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1
00:00:06,027 --> 00:00:08,654
Deborah Glass. I did not call her, Adam.
2
00:00:08,738 --> 00:00:12,074
Suarez took me off the Scott Glass case.
3
00:00:12,158 --> 00:00:13,409
Ambition can be costly.
4
00:00:13,492 --> 00:00:14,744
Fuck you, Haller.
5
00:00:14,827 --> 00:00:17,747
What else did you learn
from your meeting with Trina Rafferty?
6
00:00:17,830 --> 00:00:20,041
Gloria admitted to her
that she planted the gun.
7
00:00:20,124 --> 00:00:21,333
Objection, hearsay.
8
00:00:21,417 --> 00:00:24,503
On the orders of a DEA agent
named James De Marco.
9
00:00:24,587 --> 00:00:26,213
[De Marco] Your investigator and his wife.
10
00:00:26,297 --> 00:00:29,008
If they wanna know about me,
they should just come and ask.
11
00:00:29,091 --> 00:00:30,176
I'm right here.
12
00:00:30,259 --> 00:00:33,095
We have a new piece of evidence
against De Marco, and it's big.
13
00:00:33,179 --> 00:00:34,430
Bingo.
14
00:00:34,513 --> 00:00:36,474
I will allow Agent De Marco to testify.
15
00:00:36,557 --> 00:00:38,601
I'm keeping you on a very short leash.
16
00:00:38,684 --> 00:00:42,063
[Mickey] Gloria received this subpoena
on the evening of August 3rd.
17
00:00:42,146 --> 00:00:44,273
Forty-one minutes later,
she made that call.
18
00:00:44,356 --> 00:00:46,150
Would you mind dialing the number?
19
00:00:46,233 --> 00:00:48,319
[secretary]
Drug Enforcement Administration.
20
00:00:48,402 --> 00:00:50,196
What about this man wearing a hat?
21
00:00:50,279 --> 00:00:52,156
[Hensley] I think
this man was following her.
22
00:00:52,239 --> 00:00:54,408
The man in the hat was Neil Bishop.
23
00:00:54,492 --> 00:00:56,744
Guy who gave you the coke,
any idea who he was?
24
00:00:56,827 --> 00:01:00,456
Said his name was Hector something.
Uh, Moya?
25
00:01:00,539 --> 00:01:03,667
I'm no rat, Mickey. You know that.
This guy could come after me.
26
00:01:03,751 --> 00:01:06,212
-What if I'm not looking for a drink?
-Parking lot.
27
00:01:07,046 --> 00:01:09,799
James De Marco.
You're under his thumb, right?
28
00:01:09,882 --> 00:01:11,092
-[Eddie] Mr. Haller?
-What?
29
00:01:11,634 --> 00:01:13,135
-[loud crash]
-[Eddie yelps]
30
00:01:13,219 --> 00:01:18,015
If there's one thing I've learned,
you gotta let the ghosts go,
31
00:01:18,099 --> 00:01:20,017
or they will drag you under,
32
00:01:20,101 --> 00:01:22,645
and you'll never
be the lawyer you need to be.
33
00:01:22,728 --> 00:01:24,688
We can't waste more time.
We gotta get him out.
34
00:01:24,772 --> 00:01:26,107
He can't take any more.
35
00:01:27,191 --> 00:01:28,192
[chains clink]
36
00:01:29,652 --> 00:01:31,028
-[blade swooshes]
-[inmate grunts]
37
00:01:31,112 --> 00:01:32,780
[dramatic music playing]
38
00:01:32,863 --> 00:01:33,948
[music ends]
39
00:01:41,872 --> 00:01:44,041
[vibrant music playing]
40
00:01:44,125 --> 00:01:46,168
[water bubbling rapidly]
41
00:01:51,382 --> 00:01:54,802
♪ Walked in the joint
and there was hell to pay ♪
42
00:01:56,053 --> 00:01:59,056
♪ Just lookin' around
It looked like judgment day ♪
43
00:01:59,557 --> 00:02:01,976
♪ Every man I ever owed was in-- ♪
44
00:02:02,059 --> 00:02:04,311
-[music stops abruptly]
-[mutters in Spanish]
45
00:02:10,651 --> 00:02:12,862
[phone rings]
46
00:02:15,531 --> 00:02:16,365
Hello?
47
00:02:16,907 --> 00:02:17,992
Yeah, this is him.
48
00:02:19,618 --> 00:02:23,164
Wait, what? What are you talking about?
When did this happen?
49
00:02:23,998 --> 00:02:25,124
I'm on my way.
50
00:02:25,207 --> 00:02:27,209
[suspenseful music playing]
51
00:02:27,960 --> 00:02:30,421
[Mickey] Julian's in the hospital.
He was attacked by an inmate.
52
00:02:30,504 --> 00:02:32,673
-Holy shit.
-Oh my God. Attacked how?
53
00:02:32,756 --> 00:02:35,676
All I know is he was stabbed
during the transfer from county.
54
00:02:35,759 --> 00:02:38,762
Wait, how does this happen?
Don't they have, like, guards guarding?
55
00:02:38,846 --> 00:02:41,724
If someone wants you in jail,
they'll get you. How bad is it?
56
00:02:42,308 --> 00:02:44,894
I don't know yet.
I'm on my way to the hospital right now.
57
00:02:44,977 --> 00:02:47,605
Lorna, call Judge Turner's clerk.
Tell them what happened.
58
00:02:47,688 --> 00:02:50,524
See if she'll postpone court
while I get more information.
59
00:02:50,608 --> 00:02:51,442
Will do.
60
00:02:51,525 --> 00:02:54,069
That will buy us time to think about
how to prevent a mistrial.
61
00:02:54,153 --> 00:02:55,988
Wait. A mistrial? What?
62
00:02:56,071 --> 00:02:58,449
Forsythe is going to move
for a mistrial right away.
63
00:02:58,532 --> 00:03:00,701
He knows we're landing with the jury,
64
00:03:00,784 --> 00:03:03,245
and he's going to use this
to try to get a do-over.
65
00:03:03,329 --> 00:03:06,040
That's what I'd do.
Cisco, find out who stabbed Julian.
66
00:03:06,123 --> 00:03:08,292
If there's any connection
to Bishop or De Marco.
67
00:03:08,375 --> 00:03:10,753
-I'm on it.
-You think De Marco's behind this?
68
00:03:10,836 --> 00:03:12,796
[Mickey] I can't prove it,
but it makes sense.
69
00:03:12,880 --> 00:03:15,507
If they take Julian out,
the whole case goes away.
70
00:03:16,133 --> 00:03:20,012
It means we have to start all over.
It means another year in jail for Julian.
71
00:03:20,095 --> 00:03:20,971
Oh my God.
72
00:03:21,055 --> 00:03:24,391
We can't let him get a mistrial.
Lorna, find some precedent.
73
00:03:24,475 --> 00:03:26,852
Trials that continued
without the defendant in court.
74
00:03:26,936 --> 00:03:29,188
If I don't leave now,
I'll be late for the McCrudden hearing,
75
00:03:29,271 --> 00:03:31,857
but we're setting a pretrial,
so it won't take long.
76
00:03:31,941 --> 00:03:35,819
Meet me in Judge Turner's courtroom.
Try to have something to say to her.
77
00:03:35,903 --> 00:03:36,987
Yep, got it.
78
00:03:37,071 --> 00:03:40,199
Izzy, meet me at the hospital.
I can't stay long. I need you there.
79
00:03:40,783 --> 00:03:41,742
I'm on my way.
80
00:03:41,825 --> 00:03:43,160
All right, I'll see you soon.
81
00:03:44,453 --> 00:03:45,412
[sighs heavily]
82
00:03:51,460 --> 00:03:52,962
-[horn beeps]
-[tires screech]
83
00:03:53,045 --> 00:03:55,464
-[Glory] Watch it.
-I see it, I see it.
84
00:03:55,547 --> 00:03:57,800
[Glory] Sure, that's what you always say,
85
00:03:57,883 --> 00:04:00,261
and then you end up with coffee
all over your tie.
86
00:04:02,554 --> 00:04:04,390
You took your eye off the ball.
87
00:04:05,891 --> 00:04:08,143
I covered every base I could think of.
88
00:04:08,644 --> 00:04:10,562
I moved him into protective housing.
89
00:04:10,646 --> 00:04:13,274
Even Hector Moya
said his guys would keep an eye on him.
90
00:04:13,357 --> 00:04:15,192
That's not what I'm talking about.
91
00:04:15,276 --> 00:04:18,737
If you had just told me the truth,
we wouldn't be in this mess.
92
00:04:18,821 --> 00:04:19,947
Ever think about that?
93
00:04:20,030 --> 00:04:21,907
I did what I had to do.
94
00:04:23,033 --> 00:04:24,410
You ever think about why?
95
00:04:25,703 --> 00:04:27,830
Why I felt like I couldn't tell you?
96
00:04:29,790 --> 00:04:30,749
[quietly] Yeah.
97
00:04:30,833 --> 00:04:32,668
It doesn't matter anymore, does it?
98
00:04:33,168 --> 00:04:35,546
The only thing that matters is,
what do I do now?
99
00:04:35,629 --> 00:04:37,840
You should be bringing down De Marco.
100
00:04:37,923 --> 00:04:39,425
I'm trying, Gloria.
