Doubt (2017) s01e12 Episode Script
Running Out of Time
1 Oh, oh-oh, oh-oh (SIREN WAILS) Good morning, Wayne.
I'm picking up.
Sign in.
- Date and time.
- I called ahead requesting a copy of a police file.
Otisville prisoner who died, Johnny Lozito.
- Yeah, it's ready.
- It's a cold case, right? Yeah.
- Here we go.
- (SIGHS) Something wrong? I think I might have hurt someone.
Don't say another word.
Did you get any sleep? I can sleep when the trial's over.
- Good thing today's the last day.
- (LAUGHS) God, I just had a nightmare that I took the stand against the advice of counsel and I completely torpedoed my entire case.
You didn't torpedo the case; It was a setback.
A setback I can fix in closing.
Is that what you've been doing all night? I always revise my summation.
- Well, come here.
- No, no.
- I have to finish this.
- No, you need a break.
No, no.
What are you doing? Hit save.
Okay.
Look.
In a few hours the fate of my life will be in the hands of 12 strangers, so on the off chance that you can't reverse this setback, I want to enjoy what little time we have left together.
Yeah.
Mmm.
Ugh.
Why is the sun so bright? That's the thermonuclear fusion from hydrogen into helium.
Same as the atomic bomb, actually.
Is my hangover funny to you? I'm not gonna lie, it's had its moments.
I also enjoyed last night when you insisted our Uber driver was Jimmy Fallon doing a skit.
It's your fault for bringing me to an open bar party.
I didn't ask you to go shot for shot with Krista Reed.
She's the champ.
I only accepted her tequila shot challenge because you declined.
Well, I'm about to be named acting D.
A.
I have a certain level of decorum to maintain.
I did like how you had my back, though.
It was kinda hot.
I didn't realize you had so many good friends there.
Hope it doesn't change after you're named acting D.
A.
Why would it change? You're not who you say you are You'll be the boss.
No one likes hanging out with the boss.
And all of the dreams I had You woke them You're not who I thought you were ISAIAH: You revised the closing? - I made some adjustments.
- That's good.
How much did you adjust? - Only, um, all of it.
- Sadie.
I had no choice after Billy's testimony torpedoed our case.
This is our last chance to rebuild the jury's trust in him.
Morning, everyone.
You're looking very incognito.
Late night? She was cheating on us with a bunch of prosecutors.
What did I miss? A woman walked into the police station covered in blood, confessed, and Tiffany decided to represent her.
She had very kind eyes.
Cameron, you're first chair.
I do love an unwinnable case.
What were you doing at the precinct this morning? Just following up on some stuff.
Okay.
We have a big day ahead of us.
Any other business to discuss? ALBERT: I'm hearing whispers that Grace Russo is stepping down and a certain A.
D.
A.
has been tapped to replace her.
Does anyone here have any reliable inside information on that? I know nothing.
- Hey.
- Here she is, the reigning champ.
- Mmm, what'd I win? - Uh, bragging rights? I'll trade 'em in for a hangover cure.
You should've seen Cam this morning Oof.
- So it's serious.
- Well, we had to get past the one obvious obstacle.
- That she's a defense attorney? - Yeah.
We're making it work.
You know you're in the running for acting D.
A.
, right? I was told it was mine to lose.
I hate this.
I heard people talking, and apparently they really want the interim D.
A.
to be electable moving forward, and there's some concern that Cam might make you the opposite of electable.
I'm not gonna stop seeing Cam, if that's what you're suggesting.
I like Cam, but I also like the idea of you being D.
A.
So let's get you elected.
Maybe be a little more discreet.
All anybody knows right now is that you and Cam are friends.
I could spread the word that that's all it is.
If anybody's looking for me, uh I'll be at a deposition.
(SECURITY LOCK BUZZES) I can't believe she's dead.
- Brenda was your friend? - She was my best friend.
Since fifth grade.
Did I really do it? So you have no idea what happened? I was hoping maybe you guys could tell me.
TIFFANY: What the police have been able to gather so far is that in the middle of the night, you drove to Brenda's house, and let yourself in.
You have a key, right? Your key was still in the lock.
And you went upstairs to Brenda's bedroom and using a hammer No.
Oh, God, no.
They found the hammer beside the bed.
Your prints were all over it.
Please, just tell me I'm sleeping right now.
Please.
Alison, this isn't a dream.
You've been charged with capital murder, and they have all the evidence they need to convict you.
The police said there was no alcohol in your system.
Are you on any type of prescription drugs? No.
I suffer from parasomnia, a really rare kind, that makes me act out vivid dreams in my sleep.
So when you drove to Brenda's home, let yourself in, and attacked her with a hammer I was asleep the entire time.
BILLY: So this is it.
- Almost.
- You feel good? - She got this.
- Don't jinx me.
Sorry.
(BURRIS CLEARS HER THROAT) So we agree that it's all or nothing on the murder one, no lessers included? - We're good with that.
- Okay.
I just In case I don't get a chance after closing, I wanted to say that I'm really sorry about your mom.
Thank you but, uh, it's not the first time her parole's been denied, I'm sure it won't be the last.
No.
I was talking about the clemency request.
We didn't file a clemency request.
Oh.
My mistake.
Is there something I should know? It's really not an appropriate time.
Abby, please tell me.
There was a clemency request filed.
Because of your mom's cancer.
Amy Meyers was young and full of life when she decided to break up with Billy Brennan that night.
And after she broke it off, she was dead.
He did it.
We know that because he is the only person with motive and opportunity.
We know it because his sister saw him standing over Amy's dead body.
We know it because his boarding school roommate said that Billy confessed to the crime.
And finally, we know it because Mr.
Brennan told us, on the stand, that he did it.
He said he remembered seeing.
Amy's face after she died.
I ask that you find Billy Brennan guilty.
CAROLYN: Sadie Sadie.
You're up, she's finished.
JUDGE MENDOZA: Is the defense prepared to give their summation? We are, Your Honor.
Blood is powerful.
The love we feel for a family member will make us do almost anything.
I think we can all understand Gail Meyers' grief, and her desire for justice.
She lost her daughter.
And the bond between a mother and a daughter is It's primal.
The night her daughter was taken from her, Gail Meyers lost a piece of herself, because blood is powerful.
But her desire for justice cannot come at the expense of an innocent man.
They want it to be Billy Brennan because that would give them answers and closure and someone to blame.
There's only one problem with that.
Billy Brennan didn't kill Amy Meyers.
How do we know? Because blood is powerful.
There was only one piece of physical evidence in this entire trial, one piece.
Blood found on the murder weapon.
Most of it was Amy's, but there was also someone else's.
The blood of Amy's killer.
The prosecution made a big deal about a scratch on Billy's face, as if he got that scratch from Amy.
Okay.
If so, then it would be his blood on the weapon.
But it wasn't.
He volunteered to give his blood, which he didn't have to do, because he wanted to clear his name.
The name that has been dragged through the mud for 26 years.
After being harassed by a corrupt district attorney, witnessing the manipulation of his mentally unstable sister by that same district attorney, losing his job, becoming a pariah, watching as the police focused all of their attention on him, while the real killer got away, Billy Brennan said, "Enough.
" Test my blood, it won't match.
" And he was right.
It didn't match.
Billy Brennan didn't murder Amy Meyers.
Billy Brennan is not a murderer.
Now, as you go off to deliberate, remember the blood.
And ask yourselves this question: Has the prosecutor proven her case beyond a reasonable doubt? I'm asking you, and you, and all of you, do you have doubt? Because if you do then you must find Billy Brennan not guilty.
(HORNS HONKING) Hey.
When's your character and fitness interview? - Tomorrow.
- Have you been prepping? I will answer their questions truthfully.
Except for ice cream flavor.
I'm gonna lie about that.
- 'Cause vanilla.
- (SIGHS) It's not a joke, Nick.
They're gonna ask stuff.
