Curfew

For the "Curfew" episode, this will give me a new challenge of writing out a major character. In this case Abby. I don't know how the actual departure will be, but I will attempt to make mine one which you can understand and fit in the L&O tradition.

This episode is based on the recent racial riots that occurred in Cincinnati. This is where police officers shot and killed an unarmed black teenager. Add to that the complaints from some of the police dept targeting minorities and killing them, you have the recipe for major trouble. It begins with a real life story from my hometown. My idea will also come from some of the best eps L&O has done before on race relations like "Out of the Half Light," "Conspiracy," and "Sanctuary."

Let me be upfront from the start in saying that Paul Robinette will make a guest appearance in the "Curfew" episode playing a defense attorney once again and this time as a major political power as well. I want to bring out his character and have that clash with everyone else, but particularly Abby since this is her swan song. Enough said. You'll have to read this post, which I will divide into two parts (the first being in this one and the second coming in a reply tomorrow). Here we go again for the last time in season 12.

The title again is "Curfew."

The cast:
Defense attorney for the black motorist: Paul Robinette.
The police officer accused of shooting a black teenager: The actor who played Fredo Parisi in "Poison Ivy."
Attorney for the officer: The attorney for the officers in "Black, White, and Blue."
The president of the Policemen's Union: George DiCenzo from "The Working Stiff" and "Barter."
Black community leader and Robinette supporter: Giancarlo Esposito from "Good Girl."
Police Officer who was run down: Brian Dallinger from "Brighton Beach Memoirs."
Black motorist who ran over the officer: The father of the threatened student by e-mail in "School Daze."
Trial Judge of the motorist: David Selby from "Falcon Crest."
Trial Judge of the police officer: Charles Durning from "The Judge."
The chief: Dan Lauria.
The mayor's representative who torments Nora: The same one as in "Sunday in the Park."

"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. Ching-ching."

Opening scene:
In a grill and bar in NYC, Lennie is having a party in his honor as he finally obtains the rank of sergeant. Van Buren and Ed are there along with the cops at the 27. Mikey and Rey came in, but left earlier. Everyone is having a great time. Lennie's other daughter is also there for support. Suddenly, the bartender gives Van Buren the phone. She gets word that a police officer was run down by a car as he was walking down the street on his beat. She asks for everyone to get to the scene.

At the scene, the officer has been taken to the hospital and is in pretty bad condition. But it appears he will survive. There are some broken bones and major injuries to his body. Lennie and Ed begin to question bystanders and witnesses. Some are able to give a description of the car, but none can make a good picture of the driver. Everyone agrees the car ran the officer and then sped off. "Great way to begin my new rank" says Lennie. "Don't worry, I had bad days too when I became sergeant." responds Van Buren. Go to opening credits.

Part I:
At the hospital, Lennie, Ed, and Van Buren question the doctors and EMS technicians about the officer’s condition. They say the officer suffered some broken ribs, bruises and cuts on the right leg and a concussion, which has him in a coma right now after falling headfirst. The officer is out cold and won't be able to respond for a few days.

Back at the 27, Van Buren organizes the squad to comb through that area and find any witnesses or evidence that might help find who ran over the officer. When she returns to her office, she is greeted by the chief (Lauria) once again and this time the officers' union president. They are very concerned about this and want to find a suspect soon. Lennie and Ed give the chief and the union boss the information which they do have. The union boss sets up a reward where any person with information that leads to capture and conviction of the suspect will get $25,000 in cash. The chief gives Van Buren more money and manpower to find this person.

Back on the streets, Lennie and Ed question some witnesses once again and come up with a better description of the car. It was a 1991 white Chrysler New Yorker driven by a black man. Some witnesses say he was traveling rather fast, but then slowed down while approaching the officer. Then one witness says the car stood there and jetted out again. Lennie asks if they know of anyone who might have that kind of car. No one knows but one person gives out the license plate number. Ed thanks him for this information.

