Raising the Bar (2008) s02e15 Episode Script
Happy Ending
Woman: It was my weekly massage.
Normally I had sharon, but she was out, So they asked if I'd try someone new.
So, you were on your stomach under the sheet.
Yes.
It all seemed fine at first.
When did things go wrong? [ jamaican accent .]
about halfway through, I started on her hamstrings.
He was working his way up my legs.
She started making little sounds.
And then She spread her legs.
I was lying there And he started to touch me inappropriately.
What did you do? They teach you in massage school That when someone tries to get sexual, You just step back and end the session.
I told him to get his hands off me And jumped off the table.
I felt soViolated.
So, when the manager saw you rushing out in your robe, He stopped you and asked you what happened.
Yes.
So, your manager called you out And told you to wait in his office.
It was some time before he came back.
About 40 minutes, yes.
So, it was the manager who suggested calling the police.
Yes.
He said that because of liability issues, He had to call the cops Anytime there was an allegation of sexual misconduct.
And what did you tell him when he told you that? I said, "that's okay.
Let it go.
I don't need to register any complaint against the customer.
" He looked at me.
That's when I realized she was the one accusing me.
I still have nightmares about it.
They arrested me right there, Took me away in handcuffs To jail.
I couldn't believe it.
[ knock on door .]
Yeah, charlie? Hey.
Hi, rob.
Mmm! Mmm! [ chuckles .]
I'm so sorry to interrupt.
Don't be silly.
I'd be sorrier if you hadn't.
What's wrong? Well, I, uh My son's in jail.
What for? Apparently, he was going 80 miles an hour up 6th avenue When the police stopped him.
Speeding.
And drinking.
Well, um, a d.
W.
I.
Is a misdemeanor, So you bail him out, they plead it down, And it'll all be over.
Except that he's already on probation for the same thing And his license is suspended.
Oh, boy.
I called ron greer, who defended blake last time.
Yeah, ron's one of the best.
Well, he's -- he's not optimistic.
He thinks we're looking at jail time.
Did ron tell you when the arraignment is scheduled? He thought maybe tonight.
Charlie! [ door opens .]
yeah? Who's down in arraignments tonight? Should be shenkler.
I think I owe him a shift.
Can I talk to you for a sec? Yeah.
Judge shenkler says he didn't think you owed him a shift.
Oh.
Well, I already said I'd do it.
[ sighs .]
I think this is a bad idea.
What, exactly? Switching shifts to sit on a case.
Eavesdropping on my personal conversations? I overheard.
What, you don't think it's appropriate to help a friend? Not like this.
Well, I've always valued your input, charlie, And I'll take it under advisement.
You're not gonna listen to me.
I'll see you tomorrow.
Hey, so, I know you're finishing up in court.
Good luck.
We're supposed to see that apartment at 6:30, If that works for you.
Sounds awesome, but, you know, they always do.
Got to go.
Um, can I help you? Yeah, I'm looking for my baby.
You can't just walk in here and take the child.
I'm responsible for him.
It's my kid.
My name's on the birth certificate.
And from the moment that she got pregnant Till the day that she died, Shauna tried to get you to be there to help, But you didn't do a damn thing.
She's not here no more, right? So suddenly you want to step up? With wic, welfare, food stamps, Shauna got like $1,100 a month for the kid.
[ chuckles .]
I could take care of him for that.
You can't take on a child Because you want the welfare check.
I'm his father.
It's my money.
James, okay? James - that's its name.
And any money would be for him, not for you.
Whatever.
Look, you could follow me around, see how I spend it or Or what? Maybe you want to pay me the $1, 100 a month I'd have to lose, And I could think about falling back.
[ baby crying .]
Shh, shh, shh, shh.
It's okay.
You think you can hold me up? I'll go to family court.
I'll get the kid.
Turn around.
Walk out of my office.
Did I tell you it's perfect? Look out the window that way.
Right.
More right.
Way right.
[ laughs .]
the chrysler building.
Ah, the eternal symbol of corporate excess.
He's just trying to play it cool so we don't seem overanxious, Because this apartment is so awesome.
[ both laugh .]
Ester, could we - could we have a moment, please? Oh, absolutely.
I'll just go stand, uh, stand in the kitchen.
I know.
I'm sorry.
This is a negotiation.
Would you tell an a.
D.
A.
, "that's an awesome offer"? But don't you love it? [ sighs .]
I do.
No, I do.
What's wrong with it? It's big Expensive.
How many apartments have we seen so far? [ sighs .]
a lot.
It's a major decision.
It'sMoving.
We don't -- We don't have to do this.
You know, we don't have to get a place together.
I want to.
Otherwise, this is just a big waste of time -- Hers, yours, mine.
Ester? Uh We'll take it.
Ah! What do we need to do? You just fill out an application, and I'll tell the landlord.
Of everyone, I think you two Should be on the top of the list.
And he usually listens to me.
Thank you.
How soon can we move in? Soon as he says yes.
You'll get the keys right away.
Ah! Oh, come on, you kids.
[ chuckles .]
You're gonna give me a hot flash.
[ chuckles .]
Popcorn, cabernet, and a western.
Who'd have thunk? "the searchers" is not just some western.
It's the best film john wayne ever made.
Mmm! Mmm.
And this is a very fine red wine.
Yeah.
I knew you'd like it.
Yeah.
I'll get the remote.
It's late.
Come on, we got a western to watch.
No, no, no.
No, listen to me.
What you did tonight with blake's case -- You didn't need to do that.
I know.
But I wanted to.
You saved my son.
And I'll never forget that.
The jury came back with another note.
They're still hung.
So, what does that mean? It just means we wait.
Okay, but with the jury locked up, You think there's a way we can make a deal to get me out here? I can ask, but even if they would finally offer you a year -- I could live with that.
A conviction would mean you'd automatically be deported.
Right.
My family -- they're from trenchtown.
It's a slum outside of kingston.
They live there in a one-room hut, No running water.
Use cut-up rubber tires as shoes for the kids' feet.
My family saved years to send me here.
Pleading guilty to something I didn't do would be bad enough.
But going home to face my family afterwards I'd rather take the verdict.
I have received your third note, and I'm now convinced That further deliberation in this case Is unlikely to yield a verdict Which would be consistent with the conscience of each juror.
SoYou're discharged.
Counsels, first thing tomorrow, We will talk about scheduling a retrial.
Excuse me.
Excuse me, mr.
Kellerman? Andy zeitlin, the jury foreman.
I just wanted to say I'm really sorry.
Ah, you know, whatever happened, I'm sure it's not your fault.
Like you said in your summation, Once she made the accusation, she couldn't take it back.
So, what happened? Number 8 happened -- mr.
Barrett? By the end, he wouldn't even talk to us.
He just sat there saying, "guilty, guilty, guilty.
" Look, I don't want to call this guy a racist, But he was not prepared to believe a woman Would ever make a move like that.
Marcus! 11 to 1, not guilty.
So, what happens to mr.
Newton now? Ask this guy.
