All Rise (2019) s01e09 Episode Script

Previously on "All Rise" This is it for me.
There's a Constitution to protect, and I can't do that from the D.
A.
's office.
You're breaking up the band.
You were fun to watch as a prosecutor a real fighter.
You'd take a hit, then you'd bounce back with a knockout.
Peanut butter in my compact.
Your nephews seem like great kids.
I took over their basement play area.
They want it back.
I need to find an apartment soon.
There she is.
- We agreed to take it slow.
- Stay on the horizon.
Do not get too close.
Do not get too far.
Just stay in her eyeline.
That'll mean something.
Your Honor? Coffee.
Where did I leave the coffee? - In your car.
- No.
- On the car.
- I didn't No.
- At security.
- I left it at the - On the sugar milk station at - At the place? - Oh, God.
My coffee.
- My coffee.
This is the consequence of unchecked texting, Your Honor.
- Shh.
Hush.
- Now we have five matters - on the calendar followed by a trial.
- I need to get a machine.
- A bench trial on a false - prescription charge.
I know.
Maggie Palmer is prosecuting.
Excuse me.
I am telling you.
Do other judges have espresso machines? Ooh, not the good kind, Your Honor.
Also, the bookstore bombing retrial I thought you'd like to know there's a hearing this afternoon.
Part of my former life.
I've moved on.
Cases get appealed.
It happens to prosecutors.
It happened to me.
No big deal.
But this one means your nemesis is in the courthouse.
Felice Bell.
She is not my nemesis.
Don't be so dramatic.
Her Honor will not snap at me because she is caffeine-deficient.
The handwriting evidence in that case it was a stretch.
I'm not surprised a conviction was overturned.
And you can tell Mr.
Callan that.
Hindsight is 20/20.
Doesn't mean the guy isn't guilty, and anyway, nobody asked you.
Hey, Ria.
Should be off by, latest, I'm thinking 8 p.
m.
No, 8:30, latest.
8:30, maybe 9.
I know I've been absent lately.
It's the job.
The job is the job.
Uh, anyway, I was thinking tonight order pizza, open a bottle, and lock the door.
Okay.
Bye.
What is happening? - Who took this message? - I did.
- Cindy.
- Samantha.
I'm new.
- Were you answering my phone? - Of course not.
A woman came in.
She wants you to call her.
- Felice? - Yes.
You need to call Felice, which is why I wrote, "Call Felice" on the sticky - with a number.
It's so easy.
- Okay, then.
Also, I've been reading up on the bookstore bombing retrial all of the original transcripts and the appeal transcripts.
And I think I could be useful if you need some help, which frankly, you probably do.
Okay, Samantha, well, you can start by calling Felice and telling her that I'm in.
Unbelievable.
Can you please stop texting me? Hey, you're gonna retry one of my old cases, which means you get the benefit of my vast wisdom and experience.
Is this about Felice, your old nemesis? She is not Why does everyone We have a friendly Correction.
We used to have a friendly competition, in which I kicked her ass.
But I am a judge now.
I am above the fray.
Well, just a heads up.
The not-your-nemesis is in the house.
I thought the hearing was this afternoon.
She came in early and wants to meet him.
Thinking she wants to make a deal.
Can't win on the evidence, so she pleads in the retrial.
To reduce a sentence? No.
Uh, yeah, that's what this whole absurd retrial's about.
Do not underestimate her, Mark.
Felice is canny.
She's a killer.
- Your Honor? - Gotta go.
Nice gesture.
Expecting a visit from your nemesis? No sign of her yet.
It started in law school.
I beat her in a moot court competition, and then I beat her, like, seven more times in real court.
Turned into a thing.
And now you're a judge.
She can't even the score.
Mm.
I think it drives her crazy.
And how did you know the defendant had been writing the false prescriptions? When we apprehended her, she had the prescription pad on her person.
This prescription pad, Detective? - People's exhibit 1.
- That's it.
Detective, is this the same prescription pad the defendant used to illegally obtain narcotics? - That was our conclusion, yes.
- I'm sorry.
- So just to clarify - Your Honor - When you say that it was on - If I could just finish - my line of questioning here - Counsel, relax.
There's no jury.
This is a bench trial.
I have latitude.
I'm going to use it.
I'm fine with that, Your Honor.
Ask away.
