Previously onBull...
Ms. Rentzel?
You recently met a young woman
by the name of Zola Macer.
A hacker, goes by Tidal?
You should be more careful who you associate with.
CHUNK: A new A.U.S.A.
has been assigned to Bull's case.
Dr. Bull! [chuckles]
Come on, Finchy-doodle.
Parker Reilly.BULL: Well,
if I'm gonna be wrongly imprisoned for ten years,
at least it's by the best.The max is 15 years,
and that's only a sentencing guideline.
I'd argue for more.
You want to win this case,
or do you want to help
get to the truth?
[pop music playing faintly]
[indistinct chatter]
[speaking inaudibly]
Looks like Babiack's new supplier's a no-show.
[over radio]: Okay, if there's no deal, let's call it.
Try again tomorrow.[over radio]: Copy that.
Before you go, can you grab me a coffee?
Cream and...
...sugar.
Scott, stay in place. You copy?
Copy. Where am I looking?
Front door.
Danilo Kovalev.
The agency's been trying to bust Kovalev for decades.
SCOTT: He's on the move.
I'm gonna keep eyes on him.
This could be our only chance.
COOKE: Wait for backup.
You copy? Scott.
[Olek speaking Polish]
OLEK: You went behind
Mr. Kovalev's back.
BABIACK: I didn't do it.
I wouldn't.
Who were you meeting?
BABIACK: No one. I swear.
[clattering]
Nothing here.
Lose it.
Da.
Hey!So sorry.
Watch it.
[sighs]
NIKO: Mr. Kovalev.
On the house.
KOVALEV:Niko.
You are very generous.
SCOTT: Enjoy the pastry.
[gun clicks]
I heard prison food sucks.
Danilo Kovalev.
You're under arrest.
COOKE: You have the right to remain silent.
Anything you say can and will be...
[indistinct radio chatter]
Oh, we bagged Kovalev. Put that on my tombstone.
For once, I'm actually looking forward to the paperwork.
Oh, I'll handle it.
You got stuck logging the evidence last time.
I did, didn't I?
Have at it. Hey, drinks tonight?
Drinks tonight.
[exhales]
BULL: Where are you?
Well, you were supposed to be here 20 minutes ago.
And I'm not exaggerating when I say a man's life is at stake,
so-- No, no, no, don't put me on hold.
[Finch barks]
Oh, hi, there.
Are you in legal trouble?PARKER: Finch!
Finchy! Ah. Sit.
Stay. Finchy.
Get her. Yeah.
No, I'm not at the state-- Okay.
No, I said federal courthouse, not the state courthouse.
No, not all courthouses look the same.
Give me a sec. I'm a man in need of pepperoni.
I know you can get the job done.
Thank you.
Hi, Reilly.
You waiting for a pizza?
I am waiting for 30 pizzas, actually.
What do you want with 30 pizzas? A coronary?[chuckles]
Well, I have 12 hungry jurors about to deliberate.
So I'm gonna place those 30 pizzas
right outside the jury room door.
Not inside, 'cause that would be bribery.Oh...
And I am going to, uh, let the aroma waft into the room
and they will come to their decision more quickly.
And the quicker the decision,
the more likely they are to acquit.
Bingo.
That doesn't break any technical rules,
but it is certainly unorthodox.
Most good ideas are.
Listen, I called TAC, they told me I'd find you here.
What crime am I being falsely accused of now?
No crime. At least that I know of.
Hmm.I need your help.
My help?
Hmm.
I'm prosecuting Danilo Kovalev on a RICO murder charge.
Yeah, I heard about that.
Didn't a DEA agent see him pull the trigger?
Sounds like a slam dunk.Yeah, not anymore.
Tomorrow the DOJ's going public
with the fact that the DEA agent, Darren Scott,
was caught stealing cash from evidence.
Now, he's refusing to testify against Kovalev
unless he gets immunity.
Give him immunity, if that's what it takes
to lock up a drug lord.
Scott stole from the Kovalev arrest, too.
Ah, and Kovalev's attorney will use that to discredit him.
Bingo.
Well, it might hurt a bit, but I still say
the move here is to put Scott on the stand.
If I let Scott off the hook, it sends the message
that it's okay for agents to be dirty,
and dirty agents compromise investigations.
