Original subtitles

Hey, what was that one? You're okay. It's American.

Look what you've done to my face.

It's like a Brillo pad when you don't shave.

My face feels like raw hamburger meat.

Feel like that anywhere else?

You're naughty.

Good Lord. What is so interesting

about a billboard?

What billboard?

Oh!

I guarantee you that's my plane.

Um... I'll see you in two weeks?

And maybe next time,

we can go out for dinner.

Anywhere you want.

Thanks for flying Tawney.

Whoo!

You're late. Me?

Come on. Just follow me.

And whatever you do, don't smile.

Oh. I won't.

Have a great day, Judge. Hey, Jerry.

Hey. How you doing? How's the kid?

Hey. Good. Thanks for asking.

Good. I'm, uh, here with the new judge.

Honorable Lisa Tyler.

She looks a lot younger than she actually is.

Morning, Judge. Thank you, Jerry.

Thank you. Come on. Come on. Come on.

Just go.

Judge Tyler?!

Nick, where the hell are you?

We're going to miss the whole...

What? What?

Oh, stay there.

No, stay there. Unbelievable.

Oh, déjà vu.

Could've sworn I saw you in that suit and tie yesterday.

Hi. Good morning.

Good morning. Of course. I'm sorry.

Meredith Kramer of the DA's office,

this is our new associate, Lisa Tyler.

Oh, the ex-dancer. Yes.

Welcome. And congratulations

on joining Morelli-Kaczmarek.

I guess no respectable firms were hiring.

Crack-up.

Lisa's going to be working Ray McWhorter with me.

Oh, great. Well, um, listen,

don't waste your time on the kidnapping,

because those charges won't go away.

And remember, no lap dancing for the jurors.

Could be contempt.

Excuse me. I-I'm not... Ignore that.

We got a case to try, and it's against her.

So, it's, uh, kidnapping...

Oh, there's Ray. Ray.

Hey, Pete. How are you?

He's just a kid. - Okay...

We are way down the list.

Hold down the fort.

Wait. Wait. Uh, you're leaving?

Yeah. Nick and I got something big.

Just make sure he says, "Not guilty".

No, no. Hang on. Hey.

What are the charges? The... the kid.

I don't know... It's all in there.

Case number, everything.

It's just an arraignment. Not guilty.

You should probably take a seat.

Case number 09-F26-139B.

Good morning.

He's over there.

Another one.

Hey, Nick. How you doing?

It's awful. 20 years, and a guy gets this.

Are you out of your damned mind?

Am I?

You had your wife followed.

Are you nuts? She's cheating on me, Pete.

Cheating? She... she's got a book bag, Nick.

The guy gave her a ride home from school.

On a motorcycle!

No more. No more.

We're cutting him off. No more.

Come on. Come on. Come on. Nick! Nick...

you guys are separated. She can do what she wants.

Oh, she can cheat?

She can't cheat, Pete. Come on.

All right, look. Look at her. Look at her.

Look at the smile on that face. Nothing. Nothing. Nothing.

What do you mean, nothing? Look at how close they're standing.

All right, you got a hug, Nick. That's it. No kiss; just a hug. Look at the hand.

Look at the hand. She's pressing him. She's pressing! No, they're hugging.

It's, like, a polite tap. It's like, "What's up, bro?" Give me that.

Jay, does that look like just a hug to you?

Give me these. It's 10:30 in the morning.

We're going to miss the whole thing. It's going up.

And lose the photos, okay?

It's embarrassing.

All right, all right. Stop having your wife followed

or I'll file a restraining order myself. Okay, okay!

I don't know. I just thought things were starting to look up.

That's all. I mean, she started laughing like she used to.

I even... I was going to take her out on a date.

Gonna take her to see Junior.

I had a table right in the front.

Whoa, whoa, whoa. You got tickets to Junior?

Ah, does it matter anymore? Yeah.

I've been trying for a damn month.

Zoe, what's up? We're on our way in.

When? When?

Okay. Tell him we're on our way.

We got to get you a coffee.

Collect call from County.

Dan Shepard.

Door.

Hey, Dan.

You all right?

Sorry, guys.

Can't do it.

Can't take the plea? It was a mistake.

I-I can't just agree to go to prison.

Uh, Dan, uh... you want to go to trial?

