Original subtitles

Then this guy's so-called lawyer,

because he has no vision whatsoever,

he calls me racist.

So, I say, "Look, friend.

I don't have a problem with black people.

"I love black people. What I can't stand is scumbags."

And this city, when you look around, is chock-full of them.

Pink, purple, brown, yellow... the scumbaggery in this city

- is off the charts. - Excuse me.

[man] Oh.

Wow.

DA's and PD's elbow-to-elbow, workin' it out.

Makes me want to say, " Yes, we can."

What's up, Radley?

You tell me. You're the one having drinks with the enemy.

Kellerman, ready for school tomorrow? Class starts early.

Yeah? What class would that be?

Advanced prosecution.

Accountability for scumbags. Watch and learn.

I'll be there. The Busse case?

Brandon Radley, major crimes.

- Hi. - Hello to you, doll-face.

Please tell me you're one of the good guys.

If by good you mean someone who makes himself feel important

by wasting our tax dollars screwing the poor,

color me bad, dude.

Wow, OK.

[Brandon] You didn't look brainless across the room.

But I was looking at your ass.

That's how you fool 'em, isn't it?

- What'd you say? - Come on, bro.

Let me buy you another drink.

Get your hands off me, bro. Don't call me "bro."

All right, but you're walking out of here with me.

What are you, the sheriff?

Turn around, go.

She tried to embarrass me.

I'm not letting some whore do that.

Hey!

Get off!

Chill, man.

[grunts]

[woman] Morning, Michelle.

Who's covering part 33, do you know?

Dullen.

Can you hand these off to him? I'm up to my neck.

- Sure. - Did you post Smith for me?

- Yep. - Did you Shepardize that?

Yes, I did. I was thinking...

Kellerman's gonna want it at the discovery

so have this copied and the medical records redacted.

Already done.

Yeah. These aren't redacted. I can still see the words.

Copy it. Then it's redacted.

[Kessler humming]

- You're humming. - Charity, Charlie.

Doing right by doing good. It's a beautiful thing.

Black for you.

Donuts for Vince and the guys.

You brought food for the court staff?

It is nothing compared to what I have for you.

Last night, while you were undoubtedly

making legal decisions of life and death,

I was helping the poor children of this city

by selflessly spending money on myself.

The Robin Hood Foundation Benefit was last night.

Charlie, have you ever actually seen a Michelangelo?

Have you ever stood in the Gallerie dell'Accademia

and stood before King David

the moment before he did battle with Goliath?

It'll take your breath away.

And the food, oh, my God...

To eat food in Tuscany in the fall

is enough to make you believe in God.

- Or at least in poor children. - You're going to Florence?

Not me. We.

We are going to Italy! Flying first class.

Oh, my God, I love charity auctions.

- Extravagant. - Yes, but we deserve it.

The week after next is best,

so clear our calendars and book us some flights.

Leave the rest up to me, OK?

Charlie, we're gonna have so much fun.

[door buzzes]

You're still on lockdown.

CO's told me this comes straight from the DA.

You try to hurt a cop, you pay up front.

And in blood.

Of course, no one wants to go near my blood,

so I get this.

- I'll call the jail... - Don't bother.

Unless you walk me out, I'll be alone in my cell

twenty-three and a-half hours a day

- for the rest of my life. - Come on, brother.

Hang tough just a little while longer.

Why? So I can be the subject line in the DA's press release?

"Spitter gets life for trying to infect cop with HIV."

Honestly, what am I hanging tough for?

- How long you been clean, Greg? - [sighs]

- Sixteen years. - Sixteen years,

because you didn't give up.

We've got a chance. I want you to believe that.

This isn't about fighting the virus, or the junk.

This is about the system, Jerry.

Cops and courts.

This is bigger than my will.

But we got your will and we got my will put together.

Greg, we've got a shot with a motion to dismiss.

If we have to try the case, we try it.

It's your word against the cop's.

The judge is terrible, we got an ADA

who thinks he's Dirty Harry,

but I need you to be the more convincing witness.

[Jerry] OK?

Yeah, OK.

[boy] You know I ain't talkin', right?

Duval, we're your lawyers. If you don't talk to us,

we can't help you.

The police said you confessed.