Which compromises prosecution.
It's a domino effect.
The entire justice system suffers.
So this slam dunk is really more of a Hail Mary?
[blows raspberry] Without Scott,
I only have circumstantial evidence.
It'll be like prosecuting with one arm behind my back.
Yeah.That's why...
I want to hire you.
No, you don't.
I do.
Really, you don't.
Is this about our history?
No, I have only the fondest memory
of you trying to put me in prison.
I know you were just doing your job
and I get that, but...
All right, so what is it?
[sighs]
I don't think you'd like my process.
You think outside the box.
There's nothing wrong with that.
How should I put this?
I'm pepperoni pizza, and you're steamed broccoli.
So what?
Combined just right,
those two can taste awfully good together.
Can they?
Look, Kovalev's on trial for murdering one man.
We suspect that that he is responsible for a dozen others.
None of those victims' families got justice.
This is the DOJ's one chance to put Kovalev away for good.
I need the best, and-and-and you are the best.
You should have led with that.
You'll do it?Well...
I mean...
What the hell?
But when you find yourself hating me
and every move I make, remember that I warned you.
Noted. Thank you.
Ooh. My acquittal is here.
You want a slice?Mm, mm-mm.
[laughs]: Okay.
Hey, guys. Thanks for coming.
You finally made it. We're going into the courthouse.
Outside the jury deliberation room, not inside.
Come on. Double-time.
I'll do this one.
Okay.
♪
So, we're teaming up with the man
who tried to put Bull in prison?Awkward.
If Bull can get past that, so can we.
He did have his back in the end.
Okay, United States v. Danilo Kovalev.
Surprisingly, the first time his name's been on the docket.
Really?
Guy's notorious.
Notoriously hard to prosecute.
I heard you guys aren't using Agent Scott's testimony.
What about the partner?BULL: Agent Cooke
was in the van, so she was not a witness to the shooting.
REILLY: And she didn't see Kovalev
enter or exit the basement where the murder took place.
MARISSA: Surely someone from the coffee shop
could place Kovalev in the basement.
Probably, but Kovalev's reputation
as a dangerous crime boss is keeping people quiet.
All except one.
Francesca Gant.
A customer. We're prepping her today.
CHUNK: Yeah, I'm sorry,
but one witness placing Kovalev near but not at the crime scene?
If I'm defense counsel,
I'm ripping that apart.Admittedly,
the evidence is thin, but Kovalev
had someone with him that day, an associate.
We find him and we flip him.
Uh, we only have a first name. Olek.
But the, uh,
DEA suspects he fled to Warsaw.
We have agents on the ground there now.
BULL: Taylor,
you are gonna coordinate with the DEA search.
On it. REILLY: Actually, you're off it.
Excuse me?
Ms. Rentzel didn't pass DOJ clearance.
BULL: What are you talking about?
She's one of the most skilled analysts
in her field.I understand that,
but her association
with a hacker named Tidal
earlier this year caused some internal concerns.
BULL: What are you talking about?
She was cleared of any wrongdoing.
It doesn't matter. Even the suggestion of Ms. Rentzel's
criminal association could taint the investigation.
So not only are our hands tied behind our back,
but you're cutting our head off, too?
I'm not cutting off anything.
We have a very capable DEA team
already searching.It's not my team.
TAYLOR: It's okay, Bull.
I'm sure the DEA can handle this.
No, this is ridiculous.
TAYLOR: Really. I'm good.
Just drop it, please?
BULL: Okay.
Danny, you will be the liaison
with the DEA search,
and that is nonnegotiable.
Not a problem.
You see? We found a compromise.
Broccoli and pizza.
[scoffs]
FRANCESCA: I was at the back of the coffee shop
near the staircase when this guy
came out of nowhere and bumped into me.
And this was the defendant, Danilo Kovalev?
Yes.
I remember because when he bumped into me,
my coffee went everywhere.
Okay, hold on, let's pause for a second.
You said he "bumped" into you,
but maybe it was more of a push?
I wouldn't really describe it as a push.
Ah, how would you describe it?
As a bump.
Mm. Bump.
Just looking for another word.
Maybe "shove"?
Sorry, it was just a bump.
Okay, just...
work with me here, help me find a synonym.
Maybe he collided with you?
REILLY:Bull?