Really?

Yeah, you... you said you were ready.

The judge was ready. Yeah, yeah, yeah,

but we informed the court last night

that you accepted the State's offer.

But there's still a jury, right?

So we just stick with the not guilty

and-and we just go ahead.

Well, we could do that,

but you got a good deal.

Three years is a good deal.

Oh, come on. Good?

A bunch of guys beat my brother near death,

Okay... and I go to prison?

No.

Look, Dan, anyone could have done

what you did-- I would have--

but the DA is not interested in justice here.

This is about winning.

Yes, and they can win. You know that.

We explained that to you. I changed my mind.

I-I can do that.

It's "open murder" in Nevada.

Okay? They can throw everything:

first degree, second degree, manslaughter.

They will bury this jury in charges.

They'll confuse them.

The jury is a wild card here, bud.

They could... they could give you 40 years.

The three you do with this plea

gives you a chance to have a life.

No. What kind of life is that?

I didn't do anything wrong.

Look...

You want to go into court tomorrow

and tell them to shove it?

We'll do that.

But do me a favor, all right?

Sleep on it.

I'm sorry, Nick.

No deal.

I'm just saying,

be bold.

"Be bold," my ass.

He's tossing a great deal.

Bad decision. Not if we win.

You know how dumb that sounds coming from a Vegas lawyer?

I'm just saying.

I know what you're saying.

"Be bold. Bet the house on red."

Not your life you're risking.

All right, here we are.

I don't think we missed it.

Nick, you ready for this? Wow.

We didn't miss it.

We didn't miss it.

Wait for it, Nicky.

Wait for it.

Whoo!

Son of a... We didn't miss it!

Would you look at that, Nicky? We're huge!

Yeah!

Yeah, we're big-time, baby.

Come on, do the stance, Nicky.

Do the Defenders stance, like in the poster.

Come on. Ah...

Come on! Do it! Do it!

Yeah!

Yes, baby!

The Defenders!

Captioning sponsored by CBS

Morelli-Kaczmarek.

May I have him return?

Thank you. - Aspirin, coffee.

Hold me calls.

Nick? Pete?

This is...

Eva.

DeMoan. Yes, of course. We are, uh, huge fans.

Please let us know if we can be of any assistance.

You found the best adult film lawyer

in the business, Ms. DeMoan.

We are very proud to have Lloyd with us.

After you.

Bye.

Pretend you're a professional.

Messages. Zoe. Bill Diemer from Winston-Kerner.

Your contractor says he's almost done with your bathrooms.

You should be out of that hotel in about a week.

And some Nina,

staying at the Wynn,

said you'd remember, which I'm sure you don't.

Just give me that. Any luck with Junior?

I tried everywhere. Those tickets are gold.

It's impossible.

Wrong answer. Keep trying.

Morelli-Kaczmarek.

Hey.

How did Ray plead?

May I close this? Sure.

Not guilty. Great.

Nice work. What's up?

It's none of the DA's or anyone else's damn business

how I put myself through law school.

Agreed. Did not get it from me.

I will not work like this.

I don't give a rat's ass you're the only law firm

that offered me a job. I'll go back to dancing.

Ray McWhorter is not some case number.

And you sent me in that courtroom

completely unprepared to represent...

Not guilty. You entered the right plea.

What the hell, Pete? That doesn't matter.

I was representing a young boy

in court not knowing a damn thing about him.

Okay, okay. What do you know now?

Take me through it.

Well,

to begin with, he's a mixed-up teenager

without a record who robbed his pot dealer.

Pointed a gun-- yes, that's a serious crime,

but the kidnapping charge is just ridiculous.

How so? You got movement. You got risk.

Telling the dealer to move ten feet into his own bedroom

to get the pot was incidental to the robbery.

Kidnapping would be dual liability.

Okay. All right. You're a big girl.

Just graduated law school.

What would you do?

I would fight the kidnapping, but that... Look at that.

Perfect. There you go.

You figured out the whole case: the defense,

that the prosecutors are overcharging scumbags.

And all I had to do was get you to court on time.

But that's not my... my-my-my point.

My point is-is that...

Lisa, have a seat.

My first day,

Nick tossed me in the deep end.

End of that day, I'm in his office.

I'm screaming at him.

