The Defenders s01e02 Episode Script

Man, if they ever catch this dirtbag, I'm gonna throw the book at them.
Criminal mischief, vandalism.
- Felony trespass, - Tortuous interference - with commercial expectance.
- Nice.
Uh, twenty years, Arvin.
See how funny that is.
Okay, guys, here's the deal.
Can file an insurance claim, take maybe a week or I can get up there today for, say, 300 bucks.
What is this, a shakedown before lunch? Why don't you grow a mustache? It'll be cheaper.
Unh! Pay the man.
- Oh, oh, oh, me? - Your idea for the billboard.
I got a motion to file.
What do you mean, "What present?" No.
It's a surprise gift for our son.
No, I'm not just looking for an excuse to drop by.
Of course, I have a present.
It's right here in my hand.
I appreciate it.
Right.
Look, I haven't seen Sammy all week.
I know we have a separation agreement, honey.
I drafted the damn thing.
Okay, thank you.
Tell Sammy I love him.
Seven-5287, Las Vegas v.
Laura Reid.
Benny B.
Hapwood representing Ms.
Reid, Your Honor.
Mel Gow for the state, Your Honor.
Defendant is charged with failure to take due care while driving.
Yeah.
Waive the reading, judge.
We're prepared to plead.
- Mr.
Gow.
- We're agreed.
Mindful the defendant did kill a woman.
It was an accident, Your Honor.
No drugs, no alcohol.
Ms.
Reid was at reasonable speed.
The woman was running down the middle of a The woman has a name, counselor.
Uh, no disrespect, Your Honor.
Uh, Mrs.
Merritt was jogging on a road with poor lighting and no sidewalk.
But in the interest of the court's time, we'll plead for probation.
Ms.
Reid has no priors and is the sole guardian of a 9-year-old girl.
Ms.
Reid, did Mr.
Hapwood explain to you the maximum sentence here is six months in jail? - Yes, ma'am.
- Mr.
Gow.
I'm good, judge.
State accepts three years unsupervised probation - in lieu of jail.
- Ms.
Reid, you are charged with failure to take due care in the operation of a motor vehicle.
How do you plead? Guilty, Your Honor.
The court accepts your plea and directs a sentence of six months in county jail.
- What? - They said it was just probation.
- We had a deal.
- Not with me, counsel.
They said no jail.
Mr.
Hapwood.
I withdraw the plea.
Judge, we withdraw.
My client has a minor child.
That's not the problem of this court, Mr.
Hapwood.
Call Family Services.
Perhaps the next time, you'll read the file.
Uh, Your Honor? Judge, if it pleases the court, maybe I Sit down, Morelli.
This is not your case.
- Judge.
Hold on a second.
- We're in recess.
- Judge! You got a minor here.
- Wait.
What about my daughter? The court is now in recess.
We'll reconvene in 15 minutes.
Please take all cell phone calls in the hall.
Benny.
Benny? Okay, now.
Come here.
- What just happened in there? - The judge is insane.
I I, I had a deal with Gow.
What did she mean by "Next time, read the file"? - You read the file, Benny, didn't you? - Of course, I read it! You read it.
There's no crime in here.
It was an accident.
The DA never should have even charged it.
Jeez, Benny.
The girl got family? Notify Child Protective.
Child Protective? No, no, come on.
Well, you tell me, Nick.
- What's a guy supposed to do? - Give me that.
Hi.
Open the gate.
Right here.
Ms.
Laura Reid, I'm Nick Morelli.
- I saw you earlier in Yes.
- In court.
I saw you.
Please, please sit down.
Do you know about my daughter, Katie? She's fine.
Benny and I are taking good care of her.
All right? I wanted to know if there's any relative or friend I could contact for you? There's nobody to call.
Her dad is gone.
My mom is in Texas.
Where's Mr.
Hapwood? He said that I would only be getting probation.
That That was the deal he made with the DA, but the judge does not have to honor it.
I feel terrible about what happened.
I was just driving home like every other night.
And I never saw her.
It was an accident.
And, uh And I'm all that my daughter has.
