Deborah Glass. I did not call her, Adam.
Suarez took me off the Scott Glass case.
Ambition can be costly.
Fuck you, Haller.
What else did you learn from your meeting with Trina Rafferty?
Gloria admitted to her that she planted the gun.
Objection, hearsay.
On the orders of a DEA agent named James De Marco.
[De Marco] Your investigator and his wife.
If they wanna know about me, they should just come and ask.
I'm right here.
We have a new piece of evidence against De Marco, and it's big.
Bingo.
I will allow Agent De Marco to testify.
I'm keeping you on a very short leash.
[Mickey] Gloria received this subpoena on the evening of August 3rd.
Forty-one minutes later, she made that call.
Would you mind dialing the number?
[secretary] Drug Enforcement Administration.
What about this man wearing a hat?
[Hensley] I think this man was following her.
The man in the hat was Neil Bishop.
Guy who gave you the coke, any idea who he was?
Said his name was Hector something. Uh, Moya?
I'm no rat, Mickey. You know that. This guy could come after me.
-What if I'm not looking for a drink? -Parking lot.
James De Marco. You're under his thumb, right?
-[Eddie] Mr. Haller? -What?
-[loud crash] -[Eddie yelps]
If there's one thing I've learned, you gotta let the ghosts go,
or they will drag you under,
and you'll never be the lawyer you need to be.
We can't waste more time. We gotta get him out.
He can't take any more.
[chains clink]
-[blade swooshes] -[inmate grunts]
[dramatic music playing]
[music ends]
[vibrant music playing]
[water bubbling rapidly]
♪ Walked in the joint and there was hell to pay ♪
♪ Just lookin' around It looked like judgment day ♪
♪ Every man I ever owed was in-- ♪
-[music stops abruptly] -[mutters in Spanish]
[phone rings]
Hello?
Yeah, this is him.
Wait, what? What are you talking about? When did this happen?
I'm on my way.
[suspenseful music playing]
[Mickey] Julian's in the hospital. He was attacked by an inmate.
-Holy shit. -Oh my God. Attacked how?
All I know is he was stabbed during the transfer from county.
Wait, how does this happen? Don't they have, like, guards guarding?
If someone wants you in jail, they'll get you. How bad is it?
I don't know yet. I'm on my way to the hospital right now.
Lorna, call Judge Turner's clerk. Tell them what happened.
See if she'll postpone court while I get more information.
Will do.
That will buy us time to think about how to prevent a mistrial.
Wait. A mistrial? What?
Forsythe is going to move for a mistrial right away.
He knows we're landing with the jury,
and he's going to use this to try to get a do-over.
That's what I'd do. Cisco, find out who stabbed Julian.
If there's any connection to Bishop or De Marco.
-I'm on it. -You think De Marco's behind this?
[Mickey] I can't prove it, but it makes sense.
If they take Julian out, the whole case goes away.
It means we have to start all over. It means another year in jail for Julian.
Oh my God.
We can't let him get a mistrial. Lorna, find some precedent.
Trials that continued without the defendant in court.
If I don't leave now, I'll be late for the McCrudden hearing,
but we're setting a pretrial, so it won't take long.
Meet me in Judge Turner's courtroom. Try to have something to say to her.
Yep, got it.
Izzy, meet me at the hospital. I can't stay long. I need you there.
I'm on my way.
All right, I'll see you soon.
[sighs heavily]
-[horn beeps] -[tires screech]
-[Glory] Watch it. -I see it, I see it.
[Glory] Sure, that's what you always say,
and then you end up with coffee all over your tie.
You took your eye off the ball.
I covered every base I could think of.
I moved him into protective housing.
Even Hector Moya said his guys would keep an eye on him.
That's not what I'm talking about.
If you had just told me the truth, we wouldn't be in this mess.
Ever think about that?
I did what I had to do.
You ever think about why?
Why I felt like I couldn't tell you?
[quietly] Yeah.
It doesn't matter anymore, does it?
The only thing that matters is, what do I do now?
