Arrest and Trial
In writing this episode I was putting forward the question of, could a deadly disease for which no treatment exists be used as a murder weapon? Remember, this script was written before any medications at all existed for AIDS. This is a question of law, and the laws had not been written at that time concerning this issue, and for the most part they still haven't been written. I left it up to the viewer, or in this case the reader, to come up with their own verdict, and left Chris and Mary Beth frustrated in the end. I have to admit that I did this because I couldn't figure it out myself.
CAGNEY AND LACEY
"Arrest and trial"
Written by John M. Riggle
April 8, 1987
Sharon Gless, Tyne Daly
Coleman (Harvey Atkin); Michael Lacey (Troy Slaten);
Harvey Lacey (John Karlen); Harvey Lacey Jr. (Tony LaTorre);
Victor Isbecki (Martin Kove); Donna LaMarr (Carol Cook);
Charlie Cagney (Dick 0' Neil); David (Steven Macht);
Tony Stantinopolous (Barry Sattels)
Salesgirl; Man (floorwalker); Kelley Smith(Girl perpetrator);
Anders; Man (customer on street); Bailiff; Judge Patricia Azios
Dr. Fuad; Adams; Blond hair; Black hair;Brown hair
INTERIORS: Department Store; 14th precinct squadroom; Lacey kitchen; The Jane; Assistant Prosecutor's office; Chris's loft; Court Room
EXTERIORS: New York sidewalk; 14th precinct Parking bay; New York sidewalk #2; 8th Ave.; Court House
Chronology: Scenes 1-9 (Day); Scene 10 (Evening); Scenes 11-14 (Day); Scene 15 (Evening): Scenes 16-34 (Day)
Cagney and Lacey
"Arrest and trial"
ON Cagney and Lacey at the glove counter. A salesgirl is behind the counter.
This red pair will match my shoes and belt.
Do you have a scarf to match ?
I believe so. Let me look.
The salesgirl walks away.
Red shoes, red gloves, and a red scarf too.
This must be some really special place
David's taking you to.
His Niece is getting married. That doesn't
come along every day. Especially since he
only has one niece and no nephews.
I guess that's special enough to call
for a new outfit.
The salesgirl returns with a sheer red scarf.
Will this do ?
Perfect. Write it all up and put it on
my credit card.
She hands her credit card to the salesgirl. Lacey looks around as the girl writes and Cagney signs. Lacey spots a girl shoplifter, who looks like a prostitute, and Lacey watches her intently and silently.
Let's go, Mary Beth.
Wait. I've spotted a shoplifter. Let's
follow her and arrest her.
Cagney turns to follow Lacey's gaze.
ON the girl shoplifter. She slips a cheap pair of plastic earrings into her purse and wanders off unconcernedly.
She's just lifting a few cheap plastic things.
Let's leave her to the store detective.
He's not around. I was reading in the paper
a couple of days ago that stores have to charge
from ten to fifteen percent extra for everything
because of shoplifters. I want to take her in.
O.K., if you insist. But you can do
the paperwork. I have to wash my hair.
The girl leaves the store with Cagney and Lacey following.
Cagney and Lacey come up on both sides of the girl and take her by the arms.
Hey, what is this.
Cagney shows her badge.
You're busted for shoplifting. Let's
go back into the store.
You have the right to remain silent,
And I hope you do.
O.K., O.K. Lets get this over with so
I can get back to work.
They take her into the store.
Cagney and Lacey enter with the girl in tow. They go to a man who seems to be a floorwalker for the store.
I'm Sgt. Cagney and that's Det. Lacey
over there. We just caught Little-Bo-Peep
here filling her pockets and leaving without
bothering to pay for anything.
It's the policy of this store to prosecute ALL
shoplifters, so just take her in and lock her up.
You got it. Let's go, girlie.
They turn and take her out to the street again.
A black and white patrol car is waiting for the light. They go to it, open the back door, and put the girl inside. Lacey gets in with her. She shows her badge to the uniformed officers in the front seat.
Det. Lacey. Just drop us at the 14th
See you tomorrow, Mary Beth.