Well, listen, Laura, um if you're all that she has, then we just gotta get you out of here, okay? All right, Walter, so 10 grand out of the work safe? I know, I know, I know.
I feel so ashamed about it.
But I Look, I was gonna give it back.
I I just I cracked, okay? All day long, I'm selling diamonds to high rollers, and the money just stacks up there and sits there and I I'm losing my house.
So you stole 10 grand, bet it on a horse to save your house? I had a plan.
- Don't we all? - No, no.
But mine worked.
I won.
I mean, I cleared the four grand that I needed.
And then I go back to work to put the 10 grand back in the safe, my boss is home a week early from Tahiti.
Who comes back a week early from Tahiti? And he already called the cops, they're dusting for prints, interviewing everyone, so I just turned around and took off before anyone saw me.
I But How much trouble am I in? Lisa, client asks a question, give him a straight answer.
Grand larceny, two to ten.
Two to ten.
- Years? - Yes.
Two to ten years.
Oh.
Here, just just take it, all of it.
Just give it back, okay? All 14 grand.
I mean, I'll just I'll just find someplace else to live.
You You just You gotta keep me out of jail, okay? Sweet Mary.
All right, Walter.
Walter, Walter.
Your brain needs all the oxygen it can get right now.
Come on.
- Morelli-Kaczmarek.
- Do what you normally do.
Go to work, gym, movies.
Whatever.
If the police contact you, just be polite, shut your mouth, then call me, okay? I will be in touch.
- Okay.
- All right.
Wonderful.
Thank you.
Thank you.
Thank you.
Thank you.
- And thank you.
- It's okay.
- You're welcome.
- Good luck.
- Hi.
- How you doing? Hi.
Katie, these are my friends.
This is Pete, Lisa and Zoey.
- Hey, Katie.
- Hi, Katie.
What cell phone do you have? Oh, excuse me.
This way.
- They're twins.
- Well, they're sisters.
Zoey, Katie says she's very good at playing video games on the computer.
Do you think maybe you can help her? I bet I can.
Come on around, let's take a peek.
Great.
- Something you're not telling us? - Yeah.
Benny Hapwood.
Got her mom tossed.
Schmuck.
Benny B.
Oh, jeez.
Gotta find a place to park the girl.
Can you believe that jerk was gonna dump her in the system? Oh, wow.
All right, I need you to file this in White's court.
Don't worry about it.
You'll be fine.
Just don't let her know you're with me.
And this.
Top page, 911 transcript.
Car hits jogger.
Driver is not impaired, not reckless.
You tell me why Susan White tosses the driver in jail.
- All right.
- Yes.
Nick Morelli for Judge Owens.
All day? All right.
Uh, just tell him to give me a call when he checks in.
Thank you.
- What the hell is this? - New client.
Stole it from a jewelry store and then bet it on the 5th at Del Mar.
Unbelievable.
Whoa, whoa, whoa.
You cannot put stolen cash in our safe.
- It's escrow, Nick.
- No.
It's accessory after the fact, Pete.
- It's my client, Nick.
- No, it's my safe.
Nick.
Look.
Phew.
Driver tells 911 dispatch, "I just looked up and she was there.
" - What's that? - Admission of negligence.
It takes you two minutes to see what Benny's been missing for two weeks.
Ah, somebody has gotta clean up his damn mess.
Judge Owen? Bob? Hey.
- You, uh, got a minute? - Morelli? What are you doing here? I doubt you came here to hit a bucket.
Well, I, uh, bribed your clerk with a few buffet coupons to Binion's.
- What do you want, Nick? - What do I want? I want Susan White thrown off the bench.
Is this about her booting that plea in justice court? Okay, so you heard.
Well, she's planning on running for district court.
She's beating her "tough on crime.
" She wants it heard.
Bob, you gotta pull rank here.
You gotta force White to reopen this case.
Look, she had every right to disallow that deal.
- It's her prerogative.
- She relied on facts, not on evidence.
- She just assumed, Bob.
She - No, no, White is a judge, Morelli.
She can judge.
- Hey, it's what we do.
