Shark s01e03 Episode Script
Dr. Feelbad
Previously on Shark My lawyer, boys.
Why not let me go right now? We're starting a high-profile crime unit in the D.
A.
's Office.
Nail rich folks with fancy lawyers like you.
What schmo would take that job? Come on.
Me, a prosecutor? I eat prosecutors for breakfast.
They're my main source of fiber.
Trial is war.
Second place is death.
Truth is relative.
Pick one that works.
This place rocks the planet.
Narcotics Division must be pissed.
Like working at a real firm.
Minus the salary.
Having reached the age of 16, you must now designate which parent will act as custodian until your 18th birthday.
I choose to live with my dad.
I love that you are here, and I thought we were doing better.
You seemed less pissed off at me, and now it's just.
.
No one said this was gonna be easy.
You are a good attorney, but the people in your office, they I don't know, what's the word I'm looking for oh, yeah suck! Well, this should be fun.
It's been 13 days since my wife disappeared.
Stephanie is a loving mother, a devoted partner and a gifted doctor.
These are-are never roles she would willingly walk away from.
But in my heart, I have hope.
I know Stephanie is out there.
We We miss her.
So I'm begging you, please, help us find her.
Guy must be a hell of a heart surgeon to afford a house like this.
He's a rock star.
Without him, that hospital would be a taco stand.
Stark.
What have you got, Detective? You sure this is kosher? Do I look like a rabbi? Sterling allowed us in to monitor the trap and trace on his phone.
Now we're tossing the place.
What's the basis? The basis is, I have a law degree, and, hey, you don't.
I can see why the cops love you.
I'd rather be feared than loved.
A search warrant would've been nice.
Too bad my crack team couldn't manufacture probable cause.
We've been killing ourselves trying to build a case against this guy.
I've heard all the whining, okay? But what I haven't heard are results, and until I hear them, I'm just talking to a well- connected joke in an Armani suit.
Thanks for the pep talk.
We got something.
Blood? Spatter pattern's consistent with an arterial spur.
Cut me a swatch.
Run it for Stephanie Sterling's DNA.
Pack it in guys We got what we came for.
On behalf of my family, I want to thank you for your support, for your cards, and for your prayers.
Thank you.
The guy looks pretty broken up.
They always do.
Ah, there's my girl.
Morning.
How's breakfast? Fine.
Because Flora can find whatever you like.
Irish Steel Cut oatmeal, Israeli yogurt Woman's a shopping ninja.
I've been having the same cereal since I was six, Dad.
Thanks.
No, I'm just saying, if you want to, you know, spice things up.
What's going on? Nothing.
Just having, uh, dinner with Rachel tonight.
Oh, cool.
Rachel's great.
Yeah, she is, and, you know, the thing is we'll probably come back here afterwards.
Okay.
And she may, you know still be here in the morning.
So? So, it's your house, too, and I just want to make sure that you're comfortable with my having an Sex.
overnight guests.
I think I can handle it.
You sure? Yeah.
I mean, Larry practically lived with us before he and Mom got engaged, and before that Okay, all right.
I get the picture.
Plus, this means I can have overnight guests, too, right? Let me put it to you this way.
If I ever catch a guy coming out of your room in the morning, I'm the one who's gonna need a lawyer.
Told you Judge Fenton wouldn't buy it.
Sorry, Madam D.
A.
You know, you throw it against the wall, sometimes it sticks.
Oh.
Did you really thinkyou could get a warrant for Sterling's house based on blood evidence obtained without a warrant? The blood was in plain view.
With a little help from forensic chemicals and an SID team.
Hey Look, this joker killed his wife.
But juries are funny they like to see actual evidence of the crime.
DNA tests confirmed that this was Stephanie Sterling's blood, all right? Oh! You know what? The only item that could still be setting this thing off is the metal plate inside my head.
So unless you guys got, like, a band saw, we're done here.
It's okay.
Thank you.
Where was I? Oh, you were telling me that juries are funny, but, see, the thing is, judges are funny, too they like evidence that's actually legally obtained.
Not to mention the minor issue that we don't have a body to prove a murder actually took place.
Details.
Sterling is a prominent surgeon, pillar of the community.
Pillar-shmillar he's our guy.
And meantime, it'd be nice if you gave me a little rope.
Maybe you'll get lucky, and I'll hang myself.
Okay, everybody, give it to me from the top.
Cops found Stephanie Sterling's SL-450 in a mall parking lot five hours after she went missing.
Homeless guy said he saw a man matching Sterling's description exit the vehicle around dawn.
Couldn't pick Sterling out of a photo array.
No help.
What else? Evidence of public discord between the couple an argument that had at Ganey's Restaurant two weeks ago.
Hello, guys.
Empty? Anybody hear what they fought about? No, but it's probative to the state of their marriage, right? How about it's probative to the fact they were married, period.
Just ask my ex.
How about phone calls the night of her disappearance? Sterling said he couldn't reach his wife on her cell phone all night.
He called his sister Yvonne at 12:36 a.
m.
and left a message, at 1:07 she calls him back, and they talk for about 30 minutes.
And at 6:34, he starts calling all his wife's friends and coworkers.
So he was worried.
About his alibi.
Where do we stand on motive? Multiple calls between Stephanie and hospital Chief of Staff Charlie Bender at odd hours in the months preceding her disappearance.
Good.
Bender's a player.
He trolls the clubs on Sunset.
So I hear.
Well, an affair gives us motive if we can prove it, but until then, we've got no ransom calls, no admissible evidence and no body.
Technically, we don't need a body for a murder prosecution.
That's true if you don't mind losing.
Well, I do mind sing, and thank you for the tip on corpus delicti, 'cause I forgot about that part of the first day of law school.
This guy, Mitchell Sterling, is stone-cold guilty.
How can you be so sure? Because I represented guys like Sterling.
I know guys like Sterling.
And he's lying through his teeth.
Whenever foul play is suspected in the disappearance of a woman, it's always the jealous husband.
It's like a cliché.
But the case is still circumstantial.
Which is why we have to make it a slam dunk, don't we? Martin, you and Casey go back at this hospital chief of staff, this Romeo, Charlie Bender.
Madeleine, I want you to interview everybody Sterling talked to that night.
The LAPD already covered that.
Well, then their work should serve as an excellent starting point for you.
Raina, you're with me.
We're gonna go back at Sterling while he's still in a cooperative mood.
This guy is smart.
We need to be smarter.
My attorney has to be here.
Dr.
Sterling has been incredibly cooperative.
I'm not sure why the D.
A.
is suddenly involved.
This is a major missing persons case.
We just want to make sure that the investigation is run properly.
It's okay, Gretchen, I'm grateful for Mr.
Stark's diligence.
You said you last saw your wife that morning.
Yes.
We had breakfast with our son, and then we each left for work.
Did you speak to her again that day? At lunch.
She said she needed to stay late because of a chemotherapy protocol.
Said she'd be home by 10:00.
Is it unusual for her to stay late? Not at all.
Stephanie's incredibly dedicated to her patients.
She She treated everybody like family.
Your wife's magnetic I.
D.
card indicates that she left the hospital at 9:32 p.
m.
Any idea where she would have gone? That's all I've been thinking about for the past two weeks.
I mean, until Stephanie disappeared, we We hadn't spent an evening apart for over 18 years.
Hey, buddy.
This is my sister Yvonne, my son Ethan.
These people are helping us find Mommy.
Okay? Let's go upstairs now, okay? Yvonne's been wonderful.
It's been incredibly hard for Ethan.
Uh, you called her the night your wife went missing, right? Stephanie and my sister are very close.
I thought my wife might have stopped by Yvonne's place.
A-And not called you? Well, it-it wasn't like her, but I was.
.
I was desperate.
I left a message saying that Stephanie was missing.
Yvonne got back to me a little while later saying everything would be okay.
I still believe that.
I have to.
May I use your bathroom? Of course.
Pretty fish.
You had them long? Except the rainbow.
Catfish ate my old one.
Yeah, I had fish when I was your age.
My dad's gonna get me a dog.
Wow.
Your dad must love you a lot.
When's the last time you saw your mom? It's okay, Ethan.
You can tell me.
Excuse me, can I help you? No.
Uh, I was just coming back from the bathroom, and, uh Dr.
Sterling doesn't want anyone talking to Ethan.
