Law & Order (1990) s05e02 Episode Script
Coma
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.
If you would come home when you said you would Oh, it's my fault the train broke down? Well, you know I don't like to walk her by myself.
I'll tell Amtrak.
Look, next time you get to clean the rug.
Will.
Look at him check those cars.
He's not doing anything.
How many times are we gonna let these punks steal our radios? Well, what're you gonna do, sic lamb chop on him? Come on, honey, he could be dangerous.
We shouldn't have to live like (GLASS SHATTERING) That's it.
Call 911.
Hey! (DIALING PHONE) I mean, look at this.
Oh.
My God! (WOMAN GASPING) (SIRENS WAILING) So no ID? Blonde, maybe 35.
We ran the plates.
Car's registered to Dobson Enterprises, whatever that is.
How bad was she? Alive.
Barely.
Paramedics said a bullet went into her head and didn't come out.
That's him! That's the man! Spotted him running across Broadway.
Three Blaupunkts and a Delco in his bag.
You know what car radio thieves call this street? Audio Warehouse.
MONTERO: No gun, though.
Well, we'll organize a search from here to Broadway.
Yo, I didn't shoot nobody.
There was no shot.
Well, maybe you just didn't hear it.
No, it was quiet.
I would've heard it.
JEROME: Man, the lady was bagged when I got here.
Yeah? She break the window, too? Maybe the guy that done her.
One of those carjackers.
Take him in.
JEROME: What's up? For the radios.
First the shooter, then this guy.
People were lining up to get to this lady.
If she was shot in a safer neighborhood, we wouldn't have found her till tomorrow.
DAVID: The bullet entered two inches from the eye, tore through the left frontal lobe, ricocheted off the back of the skull down through the occipital lobe.
Ended up in the cerebellum.
Is there any chance we'll be able to talk to her? She's breathing, but cortical function is limited.
On the Glasgow Coma Scale she scores a four.
And that's not good? That lamp would score a three.
There's a call for Detective Briscoe.
There are also abrasions on her neck.
Is that consistent with having a necklace ripped off? I'd say so.
What about those bruises there? Old ones.
How old? I'm not sure.
They were healing.
They tracked the owner of the car.
Mr.
Michael Dobson.
Let's go tell him how she saved his radio.
Thanks, Doc.
SUSANNAH: Well, how do I know you're the police? (SIREN WAILING) (HORNS HONKING) Higher.
(GATE BUZZING) I'm sorry, but I'm taking care of two kids here.
You the babysitter? Yeah.
Part-time.
Did Did something happen? Well, I'm afraid there's been an accident.
Who's she? Mrs.
Dobson.
Yeah, and that's Mr.
Dobson and Jessica and Jeremy.
Did Did something happen to her? We're gonna need to speak to Mr.
Dobson, honey.
Do you know where he is? He He's at Ha-Ha.
Ha-Ha? It's the comedy club.
He owns it.
He works nights.
So the guy's 102 and the wife is 98 and the attorney says, "If you both, you know, hated each other this much for so long," "you know, why'd you wait till now to get a divorce?" And the wife says, "We were waiting for the kids to die.
You see.
" Two, three, four.
Oh! Look it here.
It's always nice to see the bridge-and-tunnel crowd.
Tell me guys, does Ward Cleaver know that you've borrowed his sports jackets? Lucky for this guy the audience isn't armed.
I told you 20 times, these jerks get one drink before they go on.
One free drink.
One drink, period.
Now, if you can't remember that, I'm gonna have to get someone who speaks English.
Mr.
Dobson? What? I'm Detective Logan.
This is Detective Briscoe.
(EXCLAIMING) Well, if you've got an act, you're too late.
It's about your wife, sir.
I'm afraid she's been shot.
What? We think it happened during a robbery.
How How is she? She's alive, but it's very serious.
Oh, God.
I told her it was too dangerous to be working at night.
She was working? Some half-assed newspaper.
Where is she? Manhattan General.
I've gotta call the babysitter.
Give me the phone! I hope Sandra makes it back.
She's the only adult on my staff who can do the job.
Present company excepted, of course.
I own the paper.
Everybody else is kids on their way up, who want to turn every human interest story into Watergate, or old-timers who couldn't make it in the big leagues.
But Mrs.
Dobson could? Masters in Journalism from Columbia, two years on the Fairfield Ledger.
Very strong clips.
No offense meant, but what's she doing here? Because I have the good fortune of being a stop on the mommy track.
When Sandra had kids, she didn't try and have it all.
She stayed home for seven years.
I guess she missed her career, huh? Enough to come back as one of my neighborhood columnists.
A few hours a week, her choice of which hours.
The Times isn't so flexible.
Which part of the neighborhood was she in last night? Tribeca.
Citizens advisory board meeting.
She took a thermos of strong coffee.
How late was she there? Not very.
She told me she was going to see somebody on Riverside Drive.
So Mrs.
Dobson worked part-time for the Westside Sentinel.
She was covering a community board meeting that ended at 9:00, we found her at midnight.
Anything exciting happen at the meeting? They voted to spend 400 bucks on guard rails.
Yeah, to keep the dogs from pooping on the trees.
We're working on carjackers.
You know, who likes BMWs, who likes to work Riverside Drive Who uses a gun.
Yeah, well, I think we ought to look a little wider.
BRISCOE: At what, angry dogs? No.
Mr.
Dobson.
Mrs.
Dobson had a few old bruises.
It looks like a carjacking.
If it's a carjacking, how come the shooter didn't take the car? He forgot or he just can't drive a stick? Go see what Forensics got from the vehicle.
Gunpowder residue on the headrest.
A half-circle.
The other half's on her head.
So she was shot at close range.
Where were the keys? On the floor.
There.
Like she dropped them when someone stuck a gun in her face.
So she's sitting in the car with the door open Or she opens the door, she gets in, she starts to close the door Somebody comes along, bang.
Why? I don't know.
She resisted, his finger slipped, maybe he's a psycho.
Not so psycho he didn't grab the purse, grab her jewelry.
Isn't anybody gonna ask me about fingerprints? Lean in, pull off my jewelry Come on.
See? Where your hand is.
We got a backward-facing, left-hand palm print and partial thumb.
Michael Dobson, the husband.
What, you just happen to have his fingerprints on hand for comparison? No.
I had them pulled off his liquor license application and sent over just for fun.
Look, he owns the car.
He could've been in it every day.
Then his prints would be on the dashboard, the steering wheel.
They're not.
Just this.
Now either the guy did a handstand on the armrest, or he leaned in to pull something out.
So what? Maybe he reached in for groceries, for a joke book.
What, and there'd be no other prints? Well, maybe she got the car washed and they missed the seats.
Kiss me.
Mrs.
Dobson's purse.
Fresh out of a garbage can on 96th Street.
No money, no credit cards.
Eye drops, lipstick, notebook, comb Well, it's her notes on the dog poop debate.
Page headed "Boxes?" with a question mark and then a list of bank branches.
So she was looking to rent a safe deposit box? The branches are all on the East Side.
Nowhere near her apartment.
Yeah, but they are near her husband's club.
Well, maybe she was gonna rent a box for her husband.
More likely looking for a box rented by her husband.
You own a cash business like a comedy club, maybe you skim off some cash, hide it from the IRS.
BRISCOE: Or from his wife.
And if she suspected and was thinking about divorce, she'd want to track down where that box is before she serves him with the papers.
Otherwise she can kiss that cash goodbye.
Speaking of divorce Yeah, how were the Dobsons getting along? I'd be waiting outside their front door sometimes, and I would hear him screaming like a lunatic.
And And then he would come to the door and he would be, like, all smiles.
Just a little tension in the air, huh? It was like Masterpiece Theater.
You know, everyone was so polite.
So they were putting on a good face for the hired help? Well, for the children.
Both of them love the kids a lot.
Anything special happen last night? Jessica was upset when I got there.
She wouldn't eat any of her Jell-Jo.
, and I always give her Jell-Jo.
Before bed.
What was she upset about? Well, she said she had a tummy ache.
How about Mom and Dad? How were they feeling? He wasn't there, actually.
And she just said she was going to a meeting.
And then at about 9:00, she called and she said she'd be at her sister's if I needed anything.
This sister, she lives on Riverside Drive, doesn't she? I I think so.
And And then at about 10:00, Mr.
Dobson called and he wanted to know if his wife was home yet, and I said, "No, she's at her sister's," and he just hung up.