- Uh Uh Nick.
Look, um, I'll tell you what.
Why don't you get me something I can use, huh? Man, I've got people I've gotta answer to too.
Thank you.
You wanna get the rake? Rake out that bunker? - Yes, sir.
- Do a good job.
Yes, sir.
Mr.
Nikolec.
Hi.
Pete Kaczmarek.
And I come with good news regarding your recent loss.
Are you with the insurance company? No.
Actually, I represent the very remorseful, very contrite individual who removed the money from your safe and wishes to return the $10,000 in full.
- You know who did this? - Mr.
Nikolec, please take it easy.
I understand you're upset.
But this is approaching assault.
Who was it? Pavel? Armand? That scumbag Bucky Brisson? That is privileged.
But I'm here to let you know in return for your cooperation helping my Cooperation.
I don't want to help, I want to hang him by the Oh.
Walter, for God's sake.
Haven't we had enough trouble today, huh? No.
You tell your client no one steals from me.
No one.
The insurance company can pay me my money back, huh? Okay.
Well, if you found an insurance company that will pay what they owe you this decade, let me know, because I'll change carriers.
You've got my number.
Are you nuts? You can't make a plea deal without knowing who the guy is.
Sure you can.
You're senior ADA now, Tommy.
- Don't call me Tommy.
- Right, sorry.
Thomas, look at this as an opportunity.
The police don't even have a suspect yet.
But your office gets the conviction and all the money back all in the same day.
Listen, it's not a good time right now.
Okay, let's do this.
Plead it down to a gross misdemeanor, my guy does no jail time.
But But we make him jump through some hoops.
Let's say, three years probation.
No.
No, have them turn themselves in and I won't hit them with money laundering.
Money laundering? If they don't come in, I'll come after you.
You have an affirmative responsibility here.
Oh, I'm trembling! What a putz.
Not you, him.
Zoey.
Give me the numbers for Benny Hapwood.
I need the cell, office, work.
Great.
Where's Katie? I got rainbow eyes and a dragon.
And Zoey taught me how to answer the phone.
We're twins.
See? Oh.
Manelli-Kazenheymer, hold please.
Sweet.
Ha, ha.
Hey, Katie.
I need three copies of this on my desk my 5 p.
m.
today.
Okay, that's it.
That's enough.
Nice tattoo, honey.
We gotta go.
Come on.
What are you doing? - Come here, man.
- Bye, Zoey.
- Bye.
- Bye.
Here, here.
- You're supposed to call first.
- I know.
But calling might have meant you'd say no, so I This is Katie.
Is that the present you got for Sammy? No.
- Her mother was incarcerated today.
- Jess! Jess! I love what you've done with the yard! Thanks, Pete.
- Hi.
- Hi.
I'm Jess.
- Thank you.
- Okay.
Benny, stay there.
I'm five minutes away.
Benny, stay.
Believe me, nobody is gonna miss you.
- Idiot.
- You're gonna blow a vein, Nick.
Keep picking up stray women and children.
I suppose I should try to keep embezzlers out of jail then? Four-hundred-an-hour for two days' work.
Somebody has gotta look out for your future.
- There's that idiot.
- Trying to get away.
Block him, block him, block him.
Benny.
I thought I told you to stay.
I've got night court, Nick.
Client is waiting.
Client is better off defending themselves, B.
Benny, I told you if you wanted me to help you out, you gotta help me.
Come on, I got a kid at my wife's house, - I got a woman in jail - And what? I don't care? I said I feel awful.
And I'll do whatever you think is necessary.
I knew you would, Benny, because you're a stand-up guy.
I always said that.
That Benny B, he's a mensch.
That's right.
- Wha What? What? - Write.
- Now? - Now.
I, Benjamin B.
Hapwood.
I, Benjamin B.
Hapwood Am the dumbest lawyer in the state of Nevada.
I'm not writing that.
Owen will reopen the case, Ben, but you have to give him cause.
Deficient counsel.
Whoa.
Put on paper I messed up a case? It isn't true.
No.
Well, it's either that or Laura Reid sits in a jail and her kid goes to foster care.
