Raising the Bar (2008) s01e06 Episode Script
Hang Time
I'm not avoiding you, I'm busy.
I can't talk about this right now.
No, I get that, but three days is a long time away.
OK, now you're yelling and I'm late.
Gavin? Gavin? Got a domestic violence case that just came in.
I'm on it.
[pounding on door.]
Justifying my art, justifying my marriage, to you or to them or to anyone else? No, thanks.
You don't have to justify anything, but if you want out of here, you'll tell me what happened.
That's the fallacy with this thing.
That something happened.
The neighbor says she heard a scuffle, some screaming and crashing.
- The cops found broken dishes.
- Yeah.
That's what we were up to.
Well, is that normal for you two? - Normal? [Bobbi.]
Common.
Marriage is tough.
I'm not judging.
You think I'm angry, right? Yes.
I'm angry.
I work angry.
And is Elise a part of that? Hell, yes! God bless her, she's got this counterintuitive timing thing that's out of this world.
'Cause as soon as I start working, it's the bills, the booze, the morons at her job, the government.
Is that what happened yesterday? Yesterday? I don't know.
Whenever.
This is what happens.
This is the way it is.
But I don't smack her around, all right? Dan is brilliant.
He's just not very good with people - and it just makes it hard.
- What kind of art does he make? Lately, it's mostly paintings I think he would be sculpting again if we could afford it.
I didn't sign the complaint, so are they gonna drop the charges? Depends.
They can take up to 30 days to try and change your mind.
[snorts.]
That's ridiculous.
Elise, I have to ask you.
Did he throw that mug at you? - Well, sure he did.
- And you told the police that.
Yeah.
I mean, I told them, thinking that I don't know.
But I say it and the cuffs come out.
I was like, "What are you doing? " - Did your husband hit you? He doesn't beat me, if that's what you want to know.
We're poor.
We live in a closet that doubles as an apartment and art studio.
I mean, we scream, we fight, we throw things It's not about hurting each other.
This sounds weird, but it's about expression.
"Expression?" Like I said, Dan is brilliant.
And when you're with someone like that, there's a place where fighting and destruction and love and sex, it all becomes part of the art.
- Gilardi, case is up.
- Thanks, Carlos.
I don't expect you to understand but I need my husband back.
And he needs me.
I'm gonna do everything I can.
- Still reading, huh? - Yeah, man.
Page 189, and I'm hoping this is my last inside read.
Give me some good news, man.
Still at eight.
Hearing's been adjourned till tomorrow.
I'm not pushing you to take it.
I just can't believe that I'm still here.
Fourteen months from Ronna, fourth grade for Christopher.
First school trip come and gone.
- I wasn't gonna be that guy.
- You're not that guy.
We're almost through this, Sherron.
You just gotta hang on a bit longer.
- Trial's right around the corner.
- I'm trying, man.
Believe me, brother, I'm trying.
- Jerry? - Yeah? Straight up We got a shot at this? Every trial's a crap shoot, but we got a good story.
We got a good story because it's true! Look, if I did this, I would cop out like I did before, take my eight, make my peace.
But my car was stopped, man.
And he hit me and kept driving, like I was a rat that run underneath his wheel.
Now, I'm sorry I scared his old tired ass, but come on, man! You don't get to just ding up my ride and split 'cause you got yourself a Range Rover.
Just - Get me home, man.
- I'm gonna do everything I can, - all right, brother? - OK.
Michelle! Sherron Nettles? - Yeah? - Eight is too much.
For a predicate who robbed a heart surgeon at gunpoint? Eight's a gift.
There wasn't a robbery and there was no gun.
No gun recovered, which is not the same as no gun.
They arrested him three blocks from the scene.
- There was a gun, they'd have found it.
- Unless he ditched it.
A handgun in the streets of New York that no one noticed? All I have to prove is that your guy displayed what appeared to be a firearm.
He says some guy cut him off, pounded on the window, demanded money, and had what he believed was a gun.
Open and shut, Jerry.
Your victim is exaggerating to cover up a hit and run.
He denies that.
He says the whole thing was a setup.
Of course he does.
I'll admit, my client drove him down.
If you want to plead to a traffic violation, we'll have a deal.
Cute.
- What robber asks for insurance cards? - He took 300 bucks! - Only because your guy didn't want to report the accident to his insurance.
- Come down a count, please? - To attempt rob one? - OK, two counts.
To the D and three.
- Not a chance.
Three years is a significant sentence for what was, at worst, a misunderstanding.
[sighs.]
Tell you what.
Tell your guy to take the five and a half, I'll get Balco to sign off.
Final jeopardy, Jerry.
Take the plea or worry about the 25 years I'm gonna ask for after trial.
Assuming you win.
Make me prep the hearings, you got no deal, Jerry.
[man.]
Docket ending 3476, People of the State of New York v.
Daniel Denton, charged with attempted assault in the third degree, and menacing.
What do we got? A no-injury domestic? Yes, judge.
Neighbor reports regular loud altercations.
When police arrived, they observed disarray, numerous broken dishes.
[Marcus.]
Complainant stated, " He threw a mug at me.
" People need to investigate.
Request adjournment and order of protection.
I am asking you to release my client.
The complainant doesn't want to proceed.
If the court is considering an order of protection, I'd ask it be limited.
I haven't interviewed her.
Until she meets with us, we stand by our request.
She's right there in court.
Ask her.
[man.]
It's not up to her, they're not gonna talk tonight.
I'm releasing your client and issuing a full temporary order of protection.
- What's that? - Your Honor? I don't take chances with domestic violence.
It's a full order.
Tell your client to find another place to stay.
Call the next case.
Can we just try not to have another argument? You know I love you, too.
OK, stop Stop.
I didn't make you hang up on me, Gavin.
That's not fair.
I gotta go.
What are you two doing? - Leaving.
- Not together.
I've been in your lab experiment for 30 hours, I'm not doing it anymore.
Do not move.
The judge ordered a total stay-away.
You two cannot, under any circumstances, be together! That is ridiculous.
I mean, who cares what we do? That guy, the DA.
I'm gonna try and fix this but until I do, follow the orders.
- [Dan.]
Where am I supposed to go? - You got friends? Relatives? No.
Fairmont, North Carolina is not happening again.
Not in this life, all right? I'll give you the address to a shelter.
It sucks, but if you want to stay out of prison, trust me.
Men's shelter? That's prison already! Believe me, there's a difference.
Excuse me? Do you have a minute? Sure.
This is all just a mistake.
The police made this assumption that I'm a battered wife, totally off-base.
You did tell the police that your husband threw a mug at you.
And they smelled alcohol on his breath.
- Sure, but he wasn't trying to hurt me.
- What was he trying to do? Let me know that he was feeling something.
- Like rage? - Maybe.
[exhales.]
What is the deal with this stupid mug toss? Mrs.
Denton, I promise you, if your husband can pick up a mug and throw it at you, he is perfectly capable of throwing punches, too.
Or worse.
I'm trying to help you here.
Then please, just listen to me I am listening.
You want me to drop the attempted assault charge, you're not telling me it didn't happen.
You're telling me it did, and it's OK.
I'm telling you that it's not.
And who the hell are you? I mean, seriously? Mrs.
