Law & Order (1990) s17e09 Episode Script


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.
Forget about stats, man, I'm talking about heart.
And Peyton still comes out on top.
(SCOFFS) Do you even have the sports package? Huh? Eli pulls off miracles in the fourth quarter.
(BELL RINGING) And what's he doing the other three? Peyton kicks ass the whole game.
MAN: Open gate! Peyton's the past, man.
Eli's the future.
No one's talking to you.
I got nothing to do inside, except read the sports page.
Yo, I said shut your damn mouth.
(GRUNTING) (DISTANT SIRENS) VAN BUREN: Where's the other officer? On a bus to City Hospital, most likely.
And the con? In the wind.
Leon Vorgitch, a lifer from Green Haven, here on appeal.
Vorgitch? How did he get aweapon? Plastic shiv.
Slipped right past the metal detectors.
And we found this.
Handcuff key.
Also plastic.
Where are we so far, Detective? Got teams searching the area.
DCPl's getting his picture out to the media.
With atip line to call if he's spotted.
VAN BUREN: Lot of folks gonna remember this face.
It doesn't place.
He slaughtered five people in a burgerjoint in '97.
The Midtown Massacre? That I remember.
I was working Narcotics around the corner at the time, and I was one of the first to respond.
I testified at his trial.
They put him on death row.
Three times over.
But they changed the law before they got the needle in him.
This is the bastard that's supposed to be dead.
Leon's not coming to me.
He knows I won't help.
When's the last time you spoke with your son, Mrs.
Vorgitch? Eight years ago, at the trial.
You two had a falling out? He murdered five people.
Can you imagine? Knowing you brought a monster into the world? Has he been in contact with you? I had my number blocked, so he can't call.
If he sends letters, I send them back.
The last one was about a month ago.
I want him caught as much as you do.
I never wanna see him again.
Still, we're gonna assign a security detail to keep an eye on you, all right? Long as I can still get to my church and my doctor.
Yes, ma'am.
Thank you.
You should talk to his brother.
I won't let Carl mention his name around me.
But I know they're still in touch.
Look, I visit him on birthdays and holidays, that's it! You mind if we check your cell phone? It broke.
I'm checking it anyway.
And if find out you're lying, people are gonna be visiting you in prison.
So just do the right thing and help us find your brother.
For what? So you can gun him down in the street? If Leon cooperates, he won't be harmed.
That's crap! You guys tried to execute him.
I'm not gonna give you a second chance! You're gonna give us the names of people that might be helping him, or I swear to God I will take you down! Names! Come on! All right! All right! (PANTING) Jerry Malcolm.
He's our cousin.
He lives on 89th.
Dennis Vorgitch is our uncle.
He's in Brooklyn.
Uh Uh, Nick Lombardi, a guy we used to run with.
I think he's in Queens now, you can try them.
Your list has Nikki Hale and Rex Mays listed as Leon's ex-girlfriend and best friend.
He didn't mention either of them.
Yeah, we're gonna go see them next.
Fugitive Team's looking for a current on Mays, but I'm pretty sure Nikki still lives at the same address.
Sorry, haven't seen Leon since he left me pregnant, and blew those people's heads off.
Well, we need to find him before he does it again.
Is there some reason you're not letting us in? (INDISTINCT CHATTER ON TV) The visitor's log from Green Haven says that you saw Leon three months ago.
So? So you just said you hadn't him since the massacre! Guess I forgot.
I can see how a two-hour drive to a state prison could slip your mind.
If there's anything else you forgot, now would be a real good time to suddenly remember.
I haven't seen him! Looks like you had a guest.
Sol had a few beers, is that a crime? I didn't smell beer on your breath.
ED: You think we're playing with you? We can test those bottles for Leon's DNA.
If we find any, you go down for hindering prosecution.
And the murderer's son? He goes to Child Services.
CASSADY: Probably be better off in foster care, anyway.
From the looks of things.
NIKKI: Please don't! Where's Leon? I don't know! He came by about two hours ago, okay? But I told him to get out! After you fed him and gave him a change of clothes? What's he wearing now? Gray hoodie, white shirt, jeans.
ED: Where was he headed? NIKKI: He didn't say! Give me one reason to believe you.
Because I don't wanna lose my kid! Please! The tip line's had 92 reports, only one of them has him in a gray, hooded sweatshirt.
ED: Where? Port Authority.
