The Defenders s01e15 Episode Script

Previously on "The Defenders" You cannot cross-examine my witness.
I can ask any questions I want.
Don't be stupid; this is my courtroom.
I am sorry that you're gonna miss your golf game - this afternoon, but just - $250! You are in contempt, Mr.
Morelli.
I hope you're calling to give me my $250 back! All right.
I'll be right there.
Don't say a word.
As you can see, I've been arrested.
- Mm-hmm.
- And I have reason to believe I'll soon be charged with 30 to 40 counts of felony possession of a controlled substance, engaging in prostitution, and, uh let's both pray to God she doesn't die.
All right, Judge, this way, please.
Ah, look at that.
- The Vega star, shining down on Las Vegas.
- Okay, Judge, I think you should stop talking There's Cygnus, Hercules Draco Vulpecula Kind of puts things into perspective, doesn't it? Look, son, I know this is a big moment for you, putting a judge in handcuffs, but in the vast scheme of things, heh, this is nothing.
Keep it in mind, my boy, this, too, shall pass I'm betting by tomorrow.
All right, Judge.
- Uh, Morelli? - Yeah, Judge? You mind stopping somewhere and getting me a cherry cola, pack of spearmint gum and a Mountain Dew? My mouth's kind of dry.
Try shutting it.
I'll follow you there.
Drive on, Constable.
All right, Judge.
Great.
All right with you, Officer? Oh! You couldn't spring for the Dew? It's lemon-lime; they were out of the Dew.
Oh, generic.
Wh Whatever.
I'm parched.
All right, Judge, we're gonna get you through this processing, and then we're gonna get you bail, and obviously don't talk about this case to anyone.
Obviously, you're mistaken.
See you in the interrogation room, bring me the cola and the gum.
What? Ah, Detective, I believe you know my attorney, Mr.
Morelli.
I think I had the pleasure of having you both in my courtroom recently.
Yes, sir, the Linda Sedgwick trial, I believe.
Ah, that's one that Mr.
Morelli would no doubt rather forget, I'm sure.
- What'd she get, ten years? - Yes.
'Cause you screwed me sideways.
Temperament, Counselor.
Mm.
Uh, Detective Davis has a great Willie Nelson joke.
What kind of tour bus does Willie Nelson travel on? A cannabis.
Comedy gold, right? I'm sorry we got to do this, Judge you know, it's just a formality.
Max Hunter, you have the right to remain silent, to an attorney; anything you say can and will be used against you in a court of law.
Do you understand your rights? Uh, yes, great, Detective.
I understand; I invoke my rights, and may we tell Mr.
Morelli the good news? Oh, sure, sure.
The young woman the judge was in the motel room with, Lucy Cardell she's alert, she's conscious, and she's gonna be just fine.
- All right, that's great.
- Amen to that.
Hell of a looker, that gal, huh? Oh, Lucy's a beautiful lady.
And very reasonable rates, too.
- Judge, that's enough.
- Oh, yeah? What kind of rates are those? Do you know that sex burns And if you double that gyration, that could be That is a diet I think we can all get behind.
Sex-ercise? - What was your question, Detective? - Oh, um Keeping in mind that I've invoked my rights and anything I give you cannot be used in evidence against me at any time.
What the hell was the point of that? You're facing 30 years, only you try to prove that you can outsmart a cop? I helped my case.
Our case.
That detective takes the stand, you'll be able to discredit him.
Come on, Morelli, catch up we need to win.
Y You want to win? Then shut up when I tell you, all right? That doesn't mean that Robart won't try to introduce it, and then I'll have to take time to knock it out.
Stop wasting my time.
We got to go by the tow yard, get my car.
- What? - Where's that gum? The Defenders 1x15 - Nevada v.
Hunter Original air date: Feb.
18, 2011 If I had a veto left, I would use it.
Judge Maximus? What the hell? We hate this guy.
Hey, he deserves a vigorous defense, just like anybody else.
For some reason, he thinks I'm the best to offer it.