At the local DMV office, the clerk gives Lennie and Ed a printout of the person who owns the car. They then drive over to the apartment where the man is living. He is about 50 years old, black, and is suffering from epilepsy. He had a violent episode while Lennie and Ed are questioning him, so they call an ambulance and rush him to the same hospital where the officer lies right now.

At the hospital, Lennie and Ed are greeted by Paul Robinette and the black community leader. They are concerned the detectives will question the man and then arrest him. Paul and the leader point out that in the past six months, 50 black motorists were stopped over for no apparent reason and then let go. Lennie tells Paul "We're not in Jersey, we don't do those kind of things. Besides, this man is being questioned since he was shaking and not due to being nervous." Paul is upset by this and declares that he will be present in representing the motorist in any future questioning. "Where will we be doing this?" asks Paul. "Depends on how your client survives the night, but we'll be there too." chimes Ed.

Part II:
The chief and the union boss are back at Van Buren's office to get some news. Van Buren tells them they have a suspect, but he is in the hospital also. They ask what is going on. When she tells them he has epilepsy, they are amazed as to how a man in that condition drive. They continue to pressure Van Buren to make this stick.

At the hospital, the driver is still in shock and is forced to a bed for the night. Meanwhile, Lennie and Ed go over to the officer's bed and are happy to see him recover and able to talk. The officer tells the detectives about a swerving car that was going out of control and about to hit either a house or someone. He tried to convince the driver to stop, but that didn't work and it was too late. When Lennie and Ed give him a description of the suspect, the officer says "Yeah, that's him, that's the guy!"

Back in the driver's hospital room, Paul is joined by the community leader and the black activist. They again spew about racial injustice and inequities. Ed wants to take a statement from the driver, but Paul says no since the driver is still in bad shape. Lennie then asks to speak to his personal doctor. Paul says no again due to privilege. Ed then tries to sweet talk Paul and play nice trying to convince his client to clear things up before it gets messy. Paul is not buying and is astonished that Ed would rush to judgment on one of his own. Ed retorts by saying his skin color has nothing to do with the investigation and that he and Lennie are simply trying to find the person who ran over an officer and left the scene. But Paul and the community leader knows that the brass is pushing this investigation and the union boss is taking a strong stand since he is up for re-election come next year. Paul puts his foot down and says his client will not answer any questions at this time. "I never knew you wanted it this way,” says Lennie. "Times and things change" retorts Paul.

In Abby's office, Abby is greeted by the union boss, the chief, Van Buren, Lennie, and Ed. They are convinced the epileptic man ran over the officer and want an arrest. They then talk about how Paul is stalling the investigation and how the motorist won't talk. Abby is considering arresting Paul for hindering prosecution, but doesn't since there is a slim chance of winning. She instead wants some more evidence, another witness to bolster the officer's claim. The phone rings and Abby gets it. It is an anonymous tip that says the motorist's car had some a cracked grill and headlight with some "red" on it. Abby gets a warrant for the car and tells Lennie and Ed to be ready to arrest the man at the hospital if needed. She asks Van Buren to stand by to see what forensics have to say.

The forensics report comes in. The red was the blood of the officer from his wounds. Abby tells Lennie and Ed to question the officer about his blood and then arrest the motorist. At the hospital, Lennie and Ed greet the officer and ask about his blood type. As the three are walking down the hall, the driver is about to wheel chaired out when they arrest him for attempted murder and other charges. Paul and the leader are furious and threaten to make noise. Outside the hospital, some cops stand outside cheering one of their own for recovering and for the motorist being hauled in handcuffs. Paul protests the handcuffs as a gross violation of his client’s medical condition. Ed says "We're just making sure he won't be behind the wheels of the car anymore."

