Raising the Bar (2008) s02e14 Episode Script
Oh, Say Can You Pee?
These are from my boss, Mr.
Delgado, Saying how I always show up, I'm always on time, I'm dependable.
Okay.
Um, from father Vargas -- How me and my family are always at mass every Sunday.
Great.
From my landlord.
I bring him the rent myself every month so it ain't late.
This is the mail, yeah.
Uh, from my neighbor -- How there's no problems at home.
He knows he can count on me - me and my wife.
Okay.
Um She made these for you, jerry.
Oh, boy.
[ sniffs .]
Mmm.
Cinnamon.
[ chuckles .]
Ana takes good care of you, Luis.
Mmm.
JerryI go to jail, and I lose everything I've worked for -- My job, my place, my family.
Marcus: I'm touched, Jerry.
No, I mean it.
The man knows how to make friends, Which doesn't change the facts, of course.
He's rebuilt his life, Marcus.
None of these good people were there When he walked into the corner store with a weapon -- A baseball bat.
A dangerous weapon and held up the owner on videotape.
The rent was due.
Was due.
Two hungry little kids, His wife begging for food from the neighbors.
A prior for assault.
A bar fight eight years ago.
Me, I tend to avoid those.
Your guy looks for trouble.
All right, so put him on a short leash.
Give him probation.
Be real.
They're good, aren't they? Mm-hmm.
Where did you get these? Luis' wife.
[ sighs .]
you are so low.
There's a whole family at risk here.
His wife needs him.
His kids need him.
Save it for sentencing.
Come on, Marcus.
Even the complainant didn't want to complain.
Forgiveness is a beautiful thing.
But it isn't the victim's call.
It's mine.
You had to strong-arm him into testifying Even for the grand jury.
Always the master of overstatement.
That's why you didn't get your indictment in time And Luis had to be released.
Mr.
Mendoza is a two-time violent offender Whose wife can cook.
Mm-mmm! Now, if he wants to take three years -- He doesn't.
Thanks for breakfast.
Jury's gonna love him, Marcus.
Then you have nothing to worry about, my friend.
Jehovah's witnesses don't salute the flag Or recite the pledge of allegiance Or stand for the national anthem.
[ chuckling .]
they sure as hell don't sing it.
So, if they're protected by the first amendment, so am I.
West Virginia Statebboard of Education v.
Barnette, U.
S.
Supreme court, 1943.
Your con law class? A's both semesters.
Props.
There.
Read what I highlighted.
"if there is any fixed star "in our constitutional constellation, It is that no official, high or petty --" Key word right there -- "petty.
" "Can prescribe what shall be orthodox "in politics, nationalism, religion, Or other matters of opinion.
" So sayeth U.
S.
Justice Robert Jackson, Definitively establishing that the cop at the garden Had no authority to interfere with my first-amendment right To ignore the national anthem, which is a crappy song anyhow.
Of course, you're not charged with failure to sing.
No, he was offended that I would have the nerve To go to the bathroom during the national anthem.
Well, I have the right to offend.
United States v.
Eichman, 1990 -- "the government may not prohibit the expression of an idea "simply because society finds the idea itself Offensive or disagreeable.
" Although, I have to tell you, An off-duty, out-o f-uniform cop at a basketball game Probably doesn't qualify as the government, Jamie.
He was acting under the color of authority.
When your beer accidentally fell on him after he confronted you.
Exactly.
An arrest stays on your record for life.
Nothing we can do about that.
But an A.
C.
D.
-- Ties my hands.
Not at all.
The dismissal is sealed in six months, And the record's expunged.
You'll have no rap sheet, no admission of guilt, No criminal complaint.
Even the state bar shouldn't hold it against you.
You'll be able to practice law, jamie.
Except an A.
C.
D.
Precludes my right to sue For malicious prosecution and false arrest.
I don't even know if I can get you an A.
C.
D.
[ sighs .]
harassing a cop? Disorderly conduct, Obstructing governmental administration, Resisting arrest -- it adds up.
On my side.
Overcharging like this goes straight to malice.
This isn't moot court.
Jamie, we're in real court now.
I was right, all right? He was wrong.
The cop was wrong.
He abused his power.
Why go to law school if you don't believe in justice? The problem is that "law" and "justice" aren't synonymous.
[ scoffs .]
It's okay to quote you on that, right? W-where? Oh, on my new blog -- ohsaycanyoupee.
Com? [ chuckles .]
Just spell my name right.
Mm.
Come on.
Hey.
Officer, um Carl howard.
Ah.
Hi.
Hi.
The a.
O.
In new york vs.
James parsons.
Oh, the scuffle at the garden.
Marcus: Carl testified for me last month.
Got yourself a roc k-solid win this year, michelle.
Well, if we have to take it that far.
Well, see, that's why I'm here -- To ask you not to cut a cheap deal For this punk-ass law student who thinks he's special.
Well, he's definitely stupid.
[ chuckles .]
Look, I know this may not seem like a big deal to you -- What happened.
No, I understand.
There was escalation.
And don't let all his first-amendment crap Back you down.
You think I scare easy? No, ma'am, I don't, But this guy knows how to create a diversion.
And look, he doesn't want to sing the national anthem, That's fine, that's his business.
But when he starts disrupting other people who want to sing, That's disorderly.
And when he throws a beer on someone, that's harassment.
And when he starts screaming "police brutality" And waving his arms around, that's resisting arrest, Not to mention endangering public safety, Which you could probably add on to your charges.
Thanks for the advice.
Look, all I'm saying is this guy doesn't deserve any sympathy.
I get it, carl.
Look, he looked young.
He was holding an alcoholic beverage.
I had cause to ask him for his identification.
Which doesn't have anything to do With his behavior during the anthem.
Now, look, that's just smoke and mirrors.
Now, you know this guy thinks he can game us all -- I mean, like going to law school makes him above the law.
It doesn't.
Well, at least it shouldn't.
So, make him sweat a little, hmm? [ chuckles .]
Yeah, wise him up.
Can do.
You don't have the mozart mobile yet, do you? The what? It's a developmental mobile -- "to stimulate deep neuron activity, Aiding cognitive and emotional development.
" Am I too old for one of those? You're fully developed.
What? [ chuckles .]
cognitively and emotionally.
Thank you.
[ chuckles .]
I'm ordering overnight delivery.
Richard, you have 11 items in your shopping cart.
All recommend.
It's not like you had a baby shower.
Oh.
No, he's not my baby.
We don't know what's gonna happen.
Hey.
Hey, you.
Hi.
Come here, yeah.
Oh, you are so cute.
Hey.
[ chuckles .]
Hey.
Oh, um, the agent called.
She's bringing me an offer on the apartment.
Solid offer? Apparently.
That's great.
Yeah, she's gonna start showing me What's available in my price range.
To buy? Yeah, something smaller, you know? I don't need a lot of space by myself.
Right? Just so long as I have a kitchen I can cook in, huh? Yeah.
[ chuckles .]
You are so cute.
You're making me nervous.
Who's tonight's lucky guy? [ sighs .]
robert shepherd.
He's a book editor, divorced -- not recently -- One child, grown-up.
So far, so good.
He says he likes to travel, says he's athletic.
But, you know, they all lie about that.
I like the sound of his voice, though.
He didn't sound phony.
Have you seen a photo? No, luckily neither of us has to live off our looks.
