Made in Jersey (2012) s01e03 Episode Script
Camelot
1 Hello Sunshine! The sun is shining.
It's summertime I'm gettin' so excited forget goodbyes forget good night, you can close your eyes but I won't let you out of my sight.
Hello Sunshine! - No, don't stop on my account.
- I I dropped something.
That's my floor.
I'm Nolan.
Nolan Adams.
I know who you are.
Third year, right? Yeah.
I watched you make Will Emerson cry on the stand.
Mm.
Telling the truth made him very sad.
Mm, the forged signature, to argue unjust enrichment, that was clever.
I'm Martina Garretti.
First year.
Well, you must be first year you're not mean yet.
Donovan Stark wants to see me.
Show-off.
Hi, Cyndi.
I I tried to stop her.
Excuse me? Before I left for London, I taped a cheat sheet with my network passwords here.
This used to be my office.
Well Now it's my office, and, uh, those are my files.
I started here a month ago.
I'm Martina.
Riley Prescott.
You know we have to share Cyndi.
I do.
By now you'd think they'd let me have my own assistant.
Martina, Donovan wants to see you.
I got it.
Martina Garretti.
We're about to expand your repertoire with a new civil case.
You two know each other? - We just met.
- Pretty well, yeah.
I've been getting Nolan up to speed on your new client, Penelope Hewitt.
Her family's been with the firm for 25 years, and I'd like to keep it that way.
Penelope's a surrogate who wants to keep the baby.
Well, sounds like a straightforward contracts case.
Except our client's a surrogate for her sister.
And her sister's in a coma.
That's all.
It's okay.
Do good work.
And how'd she end up in a coma? Uh, carbon monoxide leak in the wine cellar.
Conference room at 5:00.
Hey, I am still trying to put things back together in there.
And your mom called.
Ah, I need a separate line just for my family.
They do fill up your voice mail.
- I was joking.
- Do you know that your mother is the only Garretti that I Haven't met? That can't be true.
What, they've all been here? - I've only been here a month.
- Mm-hmm.
When do the cousins start calling? Martina Garretti's office.
Yes, she is, one moment please.
It's your sister.
Older one, you want me to transfer? Deb, I'm running into a meeting.
Joseph doesn't want cake tonight.
He says they're for babies.
Since when did truning ten mean you're too old fro cake.
I ordered cupcakes at the bakery, but I can't go pick them up.
- I'll do it for you.
- Thanks Peanut butter cupcakes.
Did you ever.
- I'll see you tonight.
- Don't be late.
If my sister could She would fight for my custody of this baby.
This surrogacy contract was between me and her.
- It was also with her husband.
- Barely.
Emma that's my sister wanted a child so much, but IVF didn't work.
It was Emma and I who came up with the idea for me to be the surrogate.
Mason, her husband, he just went along with it.
You know, "happy wife, happy life.
" - But his names on the contract.
- And that's our problem, not yours, Penelope.
So what now? Informed consent is one approach.
Or unconscionability.
- "What's that? - Unconscionability" means that in order to fight this contract, we have to establish what's different, now that Emma is incapacitated.
For starters, your sister, obviously, she won't be able to participate in Parenting.
Ever.
She'll never hold her baby.
I'm so sorry, Penelope.
Surrogacy cases are emotionally charged.
Judges are subconsciously more sympathetic to women who argue on behalf of the birth mother, so Martina Is going to do most of the questioning in court.
I have two sisters.
Already, the older one called with an assignment for tonight's family dinner.
It was seven weeks ago, but it feels like years since I've heard Emma's voice.
I miss her.
She'd started making this scrapbook for the baby.
I just keep looking at it.
Penelope, tell me about Emma's husband Mason.
Emma could have married anyone she wanted But Mason charmed her.
And he has adjusted to a life of leisure.
He's not a bad person - But he wouldn't make a good parent? - He's lined up around-the-clock nannies here and at their house in Paris.
That sounds responsible.
My sister's passport expired last year.
Paris was the last thing in her mind.
She never wanted him to take the baby away.
Mason can't give this baby the life that Emma dreamed of.
I can.
Then we have to make sure you do.
Finally, racing through the crowd, now step aside, and soon, like starlight turn the key no one's gonna break me there's so much more to see gonna try to take this town.
Made in Jersey 01x03 "Camelot" ==Correction by dcdah== Bye Penelope.
So, why don't we capitalize on the emotions of the case by claiming that Mason was staffing out the parenting.
Parenting that Penelope could do better.
We'll also need to chronicle the comatose sister's emotional intent.
I'll get the scrapbook Penelope said Emma made.
Okay, and you know, she's gonna have to remain flexible to alternative arrangements.
She says she's open to shared custody as long as Mason stays in New York.
Okay.
Oh, what about the actual contract? Uh, she presented the agreement to Mason and Emma in Philadelphia, and then they brought the agreement back here to New York to sign.
Legally, if half the parties agree to a contract in a state that doesn't recognize surrogacies, then the argument can be made that the contract is void.
But only if we can prove that Emma and Mason signed the contract in New York.
Right.
Hey.
- Happy Birthday! - Thanks.
Go blow these up.
Uncle Albert'll tie 'em for you.
I'm going to this thing tonight at Charlie's school for single parents.
Mm, like a mixer.
Thank God I kept my looks.
Good genes.
- Clean living.
- Hey.
I had half of one in the car.
They're not bad.
How's my baby big shot? They had pork chops on sale at Costco.
They're all ready Bryan's just running a little late.
I wouldn't hold up dinner for my husband; why should you? - How's the bachelorette pad? - I have a pot rack and no pots.
I have a silverware drawer and four forks.
But that's okay, - 'cause I have my own bathroom.
- I am jealous.
- I have never had one, ever.
- I just want my own sink.
Get a divorce; You'll get your own everything.
- She's got to get married first.
- Hey, leave me baby alone.
- Thanks, ma.
- I'm starving.
Hold on.
The apple tree's gone! Robby's jumping - in the hole! - What?! Whoo-hoo! Oh, my God, my tree! Dad, my tree! What happened? Sweetie, calm down.
Calm down? Robby, don't drop in that hole, honey.
- No, no, no, no, no.
- Yes, just calm down.
Honey, no one is dead or hurt.
My tree is dead, mom.
It's gone.
It got apple crab.
It would've torn up the lawn and ruined the other trees I had to cut it down.
Why didn't you tell me? Because he knew you'd freak out.
- Thank you.
- Albert! It was poisoned.
The Clarksons have been complaining about it since the day they moved in.
They poisoned it.
- I know it.
- What? I no! - Deb, you got to calm down.
- They killed my tree.
Why is it her tree, Aunt Bonnie? Because your grandma and grandpa planted it the week that your mother was born.
They can't get away with it, right? I can sue 'em.
Can't I? I'll look into it.
She's looking into it.
You're running with the thoroughbreds now, Garretti.
Yeah, but I'm still the same old workhorse.
Eh, second chair to Nolan Adams is My grandpa used to say that people with that kind of money use dimes as screwdrivers.
- What's your take on Nolan? - I got nothing against him, but, hey, I'm just the firm's investigator, I don't go to parties with Mayflower types.
Well, he asked for you on this case.
Well, then he's rich and smart.
You know, I don't think I've ever been to a house like this Unless you count trick-or-treating in Montclair.
Penelope is waiting for you in Emma's room.
Thank you Lilla, right? I keep house for Mr.
and, uh, Mrs.
Burch.
Penelope says you've helped her so much.
Oh, I wish I could do more.
Do you mind if I, uh, just? - Oh, no, go ahead.
- Thank you.
Knitting something for the baby? Mm-hmm.
It's a cardigan.
It's almost done.
You and Emma were close? I think I miss her almost as much as Penelope does.