- Ugh.
Come on.
- Come on, Benny.
No! No letter! I'll do anything but that.
Anything? Come on.
- Hey, judge.
- Nick, come on.
I got a friend here I want you to meet.
Hey, Judge Owens! Judge, this is, uh, Benny.
I, Benjamin B.
Hapwood, am an excellent lawyer.
However It's all there.
Judge Owens ordered the case reopened.
Expedited.
- Is this a score card? - Why, yes, it is.
Desert Oaks.
If you doubt the judge's score, you can call him yourself.
What does the DA have to say about this? Uh, I'm not sure.
Not sure? Don't you work here? I've been asked to wait.
Wait? For what? Yes? - Tommy.
- Sorry, judge.
Mr.
Morelli has asked to reopen Laura Reid? Yes.
I have an order here from Bob Owens.
- Your boss have anything to say? - Yes, judge.
The state has no objection to reopening the case.
If that's what Morelli wants.
What do you mean? If you decide to reopen, we intend to re-file the charges upstairs in district court.
- What? It's a misdemeanor.
- No, not anymore.
It turns out Ms.
Reid was on her cell phone at the time of the accident.
That's gross negligence.
Careful what you wish for, Nicky.
You reopen this, we'll tack on felony vehicular manslaughter to the original charge.
Her six months just turned into four years.
- How's Katie? - Katie Katie is just fine.
She misses you, but she's good.
- My wife just adores her.
- Thank you.
Oh, you're welcome.
You're welcome.
Look, Laura, I have some news.
The judge is gonna order a new hearing.
If you want, you can withdraw your plea.
- I could get out? - You could.
And Mr.
Hapwood will help me? No.
No.
Mr.
Hapwood stepped aside.
Reluctantly.
But if you'd like, I could help.
- I don't have any money.
- No, that's That's fine.
It's, uh That's not the problem.
- Problem? - Here's the thing.
If you take back your plea, the DA is gonna re-file your case in a higher court.
He'll charge you with manslaughter.
What? - Yeah.
- It was an accident.
I know.
But the DA says that you were on the cell phone at the time, - and that makes - Phone? No, I wasn't.
I I I already called Katie.
So you were off the phone before the accident? Yes.
Okay.
Look, Laura, the state can't try you twice here.
If you wanna stick with your guilty plea, it's just the six months.
But if you want a new trial, you start from square one.
The DA is gonna add a charge.
You could face four years.
But I can't spend six months.
What about Katie? My mom can't take her, she's too sick.
I know this doesn't sound great, but I can help facilitate some foster care.
No.
I wanna take back my plea.
It was an accident.
I wasn't on the phone.
Please, you have to believe me.
Please.
Okay.
The victim, Mrs.
Merritt, lives here.
And she was jogging east on Golden Arrow Drive and was hit in the back here, at the intersection at Burnham Ave.
And the defendant called 911 herself - to report that she had hit Mrs.
Merritt.
- Yes.
State's Exhibit 1A, Your Honor, a transcript of the defendant's 911 call.
Detective Stander, can you read the highlighted sections please? "I hit someone on the road.
I just looked up and she was there.
" Just looked up and she was there.
Wow.
Defendant wasn't paying attention.
- Objection, Your Honor.
- Withdrawn.
Is it a fact, detective, that the defendant's vehicle was traveling at an excessive rate of speed? Skid marks confirmed the defendant was traveling east at over 30 miles per hour on Golden Arrow.
Where the statutory speed limit is 25, correct? Correct.
Thank you.
Detective, statutory, 25? I'm confused.
It's not 18? No.
Eighteen is the age of consent.
Statutory speed limits are those in the books, what the limit is if it's not posted otherwise.
Oh, okay, I get it.
So, what Mr.
Cole is really trying to say here is that there are no speed limit signs posted on Golden Arrow Drive.
No, they are not.
- Why not? - Why not? Yeah, no posted speed limit signs.
Why not? What is the city too cheap to buy them? - Objection.
- On with it.
Oh, one more thing.
Mr.