The patrol car pulls away, leaving Cagney standing there.
EXTERIOR-l4th PRECINCT PARKING BAY-DAY
The patrol car pulls up and the uniform officers help Mary Beth take the girl inside.
The officers help Lacey put the girl into a holding cell, then leave. Lacey sits down at her desk and puts a form in her typewriter.
Hurry it up so I can make bail and
go to work.
Keep your panties on girlie. You can make
bail as soon as I take this paperwork to the judge.
I don't wear panties. I don't like
I bet you don't. Not to mention taking
them off and putting them on ten times
a day. You got a name ?
And how many other names you got ?
Look it up. You got the records.
I bet I have. Date of birth ?
Sep. 4, 1964.
Parker Hotel, room 411.
Lacey continues typing up the charge sheet. Finally, she finishes and pulls it from the typewriter, and gets up.
O.K. I'll take this downstairs and a uniform
will take you over to court. You should be
on the street again in a couple of hours, and
on your back workin' soon after that.
No, it's not funny, it's sad. I get
tired of lockin' up punks like you.
I could be spendin' my time workin'
on something important. Do us both
a favor. Clean up your act.
EXTERIOR-14TH PRECINCT PARKING BAY-DAY-ESTABLISHING
ON Cagney and Lacey at their desks. Coleman approaches with his hands full of papers.
Here's the medical report on that prostitute
you arrested yesterday for shopliftin'.
He hands the papers to Lacey.
Medical report ?
Sure, they always do that on known prostitutes
every time they get arrested.
So what's this one got ?
She gets up and comes around to Lacey's desk, picks up the report and starts reading it.
Look at this, Mary Beth. She's had AIDS
for at least four years.
I wonder how many men she's given, it to,
and how many women they've given it to.
Everyone is eating supper but Mary Beth is just picking at her food.
You gotta eat more than that, Babe.
Come on, dig in.
I don't seem to have much appetite tonight
Mom. We all know when you lose your
appetite it means something at work is
really bothering you.
Yeah mom, tell us what's wrong.
I can't. But I'll discuss it later with
with your father. He can tell you.
I can't think of anything I can tell
these boys that you can't.
I really can't talk about this.
Come on, mom. You know you'll feel better
if you do. We can handle it.
Harvey, I just can't.
You got to get it out, Mary Beth, before
it hurts you any more.
Well.....I guess you'll all find out someday.
I guess you might as well hear it from me.
A couple of days ago I arrested a girl for
shoplifting. Later I found out she's a prostitute.
For the last four years she has had AIDS. For
four years she's been giving AIDS to all her
customers. They're all gonna die. They trusted
her and they're all gonna die. I gotta find some
way to stop her, and I don't know how. She's
a typhoid Mary and I can't find a law to
use to stop her.
All those men are gonna die ? Just from
It's worse than that. The men don't know
they have it and they're giving it to other
women. The women are giving it to other
men, and God only knows where it may
go or how to stop it.
Didn't any of them use condoms ?
Maybe some did. But not very many.
Passing out death. I can't think of a
meaner thing to do.
And the poor guys don't even know she's
I won't lie to you, Mary Beth. A couple of
times I thought about goin' to a prostitute.
But I never did. I never saw any real harm
in it. Now I'm glad I never did. I could
never forgive myself if I brought death
home and gave it to you.
AIDS worries me too, mom. I can't ask every
girl I know to take a blood test to prove she
don't have AIDS. All I can do is keep my
pants on and hope for the best.
Keepin' your pants on is the best, son.
Yeah, but some girls go around tellin'
everybody they think I'm gay.
Pay no attention to them. Better to let them
say anything they want. Words won't kill
you. AIDS will.
I didn't know you guys understood so well.
Course we do, mom. We weren't born
So how do you think I should stop this
girl from what she's doin'?
If she's passin' out death, isn't that
the same as murder ?
No, Harvey, they don't die till years
What difference does that make ? They
still die because of what she did. She
killed them just the same.
It's not the same. At least I don't think
it's the same.
Out of the mouths of babes sometimes comes
wisdom far beyond their years.
