Original subtitles

Previously on Fern.

I'm calling about a woman named Abby McDeer.

She's been found.

We found the room where you were being held.

Now, the water and the white cloth, were they used?

Sometimes I feel like I can't breathe.

You need to tell Mitch. I'll tell him when I'm ready.

We arrested Kevin Stack.

He might have a lot to say about the lawyer who failed to keep him out of

prison. I recorded every conversation you and I ever had about this mission of

ours. It's worth it to me to have a lawyer so motivated.

The defense will be moving to suppress the hard drive taken from my client. On

what grounds? On the grounds that it was stolen.

The hard drive is excluded. Mr. Stack, he's free to go. You have to testify.

Stack was there, wasn't he? You saw him give the order. I saw him do more than

that. Kevin Stack, I'm arresting you for the murder of Andrew Palmer.

I didn't know you had a case for Andrew.

I didn't know we had a witness.

Who?

Me.

It's just different now.

When we were young, when we got married, we went to the same high school, the

same college. Yeah, I get it.

I mean, I met my wife in law school. She was 20. I was 22.

I resent him.

I know that's a crazy thing to say.

You were tortured, Abby.

You're entitled to a little resentment.

He just doesn't stop.

He gets involved in these insane situations, and then instead of walking

away... You won't quit.

That's him.

That's what makes him a good lawyer.

I know, Andrew, but good lawyers aren't always good husbands.

What about you?

You sat at that kitchen table strategizing all those nights.

You could have called the feds, told them what you knew.

So it's my fault. I'm just saying.

You're an independent thinker.

Mitch didn't force you to look for the truth.

You wanted to.

But I never meant to push it this far.

But you did.

Hey, it's not easy taking responsibility for your own actions.

Who knows better than me?

At least you get to live with your choices.

Is that really the time?

I'm supposed to get Claire.

Abby, are you coming down?

Just a minute. I'm just getting dressed.

Judge Kurzan says at 9.30.

Diane wants to meet with us for a few minutes beforehand.

To prep?

Yeah, I think she just wants to go over your direct, make sure that you're ready

for Alex's cross.

We could go through it if you're nervous.

I'm fine.

They'll ask a question, and I'll try to answer it. It's not really that simple.

I don't want to relive it over and over. I understand that. I'm just...

I'm trying to talk to you, Abby. I'm not really getting how you're handling this.

Well, it's how I'm handling it. You don't get to handle it.

And I wish you'd stop trying to handle me.

Yoo-hoo.

Hey.

You guys really shouldn't leave that door unlocked.

Although the five federal agents on the front lawn is a pretty good deterrent.

We gotta go. Judge Curzan sits at 9. 9.30.

I gotta get something. I'll be right back.

Everything cool?

Yeah, I'm just gonna go start the car.

Okay.

She okay?

I can't. I promised her I wasn't gonna say anything, Ray.

She's been through a lot, obviously.

More than seeing Andrew die.

Stack had her questioned.

What do you mean, exactly?

Well, you know that article?

You showed me a while back about the techniques they use in the military.

That was about waterboarding, Tammy.

Did she say that? You cannot tell Mitch, though. I promised her I wasn't gonna

say anything.

What are you talking about? He has to know.

She's not ready to have that conversation.

But she's willing to testify in open court.

Diane. Excuse me.

Thanks for being here. I wish it was for any other reason.

Ray, would you hang back and give Abby and I a second to talk to Diane?

I was going to ask you the same thing. I think I'd rather talk to Diane on my

own.

It's probably best to talk one-on-one.

I'm sorry. I just think fewer distractions right now, the better.

Yeah, of course.

just called me a distraction.

I spoke to Lewis Coleman.

He shared with me the details of what he found in the room where you were being

held.

Today's just a probable cause hearing.

All we need to establish is enough to convince the judge to hold Stack for

trial. I'll call you to the stand, walk you through the facts.

