Law & Order SVU “The Undiscovered Country” Recap & Review; Raul Esparza Exits

“But that the dread of something after death,

The undiscovered country from whose bourn

No traveler returns…”

– William Shakespeare, Hamlet

Farewell, Rafael.

What an amazing episode, with exceptional writing by Michael Chernuchin. I almost never say this anymore: this was an Emmy worthy episode on many levels.

Law & Order SVU “The Undiscovered Country” was an emotional roller-coaster episode that many Law & Order fans were eager to see as it featured the return of Jack McCoy (Sam Waterston) as District Attorney. But this joy was short-lived as it brought trouble – and the prosecuting career end - for ADA Rafael Barba, who resigned his ADA position. This episode also marks the beginning of Peter Stone’s move from Chicago to New York. The convergence of all these characters occurs when they are faced with a moral and ethical issue that tests everyone involved. But it’s Barba who takes decisive and controversial action, much to the detriment of his career. It’s clear early on that the job is wearing on him when he makes a comment about getting some sleep within the next decade or so. This case may have arrived at a time where Barba was reaching his emotional limit with the job.

The final scenes with Raúl Esparza were difficult to watch without feeling a flood of sadness. Esparza was able to brilliantly convey the complexities of what Barba went through with his father, plus the controversial decision he made to turn off Drew’s life support. One could almost see what looked like the real weight of those actions on him during the scene where Barba had to testify about why he did what he did. Raul Esparza is an amazing talent who brought a passion and spark to Law & Order SVU that few have been able to deliver, and he will be greatly missed on this show.

Was Barba right to turn off life support and was the verdict correct? I’m still on the fence. The parents clearly contributed to the issue by not being in agreement on the fate of their son. Had they had agreement, the issue may have been easily resolved in court and the SVU would have never been involved. I suspect that Barba has, over time, become too emotional after working with Benson and the SVU, and, also influenced by the situation with his own father,  he couldn’t think logically about baby Drew.  He shouldn’t have been the one to turn off life support but I understand why he did and I’m satisfied with the verdict. Barba was clearly listening during McCoy’s eulogy of Ben Stone, as Barba used that advice to do what he must.

Benson is feeling guilty for bringing Barba into this case, but it was her job to do so. Her constant need to fix things, however, is what makes the mess. She frequently becomes too emotionally involved in cases and then makes rash decisions; for example, putting herself at risk when she decides she can handle the hostage situation. This could be her way of trying to make amends for Mike Dodds’ death in a hostage situation but that doesn’t make it any less reckless. (Benson was lucky this time; she couldn’t know that Aaron was only holding a paintball gun until she got into the house.)  When she finds that Barba turned off Drew’s life support, she again says she has to fix this. Maybe she wouldn’t have to fix things if she took a more tempered approach and looked first before jumping in, or she should at least realize that she can’t fix everything.

This episode neatly tied in the Law & Order past by bringing in Peter Stone, son of Ben Stone, the first Manhattan EADA featured in the Law & Order series. Ben Stone is dead (R.I.P Ben), and Peter has come from Chicago for the funeral, where Jack McCoy delivers a eulogy.  As the years progressed, Ben Stone was only rarely mentioned in the Law & Order universe and only served as a connection to Peter Stone for Chicago Justice. It made sense that the character pass on in order to open the door for Peter to make his own mark in New York. The one thing I liked about Peter Stone on “Chicago Justice” is that he had a real passion for his job and wasn’t afraid to rock the boat. I hope we see this same Peter Stone on SVU.

Jack McCoy, while he seems to genuinely like Barba, knows that he has to prosecute him as he “can’t have his ADAs killing people.” Benson really has a negative attitude with Peter Stone right out of the gate, telling him  “I sure hope you suck” (causing Stone’s handshake to retract like a deflating erection).    I think we all wanted Stone to do badly prosecuting Barba. Benson continues to take it to the next level with Stone, saying with typical Benson sanctimony that Barba lives in a place that the men who wrote the law don’t even think about. Thankfully, Stone has the perfect retort, that “amongst us mere mortals, it’s a class A felony.” This is going to be a rocky relationship and I think that it could bring some much needed tension between SVU and the DA’s office, in more ways than one.