You should be bringing down De Marco.
I'm trying, Gloria.
There's a process, you know? There's rules we have to follow.
[Glory] Fuck that.
These assholes don't follow any rules.
Somebody gets in their way, and they kill them.
And you're letting them get away with it.
[poignant music playing]
I need you, Mickey Mantle.
You gotta get a hit here, do you understand?
Don't let me be just another story they tell, huh?
Nail these fuckers… for me.
[poignant music continues]
[car horn beeps]
[theme music playing]
I'm very sorry, sir, but he's in custody.
Somebody tried to kill him and you're worried he'll escape?
We have procedures to follow. You're not listed as a next of kin, so--
But it doesn't-- This is discriminatory!
No. We treat all married couples the same, regardless of sexual orientation.
But you and the patient are not married, Mr. Lyons.
Excuse me, I'm the patient's lawyer.
I'm sure you understand Mr. Lyons is just worried about him.
Yes. I promise someone will let you know as soon as we have any update.
Right now, all I can tell you is that Mr. La Cosse is still in surgery.
If you would please both take a seat.
Of course. Thank you for your help. Thank you. Come on.
This is insane.
They're just doing their jobs, David.
No. How could somebody stab Julian and… and nobody be around to stop it?
Mickey, he could have died.
Okay? He could still die. Julian…
-Do you understand? -Yes. I'm gonna get to the bottom of it.
I have people looking into it.
You know, you said you could keep him safe.
And now look where we are.
[judge] Case number BA72539.
People versus McCrudden.
[indistinct chatter]
[judge] BA72539.
Is counsel here?
[background chatter continues]
[judge] Last chance. BA72539.
Going once. Going twice.
Uh, Your Honor, I see counsel in the courtroom.
-If you'll give me a moment? -[judge] Please.
Take all the time in the world, Miss Freemann.
It's not like the rest of us have anything better to do.
Lorna. Lorna.
-Lorna! -[Lorna gasps]
Oh shit.
Sorry, I was in the zone. Did they call my case?
Yes. Three times.
[Lorna groans]
-Everything all right? -Not really.
Somebody stabbed Julian La Cosse.
I have to argue in front of that judge next.
Oh my God. I'm so sorry.
It's okay. Thank you for coming to get me.
-Yeah. -What are you doing here, anyway?
[gasps] Are you on calendar duty?
Unfortunately.
It's a long and depressing story.
Anyway, I really am sorry about your client.
Let me know if there's anything I can do to help.
Wanna drop these charges so I can get out of here?
-I'm not that sorry. -[judge] Counsel.
Come on. Let's get this over with.
[upbeat music playing]
Excuse me. Watch out. Excuse me!
[music continues]
[music fades]
[officer] Cisco.
I can't tell you shit, okay, man?
Guy stabs another prisoner, and you wanna protect his privacy?
No. I wanna keep my job.
Besides, I wasn't on duty last night.
As if you're not all talking about this.
And you sit here, pretending you haven't heard his name
twenty times in the last hour?
What's your point?
[tense music playing]
My job is to find out information, one way or another.
I either figure out the carrot,
or I figure out the stick.
I don't have time for that now
because we got a client who might not see tomorrow.
So I am appealing to your basic humanity, Ramon.
And I very graciously ask you
to give me a fucking name.
[music fades]
[Eddie] You're doing that thing again, Mr. Haller.
Which thing is that?
[Eddie] Where you blame yourself for everything that happens
to the other people in your life.
Is that right?
You know, the Buddhists say that however much the first arrow hurts,
the pain from the second arrow is always exponentially worse.
What's the second arrow?
The second arrow is the one you shoot yourself with
to punish yourself for the first one.
Did you get that from your LeBron app?
[Eddie chuckles]
This isn't your fault, Mr. Haller.
Neither is what happened to me.
[Mickey mutters]
I wish I could believe that.
For so long, Maggie's been telling me the way I do things is too dangerous,
and one day, it's going to catch up with me.