I was just They're waiting for you downstairs.
You think Sterling knows he's a suspect? Uh, he knew before we got here.
Curbow is the real thing.
The lawyer you call when you can't get me.
How'd you do with the kid? He definitely has something to say.
Unfortunately, the aunt showed up before he got a chance to say it.
We got to get Ethan alone.
Yeah, well, Sterling won't let anyone talk to him.
That's a parental prohibition, not a legal one.
Let me guess you have a plan, and I'm not gonna like it.
You're starting to get the hang of this thing.
I've known Mitchell 15 years.
He came here right out of residency.
In the space of five years, he was one of this country's top cardio-thoracic surgeons.
The only thing that he loves more than his work is his family.
So they had a strong marriage? Absolutely.
And Stephanie did she have any enemies? She's a pediatric oncologist.
I doubt there's any six-year-olds out there pissed off about their diagnosis.
That six-year-old might have an angry parent.
As Chief of Staff, I am under obligation to protect the privacy of our patients, and as the issue of doctor-patient privilege Dr.
Bender, we're not asking for her files.
All we want is a redacted list of patients and their outcomes.
Or we could get a subpoena, resolve this patient by patient.
How's your calendar look for the next month? I'll have the list messengered over.
Anything else? You told the police that your late-night phone conversations with Stephanie Sterling dealt with hospital expansion? Yes.
We're both on the planning committee.
We're building a new neonatal ICU wing.
That's interesting, because according to the Board of Directors Report, those expansion plans were scrapped due to a budget shortfall, and the planning committee was disbanded in July.
What the hell you getting at? If you and Stephanie Sterling were having a relationship, now's the time to tell us.
My private life is my business.
Not when your behavior becomes relevant in a missing persons case.
I'm done answering any questions until I speak with my lawyer.
Rachel.
Hey, beautiful.
Your dad told me you were moving in.
Pretty exciting? Well, for me anyway.
Are you kidding? He hasn't stopped talking about it.
He's over the moon that you're here.
Really? He never says anything.
That's just your dad.
In 18 months, the only time I've ever seen him emotional was when his humidor broke.
You two all caught up? Just talking about you behind your back.
As long as you're discussing how brilliant and handsome I am.
Oh, yeah.
So when are you going to let Rachel move in? Make an honest woman out of her.
Honest? She stole my clothes.
All this beauty in a confined space here.
The glare is killing me.
Okay.
We already have Hey, hey, slow down.
We already have Dr.
Sterling's permission to talk to Ethan.
I'm sorry.
Without a written authorization my hands are tied.
Oh, that's too bad, 'cause Dr.
Sterling's under so much stress.
We didn't want to bother him with something trivial like a consent form.
But if it has to be done, I suppose he'll understand the intrusion.
It's Principal Kuzman with a "K," right? Um, how long do you need with Ethan? Ten minutes tops.
He's at recess.
I'll have one of the aides bring him to you.
Thanks for your cooperation.
We'll be sure to pass it on to his father.
We're both going to hell.
Better parties.
Let's go.
Hi, Ethan.
Hey, do you remember me? You came to my house.
Right.
Hey, sit down.
I'm Raina.
This is Madeline.
She's trying to help find your mom, too.
Can we ask you a few questions? Yeah? Do you remember the morning you last saw your mom? Yes.
Did you see her again after that? No.
But I heard her.
When? That night.
I was supposed to be sleeping.
But my mom and dad were yelling.
What were they yelling about? I don't know.
What happened next? The yelling stopped.
Then my dad came into my room.
I pretended I was asleep, because I'm not supposed to be up so late.
Did you hear anything else? I heard the garage, and a car pulling away.
Then I fell asleep.
And what happened when you woke up? My dad said my mom didn't come home.
We had to look for her.
Did you tell your dad what you heard? No.
Hey, thanks for talking to us, Ethan.
You're welcome.
That ought to get us a search warrant.
As soon as we get back start practicing your opening.
Are you serious? You're second chair on this one.
Assuming you can handle it.
Definitely.
Are you sure we're not indicting Sterling too soon? Ethan's statement got us the warrant we needed for the blood evidence, but we're still relying on the testimony of a little kid.
As soon as the boy became a material witness we had to separate him from his father.
You really think Sterling would hurt his own son? I don't know, but leaving him alone with the one witness who could put him away for life That's not a chance I'm willing to take.
On September 7th, Mitchell Sterling confronted his wife, Stephanie, over an affair she'd been having with a coworker.
We don't have Stephanie Sterling's remains, because the defendant disposed of her body in a desperate attempt to conceal his crime.
But his behavior in the hours following his wife's disappearance will establish beyond any doubt that Mitchell Sterling slaughtered the mother of his child.
A young boy lost his mother.
A loving mother lost her life.
It's up to you to give them justice.
The only thing beyond doubt is that this is not a murder trial.
Because there is simply no proof that Dr.
Stephanie Sterling is dead.
All we have is a missing person.
Blood evidence from a foot wound.
Suffered when Mrs.
Sterling stepped on letter opener 11 months ago.
And wild speculation.
You'll hear from witnesses who saw Stephanie Sterling alive and well mere days before this trial.
But even if you disregard them and assume she was the victim of foul play, an assumption the law does not permit you to make without conclusive proof, it was not at the hands of her loving husband of 18 years.
A doctor.
Devoted to saving lives, not taking them.
The prosecution has made a tragic mistake.
Doctor Mitchell Sterling is not a murderer.
He is a husband and father.
Struggling to save his family.
Can someone please tell me how we missed a major injury to Stephanie Sterling's foot.
Look, I checked every ER in the county, there's no Her husband is a heart surgeon.
You don't think he can pop a couple of stitches into his wife's foot.
I rechecked the LAPD search inventory of Sterling's house, no letter opener.
Without a body the defense can claim whatever they want and we can't disprove it.
Now what about this parade of witnesses who supposedly just saw her.
Got it covered.
Parking lot at Staples last night, 3:00 AM, Tuesday at the Sav-on in Sherman Oaks and Saturday morning at the Santa Monica pier.
Nice, if everybody saw her then nobody saw her.
I want, uh, full statements and contact information.
Good work.
That is how you second chair.
Speak Oh, hey, Jules.
Uh, no you go ahead I have dinner plans.
Room service.
Hey, Rachel, come on in.
Actually I just came to drop something off some gazpacho and coccoco vanvan.
And there is enough for two.
So dig in.
Wow, thanks, uh, what's the big occasion? Well, your dad and I were supposed to have dinner tonight.
But he had to work late.
So rather than getting mad, I had a rare domestic goddess moment.
Oh, thanks, uh yeah, he's no, he's working, um but I'm sure he'll love this when he gets home from work.
Okay, well, I'll see you later.
Okay, thanks.
Mm-hmm, bye.
They'll be a man sitting in a tall chair, that's the judge.
And they'll be 12 people listening to everything you say.
Okay.
And you're a smart guy, Ethan.
And when smart guys testify in court they tell the truth, right? I guess.
And if you don't understand something you just ask Mr.
Stark to repeat it.
All right? Okay.
Do you remember the day you last saw your mom? Yes.
Could you please tell us when that was.
For breakfast.
She made me blueberry pancakes.
And did you see her again after that? No.
Did you hear her again after that? Answer her, Ethan.
No, I didn't hear her.
Your mom didn't come home that night? After she made you blueberry pancakes.
No.
You didn't hear your parents fighting, later that night when you were in bed? I was sleeping.
And you don't remember your dad coming in to check on you? I told you I was sleeping.
Do you remember what we talked about Ethan? It's your job to tell the truth.
That's enough.
This is a frightened little boy who's mother is missing.
If you don't like his testimony then don't call him as a witness.
Mrs.
Sterling, would you mind waiting outside for a few minutes while we speak to your nephew.
I'm not going anywhere.
We're going to need to speak to Ethan alone.
He's done talking.
Coaching a child in any way or influencing his testimony constitutes obstruction of justice.
Then arrest me, but we're done here.
Let's go, Ethan.
So, Ethan is going to be useless as a witness.
How do we get him back? We could impeach him with his earlier statements.
May not be enough.
We move to have the aunt disqualified as guardian.
That motion would never fly.
How do we establish she's unfit? If we demonstrate that she conspired with Sterling to cover-up evidence of his wife's murder, the judge will have to appoint a guardian ad litem for the remainder of the trial.
