Law & Order 8x13

1. In the criminal justice system,

2. the people are represented by two separate yet equally important groups,

3. the police who investigate crime

4. and the district attorneys who prosecute the offenders.

5. These are their stories.

6. Hey, what's taking Mike? His dessert's getting wasted.

7. Maybe he fell in.

8. It looks delicious now. Hey, easy.

9. Hey! You said it was getting wasted.

10. He said it's Mike's.

11. Mike?

12. Mike?

13. Mike?

14. Andy, Paul, I'm in here. I'm okay.

15. The moron missed me.

16. Let's get the hell out of here.

17. Go. Go.

18. Milton Garner, 37-year-old camera repairman.

19. His wife's out front. Poor woman's all shook up.

20. Some lady saw him walking in just as the shooting began.

21. Excuse me. Do you mind?

22. This lock get busted in the shooting?

23. We broke it to get at the second victim.

24. Leon Mayer, 54, he's a doctor from Seattle.

25. Now he's at Hudson E.R.

26. Good luck to him.

27. He's unconscious. He's got three slugs in him.

28. And three holes in the door.

29. That's impressive shooting. Was anybody else in here with them?

30. All right, these two guys, they were at table 14,

31. and they came running by with guns. I figured them for cops.

32. Their friend was in the second stall.

33. The one next to the wounded guy.

34. Looked pretty scared.

35. Where'd they go?

36. Oh, they went right out the front.

37. Where does that door lead?

38. That's 47th Street.

39. You got someone canvassing out there?

40. Okay, the shooter probably went out there.

41. Then, Mark here, says he saw two guys run into the john,

42. then three run out.

43. They say anything?

44. The third guy, the one that they'd gotten out of the stall,

45. I think he said that the moron missed him.

46. Okay, Mark, do me a favor, you wait up front,

47. then we're going to take you down to the station,

48. put you with a sketch artist, all right?

49. All right.

50. Sounds to me like a hit.

51. And a miss.

52. This is a disaster.

53. This party of three at table 14, we're going to need a name.

54. Party of six. Three couples. There was no reservation.

55. Really? The busboy said you had a full house.

56. We did. But they insisted.

57. Someone slipped you a $20?

58. A $50. We've been reviewed in the Times.

59. Anybody come in after them?

60. No.

61. Did you see them talking to any of the other patrons?

62. Not that I noticed.

63. Oh, uh...

64. One of the ladies gave me a card.

65. She fancied herself a wine expert.

66. She ordered the Cabaret Sauvignon.

67. Can you imagine?

68. How gauche.

69. Gayle Landis, sales representative, Wines Aplenty.

70. She said she works for them part-time.

71. Wine in a bag. Unbelievable.

72. The guys seemed nice.

73. Considering I think they were ex-cons,

74. which normally doesn't bother me much.

75. I mean, people make mistakes, right?

76. Right. Who were they?

77. Jerks.

78. Maybe I'm old-fashioned,

79. but if you heard shooting, would you ditch your date?

80. He wouldn't. Uh, these jerks have names?

81. Andy, Paul and Mike.

82. That's all I got.

83. I never seen them before last night,

84. and I don't expect to ever see them again.

85. Which one was in the restroom?

86. Mike.

87. What does Mike do?

88. Professional stamp licker. I don't know.

89. He had his tongue in Jen's ear most of the night.

90. So how'd you hook up with the Three Stooges?

91. Jen. She said they were friends of her husband, Kenny.

92. Maybe we better talk to Kenny.

93. He's easy to find.

94. He's in Altona doing three-to-six for armed robbery.

95. Gayle's wrong.

96. You're cheating on your husband with a guy somebody tried to kill.

97. We understand how you'd be scared to talk to us.

98. I wasn't there.

99. Why would Gayle lie?

100. Out of habit.

101. Did she happen to tell you she was in Catsonce?

102. Maybe we should ask Kenny what he thinks of his wife

103. getting the wax sucked out of her ear by his buddy Mike.

104. Go ahead and ask him. He knows it's just a bunch of lies.

105. He doesn't know any Mike, and I don't either.

106. So, you want to take a trip to Altona?

107. And get lied to by a pro?

108. If Kenny got wind of Jenny and Mike,

109. maybe he had one of his known associates take care of things.

110. Monday would have been our fifth anniversary,

111. but we couldn't get a sitter for then...

112. So we figured we'd celebrate early.

113. Why would anyone want to hurt Milton?

114. We think he was simply in the wrong place at the wrong time.

115. We were eating dinner in a nice restaurant in a safe neighborhood.

116. We're doing all we can. We're very sorry for your loss.

117. I have to pick up our son at daycare.

118. What's happening with the other victim, Dr. Mayer?

119. Still unconscious and not getting better.

120. His family been notified?

121. His home number's unlisted,

122. but we got his address off his driver's license.

