Diggstown (2019) s03e03 Episode Script
Percy Lincoln
1
[DRAMATIC MUSIC]
ROSELLA: That is the last
time I order Indian food
at a non-Indian spot.
AISHA: Girl, you don't go to a
baseball game to see a touchdown.
MAN 1: Hey, you think you
can stiff the waitress,
walk right out, no consequences?
ROSELLA: How 'bout you
mind your own business?
MAN 2: Not paying your bill is a crime.
- Screw you!
- Watch your mouth, bitch!
- PERCY: Hey, hey!
- Hey.
Back off!
Fellas, let's just go.
Well, look who's here to save the day.
Look, it's late,
it seems like you guys
had a lot to drink,
I think everyone should go home.
Does it also look like you're
talking to three police officers?
Show your badges.
Is that a command?
[DRAMATIC MUSIC]
[MEN GRUNTING]
[WOMEN GASPING]
Oh my God! Stop!
- Oh my God!
- [MEN GRUNTING]
Enough, let's go.
- MAN 3: Boys!
- MAN 2: Show 'em how it's done, Kyle.
MAN 1: Stop resisting.
- MAN 3: Let's go!
- MAN 1: Yeah, not so tough now, huh?
ROSELLA: Stop it, please.
MAN 3: Fellas, let's go!
- ROSELLA: Stop him!
- MAN 3: Boys!
- [PERCY GASPS]
- [WOMAN WAILS]
[DRAMATIC MUSIC]
ROSELLA: [ECHOING]
Why aren't you doing anything?
MAN 3: [ECHOING] Enough!
ROSELLA: [ECHOING] Stop, please!
- MAN 2: [ECHOING] Don't mess with us!
- Oh my God!
MAN 3: Boys!
Enough!
He's had enough!
[FLESH SLASHING]
KYLE: No!
- [KYLE GRUNTING]
- [FLESH SLASHING]
[PERCY GASPING]
PERCY: [BREATHLESS] I'm okay.
It's okay.
It's okay.
MAN 2: No, Kyle!
PERCY: I'm okay.
[DRAMATIC MUSIC]
MAN 2: The ambulance is coming.
[DISTANT SIRENS WAIL]
[TENSE MUSIC]
[SIRENS WAIL]
[SIRENS WAIL]
[PEOPLE CHATTERING]
COLLEEN: At least they
decided to charge him
with manslaughter not murder.
Of course, Colleen. He
acted in self-defence.
- Well
- The two women that he tried to help
will testify to that.
Not everybody's happy HLA is repping
Percy Lincoln, for killing a cop.
Joyce, the acting chair,
calls me every hour on the hour.
MARCIE: And the fact that he's
family doesn't matter to them?
Was. It's not just the board though.
Some of your clients are
asking to be reassigned.
Seriously?
COLLEEN: They think
because you're involved
the prosecutors are dragging their feet.
Well
- That's just paranoia.
- COLLEEN: Maybe.
But if you see an exit ramp on this?
And following the arrival
of Mr. Lincoln on the scene,
- what transpired?
- OFFICER COATES: He got in our faces,
tried to order us around,
and when we didn't
listen to his commands,
he got physical.
- How so?
- Shoving,
mixing around with Kyle, Officer Allen.
When Officer Allen then
tried to subdue him,
Mr. Lincoln stabbed him to death.
ELLERY: How exactly did
you get control of him?
OFFICER COATES: He used a
department approved method
They'll never admit to the chokehold.
She's giving the cops an opportunity
to control the narrative.
- It's smart.
- OFFICER COATES: Hands behind the neck.
Are you familiar with media reports
- that refer to the term "chokehold"?
- Yes.
Did your control method have
the effect of choking anyone?
No, it may seem that
way to the untrained eye,
but we're trained to control
aggressive and violent individuals.
Problem was, that animal had a knife!
MARCIE: Objection!
Objection, Your Honour!
- Order! Order!
- I'm not going to allow Officer Coates
to dehumanize my
client with his remarks.
Bailiff, take these people outside.
- Out of my courtroom.
- Absolutely disgusting!
[CROWD SHOUTING]
JUDGE KERR: Take control
of your witness, Ms. Lopez.
[DRAMATIC MUSIC]
[CAR HORNS HONKING]
- Mr. Thompson!
- Hey!
How are my first years?
Glad to see some of you showed up.
I thought you could use a coffee.
Thanks, Elina.
We're wondering if you
got the judge you wanted.
Judge Blaney?
Well, wouldn't be my first choice.
But, having a buddy on
the bench can backfire.
All of a sudden they're
trying so hard to be impartial,
that they end up treating
you like their worst enemy.
- [LAUGHING]
- [CLEARS THROAT]
Now, remember me? Your client?
I don't think the judge
is gonna be impressed,
if we're late for court.
The client has spoken.
- [LAUGHING]
- Shall we?
Let's, uh, roll this back a
bit, Officer Coates. So
You, Officer Allen and Officer Ross
were out for drinks at Hugo's,
a tavern in Dartmouth.
- Is that correct?
- Yes.
And your evidence is
that you all witnessed
Ms. Wilson and Ms. Ross dine and dash?
That's what it looked like.
MARCIE: You didn't notice that
they left $63.75 on their table?
OFFICER COATES: No, I didn't.
- Did you ask their server?
- OFFICER COATES: No.
We heard Melissa say
two women stiffed her,
so Kyle, Officer Allen, went out,
- and we followed.
- MARCIE: But
Melissa Murphy, the server,
- never asked you to intervene.
- No.
Something's happening, you get involved.
- That's the training.
- Right, the training.
You're also trained to identify yourself
when you approach a
member of the public.
You didn't do that
when you approached Ms. Wilson
and Ms. Brooks, did you?
- Sure we did.
- Did you show my client your badges?
There wasn't any time.
How many drinks did you have that night?
A few. I don't recall.
[DRAMATIC SUSPENSEFUL MUSIC]
This is your receipt,
from Hugo's on the night in question.
And according to your server,
you had eight double vodkas straight.
Wouldn't you agree that
maybe your judgement
was just a bit impaired?
OFFICER COATES: Just
because I ordered the drinks,
doesn't mean they were all for me.
So, no, I don't think my
judgement was impaired.
Did you provide SiRT investigators
- with a blood sample?
- OFFICER COATES: Yes, I did.
.03.
Right, that was based on a blood sample
that was taken at 6:30
am the next morning.
That's plenty of time for you get
the alcohol out of your system, right?
ELLERY: Objection, Your Honour.
Ms. Diggs is floating a police
conspiracy without any basis.
MARCIE: Your Honour, this
is a SiRT investigation,
- and they wait nine hours
- I agree with Ms. Lopez.
I'm not gonna have
you call into question
the integrity of the
entire police department
in my courtroom.
Do you have any further relevant
questions, for the witness?
No, I guess not, Your Honour.
DOUG: I'm at capacity, Colleen.
I can't properly represent my clients
and take on Marcie's files too.
The police are overcharging them
because Marcie's their lawyer.
I don't know what the alternative is.
Tell Marcie to wrap this up.
To make things easier on us?
Come on, I can't do that.
Emily!
Let's catch up on this later, okay?
Just looking for Marcie.
- COLLEEN: Oh, she's got court today.
- Yeah, I figured that out.
COLLEEN: Em, stop.
Are you okay?
Ah, well, still have
headaches, low energy.
At least I'm starting to
get my taste and smell back.
Still only getting supervised
visits with my kids.
Em, I'm so sorry.
If I'd known anything about
asymptomatic carriers back then
I never would have let
my son into our bubble.
I don't know how many
times I can apologize.
I don't have my kids because
of you and this damn virus.
So I got nothing for you.
[CHILLING ELECTRONIC MUSIC]
[MAN SIGHING]
[BANGING]
I'm sorry, Your Honour.
This was working fine before.
Your Honour, perhaps
a recess is in order to
give Mr. Mueller a moment.
JUDGE BLANEY: Have you and Mr. Thompson
attempted a resolution to this matter?
Resolutions proposed by Mr. Mueller
would make it difficult for my client
to pursue employment opportunities.
[ELECTRONIC WHIRRING]
JUDGE BLANEY: Excellent.
Okay, let's get this show on the road.
[DRAMATIC MUSIC]
AVERY: Now it's clear from
this video that the altercation
between your father and the defendant
started before what we see on camera.
Can you tell us what you witnessed?
Dad asked Ben when he
was gonna pay the rent.
He's four months late.
Ben said he didn't have
to pay during COVID
and he told Dad to eff off.
Then Ben pushed him,
Dad fell, he broke his collarbone.
Thank you.
- How tall are you son?
- 6'6".
REGGIE: What are you, about 260?
- 280.
- 280. [WHISTLES]
You're an opposing guy.
- Are you protective of your dad?
- Yessir.
REGGIE: Now isn't it a fact Marlo
that you were enlisted to attend
the meeting with my client to
help your dad persuade Ben
Sangster to pay the rent?
Ah, Dad's old.
People like to try and take advantage.
That's all, Your Honour.
