Homicide Rewatch: Mercy

 

Written by Eric Overmeyer

Directed by Alan Taylor

 

It's time we talked about the Tommy Westphall Universe.

For those who might be unfamiliar with it – which is almost certainly anyone born after 1998 – this refers to the final episode of St. Elsewhere. In the last two minutes it's revealed that everything we've seen has taken place in a snow globe held by Tommy Westphall, the autistic son of Dr. Donald Westphal who we've spent six seasons watching as the chief of staff of St. Eligius. Now we see him as a construction worker and his son is still autistic and he's starring into that snow globe. And because St. Elsewhere has a history of crossing over with multiple TV shows during its run and those shows in turn have crossed over with other TV series in that sense anywhere from three-quarters of television that have ever aired are taking place in that snow globe.

When this ending aired in 1988 it was the most polarizing ending for a drama in TV history to that point and would remain so until the series finale of The Sopranos. (Tom Fontana has made it very clear how grateful he is not just to David Chase but also the writers of shows like Battlestar Galactica and Lost. "It's so lonely being the guy who infuriated half the audience!" he told Alan Sepinwall in a 2012 interview.) And then naturally came that fan base which has been building on it.

It's tempting to look at 'Mercy' as Fontana finding a way to play into it with 'Mercy' which brings back a character from St Elsewhere a decade after the fact. But at no time does Turner's character even reference she worked at St. Eligius and considering that St. Elsewhere wasn't in syndication during this period you wouldn't have known unless you knew the show's history. Furthermore Roxanne Turner was never an official cast member only a recurring character during the show's final three seasons. The only reference to it comes when Turner says she used to be an OB-GYN but Mercy never clarifies how in ten years' she's ended up in hospice care and neither Bayliss or Pembleton ever ask.

And perhaps most tellingly while Turner's story is the highlight of the episode there's a lot going on. Indeed this episode is one of the busiest ones for all the major characters we've had in a very long time, and I mean that as a compliment.

Pembleton and Bayliss are engaging in their usual banter about which museums they've gone to and have gone to; Frank debates real museums; Bayliss asks the difference between standing 'on line' and 'in line'. They've been called by an officer to a scene where it looks like a 52 year old man has been dying of a lingering illness. Frank and Tim are gentle, if annoyed. Considering that the man is a victim of end-stage colon cancer. However one of the victim's sisters has an issue Alberta Wells. She says that her brother was murdered, something the rest of the family takes issue with when she says that the attending physician Dr. Turner killed her brother. Alberta knows her brother was dying of colon cancer but that Turner committed euthanasia by administering a lethal dose of morphine – which forces the detectives to do an autopsy, much to the objection of everyone else in the family

During the 1990s, it's worth remembering, the trial of Dr. Jack Kevorkian was much in the news and he would become one of the most prominent advocates of the so called 'right to die'. The subject was no less controversial in the 1990s then it is today and the fact that certain nations have since legalized what is referred to physician assisted suicide as well as a few states here has done nothing to remove the battle over it. I think I should point out that when the Netherlands became the first country to legalize it in 2001 it did so over the opposition of the Catholic Church – and while he may be fallen, Frank Pembleton is still a Catholic. Equally new was the idea of the hospice movement – Turner mentions its small but growing and says given the choice many people would rather die at home.

There's a good chance Frank's attitude towards the subject changes when he meets Turner. (Both detective and doctor are African-American and the show doesn't mention this at all. Good for them.) Turner makes it very clear that Arthur was very clear on his wishes and in fact signed a living will.  She runs a surface that's called St. Jude's and she shows him the hospice she runs as well as the patients she takes care of. Bayliss is in complete awe of what she's doing while Pembleton makes it clear they have something in common. When Turner says her patients are dead, Frank says: "You help yours die', in that casual way that Frank does. Turner makes it very clear about how the process works, how the decision is made between the patient, the doctor, the social worker and the family. Frank's skepticism is simple: "I've seen a lot of death. Haven't seen much dignity."  Turner's response is simpler: "Then you and I don't have much in common. I see it every day." She has no problem walking them through the world of palliative care and talking about using 'whatever's legal' to help their suffering." Pembleton then asks if suffering is needless if pain is a theological question. Turner responds: "If God created pain, he also created the poppy to alleviate that pain, so why not use it?" The closest reference Turner gives to her old job is when she says she's come full circle. "Bringing babies into this world from seeing them off into the next."

