The Firm (2012) s01e20 Episode Script
Chapter Twenty
Joey: A friend of mine has been charged with murder here in DC.
His name is Patrick Walker.
I want you to represent him.
He's been framed for a crime he didn't commit and I want him out.
Here's my offer: You are gonna handle the case.
If you do, the McDeere and Morolto families will be square.
The victim's body was found in the trunk of your car.
I've never met Charlotte Miller.
My client didn't even know the victim.
That suitcase, it weighs 117 pounds.
You know why? Charlotte Miller is in that bag.
Antonio Cervino, how do you think he feels about the new kid in town.
Mitch: Your consigliere is upset about being replaced, so he figures out a way to eliminate the competition.
You're asking for permission to accuse my top lieutenant of framing Patrick? Yes.
Coleman: Antonio Cervino, he took two in the head.
We found him in a garbage dumpster.
You killed him.
It seems to me he got what he wanted.
Now you can argue Patrick was framed.
I don't think a dead man will mind.
I missed you.
I've been doing a lot of thinking and And it's time for you two to go.
Dad! You're home? I just told Ray I was losing my mind, so I I could be hallucinating.
Going was the right thing to do.
It brought me back.
I thought I was gonna die.
I didn't know what would happen to you and Claire.
And when it was done, I was just so angry.
But I don't want to be angry anymore, Mitch.
No, neither do I.
What happened It wasn't just you.
It was also me.
No, Abby, you were right.
I should have just walked away.
You couldn't walk away, you never could.
Look, and we could sit here and tell each other how this will never happen again, but something will.
Something always does.
Abby Look, I talked to my mom.
We talked about you and me.
And about why she and my dad were so against us.
They just wanted you to be safe.
From you, yes, but also from myself.
That streak, that reckless need to know, to push for the truth, to get played, and then just come back and try to figure it out, we both have that.
We're a horrible team.
And I love it.
So do I.
I just needed a minute to remember how much.
We made some mistakes.
But we can start over.
At least until the next something happens.
Abby, that something already happened.
I don't know how to tell you this, but somebody came to my office.
Just say it.
Joey Morolto Jr.
, he knows where we are.
They have been watching us since we left the program.
[.]
[.]
[Quiet sigh.]
So, what do you think? If you need more time, I So if we get Joey's friend released, he forgets the past, and he leaves us alone, - that's the deal? - Yep.
His name's Patrick Walker.
He's a graduate of M.
I.
T.
, an economist at some think tank.
But that's just his day job.
Yeah.
Ray and I think that he is the new consigliere for Joey.
Lewis and the FBI, they think so too.
My God.
Lewis, he knows you're doing this? Yeah, he flipped out when I first told him, but Honestly, I think he understands why I want to take the chance.
I can't disappear again, Mitch.
I love you, but our marriage wouldn't survive that.
And Claire I get it, she can't run forever because of the choices that we made.
But she will be, she will be running for the rest of her life.
Unless we finish this now.
So I'm in.
For whatever it takes to win this case.
And put the Morolto family behind us.
It could go bad.
We could lose, or Joey could come after us anyway.
We won't lose.
And at least this time, we are going in with our eyes open.
Maybe we could ask Lewis to put someone on Claire at school.
Yeah, yeah, I'll get on it right away.
Are you gonna go back to work? No, not now.
If we're gonna do this, we'll do it together.
Ray: So she's in? Let me guess.
You didn't tell her that Joey just killed his old consigliere.
Not yet, give her some time to adjust.
- Did you tell Tammy? - Just did.
The rest of the phone call was pretty much just her screaming, but I talked her down.
Yeah, so what's the deal? She divorced yet? Just about.
She found Elvis at a truck stop in mobile.
Finally got the papers signed.
Great.
Because we are gonna need everybody working.
Abby's coming in later.
Give her everything you know on Walker so far.
Hey, I'm happy for you, man.
It'll be great to see you two get married.
Where you going? I'm gonna go see Joey down at the prison.
Sounds like there's some new problem with the case, but he wouldn't say what it is.
Joey: You're damn right there's a problem.
This prosecutor's killing us.
What the hell's his name? Alan Harper.
Yeah, well every time I turn around, he's burying Patrick on the news.
Okay, I'll talk to him.
He shouldn't be trying this case in the press.
But either way, Alan Harper is a problem.
He is smart, ambitious, thorough - How thorough? - I don't like that question.
Why, is there something that he shouldn't find out? Yeah.
Maybe.
You told me to be honest with you, even if it's bad.
At least then you're not caught off-guard.
I'm listening.
Rough sex, that's the prosecutor's theory.
Yeah, the autopsy report says it was aggressive intercourse and that the victim was strangled.
They assume that you were wearing a condom which is why there's no DNA.
There's no DNA because I never met her - ever.
Just tell him, Patrick.
I had a situation in college.
There was a girl from DC I dated a few times.
She filed a complaint against me with the campus police.
She said that I had tried to choke her during And that she said no, and that I wouldn't stop.
That is what lawyers call a prior bad act, Patrick, and that one is particularly bad.
Look, it's not a big deal, okay? No charges were ever filed.
After a few days, she declined to press charges.
The whole thing got blown out of proportion.
We just don't want it blowing up in our face at trial.
So What do we do? Ray: You told him to be honest.
That's better than hearing about it in court.
Her name is Wendy Vail.
This happened when Patrick was a junior at M.
I.
T.
So, what, seven years ago? Sounds pretty damaging.
We can ask to keep it out.
But you can't offer a prior bad act to prove propensity to commit a crime.
Say again, English.
You have to prove the crime that's been charged.
You can't say that because someone's been violent before, that means they'll be violent again.
If that's the rule, then what's the problem? There's a lot of exceptions to the rule.
And Harper, he's smart enough to come up with a good argument against us.
- Does he know about this woman? - That's the issue.
We can file a motion to suppress to see if the judge will keep it out.
But if Harper doesn't know about it, then we're handing him evidence that hurts our case.
I think we should wait.
I agree, we can't risk tipping him off.
Let's just get ahead of the game, and be ready.
All right, I'll go talk to her, see if she gives a statement.
Maybe she'll downplay the whole thing like it was no big deal.
You want to go for a ride? Not that the ladies don't love me, but Maybe she'd prefer to talk to a woman.
Sure.
I just need to be back when the marshals drop Claire off at home from school.
Hey, you just got back, you don't need to do this.
No.
Whatever it takes.
Glad you're back.
Are you okay? Yeah.
I mean, you know, it'll take a while to be really okay, but I'll get there.
He missed you.
How 'bout you? Yeah, I missed you too.
I meant Tammy.
She's been gone a while.
She'll be back by the weekend.
I told her I was thinking of a long engagement, um, like, around ten years.
[Chuckles.]
She must have loved that.
Look, okay, here we go.
Take a shot, I'll hang back.
Excuse me Wendy Vail? Yes.
I'm Abby McDeere.
I was hoping to talk to you for a minute about Patrick Walker.
Stay away from him, that's all I have to say about Patrick.
I'm on his defence team.
It's about a complaint you filed a few years ago.
Yeah, he said you'd try to find me.
Who did, Patrick? You've talked to him recently? Not Patrick.
Alan Harper.
The prosecutor? You've already talked to the prosecutor about the incident? "Incident"? Patrick tried to kill me.
Mr.
Harper said I didn't have to speak with the defence.
I'm testifying.
You can hear it then.
Hey, Harper! Mr.
McDeere, what do you want? I want you to stop trying my client in the press.
Oh, spare me the ethics class.
Maybe you should take one.
Or maybe you forgot it's improper to tell a witness not to talk to me.
I have no idea what you're talking about.
I'm talking about Wendy Vail.
Ah, the lovely woman your client tried to choke to death.
To be clear, I never told Wendy Vail to do anything.
I simply informed her of her right not to speak to you.
If she seems a little reluctant, maybe it's because your client tried to kill her.