The possible reason Barba is burned out came at the end of the episode when Barba explains that when he started the job, it was black and white. Working with Benson as she started to “weasel” (interesting choice of words) her way into his world, he began to see shade of gray and then color. When he says “I’m you now, Liv”, this tells me that he, like Benson, became too emotionally involved in his cases. I think she ruined his legal objectivity. For a while it seemed they were dumbing down Barba; I liked him more when he had that defined, “black and white” approach to the law. It meant for more tension and drama as well. Right now Peter Stone is taking a black and white approach, and maybe this is the best way to see the job. (There is nothing wrong with throwing in a little gray, as there are still legal loopholes.) Barba is smart to move on, and hopefully he will find a career that allows him to use what he learned in his job as ADA to make changes in the law. That said, I hope that someday we will see Raúl Esparza make a guest appearance in another role.

An interesting touch was bringing in the annoying yet effective Randy Dworkin to defend Barba.  Abigail Hawk also played the emotionally wrecked mother with perfection.

I almost hate bringing this up with such an excellent episode, but there were two significant continuity errors in this episode.  These kinds of errors are extremely annoying. The most glaring was Jack McCoy as District Attorney. In the SVU episode "Scorched Earth" (season 13, episode one, air date September 21, 2011), SVU Bureau Chief Mike Cutter says there was a new DA. As SVU went through a many seasons after that with a nameless, faceless District Attorney, viewers were only left to conclude that Jack McCoy was out as DA. This episode doesn’t really explain why McCoy is still in the job.  I suppose it's possible he was out as DA for a while and was later elected back in...?

The other continuity error – maybe not as obvious – was Barba telling McCoy that his father died 7 years ago. In the episode “ Padre Sandungeuro” (season 16, episode 12, air date January 21, 2015), Barba states “I know what it's like to have to face down your old man. Mine's dead 15 years, and my hand still curls into a fist whenever I think of him.” It’s perplexing that the writers recalled Barba’s relationship with his father was contentious, but didn’t get the timing of his death right.

A+

Update February 13, 2018 - a deleted scene has been added after the recap.

Here is the recap:

Jack McCoy is delivering a eulogy at the funeral of former EADA Ben Stone. Ben’s son Peter is in attendance, as is Rafael Barba. During the eulogy,  McCoy mentions a case where an inculpatory document was included with a discovery request received from opposing counsel and McCoy did not know what to do. He went to Ben Stone for advice and McCoy commented he can either ignore the document…and McCoy says Stone cut him off, saying that a man shouldn’t do what he can, he should do what he must without regard for consequence or repercussion, that’s what makes us moral, and god help us if we lose that. He says his goodbyes to Ben.

The SVU case began with baby Drew, kidnapped by his own father, Aaron Householder, that turns into a legal battle over the parents’ right to allow Drew, who suffers from Mitochondrial DNA Depletion Syndrome, to die. The baby’s mother – Maggie Householder  – wants to end Drew’s suffering, as he has no brain functions and can’t hear, see, or eat normally. Aaron takes the Drew as he doesn’t want to take this action.

Aaron is quickly tracked to a house in Sheepshead, New York where he’s set up a life support system for Drew. The SVU squad arrives on the scene with backup. Benson, who seems to be trying to make up for the hostage situation where Mike Dodds was killed, decides she can handle this situation. Against strong objections from Fin, she ditches her gun and phone and enters the house to try to diffuse the situation. She tries to talk Aaron down and is finally successful when she tells him she is a cop and knows her guns – Aaron is only holding a paintball gun. The hostage situation ends.

Later, at SVU, the parents – separately - discuss Drew’s heart-wrenching and hopeless medical situation, and they eventually reconcile. Benson tells Barba that no one is forcing him to prosecute. Barba replies that if he doesn’t, he is telling the world that baby Drew has no rights. When Rollins asks what about his right to die, Carisi comments that, unfortunately, that’s not in The Constitution. Barba asks them to find out if the kidnapping caused the baby any harm, and Benson adds that is so he can let Aaron go with a clear conscience. Barba says it's so he can prosecute and maybe get some sleep in the next decade or so.