I'd like to start with how you were abducted.

Tell me, did you know where they were taking you?

I'm going to need you to answer, Abby.

The court needs verbal responses for the record.

No.

You didn't know. Okay.

And the men who grabbed you, had you ever seen them before?

It's just a probable cause hearing. I'll be back in the office by noon.

Yeah, I know.

Diane just sent over the discovery.

No, I'm still waiting on my client.

I'll look it over now.

I'm not sure what this has to do with me.

Her name's Sarah Holt. She was arrested last night for murder.

The court assigned her case to a local lawyer named Mitch McDeer.

And? Thought you might recognize the name.

Solo practice, married with a daughter, plays in a basketball league for

attorneys. So do I.

Yes, Xander, now you know why you're here.

Oh, yeah.

Yeah, I know this guy.

Plays once in a while, missed last game.

Could you talk to him? If you approached him as a friend, would he find that

strange? I don't think so.

Why, are you interested in this case? Yes.

I need your help, Andrew, and in return, I'll help you.

In fact, I think I may be looking at Ken Wilson-Clark's newest partner.

How's that sound? That sounds... sounds great.

Bought you that the day we met.

No, you didn't.

We knew each other five months before you gave it to me.

That's when I gave it to you.

The first day we met, I knew we would connect.

I assume Abby McDeer intends to testify?

It was always a loose end. I just never got to take care of it.

She's a smart woman, Kevin.

She knows what she saw.

This has nothing to do with what she saw. What matters is what the judge

believes she saw.

And you control that.

I'll try.

Oh, I know you will.

How did you get that in here?

If you're worried about me getting into trouble, don't.

You have so many other things to worry about.

McDeer needs to go.

I always thought we could control him.

But you're right.

It's time we end this.

I like you, Alex.

I may even love you.

But if I don't get out of here, neither will you.

Your Honor, in light of your ruling excluding the hard drive, defense is

seeking to limit the scope of this hearing.

Limited how? To the issues at hand. My client is charged with ordering the

murder of Andrew Palmer. As well as the abduction and torture of Abigail McDeer.

Any testimony should go to those crimes alone.

The contents on that drive and any conspiracy to murder Noble Insurance

patients should be off limits.

I'm with you, Ms. Clark. If the hard drive is out, I'm inclined to keep it

out. That's a mistake, Your Honor. Excuse me?

The hard drive establishes motive.

The defendant abducted Mrs. McDear to trade her for that drive.

With all due respect, motive isn't the issue here.

I agree.

Why is not an element of the crimes.

If your witness saw it happen, Counsel, you don't need the drive to make your

case. Your Honor, our burden here is low.

And if we don't get a fair hearing, my office will look into why.

Well, that's a first.

I haven't even ruled yet, and already I'm being threatened.

There will be no mention.

of that hard drive. Are we clear?

Thank you, Your Honor.

We're fine.

But all we have now is Abby. I hope she's ready.

Abby, they're ready.

You cool in there?

The United States calls Abigail McDeer to the stand.

Did you know the men who abducted you?

No, but I knew their names.

William Herman and Vincent Mercer.

They served with the defendant in Desert Storm.

And those men, they took you to a remote location?

It was a warehouse of some kind, abandoned.

I had a bag placed over my head. When that bag was removed, that's when I saw

Mr. Stack in the room.

Who else was there?

Another man, a former soldier of Mr. Stack's, and Andrew Palmer.

His hands were tied, and he was sitting in a chair opposite me.

Mr. Stack said he wanted the hard drive.

Objection. We're not offering the contents, Your Honor. She's testifying

to what he said.

I'll allow it.

Andrew said he didn't know where it was.

You know what, Andrew?

I believe you.

And since you don't know where to find the drive, I don't need you anymore.

Bill!

He gave the order.

He nodded to the other man who was there to kill Andrew. And he did.

In front of me.

What happened then?

