Law & Order UK Season 3 Episode 3 Defence
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00:00Executors who prosecute the offenders, these are their stories.
00:12Those were his exact words.
00:14Yeah, all the fuck?
00:15What am I doing with someone who'll justify people to the problem with his numbers?
00:18Besides which, a minute and a half? Ask anyone.
00:22Yeah, maybe you know he went out to pray, but I'll never make that mistake ever again.
00:25What, and he thinks he's enough?
00:27I know! With those chicken legs.
00:29You know, from now on, I'm just going to concentrate a lot.
00:32I need to take some time, I'd think about what I really want.
00:36Good for you.
00:37Okay, chat, fella. See you later, guys.
00:50Alright, hungry people? Come and get it!
00:57Three dead and one serious head injury.
01:13Joanne Ellis, one of the customers, is in a pretty bad way.
01:17Right, okay.
01:18What's this? Age before beauty?
01:22Something like that.
01:34Joy?
01:35Take it you're here for the tour.
01:37Kelly Scott, one of the sales assistants. Only started yesterday.
01:44Um, this one's a customer. Driving license IDs are as Linda Bowers. Works in a cake shop nearby.
01:54That's the owner, Stephen Marks. Been trading just under a year.
02:00Who found them then?
02:01The other sales assistant, Paul Dean. Came back after his lunch break.
02:07And got the fright of his life.
02:09So, what is this? Some sort of glorified charity shop? Or what? Vintage designer, apparently.
02:16Not your average tat.
02:18Bloody hell, say. Look at that.
02:21200 quid.
02:23Should've flogged some on me old threads.
02:25You're looking for a masked man. May answer to the name of Zorro.
02:30A sword?
02:31You've got some really deep stab wounds. Not to mention a lot of wild slashing and gashing.
02:38Shame the cameras are dummies. Must've been quite a show.
02:42So, we're looking for a homicidal maniac wielding a sword in the public place.
02:47What a nightmare.
02:55how one is the seller.
02:57It's all yes?
03:05How four?
03:10How four?
03:15How four does this call?
03:22How four?
03:23I was going to meet a friend.
03:49I was only gone for 30 minutes.
03:5140 minutes max.
03:55Has your boss been having any problems with anyone lately?
04:00Stephen.
04:02I don't think so.
04:04I mean, we had this couple in this morning, but...
04:07What couple?
04:08Italian.
04:10I thought they were tourists.
04:12The bloke got me and chaining the leather jackets for him.
04:17Stephen called the girl, put stuff in her bag,
04:20started shouting in Italian.
04:22And then what happened?
04:24Stephen said he was going to call the cops and elect her.
04:29Okay.
04:30Have you got a discreet room for us?
04:32Yeah.
04:38She was a sort of young Nancy DeLolio.
04:42He was a tender maker.
04:45I didn't get it.
04:47Why would someone do this?
04:50I don't know, son.
04:53I really don't.
04:54The DI has called a press conference in half an hour asking for anyone who was in the area to come for me.
04:59Oh, well, that's Andy.
05:00Just a couple of thousand tourists and shoppers then.
05:03So how come we got no witnesses?
05:05Precisely.
05:06I mean, whoever it was has got to have been covered in blood,
05:09not to mention they were carrying a bloody great sword.
05:12Matt, this city is full of people walking around with blinkers on nowadays.
05:17Common Garden is also full of people standing around in gold paint, fiery and all juggling.
05:22So he might not have stood out that much.
05:25And he's still out there somewhere.
05:26Which is the really scary part.
05:29Evelyn.
05:31And you're a star.
05:36Gianni Petroni and Leah Rossi picked up outside Selfridges with around six grand's worth of designer clothing.
05:45And we're sure these are the same too?
05:47You're witness ID'd them.
05:49Apparently Miss Rossi's dress is one she stole earlier.
05:52But I'm not getting homicidal maniac, that's for sure.
05:58No, me neither.
05:59But there's just a chance they saw something.
06:02Though up to now they've not been very cooperative.
06:05Oh, let's get in there and give them some encouragement.
06:09Whatever it takes.
06:13Commissioner Callaghan wants early updates.
06:15And once the media frenzy starts, our job's going to get even harder.
06:19So anything you can get out of these two.
06:21Anything at all.
06:23Yeah, we'll talk to him.
06:24Do we need an interpreter?
06:26I doubt it.
06:27Never end, Phil.
06:29I'm telling you.
06:31I didn't see anything and I didn't hear anything.
06:34But you admit you were in the shop.
06:37And you threatened Stephen Marks.
06:39Threatened him?
06:40Shut up!
06:40And less than two hours later he was dead.
06:44Maybe you went back there.
06:45You thought that he could identify you from the CCTV tapes.
06:49Tapes?
06:50What tapes?
06:51You knew?
06:54The cameras aren't even real.
06:56Three people.
06:57Three people, Gianni, left lying in their own blood.
07:01One girl's head was nearly severed from her body.
