In Contempt (2018) s01e09 Episode Script
Black Lives Matter, Part One
Previously on In Contempt Tracy, Franklin's here.
I'll take care of it.
Tell Gwen I need to see her.
Nut job.
Stop the madness.
Holy shit.
Tessa Campanelli? I know you're sleeping with my husband, and frankly he's done better.
So you think you can just end this, like that? I just did.
Bennett and I are sort of moving in together.
Wow, Bennett, this is great.
Derek, Gwen.
Gwen, Derek.
Do you wanna get some dinner tonight? Not really.
You need to take me off this trial.
Gwen calls me like five times a night, and she might actually be the undead, because I swear she never sleeps.
Do we have a problem? We are supposed to be fighting for justice.
Wrong! Wrong! Wrong! Our job is to fight like hell for every single client.
A white cop killed by a young black man, the witnesses say he shot the officer in self-defense.
The black community no, the whole city needs to know this kid is going to get a fair trial.
I can't think of a better attorney than you, Ms.
Sullivan.
I'm not resisting! Jackson Allen Whitmore, of Washington Heights, is accused of shooting officer Jacob Lockman.
He is currently in custody here at Hollow Brook Hospital, being treated for a crushed windpipe.
Could you give us a moment? I'm not allowed to leave this room.
You're also not allowed to interfere with attorney-client privilege.
You really think he's gonna make a run for it? I'll be just outside.
Jackson, my name is Gwen Sullivan.
I'm gonna be your attorney.
Can you tell me what happened? Yeah.
What are they charging him with? Police won't tell us anything.
We haven't seen the actual complaint yet.
Since there's a cop dead, pretty sure it's going to be first degree murder.
My son has a crushed windpipe, that cop tried to kill him.
And that's exactly what we're going to argue.
Self-defense.
News is already calling him a cop killer.
Dawg, my son never been in trouble a day in his life.
Saves every single stray he meets.
His vision is to open his own veterinary hospital when he grows up because there ain't one in miles.
That's what they do, okay, but we will make sure everybody knows who Jackson really is.
This will not be easy.
We're going to need some photos of Jackson and we're going need you to talk to the press about your son.
I don't think you want me to do that, Mr.
Riggs, 'cause, see, I can't play the part of the grieving mother right now.
Maybe when I'm sure that Jackson isn't gonna die, but right now I'm filled with such an anger, and rage that I wanna do like Michael Brown's step father, and tell everybody, burn shit to the ground.
So, so no.
No, I'm sorry.
You don't want me talking to the press right now.
If you can excuse me.
The people have no notices, Your Honor.
We ask for remand.
- Your Honor - Ugh, ugh.
Don't bother, Counselor.
It's murder one.
You know he's gonna be remanded.
Well, I understand the deceased officer was wearing a body cam.
I want that footage.
That's gonna take some time for us to get Ugh.
Produce it, E.
J.
Posthaste.
Now, let's proceed.
Jackson Allen Whitmore, you are charged with violating Penal Law Section 125.
27.
Murder in the first degree.
How say you? Hey! Hey, hey! All right, gimme that skateboard.
What? I said, gimme the skateboard.
What? - Oh.
- Can you hear me now? This a joke.
Back up off me, man.
Hey! Don't disrespect me! The footage speaks for itself, doesn't it? The kid mouths off, then he obviously gets violent with the officer.
Yeah, to think a good cop would be killed by some punk, it's just unconscionable.
Unconscionable.
Jackson Whitmore is a 20-year-old community college Junior.
He was skateboarding in Washington Heights Plaza when officer Jacob Lockman told him to get off his skateboard.
Now, technically skateboarding in the Plaza is illegal, but so is spitting on the sidewalk.
Dashay just turned over the body cam footage.
Here it is again.
- Back up off me, man.
- Hey, don't disrespect me! Cuts off right there.
The cop shut it off? We don't know, but the two started scuffling, Jackson ends up face down on the pavement, cop on his back, he's got him in a choke hold.
Geez.
Just like Eric Garner.
Exactly.
This is a bystander video.
Now, the bystander started recording when he heard Jackson scream.
Jackson, thinking that he's about to be choked to death, reaches his hand back, gets his hand on the officer's gun, gets off two shots.
Now, unfortunately the bystander dropped his camera.
Not only don't we have the crucial moments of how and why the chokehold started, we don't have tape of the actual shooting.
- What about his partner? - He missed the whole thing.
He was across the street at a bodega getting coffee.
So we're looking at self-defense.
Except the justification statute says you can't claim self-defense if you were resisting arrest.
But go with me here.
What if we argue that there wasn't an actual arrest? Oh Honey, that's good.
And even if there was an arrest, the guy's trachea is crushed.
What does the statute say about excessive force in an arrest? The statute doesn't address it.
Let's do some research.
There must be case law on it.
Well the prosecution's already painting Jackson as a thug, and the cop as a fallen hero.
We need to create a different narrative.
Well the phone's been ringing off the hook.
MSNBC, CNN, they all want Gwen to appear.
And we need to find witnesses.
The initial burden is on us to present some facts to support self-defense before we can even take that claim to a jury.
We need to own the story of what happened in those missing pieces of tape before they do.
Wait, where's Vanessa? She quit last night? Look at that, you burnt out the rookie.
Shut up Charlie, she was just Way too fancy for this work.
Told you the little one wasn't ready to roll Sullivan style.
Don't put this on Gwen, I'm the boss here and I didn't clock she was struggling.
We should have never pulled her in on that homicide.
- Or your orbit of crazy.
- This isn't funny.
I liked her, she had a good heart, she was learning.
And yet she left, with no notice.
I thought you were starting to like her too.
Yeah, maybe, but the no notice thing? Uh-huh, Bye-bye Bambi.
Good riddance.
You okay? You really ready for this fame, infamy? I don't know.
I mean, I've tried big cases before but nothing like this.
You know you're gonna be the target of every ignorant racist bastard with internet access? You got thick enough skin? Oh please, you saw how much lotion I brought to that spa? Look, I'm worried about you.
When you take on a case, you don't eat well you don't sleep, and you're addicted to that shit.
Bennett, I know you mean well, and it's really sweet, but I don't need you to take care of me.
I'm fine.
Taking care of each other is the point, Gwen.
Don't get mad, I made you an appointment with that nutritionist.
Bennett, I don't have time for that right now.
Maybe you should make time.
I work long hours too, and when I take care of my body well I write better.
I hear you.
I do.
It's just that I don't have time for that right now.
Okay, "Ms.
Thick Skin".
You just remember, you go out there, and you get it.
Thanks.
I know you didn't eat breakfast.
Try to force a muffin down.
Or those.
What's this? You got a letter from the payday loan place.
I opened it by mistake.
I swear.
Honey, it says you're way overdue with your payment.
Just leave it, okay? They sent two letters? Oh, no, Honey, I got my own version of U.
S.
Mail delivery hell.
The disciplinary committee? They're investigating you? Who filed a complaint, Dodson? No, he'd be the last person.
If I go down, so does he.
How many judges have you slept with? Counting state and federal? Seven.
