Outlaw s01e03 Episode Script
In Re: Jessica Davis
Ah! Didn't I tell you we had a situation? What the hell? I said no ducking appointments.
You said you'd take it seriously.
You're a bookie, not a burglar.
- Is any of this ringing a bell? - How'd you get in here? Look at you Reserving a suite at the valerian at the same time you're shining me on.
Man's got stones, tiny, I'll give him that.
All right, doc, you said I had three months.
Sure, if you were covering the vig.
But now we're at three bills.
Another week it's $350,000.
That is not an acceptable situation.
You're making it sound like you're gonna fit me with cement shoes.
Good.
Then I'm doing my job.
You got 24 hours.
Sleep tight.
How about this for our next case? A woman in Baltimore forgot her baby in a minivan for six hours and You know, I'm sorry.
You forget your keys, not your kid.
Baltimore D.
A.
's charging her with murder.
Yeah, because she let her 11-month-old broil to death in the back seat.
This is unbelievable.
I knew you'd think so.
Ray Lewis tore his meniscus getting out of the bathtub.
No way.
They think he's gonna be out the whole season.
I'm sorry.
Excuse me.
But what is with men and sports? Did you hear anything that I just said? Not really, but, uh, you can tell me all again when I get back.
Get back? Where are you going? That's why you pulled me out of a depo, to ask for $200,000 in cash? It's an advance to cover my expenses.
What expenses? Your team? You pay them in cash? They're lawyers, not drug mules.
It's not for my team.
I, uh I have a personal issue, and I need you to respect that.
If you can't, uh, I'm more than happy to beg.
As I recall, you like it when I do that.
Look, there's something I've been meaning to tell you.
Me too.
Uh, I reserved our suite.
- 305, same as always.
- Yeah, about that.
Glen Asked me to marry him.
You happy? - Yes, I am.
- Good.
So am I If you give me the advance.
Come on You can't break a guy's heart twice in the same conversation.
Just tell me this is not going to get me into trouble.
This is not going to get me into trouble.
That a yes? That was a yes, right? Yes.
Yes.
Did you see the paper today? What, Ray Lewis going down in his tub? You kidding me? I'm all over that.
Seriously, it's like a disease.
She's talking about Jessica Davis woman from Baltimore who forgot about her kid in the car.
She's been charged with murder.
You know why? Yeah, because her kid died.
Because her kid died in Baltimore.
When the same thing happened last week in Phoenix, the D.
A.
there called it a tragic accident and declined to prosecute.
Every year dozens of kids die because their parents forget about them in the car.
Now, these are good, loving parents.
But half the time, the parents are charged with murder.
The other half, nothing.
So what equal protection? We are drafting a motion to dismiss.
Big picture here, Al.
It's not about the mom.
It's about the law.
Got a meeting in three hours with the Baltimore D.
A.
To point that out.
Well, I got an arraignment in three hours old client, pot bust.
What? I was editor of the law review, not not associate editor, not articles editor, editor editor and now I'm repping a transsexual pothead.
Yeah, kind of brings you back, doesn't it? Androgynous showgirl takes you under her wing, helps you realize your dreams of becoming a teen idol? Hey, give me some credit.
This is not a secret that's easy to keep.
- What isn't? - Okay.
Okay, okay, okay.
- Come on, come on.
- What? Nothing.
Come on, tell her.
It's funny.
Okay, you have to tell me now.
Fine.
Um, I was he was in a boy band.
So much for not telling anybody.
What, you were gonna tell her you were a football star? Are you serious? Yeah, Harvard had, like, eight minutes of actual fame.
Opened for Boy George in Waukegan, he's almost on the today show and, I kid you not Soul train.
- You're like a stalker.
- Oh, don't flatter yourself.
I look up stuff like this when I am completely blitzed.
Oh, my God! Look at the hair.
How about we don't? - How about we do? - Are you kidding? This is, like, the greatest thing ever.
You were so cute.
They were called "in heat.
" This is great, Garza- what you're saying here Is you left the court to defend baby killers.
No, what we're saying is if Jessica Davis forgot her child in about 100 different places, she wouldn't have been charged.
That's not my problem.
Actually, it is.
There's no uniformity in how these cases are charged, counselor.
That's an equal protection violation.
Whoa.
Garza, if you guys think you're getting this case kicked on a technicality, you're more delusional than people say you are.
Is that what the constitution is to you a technicality? It is if you're using it to free murderers.
Murderer? Where's the intent? - Cyrus.
- At worst, what she did was reckless.
But since you're really not interested in what she did, let's talk about who she is a mom.
You really want to go after someone that stricken with grief? What? Have you met your client? No, not yet.
Yeah, I didn't think so.
My baby died.
Yes, and and we're very sorry for your loss.
But if you could take us back I forgot her in the car.
Why don't we start from the beginning? I'm the one who usually took Elissa to day care.
But that morning, uh, I got a call to go in for a temp job, so So he put Elissa in my car, and I just drove to work.
And Russell called me while I was driving.
We talked for a few minutes.
We thought his job was gonna last a month or so, but it only ended up being two days, so that was a drag.
And then when I got to work, there was One poppy-seed bagel left in the kitchen.
They're usually the first to go, you know.
So That was a nice surprise.
I know she seems cold, but, please, that's not who she is.
I know the woman I married.
She's a good person, and she would never have hurt our child, never.
She was a good mother is.
I just Sir, I I just uh, I want her back You know.
So please help us.
I believe you, Mr.
Davis.
Thank you.
"Seems cold"? The lady's an iceberg.
Yeah, but is she a killer? A jury's gonna think so.
Then we'd better win this thing before it goes to trial.
Did I miss any? Um, Cleveland and Austin a mom and a dad, neither was prosecuted.
How about what charges were filed? Let me see Miami and Minnesota.
There's no way that this many parents wanted to kill their babies, right? Uh, I have to take this.
You see about Ray Lewis? Yeah.
That's why I don't bathe.
So? So, without him, the bears cover.
And this interests you because? I got $200,000 to lay off.
Bears win, I get $400,000, you get paid.
And if the ravens win? Then, uh, tiny knows where to find me.
Hi, Congressman.
You do know that if you use the $200,000 against what you owe, I could maybe buy you some time on the rest.
Yeah.
Yeah, yeah, yeah, yeah, yeah.
Come on, doc, one bet, double or nothing.
You are a sick, sick man.
And that is what I dig about you.
Ray Lewis come on, Ray.
I got the Howard County D.
A.
on the record? Sworn statement that she would not have filed charges against Jessica.
You are my hero.
Like I didn't already know that.
You must be Desdemona.
That's right.
Who are you? Uh, I'm Eddie Franks, I work with Al.
He's not coming? No, Al couldn't make it, so he sent me.
I'm Lucinda pearl.
Don't mind him.
He's got some gender-identity issues of his own.
Why don't you tell us what happened? I was sitting in a parked car with a friend.
He was kissing me good night when a cop came and rapped on the window and told me to get out.
So you got out of the car.
And he patted me down and found weed in my pocket.
Okay, but you and your f- f- friend were not, uh, actually smoking weed in the car, right? No, Bobby doesn't like weed.
- Bobby.
- Can we talk to Bobby? I've been trying to call, but his number's no good.
You guys got to understand, he's got a family.
Look, if the cop didn't have probable cause to search you, we should be able to suppress the drugs and get the charge dismissed.
