In Contempt (2018) s01e10 Episode Script
Black Lives Matter, Part Two
1 Previously on In Contempt Jackson Allen Whitmore of Washington Heights is accused of shooting Officer Jacob Lockman.
Ms.
Hastings recently joined our office, Your Honor.
Interesting.
You need to get you some groceries and for God's sake you need to leave that Flame bolt alone, that stuff will kill you.
Officer, isn'ttt [GASPS.]
You do have a small arrhythmia and your blood pressure was through the roof when you came in.
[SCREAMING.]
Franklin! Franklin, it's me, Gwen! The disciplinary committee? They're investigating you? So we gotta make an enemies list.
Advance America Payday loans.
Girl, they have called you four times.
Why is it that you can't accept my help? You know you haven't set foot in this building to come and see me in court? Holy shit, Tessa? Campanelli? The statute says you can't claim self-defense if you were resisting arrest.
What if we argue that there wasn't an actual arrest? - It was as assault.
- By whom? The officer! So this guy gets out of his car, just hits me on the chin, so we fought! Did you file a police report? Yes, but he was a cop! I just broke up with Bennett.
Oh, Honey, then this is gonna really make you feel terrible.
I don't mess with cops Shoot 'till they body drop Shoot 'till they beg to stop You goin' down You don't like No black or brown Trigger-happy policin' Come on! It's ridiculous.
It's a rap video! Shakespeare wrote Macbeth, it don't make him a murderer.
I don't know, it's not good.
It obviously says something about the guy.
Morning, Gwen.
Who writes lyrics about killing cops? Sounds like a pretty violent person.
A lot of people on that jury are thinking what you just said.
Gwen Sullivan cannot have had a good night's sleep.
The way they do my life This ain't livin' This ain't livin' No, no, no It's bad, right? The song? - I wish we would've known.
- I'm sorry.
It's not your fault we didn't find it but we need to know if there's anything else.
No, no I don't think so.
- Are you sure? - I don't know.
I'm tryin' to think but I didn't think to tell you about the video.
Are we losin'? They did their side, now we have to - do ours.
- But are we losing? No, we're not losing.
Guards in this shell keep sayin' dead man walking every time I walk by.
Startin' to have dreams about dyin' here.
You listen to me.
I'm not gonna let that happen.
Not for talking back to a cop, and not for defending yourself, it's not happening.
We gotta give him breakfast.
This case is not over Jackson.
[DOOR OPENING.]
I need you to stay positive.
Face me, hands in front.
[CLINK OF HANDCUFFS.]
The cop never said you're under arrest or anything he was just so angry, he grabbed the kid, put him in a chokehold.
Ugh, don't speculate, okay? You can describe what he was doing, or what he said to make you think that he was angry, but you can't say he was angry, because you can't really know what he was thinking.
Okay.
How's she doin'? Pretty standard "mock cross", she'll be fine.
What about Ty? Hasn't shown up yet.
I do not like this.
You OK? Mmm, caffeine headache, I quit the Flame bolts.
I think we should go get him, can you go? Yes, boss.
Chop chop.
[INDISTINCT BACKGROUND CHATTER.]
[KNOCKING.]
[SIGHING.]
[KNOCKING.]
Ty, it's Charlie Riggs, from the public defender's office.
Look, I know you don't wanna do this, but you're under subpoena.
Why are you yelling? It's open.
Excuse me? Are you here for the open house? Just take an application from the counter, and leave it with the building manager downstairs.
Ma'am! The man who used to live here, Ty Ching, you know where he went? He moved.
California, I heard.
- Immigration came to visit him.
- Immigration? - Mm hmm.
- Are you sure? That's what people say.
[CROWD CHANTING.]
All lives matter! We had a witness who would testify that Officer Lockman assaulted him while off-duty.
I've just been informed that witness has disappeared and I would like the court to ask the people about their communication with him.
What are you trying to say? I wanna know whether the people encouraged him to disappear.
You wanna know if I tampered with a witness and committed a felony? You're damn right I do.
Did your office have any contact with the witness, Mr.
Dashay? Of course we did, I had an investigator interview him.
Did you happen to instruct that investigator to talk about his legal status, maybe in passing? No, I did not, and frankly, I find that insinuation insulting.
Oh please.
Judge, we took a video of the witness's statement, he's unavailable, so we want to admit that video into evidence.
He fled, he's not dead! The circumstances are reliable.
Your Honor, this is classic hearsay.
The alleged incident was investigated by internal affairs and determined to be unfounded.
- This office, the client - A cop? Investigated by other cops, found not responsible? I'm so surprised.
We can't cross-examine a videotape.
Alright, alright, enough.
I'm afraid Ms.
Hastings is correct, the witness statement is hearsay.
Your Honor, this testimony goes directly to whether the officer was the initial aggressor.
I have spoken.
The witness statement is inadmissible.
We're adjourned until this afternoon.
All rise.
Dad.
Hello, Honey.
I tried to call you, but you didn't answer.
- I've been busy.
- And angry.
I can't talk about this right now.
- Did you? - Did I what? Intimidate their witness? Depends on your definition of intimidating.
Oh, don't play coy with me E.
J.
Vena, stop acting like you're still a defense attorney.
It's one thing to put all the evidence on table and let the truth shake out, it is another thing, to put your thumb on the scale.
You remember your client? The one that burnt his girlfriend to death and killed a witness? You know what I had to do after you went and let him walk out the door? I had to talk to the families.
That woman's mother.
That witness's wife.
Talk to me when you've had to do that a few dozen times.
Gwen has never done anything unethical.
Neither have I.
I asked two cops to question a witness because that's my job.
And if there is a delightful side benefit to that, then great.
This is an adversarial process, Vanessa.
It is, by definition, not a truth-seeking one.
Both sides play hard, and throw elbows to win.
And sometimes, the truth shows up along the way, that's the game.
Get used to it.
This is actually really comfortable.
You know, that stain kinda looks like Michael Jackson.
I never noticed that.
I hate to say it, but we might be in trouble.
There's gotta be a way we can prove that the cop was violent and not Jackson.
I looked at the Civilian Review Panel Reports, they didn't make any statements we could use.
What if Jackson testifies he knew the cop, and knew that he had a bad reputation.
So we get it in to show Jackson's state of mind? Jackson knew he should be afraid of Lockman and reacted accordingly.
Wait, did Jackson know the cop? He could.
You know what? The gloves are off.
He's facin' life without.
All I'm saying it that it could be a little risky.
Jackson could end up looking like a liar, and if he goes down, he could turn on us and rat us out.
[DOOR OPENING.]
Am I interrupting something? We're just planning Dashay's execution.
That's not a bad idea, 'cause you got a problem.
I can't use you now! You're compromised! It was $10,000.
My son just got into private school, and we're struggling.
We talked about this, Janine, I told you people were gonna offer you money.
They promised that they were gonna wait until after I testified.
Why on earth would they do that, Janine? I don't know.
[PHONES RINGING.]
Damn it! [SIGHING.]
She was the only witness! I feel like the universe is conspiring against us! Okay, take a breath, tell me what you need.
A Flame bolt! I'm sorry, I'm not gonna be your pusher.
I hate you.
I can live with that.
Sit.
We could still use Janine.
And list it up front that she sold her story.
Thirty witnesses saw what happened! And everybody says something different! She's the only one who fully backs up Jackson's story! She'll just look like she made it up to get a payoff, and we'll look like liars by extension if we use her! I cannot lose this case, Tom.
I cannot let him die in prison and do not tell me I'm too passionate! [SIGHING.]
You're not gonna let him die in prison.
We won't let him, okay? Now close your eyes.
