Quincy M.E. (1976–1983): Season 7, Episode 5 - D.U.I. - full transcript
Quincy gets involved in an anti drunk driving campaign after a tough case involving a pedestrian being killed by a prominent lawyer-with a surprising twist.
You're the one who got stinking
drunk and killed an innocent man.
The courts do not
punish drunk drivers.
They just keep turning them
back out onto their highways
to keep maiming and killing
just like Preston Claymore.
You won't prosecute, the
judges and juries won't convict...
Claymore is clean.
If it's the last thing I do I'll
see that that man rots in jail.
You're gonna have a hard time
finding a jury that'll convict me.
What is the worst the
Judge can give him?
I'd say two years
probation and a $355 fine.
Well I'm gonna see
if I can raise the limit.
Gentlemen, you
are about to enter
the most fascinating
sphere of police work,
the world of forensic medicine.
If you're in such a
hurry, go around me!
What are you gawking at!
Let me through here, please.
Call an ambulance!
The paramedics...
I don't think the paramedics
will be any good
for this man, lady.
Got it all straightened
out, huh, Quince?
Straightened out?
Have you ever argued
with a credit card computer?
Well, not intimately.
It's like talking with
Asten about the budget.
Quincy, have you stopped
to figure out how much time,
money and aggravation it's
cost you so far to fight them?
You don't think I'm
gonna pay it, do you?
Coffees cold, Sam!
You think I would know
if I spent $55 on lingerie
from a store called Serena's
Secret Closet, wouldn't ya?
Well, I guess what you do on
your own time is your business.
Very funny. Make a
pot of coffee hot, will ya?
Okay.
I didn't see him. I
didn't even see him...
I killed him, Cheryl.
I killed a man.
It was an accident,
Pres, you couldn't help it.
Don't torture yourself, please.
I shouldn't have been driving.
Damn! Damn! Why was I driving?
Do you know? Who?
Do we know who he is?
Who he was?
Did he have a
family? Children...
We don't know yet.
Mr. Claymore, looks
like we'll have to get you
into the treatment
room for a few minutes.
What's wrong, Doctor?
Oh, nothing too serious.
Your husband's
knee took quite a blow.
Probably banged it against the
steering wheel or the dashboard.
It doesn't even hurt...
Well, it will when
the shock wears off.
Now you've got what
we call a hematoma.
The blood vessels around
your knee are ruptured
and all the blood is trapped
under the skin around the joint.
What do you have to do?
Well it's really a very
simple procedure.
We use a local anesthetic, insert a
needle and draw off the excess blood.
Believe me, it's a
very routine procedure.
Okay, Doctor,
whatever is necessary.
Fine. I'll have a nurse
bring a consent form.
Here's your blood
alcohol, Doctor.
Fine. Uh, thank you.
Now, would you get a surgical
consent form for this patient, please?
Thank you. Yes.
Point two-one
blood alcohol level.
This guy was so smashed
it's a wonder he could sit up,
much less drive a car.
Obviously he couldn't
do either one very well.
These lousy drunks!
I wish there was
some way to stop 'em,
get 'em off the road
once and for all.
Well, we do have laws against
it. But that's your department.
All I know right now is that he
needs some treatment for his knee
and that's my department.
Now we can do it here or you can
arrest him and transport him to county.
Might as well leave him here.
A guy drivin' a Rolls
isn't gonna jump.
Go ahead. We'll let
the D.A. handle it.
Okay, I'll make
the arrangements.
Mr. Claymore, the Doc tells us
you need to get some surgery,
so we're gonna leave you here...
I see. Well, thanks.
Are you going to file a
complaint application?
That's right. You a lawyer?
Yes.
Uh, may I ask what you're
going to file on the application?
Yes, sir, a VC 23101
and a 192.3.
What's that?
That's driving under the influence
and causing death or injury,
and vehicular manslaughter.
I didn't see him, I
didn't even see him.
Would you have been
able to stop if you did?
Would it help at all if I told
you just how sorry I am?
It might help you but it
won't help Mr. Leventhal.
No chance.
That's a severe cranial trauma.
Yeah.
When his head hit the sidewalk,
his skull shattered like an egg.
That must have really
slammed into him.
According to the police report it
was just moving away from the curb.
It couldn't have been
moving very fast.
It was a Rolls Royce, wasn't it?
Yeah.
You're right, it couldn't
have been going very fast.
A heavy car like that
packs a lot of inertia.
Takes a while to get it going.
Let's see.
Blood alcohol
level was zero-zero.
Good. Thanks, John.
Sure.
Well at least we
know Mr. Leventhal
was cold sober when
he stepped off the curb.
Hmmm. Take a look at this, Sam.
Yeah, there's some reddening and
inflammation of the duodenal lining.
Well maybe he had some cramps.
You know, felt real sick and
wasn't paying attention to the traffic.
He might have stepped off the
curb right into the path of the car.
Could be.
Better prepare some smears of
the GI contents. Let's find out for sure.
That will tell us if
there was any infection.
Maybe he was in pain
to the point of distraction.
Let me know as soon
as you find out anything.
Okay, I'll get right on it.
Quincy, are you through
with the Leventhal case?
Yeah.
Listen, Mrs. Leventhal
is waiting upstairs
to sign the papers
to release the body.
Would you mind talking to
her until they're prepared?
Sure, I'll see her in my office.
Well, it's just what
we expected, huh?
Yeah, one more victim,
just another statistic.
Mrs. Leventhal, are you sure I
can't offer you something? Coffee?
All you can do is tell me why...
Why, Doctor?
One minute he calls and says he's
gonna be a few minutes late and then...
Then all of a sudden,
out of the blue...
I'm afraid there are no
answers, Mrs. Leventhal.
These accidents are
so cruel, so unnecessary.
It wasn't an accident!
It couldn't have
been an accident!
Arnold is a...
Was. He was such
a careful person.
Cautious, that's what he was.
Always wore his seatbelt
when he was driving.
Made me wear mine, too.
He would say, "You never know
what kind of maniac is out there.
"Better safe than
sorry", he always said.
Why am I doing this to you?
It's all right, really it is.
Was there something
you wanted me to sign?
The papers are being prepared.
What am I going to do?
What do I do now?
Please, help me.
Mrs. Leventhal, sometimes
it helps to talk to someone
who has gone through the
same grief you're going through,
I wish you would see that woman.
Who is she?
Her name is Iris Chappel.
She runs a group especially for
families of drunk driving victims.
She will help you, she understands
what you're going through.
Understand?
How can anyone
understand how a man...
A vigorous man
can be so alive and
thoughtful one second
and the next second...
He's, he's dead, just like that.
Killed! By some drunk driver
that comes out of nowhere.
Yes.
Yes. Sam, are you sure?
Okay. But do another test on
the specimen just to double check.
Yes, she's' still
here. I'll ask her.
Bye-bye.
Yes. Is it about my husband?
We found a tiny, tiny protozoan
organism in his intestines.
Now just about
everybody picks it up
who goes to Mexico
or the Caribbean.
When was your husband there?
Dr. Quincy, my husband's
never left this country.
Never.
Yes. Mmm-hmm.
Dr. Quincy, I think
she's here right now.
Yes. Mrs. Leventhal?
Come on, in.
Thank you. Please, sit down.
I'll be with you in a minute.
Mrs. Chappel?
Please, call me Iris.
Iris. Thank you.
I... I'm Marsha Leventhal.
Dr. Quincy didn't tell me...
My legs? Courtesy of the drunk
driver who hit me two years ago...
And killed my son.
Oh my God, oh, I'm so sorry.
Thank you, but we should
be talking about your problems.
Can I get you a cup of coffee?
No, no thank you.
I...
Well, to tell you the truth, I
really don't know why I'm here.
I mean...
My husband was just killed
And I... my feelings...
I mean, I'm just so
damned confused and...
And angry!
So angry you'd like to strangle
the man who killed your husband?
Yes. Yes!
He had no right!
Arnold never had a
chance, not one chance!
But he'll pay.
If it's the last thing I do I'll
see that that man rots in jail.
Mrs. Leventhal...
Marsha, I've been involved
in dozens of cases like yours.
I have to tell you right now,
that the man who
killed your husband
will probably never
serve one day in jail.
Not one day.
Come in.
Have a seat. I'll
be right with you.
Mr. Claymore, Mrs. Claymore,
before we begin, as the
DA assigned to this case,
I just want to go on
record again as strongly
advising you to hire
an outside counsel
to represent you in this case.
I have to do this myself.
Well, you know the old adage...
You mean, an attorney who
defends himself has a fool for a client?
You said it.
Pres, maybe
Mr. Burns has a point.
Maybe we should...
No, no, no. This is my
responsibility. I have to do it myself.
Mr. Burns,
my husband has been under a
terrible strain since the accident.
Can't you make him...
That's enough, Cheryl.
We've discussed this,
Please, let's get on with it.
All right, according to
the police report here,
your actions clearly
showed gross negligence
and a wanton disregard
for the life of Mr. Leventhal.