I have asked them to preclude her testimony.
It is a prior bad act that goes to propensity.
We'll see.
I'm surprised your client even told you about her.
I was hoping to sandbag you at the trial.
It's inadmissible, Alan.
And it was seven years ago! How did you even find it? Well, I'd tell you to ask around, McDeere, but we've argued against each other before, so you know what I'm capable of.
I've had Wendy Vail's name for weeks.
So you have the complaint she filed with campus police? I do.
I subpoenaed the investigation, filed two weeks ago.
My copy should be ready this afternoon.
Well, it's discovery.
You have to give that to me.
Not until the day of the hearing.
You could put in a subpoena of your own, but the college needs at least two weeks to fill a request.
So that's how it is? That's exactly how it is.
You're playing catch-up on this one.
But look on the bright side: After you lose the motion, you'll have more time to focus on losing the trial.
This guy's good.
If we want a chance with this case, we need to step it up.
Which means we can't wait to see what Wendy Vail's going to say until the day of the hearing.
We need that file now.
The college has a satellite office in DC, I'll see what I can do.
Actually, maybe Abby could cover that.
I want you to cover the Morolto club.
- All right, is that okay? - Yeah, I'm in.
The prosecution thinks that Patrick and Charlotte Miller were at the Morolto club the night of the murder.
So Bouncers, friends, security video.
Anyone who saw them either at the club together or leave together.
On it.
Now, look.
We are behind.
But we can win this motion and this case.
Hi, I'm here regarding a subpoena we sent for a complaint involving Patrick Walker.
Of course, from the us attorney's office.
Yes.
Your office said someone would be coming by.
Everything is right here, all ready to go.
By the way, um, I'm a third year law student hoping to get a job in the us attorney's office when I graduate.
Any tips? Don't trust defence attorneys and their teams.
You never know what they're up to.
Okay.
You can't just walk out with it.
Why not? They assumed I'm with Harper's office.
They have no clue.
Until someone from Harper's office comes to pick it up.
Then they will have a clue.
Good point.
I'll fix it.
I'm Tracy Van Horne, I'm from the US Attorney's office.
I'm just here to pick up a file.
[Beep.]
Oh, come on! Come on! [Rings bell.]
Man: Sorry for the delay, how can I help you? Van Horne: I'm from the US Attorney's office.
You have a file for me on Patrick Walker? I was told somebody already came and picked it up.
Really? No, I'm the one picking it up, and I just got here.
Uh You're right, here it is.
Ma'am, did you need help? No, I have everything I need.
That is the victim.
I'm looking for footage from the night of the murder that shows her with Joey's friend Patrick.
Yeah, I've been going through the files.
Gimme a minute and I'll show you what we've got.
All right.
Well, well, look who's back.
Anything I can help you with? No, I'm good.
Looks like you've seen better days.
Between us, things are gettin' a little tense around here.
I'll bet, with your old consigliere showing up dead like that.
I'm sure that causes a lot of problems.
The problem is, a lot of our guys think Joey's behind it.
- But you don't? - I stand behind my boss.
But if Joey's not careful, he's not gonna come out the other side of this.
So Patrick told us the truth this time.
The campus police stopped the investigation.
- At Wendy Vail's request.
- Why? In her statement, she made it pretty clear that Patrick tried to choke her.
I had the same question, why pull back? Well, maybe because she realized it wasn't true.
Patrick wasn't trying to kill her.
They were just kids experimenting.
I don't think so.
The campus police started looking into Wendy's sex life.
Turned out there were other boys who said that Wendy wasn't against the idea of rough sex.
- How many? - Two.
This is what happens, they blame the victim.
She consented before, so she must have consented again.
And she was young! No wonder she didn't want to go through that in public.
Abby, we have to use this.
It's technically relevant.
If Wendy gets on the stand, and acts shocked that Patrick choked her We should keep this about Patrick and Wendy.
Whatever happened in Wendy's sex life before that is none of our business.
It just doesn't work like that.
Well, we work like that! You're saying that they can't use propensity evidence against Patrick, but we should use it against Wendy, why? Because it is effective.
These things tend to get ugly.
Well, if Patrick wants ugly, he can get somebody else.
Look, I don't like it.
But, Abby There is nothing about this case that I do like.
[Door opens.]
We need to win.
[Door closes.]
You know what happens if we lose.
Ray: Maybe we won't lose.
Surveillance from Morolto's club.
Shows Charlotte Miller arriving and leaving with friends.
- No Patrick.
- What about inside? Shows that they're both there, but there's not a single frame that shows that they actually spoke to each other.
This is good.
I don't know how she ended up in his bed, but if Harper's planning to argue that they hooked up at the club Didn't happen.
Harper: I don't see your point.
You can't block my access to the witness.
We are asking that she be made available.
And I resent your accusation.
You can resent my accusation on your own time.
Can I speak to the court, or do you resent that also? I don't resent you, Mr.
McDeere.
Your Honour, we have made multiple efforts to speak to this witness.
Her name is Wendy Vail She doesn't want to talk to the defence! Because you told her that she didn't have to! Because I advised her of her right to decline an interview.
Mr.
Harper, have you in any way informed the witness that she should not speak with Mr.
McDeere? No, your Honour.
As you'll see, Wendy Vail is highly emotional.
Even years later, her experience with the defendant is We can get you a microphone and a chair if you plan to testify.
My point is, getting this witness to talk was difficult.
I spent an hour alone with her convincing her to take the stand at all.
Time you'll never get back, Mr.
Harper.
Much like the time I'm wasting right now.
- Your Honour - She doesn't want to talk to you, counsel.
It happens.
If she says anything you didn't expect, I can give you more time to regroup before cross.
Thank you, your Honour.
No, thank you, Mr.
Harper.
It's fun-loving guys like you that make my job a laugh-riot.
Call your witness.
- We get a continuance? Abby: - Not yet.
I'm headed to the courthouse now.
Where are you? I pulled a few still shots from Charlotte Miller's video of Joey's club the night of the murder.
And found something? She showed up with a friend, a regular.
I talked to the bartender.
Said her name was Melanie Reid, works at the Capitol Hilton.
Great.
Maybe she can tell us what happened to Charlotte.
At this point, we don't know anything about her.
Another week, there's nothing we won't know.
- I'll call you later.
- 'Kay, bye.
Hi, can I help you? Mitch around? Uh, he's in court.
I'm sorry, did you have an appointment? No, but I can make one.
First name Joey, last name Well I think you know the last name, don't you, Abby? I gotta say, all that time watching you and your family, I feel like we know each other.
Joey Mitch'll be back soon.
Would you like to wait, or should I have him call you? He told you about our arrangement? M-hmm.
You're okay with that? I want you out of our lives.
So, if that's what it takes, then, yes, I'm okay with that.
Is it true? If we get your friend released, you'll leave us alone? That was the deal.
Is it true? See, now, here we've just met, and you've already insulted me.
I get the feeling you don't trust me.
I was very young.
I put myself in dangerous position.
Did you know the defendant? Yes, I thought so.
We met that summer here in DC.
We were both twenty.
Both about to be juniors at college.
You dated? A few times.
But I was at G.
W.
And Patrick was at M.
I.
T.
, so when his internship ended at the end of the summer, that was it.
Until when? A few months later.
That October.
Some friends decided to take a trip up to Boston, so I called Patrick.
And did you see him? Yes, we met at a bar.
[Door opens.]
We both had fake ids.
We had a beer.
And then we went back to his place.
We had sex.
It was consensual - I never said that it wasn't.
But what happened He tried to choke you.
- Objection.
- Sustained.
Let her tell me, Mr.
Harper.
- Of course.
- Yes.
At first it was just his hand on my neck.
But then he was choking me.
I tried to stop him, I told him to stop.
But The look in his eyes, it was rage.
I'd never seen him like that before.
I knew he was going to kill me.
- Objection.
- Overruled.
Take your time, Miss.