- Tom! - No, close 'em.
I want you to picture yourself, in a gym, boxing.
You're opponent is Dashay.
I want you to see yourself beating the shit out of him.
He's on the mat, you're standing over him, he's bloody, incoherent! Now, open your eyes.
And tell me your next move.
We leak Ty's story to the press.
Look, I know I can get held in contempt again, I know I can get banned again, I don't care.
We got witnesses dropping like flies, Judge Adler is the least of my worries, - I just wanna get this - Settle down! I was gonna offer to leak it for you.
[CHUCKLING.]
Welcome back! Now let's crush them.
Trouble you can't I see you behind that tree Trouble you can't fool me Hey! Yes, I saw your text, but I ignored them, do you wanna know why, Sugar? Because like I said, the way this works is I call you if I want, when I want, okay? You don't call me or text, or anything, do you got it? Good, bye-bye now.
Man! Judge Dodson, Judge Fordman, Vanessa, what game is this? Smash, marry, kill? Are my supervisor right now or my friend? Friend.
I slept with Dodson, tampered with a jury, and somebody reported me to the bar association.
Hmm, so suspects? Really, Judge Myers? Honey, it's his mustache.
Okay.
And what is that? Well, according to Gwen, I might have somebody in my blind spot.
Maybe.
Not to state the obvious, but listening to you on the telephone are you sure it's not some guy that you screwed and then screwed over? Oh shit, you think? Damn.
You're my hero.
I'm ahh, gonna leave you to it.
[DOOR OPENING.]
[DIALING.]
Trouble you can't Hey! Kyle? Yeah, it's me, Honey.
Uhm, I was just wondering, are we good? I mean, you're not still upset, are you? Work hard for a living The court officer saw this sticking out of Juror No.
5's purse.
Do you wanna tell me who's responsible for it? It wasn't me, Judge.
Oh come on, who else would benefit from this? Wow, that is the same question I asked myself when my witness disappeared.
I'm requesting Juror No.
5 be dismissed, Your Honor.
Why? The jury's not sequestered? Ah-ha, they are now.
- Your Honor - Enough! I've had it with both of you.
Juror No.
5 is dismissed.
And I'll have colloquy with the entire panel to see if anyone else saw it.
Now, call your first witness.
I just had done a topside 360 and when I landed I saw the officer coming towards me, so I slowed down but I didn't hear anything 'cause I had my headphones in.
Did you stop? Yeah, when he took my headphones off, he was screamin' at me.
Askin' me, why I wasn't listening to him.
I told him I couldn't hear, and then he said, can you hear me now? I was nervous so I laughed, 'cause you know the commercial? Anyway, he just started screaming at me and callin' me a punk and disrespectful, and, and then he grabbed me by the arm and started pulling me and I pulled back and asked what I did, and he went ballistic from there.
What do you mean? He tried to grab my skateboard, then he put me in a headlock, then we were on the ground, and he kept choking me.
I kept tryin' to tell him I wasn't resisting.
I don't know, I was getting limp and I couldn't breathe, I thought I was gonna die.
So what did you do? He was kinda flailin' so, I felt his gun and I pulled on it, that was just the instinct to get him off me.
But the gun went off.
Look, I wasn't tryin' to kill him.
I was just tryin' to save myself, I thought it was either him or me.
Jackson, did Officer Lockman ever tell you that you were under arrest? No, he didn't.
No further questions.
Mr.
Whitmore, you knew that skateboarding was illegal in Washington Heights Community Plaza, didn't you? Yeah, but everybody does it.
So when Officer Lockman stopped you, you knew why he stopped you, it's because you did something illegal, right? - I guess.
- Yes or no? Yes.
So when he took your arm, and you pulled away it's because you didn't wanna go with him, correct? I don't think I was thinking anything, I just thought he was pullin' my arm really hard and I reacted by pullin' my arm back.
You testified and said, "What did I do?" to Officer Lockman, but you know what you had done? You had committed a crime, hadn't you? Well, I guess, but I didn't think I deserved to be To what, to be arrested? - No.
- Really? Stop resisting! I'm not resisting! - Stay down! - I'm not resisting! [GRUNTING.]
I'm not resisting! Mr.
Whitmore, that is an interesting choice of words, isn't it? I'm not resisting.
I don't know.
You didn't say "get off me", or "what are you doin'?", or "stop, you're hurting me", did you? No.
You said, I'm not resisting.
What exactly were you not resisting? He was beating me up.
Well, you didn't say stop, you're beating me up, did you? - He was choking me.
- You didn't say, "stop, you're choking me", did you? I thought he was gonna kill me.
You didn't say stop, you're gonna kill me, did you? No.
So stop resisting arrest is the only thing that he could've said for you to say, "I'm not resisting"? I'm not sure.
Well he didn't say, "Sit down", did he? - Well, I don't No.
- Yes or no.
He didn't say, "I need to talk to you", did he? - Yes or no? - No.
He didn't say, "Stop messing around", did he? - Yes or no? - No.
He said, "You're under arrest", didn't he? Didn't he? I don't, I don't, I don't remember.
I have nothing further.
We don't have a case.
Hate to admit it, but Dashay has a point with this "I'm not resisting".
Do not tell me there's a Flame bolt in that bag.
I'm not drinking it, I'm just carrying it around like maybe this caffeine will seep into my skin by osmosis.
You need help.
Okay, you've a problem.
That's what I'm sayin'.
No he means we have a problem, Sherlock.
And we do.
You lost your eyewitness, you have no proof of excessive force, other than Jackson's testimony, and Dashay flipped even that against you.
We need to shift gears, we keep trying to argue that there was never an arrest, and he just straight up assaulted Jackson, but what if we let that go? Then how do we argue self-defense? Hold up, why are you lettin' her drink that? No! Good reflexes.
It was instinctual.
Shh, shh, she's thinking.
Just holding the bottle gives her energy.
Jackson kept saying shooting Lockman was instinctual.
What if we actually argued that? Like it was a human survival response.
Like when people panic in a fire and someone dies no one meant to kill anyone.
Is that a defense? Human survival response? - It is now.
- It would be arguing lack of intent to kill.
Yeah but we give it a fancy name.
So what do we do? Get an expert? Yeah, but not the kind you're thinking of.
A lifeguard? To testify as to human survival response? Are you kidding me? Judge the statute says that a defendant cannot use force to resist an arrest.
My client didn't shoot Officer Lockman to resist an arrest, he was reacting instinctively, we're arguing that he didn't have intent to kill.
You have to admit, that's a creative way to illustrate lack of intent, Counselor.
This is a murder trial, Your Honor, not a creativity contest.
And with all due respect, it's not funny.
You know what else is not funny, Counselor? Life without parole.
I shall afford the defense a bit of latitude.
This lifeguard isn't a neurologist or a psychologist.
So how exactly would he give expert testimony regarding human survival response? - Well, we'll see, won't we? - Your Honor! Ahh, if you don't like it, Mr.
Dashay, make the defendant an offer.
Excuse me? I haven't said anything up until now, because a police officer is deceased, so politically it's not an option, but why hasn't there been an offer? This has nothing to do with politics.
- Oh please, E.
J.
- Are you trying to strong-arm the people into making an offer? Not at all.
I'm just telling you that if you don't like my ruling, you're free to make an offer.
20 to 40 years? How is that an offer? It takes life off the table.
Do you think you can win this? To be honest, I don't know.
The judge is allowing us to put the lifeguard on the stand, but losing the witness was not good, and Jackson's testimony I don't understand how this is happening.
20 to 40 years for riding a skateboard? Trying to defend myself? He was gonna kill me.
