All language subtitles for Law & Order s18e09 Executioner.eng

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.

This is about a six foot tall
patient, about 150 pounds,

sort of an
average sized person.

I'm going to start my incision
about two finger breadths

above the tip
of the trochanter.

I find that's about the right height
for an average sized patient.

I'm going to make an incision
about 10 to 15 millimeters...

(EXHALES)

(TELEPHONE RINGING)

The room's registered
to Dr. Mark Burns,

he's up from Philly
for a medical conference.

Are we sure
this guy is Burns?

Well, we didn't find his wallet,
but there's his name tag.

LUPO: Have you talked to the people
who organized this conference?

CORMACK: Yeah, everybody checked
out of the hotel this morning.

The housekeeper found him when
she came to turn over the room.

Wedding ring,
cheap wristwatch.

Hey,Joe? If he was using
the hotel Internet,

could you get a printout of
his browsing history? Sure.

Hair and blood on what's left
of the champagne bottle.

Cause of death looks like
acute cerebral hemorrhaging

from a blow to the head, between
midnight and 3:00 this morning.

That's a lot of blood.

Yeah. It looks like our perp whacked
him at least three or four times.

It's Burns' Amtrak ticket.

LUPO: ATM receipt.

He took out $800
at 11:07 p.m.

from the Citibank
around the corner.

What's he need 800 bucks
that late at night for?

The conference
was organized

by the National Orthopedic
Surgeon's Association.

There were 120 guests
registered Thursday and Friday.

Any problems here
with Dr. Burns?

Nothing I'm aware of.

Stop it right there.

Burns with a man
and a woman.

They don't look like
orthopedic surgeons.

ED: That's 10:58, so he was on his
way to the ATM. Okay. Go ahead.

Yeah. Right there.

He comes back
alone at 11:14.

That's seven minutes
after he left the ATM.

We're going to need a
copy of this, all right?

Joe?
Hey_

Here's the doc's
browsing history.

(SIGHS) His latest entry
was yesterday afternoon,

a Google search for New
York City cyber cafes.

Hmm. Why go to a cyber
cafe when he could use

his own computer
in his own room?

RACHEL". He's dead?

Unfortunately.

Yuck.

You recognize him?

Yeah, he was
here yesterday.

He ordered a decaf,
bought some internet time.

Great. Can you tell us which computer
he used and what time he used it?

I'd need to ask my
boss if that's okay.

LUPO: What have
you got here?

You got a golden retriever?

RACHEL: Yeah.
His name's Coney.

LUPO: Coney.
You know, like the island?

Right, Coney Island. I've heard of that.
Check this out.

Uh, there he is.

Aw, that's so sweet.

That's Otto.
Yeah?

So, about that computer...

4:35. Burns goes straight to Craigslist.
He's browsing personals.

"Casual encounters."

Mmm-hmm.

Look, there's one listing
he keeps going back to.

Right.

"Bored housewife, 28, seeks married
man for NSA fling tonight."

(CELL PHONE RINGING)

Hello?

All right,
we'll be right there.

Burns' wife just showed
up at the morgue.

Who would
do this to him?

He was here with
a bunch of doctors.

LUPO: Did he know anyone
at the conference?

No. He'd never been
to one of these before.

Forgive me for asking, but how
were things between you two?

(SOBBING) Great.

We've been married
for 16 years.

And we have
two daughters.

I just can't believe
this is happening.

When was the last time
you spoke to your husband?

He called at
11:30 last night

and he said that his
wallet had been stolen.

Did he say what time
he got mugged?

Around 8:00, on his
way home from dinner.

He sounded so upset.

And then he...

He asked
about the girls.

He said he couldn't
wait to come home.

LUPO: Well, Burns
lied to his wife.

He told her his wallet
was stolen at 8:00,

but he used his ATM card
three hours later.

Was our mystery
couple with him?

He's alone.

You ever hook-up online?

What, with all them
whack-jobs out there?

I suppose
you have a story.

I was in college,

I met this girl
in a chat room.

You're going to have to get
a couple of beers in me

if you want
to hear the rest.

Hey. I got a man
and a woman

entering the hotel lobby
a little after 10:00.

