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Previously on "All Rise"...
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McCarthy would do a cleanup
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for any trainee who
got caught in the hot seat.
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Why didn't I ever hear about this?
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Watkins, you signed
a statement for McCarthy
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when we were fresh out of the academy.
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- You don't remember?
- Sorry, Sara, I have to go.
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You are just driving me crazy!
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Nikki?
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Whoa, where are you going?
Get back in here!
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- Hey!
- No!
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Lo, Benner named the presiding judge
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in the McCarthy case. It's you.
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Omar, this is new evidence.
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This could vacate your conviction.
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I'd just like my eye for an eye, please.
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- Mark, I've been trying...
- No, I know you have.
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And the fact that
you're even considering...
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I'm married.
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? Uh-oh, uh-oh ?
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? When all my darkness comes to light ?
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- Hi.
- Hey.
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I want to swing by tonight
and pick up some clothes.
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Sure. How's the McCarthy trial?
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- Oh, you know.
- No, I don't.
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We haven't talked much
since you walked out.
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I just need a little time,
Amy, to process things.
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It's not every day you find out
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the woman you love is married.
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Nice to hear you still love me.
Can we please talk?
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Yeah, um, just let me
get past this case.
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Listen, I think it's best if you're
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not there when I come by tonight.
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Good luck today.
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? All my reasons, let them die ?
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What do you say, Mark, you ready?
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Pete Rashel says he won't testify.
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Well, you have plenty
of other witnesses.
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- You don't need Rashel.
- I think we do.
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Rashel's where this all started.
Deep Throat could have sent us
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any of the deputies
on that list. Why him?
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Right now you need to focus on Cuthbert
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- and Judge Carmichael.
- Sir?
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Carmichael's going to be leaning
heavily towards the defense
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so she doesn't show
any bias towards you.
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Lola... Judge Carmichael
wouldn't do that, sir.
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- She's a fair judge.
- Who's up for re-election next year.
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Trust me, Mark,
she's got big fish to fry.
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Are you ready for McCarthy?
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If Cuthbert puts him on the stand.
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McCarthy will testify.
Be prepared for McCarthy.
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Sam. Your trial for the child
abuse case starts today.
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- Yes, sir.
- First chair.
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- Congratulations.
- Thank you, sir.
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Good luck.
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Okay, Bravo.
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Like I wasn't freaked out already.
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- What is that?
- For good luck.
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I should be with you.
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Sam, I never would've
gotten this far without you.
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Come on, first chair?
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Killin' it!
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Despite what the prosecution alleges,
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we have no doubt the truth will prevail
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and show that Deputy Wayne McCarthy
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is a pillar of this community
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- and an upstanding leader in the force.
- Are you worried at all
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about having Lola Carmichael
as the judge?
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We are... thrilled that Judge Carmichael
was given this case
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She is so brave
and has overcome so much.
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Just this past year, she was
arrested at a BLM protest
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and came out completely unscathed.
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No, she did not just say that.
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I have heard rumors that
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Judge Carmichael and DDA Callan
are buddies,
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and there are those who believe
that she cannot be unbiased.
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- We, of course, do not feel that way.
- Ha! No, of course not.
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Oh, boy.
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This case has been absolute hell.
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I can see how stressed out Mark is,
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and I can't even call him.
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Please send him a picture of Bailey
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in the papoose that he bought her.
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And don't even get me
started on Cuthbert.
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That woman is working my last nerve.
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And McCarthy?!
Sitting up there, day after day,
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so smug, and now she wants
to hold a press conference
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bringing up the protests and my arrest.
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Even if I could be unbiased,
which I'm not saying I can't,
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because even someone like
McCarthy deserves a fair trial
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but all the same, I don't even know
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if I can give him
a fair trial. Why, Lisa?
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Why did you do this to me?
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Cuthbert papered Campbell,
and your court was open.
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- Do you want to recuse yourself?
- And give Cuthbert what she wants? No.
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But you could've at least asked me.
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I am up for re-election,
in case you hadn't heard.
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- It is a jury trial.
- I still have a job to do.
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Yes, but you tend to get more
involved than you need to.
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- Oh, that's not a criticism.
- It sure sounded like one.
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Imagine this trial as the Super Bowl.
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Mark and Corrine are the Chicago Bears
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- and Tampa Bay Bucs.
- They're both NFC.
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Whatever. You know what I'm saying.
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Not really.
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Let the players play, Carmichael,
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and you just be a great referee.
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Synced & corrected by -robtor-
www.addic7ed.com
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So... two whole days off.
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- Oh, my God.
- Any plans?
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I have such a long list.
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First, I'm starting with the kitchen.
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- And then I'm going...
- Ugh! Emily!
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When was the last time
you had any time off?
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- You need to have some fun.
- I am helping you,
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and then I'm spring cleaning,
and that is fun.
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- You heard from Joaquin?
- We've talked,
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but our conversations
have been really strained.
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And Luke?
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We're taking it slow. He made me dinner.
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- Hmm?
- Nothing more.
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And what do you want to happen?
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I don't know. But I do know
that today is about you.
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So how are you feeling
about your testimony?
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Good. I can't thank you enough
for all your help
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- these last two weeks.
- Have you spoken to Benner yet?
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No. I thought it best to wait.
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- But?
- I'm just so worried about Nikki.
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I know, but just remember that
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everything that you are doing
is for her.
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- Pomona? Really, sir?
- It's only for another week.
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Be glad I didn't send you to Lancaster.
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- How you holding up?
- I mean, truthfully, it's pretty chill,
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- You hate it.
- I do!
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I should be there, helping.
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You're a former deputy
who trained under McCarthy.
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- You are also on the witness list.
- But I'm not testifying.
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Until this trial is over,
you are not to go near
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Lola, Mark, or Sam. Understand?
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- You're here.
- Not the welcome I was hoping for.
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Wasn't expecting that either.
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You just surprised me.
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I stopped by your office.
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They said you took a couple days off.
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Yeah. Why didn't you call first?
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Well, you haven't exactly been chatty.
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This is why you took time off?
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Spring cleaning.
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- Mm.
- Helps me think.
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- Come to any decisions?
- No.
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Then I have a better idea
for how to enjoy spring.
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Come with me to Rosarito.
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Yeah, I-I can't just...
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You know, I can't...
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Why Rosarito?
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Because it's a beautiful day.
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Because I want to spend time with you.
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Because... we need to talk.
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Well, I...
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Come on, Emily. Take a chance.
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Callan.
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- Omar. Didn't think you'd come.
- Me neither.
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- Courtrooms give me the creeps.
- I'm glad you made it.
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Seeing at least one bad cop
face a real trial?
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- Better than nothing.
- All rise.
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- Court is back in session.
- You may be seated.
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Back on the record in
The People v. Wayne McCarthy.
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Due to COVID protocols,
our jury is isolated
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and distanced in separate rooms.
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Juror number five, can you hear us?
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- Yes, Your Honor.
- Then let's get started.
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Mr. Callan, are the People ready
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to call their first witness?
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Yes, Your Honor.
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People call Lee Lori.
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Mr. Lori, are you
a former deputy sheriff?
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- Objection. Leading.
- Sustained.
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Sir, what is your former occupation?
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- I was a sheriff's deputy.
- And when was this?
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- From 2014 to 2015.
- Who trained you to do that job?
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Objection. Assuming facts
not in evidence.
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Sustained.
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When you were a deputy,
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- did you receive field training?
- Yes.
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Do you see your field training
officer in court here today?
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I do. He's sitting over there.
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Identifying the defendant.
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As a deputy,
in the course of your duties,
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were you ever stationed
at Men's Central Jail?
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- Yeah. It's a time I'd like to forget.
- Please tell the court why.
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When an inmate was injured
by another deputy,
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McCarthy told me to cover it up.
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When I pushed back,
he ran me off the force
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and made it impossible for me
to find another job.
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Objection. Foundation.
Move to have stricken.
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Your Honor, this is vital
and admissible testimony.
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The answer is stricken.
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It's bad enough dealing
with Cuthbert objecting
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every time Mark asks a question,
but him throwing me daggers?
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Because she's so scared she's
gonna look biased toward me,
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she keeps ruling in Cuthbert's favor.
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I knew this was a bad idea.
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00:08:56,529 --> 00:08:58,197
He needs me to bounce things off of
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and not being able
to talk to him, it's all so...
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Frustrating. There's no way I can win
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00:09:01,868 --> 00:09:03,769
if I have to go up against
Lola and Cuthbert.