Denton, calm down.
I know that - Stop telling me what to do! You people are clueless! I am making minimum wage, bringing home 38 bucks a day while dragging Dan out of the apartment so he can kick in an extra 30 from a moving job or two! If he is not with me, he won't go and we won't make rent.
I am gonna get kicked out of my home because of your help.
And I am not putting you at risk for the sake of your apartment.
I'm sorry.
Victim Services may be able to help, but I'm gonna need your cooperation.
You have to sign the complaint.
Screw my cooperation.
Screw the complaint.
And screw you! - [door slams.]
- [crashing.]
[door buzzes.]
[snorts.]
Pack of menthols.
That's gotta be bad news.
[exhales.]
Talked to the DA.
She'll come down to five and a half.
[Sherron exhales.]
- I think you should consider it.
- Five and a half years? With the time you've been in, it's three and a half left to do.
- Bunglebees.
- What's that? Oh, it's what Christopher used to call the big bees in the park.
He used it whenever he got frustrated.
Bunglebees.
[laughs.]
Three years and he'll almost be in high school.
Better than the football numbers we're looking at if this goes south.
- So five and a half or trial? - Pretty much.
You know, it's funny how you guys always think in years, saying stuff like, "Give me six.
" Or "How 'bout two? " Stuff like that.
But me, I think in days, man.
Every one of those years is 365 days to me.
I know That other case? I deserved the prison time I got.
But this? I'm paying a bill I know I don't owe.
Ain't enough cigarettes in the world that can get me through another three and a half years of that.
Then we go all the way.
[chuckles, sighs.]
Finally time to pick out that trial suit, huh? [Sherron chuckles.]
Hey, Jerry Thanks for the cigarettes, brother.
Kellerman, my man! [chuckles.]
Did you miss me? - Reggie - You look like crap.
You're working too hard Hold on, pal.
- [Gavin.]
You and my wife.
Where is she? Bobbi! Bobbi! Come out, come out, wherever you are.
- Mr.
Gilardi.
- What? - Dr.
Gilardi.
- Dillon.
Dr.
Dillon.
I look Italian to you? Hm? [sighs.]
How you doing, man? Who are you? Wait a minute, let me guess.
Yeah, you gotta be Richard, Richie Rich.
Listen, don't worry about what she says behind your back, OK? Bobbi gets a lot wrong.
She's not stupid, she's just dumb.
If you'd stopped talking and just asked me, I would tell you she's not here.
- Oh, yeah? Hope you're lying better than that in court, Rich.
- There's my baby! Hi - Gavin, I'm with a client.
- What'd you do? Beat your kids? - It's fine.
Kill your husband? I shouldn't give her ideas! I'm gonna go.
- Oh, you don't have to be polite.
Someone should.
Oooh.
Oh, another bitch with a smart mouth! You're pushing me.
- Is there a lawyer? - You're using.
- No! - Stop lying! OK.
You see how the fights start? I'm just trying to talk to you, and you lob a grenade.
Gavin, please just go home.
- Why don't you come with me? - I can't! I'm working! The Review Board's in a couple of days and we need a plan.
- I'll be home soon.
- You're not gonna help me, are you? Gavin.
We'll discuss this tonight, OK? See, if I call you four times like I did today, when I text you six times like I did today, you do not ignore me.
You do not blow me off.
You pay attention to me! - Excuse me! - I'll walk you out.
Sit down.
You're interrupting a private conversation.
Which just ended.
Say goodbye Say goodbye.
- Don't be late, honey - Get him out of here! Do you give back rubs, too? Show's over, everybody.
I am so sorry about all that.
- You're in early.
- That makes two of us.
- Jerry, about Gavin - Not my business.
Thanks.
Unless you want to tell me.
You haven't seen his best side.
Well, now I feel better.
Because if that was his best side Look, he's maxed out on stress.
Looked to me a little more than stress.
At first it was just to survive the shifts.
But what goes up must come down, right? You turn into a chemical database.
Then, he got caught writing scrip for himself two weeks ago.
[sighs.]
Now what happens? He goes in front of the State Medical Board, tomorrow.
Does he get to have you represent him? He wants me to testify that I'm the one with a drug problem, and the scrip was for me.
Perjury to a State Commission - You'd be risking your law license.
- The hearing's confidential.
Personally, I wouldn't count on that.
Nothing's a secret anymore.
Ask our ex-governor Our new governor! Take your pick.
If I don't help him, it's the end of our life together.
He's a good guy, Jerry.
He'll make a great doctor.
Sometimes you gotta take care of yourself, Bobbi.
[cell-phone ringing.]
Oh, that's that's mine.
This is Bobbi.
OK, Elise, just tell me where he is.
I'm on my way.
I gotta go.
[buzzer, door opening.]
I had my "come-to-Jesus" moment.
Before or after you broke the cop's nose? The higher power was not involved there.
They were stumbling over my canvasses.
Yanking me around like livestock.
You weren't supposed to be there.
There was a court order.
I came back to get my stuff.
Elise was freaking out, so I stayed for a bit.
What were the cops doing? They got our place bugged? Probably a follow-up visit, standard in a domestic violence case.
You gotta understand this is no longer a domestic violence case.
It's a "cop's broken nose case"? That, and violating a court order.
It's more serious now.
You pissed off the courts and the cops in one fell swoop.
They're putting me in cuffs and she's screaming at 'em.
And all I keep thinking is this woman is way too good for me.
I know what it is to fight for a marriage.
She's been wanting a kid.
I've been putting her off.
"We're too poor.
We're not ready.
" Blah blah blah, blah blah.
But that's what this is.
Too little, too late, right? We'll see.
Jerry.
Changed sides? Same side.
Same case.
Sherron Nettles.
- So he's taking the five and a half? - Actually, no.
- Then, as I mentioned, I have cops to alert and prep to do before the hearing this afternoon.
There's a muffin on my desk.
Yeah.
- A bran muffin.
- Fat-free bran I want you to dismiss the case.
And I want a house in the Hamptons.
- I'm serious.
So am I.
The difference is with a little time, I have a shot at the house.
- I really believe this guy.
- You believe everyone, Jerry.
No.
I spend lots of time telling you why you won't win, your case is overcharged, but I almost never use the "I-word.
" - You think your guy's innocent? - I do.
You think a renowned cardio-thoracic surgeon made a false robbery complaint? Three surgeries that day? He was tired, scared, maybe didn't notice the impact.
- I admire you, Jerry.
- [snorts.]
No, I love your ability to really believe what your clients tell you.
But your guy's not innocent, and I'll prove it.
- What do you got? - New offer: D felony, three years.
This gives your client a choice: 16 months left to serve or a trial that could spring him next week.
An innocent guy takes the trial.
Your guy? He takes the three, because your guy did it.
That is perverse.
- But thank you, seriously.
- Go talk to your client.
I'll prep the hearing, just in case you're right.
[Jerry.]
Hey.
Aw, you got something! Come on, man, I can tell.
[door shuts.]
D and three.
- And you gonna tell me to take it.
- Yeah.
- Just skip trial, straight to prison, do not pass go That's my advice.
We got a great defense, and for what it's worth, - I believe you.
