Law & Order (1990–2010): Season 8, Episode 19 - Disappeared - full transcript

Detectives Briscoe and Curtis investigate the disappearance of Paul and Donna Ericson. Their absence isn't noted until their 8 year-old son returned home on Sunday after spending the weekend away. The Ericsons were having a dispute with their condo developer Nathan Faber, but he too soon disappears. The police are now convinced they're the victims of a kidnapping and an anonymous note to a newspaper seems to confirm it. Ben O'Dell contacts the police to say that his brother Matt, who is mentally ill, is responsible. He turns him in on condition that he will not face the death penalty and Carrie agrees to take his mental health status into consideration. Matt however flatly refuses to be examined by a psychiatrist and his lawyer, Danielle Melnick, manages to get much of the evidence thrown out. Once found guilty, the question becomes the death penalty for someone who may want to die.

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.

Want to hear a cool
joke, Mrs. Lewis?

Paul? Donna?
Anybody home?

What do you get when you cross
a chicken with a blind goat?

Did your parents go
away for the weekend?

They never go anywhere.
So, what do you get?

Hold on, honey.

Hi. It's me. Paul and
Donna aren't here.

Well, the papers and mail
were at the front door

and, well, it smells
kind of funny.

Yeah, well, I have Jack.
You call them. Okay.

JACK: Mom? Dad?

Jack, come here.
Stay with me.

You rousted us
on a missing persons call,

Kellog, you're gonna
be hating life.

I told dispatch,
"probable missing person."

Then I found this
near the garbage outside.

Straps busted.
Couple of limes.

Strangers on a Train.
And a lady's wallet.

It belongs to Donna Ericson.
She's the one that lives here.

Cassette's from a video
store three blocks east.

All right,
hang onto this stuff.

This is Mr. Faber,
the building manager.

My shop's downstairs.
I noticed the commotion.

Do the Ericsons ever
leave town unexpectedly?

Not that I know of. Did
somethin' happen to 'em?

Well, that's what
we're tryin' to find out.

Why don't you wait downstairs?

Looks like the Ericsons
were expecting guests.

It's hot as hell in here.

Water's room temperature, Rey.

Well, here's your heat source.

What's for dinner?



Looks like rack of lamb.

Yeah, maybe two days ago.

Hope the Ericsons
are in better shape.

How's the boy?

We're keepin' him busy, but he
still wants his mom and dad.

Guy at the video store says

the Ericsons checked out
a tape at 6:15.

It could be a kidnapping.

Forty-eight hours.
No ransom demand.

So far.

Well, maybe the Ericsons
took a powder.

What, and leave
that kid behind?

The handles on her tote bag were
ripped, like somebody grabbed it.

No one in the neighborhood
saw anything?

We're still canvassing,
but so far, no witnesses.

You know, the whole thing could've
gone down in, like, 10 seconds.

Well, keep trying.

There are a couple of messages
from their dinner guests

on their answering machine.

First call
came in at 6:41.

MAN OVER SPEAKER: Hi, guys. Runnin' late.
Should be there around 7:00.

Let us know
if we can bring anything.


Hey, where are you guys?
We're downstairs. Hello?

You said Friday, right?
Paul? Donna? Hello?

Play it for the boy.

Hey, where are you guys?
We're downstairs.

I think it's Uncle Bob.
But he's not my real uncle.

Where can we find him?

Where does your Uncle Bob live?

Near the museum.

Which one? Which museum?
The one with the dinosaurs?

The one with no stairs.
You know, goes around.

The Guggenheim. Do you know
Uncle Bob's last name?


Can Uncle Bob help
find my mom and dad?

BOB: Paul called Wednesday.

It was Tuesday.
They invited us to dinner.

And Jack was going to spend
the weekend at friends'.

Paul had some white Burgundy
he wanted to uncork.

Did you notice anything
unusual while you were there?

Just the fact
that they weren't home.

We buzzed from downstairs
for about 10 minutes.

I tried them on my cell phone.

We figured there was
some emergency with Jack.

So, why is this happening?

This isn't Guatemala.
People don't just disappear.

Detective, we go back a long
way with Paul and Donna.

No one would want to hurt them.

They have any
financial trouble?

No, nothing like that.

Paul is a graphic artist.
He's very successful.

Anything at all?
Drugs, maybe?

Paul thought a third glass
of wine was excessive.

He did ask me
if I knew a good lawyer.


He was having problems with the
developer who sold him the condo.

We heard the Ericsons were
having legal problems with you.

What's that all about?

News to me.

Some beef over the building?

Nope. Building runs
like a Rolex.

Well, that'd make you the
luckiest developer in town.

Hey, luck had
nothin' to do with it.