"I could have made a mistake.

These people are counting on us, you son of a..."

And I just look up, and he's smiling.

And before I could punch him,

he says, "I'll be damned.

"I thought I was the only one dumb enough

to care so freakin' much."

Lisa... you're going to be a great lawyer.

And right now we need all hands

because Dan Shepard is going to trial.

Thomas Cole for the people, Your Honor.

Nicolas Morelli for the defense.

Pete Kaczmarek for the defense, Your Honor.

Good morning, gentlemen.

I'm informed we have a disposition in this case?

No, Your Honor. No?

Not today? Not at all, Judge.

Mr. Shepard maintains his innocence.

Mr. Shepard,

you were offered a plea,

voluntary manslaughter with a sentence of six years,

that with good behavior could have you out in three?

Your Honor... Sir, I can tell you

your lawyers are very good at certain things,

and the deal they have made for you reflects that.

But trial is an uncertain bet.

Conviction on the most serious charge

against you could lead

to a term of 40 years to life.

Do you understand that?

He understands.

I'm talking to him, Counselor!

Do you withdraw your deal

with the state and maintain your original plea?

Uh, yes, Your Honor.

Not guilty.

In light of the late-changing circumstances, Your Honor,

we would request more time in order...

Continuance denied. We still have a jury.

I see no reason to delay Mr. Shepard's day in court.

I will see you at 9:00 a.m.

Tomorrow, Your Honor?!

Talk to your client, not to me. Let him know

what he has just stepped into.

You are risking... Good-bye, Counsel.

They were all over him,

just pounding him, kicking him, swinging.

They could have killed him.

I came out, and the-the guy rushed me,

so I-I shot.

I thought I shot the ground just to scare him.

God, I did not mean to kill anybody.

I was only trying to help Scott.

I don't know.

Maybe I could have done it better.

There, "Maybe I could have done it better."

The D.A.'s gonna rub the jury's nose in that; say it's

an admission of guilt. So we introduce it first.

Stress how he's trying to save his brother.

Pete, he says it!

"Could have done it better"!

How do we fight our own guy's words? Nick, he shot a guy.

Only a real dirtbag doesn't feel some guilt. Yeah? You got

a shrink that's gonna testify to that?

Because we got nothing.

They got forensic evidence

that says Dan shot the guy in the back.

We got squat.

No witnesses, no docs. We play the hand

we've been dealt. We've done it before.

Oh! Sammy's game starts at 5:00.

I promised I wouldn't be late.

Hey, this-this PD interview

of Dan's neighbor Eunice Brown says she witnessed the fight.

Yeah, forget that. Been there.

Eunice Brown is 200 years old

and legally blind.

Well, wait, Nick, though. She says,

"I could hear them yelling.

"We went to the window,

but I couldn't see."

So?

Guys, according to PD, the woman lives alone, husband's dead,

but "we went to the window"?

So who is "we"?

Find out.

Yeah!

Go! Whoo! Come on! Come on!

Go, go, go, go, go! Yes! Whoo!

Excuse me.

Hey, Jessie, Jessie, I am so sorry I'm late.

Oh, no. What time is your class?

Yeah, I'm okay still. You're okay?

Yeah, yeah, yeah.

It's 2-2. Sammy walked in the third.

He scored the tying run.

He scored? Yeah.

Hey, Sammy, way to go, champ!

That's my boy.

He scored. Yeah.

How about you?

You score lately?

What? Maybe a little birdie told me

that you had a date last week.

Excuse me?

Five-ten, rides a motorcycle.

A little bird?

What the hell does that mean?

What?

Did you have me followed?

What?

Did you have Frank

follow me?

I didn't say that. You did!

Oh! My son of a... Jess, Jess, Jess,

there's no reason to get bent out of shape here.

A little bird told you that? It's around.

There had better not be any photos.

Oh, there are photos!

Oh, my God! I can't... Jess...

You know what?

It is none of your business

if I am dating or not.

So you can go tell that little bird to go and

fly into a wall.

Sammy, wake up!

It's all right. It's all right.

It was just the usual party

after the football game at my house.

A bunch of guys stayed over, including John.

That would be John Thompson.

Yeah, he was my best friend.

I really didn't even know why it happened.

I mean, we didn't want any trouble.

But trouble found you, didn't it?