Did you figure out
where Burns spent $800

an hour before
he was killed?

He goes online to have an extramarital
fling while he's out of town.

He ends up with two scam
artists who take his wallet

and as much cash as he
can get from his ATM.

So he pays up
and they kill him?

ED: Or they find another
bank card in his wallet.

They don't have
the PIN number,

so they go back
for another installment.

I wonder if this
"bored housewife"

is still looking
for company?

(PIANO MUSIC PLAYING)

Edward?

Hi. Linda, right?

Better than
I expected.

Yeah, you, too. Let
me get you a drink.

I'm a little nervous
sitting here.

Why don't we just
go up to your room?

Well, let's just talk
for a little while.

Listen, uh, what were you doing
with this doctor last night?

Whoa, whoa, whoa.
Stay right there.

ED: Sweet. Can't wait to
see your home movies.

We know your friend is somewhere
nearby waiting for a signal.

Get him in here.

Listen to me, Linda,
or whatever your name is,

get him in here, or you're
taking all the weight.

How many married men have
you ripped off like this?

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

How's it work? Your girlfriend
screws him and then...

Then you come in
and lean on the guy?

Whatever, man.

You don't want
to talk to me?

All right,
be a smart-ass.

As soon as we lift the prints off
the bottle from the hotel room...

What bottle?

The bottle you used
to bash Burns's head in.

What? No.
No, no. No way.

If your dirty movie
puts you in Burns' room,

you're looking at
life in Bedford Hills.

Look, we ran our game
on that doctor,

but I swear we never
went back there.

Well, you
blackmailed him once.

Why not go back for more?

It's not just
about the money.

It's the moment.

The guy thinks he's done
with me, but he's not.

You can't believe
the rush.

Where'd you go
when you left?

There was another married
guy in Westchester.

We took him for 2,500
the same night.

I need a name
and an address.

Irving.

It was at a motel
off the Thruway.

My car has an E-ZPass.

We paid tolls on the way
there and the way back.

You can check
that out, right?

Her handbag had
a little cut-out

so she could tape
whatever went down.

LINDA: I hope you're
as horny as I am.

Oh, lam.

You' re really attractive.

Thanks. My husband won't
have sex with me anymore.

So how about you? Your wife
doesn't do it for you?

(STAMMERING) I'm sorry, Linda.
I changed my mind.

LINDA: Oh, you're just nervous.
No, I mean it.

I really think you should go.
(BANGING ON DOOR)

MAN: Dr. Garrison?
Open this door!

Don't answer that.

Oh, he didn't even
go through with it

and they still
strong-armed him.

Their alibi checks out.

E-ZPass has them leaving
the city at 11:35 p.m.

and returning
early that morning.

So, if they didn't do the murders,
we're back to square one.

Rewind to the
knock on the door.

There.

BURNS: I really think you should go.
(BANGING ON DOOR)

MAN: Dr. Garrison?
Open this door!

Don't answer that.

The guy at the door
has a southern accent.

He's banging
on that door hard

like he's got his mind set on seeing Dr.
Garrison.

I wonder if our perp
killed the wrong doctor.

ED: You attended
a medical conference

at Lennox Grand Hotel,
Dr. Garrison?

I was one of the
course directors.

A doctor was murdered in his
hotel room, a Dr. Mark Burns.

Burns...

Oh, my God.

LUPO: You knew him?

Not really.

He showed up at the conference,
he hadn't registered.

The hotel was booked,
so I gave him my room.

You were just
feeling generous?

Well, I live here
in Dobbs Ferry.

He needed a room. I thought
why not sleep in my own bed.

You think the person who
killed him was looking for me?

Can you think of anybody
that would want to hurt you?

Me? No.

Any patients with complaints against you?
You're a surgeon, right?

I don't do
surgery anymore.

I do consultations
and research.

I'm going to retire
at the end of this year.

LUPO: I see you play golf.

Looks like you're
pretty good.

Myrtle Beach Invitational.

My wife and I vacationed
in South Carolina for years.

She passed on.

I'm sorry.

Golf and medicine,
that's my life now.

Why would anyone
want to kill me?