07:03Right, look, I know, okay?
07:05I told you we had nothing to do with that.
07:08You know, if we'd been there half an hour later, that could have been us.
07:11Do you have any idea what that feels like?
07:14It must be terrifying.
07:17So I'm asking you again, where did you go after you left the shop?
07:20I told you.
07:22I don't remember exactly.
07:24Well, we know you ended up in Oxford Street.
07:26Did you go straight there?
07:27I'm not sure.
07:29Look, I don't care if you turned over half the shops in Covent Garden.
07:33I just want to know where you went.
07:37Leah, what about Gianni?
07:41Was he with you all the time?
07:43Gianni's the last person you should be harassing.
07:45Who would you suggest?
07:48How about the crackhead in the alley, for a start?
07:52What crackhead in the alley?
07:54A total nutter.
07:57Kept banging his head against the wall.
08:00So, what do we think?
08:03About the convenient crackhead.
08:05It's about the only bit of the story they agree on.
08:09Let's get on to all the drop-ins and shelters with a description.
08:12And if these two can't pick them out of wads, then get them to do an e-fit.
08:17And keep them apart, yeah?
08:20Strictly no conferring.
08:29Well, they're not exactly twins, but they could be related.
08:32They could also be half the homeless guys in London.
08:35Can forensics narrow it down?
08:38Apparently not, Gov.
08:39The Prince, with just a mass of smudges.
08:42But they have come up with a profile of the weapon.
08:48A single-edged blade, probably military.
08:51Comparisons were run.
08:52The closest comparison they do have is a U.S. Army-issued bayonet, circa 1950.
09:01So, Chandler.
09:04Oh, great, thank you.
09:08Joanne Ellis has regained consciousness.
09:10Just give her some time.
09:22Okay.
09:24Blade ripped her scalp and dug a trench in her skull.
09:30Joanne, um...
09:31When the woman screened, where were you?
09:39Trying on a dress.
09:44There was a woman on the floor.
09:51A man hit me.
09:53The man, did you see his face?
10:01And Joanne...
10:03I'm sorry, sweetheart.
10:04I'm going to, um...
10:07I'm going to show you a picture, okay?
10:11If it looks like the man, just let us know.
10:14Okay?
10:15Yes.
10:24All right.
10:25Anything?
10:26Nah, more of the same.
10:28What's the word from uniform?
10:31Still going door to door.
10:32Nothing definite to report.
10:35Just seems round here the homeless really are invisible.
10:37So we reckon?
10:38Keep on going?
10:39Meet up in organic beauty?
10:40If we must.
10:48You going to buy that?
10:51I wouldn't know whether to wear it or eat it.
10:53Look.
10:54Um, can I help?
10:58Yes, actually, you can.
11:00We're looking for some information regarding the fatal incident in Brewer's Alley.
11:06He said in the papers that it was completely random, that he could strike again at any
11:10time.
11:11Is that true?
11:12Well, we're advising everyone to be cautious.
11:16Yeah.
11:16I'm sorry.
11:17Do you, uh...
11:18Would you happen to recognise this man?
11:21He, uh...
11:22You might have seen him wandering around the area yesterday.
11:25No, not yesterday, but the day before.
11:28He was standing right outside the door there.
11:30Just kept looking in.
11:32Thought he might be watching one of my customers.
11:34Well, any customer in particular?
11:36Um, a pretty girl, blonde, which comes in quite a lot.
11:42Actually, she signed up for my mailing list.
11:45I teach yoga a couple of nights a week.
11:48Oh.
11:49Yep.
11:50Linda Bowers.
11:55Is she one of them?
11:57I'm afraid so, yeah.
11:59Oh, poor girl.
12:02So, it wasn't random?
12:03Doesn't look like it.
12:06No, our mystery man was after Linda Bowers.
12:08Yeah, that's the guy.
12:14The girl called us round 10-ish.
12:16Said some weirdo had followed around from work.
12:19What, from Neal Street to Southwark?
12:21Yeah.
12:23By the time we got there, he was gone.
12:26But we did a drive-by a couple of hours later,
12:29and there's Charlie standing across the street walking in circles.
12:33Any ID?
12:35Afraid not.
12:36No wallet, no driving license,
12:38and he didn't want to give us his name.
12:40You didn't bring him in?
12:42It wasn't like we could charge him with anything.
12:44So we decided to relocate him.
12:47Sorry?
12:48You know,
12:50like what they do with Bears.
12:52Drove him back across the river in Dunton.
12:55Thought at least that way he couldn't do any harm.
13:00Bears?
13:01Are you telling me he was picked up for harassing one of the victims
13:05and we still have no idea who he is?
13:07It's like he doesn't exist.
13:09No name, no fix to boat, no nothing.
13:12You do know that Callaghan's pressuring me to release the e-fit to the media.
13:16Oh, you know what?
13:17That might not be such a bad idea.
13:19How many homeless guys are there in woolly hats out there?