And they lyin'. All I said was

I showed some people where Freddy lived.

Ain't no confession.

- How old are you, sweetie? - Fourteen.

- About to start high school? - Next year.

- I'll bet your mom's proud. - My mom's dead.

I live with my pops. You ain't gonna call him, are you?

Actually, it's a homicide.

- Murder in the second degree. - Murder? My son?

The police say he helped some older boys

locate the owner of a gas station,

who they robbed and killed.

Freddy.

Duval works for him after school, washing cars.

He didn't kill nobody, right?

No, but if he knew what they were planning,

and he knowingly helped them,

he's technically guilty. It's called "acting in concert."

Man, I tell this boy every day to mind his business.

Still, I catch him acting like he living a thug life.

- He talk back to you? - A little bit.

I think he's covering for the fact

that he's pretty confused and scared.

It's good that you're here.

What am I supposed to do?

According to the complaint,

he's less responsible than the other boys.

It's possible we could get bail.

Is there an amount you could make?

Bail just delays the inevitable.

He's gonna have to pay for what he done.

Mr. Demming, I really don't think

Duval understands what happened.

Well, if he don't, he gonna learn, then.

He's a young man now. This is the real world.

- He's barely 14 years old. - So?

When I was 14, I was the only man in my house.

I told him, I got to be able to trust him.

We both have to work at this.

Eight to four, I haul bags out at JFK.

Every one worth more than I take home a day.

Ten to two, four nights a week, I work security.

I come home, I get my four hours,

and I'm back out there to that airport.

I'm putting food on the table.

I can't be watching over him every minute.

He's got to step up.

Dockets ending 2247, 2248, and 2249.

People of the State of New York, v. Duval Demming,

Shantique Simmons and Franklin Cruz. Charge of murder in the second degree.

[man] Your Honor?

Justin Smolar, 40 Wall Street, for Mr. Simmons.

Paul Orlando for Mr. Cruz.

Roberta Gilardi and Richard Woolsley,

Public Defender for Mr. Demming. Waive readings, not rights.

This is a homicide case, Your Honor.

These three defendants acted in concert

to rob and kill the owner of a local gas station.

Based on the People's investigation, we believe

Mr. Simmons was the trigger man,

Mr. Cruz bound the decedent with duct tape,

while Mr. Demming acted as a lookout.

People request remand as to all defendants.

My client denies these charges, Your Honor,

but given the nature of the case,

we will reserve a bail application

until Supreme Court.

Judge, I'm going to ask for a more reasonable bail.

My client is 18 years old, has only one prior misdemeanor.

Ms. Gilardi?

Just look at my client, Your Honor.

Duval Demming carries a B-average at Watson Junior High.

He's an after-school helper,

and washes cars for spending money.

He wasn't acting in concert with anyone,

and he wasn't a lookout during a homicide.

His father, a baggage-handler at JFK, is here in the audience.

I'm asking you to release him to his dad's custody.

This child hasn't had so much as a jaywalking summons.

We have a witness that places him outside the apartment

where the decedent was killed.

And he made a statement, Your Honor.

"I just told them where he lived."

"Them" refers to the defendants, "he" to the decedent.

And where was his parent or guardian

during the supposed confession?

That's enough. We are not litigating

the admissibility of the confession here.

Mr. Simmons is remanded. Mr. Cruz is remanded.

I'm setting bail for Mr. Demming at $100,000 bond,

over $10,000 cash.

- [man] Officers, take charge. - [Ventimiglia] Let's go.

Did you look at his face? The kid's not even shaving yet.

Birthdays rule, Richie, not puberty.

If I decided where to prosecute based on maturity,

I'd be sending 60-year-old guys to family court.

Most crooks are immature. That's why they commit crime.

Just because the law lets you treat him like an adult

doesn't mean you have to.

Even pit bulls are cute as puppies.

And your guy admitted to the crime.

Why send him to family court?

He didn't admit to the crime.

Tell me I don't have to explain " acting in concert."

I know the law, Marcus. Don't be a hump here.

A hump?

Legal and moral culpability are different.

So, you're saying the kid is guilty.

But the morality of helping thugs

rob and kill the hard-working guy who gave him a job,

means I should cut the kid a break?