- But you ain't the jury.
This is Manhattan.
The people who are gonna judge you, they're lawyers, bankers, Wall Street dudes A jury of my peers, huh? If we get four jurors from north of 125th Street, we'll be lucky.
It's your word against his.
Take the word of the white heart surgeon over the black grocery bagger.
You forgot "convicted felon.
" - The jury gonna know about my record? If we try this, you'll have to testify.
There'll be a Sandoval hearing, where the judge decides how much the jury is to know about your record.
She's gonna let them hear you've been a convicted felon.
- I don't have a prayer! - I'm afraid they'll hear that, they'll look at you, they'll look at the old man, and think, "There but for the grace of God " - Which leaves us looking at 25.
Blow trial, and 15 years from now you'll be sitting in a cell with ten left to do, wondering why you didn't cop to the three.
You're almost halfway home.
A few months and you'll be counting down to freedom.
I'm not happy about it either, but three? It's too good to pass up.
OK.
I'll see you in there, brother.
[man.]
Number 17 on the calendar, People of the State of New York v.
Sherron Nettles, charged robbery in the first degree.
Jerry Kellerman, public defender for Mr.
Nettles.
Michelle Ernhardt for the People.
Are we ready to proceed with the hearings? - Actually, no, Your Honor.
- No? I believe we have a disposition, Your Honor.
What is the proposed disposition? Attempted robbery in the second degree and three years.
- That's correct, Your Honor.
- Is that what you wish, Mr.
Nettles? Yes, Your Honor.
And am I correct, Mr.
Nettles, that in entering this plea, you admit that on July 16th at approximately 2:15am on East 68th Street, you attempted to remove a large sum of United States currency from the person of Jakob Bratmon and displayed what appeared to be a firearm? Actually, I Yes, ma'am.
You understand by accepting this plea of Armed Robbery in the Second Degree, I intend to sentence you to imprisonment for three years? - Yes, ma'am.
- Excuse me? Yes, Your Honor.
Anyone force you or threaten you in order to make you plead guilty? No, ma'am.
- And you enter this plea freely, and voluntarily, understanding that you are giving up your right to a jury trial, as well as your right to cross examine or confront any witnesses against you? Yes, ma'am.
Very well.
I accept the plea and impose the agreed-upon sentence.
[Kessler.]
Next case, please.
[soft rock playing.]
She didn't do herself any favors coming and telling me to get screwed.
She told you what she wanted, you ignored her.
I'd do the same.
You wouldn't have been in the situation.
- You tell the cops to follow-up? - What are you saying? You had an idea she'd tell him to go back to the apartment.
- McGrath, under the gun.
- He sweats on the inside.
I didn't say anything to the cops.
But if I had - You'd be doing your job.
- Exactly.
Using the system to break up people that love each other and want to be together? It's a living.
- No.
Bobbi, he doesn't love his wife, - he hits his wife.
- Burden of proof.
Roz, I'm telling you, this is a violent guy.
He drinks and he hits her.
He broke a cop's nose.
Now, she doesn't want to say it or admit or believe it, but this is a violent relationship.
She depends on the guy for money, that's why she stays.
She is disempowered! And if you two took off your PD hats for a second, we wouldn't even be arguing! Taking away the woman's freedom of choice isn't empowerment, Marcus.
It's paternalism.
And I'm not wearing a hat.
- [Richard.]
Oh! - [Charlie laughs.]
Rosalind Whitman, ladies and gentlemen.
You all right? You gonna be OK? Don't mess with the boss, Marcus.
Yeah.
You know what? We're gonna have to agree to disagree on this one.
- You out of here? - Yeah.
I gotta go.
- Take it easy, all right? - Thanks.
I'll see you tomorrow.
- Another one? Anyone? - [Richard.]
Yeah.
She's kind of obvious about it.
- Obvious? She's way into you, kid.
Hanging on your every word like you're her hero or something.
She's married.
You don't know what you're talking about.
Yeah, actually, I know it all too well.
I know you're a sucker for it, too.
All right, you're dreaming up problems where they don't exist.
- Yeah.
- Have a drink.
Forget about it.
OK, Jerry.
Dan Denton, docket ending 3624, charged assault in the second degree and violation of an order of protection.
Your Honor.
- Roberta Gilardi for Mr.
Denton.
Didn't I just see this guy? The assault has nothing to do with the complainant.
She spoke to the DA requesting a modification of the order.
I didn't realize the DA's office could modify my order.
- I wasn't suggesting - I'm sure you weren't.
- Your Honor, it does mitigate - What? The demonstrable fact he violated a protective order in a domestic violence case? That he was drunk and he assaulted a police officer doing nothing more than insuring that a batterer stay away from his victim? Mr.
McGrath, was it your intention to come before me today and seek a modification of the order of protection? - No, judge.
- No! And why not? Though I did speak to the complainant, it is the People's position there is a history of violence.
- That is not true! - Be quiet, or you'll be removed from this courtroom! The defendant's conduct in violating this court's order indicates an utter contempt for the law.
- So I gather you're asking for bail.
- Yes, judge, $5,000 cash.
Please, judge, this is a big misunderstanding.
My client will abide by any conditions the court sets.
History is not on your side, Miss Gilardi.
Bail is set for $10,000, cash or bond.
Officer, take charge.
- Next case.
- [man.]
Docket ending 7509.
Could your parents help? - Ten thousands dollars? - What about Elise's family? No.
No, there's no one, there's no money! Ten thousand dollars does not exist, so let's just stop talking about it! Look I'm sorry.
I'm sorry.
[exhales.]
Do me a favor and paint me a picture.
- A picture? Yeah.
Tell me what all this looks like.
[sighs.]
Ten to 25 months at Rikers, waiting for trial.
I'll fight to make a deal, but the DA doesn't deal when cops have been hurt.
If you win at trial, you walk.
- Would you bet on that horse? - Anything can happen, Dan.
You sound like an artist.
Give me the other side of it.
If we lose, the max is seven years.
You're not a predicate offender, but Ventimiglia made it clear he wasn't gonna be lenient, either.
When the dust settles, you're looking at four years in the state penitentiary.
Four years Look, you take one day at a time.
We knock off months where we can.
I don't know.
When can I see Elise? The original order of protection remains in effect until trial.
- So she can't come and visit? - No.
And if we lose, the order remains in effect for three years after you're released from prison.
[sighs.]
Add it up for me.
- Anything can happen.
- Add it up! Seven years.
- Until I can see my wife again? - I'm sorry.
- [knocking.]
- [door buzzes.]
[door shuts.]
Kellerman? I thought I'd enjoy the precious luxuries of an office day.
Mmm.
- Read the paper, call some clients.
Long, slow lunch - You bought the paper? - It's Richie's.
- [Roz.]
And you got nothing on? - A single 180.
80 that Miller's covering.
- What's your excuse? - I'm working.
Seriously.
- Hey, you know Alfred Grayson died? - Reading the obits? That's that guy who argued that right to counsel case that got lawyers for juveniles? Defended every acid-eating radical that survived the 60's.
Guy's a legend.
- Let me see that.
- [strains.]
Probably the best oral argument of the Berger years.
That's a guy who lived.
Hmm.
Son of a bitch.