Good point, tough to prove.
Now look, the aunt is definitely the key, you're right about that, especially the phone calls between her and Sterling.
But if we can use Yvonne to prove that Sterling killed his wife then we don't need Ethan.
Bingo.
Would someone please tell me what she and the brother were yapping about at 1:30 in the morning.
Hello? Twenty-eight years of higher education, four minds, terrible thing to waste.
If Yvonne knows the truth and she's protecting her brother then they weren't talking about finding Stephanie.
They were figuring out what to do with the body.
If she's an accessory after the fact, we need her phone records.
Thanks, Casey, but I'm already on it.
The phone provider keeps throwing up roadblocks.
They're fighting the subpoena.
Trial started, so any day now.
Scut work takes time not everyone has your gift for it.
Ding, ding, neutral corners.
Are you guys kidding with this? Honestly, now can we assume that you looked into the other phone calls that Sterling made or does that take time, too? I spoke to everyone Sterling called.
He seemed agitated, concerned, in other words he's right on script the guy's good.
Well, we need to be better, so you and Casey go through Yvonne's phone records and try not to kill each other in the process.
Martin, Raina, with the kid waffling, we need to sure up motive.
We need hard proof that Bender and Stephanie were having an affair.
Innuendo won't cut it.
Bender lawyered up.
Well, then start thinking outside the box.
That goes for all of you.
And one more thing.
Casey's in court because he's got the highest Q rating on the team.
In a case where it looks like we are persecuting a grieving husband and trying to separate him from his child, we need that.
Court time will be assigned to whomever gives us the best chance to win.
Period.
I wasn't suggesting that I The point is there is only room for one ego on this team and it is walking out the door.
Oh, hey, kids.
Oh, you're still up.
Oh, I'm sorry.
Wow, uh, Amber, this is my daughter Julie.
Hi.
So, how do you two know each other? Uh, Amber's up from Palace Verdes, she helps actors get in shape for movies.
So you're a personal trainer? And a certified nutritionist.
Hyphen it.
So, Dad, you're still gonna come help me with my physics homework, right? I Pretty late now.
Maybe, uh maybe we could just hit it first thing in the morning.
You see the thing is, it's a really long chapter and totally complicated.
I'm sure you remember what it was like when you took physics, right Amber? I think maybe I'll take a rain check on that house tour, Sebastian.
Oh, no.
Please, don't I have an early client.
Nice work.
What the hell was that all about? Uh, Rachel came over with food for you tonight.
You told her you were working late, but you told me you had a dinner date.
Oh, don't worry.
I didn't blow your cover.
Rachel and I have an understanding, first of all, and I mean, since when do I have to clear my personal life with my daughter? You know, it would be nice if you gave me a list of who you wanted me to lie to so I don't screw anything up.
The defense is trying to preclude us from using Ethan's statement to rein in Madeline at his school.
Hold that, would ya? Thanks.
This just keeps getting better and better.
Ethan's family put Mr.
Stark's office on notice that it was supposed to have no unsupervised contact.
Your Honor, this motion should been made pretrial.
It should have been noticed and we should've had a chance to brief it.
Because there's a minor involved, I'm willing to ignore the procedural irregularities.
Now get to the substance, Mr.
Stark.
The boy is a material witness.
The wishes of the father who at the time of Ethan's questioning was a suspect in the killing of his son's mother are not paramount.
The only authority for that proposition is Sebastian Stark.
Really? You cite me one rule prohibiting the conversation at hand or method by which it was conducted.
Just one.
Hmm, well, that's the first intelligent thing you've said so far.
There may be no formal rule, but when two adults corner a small child and interrogate him, the boy's statements are the product of coercion and then, therefore, unreliable.
Your Honor I am precluding use of the boy's statements for any purpose.
And since these coerced statements were used to obtain the search warrant that yielded Stephanie Sterling's blood, and that blood was the basis for Mitchell Sterling's indictment, the defense moves for an immediate dismissal.
Nice try.
Thank you.
You delayed the suppression motion for strategic reasons and now you're stuck with a trial, that is assuming that the prosecution is still prepared to move forward.
Raring to go.
Well, that went well.
We just got an urgent message from the Medical Examiner's office.
Hopefully, my slab is waiting.
Hikers found her this afternoon in a shallow grave in the Angeles Forest.
Dental records ID'd her as Stephanie Sterling.
Decomposition places the approximate time of death pretty close to when she disappeared.
Cause of death? Fracture of the third and fourth vertebrae.
Severed the spinal cord.
Pretty instantaneous.
That's it? A broken neck? What about the cuts and the gashes, sucking wounds? No such indications.
Her blood was all over the house.
Well, she had a heeled three-inch laceration on her right foot.
Probably about a year old.
Those things bleed like hell.
Problem? Well, let me see.
I'm mid-trial with a murder theory directly contradicted by the victim's body and I just lost my key witness.
Sound like a problem to you? It's okay.
I get the Times delivered.
Yeah, then I assume you read the editorial calling the Sterling prosecution "hasty and ill-considered"? Relax.
Nobody in LA reads anything but the Calendar section.
Be straight with me.
Do we have the wrong guy? Read my lips No.
Stephanie Sterling's body I don't have to show how she was killed to get a conviction, Jessica.
You advanced a false theory to the jury.
They're not going to believe anything you say from now on.
So let me guess.
You want to cut and run? Given a choice between minor humiliation and major disaster? Mitchell Sterling killed his wife.
I can win this case! I know what I'm doing.
Present evidence to the contrary notwithstanding.
Is there anything you need? A jury with a short memory.
Anything off the phone records? The telephone provider finally released them.
We're going through them right now.
I told Stark we were moving too fast.
He's trying to protect a little boy.
If we lose, that little boy will be living with the man who killed his mother.
Yeah, that's why we can't lose.
Before you two throw down, hospital Chief of Staff's credit card statements.
He's been renting a room at a hotel called The Sunset Siesta twice a week for the past five months.
Isn't that where all the players in LA take their less-than-glamorous conquests? I'll check the player's handbook and get back to you.
We're going to bring the manager in.
Yeah.
Do we have a problem? Ah, pretty and sensitive.
Yum.
Have you ever seen Dr.
Bender? I'm afraid I don't recognize him.
Bender's been a guest 36 times since April.
We have a lot of guests.
I know you're in the discretion business, but a woman is dead.
Now, I promise you won't have to testify.
I should really be getting back.
Okay, Alex, here's the deal.
You talk to me now or your next guest will be the vice squad.
Now, the first time they spot a known escort on the premises I figure 30 seconds tops you're looking at a pimping rap for the ten percent that I know you're taking off the top.
You want to take another peek.
Fine.
He's a regular.
Can I go? Slow down.
He ever come in with this woman, Dr.
Stephanie Sterling? No.
We're talking large, sweaty vice cops, Alex.
Look again.
Trust me.
She's not his type.
So who is his type? Him.
We may have something.
Cyanide pills? 4:56 in the morning, Stephanie went missing, there's a call to Yvonne Sterling from a pay phone in the parking lot where Stephanie's SUV was found.
That explains how Sterling got home after he dumped his wife's body.
And it makes Yvonne an accessory after the fact.
All of which we can prove, right? Not yet.
But we found out Yvonne has voicemail through her service plan.
The phone company's database stores all deleted messages for 90 days.
We downloaded the eight-second message from her brother.
Outstanding.
Unfortunately, it's just dead air.
You're killing me.
And when you had the voicemail audio enhanced? Hello? Is this thing on? I was supposed to handle that.
My bad.
I'm on it.
So, let's review.
Our motive is shot because Bender isn't a playboy, Bender plays with boys.
And the Coroner's report tanks our theory that Sterling killed his wife in a bloody assault.
I need to start drinking during the day.
"My bad"? "I'm on it"? What the hell is that? I just fell on my sword for you.
The least you could say is thanks.
Thanks? You flirt with me when no one's looking, you stab me in the back till the boss calls you on it, then you pretend to step up to get back into his good graces.
You're a total freak.
So does that mean we're not grabbing a drink later? No bad news when I'm eating dead fish.
We got an alert from Sterling's bank.
He just withdrew a million dollars from an IRA.
A guy that high profile on the lam? We'll grab him before he hits the 405.
No, he's not going anywhere.