123. Seattle PD's going to send a car over to ring his doorbell.

124. Didn't he have a credit card?

125. Yeah. His billing address is his work.

126. I left a message on his machine at his office.

127. Maybe by Monday, somebody will call us back.

128. Where was he staying in town?

129. He had a hotel key card, but the hotel's name isn't on the card.

130. Okay. Should I switch to easy questions?

131. Well, we know what caliber he was shot with.

132. Hospital pulled three .38 slugs out of him.

133. Kenneth Felker's sheet.

134. The guy he pulled the stick-up with, Michael Thompson.

135. Mike.

136. Felker's still in, Thompson's already out?

137. Oh, it pays to rat out your friends.

138. He rolled on Felker and cut himself a deal.

139. So, I guess Mike was in a hurry to console Felker's wife.

140. Get with his P.O. for a current address.

141. I don't know what you're talking about.

142. Forget about it, Mike.

143. We passed your picture around the restaurant.

144. Four people made you.

145. So why did you take off?

146. What we hear, someone was trying to whack you.

147. I didn't want to get violated 'cause I'm eating with the wrong people.

148. You're going to get violated now if you don't start talking.

149. So, who was this moron throwing shots?

150. Willie. Willie Felker. Kenny's brother.

151. He found out about me and Jen.

152. We had some words a few days back.

153. Those words include, "I'm going to kill you"?

154. Yeah.

155. So what happened at the restaurant?

156. I'm sitting on the john, minding my business.

157. People come in, they go out. Then I hear a gun cock.

158. So, right away, I pull my feet up.

159. Then it's like a shooting gallery.

160. I heard the guy next to me getting popped.

161. How did you know it was Kenny's brother? You saw him?

162. Oh, yeah. I just stuck my head right out

163. and said "Is that you, Willie?"

164. How did this guy know you were going to be at that restaurant?

165. He didn't. He followed me.

166. You sure? He had to.

167. Unless the brother is Kreskin,

168. he couldn't have been waiting for them

169. if they didn't know where they were going.

170. Could have waited outside till he saw Mike head for the john. Curtis.

171. They were stuffing themselves for an hour.

172. Somebody would've noticed him hanging around.

173. Yeah. Thanks. It's Profaci.

174. Hospital just called. Mayer just took a turn for the worse.

175. May be our last chance to talk to him.

176. He won't be able to talk for a few days.

177. We had to open him up again. But he's stable for now.

178. What happened?

179. Pulmonary embolism.

180. Once we got inside, we figured out why.

181. We missed a bullet the first time around.

182. You missed a bullet?

183. What can I tell you. It didn't show up in the X-rays.

184. So that makes four bullets you took out of him?

185. That's right. I hope we have them all now.

186. There were only three holes in the door of the stall.

187. Yeah. The door that was locked.

188. So, Mayer must have taken a bullet

189. before he could get it closed.

190. So, if the door was open when the shooting started,

191. the perp had to see who he was shooting at.

192. Mayer was the target, not Mike.

193. Good news for Mike.

194. We got Dr. Mayer's personal effects here.

195. Breath spray. Breath mints. Maybe he had a date.

196. Here. Check his wallet for rubbers.

197. You think his date shot him?

198. Or whoever he came to town to see.

199. Picture of his kids. No wife.

200. Probably divorced.

201. Seattle PD said they didn't get an answer when they rang his doorbell.

202. Restaurant receipts. Modo Mio in LA Monday night.

203. Receipt for magazines. O'Hare Airport Wednesday.

204. Another restaurant in Atlanta Thursday night.

205. Must have had a hell of a practice.

206. Rent. Friday night. $75 ticket. You think he went by himself?

207. Well, he had dinner by himself.

208. Maybe his date got a headache.

209. September 14th. Row what?

210. "G". Seat 14.

211. Is this about somebody scalping tickets?

212. No.

213. Come on. You gotta tell me.

214. Homicide.

215. Really?

216. My friends are going to die.

217. Uh, about the ticket.

218. Sure.

219. The ticket was bought as a single by Leon Mayer.

220. Is that the guy who was homicided?

221. No. Did Mr. Mayer call the order in?

222. No. The concierge at his hotel would have.

223. The ticket's part of a block we put aside for some hotels.

224. They're mainly singles, real tough to unload.

225. Which hotel?

226. The Hampstead.

227. He checked in Friday morning.

228. Housekeeping doesn't think the room's been slept in.

229. You booked his theater ticket? Yes.

230. Did he say why he was in town?

231. No. We just talked about musicals.

232. He said that he'd seen Yul Brynner in The King and Iin 1964.

233. Well, it's just clothing and toiletries.

234. No address book. No appointment book.

235. Probably all on his hard drive.

236. Probably?

237. It's password protected.

238. Is that his bill?

239. No phone calls.

240. Did he get any messages? No.

241. What's this notation mean?

242. The room's been prepaid by Phillips and Schulman.

243. It's a law firm. They often put people up here.

244. He's an expert witness,

245. forensic psychologist. One of the best in his field.

246. He was due in court after lunch today.

247. Yeah? What case?

248. People v. Worley.

249. The guy who ran over his girlfriend?

250. Dr. Mayer was going to testify

251. my client isn't responsible for murdering the girl he murdered.

