Law & Order 1x3

1. by two separate yet equally important groups—

2. the police who investigate crime

3. and the district attorneys who prosecute the offenders.

4. These are their stories.

5. Upstairs neighbor complained about the smell.

6. Don't worry, Max. There's just three more flights.

7. Didn't somebody fry the coffee yet?

8. Whoa!

9. Yo, Profaci.

10. Hey, Mikey.

11. Holland, Bobby, 26, 27.

12. Shot in back of the head.

13. Probably two days.

14. Ask me, he was probably a dealer.

15. Weapon?

16. Still looking.

17. Who shoots in the head besides dealers?

18. A robber who gets surprised?

19. A burglar so surprised, he leaves behind a full wallet?

20. Captioning sponsored by NBC/UNIVERSAL

21. Needs a paint job.

22. The guy's dead.

23. If they had downstairs...

24. I'm below him, in 2a.

25. You ever talk to him?

26. He listened to sad music.

27. Piano stuff, Gershwin.

28. Left early.

29. Came home late.

30. See anybody with him Saturday night?

31. Saturday night about 1:30

32. I'm coming back

33. from Symphony Space. This guy tears past me.

34. Did you get a good look at him?

35. 1:00 a.m., guy goes running down the steps in this city?

36. I've learned not to look.

37. Brownstones?

38. They're invitations to get robbed.

39. How many sets of prints have you got?

40. We got partials from about a dozen people.

41. It's what you'd expect,

42. unless somebody wiped the place down.

43. You run them?

44. No match.

45. None of his friends had records.

46. Neither did he.

47. What'd they used to say?

48. Live fast, die young, leave a beautiful corpse.

49. Whoever shot this one didn't care much about beautiful.

50. You should have seen the apartment.

51. More trashed than the victim.

52. Not to boil your coffee or anything

53. but a guy fights with a burglar...

54. He gets banged up.

55. Not the late Mr. Holland.

56. Not a bruise, not a mark, not a scratch on the body.

57. Just a nice, clean .38 entrance wound.

58. Close range?

59. A foot, maybe 18 inches.

60. Powder burns...

61. Stippling. You check both hands?

62. Clean, not a trace of powder.

63. The guy didn't shoot himself, that's dead certain.

64. Bobby was big. He...

65. When he was born, he was over 11 pounds.

66. He's always been big.

67. They don't attack big people.

68. I read it in the Post.

69. Could you tell us about your son's friends—

70. places he used to hang out?

71. He kept to himself a lot.

72. He didn't have a lot of friends.

73. I should go get his mail.

74. Bobby have any brothers, sisters?

75. After Bobby, we didn't have any more.

76. He was a very difficult birth, and I had...

77. well, there were just...

78. there were no more children.

79. And now we've lost him.

80. We lost him when he moved over the bridge.

81. Personal possessions.

82. Things they found on him when he was brought in.

83. Would you sign for them, please?

84. Took the watch, huh?

85. An Omega.

86. Big, heavy job, steel.

87. High school graduation.

88. It cost me a week's pay.

89. The band?

90. It had links, tight, steel, too.

91. He wore it to work without worry.

92. When he first moved to the city

93. I bought him a gun.

94. A pistol?

95. .38. It was licensed.

96. I told him to keep it next to the bed.

97. Why didn't he defend himself?

98. You got a big, tough guy, big enough to toss

99. most people around like a pillow.

100. There's always somebody bigger.

101. Captain, the apartment looked like Beirut.

102. And our vic, not a bruise or a cut lip.

103. Now, you fight with a crackhead

104. you're going to get hit, something.

105. A bullet in the head. Isn't that something?

106. How did the perp get in?

107. Fire escape?

108. Nope. One door, no fire escape.

109. Well, then, maybe we're talking about a friend here.

110. A friend with a grudge?

111. You got something better?

112. Maybe you should go out, shake up the ground

113. a little bit, see who he knew.