I'm saying you shouldn't treat a gun-toting 19-year-old thug

with a felony record the same as a 14-year-old who got

- hoodwinked into helping. - I'm not.

We ID'd Shantique Simmons on two other robberies.

He and the other kid will get life.

Your kid, if he decides to help me prosecute the big boys,

gets man-one and three to nine.

Five years probation and youthful offender's status.

Keep dreaming.

Sending him to prison will ruin his life, Marcus.

We're talking about a kid with good grades,

an after-school job, a father who's so rigid

he won't put up his own son's bail.

Probably knows his kid did this,

or he understands what you don't.

What? How to turn your back on your own son?

You spend your lives making excuses for people.

Do that enough, they never learn to own their own actions.

Making him pay...

...best thing I could do for the kid.

- The offer stands. - We'll show ourselves out.

[sighs]

You're jumping the gun.

Man-one, and three to nine for a little boy?

I don't like it, but if that's how it's gonna go down,

we don't do him favors by waiting.

Gotta mold expectations early.

Not this early. He's a child. We have a good grand jury case.

Maybe, but if we blow that...

You're already talking about blowing it?

Have either of you done a juvie murder before?

No.

Time is not our friend.

Especially with a 14-year-old.

Might be a sweet boy today, but chances are, by the trial,

he's gotten bigger, his voice has changed,

he's spent a year in jail.

He starts looking like the menacing thug

a jury likes to convict of murder.

What's the call?

Keep pushing for the Y-O, and talk to him

about talking to them.

From the back, number 26 on the calendar, People v. Greg Busse,

charged attempted murder one.

[Kessler] OK, this matter is on for argument

on counsel's motion to dismiss.

I've reviewed the submissions of counsel,

and I'm ready to hear you.

[Kessler] Mr. Kellerman.

I thought of Mr. Radley last night,

and I wished he was dead. I wished it so hard, my head hurt.

And while I was hoping and wishing,

I pulled the arm off a little doll

that looked just like him. Am I a criminal?

Under the theory of this prosecution,

I committed an attempted murder.

My anger and belief in voodoo made me guilty

of exactly the same crime you've charged Mr. Busse with.

Fact: you can't get HIV from spitting. Cannot.

Ever. And it is precisely because of that impossibility

that the charges against Mr. Busse must be dismissed.

- Mr. Radley. - [clears throat]

Maybe, instead of dreaming of me,

Mr. Kellerman should have spent last night

dreaming up a better argument.

No one has ever proven that you can't get HIV from spitting,

only that it hasn't happened yet.

What we do know is that the HIV virus has been found in saliva.

So, is it really appropriate

to impose that risk on an honest New York City cop?

What if Mr. Busse bit his lip before spitting?

What if there was some blood in that saliva?

These are all jury questions.

Quite simply, Mr. Kellerman loses on the facts

and he loses on the law.

[Radley] Earlier this year, in Dallas,

a man named Willie Campbell

got 35 years for almost identical behavior.

Impossibility isn't a defense here.

No. It's a red herring.

I'll take this under advisement.

[Kessler] That's it. We're at recess until 2:00pm.

[groans]

Recalling number 26 on the calendar,

People v. Gregory Busse.

Having carefully reviewed the record before me,

I find the defense has established

that despite a certain quantity

of the HIV virus in an infected person's saliva,

you simply cannot get AIDS from spitting.

That being said, your motion is denied.

Denied?

The fact is, the question of impossibility

is not dispositive here.

The real issue,

as the First Circuit put it in US v Dixon, 449 F.3d at 194,

"turns on the subjective intent of the defendant,

without regard to factual impossibility."

A man who pulls the trigger on a gun

he wrongly thinks is operable

is guilty of attempted murder.

A fool who tries to burn down a house by lighting

water that he thinks is gasoline is guilty of attempted arson.

According to your argument, Mr. Kellerman,

Mr. Radley should be looking to have you arrested

for attempted murder by voodoo.

[Kessler] This case proceeds tomorrow as scheduled.

That's all.

- How you doing, Duval? - All right.

[Bobbi] What happened to your shoes?

Got took.

Did y'all talk to my dad?

- Yes. - Is he gonna bail me out?

Not right now. The bail is a lot of money.