I guess I'll have to check it out with
the D.A.s office. Maybe it is the same.
END OF ACT ONE
EXTERIOR-14TH PRECINCT PARKING BAY-DAY-ESTABLISHING
ON Chris at her desk as Mary Beth enters, lost in thought. she crosses woodenly to the sign-in board and signs in. She then goes to her desk and sits down. Chris is talking during this.
Hi Mary Beth....After I left you at the Department
store yesterday I decided to really indulge myself....
I went and got my hair done got a manicure,,,
and even got a pedicure....How do you like it ?
Mary Beth??....MARY BETH??
I've been talking to you.
O.K. What ever you say.
I asked you how you like my new hairdo.
Oh. .... Here it is.
Lacey picks up a file folder from her desk and hands it to Cagney. Cagney takes it and lays it on her desk, and just stares at Lacey. Isbecki approaches Lace's desk.
Hey, Lacey. Samuels said to tell you it's time
for you to go by the pistol range and requalify.
No thanks, Victor. I'll get some coffee
Isbecki looks at her with a puzzled look.
She's in another world today, Victor.
What do you suppose brought this on ?
She's your partner. You wake her up,
and don't forget to tell her about
I'll take care of it.
Isbecki leaves as Cagney gets up. Cagney goes around to Lacey's desk. she takes Lacey by the arm and pulls.
Cagney leads Lacey into the Jane.
Cagney enters with Lacey in tow. She takes her to the sink.
Try a little cold water in your face.
Maybe that'll wake you up.
What're you talking about ? I'm awake.
Oh ? What did I tell you when you first
came in this morning ?
You asked me for the Davidson file, and
I gave it to you.
And what did Isbecki ask you ?
He asked if I'd like him to get me some
coffee. I told him later.
Wrong on all counts. I asked how you like
my new hairdo, and Isbecki told you
Samuels wants you to requalify on the
Yeah. I've seen you like this before.
start, talking. What's bothering you ?
Lacey looks in the mirror, then paces back and forth.
MARY BETH YOU START TALKING RIGHT NOW!!
It's that girl I arrested for shoplifting. I
talked it over with Harvey and the boys,
and the boys think we should arrest her
Murder ? How do they figure that ?
They say she's killing her customers
by giving them AIDS.
Well, she is. But they have to die before
we could charge her with killing them.
I don't know. I suppose you're right, but
how else can we stop her from spreading AIDS ?
I think AIDS is a sort of living death, but I
don't think the law has any way for us to do
anything. We could discuss it with the D.A.'s
I was hopin' you'd say that. Lets do it. Maybe
there's a way we don't know about.
INTERIOR-AN OFFICE OF AN ASSISTANT PROSECUTOR-DAY
Cagney and Lacey are seated in front of a desk. A man enters and sits behind the desk.
Good morning, ladies. I'm assistant prosecutor
Anders. What can I do for you today ?
I'm Sgt. Cagney, and this is Det. Lacey. A
few days ago we arrested a shoplifter.
She turned out to be a prostitute and she
has AIDS. She's giving it to all her customers.
That's one of the main ways it's spread.
Yes, sir. We know that. I discussed it
with my husband and two sons. My sons
feel she's killing her customers and we
should be able to arrest her for murder.
How do you expect to prove that with
all her customers still alive ?
I don't know. We thought you might be
able to figure out a way.
I see. Well, I'll have to discuss it with the
District Attorney, and the other assistants.
If we can figure out a way I'll let you know
and you can pick her up.
Cagney and Lacey rise to leave.
Fine, sir. we'll expect to hear from
you soon, one way or the other.
Chris, Charlie Cagney, Donna, David, and Tony are sitting around.
Everybody got a full cup of coffee?
They all answer in the affirmative.
Good, we can get started. Mary Beth and
I have a problem. I want to get all the ideas
I can from all of you.
What's what this is all about ? You
want help from all of us ?
What ever it is, you can count on us.
Just tell us the problem.
We have a prostitute who has AIDS. She
knows she has it, and she keeps on working
as a prostitute, giving it to all her customers.