252. Oh, one of those expert witnesses, huh?

253. And I thought Mayer was being paranoid.

254. What are you talking about?

255. He was pissed we made the hotel reservation under his real name.

256. He always checks in under a pseudonym.

257. This is going to be a lawsuit.

258. I know it.

259. Worley. Didn't he crush his girlfriend against a wall with a car?

260. Yeah. A '54 Studebaker.

261. Mayer was the hired gun to convince a jury Worley's a mental defect.

262. I'm convinced. Guy purposely messed up a vintage automobile.

263. So Mayer was shot by an antique car collector?

264. Or by the girl's brother.

265. Lawyer said he attacked Worley at his arraignment.

266. Well, see where this hot-head had dinner Friday night.

267. I begged Lisa to get away from him.

268. She finally told him to get lost, the bastard killed her.

269. So, what? You went to court to kick his ass?

270. Seeing his smug face, it seemed like the right thing to do.

271. Where were you Friday night?

272. At home with my wife, my kids and my mother.

273. She's staying with us during the trial.

274. Must be tough, thinking this guy might get off on an insanity plea.

275. Mayer made a career out of this theory of his,

276. dissociation disorder.

277. He says Worley snapped and went into a trance.

278. It's a joke.

279. Big break he won't be able to testify, huh?

280. It's funny how things work out, huh?

281. But I had nothing to do with it.

282. Try the families of the 200-plus victims his clients have killed.

283. Sorry. I've never seen him before.

284. None of the busboys or waiters...

285. No. They don't remember him, either.

286. I wish I could help.

287. That pretzel guy,

288. is he a regular around here?

289. Day and night. I can't get rid of him.

290. Sometimes we can smell those disgusting things

291. all the way in the restaurant.

292. Well, thanks.

293. So, the shooter comes out the side door, maybe he ran by this guy.

294. Yeah. So, what do you say we have some lunch?

295. Hey! How are you doing? Police.

296. I have a permit at home. The boss won't sign for renewals.

297. Relax. We're not the pretzel police. Let me have an extra salty.

298. Yes, sir.

299. So, last Friday night, you here for all the excitement?

300. Excitement? Yeah. The shooting inside.

301. Oh, yes. Yes.

302. I don't know what the guy's talking about.

303. These are pretty good. Thank you.

304. So, did the police officers take your statement?

305. Oh, no. When cops are coming, I'm going. Quickly.

306. Did you see this guy run out the side door?

307. Nobody comes out from that door.

308. Nobody? You sure?

309. Yes. If people come out, I see them.

310. So, nobody saw the shooter leave through the dining room.

311. He had to go out the side.

312. Unless he ducked in here.

313. Oh, sorry.

314. There were interviews with two women who were in the can

315. at the time of the shooting. I think they would've noticed.

316. Not if he was a she.

317. The poor man who was killed?

318. He was right in front of me.

319. Walked into the men's room just as the shots were fired.

320. So, what did you do?

321. Ran into the ladies' room and stayed there.

322. I was terrified.

323. Anybody in there with you?

324. One other woman.

325. She came out of a stall and asked what was going on.

326. And then another woman ran in.

327. How soon after you did she come in?

328. Right after the shooting.

329. We heard a commotion in the hallway,

330. but we just stayed put until the waiter said it was safe to come out.

331. What happened to the third woman?

332. Don't know. It was very confused.

333. Can you describe her?

334. Yes.

335. Ann Taylor knock-off pantsuit, wannabe Prada pumps

336. and a leatherette copy of a Coach portfolio bag in black.

337. Very tacky. What did she look like?

338. Oh! She was about 5'7", light brown hair, bangs.

339. I noticed her earlier eating alone.

340. Why? Because of the tacky outfit?

341. I noticed the man in the Zegna suit who tried to pick her up.

342. He and another man were at the table next to me and my husband.

343. It wasn't hard, Mr. Patterson.

344. We traced your pal from his credit card,

345. and he gave us your name.

346. I better be careful.

347. Wouldn't want my fiancée to get the wrong idea.

348. What idea is she supposed to get?

349. It was a gag.

350. My buddy bet me I couldn't have dessert with the lady.

351. Did you get as far as exchanging numbers?

352. Not even a first name.

353. Said she was busy and pulled out some work.

354. Really. Didn't want to talk to me.

355. What kind of work?

356. Looked like party planning, promotions, that kind of thing.

357. Funmakers. That was the name on the book.

358. We're gonna need your help with a sketch.

359. I got to get back to work.

360. We'd really appreciate it, Hal.

361. And so would your fiancée.

362. It looks like Lindsay Carson, but it's not very flattering.

363. What does she do here?

364. She's a freelance coordinator, handles corporate events.

365. Do you know where we can find her?

366. Oh, let's see.

367. She's in Chicago at a convention, and she'll be back tomorrow.

368. Is she in trouble?

369. We just want to talk to her.

370. Did she ever mention if anybody in her family

371. had been the victim of a serious crime?