Anybody gets killed because you've helped him, kiss your kid goodbye.
We've checked every outgoing bus in the last two hours.
We're talking to personnel inside, so far no one remembers seeing him.
But it's a sure bet he's trying to leave town.
Detectives Green and Hannigan.
This is Kelly, she called in the tip.
How you doing? I work in the E.
across the street.
I was on a smoke break when I saw him.
You sure this is the guy you saw? Yeah.
His face is all over the TV.
How long ago? Took my break at 10:00, so, like, an hour.
What did he do? Did he go in the station? I don't know.
He noticed me looking at him, and he walked away.
I'm sorry, I wish I could tell you more.
No, it's okay, thank you.
You got her? Yeah.
So he doesn't hop a bus, where does he go from here? We got guys watching the subway.
And we put word through TLC for cabbies to keep an eye out.
Let's hope he's on foot.
Well, it's an hour head start, that's at least a five-mile radius.
We're on it.
All right, cool.
Detectives Green and Cassady.
Nguyen, Fugitive.
Says he saw our guy.
How long ago? (SPEAKING FOREIGN LANGUAGE) Barely speaks English, but when I showed him the picture, he nodded.
You saw this guy? (SPEAKING FOREIGN LANGUAGE) Uh Yes, yes.
All units, suspect spotted within the vicinity of Forty-Sixth and Eighth within the last Uptown.
Headed Uptown! Thank you.
Leon's updated contact list has a former cellmate living at Fiftieth and Tenth.
ED: Get your ass over here! (GRUNTS) Why you running, Pedro? Well, you chasing me, man.
Where's Vorgitch? No idea, man.
I ain't seen him since I got out, and I hope I never do.
That dude's a psycho! You're on parole, right? Sheet says you're a meth-head.
Recovered mew-head.
Oh, I guess recovery's not going so hot.
Look, yo, I can't go back, man.
Okay, I can help.
Just don't tell my P.
So help! Leon comes knocking on my door about a hour ago.
Looking to score a piece.
You gave him aweapon? No! Hell, no, man, I don't do guns, man! But I had to give him something, right? So, I sent him to this guy, Skinny, to hook him up.
Where? ESU 1: Police! Search warrant! ESU 1: Clear! ESU 2: Clear! ESU 3: Body's still warm.
All right, clear the building.
Get the Fugitive Team to lock down the whole area, okay? ESU 1: Got a DOA apparent on the site, still fresh.
Got a half a box of ammo, .
All I got here are shotguns, a 9 mil, and two .
All units, suspect is now armed.
I repeat, Vorgitch has a gun.
With at least 25 Teflon rounds.
The dogs were unable to pick up Leon's scent? Fugitive Team's still searching, but we got witnesses in six different directions that all say they saw him.
Where are we on the list of Leon's contacts? We've questioned everyone but an old best friend who moved to California.
We sent Leon's photo to their local PD, in case he shows.
So our escaped convict's back in the wind, we got another DOA.
That makes the body count three.
What? Officer Williams died in surgery.
ED: I'm gonna ask you one more time, where was Leon going? I told you, he didn't say.
And I told you that wasn't good enough! Now think! Did he give you a clue as to where he might've been going? What did he want with a gun? (SCOFFING) Protect himself against you guys.
Did he say that? No.
I'm guessing, man, I don't know! Nina, watch the door.
You already admitted that you helped him get that gun.
So when I'm done with you here, I'm calling the D.
in here, and he's gonna charge you with co-conspiracy, unless you tell me what I wanna know! I told you, he didn't say where was going.
Or what he wanted the gun for, man.
We hardly talked, man! Did he wanna buy anything else? A car, a fake ID? No, no, I swear, man.
But when gave him Skinny's address, he was asking me if I had a phone book.
A phone book? Why? He just asked.
I said I didn't.
I gave him the address and he left, and that's it! What does Leon want with a Manhattan phone book? Looking for a way out, car service or something.
That's assuming he's trying to skip town.
You think he's not? If he's not looking for a ride, he's looking for people.
Sticking around for revenge.
Explains the gun.
You don't go buy a .
45 unless you mean business.
Yeah, I want a security detail assigned to everyone who testified against him, and that includes your family.
Oh, I'm way ahead of you.
They're Upstate.
All right.
So if this is the deal, who's he going after? My first guess would be Mia.
Mia Alvarez.
I mean, if you ask me, it was her testimony that got him the death sentence.
Go talk to her.
