1
00:00:06,006 --> 00:00:08,632
Deborah Glass. I did not call her, Adam.
2
00:00:08,633 --> 00:00:12,052
Suarez took me off the Scott Glass case.
3
00:00:12,053 --> 00:00:13,387
Ambition can be costly.
4
00:00:13,388 --> 00:00:14,722
Fuck you, Haller.
5
00:00:14,723 --> 00:00:17,725
What else did you learn
from your meeting with Trina Rafferty?
6
00:00:17,726 --> 00:00:20,019
Gloria admitted to her
that she planted the gun.
7
00:00:20,020 --> 00:00:21,311
Objection, hearsay.
8
00:00:21,312 --> 00:00:24,481
On the orders of a DEA agent
named James De Marco.
9
00:00:24,482 --> 00:00:26,191
[De Marco] Your investigator and his wife.
10
00:00:26,192 --> 00:00:28,986
If they wanna know about me,
they should just come and ask.
11
00:00:28,987 --> 00:00:30,154
I'm right here.
12
00:00:30,155 --> 00:00:33,073
We have a new piece of evidence
against De Marco, and it's big.
13
00:00:33,074 --> 00:00:34,408
Bingo.
14
00:00:34,409 --> 00:00:36,452
I will allow Agent De Marco to testify.
15
00:00:36,453 --> 00:00:38,579
I'm keeping you on a very short leash.
16
00:00:38,580 --> 00:00:42,041
[Mickey] Gloria received this subpoena
on the evening of August 3rd.
17
00:00:42,042 --> 00:00:44,251
Forty-one minutes later,
she made that call.
18
00:00:44,252 --> 00:00:46,128
Would you mind dialing the number?
19
00:00:46,129 --> 00:00:48,297
[secretary]
Drug Enforcement Administration.
20
00:00:48,298 --> 00:00:50,174
What about this man wearing a hat?
21
00:00:50,175 --> 00:00:52,134
[Hensley] I think
this man was following her.
22
00:00:52,135 --> 00:00:54,386
The man in the hat was Neil Bishop.
23
00:00:54,387 --> 00:00:56,722
Guy who gave you the coke,
any idea who he was?
24
00:00:56,723 --> 00:01:00,434
Said his name was Hector something.
Uh, Moya?
25
00:01:00,435 --> 00:01:03,645
I'm no rat, Mickey. You know that.
This guy could come after me.
26
00:01:03,646 --> 00:01:06,191
- What if I'm not looking for a drink?
- Parking lot.
27
00:01:07,025 --> 00:01:09,777
James De Marco.
You're under his thumb, right?
28
00:01:09,778 --> 00:01:11,071
- [Eddie] Mr. Haller?
- What?
29
00:01:11,613 --> 00:01:13,113
- [loud crash]
- [Eddie yelps]
30
00:01:13,114 --> 00:01:17,993
If there's one thing I've learned,
you gotta let the ghosts go,
31
00:01:17,994 --> 00:01:19,995
or they will drag you under,
32
00:01:19,996 --> 00:01:22,623
and you'll never
be the lawyer you need to be.
33
00:01:22,624 --> 00:01:24,666
We can't waste more time.
We gotta get him out.
34
00:01:24,667 --> 00:01:26,086
He can't take any more.
35
00:01:27,170 --> 00:01:28,171
[chains clink]
36
00:01:29,631 --> 00:01:31,006
- [blade swooshes]
- [inmate grunts]
37
00:01:31,007 --> 00:01:32,758
[dramatic music playing]
38
00:01:32,759 --> 00:01:33,927
[music ends]
39
00:01:41,851 --> 00:01:44,019
[vibrant music playing]
40
00:01:44,020 --> 00:01:46,147
[water bubbling rapidly]
41
00:01:51,361 --> 00:01:54,781
♪ Walked in the joint
and there was hell to pay ♪
42
00:01:56,032 --> 00:01:59,035
♪ Just lookin' around
It looked like judgment day ♪
43
00:01:59,536 --> 00:02:01,954
♪ Every man I ever owed was in-- ♪
44
00:02:01,955 --> 00:02:04,290
- [music stops abruptly]
- [mutters in Spanish]
45
00:02:10,630 --> 00:02:12,841
[phone rings]
46
00:02:15,510 --> 00:02:16,344
Hello?
47
00:02:16,886 --> 00:02:17,971
Yeah, this is him.
48
00:02:19,597 --> 00:02:23,143
Wait, what? What are you talking about?
When did this happen?
49
00:02:23,977 --> 00:02:25,102
I'm on my way.
50
00:02:25,103 --> 00:02:27,188
[suspenseful music playing]
51
00:02:27,939 --> 00:02:30,399
[Mickey] Julian's in the hospital.
He was attacked by an inmate.
52
00:02:30,400 --> 00:02:32,651
- Holy shit.
- Oh my God. Attacked how?
53
00:02:32,652 --> 00:02:35,654
All I know is he was stabbed
during the transfer from county.
54
00:02:35,655 --> 00:02:38,740
Wait, how does this happen?
Don't they have, like, guards guarding?
55
00:02:38,741 --> 00:02:41,703
If someone wants you in jail,
they'll get you. How bad is it?
56
00:02:42,287 --> 00:02:44,872
I don't know yet.
I'm on my way to the hospital right now.
57
00:02:44,873 --> 00:02:47,583
Lorna, call Judge Turner's clerk.
Tell them what happened.
58
00:02:47,584 --> 00:02:50,502
See if she'll postpone court
while I get more information.
59
00:02:50,503 --> 00:02:51,420
Will do.
60
00:02:51,421 --> 00:02:54,047
That will buy us time to think about
how to prevent a mistrial.
61
00:02:54,048 --> 00:02:55,966
Wait. A mistrial? What?
62
00:02:55,967 --> 00:02:58,427
Forsythe is going to move
for a mistrial right away.
63
00:02:58,428 --> 00:03:00,679
He knows we're landing with the jury,
64
00:03:00,680 --> 00:03:03,223
and he's going to use this
to try to get a do-over.
65
00:03:03,224 --> 00:03:06,018
That's what I'd do.
Cisco, find out who stabbed Julian.
66
00:03:06,019 --> 00:03:08,270
If there's any connection
to Bishop or De Marco.
67
00:03:08,271 --> 00:03:10,731
- I'm on it.
- You think De Marco's behind this?
68
00:03:10,732 --> 00:03:12,774
[Mickey] I can't prove it,
but it makes sense.
69
00:03:12,775 --> 00:03:15,486
If they take Julian out,
the whole case goes away.
70
00:03:16,112 --> 00:03:19,990
It means we have to start all over.
It means another year in jail for Julian.
71
00:03:19,991 --> 00:03:20,949
Oh my God.
72
00:03:20,950 --> 00:03:24,369
We can't let him get a mistrial.
Lorna, find some precedent.
73
00:03:24,370 --> 00:03:26,830
Trials that continued
without the defendant in court.
74
00:03:26,831 --> 00:03:29,166
If I don't leave now,
I'll be late for the McCrudden hearing,
75
00:03:29,167 --> 00:03:31,835
but we're setting a pretrial,
so it won't take long.
76
00:03:31,836 --> 00:03:35,797
Meet me in Judge Turner's courtroom.
Try to have something to say to her.
77
00:03:35,798 --> 00:03:36,965
Yep, got it.
78
00:03:36,966 --> 00:03:40,178
Izzy, meet me at the hospital.
I can't stay long. I need you there.
79
00:03:40,762 --> 00:03:41,720
I'm on my way.
80
00:03:41,721 --> 00:03:43,139
All right, I'll see you soon.
81
00:03:44,432 --> 00:03:45,391
[sighs heavily]
82
00:03:51,439 --> 00:03:52,940
- [horn beeps]
- [tires screech]
83
00:03:52,941 --> 00:03:55,442
- [Glory] Watch it.
- I see it, I see it.
84
00:03:55,443 --> 00:03:57,778
[Glory] Sure, that's what you always say,
85
00:03:57,779 --> 00:04:00,240
and then you end up with coffee
all over your tie.
86
00:04:02,533 --> 00:04:04,369
You took your eye off the ball.
87
00:04:05,870 --> 00:04:08,122
I covered every base I could think of.
88
00:04:08,623 --> 00:04:10,540
I moved him into protective housing.
89
00:04:10,541 --> 00:04:13,252
Even Hector Moya
said his guys would keep an eye on him.
90
00:04:13,253 --> 00:04:15,170
That's not what I'm talking about.
91
00:04:15,171 --> 00:04:18,715
If you had just told me the truth,
we wouldn't be in this mess.
92
00:04:18,716 --> 00:04:19,925
Ever think about that?
93
00:04:19,926 --> 00:04:21,886
I did what I had to do.
94
00:04:23,012 --> 00:04:24,389
You ever think about why?
95
00:04:25,682 --> 00:04:27,809
Why I felt like I couldn't tell you?
96
00:04:29,769 --> 00:04:30,727
[quietly] Yeah.
97
00:04:30,728 --> 00:04:32,647
It doesn't matter anymore, does it?
98
00:04:33,147 --> 00:04:35,524
The only thing that matters is,
what do I do now?
99
00:04:35,525 --> 00:04:37,818
You should be bringing down De Marco.
100
00:04:37,819 --> 00:04:39,403
I'm trying, Gloria.
