NOTE: in episode 1×14, “Home Is Where The Hurt Is,” it doesn’t appear that there are any broken laws that haven’t been addressed in this entry. Kyle learns that Tess has been in communication with Vikram, but we discuss that in this entry. Since most of 1×14 took place at Homecoming and for once people weren’t committing crimes, I plan to do a rhyming recap. I’ll let you know when that’s ready! I will edit this if any crimes in 1×14 come to my attention
At the beginning of the episode, Danny and Jo are stunned at what Danny just did to Vikram in the previous episode. As Danny says, “[he] killed [his] own father.” Jo mentions that he did this in self defense. Danny has definitely pushed us into a discussion about manslaughter and self defense now that we know that Vikram is dead… really dead this time.
Legal Note 1:
If Danny WERE charged with anything, in my opinion it would be second degree manslaughter. Since the word “recklessly” is used in the definition, it applies when a killing is triggered by an extreme emotional disturbance, like all of the drama with Vikram in this situation.
“N.Y. PEN. LAW § 125.15 : NY Code – Section 125.15: Manslaughter in the second degree
A person is guilty of manslaughter in the second degree when: 1. He recklessly causes the death of another person…
Manslaughter in the second degree is a class C felony.”
BUT, Miss Masterson has a point; perhaps she does learn something from being the daughter of the chief of police. Danny likely would be justified in his actions and therefore not convicted of anything, because he had a reasonable belief that Vikram was going to use deadly physical force against him, Jo, or both of them, and he had no safe way to get out of the situation without using equal force on Vikram. Here’s the explanation:
New York Penal – Article 35 – § 35.15 Justification; Use of Physical Force in Defense of a Person
(in relevant part)
” 1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person,….
2. A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless:
(a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the
necessity of so doing by retreating; …”
I made this a legal note and not a broken law, because according to my research, I believe that Jo is correct.
Danny wants to leave Green Grove for good, but Jo wants him to come clean. She tells Danny that she can’t keep this a secret from her parents. Apparently witnessing Vikram’s death is where Jo draws her line on keeping secrets. She’s conflicted when Danny says that he can’t go back to jail; Jo says that she’ll “give him a head start” and pack him a bag of necessities for people who are wanted for murder. She says she’ll be back in the morning and makes Danny promise that he will still be there.
Broken Law # 1 & # 2 Alert!New York Penal – Article 205 – § 205.30 Resisting Arrest
“A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person.
Grading: Resisting arrest is a class A misdemeanor.”
Danny and Jo would both be guilty, since Danny is attempting to prevent himself from being arrested with his terrible plan to leave town. Jo, although she plans to tell her parents the truth, has still agreed to help Danny escape with a head start and a felon’s care package.
Lacey and Rico talk at Johnny Cakes about Danny’s whereabouts. Rico assures Lacey that Danny will be fine; his long hair will keep him warm. Lacey wants to help Danny, and she thinks that Gloria Crane knows something about the case. She plans to speak to her about this. Rico asks the million dollar question: if Gloria Crane knew something, why wouldn’t she go to the cops? Because if she did, I’d have less material for my blog?
At the police station, Kyle’s top priority is finding Marilyn Rossi. Karen and Jack show up and give Kyle a box of Vikram’s old things. Kyle tells Karen that Marilyn fled from her hotel. He also informs her that he has proof that Marilyn falsified evidence, altered it, and forged the report. There’s also the small detail that the pipe that she “found” was not even a real murder weapon, and Danny’s fingerprints were never on it. Kyle suspects that Marilyn is covering for Vikram. This series of lies from Marilyn brings us to:
Broken Law # 3 Alert!New York Penal – Article 195 – § 195.00 Official Misconduct (in relevant part)
“A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized;…
Official misconduct is a class A misdemeanor.”
