Law & Order (1990) Episode Scripts

N/A - Sundown

NARRATOR: In the criminal justice system the people are represented by two separate yet equally important groups, the police who investigate crime and the district attorneys who prosecute the offenders.
These are their stories.
Good morning, Mrs.
Hallenbeck.
Time for us to Mrs.
Hallenbeck? Did they take my mother already? She wasn't supposed to go till 9:30.
Must be down the hall somewhere.
Isn't it your job to keep track of the patients? Your mother's around, darling.
We'll find her.
Marjorie Hallenbeck, There are two deep bruises on the torso, this one on her head.
Caused by what? Looks like somebody punched her twice.
She fell, hit her head.
ED: Which one's fatal? Head wound knocked her out.
I doubt if it killed her.
Best guess now is internal bleeding.
How long would that take? A minute, a day.
I won't know till the autopsy.
Time of death? Given the temperature and lack of rigor, within the last five hours.
So she was lyin' here since 3:00 a.
m.
, and nobody found her? She could've been lyin' here longer than that.
We can't check every square inch of the place.
What was she in for? Lymph node biopsy and some tests.
Anybody notify the family? Father and daughter were here when we found the body.
They're waiting in Mrs.
Hallenbeck's room, 1284.
Was anybody on patrol here last night? Watkins.
He didn't see anything out of the ordinary.
What, he forget his glasses? We have excellent security.
Yeah, so I see.
You want to talk to Watkins? That would be nice.
She comes in for a biopsy, and they manage to kill her? That's why they call it managed care.
She checked herself in yesterday afternoon.
My dad and I visited her last night.
How could this have happened? What time did you leave? A little after 11:00.
Did you buy something from the gift shop at 7:42? No, we didn't get here till almost 9:00.
A couple of magazines and some candy.
Maybe your mother bought them? Uh, I don't know.
You both came in together and left together? Yes.
Mr.
Hallenbeck, was you wife still in the solarium when you left her? My dad's in shock.
Did you find my mother's jewelry? Wedding ring was on her finger.
Not that.
The stuff that's missing.
The cross, the earrings, the watch my dad gave her? Beaten to death.
Jewelry missing.
One antique gold cross on a neck chain, expensive watch with her initials engraved on the back, and a pair of diamond earrings with gold filigree.
Mrs.
Hallenbeck checked in yesterday.
Family says nobody but them knew she was going in.
Then start with the hospital staff.
LaMotte's checking them for priors.
There's nothin' in her room except her overnight bag, a couple of magazines, and a receipt from the hospital gift shop.
Jewelry worth a lot? To Bill Gates, no.
To a janitor makin' ten, 12 grand sounds pretty good.
Well, who wears Well, the daughter says the gold cross was an heirloom.
Mom almost never took it off.
Why was the victim in the solarium in the middle of the night? Insomnia? We don't know when it was.
The family they left around 11:00.
The attack could have been any time after that.
Well, you said she died between 4:00 and 5:00 a.
m.
M.
E.
At the scene differentiated between time of attack and time of death.
Well, nail it down.
RODGERS: Victim had a lot of superficial bruising.
Injuries looked worse than they were.
What looks worse than dead? (SIGHS) Somebody'd found her earlier, she wouldn't be dead.
What killed her? Ruptured spleen.
How long did it take her to die? I won't know until I determine the clotting rate.
(PHONE RINGING) Rodgers.
Yeah, right here.
Your lieutenant.
What's that on your phone, brains? It's egg salad maybe.
You got another phone? When will you know what time Mrs.
Hallenbeck was attacked? Tomorrow morning.
Maybe earlier.
ED: Green.
Right now, I gotta get a javelin out of somebody's chest.
All right.
Yeah.
What made you go into this line of work? Free javelins.
Okay, later.
LaMotte got a hit on an orderly.
Two burglary priors, and he was workin' that ward last night.
ED: Vic Fazioli? Hey, uh, my P.
O.
Told me to get a job, I got a job.
I'm clean.
You got the wrong party.
You mind if we come in? Yeah.
See, I'm leavin'.
I got a date.
You got a date? Where you takin' her, the opera? It's cold outside.
You might need a jacket.
Here, or at the precinct.
Let's work somethin' out, okay? I take the stuff back, you forget about it.