Can I speak with you?
Sure.
Don't put words into my witness's mouth.
Oh, I thought she was our witness.
A pizza gag is one thing,
but lying is a boundary I will not cross.
Okay, I don't want her to lie,
but right now, her testimony, it's limited.
Look, she didn't see Kovalev pull the trigger.
She didn't even see a gun.
I need to tell a story.
Yeah, but you're trying to change her story
before she's finished telling it. No.
"Bumped" is a friendly word.
We need to paint Kovalev as a stone-cold killer.
Killers don't bump. She needs oomph.
I want facts, not oomph.Okay.
So you want to put Kovalev in prison,
you've hired me to help you do that,
and I'm telling you that this word "bump"
is not gonna convince 12 jurors
to put someone away for the rest of their life.
I mean, if you want to give it a try, go for it.
Okay.
Uh, let's, uh, try this again.
This time with
a little more... oomph.
So, I checked in with the DEA team that's hunting Olek.
They've been searching the same Warsaw spots for weeks
and coming up empty.
It's like a depressing game of Where's Waldo?
We need you.
Love to be able to help, but I'm benched.
You're just gonna accept that?
I don't want to taint the investigation.
[sighs] Come on, you're not gonna taint anything.
I put a lot in jeopardy when I worked with Tidal.
I don't want to jeopardize this case, too.
Did you know this Olek guy
is suspected of killing multiple people?
I thought Kovalev was the shooter.This time.
But rumor is, Olek's got a pretty big body count himself.
He needs to be taken off the streets.
So now you're guilt-tripping me.
Yes.The answer's still no.
[sighs]
Can you just reach out to your contacts at Homeland?
See if they can point the DEA
in the right direction overseas?
I'm sure the DEA's checked in with Homeland.
Government agencies rarely know what the other hand is doing.
They're too proud and territorial.
True.
Look, I'll keep your involvement off the books.
Just a call to Homeland.
That's all I'm asking.[scoffs]
Furthermore, the evidence will show that Danilo Kovalev
was in the coffee shop's basement that morning.
My question to you, the jury, is simple: why else
was Kovalev in that basement,
other than to murder Konstantin Ba...
[phone ringing]
NOLAN: Whosever phone that is, turn it off,
before I have court security confiscate it.
Your Honor, excuse me.
It is my mother's medication reminder.
May I quickly help her?
Very well, but please hurry.
Yes.
Mamochka.
It's okay. I got it.
Forget "not guilty," this guy wants an Oscar.
I don't know what Kovalev's doing,
but I just lost two jurors.
I apologize for the interruption.
Mr. Reilly, please continue.
I was essentially done, Your Honor.
Since Ms. Lamont's reserving her opening,
are you ready to proceed with your first witness?
Yes, the government would like to...
One moment, Your Honor.
What is it? [whispers]: Ask for a recess.
No, we need to keep momentum with the jury.
Ask for a recess or I will throw this pencil
at the judge and we will get one the hard way.
Very funny.
The government requests a brief recess.
Kovalev put on quite a show in there.
I know. The good son act. Hey, don't worry.
I'm sure the jury saw through it.
I don't think so.
You were busy watching Kovalev, I was watching the jury.
They wanted to hug that cuddly bastard.
Oh, come on.
Kovalev is obviously a sociopath.
You can't get more dead behind the eyes than that man.
You see him that way because you know about his crimes.
You are primed to see a sociopath.
The jury comes in a blank slate.
And now?
And now, that slate reads "angelic son."
We need to convince them
that he is a dangerous criminal, Reilly.
I just told them that in my opening statement.
We need to show them, not tell them.
If Kovalev is playing theater...
...I think it's time we went full opera.
♪
LAMONT: Objection.
These theatrics are outrageously prejudicial.
Your Honor, the safety of our witness is of paramount...
All parties to the bench, now.
This bodyguard stunt is clearly intended
to make my client look dangerous
in front of the jury.He isdangerous.
Dr. Bull, please.
Using these marshals
to paint the defendant as violent
is not only prejudicial, it's disappointing.
I expect better from the government.
I'm sorry, Your Honor.
Marshals, you may be excused.
Your presence here is unnecessary.
Now, let's get
to the witness, and no more antics.
Got it?Of course, Your Honor.
