All language subtitles for Close To Home s02e15 ren.eng

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Kimmy Johnson,32,stabbed
once with a letter opener

found on the scene--
severed a major artery.

Time of death between
6:00 and 8:00 Friday night.

Victim's mother discovered
her body the next morning.

Police arrested
Tess Middleton,32,

prints found on the
doorbell,doorknob

and the murder weapon.

Neighbors saw her car in
Johnson's driveway around 7:00.

We sure it was hers?

Vanity plate.

CONLON:
"2CUTE4U".

Nice.

Relationship between
Middleton and the victim?

Up until a couple years ago,
Kimmy Johnson worked for

Tess Middleton's husband--
his personal assistant.

Ah.
Ah.

They were having
an affair.

Everybody's first thought.

Police found no evidence
of an affair,but...

Johnson was
the Middleton's surrogate.

Excuse me,surrogate?

She gave birth
to their son

Nicholas six months ago.

Unusual-- to have
your former assistant

be your surrogate?

Who does that?

Sounds odd to us,
but what do we know?

ANNABETH:
Surrogates are usually

strangers to the sponsoring
couple-- younger,poorer.

BLACKWELL:
She was definitely poorer.

The Middletons
are rolling in it.

Tess Middleton and Kimmy Johnson
were about the same age.

Weirder and weirder.

Did Mrs. Middleton say anything

when she was
arrested?

She lawyered up right away.

Cops think it might have been
a custody dispute over the baby.

Victim's mother told them Kimmy
was contemplating a lawsuit.

So which one's
the biological mother?

Tess Middleton-- her eggs,
her husband's sperm.

Kimmy Johnson was
strictly a surrogate,

a womb for rent so to speak.

BLACKWELL:
So if this was a fight over the baby,

she wouldn't have
much claim to him?

Not necessarily.

Surrogacy contracts are
unenforceable in Indiana.

ANNABETH:
It's much more common

for couples here to hire
a surrogate in another state.

Yeah,but Middleton's
the biolical mother.

Presumption is with
the birth mother,

though the biological mother
may ultimately prevail.

So Kimmy Johnson would have had
a strong claim for the baby?

It's a very gray area.

It's also a motive.

What were these people thinking?

How long had she been
extorting you?

She'd been erratic and demanding
since the beginning.

But the blackmail

only started
a few months ago.

Why didn't you report her
to the police?

She said that if
I told anyone,even Carl,

she would just deny it,
take us to court and go after

custody of Nicholas.

I couldn't risk that.

I was afraid I'd lose him.

If the court even gave her
temporary custody,

who knows what she would do.

Take the child and flee?

How did Kimmy Johnson
come to be your surrogate?

She offered.

She'd worked with Carl
for years.

He trusted her.

He said she was
the perfect person.

We knew her,she was smart.

She wanted to do it.

Why?

To offer to carry your baby;
didn't that seem unusual?

She said she
owed it to Carl.

He'd taken her under his wing,

got her started at the firm.

He'd really been like
a father figure to her,

so she said.

So when she began
threatening you...?

I was shocked.

I mean,if we had any idea
what she was really like...

Tell her what happened that day.

She stopped by the house
and asked for another $10,000.

On top of...?

The 20 I'd already given her.

I told her that I would go

to the bank again
on Monday.

But as soon
as she left,

I thought better of it.

So I went to her place.

Why didn't you just call her?

I wanted to do it

face-to-face.

I needed it to end
once and for all.

I told her that I wouldn't
pay her any more money,

and if she threatened me again,
I would go to the police.

What was her response?

She lunged at me.

There was a letter opener
on the table,

and I picked it up
only to scare her.

And that's when
she went after Nicholas.

A mother protecting her child.

Really? Then why take
Nicholas with you?

By your own account,
you put him in harm's way.

I thought if I had him with me
and she could see how much

I love him,that she would
listen to reason

and leave us alone.

And after you stabbed her?

I went home,told my husband
what happened.

Your behavior that night
undercuts your story.

Why didn't you call
the police or 911?

I was scared.

The Middletons were frightened
and confused

and they were
about to call the police

when Mrs. Middleton
was arrested.

About to.

Protection of a third party
is,as you know,

a complete defense to murder.

You're planning to mount
an affirmative defense?

If we have to.

We were hoping you would
listen to reason.

Let's call the bailiff
and get my client released.

We still have time before
we have to file charges.

She's not going anywhere

until we investigate
this further.

I need to go home now.

I have a baby who needs me.

You should have
thought about that

before you stabbed
Kimmy Johnson.

I got home from work about 8:30.