101
00:04:39,404 --> 00:04:42,531
There's a process, you know?
There's rules we have to follow.
102
00:04:42,532 --> 00:04:43,699
[Glory] Fuck that.
103
00:04:43,700 --> 00:04:46,535
These assholes don't follow any rules.
104
00:04:46,536 --> 00:04:49,122
Somebody gets in their way,
and they kill them.
105
00:04:49,622 --> 00:04:51,540
And you're letting them get away with it.
106
00:04:51,541 --> 00:04:53,126
[poignant music playing]
107
00:04:53,710 --> 00:04:55,670
I need you, Mickey Mantle.
108
00:04:56,587 --> 00:04:59,048
You gotta get a hit here,
do you understand?
109
00:04:59,716 --> 00:05:02,677
Don't let me be just
another story they tell, huh?
110
00:05:04,178 --> 00:05:07,515
Nail these fuckers... for me.
111
00:05:08,766 --> 00:05:11,185
[poignant music continues]
112
00:05:30,913 --> 00:05:31,789
[car horn beeps]
113
00:05:36,377 --> 00:05:38,379
[theme music playing]
114
00:05:50,808 --> 00:05:52,726
I'm very sorry, sir, but he's in custody.
115
00:05:52,727 --> 00:05:55,062
Somebody tried to kill him
and you're worried he'll escape?
116
00:05:55,063 --> 00:05:58,315
We have procedures to follow.
You're not listed as a next of kin, so--
117
00:05:58,316 --> 00:06:00,233
But it doesn't-- This is discriminatory!
118
00:06:00,234 --> 00:06:04,863
No. We treat all married couples the same,
regardless of sexual orientation.
119
00:06:04,864 --> 00:06:07,282
But you and the patient
are not married, Mr. Lyons.
120
00:06:07,283 --> 00:06:09,409
Excuse me, I'm the patient's lawyer.
121
00:06:09,410 --> 00:06:12,454
I'm sure you understand
Mr. Lyons is just worried about him.
122
00:06:12,455 --> 00:06:16,208
Yes. I promise someone will let you know
as soon as we have any update.
123
00:06:16,209 --> 00:06:20,128
Right now, all I can tell you is that
Mr. La Cosse is still in surgery.
124
00:06:20,129 --> 00:06:22,005
If you would please both take a seat.
125
00:06:22,006 --> 00:06:24,717
Of course. Thank you for your help.
Thank you. Come on.
126
00:06:26,052 --> 00:06:26,885
This is insane.
127
00:06:26,886 --> 00:06:28,678
They're just doing their jobs, David.
128
00:06:28,679 --> 00:06:34,602
No. How could somebody stab Julian
and... and nobody be around to stop it?
129
00:06:36,396 --> 00:06:38,730
Mickey, he could have died.
130
00:06:38,731 --> 00:06:40,775
Okay? He could still die. Julian...
131
00:06:41,984 --> 00:06:45,195
- Do you understand?
- Yes. I'm gonna get to the bottom of it.
132
00:06:45,196 --> 00:06:47,073
I have people looking into it.
133
00:06:48,908 --> 00:06:50,827
You know,
you said you could keep him safe.
134
00:06:51,953 --> 00:06:53,204
And now look where we are.
135
00:07:02,338 --> 00:07:05,632
[judge] Case number BA72539.
136
00:07:05,633 --> 00:07:07,467
People versus McCrudden.
137
00:07:07,468 --> 00:07:09,803
[indistinct chatter]
138
00:07:09,804 --> 00:07:12,557
[judge] BA72539.
139
00:07:13,057 --> 00:07:14,182
Is counsel here?
140
00:07:14,183 --> 00:07:16,727
[background chatter continues]
141
00:07:18,479 --> 00:07:22,150
[judge] Last chance. BA72539.
142
00:07:22,775 --> 00:07:25,402
Going once. Going twice.
143
00:07:25,403 --> 00:07:28,196
Uh, Your Honor,
I see counsel in the courtroom.
144
00:07:28,197 --> 00:07:30,031
- If you'll give me a moment?
- [judge] Please.
145
00:07:30,032 --> 00:07:32,325
Take all the time in the world,
Miss Freemann.
146
00:07:32,326 --> 00:07:35,121
It's not like the rest of us
have anything better to do.
147
00:07:36,330 --> 00:07:38,249
Lorna. Lorna.
148
00:07:38,833 --> 00:07:40,041
- Lorna!
- [Lorna gasps]
149
00:07:40,042 --> 00:07:41,501
Oh shit.
150
00:07:41,502 --> 00:07:43,712
Sorry, I was in the zone.
Did they call my case?
151
00:07:43,713 --> 00:07:44,796
Yes. Three times.
152
00:07:44,797 --> 00:07:45,965
[Lorna groans]
153
00:07:47,008 --> 00:07:48,675
- Everything all right?
- Not really.
154
00:07:48,676 --> 00:07:50,343
Somebody stabbed Julian La Cosse.
155
00:07:50,344 --> 00:07:52,429
I have to argue
in front of that judge next.
156
00:07:52,430 --> 00:07:54,473
Oh my God. I'm so sorry.
157
00:07:54,474 --> 00:07:56,600
It's okay. Thank you for coming to get me.
158
00:07:56,601 --> 00:07:59,269
- Yeah.
- What are you doing here, anyway?
159
00:07:59,270 --> 00:08:01,271
[gasps] Are you on calendar duty?
160
00:08:01,272 --> 00:08:02,522
Unfortunately.
161
00:08:02,523 --> 00:08:04,900
It's a long and depressing story.
162
00:08:04,901 --> 00:08:08,361
Anyway, I really am sorry
about your client.
163
00:08:08,362 --> 00:08:10,823
Let me know if there's anything
I can do to help.
164
00:08:11,324 --> 00:08:14,159
Wanna drop these charges
so I can get out of here?
165
00:08:14,160 --> 00:08:15,869
- I'm not that sorry.
- [judge] Counsel.
166
00:08:15,870 --> 00:08:17,497
Come on. Let's get this over with.
167
00:08:18,122 --> 00:08:20,124
[upbeat music playing]
168
00:08:22,543 --> 00:08:25,171
Excuse me. Watch out. Excuse me!
169
00:08:26,172 --> 00:08:28,174
[music continues]
170
00:08:42,063 --> 00:08:44,065
[music fades]
171
00:08:44,732 --> 00:08:45,815
[officer] Cisco.
172
00:08:45,816 --> 00:08:48,151
I can't tell you shit, okay, man?
173
00:08:48,152 --> 00:08:51,279
Guy stabs another prisoner,
and you wanna protect his privacy?
174
00:08:51,280 --> 00:08:53,448
No. I wanna keep my job.
175
00:08:53,449 --> 00:08:55,700
Besides, I wasn't on duty last night.
176
00:08:55,701 --> 00:08:58,078
As if you're not all talking about this.
177
00:08:58,079 --> 00:09:01,164
And you sit here,
pretending you haven't heard his name
178
00:09:01,165 --> 00:09:03,083
twenty times in the last hour?
179
00:09:03,084 --> 00:09:04,627
What's your point?
180
00:09:05,503 --> 00:09:07,505
[tense music playing]
181
00:09:11,592 --> 00:09:15,137
My job is to find out information,
one way or another.
182
00:09:15,805 --> 00:09:17,640
I either figure out the carrot,
183
00:09:18,599 --> 00:09:19,976
or I figure out the stick.
184
00:09:21,227 --> 00:09:22,937
I don't have time for that now
185
00:09:23,437 --> 00:09:26,399
because we got a client
who might not see tomorrow.
186
00:09:27,692 --> 00:09:31,153
So I am appealing
to your basic humanity, Ramon.
187
00:09:32,113 --> 00:09:34,198
And I very graciously ask you
188
00:09:35,616 --> 00:09:37,201
to give me a fucking name.
189
00:09:41,247 --> 00:09:42,748
[music fades]
190
00:09:46,544 --> 00:09:48,588
[Eddie] You're doing that thing again,
Mr. Haller.
191
00:09:49,088 --> 00:09:50,422
Which thing is that?
192
00:09:50,423 --> 00:09:52,924
[Eddie] Where you blame yourself
for everything that happens
193
00:09:52,925 --> 00:09:54,552
to the other people in your life.
194
00:09:56,012 --> 00:09:56,971
Is that right?
195
00:09:58,389 --> 00:10:02,475
You know, the Buddhists say
that however much the first arrow hurts,
196
00:10:02,476 --> 00:10:06,564
the pain from the second arrow
is always exponentially worse.
197
00:10:07,231 --> 00:10:08,899
What's the second arrow?
198
00:10:09,525 --> 00:10:12,152
The second arrow
is the one you shoot yourself with
199
00:10:12,153 --> 00:10:14,447
to punish yourself for the first one.
200
00:10:15,364 --> 00:10:17,198
Did you get that from your LeBron app?
201
00:10:17,199 --> 00:10:18,534
[Eddie chuckles]
202
00:10:22,079 --> 00:10:24,081
This isn't your fault, Mr. Haller.
203
00:10:25,166 --> 00:10:26,834
Neither is what happened to me.
204
00:10:29,378 --> 00:10:30,253
[Mickey mutters]
205
00:10:30,254 --> 00:10:32,006
I wish I could believe that.