Come on, trudy.
Where's your confidence? You look fabulous.
I'm not bad, right? He will not be disappointed.
[ sighs .]
He's gonna be here any minute.
Go wait for him.
Tell me what you think.
And after this, I'm firing that dating service.
[ door closes .]
[ sighs .]
Mr.
Shepherd? Hello.
I, uh -- I'm charlie sagansky, Judge kessler's law secretary.
How do you do? Did she ask you to size me up? Mm.
I'll tell her you're here.
[ chuckles .]
be kind, please.
Well? I think you're gonna like him.
[ sighs .]
Hello, trudy.
Hi, robert.
Are you ready? [ laughs .]
Yeah, yeah.
Um, we're -- we're going to dinner At the trustees dining room at the met.
But we're gonna start out downstairs at the wine bar.
Mm-hmm, it's kind of a progressive dinner, But without the name tags.
[ chuckling .]
but I'm always tempted To write pseudonyms on those.
I did that once.
I actually wrote "jane austen" down.
I don't know what I was thinking.
How long before you got caught? Really soon.
20 minutes.
I ran into someone I knew.
It was very embarrassing.
Oh, but it was inspired.
Thank you.
[ both laugh .]
Oh, nice meeting you.
You, too.
Hey.
The judge still hasn't shown up yet? Not so's I can tell.
Give me a second.
Big "v.
" What's up? Where's the boss? How long does it take to get her claws sharpened? Come on, now.
Play nice.
No word? I just punch the clock, man.
I'm here, you know, until I'm not.
Peace.
[ singsong voice .]
good morning.
No, it's not.
[ normal voice .]
we're on the calendar for trial.
So I've already been told.
What's going on? [ sighs .]
"late" is actually a four-letter word.
I'm here.
And life resumes.
You didn't answer your phone or your texts or your e-mail.
I must be out of power.
There's only so much courtroom that I can run, trudy, Without an actual appointment to the bench.
I'm sure you did just fine.
That's not the point.
What is the point? [ scoffs .]
you're never late.
Circumstances beyond my control.
That's the same outfit as yesterday.
He was worth the 10 grand I paid that matchmaker.
That's a lot of money.
Sometimes you get what you pay for.
On a first date? I'm not in high school.
He's a wonderful man, and you're not my mother.
[ sighs .]
All rise.
Court is now in session.
The honorable judge trudy kessler presiding.
Vince, I know you see mendoza At the top of the list, right, right? Number 14 on the calendar - people vs.
Luis mendoza, Charged 110, 160-10, attempted robbery in the first degree.
Marcus mcgrath for the people, your honor.
Jerry kellerman for the office Of the public defender, your honor.
Both sides ready for trial? Yes, judge.
We are, too, your honor.
Well, I'm not.
Have you turned discovery over to the defense yet, Mr.
Mcgrath? Well, since we haven't chosen a jury yet -- Is that a slow no, counselor? Yes.
So, no? No.
All right, well, let's start there.
I'd like to see if the two of you can generate a disposition.
Sometimes the facts make all the difference.
Your honor, the fact is the people Don't even have a willing complainant.
Only the vindictiveness of the prosecutor Is making us take up the court's time.
Save the rhetoric, Mr.
Kellerman.
You overrate its charms.
Either you and Mr.
Mcgrath come up with some understanding, Or we'll start voir dire tomorrow.
Moving forward, please.
Okay, that's a good thing.
I commend you on your clayton motion, Mr.
Woolsley -- Nicely drafted.
Somewhat wasteful paper resources.
I believe you had A very motivated researcher working for you? But after careful consideration, I'm not persuaded That a dismissal in the interest of justice Is the appropriate outcome.
Refer him to the conclusion.
No -- Your honor, uh, I'd like you to read the conclusion To the motion because I think -- Oh, my.
No, no.
No, no, no, no.
Mr.
Woolsley, please instruct your client To adhere to courtroom protocol.
Isn't that taught in law school anymore, Mr.
Parsons? Never mind.
No, having already read the entire motion, Mr.
Parsons, I'm denying it.
Thank you, your honor.
No, I have a better plan for resolving this matter.
Calendar an apology hearing for tomorrow, ms.
Watkins.
An apology hearing, judge? Did you just ask me a question? No, sir, th-that was me repeating you, sir.
Could your honor explain the -- The nature of an apology hearing? Well, consider it a final pretrial conference, The last chance for a soft landing, Because if this case moves forward, Believe me -- There will be losers on both sides of the aisle.
Come to bed.
I'm working, bobbi.
You've been watching the same 15 seconds for like an hour.
Yeah, maybe for another hour and maybe until the sun comes up.
Okay, no problem.
I -- I turned the sound off for you.
And I put a pillow over my eyes.
Okay, well, I'm sorry if my trial Is getting in the way of your sleep.
Hey, it's late.
Please don't pick a fight with me.
I'm not.
I'm not.
I've been here too long.
You feel crowded.
[ chuckles .]
Come on.
Now you're a shrink? See what I mean? It's a chemical reaction.
Gerbils eat their babies, and people fight.
This is why I need my own place.
You want to move out? Well, I never really moved in.
It's not like we're living together.
It's very, very similar.
I'm a guest.
SoCome be a good host.
[ chuckles .]
You can't let jerry get inside your head, Marcus.
He's like the snake in the garden Making bad choices sound good.
[ hisses .]
[ chuckles .]
Tempting us away from righteousness? Well, don't you think? It's just this guy -- mendoza.
He's put his life back together.
Is that a factor considered in the statutes? No.
I know.
You're letting jerry make you feel guilty.
I've been there.
Okay, not there.
But that's his m.
O.
You need to just focus on the facts.
Not the mitigation.
Ooh, I got to go.
Farnsworth awaits.
What is this? Mm, the overhead accessory for the baby gym.
I wondered where it went to.
Why is it on my desk? Why -- why is any of this on my desk? Sorry.
Sorry, you weren't here.
We just needed the space.
In my evidence box? Come on, guys.
I'm trying to prep a trial here.
Shh, shh, shh, shh.
You don't want to wake the baby.
Trust me.
Bobbi, we're lawyers, okay? We're not nannies, okay? And please don't tell me it takes a village.
Richard, you got to go, or you'll be late.
Oh! Farnsworth! [ sighing .]
Come on! Come on.
You can make it.
Gonna give me a heart attack.
Move, move, move! All rise.
Court is now in session.
The honorable albert farnsworth presiding.
Please be seated.
Docket ending 3718 -- People of the state of new york vs.
James parsons.
Michelle ernhardt for the people, your honor.
Richard woolsley, office of the public defender, your honor.
This settlement conference Is meant to determine fault, not guilt, Moral, not legal culpability.
It is neither compulsory nor binding, But it is certainly influential.
Welcome to my house.
Nobody leaves until I let them.
Carl: The defendant was at the end of the row.
Everyone stood for the national anthem.
I was singing along with them When the defendant started pushing his way out, Causing a commotion, disrupting people.
Then some of the fans got mad, Like, "what, he couldn't wait a minute for the anthem to end?" Then he started to push his way past me, And I saw he had a beer in his hand.
And it smelled to me Like it hadn't been his first one of the evening.
Is that when you introduced yourself as a police officer And asked Mr.
Parsons to show you proof of age? Yes, he looked under 21 to me.