- You gotta take it, son.
- No.
What you talkin' about? At least after 20 he'll be able to apply for parole.
If he takes 20 to 40, you know damn well he's doin' 40 they're not paroling a cop killer.
He's gonna have a chance When he's 60! I didn't do anything! Which is why you're not pleading guilty! - Loretta - No! I'm not gonna let them do this to him! He did not do anything wrong! Everything we could.
Try to teach him how to deal with the cops, don't argue, don't talk back, keep your hands out of your pocket, don't run.
But if you don't fight back then they try and kill you and if you do fight back, then this.
So no! You had better try and win this, Ms.
Sullivan.
Because we are not backing down.
I am not giving them my son.
Mr.
Givens, how are you employed? I was a lifeguard for the city of New York for 10 years, I've been Chief Instructor for the Red Cross, for the past five, and I head the city's Water Safety Instructor Program.
Basically, I train the people who train the lifeguards.
Have you actually saved people? Yeah, I have 212 saves.
You saved 212 lives, that's impressive.
Ugh, not really, it's just training.
And can you tell us how you're trained to avoid specific danger to yourself when saving someone? Yeah, well there's a phenomenon that every lifeguard is familiar with, when someone is drowning, they panic and will instinctively grab onto the lifeguard and push him down to keep themselves afloat.
Lifeguards have been killed by being pushed under the water.
It's why we're trained to approach someone from behind and grab them around their chest.
And these people who panicked, and pushed their lifeguards underwater, are they doing this intentionally? Ahh, no, they're not to blame, like I said, it's a natural human response.
Mr.
Givens, do you have any personal experience with this? Ugh, I do, yeah, a buddy of mine was killed three years ago by someone who was drowning.
That person survived.
Was he prosecuted for murder? - Objection! - No.
Sustained, the jury will disregard the last question and answer.
No further questions.
Mr.
Givens, the defendant testified regarding shooting the officer.
"I didn't mean to kill him, I was trying to save my life, I thought it was him or me".
Do you think that people who try to put lifeguards under are thinking, it's him or me? Objection! He's offering the witness as an expert, Your Honor.
Overruled.
No, people describe it as almost an absence of all thought, it's like a fight or flight thing.
All animal instinct.
So given that Mr.
Whitmore said that he thought it was him or me, his actions weren't consistent with the phenomenon that you described? - Objection! - Objection! Overruled.
You opened this door, Counselors.
I guess it doesn't really seem like the same thing.
Thank you, no further questions.
I don't understand, what happened? What happened? It wasn't good.
Gwen, Gwen.
Hakeem, I need five Flame bolts.
I'm sorry, Gwen, I can't.
Look, I know I told you not to sell me any, but I really need one.
You tell me I should refuse to sell you any - no matter what you said.
- I know, but I'm saying right now it's okay.
You said you would tell me that.
Hakeem, sell me the Flame bolt it's an emergency I don't feel right, I think I actually need the caffeine.
No, you said, Hakeem, I will ask you, then I will cajole you, then I will beg you, then I will threaten you, then I will probably tell you that it's a medical necessity.
But no matter what I do, don't sell me the Flame bolts - so I'm - Hakeem I swear to God I will hurt you.
Sell me the Flame bolt.
No.
Gwen! Come back! Do not close that door.
[DOOR SHUTTING.]
Gwen! Open the door! Gwen.
Gwen! Gwen, let me in! Open this door! I need the Flame bolt! No, you don't, you have an arrhythmia, it's a bad idea! You know what's a worse idea? Me trying to do a summation, - feeling the way I'm feeling.
- Oh yeah? How are you gonna feel when you pass out in court? Oh stop being so dramatic, it's Flame bolt.
No, honey, it's not, you were just in the hospital.
God! When is the last time you even had a proper meal? Jesus Christ, you sound like Bennett.
Do not harp on me for what I eat.
Oh don't you dare.
Don't you lump me in with him, I am your best friend, and I'm callin' it like I see it.
Honey, you're taking yourself down.
God, this shit with the Flame bolts and your money and your unopened mail.
Yeah, which by the way, I decided to actually open.
Yeah, you're damn straight I did.
You got a letter from your bank telling you that your account is frozen because of that stupid payday loan? Do you even know that, Gwen? Did you know that? That is so wrong.
Oh Honey! You're missing the point! Look, I don't care about your money, okay.
I just care about you.
You're gonna do what you want, and you can do it, but I'm done pretending like it's okay.
I can't watch you self-destruct.
I will not.
[DOOR OPENING.]
Gwen.
We're screwed, Charlie, totally, utterly, and completely screwed.
Ahh, it's okay.
No, it's not okay.
I was too cocky.
What was I thinking? A lifeguard, seriously? The jury must be laughing at me.
It was a little weird.
It was.
Good weird.
It's just didn't land.
You're gonna have to come up with "Plan C".
I don't have a "Plan C".
That's why I'm here, okay, so just take this.
Wait, what? I can't watch you struggle anymore, okay? You quit when we're done, when it's over.
I'll help you, by teasing you.
I don't even have a quippy response right now because I am deeply, deeply in love with you.
Shh, drink and think.
[SOFT MUSIC.]
Better? Yeah.
Good, now put on your big girl panties and let's go.
I don't know, I just keep looking at the self-defense statute.
Hello, Gwendolyn.
Your father stopped in to say hello, I thought, since he was a judge, I would pull him in.
That's great.
You were talking about the defense statute.
Yeah, it says you can't claim self-defense if you're resisting arrest, the idea being that if you start the violence it's your fault, but what if you resist arrest initially, but then you submit, it can't just be the law that if a cop uses excessive force you have to just let yourself be killed? But the problem is we haven't proved excessive force.
But the kid has a crushed larynx, I mean, that's not enough? C'mon.
Because he's a big scary black man, he's the one considered violent, not the cop.
White people believe the cops, they don't get stopped and dealt with aggressively by them.
The question is, how do we convince a New York City jury the kind that did not indict the cop that killed Eric Garner, to see that race is at play here? See Daddy, what did you say a second ago? Because he's a big scary black man, he's the one considered violent.
And that is our "Plan C".
Wait, what is "Plan C"? We have no idea, trust me, Mr.
Sullivan, it'll be good.
Dr.
Sanders, is this the photograph taken of Mr.
Whitmore's neck when he's admitted to Hollowbrook Hospital? Yes, it is.
And it shows the bruising around his crushed windpipe.
Yes.
Now, could this injury have been caused by a chokehold? Yes, it could.
Let me be more specific.
Um, what's going on here? I'm allowed to demonstrate, that's why it's called demonstrative evidence.
Now if Officer Lockman had his arm around Mr.
Whitmore's neck, like this Objection! Your Honor, this is totally prejudicial, look at the size difference.
Come on, Ms.
Sullivan.
Oh I'm sorry, you're totally right, I'm sorry.
Now as I was saying, if the officer was choking my client, like this Objection! Your Honor, they look exactly the right size to me.
Yeah, but this man is Black? Jackson Whitmore is sitting in that chair because he's black.
He's being charged with murder because he's black and in a sense, Officer Lockman is dead, because Jackson Whitmore is black.
Mr.
Dashay basically just admitted it so why don't we just finally say what is true? Why don't we finally just admit to each other, that if you were to take a black cop, and a white kid skateboarding in a park, what you get is a ticket.
You get a summons.
But Jackson is black so there was a confrontation.
And an escalation, and the brutality of violence so severe that it crushed his windpipe.
This kid, this college kid who has never been arrested before.
He was faced with a life-changing choice in that moment.
Kill, or be killed.
The only question in this case is whether you believe that a black man has to agree to die every time a cop asks him a question or puts his hands on him.
