The Lincoln Lawyer (2022) s03e09 Episode Script
Ghosts
1
Deborah Glass. I did not call her, Adam.
Suarez took me off the Scott Glass case.
Ambition can be costly.
Fuck you, Haller.
What else did you learn
from your meeting with Trina Rafferty?
Gloria admitted to her
that she planted the gun.
Objection, hearsay.
On the orders of a DEA agent
named James De Marco.
[De Marco] Your investigator and his wife.
If they wanna know about me,
they should just come and ask.
I'm right here.
We have a new piece of evidence
against De Marco, and it's big.
Bingo.
I will allow Agent De Marco to testify.
I'm keeping you on a very short leash.
[Mickey] Gloria received this subpoena
on the evening of August 3rd.
Forty-one minutes later,
she made that call.
Would you mind dialing the number?
[secretary]
Drug Enforcement Administration.
What about this man wearing a hat?
[Hensley] I think
this man was following her.
The man in the hat was Neil Bishop.
Guy who gave you the coke,
any idea who he was?
Said his name was Hector something.
Uh, Moya?
I'm no rat, Mickey. You know that.
This guy could come after me.
- What if I'm not looking for a drink?
- Parking lot.
James De Marco.
You're under his thumb, right?
- [Eddie] Mr. Haller?
- What?
- [loud crash]
- [Eddie yelps]
If there's one thing I've learned,
you gotta let the ghosts go,
or they will drag you under,
and you'll never
be the lawyer you need to be.
We can't waste more time.
We gotta get him out.
He can't take any more.
[chains clink]
- [blade swooshes]
- [inmate grunts]
[dramatic music playing]
[music ends]
[vibrant music playing]
[water bubbling rapidly]
Walked in the joint
and there was hell to pay ♪
Just lookin' around
It looked like judgment day ♪
Every man I ever owed was in ♪
- [music stops abruptly]
- [mutters in Spanish]
[phone rings]
Hello?
Yeah, this is him.
Wait, what? What are you talking about?
When did this happen?
I'm on my way.
[suspenseful music playing]
[Mickey] Julian's in the hospital.
He was attacked by an inmate.
- Holy shit.
- Oh my God. Attacked how?
All I know is he was stabbed
during the transfer from county.
Wait, how does this happen?
Don't they have, like, guards guarding?
If someone wants you in jail,
they'll get you. How bad is it?
I don't know yet.
I'm on my way to the hospital right now.
Lorna, call Judge Turner's clerk.
Tell them what happened.
See if she'll postpone court
while I get more information.
Will do.
That will buy us time to think about
how to prevent a mistrial.
Wait. A mistrial? What?
Forsythe is going to move
for a mistrial right away.
He knows we're landing with the jury,
and he's going to use this
to try to get a do-over.
That's what I'd do.
Cisco, find out who stabbed Julian.
If there's any connection
to Bishop or De Marco.
- I'm on it.
- You think De Marco's behind this?
[Mickey] I can't prove it,
but it makes sense.
If they take Julian out,
the whole case goes away.
It means we have to start all over.
It means another year in jail for Julian.
Oh my God.
We can't let him get a mistrial.
Lorna, find some precedent.
Trials that continued
without the defendant in court.
If I don't leave now,
I'll be late for the McCrudden hearing,
but we're setting a pretrial,
so it won't take long.
Meet me in Judge Turner's courtroom.
Try to have something to say to her.
Yep, got it.
Izzy, meet me at the hospital.
I can't stay long. I need you there.
I'm on my way.
All right, I'll see you soon.
[sighs heavily]
- [horn beeps]
- [tires screech]
- [Glory] Watch it.
- I see it, I see it.
[Glory] Sure, that's what you always say,
and then you end up with coffee
all over your tie.
You took your eye off the ball.
I covered every base I could think of.
I moved him into protective housing.
Even Hector Moya
said his guys would keep an eye on him.
That's not what I'm talking about.
If you had just told me the truth,
we wouldn't be in this mess.
Ever think about that?
I did what I had to do.
You ever think about why?
Why I felt like I couldn't tell you?
[quietly] Yeah.
It doesn't matter anymore, does it?
The only thing that matters is,
what do I do now?
You should be bringing down De Marco.
I'm trying, Gloria.
There's a process, you know?
There's rules we have to follow.
[Glory] Fuck that.
These assholes don't follow any rules.
Somebody gets in their way,
and they kill them.
And you're letting them get away with it.
[poignant music playing]
I need you, Mickey Mantle.
You gotta get a hit here,
do you understand?
Don't let me be just
another story they tell, huh?
Nail these fuckers for me.
[poignant music continues]
[car horn beeps]
[theme music playing]
I'm very sorry, sir, but he's in custody.
Somebody tried to kill him
and you're worried he'll escape?
We have procedures to follow.
You're not listed as a next of kin, so
But it doesn't This is discriminatory!
No. We treat all married couples the same,
regardless of sexual orientation.
But you and the patient
are not married, Mr. Lyons.
Excuse me, I'm the patient's lawyer.
I'm sure you understand
Mr. Lyons is just worried about him.
Yes. I promise someone will let you know
as soon as we have any update.
Right now, all I can tell you is that
Mr. La Cosse is still in surgery.
If you would please both take a seat.
Of course. Thank you for your help.
Thank you. Come on.
This is insane.
They're just doing their jobs, David.
No. How could somebody stab Julian
and and nobody be around to stop it?
Mickey, he could have died.
Okay? He could still die. Julian
- Do you understand?
- Yes. I'm gonna get to the bottom of it.
I have people looking into it.
You know,
you said you could keep him safe.
And now look where we are.
[judge] Case number BA72539.
People versus McCrudden.
[indistinct chatter]
[judge] BA72539.
Is counsel here?
[background chatter continues]
[judge] Last chance. BA72539.
Going once. Going twice.
Uh, Your Honor,
I see counsel in the courtroom.
- If you'll give me a moment?
- [judge] Please.
Take all the time in the world,
Miss Freemann.
It's not like the rest of us
have anything better to do.
Lorna. Lorna.
- Lorna!
- [Lorna gasps]
Oh shit.
Sorry, I was in the zone.
Did they call my case?
Yes. Three times.
[Lorna groans]
- Everything all right?
- Not really.
Somebody stabbed Julian La Cosse.
I have to argue
in front of that judge next.
Oh my God. I'm so sorry.
It's okay. Thank you for coming to get me.
- Yeah.
- What are you doing here, anyway?
[gasps] Are you on calendar duty?
Unfortunately.
It's a long and depressing story.
Anyway, I really am sorry
about your client.
Let me know if there's anything
I can do to help.
Wanna drop these charges
so I can get out of here?
- I'm not that sorry.
- [judge] Counsel.
Come on. Let's get this over with.
[upbeat music playing]
Excuse me. Watch out. Excuse me!
[music continues]
[music fades]
[officer] Cisco.
I can't tell you shit, okay, man?