Vail.
I don't know how, but I fought him off.
I just remember him laughing.
And I got out of there.
And you notified the campus police? Yes, not that day, but A couple days later before we left Boston.
When I heard that he'd killed another woman Strangled her I just, I knew that could have been me.
Nothing further.
Two days? You thought he tried to kill you, but you waited two days to file a complaint? I was terrified.
All I wanted was to go home.
By your own admission, you were drinking that night.
How many beers had you had? - One.
- You remember that clearly? It was seven years ago, and you know exactly how many you had? I remember everything about that night.
You told the campus police he tried to choke you.
That you were scared.
But you never said that he was trying to kill you.
- He was.
- You say that now.
But back then, you never used those words.
"There was rage in his eyes" Also something you never told the campus police.
He wanted to strangle me.
Really.
And you had never tried anything like that before? Objection! Better have a good faith basis for that one, counsel.
I do, your Honour.
The campus police did an investigation and they determined that there was evidence that Miss.
Vail was not opposed to the idea of rough sex.
How dare you.
This is why I didn't want to pursue the complaint.
- Miss.
Vail - - I'm not a child.
I know the difference between experimenting with someone you love and what happened that night.
The objection is overruled.
You made your point, counsel.
Let's not dwell on it.
I got that from the security footage at Roma.
You were there the night that Charlotte Miller was killed.
You're with the defence? Then I can't help you.
I'm serious.
I know.
Your mouth kind of curls up on the side when you're angry.
Look, I just want the truth.
Anything you can tell me about that night? Not really.
We had fun.
Hadn't seen each other in a while.
Charlotte had a crazy schedule.
She traveled all over the world with Cloud Ten.
Cloud Ten, I don't know that.
Momost people don't.
It's one of those private jet companies.
Very exclusive.
Charlotte was a VIP liaison.
- Meaning? - She was never here.
At Cloud Ten, you don't just book flights for clients, you travel with them, provide full service, 24-7.
London, Paris, Dubai Th's's how we know each other.
I book a lot of our high-end clients at our hotels.
Don't take this the wrong way, but Vip liaison, 24 hour service, that sounds like she might have been an escort rather than a travel companion.
Not Charlotte, she would never do that.
I mean Don't get me wrong, she got plenty of attention from crazy-rich clients Good attention, or bad attention? Some bad.
But she never dated the clients.
Except once.
The guy's name was Alexi Dovak.
He got a little obsessed.
I'll check that out, thank you.
Um This guy they arrested, Patrick Walker.
You know him? Never seen him, never seen Charlotte with him.
When we left the club, she got into her car.
I assumed to go home.
Thanks again.
First, I want to welcome everyone and say thanks for coming to DC.
My business here prevents me from being home right now.
When you comin' back to Chicago? I don't know.
My childhood friend Patrick is facing a murder trial.
I'm here to see that goes our way.
Your childhood friend? That's what you call him? That a problem, John? Yeah, that's a problem.
I'd say it's a problem when my boss names a new consigliere and hides it from the family.
- John, remember where you are.
- I know where I am! I'm at the family table where I've been for the last twenty years.
Johnny, please.
The family table, where I sat with your father and Antonio, wlle your mother wiped your nose! Careful, Johnny.
I'm done bein' careful! You killed Antonio.
He was still this famils s consigliere, but you took him out for your childhood friend.
A kid who isn't even Italian.
Let him speak.
Sorry, Joey, but you're not cut out to be boss.
You kill Antonio, but McDeere still lives? You're not my boss.
Well there's the door.
And anyone who agrees can go with him.
Joey, Johnny.
Come on, don't do this.
This isn't over.
Finally, something we agree on.
Your Honour, the law is clear.
You can't offer a prior bad act as propensity.
That's not what we're doing.
Of course you are.
You're saying that because my client tried to choke Wendy Vail, he must have strangled Charlotte Miller.
It does look that way, Mr.
Harper.
You know the rule.
The rule has exceptions, your Honour.
Well, if one of them applies here, now would be a good time to say so.
Intent.
Prior bad acts are admissible to prove a defendant's intent.
Well, go on, I'm not rolling my eyes yet.
We don't know if this crime was intentional or reckless.
But the fact that he purposefully choked Wendy Vail proves his intent.
Oh, come on, you said so yourself, you thought this was manslaughter.
What I think has no bearing on a jury.
I'm legally entitled to make this argument.
And you would, because that's the kind of prosecutor Hey, I'd leave personal judgements out of this.
You're the one who just threw a young woman's sexual history at her like a weapon! And my associate, Miss Van Horne believes you stole our file.
Gentleman! As much as I enjoy this back and forth, you can see from my face how much that is, I think I'm ready to rule.
Your Honour, if nothing else, the prejudicial value here Outweighs the probative, I know that that's the risk we take.
But, if I have this right, your client claims he was framed, is that correct? Yes.
Then I'm inclined to compromise.
Mr.
Harper, you can't use Wendy Vail to make your case.
But if you tell a jury that your client is not the kind of guy to choke a woman, or that he's just generally a very peaceful individual, I'm letting her testify.
But you're limiting my defence.
Just keepin' it real, Mr.
McDeere.
My daughter likes to say that, and it turns out so do I.
We're adjourned.
Well, that's a good result; at least Harper can't use that in his case.
Yeah, but to defend Patrick, we'll have to open that door.
She will testify.
Mr.
McDeere, any comment on the judge's ruling? No, other than we are thankful that they excluded the evidence in the government's case That doesn't bother you? Your client almost killed another woman.
You don't think a jury should hear that? We will try this case in a courtroom, not here.
Thank you.
What happened to the Mitch McDeere who took down Noble Insurance? Thank you very much.
- Why did you take this case? - Thank you.
[Elevator button clicks.]
Can you give me a sec? - I've got to use the restroom.
- Yeah.
You okay? [Door shuts.]
Hey, listen, you did fine.
Testifying isn't easy.
- You were there? - Yeah.
I know you're upset, but The judge was ruling on the law.
He wasn't ruling on you.
You don't understand.
I'm not upset about the ruling.
I'm upset about what I said on the stand.
I mean, it happened.
He did try to choke me, but That stuff I said about the rage in his eyes, and that I knew he wanted to kill me It wasn't like that.
Wendy, you were under oath, why did you do that? I just went too far.
I wanted the judge to believe me.
And that poor girl that Patrick killed.
Patrick could be innocent.
You need to tell them the truth.
- It's too late.
- It's not too late.
The testimony you gave changed the trial.
The defence is worried about a jury hearing - I have to go.
- Wait! Maybe I won't have to testify.
I'm sorry.
Wendy lied.
I just talked to her.
You saw Wendy? In the bathroom.
She's upset.
About what? What she said on the stand.
She admitted to going too far.
She made the attack sound worse than it really was.
Why would she tell you that? I don't know, but she's She's emotional.
I mean, it's traumatic to get on the stand.
We have to tell this to the court.
Can you? I mean, how does it work? Can you just get her back and make her tell the truth? We'll see.
Is she still here? I don't know.
Mr.
Harper should be here any second.
I have to say counsel, in all my years, this is a first.
For us both, your Honour.
A witness recanting in a ladies' rest room And to the defence attorney's wife.
I didn't expect it either, your Honour.
I was just asking if she was okay.
You shouldn't have been asking her anything.
Take it easy, Mr.
Harper.
We're all friends here.
Except for the fact that we all seem to dislike each other.
Your Honour, I object to this meeting.
I object to Ms.
McDeere approaching the court ex-parte about a witness.
A witness who perjured herself.
Don't worry, we didn't discuss anything, Alan, I know how you hate to miss an argument.
Mrs.
McDeere, obviously we're out of everyone's comfort zone here.
Are you certain Miss.
Vail told you she fabricated testimony? Yes.
She did say that the attack happened.
But she made it sound more aggressive than it really was.
