"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." "Nice trip, Mr. Grobman?" "Too short, Rudy." "Is there any mail?" "Oh, yes, sir." "And a package from the court." "Well, make sure my wife gets that when she comes up from the garage." "Oh, sure thing." "(GUNSHOTS)" "(TIRES SCREECHING)" "GROBMAN:" "Oh, my God!" "God!" "Call 911." "Call!" "Denise!" "Denise!" "All I saw, Judge Grobman was wounded, and that car was fishtailing out of here." "Brand new Jaguar XJR." "And did you see anybody hangin' around here before it happened?" "Nobody who didn't belong." "She's a nice lady." "She gonna be okay?" "I hope so." "Thanks for your help." "Which hospital?" "St. Marks." "Husband went with her in the ambulance." "Any witnesses?" "Not that we know of." "We got the car info from the doorman," "APB went out maybe seven minutes after shots were fired." "Okay, thanks." "Canvass the tenants and see if there's anybody we need to talk to." "Victim's Denise Grobman, civil court judge." "She and her husband have lived here for nine years and change." "Polite but not chatty." "Husband's an architect." "What do you got?" "Victim went down, here. .38's hers." "Two rounds fired." "ED:" "Civil court judge needs a gun?" "Maybe she hands out too much alimony." "You find the slugs?" "No." "Blood over here can't be hers." "She might've hit him two out of two, good shooting." "Fair." "Good would be him layin' here dead." "And over here, we have three cigarette butts." "ED:" "So, guy waited here for the first opportunity." "Fuse box is open." "Maybe it was an electrician working." "Maybe." "Dust it anyway." "Yeah." "No problem." "APB went out quick, if the car-jacker's got two gunshot wounds, how far can he get?" "I'm feelin' lucky." "Last time I got lucky was 1986." "It's all in the attitude, Lennie." "All I saw was Denise lying there bleeding, nothing else registered." "Where were you and your wife coming from?" "We have a cottage in Sag Harbor." "We'd been there a few days." "Notice anybody following' you?" "No." "Mr. Grobman?" "She came through surgery." "We won't have a prognosis until she stabilizes." "(CELL PHONE RINGING)" "DANA:" "Daddy?" "What are her injuries?" "She took two hits, one severed her lumbar spine, the other damaged her kidneys, we had to remove one of them." "Will we be able to talk to her?" "If she lives." "Give me your card." "Thanks." "Thanks." "Uniforms turned up a witness." "He was smokin' a cigarette." "The fuse box was open, I figure he working' on it." "What did he look like?" "Like a guy who'd be workin' on a fuse box." "And I don't think this is who shot the lady and stole her car." "ED:" "Why not?" "Well, if he wanted a car, he would have taken my Mercedes, wouldn't he?" "I leave the keys in the ignition." "Why?" "Well, I got tired of spending half my time trying to remember where I put them." "Thanks." "If he'd wanted just any car, he'd have taken the old man's Mercedes." "So you think Judge Grobman's Jag was stolen to order." "LaMotte's checking the MO." "Well, hospitals don't have any unaccounted for gunshot wounds that match our needs." "Did you get a description?" "Witness is in with the sketch artist." "Here's your possibles." "They specialize in high-end European cars to order." "So, in other words, if I wanted an XJR, and I didn't want to pay retail..." "Call one of these guys." "Check with the auto theft squad." "These guys have all got DMV clerks on the payroll." "Hard to catch them." "So the clerk puts the stolen car in the system under a different VIN number?" "Yeah." "Well, how do you figure out which ones are stolen?" "By wearing' out your shoe leather." "Okay." "I'm showin' 14 '99 XJRs registered since last Thursday." "Two private party sales, which is almost always how the stolen ones show up." "Well, who sold them?" "Seller's gonna be a phony if the car's hot." "Okay, then, who bought them?" "Got a Susan Robbinson, and a Matthew Carton, MD." "Six, two, four, one." "That's it." "It's the Judge's cars." "Hey." "And we have incoming." "What are you doing?" "Dr. Carton?" "Who wants to know?" "I didn't know it was stolen." "Is this the guy you bought it from." "No." "He was older." "One of these?" "You got no record, why do you wanna do this the hard way?" "Nice leather upholstery." "Cleans up pretty good, but not good enough." "What's that mean?" "Blood in the seams." "Do you read the papers?" "A New York state judge was shot over this car." "You can probably figure out what that means for you." "(SIGHS)" "I got a hundred thousand dollar med school debt." "I couldn't afford