Then what happened? Well, he started yelling that he had a first-amendment right To do whatever the "f" he wanted to during the national anthem.
And he told me he could piss all over the flag if he wanted to, But he'd rather piss in the men's room.
And then he told me to get the "f" out of his way.
What did you do? Well, I physically blocked his exit And repeated my request for his identification.
And did Mr.
Parsons comply? No.
No, he did not.
He threw his beer all over me, At which point I placed him under arrested, And he tried to put up a fight.
But I've handled intoxicated suspects before.
Object to facts not in evidence.
No.
How long have you been with the nypd, officer howard? [ clears throat .]
I came on the force in, uh -- in 2002, And then I -- I took a leave of absence in 2005 To join the u.
S.
Army.
Where did you serve? I did two tours in iraq.
As in cross-examination, your honor? If we were on trial, which we're not.
Right.
Officer howard, you're obviously a patriotic man.
"the star-spangled banner" Has special meaning for you, doesn't it? Yes, it does.
And you were offended when Mr.
Parsons Didn't show the same respect you showed.
Absolutely.
But like he said, he had a right.
And not to get all maudlin about it, But that's why I went to iraq -- For the freedoms we have, including the defendant's.
Look, let him piss all over the flag if he wants.
It's not about that, even if I lost friends for the flag.
You testified that Mr.
Parsons threw his beer all over you Yes.
When you asked him for his I.
D Yes.
Which would have been in the wallet He had to take out of his pocket, While holding a full cup of beer.
Right.
Officer, where exactly did the beer hit you? Um, my feet, my legs.
Exactly where it would have hit you If the cup had accidentally slipped Out of Mr.
Parsons' hand, correct? He was looking right at me.
It didn't slip.
He let it go.
Didn't you say he threw it at you? I needed to use the restroom.
I couldn't wait.
I was sidestepping out of the row When officer howard blocked my exit And told me that I couldn't leave until the anthem was over.
Were you aware that he was a police officer? Not until he badged me, no.
I thought he was just some wingnut Trying to impose his politics on me, And I got righteous with him.
What exactly did he say to you? Uh, he said, "show some respect, harvard.
Stand still.
Put your hand on your heart.
" Why did he call you "harvard"? I was wearing a t-shirt that said "harvard yard.
" Did you go to harvard? [ chuckles .]
uh, no, no, ohio state.
Uh, but harvard yard service is the name of the yard service I used to work for -- me and my dad.
Harvard yard service, you know -- Easy to remember, right? It's funny in cincinnati.
[ chuckles .]
After officer howard produced his badge And asked you for your I.
D.
, what happened next? I was reaching for my wallet and I forgot about the cup And it tilted a little and -- and spilled.
Um, I overreacted and I squeezed too hard, And it -- it just popped right out of my hand.
Did you deliberately pour your beer on officer howard? No, I did not.
Did you behave in a disorderly manner? No, I did not.
Did you resist arrest? Not in any way at all.
Finished, your honor.
Ms.
Ernhardt? No questions, your honor.
How strategic.
You may sit down, Mr.
Parsons.
Counsel, approach.
I believe what is required here Is an alternative dispute resolution.
Um A.
D.
R.
Doesn't actually exist for criminal cases, your honor.
Yes, I'm actually aware of that, counselor, But let's great creative, shall we? Let's see if we can conserve Some of the short resources of the criminal justice system.
Agreed? Sure.
Yeah.
Since I believe mutual misconceptions Led to mutual bad behavior, I believe the civilized solution would be mutual apologies Known legally as conciliation Often called "the right thing.
" Um, how exactly would we achieve that, your honor? Oh [chuckles.]
that's your problem, counselors.
Figure it out.
That's all.
I have to apologize? I didn't start it.
Let me ask you -- If the guy had been wearing his army uniform -- Oh, you're loading up here.
If he'd been missing an arm? Okay, then I'd have been a total dick to interrupt him, But that's not what happened.
Same guy, though.
With both arms and both legs and a badge he abused.
You know it, richard.
I know a conviction Could end your law career before it begins.
[ sighs .]
Apologize for what, for doing my job? I don't think so.
You saw how the defense is gonna argue that you stopped him Just because he disrespected the anthem.
That's not true, even though he was violating federal law.
About the anthem? Look, I looked it up for you.
Look.
U.
S.
Code, title 36, subtitle I, Part "a," chapter 3, paragraph 301.
"during a rendition of the national anthem, "all present should stand at attention, "facing the flag with the right hand over the heart "at the first note of the anthem And should maintain that position until the last note.
" Now, "when the flag is not displayed, "all present should face toward the music "and act in the same manner they would If the flag were displayed.
" It's a clear violation of free speech.
It's not enforceable.
[ sighs .]
Yeah, I know.
I know.
But the alcoholic beverage control law is.
I have to say, Jamie parsons doesn't look like he's under 21.
Well, not to you, maybe.
Carl, if these charges get dismissed -- For whatever reason - you're exposed to a civil lawsuit.
He does know how to do that.
Wh-- sue me for what? [ sighs .]
False arrest, violating his constitutional rights.
See, that's -- that's a bunch of bull, no.
Sure.
[ scoffs .]
But his apology on the record, admitting fault, Would protect you.
[ chuckles .]
So, the only way to get one is to give one.
You both had the wrong impressions of each other.
I mean, you figured he was some rich-kid asshole -- No, no, no, no, no.
I w-- I was wrong.
I was wrong about the rich-kid part, But he was still an asshole.
[ chuckles .]
[ chuckles .]
And you probably think we have that in common, don't you? No, I don't.
But isn't it possible that you both overreacted? [ sighs .]
I'll let you know.
As soon as he came through the door, I saw we were in for some trouble.
You knew the defendant intended to rob you? I knew he intended to try.
You don't usually go shopping with a ball bat at midnight.
What did Mr.
Mendoza say to you? I don't remember the exact words.
He asked me for money.
He ordered you to take all the money Out of the cash register, didn't he? It came out more like a request.
While he had his baseball bat, Loaded up behind his shoulder, ready to use it on you? He wasn't going to hurt me.
Then why did you bother hitting the silent alarm, Mr.
Pappas? I wish I hadn't.
Because you feel sorry for the man who tried to rob you? Yes.
The man you stopped by pulling out your shotgun From under your counter and pointing it at him? I hadn't heard his story yet.
Because he didn't walk into your market And appeal to you for charity, did he? He came in with a deadly weapon and demanded cash from you.
And the only reason he didn't hurt you Is because you had an even deadlier weapon.
He didn't want to hurt me.
He was just trying to scare me.
How do you know that? He told me.
While he was staring down The barrels of your shotgun, correct? Yes.
Mr.
Pappas, I'd like to show you video footage Recorded from the security camera at your store, Marked "people's exhibit 5.
" I'm sorry! I don't want to have to hurt you, man, But I got to have the cash! Ari: No.
Come on! Open the register! No.
Open the register! I don't want to have to -- Is that what you meant by, "it came out more like a request"? That was just the feeling I got.
From "open the register"? Cameras don't have gut instincts.
No.
They have eyes and ears.
Thank you, Mr.
Pappas.
Sidebar, judge? Approach.
Your honor, before Mr.
Kellerman starts his cross, I'd ask you to limit his questions To the scope of my direct and exclude any further Portion of the videotape he may try to introduce.
Why don't you just duct-tape my mouth shut? My defense is based on what happened next.