So, we're charging
you with driving
under the influence of alcohol,
causing death and vehicular
manslaughter with gross negligence.
Wait a second. Two counts!
Aren't you being a
little rough with me?
Rough?
Rough?
You're the one who
got stinking drunk
and killed an innocent
man, counselor.
Don't you think I
know what I did?
Don't you think it's been
a living hell with me...
Over and over in my mind...
The nightmares,
the pain that I feel.
You should have thought
of that before you got loaded.
All right. All right.
Uh-huh. It was a mistake.
It was a gross misjudgment.
Okay, it was stupid.
But is that reason
enough to crucify me?
I'm not trying to crucify you.
I'm just trying to get a little
bit of justice in the world.
Yeah. Justice?
It was an accident!
Now you're trying
to ruin more lives.
You send me up,
my family suffers for an accident
they had nothing to do with.
Well what about his family?
They're suffering for something
they had nothing to do with.
Well what do you want me
to do, Claymore? That's right.
Drop the charges?
Shake my finger at you and
let you just waltz out of here?
Of course not.
But I am asking for
a little compassion.
Now, is that too
much to ask for?
Compassion?
Just how do you see this
compassion meted out to you?
Let me plead down
to a lesser charge.
Like what?
I don't know, plead nolo.
A misdemeanor 101.
Oh that's nice, very nice.
You drop the felony charges,
we drop the vehicular
manslaughter charges
and you plea to a misdemeanor?
Burns, I am just asking
you to see my point.
Now, would putting me away
help that poor man or his family?
What if I don't buy this?
Then I'll plead not guilty,
and let a jury decide.
Uh-huh.
And, Burns, let me tell you,
this is my first...
my only offense.
You're gonna have a hard time
finding a jury that'll convict me.
And that's if It
even gets that far.
Well, I'm not saying there's
no room for compromise,
but you're gonna have to give
me something to take upstairs.
I know.
I know, I want
to pay restitution.
Funeral expenses.
I wanna pay, I wanna
help. I don't wanna go to jail.
You can understand that.
Mmm-hmm.
Well, I'm not making
any promises here,
but I'll take it upstairs
and see if they buy it.
That's all I can ask.
Mr. Burns, I... uh...
Well, thank you.
Thank you very much.
You know, whether you
believe me or whether you don't,
what you're doing is
the right thing to do.
No it's not, it's just
the only thing I can do.
Yeah.
Yeah.
Yeah, Iris.
Sure, if it's important.
I'll meet you at Danny's, at
the marina in half an hour,
I'm on my way.
Where you goin', Quince?
I'm on my way to
see Iris, at Danny's.
Well you better cancel.
Asten wants to see you.
I can't cancel it. I told her I'm
on my way. What does he want?
I think about the
expense account
you turned in on
the Riverside case.
I knew he was gonna
bawk about that.
Can I help it if it took three
lunches to break that waitress down?
Break her down?
Get the information
I needed from her!
Oh. Well what I tell Asten?
Tell him anything,
he'll believe anything.
I'll believe anything
but $112 for lunch.
- You see.
- I wouldn't either.
I told you, she was a tough
customer. It broke the case, didn't it?
Yeah. It also broke petty cash.
Look, I don't have
the time now. Zero...
When I get back, I'll
explain everything.
Where are you going?
Another lunch? I
got a luncheon date.
Another lunch? Yeah.
I wish you'd told me. Yeah!
I'll ask for a special
appropriation.
Oh, I'm so glad
you could meet me.
Fine. How are you?
Listen, how do you get
this thing down there?
Like porcupines make
love. Very carefully.
Quincy, can I be
of some assistance?
Yeah, give me a hand.
So, you must be Danny, the
owner of this, establishment.
At your service.
Huh? Well, not at
my service enough!
Do you know what year this is?
Yep. Is this a quiz?
And I'm even gonna
give you the answer.
This is the UN's International
Year of the Disabled,
which, in case you haven't noticed,
I am a card-carrying member.
So, as owner of this eatery,
how's about putting a ramp
in for us less mobile types?
A ramp? I never
really thought of that.
That's the problem.
Most people don't.
I will... do something about it!
I promise.
Thank you, Danny.
What can I get for you?
Okay. They got great
hamburgers here.
Two burgers, only cook
'em this time, will you?
And some iced tea, please.
Iced tea?
That's better. I'll
have a white wine.
White wine?
We're not against
drinking, Dr. Quincy,
Just drinking and driving. I'm
not a crusader against alcohol.
I know but it does surprise me.
Dr. Quincy, do you know
why I'm in the activist biz?
Well, I know your son was killed
in that accident
that paralyzed you.
Two years ago. But
that's not what did it.
I got involved because the woman
who killed Jonathan
and crippled me
only spent forty-five
days in a county jail.
She had five prior
drunk driving convictions.
Convictions, mind you, yet she
was driving on a valid license.
Three months later she's
back out onto the highway.
She runs a red light, runs
into a car carrying two children.
Luckily, they weren't
hurt too badly.
I want them to stop turning
them back onto the highways.
I don't understand
how they can do that.
Neither do the courts or the
D. A. or the state legislature.
And that's why I need
your help so badly.
Me? What can I do?
You work for the county.
You could talk to Jim Burns,
the D.A. handling
the Leventhal case.
Talk to him about what?
About not letting
Preston Claymore
plea bargain his case
down to a slap on the wrist.
But I don't know if I can
help... Thanks, Danny.
Dr. Quincy, how many
autopsies have you performed
on drunk driving victims?
Too many to count.
Your department autopsies around
ten drunk driving victims a week.
That's over five hundred
a year just in this county!
That's just the
tip of the iceberg.
Let me tell you something
that'll curl your hair.
In this country, 70 people a day
are killed in drunk
driving crashes,
that's one person every
twenty-three minutes,
seven days a week,
52 weeks a year.
That's over 25,000
people a year.
And it's getting worse
because the courts do
not punish drunk drivers.
They just keep turning them
back out onto their highways
to keep maiming and killing
just like Preston Claymore.
Here you are, two
wonder burgers.
Yeah, it's a wonder if
you can digest them.
You sure you cooked
these. It was awfully fast.
Oh stop with your doctor jokes.
I serve 'em, you eat 'em.
When we finish these burgers,
we're gonna go see Mr. Burns.
I'm gonna cram those
statistics right down his throat.
Oh, thank you.
Come on, Quincy. Please.
Give me a break, will you?
What do you want me to do? My
boss has already agreed to his plea.
You can still throw it out and
prosecute to the limits of the law.
Iris, come on,
you've been around
long enough to
know the realities.
Believe me, nothing would
give me greater pleasure
than to see
Claymore behind bars.
But, the public doesn't want it.
I don't believe that.
Look, Claymore has no
previous drunk driving arrests.
He's an upstanding family man with
a solid reputation in his profession.
He's demonstrated anguish
and remorse for his deed
and he will probably
never drink and drive again.
So, you're locking the barn
after the horse has been stolen?
What difference does that make?
I'll tell you what difference.
The jurors are average people
who, at one time or another,
have all been
intoxicated and driven.
Now they look at
this man and they say,
"There but for the
grace of God go I."
Do you think honestly
they're gonna convict him?
Terrific! You won't prosecute,
the judges and
juries won't convict...
Like the problem doesn't exist.
No. No. No.
You've got it backwards, Quincy.
It's not that the
problem doesn't exist.
See, the problem's
too big for our system.
Last year we convicted
308,000 drunk drivers in this state.
But our best
estimate, only one in
2000 drunk drivers
is ever arrested.
And you multiply that out.
We're talking about six
hundred million drunk drivers
on our roads every year.
Of course, most of
those are repeaters.
Some of them drink and
drive every day of the year...
Some just on weekends...
And some, like
Claymore, just once.
Now what do you want us to do?
Arrest 'em all,
put 'em all in jail?
Yes! Absolutely yes!
Oh yeah! How the hell
are we supposed to do that?
We don't have enough jail
cells in the state for all of them.
Then we'll build more.
How are you gonna pay for it?
Ah, the final cop out.
Money.
But not this time, Jim.
Did you ever hear of
the 'Nickel A Drink' Law?
We have to pass that law...
We have to tax
bars and restaurants
five cents a drink for
every drink they sell
and that alone will raise
enough money in this state
to build all the
facilities we need.
The Nickel a Drink
Law will raise enough
money for increased
law enforcement,
for educational programs,
for a victim's indemnity fund
with a ton of money left over for
alcoholism rehabilitation programs.
Yeah. A good law.
You think those jokers in
Sacramento are gonna pass it?
Why not?
Well, who do you
think are the major
contributors to our
esteemed assemblymen
and state senators
campaign funds?
Bingo! The liquor industry.
Holy mackerel.
Okay, let's get
back to Claymore.
What are we gonna do about him?
It's not much...
But I could ask for a
sentencing hearing.
It's a long shot. But if we could
prove by Claymore's actions,
that he showed a willful
and callous neglect
for Mr. Leventhal's
life, and his family,
maybe, just maybe,
we could get the judge
to come down on
him a little harder.
