Original subtitles

Man, if

they ever catch this dirt bag, I'm gonna throw the book at him.

Criminal mischief, vandalism.

Felony trespass.

Tortious interference with commercial expectance.

Nice.

Ah, 20 years, Arvin.

See how funny that is.

Okay, guys, here's the deal.

You can file an insurance claim, take maybe a week,

or I could get up there today for say, 300 bucks.

What is this, a shakedown before lunch?

Why don't you grow a moustache?

It'll be cheaper.

Aah! Pay the man.

Whoa, whoa, whoa. Me? Me?!

Your idea for the billboard.

I got a motion to file.

Oh.

What do you mean, what present?

Uh, no. It's a surprise gift for our son.

No, I'm not just looking for an excuse to drop by.

Of course I have a present.

It's right here in my hand!

Appreciate it.

Right.

Look, I haven't seen Sammy all week.

I know we have a separation agreement, honey.

I drafted the damn thing.

Okay, thank you. Tell Sammy I love him.

7-5287...

Las Vegas v. Laura Reid.

Uh, Bennie B. Hapwood, representing

Ms. Reid, Your Honor. Mel Gow for the state, Your Honor.

Defendant is charged with failure to take due care

while driving... - Yeah, we'll waive the reading, Judge.

We're prepared to plead.

Mr. Gow? We're agreed.

Mindful the defendant did kill a woman.

It was an accident,

Your Honor.

No drugs, no alcohol.

Ms. Reid was at reasonable speed,

and the woman was running down the middle...

The woman has

a name, Counselor.

No disrespect, Your Honor.

Uh, Mrs... Merritt

was jogging on a road

with poor lighting and no sidewalk,

but in the interest of the court's time,

we'll plead for probation.

Ms. Reid has no priors,

and is the, uh, sole guardian of a

nine year-old girl. - Ms. Reid,

did Mr. Hapwood explain to you

the maximum sentence here is

six months in jail?

Yes, ma'am.

Mr. Gow? I'm good, Judge.

State accepts three years unsupervised probation

in lieu of jail.

Ms. Reid, you are charged with failure

to take due care in the operation

of a motor vehicle. How do you plead?

Guilty, Your Honor.

The court accepts your plea,

and directs a sentence of six months in county jail.

What? They said it was just probation.

We had a deal. Not with me, counsel.

They said no jail! Mr. Hapwood?

I withdraw the plea!

Judge, we withdraw!

My client has a minor child.

That's not the problem of this court, Mr. Hapwood.

Call Family Services.

Perhaps the next time, you'll read the file.

Uh, Your Honor? Judge?

If it pleases the court, maybe I...?

Sit down, Morelli. This is not your case.

Judge! Hold on!

Recess. Judge, you got a minor here!

Wait. What about my daughter!?

Court is now in recess.

We'll reconvene in 15 minutes.

Please take all cell phone calls in the hall.

Bennie!

Bennie?

Okay.

Come here!

What the hell just happened in there?

The judge is insane. I-I had a deal with Gow. Well, what did she mean

by, "Maybe next time you'll read the file"?

You read the file, Bennie, didn't you?

Of course I read it! You read it! There's no crime in here.

It was an accident! DA never should have even charged it!

Geez, Ben.

Girl got family?

Notify Child Protective, I guess...

Child Protective? Nah, nah. Come on.

Well, you tell me, Nick-- what's a guy supposed to do?

Give me that.

Captioning sponsored by CBS

Open the gate. Standing back.

Right here.

Ms. Laura Reid?

I'm Nick Morelli. I saw you earlier in...

In court. Yes. I saw you.

Please, please, sit down.

Do you know about my daughter, Katie?

She's fine. Bennie and I are taking good care of her.

All right?

I wanted to know if there's any relative

or friend I could contact for you.

There's nobody to call.

Her-Her dad's gone.

My mom's in Texas.

Where's Mr. Hapwood?

He-He said

that I would only be getting probation.

That-That was the deal he made with the DA,

but the judge does not have to honor it.

I feel terrible about what happened.

I-I was just driving home, like every other night,

and I never... saw her.

It was an accident.

And... I'm all that my daughter has.