206
00:10:34,050 --> 00:10:37,427
For so long, Maggie's been telling me
the way I do things is too dangerous,
207
00:10:37,428 --> 00:10:40,056
and one day,
it's going to catch up with me.
208
00:10:41,390 --> 00:10:43,351
Only it didn't catch up with me, did it?
209
00:10:44,977 --> 00:10:46,228
It caught up with you.
210
00:10:48,022 --> 00:10:51,608
You're spending too much
of your time and energy feeling guilty
211
00:10:51,609 --> 00:10:54,862
and not enough time figuring out
how to win this case.
212
00:10:55,905 --> 00:10:57,698
Focus, Mr. Haller.
213
00:10:59,200 --> 00:11:01,035
And don't forget to wear your seat belt.
214
00:11:01,661 --> 00:11:03,788
[contemplative music playing]
215
00:11:13,881 --> 00:11:15,883
[music fades]
216
00:11:18,386 --> 00:11:21,055
- [phone bleeps]
- [suspenseful music playing]
217
00:11:38,406 --> 00:11:41,283
Well, you may as well come in with us.
218
00:11:42,993 --> 00:11:43,869
Yeah, okay.
219
00:11:52,294 --> 00:11:54,338
[music fades]
220
00:11:56,966 --> 00:12:01,511
Your Honor, I don't mean to be callous,
but from what I hear, it's touch and go.
221
00:12:01,512 --> 00:12:04,139
And with all due respect,
I think there's no other option
222
00:12:04,140 --> 00:12:05,682
but to declare a mistrial.
223
00:12:05,683 --> 00:12:08,143
Well, the court feels so blessed
224
00:12:08,144 --> 00:12:10,937
that you're here to explain its options,
Mr. Forsythe.
225
00:12:10,938 --> 00:12:13,982
Your Honor, the defense
strenuously objects to a mistrial.
226
00:12:13,983 --> 00:12:17,235
Until we know more about
Mr. La Cosse's condition, it's premature.
227
00:12:17,236 --> 00:12:21,531
Premature? Your Honor,
even if Mr. La Cosse survives,
228
00:12:21,532 --> 00:12:23,533
who knows how long he needs to recover?
229
00:12:23,534 --> 00:12:26,077
Are we just gonna
hold the jury indefinitely?
230
00:12:26,078 --> 00:12:28,872
Judge, I can't say for sure,
but I also think
231
00:12:28,873 --> 00:12:31,541
that it's possible
that whoever stabbed my client
232
00:12:31,542 --> 00:12:33,460
was trying to get a mistrial.
233
00:12:33,461 --> 00:12:35,628
What? Bullshit.
234
00:12:35,629 --> 00:12:39,382
Mr. Bishop, you will mind yourself
in my chambers, understood?
235
00:12:39,383 --> 00:12:40,967
I'm sorry, Your Honor.
236
00:12:40,968 --> 00:12:43,970
But every indication is that
this was likely a hate crime.
237
00:12:43,971 --> 00:12:46,389
Mr. La Cosse is gay.
238
00:12:46,390 --> 00:12:49,434
Unfortunately, you're dealing
with all kinds of inmates in county.
239
00:12:49,435 --> 00:12:51,978
It doesn't take much
to set one of them off.
240
00:12:51,979 --> 00:12:55,023
Do we have any information yet
as to who the assailant was?
241
00:12:55,024 --> 00:12:58,569
Not at this time, Your Honor.
I'm trying to ascertain that.
242
00:12:59,236 --> 00:13:02,948
Impolitic delivery aside, Mr. Haller,
I'm afraid the larger point stands.
243
00:13:03,449 --> 00:13:06,117
There is only so much time
the court can afford to wait.
244
00:13:06,118 --> 00:13:07,786
Maybe we don't have to, Your Honor.
245
00:13:07,787 --> 00:13:11,206
I've been in the hospital all morning,
so with the court's permission,
246
00:13:11,207 --> 00:13:15,002
I'll turn it over to my cocounsel,
Ms. Crane, who can speak to this point.
247
00:13:19,340 --> 00:13:20,840
May it please the court.
248
00:13:20,841 --> 00:13:24,427
It would be the height of prejudice
to declare a mistrial at this time,
249
00:13:24,428 --> 00:13:28,515
not only to Mr. La Cosse
but to the taxpayers of Los Angeles,
250
00:13:28,516 --> 00:13:31,392
who have spent a small fortune
on this case already.
251
00:13:31,393 --> 00:13:36,064
Mr. La Cosse has also spent a substantial
amount of money mounting a defense,
252
00:13:36,065 --> 00:13:40,276
not to mention the enormous physical toll
incarceration has taken on him.
253
00:13:40,277 --> 00:13:43,655
But perhaps most importantly, Your Honor,
Mr. Forsythe and his team
254
00:13:43,656 --> 00:13:46,616
are now privy to the defense's
carefully constructed strategy,
255
00:13:46,617 --> 00:13:49,786
and starting again would give him
an unfair advantage in a new trial.
256
00:13:49,787 --> 00:13:52,372
No more unfair than the advantage
the defense would have
257
00:13:52,373 --> 00:13:54,958
because they have also seen our strategy.
258
00:13:54,959 --> 00:13:57,252
Luckily, we have a remedy
for that situation.
259
00:13:57,253 --> 00:14:01,339
Rule 43 of the Federal Rules
of Criminal Procedure clearly states
260
00:14:01,340 --> 00:14:04,551
that it is possible
for a defendant to be tried in absentia.
261
00:14:04,552 --> 00:14:07,262
While it might often be used
due to some egregious behavior
262
00:14:07,263 --> 00:14:08,596
or the defendant's choice,
263
00:14:08,597 --> 00:14:11,766
there is nothing that precludes us
from applying that rule here.
264
00:14:11,767 --> 00:14:14,853
Sure, and Section 977
of the California Penal Code,
265
00:14:14,854 --> 00:14:17,814
which is what actually
governs trials in this state,
266
00:14:17,815 --> 00:14:20,942
says that the defendant
must be personally present at trial
267
00:14:20,943 --> 00:14:24,487
unless they explicitly
waive that right in writing,
268
00:14:24,488 --> 00:14:27,866
which, obviously,
Mr. La Cosse is in no position to do.
269
00:14:27,867 --> 00:14:32,745
Well, here are cases from jurisdictions,
including California,
270
00:14:32,746 --> 00:14:35,456
where trials have continued
without the defendant present.
271
00:14:35,457 --> 00:14:37,625
Your Honor,
regardless of what these cases say,
272
00:14:37,626 --> 00:14:41,713
continuing this trial while
Mr. La Cosse is in the operating room
273
00:14:41,714 --> 00:14:45,466
is all but granting
an automatic do-over to the defense
274
00:14:45,467 --> 00:14:46,885
in the event of a conviction.
275
00:14:46,886 --> 00:14:49,554
Which is exactly
what granting a mistrial at this juncture
276
00:14:49,555 --> 00:14:52,141
would do for the prosecution, respectfully.
277
00:14:54,518 --> 00:14:57,228
[judge] Well,
it seems we are at an impasse.
278
00:14:57,229 --> 00:15:00,899
You both made very strong arguments,
which I will take under advisement,
279
00:15:00,900 --> 00:15:03,693
and I will have a ruling for you
after lunch.
280
00:15:03,694 --> 00:15:07,280
Now, if you don't mind, I would like
to enjoy the rest of my tea in peace.
281
00:15:07,281 --> 00:15:09,658
- [Forsythe] Thank you, Your Honor.
- Thank you, Your Honor.
282
00:15:14,496 --> 00:15:16,040
[Bishop sighs]
283
00:15:17,458 --> 00:15:19,543
You couldn't have worn a clean tie.
284
00:15:26,592 --> 00:15:27,426
David?
285
00:15:29,428 --> 00:15:31,179
You're Mr. La Cosse's family?
286
00:15:31,180 --> 00:15:32,097
Yes.
287
00:15:32,598 --> 00:15:36,184
Well, the good news is he's alive,
but he is still in surgery.
288
00:15:36,185 --> 00:15:37,143
How bad is it?
289
00:15:37,144 --> 00:15:39,479
It was more complicated
than we anticipated.
290
00:15:39,480 --> 00:15:41,189
He lost a lot of blood.
291
00:15:41,190 --> 00:15:43,650
He also had severe lacerations
to one of his kidneys.
292
00:15:43,651 --> 00:15:45,860
Unfortunately, we had to remove it.
293
00:15:45,861 --> 00:15:46,903
Jesus.
294
00:15:46,904 --> 00:15:49,322
His heart stopped at one point,
but we got him back
295
00:15:49,323 --> 00:15:51,699
to a stable enough place
where we can proceed.
296
00:15:51,700 --> 00:15:52,993
Is he gonna make it?
297
00:15:53,619 --> 00:15:56,621
It's hard to say right now,
but we're doing everything we can.
298
00:15:56,622 --> 00:15:59,833
I'll find you as soon as
there's any more information.
299
00:16:00,376 --> 00:16:02,419
Thank you, Doctor. We appreciate it.
300
00:16:02,920 --> 00:16:03,837
Thank you.
301
00:16:05,089 --> 00:16:07,508
[emotional music playing]
302
00:16:11,929 --> 00:16:13,388
Julian's a fighter, David.