Tracy, this is not a joke.
I wasn't joking.
Oh.
Well look, this is your livelihood.
If you get disbarred you're done, so we gotta make an enemies list.
Judge Fortman and Judge Myers? Gwen, no judging.
Okay, sorry.
Okay look, I would start with this one, and then there's that.
Who's that? The person in your blind spot, the one you can't see coming.
Don't tell me you got a letter too? Prosecution is moving to preclude self-defense.
All lives matter! All lives matter! Officer Jacob Lockman was a hard-working veteran police officer, and now his family is left without a father and a husband.
All lives matter! Ms.
Sullivan, Ms.
Sullivan, what's your strategy? How is your client doing? My son is a good kid.
He's a college student.
He went out to skateboard.
To skateboard.
And he ended up in the hospital with a crushed windpipe, unable to breathe.
Now how does that happen? I will tell you how it happens, it happens because a racist New York City cop thought that my son on a skateboard was a threat.
Like so many other black men in this country, Jackson was aggressively confronted by a police officer.
He was about to be killed, and he acted in self-defense.
We are confident that a jury will agree with us, no further comments.
All lives matter! I'm not resisting! Chains? Jesus, really? It's a show of force for the brothers and sisters in blue.
'Eff me then.
Hey.
Take your bandage off and sit up straight.
All rise.
Be seated.
I required an escort to part the Red Sea of reporters this morning, and I get the feeling fisticuffs might break out at any minute.
It's interesting you should bring that up, Your Honor Shouldn't you be sitting at the other table, Counselor? Ms.
Hastings recently joined our office, Your Honor.
- That's interesting.
- And a conflict of interest.
Your Honor, while I was recently employed at the Defenders Association, I had no exposure to this case, so there is no conflict.
Oh there's a conflict.
I see no reason to disqualify counsel.
Now, do People have a motion? Yes, Your Honor.
Penal Law Section 35.
27, if the force used in self-defense during During an arrest.
Yes, we know, but the encounter was not an arrest, it was an assault.
- By whom? - The officer.
He's the one who actually committed the crime here, and if excessive force was used, then Mr.
Whitmore was within his rights to act in self-defense.
People v.
Stevenson, People v.
Sanses.
She's right Mr.
Dashay, but Ms.
Sullivan, do you have any evidence to support your position? We've just begun our investigation, Your Honor So then that's a no, and with self-defense you have the initial burden.
Huh.
Now he's right, Ms.
Sullivan.
You need to make out a prima facie case for self-defense, - otherwise I will preclude it.
- Judge, if you do that The whole city is watching, Counselor.
I know it's difficult, but try to respect the robe.
- Did you just see that? - See what? Sleeping with the enemy.
Judas.
Did I ever tell you how much I hate canvassing? Yep, just about every time we do it.
Anyone look like a key witness to a police shooting? The policeman asked the kid to get off the skateboard nicely, and then a few seconds later he reached in his pocket like he was gonna pull out a gun.
Look, I remember seeing the cop and a black guy, they started, they started shoving each other, you know? And then the cop, he pulled out his gun.
Yeah, yeah, I was there.
White boy took out his baton, and commenced to giving him a beat down.
And when the kid said what, the cop said, can you hear me now? And the kid just laughed, and then the cop became like a crazy person.
He lunged at the kid like he was in a bar fight, put him right in a chokehold.
I thought he was gonna kill him.
Did the cop ever say the kid was under arrest? I don't think so, no.
Why? We got lucky, a carpool mom saw everything.
Says the cop just lost his cool and went for Jackson.
Will she testify? Eat.
Says it's her civic duty.
Talk about a unicorn.
Okay this is good, because maybe it'll establish that this wasn't an arrest.
Maybe the cop was the first aggressor.
But we need more.
What about Lockman's civilian review panel file? Any issue of him shutting off his body cam? Two complaints, nothing about the cam, and both were deemed unfounded.
The judge will never let them in.
If what Janine says is true, the guy has an anger problem, and then if that's true he's gotta have a paper trail of being an asshole, or there's somebody out there with a story to tell about him.
Tracy's right.
We cast a wider net.
Maybe he's clean as a cop, but there's no way he's clean as a dude.
Meaning? Meaning forget about Officer Lockman.
How much do you know about Jacob Lockman? I don't like to say anything bad, okay, but this guy, he has some problems.
Yeah yeah, he always wanted to be a cop.
He liked the power, I think anyways.
We dated for like, a year.
Nice guy.
This man in a Mustang was waiting for a parking space.
He honked at me, so I decide to slow down.
Anyway, I pulled out, but then our cars touched.
It was a small scratch, no big deal, nothing happened.
So this guy gets out of his car and just hits me on the chin.
So we fought.
Did you file a police report? Yes, but nothing happened.
And no big surprise, 'cause you know why? Even though he was an asshole, he was a cop.
Dashay's gotta know about the fender bender issue.
Well, if there was a criminal investigation he absolutely knows.
So how do we get the police reports? We request them in our omnibus motion, wait for him to trip on his own shoelaces.
- Excuse me, who are you? - Are you Gwendolyn? I'm Glenmore.
Bennett, uh, he scheduled us for a 2PM consultation.
I'm sorry, I thought you knew.
Ugh, Lisa was MIA, and reception was crowded, so I stuck him in here.
Did you tell her about the needles yet? This should be amusing.
Will somebody please fill me in? Bennett asked me to prepare 10 meals per week, lunch and dinner, all delivered to the office.
Why do I get the feeling this is not gonna end well? Where's the food? Ugh.
Oh, I have a book, and it's called The Blood Type Diet.
I won't bore you with all of the science, but my diets are tailored to your blood type, so I just need a blood sample before I prepare all the meals.
Okay, that's a good one guys.
Seriously? Serious.
It's not a joke.
Nope, serious.
Get Dracula out of here.
No, I know it sounds a bit out there, but Glenmore, I appreciate you coming, I really do, but if you don't get up out of my office right now Honey, honey, no.
Gwen.
Advance America Payday Loans.
Girl they have called you four times.
Thanks Lisa.
Yeah.
Hey! How's it feel to be on a winning team? Still adjusting, it feels a little like whiplash.
Won't take long.
A few weeks of putting the bad guys away and you'll come to loathe the Defense as much as I do.
Speaking of which, the Defense wants Officer Lockman's disciplinary records, and Internal Affairs reports.
He's got an incident, someone pressed charges against him.
A fight over a parking space.
- And did it move forward? - No.
Then it never happened.
E.
J.
, they moved for this stuff, we have to hand it over.
The last time I did that, a witness wound up dead.
You were there, remember? That was different.
This is Brady material, it's exculpatory.
How is it exculpatory? If the officer was the initial aggressor It was investigated, and it never went anywhere.
But they should be able to talk to the guy themselves.
Why? We have no indication that this is a bad cop.
He has a couple civilian complaints, so does everyone else that's been on the force for 20 years.
He has no disciplinary record to speak of.
E.
J.
, I'm good with getting the bad guys, but we have to play fair.
