1 00:00:06,006 --> 00:00:08,633 Deborah Glass. I did not call her, Adam. 2 00:00:08,717 --> 00:00:12,053 Suarez took me off the Scott Glass case. 3 00:00:12,137 --> 00:00:13,388 Ambition can be costly. 4 00:00:13,471 --> 00:00:14,723 Fuck you, Haller. 5 00:00:14,806 --> 00:00:17,726 What else did you learn from your meeting with Trina Rafferty? 6 00:00:17,809 --> 00:00:20,020 Gloria admitted to her that she planted the gun. 7 00:00:20,103 --> 00:00:21,312 Objection, hearsay. 8 00:00:21,396 --> 00:00:24,482 On the orders of a DEA agent named James De Marco. 9 00:00:24,566 --> 00:00:26,192 [De Marco] Your investigator and his wife. 10 00:00:26,276 --> 00:00:28,987 If they wanna know about me, they should just come and ask. 11 00:00:29,070 --> 00:00:30,155 I'm right here. 12 00:00:30,238 --> 00:00:33,074 We have a new piece of evidence against De Marco, and it's big. 13 00:00:33,158 --> 00:00:34,409 Bingo. 14 00:00:34,492 --> 00:00:36,453 I will allow Agent De Marco to testify. 15 00:00:36,536 --> 00:00:38,580 I'm keeping you on a very short leash. 16 00:00:38,663 --> 00:00:42,042 [Mickey] Gloria received this subpoena on the evening of August 3rd. 17 00:00:42,125 --> 00:00:44,252 Forty-one minutes later, she made that call. 18 00:00:44,335 --> 00:00:46,129 Would you mind dialing the number? 19 00:00:46,212 --> 00:00:48,298 [secretary] Drug Enforcement Administration. 20 00:00:48,381 --> 00:00:50,175 What about this man wearing a hat? 21 00:00:50,258 --> 00:00:52,135 [Hensley] I think this man was following her. 22 00:00:52,218 --> 00:00:54,387 The man in the hat was Neil Bishop. 23 00:00:54,471 --> 00:00:56,723 Guy who gave you the coke, any idea who he was? 24 00:00:56,806 --> 00:01:00,435 Said his name was Hector something. Uh, Moya? 25 00:01:00,518 --> 00:01:03,646 I'm no rat, Mickey. You know that. This guy could come after me. 26 00:01:03,730 --> 00:01:06,191 -What if I'm not looking for a drink? -Parking lot. 27 00:01:07,025 --> 00:01:09,778 James De Marco. You're under his thumb, right? 28 00:01:09,861 --> 00:01:11,071 -[Eddie] Mr. Haller? -What? 29 00:01:11,613 --> 00:01:13,114 -[loud crash] -[Eddie yelps] 30 00:01:13,198 --> 00:01:17,994 If there's one thing I've learned, you gotta let the ghosts go, 31 00:01:18,078 --> 00:01:19,996 or they will drag you under, 32 00:01:20,080 --> 00:01:22,624 and you'll never be the lawyer you need to be. 33 00:01:22,707 --> 00:01:24,667 We can't waste more time. We gotta get him out. 34 00:01:24,751 --> 00:01:26,086 He can't take any more. 35 00:01:27,170 --> 00:01:28,171 [chains clink] 36 00:01:29,631 --> 00:01:31,007 -[blade swooshes] -[inmate grunts] 37 00:01:31,091 --> 00:01:32,759 [dramatic music playing] 38 00:01:32,842 --> 00:01:33,927 [music ends] 39 00:01:41,851 --> 00:01:44,020 [vibrant music playing] 40 00:01:44,104 --> 00:01:46,147 [water bubbling rapidly] 41 00:01:51,361 --> 00:01:54,781 ♪ Walked in the joint and there was hell to pay ♪ 42 00:01:56,032 --> 00:01:59,035 ♪ Just lookin' around It looked like judgment day ♪ 43 00:01:59,536 --> 00:02:01,955 ♪ Every man I ever owed was in-- ♪ 44 00:02:02,038 --> 00:02:04,290 -[music stops abruptly] -[mutters in Spanish] 45 00:02:10,630 --> 00:02:12,841 [phone rings] 46 00:02:15,510 --> 00:02:16,344 Hello? 47 00:02:16,886 --> 00:02:17,971 Yeah, this is him. 48 00:02:19,597 --> 00:02:23,143 Wait, what? What are you talking about? When did this happen? 49 00:02:23,977 --> 00:02:25,103 I'm on my way. 50 00:02:25,186 --> 00:02:27,188 [suspenseful music playing] 51 00:02:27,939 --> 00:02:30,400 [Mickey] Julian's in the hospital. He was attacked by an inmate. 52 00:02:30,483 --> 00:02:32,652 -Holy shit. -Oh my God. Attacked how? 53 00:02:32,735 --> 00:02:35,655 All I know is he was stabbed during the transfer from county. 54 00:02:35,738 --> 00:02:38,741 Wait, how does this happen? Don't they have, like, guards guarding? 55 00:02:38,825 --> 00:02:41,703 If someone wants you in jail, they'll get you. How bad is it? 56 00:02:42,287 --> 00:02:44,873 I don't know yet. I'm on my way to the hospital right now. 57 00:02:44,956 --> 00:02:47,584 Lorna, call Judge Turner's clerk. Tell them what happened. 58 00:02:47,667 --> 00:02:50,503 See if she'll postpone court while I get more information. 59 00:02:50,587 --> 00:02:51,421 Will do. 60 00:02:51,504 --> 00:02:54,048 That will buy us time to think about how to prevent a mistrial. 61 00:02:54,132 --> 00:02:55,967 Wait. A mistrial? What? 62 00:02:56,050 --> 00:02:58,428 Forsythe is going to move for a mistrial right away. 63 00:02:58,511 --> 00:03:00,680 He knows we're landing with the jury, 64 00:03:00,763 --> 00:03:03,224 and he's going to use this to try to get a do-over. 65 00:03:03,308 --> 00:03:06,019 That's what I'd do. Cisco, find out who stabbed Julian. 66 00:03:06,102 --> 00:03:08,271 If there's any connection to Bishop or De Marco. 67 00:03:08,354 --> 00:03:10,732 -I'm on it. -You think De Marco's behind this? 68 00:03:10,815 --> 00:03:12,775 [Mickey] I can't prove it, but it makes sense. 69 00:03:12,859 --> 00:03:15,486 If they take Julian out, the whole case goes away. 70 00:03:16,112 --> 00:03:19,991 It means we have to start all over. It means another year in jail for Julian. 71 00:03:20,074 --> 00:03:20,950 Oh my God. 72 00:03:21,034 --> 00:03:24,370 We can't let him get a mistrial. Lorna, find some precedent. 73 00:03:24,454 --> 00:03:26,831 Trials that continued without the defendant in court. 74 00:03:26,915 --> 00:03:29,167 If I don't leave now, I'll be late for the McCrudden hearing, 75 00:03:29,250 --> 00:03:31,836 but we're setting a pretrial, so it won't take long. 76 00:03:31,920 --> 00:03:35,798 Meet me in Judge Turner's courtroom. Try to have something to say to her. 77 00:03:35,882 --> 00:03:36,966 Yep, got it. 78 00:03:37,050 --> 00:03:40,178 Izzy, meet me at the hospital. I can't stay long. I need you there. 79 00:03:40,762 --> 00:03:41,721 I'm on my way. 80 00:03:41,804 --> 00:03:43,139 All right, I'll see you soon. 81 00:03:44,432 --> 00:03:45,391 [sighs heavily] 82 00:03:51,439 --> 00:03:52,941 -[horn beeps] -[tires screech] 83 00:03:53,024 --> 00:03:55,443 -[Glory] Watch it. -I see it, I see it. 84 00:03:55,526 --> 00:03:57,779 [Glory] Sure, that's what you always say, 85 00:03:57,862 --> 00:04:00,240 and then you end up with coffee all over your tie. 86 00:04:02,533 --> 00:04:04,369 You took your eye off the ball. 87 00:04:05,870 --> 00:04:08,122 I covered every base I could think of. 88 00:04:08,623 --> 00:04:10,541 I moved him into protective housing. 89 00:04:10,625 --> 00:04:13,253 Even Hector Moya said his guys would keep an eye on him. 90 00:04:13,336 --> 00:04:15,171 That's not what I'm talking about. 91 00:04:15,255 --> 00:04:18,716 If you had just told me the truth, we wouldn't be in this mess. 92 00:04:18,800 --> 00:04:19,926 Ever think about that? 93 00:04:20,009 --> 00:04:21,886 I did what I had to do. 94 00:04:23,012 --> 00:04:24,389 You ever think about why? 95 00:04:25,682 --> 00:04:27,809 Why I felt like I couldn't tell you? 96 00:04:29,769 --> 00:04:30,728 [quietly] Yeah. 97 00:04:30,812 --> 00:04:32,647 It doesn't matter anymore, does it? 98 00:04:33,147 --> 00:04:35,525 The only thing that matters is, what do I do now? 99 00:04:35,608 --> 00:04:37,819 You should be bringing down De Marco. 100 00:04:37,902 --> 00:04:39,404 I'm trying, Gloria. 101 00:04:39,487 --> 00:04:42,532 There's a process, you know? There's rules we have to follow. 102 00:04:42,615 --> 00:04:43,700 [Glory] Fuck that. 103 00:04:43,783 --> 00:04:46,536 These assholes don't follow any rules. 