We arrested her for shoplifting, and vice has
arrested her several times for prostitution, but
we can't keep her off the street. Mary Beth
thinks maybe we could charge her with murder
for giving a deadly disease to her customers. That's it.
A deadly disease for a murder weapon.
But none of the victims is dead, perhaps
after one or more of them die you might
have enough evidence for a conviction,
but the prostitute had the disease longer
than any of the victims so she will die
before they do.
I asked Tony to be here because AIDS is
basically a disease of gay men.
No it's not. Anybody can get AIDS.
But gay men get it more than anybody else.
No they don't. AIDS is a disease that men
can get from men or women. Women can
get it from men or women. It only requires
intimate sexual contact.
So how do guys like you protect yourselves ?
The only way we can is to have no relations
with any partners we can't trust with our lives.
Guys who go to prostitutes never think
Can't you be safe if you use condoms ?
Only 90%. And what about women with
women ? What can they use ? And what
about intravenous drug abusers ? What can
they use? The blood supply has been cleaned
up so hemophiliacs don't have much to worry
about, and surgery patients don't have to
worry, but that's all.
You mean to tell us any one of us could already
have AIDS, and be spreading it, and not even know ??
I'm afraid so. Even if you have a blood test
it might not show up for several months after you get it.
Talk about your walking time bombs.
That's a bad enough problem, but the
problem Chris has is a woman who
KNOWS she has it and is spreading it.
It's like she's selling death disguised as sex.
It's a terrible thing to sell, but is it a violation
of the law ? Nobody forces her customers to
come to her to get it.
That's true, but the question is not if she
is giving them a deadly disease, it's if
she's violating the law and committing
murder by doing it.
If she told them she was going to give them
AIDS and they would die, how many
customers do you think she would have ?
I guess I can't really help you, Chrissy.
I never heard of a murder case where the
victim is still alive, and is likely to
outlive the killer.
It seems so strange to me to be talking
about human lives like they are some sort of
commodity. Like you could go into a store
and buy five pounds of potatoes, a bunch
of carrots, and four human lives, please.
That's an awfully cold way of saying
it, but essentially correct.
Looks to me like the only thing you can
do is to leave it up to a jury.
It's an unexplored area of the law. I hope
I never have to defend a client like that.
END OF ACT TWO
ON Cagney and Lacey at their desks. Cagney's phone rings.
Sgt. Cagney, 14th precinct.
INTERIOR-PROSECUTOR ANDERS' OFFICE-DAY
Anders is on the phone with Cagney.
We've discussed that case of the prostitute
with AIDS. We've decided to give it a try
as a test case. Pick her up.
On Cagney, on the phone.
Yes sir. We'll get right on it....
Yes sir....Good bye sir.
Cagney hangs up the phone, and looks at Lacey.
Let's pick up our prostitute.
I'm with you, my partner.
The rise and start out.
EXTERIOR-NEW YORK STREET-DAY
ON Cagney and Lacey as they question a group of four young prostitutes.
Girls, I'm Sgt. Cagney, and this is Det. Lacey.
We aren't here to arrest any of you.
All we want is some information. Have any of
you girls seen a prostitute lately who calls
herself Kelly Smith ?
I haven't seen her since last week.
I saw her yesterday in Times Square.
I saw her there too, but that's not the area
she usually works. She likes it on 8th Ave.
by Madison Square Garden.
That's where I saw her. She was in the
I hope you all have a nice day.
Every day's like every other in this
Cagney and Lacey are wandering around looking for the girl.
Still no sign of her, and I'm getting
tired of looking.
I'm tired too, and my feet hurt.
Wherever she is, I guess she's tired
too. It's a lot of work spreading
AIDS. She has to wander up and down
the street for who knows how many
hours between customers.
She's probably got a bunch of regulars,
and they know how to find her when
they want her.
I wonder how many of them know
they're buying death from her.
I wonder how many of them we can get
to testify. Most of them are probably married.
I hadn't thought of that. If we're going to
get a conviction we're going to need as
many witnesses as possible.