Objection. Sustained.

Let's go back to the night before the shooting, Mr. Ford,

at your party after the game.

You spoke to the police.

Some neighbor called

and said we were being too noisy.

And did the police say who it was that made the complaint?

No. Just a neighbor.

Yes?

Eunice Brown? Yes.

Hi. I'm Lisa Tyler with Morelli-Kaczmarek.

We represent Daniel Shepard, your neighbor... No!

I won't get anyone in trouble.

In trouble? No, of course not.

Um...

You know, I'm sorry.

I'll leave you alone.

Went out for breakfast.

It was me, Mike, Ford...

and John.

That would be John Thompson the victim. Yeah.

When you got back to Mr. Ford's house after breakfast,

did you find his neighbor, the defendant?

Yeah. He was out in the street with his brother,

screaming how Ford slashed his tires,

for calling the police on the party.

But Mr. Ford has testified that he didn't know

who called the police.

Did you know who called the police? No.

Dan Shepard hit you, did he not?

Yeah. I got out of the car, and he sucker punched me.

That's when the fight started.

Over car tires.

Did you slash his tires, Robert?

No. Why would I? Right. Why would you?

Or Ford or John,

who lost his life, Objection.

over something stupid that none of you

had a motive for. Objection, Your Honor!

Sustained.

Mr. Cole, leave the editorial for the papers.

No more questions.

Okay, uh, Mr. Church,

you testified that the fight started here

on the street in front of Mr. Ford's house? Yes.

And it ended there in the Shepard's drive?

Is that about right?

Yeah. Yes.

How did the fight get from here...

to there?

I don't know. It's a fight.

They go all over. Oh, you been in

a lot of fights? Objection.

What? He says he knows fights, he knows how they go.

Keep it short, Counsel.

How many fights you been in, Mr. Church?

One to five?

Five to ten? A few, okay?

I don't start them.

Have you ever lost one?

Probably not, right?

Look at you. You're a big guy.

What are you, 200, 245, 250?

Actually, in your high school football roster...

Got Ed Ford here as 210, Mike Weiss is...

wow, 260 pounds.

And John was 220.

Judge, is there a question here?

It's the same, Mr. Church.

How'd the fight

get from here to there?

I mean, four big football players

against two skinny guys.

Did you push the Shepards here?

Or did you chase them?

Hola.

Excuse me.

What's your name?

Ana.

Ana, I was wondering if we could talk?

It's about the neighbor, Daniel Shepard.

The shooting?

You're saying that you were inside Mr. Ford's house

when you heard yelling, Miss Novak?

Yes. I went out into the yard,

and saw them. They were over by the other house.

The other house? The defendant's house?

Yes. They were all fighting, and I was, like, "John!

"John, stop!

Let's just go, okay?"

And that's when it happened.

He walked out of the house with a gun.

I could see it...

and then he just shot John.

He just shot him.

You!

He was on his knees begging you!

And you shot him!

You shot him in the back!

Thank you, Miss Novak.

Yeah, it didn't go so well, but we're headed back in now.

Zoe, let me call you from the car.

Hey, Scott.

How you holding up, man?

You should have convinced him to take the deal.

Scott, it was Dan's decision.

It was a mistake.

Hey, you know...

You should have convinced him.

Hamels has been on his game.

He delivers fastball.

Swung through, and the count evens up

at one and one to Uggla.

Hey, Sam, what are you doing? Eat your vegetables.

I don't like vegetables.

It's on a pizza!

Hamels is in with the sign one more time.

There's Chase. And the delivery.

Oh, it hits him in his back! Whoa! It could have killed him!

A fastball, up and in, hits Uggla in the back.

And he'll be the first base runner tonight for the Marlins.

Mmm! Mmm!

You're a good boy.

All right, I'm here.

What you got?

Fight's under the carport.

Dan goes into the house to get the gun.

He comes out the door here.

Thompson is somewhere

in between.

I figure right about there, right?

Nick, we got to be downtown

in 20 minutes.

Okay, you be Thompson.

You stand right there.

I'll be Dan.

And when I come out the door,

you rush me.

Hey!

Hey, what the hell is your problem?!

You jerk! This is a $200 shirt!

I'm sorry.

I got another one in the car.

