Law & Order (1990) s06e21 Episode Script
Pro Se
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.
It's the nature of things.
The universe devolves into entropy.
Entropy? You lost me.
Disorder.
Things rot, they rust, they fall apart.
You're falling apart.
You bring home Brad Pitt, this is what you do all night? Talk? Guess who forgot to buy condoms? Oh! You are such a virgin.
I wasn't in the mood anyway.
Like, if the whole universe is doomed to spin out of control, what is the point of anything? Thank you, happy person.
I got to get back to work.
Later.
It's lunchtime, everybody.
Oh, my God.
Three dead inside, another vic was taken to the ER.
Head wound.
Probably not gonna make it.
Just our luck.
You got the cashier there, customer there under the rack.
CSU ID'd her as Linda Bowers according to her wallet.
Worked in a bakery on Greene.
Irving Marx.
Owns the joint.
Opened less than a year ago.
Rough business.
Who found them? Sales clerk.
She was bringing back lunch.
Where is she now? Hospital.
Should have seen her.
She ID'd the cashier before she went mental on us.
Speaking of, did anybody check the till? CSU did.
Couple hundred bucks and change.
Any witnesses? Nobody so far.
Keep asking.
Vintage clothing.
I wonder if anybody actually makes a living selling this stuff? Apparently not.
I think I see one of my old bowling shirts.
Bad day for the Irish, Lennie? Long time.
What's the matter, Mickey, not enough crime in Brooklyn for you? No goodies like this one.
Your basic violent misanthrope gone berserk with some kind of sword.
A sword? I mean, like Zorro.
There's deep stab wounds, wild slash and gash.
You work out the sequence? First, Mr.
Marx here.
Then this one, Linda Bowers.
Then the cashier, she was making for the front door.
And last, our survivor, looks like she caught it coming out of the fitting room.
It was quick.
Excuse me.
Well, it doesn't play out as a robbery or a shakedown.
Could be a very dissatisfied customer.
Yeah, he didn't like the return policy.
They were laying there so quiet, all of them.
I wasn't gone for more than half an hour.
When you left, did you see anyone suspicious hanging around? I was rushing to meet my friend.
I didn't really look.
What about your boss? Did he have any problems with anyone? We had some trouble just before I went to get the lunch.
With who? These two black kids.
I feel stupid even thinking they could've done it.
Just tell us what happened.
Mr.
Marx caught this girl shoplifting a blouse and he He threw them out the store, and her boyfriend got really angry.
He said he was coming back with his crew.
And what did they look like? He was really tall, and he had almost shaved head.
She had dookie curls and a big maroon jacket, a varsity jacket.
Did it have writing on it? Just initials.
WTS.
Wagner Trades.
Basketball team was in the finals last year.
A tall black teenager.
It figures he's a criminal and he plays basketball.
Well, we'll check out your chess team next.
That's him.
In the back row.
Look, it's always the same thing.
I mean, people in stores are always watching what we do, always thinking, "They gotta be stealing something.
" Hey, I'm watching you now, Jerome, and I see a kid with a big chip on his shoulder.
Yeah.
What you don't see is I have a 3.
5 average, because a concept like that wouldn't enter your policeman's mind.
You wouldn't be the first killer who made dean's list.
Now, look, we have a witness who says you threatened the store owner.
No.
No, man.
Look, I was gonna sue his ass for taking Liana's shirt the way he did.
So now it's her blouse? That's right.
I was gonna get mine back the American way.
I don't need to kill anybody.
My mother bought it for me at Bloomie's last year, for my birthday.
A witness says you lifted it off the rack.
Accused of lifting it.
But nothing on that blouse said it was theirs.
No tag, nothing.
It was mine.
After the store, where did you go? We got something to eat and then we went back to school.
And Jerome was with you the whole time? Yes, ma'am.
I know who you ought to be looking for.
Oh, yeah? Who's that? This raggedy old crackhead.
He was outside when we were thrown out.
He was rocking, like they do when they're high.
Can you describe this man? White.
Long hair.
Dirty beard.
He had on a green coat.
He gave me a nasty look.
Look, I said I didn't do anything.
Why don't you ask Liana? We asked your school, Jerome.
Last year, they took a walking stick from you, the trick kind, with a sword inside.
That was just a toy.
And we also heard you're a regular Dennis Rodman on the court.
Bad temper, the whole act.
Man! It's just bumping uglies, man.
That's part of the game.
I didn't kill anybody.
All right, all right.
Take it easy, Jerome.
Now, after you were asked to leave the premises, did you see anybody outside the store? I don't know.
I mean, just a pipehead talking to a window.
What did he look like? He was a white guy.
He had like a beard and like long, ratty hair.
He was wearing an army jacket.
Okay, you wait here.
The neighborhood crackhead.
Everybody's favorite bogeyman.
You heard this story before? From the girlfriend.
Before you go, put them each with separate sketch artists.
See if they come up with the same picture.
Not quite twins, but they're related.
Good thing he only looks like every other bum on the street.
Well, call the hospital.
Maybe the survivor can make an ID.
She better.
Latent got nowhere on prints.
The M.
E.
Worked up a profile of the weapon based on the wounds.
Single-edge stabbing weapon.
Probably military, a sword or a bayonet.
I heard a woman scream.
Give her some time.
She's processing.
How much can we expect? As far as first level details go, limited.
I was trying on a dress.
A woman was on the floor.
A man hit me.
All right, Joanne, I'm gonna show you a drawing.
Just nod if you recognize him.
That's him.
The homeless really are invisible.
No one remembers seeing him.
Yeah, everybody I talked to has got the same blind spot.
Sumptuous, isn't it? We have a whole selection of fabrics over here.
How soon would you gentlemen need it delivered? Well, at these prices, we ought to be able to drive it home.
No, actually, we're with the police, ma'am.
We're trying to find someone connected with those murders down the block.
Oh, yes, it was horrifying.
Does this face ring a bell? Maybe you saw him yesterday? Not yesterday.
The day before.
He was just outside, right there.
He kept looking in.
I think he was watching one of my customers.
What did your customer look like? Blond, curly hair.
Glasses.
You remember her name? Uh She wrote it down in our book, for the mailing list.
Here it is.
Victim number two, Linda Bowers.
Five days a week for three months, Linda worked in the window.
Sweet kid like that got a lot of looks.
Guys gave her their number.
It's awful what happened.
You ever see this guy bothering her? Oh, yeah.
This germ.
Linda gave him some samples about a month ago.
I told her not to.
Love at first sight? Must've been.
Every couple of days he'd park himself across the street and stare at her.
Imagine having that staring at you and following you around.
If it were me, I might call the police.
She did.
Couple of weeks ago.
Lot of good it did her.
Yeah, you got to see this skell in person to get the real flavor.
I can't wait.
So the Bowers girl called you from home? Yeah, around Suspicious character loitering in the side alley.
We get there, the guy's gone.
The girl said he followed her home from work.
She gave us a description.
Well, where'd you catch up with him? Well, we went back by her place a couple of hours later.
He was across the street, walking a circle, so we grabbed him.
So you got an ID.
No wallet, no driver's license.
Wouldn't give us his name.
100% John Doe.
What'd you do with him? We relocated him.
You know, like they do with bears.
We dropped him in the park.
Gave him a little kick in the ass.
You know, to send a message.
Guess what? It didn't stick.
And they should've dumped him at the North Pole.
You know, he was back a week ago.
Back here? Oh, yeah, yeah, yeah.
Ms.
Bowers wasn't home.
I found him looking through the garbage.
You were happy to see him, I'll bet.
I was gonna put his nose out the back of his head.
But then he pulls out this bayonet, Korean era.
All shined up.
So the guy swings a blade at you, you don't call the cops? I didn't even tell Ms.
Bowers.
I didn't want to alarm her.
Thought I was doing her a favor.
They sent the sketch to every shelter from Downtown to Midtown, no nibbles yet.
I don't know, maybe the guy hit the road.
Oh, sure.
He's in Miami with Sly and Madonna.