[SUSPENSEFUL BASS MUSIC]
Ms. Wilson, could you
describe for the jury
what happened on the night
of Officer Allen's death?
ROSELLA: Aisha and I
left the restaurant.
Some guys followed us out
and started talking to us.
Then Mr. Lincoln came over
and he was arguing with them.
They started fighting and
he pulled out a knife
and just stabbed the guy.
Did you call for Mr. Lincoln?
Nah, he came over on his own.
[SCOFFS] I was defending her.
MARCIE: Ms. Wilson, your testimony today
is very different from the
statement that you gave
the police on the night in question.
You previously said:
"Thank God Mr. Lincoln
arrived when he did
"'cause I didn't know what
the men were gonna do to us."
Why the discrepancy?
I must've been in shock I guess.
But now I've had more time
to better remember it.
MARCIE: So, three men
that you don't know
approach you at 10:30 at
night in a vacant parking lot
and you didn't feel threatened?
I don't remember.
MARCIE: Were they physical with you?
ROSELLA: I don't know,
a lot was happening.
Look, I told you, he butted in.
Nobody asked him to
play Prince Charming.
[SUSPENSEFUL ELECTRO MUSIC]
Ms. Wilson, has anybody from the HPD
asked you to change your story?
- ELLERY: Objection!
- I'm not a liar.
JUDGE KERR: Ms. Diggs,
I've already asked you
to drop that line of questioning.
MARCIE: Your Honour, I would
like to reserve the right
to continue cross-examining the
witness later on in the trial.
JUDGE KERR: Granted.
The witness may step down.
[DRAMATIC MUSIC]
They got to her.
AVERY: Listen, I was
thinking we could go to Gio
on Friday for dinner.
Ahhhh, mm.
Actually Friday's the
Diggs' family dinner.
Can't wait for my parents to
play tug-o-war with us then.
Okay, well then I
should bring something.
Oh, it's actually, um
It's actually just family.
Dad's just not, um
He's just not ready to invite
you since after Rolanda, um
You don't wanna be part of the whole
Austin and Velma show anyway, trust me.
Well, I hope the Avery-ban
doesn't last forever.
Ah, how's your Hell's Kitchen
case coming along with Reggie?
Oh yeah [CHUCKLES]
It's actually tougher than I
thought, he's playing hardball.
MARCIE: [CHUCKLES] Reggie?
Reggie, Reggie?
Say Reggie one more time.
[BOTH LAUGHING]
MARCIE: Jamal Swan is
up first this morning.
- Can he hurt us?
- Jamal? No.
He likes to clown,
but he's still my boy.
COLLEEN: Tough day in court yesterday.
What's the strategy?
MARCIE: To find out who scared our
witness into perjuring herself.
And convince the jury
I'm telling the truth.
Has the Crown come to you with a deal?
I ain't takin' no deal, Colleen.
These people want me on my knees.
Let them fight for it.
Look, our involvement in your case
is creating issues
for our other clients.
We're being forced to file
subpoenas to get cops to testify.
Plea bargaining has virtually stopped.
This isn't just about you.
This wouldn't be about
protecting the judgeship
you're up for, would it?
[SCOFFS] Wow.
You know your problem, Percy?
You don't know who your friends are.
Reggie, do you have a minute, sir?
Sure.
See how curious my students are?
They want to see the
wheels of justice in motion.
Look, fine.
Here's something you can teach them.
Right now with the aggravated assault
charge, we're going for summary.
Can always decide to go indictable.
Cut the crap. You're
not gonna start over.
Don't force my hand, Reggie.
What's that mean?
What's "indictment"?
Well, if he changes it to indictable
the maximum sentence goes
from six months to ten years.
[SLOW DRAMATIC MUSIC]
Should I take a deal?
[CHUCKLES] He's just playing games.
No, the deal was bad before,
it's gonna be worse now.
Don't worry.
We still got moves.
[SLOW DRAMATIC MUSIC]
I'll be okay.
[PEOPLE CHATTERING]
Darcelle's not gonna stay?
The arena gets me, NOT my family.
OFFICER ROSS: I don't care.
I told you I'm not testifying.
What makes you think you have a choice?
OFFICER ROSS: Whatever.
She doesn't look happy.
Mr. Swan, can you please tell the
court how you know Percy Lincoln.
Yeah, we've known
each other for a while,
run in the same circles.
Just two men trying to
make change in the world.
ELLERY: The same circles as in?
JAMAL: You know, rallies, committees,
stuff like that.
Like say, the Community
Policy Initiative Committee?
Yes. That's one I organized myself.
ELLERY: Could you please
tell us what this is?
JAMAL: That's the committee.
It's almost everybody.
The turnout was great.
Can you please identify
that person right there?
- That's Percy Lincoln.
- And who is that beside him?
That's me, looking fresh.
[ELLERY CHUCKLES]
ELLERY: Just one more.
Who's that, a few people
down from the defendant?
[SUSPENSEFUL MUSIC]
JAMAL: Um, that's uh
ELLERY: I can get the committee registry
to help you if you need it.
[SUSPENSEFUL MUSIC]
That's Kyle Allen.
Officer Kyle Allen, now deceased.
So Officer Kyle Allen and the
defendant knew each other?
They were on the same committee, yes.
ELLERY: Did you witness clashes
between Officer Allen and the defendant?
They disagreed.
How would you characterize
those disagreements?
Well, you know, Percy's
a passionate guy and
sometimes his passion
gets the best of him.
Like it did the night he
murdered Officer Allen?
Objection. Argumentative.
I'm good, Your Honour.
MARCIE: I have no
questions for the witness.
The Crown rests, Your Honour.
The witness is dismissed.
Ms. Diggs, are you ready to commence?
MARCIE: Yes, Your Honour.
The Defence calls our first
witness, Aisha Brooks.
Uh, no response, Your Honour.
[DRAMATIC MUSIC]
Marlo, what's What's going on?
They're arresting me for
breaking and entering.
- They're saying I stole that videotape.
- [THUD]
Can you please call my dad?
Listen, I'm on it, okay? Just stay calm.
Better quit playing around here, Reggie.
REGGIE: Oh, the client
filed a complaint.
It's nothing to do with me.
Ben Sangster is a tenant. He
doesn't own the building
But he owns the camera.
He had it installed at his own expense.
You're walking awfully close
to the line here, Reggie.
REGGIE: Aw come on, you
would have done the same.
You're just mad 'cause I outplayed ya.
No, I'm mad about you playing,
instead of sitting down and discussing
a plea deal for your client.
[CAR ENGINE TURNING OVER]
Is this good for Mr. Sangster?
Well, here's the way it works.
Because we now know that
Marlo had custody of the video,
we may be able to establish
that he tampered with it.
Now the court may find that
in admissible because
It's not an accurate representation
of the events it's supposed to depict.
Excellent.
[UPBEAT MUSIC]
AISHA VOICEMAIL: Hi, it's
Aisha Brooks. Leave a message.
[MARCIE SIGHS]
MARCIE: Officer Ross.
Unless you're delivering
my burrito bowl,
- I got nothing to say to you.
- It'll only take a minute.
You have 'til my food arrives.
Thanks for talking to me.
You can do all the talking.
I don't wanna be anywhere near this.
Is that how you felt that night?
Like you didn't wanna
be anywhere near it?
You know, Percy said that
you stayed mostly uninvolved.
I won't make a good witness.
You know, a man's life is at stake here.
And what about my life?
You put me on that stand,
I won't say what you want.
I I can't.
So then my client just goes to jail?
Another future claimed by the system?
Why is his future more
valuable than mine?
Hmm, answer me that?
You want me to go to
court and tell everyone
what a terrible person
Kyle Allen was? Sure.
And guess what?
Any career aspirations,
any chance of making real
change inside HPD is flushed.
Is my Black life less valuable
because I wear a badge?
No.
It's because in a moment
that required courage,
you displayed a stunning lack.
[TENSE MUSIC]
[PHONE RINGING]
Aisha? Where are you?
REGGIE: Mr. Ricci,
what was your intent
when you took your son,
a semi-pro hockey player,
to visit my client while he
was alone in his restaurant?
Ben hadn't paid his rent.
I wanted to talk to him man-to-man.
You mean man-to-men?
- MR. RICCI: We had an agreement.
- REGGIE: That's right.
Now I have an email here
from April of last year,
which says you'd be happy to give
Mr. Sangster a reprieve on the rent.
- What changed?
- MR. RICCI: Nothing changed.
We followed up by phone
and Ben said he'd repay the
full amount after four months.
Did you record any of these phone calls?
MR. RICCI: Why would I need
to record my phone calls?
Isn't a man's word enough?
REGGIE: Given the lockdowns
and reduced business,
how did you expect your tenant
to come up with the rent?
[DRAMATIC MUSIC]
I've been in this country
for more than forty years,
I have dug ditches,
troweled cement floors,
whatever was necessary to
honour an agreement once made.
You people act like
this is the first time
we've lived through hard times.
In 2008, we were just scraping by.
When we couldn't pay for cleaning
and maintenance on the building,
my son did it for free.
