he belongs in a hospital.
He needs supervision.
He takes his medication for a few
months, he thinks he's cured, he stops.
That's how he
gets into trouble.
With all due respect,
Ms. Smith,
it was your problem to get your
brother hospitalized, not ours.
But now he is your
problem, Ms. Kincaid.
The campus police at Princeton
just dug up their report.
Since Smith's girlfriend
declined to file charges,
it was never reported
to the local police.
So the Ellises can add
Princeton to their lawsuit.
I also checked with the University
of Michigan Law School.
During his post-doctoral year,
Smith trashed an office.
It would've been nice to
know all this 16 months ago.
If I'd returned Patricia Smith's
phone call, maybe we would've.
Claire, check your roster.
How many cases did you have
on calendar that week?
Forty-seven.
And how many "A" felonies?
Nine.
How many plea bargains?
Fifteen.
Guess what?
You can't leap tall buildings either.
Makes you feel any better,
Rivera tossed out Smith's omnibus motion.
Our evidence stays.
Of all the nonsense, your Mr.
Smith has just served me.
With what?
While I'm on the phone
with the mayor.
He's changed his plea.
Not guilty by reason of
mental disease or defect.
He blinked.
Work something out with him.
Wait a minute. We let him plead insanity,
he could be out tomorrow or the next day.
No doctor's gonna rush
to declare him sane.
Long as Smith takes his pills, we
can't guarantee he'll stay locked up.
That's right.
No guarantee.
The community expects one.
And I believe they're entitled to it.
Let a jury decide if he's insane.
Oh, you want a trial?
He's been diagnosed
as schizophrenic.
A trial is an absolute waste.
Three people are dead,
and you're counting pennies?
I can count bodies
as well as pennies.
You're not using this office
to make up for your mistake.
My mistake was following
your lead, Mr. Schiff.
I cut a deal the way you like them,
quick, cheap and out the door.
You're off this case, as of now.
JACK: Adam.
She can do other cases,
she can take a cruise,
she can plant a garden,
I couldn't care less.
Adam.
I don't want to hear it.
She didn't deserve that.
Tough. Plead Smith out.
Six years in criminal
detention at Bellevue?
That's your best offer?
Six years minimum.
You get out only if two
doctors of our choosing
say you're no longer a danger.
Do you know who's at Bellevue?
Zombies, you know,
cannibals, derelicts.
I'd go out of my mind.
No, I am not agreeing to any minimum term.
If this goes to a jury,
you might not get a choice.
Oh, you want to get into a pissing
contest with me over legal insanity?
I'm an expert on the subject, from
both sides of the looking glass.
And I know something about juries.
They're sick of sharing their
streets with dangerous madmen.
They don't want to cure you, they
want you behind bars, for life.
Let them try.
I've got a dozen doctors and every
law firm that was afraid to hire me
who'll say I'm crazy.
Aren't you the least bit sorry
about the people you killed?
Yes, I am, Mr. McCoy.
But that wasn't me.
I'm not that creature, and I'm not
taking the rap for what he did.
Now, you get
your friend in here.
She's good at cutting deals.
I'm taking my offer off
the table, Mr. Smith.
You just talked
your way into a trial.
The statute's clear.
If he can't appreciate the
consequences of what he's doing,
or that it's wrong,
he's not responsible.
When he killed those
people, yes, you're right.
But he created the circumstance
that led to the deaths.
His sister told you.
He chose to go off his medication
despite a history of violent behavior.
He knew the risks.
He chose to ignore them.
Depraved indifference.
Murder two. Not bad.
Good luck with it.
Not so fast. I want
you in the second chair.
Never mind Adam. It's my case.
I choose who sits in my second chair.
Adam's not the only problem.
Claire, Smith didn't slip through
the cracks because of you.
The system worked the
way it's supposed to.
Yes. And doesn't that
scare the hell out of you?
You're thinking of resigning?
I'm starting to think that we're the
Maginot Line of the justice system,
and I don't like it.
You want to feel useful?
Help me put James Smith away.
When the trial's over,
the door's open,
no strings.
To make the case, we have to
show that Smith was rational
when he stopped
taking the pills.
You want me to call Elizabeth?
After you go home and change.
I'll walk you to your car.
When I was at the halfway house in
Princeton, I had two more relapses.
That's when the doctors told me
I'd probably be on medication
for most of my life.
My mental state
is well documented.
I doubt your findings
will be any different.
I want to hear it from you.
When you killed those people, how long
had you been off your medication?
Two months, give or take.
Do you think there's
something wrong with you?
(LAUGHS)
Yes.
I've seen the MRls
and the PET scans.