This guy's like my Uncle Harry.
Five blocks from his bed in any direction, that's as far as he went.
So what, you want to cruise the neighborhood in hopes that he comes and squeegees our windshield? Hey, the bayonet, he didn't have it when Nit and Wit took him for a ride in the park.
Some places on Houston carry army surplus.
Hey, Lennie, everything for the weekend warrior.
Can I help you? Yeah, we're looking for a Korean War bayonet.
For the M1? Yeah, something, preferably new, right out of the box.
You're a week late.
Some bum stole it off my table.
This bum? That resembles him.
He tried to buy it with soup kitchen vouchers.
From where? They looked like St.
Ive's.
I turned around, bing, the blade is gone.
That looks like James.
James who? All I got was James.
The other regulars call him Gomer.
As in Gomer Pyle.
He's a vet? Not of any war we've heard of.
He wears army fatigues, army boots.
This really surprises me about James.
Why's that, Father? He's been coming here on and off for the last eight months.
At times, he seems very lucid.
He's obviously had an education.
Yeah, well, looks like he's a couple of credits shy of a degree.
Thanks, Father.
What? Sometimes the guy's crazy, sometimes he's not? Maybe he's on medication.
Keeps himself on a pretty short leash.
Let's try the local clinics.
Yeah, I know him.
James Smith.
He always tells me, "I shall return.
" You know, like MacArthur.
Because I'm Filipino.
How often does he return? Uh According to this, he hasn't for a couple of months.
Did something happen to him? No, he happened to somebody else.
What's his drug of choice? Risperidone and carbamazepine for schizophrenia.
He's supposed to take it every day or Watch out.
What? His world and ours don't revolve around the same sun? Not even in the same galaxy.
Most of your schizophrenics don't get violent.
But they never told that to Mr.
Smith.
When he visits the planet, where does he stay? As of a year ago, he was staying at the Donough Arms on Broadway.
But mail we sent there was returned.
Moved, no forwarding address.
Okay.
Let's try this.
When he showed up for his pills, how would he verify his identity? With his New York Public Library card.
So what now, we check to see if he had any overdue books? Well, my guess is he does most of his reading in the library.
You know, it's warm in the winter, cool in the summer.
As a home away from home, it's highly recommended.
Send out a sketch, maybe we'll get a bite.
He's been in the stacks since we opened.
You'll find him under ancient history on the left.
Okay, thanks.
We'll take it from here.
I'll take this side.
Do me a favor, get these people cleared out.
Hey, how you doing? Run! Run! Rey! He's coming to you! All right! Take it easy.
Stay away, Barak.
Just drop the weapon, Jim! I can't hear you.
I'm not listening.
Nobody wants to hurt you, Jim.
Just drop it! That's it! Make all the noise you want.
The noise! The noise! The noise! How's this for noise? James Smith, you're under arrest for assault.
You have the right to remain silent.
Anything you do say can and will be used against you in a court of law.
You have the right to an attorney.
What's happening to me? I can't feel my hands.
I've lost my hands.
Yeah, yeah, yeah, yeah.
Linda Bowers, she's the one who gave you pastries.
Do you remember her? This is all very familiar to me.
They'll come through that door any minute! Hey, hey, hey! Mr.
Smith, we're already here.
How about leaving your imaginary friends alone.
You talk to us, okay? I am a captain in Jabin's army! Really? I was a corporal in Uncle Sam's.
I fought at the Kishon River.
Oh, you did? So when you killed Linda Bowers and those other people, you were following orders, right? The chattering people across the street, they're with the CIA, too, aren't they? This isn't the CIA, Jim.
This is the 27th precinct of the New York City Police Department.
You understand that? It's a hell of a system.
It's a hell of a system.
They drive touch-tone dialing to work and they're still hungry.
Right.
I give up.
I think I need whatever he's supposed to be taking.
Are we even sure of his name? Without a Social Security number or a date of birth, all we have to go on are his prints.
Forensics did a preliminary match of the wounds and cut marks with Mr.
Smith's bayonet.
They're still working up the blood drops on his jacket.
So what do you want us to do with him? He refused a lawyer.
I'll get somebody from Legal Aid down here.
And get your eyewitness in here for a line-up.
Okay, just tell us if you recognize anyone.
That one.
The second one from the left.
He's the one.
Okay.
Thank you.
All right.
Ms.
Kincaid, I want to arrange to get him back on his medication as soon as possible.
After he's booked for murder.
The prints matched up with a James Stephen Smith.
Great.
Thank you.
Besides battling the forces of evil, what other trouble's he been in? Only one arrest.
For stalking a woman 16 months ago.
He pleaded out on harassment two, six months probation and a $500 fine.
I guess if he'd killed her, it would've been $1,000.
What idiot in the D.
A.
's let him off? Say hello, Counselor.
"Case number 631811, People v.
James Stephen Smith.
"Charges are three counts of Murder in the Second Degree, "one count of Attempted Murder in the Second Degree, "two counts of Aggravated Assault on a police officer.
" Let's hear a plea, Mr Not guilty on all charges.
You got that, judge? Oh! Loud and clear, Mr.
Smith.
Miss Kincaid.
Your Honor, the People ask for remand without bail.
The defendant has no fixed address, he poses a danger to the community.
Your Honor, my client's sister is prepared to post bail up to an amount of one million Hey, dark eyes, I remember you.
Mr.
Smith, be quiet.
Your Honor, this woman knows me.
Mr.
Lowe, control your client.
I'll take the same deal as last time.
Make me an offer.
That's enough, Mr.
Smith.
You're remanded to custody without bail.
No, that wasn't the deal.
Officers, remove the prisoner.
I am not finished.
I did my I did my probation.
I stayed away from Weinstein.
Doesn't that count? Send up the next case.
Ms.
Kincaid, what deal was James Smith talking about? I can't comment on that.
Well, was he on probation when he committed the murders? No, he was not.
Why did he say he knew you? I don't have any comment.
Excuse me.
No comment? If you were trying to chum the waters, congratulations.
The feeding frenzy would've started without me.
Now it looks like we have something to hide.
Do we? I don't.
It was a routine plea bargain.
The case against him was weak.
He never made threats, he had a job.
What kind of a job? Grading practice essays for a bar review prep school.
Back then, he didn't look like he slept in a cardboard box.
His mental state was never even brought up.
The point is, he paid the fine and he never harassed the woman again.
We don't owe anyone an apology.
Good thing you're not writing the press release.
Yes.
This came for you, Jack.
Thanks.
Smith's lawyer.
He's withdrawing from the case.
He fired me.
He has his own lawyer? Uh-huh.
James Smith, pro se.
You're not serious.
He's obviously not fit to represent himself.
Oh, he has an edge.
If you're gonna defend a guy like that, doesn't hurt to be crazy.
No judge will ever go along with it.
You'll know come Monday.
He has a hearing with Judge Rivera.
Plan to be there, Mr.
Lowe.
I'm opposing your being released.
You want me to stick with this fruitcake? What did I ever do to you? The right to represent oneself is not absolute, Your Honor.
It can't be asserted by someone who is clearly incompetent.
Mr.
Smith, isn't it a fact that you have a history of mental illness, that you've been diagnosed as having schizoaffective disorder? Yes, Your Honor.
Since I was 23, at college.
I'm prone to manic depression, hallucinations, paranoid delusions, and many other kinds of psychotic behavior.
Unless I'm taking my medication.
And you're currently doing that? Yes.
Since my arrest.
This is the same person who claimed the police were CIA agents.
If you let him represent himself and we convict, he'll appeal and say that he was denied competent representation.
Absolutely not.
Your Honor, I am a lawyer.
University of Michigan Law School, class of '87.
Admitted to the New York Bar in '88, in the First Department, as were Your Honor and Mr.
McCoy, I believe.
There's no guarantee that he won't suffer another psychotic break during the trial.
We'll all be back where we started.
Your Honor, I can stand here all day and quote People v.
Kaltenbach, v.
Conney, v.
Harris, v.
Sawyer.