Well, I'll have to review it with my boss, But odds are, he'll have us retry the case.
Yeah.
Translation -- otis sits in jail For another six months waiting for a new trial.
Well, except for number 8, we were convinced he was innocent.
Isn't there anything we can do? No.
Not unless you want to pony up the $2,500 for bail.
$2,500? That's what's keeping him in? Yeah.
Well, how much does it cost to keep him in jail for six months? A lot more than that.
So, can I write a check? A che-- uhNo.
They need cash, actually.
Well, there's a bank right across the street.
Can you wait like five minutes? Are you kidding me? I'll go with you.
All right.
Come on.
A hung jury? Really, marcus? I'm gonna go.
No, no, wait, stay.
Let's hear mcgrath explain how he got a hanger in a sexual-assault case, Where the complaining witness Is an attractive, articulate white woman.
Or let me guess - it was 11 to 1 for a conviction, But one unreasonable crank subverted justice.
Going and I'm gone.
Actually, it was 11 to 1 For acquittal.
Wow.
You really did leave it in the locker room.
Truth is, I can't blame them.
I'm not sure I buy what our complainant is selling.
She give you reason to believe she lied on the stand? No.
So, you think she just made it up.
We're supposed to have discretion.
I'd like to exercise it.
Let's forget about the retrial, let this guy go.
On a sex case with a complainant Whose family endowed a wing at the met? I don't think so.
Then, uh, let me offer him A non-deportable misdemeanor charge.
So the pervert masseur gets to stay in the country.
It's a guilty plea, nick, a win.
Hmm? Go home, marcus.
Have a nice dinner.
You've already won, okay? The guy's gonna sit for six months waiting for another shot.
Offer him the felony, time served.
Trust me, he'll take anything to get out.
Except he's not in jail.
What do you mean, he's not in jail? The jury foreman was so convinced of his innocence, He posted the bail himself.
No.
Yes.
I was there.
And you didn't stop him? [ laughs .]
how could I stop him? [ scoffs .]
I'll show you tomorrow in court, and I'll do the talking.
How'd you come to know james' mother, shauna? I've represented her since she was first picked up For a petit larceny a decade ago.
I saw her through addiction and relapse.
I was with her during her pregnancy and for james' birth.
I kept her out of jail, And I helped her arrange for benefits for her baby Through our social workers.
We got very close.
Now, did shauna ever mention james' biological father? Only to complain that he was not involved in their lives.
I called mr.
Cantwell several times, And he never called me back.
And when did you finally meet him? When he came to my office and demanded the baby.
Mr.
Cantwell told me that I could keep james If I'd pay him the $1,100 a month He would get from welfare.
All I said was having kids was expensive.
I ain't stupid.
Right.
So, of course, you sent shauna some money To, you know, help with all those expenses.
I had troubles of my own.
I couldn't take it on right then.
Troubles like unemployment? Right.
And living on welfare.
Yeah.
And, say, having a criminal record.
I paid my debt, man.
But being a single parent, if you get arrested again, There's no one to take care of james.
He's gonna keep me on the straight and narrow.
Before you came back for james, you found a job, right? I'm still working on that.
And, of course, you got off of welfare, so, you know, you could support him.
Not yet.
Oh.
Oh, so it's like you said -- Having a baby with you would increase your welfare money.
No, no, no.
What I said was a boy needs to be with his daddy.
Ms.
Whitman, you and your office have made a compelling And heartfelt presentation here today.
But the laws of this state come down, unequivocally, On the side of family reunification.
I am bound by the those laws and must therefore award custody To the child's remaining biological parent.
We will meet back at this court at 9: 00 a.
M.
On Thursday.
Ms.
Whitman, please bring the child, And we'll effect the transfer of custody then.
I think 7:30 would be perfect.
I'll have charlie call and make the reservation tomorrow.
We could do it here.
Yeah! Ordering in is fun.
Or we could cook.
"we"? Uh, okay, I -- I could cook.
[ both laugh .]
[ cellphone vibrating .]
is that you or me? Oh, that's me.
Huh.
Hi.
Whoa, whoa, whoa.
Wait.
What? Well, are you all right? No, are -- are you hurt? Oh.
Okay, okay.
Um Where are you, exactly? No, no, no.
L-listen to me.
Do -- do not move.
No, don't say anything to anyone.
Do nothing.
I'll call the lawyer.
All right.
[ cellphone beeps .]
What happened? Blake's been in a car accident, And he thinks he might have killed someone.
Oh, my god! Please tell me he wasn't drinking.
I wish I could.
[ sighs .]
Harsh words from the mayor for trudy kessler, The judge who released blake shepherd After his second arrest for drunk driving.
Only 24 hours later, Shepherd was involved in the accident That killed lisa weinberg, A 19-year-old tourist from ohio.
Shepherd is expected to be charged with murder.
Meanwhile, the state commission on judicial conduct Has indicated that they will launch a full investigation Of both the case and judge kessler's record.
Charlie, you didn't tell anyone Why I changed that arraignment shift, did you? No.
Or mention my relationship with robert to anyone? No, of course not.
Okay, okay.
I need you to think.
Are you absolutely sure? I am absolutely sure.
Okay, okay.
Okay, so, then the only people that know about the connection Are you and me and robert.
And possibly his son.
Oh, my god.
Oh, my god, I am in so much trouble.
How could I have been so stupid? All right, look, what do you think is gonna happen here? Well, we are gonna get flayed in the press, And the administrative judge is gonna start asking questions As to why I dismissed the case.
And why did you? Based on, um Facial insufficiency.
You didn't think the complaint had enough facts in it? Just get into the file.
Pull the transcript and the complaint.
I want you to find every bit of case law That proves I made a perfectly proper legal decision -- airtight.
In other words, fix this for you.
I don't need your attitude right now, charlie.
All I need is case law.
Charlie, please, I just need you to do your job.
Docket ending 672, otis newton.
Mr.
Balco, coming in personally for a simple adjournment? I'm touched, although I'm fairly certain Mr.
Mcgrath can read a calendar while I set a new trial date.
That he can do.
I am here to make a bail application.
On this case? Your honor, I'm sure you'll be as surprised as I was To learn that last night, The defendant made bail and was released.
Really? Apparently, the foreman of his jury Decided to use his money to buy the freedom He couldn't coax from his fellow jurors.
This true, mr.
Kellerman? The foreman was so convinced of mr.
Newton's innocence That he made a personal decision to help, yes.
Which would be all touching, except that the man Is a complete stranger to the defendant.
Therefore, the defendant has no reason To care about losing the bail money.
Do you have a motion you'd like to make, mr.
Balco? I am asking the court to increase bail to $25,000, your honor.
Oh But I just got out.
Your honor, it was 11 to 1 for an acquittal.
11 to 1 or 1 to 11, There's still no precedent for a juror bailing out a defendant.
Certainly none that I know of.
Mr.
Kellerman, do you have something for me? I don't know of any precedent that says you can't, your honor.
NotVery comforting, counselor.
Bail is increased to $25,000.