I won't do it again, I swear.
Okay, show us the jewelry and we'll consider it.
What jewelry? I'm guessin' this did not come from D'Agostino's.
This has gotta be a first.
Somebody stealin' hospital food.
(CHUCKLES) lmagine that.
Third conviction, 20-to-life for 300 pounds of Very Young Early Peas.
Not to mention the jewelry.
And the murder.
I don't know what you guys are talkin' about.
I'm just stockin' up for the winter.
Yeah, you and my chipmunk.
I thought only good boys ate their peas.
But I'm telling you, he was tall, and good-looking and great hair.
Comin' out of Room 1284? Yeah.
At 8:30? Give or take.
How was he dressed? Expensive.
In a dark gray suit, a real nice tie, and a gold stick pin.
You see the patient, Mrs.
Hallenbeck? I I saw a woman in a nightgown, 50, 55.
That her? Okay, well, she was tryin' to get rid of him.
Look like he was botherin' her? No, they seemed to like each other fine.
She just wanted him to go.
I mean, maybe she had to use the john or somethin'.
Yeah, it's a cute story, Vic, but let's move on.
Where were you after 11:00? Not at the hospital.
I left at 9:45.
Your time card says you punched out at 11:08.
No, no.
You see, the kitchen closes at 9:15, so, 9:20, I'm down there loadin' up cans in a laundry cart.
Then what? I rolled the cart to my van, I loaded it up, I took the cart back, I asked the guy to punch me out at 11:00.
I left at 9:45.
Who punched you out? Look, I don't want to get him in trouble, okay? You or him.
Take your pick.
Curtis Brown backs up Fazioli's story.
He says he saw him drive off at around 9:45.
And punched him out at 11:08? So it wasn't Fazioli.
Yeah.
I can't believe this.
My kid's laptop.
The computer company from hell sent it back without repairing it.
I told you.
Those gizmos I heard you the first time.
Is there any chance Fazioli was telling the truth about the man he saw leaving Mrs.
Hallenbeck's room? ED: Might account for the receipt from the hospital gift shop.
So what? This Mr.
X left before the family showed up.
Left her room.
May not have left the hospital.
And then what? He hung around for two and a half hours so he could go back up and kill her? Listen, before we figure out his itinerary, why don't we find out if he exists? Two nights ago, right before I closed up.
Two magazines and a Kit Kat bar? Phillip Greitz.
He gave me the flower from his lapel.
Told me my husband was a lucky man, and I told him I was a widow.
He gave me his card.
"Philip Greitz, Esquire.
International Patent Law.
" No address or phone number.
Everything about him said window dressing.
I assumed the card was part of the show.
I have no idea who he is.
Michael? No.
Does the name Philip Greitz mean anything? My father's still in shock.
He can't help you.
Lisa.
Our father has Alzheimer's.
Michael.
I know all Mom's friends.
My brother lives in Brooklyn.
He's got kids.
He's never here.
So you were home the night your mother died? Yeah.
My wife's parents were visiting.
With all due respect, is it possible your mother had a special friend? (SCOFFS) God knows she needed one.
LISA: Stop it! What makes you say that? Mom wouldn't betray my father.
She wouldn't.
This man was seen coming out of your mother's room shortly before you and your father got there.
And based on that, you think she was having an affair? It's ridiculous.
Lisa's having a hard time accepting the situation, but she's got a point.
How so? Well, between taking care of my father and keeping house, I don't see how my mother would have found time to have an affair.
You make her sound like such a saint.
She found time to go to that stupid support group two nights a week.
That support group was the only thing that kept her sane, and you know it.
She should have been with Dad instead of talking about him with a bunch of strangers.
It wasn't right.
ED: Three Philip Greitzes in our database.
One of them's too young to be our guy, and the woman at the gift shop didn't recognize the other two.
We found four more in the tri-state area.
Our man's not among them.
What about from the other end? Family says Mrs.
Hallenbeck hasn't had much of a social life since her husband started goin' downhill.
Well, she met Greitz somewhere.
How far gone is the husband? About half way to the vegetable patch.
The family's already been torn apart by Mr.
Hallenbeck's condition.
Now this.
Mrs.
