(male announcer) In the criminal justice system,
the people are represented by two separate
yet equally important groups--
the police who investigate crime
and the district attorneys who prosecute the offenders.
These are their stories.
Forget about stats, man.
I'm talking about heart.
And Peyton still comes out on top.
Do you even have the sports package, huh?
Eli pulls off miracles in the fourth quarter.
And what's he doing the other three?
Peyton kicks ass the whole game.
Peyton's the past, man.
Eli's the future. No one's talking to you.
I got nothing to do inside except read the sports page.
Yo, I said shut your damn mouth.
(Van Buren) Where's the other officer?
On a bus to city hospital. He's likely.
And the con?
In the wind.
Leon Vorgitch. A lifer from Green Haven
here on appeal.
Vorgitch.
How did he get a weapon?
Plastic shiv.
Slipped right past the metal detectors.
And we found this.
Handcuff key.
It's also plastic.
Where are we so far, Detective?
Got teams searching the area.
DCPI's getting his picture out to the media
with a tip line to call
if they spot him.
A lot of folks gonna remember this face.
It doesn't place.
He slaughtered five people in a burger joint in '97.
The Midtown Massacre?
That I remember.
I was working Narcotics around the corner at the time.
I was one of the first to respond.
I testified at his trial.
They put him on death row. (Green) Three times over,
but they changed the law before they got the needle in him.
This is the bastard that's supposed to be dead.
Leon's not coming to me.
He knows I won't help.
When's the last time you spoke with your son, Mrs. Vorgitch?
Eight years ago.
At the trial.
You two had a falling out?
He murdered five people.
Can you imagine knowing
you brought a monster into the world?
Has he been in contact with you?
I had my number blocked so he can't call.
If he sends letters, I send them back.
The last one was about a month ago.
I want him caught
as much as you do.
I never want to see him again.
Still, we're gonna assign a security detail
to keep an eye on you, all right?
As long as I can still get to my church and my doctor.
Yes, ma'am.
Thank you.
You should talk to his brother.
I won't let Carl
mention his name around me.
But I know they're still in touch.
Look, I visit him on birthdays and holidays.
That's it.
You mind if we check your cell phone?
It broke.
I'm checking it anyway.
And if I find out you're lying,
people are gonna be visiting you in prison.
So just do the right thing
and help us find your brother.
For what?
So you can gun him down in the street?
If Leon cooperates, he won't be harmed.
That's crap.
You guys tried to execute him.
I'm not gonna give you a second chance.
Look--You're gonna give us the names
of people that might be helping him,
or I swear to God, I will take you down.
Names! Come on!
All right. All right!
Jerry Malcolm.
He's our cousin.
He lives on 89th.
Dennis Vorgitch is our uncle.
He's in Brooklyn.
Uh...
Nick Lombardi.
A guy we used to run with. I think he's in Queens now.
You can try them.
Your list has Nikki Hale and Rex Mays
listed as Leon's ex-girlfriend and best friend.
He didn't mention either of 'em.
Yeah, we're gonna go see them next.
Fugitive Team's looking for a current on Mays,
but I'm pretty sure Nikki still lives at the same address.
Sorry, haven't seen Leon since he left me pregnant
and blew those people's heads off.
Well, we need to find him
before he does it again.
Is there some reason you're not letting us in?
The visitor's log from Green Haven
said that you saw Leon three months ago.
So?
So you just said you hadn't seen him since the massacre.
Guess I forgot.
I could see how a two-hour drive to a state prison
could slip your mind.
If there's anything else you forgot,
now would be a real good time to suddenly remember.
I haven't seen him.
Looks like you had a guest.
So I had a few beers. Is that a crime?
I didn't smell beer on your breath.
(Green) You think we playin' with you?
We can test those bottles for Leon's DNA.
If we find any, you go down for hindering prosecution.
And the murderer's son; he goes to child services.
[breaking glass]
(Cassady) Probably be better off in foster care anyway.