It went in here, and came out here.
The doctor said it was a miracle it missed my carotid and jugular vein.
So you would have been Body number six.
It's good to see you again, Detective Green.
Thank you for sending people to look after me.
Don't worry, they're not gonna let him get anywhere near you, okay? CASSADY: Has Leon tried to contact you recently? Not for a long time.
I know he used to mail threats.
Yeah, those pretty much stopped once they decided not to execute him.
But you should talk to John Garvey.
Of all the victim's families, John fought hardest to get Leon executed.
Yeah, I remember his speech at the sentencing.
Yeah, from what I hear, he writes a letter every month.
"My son would have been 24 this month.
"You cut his life short.
"But Chris did more with his young life "than you've done in your whole worthless existence.
"You're nothing, vile.
"A piece of crap not even a mother could love.
" He ever write you back? Lots of times.
I burned the letters.
How about phone calls since he got out? I wish.
I pray that bastard comes looking for me, and you can send the cops outside home.
I got this.
You got a permit for that? Of course.
All's I'm saying is, don't worry about me.
(CELL PHONE RINGING) That son of a bitch comes looking for me, he'll finally get that death sentence.
ED: Nina.
We gotta go.
Fugitive Team found Rex Mays.
The best friend? Yeah.
He wasn't in LA, he squatting in his dead aunt's apartment in Harlem.
You get a shot at Vorgitch, please take it? (COCKING GUNS) ESU 1: Police! Search warrant! ESU 2: Clear! ESU 3: All clear! ED: Nina, look.
CASSADY: Looks like Leon found his phone book.
ED: Hospital listings.
There was an E.
across the street from the bus station where he was spotted.
You think he's hurt? It's possible.
I'll star-six-nine it.
No dial tone.
I guess Rex doesn't pay to have a landline.
Look at this.
It's a box from a disposable cell.
The serial number should get us everything we need to track his location.
Got it.
Leatherjacket, he's about to pass the blue car.
Pull up.
Here we go.
Hey, Rex, how's it going? Don't move.
(SIREN WAILING) Hands on top of the car! Legs spread, come on! How you been, Rex? I know you? We have a mutual friend.
He deleted his call history.
Where's Leon? Who? Not a good time to play dumb, Rex.
We've already been to your place.
You helped an escaped murderer.
That's a C felony, 15 years.
Now where the hell is he? We know he's out for revenge, Rex.
Who's he after? I saw your rap sheet, man.
You ain't never done no hard time! Now how long you think you gonna last in maximum security? You had your chance, lock his ass up! OFFICER: Come on.
Wait, wait, wait.
It ain't about revenge! His mom's got cancer.
She's dying? Diagnosed last month.
She won't come see him, won't talk to him on the phone.
Lee busted out to say goodbye.
So he knows we're watching her place, so he's trying to catch her at the doctor's? HospHaH She just started chemo.
Read him his rights.
Are you still gonna charge me? Oh, hell, yeah! OFFICER: Rex Mays, you're under arrest.
The detail watching Delores Vorgitch has her at Holy Cross Medical in Chelsea.
Excuse me, Delores Vorgitch, which room? Two forty five, down the hall on the right.
He was here? Yeah, I swear to God, I just went to the bathroom for, like, two minutes.
Okay, find any exit and keep your eyes open, okay? Yeah.
What happened? (CRYING) He just wanted me to forgive him.
And I wouldn't.
He called me a bitch and left through the window.
Take the back stairs, we got the roof.
Leon, stop! Leon! Subject has entered a school next to the hospital! Repeat, subject has entered the school next to the hospital! Proceed with extreme caution.
MAN: (OVER RADIO) 10-4, aii units.
Attention, aii units.
Suspect has entered the school next to Holy Cross Medical.
He is armed and considered extremely dangerous.
Proceed with caution.
Back the hell off! Anyone makes a move on me, they all die! (KIDS SCREAMING) All units, roll back, roll back.
Get everybody out of the building.
We have a hostage situation here.
LEON: Get over there! TEACHER: Please! Letthen1go! LEON: Shut up, bitch! Shh LEON: Shut your damn mouth! You wanna die? Everybody, up against the wall.
I said now! Get down! You! You! Yes, you, get down in the corner! (TEACHER CRYING OUT) You! Get your ass up against the wall! The next one of you little bitches makes a sound Major Case says the hostage negotiator is on her way.