There she is, going into that hotel
with a man.
She'll be out in a few minutes. You
follow her and I'll take the man.
I'll bet she won't go far, and she'll
be back soon.
On Cagney and Lacey looking over their shoulders.
There they are. The girl goes one way and
the man goes the other.
I got him.
CAGNEY follows the girl and Lacey follows the man. CAMERA follows Lacey. She crosses the street and heads off the man just after he turns the corner.
What is it ?
Lacey shows her badge.
I'm Det. Lacey. I observed you going in
and coming out of that hotel with a
So what ?
Did she tell you she has an active case
of AIDS ?
WHAT ?? AIDS??
Yes. If you had sexual relations with her she
probably gave it to you. We need for you to
have a blood test for AIDS and if you have it,
we need you to testify in court.
I'll get a blood test, but I won't testify.
My wife would never understand. She'd
leave me in an instant.
If you take AIDS home and give it to her,
do you think she'll understand that ?
I guess I'll just have to cross that
bridge when I come to it.
If you've been one of her "regulars" for
more than a year, you're going to come
to it soon. Maybe sooner than you think.
Look. Here's my card. Call me in a week
or so and maybe I'll reconsider.
The man walks off down the street leaving Lacey holding his card in her hand and looking after him. Lacey turns and goes back across the street to where she and Cagney first spotted the girl and her customer.
EXTERIOR-NEW YORK STREET-DAY
ON the hotel entrance looking over Cagney and Lacey's shoulders. The girl is entering with another customer.
That makes number ten. How many did
you get to agree to testify ?
Only two so far. The others all said they
were afraid of what might happen if their
wives found out.
Why do they go to a prostitute in the
first place when they have a wife.?
Beats me. I'll never understand why anyone
would take such chances. Gambling their
own life away is bad enough, but gambling
away their wife's life as well......
Lets pack it in for today and just jail her
when she comes out.
Sounds good to me.
EXTERIOR-14TH PRECINCT PARKING BAY-DAY-ESTABLISHING
ON Cagney and Lacey at their desks. Coleman approaches Cagney's desk.
Here's those medical reports on the
AIDS blood tests for those guys.
He lays a manila envelope on Chris's desk and moves off. She sits staring at it for a couple of beats.
Aren't you gonna look at the reports ?
I was thinking. All those who checked
negative are safe, but we can't use them.
All those who checked positive, we can
use, but they're walking dead men. I don't
know what I'd rather find.
Waiting won't change anything. you might
as well open it.
Cagney looks resigned to the inevitable, picks up the envelope, opens it, and removes the contents.
Jamison, negative. Bergdorf, negative.
Adams, positive. Clinkscale, negative.
Bullis, negative. Scalise, negative.
Mahoney, negative....Looks like Mr. Adams
is the odd man out.
Only one. It may not be enough to get
a conviction, but we'll have to go with it.
Lets get busy calling the others.
END OF ACT THREE
The defendant, Kelly Smith, and her councilor are seated and the prosecutor, Mr. Anders, is seated. Mr. Adams is seated in the audience in the first row, leaving room in the first row on the aisle for Cagney and Lacey. Cagney and Lacey enter and sit down.
ON Cagney and Lacey. Cagney looks over at the defendant and discovers that the defense council is David Keeler.
What the hell are you doing here?
The court appointed me, and I couldn't
get out of it.
Well, this is one case you're going
I have to do my best, win or lose.
Cagney just looks daggers at him, as
the judge enters.
All rise......Be seated. The 145th district
court of the state of New York is now in
session, Honorable Judge Patricia Azios
Call the first case.
The State of New York Vs. Kelley Smith.
The charge is that between Jan. 15, 1985,
and Aug. 15, 1987, Kelly Smith did communicate
and transfer to Mr. Jason Adams the deadly
disease AIDS. It is further charged that she did
know at the time she did so that she did know
that she was doing so and that it would cause
the death of Mr. Jason Adams. This is therefore
premeditated murder in the first degree.
In all cases of persons charged with capitol
offenses the court is required by law to enter
a plea of not guilty for the defendant.