The man... He began the process of questioning me

about the whereabouts of the drive.

What kind of questioning?

He placed a cloth over my nose and mouth, and water was poured over it.

My client wasn't there when you were abducted.

No, but he talked to my husband and he sent a video link. Objection. Move to

strike hearsay. No video link was ever found or placed into evidence.

Sustained.

You were tortured, waterboarded. That's your testimony?

Assuming it even happened, my client wasn't there either, was he?

No, he left before that happened.

Are you sure?

Are you sure?

He was ever really even there.

If you were tortured, maybe you imagined my client was there.

You were in shock.

He was there before I was tortured.

Can you prove it? Do you really expect us to believe that you had a clear sense

of time?

I know what I saw. He gave the order for Andrew to be killed. The order?

By your own admission, he didn't say any words.

You think he nodded his head.

Do I have that right?

He did.

He wasn't even there, Abby.

You imagined it.

Objection. Sustained.

You admit my client didn't pull the trigger. The other man did. What exactly

happened to this other man?

The witness will answer.

I'm sorry, I didn't... I didn't get that.

I killed him.

going through.

I know you're angry and some of that anger is pointed at me. I love you.

You know that.

But I don't understand why you felt you couldn't talk to me.

I told you I... I just couldn't. But I don't... I don't understand what that

means, Anne. It means this is different.

It means that on some level...

I blame you for this, for the fact that we are even sitting here right now. But

that's not fair.

I don't care. That's how I feel.

Maybe it is fair. Maybe you need to realize just how fair it is.

I never asked for this. No, but you didn't stop it.

Part of it is me. I was there the whole way.

I accept that. I chose to keep pushing.

To find out the truth, but I never should have had to choose.

You kept walking right into all of it.

And we went with you because we love you.

I need to go home now.

Can we go home?

I called my parents.

As surreal as these last few days have been, I think that was the strangest

moment yet.

How did it go?

Fine.

I'd like to see them.

Claire has a break coming up, and I could take her out a few days early.

Okay.

I think she should meet them.

And I could use some time and...

Well, I think we both could.

I don't need time, Abby.

What I need is for you to talk to me.

I checked.

There's a flight tomorrow afternoon at 3 o'clock.

Tammy could take us to the airport.

How long?

A week.

Or more. I... Until I figure a few things out.

Or until Claire can't stand another...

Day of my mother's cooking.

I never thought we would get here, Ab.

You going?

I'm going.

But I'm not leaving.

Her mother always hated me.

Now Abby's gonna go back there,

After all these years for the big I told you so? You don't know that.

Maybe Mother Sutherland's mellowed in her old age. Yeah, right.

I just don't get it. She's willing to tell the whole world in open court, but

she won't talk to me.

I asked Tammy to stop her, but she wouldn't.

Wait, you knew?

Yeah. You knew and you let me walk into that courtroom?

Tammy told me in confidence.

What about not betraying the confidence of your family?

Tammy is family.

Look, why are you trying to make this about me instead of dealing with the

real situation?

Meaning what?

Abby's leaving you.

She says that she's not, but you're scared.

I get that.

So what the hell are you doing sitting here with me?

She doesn't want to talk to you. Too bad.

You guys keep telling me marriage doesn't work that way.

She holds you responsible.

So you go there. Wherever she is, you stand there.

And you talk. And you fix it.

Brilliant. That might not be brilliant, but it's real.

You know what, big brother?

Lesson's over.

You fixed your own life.

You're not serious.

Kevin, it's a probable cause hearing.

So? So the defendant doesn't take the stand.

Is that the law?

It's common sense.

It's basic legal strategy. If you testify, anything you say could be used

against you at trial.

If I handle this right, there won't be any trial. That's naive.

The government's burden is very low. The chances of winning in an outright

dismissal right now are... Better than you think.

We have a judge who's inclined to see things our way. We just need to give her

enough ammunition so that she rules in our favor.