Are you kidding me? You're flattered he called you, 'cause he happened to have your cell number.
That is not true.
It doesn't matter who his lawyer is; he's running the case.
You know he's gonna steamroll you, don't you? The hell he is! Nobody steamrolls Nick Morelli.
Have you heard anyone ever do Where's Zoey? Uh, Lisa, I need U.
S.
V.
Howard and Olech v.
Willowbrook.
Nice of you to show up, gentlemen.
Thank you, Zoey.
Another double espresso would be delightful.
Sure thing, Your Honor.
Morelli, you have a balcony you should smoke your cigars out there.
The tobacco film on the glass it's as carcinogenic as it is unsightly.
Third-hand smoke is the next class action.
Third-hand smoke? All right, let's get started.
Um now, Steve, you will be co-counsel on this, - correct? - Uh, yes, I am, but actually, uh, actually, my name is Peter.
Sorry.
Thank you, Lisa.
All right.
Uh, let's get going.
Unfortunately, I don't have a lot of time, I have a trial in one hour.
You're hearing a case today? I'm a judge; I have a full calendar this morning and for the whole week, and that's why we've got to make this thing go away today.
You think it's gonna happen today? I don't think; I know.
The D.
A.
is going to try to use me for free publicity in an election year, and we're not gonna let that happen.
Now, let's, uh, go over the facts.
I have been charged with 30 felony counts of possession of a controlled narcotic, being oxycodone.
- Get out.
- One felony count per pill, Nevada Revised Statute 453.
336.
Ah, well done.
A-plus.
The good news is, they're not my pills.
Well, they were in your room.
So they're gonna make a constructive possession argument.
Which you will easily beat if you're worth what I'm paying you.
Next.
Well, do you take any of those pills? I had drugs in my system before I arrived.
Well, that's not what I asked.
Well, that's what I'm telling you.
I have a lawful prescription for a narcotic for controlling back pain.
L5 S1, herniated disk.
Moving on, Counselor.
All right, what about the girl? You're being charged with engaging in prostitution.
I'm innocent I did not pay for sex, they can't prove otherwise.
- Who's the girl? - An acquaintance.
Define "acquaintance.
" Immaterial.
It is not immaterial.
I need to know the history.
She is a talented, albeit unlicensed, masseuse who helps me with my back pain.
Rem tene, verba sequentur.
Stay with the facts.
I am staying with the facts! No, you're not you're fishing for irrelevant personal information.
Aw, for crying out loud! If I am gonna run a defense, I need to know the facts when I ask them Wow, Nick is really getting worked up today.
Judges do that to him, especially this one.
I think Judge Hunter might even be bossier than Nick.
Hard to imagine, huh? Mm.
We have a walk-in.
I don't want to be blindsided by the D.
A.
because you think you're so smart.
I need all the facts! Facts.
Facts, within a narrow legal bandwidth, are all that matter.
I mean, if this ever went to trial, you'd put me on the stand, I'd show you how it's done.
Oh! I'd never put you on the stand, because this is my damn case! Temperament, Counselor.
You know, that's always been his downfall he's too emotional.
- What is it with you Italians? - Uh, actually, - his mother's Albanian.
- Leave my mother out of this! Even worse! There's no room for southern European passion in the courtroom.
Did it help Edmund Muskie to cry in the snows of New Hampshire in 1972? Who's crying? I'm not crying! Well, you have in my courtroom, a few times.
I have not! Nick is always crying in court because he cares about his clients.
I have never cried in the courtroom! Morelli, you always get misty-eyed in front of a jury, and I can't stand that.
Well, if you think I'm such a lousy attorney why do you hire me in the first place? - Now he needs a compliment.
- Aw, come on! I hired you 'cause you're scrappy, you're a fighter.
Leave all that girly stuff behind.
Ex lege vindica, ex non animo! Win on the law, not on emotion.
All right, gentlemen, we will take care of this today.
Get the affidavit in support of the search warrant.
I can tell you there was no probable cause to enter that motel room.
And, Steve, I want you to represent the girl, Lucy Cardell.