104 00:04:46,619 --> 00:04:49,122 Somebody gets in their way, and they kill them. 105 00:04:49,622 --> 00:04:51,541 And you're letting them get away with it. 106 00:04:51,624 --> 00:04:53,126 [poignant music playing] 107 00:04:53,710 --> 00:04:55,670 I need you, Mickey Mantle. 108 00:04:56,587 --> 00:04:59,048 You gotta get a hit here, do you understand? 109 00:04:59,716 --> 00:05:02,677 Don't let me be just another story they tell, huh? 110 00:05:04,178 --> 00:05:07,515 Nail these fuckers… for me. 111 00:05:08,766 --> 00:05:11,185 [poignant music continues] 112 00:05:30,913 --> 00:05:31,789 [car horn beeps] 113 00:05:36,377 --> 00:05:38,379 [theme music playing] 114 00:05:50,808 --> 00:05:52,727 I'm very sorry, sir, but he's in custody. 115 00:05:52,810 --> 00:05:55,063 Somebody tried to kill him and you're worried he'll escape? 116 00:05:55,146 --> 00:05:58,316 We have procedures to follow. You're not listed as a next of kin, so-- 117 00:05:58,399 --> 00:06:00,234 But it doesn't-- This is discriminatory! 118 00:06:00,318 --> 00:06:04,864 No. We treat all married couples the same, regardless of sexual orientation. 119 00:06:04,947 --> 00:06:07,283 But you and the patient are not married, Mr. Lyons. 120 00:06:07,367 --> 00:06:09,410 Excuse me, I'm the patient's lawyer. 121 00:06:09,494 --> 00:06:12,455 I'm sure you understand Mr. Lyons is just worried about him. 122 00:06:12,538 --> 00:06:16,209 Yes. I promise someone will let you know as soon as we have any update. 123 00:06:16,292 --> 00:06:20,129 Right now, all I can tell you is that Mr. La Cosse is still in surgery. 124 00:06:20,213 --> 00:06:22,006 If you would please both take a seat. 125 00:06:22,090 --> 00:06:24,717 Of course. Thank you for your help. Thank you. Come on. 126 00:06:26,052 --> 00:06:26,886 This is insane. 127 00:06:26,969 --> 00:06:28,679 They're just doing their jobs, David. 128 00:06:28,763 --> 00:06:34,602 No. How could somebody stab Julian and… and nobody be around to stop it? 129 00:06:36,396 --> 00:06:38,731 Mickey, he could have died. 130 00:06:38,815 --> 00:06:40,775 Okay? He could still die. Julian… 131 00:06:41,984 --> 00:06:45,196 -Do you understand? -Yes. I'm gonna get to the bottom of it. 132 00:06:45,279 --> 00:06:47,073 I have people looking into it. 133 00:06:48,908 --> 00:06:50,827 You know, you said you could keep him safe. 134 00:06:51,953 --> 00:06:53,204 And now look where we are. 135 00:07:02,338 --> 00:07:05,633 [judge] Case number BA72539. 136 00:07:05,716 --> 00:07:07,468 People versus McCrudden. 137 00:07:07,552 --> 00:07:09,804 [indistinct chatter] 138 00:07:09,887 --> 00:07:12,557 [judge] BA72539. 139 00:07:13,057 --> 00:07:14,183 Is counsel here? 140 00:07:14,267 --> 00:07:16,727 [background chatter continues] 141 00:07:18,479 --> 00:07:22,150 [judge] Last chance. BA72539. 142 00:07:22,775 --> 00:07:25,403 Going once. Going twice. 143 00:07:25,486 --> 00:07:28,197 Uh, Your Honor, I see counsel in the courtroom. 144 00:07:28,281 --> 00:07:30,032 -If you'll give me a moment? -[judge] Please. 145 00:07:30,116 --> 00:07:32,326 Take all the time in the world, Miss Freemann. 146 00:07:32,410 --> 00:07:35,121 It's not like the rest of us have anything better to do. 147 00:07:36,330 --> 00:07:38,249 Lorna. Lorna. 148 00:07:38,833 --> 00:07:40,042 -Lorna! -[Lorna gasps] 149 00:07:40,126 --> 00:07:41,502 Oh shit. 150 00:07:41,586 --> 00:07:43,713 Sorry, I was in the zone. Did they call my case? 151 00:07:43,796 --> 00:07:44,797 Yes. Three times. 152 00:07:44,881 --> 00:07:45,965 [Lorna groans] 153 00:07:47,008 --> 00:07:48,676 -Everything all right? -Not really. 154 00:07:48,759 --> 00:07:50,344 Somebody stabbed Julian La Cosse. 155 00:07:50,428 --> 00:07:52,430 I have to argue in front of that judge next. 156 00:07:52,513 --> 00:07:54,474 Oh my God. I'm so sorry. 157 00:07:54,557 --> 00:07:56,601 It's okay. Thank you for coming to get me. 158 00:07:56,684 --> 00:07:59,270 -Yeah. -What are you doing here, anyway? 159 00:07:59,353 --> 00:08:01,272 [gasps] Are you on calendar duty? 160 00:08:01,355 --> 00:08:02,523 Unfortunately. 161 00:08:02,607 --> 00:08:04,901 It's a long and depressing story. 162 00:08:04,984 --> 00:08:08,362 Anyway, I really am sorry about your client. 163 00:08:08,446 --> 00:08:10,823 Let me know if there's anything I can do to help. 164 00:08:11,324 --> 00:08:14,160 Wanna drop these charges so I can get out of here? 165 00:08:14,243 --> 00:08:15,870 -I'm not that sorry. -[judge] Counsel. 166 00:08:15,953 --> 00:08:17,497 Come on. Let's get this over with. 167 00:08:18,122 --> 00:08:20,124 [upbeat music playing] 168 00:08:22,543 --> 00:08:25,171 Excuse me. Watch out. Excuse me! 169 00:08:26,172 --> 00:08:28,174 [music continues] 170 00:08:42,063 --> 00:08:44,065 [music fades] 171 00:08:44,732 --> 00:08:45,816 [officer] Cisco. 172 00:08:45,900 --> 00:08:48,152 I can't tell you shit, okay, man? 173 00:08:48,236 --> 00:08:51,280 Guy stabs another prisoner, and you wanna protect his privacy? 174 00:08:51,364 --> 00:08:53,449 No. I wanna keep my job. 175 00:08:53,533 --> 00:08:55,701 Besides, I wasn't on duty last night. 176 00:08:55,785 --> 00:08:58,079 As if you're not all talking about this. 177 00:08:58,162 --> 00:09:01,165 And you sit here, pretending you haven't heard his name 178 00:09:01,249 --> 00:09:03,084 twenty times in the last hour? 179 00:09:03,167 --> 00:09:04,627 What's your point? 180 00:09:05,503 --> 00:09:07,505 [tense music playing] 181 00:09:11,592 --> 00:09:15,137 My job is to find out information, one way or another. 182 00:09:15,805 --> 00:09:17,640 I either figure out the carrot, 183 00:09:18,599 --> 00:09:19,976 or I figure out the stick. 184 00:09:21,227 --> 00:09:22,937 I don't have time for that now 185 00:09:23,437 --> 00:09:26,399 because we got a client who might not see tomorrow. 186 00:09:27,692 --> 00:09:31,153 So I am appealing to your basic humanity, Ramon. 187 00:09:32,113 --> 00:09:34,198 And I very graciously ask you 188 00:09:35,616 --> 00:09:37,201 to give me a fucking name. 189 00:09:41,247 --> 00:09:42,748 [music fades] 190 00:09:46,544 --> 00:09:48,588 [Eddie] You're doing that thing again, Mr. Haller. 191 00:09:49,088 --> 00:09:50,423 Which thing is that? 192 00:09:50,506 --> 00:09:52,925 [Eddie] Where you blame yourself for everything that happens 193 00:09:53,009 --> 00:09:54,552 to the other people in your life. 194 00:09:56,012 --> 00:09:56,971 Is that right? 195 00:09:58,389 --> 00:10:02,476 You know, the Buddhists say that however much the first arrow hurts, 196 00:10:02,560 --> 00:10:06,564 the pain from the second arrow is always exponentially worse. 197 00:10:07,231 --> 00:10:08,899 What's the second arrow? 198 00:10:09,525 --> 00:10:12,153 The second arrow is the one you shoot yourself with 199 00:10:12,236 --> 00:10:14,447 to punish yourself for the first one. 200 00:10:15,364 --> 00:10:17,199 Did you get that from your LeBron app? 201 00:10:17,283 --> 00:10:18,534 [Eddie chuckles] 202 00:10:22,079 --> 00:10:24,081 This isn't your fault, Mr. Haller. 203 00:10:25,166 --> 00:10:26,834 Neither is what happened to me. 204 00:10:29,378 --> 00:10:30,254 [Mickey mutters] 205 00:10:30,338 --> 00:10:32,006 I wish I could believe that. 206 00:10:34,050 --> 00:10:37,428 For so long, Maggie's been telling me the way I do things is too dangerous, 207 00:10:37,511 --> 00:10:40,056 and one day, it's going to catch up with me. 208 00:10:41,390 --> 00:10:43,351 Only it didn't catch up with me, did it? 209 00:10:44,977 --> 00:10:46,228 It caught up with you. 210 00:10:48,022 --> 00:10:51,609 You're spending too much of your time and energy feeling guilty 211 00:10:51,692 --> 00:10:54,862 and not enough time figuring out how to win this case. 212 00:10:55,905 --> 00:10:57,698 Focus, Mr. Haller. 