We? You know she's not contagious, right? What about my bail? - What about it? - Al always posts bail for me.
He knows a woman like me can't spend one hour in men's lockup.
You're gonna post for me, right? I'm not paying his bail.
Her bail.
And why not? How about because I don't have five grand sitting around? I know how much you make, and, yes, you do have five grand.
Okay, fine.
Maybe I do, but I'm not spending it on him.
- Her.
- Whatever.
I'm not spending it.
Oh, come on, she's just like your bass player when they taped that behind the music episode that almost aired.
My bass player came on to me, which is why the band broke up.
Hey, just because you being in the closet kept in heat from greatness is no reason why it should keep Desdemona behind bars.
Desdemo I've seen the briefs.
They were not, uh Oh, what's the word I'm looking for? Scintillating.
Equal protection Well, that is creative lawyering, Mr.
Garza, but I must admit, it didn't wow me.
Well, we all know I live to wow you, your honor.
Excuse me? With all due respect, you know my record.
I could be standing in a lot of courtrooms right now, but I'm not.
I'm standing here, because the constitution is being trampled.
- Is that right? - It is right.
Equal protection is the foundation of our system.
It is the bedrock of justice, and this is not justice.
Your honor, each one of these pins is a case a parent who forgot.
Hundreds of cases in the last few years, some of whom were charged with murder.
Others were simply sent home seen as the victims of a tragic accident.
Prosecutors have the discretion to decide when to file charges, your honor.
Yes, in most cases, yes, but this is different.
Why? Because the facts are so similar, your honor good parents, forgetting a child in a car seat.
It happens.
And as a country, we should be treating the same act in the same way.
That's ridiculous.
No act is exactly the same, your honor.
One goes for murder.
The other one goes home.
That's wrong.
It's more than wrong.
It's unequal treatment under the law.
What would you have us do, Mr.
Garza send everyone home? - A child was killed.
- In an accident, your honor A horrible accident.
He says it's an accident.
I say it's a reckless disregard for human life.
Your honor, this death occurred 31 yards from the Howard County line.
Your honor, this morning I met with the Howard County D.
A.
- I object to this.
- We have a sworn statement.
In the statement, she swears under oath that if this death had occurred in her county, our client would not have been charged with a crime.
Objection.
31 yards, your honor- scintillating enough for you? All right, that's enough.
Sit down.
You've been heard, Mr.
Garza.
I'm ready to rule.
It's troubling that some parents whose children die in this horrible way face criminal liability, while others don't, but our system gives the prosecution that discretion, and it is no small thing to take it away.
- Your honor - Mr.
Garza.
Was this a murder or an accident? I will let the jury decide.
Charges stand.
Justice Garza Welcome to Baltimore.
Okay, what are we dealing with? An unsympathetic defendant with an unbelievable defense.
Other than that, we are so good.
Well, her defense is that she forgot.
Which nobody is gonna believe.
Okay, Mereta, dig into the science.
See if you can find a memory expert, somebody that can explain to the jury and to me how a good mother can forget her own child.
I want eyewitnesses somebody anyone- who might have seen Jessica find Elissa in that car.
I mean, was she hysterical? Did she cry? We set up a psych eval.
I mean, if the jury can't connect with Jessica, then at least we'll have a shrink there to tell them why.
Baby toys? Oh, you're moving kind of quick.
You just got engaged.
The D.
A.
Had this delivered to your office the one I provide for you and which you never use.
I'm told that it's the contents of your client's SUV.
Ah, toys in the car may help us tell the jury that she cared? But what I'm interested in is why you care Because, um, usually after asking for a six-figure advance, the polite thing to do is to take a case where you might actually earn that money back.
- Thank you.
- I'm serious.
Drop the case.
- As soon as you drop Glen.
- That's very funny.
Heard he was over at sta, working the Canadian desk Very sexy.
Hmm, somebody's done his homework.
I actually thought that might play a little romantic.
What am I gonna do with you? Meet me at the valerian.
Come on.
It's our anniversary.
Least you can do is give a guy a farewell tour.
- What, uh, happened to you? - Like you care.
- Can we talk about a deal? - Glad to.
90 days.
That's what she looks like after one.
How about probation? I got a cop says your client was smoking pot in the car.
- Which she denies.
- Yeah.
Offers good till the "all rise.
" All rise.
See ya.
Wouldn't want to be ya.
Bob the guy in the car- you have to find him.
Elissa was a good baby.
Even the best babies can be a lot of work.
Not her.
Jessica, I want to ask you some questions about how you were raised.
Were your parents strict with you? I don't know.
How did they discipline you? What does this have to do with anything? You sound angry.
I lost my baby, and I feel like all anyone is interested in doing is punishing me.
That must be very frustrating.
Oh, it is very.
Let's talk about Elissa's death.
It was an accident.
How does that make you feel? Like it was an accident.
Your client is dissociating.
She's using anger to avoid the pain.
Why because she intentionally killed her baby and can't face it or accidentally killed her baby and can't face it? In my opinion, it was an accident.
I'd be happy to explain why in court, - if you think that'll help.
- Well, it won't hurt.
But explaining why she can't feel isn't showing that she can.
She can't do that.
I know.
But that's what a jury needs to see.
Thanks.
The baby was already deceased when I arrived on the scene.
She'd been removed from the vehicle, laid out on the asphalt.
Was the defendant present? I didn't think so at first, but, yes.
Why didn't you think so? She was standing off a little ways.
She was calm.
I didn't realize that she was the child's mother since she didn't seem very upset.
She hadn't even called 911.
- Was that unusual to you? - Objection irrelevant.
I'll allow it.
Yes, uh, her baby girl was lying there dead on the pavement, and the defendant wasn't holding her or crying or anything, it seemed it seemed unnatural.
I have no more questions, your honor.
I didn't know you were an expert on grief and trauma, officer Brett.
- I'm not.
- Really? And yet, here you are, calling my client's reaction to the death of her child unnatural.
- That's an ugly word, sir.
- That's how I felt.
I couldn't care less how you felt, officer.
What matters to me is how Jessica Davis felt.
The fact is my client didn't call 911 because she was busy doing cpr on her daughter.
Well, I- I never saw that.
So what, that means it never happened? You didn't see me come to the courthouse this morning, and yet here I am.
Objection that's argumentative.
Sustained.
My client's child was dead, and in her shock, she became quiet and stepped to the side.
That's not unnatural.
It's human nature.
Does Mr.
Garza have a question? The fact is, officer, you don't have one shred of evidence that my client intended to hurt her child, - do you? - No.
For all you know, this was a tragic and horrible accident.
- Isn't that right? - Yes.
Can you give this jury one fact that proves that Jessica Davis was not a loving and devoted mother? - Sir? - No.
I'm done.
Careful what you wish for.
If you want facts, you're about to get them.
Your honor, the people call Naomi Bachman to the stand.
I consider Jessica my closest friend.
It was incredibly hard for me to come here today.
Mrs.
Bachman, as someone who saw the defendant with her child all the time, would you say she was under a lot of stress? - Definitely.
- In what way? Her husband, Russell, got laid off right after Jessie got pregnant, so she was supporting the whole family.
She went back to work two weeks after Elissa was born.
Did the defendant ever tell you how this made her feel? She resented it.
And she was exhausted.
She told me that Russell was the one who'd really wanted the baby, not her.