How you gonna prove that?
Hey, don't throw
that back at me.
That's what I've
been saying all along.
But whatever we're
gonna do, we gotta act fast.
Because, Claymore is gonna
enter his plea in 48 hours
and if I read him right,
he's gonna request
his sentencing as
soon as possible.
And then he's home free.
You got that right.
Do you have anything to
add to the plea, Mr. Burns?
Mr. Claymore? No, Your Honor.
No, Your Honor.
Do you waive a full
reading of the complaint?
So waived.
All right then... Preston
Arthur Claymore,
complaint number
683831, in count one,
you're charged with the
violation of Vehicle Code
23-101 in that on
the day specified,
while under the influence
of intoxicating liquor,
you did willfully and
unlawfully, drive a vehicle
and proximately caused the
death of Mr. Arnold Leventhal.
To that charge, a
misdemeanor, how do you plead?
No contest.
The plea of no contest,
a violation of V.C.
Section 23-101 as charged
in count one, is entered.
The record will reflect
that the defendant
waived his right
to trial by jury
and his other constitutional
rights by indicating to the court
that the plea is
voluntarily made,
that he understood the nature
of the offense and consequences
of entering the plea.
Your Honor, in the
interest of justice,
the People move for a
presentencing hearing.
Your Honor, the District Attorney
never indicated such a motion
in our earlier discussions.
I ask ah, that the
motion be denied.
Mr. Burns, this case seems
to be pretty routine to the court.
Are you prepared to present
witnesses or salient information
that would substantially alter
the Court's view of this case?
Yes, Your Honor, we are.
In fairness, then, the
Court will grant the motion.
Say, ah, nine o'clock,
Monday the 11th.
Ah, Your Honor,
that's less than a week.
Mr. Burns, you
indicated that the People
were prepared to
present new information.
Did I hear you wrong?
Ah. No, Your Honor, ah...
Monday the 11th
will be just fine.
Mr. Claymore?
Monday the 11th will be fine.
Presentencing hearings,
judgment and sentence,
Monday the 11th,
nine o'clock a.m.
Any objection to this procedure
on behalf of the People?
None, Your Honor. No.
All right. So done.
Court is recessed
until two o'clock.
Quincy, I don't
know why I let you
talk me into asking
for this hearing.
I'm the one who's
gonna get crucified.
No we're not! We got
a week haven't we?
A week?
Now I'm gonna go
through all of my files,
I'm gonna get all the data I
can on drunk driving deaths.
When I present it to the Judge, he's
gonna have to give Claymore the max.
Burns, tell me the truth, what is
the worst the Judge can give him?
The worst? One year
in jail and a $5000 fine.
But you know as well
as I do, that on a first
conviction, nobody
gets the worst.
Nobody.
What's your guess?
Right now? I'd say two years
probation and a $355 fine.
Oh, God, no...
$355... That's what
it comes down to?
A man is killed
by a drunk driver...
He's taken away from his
family and all his life, all he was,
all it's worth is $355 dollars?
Not much of a trade-off, is it?
Well I'm gonna see
if I can raise the limit.
Denial, bargaining, anger,
depression, acceptance...
Now, this is where you
are, Dan, right here, denial.
I'm not denying anything.
It's just that I would know if I
was an alcoholic and I'm not.
Why did you chose to
come to this program?
It was either here or
ten days in the can.
Yeah, but you had three drunk
driving arrests in the last 18 months.
Three, count 'em, three.
And you're gonna
still drive drunk.
Until you kill yourself
or somebody else.
Is that what you're looking for?
No, I don't want to kill nobody.
It's just that those pills
you give me make me sick.
They only make you
sick because you take
them while you're
having a drink, right?
Now look, Dan,
you have a disease...
It's called alcoholism.
And because you have that
disease, you cannot drink.
We've all been there,
right, gentlemen?
We know what
you're going through...
Relax, Dan.
All right, let's break
up the meeting.
Next week, one o'clock.
Meet me at the bar
across the street...
Thanks for letting me sit in.
How does it look for him?
Oh, he's one tough
nut, Dr. Quincy,
but we'll crack him.
Yeah... How about some coffee?
He seemed pretty resistant.
Well, it's either us or jail.
You know, Dr. Quincy,
we alcoholics go
through a lot of denial...
Ironically, it's part of the pattern,
you know, part of the disease.
So all alcoholics have patterns?
No. More like the disease
has a pattern that we fall into.
Sit down.
By the way, the man you
wanted me to check on, Claymore?
He doesn't seem
to fit the pattern.
Not that I know of. Nothing?
I asked my friends at the
D.M.V., the Sheriff's office,
the surrounding A. A. chapters.
If this man is an alcoholic,
he sure breaks the mold.
Could he be a
periodic heavy drinker?
Same thing. You see,
Claymore's what? 48?
Yeah.
He's lived and worked
in the County all his life,
yet, he doesn't have a prior...
He doesn't even
have a parking ticket.
But he's a smart lawyer. He
knows how to get out of those things.
Okay, so he's a smart
lawyer, even smart
lawyers can't gab their
way out of every jam.
Let's say he was picked
up for drunk driving,
even if he pleads
down to reckless,
there still has to
be a record of it.
Blind drunk at 11
o'clock in the morning!
I'm sorry, Dr. Quincy.
The man has no prior
records. He has no pattern.
Claymore is clean.
Maybe he's not so clean.
You need me for anything?
No.
Good night Danny, John...
You going home
alone? Good night.
Johnny. Yeah.
You walk her to
the car, I'll lock up.
Sure thing.
See you tomorrow.
Hello. Hi.
And good-bye.
What's with the bobsy twins?
We're all ready to close.
Quincy, come back tomorrow, eh.
No. No, I don't
wanna buy a drink.
I need a favor.
You don't wanna drink
at two in the morning.
Why doesn't that surprise me?
I need some
information on somebody.
You want information,
buy an encyclopedia.
Will you stop with the jokes.
I couldn't resist.
All right, who is he?
His name is Preston Claymore.
Yeah. That's a
heavy weight attorney.
So why don't you check
him out with the cops?
I did. Monahan couldn't
dig anything on him.
I even went to Tatini in the
alcoholism program. Nothing!
So what do you want from me?
Well, you know a
different kind of people,
different contacts, you know...
You know, off the
record, that kind of thing.
Do I look like one of these?
No, but your old roommates do.
Hmmm... Okay, I'll look him up.
Listen, I'm hungry.
Now let's get out of here.
Yeah, sure... You
got anything to eat?
Oh, great.
I'll drop you off at
an all-night diner.
No, thanks. Anybody
want some coffee?
No. I wanna get
back to the office.
Danny's gonna call soon.
What do you expect from him,
some kind of miracle or something?
I don't know why I let
him talk me into this.
We don't need a miracle,
all we need is the truth.
I'm telling you, there's something
not right about Claymore.
Oh, great. Tomorrow
I'll tell Judge Rhodes...
Your Honor, there's something
not right about Mr. Claymore.
Come on... will ya.
It just doesn't add up.
Monahan located the
bar where he was drinking,
except the bartender swears that
he wasn't drunk when he got there
and he only nursed a half
a drink while he was there.
Well, maybe he started
drinking at another bar...
One the police
haven't located yet.
That's not all that
doesn't add up.
Tell me, why does a man who has
no record, no pattern of alcohol abuse,
drive downtown, and start drinking
in his car in front of witnesses?
Quincy, those are
questions, not answers.
I need something concrete.
Yeah, just a minute,
Dr. Quincy, it's Danny.
Yeah?
Yeah, Danny,
I'll be right there.
Okay, what'd you come up with?
Just a few surprises
under the tree.
What surprises?
Okay. First, Claymore was up to
his armpits in nasty investments,
and one for you, Mr. Burns,
he was very well connected.
What does that mean?
Are you kidding me?
Brown shoes, you
know, wise guys...
Why doesn't my
office know about that?
Maybe you should
hire some of my friends.
Anyway, he was doing
business in Mexico.
When?
About a week before
Leventhal was killed.
How do I know?
What were they doing?
Best I could find out was
they were having a meeting
at Banco Nacional
de Mexico, no less.
Wait a minute...
What is it, Dr. Quincy?
Yes, so... Leventhal
was an accountant, right?
We found something
in his intestine...
A parasite that could
place him in Mexico.
Now supposing he was
there at that meeting?
Marsha Leventhal swears her
husband never left this country.
Well, somebody's lying... Why?
Well, we better find
out before Claymore
goes before the court tomorrow.
Well there's only one
place we can get the truth.
I don't understand. Why?
Why would Arnold lie to me?
We're not saying he lied
to you, Mrs. Leventhal.
Maybe you just
misunderstood him?
I think I know the difference
between Mexico and Detroit.
He said he was going to Detroit...
He had a big new client there.
Is this his desk, his papers?
Yes.
May we have your permission
to go through his things?
Of course.
But I really don't know
what you expect to find?
Neither do we.
