All Rise (2019) s01e13 Episode Script
What the Bailif Saw
1 Previously on "All Rise" We finally have a judge who's fair.
I don't know what I'd do if we didn't have her.
I was wondering if Ms.
Kansky was gonna drop by.
He likes you! I don't do cheer during work hours.
If I have questions about gaining another perspective, - might that be all right? - Yes.
It might be weird, us showing up together.
Two weeks ago, you kissed me in front of all your friends.
But not the whole courthouse.
I haven't tried a murder case in a while.
So? You're the best lawyer I know, Amy.
Best lawyer in L.
A.
is my son, and he chooses not to represent me.
Take responsibility for your situation.
I didn't do anything.
I don't believe you.
Ya, ya, sepáranse.
Sepáranse.
Be with you in a minute, Ms.
Lopez! Mike, good job.
Let's go! Game on! Hey.
They're all gang members, FDS? - Yeah.
- And you're the coach? You kidding? No, I organize the games, bring the equipment, cold drinks.
Gives me a chance to show 'em there's more to life besides colors and territories, you know? - That's amazing, Alex.
- Hard to believe, right? Pssh.
Come a long way.
Yeah, I'm done with that life, Ms.
Lopez.
I've got a job.
I'm a peace ambassador now.
Anyone wants to step back from the life, organizing things like this helps them know where to find me.
I'm proud of you.
There's a kid I want you to meet.
He was in FDS, but he's out now.
He's trying.
He's a good kid.
I can't be his lawyer.
Alex, they have to assign me.
- I'm a P.
D.
- He just has some questions, that's it.
- What kind of questions? - If something is a crime or isn't.
A specific thing.
I'll let him tell you about it.
- Which one is he? - He's not here.
He's back at my place.
It's not far.
You need to hurry.
Construction at LAX is a nightmare.
Reading for the plane.
It's a red eye, Sherri.
I am going to be sleeping.
Also, your puffy.
They have winter in Washington.
I'm flying to D.
C.
to talk to my husband.
- Can you believe that? - Also have drinks.
And have drinks with his people, but really just to talk.
You spend all your time texting and on Skype.
You can't have an actual conversation.
So I'm flying to D.
C.
Is he getting a job? Is that why you need to talk? The FBI want him to stay, make it permanent? Don't know.
We don't know.
Please don't move to Washington.
I just got used to you, and you have so much more to learn.
I love D.
C.
Oh, the culture and the politics, the people from all over the world, the same city that has got the Supreme Court, the Museum of African American History, Howard University, H.
U.
! My alma mater.
It's the best place on earth.
Don't forget your reading.
Research and case law for upcoming motions.
200 pages.
Each way.
I hate it when the judge leaves town.
I gotta sit around in holding instead of basking up here in the bright light of justice.
The bar exam's next month.
- Have you applied for clerk positions? - Not yet.
Have you decided which team you're joining - Prosecution or defense? - Not yet.
So you have plenty to do.
Now go away.
There you are.
Good.
Detective Harris, what can I do for you? - You could call me Kevin.
- Eventually, maybe.
Not today.
- So listen - You want to ask me to dinner.
It's been coming for a while.
I've been observing the signs.
Go ahead.
I've actually just been called to a murder literally 30 seconds ago.
As I'm sure you're aware, the first 24 hours of murders are crucial.
I need to focus.
Also, it could jinx the date.
So I should solve the murder, and then I'll come back and Okay? I've gotta go.
I still intend to ask you to Understood.
I moved us out of the neighborhood.
He's in 12th grade.
He got a job.
He just turned 18.
He's a good boy.
He hates it when I say that.
- We're talking about tattoo removal.
- That's great.
Diego, you talk to Ms.
Lopez.
Uh, before you do, Ms.
Fondo, Maria, you, Diego, you both need to know that I am not his lawyer.
Me dijistes que ella era una abogada.
SÃ, soy abogada, pero no del Diego.
El tendrÃa que ser Diego, I get assigned my cases at arraignment, not before.
It's just the way the system The point is that anything you say to me is not covered under attorney-client privilege.
Do you understand? You didn't tell her? Tell me what? The police are looking for Diego.
They came to the house.
I told 'em I didn't know where he was.
He's a suspect? I thought you said - I thought he had questions.
- He's innocent.
He was with me the night of the murder.
- The murder? - Ms.
Lopez, please.
You need to understand that he had nothing to do Stop talking.
The kids from a rival gang, they shot him, - but Diego wasn't there.
- Stop talking now.
Diego, listen to me.
Diego.
If the police are showing up at your house, they're not going away.
You can be a fugitive for the rest of your life, or you can surrender.
That's what I told him, but he needs a lawyer.
If he surrenders, he will be assigned a lawyer, either me or someone else.
It has to be you.
You care, Ms.
Lopez.
You don't just see the tattoos.
You see past them.
If you go in, you do not answer any questions.
You say nothing.
Nothing.
Do you understand? Good.
I will try my best to be there for you tomorrow, but right now I have to go.
I have to go.
He's innocent, Ms.
Lopez.
Sorry I'm late.
A car was literally burning on the 101.
- There were flames.
- Brought you a quinoa quiche from the vegan place around the corner.
Thanks.
I've had this quiche.
- Not good, huh? - Let's go.
We can talk upstairs.
What's going on? Why'd you want to see me? - Let's talk upstairs.
- I have to get to work.
You really want to do this in the lobby? Okay.
I got some new discovery last night.
The police recovered a gun in your father's home.
Ballistics? Matched.
It's the murder weapon.
What's Vic saying? He denying it's his? - That's privileged.
- Privileged.
Don't leap to any conclusions.
It doesn't mean Doesn't mean he killed her.
You know how this works.
It's one piece of the puzzle.
- And anyway - I got to, uh I'll call you.
Mark.
I think I can get it excluded.
Don't panic.
There's my baby.
There's my baby.
- Hi, baby! - Hey.
Ha ha ha! Mmm! Mmm! Whoa! Get inside.
It is freezing.
This? This is balmy.
You can take the man out of California.
You got jokes.
Ooh, I didn't read a single page.
Sherri is gonna be so mad at me.
So, this thing tonight This drinks thing.
Mm-hmm.
They're looking forward to meeting you.
My temp duty is going well.
People like me, apparently.
Can you please just cut to the chase? Deputy Assistant Director of the Criminal Investigative Division.
- I'm getting an offer.
- When? - Soon.
- Ah! Congratulations, baby.
I'm so proud of you.
It's your dream job.
I know I was only supposed to be here for a couple of months.
Wait.
How long is the We won't know until they make the offer.
But once they do, I'll pitch working part-time in L.
A.
, part-time in D.
C.
Does the FBI let people do that? Not usually, but I'm sure I could swing it.
- I can be pretty convincing.
- Yeah, you can.
We're gonna talk about it.
We're gonna think it through.
Nothing's been decided yet, but right now I have to go in.
I can't believe you're going to work.
I'm only here for 16 hours.
I know.
I'm sorry.
We're discussing my memo today.
But I'll be home early, I promise.
Diego's practically still a kid, but he's covered in tats, face tattoos, which the cops don't love, obviously.
- Not all gang members are violent.
- I know.
I know boys who got into gangs because their father, brother, cousin were in them, and And they were expected to join.
I know.
But no one seems to bother to ask why these gangs exist in the first place.
It just makes me crazy.
I am gonna do everything I can to help Diego.
I know.
I just Sensitive subject.
No.
I get it.
I get it.
I completely get it.
Oh! I bought I ordered an espresso machine for the house.
Oh, okay.
Wh-Why? Because double boiler, because internal reservoir, because built-in burr grinder? It's a housewarming gift for us.
We deserve it.
- Oh.
- Emily Lopez.
- Thomas.
- Greetings.
This is the P.
D.
I told you about.
She's Diego Fondo's lawyer.
Peter Diaz.
He's with the Hardcore Gang Unit.
Ms.
Lopez, looking forward to it.
Me, too.
Diaz? The D.
A.
's bringing out the big guns.
Your guns are bigger.
Oh.
There's your boyfriend.
Maria! Wait.
I'll text you.
Okay.
Bye.
Good luck.
Okay.
Hi.
Sorry.
I have to - Hi-bye.
It's okay.
- Okay.
Bye-bye.
Good news.
I have been appointed Diego's lawyer.
Called in a favor.
It's this way.
- Come on.
- Okay.
The judge we get for trial will be different.
This one is just for the arraignment.
I'm gonna enter a "not guilty" plea.
Maria, it's gonna take about 15 seconds, and they're gonna take Diego back again.
Can I talk to him? I'm sorry.
No.
And you can't wave, either.
Communication of any kind is a misdemeanor, and the bailiff will escort you out, okay? - Is he all right? - He's fine.
He's gonna be overwhelmed.
Just seeing you will make it better, and we can arrange a visit later.
Oh, my God.
Oh, come on.
Shackles? Really? I'm just here to prosecute the case.