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00:09:03,837 --> 00:09:05,137
Send Mark the picture of Bailey
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00:09:05,205 --> 00:09:06,438
in the honeybee onesie
that he bought her.
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00:09:06,506 --> 00:09:07,806
Okay, consider it done.
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00:09:07,874 --> 00:09:09,408
If that little girl
doesn't calm him down,
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I don't know what will.
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00:09:10,842 --> 00:09:14,313
And what about you?
What's gonna calm you down?
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00:09:23,823 --> 00:09:25,624
Miss Castillo, what was
your relationship
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with the alleged victim, Nikki Gessner?
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00:09:27,293 --> 00:09:29,400
- I was her tutor.
- Can you tell the court what happened
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00:09:29,432 --> 00:09:30,829
on the day that you called 9-1-1?
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00:09:30,897 --> 00:09:32,798
We were talking about
an essay Nikki had written.
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00:09:32,866 --> 00:09:34,133
It was really good.
219
00:09:34,200 --> 00:09:36,268
- But the ending worried me.
- Why?
220
00:09:36,336 --> 00:09:40,639
She said no matter how good
or talented Stacy was,
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it was never good enough.
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00:09:42,175 --> 00:09:43,909
Before I could ask her what it meant,
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Mrs. Gessner came into
the room and berated...
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00:09:46,713 --> 00:09:48,347
- Objection. Narrative.
- Sustained.
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00:09:48,415 --> 00:09:50,350
Ms. Castillo,
just stick to the question.
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00:09:50,444 --> 00:09:53,218
What happened that caused
your conversation with Nikki to end?
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00:09:53,286 --> 00:09:54,653
Mrs. Gessner came into the room.
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00:09:54,721 --> 00:09:56,488
And what, if anything, did she say?
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00:09:56,556 --> 00:09:58,690
She was upset about
a paper Nikki had written,
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00:09:58,758 --> 00:10:00,292
and that's when Nikki
turned off her video,
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00:10:00,360 --> 00:10:02,528
- but I could still hear.
- What did you hear?
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00:10:02,589 --> 00:10:04,329
Mrs. Gessner, yelling.
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00:10:04,397 --> 00:10:06,932
Then I heard a loud thud.
234
00:10:07,000 --> 00:10:08,734
When I called Nikki on Zoom the next day
235
00:10:08,802 --> 00:10:10,702
to see if she was okay,
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00:10:10,770 --> 00:10:12,871
she had a big red welt on her arm.
237
00:10:12,939 --> 00:10:14,273
Your Honor, I ask the Court to mark
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00:10:14,340 --> 00:10:16,375
as People's Exhibit 3,
a police photograph
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00:10:16,443 --> 00:10:19,411
of what appears to be a bruise
on the alleged victim's arm.
240
00:10:20,880 --> 00:10:22,281
Does this photo accurately
depict the injury
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00:10:22,348 --> 00:10:24,349
- that you saw on Nikki's arm?
- Yes.
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00:10:24,433 --> 00:10:26,151
Did she tell you what happened?
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00:10:26,219 --> 00:10:27,914
- She fell.
- Your Honor, I have 12 sets
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00:10:27,938 --> 00:10:30,401
of medical records,
all received with affidavits
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00:10:30,473 --> 00:10:32,631
dated from 2013 until the current day
246
00:10:32,687 --> 00:10:34,326
indicating 12 different times
247
00:10:34,394 --> 00:10:36,361
Nikki Gessner was treated for injuries.
248
00:10:36,429 --> 00:10:39,531
All 12 times, the reason that's stated?
249
00:10:39,599 --> 00:10:41,467
- She fell.
- So marked.
250
00:10:55,148 --> 00:10:56,315
You got a life preserver in there?
251
00:10:56,382 --> 00:10:57,516
I enjoy being prepared.
252
00:10:57,584 --> 00:10:59,218
Everything's gonna be okay.
253
00:11:02,655 --> 00:11:06,091
So, you want to tell me
what we're doing in Rosarito?
254
00:11:06,159 --> 00:11:08,660
A mother waiting
for her 9-year-old daughter.
255
00:11:08,728 --> 00:11:10,095
I thought it was time you see
256
00:11:10,163 --> 00:11:12,598
what it is I do, firsthand.
257
00:11:15,768 --> 00:11:16,968
Mr. Lori.
258
00:11:17,057 --> 00:11:18,374
You left the Sheriff's Department,
259
00:11:18,398 --> 00:11:19,417
- yes or no?
- Yes.
260
00:11:19,492 --> 00:11:21,206
And no other law agency would
hire you, is that correct?
261
00:11:21,274 --> 00:11:22,708
- Yes.
- So isn't it fair to say
262
00:11:22,775 --> 00:11:24,443
that the only reason you're here today
263
00:11:24,511 --> 00:11:26,778
is because you can't get over
the fact that you were fired?
264
00:11:26,846 --> 00:11:28,580
- Objection. Argumentative.
- Sustained.
265
00:11:28,648 --> 00:11:29,815
How many excessive force complaints
266
00:11:29,883 --> 00:11:31,216
have been filed against you, sir?
267
00:11:31,284 --> 00:11:33,905
- I don't know.
- I do. Six.
268
00:11:33,991 --> 00:11:37,289
Along with racist comments,
harassment, misconduct...
269
00:11:37,357 --> 00:11:39,525
Objection. Counsel is not
testifying here.
270
00:11:39,592 --> 00:11:41,693
This is improper impeachment
and assumes facts.
271
00:11:41,761 --> 00:11:43,929
Sustained. Ms. Cuthbert?
272
00:11:48,587 --> 00:11:51,089
I have no further questions, Your Honor.
273
00:11:52,972 --> 00:11:55,641
Mr. Lori, you may step down.
274
00:11:55,708 --> 00:11:57,743
We will resume after lunch.
275
00:12:08,121 --> 00:12:10,489
Now I get why they call you Cutthroat.
276
00:12:18,279 --> 00:12:22,081
Hey. I just realized,
the night I was shot?
277
00:12:22,149 --> 00:12:23,349
McCarthy was there.
278
00:12:23,417 --> 00:12:24,984
Why didn't you tell me this before?
279
00:12:25,052 --> 00:12:26,519
I didn't know it was him.
280
00:12:26,587 --> 00:12:28,621
- And you're positive?
- I'll never forget
281
00:12:28,689 --> 00:12:30,957
that bastard's voice as long as I live.
282
00:12:42,178 --> 00:12:44,185
Sir.
283
00:12:44,210 --> 00:12:45,510
New information has come to light
284
00:12:45,535 --> 00:12:47,235
about the night Omar Aziz was shot.
285
00:12:47,517 --> 00:12:49,985
We learned that there was
another officer on the scene
286
00:12:50,010 --> 00:12:52,111
who helped Rashel cover... McCarthy.
287
00:12:53,131 --> 00:12:54,997
- Can you prove it?
- With Rashel's testimony.
288
00:12:55,053 --> 00:12:56,566
If Mark can get him on the stand,
289
00:12:56,622 --> 00:12:58,518
he'll get Rashel to admit it.
290
00:12:58,542 --> 00:13:00,261
I think it's best if we just stick
291
00:13:00,286 --> 00:13:03,227
with the four other witnesses
you have... or call Aziz.
292
00:13:03,366 --> 00:13:05,167
Omar Aziz was in and out
of consciousness.
293
00:13:05,235 --> 00:13:06,702
He never actually saw anyone.
294
00:13:06,770 --> 00:13:08,804
Pete Rashel was there.
He's the only person
295
00:13:08,872 --> 00:13:11,274
who can place McCarthy
at the scene of the crime.
296
00:13:13,016 --> 00:13:14,650
It's worth a shot.
297
00:13:14,811 --> 00:13:16,487
Yeah.
298
00:13:17,113 --> 00:13:19,748
Good luck. I hope you're right.
299
00:13:28,124 --> 00:13:29,358
I'm proud of you.
300
00:13:29,426 --> 00:13:31,360
So many people aren't brave enough
301
00:13:31,428 --> 00:13:32,995
to stand up for children.
302
00:13:33,062 --> 00:13:34,463
I don't know if I'd call it brave.
303
00:13:34,531 --> 00:13:36,632
I'm just trying to do the right thing
304
00:13:36,699 --> 00:13:38,901
for Nikki, Grandpa.
305
00:13:39,615 --> 00:13:41,888
Oh, no. It's Nikki.
306
00:13:41,928 --> 00:13:43,505
- What should I do?