I'm not resisting! I'm not resisting! Those are the words of a young black man desperately trying to convince a cop that he doesn't pose a threat.
It's too bad he couldn't have just said, "Imagine I'm white".
[SOFT MUSIC.]
If you punched me, and I punched you back, you could not then, hit me with a tire iron and claim self-defense.
That makes sense, doesn't it? Because you are the one who brought force to the table to begin with.
You started it.
Jackson Whitmore was being arrested, we know this because he said "I'm not resisting".
That statement makes no sense unless it is in response to Officer Lockman saying, "You are under arrest, and stop resisting that arrest".
He is the one who began to use force.
And he resisted enough to provoke a response from Officer Lockman.
To believe otherwise is to believe that Officer Lockman decided to forcefully choke someone that day for no reason.
When he resisted, he forfeited his right to claim to self-defense.
It is the law.
It has to be the law.
Otherwise criminals can violently resist arrest.
And when a police officer responds with force, they can kill that police officer.
That is not the world I wanna live in.
It is not the world we should have our police officers work in.
Jackson Whitmore is not here because he is black.
He is here because he broke the law.
He resisted arrest, he killed a police officer and now he wants to walk away.
Don't let him.
[SOFT MUSIC.]
Thank you.
Thank you for coming to see me in court.
You're welcome.
I should've been there sooner, I'm sorry.
What else did you wanna talk about? I don't know, I feel like my life isn't turning out the way I pictured it.
I'm not sure anyone's does, baby.
I love my job, but I don't know much longer I can keep doing it.
I might win the occasional skirmish but I'm losing the overall war, and then there's Bennett, - I just - Hmm.
I have to tell you that I have never thought that you and Bennett were good for each other.
- Really, Dad - No, no, no.
Hear me.
What I mean is, is that Bennett is not man enough for you.
Oh, go on.
Bennett is looking for someone he can put on a pedestal.
Someone he can admire.
More importantly, he's looking for someone to admire him.
When you were his student, he could deal with that.
Now, not so much.
You're a tough woman, Gwendolyn.
Not a lot of men can appreciate that.
That's what I'm afraid of.
That I'm never gonna find the guy who can deal with me.
He's out there.
And when you find him, he's gonna be special.
Now, as far as work goes, Oh, God.
I want you to hear me.
I have never been more proud of you in my life.
Win or lose this case, you have fought brilliantly for that young man, you have fought brilliantly for our community.
Take a vacation, take a break, do whatever you have to do to reboot, but get back on those battlements.
We need you out there.
Thanks, Dad.
Dad, I have something to tell you.
[SIGHING.]
I have a problem with money.
You always have a problem with money.
No, I'm saying that I have an issue with money.
It's gotten pretty bad, I I had to take out a payday loan.
And they froze my bank account.
I really need your help.
What if I cleaned your slate? Took you back to zero? I can't ask you to do that, Dad.
You're not asking, I'm offering.
How much is it? It's $50,000.
Done.
Hear me.
This is it.
Thank you.
You're welcome, baby.
I knew you guys would still be here.
Thought you went home with Tracy.
No, I don't know how she sleeps when the jury's out.
I went to see my Dad.
Mmm, how'd that go? Well, surprisingly not that bad.
Told me Bennett wasn't man enough for me.
I could've told you that.
What? He just seemed to have a image of you that he wanted you to fulfill.
What, you guys think I don't see things? I see everything.
That is scary.
Okay, I'm done.
I'll see you inside.
Sorry about Bennett.
Tom's right.
We're both stuck in the past we had these images of who we used to be, and we were each in love with the image and not who we really were.
Well, for what it's worth, it's his loss.
Thanks, Charlie.
No, I'm for real.
Gwen? Uh oh.
Can I talk to Gwen for a minute? Whatever you wanna say to me, you should to him too, so.
Okay.
I'm sorry, I'm really sorry for leaving and not telling you.
A conversation would've been nice and no even.
- What else? - What do you mean? How about I'm sorry I told Dashay about your opening statement, I'm sorry I broke your trust? I didn't think he was gonna steal it.
He wouldn't have been able to if you hadn't had told him.
I'm sorry.
Nuh-uh, don't look at me.
You know why I'm being a bitch right now? Because I actually cared about you.
I invested and you just bugged out.
I bugged out because the PD's office was not the right place for me.
And the DA's office is? I don't know.
You know you're not gonna find it, right? What? That perfect, well-manicured hand sanitized life? That job with the black and white rules.
I know your parents meant well when they adopted you and insulated you in Darien, Connecticut and convinced you that all that stuff was possible, but it's not.
Life is messy and f'd up and you're gonna have a job where you have to make complicated decisions.
So I guess what I'm trying to say is that you need to grow the hell up.
Gwen, I really don't wanna lose our friendship.
Go find yourself first, Vanessa.
I can't be friends with a ghost.
[TEXT TONE.]
Jury's back.
9AM tomorrow.
That was fast.
Is that good or bad? For who? Let the oppressor be the oppressed.
Will the system crumble under weight of its own lives to come to its own deaths? [CROWD SHOUTING.]
They're not lookin' at me, is that bad? I don't know.
I understand you have a verdict? On count one, murder in the first degree, we the jury find the defendant, Jackson Whitmore, not guilty.
- [GASPING.]
- Order! Order! No more outcries! Please continue.
On count two, murder in the second degree, we the jury find the defendant, not guilty.
[CHEERING.]
Ladies and gentlemen of the jury, thank you for your service.
We are adjourned.
All rise.
- I love you.
- It's over.
For havin' my back, thank you so much.
[PRESS SHOUTING.]
Give the family a little bit of room! [PRESS SHOUTING.]
Mr.
Whitmore, do you have any comments about today's verdict? We'd like to express our gratitude and thank you to the jury and everyone who supported our family.
Thank you, thank you.
Alright, guys, clear a path.
Please, clear a path for the family.
Comin' through! - Comin' through! - Thank you all so much! You've been wrong For a long time Wrong, for a long time Wrong, for a long time Tessa, Tessa, Tessa.
You again? What do you want? You got a lot of explaining to do.
To me, to a whole lot of people in the neighborhood.
Get in.
And if I don't? Then that complaint with the bar proceeds.
Get in! Sooner or later They're gonna let you down Sooner or later They're gonna let you down Sooner or later They're gonna let you down Brothers and sisters! We have defeated the system! Franklin, are you alright? You were victorious against the oppressor! - Yes, I was, but are you okay? - You beat them but, you still harbor the stench of the oppressor.
- That's why you need - You sound like you're off your meds, we've talked about this, I'm gonna call your sister.
Don't call my sister, I'm on my medication, I still know you're in danger.
Honey, I think we should go.
I'm not in any danger, it's okay, Dad, I know him, he's Franklin.
- I'm not in any danger.
- But he tried to attack I'm gonna call your sister, - we're here to help you.
- No! No! I know who you are! Sir, sir, listen, this is my daughter, we're gonna leave now, okay? I know what you are! The oppressor's inside you! - No, Franklin.
- The system's taking your soul! That's why I went to jail! Oh my God! Dad! Put your hands in the air! Franklin! Daddy! Somebody help us! This oppressive system Help! Call an ambulance! Cameras everywhere! Monitors! Every man, woman, and child.
This is America! Here's a look back at In Contempt My team and I are fighting to save your communities.
Then on behalf of my community, let me say that we'd feel much better, if you showed up with some actual evidence.
My client just pled guilty to a crime he didn't commit 'cause he couldn't afford bail.
