Ep. 3.20: Death Penalty: Final Appeal

[TVFan]

A MAN PLEADS WITH JEFFRIES AND LILLY TO TAKE ANOTHER LOOK AT HIS CASE JUST DAYS BEFORE HIS SCHEDULED EXECUTION, ON "COLD CASE," SUNDAY, APRIL 16

Alex Zakrzewski directed the episode that was written by Sean Whitesell.

Lilly Rush: Kathryn Morris
John Stillman: John Finn
Nick Vera: Jeremy Ratchford
Will Jeffries: Thom Barry
Scotty Valens: Danny Pino
Kat Miller: Tracie Thoms
Andre Tibbs (1994/2006): Michael Jace
Wayne Nelson (1994/2006): Dean Norris
Terry Mike Lange (1994/2006): Eddie Bowz
Nina Mary Lange (1994): Cameron Goodman
Joey Norman (1994): Michael Cavalieri
Ada William Danner: Thomas Calabro
Barbie Yen (1994): Chihye Chung
Barbie Yen (2006): Samantha Quan
Guard: Stacy Hall
Warden: Weston I. Nathanson
Clerk: Landall Goolsby
Faith: Lori Rom



After you view this episode, be sure to vote for it above. Also, leave a post with your thoughts.

[eurache]

This is open now and I made my vote... I'll spew my thoughts later

[ruda]

hmm...
who watched this ep? *edited by Naj*






*per TOS Naj*

[TVFan]

I gave this episode a "good." For me, it was just shy of excellent, though, and it would have gotten an excellent from me had it not had a huge gaping plot hole that nagged me the entire episode. How can a case involving RAPE and murder not have DNA evidence that either exonerates or convicts Tibbs?? I did a quick search at wikipedia.com, and it seems that the first person convicted using DNA evidence was in 1988, but the prominence of the O.J. Simpson trial brought the technology and its importance to light in 1994 - the same year as the case!!! How can there not have been a mention, at least??!! I mean, even if there hadn't been DNA testing back in 1994, there certainly is today, and it would have been the first thing they would have looked at to exonerate Tibbs. This drove me absolutely crazy last night. I get that there might not have been any DNA from the rape or maybe dirty cop did away with it, but they needed to mention this because, otherwise, it just looks like they neglected the entire aspect. I also found the actual murder a little fishy because it was a huge risk for Wayne to rape Kate downstairs while her father was upstairs, but I was OK with this aspect. It was the lack of DNA coverage that bugged me.

Other than that, I thoroughly enjoyed this episode. It's really a shame that they neglected the DNA aspect because this episode would have been near the top of my list for the season. It was incredibly moving and emotional. I never thought for a second that Tibbs would be executed. When those precious seconds were ticking down and we learned the truth, I thought for sure that Lilly or Stillman or someone would call in with the news that the state or someone had granted him a stay of execution. That scene was so intense and so heart wrenching. Just seeing the look on Jeffries face was heart breaking enough. He knew that they had the wrong person, and the system had failed Tibbs. So sad!

Thom Barry did an excellent job last night. He showed us an angrier, more excitable side to Jeffries and I liked it. I cheered so loudly when he punched that snot-nosed ADA (who looked an awful lot like Kite IMO)! I loved it when Stillman told the ADA to leave his office before he has to drop kick him! Classic! The air conditioning side story was a nice bit of comic relief, which this episode desperately needed.

I think the saddest thing about this story was knowing that the kind, innocent relationship between Tibbs and Kate took the fall for the sinister, sick relationship between Wayne and Kate. Tibbs and Kate bonded over her mother's troubles with alcohol, and Tibbs' personal battle and recovery with it. Wayne took advantage of that bond, and used it to gain access to Kate and rape her the way he did his daughter all those years because Kate reminded him of Faith. I LOVED Lilly's interrogation with Wayne, and I'm starting to feel very lucky since we've gotten several episodes in a row with top notch Lilly interrogations. This is a trend that MUST continue. Lilly got really angry in that interrogation. I loved it! It reminded me of her interrogation of Mr. Freely in season 1's "Fly Away." You could tell that she was utterly disgusted by Wayne and what he had done to his daughter and Kate. I especially loved this exchange (I'm paraphrasing):

Wayne: I don't like what you're implying.
Lilly: I don't like it either. In fact, it disgusts me!

Classic Lilly! After Wayne came clean, we saw more of that Jeffries anger as he threw him against the wall! I noticed Stillman and Jeffries getting reprimanded during the closing montage, so I hope things are OK for both of them. That ADA got what he deserved, and we can only hope that Wayne does as well.