- I... I'm not...
307
00:13:43,573 --> 00:13:45,107
I'm not supposed to talk to her.
308
00:13:45,175 --> 00:13:46,708
- I mean, should I answer?
- Could she be in trouble?
309
00:13:46,776 --> 00:13:49,650
Nikki. Is everything okay?
310
00:13:49,701 --> 00:13:52,414
I hate you! You've ruined my life!
311
00:13:52,482 --> 00:13:54,216
You just don't understand.
312
00:13:54,284 --> 00:13:55,684
She didn't mean anything by it.
313
00:13:55,752 --> 00:13:57,686
- She just gets mad sometimes.
- Nikki...
314
00:13:57,754 --> 00:14:00,122
you don't have to make excuses
for her any longer, okay?
315
00:14:00,190 --> 00:14:01,757
They want me to testify. I can't.
316
00:14:01,825 --> 00:14:03,625
- Do you want your mom to get better?
- Yes.
317
00:14:03,693 --> 00:14:06,595
Then you need to testify
and tell the truth.
318
00:14:06,663 --> 00:14:09,564
No! I can't. She'll get mad.
319
00:14:11,793 --> 00:14:13,127
Give her time. She'll realize
320
00:14:13,152 --> 00:14:15,153
you're just trying to do
what's best for her.
321
00:14:17,920 --> 00:14:19,120
They were separated last year
322
00:14:19,145 --> 00:14:20,979
when they tried to cross
the U.S. border.
323
00:14:21,004 --> 00:14:22,638
It's taken us months, a lot of money,
324
00:14:22,663 --> 00:14:24,397
and a whole legal team to get
this child out of ICE custody.
325
00:14:24,422 --> 00:14:26,223
Child? I thought... I thought
we were here for the mom.
326
00:14:26,248 --> 00:14:28,682
Kids in cages isn't just a hashtag.
327
00:14:28,707 --> 00:14:30,208
Usually parents are deported,
328
00:14:30,525 --> 00:14:33,194
and the kids are
left behind in the States.
329
00:14:37,047 --> 00:14:39,315
I'm here to pick up Bella Flores.
330
00:14:39,340 --> 00:14:41,207
Paperwork?
331
00:14:41,531 --> 00:14:43,632
- Give me a second.
- Thank you.
332
00:14:45,301 --> 00:14:47,336
Bella's been here for over a year
333
00:14:47,403 --> 00:14:49,771
while her mother's deported
back to Mexico.
334
00:14:53,810 --> 00:14:54,610
Bella...
335
00:14:54,677 --> 00:14:57,212
_
336
00:15:14,764 --> 00:15:16,392
Alma.
337
00:15:16,452 --> 00:15:18,567
Uh...
338
00:15:20,169 --> 00:15:22,263
_
339
00:15:22,345 --> 00:15:25,653
_
340
00:15:25,708 --> 00:15:28,076
_
341
00:15:28,160 --> 00:15:32,542
_
342
00:15:33,183 --> 00:15:35,183
_
343
00:15:39,397 --> 00:15:40,331
_
344
00:15:40,355 --> 00:15:42,729
_
345
00:15:42,753 --> 00:15:44,753
_
346
00:15:44,797 --> 00:15:47,300
_
347
00:15:47,374 --> 00:15:48,974
_
348
00:15:48,998 --> 00:15:50,365
Nos vemos pronto.
349
00:15:50,433 --> 00:15:52,734
Thank you.
350
00:15:52,802 --> 00:15:54,120
Okay?
351
00:15:55,038 --> 00:15:56,004
- Lista?
- S�.
352
00:15:56,072 --> 00:15:57,139
Okay!
353
00:15:57,206 --> 00:15:59,308
_
354
00:15:59,375 --> 00:16:01,009
- Thank you, Emily.
- Okay.
355
00:16:01,077 --> 00:16:02,611
Thank you.
356
00:16:05,448 --> 00:16:07,583
How often did you talk to Nikki?
357
00:16:07,650 --> 00:16:09,451
Two or three times a week.
358
00:16:09,519 --> 00:16:11,253
I was tutoring her in many subjects.
359
00:16:11,321 --> 00:16:12,688
- Was it always by Zoom?
- Usually.
360
00:16:12,755 --> 00:16:14,423
Sometimes if I were out,
Nikki would call me.
361
00:16:14,490 --> 00:16:16,358
Does Nikki ever get upset with you?
362
00:16:16,426 --> 00:16:19,061
No. Not that I can recall.
363
00:16:19,128 --> 00:16:21,163
- Though, today she was...
- Today?
364
00:16:21,230 --> 00:16:23,198
You spoke with Nikki today?
365
00:16:23,266 --> 00:16:24,745
I... yes.
366
00:16:24,828 --> 00:16:27,069
Well, she... she called,
and I-I was worried that...
367
00:16:27,136 --> 00:16:28,570
Ms. Castillo, you were given
368
00:16:28,638 --> 00:16:31,440
a direct order by this Court
to have no contact
369
00:16:31,507 --> 00:16:33,508
with the alleged victim
until this trial was over.
370
00:16:33,576 --> 00:16:35,744
- Yes, Your Honor.
- And you're saying, for the record,
371
00:16:35,812 --> 00:16:38,447
that you had direct contact with
the alleged victim just today?
372
00:16:38,514 --> 00:16:41,249
Yes, Your Honor. I... I'm sorry.
373
00:16:41,317 --> 00:16:43,652
This is in direct violation.
The Defense requests sanctions.
374
00:16:43,720 --> 00:16:45,253
The People disagree.
Unless there's a showing
375
00:16:45,321 --> 00:16:47,089
- of improper influence...
- Enough, you two.
376
00:16:47,156 --> 00:16:49,825
I'm not gonna spend any time
on a contempt hearing
377
00:16:49,892 --> 00:16:52,694
about what Ms. Castillo did
or did not say to Miss Gessner.
378
00:16:52,762 --> 00:16:54,630
But she is in violation
of the Court's order,
379
00:16:54,697 --> 00:16:57,225
and I'll take a request
for sanctions under submission.
380
00:16:59,268 --> 00:17:00,820
What were you thinking?
381
00:17:00,923 --> 00:17:02,557
I just wanted to help.
382
00:17:02,582 --> 00:17:04,049
Nikki's going through a lot right now.
383
00:17:04,074 --> 00:17:05,208
She will go through a hell of a lot more
384
00:17:05,233 --> 00:17:06,692
if we lose this thing. Sara,
385
00:17:06,717 --> 00:17:08,284
you are my star witness.
386
00:17:08,309 --> 00:17:10,310
If Delgado disregards
your testimony, we're done.
387
00:17:10,335 --> 00:17:11,439
Well, you still have Nikki.
388
00:17:11,463 --> 00:17:14,739
Who is a hostile witness
and refusing to testify.
389
00:17:14,845 --> 00:17:16,312
I can't.
390
00:17:29,666 --> 00:17:31,733
Mr. Rashel, why are you
in Kern State Prison?
391
00:17:31,801 --> 00:17:33,502
- Assault with a firearm.
- That was for the shooting
392
00:17:33,569 --> 00:17:35,470
of Omar Aziz on March 6, 2012.
393
00:17:35,538 --> 00:17:37,472
- Yes.
- Would you please tell the court why
394
00:17:37,540 --> 00:17:39,421
- you shot Mr. Aziz?
- I was a rookie.
395
00:17:39,445 --> 00:17:40,575
I got a call that a prowler
396
00:17:40,643 --> 00:17:41,643
had been spotted on the premises.
397
00:17:41,711 --> 00:17:43,111
He was carrying a gun.
398
00:17:43,179 --> 00:17:45,847
He came out of nowhere and I reacted.
399
00:17:45,915 --> 00:17:48,389
Is it true that you
planted a gun at the scene?
400
00:17:48,413 --> 00:17:50,357
Yes. Once I realized my mistake,
401
00:17:50,447 --> 00:17:52,037
I didn't want to get in trouble.
402
00:17:52,122 --> 00:17:54,016
- Were you trained to do that?
- Objection. Relevance.
403
00:17:54,068 --> 00:17:56,425
Sustained as phrased.
Lay a foundation, please.
404
00:17:56,492 --> 00:17:57,550
Mr. Rashel, do you see
405
00:17:57,621 --> 00:17:59,439
your field training deputy
in court here today?
406
00:17:59,463 --> 00:18:01,164
- Deputy McCarthy.
- Identifying the defendant.
407
00:18:01,231 --> 00:18:03,833
Did the defendant teach you
how to plant evidence?