I have to go back there? You're gonna hang tough.
Let me try to work this out, okay? And just so this sort of thing doesn't happen again, We'd also ask for a surety hearing, your honor.
So ordered.
What about the plea? Your honor, please, with all due respect -- Mr.
Kellerman, if you want to be respectful, You will move on from this discussion And focus on setting a trial date, Which I believe is the reason We gathered together in the first place.
Andy: $25,000? The judge upped his bail just because he got out? Pretty much.
Who is this judge? Who's his boss? They don't have bosses.
That's half the problem.
So, what? So he thinks he can just price me out of helping this guy? You know, when I was building my company, People used to tell me to put up or shut up.
I always put up.
He wants 25 grand, that's fine.
I'll pay it.
That -- that's great.
It -- it's not that easy.
Why not? He's also ordered what's called a surety hearing, So even if you post the bail, He's entitled to review it And decide whether he'll accept it.
So he can reject the bail he just set? Yep.
But I'll fight it if you will.
You tell me where and when.
[ lock clicks .]
Alonzo cantwell? Who are you? Richard woolsley, from the public defender's office.
Woman: Alonzo, who's at the door? It's for me.
[ dog barking in distance .]
What the hell you want? I want to talk to you about james.
Who? The child you're about to take on.
[ scoffs .]
man, get out of here.
Really think you can handle a kid? A baby? Look, I said get out of here.
What are you gonna do? Are you gonna hit me? That'll look great for you in court.
Who is it? Shut up! It's for me! Let's do a little math together, shall we? Diapers -- about $100 a month, not including wipes.
Butts need to be wiped.
Formula -- you figure about $175 a month -- I looked it up -- Not including bottles and nipples or soft food, Which is about $120 a month.
Unless you're not planning on feeding him, In which case, you'll have child services to answer to.
'cause they'll be coming by to check.
Doctors' bills, clothing.
You don't think I care about my son? If you care about your son, You'll do the right thing for him.
I'm his father.
Judge already said so.
You might be his father.
You're not qualified to be his parent.
You better get out of here Before I make you sorry you knocked on this door.
Oh, please, tell me you found something useful.
WellYour only tenae argument Is that you dismissed the case based on facial insufficiency Because the language of the complaint was conclusory, Based on people v.
Dumas.
That sounds pretty good.
What part of the complaint did I have trouble with? This is serious, trudy.
A girl is dead.
I know.
And blake is being charged with murder.
I understand, okay? Just -- just read me the complaint.
"deponent states he observed the defendant "to be in an intoxicated condition "in that the defendant had a flushed face, was combative, And refused to submit to a chemica l-test analysis.
" Not if you focus oh, my god, on what's notmthere.
Er is over.
There's no mention of odor of alcohol, Slurred speech, bloodshot eyes.
Right.
So, a flushed face and combative attitude Are just as consistent with anger as with intoxication.
Which means, under dumas, That there were insufficient no n-conclusory facts To support the allegation.
It's thin.
It's what you got.
An insufent complaint is jurisdictionally defective.
You had no choice.
You were bound to dismiss.
Thank you.
We didn't get the apartment.
W-what? What happened? Ester just called.
Somebody just offered the landlord $200 a month more.
She's lowballing us.
Well, money talks, you know? At least now you don't have to worry about all that space.
I liked that place.
So did I.
So, this source of your income? A software company.
I had good timing on the sale.
Any drug dealing, money laundering, Or other illicit activity? Just computer code and a couple of smart investments.
You have no personal relationship with otis newton.
I was the foreman of his jury.
But you never knew him before you saw him in court.
No.
And you haven't seen him since the judge declared a hung jury? That's right.
So, you never told him That you were risking your money to buy his freedom.
It didn't seem to matter.
I mean, he showed up this morning.
Tell me, mr.
Newton, why did you come back to court today? W-wasn't I supposed to? Yes, as a matter of fact, you were.
Mr.
Zeitlin, are you aware of what happens to your money If mr.
Newton fails to appear? I'll lose it.
I'll survive.
Because you're a wealthy man.
Comfortable, anyway.
Which is why $25,000 is an amount you're willing to risk On someone you've never even talked to? Professor: Actually, bail posted by strangers Is more effective than regular bail.
Based on what, professor? A recent study by the bronx defenders Found that 93% of defendants Made every one of their court appearances, Even though their bail was posted by a charity.
And how does that percentage compare To defendants bailed out by friends or family members? The return rates were higher with a charitable fund.
Any idea why? When someone they don't know pays to get them out of jail, So they come back not only because they want vindication Or because they respect authority, But also out of simple gratitude.
The law puts its faith in real incentives, Not wishful thinking -- in power, not prayer.
It'd be pretty to live in a world Where felons came back to court Out of gratitude or good character.
But in the real world, people come back to court Because if they don't, we take their money.
There isn't a single appellate or controlling case That has upheld a complete stranger posting bail.
That's because criminal defendants have, By definition, placed their own self-interests Above the interests of society.
Bail works by making flight costly.
But when it's posted by a stranger, there is no cost, Particularly when the man who posted it Doesn't seem to mind if he lost the money.
If you want to incentivize mr.
Newton to return to court, At least give mr.
Zeitlin a reason to make sure he does.
The central flaw in the prosecution's argument Is right in front of you.
Otis newton came back, and he sits here As a living, breathing rebuke to mr.
Balco's position.
For once, let's finally say out loud What we all know is true.
Setting bail is not about coming back to court.
It's about keeping the system moving.
The dirty little secret here Is that less than 1% of criminal defendants go to trial.
Without unaffordable bail forcing poor people To choose between staying in jail and fighting their cases Or pleading guilty and going home, Pleas would dry up, and the system would fall apart.
So, yes.
Mr.
Balco's correct.
The entire discussion is about power.
But the truth is, In the face of the science, in the face of the studies, Mr.
Balco isn't afraid that mr.
Newton is going to run.
He's afraid that without bail, he isn't going to plead.
[ door opens .]
You wanted to see me? How you holding up? Judge kessler can defend her decision.
She's ready for whatever they throw at her.
I wasn't asking about her.
I'm fine.
Thanks for asking.
May I Ask what you're thinking of doing on the surety hearing? Why? You have an opinion? I think the only relevant question Is whether a defendant will come back and face the charges.
If all the facts indicate he will, Then bail should be allowed, regardless of who posts it.
Sounds to me like you've been talking to your friends about it.
Y-- they've Spoken of it.
Let me give you the first rule of judging, charlie.
Take nothing from anyone, do nothing for anyone.
I wasn't asking for any personal consideration.
I wasn't accusing you.
You're a good man, charlie.
You're an excellent lawyer, and you will make a fine judge.
I would be honored to have you work for me.
You can be loyal to a fault, charlie.
You've got to be your own person.
Who you choose to work for reflects on who you are.
[ knock on door .]
Yeah? Trudy We need to talk.
Oh, boy.
The last time you said, "we need to talk, " you told me you were gay.
[ chuckles .]
what is it this time? [ sighs .]
