All Rise (2019) s02e15 Episode Script
Hear My Voice
1
Previously on "All Rise"
McCarthy would do a cleanup
for any trainee who
got caught in the hot seat.
Why didn't I ever hear about this?
Watkins, you signed
a statement for McCarthy
when we were fresh out of the academy.
- You don't remember?
- Sorry, Sara, I have to go.
WHITNEY: You are just driving me crazy!
- [THUD]
- Nikki?
Whoa, where are you going?
Get back in here!
- Hey!
- No!
Lo, Benner named the presiding judge
in the McCarthy case. It's you.
Omar, this is new evidence.
This could vacate your conviction.
I'd just like my eye for an eye, please.
- Mark, I've been trying
- No, I know you have.
And the fact that
you're even considering
I'm married.
[SCOFFS]
♪♪
[JASMINE ASH'S "FREE" PLAYING]
♪♪
Uh-oh, uh-oh ♪
♪♪
When all my darkness comes to light ♪
[CELLPHONE BUZZING]
- Hi.
- Hey.
I want to swing by tonight
and pick up some clothes.
Sure. How's the McCarthy trial?
- Oh, you know.
- No, I don't.
We haven't talked much
since you walked out.
I just need a little time,
Amy, to process things.
It's not every day you find out
the woman you love is married.
Nice to hear you still love me.
Can we please talk?
Yeah, um, just let me
get past this case.
Listen, I think it's best if you're
not there when I come by tonight.
♪♪
Good luck today.
All my reasons, let them die ♪
[TELEPHONE RINGING IN DISTANCE]
What do you say, Mark, you ready?
Pete Rashel says he won't testify.
Well, you have plenty
of other witnesses.
- You don't need Rashel.
- I think we do.
Rashel's where this all started.
Deep Throat could have sent us
any of the deputies
on that list. Why him?
Right now you need to focus on Cuthbert
- and Judge Carmichael.
- Sir?
Carmichael's going to be leaning
heavily towards the defense
so she doesn't show
any bias towards you.
Lola Judge Carmichael
wouldn't do that, sir.
- She's a fair judge.
- Who's up for re-election next year.
Trust me, Mark,
she's got big fish to fry.
Are you ready for McCarthy?
If Cuthbert puts him on the stand.
McCarthy will testify.
Be prepared for McCarthy.
Sam. Your trial for the child
abuse case starts today.
- Yes, sir.
- First chair.
- Congratulations.
- Thank you, sir.
Good luck.
Okay, Bravo.
Like I wasn't freaked out already.
- What is that?
- For good luck.
[SIGHS]
I should be with you.
Sam, I never would've
gotten this far without you.
Come on, first chair?
Killin' it!
♪♪
Despite what the prosecution alleges,
we have no doubt the truth will prevail
and show that Deputy Wayne McCarthy
is a pillar of this community
- and an upstanding leader in the force.
- Are you worried at all
about having Lola Carmichael
as the judge?
We are thrilled that Judge Carmichael
was given this case
She is so brave
and has overcome so much.
Just this past year, she was
arrested at a BLM protest
and came out completely unscathed.
No, she did not just say that.
I have heard rumors that
Judge Carmichael and DDA Callan
are buddies,
and there are those who believe
that she cannot be unbiased.
- We, of course, do not feel that way.
- Ha! No, of course not.
Oh, boy.
This case has been absolute hell.
I can see how stressed out Mark is,
and I can't even call him.
Please send him a picture of Bailey
in the papoose that he bought her.
And don't even get me
started on Cuthbert.
That woman is working my last nerve.
And McCarthy?!
Sitting up there, day after day,
so smug, and now she wants
to hold a press conference
bringing up the protests and my arrest.
Even if I could be unbiased,
which I'm not saying I can't,
because even someone like
McCarthy deserves a fair trial
but all the same, I don't even know
if I can give him
a fair trial. Why, Lisa?
Why did you do this to me?
Cuthbert papered Campbell,
and your court was open.
- Do you want to recuse yourself?
- And give Cuthbert what she wants? No.
But you could've at least asked me.
I am up for re-election,
in case you hadn't heard.
- It is a jury trial.
- I still have a job to do.
Yes, but you tend to get more
involved than you need to.
- Oh, that's not a criticism.
- It sure sounded like one.
Imagine this trial as the Super Bowl.
Mark and Corrine are the Chicago Bears
- and Tampa Bay Bucs.
- They're both NFC.
Whatever. You know what I'm saying.
- Not really.
- [SCOFFS]
Let the players play, Carmichael,
and you just be a great referee.
♪♪
So two whole days off.
- [SIGHS] Oh, my God.
- Any plans?
I have such a long list.
First, I'm starting with the kitchen.
- And then I'm going
- Ugh! Emily!
When was the last time
you had any time off?
- You need to have some fun.
- I am helping you,
and then I'm spring cleaning,
and that is fun.
- You heard from Joaquin?
- We've talked,
but our conversations
have been really strained.
And Luke?
We're taking it slow. He made me dinner.
- Hmm?
- Nothing more.
And what do you want to happen?
I don't know. But I do know
that today is about you.
So how are you feeling
about your testimony?
Good. I can't thank you enough
for all your help
- these last two weeks.
- Have you spoken to Benner yet?
No. I thought it best to wait.
- But?
- I'm just so worried about Nikki.
I know, but just remember that
everything that you are doing
is for her.
[EXHALES DEEPLY]
♪♪
- Pomona? Really, sir?
- It's only for another week.
Be glad I didn't send you to Lancaster.
- How you holding up?
- I mean, truthfully, it's pretty chill,
- You hate it.
- I do!
I should be there, helping.
You're a former deputy
who trained under McCarthy.
- You are also on the witness list.
- But I'm not testifying.
Until this trial is over,
you are not to go near
Lola, Mark, or Sam. Understand?
[KNOCK ON DOOR]
- You're here.
- Not the welcome I was hoping for.
Wasn't expecting that either.
You just surprised me.
I stopped by your office.
They said you took a couple days off.
Yeah. Why didn't you call first?
Well, you haven't exactly been chatty.
This is why you took time off?
Spring cleaning.
- Mm.
- Helps me think.
- Come to any decisions?
- No.
Then I have a better idea
for how to enjoy spring.
Come with me to Rosarito.
[SCOFFS]
Yeah, I-I can't just
You know, I can't [CHUCKLES]
Why Rosarito?
Because it's a beautiful day.
Because I want to spend time with you.
Because we need to talk.
Well, I
Come on, Emily. Take a chance.
♪♪
[SIGHS]
Callan.
- Omar. Didn't think you'd come.
- Me neither.
- Courtrooms give me the creeps.
- I'm glad you made it.
Seeing at least one bad cop
face a real trial?
- Better than nothing.
- BAILIFF: All rise.
- Court is back in session.
- You may be seated.
Back on the record in
The People v. Wayne McCarthy.
Due to COVID protocols,
our jury is isolated
and distanced in separate rooms.
Juror number five, can you hear us?
- Yes, Your Honor.
- Then let's get started.
Mr. Callan, are the People ready
to call their first witness?
Yes, Your Honor.
People call Lee Lori.
Mr. Lori, are you
a former deputy sheriff?
- Objection. Leading.
- Sustained.
Sir, what is your former occupation?
- I was a sheriff's deputy.
- And when was this?
- From 2014 to 2015.
- Who trained you to do that job?
Objection. Assuming facts
not in evidence.
Sustained.
When you were a deputy,
- did you receive field training?
- Yes.
Do you see your field training
officer in court here today?
I do. He's sitting over there.
Identifying the defendant.
As a deputy,
in the course of your duties,
were you ever stationed
at Men's Central Jail?
- Yeah. It's a time I'd like to forget.
- Please tell the court why.
When an inmate was injured
by another deputy,
McCarthy told me to cover it up.
When I pushed back,
he ran me off the force
and made it impossible for me
to find another job.
Objection. Foundation.
Move to have stricken.
Your Honor, this is vital
and admissible testimony.
The answer is stricken.
[SIGHS]
♪♪
It's bad enough dealing
with Cuthbert objecting
every time Mark asks a question,
but him throwing me daggers?
Because she's so scared she's
gonna look biased toward me,
she keeps ruling in Cuthbert's favor.
I knew this was a bad idea.
He needs me to bounce things off of
and not being able
to talk to him, it's all so
Frustrating. There's no way I can win
if I have to go up against
Lola and Cuthbert.
Send Mark the picture of Bailey
in the honeybee onesie
that he bought her.
Okay, consider it done.
If that little girl
doesn't calm him down,
I don't know what will.
And what about you?
What's gonna calm you down?
♪♪
[EXHALES DEEPLY]
Miss Castillo, what was
your relationship
with the alleged victim, Nikki Gessner?
