Even though this episode aired as a Law & Order SVU story, “People Vs Richard Wheatley” was focused on a storyline from Law & Order Organized Crime. For those SVU viewers that weren’t watching Organized Crime during the first season, they could be a bit lost, despite the recap at the start of the episode. The episode centers on the trial of Richard Wheatley, who was charged with the contract killing of Elliot Stabler’s wife, Kathy. Anyone expecting to see the whole SVU crew will be disappointed. Anyone expecting justice for Kathy's murder will be disappointed. Anyone expecting to see Benson hearing about Barba defending Wheatley with them hugging while meeting at a bar will be disappointed. That doesn’t mean that this wasn’t a good episode, in fact, it was excellent. For those viewers who've been watching the Organized Crime series, it's an interesting progression in the Richard Wheatley story.
The trial aside, some of the most satisfying scenes were the tense interactions between Benson and Barba, and Benson confronting Stabler. The difference with those situations is that Benson feels hurt by Stabler’s past behavior, but feels completely betrayed by Barba’s current actions. Benson was there to help Stabler through his grief, despite the sacrifices she had to make, and Benson is rightfully hurt that Stabler has not asked her one question about what has happened to her since he left. Stabler comes off as selfish and/or self-centered and not very likeable. Sadly, he’s been the same way with his kids – the job always came first. When Benson asks Stabler about “the letter” and what was that all about, and Stabler can’t really answer it, Benson comments, “That makes two of us.” You can add a big chunk of the fandom to that list; I don’t think anyone can figure out why Stabler gave Benson that letter. Can we just forget the letter now?
Strangely, even though Benson feels Barba has betrayed her, I can’t dislike him. My reasoning is that he’s a damn good lawyer and a formidable opponent. I suppose if you represent the defense, you are going to have to defend scum at some point. Benson is making it personal and maybe she’s being unfair to Barba.
Richard Wheatley is the gift that keeps on giving. He’s got his hands in so many places and likely has paid off so many people in high places that he’s almost untouchable. As mentioned in the episode, they let his 30 RICO charges slide, but he’s on the hook for Kathy’s murder, making it sound like Stabler and/or the NYPD has it out for him. Wheatley likes to fire his attorneys for what seems like the sole purpose of buying time to delay his trial, but even that had to come to an end. Enter Rafael Barba. We all knew that Barba was going to defend Wheatley based on the promo released long before the episode aired, but Benson hearing about this was nothing like it was shown in the promo. I preferred the way it was presented in the episode as I think it upped the tension between the two.
The trial wasn’t as much solid head-to-head Carisi vs. Barba as many may have expected, as Bureau Chief Phillip Baptiste did some of the questioning. But if Stabler had listened to Baptiste – who wanted Stabler “calm and collected up there” (that made me laugh, we are, after all, taking about Stabler) - there wouldn’t have been the set-up to get Wheatley agitated enough to testify, despite Barba’s advice for Wheatley not to. At least Carisi was the one to question Wheatley, and eventually got Wheatley to show his true colors as someone who would kill at the drop of a hat. While I am on the subject of Stabler’s effort to get into Wheatley’s head: how often is it that they allow a defendant and a witness in the same restroom? Wheatley called it awkward but I thought this would be highly irregular and should be avoided at all costs. Can anyone out there shed light on this and how frequently it happens?
Angela, still in bad shape, admits on the stand she loved Stabler, humiliating Wheatley and maybe causing Benson a twinge of hurt feelings. After her testimony, Wheatley has a tantrum and asks Barba what kind of soap opera is he running? For a minute, I was seeing, in Wheatley’s outrage, all those SVU fans who've had similar complaints about SVU these past few years.
All in all: excellent writing, excellent character interactions, a cinema-worthy production, and a lot to talk about!
Here is the recap:
Benson, bringing flowers, arrives at Kathy Stabler’s grave, the Stabler family is already there to honor her (belated) birthday. They exchange greetings and Benson notes Stabler has shaved the beard. Stabler suggests Italian for lunch - Kathy’s favorite – but Eli begs off to meet with his steady partner. Stabler tells him to check in but after he leaves, when Benson comments that he’s showing he trusts him, Stabler mentions he trusts him but must verify; he has a tracking app on his cell and security cameras at home. Kathleen, who doesn’t want to hear this, walks off with Dickie. Stabler comments the last 9 months have been a blur and until the Wheatley trial there isn’t closure. Benson comments Carisi said Wheatley is out of postponements and the clock is ticking. Stabler thinks it could tick faster.