Unless Mr.
McCoy can establish at this very moment that I am incompetent, the court has no choice but to allow me to proceed pro se.
He's absolutely right, Mr.
McCoy.
Then, Your Honor, I request that Mr.
Lowe remain as the defendant's standby counsel.
So ordered.
See you in court, Mr.
Smith.
Your Honor, I'll have my omnibus motion to suppress on your desk by the end of the week.
I look forward to it.
We're adjourned.
Hell of a brick.
Must've had every jailhouse lawyer in Rikers working on it.
He's a one-man show.
I talked to his law school.
He graduated summa cum laude, law review, Postdoctoral Associateship.
But as far as anyone knows, he's never practiced.
His first trial, and he knows just enough law to turn it into a circus.
A circus? Three counts of murder? He's taking it seriously.
Then why doesn't he plead insanity? Because he's insane.
Or he thinks he can beat us in court.
He's been attacking every piece of evidence we have.
He's gonna claim we have the wrong man.
I've read his motion.
I doubt Judge Rivera will grant it.
Rivera wasn't supposed to let him represent himself either.
He gets 10% of this past any judge, you're in trouble.
You can't even tell a jury why he stalked Linda Bowers.
A schizophrenic's motive? You're prosecuting an attorney, not a schizophrenic.
The eyewitness, she hear him say anything before he attacked Bowers? She barely remembers seeing Smith in the store.
Well, take another run at her.
There was a lot of screaming.
There might have been words.
Can you think what those words might've been? I was in the dressing room.
A man's voice said something like, "Life forever.
" Was it Smith's voice? What difference does it make what he said? He's a lunatic.
If you could've heard him in court last week, you might not be so sure.
We read where he has a law degree.
Yes.
Is that why you let him go, because he was a lawyer? No, we just didn't know enough about him at the time.
He was stalking a woman.
That didn't give you a clue there was something wrong with him? Sir, I can't even imagine how angry and frustrated you must feel.
You're going to know exactly how we feel, Ms.
Kincaid.
We've been contacted by an attorney for the other families.
We're suing you and the city.
Those people are dead and my Joanne will never be the same because of you.
I talked to my brother last month.
Never mentioned Linda Bowers.
He called because he overheard someone plotting to kill our parents and he wanted me to take them to Canada.
Our parents died three years ago.
The woman he injured said he yelled something about life forever.
Any idea what he meant by that? He probably said, "The wife of Heber.
" It's from the Bible.
She lured Sisera, an army captain, into her tent with food, and then she stabbed him through the temple.
This is old news to you.
Jimmy minored in theology, so he studied the Bible.
When he first became schizophrenic, he used to accuse his girlfriend of putting needles in his brain.
He called her the wife of Heber.
And Linda Bowers gave him pastries.
Did he ever attack his girlfriend? He tried to strangle her in his dorm in Princeton.
The next day, he was in a hospital for six months.
So now you have a motive.
Is that supposed to make him criminally liable? I'm just trying to understand his behavior.
You should've tried that a year and a half ago.
How come you never returned my phone call? Excuse me? Last year, when he was arrested for following that woman, I left a message for you.
Oh, yes, I remember.
I assumed that you were calling to ask for leniency.
I thought since I let your brother off with a fine that I didn't I called to tell you that he belongs in a hospital.
He needs supervision.
He takes his medication for a few months, he thinks he's cured, he stops.
That's how he gets into trouble.
With all due respect, Ms.
Smith, it was your problem to get your brother hospitalized, not ours.
But now he is your problem, Ms.
Kincaid.
The campus police at Princeton just dug up their report.
Since Smith's girlfriend declined to file charges, it was never reported to the local police.
So the Ellises can add Princeton to their lawsuit.
I also checked with the University of Michigan Law School.
During his post-doctoral year, Smith trashed an office.
It would've been nice to know all this 16 months ago.
If I'd returned Patricia Smith's phone call, maybe we would've.
Claire, check your roster.
How many cases did you have on calendar that week? Forty-seven.
And how many "A" felonies? Nine.
How many plea bargains? Fifteen.
Guess what? You can't leap tall buildings either.
Makes you feel any better, Rivera tossed out Smith's omnibus motion.
Our evidence stays.
Of all the nonsense, your Mr.
Smith has just served me.
With what? While I'm on the phone with the mayor.
He's changed his plea.
Not guilty by reason of mental disease or defect.
He blinked.
Work something out with him.
Wait a minute.
We let him plead insanity, he could be out tomorrow or the next day.
No doctor's gonna rush to declare him sane.
Long as Smith takes his pills, we can't guarantee he'll stay locked up.
That's right.
No guarantee.
The community expects one.
And I believe they're entitled to it.
Let a jury decide if he's insane.
Oh, you want a trial? He's been diagnosed as schizophrenic.
A trial is an absolute waste.
Three people are dead, and you're counting pennies? I can count bodies as well as pennies.
You're not using this office to make up for your mistake.
My mistake was following your lead, Mr.
Schiff.
I cut a deal the way you like them, quick, cheap and out the door.
You're off this case, as of now.
Adam.
She can do other cases, she can take a cruise, she can plant a garden, I couldn't care less.
Adam.
I don't want to hear it.
She didn't deserve that.
Tough.
Plead Smith out.
Six years in criminal detention at Bellevue? That's your best offer? Six years minimum.
You get out only if two doctors of our choosing say you're no longer a danger.
Do you know who's at Bellevue? Zombies, you know, cannibals, derelicts.
I'd go out of my mind.
No, I am not agreeing to any minimum term.
If this goes to a jury, you might not get a choice.
Oh, you want to get into a pissing contest with me over legal insanity? I'm an expert on the subject, from both sides of the looking glass.
And I know something about juries.
They're sick of sharing their streets with dangerous madmen.
They don't want to cure you, they want you behind bars, for life.
Let them try.
I've got a dozen doctors and every law firm that was afraid to hire me who'll say I'm crazy.
Aren't you the least bit sorry about the people you killed? Yes, I am, Mr.
McCoy.
But that wasn't me.
I'm not that creature, and I'm not taking the rap for what he did.
Now, you get your friend in here.
She's good at cutting deals.
I'm taking my offer off the table, Mr.
Smith.
You just talked your way into a trial.
The statute's clear.
If he can't appreciate the consequences of what he's doing, or that it's wrong, he's not responsible.
When he killed those people, yes, you're right.
But he created the circumstance that led to the deaths.
His sister told you.
He chose to go off his medication despite a history of violent behavior.
He knew the risks.
He chose to ignore them.
Depraved indifference.
Murder two.
Not bad.
Good luck with it.
Not so fast.
I want you in the second chair.
Never mind Adam.
It's my case.
I choose who sits in my second chair.
Adam's not the only problem.
Claire, Smith didn't slip through the cracks because of you.
The system worked the way it's supposed to.
Yes.
And doesn't that scare the hell out of you? You're thinking of resigning? I'm starting to think that we're the Maginot Line of the justice system, and I don't like it.
You want to feel useful? Help me put James Smith away.
When the trial's over, the door's open, no strings.
To make the case, we have to show that Smith was rational when he stopped taking the pills.
You want me to call Elizabeth? After you go home and change.
I'll walk you to your car.
When I was at the halfway house in Princeton, I had two more relapses.
That's when the doctors told me I'd probably be on medication for most of my life.
My mental state is well documented.
I doubt your findings will be any different.
I want to hear it from you.
When you killed those people, how long had you been off your medication? Two months, give or take.
Do you think there's something wrong with you? Yes.
I've seen the MRls and the PET scans.
My brain doesn't look like yours, Doc.
So you accept the fact that you have an illness? I realize it, but I certainly don't accept it.
Then I'm curious why you'd stop taking your medication.
Didn't you know your symptoms would come back? In one form or another.
You knew you'd attacked people in the past? Yes.
In the past.
Did you care? Have you ever been on an anti-psychotic drug? No.
I'm using every ounce of energy I have right now just to talk to you.
I feel like I'm pawing through a wool blanket.