The New York Medical Board doesn't have
any complaints against Dr. Garrison.

LUPO: He's got no criminal
history, but this is interesting.

He posted a $300,000
bail for his daughter

six years ago
in South Carolina.

What was she in for?

Mandy Garrison, age 26, sentenced to
five years for selling methamphetamines.

She was paroled
six months ago.

She's living in a halfway
house in White Plains.

Meth-heads have
real bad tempers.

I'm totally clean,
and I did my time,

five years
in Bedford Hills.

ED: Bedford Hills
is in New York.

Your conviction was
in South Carolina.

My dad had me transferred so he could
play hero dad to hisjunkie kid.

I take it you and your
father don't get along?

August 9th was the fifth
anniversary of my sobriety.

Big ceremony, I got
my five-year chip.

He was in South Carolina
playing golf.

So, why are you asking
me about my father?

We think somebody
tried to kill him.

Is he okay?
ED: Yeah.

He was lucky. The guy screwed
up, killed the wrong doctor.

You obviously don't
think it was me?

Well, you just said
there were problems.

Maybe you called one of your old
meth buddies to do a favor.

That's ridiculous.

Any of your crew have a
problem with your father?

Me and my friends got
busted on an anonymous tip.

Some of them thought my father
was the one who ratted us out.

Iwasn't trying to
hide Mandy from you.

I was just, you know, afraid
this would upset her.

You worry about her.
Is that why you had her

transferred to a prison where
you could be near her?

Mandy followed a boyfriend
to South Carolina.

He got her into drugs.

My wife and I started
spending some time there,

but we couldn't
get through to her.

The arrest
saved her life.

After my wife died, I pulled some
strings to bring her closer to me.

What kind of strings?

I played golf with a
prison warden down there.

He made a request,
got her transferred.

Dr. Garrison, why did you
go to all that effort

and then miss Mandy's sobriety
ceremony, August 9th?

Mandy's mind is, um...

Compromised.

She thinks she invited me,
but she didn't.

She also believes you were the
one that tipped off the police.

Another one of
Mandy's delusions.

Yeah, but if her
friends believed that...

That was six years ago.

These people
are still in jail.

Frankly, Detective, I think this
is about Dr. Burns, not about me.

ED: It's starting to look like
the attempt on Garrison's life

is about something that
happened in South Carolina.

Because his daughter
was dealing drugs there?

It's possible he
dimed out her crew.

Whether he did or not, Mandy and
her meth pals think he did.

Well, it's not that easy to move a
sentenced prisoner to another state.

And the man who knocked on Burns's
door looking for Garrison

did have
a southern accent.

Go home and pack.

Mandy Garrison and her
boyfriend were dealing meth.

She got five years,
he got 15.

He's incarcerated
down at Greenville.

Does anything suggest that somebody in
Mandy's crew had a problem with her,

might have taken it
out on her father?

MASON: You're welcome to it.
I got to tell you, though,

her crowd was
lowlife meth-heads.

TheyWlkHlyou for your
wallet if they're tweaking,

but traveling to New York on a six-year-old
grudge seems a little far-fetched.

These gold stars, they represent
execution dates, right?

That's February,
April, August.

Star goes up once the
execution is carried out.

Right. And, uh, Lionel Hartigan,
the Yost family murders...

MASON: Yeah, that
one's a heartbreaker.

Hartigan killed a father
and two little kids.

Jury sentenced him to death,
but the bastard didn't die.

Wait, I read about that. The guy
survived his lethal injection.

Yeah. There was a screw
up with the chemicals.

Injection didn't
kill him all the way.

Now he's a vegetable
at the prison hospital.

That one ought
to get half a star.

The execution date
was August 9th?

That's right.

Same day our doctor
was here playing golf.

South Carolina law prohibits
me from revealing the name

of any persons involved
in an execution.

This was lethal injection, so the person
who was performing it was a doctor?

A doctor's not required to administer
a lethal injection in this state.

Okay, not required
doesn't mean no.

Was it your friend,
Dr. Garrison?

The Hartigan situation is not
your concern, Detective.

Uh, look.

Somebody tried to kill
Dr. Garrison last week.

Horace? Is he okay?