a decent car any other way." "How much did you pay for it?" "20k." "You could've gotten a perfectly good, legal car for half that much." "What, a Ford Escort?" "I'm a doctor for God's sake." "Which one?" "(EXHALES)" "Him." "Krasner." "I don't know a damn thing about any judge." "I sell used cars." "Yeah, the trouble is the people who were using 'em aren't finished with 'em yet." "Attempted murder, A1 felony, 15-to-life, or peddling stolen cars, a whole lot less." "Your choice." "Bobby Ward." "He came by middle of last week, said he had a line on an XJR, did I want it?" "He wanted 5k, I told him three." "Ha." "The doctor paid twenty." "Nice profit margin." "How'd Bobby Ward look?" "Five-ten, wiry..." "No, I mean, was he in pain, limping, bleeding." "Looked fine to me." "Where can we find him?" "Robert Ward." "Police." "Open up." "There's nobody home." "Get back." "Him and his girlfriend left this morning." "Get her back." "COP:" "Police." "Search Warrant." "COP 2:" "I got him, I got him." "BRISCOE:" "Ed." "In here." "COP 3:" "Clear!" "He's alive, get the paramedics." "One in the arm." "One in the belly." "Looks like the judge did hit him twice." "No gun." "Daniel K. Ward." "Visa receipt in the name of Arlene Pulaski." "I love it when they're stupid." "What the hell is this, man?" "One, two." "Hey, that's mine." "Must be six, seven hundred here." "Three grand goes pretty fast, huh?" "Well, well, well, what's this?" "Blood." "Wow." "Probably 10, 15 grand here." "Where'd you get it, Bobby?" "Bite me." "Go ahead, bite him." "I didn't steal the car." "I didn't shoot no judge." "Look, I wasn't even there." "You sold the car to Krasner." "He thought it was his cousin's car!" "Hey, the gun we took off of you's at the lab." "If it turns out it's the one that shot the judge, it's bye-bye, Bobby." "I told you, it's my cousin's gun." "The cousin you left to die." "Hey, I was gonna call that in, you know, when I got out of state." "Not that you asked, but he's in surgery." "Your story better match the one he tells when he comes to." "Where'd the bloody 14 grand come from?" "Possession and sale of stolen property." "No charges on the shooting or the car theft." "That's up to the D.A., you can take your chances if you want." "All right." "Danny said he has a line on an XJR," "I told him I got experience, he should let me rip it." "He said, no, it's a piece of cake, he just wanted me to help him turn it over." "So you talked to Krasner." "Yeah, Krasner tops out at 3 grand." "Danny said that's okay 'cause he got something in the works that's worth like, 10 times that." "ED:" "What was in the works?" "He wouldn't tell me." "Ten times three is 30,000." "We took almost 15 off of you, where's the rest of it?" "That's all he had on him." "What?" "You ripped a guy off for 15 grand and you didn't even ask him where rest of it was?" "Yeah." "He said he didn't have it yet." "Look, you want more than that, you're gonna have to talk to Danny." "We got a situation." "Looks like that big wad of money was some kind of down payment." "Half up front, half later." "Murder for hire?" "Well that's what it looks like." "We won't know for sure until we lean on Cousin Danny." "Well, you're gonna have to lean pretty far." "He just died on the operating table." "So we do it the hard way." "Who wanted Judge Grobman dead?" "Well, she sat on the criminal court bench for ten years before she moved over to civil." "And she'd just accepted a position at the Justice Department," "Assistant Attorney General for Civil Rights, due to move DC next month." "What's the connection to Danny Ward?" "Well, what we've got, Danny Ward had 14 jobs since high school." "Pizza delivery, air conditioner repair, pretzel vendor..." "I get the idea." "Arrested four times, penny-ante stuff, one conviction for disorderly conduct, probation." "Big step up from there to carjacking and attempted murder." "The gun we took from Cousin Bobby shot the judge." "Her gun shot the late Danny Ward." "It's Danny's blood on the money." "Okay, that's settled." "Let's move on to who hired him." "Had to be somebody who knew when they were comin' back from Long Island." "Well, assuming she didn't hire him herself, we know one other person who knew." "Start with him." "I don't know this man." "The name "Danny Ward" mean anything to you?" "No." "Do you really think that somebody hired him to shoot my wife?" "Yeah." "Somebody who knew when you and your wife were comin' back." "But nobody knew except Denise and me." "Oh, you don't think that I hired him?" "Who else knew when you'd