More aggressive, those were her words? No, uh Her exact words Well, I'm not sure what her exact words were, but she made it clear that she embellished on the stand.
In what way? She said that Patrick wasn't in a rage.
She didn't think he was going to kill her.
How convenient.
I was in that courtroom, your Honour.
You had the chance to assess her credibility.
She told the truth.
- You can't know that.
- I trust that.
A lot more than the word of my opposing counsel's wife.
There is a simple fix, your Honour.
Ask her.
Put Wendy Vail on the stand, and let's set the record straight.
No.
The court has limited my defence all based on the testimony of a witness who may have committed perjury.
Mrs.
McDeere, did Miss.
Vail volunteer this information, or did you pull it out of her? I'd say she volunteered.
- Fine, get her back.
- Your Honour Get her back, Mr.
Harper.
Either she stands by her story, or she doesn't.
Ray: When is your flight? I already said I'd pick you up unless something big happens.
Tammy, you just spent a week looking for your last husband.
Compared to him, I'm Mr.
Reliable.
Look, I gotta go! I'll talk to you tomorrow, and everyday until I die because we're getting married.
Alexi Dovak, Ray McDeere, Private Investigator.
Sorry, I have to run.
Call my office, you can schedule an appointment.
This is about Charlotte Miller.
She was killed two weeks ago.
Strangled.
I read about it; Saw the prosecutor on the news.
You know her? You know I did, that's why you're here.
I don't have time for small talk.
Why don't you just ask me if I killed her? Why don't you just tell me if you did? Charlotte worked for Cloud Ten, they coordinate my travel.
Word is you were interested in more than just travel arrangements.
That's true; Charlotte was a beautiful woman.
I may have crossed the line once or twice, tried to make our business personal You were rejected, that must have pissed you off.
Please, I run a technology company.
I'm a pretty resilient guy.
And anyway, I heard they arrested someone.
We think he was framed.
Oh, and you're looking for another suspect? Sorry, but I'm not your man.
[Engine starts, door closes.]
Here's a thought.
Maybe the guy wasn't framed.
Maybe he's guilty, and you're being played.
That ever occur to you? Yeah, it crossed my mind once or twice.
I'm sorry, I told you what happened.
I really don't want to go through it again.
I understand, Miss.
Vail.
But apparently, you had a conversation with Mrs.
McDeere in the ladies' room afterwards.
I I did speak with her.
We can make this very simple, Miss.
Vail.
You took an oath to tell the truth before you testified at this hearing, correct? Yes.
And did you, in fact, tell the truth? Or are you now changing your testimony? Judge: Answer the question, Miss.
Vail.
I told the truth.
Nothing further, your Honour.
- This time we move for - Not so fast, Mr.
Harper.
Mr.
McDeere, your witness.
You spoke to my wife in the restroom, didn't you? Yes.
You were upset because you said some things that weren't true.
You made the attack seem worse that it actually was.
It's not too late, Wendy.
Perjury is a crime, and you can fix this.
If you cure the perjury now, you cannot be charged.
- Objection! - Overruled.
My patience is thinning, Miss.
Vail.
- I can't.
- You can't what? - Why did you lie? - I didn't.
I just made it sound worse than it actually was.
He wanted me to.
He showed me a picture of that girl, Charlotte.
He told me if I didn't testify, and make it right, Patrick would get away with murder.
Your Honour, move to strike, move to strike that entire answer! Denied.
I'm sorry, what I said about Patrick's rage.
About knowing he wanted to kill me.
Mr.
Harper was pushing me.
- Your Honour! - I said denied, Mr.
Harper.
I won't stand here and be accused of professional misconduct! And I won't stand here while you bully this witness.
Enough! Chambers, both of you.
And all three of us may not come out alive.
Get in here, let's go.
Your Honour, I've been doing this a long time - Did you coach that witness? - No.
- Did you coach that witness? - No, I did not! And I take offence at the very suggestion! It's not a suggestion, it's an accusation made by the prosecution's witness! A witness who had nothing to say about me until after a discussion with your wife! Are you honestly suggesting that my wife encouraged this? I don't know.
You spent an hour alone with Wendy Vail convincing her to testify.
That's what you said.
And I conducted myself like the professional I am.
And yet we have a witness who seems pretty clear of the opposite.
- So what gives? - Somebody got to her! Joey Morolto, or one of his guys! Not possible, the witness recanted minutes after she testified.
Morolto was not in the courthouse, nor were any of his associates.
Aw, they threatened her.
Somehow they intimidated Wendy Vail into changing her story.
Another theory! I'm done with theories; I'm switching to facts.
Fact: The allegation has been made and now it has to be dealt with.
Fact, Miss.
Vail's testimony is now less than credible.
I'm precluding her from taking the stand.
- For either side.
- And Alan? We are moving that he be disqualified Granted.
I don't know if it happened, Alan.
I'd like to believe it didn't.
But now that's for the bar to decide.
Have your office assign someone else.
You're out.
Mitch: You know I prefer to meet in my office.
And you know I don't care what you prefer.
What's the update? Well, Wendy Vail's testimony's been precluded, and Alan Harper's been removed from the case.
Are you happy about that? Yeah, it's helpful.
Harper's good, so we definitely caught a break.
Yeah, well, what we need is a defence.
We are working on it.
Ray has got the surveillance footage from your club, and there is no evidence that Charlotte or Patrick were there together.
That's good work.
And I think good work should be rewarded.
Hand me that case, would you? Whoa, Joey [Snickers.]
Relax.
It's not for you.
This is it, Mr.
Morolto.
Thanks, Eddie.
What the hell's going on? There's something I wanted you to see.
[Lowers window.]
If this is some drug deal, or other business of yours, I want no part of it.
Drugs? You know, sometimes you really hurt my feelings.
So what did you think? Joey: Good work.
And I was just saying good work should be rewarded.
Hi counsellor.
So Harper was right.
You got to her.
But you didn't intimidate her, you paid her off.
Was that his guess? [Snickers.]
Well, he had the right idea.
I don't get it.
How was there enough time to make a deal after she testified? When did you arrange this? Now that's the right question.
When do you think? We reached out to Wendy Vail weeks ago Long before you knew she existed.
Long before Harper knew she existed.
So you sent her to Harper? Well, we approached her first to see if she'd be interested.
Her complaint back then was real, so we didn't know if she'd go for it.
But it's amazing what people will do for a few hundred grand.
And we knew Harper would bite.
Young woman, almost choked to death years ago - it was perfect.
- So this whole thing? Wendy testifying, changing her story, accusing Harper Yeah, we set him up.
Don't look so surprised.
I'm sorry we had to get Abby involved.
Why am I here, Joey? I didn't to see this.
You could've paid her off without telling me.
Yeah, that's true.
But I wanted you to know how seriously I take this case.
And why.
Harper was a problem, and now he's not.
I wish I could take credit for that.
But it was Patrick.
He sees things.
Angles we don't see.
He's gonna help me take this family to the next level.
Come on, Mitch.
This was a good day all around.
Memphis, Noble You said you wanted me on this case 'cause of how I handle things.
You want me to handle Patrick's defence? Then we do it my way.
Hey, you don't call the shots.
It's all our way.
Patrick knows what he's doing.
Hell, why do you think you're even here? [Rapid gunfire.]
Thanks.
You really saved Joey's life? I didn't think, I just reacted.
Well, if you hadn't, we wouldn't be having these problems right now.
Ray He paid Wendy right in front of me.
This whole thing was just a ploy to get Harper bounced.
Well, you got to admit, it's a serious play.
This Patrick's sharp.
No wonder Joey's fighting his own family to protect him.
You think that whoever tried to kill Joey is from the Morolto family? Probably.
I mean, this civil war is real.
I'm telling you, if Joey doesn't do something soon, he's not going to make it out in one piece.
But, with Joey gone, we can ditch this case We stop running.
I don't know.
The rest of the Morolto family wants us gone.