Get off of me! Does anyone care about the law around here? You are supposed to care! We are not processing widgets these are human beings! I mean why are we even bothering with a trial at all why not just take him out back and hang him from a tree?
Ms.
Hastings recently joined our office, Your Honor.
Interesting.
You need to get you some groceries and for God's sake you need to leave that Flame bolt alone, that stuff will kill you.
Officer, isn'ttt [GASPS.]
You do have a small arrhythmia and your blood pressure was through the roof when you came in.
[SCREAMING.]
Franklin! Franklin, it's me, Gwen! The disciplinary committee? They're investigating you? So we gotta make an enemies list.
Advance America Payday loans.
Girl, they have called you four times.
Why is it that you can't accept my help? You know you haven't set foot in this building to come and see me in court? Holy shit, Tessa? Campanelli? The statute says you can't claim self-defense if you were resisting arrest.
What if we argue that there wasn't an actual arrest? - It was as assault.
- By whom? The officer! So this guy gets out of his car, just hits me on the chin, so we fought! Did you file a police report? Yes, but he was a cop! I just broke up with Bennett.
Oh, Honey, then this is gonna really make you feel terrible.
I don't mess with cops Shoot 'till they body drop Shoot 'till they beg to stop You goin' down You don't like No black or brown Trigger-happy policin' Come on! It's ridiculous.
It's a rap video! Shakespeare wrote Macbeth, it don't make him a murderer.
I don't know, it's not good.
It obviously says something about the guy.
Morning, Gwen.
Who writes lyrics about killing cops? Sounds like a pretty violent person.
A lot of people on that jury are thinking what you just said.
Gwen Sullivan cannot have had a good night's sleep.
The way they do my life This ain't livin' This ain't livin' No, no, no It's bad, right? The song? - I wish we would've known.
- I'm sorry.
It's not your fault we didn't find it but we need to know if there's anything else.
No, no I don't think so.
- Are you sure? - I don't know.
I'm tryin' to think but I didn't think to tell you about the video.
Are we losin'? They did their side, now we have to - do ours.
- But are we losing? No, we're not losing.
Guards in this shell keep sayin' dead man walking every time I walk by.
Startin' to have dreams about dyin' here.
You listen to me.
I'm not gonna let that happen.
Not for talking back to a cop, and not for defending yourself, it's not happening.
We gotta give him breakfast.
This case is not over Jackson.
[DOOR OPENING.]
I need you to stay positive.
Face me, hands in front.
[CLINK OF HANDCUFFS.]
The cop never said you're under arrest or anything he was just so angry, he grabbed the kid, put him in a chokehold.
Ugh, don't speculate, okay? You can describe what he was doing, or what he said to make you think that he was angry, but you can't say he was angry, because you can't really know what he was thinking.
Okay.
How's she doin'? Pretty standard "mock cross", she'll be fine.
What about Ty? Hasn't shown up yet.
I do not like this.
You OK? Mmm, caffeine headache, I quit the Flame bolts.
I think we should go get him, can you go? Yes, boss.
Chop chop.
[INDISTINCT BACKGROUND CHATTER.]
[KNOCKING.]
[SIGHING.]
[KNOCKING.]
Ty, it's Charlie Riggs, from the public defender's office.
Look, I know you don't wanna do this, but you're under subpoena.
Why are you yelling? It's open.
Excuse me? Are you here for the open house? Just take an application from the counter, and leave it with the building manager downstairs.
Ma'am! The man who used to live here, Ty Ching, you know where he went? He moved.
California, I heard.
- Immigration came to visit him.
- Immigration? - Mm hmm.
- Are you sure? That's what people say.
[CROWD CHANTING.]
All lives matter! We had a witness who would testify that Officer Lockman assaulted him while off-duty.
I've just been informed that witness has disappeared and I would like the court to ask the people about their communication with him.
What are you trying to say? I wanna know whether the people encouraged him to disappear.
You wanna know if I tampered with a witness and committed a felony? You're damn right I do.
Did your office have any contact with the witness, Mr.
Dashay? Of course we did, I had an investigator interview him.
Did you happen to instruct that investigator to talk about his legal status, maybe in passing? No, I did not, and frankly, I find that insinuation insulting.
Oh please.
Judge, we took a video of the witness's statement, he's unavailable, so we want to admit that video into evidence.
He fled, he's not dead! The circumstances are reliable.
Your Honor, this is classic hearsay.
The alleged incident was investigated by internal affairs and determined to be unfounded.
- This office, the client - A cop? Investigated by other cops, found not responsible? I'm so surprised.
We can't cross-examine a videotape.
Alright, alright, enough.
I'm afraid Ms.
Hastings is correct, the witness statement is hearsay.
Your Honor, this testimony goes directly to whether the officer was the initial aggressor.
I have spoken.
The witness statement is inadmissible.
We're adjourned until this afternoon.
All rise.
Dad.
Hello, Honey.
I tried to call you, but you didn't answer.
- I've been busy.
- And angry.
I can't talk about this right now.
- Did you? - Did I what? Intimidate their witness? Depends on your definition of intimidating.
Oh, don't play coy with me E.
J.
Vena, stop acting like you're still a defense attorney.
It's one thing to put all the evidence on table and let the truth shake out, it is another thing, to put your thumb on the scale.
You remember your client? The one that burnt his girlfriend to death and killed a witness? You know what I had to do after you went and let him walk out the door? I had to talk to the families.
That woman's mother.
That witness's wife.
Talk to me when you've had to do that a few dozen times.
Gwen has never done anything unethical.
Neither have I.
I asked two cops to question a witness because that's my job.
And if there is a delightful side benefit to that, then great.
This is an adversarial process, Vanessa.
It is, by definition, not a truth-seeking one.
Both sides play hard, and throw elbows to win.
And sometimes, the truth shows up along the way, that's the game.
Get used to it.
This is actually really comfortable.
You know, that stain kinda looks like Michael Jackson.
I never noticed that.
I hate to say it, but we might be in trouble.
There's gotta be a way we can prove that the cop was violent and not Jackson.
I looked at the Civilian Review Panel Reports, they didn't make any statements we could use.
What if Jackson testifies he knew the cop, and knew that he had a bad reputation.
So we get it in to show Jackson's state of mind? Jackson knew he should be afraid of Lockman and reacted accordingly.
Wait, did Jackson know the cop? He could.
You know what? The gloves are off.
He's facin' life without.
All I'm saying it that it could be a little risky.
Jackson could end up looking like a liar, and if he goes down, he could turn on us and rat us out.
[DOOR OPENING.]
Am I interrupting something? We're just planning Dashay's execution.
That's not a bad idea, 'cause you got a problem.
I can't use you now! You're compromised! It was $10,000.
My son just got into private school, and we're struggling.
We talked about this, Janine, I told you people were gonna offer you money.
They promised that they were gonna wait until after I testified.
Why on earth would they do that, Janine? I don't know.
[PHONES RINGING.]
Damn it! [SIGHING.]
She was the only witness! I feel like the universe is conspiring against us! Okay, take a breath, tell me what you need.
A Flame bolt! I'm sorry, I'm not gonna be your pusher.
I hate you.
I can live with that.
Sit.
We could still use Janine.
And list it up front that she sold her story.
Thirty witnesses saw what happened! And everybody says something different! She's the only one who fully backs up Jackson's story! She'll just look like she made it up to get a payoff, and we'll look like liars by extension if we use her! I cannot lose this case, Tom.
I cannot let him die in prison and do not tell me I'm too passionate! [SIGHING.]
You're not gonna let him die in prison.
We won't let him, okay? Now close your eyes.
- Tom! - No, close 'em.
I want you to picture yourself, in a gym, boxing.