You should've seen this
building when I bought it.

A dump.

Six months to move out the
renters, three to renovate.

It was a year before I saw
a nickel out of this place.

All right, we'll be in touch.

Faber talks a good game.

Only five units
in the building.

Let's see if anybody
else had a beef.

I don't know about litigation,

but it was a little tense
around here.

Why's that?

When Faber was selling units, he promised
a class act for the commercial space.

You know,
Stellar Coffee downstairs?

Faber owns it. It was supposed
to be an art gallery.

More money in caffeine, huh?

Personally, I'm okay with it.

Faber sunk a fortune
into this building.

This is the nicest
loft space in the area.

What about the Ericsons?

When the gallery turned out to be a
coffee bar, they weren't very happy.

They didn't like the smell
of it all day, every day,

or the foot traffic
at all hours.

Feud over a coffee bar. Not exactly
the Hatfields and the McCoys.

The Ericsons made noises about
organizing the other owners.

They even called the City.

Some inspector showed up
here a couple of weeks back.

That's all I can tell you.

Okay. (CLEARING THROAT) Well, if
you think of anything else...


(SNIFFING) Smells okay to me.

Yeah, you don't have
to live on top of it.

I wonder how far the Ericsons
took their complaint.

Paul and Donna Ericson,
185 Tenth Avenue.

Complaint filed March 1st. Initial
inspection was on the 10th.

Eight days ago.

Alleged violation,

Section 409 of the Atmospheric
Particulate Abatement Act.

Air pollution.

Section 409?
Is that serious?

Maximum fine of $10,000 a day.

In addition, the offending
entity can be closed down.

The offending entity
being the Stellar Coffee Bar.

What's the time frame
on a closing like that?

CLAYTON: That depends
on the Ericsons.

Until they file a Form 614, all
we do is send out an inspector.

Faber's bank says his
financing's pretty shaky.

If they close down
his coffee bar,

he defaults on the mortgage
and the bank calls his loan.

He must be serving
quite a few double lattes.

Plus, the Ericsons are withholding
their maintenance fees.

Now, if the other owners
jump on the bandwagon,

Donald Trump Jr.
goes right down the tubes.

Mmm. Sounds thin
for an arrest.

Hey, we ran his name through the DMV.
He happens to own a truck.

And he lied about the Ericsons.

I mean, if they go,
so do his problems.

Bring him in
for a cup of our coffee.

Faber's been gone awhile.

He usually likes to keep
an eye on the register.

You could try his house
or his girlfriend's.

No, we already did.
No Faber.

Sorry. Cappuccino on
the house, Detective?

Maybe for the kid here.
I'll have a regular coffee.

How do you take it?

Regular, to go.

CURTIS: How long ago
did Faber leave?

Three, four hours. We
were out of French roast.

He grabs the truck,
heads for Astoria.

What, all the way
to Queens for some coffee?

Vassilloros Wholesalers.
Best prices in town.



There's Faber's truck.

Nothin' in the front.
It's unlocked.

Hey, what do you want?

The guy with this truck.
Where is he?

Mr. Faber. He came in
a couple of hours ago.

Well, where is he now?

I don't know. He buy 70
pounds French roast.

What, he carried it out
on his back?

He gives me cash, he goes
out for his hand truck.

He didn't come back.

He just disappeared?

I came out to see
where he went.

There was a van
parked next to his truck.

Describe the van.


Did you get a look
at the plates?

I walked over, but the
van was pulling away.

Was Faber in it?

I don't know.

You think I should
have called the cops?

Now, there's an idea.

First the Ericsons, now Faber.

I'm not lettin' you
out of my sight, partner.

The Ericsons get snatched. Now
your prime suspect vanishes?

The only link between Faber and
the Ericsons is the building.

Didn't you already
rule out the other owners?

We took another look. The
neighbors all check out.

Present tense.
What about ex-neighbors?

Well, Faber did say
he moved out some renters.

Well, maybe one of them left
with a bad taste in his mouth.

JENKINS: Screw Faber.

I want to shake hands
with whomever snatched him.

CURTIS: You're not exactly
helping yourself, Mr. Jenkins.

I didn't do nothin',
so I got nothin' to hide.

Then lose the attitude.
What about the Ericsons?

Hey, Stretch, where the hell
do you think you're goin'?

Hey, if you got
nothin' to hide,

then he's not gonna
find anything, right?

Look, I never even
met the Ericsons.

It's not like I'm the only
tenant that Faber pissed off.

You're the only one he evicted.

I'm the only one
that put up a fight.

Shoved a paper under
their noses, they caved.

Caved to what?