In motions court Part 45 on Monday, November 29, the judge tells Carisi and Baptiste he is denying the motion for certain evidence regarding Izak Bekher to be admitted at trial. The judge calls is hearsay and that Bekher can’t make himself available for cross examination. Carisi counters he can’t as Bekher is presumed dead, likely at the hand of Richard Wheatley. Wheatley’s lawyer Lisa states her case and the judge reminds her he is agreeing with her and to take yes for an answer. Baptiste moves to set an immediate trail date and Wheatley says that won’t be possible as he is firing his lawyer, and when she is shocked to hear this, he says she is fine for motions but is not cut out for trial. He comments to the judge that is his right as defendant, and the judge agrees and gives him one week. Carisi looks frustrated.
Outside the courthouse, a reporter relays the news, adding Wheatley has changed lawyers for the fourth time since accused for the contract killing of Kathy Stabler. Carisi and Baptiste relay the bad news to Benson and Fin, Carisi wonders how they got Judge Ellery, wondering how he is still on the bench. The reporter comments Angela Wheatley will be taking the stand after turning state’s evidence. Baptiste tells Benson and Fin him will need their help prepping witnesses. Fin comments Wheatley won’t go down easy, Benson adding he doesn’t want to spend one more minute in jail.
Meanwhile in jail, Wheatley interviews potential lawyers and in walks Rafael Barba, Wheatley noting he was born in the south Bronx with a full scholarship to Harvard. Wheatley thinks self made men always have a chip and asks what’s Barba’s? Barba replies he doesn’t suffer fools, especially as clients. He asks to hear Wheatley’s side.
Elsewhere, Bell and Carisi meet with Angela, who is struggling to walk. She doesn’t recall Carisi right away and that he wanted to prep.
Richie Wheatley, on a video call with Fin, says he doesn’t need protective custody and no one knows he is going to testify. Fin explains they will have to inform the defense before trial. Richie knows they will have to tell his dad and seems to have no issue with it, saying that what he did to his grandfather and mother, he is dead to him.
Meanwhile, Barba has accepted Wheatley’s offer. Barba thinks there is ample opportunity for reasonable doubt but they have work to do. He wants to know anything he told Izak, Angela or Richie and anything they told him.
At SVU, Benson and Stabler start to discuss Barba and Fin tells them Barba is there. Stabler introduces himself and Barba says he is sorry for his loss. But Stabler questions this, wondering why he is defending the man who killed his wife. Barba is silent and Stabler walks off, leaving Benson to glare at him. They then walk into her office and she asks why is he doing this? Barba believes it is wrong and if the DA can bring a case like this against someone as wealthy as Wheatley then that gives the license to railroad any defendant at any time. Benson counters that Wheatley is guilty and Barba comments to let the state prove it, that’s how this works, adding they let 30 RICO charges slide but cherry picked this one, thinking One PP pressured them. Benson think that’s how he is justifying this to himself but she is asking him not to take this case. He tells her to be careful what she wishes for; if he steps aside, whatever shark Wheatley hires will put not just the NYPD on trial and Stabler, but HER and he relationship with him. He adds Stabler should have never been allowed anywhere near this investigation and they will eviscerate her on the stand and maybe end her career. She asks if he is protecting her or is this his defense attorney outrage. She asks if this is about Stabler, and he says he doesn’t know Stabler. He then says maybe it’s the first two out of three. He says he knows she is sure Wheatley is guilty – she says she is – and Barba says that does not give the NYPD the right to frame him. She shakes her head and whispers “Rafa” and he turns and leaves.
Day one of the trial and reporter are outside the courthouse, covering the case. Benson and Fin approach Carisi, Fin asking if he got any sleep. Carisi replies he was up all night and Benson says the same but Fin slept like a baby. Carisi tells Benson that Baptiste is going to take her direct and they will both protect her on Barba’s cross. She says she is ready. After they go their separate ways, Carisi runs into Barba who tells Carisi that he looks tired. Carisi smiles and says he slept like a baby. Barba comments, “Good, you’ll need it.” They walk to the courthouse.