I don't believe it! She lied! Ah I have to be on the bench in ten minutes.
This better be good.
Jakob Bratmon is dead.
Dead, five days ago.
- Jakob who? - Bratmon, the heart surgeon.
The victim and only witness in the case we pled yesterday, the Sherron Nettles case, is dead! So? - She lied, withheld critical evidence.
- My client pled under false pretenses.
- Is this so, Miss Ernhardt? The facts of what Mr.
Kellerman says are true, but not his characterization.
Were you aware of the complainant's passing? Yes, but the health of my complainant doesn't go to guilt or innocence.
I have no obligation to reveal it.
Health? How about the status as a living person? The man had a massive coronary! He was in the ground when the plea went down.
Without disclosure, Miss Ernhardt, Mr.
Kellerman does have a valid concern.
- I never said he was alive.
- [snorts.]
So I assume you are moving to vacate the plea? Yes, Your Honor, based on prosecutorial misconduct, material misrepresentations and unconstitutional withholding of Brady material.
I don't look very kindly on playing fast and loose with the truth, no matter which side does it.
It's an interesting issue.
I'll take it under advisement, give you my ruling in the morning.
I'll see you both in my courtroom at 11:00.
That's all.
Wow.
Well, Kellerman may actually have a reason to be rageful for a change.
What do you make of it? - It's classic People v.
Jones.
- Pull the case for me.
- Sorry, Bobbi.
Sorry.
- Hey.
It's OK.
It must've hurt.
In so many ways.
What happened? When you said "perjury ," that did it for me.
I love the guy, but I wasn't gonna let him drag us both down.
I told him I wasn't gonna testify.
I just couldn't get out of the way fast enough.
- First time? - Gavin's not a hitter.
Except he hit you.
First and last time.
I left him.
[exhales.]
Good.
Is there anything I can do for you? No.
Thank you.
I'm staying with my sister.
[chuckles.]
Found out she never liked Gavin.
If you need me to, I can cover for you.
I'm doing what I need to do.
A couple of clients to see, a couple of pleas.
Beats thinking about myself.
One foot in front of the other, right? One foot in front of the other.
- McGrath, as I live and breathe.
- I'm here to see Bobbi.
She finally break you? I got a call about a half hour ago.
[Marcus.]
Dan Denton hung himself in his cell this morning.
The case is dismissed.
I'll send the papers over this afternoon.
Listen I know how hard it is to lose a client.
I'm sorry.
How does it feel for you, Marcus? - Excuse me? All Elise wanted was her husband, now he's dead because you decided she wasn't entitled.
He's dead 'cause he committed suicide.
An 86 year-old shut-in and a broken coffee mug add up to nothing, but you insisted there was a problem.
Congratulations.
It's fixed.
All I care about are the odds, Bobbi.
For every Dan Denton, there are 100 battered women in the hospital or the morgue, because nobody thought to do anything about it.
The system isn't equipped to assess a marriage, Marcus.
That's up to the people who are in it.
I have to call Elise Denton and give her the news.
I already made that call.
I don't care how much heat I take on this.
I did the right thing.
Hey, Jerry! Man, I thought they put me on the wrong bus this morning.
I'm getting ready for the long ride to downstate, and here I am all over again.
What's going on? - I don't want to get your hopes up, but we might have a shot at getting you home.
- Home? - The guy died.
- The complainant.
- What's that got to do with it? You have a constitutional right to confront and cross examine the witnesses against you.
OK, but I copped out, so look, man, I'm trying to get my head wrapped around the time I'm doing here.
I filed a motion to vacate your plea as soon as I found out about it.
You pled under false pretenses.
If I'd have known, I'd never have let you do it.
I don't know if we'll pull it off What happens if she rules for us? Best case? You're home for dinner.
And if we lose? You'll be downstate counting backwards.
Then don't lose.
Kellerman, judge wants you in court.
All right, Vince.
Fingers crossed.
Don't lose, Jerry.
You the man, Jerry.
You the man! All rise, court is back in session.
The Honorable Trudy Kessler presiding.
Mr.
Kellerman, anything further before I rule on your motion to vacate the plea? In light of conduct of the DA's Office, I intend to ask the court to consider a motion for sanctions.
Miss Ernhardt? As previously stated, it is the People's position there is no obligation to disclose the private health information of witnesses.
Very well.
Let me first say that this court takes very seriously allegations of misrepresentation and falsehood.
Were I to find an officer of this court willingly withheld critical information in violation of their legal duty, I would consider sanctions.
The situation before me is unusual, but it is controlled by People v.
Jones, forty-four, New York, Second at 76.
In Jones, the Court of Appeals held that, quote, "The defendant was not denied due process when the district attorney did not disclose during plea negotiations the witness had died.
" Wait, what? - Brady simply does not apply here.
The court in Jones states the death of a witness is not exculpatory evidence, because it is not evidence favorable to the defendant that bears on either guilt or punishment.
Therefore, Mr.
Kellerman, your motion is denied.
The fact it's legal does not make it right.
On the contrary, the fact that it's legal is precisely why it's right.
Questions of ethics are for the ethics committee.
No.
But they're not.
They're for us, for you, for her, me.
Sending someone to prison on a technicality might make great politics, but it isn't honorable.
When we rig the process or load the dice for either side, we forfeit the one thing that sustains this entire enterprise: legitimacy.
The bedrock belief that no matter who you are, you'll get a fair shake, not a knowing wink or a head fake.
Lose that, and the system's not worth saving.
I understand your frustration, but the law is clear.
I am bound by precedent.
Your motion is denied.
The plea and the sentence stand.
Take Mr.
Nettles back.
So we lose.
I don't know what to say.
I Hey, you did a good job, Jerry.
- I'm so sorry.
- I'll be OK.
I'm counting backwards already.
You're a good man.
Bad? - Complicated.
You? - Frustrating.
Mm.
Marcus, ever think there's things we shouldn't do even though we can? Well, the law just tells you what you can't do.
But inside that, knowing what's right, tells you what you should do.
Hey, blondie, heard you turned the dead witness trick today.
That's nice work.
Yeah, we'll make a killer out of you yet.
Yeah, thanks.
Oh, incoming Kessler didn't vacate the plea? - No.
[Roz.]
How's the client? He consoled me.
I sell him out and he thanks me for fighting.
Can I talk to you alone for a minute, please? Sure.
[Gavin exhales.]
So I went to the hearing.
And I copped to everything.
I'm an addict.
I know that.
- First step, right? - Did they pull your license? It's scary, isn't it? They're actually giving me a second chance.
I'm suspended.
Mandatory detox.
Random drug tests for the next ten years.
I'll lose a year of residency credit, but I can still be a doctor.
So a good outcome, then.
I don't give a damn about that anymore.
I screwed up our life.
Words are cheap But I came to say that I'm sorry.
I am so sorry.
So I'm supposed to forget? I can't.
Listen I want you to go home without worrying about me.
I'm scheduled to check into a clinic today.
It's a 28 day, locked, inpatient detox, which I need.
- Where? - Washington Hospital.
I can't make or take calls for the first ten days, but would you talk to me after that? I love you so much.
You're not gonna make me cry.
Just tell me it's not over yet.