13:23We've been buried alive under reported sightings,
13:26not to mention the chances of the wrong bloke getting lynched.
13:29All right.
13:30Hello, Ronnie.
13:31Sorry, are we keeping you from your afternoon tea?
13:35No, not at all.
13:36Sorry, God.
13:37I was thinking about the bayonet, right?
13:39I mean, he didn't have it on in Dilly
13:41when Nit and Wit took him for his ride across the river,
13:43so he must have got hold of it last week, right?
13:46It's not the kind of thing you find in a skid, are you?
13:48No.
13:49No reports of any bayonets being stolen in the Greater London area?
13:53What if we went to the dealer's direct
13:55to see if any of them have been carrying any unofficial 20th century items
13:59and let it go?
14:00Yeah.
14:01It turns out Matt has got a secret stash of antique muskets.
14:04You know, I can see that.
14:08Yeah, that sounds right.
14:09Compatible with an M1 rifle, yeah?
14:11This was last week.
14:15Okay, thanks.
14:16You've been very helpful.
14:19Float comes up to Colment Garden first Monday of the month.
14:22Says he had a mint condition M1 bayonet
14:26nicked from his stall by some homeless wanker.
14:31Our homeless wanker?
14:32Right down to his woolly hat.
14:34Tried to buy it with some vouchers.
14:37And when that didn't work, he smashed the case and nicked it.
14:40Vouchers?
14:40Yeah, he reckons it was for some night shelter.
14:45He had a whole stack of them.
14:46Seeked to think it was a checkbook.
14:47That very much resembles John.
14:53And John wouldn't happen to have a last name, would he?
14:56We only know him as John.
14:58Though I believe some of the regulars call him Zero.
15:00As in Bravo 2-0.
15:04From Zorro to Zero.
15:07Uh, do you mean he's ex-military?
15:10No, no.
15:10John's more a one-man army.
15:13But he likes to wear the clothes, the boots, all that sort of thing.
15:18I'm sorry, what is this about?
15:21Well, unfortunately, John is a suspect in a murder investigation.
15:28John?
15:28That can't be right.
15:31Well, has he been in recently?
15:34No, not for a few days.
15:35The last time was Thursday, I think, for breakfast.
15:39And do you know where he goes when he's not here?
15:42Well, I'm sorry, I don't...
15:43But are you certain this is the person you want?
15:46Well, it's starting to look that way.
15:49I'm very surprised by this.
15:51He doesn't use drugs, and he's never violent.
15:56Sometimes he's a little confused, perhaps.
15:59But he struck me as an educated sort of man.
16:05Not dangerous in any way.
16:08Excuse me.
16:09Thank you, Father.
16:15So, sometimes he's a bit confused.
16:19Yeah, when he's not banging his head against the wall.
16:21If you ain't a crackhead, he's a nut job.
16:23Yeah, I know him.
16:28Usually wears army fatigues.
16:29Name's John Smith.
16:31You're kidding.
16:33If you're the name he gave us.
16:35Interesting guy.
16:36He recognised my tattoo.
16:38Krista.
16:39Means truth in Aramaic.
16:42John always said it was the language of the common people.
16:45So, he was a regular, yeah?
16:48He was.
16:50According to this, he hasn't picked up his prescription in nearly three months.
16:55That's not good.
16:57What's he on?
16:58Risperidone and carbamazepine.
17:00He's for schizophrenia.
17:02They tried him on the weekly injections, but he just kept missing the appointments.
17:06What happens when he doesn't take them?
17:08Delusions.
17:10Psychosis.
17:11Possibly full-blown mania.
17:13Schizophrenics aren't necessarily violent, though, are they?
17:17There's always the exception that proves the rule.
17:21Is John in trouble?
17:22I'm afraid so.
17:24Do you have any idea where we might find him?
17:28Most of these guys register using the clinic address.
17:31So, how do they pick up a prescription without an ID?
17:34They have a badge with a temporary NHS number.
17:37Although, John had his nicked a while back, so he just uses his Westminster library card.
17:43He has a library card?
17:45Yeah.
17:46A lot of them do.
17:47Some of them even read the books.
17:57He's been in ancient history since we opened.
18:00Same as always.
18:01We thought trying to evacuate the building would arouse his suspicions.
18:05No, you were quite right.
18:06You've had no problems with him in the past?
18:08No, none.
18:09He just comes to read.
18:10Right, lads, get people out as quickly and quietly as you can, okay?
18:14Whereabouts is he?
18:15He's in the far corner.
18:17Great.
18:36All right?
19:04Matt, he's coming your way.
19:15Just take it easy, John.
19:16Take it easy, man.
19:17Get away!
19:18Brad, please stop!
19:20John, listen.
19:21Hang on, John.
19:22I can't hear you.
19:23I'm not listening.
19:24I can't hear you.
19:25No, I'm not listening.
19:26I can't hear you.
19:27I'm not listening.