She left my apartment about 11:00.
I should have walked her to the car.
I watched her from the window, but there was a tree in the way.
Did you see anyone else on the street besides your sister? There was a man in a white jacket on the other sidewalk.
Did you get a look at his face? No.
Race? Age? Height? Anything? I'm sorry.
And you didn't hear a gunshot? I went into the bedroom and turned on the television.
The doctor said she might not ever wake up.
The bullet's still inside her.
Ma'am I'm gonna ask you to be as honest as you can be.
How were things going in your sister's marriage? What does that matter? Well, in a case like this, we have to be very thorough.
But if it was a mugger It wasn't a mugger, was it? He hit her.
She wanted a divorce, but she was afraid.
Afraid of him? He told he'd fight her for the children.
He had some money hidden somewhere.
He said he'd spend all of it on the lawyers.
He said she was a bad mother because she worked a few hours a week.
Nobody loved their children more than Sandy.
You ever see him hit her? She never told me, but I knew it.
How many times can you accidentally walk into a door? I got a couple of new questions for Mr.
Dobson.
Yeah, I guess it's about time.
What, are you afraid of hurting his feelings? Hey, maybe he shot his wife, but it's just possible he's just a grieving husband whose wife was shot by somebody else.
If he's grieving so much, how come he ain't at the hospital? He doesn't like doctors? Let's see how he likes cops.
Watch he doesn't eat the crayons, huh? Did you find out who shot my wife? No, but we did find that you've been a little less than honest with us about last night.
Excuse me? Well, you told us your wife was working, but you didn't say that she was visiting her sister.
What does it matter who she was visiting before she got shot by some scum on the street? Yeah, but you also didn't tell us that your wife wanted a divorce.
(LAUGHING) Did her sister tell you that? She's not exactly my biggest fan.
Oh, so everything's been perfect between you and Mrs.
Dobson, huh? No, everything's normal.
This is a marriage, not a Barney the Dinosaur song.
We've had our differences.
Like about her working? Yes.
The children need her at home.
Oh, so you thought you'd convince her to stay home by slugging her? You guys got the full party line, didn't you? LOGAN: Yeah.
We saw the bruises on your wife's body.
You know something? I don't need you to tell me I'm a son of a bitch.
Been one for a long time.
I like it, the hours are good and there's no heavy lifting.
But I happen to be a son of a bitch whose wife was shot by some other son of a bitch.
Mr.
Dobson, where were you at 11:00 last night? At my club, listening to bad jokes.
He's here every night.
Has to make sure I don't pour a drink with an extra millionth of an ounce.
Last night, was he wearing a white jacket? Tweed.
His Prince Charles look.
And he was here all night? Most of the time out here.
Part of the time in his office, thank God.
You happen to know when he went into his office? Off and on.
Once right after he called home from the bar.
Asked for his wife.
I don't think she was there.
He got upset.
And where is this office? Through that curtain, then the first door on the left.
Well, I guess this is his office.
And I guess that's an exit.
Well, well, well.
Mr.
Dobson could've slipped out anytime he wanted without saying goodbye.
Yeah, except to his alibi.
Mr.
Dobson's the owner of a registered .
32 caliber Seecamp.
Nice gun.
Yeah, and nobody can place him in his club at the time of the shooting.
No one places him on Riverside Drive, either.
The sister saw a man in a white jacket.
You said Dobson was wearing tweed.
No, the bartender said.
When we saw him he wasn't wearing a jacket.
Now, why do you think he took it off? It was hot? Or splattered with brains.
Tell me the motive again.
How about, she was gonna divorce him, grab the money, and take his kids? But did he know that? She was looking for a safe deposit box so she could slap a court order on it when she served the divorce papers.
The whole point of that exercise, to take it by surprise.
(SIREN WAILING) Hey, I open an account over there, I get free checking and a toaster.
A two-slice or a four-slice? Four-slice.
And if I deposit 50 grand, I get a VCR.
Hey, if you deposit 50 grand, I'm calling Internal Affairs.
You get anything? No, nobody remembers her.
Yeah.
I found two places she went into with a cock-and-bull story about her husband's safe deposit box, only he didn't have one.
I had a safe deposit box once.
I gave it up.
Why? After my second divorce I didn't have anything worth putting in it.
Let's see how her story plays over here.
She came in, she said she wanted to rent a box, and she wanted to know if I could give her a discount since her husband had already had a box here.
Or she thought he did.
She seemed to be fishing for that information? I just told her she was right and she was wrong.
Her husband did have a box here, but I couldn't give her a discount.
I bet she walked out of here whistling.
I wouldn't think so.
But later, when I talked to the manager, he said that since Mr.
Dobson was such a good customer Mrs.
Dobson could have And what did she say? She wasn't home.
I talked to Mr.
Dobson.
What did he say? Nothing really.
Either then or when I saw him later.
He was in that afternoon, and he asked to see his box.
He had a small suitcase with him.
I don't think I've seen him since.
CLAIRE: So he knew? Hey, he hears his old lady's sniffing around his safe deposit box, he breaks the four-minute mile getting to the bank to clear it out.
Okay, right.
But once he's buried the money where she'll never find it, his motive to kill her goes away.
Well, how about the children? He can't bury them.
He told her he'd fight for custody and win.
Now, she believed it, maybe he did, too.
Well, he's gotta know that family court judges favor mothers.
Besides, this guy's been lying to us all along.
It's not enough for an arrest.
Well, how about a search warrant? I'll go see Judge Walther.
Problems with their marriage, Miss Kincaid? You're arguing that's probable cause for a warrant? In conjunction with the other evidence uncovered by the officers, yes.
If I allowed the police to search the home of every man who owns a gun, hides money from his wife, and doesn't love her anymore, there'd be a line around this courthouse.
Not all those men hit their wives.
Mrs.
Dobson told her sister she was afraid.
So says the sister.
Your Honor may rely on hearsay in support of the warrant.
This is double hearsay.
People v.
Simon.
Probable cause can be based on double hearsay.
If it is sufficiently reliable.
With all due respect, Your Honor, should he receive the benefit of the doubt because she can't tell you herself how afraid she was? Touché, Miss Kincaid.
Just what I would have argued.
(POLICE RADIO CHATTERING) MICHAEL: What's going on here? Stay there.
What the hell do you think you're doing? The search warrant's on the coffee table.
You have no right to be doing this.
BRISCOE: Actually, we do.
With no notice, in front of my children? Mr.
Dobson, why don't you just You are going to be very sorry.
Oh, really? Why? Are you gonna use this on me? That gun is registered.
I'd have brought it down if you'd just asked me for it.
Do you own a white jacket, Mr.
Dobson? What about this? Were you wearing this the other night? That's why you got the search warrant? Looks like you're taking it to the cleaners.
Can you tell me why? Because it's dirty? This is unbelievable.
Very practical.
Tweed, it conceals a multitude of sins.
Like attempted murder? Like spilled gravy.
Fresh.
Smell.
Whole thing smells like chemicals to me.
It's phenolphthalein.
I'm sorry, I forgot.
I'm so used to it.
I used it to raise the blood stains.
Type Jo.
.
It matches Mrs.
Dobson's.
Yeah, and about 45% of the general population.
Well, it is also EAP Type-B, which matches 40% of the population, and PGM Type-2, which match So you multiply Now the blood in these stains match less than 1% of the population.
So would that 1% include Mrs.
Dobson? Yes.
BRISCOE: We pulled your phone records, Dobson.
We know you called two divorce lawyers the day you cleaned out your safe deposit box.
It's a crime to call a lawyer? Well, you told us you weren't thinking divorce.
You already had the wrong idea.
I didn't want to confuse you further.
Michael, I think we should listen here, not talk.
I'll handle this, Max.
Both divorce lawyers told me I could get out of the marriage on my terms.
Well, was one of the terms your wife bleeding on the jacket you were wearing the night she was shot? Again with the jacket.
I haven't cleaned that jacket in months.
My wife fell off a bicycle last spring at our country house.
I helped her up.
She fell or you knocked her down? Okay, let's say I knocked her down.
What if I punched her? Does that account for your bloodstain? Can I go now? You want to tell us again why nobody saw you in your club around the time your wife was shot? Come on, Dobson, the place If he gave her a bloody nose six months ago, we can't tie the bloodstain to the shooting.
So he gets away with attempted murder because he's a wife beater? What a smug bastard.
Don't you want to lock him up just on general principles? Yeah.