He's used the money to set up a living trust for his son.
What else? We cross-checked the four names on the Post-it in Stephanie's pocket with a list of suspects the LAPD eliminated earlier and we got a hit.
You're waiting for a drumroll? Alyssa Ferguson.
Her husband, Wes, died on Sterling's operating table last May.
The cops said she repeatedly threatened the Sterlings until they took out a restraining order.
But she alibied out.
Right, but Ferguson led us to Mitchell's patient file for the last ten years.
Turns out those last three names on the Post-it all died within the last 22 months in Sterling's O.
R.
Where are the hospital records? Signed out.
Take a wild guess.
Hmm hospital Chief of Staff Charlie Bender.
That's why he's the boss.
That's why I'm the boss.
What about a subpoena? Being served as we speak.
Bender doesn't cough up those files, he's going to jail.
I'm gonna say this once.
If I am ever quoted, I will deny it.
Damn good work.
BP's 110 over 70.
Pulse 72.
More suction please.
Doctor, do you need a minute? What I need is more light.
How many times do I have to ask? Bingo! Patient's name is Wes Ferguson.
Double bypass, didn't make it.
What is this, show and tell? More like a film festival.
We have three more videos like this, same deal.
Sterling looks confused, complains about the light, then his patient goes toes up.
What does this have to do with Dr.
Bender? The names of the four dead patients were found on Stephanie Sterling's body.
Their files were in your client's possession.
What are the odds? Serious long shot.
My client is Chief of Staff.
He regularly reviews Enough! I'm up to my eyeballs in your client's equine excrement.
Here's a question Chuck.
Do you enjoy practicing medicine? Because if you don't tell me every single thing you know about Stephanie Sterling's death right now the State Medical Board is gonna have a little film festival all their own.
We want full immunity.
Talk.
A few months ago, Stephanie came into my office.
She told me that Mitchell has macular degeneration Wait a minute.
Sterling's going blind? Yes.
Stephanie was pressuring him to stop operating, but he was in denial she asked me to intervene.
And did you? It was a complicated situation.
You knew he was going blind, but you still let him cut in to people.
I was trying to protect the hospital and a doctor who has saved hundreds of lives.
Not to mention your own skin.
You knew damn well what would happen if it came out that you let a blind surgeon operate.
Did Sterling kill his wife? I honestly don't know.
But the day Stephanie disappeared, she threatened to go to the Medical Board unless I revoked Mitchell's surgical privileges.
I found Mitchell later that day.
Told him he was done as a surgeon.
Did you tell him why? Yes.
Though I didn't tell him how I found out.
You're gonna testify to this, chapter and verse.
And if you ever wonder why people hate doctors take a look in the mirror.
I don't hear anything, Lewis.
Exactly.
Now here's the voicemail enhanced.
What the hell is that? The only significant ambient sound on the voice message.
I isolated the sound wave pattern, modulated the frequency Lewis.
English.
Bubbles.
Bubbles? Bubbles.
Ethan has a huge fish tank in his room.
According to Dr.
Sterling's written statement to the cops, he called his sister the first time from the kitchen phone.
But the call had to come from Ethan's room.
Okay, how do we know Sterling didn't place the call from the kid's phone? Because Sterling said that he left Yvonne a message.
But there was no message which means that Sterling lied and the only reason for him to lie is to cover for his son's call.
So, why was Ethan calling his aunt? He hears his parents fighting.
He gets scared, calls his aunt and hangs up when the voicemail kicks in.
Aunt gets home, hears the blank message, checks caller ID, calls Sterling and the cover-up's on.
What kind of a man uses his own son to cover-up his wife's murder? I think we know what kind of a man.
Maybe we don't.
Well, let's see.
He kills his wife to save his career and then he dumps her in the woods and then he gets his son to lie for him.
What don't you get? Listen, Miss Sunshine, in case you haven't noticed, we don't have a strategy.
We were wrong on cause of death.
We were wrong on the affair.
By my count that means we don't get another strike.
Bender gives us motive, so now we just need a witness.
I say we squeeze the aunt.
She'll never flip on her brother.
Forget the aunt.
The boy.
You want to go after Ethan? I want to win.
The judge won't let us touch him.
Hold on.
Ethan's statement at the school is excluded as unreliable, but the voicemail message proves independently that he was awake and that he called his aunt.
I want an emergency motion to reconsider the use of Ethan's out of court statements on the judge's desk by the end of the day.
You're really gonna put a child who just lost his mother on the stand and then tear him apart? That's exactly what I'm gonna do.
This thing could backfire big time.
We grill Ethan, we could alienate the jury.
Even if he gives us what we want, the sympathy factor could swing the case to Sterling.
We may not recover.
You got a better idea? I'm all ears.
Thank you.
Ready for your close-up? Good morning.
Good morning.
Turn this way.
Turn around.
The witness has already been sworn in chambers.
You may proceed, Mr.
Stark.
Ethan, my name is Mr.
Stark.
We've met, haven't we? Yes.
And you see these two ladies sitting here? That's Raina Troy and Madeleine Poe.
They work with me.
They came to your school to speak with you, didn't they? Uh huh And they asked you when you last saw your mom.
Objection.
Hearsay.
Overruled.
You may answer, Ethan.
Yes.
What did you tell them? I saw her in the morning.
And then they asked you if she came back home later that night, right? Yes.
And what did you tell them? I don't know.
Didn't you tell them that she did come back later that night? I can't remember.
Didn't you tell Madeleine and Raina a very different story in my office just a few days ago? I don't know.
Do you love your Dad? Yes.
Why? Because he's my dad.
And if he asked you to do something, you'd do it, right? Yes.
I mean, you'd do anything your Dad asked you, probably, right? Yes.
Would you lie for him? Objection.
Overruled.
The question is would you lie for your dad? I know this is tough, Ethan.
and I don't think it's very fair.
But I need you to answer the question, son.
Would the court please direct the witness to answer.
Stop.
Leave him alone.
I'll tell you what you want to know.
Before I say anything, I'd like a few minutes with my son.
Give a full statement first.
Then you see Ethan.
Your wife told Dr.
Bender about your medical condition.
Bender suspended you.
That brings us to the fateful night.
Stephanie was at the lab.
She was working late.
When she came home, we started arguing.
About her going behind your back.
I felt betrayed.
Being a surgeon was my life.
I knew I could still operate save people.
I thought of losing all of that.
What happened next? Things escalated.
Stephanie said that I was being selfish putting people at risk.
She called me a Keep going, Dr.
Sterling.
She called me a murderer.
I never raised a hand to her before but I slapped her.
She was standing right next to the stairs and she fell backward.
There was nothing I could do.
It was an accident? Yes.
I would never harm the mother of my child.
I loved Stephanie with all my heart.
I would have died for her.
Then why all this? Why the lies? Why make your son a part of it? I did it for my son.
He'd already lost one parent, I couldn't let him lose the other.
Justice was done.
A.
D.
A.
Casey Woodland will answer all further questions.
Thank you, thank you so mu.
Thank you, thank you.
Four to eight? After all that, you let the guy plead to manslaughter and you sign off on four to eight? Nice job, Sebastian.
You were right, Sebastian, you know? I think I'd like to bear your love child, Sebastian.
Well, you asked me for rope.
I never thought you'd use it to throw the guy a lifeline.
Well, you pay me to win; I won.
Sterling's going to jail.
Yeah, admit it, you were wrong about this guy.
I said he did it; he did it.
Yeah, he wasn't exactly the cold-blooded killer you thought he was which is why you put the boy on the stand.
'Cause you knew Sterling would do the right thing.
The guy put a million bucks in trust for his kid.
I thought it was a good bet.
And what if he hadn't stopped you? Would you still have destroyed Ethan? Hold it a second.
Thank you.
We shouldn't be doing this.
This is bad.
I don't even like you.
I don't like you either.
Saw you on TV.
Yeah, no winners in that one.
Except you.
Uh, want to grab a bite at, uh, Fabenni? Maurizio owes me one.
I already ate.
Well, probably better.
Pasta goes right to my butt.
Listen.
I've been living alone a really long time.
You don't owe me an explanation.
You're right, I don't, so this one's on the house.
Rachel's great.
I care about her very much, but I-I can't give her what she wants.
Why not? I tried with your mom.
The word "fiasco" leaps to mind.