I'm gonna pay for it not out of altruism, but I think we should, you know, control all angles on this thing.
Would you go see her for me, please? Yeah.
Of course.
- But my name is - Ah, Zoey.
Well, tell me when it's wrapped up, gentlemen.
I'll be in court.
Like how you're running the case so far, Nick.
lmpressive.
Screw you! I didn't cry in a courtroom! - And you told the waiter before you ordered - Yes.
I have to.
It's so lame, but I have a severe reaction to anything with dairy in it.
No butter, cheese, - ice cream - No ice cream? I'm sorry, but that is just not fair.
I know! It's-it's so ooh! But my windpipe swells up, and - I can't breathe.
- Oh, wow.
That's got to be scary trying new restaurants.
That's why I almost never do.
But this was a date, - and he was really cute.
- Okay, I totally get it; no need to say any more.
You know what, I'm gonna jump all over this.
- We have your contact information, right? - Uh, yeah.
I'll be in touch with you.
- Thanks so much for coming.
- Thank you so much.
Uh, Pete? - Quick question.
- Shoot.
Young woman, allergic to dairy, repeatedly tells the waiter And the mayo or whatever had dairy in it.
Milk powder in the rigatoni sauce.
Call up the restaurant, find out who their lawyer is, go see them.
Hotels and restaurants deal with this all the time.
They're gonna offer a low of four grand, high of six.
Get anywhere close to $6,000, take it.
No need to run it by me.
Okay, great.
Thanks.
- Uh, low of four? - High of six.
Got it.
Thanks.
Hi, Lucy.
My name is Pete Kaczmarek.
My firm's representing Judge Hunter.
Would it be okay if I talked to you for a minute? Kaczmarek, good morning.
What the hell, Nicholson, you read her her rights before or after she came out of her coma? Can't the D.
A.
's Office at least wait until she finds a lawyer? Actually, she's already got a lawyer.
Me.
Judge Hunter told me to tell you: "Tell that bastard I'm gonna bring him and the D.
A.
's Office down if he doesn't drop this right now.
" I'm trembling.
All right, well, let me see the affidavit in support of the search warrant.
You had no probable cause whatsoever to go into that motel room? Patience, Morelli we're still putting the discovery together.
You know I can't stand the guy any more than you can.
Come on, the firearm is registered.
He forgot to put it in a lockbox.
All right, so fine him.
Huh? Yeah, yeah, we may give you that.
And where the hell do you get prostitution, Robart? You'll never be able to prove that! Well, we have information that he paid the young woman cash at a strip club before going to the hotel.
- Man! - We're gonna say that's a prepayment for sex.
Come on.
Are you kidding me?! No, I'm not.
You charged prostitution because you wanted to grab a headline and pollute the jury pool.
Now that offends me to the core.
I'm gonna tell you, this thing goes to trial, you're gonna drop the prostitution All right, let's say the prostitution were to go away.
We still have that tiny, little matter of the 30 felony drug counts.
All right, well, show me the discovery.
'Cause you know nothing's gonna stick.
Come on, this is an election year witch hunt.
I'll tell you what I'm gonna do.
I like you, Morelli.
Not really, but listen, I'm gonna give you a taste, all right? - A what?! - Since you're so eager.
Oh! We'll be fine we'll be fine What are you talking about? The DA has got a video of you dancing around a hotel room in your underwear.
Underwear is not illegal.
In fact, it's advisable.
It prevents chafing.
Yeah, it also shows you popping pills.
One pill.
I took one pill in that motel room.
And you said Lucy Cardell she was a masseuse.
Well, the DA found out you met her in a strip club.
That's not incongruous, and there's nothing illegal about a strip club in Vegas.
- Ugh! - I know it doesn't look good, but I'm a single senior citizen.
My wife, god rest her soul she's gone now.
We have to work do.
We have new challenges.
Where the hell's Dean? Did he go to the hospital and see Lucy? Pete.
Yes, he made it to the hospital this morning and saw her.
- But she doesn't need a lawyer.