Only it didn't catch up with me, did it?
It caught up with you.
You're spending too much of your time and energy feeling guilty
and not enough time figuring out how to win this case.
Focus, Mr. Haller.
And don't forget to wear your seat belt.
[contemplative music playing]
[music fades]
-[phone bleeps] -[suspenseful music playing]
Well, you may as well come in with us.
Yeah, okay.
[music fades]
Your Honor, I don't mean to be callous, but from what I hear, it's touch and go.
And with all due respect, I think there's no other option
but to declare a mistrial.
Well, the court feels so blessed
that you're here to explain its options, Mr. Forsythe.
Your Honor, the defense strenuously objects to a mistrial.
Until we know more about Mr. La Cosse's condition, it's premature.
Premature? Your Honor, even if Mr. La Cosse survives,
who knows how long he needs to recover?
Are we just gonna hold the jury indefinitely?
Judge, I can't say for sure, but I also think
that it's possible that whoever stabbed my client
was trying to get a mistrial.
What? Bullshit.
Mr. Bishop, you will mind yourself in my chambers, understood?
I'm sorry, Your Honor.
But every indication is that this was likely a hate crime.
Mr. La Cosse is gay.
Unfortunately, you're dealing with all kinds of inmates in county.
It doesn't take much to set one of them off.
Do we have any information yet as to who the assailant was?
Not at this time, Your Honor. I'm trying to ascertain that.
Impolitic delivery aside, Mr. Haller, I'm afraid the larger point stands.
There is only so much time the court can afford to wait.
Maybe we don't have to, Your Honor.
I've been in the hospital all morning, so with the court's permission,
I'll turn it over to my cocounsel, Ms. Crane, who can speak to this point.
May it please the court.
It would be the height of prejudice to declare a mistrial at this time,
not only to Mr. La Cosse but to the taxpayers of Los Angeles,
who have spent a small fortune on this case already.
Mr. La Cosse has also spent a substantial amount of money mounting a defense,
not to mention the enormous physical toll incarceration has taken on him.
But perhaps most importantly, Your Honor, Mr. Forsythe and his team
are now privy to the defense's carefully constructed strategy,
and starting again would give him an unfair advantage in a new trial.
No more unfair than the advantage the defense would have
because they have also seen our strategy.
Luckily, we have a remedy for that situation.
Rule 43 of the Federal Rules of Criminal Procedure clearly states
that it is possible for a defendant to be tried in absentia.
While it might often be used due to some egregious behavior
or the defendant's choice,
there is nothing that precludes us from applying that rule here.
Sure, and Section 977 of the California Penal Code,
which is what actually governs trials in this state,
says that the defendant must be personally present at trial
unless they explicitly waive that right in writing,
which, obviously, Mr. La Cosse is in no position to do.
Well, here are cases from jurisdictions, including California,
where trials have continued without the defendant present.
Your Honor, regardless of what these cases say,
continuing this trial while Mr. La Cosse is in the operating room
is all but granting an automatic do-over to the defense
in the event of a conviction.
Which is exactly what granting a mistrial at this juncture
would do for the prosecution, respectfully.
[judge] Well, it seems we are at an impasse.
You both made very strong arguments, which I will take under advisement,
and I will have a ruling for you after lunch.
Now, if you don't mind, I would like to enjoy the rest of my tea in peace.
-[Forsythe] Thank you, Your Honor. -Thank you, Your Honor.
[Bishop sighs]
You couldn't have worn a clean tie.
David?
You're Mr. La Cosse's family?
Yes.
Well, the good news is he's alive, but he is still in surgery.
How bad is it?
It was more complicated than we anticipated.
He lost a lot of blood.
He also had severe lacerations to one of his kidneys.
Unfortunately, we had to remove it.
Jesus.
His heart stopped at one point, but we got him back
to a stable enough place where we can proceed.
Is he gonna make it?
It's hard to say right now, but we're doing everything we can.
I'll find you as soon as there's any more information.
Thank you, Doctor. We appreciate it.