The blood, the prints, no alibi, past abuse, the gun, the divorce, the safe deposit box, and his personality.
That's enough for a grand jury, and it might shake Mr.
Dobson up if we put someone in control of him for awhile.
Yes, ma'am.
MICHAEL: Let's go.
This is getting monotonous.
Michael Dobson, you're under arrest for the attempted murder of Sandra Dobson.
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
"Docket number 64029.
People v.
Michael Dobson.
" "Attempted murder in the Second Degree.
" JUDGE BERMAN: How does he plead? Not guilty.
The People request bail in the amount of one million dollars, Your Honor.
That is clearly punitive.
Mr.
Dobson owns a business in New York.
He has children.
And the woman he intended to kill is here.
Alive.
The People believe Mr.
Dobson remains a threat to her.
Have I been convicted of something? No, sir, but we'd like to see you for your trial.
I've seen stronger cases.
Hey, if the guy had shot her in Times Square at rush hour, we'd have brought you a stronger case.
No witnesses? We canvassed that neighborhood three times.
No one saw Dobson.
And we're working on the taxi records now, in case he took a cab there from his club.
JACK: No shell casings? Dobson's gun is an automatic, isn't it? Well, he's no dummy.
Maybe he picked it up.
He could've picked it up.
That'll go over well in cross-examination.
You didn't talk to Dobson's daughter? The seven-year-old? The babysitter said that she was upset the night of the shooting.
Before the shooting.
The babysitter said she had a stomachache, and we had other things to do.
Like establish Dobson's motive and destroy his alibi.
You couldn't go back later and find out why she had a stomachache? LOGAN: You think you know so much about being a cop? Why don't you do the investigating? Are you giving me attitude? My father was a cop for 31 years, and he would never leave a DA twisting with a half-made case and ask him to get an indictment.
Give me a break.
You could get a ham sandwich indicted.
That might be easier.
There's meat on a ham sandwich.
We'll go see the kid.
JACK: Just the taxi records, please.
I think Claire will be fine with the kid.
I've given the children the bedroom.
The couch pulls out.
I'd really like to speak with Jessica.
Well, can't it wait? All she knows is that her mother is sick.
She should be asleep by now.
Aunt Kathleen? Oh, what is it, honey? Jeremy's having a nightmare again.
Well, I'll look in on him in a minute.
This is Miss Kincaid, honey.
Claire.
She's a friend of your Mommy's.
She wants to ask you a question.
CLAIRE: It's about the night your mom got sick.
Your babysitter, Susannah, said you were unhappy about something.
What was it, Jessica? It's okay, honey.
Mommy said it was okay to say.
Mommy and Daddy had a fight.
Do you remember what they said? Why can't I see Mommy? Oh.
Do you remember what the fight was about, honey? Daddy didn't want her to go out.
What did he say? He was angry, like when we do something wrong.
Does he get angry at you, honey? Does he ever hurt you? (KNOCKING ON DOOR) KATHLEEN: Michael MICHAEL: Get out of my way.
Hey Daddy! Okay, honey, get your brother.
KATHLEEN: What are you doing here? It's called bail.
I'm sure Miss Kincaid can explain it to you.
You're not taking these children.
Oh, yes, I am.
Jessica, now! Okay.
Hey, come here, big guy.
All righty.
Stop him.
I'm their father.
You just try it.
How can you let him get away with this? There's nothing I can do.
Is this how you win a custody battle? Just shoot the children's mother? God.
He shot my sister.
God only knows what he might do to the children.
CLAIRE: I checked with their doctor and local hospitals.
There have been no reports suggestive of child abuse.
Did you ever see him abusing the children? Did your sister ever tell you that he abused them? He shot their mother.
Isn't that abuse? Legally? No.
There was a case called O'Guin v.
Pikul.
In it, the judge ruled that a father has a right to keep his own children.
That he strangled his wife was irrelevant.
If we had evidence your brother-in-law I left Jessica and Jeremy alone for ten minutes while he went out to buy a newspaper, that would demonstrate unfitness as a parent.
And trying to kill their mother? Not unless he did it in front of the children.
Miss O'Brien is unhappy with the law.
Another satisfied customer.
She's petitioning for custody anyway.
She'll lose.
Well, what if we intervene on her side? In civil court? We have a witness to protect from undue influence.
Some witness.
A seven-year-old who loves her father, and overheard an adult conversation that she may or may not have understood.
She heard her father arguing with her mother a few hours before she was shot.
And I'm sure her father has already persuaded her to remember it differently.
Want to try to turn the law around? Be my guest.
Just don't complain to me you're overworked.
Miss Kincaid, I'm sure that Miss O'Brien's counsel is fully capable of arguing her claim of custody to these children.
He is, Your Honor.
But the People have a separate interest here relating to a criminal prosecution.
A prosecution that has no bearing on this preceding.
The People intend to call Jessica Dobson as a witness.
Her testimony may be contaminated if she continues to reside with the defendant.
A suitable home with Miss O'Brien is available until the trial.
Your Honor, may I speak, please? Briefly.
Jessica and Jeremy have been with me every day of their lives.
We are a very close family.
To take them away from me now, after they've lost their mother CLAIRE: Your Honor, this is outrageous.
The People contend they only lost their mother because he shot her.
Miss Kincaid.
To take them from me now would be emotionally devastating.
I appeal to you as a father, please let my children stay where they belong.
Your Honor.
Miss Kincaid, I have interviewed the girl.
Alone.
She seems genuinely fond of her father.
That's not the immediate issue here, begging the court's pardon.
You're forgiven.
I asked Jessica about the night her mother was shot.
She says she remembers nothing.
She told me her parents argued.
That's not what she says now.
Because her father's manipulated her.
Or she's telling the truth.
Either way, Miss Kincaid, it makes your motion moot.
You don't have much of a witness there.
We'll proceed on Miss O'Brien's petition for custody.
God.
Her father got to her.
So let's get to him.
How? Did the police miss something else? The bullet.
We haven't tried to match it to Dobson's gun.
The bullet is inside Mrs.
Dobson's brain.
So let's get it out.
CLAIRE: The bullet's intact? GEORGE: It seems to be.
And it's .
32 caliber? It seems to be.
You can't seriously expect us to dig around next to a patient's brainstem so you can run some tests? What are you planning to do? She's entered a vegetative state, probably irreversible.
The bullet is blocking the flow of spinal fluid, causing acute hydrocephalus.
So it might make sense to remove the bullet.
It makes better sense to install a shunt between the fourth ventricle and the peritoneum, which would allow the fluid to drain.
Well, if you're operating anyway.
Removing the bullet might help her.
But putting in a shunt is a lot less likely to kill her.
Dobson had his lawyer call the hospital.
He's given permission for the shunt operation, but refused it for the removal of the bullet.
He said he's concerned about his wife's well-being.
Like he was when he shot her.
Well, he might be right this time.
Removing the bullet is dangerous.
You said there was no hope of recovery.
The doctor said it was probably irreversible.
Removing the bullet increases the chances of recovery.
It also increases the chance of death.
Okay, three things can happen.
She gets better, she stays the same, or she dies.
One out of three, she dies? I don't like the odds.
Two out of three, she's no worse off than she was before, and we get crucial evidence.
I don't know.
We let her husband walk so she can spend the rest of her life as a vegetable? You think that's the right thing to do? I'll draft the motion.
WESTON: The law is explicit.
The state may not compel the removal of alleged evidence from a person's body if doing so creates a risk of serious physical injury.
That law applies to criminal suspects who decline to give their consent to the procedure.
Nothing prevents a victim from consenting voluntarily.
As I understand it, this particular victim is incapable of making a decision.
Exactly.
Therefore, the only issue here is who shall make it for her.
That's well established.
The next of kin, her husband.
Mr.
Dobson has an insurmountable conflict of interest here.
Miss O'Brien, the victim's sister, does not.
Your Honor, Miss O'Brien has demonstrated a clear animus toward Mr.
Dobson.
JACK: But not toward Mrs.
Dobson.
She's a loving and devoted sister, who intends to be guided by the victim's own wishes as expressed in a living will she prepared two years ago.
I've examined the document.
It asks that Mrs.
Dobson not be kept alive by mechanical means.
Now, is that the case here? She's being fed through a tube.
She's breathing on her own.
All we ask is that someone not accused of shooting her be empowered to make the decision.
That does seem reasonable.