Elissa was an accident.
I knew she was struggling.
Elissa was 11 months old, but she still wasn't sleeping through the night.
Did this upset the defendant? Of course.
Two days before Elissa died, Jessie called me on her way to work.
She said that Elissa was driving her crazy and that she wished she'd never been born.
I'm sorry, Jess.
I love you.
I do.
But I loved Elissa too.
Eight minutes of fame, and you never did blow? Never.
Okay, but you at least trashed a hotel room, right? Oh, yeah.
Tell me you at least did that.
Totally.
And then I called my agent, just told him to take care of it.
Really? No! I was 12.
It was boring.
I sat backstage with a tutor the whole time.
So why do it? Did your mom push you into it? Was she a total stage mom? Okay, I know this is all just very hilarious to you or stupid or whatever.
Can I check all of the above? Yes, but the truth is, it put me through college.
It pd for law school, paid off my mom's debts.
I bought her a house.
So your dad pushed you into it.
S dead.
He died when I was four.
And if you were a really good private investigator, you would know that.
Come on.
Mr.
Shard I'm a lawyer working with Desdemona.
I don't know who you're talking about.
Conrad Sutton Until her penis gets removed next week.
But, hey, whatever floats your boat.
I'm late for work.
Um, she's gonna go to jail unless you tell the truth about what happened the other night.
A cop testified that you guys were smoking pot before he pulled her out of the car.
She says that's not true.
If you can back her story Go away! Fair enough.
Whoa! Did you read the news about Ray Lewis? Something else happen now? No, something didn't happen, like his knee is good, which means he's good to go, which means the bears are going down, Cyrus Garza.
Show me some love.
You just gonna leave me hanging out here like this? Hello? Meanwhile, back on planet Garza Yeah, right.
So where are we on eyewitnesses? Well, Lucinda did a canvass-turned out nothing.
What about, uh, cpr? Any proof that she tried to revive Elissa? Well, the medical examiner's report was inconclusive, and that's the good news.
You ever read the autopsy report? Cyrus, the m.
E.
'S testimony is gonna be devastating, that is, to everyone except for Jessica.
If she doesn't care, we need to make it seem like she does.
And how do you plan on doing that? Your honor, the people call Dr.
Burt Jonas.
Your honor, we have a motion.
My client's asked to be excused from the courtroom during Dr.
Jonas' testimony.
Oh, yeah.
Why's that? Listening to the details of her daughter's death would be too emotionally devastating for her to hear.
Oh, good lord.
Honestly, your honor? Come on.
Yeah, yeah, yeah, yeah.
All right, get up here.
Your honor, if you excuse the witness, it'll completely prejudice the jury.
They might think there's an actual heart beating in that stone.
Well, they'll definitely think that if you make her listen to the M.
E.
Oh, you wish.
Your honor, the 6th amendment gives my client the right to confront her accusers, but it doesn't say she can't waive that right.
Maybe not, but I'm saying it.
This is a murder trial, not a support group.
Tell your client to man up.
Uh, go on.
Dr.
Jonas, could you please explain to the jury how Elissa Davis died? She died of hypothermia.
When an individual's core temperature rises above 108 degrees fahrenheit, the body's mechanisms for cooling can't function.
A series of neurological catastrophes follow.
Is that a painful way to die, doctor? She baked to death Over a period of two to three hours while strapped down in a car seat.
Yes, it was very painful.
Dr.
Jonas, will you please share your autopsy findings with our jury? Externally, there was a green discoloration of the lower abdomen.
Her veins were visible through the skin and her chest and neck areas.
Internally, her lungs and liver were highly congested.
And that was caused by the heat.
That's correct.
What else did you find, doctor? There were hemorrhages on her vocal cords.
Was that because of the heat? No.
That was due to her screaming.
Let's get her out of here.
His name is Bob Shard.
That's his phone number and address and a picture.
Pick him up.
Talk to him.
If he verifies my client's story, I want you to withdraw the case.
And if he doesn't? I'll put him on the stand.
Blow his cover in front of his wife.
You'd do that? If you make me.
Take the deal, no one gets hurt.
Force my hand, and two lives get destroyed.
It's up to you.
Doc? Yeah, hey, it's me.
Just wondering if you put down that bet? You did, huh? Huh? Yeah, I heard Lewis is fine.
It's all good.
Thanks.
Can you explain the science, Dr.
Seitz? The key in a case like this is in the area called the basal ganglia.
That's the part of the brain that controls routine.
It's like driving to work every morning.
You don't think how you're going to get there.
The basal ganglia takes over.
It's like being on autopilot.
And so that is the key to this case.
Yes.
These tragedies occur when there is a change in routine.
Jessica Davis doesn't usually drive her daughter to day care.
It's not voluntary.
Uh, her basal ganglia went on autopilot, and as a result, she forgot her daughter was in the car.
I got to say, Dr.
Seitz, I'm not sure I buy it, because parents they change their routines every day.
They don't kill their children.
No, most don't.
But in some cases, under certain conditions, a parent's basal ganglia can simply override the brain.
- Certain conditions? - Yes.
Sleep deprivation, change in the routine, extreme stress from a distracting factor.
So Jessica Davis was distracted.
Yes.
Her husband called her in the car.
He was concerned about money, and his new job wasn't working out the way he expected.
But are you saying that this is an excuse for murder? No.
I'm a doctor.
I'm not here to make excuses.
I'm here to give you my medical opinion.
And in my opinion, this was a perfect storm exhaustion, new routine, stressful call.
These factors were a lethal combination.
Well, thank you very much, doctor.
I have nothing further.
Dr.
Seitz, if somebody intentionally killed their child, could they use your science? Could they say they forgot, knowing somebody like you would come and testify and defend them here in court? Could they? - Uh I suppose If that individual were highly disturbed.
Disturbed.
Okay.
Yes, thank you.
Yeah, but would putting her on the stand do more harm than good? No! Yes! Look, I was with her at the start the wrongfully accused mother.
But the woman can't even cry for her own child.
She's unlikable.
I'm sorry, but she is.
She has to say something.
If she doesn't, she'll look like she won't even defend herself.
Right.
We put her on the stand.
She sounds robotic, and we lose.
We don't put her on the stand, she looks robotic, we lose.
Either way we lose.
No, no, oh, God! Oh, no! Please! Oh, go oh, God! Okay, that was freaky.
Do that again.
No, no! That's Jessica's voice.
This thing records.
Darlene bought one for Willa when she went back to work.
She used to leave messages on it so Willa could hear her voice during the day.
These toys were in Jessica's van.
Jessica must have activated it when she pulled Elissa from the car.
No! No! Just breathe.
Just breathe.
Breathe.
Please! Please! What is she doing? Cpr.
No, baby.
Sweetie, sweetheart Okay Just breathe.
Just breathe.
Breathe.
Please! Please! Oh, baby.
Well, that proves my client gave her daughter cpr.
That's not proof.
You can't play that for a jury.
Your honor, for all we know, that tape was recorded yesterday.
Whoa, counselor, you really believe that? It doesn't matter what I believe.
What matters is what you can prove.
And right now at this moment, that's nothing.
All right.
Is there anything on this toy that can establish when the recording was made? Your honor, my client is still in shock.
This is our only chance to get her true emotion in front of that jury.
Can you establish a timeline? No, I can't.