Cole said Laura was driving at an excessive speed.
Your skid mark analysis clocked her at what? - Thirty-one.
- Thirty-one? In a 30-mile-an-hour zone? - Twenty-five.
- Right.
Twenty-five.
Statutory.
Sorry, it's confusing.
I mean, how can you tell when a city is too cheap to buy signs? All right, as far as I can tell, the prosecution assumes that the victim was running east on the side of the road.
She passes that boat.
Laura comes around the boat.
Brakes here, skids here, hits vic.
The vic is tossed right there.
How do we argue she couldn't see a jogger right in front of her? I got the cell phone records.
Laura's call home to Katie ended at 8:13.
A minute and a half later, she calls 911 at 8:14:43.
Okay, so, what happened in those 90 seconds? You're gonna wish you never asked.
I can't just stand there? I gotta run in these alligator shoes? I can't see you! She couldn't see the jogger because of the boat! I can see you.
Hey, don't hit me! Whoa, whoa, whoa.
You almost hit me! - You said you weren't gonna hit me! - Get down.
Get down.
- What? - Get down on the ground.
No, Nick, come on, I got court later.
You just got hit by a car.
Make Lisa get on the ground.
- Get down! - All right, all right.
All right.
Laura says she walked over here to see who she hit.
Looks for a pulse.
Goes to the car where she said she left her cell phone.
Dials 911.
- Time? - Thirty-six seconds.
How we gonna argue she wasn't on the phone? It's too narrow of a window.
Well, if she was on the phone, Katie would have heard the accident.
Right? Let's go.
Always did bring your work home with you, but this takes the cake.
Ah, Jess, thanks for doing this.
Feels kind of nice, though, huh? Always did want to have our own little girl.
Mm, could you bring these to the kids? - Hey.
- Yeah.
Did you move my boxing trophies? Oh, God, I'm sorry.
I should have told you, but I boxed them up.
There's so much clutter.
Okay.
I get it.
- Is my mom okay? - Yeah, yeah, she's fine.
She's fine.
She misses you a lot, though.
We'll have her home real soon.
Ahem, Katie, I need to ask you a couple of questions about the night your mom got into the accident, okay? Mm-hm.
You remember talking to her? Mm-hm.
While your mom was on the phone, did she shout or cry out at all? She just wanted to know if I had finished my homework.
You don't like talking about this, do you? I can't.
I can't do it.
I can't put her on the stand.
Judge just sees a scared little girl trying to alibi her mom.
If Cole rattles her, she may say something to make it even worse.
She's a 9-year-old girl, for crying out loud.
- You gotta kill the phone thing.
- I know.
- Or the mom gets four years.
- I know.
If I was you, I'd start figuring how to make the kid work.
Well, that's what you'd do? Because you know kids so well.
It's not a matter of knowing kids.
It's a matter of I know judges.
Looks like your girl is dating her boss.
What the hell? Here you are.
Unbelievable.
Seriously, Meredith? Him? Aren't there rules against fraternizing with fellow DAs? And can he even afford this place? - Are you jealous? - Concerned.
Reflects poorly on me if anyone were to find out about our relationship.
Cole is actually quite charming.
By "charming," you mean creepy and asexual? He's got a good 2 inches on you.
Excuse me? What are you, 6'2"? Evidently, he's getting less oxygen up there.
He tell you about the hose job he's doing on me? Oh, you mean your anonymous client? Money laundering for gambling on a horse.
Can you reason with Prince Charming? My guy's got no record and he wants to return the 10 grand.
Then why did he take it in the first place? Off the record? He is underwater.
Trying to save his house.
Knucklehead put it all on a horse at Del Mar.
- How did that go? - He won, thank God, four grand.
- Can pay his mortgage.
- Well, there's an angle.
I bet I can get Cole to give you your, um, no-jail-time gross misdemeanor if your client forfeits all the winnings to the DA's office.
Oh, Meredith, did you hear anything I just said? The guy's trying to save his house.
The four grand was the fruit of illegal activity.
He made the bet with dirty money.