I feel icky. That was a cheap stunt.
It was worth it. They're scared of him now.
REILLY: Ms. Gant,
where were you around, uh, 10:00 a.m.
on Wednesday, February 9?
I was at the Romanian Garden coffee shop near Ocean Parkway.
I like to study there sometimes.
And did anything unusual happen that morning
of February 9?
Not that I recall.
You don't recall anything out of the ordinary?
No.
Do you remember spilling your coffee?
Yes.
Excellent. And do you recall who spilled your coffee?
No.
Uh-oh.
MARISSA: Did someone catch a case
of witness amnesia?
[sighs] Looks like it.REILLY: You don't remember
who collided with you
and spilled coffee all over your shirt?
No.
[sighs] Your Honor,
I'd like permission to treat Ms. Gant as a hostile witness.
NOLAN: Granted. You may proceed with leading questions.
REILLY: Ms. Gant, isn't it true that the person
who spilled your coffee was the defendant,
Danilo Kovalev?
I can't recall.And isn't it true
that at the time Kovalev spilled your coffee,
he was coming from the staircase that leads to the basement?
I can't recall.Ms. Gant,
may I remind you that the penalties of perjury
include serious prison time?
Now, I'll ask you once more,
didn't you see the defendant come from the basement?
The same basement
where Konstantin Babiack was found murdered?
Objection.I'm allowed to ask leading questions.
But you're not allowed to testify for her.
I'm doing no such thing.Your Honor.
NOLAN: Overruled.
Ms. Gant, please answer the question.
Did you see the defendant
come up from the basement?
It doesn't matter how many times you ask me,
I can't remember.
Kovalev got to Francesca.
We've lost our witness.
No, we've lost our case.
[sighs] All right.
There's only one way to win now. You know what we need to do.
Yeah, I'll go back to the witnesses from the coffee shop.
See if I can get someone to change their mind
about testifying.
So Kovalev can scare them the way he scared Francesca?
Fine, I'll put Agent Cooke on the stand.
She wasn't inside. Won't work.
I'll call an expert witness. Someone from the task force
investigating the Kovalev operation.
Won't work.
I know you don't like this,
but there's only one witness who can put Kovalev in prison.
In exchange for your testimony,
the government is willing to reduce your current sentence
from ten years to four.
I thought you guys came to play.
It's a decent deal.
I want better than decent, or you can find another witness.
Fine. One year.
That is as low as I'll go.
No. I want out today.
BULL: A year is nothing.
It'll pass in the blink of an eye.
I am not gonna make it a year.
They're gonna kill me in here.
You should have thought of that
before you broke the law.
I kept the streets safe for kids.
I put criminals away.
I put my life on the line every day
and barely made more than minimum wage.
I just took what I deserved.
You deserve prison time.
Look, my dad has advanced Alzheimer's.
I couldn't take care of him on my salary.
The federal government doesn't need that money. My dad did.
What does it matter?
It matters because you took an oath. The same one I did.
And if it's meaningless to one, it's meaningless to all.
Today.
You're lucky there's someone out there he wants to put away
more than you.
You owe me. Big-time.
Why?
My call to my Homeland contact turned into a two-hour lunch.
He kept on trying to sit on my side of the booth
for "security reasons."
Wasn't fun.Did you at least get
anything out of it?Yeah.
He ran the Olek photo through facial recognition.
He hasn't boarded any flights since the murder.
He's not in Warsaw.
Well, the DEA's looking in the wrong direction.
I got to text them.
MARISSA: I just got word from Bull.
Agent Scott is cooperating.
Bull and Reilly are prepping him tonight.
We don't need Olek for trial?
Oh, no. If we can find Olek, we want him.
Scott's an eyewitness,
but he's also corrupt.[phone chimes]
The jury might not think his word
is enough to convict.
Damn it.
Well, the DEA's not gonna be much use finding him.
Why not?
Taylor got a tip from Homeland
that Olek hasn't left the country.
I passed the intel on to my DEA guy
and all he said is, "I'll look into it."
You know what that means.
"Don't call us, we'll call you."
Yep, the bureaucratic kiss-off.
They're never gonna find Olek if they keep
dicking around Warsaw.
Hold up.
You've been helping
with the search for Olek?
All I did was make a phone call.