Hmm! When you say that it was on her person, Detective Mm! - It was in her purse.
- Did you have probable cause - to look in her purse? - Mm! - Your Honor, could we approach? - Yep.
Whoever that is, she's driving me crazy - with her little sounds.
- I know.
Let's just ignore it, pretend she's not here.
You may step back.
Mm.
Interesting.
Listen.
Psst! Carol, I can download that.
You don't have to My God.
Thank you.
- Uh-huh.
- Hi, Jessica.
My overdraft limit yeah, I need to raise it.
- Mm-hmm.
- Wait.
No.
No, no, no.
You My bank.
They keep putting me on hold.
47 minutes.
I'm muting her.
She'll never notice.
- Your boss? - She is reading me an entire case.
What's going on with the bank? Everything cool? Yeah, yeah, it's fine.
I was up half the night.
Don't ask.
And when I did get to sleep, - I didn't hear the alarm.
- Hmm.
Okay, Carol.
Thanks.
That's very helpful.
Bye.
She is obsessed with my woodchipper case.
Can you blame her? All right.
I gotta get to 802.
Sara, I I was I was thinking.
I have a question a proposal.
Oh, yeah, I'm here.
Hi.
Just give me Go.
I'll see you later.
Uh, one - Hi.
- Hello.
Your client seriously threatened to put a judge into a woodchipper? Willie DeWitt.
Sit down.
He is alleged to have tried to hire a hit man who turned out to be an undercover cop.
- How exactly did he, um - Shh.
Oh, my God.
There he is.
- The woodchipper judge? - Uh-huh.
Judge Gore his courtroom's in Torrance.
He must be here for Willie's arraignment.
- Did you see that? - Okay, that was a message.
He's sending you a message.
They arrest me on a Friday so that I have to spend three nights in jail.
I mean, they did that on purpose.
- Also, you conspired to kill a judge.
- That is not what happened.
Willie, the People have a boatload of evidence.
My advice as your lawyer is to seek a plea deal.
I can't go back to prison.
I spent two years in For fraud, I know, and the judge who gave you that sentence was Judge Ronald Gore, who you then conspired to There was no conspiring.
Willie, they have your emails.
You know this.
A chain of emails in which you planned to kidnap Judge Gore, chop him into pieces, and then dispose of him into a woodchipper.
- Okay, but I wasn't serious.
- Willie No, listen to me.
Listen Nobody is listening.
Yes.
I fantasized about killing Judge Gore.
What prisoner wouldn't in the darkest of night? I mean, it was my therapist's idea.
By acting out my fantasies, I could, you know, expunge them like it was like roleplay.
What therapist? I mean, it wasn't an actual I read about it on the internet.
Yes, I took it too far, absolutely, but I had to make it real! And And I I totally would have called it off, and I'll explain that to the court.
These people are out to get me, Ms.
Lopez.
I mean, you've got to help me.
You can't beat the evidence, and you know it.
I have everything Carmichael had two years ago except for the handwriting match, which, honestly, was icing on the cake.
It's not gonna make a difference.
- We'll see.
- Felice, I have a - It's "Feh-lee-chay.
" - Sorry? "Feh-lee-chay"? I'm choosing to honor the original Italian inflection.
Okay.
Well, thank you for that.
Also a reminder that your client's fingerprint was found on the detonator - Partial finger.
- which matched your client.
That's the ball game.
I'm gonna call in Stu Packer.
- You remember Stu.
- I do.
And he's gonna say it's a match just like last time, and you're gonna lose, Felice.
Look, I'm happy to discuss a reduced sentence.
Why would I go through all the trouble of an appeal - just to plea it out? - If you piss off the court, your client will get the death penalty.
Are you really willing to risk that just for a shot at payback? I know this is personal.
I know what you really want to do is beat Lola Carmichael, but you can't beat this evidence.
- You are gonna lose.
- This is not about Lola.
This is not personal.
I don't do personal.
This is about due process for my client, who is entitled to a retrial because your friend put up sketchy evidence, and this time, I will win.
She is just trying to get in your head, Mark.
It's what she does.
Or she has new evidence.
You've said it yourself.
She's canny.
- I know.
- "Don't underestimate her," you said.
A young woman is dead, Lola.
- Three more injured.
- I know.
Write your opening statement.
That'll help.
Or I could just use yours.
I was there two years ago.
You killed it, obviously.