Hallenbeck went to an Alzheimer's support group two evenings a week? That's our next stop.
Do you recognize this man? Looks like Philip Greitz.
He was in Marjorie's group.
Why are you asking about him? Do you know where we can find him? You don't think he killed her? Nice man like that? Uh, Philip, lives at "203 East 20th Street.
" I don't think so.
That's the Police Academy.
Can we have a copy of that file? I suppose so.
I won't be needing it anymore.
Why not? He dropped out about six weeks ago.
Said his wife had died.
Oh, my.
Marjorie stopped coming to group about that same time.
Lisa Hallenbeck says her mother went out every Tuesday and Thursday evening, like she was goin' to the group.
We pulled her credit card receipts.
The opera.
Thursday night seats for the season.
1200 bucks.
Dinner at LeCirque 2000 every Tuesday night, six weeks in a row.
Charges at Barneys for ties, men's dress shirts.
Diamond cufflinks from Tiffany's.
Yeah, the cufflinks can't be for her husband.
He'd stick 'em in his ears.
These people wealthy? They're comfortable.
Mr.
Hallenbeck's on a generous pension.
They got respectable savings.
Gone in 30 seconds at this rate.
Five weeks ago Mrs.
Hallenbeck ran up $10,000 charge to a place called Romantic Getaways.
Gotta be a travel agency.
For 10 grand, you shouldn't have to come back.
Well, Mrs.
Hallenbeck booked a luxury stateroom on the Queen Sophia.
That's the flagship of the Stafford-Kensington cruise line.
It doesn't come cheap.
Passage for two? She and her husband.
Did you happen to meet Mr.
Hallenbeck? Yes, he picked up the tickets.
He's very friendly.
We chatted.
What about? Well, he saw I had on a Dolce & Gabbana, so we talked about men's fashions.
This him? Yes.
What'd he do? You got an address for him? Probably Gracie Mansion.
That's the same as Mrs.
Hallenbeck.
You want me to write that down? No, it's okay, we got it.
Did he ever happen to come back again? Maybe leave a phone number? A fax.
He wanted me to fax some information on the ship's activities.
He was interested in ballroom dancing.
Please tell me you kept the fax number.
Yes, that's Mr.
Greitz.
He had an account here.
He closed it about a week ago.
How did he pay? Cash.
I can't imagine why the police are looking for him.
He is so not a criminal.
Did he, uh, leave you an address or a phone number? He was staying with a friend.
Didn't want to tie up the phone with his personal calls.
Very considerate of him.
He was just the nicest man.
So he got faxes here.
Did you deliver them anywhere? Oh, no.
He picked them up.
He ever use your fax for outgoing? Uh, wouldn't that be privileged? Uh, no.
I don't know anyone named Philip Greitz.
Maybe you never met him.
He sent you a couple of faxes.
This looks like Eric.
There must be some mistake.
What's Eric's last name? DeChagas.
So why are you calling him Philip Greitz? What does Mr.
DeChagas do? He imports antiques and fine art from Europe and Asia.
All right.
Can you tell us how you met Mr.
DeChagas? My husband had cancer.
I went to a support group.
And Mr.
DeChagas was there because his wife was dying of cancer? That's right.
At Sloan-Kettering.
What is this about? (SIGHS) Mrs.
Wynnick, we think that this man preys on wealthy women in support groups.
Oh, no, that's not possible.
You have no idea how kind Eric is, and generous.
Otherwise, why would he have given me this watch? Does that watch have the initials M.
H.
Engraved on the back? Why, yes.
It was his mother's.
Her name was Mary Helen.
Well, I hope you've got another one, because that one was stolen off a corpse.
Lisa Hallenbeck ID'd the watch as her mother's, but there's no prints on it except for Mrs.
Wynnick's.
And I take it there wasn't any Mrs.
DeChagas at Sloan-Kettering? Big surprise.
This guy's good.
His trail's colder than dead.
Well, there can't be more than a thousand support groups in New York City, gentlemen.
Oh, yes, certainly I know him.
This is Dr.
Gary Kennit.
Doctor this time.
Are you sure? Because we've talked to a lot of people who think that maybe they might have seen him somewhere, sometime I've never had a member so supportive of the other poor souls.
You don't forget a man like Gary.