He's fine, but only because
the killer got the wrong guy.

Next time, maybe
he'll do it right.

Can you just tell us if we're
on the wrong track here?

I can't tell you you're
on the wrong track. No.

Anybody angry about what
happened here, Warden Temple?

Everyone. (SIGHS)

Some people are mad
Hartigan suffered,

others are mad
he didn't suffer enough.

These two guys fighting
in front of the prison...

TEMPLE: Hartigan's brother
Shane got into it

with Jamie Yost
in the parking lot.

Hartigan killed Jamie's
grandkids and his only son.

Jamie was here
to see him die.

Shane Hartigan
got in my face

the minute we got
outside the prison gates

hollering,
"You happy now?"

I told him I wasn't.
His brother didn't die.

He shoved me
and we got into it.

You ever see
him after that?

Hmm. No.

But the cops put a car
outside my house for a while

just in case he,
uh, tried anything.

Are you
still worried?

Uh, they told me
to be careful.

But there ain't nothing
Shane Hartigan can do to me

worse than what his
brother already did.

I know what
this is about.

I wrote the FBI, FBI
gave you my letters.

We're not working with
the FBI on this, Shane.

The truth, about what the State of
South Carolina did to my brother

which is torture, which is
against the Geneva Convention.

Law says they can kill
Lionel fair and square

'cause he did
kill those people.

But no law says
they can torture him.

Why'd you take your
anger out on Yost?

My emotions got the
best of me that day.

But I'm going through
proper channels now.

So who do you blame for what
happened to your brother?

The Department
of Corrections.

Prison guards ain't qualified
to put needles in people.

If a doctor had done it, it
would have been done right.

ED: So, you're sure
a doctor didn't do it?

Have you...

Have you seen
my brother?

Mmm-mmm.

No doctor
would do that.

You sure you weren't
in New York last week?

Not last week,
not ever.

The Mulberry Bistro
has an exquisite cuisine.

We're actuallyjust looking
for, like, a barbecue joint.

Oh. Most of our New York guests prefer
something a little more sophisticated.

This is the closest hotel
to the prison, right?

The closest one
that's not a dump.

Did a Dr. Horace Garrison
ever stay here?

Maybe he came
to play golf?

Oh, yes. Dr. Garrison has
stayed here several times.

Can you check and see if
he was here on August 9th?

(TYPING)

That's funny. You're the
second person this month

who's asked about him.

Who was the first?

He didn't leave a name.

He said the doctor from New York
gave him some medical advice

and he wanted to write
a thank you note.

And did you give him Dr.
Garrison's information?

I gave him the doctor's name
but I didn't have his address.

Another party had
booked the room.

Warden Sam Temple?

You're good. Samuel
Temple booked the room.

Dr. Garrison was here
August 8th and 9th.

LUPO: Well, what about
February 20th?

Right again. He was here
February 19th and 20th.

He was also here in...
April?

Yes.

Listen, do you recognize the man that
came in asking about the Doctor?

Oh, yes. That's him.

This guy right here?
Shane Hartigan?

No, no. The other man,
the one he's shoving.

There must be
some mistake.

I ain't set foot in
Cardinal Court in years.

ED: But were you in
New York last week?

Looking for
Garrison?

I don't know
a Dr. Garrison.

Then we'll have to ask
the Doctor himself.

You see, we're investigating the
murder of a doctor named Burns

who was staying in Dr.
Garrison's hotel room.

I'm sorry.
I don't understand.

Two little girls
lost their father

because somebody
killed the wrong guy.

It was you,
wasn't it, Mr. Yost?

No. Then where were you
last Friday night?

Here. I was right here.

We've sent your photo
to the hotel in New York

where the doctor
was murdered.

Now, if anyone sees you,
anyone recognizes you...

Why would they?

You made a mistake,
Mr. Yost. Own up to it.

No. I don't know.
I can't say anything else.

I need to call a lawyer.

These charges are
the final insult

to a man who's endured
unimaginable suffering.

What suffering is that?

Mr. Yost's son and grandchildren
were brutally murdered.

He attended the
execution of the killer

only to see the procedure
horribly botched.

This case revolves
around an execution?

