Law & Order Episode: Jeopardy

A wealthy widow helps a cash strapped judge get a large loan at a super low interest rate. The problem is, he is the sitting judge in a case involving the woman's son, who is on trial for murdering 3 people, including his own brother. On top of that, the judge and District Attorney Adam Schiff are long time friends.

The story opens with shots being fired inside the office of a computer magazine publisher. The police respond and find 2 employees and their boss shot to death. The boss is Edward Nicodos, part of a family that owns a food distribution company. The detectives go to Mrs Elaine Nicodos, played by Sada Thompson, and her son, Peter, played by Peter Frechette. Mrs. Nicodos is a widow and VERY wealthy, and the mother of Peter and Edward. The detectives find that Mrs. Nicodos gave her son Edward the money to start the magazine, which is struggling,* and Peter insists his brother's magazine is separate from the family food business. As they investigate further, the detectives find out the secretary to Peter Nicodos kept a gun in her desk and that Peter had given approval for her to keep the gun on the premesis, so he knew the gun was there, but further, Peter had a key to her desk. They also learn the secretary has filed a report that the gun is now missing, and that the gun is the same type used as the murder weapon.

Detectives Briscoe and Curtis, played by Jerry Orbach and Benjamin Bratt, respectively, later learn that Eddie's magazine did a negative review of a video game and that the game designer filed a lawsuit against the magazine AND against the Nicodos food business, claiming the businesses were linked. The detectives find out from the game designer's lawyer about a payment of $10,000 a month from the Nicodos food business going to a shell corporation, Gaston Inc, and the theory is it's really a payment going to Eddie's business; thus the lawsuit connecting Eddie's magazine to the family food business. When the detectives go to the address listed for Gaston Inc, they find that Peter Nicodos has a mistress living there, Celia Gaston, played by Brettanya Friese. She tells them that she saw Peter the night Eddie was killed, and that he told her they had to break up, because Eddie had told the attorney for the game designer about their relationship and he threatened to make the relationship public, unless Peter settled the lawsuit with the game designer. Ms. Gaston also says Peter left her as angry as she had ever seen him about Eddie. The detectives also take some clothing of Peter's from the woman's closet, as there had been some clothing fibers found on one of the victims in the killings. The clothing proves to be negative, but the lab technician does find cat hairs on Peter's clothing, and cat hairs were also found at the murder scene (Ms. Gaston has a cat). The technician says it will take him a couple of weeks to determine if the hairs match (the hairs match, but it took longer than anticipated, which will come into play). In the meantime the police arrest Peter Nicodos for the three murders.

In front of the judge who will preside at the trial, Judge Edgar Hynes, played by Louis Zorich, Peter's attorney asks the judge to bar Ms. Gaston from testifying, as her testimony is hearsay. The judge agrees, and Executive District Attorney Jack McCoy, played by Sam Waterston, tells the judge that she can testify as to Peter's mood and anger, because she directly witnessed it. The defense attorney, Mr. Rothenberg, played by Jeffrey DeMunn, argues that Peter was angry at his brother over not attending a memorial service for their father, and that this could be misconstrued by the jury. The judge bars Ms. Gaston's testimony completely. When McCoy tells DA Adam Schiff, played by Steven Hill, about how Judge Hynes gutted much of their case, Schiff sort of smiles and tells McCoy that he's known Edgar Hynes for 35 years and that he was not a "bleeding heart" years before, and not likely to be one in the present. McCoy decides to proceed with the trial based on the evidence they have. At the trial, the lab technician is testifying, and Rothenberg asks to speak to the judge. He argues that he only received the evidence about the matching cat hairs 2 days before trial and that his whole strategy was based upon the belief that the prosecution didn't have this evidence. He asks that the lab technician's report and testimony be excluded, and the judge grants it. McCoy is angry, as he had even offered to delay the trial to give the defense time to prepare their case. Detective Curtis testifies about some evidence, and McCoy rests the prosecution's case. Rothenberg asks for dismissal of the charges, because the prosecution failed to prove the prima facie case, and the judge agrees; the charges against Peter Nicodos are dismissed. Elaine Nicodos smiles as her son is now free.