REGGIE: Ah yes, the maintenance.
There was an electrical problem
in the restaurant dining room
that went unfixed for four weeks.
MR. RICCI: [SCOFFS] Without
the income from the rent,
I I couldn't pay an electrician.
Now every week I'm
getting calls from the bank
because I can't pay my
mortgage because of your client.
REGGIE: So you and your son decided
to strong arm Ben for the rent?
MR. RICCI: No. No!
[SUSPENSEFUL MUSIC]
I expected him to be a man of his word.
[SUSPENSEFUL MUSIC]
Thank you, Mr. Ricci.
[REGGIE GRUNTS]
[SUSPENSEFUL MUSIC]
REGGIE: He put on a good show.
Don't worry, you'll get your turn.
AISHA: I'm sorry but I can't testify.
But Aisha we talked about this.
Without you corroborating
Percy's side of the story,
he goes to prison.
I can't risk losing my kid.
Losing your ?
I'm sorry, what are you talking about?
Rosella told me what they did.
I don't even have a record,
but they're the cops!
They can do what they want,
the truth doesn't matter.
Aisha, you need to tell me right now:
what exactly did they say to Rosella,
and who exactly said it?
[INTENSE DRAMATIC MUSIC]
MARCIE: I'd like to recall
Rosella Wilson to the stand.
Ms. Wilson, do you
have a criminal record?
- Objection, relevance?
- JUDGE KERR: Overruled.
The witness will answer.
MARCIE: Rosella,
you will not be in trouble
for having a criminal record.
But you will be in trouble
if you do not tell the truth here today.
[SUSPENSEFUL MUSIC]
I pled guilty to theft when I was 17.
MARCIE: And did anyone approach you,
and try to use this information
to get you to change your testimony?
The other officer from that night.
MARCIE: Officer Coates or Officer Ross?
Officer Coates.
I work at a bank.
He told me it would be a shame
if my work found out
about my criminal record.
Listen, I really need this job.
My dad can't work
anymore and my mom's sick.
MARCIE: In light of this,
would you like to change
your earlier testimony?
[SUSPENSEFUL MUSIC]
We didn't dine and dash.
The waitress billed us extra by mistake,
so we dropped what we owed and left.
Those guys were chirping
us way before that.
MARCIE: And they were
verbally harassing you how?
ROSELLA: Complaining
that we laughed too loud,
that we were on our phones too much.
Then they followed us outside,
started insulting us,
getting in our faces.
One guy started yanking me around.
Then Mr. Lincoln showed up
and he tried to calm everyone down.
He was trying to help.
MARCIE: Thank you, Rosella.
No further questions.
ELLERY: Ms. Wilson,
what statement of yours do you
think the court should consider?
What I just said.
ELLERY: What you just said,
or what you said yesterday,
or what you said five months ago?
- I can't keep your lies straight.
- Objection. Badgering.
Is there a question, Ms. Lopez?
Did you know that Officer Allen
and Mr. Lincoln knew each other?
- ROSELLA: No, I just
- ELLERY: Did Officer Allen
say anything to the defendant
that would suggest they
had a prior relationship?
He said something like,
"Look who's here to save the day."
And what did that mean
to you at the time?
I didn't think about it.
ELLERY: I want you to
think about it now.
I guess they knew each other.
[DRAMATIC SUSPENSEFUL MUSIC]
I'm good, Your Honour.
[DRAMATIC SUSPENSEFUL MUSIC]
Ms. Diggs, can we chat for a second?
About the witness
intimidation of Rosella Wilson?
- Happy to.
- Hardly.
I'm actually here to offer you a bone.
Twelve to fourteen. He's out in eight.
Ellery, do you know who my client is?
Percy Lincoln's not gonna accept a deal,
especially in a case where
a cop is trying to kill him.
That's his story.
MARCIE: I think you underestimate
where the jury's sympathy lies.
ELLERY: Or maybe you are.
Not everyone resides in the same
echo chamber as Percy Lincoln.
Most people are like Judge Kerr and I,
we respect the police
and are tired of hearing
him demonize them.
MARCIE: Yeah, well,
if both my parents were
cops I'd feel the same way.
Talk to your client.
Let me know.
COLLEEN: Don't tell me your office
doesn't have an issue with Marcie.
Every single one of her
files that I've reassigned
has made movement towards resolution.
Personality conflicts happen, Colleen.
[LAUGHING] Really, Martin?
Well, it's a hell of
a lot more plausible
than that "Plot Against Marcie
Diggs" theory that you're floating.
Look, I'm asking you to right the ship.
Okay, this is about
the clients not Marcie.
I'll speak to the lawyers.
Ms. Diggs' defence of
Percy Lincoln is a factor
in the way they're handling
cases, I'll deal with it.
And that's all I ask.
What are these people
gonna do without you
if you get that judgeship?
Well, they'll figure it out.
Uh huh.
PERCY: So, what's good, Marcie Diggs?
I received an offer.
Fulfill your duty.
- It's twelve to fourteen, out in eight.
- Wow!
They really think they got me, huh?
Hey, you're gonna have to earn it.
You understand me?
You're gonna have to earn it!
- JUDGE KERR: Is there an issue?
- No, Your Honour.
JUDGE KERR: Are you ready to proceed?
[SOFT DRAMATIC MUSIC]
Your Honour,
given the lateness of the day,
the Defence requests a
recess until tomorrow morning.
JUDGE KERR: Request granted.
We'll come back tomorrow, 10:00 AM.
- We're adjourned for the day.
- BAILIFF: All rise.
Really appreciate you taking
the time to come see me today.
DARCELLE: Of course.
Is this about me helping you
convince Percy to be reasonable?
[LAUGHING] I guess Percy wouldn't be
with a "beat around the bush" type.
I wanna talk about Percy and this trial.
What happens if he's found guilty?
I mean, have you two
discussed the possibility
of him taking a plea?
DARCELLE: I understand you're
concerned about this place,
but we all knew this day would come
when there would be
some false allegation,
some made up charge.
But Percy and I came
in from the streets,
we don't run from a fight.
And if your kids lose their father?
You say that like he's
being left at a Walmart.
Here's the thing.
If Percy's found guilty,
it'll bring him back to reality.
This playing with trying
to change the system
from the inside out,
I warned him it would never work.
It would make him soft.
Now, here we are.
[STAMMERING] I don't understand.
I mean, do you want him to go to jail?
No, not at all.
But we don't white flag shit.
We never have, so.
[DOOR BUZZER HUMMING]
[MARCIE SIGHS]
PERCY: Are you for real?
I educated her.
Don't blame her for trying.
I'm just gonna be a minute.
It's okay. I drove.
- I'll see you at home.
- Okay.
That's not right,
Colleen. That's not right.
- MARCIE: What were you thinking?
- COLLEEN: What was I thinking?
She was thinking that this guy's case
is putting a strain on the rest of us.
With respect, Doug,
this is not about you.
Not about me?
I've had five or six of
your cases dropped on me
'cause no one at the Crown
wants to deal with you
- while you're representing him.
- Oh, so the moment
a client becomes unpopular
we just drop them, is that it?
No, that's not what
Doug is saying at all.
That's not what I'm saying.
The Crown offered you a deal
and you dismissed it out of hand.
No, I discussed it with my client
and we rejected the offer.
I mean, if I'm going
to jail for eight years,
I might as well see this
thing through to the end.
COLLEEN: What is the
exit ramp on this, Percy?
PERCY: The Supreme Court
of Canada is the exit ramp.
COLLEEN: [LAUGHING] Wow.
It's always about the show with you!
Is this justice, Colleen?
What's happening to me?
Is this "just" to you?
Me being prosecuted like this.
For what?
'Cause I chose to be a good guy,
they get to take my freedom? No dear!
COLLEEN: We should've never
gotten involved in this.
This was a mistake.
Well, I hereby release you.
Halifax Legal Aid no longer bears
the responsibility of my defence.
MARCIE: Wait, what
are you talking about?
I'm your lawyer.
Thank you, Marcie.
For everything.
[DRAMATIC MUSIC]
MARCIE: Really?
[DRAMATIC MUSIC]
♪
I'm sorry,
- but this had to end.
- Yeah, me too.
What are you doing?
Uh, I quit.
[DRAMATIC MUSIC]
I'm done.
PERCY: I talked to Darcelle.
My daughters are ten.
I can't go to prison for eight years.
I'm gonna see if there's
any room in her offer.
Percy, we
we can still win this thing.
I can see why you wanna take the risk,
but it's my neck in the noose.
Go back to Legal Aid,
keep doing the good work you do.
[SLOW DRAMATIC MUSIC]
What happened to the fight?
I'm reading "Children of Blood and Bone"
with my daughters.
We've got about 100 pages
left and I'm a slow reader.
The possibility of leaving,
of everything that
would be left unfinished,
the cost of that fight got real tonight.
You came to the defence
of two Black women.
You wanna let them take your
life for that? It's your call.
But I am here.
I'm in this.
[SOMBRE MUSIC]
PERCY: My sisters looked
like they needed help.
I'm always gonna protect Black women,
so that's what I did.