Real stuff.
Once.
In a brownie.
At a Phish concert.
(SCOFFS) Fine.
Okay, I accept.
- You accept what? - Your offer to help me prep.
- I can't.
I'm heading to court.
- Oh, right.
The sleepwalker case.
You believe her? You don't? Alison suffers from a real sleep disorder, Nick.
I agree that it's a little unusual, but we've found similar cases - that support our defense.
- Which is what? She was never conscious, so it's impossible for her to possess requisite intent to commit murder.
- Solid explanation.
- Yes.
She has been very transparent and forthcoming with us, so it's been very easy to help her.
Let me buy you dinner tonight.
I'll be so transparent, I'll be see-through.
Come on.
You'll get a free dinner, I'll gain some confidence going into my interview.
Win-win.
Fine.
So what happens now? The jury deliberates, we wait.
I think I'm gonna go see my mom.
I'll be on my cell all day.
Call if you need me.
You want me to come with you? No.
I need to do this alone.
I'm not abandoning you.
I know that this waiting is terrifying.
I'm not worried about me.
Just wish I could hug you right now.
You're allowed to hug me.
I was away on business.
Brenda was bummed that I was gonna be gone on our anniversary.
Two years.
I came back a day early, to surprise her.
What happened when you got home? I got off the plane, and my phone was exploding.
I knew it was bad.
I drove home.
Did you go inside the house? They needed me to identify her body.
It was the worst day of my life.
ARRINGTON: Can you describe for me the relationship between your wife and the defendant? They were best friends.
At least, that's what I thought.
What did you think when you heard that the defendant had murdered your wife? Objection to the use of the word "murder.
" Sustained.
I couldn't believe it.
I still have a hard time believing it.
Do you know if Brenda and Alison had any kind of argument recently? I've been wracking my brain.
After you and Brenda got married, would you say your wife spent more or less time with Alison? Less.
Do you think that bothered Alison? Do you think maybe she was jealous of your time with Brenda? Maybe a little.
She was clingy.
Like, worried she was being replaced.
Objection.
Hearsay.
Sustained.
The jury will disregard that last remark.
Mr.
Bowman, first of all, I want to offer you my condolences - about your wife.
- Thank you.
I want to ask you about a camping trip that you went on last year with Brenda and Alison.
Something happened, didn't it? You woke up in the middle of the night, and you and Brenda had to go searching for Alison.
She wandered off.
We went to find her.
And you did find her, in the lake, knee-deep, twirling around in circles.
Yes.
She was sleepwalking.
Did she tell you about it? Objection.
Hearsay.
Overruled.
She said she dreamt that she was in the Olympics, competing in synchronized swimming.
And when you saw her that night in the lake and her reaction the next morning, did you believe that she was actually sleepwalking? I guess.
Thank you.
This is you taking me out to dinner? Yeah, I figured we'd get more done here.
Oh.
Plain cheese.
You really pulled out all the stops.
Let's get started.
I printed out some sample questions.
Actually, I wrote up my own.
- You did? - I did.
First question, when you were incarcerated at Otisville Correctional Facility, were you a member of any particular, um, group? Group? Like a band? You know what I'm talking about.
If you're asking if I was in a gang, then, no, Tiffany, I was not.
Next question, did you associate - with any particular - Group? - Are you gonna take this seriously? - Yeah.
But you should be asking me about who I am now, maybe who I was before prison, but who I was inside is irrelevant.
You were convicted of fraud.
Writing bad checks.
You lied and deceived innocent people on multiple occasions to satisfy your own greed.
This dinner just took a turn.
That greed, dishonesty, and moral depravity didn't end the day you entered Otisville, did it? What are you doing? Did anything happen in prison that you want to talk about? I got my law degree.
I know about Johnny Lozito, Nick.
I know he died.
I know you lied about it when I asked you.
You were at the precinct investigating me? - What happened to him, Nick? - None of your damn business.
I'm your friend.
You can you can trust me.
Okay.
It wasn't at a Phish concert.
It wasn't in a brownie.
And it wasn't just once.
I did some bad stuff, but the headline is I stopped doing bad stuff and I turned my life around.
But there's a chance that this bad stuff might come up in your interview, and you should be prepared for it.
I'm just trying to help you.
I don't need your help.
(SIGHS) (DISTANT TRAFFIC SOUNDS) What's this? Pasta.
Wine.
That's a good combination.
How was your sleepwalker today? CAMERON: Awake.
At least, I think she was.
Just so you know, the secret's starting to get out.
Russo stepping down.
Your promotion.
Albert mentioned it this morning.
Actually, I, uh, wanted to talk to you about that.
- I'm reconsidering.
- Reconsidering what? The D.
A.
position.
I'm not sure I want it.
You know? I love the courtroom.
And district attorney, really, it's just a political position.
- But last night it was your dream job.
- (CHUCKLES) Last night I was drinking.
Peter, what's going on? I think there's some concern that, uh, I won't be electable.
Didn't they choose you because you were the most electable person there? Well, apparently I'm not anymore.
This is because you took me as your date to the benefit.
I just think that, uh, with the embarrassment of Russo and Ferretti, that they're nervous, you know? They don't want anyone who's gonna be remotely controversial.
There's nothing controversial going on here except you backing down from a fight.
Well, maybe I'm not backing down from a fight, okay? Maybe this is me, happier than I've ever been, realizing that I don't want a life of compromise and backroom politics.
Because that's what - district attorney is.
- Peter I got a great job that I love, I got a hot girlfriend, and I got a bowl of pasta.
I'm good.
(INDISTINCT CHATTER) (FOOTSTEPS APPROACHING) Oh, boy.
I know that look.
I've been seeing it from a lot of people lately.
I told them not to tell you.
You're gonna have to be more specific.
Isaiah and Cameron.
Well, your secret is still safe with them, because I found out in court from a prosecutor.
Talk about worst-case scenario.
This isn't funny, Mom.
D-Don't be angry with Isaiah and Cameron.
I-I had them handcuffed.
Tell me about this clemency request.
Well, it looks like the governor is willing to pardon me at the end of his term.
In 18 months.
Okay.
That's good, right? We'll get you treatment.
You'll come home.
We'll get through this.
You don't have 18 months.
(SOBS) (CRYING SOFTLY) - When were you planning on telling me? - Sadie Just answer the question.
After the Brennan trial.
My mother is dying.
She's dying.
What gave you the right to keep that from me? It wasn't my right It's Carolyn's.
And she didn't give me permission.
Are you really invoking - attorney-client privilege right now? - Yes, I am.
Oh, I guess it didn't apply when you told Isaiah.
She needed my help with the executive clemency thing.
My mother wouldn't have needed clemency if Cameron had disclosed her illness at the parole hearing.
(SIGHS) She told me you knew before the hearing.
She would be home right now if it weren't for you.
That's not fair.
Sadie.
We spent the night in a motel room in Allentown, Pennsylvania, talking about boys, when you knew my mother was sick.
TANYA: Sadie.
- What? - Albert called.
The judge needs you both at the courthouse.
NICK: You got a minute? There was a fight in the yard, and Johnny was sent to the infirmary.
He was pretty banged up.
A guy in his gang told me that he needed to get to him, see if Johnny was okay, and talk about getting their stories straight.
I had a couple of guards who helped me get things in and out.
I asked 'em to take an early break that night.
The next morning, they found Johnny.
He was dead.
Apparently his gang was worried that he was gonna snitch on a rival gang, which would've started a war.
And everybody knew Johnny had a big mouth.
His buddy smothered him with a pillow.
(EXHALES) I didn't know.
I really didn't know they were gonna do it.
And the investigation? Nobody talked.
The prison called it a heart attack.
Case closed.
If this comes up during character and fitness - It won't.
- If it does lie.
You could fail, Nick, and you won't be admitted to the bar.
You were right, you know.