372. No.

373. I don't really know her very well.

374. She's only been working for us a few months.

375. She's not a talker.

376. Do you know if she's from around this area?

377. I don't think so.

378. Maury hired her. He read her resume,

379. but he's in Pittsburgh till Monday.

380. Can we take a look at that resume?

381. You don't know Maury's filing system.

382. Mayer's office faxed it over.

383. It's a list of all the cases the good doctor testified in,

384. including the names of the victims. None of them named Carson.

385. That would be too easy.

386. Dr. Mayer's been busy. There must be over 100 cases here.

387. One hundred and thirty-two.

388. What's his batting average?

389. Forty-three acquittals by reason of mental defect.

390. The doctor let these killers walk into a padded cell.

391. And then they walked home.

392. Okay. According to the state employment records,

393. Lindsay Carson worked in Albany

394. for six years before moving here.

395. Albany? Dr. Mayer worked a case in Albany.

396. People v. Rigg. Double homicide.

397. The victims were Robert Kort and Kathy Morris.

398. My back was to the door. I don't remember after that.

399. I never saw who it was.

400. Do you get a lot of threats in your line of work?

401. I mean, setting killers free?

402. Nobody goes free. They get treatment.

403. But anonymous calls and letters.

404. I've been doing this over 20 years.

405. The name Lindsay Carson mean anything to you?

406. Business or otherwise?

407. No. Who is she?

408. She's from Albany. You had a case up there a couple of years ago.

409. People v. Rigg. Guy killed two people.

410. Yes. His boss and a co-worker.

411. He'd been fired.

412. Being a defense witness, you must have been very popular.

413. People get emotional. That's why I'm careful,

414. but there's no reason anybody in Albany would hold a grudge.

415. How's that?

416. The jury found Rigg guilty. Life without parole.

417. Thanks.

418. Oh, Doctor, one more thing. What's your fee?

419. $30,000 to $60,000.

420. If I was Rigg, I'd ask for a refund.

421. Rigg is in Attica. Guess who was on his guest list?

422. Lindsay Rigg Carson. His daughter?

423. We make her 10 feet from the scene

424. five seconds after the shooting stops.

425. That's 10 feet too far and five seconds too late for an arrest warrant.

426. Even if you talk to Judge Siedenburg?

427. He's in the hospital. Gallstones.

428. I could talk to Judge Flores. Search warrant good enough?

429. I need you to open the storage room for this detective. All right?

430. Rey! Get a look at this. It was under the bed.

431. Court TV, Mayer testifying at her father's trial.

432. Mayer testifying in Florida, in LA.

433. Without Reason by Dr. Leon Mayer.

434. Looks like she has the complete works.

435. Yeah. Plus a bunch of newspaper clippings of Mayer.

436. Only thing missing is the doll with the pins in it.

437. I'd rather have the gun.

438. Take a look at this. Must be Rigg.

439. What are you doing to my home?

440. You can't just come in here like this.

441. Ms. Carson, we have a search warrant.

442. I don't care. That's my property.

443. Yeah. Well, now it's evidence.

444. But if you want to make sure we don't lose it,

445. you're welcome to come along with us.

446. Once we're done, you can leave and take this stuff back with you.

447. I guess I don't have a choice.

448. Then if you don't mind.

449. We have to check and make sure

450. you're not carrying anything dangerous, like a hatpin.

451. Officer, you want to escort her, please.

452. Miss?

453. I told you, I don't know where I was on Friday night.

454. I've been working very hard.

455. So, you really don't remember where you ate dinner?

456. Why is that so important?

457. People saw you at the Trident Restaurant

458. on 9th Avenue around midnight.

459. It's a mistake. I never eat that late.

460. Funny thing is, that's the same time two people got shot there.

461. One of them was killed.

462. And the other one seems to be a hobby of yours.

463. Dr. Mayer?

464. What? You think I shot him?

465. It sure looks like you got a problem with him.

466. What, you blame him for your father's conviction?

467. Oh, I get it. My father got railroaded for murder, now it's my turn.

468. This girl's going to be a lot of fun.

469. She's been here almost an hour

470. and she hasn't been Mirandized?

471. We told her she can leave whenever she wants.

472. I'd like to keep her talking.

473. I'd like to be sure whatever she does say, we can use.

474. Lieutenant.

475. Ms. Carson, I'm Lieutenant Van Buren.

476. I'd like you to clear up a few points.

477. Do you own a gun? No.

478. Have you been in possession of one?

479. No, of course not.

480. Have you fired one at a shooting range recently?

481. No.

482. Then maybe you can explain why our lab

483. found traces of gunpowder in your portfolio.

484. I've answered enough questions. I'm leaving now.

485. I want my portfolio back, and I'm taking these with me.

486. I'm afraid that's not possible.

487. I'm not leaving without them.

488. You're not leaving.

489. Please, put those down.

490. You're being arrested for murder and attempted murder.

491. What? You have the right to remain silent.

492. Anything you say can be used in a court of law.

493. You have the right to an attorney. If you can't afford...

494. This material serves only one purpose,

495. to make my client look like a blue ribbon lunatic.