- What? She's the State's witness, she helped set up the sting.
Lucy? Yeah, Lucy.
They pulled her over for a routine traffic stop, they saw some pills, and I don't know.
Your name came up.
My name?! How did my name come up? I don't know.
Typical D.
A.
B.
S.
I haven't gotten the discovery yet.
Sons of bitches.
They threatened her.
Found out somehow that she knew me and concocted a plan to bring me down.
Homo homini lupus.
Man is a wolf to man.
A wolf.
They used that girl as a pawn, and that is entrapment.
In fact, that's our defense.
Uh, Your Honor, uh, the DA is going to milk that video any way they can.
As your attorney, I I recommend that you consider taking a plea deal.
Absolutely not.
They compel me to step down from the bench.
I belong on that bench.
And I'm not going to reward the DA for a clear abuse of power.
Here it is Sorrells v.
United States.
"When the actions of government officers entice or lure an otherwise law-abiding person to commit a crime, that shall be considered entrapment.
" You can't find a more law-abiding citizen in Nevada than me, Morelli.
Not last night you weren't.
An aberration.
I have no history of such admittedly regrettable behavior.
- No history.
- I was enticed, I was lured.
It's entrapment.
It's in the rule.
All right, Judge.
You think this Lucy's gonna tell them the same thing? She will, guaranteed.
Okay.
Oh.
Lisa.
Bennett Perkins.
How are you? I'm well, thank you.
Nice to meet you.
Yes.
Tell me, how is Ms.
Lee doing? I trust she's avoiding milkshakes and whip cream? Hmm.
Well, she was shaken up by the whole ordeal.
Said it was a very scary thing, to feel your windpipes closing up.
But thank God, we think she's going to be all right.
- Well, I'm sure she will be.
- Yeah.
Allergies are more annoyance than anything else.
Hmm.
Now, we've gone ahead and drawn up some papers.
Uh, pa-papers? Well, we-we haven't had a chance to discuss a settlement yet, and we were thinking that We're offering $15,000.
$15,000? We think that's fair.
We're not gonna go any higher, and I'm sure you don't want to go any lower.
Thank you for, um, putting this offer together.
We will consider it, and I'm going to take this back to my boss right now, and Actually, uh, no.
We were under the impression that we were talking to someone that had the power of attorney.
This offer comes off the table if you leave.
I'm sorry.
But we really would like a decision.
Well good afternoon then.
Hey.
Hell of a way to make a living, Tony.
No smoking in the GTO.
What do you got? Divorce case D'Amato, Fiorita, Samuels.
Those shysters? Yeah.
Wife's in the red dress.
I take it that's not the husband.
That's why you make the big bucks, Nick you're smart - like that.
- Ha, ha, ha, ha.
Here we go.
Well, she's a kisser.
What have you got for me? Uh, Judge Max Hunter.
Ugh! District court pain in the ass? Yeah, that's the one.
I need anything and everything you can find on him.
I can't tell if he's telling me the whole truth and nothing but the truth.
Look, I need to do it for his sake.
Got a copy of the arrest report here, and there's a stripper involved.
Of course there is.
Lucy Cardell.
She works at the Swann's.
I need anything and everything you can find on her.
You got it, boss.
What's with the cigar? This is a Mexican cigar.
Well, uh Good morning.
When a public official, a judge, violates the public trust, well, the public faith must be restored.
Now, it is my job as district attorney to see to it that that faith and that trust are rebuilt stronger than ever before Morelli! Mr.
Morelli? Mr.
Morelli, care to comment? Yes.
D.
A.
Robart can say what he'd like about Judge Hunter, 'cause he'll be off the case by tomorrow.
I'm filing a motion to dismiss the D.
A.
's office based on bias and malice toward a fine judge.
That's all.
Thank you very much.
A fine judge, my ass.
- You'll never win that.
- I know.
But 250,000 prospective jurors just heard that you are biased and malicious.
Payback's a bitch.
You are not wearing that to the arraignment! Of course I am.
I'm a judge, and I intend on remaining one.