- I was her tutor.
- Can you tell the court what happened
on the day that you called 9-1-1?
We were talking about
an essay Nikki had written.
It was really good.
- But the ending worried me.
- Why?
She said no matter how good
or talented Stacy was,
it was never good enough.
Before I could ask her what it meant,
Mrs. Gessner came into
the room and berated
- Objection. Narrative.
- Sustained.
Ms. Castillo,
just stick to the question.
What happened that caused
your conversation with Nikki to end?
Mrs. Gessner came into the room.
And what, if anything, did she say?
She was upset about
a paper Nikki had written,
and that's when Nikki
turned off her video,
- but I could still hear.
- What did you hear?
Mrs. Gessner, yelling.
Then I heard a loud thud.
When I called Nikki on Zoom the next day
to see if she was okay,
she had a big red welt on her arm.
Your Honor, I ask the Court to mark
as People's Exhibit 3,
a police photograph
of what appears to be a bruise
on the alleged victim's arm.
[CLICK]
Does this photo accurately
depict the injury
- that you saw on Nikki's arm?
- Yes.
Did she tell you what happened?
- She fell.
- Your Honor, I have 12 sets
of medical records,
all received with affidavits
dated from 2013 until the current day
indicating 12 different times
Nikki Gessner was treated for injuries.
All 12 times, the reason that's stated?
- She fell.
- So marked.
♪♪
[BAGS RUSTLING LOUDLY]
[CHUCKLES]
You got a life preserver in there?
I enjoy being prepared.
Everything's gonna be okay.
[SIGHS]
So, you want to tell me
what we're doing in Rosarito?
A mother waiting
for her 9-year-old daughter.
I thought it was time you see
what it is I do, firsthand.
♪♪
- CUTHBERT: Mr. Lori.
- [CELLPHONE BUZZES]
You left the Sheriff's Department,
- yes or no?
- LORI: Yes.
And no other law agency would
hire you, is that correct?
- Yes.
- So isn't it fair to say
that the only reason you're here today
is because you can't get over
the fact that you were fired?
- Objection. Argumentative.
- Sustained.
How many excessive force complaints
have been filed against you, sir?
- [CHUCKLES] I don't know.
- I do. Six.
Along with racist comments,
harassment, misconduct
Objection. Counsel is not
testifying here.
This is improper impeachment
and assumes facts.
Sustained. Ms. Cuthbert?
I have no further questions, Your Honor.
Mr. Lori, you may step down.
We will resume after lunch.
[CLEARS THROAT]
Now I get why they call you Cutthroat.
[CHUCKLES]
Hey. I just realized,
the night I was shot?
McCarthy was there.
Why didn't you tell me this before?
I didn't know it was him.
- And you're positive?
- I'll never forget
that bastard's voice as long as I live.
♪♪
[SIREN WAILING IN DISTANCE]
- [KNOCK ON DOOR]
- Sir.
New information has come to light
about the night Omar Aziz was shot.
We learned that there was
another officer on the scene
who helped Rashel cover McCarthy.
- Can you prove it?
- With Rashel's testimony.
If Mark can get him on the stand,
he'll get Rashel to admit it.
I think it's best if we just stick
with the four other witnesses
you have or call Aziz.
Omar Aziz was in and out
of consciousness.
He never actually saw anyone.
Pete Rashel was there.
He's the only person
who can place McCarthy
at the scene of the crime.
It's worth a shot.
Yeah.
Good luck. I hope you're right.
♪♪
I'm proud of you.
So many people aren't brave enough
to stand up for children.
I don't know if I'd call it brave.
I'm just trying to do the right thing
- for Nikki, Grandpa.
- [CELLPHONE RINGS]
Oh, no. It's Nikki. [RING]
- What should I do?
- I I'm not
I'm not supposed to talk to her.
- I mean, should I answer?
- Could she be in trouble?
- [CHIMES]
- [SIGHS] Nikki. Is everything okay?
I hate you! You've ruined my life!
You just don't understand.
She didn't mean anything by it.
- She just gets mad sometimes.
- Nikki
you don't have to make excuses
for her any longer, okay?
They want me to testify. I can't.
- Do you want your mom to get better?
- Yes.
Then you need to testify
and tell the truth.
No! I can't. She'll get mad.
[CHIMES]
[SIGHS]
Give her time. She'll realize
you're just trying to do
what's best for her.
[SIGHS]
They were separated last year
when they tried to cross
the U.S. border.
It's taken us months, a lot of money,
and a whole legal team to get
this child out of ICE custody.
Child? I thought I thought
we were here for the mom.
Kids in cages isn't just a hashtag.
Usually parents are deported,
and the kids are
left behind in the States.
[INDISTINCT CONVERSATIONS]
I'm here to pick up Bella Flores.
Paperwork?
- Give me a second.
- Thank you.
Bella's been here for over a year
while her mother's deported
back to Mexico.
[MALE SPEAKING SPANISH OVER P.A.]
Bella
[SPEAKING SPANISH]
[BEEPS]
Alma.
- [LINE RINGING]
- Uh
[SPEAKING SPANISH]
[SPEAKING SPANISH]
[SPEAKING SPANISH OVER LINE]
ALMA: Nos vemos pronto.
- [CELLPHONE BEEPS]
- Thank you.
Okay?
- Lista?
- Sí.
Okay!
[SPEAKING SPANISH]
- Thank you, Emily.
- Okay.
Thank you.
♪♪
How often did you talk to Nikki?
Two or three times a week.
I was tutoring her in many subjects.
- Was it always by Zoom?
- Usually.
Sometimes if I were out,
Nikki would call me.
Does Nikki ever get upset with you?
No. Not that I can recall.
- Though, today she was
- Today?
You spoke with Nikki today?
I yes.
Well, she she called,
and I-I was worried that
Ms. Castillo, you were given
a direct order by this Court
to have no contact
with the alleged victim
until this trial was over.
- Yes, Your Honor.
- And you're saying, for the record,
that you had direct contact with
the alleged victim just today?
Yes, Your Honor. I I'm sorry.
This is in direct violation.
The Defense requests sanctions.
The People disagree.
Unless there's a showing
- of improper influence
- Enough, you two.
I'm not gonna spend any time
on a contempt hearing
about what Ms. Castillo did
or did not say to Miss Gessner.
But she is in violation
of the Court's order,
and I'll take a request
for sanctions under submission.
What were you thinking?
I just wanted to help.
Nikki's going through a lot right now.
She will go through a hell of a lot more
if we lose this thing. Sara,
you are my star witness.
If Delgado disregards
your testimony, we're done.
Well, you still have Nikki.
Who is a hostile witness
and refusing to testify.
I can't.
♪♪
Mr. Rashel, why are you
in Kern State Prison?
- Assault with a firearm.
- That was for the shooting
of Omar Aziz on March 6, 2012.
- Yes.
- Would you please tell the court why
- you shot Mr. Aziz?
- I was a rookie.
I got a call that a prowler
had been spotted on the premises.
He was carrying a gun.
He came out of nowhere and I reacted.
Is it true that you
planted a gun at the scene?
Yes. Once I realized my mistake,
I didn't want to get in trouble.
- Were you trained to do that?
- Objection. Relevance.
Sustained as phrased.
Lay a foundation, please.
Mr. Rashel, do you see
your field training deputy
in court here today?
- Deputy McCarthy.
- CARMICHAEL: Identifying the defendant.
Did the defendant teach you
how to plant evidence?
- Same objection.
- Overruled.
You may answer the question.
Um uh
I don't recall.
Did you speak with Mr. McCarthy
- after you shot Omar Aziz that night?
- Objection.
I have not received any
statements to this effect.
If Counsel knows something
that I do not,
he has not turned it over.
If not, this is a fishing expedition.
- Mr. Callan.
- Your Honor, everything
- has been disclosed.
- The objection is overruled.
Mr. Rashel, was Deputy Wayne McCarthy
present at the crime scene
on March 6th, 2012?
I don't recall.
♪♪
[SIGHS]
[SIGHS]
- What are you doing?
- I know what happened
with Rashel and Lori.
- Put me on the stand.
- No.
- You don't have a choice.
- It's my case. Yes, I do.
This is not about you. It's about me,
- my chance to make amends.
- Luke, if you testify
that you falsified evidence,
you could lose your job.
- And if I don't, McCarthy wins.
- [SIGHS]
[DOG BARKING IN DISTANCE]
- I'll find another way.
- Everyone else on that list
is gonna follow rank
and say, "I don't recall."
I'm not intimidated by McCarthy.
Let me help you take him down.
[SIGHS]
- You weren't supposed to be here.
- I can't
We can't keep living like this.
- What are we doing?
- I don't know.
- I miss you.