19:28Someone's got to get hurt.
19:29I'm not listening.
19:30No, no, no, no, no, no.
19:34John Smith, arresting you on suspicion of the murder of Stephen Marks, Kelly Scott and
19:40Linda Bowers, and the attempted murder of Joe and Ellis.
19:43You do not have to say anything that may harm your defense if you do not mention when questioned,
19:47something which you later rely on in court.
19:51Anything you do say may be used in evidence.
19:53Oh, ma'am.
19:54Oh, ma'am.
19:57Oh, ma'am.
19:59Oh, ma'am.
20:01Oh, man, son.
20:06You limping?
20:08No.
20:09I am a captain in Jabin's army.
20:15I fought in the Kishon River.
20:18Okay?
20:19Okay?
20:20Calm down.
20:23That's my system.
20:27They drive wireless HD to work and they're still hungry.
20:39Worst thing is, after a while, it almost starts making sense.
20:45Are we even sure about his name?
20:47We're running his prints through the system.
20:50Okay.
20:51So, let's set up a video ID and get in the eyewitness.
21:01No.
21:06That's him.
21:09Smith's sister wants him back on his drugs as soon as possible.
21:14Fine, but we charge him with murder first.
21:16So, he's agreed to have a solicitor then?
21:19Well, as far as we can tell.
21:20We've got a match on the prints.
21:22So, why have we previously had the pleasure?
21:25John Patrick Smith.
21:27One arrest for stalking a woman 16 months ago.
21:31The original charge was threats to kill,
21:33but the CPS reviewed the evidence and amended it to Section 2, Simple Harassment.
21:39Aye.
21:40He got a 12-month supervision order and paid 200 quid in costs.
21:44Might as well give him a miles bar and a pat on the head.
21:47So, what are the chances of nailing him this time then?
21:49Oh, well, do I resign now or do I wait for this hits the papers?
22:00According to the file, the original charge was way over the top.
22:03And the police didn't have the evidence to support harassment, fear of violence, let alone a threat to kill?
22:08Well, at the time, Smith had a job.
22:11Doing what, for heaven's sake?
22:13Marking legal exams for undergraduate exam boards.
22:16God, help us all.
22:18His defense never referred to his mental state, and the prosecution missed it.
22:23My God, Jim.
22:25The Home Secretary's hyperventilating as it is.
22:28If the press find out that we had this guy and then we let him go...
22:32Smith's solicitor's withdrawing from the case.
22:36And so the madness begins.
22:38He informed me that he no longer requires my services.
22:42So, who's representing him?
22:44John Patrick Smith.
22:46M.A. from Oxford, Master of Laws from Cambridge, not to mention his Ph.D.
22:51And he did mention it several times.
22:54You're not serious?
22:55Oh, yes.
22:56The lunatic has officially taken over the asylum, and he knows his rights.
23:01As long as he's fit to stand trial, he's fit to represent himself.
23:05I've seen him.
23:06He's not fit for anything.
23:08If he represents himself, this trial will be a farce.
23:11Well, it's listed for mentions, though.
23:12You might want to bring it up with the judge.
23:15Don't worry, I will.
23:19Mr. Steele, it is usually the defense who raised the issue of mental competence.
23:26I know, but given the unusual circumstances.
23:29Very well.
23:30Mr. Steele, it says here that you have a history of schizoaffective disorder.
23:40That's correct, Mauer.
23:42Since the age of 23.
23:44I'm prone to manic depression, paranoid delusions, and hallucinations.
23:54Unless I'm taking my medication.
23:56And are you currently taking your medication?
24:00Yes, my lord, ever since my arrest.
24:03And I understand you wish to represent yourself?
24:08Yes, my lord.
24:12I have a first-class law degree from Oxford, as I believe to you, my lord.
24:18Also an LLM from Cambridge and a PhD in jurisprudence.
24:23Without proper counsel, Mr. Steele will be at a distinct disadvantage.
24:27There's also a good chance he could suffer another psychotic break.
24:30In which case, the trial will collapse.
24:32We'd be right by where we started.
24:34But as Mr. Steele is aware, that's an irrelevance.
24:41Unless prosecution can establish incompetence at this precise moment,
24:46then the trial must go ahead.
24:47In which case, subject to medical confirmation
24:54of the defendant's fitness to stand trial,
24:59we shall proceed.
25:02There's one more thing, my lord.
25:04As Mr. Steele pointed out, I will be at a disadvantage.
25:08Perhaps to level the playing field,
25:11I might conduct my defense from counsel as well.
25:14Mr. Steele?
25:15Uh, I don't think it's at all appropriate, my lord.
25:21The defendant is already in custody.
25:25I will allow it.
25:27As you say, Mr. Steele, these are unusual circumstances.
25:33200-page application to dismiss.
25:37I don't know if we should prosecute him or offer him a job.
25:40I don't understand.
25:43Why is he not going for this insanity plea?
25:46He thinks he can prove we've got the wrong man.