Random observation, but did you guys notice that we didn't get the opening song? I assume this was due to a time factor. Desperate Housewives and Grey's Anatomy frequently go without opening songs so they can have more episode time. Also, loved the use of "Hallelujah" as the closing song. So poignant and beautiful.

[sonny]

Thanks for the great episode review TVFan. ;D

[jazzyb]

TVFan, I'm with you about the lack of DNA evidence or use thereof. Understandably, the ADA had the physical evidence AND the father's assertion that Tibbs was standing over his murdered daughter at the time the crime was discovered. Nevertheless, any half-baked public defender would have at least asked for DNA corroboration since that was all the rage. (All you attorneys, help me out here!). In fact, there were reports of cases all across the country being re-opened or inmates released because of new DNA evidence. Aside from that, though, I enjoyed seeing the spotlight on Jefferies. He's more of what I've observed police detectives to be: methodical, thorough, non-flashy... When he cold-cocked the smart-aleck ADA that was about as un-Jefferies as it gets but you completely understand the motivation. I shudder to think how often that scenario plays out in our justice system: when it's not worth the time or effort for the DA's office to re-open a closed case even when new evidence emerges that may shed light on guilt or innocence.
Arguably, the last three or four episodes have been tour-de-forces for Kathryn Morris; the interrogation scene with Wayne was top-notch. Can't fathom why this woman hasn't been nominated for an Emmy.

[V]

Well said, jazzyb, on all counts. I agree with both you and TVFan on the DNA issue. DNA testing should have and would have been done, especially in a capital case. The ADA didn't really have any physical evidence, other than blood on the shoe. With such a violent attack, surely Andre would have had some blood splatter on his shirt. And to prosecute rape without DNA evidence is practically unheard of these days. They would have HAD to have used DNA evidence to get a conviction for rape, unless there was an eyewitness to the rape. And where was the murder weapon? So, really, all we had was blood on the shoe and daddy seeing Andre crying over Kate's body. In the real world, there would have been no way a jury would have given him the death penalty, unless of course the ADA put on a really convincing show sans evidence and played it up using the race card, Andre's violent history, the recent outburst in Kate's house, and that he was preying on her the whole time.

Also, even though Andre fired his defense attorneys, the State would have appointed another for him, especially during the appeals process. And you're right, jazzyb, any half-baked defense attorney would have run with this case. Oh yeah and also the ADA should be disbarred from withholding a crucial and possibly exculpatory piece evidence .. not just fired. :smile30:

I've said enough. The more I think about it, the less I like this case. The ep was good, but the case wasn't. :smile6:

jazzyb said:

TVFan, I'm with you about the lack of DNA evidence or use thereof. Understandably, the ADA had the physical evidence AND the father's assertion that Tibbs was standing over his murdered daughter at the time the crime was discovered. Nevertheless, any half-baked public defender would have at least asked for DNA corroboration since that was all the rage. (All you attorneys, help me out here!). In fact, there were reports of cases all across the country being re-opened or inmates released because of new DNA evidence. Aside from that, though, I enjoyed seeing the spotlight on Jefferies. He's more of what I've observed police detectives to be: methodical, thorough, non-flashy... When he cold-cocked the smart-aleck ADA that was about as un-Jefferies as it gets but you completely understand the motivation. I shudder to think how often that scenario plays out in our justice system: when it's not worth the time or effort for the DA's office to re-open a closed case even when new evidence emerges that may shed light on guilt or innocence.
Arguably, the last three or four episodes have been tour-de-forces for Kathryn Morris; the interrogation scene with Wayne was top-notch. Can't fathom why this woman hasn't been nominated for an Emmy.

[TVFan]

I'm glad I wasn't the only one bothered by the lack of DNA testing.

As usual, I have some caps in my blog from yesterday to tied you over until someone posts more. See them HERE.

[sonny]

I've read your blog TVFan and as always it's really excellent [gee, I'm such a creep! ]

I gave this episode a 'good' simply because last weeks episode I gave and excellent and this wasn't as good as last week.

Anyway, there's not actually much to say that hasn't been said already. I have to say the DNA thing didn't bother me to much, but then I think that has more to do with the fact that I had read the posts that highlighted it as a problem so my expectations were kind of lowered.

I did feel emotional when Andre was executed and was suprised that Will was so adament till the end that he was guilty. Thom Barry was truly excellent.