- Amy
[SIGHS]
You look so tired.
[SCOFFS]
How you holding up?
Luke wants to testify.
What are you gonna do?
I'm just gonna, uh get my bag.
Leave.
[BAG UNZIPS]
[SIGHS]
Good night, Bella.
Do you know any songs?
My mommy always sang to me.
You know who has
the most wonderful voice?
Who?
[CHUCKLES]
Joaquin, would you sing to me? Please?
Yes, please, Joaquin?
- If you insist.
- Oh, we do.
Don't we? Mm-hmm.
[BELLA AND JOAQUIN CHUCKLE]
Eres mi sol, mi único sol ♪
Me haces feliz
cuando el cielo es gris ♪
Nunca sabrás cuanto yo te amo ♪
Así que, Bella, no dejes de brillar ♪
[CHUCKLES]
[CLICK]
That was beautiful.
You're beautiful.
[CELLPHONE RINGS]
It's Sam. Sorry.
- Sam.
- Hey.
- We need to talk about Luke.
- Right now?
Mark just called.
Luke's gonna testify against McCarthy.
What?! Why?
He thinks it'll help Mark win.
Please talk to him.
Stop him from throwing away
his career. He'll listen to you.
[STAMMERS, SIGHS]
- [BEEP]
- You okay?
It's Luke. He's about to ruin
his entire career.
I'm sorry. I need to call him.
He's my friend, you know.
I-I would do it for you.
Of course.
[SIGHS]
[TOUCHSCREEN CLICKING]
[CELLPHONE BUZZES]
[BUZZES]
- Hey, Em.
- What is this crazy talk
I hear about you taking the stand?
- Crazy is as crazy does.
- Don't joke.
You can't do this.
Em, everything you're getting
ready to say
I've already heard from Choi,
Mark, Sam, and my cousin Terrell.
Then why aren't you listening?
Please, Luke.
Your life's work is at stake,
everything that you have sacrificed for,
all of the years of hard work
just gone, and for what?
This is for me.
But I appreciate your concern
and kinda love that you care.
- Luke
- My mind's made up.
Good night, Em.
[BEEPS]
♪♪
You are gonna blow his career
- if you call him.
- It's not my choice.
You are the one who decides
which witnesses to call.
You. Not Luke.
And how is Judge Carmichael
gonna react when you do this?
I'm not sure, but either way,
I have tried to convince him.
He wants to right a wrong.
His own restorative justice.
[SIGHS]
♪♪
Nikki, sitting where you are
takes courage.
I'm gonna have to ask you
some questions, okay?
Can you tell us a little bit
about your mom's moods
on an average day?
She, um, gets stressed out a lot.
Her job's, like, really hard.
When do you remember first
noticing she was stressed out?
3, I think.
It got worse when my dad died. I was 6.
And how's it been this last year?
She screams more and stuff,
like, if she had a bad day.
And what is the "stuff"?
Does the stuff involve hitting you?
Nikki, please answer the question.
- A little, I guess.
- When she hits you, is it hard?
- I don't know.
- Does it hurt?
Sometimes.
No further questions, Your Honor.
Nikki
do you believe
that moms get mad sometimes?
- Yeah.
- I do, too.
'Cause I'm a mom, and I get mad.
Do you know what
the word "discipline" means?
When your parents punish you
to teach you a lesson?
Yes. Is it possible
that you're confusing
discipline with abuse?
Yeah, maybe.
No further questions, Your Honor.
Would the People like to redirect?
Yes, Your Honor.
Nikki, many children receive discipline.
My parents disciplined me.
They would put me in a time-out,
or take away a toy.
Nikki, do you know
the definition of abuse?
To hurt somebody?
Yes. To treat a person
with cruelty or violence
regularly or repeatedly.
Nikki.
Ms. Figueroa?
When your kid gets a "C"
or forgets to take out the trash,
do you, like, hit her?
Nikki, only the lawyers
can ask questions,
and the witnesses can answer.
Nikki
earlier you said you love your mother,
and you believe that she
loves you too, correct?
- Yeah.
- Do you think that maybe
your mom needs a little bit of help
learning how to show her love
in a better way?
A way that doesn't involve
hurting you regularly?
Nikki, you were saying yes
in answering that question, correct?
Yes.
No more questions.
♪♪
BAILIFF: All rise.
You may be seated.
Every fiber of my judicial being
is dreading seeing Luke
up on that stand.
I know. You're gonna be okay.
Let's hope.
[EXHALES DEEPLY]
People, you may call your next witness.
Thank you, Your Honor.
The People call
Luke Watkins to the stand.
SHERRI: Please raise your right hand.
Do you solemnly swear
the testimony you may give
before this court shall be the truth,
the whole truth
and nothing but the truth,
- so help you God?
- I do.
Mr. Watkins, what is
your current occupation?
I am a deputy district attorney,
for the County of Los Angeles.
And what was your former occupation?
I was an L.A. County Sheriff's Deputy.
Do you see your field training deputy
- in court here today?
- Yes, I do.
Sitting at the defense table.
Identifying the defendant.
When defendant McCarthy
was training you,
what did he say was
the most important thing?
Protect our own first, then the people.
And what did you
understand that to mean?
- Objection. Irrelevance.
- Overruled.
Oh, so when it's one of her little cubs,
- I get cut off at the knees.
- Ms. Cuthbert.
- Yes?
- Is there something you care
- to share with the Court?
- No. No.
Mr. Watkins, you may continue.
McCarthy's motto means
to protect our family,
his sons, first.
Did you receive immunity
to testify here today?
No, I did not.
Marking as People's Exhibit 10,
a November 1, 2016, incident report
filed by the Los Angeles County
Sheriff's Department.
Sir, did you write and sign this report?
Yes, I did.
Did anything happen there
with defendant McCarthy?
I was responding to a 211 robbery.
I was in the other room
and heard a gunshot.
- A deputy yelled, "Gun!"
- Did you see the perpetrator
- in possession of a firearm?
- No, I did not.
And yet in the police report,
you indicated that you saw this man
with a gun in his hand.
- Yes, I did.
- Why?
Deputy McCarthy told me
that's what happened.
I trusted him.
He was my training officer
and my mentor,
so I wrote it on the report
as he told me to.
No further questions, Your Honor.
Ms. Cuthbert, your witness.
Mr. Watkins, what time did you speak
with Deputy McCarthy about the incident?
I don't know the exact time.
That day, per protocol.
Well, the report was filed at 8:15 a.m.,
so to the best of your recollection,
what time did you speak
with Deputy McCarthy?
- Before I signed it.
- But you just conveniently
can't remember the time?
A good little type-A soldier
like you? I doubt it.
- Objection. Argumentative.
- Sustained.
Ms. Cuthbert, watch your tongue.
You filed a report before speaking
with Deputy McCarthy.
The truth is, you're here
just to cover up
- your little oopsie.
- Objection.
Assumes facts not in evidence.
Sustained. Ms. Cuthbert,
I am warning you.
Mr. Watkins, isn't it true that you were
the bailiff for Judge Carmichael?
Enough, Counsel! In my chambers, now.
All right, DDA Callan has
waived his right to be here.
- Thank you, Sherri.
- I apologize
for my sharp tongue.
I do not apologize for doing my job.
Nor should you, but this is about
your blatant disrespect
for me and the witness.
Fine, what about your blatant
disrespect for me
and the officers I defend,
- the good ones?
- Ms. Cuthbert,
I doubt we would be
in one of the largest
civil rights movements
in history if there were
an abundance of these
"good ones" you speak of.
You don't understand the toll it takes.
I have seen too many
marriages and livers destroyed
- to serve and protect us.
- Define "us."
Because the "us" I know
is not being protected.
There are some, just like there are
- some corrupt judges, I imagine.
- A corrupt judge
does not murder and then hide
behind their union.
A judge doesn't need a union,
just a robe.
I'm curious to see what kind of judge
you're going to be in a few years
when you're not so wet behind the ears
and have learned the rules of the game.
A split second to decide
whether it's my life or yours
is not a lot of time.
I protect the good ones.
McCarthy's a good one.
Save it for your closing, Ms. Cuthbert.
♪♪
Facing a father figure
on the other side of justice
- is no small feat.
- I remember.
Thank you.
- I gave it all I had.
- And the jury felt that.
Luke's tug on their
heartstrings means McCarthy
will only be
more desperate to charm them.
I know McCarthy helped Pete Rashel.
I trust Omar. I trust my gut.
Omar never mentioned anyone else,
so you didn't look for anyone else.
Okay, so then there's gotta be evidence
- that McCarthy was there.
- I'll look again.
- We are so close.
- Being close doesn't close.
You gotta nail McCarthy in his heart.
- How?
- Family's his Achilles' heel.
Two wives down, kids don't talk to him.
