Law & Order (1990) s18e09 Episode Script
Executioner
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.
This is about a six foot tall patient, about 150 pounds, sort of an average sized person.
I'm going to start my incision about two finger breadths above the tip of the trochanter.
I find that's about the right height for an average sized patient.
I'm going to make an incision about 10 to 15 millimeters (EXHALES) (TELEPHONE RINGING) The room's registered to Dr.
Mark Burns, he's up from Philly for a medical conference.
Are we sure this guy is Burns? Well, we didn't find his wallet, but there's his name tag.
LUPO: Have you talked to the people who organized this conference? CORMACK: Yeah, everybody checked out of the hotel this morning.
The housekeeper found him when she came to turn over the room.
Wedding ring, cheap wristwatch.
Hey,Joe? If he was using the hotel Internet, could you get a printout of his browsing history? Sure.
Hair and blood on what's left of the champagne bottle.
Cause of death looks like acute cerebral hemorrhaging from a blow to the head, between midnight and 3:00 this morning.
That's a lot of blood.
Yeah.
It looks like our perp whacked him at least three or four times.
It's Burns' Amtrak ticket.
LUPO: ATM receipt.
He took out $800 at 11:07 p.
m.
from the Citibank around the corner.
What's he need 800 bucks that late at night for? The conference was organized by the National Orthopedic Surgeon's Association.
There were 120 guests registered Thursday and Friday.
Any problems here with Dr.
Burns? Nothing I'm aware of.
Stop it right there.
Burns with a man and a woman.
They don't look like orthopedic surgeons.
ED: That's 10:58, so he was on his way to the ATM.
Okay.
Go ahead.
Yeah.
Right there.
He comes back alone at 11:14.
That's seven minutes after he left the ATM.
We're going to need a copy of this, all right? Joe? Hey_ Here's the doc's browsing history.
(SIGHS) His latest entry was yesterday afternoon, a Google search for New York City cyber cafes.
Hmm.
Why go to a cyber cafe when he could use his own computer in his own room? RACHEL".
He's dead? Unfortunately.
Yuck.
You recognize him? Yeah, he was here yesterday.
He ordered a decaf, bought some internet time.
Great.
Can you tell us which computer he used and what time he used it? I'd need to ask my boss if that's okay.
LUPO: What have you got here? You got a golden retriever? RACHEL: Yeah.
His name's Coney.
LUPO: Coney.
You know, like the island? Right, Coney Island.
I've heard of that.
Check this out.
Uh, there he is.
Aw, that's so sweet.
That's Otto.
Yeah? So, about that computer He's browsing personals.
"Casual encounters.
" Mmm-hmm.
Look, there's one listing he keeps going back to.
Right.
"Bored housewife, 28, seeks married man for NSA fling tonight.
" (CELL PHONE RINGING) Hello? All right, we'll be right there.
Burns' wife just showed up at the morgue.
Who would do this to him? He was here with a bunch of doctors.
LUPO: Did he know anyone at the conference? No.
He'd never been to one of these before.
Forgive me for asking, but how were things between you two? (SOBBING) Great.
We've been married for 16 years.
And we have two daughters.
I just can't believe this is happening.
When was the last time you spoke to your husband? He called at and he said that his wallet had been stolen.
Did he say what time he got mugged? Around 8:00, on his way home from dinner.
He sounded so upset.
And then he He asked about the girls.
He said he couldn't wait to come home.
LUPO: Well, Burns lied to his wife.
He told her his wallet was stolen at 8:00, but he used his ATM card three hours later.
Was our mystery couple with him? He's alone.
You ever hook-up online? What, with all them whack-jobs out there? I suppose you have a story.
I was in college, I met this girl in a chat room.
You're going to have to get a couple of beers in me if you want to hear the rest.
Hey.
I got a man and a woman entering the hotel lobby a little after 10:00.
Did you figure out where Burns spent $800 an hour before he was killed? He goes online to have an extramarital fling while he's out of town.
He ends up with two scam artists who take his wallet and as much cash as he can get from his ATM.
So he pays up and they kill him? ED: Or they find another bank card in his wallet.
They don't have the PIN number, so they go back for another installment.
I wonder if this "bored housewife" is still looking for company? (PIANO MUSIC PLAYING) Edward? Hi.
Linda, right? Better than I expected.
Yeah, you, too.
Let me get you a drink.
I'm a little nervous sitting here.
Why don't we just go up to your room? Well, let's just talk for a little while.
Listen, uh, what were you doing with this doctor last night? Whoa, whoa, whoa.
Stay right there.
ED: Sweet.
Can't wait to see your home movies.
We know your friend is somewhere nearby waiting for a signal.
Get him in here.
Listen to me, Linda, or whatever your name is, get him in here, or you're taking all the weight.
How many married men have you ripped off like this? I don't know what you're talking about.
How's it work? Your girlfriend screws him and then Then you come in and lean on the guy? Whatever, man.
You don't want to talk to me? All right, be a smart-ass.
As soon as we lift the prints off the bottle from the hotel room What bottle? The bottle you used to bash Burns's head in.
What? No.
No, no.
No way.
If your dirty movie puts you in Burns' room, you're looking at life in Bedford Hills.
Look, we ran our game on that doctor, but I swear we never went back there.
Well, you blackmailed him once.
Why not go back for more? It's not just about the money.
It's the moment.
The guy thinks he's done with me, but he's not.
You can't believe the rush.
Where'd you go when you left? There was another married guy in Westchester.
We took him for 2,500 the same night.
I need a name and an address.
Irving.
It was at a motel off the Thruway.
My car has an E-ZPass.
We paid tolls on the way there and the way back.
You can check that out, right? Her handbag had a little cut-out so she could tape whatever went down.
LINDA: I hope you're as horny as I am.
Oh, lam.
You' re really attractive.
Thanks.
My husband won't have sex with me anymore.
So how about you? Your wife doesn't do it for you? (STAMMERING) I'm sorry, Linda.
I changed my mind.
LINDA: Oh, you're just nervous.
No, I mean it.
I really think you should go.
(BANGING ON DOOR) MAN: Dr.
Garrison? Open this door! Don't answer that.
Oh, he didn't even go through with it and they still strong-armed him.
Their alibi checks out.
E-ZPass has them leaving the city at 11:35 p.
m.
and returning early that morning.
So, if they didn't do the murders, we're back to square one.
Rewind to the knock on the door.
There.
BURNS: I really think you should go.
(BANGING ON DOOR) MAN: Dr.
Garrison? Open this door! Don't answer that.
The guy at the door has a southern accent.
He's banging on that door hard like he's got his mind set on seeing Dr.
Garrison.
I wonder if our perp killed the wrong doctor.
ED: You attended a medical conference at Lennox Grand Hotel, Dr.
Garrison? I was one of the course directors.
A doctor was murdered in his hotel room, a Dr.
Mark Burns.
Burns Oh, my God.
LUPO: You knew him? Not really.
He showed up at the conference, he hadn't registered.
The hotel was booked, so I gave him my room.
You were just feeling generous? Well, I live here in Dobbs Ferry.
He needed a room.
I thought why not sleep in my own bed.
You think the person who killed him was looking for me? Can you think of anybody that would want to hurt you? Me? No.
Any patients with complaints against you? You're a surgeon, right? I don't do surgery anymore.
I do consultations and research.
I'm going to retire at the end of this year.
LUPO: I see you play golf.
Looks like you're pretty good.
Myrtle Beach Invitational.
My wife and I vacationed in South Carolina for years.
She passed on.
I'm sorry.
Golf and medicine, that's my life now.
Why would anyone want to kill me? The New York Medical Board doesn't have any complaints against Dr.