be coming home?" "Well, we came back early, we were supposed to stay till Sunday." "But Denise's clerk called Thursday morning." "Something about a meeting she had to go to on Friday." "So you and the clerk knew, who else?" "Well, nobody that I know of." "You and your wife get along okay?" "Hey, it's our job to ask." "Yeah, well, you're way off base there." "We've been married twenty-seven years." "I've given her a painkiller." "You've got two minutes." "We'd like to talk to her alone." "I'm goin' in with you." "No, sir, you're not." "That's him." "You returned fire?" "Yes." "I don't remember anything else." "Forgive me, you and your husband have a good relationship?" "Why?" "It looks like someone hired this guy to shoot you." "Not my husband, not possible." "Anybody besides him and your clerk who knew you were comin' back to the city early?" "I can't remember." "BRISCOE:" "You did the driving?" "Walter wanted a nap." "At noon?" "Up late." "Why'd he get out before you drove into the garage?" "Not Walter." "Ridiculous." "Please, I need to rest." "ED:" "Your boss ever get any threats?" "All judges get threats." "The D.A.'s office checks them out." "They never found anything serious." "We'd like to check 'em out ourselves." "I'll get you the file." "What time did you call the judge?" "Around 9:30 that morning." "Were there ever any problems between the judge and her husband?" "Uh, he probably wishes she wouldn't work so hard." "Career comes first, huh?" "A tie for first." "They're a devoted couple." "Uh, did you tell anybody else that she was coming back early?" "I called her doorman to tell him" "I was messengering a packet to her." "Documents she needed for the conference on Friday." "The judge was a plaintiff in a civil action?" "Judge Grobman's president of a co-op board, they sued their management company a couple of years ago," "Marleton Realty." "ED:" "What for?" "They were extorting kickbacks from subcontractors and service companies." "They get ugly?" "Extremely." "The head of Marleton is not a nice man." "Greg Torino?" "Yes." "Torino even found a way to put the bite on other companies' delivery men." "This avenue look promising?" "Torino's a real piece of work." "Judge Grobman ripped him to shreds and almost put him out of business." "Where's that list of Danny Ward's jobs?" "He worked briefly for All-Kool Heating and Air." "Guess who did maintenance and repairs for Judge Grobman's building." "All-Kool." "There's the dot that connects Torino to Danny Ward." "It doesn't explain how Torino could've known the Grobmans were coming home early." "The doorman." "The judge's clerk told the doorman." "And he probably knows people at Marleton." "I didn't have a damn thing to with it." "I didn't tell anybody the Grobmans were coming back early." "It's a straight line from you, to Torino, to the shooter." "I got nothing to do with Torino!" "I'm the one who blew the whistle on him to the board." "Who got All-Kool this contract." "Torino?" "They were already here when Torino took over management." "They don't owe him anything." "And Torino put the bite on everybody except All-Kool?" "That's what I'm saying." "We're gonna leave Officer Johnson here to keep you company while we check on some things." "You can't leave a cop here." "It'll tone up the place." "Danny Ward didn't do any residential work, strictly commercial." "Here." "Here's his job list." "There's no Torino on any of these jobs?" "No." "I'd like to help you nail that son of a bitch but I don't see how he and Danny could have crossed paths." "How'd you get the maintenance contract to Judge Grobman's building?" "No idea." "I was a crew foreman then." "The owner back then must've known, but he's dead." "Would it be in those files?" "Maybe." "Yeah, we got recommended off a job we did at a Queens mini-mall." "Can you look up that job?" "Ha." "Here you go." "Well, well." "Look who designed the mini-mall." "Walter Grobman." "Did Danny Ward work on this project?" "Yeah." "I remember." "The design firm had a bad experience with another cooling company and they were all over Danny to make sure this job got done right." "Thanks for coming in, Mr. Grobman, we know things are tough right now." "Anything I can do." "Well, obviously we're tryin' to tie the shooter to someone who had a grudge against your wife." "Well, I don't see how I can help you there." "Well, we just wanted to make sure, now, you said you'd never seen this man, Danny Ward, before." "Is that right?" "Yes." "You sure about that?" "Yes, why?" "Because two years ago, you worked closely