Does she know that there's 15 kids in the room? Yes.
She knows.
Lieutenant! He says his kid's in the room with the perp.
She texted him she's getting sick, diabetic shock.
She says she's getting dizzy and confused.
She's going into shock.
What's your name? Rob Purcell.
Her name's Megan.
If she can just get her medicine Mr.
Purcell, we're doing everything possible to make sure that happens.
I want all these cars outta here, or they die! Pull all the units until the intersection until the Hostage Team gets here.
I want those guns away! Get the hell off the street! For now, we do like he says until the team's in place.
(LOUD BANG) What the hell was that? (GUNSHOT) (KIDS SCREAMING) OFFICER: Shots fired! Shots fired! Oh, God! (PEOPLE CLAMORING) We're going in.
ESU 1: Go, go.
Move, move! Let me see your hands! ESU 2: Teacher reports kids down.
Don't you move! ESU 3: Contact EMS, we got bodies.
ESU 2: We got one apprehended.
Send in EMS, we got four shot.
You can't shoot me, I'm unarmed.
Why'd you have to shoot them? Why not? Get him out of here.
CLERK: "Docket number 48215.
”People v.
Leon Wayne Vorgitch.
"Charges are eight counts of murder in the First Degree, "Escape in the First Degree, "and Criminal Possession ofaWeapon in the Second Degree.
" How does the defendant plead, Mr Kiss my ass, that's how I plead.
Control your client, Counselor.
I'll do my best, YourHonoL He pleads not guilty.
And since he's already serving three life sentences for mass murder, bail's not an issue.
But, which cell he's returned to is, Your Honor.
The defendant obtained the tools for his escape while incarcerated at Green Haven.
People ask that Corrections place him in a federal supermax facility pending trial.
Edlund? No objection, YourHonoL So ordered.
(BANGS GAVEL) You can lock me up wherever you want, bitch! We're done, get him out of here.
Lock me up wherever you want, 'cause that's all you can do! And next time I get out, I'm coming straight for you, bitch! Get your hands off me! Murder two on all eight charges.
LEON: Go to hell, McCoy.
Murder one, two, three.
What the hell does that even mean? I want something real.
TV time.
Conjugal visits.
JACK: We're not here to offer perks, Mr.
I want one of them flat screens.
That's my price.
Take it or leave it.
We'll leave it.
But every day I get on that bus and go to court is another day I don't have to spend in here.
Another chance to escape.
(DOOR BUZZING OPEN) Megan died before we reached the hospital.
It's been very hard on all of us.
Especially since Vorgitch should have been executed years ago.
And that's what makes it not just a personal tragedy for the Purcell family, but a moral outrage for all of New York.
We have to fight for the families of the victims.
We need the death penalty.
And when I'm elected, I will fight to bring it back.
Thank you, ladies and gentlemen.
Come on.
Didn't take Dena Carter long to make political hay.
While she's out campaigning for the death penalty, what are we supposed to do without it? Either we decline to prosecute Vorgitch, or we waste three months on a murder trial with nothing at stake.
No trial for eight dead? Two and four children, we owe the families.
Now what we owe them is Vorgitch getting an arm full of poison.
Not an option right now.
Are we sure about that? People v.
LaValle, Arthur.
That case didn't strike down the entire law, just the jury instruction.
There's still a guy on death row whose judge gave a constitutional instruction.
Yeah, that case will be tied up in appeals until the defendant dies of old age.
But if we can get ourjudge give that same instruction, then we've got a shot at getting Vorgitch on death row.
At least then we've done everything we can do.
The legislature's not gonna do anything.
I appreciate your ambition, Mr.
McCoy, but in light of the higher court's ruling, I don't see how I can authorize a death penalty case.
Given the public outrage surrounding this case, YourHonon I don't see how you can refuse.
The People get no justice from atrial that delivers no real punishment! So how do you plan to get around LaVaffe? What if you issue a different jury instruction, one that addressed the court's bias concerns? JUDGE: You want me to rewrite New York's death penalty statute? Just the jury instruction, Your Honor, and the template already exists.
Judge Steven Fisher's instruction in the John Taylor case.
Judge Fisher's rewrite happened before the death penalty was struck down.
The court in LaVaffe declined to craft new instruction.
He's right, Mr.
And fixing all this is the job of the legislature.
They haven't been terribly responsive, havethey? The statute's been in limbo for two years.