Garrison.
LUPO: He's got no criminal history, but this is interesting.
He posted a $300,000 bail for his daughter six years ago in South Carolina.
What was she in for? Mandy Garrison, age 26, sentenced to five years for selling methamphetamines.
She was paroled six months ago.
She's living in a halfway house in White Plains.
Meth-heads have real bad tempers.
I'm totally clean, and I did my time, five years in Bedford Hills.
ED: Bedford Hills is in New York.
Your conviction was in South Carolina.
My dad had me transferred so he could play hero dad to hisjunkie kid.
I take it you and your father don't get along? August 9th was the fifth anniversary of my sobriety.
Big ceremony, I got my five-year chip.
He was in South Carolina playing golf.
So, why are you asking me about my father? We think somebody tried to kill him.
Is he okay? ED: Yeah.
He was lucky.
The guy screwed up, killed the wrong doctor.
You obviously don't think it was me? Well, you just said there were problems.
Maybe you called one of your old meth buddies to do a favor.
That's ridiculous.
Any of your crew have a problem with your father? Me and my friends got busted on an anonymous tip.
Some of them thought my father was the one who ratted us out.
Iwasn't trying to hide Mandy from you.
I was just, you know, afraid this would upset her.
You worry about her.
Is that why you had her transferred to a prison where you could be near her? Mandy followed a boyfriend to South Carolina.
He got her into drugs.
My wife and I started spending some time there, but we couldn't get through to her.
The arrest saved her life.
After my wife died, I pulled some strings to bring her closer to me.
What kind of strings? I played golf with a prison warden down there.
He made a request, got her transferred.
Dr.
Garrison, why did you go to all that effort and then miss Mandy's sobriety ceremony, August 9th? Mandy's mind is, um Compromised.
She thinks she invited me, but she didn't.
She also believes you were the one that tipped off the police.
Another one of Mandy's delusions.
Yeah, but if her friends believed that That was six years ago.
These people are still in jail.
Frankly, Detective, I think this is about Dr.
Burns, not about me.
ED: It's starting to look like the attempt on Garrison's life is about something that happened in South Carolina.
Because his daughter was dealing drugs there? It's possible he dimed out her crew.
Whether he did or not, Mandy and her meth pals think he did.
Well, it's not that easy to move a sentenced prisoner to another state.
And the man who knocked on Burns's door looking for Garrison did have a southern accent.
Go home and pack.
Mandy Garrison and her boyfriend were dealing meth.
She got five years, he got 15.
He's incarcerated down at Greenville.
Does anything suggest that somebody in Mandy's crew had a problem with her, might have taken it out on her father? MASON: You're welcome to it.
I got to tell you, though, her crowd was lowlife meth-heads.
TheyWlkHlyou for your wallet if they're tweaking, but traveling to New York on a six-year-old grudge seems a little far-fetched.
These gold stars, they represent execution dates, right? That's February, April, August.
Star goes up once the execution is carried out.
Right.
And, uh, Lionel Hartigan, the Yost family murders MASON: Yeah, that one's a heartbreaker.
Hartigan killed a father and two little kids.
Jury sentenced him to death, but the bastard didn't die.
Wait, I read about that.
The guy survived his lethal injection.
Yeah.
There was a screw up with the chemicals.
Injection didn't kill him all the way.
Now he's a vegetable at the prison hospital.
That one ought to get half a star.
The execution date was August 9th? That's right.
Same day our doctor was here playing golf.
South Carolina law prohibits me from revealing the name of any persons involved in an execution.
This was lethal injection, so the person who was performing it was a doctor? A doctor's not required to administer a lethal injection in this state.
Okay, not required doesn't mean no.
Was it your friend, Dr.
Garrison? The Hartigan situation is not your concern, Detective.
Uh, look.
Somebody tried to kill Dr.
Garrison last week.
Horace? Is he okay? He's fine, but only because the killer got the wrong guy.
Next time, maybe he'll do it right.
Can you just tell us if we're on the wrong track here? I can't tell you you're on the wrong track.
No.
Anybody angry about what happened here, Warden Temple? Everyone.
(SIGHS) Some people are mad Hartigan suffered, others are mad he didn't suffer enough.
These two guys fighting in front of the prison TEMPLE: Hartigan's brother Shane got into it with Jamie Yost in the parking lot.
Hartigan killed Jamie's grandkids and his only son.
Jamie was here to see him die.
Shane Hartigan got in my face the minute we got outside the prison gates hollering, "You happy now?" I told him I wasn't.
His brother didn't die.
He shoved me and we got into it.
You ever see him after that? Hmm.
No.
But the cops put a car outside my house for a while just in case he, uh, tried anything.
Are you still worried? Uh, they told me to be careful.
But there ain't nothing Shane Hartigan can do to me worse than what his brother already did.
I know what this is about.
I wrote the FBI, FBI gave you my letters.
We're not working with the FBI on this, Shane.
The truth, about what the State of South Carolina did to my brother which is torture, which is against the Geneva Convention.
Law says they can kill Lionel fair and square 'cause he did kill those people.
But no law says they can torture him.
Why'd you take your anger out on Yost? My emotions got the best of me that day.
But I'm going through proper channels now.
So who do you blame for what happened to your brother? The Department of Corrections.
Prison guards ain't qualified to put needles in people.
If a doctor had done it, it would have been done right.
ED: So, you're sure a doctor didn't do it? Have you Have you seen my brother? Mmm-mmm.
No doctor would do that.
You sure you weren't in New York last week? Not last week, not ever.
The Mulberry Bistro has an exquisite cuisine.
We're actuallyjust looking for, like, a barbecue joint.
Oh.
Most of our New York guests prefer something a little more sophisticated.
This is the closest hotel to the prison, right? The closest one that's not a dump.
Did a Dr.
Horace Garrison ever stay here? Maybe he came to play golf? Oh, yes.
Dr.
Garrison has stayed here several times.
Can you check and see if he was here on August 9th? (TYPING) That's funny.
You're the second person this month who's asked about him.
Who was the first? He didn't leave a name.
He said the doctor from New York gave him some medical advice and he wanted to write a thank you note.
And did you give him Dr.
Garrison's information? I gave him the doctor's name but I didn't have his address.
Another party had booked the room.
Warden Sam Temple? You're good.
Samuel Temple booked the room.
Dr.
Garrison was here August 8th and 9th.
LUPO: Well, what about February 20th? Right again.
He was here February 19th and 20th.
He was also here in April? Yes.
Listen, do you recognize the man that came in asking about the Doctor? Oh, yes.
That's him.
This guy right here? Shane Hartigan? No, no.
The other man, the one he's shoving.
There must be some mistake.
I ain't set foot in Cardinal Court in years.
ED: But were you in New York last week? Looking for Garrison? I don't know a Dr.
Garrison.
Then we'll have to ask the Doctor himself.
You see, we're investigating the murder of a doctor named Burns who was staying in Dr.
Garrison's hotel room.
I'm sorry.
I don't understand.
Two little girls lost their father because somebody killed the wrong guy.
It was you, wasn't it, Mr.
Yost? No.
Then where were you last Friday night? Here.
I was right here.
We've sent your photo to the hotel in New York where the doctor was murdered.
Now, if anyone sees you, anyone recognizes you Why would they? You made a mistake, Mr.
Yost.
Own up to it.
No.
I don't know.
I can't say anything else.
I need to call a lawyer.
These charges are the final insult to a man who's endured unimaginable suffering.
What suffering is that? Mr.
Yost's son and grandchildren were brutally murdered.
He attended the execution of the killer only to see the procedure horribly botched.
This case revolves around an execution? Mr.