Why are you looking for him? The Mayor wants to give him a medal.
What night does he come here? Oh, he hasn't come for a few weeks now.
He, uh, called to tell me that his wife had passed on, and to thank me for my help.
What address did he give you? No address.
Any of the women members go missing in the last few weeks? Well, Gloria Blumberg's been absent.
We'll take her address.
Guy's juggling at least three lady friends.
Must be putting somethin' extra in his tank.
Jealous? You think true love can't happen twice, but then it does.
It's amazing.
That mean you're still seeing Dr.
Kennit? Of course.
What is it you want to talk to him about? We think he has some information for us.
Do you know where we can reach him? I'm afraid he's somewhere over the Atlantic right now.
It's so tragic.
First his wife dies, then his brother gets killed in a car accident outside of Paris.
I bet you paid his airfare.
Oh, poor man.
He'd maxed out his credit cards.
ED: First class? Of course.
He'll pay me back.
BRISCOE: What airline? British Airways to Paris.
What time was the flight? Uh, four hours ago.
Yeah.
Thank you, very much.
He never got on the plane.
He's traded his ticket for one to St.
Kitts.
Sure.
No passport requirements, no extradition treaty.
And a plane that doesn't leave for an hour and a half.
May I help you? We'll be discreet.
Mr.
Greitz? I'm sorry, I'm Dr.
Kennit.
And about 17 other people.
Is this your bag? Yes, it is.
You mind if we look in it? Gary, what's this about? Ma'am, would you excuse us for a minute? Well, I Did I hear a yes? What happens if I say no? Pretty much the same as if you say yes.
Then go ahead.
My late wife's jewelry.
Uh-huh.
Minus the watch.
You're under arrest for the murder of Marjorie Hallenbeck.
You have the right to remain silent.
You also have the right to an attorney unless you actually are one.
He refuses to tell us his real name, Your Honor, and he doesn't have an attorney.
I've had a long day, Ms.
Carmichael.
What about his fingerprints? Nothing came up on the computer.
Mr.
Rumer Uh, sorry, Judge.
Uh, I have an appointment.
You'll be a little late.
Met your new client, John Doe.
Mr.
Doe, I'm postponing arraignment until the police can determine your identity.
Until such time, I'm remanding you to custody.
That won't be necessary, Your Honor.
Mr.
Weiss.
Do I take it you're representing our Mr.
Doe? May I have a moment? My client's name is Raymond Quinn, and he pleads not guilty to the charges.
He's committed no crime.
I ask he be ROR'd.
CARMICHAEL: Remand, Your Honor.
Mr.
Quinn was apprehended fleeing the country.
He was traveling on a round-trip ticket.
Which he could have cashed in once he got to St.
Kitts, and lived happily ever after with no fear of extradition.
Bail is set at $500,000.
Judge, Mr.
Quinn is virtually indigent.
Really? Who's paying your fees? Mr.
Quinn has generous friends.
Let them pony up his bail.
Marjorie realized it was foolish to have her jewelry at the hospital, and she gave it to me for safekeeping.
To you instead of to her family? How exactly did that come about? A husband with Alzheimer's, a grasping daughter, a son who couldn't make time to help her.
Is it so odd she'd rather I had it? So you could give it to your other lady friends.
You told the police you left Mrs.
Hallenbeck's room around 8:30 that evening.
And I had the jewelry with me at that time, so obviously, I didn't need to come back and kill her for it.
CARMICHAEL: Lisa Hallenbeck says her mother had the jewelry when she and her father were there.
That was after you say you left.
She's mistaken.
JACK: She's mistaken? We're supposed to take your word for it? A jury is supposed to take your word that he killed her? Where's your evidence? For starters, your client's bad character.
Maybe by your narrow-minded standards.
I'll entertain murder two.
Not a chance.
Mr.
Quinn romances lonely women who buy him gifts.
I have five of them so far who'll testify that his passions are far from violent.
We need to dig deeper.
Find women who are less Stupid? Romantic.
It'd also be nice to find someone beside the daughter who can say Mrs.
Hallenbeck still had her jewelry after Mr.
Quinn left.
No, she just had on her wedding ring, no other jewelry.
How can you be sure? Because I noticed her pendant, and asked her about it earlier.