Talk to the sheriff.
Get out there and take a seat.
Okay.
So I'm your lawyer.
You all right? Okay, we're gonna enter a "not guilty" plea, and then we're gonna meet, and you're gonna tell me the whole story, okay? Ms.
Lopez! Amended complaint.
I'm attaching a gang enhancement PC 186.
22.
- My client has an alibi.
- The alibi's false.
Also, he left the gang.
He moved out of the neighborhood.
He has a part-time job, a "B" -plus average.
The alibi is false.
I've got video footage of your client getting into the same car that was identified at the scene.
We pinged his cellphone.
He was there.
You'll get all the evidence shortly, but I'm sorry, Ms.
Lopez.
Your client is guilty of murder.
Calling the matter of People v.
Diego Fondo, in the charge of murder.
Emily Lopez for the defendant.
Got a minute? - This is my investigator Carly.
- Hey.
- Can we talk? - Sure.
Have a seat.
I'm gonna talk to you about the gun, - and you're gonna listen.
- Okay.
The police got a warrant to search Vic's house, and the probable cause of that warrant Why are you dressed as a biker? Stakeout at a biker bar? I smell like beer.
- You got a problem with that? - No.
She likes to stay in character.
Just go with it.
So the warrant was based on a tip.
Vic had been bragging at the Shortstop that he had a gun, which got them probable cause.
- Which got them the warrant.
- The tip was bad.
Their informant wasn't at the Shortstop that night.
I talked to two different people who said they saw the dude in Venice at The Brig, drunk and under a table.
Tip was bad, Mark.
If I can quash the warrant, the gun is out.
Okay.
Can I go? - Yeah.
Call me later.
- Yeah.
I assume Vic's denying the gun was his.
- Privileged.
- Doesn't matter what Vic says.
I'm gonna get it thrown out.
I'm a prosecutor, Amy.
The gun is evidence.
You're also a son.
Who hates it when a murder weapon is thrown out on a technicality.
Amy, the gun was found in his house.
- No jury will ever know.
- I will.
Mark, I get that you're struggling with this, and I get why, but stay with me.
Your father is in his 60s and facing life in prison.
He has no friends.
No one has visited him, not one person.
All he has is you.
And you.
He's shutting down.
I'm losing him.
- Hey.
How's Diego? - Scared.
You want something to drink? No booze.
I got iced tea, Cokes? No.
Thank you.
Alex, you said that Diego was with you - the night of the killing.
- That's right.
Got some pretty compelling evidence from the prosecutor.
Diego got into a car.
They have that.
There were other guys in the car, but they can't be identified.
But the vehicle can be placed at the murder scene.
Yeah, well, they must have dropped 'em off on the way.
They placed Diego at the murder scene with his phone.
Alex, why don't you tell me the truth? Diego called me in a panic.
I told him to come over.
He did.
And he stayed with you? Did he say anything that night? Next day, and then I called you.
Alex, what the hell? - Why didn't you tell me? - I believed Diego that he didn't do anything, but I didn't think - That I would? - Anyone would.
The D.
A.
s office thinks they know how our communities work.
They don't.
The truth is Diego got out.
He got out.
His mom picked him up and moved him across town.
They left family, Maria's sisters, all the cousins Diego grew up with.
They're refugees in their own city.
And they can't go back, 'cause if they do, he might get targeted because there's some guys that don't want you to get out.
They did everything right, Ms.
Lopez.
He's hardly said a word to me.
He won't speak.
I can't get his side of the story.
- Diego shuts down.
- I'm his lawyer.
If he won't talk to me, I can't help him.
I need answers.
He trusts you.
- Sure, I guess.
- Which means I have to.
I need you to go in there with me and talk to Diego.
But if you do, it would void the attorney-client privilege.
So I've just hired you.
You're part of my defense team.
Prosecution always has a gang expert, so now you're mine.
You have a tie? Yeah.
Somewhere.
Look at me, Diego.
Come on.
You gotta tell me what happened, all of it.
She's gonna help you, D.
You can trust me with all of it.
I promise.
Got a call from Rascal.
Said to come to the corner, so I did.
Who's Rascal? Real name is Carlos.
He was there, and Chucky and Delito.
In the car? He said I had to come with them.
I didn't want to.
But you don't say no to these guys, if they found me, found my mother.
So we go up into the hills park, and they had a guy in the trunk.
I didn't know.
He He was bleeding, all tied up, taped up, and they put him on the ground, and he was he was crying.
And they had a gun.
And they took turns shooting him.
They shot him.
They killed him.
They Did you touch that weapon at all? - No, I I just stood there.
- Okay.
- I didn't know.
I - It's okay, Diego.
If I didn't go with them, they would've killed me.
That's how gangs get you Leverage.
They have this over him now.
They'll all say he did it.
The other guys in the car They're major Yeah, they're serious guys.
Diego, what you just told me has value.
The D.
A.
, the cops, they don't want you.
They want those other guys.
I think I can get you immunity in exchange for those names, maybe even a relocation for you and your mom.
But when this goes to trial, you'll have to testify.
It's our best chance.
I need you to think about it.
Where have you been? I've been working.
Been busy.
Amy's keeping me up to speed.
Oh, you've been busy.
Okay.
People around here never shut up.
All day long, yap, yap, yap.
- You have any news for me? - I'm not gonna talk about the case.
- I can't.
I told you why.
- It was not my gun, - Dad, stop talking.
Stop it.
- And I did not take I'm gonna leave in a minute.
You can talk to your lawyer.
I trust her.
So should you.
You can keep talking to her.
That's what I came here to tell you.
And also this.
You lie to yourself.
You always have.
You take these stories, and you convince yourself it's the truth.
You rewrite history, but you can't now.
You need to stop.
You need to be real.
That's why you came here.
You wanted to gloat.
You think I'm guilty.
Of course you do.
You hope that I did it.
You've been waiting for this.
You look down at me so you can start feeling better about yourself.
- You smug little piece - We should move on.
You were never there for me, ever, not ever.
You love this.
You love that I'm here.
It's your dream come true, but you know what the truth is? You're weak.
You've always been weak, hiding behind your mother, behind your big job.
Sure, Dad.
Hey, this is a nice place you got.
You decorate it yourself? God help me, I'd like to give you a crack right now.
You'd never get up.
All right, listen.
Why don't you get him outta here? - Mark? - Huh? Get rid of him! Come on, Mark, let's go.
All right, all right, all right! You okay? Yeah.
Are you? That's the man I grew up with.
He's scared.
He's just lashing out.
That's the real Vic.
Now you met him.
If it were up to me, the gun would stay in.
Because if Vic did it, then he deserves to pay.
There you are.
So I should warn you, Lola, your advance press is stellar.
Robin talks about you all the time.
- I do.
It's true.
- He'd better.
It sounds like you're making a real impact on the bench.
Now, I've reading up on some of your cases, the transcripts.
- Really? - Well, I was just curious.
I practiced for four years, so But that TV star trial That was something.
Hayley Halliwell.
It's very sad.
Yeah, and that business with ICE? That showed real courage.
Oh! There's Chris Foley.
Uh, Chris! You gotta meet Foley.
It's a rite of passage.
I'll be right back.
That got on our radar, too.
The ICE thing That was bold.
- And you're with? - D.
O.
J.
Special Advisor to the Principal Deputy Associate Attorney General.
- Oh.
- Also an attorney.
I'm on staff.
Something like that happens, especially - I think you were on the job two weeks? - Mm, more or less.
People pay attention.
You're on our radar now, Judge Carmichael.
It's 9:30.
We should get our coats.
Oh.
I am so sorry.
I have a flight.
- Jeni, it was a pleasure.
- Such a pleasure.
Good night.
What was that about? What did he say to you? I'll tell you outside.
"Chickee" in a Prius, three minutes.
Okay, talk fast.
Okay, so the guy that I just met Chris Foley? He let it slip.
I'm getting an offer on Monday.
- So it's real? - It's real.
I'm sorry that we didn't get more time.
- It's okay.
- I I got sucked into Robin, I get it.
So a one-year assignment, and how long to make a decision? Couple of days, maybe a week? And did you ask about a bicoastal option? Not yet.
It's gonna be a timing thing.
I gotta get a couple more people on board before I do the official ask.
Well, we'll keep talking, then decide.
In my head, you were coming home soon, and the thought of all of those flights and phone calls and Skype, I just - I have to recalibrate.
- It's not a done deal yet.
It's an incredible opportunity.
And there's Chickee.
Okay, text me everything, - all the time.
- I will.
I love you.
I love you.
I'm proud of you.
Alex.
What did you tell him? My phone's lighting up.
The cops are making arrests.
They got the other three guys.
- Slow down.
- The guys in the car.
The guys Diego told us about.
- Wait a second.
- Did you make a deal? No.
No, not yet.
- You told them? - No, Alex.
Diego's screwed.
We trusted you, and now he's got nothing, and Alex, I didn't.