I don't know.
I I don't know.
OK.
Rip by spyderspyder
I can't talk about this right now.
No, I get that, but three days is a long time away.
OK, now you're yelling and I'm late.
Gavin? Gavin? Got a domestic violence case that just came in.
I'm on it.
[pounding on door.]
Justifying my art, justifying my marriage, to you or to them or to anyone else? No, thanks.
You don't have to justify anything, but if you want out of here, you'll tell me what happened.
That's the fallacy with this thing.
That something happened.
The neighbor says she heard a scuffle, some screaming and crashing.
- The cops found broken dishes.
- Yeah.
That's what we were up to.
Well, is that normal for you two? - Normal? [Bobbi.]
Common.
Marriage is tough.
I'm not judging.
You think I'm angry, right? Yes.
I'm angry.
I work angry.
And is Elise a part of that? Hell, yes! God bless her, she's got this counterintuitive timing thing that's out of this world.
'Cause as soon as I start working, it's the bills, the booze, the morons at her job, the government.
Is that what happened yesterday? Yesterday? I don't know.
Whenever.
This is what happens.
This is the way it is.
But I don't smack her around, all right? Dan is brilliant.
He's just not very good with people - and it just makes it hard.
- What kind of art does he make? Lately, it's mostly paintings I think he would be sculpting again if we could afford it.
I didn't sign the complaint, so are they gonna drop the charges? Depends.
They can take up to 30 days to try and change your mind.
[snorts.]
That's ridiculous.
Elise, I have to ask you.
Did he throw that mug at you? - Well, sure he did.
- And you told the police that.
Yeah.
I mean, I told them, thinking that I don't know.
But I say it and the cuffs come out.
I was like, "What are you doing? " - Did your husband hit you? He doesn't beat me, if that's what you want to know.
We're poor.
We live in a closet that doubles as an apartment and art studio.
I mean, we scream, we fight, we throw things It's not about hurting each other.
This sounds weird, but it's about expression.
"Expression?" Like I said, Dan is brilliant.
And when you're with someone like that, there's a place where fighting and destruction and love and sex, it all becomes part of the art.
- Gilardi, case is up.
- Thanks, Carlos.
I don't expect you to understand but I need my husband back.
And he needs me.
I'm gonna do everything I can.
- Still reading, huh? - Yeah, man.
Page 189, and I'm hoping this is my last inside read.
Give me some good news, man.
Still at eight.
Hearing's been adjourned till tomorrow.
I'm not pushing you to take it.
I just can't believe that I'm still here.
Fourteen months from Ronna, fourth grade for Christopher.
First school trip come and gone.
- I wasn't gonna be that guy.
- You're not that guy.
We're almost through this, Sherron.
You just gotta hang on a bit longer.
- Trial's right around the corner.
- I'm trying, man.
Believe me, brother, I'm trying.
- Jerry? - Yeah? Straight up We got a shot at this? Every trial's a crap shoot, but we got a good story.
We got a good story because it's true! Look, if I did this, I would cop out like I did before, take my eight, make my peace.
But my car was stopped, man.
And he hit me and kept driving, like I was a rat that run underneath his wheel.
Now, I'm sorry I scared his old tired ass, but come on, man! You don't get to just ding up my ride and split 'cause you got yourself a Range Rover.
Just - Get me home, man.
- I'm gonna do everything I can, - all right, brother? - OK.
Michelle! Sherron Nettles? - Yeah? - Eight is too much.
For a predicate who robbed a heart surgeon at gunpoint? Eight's a gift.
There wasn't a robbery and there was no gun.
No gun recovered, which is not the same as no gun.
They arrested him three blocks from the scene.
- There was a gun, they'd have found it.
- Unless he ditched it.
A handgun in the streets of New York that no one noticed? All I have to prove is that your guy displayed what appeared to be a firearm.
He says some guy cut him off, pounded on the window, demanded money, and had what he believed was a gun.
Open and shut, Jerry.
Your victim is exaggerating to cover up a hit and run.
He denies that.
He says the whole thing was a setup.
Of course he does.
I'll admit, my client drove him down.
If you want to plead to a traffic violation, we'll have a deal.
Cute.
- What robber asks for insurance cards? - He took 300 bucks! - Only because your guy didn't want to report the accident to his insurance.
- Come down a count, please? - To attempt rob one? - OK, two counts.
To the D and three.
- Not a chance.
Three years is a significant sentence for what was, at worst, a misunderstanding.
[sighs.]
Tell you what.
Tell your guy to take the five and a half, I'll get Balco to sign off.
Final jeopardy, Jerry.
Take the plea or worry about the 25 years I'm gonna ask for after trial.
Assuming you win.
Make me prep the hearings, you got no deal, Jerry.
[man.]
Docket ending 3476, People of the State of New York v.
Daniel Denton, charged with attempted assault in the third degree, and menacing.
What do we got? A no-injury domestic? Yes, judge.
Neighbor reports regular loud altercations.
When police arrived, they observed disarray, numerous broken dishes.
[Marcus.]
Complainant stated, " He threw a mug at me.
" People need to investigate.
Request adjournment and order of protection.
I am asking you to release my client.
The complainant doesn't want to proceed.
If the court is considering an order of protection, I'd ask it be limited.
I haven't interviewed her.
Until she meets with us, we stand by our request.
She's right there in court.
Ask her.
[man.]
It's not up to her, they're not gonna talk tonight.
I'm releasing your client and issuing a full temporary order of protection.
- What's that? - Your Honor? I don't take chances with domestic violence.
It's a full order.
Tell your client to find another place to stay.
Call the next case.
Can we just try not to have another argument? You know I love you, too.
OK, stop Stop.
I didn't make you hang up on me, Gavin.
That's not fair.
I gotta go.
What are you two doing? - Leaving.
- Not together.
I've been in your lab experiment for 30 hours, I'm not doing it anymore.
Do not move.
The judge ordered a total stay-away.
You two cannot, under any circumstances, be together! That is ridiculous.
I mean, who cares what we do? That guy, the DA.
I'm gonna try and fix this but until I do, follow the orders.
- [Dan.]
Where am I supposed to go? - You got friends? Relatives? No.
Fairmont, North Carolina is not happening again.
Not in this life, all right? I'll give you the address to a shelter.
It sucks, but if you want to stay out of prison, trust me.
Men's shelter? That's prison already! Believe me, there's a difference.
Excuse me? Do you have a minute? Sure.
This is all just a mistake.
The police made this assumption that I'm a battered wife, totally off-base.
You did tell the police that your husband threw a mug at you.
And they smelled alcohol on his breath.
- Sure, but he wasn't trying to hurt me.
- What was he trying to do? Let me know that he was feeling something.
- Like rage? - Maybe.
[exhales.]
What is the deal with this stupid mug toss? Mrs.
Denton, I promise you, if your husband can pick up a mug and throw it at you, he is perfectly capable of throwing punches, too.
Or worse.
I'm trying to help you here.
Then please, just listen to me I am listening.
You want me to drop the attempted assault charge, you're not telling me it didn't happen.
You're telling me it did, and it's OK.
I'm telling you that it's not.
And who the hell are you? I mean, seriously? Mrs.
Denton, calm down.