213 00:10:59,200 --> 00:11:01,035 And don't forget to wear your seat belt. 214 00:11:01,661 --> 00:11:03,788 [contemplative music playing] 215 00:11:13,881 --> 00:11:15,883 [music fades] 216 00:11:18,386 --> 00:11:21,055 -[phone bleeps] -[suspenseful music playing] 217 00:11:38,406 --> 00:11:41,283 Well, you may as well come in with us. 218 00:11:42,993 --> 00:11:43,869 Yeah, okay. 219 00:11:52,294 --> 00:11:54,338 [music fades] 220 00:11:56,966 --> 00:12:01,512 Your Honor, I don't mean to be callous, but from what I hear, it's touch and go. 221 00:12:01,595 --> 00:12:04,140 And with all due respect, I think there's no other option 222 00:12:04,223 --> 00:12:05,683 but to declare a mistrial. 223 00:12:05,766 --> 00:12:08,144 Well, the court feels so blessed 224 00:12:08,227 --> 00:12:10,938 that you're here to explain its options, Mr. Forsythe. 225 00:12:11,021 --> 00:12:13,983 Your Honor, the defense strenuously objects to a mistrial. 226 00:12:14,066 --> 00:12:17,236 Until we know more about Mr. La Cosse's condition, it's premature. 227 00:12:17,319 --> 00:12:21,532 Premature? Your Honor, even if Mr. La Cosse survives, 228 00:12:21,615 --> 00:12:23,534 who knows how long he needs to recover? 229 00:12:23,617 --> 00:12:26,078 Are we just gonna hold the jury indefinitely? 230 00:12:26,162 --> 00:12:28,873 Judge, I can't say for sure, but I also think 231 00:12:28,956 --> 00:12:31,542 that it's possible that whoever stabbed my client 232 00:12:31,625 --> 00:12:33,461 was trying to get a mistrial. 233 00:12:33,544 --> 00:12:35,629 What? Bullshit. 234 00:12:35,713 --> 00:12:39,383 Mr. Bishop, you will mind yourself in my chambers, understood? 235 00:12:39,467 --> 00:12:40,968 I'm sorry, Your Honor. 236 00:12:41,051 --> 00:12:43,971 But every indication is that this was likely a hate crime. 237 00:12:44,054 --> 00:12:46,390 Mr. La Cosse is gay. 238 00:12:46,474 --> 00:12:49,435 Unfortunately, you're dealing with all kinds of inmates in county. 239 00:12:49,518 --> 00:12:51,979 It doesn't take much to set one of them off. 240 00:12:52,062 --> 00:12:55,024 Do we have any information yet as to who the assailant was? 241 00:12:55,107 --> 00:12:58,569 Not at this time, Your Honor. I'm trying to ascertain that. 242 00:12:59,236 --> 00:13:02,948 Impolitic delivery aside, Mr. Haller, I'm afraid the larger point stands. 243 00:13:03,449 --> 00:13:06,118 There is only so much time the court can afford to wait. 244 00:13:06,202 --> 00:13:07,787 Maybe we don't have to, Your Honor. 245 00:13:07,870 --> 00:13:11,207 I've been in the hospital all morning, so with the court's permission, 246 00:13:11,290 --> 00:13:15,002 I'll turn it over to my cocounsel, Ms. Crane, who can speak to this point. 247 00:13:19,340 --> 00:13:20,841 May it please the court. 248 00:13:20,925 --> 00:13:24,428 It would be the height of prejudice to declare a mistrial at this time, 249 00:13:24,512 --> 00:13:28,516 not only to Mr. La Cosse but to the taxpayers of Los Angeles, 250 00:13:28,599 --> 00:13:31,393 who have spent a small fortune on this case already. 251 00:13:31,477 --> 00:13:36,065 Mr. La Cosse has also spent a substantial amount of money mounting a defense, 252 00:13:36,148 --> 00:13:40,277 not to mention the enormous physical toll incarceration has taken on him. 253 00:13:40,361 --> 00:13:43,656 But perhaps most importantly, Your Honor, Mr. Forsythe and his team 254 00:13:43,739 --> 00:13:46,617 are now privy to the defense's carefully constructed strategy, 255 00:13:46,700 --> 00:13:49,787 and starting again would give him an unfair advantage in a new trial. 256 00:13:49,870 --> 00:13:52,373 No more unfair than the advantage the defense would have 257 00:13:52,456 --> 00:13:54,959 because they have also seen our strategy. 258 00:13:55,042 --> 00:13:57,253 Luckily, we have a remedy for that situation. 259 00:13:57,336 --> 00:14:01,340 Rule 43 of the Federal Rules of Criminal Procedure clearly states 260 00:14:01,423 --> 00:14:04,552 that it is possible for a defendant to be tried in absentia. 261 00:14:04,635 --> 00:14:07,263 While it might often be used due to some egregious behavior 262 00:14:07,346 --> 00:14:08,597 or the defendant's choice, 263 00:14:08,681 --> 00:14:11,767 there is nothing that precludes us from applying that rule here. 264 00:14:11,851 --> 00:14:14,854 Sure, and Section 977 of the California Penal Code, 265 00:14:14,937 --> 00:14:17,815 which is what actually governs trials in this state, 266 00:14:17,898 --> 00:14:20,943 says that the defendant must be personally present at trial 267 00:14:21,026 --> 00:14:24,488 unless they explicitly waive that right in writing, 268 00:14:24,572 --> 00:14:27,867 which, obviously, Mr. La Cosse is in no position to do. 269 00:14:27,950 --> 00:14:32,746 Well, here are cases from jurisdictions, including California, 270 00:14:32,830 --> 00:14:35,457 where trials have continued without the defendant present. 271 00:14:35,541 --> 00:14:37,626 Your Honor, regardless of what these cases say, 272 00:14:37,710 --> 00:14:41,714 continuing this trial while Mr. La Cosse is in the operating room 273 00:14:41,797 --> 00:14:45,467 is all but granting an automatic do-over to the defense 274 00:14:45,551 --> 00:14:46,886 in the event of a conviction. 275 00:14:46,969 --> 00:14:49,555 Which is exactly what granting a mistrial at this juncture 276 00:14:49,638 --> 00:14:52,141 would do for the prosecution, respectfully. 277 00:14:54,518 --> 00:14:57,229 [judge] Well, it seems we are at an impasse. 278 00:14:57,313 --> 00:15:00,900 You both made very strong arguments, which I will take under advisement, 279 00:15:00,983 --> 00:15:03,694 and I will have a ruling for you after lunch. 280 00:15:03,777 --> 00:15:07,281 Now, if you don't mind, I would like to enjoy the rest of my tea in peace. 281 00:15:07,364 --> 00:15:09,658 -[Forsythe] Thank you, Your Honor. -Thank you, Your Honor. 282 00:15:14,496 --> 00:15:16,040 [Bishop sighs] 283 00:15:17,458 --> 00:15:19,543 You couldn't have worn a clean tie. 284 00:15:26,592 --> 00:15:27,426 David? 285 00:15:29,428 --> 00:15:31,180 You're Mr. La Cosse's family? 286 00:15:31,263 --> 00:15:32,097 Yes. 287 00:15:32,598 --> 00:15:36,185 Well, the good news is he's alive, but he is still in surgery. 288 00:15:36,268 --> 00:15:37,144 How bad is it? 289 00:15:37,227 --> 00:15:39,480 It was more complicated than we anticipated. 290 00:15:39,563 --> 00:15:41,190 He lost a lot of blood. 291 00:15:41,273 --> 00:15:43,651 He also had severe lacerations to one of his kidneys. 292 00:15:43,734 --> 00:15:45,861 Unfortunately, we had to remove it. 293 00:15:45,945 --> 00:15:46,904 Jesus. 294 00:15:46,987 --> 00:15:49,323 His heart stopped at one point, but we got him back 295 00:15:49,406 --> 00:15:51,700 to a stable enough place where we can proceed. 296 00:15:51,784 --> 00:15:52,993 Is he gonna make it? 297 00:15:53,619 --> 00:15:56,622 It's hard to say right now, but we're doing everything we can. 298 00:15:56,705 --> 00:15:59,833 I'll find you as soon as there's any more information. 299 00:16:00,376 --> 00:16:02,419 Thank you, Doctor. We appreciate it. 300 00:16:02,920 --> 00:16:03,837 Thank you. 301 00:16:05,089 --> 00:16:07,508 [emotional music playing] 302 00:16:11,929 --> 00:16:13,389 Julian's a fighter, David. 303 00:16:13,472 --> 00:16:16,183 [sighs] He's so weak from all this time in jail. 304 00:16:16,266 --> 00:16:19,186 -I'm just not sure he still has it in him. -He has you. 305 00:16:20,354 --> 00:16:21,730 He knows you're here waiting. 