Extradition

 

This ep suggestion is modeled after the classic season 3 "Jurisdiction" and will focus in on Abby's past as a DA down in her home state of Texas. Notice that L&O has occasionally had episodes whereby a cast member had to deal with a incident from the past. "Censure," "Trophy," "Bad Faith," and "Corruption" comes to mind. In this ep, I will focus more on the "Order" side as I try to give Abby a character that will make you take more notice of her. It's a tall task, but here I go.

To begin, a superintendent goes in his apartment to collect a late rent payment from one of his tenants. When he gets upset, he opens the door and discovers the tenant is savagely murdered with a kitchen knife. He then tries to get some help from a neighbor, but when he opens the door, the female tenant is seriously raped and traumatized. Lennie and Ed begin to investigate and ask questions. Lennie quips that if the rent wasn't so high for a dump, they could have had some security guards or video cameras. Go to opening credits.

Now I should point out for the sake of time that Lennie and Ed conduct their usual first rate and thorough investigation as to who might be the perp or perps in this case. They question both the family of the knifed victim and the raped victim at the hospital. The ME does point out both the raped and knifed victim were cut with the same weapon.

Van Buren and some people in the squad room go through the police files to see anyone who might fit that description. Lennie and Ed do find a crazy homeless man who has a history of mental disease and was recently released from prison after pleading guilty to attacking a pedestrian. Even though he is still in another planet, it turns out he does have a strong alibi. But the super tells Lennie and Ed the homeless man has loitered around the building repeatedly and hassling the tenants for food or money. It seems he does this while the super is out tending to his other business, a grocery store.

The raped victim gains consciousness and begins to give Lennie and Ed a better description of the man. She swears it was only one person who committed both the rape and the murder.

Van Buren gets a call from Nora's office to visit her. Nora asks Van Buren if they have any leads on this case. Van Buren tells the DA's they are ready to do a stakeout on this perp. Abby begins to look at her computer to see if there are any fugitives out there who are dangerous and fits the description. Then back at the squad room, Van Buren gets a call from headquarters. At headquarters, the captain (Dan Lauria) tells Van Buren there was another incident in Queens whereby a man in his mid 20's was beaten, robbed, and stabbed to death last night. The police brass is putting this case on high priority and is asking the 27 and other precincts to work together in finding this man.

After some intense questioning of witnesses and by- standers and catching a break, the cops have pinpointed the place where the perp might strike next. Van Buren agrees to pose as a homeless woman since it is believed the perp likes to strike up a conversation with the homeless. It turns out the perp is a drifter who is not from the NYC area.

At this sting, Van Buren and the perp get acquainted. When the perp begins describing the rape and the murders, she begins to flee but not to raise suspicion. However, the perp gets nervous and flees himself. But a SWAT team comes in and nabs the perp.

In the interrogation room, Lennie and Ed do their song and dance. Both get a little rough on them, but not over the line. The perp's attorney then arrives and attempts to end the questioning on the grounds he is insane. Abby comes in and tells Van Buren the perp is originally from Texas and he escaped a prison five years ago whereby he was doing time for two murders and was waiting trial on another. When Lennie hears this he quips again, "Here's a rarity, a survivor of the George W. Bush correctional facility program."

In the "Order" part, Abby is ready to arraign the perp for rape and two counts of murder one. But then all of a sudden a Texan comes in and claims to be the DA of Travis County, Texas. He wants the proceedings postponed so that the perp can be extradited back to Texas. Abby obviously objects as does the perp's NY attorney. The judge delays the arraignment and schedules a hearing on what to do.

At Nora's office, Jack is furious that someone would just come in from out of the blue and take someone without NY getting a crack at the perp for his crimes. Nora tends to agree and says that the people of NY must have a chance to have justice done. Abby says it's not that easy. The papers filed by the Texas DA is that the perp should first stand trial for the murder charge that he was going to be tried on. She also points out the Texas DA was in a position similar to Jack back when she was a young ADA in Austin right after graduating from law school and he is good.