No judge has the power to ignore the law, YourHonoL You wouldn't be ignoring it, you'd actually be obeying it.
How's that? LaValle states that you can't issue the old deadlock instruction because it's biased.
And although the court declined to rewrite it, there's nothing to stop you trying.
This is an issue that needs to resolved, YourHonoL If the legislature won't do it, it's on us.
(sum-nus) You seek the death sentence, I'll issue the new instruction and we'll see what happens.
YourHonoL“ ldonWexpectyou to be happy, Mr.
I expect you to appeal.
(BANGS GAVEL) Filed the papers this morning.
Ready for round two.
EDLUND: A trial judge clearly does not have the authority to issue her own private jury instruction in a death penalty case.
She's not imposing it, Counselor, she's merely allowing the Prosecution to seek it.
But Judge Desmond isignofing the deadlock instruction required by statute and crafting her own.
She can't break the law in order to fix it! But the law was already broken.
Precisely, Your Honor.
The status of the law is uncertain.
The People are simply asking if New York has the death penalty or not.
And the answer is no.
Not under the current statute.
Now opposing counsel has exceeded his authority.
The power to answer that question lies with the Courts.
It's called judicial review.
This is judicial activism.
Watch yourself, Counselor.
The Manhattan D.
and Judge Desmond are trying to circumvent the legislature.
Despite LaVahle, capital punishment is still valid in this state.
And what's the point of having the death penalty if we're afraid to use it on a man like Leon Vorgitch? It is the opinion of this Court that whenever possible, the autonomy and authority of trial judges must be upheld.
However, death is different.
A statute this important must be repaired by a majority vote of the legislature, not some clever Band-Aid from ajudge.
The Defense's Article Judge Desmond did exceed her authority.
You may not seek the death penalty, Mr.
(BANGS GAVEL) I'll try to finish you out in a day, but you've got a lot of heavy lifting.
The chase, the siege, the crime scene.
All on you.
Well, I'm here for whatever you need.
I wish I had an option.
Purcell, it's Connie Rubirosa again.
Please call me back regarding your testimony.
(GUNSHOT) (PEOPLE SCREAMING) Stay here! MAN: Shot fired! Shot fired! OFFICER 1: Drop your weapon! OFFICER 2: Put the gun down, man! Down.
I don't wanna have to hurt you! Put the gun down now! OFFICER 1: Hands behind your head.
Up against the wall.
Homicide, I got him.
He killed my little girl.
JACK: Man one, seven years.
Not a snowball's chance in hell.
It's a good offer, Ms.
If this goes to trial, your client will lose.
Come on, you forget that before I was a politician, I was a damn good prosecutor.
You wouldn't be floating a deal here if you thought you could win.
It's called mercy! All of the evidence is on our side.
Your client shot a man in full view of two Corrections officers and a security camera.
Yes, and considering who he shot, you're gonna have a hard time convincing I did exactly what you were trying to do.
Everyone agreed he should die.
I was seeking to have Vorgitch legally executed.
And I executed him.
How can you come after me for that? Because New York doesn't have a do-it-yourself death penalty, Mr.
I don't care what the law says.
It's hardly a defense.
The stress of my client losing his daughter and watching Vorgitch go unpunished has clearly rendered him unable to tell the difference between right and wrong.
This our notice of intent to plead not guilty by reason of mental defect.
Moral ambiguity does not equal insanity defense, Ms.
My client believes that shooting Leon Vorgitch was the right thing to do.
And if you agree, why are you charging him? And if not, that's a valid defense.
It's just a platform to nullify.
They'll hear Vorgitch murdered Purcell's diabetic little girl, the law goes out the window.
Well, jurors aren't the only ones who find his story sympathetic.
Can't we just concede the insanity, and get him time in an institution? Carter won't hear it.
She pounced on this like a bobcat.
Yeah, you can't walk in front the courthouse without seeing her in front of the cameras.
Meanwhile, Dr.
Olivet examined Purcell.
She says he knew right from wrong at the time of the shooting.
You get a second opinion? And athird.
They all say the same thing.
Well, Purcell doesn't deserve 20-to-life, but he doesn't deserve a walk, either.
If we can't make a deal with Carter, maybe we can make a deal with the jury.
The People ask that the jury be allowed to consider man two as a lesser included offense.
They can't make a case for murder, and now they want a safety net.
It's unacceptable, Your Honor.
The safety net is for your client, Ms.
Caflefl He doesn't need one.