My wife was sitting on the couch
crying,inconsolable.

She told me that Kimmy
had attacked her

and she'd killed her.

I can't tell you
what a nightmare this has been.

Mr. Middleton,how did
your former assistant

come to be
your surrogate?

She offered.

She knew how much
we wanted a baby.

We tried everything else.

Surrogacy was our last option.

You know surrogacy contracts
are unenforceable in Indiana.

Our lawyer told us.

But you went
ahead anyway.

Kimmy was my friend.

I trusted her.

Did Kimmy Johnson ever tell you
she wanted custody of the baby?

Absolutely not.

If she'd even hinted
at anything like that,

I would've cut off
all contact with her.

So you don't believe
she wanted the baby?

Not really.

Of course she was fond
of Nicholas,but...

I think she just
threatened a custody fight

to extort money from Tess.

Your wife made several
large cash withdrawals

from her checking account,

she says to pay off
Kimmy Johnson.

Were you aware of
these withdrawals?

Tess had her own account.

Besides,I wouldn't have
thought anything of it.

She paid for a lot of
things in cash--

the housekeeper,
the gardener.

So she never told you
Kimmy was extorting her?

Not before that night,no.

I guess she thought she could
handle Kimmy on her own.

We both made terrible
errors in judgment.

We should've gone out of state,
hired a stranger,

had an iron-clad contract
and cut all contact

with the woman
after the baby was born.

So you don't think Kimmy
was primarily motivated

by frienhip for you
and your family?

I thought she was,but...

I think she was primarily
motivated by money.

I should have seen her
for who she was.

I thought I knew her,
but I didn't.

I thought we were
doing everything right.

Then it went wrong.

A woman protecting
herself and her baby

from a scheming
surrogate.

It's a compelling narrative,
and character evidence about

the victim is admissible
in self-defense cases.

Jury might buy it.

Well,I've heard less
sympathetic stories.

There's no
forensic evidence

to support Tess Middleton's
claim of self defense.

Coroner said Johnson had
her back to her assailant.

She never saw
it coming.

And Mrs. Middleton

has no marks or scratches,

nothing to suggest Kimmy Johnson
attacked her first.

The physical evidence
is on our side,

but it's hardly definitive.

What about the
extortion claim?

Several large cash withdrawals

from Tess Middleton's
checking account.

Could be consistent with
somebody blackmailing.

But Kimmy Johnson's

financial records don't show
any significant deposits.

So she didn't leave
a paper trail.

Cash is easy to hide.

We'll keep looking.

Yeah,what about
the custody issues?

A number
of calls between

the surrogacy lawyer
and the victim

in the days
leading up to and including

the day of the murder.

Ed's meeting
with the lawyer.

Two women,each wanting
the same baby.

It's biblical.

So how do you want to proceed?

As you say,
she's a sympathetic defendant

and the underlying law
is murky.

And Kimmy Johnson is dead.

Charge Tess Middleton
with murder.

One count of murder.

How do you plead,
Mrs. Middleton?

Not guilty,
Your Honor.

The People oppose bail,
Your Honor.

The defendant
has ample resources

to flee the jurisdiction.

My client is a new mother
with no criminal history.

She poses
no flight risk.

We ask that she be
released on bond.

Your Honor,
the defendant is accused

of killing her surrogate
to keep her

from contesting custody
of her baby.

If she would kill
to keep her baby,

certainly she would
skip bail to do the same.

Agreed,Miss Scofield.

Defendant is remanded
without bail.

(whispering):
It's okay.

I'll see you
in a second.

It's all right.

WOMAN:
I don't care what Mrs. Middleton said,

she wouldn't have
extorted anyone.

And she would never,
ever have used Nicholas.

She loved that baby.

Deciding to carry
her ex-boss's baby,

didn't you find that
a little...?

I know someone who donated
a kidney for a friend.

I don't think it's much more
unusual than that.

Kimmy worked for Carl
for years.

He was very generous to her.

Helped her get her next job
as a paralegal.

She knew he wanted
a child,

and she wanted to help them out.

The financial aspect
must have played

some part in her decision.

She would have done it for free.

But she didn't.

The Middleton's
paid her

$35,000 plus all her
medical expenses.

She didn't need the money.

I did.

After Kimmy's
father died,

I couldn't make
the house payments.

I needed $30,000
to stop the foreclosure.

So when the Middletons
needed a surrogate,

Kimmy thought it would be
a way to help Carl and me.

You told the police

your daughter wanted
custody of Nicholas.

She bonded with that baby,

felt him kick in her womb.

When he was born,

she held him in
her arms,nursed him.