From the looks of things.
(Nikki) Please don't. Where's Leon?
I don't know.
He came by about two hours ago, okay?
But I told him to get out.
After you fed him and gave him a change of clothes?
What's he wearing now?
Gray hoodie, white shirt, jeans.
(Green) Where was he headed?
(Nikki) He didn't say.
Give me one reason to believe you.
Because I don't want to lose my kid.
Please.
The tip lines had 92 reports.
Only one of them has him in a gray hooded sweatshirt.
Where? Port Authority.
Anybody gets killed because you helped him,
kiss your kid good-bye.
We've checked every outgoing bus in the last two hours.
We're talking to personnel inside.
So far, no one remembers seeing him.
It's a sure bet he's trying to leave town.
Hey.
Detectives Green and Hannigan, this is Kelly.
She called in the tip.
How you doin'?
I work in the ER across the street.
I was on a smoke break when I saw him.
You sure this is the guy you saw?
Yeah.
His face is all over the TV.
How long ago? Took my break at 10:00.
So, like, an hour.
And what did he do? Did he go in the station?
I don't know.
He noticed me looking at him
and he walked away.
I'm sorry.
I wish I could tell you more.
No, it's okay. Thank you.
You got it?
So he doesn't hop a bus.
Where does he go from here?
We've got guys watching the subway.
And we've put word through TLC
for cabbies to keep an eye out.
Let's hope he's on foot.
That's an hour head start.
That's at least a five-mile radius.
We're on it.
All right, cool.
Detectives Green and Cassady, Homicide.
Nguyen, Fugitive.
Says he saw our guy.
How long ago?
[foreign language]
Barely speaks English.
But when I showed him the picture, he nodded.
You saw this guy?
[foreign language] Yes, yes.
When?
An hour--half.
All units, suspect spotted within the vicinity
of 46th and 8th
within the last 30 minutes.
Uptown. Headed uptown.
Thank you.
Leon's updated contact list
has a former cellmate living at 50th and 10th.
Get your ass over here!
Why you running, Pedro?
Why you chasing me, man?
Where's Vorgitch?
I got no idea, man.
Haven't seen him since I got out.
And I hope I never do. That dude's a psycho.
You're on parole, right?
Sheet says you're a meth-head.
Recovered meth-head.
I guess recovery's not going so hot.
Look yo, I can't go back, man.
Okay, I can help.
Just don't tell my PO.
So help.
Leon comes knocking on my door about an hour ago.
Looking to score a piece.
You gave him a weapon?
Hell no, man. I don't do guns, man.
But I had to give him something, right?
So I sent him to this guy Skinny to hook him up.
Where?
(man) Police! Search warrant!
Clear! Clear.
Body's still warm. Clear the building.
Get the Fugitive Team to lock down the whole area, okay?
We got a half a box of ammo.
45s.
All I got here is shotguns,
a 9-mil, and two 38s.
All units, suspect is now armed.
Repeat, Vorgitch has a gun.
With at least 25 Teflon rounds.
The dogs were unable to pick up Leon's scent?
The Fugitive Team's still searching,
but we've got witnesses in six different directions
that all said they saw him.
Where are we on the list of Leon's contacts?
We've questioned everyone
but an old best friend who moved to California.
We sent Leon's photo to their local P.D.
in case he shows.
So our escaped convict's back in the wind.
We got another D.O.A.
That makes the body count three.
What?
Officer Williams died in surgery.
(Green) I'm gonna ask you one more time,
where was Leon going?
Told you. He didn't say.
And I told you that wasn't good enough.
Now think!
Did he give you a clue as to where he might've been going?
What did he want with the gun?
Protect hisself against you guys.
Did he say that?
No, I'm guessing man. I don't know.
Nina, watch the door.
You already admitted that you helped him get that gun.
So when I'm done with you here,
I'm calling the D.A. in here.
He's gonna charge you with co-conspiracy
unless you tell me what I want to know.
I told you.