Then my hands are tied.
The tape's out.
Thank you.
Hands are tied.
Now what? We're gonna do it your way.
Put her on the stand, make her defend herself.
What if she can't show any emotion? She has to.
Okay, but what if she can't? She will.
Jessica Davis loved her daughter, and the jury's gonna see that if I have to pull it out of her myself.
Um, Elissa was teething, and she was so uncomfortable, she couldn't sleep, so we had both been up for hours the night before.
And you weren't supposed to be driving her that day.
No.
That's why I actually think it happened, is because I have a routine, and I just forgot that she was there.
"Why it happened" that's that's what you just said.
I assume you mean the death of your only daughter.
Yes.
Yes, what? We all know what happened.
What we don't know is who you are, how you feel about this.
What do you want me to say? I don't know.
Something, anything.
What I want is for you to feel like you give a damn that you let her die! I'm serious.
Explain it to the jury, Jessica.
Hell, I want you to explain it to me, because I can't fathom how you could just sit there go to hell.
There you go anger.
Anger, because how dare there even be a trial? How dare anyone even doubt what a great mother you were? Stop it.
I can't stop it, Jessica.
I can't stop, because I don't understand.
You see, I sat here while officer Brett testified and said that you didn't try to help your child No.
That you just let her die.
That is not true.
Well, maybe it is.
Maybe you didn't care Because you sat there like a rock.
Maybe you were through being a mother.
No.
Then why? And don't tell me that you were in shock.
You have been charged with murder! Did you kill her? No.
Did you kill your daughter? No! Objection.
Then why? If you feel something, why can't we tell? I don't know.
I don't know.
I I tried s-so hard to to save her, and I forgot her in the car.
I'm sorry.
I forgot her in the car.
And I'm s-so sorry.
And I know what you want me to do.
I know that you want me to sit up here and cry and but I can't.
I can't.
But Sh she was everything to me.
And, uh I kill I killed her.
And I lost her.
And it's been, um Three months.
It's been three months without her.
I can't I have nothing further, your honor.
You know, if you're watching the game, I don't want to hear about it.
Oh, Cyrus, you didn't just see this pass? Al, I'm trying to work on my close here.
This is the greatest game oh, you're such a freaking coward.
Yeah, yeah, yeah! Great, great, great! That was good.
That was good.
One more time.
Hey, you know I can hear you dribbling, right? Yeah, uh, this is where I do my best thinking.
Yeah, yeah, the crowd goes wild! High-five me.
Good job.
Good job.
You gonna see it get in my hands! Al, I'm really trying to focus on the case.
Yeah, I know.
That's why I called back, to tell you good luck on the close.
We're gonna need it, Cyrus.
Thanks, man.
Look, I get it.
Being a new parent is very tough.
And I do get it.
I am a parent.
I have a daughter.
There's times where you're sleep deprived.
It's very hard.
It's difficult.
Sometimes even just daily life overwhelms you, but you don't forget your child for six minutes, let alone six hours Six hours.
It's not okay.
We all heard the so-called science of Dr.
Seitz.
It's not Jessica Davis' fault.
It's her basal ganglia.
That poor lady is wired to forget.
No.
No.
It's not that simple.
It's not that simple.
Her brain is no different from yours, yours, mine, yours.
No.
You cannot forget your child.
That's it.
That's it.
You cannot forget your child.
And if you do forget your child and that child dies, you must be held accountable.
Give Elissa Davis justice.
Find the defendant guilty.
Thank you.
Mr.
Ashford's right.
Jessica Davis' brain is no different than yours and mine.
And that is what is so terrifying about this case.
It can happen to you.
It can happen to anybody.
I didn't call Dr.
Seitz to the stand to hide behind the science.
I called her to help us understand, how could this happen? How could a loving, caring mother forget the single most important thing in her life? It can happen.
It does happen.
And it's very easy to say, "I have zero tolerance.
" It's very easy to say, "if it happens, you're guilty.
" Good people do forget.
Think about it.
Let's say Jessica Davis was stressed and tired Even sorry she ever had a baby.
Do you really believe, even for one moment, that she chose to kill her child in the most brutal, horrifying way that any parent could ever imagine? "Unnatural" That's what officer Brett said.
Her behavior at the scene was unnatural.
I'm sorry.
I-I cannot hide my disgust at the use of that word.
I will not judge Jessica Davis for processing the loss of her child in her own way.
I will not presume to understand the pain she felt or predict what a loving, caring parent would act like.
And you shouldn't either.
Instead you should simply pray That you never learn how you would react.
Here.
Just take it.
It's a gift.
I was gonna make copies, send it to everyone I know.
It's your life.
You can do what you want with it.
I recommend you burn it, but that's up to you.
Is this some kind of weird apology? No.
Are you sure? I can't believe they dropped the charges.
Congratulations.
Thank you so much.
Um, Lucinda's the one who found Bob, and the D.
A.
made him talk, so Maybe it's the whole preppy thing, but when I first met you, I thought you were a jerk.
Turns out you're a nice guy.
Lucinda was just saying the same thing.
Um, do you need a ride? I'm good.
It's a beautiful day, and I don't have anywhere to be, so I'm gonna walk.
- Okay.
- Bye.
Nice guy? Yeah, I-I did not say that.
I think you did, as I have the beat harmony magazine to prove it right here.
Yeah, just give me that back.
No.
No, seriously.
No, no, no, and no.
That was a great closing, Cyrus.
I mean, it was Ray Lewis great.
I don't want to know the score.
What, you don't already know? I'm waiting till after the verdict.
Mm.
Waiting until after the verdict.
Waiting until after the close.
Man, exactly how much did you have on this game? A lot.
And you broke out the lucky tie.
Cyrus, you know the whole tie mojo doesn't work after the game's been played, right? Mm-hmm.
Jury's back.
Here we go.
Ladies and gentlemen of the jury, have you reached a verdict? We have, your honor.
On the charge of murder in the second degree, how do you find? In the matter of the people versus Jessica Davis, we, the jury, find the defendant Not guilty.
Thank you.
Case dismissed.
Thank you.
It's okay.
You know, Ray Lewis had ten tackles and two sacks.
But the bears covered.
Wow, peace on earth, good will toward men, Cyrus.
This tie bulletproof.
Oh, my God.
You got to respect the power of the tie.
Uh, no I don't.
Hello.
I'm semi-serious here.
Yeah, Cyrus, I know you are, and, uh, that's what terrifies me.
See? Oh, boy.
Hello? Second quarter and sat out the rest of the game another blow to a linebacking corps already missing Brian Urlacher because of a strained left calf.
Tim Hasselbeck on whether the bears are ready for the regular season.
After watching the Chicago bears in the preseason, they don't look ready to compete for an nfc north Claire, you know I paid extra for the vibrating bed- where are you? Honestly How did you ever get nominated for the court? I, uh, won in a craps game.
That wouldn't surprise me.
You are a very lucky man.
Yep.
And you owe me money.
I like the sound of that.
So should I close you out or keep a tab? I got an added game that might interest you.
How's tiny? He misses you.
Yeah, that's what I was afraid of.
Close me out.
I'm done.
Check is in the mail.
Mm-hmm.
Doc.
Hey, it's me.
Tell me about the game.
Steelers.
Steelers? You know Roethlisberger's suspended, right? Irregardless.
Regardless, regardless of what a douche bag he is.