And eat too much green curry
with an annoying ex-colleague.
But I'm back on the bench,
where I'm supposed to be.No, no, no.
I don't want you on the bench.
You heard Danny.The DEA
is not gonna find Olek on their own.
Well, you heard Reilly.
If I'm involved
in the investigation, it could get tainted.
Maybe, maybe not. Reilly is not right about everything.
He thought Bull was a criminal.
You said you were past that.
I lied. We need to find Olek, Taylor.
Oh, who am I kidding? I hate being on the bench.
I'm in.He's not at any of his known locations,
and his cell and credit cards have gone dark.
Someone connected to Kovalev must know where Olek is.
Sure. Let's just stroll
on into Kovalev territory and say,
"Hey, has anybody seen Olek?"
Actually, that's exactly what we'll do.
[song in foreign language playing]
DANNY:Hello.
I'm a private investigator.
I'm looking for a man named Olek.
Okay.
I'm looking for Olek.
He's a friend of Kovalev's.
No English.
Well, if you see him, let him know
Alexis Woods is looking for him.
I knew it was Kovalev right away.
How's that?
His picture's been hanging up in the DEA's office
as long as I can remember.
Besides, you don't forget a face like his.
What do you mean?
SCOTT: He just looks
like a criminal, you know?
And you have particular experience
knowing what a criminal looks like?
[clears throat] Oh, yeah.
I've busted dozens of crooks. They're all the same.
[exhales] Must be hard, working around scum like that.
Reilly.
I do what I can for the good of the country.
That's what really inspired me to put my life on the line
every day, you know?That's what inspired you?
Not the cash?Okay.
Excuse me?Stealing cash from the scenes.
Isn't that what really
inspired you every day?
BULL: Hey. Agent Scott.
Give us a minute.
In fact, we're gonna take five.
You do realize Scott's testifying for us?
I know. I won't ask those questions
in front of the jury, obviously.
Obviously, because the jury is gonna sense your contempt.
You need to find a way to hide it.
I just can't stomach that Captain America schtick.
The hypocrisy of it all.
Reilly, the world is not a binary place.
It as a gray and messy place.
A place where Scott, yes, is a criminal,
but he's also a man who's done some good.
In theory, I get that, but when I see his smug face
going on about his love
of his country, I want to punch him.
Well, if Scott's face is the problem,
then replace it with another.
What do you mean?
Try this visualization technique.
When you're facing Scott,
picture someone you trust implicitly.
You think that'll work?
It better.
REILLY: Why did you become
a DEA Agent, Mr. Scott?
I got into this line of work because of men like Kovalev.
Because you wanted to clean the streets?
Yes.And protect Americans?
Yes.
In doing so,
did you ever place your own life in harm's way?
Every day.
Weren't you, in fact, injured in the line of duty?
I was shot right here, in the shoulder.
REILLY:Despite this harm and the risk
of being shot, you proudly went to work every day?
I did.Why is that?
Because I took an oath to protect this country.
No further questions.
Well, look at you. Turned a corrupt cop into a Boy Scout.
We're done here. You can take him.
[indistinct radio chatter]
It's a bust.
No one's taking the bait.It'll work.
Once Olek learns someone's asking about him,
he'll check the fake website.
It's classic curiosity killed the cat.
My cat's too smart to let her curiosity kill her.
[computer beeping]
Well, someone's not that smart.
DANNY: Someone's accessing the site?As we speak.
And that means my malware is being dumped onto their system.
Okay, what does the malware do?
It gives me access to the computer
of whoever's visiting the site, including their webcam.
It's the guy I gave my card to.
Between you and me,
I should have given him a breath mint.
MAN: Olek?
[speaking Polish]
Any chance he told Olek to check out our site?
No idea. But I don't need him to.
I can mine this guy's computer and hack his recent call log.
And that'll get you Olek's number?
He drew us a map straight to Olek.
That was an impressive turnaround.
So tell me,
whose face did you picture instead of Scott?
The only face that's never let me down. Finch.
[whimpers]
Ah. Man's best friend.
In some cases, man's only friend.
[chuckles]
I know it's not easy for you.
Having to turn Scott into a hero.
It feels strange to say, but it wasn't as hard as I expected.
Is that what's bothering you?
When a government official goes corrupt,
it's not usually one big dramatic move.