Alex! What's going on? Em? What the hell? The police are making arrests.
- What? - How did they know who was in that car? How is that possible? How the hell did they know? Hello.
Robin? Are you there? - Oh, I think I lost you.
- I was just saying that this is more than a gesture.
This is serious change that we're talking about.
In the FBI, maybe 5% of special agents are African American.
- I know that.
I don't need a lecture.
- I know, I know.
Agents in the C.
I.
D Some of them have no idea about the communities that they're working in, what they're listening to, what they're looking at.
In this job, I can make sure they have the right support, the right context to really understand those communities, work to reset the FBI's relationship out there in the field.
I'll be working policy, hiring agents, mentoring agents.
I'll Can you get the FBI to stop calling them "inner cities"? Done.
I love you.
No, no, no.
Don't change the subject.
Have you asked them if you can do some of this save-the-world stuff out here in L.
A.
? - I'm working on it.
- Baby.
I know that they want me here on the seventh floor to start.
They said that they were open to it.
Meaning they said no.
Just to start, and then We'll keep talking, I know.
Oh, God.
One minute, I think I can do this, and the next - Me, too.
- Plus I'm sleep deprived, which doesn't help, which I guess I should get used to.
One year in this job, then I'm full-time back in L.
A.
I take over the office there.
That's the plan.
Mm-hmm.
Can I say it now? You can say it.
- I love you.
- I love you, too.
I gotta go.
- Call me later.
- Okay.
You can come in.
You're behind.
Your schedule's a mess.
But you can handle it.
You always do.
The police arrested the other gang members - that were in the car.
- They got tipped.
Maybe, but yeah, but no.
The timing is too weird, too close, too Those names are all I had to cut a deal with, - and the D.
A.
knew that.
- Well, maybe his mom talked.
No way.
That doesn't make any sense.
- You don't think - What? Do you know if the D.
A No, they wouldn't, right? Okay, you're gonna have to give me a little bit more - to go on.
- Forget it.
Maybe you can ask around back there in in in Sheriff's land? Ask what? If the meeting rooms at the courthouse are bugged? Callan.
- I'll see you later.
- What's up, Lopez? Have you heard anything about the arrests that were made on the FDS murder case? - No, what arrests? - Last night.
There's something weird.
This Peter Diaz' case? - Uh-huh.
- If he's charging someone, trust me, he's got a reason.
I'm just saying, there's no way the police got this info from anywhere else.
My client is the only person - You couldn't possibly know that.
- Just listen.
Why are you talking to me, Lopez? So you don't know if Diaz or the police interrogated my client without me, his lawyer, present? Lopez.
Good.
You're here.
I was just gonna call you.
Come on into my office.
Do you remember Peter? I do.
Yesterday you spoke to your client Diego Fondo? Present at that meeting was Alex Domingues? That conversation was recorded.
We used the recording as probable cause in multiple filings, - and we intend to use it as evidence.
- Wait a second.
- Paperwork is in process.
- And we wanted to give you a heads up - as a courtesy.
- That conversation was privileged.
The presence of Mr.
Domingues voided privilege.
Alex Domingues is part of my defense team.
- If you an objection - Objection? Even if the privilege doesn't extend, which it does, you put a bug in the courthouse in a client meeting room? Where there is no expectation of privacy.
You are gonna regret this, both of you.
Make your arguments in court, Ms.
Lopez.
We're done here.
Not your monkey, Callan.
Alex Domingues was not a third party.
Mr.
Domingues is an expert on L.
A.
gang culture who was hired to assist me in the preparation of Diego's defense.
You hired him.
Did you sign a contract? We had a verbal agreement.
Your Honor, without any witnesses to this agreement He accepted payment.
Obviously, I am aware of the third party rule, and I would never jeopardize my client.
If I thought for one second that the District Attorney's office would put surveillance equipment in courthouse meeting rooms, I Ms.
Lopez, take a breath.
Ms.
Kansky.
One moment.
What is happening in the gallery? It's the defense bar.
They're lawyers.
All of them? Word has gotten out the courthouse is bugged.
Trouble is brewing.
Okay.
All right.
I got this.
Your Honor, if I may, I would like to know how the bug came to be in the meeting room.
Fair question.
Mr.
Diaz? Your Honor, with respect, the focus of this emergency hearing is whether or not the privilege I'm all right with expanding the focus.
Let's talk about the bug.
The room had been employed in a previous Perkins operation in which an undercover posing as a prisoner obtained information from an actual prisoner in custody.
Standard law enforcement tool.
So you just accidentally left the mic on when I was meeting my client? People vs.
Jordan, 1990.
There is no guaranteed right to privacy in attorney conference rooms.
In a courthouse? This is a temple of justice.
It is a church.
Your Honor, the names obtained in this recording could have been used to get my client immunity.
There was no plea deal being discussed, Your Honor.
Mr.
Diaz knew that.
By stealing that leverage and making those arrests, he has put my client's life in mortal danger.
He has been moved to solitary to protect him.
Stay on point, Ms.
Lopez.
Diego Fondo is a soulful, vulnerable young man who was trying to escape gang life.
Your Honor, this is my field.
Gang members do not talk, ever.
It is extraordinarily difficult to get any traction.
These arrests will save lives.
The means we used to secure them were used in the interest of justice.
It's that simple.
Your Honor, if I could just I've heard enough.
I'll consider these arguments carefully.
Court is in recess.
So where were we? - You solved your murder.
- I did.
Already? The fact pattern matched a previous fact pattern from a cold case 10 years ago.
I have a personal database, old case files, articles, studies.
Research is big with me.
I like to be organized and thorough.
Anyway so, Ms.
Sherri Kansky, may I take you to dinner? I assume you heard about the bugging.
Only 3 times in the last 10 minutes.
Everyone is talking about it.
Not sure why no one's talking about the victim, - but anyway - What is your opinion? Of the bugging? Is this a test? If I get it right, you'll go out with me? - Mm-hmm.
- Okay.
Well, interesting.
I'm a cop.
I'm in favor.
If I said anything other than Perkins ops are an indispensable tool, you'd know I'm lying.
They're legal.
A little unusual to use in here, and I wouldn't do it myself, but - But? - Legal.
Mm.
Is that your final answer? Final answer.
I'll think about it.
If I were you, I would look at how Jordan, 1972, addressing prisoner-attorney communication, is frankly trumped by People v.
Jordan, no relation, 1990, regarding permissive monitoring of conference rooms.
You need to ponder at length.
Whoop.
I have a hearing.
Oh, good.
I mean - Walk with me.
- Really? Okay.
Two more crucial points.
You wouldn't be trying to influence my decision, would you? - I would not.
- Infect me with your old, conservative, white guy rationale.
Well, such as it is? Hey, look, you want to exclude the recording, alienate all of L.
A.
County law enforcement, set the course of justice back 25 years, that is your business.
But you are a referee here, and there are rules.
Carmichael! Judge Benner.
How is it that, once again, the entire courthouse is talking about your case? You have a talent.
Robin's about to get an offer.
A job offer in D.
C.
? Is he going to take it? I can't think about that right now.
Because you have a small, little prisoners' rights- attorney-client-privilege gang-murder question you need to think about instead.
It's a slow day.
The privilege piece is almost straightforward.
Third party voids privilege, but is a gang expert a member of the defense team or a witness you call to the stand? Then there's the sticky piece.
Sixth Amendment questions.
Surveillance creep.
It's everywhere.
Suddenly people are free to parachute into other people's lives and watch and listen anywhere.
Robin's colleagues knew a lot about me, my decisions.
They're not bugging your chambers, Carmichael.
Yet.
There was an open mic in a meeting room in this courthouse used for lawyers.
I'm sure as a prosecutor, you've used I obtained Perkins warrants for prisons and placed undercover informants in cells that we then bugged to get information, but never in the courthouse and not like this.
If it were up to me Are you really gonna finish that sentence, Lisa? The question is, how do I finish that sentence? Well, you don't have to rewrite the Constitution.
Not today.
- I found the mic.
- What? When? After we talked.
I went all Jason Bourne on the room.
Did you rip it out and throw it in the garbage? - Uh, no.
- Did you yell into it and tell whoever was listening where they could put their Seriously, Luke, you don't actually think - that should be allowed to - The law's pretty clear.
Oh, actually, it's not.
It's not a Perkins.
- A Perkins is targeted.
- There's precedent.
Luke, you're gonna be a lawyer.
This isn't just a theoretical argument.
- You're gonna have to - We don't have to talk about it.
- Yeah, we do.
- Yeah, you do.
Let me know how it ends.
I'm like this weird bailiff- almost lawyer hybrid species, foot in both worlds.
That's a copout.
What do you actually believe? - That is a trick question.
- Another copout.
Why, because I'm not exactly sure how I feel about something, or because I might not agree with you? I'm not a defense attorney, Em.
I don't have to convince myself of things the way you do.
Wow.
That's That's not what I meant.
No.
I have to go.