Uh, Dr. Quincy, if you're
looking for something important.
Arnold kept his important
things in his safe.
Yes. Do you know
the combination?
Yes, I told you, we
never had any secrets.
Thank you.
What'd you find?
"Banco Nacional de
Mexico." A bankbook.
Oh, Arnold kept a lot of
bankbooks for his clients.
"Arnold G. Leventhal,
Trustee for P.A. C., Inc."
In Mexico?
What's P. A. C.?
Preston Arthur Claymore.
Quincy, all I can do is
ask for a continuance...
And that doesn't
mean I'm gonna get it.
You gotta stall,
we need the time.
Listen, all I can do is
present the connection
between Leventhal and Claymore.
And even that's thin...
A Mexican bankbook with P. A. C.
Is not proof, it's
an assumption.
Oh, we know it's Claymore.
They were in something together.
Proof, Quincy,
proof. Not conjecture.
Even if you prove that,
we've still got another problem.
What's that?
A little constitutional thing
called double jeopardy.
Well what's that
got to do with it?
Plenty.
Claymore has
already entered a plea
to the count of
killing Leventhal.
A plea that was
accepted by the court.
He pleaded no contest
to a misdemeanor...
Well, what does that mean?
It's still double jeopardy.
The Constitution
says in big black letters
you cannot try a man
twice for the same crime.
Now get me proof that
Claymore knew Leventhal
and I'll get the judge
to throw the book at him.
You do what you can do
and I'll do what I can do.
You got yourself a deal.
According to the witnesses,
he was parked here...
Took a pull from
his bottle of vodka,
then pulled into the intersection
as Mr. Leventhal was crossing.
Did he run that light or not?
Too close to call. The witness
said the light was just changing.
That's why the D.
A. Plea bargained.
His vehicle hit Mr. Leventhal
at the intersection
then proceeded
for another 20 yards.
And that's where the witness
saw him take another drink.
Any skid marks?
There were none.
What are you looking for?
Tire marks from
where he accelerated.
Accelerated?
Oh, you think he used the
accelerator instead of the break?
Well, if he did, the skid marks
would be closer
to where he hit him.
But there weren't any.
Doesn't make any difference what
I thought I can't prove it anyway.
I better call Mr. Burns.
Tell him I step out.
Yeah, Quincy, it's only a recess.
I couldn't get a continuance.
I know, but what could I do?
Yeah, well...
Listen, all I know
is you've got nothing
and I've got industrial
strength indigestion.
Alright, come on back.
I'll put you on the stand.
You can testify to that
Mexican book you found.
Yeah, alright. Half hour.
Okay, I'm sorry.
Goodbye.
What did he say?
He said he was sorry.
Yeah, they all
say they're sorry.
When we took
Claymore to the hospital
he couldn't stop saying
how sorry he was.
You took him to the hospital? I
thought the paramedics did that.
No, they were too
busy with Mr. Laventhal.
Besides Claymore
just banged his knee.
He wasn't anything too serious.
A two minute operation
and his knee was fine.
Beats me. What
kind of operation?
It was a hema something...
Yeah. Hematoma?
Blood under his knee,
something like that...
If you guys can get me to
the hospital in two minutes,
I'll buy you both the
biggest steaks you ever had.
It was a simple hematoma.
We drained it, patched him
and it was over in 10 minutes.
But you did send the blood
you drained to pathology?
That's our usual procedure. But,
the lab was a little backed up...
As Marjorie says
many, many times.
But you still have the sample?
I couldn't tell you. We may.
Marjorie, we need a
blood sample drained
from a hematoma on a
patient on the 14th of last month.
Dr, we're working as
fast as we can here.
We're still understaffed and with
the amount of oncology work...
I understand, I understand.
Now the patient's name
is Claymore, Preston A.
You know, if I had
the staff I need...
You say the 14th of last
month, Claymore, Preston A.?
Yes.
Everybody always
needs it yesterday.
I don't have enough
staff for the todays...
Please, it's very important.
It's always important...
B, C, yeah, here it is.
Claymore, Preston A. Hematoma.
You got it!
We had it.
Did it last Tuesday.
The sample? You still have it?
Not unless Richard didn't
finish his cleanup work.
You know, with the
kind of short staff I have...
If we've got it, it's in here.
Claymore, Claymore,
Preston... We've got it!
B.A.L. Oh, what
test do you need?
Ah, look, I need
a receipt on that.
You got it.
A blood alcohol
level on a hematoma?
Ah, Marjorie, you told
us that you were busy.
Thank you very much, Mrs.
Leventhal, you may step down.
Thank you, Your Honor.
Mr. Burns, you may
call your final witness.
Uh, Dr. Quincy is unavoidably
delayed, Your Honor.
If the Court would indulge
us a few minutes more...
Mr. Bums, it seem
to me the Court
has been indulging
you quite a bit.
If your witness
has seen fit to...
Excuse me, Your Honor,
Dr. Quincy is present.
May I have a few words with him?
You may.
Thank you.
One more minute and we could
have kissed this case goodbye.
Forget about it.
Just get me up there,
ask me questions
about Claymore's B.A.L.
What do ya got?
Plenty, just ask me
about his alcohol levels.
I can't ask you about
things I don't know
about. I would look like a fool.
Come on, trust me, will ya...
Your Honor, I would
like to call Dr. Quincy.
Dr. Quincy, in your
professional capacity,
did you conduct or supervise
a blood alcohol level or
blood alcohol concentration test
on a blood sample of the
defendant, Preston Claymore?
Yes, I did.
Would you share with the court
please, the results of that test.
The results of that test showed
that Mr. Claymores
blood alcohol level
was point zero-three.
A negligible amount.
Your Honor, I
strenuously object.
I don't know what kind
of perjurious conspiracy
these two are cooking up, but
their actions are outrageous...
They're unconscionable.
Overruled, Mr. Claymore.
If you think it's
perjury or conspiracy,
you can bring that out
in cross examination.
I ah, believe that
you better explain
to the court just
what's going on here.
Yes, Your Honor, I
will if I may proceed?
I advise you to proceed
cautiously, Mr. Burns.
Yes sir...
Dr. Quincy, would you
please share with us
the circumstances
surrounding your test results?
Yes.
When Mr. Claymore was taken
to the hospital after the accident
that killed Mr. Leventhal,
the hospital tested
a sample of his blood
and found that he had a
blood alcohol level of .21.
That would be a blood alcohol
level consistent with someone
who'd had six or seven drinks.
That's right.
But, Dr., you just testified
that the alcohol level was .03.
How do you explain
this discrepancy?
Very simply.
When Mr. Claymore
struck Mr. Leventhal,
Claymore hit his
knee quite severely
on the dashboard of his own car.
That blow to his knee
ruptured several blood vessels
that resulted in what
we call a hematoma.
That is a pocket of blood
that pools under the skin.
Now that pocket of blood is
what we call sequestered blood...
That is, it's blood taken out of
the normal circulatory process...
It doesn't mingle with the
rest of the blood in the system.
And you tested this
sequestered blood?
Yes, I did.
Dr. Quincy, just what is
it you're trying to tell us?
I'm telling you that Preston
Claymore was cold sober
when he struck and
killed Arnold Leventhall.
Dr. Quincy, you'd better be
certain about this allegation.
Oh, I am, Your Honor, I am.
We have incontrovertible
proof that Preston Claymore
was as sober as you
and I sitting here right now.
He drank the equivalent of six drinks
in his car after he hit Mr. Leventhal!
It was that alcohol that showed
up in his blood at the hospital,
but not the sequestered blood
that we took from his knee.
I must confess, Dr., I don't
understand what's going on here.
Maybe you don't, Your Honor,
but Mr. Claymore does...
He knew exactly what
he was doing, exactly.
He knew that the laws concerning
drunks and driving were so lax,
so lenient, so inadequate,
that he knew he could get away with
murder if he pretended to be drunk.
Imagine, imagine...
He knew that he could kill
Mr. Leventhal with his car
and if he could convince
everybody that he was drunk,
he would go free...
Scot free...
Imagine...
I believe Marsha Leventhal's
husband was not working for the mob.
She's absolutely right.
Yeah. Leventhal was legit.
According to my connections,
when Leventhal found out
that he was being used by Claymore
and the mob to launder money,
he wanted out.
He was gonna blow
the whistle on 'em.
Hmm...
So that's why
Claymore killed him.
Would you like the
names of my connections?
Do I wanna be rich and famous?
Hey. Try and get 'em.
With the evidence you gave us,
Judge Rhodes had to throw out the plea.
Because the plea was
entered on false information.
That means jeopardy never
attached, no double jeopardy.
Now, we can try him for murder.
Dr. Quincy, I don't know how
to thank you for all you've done.
Oh, I didn't do anything...
Well, it looks like
they started without us.
I don't suppose they
would mind if we shared
their celebration,
would you, Dr. Quincy?
Not at all. Have a seat.
Danny, another round of club
soda for our latecomers here.
Club soda? Since
when did I stop drinking?
We have to drive
home, don' t we?