Thank you.
[emotional music playing]
Julian's a fighter, David.
[sighs] He's so weak from all this time in jail.
-I'm just not sure he still has it in him. -He has you.
He knows you're here waiting.
Yeah. Does he?
[music fades]
[phone ringing]
Cisco, what do you know?
The guy who stabbed Julian is named Lalo Vasquez.
He's in on a murder charge. Don't have any other details yet.
He has to be connected to De Marco.
I don't know how, but the whole case might depend on him.
If there's something there, I'll find it.
Might just take some time.
-I'll call you when I know anything. -All right.
[sighs heavily]
[emotional music playing]
[breathes deeply]
[Andrea] Is this seat taken?
[music fades]
It is now.
How did you find me?
Lorna told me where you were.
I'm sorry about your client.
Is he gonna be okay?
We don't know yet.
I was this close to winning this thing, Andy.
I gotta believe that's why they did it.
Is there any evidence of that?
Cisco's looking into it, but he's hitting the bureaucracy wall.
-Listen. -Look, I…
I just wanna say sorry about the other night.
I was out of line. I didn't think before opening my mouth.
That may be true, but you were not wrong.
That place is a snake pit.
I should never have trusted Vanessa.
[sighs] I don't know.
Maybe I didn't wanna keep that secret anymore.
It's hard to hold somebody's fate in your hands.
Even when there's nothing you can do, you still feel like it's your fault.
Yeah, except there was something I could have done and should have done.
Andy, come on. Mistakes happen.
You have to forgive yourself.
Maybe you have to learn to take your own advice.
[chuckles softly]
Lorna tells me that Suarez put you on calendar duty.
I want to poke my own eyes out with a dull pencil.
You'll get through this, and he'll realize he's wasting one of his best people.
Yeah, maybe.
[poignant music playing]
It's been nice, Andy.
It has.
[sighs]
We both know it's not working out.
Everything is way too complicated for me right now.
And I don't think either of us are really good at… work-life balance.
That's the real reason I never let you leave a toothbrush.
[chuckles softly]
Maybe one of these days, I'll figure it out, huh?
You will.
Believe it or not, Haller, I have faith in you.
Mickey, you gonna finish that?
It's all yours.
I should get back, find out if I still have a trial or not.
I'll cross my fingers.
[music fades]
Oh, good, we're all here.
This is quite the dilemma, and I regret the unfortunate circumstances
that have led us here.
The duty of the court is to balance the interests of both parties
with the requirements of the law.
-Therefore, my-- -[knock at door]
Yes?
Excuse me, Judge. There's an agent, James De Marco, here
along with an attorney from the DEA.
They say they were ordered to appear, and I quote, "Their time is limited."
[tense music playing]
Thank you, Claire.
Your Honor, given the difficulty we've had in trying to serve Agent De Marco,
the defense urges the court to hear his testimony.
[Forsythe] What? How? Your Honor, we still have an absent defendant.
While I understand the court has already ruled
on Agent De Marco appearing, I still have strong reservations
about the relevance of his testimony.
[Mickey] That's perfect.
We are stuck without a jury while we wait to find out about my client.
We can hear from Agent De Marco
without the jury as an offer of proof.
That way, even if we have to start over,
the court can finally determine if his testimony is relevant.
Your Honor, this is highly irregular.
I'm not even prepared to question this witness.
Why not? There's been a subpoena issued for him.
You just didn't think he'd actually show up.
Well, apparently, neither did you.
This will save the court time in the event of a retrial, Your Honor.
It is a highly efficient use of judicial resources.
Well, my mother always said to make hay while the sun shines.
If the agent is here, let's hear what he has to say.
I will make my ruling about the mistrial afterwards.
-Thank you, Your Honor. -[Forsythe] Thank you, Your Honor.
Convenient De Marco shows up to testify when there may not be a trial anymore.
Ah, a little too convenient. This guy thinks he's untouchable.
So show him he's not. Use the surveillance footage
Cisco got from Sterghos's house in the rebuttal.