What if one of Antonio's guys takes over? Look, I hate to say it, but at this point Joey could be the only one keeping us alive.
His name is Patrick Walker.
I want you to represent him.
He's been framed for a crime he didn't commit and I want him out.
Here's my offer: You are gonna handle the case.
If you do, the McDeere and Morolto families will be square.
The victim's body was found in the trunk of your car.
I've never met Charlotte Miller.
My client didn't even know the victim.
That suitcase, it weighs 117 pounds.
You know why? Charlotte Miller is in that bag.
Antonio Cervino, how do you think he feels about the new kid in town.
Mitch: Your consigliere is upset about being replaced, so he figures out a way to eliminate the competition.
You're asking for permission to accuse my top lieutenant of framing Patrick? Yes.
Coleman: Antonio Cervino, he took two in the head.
We found him in a garbage dumpster.
You killed him.
It seems to me he got what he wanted.
Now you can argue Patrick was framed.
I don't think a dead man will mind.
I missed you.
I've been doing a lot of thinking and And it's time for you two to go.
Dad! You're home? I just told Ray I was losing my mind, so I I could be hallucinating.
Going was the right thing to do.
It brought me back.
I thought I was gonna die.
I didn't know what would happen to you and Claire.
And when it was done, I was just so angry.
But I don't want to be angry anymore, Mitch.
No, neither do I.
What happened It wasn't just you.
It was also me.
No, Abby, you were right.
I should have just walked away.
You couldn't walk away, you never could.
Look, and we could sit here and tell each other how this will never happen again, but something will.
Something always does.
Abby Look, I talked to my mom.
We talked about you and me.
And about why she and my dad were so against us.
They just wanted you to be safe.
From you, yes, but also from myself.
That streak, that reckless need to know, to push for the truth, to get played, and then just come back and try to figure it out, we both have that.
We're a horrible team.
And I love it.
So do I.
I just needed a minute to remember how much.
We made some mistakes.
But we can start over.
At least until the next something happens.
Abby, that something already happened.
I don't know how to tell you this, but somebody came to my office.
Just say it.
Joey Morolto Jr.
, he knows where we are.
They have been watching us since we left the program.
[.]
[.]
[Quiet sigh.]
So, what do you think? If you need more time, I So if we get Joey's friend released, he forgets the past, and he leaves us alone, - that's the deal? - Yep.
His name's Patrick Walker.
He's a graduate of M.
I.
T.
, an economist at some think tank.
But that's just his day job.
Yeah.
Ray and I think that he is the new consigliere for Joey.
Lewis and the FBI, they think so too.
My God.
Lewis, he knows you're doing this? Yeah, he flipped out when I first told him, but Honestly, I think he understands why I want to take the chance.
I can't disappear again, Mitch.
I love you, but our marriage wouldn't survive that.
And Claire I get it, she can't run forever because of the choices that we made.
But she will be, she will be running for the rest of her life.
Unless we finish this now.
So I'm in.
For whatever it takes to win this case.
And put the Morolto family behind us.
It could go bad.
We could lose, or Joey could come after us anyway.
We won't lose.
And at least this time, we are going in with our eyes open.
Maybe we could ask Lewis to put someone on Claire at school.
Yeah, yeah, I'll get on it right away.
Are you gonna go back to work? No, not now.
If we're gonna do this, we'll do it together.
Ray: So she's in? Let me guess.
You didn't tell her that Joey just killed his old consigliere.
Not yet, give her some time to adjust.
- Did you tell Tammy? - Just did.
The rest of the phone call was pretty much just her screaming, but I talked her down.
Yeah, so what's the deal? She divorced yet? Just about.
She found Elvis at a truck stop in mobile.
Finally got the papers signed.
Great.
Because we are gonna need everybody working.
Abby's coming in later.
Give her everything you know on Walker so far.
Hey, I'm happy for you, man.
It'll be great to see you two get married.
Where you going? I'm gonna go see Joey down at the prison.
Sounds like there's some new problem with the case, but he wouldn't say what it is.
Joey: You're damn right there's a problem.
This prosecutor's killing us.
What the hell's his name? Alan Harper.
Yeah, well every time I turn around, he's burying Patrick on the news.
Okay, I'll talk to him.
He shouldn't be trying this case in the press.
But either way, Alan Harper is a problem.
He is smart, ambitious, thorough - How thorough? - I don't like that question.
Why, is there something that he shouldn't find out? Yeah.
Maybe.
You told me to be honest with you, even if it's bad.
At least then you're not caught off-guard.
I'm listening.
Rough sex, that's the prosecutor's theory.
Yeah, the autopsy report says it was aggressive intercourse and that the victim was strangled.
They assume that you were wearing a condom which is why there's no DNA.
There's no DNA because I never met her - ever.
Just tell him, Patrick.
I had a situation in college.
There was a girl from DC I dated a few times.
She filed a complaint against me with the campus police.
She said that I had tried to choke her during And that she said no, and that I wouldn't stop.
That is what lawyers call a prior bad act, Patrick, and that one is particularly bad.
Look, it's not a big deal, okay? No charges were ever filed.
After a few days, she declined to press charges.
The whole thing got blown out of proportion.
We just don't want it blowing up in our face at trial.
So What do we do? Ray: You told him to be honest.
That's better than hearing about it in court.
Her name is Wendy Vail.
This happened when Patrick was a junior at M.
I.
T.
So, what, seven years ago? Sounds pretty damaging.
We can ask to keep it out.
But you can't offer a prior bad act to prove propensity to commit a crime.
Say again, English.
You have to prove the crime that's been charged.
You can't say that because someone's been violent before, that means they'll be violent again.
If that's the rule, then what's the problem? There's a lot of exceptions to the rule.
And Harper, he's smart enough to come up with a good argument against us.
- Does he know about this woman? - That's the issue.
We can file a motion to suppress to see if the judge will keep it out.
But if Harper doesn't know about it, then we're handing him evidence that hurts our case.
I think we should wait.
I agree, we can't risk tipping him off.
Let's just get ahead of the game, and be ready.
All right, I'll go talk to her, see if she gives a statement.
Maybe she'll downplay the whole thing like it was no big deal.
You want to go for a ride? Not that the ladies don't love me, but Maybe she'd prefer to talk to a woman.
Sure.
I just need to be back when the marshals drop Claire off at home from school.
Hey, you just got back, you don't need to do this.
No.
Whatever it takes.
Glad you're back.
Are you okay? Yeah.
I mean, you know, it'll take a while to be really okay, but I'll get there.
He missed you.
How 'bout you? Yeah, I missed you too.
I meant Tammy.
She's been gone a while.
She'll be back by the weekend.
I told her I was thinking of a long engagement, um, like, around ten years.
[Chuckles.]
She must have loved that.
Look, okay, here we go.
Take a shot, I'll hang back.
Excuse me Wendy Vail? Yes.
I'm Abby McDeere.
I was hoping to talk to you for a minute about Patrick Walker.
Stay away from him, that's all I have to say about Patrick.
I'm on his defence team.
It's about a complaint you filed a few years ago.
Yeah, he said you'd try to find me.
Who did, Patrick? You've talked to him recently? Not Patrick.
Alan Harper.
The prosecutor? You've already talked to the prosecutor about the incident? "Incident"? Patrick tried to kill me.
Mr.
Harper said I didn't have to speak with the defence.
I'm testifying.
You can hear it then.
Hey, Harper! Mr.
McDeere, what do you want? I want you to stop trying my client in the press.
Oh, spare me the ethics class.
Maybe you should take one.
Or maybe you forgot it's improper to tell a witness not to talk to me.
I have no idea what you're talking about.
I'm talking about Wendy Vail.
Ah, the lovely woman your client tried to choke to death.
To be clear, I never told Wendy Vail to do anything.
I simply informed her of her right not to speak to you.
If she seems a little reluctant, maybe it's because your client tried to kill her.
I have asked them to preclude her testimony.
It is a prior bad act that goes to propensity.