Faber clears them out, fixes
the place up, takes it condo,

and then sells to a bunch of yuppies
at 10 times what we could pay.

What's this?

"Now the property mongers and mortgage
bankers shall face our ultimate sanction."

"The filthy lucre that steals our homes and
destroys our community will be cleansed."

Looks like somebody besides you doesn't
exactly like the upwardly mobile.

Some of it makes sense.

When I was a kid, I lived around
the corner from Faber's building.

We had a mom-and-pop grocery, we
had a candy store, a newsstand.

Your basic vanilla
neighborhood, huh?

Key word being

Now, it's Oriental restaurants
and cigar bars.

You can sip fancy coffee
at a bookstore,

but you can't
buy a racing form.

Guy's not totally
off the mark, Lennie.

Rents keep goin' up, where's an
average family supposed to go?

That's why they built
the bridges and tunnels.



Yeah, okay. Lieutenant
wants us at the house.

Ms. Ridley's from The Daily News.
She received this last night.

"We shall soon mete out
the ultimate sanction"

"to the carpetbaggers
who were seized as a warning"

"to those who would uproot us from
our homes, our lives, our community."

"The justice which was envisioned
comes now to fruition."

Sounds like the same people
who wrote the leaflet.

practically a confession.

To kidnapping or murder?

How was this delivered?

Dropped into the night slot.

The letter says unless it's
published in its entirety,

there'll be more kidnappings.

You're going to print it?

Lead in tomorrow's
morning edition.

The Department would like you
to change a few words in this.

They said,
"in its entirety."

Well, we'd like to see if we
can get a rise out of them.

Start a dialogue.

I can't wait to see what
they do when they're angry.

And we don't want that
kind of responsibility.

We'll take the heat.

Well, I hope you know
what you're doing.

That makes two of us.

Get this letter to Forensics.
And talk to the court shrink.

See if you can get an insight
into who we're dealing with here.

Disturbed bunch, huh?

Whacked out, yeah. I'd hold
off on the conspiracy theory.

You thinkin' it's one guy?

"No invasion can be repelled but by
our force wielded by a righteous arm.

"Our strength is as the strength
of 10." He's overcompensating.

I make it a white male. Late 30s, early 40s.
From the neighborhood.

A home-grown nutcase.
Anything else?

Guy's intelligent.
Got a pricey education.

He quotes Max Weber,
Bucky Fuller.

Definitely a loner. Self-righteous.
Thinks everyone's behind him.

How far will this guy go?

How many yuppies in Chelsea?

"Chelsea Snatcher
Will Strike Again."

Nothin' like a little terror
to sell papers.

Well, Latent got no usable
prints from the letter.

Zilch on the envelope.

Forensics says the letter's

printed on a
garden-variety bubble-jet.

Guys, in my office.

Let me lay a
misapprehension to rest.

I don't represent
the man you're after.

But you know who he is.

No. My client called me when
he saw the letter in The News.

VAN BUREN: The paper
received another one.

It said if it isn't printed
verbatim this time,

they're going after
someone else.

So much for starting
a dialogue.

My client thinks he knows the
identity of the kidnapper,

and has authorized me to
arrange a possible surrender.

And has your client authorized us to
arrest you for obstruction of justice?

I'm trying to help you people

within the confines of
lawyer-client confidentiality.

What Mr. Fetzer wants is some assurance
this individual will be given

every consideration
if he surrenders.

Let's see how much consideration
he gave the victims.

My client says
the man's disturbed.

He wants to do the right thing,

but he's concerned
the police may overreact.

Maybe your client shouldn't
worry about how we do our job.

If you want our help,
you have my number.


His client's the guy.

Go see about a search warrant
for Mr. Fetzer's office.

Oh, this is an outrage.
Those files are confidential.

Then show us the one
we're lookin' for.

It'll save you the headache
of puttin' the stuff away.

You must think
I'm not very smart.

How smart is your secretary?

On the day the story broke, Fetzer's
secretary took in seven messages.

The first one's
from Mr. Stanley.

No Stanley.

Okay. The next is, "Jack
Lee, re: court appearance."

People v. Lee.


Mr. Lee has a felony assault
charge pending in Queens.

Now, he's in Rikers.

Mr. Odell. "Please return call
ASAP." Called twice. Left a number.


Benjamin Odell v.
241 Tenth Avenue Associates.

Odell sued to stop
developers from building

on a community garden
on West 20th.

That's two blocks
from Faber's building.

We're in the right

Case is three years old.

So, why the rush?


Didn't Mr. Fetzer tell you? I am
not the one who did these things.

Yeah, you're the guy
who knows the guy.

Between us, we don't trust
you or your attorney.

I'm sorry to disappoint you,
but it's really not me.