101
00:04:39,508 --> 00:04:42,553
There's a process, you know?
There's rules we have to follow.
102
00:04:42,636 --> 00:04:43,721
[Glory] Fuck that.
103
00:04:43,804 --> 00:04:46,557
These assholes don't follow any rules.
104
00:04:46,640 --> 00:04:49,143
Somebody gets in their way,
and they kill them.
105
00:04:49,643 --> 00:04:51,562
And you're letting them get away with it.
106
00:04:51,645 --> 00:04:53,147
[poignant music playing]
107
00:04:53,731 --> 00:04:55,691
I need you, Mickey Mantle.
108
00:04:56,608 --> 00:04:59,069
You gotta get a hit here,
do you understand?
109
00:04:59,737 --> 00:05:02,698
Don't let me be just
another story they tell, huh?
110
00:05:04,199 --> 00:05:07,536
Nail these fuckers… for me.
111
00:05:08,787 --> 00:05:11,206
[poignant music continues]
112
00:05:30,934 --> 00:05:31,810
[car horn beeps]
113
00:05:36,398 --> 00:05:38,400
[theme music playing]
114
00:05:50,829 --> 00:05:52,748
I'm very sorry, sir, but he's in custody.
115
00:05:52,831 --> 00:05:55,084
Somebody tried to kill him
and you're worried he'll escape?
116
00:05:55,167 --> 00:05:58,337
We have procedures to follow.
You're not listed as a next of kin, so--
117
00:05:58,420 --> 00:06:00,255
But it doesn't-- This is discriminatory!
118
00:06:00,339 --> 00:06:04,885
No. We treat all married couples the same,
regardless of sexual orientation.
119
00:06:04,968 --> 00:06:07,304
But you and the patient
are not married, Mr. Lyons.
120
00:06:07,388 --> 00:06:09,431
Excuse me, I'm the patient's lawyer.
121
00:06:09,515 --> 00:06:12,476
I'm sure you understand
Mr. Lyons is just worried about him.
122
00:06:12,559 --> 00:06:16,230
Yes. I promise someone will let you know
as soon as we have any update.
123
00:06:16,313 --> 00:06:20,150
Right now, all I can tell you is that
Mr. La Cosse is still in surgery.
124
00:06:20,234 --> 00:06:22,027
If you would please both take a seat.
125
00:06:22,111 --> 00:06:24,738
Of course. Thank you for your help.
Thank you. Come on.
126
00:06:26,073 --> 00:06:26,907
This is insane.
127
00:06:26,990 --> 00:06:28,700
They're just doing their jobs, David.
128
00:06:28,784 --> 00:06:34,623
No. How could somebody stab Julian
and… and nobody be around to stop it?
129
00:06:36,417 --> 00:06:38,752
Mickey, he could have died.
130
00:06:38,836 --> 00:06:40,796
Okay? He could still die. Julian…
131
00:06:42,005 --> 00:06:45,217
-Do you understand?
-Yes. I'm gonna get to the bottom of it.
132
00:06:45,300 --> 00:06:47,094
I have people looking into it.
133
00:06:48,929 --> 00:06:50,848
You know,
you said you could keep him safe.
134
00:06:51,974 --> 00:06:53,225
And now look where we are.
135
00:07:02,359 --> 00:07:05,654
[judge] Case number BA72539.
136
00:07:05,737 --> 00:07:07,489
People versus McCrudden.
137
00:07:07,573 --> 00:07:09,825
[indistinct chatter]
138
00:07:09,908 --> 00:07:12,578
[judge] BA72539.
139
00:07:13,078 --> 00:07:14,204
Is counsel here?
140
00:07:14,288 --> 00:07:16,748
[background chatter continues]
141
00:07:18,500 --> 00:07:22,171
[judge] Last chance. BA72539.
142
00:07:22,796 --> 00:07:25,424
Going once. Going twice.
143
00:07:25,507 --> 00:07:28,218
Uh, Your Honor,
I see counsel in the courtroom.
144
00:07:28,302 --> 00:07:30,053
-If you'll give me a moment?
-[judge] Please.
145
00:07:30,137 --> 00:07:32,347
Take all the time in the world,
Miss Freemann.
146
00:07:32,431 --> 00:07:35,142
It's not like the rest of us
have anything better to do.
147
00:07:36,351 --> 00:07:38,270
Lorna. Lorna.
148
00:07:38,854 --> 00:07:40,063
-Lorna!
-[Lorna gasps]
149
00:07:40,147 --> 00:07:41,523
Oh shit.
150
00:07:41,607 --> 00:07:43,734
Sorry, I was in the zone.
Did they call my case?
151
00:07:43,817 --> 00:07:44,818
Yes. Three times.
152
00:07:44,902 --> 00:07:45,986
[Lorna groans]
153
00:07:47,029 --> 00:07:48,697
-Everything all right?
-Not really.
154
00:07:48,780 --> 00:07:50,365
Somebody stabbed Julian La Cosse.
155
00:07:50,449 --> 00:07:52,451
I have to argue
in front of that judge next.
156
00:07:52,534 --> 00:07:54,495
Oh my God. I'm so sorry.
157
00:07:54,578 --> 00:07:56,622
It's okay. Thank you for coming to get me.
158
00:07:56,705 --> 00:07:59,291
-Yeah.
-What are you doing here, anyway?
159
00:07:59,374 --> 00:08:01,293
[gasps] Are you on calendar duty?
160
00:08:01,376 --> 00:08:02,544
Unfortunately.
161
00:08:02,628 --> 00:08:04,922
It's a long and depressing story.
162
00:08:05,005 --> 00:08:08,383
Anyway, I really am sorry
about your client.
163
00:08:08,467 --> 00:08:10,844
Let me know if there's anything
I can do to help.
164
00:08:11,345 --> 00:08:14,181
Wanna drop these charges
so I can get out of here?
165
00:08:14,264 --> 00:08:15,891
-I'm not that sorry.
-[judge] Counsel.
166
00:08:15,974 --> 00:08:17,518
Come on. Let's get this over with.
167
00:08:18,143 --> 00:08:20,145
[upbeat music playing]
168
00:08:22,564 --> 00:08:25,192
Excuse me. Watch out. Excuse me!
169
00:08:26,193 --> 00:08:28,195
[music continues]
170
00:08:42,084 --> 00:08:44,086
[music fades]
171
00:08:44,753 --> 00:08:45,837
[officer] Cisco.
172
00:08:45,921 --> 00:08:48,173
I can't tell you shit, okay, man?
173
00:08:48,257 --> 00:08:51,301
Guy stabs another prisoner,
and you wanna protect his privacy?
174
00:08:51,385 --> 00:08:53,470
No. I wanna keep my job.
175
00:08:53,554 --> 00:08:55,722
Besides, I wasn't on duty last night.
176
00:08:55,806 --> 00:08:58,100
As if you're not all talking about this.
177
00:08:58,183 --> 00:09:01,186
And you sit here,
pretending you haven't heard his name
178
00:09:01,270 --> 00:09:03,105
twenty times in the last hour?
179
00:09:03,188 --> 00:09:04,648
What's your point?
180
00:09:05,524 --> 00:09:07,526
[tense music playing]
181
00:09:11,613 --> 00:09:15,158
My job is to find out information,
one way or another.
182
00:09:15,826 --> 00:09:17,661
I either figure out the carrot,
183
00:09:18,620 --> 00:09:19,997
or I figure out the stick.
184
00:09:21,248 --> 00:09:22,958
I don't have time for that now
185
00:09:23,458 --> 00:09:26,420
because we got a client
who might not see tomorrow.
186
00:09:27,713 --> 00:09:31,174
So I am appealing
to your basic humanity, Ramon.
187
00:09:32,134 --> 00:09:34,219
And I very graciously ask you
188
00:09:35,637 --> 00:09:37,222
to give me a fucking name.
189
00:09:41,268 --> 00:09:42,769
[music fades]
190
00:09:46,565 --> 00:09:48,609
[Eddie] You're doing that thing again,
Mr. Haller.
191
00:09:49,109 --> 00:09:50,444
Which thing is that?
192
00:09:50,527 --> 00:09:52,946
[Eddie] Where you blame yourself
for everything that happens
193
00:09:53,030 --> 00:09:54,573
to the other people in your life.
194
00:09:56,033 --> 00:09:56,992
Is that right?
195
00:09:58,410 --> 00:10:02,497
You know, the Buddhists say
that however much the first arrow hurts,
196
00:10:02,581 --> 00:10:06,585
the pain from the second arrow
is always exponentially worse.
197
00:10:07,252 --> 00:10:08,920
What's the second arrow?
198
00:10:09,546 --> 00:10:12,174
The second arrow
is the one you shoot yourself with
199
00:10:12,257 --> 00:10:14,468
to punish yourself for the first one.
200
00:10:15,385 --> 00:10:17,220
Did you get that from your LeBron app?
201
00:10:17,304 --> 00:10:18,555
[Eddie chuckles]
202
00:10:22,100 --> 00:10:24,102
This isn't your fault, Mr. Haller.
203
00:10:25,187 --> 00:10:26,855
Neither is what happened to me.
204
00:10:29,399 --> 00:10:30,275
[Mickey mutters]
205
00:10:30,359 --> 00:10:32,027
I wish I could believe that.