So for the rest of your life, you're never going to commit to another woman.
Actually, I already have.
Why not let me go right now? We're starting a high-profile crime unit in the D.
A.
's Office.
Nail rich folks with fancy lawyers like you.
What schmo would take that job? Come on.
Me, a prosecutor? I eat prosecutors for breakfast.
They're my main source of fiber.
Trial is war.
Second place is death.
Truth is relative.
Pick one that works.
This place rocks the planet.
Narcotics Division must be pissed.
Like working at a real firm.
Minus the salary.
Having reached the age of 16, you must now designate which parent will act as custodian until your 18th birthday.
I choose to live with my dad.
I love that you are here, and I thought we were doing better.
You seemed less pissed off at me, and now it's just.
.
No one said this was gonna be easy.
You are a good attorney, but the people in your office, they I don't know, what's the word I'm looking for oh, yeah suck! Well, this should be fun.
It's been 13 days since my wife disappeared.
Stephanie is a loving mother, a devoted partner and a gifted doctor.
These are-are never roles she would willingly walk away from.
But in my heart, I have hope.
I know Stephanie is out there.
We We miss her.
So I'm begging you, please, help us find her.
Guy must be a hell of a heart surgeon to afford a house like this.
He's a rock star.
Without him, that hospital would be a taco stand.
Stark.
What have you got, Detective? You sure this is kosher? Do I look like a rabbi? Sterling allowed us in to monitor the trap and trace on his phone.
Now we're tossing the place.
What's the basis? The basis is, I have a law degree, and, hey, you don't.
I can see why the cops love you.
I'd rather be feared than loved.
A search warrant would've been nice.
Too bad my crack team couldn't manufacture probable cause.
We've been killing ourselves trying to build a case against this guy.
I've heard all the whining, okay? But what I haven't heard are results, and until I hear them, I'm just talking to a well- connected joke in an Armani suit.
Thanks for the pep talk.
We got something.
Blood? Spatter pattern's consistent with an arterial spur.
Cut me a swatch.
Run it for Stephanie Sterling's DNA.
Pack it in guys We got what we came for.
On behalf of my family, I want to thank you for your support, for your cards, and for your prayers.
Thank you.
The guy looks pretty broken up.
They always do.
Ah, there's my girl.
Morning.
How's breakfast? Fine.
Because Flora can find whatever you like.
Irish Steel Cut oatmeal, Israeli yogurt Woman's a shopping ninja.
I've been having the same cereal since I was six, Dad.
Thanks.
No, I'm just saying, if you want to, you know, spice things up.
What's going on? Nothing.
Just having, uh, dinner with Rachel tonight.
Oh, cool.
Rachel's great.
Yeah, she is, and, you know, the thing is we'll probably come back here afterwards.
Okay.
And she may, you know still be here in the morning.
So? So, it's your house, too, and I just want to make sure that you're comfortable with my having an Sex.
overnight guests.
I think I can handle it.
You sure? Yeah.
I mean, Larry practically lived with us before he and Mom got engaged, and before that Okay, all right.
I get the picture.
Plus, this means I can have overnight guests, too, right? Let me put it to you this way.
If I ever catch a guy coming out of your room in the morning, I'm the one who's gonna need a lawyer.
Told you Judge Fenton wouldn't buy it.
Sorry, Madam D.
A.
You know, you throw it against the wall, sometimes it sticks.
Oh.
Did you really thinkyou could get a warrant for Sterling's house based on blood evidence obtained without a warrant? The blood was in plain view.
With a little help from forensic chemicals and an SID team.
Hey Look, this joker killed his wife.
But juries are funny they like to see actual evidence of the crime.
DNA tests confirmed that this was Stephanie Sterling's blood, all right? Oh! You know what? The only item that could still be setting this thing off is the metal plate inside my head.
So unless you guys got, like, a band saw, we're done here.
It's okay.
Thank you.
Where was I? Oh, you were telling me that juries are funny, but, see, the thing is, judges are funny, too they like evidence that's actually legally obtained.
Not to mention the minor issue that we don't have a body to prove a murder actually took place.
Details.
Sterling is a prominent surgeon, pillar of the community.
Pillar-shmillar he's our guy.
And meantime, it'd be nice if you gave me a little rope.
Maybe you'll get lucky, and I'll hang myself.
Okay, everybody, give it to me from the top.
Cops found Stephanie Sterling's SL-450 in a mall parking lot five hours after she went missing.
Homeless guy said he saw a man matching Sterling's description exit the vehicle around dawn.
Couldn't pick Sterling out of a photo array.
No help.
What else? Evidence of public discord between the couple an argument that had at Ganey's Restaurant two weeks ago.
Hello, guys.
Empty? Anybody hear what they fought about? No, but it's probative to the state of their marriage, right? How about it's probative to the fact they were married, period.
Just ask my ex.
How about phone calls the night of her disappearance? Sterling said he couldn't reach his wife on her cell phone all night.
He called his sister Yvonne at 12:36 a.
m.
and left a message, at 1:07 she calls him back, and they talk for about 30 minutes.
And at 6:34, he starts calling all his wife's friends and coworkers.
So he was worried.
About his alibi.
Where do we stand on motive? Multiple calls between Stephanie and hospital Chief of Staff Charlie Bender at odd hours in the months preceding her disappearance.
Good.
Bender's a player.
He trolls the clubs on Sunset.
So I hear.
Well, an affair gives us motive if we can prove it, but until then, we've got no ransom calls, no admissible evidence and no body.
Technically, we don't need a body for a murder prosecution.
That's true if you don't mind losing.
Well, I do mind sing, and thank you for the tip on corpus delicti, 'cause I forgot about that part of the first day of law school.
This guy, Mitchell Sterling, is stone-cold guilty.
How can you be so sure? Because I represented guys like Sterling.
I know guys like Sterling.
And he's lying through his teeth.
Whenever foul play is suspected in the disappearance of a woman, it's always the jealous husband.
It's like a cliché.
But the case is still circumstantial.
Which is why we have to make it a slam dunk, don't we? Martin, you and Casey go back at this hospital chief of staff, this Romeo, Charlie Bender.
Madeleine, I want you to interview everybody Sterling talked to that night.
The LAPD already covered that.
Well, then their work should serve as an excellent starting point for you.
Raina, you're with me.
We're gonna go back at Sterling while he's still in a cooperative mood.
This guy is smart.
We need to be smarter.
My attorney has to be here.
Dr.
Sterling has been incredibly cooperative.
I'm not sure why the D.
A.
is suddenly involved.
This is a major missing persons case.
We just want to make sure that the investigation is run properly.
It's okay, Gretchen, I'm grateful for Mr.
Stark's diligence.
You said you last saw your wife that morning.
Yes.
We had breakfast with our son, and then we each left for work.
Did you speak to her again that day? At lunch.
She said she needed to stay late because of a chemotherapy protocol.
Said she'd be home by 10:00.
Is it unusual for her to stay late? Not at all.
Stephanie's incredibly dedicated to her patients.
She She treated everybody like family.
Your wife's magnetic I.
D.
card indicates that she left the hospital at 9:32 p.
m.
Any idea where she would have gone? That's all I've been thinking about for the past two weeks.
I mean, until Stephanie disappeared, we We hadn't spent an evening apart for over 18 years.
Hey, buddy.
This is my sister Yvonne, my son Ethan.
These people are helping us find Mommy.
Okay? Let's go upstairs now, okay? Yvonne's been wonderful.
It's been incredibly hard for Ethan.
Uh, you called her the night your wife went missing, right? Stephanie and my sister are very close.
I thought my wife might have stopped by Yvonne's place.
A-And not called you? Well, it-it wasn't like her, but I was.
.
I was desperate.
I left a message saying that Stephanie was missing.
Yvonne got back to me a little while later saying everything would be okay.
I still believe that.
I have to.
May I use your bathroom? Of course.
Pretty fish.
You had them long? Except the rainbow.
Catfish ate my old one.
Yeah, I had fish when I was your age.
My dad's gonna get me a dog.
Wow.
Your dad must love you a lot.
When's the last time you saw your mom? It's okay, Ethan.
You can tell me.
Excuse me, can I help you? No.
Uh, I was just coming back from the bathroom, and, uh Dr.
Sterling doesn't want anyone talking to Ethan.
I was just They're waiting for you downstairs.