The hospital will be notified that for purposes of decisions regarding Sandra Dobson's medical care, her sister shall be regarded as de jure next of kin.
(GAVEL POUNDING) Well, I understand you've been promoted from Assistant District Attorney to supreme deity.
I'm not making the decision.
It's up to the sister.
Oh, you're just a casual bystander who just happened to find himself arguing against the husband's right to manage his wife's life.
He does have a conflict of interest.
And you don't? Isn't justice in Mrs.
Dobson's interest, too? I don't know the woman.
But she might be more interested in staying alive.
(MACHINE BEEPING) I'm ready.
Where's the paper? CLAIRE: Here.
I do not recommend this surgery.
Can you tell me my sister will come back to me without it? It's up to you.
Sandra Dobson died on the operating table.
And? They got the bullet.
It doesn't match Dobson's gun.
Claire Amend the indictment.
Murder two.
Congratulations on killing my client's wife, Mr.
McCoy.
Are you sure the murder charge doesn't involve a little projection on your part? Come on, Max.
People v.
Bonilla.
Even if the surgery was ill-advised, which it wasn't, the person who put her in the hospital in the first place is responsible for her death.
Yeah, but that's not Mr.
Dobson.
Haven't you read your own ballistics report? Yes.
It says he didn't shoot her with the gun the police found in his apartment.
Does your client own any other guns? Please.
Time to cut your losses, Jack.
See you in court.
A second gun? They have a country house.
Yeah, the house was searched.
What about the country? Excuse me? The house is in Dutchess County.
Have them check every gun dealer within a 100-mile radius, including Connecticut and Massachusetts.
JACK: Where do you work, Mr.
Harding? Jack's Sporting Goods, Bridgeport, Connecticut.
Bridgeport? That's not too far from the New York state line, is it? We get some customers from there.
Why would they drive the extra miles? Well, they could be sightseeing.
Or the gun laws.
They're a little tougher in New York than Connecticut.
Do you recognize the defendant, Michael Dobson? HARDING: He's been in.
JACK: Sightseeing? Well, I don't know.
But he bought a gun.
Was it a .
32 caliber Seecamp? It was a .
32, but not a Seecamp.
Are you sure about that? It's my business.
He bought a Ruger revolver, $298.
Nice little gun.
JACK: No further questions.
Trying to find his safe deposit box, that was my idea.
I read it in a magazine and told Sandy.
After your sister had located her husband's box, what did she do? Nothing.
I told her it was time to move, to file the papers, but she was terrified of Michael.
Move to strike, Your Honor.
Miss O'Brien is not a mind-reader, and anything her sister told her is hearsay.
Your Honor, sisters are certainly capable of interpreting each other's moods.
I'll allow that.
But keep Mrs.
Dobson's words out of it.
How did your sister act, Miss O'Brien? If I mentioned Michael's name, I could see her get all tight.
Ever since she was a little girl, she used to twirl her hair when she would get upset.
A few months ago I noticed she was pulling hairs out.
I showed her.
After that she wore her hair up.
When was the last time you talked to Mr.
Dobson? After the custody hearing.
I wanted to visit the children.
You called him? He told me if I tried to see the children again, he would make me regret it.
That I ought to know by now he knew how to take care of people who tried to take his children away from him.
And you took that as a threat? Of course.
He shot my sister.
Move to strike.
Non-responsive.
Sustained.
Jury will disregard.
No further questions.
So you're saying that despite the fact your sister never took any step toward getting a divorce, you could tell that she wanted to because she changed her hairstyle? She told me she wanted one.
I see.
Really? Miss O'Brien, aren't you desperate to see Mr.
Dobson convicted because you feel guilty? No.
Because, over his objection, you ordered an operation that led to your sister's death? The doctor said it might relieve the pressure on her brain.
The doctors advised you not to have the operation.
I couldn't let him get away with it.
I see.
Now as for this alleged threat.
Didn't Mr.
Dobson merely ask to be allowed to live in peace with his own children? In peace? What did he do to Jessica to make her lie? Miss O'Brien In front of the baby he threatened Sandy the same way he threatened me.
Miss O'Brien, that'll be enough.
They should know! Impassioned relatives, they do impress a jury.
The gun helps, too.
Suggesting the possibility that Dobson shot her without putting you to the trouble of running another ballistics test, unless you're unlucky enough to find the gun.
If they find it, it will match.
Dobson's claiming it was stolen a year ago.
Convenient.
I think the jury will see it that way.
(PHONE RINGING) Yes? Detective Logan.
Urgent.
Yeah, he was picked up with a knife in Alphabet City after two drug tourists from Jersey got stabbed last week.
So he spent the next day at the One-Five, he got shipped to Central Booking, then Rikers, then he got lost for 48 hours until somebody listened to his story and mailed him here.
What's he looking at, assault one? He prefers the climate downstate.
Who's out there, your boss? Yeah.
Hi, President Clinton.
Go ahead, tell it.
You cut me a little slack, I give you a killer.
Who we talking about, Joey? Robin.
Like Robin Williams, you know? The guy is all the time jokey.
It's very annoying.
He one of your customers? An acquaintance who likes to ride downtown.
Smack express.
When he's not doped up he's a stick-up kid.
What, armed robberies? Yeah.
Couple of months ago, he has this party at his place.
Heroin for him, beer for anybody else who can climb the stairs.
Told me he was celebrating.
Told me he took off some lady in Riverside Drive in a BMW.
That ring any bells with you? Did you see any of this lady's stuff? Yeah, he's waving around a purple scarf.
Told me he was gonna save it for after his sex-change operation.
He was talking, like, "Hello, Joseph.
" Annoying.
I don't believe this.
It's your call, Counselors.
She had on a beige dress.
What does it matter what she was wearing? When your sister left here, did she have any kind of scarf? Yes.
Silk.
Mauve.
Oh, it wasn't with her clothes at the hospital.
Do you have it? Mauve.
That's like purple, right? Does Michael have it? Does someone else have it? We don't know that.
Oh, my God.
I killed Sandy for nothing.
Police! Open up! (BABY CRYING) You're gonna have to knock louder than that.
A junkie named Robin? Not anymore.
He died Tuesday.
Hepatitis.
These people don't take care of themselves.
Is all this his stuff? Mmm-hmm.
What did he do, knock off a video store? Well, he liked TV.
This is my Christmas tip.
The rest I don't even want to touch.
I'm getting it cleaned tomorrow.
Yeah, well, we get first dibs.
LOGAN: Look at this.
BRISCOE: What do you got there? White jacket.
How exactly do you get hepatitis? He kept this nice and clean.
.
32.
That's not a Ruger.
No, Colt.
You don't think we're gonna owe Dobson an apology, do you? I hope Hallmark makes the right card.
American Express and Visa.
Sandra Dobson.
"In the light of new information developed by the police," "the People withdraw the charge against Michael Dobson.
" The charge is dismissed.
Bail is exonerated.
You're free to go, sir.
Thank you, Your Honor.
Thank you, Max.
I'm glad this is over.
You're still not worth the money.
No? Come on.
Come on, let's get a drink.
I've never been in this situation.
You'll get over it.
All's well that ends well, huh, McCoy? I gotta pick up the kids now.
Oh, thanks to you, no alimony.
McCoy! You gotta see this.
I found the tape in Robin's apartment.
It's a local cable show.
That's Robin.
And there's these cotton balls at the top of the bottles, and, like, you know, they're really useful when you're shooting, so it drove us nuts.
A junkie comedian? Ever hear of Lennie Bruce? Nuts! Should we save the cotton? BRISCOE: Lennie Bruce never shot anybody on Riverside Drive.
I mean, are we really quitting, or should we save the cotton? I've seen worse.
Wait.
It gets better.
You've been great.
Thanks a lot.
Yeah, beat it.
Don't worry about it.
Get out.
Scram.
I'll see you all on Avenue C.
Right, yeah.
Scram.
Dobson.
Robin Wenner.
Give him a nice hand.
Robin Wenner.
LOGAN: They taped the show at his club a year ago.
Next up on Open Mike Live is The police checked phone records, Dobson's bank account, the store where Robin cashed his welfare checks.
They interviewed Dobson's friends, Robin's friends, the people at the club.
They couldn't find any other connection, meeting, conversation between Dobson and Robin.
Nothing.
You think it's just a coincidence the killer appeared at a club owned by the victim's husband? No.
But even if I could retry him, I couldn't convict.
He didn't leave a trail.
Smart.