Mr. Yost murdered the doctor he
believed botched the execution.

People request remand.

No bail?

He'll languish
in jail for months

until the People realize
they've made a mistake.

I'm going to remand the defendant.
But he won't languish.

I'm going to expedite
this case to trial.

That's out of your
hands, Judge.

Wrong, Ms. Mahaffey. My rotation in
arraignment court ends this week.

I'll be handling
this case personally.

(GAVEL POUNDS)

Judge Paulsen grabbed this case
because of the death penalty angle.

He's opposed,
I assume.

Vehemently.

How does that
impact our case?

CONNIE: It's hard to say.

Yost killed Burns thinking it was Dr.
Garrison.

We're certain Garrison
was the doctor

in the South Carolina
death chamber?

All of his stays at the Cardinal
Court Inn coincide with executions.

We'll have to illuminate
Yost's psyche

to get ajury see why he'd
try to kill the doctor

who didn't get
the job done.

Take atrip
to South Carolina.

I'm not here
to judge or blame.

We just want to
prosecute our case.

You really think Jamie
Yost tried to kill Horace?

He stalked him all the
way to New York City.

Well, how did he
figure out that...

You tell me.

I know the doctor's identity
was closely guarded.

But did Yost make any effort
to find out who he was?

He approached a couple guys
on the strap-down team.

How he found them,
I don't know.

I'm going to
need their names.

Their identities
are protected, too.

If we can't connect the
dots, Yost might go free.

Ms. Rubirosa, you are not going to
build your case by breaking our laws.

South Carolina law
is very clear.

Any persons participating in
executions are guaranteed anonymity.

Fine. If we can't pull
the hood off Garrison,

he'll have to
do it himself.

And why would he do that?

The only reason Garrison is still
alive is that Yost got the wrong guy.

If anyone should be motivated to put
Yost behind bars, it's Garrison.

What makes you think I was the
doctor at Hartigan's execution?

All of your stays at the Cardinal
Court coincide with executions.

And the prison
always picks up the tab.

CUTTER: Jamie Yost tried
to murder you.

If we can't prove that
in court, he goes free

and you're in danger.

He poses no threat
to me anymore.

Oh well, lucky you. I'm sure
that will be a great consolation

to Doctor Burns's children.

The professional consequences for
this doctor would be devastating

if his identity
was revealed.

Don't play the
reputation card, Doctor.

I understand
you're about to retire.

Why do think they have a shield law
in the first place, Mr. Cutter?

If the families of the other
men who have been executed...

Look, I don't intend to sleep
with a gun under my pillow.

MAHAFFEY: Why would
we make a deal?

The search of my client's
home yielded nothing.

You have no evidence that
he traveled to New York.

Then if he wasn't in New
York, what's his alibi?

Sorry. There's no legal
requirement that he offer one.

Ms. Mahaffey, I'm open to
discussing a plea to Man One.

After today, I won't be.

If I walk out that door...

You don't have Garrison,
do you?

I have more than I need
to put your client...

If you can't
establish a link

between my client and the doctor who died,
you have no motive to offer the jury.

That leaves you with a circumstantial
case, with no provable circumstances.

I don't care what the law
is in South Carolina.

I'm fully prepared to reveal what
Doctor Garrison does in his spare time.

You may be prepared to say
he's an executioner,

but you can't prove it,
can you?

I wasn't bluffing.
We'll subpoena the Warden,

the prison guards,
and Garrison on top of it.

South Carolina will move to
quash any subpoenas we issue.

CUTTER: So we'll litigate.

I'm not going to let another state's privacy
interests defeat a murder prosecution.

That'll take years.

Can I see a list of the
executions Doctor Garrison

allegedly performed
in South Carolina?

There was
a law review note

about death penalty appeals.

The Supreme Court...

Uh... Westlaw
might be faster.

Here it is.

Arrest Doctor Garrison.

For what?

Two counts of murder.

The murders of Moses LaSalle

and Levon Pennybaker.

LaSalle and Pennybaker were
executed by South Carolina

while their death penalty appeals were
still pending before the Supreme Court.

Because it takes four votes to grant an
appeal and five to stay an execution.