This was a hate crime.
The evidence will show that Cody Kopple was a member of three alt-right organizations.
It will show that he was intolerant, a racist, a man that believed that violence was a tool to achieve his ends.
It will show that he despised New Dawn Books and everything it stood for activism, feminism, environmentalism, equality, justice, and it will show that he did this.
- Oh, God! - Are you okay? Are you okay? It will show that Cody Kopple is guilty of first degree murder.
He bombed a bookstore and killed this young woman Angel Mendoza, 23 years old, just finished grad school.
23 years old.
Her father is here with us today, thinking about his daughter, watching us, asking for justice.
What answer will we give? Angel's father, he sat in that courtroom the entire trial.
- Have you met him yet? - No, I called, but I will.
When you meet him, when you talk to him, when you look him in the eyes, it will make you Right before my opening, I was on my way into court.
Mr.
Mendoza, are you all right? I'm fine.
I have an ulcer, I think, or something.
- I don't know.
- Can I get you something? - A doctor? - No, no, thank you.
Just promise me.
Promise you'll get him.
- You'll put him in jail? - Mr.
Mendoza Angel she walked in to buy a book, and there was almost nothing left of her.
Promise me you can do this.
I knew I shouldn't have.
We are never supposed to promise, but I did anyway.
Cody Kopple did this thing, Mark.
He did it, and he has no remorse.
He has to pay.
People vs.
Willie DeWitt.
This should be fun.
Counsel, your appearances.
Emily Lopez, Deputy Public Defender on behalf of my client, who's before the court.
Clayton Berger for the People.
15 years that's a gift.
There's no judge in the city that's gonna go easy on sentencing, including her.
Forget it.
No deal.
Willie, quiet, please.
Talk to your client.
He'd be crazy not to take it.
Waive formal reading of the complaint - and statement of rights? - Yes, Your Honor.
As to the charge of conspiracy to commit murder, in violation of Penal Code 182, how does your client plead? Not guilty, Your Honor.
"Not guilty" plea is entered.
You're kidding.
He was what, 40, 42? How does a He He died? That's terrible.
Yeah.
Okay.
Stu Packer died.
The fingerprint expert? Heart attack, out of the blue.
That, on so many levels, is not good news.
I asked around.
It's what Lola Carmichael used to do.
It's all from her original case files.
You're right.
She used to do that.
This guy is disgusting.
Cody has a podcast where he talks about the "Jewish question," threatened to murder the undocumented, and ranted at length about the bookstore, which was bombed 27 days later.
I got motive.
And so far, entirely circumstantial.
There's also handwriting analysis on a threatening letter.
Wait.
Hold on.
Seriously? Handwriting? That's your case? The letter was sent two days before the bombing, and yes, I have more.
- There's a fingerprint match a partial.
- Lifted from? The detonator, which was recovered at the scene.
- Okay.
- Key to the case.
My expert, Stu Packer, is gonna nail it on the stand.
Ohh.
Oh, yeah.
His name is Choke, which is all you need to know about him.
Claims Cody Kopple bragged to him about the bombing, which, yes, great, but I don't trust him.
And Felice? What does she have? Nothing.
An alibi witness who's also the sister.
Hey-o! You have plans tonight? I wanna practice my opening.
- Date.
Trish.
No, Teri.
- You're telling me there's anywhere you would rather be tonight? Uh, yeah.
Fine.
- Ha ha.
- Canceling.
Ha! The evidence will show that Cody Kopple believed that violence was a means to achieve an end.
- Tool to achieve? - Tool, better.
Mm-hmm.
- A tool to achieve his ends.
- Thank you.
If you want, I could just write the whole thing for you.
Um, I kinda wanna win, so - Ohh! - Ba-ba-boom! Dissed.
Not sure we need a giant photo of the bombing victim.
A small one will be fine.
Yeah, we do.
She's the one who died.
She's the reason we're here at all.
Could've been me.
I loved that bookstore.
Right now we need a new expert someone who will look at the partial fingerprint and - I got it.
- come to the same conclusion as poor Stu.
Meanwhile, I am going to do some research on Mr.
Choke.
Up in the stairwell? You will see here that in terms of the internal stroke construction - and referring to the slant relationships - Hmm.
all, of course, per the SWGDOC standard, that there is a clear agreement between individual letters.
- And how is that significant? - Oh, well, interesting I'm sorry.