We're not kissing in public right now, right? So I'm not making a statement.
I'm just walking away.
Hmm, let me guess.
Fashion shoot? Clubbing, West Hollywood.
I'm gonna get drunk.
It's Carly's process.
Just go with it.
Mark, your father was framed.
What? Carly's been busy.
Tell him.
So the Armenians, they wanted Addison Farwell dead.
- She was ripping them off.
- She was running one of their card games, and while her clients, which were their clients, were playing poker all night, oh, my God, her guys were literally robbing them blind Their houses, I mean.
- It's pretty ballsy, right? - And when the Armenians found out, - Addison had to go.
- Meanwhile, Vic Callan's running his own little game on their turf, which is a big no-no.
So they kill Addison and frame Vic.
Two birds, one stone.
- The argument he had with Addison? - Motive.
- The bragging about the gun? - Probable cause.
- The murder weapon in Vic's house.
- Planted.
And it worked.
The cops bit down hard.
He was framed, Mark.
Two birds, one stone.
That's my defense.
- And you can prove this? - Maybe.
Probably.
Motion to traverse tomorrow.
You should come.
Let's go.
You need to party.
Yeah.
It comes down to this.
Your father has a temper.
He is a piece of work for sure.
But is he capable of murder? Do you really believe that, Mark? I have a motion to prepare.
And the worst part is everyone has an opinion.
They all think they know how I'm gonna rule.
I'm the creative judge, the defense-friendly, - anti-law enforcement - How are you gonna rule? If I knew, I wouldn't tell you.
I know kids like Diego, that neighborhood Single parent, no money They have to make a choice way too early how they're gonna survive, and when they come here to this building, the deck is already stacked against them everywhere else.
- It can't be here.
- And yet? And yet yes, exactly.
These gangs.
If we are going to deal with them, we have to be bold.
No snitching means we need tools.
- Can I give you some advice? - Can I stop you? Forget what people expect of you.
Forget how people think Lola Carmichael should look at a problem.
Focus on the law.
Focus on the arguments.
I'm gonna focus on the accused, who sit in these rooms and talk to their lawyers in good faith, and I'm gonna focus on the communities being victimized, and actually, I'm gonna focus on the victim.
A young man was killed.
Okay.
All right.
Changing the subject, - I've been thinking about you and Vic.
- And? - I think you're missing the entire point.
- Really? I don't think it's about the murder.
Not for you.
I think you are putting Vic on trial for your entire crappy childhood, and guess what.
He is never, ever, ever not going to be guilty.
How long have you been holding that one back? Ooh, too long.
Better late than never.
You should be thinking about your case, not me and Vic.
I can do both.
Ohh, Sherri, what is it? Hey, Your Honor, you got a minute? - Is everything okay? - Yeah.
Uh, Your Honor, I know you can't This is nothing ex parte.
I just want to I need to say something.
Okay, so, um, where I grew up, the neighborhood, Lynwood, it was full of hardworking people Families.
It was amazing.
But there were gangs there, too.
- Sara.
- Just part of the fabric of But not everyone is a gang member, and not all gangs gang members are criminal.
They run businesses.
They raise incredible families.
They contribute to the community.
They just need a place to belong, that's it.
But they all get targeted.
Sara, I need you to stop.
People use them.
They use these These boys, these men, some of whom are my family.
They are used by As a political platform to get sheriffs elected, to get D.
A.
s elected, to raise funds for police rather than for social services.
Now, I know it's hard to get the truth.
Out there is so much noise.
But in this building in 802, you have inspired us all by leveling the playing field.
Now they are trying to change that by putting microphones into our I have to stop you now.
But I hear you.
Thank you, Your Honor.
Detective, when you obtained your bogus warrant - to search my client's house - Objection.
Argumentative.
No, it isn't.
Overruled.
The sole basis for your warrant was a statement made by your informant Mr.
Torley that on December 3rd at 9 p.
m.
, at the Shortstop bar in Echo Park, he overheard my client brag about having a .
357 Magnum at his house, which he'd use to, quote, take care of business.
Correct, and I would add that the defendant was known to police.
For playing cards, not murder.
So, Detective, you had no idea the informant was lying? - Objection.
- Overruled.
Sit down.
Look, we took the statement in good faith.
In good faith, of course.
So you were unaware that, on the night in question, your informant was nowhere near the Shortstop.
He was lying in a puddle of his own vomit on Abbot Kinney.
Your Honor, even if this were true, the "good faith" exception applies.
Actually, it doesn't, Your Honor.
I'm gonna establish why.
- Sit down, Mr.
Koch.
- Detective, at any point, did you run Mr.
Torley - through your own system? - No.
- So you didn't see an L.
A.
P.
D.
- 647 citation for public intoxication in Venice, 16 miles from the Shortstop.
- No, I did not.
- Nothing further, Your Honor.
Mr.
Koch, rebuttal? I Ahem.
No, Your Honor, I'm good.
I've heard enough.
The witness may step down.
The gun is excluded.
If I were you, I'd start thinking about a deal.
All rise.
I hit the red line the other day.
Apologies.
Yeah.
Me, too.
I don't like the way you've lived your life or the things you've done.
You don't like mine for whatever reason.
We could trade punches on that for the next 10 years.
Probably will.
But I don't think you're a murderer, Dad.
Courthouse meeting rooms should not be bugged.
For the record, I want to state clearly and without ambiguity, I personally believe defendants' Sixth Amendment rights should apply.
This is a courthouse, not a prison.
It is special.
I find the defense's argument that Mr.
Domingues' presence did not void attorney-client privilege to be compelling.
However, I am not convinced that Mr.
Domingues was a part of the defense team.
An ex-gang member hired as an expert at the 11th hour to preserve privilege, while creative, does not meet the standards established by precedent.
Further, the circumstances by which this evidence, these names, were obtained does not invalidate its probative value.
Law enforcement must be given the leeway to do its job, to seek justice on behalf of the victim, a young man whose life was violently taken away Lucas Montez.
The motion is denied.
The recordings are in.
Your Honor And right on cue, save it, Ms.
Lopez.
Both of you, my chambers.
Your Honor, if I may You deal with terrible crimes, Mr.
Diaz, and I value your work, but if I may, Diego Fondo may have been present for the murder, but that does mean he took part.
- Of course, but - Those facts will undoubtedly be discovered at trial unless your case against the other members of the gang will be a lot stronger if you believe Diego is telling the truth and you can get him to testify.
In exchange for immunity and no jail time.
And relocation for him and his mother.
They start again somewhere else.
Otherwise, FDS will So Diego is prepared to testify? I believe so, Your Honor.
He's ready to tell the truth.
You know, he made a mistake, but he had the strength and the courage to fix it.
He came to me, to us, for help.
He is the reason we all do this.
When you're ready, I'll see you back here for the terms of the deal.
You're excused.
- That went well.
- Did it? When a person is incarcerated, these are the only spaces they can talk to their lawyers.
I just made them less safe.
Am I gonna regret this? There you are.
Forgot my How'd that go? Plea deal.
Witness protection.
That's great.
Yeah, but the recording stays in.
She's allowing it.
I can't believe it.
It's so wrong.
I checked the room again.
The bug's gone.
They took it out.
Maybe, or they just hid it better.
- Listen, I'm sorry about what I said.
- It's okay.
We were just arguing, right? That's what we do.
We like it.
On this, we're just getting started.
Should I come by later or You know what? I'm tired.
I think I'll just - Yeah, of course.
- Okay.
See you tomorrow.
Night Market Song.
Green curry duck, larb gai, sticky rice.
- Hey.
- Hey.
No quinoa in sight.
So you're a prosecutor.
What kind of plea deal would you offer? I accept, if only to convince you you are misguided.
I have a set of boundaries and guidelines - that we should go over.
- I'll just ignore them.
You should prepare to be surprised.
I hate surprises.
I'm willing to bet all of the money I've got that you don't.
It could be anywhere.
No guarantees it's California, even, and you can't contact anyone, not even family.
I know it's a lot.
No, it's okay.
It's wonderful.
You saved his life, Ms.
Lopez.
I'm so grateful.
Thank you, Ms.
Lopez.
You're welcome.
Don't think, uh I know I've hurt you, Mama, and I know what you've done for me, what you've given up.
Okay.
I'm in.
Take the damn job.
Yeah? That passion, that drive you have to make the world better I fell in love with that and with you.
You need to be who you are and do what you do.
We'll make it work, Lo.
And somehow, we'll make it work.
And look, if it gets too much for either of us, I'll transfer back to L.
A.
or I'll quit the Bureau.
- You are not leaving the Bureau.
- If I have to.
This work is important, but, Lo, you you are my love, and L.
A.
is our home.
We are lucky.
There are only miles between us.
- Could be a lot worse.
- And we have red eye quickies and weekend pillow talk to look forward to.
Oh, I like the sound of that.
We can meet in the middle.
Kansas is a sexy state.
It is? It will be when we're there.
I'm booking flights right now.