303
00:16:13,389 --> 00:16:16,182
[sighs] He's so weak
from all this time in jail.
304
00:16:16,183 --> 00:16:19,186
- I'm just not sure he still has it in him.
- He has you.
305
00:16:20,354 --> 00:16:21,729
He knows you're here waiting.
306
00:16:21,730 --> 00:16:23,774
Yeah. Does he?
307
00:16:28,529 --> 00:16:30,531
[music fades]
308
00:16:33,951 --> 00:16:36,537
[phone ringing]
309
00:16:40,791 --> 00:16:42,000
Cisco, what do you know?
310
00:16:42,001 --> 00:16:45,879
The guy who stabbed Julian
is named Lalo Vasquez.
311
00:16:46,422 --> 00:16:49,465
He's in on a murder charge.
Don't have any other details yet.
312
00:16:49,466 --> 00:16:51,884
He has to be connected to De Marco.
313
00:16:51,885 --> 00:16:54,721
I don't know how,
but the whole case might depend on him.
314
00:16:54,722 --> 00:16:56,723
If there's something there, I'll find it.
315
00:16:56,724 --> 00:16:58,057
Might just take some time.
316
00:16:58,058 --> 00:17:00,686
- I'll call you when I know anything.
- All right.
317
00:17:03,856 --> 00:17:05,690
[sighs heavily]
318
00:17:05,691 --> 00:17:07,776
[emotional music playing]
319
00:17:10,195 --> 00:17:12,781
[breathes deeply]
320
00:17:17,411 --> 00:17:18,828
[Andrea] Is this seat taken?
321
00:17:18,829 --> 00:17:20,330
[music fades]
322
00:17:23,375 --> 00:17:24,209
It is now.
323
00:17:28,338 --> 00:17:29,423
How did you find me?
324
00:17:29,923 --> 00:17:31,633
Lorna told me where you were.
325
00:17:33,844 --> 00:17:35,512
I'm sorry about your client.
326
00:17:36,638 --> 00:17:38,015
Is he gonna be okay?
327
00:17:39,767 --> 00:17:40,851
We don't know yet.
328
00:17:42,686 --> 00:17:45,898
I was this close
to winning this thing, Andy.
329
00:17:46,398 --> 00:17:48,567
I gotta believe that's why they did it.
330
00:17:50,486 --> 00:17:52,529
Is there any evidence of that?
331
00:17:53,113 --> 00:17:56,867
Cisco's looking into it,
but he's hitting the bureaucracy wall.
332
00:18:02,081 --> 00:18:03,082
- Listen.
- Look, I...
333
00:18:06,001 --> 00:18:08,127
I just wanna say sorry
about the other night.
334
00:18:08,128 --> 00:18:11,965
I was out of line.
I didn't think before opening my mouth.
335
00:18:13,342 --> 00:18:16,677
That may be true, but you were not wrong.
336
00:18:16,678 --> 00:18:18,722
That place is a snake pit.
337
00:18:19,348 --> 00:18:21,391
I should never have trusted Vanessa.
338
00:18:22,601 --> 00:18:23,811
[sighs] I don't know.
339
00:18:25,687 --> 00:18:28,232
Maybe I didn't wanna
keep that secret anymore.
340
00:18:31,110 --> 00:18:34,696
It's hard to hold
somebody's fate in your hands.
341
00:18:35,197 --> 00:18:39,284
Even when there's nothing you can do,
you still feel like it's your fault.
342
00:18:40,077 --> 00:18:44,163
Yeah, except there was something
I could have done and should have done.
343
00:18:44,164 --> 00:18:47,209
Andy, come on. Mistakes happen.
344
00:18:47,709 --> 00:18:49,044
You have to forgive yourself.
345
00:18:50,462 --> 00:18:52,714
Maybe you have to learn
to take your own advice.
346
00:18:54,049 --> 00:18:55,008
[chuckles softly]
347
00:18:56,343 --> 00:18:59,346
Lorna tells me that Suarez
put you on calendar duty.
348
00:19:00,597 --> 00:19:04,309
I want to poke my own eyes out
with a dull pencil.
349
00:19:05,394 --> 00:19:10,023
You'll get through this, and he'll realize
he's wasting one of his best people.
350
00:19:10,858 --> 00:19:11,984
Yeah, maybe.
351
00:19:19,241 --> 00:19:21,534
[poignant music playing]
352
00:19:21,535 --> 00:19:22,786
It's been nice, Andy.
353
00:19:26,415 --> 00:19:27,249
It has.
354
00:19:31,587 --> 00:19:32,670
[sighs]
355
00:19:32,671 --> 00:19:34,673
We both know it's not working out.
356
00:19:37,134 --> 00:19:40,345
Everything is way too complicated
for me right now.
357
00:19:40,929 --> 00:19:45,434
And I don't think either of us
are really good at... work-life balance.
358
00:19:47,102 --> 00:19:49,688
That's the real reason
I never let you leave a toothbrush.
359
00:19:50,981 --> 00:19:52,107
[chuckles softly]
360
00:19:56,570 --> 00:19:59,031
Maybe one of these days,
I'll figure it out, huh?
361
00:20:00,699 --> 00:20:01,533
You will.
362
00:20:02,910 --> 00:20:06,079
Believe it or not, Haller,
I have faith in you.
363
00:20:18,717 --> 00:20:20,093
Mickey, you gonna finish that?
364
00:20:23,972 --> 00:20:24,973
It's all yours.
365
00:20:30,771 --> 00:20:34,024
I should get back,
find out if I still have a trial or not.
366
00:20:34,983 --> 00:20:36,443
I'll cross my fingers.
367
00:20:58,173 --> 00:20:59,257
[music fades]
368
00:20:59,258 --> 00:21:00,759
Oh, good, we're all here.
369
00:21:01,927 --> 00:21:05,513
This is quite the dilemma,
and I regret the unfortunate circumstances
370
00:21:05,514 --> 00:21:07,223
that have led us here.
371
00:21:07,224 --> 00:21:10,351
The duty of the court is
to balance the interests of both parties
372
00:21:10,352 --> 00:21:12,395
with the requirements of the law.
373
00:21:12,396 --> 00:21:13,980
- Therefore, my--
- [knock at door]
374
00:21:13,981 --> 00:21:15,022
Yes?
375
00:21:15,023 --> 00:21:18,484
Excuse me, Judge.
There's an agent, James De Marco, here
376
00:21:18,485 --> 00:21:20,778
along with an attorney from the DEA.
377
00:21:20,779 --> 00:21:24,865
They say they were ordered to appear,
and I quote, "Their time is limited."
378
00:21:24,866 --> 00:21:27,243
[tense music playing]
379
00:21:27,244 --> 00:21:28,619
Thank you, Claire.
380
00:21:28,620 --> 00:21:32,915
Your Honor, given the difficulty we've had
in trying to serve Agent De Marco,
381
00:21:32,916 --> 00:21:35,334
the defense urges the court
to hear his testimony.
382
00:21:35,335 --> 00:21:39,255
[Forsythe] What? How? Your Honor,
we still have an absent defendant.
383
00:21:39,256 --> 00:21:41,549
While I understand
the court has already ruled
384
00:21:41,550 --> 00:21:44,719
on Agent De Marco appearing,
I still have strong reservations
385
00:21:44,720 --> 00:21:46,929
about the relevance of his testimony.
386
00:21:46,930 --> 00:21:48,389
[Mickey] That's perfect.
387
00:21:48,390 --> 00:21:51,892
We are stuck without a jury
while we wait to find out about my client.
388
00:21:51,893 --> 00:21:53,686
We can hear from Agent De Marco
389
00:21:53,687 --> 00:21:55,604
without the jury as an offer of proof.
390
00:21:55,605 --> 00:21:58,024
That way, even if we have to start over,
391
00:21:58,025 --> 00:22:01,360
the court can finally determine
if his testimony is relevant.
392
00:22:01,361 --> 00:22:03,738
Your Honor, this is highly irregular.
393
00:22:03,739 --> 00:22:06,574
I'm not even prepared
to question this witness.
394
00:22:06,575 --> 00:22:08,909
Why not?
There's been a subpoena issued for him.
395
00:22:08,910 --> 00:22:10,953
You just didn't think
he'd actually show up.
396
00:22:10,954 --> 00:22:12,788
Well, apparently, neither did you.
397
00:22:12,789 --> 00:22:16,083
This will save the court time
in the event of a retrial, Your Honor.
398
00:22:16,084 --> 00:22:19,296
It is a highly efficient use
of judicial resources.
399
00:22:21,965 --> 00:22:25,343
Well, my mother always said
to make hay while the sun shines.
400
00:22:25,344 --> 00:22:27,928
If the agent is here,
let's hear what he has to say.
401
00:22:27,929 --> 00:22:30,890
I will make my ruling
about the mistrial afterwards.
402
00:22:30,891 --> 00:22:33,185
- Thank you, Your Honor.
- [Forsythe] Thank you, Your Honor.
403
00:22:36,563 --> 00:22:40,566
Convenient De Marco shows up to testify
when there may not be a trial anymore.
404
00:22:40,567 --> 00:22:43,819
Ah, a little too convenient.
This guy thinks he's untouchable.
405
00:22:43,820 --> 00:22:46,572
So show him he's not.