408
00:18:03,901 --> 00:18:05,201
- Same objection.
- Overruled.
409
00:18:05,269 --> 00:18:06,669
You may answer the question.
410
00:18:06,737 --> 00:18:09,505
Um... uh...
411
00:18:09,573 --> 00:18:10,640
I don't recall.
412
00:18:10,707 --> 00:18:12,208
Did you speak with Mr. McCarthy
413
00:18:12,276 --> 00:18:14,643
- after you shot Omar Aziz that night?
- Objection.
414
00:18:14,711 --> 00:18:18,088
I have not received any
statements to this effect.
415
00:18:18,113 --> 00:18:19,981
If Counsel knows something
that I do not,
416
00:18:20,006 --> 00:18:21,237
he has not turned it over.
417
00:18:21,271 --> 00:18:23,132
If not, this is a fishing expedition.
418
00:18:23,212 --> 00:18:24,208
- Mr. Callan.
- Your Honor, everything
419
00:18:24,232 --> 00:18:26,212
- has been disclosed.
- The objection is overruled.
420
00:18:26,290 --> 00:18:27,944
Mr. Rashel, was Deputy Wayne McCarthy
421
00:18:27,982 --> 00:18:31,344
present at the crime scene
on March 6th, 2012?
422
00:18:38,022 --> 00:18:39,856
I don't recall.
423
00:19:04,864 --> 00:19:05,992
- What are you doing?
- I know what happened
424
00:19:06,016 --> 00:19:07,299
with Rashel and Lori.
425
00:19:07,324 --> 00:19:08,691
- Put me on the stand.
- No.
426
00:19:08,716 --> 00:19:10,216
- You don't have a choice.
- It's my case. Yes, I do.
427
00:19:10,241 --> 00:19:11,675
This is not about you. It's about me,
428
00:19:11,700 --> 00:19:13,668
- my chance to make amends.
- Luke, if you testify
429
00:19:13,693 --> 00:19:16,194
that you falsified evidence,
you could lose your job.
430
00:19:16,219 --> 00:19:19,455
And if I don't, McCarthy wins.
431
00:19:21,154 --> 00:19:23,355
- I'll find another way.
- Everyone else on that list
432
00:19:23,380 --> 00:19:26,014
is gonna follow rank
and say, "I don't recall."
433
00:19:26,419 --> 00:19:27,853
I'm not intimidated by McCarthy.
434
00:19:27,921 --> 00:19:30,194
Let me help you take him down.
435
00:19:44,104 --> 00:19:47,190
- You weren't supposed to be here.
- I can't...
436
00:19:47,215 --> 00:19:49,316
We can't keep living like this.
437
00:19:49,341 --> 00:19:51,342
- What are we doing?
- I don't know.
438
00:19:53,013 --> 00:19:54,760
- I miss you.
- Amy...
439
00:19:57,305 --> 00:19:58,717
You look so tired.
440
00:20:01,568 --> 00:20:03,335
How you holding up?
441
00:20:06,693 --> 00:20:08,293
Luke wants to testify.
442
00:20:09,108 --> 00:20:10,729
What are you gonna do?
443
00:20:12,845 --> 00:20:16,048
I'm just gonna, uh... get my bag.
444
00:20:17,457 --> 00:20:18,743
Leave.
445
00:20:29,249 --> 00:20:30,755
Good night, Bella.
446
00:20:32,118 --> 00:20:35,362
Do you know any songs?
My mommy always sang to me.
447
00:20:35,456 --> 00:20:38,257
You know who has
the most wonderful voice?
448
00:20:38,324 --> 00:20:39,866
Who?
449
00:20:41,254 --> 00:20:43,629
Joaquin, would you sing to me? Please?
450
00:20:43,696 --> 00:20:45,464
Yes, please, Joaquin?
451
00:20:45,532 --> 00:20:46,941
- If you insist.
- Oh, we do.
452
00:20:46,980 --> 00:20:48,577
Don't we? Mm-hmm.
453
00:20:55,441 --> 00:20:58,410
? Eres mi sol, mi �nico sol ?
454
00:20:58,611 --> 00:21:02,881
? Me haces feliz
cuando el cielo es gris ?
455
00:21:02,949 --> 00:21:06,752
? Nunca sabr�s cuanto yo te amo ?
456
00:21:06,820 --> 00:21:10,489
? As� que, Bella, no dejes de brillar ?
457
00:21:17,385 --> 00:21:19,220
That was beautiful.
458
00:21:21,607 --> 00:21:22,774
You're beautiful.
459
00:21:26,804 --> 00:21:28,854
It's Sam. Sorry.
460
00:21:29,776 --> 00:21:31,211
- Sam.
- Hey.
461
00:21:31,255 --> 00:21:33,378
- We need to talk... about Luke.
- Right now?
462
00:21:33,446 --> 00:21:34,680
Mark just called.
463
00:21:34,747 --> 00:21:36,168
Luke's gonna testify against McCarthy.
464
00:21:36,249 --> 00:21:37,783
What?! Why?
465
00:21:37,851 --> 00:21:40,185
He thinks it'll help Mark win.
466
00:21:40,253 --> 00:21:41,854
Please talk to him.
467
00:21:41,921 --> 00:21:44,723
Stop him from throwing away
his career. He'll listen to you.
468
00:21:48,528 --> 00:21:49,641
You okay?
469
00:21:49,715 --> 00:21:51,430
It's Luke. He's about to ruin
his entire career.
470
00:21:51,455 --> 00:21:53,056
I'm sorry. I need to call him.
471
00:21:53,166 --> 00:21:55,234
He's my friend, you know.
I-I would do it for you.
472
00:21:55,259 --> 00:21:56,293
Of course.
473
00:22:07,313 --> 00:22:08,778
- Hey, Em.
- What is this crazy talk
474
00:22:08,802 --> 00:22:10,409
I hear about you taking the stand?
475
00:22:10,474 --> 00:22:12,111
- Crazy is as crazy does.
- Don't joke.
476
00:22:12,171 --> 00:22:13,326
You can't do this.
477
00:22:13,350 --> 00:22:14,753
Em, everything you're getting
ready to say
478
00:22:14,821 --> 00:22:16,989
I've already heard from Choi,
479
00:22:17,056 --> 00:22:20,325
Mark, Sam, and my cousin Terrell.
480
00:22:20,350 --> 00:22:21,824
Then why aren't you listening?
481
00:22:23,016 --> 00:22:26,752
Please, Luke.
Your life's work is at stake,
482
00:22:26,777 --> 00:22:29,545
everything that you have sacrificed for,
483
00:22:29,570 --> 00:22:31,471
all of the years of hard work
484
00:22:31,496 --> 00:22:33,997
just gone, and for what?
485
00:22:34,022 --> 00:22:36,290
This is for me.
486
00:22:36,315 --> 00:22:38,916
But... I appreciate your concern
487
00:22:38,941 --> 00:22:40,275
and kinda love that you care.
488
00:22:40,300 --> 00:22:41,367
- Luke...
- My mind's made up.
489
00:22:41,801 --> 00:22:43,336
Good night, Em.
490
00:22:56,187 --> 00:22:58,388
You are gonna blow his career
491
00:22:58,462 --> 00:22:59,995
- if you call him.
- It's not my choice.
492
00:23:00,057 --> 00:23:02,258
You are the one who decides
which witnesses to call.
493
00:23:02,326 --> 00:23:03,667
You. Not Luke.
494
00:23:03,724 --> 00:23:05,695
And how is Judge Carmichael
gonna react when you do this?
495
00:23:05,763 --> 00:23:08,398
I'm not sure, but either way,
I have tried to convince him.
496
00:23:08,466 --> 00:23:10,133
He wants to right a wrong.
497
00:23:10,201 --> 00:23:12,802
His own restorative justice.
498
00:23:20,470 --> 00:23:22,504
Nikki, sitting where you are
takes courage.
499
00:23:22,529 --> 00:23:24,530
I'm gonna have to ask you
some questions, okay?
500
00:23:24,682 --> 00:23:26,182
Can you tell us a little bit
501
00:23:26,207 --> 00:23:28,208
about your mom's moods
on an average day?
502
00:23:28,319 --> 00:23:31,215
She, um, gets stressed out a lot.
503
00:23:31,240 --> 00:23:32,800
Her job's, like, really hard.
504
00:23:32,829 --> 00:23:34,899
When do you remember first
noticing she was stressed out?
505
00:23:34,923 --> 00:23:36,085
3, I think.