What? If he lost the bet, would you go after the casino that butters your bread? You're very sexy when you're trying to take on the system, even though you know your argument is going to lose.
Is that a challenge? I'm just trying to save a guy's house.
Wait a minute.
You just wanna get paid.
How dare you.
It's written all over your face.
It is not.
- Thought you're never coming back.
- I'm starving.
Did you order? No.
Is that? That's Pete Kaczmarek.
- Get what you wanted? - Not in the way you think.
Our pal over there doesn't have to know.
- Smile.
- Heh.
Karma's a bitch.
Ms.
Edson, as a phone company representative, can you tell us what these highlighted numbers mean? The highlighted numbers are the last two calls made by Ms.
Reid the night of the 9th.
The night of the accident.
The defendant made a call at 8:10 that ended at 8:13? Yes, to her home phone.
And the call following that, to whom was that made? And can you say when that call began? Yes.
That call was initiated at 8:14.
So the defendant was chatting to someone at home one minute and reporting she maybe killed someone the next.
- Objection, Your Honor.
- You wanna rephrase that, counsel? No, I'm good.
Thank you.
It's going to be okay, Mr.
Hutton.
Just try to think about something else.
You are on a beach on a far away tropical island, sipping coconut milk through a straw.
What is going on? Police called Walter.
Want him in for an interview.
The gig is up.
No, Walter.
No, it is not.
Thank you, Zoey.
Look, Walter, I'm working on a deal that's gonna keep you out of jail, keep your winnings and I'm going to renegotiate your home loan, okay? We are going for the trifecta.
- Yeah? - Yes, but I need you to buck up.
Now, the police are interviewing all employees, right? - Yeah.
- Okay, so it's probably just routine.
Just to be cautious, I'm going to need you to lay low for a little while.
Hang out here.
Make yourself comfortable.
Take Okay, Walter.
Okay, big hugs.
Okay.
Okay.
Why don't you just watch some TV and I'll be back soon? Fingers crossed, okay? Lisa? Lisa? You find it? Willowbrook v.
Olech, U.
S.
Supreme Court.
- Is this really what you're looking for? - Yes, yes.
Yes.
You read this? This is gold.
Yes.
And how exactly does this help Walter? I need to prove that there's a conflict in the state taking Walter's winnings.
Ah, so you can get your fee.
This isn't about money.
This is about principal.
Really, Pete, this case is about water pipes.
I know.
It's crazy, right? Heh.
Judge? Judge, hi.
Borrow you to settle a little legal argument? Two minutes.
- Oh, you told me one.
- I'm timing you.
Okay, hypothetical, John Doe steals 10 grand.
Places a bet with the dirty money and wins 14 back.
What happens to that extra 4 grand? If the state establishes stolen money was used for the bet, the winnings are subject to forfeiture.
Thank you.
Enjoy your sandwich.
I'm not done, I'm not done.
Okay, John Doe makes that very same bet with the very same dirty money, but this time, the casino wins.
What does the state ask the casino to do with their winnings? Nothing.
Keep it.
See you, guys.
Thanks for the campaign contributions.
This town was built on dirty money, Kaczmarek.
I mean, is this news to you? What's the legal argument? Two parties on opposites sides of the same bet.
Roulette ball lands on red, that party, the gambler, forfeits.
On black, that party, the casino, walks away scot-free.
It's an equal protection violation, Your Honor.
Oh, for God's sake, we're talking about betting here, not race relations.
Village of Willowbrook v.
Olech, judge.
United States Supreme Court applied equal protection laws to a property dispute involving water pipes.
Now, if the Supreme Court says that the village of Willowbrook cannot treat two neighbors on opposite sides of the same water pipe differently, what is the court gonna have to say about how the state of Nevada treats two parties on opposite sides of the same bet? That's a hell of a stretch, Kaczmarek, but intriguing.
Thank you, judge.
Thank you very much.
Hey, hey, hey.
"Hell of a stretch"? That's an understatement.
Your argument's ridiculous.
He's intrigued.
He's thinking about it.
Hoo-hoo, could you imagine if you let that door open? All right, look, I gotta give Cole something.