I feel stiff and half a step behind everyone.
It takes so much effort.
I get so damn tired just holding onto reality.
Letting go is almost a relief.
Anti-psychotic drugs have powerful side effects.
It's the most common reason patients stop taking them.
In your opinion, did the defendant understand what the consequences might be? Yes.
He knew he was susceptible to paranoid delusions, that these delusions had led him to try to strangle a girlfriend, to threaten others and to destroy property.
Can you describe these delusions? When he's not medicated, Mr.
Smith believes he's a Biblical warrior who was killed by a woman in his sleep.
He believes he has to watch for people who might harm him in his sleep.
He believes women are the tools of his enemies.
Is that why he killed Linda Bowers? Yes.
And he believed that Mrs.
Ellis and the others were her accomplices.
Dr.
Olivet, is it your opinion that he willfully and voluntarily put himself in that state of mind? Yes.
Thank you.
Doctor, isn't it a fact I killed those people in broad daylight, in a public place? Yes.
I didn't dispose of the murder weapon, I didn't wash the blood off of my clothes? No.
As a psychiatrist, might you conclude from my behavior, I didn't know what I was doing was wrong? Yes, I probably would, but the issue is your decision to stop taking your medication.
Let's talk about that.
Is it possible my decision was made under duress from the powerful side effects you described? Yes, it's possible.
Under duress, how could I be expected to predict my future psychotic behavior? Mr.
Smith, you're intelligent, perceptive.
You know far more about your disease than any psychiatrist.
Ms.
Kincaid's intelligent.
She couldn't predict my behavior.
She didn't think I was dangerous.
She let me off with a fine.
Why should I be held to a higher standard than she? Objection.
Withdrawn.
No more questions.
That's not good enough.
Your Honor, I want you to instruct the jury Denied.
You can deal with it in your closing, Mr.
McCoy.
Let's move on.
I saw Mr.
Marx and another woman, I didn't know her name, on the floor, bleeding.
Then I heard a yell, and this filthy man ran toward me.
Something hit my head, and I don't remember anything else.
The man who ran toward you, do you see him here today? Yes.
That's him, sitting there.
May the record reflect the witness pointed at the defendant.
Thank you.
Mrs.
Ellis, I'm very sorry I injured you.
The first two times you saw me, I didn't look like this, did I? You cleaned yourself up to make an impression.
Objection.
Sustained.
The jury will disregard the witness' last comment.
Do you remember what I used to look like? You had a beard, long dirty hair, dirty clothes.
You were disgusting.
I looked like someone who should be locked up in a mental hospital? Yes.
Doesn't it gall you that Ms.
Kincaid didn't do that when she had the chance? Objection.
Withdrawn.
Mrs.
Ellis, isn't it a fact you're suing Ms.
Kincaid? Yes.
You think she's responsible for what happened to you.
Yes.
Objection.
That she should've put this mad man in a hospital.
Objection! Damn you.
How can you sit there? You let him do this to me.
You let him out.
Mr.
Smith, this cross-examination is over.
Mrs.
Ellis, you can stand down.
And thank you.
You'll be lucky they don't convict her.
Claire is not the issue.
Even the victims are pointing at her.
I warned you about this.
Okay, maybe this is a conversation you should be having without me.
It's all right.
Adam thinks we should bury you in a back room until the trial's over.
The trial is over, you're cutting a deal.
This is off my desk.
Well, he's not wrong.
Smith only has to turn one juror.
No matter what Adam thinks, we can't force a plea down his throat.
Maybe if we talked to his sister.
We know which side she's on.
Then why isn't she on his witness list? He'd plead to manslaughter in the first degree.
He'd serve a minimum of six years in a secure psychiatric hospital.
After his release, he'd have to report every morning to a clinic for his medication.
If he missed an appointment, he'd violate his parole and be returned to custody.
How long would he be on parole? For as long as he needed his medication.
The doctors said that could be until he's in his 60s.
Ms.
Smith, your brother is running the risk of spending the rest of his life in prison.
But he's sick.
The jury has to see it.
Suppose they do.
Within a matter of months, he could be back on the street, unsupervised, and no one will vouch for his safety.
I already turned down this deal, without the lifetime parole.
If you think I'll take it now, you must be crazier than I am.
Jimmy, please.
It's a fair offer.
Patty, you're not the one who has to sit in a loony bin for the next six years.
You want to try out the accommodations in Attica? You're here because you're losing.
You haven't even rested yet.
I'm already beating you.
What do you expect to win? The freedom to eat out of garbage cans? To share a heating vent with 100 other homeless men? Jimmy, listen to me.
Take the offer.
You won't be left alone.
Honey, I promise you.
Patty, stop it.
I've already written my summation, Mr.
McCoy.
Do you know how long I've waited to give closing arguments to a jury? I could've been a great lawyer.
I'm gonna prove it.
I'm gonna win.
I'm sorry they brought you down here for nothing, Patty.
Mr.
McCoy, I want to speak to the jury.
I want to testify.
She can't.
Her testimony's not relevant.
That's for a judge to decide.
Over the past 10 years, Jimmy has stopped taking his medication a dozen times.
Each time, he ended up in a hospital or a police station.
Did he ever tell you why he stopped taking his medication? He'd say because he was cured, or because the side effects would make him sick.
And what did you say? I begged him to take his pills.
I warned him that he could hurt himself or other people if he stopped.
What would he say? He would say that people would just have to stay out of his way.
Did he ever offer any explanation for his behavior? Yes.
Five years ago, when he was living with our parents, I found out that he had rented an apartment in Hoboken on the 14th floor.
What did you do? I went there.
He was sitting on the floor of the living room.
He said he'd tried so hard to stay on his medicine, so he could get a job as a teacher or a lawyer.
But nobody wanted him because he was sick.
He said there was no point in taking his medicine.
He said he didn't belong anywhere.
He was afraid of what would happen to him when our parents died.
He rented the apartment so he could jump off the balcony.
He needs someone to make him take his medicine.
He won't listen.
He needs someone to make him Ms.
Smith, hold on.
Mr.
Smith, do you want to object? I can instruct the jury to disregard.
No more questions.
Do you understand the consequences of this plea? Yes.
You realize you'll be incarcerated in a secure forensic hospital for a minimum term of six years? Yes.
And after your release, you'll submit to the strict administration of anti-psychotic drugs, any failure to comply will result in your return to custody for the completion of your sentence.
Do you understand all of that? Yes.
As a condition of your plea, you're required to allocute to your crime.
Would you please tell this court what you did? "I followed Linda Bowers to a clothing store on Prince Street.
"I believed she was plotting to hurt me.
I waited for her to come out.
"She was taking too long, so I went inside.
"A man came toward me and I became afraid, "and I stabbed him with a bayonet I had with me.
Then I" This paper's full of needles.
They cut me, and I bleed.
Do you hear those chariots? They stole them from me.
They want me to sleep.
They like that.
That's why I killed her.
I heard what Deborah said unto Barak.
"The Lord shall discomfit me.
" But that's Mr.
Smith? Mr.
Smith.
Why are you looking at me? I made them do that.
Patty cakes.
Mr.
Lowe, please.
You look like a lion.
Don't do that, or I have to leave.
Mr.
Smith, sit down.
Mr.
Lowe Oh! Wait! Wait! They took my armor.
I need my armor.
I absolutely can't wear this.
Mr.
Smith.
No! Listen to me.
We'll deal with your armor when we're done.
Now, please sit down.
I'm sitting down now.
I'm sitting down now.
I'm sitting.
I am sitting down now.
Your Honor.
I am sitting down now.
I am sitting.
Mr.
McCoy.
The People are satisfied that the defendant has met the requirements.
Then in accordance with the plea agreement, I sentence the defendant to a term of not less than six years and no more than 18 at a facility to be determined by the Department of Correction.
This court is adjourned.
They found Smith's cache of pills in his cell.
About a week's worth.
He stopped taking them the day after his sister testified.
When he knew it was hopeless.
He mailed me his summation.
We're lucky.