Meanwhile, McCoy and Stone meet at the courthouse. They share McCoy’s sandwich while sitting on a bench near the courthouse hall. McCoy suggests he has a place for Stone in New York but Stone plans to stay in New York only until his father’s affairs have been settled. McCoy recalls how proud Ben Stone was of Peter, and Stone wishes he knew this before. Afterward, Stone enters an empty courtroom and cries.

Later,  while Barba is in his office having a drink and is looking out a window, he hears a voice say “We don’t pay you to think, we pay you to work.” He turns and sees it is McCoy, who says, “Sure, I’ll have one.” McCoy says he wishes the law was more like chemistry; you heat up water to 212 degrees and the sonofabitch boils. As McCoy sits in Barba’s chair and grabs the liquor out of Barba’s desk drawer and pours himself a drink, Barba comments, “Sans bias, sans judgment”  and McCoy replies, “Sans conscience.” McCoy asks what is so interesting out that window, and Barba explains his father. He explains (continuity error warning!) that 7 years ago his father went into a diabetic coma and was on life support for six weeks. When McCoy says he is sorry, Barba tells him don’t be, he was not well liked by anyone, especially him. Still, he was at the hospital every morning before work and every night until the nurses threw him out. The doctors said there was nothing they could do for him; there was no brain activity and they highly recommended they end it, but he said no, where there is life, there is hope. He could have eased his suffering but he didn’t, and told himself it as because Father Mike wouldn’t approve. McCoy says he is sure he wouldn’t. Barba states he was selfish; he hated the man, but still he didn’t want the burden of being the reason he took his last breath. He states again he was selfish; he let him suffer. Jack tells him to prosecute Aaron Householder, and Barba asks if it is for doing the same thing he did to his dad. McCoy explains that law is what the statutes says it is. Barba counters it is a shame, no matter how hard they try, they can’t legislate morality. McCoy comments, “We’re not in the compassion business, Rafael.” Barba nods, and says “Sure. Why not.” McCoy finishes his drink and tells Barba to cut a deal, offer Aaron probation, go to church, say 3 Hail Marys, and then come back to the office and finish that bottle. But we can see the gears moving in Barba’s head.

Barba heads to the hospital room where Maggie is there with Drew. After Maggie has a bit of a breakdown about Drew’s situation, she asks why Drew can’t just die. Barba tells her that he can. But Maggie can’t turn off the machines, and Barba tells her to go. He looks at Drew, makes the sign of the cross over him, and the scene fades to black. We know what he does, however.

Later, Benson sees Barba outside the courthouse and is shocked that he “killed the baby.” But Barba states he expedited his passing. Benson thinks this will be a tough hair to split in the courtroom. The courtroom was the last thing he was thinking of in that hospital room. He knows he could go to prison, saying sometimes you have to act, without concern for the consequences. But Benson says not him, he wears suspenders and a belt. He thinks he had no option. Benson says she has to fix this (there she goes again) and as she walk off, Barba says she can’t help him.

Benson meets McCoy in the courthouse hall and makes her case for Barba. McCoy says he can’t have his ADAs running around killing people, it’s unbecoming. Benson says Barba did what he thought was right, and McCoy states he knows that, and says she knows that, and he hopes the jury agrees with them. Stone approaches and McCoy introduces him to Benson. McCoy calls him the “hotshot out of Chicago who is going be Special Counsel in The People v Rafael Barba”. Stone looks a bit surprised as does Benson. He tells her it is a pleasure and reaches out to shake her hand. Benson declines to do so, instead telling Stone “I sure hope you suck.” He quickly closes his hand and Benson walks away, glaring at him. It’s obvious that this is the first Stone has heard about the special prosecutor job. He asks McCoy how he knew he’d say yes, and McCoy says it’s because he has more of his father in him than he knows.

Meanwhile, Barba gets the annoying yet effective Randy Dworkin as his attorney and, after a rocky start, Dworkin says Barba killed what 9 out of 10 doctors said isn’t alive. Barba worries about the 10th doctor. But Dworkin says both he and Barba want to prove a point, that the government’s power has grown too much and the bigger it gets, the smaller it leaves the individual. Once the government takes away our right to die, it takes away our right to live. Barba sits down to hear more.

On February 6 in Supreme Court, the parents testify. Maggie admits that she did not have an abortion when it was first discovered about Drew’s condition, because it would be wrong. Stone asks if it is no okay to kill him 10 months after he was born?