At the extradition hearing, the family of the Texas murdered victim comes over asking for justice. They have been waiting for five years for this day and don't want this delayed any further. Jack puts on the stand Van Buren and Lennie, forensic experts, and the NY victim's families. The Texas DA doesn't address the issue of what should happen once that trial is over. He doesn't seem to be interested in what happens to NY. The perp’s attorney then puts the perp on the stand. To everyone's surprise, the perp proclaims that he fled prison due to the overcrowding, violence inside, and torture which he and other inmates felt from the guards. The perp’s attorney argues insanity based on the abuse he felt in prison. He also argues that the perp committed these crimes as a reaction to lifelong abuse from his parents to his time in jail. He also argues that since the prison system in Texas is cruel and unusual, it would violate his client's 8th amendment rights. He brings up some experts on this issue. The judge rules that although Texas does have the right to extradite the perp to answer for the crimes down there, the NY victims must be given a chance to have their day in court.

Back in Nora's office, Abby is OK until Nora turns on the TV and finds the father of the Texas victim proclaiming that Abby as an ADA down there allowed the perp to be transferred to a better prison, but with less security, since there was a less tendency of violence within those walls. The Texas DA plans to appeal this matter to a federal court and crucify Abby in the press for being soft on criminals.

The same routine occurs in federal court. The Texas officials want the perp brought down to Texas, Jack wants the perp tried here in NY first. Abby is forced to take the stand and explain her actions in Texas. She regrets what happened to the victims down there and what occurred to the NY families. Since she was prosecuting the Texas case and the DA was at the time her boss, she wanted to make sure that no prisoner was unpunished, but that no one was beaten or attacked either. She decided to ask in an underhand way to have the perp transported to this other prison so as a way to stem off possible civil rights suits and other lawsuits the county and state must face. The Texas victim's father is upset and is removed from the courtroom.

At Nora's office, Nora is upset that Abby would undermine her former employer and begins to have doubts about her judgment. But Jack backs up Abby on this. He claims that what Abby did wasn't compassion for the criminals, rather a preemptive strike against further violence that could lead to deaths and violence. But Nora says that thanks to Abby's warm heart, three people are dead. A messenger comes in and serves Abby with papers. The families of the NY victims and the father of the Texas victim are suing her personally for $10,000,000 for negligence and prosecutorial misconduct. Nora quips, "So much for preventing lawsuits."

Meanwhile, back in federal court, the judge rules that the NY authorities have the right to try the perp and remands the case back to the NY courts. But the judge also rules that a special prosecutor be named to examine the Texas prison system to see if any civil rights violations have occurred. The Texas DA then storms out and contacts the attorney general of Texas for a possible appeal at the US Supreme Court.

Back in Rikers, the perp is beginning to get on Abby's nerves. She is upset that his story has caused her all this grief. Jack offers a deal whereby the perp pleads to murder one but not get the death penalty and serves life with no parole in Attica. Jack tells the perp and the attorney that Attica compared to Texas is like Miami Beach to Siberia. Jack also tells the perp that he must tell everything that went on in Texas to the US attorney for the deal to work. He does.

After the allocution hearing, the Texas DA is served with papers of his own. He personally and the state is being sued by the families of the inmates who did nothing wrong in prison but was attacked brutally since the prison officials did nothing. Also, the US attorney comes back to place a federal injunction on future prisoners being transported to this hellish prison in Texas until a through investigation is done. Abby smiles saying she still has some contacts down there and quips that while she doesn't have a soft spot for criminals, she has a cold heart for cold prosecutors. Jack smiles at this.

Cast of characters:
Perp-William Sanderson, he was Larry from "Newhart."
Perp's attorney-Charlie Meadow from "Wedded Bliss."
Father of the Texas victim-Barry Corbin from "Northern Exposure."
Texas DA- J.D. Cannon from "The Secret Sharers."
NY Judge-Judge Sally Goldman, played by the same actress in "Jurisdiction" and "Homesick."
Federal Judge-Laurie Kennedy.
US Attorney overseeing the Texas prison system-Chuck Rodman, Jaime's classmate.
 

Hank74

 

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