25:48Well, that's never going to work.
25:50I wouldn't be so sure.
25:51He's challenging every piece of prosecution evidence.
25:54The apprentice won't be in a roster to dismiss
25:56against a homicidal schizophrenic.
25:58He won't give you an inch either,
26:00and he won't be swayed by public opinion.
26:02I have a vitriolic.
26:05I'd be happier if he could only find something resembling a motive.
26:08Well, according to Joanne Ellis' statement,
26:11he didn't give any sign he even knew who Linda was.
26:14Talk to her again.
26:17And didn't Smith give a sister as his residential address?
26:20Yeah.
26:21I want to meet her.
26:24Remember, it's not just Smith and the dog over this one.
26:28Radio.
26:30TV.
26:31Go easy on the make-up, George.
26:33George.
26:38There was lots of screaming.
26:43There might have been words.
26:47Do you have any idea what those words could have been?
26:52Something like live forever.
26:58Maybe life forever.
27:00What does it matter what he said?
27:03The man's a lunatic.
27:05You'd have heard him in court last week.
27:07You might not be so sure.
27:10They said in the paper he's got a law degree.
27:14Yes, he has.
27:17That boy got let off the first time.
27:19Because he was one of your own?
27:21Absolutely not.
27:22It was nothing like that.
27:24That the trouble was the prosecution just didn't know enough about him.
27:28They knew you were stalking a woman.
27:31Didn't that give them some clue there was something wrong with you?
27:39Miss Ellis, I can't imagine what you're going through.
27:43You and Joanne.
27:47I want you to know how sorry I am.
27:50And that makes it all right.
27:52As long as you're sorry.
27:54You lot had him when you let him go.
27:58And now, my little girl, every...
28:05Yeah, well...
28:07We've got ourselves a lawyer too.
28:10Us and the other families.
28:12And he's advised us to take a civil action against the police and the CPS.
28:19You let us down, Miss Phillips.
28:22And someone's going to pay.
28:28When I talked to my brother last month,
28:32he didn't mention Linda Bowers.
28:35He called because he'd overheard...
28:37Someone plotting to kill our parents.
28:41Our parents died three years ago.
28:43The woman he injured heard him shout the words,
28:47Life forever?
28:49She probably said the wife of Heba.
28:51It's from the Old Testament.
28:56She lured Cicero, an army captain, into her tent with food
28:59and then stabbed him through the temple.
29:01Does this have a particular relevance for your brother?
29:04Johnny went through a religious phase as a teenager.
29:12When he developed schizophrenia,
29:15he accused his girlfriend of putting needles in his brain.
29:20He called her the wife of Heba.
29:22Was he ever violent towards his girlfriend?
29:27He tried to strangle her in his room at Oxford.
29:30The next day, he was admitted to hospital for six months.
29:37So there's your motive.
29:38I only wanted to find out about his behaviour.
29:44Oh, really?
29:46Because last time Johnny was arrested,
29:48I kept trying to tell someone that he needed to be in hospital.
29:53That he needed supervision and support
29:56to help him stay on his medication.
29:58But surely, given that history,
30:00there must have been some way to get him help.
30:03What would you suggest?
30:06Have him locked up?
30:08Have him forcibly injected with anti-psychotics.
30:13Unfortunately, the mentally ill have rights too, Mr. Steele.
30:18I'm sorry.
30:19It's just...
30:20For 15 years, I've known something like this was coming.
30:25And there was nothing I could do to stop it.
30:28This is not about money.
30:30I won't pretend that a trial like this isn't expensive.
30:33Of course it is.
30:34But at the end of the day,
30:35you're faced with a choice between
30:37a public expenditure that is way out of control.
30:41Oh, God.
30:41At the end of the day.
30:44I sound like the Scotland football manager.
30:48The suit looked good, though.
30:49What reaction from on high?
30:51I have been summoned for a strategy discussion.
30:55Good news is, Smith's application to dismiss has been denied.
31:00He's pleading not guilty by reason of insanity.
31:03Well, you couldn't have done that from the start.
31:06Okay, let's get this over with, then.
31:08Accept the plea.
31:10Establish the facts.
31:11And Prentice can issue a hospital order and put Smith back where he belongs.
31:18Without criminal conviction, Smith can only be held as long as there's a mental health justification.
31:24Which means if he takes his medication, he could be out in a matter of weeks.
31:27Smith knows that, George.
31:29Why else would he risk an insanity plea?
31:31Because he's insane.
31:33Okay, okay.
31:34And you really think he belongs in prison?
31:37There has to be a trial, George.
31:38Yes, but you'll never get a mother verdict, not know that he's going down this route.
31:42I'm going to talk to him.
31:43If I get him to plead manslaughter, diminished responsibility, he'll get a definite sentence in a secure unit or hospital,
31:50and there'll be no chance of an early release, just because he's managed to take his pills.
31:54And if he won't change his plea?
31:57Okay, why am I even asking?