Guy stabs another prisoner,
and you wanna protect his privacy?
No. I wanna keep my job.
Besides, I wasn't on duty last night.
As if you're not all talking about this.
And you sit here,
pretending you haven't heard his name
twenty times in the last hour?
What's your point?
[tense music playing]
My job is to find out information,
one way or another.
I either figure out the carrot,
or I figure out the stick.
I don't have time for that now
because we got a client
who might not see tomorrow.
So I am appealing
to your basic humanity, Ramon.
And I very graciously ask you
to give me a fucking name.
[music fades]
[Eddie] You're doing that thing again,
Mr. Haller.
Which thing is that?
[Eddie] Where you blame yourself
for everything that happens
to the other people in your life.
Is that right?
You know, the Buddhists say
that however much the first arrow hurts,
the pain from the second arrow
is always exponentially worse.
What's the second arrow?
The second arrow
is the one you shoot yourself with
to punish yourself for the first one.
Did you get that from your LeBron app?
[Eddie chuckles]
This isn't your fault, Mr. Haller.
Neither is what happened to me.
[Mickey mutters]
I wish I could believe that.
For so long, Maggie's been telling me
the way I do things is too dangerous,
and one day,
it's going to catch up with me.
Only it didn't catch up with me, did it?
It caught up with you.
You're spending too much
of your time and energy feeling guilty
and not enough time figuring out
how to win this case.
Focus, Mr. Haller.
And don't forget to wear your seat belt.
[contemplative music playing]
[music fades]
- [phone bleeps]
- [suspenseful music playing]
Well, you may as well come in with us.
Yeah, okay.
[music fades]
Your Honor, I don't mean to be callous,
but from what I hear, it's touch and go.
And with all due respect,
I think there's no other option
but to declare a mistrial.
Well, the court feels so blessed
that you're here to explain its options,
Mr. Forsythe.
Your Honor, the defense
strenuously objects to a mistrial.
Until we know more about
Mr. La Cosse's condition, it's premature.
Premature? Your Honor,
even if Mr. La Cosse survives,
who knows how long he needs to recover?
Are we just gonna
hold the jury indefinitely?
Judge, I can't say for sure,
but I also think
that it's possible
that whoever stabbed my client
was trying to get a mistrial.
What? Bullshit.
Mr. Bishop, you will mind yourself
in my chambers, understood?
I'm sorry, Your Honor.
But every indication is that
this was likely a hate crime.
Mr. La Cosse is gay.
Unfortunately, you're dealing
with all kinds of inmates in county.
It doesn't take much
to set one of them off.
Do we have any information yet
as to who the assailant was?
Not at this time, Your Honor.
I'm trying to ascertain that.
Impolitic delivery aside, Mr. Haller,
I'm afraid the larger point stands.
There is only so much time
the court can afford to wait.
Maybe we don't have to, Your Honor.
I've been in the hospital all morning,
so with the court's permission,
I'll turn it over to my cocounsel,
Ms. Crane, who can speak to this point.
May it please the court.
It would be the height of prejudice
to declare a mistrial at this time,
not only to Mr. La Cosse
but to the taxpayers of Los Angeles,
who have spent a small fortune
on this case already.
Mr. La Cosse has also spent a substantial
amount of money mounting a defense,
not to mention the enormous physical toll
incarceration has taken on him.
But perhaps most importantly, Your Honor,
Mr. Forsythe and his team
are now privy to the defense's
carefully constructed strategy,
and starting again would give him
an unfair advantage in a new trial.
No more unfair than the advantage
the defense would have
because they have also seen our strategy.
Luckily, we have a remedy
for that situation.
Rule 43 of the Federal Rules
of Criminal Procedure clearly states
that it is possible
for a defendant to be tried in absentia.
While it might often be used
due to some egregious behavior
or the defendant's choice,
there is nothing that precludes us
from applying that rule here.
Sure, and Section 977
of the California Penal Code,
which is what actually
governs trials in this state,
says that the defendant
must be personally present at trial
unless they explicitly
waive that right in writing,
which, obviously,
Mr. La Cosse is in no position to do.
Well, here are cases from jurisdictions,
including California,
where trials have continued
without the defendant present.
Your Honor,
regardless of what these cases say,
continuing this trial while
Mr. La Cosse is in the operating room
is all but granting
an automatic do-over to the defense
in the event of a conviction.
Which is exactly
what granting a mistrial at this juncture
would do for the prosecution,
respectfully.
[judge] Well,
it seems we are at an impasse.
You both made very strong arguments,
which I will take under advisement,
and I will have a ruling for you
after lunch.
Now, if you don't mind, I would like
to enjoy the rest of my tea in peace.
- [Forsythe] Thank you, Your Honor.
- Thank you, Your Honor.
[Bishop sighs]
You couldn't have worn a clean tie.
David?
You're Mr. La Cosse's family?
Yes.
Well, the good news is he's alive,
but he is still in surgery.
How bad is it?
It was more complicated
than we anticipated.
He lost a lot of blood.
He also had severe lacerations
to one of his kidneys.
Unfortunately, we had to remove it.
Jesus.
His heart stopped at one point,
but we got him back
to a stable enough place
where we can proceed.
Is he gonna make it?
It's hard to say right now,
but we're doing everything we can.
I'll find you as soon as
there's any more information.
Thank you, Doctor. We appreciate it.
Thank you.
[emotional music playing]
Julian's a fighter, David.
[sighs] He's so weak
from all this time in jail.
- I'm just not sure he still has it in him.
- He has you.
He knows you're here waiting.
Yeah. Does he?
[music fades]
[phone ringing]
Cisco, what do you know?
The guy who stabbed Julian
is named Lalo Vasquez.
He's in on a murder charge.
Don't have any other details yet.
He has to be connected to De Marco.
I don't know how,
but the whole case might depend on him.
If there's something there, I'll find it.
Might just take some time.
- I'll call you when I know anything.
- All right.
[sighs heavily]
[emotional music playing]
[breathes deeply]
[Andrea] Is this seat taken?
[music fades]
It is now.
How did you find me?
Lorna told me where you were.
I'm sorry about your client.
Is he gonna be okay?
We don't know yet.
I was this close
to winning this thing, Andy.
I gotta believe that's why they did it.
Is there any evidence of that?
Cisco's looking into it,
but he's hitting the bureaucracy wall.
- Listen.
- Look, I
I just wanna say sorry
about the other night.
I was out of line.
I didn't think before opening my mouth.
That may be true, but you were not wrong.
That place is a snake pit.
I should never have trusted Vanessa.
[sighs] I don't know.
Maybe I didn't wanna
keep that secret anymore.
It's hard to hold
somebody's fate in your hands.
Even when there's nothing you can do,
you still feel like it's your fault.
Yeah, except there was something
I could have done and should have done.
Andy, come on. Mistakes happen.
You have to forgive yourself.
Maybe you have to learn
to take your own advice.
[chuckles softly]
Lorna tells me that Suarez
put you on calendar duty.