There is more than enough evidence to prove murder two.
But in light of the mitigating circumstances, the jury should have the option to give the defendant three-to-six instead of 20-to-life.
They should have to make a choice.
Convict a grieving father of ridding the world of a dangerous mass murderer, or send Robert Purcell home a free man.
It is all or nothing, YourHonoL And you've discussed this with your client, Ms.
Carter? Absolutely.
JUDGE: Well, then I don't see much choice here.
There's ample precedent supporting the defendant's right to take his chances! The jury may not consider man two.
It's murder two, or an acquittal.
I'd like another meeting with yourcfient To discuss what? The fact that he's not getting the best advice from his lawyer.
I'm used to mudslinging on the campaign trail, but, Jack, I expected better of you.
You're playing politics with your client's defense.
You are way off base.
How many scandals are chasing your campaign? All part of the game.
You're down in the polls, defending Purcell is a publicity stunt and you know it.
Then drop the charges and deny me the bully pulpit.
Otherwise, I'll see you in court.
Maybe we should dismiss the murder charge and go after Purcell for manslaughter instead.
It's a dangerous precedent, Connie.
He shot a man in cold blood on the courthouse steps, we have choice but to charge him with murder.
Eventhough we're practically begging him to let us plead him out to manslaughter? Yes.
Isn't that hypocritical? I prefer to call it ironic.
The whole thing is a little convenient, don't you think? What? Purcell killing Vorgitch a month before the election, and Dena Carter catching the case? What about it? She's either very lucky, or You think Dena's involved? All I'm saying, is I wouldn't be shocked if there was more puppet-mastering going on behind the scenes than we know about.
You have any proof? No.
Then leave it alone.
And put all of my energy into burying Purcell for doing exactly what every man in this city wished he had balls to do? Yes.
CARTER: So when did you begin treating the defendant, Dr.
Burnett? Robert first came to see me shortly after his daughter's death.
And what were his symptoms at that time? Depression, post-traumatic stress.
He was just outside the school when his daughter was murdered.
He was contending with profound feelings of powerlessness and loss.
So at that time, did you believe Robert to be in danger to himself, or to others? No.
We were able to manage his condition with medication and talk therapy.
He was making good progress.
So what happened? He was informed that Leon Vorgitch would be escaping the death penalty for a second time.
I believe that information caused him to suffer a psychotic break.
Meaning? He lost the ability to distinguish between right and wrong.
So in your professional opinion, Robert's mental breakdown was caused not by the death of his daughter, but by the State's failure to act? Withdrawn.
When I heard they were gonna let him live, I snapped.
I had a gun, which I bought years ago.
I dug it up, loaded it.
I got to the courthouse just as Vorgitch's van pulled up.
He got out.
We locked eyes.
I shot him.
Rob, did you believe that you were committing a crime? This wasn't murder.
It was justice.
I didn't do it because he stole from me, or because he cut me off in traffic.
I didn't even do it because he killed my daughter.
Then Why'd you do it, Rob? Because he was just too dangerous.
If he had lived, I have no doubt he would have killed again.
So you took action to prevent that from happening? If the police couldn't, or the court, somebody had to do something.
Do you believe what you did was wrong? Twelve jurors voted for the death penalty three times.
Even the District Attorney tried to make it happen.
All I did was carry out the will of the people.
"The will of the people.
" Mr.
Purcell, do you understand why you are in court here today? Objection, Your Honor, this is a trial, not a competency hearing.
Purcell has asserted an insanity defense.
The People have the right to probe his understanding of his situation.
The witness will answer.
I'm here because I shot Leon Vorgitch.
Do you believe yourself to be an agent of the State? Someone legally allowed to carry out executions? No.
So you understand that shooting Vorgitch was a crime.
I I know it was illegal, but I don't think it was a crime.
Murder is not a crime? So there was nothing criminal about what Vorgitch did to your daughter? That was different.
He fired a gun.
You fired a gun.
What was the difference? My daughter was innocent.
And that's why you shot him.
Because he murdered your innocent daughter.
You shot him because it was the will of the people? That's right.
You fired three hollow-point bullets into the chest of the man who murdered your daughter, and you weren't even thinking about her? Tell the truth, Mr.
Was this justice, orwas it revenge? You think I wanted to kill a man? I have nightmares about this.
You have nightmares about it? Yes.
So you do know that what you did was wrong.
Just because it was the most difficult thing I've had to do, doesn't make it wrong.