Tess Middleton is his mother.

You have no biological
tie to him.

Doesn't matter.

We felt he was ours
as much as theirs.

The custody claim,why now?

The surrogacy agreement

said Kimmy had to provide
pumped breast milk.

For the first six months,
which were almost up.

She told me
she was afraid

when she wasn't
doing that for them,

Tess Middleton would
shut her out

and she'd never see
Nicholas again.

That's how it works.

The surrogate gives up the baby.

It's still not right.

Yeah,Kimmy called.

She asked if
the surrogacy agreement

could be extended
another six months.

I told her that the Middletons
would never agree.

That they wanted to close
the chapter on this

and move on with their lives.

I suggested
she do the same.

How'd she take that?

Pitched a fit.

That was her M.O.
You sure she just

didn't want to stay connected
to the baby a little longer?

This had
nothing to do

with staying connected
to the baby.

She manipulated
Mr. and Mrs. Middleton

throughout the pregnancy,
demanded extra money

through tantrums.

She was a complete pain
in the ass--

manipulative,
scheming...

You knew about the extortion?

Kimmy was clever.

The demands escalated over time.

At first,they were reasonable,
more or less.

Then they got
more and more outrageous.

And the threats
got less and less veiled.

You talking about
a custody claim?

Mm-hmm.

Yeah,I told Mrs. Middleton
immediately.

She wasn't pleased,
but I talked her through it,

assured her she'd
prevail in court.

You didn't report the extortion
as an officer of the court?

I didn't want
Kimmy to go to jail.

I thought we could work it out.

Plus,I know how fond
Carl was of her.

Did you tell Carl Middleton
about any of his?

Mm-mm,no,Mrs. Middleton
begged me not to.

Including the
extortion?

Mm-hmm.

How could he not know?

Kimmy wasn't
going to tell him,

and neither was Tess.

She just wanted
to pay Kimmy off,

have the whole thing
go away quietly.

You were Kimmy's lawyer,too.

Why didn't you just
tell her to back off?

I tried.

Unfortunately,
she didn't listen.

And look what happened.

Whose idea was
the six-month provision anyway?

Mrs. Middleton's
fertility doctor.

He's a breast milk freak.

I recommend that all my new
mothers provide their babies

with a breast-milk-based
diet for...

at least the first six months.

And Kimmy Johnson agreed to
the six-month arrangement?

She agreed to provide
pumped milk even longer,

at least a year.

But the Middleton's

wanted to switch to formula
after six months.

Because?
They just wanted

the surrogacy to end
as soon as possible.

Understandable.

I can see that.

It's a complicated
situation,

even under the best
of circumstances.

Why did she choose the surrogacy
route in the first place?

She had no choice.

She wanted her own
biological baby.

When she learned that
her uterine wall was

too thin to conceive,

she tried fertility drugs,
shots...

It's expensive
and uncomfortable.

You have
to really want it.

Mrs. Middleton wanted
that baby so badly.

Kimmy started at Broderick
and Sons as a receptionist,

right after college.

She and Carl
hit it off right away.

She was like his prot�g?

Everybody liked Kimmy.

Did you ever observe
the Middletons and Johnson

together during the surrogacy?

They all stopped by the office
one day after an ultrasound.

Carl and Kimmy were so excited.

And Tess Middleton?

Mrs. Middleton seemed distant.

What do you mean?

Everyone was oohing
and aahing over Kimmy

because she was pregnant.

You know,trying
to feel her belly,

and telling her
she was glowing.

I overheard Tess tell Carl,
"It's my baby."

Porter's gonna have to put
Tess Middleton on the stand.

And when she does,we need
to be able to discredit

every aspect of her story.

We need to paint a positive
picture of Kmy Johnson.

Joyce will corroborate
Middleton's story.

He's a "disinterested party,"
who will testify

that Johnson was a manipulative,

money-grubbing
con artist.

I'm not sure Joyce
is so disinterested.

The Middletons
were much more likely

to refer wealthy clients to him.

He benefits from
siding with them.

Well,we'll
still need

to counter his portrait

of Johnson's behavior
as a surrogate.

I'm convinced Carl Middleton
can do exactly that.

He may be the only one,but he
won't testify against his wife.

Anything in the financial stuff
to suggest extortion?

No.

But this is odd.

Two gynecologists billed Tess
Middleton's insurance company

during the same period.

Who,besides Dr. Jewel?

Uh,a Dr. Diane Fernandez
also billed her insurance.

Why would Tess Middleton
have two gynecologists?

Did you do fertility procedures
with Mrs. Middleton?