McCoy tells Adam Schiff how Judge Hynes sided with the defense on everything, and while Adam is skeptical about McCoy's case against Peter Nicodos, he goes to meet his long time friend Edgar Hynes over drinks. Hynes defends his handling of the case, and as he gets up to leave, Adam asks about the judge's wife, and mentions that they might all be able to get together for a trip on the judge's boat. Hynes tells Adam that his wife filed for divorce and that he had to sell the boat. Later, a very troubled Adam tells McCoy to look into Judge Hynes. They find that Judge Hynes specifically requested the Nicodos trial and that he had received a $600,000 second mortgage with a super low interest rate (saving him $300,000 interest), even though he had little equity in the house, and had loads of debt. They find out from the bank that Elaine Nicodos had interceded with the bank on the judge's behalf, and that she made it clear that if the judge didn't receive preferential treatment from the bank, she would take her many millions of dollars to another bank.

The police bring in Judge Hynes and Adam Schiff interrupts the questioning, sending everyone from the interrogation room, including the judge's attorney. Hynes tries defending himself, but Adam bluntly tells him that he personally authorized the arrest warrant for Hynes. The judge admits that the divorce had financially crippled him and that Elaine Nicodos offered to help him with the loan. A badly shaken Judge Hynes begs Adam for help, but Adam tells him he will go to prison, as after all, he was willing to let a killer of three people go free. Later, McCoy meets with Elaine Nicodos and Mr. Rothenberg. McCoy explains to Elaine that her bribery of the judge is a serious charge, but she says she doesn't care, because it saved her remaining son, and that McCoy can't do anything to him now. But McCoy tells them he's going to have Peter arrested and that he's reinstating the murder charge. Rothenberg fumes at McCoy about "double jeopardy," ** but McCoy tells him, he isn't worried about it.

McCoy and Rothenberg go before a judge hearing their arguments about "double jeopardy." McCoy successfully argues that "double jeopardy" doesn't apply, because the defendant was never in jeopardy, as "the judge was bribed, the fix was in." Peter and Elaine Nicodos and Mr. Rothenberg meet with McCoy, who offers Peter a minimum sentence of 25 years before he can be considered for parole, which brings a scoff from Rothenberg, who prepares to leave with Peter. Then McCoy tells them he will prosecute Elaine Nicodos, which can get her a 25 year sentence, but that he'll take 12 years for her (she's older, so you can infer that this is like a life sentence). Peter tells McCoy he'll plead guilty and serve the 25 year sentence, if McCoy drops the charges against his mother. McCoy accepts. Later, as McCoy, Claire Kincaid (played by Jill Hennessy) and Adam discuss the case, Adam takes a brief phone call. When he hangs up, he tells the other two that Judge Hynes was found on the beach with a gunshot to the head. Kincaid was just about to have a drink, Scotch I think, and Adam tells her to "Bring that over here."

* The "Law & Order" series was noted for tying stories to the times, and this episode includes this element about Edward Nicodos starting a computer magazine. While that wouldn't cause anyone to even blink an eye now, when this episode was filmed in the mid 1990s, such things were not common, and this use of the Internet for a magazine published exclusively online was relatively daring, and the fact that the magazine is struggling shows how society had not yet adjusted to the new technology; a pretty accurate depiction by the writers of this episode. Printed newspapers and magazines sold by mail, home delivery or newsstands were still very much the way publications were marketed. 

** In the legal system, "double jeopardy" prevents people accused, or even convicted, of a crime from being charged and put on trial more than once for the same crime. Randy is charged with stealing a cookie from a vending machine, but he is acquitted. Law enforcement then discovers there is a video of Randy actually stealing the cookie. Randy can't be charged again. I guess that's how the cookie crumbles... Damn that cookie was good! Further, if Randy were actually convicted and got a sentence of 30 days in jail, but the prosecution felt that was too lenient, the prosecutor can't retry Randy for the same stolen cookie in an effort to get a 90 day sentence.
  
Photo is from the 2008 Edition of the Universal Home Entertainment Law & Order Sixth Year DVD box set

 WORD HISTORY: 
Joke-This word is related to the first part of the word "jeopardy," a word borrowed by English from French. It goes back to Indo European "yek," which meant, "to speak, to utter." This gave its Italic offspring "joko/ioko," meaning, "something said, an utterance," but also, "something said in jest." This gave Latin "iocus," meaning, "a joke, amusing entertainment." This was borrowed by English in the 1600s (mid 1600s? alternate spelling "joque?"), meaning, "something said to provide amusement, especially something said to bring about laughter." Later, by extension, the meaning included, "something or someone not to be taken seriously (often, but not always, meant disparagingly)."   