Well, listen, Laura, um,

if you're all that she has,

then... we just got to get you out of here, okay?

All right, Walter, so, ten grand out of the work safe?

I know, I know.

I know, I know. I-I feel so ashamed about it,

but I... okay, I was gonna give it back.

I just... I just... I cracked, okay?

All day long, I'm-I'm selling diamonds to high rollers, and...

and the money just-just stacks up there, and sits there,

and I... you know, I'm losing my house.

So, you stole ten grand, bet it on a horse to save your house?

I had a plan.

Don't we all? No, no.

But mine worked!

I won!

I mean, I cleared the four grand that I needed,

and then I go back to work

to put the ten grand back in the safe.

My boss is home a week early from Tahiti.

Who comes back a week early from Tahiti? Tell me about it, and

he already called the cops, and they're dusting for prints,

and they're interviewing everyone.

So I just turned around and took off before anyone saw me.

I... But...

How-How much trouble am I in?

Lisa, client asks a question.

Give him a straight answer.

Grand larceny? Two to ten.

Two to ten?

Years?

Yes.

Two to ten.

Years. Oh.

Here, just-just-just take it! All of it. Just give it back!

Okay? All 14 grand. I mean, I'll just...

I'll just... I'll just find someplace else to live!

You-You... You just... You got to keep me out of jail.

Okay, I... Sweet Mary!

All right, Walter.

Walter. Walter.

Your brain needs

all the oxygen it can get right now.

Come on.

Morelli-Kaczmarek. - Just do what you normally do.

Go to work.

Gym, movies, whatever.

If the police contact you,

just be polite, shut your mouth,

then call me, okay? I will be in touch.

Okay. All right.

Wonderful. Thank you.

Thank you. Thank you. Thank you. And thank you.

It's okay. You're welcome. Good luck!

Hi. How you doing? Hi.

Katie, these are my friends.

This is, uh... This is Pete, Lisa and Zoe.

Hey, Katie. Hi, Katie.

Hi, Katie. Ooh, what kind of cell phone do you have?

Oh, excuse me. This way.

They're twins. Well, they're... they're sisters.

Zoe, Katie says

she's very good at playing video games on the computer.

Do you think maybe you could help her?

I bet I can. Come on around. Let's take a peek.

Hey.

Something you're not telling us, Nick?

Yeah. Bennie Hapwood got her mom tossed, the schmuck.

Bennie B? Oh, geez.

Now I got to find a place to park the girl.

You believe that jerk was going to dump her in the system?

All right, I need you to file this in White's court.

Don't worry about it. You'll be fine.

Just don't let her know you're with me.

And this.

Top page. 911 transcript.

Car hits jogger, driver is not impaired, not reckless.

You tell me why Susan White tosses the driver in jail.

All right. Yes, Nick Morelli for Judge Owens.

All day?

All right, all right. Just tell him

to give me a call when he checks in. Thank you.

What the hell is this? New client.

Stole it from a jewelry store,

and then bet it on the fifth at Del Mar.

Unbelievable. Whoa, whoa, whoa!

You cannot put stolen cash

in our safe!

It's escrow, Nick.

No. It's accessory after the fact, Pete.

It's my client. No.

It's my safe!

Nick? Look. Phew!

Driver tells 911 dispatch,

"I just looked up, and she was there."

What's that? It's an admission of negligence.

Takes you two minutes to see

what Bennie's been missing for two weeks.

Aah. Somebody's got to clean up this damn mess.

Judge Owens?

Bob!

Hey.

You, uh, got a minute? Morelli?

What are doing here?

I doubt you came here to hit a bucket.

Well, I, uh... I bribed your clerk with a

few buffet coupons to Binion's.

What do you want, Nick?

What do I want?

I want Susan White thrown off the bench.

This about her booting that plea in Justice Court?

Okay, so you heard. Yeah, well, she's planning on running for district court.

She's beefing her tough-on-crime.

She wants it heard.

Bob, you got to pull rank here.

You got to force White to reopen this case.

Look, she had every right to disallow that deal.

It's her prerogative.

But she relied on facts not in evidence.

She just assumed, Bob. She...

Now, now, White is a judge, Morelli.

She can judge.

Hey, it's what we do.