Next thing I know, Officer
Allen's got me in a chokehold.
I started to lose my vision.
All of the shouting,
even my own voice,
it all seemed far away.
I couldn't breathe.
I couldn't breathe.
This was it for me, I thought.
I'm gonna die like this.
This is the moment I
die at the hands of a cop
for doing nothing other
than the right thing.
What made you wanna fight back?
I didn't wanna be
another face for a mural
or a posthumous "Vanity Fair" cover.
I have a wife and daughters
and I remembered they
were sleeping when I left
and I didn't tell them I love them.
I needed to get home
so I could tell them just that.
And I heard the box cutter
in my pocket scraping
against the pavement.
[SCRAPING ECHOES]
And I grabbed it.
And I just kept stabbing Officer Allen
until he stopped choking me.
[FLESH SLASHING ECHOES]
I didn't know how many times that was.
And when he finally let you go?
I wanted to get home to my family.
Tell my daughters I love them.
That I was okay.
That I was gonna live.
Thank you, Percy.
ELLERY: Mr. Lincoln,
you didn't like Officer
Allen all that much, did you?
No, I did not.
ELLERY: So when you saw the opportunity
to get into it with him,
- you took it?
- Look, I had no idea who he was.
ELLERY: No?
How many months did you serve
on the Community Policy
Initiative Committee?
Six months maybe.
It was a while ago.
ELLERY: You worked in close
quarters with Officer Allen
for six months and you
expect this court to believe
- that you didn't recognize him?
- Look,
there were eighteen
people on that committee
and I'm on a ton of committees.
In fact,
I was part of the "Know
Your Rights Committee"
at Dalhousie a few years back.
Does one of its members,
an Ellery Lopez, remember me?
You can ask me that question when
I'm the one on trial for murder.
[SPECTATORS CHATTER]
REGGIE: So even when your
restaurant's running at full capacity,
your profit margins
are only three to 5%?
BEN: Yeah, that's right.
Fast food restaurants have
a profit margin of six to 9%
but with a high-end restaurant
like mine, it's lower.
With lockdowns and distancing measures,
it's basically zero.
That's why I was unable to pay the rent.
Unable to pay the rent.
BEN: Right, which is, um, uh, $6,900.
It's one of the highest
per square foot in Halifax.
REGGIE: Thank you, Mr. Sangster.
Mr. Sangster,
you took full advantage
of government subsidies
during COVID, correct?
Yeah, it helped me
keep some of my staff on
- and buy some supplies for takeout.
- And you also spent
$4,499.99 on Ruffoni Opus
Cupra Hand Hammered copper pans,
- is that correct?
- That was for a TV show appearance.
AVERY: For which you also spent $1,000
on hair, makeup and wardrobe.
BEN: It was for a dinner that
I cooked at a homeless shelter.
I donated my time while the
restaurant was shut down.
Mr. Sangster,
correct me if I'm wrong,
you got every government subsidy going.
You splurged on equipment,
on hair and makeup supplies,
and in all that time you
didn't pay one cent in rent.
How was I paying? I was shut down.
AVERY: And when your
landlord came to talk to you
about paying that rent,
- you attacked him.
- No,
- that's
- You put your hands on this 70-year-old man.
You grabbed him by the
collar and you shoved him.
Isn't that right, Mr. Sangster?
[INTENSE MUSIC]
I've known you for ten years, man.
If you were in trouble,
why didn't you tell me?
You didn't have to be such a hard-ass.
AVERY: No further
questions, Your Honour.
[SOFT DRAMATIC MUSIC]
[AVERY SIGHS]
ELLERY: My mother always says,
"Wearing a badge is like
having a heartbeat."
Which is to say, that your
timesheet doesn't dictate your duty.
MARCIE: Here are the facts
that we can all agree on.
Percy Lincoln was out
shopping late at night
and saw two women being
harassed by three men.
ELLERY: Even though these
officers were off-duty,
they saw a crime in progress
and decided to intervene.
MARCIE: One of the men
had his hands on a woman,
roughing her up.
ELLERY: Percy Lincoln inserted
himself into the situation.
Imagine that was you.
Would you make the easier
decision and just shrug it off?
A man coming to the defence of a woman.
MARCIE: Or would you
make the harder choice?
ELLERY: Who can't get behind that?
Percy Lincoln made that hard choice.
But here is where it gets tricky.
MARCIE: Turning a blind
eye to bad things happening
It has little to do with his
desire to be a good Samaritan.
Only ensures that they
will continue to happen.
And a lot more to do with
his hatred of our police.
He put himself in a
life or death situation.
ELLERY: The officers
declared themselves.
MARCIE: If someone was
choking the life out of you
So why did the defendant insist
on his continued involvement?
Wouldn't you do anything to survive?
Percy Lincoln killed Officer Kyle Allen.
MARCIE: Wouldn't you grab a rock,
or a stick, or a box cutter?
It's our job to make
sure that Mr. Lincoln
is held accountable for his actions.
MARCIE: Wouldn't you do anything
to stay alive?
[SUSPENSEFUL ORCHESTRAL MUSIC]
♪
Avery, hold up.
Well, misplaced your entourage?
[CHUCKLES] No, it's just me.
I'm wondering if you're
in the mood to negotiate.
Oh, really?
No, seriously. You-you were right.
Let's try and resolve this thing.
And what makes you think
the offer is still good?
Your client basically admitted
guilt in there just now.
So you wanna punish me by
screwing over my client?
[QUIRKY PLAYFUL MUSIC]
Screw it.
I got a little caught up myself.
Just bring your client by tomorrow.
Oh, uh, by the way,
you know, it's too bad
your students aren't here
to show them what it's like
when a lawyer has to eat crow.
No way.
I sent them home so I
could grovel in private.
[LAUGHING] You're something else, Reg.
See you tomorrow.
Thanks, Avery.
[PHONE RINGING]
- DOUG: Marcie, I
- MARCIE: Don't worry about it.
You and Colleen were right.
And I don't wanna have to decide
how much I give to my client
because there are a hundred
people waiting behind them.
People deserve better.
Especially the ones we work for.
I can't believe this is happening.
I know, friend.
[SOMBRE MUSIC]
I'll see you soon, okay?
You got it.
[SOMBRE MUSIC]
[UPBEAT HIP HOP MUSIC]
[CHEERFUL DOO WOP MUSIC]
EMILY: Marijuana smoking reggae singer.
- Bob Marley?
- Yes! Okay.
- I don't know who the hell this is.
- No cheating!
What? I had COVID.
I mean,
[SUCKS TEETH] fine.
Who put this in here?
Female Black singer.
- Whitney Houston?
- No. Thick.
- Aretha?
- "Dreamgirls."
- Beyonce?
- No.
Time.
Damn it. Mom, I know that was yours.
Austin, it's your turn.
I don't need another ♪
Played George Jefferson.
Sherman Hemsley.
AUSTIN: Mm hmm.
Yeah baby I did ♪
Jazz musician, Black, guitarist.
And drove a new car ♪
[AUSTIN SNAPPING]
"Give me the Night", "Breezin'",
"Turn Your Love Around"?
It's on the tip of my tongue.
- Benson?
- That's the last name. What's the first?
Jeffrey?
- No.
- Time! You're done.
How can you not know George Benson?
- It's just a game, Austin.
- [LAUGHING]
We played "Turn Your Love
Around" at our wedding.
That and a hundred other records!
- Can we just play the game?
- Whatever you want.
That seems to be the order of the day.
[TENSE MUSIC]
♪
Mom!
Dad!
I've lived through my mess,
my kids lived through it.
I'm not interested in
a second time around.
Go figure out your stuff
'cause I-I-I can't
have this around me.
[SOLEMN MUSIC]
FOREPERSON: I'm truly
sorry, Your Honour.
It's been five days
and I don't think we can
come to an agreement.
We're worn out.
JUDGE KERR: And you are of the decision
that you are hopelessly deadlocked?
Yes.
Due to a hung jury,
I must declare a mistrial.
The defendant will be notified
when a new trial date is set.
Thank you, Marcie.
- You gonna be okay?
- [CHUCKLES] They've neutralized me,
but I get to finish that book.
- [GAVEL SLAMMING]
- BAILIFF: All rise.
[UPLIFTING TECHNO MUSIC]
[PEOPLE CHATTER]
[UPLIFTING TECHNO MUSIC]
Baby.
[UPLIFTING TECHNO MUSIC]
ELLERY: Congratulations, Marcie.
I just wanted to let you know
that I recommended to my boss
nothing further happens on this file.
Good.
You're not a bad dance partner.
I hope we get to do this again sometime.
I think that you
should fly and be free ♪
Take a horse and
just ride with me ♪
She did it again!
Crushed 'em without so
much as even a scratch.
Oh, trust me, I have scratches,
- you just can't see 'em.
- Mm, okay.
I see a scratch here.
I see another scratch there.
[BOTH LAUGHING]
You know I gotta ask.
To the newly unemployed
Marcie Diggs, Attorney-at-law.
What's next?
I'll meet you by the ocean ♪
I have some ideas.