- He hates you guys.
- So? Full restitution to the victims, fifty-fifty on the winnings, my office tomorrow.
Done.
Thirty-five years, sir.
I retired just this month.
- Thirty-five years, wow, that - That's terrific.
In all these years that you've been giving driving tests to the DMV, would you consider yourself an expert at the proper operation of a motor vehicle? An expert? Oh, my.
I suppose, yes.
And on the way to court today, did you break the speed limit maybe just a little bit? I did not.
Really? Well, how would you know? Do you have a feel for these kind of things? You may not rely on feel or on the flow of traffic.
It is essential to monitor your speedometer.
Wouldn't that mean you'd have to take your eyes off the road? - Wouldn't you flunk me for that? - Just the opposite.
Proper driving requires that you regularly glance away from the road ahead to your instrument panel, your mirrors.
Or over your shoulder to change lanes.
Yes.
Good.
So if my client were to say to 911 that she just looked up and she was there, that wouldn't necessarily suggest any lack of due care on her part, or negligence? It would not.
No.
Thank you, Mr.
Schneider.
Thank you.
And congratulations on your retirement.
And if the defendant were on her cell phone when she hit Mrs.
Merritt, would you flunk her? You knocked out everything else, Nick.
The excessive speeding is nonsense.
The looking away is gone.
Sorry, who had the kung pao? Oh, yeah, and the rice.
And the? What do I look like, a waiter to you? Okay, look, it's pitch black outside.
The victim's in dark clothing.
Dark clothes or not, DA's gonna point at that photo and say how the hell does Laura not see her unless she is on the phone.
Ah, this sucks.
Well, what about Merritt? Maybe she has a phone.
Is that a cell phone? - Let me see.
- Right there.
Well, you're good.
- What? - Cell phone.
Maybe her cell phone breaks when she gets hit.
The phone company will be able to tell us the exact time that it died.
Zoey, get Officer Sanchez in storage.
Tell him we need to get into evidence now.
Come on.
Come on, be broken.
Be dead.
Should be ready.
Want me to try? - Oh, damn it.
- Crap.
Let me see that.
- What the hell is that? - I don't know.
Maybe a witness we didn't know we had.
It's an application we developed for joggers to track statistics in their training.
It works with a chip in the runner's shoe.
Okay, so the statistics on the monitor are a record - of Mrs.
Merritt's run that night? - Yes.
And the image proves that Mrs.
Merritt left her house here, went east on Golden Arrow Drive, where she was run down from behind as the state assumes.
- No.
- No? The first statistic on the screen is distance traveled, 3.
6 miles.
But the distance from the runner's house to the accident is less than half a mile.
Now, what if I told you from her house down Golden Arrow Drive West then to here, around here and up Burnham Avenue to the site of the accident was exactly 3.
6 miles? Objection.
Speculation.
Sustained.
Okay, the phone tells us Mrs.
Merritt ran 3.
6 miles.
Correct? So maybe Mrs.
Merritt went a different way.
Maybe she went around this way which is 3.
6 miles and ran in front of the car.
- Maybe they didn't see each other.
- Objection.
- Maybe it's an accident.
- Are there facts? Ms.
Reid was on the phone.
Mr.
Morelli, is there anything in this that you can prove? Proof.
Right, yes.
Okay.
Mr.
Philips, can this thing tell us the exact time a jogger stops jogging? Yes, uh, when the forward momentum of the runner ceases, the recording shuts down which in this case was 8:14 p.
m.
Eight-fourteen p.
m.
Okay, and if I were to tell you that in previous testimony, we've proven that my client got off the phone with her daughter at 8:13 p.
m.
, would you say that my client was off the phone.
- Objection! - A full minute before Mrs.
Merritt ran in front of the car? - Judge? - Withdrawn.
Thank you, Mr.
Phillips.
On your way home tonight, plan on running anybody down? - Objection! - Counsel No, this is a serious question.
Do you think - that you might run somebody down? - Your Honor.
Ever killed someone on the way home from work? Because I haven't.
Because when driving, we all take due care for our neighbors.