He could've hung the jury.
These are their stories.
It's the nature of things.
The universe devolves into entropy.
Entropy? You lost me.
Disorder.
Things rot, they rust, they fall apart.
You're falling apart.
You bring home Brad Pitt, this is what you do all night? Talk? Guess who forgot to buy condoms? Oh! You are such a virgin.
I wasn't in the mood anyway.
Like, if the whole universe is doomed to spin out of control, what is the point of anything? Thank you, happy person.
I got to get back to work.
Later.
It's lunchtime, everybody.
Oh, my God.
Three dead inside, another vic was taken to the ER.
Head wound.
Probably not gonna make it.
Just our luck.
You got the cashier there, customer there under the rack.
CSU ID'd her as Linda Bowers according to her wallet.
Worked in a bakery on Greene.
Irving Marx.
Owns the joint.
Opened less than a year ago.
Rough business.
Who found them? Sales clerk.
She was bringing back lunch.
Where is she now? Hospital.
Should have seen her.
She ID'd the cashier before she went mental on us.
Speaking of, did anybody check the till? CSU did.
Couple hundred bucks and change.
Any witnesses? Nobody so far.
Keep asking.
Vintage clothing.
I wonder if anybody actually makes a living selling this stuff? Apparently not.
I think I see one of my old bowling shirts.
Bad day for the Irish, Lennie? Long time.
What's the matter, Mickey, not enough crime in Brooklyn for you? No goodies like this one.
Your basic violent misanthrope gone berserk with some kind of sword.
A sword? I mean, like Zorro.
There's deep stab wounds, wild slash and gash.
You work out the sequence? First, Mr.
Marx here.
Then this one, Linda Bowers.
Then the cashier, she was making for the front door.
And last, our survivor, looks like she caught it coming out of the fitting room.
It was quick.
Excuse me.
Well, it doesn't play out as a robbery or a shakedown.
Could be a very dissatisfied customer.
Yeah, he didn't like the return policy.
They were laying there so quiet, all of them.
I wasn't gone for more than half an hour.
When you left, did you see anyone suspicious hanging around? I was rushing to meet my friend.
I didn't really look.
What about your boss? Did he have any problems with anyone? We had some trouble just before I went to get the lunch.
With who? These two black kids.
I feel stupid even thinking they could've done it.
Just tell us what happened.
Mr.
Marx caught this girl shoplifting a blouse and he He threw them out the store, and her boyfriend got really angry.
He said he was coming back with his crew.
And what did they look like? He was really tall, and he had almost shaved head.
She had dookie curls and a big maroon jacket, a varsity jacket.
Did it have writing on it? Just initials.
WTS.
Wagner Trades.
Basketball team was in the finals last year.
A tall black teenager.
It figures he's a criminal and he plays basketball.
Well, we'll check out your chess team next.
That's him.
In the back row.
Look, it's always the same thing.
I mean, people in stores are always watching what we do, always thinking, "They gotta be stealing something.
" Hey, I'm watching you now, Jerome, and I see a kid with a big chip on his shoulder.
Yeah.
What you don't see is I have a 3.
5 average, because a concept like that wouldn't enter your policeman's mind.
You wouldn't be the first killer who made dean's list.
Now, look, we have a witness who says you threatened the store owner.
No.
No, man.
Look, I was gonna sue his ass for taking Liana's shirt the way he did.
So now it's her blouse? That's right.
I was gonna get mine back the American way.
I don't need to kill anybody.
My mother bought it for me at Bloomie's last year, for my birthday.
A witness says you lifted it off the rack.
Accused of lifting it.
But nothing on that blouse said it was theirs.
No tag, nothing.
It was mine.
After the store, where did you go? We got something to eat and then we went back to school.
And Jerome was with you the whole time? Yes, ma'am.
I know who you ought to be looking for.
Oh, yeah? Who's that? This raggedy old crackhead.
He was outside when we were thrown out.
He was rocking, like they do when they're high.
Can you describe this man? White.
Long hair.
Dirty beard.
He had on a green coat.
He gave me a nasty look.
Look, I said I didn't do anything.
Why don't you ask Liana? We asked your school, Jerome.
Last year, they took a walking stick from you, the trick kind, with a sword inside.
That was just a toy.
And we also heard you're a regular Dennis Rodman on the court.
Bad temper, the whole act.
Man! It's just bumping uglies, man.
That's part of the game.
I didn't kill anybody.
All right, all right.
Take it easy, Jerome.
Now, after you were asked to leave the premises, did you see anybody outside the store? I don't know.
I mean, just a pipehead talking to a window.
What did he look like? He was a white guy.
He had like a beard and like long, ratty hair.
He was wearing an army jacket.
Okay, you wait here.
The neighborhood crackhead.
Everybody's favorite bogeyman.
You heard this story before? From the girlfriend.
Before you go, put them each with separate sketch artists.
See if they come up with the same picture.
Not quite twins, but they're related.
Good thing he only looks like every other bum on the street.
Well, call the hospital.
Maybe the survivor can make an ID.
She better.
Latent got nowhere on prints.
The M.
E.
Worked up a profile of the weapon based on the wounds.
Single-edge stabbing weapon.
Probably military, a sword or a bayonet.
I heard a woman scream.
Give her some time.
She's processing.
How much can we expect? As far as first level details go, limited.
I was trying on a dress.
A woman was on the floor.
A man hit me.
All right, Joanne, I'm gonna show you a drawing.
Just nod if you recognize him.
That's him.
The homeless really are invisible.
No one remembers seeing him.
Yeah, everybody I talked to has got the same blind spot.
Sumptuous, isn't it? We have a whole selection of fabrics over here.
How soon would you gentlemen need it delivered? Well, at these prices, we ought to be able to drive it home.
No, actually, we're with the police, ma'am.
We're trying to find someone connected with those murders down the block.
Oh, yes, it was horrifying.
Does this face ring a bell? Maybe you saw him yesterday? Not yesterday.
The day before.
He was just outside, right there.
He kept looking in.
I think he was watching one of my customers.
What did your customer look like? Blond, curly hair.
Glasses.
You remember her name? Uh She wrote it down in our book, for the mailing list.
Here it is.
Victim number two, Linda Bowers.
Five days a week for three months, Linda worked in the window.
Sweet kid like that got a lot of looks.
Guys gave her their number.
It's awful what happened.
You ever see this guy bothering her? Oh, yeah.
This germ.
Linda gave him some samples about a month ago.
I told her not to.
Love at first sight? Must've been.
Every couple of days he'd park himself across the street and stare at her.
Imagine having that staring at you and following you around.
If it were me, I might call the police.
She did.
Couple of weeks ago.
Lot of good it did her.
Yeah, you got to see this skell in person to get the real flavor.
I can't wait.
So the Bowers girl called you from home? Yeah, around Suspicious character loitering in the side alley.
We get there, the guy's gone.
The girl said he followed her home from work.
She gave us a description.
Well, where'd you catch up with him? Well, we went back by her place a couple of hours later.
He was across the street, walking a circle, so we grabbed him.
So you got an ID.
No wallet, no driver's license.
Wouldn't give us his name.
100% John Doe.
What'd you do with him? We relocated him.
You know, like they do with bears.
We dropped him in the park.
Gave him a little kick in the ass.
You know, to send a message.
Guess what? It didn't stick.
And they should've dumped him at the North Pole.
You know, he was back a week ago.
Back here? Oh, yeah, yeah, yeah.
Ms.
Bowers wasn't home.
I found him looking through the garbage.
You were happy to see him, I'll bet.
I was gonna put his nose out the back of his head.
But then he pulls out this bayonet, Korean era.
All shined up.
So the guy swings a blade at you, you don't call the cops? I didn't even tell Ms.
Bowers.
I didn't want to alarm her.
Thought I was doing her a favor.
They sent the sketch to every shelter from Downtown to Midtown, no nibbles yet.
I don't know, maybe the guy hit the road.
Oh, sure.
He's in Miami with Sly and Madonna.
This guy's like my Uncle Harry.