I have to interrupt.
Ms.
Larsen, if I asked you if this was the defendant's handwriting and you had to give a yes or no answer If you would just allow the witness to continue The witness is giving us a lot of fancy jargon, but at the end of the day, handwriting analysis, much like a judge's decision, is vulnerable.
Handwriting analysis is an accepted science, Your Honor, your feelings about it notwithstanding.
Sounds like Maggie touched a nerve.
Absolutely not.
Her case is shoddy, Mark.
She thinks I won't notice? Meanwhile, Felice is in the gallery gloating about the appeal and the retrial, which is what she does.
Lola, Stu Packer died.
What? He did? Heart attack.
42 years old.
He died? We're looking for a new guy, but now it's a thing.
The case is losing strength.
You need to talk to me about Choke.
Choke was a disaster.
It was my fault.
It was a gamble.
I shouldn't have put him on the stand.
Why not? Kopple told him he had done the bombing.
- That admission alone - It wasn't that simple.
Choke belonged to all the same alt-right organizations as Kopple American Patriots, Third Rail, and he had these racist posts on Reddit.
- I saw 'em.
- About culling the herd.
So already the jury is against him.
Plus, he'd had these public battles with Cody on social media, so it would look like he was just trying to dispose of a rival by testifying against him.
All that, and he had a temper.
It was a mistake.
Felice had a field day.
It almost sunk the case.
By the way, it's "Feh-lee-chay" now.
- Say what now? - Apparently it's Italian.
Okay.
I've gotta go.
Have you been in touch with Angel's father? Daniel Mendoza.
Yeah, he's coming to the hearing this afternoon.
Well, when you see him, give him my best.
Tell him Tell him I'm sorry he has to go through this all over again.
I found him Choke.
Here's the address.
Wait.
I was doing Choke.
You were doing The expert.
Yeah, I did that, too.
- Here's the thing - Did you already talk to him? Choke? Of course not.
Her name is Ellen Kaplonsky.
- The expert.
- Would you please just listen? She sent in a whole new analysis of the fingerprint.
There's the sister, the alibi witness.
She redid all of Stu Packer's work.
There's Daniel Mendoza.
Have a seat.
I'll be right back.
Am I sitting at the table? Wait.
I need to tell you - Mr.
Mendoza.
- You must be Mark.
Lola Carmichael sends her best.
So sorry you have to go through this again.
Too bad she's not our judge.
How are you holding up? This thing happens every day.
I wake up.
It's a new day.
And then I remember.
Like a punch in the gut.
I can't breathe.
Two years later.
Lola promised me she'd put Kopple in jail, and then she did.
I trust you to do the same.
All rise.
District 61 of L.
A.
Superior Court in session.
Judge Abigail Delgado presiding.
It was inconclusive the fingerprint.
I've been trying to tell you.
The new expert says there isn't a conclusive match.
Inconclusive? No way.
Find another expert.
Lola, we have to disclose our finding, 'cause I guarantee you, Felice will have her own expert who also says that the fingerprint is inconclusive, so I Okay, so, inconclusive.
Yeah, fingerprints are out.
So plan "B" Choke? Maybe he's mellowed? You also have to worry about Kopple had an alibi.
- The sister, I know.
- I was able to impeach her.
Look at the transcript See what I did.
- I don't mean - It's okay.
You will, of course, do it your way.
Sherri.
I have to go.
It's okay.
You will get there without the fingerprint.
Talk to Choke.
Maybe you can contain him.
Toby! Toby! Come on! No better than that! Close out and stop that drive! The conviction was overturned on appeal, which means we're starting from scratch.
Yeah, leave me out of it.
It's not that easy.
Look, I tried to put all that behind me.
I'm reformed.
I'm a Christian now.
These kids, my church they don't need to know who I was, okay? Let's go, guys! "D" up! You know I'm recording this, and we're gonna look at it later! Listen, Choke, I am trying Gerry.
My name is Gerry.
It's always been Gerry.
I need you to testify.
Kopple bragged to you about doing the bombing.
That is crucial testimony.
I know you had a rough ride last time.
The defense lawyer, she kinda tore you to pieces.
Objection! Argumentative.
- Sustained.
- You wanted Cody Kopple to be convicted.
You were trying to dispose of a rival.
- Your Honor.
- Ask a question, Ms.