- Almost.
- Lilla, did you ever hear Emma and Mason - discussing the surrogacy contract? - Oh I wish I had, but no, I didn't.
Hello.
Emma Martina's here.
She's ready for her photographs.
This could be really important for your case, Penelope.
Is it awkward to come to your brother-in-law's house when you're suing him? On the issue of Emma's care, Mason and I have no argument.
This is the best place for her.
She has around-the-clock medical attention, very nice nurses.
But, uh, do you have to ask his permission to come and see her? Out of courtesy, I let him know when I'm coming over.
Could, uh, you talk to my family about boundaries? That's the day we promised each other we were gonna have this baby.
Where is that? Here, in the wine cellar.
So the genesis of the agreement was in New York? Yeah.
Good, can use that.
That was last winter at her house on Marco Island in Florida.
She's so pretty, Penelope.
I think so, too.
She had just gotten back from a couple of weeks on the island when the accident happened.
The first few days in the hospital, she still had a tan.
What was it like with Emma before the accident? When Penelope was here, Emma almost always let me go early.
Those sisters liked to cook together.
How often was that? I don't know, um, twice a week.
They always had fun.
Emma could hardly wait for that baby to be born.
What about Mason? He ever talk about the baby? Not to me.
Penelope, what's going on? Oh, hello Mason.
I'll wait outside.
Mason Burch, Emma's husband.
Martina Garretti, Stark & Rowan.
Oh.
Penelope didn't tell me that she was bringing her lawyer into the house, so Oh, I've just finished.
I'm so sorry about what your family's going through, Mr.
Burch.
You know it's not healthy for Penelope or the baby to be under stress.
We agree.
This seems like a situation that we can resolve amicably.
She's open to something with shared custody.
Well, why would I share custody when she's not the parent? I am.
Can I, uh, can I ask you about the accident? Yeah.
Where was Mason? Playing golf.
Emma was digging out from a few weeks of solo vacationing in Florida.
She wanted to cook dnener; I got the day off.
Not much of a day off if you're here, right? I'm responsible for all the food in the house Planning, shopping, and cooking.
I realized that afternoon there probably wasn't enough food in the fridge for Emma to make dinner, so I ran by the market and dropped by.
Okay.
There was water boiling on the stove, so I knew someone was home.
The door to the wine cellar was open.
- This one? - Yeah.
Which was weird because there are Bordeaux down there older than me and Mason is a nut about temperature control and all of that.
I found Emma in there.
She was unconscious, huh? I called 911 and I called Mason.
I didn't know it was carbon monoxide.
The EMT told me, if the cellar door had closed behind her, she would have been dead.
Hmm.
Cozy as a meat locker in there.
Did you see Mason with his wife? No.
But I see he's ready for carpool.
When I was in the room, he didn't touch Emma.
He didn't even look at her.
From what the cook said, the sisters spent more time together than Emma and Mason did.
Maybe the honeymoon ended a while ago.
Why do you say that? Well, before the accident, Emma was in Florida for two weeks.
She comes home, spends her first night back at her sister's house, then, the next morning, Mason leaves early for the rest of the day.
I mean, who does that? People who don't have much to say to each other.
Maybe the marriage hit a rough patch, but they didn't want to let Penelope know 'cause they didn't want to upset her.
Could be.
What else did the cook say? The EMT guys were in and out in five minutes, and just as the ambulance was pulling away with Emma, Mason arrives.
He's a wreck; emotionally, he's all over the place.
He comes right from the golf course, doesn't even take off his spikes.
Then he goes up to his study, leaves for the hospital about a half an hour later.
What was he doing up there? I'm here.
Let's begin the contract hearings.
Counselors.
Your Honor, as argued in our petition, our client, Penelope Hewitt, thought she was entering into an agreement with a happily married couple who would raise this child together.
If Emma Burch could speak, she would say it was never her intention to have her husband raise this child alone.
Emma and I were happy.
We loved each other and we were looking forward to raising our child together.
Mr.
Burch, please sit down.
Your Honor, we would ask that the court inquire as to who the Burches designated as the child's guardian.
We designated her sister Penelope.
Because you thought she'd be a fit parent for your child? In the unlikely event that the child lost both of its real parents.
Because one of the parties is no longer able to execute her half of the agreement, your Honor, we'd argue that the contract be voided, and what's more, Mason Burch just gave a ringing endorsement to the parenting capabilities of his sister-in-law.
Ms.
Hewitt still resides in Philadelphia? Yes, your Honor.
The obstetrician is in Philadelphia? Yes, your Honor.
And the lawyer who drew up the surrogacy agreement She practices in Philadelphia? Yes, your Honor, but the surrogacy contract was the culmination of a lengthy collaborative process that occurred in New York, where the Burches reside.
So, under that line of thinking, if they'd discussed the surrogacy agreement in Oslo, Norwegian law would apply? In 1992, New York's legislature declared surrogate parenting contracts void and unenforceable.
As a matter of All good points, except the interpretation of this contract is governed by Pennsylvania law.
If you have any qualms with the surrogacy agreement, you should refile there.
Your Honor, if you'd let us cite a similar case filed in this courtroom with a different outcome Counselor! We're done here.
What does this mean? It means Mason gets the baby unless we come up with a better plan.
He used the four corner rule to kick the contract back to a Pennsylvania court? Yeah.
His Honor colors between the lines, but Riv I sniffed around Emma's Florida affairs.
She met with a divorce attorney on Marco Island twice.
Eh, twice is more than a consult.
It's a plan.
Mason said in court that he and Emma were very much in love, so he's either lying or he didn't know that she wanted to divorce.
But Emma would have told Penelope.
Not if she wanted to protect her pregnant sister from that stress.
The Florida attorney did say he was waiting for further word from Emma - before taking any legal action.
- Which means, I assume, filing for divorce papers that he'd drawn up for Emma.
Yep.
We should pursue the divorce for her.
Speak up, please.
We should file to make Penelope Emma's guardian.
That way, Penelope can finish what Emma started, namely divorcing Mason.
A divorce will necessitate a custody agreement between the husband and wife.
Mason argued that he and Emma are the only ones entitled to custody, so, at the very least, partial custody is a slam dunk, and this will at least force Mason to live in this country.
I'll put together a subpoena for discovery related to communal and individual property.
Martina, when is the baby due? Three weeks.
We need to establish a legal foothold before Penelope has the baby.
Asking a court to remove a newborn from a home requires a much higher threshold of proof than getting a contract thrown out.
Understood.
Hey.
I went door-to-door and asked some questions.
Did you know the Clarksons made oral threats to dad about my tree? Verbal threats.
They said they were going to call a tree surgeon if it kept dropping apples on their driveway.
Who hates apples? That's not really a threat.
And they had motive.
Joseph and Robby hit their car with a soccer ball the day they moved in.
No windows were broken, no dents or anything, and she screamed at them.
Give it, give it to me! I'm on the phone! Deb Now, here it is, six months later, and they kill my tree.
Can you please try to remember that mom and dad have to live next door to the clarksons for years to come? Are you in or not? 'Cause I'm going to court.
Yeah, well, you don't have enough to get on Judge Judy, but I'll look into it as soon I can.
Hey, uh, who's the kids' guardian, I mean, if anything should ever happen to you and Bryan? Bonnie.
Oh, well, uh, not to make you feel guilty, but if I ever have kids and something happens to me, then I want you to be their guardian.
Come on, what are the chances of either of those things happening? Okay, I got to go.
The Hewitt sisters are loaded.
Hundreds of millions of dollars as far as I can tell.
How's the prenup? Us suing him for divorce is bound to make him nervous.
If Emma and Mason divorce before seven years of marriage, Mason only gets a small stipend.