Use the surveillance footage
406
00:22:46,573 --> 00:22:48,949
Cisco got from Sterghos's house
in the rebuttal.
407
00:22:48,950 --> 00:22:52,119
- Let him talk his way out of that.
- No, I can't. Not yet.
408
00:22:52,120 --> 00:22:53,245
But why?
409
00:22:53,246 --> 00:22:55,623
This guy thinks
he can get away with murder.
410
00:22:55,624 --> 00:22:58,376
And he's going to get away with it
if we're not smart.
411
00:22:58,377 --> 00:23:01,504
If we show him the video now,
and the judge grants a mistrial,
412
00:23:01,505 --> 00:23:04,048
we'll never get him back,
and the jury will not see it.
413
00:23:04,049 --> 00:23:05,925
Okay. But if you don't show the video,
414
00:23:05,926 --> 00:23:08,761
and Forsythe argues
that De Marco's testimony isn't relevant,
415
00:23:08,762 --> 00:23:10,096
we're not getting him back.
416
00:23:10,097 --> 00:23:12,807
Well, it's a risk we have to take.
Trust me, we wait.
417
00:23:12,808 --> 00:23:15,143
[sighs] Fine. Button your jacket.
418
00:23:19,231 --> 00:23:21,066
[Mickey] Good afternoon, Agent De Marco.
419
00:23:21,566 --> 00:23:23,026
Right back at you, Counselor.
420
00:23:23,944 --> 00:23:27,864
Can you tell us how long you've been
with the Drug Enforcement Administration?
421
00:23:28,448 --> 00:23:32,035
- It'll be 23 years in September.
- [Mickey] 23 years. That's a long time.
422
00:23:32,994 --> 00:23:35,496
And your primary focus
is on foreign drug cartels?
423
00:23:35,497 --> 00:23:38,374
I'd say the primary focus
of the entire agency
424
00:23:38,375 --> 00:23:39,835
is on foreign drug cartels.
425
00:23:40,627 --> 00:23:41,461
I'm sure.
426
00:23:42,379 --> 00:23:45,381
Now, in the course
of your investigations into the cartels,
427
00:23:45,382 --> 00:23:48,342
did you become aware
of a man named Hector Moya?
428
00:23:48,343 --> 00:23:49,928
[De Marco] I'm familiar with Mr. Moya.
429
00:23:50,595 --> 00:23:54,891
He's a shot caller for the Tijuana cartel.
Not exactly what you'd call a Boy Scout.
430
00:23:55,475 --> 00:23:57,644
And do you know where Mr. Moya is now?
431
00:23:58,353 --> 00:24:01,564
Serving a life sentence
in a federal penitentiary, last I heard.
432
00:24:01,565 --> 00:24:05,151
I see. Now, Agent De Marco,
can you please tell the court
433
00:24:05,152 --> 00:24:07,654
how you knew
the victim in this case, Gloria Dayton?
434
00:24:08,905 --> 00:24:10,114
I didn't know her.
435
00:24:10,115 --> 00:24:13,951
No? Because we've heard testimony
that she was your informant.
436
00:24:13,952 --> 00:24:15,453
Is that not true?
437
00:24:15,454 --> 00:24:17,288
It is not true. I never met her.
438
00:24:17,289 --> 00:24:20,416
So, she didn't call you
on August 3rd of last year
439
00:24:20,417 --> 00:24:23,711
to tell you she'd been served
in a lawsuit involving Hector Moya?
440
00:24:23,712 --> 00:24:27,548
Objection. Asked and answered,
Your Honor. Many times.
441
00:24:27,549 --> 00:24:28,966
Sustained.
442
00:24:28,967 --> 00:24:31,051
All right, let's go back to Mr. Moya.
443
00:24:31,052 --> 00:24:33,346
Do you know
how he ended up in federal prison?
444
00:24:33,847 --> 00:24:36,849
He was arrested by the police
here in Los Angeles
445
00:24:36,850 --> 00:24:39,977
in possession of a substantial amount
of cocaine and a firearm.
446
00:24:39,978 --> 00:24:42,813
As I recall, the gun was linked
to a murder somewhere.
447
00:24:42,814 --> 00:24:45,357
It was at that point
that my agency took over the case.
448
00:24:45,358 --> 00:24:50,571
Okay. And that gun enhancement
was what got him a life sentence?
449
00:24:50,572 --> 00:24:52,657
I believe so. Yes.
450
00:24:54,159 --> 00:24:56,285
Now, you're here today, Agent De Marco,
451
00:24:56,286 --> 00:24:59,371
because you received
a subpoena from me in this case.
452
00:24:59,372 --> 00:25:02,041
Did you ever receive a subpoena
from Mr. Moya's lawyers
453
00:25:02,042 --> 00:25:04,543
in a habeas action
to vacate his life sentence?
454
00:25:04,544 --> 00:25:05,795
It's possible.
455
00:25:06,463 --> 00:25:10,257
I get a lot of subpoenas.
The agency's lawyers handle most of them.
456
00:25:10,258 --> 00:25:12,885
Well, this one involved you directly.
457
00:25:12,886 --> 00:25:16,847
Mr. Moya is suing the federal government,
including your agency,
458
00:25:16,848 --> 00:25:19,266
alleging that you framed him
in that arrest.
459
00:25:19,267 --> 00:25:21,603
You're not aware of
Mr. Moya's habeas case?
460
00:25:22,229 --> 00:25:25,981
Mr. Moya is a desperate man.
And this is America.
461
00:25:25,982 --> 00:25:29,069
You can sue anybody for anything.
That doesn't make it true.
462
00:25:29,736 --> 00:25:32,947
The fact is, I had nothing to do
with Mr. Moya's arrest.
463
00:25:32,948 --> 00:25:35,824
The DEA wasn't even involved until later.
464
00:25:35,825 --> 00:25:36,825
Like most prisoners,
465
00:25:36,826 --> 00:25:40,120
Mr. Moya's just throwing stuff
against the wall to see if it'll stick.
466
00:25:40,121 --> 00:25:42,790
Very well.
Turning your attention to this case,
467
00:25:42,791 --> 00:25:45,084
are you familiar with my client,
Julian La Cosse?
468
00:25:45,085 --> 00:25:47,170
Any past experience with him?
469
00:25:47,754 --> 00:25:48,712
No.
470
00:25:48,713 --> 00:25:53,134
What about anybody else on this case?
Do you know the prosecutor, Mr. Forsythe?
471
00:25:53,718 --> 00:25:54,927
No, I do not.
472
00:25:54,928 --> 00:26:00,100
What about Mr. Forsythe's investigator,
Mr. Bishop? He's sitting right there.
473
00:26:01,309 --> 00:26:02,309
Do you know him?
474
00:26:02,310 --> 00:26:04,395
[tense music playing]
475
00:26:04,396 --> 00:26:06,773
I do. A little bit.
476
00:26:07,524 --> 00:26:10,026
Uh, we go back ten years, maybe.
477
00:26:11,653 --> 00:26:12,571
How's that?
478
00:26:13,488 --> 00:26:15,656
[De Marco] He was with the LAPD
at the time.
479
00:26:15,657 --> 00:26:18,200
We crossed paths
on a double murder in the Valley.
480
00:26:18,201 --> 00:26:20,077
There was suspected cartel involvement,
481
00:26:20,078 --> 00:26:22,913
so the police asked the DEA
to consult on the case.
482
00:26:22,914 --> 00:26:26,960
I see. And have you seen or spoken
with Mr. Bishop since that time?
483
00:26:27,877 --> 00:26:29,086
No.
484
00:26:29,087 --> 00:26:31,756
So you haven't consulted with him
about this case?
485
00:26:33,174 --> 00:26:34,049
No.
486
00:26:34,050 --> 00:26:37,386
Have you consulted with anyone else
about this case?
487
00:26:37,387 --> 00:26:40,514
I never heard about this case
until you served me with the subpoena.
488
00:26:40,515 --> 00:26:42,767
So, no. The answer is no.
489
00:26:45,228 --> 00:26:46,062
Okay.
490
00:26:58,033 --> 00:27:02,119
So, going back to the double murder
where you met Mr. Bishop,
491
00:27:02,120 --> 00:27:05,874
did this murder take place
on Montgomery Avenue in Lake Balboa?
492
00:27:09,127 --> 00:27:14,173
I don't recall.
It was ten years ago. Like I said.
493
00:27:14,174 --> 00:27:17,052
And are you familiar
with the name Peter Sterghos?
494
00:27:17,636 --> 00:27:19,554
[Forsythe] Objection. May we approach?
495
00:27:22,641 --> 00:27:26,268
Your Honor, you have already ruled
against Peter Sterghos, whoever he is,
496
00:27:26,269 --> 00:27:28,145
being included as a witness.
497
00:27:28,146 --> 00:27:31,148
Mr. Haller is apparently trying
to circumvent that ruling.
498
00:27:31,149 --> 00:27:33,692
I'm trying to establish
whether this witness knew
499
00:27:33,693 --> 00:27:36,070
that Peter Sterghos
was on our witness list.
500
00:27:36,071 --> 00:27:39,031
He said he's had no contact
with anyone involved in this case.
501
00:27:39,032 --> 00:27:41,492
I'll be introducing evidence
to the contrary.