114. Lock it down, tie it off!

115. Whoa, whoa, whoa, right there, right there. Hold up.

116. I hope to God you get who did it.

117. Bobby was a good man.

118. Women problems?

119. Bobby didn't cat around.

120. Gambling?

121. Not even a football pool.

122. Did Bobby Holland hang out after work?

123. Didn't even come to union meetings.

124. Mr. Massacio, come on, he must have hung out with somebody.

125. Go ask Suarez. Angel.

126. Sometimes they had lunch together.

127. Thanks.

128. Angel Suarez?

129. Detective Logan, Sergeant Greevey.

130. I already heard about Bobby.

131. You a friend of his?

132. I knew him.

133. Real broken up, huh?

134. If I knew who did him, I'd let you know.

135. Where were you Saturday night?

136. In San Juan, visiting my parents.

137. I got back Sunday night.

138. You want to see my plane ticket?

139. We're talking murder here.

140. Look, the night Bobby got it

141. he was having a drink with a friend, Lois Rivera.

142. She has a gourmet sandwich cart up on Upper Westside.

143. If you guys find the killer and want to save the state

144. the price of the trial, give me a call.

145. Thanks.

146. That night before I met my sister,

147. I had a drink with Bobby.

148. We talked a while, about nothing really.

149. I just told him I thought he should go back to school.

150. City College, part-time.

151. Bobby was real smart.

152. He knew a lot about music, he read a lot of books.

153. Would anybody want to hurt him?

154. No.

155. Nobody I can think of.

156. Where did he go after he left you?

157. It's Lois, right?

158. Listen.

159. Somebody blew your boyfriend's brains out with a.38, okay?

160. He went to a bar downtown.

161. Paradise Lost.

162. Look, I really wasn't Bobby's girl—

163. just a good friend.

164. Bobby was gay.

165. You couldn't miss the guy.

166. Why not?

167. The kind of crowd we get. You know, average guys.

168. Construction workers, grad students from N.Y.U., easy mix.

169. Neighborhood. So here's this character

170. dressed kind of charivari.

171. Black t-shirt, gray silk jacket.

172. You know the look—

173. "I'm cool and you're not."

174. You ever seen him with Holland before?

175. Bobby doesn't come in a lot lately.

176. More like, after work for a Michelob.

177. The silk jacket and Bobby were sitting over there.

178. Couldn't hear them.

179. Then they were gone.

180. Silk jacket...

181. want to know the truth?

182. I thought he was a hustler.

183. Something about him.

184. I don't know.

185. I don't know.

186. So he was rough-trade.

187. So they do their thing.

188. Mr. Silk jacket does it all.

189. Sex, kills the guy

190. then trashes the place looking for something to take.

191. Yeah. Any odds on finding him?

192. About as good as finding true love at Paradise Lost.

193. I don't know. His parents, his boss,

194. his co-workers, his neighbors...

195. no one knew this guy was gay.

196. If they're out there, I don't see them either.

197. Think a lot of cops are gay?

198. No way, man.

199. The department's got a special test.

200. They look you in the eye. If your left eye blinks

201. before your right eye, they know you're gay.

202. They say one in ten, max.

203. That's a lot.

204. They just fade in.

205. Silk jacket?

206. Five to one he's not in any of these.

207. Good news and bad news.

208. Let me guess. The good news is,

209. somebody just walked in and confessed?

210. The good news is they found the gun.

211. Empty lot, six blocks away.

212. Bad news? Wiped clean.

213. Registration?

214. You're going to love this.

215. Your vic, Bobby Holland.

216. Terrific.

217. Bobby was always popular with the girls.

218. He was a halfback on the football team.

219. He was on the student council. He was king of the prom.

220. He hid his magazines under the mattress.

221. Playboy.

222. My son was not homosexual.

223. She knows.

224. She just can't admit it.

225. And you? Bobby had everything going for him.

226. Any girl he wanted.

227. His friends would come over, hang out in the yard,

228. just to be around him.