The lying and cheating and moral depravity, as you so colorfully called it, it didn't stop all at once.
But it did stop.
When I found a purpose.
When I found law.
I think the rule of law is a beautiful thing.
And I remade myself, piece by piece.
I'm not the man I was.
I don't cheat, I don't steal, and I don't lie.
One more lie.
If they ask.
Please.
Hey.
What's going on? No verdict yet.
The jury had a note.
Good note or bad note? They wanted a portion of Russo's testimony read back to them.
The part about the Windsong donation.
Good note.
The jury asking about Russo means our story about corruption in the D.
A.
's office landed.
How's your mom? I don't know.
Bad, I think.
I should be doing something.
Like murdering Cam and Isaiah.
That would put me in a difficult position.
You wouldn't defend me? I'd be a little conflicted.
The EEG at the top displays normal brain activity, but.
Alison's brain tries to wake up from slow-wave sleep.
That's what you're seeing in the EEG at the bottom.
This is from a session I did with Alison about three months ago.
When this happens, Alison's brain gets stuck between - a sleep state and a wake state.
- And this is rare? Non-REM parasomnia, or what is often referred to as sleepwalking That is more common.
But Alison also suffers from.
REM sleep parasomnia, which is rare and can cause a person to act out vivid and often violent dreams.
- Is it possible to fake an EEG? - No.
In your professional opinion, was Alison Thorne asleep when she went to Brenda Bowman's house? Yes.
Where is the EEG of Ms.
Thorne's brainwaves while she was driving to the decedent's house that night? Obviously we don't have that.
Well, do you have any EEG of any patient ever who was sleeping while driving a car? No.
But I have seen patients sound asleep who have cooked a meal, played an instrument, even painted a fence.
Because their brains know how to do all of those things.
So, it is possible to imagine a person driving a car sound asleep.
I didn't ask if you could imagine it.
I asked, have you ever seen it? No.
Nothing further.
How many times have we been here? I've lost count.
Remember that jury that came back and wanted to know which box to check if they wanted to convict for both first degree murder and manslaughter? Obviously, we thought we'd lost.
And then they acquitted.
You just never know.
My mom's gonna die in prison.
Isaiah and Cam knew and didn't tell me.
I've been feeling so betrayed, and then I realized that's exactly what I did to you.
It's not the same thing.
You found out about Billy after everyone else knew.
Sadie, I know this feels like a betrayal, and it may be, but being mad doesn't last forever.
So just wait until it dies down, and talk to 'em.
It's gonna be a long wait.
- The jury has another question.
- SADIE: Good question or bad question? Depends which side you're on.
They want to know if they can have a tape measure.
- For what? - They want to measure out 30 feet.
Because that's the distance Amy's body was from where was Billy standing outside the fence.
I would call that a bad question.
The first time it happened, Alison was nine.
I found her in the laundry room, in the middle of the night.
She was pouring soap in the dryer.
I thought it was funny at the time, but the second time, it wasn't so funny.
What happened the next time? A few months later, she dove headfirst off the kitchen table.
When she woke up, she said she'd dreamt she could fly.
That was scary.
CAMERON: Did the sleepwalking stop? It got worse.
We had to put locks - on everything.
- Did you install a camera? Yes.
Your Honor, I'd like to play a video from when Alison was a teenager.
(GLASS CLINKING) (SCREAMING, GRUNTING) (SCREAMING AND GRUNTING CONTINUES, BLOWS LANDING) What was Alison doing? She told us she dreamt the house was on fire, and that monsters were blocking the water bottles.
She was trying to get the water in the fridge so she could put the fire out.
No further questions.
Brenda and Alison were friends for a long time.
They must have had some disagreements.
All friendships have their bumps in the road.
You know, back in high school, Brenda was prom queen.
All the boys they they wanted to date her.
- Yes.
- Brenda's family was - extremely wealthy.
- I know you're trying to say that Alison was jealous of Brenda, but it wasn't like that.
How about after high school? Alison and Brenda they were - college roommates? - Yes.
They had a physical altercation where the result was the university putting them in separate dorms.
- They were 19.
- The university reported that the fight was over another friend that Brenda had made.
Alison got upset - and pushed Brenda to the ground.
- They'd been drinking.
No feelings of ill-will after that? Like I said, normal ups and downs.
I wouldn't call bludgeoning my best friend with a hammer "normal," but that's just me.
Nothing further.
We don't know what it means.
It means they think I was lying.
These kinds of questions are very common during deliberation.
There's no way of getting inside the jury's head.
It could be one person stuck on your testimony.
- I never should've taken the stand.
- We're done with that, Billy.
We've moved on.
Now we wait.
- Well, did they ask anything else? - Yes.
They wanted a portion of Grace Russo's testimony - read back to them.
- That's good, right? It's very good.
Well, maybe you could've led with that.
Right.
I'm sorry.
My head's just spinning right now.
What's her exact diagnosis? Stage 3 pancreatic cancer.
Will you get me the file? There's a jury literally deciding your fate right now.
The last thing you need to worry about is my mom.
I'd welcome the distraction.
If there's any way I can help your mom, I will.
All right? You got to let me try.
(HORNS HONKING) You nervous, too? Is it that obvious? We have the same knee.
I just hope my past doesn't come back to haunt me.
What'd you do? I don't usually talk about it.
I understand.
When I was in college, I got arrested.
Oh Really, you don't have to tell me if you don't No, it feels good to get it out.
I've had it bottled up for so long.
What was the charge? Urinating in public.
What'd you do? I spent six years in prison for fraud.
Good luck with that.
(DOOR OPENS) MAN: Okay, Nick Brady, you're up.
CAMERON: What do you remember about that night? Not a lot.
I went to bed, and I was dreaming that Brenda needed help.
There was some sort of creature in her bedroom.
She was begging me to go over there and kill it.
Next thing I know, I'm walking into her bedroom, and I see the creature.
It told me to go away.
I I walked over to the bed, and I started hitting it.
The next thing I know, I I woke up in the parking lot, covered in blood.
- What did you do? - I went straight to the police station.
I told them that I thought I might have hurt someone.
So you didn't try to flee or deny what you had done? No.
The minute I woke up and saw what happened, I went directly there.
ARRINGTON: Brenda's family was wealthy, but she was successful in her own right.
- Yes.
- You've had trouble holding down a job.
In fact, you've had three different jobs over the last five years, while Brenda was getting promoted to vice president at her company.
Well, she was very smart.
She was more than smart.
She was everything you're not.
- Objection.
- Sustained.
Brenda was married.
You've never held a relationship more than seven months.
I told you about the sleepwalking thing.
It makes it kind of hard to keep a relationship.
It also makes it hard to maintain a friendship.
Objection.
Argumentative.
Sustained.
You and Brenda had a falling out.
We drifted apart a little bit, but we were still friends.
Cell phone records from the four months prior to Brenda's death.
She didn't call you once.
You called her 74 times.
We were just trying to find a time to get together.
Brenda wasn't.
All your calls went straight to voice mail.
Must have been pretty painful seeing her pulling away from you.
She wasn't pulling away from me.
Sometimes friends go through ups and downs.
- You were jealous of her.
- Isn't that normal? Isn't it normal to be a little bit jealous of other people sometimes? We used to always joke that Brenda had this white light around her, and I had dark thunder clouds surrounding me, but it was a joke.
Even if I did resent her, I never showed it.
So you did resent her? Well, I guess I would be lying if I said I didn't, but I would never kill her.
Yet it appears you did.
You just sat in the lobby? - Yup.
- All day? - And the next day.
- Without an appointment? And Isaiah Roth hired you? If he hadn't, I'd still be in that lobby.
You know that's trespassing? (LAUGHS) You should see your face.
I'll tell I'll tell you what.
Hey, you knew what you wanted, and you went and got it.
You should be proud.
I am.
Thank you.
Uh, we do have one final matter to discuss.