We'll see.
I'm surprised your client even told you about her.
I was hoping to sandbag you at the trial.
It's inadmissible, Alan.
And it was seven years ago! How did you even find it? Well, I'd tell you to ask around, McDeere, but we've argued against each other before, so you know what I'm capable of.
I've had Wendy Vail's name for weeks.
So you have the complaint she filed with campus police? I do.
I subpoenaed the investigation, filed two weeks ago.
My copy should be ready this afternoon.
Well, it's discovery.
You have to give that to me.
Not until the day of the hearing.
You could put in a subpoena of your own, but the college needs at least two weeks to fill a request.
So that's how it is? That's exactly how it is.
You're playing catch-up on this one.
But look on the bright side: After you lose the motion, you'll have more time to focus on losing the trial.
This guy's good.
If we want a chance with this case, we need to step it up.
Which means we can't wait to see what Wendy Vail's going to say until the day of the hearing.
We need that file now.
The college has a satellite office in DC, I'll see what I can do.
Actually, maybe Abby could cover that.
I want you to cover the Morolto club.
- All right, is that okay? - Yeah, I'm in.
The prosecution thinks that Patrick and Charlotte Miller were at the Morolto club the night of the murder.
So Bouncers, friends, security video.
Anyone who saw them either at the club together or leave together.
On it.
Now, look.
We are behind.
But we can win this motion and this case.
Hi, I'm here regarding a subpoena we sent for a complaint involving Patrick Walker.
Of course, from the us attorney's office.
Yes.
Your office said someone would be coming by.
Everything is right here, all ready to go.
By the way, um, I'm a third year law student hoping to get a job in the us attorney's office when I graduate.
Any tips? Don't trust defence attorneys and their teams.
You never know what they're up to.
Okay.
You can't just walk out with it.
Why not? They assumed I'm with Harper's office.
They have no clue.
Until someone from Harper's office comes to pick it up.
Then they will have a clue.
Good point.
I'll fix it.
I'm Tracy Van Horne, I'm from the US Attorney's office.
I'm just here to pick up a file.
[Beep.]
Oh, come on! Come on! [Rings bell.]
Man: Sorry for the delay, how can I help you? Van Horne: I'm from the US Attorney's office.
You have a file for me on Patrick Walker? I was told somebody already came and picked it up.
Really? No, I'm the one picking it up, and I just got here.
Uh You're right, here it is.
Ma'am, did you need help? No, I have everything I need.
That is the victim.
I'm looking for footage from the night of the murder that shows her with Joey's friend Patrick.
Yeah, I've been going through the files.
Gimme a minute and I'll show you what we've got.
All right.
Well, well, look who's back.
Anything I can help you with? No, I'm good.
Looks like you've seen better days.
Between us, things are gettin' a little tense around here.
I'll bet, with your old consigliere showing up dead like that.
I'm sure that causes a lot of problems.
The problem is, a lot of our guys think Joey's behind it.
- But you don't? - I stand behind my boss.
But if Joey's not careful, he's not gonna come out the other side of this.
So Patrick told us the truth this time.
The campus police stopped the investigation.
- At Wendy Vail's request.
- Why? In her statement, she made it pretty clear that Patrick tried to choke her.
I had the same question, why pull back? Well, maybe because she realized it wasn't true.
Patrick wasn't trying to kill her.
They were just kids experimenting.
I don't think so.
The campus police started looking into Wendy's sex life.
Turned out there were other boys who said that Wendy wasn't against the idea of rough sex.
- How many? - Two.
This is what happens, they blame the victim.
She consented before, so she must have consented again.
And she was young! No wonder she didn't want to go through that in public.
Abby, we have to use this.
It's technically relevant.
If Wendy gets on the stand, and acts shocked that Patrick choked her We should keep this about Patrick and Wendy.
Whatever happened in Wendy's sex life before that is none of our business.
It just doesn't work like that.
Well, we work like that! You're saying that they can't use propensity evidence against Patrick, but we should use it against Wendy, why? Because it is effective.
These things tend to get ugly.
Well, if Patrick wants ugly, he can get somebody else.
Look, I don't like it.
But, Abby There is nothing about this case that I do like.
[Door opens.]
We need to win.
[Door closes.]
You know what happens if we lose.
Ray: Maybe we won't lose.
Surveillance from Morolto's club.
Shows Charlotte Miller arriving and leaving with friends.
- No Patrick.
- What about inside? Shows that they're both there, but there's not a single frame that shows that they actually spoke to each other.
This is good.
I don't know how she ended up in his bed, but if Harper's planning to argue that they hooked up at the club Didn't happen.
Harper: I don't see your point.
You can't block my access to the witness.
We are asking that she be made available.
And I resent your accusation.
You can resent my accusation on your own time.
Can I speak to the court, or do you resent that also? I don't resent you, Mr.
McDeere.
Your Honour, we have made multiple efforts to speak to this witness.
Her name is Wendy Vail She doesn't want to talk to the defence! Because you told her that she didn't have to! Because I advised her of her right to decline an interview.
Mr.
Harper, have you in any way informed the witness that she should not speak with Mr.
McDeere? No, your Honour.
As you'll see, Wendy Vail is highly emotional.
Even years later, her experience with the defendant is We can get you a microphone and a chair if you plan to testify.
My point is, getting this witness to talk was difficult.
I spent an hour alone with her convincing her to take the stand at all.
Time you'll never get back, Mr.
Harper.
Much like the time I'm wasting right now.
- Your Honour - She doesn't want to talk to you, counsel.
It happens.
If she says anything you didn't expect, I can give you more time to regroup before cross.
Thank you, your Honour.
No, thank you, Mr.
Harper.
It's fun-loving guys like you that make my job a laugh-riot.
Call your witness.
- We get a continuance? Abby: - Not yet.
I'm headed to the courthouse now.
Where are you? I pulled a few still shots from Charlotte Miller's video of Joey's club the night of the murder.
And found something? She showed up with a friend, a regular.
I talked to the bartender.
Said her name was Melanie Reid, works at the Capitol Hilton.
Great.
Maybe she can tell us what happened to Charlotte.
At this point, we don't know anything about her.
Another week, there's nothing we won't know.
- I'll call you later.
- 'Kay, bye.
Hi, can I help you? Mitch around? Uh, he's in court.
I'm sorry, did you have an appointment? No, but I can make one.
First name Joey, last name Well I think you know the last name, don't you, Abby? I gotta say, all that time watching you and your family, I feel like we know each other.
Joey Mitch'll be back soon.
Would you like to wait, or should I have him call you? He told you about our arrangement? M-hmm.
You're okay with that? I want you out of our lives.
So, if that's what it takes, then, yes, I'm okay with that.
Is it true? If we get your friend released, you'll leave us alone? That was the deal.
Is it true? See, now, here we've just met, and you've already insulted me.
I get the feeling you don't trust me.
I was very young.
I put myself in dangerous position.
Did you know the defendant? Yes, I thought so.
We met that summer here in DC.
We were both twenty.
Both about to be juniors at college.
You dated? A few times.
But I was at G.
W.
And Patrick was at M.
I.
T.
, so when his internship ended at the end of the summer, that was it.
Until when? A few months later.
That October.
Some friends decided to take a trip up to Boston, so I called Patrick.
And did you see him? Yes, we met at a bar.
[Door opens.]
We both had fake ids.
We had a beer.
And then we went back to his place.
We had sex.
It was consensual - I never said that it wasn't.
But what happened He tried to choke you.
- Objection.
- Sustained.
Let her tell me, Mr.
Harper.
- Of course.
- Yes.
At first it was just his hand on my neck.
But then he was choking me.
I tried to stop him, I told him to stop.
But The look in his eyes, it was rage.
I'd never seen him like that before.
I knew he was going to kill me.
- Objection.
- Overruled.
Take your time, Miss.
Vail.
I don't know how, but I fought him off.
I just remember him laughing.