506
00:23:36,110 --> 00:23:38,795
It got worse when my dad died. I was 6.
507
00:23:38,863 --> 00:23:40,096
And how's it been this last year?
508
00:23:40,164 --> 00:23:42,112
She screams more and stuff,
509
00:23:42,152 --> 00:23:43,252
like, if she had a bad day.
510
00:23:43,277 --> 00:23:45,245
And what is the "stuff"?
511
00:23:46,737 --> 00:23:48,738
Does the stuff involve hitting you?
512
00:23:54,725 --> 00:23:57,460
Nikki, please answer the question.
513
00:23:58,575 --> 00:24:00,776
- A little, I guess.
- When she hits you, is it hard?
514
00:24:01,550 --> 00:24:03,968
- I don't know.
- Does it hurt?
515
00:24:06,997 --> 00:24:08,664
Sometimes.
516
00:24:10,546 --> 00:24:12,314
No further questions, Your Honor.
517
00:24:17,274 --> 00:24:18,875
Nikki...
518
00:24:18,961 --> 00:24:21,001
do you believe
that moms get mad sometimes?
519
00:24:21,071 --> 00:24:22,772
- Yeah.
- I do, too.
520
00:24:22,840 --> 00:24:25,442
'Cause I'm a mom, and I get mad.
521
00:24:25,509 --> 00:24:27,610
Do you know what
the word "discipline" means?
522
00:24:27,678 --> 00:24:30,598
When your parents punish you
to teach you a lesson?
523
00:24:30,623 --> 00:24:33,258
Yes. Is it possible
524
00:24:33,476 --> 00:24:38,279
that you're confusing
discipline with abuse?
525
00:24:39,290 --> 00:24:40,457
Yeah, maybe.
526
00:24:40,524 --> 00:24:42,125
No further questions, Your Honor.
527
00:24:42,193 --> 00:24:43,799
Would the People like to redirect?
528
00:24:45,234 --> 00:24:46,935
Yes, Your Honor.
529
00:24:49,500 --> 00:24:51,765
Nikki, many children receive discipline.
530
00:24:51,954 --> 00:24:53,188
My parents disciplined me.
531
00:24:53,213 --> 00:24:54,363
They would put me in a time-out,
532
00:24:54,405 --> 00:24:55,705
or take away a toy.
533
00:24:55,773 --> 00:24:58,942
Nikki, do you know
the definition of abuse?
534
00:24:59,009 --> 00:25:00,376
To hurt somebody?
535
00:25:00,444 --> 00:25:04,581
Yes. To treat a person
with cruelty or violence
536
00:25:04,945 --> 00:25:07,406
regularly or repeatedly.
537
00:25:13,104 --> 00:25:14,163
Nikki.
538
00:25:15,659 --> 00:25:17,327
Ms. Figueroa?
539
00:25:17,661 --> 00:25:19,496
When your kid gets a "C"
540
00:25:19,563 --> 00:25:23,099
or forgets to take out the trash,
541
00:25:23,167 --> 00:25:25,869
do you, like, hit her?
542
00:25:27,738 --> 00:25:31,274
Nikki, only the lawyers
can ask questions,
543
00:25:31,342 --> 00:25:33,390
and the witnesses can answer.
544
00:25:34,411 --> 00:25:35,645
Nikki...
545
00:25:35,670 --> 00:25:37,604
earlier you said you love your mother,
546
00:25:37,715 --> 00:25:40,183
and you believe that she
loves you too, correct?
547
00:25:40,251 --> 00:25:41,684
- Yeah.
- Do you think that maybe
548
00:25:41,752 --> 00:25:44,109
your mom needs a little bit of help
549
00:25:44,761 --> 00:25:47,563
learning how to show her love
in a better way?
550
00:25:47,691 --> 00:25:52,829
A way that doesn't involve
hurting you regularly?
551
00:25:57,007 --> 00:25:59,208
Nikki, you were saying yes
552
00:25:59,233 --> 00:26:01,167
in answering that question, correct?
553
00:26:01,752 --> 00:26:03,045
Yes.
554
00:26:06,102 --> 00:26:08,303
No more questions.
555
00:26:16,961 --> 00:26:19,196
All rise.
556
00:26:23,786 --> 00:26:25,053
You may be seated.
557
00:26:27,665 --> 00:26:29,832
Every fiber of my judicial being
558
00:26:29,900 --> 00:26:31,601
is dreading seeing Luke
up on that stand.
559
00:26:31,669 --> 00:26:33,653
I know. You're gonna be okay.
560
00:26:33,738 --> 00:26:35,138
Let's hope.
561
00:26:36,668 --> 00:26:38,229
People, you may call your next witness.
562
00:26:38,253 --> 00:26:39,576
Thank you, Your Honor.
563
00:26:39,601 --> 00:26:41,969
The People call
Luke Watkins to the stand.
564
00:26:47,324 --> 00:26:49,341
Please raise your right hand.
565
00:26:50,287 --> 00:26:52,488
Do you solemnly swear
the testimony you may give
566
00:26:52,513 --> 00:26:53,813
before this court shall be the truth,
567
00:26:53,838 --> 00:26:55,205
the whole truth
and nothing but the truth,
568
00:26:55,230 --> 00:26:57,398
- so help you God?
- I do.
569
00:27:04,602 --> 00:27:06,269
Mr. Watkins, what is
your current occupation?
570
00:27:06,337 --> 00:27:08,638
I am a deputy district attorney,
for the County of Los Angeles.
571
00:27:08,706 --> 00:27:09,973
And what was your former occupation?
572
00:27:10,040 --> 00:27:11,507
I was an L.A. County Sheriff's Deputy.
573
00:27:11,575 --> 00:27:12,809
Do you see your field training deputy
574
00:27:12,876 --> 00:27:14,510
- in court here today?
- Yes, I do.
575
00:27:14,578 --> 00:27:15,612
Sitting at the defense table.
576
00:27:15,679 --> 00:27:16,980
Identifying the defendant.
577
00:27:17,047 --> 00:27:18,815
When defendant McCarthy
was training you,
578
00:27:18,882 --> 00:27:20,850
what did he say was
the most important thing?
579
00:27:20,918 --> 00:27:23,953
Protect our own first, then the people.
580
00:27:24,021 --> 00:27:25,215
And what did you
understand that to mean?
581
00:27:25,294 --> 00:27:26,855
- Objection. Irrelevance.
- Overruled.
582
00:27:26,923 --> 00:27:28,523
Oh, so when it's one of her little cubs,
583
00:27:28,591 --> 00:27:30,292
- I get cut off at the knees.
- Ms. Cuthbert.
584
00:27:30,360 --> 00:27:31,524
- Yes?
- Is there something you care
585
00:27:31,548 --> 00:27:33,429
- to share with the Court?
- No. No.
586
00:27:33,510 --> 00:27:35,397
Mr. Watkins, you may continue.
587
00:27:35,465 --> 00:27:38,867
McCarthy's motto means
to protect our family,
588
00:27:38,935 --> 00:27:40,168
his sons, first.
589
00:27:40,236 --> 00:27:42,904
Did you receive immunity
to testify here today?
590
00:27:44,240 --> 00:27:45,607
No, I did not.
591
00:27:45,675 --> 00:27:47,075
Marking as People's Exhibit 10,
592
00:27:47,143 --> 00:27:49,745
a November 1, 2016, incident report
593
00:27:49,812 --> 00:27:51,947
filed by the Los Angeles County
Sheriff's Department.
594
00:27:52,015 --> 00:27:53,809
Sir, did you write and sign this report?
595
00:27:53,842 --> 00:27:54,850
Yes, I did.
596
00:27:54,875 --> 00:27:56,543
Did anything happen there
with defendant McCarthy?
597
00:27:56,568 --> 00:27:58,702
I was responding to a 211 robbery.
598
00:27:58,855 --> 00:28:01,289
I was in the other room
and heard a gunshot.
599
00:28:01,357 --> 00:28:03,692
- A deputy yelled, "Gun!"
- Did you see the perpetrator
600
00:28:03,760 --> 00:28:05,494
- in possession of a firearm?
- No, I did not.
601
00:28:05,561 --> 00:28:06,962
And yet in the police report,
602
00:28:07,030 --> 00:28:08,497
you indicated that you saw this man
603
00:28:08,564 --> 00:28:10,714
with a gun in his hand.
604
00:28:15,505 --> 00:28:17,239
- Yes, I did.
- Why?