The bullet entered the trapezius muscle

and traveled down, through the torso, exiting the oblique.

And what does that suggest, Doctor? Put simply, the victim,

Mr. Thompson, was shot in the back from above.

Like an execution?

Objection.

Move to strike.

Strike that.

Thank you, Doctor. No further questions.

You're a baseball fan, right, Dr. Pitts?

I watch a bit, yes.

So you've seen it when a batter gets hit by a pitch.

Before he gets hit, he turns away so he doesn't get beaned.

It's human nature, I suppose.

Wouldn't it be human nature then

for John Thompson, when seeing the gun,

to turn away,

resulting in the bullet

going through his upper back?

It's possible. Possible. Possible that Thompson

turned away from the gun-- he flinched?

Yes, perhaps,

but it's not simply the turning away

that's important here.

Right? It's the angle of fire.

Okay. The trajectory.

The bullet entered here and exited here.

I have no choice but to conclude

that the shooter stood over the victim,

who, I suspect,

was down on his knees.

Wow. Chajectory?

Trajectory. Right.

Chajectory told you all that?

Yes, it's a matter

of the relative heights of the defendant and victim.

Oh, I get it. Okay. So then,

would it make a difference in your chajectory

if John Thompson were, say, four feet tall?

Excuse me. Or Daniel Shepard

was eight feet tall? Would it make a difference?

Obviously, but there's absolutely... Oh, okay, okay, okay.

Your Honor, defense exhibit

four and five.

Here, Doctor, here...

There.

Between the door frame

and the driveway--

does that look like a step to you?

Where? I don't see any...

A step,

right outside the back door, 24 inches above the driveway.

Objection. He's testifying.

Okay, I'll rephrase that.

Okay, Dr. Pitts, if Daniel Shepard

were above John Thompson

when he shot, say up on a step,

if he were eight feet tall,

would that account

for the bullet's chajectory?

Yes, I suppose.

Thank you so much, Dr. Pitts.

Oh, I'm sorry. I need those photographs...

Objection! Your Honor, there's no room

for these antics in a serious courtroom! Mr. Morelli,

I'm warning you. I am so sorry.

Oh, Doctor...

I'm so sorry I got water all over your...

back.

Morelli-Kaczmarek. May I help you.

I'll let him know.

Nick in yet?

At the courthouse with Lisa. Already?

Mm-hmm. Your billboard's working, Pete.

Give me the short version. Okay, Mrs. Campbell had

a statue fall on her feet at Caesar's.

And Candy and Mandy and their agent

are here to see Lloyd.

And Mr. Wallace got married last night,

and he needs an annulment.

Oh, and sorry, still not luck on Junior. Oh, great.

I can't deal with this now.

Call Lloyd. Just have him take names and numbers.

I've got to get to court.

Pete...

Defense calls Ana Mendez.

Your Honor, may we approach the bench?

I need you to wait... Well, no, she's a...

I need a recess, Judge. This witness was only added today.

We only found her yesterday, Your Honor.

Recess now and he'll have her in an immigration court by sundown.

I resent that. I don't care.

Do it fast, Mr. Kaczmarek.

I want this trial over with today.

We went to the window

when we heard the yells and screaming.

Screaming?

From the girl watching them fight.

Defense exhibits

seven and eight, Your Honor.

Is this the girl?

The girl we saw crying in court?

Yes.

This is a photo of her last weekend

that we found on a social networking site.

You heard her screaming at John Thompson to stop fighting

and come with her, as she testified here in court?

No, she was screaming, "Kill him.

Kill him," to the ones fighting.

"Kill him"?

"Kill him. Kick his head in."

She was cheering.

Cheering? Cheering who?

The ones kicking the boy.

The four of them, kicking and pounding.

He was cornered like a dog.

What happened next, Miss Mendez?

A gunshot.

And then I saw a man at the door.

It was all very fast.

All right, let's just make sure that we have this right,

Miss Mendez.

You heard the shot and then you saw

a man at the door-- Dan Shepard.

That's exactly how you remember it?

Yes.

And then they ran.

Except for the one who didn't.

One last thing, Miss Mendez.

Why not come forward before

and tell the police about what you saw?

There were others who saw.

And I was afraid.

But when you spoke with Miss Tyler,

you decided to take a big risk

and testify today. Why?