You know what's fair? Not giving a defense attorney the ammunition to walk a cop killer out the door.
Judge, we want to ensure that the Prosecution has turned over all discovery to the Defense.
The Defense has all pertinent discovery.
- Pertinent? - The People have turned over any and all discovery to the Defense.
Well, that's interesting, because we've uncovered a gentleman who is willing to testify as to the officer's history of violence.
Specifically, an incident over a parking space.
There was a criminal investigation.
I'm unaware of any arrest record, Your Honor.
As Mr.
Dashay well knows, we didn't just request the arrest records for the officer, we requested his disciplinary records, including any Internal Affairs investigation reports.
Mr.
Dashay, I'd strongly recommend that you don't withhold any Your Honor, I ugh, uncovered, uhm, discovered the file just this morning.
I should've let my lead counsel know that I had it.
Your Honor, I request that sanctions be levied against Ms.
Hastings.
It was an honest mistake She just sat through that whole back and forth and didn't say anything.
I'm sorry Your Honor, I It's just, I'm new, and I am honestly afraid of Mr.
Dashay.
Everyone is allowed a rookie mistake, Ms.
Hastings, but only one.
Except she's not a rookie, Judge.
She worked for us, and she knows what discovery is.
Ms.
Hastings, you've just used your one.
We understand each other? Loud and clear, Your Honor.
Don't ever contradict me in court again.
I just saved your ass back there.
You could've been caught lying to a judge in front of the press.
I told you that file was not exculpatory.
Try explaining that to the media or the general public.
It wasn't your call.
I know the law, E.
J.
, and no matter what side of it I'm on, I try really hard to follow it.
I'm sorry you're mad, but I can't just lie to a judge.
Also, I know Gwen's moves.
She was setting you up, so you're welcome.
We need to talk.
And it just keeps getting worse.
Go away E.
J.
, this has nothing to do with you.
What do you want? I'm gonna ask you one question, and I want one answer, and it better be the truth.
Did you report me to the State Bar? Wow.
- You play Russian roulette long enough, - Was it you? Tracy, I don't care enough about you or the trolls you sleep with to spend my time trying to hurt you.
Just tell me.
It wasn't me.
I forgot to ask you, did you see Glenmore today? Yeah, about that.
I wasn't gonna say anything, because frankly I have to finish my open, but really? Pick a diet for your blood type? The guy wanted to draw my blood on the spot.
He's lucky I didn't draw his, or yours.
What's going on with you? The spa, blood type diets, that stuff isn't the guy I knew eight years ago.
Well, maybe I changed a little.
Just trying to help.
Bennett, I don't need help.
And I don't need fixing.
I'm not trying to fix you, but you do need sleep, and you can't argue with that.
I've never been able to sleep before the first day of a trial.
Oh really? Well, if you are looking to sleep, there's a really good way to sleep.
The mattress is for sleeping, too.
I was just thinking about when I saw you at Nula's that first night, - I must have been staring.
- I remember thinking, why is Miss America on the defense's side? You did not.
Gwen told me to stop fraternizing with the enemy.
Yeah that sounds like her.
So, why did you decide to become a prosecutor instead of a defense attorney? I wanted the trial experience, and connections, you know.
- You want to run for office? - Maybe.
Why so defensive? You know how many times people imply that I'm a bad guy because I put bad guys away that look like me? How many times I get called a sellout? Does that ever give you pause, to prosecute so many black people? Of course it gives me pause, but they committed crimes, Vanessa.
If they hadn't, I wouldn't prosecute them.
And most of my cases, black people are the ones being victimized.
I mean, shouldn't they have a prosecutor like me to pursue justice for them? Yes, but do you have to be so hard-core? Well you are.
My uncle was a cop.
You know, he used to say that white folks didn't have to carry the burden of the race on their shoulder.
They could pursue a career, get by as best they can.
And prosecutors don't get ahead by being soft on crime.
I know what Gwen would say about that.
And I really don't care what Gwen would say.
You know, you might like her if you got to know her.
She has a million funny little quirks.
Oh, yeah? What's your favorite? Well, when she has a big trial, she starts her opening with, when I was a kid, I believed in magic and miracles.
I never noticed that.
Come on, we have a trial soon.
Damn, that's today? I'm not resisting! I'm not resisting! Open your eyes! It's the criminal justice system that's the criminal, and it's destroying us, my brothers and sisters Franklin, are you okay? I'm just telling them it's the system.
- Okay, are you on your meds? - I'm fine.
I am fine.
I know exactly what I'm doing.
I am not resisting.
Those are the words of a man being choked by the system! I can't talk right now.
It's on the thumb drive, okay? Thanks Akeem.
Nice move in court yesterday.
Reminded me that despite your recent shitty behavior you actually do have principles.
It wasn't personal, you know.
That's funny, because quitting without telling me and then showing up on this case, that feels pretty personal, Vanessa.
- I didn't plan that.
- Yet here you are.
Gwen, I'm sorry.
I'll see you in court.
All parties prepared to proceed? - Yes, Your Honor.
- Yes, Your Honor.
When I was a child, I believed in magic and miracles, but as a adult I must put childish things aside and look at life the way it really is.
My partner was a straight up professional.
His arrests were textbook.
If Jake laid hands on anyone, he always told them they were under arrest.
- Objection! - Objection! One at a time, for heaven's sake.
Your Honor, the People can't possibly think it's appropriate to offer completely speculative testimony regarding the crucial time frame in this encounter.
It's habit evidence, Judge.
Overruled.
Would he read them their rights? Always, even when he didn't have to.
What about use of force? We get a lot of training on the use of force.
We're only allowed to use the minimum amount of force necessary to protect ourselves, and bring the suspect into police custody.
Jake followed that rule to the letter.
He had strong feelings about not being excessive.
He's so full of shit.
Yet your partner doesn't appear to back off when the defendant said, I'm not resisting.
Again, calls for speculation.
I shall allow it.
Defendants always say they aren't resisting, even when they are.
I once had a guy slamming me into a wall, yelling, I'm not resisting.
And what about the defendant's crushed trachea? If Jake crushed the guy's trachea, I would say it was because he was fighting back against an enormous amount of physical force.
- Objection! - Objection! Sustained.
That's a bridge too far, Mr.
Dashay.
The jury shall disregard that last answer.
Thank you, Officer Alpern.
We are adjourned, we'll continue tomorrow.
All rise.
Hello again Audrey.
Oh, are you kidding me? You've got a lot of nerve coming to my home.
- I need to talk to you.
- I don't think so.
Please, Audrey? I just need to know if you made an ethics complaint against me to the State Bar.
Oh, so it finally caught up with you.
If I'm disbarred Audrey, I have nothing left.
That's not my problem.
Look, I know that I've done you wrong, and I am I'm sorry if I caused you or your marriage any pain, I An if-pology is not an apology.
Okay, you want me to grovel? Fall at your feet? I was wrong to have slept with your husband, he is a good man, but He is a good man, but he is your man.
I'm sorry, I'm truly sorry.
You know, I used to be furious with you, but now I just pity you.
Audrey, the chicken's done.