Irregardless is not even a word.
$5,000 is.
I'm in.
You said you'd take it seriously.
You're a bookie, not a burglar.
- Is any of this ringing a bell? - How'd you get in here? Look at you Reserving a suite at the valerian at the same time you're shining me on.
Man's got stones, tiny, I'll give him that.
All right, doc, you said I had three months.
Sure, if you were covering the vig.
But now we're at three bills.
Another week it's $350,000.
That is not an acceptable situation.
You're making it sound like you're gonna fit me with cement shoes.
Good.
Then I'm doing my job.
You got 24 hours.
Sleep tight.
How about this for our next case? A woman in Baltimore forgot her baby in a minivan for six hours and You know, I'm sorry.
You forget your keys, not your kid.
Baltimore D.
A.
's charging her with murder.
Yeah, because she let her 11-month-old broil to death in the back seat.
This is unbelievable.
I knew you'd think so.
Ray Lewis tore his meniscus getting out of the bathtub.
No way.
They think he's gonna be out the whole season.
I'm sorry.
Excuse me.
But what is with men and sports? Did you hear anything that I just said? Not really, but, uh, you can tell me all again when I get back.
Get back? Where are you going? That's why you pulled me out of a depo, to ask for $200,000 in cash? It's an advance to cover my expenses.
What expenses? Your team? You pay them in cash? They're lawyers, not drug mules.
It's not for my team.
I, uh I have a personal issue, and I need you to respect that.
If you can't, uh, I'm more than happy to beg.
As I recall, you like it when I do that.
Look, there's something I've been meaning to tell you.
Me too.
Uh, I reserved our suite.
- 305, same as always.
- Yeah, about that.
Glen Asked me to marry him.
You happy? - Yes, I am.
- Good.
So am I If you give me the advance.
Come on You can't break a guy's heart twice in the same conversation.
Just tell me this is not going to get me into trouble.
This is not going to get me into trouble.
That a yes? That was a yes, right? Yes.
Yes.
Did you see the paper today? What, Ray Lewis going down in his tub? You kidding me? I'm all over that.
Seriously, it's like a disease.
She's talking about Jessica Davis woman from Baltimore who forgot about her kid in the car.
She's been charged with murder.
You know why? Yeah, because her kid died.
Because her kid died in Baltimore.
When the same thing happened last week in Phoenix, the D.
A.
there called it a tragic accident and declined to prosecute.
Every year dozens of kids die because their parents forget about them in the car.
Now, these are good, loving parents.
But half the time, the parents are charged with murder.
The other half, nothing.
So what equal protection? We are drafting a motion to dismiss.
Big picture here, Al.
It's not about the mom.
It's about the law.
Got a meeting in three hours with the Baltimore D.
A.
To point that out.
Well, I got an arraignment in three hours old client, pot bust.
What? I was editor of the law review, not not associate editor, not articles editor, editor editor and now I'm repping a transsexual pothead.
Yeah, kind of brings you back, doesn't it? Androgynous showgirl takes you under her wing, helps you realize your dreams of becoming a teen idol? Hey, give me some credit.
This is not a secret that's easy to keep.
- What isn't? - Okay.
Okay, okay, okay.
- Come on, come on.
- What? Nothing.
Come on, tell her.
It's funny.
Okay, you have to tell me now.
Fine.
Um, I was he was in a boy band.
So much for not telling anybody.
What, you were gonna tell her you were a football star? Are you serious? Yeah, Harvard had, like, eight minutes of actual fame.
Opened for Boy George in Waukegan, he's almost on the today show and, I kid you not Soul train.
- You're like a stalker.
- Oh, don't flatter yourself.
I look up stuff like this when I am completely blitzed.
Oh, my God! Look at the hair.
How about we don't? - How about we do? - Are you kidding? This is, like, the greatest thing ever.
You were so cute.
They were called "in heat.
" This is great, Garza- what you're saying here Is you left the court to defend baby killers.
No, what we're saying is if Jessica Davis forgot her child in about 100 different places, she wouldn't have been charged.
That's not my problem.
Actually, it is.
There's no uniformity in how these cases are charged, counselor.
That's an equal protection violation.
Whoa.
Garza, if you guys think you're getting this case kicked on a technicality, you're more delusional than people say you are.
Is that what the constitution is to you a technicality? It is if you're using it to free murderers.
Murderer? Where's the intent? - Cyrus.
- At worst, what she did was reckless.
But since you're really not interested in what she did, let's talk about who she is a mom.
You really want to go after someone that stricken with grief? What? Have you met your client? No, not yet.
Yeah, I didn't think so.
My baby died.
Yes, and and we're very sorry for your loss.
But if you could take us back I forgot her in the car.
Why don't we start from the beginning? I'm the one who usually took Elissa to day care.
But that morning, uh, I got a call to go in for a temp job, so So he put Elissa in my car, and I just drove to work.
And Russell called me while I was driving.
We talked for a few minutes.
We thought his job was gonna last a month or so, but it only ended up being two days, so that was a drag.
And then when I got to work, there was One poppy-seed bagel left in the kitchen.
They're usually the first to go, you know.
So That was a nice surprise.
I know she seems cold, but, please, that's not who she is.
I know the woman I married.
She's a good person, and she would never have hurt our child, never.
She was a good mother is.
I just Sir, I I just uh, I want her back You know.
So please help us.
I believe you, Mr.
Davis.
Thank you.
"Seems cold"? The lady's an iceberg.
Yeah, but is she a killer? A jury's gonna think so.
Then we'd better win this thing before it goes to trial.
Did I miss any? Um, Cleveland and Austin a mom and a dad, neither was prosecuted.
How about what charges were filed? Let me see Miami and Minnesota.
There's no way that this many parents wanted to kill their babies, right? Uh, I have to take this.
You see about Ray Lewis? Yeah.
That's why I don't bathe.
So? So, without him, the bears cover.
And this interests you because? I got $200,000 to lay off.
Bears win, I get $400,000, you get paid.
And if the ravens win? Then, uh, tiny knows where to find me.
Hi, Congressman.
You do know that if you use the $200,000 against what you owe, I could maybe buy you some time on the rest.
Yeah.
Yeah, yeah, yeah, yeah, yeah.
Come on, doc, one bet, double or nothing.
You are a sick, sick man.
And that is what I dig about you.
Ray Lewis come on, Ray.
I got the Howard County D.
A.
on the record? Sworn statement that she would not have filed charges against Jessica.
You are my hero.
Like I didn't already know that.
You must be Desdemona.
That's right.
Who are you? Uh, I'm Eddie Franks, I work with Al.
He's not coming? No, Al couldn't make it, so he sent me.
I'm Lucinda pearl.
Don't mind him.
He's got some gender-identity issues of his own.
Why don't you tell us what happened? I was sitting in a parked car with a friend.
He was kissing me good night when a cop came and rapped on the window and told me to get out.
So you got out of the car.
And he patted me down and found weed in my pocket.
Okay, but you and your f- f- friend were not, uh, actually smoking weed in the car, right? No, Bobby doesn't like weed.
- Bobby.
- Can we talk to Bobby? I've been trying to call, but his number's no good.
You guys got to understand, he's got a family.
Look, if the cop didn't have probable cause to search you, we should be able to suppress the drugs and get the charge dismissed.
We? You know she's not contagious, right? What about my bail? - What about it? - Al always posts bail for me.