Five blocks from his bed in any direction, that's as far as he went.
So what, you want to cruise the neighborhood in hopes that he comes and squeegees our windshield? Hey, the bayonet, he didn't have it when Nit and Wit took him for a ride in the park.
Some places on Houston carry army surplus.
Hey, Lennie, everything for the weekend warrior.
Can I help you? Yeah, we're looking for a Korean War bayonet.
For the M1? Yeah, something, preferably new, right out of the box.
You're a week late.
Some bum stole it off my table.
This bum? That resembles him.
He tried to buy it with soup kitchen vouchers.
From where? They looked like St.
Ive's.
I turned around, bing, the blade is gone.
That looks like James.
James who? All I got was James.
The other regulars call him Gomer.
As in Gomer Pyle.
He's a vet? Not of any war we've heard of.
He wears army fatigues, army boots.
This really surprises me about James.
Why's that, Father? He's been coming here on and off for the last eight months.
At times, he seems very lucid.
He's obviously had an education.
Yeah, well, looks like he's a couple of credits shy of a degree.
Thanks, Father.
What? Sometimes the guy's crazy, sometimes he's not? Maybe he's on medication.
Keeps himself on a pretty short leash.
Let's try the local clinics.
Yeah, I know him.
James Smith.
He always tells me, "I shall return.
" You know, like MacArthur.
Because I'm Filipino.
How often does he return? Uh According to this, he hasn't for a couple of months.
Did something happen to him? No, he happened to somebody else.
What's his drug of choice? Risperidone and carbamazepine for schizophrenia.
He's supposed to take it every day or Watch out.
What? His world and ours don't revolve around the same sun? Not even in the same galaxy.
Most of your schizophrenics don't get violent.
But they never told that to Mr.
Smith.
When he visits the planet, where does he stay? As of a year ago, he was staying at the Donough Arms on Broadway.
But mail we sent there was returned.
Moved, no forwarding address.
Okay.
Let's try this.
When he showed up for his pills, how would he verify his identity? With his New York Public Library card.
So what now, we check to see if he had any overdue books? Well, my guess is he does most of his reading in the library.
You know, it's warm in the winter, cool in the summer.
As a home away from home, it's highly recommended.
Send out a sketch, maybe we'll get a bite.
He's been in the stacks since we opened.
You'll find him under ancient history on the left.
Okay, thanks.
We'll take it from here.
I'll take this side.
Do me a favor, get these people cleared out.
Hey, how you doing? Run! Run! Rey! He's coming to you! All right! Take it easy.
Stay away, Barak.
Just drop the weapon, Jim! I can't hear you.
I'm not listening.
Nobody wants to hurt you, Jim.
Just drop it! That's it! Make all the noise you want.
The noise! The noise! The noise! How's this for noise? James Smith, you're under arrest for assault.
You have the right to remain silent.
Anything you do say can and will be used against you in a court of law.
You have the right to an attorney.
What's happening to me? I can't feel my hands.
I've lost my hands.
Yeah, yeah, yeah, yeah.
Linda Bowers, she's the one who gave you pastries.
Do you remember her? This is all very familiar to me.
They'll come through that door any minute! Hey, hey, hey! Mr.
Smith, we're already here.
How about leaving your imaginary friends alone.
You talk to us, okay? I am a captain in Jabin's army! Really? I was a corporal in Uncle Sam's.
I fought at the Kishon River.
Oh, you did? So when you killed Linda Bowers and those other people, you were following orders, right? The chattering people across the street, they're with the CIA, too, aren't they? This isn't the CIA, Jim.
This is the 27th precinct of the New York City Police Department.
You understand that? It's a hell of a system.
It's a hell of a system.
They drive touch-tone dialing to work and they're still hungry.
Right.
I give up.
I think I need whatever he's supposed to be taking.
Are we even sure of his name? Without a Social Security number or a date of birth, all we have to go on are his prints.
Forensics did a preliminary match of the wounds and cut marks with Mr.
Smith's bayonet.
They're still working up the blood drops on his jacket.
So what do you want us to do with him? He refused a lawyer.
I'll get somebody from Legal Aid down here.
And get your eyewitness in here for a line-up.
Okay, just tell us if you recognize anyone.
That one.
The second one from the left.
He's the one.
Okay.
Thank you.
All right.
Ms.
Kincaid, I want to arrange to get him back on his medication as soon as possible.
After he's booked for murder.
The prints matched up with a James Stephen Smith.
Great.
Thank you.
Besides battling the forces of evil, what other trouble's he been in? Only one arrest.
For stalking a woman 16 months ago.
He pleaded out on harassment two, six months probation and a $500 fine.
I guess if he'd killed her, it would've been $1,000.
What idiot in the D.
A.
's let him off? Say hello, Counselor.
"Case number 631811, People v.
James Stephen Smith.
"Charges are three counts of Murder in the Second Degree, "one count of Attempted Murder in the Second Degree, "two counts of Aggravated Assault on a police officer.
" Let's hear a plea, Mr Not guilty on all charges.
You got that, judge? Oh! Loud and clear, Mr.
Smith.
Miss Kincaid.
Your Honor, the People ask for remand without bail.
The defendant has no fixed address, he poses a danger to the community.
Your Honor, my client's sister is prepared to post bail up to an amount of one million Hey, dark eyes, I remember you.
Mr.
Smith, be quiet.
Your Honor, this woman knows me.
Mr.
Lowe, control your client.
I'll take the same deal as last time.
Make me an offer.
That's enough, Mr.
Smith.
You're remanded to custody without bail.
No, that wasn't the deal.
Officers, remove the prisoner.
I am not finished.
I did my I did my probation.
I stayed away from Weinstein.
Doesn't that count? Send up the next case.
Ms.
Kincaid, what deal was James Smith talking about? I can't comment on that.
Well, was he on probation when he committed the murders? No, he was not.
Why did he say he knew you? I don't have any comment.
Excuse me.
No comment? If you were trying to chum the waters, congratulations.
The feeding frenzy would've started without me.
Now it looks like we have something to hide.
Do we? I don't.
It was a routine plea bargain.
The case against him was weak.
He never made threats, he had a job.
What kind of a job? Grading practice essays for a bar review prep school.
Back then, he didn't look like he slept in a cardboard box.
His mental state was never even brought up.
The point is, he paid the fine and he never harassed the woman again.
We don't owe anyone an apology.
Good thing you're not writing the press release.
Yes.
This came for you, Jack.
Thanks.
Smith's lawyer.
He's withdrawing from the case.
He fired me.
He has his own lawyer? Uh-huh.
James Smith, pro se.
You're not serious.
He's obviously not fit to represent himself.
Oh, he has an edge.
If you're gonna defend a guy like that, doesn't hurt to be crazy.
No judge will ever go along with it.
You'll know come Monday.
He has a hearing with Judge Rivera.
Plan to be there, Mr.
Lowe.
I'm opposing your being released.
You want me to stick with this fruitcake? What did I ever do to you? The right to represent oneself is not absolute, Your Honor.
It can't be asserted by someone who is clearly incompetent.
Mr.
Smith, isn't it a fact that you have a history of mental illness, that you've been diagnosed as having schizoaffective disorder? Yes, Your Honor.
Since I was 23, at college.
I'm prone to manic depression, hallucinations, paranoid delusions, and many other kinds of psychotic behavior.
Unless I'm taking my medication.
And you're currently doing that? Yes.
Since my arrest.
This is the same person who claimed the police were CIA agents.
If you let him represent himself and we convict, he'll appeal and say that he was denied competent representation.
Absolutely not.
Your Honor, I am a lawyer.
University of Michigan Law School, class of '87.
Admitted to the New York Bar in '88, in the First Department, as were Your Honor and Mr.
McCoy, I believe.
There's no guarantee that he won't suffer another psychotic break during the trial.
We'll all be back where we started.
Your Honor, I can stand here all day and quote People v.
Kaltenbach, v.
Conney, v.
Harris, v.
Sawyer.
Unless Mr.