You know, Quincy's right. That
drink after work should be at home.
We should wait.
We never really think
about what we're doing.
It's a sobering thought, huh?
drunk and killed an innocent man.
The courts do not
punish drunk drivers.
They just keep turning them
back out onto their highways
to keep maiming and killing
just like Preston Claymore.
You won't prosecute, the
judges and juries won't convict...
Claymore is clean.
If it's the last thing I do I'll
see that that man rots in jail.
You're gonna have a hard time
finding a jury that'll convict me.
What is the worst the
Judge can give him?
I'd say two years
probation and a $355 fine.
Well I'm gonna see
if I can raise the limit.
Gentlemen, you
are about to enter
the most fascinating
sphere of police work,
the world of forensic medicine.
If you're in such a
hurry, go around me!
What are you gawking at!
Let me through here, please.
Call an ambulance!
The paramedics...
I don't think the paramedics
will be any good
for this man, lady.
Got it all straightened
out, huh, Quince?
Straightened out?
Have you ever argued
with a credit card computer?
Well, not intimately.
It's like talking with
Asten about the budget.
Quincy, have you stopped
to figure out how much time,
money and aggravation it's
cost you so far to fight them?
You don't think I'm
gonna pay it, do you?
Coffees cold, Sam!
You think I would know
if I spent $55 on lingerie
from a store called Serena's
Secret Closet, wouldn't ya?
Well, I guess what you do on
your own time is your business.
Very funny. Make a
pot of coffee hot, will ya?
Okay.
I didn't see him. I
didn't even see him...
I killed him, Cheryl.
I killed a man.
It was an accident,
Pres, you couldn't help it.
Don't torture yourself, please.
I shouldn't have been driving.
Damn! Damn! Why was I driving?
Do you know? Who?
Do we know who he is?
Who he was?
Did he have a
family? Children...
We don't know yet.
Mr. Claymore, looks
like we'll have to get you
into the treatment
room for a few minutes.
What's wrong, Doctor?
Oh, nothing too serious.
Your husband's
knee took quite a blow.
Probably banged it against the
steering wheel or the dashboard.
It doesn't even hurt...
Well, it will when
the shock wears off.
Now you've got what
we call a hematoma.
The blood vessels around
your knee are ruptured
and all the blood is trapped
under the skin around the joint.
What do you have to do?
Well it's really a very
simple procedure.
We use a local anesthetic, insert a
needle and draw off the excess blood.
Believe me, it's a
very routine procedure.
Okay, Doctor,
whatever is necessary.
Fine. I'll have a nurse
bring a consent form.
Here's your blood
alcohol, Doctor.
Fine. Uh, thank you.
Now, would you get a surgical
consent form for this patient, please?
Thank you. Yes.
Point two-one
blood alcohol level.
This guy was so smashed
it's a wonder he could sit up,
much less drive a car.
Obviously he couldn't
do either one very well.
These lousy drunks!
I wish there was
some way to stop 'em,
get 'em off the road
once and for all.
Well, we do have laws against
it. But that's your department.
All I know right now is that he
needs some treatment for his knee
and that's my department.
Now we can do it here or you can
arrest him and transport him to county.
Might as well leave him here.
A guy drivin' a Rolls
isn't gonna jump.
Go ahead. We'll let
the D.A. handle it.
Okay, I'll make
the arrangements.
Mr. Claymore, the Doc tells us
you need to get some surgery,
so we're gonna leave you here...
I see. Well, thanks.
Are you going to file a
complaint application?
That's right. You a lawyer?
Yes.
Uh, may I ask what you're
going to file on the application?
Yes, sir, a VC 23101
and a 192.3.
What's that?
That's driving under the influence
and causing death or injury,
and vehicular manslaughter.
I didn't see him, I
didn't even see him.
Would you have been
able to stop if you did?
Would it help at all if I told
you just how sorry I am?
It might help you but it
won't help Mr. Leventhal.
No chance.
That's a severe cranial trauma.
Yeah.
When his head hit the sidewalk,
his skull shattered like an egg.
That must have really
slammed into him.
According to the police report it
was just moving away from the curb.
It couldn't have been
moving very fast.
It was a Rolls Royce, wasn't it?
Yeah.
You're right, it couldn't
have been going very fast.
A heavy car like that
packs a lot of inertia.
Takes a while to get it going.
Let's see.
Blood alcohol
level was zero-zero.
Good. Thanks, John.
Sure.
Well at least we
know Mr. Leventhal
was cold sober when
he stepped off the curb.
Hmmm. Take a look at this, Sam.
Yeah, there's some reddening and
inflammation of the duodenal lining.
Well maybe he had some cramps.
You know, felt real sick and
wasn't paying attention to the traffic.
He might have stepped off the
curb right into the path of the car.
Could be.
Better prepare some smears of
the GI contents. Let's find out for sure.
That will tell us if
there was any infection.
Maybe he was in pain
to the point of distraction.
Let me know as soon
as you find out anything.
Okay, I'll get right on it.
Quincy, are you through
with the Leventhal case?
Yeah.
Listen, Mrs. Leventhal
is waiting upstairs
to sign the papers
to release the body.
Would you mind talking to
her until they're prepared?
Sure, I'll see her in my office.
Well, it's just what
we expected, huh?
Yeah, one more victim,
just another statistic.
Mrs. Leventhal, are you sure I
can't offer you something? Coffee?
All you can do is tell me why...
Why, Doctor?
One minute he calls and says he's
gonna be a few minutes late and then...
Then all of a sudden,
out of the blue...
I'm afraid there are no
answers, Mrs. Leventhal.
These accidents are
so cruel, so unnecessary.
It wasn't an accident!
It couldn't have
been an accident!
Arnold is a...
Was. He was such
a careful person.
Cautious, that's what he was.
Always wore his seatbelt
when he was driving.
Made me wear mine, too.
He would say, "You never know
what kind of maniac is out there.
"Better safe than
sorry", he always said.
Why am I doing this to you?
It's all right, really it is.
Was there something
you wanted me to sign?
The papers are being prepared.
What am I going to do?
What do I do now?
Please, help me.
Mrs. Leventhal, sometimes
it helps to talk to someone
who has gone through the
same grief you're going through,
I wish you would see that woman.
Who is she?
Her name is Iris Chappel.
She runs a group especially for
families of drunk driving victims.
She will help you, she understands
what you're going through.
Understand?
How can anyone
understand how a man...
A vigorous man
can be so alive and
thoughtful one second
and the next second...
He's, he's dead, just like that.
Killed! By some drunk driver
that comes out of nowhere.
Yes.
Yes. Sam, are you sure?
Okay. But do another test on
the specimen just to double check.
Yes, she's' still
here. I'll ask her.
Bye-bye.
Yes. Is it about my husband?
We found a tiny, tiny protozoan
organism in his intestines.
Now just about
everybody picks it up
who goes to Mexico
or the Caribbean.
When was your husband there?
Dr. Quincy, my husband's
never left this country.
Never.
Yes. Mmm-hmm.
Dr. Quincy, I think
she's here right now.
Yes. Mrs. Leventhal?
Come on, in.
Thank you. Please, sit down.
I'll be with you in a minute.
Mrs. Chappel?
Please, call me Iris.
Iris. Thank you.
I... I'm Marsha Leventhal.
Dr. Quincy didn't tell me...
My legs? Courtesy of the drunk
driver who hit me two years ago...
And killed my son.
Oh my God, oh, I'm so sorry.
Thank you, but we should
be talking about your problems.
Can I get you a cup of coffee?
No, no thank you.
I...
Well, to tell you the truth, I
really don't know why I'm here.
I mean...
My husband was just killed
And I... my feelings...
I mean, I'm just so
damned confused and...
And angry!
So angry you'd like to strangle
the man who killed your husband?
Yes. Yes!
He had no right!
Arnold never had a
chance, not one chance!
But he'll pay.
If it's the last thing I do I'll
see that that man rots in jail.
Mrs. Leventhal...
Marsha, I've been involved
in dozens of cases like yours.
I have to tell you right now,
that the man who
killed your husband
will probably never
serve one day in jail.
Not one day.
Come in.
Have a seat. I'll
be right with you.
Mr. Claymore, Mrs. Claymore,
before we begin, as the
DA assigned to this case,
I just want to go on
record again as strongly
advising you to hire
an outside counsel
to represent you in this case.
I have to do this myself.
Well, you know the old adage...
You mean, an attorney who
defends himself has a fool for a client?
You said it.
Pres, maybe
Mr. Burns has a point.
Maybe we should...
No, no, no. This is my
responsibility. I have to do it myself.
Mr. Burns,
my husband has been under a
terrible strain since the accident.
Can't you make him...
That's enough, Cheryl.
We've discussed this,
Please, let's get on with it.
All right, according to
the police report here,
your actions clearly
showed gross negligence
and a wanton disregard
for the life of Mr. Leventhal.
So, we're charging
you with driving
under the influence of alcohol,
causing death and vehicular
manslaughter with gross negligence.
Wait a second. Two counts!