Part III:
Nora has just completed her press conference where she announces that she will indeed run for DA in the upcoming election. When she gets back to her office, Jack and Abby tell her about the black driver hitting a white cop. Nora is concerned about this and asks if there is a strong case to go after the driver. Both Jack and Abby are certain, but Abby is more forceful about this. She says that even though the driver can claim incapacity due to his illness, he should have given up his license and not drive at all. When he went behind the wheel, he became responsible for whatever happened. Jack says that if they convict the man, Nora will solidify the police union support in the election. Nora counters by saying, "If we go gung ho on this, the black community will eat me up for breakfast. The question is which community do we tick off more and hope don't show up in the election, the blacks or the police." Jack says "As you told me one time, you've got to do your job as DA if you want to be elected DA." Jack gives Abby the opportunity to prosecute the case herself since she knows more about it.

In the trial, Abby puts on a strong case against the driver again claiming that he bears responsibility for whatever happened and shouldn't have driven in the first place. Paul puts on witnesses who say the man was driving over to his doctor and his condition was better compared to a few months ago when he had chronic seizures. He then suggests that no other suspects were mentioned since that particular police squad which the officer belonged to has had a bad reputation of arresting minorities at will and conducting racial profiling. Abby strongly objects to this and the two sides begin to argue with each other in court. The judge calms the matter down before it gets out of hand.

In the courtroom rotunda, Paul asks Abby about a deal for a reduced sentence. He says the man will plead to reckless endangerment and other misdemeanors and serve only one year in minimum-security prison. Abby is disgusted over this and rejects the offer entirely. Paul then accuses her of playing to the police union so that Nora can win their vote. Abby tersely says that the man almost killed an officer and could have faced the death penalty if he had died. Paul finishes the conversation by saying, "Better not wish for what you want. After letting Kobland's killer go in "Furtherance". People will be watching. So should Nora Lewin and everyone under her command."

The jury comes back and finds the driver guilty of attempted murder in the second degree along with other felonies. He could face 20 years in prison. The family and friends of the driver explode in rage and make a ruckus scene in the courtroom. Paul leaves quietly and stares at Abby in the eyes.

In Jack's office, Jack and Abby are talking about her victory in court earlier. Nora comes in almost pale as a ghost. She asks Jack to turn on the TV. On the TV screen the three see in horror some major riots and damage being done in Manhattan. They then see a house explode which supposedly belonged to a police officer. Police cars are burned and rolled upside down. The police try to calm the situation down using riot gear. The protests continue even though some black leaders have urged for peace. Jack then gets a call from Van Buren. An unarmed black teenager has been shot by a police officer. The mayor then comes on the TV and declares a state of emergency and a curfew in effect for the entire city for an indefinite period of time. Nora looks at Abby with a stunned face and quietly walks out of the room.

Part IV:
Paul and the community leader appear on TV the next morning to announce a few things. First, they plan to appeal the jury's verdict. Second, they appeal for calm in the black community and to end the rioting in the city even though they are upset with the verdict and the racial inequities which they see in the justice system. Finally, Paul makes a major announcement that he plans to run for DA himself and has the strong backing of the major minority groups along with a coalition of minority officers who feel they get left out of the system in terms of promotions and rank. When Nora sees this in her office, she says "Looks like I have a battle on my hands." She then asks if anything has been done about the police officer who shot the teenager. Abby says the case is going before the grand jury today. Abby then gets her notice of appeal from a messenger. Nora tells her to settle this matter and to have another talk with Paul about a deal. She adds if nothing works out to have him speak to her personally. Nora tells Jack to oversee the grand jury and to settle this matter with the patrolman. Finally she adds, "This DA will be just like what Paul Robinette wants me to be, tough and fair. We'll do this by the book. Even if it means throwing the book at someone or some group."

Jack presides over the grand jury as witnesses come before it to tell their version of events. The patrolman, who has close to 25 years on the job, feels some remorse over the death during the riot, but felt justified since the youth appeared to be fleeing from the arson scene and didn't stop when asked. Jack tells the grand jury to follow their conscience and the evidence and do the right thing. 30 minutes later, the grand jury indicts the patrolman of man 2 and smaller misdemeanors.