I was also suprised by the amount of Lilly we actually did get. Again, after reading the comments about this episode I had prepared myself to not see much of her. Her scenes were fabulous [as usual] and that interogation scene with Wayne was top class. The scene where she questions Faith was also lovely. Shows two completely different sides of Lilly and how she is able to change her manner appropriatley for different people in different situations. And it says alot for Kathryn's acting, as excellent as always.

As always I have to comment on Lilly's/Kathryn's appearence and will say that again, she looked amazing. The make-up was spot on and the clothes perfect. Loved that lilac shirt with the pearly buttons.

I remembered that DA from when he was on Melrose Place. Still a bit of a looker too! [sorry ].
Anyway I loved all the lines about 'drop-kicks.' Very amusing. And Scotty's face was a picture when the DA was in Stillman's office.

Scotty is actually growing on me a little. A while back I couldn't cope with him. He's been quite humourous lately and I really like that side of his character.

So that's my piece for this week!! ;D ;D Overall, a good episode.

[ecooper516]

I agree with Sonny that I did not expect much of Lilly. However, the show is much better when she is in it a lot more. Also, the writers are spending too much time having the victims characters discuss the case instead of having the detectives work out the clues.

[TVFan]

I've read your blog TVFan and as always it's really excellent [gee, I'm such a creep! ]

You're so not a "creep" sonny! BTW, you guys totally don't have to read it. I just wanted to give you an opportunity to see the pics. I would post them here, but blogger actually uploads them for me and it's a complicated process, so I just send you over there to check them out. Seriously, though, you don't have to read it. It's basically the same thing I write here except with a little more background and explaination since I know that not all of my readers watch CC, and those that do probably don't pay attention to half the stuff I do! I know, I'm out of control.

I was also suprised by the amount of Lilly we actually did get. Again, after reading the comments about this episode I had prepared myself to not see much of her. Her scenes were fabulous [as usual] and that interogation scene with Wayne was top class. The scene where she questions Faith was also lovely. Shows two completely different sides of Lilly and how she is able to change her manner appropriatley for different people in different situations. And it says alot for Kathryn's acting, as excellent as always.

Totally agree with this sonny. I thought we would get very little of Lilly based on the pres release, so I was happily surprised when we got as much as we did. I forgot to mention that scene with Faith, but it was top notch. I especially loved the little scene during the montage with Faith and Lilly. Lilly was saying goodbye and she walked her out the door, and it was just really sweet.

[eurache]

Thanks for all your reviews These are great! I just have one thing to say, I just loved when Jefferies punched out the ADA... :smile63: That was the best part ;D I cheered on that one :smile63: All the rest has been said by all of you That's all :smile63: :smile40: :smile39:

[boxman]

In the opening scene, one of the first things shown is the moving truck which prominently displays the company's sign, "34th Street Moving Co". Philadelphia is probably the earliest "planned cities" in the New World. Back in 1682, William Penn and his surveyor, Thomas Holme, layed out the city into a grid system of roads that intersect at right angles and contain five public squares. (see here and here). 34th Street is one of the few streets in the city that doesn't run a long length because of the natural geography of the city. In fact, it primarily runs through only one area of Philly--University City--home of Drexel University and the University of Pennsylvania.

---

The previous episode, "Beautiful Little Fool", had very strong tie-ins with F. Scott Fitzgerald's, "The Great Gatsby". The broken AC in this episode and the heatwave the city is experiencing can also be taken as a reference to another heatwave scene in "The Great Gatsby". In the movie, the heatwave occurs at a crucial moment where one character interrogates another, the confrontation escalates, and heated words nearly leads to a fistfight. While this Fitzgerald reference follows "Beautiful Little Fool", prior to that episode, the name "Robert DeNiro" was mentioned in "Willkommen". Robert DeNiro played the leading role in "The Last Tycoon", a 1976 movie based on Fitzgerald's unfinished fifth novel. This reference, plus the heatwave reference, sort of "book-end" the Fitzgerald-heavy episode in between.

---

"They Call Me Mister Tibbs" is a 1970 Sydney Poitier movie; and Jeffries and Andre Tibbs share this trivia in their phone conversation. This movie is a sequel to the 1967 movie, "In the Heat of the Night", where Poitier plays Detective Virgil Tibbs from Philadelphia. (A third movie, "The Organization", completed the trilogy in 1971.)

This odd association between "Tibbs the Prisoner" and "Tibbs the Detective" is played upon later in the show: The jailed Tibbs tells Jeffries, "We're not so different, you and me," and mentions that they are "two black men from the same neighborhood."