with him during the construction of the Crosstown mini-mall." "He installed the heat and the air." "No, no." "Not this guy." "That guy was heavier." "Well, this picture was taken two years ago." "His cousin says it's a good likeness." "Nah, I'm sorry, I don't recognize him." "Why don't you recognize the name?" "Well, I never knew his last name." "BRISCOE: (SIGHS) The owner of All-Kool says you left instructions for Danny almost every day, in envelopes with "Danny Ward" written on them." "Well, you know, it was two years ago." "Why was your wife driving' on Thursday?" "Because she wanted to." "She said you asked her to drive so you could take a nap." "Oh." "Maybe I did." "I don't remember." "Do you remember why you got out at the front entrance instead of going into the garage with her?" "Look, I didn't hire anybody." "Mr. Grobman, we talked to your doorman." "You and your wife went to your cottage 10, 12 times a year, this was the first time you ever got out in front of the building." "Yeah." "We went to the market." "We had grocery bags plus suitcases, why not let the doorman help?" "That your idea or your wife's?" "Keep in mind we're gonna ask her, too." "Look, My wife is lying in the hospital in excruciating pain, and you're accusing me of puttin' her there." "I don't have to listen to any more of this." "ED:" "We were thinking that this was just a coincidence, but you're doing a lousy job explaining it." "I don't have to explain anything." "Now get out of my way!" "Ed, Ed." "Mr. Grobman, you sure you don't want to clear this up?" "Excuse me, but I am on my way to visit my wife in the hospital!" "You're not going near her." "You're under arrest for attempted murder." "(SCOFFS)" "The People ask the defendant be remanded." "My client's wife is in the hospital unable to care for herself," "Mr. Grobman needs to be with her." "She's there because the defendant tried to have her killed." "He shouldn't be allowed near her." "This is an affidavit from Judge Denise Grobman, the victim in the case." "She gives him an alibi, Your Honor." ""Walter was with me when I learned we had to return to the city early"" ""and he was with me continuously thereafter."" ""He had no opportunity to arrange the incident."" "In other words, the D.A. has no case." "We ask that the defendant be ROR'd." "Ms. Carmichael?" "One million dollars." "That's ridiculous." "My client can't raise that." "He's a successful architect, Your Honor." "He's not Frank Gehry." "Most of the Grobman money is tied up in trusts from Mrs. Grobman's family." "What is accessible is earmarked for his wife's care." "Bail is set at $25000 dollars." "Did you read my affidavit, Ms. Carmichael?" "Yes." "Do you grasp the meaning of the word continuously?" "He was never out of your sight, your hearing?" "No." "Now, I'd like to be with my family." "You understand your husband knew the man who shot you." "He lied about why you were behind the wheel." "You call that evidence?" "My God." "Whoever arranged this shooting was someone who knew you were coming back to the city early." "I realize that you are doing your job, but please, it's absurd and if you insist on prosecuting my husband," "I will testify on his behalf!" "I want you to leave my parents alone." "Your father knew Danny Ward and lied about it." "He made a mistake." "Look, you have no idea what these past two weeks have been like." "My parents have a good marriage and my father did not do this." "Hey." "You guys." "Hey." "Hi, Dad." "Okay, now remember, we have to be quiet." "Grandma wants to see you, but she doesn't feel good." "Why didn't you ask Judge Grobman about the alibi before you arrested her husband?" "VAN BUREN:" "My detectives didn't want him loose." "You want it on your head if he kills her in the hospital?" "The Grobmans left Sag Harbor shortly after the judge heard from her clerk." "How did Mr. Grobman get it arranged so fast?" "Well, he probably already had it arranged for Sunday night, that's when they were originally scheduled to come home." "One phone call to rearrange the hit." "You have phone records from their cottage?" "We're on it." "JACK:" "Now the judge has set low bail you're right back where you didn't want to be." "I doubt that." "He'd have to be an idiot to kill her now." "So the arrest was pre-emptive?" "Come on, Lieutenant." "What's the problem?" "This man hired someone to blast his wife." "And I'll be glad to nail his hide to the wall." "If he did it." "If you bring me a case." "Fast." "We pulled the IUDs from the phone at the cottage and both their cell phones." "Nothin' that