By the ocean ♪
[DRAMATIC MUSIC]
ROSELLA: That is the last
time I order Indian food
at a non-Indian spot.
AISHA: Girl, you don't go to a
baseball game to see a touchdown.
MAN 1: Hey, you think you
can stiff the waitress,
walk right out, no consequences?
ROSELLA: How 'bout you
mind your own business?
MAN 2: Not paying your bill is a crime.
- Screw you!
- Watch your mouth, bitch!
- PERCY: Hey, hey!
- Hey.
Back off!
Fellas, let's just go.
Well, look who's here to save the day.
Look, it's late,
it seems like you guys
had a lot to drink,
I think everyone should go home.
Does it also look like you're
talking to three police officers?
Show your badges.
Is that a command?
[DRAMATIC MUSIC]
[MEN GRUNTING]
[WOMEN GASPING]
Oh my God! Stop!
- Oh my God!
- [MEN GRUNTING]
Enough, let's go.
- MAN 3: Boys!
- MAN 2: Show 'em how it's done, Kyle.
MAN 1: Stop resisting.
- MAN 3: Let's go!
- MAN 1: Yeah, not so tough now, huh?
ROSELLA: Stop it, please.
MAN 3: Fellas, let's go!
- ROSELLA: Stop him!
- MAN 3: Boys!
- [PERCY GASPS]
- [WOMAN WAILS]
[DRAMATIC MUSIC]
ROSELLA: [ECHOING]
Why aren't you doing anything?
MAN 3: [ECHOING] Enough!
ROSELLA: [ECHOING] Stop, please!
- MAN 2: [ECHOING] Don't mess with us!
- Oh my God!
MAN 3: Boys!
Enough!
He's had enough!
[FLESH SLASHING]
KYLE: No!
- [KYLE GRUNTING]
- [FLESH SLASHING]
[PERCY GASPING]
PERCY: [BREATHLESS] I'm okay.
It's okay.
It's okay.
MAN 2: No, Kyle!
PERCY: I'm okay.
[DRAMATIC MUSIC]
MAN 2: The ambulance is coming.
[DISTANT SIRENS WAIL]
[TENSE MUSIC]
[SIRENS WAIL]
[SIRENS WAIL]
[PEOPLE CHATTERING]
COLLEEN: At least they
decided to charge him
with manslaughter not murder.
Of course, Colleen. He
acted in self-defence.
- Well
- The two women that he tried to help
will testify to that.
Not everybody's happy HLA is repping
Percy Lincoln, for killing a cop.
Joyce, the acting chair,
calls me every hour on the hour.
MARCIE: And the fact that he's
family doesn't matter to them?
Was. It's not just the board though.
Some of your clients are
asking to be reassigned.
Seriously?
COLLEEN: They think
because you're involved
the prosecutors are dragging their feet.
Well
- That's just paranoia.
- COLLEEN: Maybe.
But if you see an exit ramp on this?
And following the arrival
of Mr. Lincoln on the scene,
- what transpired?
- OFFICER COATES: He got in our faces,
tried to order us around,
and when we didn't
listen to his commands,
he got physical.
- How so?
- Shoving,
mixing around with Kyle, Officer Allen.
When Officer Allen then
tried to subdue him,
Mr. Lincoln stabbed him to death.
ELLERY: How exactly did
you get control of him?
OFFICER COATES: He used a
department approved method
They'll never admit to the chokehold.
She's giving the cops an opportunity
to control the narrative.
- It's smart.
- OFFICER COATES: Hands behind the neck.
Are you familiar with media reports
- that refer to the term "chokehold"?
- Yes.
Did your control method have
the effect of choking anyone?
No, it may seem that
way to the untrained eye,
but we're trained to control
aggressive and violent individuals.
Problem was, that animal had a knife!
MARCIE: Objection!
Objection, Your Honour!
- Order! Order!
- I'm not going to allow Officer Coates
to dehumanize my
client with his remarks.
Bailiff, take these people outside.
- Out of my courtroom.
- Absolutely disgusting!
[CROWD SHOUTING]
JUDGE KERR: Take control
of your witness, Ms. Lopez.
[DRAMATIC MUSIC]
[CAR HORNS HONKING]
- Mr. Thompson!
- Hey!
How are my first years?
Glad to see some of you showed up.
I thought you could use a coffee.
Thanks, Elina.
We're wondering if you
got the judge you wanted.
Judge Blaney?
Well, wouldn't be my first choice.
But, having a buddy on
the bench can backfire.
All of a sudden they're
trying so hard to be impartial,
that they end up treating
you like their worst enemy.
- [LAUGHING]
- [CLEARS THROAT]
Now, remember me? Your client?
I don't think the judge
is gonna be impressed,
if we're late for court.
The client has spoken.
- [LAUGHING]
- Shall we?
Let's, uh, roll this back a
bit, Officer Coates. So
You, Officer Allen and Officer Ross
were out for drinks at Hugo's,
a tavern in Dartmouth.
- Is that correct?
- Yes.
And your evidence is
that you all witnessed
Ms. Wilson and Ms. Ross dine and dash?
That's what it looked like.
MARCIE: You didn't notice that
they left $63.75 on their table?
OFFICER COATES: No, I didn't.
- Did you ask their server?
- OFFICER COATES: No.
We heard Melissa say
two women stiffed her,
so Kyle, Officer Allen, went out,
- and we followed.
- MARCIE: But
Melissa Murphy, the server,
- never asked you to intervene.
- No.
Something's happening, you get involved.
- That's the training.
- Right, the training.
You're also trained to identify yourself
when you approach a
member of the public.
You didn't do that
when you approached Ms. Wilson
and Ms. Brooks, did you?
- Sure we did.
- Did you show my client your badges?
There wasn't any time.
How many drinks did you have that night?
A few. I don't recall.
[DRAMATIC SUSPENSEFUL MUSIC]
This is your receipt,
from Hugo's on the night in question.
And according to your server,
you had eight double vodkas straight.
Wouldn't you agree that
maybe your judgement
was just a bit impaired?
OFFICER COATES: Just
because I ordered the drinks,
doesn't mean they were all for me.
So, no, I don't think my
judgement was impaired.
Did you provide SiRT investigators
- with a blood sample?
- OFFICER COATES: Yes, I did.
.03.
Right, that was based on a blood sample
that was taken at 6:30
am the next morning.
That's plenty of time for you get
the alcohol out of your system, right?
ELLERY: Objection, Your Honour.
Ms. Diggs is floating a police
conspiracy without any basis.
MARCIE: Your Honour, this
is a SiRT investigation,
- and they wait nine hours
- I agree with Ms. Lopez.
I'm not gonna have
you call into question
the integrity of the
entire police department
in my courtroom.
Do you have any further relevant
questions, for the witness?
No, I guess not, Your Honour.
DOUG: I'm at capacity, Colleen.
I can't properly represent my clients
and take on Marcie's files too.
The police are overcharging them
because Marcie's their lawyer.
I don't know what the alternative is.
Tell Marcie to wrap this up.
To make things easier on us?
Come on, I can't do that.
Emily!
Let's catch up on this later, okay?
Just looking for Marcie.
- COLLEEN: Oh, she's got court today.
- Yeah, I figured that out.
COLLEEN: Em, stop.
Are you okay?
Ah, well, still have
headaches, low energy.
At least I'm starting to
get my taste and smell back.
Still only getting supervised
visits with my kids.
Em, I'm so sorry.
If I'd known anything about
asymptomatic carriers back then
I never would have let
my son into our bubble.
I don't know how many
times I can apologize.
I don't have my kids because
of you and this damn virus.
So I got nothing for you.
[CHILLING ELECTRONIC MUSIC]
[MAN SIGHING]
[BANGING]
I'm sorry, Your Honour.
This was working fine before.
Your Honour, perhaps
a recess is in order to
give Mr. Mueller a moment.
JUDGE BLANEY: Have you and Mr. Thompson
attempted a resolution to this matter?
Resolutions proposed by Mr. Mueller
would make it difficult for my client
to pursue employment opportunities.
[ELECTRONIC WHIRRING]
JUDGE BLANEY: Excellent.
Okay, let's get this show on the road.
[DRAMATIC MUSIC]
AVERY: Now it's clear from
this video that the altercation
between your father and the defendant
started before what we see on camera.
Can you tell us what you witnessed?
Dad asked Ben when he
was gonna pay the rent.
He's four months late.
Ben said he didn't have
to pay during COVID
and he told Dad to eff off.
Then Ben pushed him,
Dad fell, he broke his collarbone.
Thank you.
- How tall are you son?
- 6'6".
REGGIE: What are you, about 260?
- 280.
- 280. [WHISTLES]
You're an opposing guy.
- Are you protective of your dad?
- Yessir.
REGGIE: Now isn't it a fact Marlo
that you were enlisted to attend
the meeting with my client to
help your dad persuade Ben
Sangster to pay the rent?
Ah, Dad's old.
People like to try and take advantage.
That's all, Your Honour.