496. If the shoe fits.

497. It's just research. My father needed an expert.

498. Ms. Powell, would you instruct your client?

499. Yes, Your Honor.

500. Ms. Carson assembled these clippings on the doctor

501. when she was thinking of hiring him in her father's defense.

502. And her client went right on clipping

503. long after her father's trial was over.

504. What was she researching then?

505. She had an interest in Dr. Mayer.

506. It doesn't mean she wanted to kill him.

507. It's for a jury to decide what she wanted.

508. I'm going to allow this material, Ms. Powell.

509. Now for the other part of your motion about the gunpowder residue?

510. They had a premises warrant for the apartment.

511. Ms. Carson was in the building hallway

512. when they searched her portfolio.

513. The defendant voluntarily handed it to the officers.

514. They took it from me.

515. What did they tell you? Their exact words?

516. They told me because I was going to ride with them to the station,

517. they had to check my portfolio for anything dangerous.

518. Assuming even a temporary seizure was legitimate,

519. People v. Clements allows only an inventory of the contents,

520. not a chemical analysis.

521. The gunpowder residue was apparent to the officers.

522. How? Were these canine officers?

523. The police have every right to...

524. To check for weapons for their own safety.

525. They don't need a microscope to do that.

526. The gunpowder is out.

527. Then, Your Honor, I move to dismiss the charges.

528. The People have no direct evidence.

529. We can still place her in the ladies' room right after the shooting.

530. Come back when you can place her in the men's room.

531. The motion is granted. Charges are dismissed.

532. Don't these cops know, you got a premises warrant,

533. you bring the suspect into the premises you want to search her.

534. And procedure tells them to keep a suspect

535. outside the premises they're searching.

536. This wasn't their fault.

537. Of course not.

538. I hope somebody's putting this case back together.

539. The police are pulling her travel records, phone records,

540. if she stalked Mayer, she might've left tracks.

541. What does the doctor say?

542. He doesn't remember Carson or the shooting.

543. He'd just gotten out of the ICU when the police talked to him.

544. How's he feeling now?

545. I told the police. I never heard of Lindsay Carson.

546. You say she kept a file on me?

547. Apparently she blames you for her father going to prison.

548. She said he was railroaded.

549. Look, I did everything I could for Mr. Rigg.

550. The jury was out for blood.

551. I can understand their feelings. He executed two people.

552. He was dissociative. He had no idea what he was doing.

553. After he was fired, he had what I describe as a psychic overload.

554. If you say so.

555. Have you even read the case?

556. Arthur Rigg had been an employee

557. of Pine Mountain Fabricating for 18 years.

558. He was fired on a Friday after his shift. He snapped.

559. He took a.38 out of his glove box,

560. and he shot his boss and his boss's secretary in a parking lot.

561. He didn't remember anything for the next two days.

562. That's classic dissociative behavior.

563. Rigg used a.38?

564. Lindsay Carson shot you with the same caliber gun.

565. Not surprising. It's symbolic.

566. Or just practical. Do you know if the gun was ever recovered?

567. Because Rigg still has appeals pending,

568. Albany police wouldn't release the actual slugs Rigg used.

569. They sent macro photos.

570. Will they do? I can make a phone call. They're fine.

571. I checked them against your slugs from Mayer and Garner.

572. The good news is,

573. same number of lands and grooves, same pitch.

574. They were fired from the same gun.

575. The bad news is,

576. the slugs from the restaurant have too many secondary marks.

577. Three went through a metal door.

578. Two were dug out of the wall, and the sixth struck bone.

579. So, I put you on the stand and...

580. I'd have to say the match was 60%.

581. You get me the gun, we're in business.

582. That's not likely.

583. She shot Mayer with her father's gun?

584. Freud must be having a good laugh.

585. Unless we prove it, so will Lindsay Carson.

586. Her father must know where that gun ended up two years ago.

587. According to Mayer, Rigg went blank

588. for two days after the shooting.

589. Well, maybe we can jog his memory.

590. Who was the riding A.D.A. in Albany?

591. A deal for Arthur Rigg?

592. What I'm asking isn't unreasonable.

593. If he cooperates with us, you give him a shot at parole

594. after 25 years.

595. If he lives that long.

596. He's lucky he lived this long.

597. I asked for the death penalty.

598. Robert Kort had four kids. Kathy Morris was seven weeks pregnant.

599. Rigg has a history of drinking and brawling.

600. As far as my constituents are concerned, I lost that case.

601. What will your constituents think

602. if you let another killer walk free?

603. That case is your problem.

604. It wouldn't be anybody's problem

605. if your cops had found Rigg's gun.