Sheriff deputies are the only
family that he's got left.
♪♪
Okay, Mama.
Okay.
[SPEAKS SPANISH]
[SPEAKS SPANISH]
[INDISTINCT CONVERSATIONS IN SPANISH]
Alma?
[SPEAKS SPANISH]
Hey, don't worry. She's coming.
Okay?
["ME HACES MUY FELIZ" RINGTONE PLAYING]
- Isabella?
- Hey, Mama!
[CRYING]
[BOTH SPEAKING SPANISH]
[BOTH CRYING AND LAUGHING]
[SPEAKING SPANISH]
[LAUGHTER]
Oh, so I'm nice and she's the cool one?
- Well, duh.
- Emily?
Will you still be my friends?
[SPEAKING SPANISH]
Okay? [SPEAKS SPANISH]
[CRYING]
[LAUGHS]
[SPEAKING SPANISH]
[LAUGHING]
♪♪
Okay, wait.
Check out that time.
Took him four minutes to call dispatch.
- Plenty of time
- To call McCarthy.
You didn't get it from Rashel,
so you have to get it from McCarthy.
Yes, sir.
- [EXHALES DEEPLY]
- No pressure, Callan.
It's McCarthy or bust.
[SIGHS]
The Court finds the defendant
guilty of count one,
a violation of Penal Code 273.
Ms. Gessner, you will be
placed on 48 months of probation
and complete one year
of approved parenting classes.
[WHISPERS] Oh, my God.
This cannot be happening.
Ms. Gessner, you have the opportunity
to end a cycle of violence
and generational trauma
for your daughter
and perhaps even her daughters.
- Do you understand?
- I do, Your Honor.
Before Nikki is removed from the care
of her aunt and uncle
and placed back in your care,
you will return to this courtroom
and prove that you are a fit mother.
Yes, Your Honor.
We are adjourned.
Sara.
This could not It would not
- have happened without you.
- Or you.
I knew Nikki would
take to you. Who wouldn't?
God, you have been
lugging that thing around.
Just do it.
[LAUGHS] It's Mark's lucky pen,
bite marks and all.
Very sweet.
Kind of.
Congratulations.
[SIGHS]
Sara, you saved Nikki.
Thank you.
It felt different to help,
not just type. I
had a voice.
I think I might want some time
to figure some stuff out.
You deserve it.
Take what you need.
♪♪
And why do you do this job?
It's a sacrifice I choose
to make my community a better place.
Ms. Cuthbert, if I weren't sitting here
impuissant, in this squander
of time and tax dollars,
- tonight I could be of service.
- Objection. Your Honor, he's clearly
trying to engender sympathy
with the jury.
Let him have his say, Counsel.
It is for the jury
to judge the credibility of the witness.
Continue, Deputy McCarthy.
Well, I'm simply saying, Your Honor,
that I do what I do to protect
your mother, your sister,
brother, or father.
No further questions, Your Honor.
- Cross-examination?
- Thank you, Your Honor.
Mr. McCarthy, these young deputies,
- they're like family to you?
- Absolutely. They're my sons.
- You protect them over the public.
- No.
Protecting them
is protecting the public.
Sure, there are rules and laws,
but above all else,
you protect your "sons"
and you teach them to protect
one another, is that right?
- Yes.
- Who wins, Mr. McCarthy,
when protecting your sons
goes against protecting the public?
You protect your sons, right?
You protect the line.
'Cause you'd do anything for them.
- That's what you said, right?
- You ever hear the death wail, Callan?
I'm not the one on trial, Mr. McCarthy.
No, you have not.
You never forget it. You can't.
I remember each and every one
Their pitch, how guttural.
The name they call for.
Because I'm the one
who knocks on your door
when it's your girlfriend.
You crumble into my arms.
So I teach my sons
how to protect themselves
because we protect you, Mr. Callan.
And it's not real until it is you.
My boys need a father who can teach them
how to stay alive.
And you're just the man
for the job, right?
'Cause they're your family.
They're your sons.
- Are they your real family?
- That's what I said.
Or your only family left?
Not your two ex-wives or your children,
Michaela and Chris,
who don't want to have
- anything to do with you?
- Objection.
Question withdrawn, Your Honor.
One final question for you,
Mr. McCarthy.
On the night that Omar Aziz was shot,
did you receive a call
from Peter Rashel?
Yes, I did.
He He was scared. I calmed him down.
Did you then meet former Deputy Rashel
at the scene of the crime?
Yes, I did.
Then why is there no record
of you having ever been there?
I offered my support and then had a
- personal matter to tend to.
- You left. [SCOFFS]
If you're such a great father,
why would you leave one of your sons,
a young deputy, in way over his head
with only you to protect him,
when all he needed was you
- in his corner?
- Objection. Argumentative.
- Overruled.
- You said you would do
anything for one of your sons
and yet you are
such a failure of a father
that when this young man
needed you the most,
you were nowhere to be found.
Is that correct?
- Objection, argumentative!
- Or were you there for him,
to protect him as a father?
Of course I protected him. He needed me.
Did you protect Peter Rashel
by instructing him exactly
how to cover up
- the shooting of Omar Aziz?
- Do not answer that.
Did you protect Pete Rashel
by instructing him exactly
how to cover up
- the shooting of Omar Aziz?
- Do not answer that question.
Did you instruct him how to cover up
What do you think?
No further questions, Your Honor.
♪♪
Has the jury reached a verdict?
MAN: We have, Your Honor.
Will the defendant please rise?
"Superior Court of California,
County of Los Angeles,
"we the jury find the defendant
guilty of the crime of
conspiracy to obstruct justice."
Ladies and gentlemen of the jury,
thank you for your service.
You are dismissed.
Deputy McCarthy, you abused your badge
and used it as a weapon of privilege,
thinking you were entitled
to break the law
because the truth is,
you carry no respect for it.
Furthermore, you abused your position
as a mentor and father figure
to impressionable deputies
who looked up to you,
who trusted you with their lives.
You bent them to your will,
you led them astray,
ruining many of them
and perpetuating a cycle
of corrupt police culture.
You have been found guilty of Count One.
Now the law only permits
that I sentence you
to the maximum of three years
in state prison,
and that will be your sentence.
Bailiff, please take
Mr. McCarthy into custody.
- Court is adjourned.
- [GAVEL BANGS]
[GAVEL CLATTERS]
[HANDCUFFS TIGHTEN]
- We will be back.
- And I'll be here, waiting.
Thank you.
[SIGHS]
[CHUCKLES]
[SIGHS]
You must be starving. I definitely am.
- I could order us something.
- I gotta finish cleaning.
Because someone had to come
sweep me off my feet.
Someone thinks maybe you liked it.
[CHUCKLES] Very much.
Thank you.
One of the side effects
of how I work is tunnel vision.
You have shown me how much
bigger my world can be.
Maybe there's a place
for you in it, with me.
You're certainly moving the needle.
[CELLPHONE RINGING]
Mm.
[RINGING CONTINUES]
- Sara.
- Go on.
[RINGING CONTINUES]
Hi.
- Hi. Got a minute?
- Yeah, of course.
[LOWERED VOICE] I'll call you, okay?
Oh, wow. Am I interrupting?
Never.
- [DOOR CLOSES]
- No, how how did everything go?
- Ooh.
- [DOOR OPENS]
[DOOR CLOSES]
Voted LA's finest sparkling cider!
Boy. Man, you're breastfeeding.
- Can't be chugging bottles.
- Who said anything about chugging?
- Bam!
- Oh! No!
[LAUGHS] I will be sipping
on this fine champagne as will you.
- And you will have three glasses
- Mm-hmm.
and I will have one,
and I will drive you home.
[CLEARS THROAT]
Lo, I know I let you down that night.
Mark, it's in the past.
I'm not trying to relive it.
This trial was [SIGHS]
justice for a lot of people.
But for me it was all about you.
You're my guiding light.
- Thank you.
- [GLASSES CLINK]
[SIGHS] Now tell me about Amy.
- [MARK GROANS]
- [LOLA CHUCKLES]
We are apparently on a break.
- Like, Ross-and-Rachel break?
- You know I'm a "Seinfeld" man.
Don't come at me with that
Ross and Rachel nonsense.
- Listen
- Come on, dude.
It's like so indicative
of you and Amy's relationship.
Her name was Lola ♪
She was a showgirl ♪
With yellow feathers in her hair ♪
And a dress cut down to Whoa!
Carmichael?
- Give me a minute?
- Mm-hmm!
[CONTINUES HUMMING "COPACABANA"]
She would merengue ♪
And do the cha ♪
- Judge Carmichael.
- Mr. Sanders.
You were right to be concerned about
your re-election, Carmichael.
The police union is putting
someone up against you.