And, as we suspected in my entry on episode 1×12, Marilyn is behind the falsified evidence that implicated Danny, making her guilty of:
Broken Law # 4 Alert!New York Penal – Article 215 – § 215.40 Tampering With Physical Evidence (in relevant part)
“A person is guilty of tampering with physical evidence when:… 2. Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by any act
of concealment, alteration or destruction, or by employing force, intimidation or deception against any person…”
Grading: “Tampering with physical evidence is a class E felony.”
If you think Marilyn is guilty of more than this, not to worry; there’s more where that came from! Detectives aren’t allowed to just prance into the police station distributing forged reports on murder cases.
Broken Law # 5 Alert!New York Penal – Article 175 – § 175.25 Tampering With Public Records in the First Degree
“A person is guilty of tampering with public records in the first degree when, knowing that he does not have the authority of anyone entitled to grant it, and with intent to defraud, he knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in, or otherwise constituting a record of a public office or public servant.
Tampering with public records in the first degree is a class D felony.”
If anyone is looking to hire a detective, you probably should NOT look Marilyn Rossi up; she’ll likely be in prison for awhile.
Rico checks on Jo after their “fugitive harboring shenanigans.” That’s a fun way to describe it! Jo lies when Rico asks if she knows where Danny is, but she assures him that he’ll be fine. Rico wonders if he should have just called the police right when Danny came to his place. He can barely handle all of this PLUS their upcoming chem quiz, which is “half as scary” as everything happening with Danny.
Jo meets Danny at Church the next day. They both realize that Danny can’t run away. Jo points this out; “fleeing, not the best plan.” Danny wants to tell Kyle the truth about everything. He’s still overcome with emotion. Jo reminds him that what he did was in self defense, but Danny thinks that in the moment, part of him wanted Vikram to die. Jo wonders if Vikram is the one who is a #socio. Jo doesn’t want Danny to let what happened with Vikram to ruin his life, because he’s not worth that.
Legal Note 2:If the self defense factor wasn’t there and Danny admitted to feeling that way in a court room, THEN he might be convicted of manslaughter.
Jack shows up at Karen’s house. Karen blames herself for overlooking Vikram’s flaws. Jack assures Karen that she’s a great mother and that Vikram never deserved her.
At the police station, Kyle shows Eddie a document from Marna, Inc. It’s signed by Mayor Rollins and Vikram Desai, which interests Kyle, because he thinks the Mayor is lying about having never met Marilyn. Kyle and Eddie think Vikram must have known Marilyn worked for Vikram when he hired her.
Lacey goes to talk to Gloria Crane at the horse stables. She claims that she’s there to help. Charlie is also there and he asks Lacey if she’s stalking him. She says “I’m not sure if this qualifies as official stalking.” In case anyone was wondering, it doesn’t. Also, it seems like Charlie is the one who keeps showing up in Lacey’s life.
Charlie pries about why Lacey is there, and he asks if it’s about Danny being accused of killing Mrs. Crane’s daughter. When Lacey says Danny didn’t kill anyone, Charlie brings up Danny’s aunt. He says that he did some online research and now knows that Green Grove isn’t as innocent of a town as it appears.
Jo and Danny go to Jo’s house where Tess greets them. They need to talk to Kyle; it’s important. Tess tells them that Kyle’s searching for Marilyn and he has prove that Danny didn’t kill Regina and that Marilyn faked the evidence. She assures them that “this ordeal is almost over.” Little does she know that they’ve already moved on to the next murderous ordeal. Karen comes over and is thrilled and relieved to see Danny. Tess is proud of Jo for convincing Danny to come back.
Kyle confronts Mayor Rollins about his partnership with Vikram at Marna Inc. When the mayor claims that it’s not what it looks like, Kyle expresses what everyone is thinking: “it looks illegal!” It turns out, a “silent partner” from Marna Inc recommended Marilyn to the mayor. He claims that he didn’t know that she was connected to Vikram. It turns out this “silent partner” is Gloria Crane. Right now, we can’t be sure if the mayor is telling the truth about his knowledge of Marilyn and Vikram, but we do know that Kyle was correct about something looking illegal. Gloria definitely knew that Marilyn worked with Vikram, and later in the episode when Kyle confronts her, we learn more about her illegal behavior.