I'm against this.

Their case is weak.

One wrong word, and you could change that.

You're right.

I should consider that.

Done.

Would you like to hear my decision?

What the hell is he thinking?

I don't know. He's either deranged or he thinks he can end this right here.

I know it's unusual for a defendant to testify in this kind of proceeding, but

I did not kill Andrew Palmer, and I wanted you to hear that from me. Did you

know Mr. Palmer?

Yes. He was one of the lawyers who represented Noble.

I liked him very much. And the charges relating to Abigail McDeer? I can't say

much there, except that I wasn't involved.

She's clearly a distraught woman.

I believe she believes I was there, but I wasn't.

Are you enjoying this, Mr. Stack?

You killed all those people.

Objection! And here you sit, mocking us all.

Sustained. Let's keep it about this case, counsel.

You kidnapped Abby McDeer to trade her for that drive.

You had her taken to a warehouse and tortured.

You can't prove that.

You killed Andrew Palmer.

You gave the order.

Is this where I slip up and confess?

Ask him about the S.O.A. Why?

Why? Because he's too arrogant to deny it. I have an idea.

Tell me about the S.O.A. What about it?

It's a group of medics. S.O.A. stands for Staff of Asclepius, the god of

medicine. Yes. We served together in Desert Storm. The man who tortured Abby

McDeer was S.O.A.

Is that right?

We found a tattoo on his arm.

A snake curled around a dagger cutting through a skull.

You have it too, don't you?

Yes. It's called a caduceus. No.

Caduceus is a fraud.

Mistake.

The army adopted it in error.

One staff, one snake, no wings. That's the sign of the true healers. And the

SOA are true healers. Damn right.

Your Honor, may we approach?

Let's go.

Did he just say what I think he said?

Yes, Your Honor. He just described himself as a true healer. He was

describing the SOA.

He's a member.

He said it just a few seconds ago. He opened the door, Your Honor. That's

ridiculous. It's not ridiculous, Counsel. It's the law.

If he paints himself as a healer, they can offer up evidence to rebut that

claim. Evidence that includes the contents of that drive.

The client knew the risks, Ms. Clark.

He thought he was smarter than the room. Turns out he was wrong.

Pride. It gets us all in the end.

The hard drive is fair game on rebuttal.

We'll take a recess and pick it up in an hour.

I can't believe you got him to open the door. All you have to do is introduce

the contents of the drive.

I need your help. We need to go through it. You can't lose. No judge can refuse

to find probable cause in this record. Even if he's bought her off, she's

stuck. You okay?

Yeah, I'm fine. It's just my wife is leaving for a flight in an hour.

Any chance you could finish this up without me? Go.

Yeah? Yeah. You just saved my ass.

Do what you need to do.

Jessup, duty cap wants you down on three.

Why? No idea.

He just said take the wheel up here till six.

Yes, you're okay.

Ray. Hey, I just got here.

Ray, he's out.

Stack is out. I was headed to my car.

What are you talking about? Listen to me.

Stack is out.

We're on the side of the building in the alley.

He's got on some guard's uniform.

Are you sure it's him?

Yeah. Oh, no, I don't know.

Hold on.

Hey, Stack?

Is it him?

Mitch?

Mitch.

Major Stack.

Permission to end this. Not here.

Can't leave him.

Bring him with us.

Lewis, Lewis.

Stack's out. I just got off with Mitch. No, that's impossible. Yeah, he's out.

Mitch said he saw him leave the courthouse dressed as a guard.

What? Come on.

What do you know about this?

Nothing.

Open the door.

You, where's the defendant who was in that cell?

Which defendant? Kevin Stack. Who are you?

You weren't here this morning.

I'm Rodham. I just came on. There were no defendants on tap when I got here.

You McDeers just don't know when to quit, man.

I thought it was you.

I had to know.

Well, now you know.

And now your daughter's gonna know what it's like to grow up without a father.