They're coming for your seat.
♪♪
Previously on "All Rise"
McCarthy would do a cleanup
for any trainee who
got caught in the hot seat.
Why didn't I ever hear about this?
Watkins, you signed
a statement for McCarthy
when we were fresh out of the academy.
- You don't remember?
- Sorry, Sara, I have to go.
WHITNEY: You are just driving me crazy!
- [THUD]
- Nikki?
Whoa, where are you going?
Get back in here!
- Hey!
- No!
Lo, Benner named the presiding judge
in the McCarthy case. It's you.
Omar, this is new evidence.
This could vacate your conviction.
I'd just like my eye for an eye, please.
- Mark, I've been trying
- No, I know you have.
And the fact that
you're even considering
I'm married.
[SCOFFS]
♪♪
[JASMINE ASH'S "FREE" PLAYING]
♪♪
Uh-oh, uh-oh ♪
♪♪
When all my darkness comes to light ♪
[CELLPHONE BUZZING]
- Hi.
- Hey.
I want to swing by tonight
and pick up some clothes.
Sure. How's the McCarthy trial?
- Oh, you know.
- No, I don't.
We haven't talked much
since you walked out.
I just need a little time,
Amy, to process things.
It's not every day you find out
the woman you love is married.
Nice to hear you still love me.
Can we please talk?
Yeah, um, just let me
get past this case.
Listen, I think it's best if you're
not there when I come by tonight.
♪♪
Good luck today.
All my reasons, let them die ♪
[TELEPHONE RINGING IN DISTANCE]
What do you say, Mark, you ready?
Pete Rashel says he won't testify.
Well, you have plenty
of other witnesses.
- You don't need Rashel.
- I think we do.
Rashel's where this all started.
Deep Throat could have sent us
any of the deputies
on that list. Why him?
Right now you need to focus on Cuthbert
- and Judge Carmichael.
- Sir?
Carmichael's going to be leaning
heavily towards the defense
so she doesn't show
any bias towards you.
Lola Judge Carmichael
wouldn't do that, sir.
- She's a fair judge.
- Who's up for re-election next year.
Trust me, Mark,
she's got big fish to fry.
Are you ready for McCarthy?
If Cuthbert puts him on the stand.
McCarthy will testify.
Be prepared for McCarthy.
Sam. Your trial for the child
abuse case starts today.
- Yes, sir.
- First chair.
- Congratulations.
- Thank you, sir.
Good luck.
Okay, Bravo.
Like I wasn't freaked out already.
- What is that?
- For good luck.
[SIGHS]
I should be with you.
Sam, I never would've
gotten this far without you.
Come on, first chair?
Killin' it!
♪♪
Despite what the prosecution alleges,
we have no doubt the truth will prevail
and show that Deputy Wayne McCarthy
is a pillar of this community
- and an upstanding leader in the force.
- Are you worried at all
about having Lola Carmichael
as the judge?
We are thrilled that Judge Carmichael
was given this case
She is so brave
and has overcome so much.
Just this past year, she was
arrested at a BLM protest
and came out completely unscathed.
No, she did not just say that.
I have heard rumors that
Judge Carmichael and DDA Callan
are buddies,
and there are those who believe
that she cannot be unbiased.
- We, of course, do not feel that way.
- Ha! No, of course not.
Oh, boy.
This case has been absolute hell.
I can see how stressed out Mark is,
and I can't even call him.
Please send him a picture of Bailey
in the papoose that he bought her.
And don't even get me
started on Cuthbert.
That woman is working my last nerve.
And McCarthy?!
Sitting up there, day after day,
so smug, and now she wants
to hold a press conference
bringing up the protests and my arrest.
Even if I could be unbiased,
which I'm not saying I can't,
because even someone like
McCarthy deserves a fair trial
but all the same, I don't even know
if I can give him
a fair trial. Why, Lisa?
Why did you do this to me?
Cuthbert papered Campbell,
and your court was open.
- Do you want to recuse yourself?
- And give Cuthbert what she wants? No.
But you could've at least asked me.
I am up for re-election,
in case you hadn't heard.
- It is a jury trial.
- I still have a job to do.
Yes, but you tend to get more
involved than you need to.
- Oh, that's not a criticism.
- It sure sounded like one.
Imagine this trial as the Super Bowl.
Mark and Corrine are the Chicago Bears
- and Tampa Bay Bucs.
- They're both NFC.
Whatever. You know what I'm saying.
- Not really.
- [SCOFFS]
Let the players play, Carmichael,
and you just be a great referee.
♪♪
So two whole days off.
- [SIGHS] Oh, my God.
- Any plans?
I have such a long list.
First, I'm starting with the kitchen.
- And then I'm going
- Ugh! Emily!
When was the last time
you had any time off?
- You need to have some fun.
- I am helping you,
and then I'm spring cleaning,
and that is fun.
- You heard from Joaquin?
- We've talked,
but our conversations
have been really strained.
And Luke?
We're taking it slow. He made me dinner.
- Hmm?
- Nothing more.
And what do you want to happen?
I don't know. But I do know
that today is about you.
So how are you feeling
about your testimony?
Good. I can't thank you enough
for all your help
- these last two weeks.
- Have you spoken to Benner yet?
No. I thought it best to wait.
- But?
- I'm just so worried about Nikki.
I know, but just remember that
everything that you are doing
is for her.
[EXHALES DEEPLY]
♪♪
- Pomona? Really, sir?
- It's only for another week.
Be glad I didn't send you to Lancaster.
- How you holding up?
- I mean, truthfully, it's pretty chill,
- You hate it.
- I do!
I should be there, helping.
You're a former deputy
who trained under McCarthy.
- You are also on the witness list.
- But I'm not testifying.
Until this trial is over,
you are not to go near
Lola, Mark, or Sam. Understand?
[KNOCK ON DOOR]
- You're here.
- Not the welcome I was hoping for.
Wasn't expecting that either.
You just surprised me.
I stopped by your office.
They said you took a couple days off.
Yeah. Why didn't you call first?
Well, you haven't exactly been chatty.
This is why you took time off?
Spring cleaning.
- Mm.
- Helps me think.
- Come to any decisions?
- No.
Then I have a better idea
for how to enjoy spring.
Come with me to Rosarito.
[SCOFFS]
Yeah, I-I can't just
You know, I can't [CHUCKLES]
Why Rosarito?
Because it's a beautiful day.
Because I want to spend time with you.
Because we need to talk.
Well, I
Come on, Emily. Take a chance.
♪♪
[SIGHS]
Callan.
- Omar. Didn't think you'd come.
- Me neither.
- Courtrooms give me the creeps.
- I'm glad you made it.
Seeing at least one bad cop
face a real trial?
- Better than nothing.
- BAILIFF: All rise.
- Court is back in session.
- You may be seated.
Back on the record in
The People v. Wayne McCarthy.
Due to COVID protocols,
our jury is isolated
and distanced in separate rooms.
Juror number five, can you hear us?
- Yes, Your Honor.
- Then let's get started.
Mr. Callan, are the People ready
to call their first witness?
Yes, Your Honor.
People call Lee Lori.
Mr. Lori, are you
a former deputy sheriff?
- Objection. Leading.
- Sustained.
Sir, what is your former occupation?
- I was a sheriff's deputy.
- And when was this?
- From 2014 to 2015.
- Who trained you to do that job?
Objection. Assuming facts
not in evidence.
Sustained.
When you were a deputy,
- did you receive field training?
- Yes.
Do you see your field training
officer in court here today?
I do. He's sitting over there.
Identifying the defendant.
As a deputy,
in the course of your duties,
were you ever stationed
at Men's Central Jail?
- Yeah. It's a time I'd like to forget.
- Please tell the court why.
When an inmate was injured
by another deputy,
McCarthy told me to cover it up.
When I pushed back,
he ran me off the force
and made it impossible for me
to find another job.
Objection. Foundation.
Move to have stricken.
Your Honor, this is vital
and admissible testimony.
The answer is stricken.
[SIGHS]
♪♪
It's bad enough dealing
with Cuthbert objecting
every time Mark asks a question,
but him throwing me daggers?
Because she's so scared she's
gonna look biased toward me,
she keeps ruling in Cuthbert's favor.
I knew this was a bad idea.
He needs me to bounce things off of
and not being able
to talk to him, it's all so
Frustrating. There's no way I can win
if I have to go up against
Lola and Cuthbert.
Send Mark the picture of Bailey
in the honeybee onesie
that he bought her.
Okay, consider it done.
If that little girl
doesn't calm him down,
I don't know what will.
And what about you?
What's gonna calm you down?
♪♪
[EXHALES DEEPLY]
Miss Castillo, what was
your relationship
with the alleged victim, Nikki Gessner?
- I was her tutor.