He didn't say where he was going
or what he wanted the gun for, man.
We hardly talked, man.
Did he want to buy anything else?
A car? A fake I.D.?
No, no, I swear, man.
Look, when I gave him Skinny's address he was--
Asked me if I had a phone book.
A phone book. Why?
He just asked. I said I didn't.
I gave him the address and he left.
And that's it.
What does Leon want with a Manhattan phone book?
Looking for a way out.
Car service or something.
That's assuming he's trying to skip town.
You think he's not?
If he's not looking for a ride,
he's looking for people.
Sticking around for revenge.
Explains the gun.
You don't go buy a .45 unless you mean business.
You know, I want a security detail
assigned to everyone who testified against him.
And that includes your family.
I'm way ahead of you there. They're upstate.
(Van Buren) All right.
So if this is the deal,
who's he going after?
My first guess would be Mia.
Mia Alvarez. I mean, if you ask me,
it was her testimony that got him the death sentence.
Go talk to her.
It went in here... and came out here.
The doctor said it was a miracle
it missed my carotid and jugular vein.
So you would've been...
Body number six.
It's good to see you again, Detective Green.
Thank you for sending people to look after me.
Don't worry, we're not gonna let him
get anywhere near you, okay?
(Cassady) Has Leon tried to contact you recently?
Not for a long time.
I know he used to mail threats.
Yeah, those pretty much stopped
once they decided not to execute him.
But you should talk to John Garvey.
Of all the victims' families, John fought hardest
to get Leon executed.
Yeah, I remember his speech at the sentencing.
Yeah, from what I hear,
he writes a letter every month.
"My son would've been 24 this month.
"You cut his life short.
"But Chris did more with his young life
"than you've done in your whole worthless existence.
"You're nothing. Vile.
A piece of crap not even a mother could love."
He ever write you back?
Lots of times. I burned the letters.
How about phone calls since he got out? I wish.
I pray that bastard comes looking for me.
And you can send the cops outside home.
I got this.
You got a permit for that? Of course.
Alls I'm saying is--
[phone ringing] Don't worry about me.
That son of a bitch comes looking for me,
he'll finally get that death sentence.
Nina-- We gotta go.
Fugitive team found Rex Mays.
The best friend?
Yeah, he wasn't in L.A.
He's squatting in his dead aunt's apartment in Harlem.
Sir-- Hey.
You get a shot at Vorgitch...
please take it.
(man) Police! Search warrant!
Clear.
(officer) All clear!
Nina, look.
(Cassady) Looks like Leon found his phone book.
Hospital listings.
There was an ER across the street
from the bus station where he was spotted.
Do you think he's hurt?
It's possible.
I'll star 6-9.
No dial tone.
I guess Rex doesn't pay to have a land line.
Look at this.
It's the box from a disposable cell.
The serial number should give us everything we need
to track his location. Good.
Leather jacket.
He's about to pass the blue car.
Pull up.
Here we go.
Hey, Rex. How's it goin'?
Don't move.
[sirens wail]
Hands on top of the car!
Legs spread! Come on!
How you been, Rex?
I know you?
We have a mutual friend.
He deleted his call history.
Where's Leon?
Who?
Not a good time to play dumb, Rex.
We've already been to your place.
You helped an escaped murderer.
That's a C felony--15 years.
Now, where the hell is he!?
We know he's out for revenge, Rex.
Who is he after?
I saw your rap sheet, man.
You ain't never done no hard time.
Now how long you think you're gonna last
in maximum security?
You had your chance.
Lock his ass up.
Wait, wait, wait!
Ain't about revenge.
His mom's got cancer.
She's dying?
Diagnosed last month.
She wouldn't come see him,
wouldn't talk to him on the phone.
So he busted out to say good-bye.
So he knows we're watching her place,
so he's trying to catch her at the doctor's?
Hospital.
She just started chemo.
Read him his rights.
You're still gonna charge me?
Oh, hell yeah.
Thanks.