You think Sterling knows he's a suspect? Uh, he knew before we got here.
Curbow is the real thing.
The lawyer you call when you can't get me.
How'd you do with the kid? He definitely has something to say.
Unfortunately, the aunt showed up before he got a chance to say it.
We got to get Ethan alone.
Yeah, well, Sterling won't let anyone talk to him.
That's a parental prohibition, not a legal one.
Let me guess you have a plan, and I'm not gonna like it.
You're starting to get the hang of this thing.
I've known Mitchell 15 years.
He came here right out of residency.
In the space of five years, he was one of this country's top cardio-thoracic surgeons.
The only thing that he loves more than his work is his family.
So they had a strong marriage? Absolutely.
And Stephanie did she have any enemies? She's a pediatric oncologist.
I doubt there's any six-year-olds out there pissed off about their diagnosis.
That six-year-old might have an angry parent.
As Chief of Staff, I am under obligation to protect the privacy of our patients, and as the issue of doctor-patient privilege Dr.
Bender, we're not asking for her files.
All we want is a redacted list of patients and their outcomes.
Or we could get a subpoena, resolve this patient by patient.
How's your calendar look for the next month? I'll have the list messengered over.
Anything else? You told the police that your late-night phone conversations with Stephanie Sterling dealt with hospital expansion? Yes.
We're both on the planning committee.
We're building a new neonatal ICU wing.
That's interesting, because according to the Board of Directors Report, those expansion plans were scrapped due to a budget shortfall, and the planning committee was disbanded in July.
What the hell you getting at? If you and Stephanie Sterling were having a relationship, now's the time to tell us.
My private life is my business.
Not when your behavior becomes relevant in a missing persons case.
I'm done answering any questions until I speak with my lawyer.
Rachel.
Hey, beautiful.
Your dad told me you were moving in.
Pretty exciting? Well, for me anyway.
Are you kidding? He hasn't stopped talking about it.
He's over the moon that you're here.
Really? He never says anything.
That's just your dad.
In 18 months, the only time I've ever seen him emotional was when his humidor broke.
You two all caught up? Just talking about you behind your back.
As long as you're discussing how brilliant and handsome I am.
Oh, yeah.
So when are you going to let Rachel move in? Make an honest woman out of her.
Honest? She stole my clothes.
All this beauty in a confined space here.
The glare is killing me.
Okay.
We already have Hey, hey, slow down.
We already have Dr.
Sterling's permission to talk to Ethan.
I'm sorry.
Without a written authorization my hands are tied.
Oh, that's too bad, 'cause Dr.
Sterling's under so much stress.
We didn't want to bother him with something trivial like a consent form.
But if it has to be done, I suppose he'll understand the intrusion.
It's Principal Kuzman with a "K," right? Um, how long do you need with Ethan? Ten minutes tops.
He's at recess.
I'll have one of the aides bring him to you.
Thanks for your cooperation.
We'll be sure to pass it on to his father.
We're both going to hell.
Better parties.
Let's go.
Hi, Ethan.
Hey, do you remember me? You came to my house.
Right.
Hey, sit down.
I'm Raina.
This is Madeline.
She's trying to help find your mom, too.
Can we ask you a few questions? Yeah? Do you remember the morning you last saw your mom? Yes.
Did you see her again after that? No.
But I heard her.
When? That night.
I was supposed to be sleeping.
But my mom and dad were yelling.
What were they yelling about? I don't know.
What happened next? The yelling stopped.
Then my dad came into my room.
I pretended I was asleep, because I'm not supposed to be up so late.
Did you hear anything else? I heard the garage, and a car pulling away.
Then I fell asleep.
And what happened when you woke up? My dad said my mom didn't come home.
We had to look for her.
Did you tell your dad what you heard? No.
Hey, thanks for talking to us, Ethan.
You're welcome.
That ought to get us a search warrant.
As soon as we get back start practicing your opening.
Are you serious? You're second chair on this one.
Assuming you can handle it.
Definitely.
Are you sure we're not indicting Sterling too soon? Ethan's statement got us the warrant we needed for the blood evidence, but we're still relying on the testimony of a little kid.
As soon as the boy became a material witness we had to separate him from his father.
You really think Sterling would hurt his own son? I don't know, but leaving him alone with the one witness who could put him away for life That's not a chance I'm willing to take.
On September 7th, Mitchell Sterling confronted his wife, Stephanie, over an affair she'd been having with a coworker.
We don't have Stephanie Sterling's remains, because the defendant disposed of her body in a desperate attempt to conceal his crime.
But his behavior in the hours following his wife's disappearance will establish beyond any doubt that Mitchell Sterling slaughtered the mother of his child.
A young boy lost his mother.
A loving mother lost her life.
It's up to you to give them justice.
The only thing beyond doubt is that this is not a murder trial.
Because there is simply no proof that Dr.
Stephanie Sterling is dead.
All we have is a missing person.
Blood evidence from a foot wound.
Suffered when Mrs.
Sterling stepped on letter opener 11 months ago.
And wild speculation.
You'll hear from witnesses who saw Stephanie Sterling alive and well mere days before this trial.
But even if you disregard them and assume she was the victim of foul play, an assumption the law does not permit you to make without conclusive proof, it was not at the hands of her loving husband of 18 years.
A doctor.
Devoted to saving lives, not taking them.
The prosecution has made a tragic mistake.
Doctor Mitchell Sterling is not a murderer.
He is a husband and father.
Struggling to save his family.
Can someone please tell me how we missed a major injury to Stephanie Sterling's foot.
Look, I checked every ER in the county, there's no Her husband is a heart surgeon.
You don't think he can pop a couple of stitches into his wife's foot.
I rechecked the LAPD search inventory of Sterling's house, no letter opener.
Without a body the defense can claim whatever they want and we can't disprove it.
Now what about this parade of witnesses who supposedly just saw her.
Got it covered.
Parking lot at Staples last night, 3:00 AM, Tuesday at the Sav-on in Sherman Oaks and Saturday morning at the Santa Monica pier.
Nice, if everybody saw her then nobody saw her.
I want, uh, full statements and contact information.
Good work.
That is how you second chair.
Speak Oh, hey, Jules.
Uh, no you go ahead I have dinner plans.
Room service.
Hey, Rachel, come on in.
Actually I just came to drop something off some gazpacho and coccoco vanvan.
And there is enough for two.
So dig in.
Wow, thanks, uh, what's the big occasion? Well, your dad and I were supposed to have dinner tonight.
But he had to work late.
So rather than getting mad, I had a rare domestic goddess moment.
Oh, thanks, uh yeah, he's no, he's working, um but I'm sure he'll love this when he gets home from work.
Okay, well, I'll see you later.
Okay, thanks.
Mm-hmm, bye.
They'll be a man sitting in a tall chair, that's the judge.
And they'll be 12 people listening to everything you say.
Okay.
And you're a smart guy, Ethan.
And when smart guys testify in court they tell the truth, right? I guess.
And if you don't understand something you just ask Mr.
Stark to repeat it.
All right? Okay.
Do you remember the day you last saw your mom? Yes.
Could you please tell us when that was.
For breakfast.
She made me blueberry pancakes.
And did you see her again after that? No.
Did you hear her again after that? Answer her, Ethan.
No, I didn't hear her.
Your mom didn't come home that night? After she made you blueberry pancakes.
No.
You didn't hear your parents fighting, later that night when you were in bed? I was sleeping.
And you don't remember your dad coming in to check on you? I told you I was sleeping.
Do you remember what we talked about Ethan? It's your job to tell the truth.
That's enough.
This is a frightened little boy who's mother is missing.
If you don't like his testimony then don't call him as a witness.
Mrs.
Sterling, would you mind waiting outside for a few minutes while we speak to your nephew.
I'm not going anywhere.
We're going to need to speak to Ethan alone.
He's done talking.
Coaching a child in any way or influencing his testimony constitutes obstruction of justice.
Then arrest me, but we're done here.
Let's go, Ethan.
So, Ethan is going to be useless as a witness.
How do we get him back? We could impeach him with his earlier statements.
May not be enough.
We move to have the aunt disqualified as guardian.
That motion would never fly.
How do we establish she's unfit? If we demonstrate that she conspired with Sterling to cover-up evidence of his wife's murder, the judge will have to appoint a guardian ad litem for the remainder of the trial.
