A man opens fire during the docking of a dinner cruise boat. The Governor appoints a special prosecutor because Schiff refuses to seek the death penalty; McCoy helps Schiff appeal while Ross helps the special prosecutor at trial. Schiff's wife is hospitalized following a stroke.
Did You Know?
This episode paralleled real events that occurred in New York City in 1995 and 1996. First, Chapter 1 of the Laws of 1995 established a new death penalty in New York State. Second, District Attorney Robert Johnson of The Bronx had a "blanket" policy of declining to seek the death penalty in cases authorized (Murder 1, see NY Penal Law §60.06, and §125.27). Dissatisfied, Governor George Pataki ordered Johnson replaced with the Attorney General when Johnson declined to seek the death penalty in the shooting death of Police Officer Kevin Gillespie by one Angel Diaz (who ultimately committed suicide and whose accomplices were ultimately convicted of Federal RICO charges and not brought to answer in State Court.) Litigation ensued, and the New York Court of Appeals upheld Governor Pataki's actions in Johnson v. Pataki (91 N.Y.2d 214, 1997). See more
Mr. Panatti asked my client if he knew of a reasonable person who would believe him. Mr. Schiff is a reasonable person. I think his views are admissible as rebuttal.
Judge Lisa Pongracic
Overruled. Go ahead, Mr. Axtell.
Petitioner's refusal to indict defendant on first-degree murder led to his removalo. Using his prosecutorial discretion, petitioner concluded there was insufficient evidence of intent to commit robbery to sustain a charge of first-degree murder. I have nothing further.