Right now, we have to talk about the case,

and make some decisions

about what we're gonna do, so we can get you out.

- OK? - OK.

You're charged with murder two.

What that means is if we went to trial and lost,

you could get up to nine years to life.

Nine years?

That's before you can see the parole board,

but they can hold on to you pretty much forever.

That's the life part.

We're not saying that's gonna happen.

Right. The DA has agreed to reduce the charges

and give you three to nine.

That means you could be out by the time you're 18.

But you have to cooperate with the DA.

How do I gotta cooperate?

You have to tell them everything.

But I didn't know they were gonna kill Freddy.

Shantique and them came up and asked me

if I knew where Freddy lived.

I say, "Yeah." So Shantique says,

"Take us there. " They weren't mad or nothing.

How was I gonna say no? I didn't know what they was planning.

I didn't see the gun until we got there.

- Where was the gun? - In Shantique's pants.

I gotta talk to my dad.

Is he here? Can you get him?

- Excuse me. - We're on trial.

Why would I take the elevator three extra floors

when I get work done here?

You should be on the horn lining up our witnesses.

- I can't do it anymore. - Oh, come on in.

Radley is impossible.

Can't major crimes assign a second chair?

A little late for that.

You gotta learn to play nice with others.

- It's part of the job. - All I've done is play nice.

But he's all over me

because I'm friends with Jerry Kellerman.

Can't blame him for that.

Look, if you want to give me grief, fine.

Radley doesn't involve me.

He's got me running around making copies.

And he's a total tool on top of it.

I went to law school, Nick. I have better things to do.

- When's the trial start? - Starts tomorrow.

Tough it out. It's not forever.

- [chatter] - [phones ringing]

Radley. A word?

Big chair must be making you lazy, Nick.

'Cause if you got out of the office,

you'd realize I don't have time for a chat right now.

How's things going with Ernhardt?

They're going. I mean,

I don't know what you're teaching kids down here.

I'd be better off with a secretary,

but as long as she keeps her mouth shut

and does what I tell her, we got no problem.

Listen to me.

Ernhardt's a good prosecutor.

Making her your gofer's wasting her time, which means my time.

Then we do have a problem.

Nice. Fight for her honor.

Still not gonna get your knob polished.

Jerry Kellerman kicked your ass.

Go back to your office. We'll send your stuff.

[elevator dings]

You need to re-think your offer.

Nope.

- Listen, Marcus... - Hey, I said no.

Jeez, they never met a kid who didn't deserve a break.

You ever met one that did?

You saying something?

Yeah. I think you were a little too harsh on that kid.

Come on. He knew they were gonna rob the guy.

I've got a totally viable case.

It's not the first time.

You have this internal guidance system.

It's what makes you so good.

Keeps you right in the middle of the road.

- Except here. - Here?

- What is it with you and kids? - You mean black kids?

Yeah.

You know, it's less than four miles

from 128th Street to Lincoln Center.

Know how many of the kids I grew up with ever went there?

Two. Daniel Cook and me.

And that's got nothing to do with poverty.

It's about world view.

Seeing outside the walls of your project.

Past the squabbles on the block, about raising your game.

That kid, he had a chance. He didn't have to do this.

Everyone slips sometimes, Marcus.

My mother, she kicked the crap out of me.

And I didn't even have to step over the line.

She'd see me thinking about it, and my ass was whupped.

Punishment works. I'm living proof.

A good kid that had a moment of weakness

isn't necessarily a total loss.

- Going late? - Is all night late?

I've got a week's worth of motions.

Split a pizza?

- Sausage and onion? - Done.

- [Jerry] Yeah, delivery. - Or...

Hold on a second. Or?

We could grab some real dinner.

- Real dinner? - La Fornada?

Would that be weird?

Nothing weird about La Fornada.

Little pasta, glass of wine, come back psyched about justice?

Psyched about justice. I'm into it.

[Jerry] Gomez will yell until his face is blue about motions.

Literally, his face turns blue-ish.

He's like, "You're one day away from preclusion, Mr. Kellerman."

But he'll never really sanction you, so don't worry about it.

At least he never really sanctioned me.

- Wine's not working. - Your hand still hurts?

Pretty sure Radley's head is made of concrete.