The PBA attorney along with the union president want this dropped or else they will threaten to hold their support for Nora. Jack asks if they are going to support Paul. The union president says no way since he and the community leader are only interested in making headlines and trouble. Jack responds "You do what you have to, but I'm going to do my job since I'm tired of wannabe politicians telling me and my boss how to do it." The president then says his union might consider endorsing Judge Feldman, who is considering a run for DA again.

In the appellate court, Abby and Paul argue over the constitutionality of the tactics which Abby used to get the driver arrested in the first place. This includes a slick maneuver of arguing the 4th amendment when the cops asked the officer about the blood but didn't take any from the man. Paul then also argues that since the trial judge didn't instruct the jury to take the man's medical condition into consideration, the verdict should be either vacated or reversed. Finally he says the anonymous tip is bad and should be excluded about the car's condition. The appellate court has heard enough and remands the case back to the trial judge with instructions.

In the judge's (Selby) chambers, he is shocked over being rebuked by the upper court. Instead of getting angry at them, he gets upset with how Abby conducted herself in the case. He throws out the tip and the officer's statement. Paul then asks for a dismissal and the judge grants the motion. He adds the disciplinary committee will be sent a transcript of these proceedings to see if either attorney should be censured or disbarred.

Outside of the judge's chambers, Paul and Abby are blaming each other for having to appear at the disciplinary committee. But Paul is more happy about it since he feels he will be exonerated. Abby is furious that Paul would use this case to promote his agenda in the upcoming election. Paul retorts that "I didn't start the fires which have burned in NYC, your bosses have allowed the justice system to run on autopilot and the hell with running anyone over. When I'm elected, there will be no more cruise control on the rights of minorities." Abby responds by strongly defending Adam, Jack, and Nora in how they have conducted themselves when prosecuting minorities. She then asks why hasn't Van Buren joined in your campaign to this point. Paul says she is in a tough spot since she will be alienating one side or the other if she chooses sides. "My job as DA will be to ensure everyone has a fair shot, not for some people to be randomly shot." says Paul. Abby just leaves and is greeted by Jack. He is about to go into the courtroom for the patrolman’s trial. Jack and Abby walk in together. Paul then comes in followed by Nora.

In the courtroom, Jack and the PBA attorney present their opening arguments about what happened on the night of the rioting. When they are done, they put forth their witnesses for both direct and cross. One person in particular was the radio person who heard some shots being fired after the patrolman walked out of the door and then walked back into the car. The PBA attorney argues the patrolman could have seen something in the nick of time and responded as any officer should have. The PBA attorney then brings in the partner who says there was chaos in the streets as people were fleeing from the bombing scene and running in either excitement or panic. When the black teenager was strolling on the street with no shirt on and smiling with some of his friends, the partner says that's when they became suspicious. Since it was dark, the patrolman thought the teen had a weapon hanging from his loose jeans pocket. When the patrolman told him to freeze, the teen kept his hands in his pocket. He then was going to pull his hands out and hence the patrolman had no choice but to shoot at him. When Jack crosses the partner, he points out that it would standard procedure for a suspect to stop everything, even if it meant keeping their hands in their pocket. The partner says yes, but reiterates the patrolman was justified in shooting the teen.

The jury deliberates for four days. They then find the patrolman not guilty of man 2. The black community is again outraged over this and causes a ruckus in the courtroom. The judge orders everyone out except for the DA's, the defense team, and the necessary officers. The jury continues by finding the patrolman not guilty of discharging a firearm and the other indictments from the grand jury. Paul tells Jack "See you at the disciplinary committee." Jack was subpoenaed by the committee.