Good point, tough to prove.
Now look, the aunt is definitely the key, you're right about that, especially the phone calls between her and Sterling.
But if we can use Yvonne to prove that Sterling killed his wife then we don't need Ethan.
Bingo.
Would someone please tell me what she and the brother were yapping about at 1:30 in the morning.
Hello? Twenty-eight years of higher education, four minds, terrible thing to waste.
If Yvonne knows the truth and she's protecting her brother then they weren't talking about finding Stephanie.
They were figuring out what to do with the body.
If she's an accessory after the fact, we need her phone records.
Thanks, Casey, but I'm already on it.
The phone provider keeps throwing up roadblocks.
They're fighting the subpoena.
Trial started, so any day now.
Scut work takes time not everyone has your gift for it.
Ding, ding, neutral corners.
Are you guys kidding with this? Honestly, now can we assume that you looked into the other phone calls that Sterling made or does that take time, too? I spoke to everyone Sterling called.
He seemed agitated, concerned, in other words he's right on script the guy's good.
Well, we need to be better, so you and Casey go through Yvonne's phone records and try not to kill each other in the process.
Martin, Raina, with the kid waffling, we need to sure up motive.
We need hard proof that Bender and Stephanie were having an affair.
Innuendo won't cut it.
Bender lawyered up.
Well, then start thinking outside the box.
That goes for all of you.
And one more thing.
Casey's in court because he's got the highest Q rating on the team.
In a case where it looks like we are persecuting a grieving husband and trying to separate him from his child, we need that.
Court time will be assigned to whomever gives us the best chance to win.
Period.
I wasn't suggesting that I The point is there is only room for one ego on this team and it is walking out the door.
Oh, hey, kids.
Oh, you're still up.
Oh, I'm sorry.
Wow, uh, Amber, this is my daughter Julie.
Hi.
So, how do you two know each other? Uh, Amber's up from Palace Verdes, she helps actors get in shape for movies.
So you're a personal trainer? And a certified nutritionist.
Hyphen it.
So, Dad, you're still gonna come help me with my physics homework, right? I Pretty late now.
Maybe, uh maybe we could just hit it first thing in the morning.
You see the thing is, it's a really long chapter and totally complicated.
I'm sure you remember what it was like when you took physics, right Amber? I think maybe I'll take a rain check on that house tour, Sebastian.
Oh, no.
Please, don't I have an early client.
Nice work.
What the hell was that all about? Uh, Rachel came over with food for you tonight.
You told her you were working late, but you told me you had a dinner date.
Oh, don't worry.
I didn't blow your cover.
Rachel and I have an understanding, first of all, and I mean, since when do I have to clear my personal life with my daughter? You know, it would be nice if you gave me a list of who you wanted me to lie to so I don't screw anything up.
The defense is trying to preclude us from using Ethan's statement to rein in Madeline at his school.
Hold that, would ya? Thanks.
This just keeps getting better and better.
Ethan's family put Mr.
Stark's office on notice that it was supposed to have no unsupervised contact.
Your Honor, this motion should been made pretrial.
It should have been noticed and we should've had a chance to brief it.
Because there's a minor involved, I'm willing to ignore the procedural irregularities.
Now get to the substance, Mr.
Stark.
The boy is a material witness.
The wishes of the father who at the time of Ethan's questioning was a suspect in the killing of his son's mother are not paramount.
The only authority for that proposition is Sebastian Stark.
Really? You cite me one rule prohibiting the conversation at hand or method by which it was conducted.
Just one.
Hmm, well, that's the first intelligent thing you've said so far.
There may be no formal rule, but when two adults corner a small child and interrogate him, the boy's statements are the product of coercion and then, therefore, unreliable.
Your Honor I am precluding use of the boy's statements for any purpose.
And since these coerced statements were used to obtain the search warrant that yielded Stephanie Sterling's blood, and that blood was the basis for Mitchell Sterling's indictment, the defense moves for an immediate dismissal.
Nice try.
Thank you.
You delayed the suppression motion for strategic reasons and now you're stuck with a trial, that is assuming that the prosecution is still prepared to move forward.
Raring to go.
Well, that went well.
We just got an urgent message from the Medical Examiner's office.
Hopefully, my slab is waiting.
Hikers found her this afternoon in a shallow grave in the Angeles Forest.
Dental records ID'd her as Stephanie Sterling.
Decomposition places the approximate time of death pretty close to when she disappeared.
Cause of death? Fracture of the third and fourth vertebrae.
Severed the spinal cord.
Pretty instantaneous.
That's it? A broken neck? What about the cuts and the gashes, sucking wounds? No such indications.
Her blood was all over the house.
Well, she had a heeled three-inch laceration on her right foot.
Probably about a year old.
Those things bleed like hell.
Problem? Well, let me see.
I'm mid-trial with a murder theory directly contradicted by the victim's body and I just lost my key witness.
Sound like a problem to you? It's okay.
I get the Times delivered.
Yeah, then I assume you read the editorial calling the Sterling prosecution "hasty and ill-considered"? Relax.
Nobody in LA reads anything but the Calendar section.
Be straight with me.
Do we have the wrong guy? Read my lips No.
Stephanie Sterling's body I don't have to show how she was killed to get a conviction, Jessica.
You advanced a false theory to the jury.
They're not going to believe anything you say from now on.
So let me guess.
You want to cut and run? Given a choice between minor humiliation and major disaster? Mitchell Sterling killed his wife.
I can win this case! I know what I'm doing.
Present evidence to the contrary notwithstanding.
Is there anything you need? A jury with a short memory.
Anything off the phone records? The telephone provider finally released them.
We're going through them right now.
I told Stark we were moving too fast.
He's trying to protect a little boy.
If we lose, that little boy will be living with the man who killed his mother.
Yeah, that's why we can't lose.
Before you two throw down, hospital Chief of Staff's credit card statements.
He's been renting a room at a hotel called The Sunset Siesta twice a week for the past five months.
Isn't that where all the players in LA take their less-than-glamorous conquests? I'll check the player's handbook and get back to you.
We're going to bring the manager in.
Yeah.
Do we have a problem? Ah, pretty and sensitive.
Yum.
Have you ever seen Dr.
Bender? I'm afraid I don't recognize him.
Bender's been a guest 36 times since April.
We have a lot of guests.
I know you're in the discretion business, but a woman is dead.
Now, I promise you won't have to testify.
I should really be getting back.
Okay, Alex, here's the deal.
You talk to me now or your next guest will be the vice squad.
Now, the first time they spot a known escort on the premises I figure 30 seconds tops you're looking at a pimping rap for the ten percent that I know you're taking off the top.
You want to take another peek.
Fine.
He's a regular.
Can I go? Slow down.
He ever come in with this woman, Dr.
Stephanie Sterling? No.
We're talking large, sweaty vice cops, Alex.
Look again.
Trust me.
She's not his type.
So who is his type? Him.
We may have something.
Cyanide pills? 4:56 in the morning, Stephanie went missing, there's a call to Yvonne Sterling from a pay phone in the parking lot where Stephanie's SUV was found.
That explains how Sterling got home after he dumped his wife's body.
And it makes Yvonne an accessory after the fact.
All of which we can prove, right? Not yet.
But we found out Yvonne has voicemail through her service plan.
The phone company's database stores all deleted messages for 90 days.
We downloaded the eight-second message from her brother.
Outstanding.
Unfortunately, it's just dead air.
You're killing me.
And when you had the voicemail audio enhanced? Hello? Is this thing on? I was supposed to handle that.
My bad.
I'm on it.
So, let's review.
Our motive is shot because Bender isn't a playboy, Bender plays with boys.
And the Coroner's report tanks our theory that Sterling killed his wife in a bloody assault.
I need to start drinking during the day.
"My bad"? "I'm on it"? What the hell is that? I just fell on my sword for you.
The least you could say is thanks.
Thanks? You flirt with me when no one's looking, you stab me in the back till the boss calls you on it, then you pretend to step up to get back into his good graces.
You're a total freak.
So does that mean we're not grabbing a drink later? No bad news when I'm eating dead fish.
We got an alert from Sterling's bank.
He just withdrew a million dollars from an IRA.
A guy that high profile on the lam? We'll grab him before he hits the 405.
No, he's not going anywhere.
He's used the money to set up a living trust for his son.