We received a letter from a fellow inmate of yours at Otisville.
A, uh, weird name.
Um "Arthur Camston.
" You just represented him.
He raises some allegations, and we just wanted to hear your side of the story.
So, let's talk about Johnny Lozito.
Alison Thorne viciously beat the life out of Brenda Bowman.
With a hammer.
This was a brutal, ugly, passionate crime.
A bloody explosion of an entire lifetime of resentment.
Brenda was always the popular one.
Always the smart one.
Brenda got the good job.
She had the amazing husband and home.
"You can't just ignore my calls.
"I was your best friend! "I was always there for you! "Me.
Not him.
Me.
And I will not be thrown away!" (SNIFFS) Wow.
If they gave Emmys for summations, that would totally get my vote.
But this isn't a soap opera.
It's a trial.
In here, we rely on evidence.
Where is the evidence to support A.
D.
A.
Arrington's theory? There is none.
Here's what there is.
A serious, persistent, lifelong illness that leads to precisely the kinds of horrible things that happened here.
To believe the prosecution's story, you have to ignore the science, believe that Alison faked EEGs and started planning this crime when she was only nine years old.
To be guilty of this crime, Alison had to have had the specific intent to kill Brenda.
That's why.
A.
D.
A.
Arrington put on this ludicrous melodrama we've all just watched.
Because if Alison was awake and jealous, she had the intent.
But she was asleep.
And if she was asleep, she's not guilty.
JUDGE MENDOZA: It seems we have a hung jury.
What's the vote? 11 to one.
- Wow.
- So how would you like to proceed? (SIGHS) We'd like to confer with our client.
So, it's 11 to one to acquit, or 11 to one to convict? They don't give us that information.
Well, it's either really good or really bad.
And now we have a choice.
If we think there's 11 to convict, we argue for a mistrial.
But that means doing this entire thing all over again.
Won't make the mistake of testifying again.
True, but then we lose the element of surprise in getting Gail Meyers and Grace Russo on the stand.
Russo will be old news by the time a new trial rolls around.
So, what if it's 11 to one to acquit? Then we ask Judge Mendoza to instruct the jury to keep deliberating until they reach - a unanimous verdict.
- That's like playing Russian roulette, only with one bullet in the chamber or 11.
I think it's one bullet.
- You do? - I think we have the other 11 on our side.
It's been less than 24 hours.
There's no way 11 people voted for murder one that fast.
I can't imagine we've only reached one of them.
Albert? - I'm stuck on their last question.
- You said it didn't mean anything.
I said it didn't necessarily mean anything.
(SIGHS) Just ask yourself, if you were on the jury, did we win this case? Yes.
Let's push for a verdict.
You sure? We won this case.
Let's roll the dice.
Deadlocked 11 to one, and you push for a verdict? The safe play would have been to argue for a mistrial.
Regroup.
Odds of a conviction always drop with a new trial.
But you already knew that.
You taught us to go with our gut.
So you feel good about it? Well, this conversation isn't inspiring confidence.
I didn't come in here to rattle you.
I came in here to tell you that you have every right to be angry with me.
But I was only trying to protect you.
You were in the middle of the biggest case of your life, defending a man you love.
I decided you didn't need to know.
And given the chance, I would do it again.
I didn't need to know? Please forgive me.
(SCOFFS) Ever since the parole hearing, I have been furious with her.
So I stopped calling, and I stopped visiting.
This week I didn't visit.
This week, I didn't visit.
This week, I didn't visit.
This week All this time, I could have been with her, helping her through this, but you didn't think I needed to know.
So if you could figure out a way for me to get back all of those weeks and days and hours and minutes, well, maybe then I'll forgive you.
JURY FOREMAN: In the matter of People v.
Alison Thorne on the charge of murder in the second degree, we find the defendant not guilty.
(SIGHS) Thank you for believing me.
- Congratulations.
- Thank you.
Thank you.
Did you just see that? See what? Nothing.
Never mind.
No verdict yet.
You tried your best - To bury in the ground - (SIGHS) Did we make the right decision? Is that what you're up here doing? Second-guessing every move? What else is there to do? - Drink.
- Way ahead of you.
- I need to tell you something.
- The walls you built - Aren't you gonna sit? - Are crumbling down That's Isaiah's chair.
Sit.
Haunted by the shadows all around (GRUNTS) You want one? I'm good.
And yeah - This feels weird.
- What? Me and you up here together.
It's not us.
This is you and Isaiah.
- Could be us.
- The scars are more painful - We're the future of this firm, Albert.
- Than you'll know - Sadie.
- Don't tell me you can't picture us 30 years from now, sitting up here, waiting on a verdict, second-guessing every move.
We're a team.
The ghosts in your heart are alive You're my partner, and I love you.
I love you, too.
- That's why you can't leave.
- Spread the ashes of your father If your angst has survived I signed a lease today.
Then you're only treading water.
.
I'm starting my own firm.
You feel like you can never get it right (SIGHS) - Sticks and stones - I was wrong.
You can't lie, you have to tell the truth.
- Tiffany - She got away with it.
Our client was lying to us the whole time, and she killed - her best friend.
- Hold on, what are you talking about? Her sleepwalking disorder, she used it, Alison and the guy, her husband, and, I mean, we helped them get away with it, Nick.
I mean, I'm a grown-up, I get that this what we do, but then to help them get away with this? And then I-I told you to lie.
You-You can't.
We can't because then that makes us as bad as the bad guys and we're the good guys, so please, just tell the truth.
- Tiffany - When you get in there, just lay all of your cards out on the table because you are good.
You are good, Nick.
Otherwise this lie will eat you up and Tiffany, I already had the interview.
Oh.
Okay, well and? He asked me.
Spread the ashes I told the truth.
Oh, God, of course.
Oh, of course you did! Of course you did.
Um, so, h-how-how do you feel? I feel great.
I feel free.
Cause you're only treading water.
(DOOR CLOSES) Hey.
Hey, you missed the coat rack there.
Got drunk on a rooftop.
Sounds like a bad country song.
Or an awesome country song.
(CHUCKLES) My mom's file? - Yeah.
- (SIGHS) Can you give me the good news first? Or maybe just lie to me for a little while.
The truth's really been kicking my ass lately.
I'm sorry.
- It's bad? - Yeah.
So we only have 18 months? Probably less.
I should've kept drinking on that rooftop.
And spend our last night together apart? Don't even joke about that.
I'm kidding.
(SIGHS) The hole in the floorboards I'm losing my mom.
I'm losing Albert.
The moon was gone I don't have anybody else in my life that I trust.
Dark as nightmares You're all I have.
You took all my fears I can't lose you.
You wrapped them in wonders But there's no magic Inside the moon, it's just I got us a couple beers.
I thought we'd keep you away from the tequila tonight.
What if we break up? - When? - Someday.
I don't even know how to answer that.
I mean it.
What if we break up, and you look back and regret letting this job slip away because of me? I'm in this relationship because I plan on building a life with you.
Okay.
Let's say we stay together, and everything seems great, then one day it just appears.
- What appears? - Resentment.
Where is this coming from? Think about it.
Five years from now, maybe ten, you're gonna look back and realize you could've been District Attorney of New York City.
That's how resentment works.
It just starts and you can't stop it.
Even if you don't think you're resenting the person, you end up bludgeoning them with a hammer.
I promise I'll never bludgeon you with a hammer.
I know I'm not the kind You would make a great D.
A.
, Peter.
I agree.
I was backing away from a fight, you were right.
I do want to be the D.
A.
So are you saying you want to break up? Cam Okay, see this guy over here? He's a paralegal in our office.
He's also a huge gossip.
Phil! Hey, man, how you doing? Phil's probably already tweeted a picture of that kiss.
Now, I hope I don't have to choose between the job and my relationship.
But if I do, it's you.
I told you, I'd always choose you.
I meant it.
Okay.