[SUSPENSEFUL BASS MUSIC]
Ms. Wilson, could you
describe for the jury
what happened on the night
of Officer Allen's death?
ROSELLA: Aisha and I
left the restaurant.
Some guys followed us out
and started talking to us.
Then Mr. Lincoln came over
and he was arguing with them.
They started fighting and
he pulled out a knife
and just stabbed the guy.
Did you call for Mr. Lincoln?
Nah, he came over on his own.
[SCOFFS] I was defending her.
MARCIE: Ms. Wilson, your testimony today
is very different from the
statement that you gave
the police on the night in question.
You previously said:
"Thank God Mr. Lincoln
arrived when he did
"'cause I didn't know what
the men were gonna do to us."
Why the discrepancy?
I must've been in shock I guess.
But now I've had more time
to better remember it.
MARCIE: So, three men
that you don't know
approach you at 10:30 at
night in a vacant parking lot
and you didn't feel threatened?
I don't remember.
MARCIE: Were they physical with you?
ROSELLA: I don't know,
a lot was happening.
Look, I told you, he butted in.
Nobody asked him to
play Prince Charming.
[SUSPENSEFUL ELECTRO MUSIC]
Ms. Wilson, has anybody from the HPD
asked you to change your story?
- ELLERY: Objection!
- I'm not a liar.
JUDGE KERR: Ms. Diggs,
I've already asked you
to drop that line of questioning.
MARCIE: Your Honour, I would
like to reserve the right
to continue cross-examining the
witness later on in the trial.
JUDGE KERR: Granted.
The witness may step down.
[DRAMATIC MUSIC]
They got to her.
AVERY: Listen, I was
thinking we could go to Gio
on Friday for dinner.
Ahhhh, mm.
Actually Friday's the
Diggs' family dinner.
Can't wait for my parents to
play tug-o-war with us then.
Okay, well then I
should bring something.
Oh, it's actually, um
It's actually just family.
Dad's just not, um
He's just not ready to invite
you since after Rolanda, um
You don't wanna be part of the whole
Austin and Velma show anyway, trust me.
Well, I hope the Avery-ban
doesn't last forever.
Ah, how's your Hell's Kitchen
case coming along with Reggie?
Oh yeah [CHUCKLES]
It's actually tougher than I
thought, he's playing hardball.
MARCIE: [CHUCKLES] Reggie?
Reggie, Reggie?
Say Reggie one more time.
[BOTH LAUGHING]
MARCIE: Jamal Swan is
up first this morning.
- Can he hurt us?
- Jamal? No.
He likes to clown,
but he's still my boy.
COLLEEN: Tough day in court yesterday.
What's the strategy?
MARCIE: To find out who scared our
witness into perjuring herself.
And convince the jury
I'm telling the truth.
Has the Crown come to you with a deal?
I ain't takin' no deal, Colleen.
These people want me on my knees.
Let them fight for it.
Look, our involvement in your case
is creating issues
for our other clients.
We're being forced to file
subpoenas to get cops to testify.
Plea bargaining has virtually stopped.
This isn't just about you.
This wouldn't be about
protecting the judgeship
you're up for, would it?
[SCOFFS] Wow.
You know your problem, Percy?
You don't know who your friends are.
Reggie, do you have a minute, sir?
Sure.
See how curious my students are?
They want to see the
wheels of justice in motion.
Look, fine.
Here's something you can teach them.
Right now with the aggravated assault
charge, we're going for summary.
Can always decide to go indictable.
Cut the crap. You're
not gonna start over.
Don't force my hand, Reggie.
What's that mean?
What's "indictment"?
Well, if he changes it to indictable
the maximum sentence goes
from six months to ten years.
[SLOW DRAMATIC MUSIC]
Should I take a deal?
[CHUCKLES] He's just playing games.
No, the deal was bad before,
it's gonna be worse now.
Don't worry.
We still got moves.
[SLOW DRAMATIC MUSIC]
I'll be okay.
[PEOPLE CHATTERING]
Darcelle's not gonna stay?
The arena gets me, NOT my family.
OFFICER ROSS: I don't care.
I told you I'm not testifying.
What makes you think you have a choice?
OFFICER ROSS: Whatever.
She doesn't look happy.
Mr. Swan, can you please tell the
court how you know Percy Lincoln.
Yeah, we've known
each other for a while,
run in the same circles.
Just two men trying to
make change in the world.
ELLERY: The same circles as in?
JAMAL: You know, rallies, committees,
stuff like that.
Like say, the Community
Policy Initiative Committee?
Yes. That's one I organized myself.
ELLERY: Could you please
tell us what this is?
JAMAL: That's the committee.
It's almost everybody.
The turnout was great.
Can you please identify
that person right there?
- That's Percy Lincoln.
- And who is that beside him?
That's me, looking fresh.
[ELLERY CHUCKLES]
ELLERY: Just one more.
Who's that, a few people
down from the defendant?
[SUSPENSEFUL MUSIC]
JAMAL: Um, that's uh
ELLERY: I can get the committee registry
to help you if you need it.
[SUSPENSEFUL MUSIC]
That's Kyle Allen.
Officer Kyle Allen, now deceased.
So Officer Kyle Allen and the
defendant knew each other?
They were on the same committee, yes.
ELLERY: Did you witness clashes
between Officer Allen and the defendant?
They disagreed.
How would you characterize
those disagreements?
Well, you know, Percy's
a passionate guy and
sometimes his passion
gets the best of him.
Like it did the night he
murdered Officer Allen?
Objection. Argumentative.
I'm good, Your Honour.
MARCIE: I have no
questions for the witness.
The Crown rests, Your Honour.
The witness is dismissed.
Ms. Diggs, are you ready to commence?
MARCIE: Yes, Your Honour.
The Defence calls our first
witness, Aisha Brooks.
Uh, no response, Your Honour.
[DRAMATIC MUSIC]
Marlo, what's What's going on?
They're arresting me for
breaking and entering.
- They're saying I stole that videotape.
- [THUD]
Can you please call my dad?
Listen, I'm on it, okay? Just stay calm.
Better quit playing around here, Reggie.
REGGIE: Oh, the client
filed a complaint.
It's nothing to do with me.
Ben Sangster is a tenant. He
doesn't own the building
But he owns the camera.
He had it installed at his own expense.
You're walking awfully close
to the line here, Reggie.
REGGIE: Aw come on, you
would have done the same.
You're just mad 'cause I outplayed ya.
No, I'm mad about you playing,
instead of sitting down and discussing
a plea deal for your client.
[CAR ENGINE TURNING OVER]
Is this good for Mr. Sangster?
Well, here's the way it works.
Because we now know that
Marlo had custody of the video,
we may be able to establish
that he tampered with it.
Now the court may find that
in admissible because
It's not an accurate representation
of the events it's supposed to depict.
Excellent.
[UPBEAT MUSIC]
AISHA VOICEMAIL: Hi, it's
Aisha Brooks. Leave a message.
[MARCIE SIGHS]
MARCIE: Officer Ross.
Unless you're delivering
my burrito bowl,
- I got nothing to say to you.
- It'll only take a minute.
You have 'til my food arrives.
Thanks for talking to me.
You can do all the talking.
I don't wanna be anywhere near this.
Is that how you felt that night?
Like you didn't wanna
be anywhere near it?
You know, Percy said that
you stayed mostly uninvolved.
I won't make a good witness.
You know, a man's life is at stake here.
And what about my life?
You put me on that stand,
I won't say what you want.
I I can't.
So then my client just goes to jail?
Another future claimed by the system?
Why is his future more
valuable than mine?
Hmm, answer me that?
You want me to go to
court and tell everyone
what a terrible person
Kyle Allen was? Sure.
And guess what?
Any career aspirations,
any chance of making real
change inside HPD is flushed.
Is my Black life less valuable
because I wear a badge?
No.
It's because in a moment
that required courage,
you displayed a stunning lack.
[TENSE MUSIC]
[PHONE RINGING]
Aisha? Where are you?
REGGIE: Mr. Ricci,
what was your intent
when you took your son,
a semi-pro hockey player,
to visit my client while he
was alone in his restaurant?
Ben hadn't paid his rent.
I wanted to talk to him man-to-man.
You mean man-to-men?
- MR. RICCI: We had an agreement.
- REGGIE: That's right.
Now I have an email here
from April of last year,
which says you'd be happy to give
Mr. Sangster a reprieve on the rent.
- What changed?
- MR. RICCI: Nothing changed.
We followed up by phone
and Ben said he'd repay the
full amount after four months.
Did you record any of these phone calls?
MR. RICCI: Why would I need
to record my phone calls?
Isn't a man's word enough?
REGGIE: Given the lockdowns
and reduced business,
how did you expect your tenant
to come up with the rent?
[DRAMATIC MUSIC]
I've been in this country
for more than forty years,
I have dug ditches,
troweled cement floors,
whatever was necessary to
honour an agreement once made.
You people act like
this is the first time
we've lived through hard times.
In 2008, we were just scraping by.
When we couldn't pay for cleaning
and maintenance on the building,
my son did it for free.
REGGIE: Ah yes, the maintenance.