Yost murdered the doctor he believed botched the execution.
People request remand.
No bail? He'll languish in jail for months until the People realize they've made a mistake.
I'm going to remand the defendant.
But he won't languish.
I'm going to expedite this case to trial.
That's out of your hands, Judge.
Wrong, Ms.
Mahaffey.
My rotation in arraignment court ends this week.
I'll be handling this case personally.
(GAVEL POUNDS) Judge Paulsen grabbed this case because of the death penalty angle.
He's opposed, I assume.
Vehemently.
How does that impact our case? CONNIE: It's hard to say.
Yost killed Burns thinking it was Dr.
Garrison.
We're certain Garrison was the doctor in the South Carolina death chamber? All of his stays at the Cardinal Court Inn coincide with executions.
We'll have to illuminate Yost's psyche to get ajury see why he'd try to kill the doctor who didn't get the job done.
Take atrip to South Carolina.
I'm not here to judge or blame.
We just want to prosecute our case.
You really think Jamie Yost tried to kill Horace? He stalked him all the way to New York City.
Well, how did he figure out that You tell me.
I know the doctor's identity was closely guarded.
But did Yost make any effort to find out who he was? He approached a couple guys on the strap-down team.
How he found them, I don't know.
I'm going to need their names.
Their identities are protected, too.
If we can't connect the dots, Yost might go free.
Ms.
Rubirosa, you are not going to build your case by breaking our laws.
South Carolina law is very clear.
Any persons participating in executions are guaranteed anonymity.
Fine.
If we can't pull the hood off Garrison, he'll have to do it himself.
And why would he do that? The only reason Garrison is still alive is that Yost got the wrong guy.
If anyone should be motivated to put Yost behind bars, it's Garrison.
What makes you think I was the doctor at Hartigan's execution? All of your stays at the Cardinal Court coincide with executions.
And the prison always picks up the tab.
CUTTER: Jamie Yost tried to murder you.
If we can't prove that in court, he goes free and you're in danger.
He poses no threat to me anymore.
Oh well, lucky you.
I'm sure that will be a great consolation to Doctor Burns's children.
The professional consequences for this doctor would be devastating if his identity was revealed.
Don't play the reputation card, Doctor.
I understand you're about to retire.
Why do think they have a shield law in the first place, Mr.
Cutter? If the families of the other men who have been executed Look, I don't intend to sleep with a gun under my pillow.
MAHAFFEY: Why would we make a deal? The search of my client's home yielded nothing.
You have no evidence that he traveled to New York.
Then if he wasn't in New York, what's his alibi? Sorry.
There's no legal requirement that he offer one.
Ms.
Mahaffey, I'm open to discussing a plea to Man One.
After today, I won't be.
If I walk out that door You don't have Garrison, do you? I have more than I need to put your client If you can't establish a link between my client and the doctor who died, you have no motive to offer the jury.
That leaves you with a circumstantial case, with no provable circumstances.
I don't care what the law is in South Carolina.
I'm fully prepared to reveal what Doctor Garrison does in his spare time.
You may be prepared to say he's an executioner, but you can't prove it, can you? I wasn't bluffing.
We'll subpoena the Warden, the prison guards, and Garrison on top of it.
South Carolina will move to quash any subpoenas we issue.
CUTTER: So we'll litigate.
I'm not going to let another state's privacy interests defeat a murder prosecution.
That'll take years.
Can I see a list of the executions Doctor Garrison allegedly performed in South Carolina? There was a law review note about death penalty appeals.
The Supreme Court Uh Westlaw might be faster.
Here it is.
Arrest Doctor Garrison.
For what? Two counts of murder.
The murders of Moses LaSalle and Levon Pennybaker.
LaSalle and Pennybaker were executed by South Carolina while their death penalty appeals were still pending before the Supreme Court.
Because it takes four votes to grant an appeal and five to stay an execution.
Doctor Garrison administered lethal injections to these men before their cases had been exhausted.
But these so-called murders occurred in South Carolina.
Doctor Garrison's license qualified him to perform these executions.
So, this is about leveraging Garrison to cooperate with us? That's one interpretation.
Both these killers were given legal death sentences.
They weren't legal until the Supreme Court said so.
I'm sorry.
I I don't know that I can defend this against a motion to dismiss.
I'll defend it.
Arrest Garrison.
Please step back.
Make some room.
Move.
Let's go.
Step outside, sir? We have a warrant for your arrest.
Arrest for what? The murder of Moses LaSalle and Levon Pennybaker.
Murders? No, no.
Youyou You don't have to do this.
I'll come with you.
Sir, we don't have a choice.
But, please! Don't destroy everything I've worked for.
Our D.
A.
wants cuffs.
(PEOPLE MURMURING) I did nothing wrong.
This is a mistake.
I did nothing wrong.
We're moving to dismiss these outrageous charges.
These two convicted murderers were legally executed by the state of South Carolina.
JACK: Legally, Mr.
Weller? South Carolina killed these men while their appeals were pending.
Then go arrest the Governor, or the five Supreme Court judges who wouldn't grant stays.
I would if I had jurisdiction.
The executions did occur in another state, Mr.
McCoy.
How do you have jurisdiction? Doctor Garrison practiced medicine in New York City.
He has a New York State medical license.
But these executions occurred 500 miles away.
They imported a doctor becausethey couldn't find one in their own state.
Like the mob bringing in an out-of-town hit man.
New York has a compelling interest to see that its doctors don't participate in these barbarities.
It's a slim thread, but I like it.
You like it because you agree with his politics.
That's right, Mr.
Weller.
And I'm not dismissing the charges.
Next stop, federal court.
I doubt a federal court will get involved in this.
If I were you, Mr.
Weller, I wouldn't put your client at risk before a New York City jury.
You expect me to plead guilty? Testify at Yost's trial, I'll make this go away.
Don't let him blackmail you, Horace.
You've already been outed, Doctor.
Do you really want the additional notoriety of a murder trial? I don't have any choice, do I? I'm impressed, Jack.
You really went out on a limb.
Just make sure it was worth my while.
Now that we can establish Yost's motive, the defense is likely to try something unconventional.
For instance? Putting lethal injection on trial, an appeal to the jury's political views.
That shouldn't be a problem.
Because, Lord knows, something like that never works.
I met Warden Temple on the golf course in Hilton Head.
We became friendly and one day he asked for my help.
Help with what, Doctor? They were about to carry out a lethal injection and they wanted a doctor to monitor the procedure.
Why didn't he find a doctor locally? No physician would do it.
Why did you choose to help him? It was more humane than allowing some poorly trained paramedic: to do it.
Did you preside over the execution of Lionel Hartigan earlier this year? I didn't preside.
I administered the chemicals prescribed by law.
And the execution went awry? There was a problem with the injection site and the procedure was compromised.
And are you aware whether Jamie Yost was a witness to that? Yes, he was.
You're an orthopedic surgeon by trade, right, Doctor? I don't perform surgery anymore.
I was diagnosed with carpal tunnel syndrome in 1996.
But that didn't stop you from administering lethal injections? Well, that's like, um Comparing making a paper airplanes with building a 747.
Yet you went to South Carolina to help them make paper airplanes.
They must have treated you like real hero.
I didn't get paid a cent.
MAHAFFEY: But I'm sure they gave you the respect and adulation that you no longer received as a surgeon.
And on top of that, you got to play God.
Objection.
Sustained.
What went wrong during Lionel Hartigan's execution? During the IV drip, his vein became infiltrated.
The poison chemicals leached into tissue rather than his bloodstream? That's correct.
A lump appeared at the injection site.
He started convulsing andlapsed into unconsciousness.