What? I have scraped together every shred of law to protect you.
I've put on a good public face.
I will stay until you're in the clear, But when this is done, so am I.
Charlie, I was carried away.
I did something stupid because I thought I was In love.
I'm sorry, okay? I made a mistake, but I am paying for it.
This is not about you.
You are not the victim here.
If it wasn't for your mistake, Lisa weinberg wouldn't go back to ohio in a box.
Why are you trying to hurt me? [ sighs .]
I'm not.
Charlie, look, I know that you're upset.
I am, too.
But don't make a huge life decision In the middle of a crisis.
Just Take some time, some distance.
You'll have a new perspective.
I don't ever want to have that kind of perspective.
[ ringing .]
Hey, this is robert.
Leave me a message, and I'll call you back.
[ beep .]
Hi.
Robert, it's me.
Um, listen, this isn't gonna blow over anytime soon, And I know that you didn't mean for this -- You know, I mean, neither of us did -- But If anyone was to ever find out, there is no way -- No talking, no seeing ever.
I'm really sorry, robert.
You have no idea how sorry I am.
Charlie: Trudy.
Sorry, charlie, I'm late.
[ door opens, closes .]
Judge farnsworth: Mr.
Kellerman has made a compelling case That the traditional view of bail Is contrary to the science And that it's dishonest about the realities of the system.
Surely none of us on the bench could deny That we regularly accept pleas From people who can't afford bail In cases where a richer defendant Would successfully fight.
But Bail is supposed to create incentive.
And whether or not Mr.
Newton sees the bail as a gift to be honored, Mr.
Zeitlin sees it as a pittance.
I accept mr.
Zeitlin as a legitimate suretor And I will allow him to post bail In the amount of $250,000.
Can't blame the man.
He already did more for me than any normal person would.
And he wants to help.
He's just afraid the judge will keep raising the amount.
You know Being back home, even for that one night, Made me realize how much I miss my life.
I got to get out of here, Even if it means going back home to trenchtown.
Talk to the d.
A Please.
Okay.
I'll see what I can do.
It's almost 4:00.
Seven hours of waiting for this asshole to show up So that he can ruin his kid's life.
Ashley, I know it's not in your nature, But could you try to think for a minute before you speak? No, I'm just saying -- it's not helpful.
It's all right, richard.
What if he was seven hours late for daycare? Or seven hours late for a feeding? Or seven hours late for a doctor's appointment? He's not fit to be a parent.
Okay, we're gonna walk up and down the hall for a minute.
She's right -- this is ridiculous.
Let's go make a motion.
My order couldn't have been clearer.
I said that the transfer of the child Was to take place at 9:00 a.
M.
I've been waiting with him since then, your honor.
Your honor, inasmuch as mr.
Cantwell has failed to appear -- I'd like to move that the court reconsider its custody award And terminate mr.
Cantwell's parental rights.
Permanently.
Uh, judge.
The court day is ending, your honor.
This baby needs to go home.
I note for the record That this court's business is otherwise complete.
The petitioner has had ample time To comply with this court's directives, So unless mr.
Cantwell walks through that door Before the court is adjourned, It is my intent to terminate his parental rights Permanently And award custody of the child to ms.
Whitman.
So ordered.
[ laughs .]
[ door opens .]
Mr.
Balco, the judge is out for the day.
Thanks, charlie.
I'm not here for her.
I'm here for you.
What do you need? Judge kessler may survive this.
She may stay on the bench and muddle by doing civil cases.
But you -- you're not a muddler.
This isn't the time or the place.
Your obvious choice Is for you to go be farnsworth's law secretary, But you've done that job.
And being a bleeding-heart public defender Is career suicide and a fast track to burnout.
But you come with me In a few years, you'll be on the fast track -- Judgeship, politics, write your own ticket.
I'm not sure I'm cut out to be an advocate.
You know what the great thing about being a prosecutor is? You have real power.
You decide who to indict and what for.
You decide how much time a case is worth Or whether it's worth any at all.
In my office, you have real discretion.
You get to make justice.
Don't believe your cop, cut the guy a sweetheart deal.
Don't believe in the case Dismiss it.
Is that what happened in the surety hearing today? [ chuckles .]
You have a problem with that? I'm uncomfortable using bail to keep someone in When 11/12 of the jury wants him out.
Fine.
We'll cut the guy loose tonight, Offer him time served in the morning.
Power, charlie -- Power to make justice.
Yeah.
You think about it.
You don't think I listen.
You don't.
You think I keep you on too short a leash, That I don't respect your intelligence, Your ability parse a case.
You're wrong.
You think otis newton is innocent? How about I don't think he's guilty? [ chuckles .]
Precision.
That's what I like about you, marcus.
There's no margin in it for me to make you do a case you don't believe in.
So, you want to make a deal? Go ahead.
Offer him that non-deportable misdemeanor If that's what you really want.
It is.
Really? And don't ever tell me I don't listen to you.
You got the power, marcus.
Use it for good.
Good night, nick.
And, uh, thanks.
What's this? Open.
Commercial real estate? We expanding our practice? UhIn a way.
Dig deeper.
[ chuckles .]
The other guy was offering $200 a month more for rent, right? So I told ester we'd do three hours of free legal work a month For the landlord.
That's it? You know how much a junior associate At a real-estate firm bills? Like $350 an hour easy, so it's a great deal all-around.
You got us the apartment? I did.
I did.
[ chuckles .]
We got a place.
We got a baby.
Hey! Yeah! Congratulations.
Thank you.
Congratulations.
Hey, bud.
Hey, we got a place.
[ laughter .]
Long day.
[ sighs .]
yes, it was.
If you ever need a babysitter OrJust somebody to make dinner Thanks, richard.
I'd love that.
Good.
Just let me know.
[ chuckles .]
I remember these streets, I remember these faces Come on, guys, I'll be fine.
Seriously, don't look at me like that.
She's gonna get through this.
Unless she doesn't get reappointed.
Which does happen.
Let's not hold a wake just yet.
I still don't think she did anything wrong.
Michelle: She released a kid on a d.
W.
I.
Who went out, got drunk, and killed a tourist.
That's tragic, but it's not as if she had a conflict or took a payoff.
You know, she dismissed a defective complaint.
That's what judges are supposed to do, right? Okay, I'm, uh, dry.
Anybody else want? I'm good.
Just the man I wanted to see.
You gloat, you buy.
How about you gloat, I buy? Misdemeanor, time served.
The guy keeps his green card and stays in the country.
Balco's gonna approve that? He listens to me.
Sometimes, anyway.
Thank you.
[ glasses clink .]
Sure you don't want to dismiss? I mean, you know otis is totally innocent.
[ chuckles .]
you do want me around for the next guy, right, brother? Yeah.
But he really is innocent.
[ sighs .]
Come on.
Hungry? [ laughs .]
famished.
Mm.
Bye.
Bye.
Hey.
What's going on? Hey.