Mm-hmm.
And bubble baths.
Lots of bubble baths.
I don't know what I'd do if we didn't have her.
I was wondering if Ms.
Kansky was gonna drop by.
He likes you! I don't do cheer during work hours.
If I have questions about gaining another perspective, - might that be all right? - Yes.
It might be weird, us showing up together.
Two weeks ago, you kissed me in front of all your friends.
But not the whole courthouse.
I haven't tried a murder case in a while.
So? You're the best lawyer I know, Amy.
Best lawyer in L.
A.
is my son, and he chooses not to represent me.
Take responsibility for your situation.
I didn't do anything.
I don't believe you.
Ya, ya, sepáranse.
Sepáranse.
Be with you in a minute, Ms.
Lopez! Mike, good job.
Let's go! Game on! Hey.
They're all gang members, FDS? - Yeah.
- And you're the coach? You kidding? No, I organize the games, bring the equipment, cold drinks.
Gives me a chance to show 'em there's more to life besides colors and territories, you know? - That's amazing, Alex.
- Hard to believe, right? Pssh.
Come a long way.
Yeah, I'm done with that life, Ms.
Lopez.
I've got a job.
I'm a peace ambassador now.
Anyone wants to step back from the life, organizing things like this helps them know where to find me.
I'm proud of you.
There's a kid I want you to meet.
He was in FDS, but he's out now.
He's trying.
He's a good kid.
I can't be his lawyer.
Alex, they have to assign me.
- I'm a P.
D.
- He just has some questions, that's it.
- What kind of questions? - If something is a crime or isn't.
A specific thing.
I'll let him tell you about it.
- Which one is he? - He's not here.
He's back at my place.
It's not far.
You need to hurry.
Construction at LAX is a nightmare.
Reading for the plane.
It's a red eye, Sherri.
I am going to be sleeping.
Also, your puffy.
They have winter in Washington.
I'm flying to D.
C.
to talk to my husband.
- Can you believe that? - Also have drinks.
And have drinks with his people, but really just to talk.
You spend all your time texting and on Skype.
You can't have an actual conversation.
So I'm flying to D.
C.
Is he getting a job? Is that why you need to talk? The FBI want him to stay, make it permanent? Don't know.
We don't know.
Please don't move to Washington.
I just got used to you, and you have so much more to learn.
I love D.
C.
Oh, the culture and the politics, the people from all over the world, the same city that has got the Supreme Court, the Museum of African American History, Howard University, H.
U.
! My alma mater.
It's the best place on earth.
Don't forget your reading.
Research and case law for upcoming motions.
200 pages.
Each way.
I hate it when the judge leaves town.
I gotta sit around in holding instead of basking up here in the bright light of justice.
The bar exam's next month.
- Have you applied for clerk positions? - Not yet.
Have you decided which team you're joining - Prosecution or defense? - Not yet.
So you have plenty to do.
Now go away.
There you are.
Good.
Detective Harris, what can I do for you? - You could call me Kevin.
- Eventually, maybe.
Not today.
- So listen - You want to ask me to dinner.
It's been coming for a while.
I've been observing the signs.
Go ahead.
I've actually just been called to a murder literally 30 seconds ago.
As I'm sure you're aware, the first 24 hours of murders are crucial.
I need to focus.
Also, it could jinx the date.
So I should solve the murder, and then I'll come back and Okay? I've gotta go.
I still intend to ask you to Understood.
I moved us out of the neighborhood.
He's in 12th grade.
He got a job.
He just turned 18.
He's a good boy.
He hates it when I say that.
- We're talking about tattoo removal.
- That's great.
Diego, you talk to Ms.
Lopez.
Uh, before you do, Ms.
Fondo, Maria, you, Diego, you both need to know that I am not his lawyer.
Me dijistes que ella era una abogada.
SÃ, soy abogada, pero no del Diego.
El tendrÃa que ser Diego, I get assigned my cases at arraignment, not before.
It's just the way the system The point is that anything you say to me is not covered under attorney-client privilege.
Do you understand? You didn't tell her? Tell me what? The police are looking for Diego.
They came to the house.
I told 'em I didn't know where he was.
He's a suspect? I thought you said - I thought he had questions.
- He's innocent.
He was with me the night of the murder.
- The murder? - Ms.
Lopez, please.
You need to understand that he had nothing to do Stop talking.
The kids from a rival gang, they shot him, - but Diego wasn't there.
- Stop talking now.
Diego, listen to me.
Diego.
If the police are showing up at your house, they're not going away.
You can be a fugitive for the rest of your life, or you can surrender.
That's what I told him, but he needs a lawyer.
If he surrenders, he will be assigned a lawyer, either me or someone else.
It has to be you.
You care, Ms.
Lopez.
You don't just see the tattoos.
You see past them.
If you go in, you do not answer any questions.
You say nothing.
Nothing.
Do you understand? Good.
I will try my best to be there for you tomorrow, but right now I have to go.
I have to go.
He's innocent, Ms.
Lopez.
Sorry I'm late.
A car was literally burning on the 101.
- There were flames.
- Brought you a quinoa quiche from the vegan place around the corner.
Thanks.
I've had this quiche.
- Not good, huh? - Let's go.
We can talk upstairs.
What's going on? Why'd you want to see me? - Let's talk upstairs.
- I have to get to work.
You really want to do this in the lobby? Okay.
I got some new discovery last night.
The police recovered a gun in your father's home.
Ballistics? Matched.
It's the murder weapon.
What's Vic saying? He denying it's his? - That's privileged.
- Privileged.
Don't leap to any conclusions.
It doesn't mean Doesn't mean he killed her.
You know how this works.
It's one piece of the puzzle.
- And anyway - I got to, uh I'll call you.
Mark.
I think I can get it excluded.
Don't panic.
There's my baby.
There's my baby.
- Hi, baby! - Hey.
Ha ha ha! Mmm! Mmm! Whoa! Get inside.
It is freezing.
This? This is balmy.
You can take the man out of California.
You got jokes.
Ooh, I didn't read a single page.
Sherri is gonna be so mad at me.
So, this thing tonight This drinks thing.
Mm-hmm.
They're looking forward to meeting you.
My temp duty is going well.
People like me, apparently.
Can you please just cut to the chase? Deputy Assistant Director of the Criminal Investigative Division.
- I'm getting an offer.
- When? - Soon.
- Ah! Congratulations, baby.
I'm so proud of you.
It's your dream job.
I know I was only supposed to be here for a couple of months.
Wait.
How long is the We won't know until they make the offer.
But once they do, I'll pitch working part-time in L.
A.
, part-time in D.
C.
Does the FBI let people do that? Not usually, but I'm sure I could swing it.
- I can be pretty convincing.
- Yeah, you can.
We're gonna talk about it.
We're gonna think it through.
Nothing's been decided yet, but right now I have to go in.
I can't believe you're going to work.
I'm only here for 16 hours.
I know.
I'm sorry.
We're discussing my memo today.
But I'll be home early, I promise.
Diego's practically still a kid, but he's covered in tats, face tattoos, which the cops don't love, obviously.
- Not all gang members are violent.
- I know.
I know boys who got into gangs because their father, brother, cousin were in them, and And they were expected to join.
I know.
But no one seems to bother to ask why these gangs exist in the first place.
It just makes me crazy.
I am gonna do everything I can to help Diego.
I know.
I just Sensitive subject.
No.
I get it.
I get it.
I completely get it.
Oh! I bought I ordered an espresso machine for the house.
Oh, okay.
Wh-Why? Because double boiler, because internal reservoir, because built-in burr grinder? It's a housewarming gift for us.
We deserve it.
- Oh.
- Emily Lopez.
- Thomas.
- Greetings.
This is the P.
D.
I told you about.
She's Diego Fondo's lawyer.
Peter Diaz.
He's with the Hardcore Gang Unit.
Ms.
Lopez, looking forward to it.
Me, too.
Diaz? The D.
A.
's bringing out the big guns.
Your guns are bigger.
Oh.
There's your boyfriend.
Maria! Wait.
I'll text you.
Okay.
Bye.
Good luck.
Okay.
Hi.
Sorry.
I have to - Hi-bye.
It's okay.
- Okay.
Bye-bye.
Good news.
I have been appointed Diego's lawyer.
Called in a favor.
It's this way.
- Come on.
- Okay.
The judge we get for trial will be different.
This one is just for the arraignment.
I'm gonna enter a "not guilty" plea.
Maria, it's gonna take about 15 seconds, and they're gonna take Diego back again.
Can I talk to him? I'm sorry.
No.
And you can't wave, either.
Communication of any kind is a misdemeanor, and the bailiff will escort you out, okay? - Is he all right? - He's fine.
He's gonna be overwhelmed.
Just seeing you will make it better, and we can arrange a visit later.
Oh, my God.
Oh, come on.
Shackles? Really? I'm just here to prosecute the case.
Talk to the sheriff.
Get out there and take a seat.
Okay.