229. Have him throw the football... like that.

230. When he dropped his high-school girlfriend...

231. a beauty.

232. She was a beauty.

233. Gorgeous.

234. He moved to Manhattan.

235. Hmm.

236. I'd go to visit him in the city.

237. Sometimes I'd just stare.

238. He looked like everybody else.

239. He talked like everybody else.

240. Do you know if he

241. brought people home a lot?

242. I told him

243. "You don't know what kind of nuts you're meeting.

244. There's all kinds of loonies out there."

245. That's when I bought him the gun.

246. What about boyfriends?

247. He ever tell you anything about any of them?

248. What do you want to hear?

249. Want to rub my nose in it?

250. He mentioned one guy.

251. Angel.

252. Angel somebody.

253. Danny Massacio in there?

254. What do you think he'd say?

255. You told him Bobby was gay.

256. Or that you are.

257. He'd never believe it.

258. He'd laugh.

259. And that's how I want it.

260. What about you and Bobby Holland?

261. I used to hate being gay.

262. I used to make fag jokes all the time.

263. You know, the way blacks call each other "nigger."

264. Anyway, Bobby would never let me get away with it.

265. I was in love with Bobby.

266. So you take a weekend out of town

267. and he picks up somebody else, huh?

268. Six, eight weeks ago, he started seeing somebody new.

269. Um... we were over.

270. Anyway, I don't know what this guy had for him

271. but they met at the gym.

272. You know his name?

273. He lives somewhere on the Eastside.

274. Jack.

275. I don't know his last name.

276. Gray silk jacket named Jack?

277. Great.

278. Bullet to the head.

279. This case, I heard about it before.

280. What are you, a psychic now?

281. Month ago, maybe two, same kind of killing.

282. Gay bashing?

283. I read about it in Time, Newsweek.

284. Last week or week before.

285. You sure you didn't read about this in your dreams?

286. California.

287. Redwoods.

288. Michelle Pfeiffer.

289. One of them interests you.

290. Earthquakes...

291. And murder.

292. No prints here either.

293. Gun was found in an empty lot wiped clean.

294. Burglary?

295. Uh-huh.

296. Ripped the place apart.

297. A week later, another one just like it in L.A.

298. The vic's address book?

299. Can you fax it?

300. 212-555-8342.

301. Yeah. All right.

302. Thanks.

303. He's faxing it.

304. Call Sheriff's Homicide in L.A.

305. Lead investigator's name is Sam White.

306. They're not as friendly in Los Angeles.

307. Too much sun makes them crazy.

308. Am I sure it's a similar case?

309. Look, I'm as sure as I can be not looking at the bodies, okay?

310. Right. Uh-huh.

311. The victim had no address book.

312. Just a lot of phone numbers on scraps of paper.

313. Copies?

314. Oh, an open homicide investigation?

315. What do you think we're doing, getting cats out of trees?

316. Huh? Look, we link the victims, we got a case, okay?

317. Now if you can just send us...

318. Nobody's asking for the originals, huh?

319. Just fax us whatever you got, okay?

320. What?

321. Hey, fax you, okay?

322. "In an open investigation, we do not release evidence

323. under any circumstances."

324. You know how some people got to give you a hard time

325. just to feel like they're alive.

326. Let's give them a hard time back.

327. Look, do they want an arrest, or what?

328. Put the fire out and I'll settle this thing.

329. Yes, yes, Captain.

330. Mm-hmm.

331. Yeah, if it's their collar.

332. Well, of course we understand.

333. Well, Detective Logan has been under a little pressure

334. on this case.

335. Pressure?

336. Yes.

337. Yes, we would appreciate that very much.

338. A courier?

339. Well, the city is bankrupt

340. but yes, yes, I think we could spring for a courier.