How's it going? How you guys doing? Standing next to me take the picture from her lips, I heard her say "can I have you?" caught up in what to say I said, "you do" I said, "you do" I said, "you do"
Normally I had sharon, but she was out, So they asked if I'd try someone new.
So, you were on your stomach under the sheet.
Yes.
It all seemed fine at first.
When did things go wrong? [ jamaican accent .]
about halfway through, I started on her hamstrings.
He was working his way up my legs.
She started making little sounds.
And then She spread her legs.
I was lying there And he started to touch me inappropriately.
What did you do? They teach you in massage school That when someone tries to get sexual, You just step back and end the session.
I told him to get his hands off me And jumped off the table.
I felt soViolated.
So, when the manager saw you rushing out in your robe, He stopped you and asked you what happened.
Yes.
So, your manager called you out And told you to wait in his office.
It was some time before he came back.
About 40 minutes, yes.
So, it was the manager who suggested calling the police.
Yes.
He said that because of liability issues, He had to call the cops Anytime there was an allegation of sexual misconduct.
And what did you tell him when he told you that? I said, "that's okay.
Let it go.
I don't need to register any complaint against the customer.
" He looked at me.
That's when I realized she was the one accusing me.
I still have nightmares about it.
They arrested me right there, Took me away in handcuffs To jail.
I couldn't believe it.
[ knock on door .]
Yeah, charlie? Hey.
Hi, rob.
Mmm! Mmm! [ chuckles .]
I'm so sorry to interrupt.
Don't be silly.
I'd be sorrier if you hadn't.
What's wrong? Well, I, uh My son's in jail.
What for? Apparently, he was going 80 miles an hour up 6th avenue When the police stopped him.
Speeding.
And drinking.
Well, um, a d.
W.
I.
Is a misdemeanor, So you bail him out, they plead it down, And it'll all be over.
Except that he's already on probation for the same thing And his license is suspended.
Oh, boy.
I called ron greer, who defended blake last time.
Yeah, ron's one of the best.
Well, he's -- he's not optimistic.
He thinks we're looking at jail time.
Did ron tell you when the arraignment is scheduled? He thought maybe tonight.
Charlie! [ door opens .]
yeah? Who's down in arraignments tonight? Should be shenkler.
I think I owe him a shift.
Can I talk to you for a sec? Yeah.
Judge shenkler says he didn't think you owed him a shift.
Oh.
Well, I already said I'd do it.
[ sighs .]
I think this is a bad idea.
What, exactly? Switching shifts to sit on a case.
Eavesdropping on my personal conversations? I overheard.
What, you don't think it's appropriate to help a friend? Not like this.
Well, I've always valued your input, charlie, And I'll take it under advisement.
You're not gonna listen to me.
I'll see you tomorrow.
Hey, so, I know you're finishing up in court.
Good luck.
We're supposed to see that apartment at 6:30, If that works for you.
Sounds awesome, but, you know, they always do.
Got to go.
Um, can I help you? Yeah, I'm looking for my baby.
You can't just walk in here and take the child.
I'm responsible for him.
It's my kid.
My name's on the birth certificate.
And from the moment that she got pregnant Till the day that she died, Shauna tried to get you to be there to help, But you didn't do a damn thing.
She's not here no more, right? So suddenly you want to step up? With wic, welfare, food stamps, Shauna got like $1,100 a month for the kid.
[ chuckles .]
I could take care of him for that.
You can't take on a child Because you want the welfare check.
I'm his father.
It's my money.
James, okay? James - that's its name.
And any money would be for him, not for you.
Whatever.
Look, you could follow me around, see how I spend it or Or what? Maybe you want to pay me the $1, 100 a month I'd have to lose, And I could think about falling back.
[ baby crying .]
Shh, shh, shh, shh.
It's okay.
You think you can hold me up? I'll go to family court.
I'll get the kid.
Turn around.
Walk out of my office.
Did I tell you it's perfect? Look out the window that way.
Right.
More right.
Way right.
[ laughs .]
the chrysler building.
Ah, the eternal symbol of corporate excess.
He's just trying to play it cool so we don't seem overanxious, Because this apartment is so awesome.
[ both laugh .]
Ester, could we - could we have a moment, please? Oh, absolutely.
I'll just go stand, uh, stand in the kitchen.
I know.
I'm sorry.
This is a negotiation.
Would you tell an a.
D.
A.
, "that's an awesome offer"? But don't you love it? [ sighs .]
I do.
No, I do.
What's wrong with it? It's big Expensive.
How many apartments have we seen so far? [ sighs .]
a lot.
It's a major decision.
It'sMoving.
We don't -- We don't have to do this.
You know, we don't have to get a place together.
I want to.
Otherwise, this is just a big waste of time -- Hers, yours, mine.
Ester? Uh We'll take it.
Ah! What do we need to do? You just fill out an application, and I'll tell the landlord.
Of everyone, I think you two Should be on the top of the list.
And he usually listens to me.
Thank you.
How soon can we move in? Soon as he says yes.
You'll get the keys right away.
Ah! Oh, come on, you kids.
[ chuckles .]
You're gonna give me a hot flash.
[ chuckles .]
Popcorn, cabernet, and a western.
Who'd have thunk? "the searchers" is not just some western.
It's the best film john wayne ever made.
Mmm! Mmm.
And this is a very fine red wine.
Yeah.
I knew you'd like it.
Yeah.
I'll get the remote.
It's late.
Come on, we got a western to watch.
No, no, no.
No, listen to me.
What you did tonight with blake's case -- You didn't need to do that.
I know.
But I wanted to.
You saved my son.
And I'll never forget that.
The jury came back with another note.
They're still hung.
So, what does that mean? It just means we wait.
Okay, but with the jury locked up, You think there's a way we can make a deal to get me out here? I can ask, but even if they would finally offer you a year -- I could live with that.
A conviction would mean you'd automatically be deported.
Right.
My family -- they're from trenchtown.
It's a slum outside of kingston.
They live there in a one-room hut, No running water.
Use cut-up rubber tires as shoes for the kids' feet.
My family saved years to send me here.
Pleading guilty to something I didn't do would be bad enough.
But going home to face my family afterwards I'd rather take the verdict.
I have received your third note, and I'm now convinced That further deliberation in this case Is unlikely to yield a verdict Which would be consistent with the conscience of each juror.
SoYou're discharged.
Counsels, first thing tomorrow, We will talk about scheduling a retrial.
Excuse me.
Excuse me, mr.
Kellerman? Andy zeitlin, the jury foreman.
I just wanted to say I'm really sorry.
Ah, you know, whatever happened, I'm sure it's not your fault.
Like you said in your summation, Once she made the accusation, she couldn't take it back.
So, what happened? Number 8 happened -- mr.
Barrett? By the end, he wouldn't even talk to us.
He just sat there saying, "guilty, guilty, guilty.
" Look, I don't want to call this guy a racist, But he was not prepared to believe a woman Would ever make a move like that.
Marcus! 11 to 1, not guilty.
So, what happens to mr.
Newton now? Ask this guy.
Well, I'll have to review it with my boss, But odds are, he'll have us retry the case.