32:00Fine.
32:01Talk to him.
32:02I'd be interested to know what you thought of my application, Mr. Steele.
32:16And of course it's a long show.
32:18Oh, Mr. Smith, I'm only here to discuss your plea.
32:21Right, of course.
32:24You know, the, um, one thing I regret about pleading in silence is that it means,
32:32if there won't be a full trial, I'd have enjoyed the chance to really flex my legal muscles.
32:46Three people are dead.
32:49And a young girl has been left with horrific injuries.
32:53That doesn't bother you?
32:56Well, obviously, I'm, I'm sorry for what happened, but
33:00you have to understand that it wasn't me.
33:04I'm not that creature.
33:07I, I,
33:07I won't take the blame for something that he did.
33:12You honestly believe you should walk free?
33:18I don't think I should be punished for something I didn't do.
33:21And I can hardly be rehabilitated when I have no memory of committing a crime.
33:29Assuming, of course, that you, uh, subscribe to the view that prison is an opportunity for rehabilitation.
33:35I'm here because we're prepared to amend the indictment.
33:41We'll accept a plea of guilty to manslaughter due to diminished responsibility.
33:46Is that a joke?
33:47You'll be looking at five to ten years in a secure unit or hospital,
33:50as opposed to the 25 you'd get in prison for murder.
33:54They'll never send me to prison.
33:58I've got a, a dozen expert witnesses, all of whom will confirm that I'm insane.
34:06I wouldn't necessarily assume a jury will find you not guilty, John.
34:10You killed three people.
34:11Chances are they won't care why you did it.
34:13They'll just want to lock you up so you can't do it again.
34:17I feel that's an acceptable risk when weighed against my freedom.
34:21Freedom to do what?
34:22Yes, exactly, John.
34:26Look at how you've been living.
34:27If you plead guilty to manslaughter, diminished responsibility,
34:32you'll go somewhere where you can get help.
34:36Do you know the kind of people who end up in mental institutions, Mr. Steele?
34:42I am not one of them.
34:46I don't belong there.
34:48You have an illness, John.
34:49Yes, but when I'm medicated, I'm just like you.
34:58I think you find that frightening.
35:01Perhaps you know how it feels that you're urged to just let go and how are the consequences?
35:15There are always consequences.
35:17Are there?
35:17I wouldn't have made it a brilliant lawyer, Mr. Steele.
35:27I really would.
35:31Now I'll get to prove it.
35:41He's treating the whole thing like a game.
35:43Well, what do we do?
35:44We can't counter his plea by claiming he was saved.
35:47According to the witnesses, he was climbing the wall.
35:49Yeah, now there he is, calmly defacing the merits of the penal system.
35:53So he's a different person when he's medicated.
35:56That's hardly news.
35:57It's practically the basis of his defense.
36:00Exactly.
36:02As long as he takes his pills, his mind works just fine.
36:05Which means when he decided to stop taking them, he knew what he was doing.
36:10Yeah, but it's not like he went out and got high, though.
36:12That's his natural state.
36:13Well, I'm naturally bad tempered.
36:15It doesn't mean I can punch you whenever you annoy me, which you're doing now, by the way.
36:19I'd like to see you try.
36:21Anyway, we're talking about prosecuting for an omission.
36:24We wouldn't have a leg to stand on.
36:26No, I'm saying he knew what would happen and he did it anyway.
36:32Have you ever been on anti-psychotic drugs, Dr. Armitage?
36:38No, I haven't.
36:40Well, I am using every ounce of energy that I have right now just trying to talk to you.
36:50It's like I'm pouring through a thick blanket.
36:54I feel stiff and not a step behind everybody.
37:00I feel so tired just trying to hold on to reality.
37:08I don't know.
37:09I think letting go is almost a relief.
37:13So he knows what he's like without medication?
37:15Yeah, he willfully chose to stop taking it.
37:18I know where you're going with this, James.
37:20He created the circumstances that led to the murders.
37:24Letting go isn't just a relief for him.
37:26I think he actively enjoys it.
37:28You can't punish someone for having a medical condition.
37:31According to Smith, as long as he's on his medication, he's as sane as the next man.
37:35Makes you worry about the next man.
37:37That's why the legal system can't deal with the mentally ill.
37:41You only work with absolutes.
37:43He slaughtered three people.
37:45Whilst in the grip of a terrifying and overwhelming delusion.
37:49You say he's shown no remorse.
37:51How can he?
37:53Convincing himself that Crazy John is a totally separate entity is the only way that he can cope.
37:59He's playing the system, Roddy.
38:02He's an expert on legal insanity and he's using his condition to get away with murder.
38:07If he pleads guilty, his whole coping mechanism will crumble.
38:10And where does he go from there?
38:12The way I see it, the longer he's locked up, the safer for everyone.
38:17It's as if your expert witness may as well be working for the defense.
38:22I can work around it.
38:23Now, the Home Secretary feels very strongly that we should take the plea.