341. Uh-huh.

342. Yeah.

343. No, no, thank you, Captain.

344. Do you believe that?

345. They don't want to lose even a copy of this stuff.

346. What's with them?

347. You know, fellows,

348. at what this courier is going to cost the city

349. I hope this works.

350. You can cross out Jack E. in San Francisco.

351. Still lives there. Hasn't left town.

352. That's all the Johns, Jays, Jacks—

353. all the last names with no first initials.

354. Anybody in San Francisco, L.A. or New York.

355. I got San Francisco.

356. Start with Holland's address book.

357. Read me off the last four digits

358. of any of the ones with telephone numbers.

359. Albano, 4512.

360. Altman, 1763.

361. Berry, 9808.

362. Curry, 4212.

363. Dorman, 78...

364. Wait a minute.

365. Hold it.

366. That's Holland's J. Curry.

367. San Francisco's got John C.,

368. who lives in New York and has the same phone number.

369. Yeah.

370. And L.A.'s got...

371. J.R.C., New York...

372. Same number.

373. You got the odds on three murder victims

374. knowing the same guy?

375. He was in San Francisco and L.A. when the others were killed.

376. Same days?

377. And one on either side.

378. And all three of them had his name in their address book?

379. Not to mention, Bobby Holland's new boyfriend's name is Jack.

380. Enough?

381. Pick him up.

382. Bust the door and then stand back.

383. My partner and I will go in first.

384. It's our collar.

385. That's funny.

386. I figured Def Leppard, maybe Motley Crue.

387. Ready?

388. Go.

389. Police!

390. Which one of you is Jack Curry? I'm Jack Curry.

391. You're under arrest for the murder of Bobby Holland.

392. Put your hands on top of your head! Now! But I...

393. Check it out.

394. Get up. Get up.

395. Spread your legs!

396. You have the right to remain silent.

397. Anything you say may be used

398. against you in a court of law.

399. Hands down. Get your hands down!

400. You have the right to an attorney.

401. If you cannot afford an attorney

402. one will be provided for you at no cost.

403. Let's go.

404. His lawyer's already here.

405. Julia Debakey.

406. Great.

407. What? Who's she?

408. Probably the toughest civil rights lawyer

409. since William Kunstler.

410. Paul Robinette. Julia Debakey.

411. Your cops put my client in a holding cell

412. with a bunch of drug addicts.

413. Geez, we tried to get him a private suite.

414. Eh, he looks like he survived.

415. Well, it isn't my business, Counselor,

416. but this case, it isn't exactly your ball game.

417. How wrong you are, Mr. Robinette.

418. We're building a whole new ball park with this one.

419. I'll allow my client to answer questions,

420. but I may cut this off at any time.

421. Let's start with the wristwatch, Jack—

422. engraved to Bobby Holland on the back?

423. Bobby gave it to me as a present.

424. Just before you blew his head off.

425. To thank me

426. for helping him to shoot himself.

427. You want to run that by us again?

428. Bobby wanted help to commit suicide.

429. Look, he had AIDS.

430. He wanted it to look like a robbery

431. so his mother wouldn't know.

432. And when you went to visit Uncle Joe in Los Angeles?

433. And Aunt Millie in San Francisco?

434. You know about them.

435. Uh, look...

436. if you commit suicide, you don't get the insurance.

437. Those men...

438. Forrest?

439. Dodge?

440. Yes. They pulled the triggers themselves.

441. And you just wiped the gun clean?

442. My client has nothing to say about those cases.

443. What about Bobby Holland?

444. Do you know what AIDS looks like?

445. Have you seen Kaposi's sarcoma?

446. You know what pneumocystis does?

447. What it's like when you can't breathe?

448. Dodge won a silver medal in Seoul.

449. Forrest used to be a professor out at U.C.L.A.

450. Ph.D. in linguistics.

451. The last month of his life, he forgot how to tell time.

452. Did you shoot Bobby Holland?

453. Bobby didn't want to waste away.

454. Who pulled the trigger?

455. I held the gun.

456. Bobby wrapped his hand around mine.

457. He said he wanted to die.

458. I helped Bobby do what he wanted.

459. I didn't...

460. I didn't want to do it,

461. but I wasn't considering myself.