Was that before or after the IV popped out of his arm and the drugs sprayed all over the death chamber, in full view of the witnesses? Before.
Then the curtain to the witness room was closed.
Did you then try to continue to kill Mr.
Hartigan? I told Warden Temple that to continue we would need to go to an OR.
At that point, he stopped the execution.
Were you disturbed by what happened, Doctor? Or embarrassed? Of course.
It's not supposed to go wrong like that.
Nothing further.
The People rest.
Approach? My first witness will be Doctor George Highgrove.
Lionel Hartigan's physician.
What's the offer of proof? He'll testify about his patient's medical condition from the moment the execution was botched.
I don't think that's relevant to the case And during his testimony, I'll be introducing Lionel Hartigan as an evidentiary exhibit.
Chambers.
Now.
Hartigan's in a vegetative state.
The sole purpose of this is to inflame the jury.
The jury is entitled to experience what Mr.
Yost expefienced.
There must be a better way than wheeling in a semi-comatose murderer and introducing him as Exhibit 23.
These executions are shrouded in secrecy.
I'm entitled to convey the horror of what happened.
To what end, Ms.
Mahaffey? My client was traumatized by what he witnessed.
His outburst against the man he believed was Doctor Garrison was triggered by post-traumatic stress.
CUTTER: Then let's hear from his doctor, not Hartigan's, minus the freak show.
I'm allowing it.
Because it's admissible, or because you oppose capital punishment, Judge? JUDGE: Take your pick, Mr.
Cutter.
Politics got you this far.
It's coming in.
Let's go.
Mr.
Hartigan's IV failed during the administration of sodium thiopental.
But enough of it entered his bloodstream to cause respiratory arrest.
His breathing stopped? For four to five minutes.
It caused anoxic brain damage.
Which means what? His brain was starved for oxygen.
He lapsed into a vegetative state.
MAHAFFEY: Would this have been painful, Doctor? HIGHGROVE: Agonizing.
His muscles would've started cramping and his head would've felt like it was going to explode.
And would this suffering be visible to Mr.
Yost? The trembling that Mr.
Hartigan is experiencing now is similar to what Mr.
Yost would've seen from the Witness Room.
But the convulsions would've been much stronger, much more violent.
The man murdered children.
Seeing him like that doesn't bother me.
Are you serious? You may not have been repelled, but I was.
And I'm sure some of the jurors were too.
Which means they'll be buying Yost's defense.
Well, he's taking the stand.
It'll give me the chance to go after him.
After he tells the jury how his family was slaughtered.
Yost killed an innocent man in ourjurisdiction.
No shades of gray in this for you, Mike? Nope.
Good.
Chris had the kids for the night.
Hartigan broke into the house looking for money to buy drugs.
He shot Chris in the head.
Then he went and finished off the babies.
How did you handle this tragedy, Jamie? I fell apart.
Chris was my only son, and the little ones I waited nine years for Hartigan to get what he had coming to him.
Did you attend his execution? Yes, ma'am.
But it went bad, just like they said.
How did that make you feel? (CLEARS THROAT) Well, I expected to come out of there with this weight lifted off of my shoulder, but it just made me angrier.
And then I had to watch Hartigan turn into some kind of victim.
Messed me up.
MAHAFFEY: So what did you do? YOST: Stayed drunk most of the time.
Then, when I finally got my head together, I had all this hurt building up inside of me.
So I thought if I could talk to the man who messed up the execution, I might be able to get some peace.
What steps did you take to find him? Once I got his name I looked him up on the Internet.
I saw he was going to be at this medical conference.
So I decided just to go up there and see if I can find him.
Find him and do what, Jamie? Get him to tell me what went wrong.
And I guess I wanted an apology.
When I told him who I was he acted like he didn't know what I was talking about.
Then he got all nasty, and said, if I didn't get the F out of there he was going to call security on me.
I grabbed the bottle, I kinda snapped, and I smacked him with it.
I didn't know until the police came a week later that That the man wasn't Garrison.
So you drove Yes, sir, pretty much.
An apology for what you saw in the death chamber or an apology for what happened to your family? In my mind it was all mixed up together.
Isn't revenge what you really wanted, Mr.
Yost? You struck him at least three or four times.
No, I just wanted to talk to the man.
You were so consumed with anger and rage that you never realized you were beating the wrong doctor to death? I was angry 'cause Garrison would not talk to me.
He wouldn't meet with me.
What do you mean? Well, the first night I was in New York City I lwent and Left a note for him with the hotel clerk.
I said my name and I gave him my phone number.
He never called me back.
The clerk was sure he got the message.
I waited two more days.
He just ignored me.
After everything that happened to my family, he couldn't make one lousy phone call? I'm sorry that I killed that man.
Itruly am.
But if I would've known it wasn't Garrison, none of this would have happened.
The hotel clerk seems to remember an agitated man leaving a note for Doctor Garrison.
And we didn't know this before because When he talked to the cops he says that they wanted information about Doctor Burns.
(SIGHS) We don't know if Garrison ever got the note.
So, we're going to have to recall him.
I don't know if I want to do that.
If the jury hasn't taken pity on Yost yet, this might push them over the edge.
Okay, then offer him Man One.
I don't want to do that either.
Well, make a choice, Mike.
We can't go to verdict and keep this thing a secret.
CUTTER: I'll ask you again, Doctor Garrison, did the desk clerk give you a note from Mr.
Yost? Yes.
Yost wanted to meet with me.
And instead of meeting with the defendant, you gave your room to Doctor Burns and neglected to inform the hotel? I had no idea my life was in danger.
I was just trying to protect my identity and avoid an unpleasant conversation.
Thank you.
So, at the end of the day, sir, Dr.
Burns died because you wouldn't have a word with my client? I didn't know this would happen.
I didn't think it through.
MAHAFFEY: Lionel Hartigan was supposed to pay for what he did.
He was supposed to be executed, and Jamie Yost was finally going to get some measure of peace, of closure.
Instead, he witnessed a horror show that drove even hardened professional guards into therapy.
Then he watched Hartigan become the darling of the anti-death penalty crowd.
And when Jamie finally reached out for answers, he was snubbed, dismissed.
Is it any wonder he snapped? Dr.
Burns didn't deserve to be in harm's way that day.
That was Dr.
Garrison's doing, not Jamie's.
My client has suffered enough.
Please end his nightmare right here.
(CUTTER CLEARS THROAT) I'm sorry for your loss, Mr.
Yost.
I can't imagine what you've been through.
But it doesn't justify what you did.
The defendant coolly and deliberately tracked Dr.
Garrison down, filled with a rage he knew might easily spark to violence.
This wasn't post-traumatic stress.
This was athirst for revenge, the revenge he couldn't have against Lionel Hartigan.
Now, we all saw what's left of Mr.
Hartigan in this courtroom.
Wasn't that enough retribution? Did killing an innocent man bring back the defendant's family? Or is it just another wasted life? Mr.
Yost knows better than anyone in this courtroom the person responsible for the pain and the sadness inflicted on Dr.
Burns' family should pay.
And pay dearly.
He wants a deal.
Not a chance.
Thejury's out.
I feel good about my summation.
What would he take? Man One.
Ten years.
What about 15? Will you excuse us for a second? What are you doing, Connie? Brokering a deal.
I'm not making a deal just because you feel sorry for the guy.
Mike, we might lose.
I'll take that risk.
Even if we do win, do you really think Paulsen's going to max him out? Or is this just about you and the death penalty? Murder Two, I'll take it.
On one condition.
Y'all got to stop Garrison.
What happened to me I don't know.
It just ain't supposed to happen like that.