38:29He thinks it would be a PR disaster if Smith is found not guilty after a long, high-profile trial.
38:36And what did you say?
38:38Told him that it was entirely inappropriate for him to try to influence the prosecution of a high-court case.
38:45Go, George.
38:46Well, I am indeed the man, but we are not operating in a vacuum here, James.
38:51I've got mental health charities banging down the door saying that the system fails to identify vulnerable defendants.
38:59And this lot want to start a campaign for a national register for the mentally ill.
39:08If Smith does win in court, then the fallout could be horrendous in all directions.
39:14He's not going to.
39:16He can play the victim all he likes.
39:19Even if a jury thinks that he was insane when he drew the bayonet, what about when he went out and stole it?
39:25Or when he decided to throw away his pills?
39:27He didn't just make one choice, George.
39:30A whole series of decisions led to those deaths.
39:35If Joanne Ellis has to live with the consequences,
39:39then social Smith.
39:40I saw the manager and another woman on the floor bleeding.
39:53Then I heard a shout and this man ran towards me.
40:05Something hit my head.
40:09I don't remember anything else.
40:11Miss Ellis, can you describe the long-term effects of the head injury you sustained?
40:25I've lost the sight in my right eye.
40:28I have limited muscle control on my left-hand side.
40:38Particularly my left arm.
40:43I get very bad headaches and I have problems with concentration and memory loss.
40:49What did you do for a living before the incident?
40:55I was a dancer with the Royal Ballet.
41:00And will you be able to continue in that career at some point?
41:09No.
41:13Enough other questions.
41:19Miss Ellis, um, I'm very sorry that you were injured.
41:29When you first saw me, I didn't look like this, did I?
41:32No.
41:33Do you remember what I used to look like?
41:36You were dirty.
41:38With longer hair.
41:40You were disgusting.
41:41I look like somebody who should have been in a mental hospital.
41:45Yes.
41:46Like somebody who is clearly insane.
41:48My lord.
41:49Yes.
41:50In fact, you're pursuing a civil action, aren't you, against the CPS, for allowing someone
41:56so unmistakably insane to walk free.
42:01Yes, I am.
42:02So if you blame anyone, it's really the justice system that failed to protect you.
42:08Oh, my lord, please.
42:10He's right.
42:10You let him do this.
42:15You could have stopped him, but you let him go.
42:18And look what he did to me.
42:25That will do, Mr. Smith.
42:28Miss Ellis, you may step down.
42:36Anti-psychotic drugs have powerful side effects.
42:51It's the most common reason patients stop taking them.
42:54So, in the case of the defendant, he didn't stop because he thought he was cured?
43:01I don't believe so.
43:03So he was aware of the consequences?
43:05He knows he's susceptible to paranoid delusions, and that these delusions previously led him
43:12to try and strangle a girlfriend.
43:15And do they explain why he was following Linda Bowers and why he ultimately killed her?
43:20So, yes, he believed she was plotting to kill him, and that Joanne Ellis and the others were her accomplices.
43:28So, just to be entirely clear, at the moment when the defendant stopped taking his medication,
43:36he knew that stopping would cause the return of these delusions that had previously led to violence?
43:42Yes, he did.
43:45Thank you, Dr. Armitage.
43:50Dr. Armitage, um, you described the side effects of my medication as powerful.
44:02That's correct.
44:04See, in your opinion, whilst experiencing these powerful side effects,
44:12would I have been able to accurately predict the likelihood of any future psychotic behavior?
44:23No.
44:25And will he be able to predict it in the future?
44:29No.
44:29Mr. Steele, you are not at liberty to fire questions at the witness whenever the mood takes you.
44:42I told you it was your best bet.
44:53Smith's still got her to say that he wasn't to blame.
44:56Did you see how Smith reacted when Roddy talked about next time?
45:00Okay, so he's realized he's trapped in a cycle of behavior.
45:04What good does that do us?
45:05For Smith to admit his guilt, he needs to confront what he's done and accept that he might do it again.
45:11What we need is someone who's been through that cycle with him time after time.
45:16Patricia's not going to help you put her brother away.
45:18She knows him better than he knows himself.
45:20Yeah, but she's still on his side.
45:22Doesn't mean she's on his witness list.
45:28And with a manslaughter charge, he could still go to prison.
45:32If he did, he'd be in a secure unit under medical supervision.
45:40But unless he changes his plea, he could be found guilty of murder.
45:47That won't happen.
45:49They can see that he's sick.
45:51If he's found not guilty, and he's back on his medication,
45:56they won't legally be able to hold him.
45:58I don't believe this.
46:02I spent nearly half my life dreading what Johnny might do.
46:05And then this happened.
46:08Now you're telling me it makes no difference, that nothing's changed.
46:11I'm sorry.
46:13I can't do this anymore.
46:14I'm sorry.
46:15I just can't.
46:16Then break the pattern.