I can confirm

that Tess Middleton
is a patient,

but that's
all I can say.

Tess Middleton is accused
of killing her surrogate.

You don't want to impede
a homicide investigation.

I also don't want
a malpractice suit

for violating
doctor-patient privilege.

Now,if you'll excuse me,
gentlemen.

I have patients
to see.

Well,we tried.

What now?

We could try for a subpoena.

On what grounds?
She had too many doctors?

Haven't talked
with the nurses yet.

You know I can't talk
to you about the patients.

I don't
want you to.

I want to buy
you lunch.

Where?
The Grill.

You have to do
better than that.

(laughing):
Oh,you're killing me.

Marc?

I'm off at 1:00.

I'll pick you up.
Great.

Now,about
Tess Middleton.

I told you,I'm not
allowed to talk...

I'm not asking you to
tell me anything directly.

We know she went to
another gynecologist.

I didn't know that.

So you don't need
to tell me anything new.

Just confirm
what that doctor told us.

Okay.

I guess I can do that.

He was treating her
for infertility?

Mrs. Middleton didn't
want to get pregnant.

Mrs. Middleton
couldn't get pregnant.

The other gynecologist told us
her uterine wall was too thin.

Well,yeah.

And what does that mean?

There are
lots of reasons

a uterine wall can be too thin.

Say,you're on
oral contraceptives.

Are you saying Mrs. Middleton
was on the pill?

Let me put it this way.

I don't think
this is privileged.

She once told me,outside
the office,woman to woman,

that she never wanted
to get pregnant,

not in a million years.

Wouldn't her
doctors have known?

Oral contraceptives
don't show up on blood tests.

Doctor wouldn't suspect
she was on birth control

unless she told
him or her.

Why would Tess Middleton
fake infertility?

Don't know for sure,but she was
on the pill the entire time.

So the fertility drugs,
the shots,all a sham?

Why would she go
through so much trouble

to avoid having a baby,
but agree to the surrogacy?

Must have been the
pregnancy she objected to.

The weight gain?

ANNABETH:
The weight gain,

the morning sickness,the labor.

Beautiful thing,but not
for the faint of heart.

She lied to her doctor,

her friends,her husband.

When she takes the stand,
we can impeach her credibility

with the birth control evidence.

Except we may not be able
to use it at trial.

Why not?

I got the information
from a nurse.

Meaning it's
privileged?

WILLIAMS:
That's what I'm asking.

How'd you get it?

Offered to buy her lunch.

In other words,
you charmed it out of her?

Oh,Ellen Porter's
gonna be all over this.

Want to bet we have
a motion to suppress

on our desk before
the day's out?

I won't take
that bet.

WILLIAMS:
We needed a lead.

I thought it'd be better
to have it than not.

ANNABETH:
A nurse isn't a doctor.

Maybe the privilege
doesn't apply.

Let's hope the judge agrees.

I'll draft the answer to the
motion we know is coming.

Annabeth,I finally
filed the Bishop brief.

I have a copy
here for you.

Thanks.

Still can't get my head around
the fact that the guy

who killed my husband
may actually win this appeal.

I couldn't take
all your notes.

You didn't take any of them,
as far as I can see.

Well,I did
what I could.

I did the research,
I checked the case law.

I felt they were

coming from you as the victim's
spouse,not you as a lawyer.

I hope you're okay
with what I've done.

I'll take a closer look
at this after I finish

dealing with
the suppression motion.

Your Honor,Nurse
Boiler is a nurse,

she has no
medical degree.

If the legislature intended
doctor-patient privilege

to cover nurses,they would
have said so in the statute.

Nurse Boiler worked under
the direct supervision

of Dr. Fernandez.

All nurses work under
the supervision of a doctor.

Except that Nurse Boiler was
working in the capacity

of a doctor
when she treated my client.

She dispensed
medication.

I gave another prosecutor
an aspirin yesterday,

do I suddenly qualify
as a physician?

Well,the obvious difference,
counselor,

is that Nurse Boiler
gave my client

prescription
medication.

I have
an affidavit here

from Dr. Fernandez
to this effect.

Miss Chase?

Tess Middleton
made statements

off the cuff to Nurse Boiler

that had nothing to do
with her medical care.

Now she's trying to hide
behind the privilege.

The State's investigators

chatted up Nurse Boiler
to get her statement.

She thought she was having
a confidential conversation.

Is the defense suggesting
we don't have a right

to question potential witnesses?

I agree with
Miss Porter.

Dr. Fernandez
ordered Nurse Boiler

to treat Tess Middleton.