I want to poke my own eyes out
with a dull pencil.
You'll get through this, and he'll realize
he's wasting one of his best people.
Yeah, maybe.
[poignant music playing]
It's been nice, Andy.
It has.
[sighs]
We both know it's not working out.
Everything is way too complicated
for me right now.
And I don't think either of us
are really good at work-life balance.
That's the real reason
I never let you leave a toothbrush.
[chuckles softly]
Maybe one of these days,
I'll figure it out, huh?
You will.
Believe it or not, Haller,
I have faith in you.
Mickey, you gonna finish that?
It's all yours.
I should get back,
find out if I still have a trial or not.
I'll cross my fingers.
[music fades]
Oh, good, we're all here.
This is quite the dilemma,
and I regret the unfortunate circumstances
that have led us here.
The duty of the court is
to balance the interests of both parties
with the requirements of the law.
- Therefore, my
- [knock at door]
Yes?
Excuse me, Judge.
There's an agent, James De Marco, here
along with an attorney from the DEA.
They say they were ordered to appear,
and I quote, "Their time is limited."
[tense music playing]
Thank you, Claire.
Your Honor, given the difficulty we've had
in trying to serve Agent De Marco,
the defense urges the court
to hear his testimony.
[Forsythe] What? How? Your Honor,
we still have an absent defendant.
While I understand
the court has already ruled
on Agent De Marco appearing,
I still have strong reservations
about the relevance of his testimony.
[Mickey] That's perfect.
We are stuck without a jury
while we wait to find out about my client.
We can hear from Agent De Marco
without the jury as an offer of proof.
That way, even if we have to start over,
the court can finally determine
if his testimony is relevant.
Your Honor, this is highly irregular.
I'm not even prepared
to question this witness.
Why not?
There's been a subpoena issued for him.
You just didn't think
he'd actually show up.
Well, apparently, neither did you.
This will save the court time
in the event of a retrial, Your Honor.
It is a highly efficient use
of judicial resources.
Well, my mother always said
to make hay while the sun shines.
If the agent is here,
let's hear what he has to say.
I will make my ruling
about the mistrial afterwards.
- Thank you, Your Honor.
- [Forsythe] Thank you, Your Honor.
Convenient De Marco shows up to testify
when there may not be a trial anymore.
Ah, a little too convenient.
This guy thinks he's untouchable.
So show him he's not.
Use the surveillance footage
Cisco got from Sterghos's house
in the rebuttal.
- Let him talk his way out of that.
- No, I can't. Not yet.
But why?
This guy thinks
he can get away with murder.
And he's going to get away with it
if we're not smart.
If we show him the video now,
and the judge grants a mistrial,
we'll never get him back,
and the jury will not see it.
Okay. But if you don't show the video,
and Forsythe argues
that De Marco's testimony isn't relevant,
we're not getting him back.
Well, it's a risk we have to take.
Trust me, we wait.
[sighs] Fine. Button your jacket.
[Mickey] Good afternoon, Agent De Marco.
Right back at you, Counselor.
Can you tell us how long you've been
with the Drug Enforcement Administration?
- It'll be 23 years in September.
- [Mickey] 23 years. That's a long time.
And your primary focus
is on foreign drug cartels?
I'd say the primary focus
of the entire agency
is on foreign drug cartels.
I'm sure.
Now, in the course
of your investigations into the cartels,
did you become aware
of a man named Hector Moya?
[De Marco] I'm familiar with Mr. Moya.
He's a shot caller for the Tijuana cartel.
Not exactly what you'd call a Boy Scout.
And do you know where Mr. Moya is now?
Serving a life sentence
in a federal penitentiary, last I heard.
I see. Now, Agent De Marco,
can you please tell the court
how you knew
the victim in this case, Gloria Dayton?
I didn't know her.
No? Because we've heard testimony
that she was your informant.
Is that not true?
It is not true. I never met her.
So, she didn't call you
on August 3rd of last year
to tell you she'd been served
in a lawsuit involving Hector Moya?
Objection. Asked and answered,
Your Honor. Many times.
Sustained.
All right, let's go back to Mr. Moya.
Do you know
how he ended up in federal prison?
He was arrested by the police
here in Los Angeles
in possession of a substantial amount
of cocaine and a firearm.
As I recall, the gun was linked
to a murder somewhere.
It was at that point
that my agency took over the case.
Okay. And that gun enhancement
was what got him a life sentence?
I believe so. Yes.
Now, you're here today, Agent De Marco,
because you received
a subpoena from me in this case.
Did you ever receive a subpoena
from Mr. Moya's lawyers
in a habeas action
to vacate his life sentence?
It's possible.
I get a lot of subpoenas.
The agency's lawyers handle most of them.
Well, this one involved you directly.
Mr. Moya is suing the federal government,
including your agency,
alleging that you framed him
in that arrest.
You're not aware of
Mr. Moya's habeas case?
Mr. Moya is a desperate man.
And this is America.
You can sue anybody for anything.
That doesn't make it true.
The fact is, I had nothing to do
with Mr. Moya's arrest.
The DEA wasn't even involved until later.
Like most prisoners,
Mr. Moya's just throwing stuff
against the wall to see if it'll stick.
Very well.
Turning your attention to this case,
are you familiar with my client,
Julian La Cosse?
Any past experience with him?
No.
What about anybody else on this case?
Do you know the prosecutor, Mr. Forsythe?
No, I do not.
What about Mr. Forsythe's investigator,
Mr. Bishop? He's sitting right there.
Do you know him?
[tense music playing]
I do. A little bit.
Uh, we go back ten years, maybe.
How's that?
[De Marco] He was with the LAPD
at the time.
We crossed paths
on a double murder in the Valley.
There was suspected cartel involvement,
so the police asked the DEA
to consult on the case.
I see. And have you seen or spoken
with Mr. Bishop since that time?
No.
So you haven't consulted with him
about this case?
No.
Have you consulted with anyone else
about this case?
I never heard about this case
until you served me with the subpoena.
So, no. The answer is no.
Okay.
So, going back to the double murder
where you met Mr. Bishop,
did this murder take place
on Montgomery Avenue in Lake Balboa?
I don't recall.
It was ten years ago. Like I said.
And are you familiar
with the name Peter Sterghos?
[Forsythe] Objection. May we approach?
Your Honor, you have already ruled
against Peter Sterghos, whoever he is,
being included as a witness.
Mr. Haller is apparently trying
to circumvent that ruling.
I'm trying to establish
whether this witness knew
that Peter Sterghos
was on our witness list.
He said he's had no contact
with anyone involved in this case.
I'll be introducing evidence
to the contrary.
There's no evidence. This is a sideshow.
In light of an impending mistrial
I will decide whether there will be
a mistrial, Mr. Forsythe, not you.
Mr. Haller, please, wrap it up.
Yes, Your Honor.
Now, Agent De Marco,
did anyone tell you that Peter Sterghos
was a potential witness in this case?
No. I don't know that name.