Lucky.
Or innocent.
These are their stories.
If you would come home when you said you would Oh, it's my fault the train broke down? Well, you know I don't like to walk her by myself.
I'll tell Amtrak.
Look, next time you get to clean the rug.
Will.
Look at him check those cars.
He's not doing anything.
How many times are we gonna let these punks steal our radios? Well, what're you gonna do, sic lamb chop on him? Come on, honey, he could be dangerous.
We shouldn't have to live like (GLASS SHATTERING) That's it.
Call 911.
Hey! (DIALING PHONE) I mean, look at this.
Oh.
My God! (WOMAN GASPING) (SIRENS WAILING) So no ID? Blonde, maybe 35.
We ran the plates.
Car's registered to Dobson Enterprises, whatever that is.
How bad was she? Alive.
Barely.
Paramedics said a bullet went into her head and didn't come out.
That's him! That's the man! Spotted him running across Broadway.
Three Blaupunkts and a Delco in his bag.
You know what car radio thieves call this street? Audio Warehouse.
MONTERO: No gun, though.
Well, we'll organize a search from here to Broadway.
Yo, I didn't shoot nobody.
There was no shot.
Well, maybe you just didn't hear it.
No, it was quiet.
I would've heard it.
JEROME: Man, the lady was bagged when I got here.
Yeah? She break the window, too? Maybe the guy that done her.
One of those carjackers.
Take him in.
JEROME: What's up? For the radios.
First the shooter, then this guy.
People were lining up to get to this lady.
If she was shot in a safer neighborhood, we wouldn't have found her till tomorrow.
DAVID: The bullet entered two inches from the eye, tore through the left frontal lobe, ricocheted off the back of the skull down through the occipital lobe.
Ended up in the cerebellum.
Is there any chance we'll be able to talk to her? She's breathing, but cortical function is limited.
On the Glasgow Coma Scale she scores a four.
And that's not good? That lamp would score a three.
There's a call for Detective Briscoe.
There are also abrasions on her neck.
Is that consistent with having a necklace ripped off? I'd say so.
What about those bruises there? Old ones.
How old? I'm not sure.
They were healing.
They tracked the owner of the car.
Mr.
Michael Dobson.
Let's go tell him how she saved his radio.
Thanks, Doc.
SUSANNAH: Well, how do I know you're the police? (SIREN WAILING) (HORNS HONKING) Higher.
(GATE BUZZING) I'm sorry, but I'm taking care of two kids here.
You the babysitter? Yeah.
Part-time.
Did Did something happen? Well, I'm afraid there's been an accident.
Who's she? Mrs.
Dobson.
Yeah, and that's Mr.
Dobson and Jessica and Jeremy.
Did Did something happen to her? We're gonna need to speak to Mr.
Dobson, honey.
Do you know where he is? He He's at Ha-Ha.
Ha-Ha? It's the comedy club.
He owns it.
He works nights.
So the guy's 102 and the wife is 98 and the attorney says, "If you both, you know, hated each other this much for so long," "you know, why'd you wait till now to get a divorce?" And the wife says, "We were waiting for the kids to die.
You see.
" Two, three, four.
Oh! Look it here.
It's always nice to see the bridge-and-tunnel crowd.
Tell me guys, does Ward Cleaver know that you've borrowed his sports jackets? Lucky for this guy the audience isn't armed.
I told you 20 times, these jerks get one drink before they go on.
One free drink.
One drink, period.
Now, if you can't remember that, I'm gonna have to get someone who speaks English.
Mr.
Dobson? What? I'm Detective Logan.
This is Detective Briscoe.
(EXCLAIMING) Well, if you've got an act, you're too late.
It's about your wife, sir.
I'm afraid she's been shot.
What? We think it happened during a robbery.
How How is she? She's alive, but it's very serious.
Oh, God.
I told her it was too dangerous to be working at night.
She was working? Some half-assed newspaper.
Where is she? Manhattan General.
I've gotta call the babysitter.
Give me the phone! I hope Sandra makes it back.
She's the only adult on my staff who can do the job.
Present company excepted, of course.
I own the paper.
Everybody else is kids on their way up, who want to turn every human interest story into Watergate, or old-timers who couldn't make it in the big leagues.
But Mrs.
Dobson could? Masters in Journalism from Columbia, two years on the Fairfield Ledger.
Very strong clips.
No offense meant, but what's she doing here? Because I have the good fortune of being a stop on the mommy track.
When Sandra had kids, she didn't try and have it all.
She stayed home for seven years.
I guess she missed her career, huh? Enough to come back as one of my neighborhood columnists.
A few hours a week, her choice of which hours.
The Times isn't so flexible.
Which part of the neighborhood was she in last night? Tribeca.
Citizens advisory board meeting.
She took a thermos of strong coffee.
How late was she there? Not very.
She told me she was going to see somebody on Riverside Drive.
So Mrs.
Dobson worked part-time for the Westside Sentinel.
She was covering a community board meeting that ended at 9:00, we found her at midnight.
Anything exciting happen at the meeting? They voted to spend 400 bucks on guard rails.
Yeah, to keep the dogs from pooping on the trees.
We're working on carjackers.
You know, who likes BMWs, who likes to work Riverside Drive Who uses a gun.
Yeah, well, I think we ought to look a little wider.
BRISCOE: At what, angry dogs? No.
Mr.
Dobson.
Mrs.
Dobson had a few old bruises.
It looks like a carjacking.
If it's a carjacking, how come the shooter didn't take the car? He forgot or he just can't drive a stick? Go see what Forensics got from the vehicle.
Gunpowder residue on the headrest.
A half-circle.
The other half's on her head.
So she was shot at close range.
Where were the keys? On the floor.
There.
Like she dropped them when someone stuck a gun in her face.
So she's sitting in the car with the door open Or she opens the door, she gets in, she starts to close the door Somebody comes along, bang.
Why? I don't know.
She resisted, his finger slipped, maybe he's a psycho.
Not so psycho he didn't grab the purse, grab her jewelry.
Isn't anybody gonna ask me about fingerprints? Lean in, pull off my jewelry Come on.
See? Where your hand is.
We got a backward-facing, left-hand palm print and partial thumb.
Michael Dobson, the husband.
What, you just happen to have his fingerprints on hand for comparison? No.
I had them pulled off his liquor license application and sent over just for fun.
Look, he owns the car.
He could've been in it every day.
Then his prints would be on the dashboard, the steering wheel.
They're not.
Just this.
Now either the guy did a handstand on the armrest, or he leaned in to pull something out.
So what? Maybe he reached in for groceries, for a joke book.
What, and there'd be no other prints? Well, maybe she got the car washed and they missed the seats.
Kiss me.
Mrs.
Dobson's purse.
Fresh out of a garbage can on 96th Street.
No money, no credit cards.
Eye drops, lipstick, notebook, comb Well, it's her notes on the dog poop debate.
Page headed "Boxes?" with a question mark and then a list of bank branches.
So she was looking to rent a safe deposit box? The branches are all on the East Side.
Nowhere near her apartment.
Yeah, but they are near her husband's club.
Well, maybe she was gonna rent a box for her husband.
More likely looking for a box rented by her husband.
You own a cash business like a comedy club, maybe you skim off some cash, hide it from the IRS.
BRISCOE: Or from his wife.
And if she suspected and was thinking about divorce, she'd want to track down where that box is before she serves him with the papers.
Otherwise she can kiss that cash goodbye.
Speaking of divorce Yeah, how were the Dobsons getting along? I'd be waiting outside their front door sometimes, and I would hear him screaming like a lunatic.
And And then he would come to the door and he would be, like, all smiles.
Just a little tension in the air, huh? It was like Masterpiece Theater.
You know, everyone was so polite.
So they were putting on a good face for the hired help? Well, for the children.
Both of them love the kids a lot.
Anything special happen last night? Jessica was upset when I got there.
She wouldn't eat any of her Jell-Jo.
, and I always give her Jell-Jo.
Before bed.
What was she upset about? Well, she said she had a tummy ache.
How about Mom and Dad? How were they feeling? He wasn't there, actually.
And she just said she was going to a meeting.
And then at about 9:00, she called and she said she'd be at her sister's if I needed anything.
This sister, she lives on Riverside Drive, doesn't she? I I think so.
And And then at about 10:00, Mr.
Dobson called and he wanted to know if his wife was home yet, and I said, "No, she's at her sister's," and he just hung up.
She left my apartment about 11:00.