605
00:28:17,264 --> 00:28:19,532
Deputy McCarthy told me
that's what happened.
606
00:28:19,557 --> 00:28:21,558
I trusted him.
He was my training officer
607
00:28:21,583 --> 00:28:24,084
and my mentor,
so I wrote it on the report
608
00:28:24,109 --> 00:28:25,343
as he told me to.
609
00:28:25,368 --> 00:28:26,435
No further questions, Your Honor.
610
00:28:26,460 --> 00:28:27,827
Ms. Cuthbert, your witness.
611
00:28:27,852 --> 00:28:29,741
Mr. Watkins, what time did you speak
612
00:28:29,766 --> 00:28:32,200
with Deputy McCarthy about the incident?
613
00:28:32,225 --> 00:28:34,860
I don't know the exact time.
That day, per protocol.
614
00:28:34,885 --> 00:28:36,652
Well, the report was filed at 8:15 a.m.,
615
00:28:36,833 --> 00:28:38,467
so to the best of your recollection,
616
00:28:38,492 --> 00:28:40,259
what time did you speak
with Deputy McCarthy?
617
00:28:40,284 --> 00:28:42,285
- Before I signed it.
- But you just conveniently
618
00:28:42,310 --> 00:28:43,710
can't remember the time?
619
00:28:43,735 --> 00:28:45,669
A good little type-A soldier
like you? I doubt it.
620
00:28:45,694 --> 00:28:47,309
- Objection. Argumentative.
- Sustained.
621
00:28:47,470 --> 00:28:48,637
Ms. Cuthbert, watch your tongue.
622
00:28:48,705 --> 00:28:50,305
You filed a report before speaking
623
00:28:50,373 --> 00:28:51,673
with Deputy McCarthy.
624
00:28:51,741 --> 00:28:53,475
The truth is, you're here
just to cover up
625
00:28:53,543 --> 00:28:54,873
- your little oopsie.
- Objection.
626
00:28:54,897 --> 00:28:56,078
Assumes facts not in evidence.
627
00:28:56,145 --> 00:28:58,146
Sustained. Ms. Cuthbert,
I am warning you.
628
00:28:58,214 --> 00:29:00,922
Mr. Watkins, isn't it true that you were
629
00:29:00,980 --> 00:29:02,918
the bailiff for Judge Carmichael?
630
00:29:02,985 --> 00:29:07,089
Enough, Counsel! In my chambers, now.
631
00:29:10,226 --> 00:29:13,128
All right, DDA Callan has
waived his right to be here.
632
00:29:13,196 --> 00:29:14,596
- Thank you, Sherri.
- I apologize
633
00:29:14,664 --> 00:29:15,864
for my sharp tongue.
634
00:29:15,932 --> 00:29:17,365
I do not apologize for doing my job.
635
00:29:17,433 --> 00:29:18,934
Nor should you, but this is about
636
00:29:19,001 --> 00:29:20,869
your blatant disrespect
for me and the witness.
637
00:29:20,937 --> 00:29:22,838
Fine, what about your blatant
disrespect for me
638
00:29:22,905 --> 00:29:24,125
and the officers I defend,
639
00:29:24,149 --> 00:29:25,332
- the good ones?
- Ms. Cuthbert,
640
00:29:25,375 --> 00:29:26,942
I doubt we would be
in one of the largest
641
00:29:27,009 --> 00:29:28,777
civil rights movements
in history if there were
642
00:29:28,845 --> 00:29:30,712
an abundance of these
"good ones" you speak of.
643
00:29:30,780 --> 00:29:32,140
You don't understand the toll it takes.
644
00:29:32,224 --> 00:29:35,350
I have seen too many
marriages and livers destroyed
645
00:29:35,418 --> 00:29:37,185
- to serve and protect us.
- Define "us."
646
00:29:37,253 --> 00:29:39,788
Because the "us" I know
is not being protected.
647
00:29:39,856 --> 00:29:41,356
There are some, just like there are
648
00:29:41,424 --> 00:29:43,191
- some corrupt judges, I imagine.
- A corrupt judge
649
00:29:43,259 --> 00:29:45,827
does not murder and then hide
behind their union.
650
00:29:45,895 --> 00:29:49,030
A judge doesn't need a union,
just a robe.
651
00:29:49,055 --> 00:29:50,422
I'm curious to see what kind of judge
652
00:29:50,447 --> 00:29:51,647
you're going to be in a few years
653
00:29:51,672 --> 00:29:53,106
when you're not so wet behind the ears
654
00:29:53,131 --> 00:29:56,500
and have learned the rules of the game.
655
00:29:56,525 --> 00:29:58,660
A split second to decide...
656
00:29:58,848 --> 00:30:01,116
whether it's my life or yours
is not a lot of time.
657
00:30:01,141 --> 00:30:02,708
I protect the good ones.
McCarthy's a good one.
658
00:30:02,733 --> 00:30:06,169
Save it for your closing, Ms. Cuthbert.
659
00:30:12,021 --> 00:30:14,022
Facing a father figure
on the other side of justice
660
00:30:14,090 --> 00:30:16,324
- is no small feat.
- I remember.
661
00:30:16,392 --> 00:30:17,959
Thank you.
662
00:30:19,028 --> 00:30:20,862
- I gave it all I had.
- And the jury felt that.
663
00:30:20,930 --> 00:30:23,231
Luke's tug on their
heartstrings means McCarthy
664
00:30:23,299 --> 00:30:25,200
will only be
more desperate to charm them.
665
00:30:25,268 --> 00:30:27,102
I know McCarthy helped Pete Rashel.
666
00:30:27,170 --> 00:30:28,670
I trust Omar. I trust my gut.
667
00:30:28,738 --> 00:30:29,905
Omar never mentioned anyone else,
668
00:30:29,972 --> 00:30:31,339
so you didn't look for anyone else.
669
00:30:31,407 --> 00:30:32,808
Okay, so then there's gotta be evidence
670
00:30:32,875 --> 00:30:34,376
- that McCarthy was there.
- I'll look again.
671
00:30:34,443 --> 00:30:38,914
- We are so close.
- Being close doesn't close.
672
00:30:41,184 --> 00:30:43,151
You gotta nail McCarthy in his heart.
673
00:30:43,219 --> 00:30:45,086
- How?
- Family's his Achilles' heel.
674
00:30:45,154 --> 00:30:47,422
Two wives down, kids don't talk to him.
675
00:30:47,490 --> 00:30:51,526
Sheriff deputies are the only
family that he's got left.
676
00:30:54,530 --> 00:30:56,338
Okay, Mama.
677
00:30:58,000 --> 00:30:59,835
Okay.
678
00:30:59,902 --> 00:31:02,337
_
679
00:31:09,197 --> 00:31:10,965
Alma?
680
00:31:13,249 --> 00:31:14,716
_
681
00:31:15,518 --> 00:31:18,119
Hey, don't worry. She's coming.
682
00:31:18,187 --> 00:31:19,688
Okay?
683
00:31:24,126 --> 00:31:27,162
- Isabella?
- Hey, Mama!
684
00:31:31,002 --> 00:31:32,852
_
685
00:31:41,544 --> 00:31:43,211
_
686
00:31:43,768 --> 00:31:46,363
_
687
00:31:52,623 --> 00:31:55,205
_
688
00:31:55,231 --> 00:31:57,703
_
689
00:31:59,128 --> 00:32:01,463
Oh, so I'm nice and she's the cool one?
690
00:32:01,530 --> 00:32:03,131
- Well, duh.
- Emily?
691
00:32:03,199 --> 00:32:04,933
Will you still be my friends?
692
00:32:08,037 --> 00:32:10,639
_
693
00:32:10,706 --> 00:32:13,341
Okay?
694
00:32:35,878 --> 00:32:37,356
Okay, wait.
695
00:32:39,855 --> 00:32:41,689
Check out that time.
696
00:32:47,859 --> 00:32:49,593
Took him four minutes to call dispatch.
697
00:32:49,660 --> 00:32:50,894
- Plenty of time...
- To call McCarthy.
698
00:32:50,962 --> 00:32:52,829
You didn't get it from Rashel,
699
00:32:52,897 --> 00:32:54,752
so you have to get it from McCarthy.
700
00:32:54,805 --> 00:32:56,533
Yes, sir.
701
00:32:58,870 --> 00:33:01,004
No pressure, Callan.
702
00:33:01,072 --> 00:33:03,073
It's McCarthy or bust.