Pembleton is clearly annoyed about the idea of euphemism such as passed away. The two of them talk about living wills – as police detectives they have a priority of keeping themselves alive – and eventually they're forced forward when the victim's sister goes to a judge and authorizes an autopsy. Dyer (in her first appearance this season) tells them that the level of morphine in Wells' system was definitely far over the legal limit. However she says it might prove malpractice, but not intent.  When Bayliss tries to argue she overdid it, Dyer counters she gave him six time as much needed to manage his pain.

Turner's reaction is to say the ME has no idea what she was talking about; if anything she undermedicated her patient and the only reason it seems otherwise is because the system is stuck in the 19^th century. I suspect its Turner's dismissive idea of pain being necessary that increasingly chafes Frank. Her better argument is that her patient was so sick that while it would kill the average person her patients have developed a tremendous tolerance. Bayliss actually pushes a little, asking if she might have overdone it just a bit.  She denies it.

Pembleton and Bayliss look at four of the last patients of Turner who passed and one currently under her treatment. It's here an episode that takes place very much in the gray area becomes all the grayer. On one side there's the fact that one of Turner's patients had no family and therefore the only person who could make the decisions for him competently was Turner.  Pembleton argues "We speak for the dead" one of the series' mantras in regard to that patient and that might be a murder. And his social worker makes it clear he left care of more than a few of Turner's patients entirely in her care. The social worker claims he has no knowledge but whether this is due to denial or turning a blind eye.

But then they see Priscilla Owens who's still coherent and alive for the moment. She has MS. Bayliss is very awkward in describing whether they're lucky to be Turner's patient. She's lost the use of her legs and bladder function  and she's only 34. She knows she'll be dead in a year at most. She makes it very clear that she and Dr. Turner have an understanding and that she has no desire for anything to screw that up. When Turner shows up  Owens is blunt: "They want to know if you're gonna snuff me." The way she says it we know what she means.

There's no direct evidence to link any of Turner's actions to this. The families speak the world of her; all the bodies were cremated; the social worker has nothing. Bayliss clearly wants to let this go, correctly pointed out Frank is accusing Turner with 'negative proof' . Bayliss admits all the autopsy won't prove anything because Turner acknowledged using the morphine. Giardello agrees to have Turner come in for a conversation – one that Bayliss refuses to take part in.

Once again we are blessed to have two of the great actors of our time: Braugher and Woodard in the Box for the final discussion. The two of them discuss the seamless garment: "Life is a seamless garment, sacred from conception to death." No abortion, no murder, no euthanasia…" Frank starts. "No capital punishment," Turner finishes.  Turner calls him on it. "Feelings are one thing. I'm a cop. I have to embrace contradictions. Capital punishment is wrong…And necessary."

He thinks that Turner believes she doesn't commit murder." When she pushes him off he says he no longer suspects her of murder. Turner doesn't want his absolution. He knows he can't charge her with any crimes under the laws of man. But playing God?"

Turner says God doesn't make house calls. It's here Turner becomes the most problematic the way she seems to think Pembleton randomly decides who's guilty and who's innocent.  She says he has no business speaking for her patients. She was there when they were dying not him. It's here for the first time she shows vehement rage about what her role is, how hard her job is, the cost is clearly has on her. "How dare you presume to speak for my patients? They didn't have you then. And they sure as hell don't need you now!"

Pembleton's calm is ethereal, arguing that while she is a good doctor she can't bear the be around when they're suffering.  Then he shares a story about a friend he has who started having migraines and who had a brain tumor. They operated on her and the surgeon made a mistake. Her mind has been affected so she can't remember people when she sees them and needs to be cared for by her father all the time.  He admits he's only seen her once since then.  He mentions his stroke and how his memory has been perforating.

Turner points out that he's drinking coffee. He tells her he doesn't listen to doctors anymore. "What do they know? What do they really know?" Turner pounds on her saying that because he had a stroke he's going to prove his doctors wrong even if it ends up killing him. (Point, Turner. ) She calls him out on not seeing his friend since the accident. Pembleton says he's going to keep autopsying her patients and Turner tells him she's not going to stop doing what she's doing. Turner says even if he stops her, all the pain they have will be on him.

Pembleton: I can take the weight.

Turner: Can you?