Yeah.
Translation -- otis sits in jail For another six months waiting for a new trial.
Well, except for number 8, we were convinced he was innocent.
Isn't there anything we can do? No.
Not unless you want to pony up the $2,500 for bail.
$2,500? That's what's keeping him in? Yeah.
Well, how much does it cost to keep him in jail for six months? A lot more than that.
So, can I write a check? A che-- uhNo.
They need cash, actually.
Well, there's a bank right across the street.
Can you wait like five minutes? Are you kidding me? I'll go with you.
All right.
Come on.
A hung jury? Really, marcus? I'm gonna go.
No, no, wait, stay.
Let's hear mcgrath explain how he got a hanger in a sexual-assault case, Where the complaining witness Is an attractive, articulate white woman.
Or let me guess - it was 11 to 1 for a conviction, But one unreasonable crank subverted justice.
Going and I'm gone.
Actually, it was 11 to 1 For acquittal.
Wow.
You really did leave it in the locker room.
Truth is, I can't blame them.
I'm not sure I buy what our complainant is selling.
She give you reason to believe she lied on the stand? No.
So, you think she just made it up.
We're supposed to have discretion.
I'd like to exercise it.
Let's forget about the retrial, let this guy go.
On a sex case with a complainant Whose family endowed a wing at the met? I don't think so.
Then, uh, let me offer him A non-deportable misdemeanor charge.
So the pervert masseur gets to stay in the country.
It's a guilty plea, nick, a win.
Hmm? Go home, marcus.
Have a nice dinner.
You've already won, okay? The guy's gonna sit for six months waiting for another shot.
Offer him the felony, time served.
Trust me, he'll take anything to get out.
Except he's not in jail.
What do you mean, he's not in jail? The jury foreman was so convinced of his innocence, He posted the bail himself.
No.
Yes.
I was there.
And you didn't stop him? [ laughs .]
how could I stop him? [ scoffs .]
I'll show you tomorrow in court, and I'll do the talking.
How'd you come to know james' mother, shauna? I've represented her since she was first picked up For a petit larceny a decade ago.
I saw her through addiction and relapse.
I was with her during her pregnancy and for james' birth.
I kept her out of jail, And I helped her arrange for benefits for her baby Through our social workers.
We got very close.
Now, did shauna ever mention james' biological father? Only to complain that he was not involved in their lives.
I called mr.
Cantwell several times, And he never called me back.
And when did you finally meet him? When he came to my office and demanded the baby.
Mr.
Cantwell told me that I could keep james If I'd pay him the $1,100 a month He would get from welfare.
All I said was having kids was expensive.
I ain't stupid.
Right.
So, of course, you sent shauna some money To, you know, help with all those expenses.
I had troubles of my own.
I couldn't take it on right then.
Troubles like unemployment? Right.
And living on welfare.
Yeah.
And, say, having a criminal record.
I paid my debt, man.
But being a single parent, if you get arrested again, There's no one to take care of james.
He's gonna keep me on the straight and narrow.
Before you came back for james, you found a job, right? I'm still working on that.
And, of course, you got off of welfare, so, you know, you could support him.
Not yet.
Oh.
Oh, so it's like you said -- Having a baby with you would increase your welfare money.
No, no, no.
What I said was a boy needs to be with his daddy.
Ms.
Whitman, you and your office have made a compelling And heartfelt presentation here today.
But the laws of this state come down, unequivocally, On the side of family reunification.
I am bound by the those laws and must therefore award custody To the child's remaining biological parent.
We will meet back at this court at 9: 00 a.
M.
On Thursday.
Ms.
Whitman, please bring the child, And we'll effect the transfer of custody then.
I think 7:30 would be perfect.
I'll have charlie call and make the reservation tomorrow.
We could do it here.
Yeah! Ordering in is fun.
Or we could cook.
"we"? Uh, okay, I -- I could cook.
[ both laugh .]
[ cellphone vibrating .]
is that you or me? Oh, that's me.
Huh.
Hi.
Whoa, whoa, whoa.
Wait.
What? Well, are you all right? No, are -- are you hurt? Oh.
Okay, okay.
Um Where are you, exactly? No, no, no.
L-listen to me.
Do -- do not move.
No, don't say anything to anyone.
Do nothing.
I'll call the lawyer.
All right.
[ cellphone beeps .]
What happened? Blake's been in a car accident, And he thinks he might have killed someone.
Oh, my god! Please tell me he wasn't drinking.
I wish I could.
[ sighs .]
Harsh words from the mayor for trudy kessler, The judge who released blake shepherd After his second arrest for drunk driving.
Only 24 hours later, Shepherd was involved in the accident That killed lisa weinberg, A 19-year-old tourist from ohio.
Shepherd is expected to be charged with murder.
Meanwhile, the state commission on judicial conduct Has indicated that they will launch a full investigation Of both the case and judge kessler's record.
Charlie, you didn't tell anyone Why I changed that arraignment shift, did you? No.
Or mention my relationship with robert to anyone? No, of course not.
Okay, okay.
I need you to think.
Are you absolutely sure? I am absolutely sure.
Okay, okay.
Okay, so, then the only people that know about the connection Are you and me and robert.
And possibly his son.
Oh, my god.
Oh, my god, I am in so much trouble.
How could I have been so stupid? All right, look, what do you think is gonna happen here? Well, we are gonna get flayed in the press, And the administrative judge is gonna start asking questions As to why I dismissed the case.
And why did you? Based on, um Facial insufficiency.
You didn't think the complaint had enough facts in it? Just get into the file.
Pull the transcript and the complaint.
I want you to find every bit of case law That proves I made a perfectly proper legal decision -- airtight.
In other words, fix this for you.
I don't need your attitude right now, charlie.
All I need is case law.
Charlie, please, I just need you to do your job.
Docket ending 672, otis newton.
Mr.
Balco, coming in personally for a simple adjournment? I'm touched, although I'm fairly certain Mr.
Mcgrath can read a calendar while I set a new trial date.
That he can do.
I am here to make a bail application.
On this case? Your honor, I'm sure you'll be as surprised as I was To learn that last night, The defendant made bail and was released.
Really? Apparently, the foreman of his jury Decided to use his money to buy the freedom He couldn't coax from his fellow jurors.
This true, mr.
Kellerman? The foreman was so convinced of mr.
Newton's innocence That he made a personal decision to help, yes.
Which would be all touching, except that the man Is a complete stranger to the defendant.
Therefore, the defendant has no reason To care about losing the bail money.
Do you have a motion you'd like to make, mr.
Balco? I am asking the court to increase bail to $25,000, your honor.
Oh But I just got out.
Your honor, it was 11 to 1 for an acquittal.
11 to 1 or 1 to 11, There's still no precedent for a juror bailing out a defendant.
Certainly none that I know of.
Mr.
Kellerman, do you have something for me? I don't know of any precedent that says you can't, your honor.
NotVery comforting, counselor.
Bail is increased to $25,000.
I have to go back there? You're gonna hang tough.