206
00:10:34,071 --> 00:10:37,449
For so long, Maggie's been telling me
the way I do things is too dangerous,
207
00:10:37,532 --> 00:10:40,077
and one day,
it's going to catch up with me.
208
00:10:41,411 --> 00:10:43,372
Only it didn't catch up with me, did it?
209
00:10:44,998 --> 00:10:46,249
It caught up with you.
210
00:10:48,043 --> 00:10:51,630
You're spending too much
of your time and energy feeling guilty
211
00:10:51,713 --> 00:10:54,883
and not enough time figuring out
how to win this case.
212
00:10:55,926 --> 00:10:57,719
Focus, Mr. Haller.
213
00:10:59,221 --> 00:11:01,056
And don't forget to wear your seat belt.
214
00:11:01,682 --> 00:11:03,809
[contemplative music playing]
215
00:11:13,902 --> 00:11:15,904
[music fades]
216
00:11:18,407 --> 00:11:21,076
-[phone bleeps]
-[suspenseful music playing]
217
00:11:38,427 --> 00:11:41,304
Well, you may as well come in with us.
218
00:11:43,014 --> 00:11:43,890
Yeah, okay.
219
00:11:52,315 --> 00:11:54,359
[music fades]
220
00:11:56,987 --> 00:12:01,533
Your Honor, I don't mean to be callous,
but from what I hear, it's touch and go.
221
00:12:01,616 --> 00:12:04,161
And with all due respect,
I think there's no other option
222
00:12:04,244 --> 00:12:05,704
but to declare a mistrial.
223
00:12:05,787 --> 00:12:08,165
Well, the court feels so blessed
224
00:12:08,248 --> 00:12:10,959
that you're here to explain its options,
Mr. Forsythe.
225
00:12:11,042 --> 00:12:14,004
Your Honor, the defense
strenuously objects to a mistrial.
226
00:12:14,087 --> 00:12:17,257
Until we know more about
Mr. La Cosse's condition, it's premature.
227
00:12:17,340 --> 00:12:21,553
Premature? Your Honor,
even if Mr. La Cosse survives,
228
00:12:21,636 --> 00:12:23,555
who knows how long he needs to recover?
229
00:12:23,638 --> 00:12:26,099
Are we just gonna
hold the jury indefinitely?
230
00:12:26,183 --> 00:12:28,894
Judge, I can't say for sure,
but I also think
231
00:12:28,977 --> 00:12:31,563
that it's possible
that whoever stabbed my client
232
00:12:31,646 --> 00:12:33,482
was trying to get a mistrial.
233
00:12:33,565 --> 00:12:35,650
What? Bullshit.
234
00:12:35,734 --> 00:12:39,404
Mr. Bishop, you will mind yourself
in my chambers, understood?
235
00:12:39,488 --> 00:12:40,989
I'm sorry, Your Honor.
236
00:12:41,072 --> 00:12:43,992
But every indication is that
this was likely a hate crime.
237
00:12:44,075 --> 00:12:46,411
Mr. La Cosse is gay.
238
00:12:46,495 --> 00:12:49,456
Unfortunately, you're dealing
with all kinds of inmates in county.
239
00:12:49,539 --> 00:12:52,000
It doesn't take much
to set one of them off.
240
00:12:52,083 --> 00:12:55,045
Do we have any information yet
as to who the assailant was?
241
00:12:55,128 --> 00:12:58,590
Not at this time, Your Honor.
I'm trying to ascertain that.
242
00:12:59,257 --> 00:13:02,969
Impolitic delivery aside, Mr. Haller,
I'm afraid the larger point stands.
243
00:13:03,470 --> 00:13:06,139
There is only so much time
the court can afford to wait.
244
00:13:06,223 --> 00:13:07,808
Maybe we don't have to, Your Honor.
245
00:13:07,891 --> 00:13:11,228
I've been in the hospital all morning,
so with the court's permission,
246
00:13:11,311 --> 00:13:15,023
I'll turn it over to my cocounsel,
Ms. Crane, who can speak to this point.
247
00:13:19,361 --> 00:13:20,862
May it please the court.
248
00:13:20,946 --> 00:13:24,449
It would be the height of prejudice
to declare a mistrial at this time,
249
00:13:24,533 --> 00:13:28,537
not only to Mr. La Cosse
but to the taxpayers of Los Angeles,
250
00:13:28,620 --> 00:13:31,414
who have spent a small fortune
on this case already.
251
00:13:31,498 --> 00:13:36,086
Mr. La Cosse has also spent a substantial
amount of money mounting a defense,
252
00:13:36,169 --> 00:13:40,298
not to mention the enormous physical toll
incarceration has taken on him.
253
00:13:40,382 --> 00:13:43,677
But perhaps most importantly, Your Honor,
Mr. Forsythe and his team
254
00:13:43,760 --> 00:13:46,638
are now privy to the defense's
carefully constructed strategy,
255
00:13:46,721 --> 00:13:49,808
and starting again would give him
an unfair advantage in a new trial.
256
00:13:49,891 --> 00:13:52,394
No more unfair than the advantage
the defense would have
257
00:13:52,477 --> 00:13:54,980
because they have also seen our strategy.
258
00:13:55,063 --> 00:13:57,274
Luckily, we have a remedy
for that situation.
259
00:13:57,357 --> 00:14:01,361
Rule 43 of the Federal Rules
of Criminal Procedure clearly states
260
00:14:01,444 --> 00:14:04,573
that it is possible
for a defendant to be tried in absentia.
261
00:14:04,656 --> 00:14:07,284
While it might often be used
due to some egregious behavior
262
00:14:07,367 --> 00:14:08,618
or the defendant's choice,
263
00:14:08,702 --> 00:14:11,788
there is nothing that precludes us
from applying that rule here.
264
00:14:11,872 --> 00:14:14,875
Sure, and Section 977
of the California Penal Code,
265
00:14:14,958 --> 00:14:17,836
which is what actually
governs trials in this state,
266
00:14:17,919 --> 00:14:20,964
says that the defendant
must be personally present at trial
267
00:14:21,047 --> 00:14:24,509
unless they explicitly
waive that right in writing,
268
00:14:24,593 --> 00:14:27,888
which, obviously,
Mr. La Cosse is in no position to do.
269
00:14:27,971 --> 00:14:32,767
Well, here are cases from jurisdictions,
including California,
270
00:14:32,851 --> 00:14:35,478
where trials have continued
without the defendant present.
271
00:14:35,562 --> 00:14:37,647
Your Honor,
regardless of what these cases say,
272
00:14:37,731 --> 00:14:41,735
continuing this trial while
Mr. La Cosse is in the operating room
273
00:14:41,818 --> 00:14:45,488
is all but granting
an automatic do-over to the defense
274
00:14:45,572 --> 00:14:46,907
in the event of a conviction.
275
00:14:46,990 --> 00:14:49,576
Which is exactly
what granting a mistrial at this juncture
276
00:14:49,659 --> 00:14:52,162
would do for the prosecution,
respectfully.
277
00:14:54,539 --> 00:14:57,250
[judge] Well,
it seems we are at an impasse.
278
00:14:57,334 --> 00:15:00,921
You both made very strong arguments,
which I will take under advisement,
279
00:15:01,004 --> 00:15:03,715
and I will have a ruling for you
after lunch.
280
00:15:03,798 --> 00:15:07,302
Now, if you don't mind, I would like
to enjoy the rest of my tea in peace.
281
00:15:07,385 --> 00:15:09,679
-[Forsythe] Thank you, Your Honor.
-Thank you, Your Honor.
282
00:15:14,517 --> 00:15:16,061
[Bishop sighs]
283
00:15:17,479 --> 00:15:19,564
You couldn't have worn a clean tie.
284
00:15:26,613 --> 00:15:27,447
David?
285
00:15:29,449 --> 00:15:31,201
You're Mr. La Cosse's family?
286
00:15:31,284 --> 00:15:32,118
Yes.
287
00:15:32,619 --> 00:15:36,206
Well, the good news is he's alive,
but he is still in surgery.
288
00:15:36,289 --> 00:15:37,165
How bad is it?
289
00:15:37,248 --> 00:15:39,501
It was more complicated
than we anticipated.
290
00:15:39,584 --> 00:15:41,211
He lost a lot of blood.
291
00:15:41,294 --> 00:15:43,672
He also had severe lacerations
to one of his kidneys.
292
00:15:43,755 --> 00:15:45,882
Unfortunately, we had to remove it.
293
00:15:45,966 --> 00:15:46,925
Jesus.
294
00:15:47,008 --> 00:15:49,344
His heart stopped at one point,
but we got him back
295
00:15:49,427 --> 00:15:51,721
to a stable enough place
where we can proceed.
296
00:15:51,805 --> 00:15:53,014
Is he gonna make it?
297
00:15:53,640 --> 00:15:56,643
It's hard to say right now,
but we're doing everything we can.
298
00:15:56,726 --> 00:15:59,854
I'll find you as soon as
there's any more information.
299
00:16:00,397 --> 00:16:02,440
Thank you, Doctor. We appreciate it.
300
00:16:02,941 --> 00:16:03,858
Thank you.
301
00:16:05,110 --> 00:16:07,529
[emotional music playing]
302
00:16:11,950 --> 00:16:13,410
Julian's a fighter, David.