Detail watching Delores Vorgitch
has her at Holy Cross Medical in Chelsea.
Excuse me.
Delores Vorgitch-- Which room?
245.
Down the hall on the right.
He was here? Yeah.
I swear to God...
I just went to the bathroom for, like, two minutes.
Okay, find any exit and keep your eyes open, okay?
Yeah.
What happened? [crying]
He just wanted me to forgive him.
And I wouldn't.
He called me a bitch and left through the window.
Take the back stairs.
We got the roof.
[bottles rattle]
Leon! Stop!
Damn it.
Leon!
Suspect has entered the school next to the hospital!
Repeat--Suspect has entered the school next to the hospital!
Proceed with extreme caution!
(man over radio) 10-4, all units.
Attention, all units.
Suspect has entered the school next to Holy Cross Medical.
Armed and considered extremely dangerous.
Proceed with caution.
[floorboard creaks]
Back the hell off!
Anybody makes a move on me,
they all die!
All units, pull back. Pull back.
Get everybody out of the building.
We have a hostage situation. Get away from me now!
Get over here.
(woman) Please, let them go!
(Vorgitch) Shut up, bitch!
(woman) You can keep me!
(Vorgitch) Shut your damn mouth! You wanna die?
(Vorgitch) Okay, everybody up against the wall now!
Do what he says.
(Vorgitch) Get down! You get down!
You. Get over here.
Get down in the corner.
You, get your ass up against the wall.
The next one of you little bitches makes a sound--
(Van Buren) Major Case says the hostage negotiator's
on her way.
Does she know that there's 15 kids in the room?
Yes, she knows.
Lieutenant!
Says his kid's in the room with the perp.
She texted him. She's getting sick.
Diabetic shock.
She said she's getting dizzy and confused.
She's going into shock. What's your name?
Rob Purcell. Her name is Megan.
If she can just get her medicine--
Mr. Purcell, we're doing everything possible
to make sure that happens.
(Vorgitch) I want all these cars out of here
or they die!
Pull all the units into the intersection
until the hostage team gets here.
I want all those guns away!
Get the hell off the street!
For now, we do like he says
until the team's in place.
[backfire]
What the hell was that?
[gunfire] [screaming]
Ah, God!
We're going in.
(Sergeant) Hands on the wall now!
Now!
We've got one apprehended.
Send an EMS. We've got four shot.
You can't shoot me.
I'm unarmed.
Why'd you have to shoot them?
Why not?
Get him out of here.
(clerk) Docket number 4-8-2-1-5.
People v. Leon Wayne Vorgitch.
Charges are eight counts of murder in the first degree;
escape in the first degree;
and criminal possession of a weapon in the second degree.
How does the defendant plead, Mister...
Kiss my ass. That's how I plead.
Control your client, counselor.
I'll do my best, Your Honor.
He pleads not guilty.
And since he's already serving three life sentences
for mass murder, bail's not an issue.
But which cell he's returned to is, Your Honor.
The defendant obtained the tools for his escape
while incarcerated at Green Haven.
People ask that corrections place him
in a federal supermax facility pending trial.
Mr. Edlund?
No objection, Your Honor. So ordered.
[gavel pounds]
You can lock me up wherever you want, bitch!
We're done. Get him out of here.
Lock me up wherever you want,
'cause that's all you can do!
And next time I get out,
I'm coming straight for you, bitch!
Get your hands off me.
Murder two on all eight charges.
(Vorgitch) Go to hell, McCoy.
Murder one, two, three.
What the hell's that even mean?
I want something real.
TV time.
Conjugal visits.
(McCoy) We're not here to offer perks, Mr. Vorgitch.
Want one of them flat screens.
That's my price.
Take it or leave it.
We'll leave it. Fine.
But every day I get on that bus and go to court
is another day I don't have to spend in here.
Another chance to escape.
Megan died before we reached the hospital.
It's been, uh, very hard on all of us.
Especially since Vorgitch
should've been executed years ago.