And I got out of there.
And you notified the campus police? Yes, not that day, but A couple days later before we left Boston.
When I heard that he'd killed another woman Strangled her I just, I knew that could have been me.
Nothing further.
Two days? You thought he tried to kill you, but you waited two days to file a complaint? I was terrified.
All I wanted was to go home.
By your own admission, you were drinking that night.
How many beers had you had? - One.
- You remember that clearly? It was seven years ago, and you know exactly how many you had? I remember everything about that night.
You told the campus police he tried to choke you.
That you were scared.
But you never said that he was trying to kill you.
- He was.
- You say that now.
But back then, you never used those words.
"There was rage in his eyes" Also something you never told the campus police.
He wanted to strangle me.
Really.
And you had never tried anything like that before? Objection! Better have a good faith basis for that one, counsel.
I do, your Honour.
The campus police did an investigation and they determined that there was evidence that Miss.
Vail was not opposed to the idea of rough sex.
How dare you.
This is why I didn't want to pursue the complaint.
- Miss.
Vail - - I'm not a child.
I know the difference between experimenting with someone you love and what happened that night.
The objection is overruled.
You made your point, counsel.
Let's not dwell on it.
I got that from the security footage at Roma.
You were there the night that Charlotte Miller was killed.
You're with the defence? Then I can't help you.
I'm serious.
I know.
Your mouth kind of curls up on the side when you're angry.
Look, I just want the truth.
Anything you can tell me about that night? Not really.
We had fun.
Hadn't seen each other in a while.
Charlotte had a crazy schedule.
She traveled all over the world with Cloud Ten.
Cloud Ten, I don't know that.
Momost people don't.
It's one of those private jet companies.
Very exclusive.
Charlotte was a VIP liaison.
- Meaning? - She was never here.
At Cloud Ten, you don't just book flights for clients, you travel with them, provide full service, 24-7.
London, Paris, Dubai Th's's how we know each other.
I book a lot of our high-end clients at our hotels.
Don't take this the wrong way, but Vip liaison, 24 hour service, that sounds like she might have been an escort rather than a travel companion.
Not Charlotte, she would never do that.
I mean Don't get me wrong, she got plenty of attention from crazy-rich clients Good attention, or bad attention? Some bad.
But she never dated the clients.
Except once.
The guy's name was Alexi Dovak.
He got a little obsessed.
I'll check that out, thank you.
Um This guy they arrested, Patrick Walker.
You know him? Never seen him, never seen Charlotte with him.
When we left the club, she got into her car.
I assumed to go home.
Thanks again.
First, I want to welcome everyone and say thanks for coming to DC.
My business here prevents me from being home right now.
When you comin' back to Chicago? I don't know.
My childhood friend Patrick is facing a murder trial.
I'm here to see that goes our way.
Your childhood friend? That's what you call him? That a problem, John? Yeah, that's a problem.
I'd say it's a problem when my boss names a new consigliere and hides it from the family.
- John, remember where you are.
- I know where I am! I'm at the family table where I've been for the last twenty years.
Johnny, please.
The family table, where I sat with your father and Antonio, wlle your mother wiped your nose! Careful, Johnny.
I'm done bein' careful! You killed Antonio.
He was still this famils s consigliere, but you took him out for your childhood friend.
A kid who isn't even Italian.
Let him speak.
Sorry, Joey, but you're not cut out to be boss.
You kill Antonio, but McDeere still lives? You're not my boss.
Well there's the door.
And anyone who agrees can go with him.
Joey, Johnny.
Come on, don't do this.
This isn't over.
Finally, something we agree on.
Your Honour, the law is clear.
You can't offer a prior bad act as propensity.
That's not what we're doing.
Of course you are.
You're saying that because my client tried to choke Wendy Vail, he must have strangled Charlotte Miller.
It does look that way, Mr.
Harper.
You know the rule.
The rule has exceptions, your Honour.
Well, if one of them applies here, now would be a good time to say so.
Intent.
Prior bad acts are admissible to prove a defendant's intent.
Well, go on, I'm not rolling my eyes yet.
We don't know if this crime was intentional or reckless.
But the fact that he purposefully choked Wendy Vail proves his intent.
Oh, come on, you said so yourself, you thought this was manslaughter.
What I think has no bearing on a jury.
I'm legally entitled to make this argument.
And you would, because that's the kind of prosecutor Hey, I'd leave personal judgements out of this.
You're the one who just threw a young woman's sexual history at her like a weapon! And my associate, Miss Van Horne believes you stole our file.
Gentleman! As much as I enjoy this back and forth, you can see from my face how much that is, I think I'm ready to rule.
Your Honour, if nothing else, the prejudicial value here Outweighs the probative, I know that that's the risk we take.
But, if I have this right, your client claims he was framed, is that correct? Yes.
Then I'm inclined to compromise.
Mr.
Harper, you can't use Wendy Vail to make your case.
But if you tell a jury that your client is not the kind of guy to choke a woman, or that he's just generally a very peaceful individual, I'm letting her testify.
But you're limiting my defence.
Just keepin' it real, Mr.
McDeere.
My daughter likes to say that, and it turns out so do I.
We're adjourned.
Well, that's a good result; at least Harper can't use that in his case.
Yeah, but to defend Patrick, we'll have to open that door.
She will testify.
Mr.
McDeere, any comment on the judge's ruling? No, other than we are thankful that they excluded the evidence in the government's case That doesn't bother you? Your client almost killed another woman.
You don't think a jury should hear that? We will try this case in a courtroom, not here.
Thank you.
What happened to the Mitch McDeere who took down Noble Insurance? Thank you very much.
- Why did you take this case? - Thank you.
[Elevator button clicks.]
Can you give me a sec? - I've got to use the restroom.
- Yeah.
You okay? [Door shuts.]
Hey, listen, you did fine.
Testifying isn't easy.
- You were there? - Yeah.
I know you're upset, but The judge was ruling on the law.
He wasn't ruling on you.
You don't understand.
I'm not upset about the ruling.
I'm upset about what I said on the stand.
I mean, it happened.
He did try to choke me, but That stuff I said about the rage in his eyes, and that I knew he wanted to kill me It wasn't like that.
Wendy, you were under oath, why did you do that? I just went too far.
I wanted the judge to believe me.
And that poor girl that Patrick killed.
Patrick could be innocent.
You need to tell them the truth.
- It's too late.
- It's not too late.
The testimony you gave changed the trial.
The defence is worried about a jury hearing - I have to go.
- Wait! Maybe I won't have to testify.
I'm sorry.
Wendy lied.
I just talked to her.
You saw Wendy? In the bathroom.
She's upset.
About what? What she said on the stand.
She admitted to going too far.
She made the attack sound worse than it really was.
Why would she tell you that? I don't know, but she's She's emotional.
I mean, it's traumatic to get on the stand.
We have to tell this to the court.
Can you? I mean, how does it work? Can you just get her back and make her tell the truth? We'll see.
Is she still here? I don't know.
Mr.
Harper should be here any second.
I have to say counsel, in all my years, this is a first.
For us both, your Honour.
A witness recanting in a ladies' rest room And to the defence attorney's wife.
I didn't expect it either, your Honour.
I was just asking if she was okay.
You shouldn't have been asking her anything.
Take it easy, Mr.
Harper.
We're all friends here.
Except for the fact that we all seem to dislike each other.
Your Honour, I object to this meeting.
I object to Ms.
McDeere approaching the court ex-parte about a witness.
A witness who perjured herself.
Don't worry, we didn't discuss anything, Alan, I know how you hate to miss an argument.
Mrs.
McDeere, obviously we're out of everyone's comfort zone here.
Are you certain Miss.
Vail told you she fabricated testimony? Yes.
She did say that the attack happened.
But she made it sound more aggressive than it really was.
More aggressive, those were her words? No, uh Her exact words Well, I'm not sure what her exact words were, but she made it clear that she embellished on the stand.