So I'm your lawyer.
You all right? Okay, we're gonna enter a "not guilty" plea, and then we're gonna meet, and you're gonna tell me the whole story, okay? Ms.
Lopez! Amended complaint.
I'm attaching a gang enhancement PC 186.
22.
- My client has an alibi.
- The alibi's false.
Also, he left the gang.
He moved out of the neighborhood.
He has a part-time job, a "B" -plus average.
The alibi is false.
I've got video footage of your client getting into the same car that was identified at the scene.
We pinged his cellphone.
He was there.
You'll get all the evidence shortly, but I'm sorry, Ms.
Lopez.
Your client is guilty of murder.
Calling the matter of People v.
Diego Fondo, in the charge of murder.
Emily Lopez for the defendant.
Got a minute? - This is my investigator Carly.
- Hey.
- Can we talk? - Sure.
Have a seat.
I'm gonna talk to you about the gun, - and you're gonna listen.
- Okay.
The police got a warrant to search Vic's house, and the probable cause of that warrant Why are you dressed as a biker? Stakeout at a biker bar? I smell like beer.
- You got a problem with that? - No.
She likes to stay in character.
Just go with it.
So the warrant was based on a tip.
Vic had been bragging at the Shortstop that he had a gun, which got them probable cause.
- Which got them the warrant.
- The tip was bad.
Their informant wasn't at the Shortstop that night.
I talked to two different people who said they saw the dude in Venice at The Brig, drunk and under a table.
Tip was bad, Mark.
If I can quash the warrant, the gun is out.
Okay.
Can I go? - Yeah.
Call me later.
- Yeah.
I assume Vic's denying the gun was his.
- Privileged.
- Doesn't matter what Vic says.
I'm gonna get it thrown out.
I'm a prosecutor, Amy.
The gun is evidence.
You're also a son.
Who hates it when a murder weapon is thrown out on a technicality.
Amy, the gun was found in his house.
- No jury will ever know.
- I will.
Mark, I get that you're struggling with this, and I get why, but stay with me.
Your father is in his 60s and facing life in prison.
He has no friends.
No one has visited him, not one person.
All he has is you.
And you.
He's shutting down.
I'm losing him.
- Hey.
How's Diego? - Scared.
You want something to drink? No booze.
I got iced tea, Cokes? No.
Thank you.
Alex, you said that Diego was with you - the night of the killing.
- That's right.
Got some pretty compelling evidence from the prosecutor.
Diego got into a car.
They have that.
There were other guys in the car, but they can't be identified.
But the vehicle can be placed at the murder scene.
Yeah, well, they must have dropped 'em off on the way.
They placed Diego at the murder scene with his phone.
Alex, why don't you tell me the truth? Diego called me in a panic.
I told him to come over.
He did.
And he stayed with you? Did he say anything that night? Next day, and then I called you.
Alex, what the hell? - Why didn't you tell me? - I believed Diego that he didn't do anything, but I didn't think - That I would? - Anyone would.
The D.
A.
s office thinks they know how our communities work.
They don't.
The truth is Diego got out.
He got out.
His mom picked him up and moved him across town.
They left family, Maria's sisters, all the cousins Diego grew up with.
They're refugees in their own city.
And they can't go back, 'cause if they do, he might get targeted because there's some guys that don't want you to get out.
They did everything right, Ms.
Lopez.
He's hardly said a word to me.
He won't speak.
I can't get his side of the story.
- Diego shuts down.
- I'm his lawyer.
If he won't talk to me, I can't help him.
I need answers.
He trusts you.
- Sure, I guess.
- Which means I have to.
I need you to go in there with me and talk to Diego.
But if you do, it would void the attorney-client privilege.
So I've just hired you.
You're part of my defense team.
Prosecution always has a gang expert, so now you're mine.
You have a tie? Yeah.
Somewhere.
Look at me, Diego.
Come on.
You gotta tell me what happened, all of it.
She's gonna help you, D.
You can trust me with all of it.
I promise.
Got a call from Rascal.
Said to come to the corner, so I did.
Who's Rascal? Real name is Carlos.
He was there, and Chucky and Delito.
In the car? He said I had to come with them.
I didn't want to.
But you don't say no to these guys, if they found me, found my mother.
So we go up into the hills park, and they had a guy in the trunk.
I didn't know.
He He was bleeding, all tied up, taped up, and they put him on the ground, and he was he was crying.
And they had a gun.
And they took turns shooting him.
They shot him.
They killed him.
They Did you touch that weapon at all? - No, I I just stood there.
- Okay.
- I didn't know.
I - It's okay, Diego.
If I didn't go with them, they would've killed me.
That's how gangs get you Leverage.
They have this over him now.
They'll all say he did it.
The other guys in the car They're major Yeah, they're serious guys.
Diego, what you just told me has value.
The D.
A.
, the cops, they don't want you.
They want those other guys.
I think I can get you immunity in exchange for those names, maybe even a relocation for you and your mom.
But when this goes to trial, you'll have to testify.
It's our best chance.
I need you to think about it.
Where have you been? I've been working.
Been busy.
Amy's keeping me up to speed.
Oh, you've been busy.
Okay.
People around here never shut up.
All day long, yap, yap, yap.
- You have any news for me? - I'm not gonna talk about the case.
- I can't.
I told you why.
- It was not my gun, - Dad, stop talking.
Stop it.
- And I did not take I'm gonna leave in a minute.
You can talk to your lawyer.
I trust her.
So should you.
You can keep talking to her.
That's what I came here to tell you.
And also this.
You lie to yourself.
You always have.
You take these stories, and you convince yourself it's the truth.
You rewrite history, but you can't now.
You need to stop.
You need to be real.
That's why you came here.
You wanted to gloat.
You think I'm guilty.
Of course you do.
You hope that I did it.
You've been waiting for this.
You look down at me so you can start feeling better about yourself.
- You smug little piece - We should move on.
You were never there for me, ever, not ever.
You love this.
You love that I'm here.
It's your dream come true, but you know what the truth is? You're weak.
You've always been weak, hiding behind your mother, behind your big job.
Sure, Dad.
Hey, this is a nice place you got.
You decorate it yourself? God help me, I'd like to give you a crack right now.
You'd never get up.
All right, listen.
Why don't you get him outta here? - Mark? - Huh? Get rid of him! Come on, Mark, let's go.
All right, all right, all right! You okay? Yeah.
Are you? That's the man I grew up with.
He's scared.
He's just lashing out.
That's the real Vic.
Now you met him.
If it were up to me, the gun would stay in.
Because if Vic did it, then he deserves to pay.
There you are.
So I should warn you, Lola, your advance press is stellar.
Robin talks about you all the time.
- I do.
It's true.
- He'd better.
It sounds like you're making a real impact on the bench.
Now, I've reading up on some of your cases, the transcripts.
- Really? - Well, I was just curious.
I practiced for four years, so But that TV star trial That was something.
Hayley Halliwell.
It's very sad.
Yeah, and that business with ICE? That showed real courage.
Oh! There's Chris Foley.
Uh, Chris! You gotta meet Foley.
It's a rite of passage.
I'll be right back.
That got on our radar, too.
The ICE thing That was bold.
- And you're with? - D.
O.
J.
Special Advisor to the Principal Deputy Associate Attorney General.
- Oh.
- Also an attorney.
I'm on staff.
Something like that happens, especially - I think you were on the job two weeks? - Mm, more or less.
People pay attention.
You're on our radar now, Judge Carmichael.
It's 9:30.
We should get our coats.
Oh.
I am so sorry.
I have a flight.
- Jeni, it was a pleasure.
- Such a pleasure.
Good night.
What was that about? What did he say to you? I'll tell you outside.
"Chickee" in a Prius, three minutes.
Okay, talk fast.
Okay, so the guy that I just met Chris Foley? He let it slip.
I'm getting an offer on Monday.
- So it's real? - It's real.
I'm sorry that we didn't get more time.
- It's okay.
- I I got sucked into Robin, I get it.
So a one-year assignment, and how long to make a decision? Couple of days, maybe a week? And did you ask about a bicoastal option? Not yet.
It's gonna be a timing thing.
I gotta get a couple more people on board before I do the official ask.
Well, we'll keep talking, then decide.
In my head, you were coming home soon, and the thought of all of those flights and phone calls and Skype, I just - I have to recalibrate.
- It's not a done deal yet.
It's an incredible opportunity.
And there's Chickee.
Okay, text me everything, - all the time.
- I will.
I love you.
I love you.
I'm proud of you.
Alex.
What did you tell him? My phone's lighting up.
The cops are making arrests.
They got the other three guys.
- Slow down.
- The guys in the car.
The guys Diego told us about.
- Wait a second.
- Did you make a deal? No.
No, not yet.
- You told them? - No, Alex.
Diego's screwed.
We trusted you, and now he's got nothing, and Alex, I didn't.
Alex! What's going on? Em? What the hell? The police are making arrests.