306 00:16:21,814 --> 00:16:23,774 Yeah. Does he? 307 00:16:28,529 --> 00:16:30,531 [music fades] 308 00:16:33,951 --> 00:16:36,537 [phone ringing] 309 00:16:40,791 --> 00:16:42,001 Cisco, what do you know? 310 00:16:42,084 --> 00:16:45,879 The guy who stabbed Julian is named Lalo Vasquez. 311 00:16:46,422 --> 00:16:49,466 He's in on a murder charge. Don't have any other details yet. 312 00:16:49,550 --> 00:16:51,885 He has to be connected to De Marco. 313 00:16:51,969 --> 00:16:54,722 I don't know how, but the whole case might depend on him. 314 00:16:54,805 --> 00:16:56,724 If there's something there, I'll find it. 315 00:16:56,807 --> 00:16:58,058 Might just take some time. 316 00:16:58,142 --> 00:17:00,686 -I'll call you when I know anything. -All right. 317 00:17:03,856 --> 00:17:05,691 [sighs heavily] 318 00:17:05,774 --> 00:17:07,776 [emotional music playing] 319 00:17:10,195 --> 00:17:12,781 [breathes deeply] 320 00:17:17,411 --> 00:17:18,829 [Andrea] Is this seat taken? 321 00:17:18,912 --> 00:17:20,330 [music fades] 322 00:17:23,375 --> 00:17:24,209 It is now. 323 00:17:28,338 --> 00:17:29,423 How did you find me? 324 00:17:29,923 --> 00:17:31,633 Lorna told me where you were. 325 00:17:33,844 --> 00:17:35,512 I'm sorry about your client. 326 00:17:36,638 --> 00:17:38,015 Is he gonna be okay? 327 00:17:39,767 --> 00:17:40,851 We don't know yet. 328 00:17:42,686 --> 00:17:45,898 I was this close to winning this thing, Andy. 329 00:17:46,398 --> 00:17:48,567 I gotta believe that's why they did it. 330 00:17:50,486 --> 00:17:52,529 Is there any evidence of that? 331 00:17:53,113 --> 00:17:56,867 Cisco's looking into it, but he's hitting the bureaucracy wall. 332 00:18:02,081 --> 00:18:03,082 -Listen. -Look, I… 333 00:18:06,001 --> 00:18:08,128 I just wanna say sorry about the other night. 334 00:18:08,212 --> 00:18:11,965 I was out of line. I didn't think before opening my mouth. 335 00:18:13,342 --> 00:18:16,678 That may be true, but you were not wrong. 336 00:18:16,762 --> 00:18:18,722 That place is a snake pit. 337 00:18:19,348 --> 00:18:21,391 I should never have trusted Vanessa. 338 00:18:22,601 --> 00:18:23,811 [sighs] I don't know. 339 00:18:25,687 --> 00:18:28,232 Maybe I didn't wanna keep that secret anymore. 340 00:18:31,110 --> 00:18:34,696 It's hard to hold somebody's fate in your hands. 341 00:18:35,197 --> 00:18:39,284 Even when there's nothing you can do, you still feel like it's your fault. 342 00:18:40,077 --> 00:18:44,164 Yeah, except there was something I could have done and should have done. 343 00:18:44,248 --> 00:18:47,209 Andy, come on. Mistakes happen. 344 00:18:47,709 --> 00:18:49,044 You have to forgive yourself. 345 00:18:50,462 --> 00:18:52,714 Maybe you have to learn to take your own advice. 346 00:18:54,049 --> 00:18:55,008 [chuckles softly] 347 00:18:56,343 --> 00:18:59,346 Lorna tells me that Suarez put you on calendar duty. 348 00:19:00,597 --> 00:19:04,309 I want to poke my own eyes out with a dull pencil. 349 00:19:05,394 --> 00:19:10,023 You'll get through this, and he'll realize he's wasting one of his best people. 350 00:19:10,858 --> 00:19:11,984 Yeah, maybe. 351 00:19:19,241 --> 00:19:21,535 [poignant music playing] 352 00:19:21,618 --> 00:19:22,786 It's been nice, Andy. 353 00:19:26,415 --> 00:19:27,249 It has. 354 00:19:31,587 --> 00:19:32,671 [sighs] 355 00:19:32,754 --> 00:19:34,673 We both know it's not working out. 356 00:19:37,134 --> 00:19:40,345 Everything is way too complicated for me right now. 357 00:19:40,929 --> 00:19:45,434 And I don't think either of us are really good at… work-life balance. 358 00:19:47,102 --> 00:19:49,688 That's the real reason I never let you leave a toothbrush. 359 00:19:50,981 --> 00:19:52,107 [chuckles softly] 360 00:19:56,570 --> 00:19:59,031 Maybe one of these days, I'll figure it out, huh? 361 00:20:00,699 --> 00:20:01,533 You will. 362 00:20:02,910 --> 00:20:06,079 Believe it or not, Haller, I have faith in you. 363 00:20:18,717 --> 00:20:20,093 Mickey, you gonna finish that? 364 00:20:23,972 --> 00:20:24,973 It's all yours. 365 00:20:30,771 --> 00:20:34,024 I should get back, find out if I still have a trial or not. 366 00:20:34,983 --> 00:20:36,443 I'll cross my fingers. 367 00:20:58,173 --> 00:20:59,258 [music fades] 368 00:20:59,341 --> 00:21:00,759 Oh, good, we're all here. 369 00:21:01,927 --> 00:21:05,514 This is quite the dilemma, and I regret the unfortunate circumstances 370 00:21:05,597 --> 00:21:07,224 that have led us here. 371 00:21:07,307 --> 00:21:10,352 The duty of the court is to balance the interests of both parties 372 00:21:10,435 --> 00:21:12,396 with the requirements of the law. 373 00:21:12,479 --> 00:21:13,981 -Therefore, my-- -[knock at door] 374 00:21:14,064 --> 00:21:15,023 Yes? 375 00:21:15,107 --> 00:21:18,485 Excuse me, Judge. There's an agent, James De Marco, here 376 00:21:18,568 --> 00:21:20,779 along with an attorney from the DEA. 377 00:21:20,862 --> 00:21:24,866 They say they were ordered to appear, and I quote, "Their time is limited." 378 00:21:24,950 --> 00:21:27,244 [tense music playing] 379 00:21:27,327 --> 00:21:28,620 Thank you, Claire. 380 00:21:28,704 --> 00:21:32,916 Your Honor, given the difficulty we've had in trying to serve Agent De Marco, 381 00:21:33,000 --> 00:21:35,335 the defense urges the court to hear his testimony. 382 00:21:35,419 --> 00:21:39,256 [Forsythe] What? How? Your Honor, we still have an absent defendant. 383 00:21:39,339 --> 00:21:41,550 While I understand the court has already ruled 384 00:21:41,633 --> 00:21:44,720 on Agent De Marco appearing, I still have strong reservations 385 00:21:44,803 --> 00:21:46,930 about the relevance of his testimony. 386 00:21:47,014 --> 00:21:48,390 [Mickey] That's perfect. 387 00:21:48,473 --> 00:21:51,893 We are stuck without a jury while we wait to find out about my client. 388 00:21:51,977 --> 00:21:53,687 We can hear from Agent De Marco 389 00:21:53,770 --> 00:21:55,605 without the jury as an offer of proof. 390 00:21:55,689 --> 00:21:58,025 That way, even if we have to start over, 391 00:21:58,108 --> 00:22:01,361 the court can finally determine if his testimony is relevant. 392 00:22:01,445 --> 00:22:03,739 Your Honor, this is highly irregular. 393 00:22:03,822 --> 00:22:06,575 I'm not even prepared to question this witness. 394 00:22:06,658 --> 00:22:08,910 Why not? There's been a subpoena issued for him. 395 00:22:08,994 --> 00:22:10,954 You just didn't think he'd actually show up. 396 00:22:11,038 --> 00:22:12,789 Well, apparently, neither did you. 397 00:22:12,873 --> 00:22:16,084 This will save the court time in the event of a retrial, Your Honor. 398 00:22:16,168 --> 00:22:19,296 It is a highly efficient use of judicial resources. 399 00:22:21,965 --> 00:22:25,344 Well, my mother always said to make hay while the sun shines. 400 00:22:25,427 --> 00:22:27,929 If the agent is here, let's hear what he has to say. 401 00:22:28,013 --> 00:22:30,891 I will make my ruling about the mistrial afterwards. 402 00:22:30,974 --> 00:22:33,185 -Thank you, Your Honor. -[Forsythe] Thank you, Your Honor. 403 00:22:36,563 --> 00:22:40,567 Convenient De Marco shows up to testify when there may not be a trial anymore. 404 00:22:40,650 --> 00:22:43,820 Ah, a little too convenient. This guy thinks he's untouchable. 405 00:22:43,904 --> 00:22:46,573 So show him he's not. Use the surveillance footage 406 00:22:46,656 --> 00:22:48,950 Cisco got from Sterghos's house in the rebuttal. 