I'll be right there.
Listen, if your career goes down then so does my soon-to-be ex-husband's, and I stand to lose a lot of alimony.
Sorry sweetheart, but you're just not worth it.
Yes, yes yes, I got the lead character.
Yeah, I feel free, I'm loose, and it's just flowing.
It's flowing, man.
Ronnie, listen to me man, this is gonna be it.
Promise you.
I promise, I'll have that draft to you by the end of the week.
I gotta go.
All right, bye.
Welcome home, dear.
This looks wonderful, but Lesson learned, it's buffet style.
Grab your food, retreat to your corner, and get the work done.
What's wrong? You okay? No, I'm not.
Dashay stole my opening, the dead cop's partner is lying through his teeth, and my guy is facing life in prison having just recovered from having his trachea crushed, so no.
What happened to my food? The fake food police came in here.
I fought them off, but they had a warrant, so No seriously, where are my Flame bolts? I threw them out.
We had a deal, remember? After your last trial, - we said that would be it.
- What is wrong with you? Why are you so obsessed with what I eat and what I drink? - Now you're mad.
- You're damn right I'm mad.
Stop treating me like a child.
Then don't live like one.
News flash, you're not my parent.
Someone has to be brave enough to stand up to you and tell you when you're in trouble.
The only trouble I have right now is trying to do what I need to do without my Flame bolt You know what, I'm gonna stay down here tonight.
Be easier for me to work and to think.
Do that.
I'm gonna go for a walk.
- Fine.
- Fine.
Officer Alpern, let's talk about minimum force.
Isn't it true that Oh Officer, isn't it Charlie.
There's no way Adler's gonna give us an adjournment.
What if I faked a coma? He'd never believe it.
Oh it's okay, he can stay.
Good news and bad news, Ms.
Sullivan.
Good news first? The good news is you didn't have a heart attack.
The bad news is you do have a small arrhythmia.
Your blood pressure was through the roof when you came in.
So let me try to be as clear as I can, you need to start taking much better care of yourself.
Okay? Yeah, okay.
I hear ya, thanks.
Okay.
Hey, he's serious.
I know.
Look, don't go getting all squishy on me Riggs.
You scared the hell out of me.
Nothing like getting a 3 AM call from your friend thinking she's having a heart attack.
I know.
Thanks.
Now look who's getting all squishy.
You know what, next time call the ambulance.
I'll meet you here.
I didn't wanna seem stupid.
Where was Bennett? - We had a fight.
- And? And things are fine.
They're fine.
Really.
But I'm glad it was you.
I was looking for you.
I figured you went out for bacon egg and cheese, and um Bennet, look, I'm sorry I should have listened to you.
And I'm telling you, from here on out, this place is gonna be stocked to the ceiling with Flame bolts.
Actually, you were right.
Had a little episode last night, it's a heart palpitation thing.
Not a big deal, but I went to the ER, and they fitted me You went to the hospital last night? Why didn't you call me? Because I was mad, and embarrassed.
Gwen, I don't want you to ever have to go through something like this alone because you're embarrassed.
You okay? I'm fine.
Turned out to be almost nothing, it's a small arrhythmia.
Are you sure? Really? I promise.
Just a scare.
Point made.
Awh, I hate the idea that you went through something like this alone.
So, what did you do? Did you haul yourself downstairs and hail a cab? I called an Uber.
Just to be clear, you did not see the altercation, did you? That's correct, I was across the park getting coffee at a bodega.
I ran over after I heard the shots.
So you never heard your partner say anything about being under arrest? No.
And surely you'd agree that not every encounter with a civilian leads to an arrest, right? Of course not.
And when you do decide to arrest someone, you always use the minimum force necessary right? Yes.
So it is your testimony that this is the minimum force necessary? Hey man! Stay down.
Stop resisting! Hold still.
Stop resisting! Under the circumstances.
So this child riding his skateboard required Officer Lockman to do this? Under the circumstances, yes.
Now these same police procedures in your department, did they also justify the fatal point-blank shooting of Warren Henning last year? Objection Your Honor, this is outrageous and offensive.
The officer says the use of force depends on the circumstances.
I'm allowed to investigate what he means.
Ahhhh, be aware, you're very close to the line Ms.
Sullivan.
You bet.
That was entirely reasonable under the circumstances.
And what about this, the beating of Isaiah Marin? Objection.
Again, yes.
We live in a dangerous world, some people pose a threat.
And how about this officer in Cincinnati, the one who shot Damien Carmore in the back as he ran away? Well, we don't know what happened before that photo was taken He was 20 feet away from the cop, running away.
Is there a question there? Withdrawn.
In this case, officer, who had the gun, Jackson Whitmore or your partner? - My partner.
- Who had the nightstick? Who had the taser, who had backup, who had martial arts and combat training? Objection.
One question at a time, Ms.
Sullivan.
Of course.
Officer, in your 16 years on the force, have you ever seen a case of police brutality that you did not think was justified? No? That's what I thought.
No further questions.
You should just close your Twitter account.
It gives me insight.
It's like the unfiltered Id of the city.
So, bed? I'm not going to bed, Bennett.
Hey, what's with the tone? I have a tone because I feel like we keep having the same conversation, and I don't understand why.
All I did was ask you if you were coming to bed.
No you were pushing me.
Gwen, I'm trying to help you.
No, you're trying to control me.
You're trying to make me into somebody I'm not.
How did this go from me asking you to come to bed to me trying to control you? All you ever do is tell me what's wrong with me.
I don't get enough sleep, I don't eat right, I'm short tempered, I'm obsessed with work.
But you know what Bennett? That's who I am.
That's me.
I'm crazy, I'm complicated, I'm messed up.
God, I really want for this to work out, but Then stop thinking that this is all about me.
This is a two-way street, and I'm doing what I do.
And that's to take care of people.
And why is that such a big deal for you to let me do that? I am letting you do that.
You don't even know how much.
I just left everyone at the office working to come back here and be with you, and it makes me wanna jump out of my skin.
Thanks a lot.
This is who I am, Bennett.
My work comes first.
I'm not predicable or perfect, I'm not sweet.
I am not sweet.
And maybe you can change who you are for a woman, and pretend to like vegan food because that makes you happy, but that's not me.
I'm not gonna drop everything and go on a book signing tour with you, and learn how to hand make native foods.
And if you can't deal with that, if you can't just accept me for who I am, then So how did you really get to the hospital last night? Charlie.
I called Charlie.
You love him? I trust him.
So that's it.
I think it is.
I'll come by later to get my things.
New evidence has come to light today in the Jackson Whitmore trial.
A rap video made by the youth There you are, I've been trying to reach you.
I just broke up with Bennett.
Oh, Honey.
It seriously undermines the defendant's Then this is really gonna make you feel terrible.
I don't mess with cops.
Shoot till they body drop.
Shoot till they beg to stop.
Yeah it's going down, they don't like no black or brown.
Kill them all, don't make a sound.
Sad I know, why they wanna fuck up everywhere I go Line 'em all up, put 'em on death row, making me feel like there's no hope.