This conversation is similar to two conversations the handcuffed Ramiro has with Scotty in "Sanctuary". In the opening scene, Ramiro tells Scotty, "You moved the drugs the same like I did." Later, Ramiro is again handcuffed and says to Scotty, "You loved it out there, in the dirt." In both episodes, the imprisoned criminal isn't fearful of telling the detectives of their common, shared backgrounds. While in both instances, both Jeffries and Valens are quick to argue with the prisoners, it is left open to interpretation if the criminals actually do see something beyond the detectives' denial??

An unusual aspect of prisoners telling detectives their similarities, is that Lilly tends to contrast from this kind of association. In reverse, Lilly sometimes shows suspects that she's like them, in order to prompt a reaction.

Speaking of Lilly, its strange that Poitier was in a 1963 movie called "Lillies of the Field". As with this episode, the film had a religious storyline.

"Tibs", btw, is the name of an Ethiopean dish, usually made of lamb. Over the years, Ethiopians immigrants have settled on the western end of University City, and theres a few Ethiopian restaurants and bars about ten blocks west of 34th Street...

---

As V pointed out in the chatroom, this episode pretty much portrayed lawyers in a negative light. The first occurence of this is Tibbs calling them "snakes in the grass". Later, we find the ditzy teenage nympho, "Barbie" grows up to be...a lawyer?!? ha ha ha!!

When they interview the older Barbie, she is standing at the door of the "Law Office of Baumert, Casebeer, and Kaplan". These names correspond to an Art Coordinator, Production Assistant, and Production Designer for the series. And "Bar"-bie, of course, pesters Andre for beer.

---

The scene of Barbie and Kate studying on the lawn is briefly similar to the sunbathing scene in the 1962 and 1997 movies "Lolita". Its an interesting foreshadow for the flirtation that immediately follows.

By the way, does it appear that Kate's name was changed at the last minute? According to the credits that start this thread, apparently the murder victim (played by Cameron Goodman) was originally named "Nina Mary Lange".

---

At the end of the episode, ADA Danner cleans out his office. The newspaper's headline reads "A.D.A. Danner Fired". Below it there are two other headlines: "Survival of the Fittest", and "Another Bush Blunder: Even the Republicans have had enough".

Please, everyone, no political debates on this thread! The discussion from last week's episode was touchy enough!!

---

Folks, I got a short business trip to take in the next few days, so I won't be able to start a thread to discuss a DVD campaign like I offered to in the chatroom until I get back. So until then, take care, everyone!

[TVFan]

boxman said:

An unusual aspect of prisoners telling detectives their similarities, is that Lilly tends to contrast from this kind of association. In reverse, Lilly sometimes shows suspects that she's like them, in order to prompt a reaction.

This is an excellent observation boxman! I never thought about this especially in contrast to Scotty's and Jeffries' denials. Lilly is very psychological in her tactics anyway. There are times when she lies about her upbringing to use it to her advantage. She did this most noticably with Sherry in "Sherry Darlin'." She told her that she wouldn't know anything about growing up with nothing as a way of pissing off Sherry. It worked. And then there was the interrogation with Archie in "Revenge." She equated her mother's alcoholism with Archie's father problems with molesting little boys and child pornography. Clearly, they're not the same, but she made sure that Archie thought they were similar enough that she could relate to him so he would feel comfortable talking about what happened to Kyle. This is what makes her interrogations so fascinating IMO.

When they interview the older Barbie, she is standing at the door of the "Law Office of Baumert, Casebeer, and Kaplan". These names correspond to an Art Coordinator, Production Assistant, and Production Designer for the series.

That's an awesome find boxman! A few little easter eggs, appropriately enough, on Easter.

[cowgirl]

As I watched the Cold Case episode of April 16, 2006, I was struck by the connections I perceived between the characters and events of this episode and those characters and events in two novels. To Kill a Mockingbird by Harper Lee and In the Heat of the Night by John Ball were both made into award-winning, popular films. The plots of both Night and Cold Case revolve around black males who are accused of murders they did not commit. In Cold Case, a young white girl is brutally murdered, and the black male is discovered on the scene, making him appear to be the killer. Authorities are all too eager to find him guilty and to sentence him to death. Throughout the ordeal, the man proclaims his innocence. In the novel In the Heat of the Night, Sidney Poitier’s character is a stranger from Boston who appears in the small Southern town; he, too, becomes a likely target and denies he is guilty of murdering an orchestra conductor in town for a music festival. The most obvious connection, though, is that both characters are named “Tibbs.” Beyond this point the similarities are slim. Virgil Tibbs of Heat is an arrogant and cocky homicide detective from Pasedena, California, who never appears intimidated by the blatant prejudices of the local police crew. In the end Tibbs proves himself every bit the good detective he says he is by tracking down the man who did commit the murder. On the other hand, the Tibbs of Cold Case wants desperately for someone to believe he is innocent, turning finally to Jeffries and hoping to find in the older black detective a sympathetic ear. Jeffries, however, cannot bring himself to believe in Tibbs but does serve as Tibbs’ witness when Tibbs is executed by lethal injection, one of the most powerful and moving moments in this series’ history.