At the disciplinary committee, both Abby and Paul testify before the panel about how they conducted themselves in the motorist/officer case. Paul insists he was not withholding evidence, nor hindering prosecution. He was only using the attorney/client privilege and exercising the doctor/patient privilege as his client instructed him to. When Abby takes the stand, she repeats her claim that Paul was usurping the law not for a search of the truth, but to find a situation which he could use to launch his campaign for DA. When grilled about her own conduct of going around the 4th amendment and relying on a flimsy tip to arrest the man, Abby says "I have always followed the lead of my supervisor Jack McCoy along with my ultimate bosses, Adam Schiff and Nora Lewin." She then tearfully says that "My only interest in being in the DA's office was to win cases on behalf of the victims of the violent offenders in society. I resent any implication that my only purpose was to help a particular person win office." When Jack takes the stand, he stands by Abby but acknowledges that the system isn't perfect and there are reasons why the black community feels suspicious. He goes on to say that Paul is a good attorney who wants to do the right thing, but an officer almost got killed because of an erratic driver who could have depended on others for his needs. "His pride got in the way and as a result, the city is torn apart from the riots and a black teen is dead. Is that any way to get justice? Or is it to get even?" says Jack.

Outside of the committee room, Jack and Paul meet. Jack is wondering what is the agenda and why would Paul use this situation to run for DA. Just like before, Paul says the criminal justice system is veering off into dangerous waters and says only he can bring the ship back to shore. Jack asks Paul "If you win, are you going to fire me? I thought all these years you and I have been the stewards who braved the winds and waves to seek a perfect calm." Paul just shuns the question and simply tells him "Best wishes to you."

Jack and Abby are summoned to Nora's office. Nora tells them the motorist and the patrolman have both sued the city and DA's office for malicious prosecution and civil rights violations. A messenger then comes in and hands something to Abby. She reads it and then sits down on the couch in tears. Jack reads to Nora that the committee has decided to censure Abby for gross misconduct detrimental to the rule of law. They have decided to suspend her license for six months. As for Paul, he got off clean. "That SOB lied to the committee, to the appellate court, and to the good people of this city just so that he can grab power for his people." cries out Abby. Nora asks Jack to leave the room so the two can be by themselves.

Nora sits down in at the couch where Abby is and tries to console her. Nora then quietly asks Abby to resign. "I need you to do this because it is the only way this office can move on and not have the city torn apart anymore.” says Nora. "No, you want me to resign so that Paul won't have a poster girl in his election and so you can win." responds Abby. Nora angrily says "That's not true young lady and you know it. I was there when you were in court and I was there at your disciplinary hearing, when you were crucified by some headline hungry politicians. Being angry inside will only spill more fuel out on the streets when what we need is to have everyone get the hoses out and douse the fire of hate." Nora goes on to say "I have talked to one of your former law professors at Texas and he says he needs someone to go back and teach narcotics and the law. He gave me this note to show his sincerity." When Abby reads the note she walks around the room and then hugs Nora tightly. Tearfully she tells her that she will resign the following morning and says to Nora "I hope you win this election because you are the most decent and caring person I have ever met, and because you don't allow politics to get in your way of seeking the truth and getting justice. When I get back to teaching in Austin, I will use you as an example of what a good lawyer should be." Nora is weeping now and quietly says "Good-bye Abby, I'll survive here."

As she walks out of the office, she goes by Jack's office and says goodbye to him as well by giving him a big hug. "Thank you for being the father figure that I missed down in Texas." says Abby. She then asks what he would do if Paul wins. "I don't know Abby," says Jack. "I've been too busy putting prison stripes on criminals all these years and not worrying whose name is on the DA's door. In any case, I think Paul will want to keep me since I have proven my ability to be a mean old SOB, but one can withstand another mean old SOB." Both then sit down and have a drink for old times sake. Jack then calls a local BBQ and orders big juicy ribs for both. They then play a song by Little Texas and dance to "God Bless Texas."

Executive Producer: Dick Wolf.



Hank74

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