I should have walked her to the car.
I watched her from the window, but there was a tree in the way.
Did you see anyone else on the street besides your sister? There was a man in a white jacket on the other sidewalk.
Did you get a look at his face? No.
Race? Age? Height? Anything? I'm sorry.
And you didn't hear a gunshot? I went into the bedroom and turned on the television.
The doctor said she might not ever wake up.
The bullet's still inside her.
Ma'am I'm gonna ask you to be as honest as you can be.
How were things going in your sister's marriage? What does that matter? Well, in a case like this, we have to be very thorough.
But if it was a mugger It wasn't a mugger, was it? He hit her.
She wanted a divorce, but she was afraid.
Afraid of him? He told he'd fight her for the children.
He had some money hidden somewhere.
He said he'd spend all of it on the lawyers.
He said she was a bad mother because she worked a few hours a week.
Nobody loved their children more than Sandy.
You ever see him hit her? She never told me, but I knew it.
How many times can you accidentally walk into a door? I got a couple of new questions for Mr.
Dobson.
Yeah, I guess it's about time.
What, are you afraid of hurting his feelings? Hey, maybe he shot his wife, but it's just possible he's just a grieving husband whose wife was shot by somebody else.
If he's grieving so much, how come he ain't at the hospital? He doesn't like doctors? Let's see how he likes cops.
Watch he doesn't eat the crayons, huh? Did you find out who shot my wife? No, but we did find that you've been a little less than honest with us about last night.
Excuse me? Well, you told us your wife was working, but you didn't say that she was visiting her sister.
What does it matter who she was visiting before she got shot by some scum on the street? Yeah, but you also didn't tell us that your wife wanted a divorce.
(LAUGHING) Did her sister tell you that? She's not exactly my biggest fan.
Oh, so everything's been perfect between you and Mrs.
Dobson, huh? No, everything's normal.
This is a marriage, not a Barney the Dinosaur song.
We've had our differences.
Like about her working? Yes.
The children need her at home.
Oh, so you thought you'd convince her to stay home by slugging her? You guys got the full party line, didn't you? LOGAN: Yeah.
We saw the bruises on your wife's body.
You know something? I don't need you to tell me I'm a son of a bitch.
Been one for a long time.
I like it, the hours are good and there's no heavy lifting.
But I happen to be a son of a bitch whose wife was shot by some other son of a bitch.
Mr.
Dobson, where were you at 11:00 last night? At my club, listening to bad jokes.
He's here every night.
Has to make sure I don't pour a drink with an extra millionth of an ounce.
Last night, was he wearing a white jacket? Tweed.
His Prince Charles look.
And he was here all night? Most of the time out here.
Part of the time in his office, thank God.
You happen to know when he went into his office? Off and on.
Once right after he called home from the bar.
Asked for his wife.
I don't think she was there.
He got upset.
And where is this office? Through that curtain, then the first door on the left.
Well, I guess this is his office.
And I guess that's an exit.
Well, well, well.
Mr.
Dobson could've slipped out anytime he wanted without saying goodbye.
Yeah, except to his alibi.
Mr.
Dobson's the owner of a registered .
32 caliber Seecamp.
Nice gun.
Yeah, and nobody can place him in his club at the time of the shooting.
No one places him on Riverside Drive, either.
The sister saw a man in a white jacket.
You said Dobson was wearing tweed.
No, the bartender said.
When we saw him he wasn't wearing a jacket.
Now, why do you think he took it off? It was hot? Or splattered with brains.
Tell me the motive again.
How about, she was gonna divorce him, grab the money, and take his kids? But did he know that? She was looking for a safe deposit box so she could slap a court order on it when she served the divorce papers.
The whole point of that exercise, to take it by surprise.
(SIREN WAILING) Hey, I open an account over there, I get free checking and a toaster.
A two-slice or a four-slice? Four-slice.
And if I deposit 50 grand, I get a VCR.
Hey, if you deposit 50 grand, I'm calling Internal Affairs.
You get anything? No, nobody remembers her.
Yeah.
I found two places she went into with a cock-and-bull story about her husband's safe deposit box, only he didn't have one.
I had a safe deposit box once.
I gave it up.
Why? After my second divorce I didn't have anything worth putting in it.
Let's see how her story plays over here.
She came in, she said she wanted to rent a box, and she wanted to know if I could give her a discount since her husband had already had a box here.
Or she thought he did.
She seemed to be fishing for that information? I just told her she was right and she was wrong.
Her husband did have a box here, but I couldn't give her a discount.
I bet she walked out of here whistling.
I wouldn't think so.
But later, when I talked to the manager, he said that since Mr.
Dobson was such a good customer Mrs.
Dobson could have And what did she say? She wasn't home.
I talked to Mr.
Dobson.
What did he say? Nothing really.
Either then or when I saw him later.
He was in that afternoon, and he asked to see his box.
He had a small suitcase with him.
I don't think I've seen him since.
CLAIRE: So he knew? Hey, he hears his old lady's sniffing around his safe deposit box, he breaks the four-minute mile getting to the bank to clear it out.
Okay, right.
But once he's buried the money where she'll never find it, his motive to kill her goes away.
Well, how about the children? He can't bury them.
He told her he'd fight for custody and win.
Now, she believed it, maybe he did, too.
Well, he's gotta know that family court judges favor mothers.
Besides, this guy's been lying to us all along.
It's not enough for an arrest.
Well, how about a search warrant? I'll go see Judge Walther.
Problems with their marriage, Miss Kincaid? You're arguing that's probable cause for a warrant? In conjunction with the other evidence uncovered by the officers, yes.
If I allowed the police to search the home of every man who owns a gun, hides money from his wife, and doesn't love her anymore, there'd be a line around this courthouse.
Not all those men hit their wives.
Mrs.
Dobson told her sister she was afraid.
So says the sister.
Your Honor may rely on hearsay in support of the warrant.
This is double hearsay.
People v.
Simon.
Probable cause can be based on double hearsay.
If it is sufficiently reliable.
With all due respect, Your Honor, should he receive the benefit of the doubt because she can't tell you herself how afraid she was? Touché, Miss Kincaid.
Just what I would have argued.
(POLICE RADIO CHATTERING) MICHAEL: What's going on here? Stay there.
What the hell do you think you're doing? The search warrant's on the coffee table.
You have no right to be doing this.
BRISCOE: Actually, we do.
With no notice, in front of my children? Mr.
Dobson, why don't you just You are going to be very sorry.
Oh, really? Why? Are you gonna use this on me? That gun is registered.
I'd have brought it down if you'd just asked me for it.
Do you own a white jacket, Mr.
Dobson? What about this? Were you wearing this the other night? That's why you got the search warrant? Looks like you're taking it to the cleaners.
Can you tell me why? Because it's dirty? This is unbelievable.
Very practical.
Tweed, it conceals a multitude of sins.
Like attempted murder? Like spilled gravy.
Fresh.
Smell.
Whole thing smells like chemicals to me.
It's phenolphthalein.
I'm sorry, I forgot.
I'm so used to it.
I used it to raise the blood stains.
Type Jo.
.
It matches Mrs.
Dobson's.
Yeah, and about 45% of the general population.
Well, it is also EAP Type-B, which matches 40% of the population, and PGM Type-2, which match So you multiply Now the blood in these stains match less than 1% of the population.
So would that 1% include Mrs.
Dobson? Yes.
BRISCOE: We pulled your phone records, Dobson.
We know you called two divorce lawyers the day you cleaned out your safe deposit box.
It's a crime to call a lawyer? Well, you told us you weren't thinking divorce.
You already had the wrong idea.
I didn't want to confuse you further.
Michael, I think we should listen here, not talk.
I'll handle this, Max.
Both divorce lawyers told me I could get out of the marriage on my terms.
Well, was one of the terms your wife bleeding on the jacket you were wearing the night she was shot? Again with the jacket.
I haven't cleaned that jacket in months.
My wife fell off a bicycle last spring at our country house.
I helped her up.
She fell or you knocked her down? Okay, let's say I knocked her down.
What if I punched her? Does that account for your bloodstain? Can I go now? You want to tell us again why nobody saw you in your club around the time your wife was shot? Come on, Dobson, the place If he gave her a bloody nose six months ago, we can't tie the bloodstain to the shooting.
So he gets away with attempted murder because he's a wife beater? What a smug bastard.
Don't you want to lock him up just on general principles? Yeah.