Having viewed all of the footage, your honor -- Well, I haven't, And I'm not gonna make a ruling sight unseen.
We'll play the rest in chambers.
No.
Open the register! I don't want to have to use this! I'm not giving you my money.
Please! Now! All right, pause it, please.
Uh, go back two seconds.
Mr.
Kellerman, you might rule the remote In your own home, but not here.
Charlie, keep playing.
If you just watch Mr.
Mendoza's elbows, your honor.
He -- he brings them down to his waist right -- right there.
See? He lowers the bat.
Mr.
Pappas had time to reach for the gun under the counter 'cause Mr.
Mendoza had already abandoned the crime.
Or -- or -- or his arms got tired.
Shh, I'm listening.
I'm sorry! I'm sorry! I never stole nothing before, but I lost my job! There's no work! [ voice breaking .]
I got a family, Two tiny kids I got to take care of.
I was never gonna hurt you! I swear to god! How old are your kids? [ exhales sharply .]
My boy's 2, and my little girl's 4 months old.
All of us living in a half a room with another family.
[ crying .]
if I don't make the rent, we could lose that, too.
I didn't know what else to do.
Well, crying won't help.
You're just gonna get the floor wet.
How did you think you were gonna get away with all this? Come on.
Get up, man.
Get up! Come on! Get up! Get out.
Here.
Take this.
Just go.
Thank you.
Yeah, right.
Thank you.
[ siren wailing .]
get out of here.
All right, turn it off, charlie.
I've seen enough.
Well, the human heart never ceases to amaze me.
Before Mr.
Mendoza ever knew there was a gun, He showed a -- a voluntary and complete renunciation Of any criminal purpose, in line with 4010.
The video supports A renunciation defense, your honor.
Well, I'm not sure I agree.
But I won't preclude any portion of the video, As long as the people insist on prosecuting Mr.
Mendoza With attempted robbery.
And if the people choose to drop that charge, your honor? Well, it's my observation that Mr.
Kellerman Might have an attempted-robbery defense.
But burglary is complete The moment the defendant crosses the threshold.
The people move to dismiss The attempted-robbery charges against Mr.
Mendoza And to limit the admissibility of the video To the people's exhibit already played for the jury.
The people are entitled to dismiss a charge, Mr.
Kellerman.
You should be grateful.
And the video, your honor? Without the robbery charge, Additional footage is irrelevant.
I'll preclude it.
And for that reason, Mr.
Kellerman, You're to limit your cros s-examination of Mr.
Pappas To the scope of the direct.
Well, that leaves me with no questions, judge.
That's your choice.
you're saying I'm worse off than I was? Yes.
With only half the charges - I-I-I don't get it.
We needed more of the videotape.
We needed more of ari pappas To show the jury why you were there at all.
Now they won't know you, Luis.
They won't know that you couldn't go through with it.
Okay.
[ sighs .]
We have no way to bring the jury over to our side.
I can tell them.
I can testify.
How about that? Except now your intent after entering the building Is irrelevant.
The judge might not even let you testify about it.
And what's worse - if you do take the stand, The d.
A.
Will introduce your prior.
He'll use your old felony-assault charges To give the jury the wrong impression.
That was a long time ago.
When's the past ever past? Not yet.
So I'm gonna lose, is what you're trying to tell me.
This judge is cold, Luis.
She does not go light when she sentences.
Y-you cannot expect any sympathy from her.
You already see how she works.
You're better off with the d.
A.
[ chuckles .]
My wifeIs not the independent type, jerry.
She can't handle things on her own.
If I go to jail, Ana will have to take the kids to california And move in with her sister.
That'll work.
But my kids are babies.
They won't remember anything about me.
How old will they be when I get out And need to be introduced to them And to whatever guy's taken my place? Life don't stop, jerry.
You know? Heads.
Lead off, officer howard.
[ sighs .]
[ clears throat .]
I, um -- I've been trying to figure out how to do this, your honor.
I-I have no problems taking orders.
I know I don't have to agree with them.
I just have to carry them out.
So if you're ordering me to apologize, Then, okay, I apologize.
Not very persuasive, I'm afraid.
Try again, please.
I'm sorry this happened.
An entirely accurate statement, I am sure, But you haven't acknowledged any responsibility For the events that occurred.
Okay, look, I-I know I should have let him get past me.
I know that.
Let me be clearer.
I'm listening for the words, "I'm sorry, Mr.
Parsons.
I was wrong.
" I'm sorry, Mr.
Parsons.
I was wrong.
Not for how I felt - I'm not sorry about that 'cause the national anthem isn't just a bunch of notes That are hard to sing, but It's why I should have let you go to the bathroom -- Because like you told me This is america, bro.
And And if I don't believe in that all the way, Then what the hell was I ever doing in a humvee in baghdad? Mr.
Parsons? [ chair creaking .]
[ clears throat .]
Officer howard, uh I'm sorry [ inhales deeply .]
That we had tickets in the same row.
I'm sorry that I drank 22 ounces of a known diuretic, Or else I could have stayed in my seat.
I'm sorry that I exited left instead of exiting right.
And I'm sorry That I didn't respect your firs t-amendment right To express your opinion to me.
I was rude.
I was wrong.
I believe you had a motion to dismiss, ms.
Ernhardt.
[ sighing .]
yes.
You walked into it, jerry.
What else was I gonna do -- lose? You want to argue, or you want to negotiate? Renunciation was a great defense, Marcus.
Didn't convince me.
Renunciation requires a change of heart before the crime, Not smack-dab in the middle of it when the plan falls apart.
That was for the jury to decide.
After you played them for sympathy? This ain't "oprah.
" [ scoffs .]
You can't tell me you don't feel any sympathy for Luis.
No, I do, and had he been inside, Waiting for trial all this time, I might have considered time served.
But he's been out.
Oh, so you have to punish him Because the grand jury didn't indict in time And he was legally allowed to go home to his family? Don't twist this.
No, it's how he turned his life around, Marcus.
He's a good citizen.
He pays his bills, pays his taxes.
What are we doing here? The man spent a total of 144 hours in jail According to law.
For armed robbery.
Attempted robbery.
He's already down to burg 3.
I could go with 2 to 4.
About twice as much as time served would have been.
I mean, th-that's a bad lucky break He got from the grand jury.
then let's finish trying the case.
[ sighs .]
Attempted burglary.
1 1/2 to 3? It's way better than the 7 kessler could give him.
[ sighs .]
You know, you're tearing apart a family.
Every day.
But people go to war.
People get jobs in other cities.
People get sick.
People go to jail.
Families get through it.
Love can last, for better or for worse, you know? But then again, I've always been more of a romantic than you, jerry.
We got a deal? Yeah, we do.
Bad choices, bad consequences.
Hey, could have gone worse.
Doesn't make me feel any better.
I heard about Luis.
I'm sorry.
I can't even talk about it.
[ briefcase thuds .]
âTª falling through âTª âTª forever âTª Did you find anything? Some possibilities, but no fire sales.
I want more than I can get, but who doesn't? I don't think you should rush into anything.
No? âTª feel the same âTª Maybe you should just put the money aside And just rent for a while.
What's the advantage? Well, if we [ sighs .]
We rent a place together Something bigger Nicer See how things work out.
Simon says take a giant step.
[ chuckles .]
I'm as scared as you are, honey.