There are no easy answers for either the doctor or the detective. Who's the one doing their job and who's the relentless fanatic? The one who speaks for the dead or the one who has to care for them in their darkest extremities? That this case, like so many others, is never followed up on is beside the point: there are still no easy answer thirty years later, and despite the legality and success of certain aspects of the movement Turner pushed for, the questions still need to be answered and can't be.

 

The first story linking to a previous one is involving Gharty and Ballard. Stu is busy shopping for perfume for reasons he doesn't tell Ballard, when they run into the city goats  - the McCord brothers - that killed Antonio Livingston. Gharty famously told her that they'd be spending every weekend looking for them, so its fitting with how Homicide works that they run into the two of them when they aren't looking for them at all.

They end up chasing down Donna McCord, the boys' mother, and this time they push her after she reveals she moved. Her lying capacity is no better than the average corner boy: she says she can't remember her new address because its so recent. Gharty and Ballard give her enough time before Stu understandably loses patience. "White trash too stupid to know when to stop lying," as he puts it. The truth is Donna wants to believe the best in her kids even as Gharty tells them they have the murder weapon, the nature of their crime and that they have their fingerprints on it. To this point Donna has seemed stupid and frail. It's when she realizes the truth she says: "This is what comes…from mixing with colored."  Gharty and Ballard haul Douglas and Ronnie in. And I gotta say while I'm not normally a fan of police brutality as someone who supports women I really liked when Ballard knees one of the McCord's in the groin to give back what they gave her a couple of months ago.

At the Waterfront Ballard and Gharty are sanguine. Gharty thinks this is about two bottom feeders who wacked a third and Ballard thinks it was just two easy to get the McCord's to confess. Billie Lou, who as we know is from that part of Baltimore, says: "We come from a part of the world that thinks the moonwalk was fake and pro-wrestling is real." (Okay I admit that's less funny now then it was in 1998.) The strange part comes when Gharty gives Billie Lou that present and is secretive about it. Is there something about his marriage we don't know about yet?

Stivers and Falsone are called out on what will be Stivers first ever child murder: sixth grader Latisha Morrison killed in an armed robbery in a pizza parlor in which she was killed along with the store owner.  They killed the store owner in part of the robbery and LaTisha, as is far too often the fate in Baltimore, was killed by a stray bullet.  Giardello quickly realizes why these two rookies are struggling. He tells them with great experience there are two kinds of murders that bother detectives the most: "The murder of a fellow officer and the murder of a child."

Stivers thinks she can handle this because of her experience in narcotic and sex crimes. Giardello is calm: "This is your murdered child." And having seen so many of them over nearly six seasons (and unfortunately there are still more to come) he tells her "You'll never be able to forget her." When Falsone says that if we put it to rest they'll be able to get over Giardello tells them not to pretend this case isn't different. And the viewer knows this as well as Gee does. We see it in the way Falsone starts to darken as they can't find anything and Stivers becomes more and more desperate sounding.

This time it works out. They pick up the killer on a traffic camera with the ATM card, the murder weapon and blood on his shoes.

And the biggest one is when Kellerman lies to Munch about a dentist appointment so he can have a conversation with Judge Gerald Gibbons, the civil court judge he tried to see in his office last week. What follows is one of the most fascinating conversations as Kellerman talks about the Mahoney case and his suspicions. Mike starts talking in hypotheticals about whether Gibbons is on Georgia Rae's payroll.  He says this might scare the city into settling and that Gibbons might end up getting a cut. When Gibbons says that he'll be talking to his superior Mike reminds him that homicide is assigned to investigate kidnapping, extortion and bribery which means that if he does it, they'll have access to his financial and phone records.  Kellerman implies that he's done enough detective work to prove the link and can give it to the states attorney's office.  Gibbons says there's no way to prove a direct link between 'the judge and the gangster'  and money can always be explained. Kellerman argues the investigation would put a damper on Gibbons's political aspirations.  Gibbons implies that the possibility of this might cause him 'to make an error under pressure' causing him to dismiss the charges.

Later that day Kellerman plays the tape of the recording he made with Gibbons to Meldrick. (See Notes from the Board for my issue with this). Meldrick is astonished how far his partner has fallen. Kellerman assumes this is a promise to throw the case out. Kellerman assumes that Gibbons is offering him a bribe and Lewis counters that the tape could be read as if he solicited a bribe, arguing its extortion. But Kellerman is convinced that this is the beginning of the end.  Lewis tells Mike to throw the tape in the river. Once again Kellerman's being given good advice and yet again his arrogance keeps prevailing.

