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Law and Order focused on the "reality TV" craze this week, when Briscoe and Green investigate Wes Tatum's fatal fall from the roof of the building in which a "Big Brother" type show is being produced.

Discussion with the show's cast members indicates that Wes wasn't well liked due to conflicts with his on-air roommates. The investigation leads them to a friend of Wes by the name of Aaron. When questioned, Aaron states, "I think I should have a lawyer." However, instead of providing an attorney, the detectives continue questioning. This is a gray area, as the courts are split as to whether such a statement is specific enough to require that interrogation cease until an attorney is provided.

A review of the show's production records indicates that a cameraman worked 15 hours on the day that a fight took place, and hasn't been back to work since. When the detectives question him, he admits he taped the fight and turned the tape in to the post-production crew. Briscoe obtains a search warrant for the tape, and threatens to arrest the teenager working in the warehouse if he doesn't produce the tape. The historical reason for requiring search warrants as opposed to subpoenas in criminal cases is due to the fact that a defendant cannot be required to assist in the investigation against him. However, the fact that the teenager is unable to find the tape renders a Fourth Amendment challenge on this issue moot, as the producers suffered no actual prejudice because the kid couldn't find the tape.

Jack and Abbie seek an order to show cause as to why the tape was not produced. The defense attorney is very cagey about exactly whose interest he's representing, but finally admits the tape is lodged with the clerk of the civil court. His purported explanation for this behavior is that he felt he could not turn over the tape without incriminating his client. This is quite a tortured claim, as instrumentalities of a crime are not covered by privilege.

When the judge finally views the tape, it shows Wes fighting with Paul, his on-air roommate, with Wes then falling off of the roof. Paul's attorney seeks a plea bargain, stating that Wes made a dying declaration to Paul in which he said, "What did you do that for? Didn't you talk to him? It was an act." Investigation into this development discloses that the "him" Wes was referring to is Byron Stark, a Vice President of the network. Stark is represented by the same attorney who turned the tape into the civil court clerk's office. Since the producers were suspects at the time of the hearing, the attorney cannot properly represent Stark . This conflict of interest is solved when the producers fire the attorney, telling McCoy that their lawyer is not looking out for their interests.

Stark is charged with manslaughter, and Paul is the first prosecution witness. The defense objects to the dying declaration, arguing that there is insufficient evidence that Wes was in contemplation of death. The judge quickly overrules this, pointing out that Wes had just been pushed off a roof. This ruling was correct, as a dying declaration is an exception to the hearsay rule based on the belief that a person who believes he is dying will not be untruthful.

McCoy then calls a producer to the stand, who testifies that Stark was very involved with the show and had the final word on casting. She testified that she had not wanted either Wes or Paul on the show due to concerns that Paul would be unable to handle the stress, but she indicates that Stark believed it would make for good ratings if Paul was indeed unable to cope on the show. She further states that Stark had told Wes they needed "fireworks" for the sweeps, and had a list of possible altercations among the cast members. When asked on cross what the other possible altercations were, the producer listed non-violent examples.

Stark, an arrogant TV executive takes the stand in his defense and claims he wouldn't hurt or jeopardize cast members for ratings, and that he never instructed Wes to pick a fight on the roof. He states that he wanted the "fireworks" to come from the normal petty squabbles that roommates have. On cross-examination by McCoy, Stark admits that he didn't read Paul's psychological profile and concedes that the producers had wanted to act more cautiously.

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The next witness is a surprise: Jack puts a media consultant on the stand to testify about the research and advice that had been given to Stark. This is quite irregular, as the consultant should have been called during the prosecution's case in chief. This testimony is quite damaging; the witness testifies that the research indicated the viewers wanted an escalating conflict. Most damaging of all is his statement that Wes was overwhelmingly selected as the character that the audience would most prefer to see die.

After this testimony, Stark's lawyer quite wisely strikes a plea bargain with Jack in which the defendant will plead guilty to manslaughter in the second degree. Stark has a shocked expression when he's advised he should accept the deal, and continues to deny responsibility. Manipulating reality wasn't enough to get him off the hook.

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