- Your Honor, that is - That's enough.
I've heard enough.
We're adjourned.
Per our deal, 50 percent of Walter's winnings to the state.
Two thousand dollars.
And I'll be sure that he turns himself in by the end of the day.
Noon.
And I'll need proof of full restitution to the jewelry store.
Fine.
With that, I assume you'll give me an OR, own recognizance.
- I know what an OR is.
- No way.
I'm gonna recommend bail at $10,000.
- What? - He has to put up 10 percent.
Only 10 percent is gonna cost my client a thousand bucks.
That's gonna cut your fee in half.
Meredith, this has nothing to do with my fee.
Look, if he doesn't wanna pay, he can spend the night in jail.
It's dealer's choice.
Hey, you're still a grand ahead.
Walter? I can't believe out of all people He's got financial issues.
Yeah, but why he didn't come to me? He made a mistake.
He regrets it.
Look, trust me.
This is the only sure way you're gonna get your money back.
You have 10 grand on you now? So do we got a deal or what? All right.
Deal.
Okay.
- It's right there.
- On one condition.
- I want my vig.
- Huh? Vig? What vig? Vigorish.
He won with my money.
I want my vig.
Call it a thousand and we're good.
A thousand dollars? That is outrageous.
And it is not legal.
A defense attorney cannot offer interest on restitution to alter a victim's decision.
It'd be improper.
Yeah, what she just said.
- Okay, you are the lawyers? - Yes.
Figure it out.
Take it or leave it.
How much are those cuff links? Two hundred.
- Those your style? - No, they look fake.
Not as fake as yours.
Hey, man, these are not fake.
Okay, we'll pay a thousand dollars.
- Take it or leave it.
- Deal.
Deal.
There's your fee.
I don't know what to say.
I mean, you saved my life.
You saved my house.
We'll get your loan modified, Walter, but you still got to make your payments.
No, no, don't worry.
Look, I got a plan.
No, no, no.
No horses, no betting, no borrowing.
You remember what the judge said.
You violate your probation, you're going in.
Of course, don't worry.
I Look, I just I feel bad because, I mean, you worked so hard and I've got nothing left to pay you.
It's all right, Walter.
We got a win.
Just worry about your house, okay? Good luck.
Hey, hey, hey.
You Hey, wait a second.
Hold on.
We still Yes.
There it is.
Take it.
I bet one other race.
Belmont.
It's with my own money.
It runs later today.
Walter, this is a $500 ticket.
I can't take this.
No, no, no, take it.
It's a great horse.
Between the Sheets.
It's 8-to-1 odds.
I mean, that's almost 4,000 bucks, right? Ha, ha.
Hey, maybe our luck is changing.
Or not.
All rise for the honorable Judge Owens.
If you gentlemen don't mind, I'd like to dispense with the closing arguments.
Now, bringing this case as a felony manslaughter was a stretch at best, Mr.
Cole, given the evidence you offered here.
And as so little of it was actually proven, well, I certainly hope you think hard before trying it again.
Hm? As for the facts that were proven, Ms.
Reid was driving over the statutory limit.
And she was on her cell phone, albeit not at the moment of the accident itself.
But a woman was killed.
And the question remains, do the facts rise to the level of the underlying original charge? Failure to take due care.
And I'm forced to conclude that they do.
Defendant is guilty of the original misdemeanor.
And I'm prepared to sentence the defendant to seven days, time served.
You're free to go, Ms.
Reid.
Good luck.
Thank you so much.
Katie.
Jess? MAN At the rear of the first pass That's us in the back.
In the back.
- I'm sorry, partner.
- No, it's all right.
It's perfect.
It's my month in a nutshell.
All promise and no payoff.
Chicken or feathers, baby.
Chicken or feathers.
It's Between the Sheets, charging on the outside.
Moving up fast.
- Nick, that's us on the outside.
- Look at him.
Look at him.
Get up there! Get her up there! - Nick, she's getting up there! - Put him up! We're gonna win, baby! We're gonna win! We're gonna win! - Oh! - Oh, come on! Really? Bartender!