Uh...

Nick.

Look, um...

I'll tell you what.

Why don't you get me something I can use, huh?

I mean, I've got people I've got to answer to, too.

Thank you.

You want to get the rake? Rake out that bunker?

Yes, sir. Do a good job?

Yes, sir.

Mr. Nikolic?

Hi. Pete Kaczmarek, and I come

with good news regarding your recent loss.

Are you with the insurance company?

No. Actually, I represent the very remorseful,

very contrite individual

who removed the money from your safe

and wishes to return the $10,000 in full.

Do you know who did this?

Mr. Nikolic, please, take it easy.

I understand you're upset, but this is approaching assault.

Who was it? Pavel? Arman? That scumbag Bucky Bryson?

That is privileged, but I'm here to let you know

that in return for your cooperation, helping...

Cooperation?

I don't want to help. I want to hang him by the--

Walter! For God's sake.

Haven't we had enough trouble today, eh? Yeah.

No. You tell your client

no one steals from me.

No one.

The insurance company can pay me my money back, eh?

Okay, Well, if you found an insurance company

that will pay what they owe you this decade,

let me know, because I'll change carriers.

You've got my number.

Are you nuts? I can't make a plea deal

without knowing who the guy is.

Sure you can. You're senior ADA now, Tommy.

Don't call me Tommy.

Right, sorry. Thomas.

Look at this as an opportunity.

The police don't even have a suspect yet,

but your office gets the conviction

and all the money back all in the same day.

Listen, it's not a good time right now.

Okay.

Let's do this. Plead it down to a gross misdemeanor.

My guy does no jail time.

But-- but-- we make him jump through some hoops.

Let's say...

three years probation.

No.

No. Have them turn themselves in,

and I'll consider not hitting them with money laundering.

Money laundering?

If they don't come in, don't think I won't come after you.

You have an affirmative responsibility here, Kaczmarek.

Oh, I'm trembling.

What a putz.

Not you. Him.

Zoe?

Get me the numbers for Bennie Hapwood.

I need his cell, office, work...

Great.

Where's Katie?

I got rainbow eyes, and a dragon!

And Zoe taught me how to answer the phone.

We're twins, see?

Oh. Minelli Kaczmenheimer.

Hold, please.

Sweet!

Hey, Katie. I need three copies of this

on my desk by 5:00 p.m. today.

Okay, that's it. That's enough. That's enough.

Nice tattoo, honey.

We got to go. Come on.

Come here, babe.

Bye, Zoe. Bye.

Bye. Here. Here.

You're supposed to call first. I know.

But calling might have meant you'd say no,

so I, uh...

This is Katie.

Is that the present you got for Sammy?

No.

Her mother was incarcerated today.

Jess!

Jess! I love what you've done with the yard.

Thanks, Pete.

Hi. - Hi.

I'm Jess.

Thank you. Okay.

Bennie, stay right there.

I'm five minutes away.

Bennie, stay!

Believe me, nobody is going to miss you.

Idiot. Going to blow a vein, Nick,

keep picking up stray women and children.

Suppose I should try to keep embezzlers out of jail, then?

400 an hour, partner, for two days work.

Somebody's got to look out for your future.

There's that idiot.

Trying to get away. Block him, block him, block him.

Bennie, I thought I told you to stay.

I got night court, Nick.

Client's waiting.

Your client's better off defending themselves, B.

Bennie, I told you,

if you wanted me to help you out,

you got to help me. Come on.

I got a kid at my wife's house. I got a woman in jail.

And what? And what? I don't care?

I said I feel awful,

and I'll-I'll do whatever you think is necessary.

I knew you would, Bennie,

'cause you're a stand-up guy.

I always said that. That Bennie B.? He's a mensch.

That's right.

Well, what? What? Write.

Now? Now.

"I, Benjamin B. Hapwood..."

I, Benjamin B.

Hapwood...

"...am the dumbest lawyer in the state of Nevada."

I-I'm not writing that.

Owen will reopen the case, Ben, but you have to give him cause.

Deficient counsel.

Whoa-Whoa.

Put on paper I messed up a case?

It isn't true. No.

Well, it's either that or Laura Reid sits in a jail

and her kid goes to foster care.