606. That's hardly a fair assessment.

607. Lindsay Carson would've found another gun to do the job.

608. By the time we're through, the media won't care about fairness.

609. Especially if Rigg gets anywhere with his appeals.

610. He's already lost his direct appeal.

611. And now he's writing his own briefs.

612. Have you seen Acevedo v. US?

613. For a jailhouse lawyer, Rigg isn't bad.

614. If a judge ever gets around to reading his brief, he might just prevail.

615. Ms. Solvan,

616. if we convict Lindsay Carson,

617. there's nothing I'd like more than to give the credit

618. to the Albany County District Attorney's office.

619. I was finished with this case a year ago.

620. When I ran out of money.

621. I did the trial. I did the direct appeal.

622. That's all I was required to do.

623. Now I drive all the way from Albany to listen to this?

624. We're prepared to drop murder one

625. down to murder two against his daughter,

626. and we're giving your client an opportunity you haven't been able to offer.

627. An opportunity to sell out his daughter

628. for a chance at parole in 23 years?

629. He's got a better shot claiming I screwed up.

630. I read your brief.

631. I wouldn't pack your suitcase just yet.

632. Maybe you haven't read Acevedo v. US down in New York.

633. You should give the dissent a closer read.

634. You're here to stay, Mr. Rigg.

635. You tell us how your daughter ended up with your gun,

636. you get a chance at parole.

637. Parole after 15 years?

638. You're lucky to get any offer at all.

639. I wouldn't wish this life on anybody.

640. Especially my own kid.

641. Even if I could answer your questions, I wouldn't.

642. You can all go to hell.

643. Guard!

644. Well, it was worth a shot.

645. Niagara Falls is 45 minutes away. You ever been?

646. When I was nine, my brothers tried to push me in.

647. Maybe we don't need Rigg to connect her to the gun.

648. If Albany Homicide couldn't find the gun...

649. They don't know what we know. They tracked Rigg, not his daughter.

650. Monday, May 7.

651. County jail records have Lindsay visiting her father

652. six hours after he surrendered.

653. What time Monday?

654. 3:30 in the afternoon.

655. Well, her work has her checking out

656. Monday at 1:00 in the afternoon,

657. and she didn't come back in until Tuesday afternoon.

658. Monday, May 7?

659. Wherever she went, she had a full tank of gas.

660. $18 worth, Monday, in Albany.

661. I wonder what else she charged?

662. Tuesday, Yellow Shutters Motel. Binghamton, New York. $2.50.

663. Must be an incidental charge. Phone call maybe.

664. She probably paid for the room in cash.

665. So, after she talked to her father in the lock-up in Albany,

666. right away she jumps in her car

667. and drives two hours to Binghamton.

668. You guys want to check out the accommodations

669. at the Yellow Shutters Motel?

670. We'll break out our thermals.

671. Here it is. May 7.

672. Lindsay Carson. Room 103. New York tags.

673. Charge was for a phone call. Must've been posted after she checked out.

674. You have those phone records?

675. From two years ago? We get rid of that stuff after a year.

676. Weird though. We were pretty empty that night.

677. I don't know why they stuck her in 103.

678. It's right beside the kitchen.

679. Maybe she asked for it?

680. Who used the room the night before?

681. Oh, here we go. Gerald Foster.

682. Him I remember. Almost had to call the cops.

683. Borrowed a screwdriver from me.

684. Then he nearly took my eye out with it.

685. How come?

686. I wanted a deposit on the screwdriver, in case he lost it.

687. The guy just went off on me.

688. You get his license tags?

689. Foster said he needed the screwdriver to fix his car.

690. After the Carson lady checked out, I come to find out, uh,

691. the space heater in the room got broken.

692. I think Foster tried to take it apart.

693. Lennie, it was Rigg's car.

694. You going to keep arresting her

695. until you find a judge stupid enough to let you get away with it?

696. We've got her at the scene.

697. We've got a decent ballistics match.

698. To what?

699. To a gun she didn't have access to?

700. You mean the gun she removed from the space heater

701. of room 103 at the Yellow Shutters Motel two years ago?

702. What's your evidence?

703. A registration book which shows your client

704. and her father stayed in the same room on consecutive nights.

705. Another coincidence?

706. The way they keep piling up, it's enough to bury her.

707. Not if you expect a jury to vote on a capital charge.

708. We'll argue inevitable discovery, and get the gunpowder back in.

709. You have an offer?

710. Murder two. Assault one. 25-to-life.

711. Give us a day?

712. It's still a mystery why she chose to wreak her vengeance on Mayer.

713. In my book, her father's lawyer is a better candidate.

714. Better a doctor than a fellow attorney.

715. We got Carson's answer. She wants to change her plea.

716. Not guilty by reason of mental disease or defect.

717. She's claiming she was dissociative when she shot Mayer.

718. Her father's defense.

719. Maybe it's genetic.

720. I don't remember anything.

721. DR. Nothing?

722. Mmm-mmm.

723. Ms. Carson, the court ordered you to answer all my questions honestly.

724. I don't remember where I went,

725. how I got there or what I did.