He knows a woman like me can't spend one hour in men's lockup.
You're gonna post for me, right? I'm not paying his bail.
Her bail.
And why not? How about because I don't have five grand sitting around? I know how much you make, and, yes, you do have five grand.
Okay, fine.
Maybe I do, but I'm not spending it on him.
- Her.
- Whatever.
I'm not spending it.
Oh, come on, she's just like your bass player when they taped that behind the music episode that almost aired.
My bass player came on to me, which is why the band broke up.
Hey, just because you being in the closet kept in heat from greatness is no reason why it should keep Desdemona behind bars.
Desdemo I've seen the briefs.
They were not, uh Oh, what's the word I'm looking for? Scintillating.
Equal protection Well, that is creative lawyering, Mr.
Garza, but I must admit, it didn't wow me.
Well, we all know I live to wow you, your honor.
Excuse me? With all due respect, you know my record.
I could be standing in a lot of courtrooms right now, but I'm not.
I'm standing here, because the constitution is being trampled.
- Is that right? - It is right.
Equal protection is the foundation of our system.
It is the bedrock of justice, and this is not justice.
Your honor, each one of these pins is a case a parent who forgot.
Hundreds of cases in the last few years, some of whom were charged with murder.
Others were simply sent home seen as the victims of a tragic accident.
Prosecutors have the discretion to decide when to file charges, your honor.
Yes, in most cases, yes, but this is different.
Why? Because the facts are so similar, your honor good parents, forgetting a child in a car seat.
It happens.
And as a country, we should be treating the same act in the same way.
That's ridiculous.
No act is exactly the same, your honor.
One goes for murder.
The other one goes home.
That's wrong.
It's more than wrong.
It's unequal treatment under the law.
What would you have us do, Mr.
Garza send everyone home? - A child was killed.
- In an accident, your honor A horrible accident.
He says it's an accident.
I say it's a reckless disregard for human life.
Your honor, this death occurred 31 yards from the Howard County line.
Your honor, this morning I met with the Howard County D.
A.
- I object to this.
- We have a sworn statement.
In the statement, she swears under oath that if this death had occurred in her county, our client would not have been charged with a crime.
Objection.
31 yards, your honor- scintillating enough for you? All right, that's enough.
Sit down.
You've been heard, Mr.
Garza.
I'm ready to rule.
It's troubling that some parents whose children die in this horrible way face criminal liability, while others don't, but our system gives the prosecution that discretion, and it is no small thing to take it away.
- Your honor - Mr.
Garza.
Was this a murder or an accident? I will let the jury decide.
Charges stand.
Justice Garza Welcome to Baltimore.
Okay, what are we dealing with? An unsympathetic defendant with an unbelievable defense.
Other than that, we are so good.
Well, her defense is that she forgot.
Which nobody is gonna believe.
Okay, Mereta, dig into the science.
See if you can find a memory expert, somebody that can explain to the jury and to me how a good mother can forget her own child.
I want eyewitnesses somebody anyone- who might have seen Jessica find Elissa in that car.
I mean, was she hysterical? Did she cry? We set up a psych eval.
I mean, if the jury can't connect with Jessica, then at least we'll have a shrink there to tell them why.
Baby toys? Oh, you're moving kind of quick.
You just got engaged.
The D.
A.
Had this delivered to your office the one I provide for you and which you never use.
I'm told that it's the contents of your client's SUV.
Ah, toys in the car may help us tell the jury that she cared? But what I'm interested in is why you care Because, um, usually after asking for a six-figure advance, the polite thing to do is to take a case where you might actually earn that money back.
- Thank you.
- I'm serious.
Drop the case.
- As soon as you drop Glen.
- That's very funny.
Heard he was over at sta, working the Canadian desk Very sexy.
Hmm, somebody's done his homework.
I actually thought that might play a little romantic.
What am I gonna do with you? Meet me at the valerian.
Come on.
It's our anniversary.
Least you can do is give a guy a farewell tour.
- What, uh, happened to you? - Like you care.
- Can we talk about a deal? - Glad to.
90 days.
That's what she looks like after one.
How about probation? I got a cop says your client was smoking pot in the car.
- Which she denies.
- Yeah.
Offers good till the "all rise.
" All rise.
See ya.
Wouldn't want to be ya.
Bob the guy in the car- you have to find him.
Elissa was a good baby.
Even the best babies can be a lot of work.
Not her.
Jessica, I want to ask you some questions about how you were raised.
Were your parents strict with you? I don't know.
How did they discipline you? What does this have to do with anything? You sound angry.
I lost my baby, and I feel like all anyone is interested in doing is punishing me.
That must be very frustrating.
Oh, it is very.
Let's talk about Elissa's death.
It was an accident.
How does that make you feel? Like it was an accident.
Your client is dissociating.
She's using anger to avoid the pain.
Why because she intentionally killed her baby and can't face it or accidentally killed her baby and can't face it? In my opinion, it was an accident.
I'd be happy to explain why in court, - if you think that'll help.
- Well, it won't hurt.
But explaining why she can't feel isn't showing that she can.
She can't do that.
I know.
But that's what a jury needs to see.
Thanks.
The baby was already deceased when I arrived on the scene.
She'd been removed from the vehicle, laid out on the asphalt.
Was the defendant present? I didn't think so at first, but, yes.
Why didn't you think so? She was standing off a little ways.
She was calm.
I didn't realize that she was the child's mother since she didn't seem very upset.
She hadn't even called 911.
- Was that unusual to you? - Objection irrelevant.
I'll allow it.
Yes, uh, her baby girl was lying there dead on the pavement, and the defendant wasn't holding her or crying or anything, it seemed it seemed unnatural.
I have no more questions, your honor.
I didn't know you were an expert on grief and trauma, officer Brett.
- I'm not.
- Really? And yet, here you are, calling my client's reaction to the death of her child unnatural.
- That's an ugly word, sir.
- That's how I felt.
I couldn't care less how you felt, officer.
What matters to me is how Jessica Davis felt.
The fact is my client didn't call 911 because she was busy doing cpr on her daughter.
Well, I- I never saw that.
So what, that means it never happened? You didn't see me come to the courthouse this morning, and yet here I am.
Objection that's argumentative.
Sustained.
My client's child was dead, and in her shock, she became quiet and stepped to the side.
That's not unnatural.
It's human nature.
Does Mr.
Garza have a question? The fact is, officer, you don't have one shred of evidence that my client intended to hurt her child, - do you? - No.
For all you know, this was a tragic and horrible accident.
- Isn't that right? - Yes.
Can you give this jury one fact that proves that Jessica Davis was not a loving and devoted mother? - Sir? - No.
I'm done.
Careful what you wish for.
If you want facts, you're about to get them.
Your honor, the people call Naomi Bachman to the stand.
I consider Jessica my closest friend.
It was incredibly hard for me to come here today.
Mrs.
Bachman, as someone who saw the defendant with her child all the time, would you say she was under a lot of stress? - Definitely.
- In what way? Her husband, Russell, got laid off right after Jessie got pregnant, so she was supporting the whole family.
She went back to work two weeks after Elissa was born.
Did the defendant ever tell you how this made her feel? She resented it.
And she was exhausted.
She told me that Russell was the one who'd really wanted the baby, not her.
Elissa was an accident.
I knew she was struggling.