Doctor Garrison administered
lethal injections to these men

before their cases
had been exhausted.

But these so-called murders
occurred in South Carolina.

Doctor Garrison's license qualified
him to perform these executions.

So, this is about leveraging
Garrison to cooperate with us?

That's one interpretation.

Both these killers were given
legal death sentences.

They weren't legal until
the Supreme Court said so.

I'm sorry. I...

I don't know that I can defend
this against a motion to dismiss.

I'll defend it.

Arrest Garrison.

Please step back.
Make some room.

Move. Let's go.

Step outside, sir? We have
a warrant for your arrest.

Arrest for what?

The murder of Moses LaSalle
and Levon Pennybaker.

Murders? No, no. You...you...
You don't have to do this.

I'll come with you.

Sir, we don't have a choice.

But, please! Don't destroy
everything I've worked for.

Our D.A. wants cuffs.

(PEOPLE MURMURING)

I did nothing wrong.
This is a mistake.

I did nothing wrong.

We're moving to dismiss
these outrageous charges.

These two convicted murderers
were legally executed

by the state
of South Carolina.

JACK: Legally, Mr. Weller?

South Carolina killed these men
while their appeals were pending.

Then go arrest the Governor,

or the five Supreme Court judges
who wouldn't grant stays.

I would if I had jurisdiction.

The executions did occur
in another state, Mr. McCoy.

How do you have jurisdiction?

Doctor Garrison practiced
medicine in New York City.

He has a New York State
medical license.

But these executions
occurred 500 miles away.

They imported a doctor

becausethey couldn't find
one in their own state.

Like the mob bringing in
an out-of-town hit man.

New York has
a compelling interest

to see that its doctors don't
participate in these barbarities.

It's a slim thread,
but I like it.

You like it because
you agree with his politics.

That's right,
Mr. Weller.

And I'm not
dismissing the charges.

Next stop,
federal court.

I doubt a federal court
will get involved in this.

If I were you,
Mr. Weller,

I wouldn't put your client at
risk before a New York City jury.

You expect me
to plead guilty?

Testify at Yost's trial,
I'll make this go away.

Don't let him
blackmail you, Horace.

You've already been
outed, Doctor.

Do you really want the additional
notoriety of a murder trial?

I don't have any choice,
do I?

I'm impressed, Jack.
You really went out on a limb.

Just make sure
it was worth my while.

Now that we can
establish Yost's motive,

the defense is likely to try
something unconventional.

For instance?

Putting lethal injection on trial, an
appeal to the jury's political views.

That shouldn't be a problem.

Because, Lord knows, something
like that never works.

I met Warden Temple on the
golf course in Hilton Head.

We became friendly and one
day he asked for my help.

Help with what, Doctor?

They were about to carry
out a lethal injection

and they wanted a doctor
to monitor the procedure.

Why didn't he find
a doctor locally?

No physician would do it.

Why did you choose
to help him?

It was more humane than allowing some
poorly trained paramedic: to do it.

Did you preside over the execution of
Lionel Hartigan earlier this year?

I didn't preside.

I administered the chemicals
prescribed by law.

And the execution
went awry?

There was a problem with the injection
site and the procedure was compromised.

And are you aware whether Jamie
Yost was a witness to that?

Yes, he was.

You're an orthopedic surgeon
by trade, right, Doctor?

I don't perform
surgery anymore.

I was diagnosed with carpal
tunnel syndrome in 1996.

But that didn't stop you from
administering lethal injections?

Well, that's like, um...

Comparing making a paper
airplanes with building a 747.

Yet you went to South Carolina to
help them make paper airplanes.

They must have
treated you like real hero.

I didn't get paid a cent.

MAHAFFEY: But I'm sure they gave
you the respect and adulation

that you no longer
received as a surgeon.

And on top of that,
you got to play God.

Objection.
Sustained.

What went wrong during
Lionel Hartigan's execution?

During the IV drip, his
vein became infiltrated.

The poison chemicals leached into
tissue rather than his bloodstream?

That's correct.

A lump appeared
at the injection site.

He started convulsing andlapsed
into unconsciousness.