502
00:27:41,493 --> 00:27:45,120
There's no evidence. This is a sideshow.
In light of an impending mistrial--
503
00:27:45,121 --> 00:27:48,458
I will decide whether there will be
a mistrial, Mr. Forsythe, not you.
504
00:27:49,376 --> 00:27:52,045
Mr. Haller, please, wrap it up.
505
00:27:52,754 --> 00:27:53,713
Yes, Your Honor.
506
00:27:56,007 --> 00:27:58,133
Now, Agent De Marco,
507
00:27:58,134 --> 00:28:02,555
did anyone tell you that Peter Sterghos
was a potential witness in this case?
508
00:28:03,139 --> 00:28:05,557
No. I don't know that name.
509
00:28:05,558 --> 00:28:10,689
Okay. Then can you tell the court where
you were last Friday night, May 17th?
510
00:28:12,857 --> 00:28:15,151
I was at an all-night stakeout.
511
00:28:15,944 --> 00:28:17,570
My partner can verify that.
512
00:28:18,071 --> 00:28:21,700
[Mickey] And was this stakeout
on Montgomery Avenue in Lake Balboa?
513
00:28:23,368 --> 00:28:27,371
I'm afraid I'm not at liberty to discuss
ongoing confidential investigations.
514
00:28:27,372 --> 00:28:29,415
Your Honor, I must object again.
515
00:28:29,416 --> 00:28:33,502
Why are we asking questions about
random addresses and random evenings
516
00:28:33,503 --> 00:28:35,337
that have no bearing on this case?
517
00:28:35,338 --> 00:28:36,464
Sustained.
518
00:28:37,048 --> 00:28:39,217
Mr. Haller,
anything else for this witness?
519
00:28:45,265 --> 00:28:47,267
No, Your Honor. Not at this time.
520
00:28:48,768 --> 00:28:50,395
Mr. Forsythe, any questions?
521
00:28:51,146 --> 00:28:51,980
No, Your Honor.
522
00:28:52,564 --> 00:28:55,107
Very well.
Agent De Marco, you're free to go.
523
00:28:55,108 --> 00:28:57,902
- The court thanks you for your time.
- Of course, Your Honor.
524
00:29:07,912 --> 00:29:10,790
- He's lying through his teeth.
- Well, he's pretty good at it.
525
00:29:11,374 --> 00:29:12,751
[hushed chatter]
526
00:29:25,430 --> 00:29:28,182
Your Honor, the People
once again renew our objection
527
00:29:28,183 --> 00:29:29,850
to Agent De Marco's testimony.
528
00:29:29,851 --> 00:29:32,019
None of which was in any way relevant.
529
00:29:32,020 --> 00:29:33,604
And in the event of a new trial,
530
00:29:33,605 --> 00:29:36,107
we would ask that he be struck
from the witness list.
531
00:29:36,691 --> 00:29:38,817
So noted, Mr. Forsythe.
532
00:29:38,818 --> 00:29:42,030
Mr. Haller, do you have anything to add
before I make my ruling?
533
00:29:49,621 --> 00:29:51,413
- Your Honor, I--
- [phone vibrates]
534
00:29:51,414 --> 00:29:53,749
Your Honor, this is the hospital calling.
535
00:29:53,750 --> 00:29:57,629
Before we argue further, can I please
have ten minutes to take this call?
536
00:29:58,296 --> 00:29:59,963
You may have five, Mr. Haller.
537
00:29:59,964 --> 00:30:00,965
Thank you.
538
00:30:05,678 --> 00:30:06,846
Izzy, I need an update.
539
00:30:07,430 --> 00:30:10,058
Julian just got out of surgery.
He made it.
540
00:30:11,267 --> 00:30:12,185
Barely.
541
00:30:13,102 --> 00:30:14,020
David's in with him.
542
00:30:14,604 --> 00:30:16,647
- How is he?
- It's touch and go.
543
00:30:16,648 --> 00:30:19,191
The doctors say the next few hours
will tell the story.
544
00:30:19,192 --> 00:30:20,944
But you're telling me he's awake?
545
00:30:21,778 --> 00:30:25,280
What? I... I just told you
that he barely survived the surgery.
546
00:30:25,281 --> 00:30:26,406
He's still unconscious.
547
00:30:26,407 --> 00:30:29,369
Izzy, I need you to tell me
that Julian is awake.
548
00:30:31,120 --> 00:30:32,831
Um...
549
00:30:34,165 --> 00:30:36,333
[quietly] Mickey, Julian is awake.
550
00:30:36,334 --> 00:30:37,669
Thank you.
551
00:30:38,711 --> 00:30:40,672
[line beeps]
552
00:30:41,589 --> 00:30:44,341
Your Honor, I've just been told
that my client is awake.
553
00:30:44,342 --> 00:30:45,259
What?
554
00:30:45,260 --> 00:30:49,263
With the court's permission, I ask you
to please delay any ruling on a mistrial
555
00:30:49,264 --> 00:30:50,681
until I speak to him.
556
00:30:50,682 --> 00:30:51,598
Your Honor, if--
557
00:30:51,599 --> 00:30:54,726
[Mickey] I understand
the People's frustrations and the court's,
558
00:30:54,727 --> 00:30:57,771
but I don't know how long
my client will be in a position to talk.
559
00:30:57,772 --> 00:30:59,274
Time is of the essence here.
560
00:31:02,193 --> 00:31:05,153
Okay, then.
We will take a 90-minute recess.
561
00:31:05,154 --> 00:31:08,198
I want everyone back here at 3:30 sharp.
562
00:31:08,199 --> 00:31:09,616
Thank you, Your Honor.
563
00:31:09,617 --> 00:31:11,286
- [Mickey whispers]
- Okay.
564
00:31:17,750 --> 00:31:19,210
[sighs]
565
00:31:20,420 --> 00:31:21,754
I know what you're gonna say.
566
00:31:25,008 --> 00:31:27,217
Oh yeah? Do tell.
567
00:31:27,218 --> 00:31:30,012
You're gonna tell me
what you'd do in this situation.
568
00:31:30,013 --> 00:31:33,432
Well, I know I wasn't
the best father in the world,
569
00:31:33,433 --> 00:31:35,685
but I was a very good lawyer.
570
00:31:36,352 --> 00:31:38,312
Just makes sense you'd wanna emulate me.
571
00:31:38,313 --> 00:31:39,897
Is that what you think I'm doing?
572
00:31:39,898 --> 00:31:42,567
I don't know.
Whose class ring are you wearing?
573
00:31:46,070 --> 00:31:48,739
You bent every rule there was to bend.
574
00:31:48,740 --> 00:31:51,868
- And you don't?
- I'm talking about outside the courtroom.
575
00:31:53,286 --> 00:31:55,705
I do things my way, not yours, okay?
576
00:31:56,581 --> 00:31:58,957
Legal is there
if I ever need another point of view.
577
00:31:58,958 --> 00:32:00,209
[Mickey Sr.] Of course he is.
578
00:32:00,710 --> 00:32:03,879
Legal always loved to push the envelope
from the safety of his desk,
579
00:32:03,880 --> 00:32:07,800
but I was the one who was out there
actually doing the dirty work.
580
00:32:08,468 --> 00:32:12,847
The truth is he wished
he was as good as I was, just like you do.
581
00:32:13,848 --> 00:32:14,849
[scoffs quietly]
582
00:32:15,433 --> 00:32:17,352
You don't think I'm as good as you?
583
00:32:18,061 --> 00:32:19,812
[Mickey Sr.] I think
we're about to find out.
584
00:32:21,272 --> 00:32:23,358
It's a delicate decision you have to make.
585
00:32:24,150 --> 00:32:26,777
The kind of decision
other lawyers might run away from.
586
00:32:26,778 --> 00:32:29,614
The question is whether you will too.
587
00:32:31,491 --> 00:32:34,285
Because if you really wanna be
as good as I was,
588
00:32:35,578 --> 00:32:37,747
better than I was,
589
00:32:39,415 --> 00:32:42,502
you need to do whatever it takes
to get that "not guilty."
590
00:32:43,252 --> 00:32:46,589
Your client expects nothing less.
591
00:32:51,511 --> 00:32:52,428
Slainte.
592
00:33:02,063 --> 00:33:03,272
Is Julian awake yet?
593
00:33:04,190 --> 00:33:06,400
I'm not sure
what you want me to tell you now.
594
00:33:06,401 --> 00:33:07,402
The truth.
595
00:33:08,069 --> 00:33:10,405
He's in and out. Mostly out.
596
00:33:11,489 --> 00:33:12,490
How is he?
597
00:33:14,200 --> 00:33:15,785
[Izzy] He's doing the best he can.
598
00:33:17,161 --> 00:33:18,037
Yeah.
599
00:33:19,622 --> 00:33:22,165
Can you grab some coffee?
I need to talk to him.
600
00:33:22,166 --> 00:33:23,501
- Yeah.
- Thanks, Izzy.
601
00:33:34,303 --> 00:33:36,264
[David] We should've appreciated it more.
602
00:33:36,973 --> 00:33:37,807
[Mickey] What?
603
00:33:39,183 --> 00:33:40,184
Being healthy.
604
00:33:41,269 --> 00:33:42,103
Happy.
605
00:33:44,188 --> 00:33:48,151
You don't think about dying, you know?