Statement is suppressed.

Without the nurse's
testimony...

We'll have nothing
to impeach Tess Middleton with

when she takes
the stand.

Let's have Ed
and Ray talk

to everyone who's
ever known her.

How'd she meet
her husband?

Thank you. Oh,he was a member
at the gym she was working at.

Kensington Sports Club,
personal trainer.

Oh,I know that club.

Hot young trainers,

out-of-shape
investment bankers

looking for
trophy wives.

You can always
get a treadmill.

(both laughing)

WOMAN:
She never wanted a baby

until Carl came through
the front door.

Why is that?

Didn't want the
weight gain,

the stretch marks,
the swollen feet.

Why'd that change
with Carl?

She said she
was in love.

But you don't buy it?

I don't like to gossip.

This is a murder investigation,
hon,you got permission.

Tess was a trader-upper.

Trader-upper?
She'd date a guy,

and then dump him
when she found someone richer.

Why stop at Carl Middleton?

Who said
she stopped?

Tess Middleton's
a piece of work.

When she met Carl,
she was officially in love,

and oh-so-reformed

Couldn't wait to make meat loaf
and start cranking out kids.

He bought her
whole act.

And he wasn't the only one.

I bet a girl like that's
got a few ex-boyfriends

who'd be willing to dish.

I'll give you a list.

Tess left me
for Carl Middleton.

You don't sound
so broken up about it.

I knew what she was
from the start.

I didn't care,
'cause she was hot.

What kind
of girl was she?

Ambitious
is one word.

Hmm. Gold digger
another?

Ah,she is
what she is.

No hard feelings.

I got what I wanted.

I feel bad for
Middleton,actually.

Why is that?
He married her.

Poor guy hasn't
got a clue.

You know that song,

"You Call It Jogging,But
I Call It Running Around?"

That was Tess.

Listen,man,

I saw her with another guy
about a month ago.

You think it was a date?

I think it was a hookup.

She tried to spin the whole
just-a-friend angle

when she saw me,

but they were all
over eh other.

All over each other?

Public display of affection?

The kind where you want to yell,
"Hey,you two,get a room."

Any idea
who the guy was?

I'd never seen
him before.

I heard Tess
call him by name.

One of those poofy,
British names,you know,

like Albert,or Aloysius,
something like that.

Alistair?

Like,uh,Alistair Cooke?

Alistair,that was it.

Alistair Joyce.????

???? ddleton's credibility.

Not to mention Joyce's.

Representing both parties
to a contract,

sleeping with a client.

He's really racking them up
for the Ethics Review Board.

Middleton and Joyce
are the only witnesses

who can testify to
Johnson's alleged extortion.

Use the affair to impeach
the testimony of both lovebirds.

What about Carl Middleton?

Shouldn't we take
another run at him?

So far,he's standing
by his wife.

Well,maybe the affair
will make him reconsider.

I'm not going to
testify against my wife.

I'm not asking you
to do that.

I'm asking you to testify
for Kimmy Johnson.

The defense is going
to paint her

as an opportunistic
extortionist.

You trusted her
to carry your child.

Kimmy Johnson
lost that trust

when she attacked Tess
and tried to take Nicholas.

Are you aware your wife
was having an affair

with Alistair Joyce?

I don't believe that.

We have an eyewitness
who saw them together

at Northside Park
being intimate.

You have an
eyewitness

who claims she was
on the pill,too.

My wife wasn't on the pill,
she's not having an affair,

and I'm not gonna
testify against her.

I'm not gonna help
you put my wife

in prison.

Now if you'll excuse me,

I have to go pick up
my son at daycare.

You saw Tess Middleton

and Alistair Joyce
embracing at the park?

If that's what
you want to call it.

Well,what would
you call it? Making out.

Getting it on.
Did that surprise you?

Not particularly.

Why not?
A married woman.

Tess has always had lots
of boyfriends.

Including you?
Yeah.

But that was before
she was married.

People don't change.

She was a player.

How long did you go out with her?

A few months.
And what happened?

She dumped me
for Carl Middleton.

Were you surprised by that?
Not at all.

She told me point blank
that she would dump a boyfriend

as soon as she could
trade him in for someone richer.

Did she ever mention wanting
to have a child?

She mentioned not wanting one.

Did she say why?

She didn't want to get pregnant.

Tess was obsessed
with her weight.

She barely ate,she
worked out all the time.

A lot of women worry
about their weight.

Tess was on the pill,too.

Having a baby
would ruin her figure.

Did she say that?
A few months before

she got married,she told me
that Carl wanted children.

Had that changed her mind
on the subject?