Let me try to work this out, okay? And just so this sort of thing doesn't happen again, We'd also ask for a surety hearing, your honor.
So ordered.
What about the plea? Your honor, please, with all due respect -- Mr.
Kellerman, if you want to be respectful, You will move on from this discussion And focus on setting a trial date, Which I believe is the reason We gathered together in the first place.
Andy: $25,000? The judge upped his bail just because he got out? Pretty much.
Who is this judge? Who's his boss? They don't have bosses.
That's half the problem.
So, what? So he thinks he can just price me out of helping this guy? You know, when I was building my company, People used to tell me to put up or shut up.
I always put up.
He wants 25 grand, that's fine.
I'll pay it.
That -- that's great.
It -- it's not that easy.
Why not? He's also ordered what's called a surety hearing, So even if you post the bail, He's entitled to review it And decide whether he'll accept it.
So he can reject the bail he just set? Yep.
But I'll fight it if you will.
You tell me where and when.
[ lock clicks .]
Alonzo cantwell? Who are you? Richard woolsley, from the public defender's office.
Woman: Alonzo, who's at the door? It's for me.
[ dog barking in distance .]
What the hell you want? I want to talk to you about james.
Who? The child you're about to take on.
[ scoffs .]
man, get out of here.
Really think you can handle a kid? A baby? Look, I said get out of here.
What are you gonna do? Are you gonna hit me? That'll look great for you in court.
Who is it? Shut up! It's for me! Let's do a little math together, shall we? Diapers -- about $100 a month, not including wipes.
Butts need to be wiped.
Formula -- you figure about $175 a month -- I looked it up -- Not including bottles and nipples or soft food, Which is about $120 a month.
Unless you're not planning on feeding him, In which case, you'll have child services to answer to.
'cause they'll be coming by to check.
Doctors' bills, clothing.
You don't think I care about my son? If you care about your son, You'll do the right thing for him.
I'm his father.
Judge already said so.
You might be his father.
You're not qualified to be his parent.
You better get out of here Before I make you sorry you knocked on this door.
Oh, please, tell me you found something useful.
WellYour only tenae argument Is that you dismissed the case based on facial insufficiency Because the language of the complaint was conclusory, Based on people v.
Dumas.
That sounds pretty good.
What part of the complaint did I have trouble with? This is serious, trudy.
A girl is dead.
I know.
And blake is being charged with murder.
I understand, okay? Just -- just read me the complaint.
"deponent states he observed the defendant "to be in an intoxicated condition "in that the defendant had a flushed face, was combative, And refused to submit to a chemica l-test analysis.
" Not if you focus oh, my god, on what's notmthere.
Er is over.
There's no mention of odor of alcohol, Slurred speech, bloodshot eyes.
Right.
So, a flushed face and combative attitude Are just as consistent with anger as with intoxication.
Which means, under dumas, That there were insufficient no n-conclusory facts To support the allegation.
It's thin.
It's what you got.
An insufent complaint is jurisdictionally defective.
You had no choice.
You were bound to dismiss.
Thank you.
We didn't get the apartment.
W-what? What happened? Ester just called.
Somebody just offered the landlord $200 a month more.
She's lowballing us.
Well, money talks, you know? At least now you don't have to worry about all that space.
I liked that place.
So did I.
So, this source of your income? A software company.
I had good timing on the sale.
Any drug dealing, money laundering, Or other illicit activity? Just computer code and a couple of smart investments.
You have no personal relationship with otis newton.
I was the foreman of his jury.
But you never knew him before you saw him in court.
No.
And you haven't seen him since the judge declared a hung jury? That's right.
So, you never told him That you were risking your money to buy his freedom.
It didn't seem to matter.
I mean, he showed up this morning.
Tell me, mr.
Newton, why did you come back to court today? W-wasn't I supposed to? Yes, as a matter of fact, you were.
Mr.
Zeitlin, are you aware of what happens to your money If mr.
Newton fails to appear? I'll lose it.
I'll survive.
Because you're a wealthy man.
Comfortable, anyway.
Which is why $25,000 is an amount you're willing to risk On someone you've never even talked to? Professor: Actually, bail posted by strangers Is more effective than regular bail.
Based on what, professor? A recent study by the bronx defenders Found that 93% of defendants Made every one of their court appearances, Even though their bail was posted by a charity.
And how does that percentage compare To defendants bailed out by friends or family members? The return rates were higher with a charitable fund.
Any idea why? When someone they don't know pays to get them out of jail, So they come back not only because they want vindication Or because they respect authority, But also out of simple gratitude.
The law puts its faith in real incentives, Not wishful thinking -- in power, not prayer.
It'd be pretty to live in a world Where felons came back to court Out of gratitude or good character.
But in the real world, people come back to court Because if they don't, we take their money.
There isn't a single appellate or controlling case That has upheld a complete stranger posting bail.
That's because criminal defendants have, By definition, placed their own self-interests Above the interests of society.
Bail works by making flight costly.
But when it's posted by a stranger, there is no cost, Particularly when the man who posted it Doesn't seem to mind if he lost the money.
If you want to incentivize mr.
Newton to return to court, At least give mr.
Zeitlin a reason to make sure he does.
The central flaw in the prosecution's argument Is right in front of you.
Otis newton came back, and he sits here As a living, breathing rebuke to mr.
Balco's position.
For once, let's finally say out loud What we all know is true.
Setting bail is not about coming back to court.
It's about keeping the system moving.
The dirty little secret here Is that less than 1% of criminal defendants go to trial.
Without unaffordable bail forcing poor people To choose between staying in jail and fighting their cases Or pleading guilty and going home, Pleas would dry up, and the system would fall apart.
So, yes.
Mr.
Balco's correct.
The entire discussion is about power.
But the truth is, In the face of the science, in the face of the studies, Mr.
Balco isn't afraid that mr.
Newton is going to run.
He's afraid that without bail, he isn't going to plead.
[ door opens .]
You wanted to see me? How you holding up? Judge kessler can defend her decision.
She's ready for whatever they throw at her.
I wasn't asking about her.
I'm fine.
Thanks for asking.
May I Ask what you're thinking of doing on the surety hearing? Why? You have an opinion? I think the only relevant question Is whether a defendant will come back and face the charges.
If all the facts indicate he will, Then bail should be allowed, regardless of who posts it.
Sounds to me like you've been talking to your friends about it.
Y-- they've Spoken of it.
Let me give you the first rule of judging, charlie.
Take nothing from anyone, do nothing for anyone.
I wasn't asking for any personal consideration.
I wasn't accusing you.
You're a good man, charlie.
You're an excellent lawyer, and you will make a fine judge.
I would be honored to have you work for me.
You can be loyal to a fault, charlie.
You've got to be your own person.
Who you choose to work for reflects on who you are.
[ knock on door .]
Yeah? Trudy We need to talk.
Oh, boy.
The last time you said, "we need to talk, " you told me you were gay.
[ chuckles .]
what is it this time? [ sighs .]
What? I have scraped together every shred of law to protect you.
I've put on a good public face.