How long they been married? Five years.
It's the same if she dies childless, but if they have a child together and Emma dies, Mason becomes the executor of the baby's trust.
This baby is his golden goose.
I wonder if there's a little piece of him that wishes Emma died in that accident.
Hmm.
Do you know if, uh, Cyndi's out to lunch or? No idea.
I'm trying to place a dog A foster dog.
He's a pit bull mix, he's terribly fetching.
Very impressive that you find time for volunteer work.
Well, I went to boarding schools and I was never allowed to have a pet, so I'm paying it forward.
That's admirable.
It is.
Hey, how's your little family law case going? I'm starting to think that it's more than just a family law case.
Nolan said investigators didn't find anything suspicious at the scene.
Investigators have been wrong before.
Wasn't the husband away from the house at the time? If the wife is a victim of a suspicious act in the home, you always look at the husband.
The cops ruled it an accident.
You're the only one who thinks it's suspicious.
For now.
Well, good luck with that.
Is Riley Prescott mean to everybody, or did I just get my very own work frenemy? She's just brutally honest.
Her dad's an ambassador and her mom runs silicon valley, so she never really had to be nice to anyone, I guess.
She takes some getting used to.
How much is some? I'm not sure yet, and I've worked for her for two years.
Here's the thing.
She gives sick Christmas gifts.
Ah.
Obviously I heart you more than Riley.
Good.
For Christmas I'm gonna get you a calculator.
- That's so sweet - Uh-huh.
That you even still think they make those.
Rogel is asking for a three-week continuance for a European vacation that he has planned.
He's trying to run out the clock until Penelope has the baby.
- What did Harrison say? - Well, he said no.
He knows that Mason will have a home field advantage once he has the baby.
Mr.
Adams? Uh, yes, your Honor, we would ask the court to consider our petition for guardianship over Emma Burch.
This is a surrogacy case! We argue in our petition that Emma Burch had intended to divorce the defendant.
What? We submitted a $20,000 retainer allocated to a divorce lawyer in Florida to prepare the filing.
We ask that our client be allowed to carry out her sister's wishes.
This is ridiculous! Let me read the petition, and we will reconvene tomorrow.
This is good.
I want what's best for this child.
You shouldn't be talking to me without your attorney.
If you continue with this absurd guardianship strategy, we will reveal what a train wreck Penelope would be as a parent.
She'd make an incredible mother.
She has an alcohol problem.
She quit drinking 12 years ago.
A testament to her strong character.
Once an addict, always an addict.
Last year, a romantic relationship ended that sent her to a therapist.
So? And back onto anti-depressants.
Oh, just try selling that in court.
I bet judge Harrison's on antidepressants.
She's almost 40.
She's 38.
She is thinking that this is her last chance to have a child, even if it isn't hers.
You have no idea what she's thinking.
She's a Hewitt! She's spoiled! Settlement discussions aren't admissible in court, so, right now, it's just you, me and this soda machine, and I think I could sell Penelope on a deal I've been kicking around.
Okay.
I'm listening.
As far as I can tell, divorce would be bad business for you.
You'd lose the house in France, the ski lodge, the brownstone.
I could go on.
I get your point.
I think I could get Penelope to give it all to you.
And you could live in France.
If you give her the baby.
No, thank you.
Nolan, he did the math.
He was seriously weighing my offer.
What parent considers selling their child? So, now we know.
Mason Burch has a price.
We can't let him get that baby.
You're a great lover of liberty? I'm distantly related.
To the bill of rights? No.
To John Adams.
He's my great great, great Well, there's-there's a lot of greats.
Shut the front door.
Okay, what is that in your hand? Not so fast, Nolan Adams, descendant of a forefather.
If you're going to get so embarrassed, why hang a framed copy of the bill of rights in your office? 'Cause it's cool? I'll buy that.
All right, focus, please.
Okay, so, Mason just creeped me out by the soda machine.
I think he's a guy with an agenda.
So I started looking at the days leading up to the accident.
- And? - I think I have proof that Mason knew Emma was planning to divorce him.
Okay, why is that? Emma purchased a last-minute one-way ticket to Marco island.
The next day, Mason sent a $1,000 floral arrangement from Ciara's Flowers to their house.
- One thousand bucks! - Hold on.
- That's the proof? - Nolan, I can't find one, not one other time in the past two years when he bought her flowers.
- Yeah, why is that significant? - 'Cause it wasn't romantic.
It was damage control.
Like when my dad empties the dishwasher.
And Mason said his marriage was perfect.
- This cuts him down at the knees.
- Well, we don't know that.
Emma went to Florida and put the divorce attorney on retainer.
Two weeks later, she came home, and the next day, she was nearly killed by accidental carbon monoxide poisoning.
Now you think he tried to kill her? I think we should be considering the possibility.
And we have a legal argument that he knew his wife wanted to divorce him based on the absence of past flower deliveries? And a lot of suspiciously coincidental events.
Okay.
I want to like it, I really do, but you're assuming that flowers were his attempt at reconciliation, so unless we know why he sent them Flowers have cards.
Hmm.
Well, then, you better get our client down here, because what you're talking about is an attempted murder, and that is a sea change in our approach.
Way ahead of you.
Penelope, it's Martina.
We need you to come downtown.
Oh, I can't.
Why not? I'm having a baby today.
Oh, wow.
Congratulations.
Mason just won home field advantage.
- Hey.
Mmm.
- Hey.
Mom said you had a big hearing today.
How'd it go? Okay.
Uh, my client went into labor, so it's all up in the air.
Babies don't wait for anyone.
I came over to hang your pot rack.
It'll take 20 minutes, tops.
It's pretty late for you, dad.
And there's no way you came over without another piece of furniture from my room.
What's wrong? Deb's tree wasn't sick.
And the neighbors didn't poison it.
I yanked it out.
The roots were making the deck's foundation buckle.
That deck is where I go after dinner to get some quiet.
Where I smoke my cigars.
I built that deck.
What does ma say? Ah, she was fine with it.
The kids were tracking apples all over your mother's new rug in the dining room.
And the yard looks good now.
I filled the hole, put in some sod.
I should have told Deb before I was going to do it.
It's the surprise that got her.
No, it wasn't the surprise.
Deb said that tree was planted during her finest years.
Her finest years? She was in diapers.
Yeah, but she was an only child.
She got all the attention.
That tree was all that was left of her Camelot.
I'm missing something.
A piece of furniture that keeps us from eating off the floor.
Hmm.
Look, we'll figure something out with the tree, okay? But whatever happens, we both know that you can't tell her that you pulled it out.
Hey.
Oh, I'm sorry.
I'm just worried about my client.
I'm a mess until I hear it went okay.
This is the surrogate lady? Who's she carrying the baby for? Her sister who's in a coma.
A carbon monoxide leak in the wine cellar.
Avoidable.
Some of these contractors worry more about the cosmetics than the safety.
It's a sin.
Well, what would you have done to prevent it? Block the roof vent for a few hours.
Then test the levels of carbon monoxide inside the cellar.
Simple.
Two years ago, the Burchs' home was Wall Street Journal's "New York House of the Day.
" I've lived in places smaller than their shed.
That's a vent jutting out of the roof, probably from the wine cellar.
All right, what am I looking for? You're looking for the possibility that a man tried to kill his wife.
A possibility? You're asking me to consider the possibility? Yes, that a man tried to kill his wife.
Mason jiggled the humidifier pipe in the cellar to create a small leak.
How do you know that? Well Riv talked to the repairman who came to the house after the accident.
He found the small leak, repaired it, and verified that the leak was the only source of carbon monoxide.
I'm positing that Mason created the leak himself.
A first year attorney who's positing a murder method.
And in the meantime, where are we on the custody issue of the child? That is the root of all of it Go go on.