It's small steps. Each time there's a justification
for moving the line.
"I need it." "I deserve it."
Until they can't see who they've become.
People rationalize their behavior
to make it acceptable to themselves.
I thought I'd never have to worry about
that kind of slippery slope,
if I never got out onto the slope in the first place.
And tonight, you stepped out onto the slope.
I did, and I was fine.
The world didn't crumble.
That kind of terrifies me.
What step will I take next?
[knocking on door]
We found Olek.
What?
Without the DEA's help.
Well, where is he?
I tracked his burner phone to this neighborhood.
Ms. Rentzel, I made it crystal clear
that you were to stay away from the investigation.
There's no warrant in place.
Whatever you've captured is completely inadmissible.
I can't...He's on Scott's street.
He's gonna try to take Scott out.
Call the marshal.
[siren wailing]
[indistinct radio chatter]
[tires screeching]
What happened?
Scott went into the backyard to have a cigarette.
We heard a shot, ran out, found Scott on the ground.
He's still breathing, but...
...it looks bad.
Olek got to him.
[elevator bell chimes]What's Scott's status?
He's alive, but in a coma.
[sighs]Will he recover?
It's too early to tell.
As of now, doctors are giving him
a five percent chance to wake up.
[sighs] Do we know where Olek is now?
I lost his signal not long after Scott was shot.
DANNY:Olek's been hiding for a while. Wouldn't surprise me
if he routinely changes burner phones.
What about the gun found at the scene?
Any connection to Olek?
REILLY: Ghost gun.
Untraceable.CHUNK: If we can't find Olek,
and Agent Scott's out of commission,
this prosecution's over.
Kovalev's team will easily
have this case dismissed.
REILLY: And he'll have added another body
to his tally-- this time, on my watch.
DANNY: He had security.
This isn't on you.
I hate that Kovalev's gonna
get away with this.
He won't get away with it if we have Scott testify.
TAYLOR: How?
We recorded his prep.
Of course. We can use that.
Isn't that hearsay?
Technically, yeah.
But there's an exception called forfeiture by wrongdoing
that allows you to enter hearsay into evidence
if it's the other side's fault
that our witness isn't available.
I'd say a coma qualifies as unavailable.
What happened to Agent Scott is a tragedy.
But Mr. Kovalev had nothing to do with it.
You can't be serious.
The night before Scott is set to testify
against your client, he's shot?
Who do you think did it? The Tooth Fairy?
Dr. Bull.LAMONT: Need I remind the court
and Dr. Bull
that Agent Scott
routinely put notorious criminals away.
Yes, like your client.
And Agent Scott is an admitted thief.
This is a man who has many enemies.
REILLY:Judge, with all due respect,
the timing of Scott's shooting can't be a coincidence.
Obviously Kovalev ordered the hit, and therefore,
under the forfeiture by wrongdoing rule,
we should be allowed to use the recorded testimony
of Agent Scott.
Do you have any evidence of Kovalev's involvement?
Not directly, but we have reason to believe
that Kovalev's associate Olek acted under his orders.
I don't know any Olek.
Do you have any evidence to support
your theory that this Olek shot Scott?
Nothing admissible right now, but we're working on it.
NOLAN: I agree the timing is curious.
But it doesn't matter what you or even I might suspect.
Without something to hang my hat on,
I can't find that Kovalev's responsible
for making Agent Scott unavailable.
LAMONT: Judge Nolan, we'd like to move
for a directed verdict
in favor of the defendant.
BULL:Now wait a minute. If Your Honor
won't let the video of Agent Scott in,
we would like to bring Scott himself in to testify.
There's a chance Agent Scott might be well enough to testify?
BULL: Yes, but he needs rest
rest at the moment. Give us two weeks.
NOLAN: Mr. Reilly, two weeks sound right to you?
Yes. Yes, it does.
We just lied to a judge. A federal judge, at that.
Okay...I could be censured.
We didn't lie. We left things open to interpretation.
Come on.
Look, Judge Nolan asked if there was a chance
Scott would be able to testify,
and I answered truthfully.
Yes, there's a chance.
A five percent chance.
He didn't ask if it was a good chance.
I guess you weren't technically lying
to the judge when you said Scott needed rest.
No, I wasn't.Okay.