She said it was her great-grandma's and got passed down.
When you saw she wasn't wearing it later, did you ask her where it was? She said it was safe.
You're positive about the time? A little before 9:00, just before her husband and her daughter came to visit.
CARMICHAEL: Mr.
Hallenbeck, do you remember when you went to visit your wife at the hospital? Yes.
Lisa and I went to see her.
Then she died.
Yes, sir, I'm sorry.
Was she wearing her jewelry when you saw her? The gold cross that was handed down to her? She loved that cross, you know.
Wore it almost all the time.
Was she wearing it that night? She never would have given it to just anyone.
Did she tell you that she gave it to someone? You're pretty.
Mother would look better with hair like yours.
His mother died Stop interrupting.
I'm talking to a pretty girl.
Mr.
Hallenbeck You're pretty Mother would look better with hair like yours.
He's sundowning.
I'm sorry? It's the sundown effect.
He gets worse as the day wears on.
It's kind of like the lights slowly goin' out.
Would it be better if I came back in the morning? You could try.
Did you know about your mother's affair? No.
But I did notice a change a few weeks ago.
She seemed lighter, like some weight had been lifted off her shoulders.
Did your sister know about your mother and Mr.
Quinn? No, I doubt it.
She'd have been after me to do something about it.
What could she expect you to do? Make sure that Mom didn't run off with that man.
Make sure Lisa didn't get stuck with Dad.
Make sure Mom didn't fritter away their savings.
Money was a big worry? Yeah, sure.
Lisa was afraid taking care of Dad would bankrupt us.
And now? Did your mother have life insurance? Yeah.
Why? Marjorie said her daughter was having a hard time accepting the Alzheimer's diagnosis.
Lisa was very close to her father.
And how did Lisa feel about her mother? Well, Marjorie never said anything bad about her.
But? I got the impression there was some tension between them.
What about? It would be a guess.
That's fine.
Marjorie knew the time was coming when she was going to have to put her husband in a facility.
Well, isn't there in-home care? It's just too hard on the family after a while.
A 60-year-old man whose diapers need changing, who can't remember who you are, who gets angry because he thinks you stole his tricycle The man she married was disappearing before her eyes.
And Lisa had a problem putting Mr.
Hallenbeck away? Marjorie thought it would become an issue.
So this Casanova killed her for her jewelry, or the daughter killed her for what exactly? CARMICHAEL: Life insurance.
Seven hundred and fifty thousand dollars, split equally between Michael and Lisa Hallenbeck.
Big policy.
She upped it after the husband was diagnosed.
Didn't want him to bankrupt the kids if she died.
A woman in her 50s.
Stiff premium.
Her son said she felt it was worth it.
So what are we assuming here? The nurse had no reason to lie.
She says the jewelry was gone by the time the family came to visit.
Wrong man in custody.
We haven't been able to find anyone who's seen any violence in Mr.
Quinn.
Lisa Hallenbeck seems unstable, extremely attached to her father, angry at her mother.
And don't forget about the money.
Speculation.
Enough to cast doubt on Quinn's guilt.
Have the police talk to Lisa Hallenbeck.
Why won't you listen? She had the jewelry on.
Somebody killed her for it after my dad and I left.
Lisa, there was nobody there but you and your father.
That's not true.
There were nurses and other patients.
It could have been anybody.
But it wasn't just anybody.
It was somebody with a motive.
Tell us what happened, Lisa.
We went to my mother's room.
She said, "Why don't we go sit in the solarium?" So we did.
Is that when you noticed she wasn't wearing her jewelry? Yes.
Did you ask her about it? She said she'd taken it off and put it in the nightstand drawer in her room.
I said I was going to get it and bring it home, and she stopped me.
She said she'd given it to a friend for safekeeping.
Did you ask what friend? Yes.
She said it was none of my business.
What happened after that? How many times did you hit her, Lisa? You did hit her, didn't you? We're gonna ask your father.
How long you think it's gonna take us to get it out of him? Leave him alone! He's sick! Maybe you're hopin' he forgot.
You son of a bitch, stop it! We'll stop it when you tell us what happened.
All right! I hit my mother, okay? I didn't mean to kill her! What did you hit her with? My fists.
(CRYING) She fell and hit her head.