407 00:22:49,034 --> 00:22:52,120 -Let him talk his way out of that. -No, I can't. Not yet. 408 00:22:52,204 --> 00:22:53,246 But why? 409 00:22:53,330 --> 00:22:55,624 This guy thinks he can get away with murder. 410 00:22:55,707 --> 00:22:58,377 And he's going to get away with it if we're not smart. 411 00:22:58,460 --> 00:23:01,505 If we show him the video now, and the judge grants a mistrial, 412 00:23:01,588 --> 00:23:04,049 we'll never get him back, and the jury will not see it. 413 00:23:04,132 --> 00:23:05,926 Okay. But if you don't show the video, 414 00:23:06,009 --> 00:23:08,762 and Forsythe argues that De Marco's testimony isn't relevant, 415 00:23:08,845 --> 00:23:10,097 we're not getting him back. 416 00:23:10,180 --> 00:23:12,808 Well, it's a risk we have to take. Trust me, we wait. 417 00:23:12,891 --> 00:23:15,143 [sighs] Fine. Button your jacket. 418 00:23:19,231 --> 00:23:21,066 [Mickey] Good afternoon, Agent De Marco. 419 00:23:21,566 --> 00:23:23,026 Right back at you, Counselor. 420 00:23:23,944 --> 00:23:27,864 Can you tell us how long you've been with the Drug Enforcement Administration? 421 00:23:28,448 --> 00:23:32,035 -It'll be 23 years in September. -[Mickey] 23 years. That's a long time. 422 00:23:32,994 --> 00:23:35,497 And your primary focus is on foreign drug cartels? 423 00:23:35,580 --> 00:23:38,375 I'd say the primary focus of the entire agency 424 00:23:38,458 --> 00:23:39,835 is on foreign drug cartels. 425 00:23:40,627 --> 00:23:41,461 I'm sure. 426 00:23:42,379 --> 00:23:45,382 Now, in the course of your investigations into the cartels, 427 00:23:45,465 --> 00:23:48,343 did you become aware of a man named Hector Moya? 428 00:23:48,427 --> 00:23:49,928 [De Marco] I'm familiar with Mr. Moya. 429 00:23:50,595 --> 00:23:54,891 He's a shot caller for the Tijuana cartel. Not exactly what you'd call a Boy Scout. 430 00:23:55,475 --> 00:23:57,644 And do you know where Mr. Moya is now? 431 00:23:58,353 --> 00:24:01,565 Serving a life sentence in a federal penitentiary, last I heard. 432 00:24:01,648 --> 00:24:05,152 I see. Now, Agent De Marco, can you please tell the court 433 00:24:05,235 --> 00:24:07,654 how you knew the victim in this case, Gloria Dayton? 434 00:24:08,905 --> 00:24:10,115 I didn't know her. 435 00:24:10,198 --> 00:24:13,952 No? Because we've heard testimony that she was your informant. 436 00:24:14,035 --> 00:24:15,454 Is that not true? 437 00:24:15,537 --> 00:24:17,289 It is not true. I never met her. 438 00:24:17,372 --> 00:24:20,417 So, she didn't call you on August 3rd of last year 439 00:24:20,500 --> 00:24:23,712 to tell you she'd been served in a lawsuit involving Hector Moya? 440 00:24:23,795 --> 00:24:27,549 Objection. Asked and answered, Your Honor. Many times. 441 00:24:27,632 --> 00:24:28,967 Sustained. 442 00:24:29,050 --> 00:24:31,052 All right, let's go back to Mr. Moya. 443 00:24:31,136 --> 00:24:33,346 Do you know how he ended up in federal prison? 444 00:24:33,847 --> 00:24:36,850 He was arrested by the police here in Los Angeles 445 00:24:36,933 --> 00:24:39,978 in possession of a substantial amount of cocaine and a firearm. 446 00:24:40,061 --> 00:24:42,814 As I recall, the gun was linked to a murder somewhere. 447 00:24:42,898 --> 00:24:45,358 It was at that point that my agency took over the case. 448 00:24:45,442 --> 00:24:50,572 Okay. And that gun enhancement was what got him a life sentence? 449 00:24:50,655 --> 00:24:52,657 I believe so. Yes. 450 00:24:54,159 --> 00:24:56,286 Now, you're here today, Agent De Marco, 451 00:24:56,369 --> 00:24:59,372 because you received a subpoena from me in this case. 452 00:24:59,456 --> 00:25:02,042 Did you ever receive a subpoena from Mr. Moya's lawyers 453 00:25:02,125 --> 00:25:04,544 in a habeas action to vacate his life sentence? 454 00:25:04,628 --> 00:25:05,795 It's possible. 455 00:25:06,463 --> 00:25:10,258 I get a lot of subpoenas. The agency's lawyers handle most of them. 456 00:25:10,342 --> 00:25:12,886 Well, this one involved you directly. 457 00:25:12,969 --> 00:25:16,848 Mr. Moya is suing the federal government, including your agency, 458 00:25:16,932 --> 00:25:19,267 alleging that you framed him in that arrest. 459 00:25:19,351 --> 00:25:21,603 You're not aware of Mr. Moya's habeas case? 460 00:25:22,229 --> 00:25:25,982 Mr. Moya is a desperate man. And this is America. 461 00:25:26,066 --> 00:25:29,069 You can sue anybody for anything. That doesn't make it true. 462 00:25:29,736 --> 00:25:32,948 The fact is, I had nothing to do with Mr. Moya's arrest. 463 00:25:33,031 --> 00:25:35,825 The DEA wasn't even involved until later. 464 00:25:35,909 --> 00:25:36,826 Like most prisoners, 465 00:25:36,910 --> 00:25:40,121 Mr. Moya's just throwing stuff against the wall to see if it'll stick. 466 00:25:40,205 --> 00:25:42,791 Very well. Turning your attention to this case, 467 00:25:42,874 --> 00:25:45,085 are you familiar with my client, Julian La Cosse? 468 00:25:45,168 --> 00:25:47,170 Any past experience with him? 469 00:25:47,754 --> 00:25:48,713 No. 470 00:25:48,797 --> 00:25:53,134 What about anybody else on this case? Do you know the prosecutor, Mr. Forsythe? 471 00:25:53,718 --> 00:25:54,928 No, I do not. 472 00:25:55,011 --> 00:26:00,100 What about Mr. Forsythe's investigator, Mr. Bishop? He's sitting right there. 473 00:26:01,309 --> 00:26:02,310 Do you know him? 474 00:26:02,394 --> 00:26:04,396 [tense music playing] 475 00:26:04,479 --> 00:26:06,773 I do. A little bit. 476 00:26:07,524 --> 00:26:10,026 Uh, we go back ten years, maybe. 477 00:26:11,653 --> 00:26:12,571 How's that? 478 00:26:13,488 --> 00:26:15,657 [De Marco] He was with the LAPD at the time. 479 00:26:15,740 --> 00:26:18,201 We crossed paths on a double murder in the Valley. 480 00:26:18,285 --> 00:26:20,078 There was suspected cartel involvement, 481 00:26:20,161 --> 00:26:22,914 so the police asked the DEA to consult on the case. 482 00:26:22,998 --> 00:26:26,960 I see. And have you seen or spoken with Mr. Bishop since that time? 483 00:26:27,877 --> 00:26:29,087 No. 484 00:26:29,170 --> 00:26:31,756 So you haven't consulted with him about this case? 485 00:26:33,174 --> 00:26:34,050 No. 486 00:26:34,134 --> 00:26:37,387 Have you consulted with anyone else about this case? 487 00:26:37,470 --> 00:26:40,515 I never heard about this case until you served me with the subpoena. 488 00:26:40,599 --> 00:26:42,767 So, no. The answer is no. 489 00:26:45,228 --> 00:26:46,062 Okay. 490 00:26:58,033 --> 00:27:02,120 So, going back to the double murder where you met Mr. Bishop, 491 00:27:02,203 --> 00:27:05,874 did this murder take place on Montgomery Avenue in Lake Balboa? 492 00:27:09,127 --> 00:27:14,174 I don't recall. It was ten years ago. Like I said. 493 00:27:14,257 --> 00:27:17,052 And are you familiar with the name Peter Sterghos? 494 00:27:17,636 --> 00:27:19,554 [Forsythe] Objection. May we approach? 495 00:27:22,641 --> 00:27:26,269 Your Honor, you have already ruled against Peter Sterghos, whoever he is, 496 00:27:26,353 --> 00:27:28,146 being included as a witness. 497 00:27:28,229 --> 00:27:31,149 Mr. Haller is apparently trying to circumvent that ruling. 498 00:27:31,232 --> 00:27:33,693 I'm trying to establish whether this witness knew 499 00:27:33,777 --> 00:27:36,071 that Peter Sterghos was on our witness list. 500 00:27:36,154 --> 00:27:39,032 He said he's had no contact with anyone involved in this case. 501 00:27:39,115 --> 00:27:41,493 I'll be introducing evidence to the contrary. 