Miss Tyler said if it was my brother here...

This is the right thing.

Thank you.

The defense rests, Your Honor.

The people would request instructions to the jury

on first, second and voluntary.

We have proposed language.

Your Honor, there was no evidence offered for first.

You can't just throw that in.

Ms. Novak testified she saw an execution.

And the M.E. corroborated.

Novak lied, and the M.E. embarrassed himself.

Enough. Ample evidence

was presented for first.

I'll also instruct on two and manslaughter.

Here's language for the Crawford and your involuntary instructions, Your Honor,

The people object to instructing on involuntary.

What? Excuse me? Involuntary's for accidents.

Can't have an accident with a gun.

Like hell you can't. - This isn't a hunting mishap.

He fired the gun with intent. Intent to scare them off.

He didn't intend to kill anybody.

This is involuntary at worst, Your Honor.

Pulling a trigger is a voluntary act, Counselor.

Judge, that is not the standard.

No evidence, no instruction, Mr. Morelli.

There's your standard. You are wrong!

We deserve to have them hear the lesser charge.

Let the jury decide intent, not you.

I want this on record.

You're on record.

I'm bringing the jury in.

We'll finish this thing today.

Screw him.

Instruct them yourself. What a jerk.

And when the defendant left the fight

and returned to his house, he could have called the police.

But no, he made

a different choice.

He chose to bring a gun to a fistfight,

that started over damaged car tires.

Premeditation doesn't have to be

months or weeks or even hours,

but just few coldly considered choices.

The defendant

stood over John Thompson

and deliberately fired.

It was an execution.

Ms. Novak told you that, and Dr. Pitts corroborated.

Dan Shepard made a terrible choice...

...and John Thompson paid the ultimate price.

Only you can make that right.

Thank you.

Mr. Cole is wrong.

Mr. Cole is wrong on the facts,

and he's wrong on the law.

I mean, Dan Shepard

did chose to get a gun, yes,

and he did intentionally shoot,

but he did it to keep four men

from beating and kicking

and pounding his brother's head

into the concrete driveway.

Dan had ever right

to try to protect his brother.

His only family is getting his head kicked in.

And his intention--

his only intention...

...just to stop it.

Dan Shepard

didn't go out there that day

to kill anybody.

It wasn't his plan to voluntarily

take John Thompson's life.

He did it to save him.

He was legally justified in using force

to protect himself and his family.

I...

I don't know, I... I think about it

and I think...

what would I do...

if it was my brother?

What would I do if it was my sister?

Anybody I loved?

If you were afraid that you were going to lose them forever...

...what would you do?

What?

Hey, this is Jess.

Sammy and I aren't home right now,

but we are looking forward to your message.

Thanks.

Ryan, keep it out front.

Ooh!

Hey, I got an idea.

Meredith, how about just once,

as an experiment, you charge that Ray McWhorter kid

for what he actually did?

McWhorter's guilty.

Mmm.

I know, but not that guilty.

He held up his pot dealer; he didn't kidnap him.

Thought your stripper was handling this.

We're working it together.

I bet you are.

But that's really why you called me, is it?

Well, no, but as long as you're here...

Look, I'm not asking you

to actually give a crap about the kid.

I'm not under any delusions about who you are.

You know what?

Forget I even asked.

Let's face it.

It's just not in your nature.

You really don't like me much, do you?

Why? You starting to like me?

Not really.

Hey. Sorry I'm late. Hard night.

What do they want?

Wait till you hear this.

The jury has asked: "What do we do

"if we think Dan Shepard did something wrong,

but we don't think he intended to kill Thompson?"

You sure you got that right? It's a jury question.

I had the bailiff read it twice.

Wait, wait, wait.

It's basically the definition

of involuntary manslaughter.

Nicky, you're a genius.

You are a genius.

You guided them right there!

And now we get the judge to revisit his ruling,

give the instruction. - Unless he wants to get reversed,

he doesn't have a choice.

Um...

this is all good, right?

Well, the jury is basically telling us

they'd convict Dan on involuntary

if they had the charge.

But they don't have it.

They don't even know it exists.

And Dan gets a year

if we get the judge to reconsider.

That's a win.

Yeah.

Well...

that would be a win...

What?

The jury is telling us

that they won't convict on the charges they got.