You're opponent is Dashay.
I want you to see yourself beating the shit out of him.
He's on the mat, you're standing over him, he's bloody, incoherent! Now, open your eyes.
And tell me your next move.
We leak Ty's story to the press.
Look, I know I can get held in contempt again, I know I can get banned again, I don't care.
We got witnesses dropping like flies, Judge Adler is the least of my worries, - I just wanna get this - Settle down! I was gonna offer to leak it for you.
[CHUCKLING.]
Welcome back! Now let's crush them.
Trouble you can't I see you behind that tree Trouble you can't fool me Hey! Yes, I saw your text, but I ignored them, do you wanna know why, Sugar? Because like I said, the way this works is I call you if I want, when I want, okay? You don't call me or text, or anything, do you got it? Good, bye-bye now.
Man! Judge Dodson, Judge Fordman, Vanessa, what game is this? Smash, marry, kill? Are my supervisor right now or my friend? Friend.
I slept with Dodson, tampered with a jury, and somebody reported me to the bar association.
Hmm, so suspects? Really, Judge Myers? Honey, it's his mustache.
Okay.
And what is that? Well, according to Gwen, I might have somebody in my blind spot.
Maybe.
Not to state the obvious, but listening to you on the telephone are you sure it's not some guy that you screwed and then screwed over? Oh shit, you think? Damn.
You're my hero.
I'm ahh, gonna leave you to it.
[DOOR OPENING.]
[DIALING.]
Trouble you can't Hey! Kyle? Yeah, it's me, Honey.
Uhm, I was just wondering, are we good? I mean, you're not still upset, are you? Work hard for a living The court officer saw this sticking out of Juror No.
5's purse.
Do you wanna tell me who's responsible for it? It wasn't me, Judge.
Oh come on, who else would benefit from this? Wow, that is the same question I asked myself when my witness disappeared.
I'm requesting Juror No.
5 be dismissed, Your Honor.
Why? The jury's not sequestered? Ah-ha, they are now.
- Your Honor - Enough! I've had it with both of you.
Juror No.
5 is dismissed.
And I'll have colloquy with the entire panel to see if anyone else saw it.
Now, call your first witness.
I just had done a topside 360 and when I landed I saw the officer coming towards me, so I slowed down but I didn't hear anything 'cause I had my headphones in.
Did you stop? Yeah, when he took my headphones off, he was screamin' at me.
Askin' me, why I wasn't listening to him.
I told him I couldn't hear, and then he said, can you hear me now? I was nervous so I laughed, 'cause you know the commercial? Anyway, he just started screaming at me and callin' me a punk and disrespectful, and, and then he grabbed me by the arm and started pulling me and I pulled back and asked what I did, and he went ballistic from there.
What do you mean? He tried to grab my skateboard, then he put me in a headlock, then we were on the ground, and he kept choking me.
I kept tryin' to tell him I wasn't resisting.
I don't know, I was getting limp and I couldn't breathe, I thought I was gonna die.
So what did you do? He was kinda flailin' so, I felt his gun and I pulled on it, that was just the instinct to get him off me.
But the gun went off.
Look, I wasn't tryin' to kill him.
I was just tryin' to save myself, I thought it was either him or me.
Jackson, did Officer Lockman ever tell you that you were under arrest? No, he didn't.
No further questions.
Mr.
Whitmore, you knew that skateboarding was illegal in Washington Heights Community Plaza, didn't you? Yeah, but everybody does it.
So when Officer Lockman stopped you, you knew why he stopped you, it's because you did something illegal, right? - I guess.
- Yes or no? Yes.
So when he took your arm, and you pulled away it's because you didn't wanna go with him, correct? I don't think I was thinking anything, I just thought he was pullin' my arm really hard and I reacted by pullin' my arm back.
You testified and said, "What did I do?" to Officer Lockman, but you know what you had done? You had committed a crime, hadn't you? Well, I guess, but I didn't think I deserved to be To what, to be arrested? - No.
- Really? Stop resisting! I'm not resisting! - Stay down! - I'm not resisting! [GRUNTING.]
I'm not resisting! Mr.
Whitmore, that is an interesting choice of words, isn't it? I'm not resisting.
I don't know.
You didn't say "get off me", or "what are you doin'?", or "stop, you're hurting me", did you? No.
You said, I'm not resisting.
What exactly were you not resisting? He was beating me up.
Well, you didn't say stop, you're beating me up, did you? - He was choking me.
- You didn't say, "stop, you're choking me", did you? I thought he was gonna kill me.
You didn't say stop, you're gonna kill me, did you? No.
So stop resisting arrest is the only thing that he could've said for you to say, "I'm not resisting"? I'm not sure.
Well he didn't say, "Sit down", did he? - Well, I don't No.
- Yes or no.
He didn't say, "I need to talk to you", did he? - Yes or no? - No.
He didn't say, "Stop messing around", did he? - Yes or no? - No.
He said, "You're under arrest", didn't he? Didn't he? I don't, I don't, I don't remember.
I have nothing further.
We don't have a case.
Hate to admit it, but Dashay has a point with this "I'm not resisting".
Do not tell me there's a Flame bolt in that bag.
I'm not drinking it, I'm just carrying it around like maybe this caffeine will seep into my skin by osmosis.
You need help.
Okay, you've a problem.
That's what I'm sayin'.
No he means we have a problem, Sherlock.
And we do.
You lost your eyewitness, you have no proof of excessive force, other than Jackson's testimony, and Dashay flipped even that against you.
We need to shift gears, we keep trying to argue that there was never an arrest, and he just straight up assaulted Jackson, but what if we let that go? Then how do we argue self-defense? Hold up, why are you lettin' her drink that? No! Good reflexes.
It was instinctual.
Shh, shh, she's thinking.
Just holding the bottle gives her energy.
Jackson kept saying shooting Lockman was instinctual.
What if we actually argued that? Like it was a human survival response.
Like when people panic in a fire and someone dies no one meant to kill anyone.
Is that a defense? Human survival response? - It is now.
- It would be arguing lack of intent to kill.
Yeah but we give it a fancy name.
So what do we do? Get an expert? Yeah, but not the kind you're thinking of.
A lifeguard? To testify as to human survival response? Are you kidding me? Judge the statute says that a defendant cannot use force to resist an arrest.
My client didn't shoot Officer Lockman to resist an arrest, he was reacting instinctively, we're arguing that he didn't have intent to kill.
You have to admit, that's a creative way to illustrate lack of intent, Counselor.
This is a murder trial, Your Honor, not a creativity contest.
And with all due respect, it's not funny.
You know what else is not funny, Counselor? Life without parole.
I shall afford the defense a bit of latitude.
This lifeguard isn't a neurologist or a psychologist.
So how exactly would he give expert testimony regarding human survival response? - Well, we'll see, won't we? - Your Honor! Ahh, if you don't like it, Mr.
Dashay, make the defendant an offer.
Excuse me? I haven't said anything up until now, because a police officer is deceased, so politically it's not an option, but why hasn't there been an offer? This has nothing to do with politics.
- Oh please, E.
J.
- Are you trying to strong-arm the people into making an offer? Not at all.
I'm just telling you that if you don't like my ruling, you're free to make an offer.
20 to 40 years? How is that an offer? It takes life off the table.
Do you think you can win this? To be honest, I don't know.
The judge is allowing us to put the lifeguard on the stand, but losing the witness was not good, and Jackson's testimony I don't understand how this is happening.
20 to 40 years for riding a skateboard? Trying to defend myself? He was gonna kill me.
- You gotta take it, son.
- No.
What you talkin' about? At least after 20 he'll be able to apply for parole.