Okay. Then can you tell the court where
you were last Friday night, May 17th?
I was at an all-night stakeout.
My partner can verify that.
[Mickey] And was this stakeout
on Montgomery Avenue in Lake Balboa?
I'm afraid I'm not at liberty to discuss
ongoing confidential investigations.
Your Honor, I must object again.
Why are we asking questions about
random addresses and random evenings
that have no bearing on this case?
Sustained.
Mr. Haller,
anything else for this witness?
No, Your Honor. Not at this time.
Mr. Forsythe, any questions?
No, Your Honor.
Very well.
Agent De Marco, you're free to go.
- The court thanks you for your time.
- Of course, Your Honor.
- He's lying through his teeth.
- Well, he's pretty good at it.
[hushed chatter]
Your Honor, the People
once again renew our objection
to Agent De Marco's testimony.
None of which was in any way relevant.
And in the event of a new trial,
we would ask that he be struck
from the witness list.
So noted, Mr. Forsythe.
Mr. Haller, do you have anything to add
before I make my ruling?
- Your Honor, I
- [phone vibrates]
Your Honor, this is the hospital calling.
Before we argue further, can I please
have ten minutes to take this call?
You may have five, Mr. Haller.
Thank you.
Izzy, I need an update.
Julian just got out of surgery.
He made it.
Barely.
David's in with him.
- How is he?
- It's touch and go.
The doctors say the next few hours
will tell the story.
But you're telling me he's awake?
What? I I just told you
that he barely survived the surgery.
He's still unconscious.
Izzy, I need you to tell me
that Julian is awake.
Um
[quietly] Mickey, Julian is awake.
Thank you.
[line beeps]
Your Honor, I've just been told
that my client is awake.
What?
With the court's permission, I ask you
to please delay any ruling on a mistrial
until I speak to him.
Your Honor, if
[Mickey] I understand
the People's frustrations and the court's,
but I don't know how long
my client will be in a position to talk.
Time is of the essence here.
Okay, then.
We will take a 90-minute recess.
I want everyone back here at 3:30 sharp.
Thank you, Your Honor.
- [Mickey whispers]
- Okay.
[sighs]
I know what you're gonna say.
Oh yeah? Do tell.
You're gonna tell me
what you'd do in this situation.
Well, I know I wasn't
the best father in the world,
but I was a very good lawyer.
Just makes sense you'd wanna emulate me.
Is that what you think I'm doing?
I don't know.
Whose class ring are you wearing?
You bent every rule there was to bend.
- And you don't?
- I'm talking about outside the courtroom.
I do things my way, not yours, okay?
Legal is there
if I ever need another point of view.
[Mickey Sr.] Of course he is.
Legal always loved to push the envelope
from the safety of his desk,
but I was the one who was out there
actually doing the dirty work.
The truth is he wished
he was as good as I was, just like you do.
[scoffs quietly]
You don't think I'm as good as you?
[Mickey Sr.] I think
we're about to find out.
It's a delicate decision you have to make.
The kind of decision
other lawyers might run away from.
The question is whether you will too.
Because if you really wanna be
as good as I was,
better than I was,
you need to do whatever it takes
to get that "not guilty."
Your client expects nothing less.
Slainte.
Is Julian awake yet?
I'm not sure
what you want me to tell you now.
The truth.
He's in and out. Mostly out.
How is he?
[Izzy] He's doing the best he can.
Yeah.
Can you grab some coffee?
I need to talk to him.
- Yeah.
- Thanks, Izzy.
[David] We should've appreciated it more.
[Mickey] What?
Being healthy.
Happy.
You don't think about dying, you know?
Happens to other people, but
There's no way you could have known
any of this was gonna happen.
That is true about our whole relationship.
I never thought I was gonna settle down.
Wasn't part of the plan.
Well, what happened?
A car accident.
Nothing serious or anything.
You know, this guy in front of me
stopped short, so I ran into him.
And he gets out of the car
and just starts going mental on me.
[scoffs] It was like face is red,
and his arms, like, flailing around.
[laughs] I don't know.
Tried to apologize,
but it seemed so ridiculous.
Yeah. That must have made him
even angrier.
[chuckles] You have no idea.
[David laughs]
I gave him my insurance,
and we traded numbers.
And that night, he texted me,
asked me if we could meet up for a drink
so he could apologize for overreacting.
And that was all she wrote.
[quiet, poignant music playing]
David, uh, I'm afraid
Julian's case is in trouble.
The judge is very close
to granting a mistrial.
That means we have to start over.
In fact, Julian is the only one
who can stop that now.
So I need to talk to him.
Mickey, he's barely alive. You can talk,
but I'm not sure he can even hear you.
You need to trust me now.
You need to let me try.
[music intensifies]
Do whatever you need to do.
- I'm sorry, but I can't let you in there.
- I'm his attorney.
And I respect that,
but I have strict orders.
No one can see the prisoner
except his doctors.
I already let his boyfriend in there,
and I could get in trouble for that.
You listen to me very carefully,
Deputy Henderson.
My client has the right
to consult with his lawyer.
I don't think he's awake.
- Are you a doctor now?
- No, but I've been standing out
You wanna stand in front of a judge
and explain why
you personally denied a man
his constitutional rights?
A man who is a victim of a terrible crime?
A crime that happened
under sheriff's department supervision?
Because if that's what you want,
I can assure you I can make that happen.
Five minutes.
And after that, you're out of there.
Thank you.
- And I'm standing right outside.
- I feel safer already.
[machine beeps steadily]
[tense music playing]
[Mickey] I have a signed waiver
from Mr. La Cosse, Your Honor,
granting his permission
for us to proceed in his absence.
Your Honor,
I have to raise a concern here.
All I'm hearing from the hospital
and from the sheriff's department
is that Mr. La Cosse
is still in critical condition.
[Mickey] He is, Your Honor,
which is why it's even more imperative
that we move quickly.
I was lucky to be there at the right time.
Mr. Forsythe, you could have gone
to the hospital with Mr. Haller
if you were so skeptical.
And Mr. Haller,
you are an officer of the court.
If I take you at your word and find out
there's been anything untoward
There's no need to take my word for it.
Mr. La Cosse's partner was there,
and he has agreed to testify
to the veracity of this signature.
- [bailiff] State your name, please.
- David Henry Lyons.
Do you solemnly state
that the testimony you may give
in the case pending before this court
shall be the truth, the whole truth,
and nothing but the truth?
I do.
[judge] Please be seated, Mr. Lyons.
Mr. Lyons, can you explain to the court
your relationship to the defendant,
Julian La Cosse?
He's the love of my life.
Technically, he's my partner.
We never got married because neither of us
believes in it as an institution, but
I may be changing my thinking on that.
- How long have you been together?
- It'll be nine years this summer.
Were you just with him at the hospital?
I've been with him since I heard
he was attacked while in police custody.
Mr. Lyons, this is a waiver
granting me permission
to continue this trial
in Julian's absence.