Happens to other people, but...
606
00:33:53,031 --> 00:33:55,950
There's no way you could have known
any of this was gonna happen.
607
00:33:58,119 --> 00:34:00,621
That is true about our whole relationship.
608
00:34:01,789 --> 00:34:03,624
I never thought I was gonna settle down.
609
00:34:04,876 --> 00:34:06,127
Wasn't part of the plan.
610
00:34:10,173 --> 00:34:11,257
Well, what happened?
611
00:34:12,258 --> 00:34:13,384
A car accident.
612
00:34:14,469 --> 00:34:16,345
Nothing serious or anything.
613
00:34:16,846 --> 00:34:19,891
You know, this guy in front of me
stopped short, so I ran into him.
614
00:34:20,391 --> 00:34:23,810
And he gets out of the car
and just starts going mental on me.
615
00:34:23,811 --> 00:34:27,731
[scoffs] It was like face is red,
and his arms, like, flailing around.
616
00:34:27,732 --> 00:34:29,232
[laughs] I don't know.
617
00:34:29,233 --> 00:34:31,526
Tried to apologize,
but it seemed so ridiculous.
618
00:34:31,527 --> 00:34:33,904
Yeah. That must have made him
even angrier.
619
00:34:33,905 --> 00:34:35,947
[chuckles] You have no idea.
620
00:34:35,948 --> 00:34:37,200
[David laughs]
621
00:34:38,659 --> 00:34:42,370
I gave him my insurance,
and we traded numbers.
622
00:34:42,371 --> 00:34:44,831
And that night, he texted me,
623
00:34:44,832 --> 00:34:48,878
asked me if we could meet up for a drink
so he could apologize for overreacting.
624
00:34:51,839 --> 00:34:53,299
And that was all she wrote.
625
00:34:54,967 --> 00:34:57,845
[quiet, poignant music playing]
626
00:35:01,849 --> 00:35:05,019
David, uh, I'm afraid
Julian's case is in trouble.
627
00:35:05,728 --> 00:35:08,063
The judge is very close
to granting a mistrial.
628
00:35:08,064 --> 00:35:09,731
That means we have to start over.
629
00:35:09,732 --> 00:35:12,318
In fact, Julian is the only one
who can stop that now.
630
00:35:13,152 --> 00:35:14,695
So I need to talk to him.
631
00:35:16,072 --> 00:35:20,742
Mickey, he's barely alive. You can talk,
but I'm not sure he can even hear you.
632
00:35:20,743 --> 00:35:23,662
You need to trust me now.
You need to let me try.
633
00:35:23,663 --> 00:35:25,748
[music intensifies]
634
00:35:31,462 --> 00:35:33,089
Do whatever you need to do.
635
00:35:42,265 --> 00:35:44,975
- I'm sorry, but I can't let you in there.
- I'm his attorney.
636
00:35:44,976 --> 00:35:47,060
And I respect that,
but I have strict orders.
637
00:35:47,061 --> 00:35:49,229
No one can see the prisoner
except his doctors.
638
00:35:49,230 --> 00:35:52,649
I already let his boyfriend in there,
and I could get in trouble for that.
639
00:35:52,650 --> 00:35:56,361
You listen to me very carefully,
Deputy Henderson.
640
00:35:56,362 --> 00:35:59,281
My client has the right
to consult with his lawyer.
641
00:35:59,282 --> 00:36:00,615
I don't think he's awake.
642
00:36:00,616 --> 00:36:03,243
- Are you a doctor now?
- No, but I've been standing out--
643
00:36:03,244 --> 00:36:05,036
You wanna stand in front of a judge
644
00:36:05,037 --> 00:36:07,164
and explain why
you personally denied a man
645
00:36:07,165 --> 00:36:08,832
his constitutional rights?
646
00:36:08,833 --> 00:36:10,834
A man who is a victim of a terrible crime?
647
00:36:10,835 --> 00:36:13,670
A crime that happened
under sheriff's department supervision?
648
00:36:13,671 --> 00:36:17,466
Because if that's what you want,
I can assure you I can make that happen.
649
00:36:21,387 --> 00:36:24,347
Five minutes.
And after that, you're out of there.
650
00:36:24,348 --> 00:36:25,348
Thank you.
651
00:36:25,349 --> 00:36:28,436
- And I'm standing right outside.
- I feel safer already.
652
00:36:30,813 --> 00:36:32,940
[machine beeps steadily]
653
00:36:34,483 --> 00:36:37,069
[tense music playing]
654
00:36:58,090 --> 00:37:00,634
[Mickey] I have a signed waiver
from Mr. La Cosse, Your Honor,
655
00:37:00,635 --> 00:37:03,596
granting his permission
for us to proceed in his absence.
656
00:37:06,599 --> 00:37:09,392
Your Honor,
I have to raise a concern here.
657
00:37:09,393 --> 00:37:12,479
All I'm hearing from the hospital
and from the sheriff's department
658
00:37:12,480 --> 00:37:15,398
is that Mr. La Cosse
is still in critical condition.
659
00:37:15,399 --> 00:37:16,650
[Mickey] He is, Your Honor,
660
00:37:16,651 --> 00:37:19,486
which is why it's even more imperative
that we move quickly.
661
00:37:19,487 --> 00:37:21,906
I was lucky to be there at the right time.
662
00:37:22,657 --> 00:37:26,243
Mr. Forsythe, you could have gone
to the hospital with Mr. Haller
663
00:37:26,244 --> 00:37:27,619
if you were so skeptical.
664
00:37:27,620 --> 00:37:31,206
And Mr. Haller,
you are an officer of the court.
665
00:37:31,207 --> 00:37:34,793
If I take you at your word and find out
there's been anything untoward...
666
00:37:34,794 --> 00:37:36,962
There's no need to take my word for it.
667
00:37:36,963 --> 00:37:38,838
Mr. La Cosse's partner was there,
668
00:37:38,839 --> 00:37:41,759
and he has agreed to testify
to the veracity of this signature.
669
00:37:45,096 --> 00:37:48,056
- [bailiff] State your name, please.
- David Henry Lyons.
670
00:37:48,057 --> 00:37:49,266
Do you solemnly state
671
00:37:49,267 --> 00:37:52,477
that the testimony you may give
in the case pending before this court
672
00:37:52,478 --> 00:37:55,438
shall be the truth, the whole truth,
and nothing but the truth?
673
00:37:55,439 --> 00:37:56,357
I do.
674
00:37:56,941 --> 00:37:58,651
[judge] Please be seated, Mr. Lyons.
675
00:38:02,613 --> 00:38:05,073
Mr. Lyons, can you explain to the court
676
00:38:05,074 --> 00:38:07,994
your relationship to the defendant,
Julian La Cosse?
677
00:38:10,204 --> 00:38:11,539
He's the love of my life.
678
00:38:12,373 --> 00:38:13,873
Technically, he's my partner.
679
00:38:13,874 --> 00:38:18,045
We never got married because neither of us
believes in it as an institution, but
680
00:38:19,297 --> 00:38:21,132
I may be changing my thinking on that.
681
00:38:22,341 --> 00:38:25,636
- How long have you been together?
- It'll be nine years this summer.
682
00:38:26,220 --> 00:38:28,097
Were you just with him at the hospital?
683
00:38:28,681 --> 00:38:32,435
I've been with him since I heard
he was attacked while in police custody.
684
00:38:32,977 --> 00:38:37,314
Mr. Lyons, this is a waiver
granting me permission
685
00:38:37,315 --> 00:38:40,608
to continue this trial
in Julian's absence.
686
00:38:40,609 --> 00:38:42,278
Have you ever seen this before?
687
00:38:42,987 --> 00:38:45,739
Yes, you showed it to me at the hospital
after you left him.
688
00:38:45,740 --> 00:38:48,199
And do you recognize
the signature at the bottom?
689
00:38:48,200 --> 00:38:50,327
Yes, it's Julian's.
690
00:38:50,328 --> 00:38:51,995
It's a little messier than usual,
691
00:38:51,996 --> 00:38:54,331
but he'd just been through
seven hours of surgery.
692
00:38:54,332 --> 00:38:56,708
Don't think penmanship
was at the top of his mind.
693
00:38:56,709 --> 00:38:59,586
So you can confirm
that the signature on the bottom
694
00:38:59,587 --> 00:39:02,380
is definitely that of your partner,
Julian La Cosse?
695
00:39:02,381 --> 00:39:04,550
Yes, it is. Definitely.
696
00:39:06,469 --> 00:39:07,636
Thank you, Mr. Lyons.
697
00:39:08,637 --> 00:39:09,597
Mr. Forsythe.
698
00:39:10,097 --> 00:39:14,810
Do you know what the punishment is
for perjury in the state of California?
699
00:39:15,686 --> 00:39:17,020
I can't say that I do.
700
00:39:17,021 --> 00:39:20,273
Well, under the California Penal Code,
perjury is a felony offense,
701
00:39:20,274 --> 00:39:23,444
and it carries a term
of up to four years in prison.
702
00:39:24,028 --> 00:39:27,739
Given that, are you still
confident in your answers,
703
00:39:27,740 --> 00:39:29,825
or would you like to rethink some of them?
704
00:39:30,326 --> 00:39:32,745
No, I would not.