-Let him talk his way out of that. -No, I can't. Not yet.
But why?
This guy thinks he can get away with murder.
And he's going to get away with it if we're not smart.
If we show him the video now, and the judge grants a mistrial,
we'll never get him back, and the jury will not see it.
Okay. But if you don't show the video,
and Forsythe argues that De Marco's testimony isn't relevant,
we're not getting him back.
Well, it's a risk we have to take. Trust me, we wait.
[sighs] Fine. Button your jacket.
[Mickey] Good afternoon, Agent De Marco.
Right back at you, Counselor.
Can you tell us how long you've been with the Drug Enforcement Administration?
-It'll be 23 years in September. -[Mickey] 23 years. That's a long time.
And your primary focus is on foreign drug cartels?
I'd say the primary focus of the entire agency
is on foreign drug cartels.
I'm sure.
Now, in the course of your investigations into the cartels,
did you become aware of a man named Hector Moya?
[De Marco] I'm familiar with Mr. Moya.
He's a shot caller for the Tijuana cartel. Not exactly what you'd call a Boy Scout.
And do you know where Mr. Moya is now?
Serving a life sentence in a federal penitentiary, last I heard.
I see. Now, Agent De Marco, can you please tell the court
how you knew the victim in this case, Gloria Dayton?
I didn't know her.
No? Because we've heard testimony that she was your informant.
Is that not true?
It is not true. I never met her.
So, she didn't call you on August 3rd of last year
to tell you she'd been served in a lawsuit involving Hector Moya?
Objection. Asked and answered, Your Honor. Many times.
Sustained.
All right, let's go back to Mr. Moya.
Do you know how he ended up in federal prison?
He was arrested by the police here in Los Angeles
in possession of a substantial amount of cocaine and a firearm.
As I recall, the gun was linked to a murder somewhere.
It was at that point that my agency took over the case.
Okay. And that gun enhancement was what got him a life sentence?
I believe so. Yes.
Now, you're here today, Agent De Marco,
because you received a subpoena from me in this case.
Did you ever receive a subpoena from Mr. Moya's lawyers
in a habeas action to vacate his life sentence?
It's possible.
I get a lot of subpoenas. The agency's lawyers handle most of them.
Well, this one involved you directly.
Mr. Moya is suing the federal government, including your agency,
alleging that you framed him in that arrest.
You're not aware of Mr. Moya's habeas case?
Mr. Moya is a desperate man. And this is America.
You can sue anybody for anything. That doesn't make it true.
The fact is, I had nothing to do with Mr. Moya's arrest.
The DEA wasn't even involved until later.
Like most prisoners,
Mr. Moya's just throwing stuff against the wall to see if it'll stick.
Very well. Turning your attention to this case,
are you familiar with my client, Julian La Cosse?
Any past experience with him?
No.
What about anybody else on this case? Do you know the prosecutor, Mr. Forsythe?
No, I do not.
What about Mr. Forsythe's investigator, Mr. Bishop? He's sitting right there.
Do you know him?
[tense music playing]
I do. A little bit.
Uh, we go back ten years, maybe.
How's that?
[De Marco] He was with the LAPD at the time.
We crossed paths on a double murder in the Valley.
There was suspected cartel involvement,
so the police asked the DEA to consult on the case.
I see. And have you seen or spoken with Mr. Bishop since that time?
No.
So you haven't consulted with him about this case?
No.
Have you consulted with anyone else about this case?
I never heard about this case until you served me with the subpoena.
So, no. The answer is no.
Okay.
So, going back to the double murder where you met Mr. Bishop,
did this murder take place on Montgomery Avenue in Lake Balboa?
I don't recall. It was ten years ago. Like I said.
And are you familiar with the name Peter Sterghos?
[Forsythe] Objection. May we approach?
Your Honor, you have already ruled against Peter Sterghos, whoever he is,
being included as a witness.
Mr. Haller is apparently trying to circumvent that ruling.