462. It's called mercy killing.

463. You have 48 hours to arraign him or let him go.

464. Ask the medical examiner if Holland did have AIDS.

465. You'll get answers faster than I will.

466. And if Holland did?

467. Find out about the victims in L.A. and San Francisco.

468. What if they had AIDS, too?

469. We'll need answers to questions we haven't even thought of.

470. The guy's jive, I'm telling you.

471. Yeah? Well, the jury might not think so.

472. Yeah, well, what's the jury gonna think when they hear

473. that Holland never even touched the gun?

474. No powder residue on his hands.

475. Holland had AIDS.

476. So did San Francisco and L.A.

477. So Curry's telling the truth. Or part of the truth.

478. You say it's a mercy killing, you don't do 15 to life.

479. Because someone has AIDS doesn't mean he can't be murdered.

480. But where does that get us? He's killing these AIDS patients for kicks?

481. I hated Bobby being that way.

482. I hated the people he hung out with.

483. I hated the way he lived his life,

484. but this guy Curry— you shouldn't put him in jail.

485. He shot your son.

486. You read the articles? Newspapers?

487. Not an easy way to go.

488. Bobby wanted to die.

489. You can't be sure of that.

490. Yes, I can.

491. Bobby asked me to shoot him first.

492. I knew Bobby was gay.

493. We just couldn't talk about it.

494. I'll never have that chance now.

495. That bastard Curry killed my son.

496. You have to put that man in jail.

497. The defense is going to make a very strong case

498. that your son intended to die.

499. I've been getting Bobby's mail.

500. This letter—

501. "Gay Men Allied Against AIDS."

502. Bobby had an appointment with someone

503. to talk about taking A.Z.T.

504. My son wanted to live.

505. The charges are murder in the second degree

506. conspiracy in the first degree, manslaughter in the first degree

507. criminally negligent homicide, promoting a suicide attempt

508. and reckless endangerment in the second degree.

509. Does the defendant wish to enter a plea?

510. Yes, Your Honor, not guilty on all counts.

511. Do the people have a bail recommendation, Mr. Stone?

512. This case is a homicide, Your Honor.

513. Despite the circumstances, we feel that some bail is necessary.

514. Personally, I'm uncomfortable

515. releasing any homicide defendant without substantial bail,

516. but I do not feel this defendant is a major flight risk.

517. $50,000, short date.

518. Our government is killing us through neglect.

519. The mayor, the governor, the president,

520. they have blood on their hands.

521. While we're dying, they're prosecuting Jack Curry.

522. Take the money from the district attorney

523. and give it to the health department.

524. Mr. Gordon, do you think the prosecution is hostile to people with AIDS?

525. If Bobby Holland was dying of Alzheimer's and Jack Curry

526. wasn't gay, would they charge him with murder?

527. Every gay activist in the country's gonna be after us.

528. I understand, Adam, but gay-straight is not the issue.

529. Murder masquerading as assisted suicide is the issue.

530. Now, let's say we drop all the charges

531. and we just go for a misdemeanor.

532. We're not ignoring the gay-straight question;

533. we're making it the only question.

534. You know what that is?

535. Good politics.

536. Yes, and bad law.

537. It is not compassion.

538. It's pity for gay people, and pity is one step away

539. from ridicule.

540. Now what if Bobby Holland wanted to die?

541. How does anybody know what went through Bobby Holland's mind

542. five minutes before he died?

543. Or two minutes? Or 20 seconds?

544. Or one second?

545. And Jack Curry, who's done this twice before,

546. did he talk him into it?

547. You can't change the fact

548. that Holland was gay and Curry is gay.

549. What I can't change

550. is that Jack Curry didn't bring pills and leave them.