Come on.

Come on, Bennie. No. No letter.

I'll do anything but that.

Anything?

Come on.

I got it.

Hey, Judge!

Nick? Come on.

I got a friend here I want you to meet.

Hey, Judge Owens!

Judge, this is, uh...

Bennie.

I, Benjamin B. Hapwood...

am an excellent lawyer...

However...

It's all there.

Judge Owens ordered the case reopened.

Expedited.

Is this a scorecard?

Why, yes it is.

Desert Oaks.

If you doubt the judge's score,

you can call him yourself.

What does the DA have to say about this?

Uh, I'm not sure.

Not sure?

Don't you work here?

I've been asked to wait.

Wait?

For what?

Yes?

Tommy!

Sorry, Judge.

I'm told Mr. Morelli has asked to reopen Laura Reid?

Yes. I have an order here

from Bob Owens. Your boss have anything to say?

Yes, judge. The state has

no objection to reopening the case,

if that's what Morelli wants.

What do you mean, "if that's what Morelli wants"?

If you decide to reopen, we intend to re-file the charges.

Upstairs.

In district court. What are you talking about?

It's a misdemeanor. No, not anymore.

Turns out Ms. Reid was on her cell phone

at the time of the accident.

That's gross negligence.

Careful what you wish for, Nicky.

You reopen this, we'll tack on felony vehicular manslaughter

to the original charge.

Her six months just turned into four years.

How's Katie? Katie?

Katie's just fine.

She misses you, but she's good.

My wife just adores her. Thank you.

Oh, you're welcome. You're welcome.

Uh, look, Laura, I have some news.

The judge is going to order a new hearing.

If you want, you can withdraw your plea.

I could get out? You could.

And Mr. Hapwood will help me?

No, no. Mr. Hapwood stepped aside.

Reluctantly.

But if you like, I could help.

I don't have any money.

Oh, that's-that's fine.

That's, uh...

That's not the problem.

Problem?

Here's the thing.

If you take back your plea,

the DA is going to re-file your case in a higher court.

He'll charge you with manslaughter.

What?

Yeah. It was an accident.

I know. I know. But the DA says that you were

on the cell phone at the time, and that makes it much...

Phone? No, I wasn't. I-I-I already called Katie!

So you were off the phone before the accident?

Yes!

Okay.

Look, Laura, the state can't try you twice here.

If you want to stick with your guilty plea,

it's just the six months.

But if you want a new trial, you start from square one.

The DA's going to add a charge.

You could face four years.

I can't spend six months.

What about Katie?

My mom can't take her. She's too sick.

I know this doesn't sound great,

but, uh, I-I could help

facilitate some foster care for her.

No.

I want to take back my plea.

It was an accident.

I wasn't on the phone.

Please. You have to believe me.

Please.

Okay.

The victim,

Mrs. Merritt, lives here.

She was jogging east on Golden Arrow Drive

and was hit in the back here.

The intersection at Burnham Ave.

And the defendant called 911 herself,

to report that she'd hit Mrs. Merritt?

Yes.

State's exhibit 1A, Your Honor.

A transcript of the defendant's 911 call.

Detective Stander,

can you read the highlighted sections, please?

Uh, "I hit someone. On the road.

I just looked up, and she was there."

"Just looked up, and she was there."

Wow.

Defendant wasn't paying attention, I guess.

Objection, Your Honor.

Withdrawn.

Is it a fact, Detective, that the defendant's vehicle

was traveling at an excessive rate of speed?

Skid marks confirm

the defendant was traveling east

at over 30 miles per hour on Golden Arrow.

Where the statutory speed limit is 25, correct?

Correct.

Thank you.

Detective...

Statutory? 25? I'm confused.

It's not 18?

No. 18 is the age of consent.

Statutory speed limits are those in the books.

What the limit is if it's not posted otherwise.

Oh, okay. I get it.

So what Mr. Cole is really trying to say here is that there

are no speed limit signs posted on Golden Arrow Drive.

No, they are not.

Why not?

Why not?

Yeah, no posted speed limit signs.

Why not?

What, is the city too cheap to buy them?

Objection. On with it.

Uh, one more thing.