Bell.
- Were you not? - That doesn't count.
Did you not post on Reddit regarding Mr.
Kopple, "I'm gonna shove a knife in his gut"? - No, I didn't.
I didn't.
- Are you lying? That had nothing to do with Just like you lied to the police - about Cody's utterance.
- Objection! Sustained.
Bailiff! Young lady! Order! Order! Get off of me! Spent three months in jail for that.
Mr.
Peters, if I need to, I'll get a subpoena.
I don't remember what he said.
I was doing a lot of meth back then.
I mean, whole weeks are just gone.
That's the truth, okay? Come on, guys! Let's go! 2-3 zone! Come on, Jeff! Come on, dunk it.
Pick it up, Toby! Okay, Willie, so when the police searched your house, they found a notebook containing a detailed plan to kidnap Judge Gore.
They found handcuffs and mace in the trunk of your car, a receipt for a rented woodchipper.
All part of the therapy, yes.
And photos of Judge Gore walking his dog on an empty street.
It had to feel real, and it was working.
It was really helping.
You said you read about it on the internet? Yeah.
I I made a list of the, uh, websites.
It's called cognitive therapy, and and the goal is to examine the rationale behind certain destructive thought patterns, thereby altering the outcome.
And these websites will be in your browser history? 'Cause the police will have your laptop, and the prosecutor will definitely check.
Honestly, I bet they won't be there.
I bet the cops erased them from my history.
Like I told you, the the fix is in.
They want me to go down! Willie, you are a terrible liar.
- I'm not lying.
- Yes, yes, you are, and I would like to give you a thorough defense, but you have to be honest with me.
I um have I want to mention I think they're trying to poison me in jail.
Willie, what are you doing? Sorry.
What What is your Tell me your name.
Oh.
What is happening? Again? Mm.
Mark this, please, as People's exhibit 8.
Prescription-grade Fentanyl sold illegally at 6th Street near Lafayette Park.
Pills from the same batch were used to fill the illegal scripts and found on the defendant's person.
Forensic analysis of the pills can be marked as People's exhibit 9, as Do you have any evidence that the defendant sold the drugs on 6th Street? No, Your Honor, but we do Okay, so then let me recap.
A prescription pad that may well have been - the fruit of an illegal search.
- Your Honor A handwriting analysis - with a spectacular margin of error.
- Objection.
And some clearly circumstantial evidence.
This is inappropriate, Your Honor.
Permission to approach.
You are dangerously close to showing a bias in your courtroom.
I am entitled to question.
You are not entitled to argue for the defense while I'm still in my case in chief.
- I'm okay with it.
- Counsel, watch your tone.
Your Honor, I swear to God I will have you papered - out of the build - Maggie, stop.
I think we could use a recess.
- Your Honor? - I need to speak to Felice Bell.
Felice, walk with me.
It's time for you to drop the charges.
That's what you wanted to talk to me about? I have two separate experts willing to testify that the partial fingerprint is inconclusive.
I have an alibi witness.
The sister.
Yeah, she was impeached.
No, she was lawyered by Lola.
"Lawyered" not actually a word.
Katie Kopple was telling the truth.
She'll do it again, and this time, she will not be lawyered because you are not Lola Carmichael.
Drop the charges, Mr.
Callan! Mm.
Willie DeWitt is now feigning incompetence.
No way.
Literally switched tactics right in front of my eyes, claimed he couldn't remember my name.
- That is brash.
- Mm-hmm.
Can you tell me why he would be so brash? - Mm, like a little quiz? - Mm-hmm.
Hmm.
Well, if he was incompetent, that's a lesser charge, although he would have to convince a psychiatrist not easy.
Is there any chance he is incompetent? A tiny, miniscule, itty-bitty chance.
Well, then you go for it.
I mean, there's no downside.
You declare a doubt.
I mean, you could piss off the judge even more.
You could be pushing it too far, but, I mean, as a P.
D.
, I'm sure you're used to it.
Occupational hazard.
Huh.
Okay.
I'm doing it.
- It's on you.
- Really? Oh, I was just arguing.
Wait.
Seriously? Oh Katie Kopple Cody Kopple's sister.
She lives in San Diego.
Katie and Cody Kopple.
Seriously? I'm literally in the middle of telling you something.
She hates what Cody believes in.
She voted for Hillary.
- How do you know who she voted for? - Facebook.