McCoy can establish at this very moment that I am incompetent, the court has no choice but to allow me to proceed pro se.
He's absolutely right, Mr.
McCoy.
Then, Your Honor, I request that Mr.
Lowe remain as the defendant's standby counsel.
So ordered.
See you in court, Mr.
Smith.
Your Honor, I'll have my omnibus motion to suppress on your desk by the end of the week.
I look forward to it.
We're adjourned.
Hell of a brick.
Must've had every jailhouse lawyer in Rikers working on it.
He's a one-man show.
I talked to his law school.
He graduated summa cum laude, law review, Postdoctoral Associateship.
But as far as anyone knows, he's never practiced.
His first trial, and he knows just enough law to turn it into a circus.
A circus? Three counts of murder? He's taking it seriously.
Then why doesn't he plead insanity? Because he's insane.
Or he thinks he can beat us in court.
He's been attacking every piece of evidence we have.
He's gonna claim we have the wrong man.
I've read his motion.
I doubt Judge Rivera will grant it.
Rivera wasn't supposed to let him represent himself either.
He gets 10% of this past any judge, you're in trouble.
You can't even tell a jury why he stalked Linda Bowers.
A schizophrenic's motive? You're prosecuting an attorney, not a schizophrenic.
The eyewitness, she hear him say anything before he attacked Bowers? She barely remembers seeing Smith in the store.
Well, take another run at her.
There was a lot of screaming.
There might have been words.
Can you think what those words might've been? I was in the dressing room.
A man's voice said something like, "Life forever.
" Was it Smith's voice? What difference does it make what he said? He's a lunatic.
If you could've heard him in court last week, you might not be so sure.
We read where he has a law degree.
Yes.
Is that why you let him go, because he was a lawyer? No, we just didn't know enough about him at the time.
He was stalking a woman.
That didn't give you a clue there was something wrong with him? Sir, I can't even imagine how angry and frustrated you must feel.
You're going to know exactly how we feel, Ms.
Kincaid.
We've been contacted by an attorney for the other families.
We're suing you and the city.
Those people are dead and my Joanne will never be the same because of you.
I talked to my brother last month.
Never mentioned Linda Bowers.
He called because he overheard someone plotting to kill our parents and he wanted me to take them to Canada.
Our parents died three years ago.
The woman he injured said he yelled something about life forever.
Any idea what he meant by that? He probably said, "The wife of Heber.
" It's from the Bible.
She lured Sisera, an army captain, into her tent with food, and then she stabbed him through the temple.
This is old news to you.
Jimmy minored in theology, so he studied the Bible.
When he first became schizophrenic, he used to accuse his girlfriend of putting needles in his brain.
He called her the wife of Heber.
And Linda Bowers gave him pastries.
Did he ever attack his girlfriend? He tried to strangle her in his dorm in Princeton.
The next day, he was in a hospital for six months.
So now you have a motive.
Is that supposed to make him criminally liable? I'm just trying to understand his behavior.
You should've tried that a year and a half ago.
How come you never returned my phone call? Excuse me? Last year, when he was arrested for following that woman, I left a message for you.
Oh, yes, I remember.
I assumed that you were calling to ask for leniency.
I thought since I let your brother off with a fine that I didn't I called to tell you that he belongs in a hospital.
He needs supervision.
He takes his medication for a few months, he thinks he's cured, he stops.
That's how he gets into trouble.
With all due respect, Ms.
Smith, it was your problem to get your brother hospitalized, not ours.
But now he is your problem, Ms.
Kincaid.
The campus police at Princeton just dug up their report.
Since Smith's girlfriend declined to file charges, it was never reported to the local police.
So the Ellises can add Princeton to their lawsuit.
I also checked with the University of Michigan Law School.
During his post-doctoral year, Smith trashed an office.
It would've been nice to know all this 16 months ago.
If I'd returned Patricia Smith's phone call, maybe we would've.
Claire, check your roster.
How many cases did you have on calendar that week? Forty-seven.
And how many "A" felonies? Nine.
How many plea bargains? Fifteen.
Guess what? You can't leap tall buildings either.
Makes you feel any better, Rivera tossed out Smith's omnibus motion.
Our evidence stays.
Of all the nonsense, your Mr.
Smith has just served me.
With what? While I'm on the phone with the mayor.
He's changed his plea.
Not guilty by reason of mental disease or defect.
He blinked.
Work something out with him.
Wait a minute.
We let him plead insanity, he could be out tomorrow or the next day.
No doctor's gonna rush to declare him sane.
Long as Smith takes his pills, we can't guarantee he'll stay locked up.
That's right.
No guarantee.
The community expects one.
And I believe they're entitled to it.
Let a jury decide if he's insane.
Oh, you want a trial? He's been diagnosed as schizophrenic.
A trial is an absolute waste.
Three people are dead, and you're counting pennies? I can count bodies as well as pennies.
You're not using this office to make up for your mistake.
My mistake was following your lead, Mr.
Schiff.
I cut a deal the way you like them, quick, cheap and out the door.
You're off this case, as of now.
Adam.
She can do other cases, she can take a cruise, she can plant a garden, I couldn't care less.
Adam.
I don't want to hear it.
She didn't deserve that.
Tough.
Plead Smith out.
Six years in criminal detention at Bellevue? That's your best offer? Six years minimum.
You get out only if two doctors of our choosing say you're no longer a danger.
Do you know who's at Bellevue? Zombies, you know, cannibals, derelicts.
I'd go out of my mind.
No, I am not agreeing to any minimum term.
If this goes to a jury, you might not get a choice.
Oh, you want to get into a pissing contest with me over legal insanity? I'm an expert on the subject, from both sides of the looking glass.
And I know something about juries.
They're sick of sharing their streets with dangerous madmen.
They don't want to cure you, they want you behind bars, for life.
Let them try.
I've got a dozen doctors and every law firm that was afraid to hire me who'll say I'm crazy.
Aren't you the least bit sorry about the people you killed? Yes, I am, Mr.
McCoy.
But that wasn't me.
I'm not that creature, and I'm not taking the rap for what he did.
Now, you get your friend in here.
She's good at cutting deals.
I'm taking my offer off the table, Mr.
Smith.
You just talked your way into a trial.
The statute's clear.
If he can't appreciate the consequences of what he's doing, or that it's wrong, he's not responsible.
When he killed those people, yes, you're right.
But he created the circumstance that led to the deaths.
His sister told you.
He chose to go off his medication despite a history of violent behavior.
He knew the risks.
He chose to ignore them.
Depraved indifference.
Murder two.
Not bad.
Good luck with it.
Not so fast.
I want you in the second chair.
Never mind Adam.
It's my case.
I choose who sits in my second chair.
Adam's not the only problem.
Claire, Smith didn't slip through the cracks because of you.
The system worked the way it's supposed to.
Yes.
And doesn't that scare the hell out of you? You're thinking of resigning? I'm starting to think that we're the Maginot Line of the justice system, and I don't like it.
You want to feel useful? Help me put James Smith away.
When the trial's over, the door's open, no strings.
To make the case, we have to show that Smith was rational when he stopped taking the pills.
You want me to call Elizabeth? After you go home and change.
I'll walk you to your car.
When I was at the halfway house in Princeton, I had two more relapses.
That's when the doctors told me I'd probably be on medication for most of my life.
My mental state is well documented.
I doubt your findings will be any different.
I want to hear it from you.
When you killed those people, how long had you been off your medication? Two months, give or take.
Do you think there's something wrong with you? Yes.
I've seen the MRls and the PET scans.
My brain doesn't look like yours, Doc.
So you accept the fact that you have an illness? I realize it, but I certainly don't accept it.
Then I'm curious why you'd stop taking your medication.
Didn't you know your symptoms would come back? In one form or another.
You knew you'd attacked people in the past? Yes.
In the past.
Did you care? Have you ever been on an anti-psychotic drug? No.
I'm using every ounce of energy I have right now just to talk to you.
I feel like I'm pawing through a wool blanket.
I feel stiff and half a step behind everyone.