The similarities between these two works seem almost too contrived and do little more than remind us that racial discrimination is still very much with us, especially in our law enforcement and legal systems. On the other hand, Tibbs of Cold Case bears a remarkable and thematically significant likeness to Tom Robinson of Harper Lee’s novel. In both cases, a kind black man befriends a young white girl, and both men are convicted falsely of murder – though Tom is not accused of Mayella Ewell’s murder, for at his trial it is she, fearing her father’s violence, delivers the damning testimony against Tom. In both instances, the father of the girl is the abusive monster, and the gentle kindness of the black male is stressed. The racism revealed in this view of the black man takes on a deeper, more meaningful resonance. The black male has long dominated our culture’s primal fears as the dangerous predator, and as a society we are often too eager to assume him guilty of preying on those too weak to defend themselves, especially females and children. Even Detective Jeffries, himself a black man who has been the object of such distorted fears, does not believe Tibbs to be innocent until after his execution, when Tibbs’ last-minute pleas from the execution chamber to “tell [his] story” at last finds a spot in Jeffries’ conscience.

Although the episode of Cold Case, like the novel To Kill a Mockingbird, moves us to tears and to reflecting upon our own hidden prejudices and cultural assumptions, it reveals an even more awful truth – that something sick and predatory and life-denying lies too often hidden in the so-called “norms” of our society. In both cases, a white man turns his twisted, cruel violence against his own helpless daughter. While we are ever watchful to see what the black man will do, we often have our backs turned on those – of any race or gender – who truly deserve our vigilance. When prejudice and injustice strikes at this level, we all lose.

To be sure, this episode of Cold Case is the most thought-provoking and literary episode of this television drama series.

[ewka]

So, my first thought of Death Penalty is that I believed Andre's innocence the first moment I saw him. Maybe it is because I have seen an episode of "11th hour" before and there was the same case -- an innocent guy was sentenced to death penalty for rape and journalists tried to uncover the truth. But they did not make it on time. So this time I was irrationally sure he was just sladerred... The moment of his death was tough to watch for me, too... Nothing personal, but I stiffened anyway...
I liked the case and I did not like the DA... What he did was, yh, can't find the right words, not even in English. And about DAs -- I really hoped to see Kite or any sign, and hint -- nothing. What about Lil's call, huh? It has to be somehow mentioned in the future, that's what I believe :]
In my opinion Jeffries did what he could. Besides, I would not be able to watch a death penalty. SURELY, I'd die there as well, grrr...

I don't know what else to say, maybe because of some stupid belated April Fools joke, grrr...

[frenchfan]

Cowgirl,

Very relevant and unfortunately right point of view.

I think that there would be much thing to say on the application of the death penalty and on racial discriminations and in particular the role which the racial origin plays in the way in which the police surveys are carried out but more particularly how the people are judged (according to the racial origins). But it is not the object of this board.

[TVFan]

Very insightful post Cowgirl! I'm a big fan of Harper Lee's "To Kill A Mocking Bird" and noticed the similarities as well. Although race was not a central theme of this particular episode (as it has been with other episodes), I was left wondering if that dirty cop pointed to Tibbs because he was an obvious suspect with the blood on his boots and he just wanted to close the case, or if the cop was racist and assumed that Tibbs was the only viable suspect. They never went into it, but I'm sure it could even be a combination of both. It's sad to think about the ways in which racism still exists in all different sectors of society.

[eurache]

Tibbs was the obvious suspect, but he also was an ex-con too. So, I'm sure that was another reason the dirty cop arrested him and try so hard to influence the father to say it was him when the father didn't see him leave the scene. Maybe I missed something, but all the time that the real suspect did raped and killed his daughter, where the heck was the father? I remember he said he heard noise? Where the heck was he and if he investigated where the noise came from, why did it take him so long?

[TVFan]

The father, apparently, was upstairs the entire time. This was another thing that kind of bothered me in this episode. Why did the real killer risk getting caught by raping and murdering Kate downstairs while her father was upstairs? It seemed way too risky to me and a little bit of a stretch.