If he takes 20 to 40, you know damn well he's doin' 40 they're not paroling a cop killer.
He's gonna have a chance When he's 60! I didn't do anything! Which is why you're not pleading guilty! - Loretta - No! I'm not gonna let them do this to him! He did not do anything wrong! Everything we could.
Try to teach him how to deal with the cops, don't argue, don't talk back, keep your hands out of your pocket, don't run.
But if you don't fight back then they try and kill you and if you do fight back, then this.
So no! You had better try and win this, Ms.
Sullivan.
Because we are not backing down.
I am not giving them my son.
Mr.
Givens, how are you employed? I was a lifeguard for the city of New York for 10 years, I've been Chief Instructor for the Red Cross, for the past five, and I head the city's Water Safety Instructor Program.
Basically, I train the people who train the lifeguards.
Have you actually saved people? Yeah, I have 212 saves.
You saved 212 lives, that's impressive.
Ugh, not really, it's just training.
And can you tell us how you're trained to avoid specific danger to yourself when saving someone? Yeah, well there's a phenomenon that every lifeguard is familiar with, when someone is drowning, they panic and will instinctively grab onto the lifeguard and push him down to keep themselves afloat.
Lifeguards have been killed by being pushed under the water.
It's why we're trained to approach someone from behind and grab them around their chest.
And these people who panicked, and pushed their lifeguards underwater, are they doing this intentionally? Ahh, no, they're not to blame, like I said, it's a natural human response.
Mr.
Givens, do you have any personal experience with this? Ugh, I do, yeah, a buddy of mine was killed three years ago by someone who was drowning.
That person survived.
Was he prosecuted for murder? - Objection! - No.
Sustained, the jury will disregard the last question and answer.
No further questions.
Mr.
Givens, the defendant testified regarding shooting the officer.
"I didn't mean to kill him, I was trying to save my life, I thought it was him or me".
Do you think that people who try to put lifeguards under are thinking, it's him or me? Objection! He's offering the witness as an expert, Your Honor.
Overruled.
No, people describe it as almost an absence of all thought, it's like a fight or flight thing.
All animal instinct.
So given that Mr.
Whitmore said that he thought it was him or me, his actions weren't consistent with the phenomenon that you described? - Objection! - Objection! Overruled.
You opened this door, Counselors.
I guess it doesn't really seem like the same thing.
Thank you, no further questions.
I don't understand, what happened? What happened? It wasn't good.
Gwen, Gwen.
Hakeem, I need five Flame bolts.
I'm sorry, Gwen, I can't.
Look, I know I told you not to sell me any, but I really need one.
You tell me I should refuse to sell you any - no matter what you said.
- I know, but I'm saying right now it's okay.
You said you would tell me that.
Hakeem, sell me the Flame bolt it's an emergency I don't feel right, I think I actually need the caffeine.
No, you said, Hakeem, I will ask you, then I will cajole you, then I will beg you, then I will threaten you, then I will probably tell you that it's a medical necessity.
But no matter what I do, don't sell me the Flame bolts - so I'm - Hakeem I swear to God I will hurt you.
Sell me the Flame bolt.
No.
Gwen! Come back! Do not close that door.
[DOOR SHUTTING.]
Gwen! Open the door! Gwen.
Gwen! Gwen, let me in! Open this door! I need the Flame bolt! No, you don't, you have an arrhythmia, it's a bad idea! You know what's a worse idea? Me trying to do a summation, - feeling the way I'm feeling.
- Oh yeah? How are you gonna feel when you pass out in court? Oh stop being so dramatic, it's Flame bolt.
No, honey, it's not, you were just in the hospital.
God! When is the last time you even had a proper meal? Jesus Christ, you sound like Bennett.
Do not harp on me for what I eat.
Oh don't you dare.
Don't you lump me in with him, I am your best friend, and I'm callin' it like I see it.
Honey, you're taking yourself down.
God, this shit with the Flame bolts and your money and your unopened mail.
Yeah, which by the way, I decided to actually open.
Yeah, you're damn straight I did.
You got a letter from your bank telling you that your account is frozen because of that stupid payday loan? Do you even know that, Gwen? Did you know that? That is so wrong.
Oh Honey! You're missing the point! Look, I don't care about your money, okay.
I just care about you.
You're gonna do what you want, and you can do it, but I'm done pretending like it's okay.
I can't watch you self-destruct.
I will not.
[DOOR OPENING.]
Gwen.
We're screwed, Charlie, totally, utterly, and completely screwed.
Ahh, it's okay.
No, it's not okay.
I was too cocky.
What was I thinking? A lifeguard, seriously? The jury must be laughing at me.
It was a little weird.
It was.
Good weird.
It's just didn't land.
You're gonna have to come up with "Plan C".
I don't have a "Plan C".
That's why I'm here, okay, so just take this.
Wait, what? I can't watch you struggle anymore, okay? You quit when we're done, when it's over.
I'll help you, by teasing you.
I don't even have a quippy response right now because I am deeply, deeply in love with you.
Shh, drink and think.
[SOFT MUSIC.]
Better? Yeah.
Good, now put on your big girl panties and let's go.
I don't know, I just keep looking at the self-defense statute.
Hello, Gwendolyn.
Your father stopped in to say hello, I thought, since he was a judge, I would pull him in.
That's great.
You were talking about the defense statute.
Yeah, it says you can't claim self-defense if you're resisting arrest, the idea being that if you start the violence it's your fault, but what if you resist arrest initially, but then you submit, it can't just be the law that if a cop uses excessive force you have to just let yourself be killed? But the problem is we haven't proved excessive force.
But the kid has a crushed larynx, I mean, that's not enough? C'mon.
Because he's a big scary black man, he's the one considered violent, not the cop.
White people believe the cops, they don't get stopped and dealt with aggressively by them.
The question is, how do we convince a New York City jury the kind that did not indict the cop that killed Eric Garner, to see that race is at play here? See Daddy, what did you say a second ago? Because he's a big scary black man, he's the one considered violent.
And that is our "Plan C".
Wait, what is "Plan C"? We have no idea, trust me, Mr.
Sullivan, it'll be good.
Dr.
Sanders, is this the photograph taken of Mr.
Whitmore's neck when he's admitted to Hollowbrook Hospital? Yes, it is.
And it shows the bruising around his crushed windpipe.
Yes.
Now, could this injury have been caused by a chokehold? Yes, it could.
Let me be more specific.
Um, what's going on here? I'm allowed to demonstrate, that's why it's called demonstrative evidence.
Now if Officer Lockman had his arm around Mr.
Whitmore's neck, like this Objection! Your Honor, this is totally prejudicial, look at the size difference.
Come on, Ms.
Sullivan.
Oh I'm sorry, you're totally right, I'm sorry.
Now as I was saying, if the officer was choking my client, like this Objection! Your Honor, they look exactly the right size to me.
Yeah, but this man is Black? Jackson Whitmore is sitting in that chair because he's black.
He's being charged with murder because he's black and in a sense, Officer Lockman is dead, because Jackson Whitmore is black.
Mr.
Dashay basically just admitted it so why don't we just finally say what is true? Why don't we finally just admit to each other, that if you were to take a black cop, and a white kid skateboarding in a park, what you get is a ticket.
You get a summons.
But Jackson is black so there was a confrontation.
And an escalation, and the brutality of violence so severe that it crushed his windpipe.
This kid, this college kid who has never been arrested before.
He was faced with a life-changing choice in that moment.
Kill, or be killed.
The only question in this case is whether you believe that a black man has to agree to die every time a cop asks him a question or puts his hands on him.