Elissa was 11 months old, but she still wasn't sleeping through the night.
Did this upset the defendant? Of course.
Two days before Elissa died, Jessie called me on her way to work.
She said that Elissa was driving her crazy and that she wished she'd never been born.
I'm sorry, Jess.
I love you.
I do.
But I loved Elissa too.
Eight minutes of fame, and you never did blow? Never.
Okay, but you at least trashed a hotel room, right? Oh, yeah.
Tell me you at least did that.
Totally.
And then I called my agent, just told him to take care of it.
Really? No! I was 12.
It was boring.
I sat backstage with a tutor the whole time.
So why do it? Did your mom push you into it? Was she a total stage mom? Okay, I know this is all just very hilarious to you or stupid or whatever.
Can I check all of the above? Yes, but the truth is, it put me through college.
It pd for law school, paid off my mom's debts.
I bought her a house.
So your dad pushed you into it.
S dead.
He died when I was four.
And if you were a really good private investigator, you would know that.
Come on.
Mr.
Shard I'm a lawyer working with Desdemona.
I don't know who you're talking about.
Conrad Sutton Until her penis gets removed next week.
But, hey, whatever floats your boat.
I'm late for work.
Um, she's gonna go to jail unless you tell the truth about what happened the other night.
A cop testified that you guys were smoking pot before he pulled her out of the car.
She says that's not true.
If you can back her story Go away! Fair enough.
Whoa! Did you read the news about Ray Lewis? Something else happen now? No, something didn't happen, like his knee is good, which means he's good to go, which means the bears are going down, Cyrus Garza.
Show me some love.
You just gonna leave me hanging out here like this? Hello? Meanwhile, back on planet Garza Yeah, right.
So where are we on eyewitnesses? Well, Lucinda did a canvass-turned out nothing.
What about, uh, cpr? Any proof that she tried to revive Elissa? Well, the medical examiner's report was inconclusive, and that's the good news.
You ever read the autopsy report? Cyrus, the m.
E.
'S testimony is gonna be devastating, that is, to everyone except for Jessica.
If she doesn't care, we need to make it seem like she does.
And how do you plan on doing that? Your honor, the people call Dr.
Burt Jonas.
Your honor, we have a motion.
My client's asked to be excused from the courtroom during Dr.
Jonas' testimony.
Oh, yeah.
Why's that? Listening to the details of her daughter's death would be too emotionally devastating for her to hear.
Oh, good lord.
Honestly, your honor? Come on.
Yeah, yeah, yeah, yeah.
All right, get up here.
Your honor, if you excuse the witness, it'll completely prejudice the jury.
They might think there's an actual heart beating in that stone.
Well, they'll definitely think that if you make her listen to the M.
E.
Oh, you wish.
Your honor, the 6th amendment gives my client the right to confront her accusers, but it doesn't say she can't waive that right.
Maybe not, but I'm saying it.
This is a murder trial, not a support group.
Tell your client to man up.
Uh, go on.
Dr.
Jonas, could you please explain to the jury how Elissa Davis died? She died of hypothermia.
When an individual's core temperature rises above 108 degrees fahrenheit, the body's mechanisms for cooling can't function.
A series of neurological catastrophes follow.
Is that a painful way to die, doctor? She baked to death Over a period of two to three hours while strapped down in a car seat.
Yes, it was very painful.
Dr.
Jonas, will you please share your autopsy findings with our jury? Externally, there was a green discoloration of the lower abdomen.
Her veins were visible through the skin and her chest and neck areas.
Internally, her lungs and liver were highly congested.
And that was caused by the heat.
That's correct.
What else did you find, doctor? There were hemorrhages on her vocal cords.
Was that because of the heat? No.
That was due to her screaming.
Let's get her out of here.
His name is Bob Shard.
That's his phone number and address and a picture.
Pick him up.
Talk to him.
If he verifies my client's story, I want you to withdraw the case.
And if he doesn't? I'll put him on the stand.
Blow his cover in front of his wife.
You'd do that? If you make me.
Take the deal, no one gets hurt.
Force my hand, and two lives get destroyed.
It's up to you.
Doc? Yeah, hey, it's me.
Just wondering if you put down that bet? You did, huh? Huh? Yeah, I heard Lewis is fine.
It's all good.
Thanks.
Can you explain the science, Dr.
Seitz? The key in a case like this is in the area called the basal ganglia.
That's the part of the brain that controls routine.
It's like driving to work every morning.
You don't think how you're going to get there.
The basal ganglia takes over.
It's like being on autopilot.
And so that is the key to this case.
Yes.
These tragedies occur when there is a change in routine.
Jessica Davis doesn't usually drive her daughter to day care.
It's not voluntary.
Uh, her basal ganglia went on autopilot, and as a result, she forgot her daughter was in the car.
I got to say, Dr.
Seitz, I'm not sure I buy it, because parents they change their routines every day.
They don't kill their children.
No, most don't.
But in some cases, under certain conditions, a parent's basal ganglia can simply override the brain.
- Certain conditions? - Yes.
Sleep deprivation, change in the routine, extreme stress from a distracting factor.
So Jessica Davis was distracted.
Yes.
Her husband called her in the car.
He was concerned about money, and his new job wasn't working out the way he expected.
But are you saying that this is an excuse for murder? No.
I'm a doctor.
I'm not here to make excuses.
I'm here to give you my medical opinion.
And in my opinion, this was a perfect storm exhaustion, new routine, stressful call.
These factors were a lethal combination.
Well, thank you very much, doctor.
I have nothing further.
Dr.
Seitz, if somebody intentionally killed their child, could they use your science? Could they say they forgot, knowing somebody like you would come and testify and defend them here in court? Could they? - Uh I suppose If that individual were highly disturbed.
Disturbed.
Okay.
Yes, thank you.
Yeah, but would putting her on the stand do more harm than good? No! Yes! Look, I was with her at the start the wrongfully accused mother.
But the woman can't even cry for her own child.
She's unlikable.
I'm sorry, but she is.
She has to say something.
If she doesn't, she'll look like she won't even defend herself.
Right.
We put her on the stand.
She sounds robotic, and we lose.
We don't put her on the stand, she looks robotic, we lose.
Either way we lose.
No, no, oh, God! Oh, no! Please! Oh, go oh, God! Okay, that was freaky.
Do that again.
No, no! That's Jessica's voice.
This thing records.
Darlene bought one for Willa when she went back to work.
She used to leave messages on it so Willa could hear her voice during the day.
These toys were in Jessica's van.
Jessica must have activated it when she pulled Elissa from the car.
No! No! Just breathe.
Just breathe.
Breathe.
Please! Please! What is she doing? Cpr.
No, baby.
Sweetie, sweetheart Okay Just breathe.
Just breathe.
Breathe.
Please! Please! Oh, baby.
Well, that proves my client gave her daughter cpr.
That's not proof.
You can't play that for a jury.
Your honor, for all we know, that tape was recorded yesterday.
Whoa, counselor, you really believe that? It doesn't matter what I believe.
What matters is what you can prove.
And right now at this moment, that's nothing.
All right.
Is there anything on this toy that can establish when the recording was made? Your honor, my client is still in shock.
This is our only chance to get her true emotion in front of that jury.
Can you establish a timeline? No, I can't.
Then my hands are tied.
The tape's out.
Thank you.
Hands are tied.