And that's what makes it not just a personal tragedy
for the Purcell family, but a moral outrage
for all of New York.
We have to fight for the families of the victims.
We need the death penalty.
And when I'm elected,
I will fight to bring it back.
Thank you ladies and gentlemen. Come on.
(reporter) Wait--
Didn't take Dena Carter long to make political hay.
While she's out campaigning for the death penalty,
what are we supposed to do without it?
Either we decline to prosecute Vorgitch
or we waste three months on a murder trial
with nothing at stake.
No trial for eight dead?
Two cops and four children.
We owe the families.
What we owe them is Vorgitch getting an arm full of poison.
Not an option right now.
Are we sure about that?
People v. La Valle, Arthur.
That case didn't strike down the entire law;
just the jury instruction.
There's still a guy on death row
whose judge gave a Constitutional instruction.
That case will be tied up in appeals
until the defendant dies of old age.
But if we can get our judge to give that same instruction,
then we've got a shot at
getting Vorgitch on death row.
At least then we've done everything we can do.
The Legislature's not gonna do anything.
I appreciate your ambition, Mr. McCoy,
but in light of the higher court's ruling,
I don't see how I can authorize a death penalty case.
Given the public outrage
surrounding this case, Your Honor,
I don't see how you can refuse.
The People get no justice
from a trial that delivers no real punishment.
So how do you plan to get around La Valle?
What if you issue
a different jury instruction?
One that addresses the court's bias concerns?
You want me to rewrite
New York's death penalty statute?
Just the jury instruction,
Your Honor, and a template already exists.
Judge Stephen Fisher's instruction
in the John Taylor case.
Judge Fisher's rewrite happened before
the death penalty was struck down.
The court in La Valle
declined to craft new instruction.
He's right, Mr. McCoy.
And fixing all this is the job of the Legislature.
They haven't been terribly responsive, have they?
The statute's been in limbo for two years.
No judge has the power to ignore the law, Your Honor.
You wouldn't be ignoring it. You'd actually be obeying it.
How's that?
La Valle states that you can't issue
the old deadlock instruction because it's biased.
And although the court declined to rewrite it,
there's nothing to stop you trying.
This is an issue that needs to be resolved, Your Honor.
If the Legislature won't do it,
it's on us.
You seek the death sentence,
I'll issue the new instruction, and we'll see what happens.
Your Honor--
I don't expect you to be happy, Mr. Edlund.
I expect you to appeal.
[gavel pounds]
Filed the papers this morning.
Get ready for round two.
A trial judge clearly does not have the authority
to issue her own private jury instruction
in a death penalty case.
She's not imposing it, counselor.
She's merely allowing the prosecution to seek it.
But Judge Desmond is ignoring
the deadlock instruction required by statute
and crafting her own.
She can't break the law in order to fix it.
But the law was already broken.
Precisely, Your Honor.
The status of the law is uncertain.
The People are simply asking
if New York has the death penalty or not.
And the answer is no.
Not under the current statute.
Now opposing counsel has exceeded his authority.
The power to answer that question
lies with the courts.
It's called judicial review.
This is judicial activism.
Watch yourself, counselor.
The Manhattan D.A. and Judge Desmond
are trying to circumvent the Legislature.
Despite La Valle, capital punishment
is still valid in this state.
And what's the point of having the death penalty
if we're afraid to use it on a man like Leon Vorgitch?
It is the opinion of this court that whenever possible,
the autonomy and authority of trial judges
must be upheld.
However, death is different.
A statute this important must be repaired
by a majority vote of the Legislature,
not some clever band-aid from a judge.
The defense's Article 78 Motion is granted.
Judge Desmond did exceed her authority.
You may not seek the death penalty, Mr. McCoy.
[pounds gavel]
(McCoy) I'll try to finish you out in a day,
but you've got a lot of heavy lifting.
The chase, the siege, the crime scene all on you.
Well, I'm here for whatever you need.