Have you ever seen this before?
Yes, you showed it to me at the hospital
after you left him.
And do you recognize
the signature at the bottom?
Yes, it's Julian's.
It's a little messier than usual,
but he'd just been through
seven hours of surgery.
Don't think penmanship
was at the top of his mind.
So you can confirm
that the signature on the bottom
is definitely that of your partner,
Julian La Cosse?
Yes, it is. Definitely.
Thank you, Mr. Lyons.
Mr. Forsythe.
Do you know what the punishment is
for perjury in the state of California?
I can't say that I do.
Well, under the California Penal Code,
perjury is a felony offense,
and it carries a term
of up to four years in prison.
Given that, are you still
confident in your answers,
or would you like to rethink some of them?
No, I would not.
Julian wants this trial to continue,
and I know that
because he told me so himself
before he lost consciousness.
He would tell you that, too,
if he wasn't handcuffed to a hospital bed.
[Forsythe] No further questions.
The witness may step down.
Are there any further arguments
regarding moving forward with the trial?
Your Honor, I wanna reiterate
my strong objection
to continuing under the circumstances.
No matter what happens,
the defense is simply going to use this
to appeal any adverse decision.
Your Honor, previously, you reminded me
that I am an officer of the court.
As such, I can assure you and Mr. Forsythe
that, while I reserve my right to appeal,
it will not be because
my client was not present for trial.
The court has no way to hold you to that,
Mr. Haller, but it appreciates the offer.
[sighs heavily]
Do you have something to add?
If I may, Your Honor, I'd like to suggest
that the timely administration of justice
would best be served
by allowing this case to continue.
As appellate courts
have consistently held,
decisions like this ultimately come down
to judicial discretion.
Thank you for that reminder, Miss Crane.
This is a complicated decision,
and there are a lot of
competing considerations.
But given that we now have evidence
of the defendant's wishes,
and given that those wishes are
to go forward,
I have decided not to grant a mistrial.
[Lorna sighs]
[judge] Bailiff,
please apologize to the jury
and let them know that we will resume
promptly tomorrow at 9:00 a.m.
Court is adjourned.
One of the first things you taught me.
No judge wants to be reversed on appeal,
and judicial discretion is a big-ass tent.
- Amen to that.
- Yeah.
Now, do yourself a favor.
Throw that tie away.
I love this tie.
All things are temporary. Burn it, Mickey.
[door opens]
No, Vasquez. Lalo Vasquez.
If you had anything about it
What?
Yeah. Yeah, yeah. I will happily hold.
Just as long as you don't
Hello?
Hello?
Oh, hi. Um, Mick is in court.
[Andrea] That's all right.
I'm looking for you.
[Cisco] What is that?
Discovery from my office
in the Lalo Vasquez case.
You're kidding.
[intriguing music playing]
[Cisco hesitates]
Won't you get into trouble?
There's already been a prelim,
and they've turned it all over
to the defense, so probably not.
Honestly, I'm not sure I care anymore.
Wow.
Three dead college kids. All overdoses.
Tox results show fentanyl in the cocaine.
What is it?
[Cisco] Something good.
Something very good. Thank you.
My pleasure.
Just don't get used to it.
[elevator bell dings]
- What's this?
- Research.
I got to thinking.
In all the hubbub about Julian,
the judge never ruled
on De Marco's testimony.
- You have a chance to get it back in.
- Lorna.
What? You said that that video is useless
unless we get it in front of a jury.
She's not gonna let De Marco
testify again.
Not with that attitude, she won't.
Mickey, I'm serious. We have to find a way
to get that video in.
It's all right, Lorna.
I think I have a better idea
how to use it. I'll meet you inside.
[tense music playing]
Mind if I join you?
I have something to show you, actually.
Save it for someone
who gives a shit, Counselor.
I think that someone is you.
You're sick of it, aren't you?
Sick of what?
[Mickey] Just press play.
[music intensifies]
[video plays without audio]
[Mickey] I think you'll agree this is bad.
I didn't go inside with him.
[inhales slowly]
It's not what it looks like.
Oh, it's exactly what it looks like.
[sighs] Here's the thing, Bishop.
I don't care anymore.
I don't care whatever
fucked-up arrangement you two had.
All I care about is saving my client
and bringing this piece of shit down.
It's not that simple.
A woman is dead. My driver is dead.
And now my client might die.
You're a lot of things, Bishop,
but you're not a killer.
Whatever this is, deep down,
I think you wanna make it right.
[scoffs]
Don't show that.
Not in court. Not to anybody.
Well, that depends, doesn't it?
[tense music continues]
Mr. Haller, please call your next witness.
The defense calls Neil Bishop
to the stand.
[music intensifies]
[music fades]
[brooding instrumental music playing]
Deborah Glass. I did not call her, Adam.
Suarez took me off the Scott Glass case.
Ambition can be costly.
Fuck you, Haller.
What else did you learn
from your meeting with Trina Rafferty?
Gloria admitted to her
that she planted the gun.
Objection, hearsay.
On the orders of a DEA agent
named James De Marco.
[De Marco] Your investigator and his wife.
If they wanna know about me,
they should just come and ask.
I'm right here.
We have a new piece of evidence
against De Marco, and it's big.
Bingo.
I will allow Agent De Marco to testify.
I'm keeping you on a very short leash.
[Mickey] Gloria received this subpoena
on the evening of August 3rd.
Forty-one minutes later,
she made that call.
Would you mind dialing the number?
[secretary]
Drug Enforcement Administration.
What about this man wearing a hat?
[Hensley] I think
this man was following her.
The man in the hat was Neil Bishop.
Guy who gave you the coke,
any idea who he was?
Said his name was Hector something.
Uh, Moya?
I'm no rat, Mickey. You know that.
This guy could come after me.
- What if I'm not looking for a drink?
- Parking lot.
James De Marco.
You're under his thumb, right?
- [Eddie] Mr. Haller?
- What?
- [loud crash]
- [Eddie yelps]
If there's one thing I've learned,
you gotta let the ghosts go,
or they will drag you under,
and you'll never
be the lawyer you need to be.
We can't waste more time.
We gotta get him out.
He can't take any more.
[chains clink]
- [blade swooshes]
- [inmate grunts]
[dramatic music playing]
[music ends]
[vibrant music playing]
[water bubbling rapidly]
Walked in the joint
and there was hell to pay ♪
Just lookin' around
It looked like judgment day ♪
Every man I ever owed was in ♪
- [music stops abruptly]
- [mutters in Spanish]
[phone rings]
Hello?
Yeah, this is him.
Wait, what? What are you talking about?
When did this happen?
I'm on my way.
[suspenseful music playing]
[Mickey] Julian's in the hospital.
He was attacked by an inmate.
- Holy shit.
- Oh my God. Attacked how?
All I know is he was stabbed
during the transfer from county.
Wait, how does this happen?
Don't they have, like, guards guarding?
If someone wants you in jail,
they'll get you. How bad is it?