The blood, the prints, no alibi, past abuse, the gun, the divorce, the safe deposit box, and his personality.
That's enough for a grand jury, and it might shake Mr.
Dobson up if we put someone in control of him for awhile.
Yes, ma'am.
MICHAEL: Let's go.
This is getting monotonous.
Michael Dobson, you're under arrest for the attempted murder of Sandra Dobson.
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
"Docket number 64029.
People v.
Michael Dobson.
" "Attempted murder in the Second Degree.
" JUDGE BERMAN: How does he plead? Not guilty.
The People request bail in the amount of one million dollars, Your Honor.
That is clearly punitive.
Mr.
Dobson owns a business in New York.
He has children.
And the woman he intended to kill is here.
Alive.
The People believe Mr.
Dobson remains a threat to her.
Have I been convicted of something? No, sir, but we'd like to see you for your trial.
I've seen stronger cases.
Hey, if the guy had shot her in Times Square at rush hour, we'd have brought you a stronger case.
No witnesses? We canvassed that neighborhood three times.
No one saw Dobson.
And we're working on the taxi records now, in case he took a cab there from his club.
JACK: No shell casings? Dobson's gun is an automatic, isn't it? Well, he's no dummy.
Maybe he picked it up.
He could've picked it up.
That'll go over well in cross-examination.
You didn't talk to Dobson's daughter? The seven-year-old? The babysitter said that she was upset the night of the shooting.
Before the shooting.
The babysitter said she had a stomachache, and we had other things to do.
Like establish Dobson's motive and destroy his alibi.
You couldn't go back later and find out why she had a stomachache? LOGAN: You think you know so much about being a cop? Why don't you do the investigating? Are you giving me attitude? My father was a cop for 31 years, and he would never leave a DA twisting with a half-made case and ask him to get an indictment.
Give me a break.
You could get a ham sandwich indicted.
That might be easier.
There's meat on a ham sandwich.
We'll go see the kid.
JACK: Just the taxi records, please.
I think Claire will be fine with the kid.
I've given the children the bedroom.
The couch pulls out.
I'd really like to speak with Jessica.
Well, can't it wait? All she knows is that her mother is sick.
She should be asleep by now.
Aunt Kathleen? Oh, what is it, honey? Jeremy's having a nightmare again.
Well, I'll look in on him in a minute.
This is Miss Kincaid, honey.
Claire.
She's a friend of your Mommy's.
She wants to ask you a question.
CLAIRE: It's about the night your mom got sick.
Your babysitter, Susannah, said you were unhappy about something.
What was it, Jessica? It's okay, honey.
Mommy said it was okay to say.
Mommy and Daddy had a fight.
Do you remember what they said? Why can't I see Mommy? Oh.
Do you remember what the fight was about, honey? Daddy didn't want her to go out.
What did he say? He was angry, like when we do something wrong.
Does he get angry at you, honey? Does he ever hurt you? (KNOCKING ON DOOR) KATHLEEN: Michael MICHAEL: Get out of my way.
Hey Daddy! Okay, honey, get your brother.
KATHLEEN: What are you doing here? It's called bail.
I'm sure Miss Kincaid can explain it to you.
You're not taking these children.
Oh, yes, I am.
Jessica, now! Okay.
Hey, come here, big guy.
All righty.
Stop him.
I'm their father.
You just try it.
How can you let him get away with this? There's nothing I can do.
Is this how you win a custody battle? Just shoot the children's mother? God.
He shot my sister.
God only knows what he might do to the children.
CLAIRE: I checked with their doctor and local hospitals.
There have been no reports suggestive of child abuse.
Did you ever see him abusing the children? Did your sister ever tell you that he abused them? He shot their mother.
Isn't that abuse? Legally? No.
There was a case called O'Guin v.
Pikul.
In it, the judge ruled that a father has a right to keep his own children.
That he strangled his wife was irrelevant.
If we had evidence your brother-in-law I left Jessica and Jeremy alone for ten minutes while he went out to buy a newspaper, that would demonstrate unfitness as a parent.
And trying to kill their mother? Not unless he did it in front of the children.
Miss O'Brien is unhappy with the law.
Another satisfied customer.
She's petitioning for custody anyway.
She'll lose.
Well, what if we intervene on her side? In civil court? We have a witness to protect from undue influence.
Some witness.
A seven-year-old who loves her father, and overheard an adult conversation that she may or may not have understood.
She heard her father arguing with her mother a few hours before she was shot.
And I'm sure her father has already persuaded her to remember it differently.
Want to try to turn the law around? Be my guest.
Just don't complain to me you're overworked.
Miss Kincaid, I'm sure that Miss O'Brien's counsel is fully capable of arguing her claim of custody to these children.
He is, Your Honor.
But the People have a separate interest here relating to a criminal prosecution.
A prosecution that has no bearing on this preceding.
The People intend to call Jessica Dobson as a witness.
Her testimony may be contaminated if she continues to reside with the defendant.
A suitable home with Miss O'Brien is available until the trial.
Your Honor, may I speak, please? Briefly.
Jessica and Jeremy have been with me every day of their lives.
We are a very close family.
To take them away from me now, after they've lost their mother CLAIRE: Your Honor, this is outrageous.
The People contend they only lost their mother because he shot her.
Miss Kincaid.
To take them from me now would be emotionally devastating.
I appeal to you as a father, please let my children stay where they belong.
Your Honor.
Miss Kincaid, I have interviewed the girl.
Alone.
She seems genuinely fond of her father.
That's not the immediate issue here, begging the court's pardon.
You're forgiven.
I asked Jessica about the night her mother was shot.
She says she remembers nothing.
She told me her parents argued.
That's not what she says now.
Because her father's manipulated her.
Or she's telling the truth.
Either way, Miss Kincaid, it makes your motion moot.
You don't have much of a witness there.
We'll proceed on Miss O'Brien's petition for custody.
God.
Her father got to her.
So let's get to him.
How? Did the police miss something else? The bullet.
We haven't tried to match it to Dobson's gun.
The bullet is inside Mrs.
Dobson's brain.
So let's get it out.
CLAIRE: The bullet's intact? GEORGE: It seems to be.
And it's .
32 caliber? It seems to be.
You can't seriously expect us to dig around next to a patient's brainstem so you can run some tests? What are you planning to do? She's entered a vegetative state, probably irreversible.
The bullet is blocking the flow of spinal fluid, causing acute hydrocephalus.
So it might make sense to remove the bullet.
It makes better sense to install a shunt between the fourth ventricle and the peritoneum, which would allow the fluid to drain.
Well, if you're operating anyway.
Removing the bullet might help her.
But putting in a shunt is a lot less likely to kill her.
Dobson had his lawyer call the hospital.
He's given permission for the shunt operation, but refused it for the removal of the bullet.
He said he's concerned about his wife's well-being.
Like he was when he shot her.
Well, he might be right this time.
Removing the bullet is dangerous.
You said there was no hope of recovery.
The doctor said it was probably irreversible.
Removing the bullet increases the chances of recovery.
It also increases the chance of death.
Okay, three things can happen.
She gets better, she stays the same, or she dies.
One out of three, she dies? I don't like the odds.
Two out of three, she's no worse off than she was before, and we get crucial evidence.
I don't know.
We let her husband walk so she can spend the rest of her life as a vegetable? You think that's the right thing to do? I'll draft the motion.
WESTON: The law is explicit.
The state may not compel the removal of alleged evidence from a person's body if doing so creates a risk of serious physical injury.
That law applies to criminal suspects who decline to give their consent to the procedure.
Nothing prevents a victim from consenting voluntarily.
As I understand it, this particular victim is incapable of making a decision.
Exactly.
Therefore, the only issue here is who shall make it for her.
That's well established.
The next of kin, her husband.
Mr.
Dobson has an insurmountable conflict of interest here.
Miss O'Brien, the victim's sister, does not.
Your Honor, Miss O'Brien has demonstrated a clear animus toward Mr.
Dobson.
JACK: But not toward Mrs.
Dobson.
She's a loving and devoted sister, who intends to be guided by the victim's own wishes as expressed in a living will she prepared two years ago.
I've examined the document.
It asks that Mrs.
Dobson not be kept alive by mechanical means.
Now, is that the case here? She's being fed through a tube.
She's breathing on her own.
All we ask is that someone not accused of shooting her be empowered to make the decision.
That does seem reasonable.
The hospital will be notified that for purposes of decisions regarding Sandra Dobson's medical care, her sister shall be regarded as de jure next of kin.