Gentlemen.
I have discovery for you, Morelli.
About time.
The good news we're dropping the prostitution and the weapons charges.
'Course you are, you scumbags.
Let's go.
All right, Miss Jones, I accept your guilty plea to five counts of felony theft.
Do you understand by entering this guilty plea? Son of a Son of a I knew it! Temperament, Counselor! What is it? Temperament, my ass! You said Lucy wouldn't talk history! Right here in her witness report, she says "I've known Judge Hunter for eight months, and we've used drugs together for four of them.
" Let me see that! Ah, that just did it.
That just torpedoed our damn defense.
I can't tell if this is the hummus or the baba ghanoush, can we - please get a little more light in here? - No! No.
No lights, no phones, no nothing tonight! I don't want him to know that we're even here.
- Who? - Hunter.
I don't want to see the guy, I don't want to hear the guy.
I I need to hear myself think.
Good call.
He's been wrong this whole time.
Yeah, he's been lying the whole time.
Tony dropped these off.
Old arrest reports for Lucy Cardell.
All drug-related.
We can use these to attack her credibility, right? Say she's lying about the judge just to get immunity.
Could rip her apart.
Yeah, we could, but I don't think we'd do it.
Look, Lucy's had her run-in with drugs before, but she never went into a coma till the night of the sting, right? Why? And why is the judge so sure that she won't betray him? You know what? Maybe these two care about each other.
And if they do, I say we take our cues from the DeLorean and Barry cases.
Wait a second.
I thought DeLorean and Marion Barry won on entrapment.
Most people do, but their lawyers never even mentioned the word.
They just convinced the jury that the government went too far, that they were the bullies.
That's right, and they put their clients in a human light, gave their actions context.
Come on, Nick.
We're talking about Judge Hunter here.
I mean, how do you humanize that guy? It's like trying to humanize a weed whacker.
I don't know.
I thought he was really nice.
Would you ever consider putting the judge on the stand? No.
Believe me, he wants to, but it'd be suicide.
The jury would hate him more than we hate him.
All comes down to Lucy, doesn't it? You know, if she does care about the judge, then she was coerced into turning on him.
She becomes our witness.
- Morelli! - Get down! Get down! Down! Pete, get down! Under the table! This is so stupid.
Zoey, the light, the light, the light! What is this, some kind of an amateur show? Sons of bitches! Is it safe? Yeah, it's safe.
All right.
Let's get back to work.
We've got trial tomorrow.
There.
After the defendant took possession of the narcotics, after pocketing them, what happened next? The police broke into the room.
That's about all I remember.
You can't remember because you were using those drugs, too? Yes.
You're a stripper, is that right, ma'am, and habitual drug user? Yes.
And Judge Hunter is a habitual drug user? Objection.
Sustained.
How many months have you and the defendant known each other and used unprescribed oxycodone together? Eight months.
And you met the judge how? At work.
At your strip club? What, the judge'd come in and spend his lunch throwing dollars on the stage? - Objection.
- Withdrawn.
One last thing.
Approximately six weeks prior to the night in question, were you yourself arrested for possession? I was pulled over for a missing brake light and they found pills.
After which you agreed to accept probation and drug diversion for your crime in return for helping the police arrest this defendant for his? Yeah.
Yes.
Thank you, Ms.
Cardell.
Good morning, Lucy.
Is it all right if I call you Lucy? Yes.
Lucy, you were pulled over for a missing brake light and the officer found pills.
Is that correct? I had four pills in a vial on the front seat.
He saw them.
Then what happened the officer put you in handcuffs? Yes.
He told me I was in a lot of trouble and I had to tell him where I got the pills.
Did Judge Hunter give you the pills? No, he didn't.
See, Lucy, that's where I get a little confused because I've got the arresting officer's report right here.
You mention Judge Hunter, but if he didn't give you the pills, why? How did his name even come up? I I thought if I let them know he was my friend, it might help.
I have a seven-year-old daughter.
- So you were scared? - Yes.