303
00:16:13,493 --> 00:16:16,204
[sighs] He's so weak
from all this time in jail.
304
00:16:16,287 --> 00:16:19,207
-I'm just not sure he still has it in him.
-He has you.
305
00:16:20,375 --> 00:16:21,751
He knows you're here waiting.
306
00:16:21,835 --> 00:16:23,795
Yeah. Does he?
307
00:16:28,550 --> 00:16:30,552
[music fades]
308
00:16:33,972 --> 00:16:36,558
[phone ringing]
309
00:16:40,812 --> 00:16:42,022
Cisco, what do you know?
310
00:16:42,105 --> 00:16:45,900
The guy who stabbed Julian
is named Lalo Vasquez.
311
00:16:46,443 --> 00:16:49,487
He's in on a murder charge.
Don't have any other details yet.
312
00:16:49,571 --> 00:16:51,906
He has to be connected to De Marco.
313
00:16:51,990 --> 00:16:54,743
I don't know how,
but the whole case might depend on him.
314
00:16:54,826 --> 00:16:56,745
If there's something there, I'll find it.
315
00:16:56,828 --> 00:16:58,079
Might just take some time.
316
00:16:58,163 --> 00:17:00,707
-I'll call you when I know anything.
-All right.
317
00:17:03,877 --> 00:17:05,712
[sighs heavily]
318
00:17:05,795 --> 00:17:07,797
[emotional music playing]
319
00:17:10,216 --> 00:17:12,802
[breathes deeply]
320
00:17:17,432 --> 00:17:18,850
[Andrea] Is this seat taken?
321
00:17:18,933 --> 00:17:20,351
[music fades]
322
00:17:23,396 --> 00:17:24,230
It is now.
323
00:17:28,359 --> 00:17:29,444
How did you find me?
324
00:17:29,944 --> 00:17:31,654
Lorna told me where you were.
325
00:17:33,865 --> 00:17:35,533
I'm sorry about your client.
326
00:17:36,659 --> 00:17:38,036
Is he gonna be okay?
327
00:17:39,788 --> 00:17:40,872
We don't know yet.
328
00:17:42,707 --> 00:17:45,919
I was this close
to winning this thing, Andy.
329
00:17:46,419 --> 00:17:48,588
I gotta believe that's why they did it.
330
00:17:50,507 --> 00:17:52,550
Is there any evidence of that?
331
00:17:53,134 --> 00:17:56,888
Cisco's looking into it,
but he's hitting the bureaucracy wall.
332
00:18:02,102 --> 00:18:03,103
-Listen.
-Look, I…
333
00:18:06,022 --> 00:18:08,149
I just wanna say sorry
about the other night.
334
00:18:08,233 --> 00:18:11,986
I was out of line.
I didn't think before opening my mouth.
335
00:18:13,363 --> 00:18:16,699
That may be true, but you were not wrong.
336
00:18:16,783 --> 00:18:18,743
That place is a snake pit.
337
00:18:19,369 --> 00:18:21,412
I should never have trusted Vanessa.
338
00:18:22,622 --> 00:18:23,832
[sighs] I don't know.
339
00:18:25,708 --> 00:18:28,253
Maybe I didn't wanna
keep that secret anymore.
340
00:18:31,131 --> 00:18:34,717
It's hard to hold
somebody's fate in your hands.
341
00:18:35,218 --> 00:18:39,305
Even when there's nothing you can do,
you still feel like it's your fault.
342
00:18:40,098 --> 00:18:44,185
Yeah, except there was something
I could have done and should have done.
343
00:18:44,269 --> 00:18:47,230
Andy, come on. Mistakes happen.
344
00:18:47,730 --> 00:18:49,065
You have to forgive yourself.
345
00:18:50,483 --> 00:18:52,735
Maybe you have to learn
to take your own advice.
346
00:18:54,070 --> 00:18:55,029
[chuckles softly]
347
00:18:56,364 --> 00:18:59,367
Lorna tells me that Suarez
put you on calendar duty.
348
00:19:00,618 --> 00:19:04,330
I want to poke my own eyes out
with a dull pencil.
349
00:19:05,415 --> 00:19:10,044
You'll get through this, and he'll realize
he's wasting one of his best people.
350
00:19:10,879 --> 00:19:12,005
Yeah, maybe.
351
00:19:19,262 --> 00:19:21,556
[poignant music playing]
352
00:19:21,639 --> 00:19:22,807
It's been nice, Andy.
353
00:19:26,436 --> 00:19:27,270
It has.
354
00:19:31,608 --> 00:19:32,692
[sighs]
355
00:19:32,775 --> 00:19:34,694
We both know it's not working out.
356
00:19:37,155 --> 00:19:40,366
Everything is way too complicated
for me right now.
357
00:19:40,950 --> 00:19:45,455
And I don't think either of us
are really good at… work-life balance.
358
00:19:47,123 --> 00:19:49,709
That's the real reason
I never let you leave a toothbrush.
359
00:19:51,002 --> 00:19:52,128
[chuckles softly]
360
00:19:56,591 --> 00:19:59,052
Maybe one of these days,
I'll figure it out, huh?
361
00:20:00,720 --> 00:20:01,554
You will.
362
00:20:02,931 --> 00:20:06,100
Believe it or not, Haller,
I have faith in you.
363
00:20:18,738 --> 00:20:20,114
Mickey, you gonna finish that?
364
00:20:23,993 --> 00:20:24,994
It's all yours.
365
00:20:30,792 --> 00:20:34,045
I should get back,
find out if I still have a trial or not.
366
00:20:35,004 --> 00:20:36,464
I'll cross my fingers.
367
00:20:58,194 --> 00:20:59,279
[music fades]
368
00:20:59,362 --> 00:21:00,780
Oh, good, we're all here.
369
00:21:01,948 --> 00:21:05,535
This is quite the dilemma,
and I regret the unfortunate circumstances
370
00:21:05,618 --> 00:21:07,245
that have led us here.
371
00:21:07,328 --> 00:21:10,373
The duty of the court is
to balance the interests of both parties
372
00:21:10,456 --> 00:21:12,417
with the requirements of the law.
373
00:21:12,500 --> 00:21:14,002
-Therefore, my--
-[knock at door]
374
00:21:14,085 --> 00:21:15,044
Yes?
375
00:21:15,128 --> 00:21:18,506
Excuse me, Judge.
There's an agent, James De Marco, here
376
00:21:18,589 --> 00:21:20,800
along with an attorney from the DEA.
377
00:21:20,883 --> 00:21:24,887
They say they were ordered to appear,
and I quote, "Their time is limited."
378
00:21:24,971 --> 00:21:27,265
[tense music playing]
379
00:21:27,348 --> 00:21:28,641
Thank you, Claire.
380
00:21:28,725 --> 00:21:32,937
Your Honor, given the difficulty we've had
in trying to serve Agent De Marco,
381
00:21:33,021 --> 00:21:35,356
the defense urges the court
to hear his testimony.
382
00:21:35,440 --> 00:21:39,277
[Forsythe] What? How? Your Honor,
we still have an absent defendant.
383
00:21:39,360 --> 00:21:41,571
While I understand
the court has already ruled
384
00:21:41,654 --> 00:21:44,741
on Agent De Marco appearing,
I still have strong reservations
385
00:21:44,824 --> 00:21:46,951
about the relevance of his testimony.
386
00:21:47,035 --> 00:21:48,411
[Mickey] That's perfect.
387
00:21:48,494 --> 00:21:51,914
We are stuck without a jury
while we wait to find out about my client.
388
00:21:51,998 --> 00:21:53,708
We can hear from Agent De Marco
389
00:21:53,791 --> 00:21:55,626
without the jury as an offer of proof.
390
00:21:55,710 --> 00:21:58,046
That way, even if we have to start over,
391
00:21:58,129 --> 00:22:01,382
the court can finally determine
if his testimony is relevant.
392
00:22:01,466 --> 00:22:03,760
Your Honor, this is highly irregular.
393
00:22:03,843 --> 00:22:06,596
I'm not even prepared
to question this witness.
394
00:22:06,679 --> 00:22:08,931
Why not?
There's been a subpoena issued for him.
395
00:22:09,015 --> 00:22:10,975
You just didn't think
he'd actually show up.
396
00:22:11,059 --> 00:22:12,810
Well, apparently, neither did you.
397
00:22:12,894 --> 00:22:16,105
This will save the court time
in the event of a retrial, Your Honor.
398
00:22:16,189 --> 00:22:19,317
It is a highly efficient use
of judicial resources.
399
00:22:21,986 --> 00:22:25,365
Well, my mother always said
to make hay while the sun shines.
400
00:22:25,448 --> 00:22:27,950
If the agent is here,
let's hear what he has to say.
401
00:22:28,034 --> 00:22:30,912
I will make my ruling
about the mistrial afterwards.
402
00:22:30,995 --> 00:22:33,206
-Thank you, Your Honor.
-[Forsythe] Thank you, Your Honor.
403
00:22:36,584 --> 00:22:40,588
Convenient De Marco shows up to testify
when there may not be a trial anymore.
404
00:22:40,671 --> 00:22:43,841
Ah, a little too convenient.
This guy thinks he's untouchable.
405
00:22:43,925 --> 00:22:46,594
So show him he's not.