I don't know yet.
I'm on my way to the hospital right now.
Lorna, call Judge Turner's clerk.
Tell them what happened.
See if she'll postpone court
while I get more information.
Will do.
That will buy us time to think about
how to prevent a mistrial.
Wait. A mistrial? What?
Forsythe is going to move
for a mistrial right away.
He knows we're landing with the jury,
and he's going to use this
to try to get a do-over.
That's what I'd do.
Cisco, find out who stabbed Julian.
If there's any connection
to Bishop or De Marco.
- I'm on it.
- You think De Marco's behind this?
[Mickey] I can't prove it,
but it makes sense.
If they take Julian out,
the whole case goes away.
It means we have to start all over.
It means another year in jail for Julian.
Oh my God.
We can't let him get a mistrial.
Lorna, find some precedent.
Trials that continued
without the defendant in court.
If I don't leave now,
I'll be late for the McCrudden hearing,
but we're setting a pretrial,
so it won't take long.
Meet me in Judge Turner's courtroom.
Try to have something to say to her.
Yep, got it.
Izzy, meet me at the hospital.
I can't stay long. I need you there.
I'm on my way.
All right, I'll see you soon.
[sighs heavily]
- [horn beeps]
- [tires screech]
- [Glory] Watch it.
- I see it, I see it.
[Glory] Sure, that's what you always say,
and then you end up with coffee
all over your tie.
You took your eye off the ball.
I covered every base I could think of.
I moved him into protective housing.
Even Hector Moya
said his guys would keep an eye on him.
That's not what I'm talking about.
If you had just told me the truth,
we wouldn't be in this mess.
Ever think about that?
I did what I had to do.
You ever think about why?
Why I felt like I couldn't tell you?
[quietly] Yeah.
It doesn't matter anymore, does it?
The only thing that matters is,
what do I do now?
You should be bringing down De Marco.
I'm trying, Gloria.
There's a process, you know?
There's rules we have to follow.
[Glory] Fuck that.
These assholes don't follow any rules.
Somebody gets in their way,
and they kill them.
And you're letting them get away with it.
[poignant music playing]
I need you, Mickey Mantle.
You gotta get a hit here,
do you understand?
Don't let me be just
another story they tell, huh?
Nail these fuckers for me.
[poignant music continues]
[car horn beeps]
[theme music playing]
I'm very sorry, sir, but he's in custody.
Somebody tried to kill him
and you're worried he'll escape?
We have procedures to follow.
You're not listed as a next of kin, so
But it doesn't This is discriminatory!
No. We treat all married couples the same,
regardless of sexual orientation.
But you and the patient
are not married, Mr. Lyons.
Excuse me, I'm the patient's lawyer.
I'm sure you understand
Mr. Lyons is just worried about him.
Yes. I promise someone will let you know
as soon as we have any update.
Right now, all I can tell you is that
Mr. La Cosse is still in surgery.
If you would please both take a seat.
Of course. Thank you for your help.
Thank you. Come on.
This is insane.
They're just doing their jobs, David.
No. How could somebody stab Julian
and and nobody be around to stop it?
Mickey, he could have died.
Okay? He could still die. Julian
- Do you understand?
- Yes. I'm gonna get to the bottom of it.
I have people looking into it.
You know,
you said you could keep him safe.
And now look where we are.
[judge] Case number BA72539.
People versus McCrudden.
[indistinct chatter]
[judge] BA72539.
Is counsel here?
[background chatter continues]
[judge] Last chance. BA72539.
Going once. Going twice.
Uh, Your Honor,
I see counsel in the courtroom.
- If you'll give me a moment?
- [judge] Please.
Take all the time in the world,
Miss Freemann.
It's not like the rest of us
have anything better to do.
Lorna. Lorna.
- Lorna!
- [Lorna gasps]
Oh shit.
Sorry, I was in the zone.
Did they call my case?
Yes. Three times.
[Lorna groans]
- Everything all right?
- Not really.
Somebody stabbed Julian La Cosse.
I have to argue
in front of that judge next.
Oh my God. I'm so sorry.
It's okay. Thank you for coming to get me.
- Yeah.
- What are you doing here, anyway?
[gasps] Are you on calendar duty?
Unfortunately.
It's a long and depressing story.
Anyway, I really am sorry
about your client.
Let me know if there's anything
I can do to help.
Wanna drop these charges
so I can get out of here?
- I'm not that sorry.
- [judge] Counsel.
Come on. Let's get this over with.
[upbeat music playing]
Excuse me. Watch out. Excuse me!
[music continues]
[music fades]
[officer] Cisco.
I can't tell you shit, okay, man?
Guy stabs another prisoner,
and you wanna protect his privacy?
No. I wanna keep my job.
Besides, I wasn't on duty last night.
As if you're not all talking about this.
And you sit here,
pretending you haven't heard his name
twenty times in the last hour?
What's your point?
[tense music playing]
My job is to find out information,
one way or another.
I either figure out the carrot,
or I figure out the stick.
I don't have time for that now
because we got a client
who might not see tomorrow.
So I am appealing
to your basic humanity, Ramon.
And I very graciously ask you
to give me a fucking name.
[music fades]
[Eddie] You're doing that thing again,
Mr. Haller.
Which thing is that?
[Eddie] Where you blame yourself
for everything that happens
to the other people in your life.
Is that right?
You know, the Buddhists say
that however much the first arrow hurts,
the pain from the second arrow
is always exponentially worse.
What's the second arrow?
The second arrow
is the one you shoot yourself with
to punish yourself for the first one.
Did you get that from your LeBron app?
[Eddie chuckles]
This isn't your fault, Mr. Haller.
Neither is what happened to me.
[Mickey mutters]
I wish I could believe that.
For so long, Maggie's been telling me
the way I do things is too dangerous,
and one day,
it's going to catch up with me.
Only it didn't catch up with me, did it?
It caught up with you.
You're spending too much
of your time and energy feeling guilty
and not enough time figuring out
how to win this case.
Focus, Mr. Haller.
And don't forget to wear your seat belt.
[contemplative music playing]
[music fades]
- [phone bleeps]
- [suspenseful music playing]
Well, you may as well come in with us.
Yeah, okay.
[music fades]
Your Honor, I don't mean to be callous,
but from what I hear, it's touch and go.
And with all due respect,
I think there's no other option
but to declare a mistrial.
Well, the court feels so blessed
that you're here to explain its options,
Mr. Forsythe.
Your Honor, the defense
strenuously objects to a mistrial.
Until we know more about
Mr. La Cosse's condition, it's premature.
Premature? Your Honor,
even if Mr. La Cosse survives,
who knows how long he needs to recover?
Are we just gonna
hold the jury indefinitely?
Judge, I can't say for sure,
but I also think
that it's possible
that whoever stabbed my client
was trying to get a mistrial.
What? Bullshit.
Mr. Bishop, you will mind yourself
in my chambers, understood?
I'm sorry, Your Honor.