551. He didn't bring a gun and leave it.

552. He pulled the trigger.

553. Gay Men Allied Against AIDS.

554. Bobby Holland didn't need an angel of death.

555. He wasn't that sick yet.

556. Did he want to die?

557. Look, you're H.I.V.-positive.

558. You think you'll hang around till you get sick.

559. You start to feel lousy,

560. it's hardly unusual to think about suicide.

561. Bobby wanted to kill himself.

562. I told him not to.

563. And?

564. He said he'd think about it—

565. going on A.Z.T., trying experimental drugs.

566. I saw Conrad Gordon on TV.

567. Anybody want to call Jack Curry a hero

568. I tell them to look at me.

569. I was diagnosed

570. with AIDS when it was still called "GRID," for God's sake.

571. I'm still here.

572. Curry had no right to shoot Bobby Holland.

573. Okay, thanks.

574. You're saying Bobby Holland might have reconsidered?

575. If he'd reconsidered, my client wouldn't be here.

576. You don't know that, I don't know that.

577. And even you don't know that, Mr. Curry.

578. You were involved in those cases in California.

579. Do you have a stake in getting these people to die?

580. No, Mr. Stone, I don't.

581. Did you try to talk Bobby Holland out of it?

582. Several times over several hours.

583. He didn't want to turn into a zombie.

584. What if it were your son, Mr. Stone?

585. If it were my son, I'd take him to every hospital in America

586. to try to save him.

587. We'll plead to promoting a suicide.

588. You'll plead

589. to manslaughter one.

590. We'll drop the other charges

591. and we'll make a sentencing recommendation.

592. Bobby Holland intended to shoot himself.

593. Manslaughter one is an admission my client intended to shoot him.

594. He didn't shoot him full of penicillin.

595. We're finished here, Jack.

596. Mr. Stone...

597. I hope you never have to face these choices yourself.

598. I hope you never see anybody dying

599. the way I've seen people die.

600. But if you do, I hope you have the courage

601. to do whatever has to be done.

602. And what is your position at the hospice, Mr. Wellman?

603. I counsel people with AIDS.

604. Over the past year

605. how many people have you counseled?

606. Short-term, over 100; long-term, perhaps two dozen.

607. And how long have you worked there?

608. Eleven years.

609. Everyone you care for is dying?

610. We're all dying, Ms. Debakey.

611. I mean the people in the hospice are terminally ill.

612. Most of those who come to us will die within a year.

613. Isn't it true that many cancer patients

614. experience excruciating pain?

615. Yes, that's common.

616. You ever counseled anyone to commit suicide?

617. Objection, Your Honor. Relevance.

618. This trial isn't about the right to die.

619. It's about whether the defendant shot Bobby Holland.

620. The issues surrounding right-to-die are murky

621. in this state, Mr. Stone.

622. The testimony seems to me relevant.

623. The witness will continue.

624. I've counseled people on suicide, yes.

625. We call it "letting yourself be snowed under."

626. And what do you counsel them?

627. Well, we suggest that they go to England

628. where doctors have the right to assist their patients in dying.

629. Thank you.

630. Mr. Wellman, have you ever given to anyone in your hospice

631. lethal chemicals, a gun, any device

632. that might help them commit suicide?

633. No.

634. Why not?

635. I've been told it's against the law.

636. We've established a hot line to answer questions about AIDS.

637. How many of those calls have you answered personally, Mr. Gordon?

638. Thousands.

639. I volunteer three nights a week.

640. I've been doing it for seven years.

641. Do the callers ever ask you about suicide?

642. Frequently. And what do you tell them?

643. That dying of AIDS is a difficult death

644. and that they have the right to take their own life

645. when the pain becomes too great.

646. Your witness, Mr. Stone.

647. Mr. Gordon, as a gay activist, you're familiar

648. with the current state of treatment for AIDS?

649. Reasonably. And you're aware that A.Z.T. and other drugs

650. will prolong the life of these patients?

651. Yes.

652. And that people have lived with AIDS for several years?

653. Yes, I know that, but I also know

654. that in the end, it's a gruesome death.