502 00:27:41,576 --> 00:27:45,121 There's no evidence. This is a sideshow. In light of an impending mistrial-- 503 00:27:45,205 --> 00:27:48,458 I will decide whether there will be a mistrial, Mr. Forsythe, not you. 504 00:27:49,376 --> 00:27:52,045 Mr. Haller, please, wrap it up. 505 00:27:52,754 --> 00:27:53,713 Yes, Your Honor. 506 00:27:56,007 --> 00:27:58,134 Now, Agent De Marco, 507 00:27:58,218 --> 00:28:02,555 did anyone tell you that Peter Sterghos was a potential witness in this case? 508 00:28:03,139 --> 00:28:05,558 No. I don't know that name. 509 00:28:05,642 --> 00:28:10,689 Okay. Then can you tell the court where you were last Friday night, May 17th? 510 00:28:12,857 --> 00:28:15,151 I was at an all-night stakeout. 511 00:28:15,944 --> 00:28:17,570 My partner can verify that. 512 00:28:18,071 --> 00:28:21,700 [Mickey] And was this stakeout on Montgomery Avenue in Lake Balboa? 513 00:28:23,368 --> 00:28:27,372 I'm afraid I'm not at liberty to discuss ongoing confidential investigations. 514 00:28:27,455 --> 00:28:29,416 Your Honor, I must object again. 515 00:28:29,499 --> 00:28:33,503 Why are we asking questions about random addresses and random evenings 516 00:28:33,586 --> 00:28:35,338 that have no bearing on this case? 517 00:28:35,422 --> 00:28:36,464 Sustained. 518 00:28:37,048 --> 00:28:39,217 Mr. Haller, anything else for this witness? 519 00:28:45,265 --> 00:28:47,267 No, Your Honor. Not at this time. 520 00:28:48,768 --> 00:28:50,395 Mr. Forsythe, any questions? 521 00:28:51,146 --> 00:28:51,980 No, Your Honor. 522 00:28:52,564 --> 00:28:55,108 Very well. Agent De Marco, you're free to go. 523 00:28:55,191 --> 00:28:57,902 -The court thanks you for your time. -Of course, Your Honor. 524 00:29:07,912 --> 00:29:10,790 -He's lying through his teeth. -Well, he's pretty good at it. 525 00:29:11,374 --> 00:29:12,751 [hushed chatter] 526 00:29:25,430 --> 00:29:28,183 Your Honor, the People once again renew our objection 527 00:29:28,266 --> 00:29:29,851 to Agent De Marco's testimony. 528 00:29:29,934 --> 00:29:32,020 None of which was in any way relevant. 529 00:29:32,103 --> 00:29:33,605 And in the event of a new trial, 530 00:29:33,688 --> 00:29:36,107 we would ask that he be struck from the witness list. 531 00:29:36,691 --> 00:29:38,818 So noted, Mr. Forsythe. 532 00:29:38,902 --> 00:29:42,030 Mr. Haller, do you have anything to add before I make my ruling? 533 00:29:49,621 --> 00:29:51,414 -Your Honor, I-- -[phone vibrates] 534 00:29:51,498 --> 00:29:53,750 Your Honor, this is the hospital calling. 535 00:29:53,833 --> 00:29:57,629 Before we argue further, can I please have ten minutes to take this call? 536 00:29:58,296 --> 00:29:59,964 You may have five, Mr. Haller. 537 00:30:00,048 --> 00:30:00,965 Thank you. 538 00:30:05,678 --> 00:30:06,846 Izzy, I need an update. 539 00:30:07,430 --> 00:30:10,058 Julian just got out of surgery. He made it. 540 00:30:11,267 --> 00:30:12,185 Barely. 541 00:30:13,102 --> 00:30:14,020 David's in with him. 542 00:30:14,604 --> 00:30:16,648 -How is he? -It's touch and go. 543 00:30:16,731 --> 00:30:19,192 The doctors say the next few hours will tell the story. 544 00:30:19,275 --> 00:30:20,944 But you're telling me he's awake? 545 00:30:21,778 --> 00:30:25,281 What? I… I just told you that he barely survived the surgery. 546 00:30:25,365 --> 00:30:26,407 He's still unconscious. 547 00:30:26,491 --> 00:30:29,369 Izzy, I need you to tell me that Julian is awake. 548 00:30:31,120 --> 00:30:32,831 Um… 549 00:30:34,165 --> 00:30:36,334 [quietly] Mickey, Julian is awake. 550 00:30:36,417 --> 00:30:37,669 Thank you. 551 00:30:38,711 --> 00:30:40,672 [line beeps] 552 00:30:41,589 --> 00:30:44,342 Your Honor, I've just been told that my client is awake. 553 00:30:44,425 --> 00:30:45,260 What? 554 00:30:45,343 --> 00:30:49,264 With the court's permission, I ask you to please delay any ruling on a mistrial 555 00:30:49,347 --> 00:30:50,682 until I speak to him. 556 00:30:50,765 --> 00:30:51,599 Your Honor, if-- 557 00:30:51,683 --> 00:30:54,727 [Mickey] I understand the People's frustrations and the court's, 558 00:30:54,811 --> 00:30:57,772 but I don't know how long my client will be in a position to talk. 559 00:30:57,856 --> 00:30:59,274 Time is of the essence here. 560 00:31:02,193 --> 00:31:05,154 Okay, then. We will take a 90-minute recess. 561 00:31:05,238 --> 00:31:08,199 I want everyone back here at 3:30 sharp. 562 00:31:08,283 --> 00:31:09,617 Thank you, Your Honor. 563 00:31:09,701 --> 00:31:11,286 -[Mickey whispers] -Okay. 564 00:31:17,750 --> 00:31:19,210 [sighs] 565 00:31:20,420 --> 00:31:21,754 I know what you're gonna say. 566 00:31:25,008 --> 00:31:27,218 Oh yeah? Do tell. 567 00:31:27,302 --> 00:31:30,013 You're gonna tell me what you'd do in this situation. 568 00:31:30,096 --> 00:31:33,433 Well, I know I wasn't the best father in the world, 569 00:31:33,516 --> 00:31:35,685 but I was a very good lawyer. 570 00:31:36,352 --> 00:31:38,313 Just makes sense you'd wanna emulate me. 571 00:31:38,396 --> 00:31:39,898 Is that what you think I'm doing? 572 00:31:39,981 --> 00:31:42,567 I don't know. Whose class ring are you wearing? 573 00:31:46,070 --> 00:31:48,740 You bent every rule there was to bend. 574 00:31:48,823 --> 00:31:51,868 -And you don't? -I'm talking about outside the courtroom. 575 00:31:53,286 --> 00:31:55,705 I do things my way, not yours, okay? 576 00:31:56,581 --> 00:31:58,958 Legal is there if I ever need another point of view. 577 00:31:59,042 --> 00:32:00,209 [Mickey Sr.] Of course he is. 578 00:32:00,710 --> 00:32:03,880 Legal always loved to push the envelope from the safety of his desk, 579 00:32:03,963 --> 00:32:07,800 but I was the one who was out there actually doing the dirty work. 580 00:32:08,468 --> 00:32:12,847 The truth is he wished he was as good as I was, just like you do. 581 00:32:13,848 --> 00:32:14,849 [scoffs quietly] 582 00:32:15,433 --> 00:32:17,352 You don't think I'm as good as you? 583 00:32:18,061 --> 00:32:19,812 [Mickey Sr.] I think we're about to find out. 584 00:32:21,272 --> 00:32:23,358 It's a delicate decision you have to make. 585 00:32:24,150 --> 00:32:26,778 The kind of decision other lawyers might run away from. 586 00:32:26,861 --> 00:32:29,614 The question is whether you will too. 587 00:32:31,491 --> 00:32:34,285 Because if you really wanna be as good as I was, 588 00:32:35,578 --> 00:32:37,747 better than I was, 589 00:32:39,415 --> 00:32:42,502 you need to do whatever it takes to get that "not guilty." 590 00:32:43,252 --> 00:32:46,589 Your client expects nothing less. 591 00:32:51,511 --> 00:32:52,428 Slainte. 592 00:33:02,063 --> 00:33:03,272 Is Julian awake yet? 593 00:33:04,190 --> 00:33:06,401 I'm not sure what you want me to tell you now. 594 00:33:06,484 --> 00:33:07,402 The truth. 595 00:33:08,069 --> 00:33:10,405 He's in and out. Mostly out. 596 00:33:11,489 --> 00:33:12,490 How is he? 597 00:33:14,200 --> 00:33:15,785 [Izzy] He's doing the best he can. 598 00:33:17,161 --> 00:33:18,037 Yeah. 599 00:33:19,622 --> 00:33:22,166 Can you grab some coffee? I need to talk to him. 600 00:33:22,250 --> 00:33:23,501 -Yeah. -Thanks, Izzy. 601 00:33:34,303 --> 00:33:36,264 [David] We should've appreciated it more. 602 00:33:36,973 --> 00:33:37,807 [Mickey] What? 603 00:33:39,183 --> 00:33:40,184 Being healthy. 604 00:33:41,269 --> 00:33:42,103 Happy. 605 00:33:44,188 --> 00:33:48,151 You don't think about dying, you know? Happens to other people, but… 606 00:33:53,031 --> 00:33:55,950 There's no way you could have known any of this was gonna happen. 607 00:33:58,119 --> 00:34:00,621 That is true about our whole relationship. 