- Can you tell the court what happened
on the day that you called 9-1-1?
We were talking about
an essay Nikki had written.
It was really good.
- But the ending worried me.
- Why?
She said no matter how good
or talented Stacy was,
it was never good enough.
Before I could ask her what it meant,
Mrs. Gessner came into
the room and berated
- Objection. Narrative.
- Sustained.
Ms. Castillo,
just stick to the question.
What happened that caused
your conversation with Nikki to end?
Mrs. Gessner came into the room.
And what, if anything, did she say?
She was upset about
a paper Nikki had written,
and that's when Nikki
turned off her video,
- but I could still hear.
- What did you hear?
Mrs. Gessner, yelling.
Then I heard a loud thud.
When I called Nikki on Zoom the next day
to see if she was okay,
she had a big red welt on her arm.
Your Honor, I ask the Court to mark
as People's Exhibit 3,
a police photograph
of what appears to be a bruise
on the alleged victim's arm.
[CLICK]
Does this photo accurately
depict the injury
- that you saw on Nikki's arm?
- Yes.
Did she tell you what happened?
- She fell.
- Your Honor, I have 12 sets
of medical records,
all received with affidavits
dated from 2013 until the current day
indicating 12 different times
Nikki Gessner was treated for injuries.
All 12 times, the reason that's stated?
- She fell.
- So marked.
♪♪
[BAGS RUSTLING LOUDLY]
[CHUCKLES]
You got a life preserver in there?
I enjoy being prepared.
Everything's gonna be okay.
[SIGHS]
So, you want to tell me
what we're doing in Rosarito?
A mother waiting
for her 9-year-old daughter.
I thought it was time you see
what it is I do, firsthand.
♪♪
- CUTHBERT: Mr. Lori.
- [CELLPHONE BUZZES]
You left the Sheriff's Department,
- yes or no?
- LORI: Yes.
And no other law agency would
hire you, is that correct?
- Yes.
- So isn't it fair to say
that the only reason you're here today
is because you can't get over
the fact that you were fired?
- Objection. Argumentative.
- Sustained.
How many excessive force complaints
have been filed against you, sir?
- [CHUCKLES] I don't know.
- I do. Six.
Along with racist comments,
harassment, misconduct
Objection. Counsel is not
testifying here.
This is improper impeachment
and assumes facts.
Sustained. Ms. Cuthbert?
I have no further questions, Your Honor.
Mr. Lori, you may step down.
We will resume after lunch.
[CLEARS THROAT]
Now I get why they call you Cutthroat.
[CHUCKLES]
Hey. I just realized,
the night I was shot?
McCarthy was there.
Why didn't you tell me this before?
I didn't know it was him.
- And you're positive?
- I'll never forget
that bastard's voice as long as I live.
♪♪
[SIREN WAILING IN DISTANCE]
- [KNOCK ON DOOR]
- Sir.
New information has come to light
about the night Omar Aziz was shot.
We learned that there was
another officer on the scene
who helped Rashel cover McCarthy.
- Can you prove it?
- With Rashel's testimony.
If Mark can get him on the stand,
he'll get Rashel to admit it.
I think it's best if we just stick
with the four other witnesses
you have or call Aziz.
Omar Aziz was in and out
of consciousness.
He never actually saw anyone.
Pete Rashel was there.
He's the only person
who can place McCarthy
at the scene of the crime.
It's worth a shot.
Yeah.
Good luck. I hope you're right.
♪♪
I'm proud of you.
So many people aren't brave enough
to stand up for children.
I don't know if I'd call it brave.
I'm just trying to do the right thing
- for Nikki, Grandpa.
- [CELLPHONE RINGS]
Oh, no. It's Nikki. [RING]
- What should I do?
- I I'm not
I'm not supposed to talk to her.
- I mean, should I answer?
- Could she be in trouble?
- [CHIMES]
- [SIGHS] Nikki. Is everything okay?
I hate you! You've ruined my life!
You just don't understand.
She didn't mean anything by it.
- She just gets mad sometimes.
- Nikki
you don't have to make excuses
for her any longer, okay?
They want me to testify. I can't.
- Do you want your mom to get better?
- Yes.
Then you need to testify
and tell the truth.
No! I can't. She'll get mad.
[CHIMES]
[SIGHS]
Give her time. She'll realize
you're just trying to do
what's best for her.
[SIGHS]
They were separated last year
when they tried to cross
the U.S. border.
It's taken us months, a lot of money,
and a whole legal team to get
this child out of ICE custody.
Child? I thought I thought
we were here for the mom.
Kids in cages isn't just a hashtag.
Usually parents are deported,
and the kids are
left behind in the States.
[INDISTINCT CONVERSATIONS]
I'm here to pick up Bella Flores.
Paperwork?
- Give me a second.
- Thank you.
Bella's been here for over a year
while her mother's deported
back to Mexico.
[MALE SPEAKING SPANISH OVER P.A.]
Bella
[SPEAKING SPANISH]
[BEEPS]
Alma.
- [LINE RINGING]
- Uh
[SPEAKING SPANISH]
[SPEAKING SPANISH]
[SPEAKING SPANISH OVER LINE]
ALMA: Nos vemos pronto.
- [CELLPHONE BEEPS]
- Thank you.
Okay?
- Lista?
- Sí.
Okay!
[SPEAKING SPANISH]
- Thank you, Emily.
- Okay.
Thank you.
♪♪
How often did you talk to Nikki?
Two or three times a week.
I was tutoring her in many subjects.
- Was it always by Zoom?
- Usually.
Sometimes if I were out,
Nikki would call me.
Does Nikki ever get upset with you?
No. Not that I can recall.
- Though, today she was
- Today?
You spoke with Nikki today?
I yes.
Well, she she called,
and I-I was worried that
Ms. Castillo, you were given
a direct order by this Court
to have no contact
with the alleged victim
until this trial was over.
- Yes, Your Honor.
- And you're saying, for the record,
that you had direct contact with
the alleged victim just today?
Yes, Your Honor. I I'm sorry.
This is in direct violation.
The Defense requests sanctions.
The People disagree.
Unless there's a showing
- of improper influence
- Enough, you two.
I'm not gonna spend any time
on a contempt hearing
about what Ms. Castillo did
or did not say to Miss Gessner.
But she is in violation
of the Court's order,
and I'll take a request
for sanctions under submission.
What were you thinking?
I just wanted to help.
Nikki's going through a lot right now.
She will go through a hell of a lot more
if we lose this thing. Sara,
you are my star witness.
If Delgado disregards
your testimony, we're done.
Well, you still have Nikki.
Who is a hostile witness
and refusing to testify.
I can't.
♪♪
Mr. Rashel, why are you
in Kern State Prison?
- Assault with a firearm.
- That was for the shooting
of Omar Aziz on March 6, 2012.
- Yes.
- Would you please tell the court why
- you shot Mr. Aziz?
- I was a rookie.
I got a call that a prowler
had been spotted on the premises.
He was carrying a gun.
He came out of nowhere and I reacted.
Is it true that you
planted a gun at the scene?
Yes. Once I realized my mistake,
I didn't want to get in trouble.
- Were you trained to do that?
- Objection. Relevance.
Sustained as phrased.
Lay a foundation, please.
Mr. Rashel, do you see
your field training deputy
in court here today?
- Deputy McCarthy.
- CARMICHAEL: Identifying the defendant.
Did the defendant teach you
how to plant evidence?
- Same objection.
- Overruled.
You may answer the question.
Um uh
I don't recall.
Did you speak with Mr. McCarthy
- after you shot Omar Aziz that night?
- Objection.
I have not received any
statements to this effect.
If Counsel knows something
that I do not,
he has not turned it over.
If not, this is a fishing expedition.
- Mr. Callan.
- Your Honor, everything
- has been disclosed.
- The objection is overruled.
Mr. Rashel, was Deputy Wayne McCarthy
present at the crime scene
on March 6th, 2012?
I don't recall.
♪♪
[SIGHS]
[SIGHS]
- What are you doing?
- I know what happened
with Rashel and Lori.
- Put me on the stand.
- No.
- You don't have a choice.
- It's my case. Yes, I do.
This is not about you. It's about me,
- my chance to make amends.
- Luke, if you testify
that you falsified evidence,
you could lose your job.
- And if I don't, McCarthy wins.
- [SIGHS]
[DOG BARKING IN DISTANCE]
- I'll find another way.
- Everyone else on that list
is gonna follow rank
and say, "I don't recall."
I'm not intimidated by McCarthy.
Let me help you take him down.
[SIGHS]
- You weren't supposed to be here.
- I can't
We can't keep living like this.
- What are we doing?
- I don't know.
- I miss you.
- Amy
[SIGHS]
You look so tired.