Shoot till their body drop.
Shoot till they beg to stop.
Yeah it's going down
I'll take care of it.
Tell Gwen I need to see her.
Nut job.
Stop the madness.
Holy shit.
Tessa Campanelli? I know you're sleeping with my husband, and frankly he's done better.
So you think you can just end this, like that? I just did.
Bennett and I are sort of moving in together.
Wow, Bennett, this is great.
Derek, Gwen.
Gwen, Derek.
Do you wanna get some dinner tonight? Not really.
You need to take me off this trial.
Gwen calls me like five times a night, and she might actually be the undead, because I swear she never sleeps.
Do we have a problem? We are supposed to be fighting for justice.
Wrong! Wrong! Wrong! Our job is to fight like hell for every single client.
A white cop killed by a young black man, the witnesses say he shot the officer in self-defense.
The black community no, the whole city needs to know this kid is going to get a fair trial.
I can't think of a better attorney than you, Ms.
Sullivan.
I'm not resisting! Jackson Allen Whitmore, of Washington Heights, is accused of shooting officer Jacob Lockman.
He is currently in custody here at Hollow Brook Hospital, being treated for a crushed windpipe.
Could you give us a moment? I'm not allowed to leave this room.
You're also not allowed to interfere with attorney-client privilege.
You really think he's gonna make a run for it? I'll be just outside.
Jackson, my name is Gwen Sullivan.
I'm gonna be your attorney.
Can you tell me what happened? Yeah.
What are they charging him with? Police won't tell us anything.
We haven't seen the actual complaint yet.
Since there's a cop dead, pretty sure it's going to be first degree murder.
My son has a crushed windpipe, that cop tried to kill him.
And that's exactly what we're going to argue.
Self-defense.
News is already calling him a cop killer.
Dawg, my son never been in trouble a day in his life.
Saves every single stray he meets.
His vision is to open his own veterinary hospital when he grows up because there ain't one in miles.
That's what they do, okay, but we will make sure everybody knows who Jackson really is.
This will not be easy.
We're going to need some photos of Jackson and we're going need you to talk to the press about your son.
I don't think you want me to do that, Mr.
Riggs, 'cause, see, I can't play the part of the grieving mother right now.
Maybe when I'm sure that Jackson isn't gonna die, but right now I'm filled with such an anger, and rage that I wanna do like Michael Brown's step father, and tell everybody, burn shit to the ground.
So, so no.
No, I'm sorry.
You don't want me talking to the press right now.
If you can excuse me.
The people have no notices, Your Honor.
We ask for remand.
- Your Honor - Ugh, ugh.
Don't bother, Counselor.
It's murder one.
You know he's gonna be remanded.
Well, I understand the deceased officer was wearing a body cam.
I want that footage.
That's gonna take some time for us to get Ugh.
Produce it, E.
J.
Posthaste.
Now, let's proceed.
Jackson Allen Whitmore, you are charged with violating Penal Law Section 125.
27.
Murder in the first degree.
How say you? Hey! Hey, hey! All right, gimme that skateboard.
What? I said, gimme the skateboard.
What? - Oh.
- Can you hear me now? This a joke.
Back up off me, man.
Hey! Don't disrespect me! The footage speaks for itself, doesn't it? The kid mouths off, then he obviously gets violent with the officer.
Yeah, to think a good cop would be killed by some punk, it's just unconscionable.
Unconscionable.
Jackson Whitmore is a 20-year-old community college Junior.
He was skateboarding in Washington Heights Plaza when officer Jacob Lockman told him to get off his skateboard.
Now, technically skateboarding in the Plaza is illegal, but so is spitting on the sidewalk.
Dashay just turned over the body cam footage.
Here it is again.
- Back up off me, man.
- Hey, don't disrespect me! Cuts off right there.
The cop shut it off? We don't know, but the two started scuffling, Jackson ends up face down on the pavement, cop on his back, he's got him in a choke hold.
Geez.
Just like Eric Garner.
Exactly.
This is a bystander video.
Now, the bystander started recording when he heard Jackson scream.
Jackson, thinking that he's about to be choked to death, reaches his hand back, gets his hand on the officer's gun, gets off two shots.
Now, unfortunately the bystander dropped his camera.
Not only don't we have the crucial moments of how and why the chokehold started, we don't have tape of the actual shooting.
- What about his partner? - He missed the whole thing.
He was across the street at a bodega getting coffee.
So we're looking at self-defense.
Except the justification statute says you can't claim self-defense if you were resisting arrest.
But go with me here.
What if we argue that there wasn't an actual arrest? Oh Honey, that's good.
And even if there was an arrest, the guy's trachea is crushed.
What does the statute say about excessive force in an arrest? The statute doesn't address it.
Let's do some research.
There must be case law on it.
Well the prosecution's already painting Jackson as a thug, and the cop as a fallen hero.
We need to create a different narrative.
Well the phone's been ringing off the hook.
MSNBC, CNN, they all want Gwen to appear.
And we need to find witnesses.
The initial burden is on us to present some facts to support self-defense before we can even take that claim to a jury.
We need to own the story of what happened in those missing pieces of tape before they do.
Wait, where's Vanessa? She quit last night? Look at that, you burnt out the rookie.
Shut up Charlie, she was just Way too fancy for this work.
Told you the little one wasn't ready to roll Sullivan style.
Don't put this on Gwen, I'm the boss here and I didn't clock she was struggling.
We should have never pulled her in on that homicide.
- Or your orbit of crazy.
- This isn't funny.
I liked her, she had a good heart, she was learning.
And yet she left, with no notice.
I thought you were starting to like her too.
Yeah, maybe, but the no notice thing? Uh-huh, Bye-bye Bambi.
Good riddance.
You okay? You really ready for this fame, infamy? I don't know.
I mean, I've tried big cases before but nothing like this.
You know you're gonna be the target of every ignorant racist bastard with internet access? You got thick enough skin? Oh please, you saw how much lotion I brought to that spa? Look, I'm worried about you.
When you take on a case, you don't eat well you don't sleep, and you're addicted to that shit.
Bennett, I know you mean well, and it's really sweet, but I don't need you to take care of me.
I'm fine.
Taking care of each other is the point, Gwen.
Don't get mad, I made you an appointment with that nutritionist.
Bennett, I don't have time for that right now.
Maybe you should make time.
I work long hours too, and when I take care of my body well I write better.
I hear you.
I do.
It's just that I don't have time for that right now.
Okay, "Ms.
Thick Skin".
You just remember, you go out there, and you get it.
Thanks.
I know you didn't eat breakfast.
Try to force a muffin down.
Or those.
What's this? You got a letter from the payday loan place.
I opened it by mistake.
I swear.
Honey, it says you're way overdue with your payment.
Just leave it, okay? They sent two letters? Oh, no, Honey, I got my own version of U.
S.
Mail delivery hell.
The disciplinary committee? They're investigating you? Who filed a complaint, Dodson? No, he'd be the last person.
If I go down, so does he.
How many judges have you slept with? Counting state and federal? Seven.
Tracy, this is not a joke.
I wasn't joking.