Mr. Smith Goes To Washington & American Ideals

This 1939 film was produced and directed by Frank Capra, who had been born in Italy, but came to the United States as a kid. Capra often liked to show average people standing up against crooked and power grabbing business people. But he also showed how taking a stand against ruthless and powerful interests can be tough and downright dangerous, and that doing the right thing can be painful. 

In "Mr. Smith Goes To Washington," one of a state's U.S. Senators dies, just as an important bill is about to be voted upon in Congress. Jim Taylor, played by Edward Arnold, is the state's major businessman and the controller of a political machine there. He agrees to the appointment of Jefferson, "Jeff," Smith, played by Jimmy Stewart, a patriotic adult leader of a group for boys, called the Boy Rangers. Smith is filled with idealism about the United States and is a great admirer of Abraham Lincoln. Taylor wants the state's other senator, Joseph Paine, played by Claude Rains, to tell the young appointee how to vote, especially on the pending legislation, as there is a special clause in one section about a dam that will financially benefit Taylor tremendously. Years before, Paine was the best friend of Smith's father, and together they fought injustices, often losing, and earning for themselves the title, "Twin Champions of Lost Causes." Jeff's father, a publisher of a small newspaper, was shot in the back during a campaign he undertook for a miner against a mining syndicate. Paine, a lawyer, lost much of his idealism after his friend's murder and buckled under to the pressure and chose to support Jim Taylor, who not only got Paine elected to the Senate, but got him reelected a couple of times. Although Paine became a well respected senator, most people didn't know he was, and is, so beholden to Taylor for his position.

Jeff Smith is enthralled by the sights when he arrives in Washington, and he wanders off to visit various historical sights, including the Lincoln Memorial. He finally turns up at his office, where he meets his aide "Saunders," played by Jean Arthur. She has been around Washington for some time, making her cynical and fed up with the games played and with the corruption, so she wants to leave, but after she meets Jeff, she sees that he is a decent man who will need help to learn the ways of the Washington political establishment. Senator Paine and Jeff reminisce about Jeff's father, which hits home to Paine's former search to do right, even for lost causes. The new senator tells Paine he wants "to study the bills" to be voted on, which takes Paine back a bit, fearful that Smith will learn about the special section on the dam in their state. Paine tells Jeff he will instruct him on how to vote. He also tells Jeff to write and introduce a bill of his own on a new boys' camp in their state, which gives Smith a lot of excitement. He wants the government to put up the money for the camp, and then be repaid from contributions by kids from all over the country.

Saunders begins the process of helping Jeff draft his new bill, but when Smith tells her the new boys' camp will be around Willett Creek (often pronounced colloquially as if, "crick"), Saunders is startled, as she is already aware of the dam to be going there (she had worked for the recently deceased senator, who also was under Taylor's thumb). She doesn't tell Jeff, but she gets a reporter friend of hers, "Diz," played by Thomas Mitchell, to show up for the next day's session in the Senate, when Smith will read his bill, including its location on the land around Willett Creek. She tells Diz to keep his eyes on Senator Paine and on one of Taylor's henchmen, who is seated in the visitor's gallery. Sure enough, when Smith utters the words "Willett Creek," Paine immediately leaves the Senate floor and the other man leaves the gallery. The savvy Saunders knew exactly what she was talking about (everyone calls her by her last name, "Saunders," but her first name is "Clarissa"), and she finally tells Jeff about Taylor and about the dam being a crooked deal for Taylor to profit. When Smith goes to Senator Paine and tells him, the senator advises Jeff him not to interfere, as there are powerful interests involved.

Taylor flies to Washington and meets Jeff Smith. The ruthless, greedy businessman tells the young senator he wants him to cooperate, and in return, he will make sure he is a senator for as long as he wishes. The honest and idealistic Smith is unimpressed, and thus he begins a battle against the tremendous power of Jim Taylor. Jeff goes to Senator Paine and tells him what Taylor has said, but the next day, when Smith rises to tell the Senate about the crooked deal included in the bill, Senator Paine asks Smith if he will yield the floor, which he immediately does, because it is Senator Paine asking. Now the new senator begins to learn what he is up against, as Paine tells the Senate he has information that the land for Smith's boys' camp is owned by Smith, who will benefit greatly from the camp going there; thus, making it look as if Jeff is taking money from kids for his own benefit, as kids are already sending contributions to pay for the camp. Unknown to Jeff and to the Senate, Taylor has had the land records changed to show Smith as the owner. With the respected Senator Paine now speaking out against Smith, the senators want to expel Smith from the Senate. Taylor, through Paine, has witnesses appear before a special Senate committee and testify against Smith. Jeff is so distraught by the lies and forged documents, he leaves the hearing and goes to the Lincoln Memorial. He feels betrayed and stupid at allowing himself to be set up, and for believing in American ideals, but the once cynical Saunders shows up, figuring he will be at the memorial, and she gives him a good pep talk, telling him that his hero, Mr. Lincoln, had his Taylors and Paines to contend with too, and that he would want Jeff to "root out the Taylors into the open." With his spirit restored, the two devise a strategy.