Was that before or after
the IV popped out of his arm

and the drugs sprayed
all over the death chamber,

in full view
of the witnesses?

Before. Then the curtain to
the witness room was closed.

Did you then try to continue to kill Mr.
Hartigan?

I told Warden Temple that to continue
we would need to go to an OR.

At that point,
he stopped the execution.

Were you disturbed
by what happened, Doctor?

Or embarrassed?

Of course.

It's not supposed to
go wrong like that.

Nothing further.

The People rest.

Approach?

My first witness will be
Doctor George Highgrove.

Lionel Hartigan's physician.

What's the offer of proof?

He'll testify about his
patient's medical condition

from the moment
the execution was botched.

I don't think that's
relevant to the case...

And during his testimony, I'll be introducing
Lionel Hartigan as an evidentiary exhibit.

Chambers. Now.

Hartigan's in
a vegetative state.

The sole purpose of
this is to inflame the jury.

The jury is entitled to experience what Mr.
Yost expefienced.

There must be a better way than
wheeling in a semi-comatose murderer

and introducing him
as Exhibit 23.

These executions
are shrouded in secrecy.

I'm entitled to convey
the horror of what happened.

To what end,
Ms. Mahaffey?

My client was traumatized
by what he witnessed.

His outburst against the man he
believed was Doctor Garrison

was triggered by
post-traumatic stress.

CUTTER: Then let's hear from
his doctor, not Hartigan's,

minus the freak show.

I'm allowing it.

Because it's admissible, or because
you oppose capital punishment, Judge?

JUDGE: Take your pick,
Mr. Cutter.

Politics got you this far.

It's coming in.
Let's go.

Mr. Hartigan's IV failed during the
administration of sodium thiopental.

But enough of it entered his bloodstream
to cause respiratory arrest.

His breathing stopped?

For four to five minutes.

It caused
anoxic brain damage.

Which means what?

His brain was
starved for oxygen.

He lapsed into
a vegetative state.

MAHAFFEY: Would this
have been painful, Doctor?

HIGHGROVE: Agonizing.

His muscles
would've started cramping

and his head would've felt
like it was going to explode.

And would this suffering
be visible to Mr. Yost?

The trembling that Mr.
Hartigan is experiencing now

is similar to what Mr. Yost would've
seen from the Witness Room.

But the convulsions would've been
much stronger, much more violent.

The man murdered children.

Seeing him like that
doesn't bother me.

Are you serious?

You may not have been
repelled, but I was.

And I'm sure some of
the jurors were too.

Which means they'll be
buying Yost's defense.

Well, he's taking the stand. It'll
give me the chance to go after him.

After he tells the jury how
his family was slaughtered.

Yost killed an innocent man
in ourjurisdiction.

No shades of gray
in this for you, Mike?

Nope.

Good.

Chris had the kids
for the night.

Hartigan broke into the house
looking for money to buy drugs.

He shot Chris
in the head.

Then he went
and finished off the babies.

How did you handle
this tragedy, Jamie?

I fell apart.

Chris was my only son,
and the little ones...

I waited nine years
for Hartigan

to get what he had
coming to him.

Did you attend
his execution?

Yes, ma'am. But it went
bad, just like they said.

How did that
make you feel?

(CLEARS THROAT)

Well, I expected to come out of there with
this weight lifted off of my shoulder,

but it just
made me angrier.

And then I had to watch Hartigan
turn into some kind of victim.

Messed me up.

MAHAFFEY: So what did you do?

YOST: Stayed drunk
most of the time.

Then, when I finally
got my head together,

I had all this hurt
building up inside of me.

So I thought if I could talk to the
man who messed up the execution,

I might be able to
get some peace.

What steps did you take
to find him?

Once I got his name I looked
him up on the Internet.

I saw he was going to be
at this medical conference.

So I decided just to go up there
and see if I can find him.

Find him
and do what, Jamie?

Get him to tell me
what went wrong.

And I guess
I wanted an apology.

When I told him who I was he acted like
he didn't know what I was talking about.

Then he got all nasty,
and said,

if I didn't get the F out of there
he was going to call security on me.

I grabbed the bottle, I kinda
snapped, and I smacked him with it.