My brain doesn't
look like yours, Doc.
So you accept the fact
that you have an illness?
I realize it, but I
certainly don't accept it.
Then I'm curious why you'd
stop taking your medication.
Didn't you know your
symptoms would come back?
In one form or another.
You knew you'd attacked
people in the past?
Yes. In the past.
Did you care?
Have you ever been on
an anti-psychotic drug?
No.
I'm using every ounce of energy I
have right now just to talk to you.
I feel like I'm pawing
through a wool blanket.
I feel stiff and half
a step behind everyone.
It takes so much effort.
I get so damn tired
just holding onto reality.
Letting go is almost a relief.
DR. OLIVET: Anti-psychotic drugs
have powerful side effects.
It's the most common reason
patients stop taking them.
In your opinion,
did the defendant understand
what the consequences might be?
Yes. He knew he was susceptible
to paranoid delusions,
that these delusions had led him
to try to strangle a girlfriend,
to threaten others
and to destroy property.
Can you describe
these delusions?
When he's not medicated, Mr.
Smith believes he's a Biblical warrior
who was killed by
a woman in his sleep.
He believes he has to watch for people
who might harm him in his sleep.
He believes women are the
tools of his enemies.
Is that why he
killed Linda Bowers?
Yes.
And he believed that Mrs.
Ellis and the others were her accomplices.
Dr. Olivet,
is it your opinion
that he willfully and voluntarily
put himself in that state of mind?
Yes.
Thank you.
Doctor, isn't it a fact I killed
those people in broad daylight,
in a public place?
Yes.
I didn't dispose of the murder weapon, I
didn't wash the blood off of my clothes?
No.
As a psychiatrist, might you
conclude from my behavior,
I didn't know what I
was doing was wrong?
Yes, I probably would,
but the issue is your decision
to stop taking your medication.
Let's talk about that.
Is it possible my decision
was made under duress
from the powerful
side effects you described?
Yes, it's possible.
Under duress, how
could I be expected
to predict my future
psychotic behavior?
Mr. Smith, you're
intelligent, perceptive.
You know far more about your
disease than any psychiatrist.
Ms. Kincaid's intelligent.
She couldn't
predict my behavior.
She didn't think I was dangerous.
She let me off with a fine.
Why should I be held to a
higher standard than she?
JACK: Objection.
Withdrawn.
No more questions.
That's not good enough.
Your Honor, I want you
to instruct the jury...
Denied. You can deal with it in your closing, Mr.
McCoy. Let's move on.
I saw Mr. Marx
and another woman,
I didn't know her name,
on the floor, bleeding.
Then I heard a yell, and this
filthy man ran toward me.
Something hit my head, and I
don't remember anything else.
The man who ran toward you,
do you see him here today?
Yes. That's him,
sitting there.
May the record reflect the witness
pointed at the defendant. Thank you.
Mrs. Ellis, I'm very
sorry I injured you.
The first two times you saw me,
I didn't look like this, did I?
You cleaned yourself up
to make an impression.
SMITH: Objection.
Sustained.
The jury will disregard
the witness' last comment.
Do you remember what
I used to look like?
You had a beard, long dirty hair, dirty clothes.
You were disgusting.
I looked like someone
who should be locked up
in a mental hospital?
Yes.
Doesn't it gall you that Ms.
Kincaid didn't do that when she had the chance?
Objection.
Withdrawn.
Mrs. Ellis,
isn't it a fact
you're suing Ms.
Kincaid? Yes.
You think she's responsible
for what happened to you.
Yes.
JACK: Objection.
That she should've put this
mad man in a hospital.
Objection!
Damn you.
How can you sit there?
You let him do this to me. You let him out.
Mr. Smith, this
cross-examination is over.
Mrs. Ellis, you can
stand down. And thank you.
You'll be lucky
they don't convict her.
Claire is not the issue.
Even the victims are pointing at her.
I warned you about this.
Okay, maybe this is a conversation
you should be having without me.
It's all right.
Adam thinks
we should bury you in a back
room until the trial's over.
The trial is over, you're cutting a deal.
This is off my desk.
Well, he's not wrong.
Smith only has to turn one juror.
No matter what Adam thinks, we can't
force a plea down his throat.
Maybe if we talked
to his sister.
We know which side she's on.
Then why isn't she
on his witness list?
CLAIRE: He'd plead to
manslaughter in the first degree.
He'd serve a minimum of six years
in a secure psychiatric hospital.
After his release,
he'd have to report every morning
to a clinic for his medication.
If he missed an appointment,
he'd violate his parole
and be returned to custody.
How long would he be on parole?
CLAIRE: For as long as
he needed his medication.