Who you calling scared? So, is that a "yes"? [ chuckles .]
Yes.
Delgado, Saying how I always show up, I'm always on time, I'm dependable.
Okay.
Um, from father Vargas -- How me and my family are always at mass every Sunday.
Great.
From my landlord.
I bring him the rent myself every month so it ain't late.
This is the mail, yeah.
Uh, from my neighbor -- How there's no problems at home.
He knows he can count on me - me and my wife.
Okay.
Um She made these for you, jerry.
Oh, boy.
[ sniffs .]
Mmm.
Cinnamon.
[ chuckles .]
Ana takes good care of you, Luis.
Mmm.
JerryI go to jail, and I lose everything I've worked for -- My job, my place, my family.
Marcus: I'm touched, Jerry.
No, I mean it.
The man knows how to make friends, Which doesn't change the facts, of course.
He's rebuilt his life, Marcus.
None of these good people were there When he walked into the corner store with a weapon -- A baseball bat.
A dangerous weapon and held up the owner on videotape.
The rent was due.
Was due.
Two hungry little kids, His wife begging for food from the neighbors.
A prior for assault.
A bar fight eight years ago.
Me, I tend to avoid those.
Your guy looks for trouble.
All right, so put him on a short leash.
Give him probation.
Be real.
They're good, aren't they? Mm-hmm.
Where did you get these? Luis' wife.
[ sighs .]
you are so low.
There's a whole family at risk here.
His wife needs him.
His kids need him.
Save it for sentencing.
Come on, Marcus.
Even the complainant didn't want to complain.
Forgiveness is a beautiful thing.
But it isn't the victim's call.
It's mine.
You had to strong-arm him into testifying Even for the grand jury.
Always the master of overstatement.
That's why you didn't get your indictment in time And Luis had to be released.
Mr.
Mendoza is a two-time violent offender Whose wife can cook.
Mm-mmm! Now, if he wants to take three years -- He doesn't.
Thanks for breakfast.
Jury's gonna love him, Marcus.
Then you have nothing to worry about, my friend.
Jehovah's witnesses don't salute the flag Or recite the pledge of allegiance Or stand for the national anthem.
[ chuckling .]
they sure as hell don't sing it.
So, if they're protected by the first amendment, so am I.
West Virginia Statebboard of Education v.
Barnette, U.
S.
Supreme court, 1943.
Your con law class? A's both semesters.
Props.
There.
Read what I highlighted.
"if there is any fixed star "in our constitutional constellation, It is that no official, high or petty --" Key word right there -- "petty.
" "Can prescribe what shall be orthodox "in politics, nationalism, religion, Or other matters of opinion.
" So sayeth U.
S.
Justice Robert Jackson, Definitively establishing that the cop at the garden Had no authority to interfere with my first-amendment right To ignore the national anthem, which is a crappy song anyhow.
Of course, you're not charged with failure to sing.
No, he was offended that I would have the nerve To go to the bathroom during the national anthem.
Well, I have the right to offend.
United States v.
Eichman, 1990 -- "the government may not prohibit the expression of an idea "simply because society finds the idea itself Offensive or disagreeable.
" Although, I have to tell you, An off-duty, out-o f-uniform cop at a basketball game Probably doesn't qualify as the government, Jamie.
He was acting under the color of authority.
When your beer accidentally fell on him after he confronted you.
Exactly.
An arrest stays on your record for life.
Nothing we can do about that.
But an A.
C.
D.
-- Ties my hands.
Not at all.
The dismissal is sealed in six months, And the record's expunged.
You'll have no rap sheet, no admission of guilt, No criminal complaint.
Even the state bar shouldn't hold it against you.
You'll be able to practice law, jamie.
Except an A.
C.
D.
Precludes my right to sue For malicious prosecution and false arrest.
I don't even know if I can get you an A.
C.
D.
[ sighs .]
harassing a cop? Disorderly conduct, Obstructing governmental administration, Resisting arrest -- it adds up.
On my side.
Overcharging like this goes straight to malice.
This isn't moot court.
Jamie, we're in real court now.
I was right, all right? He was wrong.
The cop was wrong.
He abused his power.
Why go to law school if you don't believe in justice? The problem is that "law" and "justice" aren't synonymous.
[ scoffs .]
It's okay to quote you on that, right? W-where? Oh, on my new blog -- ohsaycanyoupee.
Com? [ chuckles .]
Just spell my name right.
Mm.
Come on.
Hey.
Officer, um Carl howard.
Ah.
Hi.
Hi.
The a.
O.
In new york vs.
James parsons.
Oh, the scuffle at the garden.
Marcus: Carl testified for me last month.
Got yourself a roc k-solid win this year, michelle.
Well, if we have to take it that far.
Well, see, that's why I'm here -- To ask you not to cut a cheap deal For this punk-ass law student who thinks he's special.
Well, he's definitely stupid.
[ chuckles .]
Look, I know this may not seem like a big deal to you -- What happened.
No, I understand.
There was escalation.
And don't let all his first-amendment crap Back you down.
You think I scare easy? No, ma'am, I don't, But this guy knows how to create a diversion.
And look, he doesn't want to sing the national anthem, That's fine, that's his business.
But when he starts disrupting other people who want to sing, That's disorderly.
And when he throws a beer on someone, that's harassment.
And when he starts screaming "police brutality" And waving his arms around, that's resisting arrest, Not to mention endangering public safety, Which you could probably add on to your charges.
Thanks for the advice.
Look, all I'm saying is this guy doesn't deserve any sympathy.
I get it, carl.
Look, he looked young.
He was holding an alcoholic beverage.
I had cause to ask him for his identification.
Which doesn't have anything to do With his behavior during the anthem.
Now, look, that's just smoke and mirrors.
Now, you know this guy thinks he can game us all -- I mean, like going to law school makes him above the law.
It doesn't.
Well, at least it shouldn't.
So, make him sweat a little, hmm? [ chuckles .]
Yeah, wise him up.
Can do.
You don't have the mozart mobile yet, do you? The what? It's a developmental mobile -- "to stimulate deep neuron activity, Aiding cognitive and emotional development.
" Am I too old for one of those? You're fully developed.
What? [ chuckles .]
cognitively and emotionally.
Thank you.
[ chuckles .]
I'm ordering overnight delivery.
Richard, you have 11 items in your shopping cart.
All recommend.
It's not like you had a baby shower.
Oh.
No, he's not my baby.
We don't know what's gonna happen.
Hey.
Hey, you.
Hi.
Come here, yeah.
Oh, you are so cute.
Hey.
[ chuckles .]
Hey.
Oh, um, the agent called.
She's bringing me an offer on the apartment.
Solid offer? Apparently.
That's great.
Yeah, she's gonna start showing me What's available in my price range.
To buy? Yeah, something smaller, you know? I don't need a lot of space by myself.
Right? Just so long as I have a kitchen I can cook in, huh? Yeah.
[ chuckles .]
You are so cute.
You're making me nervous.
Who's tonight's lucky guy? [ sighs .]
robert shepherd.
He's a book editor, divorced -- not recently -- One child, grown-up.
So far, so good.
He says he likes to travel, says he's athletic.
But, you know, they all lie about that.
I like the sound of his voice, though.
He didn't sound phony.
Have you seen a photo? No, luckily neither of us has to live off our looks.
Come on, trudy.
Where's your confidence? You look fabulous.