But every indication is that
this was likely a hate crime.
Mr. La Cosse is gay.
Unfortunately, you're dealing
with all kinds of inmates in county.
It doesn't take much
to set one of them off.
Do we have any information yet
as to who the assailant was?
Not at this time, Your Honor.
I'm trying to ascertain that.
Impolitic delivery aside, Mr. Haller,
I'm afraid the larger point stands.
There is only so much time
the court can afford to wait.
Maybe we don't have to, Your Honor.
I've been in the hospital all morning,
so with the court's permission,
I'll turn it over to my cocounsel,
Ms. Crane, who can speak to this point.
May it please the court.
It would be the height of prejudice
to declare a mistrial at this time,
not only to Mr. La Cosse
but to the taxpayers of Los Angeles,
who have spent a small fortune
on this case already.
Mr. La Cosse has also spent a substantial
amount of money mounting a defense,
not to mention the enormous physical toll
incarceration has taken on him.
But perhaps most importantly, Your Honor,
Mr. Forsythe and his team
are now privy to the defense's
carefully constructed strategy,
and starting again would give him
an unfair advantage in a new trial.
No more unfair than the advantage
the defense would have
because they have also seen our strategy.
Luckily, we have a remedy
for that situation.
Rule 43 of the Federal Rules
of Criminal Procedure clearly states
that it is possible
for a defendant to be tried in absentia.
While it might often be used
due to some egregious behavior
or the defendant's choice,
there is nothing that precludes us
from applying that rule here.
Sure, and Section 977
of the California Penal Code,
which is what actually
governs trials in this state,
says that the defendant
must be personally present at trial
unless they explicitly
waive that right in writing,
which, obviously,
Mr. La Cosse is in no position to do.
Well, here are cases from jurisdictions,
including California,
where trials have continued
without the defendant present.
Your Honor,
regardless of what these cases say,
continuing this trial while
Mr. La Cosse is in the operating room
is all but granting
an automatic do-over to the defense
in the event of a conviction.
Which is exactly
what granting a mistrial at this juncture
would do for the prosecution,
respectfully.
[judge] Well,
it seems we are at an impasse.
You both made very strong arguments,
which I will take under advisement,
and I will have a ruling for you
after lunch.
Now, if you don't mind, I would like
to enjoy the rest of my tea in peace.
- [Forsythe] Thank you, Your Honor.
- Thank you, Your Honor.
[Bishop sighs]
You couldn't have worn a clean tie.
David?
You're Mr. La Cosse's family?
Yes.
Well, the good news is he's alive,
but he is still in surgery.
How bad is it?
It was more complicated
than we anticipated.
He lost a lot of blood.
He also had severe lacerations
to one of his kidneys.
Unfortunately, we had to remove it.
Jesus.
His heart stopped at one point,
but we got him back
to a stable enough place
where we can proceed.
Is he gonna make it?
It's hard to say right now,
but we're doing everything we can.
I'll find you as soon as
there's any more information.
Thank you, Doctor. We appreciate it.
Thank you.
[emotional music playing]
Julian's a fighter, David.
[sighs] He's so weak
from all this time in jail.
- I'm just not sure he still has it in him.
- He has you.
He knows you're here waiting.
Yeah. Does he?
[music fades]
[phone ringing]
Cisco, what do you know?
The guy who stabbed Julian
is named Lalo Vasquez.
He's in on a murder charge.
Don't have any other details yet.
He has to be connected to De Marco.
I don't know how,
but the whole case might depend on him.
If there's something there, I'll find it.
Might just take some time.
- I'll call you when I know anything.
- All right.
[sighs heavily]
[emotional music playing]
[breathes deeply]
[Andrea] Is this seat taken?
[music fades]
It is now.
How did you find me?
Lorna told me where you were.
I'm sorry about your client.
Is he gonna be okay?
We don't know yet.
I was this close
to winning this thing, Andy.
I gotta believe that's why they did it.
Is there any evidence of that?
Cisco's looking into it,
but he's hitting the bureaucracy wall.
- Listen.
- Look, I
I just wanna say sorry
about the other night.
I was out of line.
I didn't think before opening my mouth.
That may be true, but you were not wrong.
That place is a snake pit.
I should never have trusted Vanessa.
[sighs] I don't know.
Maybe I didn't wanna
keep that secret anymore.
It's hard to hold
somebody's fate in your hands.
Even when there's nothing you can do,
you still feel like it's your fault.
Yeah, except there was something
I could have done and should have done.
Andy, come on. Mistakes happen.
You have to forgive yourself.
Maybe you have to learn
to take your own advice.
[chuckles softly]
Lorna tells me that Suarez
put you on calendar duty.
I want to poke my own eyes out
with a dull pencil.
You'll get through this, and he'll realize
he's wasting one of his best people.
Yeah, maybe.
[poignant music playing]
It's been nice, Andy.
It has.
[sighs]
We both know it's not working out.
Everything is way too complicated
for me right now.
And I don't think either of us
are really good at work-life balance.
That's the real reason
I never let you leave a toothbrush.
[chuckles softly]
Maybe one of these days,
I'll figure it out, huh?
You will.
Believe it or not, Haller,
I have faith in you.
Mickey, you gonna finish that?
It's all yours.
I should get back,
find out if I still have a trial or not.
I'll cross my fingers.
[music fades]
Oh, good, we're all here.
This is quite the dilemma,
and I regret the unfortunate circumstances
that have led us here.
The duty of the court is
to balance the interests of both parties
with the requirements of the law.
- Therefore, my
- [knock at door]
Yes?
Excuse me, Judge.
There's an agent, James De Marco, here
along with an attorney from the DEA.
They say they were ordered to appear,
and I quote, "Their time is limited."
[tense music playing]
Thank you, Claire.
Your Honor, given the difficulty we've had
in trying to serve Agent De Marco,
the defense urges the court
to hear his testimony.
[Forsythe] What? How? Your Honor,
we still have an absent defendant.
While I understand
the court has already ruled
on Agent De Marco appearing,
I still have strong reservations
about the relevance of his testimony.
[Mickey] That's perfect.
We are stuck without a jury
while we wait to find out about my client.
We can hear from Agent De Marco
without the jury as an offer of proof.
That way, even if we have to start over,
the court can finally determine
if his testimony is relevant.
Your Honor, this is highly irregular.
I'm not even prepared
to question this witness.
Why not?
There's been a subpoena issued for him.
You just didn't think
he'd actually show up.
Well, apparently, neither did you.
This will save the court time
in the event of a retrial, Your Honor.
It is a highly efficient use
of judicial resources.
Well, my mother always said
to make hay while the sun shines.
If the agent is here,
let's hear what he has to say.
I will make my ruling
about the mistrial afterwards.
- Thank you, Your Honor.
- [Forsythe] Thank you, Your Honor.
Convenient De Marco shows up to testify
when there may not be a trial anymore.
Ah, a little too convenient.
This guy thinks he's untouchable.
So show him he's not.