Look, I told you where I was when
these people were kidnapped.

Yeah, we're checkin' on that. But
think about how it looks, Ben.

Yeah, we found an Odell family who
lived in Chelsea 40 years ago.

You grew up here, didn't you?

CURTIS: You own a car.
A computer.

Whoever did this
is well-educated.

Says here you got a degree in civil
engineering from City College.

I have a car, a PC and a BS, so
I'm the kidnapper. Nice try.

Then why the calls to Fetzer
the day the letter came out?

My lawsuit.

Group of businessmen
tried to pave over a garden.

That case is three years old
and dead in the water.

If the people you kidnapped
are still alive,

it's not too late
for you to help yourself.

You took 'em. Come on, Ben, say it.
You took 'em, right?

(SIGHING) The man
who did this needs help.

BRISCOE: What kind of help?

He's mentally ill.
You have to realize that.

All right.
Who we talkin' about?


Matt who?

Just Matt, for now. He's a guy I
hung out with for a few years.

Why would he do
something like this?

I told you, he's sick.
He needs help.

We can't help him
until we know where he is.

I can take you to where I think he is.
But just the three of us.

If he sees a lot of police,
he might do something crazy.

So, Matt lives in Williamsburg?

Near, yeah.

It takes guts,
doin' something like this,

especially if you go
back a ways.


So, what was it about the letter
that makes you think it was Matt?

It just sounds
like him, you know,

the way he goes off sometimes.

Rambling, with a thread of logic.
You know what I mean?

Hang a left here on Flushing.

CURTIS: So, when you say he
goes off, what do you mean?

He's done things
like this before?

No, no, nothing like this.

I mean, as far as I know,
he's never hurt anybody.

Maybe he's talked about it.

Not really.

So, what is he, some kind
of neighborhood activist?

You could say that.

Where is it?

Uh, next left. It's a trailer
at the end of the block.

For your own safety.

Go, go, go!

You bastards.

You lied to us, Ben.
The place is empty.

Sort of makes us even.

You call in the SWAT team, and
now you want us to cooperate?

If your client
knows where this guy is,

he's looking at harboring a
fugitive, maybe even obstruction.

You know, for all anyone knows,
you guys took him for a ride.


(BRISCOE ON TAPE) Where is it?

(BEN ON TAPE) Uh, next left. It's a
trailer at the end of the block.

I don't believe it.
You taped me?

Mr. Odell, I've got a bunch of very angry
cops who feel like you suckered them.

Assuming I can get my client to
trust you, what are you offering?

No, no more deals.
Charge me! I don't care!

You told us he's a
neighborhood do-gooder.

How long you think it's
gonna take us to find him?

Let's say he cooperates.

How do we know it won't be
a replay of this afternoon?

You have my word.

I can't let anything
happen to him.

How long have
you known Matthew?

He's my brother.

We checked you out. You
don't have any family here.

Matthew's not the kind of
person that's easy to find.

He lives off the radar.
But I know where he is.

Mr. Odell wants a plea
bargain of some kind

that accounts for
Matthew's mental condition.

What are we talking about?

Matthew's sick.

If those people are dead, you're
goin' for the death penalty.

If he's sick,
I'll take it into account.

I can't believe I'm doing this.

Mr. Odell, if you help us out,
I'm not going to forget it.

All right. All right.

MATTHEW: Who is it?

Con Ed.
We got a gas leak.

I don't smell any gas.

Nah, it's upstairs. But we gotta
get at it from your place.


Okay, okay.

You're not Con Ed.

Where are the people
you kidnapped?

What are you talking about?


Who sent you?
The property mongers?

Yeah, the property mongers.

They said to be sure to tell
you you're under arrest.

You have the right
to remain silent.

Anything you do say
can and will be...

A technician is searching the
hard drive on your computer.

If we find those letters,
I'm tellin' you...

They're in my
"Correspondence" directory.

And the anonymous pamphlets
we found in your apartment?

I'm not sure
what directory they're in.

Where are the bodies?

You believe they're dead?

You tell us.

I didn't abduct those people.

Then who did?

Some concerned citizen was
apparently provoked by my writing.

Hey, these people die
while we're sitting here,

you're lookin'
at the spike, Matthew.

The spike?
Lethal injection.

Twenty c: c:'s of potassium chloride
pumpin' through your veins.

You're getting yourself
all worked up, Detective.

Maybe I'll work you up.

BRISCOE: Hey, all right.

Let's start with where you were
Friday evening, around 7:00.

The Metropolitan Museum
is open late. It's free.

(SIGHING) They have
cocktails, a pianist.

It's one of the last civilized
things about this city.

You speak to anybody?