You didn't have to protect me.

I was protecting Radley until he took a swing at me.

Never seen you mad like that.

Well, the funny thing is, I was protecting you.

He never said anything about my ass.

No, I was tweaked way before that.

The way he was mouthing off to you,

I was like, dude, don't talk to my friend like that.

Now I'm your friend. I'm honored.

You've been a really great friend, actually.

- Nah. - I'm serious.

So, Gavin's done with rehab soon?

Yeah. He comes back the day after tomorrow.

- You ready? - I guess. I don't know.

I thought I was gonna have a hard time when he went away,

and now Gavin's coming back.

And I'm realizing I was lonelier when he was around

than I am now.

I mean, Gavin's vulnerable and I don't want to hurt him.

But I just don't think I'm ready to go back to that.

Wow, that was a mouthful. Should we get the check?

Yeah, probably should get back.

Or...

Or not.

Thank you, Jerry.

I think I'm gonna go home.

[man] So I see the defendant drinking a beer.

He was drunk.

Bloodshot eyes, reeked of alcohol.

[Brandon] So what did you do?

[man] I approached him, told him to show me the bag.

- Did he do that? - No.

He told me to...

He used an expletive and suggested I go do it to myself.

[Brandon] How did you react to that, officer?

You know, like they teach us.

Courtesy, professionalism, respect.

I explained that I believed

he was in possession of an open container,

and if it was alcohol, I'd be issuing a summons.

- Did you do that? - Yeah, after I confirmed

that what he was drinking was beer.

How'd you do that?

I took the bag from him and took a look.

- Is this what you saw? - Yes, sir. Bottle of beer.

And what did Mr. Busse do when you issued him the summons?

He took it, looked at it, looked at me and tore it up.

- And then? - Then I told him I was sorry,

but I was gonna arrest him.

I asked him to place his hands behind his back.

- And did he do that? - No.

- He swung on me. - On a uniformed police officer?

Yeah, he was intoxicated and belligerent.

So, what did you do?

I grabbed him, took him to the floor, and began to cuff him.

That's when he started yelling and flailing

and screaming about how he had AIDS and he was gonna kill me.

Did you eventually subdue the defendant, officer?

Yeah, but when I pulled him to his feet, he spit in my face.

Told me, "I got AIDS, I hope you die."

And have you been tested for AIDS?

I get tested every six months,

but I live with the fear every day.

[man] My wife's worried, too.

Not knowing is eating her up.

- I'm negative now, but... - No further questions.

Mr. Kellerman.

Hm.

You had to arrest him. That's your testimony?

He tore up the summons.

Actually, you said he looked at it then tore it up.

Yeah. - That summons had the court date

- written on it, didn't it? - Right.

The summons is really just a notice

- to show up to court. Right? - Yeah.

So, if you walked away from Mr. Busse,

and if he decided not to go to court,

there's a process in place to deal with that.

- Still... - That's the process.

- Yeah. - There's no law

against ripping up a summons, is there?

No.

Ever have the contents of the beer analyzed

to see if there was alcohol?

No.

- You fingerprint the bottle? - No.

Did anyone, maybe another officer,

- see you examine the bottle? - No.

So, other than your word, you have nothing to prove

this was his bottle, or that whatever was in it was alcohol?

- It was beer. - That's what you say.

I got the evidence right there.

No. All you got is a bag and a bottle,

and nothing to show that you didn't

just fish it out of the trash.

Nothing further.

- Richard Woolsley. - New offer on Demming.

Y-O. One to three, and full cooperation.

- Y-O and one to three? - And full cooperation.

That means allocution, Richie.

And I use your kid in grand jury.

No guarantee Duval will want to flip on these kids.

Make him take it, Richie.

I'll see him in the morning and let you know by noon.

- OK. - Hey, Marcus.

- Thanks. - You got it.

[Jerry] Greg, on the day you were arrested,

- were you drinking alcohol? - No.

- Are you sure? - Absolutely.

I take Rifabutin, and unless you have a death wish,

you don't drink.

And believe me, I don't want to die.

- What was in the bag? - A yogurt drink.

It's supposed to strengthen my immune system.

Did you ever have a beer that day?