Wish I had an option.
Mr. Purcell, it's Connie Rubirosa again.
Please call me back regarding your testimony.
[gunfire]
Stay here.
(man) Gunfire! Shot fired!
(cop) Drop the weapon.
Put the gun down, man.
(man) 10-13. (Green) Down.
I don't wanna have to hurt you.
Put the gun down now.
(cop) Hands behind your head. Up against the wall.
Homicide. I got him.
He killed my little girl.
(McCoy) Man one, seven years.
Not a snowball's chance in hell.
It's a good offer, Ms. Carter.
If this goes to trial, your client will lose.
Come on. You forget that before I was a politician,
I was a damn good prosecutor.
You wouldn't be floating a deal here
if you thought you could win.
It's called mercy.
All of the evidence is on our side.
Your client
shot a man in full view
of two corrections officers and a security camera.
(Carter) Yes, and considering who he shot,
you're gonna have a hard time
convincing 12 jurors that he did something wrong.
I did exactly what you were trying to do.
Everyone agreed he should die.
I was seeking to have Vorgitch legally executed.
And I executed him.
How can you come after me for that?
Because New York doesn't have a do-it-yourself
death penalty, Mr. Purcell.
I don't care what the law says.
That's hardly a defense.
The stress of my client losing his daughter
and watching Vorgitch go unpunished
has clearly rendered him unable
to tell the difference between right and wrong.
This is our notice of intent to plead
not guilty by reason of mental defect.
Moral ambiguity does not equal
an insanity defense, Ms. Carter.
My client believes that shooting Leon Vorgitch
was the right thing to do.
And if you agree, why are you charging him?
And if not, that's a valid defense.
[chuckling]
It's just a platform to nullify.
They'll hear Vorgitch murdered Purcell's diabetic little girl,
and the law goes out the window.
Jurors aren't the only ones who find his story sympathetic.
Can't we just concede the insanity
and get him time in an institution?
Carter won't hear it.
She pounced on us like a bobcat.
Yeah, you can't walk in front of the courthouse
without seeing her in front of the cameras.
And meanwhile, Dr. Olivet examined Purcell.
She says he knew right from wrong
at the time of the shooting.
You get a second opinion?
And a third. They all say the same thing.
Well, Purcell doesn't deserve 20 to life.
But he doesn't deserve a walk either.
If we can't make a deal with Carter,
maybe we can make a deal with the jury.
(McCoy) The People ask that the jury
be allowed to consider
man two as a lesser included defense.
They can't make a case for murder,
and now they want a safety net.
It's unacceptable, Your Honor.
The safety net is for your client, Ms. Carter.
He doesn't need one.
There is more than enough evidence to prove murder two.
But in light of the mitigating circumstances,
the jury should have the option
to give the defendant three to six
instead of 20 to life.
They should have to make a choice.
Convict a grieving father of ridding the world
of a dangerous mass murderer,
or send Robert Purcell home a free man.
It is all or nothing,
Your Honor.
And you've discussed this with your client, Ms. Carter?
Absolutely.
(Judge Gordon) Well, then I don't see much choice here.
There's ample precedent supporting the defendant's right
to take his chances.
The jury may not consider man two.
It's murder two or an acquittal.
I'd like another meeting with your client.
To discuss what?
The fact that he's not getting the best advice from his lawyer.
I'm used to mudslinging on the campaign trail,
but, Jack, I expected better of you.
You're playing politics with your client's defense.
You are way off base.
How many scandals are chasing your campaign?
All part of the game.
You're down in the polls.
Defending Purcell is a publicity stunt and you know it.
Then drop the charges and deny me the bully pulpit.
Otherwise, I'll see you in court.
(Rubirosa) Maybe we should dismiss the murder charge
and go after Purcell for manslaughter instead.
It's a dangerous precedent, Connie.
He shot a man in cold blood on the courthouse steps.
We have no choice but to charge him with murder.
Even though we're practically begging him
to let us plead him out to manslaughter?