So why give it to them?

So...

what are you saying?

Now... now we don't want the involuntary?

No.

Not anymore.

But you just asked the judge for it today.

How do you tell him you don't want it tomorrow?

Wow, Nicky.

Bold. Uh-huh.

Very bold.

Got that right.

So, if the judge doesn't give them the instructions,

then it could be not guilty?

Yes.

And you know this from the question?

I do not know this, Dan.

I think a solid number of jurors

are saying they don't buy the charges

and they want something else.

And if we get the judge to reconsider

and offer that something else, I canalmost guarantee you...

They're going to convict.

I'd do another year.

Which is good, considering.

And they get to choose from what they've already got.

They can go voluntary manslaughter.

That's... ten years.

That's a possibility.

Look... just get me out of here.

Okay?

And the State's position, Mr. Cole?

I don't know, Judge-- doesn't seem to be

a lot of ambiguity here.

They're asking for a lesser charge?

And you'd yield to a supplemental instruction?

If Your Honor is so disposed,

the State withdraws its objection...

Ah, geez. Can you guys just get over yourselves?

Pardon? If the court so disposes,

we'll yield to a supplemental.

Look, if it makes you guys feel good

to hide behind shoptalk,

knock yourselves out, but I got a client to defend.

Are you mocking me, Mr. Morelli?

Me?

No, Your Honor.

The jury is mocking you.

Oh. What do we got out there,

a couple grade school teachers, a dealer from the Trop?

And cripes, is there a real estate agent

in the jur...?

A real estate agent, too!

And they all know the law better than you.

Counselor, are you drunk? Come on.

Quit wasting my time, and just give the jury

the new instructions like I already told you.

One more word, and you're fined.

Fine me.

It's not going to make you a better judge.

$1,000-- pay the clerk by the end of the day.

Oh, please!

Nicky, Nicky, Nicky. No, no, no, no, no, no!

Let's just get this over with

and offer the damn instructions. I will not!

I will reread what they have,

and I will advise them that it is sufficient.

Don't be stupid. $2,000, Counselor.

Get the hell out or go to jail.

Judge, no. Judge, how can...

Enough! Get out!

Bold enough for you?

All rise.

Sit.

I cannot answer your question directly.

I'm going to ask you

to resume your deliberations

with instructions you've already received.

I think you'll find that sufficient.

Psst.

Hey, you two.

Hey. Hey, good timing.

I was just telling Ms. Tyler here we're going to stipulate

to dismiss the kidnapping charges against Ray McWhorter.

Oh, yeah? Great. Yeah.

Well, yeah. Thanks.

Call me to discuss a plea? Will do.

Great.

What just happened there?

You won. Ray won. We won.

How?

What'd you say to her?

Absolutely nothing. You? Nothing.

Uh, what was that look she just gave you? What look?

She just gave you a look. What was it? I didn't notice.

Whatever. Counselor, congratulations.

A win is a win.

I got to run.

Congrats.

How you feeling?

Like I'm all in on a pair of tens.

Pair of tens ain't bad.

Yeah? Jacks are better.

Hey, how are things with you and Jess?

You... you talk?

Yeah, I think I made things worse.

I'm sorry.

But hey, listen, if you're, uh, not going to be using

those Junior tickets, I could take them for you.

You ask how the wife is 'cause you want the tickets?

No, I... I care.

You care about the tickets!

I-I care. Oh, come on!

All right.

All rise.

Mr. Foreperson, could you give your verdict

to the bailiff?

In the matter

of Daniel Shepard, case number 47387,

in the Clark County District Court,

as to count one, murder in the first degree,

not guilty.

As to count two, murder in the second degree,

not guilty.

As to the final count, voluntary manslaughter,

not guilty.

Yeah!

Hey, Nicky.

Hey. Thanks for coming, man.

What, are you crazy?

It's Junior.

Nicky... cheers.

Oh, stop it. What the hell?

Zoe!

I got tickets!

And they're right up front!

Ladies and gentlemen, the Congo Room There he is.

is proud to present a man who needs no introduction.

Join me in welcoming Frank Sinatra Jr!

Yes!

Yeah!

Whoo! Whoo!

Captioning sponsored by CBS

Captioned by Media Access Group at WGBH access.wgbh.org