655. People with AIDS do not go gently into that good night.

656. But you also know that some gay men, out of embarrassment,

657. might not seek treatment, and commit suicide instead.

658. Are you in favor of that?

659. I'm in favor of gay men taking power over their lives.

660. Uh, no more questions, Your Honor.

661. Excuse me. Are you Ben Stone?

662. Yes, sir.

663. You gay-bashing son of a bitch!

664. Leave us alone to run our own lives and deaths.

665. It could get worse.

666. You think I need a police guard? You think it's a joke?

667. Gay activists don't shoot people.

668. I wouldn't be so sure you're safe, Ben.

669. Jack Curry has AIDS.

670. Julia Debakey just released it.

671. It's time to bail out of this.

672. It just seems like revenge at this point.

673. Find us something, anything.

674. Tonight?

675. Go back over the evidence.

676. Give us a reason to drop the charges against Curry.

677. Anybody got an idea what we're looking for?

678. Remeasure everything.

679. Distance of the body from the bed.

680. Blood markings, all of it.

681. And redust for prints.

682. Make a map of where you get every print.

683. How's the jaw?

684. Only hurts when I prosecute,

685. so keep me out of court until the swelling goes down.

686. Two bookcases were turned over—

687. pushed from behind.

688. Yeah, we redusted.

689. Full palm prints on the back of both.

690. Both sets of prints belong to Bobby Holland.

691. Curry's prints weren't on them.

692. Which means Holland trashed the place himself

693. to make it look like a burglary.

694. Which means he wanted to die.

695. Maybe to us.

696. Meaning?

697. It's convincing emotionally, but not legally.

698. The prints could have been put there a year before.

699. And as to state of mind, he could have changed it

700. the micro-second before Curry pulled the trigger.

701. But does it convince you?

702. Curry's already under a sentence of death.

703. That's as much payment as anyone could ask for.

704. Drop it completely?

705. It's the right thing to do.

706. He pleads to promoting a suicide.

707. He does no time.

708. Yeah.

709. You got a copycat.

710. A woman from Queens just shot her retarded son.

711. She says she got the idea of a mercy killing

712. from the Holland case.

713. Well?

714. We have no choice.

715. We keep going.

716. This morning I was just another ruthless D.A.

717. Now I'm running the inquisition.

718. Mr. Stone, why do you want to put a dying man in jail?

719. Mr. Stone, if you were dying of AIDS

720. would you want someone to end your misery?

721. Would you comment on that, sir?

722. Mr. Gordon asks do I want to put a dying man in jail.

723. The answer is no, but we're asking

724. a more important question in this courthouse.

725. Does Jack Curry have the right, all by himself,

726. to put a dying man in his grave?

727. You allow regular customers to charge their drinks?

728. Well, not exactly charge.

729. You got to make a payment on your tab every once in awhile.

730. Did Bobby Holland pay his bill regularly?

731. He ran a tab on and off

732. for the last two or three years.

733. Paid a little on it now and then.

734. Never let it get much over 100 bucks.

735. Did that change, Mr. Rowan?

736. Couple...

737. a couple of weeks before Bobby died

738. he comes in, he lays 120 on the bar

739. and says this is for the bill plus a tip for me.

740. I said

741. "Bobby, what, you hit the lottery?"

742. He said, "No. I just want to pay my bill."

743. After that, he paid cash.

744. Your own son.

745. He handed you the gun.

746. What did you say?

747. I told him I didn't think I could go through with it.

748. And what did he say?

749. What words did he use?

750. He said, "Dad...

751. "if you ever wanted to do anything for me...

752. do this."

753. Thank you.

754. No more questions.

755. Mr. Holland, I know this is difficult

756. so bear with me.