I didn't know until the police
came a week later that...

That the man
wasn't Garrison.

So you drove

500 miles for an apology?

Yes, sir,
pretty much.

An apology for what you
saw in the death chamber

or an apology for what
happened to your family?

In my mind it was all
mixed up together.

Isn't revenge what you
really wanted, Mr. Yost?

You struck him at least
three or four times.

No, I just wanted
to talk to the man.

You were so consumed
with anger and rage

that you never realized you were
beating the wrong doctor to death?

I was angry 'cause Garrison
would not talk to me.

He wouldn't meet with me.

What do you mean?

Well, the first night I was in
New York City I... lwent and...

Left a note for him
with the hotel clerk.

I said my name and I gave
him my phone number.

He never called me back.

The clerk was sure
he got the message.

I waited two more days.
He just ignored me.

After everything that
happened to my family,

he couldn't make
one lousy phone call?

I'm sorry
that I killed that man.

Itruly am.

But if I would've known

it wasn't Garrison, none of
this would have happened.

The hotel clerk
seems to remember

an agitated man leaving a
note for Doctor Garrison.

And we didn't
know this before because...

When he talked
to the cops

he says that they wanted
information about Doctor Burns.

(SIGHS) We don't know if
Garrison ever got the note.

So, we're going to
have to recall him.

I don't know if
I want to do that.

If the jury hasn't taken pity on Yost
yet, this might push them over the edge.

Okay, then offer him Man One.

I don't want to
do that either.

Well, make a choice, Mike.

We can't go to verdict
and keep this thing a secret.

CUTTER: I'll ask you again,
Doctor Garrison,

did the desk clerk give
you a note from Mr. Yost?

Yes.

Yost wanted to
meet with me.

And instead of meeting
with the defendant,

you gave your room to Doctor Burns
and neglected to inform the hotel?

I had no idea
my life was in danger.

I was just trying
to protect my identity

and avoid an
unpleasant conversation.

Thank you.

So, at the end
of the day, sir,

Dr. Burns died because you wouldn't
have a word with my client?

I didn't know
this would happen.

I didn't
think it through.

MAHAFFEY: Lionel Hartigan was
supposed to pay for what he did.

He was supposed
to be executed,

and Jamie Yost was
finally going to get

some measure
of peace, of closure.

Instead, he witnessed
a horror show

that drove even hardened
professional guards into therapy.

Then he watched Hartigan become the
darling of the anti-death penalty crowd.

And when Jamie finally
reached out for answers,

he was snubbed, dismissed.

Is it any wonder
he snapped?

Dr. Burns didn't deserve to
be in harm's way that day.

That was Dr. Garrison's
doing, not Jamie's.

My client has
suffered enough.

Please end his
nightmare right here.

(CUTTER CLEARS THROAT)

I'm sorry for your
loss, Mr. Yost.

I can't imagine what
you've been through.

But it doesn't
justify what you did.

The defendant coolly and deliberately
tracked Dr. Garrison down,

filled with a rage he knew might
easily spark to violence.

This wasn't
post-traumatic stress.

This was athirst
for revenge,

the revenge he couldn't have
against Lionel Hartigan.

Now, we all saw what's left of Mr.
Hartigan in this courtroom.

Wasn't that enough
retribution?

Did killing
an innocent man

bring back the
defendant's family?

Or is it just
another wasted life?

Mr. Yost knows better than
anyone in this courtroom

the person responsible
for the pain and the sadness

inflicted on
Dr. Burns' family

should pay.

And pay dearly.

He wants a deal.

Not a chance.
Thejury's out.

I feel good about
my summation.

What would he take?

Man One. Ten years.

What about 15?

Will you excuse us
for a second?

What are you
doing, Connie?

Brokering a deal.

I'm not making a deal just because
you feel sorry for the guy.

Mike, we might lose.

I'll take that risk.

Even if we do win, do you really think
Paulsen's going to max him out?

Or is this just about you
and the death penalty?

Murder Two,
15 to life.

I'll take it.

On one condition.

Y'all got to
stop Garrison.

What happened to me...
I don't know.

It just ain't supposed
to happen like that.

It's a deal, Mr. Yost.

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