After Mason created the leak, he went up on the roof to block the vent to trap the carbon monoxide down below.
All right, if there was something on the roof, wouldn't the investigators have found it? Yeah, well, police responded to a 911 call, but it wasn't a murder investigation.
And it's still not.
So, there was no reason for them to be on the roof.
Right.
Now, Mason knew that Emma would want her evening glass of French chablis, but according to the cook, he finished off a bottle the night before.
Mason knew she'd go down to the cellar for another one.
And he was golfing.
He had a solid alibi.
Why hadn't we entertained the possibility of this before? 'Cause in pursuing guardianship, we got the financials and the prenup.
Emma wanted out, and Mason had a financial incentive to stop her from divorcing him.
He stood to gain the most if she died.
I met Emma when she was a young woman.
She had a very kind way about her.
Very earnest.
Is Mason aware the baby's been born? I don't think so.
I told Penelope not to tell Mason.
All right, now we have a bit of time before he realizes we're on the defensive.
Nolan, you have to stall at the guardianship hearing without letting on where Penelope is.
It's only misfeasance if you lie to a direct question.
- Okay.
- I can try to take a look at the vent while Mason's in court.
Good.
Go.
Hey, Riv? I know the housekeeper.
Let me try.
I need you to work your magic at the flower shop.
We need to see if Mason knew Emma wanted a divorce.
Okay.
I'll see if I can get the message - off the card he sent her.
- Okay.
Buenos dÃas.
Buenos dÃas.
I'm, uh I'm not here to buy flowers.
Well, we sell cards, too.
I got a problem.
My little sister she's involved with a married man.
Maybe she loves him.
Good girls fall in love, too.
Now, look, I know this is a big favor to ask, but can I just take a look at the message that this creep sent her? I just want to see what kind of lies he's promising her.
How do I know that your sister isn't really your wife, and you're just trying to bust her for cheating? Because if I had a wife, she's never cheat on me.
- Okay.
- Thanks.
You just need The last three months.
Thank you.
- Oh.
- I mean it.
Here we go.
Here's a Burch.
Dedicated family man.
Bingo.
Oh, yes.
Way to go, Riv.
I can't let you in Mason's rules.
He's gonna take that baby to Europe, and you'll never see her again.
"Her"? Penelope had a healthy baby this morning, Lilla.
A little girl.
If Mason gets his way, you'll never see the baby in your sweater.
Please.
Let me help Penelope fight for what Emma wanted.
Mr.
Adams, you may begin.
Your Honor, guardianship is an intricate proposal.
It is fraught with implications for our society.
Emma asked Mason for a divorce the day before the accident, Lilla.
But he couldn't let that happen, 'cause he'd lose millions Millions of dollars.
That's why he won't give Penelope custody either.
He's not even in the hospital right now.
He's in court fighting for the money that comes with this baby girl.
But she's his baby, too, right? He has no intention of raising her.
He said he'll take her overseas, far away from Penelope and far away from you.
She'll be raised by nannies.
- What can I do? - Your chef said Mason went to his study when the ambulance left.
I need to see it.
Okay.
Clearly, as advocates of personal freedom, we don't want to emulate Plato by taking the concept of guardianship too far.
- No, censorship cannot - Objection.
Your Honor, how much of the court's time is Mr.
Adams going - to waste today? - I agree.
Mr.
Adams, this is the second time I have ordered you to get to the point.
You need to wrap up your argument in the next minute.
Your Honor, while we're at a stopping point, where is Mr.
Adams' client? Hmm? Is this issue so inconsequential to her that she couldn't even bother showing up? - Where's your client, Mr.
Adams? - Um she's um Your Honor, she is currently at St.
Lionel Hospital.
- Is she ill? - No, your Honor, she is not.
Then why is she there? She gave birth.
This morning.
I want to go see my child! Your Honor, I move this petition for guardianship be thrown out on the grounds that Ms.
Hewitt, through her own attorneys, has committed a fraud upon this court.
It's not our job t-to apprise counsel of our client's medical condition.
And upon being asked directly by the court, your Honor, we were forthcoming.
I do not appreciate you wasting the court's time.
We ask for an immediate recess so that my client can get his child as soon as possible.
Granted.
Mr.
Adams.
I'm not going to hold you in contempt.
This time.
Thank you, your Honor.
Don't worry.
My Uncle's a roofer.
Cindy, I got something.
Tell Donovan we need a search warrant for the Burches' home right away.
I got proof Mason Burch tried to kill his wife.
I'm supposed to Skype my 11-year-old grandson in five minutes.
This better be more pressing than your lecture on guardianship.
It is, your Honor.
We have reason to believe that Mason Burch tried to kill his wife.
We need a search warrant to preserve the evidentiary chain of custody.
So the surrogacy issue becomes a divorce and now you're saying it might be attempted murder? Yes, your Honor, but we don't have a lot of time.
He is a flight risk.
We have reason to believe that he could take his private plane, fly the baby to the couples home in France.
And if that happens our client has no recourse.
That's the one.
It's a match.
You were right.
Mr.
Burch? Can we talk to you? Oh, I was just coming to see you.
How's your case? I ended up getting the husband on attempted murder, so it all worked out.
Congratulations.
But then again, that's our job, right? Yeah, yeah.
Actually, Nolan was first chair on this, so the win would go in his column, don't you think? Oh, it's the client's win.
Of course.
Oh, Riley, uh, before I forget, they replaced the furniture after you moved out, so I'm afraid your list of passwords is floating in the ether.
Oh, damn it.
Now I've got to reset everything.
Hey, I had a lot of fun working with you.
I hope we get to do it again.
Yeah, me, too.
Oh, they, uh, pulled Mason's prints off the roof vent.
So he's sunk.
- Yep.
- Okay.
Nolan? I have a small confession to make.
I have a history with your famous relatives.
Really? I applied for an Adams scholarship in my senior year in high school.
I didn't get it.
Let the record reflect, I was robbed.
Okay, noted.
If it makes you feel any better, so was I.
And my dad, he blew through my entire inheritance, which is a pretty rigoorous endeavor, considering how much money there was.
Oh.
Well then, I guess we're even.
Yeah.
See you later.
Thank you so much, Martina.
You're so welcome.
Every case should end with a beautiful baby girl.
What are you going to name her? Catherine.
It's Emma's middle name.
Catherine.
This is a gift certificate for a tree to plant in your backyard.
I don't want a new tree.
I want my tree.
I know, but that ship has sailed.
This is called a settlement because both sides settle a little.
They should call it a compromise.
In this agreement, the Clarksons admit they poisoned the tree.
- I knew it! - But this is the important bit.
The terms of the agreement require you to never mention it to them.
Yeah, right.
They can't silence me.
I have rights.
Legal documents, Deb.
If you confront them, they can drag you - into court for breach of contract.
- Big deal.
If I breach, I breach.
Deb, they can put a lien on mom and dad's house.
You agreed to this? Hon, they bought you a new tree.
They admitted guilt.
They apologized.
And the Clarksons live next door to him, not you.
You asked me to get involved, so I got it done.
But this is a contract with legal consequences.
They want to move past this misunderstanding and be good neighbors.
What really happened? The roots were tearing up my deck.
I pulled it out.
I never knew how you felt about that tree, Deborah.
You'd never put mom and dad's house at risk of me keeping my mouth shut.
But thank you.
To go through all that, it's sweet.
I guess I'll keep this then.
Come on, girls.
Come outside.
I want to show you something.
Real soil.
Take a look.
What do you think? - It looks good, dad.
- Thanks So, I-I talked to Bryan.
You and Bonnie will both take care of the kids if anything happens to us.
Yes! I made varsity, dad.
You deserve it, kiddo.