757. You testified that your son wanted to shoot himself.

758. He had a gun. Why didn't he?

759. Were his reasons religious?

760. No.

761. Was he worried about the pain he'd cause other people?

762. No.

763. Then why do you think your son was unable to take his life?

764. He said he was afraid to die.

765. Thank you, sir.

766. Debakey's putting Curry on the stand.

767. Tough to win the hearts and minds of a jury

768. by cross-examining a guy dying of AIDS.

769. It's still a trial.

770. And early in the disease,

771. what symptoms have you personally witnessed?

772. Exhaustion, dizziness.

773. The inability to hold down food.

774. Loss of weight is the most visible symptom.

775. And later in the disease?

776. A friend of mine— I'd gone to college with him—

777. he went blind

778. and then he got pneumonia.

779. Have you ever heard what it sounds like

780. when somebody is drowning?

781. That's what he sounded like

782. for six weeks.

783. You have been diagnosed with AIDS, is that correct?

784. Yes.

785. What do you hope for?

786. A cure.

787. And if one does not

788. come along soon enough?

789. Hope I'll be lucky enough

790. to find someone who will help me commit suicide.

791. No more questions.

792. Your witness.

793. Mr. Curry, who pulled the trigger on the gun?

794. Answer the question, please, Mr. Curry.

795. Me.

796. Did Mr. Holland have his hand on the gun at all?

797. No.

798. No more questions, Your Honor.

799. You may step down, Mr. Curry.

800. Your Honor, on the basis of new information

801. the defense would like to call an unscheduled witness.

802. Detective Michael Logan.

803. Mr. Stone?

804. No objection, Your Honor.

805. She has very good sources.

806. I'd like to know who they are.

807. Do you swear to tell the truth and nothing but the truth,

808. so help you God?

809. I do.

810. State your name.

811. Michael Logan.

812. Your Honor, I would like Detective Logan treated as

813. a hostile witness. So noted.

814. Tell the jury your profession, please.

815. I'm a detective with the New York City Police Department.

816. Detective Logan, shortly after this trial began

817. did you have a conversation with Assistant District Attorney Ben Stone

818. about this case?

819. Yes, I did.

820. Tell us the substance of your conversation.

821. Do I have to answer that, Judge?

822. Yes, you do, Detective.

823. Answer the question, Detective.

824. Mr. Stone said he thought continuing the prosecution

825. seemed like revenge to him.

826. And what was his solution?

827. Mr. Stone directed myself and Sergeant Greevey

828. to find a reason for him to drop the charges

829. against Jack Curry.

830. Will the defendant please rise?

831. On the first count of the indictment—

832. the charge of murder in the second degree— how does the jury find?

833. Not guilty.

834. On the second count—

835. the charge of conspiracy in the first degree—

836. how does the jury find?

837. Not guilty.

838. On the third count—

839. manslaughter in the first degree—

840. how does the jury find?

841. Not guilty.

842. On the fourth count, the charge

843. of criminally negligent homicide—

844. how does the jury find?

845. Not guilty.

846. On the fifth count— promoting a suicide attempt—

847. how does the jury find?

848. Not guilty.

849. On the sixth count—

850. reckless endangerment in the second degree—

851. how does the jury find? Guilty.

852. That's it?

853. Some people aren't going to be happy.

854. Depends on what you want—

855. vengeance or justice?

856. Stone! Excuse me.

857. Did you really think that I was guilty of murder?

858. We bring the charges when they should be brought

859. and then let the people decide.

860. Well, I may not have a very long life left

861. but it is my life.

862. This wasn't a prosecution.

863. This was a warning, wasn't it?

864. To anybody else thinking about a mercy killing.

865. What gave you the right to use me?

866. Unfortunately, you did.

867. Not once, not twice, but three times.

868. Thanks, Adam.

869. After all that, misdemeanor.

870. Six months suspended with probation.

871. No judge will put Jack Curry

872. in jail.

873. If you had gone only for manslaughter one

874. the jury probably would have found him guilty

875. and he'd have done time.

876. I wonder who told a secretary in your office

877. to call me about your conversation with Logan.

878. I'll have to look into that.