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Guest Reviewed by Kerry Lawrence October 20, 1999
Hedging against the possibility of a seventh game of the N.L.C.S. between the Mets and the Braves, this week NBC aired one of the better episodes of Law & Order from last season. Although it took a while for the plot to get there, the story was based on an actual case in which a mother-son duo -- the Kimeses -- were alleged to have committed a slew of crimes, including homicides on the East and West coasts. Watching the rerun solidified my view that this year's Law & Order is less coherent and believable than in years past. While the producers and writers are obviously being pushed to explore new ideas and concepts, watching this episode reinforced how much better the show was last year. In addition to finding this year's story-lines less plausible, the most glaring difference is to be found in Detective Lennie Briscoe's partners. Seeing Detective Curtis again highlighted how ridiculous some of Detective Ed Green's techniques and approaches are. In the re-run that aired this week, the detectives respond to a shooting death in an alley around the corner from New York's Avery Fischer Hall. A tuxedo clad gentleman -- one Stuart Watman -- is shot to death during the intermission of a benefit concert. Detectives Briscoe and Curtis interview Lee Ann Crosby, Watman's date, who was also shot in the alley. According to Crosby, Watman had gone for a smoke and as she went to join him they were shot by a single assailant. According to Crosby, one of the bullets passed through her date and struck her in the arm. The detectives immediately suspect Watman may have been the victim of an attempted murder because nothing was stolen from either victim. They then learn Watman had been hired by Crosby as a "walker." "Walkers" are attractive men who act as escorts for single women. The relationships are pure show -- involving nothing beyond accompanying the women to social events. After speaking with their ballistics lab, the detectives learn Watman was actually standing behind Crosby in the alley, suggesting she might have been the intended target of the shooting. The probability that Crosby was the intended victim increases as they learn Watman had been asked to accompany Crosby to the concert only shortly before the event, such that no one could have known that he would be there. At this point, Crosby becomes very evasive in responding to any of the detectives' questions. As the investigation shifts to Crosby as the target of the gunman, the detectives learn she was recently widowed having been married to the owner of a maritime company who drowned in a swimming pool a few years earlier. Briscoe and Curtis find a witness who saw Crosby arguing with a young man at a local marina a few days before the shooting. Although the witness was unable to provide a detailed description of the young man, he could describe an unusual antique motorcycle. Briscoe and Curtis go to the N.Y.P.D. forensics unit that deals with cars and a technician types a few keystrokes into a computer and, voila, the owner of the bike is found. Not that I doubt the ability of a lab to identify the motorcycle but the lightening speed in which it was done seemed a bit farfetched. The owner of the motorcycle turns out to be a young man named Dennis Pollack. The detectives go to Pollack's residence and are greeted at the door by a fifty-something year old woman. The detectives inquire politely as to the whereabouts of her son and are advised that Dennis is in fact her (younger) husband. With the focus on Dennis, the detectives try to find the .357 magnum used in the shooting. In typical Law & Order fashion, they jeopardize their investigation by talking the maid at the Pollack residence into allowing them into the home to do a sweeping search for guns. Although they find a cache of weapons, the .357 magnum in question is not found. Good thing for Briscoe and Curtis because the search was not proper and anything found would have been suppressed. More investigating leads Briscoe and Curtis to learn that Lee Ann Crosby had stayed in a hotel in Saratoga Springs, New York, shortly after the shooting, and that a telephone call had been placed from the Pollack residence to her at about that time. The detectives also learn that a flight reservation to Saratoga Springs was made from the Pollack residence in the name of Alex Robson and that a package had been sent by the same Robson to Crosby's hotel. The package is located. In it is the .357 magnum used to shoot Watman. The police decide Pollack used the Robson name as an alias, and that he planned to travel to Saratoga Springs to make another attempt to kill Crosby. The articulated motive is that Crosby was going to spill the beans to Pollack's wife about her affair with him. Pollack is then arrested and charged with the Watman homicide and attempted murder of Crosby. Although it is a circumstantial case, the District Attorney's Office is willing to give it try. The judge assigned to the case, however, summarily dismisses the whole case. Assistant D.A. McCoy insists the case should have been allowed to go to the jury and that the judge was out of line in dismissing it. Being accustomed to having their cases thrown out for one reason or another, the detectives are sent back to find more evidence. By thoroughly reviewing bank, credit card, and telephone records the detectives learn that Alex Robson was the victim of fraud perpetrated by Pollack and Crosby and -- here it comes -- that Dennis Pollack is in fact Lee Ann Crosby's son. Moreover, they discover that both he and his mother have been suspects in a multitude of criminal cases ranging from fraud and larceny, to the death of the late Mr. Crosby. Dennis Pollack is re-arrested and charged again with Watman's death. Although the detectives' conduct and technique to this point of the investigation is not out of whack with reality, they proceed to do a post-arrest interview of Pollack in the presence of his wife Joyce. As a result, Pollack is not particularly forthcoming during the interview. For instance, when questioned about the fact that his wife Joyce nearly died as a result of a broken gas heater in their residence -- which co-incidentally occurred when Dennis Pollack was absent from the home -- Dennis does not have a lot to say. With things looking bleak for Dennis, he turns to the good old "abuse excuse." Not only does he say his mother taught him to lead a life of crime, but he also clams that she had an incestuous relationship with him dating back to when he was a teenager. The police department's forensic psychiatrist interviews Pollack and tells the prosecutors he doesn't buy the abuse story. I should note here that I spoke with a forensic psychologist who pointed out how rare cases of mother-son incest are (although they do exist). According to the psychologist, it is also unusual for an incestuous relationship to begin when a child is a teenager. The trial is progressing nicely until the prosecution's main witness, Lee Ann Crosby, who had originally denied any abuse of her son, completely crumbles during McCoy's direct examination and admits to abusing Dennis. This was without doubt the most ludicrous part of this episode. I recognize McCoy has to prepare for one of these complex, cutting edge, emotionally draining trials every single Wednesday, but the idea that he could have been so completely surprised by her testimony is pretty hard to swallow. His reaction to having her flip on him during her direct testimony is such that you would think he had never even met the witness before calling her to the stand. As a result of this turn of events the jury is left with no other option but to accept the "abuse excuse" defense and acquit Dennis. By the way, it turns out it was the wife, Joyce, who actually sent the gun to Saratoga Springs and was planing to off Lee Ann. The show ends with District Attorney Schiff consoling his Assistants by saying "it could have been worse -- she could have had twins." With rare exception, this episode was very realistic in both the investigative and trial stages. There was noting outlandish in the way the detectives put the case together. Again, going back to the contrast between last season and this one, I have to wonder how Detective Ed Green would have handled the investigation. If the first few episodes of this season are any indication, after learning Dennis was the victim of incest, Detective Green would have tried to take him aside and -- so as to bond with the suspect -- feign that he too had committed a bunch of crimes with his mother and had, moreover, been sleeping with her for several years. Perhaps Detective Green's investigative techniques will become more grounded in reality, as the season progresses -- not that there is anything wrong with creative, innovative investigative interviewing techniques. To date, however, Detective Green's performances have been surreal. Detective Curtis' style over the years -- while somewhat aggressive at times -- was more akin to that of a real detective. Oh well, Julia Roberts' gain is Law and Order's loss. Kerry Lawrence is a member of Plunkett & Jaffe, P.C., White Plains, New York, where he has started a criminal defense practice group. Prior to that, he was an Assistant United States Attorney in the Southern District of New York, having served for two years as the Deputy Assistant In Charge of the White Plains Branch. |
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