And they said they'd let you go if you agreed to trap him? - Objection.
- Let's be a little more precise, counsel.
Lucy, did the police make you aware of the consequences of a conviction on the charges you were facing? They said I'd go to prison and they'd put my little girl in foster care.
So you'd lose your daughter if you didn't help them? Yes.
That is a hell of a position for a young woman to find herself in.
All right, Lucy, according to the transcripts here, you and Judge Hunter entered the motel at 9:05.
Is that correct? You removed a vial of pills from your bag, you shake one into the judge's hand, he takes it, chases it with whiskey.
You take one out of the vial ingest it with whiskey.
Then, here.
He disappears into the bathroom, but then something else happens, something the judge didn't know about because he wasn't there when it happened.
Now, the police must have known because they were watching this monitor.
Here, you fill your hand with pills and take 'em.
Then chase it with whiskey.
And then again, you fill your hand with pills, ingest them, chase with whiskey.
That's an awful lot of pills and alcohol in a short period of time.
Why? Why would you do that? I don't know.
Is it because you felt like you betrayed a friend? - Yes.
- He's a friend, isn't he, not just a guy who comes in and throws dollars at the stage? Yes.
He never even watched me dance.
So what would he do he'd just talk? Yes.
We tried to help each other.
How, Lucy, how did you try to help each other? Objection! Counsel, where is this going? - Your Honor, you want to have a seat? - No, I want to know where this line - of questioning is headed.
- I beg your there is no I demand to know the relevance of this line of questioning.
I will establish the relevance as soon as you sit the hell down.
Ah, profanity.
$200.
- What? - You want some more? - What? - I will levy the fines in this court, Judge.
- You put me on the witness list.
- Over my dead body.
I'm the only one who can straighten this out! You sit down right now.
I think we could use a break.
What the hell was that? What the hell was that? That was me doing your job because you seem incapable.
Oh, cut the crap, Judge.
If you could have hacked this before the bench, you wouldn't be sitting behind it.
I assure you, sir, I have forgotten more law than you learned in night school.
- Is that right? - Guys, come on, come on.
You call that lawyering? You were just fishing for emotion.
I was trying to give the jury a picture of you other than the one of you dancing around in your underwear.
I will not have you asking questions which could compromise Lucy's immunity.
I will ask any damn question I please.
If I compromise her immunity, I will take her case.
Right now I'm trying to keep you out of jail.
We are losing big time.
I I don't care.
I don't want her on the stand again, and that's final.
I got to use the washroom.
Son of a Damn it.
That good, huh? You know, Pete, I can write the close of my life, but it doesn't mean diddly.
They're just words unless you get a glimpse of the man.
You got halfway there with Lucy.
Yeah, till he jumped up like a pompous ass, acting like he had something to hide.
I got half a witness and half a close.
All right, well, give it your best shot.
Let me know if you need any help.
Yeah, thanks.
Pete.
Hey, Lisa, nice suit.
Uh, that was a compliment, not harassment.
Accepted.
- Thank you.
- What's going on? Well, I went to see Bennett Perkins, the lawyer repping the restaurant where my client had her food allergy incident.
- Mm-hmm.
- He offered me $15,000.
Seems a little bit too high, doesn't it? Well, there are dumb lawyers.
Perkins didn't seem dumb; he seemed eager, too eager.
It just didn't feel right, Pete.
I turned it down.
Okay, you rolled the dice, I respect that.
How'd it go? Well, I just got a hold of this this morning the EMT report from the ambulance service that transported Sonya to the hospital.
Turn the page second paragraph.
Whoa, whoa, what the hell is this? What happened? I'm still getting all the details, but I don't think Sonya even knows it happened.
Good luck, Nick.
Oh, thanks, Zoey, I'm gonna need it.
- Hey, Nick.
- Hey, hey, hey, you got anything, you find anything out? Man, that judge he's a specter, leaves no prints.
He's a lawyer, you know, he knows all the traps.
Thanks for trying.
Look, I'm running late, why don't you give your invoice to Zoey? I did find something.