Now what? We're gonna do it your way.
Put her on the stand, make her defend herself.
What if she can't show any emotion? She has to.
Okay, but what if she can't? She will.
Jessica Davis loved her daughter, and the jury's gonna see that if I have to pull it out of her myself.
Um, Elissa was teething, and she was so uncomfortable, she couldn't sleep, so we had both been up for hours the night before.
And you weren't supposed to be driving her that day.
No.
That's why I actually think it happened, is because I have a routine, and I just forgot that she was there.
"Why it happened" that's that's what you just said.
I assume you mean the death of your only daughter.
Yes.
Yes, what? We all know what happened.
What we don't know is who you are, how you feel about this.
What do you want me to say? I don't know.
Something, anything.
What I want is for you to feel like you give a damn that you let her die! I'm serious.
Explain it to the jury, Jessica.
Hell, I want you to explain it to me, because I can't fathom how you could just sit there go to hell.
There you go anger.
Anger, because how dare there even be a trial? How dare anyone even doubt what a great mother you were? Stop it.
I can't stop it, Jessica.
I can't stop, because I don't understand.
You see, I sat here while officer Brett testified and said that you didn't try to help your child No.
That you just let her die.
That is not true.
Well, maybe it is.
Maybe you didn't care Because you sat there like a rock.
Maybe you were through being a mother.
No.
Then why? And don't tell me that you were in shock.
You have been charged with murder! Did you kill her? No.
Did you kill your daughter? No! Objection.
Then why? If you feel something, why can't we tell? I don't know.
I don't know.
I I tried s-so hard to to save her, and I forgot her in the car.
I'm sorry.
I forgot her in the car.
And I'm s-so sorry.
And I know what you want me to do.
I know that you want me to sit up here and cry and but I can't.
I can't.
But Sh she was everything to me.
And, uh I kill I killed her.
And I lost her.
And it's been, um Three months.
It's been three months without her.
I can't I have nothing further, your honor.
You know, if you're watching the game, I don't want to hear about it.
Oh, Cyrus, you didn't just see this pass? Al, I'm trying to work on my close here.
This is the greatest game oh, you're such a freaking coward.
Yeah, yeah, yeah! Great, great, great! That was good.
That was good.
One more time.
Hey, you know I can hear you dribbling, right? Yeah, uh, this is where I do my best thinking.
Yeah, yeah, the crowd goes wild! High-five me.
Good job.
Good job.
You gonna see it get in my hands! Al, I'm really trying to focus on the case.
Yeah, I know.
That's why I called back, to tell you good luck on the close.
We're gonna need it, Cyrus.
Thanks, man.
Look, I get it.
Being a new parent is very tough.
And I do get it.
I am a parent.
I have a daughter.
There's times where you're sleep deprived.
It's very hard.
It's difficult.
Sometimes even just daily life overwhelms you, but you don't forget your child for six minutes, let alone six hours Six hours.
It's not okay.
We all heard the so-called science of Dr.
Seitz.
It's not Jessica Davis' fault.
It's her basal ganglia.
That poor lady is wired to forget.
No.
No.
It's not that simple.
It's not that simple.
Her brain is no different from yours, yours, mine, yours.
No.
You cannot forget your child.
That's it.
That's it.
You cannot forget your child.
And if you do forget your child and that child dies, you must be held accountable.
Give Elissa Davis justice.
Find the defendant guilty.
Thank you.
Mr.
Ashford's right.
Jessica Davis' brain is no different than yours and mine.
And that is what is so terrifying about this case.
It can happen to you.
It can happen to anybody.
I didn't call Dr.
Seitz to the stand to hide behind the science.
I called her to help us understand, how could this happen? How could a loving, caring mother forget the single most important thing in her life? It can happen.
It does happen.
And it's very easy to say, "I have zero tolerance.
" It's very easy to say, "if it happens, you're guilty.
" Good people do forget.
Think about it.
Let's say Jessica Davis was stressed and tired Even sorry she ever had a baby.
Do you really believe, even for one moment, that she chose to kill her child in the most brutal, horrifying way that any parent could ever imagine? "Unnatural" That's what officer Brett said.
Her behavior at the scene was unnatural.
I'm sorry.
I-I cannot hide my disgust at the use of that word.
I will not judge Jessica Davis for processing the loss of her child in her own way.
I will not presume to understand the pain she felt or predict what a loving, caring parent would act like.
And you shouldn't either.
Instead you should simply pray That you never learn how you would react.
Here.
Just take it.
It's a gift.
I was gonna make copies, send it to everyone I know.
It's your life.
You can do what you want with it.
I recommend you burn it, but that's up to you.
Is this some kind of weird apology? No.
Are you sure? I can't believe they dropped the charges.
Congratulations.
Thank you so much.
Um, Lucinda's the one who found Bob, and the D.
A.
made him talk, so Maybe it's the whole preppy thing, but when I first met you, I thought you were a jerk.
Turns out you're a nice guy.
Lucinda was just saying the same thing.
Um, do you need a ride? I'm good.
It's a beautiful day, and I don't have anywhere to be, so I'm gonna walk.
- Okay.
- Bye.
Nice guy? Yeah, I-I did not say that.
I think you did, as I have the beat harmony magazine to prove it right here.
Yeah, just give me that back.
No.
No, seriously.
No, no, no, and no.
That was a great closing, Cyrus.
I mean, it was Ray Lewis great.
I don't want to know the score.
What, you don't already know? I'm waiting till after the verdict.
Mm.
Waiting until after the verdict.
Waiting until after the close.
Man, exactly how much did you have on this game? A lot.
And you broke out the lucky tie.
Cyrus, you know the whole tie mojo doesn't work after the game's been played, right? Mm-hmm.
Jury's back.
Here we go.
Ladies and gentlemen of the jury, have you reached a verdict? We have, your honor.
On the charge of murder in the second degree, how do you find? In the matter of the people versus Jessica Davis, we, the jury, find the defendant Not guilty.
Thank you.
Case dismissed.
Thank you.
It's okay.
You know, Ray Lewis had ten tackles and two sacks.
But the bears covered.
Wow, peace on earth, good will toward men, Cyrus.
This tie bulletproof.
Oh, my God.
You got to respect the power of the tie.
Uh, no I don't.
Hello.
I'm semi-serious here.
Yeah, Cyrus, I know you are, and, uh, that's what terrifies me.
See? Oh, boy.
Hello? Second quarter and sat out the rest of the game another blow to a linebacking corps already missing Brian Urlacher because of a strained left calf.
Tim Hasselbeck on whether the bears are ready for the regular season.
After watching the Chicago bears in the preseason, they don't look ready to compete for an nfc north Claire, you know I paid extra for the vibrating bed- where are you? Honestly How did you ever get nominated for the court? I, uh, won in a craps game.
That wouldn't surprise me.
You are a very lucky man.
Yep.
And you owe me money.
I like the sound of that.
So should I close you out or keep a tab? I got an added game that might interest you.
How's tiny? He misses you.
Yeah, that's what I was afraid of.
Close me out.
I'm done.
Check is in the mail.
Mm-hmm.
Doc.
Hey, it's me.
Tell me about the game.
Steelers.
Steelers? You know Roethlisberger's suspended, right? Irregardless.
Regardless, regardless of what a douche bag he is.
Irregardless is not even a word.
$5,000 is.
I'm in.