Aren't you being a
little rough with me?
Rough?
Rough?
You're the one who
got stinking drunk
and killed an innocent
man, counselor.
Don't you think I
know what I did?
Don't you think it's been
a living hell with me...
Over and over in my mind...
The nightmares,
the pain that I feel.
You should have thought
of that before you got loaded.
All right. All right.
Uh-huh. It was a mistake.
It was a gross misjudgment.
Okay, it was stupid.
But is that reason
enough to crucify me?
I'm not trying to crucify you.
I'm just trying to get a little
bit of justice in the world.
Yeah. Justice?
It was an accident!
Now you're trying
to ruin more lives.
You send me up,
my family suffers for an accident
they had nothing to do with.
Well what about his family?
They're suffering for something
they had nothing to do with.
Well what do you want me
to do, Claymore? That's right.
Drop the charges?
Shake my finger at you and
let you just waltz out of here?
Of course not.
But I am asking for
a little compassion.
Now, is that too
much to ask for?
Compassion?
Just how do you see this
compassion meted out to you?
Let me plead down
to a lesser charge.
Like what?
I don't know, plead nolo.
A misdemeanor 101.
Oh that's nice, very nice.
You drop the felony charges,
we drop the vehicular
manslaughter charges
and you plea to a misdemeanor?
Burns, I am just asking
you to see my point.
Now, would putting me away
help that poor man or his family?
What if I don't buy this?
Then I'll plead not guilty,
and let a jury decide.
Uh-huh.
And, Burns, let me tell you,
this is my first...
my only offense.
You're gonna have a hard time
finding a jury that'll convict me.
And that's if It
even gets that far.
Well, I'm not saying there's
no room for compromise,
but you're gonna have to give
me something to take upstairs.
I know.
I know, I want
to pay restitution.
Funeral expenses.
I wanna pay, I wanna
help. I don't wanna go to jail.
You can understand that.
Mmm-hmm.
Well, I'm not making
any promises here,
but I'll take it upstairs
and see if they buy it.
That's all I can ask.
Mr. Burns, I... uh...
Well, thank you.
Thank you very much.
You know, whether you
believe me or whether you don't,
what you're doing is
the right thing to do.
No it's not, it's just
the only thing I can do.
Yeah.
Yeah.
Yeah, Iris.
Sure, if it's important.
I'll meet you at Danny's, at
the marina in half an hour,
I'm on my way.
Where you goin', Quince?
I'm on my way to
see Iris, at Danny's.
Well you better cancel.
Asten wants to see you.
I can't cancel it. I told her I'm
on my way. What does he want?
I think about the
expense account
you turned in on
the Riverside case.
I knew he was gonna
bawk about that.
Can I help it if it took three
lunches to break that waitress down?
Break her down?
Get the information
I needed from her!
Oh. Well what I tell Asten?
Tell him anything,
he'll believe anything.
I'll believe anything
but $112 for lunch.
- You see.
- I wouldn't either.
I told you, she was a tough
customer. It broke the case, didn't it?
Yeah. It also broke petty cash.
Look, I don't have
the time now. Zero...
When I get back, I'll
explain everything.
Where are you going?
Another lunch? I
got a luncheon date.
Another lunch? Yeah.
I wish you'd told me. Yeah!
I'll ask for a special
appropriation.
Oh, I'm so glad
you could meet me.
Fine. How are you?
Listen, how do you get
this thing down there?
Like porcupines make
love. Very carefully.
Quincy, can I be
of some assistance?
Yeah, give me a hand.
So, you must be Danny, the
owner of this, establishment.
At your service.
Huh? Well, not at
my service enough!
Do you know what year this is?
Yep. Is this a quiz?
And I'm even gonna
give you the answer.
This is the UN's International
Year of the Disabled,
which, in case you haven't noticed,
I am a card-carrying member.
So, as owner of this eatery,
how's about putting a ramp
in for us less mobile types?
A ramp? I never
really thought of that.
That's the problem.
Most people don't.
I will... do something about it!
I promise.
Thank you, Danny.
What can I get for you?
Okay. They got great
hamburgers here.
Two burgers, only cook
'em this time, will you?
And some iced tea, please.
Iced tea?
That's better. I'll
have a white wine.
White wine?
We're not against
drinking, Dr. Quincy,
Just drinking and driving. I'm
not a crusader against alcohol.
I know but it does surprise me.
Dr. Quincy, do you know
why I'm in the activist biz?
Well, I know your son was killed
in that accident
that paralyzed you.
Two years ago. But
that's not what did it.
I got involved because the woman
who killed Jonathan
and crippled me
only spent forty-five
days in a county jail.
She had five prior
drunk driving convictions.
Convictions, mind you, yet she
was driving on a valid license.
Three months later she's
back out onto the highway.
She runs a red light, runs
into a car carrying two children.
Luckily, they weren't
hurt too badly.
I want them to stop turning
them back onto the highways.
I don't understand
how they can do that.
Neither do the courts or the
D. A. or the state legislature.
And that's why I need
your help so badly.
Me? What can I do?
You work for the county.
You could talk to Jim Burns,
the D.A. handling
the Leventhal case.
Talk to him about what?
About not letting
Preston Claymore
plea bargain his case
down to a slap on the wrist.
But I don't know if I can
help... Thanks, Danny.
Dr. Quincy, how many
autopsies have you performed
on drunk driving victims?
Too many to count.
Your department autopsies around
ten drunk driving victims a week.
That's over five hundred
a year just in this county!
That's just the
tip of the iceberg.
Let me tell you something
that'll curl your hair.
In this country, 70 people a day
are killed in drunk
driving crashes,
that's one person every
twenty-three minutes,
seven days a week,
52 weeks a year.
That's over 25,000
people a year.
And it's getting worse
because the courts do
not punish drunk drivers.
They just keep turning them
back out onto their highways
to keep maiming and killing
just like Preston Claymore.
Here you are, two
wonder burgers.
Yeah, it's a wonder if
you can digest them.
You sure you cooked
these. It was awfully fast.
Oh stop with your doctor jokes.
I serve 'em, you eat 'em.
When we finish these burgers,
we're gonna go see Mr. Burns.
I'm gonna cram those
statistics right down his throat.
Oh, thank you.
Come on, Quincy. Please.
Give me a break, will you?
What do you want me to do? My
boss has already agreed to his plea.
You can still throw it out and
prosecute to the limits of the law.
Iris, come on,
you've been around
long enough to
know the realities.
Believe me, nothing would
give me greater pleasure
than to see
Claymore behind bars.
But, the public doesn't want it.
I don't believe that.
Look, Claymore has no
previous drunk driving arrests.
He's an upstanding family man with
a solid reputation in his profession.
He's demonstrated anguish
and remorse for his deed
and he will probably
never drink and drive again.
So, you're locking the barn
after the horse has been stolen?
What difference does that make?
I'll tell you what difference.
The jurors are average people
who, at one time or another,
have all been
intoxicated and driven.
Now they look at
this man and they say,
"There but for the
grace of God go I."
Do you think honestly
they're gonna convict him?
Terrific! You won't prosecute,
the judges and
juries won't convict...
Like the problem doesn't exist.
No. No. No.
You've got it backwards, Quincy.
It's not that the
problem doesn't exist.
See, the problem's
too big for our system.
Last year we convicted
308,000 drunk drivers in this state.
But our best
estimate, only one in
2000 drunk drivers
is ever arrested.
And you multiply that out.
We're talking about six
hundred million drunk drivers
on our roads every year.
Of course, most of
those are repeaters.
Some of them drink and
drive every day of the year...
Some just on weekends...
And some, like
Claymore, just once.
Now what do you want us to do?
Arrest 'em all,
put 'em all in jail?
Yes! Absolutely yes!
Oh yeah! How the hell
are we supposed to do that?
We don't have enough jail
cells in the state for all of them.
Then we'll build more.
How are you gonna pay for it?
Ah, the final cop out.
Money.
But not this time, Jim.
Did you ever hear of
the 'Nickel A Drink' Law?
We have to pass that law...
We have to tax
bars and restaurants
five cents a drink for
every drink they sell
and that alone will raise
enough money in this state
to build all the
facilities we need.
The Nickel a Drink
Law will raise enough
money for increased
law enforcement,
for educational programs,
for a victim's indemnity fund
with a ton of money left over for
alcoholism rehabilitation programs.
Yeah. A good law.
You think those jokers in
Sacramento are gonna pass it?
Why not?
Well, who do you
think are the major
contributors to our
esteemed assemblymen
and state senators
campaign funds?
Bingo! The liquor industry.
Holy mackerel.
Okay, let's get
back to Claymore.
What are we gonna do about him?
It's not much...
But I could ask for a
sentencing hearing.
It's a long shot. But if we could
prove by Claymore's actions,
that he showed a willful
and callous neglect
for Mr. Leventhal's
life, and his family,
maybe, just maybe,
we could get the judge
to come down on
him a little harder.
How you gonna prove that?
Hey, don't throw
that back at me.
