Jack McCoy says the defendant "could blame it on moonbeams or Twinkies..."
On November 27, 1978, San Francisco Supervisor Dan White carried out the premeditated assassinations of fellow San Francisco Supervisor Supervisor Harvey Milk and San Francisco Mayor George Moscone but fled and turned himself in before committing the 2 other murders he had planned.
During his trial his defense team and his doctors claimed that White went from being upbeat and health-conscious to depressed and consuming almost nothing but sugary drinks and junk food. They claimed the diet caused or deepened his depression, leading to such an altered his mental state that he didn't realize what he was doing was wrong.
The jurors bought it and White was convicted of voluntary manslaughter instead of murder, receiving only 7 years in prison. White served only 5 years of the 7 year sentence before being paroled.
While Twinkies were not specifically blamed by White or his defense team, the media latched on to their mention and coined the term, "The Twinkie Defense". It is not actually an accepted legal defense but it is a notorious one.
On November 27, 1978, San Francisco Supervisor Dan White carried out the premeditated assassinations of fellow San Francisco Supervisor Supervisor Harvey Milk and San Francisco Mayor George Moscone but fled and turned himself in before committing the 2 other murders he had planned.
During his trial his defense team and his doctors claimed that White went from being upbeat and health-conscious to depressed and consuming almost nothing but sugary drinks and junk food. They claimed the diet caused or deepened his depression, leading to such an altered his mental state that he didn't realize what he was doing was wrong.
The jurors bought it and White was convicted of voluntary manslaughter instead of murder, receiving only 7 years in prison. White served only 5 years of the 7 year sentence before being paroled.
While Twinkies were not specifically blamed by White or his defense team, the media latched on to their mention and coined the term, "The Twinkie Defense". It is not actually an accepted legal defense but it is a notorious one.
This episode appears to be based on two separate cases/incidents:
- The Andrew Cunanan case.
- The debate of media portrayal of violence influencing criminal behavior.
Adam Schiff tells Congressman Maxwell that if the defense works, his political cause will "have [their] own Willie Horton".
William Horton was a convicted felon who was given the privilege of a weekend furlough (he left prison for the weekend and was expected to return) despite already serving a life sentence without the possibility of parole for murder.
On June 6, 1986, instead of returning to prison, Horton committed several more crimes including binding, gagging, stabbing, and beating a man then repeatedly raping the man's fiancée. He capped off his crime spree by stealing their car and fleeing the area.
Horton was eventually recaptured and re-sentenced to two consecutive life terms without the possibility of parole or furlough.
Horton's case became a hot-button issue during the 1988 presidential campaign, and George Bush's campaign used it to argue against "weekend passes" also known as furloughs. Though not always specifically mentioned by name, Horton became the face of the argument against Bush's opponents, mostly Michael Dukakis, and was featured in two notorious commercials, "Revolving Door" and "Weekend Passes", that helped secure Bush's win as they made him look "tough on crime".
Horton remains incarcerated in Maryland.
William Horton was a convicted felon who was given the privilege of a weekend furlough (he left prison for the weekend and was expected to return) despite already serving a life sentence without the possibility of parole for murder.
On June 6, 1986, instead of returning to prison, Horton committed several more crimes including binding, gagging, stabbing, and beating a man then repeatedly raping the man's fiancée. He capped off his crime spree by stealing their car and fleeing the area.
Horton was eventually recaptured and re-sentenced to two consecutive life terms without the possibility of parole or furlough.
Horton's case became a hot-button issue during the 1988 presidential campaign, and George Bush's campaign used it to argue against "weekend passes" also known as furloughs. Though not always specifically mentioned by name, Horton became the face of the argument against Bush's opponents, mostly Michael Dukakis, and was featured in two notorious commercials, "Revolving Door" and "Weekend Passes", that helped secure Bush's win as they made him look "tough on crime".
Horton remains incarcerated in Maryland.
Dennis Boutsikaris has played three different characters throughout the course of the series:
- Episode 1.4 Kiss the Girls and Make Them Die (1990) - Richard 'Dick' Berkley.
- Episode 3.4 The Corporate Veil (1992) - Richard 'Dick' Berkley.
- Episode 7.3 Good Girl (1996) - Al Archer.
- Episode 8.13 Castoff (1998) - Neil Pressman.
- Episode 11.8 Thin Ice (2000) - Al Archer.
- Episode 12.10 Prejudice (2001) - Al Archer.
- Episode 14.17 Hands Free (2004) - Al Archer.
Scott Whitehurst (Lester Metcal) previously played the role of Melman in Rage (1995) (episode 5.13).