day on the cells and only one call from the cottage." "Who to?" "Listed under a D. Van Horn, 11:17 a.m., Sag Harbor." "An hour and a half after the clerk left the message." "Well, maybe Grobman called D. Van Horn, and D. Van Horn called Danny Ward." "Yeah, we should be so lucky." "VAN HORN:" "It was just after 11:15." "I just got back from the market but Walter didn't call Denise did." "What did she want?" "Oh, to apologize for last minute regrets." "They were supposed to stop by for drinks that afternoon." "Denise said it was an office thing." "She just found out." "Just then, at 11:15?" "Yes she had a message from her clerk." "I can't believe Walter had anything to do with this." "Why is that?" "Ah." "It just doesn't track." "I've known Denise her whole life and Walter for damn near 30 years." "Ever since he came back from California with her." "I mean they're the golden couple that everybody envies." "There are no problems between them?" "Well, they're not saints and they both have stressful careers, but nothing major." "What does "they're not saints" mean?" "Walter wasn't thrilled about the Justice Department appointment." "He didn't want to move to DC, but who would?" "Couldn't he design buildings from pretty much anywhere?" "I guess, but I think lately he's been tired of playing tag-along." "How so?" "We had a little reception about a month ago to celebrate Denise's appointment and Walter was introducing himself as Mr. Judge Denise Grobman." "You said you went to the market in Sag Harbor." "Yes." "Did you see Mr. Grobman in town?" "No." "But I drove past their house on the way back and Walter was in the side yard running water from the hose over his head." "I guess he'd been jogging." "Why do you say that?" "He had his jogging clothes on." "He runs every day." "Took it up a couple of months ago." "CARMICHAEL:" "Judge Grobman swore in her affidavit he never left the house at all that morning." "If he heard the message come through earlier..." "You think he went jogging and called Danny Ward along the way." "Briscoe and Green are pulling IUDs on pay phones he would've passed." "You run across anything that smells like a motive?" "As far as the cops can tell Grobman didn't gamble, he didn't play the field." "The insurance money and her estate go to the grandkids." "Still looking." "No, I don't think he tried to kill her." "But yes, I am breaking off our partnership." "You mind if I ask why?" "Walter's a really good architect but you have to consider the client's needs, and he's just not willing to do that anymore." "Well, isn't that part of the job?" "Thank you." "Client wants Colonial, Walter gives him 50 reasons why it should be Bauhaus." "Won't take no for an answer, client goes someplace else." "So do I, finally." "That's the Prager Prize, the Nobel Prize of architecture." "Walter won it as part of a team when he was starting out in LA." "That was 25 years ago." "Walter was a prodigy." "He never lived up to expectations?" "It's hard when you won't listen to the client." "He's a great guy in a lot of ways, it's just that he, I don't know, he needs to be right all the time." "Is that part of his relationship with his wife?" "It's part of who he is." "She never had a problem with it that I could see." "He had free rein on their new country house." "What new country house?" "They bought 20 acres in Dutchess County." "Walter was going to design their dream house." "How many country houses do they need?" "The one in Sag Harbor's Denise's, from her father." "This one was gonna be theirs." "Was?" "He gave it up." "Denise's job at the Justice Department?" "Eight days a week." "Walter said, what good's a dream house with nobody in it?" "Twenty-five years ago, he was an award-winning young architect, she was scrambling to pay her student loans." "Now the shoe's on the other foot." "He suddenly just had enough?" "The co-op's in her name, the cottage is in her name, his net income last year was half what she made." "Where'd he get the money to pay Danny Ward?" "He put a $20,000 deposit on the land upstate and got it back when they changed their minds." "(PHONE RINGING)" "And it was never re-deposited?" "Not in any of their accounts." "Carmichael." "You're sure?" "Thanks, Lennie." "Bingo." "Your clerk left a message at 9:30." "Mr. McCoy, this is all the same nonsense." "At 10:14, a call was made from a pay phone in Sag Harbor." "A call to Daniel Ward, the man who shot you." "Are you sure?" "CARMICHAEL:" "Yes." "At 11:00, your neighbor saw your father in the yard in his jogging clothes, cooling