I'm not bad, right? He will not be disappointed.
[ sighs .]
He's gonna be here any minute.
Go wait for him.
Tell me what you think.
And after this, I'm firing that dating service.
[ door closes .]
[ sighs .]
Mr.
Shepherd? Hello.
I, uh -- I'm charlie sagansky, Judge kessler's law secretary.
How do you do? Did she ask you to size me up? Mm.
I'll tell her you're here.
[ chuckles .]
be kind, please.
Well? I think you're gonna like him.
[ sighs .]
Hello, trudy.
Hi, robert.
Are you ready? [ laughs .]
Yeah, yeah.
Um, we're -- we're going to dinner At the trustees dining room at the met.
But we're gonna start out downstairs at the wine bar.
Mm-hmm, it's kind of a progressive dinner, But without the name tags.
[ chuckling .]
but I'm always tempted To write pseudonyms on those.
I did that once.
I actually wrote "jane austen" down.
I don't know what I was thinking.
How long before you got caught? Really soon.
20 minutes.
I ran into someone I knew.
It was very embarrassing.
Oh, but it was inspired.
Thank you.
[ both laugh .]
Oh, nice meeting you.
You, too.
Hey.
The judge still hasn't shown up yet? Not so's I can tell.
Give me a second.
Big "v.
" What's up? Where's the boss? How long does it take to get her claws sharpened? Come on, now.
Play nice.
No word? I just punch the clock, man.
I'm here, you know, until I'm not.
Peace.
[ singsong voice .]
good morning.
No, it's not.
[ normal voice .]
we're on the calendar for trial.
So I've already been told.
What's going on? [ sighs .]
"late" is actually a four-letter word.
I'm here.
And life resumes.
You didn't answer your phone or your texts or your e-mail.
I must be out of power.
There's only so much courtroom that I can run, trudy, Without an actual appointment to the bench.
I'm sure you did just fine.
That's not the point.
What is the point? [ scoffs .]
you're never late.
Circumstances beyond my control.
That's the same outfit as yesterday.
He was worth the 10 grand I paid that matchmaker.
That's a lot of money.
Sometimes you get what you pay for.
On a first date? I'm not in high school.
He's a wonderful man, and you're not my mother.
[ sighs .]
All rise.
Court is now in session.
The honorable judge trudy kessler presiding.
Vince, I know you see mendoza At the top of the list, right, right? Number 14 on the calendar - people vs.
Luis mendoza, Charged 110, 160-10, attempted robbery in the first degree.
Marcus mcgrath for the people, your honor.
Jerry kellerman for the office Of the public defender, your honor.
Both sides ready for trial? Yes, judge.
We are, too, your honor.
Well, I'm not.
Have you turned discovery over to the defense yet, Mr.
Mcgrath? Well, since we haven't chosen a jury yet -- Is that a slow no, counselor? Yes.
So, no? No.
All right, well, let's start there.
I'd like to see if the two of you can generate a disposition.
Sometimes the facts make all the difference.
Your honor, the fact is the people Don't even have a willing complainant.
Only the vindictiveness of the prosecutor Is making us take up the court's time.
Save the rhetoric, Mr.
Kellerman.
You overrate its charms.
Either you and Mr.
Mcgrath come up with some understanding, Or we'll start voir dire tomorrow.
Moving forward, please.
Okay, that's a good thing.
I commend you on your clayton motion, Mr.
Woolsley -- Nicely drafted.
Somewhat wasteful paper resources.
I believe you had A very motivated researcher working for you? But after careful consideration, I'm not persuaded That a dismissal in the interest of justice Is the appropriate outcome.
Refer him to the conclusion.
No -- Your honor, uh, I'd like you to read the conclusion To the motion because I think -- Oh, my.
No, no.
No, no, no, no.
Mr.
Woolsley, please instruct your client To adhere to courtroom protocol.
Isn't that taught in law school anymore, Mr.
Parsons? Never mind.
No, having already read the entire motion, Mr.
Parsons, I'm denying it.
Thank you, your honor.
No, I have a better plan for resolving this matter.
Calendar an apology hearing for tomorrow, ms.
Watkins.
An apology hearing, judge? Did you just ask me a question? No, sir, th-that was me repeating you, sir.
Could your honor explain the -- The nature of an apology hearing? Well, consider it a final pretrial conference, The last chance for a soft landing, Because if this case moves forward, Believe me -- There will be losers on both sides of the aisle.
Come to bed.
I'm working, bobbi.
You've been watching the same 15 seconds for like an hour.
Yeah, maybe for another hour and maybe until the sun comes up.
Okay, no problem.
I -- I turned the sound off for you.
And I put a pillow over my eyes.
Okay, well, I'm sorry if my trial Is getting in the way of your sleep.
Hey, it's late.
Please don't pick a fight with me.
I'm not.
I'm not.
I've been here too long.
You feel crowded.
[ chuckles .]
Come on.
Now you're a shrink? See what I mean? It's a chemical reaction.
Gerbils eat their babies, and people fight.
This is why I need my own place.
You want to move out? Well, I never really moved in.
It's not like we're living together.
It's very, very similar.
I'm a guest.
SoCome be a good host.
[ chuckles .]
You can't let jerry get inside your head, Marcus.
He's like the snake in the garden Making bad choices sound good.
[ hisses .]
[ chuckles .]
Tempting us away from righteousness? Well, don't you think? It's just this guy -- mendoza.
He's put his life back together.
Is that a factor considered in the statutes? No.
I know.
You're letting jerry make you feel guilty.
I've been there.
Okay, not there.
But that's his m.
O.
You need to just focus on the facts.
Not the mitigation.
Ooh, I got to go.
Farnsworth awaits.
What is this? Mm, the overhead accessory for the baby gym.
I wondered where it went to.
Why is it on my desk? Why -- why is any of this on my desk? Sorry.
Sorry, you weren't here.
We just needed the space.
In my evidence box? Come on, guys.
I'm trying to prep a trial here.
Shh, shh, shh, shh.
You don't want to wake the baby.
Trust me.
Bobbi, we're lawyers, okay? We're not nannies, okay? And please don't tell me it takes a village.
Richard, you got to go, or you'll be late.
Oh! Farnsworth! [ sighing .]
Come on! Come on.
You can make it.
Gonna give me a heart attack.
Move, move, move! All rise.
Court is now in session.
The honorable albert farnsworth presiding.
Please be seated.
Docket ending 3718 -- People of the state of new york vs.
James parsons.
Michelle ernhardt for the people, your honor.
Richard woolsley, office of the public defender, your honor.
This settlement conference Is meant to determine fault, not guilt, Moral, not legal culpability.
It is neither compulsory nor binding, But it is certainly influential.
Welcome to my house.
Nobody leaves until I let them.
Carl: The defendant was at the end of the row.
Everyone stood for the national anthem.
I was singing along with them When the defendant started pushing his way out, Causing a commotion, disrupting people.
Then some of the fans got mad, Like, "what, he couldn't wait a minute for the anthem to end?" Then he started to push his way past me, And I saw he had a beer in his hand.
And it smelled to me Like it hadn't been his first one of the evening.
Is that when you introduced yourself as a police officer And asked Mr.
Parsons to show you proof of age? Yes, he looked under 21 to me.
Then what happened? Well, he started yelling that he had a first-amendment right To do whatever the "f" he wanted to during the national anthem.