I didn't know she was still alive.
I would've I would've gotten help, but Dad was getting upset.
Why did you run? I thought about Dad.
If I went to jail I'm all he has now.
So what's the charge? Man one.
Are you kidding? Heat of the moment, unpremeditated crime of passion.
Not to mention the money.
And the strain of caring for her father.
If she intended to kill her mother, she wouldn't have used her fists.
Maybe she didn't.
Final autopsy report.
Center of one bruise, there's a darker impression.
This says it's perfectly square.
Doesn't sound like any fist I ever saw.
The M.
E.
Say what it was? Just a square.
Little over half an inch.
If Lisa Hallenbeck picked something up and used it as a weapon, man one's undercharging.
RODGERS: It's not a blunt object somebody picked up (SIGHING) It's a ring.
Sorry, oversights happen when you let the late shift do the finishing touches.
Lisa Hallenbeck wears a small sapphire.
It'd have to be the Star of India.
Can you get him to take his hands out of his pockets? Why? We need to see his hands.
Oh, my fingernails are dirty again.
They just keep getting dirty no matter what I do.
Nice ring.
It's my dad's.
Mr.
Hallenbeck, we're going to have to take you down to the precinct.
Whoa, whoa, whoa.
What're you talking about? I'm gonna put these on you.
It won't hurt.
It's just routine.
You son of a bitch! No one told you you could touch me! Dad! What makes you think you can Dad, Dad! What are you doing? BRISCOE: My God MICHAEL: Hey! Take it easy! ED: You're under arrest for the murder of your wife.
My dad says I have to be home before dark.
ED: You have the right to remain silent.
Anything you say can and will be used against you Sole count is murder in the second degree.
Can we get a plea, Counselor? On behalf of my client, not guilty.
People on bail? The defendant killed his wife in a jealous rage, Your Honor.
People ask remand.
PAULSEN: My client suffers from Alzheimer's.
He's not capable of the kind of premeditated assault Ms.
Carmichael attributes to him.
What is he capable of? Well, like most Alzheimer's patients, he's prone to uncontrolled fits.
He's irrational.
He reacts only to the crossed wires in his head.
I have an affidavit from Phelps at Johns Hopkins and scientific studies published in leading journals.
Planning to interpose mental disease as a defense, Ms.
Paulsen? That would be premature at this time.
Then, save it for the trial judge.
Until then, the defendant doesn't look like he's going anywhere, Ms.
Carmichael.
Bail is set at 150,000.
His wife was having an affair.
She and the daughter had a tiff about it in front of him.
Did he grasp what was going on? We were hoping you could tell us.
Where was the daughter while he was killing her mother? She says she went to her mother's room to look for the jewelry.
A nurse confirmed seeing her in the hallway.
How long was she gone? Four or five minutes.
And it was all over when she got back? All but the dying.
So, for all you know, Mr.
Hallenbeck thought his wife was an alien demon.
We're not trying to railroad him, Emil.
We just need to know.
Alzheimer's patients have good days and bad days.
Good days, they're almost normal.
Bad days What were the injuries to the victim? These bruises on her arms indicate he grabbed her from behind.
Two hard punches to the solar plexus So he must have spun her around.
She went down, hit her head on the corner of the table.
Happened fast.
Were there any other injuries after she was on the floor? No.
The attack stopped.
So much for the uncontrolled fit.
Maybe.
What'd he do after? Did he panic? Did he try to get help? We don't know.
Well, then I'm sorry, I can't help you unless I can get a sit-down with Mr.
Hallenbeck.
I'll talk to his lawyer and arrange it.
(SIGHS) I was at the hospital.
Marjorie was there.
And your daughter? Lisa wanted to know about the jewelry.
Boy, was she mad.
What about you? Were you mad? She said she deserved some happiness.
Who did? Your wife was happy with somebody else.
Were you jealous? Do you know where they'll put me? I have some problems, you know.
What kind of problems? I keep forgetting things.
(SIGHS) Does that frighten you? Why did you hit your wife? She gave the watch to her boyfriend.
It was her watch, wasn't it? I gave her that watch! She gave it to some damn bastard gigolo! She had no right! Supposed to be with me! Take care of me! After you hit her, did you go for help? No.