I'm trying to establish whether this witness knew
that Peter Sterghos was on our witness list.
He said he's had no contact with anyone involved in this case.
I'll be introducing evidence to the contrary.
There's no evidence. This is a sideshow. In light of an impending mistrial--
I will decide whether there will be a mistrial, Mr. Forsythe, not you.
Mr. Haller, please, wrap it up.
Yes, Your Honor.
Now, Agent De Marco,
did anyone tell you that Peter Sterghos was a potential witness in this case?
No. I don't know that name.
Okay. Then can you tell the court where you were last Friday night, May 17th?
I was at an all-night stakeout.
My partner can verify that.
[Mickey] And was this stakeout on Montgomery Avenue in Lake Balboa?
I'm afraid I'm not at liberty to discuss ongoing confidential investigations.
Your Honor, I must object again.
Why are we asking questions about random addresses and random evenings
that have no bearing on this case?
Sustained.
Mr. Haller, anything else for this witness?
No, Your Honor. Not at this time.
Mr. Forsythe, any questions?
No, Your Honor.
Very well. Agent De Marco, you're free to go.
-The court thanks you for your time. -Of course, Your Honor.
-He's lying through his teeth. -Well, he's pretty good at it.
[hushed chatter]
Your Honor, the People once again renew our objection
to Agent De Marco's testimony.
None of which was in any way relevant.
And in the event of a new trial,
we would ask that he be struck from the witness list.
So noted, Mr. Forsythe.
Mr. Haller, do you have anything to add before I make my ruling?
-Your Honor, I-- -[phone vibrates]
Your Honor, this is the hospital calling.
Before we argue further, can I please have ten minutes to take this call?
You may have five, Mr. Haller.
Thank you.
Izzy, I need an update.
Julian just got out of surgery. He made it.
Barely.
David's in with him.
-How is he? -It's touch and go.
The doctors say the next few hours will tell the story.
But you're telling me he's awake?
What? I… I just told you that he barely survived the surgery.
He's still unconscious.
Izzy, I need you to tell me that Julian is awake.
Um…
[quietly] Mickey, Julian is awake.
Thank you.
[line beeps]
Your Honor, I've just been told that my client is awake.
What?
With the court's permission, I ask you to please delay any ruling on a mistrial
until I speak to him.
Your Honor, if--
[Mickey] I understand the People's frustrations and the court's,
but I don't know how long my client will be in a position to talk.
Time is of the essence here.
Okay, then. We will take a 90-minute recess.
I want everyone back here at 3:30 sharp.
Thank you, Your Honor.
-[Mickey whispers] -Okay.
[sighs]
I know what you're gonna say.
Oh yeah? Do tell.
You're gonna tell me what you'd do in this situation.
Well, I know I wasn't the best father in the world,
but I was a very good lawyer.
Just makes sense you'd wanna emulate me.
Is that what you think I'm doing?
I don't know. Whose class ring are you wearing?
You bent every rule there was to bend.
-And you don't? -I'm talking about outside the courtroom.
I do things my way, not yours, okay?
Legal is there if I ever need another point of view.
[Mickey Sr.] Of course he is.
Legal always loved to push the envelope from the safety of his desk,
but I was the one who was out there actually doing the dirty work.
The truth is he wished he was as good as I was, just like you do.
[scoffs quietly]
You don't think I'm as good as you?
[Mickey Sr.] I think we're about to find out.
It's a delicate decision you have to make.
The kind of decision other lawyers might run away from.
The question is whether you will too.
Because if you really wanna be as good as I was,
better than I was,
you need to do whatever it takes to get that "not guilty."
Your client expects nothing less.
Slainte.
Is Julian awake yet?
I'm not sure what you want me to tell you now.
The truth.
He's in and out. Mostly out.
How is he?
[Izzy] He's doing the best he can.
Yeah.
Can you grab some coffee? I need to talk to him.
-Yeah. -Thanks, Izzy.
[David] We should've appreciated it more.
[Mickey] What?
Being healthy.