And he told me he could piss all over the flag if he wanted to, But he'd rather piss in the men's room.
And then he told me to get the "f" out of his way.
What did you do? Well, I physically blocked his exit And repeated my request for his identification.
And did Mr.
Parsons comply? No.
No, he did not.
He threw his beer all over me, At which point I placed him under arrested, And he tried to put up a fight.
But I've handled intoxicated suspects before.
Object to facts not in evidence.
No.
How long have you been with the nypd, officer howard? [ clears throat .]
I came on the force in, uh -- in 2002, And then I -- I took a leave of absence in 2005 To join the u.
S.
Army.
Where did you serve? I did two tours in iraq.
As in cross-examination, your honor? If we were on trial, which we're not.
Right.
Officer howard, you're obviously a patriotic man.
"the star-spangled banner" Has special meaning for you, doesn't it? Yes, it does.
And you were offended when Mr.
Parsons Didn't show the same respect you showed.
Absolutely.
But like he said, he had a right.
And not to get all maudlin about it, But that's why I went to iraq -- For the freedoms we have, including the defendant's.
Look, let him piss all over the flag if he wants.
It's not about that, even if I lost friends for the flag.
You testified that Mr.
Parsons threw his beer all over you Yes.
When you asked him for his I.
D Yes.
Which would have been in the wallet He had to take out of his pocket, While holding a full cup of beer.
Right.
Officer, where exactly did the beer hit you? Um, my feet, my legs.
Exactly where it would have hit you If the cup had accidentally slipped Out of Mr.
Parsons' hand, correct? He was looking right at me.
It didn't slip.
He let it go.
Didn't you say he threw it at you? I needed to use the restroom.
I couldn't wait.
I was sidestepping out of the row When officer howard blocked my exit And told me that I couldn't leave until the anthem was over.
Were you aware that he was a police officer? Not until he badged me, no.
I thought he was just some wingnut Trying to impose his politics on me, And I got righteous with him.
What exactly did he say to you? Uh, he said, "show some respect, harvard.
Stand still.
Put your hand on your heart.
" Why did he call you "harvard"? I was wearing a t-shirt that said "harvard yard.
" Did you go to harvard? [ chuckles .]
uh, no, no, ohio state.
Uh, but harvard yard service is the name of the yard service I used to work for -- me and my dad.
Harvard yard service, you know -- Easy to remember, right? It's funny in cincinnati.
[ chuckles .]
After officer howard produced his badge And asked you for your I.
D.
, what happened next? I was reaching for my wallet and I forgot about the cup And it tilted a little and -- and spilled.
Um, I overreacted and I squeezed too hard, And it -- it just popped right out of my hand.
Did you deliberately pour your beer on officer howard? No, I did not.
Did you behave in a disorderly manner? No, I did not.
Did you resist arrest? Not in any way at all.
Finished, your honor.
Ms.
Ernhardt? No questions, your honor.
How strategic.
You may sit down, Mr.
Parsons.
Counsel, approach.
I believe what is required here Is an alternative dispute resolution.
Um A.
D.
R.
Doesn't actually exist for criminal cases, your honor.
Yes, I'm actually aware of that, counselor, But let's great creative, shall we? Let's see if we can conserve Some of the short resources of the criminal justice system.
Agreed? Sure.
Yeah.
Since I believe mutual misconceptions Led to mutual bad behavior, I believe the civilized solution would be mutual apologies Known legally as conciliation Often called "the right thing.
" Um, how exactly would we achieve that, your honor? Oh [chuckles.]
that's your problem, counselors.
Figure it out.
That's all.
I have to apologize? I didn't start it.
Let me ask you -- If the guy had been wearing his army uniform -- Oh, you're loading up here.
If he'd been missing an arm? Okay, then I'd have been a total dick to interrupt him, But that's not what happened.
Same guy, though.
With both arms and both legs and a badge he abused.
You know it, richard.
I know a conviction Could end your law career before it begins.
[ sighs .]
Apologize for what, for doing my job? I don't think so.
You saw how the defense is gonna argue that you stopped him Just because he disrespected the anthem.
That's not true, even though he was violating federal law.
About the anthem? Look, I looked it up for you.
Look.
U.
S.
Code, title 36, subtitle I, Part "a," chapter 3, paragraph 301.
"during a rendition of the national anthem, "all present should stand at attention, "facing the flag with the right hand over the heart "at the first note of the anthem And should maintain that position until the last note.
" Now, "when the flag is not displayed, "all present should face toward the music "and act in the same manner they would If the flag were displayed.
" It's a clear violation of free speech.
It's not enforceable.
[ sighs .]
Yeah, I know.
I know.
But the alcoholic beverage control law is.
I have to say, Jamie parsons doesn't look like he's under 21.
Well, not to you, maybe.
Carl, if these charges get dismissed -- For whatever reason - you're exposed to a civil lawsuit.
He does know how to do that.
Wh-- sue me for what? [ sighs .]
False arrest, violating his constitutional rights.
See, that's -- that's a bunch of bull, no.
Sure.
[ scoffs .]
But his apology on the record, admitting fault, Would protect you.
[ chuckles .]
So, the only way to get one is to give one.
You both had the wrong impressions of each other.
I mean, you figured he was some rich-kid asshole -- No, no, no, no, no.
I w-- I was wrong.
I was wrong about the rich-kid part, But he was still an asshole.
[ chuckles .]
[ chuckles .]
And you probably think we have that in common, don't you? No, I don't.
But isn't it possible that you both overreacted? [ sighs .]
I'll let you know.
As soon as he came through the door, I saw we were in for some trouble.
You knew the defendant intended to rob you? I knew he intended to try.
You don't usually go shopping with a ball bat at midnight.
What did Mr.
Mendoza say to you? I don't remember the exact words.
He asked me for money.
He ordered you to take all the money Out of the cash register, didn't he? It came out more like a request.
While he had his baseball bat, Loaded up behind his shoulder, ready to use it on you? He wasn't going to hurt me.
Then why did you bother hitting the silent alarm, Mr.
Pappas? I wish I hadn't.
Because you feel sorry for the man who tried to rob you? Yes.
The man you stopped by pulling out your shotgun From under your counter and pointing it at him? I hadn't heard his story yet.
Because he didn't walk into your market And appeal to you for charity, did he? He came in with a deadly weapon and demanded cash from you.
And the only reason he didn't hurt you Is because you had an even deadlier weapon.
He didn't want to hurt me.
He was just trying to scare me.
How do you know that? He told me.
While he was staring down The barrels of your shotgun, correct? Yes.
Mr.
Pappas, I'd like to show you video footage Recorded from the security camera at your store, Marked "people's exhibit 5.
" I'm sorry! I don't want to have to hurt you, man, But I got to have the cash! Ari: No.
Come on! Open the register! No.
Open the register! I don't want to have to -- Is that what you meant by, "it came out more like a request"? That was just the feeling I got.
From "open the register"? Cameras don't have gut instincts.
No.
They have eyes and ears.
Thank you, Mr.
Pappas.
Sidebar, judge? Approach.
Your honor, before Mr.
Kellerman starts his cross, I'd ask you to limit his questions To the scope of my direct and exclude any further Portion of the videotape he may try to introduce.
Why don't you just duct-tape my mouth shut? My defense is based on what happened next.