Hardly. She said the idea
of getting fat

to have a baby
turned her stomach.

No further questions,

Your Honor.

My client dumped you
for Carl Middleton?

Yeah.

You sound a little
defensive,Mr. Borthwick.

Isn't it true that you were

so angry when Tess
Middleton broke off

your relationship,
that you repeatedly made calls

to her place of employment?

I might have called once
or twice.

And when my
client didn't

return those phone calls,
you waited outside

the club until you had
to be asked to leave?

I belong
to that gym.

Did that entitle
you to lurk outside,

waiting for employees
to get off work?

It wasn't like that.

I wasn't stalking her.
I just wanted to talk.

Isn't it true

that you are so angry
with my client

for breaking up with you,

that you would say anything
to get back at her?

Nothing further.

When Kimmy called me,
she only wanted to know

how much the Middleton's
would owe her in child support

if a court
gave her custody.

But more child support would
have been better for Nicholas.

Didn't Kimmy Johnson just want
what was best for the baby?

Definitely not.

Kimmy would accuse
Mrs. Middleton

of bad parenting
until she wrote a check.

Kimmy Johnson
just wanted money.

All surrogates do.

Objection.
JUDGE: Sustained.

Nothing further.

Dan Borthwick testified

that he saw you
and Mrs. Middleton

making out in
Northside Park.

Mrs. Middleton

and I have a strictly
professional relationship.

All Dan Borthwick saw was simply
a lawyer consoling his client.

Oh,is that what they call it
these days?

Objection.

JUDGE:
Miss Scofield?

Withdrawn. Why were you
consoling Mrs. Middleton?

She was upset
about Kimmy's behavior.

The threats
and demands.

We were discussing
whether we should tell her husband

about it.

How far is your office
from the park?

Um,it's about
an hour,I guess. Do you drive

that far to make love
to all your clients?

Objection!
Sustained.

An hour each way is
a long way to drive

to meet with a
client,isn't it?

There's a restaurant

on the north side
that I wanted to try.

Lobster flown in from Maine.

Because it was so far out
of the way,

you knew Mr. Middleton would
never see the two of you there.

Objection! Asked and answered.

Yes,it was.

No further questions.

So much for impeaching
Joyce with the affair.

I don't think I laid
a glove on him.

He's hiding something.
The jury must have seen that.

He still made Kimmy Johnson
look like an aggressive,

manipulative extortionist
who acted

in character the night
she attacked Tess Middleton.

We need to counter.

We could put her
mother on the stand-- a sympathetic witness.

A jury may feel for her,

but they'll never see her
as an impartial witness.

You want to take
a final stab

at getting Carl
Middleton to testify

to Kimmy's behavior
during the surrogacy?

We could call him
as a rebuttal witness.

Maybe,if we
could convince him

with irrefutable proof
of his wife's affair.

Joyce said he was meeting
Tess Middleton for dinner

the night Borthwick
spotted them,right?

Mm-hmm. A lobster
restaurant

he wanted to try
on the Northside.

How many lobster restaurants
could there be in Indianapolis?

They come in here
a couple times a week.

Big tippers.
That lady...

Tess Middleton.

Mr. Joyce's latest.

His latest?

He's had a lot
of girlfriends.

A ladies' man?
He's in here

with almost a different woman
every night of the week.

And the moment she steps away,
he starts flirting

with the waitresses.

Were they intimate at dinner?

Intimate?

Smooching,touching,you know.

They just ate.

They must have saved
the intimacy for after dinner.

Went someplace else for dessert.

Any idea where?

Sure. Right upstairs.

Mr. Joyce always
made a room reservation

so he could spend
some alone time after dinner

with his lady
of the evening.

How often would he book
a room with her?

Every Tuesday
and Thursday night.

20 people here will back me up.

We all remember
Mrs. Middleton because

she would always ask about
all the ingredients in the food.

Never wanted anything made
with butter or cream.

We called her "The Substitute."

If you'll excuse me.

Thanks.

Quite the ladies' man.

No wonder Middleton
was on the pill.

She got pregnant,he'd drop her
like a hot potato.

Look,so she had lunch
with Alistair Joyce.

He was our lawyer.

They rented a room

every Tuesday and
Thursday night.

We have affidavits
from the waitresses,

the concierge,
the bellboy.

Everybody at the
Pine Hill Inn

knew they were
sleeping together.

What is it you want from me?
Mr. Middleton,

I know you're trying
to protect your family,

but please testify.

Your wife betrayed you.

She took oral
contraceptives

to prevent a pregnancy so
she could keep her lover.