What else? We cross-checked the four names on the Post-it in Stephanie's pocket with a list of suspects the LAPD eliminated earlier and we got a hit.
You're waiting for a drumroll? Alyssa Ferguson.
Her husband, Wes, died on Sterling's operating table last May.
The cops said she repeatedly threatened the Sterlings until they took out a restraining order.
But she alibied out.
Right, but Ferguson led us to Mitchell's patient file for the last ten years.
Turns out those last three names on the Post-it all died within the last 22 months in Sterling's O.
R.
Where are the hospital records? Signed out.
Take a wild guess.
Hmm hospital Chief of Staff Charlie Bender.
That's why he's the boss.
That's why I'm the boss.
What about a subpoena? Being served as we speak.
Bender doesn't cough up those files, he's going to jail.
I'm gonna say this once.
If I am ever quoted, I will deny it.
Damn good work.
BP's 110 over 70.
Pulse 72.
More suction please.
Doctor, do you need a minute? What I need is more light.
How many times do I have to ask? Bingo! Patient's name is Wes Ferguson.
Double bypass, didn't make it.
What is this, show and tell? More like a film festival.
We have three more videos like this, same deal.
Sterling looks confused, complains about the light, then his patient goes toes up.
What does this have to do with Dr.
Bender? The names of the four dead patients were found on Stephanie Sterling's body.
Their files were in your client's possession.
What are the odds? Serious long shot.
My client is Chief of Staff.
He regularly reviews Enough! I'm up to my eyeballs in your client's equine excrement.
Here's a question Chuck.
Do you enjoy practicing medicine? Because if you don't tell me every single thing you know about Stephanie Sterling's death right now the State Medical Board is gonna have a little film festival all their own.
We want full immunity.
Talk.
A few months ago, Stephanie came into my office.
She told me that Mitchell has macular degeneration Wait a minute.
Sterling's going blind? Yes.
Stephanie was pressuring him to stop operating, but he was in denial she asked me to intervene.
And did you? It was a complicated situation.
You knew he was going blind, but you still let him cut in to people.
I was trying to protect the hospital and a doctor who has saved hundreds of lives.
Not to mention your own skin.
You knew damn well what would happen if it came out that you let a blind surgeon operate.
Did Sterling kill his wife? I honestly don't know.
But the day Stephanie disappeared, she threatened to go to the Medical Board unless I revoked Mitchell's surgical privileges.
I found Mitchell later that day.
Told him he was done as a surgeon.
Did you tell him why? Yes.
Though I didn't tell him how I found out.
You're gonna testify to this, chapter and verse.
And if you ever wonder why people hate doctors take a look in the mirror.
I don't hear anything, Lewis.
Exactly.
Now here's the voicemail enhanced.
What the hell is that? The only significant ambient sound on the voice message.
I isolated the sound wave pattern, modulated the frequency Lewis.
English.
Bubbles.
Bubbles? Bubbles.
Ethan has a huge fish tank in his room.
According to Dr.
Sterling's written statement to the cops, he called his sister the first time from the kitchen phone.
But the call had to come from Ethan's room.
Okay, how do we know Sterling didn't place the call from the kid's phone? Because Sterling said that he left Yvonne a message.
But there was no message which means that Sterling lied and the only reason for him to lie is to cover for his son's call.
So, why was Ethan calling his aunt? He hears his parents fighting.
He gets scared, calls his aunt and hangs up when the voicemail kicks in.
Aunt gets home, hears the blank message, checks caller ID, calls Sterling and the cover-up's on.
What kind of a man uses his own son to cover-up his wife's murder? I think we know what kind of a man.
Maybe we don't.
Well, let's see.
He kills his wife to save his career and then he dumps her in the woods and then he gets his son to lie for him.
What don't you get? Listen, Miss Sunshine, in case you haven't noticed, we don't have a strategy.
We were wrong on cause of death.
We were wrong on the affair.
By my count that means we don't get another strike.
Bender gives us motive, so now we just need a witness.
I say we squeeze the aunt.
She'll never flip on her brother.
Forget the aunt.
The boy.
You want to go after Ethan? I want to win.
The judge won't let us touch him.
Hold on.
Ethan's statement at the school is excluded as unreliable, but the voicemail message proves independently that he was awake and that he called his aunt.
I want an emergency motion to reconsider the use of Ethan's out of court statements on the judge's desk by the end of the day.
You're really gonna put a child who just lost his mother on the stand and then tear him apart? That's exactly what I'm gonna do.
This thing could backfire big time.
We grill Ethan, we could alienate the jury.
Even if he gives us what we want, the sympathy factor could swing the case to Sterling.
We may not recover.
You got a better idea? I'm all ears.
Thank you.
Ready for your close-up? Good morning.
Good morning.
Turn this way.
Turn around.
The witness has already been sworn in chambers.
You may proceed, Mr.
Stark.
Ethan, my name is Mr.
Stark.
We've met, haven't we? Yes.
And you see these two ladies sitting here? That's Raina Troy and Madeleine Poe.
They work with me.
They came to your school to speak with you, didn't they? Uh huh And they asked you when you last saw your mom.
Objection.
Hearsay.
Overruled.
You may answer, Ethan.
Yes.
What did you tell them? I saw her in the morning.
And then they asked you if she came back home later that night, right? Yes.
And what did you tell them? I don't know.
Didn't you tell them that she did come back later that night? I can't remember.
Didn't you tell Madeleine and Raina a very different story in my office just a few days ago? I don't know.
Do you love your Dad? Yes.
Why? Because he's my dad.
And if he asked you to do something, you'd do it, right? Yes.
I mean, you'd do anything your Dad asked you, probably, right? Yes.
Would you lie for him? Objection.
Overruled.
The question is would you lie for your dad? I know this is tough, Ethan.
and I don't think it's very fair.
But I need you to answer the question, son.
Would the court please direct the witness to answer.
Stop.
Leave him alone.
I'll tell you what you want to know.
Before I say anything, I'd like a few minutes with my son.
Give a full statement first.
Then you see Ethan.
Your wife told Dr.
Bender about your medical condition.
Bender suspended you.
That brings us to the fateful night.
Stephanie was at the lab.
She was working late.
When she came home, we started arguing.
About her going behind your back.
I felt betrayed.
Being a surgeon was my life.
I knew I could still operate save people.
I thought of losing all of that.
What happened next? Things escalated.
Stephanie said that I was being selfish putting people at risk.
She called me a Keep going, Dr.
Sterling.
She called me a murderer.
I never raised a hand to her before but I slapped her.
She was standing right next to the stairs and she fell backward.
There was nothing I could do.
It was an accident? Yes.
I would never harm the mother of my child.
I loved Stephanie with all my heart.
I would have died for her.
Then why all this? Why the lies? Why make your son a part of it? I did it for my son.
He'd already lost one parent, I couldn't let him lose the other.
Justice was done.
A.
D.
A.
Casey Woodland will answer all further questions.
Thank you, thank you so mu.
Thank you, thank you.
Four to eight? After all that, you let the guy plead to manslaughter and you sign off on four to eight? Nice job, Sebastian.
You were right, Sebastian, you know? I think I'd like to bear your love child, Sebastian.
Well, you asked me for rope.
I never thought you'd use it to throw the guy a lifeline.
Well, you pay me to win; I won.
Sterling's going to jail.
Yeah, admit it, you were wrong about this guy.
I said he did it; he did it.
Yeah, he wasn't exactly the cold-blooded killer you thought he was which is why you put the boy on the stand.
'Cause you knew Sterling would do the right thing.
The guy put a million bucks in trust for his kid.
I thought it was a good bet.
And what if he hadn't stopped you? Would you still have destroyed Ethan? Hold it a second.
Thank you.
We shouldn't be doing this.
This is bad.
I don't even like you.
I don't like you either.
Saw you on TV.
Yeah, no winners in that one.
Except you.
Uh, want to grab a bite at, uh, Fabenni? Maurizio owes me one.
I already ate.
Well, probably better.
Pasta goes right to my butt.
Listen.
I've been living alone a really long time.
You don't owe me an explanation.
You're right, I don't, so this one's on the house.
Rachel's great.
I care about her very much, but I-I can't give her what she wants.
Why not? I tried with your mom.
The word "fiasco" leaps to mind.
So for the rest of your life, you're never going to commit to another woman.
Actually, I already have.