- What? - How did they know who was in that car? How is that possible? How the hell did they know? Hello.
Robin? Are you there? - Oh, I think I lost you.
- I was just saying that this is more than a gesture.
This is serious change that we're talking about.
In the FBI, maybe 5% of special agents are African American.
- I know that.
I don't need a lecture.
- I know, I know.
Agents in the C.
I.
D Some of them have no idea about the communities that they're working in, what they're listening to, what they're looking at.
In this job, I can make sure they have the right support, the right context to really understand those communities, work to reset the FBI's relationship out there in the field.
I'll be working policy, hiring agents, mentoring agents.
I'll Can you get the FBI to stop calling them "inner cities"? Done.
I love you.
No, no, no.
Don't change the subject.
Have you asked them if you can do some of this save-the-world stuff out here in L.
A.
? - I'm working on it.
- Baby.
I know that they want me here on the seventh floor to start.
They said that they were open to it.
Meaning they said no.
Just to start, and then We'll keep talking, I know.
Oh, God.
One minute, I think I can do this, and the next - Me, too.
- Plus I'm sleep deprived, which doesn't help, which I guess I should get used to.
One year in this job, then I'm full-time back in L.
A.
I take over the office there.
That's the plan.
Mm-hmm.
Can I say it now? You can say it.
- I love you.
- I love you, too.
I gotta go.
- Call me later.
- Okay.
You can come in.
You're behind.
Your schedule's a mess.
But you can handle it.
You always do.
The police arrested the other gang members - that were in the car.
- They got tipped.
Maybe, but yeah, but no.
The timing is too weird, too close, too Those names are all I had to cut a deal with, - and the D.
A.
knew that.
- Well, maybe his mom talked.
No way.
That doesn't make any sense.
- You don't think - What? Do you know if the D.
A No, they wouldn't, right? Okay, you're gonna have to give me a little bit more - to go on.
- Forget it.
Maybe you can ask around back there in in in Sheriff's land? Ask what? If the meeting rooms at the courthouse are bugged? Callan.
- I'll see you later.
- What's up, Lopez? Have you heard anything about the arrests that were made on the FDS murder case? - No, what arrests? - Last night.
There's something weird.
This Peter Diaz' case? - Uh-huh.
- If he's charging someone, trust me, he's got a reason.
I'm just saying, there's no way the police got this info from anywhere else.
My client is the only person - You couldn't possibly know that.
- Just listen.
Why are you talking to me, Lopez? So you don't know if Diaz or the police interrogated my client without me, his lawyer, present? Lopez.
Good.
You're here.
I was just gonna call you.
Come on into my office.
Do you remember Peter? I do.
Yesterday you spoke to your client Diego Fondo? Present at that meeting was Alex Domingues? That conversation was recorded.
We used the recording as probable cause in multiple filings, - and we intend to use it as evidence.
- Wait a second.
- Paperwork is in process.
- And we wanted to give you a heads up - as a courtesy.
- That conversation was privileged.
The presence of Mr.
Domingues voided privilege.
Alex Domingues is part of my defense team.
- If you an objection - Objection? Even if the privilege doesn't extend, which it does, you put a bug in the courthouse in a client meeting room? Where there is no expectation of privacy.
You are gonna regret this, both of you.
Make your arguments in court, Ms.
Lopez.
We're done here.
Not your monkey, Callan.
Alex Domingues was not a third party.
Mr.
Domingues is an expert on L.
A.
gang culture who was hired to assist me in the preparation of Diego's defense.
You hired him.
Did you sign a contract? We had a verbal agreement.
Your Honor, without any witnesses to this agreement He accepted payment.
Obviously, I am aware of the third party rule, and I would never jeopardize my client.
If I thought for one second that the District Attorney's office would put surveillance equipment in courthouse meeting rooms, I Ms.
Lopez, take a breath.
Ms.
Kansky.
One moment.
What is happening in the gallery? It's the defense bar.
They're lawyers.
All of them? Word has gotten out the courthouse is bugged.
Trouble is brewing.
Okay.
All right.
I got this.
Your Honor, if I may, I would like to know how the bug came to be in the meeting room.
Fair question.
Mr.
Diaz? Your Honor, with respect, the focus of this emergency hearing is whether or not the privilege I'm all right with expanding the focus.
Let's talk about the bug.
The room had been employed in a previous Perkins operation in which an undercover posing as a prisoner obtained information from an actual prisoner in custody.
Standard law enforcement tool.
So you just accidentally left the mic on when I was meeting my client? People vs.
Jordan, 1990.
There is no guaranteed right to privacy in attorney conference rooms.
In a courthouse? This is a temple of justice.
It is a church.
Your Honor, the names obtained in this recording could have been used to get my client immunity.
There was no plea deal being discussed, Your Honor.
Mr.
Diaz knew that.
By stealing that leverage and making those arrests, he has put my client's life in mortal danger.
He has been moved to solitary to protect him.
Stay on point, Ms.
Lopez.
Diego Fondo is a soulful, vulnerable young man who was trying to escape gang life.
Your Honor, this is my field.
Gang members do not talk, ever.
It is extraordinarily difficult to get any traction.
These arrests will save lives.
The means we used to secure them were used in the interest of justice.
It's that simple.
Your Honor, if I could just I've heard enough.
I'll consider these arguments carefully.
Court is in recess.
So where were we? - You solved your murder.
- I did.
Already? The fact pattern matched a previous fact pattern from a cold case 10 years ago.
I have a personal database, old case files, articles, studies.
Research is big with me.
I like to be organized and thorough.
Anyway so, Ms.
Sherri Kansky, may I take you to dinner? I assume you heard about the bugging.
Only 3 times in the last 10 minutes.
Everyone is talking about it.
Not sure why no one's talking about the victim, - but anyway - What is your opinion? Of the bugging? Is this a test? If I get it right, you'll go out with me? - Mm-hmm.
- Okay.
Well, interesting.
I'm a cop.
I'm in favor.
If I said anything other than Perkins ops are an indispensable tool, you'd know I'm lying.
They're legal.
A little unusual to use in here, and I wouldn't do it myself, but - But? - Legal.
Mm.
Is that your final answer? Final answer.
I'll think about it.
If I were you, I would look at how Jordan, 1972, addressing prisoner-attorney communication, is frankly trumped by People v.
Jordan, no relation, 1990, regarding permissive monitoring of conference rooms.
You need to ponder at length.
Whoop.
I have a hearing.
Oh, good.
I mean - Walk with me.
- Really? Okay.
Two more crucial points.
You wouldn't be trying to influence my decision, would you? - I would not.
- Infect me with your old, conservative, white guy rationale.
Well, such as it is? Hey, look, you want to exclude the recording, alienate all of L.
A.
County law enforcement, set the course of justice back 25 years, that is your business.
But you are a referee here, and there are rules.
Carmichael! Judge Benner.
How is it that, once again, the entire courthouse is talking about your case? You have a talent.
Robin's about to get an offer.
A job offer in D.
C.
? Is he going to take it? I can't think about that right now.
Because you have a small, little prisoners' rights- attorney-client-privilege gang-murder question you need to think about instead.
It's a slow day.
The privilege piece is almost straightforward.
Third party voids privilege, but is a gang expert a member of the defense team or a witness you call to the stand? Then there's the sticky piece.
Sixth Amendment questions.
Surveillance creep.
It's everywhere.
Suddenly people are free to parachute into other people's lives and watch and listen anywhere.
Robin's colleagues knew a lot about me, my decisions.
They're not bugging your chambers, Carmichael.
Yet.
There was an open mic in a meeting room in this courthouse used for lawyers.
I'm sure as a prosecutor, you've used I obtained Perkins warrants for prisons and placed undercover informants in cells that we then bugged to get information, but never in the courthouse and not like this.
If it were up to me Are you really gonna finish that sentence, Lisa? The question is, how do I finish that sentence? Well, you don't have to rewrite the Constitution.
Not today.
- I found the mic.
- What? When? After we talked.
I went all Jason Bourne on the room.
Did you rip it out and throw it in the garbage? - Uh, no.
- Did you yell into it and tell whoever was listening where they could put their Seriously, Luke, you don't actually think - that should be allowed to - The law's pretty clear.
Oh, actually, it's not.
It's not a Perkins.
- A Perkins is targeted.
- There's precedent.
Luke, you're gonna be a lawyer.
This isn't just a theoretical argument.
- You're gonna have to - We don't have to talk about it.
- Yeah, we do.
- Yeah, you do.
Let me know how it ends.
I'm like this weird bailiff- almost lawyer hybrid species, foot in both worlds.
That's a copout.
What do you actually believe? - That is a trick question.
- Another copout.
Why, because I'm not exactly sure how I feel about something, or because I might not agree with you? I'm not a defense attorney, Em.
I don't have to convince myself of things the way you do.
Wow.
That's That's not what I meant.
No.
I have to go.
We're not kissing in public right now, right? So I'm not making a statement.
I'm just walking away.