703
00:33:04,709 --> 00:33:07,777
The Court finds the defendant
guilty of count one,
704
00:33:07,845 --> 00:33:10,547
a violation of Penal Code 273.
705
00:33:10,615 --> 00:33:13,183
Ms. Gessner, you will be
placed on 48 months of probation
706
00:33:13,251 --> 00:33:16,519
and complete one year
of approved parenting classes.
707
00:33:16,587 --> 00:33:18,188
Oh, my God.
708
00:33:18,256 --> 00:33:19,689
This cannot be happening.
709
00:33:20,357 --> 00:33:23,894
Ms. Gessner, you have the opportunity
710
00:33:23,961 --> 00:33:26,930
to end a cycle of violence
and generational trauma
711
00:33:26,998 --> 00:33:29,032
for your daughter
and perhaps even her daughters.
712
00:33:29,100 --> 00:33:30,867
- Do you understand?
- I do, Your Honor.
713
00:33:30,935 --> 00:33:32,869
Before Nikki is removed from the care
714
00:33:32,937 --> 00:33:35,438
of her aunt and uncle
and placed back in your care,
715
00:33:35,506 --> 00:33:37,253
you will return to this courtroom
716
00:33:37,310 --> 00:33:39,409
and prove that you are a fit mother.
717
00:33:39,434 --> 00:33:41,301
Yes, Your Honor.
718
00:33:41,878 --> 00:33:43,505
We are adjourned.
719
00:34:05,116 --> 00:34:06,583
Sara.
720
00:34:06,608 --> 00:34:08,576
This could not... It would not
721
00:34:08,758 --> 00:34:11,227
- have happened without you.
- Or you.
722
00:34:11,252 --> 00:34:14,327
I knew Nikki would
take to you. Who wouldn't?
723
00:34:14,953 --> 00:34:18,081
God, you have been
lugging that thing around.
724
00:34:18,149 --> 00:34:19,883
Just do it.
725
00:34:20,918 --> 00:34:24,671
It's Mark's lucky pen,
726
00:34:24,868 --> 00:34:26,135
bite marks and all.
727
00:34:26,357 --> 00:34:28,224
Very sweet.
728
00:34:28,249 --> 00:34:29,616
Kind of.
729
00:34:29,674 --> 00:34:31,775
Congratulations.
730
00:34:35,657 --> 00:34:38,025
Sara, you saved Nikki.
731
00:34:39,036 --> 00:34:40,603
Thank you.
732
00:34:41,859 --> 00:34:45,094
It felt different to help,
733
00:34:45,449 --> 00:34:47,684
not just type. I...
734
00:34:47,979 --> 00:34:49,679
had a voice.
735
00:34:52,041 --> 00:34:56,164
I think I might want some time
to figure some stuff out.
736
00:34:56,189 --> 00:34:57,579
You deserve it.
737
00:34:59,135 --> 00:35:00,707
Take what you need.
738
00:35:15,285 --> 00:35:16,586
And why do you do this job?
739
00:35:16,611 --> 00:35:18,412
It's a sacrifice I choose
740
00:35:18,437 --> 00:35:20,338
to make my community a better place.
741
00:35:20,390 --> 00:35:22,525
Ms. Cuthbert, if I weren't sitting here
742
00:35:22,550 --> 00:35:26,135
impuissant, in this squander
of time and tax dollars,
743
00:35:26,160 --> 00:35:28,977
- tonight I could be of service.
- Objection. Your Honor, he's clearly
744
00:35:29,002 --> 00:35:30,603
trying to engender sympathy
with the jury.
745
00:35:30,628 --> 00:35:32,596
Let him have his say, Counsel.
It is for the jury
746
00:35:32,629 --> 00:35:35,964
to judge the credibility of the witness.
747
00:35:36,200 --> 00:35:37,767
Continue, Deputy McCarthy.
748
00:35:37,794 --> 00:35:39,862
Well, I'm simply saying, Your Honor,
749
00:35:39,887 --> 00:35:42,121
that I do what I do to protect
750
00:35:42,333 --> 00:35:47,546
your mother, your sister,
brother, or father.
751
00:35:47,844 --> 00:35:49,177
No further questions, Your Honor.
752
00:35:49,202 --> 00:35:51,537
- Cross-examination?
- Thank you, Your Honor.
753
00:35:52,259 --> 00:35:53,943
Mr. McCarthy, these young deputies,
754
00:35:54,011 --> 00:35:56,613
- they're like family to you?
- Absolutely. They're my sons.
755
00:35:56,638 --> 00:35:57,972
- You protect them over the public.
- No.
756
00:35:57,997 --> 00:35:59,464
Protecting them
is protecting the public.
757
00:35:59,489 --> 00:36:00,923
Sure, there are rules and laws,
758
00:36:00,948 --> 00:36:03,016
but above all else,
you protect your "sons"
759
00:36:03,041 --> 00:36:04,842
and you teach them to protect
one another, is that right?
760
00:36:04,867 --> 00:36:06,331
- Yes.
- Who wins, Mr. McCarthy,
761
00:36:06,355 --> 00:36:07,867
when protecting your sons
762
00:36:07,892 --> 00:36:09,426
goes against protecting the public?
763
00:36:09,493 --> 00:36:11,561
You protect your sons, right?
You protect the line.
764
00:36:11,629 --> 00:36:13,203
'Cause you'd do anything for them.
765
00:36:13,228 --> 00:36:14,773
- That's what you said, right?
- You ever hear the death wail, Callan?
766
00:36:14,799 --> 00:36:16,188
I'm not the one on trial, Mr. McCarthy.
767
00:36:16,212 --> 00:36:17,360
No, you have not.
768
00:36:17,421 --> 00:36:20,070
You never forget it. You can't.
769
00:36:20,137 --> 00:36:22,338
I remember each and every one...
770
00:36:22,363 --> 00:36:24,698
Their pitch, how guttural.
771
00:36:24,723 --> 00:36:26,090
The name they call for.
772
00:36:26,243 --> 00:36:28,461
Because I'm the one
who knocks on your door
773
00:36:28,486 --> 00:36:30,487
when it's your girlfriend.
774
00:36:30,761 --> 00:36:33,196
You crumble into my arms.
775
00:36:34,491 --> 00:36:36,559
So I teach my sons
how to protect themselves
776
00:36:36,584 --> 00:36:39,252
because we protect you, Mr. Callan.
777
00:36:39,296 --> 00:36:41,574
And it's not real until it is you.
778
00:36:42,100 --> 00:36:45,161
My boys need a father who can teach them
779
00:36:45,186 --> 00:36:46,446
how to stay alive.
780
00:36:46,471 --> 00:36:48,739
And you're just the man
for the job, right?
781
00:36:48,913 --> 00:36:50,944
'Cause they're your family.
They're your sons.
782
00:36:50,968 --> 00:36:52,669
- Are they your real family?
- That's what I said.
783
00:36:52,736 --> 00:36:54,104
Or your only family left?
784
00:36:54,171 --> 00:36:55,672
Not your two ex-wives or your children,
785
00:36:55,739 --> 00:36:56,840
Michaela and Chris,
who don't want to have
786
00:36:56,907 --> 00:36:58,108
- anything to do with you?
- Objection.
787
00:36:58,133 --> 00:36:59,200
Question withdrawn, Your Honor.
788
00:36:59,225 --> 00:37:00,891
One final question for you,
Mr. McCarthy.
789
00:37:01,045 --> 00:37:02,979
On the night that Omar Aziz was shot,
790
00:37:03,047 --> 00:37:04,855
did you receive a call
from Peter Rashel?
791
00:37:04,879 --> 00:37:06,216
Yes, I did.
792
00:37:06,875 --> 00:37:09,219
He... He was scared. I calmed him down.
793
00:37:09,244 --> 00:37:11,012
Did you then meet former Deputy Rashel
794
00:37:11,037 --> 00:37:12,505
at the scene of the crime?
795
00:37:13,824 --> 00:37:15,458
Yes, I did.
796
00:37:15,526 --> 00:37:18,194
Then why is there no record
of you having ever been there?
797
00:37:18,219 --> 00:37:20,887
I offered my support and then had a...
798
00:37:20,912 --> 00:37:23,558
- personal matter to tend to.
- You left.
799
00:37:24,641 --> 00:37:26,108
If you're such a great father,
800
00:37:26,133 --> 00:37:28,368
why would you leave one of your sons,
801
00:37:28,393 --> 00:37:29,994
a young deputy, in way over his head
802
00:37:30,019 --> 00:37:31,886
with only you to protect him,
when all he needed was you
803
00:37:31,911 --> 00:37:33,812
- in his corner?