himself off with the hose." "Tell the nurse I need Demerol." "Now, Dana." "You have a witness who saw him use the phone?" "Not yet." "His prints on the keypad?" "We're running them now." "Isn't it obvious what happened?" "Someone was watching us, that person called Daniel Ward." "How did that person know you were going back to the city early?" "I don't want to hear this." "I can't." "Walter did not do this." "It's not possible." "Briscoe and Green have talked to practically everyone in Sag Harbor, no one saw Grobman use the pay phone." "Anybody see him jogging?" "About a dozen, but no one can remember what time or which day." "And there's nothing in Forensics?" "No smoking gun." "As long as his wife's giving him an alibi, this isn't going anywhere." "(PHONE RINGING)" "Carmichael." "Yes." "(SIGHING) Thank you." "Judge Grobman filed an application to terminate her treatment." "Her dialysis?" "She wants to die." "Bad time for an irrevocable decision." "Anytime's bad." "It's her life, only she can decide if it's worth living." "I'm not sure it should be up to her." "ADAM:" "Up to the proper court to consider her application." "Even then." "You have a moral objection?" "Yeah, I do." "CARMICHAEL:" "Have you forgotten your professional obligation?" "If for whatever reason she's not around to testify on her husband's behalf..." "That's pretty damn callous." "It's a civil matter, anyway we have no standing." "We do now." "Mr. Grobman's filed for a TRO to block his wife's application to terminate treatment." "Quick work." "JUDGE PONGRACIC:" "You want me to grant a TRO to stop Judge Grobman from terminating dialysis?" "In effect, her life." "Yeah, so she can testify for your client." "Isn't this a civil matter, Counselor?" "She's a witness, Judge." "You can preclude her from taking any action until after the trial." "That could take months." "In the meantime, my clients spends every minute of every day in unendurable pain." "I saw Mrs. Grobman on Wednesday, Your Honor, she's coping with her pain." "What, you're siding with the defense on this?" "Your Honor, this should be decided based on what is best for my client." "Somebody else's jurisdiction, Mr. Brizard." "Mine is protecting the integrity of the trial process." "Her testimony is absolutely crucial to my client's defense." "In that case, I'm gonna grant the TRO." "My client has asked me to propose an alternative." "Her testimony could be taken now, preserved on videotape for the jury." "Any objection?" "If we can tape her testimony we'll withdraw the application for the TRO." "You don't give a damn about anything but her testimony." "Your Honor, this is giving him exactly what he wants." "His wife dies and he gets away it." "That's enough, Ms. Carmichael." "Mr. McCoy?" "Your Honor, the D.A.'s office has concluded that" "Judge Grobman was mistaken in her affidavit." "I'd welcome the chance to cross examine her." "Are you saying she perjured herself?" "Denise Grobman?" "The word I used was mistaken." "This is an inconceivable situation." "Denise is a friend and a colleague." "But if her testimony is exculpatory, I don't have much choice." "Application for TRO is moot." "Witness to be examined at the earliest possible moment." "My husband never left the cottage that morning." "He didn't go for a run." "CLAYMORE:" "Where was he?" "Part of the time he was in the yard with me, and he spent an hour so going over blueprints." "Where?" "In the garage, there's a studio." "Would you have known if he had left?" "Yes." "Is the telephone answering machine in the garage?" "No, in the house." "Thank you." "No further questions." "Can you explain why your husband was in the yard at 11:00, in jogging clothes, running water over his head?" "It was a hot day, and he lives in his jogging clothes when we're at the cottage." "He worked up a sweat going over blueprints?" "DENISE:" "I guess so." "And he was so exhausted from looking at these blueprints, that he needed to take a nap in the car while you drove?" "He was tired, yes." "At noon?" "Yes." "I want to remind you, Judge Grobman that you not only took an oath today to tell the truth, you also took an oath 12 years ago when you were sworn in as a judge..." "Your Honor!" "...to uphold the laws of this state..." "Walter did not do this." "...and the rules of the court." "I'm tired, I'm in pain." "No matter how many different ways he approaches the question, the answer is the same." "My husband did not arrange the shooting." "He had no motive, he had no opportunity." "Why are you protecting him, Judge Grobman?" "You