Not that I recall.

What about Tuesday morning?

I was out.

Out where?

Out and about.

ROSS: Ten officers went through your
brother's apartment and came up empty.

Then maybe it's not him.

You told the police
you recognized his letters.

I thought I did,
but I could be wrong.

What about his mental illness?

He's not violent.

During the nuclear power scare,

he crashed a car
through a fence at Seabrook.

But that was 30 years ago.


He admits writing the letters.

ROSS: That's it?

Everything else,
he's got an answer for.

If he's playing hard-ass,

this plea bargain you talked
about just doesn't sit right.

Wait a second.

Hey, those three
missing people,

there's no tellin' how
long they're gonna last.

Your brother's digging himself a
bigger hole than he started in.

I held up my end. I have
done everything I can do.

Your brother will talk to you.

No, I can't!

We're running out
of options here, Mr. Odell.

ROSS: There's an
eight-year-old kid.

If his parents are starving
to death somewhere...


I'll speak to him.

But alone, Ms. Ross.
No cops. Nothing on tape.

Guy's playing his brother
like he played us.

One flip of the switch, and we
can drop in on the conversation.

I don't think so.

He'll never know
the difference.

We're through jerking
Mr. Odell around.

(SIGHING) Yeah. Well,
how about those Knicks?


I told my brother a trial would give
him a chance to express his views.

There's a warehouse on
Conover Street in Red Hook.


Go, go, go, go!
Come on! Come on!

Lennie, Faber's over here.

Cut it.

Lennie, the Ericsons.

BRISCOE: He didn't even
bother to stash the gun.

Gomez, get Crime Scene
and the M.E. out here.

I'll call Van Buren.

And Children's Services.

His prints are on the
gun and in the van.

The letters he sent the newspaper
are saved on his computer.

If this weren't a capital case,

I'd hand it over to
one of my junior colleagues.

Slow down, Mr. McCoy.

His brother had an
understanding with Ms. Ross.

Ben Odell cooperated,

and you were not going to
seek the death penalty.

Well, he didn't have
an understanding with me.

Is that why you work together? So you
can renege on each other's promises?

I only agreed to take Mr. Odell's
mental state into consideration.

My mental state?

STAGGS: Ms. Ross said that you would take
mental illness as a mitigating factor.

A "Not Responsible" plea.

This is why my brother
turned me in?

Just listen for now,
Mr. Odell.

JACK: It's premature.

Until he's been examined
by our psychiatrists,

I can't even begin
to consider mitigation.

Under no circumstances will I be
examined by anybody's psychiatrist.

You don't have a choice.
You are wrong, sir.

I may be locked in a cage and told
what to eat and when to sleep,

but I still have a choice.

(SIGHING) Mr. McCoy, give me a couple
of days to consult with my client.

There's no need for that.

My so-called "mental state" will not
be bandied about the courtroom.

Mr. Odell.

Mr. Staggs
no longer represents me.

JUDGE BOURKE: Mr. Odell, this
court is not in the business

of providing you a new attorney

each time you change strategy.

This is not a strategy.

I've spoken to Ms. Melnick,

and she's agreed
to represent you

in accordance with your wishes.

Very well.

However misguided
those wishes might be.

Then I'm satisfied
with her services.

I'll accept that.

It's clear to me that you
understand these proceedings

and you have the capacity
to assist your lawyer.

Ms. Melnick,
you've spoken to Mr. Odell?

Yes, Your Honor. At length.

And what is your position
regarding your intent

to offer psychiatric evidence
on his behalf?

None will be offered,
Your Honor.

All right, Mr. Odell,
I'm holding you to this.

You're not playing games here.

No, I'm not, ma'am.

May 2nd. Remand continued.


JACK: I hope you know what
you're signing up for, Danielle.

At worst, front page, McCoy.

At worst, your client
is truly insane

and doesn't have the vaguest
idea what he's doing.

Come on, Ross. You heard him
answer the judge's questions.

He's as lucid as you or I.

Look, it's my ethical duty
to give him my best advice

and to present
the defense he wants.

What's your ethical duty if the
defense he wants is a death wish?

I'll figure something out.

It's your call, Adam.

I was fully prepared
to consider mitigation.

Odell threw it back in my face.

You can't treat him
like any other defendant.

Maybe Matthew Odell shouldn't be held
responsible for his own obstinacy.

Too crazy to say he's crazy.

Or realize it.

I don't buy it, Jamie.
This wasn't some random act.

He says he's a terrorist.
I believe him.

What about the agreement
I made with Ben Odell?

He ratted out his brother
on my handshake.

Yeah, right.
But Matthew Odell

doesn't want any part
of your agreement.