Congratulations.
==Correction by dcdah==
It's summertime I'm gettin' so excited forget goodbyes forget good night, you can close your eyes but I won't let you out of my sight.
Hello Sunshine! - No, don't stop on my account.
- I I dropped something.
That's my floor.
I'm Nolan.
Nolan Adams.
I know who you are.
Third year, right? Yeah.
I watched you make Will Emerson cry on the stand.
Mm.
Telling the truth made him very sad.
Mm, the forged signature, to argue unjust enrichment, that was clever.
I'm Martina Garretti.
First year.
Well, you must be first year you're not mean yet.
Donovan Stark wants to see me.
Show-off.
Hi, Cyndi.
I I tried to stop her.
Excuse me? Before I left for London, I taped a cheat sheet with my network passwords here.
This used to be my office.
Well Now it's my office, and, uh, those are my files.
I started here a month ago.
I'm Martina.
Riley Prescott.
You know we have to share Cyndi.
I do.
By now you'd think they'd let me have my own assistant.
Martina, Donovan wants to see you.
I got it.
Martina Garretti.
We're about to expand your repertoire with a new civil case.
You two know each other? - We just met.
- Pretty well, yeah.
I've been getting Nolan up to speed on your new client, Penelope Hewitt.
Her family's been with the firm for 25 years, and I'd like to keep it that way.
Penelope's a surrogate who wants to keep the baby.
Well, sounds like a straightforward contracts case.
Except our client's a surrogate for her sister.
And her sister's in a coma.
That's all.
It's okay.
Do good work.
And how'd she end up in a coma? Uh, carbon monoxide leak in the wine cellar.
Conference room at 5:00.
Hey, I am still trying to put things back together in there.
And your mom called.
Ah, I need a separate line just for my family.
They do fill up your voice mail.
- I was joking.
- Do you know that your mother is the only Garretti that I Haven't met? That can't be true.
What, they've all been here? - I've only been here a month.
- Mm-hmm.
When do the cousins start calling? Martina Garretti's office.
Yes, she is, one moment please.
It's your sister.
Older one, you want me to transfer? Deb, I'm running into a meeting.
Joseph doesn't want cake tonight.
He says they're for babies.
Since when did truning ten mean you're too old fro cake.
I ordered cupcakes at the bakery, but I can't go pick them up.
- I'll do it for you.
- Thanks Peanut butter cupcakes.
Did you ever.
- I'll see you tonight.
- Don't be late.
If my sister could She would fight for my custody of this baby.
This surrogacy contract was between me and her.
- It was also with her husband.
- Barely.
Emma that's my sister wanted a child so much, but IVF didn't work.
It was Emma and I who came up with the idea for me to be the surrogate.
Mason, her husband, he just went along with it.
You know, "happy wife, happy life.
" - But his names on the contract.
- And that's our problem, not yours, Penelope.
So what now? Informed consent is one approach.
Or unconscionability.
- "What's that? - Unconscionability" means that in order to fight this contract, we have to establish what's different, now that Emma is incapacitated.
For starters, your sister, obviously, she won't be able to participate in Parenting.
Ever.
She'll never hold her baby.
I'm so sorry, Penelope.
Surrogacy cases are emotionally charged.
Judges are subconsciously more sympathetic to women who argue on behalf of the birth mother, so Martina Is going to do most of the questioning in court.
I have two sisters.
Already, the older one called with an assignment for tonight's family dinner.
It was seven weeks ago, but it feels like years since I've heard Emma's voice.
I miss her.
She'd started making this scrapbook for the baby.
I just keep looking at it.
Penelope, tell me about Emma's husband Mason.
Emma could have married anyone she wanted But Mason charmed her.
And he has adjusted to a life of leisure.
He's not a bad person - But he wouldn't make a good parent? - He's lined up around-the-clock nannies here and at their house in Paris.
That sounds responsible.
My sister's passport expired last year.
Paris was the last thing in her mind.
She never wanted him to take the baby away.
Mason can't give this baby the life that Emma dreamed of.
I can.
Then we have to make sure you do.
Finally, racing through the crowd, now step aside, and soon, like starlight turn the key no one's gonna break me there's so much more to see gonna try to take this town.
Made in Jersey 01x03 "Camelot" ==Correction by dcdah== Bye Penelope.
So, why don't we capitalize on the emotions of the case by claiming that Mason was staffing out the parenting.
Parenting that Penelope could do better.
We'll also need to chronicle the comatose sister's emotional intent.
I'll get the scrapbook Penelope said Emma made.
Okay, and you know, she's gonna have to remain flexible to alternative arrangements.
She says she's open to shared custody as long as Mason stays in New York.
Okay.
Oh, what about the actual contract? Uh, she presented the agreement to Mason and Emma in Philadelphia, and then they brought the agreement back here to New York to sign.
Legally, if half the parties agree to a contract in a state that doesn't recognize surrogacies, then the argument can be made that the contract is void.
But only if we can prove that Emma and Mason signed the contract in New York.
Right.
Hey.
- Happy Birthday! - Thanks.
Go blow these up.
Uncle Albert'll tie 'em for you.
I'm going to this thing tonight at Charlie's school for single parents.
Mm, like a mixer.
Thank God I kept my looks.
Good genes.
- Clean living.
- Hey.
I had half of one in the car.
They're not bad.
How's my baby big shot? They had pork chops on sale at Costco.
They're all ready Bryan's just running a little late.
I wouldn't hold up dinner for my husband; why should you? - How's the bachelorette pad? - I have a pot rack and no pots.
I have a silverware drawer and four forks.
But that's okay, - 'cause I have my own bathroom.
- I am jealous.
- I have never had one, ever.
- I just want my own sink.
Get a divorce; You'll get your own everything.
- She's got to get married first.
- Hey, leave me baby alone.
- Thanks, ma.
- I'm starving.
Hold on.
The apple tree's gone! Robby's jumping - in the hole! - What?! Whoo-hoo! Oh, my God, my tree! Dad, my tree! What happened? Sweetie, calm down.
Calm down? Robby, don't drop in that hole, honey.
- No, no, no, no, no.
- Yes, just calm down.
Honey, no one is dead or hurt.
My tree is dead, mom.
It's gone.
It got apple crab.
It would've torn up the lawn and ruined the other trees I had to cut it down.
Why didn't you tell me? Because he knew you'd freak out.
- Thank you.
- Albert! It was poisoned.
The Clarksons have been complaining about it since the day they moved in.
They poisoned it.
- I know it.
- What? I no! - Deb, you got to calm down.
- They killed my tree.
Why is it her tree, Aunt Bonnie? Because your grandma and grandpa planted it the week that your mother was born.
They can't get away with it, right? I can sue 'em.
Can't I? I'll look into it.
She's looking into it.
You're running with the thoroughbreds now, Garretti.
Yeah, but I'm still the same old workhorse.
Eh, second chair to Nolan Adams is My grandpa used to say that people with that kind of money use dimes as screwdrivers.
- What's your take on Nolan? - I got nothing against him, but, hey, I'm just the firm's investigator, I don't go to parties with Mayflower types.
Well, he asked for you on this case.
Well, then he's rich and smart.
You know, I don't think I've ever been to a house like this Unless you count trick-or-treating in Montclair.
Penelope is waiting for you in Emma's room.
Thank you Lilla, right? I keep house for Mr.
and, uh, Mrs.
Burch.
Penelope says you've helped her so much.
Oh, I wish I could do more.
Do you mind if I, uh, just? - Oh, no, go ahead.
- Thank you.
Knitting something for the baby? Mm-hmm.
It's a cardigan.
It's almost done.
You and Emma were close? I think I miss her almost as much as Penelope does.
- Almost.