In this battle, Jeff is helped along by Saunders, who sees someone she likes for his honesty and decency, and also a man to whom she has taken a fancy. Senator Paine is stunned the next day when Smith calls out "HERE," in answer to the roll call. Saunders sits with Diz in the Senate gallery and periodically gives signals to Jeff to help him along with the Senate rules. When the Senate is about to vote on his expulsion, she signals to Jeff, and he rises to be recognized by the chair (Senate president), when another senator rises at the same time to try to prevent Smith from being heard at all. After some comments back and forth, and a cry from the gallery by Saunders to, "Let him speak," the President of the Senate,* played by Harry Carey (Sr.), recognizes Senator Smith, and we're off to a filibuster.** Smith tells the senators that he will speak to the people of his state from the floor of the Senate and he proceeds to tell them about Taylor and his political machine, and how he saw three congressmen in Taylor's hotel suite when Taylor met with him. Senator Paine is so respected, the other senators still believe Smith is the bad guy. The first dent in the Taylor/Paine armor comes when Paine rises and accuses Smith of tying him to corruption. Smith speaks up and says he had said no such thing; that he never said Paine was in Taylor's room, but inadvertently, Paine blurts out, "I was in that room." This brings gasps from many, but Paine quickly tries to explain it away by saying what an honorable man Taylor is and that he met with him simply to receive the evidence against Smith from him. As the situation goes on, Paine has pangs of conscience, but he can't bring himself to go against Taylor, as he is in so deep with him, something he is reminded of by Taylor, who tells him that if anybody starts believing Smith, "you (Paine) just as well blow your brains out." Taylor has his men back in his home state make sure all of the newspapers and radio stations (no television back then) speak out against Smith and not publish or report anything Smith is saying in Washington. He also has them send telegrams condemning Smith. When Diz learns what is happening, he tells Saunders, who calls Jeff's mother and has her and the Boy Rangers use the club's little printing press to print leaflets telling the truth. Taylor's men confiscate the leaflets, often smacking around some of the boys in the process. Taylor's men even use vehicles to run over and destroy the kids' wagons used to distribute the leaflets.

Meanwhile, Smith talks for hours, reading the Declaration of Independence and the Constitution. Saunders receives a call from Jeff's mother telling her how boys have been hurt by Taylor's men all over Jeff's hometown. Inside the Senate, the final showdown is near, as Paine has baskets full of anti-Smith telegrams brought into the Senate chamber. Jeff glances at several telegrams, and disheartened, he looks at the Senate president, who gives him a smile, prompting a slight smile from Jeff in return. Worn out and with a weakened voice, Jeff says, "I guess this is just another lost cause... You people don't know about lost causes, Mr. Paine does. And he fought for them once." He stands right before Paine as he continues to remind Paine of his younger days, when, as a young lawyer, he, and Jeff's father, took on rich and powerful interests to help those with little or no money. With the whole Senate watching and listening, Jeff tells them they think he's licked, but that he plans to continue the filibuster until someone listens to him, but he collapses. Paine dashes from the Senate floor. As some members try to revive Smith, gunshots are heard, with the scene then shifting to a room outside the Senate chamber, where a senator or two are trying to stop Paine from shooting himself. He screams that he's the one the Senate needs to expel, that he's not fit for office or fit to live. Paine charges out onto the Senate floor screaming, "Every word that boy said is true, expel me, not him!" The audience cheers and the President of the Senate leans back in his chair and smiles.

* By the Constitution, the President of the U.S. Senate is the Vice President of the United States. For times when the vice president is not present, the Senators will have chosen a "temporary president" (actually in the Constitution in the Latin expression, "pro tempore;" that is, "for temporary time," or, "for the time being"). This temporary president is an actual member of the Senate and can, therefore, vote on any and all matters before the Senate. The vice president is NOT a senator and can only vote if there is a tie. While the film never makes it clear, "apparently" the role played by Harry Carey is that of the Vice President of the United States.