Sarah Hall was loyal to you.

She cared about your mission.

You killed her.

Why? You don't know what you're talking about.

I saved Sarah Hall when I brought her into this.

She was broken, alone, thinking about suicide.

She'd been back in the States for over a year.

Long enough for what she'd seen in the field to destroy her marriage.

She thought she was drowning.

My men have all been there.

Your wife knows what that feels like now.

Hello, Sarah.

What happened to the woman I knew?

The soldier?

How did you find me?

I didn't just find you.

I've talked to some of the others. I'm arranging a meeting.

I need your help, Sarah.

Can you help me?

The first meeting was scary for us all, but it was also the beginning of a new

mission.

I remember the first time it happened to me.

The first time I saved a man's life and regretted it.

It's who we were.

It's what we were expected to do.

We saved them.

But why?

We sent them home. But home to what?

I was taught.

You were taught.

That all human life is sacred that it must be preserved At all cost any cost

no matter how great or impossible it was to bear Human decency

human dignity came second Save life,

I don't believe that anymore And I don't think you do either

All human life is not sacred

There are costs that are too great to bear.

So I'm here to tell you about a new mission.

A new way to restore our sense of purpose.

To be the strong soldiers we once were and still are.

The true healers.

You think my men are killers.

They're the bravest soldiers I have ever known on a most important mission.

we will ever encounter.

One chance.

You've got one chance to tell the truth here.

You know where Stack is.

If he kills McDear, I will charge you as an accessory.

I guarantee it.

I never saw him.

He was gone when I came on duty.

Do you think we're stupid?

We ran your name. We know your ex-army. We know you were never assigned to

relieve Officer Jessup.

Ray, anything?

He won't talk.

I don't know why, but he's loyal enough that he'll do time for Stack.

Look, here's everything we got on him so far.

That's his application for a job as a court officer, pay stubs, background on

his family. We got every cop, every fed in the district looking for Stack and

your brother.

We'll find them.

Thank you.

Can I take mine out to the car?

Sure.

Hey, we're just heading to the airport.

Stacks out he walked out of the courthouse dressed as a guard.

Oh My god, Mitch was following him something went wrong phone went dead. I

can't reach him What How

much

time I should be here within the hour sir

Any problem with the flight plan?

None. We filed the manifest.

The feds haven't flagged it. Good.

Get him inside.

That was Lewis.

He's got nothing.

Guard won't talk, and nobody's seen him. Well, I called Dimitri. He said he's

working on it. Working on what? Lewis is pressing the guard, but he's not gonna

talk. We can't wait for the feds.

So what can we do? The guard's name is Rodham. Ray has a file. He's not going

to betray Stack unless we give him a reason.

Like? We're thinking family.

His job application says he has an ex-wife and a six-year-old son.

His son is the beneficiary on his pension. We have an address to the mom

and son. So how does that help us? We don't know yet.

I looked up the address. It's a row house, but it's not registered to the

mom's name. I checked with my credit card connection.

He says nobody with the mother's name there gets bills.

So maybe she doesn't have a credit card. Possibly, but credit cards are hard to

avoid unless... Dimitri.

You sure?

All right, thank you.

So you know how Dimitri works at that bank. He has access to all kinds of tax

records. He says that nobody with that name at that address has filed tax

returns in the last five years.

We need to talk to her.

Your flight's gonna leave in an hour.

Well, we're not leaving till we know he's okay.

Is this how you imagined it, Kevin?

The end of your mission?

You running?

Forced to leave the country you spent the better years of your life defending?

You know, I gotta hand it to you.

You are a great leader.

You found a group of broken men and you gave them a purpose?

I never took a dollar of the money I saved.

That's a lie.

You want to talk about money?

Last year, this country spent $55 billion on the last two months of

patients' lives.

You hear me?

$55 billion. That's more than we spent on the Department of Homeland Security,

our education.