- No. - The bottle in the bag,

was that ever in your possession? - No, sir.

Are your fingerprints on that bottle?

No way.

So when Officer Sherman told you to open the bag,

what did you do?

- I asked him why. - Did he explain?

No. He just got up in my face and was like,

"Because I said so."

And asking me "Do I want to be a tough guy?"

And did you want to be a tough guy?

No. I wanted to know

whether he had probable cause to search me

and to look in the bag.

That sounds a little lawyerly.

Look, I'm a black man with HIV.

I've spent half my life as an activist,

and twice that long being hassled by cops.

I just want them to play by the rules.

What did Officer Sherman do?

He told me that if I didn't open the bag,

he would arrest me.

And I told him...

What he said on the stand, that's what I said.

So, did Officer Sherman seem receptive to that suggestion?

No. He grabbed me, and threw me to the ground.

That's when all hell broke loose.

He was grunting and shouting, " Get the f down."

And he had his knee in my back, and I'm yelling,

"Please, I'm frail, I'm on meds, I've got HIV.

You're hurting me. Please stop."

And he's just shoving my face in the dirt.

- Did you get away from him? - No.

He cuffed me, and then he kicked me in the ribs,

while I was lying there, trussed.

"That's for the smart m outh," is what he said.

Did you spit at Officer Sherman?

When he hauled me to my feet, I spit, yeah.

My mouth was all dirty, my hands were cuffed, and yeah, I spit.

[Jerry] Were you trying to infect him with HIV?

No. I was trying to maintain my dignity.

To say, "You didn't beat me. " It was stupid.

And I'm sorry I did it.

Did you ever say, "I have AIDS, and I hope you die?"

Absolutely not.

You can't get AIDS by spitting. And I don't have AIDS.

[Greg] I'm HIV positive.

Thanks, Greg.

[Kessler] Mr. Radley?

[clears throat]

You have the virus that causes AIDS.

Right.

So Officer Sherman didn't make that up.

No.

And you tore up that lawfully-issued summons.

Yeah.

So Officer Sherman didn't make that up, either?

- No. - And you were spitting?

Yes.

So Officer Sherman is right about that, too?

Yes.

In fact, you spit right in Officer Sherman's face?

Yes, sir.

So, Sherman didn't make that up, either, did he?

Right.

But you want us to believe he's lying

about having an open container.

Yes.

And he's lying about being publicly intoxicated.

Yes.

A decorated cop, with eight years on the force,

manufactured false evidence against you

for what was initially a petty crime.

- Right. - And you spit

right in the cop's face, knowing you were infected

with the virus that causes AIDS.

But your defense is it's not a crime because you were trying

- to maintain your dignity? - I didn't say it was smart.

Just not attempted murder.

[Brandon] That's very compelling, Mr. Busse.

Very compelling. Nothing further.

I know this is hard for you, but Duval really needs you...

Please don't tell me what my son needs.

I just want you to see what I see.

He's a little boy, he's scared,

and he needs his father right now.

Duval was eight years old when he lost his mother.

And I have been there, working every day since then...

I know. And you've been incredible.

But this is about more than putting food on the table.

It's protecting him, and not just providing for him.

Don't judge me, OK? You don't know where I've been

or what I have done.

No, but where I've been, Mr. Demming, is in a jail cell,

across from a child so hungry for his father's attention,

he would eat glass.

Do not put this on me.

When those boys approached your son, he needed his father.

And he needs you right now, more than ever.

[man] OK, visit for Duval Demming?

Bags and purses in the locker. Pockets empty, please. Let's go.

So, I gotta go to jail even on a cop-out?

Yes. One to three means somewhere

between eight months and two years.

The days you've done count.

And you'll get youthful offender.

You won't have a criminal record.

You can go to college. Have a life.

But I still gotta snitch?

If this is the way we decide to go, then yes,

you'll have to testify in front of a grand jury.

Which is secret. The other boys wouldn't be there.

- So they wouldn't know? - Not about the grand jury. No.

The DA can protect your identity for as long as they can,

but if the other boys insist on a trial,

the DA eventually has to disclose

that you were a witness against them.

I'm not a snitch. So I can't cop out.

I'm gonna fight.

Duval, if we don't do this, we risk a trial.