Hmm, let me guess.
Fashion shoot? Clubbing, West Hollywood.
I'm gonna get drunk.
It's Carly's process.
Just go with it.
Mark, your father was framed.
What? Carly's been busy.
Tell him.
So the Armenians, they wanted Addison Farwell dead.
- She was ripping them off.
- She was running one of their card games, and while her clients, which were their clients, were playing poker all night, oh, my God, her guys were literally robbing them blind Their houses, I mean.
- It's pretty ballsy, right? - And when the Armenians found out, - Addison had to go.
- Meanwhile, Vic Callan's running his own little game on their turf, which is a big no-no.
So they kill Addison and frame Vic.
Two birds, one stone.
- The argument he had with Addison? - Motive.
- The bragging about the gun? - Probable cause.
- The murder weapon in Vic's house.
- Planted.
And it worked.
The cops bit down hard.
He was framed, Mark.
Two birds, one stone.
That's my defense.
- And you can prove this? - Maybe.
Probably.
Motion to traverse tomorrow.
You should come.
Let's go.
You need to party.
Yeah.
It comes down to this.
Your father has a temper.
He is a piece of work for sure.
But is he capable of murder? Do you really believe that, Mark? I have a motion to prepare.
And the worst part is everyone has an opinion.
They all think they know how I'm gonna rule.
I'm the creative judge, the defense-friendly, - anti-law enforcement - How are you gonna rule? If I knew, I wouldn't tell you.
I know kids like Diego, that neighborhood Single parent, no money They have to make a choice way too early how they're gonna survive, and when they come here to this building, the deck is already stacked against them everywhere else.
- It can't be here.
- And yet? And yet yes, exactly.
These gangs.
If we are going to deal with them, we have to be bold.
No snitching means we need tools.
- Can I give you some advice? - Can I stop you? Forget what people expect of you.
Forget how people think Lola Carmichael should look at a problem.
Focus on the law.
Focus on the arguments.
I'm gonna focus on the accused, who sit in these rooms and talk to their lawyers in good faith, and I'm gonna focus on the communities being victimized, and actually, I'm gonna focus on the victim.
A young man was killed.
Okay.
All right.
Changing the subject, - I've been thinking about you and Vic.
- And? - I think you're missing the entire point.
- Really? I don't think it's about the murder.
Not for you.
I think you are putting Vic on trial for your entire crappy childhood, and guess what.
He is never, ever, ever not going to be guilty.
How long have you been holding that one back? Ooh, too long.
Better late than never.
You should be thinking about your case, not me and Vic.
I can do both.
Ohh, Sherri, what is it? Hey, Your Honor, you got a minute? - Is everything okay? - Yeah.
Uh, Your Honor, I know you can't This is nothing ex parte.
I just want to I need to say something.
Okay, so, um, where I grew up, the neighborhood, Lynwood, it was full of hardworking people Families.
It was amazing.
But there were gangs there, too.
- Sara.
- Just part of the fabric of But not everyone is a gang member, and not all gangs gang members are criminal.
They run businesses.
They raise incredible families.
They contribute to the community.
They just need a place to belong, that's it.
But they all get targeted.
Sara, I need you to stop.
People use them.
They use these These boys, these men, some of whom are my family.
They are used by As a political platform to get sheriffs elected, to get D.
A.
s elected, to raise funds for police rather than for social services.
Now, I know it's hard to get the truth.
Out there is so much noise.
But in this building in 802, you have inspired us all by leveling the playing field.
Now they are trying to change that by putting microphones into our I have to stop you now.
But I hear you.
Thank you, Your Honor.
Detective, when you obtained your bogus warrant - to search my client's house - Objection.
Argumentative.
No, it isn't.
Overruled.
The sole basis for your warrant was a statement made by your informant Mr.
Torley that on December 3rd at 9 p.
m.
, at the Shortstop bar in Echo Park, he overheard my client brag about having a .
357 Magnum at his house, which he'd use to, quote, take care of business.
Correct, and I would add that the defendant was known to police.
For playing cards, not murder.
So, Detective, you had no idea the informant was lying? - Objection.
- Overruled.
Sit down.
Look, we took the statement in good faith.
In good faith, of course.
So you were unaware that, on the night in question, your informant was nowhere near the Shortstop.
He was lying in a puddle of his own vomit on Abbot Kinney.
Your Honor, even if this were true, the "good faith" exception applies.
Actually, it doesn't, Your Honor.
I'm gonna establish why.
- Sit down, Mr.
Koch.
- Detective, at any point, did you run Mr.
Torley - through your own system? - No.
- So you didn't see an L.
A.
P.
D.
- 647 citation for public intoxication in Venice, 16 miles from the Shortstop.
- No, I did not.
- Nothing further, Your Honor.
Mr.
Koch, rebuttal? I Ahem.
No, Your Honor, I'm good.
I've heard enough.
The witness may step down.
The gun is excluded.
If I were you, I'd start thinking about a deal.
All rise.
I hit the red line the other day.
Apologies.
Yeah.
Me, too.
I don't like the way you've lived your life or the things you've done.
You don't like mine for whatever reason.
We could trade punches on that for the next 10 years.
Probably will.
But I don't think you're a murderer, Dad.
Courthouse meeting rooms should not be bugged.
For the record, I want to state clearly and without ambiguity, I personally believe defendants' Sixth Amendment rights should apply.
This is a courthouse, not a prison.
It is special.
I find the defense's argument that Mr.
Domingues' presence did not void attorney-client privilege to be compelling.
However, I am not convinced that Mr.
Domingues was a part of the defense team.
An ex-gang member hired as an expert at the 11th hour to preserve privilege, while creative, does not meet the standards established by precedent.
Further, the circumstances by which this evidence, these names, were obtained does not invalidate its probative value.
Law enforcement must be given the leeway to do its job, to seek justice on behalf of the victim, a young man whose life was violently taken away Lucas Montez.
The motion is denied.
The recordings are in.
Your Honor And right on cue, save it, Ms.
Lopez.
Both of you, my chambers.
Your Honor, if I may You deal with terrible crimes, Mr.
Diaz, and I value your work, but if I may, Diego Fondo may have been present for the murder, but that does mean he took part.
- Of course, but - Those facts will undoubtedly be discovered at trial unless your case against the other members of the gang will be a lot stronger if you believe Diego is telling the truth and you can get him to testify.
In exchange for immunity and no jail time.
And relocation for him and his mother.
They start again somewhere else.
Otherwise, FDS will So Diego is prepared to testify? I believe so, Your Honor.
He's ready to tell the truth.
You know, he made a mistake, but he had the strength and the courage to fix it.
He came to me, to us, for help.
He is the reason we all do this.
When you're ready, I'll see you back here for the terms of the deal.
You're excused.
- That went well.
- Did it? When a person is incarcerated, these are the only spaces they can talk to their lawyers.
I just made them less safe.
Am I gonna regret this? There you are.
Forgot my How'd that go? Plea deal.
Witness protection.
That's great.
Yeah, but the recording stays in.
She's allowing it.
I can't believe it.
It's so wrong.
I checked the room again.
The bug's gone.
They took it out.
Maybe, or they just hid it better.
- Listen, I'm sorry about what I said.
- It's okay.
We were just arguing, right? That's what we do.
We like it.
On this, we're just getting started.
Should I come by later or You know what? I'm tired.
I think I'll just - Yeah, of course.
- Okay.
See you tomorrow.
Night Market Song.
Green curry duck, larb gai, sticky rice.
- Hey.
- Hey.
No quinoa in sight.
So you're a prosecutor.
What kind of plea deal would you offer? I accept, if only to convince you you are misguided.
I have a set of boundaries and guidelines - that we should go over.
- I'll just ignore them.
You should prepare to be surprised.
I hate surprises.
I'm willing to bet all of the money I've got that you don't.
It could be anywhere.
No guarantees it's California, even, and you can't contact anyone, not even family.
I know it's a lot.
No, it's okay.
It's wonderful.
You saved his life, Ms.
Lopez.
I'm so grateful.
Thank you, Ms.
Lopez.
You're welcome.
Don't think, uh I know I've hurt you, Mama, and I know what you've done for me, what you've given up.
Okay.
I'm in.
Take the damn job.
Yeah? That passion, that drive you have to make the world better I fell in love with that and with you.
You need to be who you are and do what you do.
We'll make it work, Lo.
And somehow, we'll make it work.
And look, if it gets too much for either of us, I'll transfer back to L.
A.
or I'll quit the Bureau.
- You are not leaving the Bureau.
- If I have to.
This work is important, but, Lo, you you are my love, and L.
A.
is our home.
We are lucky.
There are only miles between us.
- Could be a lot worse.
- And we have red eye quickies and weekend pillow talk to look forward to.
Oh, I like the sound of that.
We can meet in the middle.
Kansas is a sexy state.
It is? It will be when we're there.
I'm booking flights right now.
Mm-hmm.
And bubble baths.
Lots of bubble baths.