Having viewed all of the footage, your honor -- Well, I haven't, And I'm not gonna make a ruling sight unseen.
We'll play the rest in chambers.
No.
Open the register! I don't want to have to use this! I'm not giving you my money.
Please! Now! All right, pause it, please.
Uh, go back two seconds.
Mr.
Kellerman, you might rule the remote In your own home, but not here.
Charlie, keep playing.
If you just watch Mr.
Mendoza's elbows, your honor.
He -- he brings them down to his waist right -- right there.
See? He lowers the bat.
Mr.
Pappas had time to reach for the gun under the counter 'cause Mr.
Mendoza had already abandoned the crime.
Or -- or -- or his arms got tired.
Shh, I'm listening.
I'm sorry! I'm sorry! I never stole nothing before, but I lost my job! There's no work! [ voice breaking .]
I got a family, Two tiny kids I got to take care of.
I was never gonna hurt you! I swear to god! How old are your kids? [ exhales sharply .]
My boy's 2, and my little girl's 4 months old.
All of us living in a half a room with another family.
[ crying .]
if I don't make the rent, we could lose that, too.
I didn't know what else to do.
Well, crying won't help.
You're just gonna get the floor wet.
How did you think you were gonna get away with all this? Come on.
Get up, man.
Get up! Come on! Get up! Get out.
Here.
Take this.
Just go.
Thank you.
Yeah, right.
Thank you.
[ siren wailing .]
get out of here.
All right, turn it off, charlie.
I've seen enough.
Well, the human heart never ceases to amaze me.
Before Mr.
Mendoza ever knew there was a gun, He showed a -- a voluntary and complete renunciation Of any criminal purpose, in line with 4010.
The video supports A renunciation defense, your honor.
Well, I'm not sure I agree.
But I won't preclude any portion of the video, As long as the people insist on prosecuting Mr.
Mendoza With attempted robbery.
And if the people choose to drop that charge, your honor? Well, it's my observation that Mr.
Kellerman Might have an attempted-robbery defense.
But burglary is complete The moment the defendant crosses the threshold.
The people move to dismiss The attempted-robbery charges against Mr.
Mendoza And to limit the admissibility of the video To the people's exhibit already played for the jury.
The people are entitled to dismiss a charge, Mr.
Kellerman.
You should be grateful.
And the video, your honor? Without the robbery charge, Additional footage is irrelevant.
I'll preclude it.
And for that reason, Mr.
Kellerman, You're to limit your cros s-examination of Mr.
Pappas To the scope of the direct.
Well, that leaves me with no questions, judge.
That's your choice.
you're saying I'm worse off than I was? Yes.
With only half the charges - I-I-I don't get it.
We needed more of the videotape.
We needed more of ari pappas To show the jury why you were there at all.
Now they won't know you, Luis.
They won't know that you couldn't go through with it.
Okay.
[ sighs .]
We have no way to bring the jury over to our side.
I can tell them.
I can testify.
How about that? Except now your intent after entering the building Is irrelevant.
The judge might not even let you testify about it.
And what's worse - if you do take the stand, The d.
A.
Will introduce your prior.
He'll use your old felony-assault charges To give the jury the wrong impression.
That was a long time ago.
When's the past ever past? Not yet.
So I'm gonna lose, is what you're trying to tell me.
This judge is cold, Luis.
She does not go light when she sentences.
Y-you cannot expect any sympathy from her.
You already see how she works.
You're better off with the d.
A.
[ chuckles .]
My wifeIs not the independent type, jerry.
She can't handle things on her own.
If I go to jail, Ana will have to take the kids to california And move in with her sister.
That'll work.
But my kids are babies.
They won't remember anything about me.
How old will they be when I get out And need to be introduced to them And to whatever guy's taken my place? Life don't stop, jerry.
You know? Heads.
Lead off, officer howard.
[ sighs .]
[ clears throat .]
I, um -- I've been trying to figure out how to do this, your honor.
I-I have no problems taking orders.
I know I don't have to agree with them.
I just have to carry them out.
So if you're ordering me to apologize, Then, okay, I apologize.
Not very persuasive, I'm afraid.
Try again, please.
I'm sorry this happened.
An entirely accurate statement, I am sure, But you haven't acknowledged any responsibility For the events that occurred.
Okay, look, I-I know I should have let him get past me.
I know that.
Let me be clearer.
I'm listening for the words, "I'm sorry, Mr.
Parsons.
I was wrong.
" I'm sorry, Mr.
Parsons.
I was wrong.
Not for how I felt - I'm not sorry about that 'cause the national anthem isn't just a bunch of notes That are hard to sing, but It's why I should have let you go to the bathroom -- Because like you told me This is america, bro.
And And if I don't believe in that all the way, Then what the hell was I ever doing in a humvee in baghdad? Mr.
Parsons? [ chair creaking .]
[ clears throat .]
Officer howard, uh I'm sorry [ inhales deeply .]
That we had tickets in the same row.
I'm sorry that I drank 22 ounces of a known diuretic, Or else I could have stayed in my seat.
I'm sorry that I exited left instead of exiting right.
And I'm sorry That I didn't respect your firs t-amendment right To express your opinion to me.
I was rude.
I was wrong.
I believe you had a motion to dismiss, ms.
Ernhardt.
[ sighing .]
yes.
You walked into it, jerry.
What else was I gonna do -- lose? You want to argue, or you want to negotiate? Renunciation was a great defense, Marcus.
Didn't convince me.
Renunciation requires a change of heart before the crime, Not smack-dab in the middle of it when the plan falls apart.
That was for the jury to decide.
After you played them for sympathy? This ain't "oprah.
" [ scoffs .]
You can't tell me you don't feel any sympathy for Luis.
No, I do, and had he been inside, Waiting for trial all this time, I might have considered time served.
But he's been out.
Oh, so you have to punish him Because the grand jury didn't indict in time And he was legally allowed to go home to his family? Don't twist this.
No, it's how he turned his life around, Marcus.
He's a good citizen.
He pays his bills, pays his taxes.
What are we doing here? The man spent a total of 144 hours in jail According to law.
For armed robbery.
Attempted robbery.
He's already down to burg 3.
I could go with 2 to 4.
About twice as much as time served would have been.
I mean, th-that's a bad lucky break He got from the grand jury.
then let's finish trying the case.
[ sighs .]
Attempted burglary.
1 1/2 to 3? It's way better than the 7 kessler could give him.
[ sighs .]
You know, you're tearing apart a family.
Every day.
But people go to war.
People get jobs in other cities.
People get sick.
People go to jail.
Families get through it.
Love can last, for better or for worse, you know? But then again, I've always been more of a romantic than you, jerry.
We got a deal? Yeah, we do.
Bad choices, bad consequences.
Hey, could have gone worse.
Doesn't make me feel any better.
I heard about Luis.
I'm sorry.
I can't even talk about it.
[ briefcase thuds .]
âTª falling through âTª âTª forever âTª Did you find anything? Some possibilities, but no fire sales.
I want more than I can get, but who doesn't? I don't think you should rush into anything.
No? âTª feel the same âTª Maybe you should just put the money aside And just rent for a while.
What's the advantage? Well, if we [ sighs .]
We rent a place together Something bigger Nicer See how things work out.
Simon says take a giant step.
[ chuckles .]
I'm as scared as you are, honey.
Who you calling scared? So, is that a "yes"? [ chuckles .]
Yes.