Ooh, ooh (PHONE CHIMES) Ooh, ooh Ooh.
The jury's reached a verdict.
I'm picking up.
Sign in.
- Date and time.
- I called ahead requesting a copy of a police file.
Otisville prisoner who died, Johnny Lozito.
- Yeah, it's ready.
- It's a cold case, right? Yeah.
- Here we go.
- (SIGHS) Something wrong? I think I might have hurt someone.
Don't say another word.
Did you get any sleep? I can sleep when the trial's over.
- Good thing today's the last day.
- (LAUGHS) God, I just had a nightmare that I took the stand against the advice of counsel and I completely torpedoed my entire case.
You didn't torpedo the case; It was a setback.
A setback I can fix in closing.
Is that what you've been doing all night? I always revise my summation.
- Well, come here.
- No, no.
- I have to finish this.
- No, you need a break.
No, no.
What are you doing? Hit save.
Okay.
Look.
In a few hours the fate of my life will be in the hands of 12 strangers, so on the off chance that you can't reverse this setback, I want to enjoy what little time we have left together.
Yeah.
Mmm.
Ugh.
Why is the sun so bright? That's the thermonuclear fusion from hydrogen into helium.
Same as the atomic bomb, actually.
Is my hangover funny to you? I'm not gonna lie, it's had its moments.
I also enjoyed last night when you insisted our Uber driver was Jimmy Fallon doing a skit.
It's your fault for bringing me to an open bar party.
I didn't ask you to go shot for shot with Krista Reed.
She's the champ.
I only accepted her tequila shot challenge because you declined.
Well, I'm about to be named acting D.
A.
I have a certain level of decorum to maintain.
I did like how you had my back, though.
It was kinda hot.
I didn't realize you had so many good friends there.
Hope it doesn't change after you're named acting D.
A.
Why would it change? You're not who you say you are You'll be the boss.
No one likes hanging out with the boss.
And all of the dreams I had You woke them You're not who I thought you were ISAIAH: You revised the closing? - I made some adjustments.
- That's good.
How much did you adjust? - Only, um, all of it.
- Sadie.
I had no choice after Billy's testimony torpedoed our case.
This is our last chance to rebuild the jury's trust in him.
Morning, everyone.
You're looking very incognito.
Late night? She was cheating on us with a bunch of prosecutors.
What did I miss? A woman walked into the police station covered in blood, confessed, and Tiffany decided to represent her.
She had very kind eyes.
Cameron, you're first chair.
I do love an unwinnable case.
What were you doing at the precinct this morning? Just following up on some stuff.
Okay.
We have a big day ahead of us.
Any other business to discuss? ALBERT: I'm hearing whispers that Grace Russo is stepping down and a certain A.
D.
A.
has been tapped to replace her.
Does anyone here have any reliable inside information on that? I know nothing.
- Hey.
- Here she is, the reigning champ.
- Mmm, what'd I win? - Uh, bragging rights? I'll trade 'em in for a hangover cure.
You should've seen Cam this morning Oof.
- So it's serious.
- Well, we had to get past the one obvious obstacle.
- That she's a defense attorney? - Yeah.
We're making it work.
You know you're in the running for acting D.
A.
, right? I was told it was mine to lose.
I hate this.
I heard people talking, and apparently they really want the interim D.
A.
to be electable moving forward, and there's some concern that Cam might make you the opposite of electable.
I'm not gonna stop seeing Cam, if that's what you're suggesting.
I like Cam, but I also like the idea of you being D.
A.
So let's get you elected.
Maybe be a little more discreet.
All anybody knows right now is that you and Cam are friends.
I could spread the word that that's all it is.
If anybody's looking for me, uh I'll be at a deposition.
(SECURITY LOCK BUZZES) I can't believe she's dead.
- Brenda was your friend? - She was my best friend.
Since fifth grade.
Did I really do it? So you have no idea what happened? I was hoping maybe you guys could tell me.
TIFFANY: What the police have been able to gather so far is that in the middle of the night, you drove to Brenda's house, and let yourself in.
You have a key, right? Your key was still in the lock.
And you went upstairs to Brenda's bedroom and using a hammer No.
Oh, God, no.
They found the hammer beside the bed.
Your prints were all over it.
Please, just tell me I'm sleeping right now.
Please.
Alison, this isn't a dream.
You've been charged with capital murder, and they have all the evidence they need to convict you.
The police said there was no alcohol in your system.
Are you on any type of prescription drugs? No.
I suffer from parasomnia, a really rare kind, that makes me act out vivid dreams in my sleep.
So when you drove to Brenda's home, let yourself in, and attacked her with a hammer I was asleep the entire time.
BILLY: So this is it.
- Almost.
- You feel good? - She got this.
- Don't jinx me.
Sorry.
(BURRIS CLEARS HER THROAT) So we agree that it's all or nothing on the murder one, no lessers included? - We're good with that.
- Okay.
I just In case I don't get a chance after closing, I wanted to say that I'm really sorry about your mom.
Thank you but, uh, it's not the first time her parole's been denied, I'm sure it won't be the last.
No.
I was talking about the clemency request.
We didn't file a clemency request.
Oh.
My mistake.
Is there something I should know? It's really not an appropriate time.
Abby, please tell me.
There was a clemency request filed.
Because of your mom's cancer.
Amy Meyers was young and full of life when she decided to break up with Billy Brennan that night.
And after she broke it off, she was dead.
He did it.
We know that because he is the only person with motive and opportunity.
We know it because his sister saw him standing over Amy's dead body.
We know it because his boarding school roommate said that Billy confessed to the crime.
And finally, we know it because Mr.
Brennan told us, on the stand, that he did it.
He said he remembered seeing.
Amy's face after she died.
I ask that you find Billy Brennan guilty.
CAROLYN: Sadie Sadie.
You're up, she's finished.
JUDGE MENDOZA: Is the defense prepared to give their summation? We are, Your Honor.
Blood is powerful.
The love we feel for a family member will make us do almost anything.
I think we can all understand Gail Meyers' grief, and her desire for justice.
She lost her daughter.
And the bond between a mother and a daughter is It's primal.
The night her daughter was taken from her, Gail Meyers lost a piece of herself, because blood is powerful.
But her desire for justice cannot come at the expense of an innocent man.
They want it to be Billy Brennan because that would give them answers and closure and someone to blame.
There's only one problem with that.
Billy Brennan didn't kill Amy Meyers.
How do we know? Because blood is powerful.
There was only one piece of physical evidence in this entire trial, one piece.
Blood found on the murder weapon.
Most of it was Amy's, but there was also someone else's.
The blood of Amy's killer.
The prosecution made a big deal about a scratch on Billy's face, as if he got that scratch from Amy.
Okay.
If so, then it would be his blood on the weapon.
But it wasn't.
He volunteered to give his blood, which he didn't have to do, because he wanted to clear his name.
The name that has been dragged through the mud for 26 years.
After being harassed by a corrupt district attorney, witnessing the manipulation of his mentally unstable sister by that same district attorney, losing his job, becoming a pariah, watching as the police focused all of their attention on him, while the real killer got away, Billy Brennan said, "Enough.
" Test my blood, it won't match.
" And he was right.
It didn't match.
Billy Brennan didn't murder Amy Meyers.
Billy Brennan is not a murderer.
Now, as you go off to deliberate, remember the blood.
And ask yourselves this question: Has the prosecutor proven her case beyond a reasonable doubt? I'm asking you, and you, and all of you, do you have doubt? Because if you do then you must find Billy Brennan not guilty.
(HORNS HONKING) Hey.
When's your character and fitness interview? - Tomorrow.
- Have you been prepping? I will answer their questions truthfully.
Except for ice cream flavor.
I'm gonna lie about that.
- 'Cause vanilla.
- (SIGHS) It's not a joke, Nick.
They're gonna ask stuff.
Real stuff.
Once.
In a brownie.
At a Phish concert.