We bought time. For what?
[sighs]
Well, we need to find evidence that Kovalev
ordered a hit on Scott.
What about that burner phone that Taylor captured?
Maybe we can use that to get Olek to flip on Kovalev?
The burner evidence is inadmissible.
Olek won't know that.
And once he flips, it won't matter.
He becomes our evidence.
Okay.
How do we flip Olek if we can't find him?
Well, I know someone who happens to be very good
at finding an Olek in a haystack.
But you might have to do a little bit of groveling first.
[sighs]
Ms. Rentzel?
I owe you an apology.
I should've included you in the investigation from the outset.
It's fine. I get it.
You were just doing what you thought was best for the case.
Any new leads on Olek's current location?
Not yet. But I recorded this man's call to Olek.
It's how I found his burner phone.
MARISSA:I just finished running their conversation
through a translator.
He asks Olek
if he is still in "the bowels of the greedy tiger."
The bowels of the greedy tiger?
It might be a Polish expression
for "jeopardy."
Maybe it's not a metaphor. There is a convenience store
in Kovalev's neighborhood called The Greedy Tiger.
I wonder if bowels means he's staying in the basement?
I'll send a team there right away.
DANNY: Judge Nolan's chambers called.
There's a problem.
NOLAN:An affidavit from Agent Scott's doctor.
Courtesy of Ms. Lamont.
Don't bother, Mr. Reilly. It's very easy to sum up.
Agent Scott won't be able to testify
in two weeks because he's in a coma
with very little chance of recovery.
So little, in fact, his family
is pulling the plug this afternoon.
Hmm. Well, then, Agent Scott's death
will be on your client's hands.
Where is the evidence? The only evidence I see
is that you and Mr. Reilly falsely claimed
Scott would be able to testify.
I never said that. I did not lie.
Enough. Mr. Reilly?
Judge, I'm-I'm sorry if I misled the court,
but I have an update that makes this whole issue moot.
We've located Olek, the man we believe
Kovalev ordered to shoot Agent Scott.
Well, where is this mystery man?
We only need a few hours to arrest him and meet with him.
You snowed me for time once before, Mr. Reilly.
Why should I believe you now?
This man we're arresting, Olek,
he can testify as to both Scott's
and Babiack's murders.
But as you stand here now, you haven't yet arrested this Olek.
So you have no evidence
that Kovalev had anything to do with Agent Scott's death.
Without Scott, you have no evidence
that Kovalev murdered Babiack.
I have no choice
but to grant Ms. Lamont's motion and dismiss this case.
Let's go to court
and put it on the record.Please.
You can't let Kovalev get away with this.
I'm sorry, Mr. Reilly. You've left me no other option.
Don't do this.
Mr. Reilly, please move.
Come on. Let's get this wrapped up.
What the hell?
[grunts] Son of a bitch.
That's one way to object.
BULL:Your Honor, let's take a breath.
Let's take a breath? I just got sucker punched
in my own chambers.
You can forget about going to court.
I'm gonna sign an order of dismissal right here, right now.
Clearly, A.U.S.A. Reilly is having
some sort of mental breakdown.
But please don't dismiss this case.
Not, at least, until you've heard
the argument as to why you shouldn't.
Argument from what attorney?
I'm not letting this maniac
back into my courtroom.
I can have an attorney here by the end of the day.
Chester Palmer.Okay, clearly,
this is just another stall tactic.
If you dismiss this case now, Kovalev walks.
Until he is inevitably brought to trial again.
He just killed a witness.
Who's next? A juror? A judge?
Have Mr. Palmer here by the end of the day.
As for you, Mr. Reilly,
I never want to see your face in my chambers
or courtroom again.
Understood.Get him out of here.
He can cool off in a holding cell.
OFFICER: Yes, Your Honor.
You went full opera.
Make it worth it. Lock Kovalev up.
[dog barking]
Hey, Olek.
Get on the ground.
Hands behind your back.
[handcuffs clicking]
You have the right to remain silent.
We can place you near Agent Scott's street
minutes before he was shot.
Okay. [laughs]
Look, you're not the one we want, Olek.
I've been deputized by the DOJ to offer you a one-time deal:
admit that Kovalev
ordered the hit on Agent Scott, admit that
it was your gun at the scene,
and you're a free man.