It takes so much effort.
I get so damn tired just holding onto reality.
Letting go is almost a relief.
Anti-psychotic drugs have powerful side effects.
It's the most common reason patients stop taking them.
In your opinion, did the defendant understand what the consequences might be? Yes.
He knew he was susceptible to paranoid delusions, that these delusions had led him to try to strangle a girlfriend, to threaten others and to destroy property.
Can you describe these delusions? When he's not medicated, Mr.
Smith believes he's a Biblical warrior who was killed by a woman in his sleep.
He believes he has to watch for people who might harm him in his sleep.
He believes women are the tools of his enemies.
Is that why he killed Linda Bowers? Yes.
And he believed that Mrs.
Ellis and the others were her accomplices.
Dr.
Olivet, is it your opinion that he willfully and voluntarily put himself in that state of mind? Yes.
Thank you.
Doctor, isn't it a fact I killed those people in broad daylight, in a public place? Yes.
I didn't dispose of the murder weapon, I didn't wash the blood off of my clothes? No.
As a psychiatrist, might you conclude from my behavior, I didn't know what I was doing was wrong? Yes, I probably would, but the issue is your decision to stop taking your medication.
Let's talk about that.
Is it possible my decision was made under duress from the powerful side effects you described? Yes, it's possible.
Under duress, how could I be expected to predict my future psychotic behavior? Mr.
Smith, you're intelligent, perceptive.
You know far more about your disease than any psychiatrist.
Ms.
Kincaid's intelligent.
She couldn't predict my behavior.
She didn't think I was dangerous.
She let me off with a fine.
Why should I be held to a higher standard than she? Objection.
Withdrawn.
No more questions.
That's not good enough.
Your Honor, I want you to instruct the jury Denied.
You can deal with it in your closing, Mr.
McCoy.
Let's move on.
I saw Mr.
Marx and another woman, I didn't know her name, on the floor, bleeding.
Then I heard a yell, and this filthy man ran toward me.
Something hit my head, and I don't remember anything else.
The man who ran toward you, do you see him here today? Yes.
That's him, sitting there.
May the record reflect the witness pointed at the defendant.
Thank you.
Mrs.
Ellis, I'm very sorry I injured you.
The first two times you saw me, I didn't look like this, did I? You cleaned yourself up to make an impression.
Objection.
Sustained.
The jury will disregard the witness' last comment.
Do you remember what I used to look like? You had a beard, long dirty hair, dirty clothes.
You were disgusting.
I looked like someone who should be locked up in a mental hospital? Yes.
Doesn't it gall you that Ms.
Kincaid didn't do that when she had the chance? Objection.
Withdrawn.
Mrs.
Ellis, isn't it a fact you're suing Ms.
Kincaid? Yes.
You think she's responsible for what happened to you.
Yes.
Objection.
That she should've put this mad man in a hospital.
Objection! Damn you.
How can you sit there? You let him do this to me.
You let him out.
Mr.
Smith, this cross-examination is over.
Mrs.
Ellis, you can stand down.
And thank you.
You'll be lucky they don't convict her.
Claire is not the issue.
Even the victims are pointing at her.
I warned you about this.
Okay, maybe this is a conversation you should be having without me.
It's all right.
Adam thinks we should bury you in a back room until the trial's over.
The trial is over, you're cutting a deal.
This is off my desk.
Well, he's not wrong.
Smith only has to turn one juror.
No matter what Adam thinks, we can't force a plea down his throat.
Maybe if we talked to his sister.
We know which side she's on.
Then why isn't she on his witness list? He'd plead to manslaughter in the first degree.
He'd serve a minimum of six years in a secure psychiatric hospital.
After his release, he'd have to report every morning to a clinic for his medication.
If he missed an appointment, he'd violate his parole and be returned to custody.
How long would he be on parole? For as long as he needed his medication.
The doctors said that could be until he's in his 60s.
Ms.
Smith, your brother is running the risk of spending the rest of his life in prison.
But he's sick.
The jury has to see it.
Suppose they do.
Within a matter of months, he could be back on the street, unsupervised, and no one will vouch for his safety.
I already turned down this deal, without the lifetime parole.
If you think I'll take it now, you must be crazier than I am.
Jimmy, please.
It's a fair offer.
Patty, you're not the one who has to sit in a loony bin for the next six years.
You want to try out the accommodations in Attica? You're here because you're losing.
You haven't even rested yet.
I'm already beating you.
What do you expect to win? The freedom to eat out of garbage cans? To share a heating vent with 100 other homeless men? Jimmy, listen to me.
Take the offer.
You won't be left alone.
Honey, I promise you.
Patty, stop it.
I've already written my summation, Mr.
McCoy.
Do you know how long I've waited to give closing arguments to a jury? I could've been a great lawyer.
I'm gonna prove it.
I'm gonna win.
I'm sorry they brought you down here for nothing, Patty.
Mr.
McCoy, I want to speak to the jury.
I want to testify.
She can't.
Her testimony's not relevant.
That's for a judge to decide.
Over the past 10 years, Jimmy has stopped taking his medication a dozen times.
Each time, he ended up in a hospital or a police station.
Did he ever tell you why he stopped taking his medication? He'd say because he was cured, or because the side effects would make him sick.
And what did you say? I begged him to take his pills.
I warned him that he could hurt himself or other people if he stopped.
What would he say? He would say that people would just have to stay out of his way.
Did he ever offer any explanation for his behavior? Yes.
Five years ago, when he was living with our parents, I found out that he had rented an apartment in Hoboken on the 14th floor.
What did you do? I went there.
He was sitting on the floor of the living room.
He said he'd tried so hard to stay on his medicine, so he could get a job as a teacher or a lawyer.
But nobody wanted him because he was sick.
He said there was no point in taking his medicine.
He said he didn't belong anywhere.
He was afraid of what would happen to him when our parents died.
He rented the apartment so he could jump off the balcony.
He needs someone to make him take his medicine.
He won't listen.
He needs someone to make him Ms.
Smith, hold on.
Mr.
Smith, do you want to object? I can instruct the jury to disregard.
No more questions.
Do you understand the consequences of this plea? Yes.
You realize you'll be incarcerated in a secure forensic hospital for a minimum term of six years? Yes.
And after your release, you'll submit to the strict administration of anti-psychotic drugs, any failure to comply will result in your return to custody for the completion of your sentence.
Do you understand all of that? Yes.
As a condition of your plea, you're required to allocute to your crime.
Would you please tell this court what you did? "I followed Linda Bowers to a clothing store on Prince Street.
"I believed she was plotting to hurt me.
I waited for her to come out.
"She was taking too long, so I went inside.
"A man came toward me and I became afraid, "and I stabbed him with a bayonet I had with me.
Then I" This paper's full of needles.
They cut me, and I bleed.
Do you hear those chariots? They stole them from me.
They want me to sleep.
They like that.
That's why I killed her.
I heard what Deborah said unto Barak.
"The Lord shall discomfit me.
" But that's Mr.
Smith? Mr.
Smith.
Why are you looking at me? I made them do that.
Patty cakes.
Mr.
Lowe, please.
You look like a lion.
Don't do that, or I have to leave.
Mr.
Smith, sit down.
Mr.
Lowe Oh! Wait! Wait! They took my armor.
I need my armor.
I absolutely can't wear this.
Mr.
Smith.
No! Listen to me.
We'll deal with your armor when we're done.
Now, please sit down.
I'm sitting down now.
I'm sitting down now.
I'm sitting.
I am sitting down now.
Your Honor.
I am sitting down now.
I am sitting.
Mr.
McCoy.
The People are satisfied that the defendant has met the requirements.
Then in accordance with the plea agreement, I sentence the defendant to a term of not less than six years and no more than 18 at a facility to be determined by the Department of Correction.
This court is adjourned.
They found Smith's cache of pills in his cell.
About a week's worth.
He stopped taking them the day after his sister testified.
When he knew it was hopeless.
He mailed me his summation.
We're lucky.
He could've hung the jury.