Mr. Cole said Laura was driving at an excessive speed.

Your skid mark analysis clocked her at what?

31. 31?

In a 30-mile-an-hour zone?

25.

Right. 25. Statutory.

Sorry, it's confusing.

I mean, how can you tell when a city is too cheap to buy signs?

All right, as far as I can tell,

the prosecution assumes

that the victim was running east on the side of the road.

She passes that boat,

Laura comes around the boat.

Brakes here.

Skids here.

Hits vic. Vic is tossed right there.

How do we argue

that she couldn't see a jogger right in front of her?

I've got the cell phone records.

Laura's call home to Katie ended at 8:13.

A minute and a half later, she calls 911,

at 8:14:43.

Okay, so what happened in those 90 seconds?

You're gonna wish you never asked.

I can't just stand there?

I got to run in these alligator shoes?

I can't see you.

She couldn't see the jogger

'cause of the boat!

Ah, I can see you.

Hey! Don't hit me!

Whoa, whoa, whoa, whoa!

You almost hit me!

You said you weren't

gonna hit me! Get down, get down!

What? Get down on the ground.

No, Nick, come on, I-I got court later.

You just got hit by a car!

Make Lisa get on the ground.

Get down! All right, all right!

All right.

Laura says

she walked over here

to see who she hit.

Looks for a pulse.

Goes to the car,

where she said she left her cell phone.

Dials 911.

911.

Time.

36 seconds.

How are we gonna argue she wasn't on the phone?

It's too narrow of a window.

Well, if she was on the phone,

Katie would have heard the accident. Right?

Hmm, always did bring your work home with you,

but th takes the cake.

Aw...

Jess, thanks for doing this.

Mm. Feels kind of nice,

though, huh?

Always did want

to have our own little girl.

Mm. Could you bring these to the kids?

Hey.

Yeah?

Did you move my boxing trophies?

Oh, God, I'm sorry, I should have told you.

But I boxed them up-- there's so much clutter.

Okay.

I get it.

Is my mom okay?

Oh, yeah, yeah, no, she's fine.

She's fine.

She misses you a lot, though.

We'll have her home real soon.

Katie... I need to ask you a couple of questions

about the night your mom got in the accident.

Okay? Mm-hmm.

You remember talking to her?

Mm-hmm.

While your mom was on the phone,

did she shout or cry out at all?

She just wanted to know if I had finished my homework.

You don't like talking about this, do you?

I can't... I can't do it.

I can't put her on the stand.

Judge just sees a scared little girl

trying to alibi her mom.

And if Cole rattles her, she may say something to make it even worse.

I mean, she's a nine-year-old girl, for crying out loud.

You got to kill the phone thing, Nicky,

I know, I know. or the mom gets four years.

I know. I was you, I'd start figuring

how to make the kid work.

Oh, that's what you'd do?

'Cause you know kids so well?

It's not a matter of knowing kids;

it's a matter of I know judges.

Looks like your girl is dating her boss.

What the hell?

Unbelievable!

Seriously, Meredith? Him?

Aren't there rules against fraternizing with fellow D.A.'s?

And can he even afford this place? Are you jealous?

Concerned. Reflects poorly on me if anyone

were to find out about our relationship.

Well, Cole is actually quite charming.

By charming you mean creepy and asexual?

And he's got a good two inches on you.

Excuse me?

What are you, 6'2"?

Evidently, he's getting less oxygen up there.

He tell you about the hose job he's doing on me?

Uh, you mean your anonymous client?

Money-laundering for gambling on a horse.

Can you reason with Prince Charming?

My guy's got no record

and he wants to return the ten grand.

Why did he take it in the first place?

Off the record, he is underwater.

Trying to save his house.

Knucklehead put it all on a horse at Del Mar.

How'd that go? He won. Thank God.

Four grand-- he can pay his mortgage.

Well, there's an angle.

I bet I can get Cole to give you your, um,

no-jail-time gross misdemeanor if your client

forfeits all the winnings to the DA's office.

Oh, Meredith...

did you hear anything I just said?

The guy's trying to save his house.

The four grand...

was the fruit of, uh, illegal activity.

He made the bet with dirty money.

What...

if he had lost the bet?