608 00:34:01,789 --> 00:34:03,624 I never thought I was gonna settle down. 609 00:34:04,876 --> 00:34:06,127 Wasn't part of the plan. 610 00:34:10,173 --> 00:34:11,257 Well, what happened? 611 00:34:12,258 --> 00:34:13,384 A car accident. 612 00:34:14,469 --> 00:34:16,345 Nothing serious or anything. 613 00:34:16,846 --> 00:34:19,891 You know, this guy in front of me stopped short, so I ran into him. 614 00:34:20,391 --> 00:34:23,811 And he gets out of the car and just starts going mental on me. 615 00:34:23,895 --> 00:34:27,732 [scoffs] It was like face is red, and his arms, like, flailing around. 616 00:34:27,815 --> 00:34:29,233 [laughs] I don't know. 617 00:34:29,317 --> 00:34:31,527 Tried to apologize, but it seemed so ridiculous. 618 00:34:31,611 --> 00:34:33,905 Yeah. That must have made him even angrier. 619 00:34:33,988 --> 00:34:35,948 [chuckles] You have no idea. 620 00:34:36,032 --> 00:34:37,200 [David laughs] 621 00:34:38,659 --> 00:34:42,371 I gave him my insurance, and we traded numbers. 622 00:34:42,455 --> 00:34:44,832 And that night, he texted me, 623 00:34:44,916 --> 00:34:48,878 asked me if we could meet up for a drink so he could apologize for overreacting. 624 00:34:51,839 --> 00:34:53,299 And that was all she wrote. 625 00:34:54,967 --> 00:34:57,845 [quiet, poignant music playing] 626 00:35:01,849 --> 00:35:05,019 David, uh, I'm afraid Julian's case is in trouble. 627 00:35:05,728 --> 00:35:08,064 The judge is very close to granting a mistrial. 628 00:35:08,147 --> 00:35:09,732 That means we have to start over. 629 00:35:09,816 --> 00:35:12,318 In fact, Julian is the only one who can stop that now. 630 00:35:13,152 --> 00:35:14,695 So I need to talk to him. 631 00:35:16,072 --> 00:35:20,743 Mickey, he's barely alive. You can talk, but I'm not sure he can even hear you. 632 00:35:20,827 --> 00:35:23,663 You need to trust me now. You need to let me try. 633 00:35:23,746 --> 00:35:25,748 [music intensifies] 634 00:35:31,462 --> 00:35:33,089 Do whatever you need to do. 635 00:35:42,265 --> 00:35:44,976 -I'm sorry, but I can't let you in there. -I'm his attorney. 636 00:35:45,059 --> 00:35:47,061 And I respect that, but I have strict orders. 637 00:35:47,145 --> 00:35:49,230 No one can see the prisoner except his doctors. 638 00:35:49,313 --> 00:35:52,650 I already let his boyfriend in there, and I could get in trouble for that. 639 00:35:52,733 --> 00:35:56,362 You listen to me very carefully, Deputy Henderson. 640 00:35:56,445 --> 00:35:59,282 My client has the right to consult with his lawyer. 641 00:35:59,365 --> 00:36:00,616 I don't think he's awake. 642 00:36:00,700 --> 00:36:03,244 -Are you a doctor now? -No, but I've been standing out-- 643 00:36:03,327 --> 00:36:05,037 You wanna stand in front of a judge 644 00:36:05,121 --> 00:36:07,165 and explain why you personally denied a man 645 00:36:07,248 --> 00:36:08,833 his constitutional rights? 646 00:36:08,916 --> 00:36:10,835 A man who is a victim of a terrible crime? 647 00:36:10,918 --> 00:36:13,671 A crime that happened under sheriff's department supervision? 648 00:36:13,754 --> 00:36:17,466 Because if that's what you want, I can assure you I can make that happen. 649 00:36:21,387 --> 00:36:24,348 Five minutes. And after that, you're out of there. 650 00:36:24,432 --> 00:36:25,349 Thank you. 651 00:36:25,433 --> 00:36:28,436 -And I'm standing right outside. -I feel safer already. 652 00:36:30,813 --> 00:36:32,940 [machine beeps steadily] 653 00:36:34,483 --> 00:36:37,069 [tense music playing] 654 00:36:58,090 --> 00:37:00,635 [Mickey] I have a signed waiver from Mr. La Cosse, Your Honor, 655 00:37:00,718 --> 00:37:03,596 granting his permission for us to proceed in his absence. 656 00:37:06,599 --> 00:37:09,393 Your Honor, I have to raise a concern here. 657 00:37:09,477 --> 00:37:12,480 All I'm hearing from the hospital and from the sheriff's department 658 00:37:12,563 --> 00:37:15,399 is that Mr. La Cosse is still in critical condition. 659 00:37:15,483 --> 00:37:16,651 [Mickey] He is, Your Honor, 660 00:37:16,734 --> 00:37:19,487 which is why it's even more imperative that we move quickly. 661 00:37:19,570 --> 00:37:21,906 I was lucky to be there at the right time. 662 00:37:22,657 --> 00:37:26,244 Mr. Forsythe, you could have gone to the hospital with Mr. Haller 663 00:37:26,327 --> 00:37:27,620 if you were so skeptical. 664 00:37:27,703 --> 00:37:31,207 And Mr. Haller, you are an officer of the court. 665 00:37:31,290 --> 00:37:34,794 If I take you at your word and find out there's been anything untoward… 666 00:37:34,877 --> 00:37:36,963 There's no need to take my word for it. 667 00:37:37,046 --> 00:37:38,839 Mr. La Cosse's partner was there, 668 00:37:38,923 --> 00:37:41,759 and he has agreed to testify to the veracity of this signature. 669 00:37:45,096 --> 00:37:48,057 -[bailiff] State your name, please. -David Henry Lyons. 670 00:37:48,140 --> 00:37:49,267 Do you solemnly state 671 00:37:49,350 --> 00:37:52,478 that the testimony you may give in the case pending before this court 672 00:37:52,561 --> 00:37:55,439 shall be the truth, the whole truth, and nothing but the truth? 673 00:37:55,523 --> 00:37:56,357 I do. 674 00:37:56,941 --> 00:37:58,651 [judge] Please be seated, Mr. Lyons. 675 00:38:02,613 --> 00:38:05,074 Mr. Lyons, can you explain to the court 676 00:38:05,157 --> 00:38:07,994 your relationship to the defendant, Julian La Cosse? 677 00:38:10,204 --> 00:38:11,539 He's the love of my life. 678 00:38:12,373 --> 00:38:13,874 Technically, he's my partner. 679 00:38:13,958 --> 00:38:18,045 We never got married because neither of us believes in it as an institution, but 680 00:38:19,297 --> 00:38:21,132 I may be changing my thinking on that. 681 00:38:22,341 --> 00:38:25,636 -How long have you been together? -It'll be nine years this summer. 682 00:38:26,220 --> 00:38:28,097 Were you just with him at the hospital? 683 00:38:28,681 --> 00:38:32,435 I've been with him since I heard he was attacked while in police custody. 684 00:38:32,977 --> 00:38:37,315 Mr. Lyons, this is a waiver granting me permission 685 00:38:37,398 --> 00:38:40,609 to continue this trial in Julian's absence. 686 00:38:40,693 --> 00:38:42,278 Have you ever seen this before? 687 00:38:42,987 --> 00:38:45,740 Yes, you showed it to me at the hospital after you left him. 688 00:38:45,823 --> 00:38:48,200 And do you recognize the signature at the bottom? 689 00:38:48,284 --> 00:38:50,328 Yes, it's Julian's. 690 00:38:50,411 --> 00:38:51,996 It's a little messier than usual, 691 00:38:52,079 --> 00:38:54,332 but he'd just been through seven hours of surgery. 692 00:38:54,415 --> 00:38:56,709 Don't think penmanship was at the top of his mind. 693 00:38:56,792 --> 00:38:59,587 So you can confirm that the signature on the bottom 694 00:38:59,670 --> 00:39:02,381 is definitely that of your partner, Julian La Cosse? 695 00:39:02,465 --> 00:39:04,550 Yes, it is. Definitely. 696 00:39:06,469 --> 00:39:07,636 Thank you, Mr. Lyons. 697 00:39:08,637 --> 00:39:09,597 Mr. Forsythe. 698 00:39:10,097 --> 00:39:14,810 Do you know what the punishment is for perjury in the state of California? 699 00:39:15,686 --> 00:39:17,021 I can't say that I do. 700 00:39:17,104 --> 00:39:20,274 Well, under the California Penal Code, perjury is a felony offense, 701 00:39:20,358 --> 00:39:23,444 and it carries a term of up to four years in prison. 702 00:39:24,028 --> 00:39:27,740 Given that, are you still confident in your answers, 703 00:39:27,823 --> 00:39:29,825 or would you like to rethink some of them? 704 00:39:30,326 --> 00:39:32,745 No, I would not. 705 00:39:34,288 --> 00:39:36,665 Julian wants this trial to continue, and I know that 706 00:39:36,749 --> 00:39:40,294 because he told me so himself before he lost consciousness. 