In what way? She said that Patrick wasn't in a rage.
She didn't think he was going to kill her.
How convenient.
I was in that courtroom, your Honour.
You had the chance to assess her credibility.
She told the truth.
- You can't know that.
- I trust that.
A lot more than the word of my opposing counsel's wife.
There is a simple fix, your Honour.
Ask her.
Put Wendy Vail on the stand, and let's set the record straight.
No.
The court has limited my defence all based on the testimony of a witness who may have committed perjury.
Mrs.
McDeere, did Miss.
Vail volunteer this information, or did you pull it out of her? I'd say she volunteered.
- Fine, get her back.
- Your Honour Get her back, Mr.
Harper.
Either she stands by her story, or she doesn't.
Ray: When is your flight? I already said I'd pick you up unless something big happens.
Tammy, you just spent a week looking for your last husband.
Compared to him, I'm Mr.
Reliable.
Look, I gotta go! I'll talk to you tomorrow, and everyday until I die because we're getting married.
Alexi Dovak, Ray McDeere, Private Investigator.
Sorry, I have to run.
Call my office, you can schedule an appointment.
This is about Charlotte Miller.
She was killed two weeks ago.
Strangled.
I read about it; Saw the prosecutor on the news.
You know her? You know I did, that's why you're here.
I don't have time for small talk.
Why don't you just ask me if I killed her? Why don't you just tell me if you did? Charlotte worked for Cloud Ten, they coordinate my travel.
Word is you were interested in more than just travel arrangements.
That's true; Charlotte was a beautiful woman.
I may have crossed the line once or twice, tried to make our business personal You were rejected, that must have pissed you off.
Please, I run a technology company.
I'm a pretty resilient guy.
And anyway, I heard they arrested someone.
We think he was framed.
Oh, and you're looking for another suspect? Sorry, but I'm not your man.
[Engine starts, door closes.]
Here's a thought.
Maybe the guy wasn't framed.
Maybe he's guilty, and you're being played.
That ever occur to you? Yeah, it crossed my mind once or twice.
I'm sorry, I told you what happened.
I really don't want to go through it again.
I understand, Miss.
Vail.
But apparently, you had a conversation with Mrs.
McDeere in the ladies' room afterwards.
I I did speak with her.
We can make this very simple, Miss.
Vail.
You took an oath to tell the truth before you testified at this hearing, correct? Yes.
And did you, in fact, tell the truth? Or are you now changing your testimony? Judge: Answer the question, Miss.
Vail.
I told the truth.
Nothing further, your Honour.
- This time we move for - Not so fast, Mr.
Harper.
Mr.
McDeere, your witness.
You spoke to my wife in the restroom, didn't you? Yes.
You were upset because you said some things that weren't true.
You made the attack seem worse that it actually was.
It's not too late, Wendy.
Perjury is a crime, and you can fix this.
If you cure the perjury now, you cannot be charged.
- Objection! - Overruled.
My patience is thinning, Miss.
Vail.
- I can't.
- You can't what? - Why did you lie? - I didn't.
I just made it sound worse than it actually was.
He wanted me to.
He showed me a picture of that girl, Charlotte.
He told me if I didn't testify, and make it right, Patrick would get away with murder.
Your Honour, move to strike, move to strike that entire answer! Denied.
I'm sorry, what I said about Patrick's rage.
About knowing he wanted to kill me.
Mr.
Harper was pushing me.
- Your Honour! - I said denied, Mr.
Harper.
I won't stand here and be accused of professional misconduct! And I won't stand here while you bully this witness.
Enough! Chambers, both of you.
And all three of us may not come out alive.
Get in here, let's go.
Your Honour, I've been doing this a long time - Did you coach that witness? - No.
- Did you coach that witness? - No, I did not! And I take offence at the very suggestion! It's not a suggestion, it's an accusation made by the prosecution's witness! A witness who had nothing to say about me until after a discussion with your wife! Are you honestly suggesting that my wife encouraged this? I don't know.
You spent an hour alone with Wendy Vail convincing her to testify.
That's what you said.
And I conducted myself like the professional I am.
And yet we have a witness who seems pretty clear of the opposite.
- So what gives? - Somebody got to her! Joey Morolto, or one of his guys! Not possible, the witness recanted minutes after she testified.
Morolto was not in the courthouse, nor were any of his associates.
Aw, they threatened her.
Somehow they intimidated Wendy Vail into changing her story.
Another theory! I'm done with theories; I'm switching to facts.
Fact: The allegation has been made and now it has to be dealt with.
Fact, Miss.
Vail's testimony is now less than credible.
I'm precluding her from taking the stand.
- For either side.
- And Alan? We are moving that he be disqualified Granted.
I don't know if it happened, Alan.
I'd like to believe it didn't.
But now that's for the bar to decide.
Have your office assign someone else.
You're out.
Mitch: You know I prefer to meet in my office.
And you know I don't care what you prefer.
What's the update? Well, Wendy Vail's testimony's been precluded, and Alan Harper's been removed from the case.
Are you happy about that? Yeah, it's helpful.
Harper's good, so we definitely caught a break.
Yeah, well, what we need is a defence.
We are working on it.
Ray has got the surveillance footage from your club, and there is no evidence that Charlotte or Patrick were there together.
That's good work.
And I think good work should be rewarded.
Hand me that case, would you? Whoa, Joey [Snickers.]
Relax.
It's not for you.
This is it, Mr.
Morolto.
Thanks, Eddie.
What the hell's going on? There's something I wanted you to see.
[Lowers window.]
If this is some drug deal, or other business of yours, I want no part of it.
Drugs? You know, sometimes you really hurt my feelings.
So what did you think? Joey: Good work.
And I was just saying good work should be rewarded.
Hi counsellor.
So Harper was right.
You got to her.
But you didn't intimidate her, you paid her off.
Was that his guess? [Snickers.]
Well, he had the right idea.
I don't get it.
How was there enough time to make a deal after she testified? When did you arrange this? Now that's the right question.
When do you think? We reached out to Wendy Vail weeks ago Long before you knew she existed.
Long before Harper knew she existed.
So you sent her to Harper? Well, we approached her first to see if she'd be interested.
Her complaint back then was real, so we didn't know if she'd go for it.
But it's amazing what people will do for a few hundred grand.
And we knew Harper would bite.
Young woman, almost choked to death years ago - it was perfect.
- So this whole thing? Wendy testifying, changing her story, accusing Harper Yeah, we set him up.
Don't look so surprised.
I'm sorry we had to get Abby involved.
Why am I here, Joey? I didn't to see this.
You could've paid her off without telling me.
Yeah, that's true.
But I wanted you to know how seriously I take this case.
And why.
Harper was a problem, and now he's not.
I wish I could take credit for that.
But it was Patrick.
He sees things.
Angles we don't see.
He's gonna help me take this family to the next level.
Come on, Mitch.
This was a good day all around.
Memphis, Noble You said you wanted me on this case 'cause of how I handle things.
You want me to handle Patrick's defence? Then we do it my way.
Hey, you don't call the shots.
It's all our way.
Patrick knows what he's doing.
Hell, why do you think you're even here? [Rapid gunfire.]
Thanks.
You really saved Joey's life? I didn't think, I just reacted.
Well, if you hadn't, we wouldn't be having these problems right now.
Ray He paid Wendy right in front of me.
This whole thing was just a ploy to get Harper bounced.
Well, you got to admit, it's a serious play.
This Patrick's sharp.
No wonder Joey's fighting his own family to protect him.
You think that whoever tried to kill Joey is from the Morolto family? Probably.
I mean, this civil war is real.
I'm telling you, if Joey doesn't do something soon, he's not going to make it out in one piece.
But, with Joey gone, we can ditch this case We stop running.
I don't know.
The rest of the Morolto family wants us gone.
What if one of Antonio's guys takes over? Look, I hate to say it, but at this point Joey could be the only one keeping us alive.