Mr Anders, you may proceed for the prosecution.
Call Det. Lacey.
Det. Lacey to the stand.
ON Lacey in the witness chair.
Would you describe the first time you
arrested the defendant, please ?
Yes sir. MY partner and I were in Klien's
Department store to buy some new gloves
for my partner. While she was charging them
on her credit card, I looked around and saw
Miss Smith putting some items in her purse.
I knew she was shoplifting, so my partner
and I followed her. We observed her leaving
the store without paying for these items. We
arrested her for shoplifting.
You didn't arrest her for prostitution ?
No sir. It was shoplifting. I went to the precinct
station with her and filled out the arrest report.
A uniform officer took her to court and she posted
bond. She was released only a few hours after
we arrested her.
What happened the next morning ?
We received a medical report on the defendant.
We found out that it is standard procedure to
give medical examinations to all known prostitutes
whenever they enter jail. This was done while she
was in jail waiting to go to court to have bond set.
We received the report the next morning after
Miss Smith had already been released from custody.
At this time I would like to interrupt
the testimony of Det. Lacey and call
Dr. Fuad, who made the medical examination
of the defendant.
Dr. Fuad to the stand.
ON Dr. Fuad in the witness chair.
Dr., Would you describe your duties,
I am the physician who examines all persons
entering the jail system as mines.
You have examined the defendant ?
Did you examine her in Jan of 1983 ?
What did you find ?
I found her to be an intravenous drug abuser.
I found her to be under the influence of Heroin.
I also found her to have AIDS. Previous to that
time I had treated her for syphilis, but she didn't
have that at that time.
< align=center>Did you inform her at that time that she had
AIDS and should discontinue having intercourse
with anyone who does not have AIDS themselves ?
I did. I also told her that at the very least
she should tell her customers to use a condom.
Have you examined her at various times
since that time ?
I have. I found that she is following the
clinical progress of the disease in every way.
Do you know why she was arrested on those
subsequent occasions when you examined her ?
Yes. She was arrested many times for
Did you examine Mr. Adams ?
At the request of Sgt. Cagney, I did.
What did you find ?
I found him to be in normal health, except
that he is in the early stages of AIDS.
Thank you Dr.
He sits down and Keeler rises.
Dr., is there any possibility Mr. Adams might
have given Aids to the defendant, rather than
the defendant giving it to Mr. Adams ?
The epidemiology of AIDS is well known.
The defendant has had an active case of
AIDS for four years, and Mr. Adams has
had it for two.
Keeler sits down.
Call Sgt. Cagney.
Sgt. Cagney to the stand.
On Cagney on the stand.
When you received the report indicating
the defendant is a known prostitute and
has AIDS, what did you do.
My partner and I decided she is most likely
continuing as a prostitute and was giving
AIDS to her customers. We went looking
for her and found her on the street. I observed
her making contact with several men and
going to a hotel with them. They would be
inside for 15 to 30 minutes. She would then
go looking for another man.
Did you speak to any of these men ?
No. I observed her making contact with her
customers. My partner spoke to them after
they had parted company with the defendant.
At this time I would like to recall
Det. Lacey to the stand.
ON Lacey on the stand.
Did you interview the men who seemed
to be customers of the defendant ?
Yes sir, I did.
How many ?
How many agreed to cooperate ?
Six. The others refused for personal
Of the six, how many had AIDS ?
Qnly one, Mr. Adams.
Do you have any idea why the others..
may not have contracted AIDS ?
The others told me they always used
a condom. Only Mr. Adams never used one.
Did any of the men you interviewed other
than Mr. Adams have AIDS '?
No sir. Only Mr. Adams checked positive.
No further questions. Call Mr. Adams.
Mr. Adams to the stand.
ON Mr. Adams on the stand.
Mr. Adams, how many women have you
had sexual relations with in the last four years ?
Only one. Kelley Smith.
Isn't it unusual for a man to practice fidelity
with a prostitute, with all the willing prostitutes
available to all men ?
No. Most men who visit prostitutes stay with one,
we're called regulars. prostitutes usually leave
each other's regulars alone.