- Objection. Argumentative.
804
00:37:33,837 --> 00:37:35,240
- Overruled.
- You said you would do
805
00:37:35,264 --> 00:37:36,538
anything for one of your sons
806
00:37:36,563 --> 00:37:38,230
and yet you are
such a failure of a father
807
00:37:38,341 --> 00:37:40,142
that when this young man
needed you the most,
808
00:37:40,167 --> 00:37:41,968
you were nowhere to be found.
Is that correct?
809
00:37:41,993 --> 00:37:43,928
- Objection, argumentative!
- Or were you there for him,
810
00:37:43,953 --> 00:37:45,654
to protect him as a father?
811
00:37:45,679 --> 00:37:48,013
Of course I protected him. He needed me.
812
00:37:48,038 --> 00:37:49,472
Did you protect Peter Rashel
813
00:37:49,774 --> 00:37:51,775
by instructing him exactly
how to cover up
814
00:37:51,800 --> 00:37:54,535
- the shooting of Omar Aziz?
- Do not answer that.
815
00:37:54,560 --> 00:37:55,860
Did you protect Pete Rashel
816
00:37:55,885 --> 00:37:57,686
by instructing him exactly
how to cover up
817
00:37:57,711 --> 00:37:59,945
- the shooting of Omar Aziz?
- Do not answer that question.
818
00:37:59,970 --> 00:38:01,613
Did you instruct him how to cover up...
819
00:38:01,638 --> 00:38:03,014
What do you think?
820
00:38:06,310 --> 00:38:08,520
No further questions, Your Honor.
821
00:38:16,452 --> 00:38:18,353
Has the jury reached a verdict?
822
00:38:18,378 --> 00:38:19,545
We have, Your Honor.
823
00:38:19,570 --> 00:38:21,574
Will the defendant please rise?
824
00:38:22,193 --> 00:38:24,827
"Superior Court of California,
County of Los Angeles,
825
00:38:24,895 --> 00:38:26,396
"we the jury find the defendant
826
00:38:26,463 --> 00:38:29,624
guilty of the crime of
conspiracy to obstruct justice."
827
00:38:37,627 --> 00:38:39,061
Ladies and gentlemen of the jury,
828
00:38:39,086 --> 00:38:41,854
thank you for your service.
You are dismissed.
829
00:38:42,079 --> 00:38:44,981
Deputy McCarthy, you abused your badge
830
00:38:45,006 --> 00:38:47,941
and used it as a weapon of privilege,
831
00:38:48,052 --> 00:38:50,186
thinking you were entitled
to break the law
832
00:38:50,211 --> 00:38:52,179
because the truth is,
you carry no respect for it.
833
00:38:52,204 --> 00:38:54,439
Furthermore, you abused your position
834
00:38:54,464 --> 00:38:56,832
as a mentor and father figure
835
00:38:56,857 --> 00:38:59,559
to impressionable deputies
who looked up to you,
836
00:38:59,584 --> 00:39:01,418
who trusted you with their lives.
837
00:39:01,443 --> 00:39:05,646
You bent them to your will,
you led them astray,
838
00:39:05,809 --> 00:39:07,810
ruining many of them
839
00:39:07,835 --> 00:39:12,606
and perpetuating a cycle
of corrupt police culture.
840
00:39:12,631 --> 00:39:14,866
You have been found guilty of Count One.
841
00:39:14,891 --> 00:39:17,659
Now the law only permits
that I sentence you
842
00:39:17,684 --> 00:39:19,919
to the maximum of three years
in state prison,
843
00:39:19,944 --> 00:39:21,778
and that will be your sentence.
844
00:39:21,803 --> 00:39:27,074
Bailiff, please take
Mr. McCarthy into custody.
845
00:39:27,558 --> 00:39:29,659
Court is adjourned.
846
00:39:39,003 --> 00:39:42,171
- We will be back.
- And I'll be here, waiting.
847
00:39:49,580 --> 00:39:51,014
Thank you.
848
00:40:07,064 --> 00:40:10,233
You must be starving. I definitely am.
849
00:40:10,258 --> 00:40:13,093
- I could order us something.
- I gotta finish cleaning.
850
00:40:13,118 --> 00:40:15,653
Because someone had to come
sweep me off my feet.
851
00:40:15,678 --> 00:40:16,983
Someone thinks maybe you liked it.
852
00:40:17,007 --> 00:40:18,975
Very much.
853
00:40:19,043 --> 00:40:20,710
Thank you.
854
00:40:21,645 --> 00:40:25,782
One of the side effects
of how I work is tunnel vision.
855
00:40:26,650 --> 00:40:29,986
You have shown me how much
bigger my world can be.
856
00:40:30,054 --> 00:40:32,789
Maybe there's a place
for you in it, with me.
857
00:40:32,814 --> 00:40:34,949
You're certainly moving the needle.
858
00:40:38,626 --> 00:40:39,726
Mm.
859
00:40:44,892 --> 00:40:46,926
- Sara.
- Go on.
860
00:40:52,409 --> 00:40:53,576
Hi.
861
00:40:53,644 --> 00:40:56,019
- Hi. Got a minute?
- Yeah, of course.
862
00:40:56,063 --> 00:40:57,313
I'll call you, okay?
863
00:40:57,381 --> 00:40:58,481
Oh, wow. Am I interrupting?
864
00:40:58,549 --> 00:40:59,740
Never.
865
00:40:59,817 --> 00:41:01,884
No, how... how did everything go?
866
00:41:01,952 --> 00:41:04,120
Ooh.
867
00:41:05,422 --> 00:41:07,990
Voted LA's finest sparkling cider!
868
00:41:08,058 --> 00:41:10,246
Boy. Man, you're breastfeeding.
869
00:41:10,328 --> 00:41:12,895
- Can't be chugging bottles.
- Who said anything about chugging?
870
00:41:12,963 --> 00:41:15,064
- Bam!
- Oh! No!
871
00:41:15,132 --> 00:41:19,335
I will be sipping
872
00:41:19,403 --> 00:41:22,238
on this fine champagne as will you.
873
00:41:22,263 --> 00:41:25,231
- And you will have three glasses...
- Mm-hmm.
874
00:41:25,342 --> 00:41:29,479
...and I will have one,
and I will drive you home.
875
00:41:33,683 --> 00:41:35,785
Lo, I know I let you down that night.
876
00:41:35,853 --> 00:41:38,187
Mark, it's in the past.
I'm not trying to relive it.
877
00:41:39,790 --> 00:41:43,726
This trial was...
justice for a lot of people.
878
00:41:43,794 --> 00:41:45,904
But for me it was all about you.
879
00:41:46,470 --> 00:41:48,137
You're my guiding light.
880
00:41:50,548 --> 00:41:53,116
Thank you.
881
00:41:53,404 --> 00:41:55,304
Now tell me about Amy.
882
00:41:57,040 --> 00:41:59,629
We are apparently on a break.
883
00:41:59,686 --> 00:42:02,645
- Like, Ross-and-Rachel break?
- You know I'm a "Seinfeld" man.
884
00:42:02,713 --> 00:42:04,914
Don't come at me with that
Ross and Rachel nonsense.
885
00:42:04,982 --> 00:42:06,549
- Listen...
- Come on, dude.
886
00:42:06,617 --> 00:42:09,886
It's like so indicative
of you and Amy's relationship.
887
00:42:09,911 --> 00:42:11,812
? Her name was Lola ?
888
00:42:11,837 --> 00:42:14,005
? She was a showgirl ?
889
00:42:14,030 --> 00:42:16,264
? With yellow feathers in her hair ?
890
00:42:16,289 --> 00:42:18,357
? And a dress cut down to... Whoa!
891
00:42:18,382 --> 00:42:19,883
Carmichael?
892
00:42:20,164 --> 00:42:21,330
- Give me a minute?
- Mm-hmm!
893
00:42:25,376 --> 00:42:26,509
? She would merengue ?
894
00:42:26,534 --> 00:42:29,035
? And do the cha... ?
895
00:42:32,609 --> 00:42:35,912
- Judge Carmichael.
- Mr. Sanders.
896
00:42:35,979 --> 00:42:37,480
You were right to be concerned about
897
00:42:37,548 --> 00:42:39,482
your re-election, Carmichael.
898
00:42:39,550 --> 00:42:42,351
The police union is putting
someone up against you.
899
00:42:42,376 --> 00:42:43,810
They're coming for your seat.
66976
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