The point is How much research have you done on Choke? - Why? - He was filming his players today, which, I know, is Anyway, I'm thinking we should find out if he had a penchant for I surveyed his social media/blogging activity from two months pre and two months post the date of the bombing, and he filmed literally everything, - so penchant, yes, I - Why are you doing this? You're a law clerk.
This isn't your job.
I'm ambitious.
I want to impress you.
I was there in the courtroom two years ago.
I was still in school, but I came to watch.
feminism, activism, equality, justice.
And it will show that he did this.
I was blown away.
Lola was extraordinary.
Yeah.
Lola is the best.
She's here.
I've been summoned? Ahem.
I hear it's "Feh-lee-chay" now.
It's authentic the inflection.
Your chambers are extremely large.
You once told me you had one goal in life to become a judge.
Do you remember saying that? Is that why you keep turning up in my courtroom? You wanted to see how it's done? Or maybe there's something else on your mind.
I wanted to see if you were still doing that thing that you did when you were a lawyer.
What thing would that be? It didn't matter if the sky was blue.
You could convince the jury it was orange or paisley.
Just by walking into the courtroom, you skewed the process, the truth, the facts.
The way that you talked, the smile you could take a jury anywhere, and the witnesses didn't stand a chance.
You could think faster than anyone.
You had an answer for everything.
You could adapt.
You convinced yourself.
You believed that what you were saying was right because you were saying it.
You made your own justice.
Are you still doing that? Are you putting people in jail because you're convinced that they're guilty or because the evidence says that they are? - If you think - No, I don't need an answer.
Just think about it.
I'm not good with people.
I wish that I were.
I always thought maybe if I were a different person, could we have been friends? Hmm.
She's wrong.
I hated Cody Kopple with a passion.
I wanted him to be guilty.
What if I put an innocent man in prison? Your Honor, I wish to declare a doubt in my client's mental competency to assist in his own defense.
- Really? - Or to fully understand the significance of these proceedings, - or indeed, his own actions.
- Interesting.
- Okay, let's hear it.
- Your Honor, this is theater.
There's nothing wrong with the accused.
Let her speak, Clayton.
Your Honor, I am determined to represent my client to the best of my ability the principle.
You understand.
I do, indeed.
I am not a psychiatrist, nor is Mr.
Berger.
Nor, with respect, Your Honor, are you.
You're seriously doing this.
And while I do not wish to squander the court's resources, if there is any possibility that my client is ill, then we all have a responsibility to see that he is given appropriate treatment.
Okay, then.
Criminal proceedings are suspended under Penal Code 1368.
The court will appoint an expert to examine Mr.
DeWitt and report back in two weeks.
Thank you, Your Honor.
- How'd it go? - Do you ever go home? Will you ever in this lifetime be finished studying? Three exams down, three left.
Ninth circle of hell.
Uh Willie is making a mockery of us, this building, me, and I am just helping.
So that doubt you had that 1%? Gone.
Vanished.
Nothing to declare.
If I wasn't a P.
D.
, I could fire him as a client, but I can't.
Does he know that? I mean I have an ethical imperative.
I can't just lie to the court.
You're good at this.
- I miss these offices.
- No, you don't.
You've got a case board.
Where are we at? You met Choke yet? His name is Gerry.
- He's a Christian now.
- And? He no longer remembers what Kopple told him.
I'll subpoena him, and we have his previous statements, but - Yeah.
- Given his temperament Tell me about Katie Kopple, Cody's alibi.
Katie was solid.
She had a family, a good job.
She was a nurse.
Never been in any trouble.
Never even been in debt.
She was a decent witness.
The sister was the key to Felice's entire strategy.
I had the evidence the fingerprint, the handwriting, Choke.
To get to reasonable doubt, she needed Katie.
But Katie was lying.
Perhaps you could tell us how you spent the evening.
So Cody arrived in his car about 3 p.
m.
He was tired, so he had a nap till 5.
Then we went out for tacos, then we came back and watched TV till midnight.
There was a "CSI" marathon, so So from 3 p.
m.
until midnight, - you were with him in San Diego? - I was.
No further questions, Your Honor.
Ms.
Carmichael.
Any photos? I'm sorry? Do you have any photos documenting your brother's visit to San Diego? Does Cody? - Does anyone? - No.
We weren't No.