And for what?

We didn't save a single one.

That money kept them alive.

It bought them time.

Not always.

Americans believe in miracles. That's our country.

It's in our blood.

Anything is possible. So we run tests they don't need. We take drugs that

don't work. We send 25 specialists in to puzzle over a terminal patient. We're

bankrupting this system, and no one cares. As long as it gives us two more

weeks with Grandpa, it's worth it. This pill costs $300, and it won't work. So

what? Take it.

Procedure costs $400,000, and you'll probably die on the table.

Doesn't matter. Do it.

We're all about hope.

So that's what this is all about.

Waste. What's being wasted is life.

You just can't see it.

You're not serious.

Global increase. We're hemorrhaging cash.

Copays need to go up.

We can't do this. Prenatal care?

All those meds?

Sir, if pregnant women can't afford the copay, they won't get prenatal care. And

no prenatal care.

It means dead kids.

Look, I get it, Kevin, but this is a business, and we have only so much money

to work with. What about the meds? People need these drugs to live. If we

make them unaffordable... Look, you want the company to pay for this?

Then find us a way to save the money somewhere else.

Cause and effect, Mitch.

Every dollar we waste stops us from paying for someone.

to get what they need.

You think I'm a killer?

People who could be living full lives are dying so that we can keep patients

who won't last a year alive.

I'm shifting the balance.

You didn't see me?

Me? You came out of nowhere.

We haunt. You haunt. We haunt.

There's some damage there. Let's just exchange paperwork and we'll let the

insurance companies deal with it. I'm Tammy Hemphill. That's Ray.

What's your name?

Cecilia Roddiff.

I don't have my license with me. I can call you.

Yeah, okay. What about registration?

Let me guess. The car is not registered under your name and no insurance.

Coleman. Lewis, it's Ray.

Cecilia Rodham has no tax returns, credit cards, driver's license,

insurance, registration.

She's here illegally.

If Rodham goes to jail for helping Stack, the mom gets deported, that means

the son goes into foster care.

That's our leverage.

So Rodham's ex-wife is illegal. You sure about that?

Yeah, I'm sure. Just play the card, see if he folds.

I'll call you back.

Come in. Hold on.

Warfield Air Strip Hangar 12.

How?

Ray McDeer.

Major Stack.

Your ride's here, sir.

We're fueling up now.

Half an hour.

We're almost done, sir.

Permission to end this.

Denied.

Every killing since this started was done in service to the mission.

We kill to save. We end one to save hundreds.

Our mission is over, Sergeant. So is the killing.

Stand down.

Sir. Stand down.

I'll meet you outside.

You killed those people. You can tell yourself whatever you want, Stack, but

you're wrong.

My world's not so black and white.

So you think you're God now?

I'm a soldier.

I'm doing what every commander on the battlefield does.

Making choices.

Every war requires some sacrifice.

You are not on a battlefield, and this is not a war, but yes, you are a

commander. And what happened to no man left behind?

If... You leave a man behind enemy lines, you go get him.

You send a platoon to rescue him.

Why?

More may die trying to save him, but you do it because it's not just about

numbers.

America believes in miracles.

If someone's going to die, then let's try and save them, but not by giving up

on others.

Yes.

We believe in miracles.

And that's why every once in a while we get one.

Let's go, let's go.

Kevin Stack.

This is the U.S. Federal Marshal Service.

We have the buildings surrounded.

You come in here, I will kill McDeer.

Kevin, it's over.

They don't understand.

Nobody will understand.

Better place.

Not here.

Not this insanity.

We're healers.

True.

Healers. Kevin Stack, step out of the building with your hands in the air.

Doesn't end.

Doesn't end.

Doesn't end.

Kevin, listen to me.

Save lives?

At any cost.

Any cost.

Why?

Because you're afraid of death. But I'm not.

Because I know that death isn't the end.

This.

This is what you're all so afraid of.