46:19Make the jury understand how badly John needs long-term care.
46:23You're asking me to betray my brother.
46:26No.
46:26I'm asking you to save him.
46:37Miss Smith, is this the first time your brother has stopped taking his medication?
46:43No.
46:47Over the past 15 years, it's happened more than a dozen times.
46:53How did you deal with this?
46:55I begged him to keep taking his pills.
46:59I warned him that he might harm himself or other people if he stopped.
47:09But he just said other people would have to stay out of his way.
47:15Did he ever offer an explanation for his behavior?
47:19Yes.
47:20I found out he'd rented a flat in Ladbroke Grove on the 14th floor.
47:29What did you do?
47:32I went there.
47:36He was sitting on the living room floor.
47:38He said he'd tried so hard to stay on his medicine so that he'd get a job as a lawyer or even a teacher.
47:51But that no one wanted him because he was sick.
47:56He said there was no point in taking his medicine.
48:00He said he'd rented the flat so that he'd be able to jump off the balcony.
48:05He needs somebody to make him take his medication.
48:14He's trying to convince you that he's in control, but he can't help himself.
48:21Somebody has to help him.
48:24Please.
48:25God.
48:25I understand you studied the Bible, Mr. Smith, the Old Testament in particular. Is that right?
48:38Yes. When I was young, yeah.
48:41And this was before you became ill. Is that correct, Mr. Smith?
48:47Yes.
48:47And these details and these images, they stayed with you when you became ill.
48:55In fact, they became the basis of your delusions.
48:59That's right, yeah.
49:02So does it work the other way?
49:05I don't understand.
49:06Well, when you're on your medication, as you are now, do you ever have any thoughts or memories from the times you've been delusional?
49:19Not really, no.
49:21Not really, no. So what, do you remember some things?
49:28Yeah, occasionally.
49:30People's faces, perhaps?
49:32Sometimes.
49:33What about their voices?
49:36Do you hear voices, John, things they might have said?
49:40Uh, yeah, I suppose so.
49:43Do you remember your sister, Patricia, coming to see you at Labrock Grove?
49:47What?
49:48At the flat when you were planning to kill yourself.
49:52Well, I wasn't, I was, I was, I was, I was, I was, uh, um, taking my medication then.
49:59Oh, so you weren't delusional?
50:00No, I wouldn't, no, no.
50:01What about Joanne Ellis? Do you remember seeing her face?
50:04No, I don't know.
50:05Do you remember hearing her voice?
50:06She would have been screaming as you came towards her with the bayonet in your hand.
50:10I don't remember.
50:11What about when you pushed her to the ground?
50:12Or when you brought the bayonet down and you sliced it into her skull?
50:16Perhaps you thought she was a witness.
50:18Was that it? That she would run away?
50:20Maybe you thought she would call the police?
50:22No, it wasn't that.
50:23Then what, John, what was it?
50:24I thought that, um, uh...
50:26What? What? What did you think?
50:28Explain it to me.
50:30I can't.
50:31Explain it to me, John.
50:34I thought that she...
50:36I thought that they wanted to kill me.
50:47I thought that you all wanted me dead, so I...
50:53I had to stop you.
50:55I didn't care how.
51:01And no further questions.
51:02John Smith, you have pleaded guilty to the charge of manslaughter.
51:23Yes.
51:25Before sentencing, do you wish to say anything in mitigation?
51:39Yes.
51:40Um...
51:40I have suffered from schizoaffective disorder since the age of 23.
51:45I'm prone to manic depression, paranoid delusions, hallucinations, as it were.
51:53These papers flew needles.
51:55They gave it to me to hurt me.
51:57Cut us on a bleed.
51:59Mr. Smith.
51:59I heard what Deborah said unto Barak.
52:01The Lord will discomfort me, and...
52:05What's the king of me?
52:10I made them do that better, didn't you?
52:14Look like a pony.
52:15Please don't do that.
52:16Otherwise, I'll have to leave.
52:18Mr. Smith, sit down.
52:19Mr. Lawsworth, please...
52:19Wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, wait.
52:22This isn't my armor.
52:24They took my armor.
52:25I absolutely can't wear this armor.
52:29Mr. Smith, we shall take care of your armor once we are finished.
52:36Now, please, sit down.
52:40Sitting down.
52:43Sitting down, sitting down, sitting down, sitting down, sitting down.
52:46Sitting down, sitting down.
52:48Sitting down, sitting down, sitting down.
52:50Sitting down, sitting down.
52:52I'm sitting down, I'm sitting down.
53:08Drink?
53:10Uh, sorry. I'll be working late.
53:15You know they put John Smith on suicide watch?
53:19Mm-hmm.
53:20He sent me a copy of his closing speech.
53:24Is it any good?
53:26It's well-structured, persuasive.
53:30Pretty much what I'd have said if I'd been defending him.
53:35So he really could have been a brilliant lawyer then?
53:42Well, he certainly had potential.
53:50So you buy him, then?