Leon Vorgitch deserved to die.
But you people wouldn't do it! So I did! He is dead.
That is all that matters.
Who cares what I was thinking? Carter says her client is still not willing to consider a deal.
Not when his lawyer tells him he'll walk.
He may have a chance.
I understand you beat him up pretty good on the stand.
I'd call it a draw.
Or is it wishful thinking? He shouldn't be in that courtroom.
He should be waiting out three years somewhere.
You're plumbing the depths of political cynicism, Jack, my boy.
Sadly, it's a deep well.
(KNOCKING ON DOOR) Purcell testified that he got to the courthouse just as Leon pulled up.
But remanded defendants always arrive at 6:00 a.
Vorgitch got there at 9:00.
His schedule was changed last minute to ensure security.
Someone tipped him off.
I assume you're not here to make a campaign contribution? Did you tell Robert Purcell what time Leon Vorgitch would be arriving at the courthouse the morning the shooting? I beg your pardon? Did you know Purcell was planning to shoot Leon Vorgitch? Of course not.
Convince me.
Go to hell.
I know who you talked to at Corrections.
You were informed of Vorgitch's changed transportation.
Any conversations between my client and myself are privileged.
And if Purcell had told me that he had planned on killing Vorgitch, I'm not obligated to report it.
Is a seat in Albany really worth 20 years of a grieving father's life? Come on, Jack.
I didn't do anything wrong.
If I had, and you could prove it, we'd both be in front of ajudge right now, wouldn't we? The only thing on my mind right now is protecting the people of New York from monsters like Vorgitch.
And protecting heroes, like Robert Purcell from heartless prosecutors like yourself.
Nine years ago, Leon Vorgitch heartlessly murdered five innocent people at a restaurant.
Backthen, the legislature had a chance to make sure that it never happened again, but they failed.
They failed, and he escaped.
And he went on to kill eight more innocent people.
And once again, the State has failed to act.
Thirteen innocent people are slaughtered, and our leaders are powerless to do anything but lock him up and hope he never escapes again? Ladies and gentlemen, the law did not protect our society from Leon Vorgitch.
It couldn't even grant justice to the families of his victims.
And when Robert Purcell heard that, after hearing the shot that killed his daughter, he went insane.
Regardless of the law, regardless of the risk, regardless of the countless witnesses, Robert Purcell felt compelled to make sure that Leon Vorgitch never killed again.
Ladies and gentlemen, the State wouldn't take action, so Robert did.
Now does that make him a murderer? That makes him a man mentally undone, first by a heartless psychopath, and second, by an uncaring system.
Ladies and gentlemen, that deserves your sympathy.
And also your vote of not guilty.
Vorgitch was a monster.
No one disputes that the world is a better place without him.
But this is not about who Robert Purcell murdered, it's about the simple fact that he is a murderer.
Purcell is not insane.
He does not believe himself to be ajudge, a jury, or an executioner.
And yet, by killing Leon Vorgitch, he chose to act as all three.
He may have felt morally justified, but still, he knew that what he did was wrong.
So the question before you is not, "Did Vorgitch deserve to die?" It's, "Did Robert Purcell have the right to kill him?" And the answer is, "No.
" Leon Vorgitch was a danger to our society.
But so is what the Defense is asking of you today.
They want you to look the other way.
Even though Robert Purcell ignored our system of justice, took the law into his own hands, and committed murder in cold blood.
They want you to give him a pass.
If you let Robert Purcell get away with murder, just because you hate the man he shot, you're telling everyone out there that it's okay to kill, as long as the victim was a bad person.
Judges, juries, who needs them? If you wanna see insanity, let this murderer go.
Has the jury reached a verdict? We have, Your Honor.
JUDGE: What say you? On the sole count of the indictment, Murder in the Second Degree, we find the defendant, Robert Henry Purcell, guilty.
JUDGE: Thank you for your service.
The jury is excused.
The defendant will be held in custody pending sentencing.
(JUDGE POUNDS GAVEL) I'm not supposed to see you without my lawyer present.
Trial's over, Mr.
You weren't a client, you were a campaign slogan.
There's not much I can do about it in here.
Did Dena Carter tell you when to intercept Vorgitch? Judge Gordon approved a sentence reduction in exchange for Robert Purcell's testimony.
Down from 20 years to 10.
Eligible for parole in three.
What about Dena Carter? Now that's justice.