Yes.
Isn't that hypocritical?
I prefer to call it ironic.
The whole thing's a little convenient, don't you think?
What?
Purcell killing Vorgitch a month before the election.
Dena Carter catching the case.
What about it?
She's either very lucky or--
You think Dena's involved?
All I'm saying is I wouldn't be shocked
if there was more puppet-mastering going on
behind the scenes than we know about.
You have any proof?
No.
Then leave it alone.
And put all of my energy into burying Purcell
for doing exactly what every man in this city
wished he had the balls to do?
Yes.
(Carter) So when did you begin treating the defendant, Dr. Burnett?
(Burnett) Robert first came to see me shortly after
his daughter's death.
And what were his symptoms at that time?
Depression, post-traumatic stress.
He was just outside the school when his daughter was murdered.
He was contending with
profound feelings of powerlessness and loss.
So at that time, did you believe Robert
to be in danger to himself
or to others? No.
We were able to manage his condition
with medication and talk therapy.
He was making good progress.
So what happened?
He was informed that Leon Vorgitch
would be escaping the death penalty for a second time.
I believe that information caused him
to suffer a psychotic break.
Meaning?
He lost the ability to distinguish
between right and wrong.
So in your professional opinion,
Robert's mental breakdown
was caused not by the death of his daughter,
but by the state's failure to act?
Withdrawn.
When I heard they were gonna let him live,
I snapped.
I had a gun, which I bought years ago.
I dug it up, loaded it.
I got to the courthouse
just as Vorgitch's van pulled up.
He got out.
We locked eyes.
I shot him.
Rob, did you believe that you were committing a crime?
This wasn't murder.
It was justice.
I didn't do it because he stole from me
or because he cut me off in traffic.
I didn't even do it because he killed my daughter.
(Carter) Then why'd you do it, Rob?
Because he was just too dangerous.
If he had lived, I have no doubt
he would've killed again.
So you took action to prevent that from happening.
If the police couldn't, or the courts,
somebody had to do something.
Do you believe what you did was wrong?
12 jurors voted for the death penalty three times.
Even the district attorney
tried to make it happen.
All I did was carry out the will of the people.
The will of the people.
Mr. Purcell, do you understand
why you are in court here today?
Objection, Your Honor.
This is a trial, not a competency hearing.
Mr. Purcell has asserted an insanity defense.
The people have the right to probe his understanding
of his situation.
The witness will answer.
I'm here because I shot Leon Vorgitch.
Do you believe yourself to be an agent of the state?
Someone legally allowed
to carry out executions?
No.
So you understand that shooting Vorgitch was a crime.
I--I know it was illegal,
but I don't think it was a crime.
Murder is not a crime?
So there was nothing criminal about
what Vorgitch did to your daughter?
That was different.
He fired a gun.
You fired a gun.
What was the difference?
My daughter was innocent.
And that's why you shot him.
Because he murdered your innocent daughter.
No.
You shot him because it was the will of the people.
That's right.
You fired
three hollow-point bullets
into the chest of the man who murdered your daughter,
and you weren't even thinking about her?
Tell the truth, Mr. Purcell.
Was this justice or was it revenge?
You think I wanted to kill a man?
I have nightmares about this.
You have nightmares about it?
Yes.
So you do know that what you did was wrong.
Just because it was the most difficult thing I've had to do
doesn't make it wrong.
Leon Vorgitch deserved to die.
But you people wouldn't do it.
So I did.
He is dead.
That is all that matters.
Who cares what I was thinking?
Carter says her client
is still not willing to consider a deal.
Not when his lawyer tells him he'll walk.
He may have a chance.
I understand you beat him up pretty good on the stand.
I'd call it a draw.
Or is it wishful thinking?
He shouldn't be in that courtroom.
He should be waiting out three years somewhere.
You're plumbing the depths
of political cynicism, Jack, my boy.
Sadly, it's a deep well.