726. I don't remember anything till I woke up the next morning.

727. What's the last thing you do remember?

728. I found out where Mayer was staying, and I went to talk to him.

729. With a gun?

730. Mmm.

731. The city's dangerous.

732. I saw him outside his hotel.

733. And I don't remember anything after that.

734. You were very interested in Dr. Mayer.

735. Hmm.

736. Because of him, my father will be in prison the rest of his life.

737. What did Dr. Mayer do?

738. He screwed up.

739. He got to Albany three hours before he was supposed to testify.

740. He only spent half an hour examining my father,

741. and on the stand he confused him

742. with another one of his patients,

743. and we mortgaged the house to pay him.

744. He was supposed to save my father.

745. How?

746. By convincing the jury that he didn't know what he was doing.

747. It wasn't his fault.

748. Just like this wasn't your fault?

749. My father is a very good person.

750. He is. He just snapped.

751. He had worked so hard for those people, and they just threw him away.

752. If only the jury knew what my father was really like.

753. And it was Dr. Mayer's job to tell them.

754. What did you feel when you knew he was coming to town?

755. I don't know. I just went numb.

756. Mr. Rigg retained me two days before the trial.

757. They expected miracles.

758. She's absolutely convinced her father's not responsible.

759. I don't care what her beef is.

760. Do you buy this as a defense?

761. Dissociation disorder?

762. Even if I accepted it as a legal defense,

763. the symptoms are too easy to mimic.

764. How do you prove or disprove memory loss?

765. No offense, Dr. Skoda, but this isn't your area of expertise.

766. I mean, as much as I wish it weren't so,

767. Ms. Carson meets all the criteria for dissociation.

768. Yeah, those criteria are completely subjective,

769. and you gotta believe whatever the defendant tells you.

770. Well, my studies show otherwise.

771. The disorder manifests itself very specifically

772. through irrational violence brought on by emotional catalyst,

773. accompanied by memory loss, lack of affect and remorse.

774. If that's all it takes to duck a murder charge, we're all out of business.

775. Doctors.

776. The question is very simple.

777. At the time she fired the gun,

778. did Lindsay Carson appreciate the consequences of her action,

779. and did she know it was wrong?

780. Yes.No.

781. Terrific.

782. She ran into the restroom just moments after the shooting stopped.

783. She was perspiring and breathing heavily.

784. What happened next?

785. We stood away from the door, the three of us, and waited.

786. The other woman kept saying "Oh, my God," over and over.

787. I told her to be quiet

788. so whoever did the shooting wouldn't know we were in there.

789. While you were waiting, did the defendant do anything out of the ordinary?

790. No.

791. Thank you.

792. Ms. Carson never said a word, isn't that right?

793. Yes. I think so.

794. She wasn't screaming hysterically, was she?

795. No. She just stood there quietly the whole time?

796. Yes.

797. Without displaying any emotion, isn't that right?

798. Yes.

799. Didn't you think that was strange, given the circumstance?

800. Yes.

801. Thank you.

802. Since she wasn't seen leaving through the side door

803. or through the dining room,

804. we concluded that she ran into the ladies' room.

805. That was later confirmed by two witnesses.

806. In your opinion, would she have been seen

807. if she'd left through the side door or through the dining room?

808. Yes, most likely.

809. What, if any, conclusion

810. did you draw from her running into the ladies' room?

811. That it was pretty quick thinking.

812. Thank you.

813. My client has been charged with shooting her victims

814. in the busy men's room of a crowded restaurant.

815. Is that also evidence of her quick thinking?

816. I don't know.

817. It was better than shooting them in the dining room.

818. Move to strike, Your Honor.

819. The jury will disregard the witness's last statement.

820. During questioning, Ms. Carson told you that

821. she didn't remember where she was

822. on Friday night, isn't that right?

823. Yes.

824. Did she say anything to you to contradict that statement?

825. No.

826. And you were with her prior to and after her arrest

827. for nearly five hours, isn't that right?

828. Yes.

829. Thank you.

830. That was Briscoe on the phone.

831. Feels bad about the way his testimony went.

832. We say she's cold-blooded, they say she was in a trance.

833. Tomayto, tomahto.

834. There's nothing Briscoe could've done.

835. It's Friday, Jamie. Go home.

836. I got the pleadings from Rigg's trial,

837. to see if his daughter's beef with Mayer had any rational basis.

838. And?

839. It seems she had a better case against the judge.

840. The defense asked for a continuance

841. so Mayer could prepare his testimony.

842. The judge denied it.

843. Fourth amendment due process violation. Tailor-made for an appeal.

844. That's just it. I looked at Rigg's appeals.

845. They never argued due process.

846. Rigg is pretty sharp. He wouldn't have overlooked it.

847. Track down his lawyer.

848. You think I'm an idiot? Of course it's grounds for an appeal.

849. Funny it didn't find its way into a brief.

850. What're you accusing me of?

851. You gave a less-than-zealous representation of an unpopular defendant.

852. Maybe the ethics committee should look into this.

853. He got a better defense than he deserved.

854. Look, I told Rigg and his daughter

855. we had a good due process claim,

856. but we needed Mayer to back it up.