Would you go after the casino that butters your bread?

You know, you're very sexy when you're trying to take on the system,

even though you know your argument is going to lose.

Is that a challenge?

I'm just trying to save a guy's house.

Wait a minute.

You just want to get paid.

How dare you.

It's written all over your face.

It is not!

I thought you were never coming back. Oh, I'm starving.

Did you order? No. Uh...

Was that...

That was Pete Kaczmarek. Mm-hmm.

Get what you wanted? Well, not in the way you think.

Our pal over there doesn't have to know.

Smile.

Karma's a bitch.

Ms. Edson, as a phone company representative,

can you tell us what these highlighted numbers mean?

The highlighted numbers are the last two calls

made by Ms. Reid the night

of the ninth. The night of the accident?

The defendant made a call at 8:10

that ended at 8:13?

Yes. To her home phone.

And the call following that,

to whom was that made?

911 emergency.

And can you say when that call began?

Yes. That call was initiated at 8:14.

Huh. So the defendant was

chatting to someone

at home one minute and...

reporting she maybe killed someone the next.

Objection, Your Honor!

You want to rephrase that, Counsel?

No, I'm good.

Thank you.

It's going to be okay, Mr. Hutton.

Just try to think about something else.

You are on a beach on a faraway tropical island,

sipping coconut milk through a straw.

What is going on?

The police called Walter-- they want him in for an interview.

The gig is up.

No, Walter, no, it is not.

Thank you, Zoe.

Look, Walter, I'm working on a deal

that's gonna keep you out of jail, keep your winnings,

and I'm gonna renegotiate your home loan, okay?

We are going for the trifecta.

Yeah? Yes. But I need you to buck up.

Now, the police are interviewing all employees, right?

Yeah. Okay, so it's probably just routine.

But just to be cautious, I'm gonna need you to lay low for a little while.

Hang out here, make yourself comfortable...

Okay, Walter!

Okay! Big hugs.

Okay. O... kay. Why don't you just

watch some TV, and I'll be back soon.

Fingers crossed, okay?

Lisa! Lisa!

You find it?

Willowbrook v. Olech, U.S. Supreme Court.

Is this really what you're looking for? Yes, yes...

yes.

You read this? This is gold.

Yes, and how exactly does this help Walter?

I need to prove to Meredith that there's a conflict

in the state taking Walter's winnings.

Ah, so you can get your fee!

This isn't about money; this is about principle.

Really, Pete? This case is about water pipes.

I know.

It... it's crazy, right?

Judge, Judge, hi.

Borrow you

to settle a little legal argument? Two minutes.

Ah, he told me one.

I'm timing you. Okay.

Hypothetical. John Doe steals ten grand,

places a bet with the dirty money and wins 14 back.

What happens to that extra four grand?

If the state establishes stolen money was used for the bet,

the winnings are subject to forfeiture.

Thank you. Enjoy your sandwich. I'm not done, I'm not done.

Okay, John Doe makes that very same bet

with the very same dirty money, but this time the casino wins.

What does the state ask the casino to do

with their winnings?

Nothing. Keep it.

See you, guys.

Thanks for the campaign contributions.

This town was built on dirty money, Kaczmarek.

I mean, is this news to you?

What's the legal argument?

Two parties, on opposite sides of the same bet...

Roulette ball lands on red, that party, the gambler, forfeits.

On black, that party, the casino, walks away scot-free.

It's an equal protection violation,

Your Honor, 14th Amendment, plain and simple.

Oh, for God's sake, we're talking about betting here,

not race relations. Village of Willowbrook v. Olech, Judge.

United States

Supreme Court applied

equal protection laws

to a property dispute involving water pipes.

Now, if the Supreme Court

says that the Village of Willowbrook

cannot treat two neighbors on opposite sides

of the same water pipe differently,

what is the court gonna have to say

about how the state of Nevada treats

two parties on opposite sides

of the same bed?

That's a hell of a stretch, Kaczmarek.

But intriguing.

Thank you, Judge, thank you very much.

Hey, hey.

"Hell of a stretch"? That's an understatement.

Your argument's ridiculous.

He's intrigued; he's thinking about it.