(SIGHS) I, uh, left the room.
Lisa was standing in the hallway.
Did you ask her to go for help? I didn't.
I just told her that I want to go home.
Skoda says Mr.
Hallenbeck understood what was happening in the solarium.
He knew his wife was seeing another man.
So he was sane at the time of the killing.
Is he fit to stand trial? In Skoda's opinion, he's in the intermediate stages of the disease.
It could be as much as eight to 10 years before he's incompetent.
Jury's gonna see a pathetic old man with Alzheimer's.
Make a deal.
JACK: Man one, six-to-12.
No jail time.
Misdemeanor assault? Not possible.
It was unpremeditated.
I talked to both the children.
Mr.
Hallenbeck was a controlling man long before he got Alzheimer's.
Everything had to be done his way.
I've talked to them, too.
He was never violent, never physically abusive.
Did you read Dr.
Skoda's report? There's nothing new.
Read it again.
Skoda says Hallenbeck was capable of lucid rage, and was rational at the time of the attack.
Man one, or we go to trial.
Assume you convince a jury, where you going to put him? State prison.
Where he'll be at the mercy of every maggot in the system.
All prisons in the State of New York have a hospital ward.
I'll give you the benefit of the doubt and assume you've never seen one.
In the meantime, here's some, uh, light lifting.
What's this? Motion to dismiss in the interests ofjustice.
On what basis? The Eighth Amendment.
Putting an Alzheimer's patient in a prison hospital ward is tantamount to cruel and unusual punishment.
Seems like a stretch.
Well, what do they do with Alzheimer's patients in prison? Whatever it is, I can't see how it could be cruel or unusual.
We're underfunded, understaffed, and overcrowded We have no Alzheimer's specialists, and we're not likely to get one.
Alzheimer's patients need to be in familiar surroundings with people who care about them.
Here, they have no contact with their families, no one who has one-on-one time for them, no privacy.
You have any Alzheimer's cases here now? Eleven, with more on the way.
I've been trying for months to get them moved someplace more appropriate.
Try to understand.
We're really doing the best we can.
(PEOPLE SHOUTING) It's revolting, Jack.
You walk in, and the stench knocks you back six feet.
There's screaming and babbling.
It's like you've entered the fourth circle of hell.
There are a dozen men strapped down to beds, wearing nothing but dirty diapers.
Half of them are crying, and the others are spouting gibberish There are two nurses and three orderlies per shift.
It's the most appalling place I've ever seen.
Where are the doctors? A doctor comes by once a week.
And for some kinds of emergencies, a psychiatrist wanders through there once a month if they're lucky.
What would this kind of setting do to Mr.
Hallenbeck? Sixty-year-old man in diapers chained to his bed, with no privacy, no dignity, nobody with time to take care of him? What do you think? And if he's found not guilty by reason of insanity? Then the options improve.
Better facilities, more personnel.
More humane all around.
Prison wards aren't deliberately inhumane.
I'm not blaming the Department of Correction.
Things are just marginally better on the outside.
But 20 years from now, when the baby boomers reach their golden years We're just seeing the tip of the iceberg.
Good luck.
Thanks for the editorial.
Now, how about a solution? Good luck.
We should let Hallenbeck take the insanity plea and send him somewhere livable.
He isn't legally insane.
And he did commit homicide.
Unpremeditated.
I'm not talking about letting him go.
You didn't see this place.
You have no idea.
Do I hear a soft side scratching toward the light? Jack I don't see a way out, Abbie.
But if you think you can work something out, be my guest.
CARMICHAEL: One option might be a determinate sentence to be served in some kind of halfway house.
PAULSEN: How much time? Six years.
A halfway house? What does that mean? Would he just have to sleep there? No.
He'd be subject to the same rules as if he was in prison.
No, no.
Dad has to be at home with me.
I told you what I want.
They're not taking him away from me.
Next option? We're trying to work out a humane situation here.
It's already on the table.
You don't oppose his insanity plea.
Even though he was legally sane? That's neither here nor there.
Incarceration is not an option.
Why? Because he's old and pitiful? Send him where you send everybody else who kills people.
Why should he rate all this consideration? Michael, Dad can hear you.
I don't care, Lisa.
I am so sick and tired of making excuses for him.