I don't want to be perceived
as indulging this man.

I read his files.
He is crazy.

He made his bed,
let him sleep in it.

So, Matthew Odell gets a lethal
injection as a public relations move?

This office doesn't play
patty-cake with serial killers.

Ms. Ross, it says you're
seeking the death penalty.

Matthew tied our hands.

Well, how can he control
this thing? He's sick.

We can't even examine him. He won't
consent to a psychiatric defense.

Can't you talk to his lawyer?

Your brother calls the shots.

So, you're just gonna convict
him and execute him?

That's up to a jury.

Well, what if they
think he's crazy?

Your brother won't
allow any evidence

at his trial concerning
his mental state.

So, you lied to me, Ms. Ross. You
are just going to let this happen.

The great American
justice system.

A lunatic is sending himself
to the death chamber.

Nobody tries to stop it Everybody
just helps push the buttons.

I sold out my brother
for nothing.

Matthew Odell killed three people.
Ben Odell feels guilty.

There's nothing
we can do about it.

Yeah, well, the next time Van
Buren calls, you go down there.

Melnick's moving to suppress all
evidence seized at the warehouse.

On what grounds?

Matthew requested counsel before he
gave up the location of the bodies.

Says who?

Brother Ben.

BEN: Matthew wasn't
giving any information.

Detective Briscoe and the Lieutenant
asked me to help them out.

MELNICK: Help them
out in what way?

To go into the room where Matthew
was to try to get him to talk.

I see.
Whose idea was this?

The police. I had no idea they'd
even let me talk to Matthew.

But you agreed to do it.

They sounded desperate.

They thought the missing
people might still be alive.

So, I told them I would talk to
Matt, but I wanted to do it alone.

Yes. And what happened
when you went in there?

I told Matt if he knew
anything about these people,

there was a D.A. outside,

Ms. Ross,
who'd agreed to help.

That's when
he asked for a lawyer.

He wanted legal advice before
he would give any information.

Of course.
And how did you respond?

I told him there wasn't time.

If he wanted his side of
the story to come out,

it would be better for him to
cooperate, and Ms. Ross wanted to help.

And that's when he disclosed
the location to you?


No further questions.

Did you ever tell the police that
your brother had requested counsel?


You ever tell anyone?

Not till I met with Ms. Melnick
and went over everything.

Was that before
or after you had

talked to Ms. Ross
on the street?


After you had found out that we
would seek the death penalty

against your brother?


And you had previously
talked to Ms. Ross

about the possibility of not
seeking the death penalty?

That's what she promised, because I
told them where to find my brother.

Just so we're clear,
Mr. Odell,

you never came forward about
your brother wanting a lawyer

until after you felt
you had been double-crossed?

That was the timing, yes.

No further questions.

But it's the truth.
Matt asked me for a lawyer.

Your Honor, once a suspect in custody
asks the police for an attorney,

interrogation must cease.

The only question now
is whether Benjamin Odell

was acting as an agent for the police
when he questioned his brother.

Mr. Odell only agreed
to speak to his brother.

The police never
told him what to ask.

They might as well have.

The conversation was
instigated by the police

to further a police objective.

JACK: There were
three people missing.

The police weren't necessarily
looking for a confession.

Even if Your Honor
were as naive

as Mr. McCoy seems to think
you are, it doesn't matter.

Matthew Odell
requested an attorney

before he incriminated
himself, Your Honor.

Therefore, his statement and
all the physical evidence

found at the warehouse
have to be suppressed.

For all we know, Ben Odell
concocted this allegation.

There's nothing
to corroborate it.

That's because the police
sent him in there alone.

That was his choice.

Yes, and the police
went along with it.

Your Honor, this is payback by
the brother of the defendant.

You must view it
with skepticism.

Ben Odell turned his own brother
over to the police, Your Honor.

Surely it's illogical to think that he
would lie to undo what he already did.

He would if he thought
the conditions

for turning his brother in
weren't being honored.

I'm sorry, Mr. McCoy.

The police
and the District Attorney

sent Mr. Odell in
to do their work.

If he's their agent, they have
to live with his credibility.

I'm granting the motion.

The statement
and the physical evidence

discovered at the
warehouse are suppressed.


Thank you, Your Honor.


No bodies, no gun.
Any evidence left?

Not much. Judge Bourke
did a number on our case.

Matthew Odell is the
author of the letters.

We found the files
on his hard drive.

He wrote letters. That doesn't
prove that he killed anybody.

The language he used
is an admission of guilt.

It's a passable
circumstantial case.

Then pass along the plea offer.

Make it worth their while. All I
need is for this case to tank.

If I was Melnick, I'd throw a plea
offer right back in our face.