[SCOFFS]
How you holding up?
Luke wants to testify.
What are you gonna do?
I'm just gonna, uh get my bag.
Leave.
[BAG UNZIPS]
[SIGHS]
Good night, Bella.
Do you know any songs?
My mommy always sang to me.
You know who has
the most wonderful voice?
Who?
[CHUCKLES]
Joaquin, would you sing to me? Please?
Yes, please, Joaquin?
- If you insist.
- Oh, we do.
Don't we? Mm-hmm.
[BELLA AND JOAQUIN CHUCKLE]
Eres mi sol, mi único sol ♪
Me haces feliz
cuando el cielo es gris ♪
Nunca sabrás cuanto yo te amo ♪
Así que, Bella, no dejes de brillar ♪
[CHUCKLES]
[CLICK]
That was beautiful.
You're beautiful.
[CELLPHONE RINGS]
It's Sam. Sorry.
- Sam.
- Hey.
- We need to talk about Luke.
- Right now?
Mark just called.
Luke's gonna testify against McCarthy.
What?! Why?
He thinks it'll help Mark win.
Please talk to him.
Stop him from throwing away
his career. He'll listen to you.
[STAMMERS, SIGHS]
- [BEEP]
- You okay?
It's Luke. He's about to ruin
his entire career.
I'm sorry. I need to call him.
He's my friend, you know.
I-I would do it for you.
Of course.
[SIGHS]
[TOUCHSCREEN CLICKING]
[CELLPHONE BUZZES]
[BUZZES]
- Hey, Em.
- What is this crazy talk
I hear about you taking the stand?
- Crazy is as crazy does.
- Don't joke.
You can't do this.
Em, everything you're getting
ready to say
I've already heard from Choi,
Mark, Sam, and my cousin Terrell.
Then why aren't you listening?
Please, Luke.
Your life's work is at stake,
everything that you have sacrificed for,
all of the years of hard work
just gone, and for what?
This is for me.
But I appreciate your concern
and kinda love that you care.
- Luke
- My mind's made up.
Good night, Em.
[BEEPS]
♪♪
You are gonna blow his career
- if you call him.
- It's not my choice.
You are the one who decides
which witnesses to call.
You. Not Luke.
And how is Judge Carmichael
gonna react when you do this?
I'm not sure, but either way,
I have tried to convince him.
He wants to right a wrong.
His own restorative justice.
[SIGHS]
♪♪
Nikki, sitting where you are
takes courage.
I'm gonna have to ask you
some questions, okay?
Can you tell us a little bit
about your mom's moods
on an average day?
She, um, gets stressed out a lot.
Her job's, like, really hard.
When do you remember first
noticing she was stressed out?
3, I think.
It got worse when my dad died. I was 6.
And how's it been this last year?
She screams more and stuff,
like, if she had a bad day.
And what is the "stuff"?
Does the stuff involve hitting you?
Nikki, please answer the question.
- A little, I guess.
- When she hits you, is it hard?
- I don't know.
- Does it hurt?
Sometimes.
No further questions, Your Honor.
Nikki
do you believe
that moms get mad sometimes?
- Yeah.
- I do, too.
'Cause I'm a mom, and I get mad.
Do you know what
the word "discipline" means?
When your parents punish you
to teach you a lesson?
Yes. Is it possible
that you're confusing
discipline with abuse?
Yeah, maybe.
No further questions, Your Honor.
Would the People like to redirect?
Yes, Your Honor.
Nikki, many children receive discipline.
My parents disciplined me.
They would put me in a time-out,
or take away a toy.
Nikki, do you know
the definition of abuse?
To hurt somebody?
Yes. To treat a person
with cruelty or violence
regularly or repeatedly.
Nikki.
Ms. Figueroa?
When your kid gets a "C"
or forgets to take out the trash,
do you, like, hit her?
Nikki, only the lawyers
can ask questions,
and the witnesses can answer.
Nikki
earlier you said you love your mother,
and you believe that she
loves you too, correct?
- Yeah.
- Do you think that maybe
your mom needs a little bit of help
learning how to show her love
in a better way?
A way that doesn't involve
hurting you regularly?
Nikki, you were saying yes
in answering that question, correct?
Yes.
No more questions.
♪♪
BAILIFF: All rise.
You may be seated.
Every fiber of my judicial being
is dreading seeing Luke
up on that stand.
I know. You're gonna be okay.
Let's hope.
[EXHALES DEEPLY]
People, you may call your next witness.
Thank you, Your Honor.
The People call
Luke Watkins to the stand.
SHERRI: Please raise your right hand.
Do you solemnly swear
the testimony you may give
before this court shall be the truth,
the whole truth
and nothing but the truth,
- so help you God?
- I do.
Mr. Watkins, what is
your current occupation?
I am a deputy district attorney,
for the County of Los Angeles.
And what was your former occupation?
I was an L.A. County Sheriff's Deputy.
Do you see your field training deputy
- in court here today?
- Yes, I do.
Sitting at the defense table.
Identifying the defendant.
When defendant McCarthy
was training you,
what did he say was
the most important thing?
Protect our own first, then the people.
And what did you
understand that to mean?
- Objection. Irrelevance.
- Overruled.
Oh, so when it's one of her little cubs,
- I get cut off at the knees.
- Ms. Cuthbert.
- Yes?
- Is there something you care
- to share with the Court?
- No. No.
Mr. Watkins, you may continue.
McCarthy's motto means
to protect our family,
his sons, first.
Did you receive immunity
to testify here today?
No, I did not.
Marking as People's Exhibit 10,
a November 1, 2016, incident report
filed by the Los Angeles County
Sheriff's Department.
Sir, did you write and sign this report?
Yes, I did.
Did anything happen there
with defendant McCarthy?
I was responding to a 211 robbery.
I was in the other room
and heard a gunshot.
- A deputy yelled, "Gun!"
- Did you see the perpetrator
- in possession of a firearm?
- No, I did not.
And yet in the police report,
you indicated that you saw this man
with a gun in his hand.
- Yes, I did.
- Why?
Deputy McCarthy told me
that's what happened.
I trusted him.
He was my training officer
and my mentor,
so I wrote it on the report
as he told me to.
No further questions, Your Honor.
Ms. Cuthbert, your witness.
Mr. Watkins, what time did you speak
with Deputy McCarthy about the incident?
I don't know the exact time.
That day, per protocol.
Well, the report was filed at 8:15 a.m.,
so to the best of your recollection,
what time did you speak
with Deputy McCarthy?
- Before I signed it.
- But you just conveniently
can't remember the time?
A good little type-A soldier
like you? I doubt it.
- Objection. Argumentative.
- Sustained.
Ms. Cuthbert, watch your tongue.
You filed a report before speaking
with Deputy McCarthy.
The truth is, you're here
just to cover up
- your little oopsie.
- Objection.
Assumes facts not in evidence.
Sustained. Ms. Cuthbert,
I am warning you.
Mr. Watkins, isn't it true that you were
the bailiff for Judge Carmichael?
Enough, Counsel! In my chambers, now.
All right, DDA Callan has
waived his right to be here.
- Thank you, Sherri.
- I apologize
for my sharp tongue.
I do not apologize for doing my job.
Nor should you, but this is about
your blatant disrespect
for me and the witness.
Fine, what about your blatant
disrespect for me
and the officers I defend,
- the good ones?
- Ms. Cuthbert,
I doubt we would be
in one of the largest
civil rights movements
in history if there were
an abundance of these
"good ones" you speak of.
You don't understand the toll it takes.
I have seen too many
marriages and livers destroyed
- to serve and protect us.
- Define "us."
Because the "us" I know
is not being protected.
There are some, just like there are
- some corrupt judges, I imagine.
- A corrupt judge
does not murder and then hide
behind their union.
A judge doesn't need a union,
just a robe.
I'm curious to see what kind of judge
you're going to be in a few years
when you're not so wet behind the ears
and have learned the rules of the game.
A split second to decide
whether it's my life or yours
is not a lot of time.
I protect the good ones.
McCarthy's a good one.
Save it for your closing, Ms. Cuthbert.
♪♪
Facing a father figure
on the other side of justice
- is no small feat.
- I remember.
Thank you.
- I gave it all I had.
- And the jury felt that.
Luke's tug on their
heartstrings means McCarthy
will only be
more desperate to charm them.
I know McCarthy helped Pete Rashel.
I trust Omar. I trust my gut.
Omar never mentioned anyone else,
so you didn't look for anyone else.
Okay, so then there's gotta be evidence
- that McCarthy was there.
- I'll look again.
- We are so close.
- Being close doesn't close.
You gotta nail McCarthy in his heart.
- How?
- Family's his Achilles' heel.
Two wives down, kids don't talk to him.