He never gave a damn about Mom or me or you.
And she finally takes one step away from him, and he kills her.
You never liked him.
You always took Mom's side.
He didn't mean to kill her, and he had every right to be mad.
He's a jerk, and he's never been anything but.
He deprived my kids of a grandmother that they needed and loved.
And you want to deprive them of a grandfather.
Wake up, Lisa.
If you think I would ever let him near my kids again, you've lost your mind! Okay, if the law says that he's sane, your shrink says that he's competent, why are we here, huh? What's the problem? What the hell's the matter with you people? Compassion? If he weren't sick, I'd say fry him.
They're all sick, one way or another.
What makes him different? Well, let's see.
Oh, yeah.
Alzheimer's.
Abbie, you tried.
The daughter refuses to let go.
What do you want to do? Sleep on it.
Shall I tell you again what the prison ward is like? We'll factor it in, Abbie, but we're not basing our decision on that alone.
All right, it's been a long day.
Should've gone to Sing Sing yourself.
The conditions under which a prisoner is forced to live, whether in prison or hospital, cannot violate the Constitutional ban on cruel and unusual punishment.
Whether those conditions are the product of design or neglect doesn't matter.
The mere existence of intolerable, inhuman circumstances triggers the ban.
If convicted, my client will be forced into a prison system that cannot provide the care he needs.
Worse, once his disease fully overwhelms his faculties, he will be housed in such execrable conditions as to hasten not only his mental and physical deterioration, but his death under appalling circumstances.
Whatever his transgressions, nobody deserves such a fate.
There's a time for justice and a time for mercy.
The Criminal Procedure Law provides for the dismissal of charges even where the elements of the crime are not in dispute in certain cases in the interest ofjustice.
This is such a case.
The Eighth Amendment does not prohibit capital punishment, or solitary confinement, or hard labor.
As long as the punishment is not meant to inflict pain for pain's sake, the Eighth Amendment doesn't apply.
Mr.
Hallenbeck will receive the same punishment as other prisoners.
The same food, he will share the same living conditions, and get the same level of medical care.
Mr.
Hallenbeck is the victim of a terrible disease.
He faces a grim future in prison, but it's a future largely of his own making.
He was sane when he killed his wife in a fit ofjealous rage.
He's responsible for his crime, and he's responsible for his punishment.
Instead, he wants this court to excuse his brutal act.
But society and the law demands punishment for murder.
It was wrong of Mr.
Hallenbeck to kill his wife just because he felt sorry for himself.
And it would be wrong for this court to turn a blind eye to his crime just because we feel sorry for him.
I find the application of Charles Hallenbeck for dismissal of the charge of murder in the second degree is not without merit.
Mr.
Hallenbeck is facing that dark night, which in some ways is worse than death.
By the nature of his condition, he will face it alone.
That being said, I cannot determine that subjecting Mr.
Hallenbeck to a trial and possible conviction is violative of the Constitutional prohibition against cruel and unusual punishment.
At this time, he is of sufficiently sound mind to assist his attorney, and to understand the nature of the proceedings against him.
The motion is denied.
McCoy.
If Mr.
Hallenbeck doesn't want to go through a trial I'm willing to knock it down, but he has to do some prison time.
You offered time in a halfway house.
Yes.
Six years.
That's not fair.
If he hadn't gotten sick, then Lisa, please.
It's all over.
(SIGHS) We'll take it.
We were at the hospital My wife was, uh, was telling my daughter about the jewelry.
Mr.
Hallenbeck? Is it August already? Hot in the summer.
Will the People inquire? Mr.
Hallenbeck, in the hospital, did you punch your wife with your fists? Yeah, I did that.
Why? She didn't want me anymore.
Oh, I'm a sick old man.
(CRYING) She didn't want me.
Is that why you killed her? You were angry that she might leave you? She had no right.
I needed her.
I needed her! The plea is satisfactory to the People.
Mr.
Hallenbeck, in accordance with the terms of your plea agreement, you are hereby sentenced to a term of six-to-12 years and remanded to the custody of the Department of Correction.
I have to go away now.
Lost her father twice.
Lousy deal all around.
The law went as far as it could.
Lisa Hallenbeck wanted all or nothing.
One day, we might all wish we had a kid like that.