I have nothing to say.
Scott was a federal agent.
That's a capital offense.
That's the death penalty.
Use your head, Olek.
Give Kovalev up.
Are you afraid he's gonna have you killed, too?
Because we can offer you protection.
Kovalev would not kill me.
He knows you can bring him down.
Kovalev is not a bad man.
People fear him.
I do not know why, but they do.
Maybe your friend,
this, um, Agent Scott,
maybe he feared testifying against Kovalev.
Maybe he feared so much, he take his own life.
I don't know. Maybe it was his gun you found.
Maybe he pull trigger.
Okay. I don't have time for this garbage, man.
Shame, really.
Kovalev never would have harmed him.
Kovalev would never harm anyone.
REILLY: Did we get him?
We got Olek,
but he won't flip on Kovalev.
He even had the gall to say that Agent Scott
was so scared of Kovalev that he killed himself.
That's absurd.
Yeah.
This forfeiture by wrongdoing rule,
does it define wrongdoing?
Not in the rule itself.
It could be harm, threat of harm, really anything
intended to discourage the witness from testifying. Why?
Well, maybe Olek has a point.
Maybe Olek does have a point.
What point?
Your Honor, we have uncovered some last-minute evidence
that we believe...Mr. Palmer, I'm gonna cut to the chase here,
because I'm a little tired of the government's games.
Do you have any evidence of any kind that shows
the defendant tried to have Scott killed?
No, Your Honor.
NOLAN: Then because there is no wrongdoing by Mr. Kovalev,
Agent Scott's video testimony can't come in,
and this case is dismissed for lack of evidence.
CHUNK: If Your Honor will indulge me,
that is not an accurate statement.
We have evidence
that Mr. Kovalev committed a wrongdoing that made
our witness unavailable.
What wrongdoing?Your Honor,
we have a statement from Mr. Kovalev's associate
that Agent Scott shot himself because he feared Mr. Kovalev.
Now, we believe Mr. Kovalev's wrongdoing
in this instance is creating an atmosphere
of paranoia a-and fear,
with the sole purpose
of wrongfully scaring Agent Scott into harming himself.
Objection. I-I can't even state a precise basis
for this objection
because I've never heard such a wild argument
in open court before.
Your Honor, may we approach?
Oh, why the hell not?
Your Honor, you asked for a showing
of wrongdoing, something to hang your hat on
in order to enter into evidence Agent Scott's
truthful and extremely relevant testimony.
Testimony he would otherwise have given himself,
if it were not for the defendant.
But here it is.
A wrongdoing.
Hang your hat.
REILLY: And after Babiack and Olek
began to argue, what happened next?
Kovalev pulled this gun out of his jacket
and shot Babiack dead.
He didn't hesitate.
He just shot him, like it was no big deal.
That is the kind of monster that Kovalev is.
Has the jury reached a verdict?
We have, Your Honor.
We the jury find the defendant Danilo Kovalev
guilty on all counts.
You better get me out of this.
You hear me?
Well, look who's a free man.
Well, not free enough to go into Judge Nolan's courtroom,
but free nonetheless.
Thank you.
For all you and your team did for this case.
Because of you,
Kovalev is gonna spend the rest of his life behind bars.
What about you?
I will probably be censured.
Definitely kicked down the career ladder.
Guessing I'll be on misdemeanor duty for a while.
I'm sorry to hear that.
Don't be sorry.
I should be disciplined. I punched a judge.
Being disciplined means
the system is working.
Ah. [chuckles]
I admire your outlook
in the face of demotion.
How about I buy you lunch?
That's a great idea.
Convictions always make me hungry.
I just have to grab my clock.
Clock?
Hey, did you know that, uh, casinos
don't have clocks on the floor?
Yes, so the customers
will lose track of time and keep gambling.
Exactly. And you know,
the longer jurors deliberate,
the greater the chance they'll choose to convict?
You removed the clock so the jurors
wouldn't realize how long they've been deliberating
in order to persuade them
to convict?Yes.
Before the jury came in this morning.
That's very unorthodox.
Most good ideas are.[laughs]
And so the student became the master.
Learning from the best.
[Finch barks]
Captioning sponsored by CBS
Captioned by Media Access Group at WGBH access.wgbh.org