Happy.
You don't think about dying, you know? Happens to other people, but…
There's no way you could have known any of this was gonna happen.
That is true about our whole relationship.
I never thought I was gonna settle down.
Wasn't part of the plan.
Well, what happened?
A car accident.
Nothing serious or anything.
You know, this guy in front of me stopped short, so I ran into him.
And he gets out of the car and just starts going mental on me.
[scoffs] It was like face is red, and his arms, like, flailing around.
[laughs] I don't know.
Tried to apologize, but it seemed so ridiculous.
Yeah. That must have made him even angrier.
[chuckles] You have no idea.
[David laughs]
I gave him my insurance, and we traded numbers.
And that night, he texted me,
asked me if we could meet up for a drink so he could apologize for overreacting.
And that was all she wrote.
[quiet, poignant music playing]
David, uh, I'm afraid Julian's case is in trouble.
The judge is very close to granting a mistrial.
That means we have to start over.
In fact, Julian is the only one who can stop that now.
So I need to talk to him.
Mickey, he's barely alive. You can talk, but I'm not sure he can even hear you.
You need to trust me now. You need to let me try.
[music intensifies]
Do whatever you need to do.
-I'm sorry, but I can't let you in there. -I'm his attorney.
And I respect that, but I have strict orders.
No one can see the prisoner except his doctors.
I already let his boyfriend in there, and I could get in trouble for that.
You listen to me very carefully, Deputy Henderson.
My client has the right to consult with his lawyer.
I don't think he's awake.
-Are you a doctor now? -No, but I've been standing out--
You wanna stand in front of a judge
and explain why you personally denied a man
his constitutional rights?
A man who is a victim of a terrible crime?
A crime that happened under sheriff's department supervision?
Because if that's what you want, I can assure you I can make that happen.
Five minutes. And after that, you're out of there.
Thank you.
-And I'm standing right outside. -I feel safer already.
[machine beeps steadily]
[tense music playing]
[Mickey] I have a signed waiver from Mr. La Cosse, Your Honor,
granting his permission for us to proceed in his absence.
Your Honor, I have to raise a concern here.
All I'm hearing from the hospital and from the sheriff's department
is that Mr. La Cosse is still in critical condition.
[Mickey] He is, Your Honor,
which is why it's even more imperative that we move quickly.
I was lucky to be there at the right time.
Mr. Forsythe, you could have gone to the hospital with Mr. Haller
if you were so skeptical.
And Mr. Haller, you are an officer of the court.
If I take you at your word and find out there's been anything untoward…
There's no need to take my word for it.
Mr. La Cosse's partner was there,
and he has agreed to testify to the veracity of this signature.
-[bailiff] State your name, please. -David Henry Lyons.
Do you solemnly state
that the testimony you may give in the case pending before this court
shall be the truth, the whole truth, and nothing but the truth?
I do.
[judge] Please be seated, Mr. Lyons.
Mr. Lyons, can you explain to the court
your relationship to the defendant, Julian La Cosse?
He's the love of my life.
Technically, he's my partner.
We never got married because neither of us believes in it as an institution, but
I may be changing my thinking on that.
-How long have you been together? -It'll be nine years this summer.
Were you just with him at the hospital?
I've been with him since I heard he was attacked while in police custody.
Mr. Lyons, this is a waiver granting me permission
to continue this trial in Julian's absence.
Have you ever seen this before?
Yes, you showed it to me at the hospital after you left him.
And do you recognize the signature at the bottom?
Yes, it's Julian's.
It's a little messier than usual,
but he'd just been through seven hours of surgery.
Don't think penmanship was at the top of his mind.
So you can confirm that the signature on the bottom
is definitely that of your partner, Julian La Cosse?
Yes, it is. Definitely.
Thank you, Mr. Lyons.
Mr. Forsythe.
Do you know what the punishment is for perjury in the state of California?
I can't say that I do.
Well, under the California Penal Code, perjury is a felony offense,
and it carries a term of up to four years in prison.