In Supreme Court Part 45 on Wednesday, December 8, Benson is on the stand and explains what happened when she arrived at the scene of the car bomb and why she was there. She explains she hasn’t seen Kathy or Stabler in a decade. She was part of the initial investigation because of the unrest that right and there were all hands on deck. The car bombing was not related to those incidents. Under cross examination, he brings up the other suspect in the other car bombings and that the suspects claim of responsibility of the Kathy’s car bomb was not credible, Barba brings up that she and Stabler decided this and she allowed Stabler to interrogate the suspect. She says her take was Stabler’s anger was for show. But Barba shows a video of that interrogation and how Benson had to step in to stop Stabler from getting to the suspect. Barba brings up the many Stabler command disciplines and IAB reviews for crossing the line with a suspect but she says it is over 10 years ago. Barba counters she was aware of his history, asking in hindsight if it would have been better for her and the NYPD to follow protocol and recuse him from the investigation. Benson insists it was with Stabler’s help that they were able to arrest Wheatley. Barba questions if the NYPD condones vigilantism or only if the vigilante is a member of the NYPD? He immediately withdraws the question. Benson stares at him and he says he has nothing further. Wheatley looks satisfied.
Later, Bell testifies to her task force monitoring Wheatley’s organization. They suspected Wheatley of the murder after they arrested Bekher and found records of him buying advice which was found by the arson squad to be linked to the bombing of Kathy Stabler. Barba questions her that with Bekher history with Mossad why would he keep such a trail of evidence and questions if Jet found connections to this and Wheatley and she evades a direct answer. Barba suggests the evidence was planted by the NYPD with a vendetta against Wheatley. She states this is not what happened. Barba mentions the injuries to Bekher and suggests Stabler used excessive force. She counters they had reason to believe Bekher was armed, so she would say no. Barba states Bekher was not armed. He then brings up that her wife’s family is suing the NYPD for use of excessive force against her wife’s nephew, and Carisi quickly objects, asking for relevance. The judge asks Barba is there is, and Barba admits he’s not sure, he just appreciates the irony. Wheatley whispers something to Barba.
Later, Wheatley is in a waiting area and Benson walks in. He thanks her for meeting with him and asks if Barba has to be there. Barba explains that technically Wheatley shouldn’t be meeting with someone who testified against him, and says yes, he has to be there. Benson comments she doesn’t know why she is here and she won’t be here long, telling him to cut to the chase. Wheatley talks about her crash and gives his word he had nothing to do with her car being run off the road. She asks if it’s like his word he had nothing to do with Kathy Stabler’s death. He comments the jury is not even out yet but he wishes they had met under different circumstances. Benson quickly states she doesn’t, but if he has something he wants to confess to her…He says nothing so she turns and says she will see him in court. He says to her that before she goes, the love of his life – Angela – takes the stand tomorrow and Benson may want to make sure that Stabler’s children aren’t there, they probably won’t want to hear what she has to say. He adds that he guesses neither does she. She gives him a hard look and then quickly leaves the room.
Later, Benson and Stabler meet outside and talk about the trial. She mentions she was warned about Angela and when Stabler asks by who, Benson replies whatever happened between him and Angela, Wheatley knows. This means Barba knows and he will use it. Stabler thinks Wheatley is just stirring up Barba and her and Benson comments he is not answering the question. He replies that is none of her business, or the courts. He says the question is why is she really asking. She comments she wishes she could trust him, and she starts to walk off. He asks he what that means, and she sighs and says she knows he is carving his way through a mountain of grief and she has tried to be there for him, but this is a one-way street. She adds he has not asked her one question about what has happened to her since he left. She states he shows up at her house in the middle of the night when her son is there asleep, saying that is hard for her, scary. She says, “And this letter. Why did you give me that letter? A letter that you didn’t even write? What was that about?” Stabler admits he is not sure he even knows. He adds he guesses he did not know how to begin. Benson comments, “That makes two of us.”
Back in court, Angela testifies about how she was poisoned by a nerve agent and which still affects her cognitive skills and nerve functioning but she can still testify. She talks about how Wheatley made her think Stabler killed her son. Under cross examination, Barba gets her to admit that she grew close to Stabler and realized he was not capable of killing her son. She admits they kissed once. He brings up that Stabler was told she had Kathy killed and had her arrested and that Stabler had interrogated her. She said she wanted to tell him the truth. Eventually she must admit she was in love with him. When Barba asks her if she is still in love with him, Baptiste objects and the judge sustains it. Angela says she wishes she wasn’t, she didn’t ask for any of that to happen. Barba counters all she asked for was for Stabler to suffer – and then he withdraws that statement.
Afterward, Wheatley storms into the conference room, angry about the questioning, asking what kind of soap opera is Barba running? He starts throwing things. Barba said he wanted to see that his co-conspirator had a motive to lie. Wheatley is hot but Barba observes it’s Wheatley’s reaction that makes this resonate. Barba brings up Richie’s damning testimony and Wheatley says he wouldn’t worry about him, the kid’s wet the bed his whole life.