- This is a good deal. - You need to take this.

I don't need to take nothing. Whatever happens, I'm a man.

- I can deal with it. - Duval...

They killed Freddy.

I say anything, they gonna come get me.

Or you.

And we'll have to deal with that.

Whatever it takes. If we have to leave, we'll leave.

If we have to move, we'll move.

I'm sorry. I messed up so bad.

You do what you gotta do.

Long as you got no record comin' out, we'll be OK.

You're a good kid. And you're gonna be a fine man.

[man] Will the foreman please rise?

[man] Will the defendant please rise?

In the matter of the People of the State of New York v. Gregory Busse,

as to the first count of the indictment,

charging attempted murder in the first degree, what is your verdict?

Not guilty.

As to the second count,

charging attempted assault in the first degree,

- what is your verdict? - Not guilty.

[exhaling sharply]

As to the third count,

charging attempted assault in the second degree,

- what is your verdict? - Not guilty.

As to the final count of the indictment,

charging resisting arrest,

what is your verdict?

Not guilty.

[laughing]

Ladies and gentlemen of the jury,

thank you for your work in this matter.

The defendant is discharged and so are all of you.

- [gasping] - [Jerry] My man. All right?

So, good day for the good guys?

Don't tell anyone I said this, but I think I may have found

the one person on the planet

who is more annoying than Jerry Kellerman.

- Brandon Radley. - Oh, my gosh,

they should fumigate that courtroom.

You know what I'm looking forward to?

A glass of limoncello.

There is nothing in the world

like a glass of homemade limoncello,

after a plate of pappardelle and a bottle of good Chianti.

Trudy, I have to talk to you about this trip.

OK.

I...

I'm not comfortable with it. I don't think I should go.

- Charlie... - I know I shouldn't go.

I should have said something right away.

Why, because I was so excited

and you didn't want to hurt my feelings?

Well...

Charlie, maybe I've been giving you the wrong idea.

Italy is just my favorite place in the world.

This is just a trip.

This doesn't change anything between us.

It's just taking what we do here

and taking it to a better setting.

Good food. Good conversation.

Good extra-curricular activities.

That's the part I'm not comfortable with.

The sex?

[exhales deeply] The sex is part of it.

What we do, what we've been doing...

...I can't do it anymore.

Well, I have to say...

I knew this day was gonna come at some point,

but your timing is particularly lousy.

- I'm sorry. - I mean, really lousy.

Kept your mouth shut and you could've gotten a free trip,

made your exploitation complete.

- Trudy. - I'm sorry. This is just...

This is extremely unpleasant.

I assume there's someone else? Someone you care about?

- No, there's no one else. - Then what's the problem?

- I'm gay. - Excuse me?

I'm gay, and...

I'm coming out to you right now.

- I'm sorry. - You're sorry.

You're sorry. For what, lying to me this whole time?

For using me? What is it you're sorry for?

I really need to know so I have some idea

of what the hell has been going on here.

I lied to you. I lied to myself.

I have no excuses.

All I can say is if I could have

admitted it to myself, I would've...

Would you get out?

- Trudy. - Just get the hell out! Go!

[man] No, I know...

[Marcus] What surprised me is not that you hit Radley,

but that you didn't launch into your usual rant

about how any poor person of color would be doing jail time

if they had done the same thing.

Good point. And true, by the way.

- You'll never change. - No need to, my friend.

But you, what you did on Richie's case for that kid?

That showed real personal growth.

Seriously. That was stand up.

You know what the funny thing is?

She's the one that convinced me.

- Come on. Michelle? - Hey...

Don't understand her too quickly, brother.

[Marcus] She's complicated.

All right. Libations, people.

- [Michelle] Woo-hoo! - [Richard] Shots?

[Marcus] What are we celebrating?

OK. To the end of the week.

Boring.

All right, I've got a better one.

To the demise of Brandon Radley.

- I'll drink to that. - Just another case, guys.

How about we just celebrate that we're doing shots?

No, we need something more than that.

Yeah.

I'm gay.

Charlie's gay.

- Cheers to that. - [Marcus] Here, here.

- [Richard] Here, here! - [Michelle] Charlie!

- Woo-hoo! - Cheers.

[laughing]

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