707 00:39:40,378 --> 00:39:44,048 He would tell you that, too, if he wasn't handcuffed to a hospital bed. 708 00:39:48,427 --> 00:39:50,012 [Forsythe] No further questions. 709 00:39:51,806 --> 00:39:53,391 The witness may step down. 710 00:39:57,853 --> 00:40:01,148 Are there any further arguments regarding moving forward with the trial? 711 00:40:01,232 --> 00:40:03,901 Your Honor, I wanna reiterate my strong objection 712 00:40:03,984 --> 00:40:05,820 to continuing under the circumstances. 713 00:40:05,903 --> 00:40:07,113 No matter what happens, 714 00:40:07,196 --> 00:40:10,908 the defense is simply going to use this to appeal any adverse decision. 715 00:40:10,991 --> 00:40:15,037 Your Honor, previously, you reminded me that I am an officer of the court. 716 00:40:15,121 --> 00:40:19,917 As such, I can assure you and Mr. Forsythe that, while I reserve my right to appeal, 717 00:40:20,000 --> 00:40:22,628 it will not be because my client was not present for trial. 718 00:40:23,963 --> 00:40:27,675 The court has no way to hold you to that, Mr. Haller, but it appreciates the offer. 719 00:40:29,385 --> 00:40:30,636 [sighs heavily] 720 00:40:36,183 --> 00:40:37,560 Do you have something to add? 721 00:40:38,269 --> 00:40:42,606 If I may, Your Honor, I'd like to suggest that the timely administration of justice 722 00:40:42,690 --> 00:40:45,568 would best be served by allowing this case to continue. 723 00:40:45,651 --> 00:40:47,528 As appellate courts have consistently held, 724 00:40:47,611 --> 00:40:51,449 decisions like this ultimately come down to judicial discretion. 725 00:40:53,117 --> 00:40:55,369 Thank you for that reminder, Miss Crane. 726 00:41:02,585 --> 00:41:04,336 This is a complicated decision, 727 00:41:05,337 --> 00:41:07,465 and there are a lot of competing considerations. 728 00:41:08,674 --> 00:41:11,802 But given that we now have evidence of the defendant's wishes, 729 00:41:12,845 --> 00:41:15,055 and given that those wishes are to go forward, 730 00:41:15,139 --> 00:41:17,725 I have decided not to grant a mistrial. 731 00:41:17,808 --> 00:41:18,851 [Lorna sighs] 732 00:41:18,934 --> 00:41:20,936 [judge] Bailiff, please apologize to the jury 733 00:41:21,020 --> 00:41:24,648 and let them know that we will resume promptly tomorrow at 9:00 a.m. 734 00:41:24,732 --> 00:41:26,150 Court is adjourned. 735 00:41:26,233 --> 00:41:27,985 One of the first things you taught me. 736 00:41:28,068 --> 00:41:32,281 No judge wants to be reversed on appeal, and judicial discretion is a big-ass tent. 737 00:41:32,364 --> 00:41:33,782 -Amen to that. -Yeah. 738 00:41:33,866 --> 00:41:36,785 Now, do yourself a favor. Throw that tie away. 739 00:41:38,329 --> 00:41:39,246 I love this tie. 740 00:41:39,330 --> 00:41:42,208 All things are temporary. Burn it, Mickey. 741 00:41:50,549 --> 00:41:52,009 [door opens] 742 00:41:52,092 --> 00:41:56,514 No, Vasquez. Lalo Vasquez. 743 00:41:57,139 --> 00:41:59,850 If you had anything about it-- 744 00:41:59,934 --> 00:42:00,893 What? 745 00:42:01,685 --> 00:42:05,231 Yeah. Yeah, yeah. I will happily hold. Just as long as you don't-- 746 00:42:08,025 --> 00:42:08,943 Hello? 747 00:42:10,569 --> 00:42:11,487 Hello? 748 00:42:16,325 --> 00:42:19,453 Oh, hi. Um, Mick is in court. 749 00:42:19,537 --> 00:42:21,372 [Andrea] That's all right. I'm looking for you. 750 00:42:23,165 --> 00:42:24,375 [Cisco] What is that? 751 00:42:24,458 --> 00:42:27,753 Discovery from my office in the Lalo Vasquez case. 752 00:42:29,129 --> 00:42:30,172 You're kidding. 753 00:42:30,256 --> 00:42:32,258 [intriguing music playing] 754 00:42:34,218 --> 00:42:35,344 [Cisco hesitates] 755 00:42:35,886 --> 00:42:37,388 Won't you get into trouble? 756 00:42:37,471 --> 00:42:39,098 There's already been a prelim, 757 00:42:39,181 --> 00:42:42,893 and they've turned it all over to the defense, so probably not. 758 00:42:44,103 --> 00:42:46,313 Honestly, I'm not sure I care anymore. 759 00:42:47,147 --> 00:42:47,982 Wow. 760 00:42:49,024 --> 00:42:53,904 Three dead college kids. All overdoses. Tox results show fentanyl in the cocaine. 761 00:42:59,285 --> 00:43:00,369 What is it? 762 00:43:00,995 --> 00:43:02,162 [Cisco] Something good. 763 00:43:03,664 --> 00:43:06,375 Something very good. Thank you. 764 00:43:06,458 --> 00:43:07,501 My pleasure. 765 00:43:09,295 --> 00:43:10,879 Just don't get used to it. 766 00:43:18,596 --> 00:43:19,722 [elevator bell dings] 767 00:43:22,349 --> 00:43:23,726 -What's this? -Research. 768 00:43:23,809 --> 00:43:26,061 I got to thinking. In all the hubbub about Julian, 769 00:43:26,145 --> 00:43:28,188 the judge never ruled on De Marco's testimony. 770 00:43:28,272 --> 00:43:30,566 -You have a chance to get it back in. -Lorna. 771 00:43:30,649 --> 00:43:34,570 What? You said that that video is useless unless we get it in front of a jury. 772 00:43:34,653 --> 00:43:37,364 She's not gonna let De Marco testify again. 773 00:43:37,448 --> 00:43:39,283 Not with that attitude, she won't. 774 00:43:39,366 --> 00:43:43,120 Mickey, I'm serious. We have to find a way to get that video in. 775 00:43:45,623 --> 00:43:46,957 It's all right, Lorna. 776 00:43:47,541 --> 00:43:51,086 I think I have a better idea how to use it. I'll meet you inside. 777 00:43:53,339 --> 00:43:55,549 [tense music playing] 778 00:43:59,178 --> 00:44:00,304 Mind if I join you? 779 00:44:04,767 --> 00:44:06,852 I have something to show you, actually. 780 00:44:07,936 --> 00:44:10,731 Save it for someone who gives a shit, Counselor. 781 00:44:11,398 --> 00:44:12,858 I think that someone is you. 782 00:44:14,777 --> 00:44:16,195 You're sick of it, aren't you? 783 00:44:16,987 --> 00:44:18,155 Sick of what? 784 00:44:23,452 --> 00:44:24,620 [Mickey] Just press play. 785 00:44:29,083 --> 00:44:31,418 [music intensifies] 786 00:44:31,502 --> 00:44:34,129 [video plays without audio] 787 00:44:40,344 --> 00:44:42,554 [Mickey] I think you'll agree this is bad. 788 00:44:47,976 --> 00:44:49,645 I didn't go inside with him. 789 00:44:50,521 --> 00:44:52,648 [inhales slowly] It's not what it looks like. 790 00:44:52,731 --> 00:44:54,775 Oh, it's exactly what it looks like. 791 00:44:54,858 --> 00:44:58,195 [sighs] Here's the thing, Bishop. I don't care anymore. 792 00:44:59,279 --> 00:45:01,782 I don't care whatever fucked-up arrangement you two had. 793 00:45:01,865 --> 00:45:06,078 All I care about is saving my client and bringing this piece of shit down. 794 00:45:06,912 --> 00:45:08,163 It's not that simple. 795 00:45:08,247 --> 00:45:13,001 A woman is dead. My driver is dead. And now my client might die. 796 00:45:17,548 --> 00:45:20,217 You're a lot of things, Bishop, but you're not a killer. 797 00:45:21,301 --> 00:45:24,888 Whatever this is, deep down, I think you wanna make it right. 798 00:45:28,308 --> 00:45:29,226 [scoffs] 799 00:45:31,478 --> 00:45:32,396 Don't show that. 800 00:45:33,689 --> 00:45:36,442 Not in court. Not to anybody. 801 00:45:40,487 --> 00:45:42,114 Well, that depends, doesn't it? 802 00:45:52,458 --> 00:45:54,460 [tense music continues] 803 00:46:06,930 --> 00:46:09,057 Mr. Haller, please call your next witness. 804 00:46:10,517 --> 00:46:13,020 The defense calls Neil Bishop to the stand. 805 00:46:13,645 --> 00:46:16,023 [music intensifies] 806 00:46:20,611 --> 00:46:22,362 [music fades] 807 00:46:26,742 --> 00:46:29,161 [brooding instrumental music playing]