This episode appears to be based on several wrongful convictions that occurred during the tenure of controversial former Bronx County District Attorney Robert T. Johnson.
At the arraignment hearing, the judge asks A.D.A. Abbie Carmichael why "res judicata" doesn't apply in this case, since someone has already been convicted of the same murder. Res judicata is a Latin legal term that means "a matter already judged": a final judgement has already been rendered, and the verdict is no longer subject to appeal. When res judicata applies, the case cannot be raised again in either the current court or a higher court, such as the Appellate Court or the Supreme Court. Res judicata is a method of protecting the parties involved in a case from further, often unnecessary, litigation by an overzealous prosecutor or one who might have a grudge. It mostly helps prevent the wasting of the court's time and resources on matters that have already been dealt with and decided.
The title card at the top of episode says: "The character of the Bronx District Attorney portrayed in this episode is not intended in any way to depict the actual District Attorney of Bronx County, whose integrity and reputation are unquestioned."
Dallas Roberts has played three different characters over the course of the series:
- Episode 5.11 Guardian (1995) - Matthew Blanchard.
- Episode 11.16 Bronx Cheer (2001) - Mark Daltrey.
- Episode 19.9 By Perjury (2009) - Marty Winston.
Actor Dallas Roberts (Mark Daltrey) will go on to play a different character, serial rapist/murderer Gregory Yates, six times in the Dick Wolf universe. The character appears in four episodes of Law & Order: Special Victims Unit (1999) and two crossover episodes of Chicago P.D. (2014).