It's not about the drugs or the girl, - I have no idea if it'll be of any use to you.
- Try me.
The judge hired his own private investigator a few weeks before his wife's death.
I play poker with the guy, and he told me he sat on these photos for three months before actually he showed it to the judge.
Looks like you didn't get any sleep.
- You either, Judge.
- Oh, I never do.
You know, Thomas Jefferson never got more than two hours sleep a night, and yet he had one of the highest functioning brains in American leadership.
I didn't know that.
Look it up.
- Here.
- So what's on your mind, Morelli? You must have had a good reason to come over here instead of going straight to the courthouse.
Well, I think we should put another witness on the stand before we rest.
Oh? I've changed my mind.
I think you should go on the stand.
Really? Yeah.
Huh, good call.
You feed me questions that allow me to educate the jury on the law, and we'll win this thing together.
You got it, Judge.
You know, my great-grandfather opened one of the first silver mines in this state, so I know a little bit about metallurgy.
This is sterling silver, a very powerful alloy.
That's what a good legal defense should be a cohesion of metals.
You can't have the softness of the silver without the strength of the copper.
You'll be my silver, Morelli, and I'll be your copper.
Great, Judge.
Your Honor, the defense would like to call Judge Max Hunter to the stand, please.
Silver.
Copper.
Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth? I do.
Good morning, Your Honor.
Good morning.
How long have you been a judge, Your Honor? I have served the Commonwealth of Nevada proudly for 17 years.
And you've presided over trials of defendants facing similar charges to those you're facing, - is that correct? - Yes, I have.
And some of those defendants were found guilty, - correct? - Yes.
And some of the defendants were found not guilty, - is that correct? - It is.
Why? I mean, what makes the difference for a jury, finding someone guilty or not guilty? Well, the jury's responsibility Objection, Your Honor.
As you've already reminded the defendant, you give the instructions in this court.
Sustained.
All right, all right.
Your Honor, should context matter? I mean, in your opinion, should the jury's compassion and sense of propriety and decency factor into their decision about innocence or guilt? In my view, no.
The decision of the jury should be based on facts and the law.
So you wouldn't want to catch a break if the jury sympathizes with you once they've heard the context of your actions.
Is that true? No.
That should not factor into any respective juror's decision.
Well, I disagree with you, Judge.
I do.
I think context does matter.
That's why we pick a jury of our peers instead of 12 men or women heavily steeped in the law.
Kind of evens the playing field.
Objection, Your Honor.
I'm sorry.
Is there a question here? I'm getting there.
Judge, is there anything of significance that happened during the time you first started seeing Ms.
Cardell? I'm not going to answer that.
Your Honor, I'm gonna have to ask it again, then.
Objection, Your Honor.
Relevance! Yes, objection.
Relevance? Overruled.
The witness will answer the question.
It is well known that my wife passed away a year ago.
I'm sorry for your loss, Your Honor.
I'm sure we all are.
It's not to be considered an excuse for my behavior.
And counselor And was there something significant that you learned about your wife, after her passing, and before you met Ms.
Cardell, that affected you in any way? I'm not going to answer that.
No.
Margaret, - strike that question.
- Mr.
Hunter! The jury should ignore this line Mr.
Hunter, Mr.
Hunter! You will answer the question, and I remind you once more that you are in my courtroom.
I I'm sorry, Bob If you'd rather have me ask the question more specifically, I can.
I have photographs.
I found out that my wife had entered into an extramarital relationship of a romantic nature.
An affair.
I suppose it had been going on for a few years.
I would say, in the final analysis, that I probably drove her to it because I'm not the easiest guy to be around, 24-7.
I lost someone I dearly loved.
My wife, my my partner, and I'm not proud of how I responded.
But I do not regret meeting Lucy Cardell for one second.
She's not a stripper, sir.
She's someone's daughter, she's a mother, and she's a fine young woman.
Picture looks a little different now, doesn't it? Context.
I think it does matter.
Here's context for you.
The police pull over a young lady because she has a broken brake light, and find four pills on her passenger seat.