- Lilla, did you ever hear Emma and Mason - discussing the surrogacy contract? - Oh I wish I had, but no, I didn't.
Hello.
Emma Martina's here.
She's ready for her photographs.
This could be really important for your case, Penelope.
Is it awkward to come to your brother-in-law's house when you're suing him? On the issue of Emma's care, Mason and I have no argument.
This is the best place for her.
She has around-the-clock medical attention, very nice nurses.
But, uh, do you have to ask his permission to come and see her? Out of courtesy, I let him know when I'm coming over.
Could, uh, you talk to my family about boundaries? That's the day we promised each other we were gonna have this baby.
Where is that? Here, in the wine cellar.
So the genesis of the agreement was in New York? Yeah.
Good, can use that.
That was last winter at her house on Marco Island in Florida.
She's so pretty, Penelope.
I think so, too.
She had just gotten back from a couple of weeks on the island when the accident happened.
The first few days in the hospital, she still had a tan.
What was it like with Emma before the accident? When Penelope was here, Emma almost always let me go early.
Those sisters liked to cook together.
How often was that? I don't know, um, twice a week.
They always had fun.
Emma could hardly wait for that baby to be born.
What about Mason? He ever talk about the baby? Not to me.
Penelope, what's going on? Oh, hello Mason.
I'll wait outside.
Mason Burch, Emma's husband.
Martina Garretti, Stark & Rowan.
Oh.
Penelope didn't tell me that she was bringing her lawyer into the house, so Oh, I've just finished.
I'm so sorry about what your family's going through, Mr.
Burch.
You know it's not healthy for Penelope or the baby to be under stress.
We agree.
This seems like a situation that we can resolve amicably.
She's open to something with shared custody.
Well, why would I share custody when she's not the parent? I am.
Can I, uh, can I ask you about the accident? Yeah.
Where was Mason? Playing golf.
Emma was digging out from a few weeks of solo vacationing in Florida.
She wanted to cook dnener; I got the day off.
Not much of a day off if you're here, right? I'm responsible for all the food in the house Planning, shopping, and cooking.
I realized that afternoon there probably wasn't enough food in the fridge for Emma to make dinner, so I ran by the market and dropped by.
Okay.
There was water boiling on the stove, so I knew someone was home.
The door to the wine cellar was open.
- This one? - Yeah.
Which was weird because there are Bordeaux down there older than me and Mason is a nut about temperature control and all of that.
I found Emma in there.
She was unconscious, huh? I called 911 and I called Mason.
I didn't know it was carbon monoxide.
The EMT told me, if the cellar door had closed behind her, she would have been dead.
Hmm.
Cozy as a meat locker in there.
Did you see Mason with his wife? No.
But I see he's ready for carpool.
When I was in the room, he didn't touch Emma.
He didn't even look at her.
From what the cook said, the sisters spent more time together than Emma and Mason did.
Maybe the honeymoon ended a while ago.
Why do you say that? Well, before the accident, Emma was in Florida for two weeks.
She comes home, spends her first night back at her sister's house, then, the next morning, Mason leaves early for the rest of the day.
I mean, who does that? People who don't have much to say to each other.
Maybe the marriage hit a rough patch, but they didn't want to let Penelope know 'cause they didn't want to upset her.
Could be.
What else did the cook say? The EMT guys were in and out in five minutes, and just as the ambulance was pulling away with Emma, Mason arrives.
He's a wreck; emotionally, he's all over the place.
He comes right from the golf course, doesn't even take off his spikes.
Then he goes up to his study, leaves for the hospital about a half an hour later.
What was he doing up there? I'm here.
Let's begin the contract hearings.
Counselors.
Your Honor, as argued in our petition, our client, Penelope Hewitt, thought she was entering into an agreement with a happily married couple who would raise this child together.
If Emma Burch could speak, she would say it was never her intention to have her husband raise this child alone.
Emma and I were happy.
We loved each other and we were looking forward to raising our child together.
Mr.
Burch, please sit down.
Your Honor, we would ask that the court inquire as to who the Burches designated as the child's guardian.
We designated her sister Penelope.
Because you thought she'd be a fit parent for your child? In the unlikely event that the child lost both of its real parents.
Because one of the parties is no longer able to execute her half of the agreement, your Honor, we'd argue that the contract be voided, and what's more, Mason Burch just gave a ringing endorsement to the parenting capabilities of his sister-in-law.
Ms.
Hewitt still resides in Philadelphia? Yes, your Honor.
The obstetrician is in Philadelphia? Yes, your Honor.
And the lawyer who drew up the surrogacy agreement She practices in Philadelphia? Yes, your Honor, but the surrogacy contract was the culmination of a lengthy collaborative process that occurred in New York, where the Burches reside.
So, under that line of thinking, if they'd discussed the surrogacy agreement in Oslo, Norwegian law would apply? In 1992, New York's legislature declared surrogate parenting contracts void and unenforceable.
As a matter of All good points, except the interpretation of this contract is governed by Pennsylvania law.
If you have any qualms with the surrogacy agreement, you should refile there.
Your Honor, if you'd let us cite a similar case filed in this courtroom with a different outcome Counselor! We're done here.
What does this mean? It means Mason gets the baby unless we come up with a better plan.
He used the four corner rule to kick the contract back to a Pennsylvania court? Yeah.
His Honor colors between the lines, but Riv I sniffed around Emma's Florida affairs.
She met with a divorce attorney on Marco Island twice.
Eh, twice is more than a consult.
It's a plan.
Mason said in court that he and Emma were very much in love, so he's either lying or he didn't know that she wanted to divorce.
But Emma would have told Penelope.
Not if she wanted to protect her pregnant sister from that stress.
The Florida attorney did say he was waiting for further word from Emma - before taking any legal action.
- Which means, I assume, filing for divorce papers that he'd drawn up for Emma.
Yep.
We should pursue the divorce for her.
Speak up, please.
We should file to make Penelope Emma's guardian.
That way, Penelope can finish what Emma started, namely divorcing Mason.
A divorce will necessitate a custody agreement between the husband and wife.
Mason argued that he and Emma are the only ones entitled to custody, so, at the very least, partial custody is a slam dunk, and this will at least force Mason to live in this country.
I'll put together a subpoena for discovery related to communal and individual property.
Martina, when is the baby due? Three weeks.
We need to establish a legal foothold before Penelope has the baby.
Asking a court to remove a newborn from a home requires a much higher threshold of proof than getting a contract thrown out.
Understood.
Hey.
I went door-to-door and asked some questions.
Did you know the Clarksons made oral threats to dad about my tree? Verbal threats.
They said they were going to call a tree surgeon if it kept dropping apples on their driveway.
Who hates apples? That's not really a threat.
And they had motive.
Joseph and Robby hit their car with a soccer ball the day they moved in.
No windows were broken, no dents or anything, and she screamed at them.
Give it, give it to me! I'm on the phone! Deb Now, here it is, six months later, and they kill my tree.
Can you please try to remember that mom and dad have to live next door to the clarksons for years to come? Are you in or not? 'Cause I'm going to court.
Yeah, well, you don't have enough to get on Judge Judy, but I'll look into it as soon I can.
Hey, uh, who's the kids' guardian, I mean, if anything should ever happen to you and Bryan? Bonnie.
Oh, well, uh, not to make you feel guilty, but if I ever have kids and something happens to me, then I want you to be their guardian.
Come on, what are the chances of either of those things happening? Okay, I got to go.
The Hewitt sisters are loaded.
Hundreds of millions of dollars as far as I can tell.
How's the prenup? Us suing him for divorce is bound to make him nervous.
If Emma and Mason divorce before seven years of marriage, Mason only gets a small stipend.
How long they been married? Five years.