Is there a receipt for dinner? I don't suppose Cody put it on his credit card.
- No.
- Is there any physical proof that Cody was in San Diego on June 15th, or do we just take his sister's word for it? Objection.
Argumentative.
Overruled.
Answer the question, Ms.
Kopple.
He was there.
You were how old when your parents died? - 18.
- And Cody was - 9.
- So you basically raised him.
- You were like a parent.
- Objection.
Relevance.
I'll allow it.
I'm sure you would do anything to protect your brother.
Are you horrified by what your brother says? By what he believes? I I mean we disagree about certain things.
"It is a vermin apocalypse.
"Rats and filthy bugs are crossing our borders every day.
" - Objection.
Your Honor - Overruled.
Cody is an impressionable.
He doesn't believe those things.
Ms.
Kopple, your husband is Korean-American.
Your kids are mixed race.
So when Cody says your marriage is an abomination and that your kids should be exterminated But he doesn't believe those things! Are you sure that it was that Friday night that Cody drove down to San Diego? It wasn't some other Friday night? You are hesitating, Ms.
Kopple.
You are under oath.
Yes! I am sure.
He couldn't have done the bombings.
I am sure! I am sure.
Nothing further.
She was lying.
I had zero doubt.
- But? - Nothing.
But nothing.
- Lola.
- But she was credible.
- What if I was wrong? - Credible? Lola, I've gone over the transcript.
There was I'm saying, what if the reason she hesitated was because And I'm saying follow that thought through, because if she was credible, - then Cody Kopple isn't guilty.
- First the handwriting.
Are you kidding me right now? Then an "inconclusive," Mark, on the fingerprint.
He is a vicious alt-right I mean, the statements alone that he made? There is plenty of circumstantial evidence.
Is this Felice talking? Because you know that she would do anything to get in your head.
You understand Did I want him to be guilty? Did I convince myself? Is that what you're doing, too? What I'm doing is following the evidence, the facts.
I am trying to build a case here.
You're not making assumptions? No, Lola, I'm not.
This case is a mess, and I'm trying to save it, and I don't need you coming with this whatever this is.
- I've got work to do.
- Mark I need to finish this.
How'd you know where I'd be? Kids on your team.
What you doing? I'm on the social justice committee.
Put the newsletter in the hymn books.
That's the only way people will read 'em.
Look, I got nothing more to say to you.
Gerry, I was pushy before.
It's my bad.
I'm passionate about what I do.
Ask any defense lawyer.
They'll tell you I am a giant pain in the ass.
I have a lot of respect for you.
We've all said and done things we regret.
God knows I'm right there with you.
But it's like you turned things around, Gerry.
Good for you.
Put a little speech together, huh? Give me some of those.
I guess I'm just wondering if all this stuff church, God, social justice committee you really changed, Gerry, or that's just an act? Just hiding out here? Because a young woman died, Gerry, and if you were a part of that, even a little bit, if you knew something and aren't telling, if you could put Cody Kopple in jail and don't, then you haven't changed.
You're still Choke.
You know, the last time I testified Yeah, I know.
Look, you don't need me.
You've got evidence.
Not enough.
The forensics are shaky.
Kopple's got an alibi.
I don't know how we're gonna beat it.
So I'm asking you to think again.
Scour your memory.
Maybe you took a photo, or there's a video of something.
You can't hide from your past, Gerry.
It happened, and you need to deal with it.
You know, I wasn't I wasn't prepared for, um When I saw the news reports, when I saw that he'd gone through with it, I felt like I was falling, you know, like a scream.
It was so terrifying.
You knew he was planning to do it before the bombing? If I show you something, you have to promise to protect me.
- From what? - Prosecution.
Time is up, liberal scum.
All your fake-news, immigrant-loving propaganda books gonna burn tonight.
Liberal scum gonna die.
When was this? Two days before the bombing.
I photographed it myself.
That makes me an eyewitness.
I promise.
Have we met? I'm dumping you as a client.
What? Wait I made a mistake.
There is nothing wrong with you, Willie, other than the fact that you are a terrible liar, and if you can't fool me, you sure as hell aren't gonna fool a shrink.
- You know how this ends? - How? You get a twice-as-bad sentence.
You're not incompetent, Willie.
You conspired to kill a judge.
You were an idiot, and you got caught.
- Ms.
Lopez, I told you - No, no more lies.