There was an electrical problem
in the restaurant dining room
that went unfixed for four weeks.
MR. RICCI: [SCOFFS] Without
the income from the rent,
I I couldn't pay an electrician.
Now every week I'm
getting calls from the bank
because I can't pay my
mortgage because of your client.
REGGIE: So you and your son decided
to strong arm Ben for the rent?
MR. RICCI: No. No!
[SUSPENSEFUL MUSIC]
I expected him to be a man of his word.
[SUSPENSEFUL MUSIC]
Thank you, Mr. Ricci.
[REGGIE GRUNTS]
[SUSPENSEFUL MUSIC]
REGGIE: He put on a good show.
Don't worry, you'll get your turn.
AISHA: I'm sorry but I can't testify.
But Aisha we talked about this.
Without you corroborating
Percy's side of the story,
he goes to prison.
I can't risk losing my kid.
Losing your ?
I'm sorry, what are you talking about?
Rosella told me what they did.
I don't even have a record,
but they're the cops!
They can do what they want,
the truth doesn't matter.
Aisha, you need to tell me right now:
what exactly did they say to Rosella,
and who exactly said it?
[INTENSE DRAMATIC MUSIC]
MARCIE: I'd like to recall
Rosella Wilson to the stand.
Ms. Wilson, do you
have a criminal record?
- Objection, relevance?
- JUDGE KERR: Overruled.
The witness will answer.
MARCIE: Rosella,
you will not be in trouble
for having a criminal record.
But you will be in trouble
if you do not tell the truth here today.
[SUSPENSEFUL MUSIC]
I pled guilty to theft when I was 17.
MARCIE: And did anyone approach you,
and try to use this information
to get you to change your testimony?
The other officer from that night.
MARCIE: Officer Coates or Officer Ross?
Officer Coates.
I work at a bank.
He told me it would be a shame
if my work found out
about my criminal record.
Listen, I really need this job.
My dad can't work
anymore and my mom's sick.
MARCIE: In light of this,
would you like to change
your earlier testimony?
[SUSPENSEFUL MUSIC]
We didn't dine and dash.
The waitress billed us extra by mistake,
so we dropped what we owed and left.
Those guys were chirping
us way before that.
MARCIE: And they were
verbally harassing you how?
ROSELLA: Complaining
that we laughed too loud,
that we were on our phones too much.
Then they followed us outside,
started insulting us,
getting in our faces.
One guy started yanking me around.
Then Mr. Lincoln showed up
and he tried to calm everyone down.
He was trying to help.
MARCIE: Thank you, Rosella.
No further questions.
ELLERY: Ms. Wilson,
what statement of yours do you
think the court should consider?
What I just said.
ELLERY: What you just said,
or what you said yesterday,
or what you said five months ago?
- I can't keep your lies straight.
- Objection. Badgering.
Is there a question, Ms. Lopez?
Did you know that Officer Allen
and Mr. Lincoln knew each other?
- ROSELLA: No, I just
- ELLERY: Did Officer Allen
say anything to the defendant
that would suggest they
had a prior relationship?
He said something like,
"Look who's here to save the day."
And what did that mean
to you at the time?
I didn't think about it.
ELLERY: I want you to
think about it now.
I guess they knew each other.
[DRAMATIC SUSPENSEFUL MUSIC]
I'm good, Your Honour.
[DRAMATIC SUSPENSEFUL MUSIC]
Ms. Diggs, can we chat for a second?
About the witness
intimidation of Rosella Wilson?
- Happy to.
- Hardly.
I'm actually here to offer you a bone.
Twelve to fourteen. He's out in eight.
Ellery, do you know who my client is?
Percy Lincoln's not gonna accept a deal,
especially in a case where
a cop is trying to kill him.
That's his story.
MARCIE: I think you underestimate
where the jury's sympathy lies.
ELLERY: Or maybe you are.
Not everyone resides in the same
echo chamber as Percy Lincoln.
Most people are like Judge Kerr and I,
we respect the police
and are tired of hearing
him demonize them.
MARCIE: Yeah, well,
if both my parents were
cops I'd feel the same way.
Talk to your client.
Let me know.
COLLEEN: Don't tell me your office
doesn't have an issue with Marcie.
Every single one of her
files that I've reassigned
has made movement towards resolution.
Personality conflicts happen, Colleen.
[LAUGHING] Really, Martin?
Well, it's a hell of
a lot more plausible
than that "Plot Against Marcie
Diggs" theory that you're floating.
Look, I'm asking you to right the ship.
Okay, this is about
the clients not Marcie.
I'll speak to the lawyers.
Ms. Diggs' defence of
Percy Lincoln is a factor
in the way they're handling
cases, I'll deal with it.
And that's all I ask.
What are these people
gonna do without you
if you get that judgeship?
Well, they'll figure it out.
Uh huh.
PERCY: So, what's good, Marcie Diggs?
I received an offer.
Fulfill your duty.
- It's twelve to fourteen, out in eight.
- Wow!
They really think they got me, huh?
Hey, you're gonna have to earn it.
You understand me?
You're gonna have to earn it!
- JUDGE KERR: Is there an issue?
- No, Your Honour.
JUDGE KERR: Are you ready to proceed?
[SOFT DRAMATIC MUSIC]
Your Honour,
given the lateness of the day,
the Defence requests a
recess until tomorrow morning.
JUDGE KERR: Request granted.
We'll come back tomorrow, 10:00 AM.
- We're adjourned for the day.
- BAILIFF: All rise.
Really appreciate you taking
the time to come see me today.
DARCELLE: Of course.
Is this about me helping you
convince Percy to be reasonable?
[LAUGHING] I guess Percy wouldn't be
with a "beat around the bush" type.
I wanna talk about Percy and this trial.
What happens if he's found guilty?
I mean, have you two
discussed the possibility
of him taking a plea?
DARCELLE: I understand you're
concerned about this place,
but we all knew this day would come
when there would be
some false allegation,
some made up charge.
But Percy and I came
in from the streets,
we don't run from a fight.
And if your kids lose their father?
You say that like he's
being left at a Walmart.
Here's the thing.
If Percy's found guilty,
it'll bring him back to reality.
This playing with trying
to change the system
from the inside out,
I warned him it would never work.
It would make him soft.
Now, here we are.
[STAMMERING] I don't understand.
I mean, do you want him to go to jail?
No, not at all.
But we don't white flag shit.
We never have, so.
[DOOR BUZZER HUMMING]
[MARCIE SIGHS]
PERCY: Are you for real?
I educated her.
Don't blame her for trying.
I'm just gonna be a minute.
It's okay. I drove.
- I'll see you at home.
- Okay.
That's not right,
Colleen. That's not right.
- MARCIE: What were you thinking?
- COLLEEN: What was I thinking?
She was thinking that this guy's case
is putting a strain on the rest of us.
With respect, Doug,
this is not about you.
Not about me?
I've had five or six of
your cases dropped on me
'cause no one at the Crown
wants to deal with you
- while you're representing him.
- Oh, so the moment
a client becomes unpopular
we just drop them, is that it?
No, that's not what
Doug is saying at all.
That's not what I'm saying.
The Crown offered you a deal
and you dismissed it out of hand.
No, I discussed it with my client
and we rejected the offer.
I mean, if I'm going
to jail for eight years,
I might as well see this
thing through to the end.
COLLEEN: What is the
exit ramp on this, Percy?
PERCY: The Supreme Court
of Canada is the exit ramp.
COLLEEN: [LAUGHING] Wow.
It's always about the show with you!
Is this justice, Colleen?
What's happening to me?
Is this "just" to you?
Me being prosecuted like this.
For what?
'Cause I chose to be a good guy,
they get to take my freedom? No dear!
COLLEEN: We should've never
gotten involved in this.
This was a mistake.
Well, I hereby release you.
Halifax Legal Aid no longer bears
the responsibility of my defence.
MARCIE: Wait, what
are you talking about?
I'm your lawyer.
Thank you, Marcie.
For everything.
[DRAMATIC MUSIC]
MARCIE: Really?
[DRAMATIC MUSIC]
♪
I'm sorry,
- but this had to end.
- Yeah, me too.
What are you doing?
Uh, I quit.
[DRAMATIC MUSIC]
I'm done.
PERCY: I talked to Darcelle.
My daughters are ten.
I can't go to prison for eight years.
I'm gonna see if there's
any room in her offer.
Percy, we
we can still win this thing.
I can see why you wanna take the risk,
but it's my neck in the noose.
Go back to Legal Aid,
keep doing the good work you do.
[SLOW DRAMATIC MUSIC]
What happened to the fight?
I'm reading "Children of Blood and Bone"
with my daughters.
We've got about 100 pages
left and I'm a slow reader.
The possibility of leaving,
of everything that
would be left unfinished,
the cost of that fight got real tonight.
You came to the defence
of two Black women.
You wanna let them take your
life for that? It's your call.
But I am here.
I'm in this.
[SOMBRE MUSIC]
PERCY: My sisters looked
like they needed help.
I'm always gonna protect Black women,
so that's what I did.