Hoo-hoo! Could you imagine if he let that door open?

All right, look, I got to give Cole something.

He hates you guys.

So?

Full restitution to the victims, 50-50 on the winnings.

My office tomorrow.

Done.

35 years, sir.

I retired just this month.

35 years? Wow, that's terrific.

And all these years that you've been giving driving tests

at the DMV, would you consider yourself an expert

at the proper operation of a motor vehicle?

An expert? Oh, my.

I suppose, uh...

yes.

And... on the way to court today,

did you break the speed limit?

Maybe just a little bit?

I did not.

Really? Well, how would you know?

I mean, do you have a feel for these kind of things?

You may not rely on feel

or on the flow of traffic.

It is essential to monitor your speedometer. But wouldn't

that mean you'd have to take your eyes off the road?

Wouldn't you flunk me for that?

Just the opposite.

Proper driving requires that you regularly glance away

from the road ahead to your instrument panel, your mirrors.

Or over your shoulder to change lanes.

Yes, good.

So if my client were to say to 911

that she just looked up and she was there,

that wouldn't necessarily suggest

any lack of due care on her part or negligence.

It would not, no.

Thank you, Mr. Schneider, thank you,

and congratulations on your retirement.

And if the defendant were

on her cell phone when she hit Mrs. Merritt,

would you flunk her?

You've knocked down everything else, Nick.

The excessive speeding is nonsense,

the looking away is gone.

Sorry, who had the kung pao?

Oh, yeah, and the, uh, rice.

And the, uh...

What, do I look like a waiter to you?

Okay, look, it's pitch black outside.

The victim's in dark clothing.

Dark clothes or not, the D.A.'s going to point at that photo

and say how the hell does Laura not see her

unless she is on the phone?

Ah...

this sucks.

Well...

what about Merritt?

Maybe she has a phone.

Is that a cell phone?

Let me see. Right there.

Oh, you're good.

What? Cell phone-- maybe her cell phone breaks

when she gets hit.

The phone company will be able

to tell us the exact time that it died.

Zoe, get Officer Sanchez in storage,

tell him we need to get into evidence now. Come on.

Come on, be broken.

Be dead. Should be ready.

Want me to try?

Oh, damn it. Crap.

Let me see that.

What the hell is that?

I don't know.

Maybe a witness we didn't know we had.

It's an application we developed for joggers

to track statistics in their training.

It works with a chip in the runner's shoe.

Okay, so the statistics on the monitor are a record

of Mrs. Merritt's run the night of the accident? Yes.

And the image proves

that Mrs. Merritt left her house here,

went east on Golden Arrow Drive

where she was run down from behind,

as the state assumes? No.

No? The first statistic on the screen

is distance traveled--

3.6 miles--

but the distance from the runner's house to the accident

is less than half a mile.

Now, what if I told you,

from her house, down Golden Arrow Drive west,

then to here, around here, and up Burnham Avenue

to the site of the accident

was exactly 3.6 miles? - Objection.

Speculation.

Sustained.

Okay, the phone tells us

Mrs. Merritt ran 3.6 miles, correct?

So maybe Mrs. Merritt went a different way.

Maybe she went around this way,

which is 3.6 miles, and ran

in front of the car.

I mean, maybe they didn't see each other.

Objection. Maybe it's an accident!

Are there any facts here? Ms. Reid was on the phone.

Mr. Morelli, is there anything in this that you can prove?

Prove, right, yes, okay.

Mr. Philips, can this thing tell us

the exact time a jogger stops jogging?

Yes, uh, when the forward momentum of the runner ceases,

the recording shuts down, which in this case was 8:14 p.m.

8:14 p.m., okay, and if I were to tell you

that in previous testimony,

we've proven that my client got off the phone

with her daughter at 8:13 p.m.,

would you say that

my client was off the phone for a full minute... - Objection.

...before Mrs. Merritt ran in front of the car? Judge!

Withdrawn.

Thank you, Mr. Philips. Sir, on your way home

tonight, you plan on running anybody down? Oh, whoa, whoa!

Objection, Your Honor. Counsel. No, Your Honor,

this is a serious question. I mean, do you think that you

might run somebody down tonight? Your Honor.