It's the same if she dies childless, but if they have a child together and Emma dies, Mason becomes the executor of the baby's trust.
This baby is his golden goose.
I wonder if there's a little piece of him that wishes Emma died in that accident.
Hmm.
Do you know if, uh, Cyndi's out to lunch or? No idea.
I'm trying to place a dog A foster dog.
He's a pit bull mix, he's terribly fetching.
Very impressive that you find time for volunteer work.
Well, I went to boarding schools and I was never allowed to have a pet, so I'm paying it forward.
That's admirable.
It is.
Hey, how's your little family law case going? I'm starting to think that it's more than just a family law case.
Nolan said investigators didn't find anything suspicious at the scene.
Investigators have been wrong before.
Wasn't the husband away from the house at the time? If the wife is a victim of a suspicious act in the home, you always look at the husband.
The cops ruled it an accident.
You're the only one who thinks it's suspicious.
For now.
Well, good luck with that.
Is Riley Prescott mean to everybody, or did I just get my very own work frenemy? She's just brutally honest.
Her dad's an ambassador and her mom runs silicon valley, so she never really had to be nice to anyone, I guess.
She takes some getting used to.
How much is some? I'm not sure yet, and I've worked for her for two years.
Here's the thing.
She gives sick Christmas gifts.
Ah.
Obviously I heart you more than Riley.
Good.
For Christmas I'm gonna get you a calculator.
- That's so sweet - Uh-huh.
That you even still think they make those.
Rogel is asking for a three-week continuance for a European vacation that he has planned.
He's trying to run out the clock until Penelope has the baby.
- What did Harrison say? - Well, he said no.
He knows that Mason will have a home field advantage once he has the baby.
Mr.
Adams? Uh, yes, your Honor, we would ask the court to consider our petition for guardianship over Emma Burch.
This is a surrogacy case! We argue in our petition that Emma Burch had intended to divorce the defendant.
What? We submitted a $20,000 retainer allocated to a divorce lawyer in Florida to prepare the filing.
We ask that our client be allowed to carry out her sister's wishes.
This is ridiculous! Let me read the petition, and we will reconvene tomorrow.
This is good.
I want what's best for this child.
You shouldn't be talking to me without your attorney.
If you continue with this absurd guardianship strategy, we will reveal what a train wreck Penelope would be as a parent.
She'd make an incredible mother.
She has an alcohol problem.
She quit drinking 12 years ago.
A testament to her strong character.
Once an addict, always an addict.
Last year, a romantic relationship ended that sent her to a therapist.
So? And back onto anti-depressants.
Oh, just try selling that in court.
I bet judge Harrison's on antidepressants.
She's almost 40.
She's 38.
She is thinking that this is her last chance to have a child, even if it isn't hers.
You have no idea what she's thinking.
She's a Hewitt! She's spoiled! Settlement discussions aren't admissible in court, so, right now, it's just you, me and this soda machine, and I think I could sell Penelope on a deal I've been kicking around.
Okay.
I'm listening.
As far as I can tell, divorce would be bad business for you.
You'd lose the house in France, the ski lodge, the brownstone.
I could go on.
I get your point.
I think I could get Penelope to give it all to you.
And you could live in France.
If you give her the baby.
No, thank you.
Nolan, he did the math.
He was seriously weighing my offer.
What parent considers selling their child? So, now we know.
Mason Burch has a price.
We can't let him get that baby.
You're a great lover of liberty? I'm distantly related.
To the bill of rights? No.
To John Adams.
He's my great great, great Well, there's-there's a lot of greats.
Shut the front door.
Okay, what is that in your hand? Not so fast, Nolan Adams, descendant of a forefather.
If you're going to get so embarrassed, why hang a framed copy of the bill of rights in your office? 'Cause it's cool? I'll buy that.
All right, focus, please.
Okay, so, Mason just creeped me out by the soda machine.
I think he's a guy with an agenda.
So I started looking at the days leading up to the accident.
- And? - I think I have proof that Mason knew Emma was planning to divorce him.
Okay, why is that? Emma purchased a last-minute one-way ticket to Marco island.
The next day, Mason sent a $1,000 floral arrangement from Ciara's Flowers to their house.
- One thousand bucks! - Hold on.
- That's the proof? - Nolan, I can't find one, not one other time in the past two years when he bought her flowers.
- Yeah, why is that significant? - 'Cause it wasn't romantic.
It was damage control.
Like when my dad empties the dishwasher.
And Mason said his marriage was perfect.
- This cuts him down at the knees.
- Well, we don't know that.
Emma went to Florida and put the divorce attorney on retainer.
Two weeks later, she came home, and the next day, she was nearly killed by accidental carbon monoxide poisoning.
Now you think he tried to kill her? I think we should be considering the possibility.
And we have a legal argument that he knew his wife wanted to divorce him based on the absence of past flower deliveries? And a lot of suspiciously coincidental events.
Okay.
I want to like it, I really do, but you're assuming that flowers were his attempt at reconciliation, so unless we know why he sent them Flowers have cards.
Hmm.
Well, then, you better get our client down here, because what you're talking about is an attempted murder, and that is a sea change in our approach.
Way ahead of you.
Penelope, it's Martina.
We need you to come downtown.
Oh, I can't.
Why not? I'm having a baby today.
Oh, wow.
Congratulations.
Mason just won home field advantage.
- Hey.
Mmm.
- Hey.
Mom said you had a big hearing today.
How'd it go? Okay.
Uh, my client went into labor, so it's all up in the air.
Babies don't wait for anyone.
I came over to hang your pot rack.
It'll take 20 minutes, tops.
It's pretty late for you, dad.
And there's no way you came over without another piece of furniture from my room.
What's wrong? Deb's tree wasn't sick.
And the neighbors didn't poison it.
I yanked it out.
The roots were making the deck's foundation buckle.
That deck is where I go after dinner to get some quiet.
Where I smoke my cigars.
I built that deck.
What does ma say? Ah, she was fine with it.
The kids were tracking apples all over your mother's new rug in the dining room.
And the yard looks good now.
I filled the hole, put in some sod.
I should have told Deb before I was going to do it.
It's the surprise that got her.
No, it wasn't the surprise.
Deb said that tree was planted during her finest years.
Her finest years? She was in diapers.
Yeah, but she was an only child.
She got all the attention.
That tree was all that was left of her Camelot.
I'm missing something.
A piece of furniture that keeps us from eating off the floor.
Hmm.
Look, we'll figure something out with the tree, okay? But whatever happens, we both know that you can't tell her that you pulled it out.
Hey.
Oh, I'm sorry.
I'm just worried about my client.
I'm a mess until I hear it went okay.
This is the surrogate lady? Who's she carrying the baby for? Her sister who's in a coma.
A carbon monoxide leak in the wine cellar.
Avoidable.
Some of these contractors worry more about the cosmetics than the safety.
It's a sin.
Well, what would you have done to prevent it? Block the roof vent for a few hours.
Then test the levels of carbon monoxide inside the cellar.
Simple.
Two years ago, the Burchs' home was Wall Street Journal's "New York House of the Day.
" I've lived in places smaller than their shed.
That's a vent jutting out of the roof, probably from the wine cellar.
All right, what am I looking for? You're looking for the possibility that a man tried to kill his wife.
A possibility? You're asking me to consider the possibility? Yes, that a man tried to kill his wife.
Mason jiggled the humidifier pipe in the cellar to create a small leak.
How do you know that? Well Riv talked to the repairman who came to the house after the accident.
He found the small leak, repaired it, and verified that the leak was the only source of carbon monoxide.
I'm positing that Mason created the leak himself.
A first year attorney who's positing a murder method.
And in the meantime, where are we on the custody issue of the child? That is the root of all of it Go go on.