Next thing I know, Officer
Allen's got me in a chokehold.
I started to lose my vision.
All of the shouting,
even my own voice,
it all seemed far away.
I couldn't breathe.
I couldn't breathe.
This was it for me, I thought.
I'm gonna die like this.
This is the moment I
die at the hands of a cop
for doing nothing other
than the right thing.
What made you wanna fight back?
I didn't wanna be
another face for a mural
or a posthumous "Vanity Fair" cover.
I have a wife and daughters
and I remembered they
were sleeping when I left
and I didn't tell them I love them.
I needed to get home
so I could tell them just that.
And I heard the box cutter
in my pocket scraping
against the pavement.
[SCRAPING ECHOES]
And I grabbed it.
And I just kept stabbing Officer Allen
until he stopped choking me.
[FLESH SLASHING ECHOES]
I didn't know how many times that was.
And when he finally let you go?
I wanted to get home to my family.
Tell my daughters I love them.
That I was okay.
That I was gonna live.
Thank you, Percy.
ELLERY: Mr. Lincoln,
you didn't like Officer
Allen all that much, did you?
No, I did not.
ELLERY: So when you saw the opportunity
to get into it with him,
- you took it?
- Look, I had no idea who he was.
ELLERY: No?
How many months did you serve
on the Community Policy
Initiative Committee?
Six months maybe.
It was a while ago.
ELLERY: You worked in close
quarters with Officer Allen
for six months and you
expect this court to believe
- that you didn't recognize him?
- Look,
there were eighteen
people on that committee
and I'm on a ton of committees.
In fact,
I was part of the "Know
Your Rights Committee"
at Dalhousie a few years back.
Does one of its members,
an Ellery Lopez, remember me?
You can ask me that question when
I'm the one on trial for murder.
[SPECTATORS CHATTER]
REGGIE: So even when your
restaurant's running at full capacity,
your profit margins
are only three to 5%?
BEN: Yeah, that's right.
Fast food restaurants have
a profit margin of six to 9%
but with a high-end restaurant
like mine, it's lower.
With lockdowns and distancing measures,
it's basically zero.
That's why I was unable to pay the rent.
Unable to pay the rent.
BEN: Right, which is, um, uh, $6,900.
It's one of the highest
per square foot in Halifax.
REGGIE: Thank you, Mr. Sangster.
Mr. Sangster,
you took full advantage
of government subsidies
during COVID, correct?
Yeah, it helped me
keep some of my staff on
- and buy some supplies for takeout.
- And you also spent
$4,499.99 on Ruffoni Opus
Cupra Hand Hammered copper pans,
- is that correct?
- That was for a TV show appearance.
AVERY: For which you also spent $1,000
on hair, makeup and wardrobe.
BEN: It was for a dinner that
I cooked at a homeless shelter.
I donated my time while the
restaurant was shut down.
Mr. Sangster,
correct me if I'm wrong,
you got every government subsidy going.
You splurged on equipment,
on hair and makeup supplies,
and in all that time you
didn't pay one cent in rent.
How was I paying? I was shut down.
AVERY: And when your
landlord came to talk to you
about paying that rent,
- you attacked him.
- No,
- that's
- You put your hands on this 70-year-old man.
You grabbed him by the
collar and you shoved him.
Isn't that right, Mr. Sangster?
[INTENSE MUSIC]
I've known you for ten years, man.
If you were in trouble,
why didn't you tell me?
You didn't have to be such a hard-ass.
AVERY: No further
questions, Your Honour.
[SOFT DRAMATIC MUSIC]
[AVERY SIGHS]
ELLERY: My mother always says,
"Wearing a badge is like
having a heartbeat."
Which is to say, that your
timesheet doesn't dictate your duty.
MARCIE: Here are the facts
that we can all agree on.
Percy Lincoln was out
shopping late at night
and saw two women being
harassed by three men.
ELLERY: Even though these
officers were off-duty,
they saw a crime in progress
and decided to intervene.
MARCIE: One of the men
had his hands on a woman,
roughing her up.
ELLERY: Percy Lincoln inserted
himself into the situation.
Imagine that was you.
Would you make the easier
decision and just shrug it off?
A man coming to the defence of a woman.
MARCIE: Or would you
make the harder choice?
ELLERY: Who can't get behind that?
Percy Lincoln made that hard choice.
But here is where it gets tricky.
MARCIE: Turning a blind
eye to bad things happening
It has little to do with his
desire to be a good Samaritan.
Only ensures that they
will continue to happen.
And a lot more to do with
his hatred of our police.
He put himself in a
life or death situation.
ELLERY: The officers
declared themselves.
MARCIE: If someone was
choking the life out of you
So why did the defendant insist
on his continued involvement?
Wouldn't you do anything to survive?
Percy Lincoln killed Officer Kyle Allen.
MARCIE: Wouldn't you grab a rock,
or a stick, or a box cutter?
It's our job to make
sure that Mr. Lincoln
is held accountable for his actions.
MARCIE: Wouldn't you do anything
to stay alive?
[SUSPENSEFUL ORCHESTRAL MUSIC]
♪
Avery, hold up.
Well, misplaced your entourage?
[CHUCKLES] No, it's just me.
I'm wondering if you're
in the mood to negotiate.
Oh, really?
No, seriously. You-you were right.
Let's try and resolve this thing.
And what makes you think
the offer is still good?
Your client basically admitted
guilt in there just now.
So you wanna punish me by
screwing over my client?
[QUIRKY PLAYFUL MUSIC]
Screw it.
I got a little caught up myself.
Just bring your client by tomorrow.
Oh, uh, by the way,
you know, it's too bad
your students aren't here
to show them what it's like
when a lawyer has to eat crow.
No way.
I sent them home so I
could grovel in private.
[LAUGHING] You're something else, Reg.
See you tomorrow.
Thanks, Avery.
[PHONE RINGING]
- DOUG: Marcie, I
- MARCIE: Don't worry about it.
You and Colleen were right.
And I don't wanna have to decide
how much I give to my client
because there are a hundred
people waiting behind them.
People deserve better.
Especially the ones we work for.
I can't believe this is happening.
I know, friend.
[SOMBRE MUSIC]
I'll see you soon, okay?
You got it.
[SOMBRE MUSIC]
[UPBEAT HIP HOP MUSIC]
[CHEERFUL DOO WOP MUSIC]
EMILY: Marijuana smoking reggae singer.
- Bob Marley?
- Yes! Okay.
- I don't know who the hell this is.
- No cheating!
What? I had COVID.
I mean,
[SUCKS TEETH] fine.
Who put this in here?
Female Black singer.
- Whitney Houston?
- No. Thick.
- Aretha?
- "Dreamgirls."
- Beyonce?
- No.
Time.
Damn it. Mom, I know that was yours.
Austin, it's your turn.
I don't need another ♪
Played George Jefferson.
Sherman Hemsley.
AUSTIN: Mm hmm.
Yeah baby I did ♪
Jazz musician, Black, guitarist.
And drove a new car ♪
[AUSTIN SNAPPING]
"Give me the Night", "Breezin'",
"Turn Your Love Around"?
It's on the tip of my tongue.
- Benson?
- That's the last name. What's the first?
Jeffrey?
- No.
- Time! You're done.
How can you not know George Benson?
- It's just a game, Austin.
- [LAUGHING]
We played "Turn Your Love
Around" at our wedding.
That and a hundred other records!
- Can we just play the game?
- Whatever you want.
That seems to be the order of the day.
[TENSE MUSIC]
♪
Mom!
Dad!
I've lived through my mess,
my kids lived through it.
I'm not interested in
a second time around.
Go figure out your stuff
'cause I-I-I can't
have this around me.
[SOLEMN MUSIC]
FOREPERSON: I'm truly
sorry, Your Honour.
It's been five days
and I don't think we can
come to an agreement.
We're worn out.
JUDGE KERR: And you are of the decision
that you are hopelessly deadlocked?
Yes.
Due to a hung jury,
I must declare a mistrial.
The defendant will be notified
when a new trial date is set.
Thank you, Marcie.
- You gonna be okay?
- [CHUCKLES] They've neutralized me,
but I get to finish that book.
- [GAVEL SLAMMING]
- BAILIFF: All rise.
[UPLIFTING TECHNO MUSIC]
[PEOPLE CHATTER]
[UPLIFTING TECHNO MUSIC]
Baby.
[UPLIFTING TECHNO MUSIC]
ELLERY: Congratulations, Marcie.
I just wanted to let you know
that I recommended to my boss
nothing further happens on this file.
Good.
You're not a bad dance partner.
I hope we get to do this again sometime.
I think that you
should fly and be free ♪
Take a horse and
just ride with me ♪
She did it again!
Crushed 'em without so
much as even a scratch.
Oh, trust me, I have scratches,
- you just can't see 'em.
- Mm, okay.
I see a scratch here.
I see another scratch there.
[BOTH LAUGHING]
You know I gotta ask.
To the newly unemployed
Marcie Diggs, Attorney-at-law.
What's next?
I'll meet you by the ocean ♪
I have some ideas.
By the ocean ♪