It's a deal, Mr.
Yost.
These are their stories.
This is about a six foot tall patient, about 150 pounds, sort of an average sized person.
I'm going to start my incision about two finger breadths above the tip of the trochanter.
I find that's about the right height for an average sized patient.
I'm going to make an incision about 10 to 15 millimeters (EXHALES) (TELEPHONE RINGING) The room's registered to Dr.
Mark Burns, he's up from Philly for a medical conference.
Are we sure this guy is Burns? Well, we didn't find his wallet, but there's his name tag.
LUPO: Have you talked to the people who organized this conference? CORMACK: Yeah, everybody checked out of the hotel this morning.
The housekeeper found him when she came to turn over the room.
Wedding ring, cheap wristwatch.
Hey,Joe? If he was using the hotel Internet, could you get a printout of his browsing history? Sure.
Hair and blood on what's left of the champagne bottle.
Cause of death looks like acute cerebral hemorrhaging from a blow to the head, between midnight and 3:00 this morning.
That's a lot of blood.
Yeah.
It looks like our perp whacked him at least three or four times.
It's Burns' Amtrak ticket.
LUPO: ATM receipt.
He took out $800 at 11:07 p.
m.
from the Citibank around the corner.
What's he need 800 bucks that late at night for? The conference was organized by the National Orthopedic Surgeon's Association.
There were 120 guests registered Thursday and Friday.
Any problems here with Dr.
Burns? Nothing I'm aware of.
Stop it right there.
Burns with a man and a woman.
They don't look like orthopedic surgeons.
ED: That's 10:58, so he was on his way to the ATM.
Okay.
Go ahead.
Yeah.
Right there.
He comes back alone at 11:14.
That's seven minutes after he left the ATM.
We're going to need a copy of this, all right? Joe? Hey_ Here's the doc's browsing history.
(SIGHS) His latest entry was yesterday afternoon, a Google search for New York City cyber cafes.
Hmm.
Why go to a cyber cafe when he could use his own computer in his own room? RACHEL".
He's dead? Unfortunately.
Yuck.
You recognize him? Yeah, he was here yesterday.
He ordered a decaf, bought some internet time.
Great.
Can you tell us which computer he used and what time he used it? I'd need to ask my boss if that's okay.
LUPO: What have you got here? You got a golden retriever? RACHEL: Yeah.
His name's Coney.
LUPO: Coney.
You know, like the island? Right, Coney Island.
I've heard of that.
Check this out.
Uh, there he is.
Aw, that's so sweet.
That's Otto.
Yeah? So, about that computer He's browsing personals.
"Casual encounters.
" Mmm-hmm.
Look, there's one listing he keeps going back to.
Right.
"Bored housewife, 28, seeks married man for NSA fling tonight.
" (CELL PHONE RINGING) Hello? All right, we'll be right there.
Burns' wife just showed up at the morgue.
Who would do this to him? He was here with a bunch of doctors.
LUPO: Did he know anyone at the conference? No.
He'd never been to one of these before.
Forgive me for asking, but how were things between you two? (SOBBING) Great.
We've been married for 16 years.
And we have two daughters.
I just can't believe this is happening.
When was the last time you spoke to your husband? He called at and he said that his wallet had been stolen.
Did he say what time he got mugged? Around 8:00, on his way home from dinner.
He sounded so upset.
And then he He asked about the girls.
He said he couldn't wait to come home.
LUPO: Well, Burns lied to his wife.
He told her his wallet was stolen at 8:00, but he used his ATM card three hours later.
Was our mystery couple with him? He's alone.
You ever hook-up online? What, with all them whack-jobs out there? I suppose you have a story.
I was in college, I met this girl in a chat room.
You're going to have to get a couple of beers in me if you want to hear the rest.
Hey.
I got a man and a woman entering the hotel lobby a little after 10:00.
Did you figure out where Burns spent $800 an hour before he was killed? He goes online to have an extramarital fling while he's out of town.
He ends up with two scam artists who take his wallet and as much cash as he can get from his ATM.
So he pays up and they kill him? ED: Or they find another bank card in his wallet.
They don't have the PIN number, so they go back for another installment.
I wonder if this "bored housewife" is still looking for company? (PIANO MUSIC PLAYING) Edward? Hi.
Linda, right? Better than I expected.
Yeah, you, too.
Let me get you a drink.
I'm a little nervous sitting here.
Why don't we just go up to your room? Well, let's just talk for a little while.
Listen, uh, what were you doing with this doctor last night? Whoa, whoa, whoa.
Stay right there.
ED: Sweet.
Can't wait to see your home movies.
We know your friend is somewhere nearby waiting for a signal.
Get him in here.
Listen to me, Linda, or whatever your name is, get him in here, or you're taking all the weight.
How many married men have you ripped off like this? I don't know what you're talking about.
How's it work? Your girlfriend screws him and then Then you come in and lean on the guy? Whatever, man.
You don't want to talk to me? All right, be a smart-ass.
As soon as we lift the prints off the bottle from the hotel room What bottle? The bottle you used to bash Burns's head in.
What? No.
No, no.
No way.
If your dirty movie puts you in Burns' room, you're looking at life in Bedford Hills.
Look, we ran our game on that doctor, but I swear we never went back there.
Well, you blackmailed him once.
Why not go back for more? It's not just about the money.
It's the moment.
The guy thinks he's done with me, but he's not.
You can't believe the rush.
Where'd you go when you left? There was another married guy in Westchester.
We took him for 2,500 the same night.
I need a name and an address.
Irving.
It was at a motel off the Thruway.
My car has an E-ZPass.
We paid tolls on the way there and the way back.
You can check that out, right? Her handbag had a little cut-out so she could tape whatever went down.
LINDA: I hope you're as horny as I am.
Oh, lam.
You' re really attractive.
Thanks.
My husband won't have sex with me anymore.
So how about you? Your wife doesn't do it for you? (STAMMERING) I'm sorry, Linda.
I changed my mind.
LINDA: Oh, you're just nervous.
No, I mean it.
I really think you should go.
(BANGING ON DOOR) MAN: Dr.
Garrison? Open this door! Don't answer that.
Oh, he didn't even go through with it and they still strong-armed him.
Their alibi checks out.
E-ZPass has them leaving the city at 11:35 p.
m.
and returning early that morning.
So, if they didn't do the murders, we're back to square one.
Rewind to the knock on the door.
There.
BURNS: I really think you should go.
(BANGING ON DOOR) MAN: Dr.
Garrison? Open this door! Don't answer that.
The guy at the door has a southern accent.
He's banging on that door hard like he's got his mind set on seeing Dr.
Garrison.
I wonder if our perp killed the wrong doctor.
ED: You attended a medical conference at Lennox Grand Hotel, Dr.
Garrison? I was one of the course directors.
A doctor was murdered in his hotel room, a Dr.
Mark Burns.
Burns Oh, my God.
LUPO: You knew him? Not really.
He showed up at the conference, he hadn't registered.
The hotel was booked, so I gave him my room.
You were just feeling generous? Well, I live here in Dobbs Ferry.
He needed a room.
I thought why not sleep in my own bed.
You think the person who killed him was looking for me? Can you think of anybody that would want to hurt you? Me? No.
Any patients with complaints against you? You're a surgeon, right? I don't do surgery anymore.
I do consultations and research.
I'm going to retire at the end of this year.
LUPO: I see you play golf.
Looks like you're pretty good.
Myrtle Beach Invitational.
My wife and I vacationed in South Carolina for years.
She passed on.
I'm sorry.
Golf and medicine, that's my life now.
Why would anyone want to kill me? The New York Medical Board doesn't have any complaints against Dr.