That's what I've
been saying all along.
But whatever we're
gonna do, we gotta act fast.
Because, Claymore is gonna
enter his plea in 48 hours
and if I read him right,
he's gonna request
his sentencing as
soon as possible.
And then he's home free.
You got that right.
Do you have anything to
add to the plea, Mr. Burns?
Mr. Claymore? No, Your Honor.
No, Your Honor.
Do you waive a full
reading of the complaint?
So waived.
All right then... Preston
Arthur Claymore,
complaint number
683831, in count one,
you're charged with the
violation of Vehicle Code
23-101 in that on
the day specified,
while under the influence
of intoxicating liquor,
you did willfully and
unlawfully, drive a vehicle
and proximately caused the
death of Mr. Arnold Leventhal.
To that charge, a
misdemeanor, how do you plead?
No contest.
The plea of no contest,
a violation of V.C.
Section 23-101 as charged
in count one, is entered.
The record will reflect
that the defendant
waived his right
to trial by jury
and his other constitutional
rights by indicating to the court
that the plea is
voluntarily made,
that he understood the nature
of the offense and consequences
of entering the plea.
Your Honor, in the
interest of justice,
the People move for a
presentencing hearing.
Your Honor, the District Attorney
never indicated such a motion
in our earlier discussions.
I ask ah, that the
motion be denied.
Mr. Burns, this case seems
to be pretty routine to the court.
Are you prepared to present
witnesses or salient information
that would substantially alter
the Court's view of this case?
Yes, Your Honor, we are.
In fairness, then, the
Court will grant the motion.
Say, ah, nine o'clock,
Monday the 11th.
Ah, Your Honor,
that's less than a week.
Mr. Burns, you
indicated that the People
were prepared to
present new information.
Did I hear you wrong?
Ah. No, Your Honor, ah...
Monday the 11th
will be just fine.
Mr. Claymore?
Monday the 11th will be fine.
Presentencing hearings,
judgment and sentence,
Monday the 11th,
nine o'clock a.m.
Any objection to this procedure
on behalf of the People?
None, Your Honor. No.
All right. So done.
Court is recessed
until two o'clock.
Quincy, I don't
know why I let you
talk me into asking
for this hearing.
I'm the one who's
gonna get crucified.
No we're not! We got
a week haven't we?
A week?
Now I'm gonna go
through all of my files,
I'm gonna get all the data I
can on drunk driving deaths.
When I present it to the Judge, he's
gonna have to give Claymore the max.
Burns, tell me the truth, what is
the worst the Judge can give him?
The worst? One year
in jail and a $5000 fine.
But you know as well
as I do, that on a first
conviction, nobody
gets the worst.
Nobody.
What's your guess?
Right now? I'd say two years
probation and a $355 fine.
Oh, God, no...
$355... That's what
it comes down to?
A man is killed
by a drunk driver...
He's taken away from his
family and all his life, all he was,
all it's worth is $355 dollars?
Not much of a trade-off, is it?
Well I'm gonna see
if I can raise the limit.
Denial, bargaining, anger,
depression, acceptance...
Now, this is where you
are, Dan, right here, denial.
I'm not denying anything.
It's just that I would know if I
was an alcoholic and I'm not.
Why did you chose to
come to this program?
It was either here or
ten days in the can.
Yeah, but you had three drunk
driving arrests in the last 18 months.
Three, count 'em, three.
And you're gonna
still drive drunk.
Until you kill yourself
or somebody else.
Is that what you're looking for?
No, I don't want to kill nobody.
It's just that those pills
you give me make me sick.
They only make you
sick because you take
them while you're
having a drink, right?
Now look, Dan,
you have a disease...
It's called alcoholism.
And because you have that
disease, you cannot drink.
We've all been there,
right, gentlemen?
We know what
you're going through...
Relax, Dan.
All right, let's break
up the meeting.
Next week, one o'clock.
Meet me at the bar
across the street...
Thanks for letting me sit in.
How does it look for him?
Oh, he's one tough
nut, Dr. Quincy,
but we'll crack him.
Yeah... How about some coffee?
He seemed pretty resistant.
Well, it's either us or jail.
You know, Dr. Quincy,
we alcoholics go
through a lot of denial...
Ironically, it's part of the pattern,
you know, part of the disease.
So all alcoholics have patterns?
No. More like the disease
has a pattern that we fall into.
Sit down.
By the way, the man you
wanted me to check on, Claymore?
He doesn't seem
to fit the pattern.
Not that I know of. Nothing?
I asked my friends at the
D.M.V., the Sheriff's office,
the surrounding A. A. chapters.
If this man is an alcoholic,
he sure breaks the mold.
Could he be a
periodic heavy drinker?
Same thing. You see,
Claymore's what? 48?
Yeah.
He's lived and worked
in the County all his life,
yet, he doesn't have a prior...
He doesn't even
have a parking ticket.
But he's a smart lawyer. He
knows how to get out of those things.
Okay, so he's a smart
lawyer, even smart
lawyers can't gab their
way out of every jam.
Let's say he was picked
up for drunk driving,
even if he pleads
down to reckless,
there still has to
be a record of it.
Blind drunk at 11
o'clock in the morning!
I'm sorry, Dr. Quincy.
The man has no prior
records. He has no pattern.
Claymore is clean.
Maybe he's not so clean.
You need me for anything?
No.
Good night Danny, John...
You going home
alone? Good night.
Johnny. Yeah.
You walk her to
the car, I'll lock up.
Sure thing.
See you tomorrow.
Hello. Hi.
And good-bye.
What's with the bobsy twins?
We're all ready to close.
Quincy, come back tomorrow, eh.
No. No, I don't
wanna buy a drink.
I need a favor.
You don't wanna drink
at two in the morning.
Why doesn't that surprise me?
I need some
information on somebody.
You want information,
buy an encyclopedia.
Will you stop with the jokes.
I couldn't resist.
All right, who is he?
His name is Preston Claymore.
Yeah. That's a
heavy weight attorney.
So why don't you check
him out with the cops?
I did. Monahan couldn't
dig anything on him.
I even went to Tatini in the
alcoholism program. Nothing!
So what do you want from me?
Well, you know a
different kind of people,
different contacts, you know...
You know, off the
record, that kind of thing.
Do I look like one of these?
No, but your old roommates do.
Hmmm... Okay, I'll look him up.
Listen, I'm hungry.
Now let's get out of here.
Yeah, sure... You
got anything to eat?
Oh, great.
I'll drop you off at
an all-night diner.
No, thanks. Anybody
want some coffee?
No. I wanna get
back to the office.
Danny's gonna call soon.
What do you expect from him,
some kind of miracle or something?
I don't know why I let
him talk me into this.
We don't need a miracle,
all we need is the truth.
I'm telling you, there's something
not right about Claymore.
Oh, great. Tomorrow
I'll tell Judge Rhodes...
Your Honor, there's something
not right about Mr. Claymore.
Come on... will ya.
It just doesn't add up.
Monahan located the
bar where he was drinking,
except the bartender swears that
he wasn't drunk when he got there
and he only nursed a half
a drink while he was there.
Well, maybe he started
drinking at another bar...
One the police
haven't located yet.
That's not all that
doesn't add up.
Tell me, why does a man who has
no record, no pattern of alcohol abuse,
drive downtown, and start drinking
in his car in front of witnesses?
Quincy, those are
questions, not answers.
I need something concrete.
Yeah, just a minute,
Dr. Quincy, it's Danny.
Yeah?
Yeah, Danny,
I'll be right there.
Okay, what'd you come up with?
Just a few surprises
under the tree.
What surprises?
Okay. First, Claymore was up to
his armpits in nasty investments,
and one for you, Mr. Burns,
he was very well connected.
What does that mean?
Are you kidding me?
Brown shoes, you
know, wise guys...
Why doesn't my
office know about that?
Maybe you should
hire some of my friends.
Anyway, he was doing
business in Mexico.
When?
About a week before
Leventhal was killed.
How do I know?
What were they doing?
Best I could find out was
they were having a meeting
at Banco Nacional
de Mexico, no less.
Wait a minute...
What is it, Dr. Quincy?
Yes, so... Leventhal
was an accountant, right?
We found something
in his intestine...
A parasite that could
place him in Mexico.
Now supposing he was
there at that meeting?
Marsha Leventhal swears her
husband never left this country.
Well, somebody's lying... Why?
Well, we better find
out before Claymore
goes before the court tomorrow.
Well there's only one
place we can get the truth.
I don't understand. Why?
Why would Arnold lie to me?
We're not saying he lied
to you, Mrs. Leventhal.
Maybe you just
misunderstood him?
I think I know the difference
between Mexico and Detroit.
He said he was going to Detroit...
He had a big new client there.
Is this his desk, his papers?
Yes.
May we have your permission
to go through his things?
Of course.
But I really don't know
what you expect to find?
Neither do we.
Uh, Dr. Quincy, if you're
looking for something important.
Arnold kept his important
things in his safe.
Yes. Do you know
the combination?