(SCOFFS) Fine.
Okay, I accept.
- You accept what? - Your offer to help me prep.
- I can't.
I'm heading to court.
- Oh, right.
The sleepwalker case.
You believe her? You don't? Alison suffers from a real sleep disorder, Nick.
I agree that it's a little unusual, but we've found similar cases - that support our defense.
- Which is what? She was never conscious, so it's impossible for her to possess requisite intent to commit murder.
- Solid explanation.
- Yes.
She has been very transparent and forthcoming with us, so it's been very easy to help her.
Let me buy you dinner tonight.
I'll be so transparent, I'll be see-through.
Come on.
You'll get a free dinner, I'll gain some confidence going into my interview.
Win-win.
Fine.
So what happens now? The jury deliberates, we wait.
I think I'm gonna go see my mom.
I'll be on my cell all day.
Call if you need me.
You want me to come with you? No.
I need to do this alone.
I'm not abandoning you.
I know that this waiting is terrifying.
I'm not worried about me.
Just wish I could hug you right now.
You're allowed to hug me.
I was away on business.
Brenda was bummed that I was gonna be gone on our anniversary.
Two years.
I came back a day early, to surprise her.
What happened when you got home? I got off the plane, and my phone was exploding.
I knew it was bad.
I drove home.
Did you go inside the house? They needed me to identify her body.
It was the worst day of my life.
ARRINGTON: Can you describe for me the relationship between your wife and the defendant? They were best friends.
At least, that's what I thought.
What did you think when you heard that the defendant had murdered your wife? Objection to the use of the word "murder.
" Sustained.
I couldn't believe it.
I still have a hard time believing it.
Do you know if Brenda and Alison had any kind of argument recently? I've been wracking my brain.
After you and Brenda got married, would you say your wife spent more or less time with Alison? Less.
Do you think that bothered Alison? Do you think maybe she was jealous of your time with Brenda? Maybe a little.
She was clingy.
Like, worried she was being replaced.
Objection.
Hearsay.
Sustained.
The jury will disregard that last remark.
Mr.
Bowman, first of all, I want to offer you my condolences - about your wife.
- Thank you.
I want to ask you about a camping trip that you went on last year with Brenda and Alison.
Something happened, didn't it? You woke up in the middle of the night, and you and Brenda had to go searching for Alison.
She wandered off.
We went to find her.
And you did find her, in the lake, knee-deep, twirling around in circles.
Yes.
She was sleepwalking.
Did she tell you about it? Objection.
Hearsay.
Overruled.
She said she dreamt that she was in the Olympics, competing in synchronized swimming.
And when you saw her that night in the lake and her reaction the next morning, did you believe that she was actually sleepwalking? I guess.
Thank you.
This is you taking me out to dinner? Yeah, I figured we'd get more done here.
Oh.
Plain cheese.
You really pulled out all the stops.
Let's get started.
I printed out some sample questions.
Actually, I wrote up my own.
- You did? - I did.
First question, when you were incarcerated at Otisville Correctional Facility, were you a member of any particular, um, group? Group? Like a band? You know what I'm talking about.
If you're asking if I was in a gang, then, no, Tiffany, I was not.
Next question, did you associate - with any particular - Group? - Are you gonna take this seriously? - Yeah.
But you should be asking me about who I am now, maybe who I was before prison, but who I was inside is irrelevant.
You were convicted of fraud.
Writing bad checks.
You lied and deceived innocent people on multiple occasions to satisfy your own greed.
This dinner just took a turn.
That greed, dishonesty, and moral depravity didn't end the day you entered Otisville, did it? What are you doing? Did anything happen in prison that you want to talk about? I got my law degree.
I know about Johnny Lozito, Nick.
I know he died.
I know you lied about it when I asked you.
You were at the precinct investigating me? - What happened to him, Nick? - None of your damn business.
I'm your friend.
You can you can trust me.
Okay.
It wasn't at a Phish concert.
It wasn't in a brownie.
And it wasn't just once.
I did some bad stuff, but the headline is I stopped doing bad stuff and I turned my life around.
But there's a chance that this bad stuff might come up in your interview, and you should be prepared for it.
I'm just trying to help you.
I don't need your help.
(SIGHS) (DISTANT TRAFFIC SOUNDS) What's this? Pasta.
Wine.
That's a good combination.
How was your sleepwalker today? CAMERON: Awake.
At least, I think she was.
Just so you know, the secret's starting to get out.
Russo stepping down.
Your promotion.
Albert mentioned it this morning.
Actually, I, uh, wanted to talk to you about that.
- I'm reconsidering.
- Reconsidering what? The D.
A.
position.
I'm not sure I want it.
You know? I love the courtroom.
And district attorney, really, it's just a political position.
- But last night it was your dream job.
- (CHUCKLES) Last night I was drinking.
Peter, what's going on? I think there's some concern that, uh, I won't be electable.
Didn't they choose you because you were the most electable person there? Well, apparently I'm not anymore.
This is because you took me as your date to the benefit.
I just think that, uh, with the embarrassment of Russo and Ferretti, that they're nervous, you know? They don't want anyone who's gonna be remotely controversial.
There's nothing controversial going on here except you backing down from a fight.
Well, maybe I'm not backing down from a fight, okay? Maybe this is me, happier than I've ever been, realizing that I don't want a life of compromise and backroom politics.
Because that's what - district attorney is.
- Peter I got a great job that I love, I got a hot girlfriend, and I got a bowl of pasta.
I'm good.
(INDISTINCT CHATTER) (FOOTSTEPS APPROACHING) Oh, boy.
I know that look.
I've been seeing it from a lot of people lately.
I told them not to tell you.
You're gonna have to be more specific.
Isaiah and Cameron.
Well, your secret is still safe with them, because I found out in court from a prosecutor.
Talk about worst-case scenario.
This isn't funny, Mom.
D-Don't be angry with Isaiah and Cameron.
I-I had them handcuffed.
Tell me about this clemency request.
Well, it looks like the governor is willing to pardon me at the end of his term.
In 18 months.
Okay.
That's good, right? We'll get you treatment.
You'll come home.
We'll get through this.
You don't have 18 months.
(SOBS) (CRYING SOFTLY) - When were you planning on telling me? - Sadie Just answer the question.
After the Brennan trial.
My mother is dying.
She's dying.
What gave you the right to keep that from me? It wasn't my right It's Carolyn's.
And she didn't give me permission.
Are you really invoking - attorney-client privilege right now? - Yes, I am.
Oh, I guess it didn't apply when you told Isaiah.
She needed my help with the executive clemency thing.
My mother wouldn't have needed clemency if Cameron had disclosed her illness at the parole hearing.
(SIGHS) She told me you knew before the hearing.
She would be home right now if it weren't for you.
That's not fair.
Sadie.
We spent the night in a motel room in Allentown, Pennsylvania, talking about boys, when you knew my mother was sick.
TANYA: Sadie.
- What? - Albert called.
The judge needs you both at the courthouse.
NICK: You got a minute? There was a fight in the yard, and Johnny was sent to the infirmary.
He was pretty banged up.
A guy in his gang told me that he needed to get to him, see if Johnny was okay, and talk about getting their stories straight.
I had a couple of guards who helped me get things in and out.
I asked 'em to take an early break that night.
The next morning, they found Johnny.
He was dead.
Apparently his gang was worried that he was gonna snitch on a rival gang, which would've started a war.
And everybody knew Johnny had a big mouth.
His buddy smothered him with a pillow.
(EXHALES) I didn't know.
I really didn't know they were gonna do it.
And the investigation? Nobody talked.
The prison called it a heart attack.
Case closed.
If this comes up during character and fitness - It won't.
- If it does lie.
You could fail, Nick, and you won't be admitted to the bar.
You were right, you know.
The lying and cheating and moral depravity, as you so colorfully called it, it didn't stop all at once.
But it did stop.