Given that, are you still confident in your answers,
or would you like to rethink some of them?
No, I would not.
Julian wants this trial to continue, and I know that
because he told me so himself before he lost consciousness.
He would tell you that, too, if he wasn't handcuffed to a hospital bed.
[Forsythe] No further questions.
The witness may step down.
Are there any further arguments regarding moving forward with the trial?
Your Honor, I wanna reiterate my strong objection
to continuing under the circumstances.
No matter what happens,
the defense is simply going to use this to appeal any adverse decision.
Your Honor, previously, you reminded me that I am an officer of the court.
As such, I can assure you and Mr. Forsythe that, while I reserve my right to appeal,
it will not be because my client was not present for trial.
The court has no way to hold you to that, Mr. Haller, but it appreciates the offer.
[sighs heavily]
Do you have something to add?
If I may, Your Honor, I'd like to suggest that the timely administration of justice
would best be served by allowing this case to continue.
As appellate courts have consistently held,
decisions like this ultimately come down to judicial discretion.
Thank you for that reminder, Miss Crane.
This is a complicated decision,
and there are a lot of competing considerations.
But given that we now have evidence of the defendant's wishes,
and given that those wishes are to go forward,
I have decided not to grant a mistrial.
[Lorna sighs]
[judge] Bailiff, please apologize to the jury
and let them know that we will resume promptly tomorrow at 9:00 a.m.
Court is adjourned.
One of the first things you taught me.
No judge wants to be reversed on appeal, and judicial discretion is a big-ass tent.
-Amen to that. -Yeah.
Now, do yourself a favor. Throw that tie away.
I love this tie.
All things are temporary. Burn it, Mickey.
[door opens]
No, Vasquez. Lalo Vasquez.
If you had anything about it--
What?
Yeah. Yeah, yeah. I will happily hold. Just as long as you don't--
Hello?
Oh, hi. Um, Mick is in court.
[Andrea] That's all right. I'm looking for you.
[Cisco] What is that?
Discovery from my office in the Lalo Vasquez case.
You're kidding.
[intriguing music playing]
[Cisco hesitates]
Won't you get into trouble?
There's already been a prelim,
and they've turned it all over to the defense, so probably not.
Honestly, I'm not sure I care anymore.
Wow.
Three dead college kids. All overdoses. Tox results show fentanyl in the cocaine.
What is it?
[Cisco] Something good.
Something very good. Thank you.
My pleasure.
Just don't get used to it.
[elevator bell dings]
-What's this? -Research.
I got to thinking. In all the hubbub about Julian,
the judge never ruled on De Marco's testimony.
-You have a chance to get it back in. -Lorna.
What? You said that that video is useless unless we get it in front of a jury.
She's not gonna let De Marco testify again.
Not with that attitude, she won't.
Mickey, I'm serious. We have to find a way to get that video in.
It's all right, Lorna.
I think I have a better idea how to use it. I'll meet you inside.
[tense music playing]
Mind if I join you?
I have something to show you, actually.
Save it for someone who gives a shit, Counselor.
I think that someone is you.
You're sick of it, aren't you?
Sick of what?
[Mickey] Just press play.
[music intensifies]
[video plays without audio]
[Mickey] I think you'll agree this is bad.
I didn't go inside with him.
[inhales slowly] It's not what it looks like.
Oh, it's exactly what it looks like.
[sighs] Here's the thing, Bishop. I don't care anymore.
I don't care whatever fucked-up arrangement you two had.
All I care about is saving my client and bringing this piece of shit down.
It's not that simple.
A woman is dead. My driver is dead. And now my client might die.
You're a lot of things, Bishop, but you're not a killer.
Whatever this is, deep down, I think you wanna make it right.
[scoffs]
Don't show that.
Not in court. Not to anybody.
Well, that depends, doesn't it?
[tense music continues]
Mr. Haller, please call your next witness.
The defense calls Neil Bishop to the stand.
[music intensifies]
[music fades]
[brooding instrumental music playing]