Oh.
Well look, this is your livelihood.
If you get disbarred you're done, so we gotta make an enemies list.
Judge Fortman and Judge Myers? Gwen, no judging.
Okay, sorry.
Okay look, I would start with this one, and then there's that.
Who's that? The person in your blind spot, the one you can't see coming.
Don't tell me you got a letter too? Prosecution is moving to preclude self-defense.
All lives matter! All lives matter! Officer Jacob Lockman was a hard-working veteran police officer, and now his family is left without a father and a husband.
All lives matter! Ms.
Sullivan, Ms.
Sullivan, what's your strategy? How is your client doing? My son is a good kid.
He's a college student.
He went out to skateboard.
To skateboard.
And he ended up in the hospital with a crushed windpipe, unable to breathe.
Now how does that happen? I will tell you how it happens, it happens because a racist New York City cop thought that my son on a skateboard was a threat.
Like so many other black men in this country, Jackson was aggressively confronted by a police officer.
He was about to be killed, and he acted in self-defense.
We are confident that a jury will agree with us, no further comments.
All lives matter! I'm not resisting! Chains? Jesus, really? It's a show of force for the brothers and sisters in blue.
'Eff me then.
Hey.
Take your bandage off and sit up straight.
All rise.
Be seated.
I required an escort to part the Red Sea of reporters this morning, and I get the feeling fisticuffs might break out at any minute.
It's interesting you should bring that up, Your Honor Shouldn't you be sitting at the other table, Counselor? Ms.
Hastings recently joined our office, Your Honor.
- That's interesting.
- And a conflict of interest.
Your Honor, while I was recently employed at the Defenders Association, I had no exposure to this case, so there is no conflict.
Oh there's a conflict.
I see no reason to disqualify counsel.
Now, do People have a motion? Yes, Your Honor.
Penal Law Section 35.
27, if the force used in self-defense during During an arrest.
Yes, we know, but the encounter was not an arrest, it was an assault.
- By whom? - The officer.
He's the one who actually committed the crime here, and if excessive force was used, then Mr.
Whitmore was within his rights to act in self-defense.
People v.
Stevenson, People v.
Sanses.
She's right Mr.
Dashay, but Ms.
Sullivan, do you have any evidence to support your position? We've just begun our investigation, Your Honor So then that's a no, and with self-defense you have the initial burden.
Huh.
Now he's right, Ms.
Sullivan.
You need to make out a prima facie case for self-defense, - otherwise I will preclude it.
- Judge, if you do that The whole city is watching, Counselor.
I know it's difficult, but try to respect the robe.
- Did you just see that? - See what? Sleeping with the enemy.
Judas.
Did I ever tell you how much I hate canvassing? Yep, just about every time we do it.
Anyone look like a key witness to a police shooting? The policeman asked the kid to get off the skateboard nicely, and then a few seconds later he reached in his pocket like he was gonna pull out a gun.
Look, I remember seeing the cop and a black guy, they started, they started shoving each other, you know? And then the cop, he pulled out his gun.
Yeah, yeah, I was there.
White boy took out his baton, and commenced to giving him a beat down.
And when the kid said what, the cop said, can you hear me now? And the kid just laughed, and then the cop became like a crazy person.
He lunged at the kid like he was in a bar fight, put him right in a chokehold.
I thought he was gonna kill him.
Did the cop ever say the kid was under arrest? I don't think so, no.
Why? We got lucky, a carpool mom saw everything.
Says the cop just lost his cool and went for Jackson.
Will she testify? Eat.
Says it's her civic duty.
Talk about a unicorn.
Okay this is good, because maybe it'll establish that this wasn't an arrest.
Maybe the cop was the first aggressor.
But we need more.
What about Lockman's civilian review panel file? Any issue of him shutting off his body cam? Two complaints, nothing about the cam, and both were deemed unfounded.
The judge will never let them in.
If what Janine says is true, the guy has an anger problem, and then if that's true he's gotta have a paper trail of being an asshole, or there's somebody out there with a story to tell about him.
Tracy's right.
We cast a wider net.
Maybe he's clean as a cop, but there's no way he's clean as a dude.
Meaning? Meaning forget about Officer Lockman.
How much do you know about Jacob Lockman? I don't like to say anything bad, okay, but this guy, he has some problems.
Yeah yeah, he always wanted to be a cop.
He liked the power, I think anyways.
We dated for like, a year.
Nice guy.
This man in a Mustang was waiting for a parking space.
He honked at me, so I decide to slow down.
Anyway, I pulled out, but then our cars touched.
It was a small scratch, no big deal, nothing happened.
So this guy gets out of his car and just hits me on the chin.
So we fought.
Did you file a police report? Yes, but nothing happened.
And no big surprise, 'cause you know why? Even though he was an asshole, he was a cop.
Dashay's gotta know about the fender bender issue.
Well, if there was a criminal investigation he absolutely knows.
So how do we get the police reports? We request them in our omnibus motion, wait for him to trip on his own shoelaces.
- Excuse me, who are you? - Are you Gwendolyn? I'm Glenmore.
Bennett, uh, he scheduled us for a 2PM consultation.
I'm sorry, I thought you knew.
Ugh, Lisa was MIA, and reception was crowded, so I stuck him in here.
Did you tell her about the needles yet? This should be amusing.
Will somebody please fill me in? Bennett asked me to prepare 10 meals per week, lunch and dinner, all delivered to the office.
Why do I get the feeling this is not gonna end well? Where's the food? Ugh.
Oh, I have a book, and it's called The Blood Type Diet.
I won't bore you with all of the science, but my diets are tailored to your blood type, so I just need a blood sample before I prepare all the meals.
Okay, that's a good one guys.
Seriously? Serious.
It's not a joke.
Nope, serious.
Get Dracula out of here.
No, I know it sounds a bit out there, but Glenmore, I appreciate you coming, I really do, but if you don't get up out of my office right now Honey, honey, no.
Gwen.
Advance America Payday Loans.
Girl they have called you four times.
Thanks Lisa.
Yeah.
Hey! How's it feel to be on a winning team? Still adjusting, it feels a little like whiplash.
Won't take long.
A few weeks of putting the bad guys away and you'll come to loathe the Defense as much as I do.
Speaking of which, the Defense wants Officer Lockman's disciplinary records, and Internal Affairs reports.
He's got an incident, someone pressed charges against him.
A fight over a parking space.
- And did it move forward? - No.
Then it never happened.
E.
J.
, they moved for this stuff, we have to hand it over.
The last time I did that, a witness wound up dead.
You were there, remember? That was different.
This is Brady material, it's exculpatory.
How is it exculpatory? If the officer was the initial aggressor It was investigated, and it never went anywhere.
But they should be able to talk to the guy themselves.
Why? We have no indication that this is a bad cop.
He has a couple civilian complaints, so does everyone else that's been on the force for 20 years.
He has no disciplinary record to speak of.
E.
J.
, I'm good with getting the bad guys, but we have to play fair.
You know what's fair? Not giving a defense attorney the ammunition to walk a cop killer out the door.