Use the surveillance footage
406
00:22:46,677 --> 00:22:48,971
Cisco got from Sterghos's house
in the rebuttal.
407
00:22:49,055 --> 00:22:52,141
-Let him talk his way out of that.
-No, I can't. Not yet.
408
00:22:52,225 --> 00:22:53,267
But why?
409
00:22:53,351 --> 00:22:55,645
This guy thinks
he can get away with murder.
410
00:22:55,728 --> 00:22:58,398
And he's going to get away with it
if we're not smart.
411
00:22:58,481 --> 00:23:01,526
If we show him the video now,
and the judge grants a mistrial,
412
00:23:01,609 --> 00:23:04,070
we'll never get him back,
and the jury will not see it.
413
00:23:04,153 --> 00:23:05,947
Okay. But if you don't show the video,
414
00:23:06,030 --> 00:23:08,783
and Forsythe argues
that De Marco's testimony isn't relevant,
415
00:23:08,866 --> 00:23:10,118
we're not getting him back.
416
00:23:10,201 --> 00:23:12,829
Well, it's a risk we have to take.
Trust me, we wait.
417
00:23:12,912 --> 00:23:15,164
[sighs] Fine. Button your jacket.
418
00:23:19,252 --> 00:23:21,087
[Mickey] Good afternoon, Agent De Marco.
419
00:23:21,587 --> 00:23:23,047
Right back at you, Counselor.
420
00:23:23,965 --> 00:23:27,885
Can you tell us how long you've been
with the Drug Enforcement Administration?
421
00:23:28,469 --> 00:23:32,056
-It'll be 23 years in September.
-[Mickey] 23 years. That's a long time.
422
00:23:33,015 --> 00:23:35,518
And your primary focus
is on foreign drug cartels?
423
00:23:35,601 --> 00:23:38,396
I'd say the primary focus
of the entire agency
424
00:23:38,479 --> 00:23:39,856
is on foreign drug cartels.
425
00:23:40,648 --> 00:23:41,482
I'm sure.
426
00:23:42,400 --> 00:23:45,403
Now, in the course
of your investigations into the cartels,
427
00:23:45,486 --> 00:23:48,364
did you become aware
of a man named Hector Moya?
428
00:23:48,448 --> 00:23:49,949
[De Marco] I'm familiar with Mr. Moya.
429
00:23:50,616 --> 00:23:54,912
He's a shot caller for the Tijuana cartel.
Not exactly what you'd call a Boy Scout.
430
00:23:55,496 --> 00:23:57,665
And do you know where Mr. Moya is now?
431
00:23:58,374 --> 00:24:01,586
Serving a life sentence
in a federal penitentiary, last I heard.
432
00:24:01,669 --> 00:24:05,173
I see. Now, Agent De Marco,
can you please tell the court
433
00:24:05,256 --> 00:24:07,675
how you knew
the victim in this case, Gloria Dayton?
434
00:24:08,926 --> 00:24:10,136
I didn't know her.
435
00:24:10,219 --> 00:24:13,973
No? Because we've heard testimony
that she was your informant.
436
00:24:14,056 --> 00:24:15,475
Is that not true?
437
00:24:15,558 --> 00:24:17,310
It is not true. I never met her.
438
00:24:17,393 --> 00:24:20,438
So, she didn't call you
on August 3rd of last year
439
00:24:20,521 --> 00:24:23,733
to tell you she'd been served
in a lawsuit involving Hector Moya?
440
00:24:23,816 --> 00:24:27,570
Objection. Asked and answered,
Your Honor. Many times.
441
00:24:27,653 --> 00:24:28,988
Sustained.
442
00:24:29,071 --> 00:24:31,073
All right, let's go back to Mr. Moya.
443
00:24:31,157 --> 00:24:33,367
Do you know
how he ended up in federal prison?
444
00:24:33,868 --> 00:24:36,871
He was arrested by the police
here in Los Angeles
445
00:24:36,954 --> 00:24:39,999
in possession of a substantial amount
of cocaine and a firearm.
446
00:24:40,082 --> 00:24:42,835
As I recall, the gun was linked
to a murder somewhere.
447
00:24:42,919 --> 00:24:45,379
It was at that point
that my agency took over the case.
448
00:24:45,463 --> 00:24:50,593
Okay. And that gun enhancement
was what got him a life sentence?
449
00:24:50,676 --> 00:24:52,678
I believe so. Yes.
450
00:24:54,180 --> 00:24:56,307
Now, you're here today, Agent De Marco,
451
00:24:56,390 --> 00:24:59,393
because you received
a subpoena from me in this case.
452
00:24:59,477 --> 00:25:02,063
Did you ever receive a subpoena
from Mr. Moya's lawyers
453
00:25:02,146 --> 00:25:04,565
in a habeas action
to vacate his life sentence?
454
00:25:04,649 --> 00:25:05,816
It's possible.
455
00:25:06,484 --> 00:25:10,279
I get a lot of subpoenas.
The agency's lawyers handle most of them.
456
00:25:10,363 --> 00:25:12,907
Well, this one involved you directly.
457
00:25:12,990 --> 00:25:16,869
Mr. Moya is suing the federal government,
including your agency,
458
00:25:16,953 --> 00:25:19,288
alleging that you framed him
in that arrest.
459
00:25:19,372 --> 00:25:21,624
You're not aware of
Mr. Moya's habeas case?
460
00:25:22,250 --> 00:25:26,003
Mr. Moya is a desperate man.
And this is America.
461
00:25:26,087 --> 00:25:29,090
You can sue anybody for anything.
That doesn't make it true.
462
00:25:29,757 --> 00:25:32,969
The fact is, I had nothing to do
with Mr. Moya's arrest.
463
00:25:33,052 --> 00:25:35,846
The DEA wasn't even involved until later.
464
00:25:35,930 --> 00:25:36,847
Like most prisoners,
465
00:25:36,931 --> 00:25:40,142
Mr. Moya's just throwing stuff
against the wall to see if it'll stick.
466
00:25:40,226 --> 00:25:42,812
Very well.
Turning your attention to this case,
467
00:25:42,895 --> 00:25:45,106
are you familiar with my client,
Julian La Cosse?
468
00:25:45,189 --> 00:25:47,191
Any past experience with him?
469
00:25:47,775 --> 00:25:48,734
No.
470
00:25:48,818 --> 00:25:53,155
What about anybody else on this case?
Do you know the prosecutor, Mr. Forsythe?
471
00:25:53,739 --> 00:25:54,949
No, I do not.
472
00:25:55,032 --> 00:26:00,121
What about Mr. Forsythe's investigator,
Mr. Bishop? He's sitting right there.
473
00:26:01,330 --> 00:26:02,331
Do you know him?
474
00:26:02,415 --> 00:26:04,417
[tense music playing]
475
00:26:04,500 --> 00:26:06,794
I do. A little bit.
476
00:26:07,545 --> 00:26:10,047
Uh, we go back ten years, maybe.
477
00:26:11,674 --> 00:26:12,592
How's that?
478
00:26:13,509 --> 00:26:15,678
[De Marco] He was with the LAPD
at the time.
479
00:26:15,761 --> 00:26:18,222
We crossed paths
on a double murder in the Valley.
480
00:26:18,306 --> 00:26:20,099
There was suspected cartel involvement,
481
00:26:20,182 --> 00:26:22,935
so the police asked the DEA
to consult on the case.
482
00:26:23,019 --> 00:26:26,981
I see. And have you seen or spoken
with Mr. Bishop since that time?
483
00:26:27,898 --> 00:26:29,108
No.
484
00:26:29,191 --> 00:26:31,777
So you haven't consulted with him
about this case?
485
00:26:33,195 --> 00:26:34,071
No.
486
00:26:34,155 --> 00:26:37,408
Have you consulted with anyone else
about this case?
487
00:26:37,491 --> 00:26:40,536
I never heard about this case
until you served me with the subpoena.
488
00:26:40,620 --> 00:26:42,788
So, no. The answer is no.
489
00:26:45,249 --> 00:26:46,083
Okay.
490
00:26:58,054 --> 00:27:02,141
So, going back to the double murder
where you met Mr. Bishop,
491
00:27:02,224 --> 00:27:05,895
did this murder take place
on Montgomery Avenue in Lake Balboa?
492
00:27:09,148 --> 00:27:14,195
I don't recall.
It was ten years ago. Like I said.
493
00:27:14,278 --> 00:27:17,073
And are you familiar
with the name Peter Sterghos?
494
00:27:17,657 --> 00:27:19,575
[Forsythe] Objection. May we approach?
495
00:27:22,662 --> 00:27:26,290
Your Honor, you have already ruled
against Peter Sterghos, whoever he is,
496
00:27:26,374 --> 00:27:28,167
being included as a witness.
497
00:27:28,250 --> 00:27:31,170
Mr. Haller is apparently trying
to circumvent that ruling.
498
00:27:31,253 --> 00:27:33,714
I'm trying to establish
whether this witness knew
499
00:27:33,798 --> 00:27:36,092
that Peter Sterghos
was on our witness list.
500
00:27:36,175 --> 00:27:39,053
He said he's had no contact
with anyone involved in this case.
501
00:27:39,136 --> 00:27:41,514
I'll be introducing evidence
to the contrary.