She was not
taking birth control

when she was trying
to get pregnt.

We know that she was.
You can't prove that.

No,we can't,because of
doctor-patient privilege,

but we know that it's true.

Your wife's lover
testified yesterday

that Kimmy Johnson was
an aggressive extortionist.

Is that the Kimmy Johnson
you knew?

No.

When she found out

you were looking for a
surrogate,she offered to do it.

I tried to talk her out of it,
but she insisted.

You really think
she did it for the money?

Her mother said she would
have done it for free.

I think she would have.

I really do.

Then stand up for her.

You're the only person
who can testify

about how she really behaved

during the surrogacy.

I thought
it was a little strange

that she came home so late,

but Tess said that she went out
with the girls after class.

Did you ever ask her
where she went?

Yes,but she was always vague.

Did you suspect
an affair?

It crossed my mind.

I'd always been

lucky in business
and unlucky in love...

till I found Tess,

or so I thought.

I guess I...

just didn't want
to know the truth.

While your wife
was cheating on you,

Kimmy Johnson was carrying
her child,your child.

Yes.

How did Kimmy Johnson behave
during the surrogacy?

She was responsible,caring.

Always so genuinely concerned
about Nicholas,

all through
the pregnancy

and after giving birth as well.

Did you ever witness anything

that suggested
she was extorting your wife?

No,never.

When Tess told me that Kimmy was
extorting her,I was shocked.

It just didn't compute
with the person that I knew.

The night of

the murder,
how did your wife behave

after she came home and told you
she killed Kimmy Johnson?

She was so calm that I thought
she was in shock.

You told the police
she was distraught.

I thought she was.

Crying,inconsolable.

I lied.

I was trying to protect my wife.

Thank you,
Mr. Middleton.

You told investigators
that you found your wife crying

over the killing when you got
home from work that night.

As I said,I lied.

Or you're lying now.

Why should we believe
anything you say?

I love my wife.

I don't want
to believe that

she would cheat on me,
or lie about her

fertility... or about Kimmy,

but I need to tell the truth.

Kimmy Johnson was a good person.

You don't have any idea

what went on in Kimmy Johnson's
house that night,do you?

No.

Mrs. Middleton,why did you go
over to Kimmy Johnson's house

the day she died?

Because Kimmy found out

I was having an affair
with Alistair Joyce.

Mrs. Middleton,

I asked you why you went
to Kimmy's house that day.

Like I said,
because Kimmy found out

about my affair with Alistair.

Mrs. Middleton,we discussed
your self-defense claim

and your defense of a third-
party claim in trial prep.

I'm sorry,

but now that my husband
has turned on me,

I need to tell the truth.

Your Honor,
objection.

What is counsel
up to?

Your Honor,I have no idea what
my client is going to say.

I'd like to make a request that
she testify in the narrative.

Objection!
Overruled.

Request is granted.

Mrs. Middleton,
you may continue.

When Kimmy stopped by that day,
she caught us,Alistair and me,

in a... compromising position.

My husband had thrown Alistair
a lot of business at my request,

and he was terrified Carl would
find out about the affair.

He wanted to go to Kimmy's house
to talk with her,

and I went with him.

JUDGE:
Please,continue, Mrs. Middleton.

What happened at
Miss Johnson's house?

Alistair beggeKimmy not to say
anything about the affair,

but she said she was going
to tell Carl everything.

That Carl would be so desperate
to keep testimony

about the affair away
from a custody judge,

that he would pay anything,

and that's when...

That's when what?

That's when Alistair took the
letter opener off of the table

and stabbed her with it.

????

????

Defense counsel filed an
affirmative defense,

and is now trying to sandbag
the prosecution

by abandoning it at trial.

I had no idea
Mrs. Middleton would change

her defense on the
stand,Judge.

As her attorney,
I can't tell her

what to say.

A defense attorney has
an ethical obligatiotH

not to suborn perjury.

Which is why
I requested she testify

in the narrative,
Your Honor.

I agree,Ms. Porter,
you acted appropriately.

Your Honor,
the prosecution

is now severely
prejudiced.

The People have
not had time

to prepare a
trial strategy

to combat the defendant's
trial stunt.

I'll grant you
a continuance,

Ms. Scofield,two days.

So she waits until
she's at trial

to point a finger
at the boyfriend.

Could be enough
to create reasonable doubt

in the minds
of the jurors.

And if it's true?

As soon as he heard
about her testimony,

Joyce denied any involvement
and got a lawyer.

Right now we don't have
anything against him

other than Tess Middleton's
accusations.

We need to check
into her story.