When I found a purpose.
When I found law.
I think the rule of law is a beautiful thing.
And I remade myself, piece by piece.
I'm not the man I was.
I don't cheat, I don't steal, and I don't lie.
One more lie.
If they ask.
Please.
Hey.
What's going on? No verdict yet.
The jury had a note.
Good note or bad note? They wanted a portion of Russo's testimony read back to them.
The part about the Windsong donation.
Good note.
The jury asking about Russo means our story about corruption in the D.
A.
's office landed.
How's your mom? I don't know.
Bad, I think.
I should be doing something.
Like murdering Cam and Isaiah.
That would put me in a difficult position.
You wouldn't defend me? I'd be a little conflicted.
The EEG at the top displays normal brain activity, but.
Alison's brain tries to wake up from slow-wave sleep.
That's what you're seeing in the EEG at the bottom.
This is from a session I did with Alison about three months ago.
When this happens, Alison's brain gets stuck between - a sleep state and a wake state.
- And this is rare? Non-REM parasomnia, or what is often referred to as sleepwalking That is more common.
But Alison also suffers from.
REM sleep parasomnia, which is rare and can cause a person to act out vivid and often violent dreams.
- Is it possible to fake an EEG? - No.
In your professional opinion, was Alison Thorne asleep when she went to Brenda Bowman's house? Yes.
Where is the EEG of Ms.
Thorne's brainwaves while she was driving to the decedent's house that night? Obviously we don't have that.
Well, do you have any EEG of any patient ever who was sleeping while driving a car? No.
But I have seen patients sound asleep who have cooked a meal, played an instrument, even painted a fence.
Because their brains know how to do all of those things.
So, it is possible to imagine a person driving a car sound asleep.
I didn't ask if you could imagine it.
I asked, have you ever seen it? No.
Nothing further.
How many times have we been here? I've lost count.
Remember that jury that came back and wanted to know which box to check if they wanted to convict for both first degree murder and manslaughter? Obviously, we thought we'd lost.
And then they acquitted.
You just never know.
My mom's gonna die in prison.
Isaiah and Cam knew and didn't tell me.
I've been feeling so betrayed, and then I realized that's exactly what I did to you.
It's not the same thing.
You found out about Billy after everyone else knew.
Sadie, I know this feels like a betrayal, and it may be, but being mad doesn't last forever.
So just wait until it dies down, and talk to 'em.
It's gonna be a long wait.
- The jury has another question.
- SADIE: Good question or bad question? Depends which side you're on.
They want to know if they can have a tape measure.
- For what? - They want to measure out 30 feet.
Because that's the distance Amy's body was from where was Billy standing outside the fence.
I would call that a bad question.
The first time it happened, Alison was nine.
I found her in the laundry room, in the middle of the night.
She was pouring soap in the dryer.
I thought it was funny at the time, but the second time, it wasn't so funny.
What happened the next time? A few months later, she dove headfirst off the kitchen table.
When she woke up, she said she'd dreamt she could fly.
That was scary.
CAMERON: Did the sleepwalking stop? It got worse.
We had to put locks - on everything.
- Did you install a camera? Yes.
Your Honor, I'd like to play a video from when Alison was a teenager.
(GLASS CLINKING) (SCREAMING, GRUNTING) (SCREAMING AND GRUNTING CONTINUES, BLOWS LANDING) What was Alison doing? She told us she dreamt the house was on fire, and that monsters were blocking the water bottles.
She was trying to get the water in the fridge so she could put the fire out.
No further questions.
Brenda and Alison were friends for a long time.
They must have had some disagreements.
All friendships have their bumps in the road.
You know, back in high school, Brenda was prom queen.
All the boys they they wanted to date her.
- Yes.
- Brenda's family was - extremely wealthy.
- I know you're trying to say that Alison was jealous of Brenda, but it wasn't like that.
How about after high school? Alison and Brenda they were - college roommates? - Yes.
They had a physical altercation where the result was the university putting them in separate dorms.
- They were 19.
- The university reported that the fight was over another friend that Brenda had made.
Alison got upset - and pushed Brenda to the ground.
- They'd been drinking.
No feelings of ill-will after that? Like I said, normal ups and downs.
I wouldn't call bludgeoning my best friend with a hammer "normal," but that's just me.
Nothing further.
We don't know what it means.
It means they think I was lying.
These kinds of questions are very common during deliberation.
There's no way of getting inside the jury's head.
It could be one person stuck on your testimony.
- I never should've taken the stand.
- We're done with that, Billy.
We've moved on.
Now we wait.
- Well, did they ask anything else? - Yes.
They wanted a portion of Grace Russo's testimony - read back to them.
- That's good, right? It's very good.
Well, maybe you could've led with that.
Right.
I'm sorry.
My head's just spinning right now.
What's her exact diagnosis? Stage 3 pancreatic cancer.
Will you get me the file? There's a jury literally deciding your fate right now.
The last thing you need to worry about is my mom.
I'd welcome the distraction.
If there's any way I can help your mom, I will.
All right? You got to let me try.
(HORNS HONKING) You nervous, too? Is it that obvious? We have the same knee.
I just hope my past doesn't come back to haunt me.
What'd you do? I don't usually talk about it.
I understand.
When I was in college, I got arrested.
Oh Really, you don't have to tell me if you don't No, it feels good to get it out.
I've had it bottled up for so long.
What was the charge? Urinating in public.
What'd you do? I spent six years in prison for fraud.
Good luck with that.
(DOOR OPENS) MAN: Okay, Nick Brady, you're up.
CAMERON: What do you remember about that night? Not a lot.
I went to bed, and I was dreaming that Brenda needed help.
There was some sort of creature in her bedroom.
She was begging me to go over there and kill it.
Next thing I know, I'm walking into her bedroom, and I see the creature.
It told me to go away.
I I walked over to the bed, and I started hitting it.
The next thing I know, I I woke up in the parking lot, covered in blood.
- What did you do? - I went straight to the police station.
I told them that I thought I might have hurt someone.
So you didn't try to flee or deny what you had done? No.
The minute I woke up and saw what happened, I went directly there.
ARRINGTON: Brenda's family was wealthy, but she was successful in her own right.
- Yes.
- You've had trouble holding down a job.
In fact, you've had three different jobs over the last five years, while Brenda was getting promoted to vice president at her company.
Well, she was very smart.
She was more than smart.
She was everything you're not.
- Objection.
- Sustained.
Brenda was married.
You've never held a relationship more than seven months.
I told you about the sleepwalking thing.
It makes it kind of hard to keep a relationship.
It also makes it hard to maintain a friendship.
Objection.
Argumentative.
Sustained.
You and Brenda had a falling out.
We drifted apart a little bit, but we were still friends.
Cell phone records from the four months prior to Brenda's death.
She didn't call you once.
You called her 74 times.
We were just trying to find a time to get together.
Brenda wasn't.
All your calls went straight to voice mail.
Must have been pretty painful seeing her pulling away from you.
She wasn't pulling away from me.
Sometimes friends go through ups and downs.
- You were jealous of her.
- Isn't that normal? Isn't it normal to be a little bit jealous of other people sometimes? We used to always joke that Brenda had this white light around her, and I had dark thunder clouds surrounding me, but it was a joke.
Even if I did resent her, I never showed it.
So you did resent her? Well, I guess I would be lying if I said I didn't, but I would never kill her.
Yet it appears you did.
You just sat in the lobby? - Yup.
- All day? - And the next day.
- Without an appointment? And Isaiah Roth hired you? If he hadn't, I'd still be in that lobby.
You know that's trespassing? (LAUGHS) You should see your face.
I'll tell I'll tell you what.
Hey, you knew what you wanted, and you went and got it.
You should be proud.
I am.
Thank you.
Uh, we do have one final matter to discuss.
We received a letter from a fellow inmate of yours at Otisville.
A, uh, weird name.
Um "Arthur Camston.