502
00:27:41,597 --> 00:27:45,142
There's no evidence. This is a sideshow.
In light of an impending mistrial--
503
00:27:45,226 --> 00:27:48,479
I will decide whether there will be
a mistrial, Mr. Forsythe, not you.
504
00:27:49,397 --> 00:27:52,066
Mr. Haller, please, wrap it up.
505
00:27:52,775 --> 00:27:53,734
Yes, Your Honor.
506
00:27:56,028 --> 00:27:58,155
Now, Agent De Marco,
507
00:27:58,239 --> 00:28:02,576
did anyone tell you that Peter Sterghos
was a potential witness in this case?
508
00:28:03,160 --> 00:28:05,579
No. I don't know that name.
509
00:28:05,663 --> 00:28:10,710
Okay. Then can you tell the court where
you were last Friday night, May 17th?
510
00:28:12,878 --> 00:28:15,172
I was at an all-night stakeout.
511
00:28:15,965 --> 00:28:17,591
My partner can verify that.
512
00:28:18,092 --> 00:28:21,721
[Mickey] And was this stakeout
on Montgomery Avenue in Lake Balboa?
513
00:28:23,389 --> 00:28:27,393
I'm afraid I'm not at liberty to discuss
ongoing confidential investigations.
514
00:28:27,476 --> 00:28:29,437
Your Honor, I must object again.
515
00:28:29,520 --> 00:28:33,524
Why are we asking questions about
random addresses and random evenings
516
00:28:33,607 --> 00:28:35,359
that have no bearing on this case?
517
00:28:35,443 --> 00:28:36,485
Sustained.
518
00:28:37,069 --> 00:28:39,238
Mr. Haller,
anything else for this witness?
519
00:28:45,286 --> 00:28:47,288
No, Your Honor. Not at this time.
520
00:28:48,789 --> 00:28:50,416
Mr. Forsythe, any questions?
521
00:28:51,167 --> 00:28:52,001
No, Your Honor.
522
00:28:52,585 --> 00:28:55,129
Very well.
Agent De Marco, you're free to go.
523
00:28:55,212 --> 00:28:57,923
-The court thanks you for your time.
-Of course, Your Honor.
524
00:29:07,933 --> 00:29:10,811
-He's lying through his teeth.
-Well, he's pretty good at it.
525
00:29:11,395 --> 00:29:12,772
[hushed chatter]
526
00:29:25,451 --> 00:29:28,204
Your Honor, the People
once again renew our objection
527
00:29:28,287 --> 00:29:29,872
to Agent De Marco's testimony.
528
00:29:29,955 --> 00:29:32,041
None of which was in any way relevant.
529
00:29:32,124 --> 00:29:33,626
And in the event of a new trial,
530
00:29:33,709 --> 00:29:36,128
we would ask that he be struck
from the witness list.
531
00:29:36,712 --> 00:29:38,839
So noted, Mr. Forsythe.
532
00:29:38,923 --> 00:29:42,051
Mr. Haller, do you have anything to add
before I make my ruling?
533
00:29:49,642 --> 00:29:51,435
-Your Honor, I--
-[phone vibrates]
534
00:29:51,519 --> 00:29:53,771
Your Honor, this is the hospital calling.
535
00:29:53,854 --> 00:29:57,650
Before we argue further, can I please
have ten minutes to take this call?
536
00:29:58,317 --> 00:29:59,985
You may have five, Mr. Haller.
537
00:30:00,069 --> 00:30:00,986
Thank you.
538
00:30:05,699 --> 00:30:06,867
Izzy, I need an update.
539
00:30:07,451 --> 00:30:10,079
Julian just got out of surgery.
He made it.
540
00:30:11,288 --> 00:30:12,206
Barely.
541
00:30:13,123 --> 00:30:14,041
David's in with him.
542
00:30:14,625 --> 00:30:16,669
-How is he?
-It's touch and go.
543
00:30:16,752 --> 00:30:19,213
The doctors say the next few hours
will tell the story.
544
00:30:19,296 --> 00:30:20,965
But you're telling me he's awake?
545
00:30:21,799 --> 00:30:25,302
What? I… I just told you
that he barely survived the surgery.
546
00:30:25,386 --> 00:30:26,428
He's still unconscious.
547
00:30:26,512 --> 00:30:29,390
Izzy, I need you to tell me
that Julian is awake.
548
00:30:31,141 --> 00:30:32,852
Um…
549
00:30:34,186 --> 00:30:36,355
[quietly] Mickey, Julian is awake.
550
00:30:36,438 --> 00:30:37,690
Thank you.
551
00:30:38,732 --> 00:30:40,693
[line beeps]
552
00:30:41,610 --> 00:30:44,363
Your Honor, I've just been told
that my client is awake.
553
00:30:44,446 --> 00:30:45,281
What?
554
00:30:45,364 --> 00:30:49,285
With the court's permission, I ask you
to please delay any ruling on a mistrial
555
00:30:49,368 --> 00:30:50,703
until I speak to him.
556
00:30:50,786 --> 00:30:51,620
Your Honor, if--
557
00:30:51,704 --> 00:30:54,748
[Mickey] I understand
the People's frustrations and the court's,
558
00:30:54,832 --> 00:30:57,793
but I don't know how long
my client will be in a position to talk.
559
00:30:57,877 --> 00:30:59,295
Time is of the essence here.
560
00:31:02,214 --> 00:31:05,175
Okay, then.
We will take a 90-minute recess.
561
00:31:05,259 --> 00:31:08,220
I want everyone back here at 3:30 sharp.
562
00:31:08,304 --> 00:31:09,638
Thank you, Your Honor.
563
00:31:09,722 --> 00:31:11,307
-[Mickey whispers]
-Okay.
564
00:31:17,771 --> 00:31:19,231
[sighs]
565
00:31:20,441 --> 00:31:21,775
I know what you're gonna say.
566
00:31:25,029 --> 00:31:27,239
Oh yeah? Do tell.
567
00:31:27,323 --> 00:31:30,034
You're gonna tell me
what you'd do in this situation.
568
00:31:30,117 --> 00:31:33,454
Well, I know I wasn't
the best father in the world,
569
00:31:33,537 --> 00:31:35,706
but I was a very good lawyer.
570
00:31:36,373 --> 00:31:38,334
Just makes sense you'd wanna emulate me.
571
00:31:38,417 --> 00:31:39,919
Is that what you think I'm doing?
572
00:31:40,002 --> 00:31:42,588
I don't know.
Whose class ring are you wearing?
573
00:31:46,091 --> 00:31:48,761
You bent every rule there was to bend.
574
00:31:48,844 --> 00:31:51,889
-And you don't?
-I'm talking about outside the courtroom.
575
00:31:53,307 --> 00:31:55,726
I do things my way, not yours, okay?
576
00:31:56,602 --> 00:31:58,979
Legal is there
if I ever need another point of view.
577
00:31:59,063 --> 00:32:00,230
[Mickey Sr.] Of course he is.
578
00:32:00,731 --> 00:32:03,901
Legal always loved to push the envelope
from the safety of his desk,
579
00:32:03,984 --> 00:32:07,821
but I was the one who was out there
actually doing the dirty work.
580
00:32:08,489 --> 00:32:12,868
The truth is he wished
he was as good as I was, just like you do.
581
00:32:13,869 --> 00:32:14,870
[scoffs quietly]
582
00:32:15,454 --> 00:32:17,373
You don't think I'm as good as you?
583
00:32:18,082 --> 00:32:19,833
[Mickey Sr.] I think
we're about to find out.
584
00:32:21,293 --> 00:32:23,379
It's a delicate decision you have to make.
585
00:32:24,171 --> 00:32:26,799
The kind of decision
other lawyers might run away from.
586
00:32:26,882 --> 00:32:29,635
The question is whether you will too.
587
00:32:31,512 --> 00:32:34,306
Because if you really wanna be
as good as I was,
588
00:32:35,599 --> 00:32:37,768
better than I was,
589
00:32:39,436 --> 00:32:42,523
you need to do whatever it takes
to get that "not guilty."
590
00:32:43,273 --> 00:32:46,610
Your client expects nothing less.
591
00:32:51,532 --> 00:32:52,449
Slainte.
592
00:33:02,084 --> 00:33:03,293
Is Julian awake yet?
593
00:33:04,211 --> 00:33:06,422
I'm not sure
what you want me to tell you now.
594
00:33:06,505 --> 00:33:07,423
The truth.
595
00:33:08,090 --> 00:33:10,426
He's in and out. Mostly out.
596
00:33:11,510 --> 00:33:12,511
How is he?
597
00:33:14,221 --> 00:33:15,806
[Izzy] He's doing the best he can.
598
00:33:17,182 --> 00:33:18,058
Yeah.
599
00:33:19,643 --> 00:33:22,187
Can you grab some coffee?
I need to talk to him.
600
00:33:22,271 --> 00:33:23,522
-Yeah.
-Thanks, Izzy.
601
00:33:34,324 --> 00:33:36,285
[David] We should've appreciated it more.
602
00:33:36,994 --> 00:33:37,828
[Mickey] What?
603
00:33:39,204 --> 00:33:40,205
Being healthy.
604
00:33:41,290 --> 00:33:42,124
Happy.
605
00:33:44,209 --> 00:33:48,172
You don't think about dying, you know?