- I just - No! - But I - No! You wanna talk about a plea, I will sit back down.
Otherwise, good luck punking your next lawyer.
I thought you declared a doubt.
I have excellent news, Your Honor.
My client has made a full and robust recovery.
He is competent and repentant and wishes to change his plea.
Does he, indeed? - I'm guilty, Your Honor.
Sorry.
- Not yet, Mr.
DeWitt.
Your Honor, Ms.
Lopez and I have spoken, and the People are prepared to accept a plea deal.
Excellent.
Let's hear the terms.
Before we begin, counselors, if you would approach the bench.
I was out of line yesterday.
Maggie, you were right.
I was too aggressive in the way in which I questioned your witness.
That's on me.
I was overcompensating for something completely unrelated, doesn't matter what.
The point is it won't happen again.
Yes, Your Honor.
Okay.
Let's get this thing back on track.
Time is up, liberal scum.
All your fake-news, immigrant-loving propaganda books gonna burn tonight.
Liberal scum gonna die tonight.
Hollywood scum.
He has a map with the bookstore circled.
The detonator's a match for the one recovered on the scene the one with Cody's partial fingerprints on it.
Which were inconclusive.
So, Mr.
Peters Choke Gerry took the video.
He spoke with Cody before the bombing and after the bombing.
The video's time-stamped, and he's prepared to testify.
Mm.
I'll be honest, I'm disappointed.
I was looking forward to a battle.
Talk to me.
Your Honor, the defense and I have reached an agreement.
A plea deal, Ms.
Bell? Really? You had a previous verdict overturned in order to plead? New evidence has come to light, Your Honor.
- I should hope so.
- Your Honor, the terms - Mm.
- of the disposition are as follows the defendant will plead guilty or no contest to count 1, murder, and admit to the allegations of using an explosive device within the Penal Code sections 189 and 190.
2.
He'll be sentenced to life without the possibility of parole.
In return, the People will dismiss any remaining counts and allegations, including the potential for the death penalty.
Ms.
Bell, are you with us? Yes, Your Honor.
Hey, I got your text.
What's up? Have a seat.
This is weird.
I'm actually nervous about asking you this.
- Asking me what? - You remember before when I wasn't sleeping and you weren't sleeping and I was gonna ask you something - but then you were on a call? - Kinda.
Em, what's going on? Is there any chance that you need a roommate? Housemate? Someone to help pay the rent? I know it's weird asking just out of the blue I've been doing all these renos.
It's okay.
You don't have to say yes.
And they've gotten so out of hand, and I am so broke.
Do you need a housemate? Yeah.
I kinda do.
Yeah.
- Yeah? - Yeah! Okay.
Yay! Oh! Oh, God.
This is Carol.
She's having another crisis.
Ugh.
All right.
I'm outta here.
- Okay.
- Okay! Whoo! - Good night! - Good night.
I can't stop.
I've gotta - Okay.
- Wait.
Thank you for whatever, arguing.
It's what I needed.
Okay.
Wait.
I am, uh, filing papers tomorrow divorce papers.
I wanted to keep you in the loop, vis a vis, you know.
Okay.
You should be studying.
Why aren't you studying? - Oh! - Oh! - Sorry.
- That's That was my fault.
Sorry.
That's fine.
Ah, you and Judge Carmichael are so close.
Hey, Maggie.
I hope she doesn't get too comfortable up there because it's not gonna last.
That's a promise.
What did she have to say? Nothing.
You know, she's Maggie.
She's humorless.
Want some jerky? It's vegan.
That's gross.
Give me some.
So we are right back where we started.
Kopple got exactly the same sentence as before - life without parole.
- I'll take it.
You should trust your instincts.
He's guilty.
What? It felt like we were working together again.
The band was back together.
Yeah, it kinda was.
You're a tough act to follow, Carmichael.
Shut up.
You're not following anyone, Mark.
You are leading.
You pulled that case out of the fire because you're an incredible lawyer.
- So just - Shut up? - Yes.
- Well, good news is that it won't be long before another decision of yours is overturned.
Is that so? Lucky for you, you got me cleaning up your mess.
- Uh-huh.
- Gonna be a full-time job.
This stuff is so gross.
- It's amazing.
- It is so bad.
I got it from the health food store.
Will you be honest with yourself about how bad that is? It tastes just like jerky.