I know that - Stop telling me what to do! You people are clueless! I am making minimum wage, bringing home 38 bucks a day while dragging Dan out of the apartment so he can kick in an extra 30 from a moving job or two! If he is not with me, he won't go and we won't make rent.
I am gonna get kicked out of my home because of your help.
And I am not putting you at risk for the sake of your apartment.
I'm sorry.
Victim Services may be able to help, but I'm gonna need your cooperation.
You have to sign the complaint.
Screw my cooperation.
Screw the complaint.
And screw you! - [door slams.]
- [crashing.]
[door buzzes.]
[snorts.]
Pack of menthols.
That's gotta be bad news.
[exhales.]
Talked to the DA.
She'll come down to five and a half.
[Sherron exhales.]
- I think you should consider it.
- Five and a half years? With the time you've been in, it's three and a half left to do.
- Bunglebees.
- What's that? Oh, it's what Christopher used to call the big bees in the park.
He used it whenever he got frustrated.
Bunglebees.
[laughs.]
Three years and he'll almost be in high school.
Better than the football numbers we're looking at if this goes south.
- So five and a half or trial? - Pretty much.
You know, it's funny how you guys always think in years, saying stuff like, "Give me six.
" Or "How 'bout two? " Stuff like that.
But me, I think in days, man.
Every one of those years is 365 days to me.
I know That other case? I deserved the prison time I got.
But this? I'm paying a bill I know I don't owe.
Ain't enough cigarettes in the world that can get me through another three and a half years of that.
Then we go all the way.
[chuckles, sighs.]
Finally time to pick out that trial suit, huh? [Sherron chuckles.]
Hey, Jerry Thanks for the cigarettes, brother.
Kellerman, my man! [chuckles.]
Did you miss me? - Reggie - You look like crap.
You're working too hard Hold on, pal.
- [Gavin.]
You and my wife.
Where is she? Bobbi! Bobbi! Come out, come out, wherever you are.
- Mr.
Gilardi.
- What? - Dr.
Gilardi.
- Dillon.
Dr.
Dillon.
I look Italian to you? Hm? [sighs.]
How you doing, man? Who are you? Wait a minute, let me guess.
Yeah, you gotta be Richard, Richie Rich.
Listen, don't worry about what she says behind your back, OK? Bobbi gets a lot wrong.
She's not stupid, she's just dumb.
If you'd stopped talking and just asked me, I would tell you she's not here.
- Oh, yeah? Hope you're lying better than that in court, Rich.
- There's my baby! Hi - Gavin, I'm with a client.
- What'd you do? Beat your kids? - It's fine.
Kill your husband? I shouldn't give her ideas! I'm gonna go.
- Oh, you don't have to be polite.
Someone should.
Oooh.
Oh, another bitch with a smart mouth! You're pushing me.
- Is there a lawyer? - You're using.
- No! - Stop lying! OK.
You see how the fights start? I'm just trying to talk to you, and you lob a grenade.
Gavin, please just go home.
- Why don't you come with me? - I can't! I'm working! The Review Board's in a couple of days and we need a plan.
- I'll be home soon.
- You're not gonna help me, are you? Gavin.
We'll discuss this tonight, OK? See, if I call you four times like I did today, when I text you six times like I did today, you do not ignore me.
You do not blow me off.
You pay attention to me! - Excuse me! - I'll walk you out.
Sit down.
You're interrupting a private conversation.
Which just ended.
Say goodbye Say goodbye.
- Don't be late, honey - Get him out of here! Do you give back rubs, too? Show's over, everybody.
I am so sorry about all that.
- You're in early.
- That makes two of us.
- Jerry, about Gavin - Not my business.
Thanks.
Unless you want to tell me.
You haven't seen his best side.
Well, now I feel better.
Because if that was his best side Look, he's maxed out on stress.
Looked to me a little more than stress.
At first it was just to survive the shifts.
But what goes up must come down, right? You turn into a chemical database.
Then, he got caught writing scrip for himself two weeks ago.
[sighs.]
Now what happens? He goes in front of the State Medical Board, tomorrow.
Does he get to have you represent him? He wants me to testify that I'm the one with a drug problem, and the scrip was for me.
Perjury to a State Commission - You'd be risking your law license.
- The hearing's confidential.
Personally, I wouldn't count on that.
Nothing's a secret anymore.
Ask our ex-governor Our new governor! Take your pick.
If I don't help him, it's the end of our life together.
He's a good guy, Jerry.
He'll make a great doctor.
Sometimes you gotta take care of yourself, Bobbi.
[cell-phone ringing.]
Oh, that's that's mine.
This is Bobbi.
OK, Elise, just tell me where he is.
I'm on my way.
I gotta go.
[buzzer, door opening.]
I had my "come-to-Jesus" moment.
Before or after you broke the cop's nose? The higher power was not involved there.
They were stumbling over my canvasses.
Yanking me around like livestock.
You weren't supposed to be there.
There was a court order.
I came back to get my stuff.
Elise was freaking out, so I stayed for a bit.
What were the cops doing? They got our place bugged? Probably a follow-up visit, standard in a domestic violence case.
You gotta understand this is no longer a domestic violence case.
It's a "cop's broken nose case"? That, and violating a court order.
It's more serious now.
You pissed off the courts and the cops in one fell swoop.
They're putting me in cuffs and she's screaming at 'em.
And all I keep thinking is this woman is way too good for me.
I know what it is to fight for a marriage.
She's been wanting a kid.
I've been putting her off.
"We're too poor.
We're not ready.
" Blah blah blah, blah blah.
But that's what this is.
Too little, too late, right? We'll see.
Jerry.
Changed sides? Same side.
Same case.
Sherron Nettles.
- So he's taking the five and a half? - Actually, no.
- Then, as I mentioned, I have cops to alert and prep to do before the hearing this afternoon.
There's a muffin on my desk.
Yeah.
- A bran muffin.
- Fat-free bran I want you to dismiss the case.
And I want a house in the Hamptons.
- I'm serious.
So am I.
The difference is with a little time, I have a shot at the house.
- I really believe this guy.
- You believe everyone, Jerry.
No.
I spend lots of time telling you why you won't win, your case is overcharged, but I almost never use the "I-word.
" - You think your guy's innocent? - I do.
You think a renowned cardio-thoracic surgeon made a false robbery complaint? Three surgeries that day? He was tired, scared, maybe didn't notice the impact.
- I admire you, Jerry.
- [snorts.]
No, I love your ability to really believe what your clients tell you.
But your guy's not innocent, and I'll prove it.
- What do you got? - New offer: D felony, three years.
This gives your client a choice: 16 months left to serve or a trial that could spring him next week.
An innocent guy takes the trial.
Your guy? He takes the three, because your guy did it.
That is perverse.
- But thank you, seriously.
- Go talk to your client.
I'll prep the hearing, just in case you're right.
[Jerry.]
Hey.
Aw, you got something! Come on, man, I can tell.
[door shuts.]
D and three.
- And you gonna tell me to take it.
- Yeah.
- Just skip trial, straight to prison, do not pass go That's my advice.
We got a great defense, and for what it's worth, - I believe you.
- But you ain't the jury.
This is Manhattan.