Judge, we want to ensure that the Prosecution has turned over all discovery to the Defense.
The Defense has all pertinent discovery.
- Pertinent? - The People have turned over any and all discovery to the Defense.
Well, that's interesting, because we've uncovered a gentleman who is willing to testify as to the officer's history of violence.
Specifically, an incident over a parking space.
There was a criminal investigation.
I'm unaware of any arrest record, Your Honor.
As Mr.
Dashay well knows, we didn't just request the arrest records for the officer, we requested his disciplinary records, including any Internal Affairs investigation reports.
Mr.
Dashay, I'd strongly recommend that you don't withhold any Your Honor, I ugh, uncovered, uhm, discovered the file just this morning.
I should've let my lead counsel know that I had it.
Your Honor, I request that sanctions be levied against Ms.
Hastings.
It was an honest mistake She just sat through that whole back and forth and didn't say anything.
I'm sorry Your Honor, I It's just, I'm new, and I am honestly afraid of Mr.
Dashay.
Everyone is allowed a rookie mistake, Ms.
Hastings, but only one.
Except she's not a rookie, Judge.
She worked for us, and she knows what discovery is.
Ms.
Hastings, you've just used your one.
We understand each other? Loud and clear, Your Honor.
Don't ever contradict me in court again.
I just saved your ass back there.
You could've been caught lying to a judge in front of the press.
I told you that file was not exculpatory.
Try explaining that to the media or the general public.
It wasn't your call.
I know the law, E.
J.
, and no matter what side of it I'm on, I try really hard to follow it.
I'm sorry you're mad, but I can't just lie to a judge.
Also, I know Gwen's moves.
She was setting you up, so you're welcome.
We need to talk.
And it just keeps getting worse.
Go away E.
J.
, this has nothing to do with you.
What do you want? I'm gonna ask you one question, and I want one answer, and it better be the truth.
Did you report me to the State Bar? Wow.
- You play Russian roulette long enough, - Was it you? Tracy, I don't care enough about you or the trolls you sleep with to spend my time trying to hurt you.
Just tell me.
It wasn't me.
I forgot to ask you, did you see Glenmore today? Yeah, about that.
I wasn't gonna say anything, because frankly I have to finish my open, but really? Pick a diet for your blood type? The guy wanted to draw my blood on the spot.
He's lucky I didn't draw his, or yours.
What's going on with you? The spa, blood type diets, that stuff isn't the guy I knew eight years ago.
Well, maybe I changed a little.
Just trying to help.
Bennett, I don't need help.
And I don't need fixing.
I'm not trying to fix you, but you do need sleep, and you can't argue with that.
I've never been able to sleep before the first day of a trial.
Oh really? Well, if you are looking to sleep, there's a really good way to sleep.
The mattress is for sleeping, too.
I was just thinking about when I saw you at Nula's that first night, - I must have been staring.
- I remember thinking, why is Miss America on the defense's side? You did not.
Gwen told me to stop fraternizing with the enemy.
Yeah that sounds like her.
So, why did you decide to become a prosecutor instead of a defense attorney? I wanted the trial experience, and connections, you know.
- You want to run for office? - Maybe.
Why so defensive? You know how many times people imply that I'm a bad guy because I put bad guys away that look like me? How many times I get called a sellout? Does that ever give you pause, to prosecute so many black people? Of course it gives me pause, but they committed crimes, Vanessa.
If they hadn't, I wouldn't prosecute them.
And most of my cases, black people are the ones being victimized.
I mean, shouldn't they have a prosecutor like me to pursue justice for them? Yes, but do you have to be so hard-core? Well you are.
My uncle was a cop.
You know, he used to say that white folks didn't have to carry the burden of the race on their shoulder.
They could pursue a career, get by as best they can.
And prosecutors don't get ahead by being soft on crime.
I know what Gwen would say about that.
And I really don't care what Gwen would say.
You know, you might like her if you got to know her.
She has a million funny little quirks.
Oh, yeah? What's your favorite? Well, when she has a big trial, she starts her opening with, when I was a kid, I believed in magic and miracles.
I never noticed that.
Come on, we have a trial soon.
Damn, that's today? I'm not resisting! I'm not resisting! Open your eyes! It's the criminal justice system that's the criminal, and it's destroying us, my brothers and sisters Franklin, are you okay? I'm just telling them it's the system.
- Okay, are you on your meds? - I'm fine.
I am fine.
I know exactly what I'm doing.
I am not resisting.
Those are the words of a man being choked by the system! I can't talk right now.
It's on the thumb drive, okay? Thanks Akeem.
Nice move in court yesterday.
Reminded me that despite your recent shitty behavior you actually do have principles.
It wasn't personal, you know.
That's funny, because quitting without telling me and then showing up on this case, that feels pretty personal, Vanessa.
- I didn't plan that.
- Yet here you are.
Gwen, I'm sorry.
I'll see you in court.
All parties prepared to proceed? - Yes, Your Honor.
- Yes, Your Honor.
When I was a child, I believed in magic and miracles, but as a adult I must put childish things aside and look at life the way it really is.
My partner was a straight up professional.
His arrests were textbook.
If Jake laid hands on anyone, he always told them they were under arrest.
- Objection! - Objection! One at a time, for heaven's sake.
Your Honor, the People can't possibly think it's appropriate to offer completely speculative testimony regarding the crucial time frame in this encounter.
It's habit evidence, Judge.
Overruled.
Would he read them their rights? Always, even when he didn't have to.
What about use of force? We get a lot of training on the use of force.
We're only allowed to use the minimum amount of force necessary to protect ourselves, and bring the suspect into police custody.
Jake followed that rule to the letter.
He had strong feelings about not being excessive.
He's so full of shit.
Yet your partner doesn't appear to back off when the defendant said, I'm not resisting.
Again, calls for speculation.
I shall allow it.
Defendants always say they aren't resisting, even when they are.
I once had a guy slamming me into a wall, yelling, I'm not resisting.
And what about the defendant's crushed trachea? If Jake crushed the guy's trachea, I would say it was because he was fighting back against an enormous amount of physical force.
- Objection! - Objection! Sustained.
That's a bridge too far, Mr.
Dashay.
The jury shall disregard that last answer.
Thank you, Officer Alpern.
We are adjourned, we'll continue tomorrow.
All rise.
Hello again Audrey.
Oh, are you kidding me? You've got a lot of nerve coming to my home.
- I need to talk to you.
- I don't think so.
Please, Audrey? I just need to know if you made an ethics complaint against me to the State Bar.
Oh, so it finally caught up with you.
If I'm disbarred Audrey, I have nothing left.
That's not my problem.
Look, I know that I've done you wrong, and I am I'm sorry if I caused you or your marriage any pain, I An if-pology is not an apology.
Okay, you want me to grovel? Fall at your feet? I was wrong to have slept with your husband, he is a good man, but He is a good man, but he is your man.
I'm sorry, I'm truly sorry.
You know, I used to be furious with you, but now I just pity you.
Audrey, the chicken's done.
I'll be right there.