[knocking]
Purcell testified that he got to the courthouse
just as Leon pulled up.
But remanded defendants always arrive at 6:00 AM.
Vorgitch got there at 9:00.
His schedule was changed last minute
to ensure security.
Someone tipped him off.
I assume you're not here to make a campaign contribution.
Did you tell Robert Purcell what time Leon Vorgitch
would be arriving at the courthouse
the morning of the shooting?
I beg your pardon?
Did you know Purcell was planning to shoot Leon Vorgitch?
Of course not.
Convince me. Go to hell.
I know who you talked to at Corrections.
You were informed of Vorgitch's changed transportation.
Any conversations between my client
and myself are privileged.
And if Purcell had told me
that he had planned on killing Vorgitch,
I'm not obligated to report it.
Is the seat in Albany really worth 20 years
of a grieving father's life?
Come on, Jack.
I didn't do anything wrong.
If I had and you could prove it,
we'd both be in front of a judge right now, wouldn't we?
The only thing on my mind right now
is protecting the people of New York
from monsters like Vorgitch.
And protecting heroes like Robert Purcell
from heartless prosecutors like yourself.
Nine years ago, Leon Vorgitch heartlessly murdered
five innocent people at a restaurant.
Back then, the Legislature had a chance
to make sure that it never happened again,
but they failed.
They failed and he escaped.
And he went on to kill eight more innocent people.
And once again, the state has failed to act.
13 innocent people slaughtered
and our leaders are powerless to do anything
but lock him up and hope he never escapes again?
Ladies and gentlemen, the law did not protect
our society from Leon Vorgitch.
It couldn't even grant justice
to the families of his victims.
And when Robert Purcell heard that,
after hearing the shot
that killed his daughter...
he went insane.
Regardless of the law, regardless of the risks,
regardless of the countless witnesses,
Robert Purcell felt compelled
to make sure that Leon Vorgitch never killed again.
Ladies and gentlemen, the state wouldn't take action,
so Robert did.
Now does that make him a murderer?
That makes him a man mentally undone.
First by a heartless psychopath,
and second, by an uncaring system.
Ladies and gentlemen, that deserves your sympathy.
And also your vote of not guilty.
Vorgitch was a monster.
No one disputes that the world is a better place without him.
But this is not about who Robert Purcell murdered.
It's about the simple fact that he is a murderer.
Mr. Purcell is not insane.
He does not believe himself to be a judge,
a jury,
or an executioner.
And yet, by killing Leon Vorgitch,
he chose to act as all three.
He may have felt morally justified.
But still, he knew that what he did was wrong.
So the question before you is not,
"Did Vorgitch deserve to die?"
It's, "Did Robert Purcell have the right to kill him?"
And the answer is no.
Leon Vorgitch was a danger to our society.
But so is what the defense is asking of you today.
They want you to look the other way.
Even though Robert Purcell
ignored our system of justice,
took the law into his own hands,
and committed murder in cold blood,
they want you to give him a pass.
If you let Robert Purcell get away with murder,
just because you hate the man he shot,
you're telling everyone out there
that it's okay to kill
as long as the victim was a bad person.
Judges, juries-- Who needs them?
If you want to see insanity...
let this murderer go.
Has the jury reached a verdict?
We have, Your Honor.
(Judge Gordon) What say you?
On the sole count of the indictment
Murder in the Second Degree,
we find the defendant, Robert Henry Purcell,
guilty.
(Judge Gordon) Thank you for your service.
The jury's excused.
The defendant will be held in custody
pending sentencing.
[gavel pounds]
I'm not supposed to see you without my lawyer present.
Trial's over, Mr. Purcell.
You weren't a client.
You were a campaign slogan.
There's not much I can do about it in here.
Did Dena Carter tell you
when to intercept Vorgitch?
Judge Logan approved a sentence reduction
in exchange for Robert Purcell's testimony.
Down from 20 years to 10.
Eligible for parole in three.
What about Dena Carter?
Now that's justice.