The people who are gonna judge you, they're lawyers, bankers, Wall Street dudes A jury of my peers, huh? If we get four jurors from north of 125th Street, we'll be lucky.
It's your word against his.
Take the word of the white heart surgeon over the black grocery bagger.
You forgot "convicted felon.
" - The jury gonna know about my record? If we try this, you'll have to testify.
There'll be a Sandoval hearing, where the judge decides how much the jury is to know about your record.
She's gonna let them hear you've been a convicted felon.
- I don't have a prayer! - I'm afraid they'll hear that, they'll look at you, they'll look at the old man, and think, "There but for the grace of God " - Which leaves us looking at 25.
Blow trial, and 15 years from now you'll be sitting in a cell with ten left to do, wondering why you didn't cop to the three.
You're almost halfway home.
A few months and you'll be counting down to freedom.
I'm not happy about it either, but three? It's too good to pass up.
OK.
I'll see you in there, brother.
[man.]
Number 17 on the calendar, People of the State of New York v.
Sherron Nettles, charged robbery in the first degree.
Jerry Kellerman, public defender for Mr.
Nettles.
Michelle Ernhardt for the People.
Are we ready to proceed with the hearings? - Actually, no, Your Honor.
- No? I believe we have a disposition, Your Honor.
What is the proposed disposition? Attempted robbery in the second degree and three years.
- That's correct, Your Honor.
- Is that what you wish, Mr.
Nettles? Yes, Your Honor.
And am I correct, Mr.
Nettles, that in entering this plea, you admit that on July 16th at approximately 2:15am on East 68th Street, you attempted to remove a large sum of United States currency from the person of Jakob Bratmon and displayed what appeared to be a firearm? Actually, I Yes, ma'am.
You understand by accepting this plea of Armed Robbery in the Second Degree, I intend to sentence you to imprisonment for three years? - Yes, ma'am.
- Excuse me? Yes, Your Honor.
Anyone force you or threaten you in order to make you plead guilty? No, ma'am.
- And you enter this plea freely, and voluntarily, understanding that you are giving up your right to a jury trial, as well as your right to cross examine or confront any witnesses against you? Yes, ma'am.
Very well.
I accept the plea and impose the agreed-upon sentence.
[Kessler.]
Next case, please.
[soft rock playing.]
She didn't do herself any favors coming and telling me to get screwed.
She told you what she wanted, you ignored her.
I'd do the same.
You wouldn't have been in the situation.
- You tell the cops to follow-up? - What are you saying? You had an idea she'd tell him to go back to the apartment.
- McGrath, under the gun.
- He sweats on the inside.
I didn't say anything to the cops.
But if I had - You'd be doing your job.
- Exactly.
Using the system to break up people that love each other and want to be together? It's a living.
- No.
Bobbi, he doesn't love his wife, - he hits his wife.
- Burden of proof.
Roz, I'm telling you, this is a violent guy.
He drinks and he hits her.
He broke a cop's nose.
Now, she doesn't want to say it or admit or believe it, but this is a violent relationship.
She depends on the guy for money, that's why she stays.
She is disempowered! And if you two took off your PD hats for a second, we wouldn't even be arguing! Taking away the woman's freedom of choice isn't empowerment, Marcus.
It's paternalism.
And I'm not wearing a hat.
- [Richard.]
Oh! - [Charlie laughs.]
Rosalind Whitman, ladies and gentlemen.
You all right? You gonna be OK? Don't mess with the boss, Marcus.
Yeah.
You know what? We're gonna have to agree to disagree on this one.
- You out of here? - Yeah.
I gotta go.
- Take it easy, all right? - Thanks.
I'll see you tomorrow.
- Another one? Anyone? - [Richard.]
Yeah.
She's kind of obvious about it.
- Obvious? She's way into you, kid.
Hanging on your every word like you're her hero or something.
She's married.
You don't know what you're talking about.
Yeah, actually, I know it all too well.
I know you're a sucker for it, too.
All right, you're dreaming up problems where they don't exist.
- Yeah.
- Have a drink.
Forget about it.
OK, Jerry.
Dan Denton, docket ending 3624, charged assault in the second degree and violation of an order of protection.
Your Honor.
- Roberta Gilardi for Mr.
Denton.
Didn't I just see this guy? The assault has nothing to do with the complainant.
She spoke to the DA requesting a modification of the order.
I didn't realize the DA's office could modify my order.
- I wasn't suggesting - I'm sure you weren't.
- Your Honor, it does mitigate - What? The demonstrable fact he violated a protective order in a domestic violence case? That he was drunk and he assaulted a police officer doing nothing more than insuring that a batterer stay away from his victim? Mr.
McGrath, was it your intention to come before me today and seek a modification of the order of protection? - No, judge.
- No! And why not? Though I did speak to the complainant, it is the People's position there is a history of violence.
- That is not true! - Be quiet, or you'll be removed from this courtroom! The defendant's conduct in violating this court's order indicates an utter contempt for the law.
- So I gather you're asking for bail.
- Yes, judge, $5,000 cash.
Please, judge, this is a big misunderstanding.
My client will abide by any conditions the court sets.
History is not on your side, Miss Gilardi.
Bail is set for $10,000, cash or bond.
Officer, take charge.
- Next case.
- [man.]
Docket ending 7509.
Could your parents help? - Ten thousands dollars? - What about Elise's family? No.
No, there's no one, there's no money! Ten thousand dollars does not exist, so let's just stop talking about it! Look I'm sorry.
I'm sorry.
[exhales.]
Do me a favor and paint me a picture.
- A picture? Yeah.
Tell me what all this looks like.
[sighs.]
Ten to 25 months at Rikers, waiting for trial.
I'll fight to make a deal, but the DA doesn't deal when cops have been hurt.
If you win at trial, you walk.
- Would you bet on that horse? - Anything can happen, Dan.
You sound like an artist.
Give me the other side of it.
If we lose, the max is seven years.
You're not a predicate offender, but Ventimiglia made it clear he wasn't gonna be lenient, either.
When the dust settles, you're looking at four years in the state penitentiary.
Four years Look, you take one day at a time.
We knock off months where we can.
I don't know.
When can I see Elise? The original order of protection remains in effect until trial.
- So she can't come and visit? - No.
And if we lose, the order remains in effect for three years after you're released from prison.
[sighs.]
Add it up for me.
- Anything can happen.
- Add it up! Seven years.
- Until I can see my wife again? - I'm sorry.
- [knocking.]
- [door buzzes.]
[door shuts.]
Kellerman? I thought I'd enjoy the precious luxuries of an office day.
Mmm.
- Read the paper, call some clients.
Long, slow lunch - You bought the paper? - It's Richie's.
- [Roz.]
And you got nothing on? - A single 180.
80 that Miller's covering.
- What's your excuse? - I'm working.
Seriously.
- Hey, you know Alfred Grayson died? - Reading the obits? That's that guy who argued that right to counsel case that got lawyers for juveniles? Defended every acid-eating radical that survived the 60's.
Guy's a legend.
- Let me see that.
- [strains.]
Probably the best oral argument of the Berger years.
That's a guy who lived.
Hmm.
Son of a bitch.
I don't believe it! She lied! Ah I have to be on the bench in ten minutes.