Meanwhile, Gloria reminisces with Lacey about her horseback riding days with Regina. When Lacey brings up Danny, Gloria calls him a psychopathic killer. Lacey suggests that someone else might be responsible for Regina’s murder, then she mentions the possibility of Vikram’s involvement. Gloria flips out about this allegation and accidentally lets out a bit too much information; she reveals that she knew about Regina’s necklace being found in Danny’s locker. Lacey wonders how Mrs. Crane knew about this, and she relays this information to Kyle.
Kyle confronts Gloria; they need to talk… NOW. Meanwhile, Karen continues her attempts to comfort Danny. He tells her that he did something while he was on the run that he can’t take back. Karen guesses that it has to do with Vikram, and she says to forget about whatever he did. She doesn’t want to lose him again after having him in juvie for 5 years. Danny doesn’t want another family secret.
Kyle demands the truth from Gloria. He accuses her of setting up an innocent 16 year old boy. Gloria claims that Vikram told her that he saw Danny kill Regina. She continues to say that the night Regina died, she called Gloria and said that she was inviting Danny over and planned to tell him the truth about everything. She intended to tell Danny that Vikram was alive and having an affair with Gloria. She didn’t want Vikram’s blackmail money anymore.
This confirms our suspicion that Vikram had been blackmailing Regina, and that up until Regina died, she had been cooperating. Gloria’s confessions lead us to:
Broken Law # 6 Alert!With all of the infidelity in this town, this shouldn’t come as a shock to anyone:
New York Penal- Article 255- § 255.17 Adultery.
“A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.”
“Grading: “Adultery is a class B misdemeanor.”
Gloria should have known better than to have an affair with a pretend dead man! Additionally, if Vikram and Regina were still alive, they could be found guilty of:
Broken Law # 7 & # 8 Alert!New York Penal – Article 215 – § 215.05 Bribe Receiving by a Witness:
“A witness or a person about to be called as a witness in any action or proceeding is guilty of bribe receiving by a witness when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that (a) his testimony will thereby be influenced, or (b) he will absent himself from, or otherwise avoid or seek to avoid appearing or testifying at, such action or proceeding.”
“Bribe Receiving by a Witness is a class D felony.”
Regina would be guilty of accepting the bribe and Vikram would be guilty for soliciting it.
Gloria still has more to contribute. Kyle tells her that Vikram lied to her about Danny killing Regina. Gloria says that Vikram was helping her and that he was the one who sent Marilyn to “help.” Marilyn got Regina’s necklace, gave it to Gloria, and Gloria put the necklace in Danny’s locker. Marilyn promised Gloria that the police would find the necklace there. This brings us to:
Broken Law # 9 Alert!New York Penal – Article 215 – § 215.40 Tampering With Physical Evidence (in relevant part)
SEE BROKEN LAW # 4 ABOVE.
Broken Law # 10 Alert!New York Penal – Article 105 – § 105.05 Conspiracy in the Fifth Degree (in relevant part)
” A person is guilty of conspiracy in the fifth degree when, with intent
that conduct constituting:
1. a felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct;…”
“Conspiracy in the fifth degree is a class A misdemeanor.”
When Kyle asks, Gloria says that she has no idea how to contact Vikram, since he always contacted her from blocked phone numbers. However, she does know how to get in touch with Marilyn. Gloria and Kyle set Marilyn up; Gloria asks Marilyn to come “meet her” at the horse stables, but Kyle is the one who will be meeting Marilyn. The plan works, and Kyle arrests Marilyn and reads her Miranda rights. Good job following the 5th amendment, chief! Marilyn doesn’t say anything except that Kyle will never find Vikram; he’s long gone. Based on this arrest, it appears that Kyle is correct about Vikram paying Marilyn to kill Regina. Obviously this is not ok.