857. What was the problem?

858. Mayer refused to help.

859. Did he say why? No explanation.

860. When was this?

861. A year ago. Then Rigg told me to drop it.

862. And that was the end of my involvement.

863. You have the transcripts of Rigg's trial?

864. If Mayer wouldn't help with the appeal,

865. it gives Carson a whole other motive to shoot him.

866. If this woman had been in touch with him,

867. why did Mayer say he had never heard of her?

868. Maybe for the same reason he didn't want anything to do with Rigg's appeal.

869. He's hiding something?

870. The psychology profession.

871. Good night.

872. Jack. Mayer's testimony.

873. This was no mistake.

874. There's only one way he could've known.

875. Find out where Mayer is, fly him in.

876. I don't see him volunteering to take the stand.

877. Tell him we need to put a face on the crime.

878. Tell him we'll subpoena him. Just get him into court.

879. I spent two months in the hospital.

880. I have an hour of physical therapy every day.

881. I suppose, though, I was lucky.

882. Luckier, certainly, than Mr. Garner.

883. Were you aware that the defendant holds you responsible

884. for her father's conviction?

885. No, not until recently.

886. In Dr. Skoda's videotaped interview,

887. she claims that you were unprepared,

888. that you made factual errors during the testimony,

889. that you confused her father's case with another. Is that true?

890. I was prepared.

891. I made one misstatement, but which I corrected immediately.

892. What was the gist of your testimony at that trial?

893. That Arthur Rigg committed his crimes

894. while suffering from dissociative disorder.

895. What symptoms did he exhibit?

896. Sudden and irrational violence, memory loss.

897. How serious was his memory loss?

898. Well, he couldn't remember the shooting

899. or anything that happened in the next two days.

900. And you believed him? Oh, yes.

901. So, he would have no memory of his stay

902. at the Yellow Shutters Motel in Binghamton,

903. the two nights after the shooting?

904. That's right.

905. I refer to People's 16.

906. The grand jury testimony of the manager of the Yellow Shutters Motel.

907. I'd like you to read the highlighted portion.

908. "I remember him clearly because the day after he checked in

909. "he threatened me with a screwdriver."

910. People's 43.

911. This is a transcript of your testimony at the trial of Arthur Rigg.

912. Again, read the highlighted portion.

913. Dr. Mayer, please read the passage.

914. "Mr. Rigg exhibited classic dissociative reactions.

915. "Trance-like behavior over a period of two days,

916. "instances of irrational violence, including the shooting..."

917. Please finish, Doctor.

918. "... and the attack with the screwdriver."

919. This is the misstatement that you referred to earlier?

920. Yes.

921. How did you know about the attack?

922. Answer the question, Doctor.

923. Mr. Rigg told me.

924. Even though he'd lost his memory?

925. Permission to treat as hostile.

926. Go ahead.

927. Isn't it true that Mr. Rigg had no memory loss?

928. He had some loss of memory.

929. He wasn't dissociative, was he?

930. I stand by my diagnosis.

931. You perjured yourself, Doctor.

932. You sold your professional integrity for $40,000.

933. Isn't that true? No!

934. That's why you refused to testify at Mr. Rigg's appeal.

935. It is absolutely not true!

936. You were afraid you'd be found out.No.

937. That your theory would be discredited,

938. a theory upon which you had built your entire career,

939. and that Mr. Rigg would be shown for who he was,

940. not as a good man who just snapped,

941. but as a violent individual, a bully and a liar

942. who was no more dissociative than his daughter.

943. Objection.

944. Withdrawn.

945. I have no more questions for this witness.

946. You turned this into the trial of Dr. Leon Mayer.

947. Whatever the jury thinks of him,

948. they'll take it out on my client.

949. You hitched your wagon to his theory. Your mistake, not ours.

950. Man one.

951. Not until I hear what she has to say.

952. I needed him to help us with the appeal. I thought he owed us.

953. Mmm.

954. Dad told me to forget it, but I couldn't.

955. I tracked Mayer to his hotel.

956. And you brought the gun with you?

957. Yes. Just to scare him.

958. Uh, he wouldn't speak to me.

959. I followed him everywhere, the theater, the restaurant.

960. I waited to talk to him.

961. When I thought he was going to duck out the back of the restaurant,

962. I went after him.

963. I told him he was a bastard for abandoning a good man.

964. And he laughed.

965. Said he wasn't the problem.

966. The problem was my father was a murderer.

967. And then he went into the restroom,

968. and I didn't believe him.

969. I couldn't.

970. I was just so angry that I went in there and started shooting.

971. And then when I saw that other man,

972. I just kept on firing.

973. I'm sorry. I didn't know...

974. Murder two, 20-to-life. That's the best I can do.

975. Whole world says her father's a killer. One man says he's sick.

976. She heard what she wanted to hear.

977. We all do.

978. Yeah, but we don't all pay $40,000 to hear it.