You've been a regular of Kelley Smith
for the last four years ?
And Dr. Fuad says you have had AIDS
for two years ?
That's what he told me, but I may have
gotten it as much as three years ago or
as little as one year. Those are the limits.
Have you had any blood transfusions in
the last four years ?
Have you ever used intravenous drugs ?
Not ever, or any other kind of illicit
Do you drink ?
No. I'm a teetotaler, and I don't
Did the defendant ever tell you she
has AIDS ?
Did she ever suggest that you should use
a condom ?
No. If she had, I certainly would have.
Others have suggested that in the past,
for other reasons, and I did. It really
makes no difference at all to me.
Have you ever had any homosexual
Never even once in my entire life.
I'm strictly a woman's man.
That's all. The prosecution rests.
Anders sits down and Keeler rises.
The defense rests.
Very well, proceed with your final
Anders rises and walks over to a position in front of the jury. He sort of paces back and forth as he speaks.
For four years the defendant has known she
has an active case of AIDS. She has been
told so on several occasions by Dr. Fuad.
Certainly, the Dr. would have no reason to
lie to her. She knew for a fact that she would
be likely to infect any man she had sexual
relations with the dread disease AIDS.
Knowing this she deliberately went ahead
working as a prostitute. Mr. Adams trusted
her. In fact he trusted her too much. She had
only to tell him and he would have protected
himself with a condom. But she deliberately
did not tell him. She went ahead and knowingly
gave him AIDS. There is no reprieve for a
person with AIDS. It is only a matter of time
until he dies. In the case of a person who kills
another with a gun, only moments pass
between the fatal act and the death of the
victim. In the case of a knife killing, days
may pass between the fatal act and the death
of the victim. Medical science has reached
the point where some people who are shot,
or stabbed, may survive. In this case the fatal
act was the infecting of the victim with AIDS.
No one has ever survived AIDS. Medical
science has nothing to offer. Eventually
Mr. Adams will die from the direct act of the
defendant. The fatal act has already been
committed. Mr. Adams is doomed. The amount
of time which passes between the fatal act and
the actual death of the victim is of no consequence.
What is important in this case is that the fatal act,
a premeditated act, has already been committed.
Already committed.... .Already committed......
I ask you to return a verdict of guilty of first
Anders sits down and Keeler rises. He walks over to stand in front of the jury with a thoughtful look on his face.
I have researched this case carefully. I
have studied every precedent. In every
case it has been a fundamental point of
law that no person can be found guilty
of murder until their act has actually
caused the death of another person.
Someone has to die. Yet, the prosecutor a
asks you to return a verdict of guilty with t
he victim alive and seated here in the courtroom.
In order to support a guilty verdict in a first
degree murder case, it is the responsibility
of the prosecutor to prove that the defendant
singled out the victim and deliberately chose
to kill that one person and no other. The
prosecutor also argues that the choice of
murder weapons is of no consequence. A gun,
a knife, a club, or a dread disease, are all equal.
All except a dread disease are things a person
can get or get rid of. She did not go out and
acquire this dread disease for the purpose of
using it to kill this one particular man. And
once she had acquired it, she could not just
discard it in the trash. Due to her drug habit,
she couldn't stop working as a prostitute.
She was afraid to tell anyone. She was afraid
all her customers would go elsewhere. She
acted as she did out of fear, driven by the
demands of a drug habit. The only thing she
is guilty of is being a victim.
Keeler sits down.
ON Cagney, Lacey, Keeler, Anders, and Dr. Fuad standing
in a group.
An interesting legal problem.
I'm certainly glad I'm not a member
of that jury.
It could go either way.
In every case, except open and shut cases,
the jury is asked to decide what is justice.
Is justice with the law, or the defendant.
In this case they are even asked to decide
what the law is.
If they find her guilty, the appeal is
automatic. Maybe I'll win there.
How long might this appeal take ?
It could take years to settle this case if
they find her guilty, and I think they might.
She hasn't got years to live.
At least we can hope we stopped her
from killing people.
I guess that's something.
IF they find her guilty.
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