know he..." "JUDGE PONGRACIC:" "That's enough, Mr. McCoy." "Your cross-examination is over." "The witness is excused." "So I expect you'll dismiss the charges now." "Not a chance." "You're gonna drag this out?" "You don't give a damn about this family, do you?" "My motion to dismiss will be on your desk in the morning." "Now what?" "If she dies before we can shake her loose from her lies..." "Why is she doing this?" "Why is she covering for the man who turned her life into a living hell?" "Of course she knows, Mr. McCoy." "We both know that my dad tried to kill her." "Did she tell you that she knew?" "No." "She won't even admit it to herself but I can tell." "If she knows, why's she covering for him?" "Guilt." "Guilt?" "She can't take back who she is." "I'm sorry, I'm not following you." "My mom's career always came first." "And I don't mean that she neglected being a wife and a mother, she just never realized how my dad felt." "See, she was more successful then he was, she kept moving up" "and he just treads water." "They argued about it?" "He would shout that he gave up his dreams to move east with her, that she had it all and he had nothing." "JACK:" "What was your mother's reaction?" "Well, she thought that they supposed to be partners, that what was good for one, was good for both." "She didn't see a problem." "Do you want your father to be held accountable?" "You think your mother might change her mind about facing it?" "Isn't it obvious that she would rather die than face it?" "If she dies, it's over." "I've tried so hard to talk her out of wanting to die." "She still has her mind, and she has people who love her." "She's so depressed that she can't think straight." "Would you be willing to sign an affidavit about that?" "Yes." "You're challenging Judge Grobman's competency as a witness on what grounds?" "I have an affidavit from the Grobman's daughter stating that her mother is too depressed to think rationally." "Is she qualified to diagnose her mother's emotional state?" "Our psychiatrist, Dr. Skoda, is." "Your Honor, if you rule that my client isn't competent to testify, you collaterally damage her application to terminate her life." "Not necessarily." "Already the State Attorney General and the hospital are contesting my client's application." "Any ruling that puts her competency in question weakens our position." "My only concern can be this criminal case, I'm sorry." "You have my permission for Dr. Skoda to examine her." "DR. SKODA:" "It's not irrational to want to die?" "Not if you're in this condition." "Your condition is new." "How do know you won't change your mind?" "I'm not interested in any more questions." "If you don't convince me your decision is rational, you may lose control over your situation." "Look at me." "I'm not even in control of my bowels." "Can't you people leave me alone, let me die?" "I'm in pain every minute of every day." "I've spoken with your doctors, they say the pain is treatable." "It's all treatable." "A catheter, a colostomy bag, a dialysis machine, a wheelchair, a physical therapist, a lifetime supply of Demerol." "Would you want that?" "Will your husband take care of you?" "Yes." "I know people who are paraplegic, even quadriplegic, who lead vital, productive lives." "Would you like to meet them?" "I'm tired." "Can't you people just leave me alone?" "Can't you let me die?" "Is it her physical condition or her mental state that's driving her?" "I can't give a clean answer to that." "They're feeding off each other." "Is she competent?" "She's overwhelmed, depressed, confused." "Is that a no?" "My opinion, she's not capable of making a rational decision right now." "So we make it for her." "Riding this into the ground." "At first, I thought the cops were wrong, they weren't." "Walter Grobman hired someone to kill his wife, because he felt eclipsed." "He's destroyed her life for no good reason." "Why she's shielding him, I will never understand." "But I know my job, I'm gonna convict this narcissistic son of a bitch." "What about her?" "Her life is over whether she dies or not." "His conviction is the only thing we can salvage out of this mess." "If you have her declared incompetent to testify, no civil judge will let her pull the plug." "Then she'll be alive, not dead." "For a life she doesn't want." "Is this a thing that you decide for someone else?" "She's clinically depressed and in massive denial." "Her judgment is impaired by depression, pain, denial and drugs." "She's suicidal." "Thank you, Dr. Skoda." "If somebody came to you and told you they