Afterward, Stone and Benson meet on the courthouse steps and she asks if he has spoken with Barba. He replies the law says he can’t. She tells him to forget the law and look into his eyes, and talk to him; Barba lives in a place that the men who wrote the law don’t even think about. Stone counters that down here amongst us mere mortals, it’s a class A felony. As he walks off, Benson asks if he has kids and he doesn’t, and Benson says their pain is your pain and Barba knows that. Stone counters he knows why Barba did what he did and he understands but if they as a society ignore it, they are saying murder is no longer absolutely wrong.  Condoning it in one case would allow us to condone it in any cases. Benson says she is talking about a decent man who did a decent thing. Stone says they shoot horses, not people, asking if Drew didn’t have MDDS, what if he had Downs or leukemia or a sore throat? What if he didn’t have physical pain at all, what if he was just unhappy? Benson retorts that is the thing about you lawyers, they are always talking about the reasonable man. She states he wouldn’t know a reasonable man if he fell out of the sky and landed at Stone’s feet.

Later, Barba testifies in his defense and admits he killed him, saying it was a justifiable homicide. He explains how Drew couldn’t smell flowers or hear the music his mother was playing. He would never see a cloud, a rainbow, the sun or moon. He wouldn’t know he existed, he would only know pain. The doctors said he had no brain function. The courts have only dealt with these issue tangentially, saying that Roe v Wade said an unborn baby was alive when it could survive on its own. Drew could not. All he knows is that he saw a baby who couldn’t form the most basic thought of his own, he couldn’t love, hate, or hope and when he saw the pain and unutterable suffering that his existence was causing for the two people who loved him most, he had to do something, whether it meant going to prison or not.

Under cross, Stone brings up that Barba did not bring up with issue with Aaron, and Barba  admits  he did not. When asks if he feels guilty, he avoids a straight answer and when Stone presses, Barba admits he does.

On February 7, the jury returns a verdict of not guilty for the charge of murder in the second degree. Barba and Benson look relieved and Stone seems to be in agreement. Benson hugs Barba and Stone tells Drew’s parents “well done.”

Later, Barba is cleaning out his office as McCoy enters, who asks if Barba realizes that half his job is keeping people who work there from doing something stupid. He is holding a resignation letter. Barba says now McCoy has one less person to worry about, and McCoy tells him he doesn’t have to do this. Barba knows, saying he is going to do what he must. McCoy understands. They shake hands.

Later, outside the courthouse, Barba looks back on the building as Benson approaches. She feels guilty that she called him about this case. He says when they started working together 5 years ago – Benson corrects it to six – the world was an old movie, all black and white and it was High Noon and he was Gary Cooper. He was absolutely sure who were the good guys and the bad guys,  and says Benson started to weasel her way into his world and black and white became different shade of gray. He tells her not to say it…before he knew it there were blues and greens and yellows and reds. He adds, “I’m you now, Liv. You opened my heart and I thank you for it.” Benson says, “And?” to which he replies, “I’ve got to move on. “ She looks dejected and he kisses her forehead. As he walks off, crying, he leaves Benson standing there alone, watching him as we fade to black.



Cast:
Mariska Hargitay - Lieutenant Olivia Benson
Ice-T - Detective Odafin “Fin” Tutuola
Kelli Giddish - Detective Amanda Rollins
Raúl Esparza - ADA Rafael Barba
Peter Scanavino - Detective Dominick “Sonny” Carisi, Jr.

Guest stars:
Sam Waterston – DA Jack McCoy
Philip Winchester - Peter Stone
Peter Jacobson - Randy Dworkin
Abigail Hawk - Maggie Householder
Joe Tapper - Aaron Householder
Ami Brabson - Judge Blake
Damien Brett – Mel Cooke
Lindsay Becker - Sandy Householder
Precious Cruz-Dyson - Jury Foreperson
Sprague Theobald – Priest
Dave Adams – Sniper







All Content (Recaps, Review, Commentary) Copyright © allthingslawandorder.blogspot.com unless otherwise noted

Check out my blog home page for the latest Law & Order information, on All Things Law And Order.

Also, see my companion Law & Order site,These Are Their Stories.