Broken Law # 11 Alert!New York Penal – Article 125 – § 125.27 Murder in the First Degree (in relevant part)
“A person is guilty of murder in the first degree when:
1. With intent to cause the death of another person, he causes the death of such person or of a third person; and (a) Either:
(v) the intended victim was a witness to a crime committed on a prior occasion and the death was caused for the purpose of preventing the intended victim’s testimony in any criminal action or proceeding whether or not such action or proceeding had been commenced…or…
(vi) the defendant committed the killing or procured commission of the killing pursuant to an agreement with a person other than the intended victim to commit the same for the receipt, or in expectation of the receipt, of anything of pecuniary value from a party to the agreement…”
“Murder in the first degree is a class A-I felony.”
Lacey shows up at Jo’s house. Lacey, Jo and Tess see a report on TV about Marilyn Rossi’s arrest. Lacey is absolutely thrilled. Jo picks up the phone to call Danny.
Kyle tells reporters that Marilyn confessed, but they’re still investigating the motive. Danny watches Kyle and the reporters and Kyle spots him. Kyle apologizes to Danny on behalf of the Green Grove Police Department. Danny feels more guilty about his new secret, but manages to answer the reporters’ questions about how he feels to be proven innocent. He claims that he feels great. Karen says that she feels amazing.
Lacey runs into Charlie who says he’s glad that everything worked out for Danny. Kyle and Tess talk, and Tess looks uncomfortable when Kyle mentions that they’re still looking for Vikram. Kyle informs Tess that Vikram paid Marilyn to kill Regina.
Jo encourages Danny to take advantage of the second chance that he’s been given. She says that “no one has to know” about what he did to Vikram. Sound familiar?
Broken Law # 12 & 13 Alert!If Jo and Danny keep this a secret, they will be breaking the same law as they were at the beginning of the episode.
New York Penal – Article 205 – § 205.30 Resisting Arrest
SEE ABOVE: BROKEN LAWS 1& 2
Rico and Jo talk about Danny, Vikram, and their dreaded chemistry quiz. Jo tells Rico how much she appreciates their nights at the diner; they’re some of the best nights of her life. Maybe this is because those nights never involved any murders. Lacey arrives and talks to Jo about it all being over. “It’s all so weird, isn’t it?” Lacey has no idea how weird everything is right now. She doesn’t know about the massive plot twist involving Vikram.
Karen ignores a phone call from Jack, but she looks conflicted about it. Danny guiltily looks at an old picture of him and Vikram. Karen tells Danny that he grew up to be a better man than Vikram, and that she always tried to protect Danny from Vikram when Danny was growing up. Danny screams that he may as well be back in prison; clearly he isn’t so keen on this second chance idea. He doesn’t think he deserves it. He smashes a mirror in his bedroom in rage.
Tess leaves Vikram a voicemail warning him that Kyle is determined to find him. We see Vikram’s cell phone by his dead body as Tess is leaving this message insisting that Vikram turn himself in. She says in the message that she can’t keep doing this, and she’s right about that; what she’s doing is illegal.
Broken Law # 14 Alert!New York Penal – Article 205 – § 205.50 Hindering Prosecution; Definition of Term (in relevant part)
“a person “renders criminal assistance” when, with intent to prevent, hinder or delay the
discovery or apprehension of, or the lodging of a criminal charge against, a person who he knows or believes has committed a crime or is being sought by law enforcement officials for the commission of a crime,… he:….
… 2. Warns such person of impending discovery or apprehension;…”
New York Penal – Article 205 – § 205.65 Hindering prosecution in the first degree.
“A person is guilty of hindering prosecution in the first degree when he renders criminal assistance to a person who has committed a class A felony, knowing or believing that such person has engaged in conduct constituting a class A felony.
Hindering prosecution in the first degree is a class D felony.”