were thinking of committing suicide, you would treat them wouldn't, you?" "Yes." "If that's what they wanted." "Because your profession considers suicidal thoughts to be symptomatic of neurosis?" "DR. SKODA:" "Yes." "Can you foresee any circumstances in which a person could make a rational decision to end their life?" "Such decisions are always made under duress." "Aren't rational decisions often made under duress?" "Yes." "I suppose so." "As a medical doctor, do you support a patient's right to die?" "My personal beliefs..." "As a medical doctor." "Then, no." "I don't." "Thank you." "No more questions." "Judge Grobman, are you depressed?" "Of course I am, who wouldn't be?" "Can you articulate your reasons for wanting to terminate your life?" "I'm in constant pain," "I'm told it will never get better." "There's nothing the doctors can do to give me back my life." "I don't want to live like this." "Does your desire to die spring from your physical condition, or from the possibility it was your husband that did this to you?" "From my physical condition." "My husband did nothing." "Thanks." "You do understand that we're not here to decide your right to die, don't you?" "Of course I do, Mr. McCoy." "You want to prove I'm irrational so you can preclude my testimony on behalf of my husband." "You left the hospital three days ago, is that right?" "Yes." "Where are you staying?" "With my daughter and her family." "Why not with your husband?" "Because my daughter lost the coin toss." "Could you be responsive, please?" "My husband has a business to run." "My daughter doesn't." "Do you get nursing care at your daughter's?" "Yes." "Around the clock?" "Yes." "Why couldn't they do that just as well at your house?" "My daughter insisted I stay with her." "Did she say why?" "Judge Grobman?" "You've convinced her her father tried to kill me." "Do you understand that your husband knew the man who shot you?" "You say." "Do you understand that your husband was one of a very few people who knew that you were coming back to the city early?" "So what?" "Do you understand that your husband made the phone call that set up the shooting?" "I don't know that, and neither do you." "But you do understand that your husband resented for 25 years your accomplishments, your success." "We had a good marriage." "Did he say to you, more than once, that if he hadn't knuckled under to what you wanted he'd have gotten the recognition that he deserved?" "He didn't mean it the way it sounds." "How did he mean it?" "Why do you hammer and hammer at this?" "Can't you see it's my fault?" "(CRYING) Please, please leave Walter alone." "I've loved him for more than half my life." "Everything is my fault." "When is this over?" "When is this over?" "Lisa, please make them stop." "Let me die." "(DENISE CRYING)" "All right, Mr. McCoy, I think that's enough." "(DENISE SOBBING)" "JUDGE PONGRACIC:" "This has been a difficult decision to make." "I was asked to render an opinion that affects, however indirectly," "Denise Grobman's control over her own destiny." "I know my ruling here may well affect the outcome of her application for termination of life support." "I am devastated by that responsibility." "That being said, it is the determination of the court that Denise Grobman is not competent to give testimony in the matter of the People v. Walter Grobman." "(GAVEL BANGS)" "Notice of intent to appeal, application to Judge Pongracic to reconsider." "What goes on inside you when you look at your wife?" "Knowing that you did it for nothing." "Knowing she'd rather die than acknowledge it was you." "We're not pleading, Mr. McCoy." "Why the hell didn't you just divorce her?" "Was the wound to your ego so big that she had to die?" "I want it over." "Walter..." "I want it over!" "I did it!" "I did it!" "I killed her." "I did it!" "Walter, shut up!" "I did it!" "I can't take it anymore." "I want it over!" "Attempted murder one, 25-to-life." "We'll take our chances at trial." "No, what about my wife?" "You have fixed it so that she can't win her application, she'll be like..." "she'll be like that..." "She'll..." "Civil court won't get word of Judge Pongracic's decision for weeks." "It can all be over before then." "We won't oppose her application." "Knock it down to attempted murder two." "No." "For God sake, McCoy, toss us a bone." "In 25 years, when Mr. Grobman comes up for parole, the D.A.'s office won't oppose it." "(EXHALING)" "Denise Grobman passed away an hour ago." "Was her husband with her?" "Yes." "I hope he takes that image with him to prison."