I looked back at
the murder book.

There was some blue
cashmere fibers at the scene

that were never matched

with either Kimmy Johnson
or Tess Middleton.

Lets see if they're
a match for Joyce.

I'll get the
search warrant.

I'll come with ya.

Tess Middleton is a desperate
woman on trial for murder.

She'd say anything.

I assume your
lawyer's on his way?

Be here any minute.

Didn't he advise you
not to say anything?

Yes.

Follow it.

Nice pad.

I don't know.
Could use some doilies.

Doilies?

Yeah,something
to warm the place up.

e
How about a blow torch?

to
Ooh,nice threads.

I'm a cashmere
kind of guy myself.

Please be

respectful of my property.

You always go for
the same type,don't you?

Young,beautiful,slender,

emphasis on slender.

I'm not going to answer
any more questions

till my lawyer's present.

You keep saying that
and yet you just keep talking.

CB
Hey,Ray.

Blue cashmere.

I like cashmere,

but it sheds.

Didn't realize
you left

some of this back at
Kimmy Johnson's did you?

Oh,yeah,I forgot.

He's not answering
any questions.

You just have to nod
your head,brother.

You have the right
to remain silent,

because as you very well know,
anything you say

can and most likely will be used
against you in a court of law.

Nice Miranda.
Thanks.

Full immunity in exchange
for my client's testimony

against Mrs. Middleton.

Not a chance.
We can prove

he was there.

Fibers from his sweater match
fibers found at the crime scene.

Even if he
was there,

there's no evidence
to suggest he stabbed her.

At the very least,
he helped cover it up.

What are you offering?

Assisting a criminal,
eight years.

Four suspended.

Tell me what happened.

We knew Carl wasn't going to be
home for several hours.

You were at the
Middleton house.

Yeah,downstairs

on the couch.
What were you doing?

Do I need to paint you
a picture?

Please,don't.

We were enjoying ourselves

when we heard a knock
at the front door.

Before we had time to react,

the door opened
and there stood Kimmy Johnson.

Did she see you were
with Mrs. Middleton?

Oh,yeah...
in flagrante delicto.

and,uh,believe me,
it was delicto.

Kimmy rushed out of the house.

I called her on her cell.

You thought you could talk
her into keeping quiet?

I thought we could work
something out,

but she was hysterical.

So what did you do?

Tess and I argued.

Tess wanted to go over
to Kimmy's house,

try to pay her off.

And did you go?

Tess drove.

What happened
when you got there?

Tess went inside.

I stayed in the car
with the baby,

until I heard them arguing
inside.

Did you go into the house?
Yes.

Did you bring the baby with you?

No,I left him
in the car.

What did you see in there?

Kimmy was lying on the floor
in a pool of blood.

Tess had just stabbed her

and was still holding
the letter opener.

Why didn't you
call 911?

Kimmy was already gone.

Did Mrs. Middleton say
why she stabbed her?

She said that
Kimmy threatened

to expose the affair.

e said that she was going
to sue for custody of the baby.

Why didn't you call the police?

I was afraid that they would
think I was involved.

Did you promise
Mrs. Middleton

that you wouldn't call
the poce?

We were the only two people
who knew what happened

in that house.

We agreed not to sell
each other out.

JUDGE:
The State of Indiana v. Tess Middleton.

The jury finds the defendant

for the charge of murder guilty.

TESS:
It's okay.

It's okay.

Thank you,Miss Chase.

You're welcome.

Mr. Middleton,

thanks again for testifying.

I know it wasn't easy.

It was the right thing to do,
for Kimmy and for my son.

I'm sorry for your loss.

Our loss.

I know you cared for Kimmy.

I thought the world of her.

I hope you'll come see Nicholas.

I will,thank you.

You know,the
funny thing is,

I don't think
Carl Middletondl

would have left her
if he just told him

she didn't want
to have a baby.

She didn't have to go
through any of it.

People assume
everyone's like they are.

Tess wanted Carl for his money.

She assumed he wanted her

for equally
shallow reasons.

He would have found
her out eventually.

Not everyone

has a prosecutor's suspicious
mind,Annabeth.

About the Bishop case.

You're not used

to sitting on the sidelines.

I'm not just the victim's
spouse,Maureen.

I'm also a good lawyer.

Maybe it wasn't the best idea
for me to take the appeal.

We can give it back to the
Attorney General's Office.

No,I want you
to handle the appeal.

Then I need you to trust me.

I do trust you.

I promise,I'm going
to try to be more Zen

about the whole thing,okay?

More Zen?

We'll see how that goes.

What are you saying?

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