In Supreme Court Part 45 on Thursday December 9, Richie is testifying on a video call, Wheatley speaks out and tells Richie he’s always blamed everyone else and isn’t it is time to grow up, adding “You don’t want to do t his, son.” Suddenly Richie looks like he can’t concentrate and then looks off camera and stops talking. He then says he doesn’t recall what he heard. Carisi, stunned, brings up Richie’s statement that he heard Wheatley arrange Kathy’s murder with Bekher and Richie states he doesn’t recall that. He then says he was lying in his statement. He was angry with his father and blamed him. He says he didn’t hear anything.
Later, in the courthouse hall, Baptiste asks Carisi what the hell just happened. Fin is there as Carisi states they said there was no breach of security at the facility, but Fin says they are lying, someone got to Richie. Stabler walks up and says it was Wheatley. Baptiste tells Stabler he is up next and Barba’s whole defense is Stabler is out of control. He needs him calm and collected up there. Stabler says no problem. As Baptiste walks off, Stabler asks Carisi if there is something on his mind, and Carisi explains right now there is no reason for Wheatley to take the stand, and to not let Wheatley to get into his head as Stabler knows this guy and find a way to get into his.
In Supreme Court Part 45 on Thursday, December 9, Stabler must testify about the circumstances of Kathy’s murder and how he got involved with the Intelligence Unit and Wheatley’s organization. Barba cross examines and asks about Bekher and Angela Wheatley. The judge warns Stabler to only answer the questions he’s been asked. Barba continues to pepper Stabler with questions, bringing up his PTSD and treatment and his family problems. Stabler continues to elaborate outside the scope of the question, causing the judge to continue to warn him. Stabler brings up that Wheatley had Benson forced off the road and the judge tells him one more word and he is holding him in contempt. Stabler asks the judge how much Wheatley is paying him, the judge holds him in contempt and has the officers remove him.
Later, an officer brings Stabler into the restroom, and Stabler quickly finds Wheatley is there, coming out of a stall. Wheatley mentions this awkwardness and that Stabler had some performance out there. He adds he was surprised to see Benson in the gallery and that he must have some mansplaining to do. Stabler says Benson knows a lot more about what went on between him and Angela that the jury does, she’s good like that. Wheatley says Angela is a shell of her former self and she hasn’t been the same since her son died. Stabler comments that is not his experience with Angela, it seems as if grief was a powerful aphrodisiac. Wheatley thinks she was playing Stabler, and Stabler says she was – over and over. Wheatley says when this is over she will be by HIS side. Stabler counters maybe so, but trust him, she’ll be thinking of HIM. The officer comes in to get Stabler and Wheatley, saying the court is back. As Stabler leaves, Wheatley quietly fumes.
As the trial resumes, Barba claims the state hasn’t met its case, the defense rests. But then Wheatley stands up and says he’d like to say a few words. Barba quickly says, “No, you wouldn’t” and Carisi stands up and says if Wheatley is inclined to take the stand they have no objection. Barba asks for a moment with his client and Wheatley says he doesn’t need a moment, he’d like to testify, it is his constitutional right and if his lawyer won’t go along with that he'd like to request a change in representation. Benson walks into the courtroom with Angela. Wheatley sees this, as does Barba, with a curious look. Barba comments that Wheatley is the boss and it is his call. Barba looks concerned.
With Wheatley on the stand, he testifies that his sense is Stabler experienced a terrible tragedy and the thick NYPD blue line allowed Stabler to run a rogue investigation during which he somehow fixated on implicating him in a crime he did not commit. His guess is Stabler was in New York to testify against some gentleman from Puglia and conflated that investigation with the death of his wife. He adds as the jury as seen, once that man gets something in his head, he’s like a junkyard dog with a bone. It has probably served him well as a detective; Stabler will grind his teeth to the nubs chewing through that bone and then swallow the shards. He says that empathically, adding he too has suffered tremendous loss – his father and his adopted son – and his ex-wife poisoned, and as he starts to fake-cry, he mentions his son rotting in a jail cell. His whole family is torn apart. He says he and Stabler have that in common. Barba thanks him. But Wheatley keeps talking, and says to be fair to Stabler, he is an obvious target. His father was a career criminal but he is a businessman, not a murderer. Barba says to be clear, he had nothing to do with the murder of Kathy Stabler. Wheatley states not at all, nor did his ex-wife, Angela. He goes on to say it has been suggested she conspired with Bekher to have Stabler killed and nothing could be further from the truth. Barba asks so what is the truth? Wheatley says despite the prosecution pressuring her to testify against him, but in no stretch of the imagination does that mean either of them set in motion a contract killing, saying that is ridiculous. Barba asks who did, and Wheatley says Izak Bekher, of his own accord. When he found out about it he confronted him and threatened to report him but with multiple passports, he just slipped into the wind.