705
00:39:34,288 --> 00:39:36,664
Julian wants this trial to continue,
and I know that
706
00:39:36,665 --> 00:39:40,293
because he told me so himself
before he lost consciousness.
707
00:39:40,294 --> 00:39:44,048
He would tell you that, too,
if he wasn't handcuffed to a hospital bed.
708
00:39:48,427 --> 00:39:50,012
[Forsythe] No further questions.
709
00:39:51,806 --> 00:39:53,391
The witness may step down.
710
00:39:57,853 --> 00:40:01,147
Are there any further arguments
regarding moving forward with the trial?
711
00:40:01,148 --> 00:40:03,900
Your Honor, I wanna reiterate
my strong objection
712
00:40:03,901 --> 00:40:05,819
to continuing under the circumstances.
713
00:40:05,820 --> 00:40:07,112
No matter what happens,
714
00:40:07,113 --> 00:40:10,907
the defense is simply going to use this
to appeal any adverse decision.
715
00:40:10,908 --> 00:40:15,036
Your Honor, previously, you reminded me
that I am an officer of the court.
716
00:40:15,037 --> 00:40:19,916
As such, I can assure you and Mr. Forsythe
that, while I reserve my right to appeal,
717
00:40:19,917 --> 00:40:22,628
it will not be because
my client was not present for trial.
718
00:40:23,963 --> 00:40:27,675
The court has no way to hold you to that,
Mr. Haller, but it appreciates the offer.
719
00:40:29,385 --> 00:40:30,636
[sighs heavily]
720
00:40:36,183 --> 00:40:37,560
Do you have something to add?
721
00:40:38,269 --> 00:40:42,605
If I may, Your Honor, I'd like to suggest
that the timely administration of justice
722
00:40:42,606 --> 00:40:45,567
would best be served
by allowing this case to continue.
723
00:40:45,568 --> 00:40:47,527
As appellate courts
have consistently held,
724
00:40:47,528 --> 00:40:51,449
decisions like this ultimately come down
to judicial discretion.
725
00:40:53,117 --> 00:40:55,369
Thank you for that reminder, Miss Crane.
726
00:41:02,585 --> 00:41:04,336
This is a complicated decision,
727
00:41:05,337 --> 00:41:07,465
and there are a lot of
competing considerations.
728
00:41:08,674 --> 00:41:11,802
But given that we now have evidence
of the defendant's wishes,
729
00:41:12,845 --> 00:41:15,054
and given that those wishes are
to go forward,
730
00:41:15,055 --> 00:41:17,724
I have decided not to grant a mistrial.
731
00:41:17,725 --> 00:41:18,850
[Lorna sighs]
732
00:41:18,851 --> 00:41:20,935
[judge] Bailiff,
please apologize to the jury
733
00:41:20,936 --> 00:41:24,647
and let them know that we will resume
promptly tomorrow at 9:00 a.m.
734
00:41:24,648 --> 00:41:26,149
Court is adjourned.
735
00:41:26,150 --> 00:41:27,984
One of the first things you taught me.
736
00:41:27,985 --> 00:41:32,280
No judge wants to be reversed on appeal,
and judicial discretion is a big-ass tent.
737
00:41:32,281 --> 00:41:33,781
- Amen to that.
- Yeah.
738
00:41:33,782 --> 00:41:36,785
Now, do yourself a favor.
Throw that tie away.
739
00:41:38,329 --> 00:41:39,245
I love this tie.
740
00:41:39,246 --> 00:41:42,208
All things are temporary. Burn it, Mickey.
741
00:41:50,549 --> 00:41:52,008
[door opens]
742
00:41:52,009 --> 00:41:56,514
No, Vasquez. Lalo Vasquez.
743
00:41:57,139 --> 00:41:59,849
If you had anything about it--
744
00:41:59,850 --> 00:42:00,893
What?
745
00:42:01,685 --> 00:42:05,231
Yeah. Yeah, yeah. I will happily hold.
Just as long as you don't--
746
00:42:08,025 --> 00:42:08,943
Hello?
747
00:42:10,569 --> 00:42:11,487
Hello?
748
00:42:16,325 --> 00:42:19,452
Oh, hi. Um, Mick is in court.
749
00:42:19,453 --> 00:42:21,372
[Andrea] That's all right.
I'm looking for you.
750
00:42:23,165 --> 00:42:24,374
[Cisco] What is that?
751
00:42:24,375 --> 00:42:27,753
Discovery from my office
in the Lalo Vasquez case.
752
00:42:29,129 --> 00:42:30,171
You're kidding.
753
00:42:30,172 --> 00:42:32,258
[intriguing music playing]
754
00:42:34,218 --> 00:42:35,344
[Cisco hesitates]
755
00:42:35,886 --> 00:42:37,387
Won't you get into trouble?
756
00:42:37,388 --> 00:42:39,097
There's already been a prelim,
757
00:42:39,098 --> 00:42:42,893
and they've turned it all over
to the defense, so probably not.
758
00:42:44,103 --> 00:42:46,313
Honestly, I'm not sure I care anymore.
759
00:42:47,147 --> 00:42:47,982
Wow.
760
00:42:49,024 --> 00:42:53,904
Three dead college kids. All overdoses.
Tox results show fentanyl in the cocaine.
761
00:42:59,285 --> 00:43:00,369
What is it?
762
00:43:00,995 --> 00:43:02,162
[Cisco] Something good.
763
00:43:03,664 --> 00:43:06,374
Something very good. Thank you.
764
00:43:06,375 --> 00:43:07,501
My pleasure.
765
00:43:09,295 --> 00:43:10,879
Just don't get used to it.
766
00:43:18,596 --> 00:43:19,722
[elevator bell dings]
767
00:43:22,349 --> 00:43:23,725
- What's this?
- Research.
768
00:43:23,726 --> 00:43:26,060
I got to thinking.
In all the hubbub about Julian,
769
00:43:26,061 --> 00:43:28,187
the judge never ruled
on De Marco's testimony.
770
00:43:28,188 --> 00:43:30,565
- You have a chance to get it back in.
- Lorna.
771
00:43:30,566 --> 00:43:34,569
What? You said that that video is useless
unless we get it in front of a jury.
772
00:43:34,570 --> 00:43:37,363
She's not gonna let De Marco
testify again.
773
00:43:37,364 --> 00:43:39,282
Not with that attitude, she won't.
774
00:43:39,283 --> 00:43:43,120
Mickey, I'm serious. We have to find a way
to get that video in.
775
00:43:45,623 --> 00:43:46,957
It's all right, Lorna.
776
00:43:47,541 --> 00:43:51,086
I think I have a better idea
how to use it. I'll meet you inside.
777
00:43:53,339 --> 00:43:55,549
[tense music playing]
778
00:43:59,178 --> 00:44:00,304
Mind if I join you?
779
00:44:04,767 --> 00:44:06,852
I have something to show you, actually.
780
00:44:07,936 --> 00:44:10,731
Save it for someone
who gives a shit, Counselor.
781
00:44:11,398 --> 00:44:12,858
I think that someone is you.
782
00:44:14,777 --> 00:44:16,195
You're sick of it, aren't you?
783
00:44:16,987 --> 00:44:18,155
Sick of what?
784
00:44:23,452 --> 00:44:24,620
[Mickey] Just press play.
785
00:44:29,083 --> 00:44:31,417
[music intensifies]
786
00:44:31,418 --> 00:44:34,129
[video plays without audio]
787
00:44:40,344 --> 00:44:42,554
[Mickey] I think you'll agree this is bad.
788
00:44:47,976 --> 00:44:49,645
I didn't go inside with him.
789
00:44:50,521 --> 00:44:52,647
[inhales slowly]
It's not what it looks like.
790
00:44:52,648 --> 00:44:54,774
Oh, it's exactly what it looks like.
791
00:44:54,775 --> 00:44:58,195
[sighs] Here's the thing, Bishop.
I don't care anymore.
792
00:44:59,279 --> 00:45:01,781
I don't care whatever
fucked-up arrangement you two had.
793
00:45:01,782 --> 00:45:06,078
All I care about is saving my client
and bringing this piece of shit down.
794
00:45:06,912 --> 00:45:08,162
It's not that simple.
795
00:45:08,163 --> 00:45:13,001
A woman is dead. My driver is dead.
And now my client might die.
796
00:45:17,548 --> 00:45:20,217
You're a lot of things, Bishop,
but you're not a killer.
797
00:45:21,301 --> 00:45:24,888
Whatever this is, deep down,
I think you wanna make it right.
798
00:45:28,308 --> 00:45:29,226
[scoffs]
799
00:45:31,478 --> 00:45:32,396
Don't show that.
800
00:45:33,689 --> 00:45:36,442
Not in court. Not to anybody.
801
00:45:40,487 --> 00:45:42,114
Well, that depends, doesn't it?
802
00:45:52,458 --> 00:45:54,460
[tense music continues]
803
00:46:06,930 --> 00:46:09,057
Mr. Haller, please call your next witness.
804
00:46:10,517 --> 00:46:13,020
The defense calls Neil Bishop
to the stand.
805
00:46:13,645 --> 00:46:16,023
[music intensifies]
806
00:46:20,611 --> 00:46:22,362
[music fades]
807
00:46:26,742 --> 00:46:29,161
[brooding instrumental music playing]