Mr. Cole. Have you ever killed someone on the way home from work?

Because I haven't because when driving, we all take due care

for our neighbors.

Your Honor, that is r...

That's enough, I've heard enough.

We're adjourned.

Per our deal, 50% of Walter's winnings to the state.

$2,000.

And I'll be sure that he turns himself in

by the end of the day.

Noon, and I'll need proof

of full restitution to the jewelry store.

Fine, with that I assume you'll give me an O.R.

Own recognizance.

I know what an O.R. is. No way.

I'm gonna recommend bail at $10,000.

Wh-What?

He only has to put up ten percent. "Only ten percent"

is going to cost my client a thousand bucks.

That's going to cut your fee in half.

Meredith, this has nothing to do with my fee.

Look, if he doesn't want to pay, he can spend the night in jail.

It's dealer's choice.

Hey, you're still a grand ahead.

Walter?

I can't believe it, of all people.

He's got financial issues. Yeah.

But why he didn't come to me? He made a mistake, he regrets it.

Look, trust me, this is the only sure way you're gonna get your money back.

You have ten grand on you now?

So do we got a deal or what?

All right.

Deal. Okay.

It's right there. On, uh, one condition.

I want my vig. Huh?

Vig, what, what vig?

Vigorish-- he won with my money, I want my vig.

Call it a thousand and we're good.

A thousand dollars? That is outrageous.

And it is not legal.

A defense attorney cannot offer interest

on restitution to alter a victim's decision.

It'd be improper.

Yeah, what, what she just said.

Okay, so you are the lawyers.

Yeah. Figure it out.

Take it or leave it.

How much are those cuff links?

$200.

Those your style?

No, they look fake.

Not as fake as yours.

Hey, man, these are not fake.

Okay, we'll pay

a thousand dollars.

Take it or leave it. Deal.

Deal.

There's your fee.

I mean, I-I don't know what to say.

I mean, you saved my life, you saved my house.

We'll get your loan modified, Walter,

but you still got to make your payments.

Yeah, no, no, d-d-don't worry.

Look, I got a plan.

No, no, no.

No, no horses, no betting, no borrowing.

You remember what the judge said.

You violate your probation, you're going in. Of course.

D-Don't worry, look, I just, I just feel bad

because, I mean, you worked so hard

a-and I've got nothing left to pay you.

It's all right, Walter, we got a win.

Just worry about your house, okay?

Good luck.

Hey, hey, hey, wait a second.

Hold on, if I still...

Yes.

Here it is.

Take it.

I bet one other race.

Belmont-- it's with my own money.

It runs later today.

Walter, this is a $500 ticket. I can't take this.

No, no, no, no, no, take it. It's a great horse.

Between the Sheets-- man, it's eight-to-one odds.

I mean, that's almost 4,000 bucks, right?

Hey, maybe our luck is changing.

Or not.

All rise

for the Honorable Judge Owens.

You gentlemen don't mind,

I'd like to dispense with the closing arguments.

Bringing this case as a felony manslaughter

was a stretch at best,

Mr. Cole, given the evidence you offered here,

and as so little of it was actually proven,

well, I certainly hope you think hard before trying it again.

As for the facts that were proven,

Ms. Reid was driving over the statutory limit

and she was on a cell phone,

albeit not at the moment of the accident itself.

But a woman was killed,

and a question

do the facts rise to the level of the underlying,

original charge-- failure to take due care?

And I'm forced to conclude that they do.

The defendant is guilty of the original misdemeanor,

and I am prepared to sentence the defendant...

to seven days, time served.

You are free to go, Ms. Reid.

Good luck.

Thank you so much.

Katie, oh.

Jess.

That's us in back, in the back.

I'm sorry, partner.

No, it's all right, it's perfect.

It's my month in a nutshell-- all promise and no payoff.

Chicken or feathers, baby, chicken or feathers.

Now it's Between the Sheets

charging on the outside, moving up fast.

Nick, that's us on the outside. Look at him.

That's us on the outside. Look at him, look at him.

Get in there, get her up there!

Oh, Nick, she's getting up there, get her up there!

We're gonna win, baby, oh, we're gonna win baby...

Aw, come on, really?

Bartender!

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