Happens to other people, but…
606
00:33:53,052 --> 00:33:55,971
There's no way you could have known
any of this was gonna happen.
607
00:33:58,140 --> 00:34:00,642
That is true about our whole relationship.
608
00:34:01,810 --> 00:34:03,645
I never thought I was gonna settle down.
609
00:34:04,897 --> 00:34:06,148
Wasn't part of the plan.
610
00:34:10,194 --> 00:34:11,278
Well, what happened?
611
00:34:12,279 --> 00:34:13,405
A car accident.
612
00:34:14,490 --> 00:34:16,366
Nothing serious or anything.
613
00:34:16,867 --> 00:34:19,912
You know, this guy in front of me
stopped short, so I ran into him.
614
00:34:20,412 --> 00:34:23,832
And he gets out of the car
and just starts going mental on me.
615
00:34:23,916 --> 00:34:27,753
[scoffs] It was like face is red,
and his arms, like, flailing around.
616
00:34:27,836 --> 00:34:29,254
[laughs] I don't know.
617
00:34:29,338 --> 00:34:31,548
Tried to apologize,
but it seemed so ridiculous.
618
00:34:31,632 --> 00:34:33,926
Yeah. That must have made him
even angrier.
619
00:34:34,009 --> 00:34:35,969
[chuckles] You have no idea.
620
00:34:36,053 --> 00:34:37,221
[David laughs]
621
00:34:38,680 --> 00:34:42,392
I gave him my insurance,
and we traded numbers.
622
00:34:42,476 --> 00:34:44,853
And that night, he texted me,
623
00:34:44,937 --> 00:34:48,899
asked me if we could meet up for a drink
so he could apologize for overreacting.
624
00:34:51,860 --> 00:34:53,320
And that was all she wrote.
625
00:34:54,988 --> 00:34:57,866
[quiet, poignant music playing]
626
00:35:01,870 --> 00:35:05,040
David, uh, I'm afraid
Julian's case is in trouble.
627
00:35:05,749 --> 00:35:08,085
The judge is very close
to granting a mistrial.
628
00:35:08,168 --> 00:35:09,753
That means we have to start over.
629
00:35:09,837 --> 00:35:12,339
In fact, Julian is the only one
who can stop that now.
630
00:35:13,173 --> 00:35:14,716
So I need to talk to him.
631
00:35:16,093 --> 00:35:20,764
Mickey, he's barely alive. You can talk,
but I'm not sure he can even hear you.
632
00:35:20,848 --> 00:35:23,684
You need to trust me now.
You need to let me try.
633
00:35:23,767 --> 00:35:25,769
[music intensifies]
634
00:35:31,483 --> 00:35:33,110
Do whatever you need to do.
635
00:35:42,286 --> 00:35:44,997
-I'm sorry, but I can't let you in there.
-I'm his attorney.
636
00:35:45,080 --> 00:35:47,082
And I respect that,
but I have strict orders.
637
00:35:47,166 --> 00:35:49,251
No one can see the prisoner
except his doctors.
638
00:35:49,334 --> 00:35:52,671
I already let his boyfriend in there,
and I could get in trouble for that.
639
00:35:52,754 --> 00:35:56,383
You listen to me very carefully,
Deputy Henderson.
640
00:35:56,466 --> 00:35:59,303
My client has the right
to consult with his lawyer.
641
00:35:59,386 --> 00:36:00,637
I don't think he's awake.
642
00:36:00,721 --> 00:36:03,265
-Are you a doctor now?
-No, but I've been standing out--
643
00:36:03,348 --> 00:36:05,058
You wanna stand in front of a judge
644
00:36:05,142 --> 00:36:07,186
and explain why
you personally denied a man
645
00:36:07,269 --> 00:36:08,854
his constitutional rights?
646
00:36:08,937 --> 00:36:10,856
A man who is a victim of a terrible crime?
647
00:36:10,939 --> 00:36:13,692
A crime that happened
under sheriff's department supervision?
648
00:36:13,775 --> 00:36:17,487
Because if that's what you want,
I can assure you I can make that happen.
649
00:36:21,408 --> 00:36:24,369
Five minutes.
And after that, you're out of there.
650
00:36:24,453 --> 00:36:25,370
Thank you.
651
00:36:25,454 --> 00:36:28,457
-And I'm standing right outside.
-I feel safer already.
652
00:36:30,834 --> 00:36:32,961
[machine beeps steadily]
653
00:36:34,504 --> 00:36:37,090
[tense music playing]
654
00:36:58,111 --> 00:37:00,656
[Mickey] I have a signed waiver
from Mr. La Cosse, Your Honor,
655
00:37:00,739 --> 00:37:03,617
granting his permission
for us to proceed in his absence.
656
00:37:06,620 --> 00:37:09,414
Your Honor,
I have to raise a concern here.
657
00:37:09,498 --> 00:37:12,501
All I'm hearing from the hospital
and from the sheriff's department
658
00:37:12,584 --> 00:37:15,420
is that Mr. La Cosse
is still in critical condition.
659
00:37:15,504 --> 00:37:16,672
[Mickey] He is, Your Honor,
660
00:37:16,755 --> 00:37:19,508
which is why it's even more imperative
that we move quickly.
661
00:37:19,591 --> 00:37:21,927
I was lucky to be there at the right time.
662
00:37:22,678 --> 00:37:26,265
Mr. Forsythe, you could have gone
to the hospital with Mr. Haller
663
00:37:26,348 --> 00:37:27,641
if you were so skeptical.
664
00:37:27,724 --> 00:37:31,228
And Mr. Haller,
you are an officer of the court.
665
00:37:31,311 --> 00:37:34,815
If I take you at your word and find out
there's been anything untoward…
666
00:37:34,898 --> 00:37:36,984
There's no need to take my word for it.
667
00:37:37,067 --> 00:37:38,860
Mr. La Cosse's partner was there,
668
00:37:38,944 --> 00:37:41,780
and he has agreed to testify
to the veracity of this signature.
669
00:37:45,117 --> 00:37:48,078
-[bailiff] State your name, please.
-David Henry Lyons.
670
00:37:48,161 --> 00:37:49,288
Do you solemnly state
671
00:37:49,371 --> 00:37:52,499
that the testimony you may give
in the case pending before this court
672
00:37:52,582 --> 00:37:55,460
shall be the truth, the whole truth,
and nothing but the truth?
673
00:37:55,544 --> 00:37:56,378
I do.
674
00:37:56,962 --> 00:37:58,672
[judge] Please be seated, Mr. Lyons.
675
00:38:02,634 --> 00:38:05,095
Mr. Lyons, can you explain to the court
676
00:38:05,178 --> 00:38:08,015
your relationship to the defendant,
Julian La Cosse?
677
00:38:10,225 --> 00:38:11,560
He's the love of my life.
678
00:38:12,394 --> 00:38:13,895
Technically, he's my partner.
679
00:38:13,979 --> 00:38:18,066
We never got married because neither of us
believes in it as an institution, but
680
00:38:19,318 --> 00:38:21,153
I may be changing my thinking on that.
681
00:38:22,362 --> 00:38:25,657
-How long have you been together?
-It'll be nine years this summer.
682
00:38:26,241 --> 00:38:28,118
Were you just with him at the hospital?
683
00:38:28,702 --> 00:38:32,456
I've been with him since I heard
he was attacked while in police custody.
684
00:38:32,998 --> 00:38:37,336
Mr. Lyons, this is a waiver
granting me permission
685
00:38:37,419 --> 00:38:40,630
to continue this trial
in Julian's absence.
686
00:38:40,714 --> 00:38:42,299
Have you ever seen this before?
687
00:38:43,008 --> 00:38:45,761
Yes, you showed it to me at the hospital
after you left him.
688
00:38:45,844 --> 00:38:48,221
And do you recognize
the signature at the bottom?
689
00:38:48,305 --> 00:38:50,349
Yes, it's Julian's.
690
00:38:50,432 --> 00:38:52,017
It's a little messier than usual,
691
00:38:52,100 --> 00:38:54,353
but he'd just been through
seven hours of surgery.
692
00:38:54,436 --> 00:38:56,730
Don't think penmanship
was at the top of his mind.
693
00:38:56,813 --> 00:38:59,608
So you can confirm
that the signature on the bottom
694
00:38:59,691 --> 00:39:02,402
is definitely that of your partner,
Julian La Cosse?
695
00:39:02,486 --> 00:39:04,571
Yes, it is. Definitely.
696
00:39:06,490 --> 00:39:07,657
Thank you, Mr. Lyons.
697
00:39:08,658 --> 00:39:09,618
Mr. Forsythe.
698
00:39:10,118 --> 00:39:14,831
Do you know what the punishment is
for perjury in the state of California?
699
00:39:15,707 --> 00:39:17,042
I can't say that I do.
700
00:39:17,125 --> 00:39:20,295
Well, under the California Penal Code,
perjury is a felony offense,
701
00:39:20,379 --> 00:39:23,465
and it carries a term
of up to four years in prison.
702
00:39:24,049 --> 00:39:27,761
Given that, are you still
confident in your answers,
703
00:39:27,844 --> 00:39:29,846
or would you like to rethink some of them?
704
00:39:30,347 --> 00:39:32,766
No, I would not.