Sheriff deputies are the only
family that he's got left.
♪♪
Okay, Mama.
Okay.
[SPEAKS SPANISH]
[SPEAKS SPANISH]
[INDISTINCT CONVERSATIONS IN SPANISH]
Alma?
[SPEAKS SPANISH]
Hey, don't worry. She's coming.
Okay?
["ME HACES MUY FELIZ" RINGTONE PLAYING]
- Isabella?
- Hey, Mama!
[CRYING]
[BOTH SPEAKING SPANISH]
[BOTH CRYING AND LAUGHING]
[SPEAKING SPANISH]
[LAUGHTER]
Oh, so I'm nice and she's the cool one?
- Well, duh.
- Emily?
Will you still be my friends?
[SPEAKING SPANISH]
Okay? [SPEAKS SPANISH]
[CRYING]
[LAUGHS]
[SPEAKING SPANISH]
[LAUGHING]
♪♪
Okay, wait.
Check out that time.
Took him four minutes to call dispatch.
- Plenty of time
- To call McCarthy.
You didn't get it from Rashel,
so you have to get it from McCarthy.
Yes, sir.
- [EXHALES DEEPLY]
- No pressure, Callan.
It's McCarthy or bust.
[SIGHS]
The Court finds the defendant
guilty of count one,
a violation of Penal Code 273.
Ms. Gessner, you will be
placed on 48 months of probation
and complete one year
of approved parenting classes.
[WHISPERS] Oh, my God.
This cannot be happening.
Ms. Gessner, you have the opportunity
to end a cycle of violence
and generational trauma
for your daughter
and perhaps even her daughters.
- Do you understand?
- I do, Your Honor.
Before Nikki is removed from the care
of her aunt and uncle
and placed back in your care,
you will return to this courtroom
and prove that you are a fit mother.
Yes, Your Honor.
We are adjourned.
Sara.
This could not It would not
- have happened without you.
- Or you.
I knew Nikki would
take to you. Who wouldn't?
God, you have been
lugging that thing around.
Just do it.
[LAUGHS] It's Mark's lucky pen,
bite marks and all.
Very sweet.
Kind of.
Congratulations.
[SIGHS]
Sara, you saved Nikki.
Thank you.
It felt different to help,
not just type. I
had a voice.
I think I might want some time
to figure some stuff out.
You deserve it.
Take what you need.
♪♪
And why do you do this job?
It's a sacrifice I choose
to make my community a better place.
Ms. Cuthbert, if I weren't sitting here
impuissant, in this squander
of time and tax dollars,
- tonight I could be of service.
- Objection. Your Honor, he's clearly
trying to engender sympathy
with the jury.
Let him have his say, Counsel.
It is for the jury
to judge the credibility of the witness.
Continue, Deputy McCarthy.
Well, I'm simply saying, Your Honor,
that I do what I do to protect
your mother, your sister,
brother, or father.
No further questions, Your Honor.
- Cross-examination?
- Thank you, Your Honor.
Mr. McCarthy, these young deputies,
- they're like family to you?
- Absolutely. They're my sons.
- You protect them over the public.
- No.
Protecting them
is protecting the public.
Sure, there are rules and laws,
but above all else,
you protect your "sons"
and you teach them to protect
one another, is that right?
- Yes.
- Who wins, Mr. McCarthy,
when protecting your sons
goes against protecting the public?
You protect your sons, right?
You protect the line.
'Cause you'd do anything for them.
- That's what you said, right?
- You ever hear the death wail, Callan?
I'm not the one on trial, Mr. McCarthy.
No, you have not.
You never forget it. You can't.
I remember each and every one
Their pitch, how guttural.
The name they call for.
Because I'm the one
who knocks on your door
when it's your girlfriend.
You crumble into my arms.
So I teach my sons
how to protect themselves
because we protect you, Mr. Callan.
And it's not real until it is you.
My boys need a father who can teach them
how to stay alive.
And you're just the man
for the job, right?
'Cause they're your family.
They're your sons.
- Are they your real family?
- That's what I said.
Or your only family left?
Not your two ex-wives or your children,
Michaela and Chris,
who don't want to have
- anything to do with you?
- Objection.
Question withdrawn, Your Honor.
One final question for you,
Mr. McCarthy.
On the night that Omar Aziz was shot,
did you receive a call
from Peter Rashel?
Yes, I did.
He He was scared. I calmed him down.
Did you then meet former Deputy Rashel
at the scene of the crime?
Yes, I did.
Then why is there no record
of you having ever been there?
I offered my support and then had a
- personal matter to tend to.
- You left. [SCOFFS]
If you're such a great father,
why would you leave one of your sons,
a young deputy, in way over his head
with only you to protect him,
when all he needed was you
- in his corner?
- Objection. Argumentative.
- Overruled.
- You said you would do
anything for one of your sons
and yet you are
such a failure of a father
that when this young man
needed you the most,
you were nowhere to be found.
Is that correct?
- Objection, argumentative!
- Or were you there for him,
to protect him as a father?
Of course I protected him. He needed me.
Did you protect Peter Rashel
by instructing him exactly
how to cover up
- the shooting of Omar Aziz?
- Do not answer that.
Did you protect Pete Rashel
by instructing him exactly
how to cover up
- the shooting of Omar Aziz?
- Do not answer that question.
Did you instruct him how to cover up
What do you think?
No further questions, Your Honor.
♪♪
Has the jury reached a verdict?
MAN: We have, Your Honor.
Will the defendant please rise?
"Superior Court of California,
County of Los Angeles,
"we the jury find the defendant
guilty of the crime of
conspiracy to obstruct justice."
Ladies and gentlemen of the jury,
thank you for your service.
You are dismissed.
Deputy McCarthy, you abused your badge
and used it as a weapon of privilege,
thinking you were entitled
to break the law
because the truth is,
you carry no respect for it.
Furthermore, you abused your position
as a mentor and father figure
to impressionable deputies
who looked up to you,
who trusted you with their lives.
You bent them to your will,
you led them astray,
ruining many of them
and perpetuating a cycle
of corrupt police culture.
You have been found guilty of Count One.
Now the law only permits
that I sentence you
to the maximum of three years
in state prison,
and that will be your sentence.
Bailiff, please take
Mr. McCarthy into custody.
- Court is adjourned.
- [GAVEL BANGS]
[GAVEL CLATTERS]
[HANDCUFFS TIGHTEN]
- We will be back.
- And I'll be here, waiting.
Thank you.
[SIGHS]
[CHUCKLES]
[SIGHS]
You must be starving. I definitely am.
- I could order us something.
- I gotta finish cleaning.
Because someone had to come
sweep me off my feet.
Someone thinks maybe you liked it.
[CHUCKLES] Very much.
Thank you.
One of the side effects
of how I work is tunnel vision.
You have shown me how much
bigger my world can be.
Maybe there's a place
for you in it, with me.
You're certainly moving the needle.
[CELLPHONE RINGING]
Mm.
[RINGING CONTINUES]
- Sara.
- Go on.
[RINGING CONTINUES]
Hi.
- Hi. Got a minute?
- Yeah, of course.
[LOWERED VOICE] I'll call you, okay?
Oh, wow. Am I interrupting?
Never.
- [DOOR CLOSES]
- No, how how did everything go?
- Ooh.
- [DOOR OPENS]
[DOOR CLOSES]
Voted LA's finest sparkling cider!
Boy. Man, you're breastfeeding.
- Can't be chugging bottles.
- Who said anything about chugging?
- Bam!
- Oh! No!
[LAUGHS] I will be sipping
on this fine champagne as will you.
- And you will have three glasses
- Mm-hmm.
and I will have one,
and I will drive you home.
[CLEARS THROAT]
Lo, I know I let you down that night.
Mark, it's in the past.
I'm not trying to relive it.
This trial was [SIGHS]
justice for a lot of people.
But for me it was all about you.
You're my guiding light.
- Thank you.
- [GLASSES CLINK]
[SIGHS] Now tell me about Amy.
- [MARK GROANS]
- [LOLA CHUCKLES]
We are apparently on a break.
- Like, Ross-and-Rachel break?
- You know I'm a "Seinfeld" man.
Don't come at me with that
Ross and Rachel nonsense.
- Listen
- Come on, dude.
It's like so indicative
of you and Amy's relationship.
Her name was Lola ♪
She was a showgirl ♪
With yellow feathers in her hair ♪
And a dress cut down to Whoa!
Carmichael?
- Give me a minute?
- Mm-hmm!
[CONTINUES HUMMING "COPACABANA"]
She would merengue ♪
And do the cha ♪
- Judge Carmichael.
- Mr. Sanders.
You were right to be concerned about
your re-election, Carmichael.
The police union is putting
someone up against you.
They're coming for your seat.
♪♪