Carisi, starting his cross examination, says that seems convenient, implicating the one person who can’t be called to testify. Wheatley mentions Occam’s Razor – simple truths often seem convenient. Carisi asks Wheatley isn’t he the boss and how could an employee unilaterally murder Kathy Stabler without his knowledge? Wheatley says Bekher’s job was security and not his (Wheatley’s) job to monitor his every waking moment. He adds in hindsight he is guilty of trusting the wrong man. Carisi comments and making sure that guy is never seen or heard from again, which seems to be the fate of Mr. Bekher. Barba objects and Carisi withdraws it. Carisi says all the witnesses to the crimes Wheatley may have ordered are now either dead or incapacitated yet he’s not responsible for any of those attacks. Carisi laughs and says he must be the unluckiest guy in the world, maybe the luckiest – he quickly withdraws this. Carisi mentions Raffiq’s death and at that time wasn’t he working as a drug dealer? Wheatley replies he knows it is convenient to depict all young black men a drug dealers, but Raffiq was also a poet. Carisi mentions Raffiq was selling a bootleg version of a drug Wheatley manufactured and when Wheatley found out a rival gang was doing the same thing, what happened to them? Wheatley replies he has no idea what he’s talking about. Carisi refreshes his memory, saying they were all gunned down, just like Raffiq. Barba objects about the relevance and Carisi says it speaks to motive, a question they have been circling for days – why Kathy Stabler? He yells was Kathy Stabler murdered because Wheatley couldn’t risk Angela finding out it was Wheatley who executed her son because he was ripping him off? Barba objects and the judge sustains it, but Wheatley tersely asks Carisi if he really thinks that repeating that canard over and over will make it come true? His voice raised, he says for the last time, he didn’t have anyone murdered; if he wanted someone dead, they would be dead, including Carisi. The jury and the gallery whisper in shock, and Carisi looks at Wheatley with satisfaction. Wheatley looks regretful and Barba looks dejected. Benson and Angela look thrilled. Carisi laughs, and says, “I’m sorry, did you just threaten a prosecuting attorney in open court?” Carisi walks back to the table, leaving Barba concerned and Wheatley silenced.
Later, in a bar, Barba walks in and seen Benson sitting near a window. He walks over to her and tells her the jury is still out, the judge sent them back three times. Benson says, “Deadlocked. So you did your job.” Barba states he would have had an acquittal if her partner hadn’t feigned losing it, goading Wheatley into testifying. Benson thinks Barba wanted Stabler to lose it, and Barba comments that Stabler knew that and drove into the skid. He even had her bring Angela in. Benson says they both did their jobs. Barba agrees they did. Barba stays Stabler coming back made things more complicated, but Benson interrupts him, asking now they are going to have small talk? He says the problem being an empath is that it's too easy to lose yourself when other people need you. She states just so they are clear, she feels betrayed by Barba and she doesn’t know how she will never get over it. She gets up and moves to leave. But he tells her the jury is back. She walks off.
In Supreme Court Part 45 on Thursday, December 9, Wheatley tells Barba whichever way this goes, he did a hell of a job and asks if he would be his consigliere. Barba replies “With all due respect, it’s not enough money in the world. “ Benson arrives in the back of the courtroom and sees Stabler, asking where is Eli. Stabler says he studying, doing his homework but not answering his phone. He shows her the security camera feed and says his mom is checking on him. He gets a call from Bernie and finds that Eli is not there and realizes that Eli has looped the camera video. He also heard Eli emptied her medicine cabinet. Stabler has to leave. But before he leaves, he hears the jury foreman say they have not reached a verdict and they are deadlocked and they don’t think more time will help them come to a verdict. Carisi comments they have been deliberating for less than a day and Barba says any longer it could extend over the holiday break and moves for a mistrial. The judge does not see this being resolved and he declares a mistrial. Wheatley is happy and the judge thanks the jury. Carisi and Baptiste are confused and disappointed. Wheatley is remanded and he looks back to Stabler and spits on the ground. Kathleen asks Stabler what the ruling means, and he says it means they lost. Benson says they will try him again, but Stabler wonders will they? He says he has to find his son, and he walks off. Benson turns to look at Barba and he gives her a long stare back. She shakes her head and she turns to walk away as we fade to black.