They give her 40 more pills for her to take to the judge, telling her if she doesn't cooperate, she goes to prison, and her little girl goes into the system.
What if they'd given her 100 pills? Should the judge be facing 100 counts? I don't know.
Is that the kind of power we want to give our government? How about the context that the prosecution's video gave us? The same young woman they forced to turn against a man she deeply cares about.
She takes a handful of pills, swallows them with whiskey.
A handful.
Enough to kill her.
And they just watched from the next room while those pills slowly shut down Lucy's system for almost 20 minutes.
Till finally the judge took their pills away from her.
He's the bad guy? Context.
I think it matters a hell of a lot.
$15,000? And you didn't take it? They're offering $20,000 now.
And I don't think we should take that, either.
I don't understand.
I thought you said the most they'd ever offer would be $6,000.
There's a lot more at stake than either of us thought, including your health.
I'd like to get you to see a doctor.
My health? A doctor? No, I'm fine.
I just have to keep away from dairy.
Sonya, listen to me.
Something went very, very wrong when the paramedics treated you that day.
This is your EMT report.
Your heart stopped, for 60 seconds.
In Nevada, that's the definition of being dead.
What? I I was dead? We're going to have to fight to find out who's responsible for this.
Nick! Bottom line is if you plead guilty to a lesser charge one count possession of a controlled substance they'll agree to probation.
A slap on the wrist.
Not quite.
Also, they want you to step down from the bench.
A slap on the ass.
They are running scared, Judge.
I say we pass, wait for the jury.
You think you won it, huh? No, I know I won it.
Know any other reason they would offer a plea deal after a closing argument? Never heard of it.
No, I know.
I saw it in the jury's eyes.
I'm good at that.
Would you believe I'm 79 for 79, predicting my own verdicts this year? You know, I'd believe you, sir.
Hell of a job, Morelli.
You did one hell of a job.
Not bad for silver, huh? Ah, you're gold, my friend.
But let's take the deal.
What? You were so effective at painting me as a flawed man, I bought it, myself.
You ever sit up on the bench when the judge is gone? Just to try it out? Oh, yeah, sure.
I mean, not in your courtroom.
It's nice, isn't it? That high perch, looking down on everybody.
What surprised me is how different it is from the witness's chair.
Just those two feet lower makes all the difference in the world.
Ah, Judge Judge, you have to think about this.
Sleep on it.
No need.
It's time I got my ass down from there, Morelli.
With or without the slap.
Okay, Judge.
Appreciate you coming by on a Saturday to help me out.
No problem, Judge.
Just put that there.
There.
You got that? I'm kind of glad to go without all the fanfare.
I'll just slip away quietly like the Baltimore Colts.
You know, originally, the Baltimore Colts started in Miami as the Miami Seahawks.
- Really? - Yeah, in 1946, they had one lousy season.
I think they went three and eleven, and then they left town in broad daylight.
I did not know that.
Thank you.
Good luck, Judge.
You know, Judge, it's, uh it's been really great to get to know you a little better.
So, you ever pass through these parts again, be sure to call us.
I I'll take you out for a beer.
"Pass through these parts again"? Who are you now, Pa Cartwright? You're so schmaltzy, for God's sake.
When are you going to grow a pair? - What? Uh - Ah, look.
When Diamond Ben Wilson hired me right out of ULV Law School to clean up a hole called the Wagon Train Casino, we turned that place around, flipped it, and made a killing.
"Shtraw" into gold.
Well, Nick, Pete, that's what I'm gonna do for myself right now.
"Shtraw" into gold.
I'm just going up to Yosemite for a couple of weeks, do some fishing, star gazing.
I'll be back down here.
I'm thinking of running for D.
A.
Really? Then I'll be seeing a lot more of you.
And you'll wish you hadn't saved me from disbarment.
"Next time you're around these parts, give me a ring"? Shut up.
"I'll take you out for a beer"? I swear to God, I'll punch you in the face this time.
"Oh, Judge, it's been great getting to know you I I really"