After Mason created the leak, he went up on the roof to block the vent to trap the carbon monoxide down below.
All right, if there was something on the roof, wouldn't the investigators have found it? Yeah, well, police responded to a 911 call, but it wasn't a murder investigation.
And it's still not.
So, there was no reason for them to be on the roof.
Right.
Now, Mason knew that Emma would want her evening glass of French chablis, but according to the cook, he finished off a bottle the night before.
Mason knew she'd go down to the cellar for another one.
And he was golfing.
He had a solid alibi.
Why hadn't we entertained the possibility of this before? 'Cause in pursuing guardianship, we got the financials and the prenup.
Emma wanted out, and Mason had a financial incentive to stop her from divorcing him.
He stood to gain the most if she died.
I met Emma when she was a young woman.
She had a very kind way about her.
Very earnest.
Is Mason aware the baby's been born? I don't think so.
I told Penelope not to tell Mason.
All right, now we have a bit of time before he realizes we're on the defensive.
Nolan, you have to stall at the guardianship hearing without letting on where Penelope is.
It's only misfeasance if you lie to a direct question.
- Okay.
- I can try to take a look at the vent while Mason's in court.
Good.
Go.
Hey, Riv? I know the housekeeper.
Let me try.
I need you to work your magic at the flower shop.
We need to see if Mason knew Emma wanted a divorce.
Okay.
I'll see if I can get the message - off the card he sent her.
- Okay.
Buenos dÃas.
Buenos dÃas.
I'm, uh I'm not here to buy flowers.
Well, we sell cards, too.
I got a problem.
My little sister she's involved with a married man.
Maybe she loves him.
Good girls fall in love, too.
Now, look, I know this is a big favor to ask, but can I just take a look at the message that this creep sent her? I just want to see what kind of lies he's promising her.
How do I know that your sister isn't really your wife, and you're just trying to bust her for cheating? Because if I had a wife, she's never cheat on me.
- Okay.
- Thanks.
You just need The last three months.
Thank you.
- Oh.
- I mean it.
Here we go.
Here's a Burch.
Dedicated family man.
Bingo.
Oh, yes.
Way to go, Riv.
I can't let you in Mason's rules.
He's gonna take that baby to Europe, and you'll never see her again.
"Her"? Penelope had a healthy baby this morning, Lilla.
A little girl.
If Mason gets his way, you'll never see the baby in your sweater.
Please.
Let me help Penelope fight for what Emma wanted.
Mr.
Adams, you may begin.
Your Honor, guardianship is an intricate proposal.
It is fraught with implications for our society.
Emma asked Mason for a divorce the day before the accident, Lilla.
But he couldn't let that happen, 'cause he'd lose millions Millions of dollars.
That's why he won't give Penelope custody either.
He's not even in the hospital right now.
He's in court fighting for the money that comes with this baby girl.
But she's his baby, too, right? He has no intention of raising her.
He said he'll take her overseas, far away from Penelope and far away from you.
She'll be raised by nannies.
- What can I do? - Your chef said Mason went to his study when the ambulance left.
I need to see it.
Okay.
Clearly, as advocates of personal freedom, we don't want to emulate Plato by taking the concept of guardianship too far.
- No, censorship cannot - Objection.
Your Honor, how much of the court's time is Mr.
Adams going - to waste today? - I agree.
Mr.
Adams, this is the second time I have ordered you to get to the point.
You need to wrap up your argument in the next minute.
Your Honor, while we're at a stopping point, where is Mr.
Adams' client? Hmm? Is this issue so inconsequential to her that she couldn't even bother showing up? - Where's your client, Mr.
Adams? - Um she's um Your Honor, she is currently at St.
Lionel Hospital.
- Is she ill? - No, your Honor, she is not.
Then why is she there? She gave birth.
This morning.
I want to go see my child! Your Honor, I move this petition for guardianship be thrown out on the grounds that Ms.
Hewitt, through her own attorneys, has committed a fraud upon this court.
It's not our job t-to apprise counsel of our client's medical condition.
And upon being asked directly by the court, your Honor, we were forthcoming.
I do not appreciate you wasting the court's time.
We ask for an immediate recess so that my client can get his child as soon as possible.
Granted.
Mr.
Adams.
I'm not going to hold you in contempt.
This time.
Thank you, your Honor.
Don't worry.
My Uncle's a roofer.
Cindy, I got something.
Tell Donovan we need a search warrant for the Burches' home right away.
I got proof Mason Burch tried to kill his wife.
I'm supposed to Skype my 11-year-old grandson in five minutes.
This better be more pressing than your lecture on guardianship.
It is, your Honor.
We have reason to believe that Mason Burch tried to kill his wife.
We need a search warrant to preserve the evidentiary chain of custody.
So the surrogacy issue becomes a divorce and now you're saying it might be attempted murder? Yes, your Honor, but we don't have a lot of time.
He is a flight risk.
We have reason to believe that he could take his private plane, fly the baby to the couples home in France.
And if that happens our client has no recourse.
That's the one.
It's a match.
You were right.
Mr.
Burch? Can we talk to you? Oh, I was just coming to see you.
How's your case? I ended up getting the husband on attempted murder, so it all worked out.
Congratulations.
But then again, that's our job, right? Yeah, yeah.
Actually, Nolan was first chair on this, so the win would go in his column, don't you think? Oh, it's the client's win.
Of course.
Oh, Riley, uh, before I forget, they replaced the furniture after you moved out, so I'm afraid your list of passwords is floating in the ether.
Oh, damn it.
Now I've got to reset everything.
Hey, I had a lot of fun working with you.
I hope we get to do it again.
Yeah, me, too.
Oh, they, uh, pulled Mason's prints off the roof vent.
So he's sunk.
- Yep.
- Okay.
Nolan? I have a small confession to make.
I have a history with your famous relatives.
Really? I applied for an Adams scholarship in my senior year in high school.
I didn't get it.
Let the record reflect, I was robbed.
Okay, noted.
If it makes you feel any better, so was I.
And my dad, he blew through my entire inheritance, which is a pretty rigoorous endeavor, considering how much money there was.
Oh.
Well then, I guess we're even.
Yeah.
See you later.
Thank you so much, Martina.
You're so welcome.
Every case should end with a beautiful baby girl.
What are you going to name her? Catherine.
It's Emma's middle name.
Catherine.
This is a gift certificate for a tree to plant in your backyard.
I don't want a new tree.
I want my tree.
I know, but that ship has sailed.
This is called a settlement because both sides settle a little.
They should call it a compromise.
In this agreement, the Clarksons admit they poisoned the tree.
- I knew it! - But this is the important bit.
The terms of the agreement require you to never mention it to them.
Yeah, right.
They can't silence me.
I have rights.
Legal documents, Deb.
If you confront them, they can drag you - into court for breach of contract.
- Big deal.
If I breach, I breach.
Deb, they can put a lien on mom and dad's house.
You agreed to this? Hon, they bought you a new tree.
They admitted guilt.
They apologized.
And the Clarksons live next door to him, not you.
You asked me to get involved, so I got it done.
But this is a contract with legal consequences.
They want to move past this misunderstanding and be good neighbors.
What really happened? The roots were tearing up my deck.
I pulled it out.
I never knew how you felt about that tree, Deborah.
You'd never put mom and dad's house at risk of me keeping my mouth shut.
But thank you.
To go through all that, it's sweet.
I guess I'll keep this then.
Come on, girls.
Come outside.
I want to show you something.
Real soil.
Take a look.
What do you think? - It looks good, dad.
- Thanks So, I-I talked to Bryan.
You and Bonnie will both take care of the kids if anything happens to us.
Yes! I made varsity, dad.
You deserve it, kiddo.
Congratulations.
==Correction by dcdah==