Listen, if your career goes down then so does my soon-to-be ex-husband's, and I stand to lose a lot of alimony.
Sorry sweetheart, but you're just not worth it.
Yes, yes yes, I got the lead character.
Yeah, I feel free, I'm loose, and it's just flowing.
It's flowing, man.
Ronnie, listen to me man, this is gonna be it.
Promise you.
I promise, I'll have that draft to you by the end of the week.
I gotta go.
All right, bye.
Welcome home, dear.
This looks wonderful, but Lesson learned, it's buffet style.
Grab your food, retreat to your corner, and get the work done.
What's wrong? You okay? No, I'm not.
Dashay stole my opening, the dead cop's partner is lying through his teeth, and my guy is facing life in prison having just recovered from having his trachea crushed, so no.
What happened to my food? The fake food police came in here.
I fought them off, but they had a warrant, so No seriously, where are my Flame bolts? I threw them out.
We had a deal, remember? After your last trial, - we said that would be it.
- What is wrong with you? Why are you so obsessed with what I eat and what I drink? - Now you're mad.
- You're damn right I'm mad.
Stop treating me like a child.
Then don't live like one.
News flash, you're not my parent.
Someone has to be brave enough to stand up to you and tell you when you're in trouble.
The only trouble I have right now is trying to do what I need to do without my Flame bolt You know what, I'm gonna stay down here tonight.
Be easier for me to work and to think.
Do that.
I'm gonna go for a walk.
- Fine.
- Fine.
Officer Alpern, let's talk about minimum force.
Isn't it true that Oh Officer, isn't it Charlie.
There's no way Adler's gonna give us an adjournment.
What if I faked a coma? He'd never believe it.
Oh it's okay, he can stay.
Good news and bad news, Ms.
Sullivan.
Good news first? The good news is you didn't have a heart attack.
The bad news is you do have a small arrhythmia.
Your blood pressure was through the roof when you came in.
So let me try to be as clear as I can, you need to start taking much better care of yourself.
Okay? Yeah, okay.
I hear ya, thanks.
Okay.
Hey, he's serious.
I know.
Look, don't go getting all squishy on me Riggs.
You scared the hell out of me.
Nothing like getting a 3 AM call from your friend thinking she's having a heart attack.
I know.
Thanks.
Now look who's getting all squishy.
You know what, next time call the ambulance.
I'll meet you here.
I didn't wanna seem stupid.
Where was Bennett? - We had a fight.
- And? And things are fine.
They're fine.
Really.
But I'm glad it was you.
I was looking for you.
I figured you went out for bacon egg and cheese, and um Bennet, look, I'm sorry I should have listened to you.
And I'm telling you, from here on out, this place is gonna be stocked to the ceiling with Flame bolts.
Actually, you were right.
Had a little episode last night, it's a heart palpitation thing.
Not a big deal, but I went to the ER, and they fitted me You went to the hospital last night? Why didn't you call me? Because I was mad, and embarrassed.
Gwen, I don't want you to ever have to go through something like this alone because you're embarrassed.
You okay? I'm fine.
Turned out to be almost nothing, it's a small arrhythmia.
Are you sure? Really? I promise.
Just a scare.
Point made.
Awh, I hate the idea that you went through something like this alone.
So, what did you do? Did you haul yourself downstairs and hail a cab? I called an Uber.
Just to be clear, you did not see the altercation, did you? That's correct, I was across the park getting coffee at a bodega.
I ran over after I heard the shots.
So you never heard your partner say anything about being under arrest? No.
And surely you'd agree that not every encounter with a civilian leads to an arrest, right? Of course not.
And when you do decide to arrest someone, you always use the minimum force necessary right? Yes.
So it is your testimony that this is the minimum force necessary? Hey man! Stay down.
Stop resisting! Hold still.
Stop resisting! Under the circumstances.
So this child riding his skateboard required Officer Lockman to do this? Under the circumstances, yes.
Now these same police procedures in your department, did they also justify the fatal point-blank shooting of Warren Henning last year? Objection Your Honor, this is outrageous and offensive.
The officer says the use of force depends on the circumstances.
I'm allowed to investigate what he means.
Ahhhh, be aware, you're very close to the line Ms.
Sullivan.
You bet.
That was entirely reasonable under the circumstances.
And what about this, the beating of Isaiah Marin? Objection.
Again, yes.
We live in a dangerous world, some people pose a threat.
And how about this officer in Cincinnati, the one who shot Damien Carmore in the back as he ran away? Well, we don't know what happened before that photo was taken He was 20 feet away from the cop, running away.
Is there a question there? Withdrawn.
In this case, officer, who had the gun, Jackson Whitmore or your partner? - My partner.
- Who had the nightstick? Who had the taser, who had backup, who had martial arts and combat training? Objection.
One question at a time, Ms.
Sullivan.
Of course.
Officer, in your 16 years on the force, have you ever seen a case of police brutality that you did not think was justified? No? That's what I thought.
No further questions.
You should just close your Twitter account.
It gives me insight.
It's like the unfiltered Id of the city.
So, bed? I'm not going to bed, Bennett.
Hey, what's with the tone? I have a tone because I feel like we keep having the same conversation, and I don't understand why.
All I did was ask you if you were coming to bed.
No you were pushing me.
Gwen, I'm trying to help you.
No, you're trying to control me.
You're trying to make me into somebody I'm not.
How did this go from me asking you to come to bed to me trying to control you? All you ever do is tell me what's wrong with me.
I don't get enough sleep, I don't eat right, I'm short tempered, I'm obsessed with work.
But you know what Bennett? That's who I am.
That's me.
I'm crazy, I'm complicated, I'm messed up.
God, I really want for this to work out, but Then stop thinking that this is all about me.
This is a two-way street, and I'm doing what I do.
And that's to take care of people.
And why is that such a big deal for you to let me do that? I am letting you do that.
You don't even know how much.
I just left everyone at the office working to come back here and be with you, and it makes me wanna jump out of my skin.
Thanks a lot.
This is who I am, Bennett.
My work comes first.
I'm not predicable or perfect, I'm not sweet.
I am not sweet.
And maybe you can change who you are for a woman, and pretend to like vegan food because that makes you happy, but that's not me.
I'm not gonna drop everything and go on a book signing tour with you, and learn how to hand make native foods.
And if you can't deal with that, if you can't just accept me for who I am, then So how did you really get to the hospital last night? Charlie.
I called Charlie.
You love him? I trust him.
So that's it.
I think it is.
I'll come by later to get my things.
New evidence has come to light today in the Jackson Whitmore trial.
A rap video made by the youth There you are, I've been trying to reach you.
I just broke up with Bennett.
Oh, Honey.
It seriously undermines the defendant's Then this is really gonna make you feel terrible.
I don't mess with cops.
Shoot till they body drop.
Shoot till they beg to stop.
Yeah it's going down, they don't like no black or brown.
Kill them all, don't make a sound.
Sad I know, why they wanna fuck up everywhere I go Line 'em all up, put 'em on death row, making me feel like there's no hope.
Shoot till their body drop.
Shoot till they beg to stop.
Yeah it's going down