I will stay until you're in the clear, But when this is done, so am I.
Charlie, I was carried away.
I did something stupid because I thought I was In love.
I'm sorry, okay? I made a mistake, but I am paying for it.
This is not about you.
You are not the victim here.
If it wasn't for your mistake, Lisa weinberg wouldn't go back to ohio in a box.
Why are you trying to hurt me? [ sighs .]
I'm not.
Charlie, look, I know that you're upset.
I am, too.
But don't make a huge life decision In the middle of a crisis.
Just Take some time, some distance.
You'll have a new perspective.
I don't ever want to have that kind of perspective.
[ ringing .]
Hey, this is robert.
Leave me a message, and I'll call you back.
[ beep .]
Hi.
Robert, it's me.
Um, listen, this isn't gonna blow over anytime soon, And I know that you didn't mean for this -- You know, I mean, neither of us did -- But If anyone was to ever find out, there is no way -- No talking, no seeing ever.
I'm really sorry, robert.
You have no idea how sorry I am.
Charlie: Trudy.
Sorry, charlie, I'm late.
[ door opens, closes .]
Judge farnsworth: Mr.
Kellerman has made a compelling case That the traditional view of bail Is contrary to the science And that it's dishonest about the realities of the system.
Surely none of us on the bench could deny That we regularly accept pleas From people who can't afford bail In cases where a richer defendant Would successfully fight.
But Bail is supposed to create incentive.
And whether or not Mr.
Newton sees the bail as a gift to be honored, Mr.
Zeitlin sees it as a pittance.
I accept mr.
Zeitlin as a legitimate suretor And I will allow him to post bail In the amount of $250,000.
Can't blame the man.
He already did more for me than any normal person would.
And he wants to help.
He's just afraid the judge will keep raising the amount.
You know Being back home, even for that one night, Made me realize how much I miss my life.
I got to get out of here, Even if it means going back home to trenchtown.
Talk to the d.
A Please.
Okay.
I'll see what I can do.
It's almost 4:00.
Seven hours of waiting for this asshole to show up So that he can ruin his kid's life.
Ashley, I know it's not in your nature, But could you try to think for a minute before you speak? No, I'm just saying -- it's not helpful.
It's all right, richard.
What if he was seven hours late for daycare? Or seven hours late for a feeding? Or seven hours late for a doctor's appointment? He's not fit to be a parent.
Okay, we're gonna walk up and down the hall for a minute.
She's right -- this is ridiculous.
Let's go make a motion.
My order couldn't have been clearer.
I said that the transfer of the child Was to take place at 9:00 a.
M.
I've been waiting with him since then, your honor.
Your honor, inasmuch as mr.
Cantwell has failed to appear -- I'd like to move that the court reconsider its custody award And terminate mr.
Cantwell's parental rights.
Permanently.
Uh, judge.
The court day is ending, your honor.
This baby needs to go home.
I note for the record That this court's business is otherwise complete.
The petitioner has had ample time To comply with this court's directives, So unless mr.
Cantwell walks through that door Before the court is adjourned, It is my intent to terminate his parental rights Permanently And award custody of the child to ms.
Whitman.
So ordered.
[ laughs .]
[ door opens .]
Mr.
Balco, the judge is out for the day.
Thanks, charlie.
I'm not here for her.
I'm here for you.
What do you need? Judge kessler may survive this.
She may stay on the bench and muddle by doing civil cases.
But you -- you're not a muddler.
This isn't the time or the place.
Your obvious choice Is for you to go be farnsworth's law secretary, But you've done that job.
And being a bleeding-heart public defender Is career suicide and a fast track to burnout.
But you come with me In a few years, you'll be on the fast track -- Judgeship, politics, write your own ticket.
I'm not sure I'm cut out to be an advocate.
You know what the great thing about being a prosecutor is? You have real power.
You decide who to indict and what for.
You decide how much time a case is worth Or whether it's worth any at all.
In my office, you have real discretion.
You get to make justice.
Don't believe your cop, cut the guy a sweetheart deal.
Don't believe in the case Dismiss it.
Is that what happened in the surety hearing today? [ chuckles .]
You have a problem with that? I'm uncomfortable using bail to keep someone in When 11/12 of the jury wants him out.
Fine.
We'll cut the guy loose tonight, Offer him time served in the morning.
Power, charlie -- Power to make justice.
Yeah.
You think about it.
You don't think I listen.
You don't.
You think I keep you on too short a leash, That I don't respect your intelligence, Your ability parse a case.
You're wrong.
You think otis newton is innocent? How about I don't think he's guilty? [ chuckles .]
Precision.
That's what I like about you, marcus.
There's no margin in it for me to make you do a case you don't believe in.
So, you want to make a deal? Go ahead.
Offer him that non-deportable misdemeanor If that's what you really want.
It is.
Really? And don't ever tell me I don't listen to you.
You got the power, marcus.
Use it for good.
Good night, nick.
And, uh, thanks.
What's this? Open.
Commercial real estate? We expanding our practice? UhIn a way.
Dig deeper.
[ chuckles .]
The other guy was offering $200 a month more for rent, right? So I told ester we'd do three hours of free legal work a month For the landlord.
That's it? You know how much a junior associate At a real-estate firm bills? Like $350 an hour easy, so it's a great deal all-around.
You got us the apartment? I did.
I did.
[ chuckles .]
We got a place.
We got a baby.
Hey! Yeah! Congratulations.
Thank you.
Congratulations.
Hey, bud.
Hey, we got a place.
[ laughter .]
Long day.
[ sighs .]
yes, it was.
If you ever need a babysitter OrJust somebody to make dinner Thanks, richard.
I'd love that.
Good.
Just let me know.
[ chuckles .]
I remember these streets, I remember these faces Come on, guys, I'll be fine.
Seriously, don't look at me like that.
She's gonna get through this.
Unless she doesn't get reappointed.
Which does happen.
Let's not hold a wake just yet.
I still don't think she did anything wrong.
Michelle: She released a kid on a d.
W.
I.
Who went out, got drunk, and killed a tourist.
That's tragic, but it's not as if she had a conflict or took a payoff.
You know, she dismissed a defective complaint.
That's what judges are supposed to do, right? Okay, I'm, uh, dry.
Anybody else want? I'm good.
Just the man I wanted to see.
You gloat, you buy.
How about you gloat, I buy? Misdemeanor, time served.
The guy keeps his green card and stays in the country.
Balco's gonna approve that? He listens to me.
Sometimes, anyway.
Thank you.
[ glasses clink .]
Sure you don't want to dismiss? I mean, you know otis is totally innocent.
[ chuckles .]
you do want me around for the next guy, right, brother? Yeah.
But he really is innocent.
[ sighs .]
Come on.
Hungry? [ laughs .]
famished.
Mm.
Bye.
Bye.
Hey.
What's going on? Hey.
How's it going? How you guys doing? Standing next to me take the picture from her lips, I heard her say "can I have you?" caught up in what to say I said, "you do" I said, "you do" I said, "you do"