Garrison.
LUPO: He's got no criminal history, but this is interesting.
He posted a $300,000 bail for his daughter six years ago in South Carolina.
What was she in for? Mandy Garrison, age 26, sentenced to five years for selling methamphetamines.
She was paroled six months ago.
She's living in a halfway house in White Plains.
Meth-heads have real bad tempers.
I'm totally clean, and I did my time, five years in Bedford Hills.
ED: Bedford Hills is in New York.
Your conviction was in South Carolina.
My dad had me transferred so he could play hero dad to hisjunkie kid.
I take it you and your father don't get along? August 9th was the fifth anniversary of my sobriety.
Big ceremony, I got my five-year chip.
He was in South Carolina playing golf.
So, why are you asking me about my father? We think somebody tried to kill him.
Is he okay? ED: Yeah.
He was lucky.
The guy screwed up, killed the wrong doctor.
You obviously don't think it was me? Well, you just said there were problems.
Maybe you called one of your old meth buddies to do a favor.
That's ridiculous.
Any of your crew have a problem with your father? Me and my friends got busted on an anonymous tip.
Some of them thought my father was the one who ratted us out.
Iwasn't trying to hide Mandy from you.
I was just, you know, afraid this would upset her.
You worry about her.
Is that why you had her transferred to a prison where you could be near her? Mandy followed a boyfriend to South Carolina.
He got her into drugs.
My wife and I started spending some time there, but we couldn't get through to her.
The arrest saved her life.
After my wife died, I pulled some strings to bring her closer to me.
What kind of strings? I played golf with a prison warden down there.
He made a request, got her transferred.
Dr.
Garrison, why did you go to all that effort and then miss Mandy's sobriety ceremony, August 9th? Mandy's mind is, um Compromised.
She thinks she invited me, but she didn't.
She also believes you were the one that tipped off the police.
Another one of Mandy's delusions.
Yeah, but if her friends believed that That was six years ago.
These people are still in jail.
Frankly, Detective, I think this is about Dr.
Burns, not about me.
ED: It's starting to look like the attempt on Garrison's life is about something that happened in South Carolina.
Because his daughter was dealing drugs there? It's possible he dimed out her crew.
Whether he did or not, Mandy and her meth pals think he did.
Well, it's not that easy to move a sentenced prisoner to another state.
And the man who knocked on Burns's door looking for Garrison did have a southern accent.
Go home and pack.
Mandy Garrison and her boyfriend were dealing meth.
She got five years, he got 15.
He's incarcerated down at Greenville.
Does anything suggest that somebody in Mandy's crew had a problem with her, might have taken it out on her father? MASON: You're welcome to it.
I got to tell you, though, her crowd was lowlife meth-heads.
TheyWlkHlyou for your wallet if they're tweaking, but traveling to New York on a six-year-old grudge seems a little far-fetched.
These gold stars, they represent execution dates, right? That's February, April, August.
Star goes up once the execution is carried out.
Right.
And, uh, Lionel Hartigan, the Yost family murders MASON: Yeah, that one's a heartbreaker.
Hartigan killed a father and two little kids.
Jury sentenced him to death, but the bastard didn't die.
Wait, I read about that.
The guy survived his lethal injection.
Yeah.
There was a screw up with the chemicals.
Injection didn't kill him all the way.
Now he's a vegetable at the prison hospital.
That one ought to get half a star.
The execution date was August 9th? That's right.
Same day our doctor was here playing golf.
South Carolina law prohibits me from revealing the name of any persons involved in an execution.
This was lethal injection, so the person who was performing it was a doctor? A doctor's not required to administer a lethal injection in this state.
Okay, not required doesn't mean no.
Was it your friend, Dr.
Garrison? The Hartigan situation is not your concern, Detective.
Uh, look.
Somebody tried to kill Dr.
Garrison last week.
Horace? Is he okay? He's fine, but only because the killer got the wrong guy.
Next time, maybe he'll do it right.
Can you just tell us if we're on the wrong track here? I can't tell you you're on the wrong track.
No.
Anybody angry about what happened here, Warden Temple? Everyone.
(SIGHS) Some people are mad Hartigan suffered, others are mad he didn't suffer enough.
These two guys fighting in front of the prison TEMPLE: Hartigan's brother Shane got into it with Jamie Yost in the parking lot.
Hartigan killed Jamie's grandkids and his only son.
Jamie was here to see him die.
Shane Hartigan got in my face the minute we got outside the prison gates hollering, "You happy now?" I told him I wasn't.
His brother didn't die.
He shoved me and we got into it.
You ever see him after that? Hmm.
No.
But the cops put a car outside my house for a while just in case he, uh, tried anything.
Are you still worried? Uh, they told me to be careful.
But there ain't nothing Shane Hartigan can do to me worse than what his brother already did.
I know what this is about.
I wrote the FBI, FBI gave you my letters.
We're not working with the FBI on this, Shane.
The truth, about what the State of South Carolina did to my brother which is torture, which is against the Geneva Convention.
Law says they can kill Lionel fair and square 'cause he did kill those people.
But no law says they can torture him.
Why'd you take your anger out on Yost? My emotions got the best of me that day.
But I'm going through proper channels now.
So who do you blame for what happened to your brother? The Department of Corrections.
Prison guards ain't qualified to put needles in people.
If a doctor had done it, it would have been done right.
ED: So, you're sure a doctor didn't do it? Have you Have you seen my brother? Mmm-mmm.
No doctor would do that.
You sure you weren't in New York last week? Not last week, not ever.
The Mulberry Bistro has an exquisite cuisine.
We're actuallyjust looking for, like, a barbecue joint.
Oh.
Most of our New York guests prefer something a little more sophisticated.
This is the closest hotel to the prison, right? The closest one that's not a dump.
Did a Dr.
Horace Garrison ever stay here? Maybe he came to play golf? Oh, yes.
Dr.
Garrison has stayed here several times.
Can you check and see if he was here on August 9th? (TYPING) That's funny.
You're the second person this month who's asked about him.
Who was the first? He didn't leave a name.
He said the doctor from New York gave him some medical advice and he wanted to write a thank you note.
And did you give him Dr.
Garrison's information? I gave him the doctor's name but I didn't have his address.
Another party had booked the room.
Warden Sam Temple? You're good.
Samuel Temple booked the room.
Dr.
Garrison was here August 8th and 9th.
LUPO: Well, what about February 20th? Right again.
He was here February 19th and 20th.
He was also here in April? Yes.
Listen, do you recognize the man that came in asking about the Doctor? Oh, yes.
That's him.
This guy right here? Shane Hartigan? No, no.
The other man, the one he's shoving.
There must be some mistake.
I ain't set foot in Cardinal Court in years.
ED: But were you in New York last week? Looking for Garrison? I don't know a Dr.
Garrison.
Then we'll have to ask the Doctor himself.
You see, we're investigating the murder of a doctor named Burns who was staying in Dr.
Garrison's hotel room.
I'm sorry.
I don't understand.
Two little girls lost their father because somebody killed the wrong guy.
It was you, wasn't it, Mr.
Yost? No.
Then where were you last Friday night? Here.
I was right here.
We've sent your photo to the hotel in New York where the doctor was murdered.
Now, if anyone sees you, anyone recognizes you Why would they? You made a mistake, Mr.
Yost.
Own up to it.
No.
I don't know.
I can't say anything else.
I need to call a lawyer.
These charges are the final insult to a man who's endured unimaginable suffering.
What suffering is that? Mr.
Yost's son and grandchildren were brutally murdered.
He attended the execution of the killer only to see the procedure horribly botched.
This case revolves around an execution? Mr.