Did Briscoe and Curtis get anything out
of Odell before his brother went in?

A lot of attitude
and a slippery alibi.

The museum.
Anybody check it?

Evidence of a false alibi?
Admissible to prove guilt.

We had more than enough
evidence. We didn't need to.

Now we need to.

Friday night, 6:00 to 9:00.
Classical music, wine.

They rotate the gallery
every week.

March 11th,
Greek and Roman sculpture.

You recognize him?

Nice mug.

Can't say for certain.

Maybe one of your guards could.

Possibility. We had a
crowd here that night.

A special exhibit?

Let's see. Special Musical
Guest, the Osaka String Quartet.

Your client gave a false alibi.

He specifically told the police he
was there to enjoy a piano concert.

So, you're going
to convict a man

based on the musical lineup at
the Metropolitan Museum of Art?

And the letters, and his van leaving
the scene of the second abduction.

Let me get this straight.

You guys are buying me lunch to preview
your opening statement tomorrow?

ROSS: It's a winnable case.

Odell takes the plea, he
avoids the death penalty.

You turning soft on me, Jack?

You know I'm a sucker
for an execution.

I'm just here
for the tortellini.

I'm sorry, Jamie, but I have
a very difficult client.

You have a client who's too disturbed
to understand his options.

I have a client who is bright and difficult.
It is a lethal combination.

(SIGHING) Just take
one last run at him.

You're wasting your breath.
Odell's a kamikaze.

He thinks what he did
is a political act,

and he is prepared to
take this to the end.

To a gurney in Green Haven?

(SIGHING) I suppose a zealot's
prepared to do that, too.

I'll do my best
not to disappoint him.

We'll put Curtis on
first, then Ridley.

She'll be here
for prep at 2:00.

The blow-ups
of the Odell letters?

The Engineering
Department promises

they'll be in
the courtroom by 2:15.


You make
your opening statements?

I did.
Melnick passed.

I'll take that as a sign
she's got no case.


I know I'm early, but there's
something I thought you should see.

It was hand-delivered to the
paper about two hours ago.

Matthew Odell's
psychiatric records.

Allentown State Hospital, 1983.

There are three
separate hospitalizations.

Odell waived a psychiatric
defense months ago.

You don't understand,
Mr. McCoy.

We're running the story
in tomorrow's edition.

We're going to
excerpt these reports.

Odell's brother leaked these
reports to influence the jury.

His motivation
is not my concern.

It should be. If you print
it, the jury will see it.

Our lawyers say we're on solid
First Amendment ground.

Forget the legal niceties. It's
irresponsible, and you know it.

Look, I could have just kept my
mouth shut and ran the story.

I brought it to you
as a courtesy.

I appreciate it.

Your testimony will be delayed.

I'm asking Your Honor to
immediately sequester the jury.

Once this information
is published tomorrow,

it will undoubtedly find its
way into the jury room.

Your Honor, the stress
of a capital case is enough.

Surely these people don't need to be
locked away in some hotel for two weeks.

It is an extraordinary
request, Mr. McCoy.

In response
to a guerrilla tactic,

probably conceived by the defendant's
brother, to poison the jury.

Come on, Jack. What are
you afraid of, the truth?

What truth?
What truth?

What, do you think this man
is playing with a full deck?

Mr. Odell had
every opportunity

to put his mental state
before the jury.

He's not getting it in
by the back door.

Fair enough.

I'll give the jury a strongly
worded cautionary instruction

to avoid all media reports
concerning the case.

Human nature being what it is,

that's an invitation
to do the opposite.

Is this really such a hardship
on the jurors, Ms. Melnick?

Your Honor, this is a hardship.

They don't even have a change
of clothes or toothbrushes.

JUDGE BOURKE: Ladies and
gentlemen, I'm sequestering you

for the remainder of the trial.

The reasons
shouldn't concern you.

But we'll adjourn for the day so that court
officers can transport you to your homes

to collect your belongings
for an extended stay

at one of the area's finer
lodging establishments.

Actually, a motel
near LaGuardia Airport.

Full speed ahead,
huh, Mr. McCoy?

I'll give you
the benefit of the doubt

about your brother's
request for a lawyer,

but this is inexcusable.

If it weren't for him, you
wouldn't be trying his brother.

Did you put him up
to this, Danielle?

Did I put him up to... Are you
accusing me of misconduct?

Take it to
the Grievance Committee.

Where do I go for
what she did to me?

This isn't about you.

This is about your brother
and the people he killed.

I realize what my brother did.

Then stay out of my way.

You win, Mr. McCoy.

If you're so eager to execute
a pathetically unstable man,

I guess there's nothing
anybody can do.