I'm not resisting! I'm not resisting! Those are the words of a young black man desperately trying to convince a cop that he doesn't pose a threat.
It's too bad he couldn't have just said, "Imagine I'm white".
[SOFT MUSIC.]
If you punched me, and I punched you back, you could not then, hit me with a tire iron and claim self-defense.
That makes sense, doesn't it? Because you are the one who brought force to the table to begin with.
You started it.
Jackson Whitmore was being arrested, we know this because he said "I'm not resisting".
That statement makes no sense unless it is in response to Officer Lockman saying, "You are under arrest, and stop resisting that arrest".
He is the one who began to use force.
And he resisted enough to provoke a response from Officer Lockman.
To believe otherwise is to believe that Officer Lockman decided to forcefully choke someone that day for no reason.
When he resisted, he forfeited his right to claim to self-defense.
It is the law.
It has to be the law.
Otherwise criminals can violently resist arrest.
And when a police officer responds with force, they can kill that police officer.
That is not the world I wanna live in.
It is not the world we should have our police officers work in.
Jackson Whitmore is not here because he is black.
He is here because he broke the law.
He resisted arrest, he killed a police officer and now he wants to walk away.
Don't let him.
[SOFT MUSIC.]
Thank you.
Thank you for coming to see me in court.
You're welcome.
I should've been there sooner, I'm sorry.
What else did you wanna talk about? I don't know, I feel like my life isn't turning out the way I pictured it.
I'm not sure anyone's does, baby.
I love my job, but I don't know much longer I can keep doing it.
I might win the occasional skirmish but I'm losing the overall war, and then there's Bennett, - I just - Hmm.
I have to tell you that I have never thought that you and Bennett were good for each other.
- Really, Dad - No, no, no.
Hear me.
What I mean is, is that Bennett is not man enough for you.
Oh, go on.
Bennett is looking for someone he can put on a pedestal.
Someone he can admire.
More importantly, he's looking for someone to admire him.
When you were his student, he could deal with that.
Now, not so much.
You're a tough woman, Gwendolyn.
Not a lot of men can appreciate that.
That's what I'm afraid of.
That I'm never gonna find the guy who can deal with me.
He's out there.
And when you find him, he's gonna be special.
Now, as far as work goes, Oh, God.
I want you to hear me.
I have never been more proud of you in my life.
Win or lose this case, you have fought brilliantly for that young man, you have fought brilliantly for our community.
Take a vacation, take a break, do whatever you have to do to reboot, but get back on those battlements.
We need you out there.
Thanks, Dad.
Dad, I have something to tell you.
[SIGHING.]
I have a problem with money.
You always have a problem with money.
No, I'm saying that I have an issue with money.
It's gotten pretty bad, I I had to take out a payday loan.
And they froze my bank account.
I really need your help.
What if I cleaned your slate? Took you back to zero? I can't ask you to do that, Dad.
You're not asking, I'm offering.
How much is it? It's $50,000.
Done.
Hear me.
This is it.
Thank you.
You're welcome, baby.
I knew you guys would still be here.
Thought you went home with Tracy.
No, I don't know how she sleeps when the jury's out.
I went to see my Dad.
Mmm, how'd that go? Well, surprisingly not that bad.
Told me Bennett wasn't man enough for me.
I could've told you that.
What? He just seemed to have a image of you that he wanted you to fulfill.
What, you guys think I don't see things? I see everything.
That is scary.
Okay, I'm done.
I'll see you inside.
Sorry about Bennett.
Tom's right.
We're both stuck in the past we had these images of who we used to be, and we were each in love with the image and not who we really were.
Well, for what it's worth, it's his loss.
Thanks, Charlie.
No, I'm for real.
Gwen? Uh oh.
Can I talk to Gwen for a minute? Whatever you wanna say to me, you should to him too, so.
Okay.
I'm sorry, I'm really sorry for leaving and not telling you.
A conversation would've been nice and no even.
- What else? - What do you mean? How about I'm sorry I told Dashay about your opening statement, I'm sorry I broke your trust? I didn't think he was gonna steal it.
He wouldn't have been able to if you hadn't had told him.
I'm sorry.
Nuh-uh, don't look at me.
You know why I'm being a bitch right now? Because I actually cared about you.
I invested and you just bugged out.
I bugged out because the PD's office was not the right place for me.
And the DA's office is? I don't know.
You know you're not gonna find it, right? What? That perfect, well-manicured hand sanitized life? That job with the black and white rules.
I know your parents meant well when they adopted you and insulated you in Darien, Connecticut and convinced you that all that stuff was possible, but it's not.
Life is messy and f'd up and you're gonna have a job where you have to make complicated decisions.
So I guess what I'm trying to say is that you need to grow the hell up.
Gwen, I really don't wanna lose our friendship.
Go find yourself first, Vanessa.
I can't be friends with a ghost.
[TEXT TONE.]
Jury's back.
9AM tomorrow.
That was fast.
Is that good or bad? For who? Let the oppressor be the oppressed.
Will the system crumble under weight of its own lives to come to its own deaths? [CROWD SHOUTING.]
They're not lookin' at me, is that bad? I don't know.
I understand you have a verdict? On count one, murder in the first degree, we the jury find the defendant, Jackson Whitmore, not guilty.
- [GASPING.]
- Order! Order! No more outcries! Please continue.
On count two, murder in the second degree, we the jury find the defendant, not guilty.
[CHEERING.]
Ladies and gentlemen of the jury, thank you for your service.
We are adjourned.
All rise.
- I love you.
- It's over.
For havin' my back, thank you so much.
[PRESS SHOUTING.]
Give the family a little bit of room! [PRESS SHOUTING.]
Mr.
Whitmore, do you have any comments about today's verdict? We'd like to express our gratitude and thank you to the jury and everyone who supported our family.
Thank you, thank you.
Alright, guys, clear a path.
Please, clear a path for the family.
Comin' through! - Comin' through! - Thank you all so much! You've been wrong For a long time Wrong, for a long time Wrong, for a long time Tessa, Tessa, Tessa.
You again? What do you want? You got a lot of explaining to do.
To me, to a whole lot of people in the neighborhood.
Get in.
And if I don't? Then that complaint with the bar proceeds.
Get in! Sooner or later They're gonna let you down Sooner or later They're gonna let you down Sooner or later They're gonna let you down Brothers and sisters! We have defeated the system! Franklin, are you alright? You were victorious against the oppressor! - Yes, I was, but are you okay? - You beat them but, you still harbor the stench of the oppressor.
- That's why you need - You sound like you're off your meds, we've talked about this, I'm gonna call your sister.
Don't call my sister, I'm on my medication, I still know you're in danger.
Honey, I think we should go.
I'm not in any danger, it's okay, Dad, I know him, he's Franklin.
- I'm not in any danger.
- But he tried to attack I'm gonna call your sister, - we're here to help you.
- No! No! I know who you are! Sir, sir, listen, this is my daughter, we're gonna leave now, okay? I know what you are! The oppressor's inside you! - No, Franklin.
- The system's taking your soul! That's why I went to jail! Oh my God! Dad! Put your hands in the air! Franklin! Daddy! Somebody help us! This oppressive system Help! Call an ambulance! Cameras everywhere! Monitors! Every man, woman, and child.
This is America! Here's a look back at In Contempt My team and I are fighting to save your communities.
Then on behalf of my community, let me say that we'd feel much better, if you showed up with some actual evidence.
My client just pled guilty to a crime he didn't commit 'cause he couldn't afford bail.
Get off of me! Does anyone care about the law around here? You are supposed to care! We are not processing widgets these are human beings! I mean why are we even bothering with a trial at all why not just take him out back and hang him from a tree?