" You just represented him.
He raises some allegations, and we just wanted to hear your side of the story.
So, let's talk about Johnny Lozito.
Alison Thorne viciously beat the life out of Brenda Bowman.
With a hammer.
This was a brutal, ugly, passionate crime.
A bloody explosion of an entire lifetime of resentment.
Brenda was always the popular one.
Always the smart one.
Brenda got the good job.
She had the amazing husband and home.
"You can't just ignore my calls.
"I was your best friend! "I was always there for you! "Me.
Not him.
Me.
And I will not be thrown away!" (SNIFFS) Wow.
If they gave Emmys for summations, that would totally get my vote.
But this isn't a soap opera.
It's a trial.
In here, we rely on evidence.
Where is the evidence to support A.
D.
A.
Arrington's theory? There is none.
Here's what there is.
A serious, persistent, lifelong illness that leads to precisely the kinds of horrible things that happened here.
To believe the prosecution's story, you have to ignore the science, believe that Alison faked EEGs and started planning this crime when she was only nine years old.
To be guilty of this crime, Alison had to have had the specific intent to kill Brenda.
That's why.
A.
D.
A.
Arrington put on this ludicrous melodrama we've all just watched.
Because if Alison was awake and jealous, she had the intent.
But she was asleep.
And if she was asleep, she's not guilty.
JUDGE MENDOZA: It seems we have a hung jury.
What's the vote? 11 to one.
- Wow.
- So how would you like to proceed? (SIGHS) We'd like to confer with our client.
So, it's 11 to one to acquit, or 11 to one to convict? They don't give us that information.
Well, it's either really good or really bad.
And now we have a choice.
If we think there's 11 to convict, we argue for a mistrial.
But that means doing this entire thing all over again.
Won't make the mistake of testifying again.
True, but then we lose the element of surprise in getting Gail Meyers and Grace Russo on the stand.
Russo will be old news by the time a new trial rolls around.
So, what if it's 11 to one to acquit? Then we ask Judge Mendoza to instruct the jury to keep deliberating until they reach - a unanimous verdict.
- That's like playing Russian roulette, only with one bullet in the chamber or 11.
I think it's one bullet.
- You do? - I think we have the other 11 on our side.
It's been less than 24 hours.
There's no way 11 people voted for murder one that fast.
I can't imagine we've only reached one of them.
Albert? - I'm stuck on their last question.
- You said it didn't mean anything.
I said it didn't necessarily mean anything.
(SIGHS) Just ask yourself, if you were on the jury, did we win this case? Yes.
Let's push for a verdict.
You sure? We won this case.
Let's roll the dice.
Deadlocked 11 to one, and you push for a verdict? The safe play would have been to argue for a mistrial.
Regroup.
Odds of a conviction always drop with a new trial.
But you already knew that.
You taught us to go with our gut.
So you feel good about it? Well, this conversation isn't inspiring confidence.
I didn't come in here to rattle you.
I came in here to tell you that you have every right to be angry with me.
But I was only trying to protect you.
You were in the middle of the biggest case of your life, defending a man you love.
I decided you didn't need to know.
And given the chance, I would do it again.
I didn't need to know? Please forgive me.
(SCOFFS) Ever since the parole hearing, I have been furious with her.
So I stopped calling, and I stopped visiting.
This week I didn't visit.
This week, I didn't visit.
This week, I didn't visit.
This week All this time, I could have been with her, helping her through this, but you didn't think I needed to know.
So if you could figure out a way for me to get back all of those weeks and days and hours and minutes, well, maybe then I'll forgive you.
JURY FOREMAN: In the matter of People v.
Alison Thorne on the charge of murder in the second degree, we find the defendant not guilty.
(SIGHS) Thank you for believing me.
- Congratulations.
- Thank you.
Thank you.
Did you just see that? See what? Nothing.
Never mind.
No verdict yet.
You tried your best - To bury in the ground - (SIGHS) Did we make the right decision? Is that what you're up here doing? Second-guessing every move? What else is there to do? - Drink.
- Way ahead of you.
- I need to tell you something.
- The walls you built - Aren't you gonna sit? - Are crumbling down That's Isaiah's chair.
Sit.
Haunted by the shadows all around (GRUNTS) You want one? I'm good.
And yeah - This feels weird.
- What? Me and you up here together.
It's not us.
This is you and Isaiah.
- Could be us.
- The scars are more painful - We're the future of this firm, Albert.
- Than you'll know - Sadie.
- Don't tell me you can't picture us 30 years from now, sitting up here, waiting on a verdict, second-guessing every move.
We're a team.
The ghosts in your heart are alive You're my partner, and I love you.
I love you, too.
- That's why you can't leave.
- Spread the ashes of your father If your angst has survived I signed a lease today.
Then you're only treading water.
.
I'm starting my own firm.
You feel like you can never get it right (SIGHS) - Sticks and stones - I was wrong.
You can't lie, you have to tell the truth.
- Tiffany - She got away with it.
Our client was lying to us the whole time, and she killed - her best friend.
- Hold on, what are you talking about? Her sleepwalking disorder, she used it, Alison and the guy, her husband, and, I mean, we helped them get away with it, Nick.
I mean, I'm a grown-up, I get that this what we do, but then to help them get away with this? And then I-I told you to lie.
You-You can't.
We can't because then that makes us as bad as the bad guys and we're the good guys, so please, just tell the truth.
- Tiffany - When you get in there, just lay all of your cards out on the table because you are good.
You are good, Nick.
Otherwise this lie will eat you up and Tiffany, I already had the interview.
Oh.
Okay, well and? He asked me.
Spread the ashes I told the truth.
Oh, God, of course.
Oh, of course you did! Of course you did.
Um, so, h-how-how do you feel? I feel great.
I feel free.
Cause you're only treading water.
(DOOR CLOSES) Hey.
Hey, you missed the coat rack there.
Got drunk on a rooftop.
Sounds like a bad country song.
Or an awesome country song.
(CHUCKLES) My mom's file? - Yeah.
- (SIGHS) Can you give me the good news first? Or maybe just lie to me for a little while.
The truth's really been kicking my ass lately.
I'm sorry.
- It's bad? - Yeah.
So we only have 18 months? Probably less.
I should've kept drinking on that rooftop.
And spend our last night together apart? Don't even joke about that.
I'm kidding.
(SIGHS) The hole in the floorboards I'm losing my mom.
I'm losing Albert.
The moon was gone I don't have anybody else in my life that I trust.
Dark as nightmares You're all I have.
You took all my fears I can't lose you.
You wrapped them in wonders But there's no magic Inside the moon, it's just I got us a couple beers.
I thought we'd keep you away from the tequila tonight.
What if we break up? - When? - Someday.
I don't even know how to answer that.
I mean it.
What if we break up, and you look back and regret letting this job slip away because of me? I'm in this relationship because I plan on building a life with you.
Okay.
Let's say we stay together, and everything seems great, then one day it just appears.
- What appears? - Resentment.
Where is this coming from? Think about it.
Five years from now, maybe ten, you're gonna look back and realize you could've been District Attorney of New York City.
That's how resentment works.
It just starts and you can't stop it.
Even if you don't think you're resenting the person, you end up bludgeoning them with a hammer.
I promise I'll never bludgeon you with a hammer.
I know I'm not the kind You would make a great D.
A.
, Peter.
I agree.
I was backing away from a fight, you were right.
I do want to be the D.
A.
So are you saying you want to break up? Cam Okay, see this guy over here? He's a paralegal in our office.
He's also a huge gossip.
Phil! Hey, man, how you doing? Phil's probably already tweeted a picture of that kiss.
Now, I hope I don't have to choose between the job and my relationship.
But if I do, it's you.
I told you, I'd always choose you.
I meant it.
Okay.
Ooh, ooh (PHONE CHIMES) Ooh, ooh Ooh.
The jury's reached a verdict.