MELNICK: Ben. Ben!

Has the jury reached a verdict?

we have, Your Honor.

Will the defendant please rise?


I'd prefer to sit.

Mr. Odell.


Let him stay.

On the first count
of the indictment,

Murder in the First Degree,
how do you find?

We find the defendant,
Matthew Odell, guilty.

One the second count
of the indictment,

Murder in the First Degree,
how do you find?


On the third count
of the indictment,

Murder in the First Degree,
how do you find?


We're adjourned until Thursday
for sentencing proceedings.

The jury will
remain sequestered.


ROSS: Melnick called.

Odell won't let her
bring in any evidence

of mental illness during
the sentencing phase.

ADAM: She agreed?

Claims she doesn't
have a choice, ethically.

Legally assisted suicide.

ROSS: You could withdraw your
request for the death penalty.

He's manipulating the system.
Sowing issues for appeal.

I made a commitment
to Ben Odell.

What kind of commitment?

We wouldn't even have this guy
if it wasn't for his brother.

I told him if Matthew
Odell was mentally ill,

we'd consider it.

Matthew Odell says he's fine.

I back off now, some defendant

down the road
pulls the same stunt.

What if it isn't a stunt?

That's for the judges
in Albany.

His psychiatric history won't
even be in the trial record.

And that's for his lawyer. Do your job.
Let the next guy do his.


Nice try.

Politics. He's sacrificing
my credibility.

And it gets worse.

Your old friend Charlie Harmon

just moved for bail,
pending appeal.

He's dreaming.

I still have to appear in the
Appellate Division tomorrow.

You can oppose it on papers.

It's better if I
oppose it in person.

What about Odell's
sentence hearing?

That's in your hands.

BEN: Matt's 10 years younger.

Our mother died
when he was two or three,

so we were raised
by our father.

Our dad never really
had much time for us.


What about your brother's
educational background?

Matthew was the smart one.

Graduated Princeton in three years.
Majored in philosophy.

Then he went to Harvard for
graduate work in urban planning.

Can you tell us about
Matthew's work history?

Not that much.

I know that Matt had a job in
Boston while he was at Harvard,

but I don't remember what.

That's around the time
we started to grow apart.

Well, do you know how he supported
himself here in New York?

Our father left us a small
inheritance when he died in '91.

Maybe Matt got some kind
of a government check.

I don't know.

Did he have a job? I mean,
what did he do here?

He got involved in
neighborhood causes.

Community groups, rent strikes.

It was all constructive.

I even helped him
a few years ago

by filing a suit
against some developers.

Why did you do that?

I thought it might bring us closer.
It didn't help much.

Did Matt have any other family besides you?
Did he have close friends?

I don't know.

He used to talk about getting
married, having kids.

But then, I think
he lived by himself.

I'm sorry for what my brother did.
That's all I can say.

I'm sorry.

Thank you, Mr. Odell. No
other questions, Your Honor.

Who turned your brother
in to the police?

I did.

Because you believed he was
responsible for these kidnappings?

The letters in the paper
sounded like him.

And those letters
threatened violence?


Against innocent people?


And you were worried if your brother
was the author of those letters,

that he was a danger to others?

I guess I was.


Why were you concerned,
Mr. Odell?


Because of Matthew's
mental instability.

Objection! Objection!

Sit down, Mr. Odell.

Mr. Odell, could you please
explain to the jury

what you mean
by mental instability?

She can't ask that!
I won't allow it!

I'm not your lawyer.

Do something!

The question
is permissible, Mr. Odell.

Sit down
or I'll have you removed.

Answer her question.

When Matt
was in his late teens,

he started deteriorating

In his 20s, he was in and out
of psychiatric hospitals.

I'm not crazy!

1975, 1983...

You can't tell 'em that!
No, no!

Mr. Odell!

There were doctors' reports.

He would fixate on some injustice
that had some germ of truth.

Then I'll tell them!

I am not mentally ill!
Order in the court!

Don't believe a word of it!
Mr. Odell, please!

I have an IQ of 163! They
don't want you to know that!

I'm as sane as anyone
in this courtroom!

Take him out.

You did this to me, you Judas!
You betrayed me!

Your own flesh and blood!
Your own flesh and blood.

Are you disappointed the jury
came back with a life sentence?

I won't second guess a jury.

I'm satisfied Mr. Odell will no
longer pose a danger to our citizens.

ROSS: Think I'll still
have a job tomorrow?

I wouldn't worry. Adam got to look tough.
That's what matters.

How did Harmon's
bail application go?

Uh, fine.

Lucky thing you needed to be
there, right, Jack? Thanks.

You two take
a lot of liberties.