Yes, I told you, we
never had any secrets.
Thank you.
What'd you find?
"Banco Nacional de
Mexico." A bankbook.
Oh, Arnold kept a lot of
bankbooks for his clients.
"Arnold G. Leventhal,
Trustee for P.A. C., Inc."
In Mexico?
What's P. A. C.?
Preston Arthur Claymore.
Quincy, all I can do is
ask for a continuance...
And that doesn't
mean I'm gonna get it.
You gotta stall,
we need the time.
Listen, all I can do is
present the connection
between Leventhal and Claymore.
And even that's thin...
A Mexican bankbook with P. A. C.
Is not proof, it's
an assumption.
Oh, we know it's Claymore.
They were in something together.
Proof, Quincy,
proof. Not conjecture.
Even if you prove that,
we've still got another problem.
What's that?
A little constitutional thing
called double jeopardy.
Well what's that
got to do with it?
Plenty.
Claymore has
already entered a plea
to the count of
killing Leventhal.
A plea that was
accepted by the court.
He pleaded no contest
to a misdemeanor...
Well, what does that mean?
It's still double jeopardy.
The Constitution
says in big black letters
you cannot try a man
twice for the same crime.
Now get me proof that
Claymore knew Leventhal
and I'll get the judge
to throw the book at him.
You do what you can do
and I'll do what I can do.
You got yourself a deal.
According to the witnesses,
he was parked here...
Took a pull from
his bottle of vodka,
then pulled into the intersection
as Mr. Leventhal was crossing.
Did he run that light or not?
Too close to call. The witness
said the light was just changing.
That's why the D.
A. Plea bargained.
His vehicle hit Mr. Leventhal
at the intersection
then proceeded
for another 20 yards.
And that's where the witness
saw him take another drink.
Any skid marks?
There were none.
What are you looking for?
Tire marks from
where he accelerated.
Accelerated?
Oh, you think he used the
accelerator instead of the break?
Well, if he did, the skid marks
would be closer
to where he hit him.
But there weren't any.
Doesn't make any difference what
I thought I can't prove it anyway.
I better call Mr. Burns.
Tell him I step out.
Yeah, Quincy, it's only a recess.
I couldn't get a continuance.
I know, but what could I do?
Yeah, well...
Listen, all I know
is you've got nothing
and I've got industrial
strength indigestion.
Alright, come on back.
I'll put you on the stand.
You can testify to that
Mexican book you found.
Yeah, alright. Half hour.
Okay, I'm sorry.
Goodbye.
What did he say?
He said he was sorry.
Yeah, they all
say they're sorry.
When we took
Claymore to the hospital
he couldn't stop saying
how sorry he was.
You took him to the hospital? I
thought the paramedics did that.
No, they were too
busy with Mr. Laventhal.
Besides Claymore
just banged his knee.
He wasn't anything too serious.
A two minute operation
and his knee was fine.
Beats me. What
kind of operation?
It was a hema something...
Yeah. Hematoma?
Blood under his knee,
something like that...
If you guys can get me to
the hospital in two minutes,
I'll buy you both the
biggest steaks you ever had.
It was a simple hematoma.
We drained it, patched him
and it was over in 10 minutes.
But you did send the blood
you drained to pathology?
That's our usual procedure. But,
the lab was a little backed up...
As Marjorie says
many, many times.
But you still have the sample?
I couldn't tell you. We may.
Marjorie, we need a
blood sample drained
from a hematoma on a
patient on the 14th of last month.
Dr, we're working as
fast as we can here.
We're still understaffed and with
the amount of oncology work...
I understand, I understand.
Now the patient's name
is Claymore, Preston A.
You know, if I had
the staff I need...
You say the 14th of last
month, Claymore, Preston A.?
Yes.
Everybody always
needs it yesterday.
I don't have enough
staff for the todays...
Please, it's very important.
It's always important...
B, C, yeah, here it is.
Claymore, Preston A. Hematoma.
You got it!
We had it.
Did it last Tuesday.
The sample? You still have it?
Not unless Richard didn't
finish his cleanup work.
You know, with the
kind of short staff I have...
If we've got it, it's in here.
Claymore, Claymore,
Preston... We've got it!
B.A.L. Oh, what
test do you need?
Ah, look, I need
a receipt on that.
You got it.
A blood alcohol
level on a hematoma?
Ah, Marjorie, you told
us that you were busy.
Thank you very much, Mrs.
Leventhal, you may step down.
Thank you, Your Honor.
Mr. Burns, you may
call your final witness.
Uh, Dr. Quincy is unavoidably
delayed, Your Honor.
If the Court would indulge
us a few minutes more...
Mr. Bums, it seem
to me the Court
has been indulging
you quite a bit.
If your witness
has seen fit to...
Excuse me, Your Honor,
Dr. Quincy is present.
May I have a few words with him?
You may.
Thank you.
One more minute and we could
have kissed this case goodbye.
Forget about it.
Just get me up there,
ask me questions
about Claymore's B.A.L.
What do ya got?
Plenty, just ask me
about his alcohol levels.
I can't ask you about
things I don't know
about. I would look like a fool.
Come on, trust me, will ya...
Your Honor, I would
like to call Dr. Quincy.
Dr. Quincy, in your
professional capacity,
did you conduct or supervise
a blood alcohol level or
blood alcohol concentration test
on a blood sample of the
defendant, Preston Claymore?
Yes, I did.
Would you share with the court
please, the results of that test.
The results of that test showed
that Mr. Claymores
blood alcohol level
was point zero-three.
A negligible amount.
Your Honor, I
strenuously object.
I don't know what kind
of perjurious conspiracy
these two are cooking up, but
their actions are outrageous...
They're unconscionable.
Overruled, Mr. Claymore.
If you think it's
perjury or conspiracy,
you can bring that out
in cross examination.
I ah, believe that
you better explain
to the court just
what's going on here.
Yes, Your Honor, I
will if I may proceed?
I advise you to proceed
cautiously, Mr. Burns.
Yes sir...
Dr. Quincy, would you
please share with us
the circumstances
surrounding your test results?
Yes.
When Mr. Claymore was taken
to the hospital after the accident
that killed Mr. Leventhal,
the hospital tested
a sample of his blood
and found that he had a
blood alcohol level of .21.
That would be a blood alcohol
level consistent with someone
who'd had six or seven drinks.
That's right.
But, Dr., you just testified
that the alcohol level was .03.
How do you explain
this discrepancy?
Very simply.
When Mr. Claymore
struck Mr. Leventhal,
Claymore hit his
knee quite severely
on the dashboard of his own car.
That blow to his knee
ruptured several blood vessels
that resulted in what
we call a hematoma.
That is a pocket of blood
that pools under the skin.
Now that pocket of blood is
what we call sequestered blood...
That is, it's blood taken out of
the normal circulatory process...
It doesn't mingle with the
rest of the blood in the system.
And you tested this
sequestered blood?
Yes, I did.
Dr. Quincy, just what is
it you're trying to tell us?
I'm telling you that Preston
Claymore was cold sober
when he struck and
killed Arnold Leventhall.
Dr. Quincy, you'd better be
certain about this allegation.
Oh, I am, Your Honor, I am.
We have incontrovertible
proof that Preston Claymore
was as sober as you
and I sitting here right now.
He drank the equivalent of six drinks
in his car after he hit Mr. Leventhal!
It was that alcohol that showed
up in his blood at the hospital,
but not the sequestered blood
that we took from his knee.
I must confess, Dr., I don't
understand what's going on here.
Maybe you don't, Your Honor,
but Mr. Claymore does...
He knew exactly what
he was doing, exactly.
He knew that the laws concerning
drunks and driving were so lax,
so lenient, so inadequate,
that he knew he could get away with
murder if he pretended to be drunk.
Imagine, imagine...
He knew that he could kill
Mr. Leventhal with his car
and if he could convince
everybody that he was drunk,
he would go free...
Scot free...
Imagine...
I believe Marsha Leventhal's
husband was not working for the mob.
She's absolutely right.
Yeah. Leventhal was legit.
According to my connections,
when Leventhal found out
that he was being used by Claymore
and the mob to launder money,
he wanted out.
He was gonna blow
the whistle on 'em.
Hmm...
So that's why
Claymore killed him.
Would you like the
names of my connections?
Do I wanna be rich and famous?
Hey. Try and get 'em.
With the evidence you gave us,
Judge Rhodes had to throw out the plea.
Because the plea was
entered on false information.
That means jeopardy never
attached, no double jeopardy.
Now, we can try him for murder.
Dr. Quincy, I don't know how
to thank you for all you've done.
Oh, I didn't do anything...
Well, it looks like
they started without us.
I don't suppose they
would mind if we shared
their celebration,
would you, Dr. Quincy?
Not at all. Have a seat.
Danny, another round of club
soda for our latecomers here.
Club soda? Since
when did I stop drinking?
We have to drive
home, don' t we?
You know, Quincy's right. That
drink after work should be at home.
We should wait.
We never really think
about what we're doing.
It's a sobering thought, huh?