(GAVEL POUNDING) Well, I understand you've been promoted from Assistant District Attorney to supreme deity.
I'm not making the decision.
It's up to the sister.
Oh, you're just a casual bystander who just happened to find himself arguing against the husband's right to manage his wife's life.
He does have a conflict of interest.
And you don't? Isn't justice in Mrs.
Dobson's interest, too? I don't know the woman.
But she might be more interested in staying alive.
(MACHINE BEEPING) I'm ready.
Where's the paper? CLAIRE: Here.
I do not recommend this surgery.
Can you tell me my sister will come back to me without it? It's up to you.
Sandra Dobson died on the operating table.
And? They got the bullet.
It doesn't match Dobson's gun.
Claire Amend the indictment.
Murder two.
Congratulations on killing my client's wife, Mr.
McCoy.
Are you sure the murder charge doesn't involve a little projection on your part? Come on, Max.
People v.
Bonilla.
Even if the surgery was ill-advised, which it wasn't, the person who put her in the hospital in the first place is responsible for her death.
Yeah, but that's not Mr.
Dobson.
Haven't you read your own ballistics report? Yes.
It says he didn't shoot her with the gun the police found in his apartment.
Does your client own any other guns? Please.
Time to cut your losses, Jack.
See you in court.
A second gun? They have a country house.
Yeah, the house was searched.
What about the country? Excuse me? The house is in Dutchess County.
Have them check every gun dealer within a 100-mile radius, including Connecticut and Massachusetts.
JACK: Where do you work, Mr.
Harding? Jack's Sporting Goods, Bridgeport, Connecticut.
Bridgeport? That's not too far from the New York state line, is it? We get some customers from there.
Why would they drive the extra miles? Well, they could be sightseeing.
Or the gun laws.
They're a little tougher in New York than Connecticut.
Do you recognize the defendant, Michael Dobson? HARDING: He's been in.
JACK: Sightseeing? Well, I don't know.
But he bought a gun.
Was it a .
32 caliber Seecamp? It was a .
32, but not a Seecamp.
Are you sure about that? It's my business.
He bought a Ruger revolver, $298.
Nice little gun.
JACK: No further questions.
Trying to find his safe deposit box, that was my idea.
I read it in a magazine and told Sandy.
After your sister had located her husband's box, what did she do? Nothing.
I told her it was time to move, to file the papers, but she was terrified of Michael.
Move to strike, Your Honor.
Miss O'Brien is not a mind-reader, and anything her sister told her is hearsay.
Your Honor, sisters are certainly capable of interpreting each other's moods.
I'll allow that.
But keep Mrs.
Dobson's words out of it.
How did your sister act, Miss O'Brien? If I mentioned Michael's name, I could see her get all tight.
Ever since she was a little girl, she used to twirl her hair when she would get upset.
A few months ago I noticed she was pulling hairs out.
I showed her.
After that she wore her hair up.
When was the last time you talked to Mr.
Dobson? After the custody hearing.
I wanted to visit the children.
You called him? He told me if I tried to see the children again, he would make me regret it.
That I ought to know by now he knew how to take care of people who tried to take his children away from him.
And you took that as a threat? Of course.
He shot my sister.
Move to strike.
Non-responsive.
Sustained.
Jury will disregard.
No further questions.
So you're saying that despite the fact your sister never took any step toward getting a divorce, you could tell that she wanted to because she changed her hairstyle? She told me she wanted one.
I see.
Really? Miss O'Brien, aren't you desperate to see Mr.
Dobson convicted because you feel guilty? No.
Because, over his objection, you ordered an operation that led to your sister's death? The doctor said it might relieve the pressure on her brain.
The doctors advised you not to have the operation.
I couldn't let him get away with it.
I see.
Now as for this alleged threat.
Didn't Mr.
Dobson merely ask to be allowed to live in peace with his own children? In peace? What did he do to Jessica to make her lie? Miss O'Brien In front of the baby he threatened Sandy the same way he threatened me.
Miss O'Brien, that'll be enough.
They should know! Impassioned relatives, they do impress a jury.
The gun helps, too.
Suggesting the possibility that Dobson shot her without putting you to the trouble of running another ballistics test, unless you're unlucky enough to find the gun.
If they find it, it will match.
Dobson's claiming it was stolen a year ago.
Convenient.
I think the jury will see it that way.
(PHONE RINGING) Yes? Detective Logan.
Urgent.
Yeah, he was picked up with a knife in Alphabet City after two drug tourists from Jersey got stabbed last week.
So he spent the next day at the One-Five, he got shipped to Central Booking, then Rikers, then he got lost for 48 hours until somebody listened to his story and mailed him here.
What's he looking at, assault one? He prefers the climate downstate.
Who's out there, your boss? Yeah.
Hi, President Clinton.
Go ahead, tell it.
You cut me a little slack, I give you a killer.
Who we talking about, Joey? Robin.
Like Robin Williams, you know? The guy is all the time jokey.
It's very annoying.
He one of your customers? An acquaintance who likes to ride downtown.
Smack express.
When he's not doped up he's a stick-up kid.
What, armed robberies? Yeah.
Couple of months ago, he has this party at his place.
Heroin for him, beer for anybody else who can climb the stairs.
Told me he was celebrating.
Told me he took off some lady in Riverside Drive in a BMW.
That ring any bells with you? Did you see any of this lady's stuff? Yeah, he's waving around a purple scarf.
Told me he was gonna save it for after his sex-change operation.
He was talking, like, "Hello, Joseph.
" Annoying.
I don't believe this.
It's your call, Counselors.
She had on a beige dress.
What does it matter what she was wearing? When your sister left here, did she have any kind of scarf? Yes.
Silk.
Mauve.
Oh, it wasn't with her clothes at the hospital.
Do you have it? Mauve.
That's like purple, right? Does Michael have it? Does someone else have it? We don't know that.
Oh, my God.
I killed Sandy for nothing.
Police! Open up! (BABY CRYING) You're gonna have to knock louder than that.
A junkie named Robin? Not anymore.
He died Tuesday.
Hepatitis.
These people don't take care of themselves.
Is all this his stuff? Mmm-hmm.
What did he do, knock off a video store? Well, he liked TV.
This is my Christmas tip.
The rest I don't even want to touch.
I'm getting it cleaned tomorrow.
Yeah, well, we get first dibs.
LOGAN: Look at this.
BRISCOE: What do you got there? White jacket.
How exactly do you get hepatitis? He kept this nice and clean.
.
32.
That's not a Ruger.
No, Colt.
You don't think we're gonna owe Dobson an apology, do you? I hope Hallmark makes the right card.
American Express and Visa.
Sandra Dobson.
"In the light of new information developed by the police," "the People withdraw the charge against Michael Dobson.
" The charge is dismissed.
Bail is exonerated.
You're free to go, sir.
Thank you, Your Honor.
Thank you, Max.
I'm glad this is over.
You're still not worth the money.
No? Come on.
Come on, let's get a drink.
I've never been in this situation.
You'll get over it.
All's well that ends well, huh, McCoy? I gotta pick up the kids now.
Oh, thanks to you, no alimony.
McCoy! You gotta see this.
I found the tape in Robin's apartment.
It's a local cable show.
That's Robin.
And there's these cotton balls at the top of the bottles, and, like, you know, they're really useful when you're shooting, so it drove us nuts.
A junkie comedian? Ever hear of Lennie Bruce? Nuts! Should we save the cotton? BRISCOE: Lennie Bruce never shot anybody on Riverside Drive.
I mean, are we really quitting, or should we save the cotton? I've seen worse.
Wait.
It gets better.
You've been great.
Thanks a lot.
Yeah, beat it.
Don't worry about it.
Get out.
Scram.
I'll see you all on Avenue C.
Right, yeah.
Scram.
Dobson.
Robin Wenner.
Give him a nice hand.
Robin Wenner.
LOGAN: They taped the show at his club a year ago.
Next up on Open Mike Live is The police checked phone records, Dobson's bank account, the store where Robin cashed his welfare checks.
They interviewed Dobson's friends, Robin's friends, the people at the club.
They couldn't find any other connection, meeting, conversation between Dobson and Robin.
Nothing.
You think it's just a coincidence the killer appeared at a club owned by the victim's husband? No.
But even if I could retry him, I couldn't convict.
He didn't leave a trail.
Smart.
Lucky.
Or innocent.