This better be good.
Jakob Bratmon is dead.
Dead, five days ago.
- Jakob who? - Bratmon, the heart surgeon.
The victim and only witness in the case we pled yesterday, the Sherron Nettles case, is dead! So? - She lied, withheld critical evidence.
- My client pled under false pretenses.
- Is this so, Miss Ernhardt? The facts of what Mr.
Kellerman says are true, but not his characterization.
Were you aware of the complainant's passing? Yes, but the health of my complainant doesn't go to guilt or innocence.
I have no obligation to reveal it.
Health? How about the status as a living person? The man had a massive coronary! He was in the ground when the plea went down.
Without disclosure, Miss Ernhardt, Mr.
Kellerman does have a valid concern.
- I never said he was alive.
- [snorts.]
So I assume you are moving to vacate the plea? Yes, Your Honor, based on prosecutorial misconduct, material misrepresentations and unconstitutional withholding of Brady material.
I don't look very kindly on playing fast and loose with the truth, no matter which side does it.
It's an interesting issue.
I'll take it under advisement, give you my ruling in the morning.
I'll see you both in my courtroom at 11:00.
That's all.
Wow.
Well, Kellerman may actually have a reason to be rageful for a change.
What do you make of it? - It's classic People v.
Jones.
- Pull the case for me.
- Sorry, Bobbi.
Sorry.
- Hey.
It's OK.
It must've hurt.
In so many ways.
What happened? When you said "perjury ," that did it for me.
I love the guy, but I wasn't gonna let him drag us both down.
I told him I wasn't gonna testify.
I just couldn't get out of the way fast enough.
- First time? - Gavin's not a hitter.
Except he hit you.
First and last time.
I left him.
[exhales.]
Good.
Is there anything I can do for you? No.
Thank you.
I'm staying with my sister.
[chuckles.]
Found out she never liked Gavin.
If you need me to, I can cover for you.
I'm doing what I need to do.
A couple of clients to see, a couple of pleas.
Beats thinking about myself.
One foot in front of the other, right? One foot in front of the other.
- McGrath, as I live and breathe.
- I'm here to see Bobbi.
She finally break you? I got a call about a half hour ago.
[Marcus.]
Dan Denton hung himself in his cell this morning.
The case is dismissed.
I'll send the papers over this afternoon.
Listen I know how hard it is to lose a client.
I'm sorry.
How does it feel for you, Marcus? - Excuse me? All Elise wanted was her husband, now he's dead because you decided she wasn't entitled.
He's dead 'cause he committed suicide.
An 86 year-old shut-in and a broken coffee mug add up to nothing, but you insisted there was a problem.
Congratulations.
It's fixed.
All I care about are the odds, Bobbi.
For every Dan Denton, there are 100 battered women in the hospital or the morgue, because nobody thought to do anything about it.
The system isn't equipped to assess a marriage, Marcus.
That's up to the people who are in it.
I have to call Elise Denton and give her the news.
I already made that call.
I don't care how much heat I take on this.
I did the right thing.
Hey, Jerry! Man, I thought they put me on the wrong bus this morning.
I'm getting ready for the long ride to downstate, and here I am all over again.
What's going on? - I don't want to get your hopes up, but we might have a shot at getting you home.
- Home? - The guy died.
- The complainant.
- What's that got to do with it? You have a constitutional right to confront and cross examine the witnesses against you.
OK, but I copped out, so look, man, I'm trying to get my head wrapped around the time I'm doing here.
I filed a motion to vacate your plea as soon as I found out about it.
You pled under false pretenses.
If I'd have known, I'd never have let you do it.
I don't know if we'll pull it off What happens if she rules for us? Best case? You're home for dinner.
And if we lose? You'll be downstate counting backwards.
Then don't lose.
Kellerman, judge wants you in court.
All right, Vince.
Fingers crossed.
Don't lose, Jerry.
You the man, Jerry.
You the man! All rise, court is back in session.
The Honorable Trudy Kessler presiding.
Mr.
Kellerman, anything further before I rule on your motion to vacate the plea? In light of conduct of the DA's Office, I intend to ask the court to consider a motion for sanctions.
Miss Ernhardt? As previously stated, it is the People's position there is no obligation to disclose the private health information of witnesses.
Very well.
Let me first say that this court takes very seriously allegations of misrepresentation and falsehood.
Were I to find an officer of this court willingly withheld critical information in violation of their legal duty, I would consider sanctions.
The situation before me is unusual, but it is controlled by People v.
Jones, forty-four, New York, Second at 76.
In Jones, the Court of Appeals held that, quote, "The defendant was not denied due process when the district attorney did not disclose during plea negotiations the witness had died.
" Wait, what? - Brady simply does not apply here.
The court in Jones states the death of a witness is not exculpatory evidence, because it is not evidence favorable to the defendant that bears on either guilt or punishment.
Therefore, Mr.
Kellerman, your motion is denied.
The fact it's legal does not make it right.
On the contrary, the fact that it's legal is precisely why it's right.
Questions of ethics are for the ethics committee.
No.
But they're not.
They're for us, for you, for her, me.
Sending someone to prison on a technicality might make great politics, but it isn't honorable.
When we rig the process or load the dice for either side, we forfeit the one thing that sustains this entire enterprise: legitimacy.
The bedrock belief that no matter who you are, you'll get a fair shake, not a knowing wink or a head fake.
Lose that, and the system's not worth saving.
I understand your frustration, but the law is clear.
I am bound by precedent.
Your motion is denied.
The plea and the sentence stand.
Take Mr.
Nettles back.
So we lose.
I don't know what to say.
I Hey, you did a good job, Jerry.
- I'm so sorry.
- I'll be OK.
I'm counting backwards already.
You're a good man.
Bad? - Complicated.
You? - Frustrating.
Mm.
Marcus, ever think there's things we shouldn't do even though we can? Well, the law just tells you what you can't do.
But inside that, knowing what's right, tells you what you should do.
Hey, blondie, heard you turned the dead witness trick today.
That's nice work.
Yeah, we'll make a killer out of you yet.
Yeah, thanks.
Oh, incoming Kessler didn't vacate the plea? - No.
[Roz.]
How's the client? He consoled me.
I sell him out and he thanks me for fighting.
Can I talk to you alone for a minute, please? Sure.
[Gavin exhales.]
So I went to the hearing.
And I copped to everything.
I'm an addict.
I know that.
- First step, right? - Did they pull your license? It's scary, isn't it? They're actually giving me a second chance.
I'm suspended.
Mandatory detox.
Random drug tests for the next ten years.
I'll lose a year of residency credit, but I can still be a doctor.
So a good outcome, then.
I don't give a damn about that anymore.
I screwed up our life.
Words are cheap But I came to say that I'm sorry.
I am so sorry.
So I'm supposed to forget? I can't.
Listen I want you to go home without worrying about me.
I'm scheduled to check into a clinic today.
It's a 28 day, locked, inpatient detox, which I need.
- Where? - Washington Hospital.
I can't make or take calls for the first ten days, but would you talk to me after that? I love you so much.
You're not gonna make me cry.
Just tell me it's not over yet.
I don't know.
I I don't know.
OK.
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