Yost murdered the doctor he believed botched the execution.
People request remand.
No bail? He'll languish in jail for months until the People realize they've made a mistake.
I'm going to remand the defendant.
But he won't languish.
I'm going to expedite this case to trial.
That's out of your hands, Judge.
Wrong, Ms.
Mahaffey.
My rotation in arraignment court ends this week.
I'll be handling this case personally.
(GAVEL POUNDS) Judge Paulsen grabbed this case because of the death penalty angle.
He's opposed, I assume.
Vehemently.
How does that impact our case? CONNIE: It's hard to say.
Yost killed Burns thinking it was Dr.
Garrison.
We're certain Garrison was the doctor in the South Carolina death chamber? All of his stays at the Cardinal Court Inn coincide with executions.
We'll have to illuminate Yost's psyche to get ajury see why he'd try to kill the doctor who didn't get the job done.
Take atrip to South Carolina.
I'm not here to judge or blame.
We just want to prosecute our case.
You really think Jamie Yost tried to kill Horace? He stalked him all the way to New York City.
Well, how did he figure out that You tell me.
I know the doctor's identity was closely guarded.
But did Yost make any effort to find out who he was? He approached a couple guys on the strap-down team.
How he found them, I don't know.
I'm going to need their names.
Their identities are protected, too.
If we can't connect the dots, Yost might go free.
Ms.
Rubirosa, you are not going to build your case by breaking our laws.
South Carolina law is very clear.
Any persons participating in executions are guaranteed anonymity.
Fine.
If we can't pull the hood off Garrison, he'll have to do it himself.
And why would he do that? The only reason Garrison is still alive is that Yost got the wrong guy.
If anyone should be motivated to put Yost behind bars, it's Garrison.
What makes you think I was the doctor at Hartigan's execution? All of your stays at the Cardinal Court coincide with executions.
And the prison always picks up the tab.
CUTTER: Jamie Yost tried to murder you.
If we can't prove that in court, he goes free and you're in danger.
He poses no threat to me anymore.
Oh well, lucky you.
I'm sure that will be a great consolation to Doctor Burns's children.
The professional consequences for this doctor would be devastating if his identity was revealed.
Don't play the reputation card, Doctor.
I understand you're about to retire.
Why do think they have a shield law in the first place, Mr.
Cutter? If the families of the other men who have been executed Look, I don't intend to sleep with a gun under my pillow.
MAHAFFEY: Why would we make a deal? The search of my client's home yielded nothing.
You have no evidence that he traveled to New York.
Then if he wasn't in New York, what's his alibi? Sorry.
There's no legal requirement that he offer one.
Ms.
Mahaffey, I'm open to discussing a plea to Man One.
After today, I won't be.
If I walk out that door You don't have Garrison, do you? I have more than I need to put your client If you can't establish a link between my client and the doctor who died, you have no motive to offer the jury.
That leaves you with a circumstantial case, with no provable circumstances.
I don't care what the law is in South Carolina.
I'm fully prepared to reveal what Doctor Garrison does in his spare time.
You may be prepared to say he's an executioner, but you can't prove it, can you? I wasn't bluffing.
We'll subpoena the Warden, the prison guards, and Garrison on top of it.
South Carolina will move to quash any subpoenas we issue.
CUTTER: So we'll litigate.
I'm not going to let another state's privacy interests defeat a murder prosecution.
That'll take years.
Can I see a list of the executions Doctor Garrison allegedly performed in South Carolina? There was a law review note about death penalty appeals.
The Supreme Court Uh Westlaw might be faster.
Here it is.
Arrest Doctor Garrison.
For what? Two counts of murder.
The murders of Moses LaSalle and Levon Pennybaker.
LaSalle and Pennybaker were executed by South Carolina while their death penalty appeals were still pending before the Supreme Court.
Because it takes four votes to grant an appeal and five to stay an execution.
Doctor Garrison administered lethal injections to these men before their cases had been exhausted.
But these so-called murders occurred in South Carolina.
Doctor Garrison's license qualified him to perform these executions.
So, this is about leveraging Garrison to cooperate with us? That's one interpretation.
Both these killers were given legal death sentences.
They weren't legal until the Supreme Court said so.
I'm sorry.
I I don't know that I can defend this against a motion to dismiss.
I'll defend it.
Arrest Garrison.
Please step back.
Make some room.
Move.
Let's go.
Step outside, sir? We have a warrant for your arrest.
Arrest for what? The murder of Moses LaSalle and Levon Pennybaker.
Murders? No, no.
Youyou You don't have to do this.
I'll come with you.
Sir, we don't have a choice.
But, please! Don't destroy everything I've worked for.
Our D.
A.
wants cuffs.
(PEOPLE MURMURING) I did nothing wrong.
This is a mistake.
I did nothing wrong.
We're moving to dismiss these outrageous charges.
These two convicted murderers were legally executed by the state of South Carolina.
JACK: Legally, Mr.
Weller? South Carolina killed these men while their appeals were pending.
Then go arrest the Governor, or the five Supreme Court judges who wouldn't grant stays.
I would if I had jurisdiction.
The executions did occur in another state, Mr.
McCoy.
How do you have jurisdiction? Doctor Garrison practiced medicine in New York City.
He has a New York State medical license.
But these executions occurred 500 miles away.
They imported a doctor becausethey couldn't find one in their own state.
Like the mob bringing in an out-of-town hit man.
New York has a compelling interest to see that its doctors don't participate in these barbarities.
It's a slim thread, but I like it.
You like it because you agree with his politics.
That's right, Mr.
Weller.
And I'm not dismissing the charges.
Next stop, federal court.
I doubt a federal court will get involved in this.
If I were you, Mr.
Weller, I wouldn't put your client at risk before a New York City jury.
You expect me to plead guilty? Testify at Yost's trial, I'll make this go away.
Don't let him blackmail you, Horace.
You've already been outed, Doctor.
Do you really want the additional notoriety of a murder trial? I don't have any choice, do I? I'm impressed, Jack.
You really went out on a limb.
Just make sure it was worth my while.
Now that we can establish Yost's motive, the defense is likely to try something unconventional.
For instance? Putting lethal injection on trial, an appeal to the jury's political views.
That shouldn't be a problem.
Because, Lord knows, something like that never works.
I met Warden Temple on the golf course in Hilton Head.
We became friendly and one day he asked for my help.
Help with what, Doctor? They were about to carry out a lethal injection and they wanted a doctor to monitor the procedure.
Why didn't he find a doctor locally? No physician would do it.
Why did you choose to help him? It was more humane than allowing some poorly trained paramedic: to do it.
Did you preside over the execution of Lionel Hartigan earlier this year? I didn't preside.
I administered the chemicals prescribed by law.
And the execution went awry? There was a problem with the injection site and the procedure was compromised.
And are you aware whether Jamie Yost was a witness to that? Yes, he was.
You're an orthopedic surgeon by trade, right, Doctor? I don't perform surgery anymore.
I was diagnosed with carpal tunnel syndrome in 1996.
But that didn't stop you from administering lethal injections? Well, that's like, um Comparing making a paper airplanes with building a 747.
Yet you went to South Carolina to help them make paper airplanes.
They must have treated you like real hero.
I didn't get paid a cent.
MAHAFFEY: But I'm sure they gave you the respect and adulation that you no longer received as a surgeon.
And on top of that, you got to play God.
Objection.
Sustained.
What went wrong during Lionel Hartigan's execution? During the IV drip, his vein became infiltrated.
The poison chemicals leached into tissue rather than his bloodstream? That's correct.
A lump appeared at the injection site.
He started convulsing andlapsed into unconsciousness.