** A "filibuster" is "a deliberate, but proper, delay of proceedings in a legislative body, often to prevent a vote on some issue, and/or to gain time to make a case on the issue." In the U.S. it is most commonly associated with the U.S. Senate. While the movie depicts only Senator Smith as launching the filibuster, more than one person can participate, and this gives the filibuster more chance to continue, as each participant can pass the floor on to another participant; thus, each gets a rest period. During a filibuster, participants may talk about matters TOTALLY beyond the subject at hand in the legislation. 

Photo is of the 2008 Sony Pictures Home Entertainment DVD 

WORD HISTORY:
Creed-This word, distantly related to "cardiac" (a word borrowed by English from French, which had it from Latin, which had borrowed it from Greek) and "credit" (a word of Latin derivation borrowed by English from French), but also, "heart" (an original English word of Germanic derivation), goes back to Indo European "kerddeh," which meant, "to put into the heart;" thus, "to believe," as the heart was judged by many of our ancient ancestors as the center of emotion and belief (root of "kerd" being the ancestor of "heart, credit and cardiac," and several more words). This gave Latin "credere," meaning, "to believe," the first person singular of which, "credo," came to be used as a noun (beside the verb form) to mean, "religious belief," initially, "Christian belief, set of Christian beliefs." This was borrowed into Old English as "creda," with the same meaning. This then became "crede," before the modern version, and the meaning broadened beyond religious beliefs. 

"The Third Man," One Of The Great Films

"The Third Man" is a British produced, although with assistance from American David O. Selznick, black and white suspense film set in Vienna after the end of World War Two. It is often seen on lists of the greatest films ever. The movie's music, played only on a zither, remained a popular song in the 1950s and 1960s. Most of the film was shot on location right in Vienna, with the rubble and devastation of the war still all around. The city was a hot spot for corruption, as people trying to survive the aftermath of the war would wheel and deal to get the necessities of life, or more. Vienna, like Berlin, was divided into occupation zones by the Allies, along with joint control by the victorious powers of the central city. Also like Berlin, Vienna became a center of espionage during the increasing tensions between "the Western Allies" and the Soviet Union.

The story centers around an American writer, Holly Martins, played by Joseph Cotten, who goes to Vienna to see his friend, Harry Lime, played by Orson Welles, only to learn that Lime had been hit and killed by a vehicle not long before Martins' arrival. British military authorities tell Martins that Lime is a ruthless con man involved in the theft of scare penicillin, having the antibiotic diluted and then sold on the black market. The dilution of the drug made it ineffective to treat many ailments, costing literally life and limb for many a person, including children. Martins only knows Harry Lime as a friend and he seeks to refute the charges against Lime by conducting his own investigation, along with help from Lime's girlfriend, Anna, played by Alida Valli, to whom Martins takes a liking. One witness tells Martins that there was "a third man" at the scene of Lime's death, something denied by other witnesses. It is tough to write much more about this film without giving away some of its twists and turns for those who have not seen the movie, so I will leave it here, except to say there are scenes which include the Wiener Riesenrad (Vienna Ferris Wheel) and, believe it or not, the Vienna sewer system. That last is a clue to the story. I think you will likely agree with many of the lists which include this film as one of the greatest ever. Oh... and after watching it, try getting the theme song out of your mind! If you've seen the movie before, it is well worth seeing again ... and again. The film won the Academy Award for Best Black and White Cinematography, and it was nominated for Best Director (Carol Reed) and Best Film Editing.

The photo is from the DVD from Korea (don't panic, it is in English. If you only speak Algonquin .... PANIC!!!)

WORD HISTORY:
At-This common word goes back to Indo European "ad," which meant "near, to, at." This gave Old Germanic "at," with the same meanings. This gave Old English (Anglo-Saxon) "æt," which meant "to, toward, at." This later became "at," and it has remained such for many centuries. The other Germanic languages have: German once had "az," with the "z" pronounced "ts," but the word died out. Low German Saxon has "at," which means "when, as," but I'm not really sure if this is the same word in heritage, or if it is just another word that developed that spelling. Dutch also lacks a modern version, as does West Frisian, but the much diminished North Frisian dialect of Frisian has "et," meaning "at." Danish has "at," which means "to," Icelandic has "að," which means "to," and Swedish and Norwegian both have "åt," meaning "to, towards, of."