The doctors said that could
be until he's in his 60s.
JACK: Ms. Smith,
your brother is running the risk of
spending the rest of his life in prison.
But he's sick.
The jury has to see it.
Suppose they do.
Within a matter of months, he could
be back on the street, unsupervised,
and no one will
vouch for his safety.
I already turned down this deal,
without the lifetime parole.
If you think I'll take it now,
you must be crazier than I am.
Jimmy, please.
It's a fair offer.
Patty, you're not the one who has to sit
in a loony bin for the next six years.
You want to try out the
accommodations in Attica?
You're here
because you're losing.
You haven't even rested yet.
I'm already beating you.
What do you expect to win?
The freedom to eat out of garbage cans?
To share a heating vent
with 100 other homeless men?
Jimmy, listen to me.
Take the offer.
You won't be left alone.
Honey, I promise you.
Patty, stop it.
I've already written my
summation, Mr. McCoy.
Do you know how long I've waited to
give closing arguments to a jury?
I could've been a great lawyer.
I'm gonna prove it.
I'm gonna win.
I'm sorry they brought you
down here for nothing, Patty.
Mr. McCoy,
I want to speak to the
jury. I want to testify.
She can't.
Her testimony's not relevant.
That's for a judge to decide.
Over the past 10 years,
Jimmy has stopped taking his
medication a dozen times.
Each time, he ended up in a
hospital or a police station.
Did he ever tell you why he
stopped taking his medication?
He'd say because he was cured,
or because the side effects
would make him sick.
And what did you say?
I begged him to take his pills.
I warned him that he could hurt himself
or other people if he stopped.
What would he say?
He would say that people would
just have to stay out of his way.
Did he ever offer any
explanation for his behavior?
Yes.
Five years ago, when he was
living with our parents,
I found out that he had rented an
apartment in Hoboken on the 14th floor.
What did you do?
I went there.
He was sitting
on the floor of
the living room.
He said he'd tried so hard
to stay on his medicine,
so he could get a job
as a teacher or a lawyer.
But nobody wanted him
because he was sick.
He said there was no point
in taking his medicine.
He said he didn't
belong anywhere.
He was afraid of what would happen
to him when our parents died.
He rented the apartment
so he could jump
off the balcony.
He needs someone to make
him take his medicine.
He won't listen.
He needs someone to make him...
Ms. Smith, hold on.
Mr. Smith, do you
want to object?
I can instruct
the jury to disregard.
No more questions.
Do you understand the
consequences of this plea?
Yes.
You realize you'll be incarcerated
in a secure forensic hospital
for a minimum
term of six years?
Yes.
And after your release, you'll
submit to the strict administration
of anti-psychotic drugs,
any failure to comply will
result in your return to custody
for the completion of your sentence.
Do you understand all of that?
Yes.
As a condition of your plea, you're
required to allocute to your crime.
Would you please tell
this court what you did?
"I followed Linda Bowers to a
clothing store on Prince Street.
"I believed she was plotting to hurt me.
I waited for her to come out.
"She was taking too
long, so I went inside.
"A man came toward me
and I became afraid,
"and I stabbed him with a bayonet
I had with me. Then I..."
This paper's full of needles.
They cut me, and I bleed.
(SIGHS)
Do you hear those chariots?
They stole them from me.
They want me to sleep.
They like that.
That's why I killed her.
I heard what Deborah
said unto Barak.
"The Lord shall discomfit
me." But that's...
JUDGE RIVERA: Mr. Smith?
Mr. Smith.
Why are you looking at me?
I made them do that.
Patty cakes.
JUDGE RIVERA:
Mr. Lowe, please.
(WHIMPERS)
You look like a lion.
Don't do that,
or I have to leave.
Mr. Smith, sit down.
Mr. Lowe...
Oh! Wait! Wait!
They took my armor.
I need my armor.
I absolutely can't wear this.
JUDGE RIVERA: Mr. Smith.
No! Listen to me.
We'll deal with your armor
when we're done.
Now, please sit down.
I'm sitting down now.
I'm sitting down now.
I'm sitting.
(MUMBLES)
I am sitting down now.
Your Honor.
I am sitting down now. I am sitting.
JUDGE RIVERA: Mr. McCoy.
The People are satisfied that the
defendant has met the requirements.
Then in accordance
with the plea agreement,
I sentence the defendant
to a term of not less than six
years and no more than 18
at a facility to be determined
by the Department of Correction.
This court is adjourned.
They found Smith's cache of pills in his cell.
About a week's worth.
He stopped taking them the day
after his sister testified.
When he knew it was hopeless.
He mailed me his summation.
We're lucky. He
could've hung the jury.