Was that before or after the IV popped out of his arm and the drugs sprayed all over the death chamber, in full view of the witnesses? Before.
Then the curtain to the witness room was closed.
Did you then try to continue to kill Mr.
Hartigan? I told Warden Temple that to continue we would need to go to an OR.
At that point, he stopped the execution.
Were you disturbed by what happened, Doctor? Or embarrassed? Of course.
It's not supposed to go wrong like that.
Nothing further.
The People rest.
Approach? My first witness will be Doctor George Highgrove.
Lionel Hartigan's physician.
What's the offer of proof? He'll testify about his patient's medical condition from the moment the execution was botched.
I don't think that's relevant to the case And during his testimony, I'll be introducing Lionel Hartigan as an evidentiary exhibit.
Chambers.
Now.
Hartigan's in a vegetative state.
The sole purpose of this is to inflame the jury.
The jury is entitled to experience what Mr.
Yost expefienced.
There must be a better way than wheeling in a semi-comatose murderer and introducing him as Exhibit 23.
These executions are shrouded in secrecy.
I'm entitled to convey the horror of what happened.
To what end, Ms.
Mahaffey? My client was traumatized by what he witnessed.
His outburst against the man he believed was Doctor Garrison was triggered by post-traumatic stress.
CUTTER: Then let's hear from his doctor, not Hartigan's, minus the freak show.
I'm allowing it.
Because it's admissible, or because you oppose capital punishment, Judge? JUDGE: Take your pick, Mr.
Cutter.
Politics got you this far.
It's coming in.
Let's go.
Mr.
Hartigan's IV failed during the administration of sodium thiopental.
But enough of it entered his bloodstream to cause respiratory arrest.
His breathing stopped? For four to five minutes.
It caused anoxic brain damage.
Which means what? His brain was starved for oxygen.
He lapsed into a vegetative state.
MAHAFFEY: Would this have been painful, Doctor? HIGHGROVE: Agonizing.
His muscles would've started cramping and his head would've felt like it was going to explode.
And would this suffering be visible to Mr.
Yost? The trembling that Mr.
Hartigan is experiencing now is similar to what Mr.
Yost would've seen from the Witness Room.
But the convulsions would've been much stronger, much more violent.
The man murdered children.
Seeing him like that doesn't bother me.
Are you serious? You may not have been repelled, but I was.
And I'm sure some of the jurors were too.
Which means they'll be buying Yost's defense.
Well, he's taking the stand.
It'll give me the chance to go after him.
After he tells the jury how his family was slaughtered.
Yost killed an innocent man in ourjurisdiction.
No shades of gray in this for you, Mike? Nope.
Good.
Chris had the kids for the night.
Hartigan broke into the house looking for money to buy drugs.
He shot Chris in the head.
Then he went and finished off the babies.
How did you handle this tragedy, Jamie? I fell apart.
Chris was my only son, and the little ones I waited nine years for Hartigan to get what he had coming to him.
Did you attend his execution? Yes, ma'am.
But it went bad, just like they said.
How did that make you feel? (CLEARS THROAT) Well, I expected to come out of there with this weight lifted off of my shoulder, but it just made me angrier.
And then I had to watch Hartigan turn into some kind of victim.
Messed me up.
MAHAFFEY: So what did you do? YOST: Stayed drunk most of the time.
Then, when I finally got my head together, I had all this hurt building up inside of me.
So I thought if I could talk to the man who messed up the execution, I might be able to get some peace.
What steps did you take to find him? Once I got his name I looked him up on the Internet.
I saw he was going to be at this medical conference.
So I decided just to go up there and see if I can find him.
Find him and do what, Jamie? Get him to tell me what went wrong.
And I guess I wanted an apology.
When I told him who I was he acted like he didn't know what I was talking about.
Then he got all nasty, and said, if I didn't get the F out of there he was going to call security on me.
I grabbed the bottle, I kinda snapped, and I smacked him with it.
I didn't know until the police came a week later that That the man wasn't Garrison.
So you drove Yes, sir, pretty much.
An apology for what you saw in the death chamber or an apology for what happened to your family? In my mind it was all mixed up together.
Isn't revenge what you really wanted, Mr.
Yost? You struck him at least three or four times.
No, I just wanted to talk to the man.
You were so consumed with anger and rage that you never realized you were beating the wrong doctor to death? I was angry 'cause Garrison would not talk to me.
He wouldn't meet with me.
What do you mean? Well, the first night I was in New York City I lwent and Left a note for him with the hotel clerk.
I said my name and I gave him my phone number.
He never called me back.
The clerk was sure he got the message.
I waited two more days.
He just ignored me.
After everything that happened to my family, he couldn't make one lousy phone call? I'm sorry that I killed that man.
Itruly am.
But if I would've known it wasn't Garrison, none of this would have happened.
The hotel clerk seems to remember an agitated man leaving a note for Doctor Garrison.
And we didn't know this before because When he talked to the cops he says that they wanted information about Doctor Burns.
(SIGHS) We don't know if Garrison ever got the note.
So, we're going to have to recall him.
I don't know if I want to do that.
If the jury hasn't taken pity on Yost yet, this might push them over the edge.
Okay, then offer him Man One.
I don't want to do that either.
Well, make a choice, Mike.
We can't go to verdict and keep this thing a secret.
CUTTER: I'll ask you again, Doctor Garrison, did the desk clerk give you a note from Mr.
Yost? Yes.
Yost wanted to meet with me.
And instead of meeting with the defendant, you gave your room to Doctor Burns and neglected to inform the hotel? I had no idea my life was in danger.
I was just trying to protect my identity and avoid an unpleasant conversation.
Thank you.
So, at the end of the day, sir, Dr.
Burns died because you wouldn't have a word with my client? I didn't know this would happen.
I didn't think it through.
MAHAFFEY: Lionel Hartigan was supposed to pay for what he did.
He was supposed to be executed, and Jamie Yost was finally going to get some measure of peace, of closure.
Instead, he witnessed a horror show that drove even hardened professional guards into therapy.
Then he watched Hartigan become the darling of the anti-death penalty crowd.
And when Jamie finally reached out for answers, he was snubbed, dismissed.
Is it any wonder he snapped? Dr.
Burns didn't deserve to be in harm's way that day.
That was Dr.
Garrison's doing, not Jamie's.
My client has suffered enough.
Please end his nightmare right here.
(CUTTER CLEARS THROAT) I'm sorry for your loss, Mr.
Yost.
I can't imagine what you've been through.
But it doesn't justify what you did.
The defendant coolly and deliberately tracked Dr.
Garrison down, filled with a rage he knew might easily spark to violence.
This wasn't post-traumatic stress.
This was athirst for revenge, the revenge he couldn't have against Lionel Hartigan.
Now, we all saw what's left of Mr.
Hartigan in this courtroom.
Wasn't that enough retribution? Did killing an innocent man bring back the defendant's family? Or is it just another wasted life? Mr.
Yost knows better than anyone in this courtroom the person responsible for the pain and the sadness inflicted on Dr.
Burns' family should pay.
And pay dearly.
He wants a deal.
Not a chance.
Thejury's out.
I feel good about my summation.
What would he take? Man One.
Ten years.
What about 15? Will you excuse us for a second? What are you doing, Connie? Brokering a deal.
I'm not making a deal just because you feel sorry for the guy.
Mike, we might lose.
I'll take that risk.
Even if we do win, do you really think Paulsen's going to max him out? Or is this just about you and the death penalty? Murder Two, I'll take it.
On one condition.
Y'all got to stop Garrison.
What happened to me I don't know.
It just ain't supposed to happen like that.
It's a deal, Mr.
Yost.