The episode ends with two different notes. Falsone and Stivers go to building where they place the photo of Morrison in a Baltimore place for children 18 and under who die of violence. Stivers quiet response as we look at it is devastating: "They're gonna need to build a stadium."

And that night Frank goes to a home he hasn't been to in years. He's supplicant, almost apologetic as he goes to see Carla.

 

Notes From The Board

Alfre Woodard would be nominated for an Emmy for Best Guest Actress in a Drama for her performance in Mercy. The episode would also be nominated for the Humanitas Prize in 1998.

'Detective Munch' : Munch describes Ballard and Gharty as Inspector Javert as they stalk their city goats. Neither of them know the reference even when Munch brings up Jean Valjean. "Victor Hugo? Les Miserables?" Still blank. "Am I the only one here who can read?" I'm with Munch; you'd think at least they'd have heard of the musical that was still in its original run in 1998.

Just as funny is when Munch says: "What kind of world do we live in when more people believe in angels and UFO's and past lives regression then evolution:

Billie Lou: I believe in angels.

Ballard: I believe in UFO's

Gharty: I've always been iffy on evolution.

Mahoney PTSD: In his conversation with Gibbons, the judge says to Kellerman: "You're digging your own grave." Kellerman's response: "I tend to do that. Character flaw." Mikey, Mikey, don't you ever listen to yourself?

This question has been bugging me for 28 years. How the hell did Kellerman find Meldrick? Lewis has been dodging his calls for weeks, went to see Falsone instead of Mike for what he was doing and the moment Kellerman spotted him at the Waterfront a few weeks ago Meldrick went out the door. And now the two of them are having a clandestine meeting in his car, casually discussing how Kellerman has made a secret tape of Judge Gibbons? It's not like the internet existed the way it did in 1998 and there's no sign either of the detectives has a cell phone during the series. So how did this meeting happen?

 

Hey, Isn't That… Even before she created the character of Roxanne Turner Alfre Woodard had already proven she was a force to be reckoned with. Making her debut in the TV movie the Trial of the Moke in 1978 she appeared in several 1970s and 1980s TV shows such as The White Shadow and Palmerstown USA before the world became aware of Martin Ritt's Cross Creek. For her role as GeeChee she was nominated for Best Supporting Actress in 1983. She had made several TV appearance during that period a regular in two short-lived series 1982-1983's Tucker's Witch and Rosalyn in 1985's Sara.

In 1984 she won her first Emmy for Best Supporting Actress for Hill Stret Blues. The following year she would be nominated for Playing Claudie Sills in Words by Heart. In 1986 she was nominated for Best Lead Actress for her role in St. Elsewhere even though she only appeared in three episodes. (The rules were different then.)

She is the most Emmy nominated African-American actress in Emmy history with 17 nominations and only Debbie Allen has more with 21. She's won four, for Hill Street Blues, St. Elsewhere, Outstanding Lead Actress in a Miniseries for Miss Evers Boys and Outstanding Guest Actress in a Drama for the Practice.  Regina King tied that record in 2020. With her nomination for Homicide Woodard is one of only  a handful of performers to be nominated for playing the same character in two different series. She's also one of the few performers to be nominated in two different Emmy categories the same year: when she was nominated for Best Supporting Actress in a Comedy for her work in Desperate Housewives and in a TV movie for The Water is Wide.

It might actually be easier to provide a list of TV series Woodard hasn't appeared in during her nearly five decade career.  Her film career has also been formidable and varied in such films as Scrooged, Grand Canyon, Blue Chips, Passion Fish, Heart and Souls, Crooklyn  and Star Trek: First Contact. She's played Harriet Tubman and Winnie Mandela in TV movies, has narrated the story of Nat Turner, played Mrs. Whatsit in a TV film of A Wrinkle in Time, worked for Tyler Perry and done shows for Shonda Rhimes. She's also worked for Tom Fontana a lot: she appeared in his BBC America Series Copper in 2013. She's played Mariah Dillard in Luke Cage, Paris and See and in case you missed her she just finished playing Judy in The Boroughs. And she's not even close to slowing down: she has five projects coming up according to imdb.com