705
00:39:34,309 --> 00:39:36,686
Julian wants this trial to continue,
and I know that
706
00:39:36,770 --> 00:39:40,315
because he told me so himself
before he lost consciousness.
707
00:39:40,399 --> 00:39:44,069
He would tell you that, too,
if he wasn't handcuffed to a hospital bed.
708
00:39:48,448 --> 00:39:50,033
[Forsythe] No further questions.
709
00:39:51,827 --> 00:39:53,412
The witness may step down.
710
00:39:57,874 --> 00:40:01,169
Are there any further arguments
regarding moving forward with the trial?
711
00:40:01,253 --> 00:40:03,922
Your Honor, I wanna reiterate
my strong objection
712
00:40:04,005 --> 00:40:05,841
to continuing under the circumstances.
713
00:40:05,924 --> 00:40:07,134
No matter what happens,
714
00:40:07,217 --> 00:40:10,929
the defense is simply going to use this
to appeal any adverse decision.
715
00:40:11,012 --> 00:40:15,058
Your Honor, previously, you reminded me
that I am an officer of the court.
716
00:40:15,142 --> 00:40:19,938
As such, I can assure you and Mr. Forsythe
that, while I reserve my right to appeal,
717
00:40:20,021 --> 00:40:22,649
it will not be because
my client was not present for trial.
718
00:40:23,984 --> 00:40:27,696
The court has no way to hold you to that,
Mr. Haller, but it appreciates the offer.
719
00:40:29,406 --> 00:40:30,657
[sighs heavily]
720
00:40:36,204 --> 00:40:37,581
Do you have something to add?
721
00:40:38,290 --> 00:40:42,627
If I may, Your Honor, I'd like to suggest
that the timely administration of justice
722
00:40:42,711 --> 00:40:45,589
would best be served
by allowing this case to continue.
723
00:40:45,672 --> 00:40:47,549
As appellate courts
have consistently held,
724
00:40:47,632 --> 00:40:51,470
decisions like this ultimately come down
to judicial discretion.
725
00:40:53,138 --> 00:40:55,390
Thank you for that reminder, Miss Crane.
726
00:41:02,606 --> 00:41:04,357
This is a complicated decision,
727
00:41:05,358 --> 00:41:07,486
and there are a lot of
competing considerations.
728
00:41:08,695 --> 00:41:11,823
But given that we now have evidence
of the defendant's wishes,
729
00:41:12,866 --> 00:41:15,076
and given that those wishes are
to go forward,
730
00:41:15,160 --> 00:41:17,746
I have decided not to grant a mistrial.
731
00:41:17,829 --> 00:41:18,872
[Lorna sighs]
732
00:41:18,955 --> 00:41:20,957
[judge] Bailiff,
please apologize to the jury
733
00:41:21,041 --> 00:41:24,669
and let them know that we will resume
promptly tomorrow at 9:00 a.m.
734
00:41:24,753 --> 00:41:26,171
Court is adjourned.
735
00:41:26,254 --> 00:41:28,006
One of the first things you taught me.
736
00:41:28,089 --> 00:41:32,302
No judge wants to be reversed on appeal,
and judicial discretion is a big-ass tent.
737
00:41:32,385 --> 00:41:33,803
-Amen to that.
-Yeah.
738
00:41:33,887 --> 00:41:36,806
Now, do yourself a favor.
Throw that tie away.
739
00:41:38,350 --> 00:41:39,267
I love this tie.
740
00:41:39,351 --> 00:41:42,229
All things are temporary. Burn it, Mickey.
741
00:41:50,570 --> 00:41:52,030
[door opens]
742
00:41:52,113 --> 00:41:56,535
No, Vasquez. Lalo Vasquez.
743
00:41:57,160 --> 00:41:59,871
If you had anything about it--
744
00:41:59,955 --> 00:42:00,914
What?
745
00:42:01,706 --> 00:42:05,252
Yeah. Yeah, yeah. I will happily hold.
Just as long as you don't--
746
00:42:08,046 --> 00:42:08,964
Hello?
747
00:42:10,590 --> 00:42:11,508
Hello?
748
00:42:16,346 --> 00:42:19,474
Oh, hi. Um, Mick is in court.
749
00:42:19,558 --> 00:42:21,393
[Andrea] That's all right.
I'm looking for you.
750
00:42:23,186 --> 00:42:24,396
[Cisco] What is that?
751
00:42:24,479 --> 00:42:27,774
Discovery from my office
in the Lalo Vasquez case.
752
00:42:29,150 --> 00:42:30,193
You're kidding.
753
00:42:30,277 --> 00:42:32,279
[intriguing music playing]
754
00:42:34,239 --> 00:42:35,365
[Cisco hesitates]
755
00:42:35,907 --> 00:42:37,409
Won't you get into trouble?
756
00:42:37,492 --> 00:42:39,119
There's already been a prelim,
757
00:42:39,202 --> 00:42:42,914
and they've turned it all over
to the defense, so probably not.
758
00:42:44,124 --> 00:42:46,334
Honestly, I'm not sure I care anymore.
759
00:42:47,168 --> 00:42:48,003
Wow.
760
00:42:49,045 --> 00:42:53,925
Three dead college kids. All overdoses.
Tox results show fentanyl in the cocaine.
761
00:42:59,306 --> 00:43:00,390
What is it?
762
00:43:01,016 --> 00:43:02,183
[Cisco] Something good.
763
00:43:03,685 --> 00:43:06,396
Something very good. Thank you.
764
00:43:06,479 --> 00:43:07,522
My pleasure.
765
00:43:09,316 --> 00:43:10,900
Just don't get used to it.
766
00:43:18,617 --> 00:43:19,743
[elevator bell dings]
767
00:43:22,370 --> 00:43:23,747
-What's this?
-Research.
768
00:43:23,830 --> 00:43:26,082
I got to thinking.
In all the hubbub about Julian,
769
00:43:26,166 --> 00:43:28,209
the judge never ruled
on De Marco's testimony.
770
00:43:28,293 --> 00:43:30,587
-You have a chance to get it back in.
-Lorna.
771
00:43:30,670 --> 00:43:34,591
What? You said that that video is useless
unless we get it in front of a jury.
772
00:43:34,674 --> 00:43:37,385
She's not gonna let De Marco
testify again.
773
00:43:37,469 --> 00:43:39,304
Not with that attitude, she won't.
774
00:43:39,387 --> 00:43:43,141
Mickey, I'm serious. We have to find a way
to get that video in.
775
00:43:45,644 --> 00:43:46,978
It's all right, Lorna.
776
00:43:47,562 --> 00:43:51,107
I think I have a better idea
how to use it. I'll meet you inside.
777
00:43:53,360 --> 00:43:55,570
[tense music playing]
778
00:43:59,199 --> 00:44:00,325
Mind if I join you?
779
00:44:04,788 --> 00:44:06,873
I have something to show you, actually.
780
00:44:07,957 --> 00:44:10,752
Save it for someone
who gives a shit, Counselor.
781
00:44:11,419 --> 00:44:12,879
I think that someone is you.
782
00:44:14,798 --> 00:44:16,216
You're sick of it, aren't you?
783
00:44:17,008 --> 00:44:18,176
Sick of what?
784
00:44:23,473 --> 00:44:24,641
[Mickey] Just press play.
785
00:44:29,104 --> 00:44:31,439
[music intensifies]
786
00:44:31,523 --> 00:44:34,150
[video plays without audio]
787
00:44:40,365 --> 00:44:42,575
[Mickey] I think you'll agree this is bad.
788
00:44:47,997 --> 00:44:49,666
I didn't go inside with him.
789
00:44:50,542 --> 00:44:52,669
[inhales slowly]
It's not what it looks like.
790
00:44:52,752 --> 00:44:54,796
Oh, it's exactly what it looks like.
791
00:44:54,879 --> 00:44:58,216
[sighs] Here's the thing, Bishop.
I don't care anymore.
792
00:44:59,300 --> 00:45:01,803
I don't care whatever
fucked-up arrangement you two had.
793
00:45:01,886 --> 00:45:06,099
All I care about is saving my client
and bringing this piece of shit down.
794
00:45:06,933 --> 00:45:08,184
It's not that simple.
795
00:45:08,268 --> 00:45:13,022
A woman is dead. My driver is dead.
And now my client might die.
796
00:45:17,569 --> 00:45:20,238
You're a lot of things, Bishop,
but you're not a killer.
797
00:45:21,322 --> 00:45:24,909
Whatever this is, deep down,
I think you wanna make it right.
798
00:45:28,329 --> 00:45:29,247
[scoffs]
799
00:45:31,499 --> 00:45:32,417
Don't show that.
800
00:45:33,710 --> 00:45:36,463
Not in court. Not to anybody.
801
00:45:40,508 --> 00:45:42,135
Well, that depends, doesn't it?
802
00:45:52,479 --> 00:45:54,481
[tense music continues]
803
00:46:06,951 --> 00:46:09,078
Mr. Haller, please call your next witness.
804
00:46:10,538 --> 00:46:13,041
The defense calls Neil Bishop
to the stand.
805
00:46:13,666 --> 00:46:16,044
[music intensifies]
806
00:46:20,632 --> 00:46:22,383
[music fades]
807
00:46:26,763 --> 00:46:29,182
[brooding instrumental music playing]
65337
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