Use the surveillance footage
Cisco got from Sterghos's house
in the rebuttal.
- Let him talk his way out of that.
- No, I can't. Not yet.
But why?
This guy thinks
he can get away with murder.
And he's going to get away with it
if we're not smart.
If we show him the video now,
and the judge grants a mistrial,
we'll never get him back,
and the jury will not see it.
Okay. But if you don't show the video,
and Forsythe argues
that De Marco's testimony isn't relevant,
we're not getting him back.
Well, it's a risk we have to take.
Trust me, we wait.
[sighs] Fine. Button your jacket.
[Mickey] Good afternoon, Agent De Marco.
Right back at you, Counselor.
Can you tell us how long you've been
with the Drug Enforcement Administration?
- It'll be 23 years in September.
- [Mickey] 23 years. That's a long time.
And your primary focus
is on foreign drug cartels?
I'd say the primary focus
of the entire agency
is on foreign drug cartels.
I'm sure.
Now, in the course
of your investigations into the cartels,
did you become aware
of a man named Hector Moya?
[De Marco] I'm familiar with Mr. Moya.
He's a shot caller for the Tijuana cartel.
Not exactly what you'd call a Boy Scout.
And do you know where Mr. Moya is now?
Serving a life sentence
in a federal penitentiary, last I heard.
I see. Now, Agent De Marco,
can you please tell the court
how you knew
the victim in this case, Gloria Dayton?
I didn't know her.
No? Because we've heard testimony
that she was your informant.
Is that not true?
It is not true. I never met her.
So, she didn't call you
on August 3rd of last year
to tell you she'd been served
in a lawsuit involving Hector Moya?
Objection. Asked and answered,
Your Honor. Many times.
Sustained.
All right, let's go back to Mr. Moya.
Do you know
how he ended up in federal prison?
He was arrested by the police
here in Los Angeles
in possession of a substantial amount
of cocaine and a firearm.
As I recall, the gun was linked
to a murder somewhere.
It was at that point
that my agency took over the case.
Okay. And that gun enhancement
was what got him a life sentence?
I believe so. Yes.
Now, you're here today, Agent De Marco,
because you received
a subpoena from me in this case.
Did you ever receive a subpoena
from Mr. Moya's lawyers
in a habeas action
to vacate his life sentence?
It's possible.
I get a lot of subpoenas.
The agency's lawyers handle most of them.
Well, this one involved you directly.
Mr. Moya is suing the federal government,
including your agency,
alleging that you framed him
in that arrest.
You're not aware of
Mr. Moya's habeas case?
Mr. Moya is a desperate man.
And this is America.
You can sue anybody for anything.
That doesn't make it true.
The fact is, I had nothing to do
with Mr. Moya's arrest.
The DEA wasn't even involved until later.
Like most prisoners,
Mr. Moya's just throwing stuff
against the wall to see if it'll stick.
Very well.
Turning your attention to this case,
are you familiar with my client,
Julian La Cosse?
Any past experience with him?
No.
What about anybody else on this case?
Do you know the prosecutor, Mr. Forsythe?
No, I do not.
What about Mr. Forsythe's investigator,
Mr. Bishop? He's sitting right there.
Do you know him?
[tense music playing]
I do. A little bit.
Uh, we go back ten years, maybe.
How's that?
[De Marco] He was with the LAPD
at the time.
We crossed paths
on a double murder in the Valley.
There was suspected cartel involvement,
so the police asked the DEA
to consult on the case.
I see. And have you seen or spoken
with Mr. Bishop since that time?
No.
So you haven't consulted with him
about this case?
No.
Have you consulted with anyone else
about this case?
I never heard about this case
until you served me with the subpoena.
So, no. The answer is no.
Okay.
So, going back to the double murder
where you met Mr. Bishop,
did this murder take place
on Montgomery Avenue in Lake Balboa?
I don't recall.
It was ten years ago. Like I said.
And are you familiar
with the name Peter Sterghos?
[Forsythe] Objection. May we approach?
Your Honor, you have already ruled
against Peter Sterghos, whoever he is,
being included as a witness.
Mr. Haller is apparently trying
to circumvent that ruling.
I'm trying to establish
whether this witness knew
that Peter Sterghos
was on our witness list.
He said he's had no contact
with anyone involved in this case.
I'll be introducing evidence
to the contrary.
There's no evidence. This is a sideshow.
In light of an impending mistrial
I will decide whether there will be
a mistrial, Mr. Forsythe, not you.
Mr. Haller, please, wrap it up.
Yes, Your Honor.
Now, Agent De Marco,
did anyone tell you that Peter Sterghos
was a potential witness in this case?
No. I don't know that name.
Okay. Then can you tell the court where
you were last Friday night, May 17th?
I was at an all-night stakeout.
My partner can verify that.
[Mickey] And was this stakeout
on Montgomery Avenue in Lake Balboa?
I'm afraid I'm not at liberty to discuss
ongoing confidential investigations.
Your Honor, I must object again.
Why are we asking questions about
random addresses and random evenings
that have no bearing on this case?
Sustained.
Mr. Haller,
anything else for this witness?
No, Your Honor. Not at this time.
Mr. Forsythe, any questions?
No, Your Honor.
Very well.
Agent De Marco, you're free to go.
- The court thanks you for your time.
- Of course, Your Honor.
- He's lying through his teeth.
- Well, he's pretty good at it.
[hushed chatter]
Your Honor, the People
once again renew our objection
to Agent De Marco's testimony.
None of which was in any way relevant.
And in the event of a new trial,
we would ask that he be struck
from the witness list.
So noted, Mr. Forsythe.
Mr. Haller, do you have anything to add
before I make my ruling?
- Your Honor, I
- [phone vibrates]
Your Honor, this is the hospital calling.
Before we argue further, can I please
have ten minutes to take this call?
You may have five, Mr. Haller.
Thank you.
Izzy, I need an update.
Julian just got out of surgery.
He made it.
Barely.
David's in with him.
- How is he?
- It's touch and go.
The doctors say the next few hours
will tell the story.
But you're telling me he's awake?
What? I I just told you
that he barely survived the surgery.
He's still unconscious.
Izzy, I need you to tell me
that Julian is awake.
Um
[quietly] Mickey, Julian is awake.
Thank you.
[line beeps]
Your Honor, I've just been told
that my client is awake.
What?
With the court's permission, I ask you
to please delay any ruling on a mistrial
until I speak to him.
Your Honor, if
[Mickey] I understand
the People's frustrations and the court's,
but I don't know how long
my client will be in a position to talk.
Time is of the essence here.
Okay, then.
We will take a 90-minute recess.
I want everyone back here at 3:30 sharp.
Thank you, Your Honor.
- [Mickey whispers]
- Okay.
[sighs]
I know what you're gonna say.
Oh yeah? Do tell.
You're gonna tell me
what you'd do in this situation.
Well, I know I wasn't
the best father in the world,
but I was a very good lawyer.
Just makes sense you'd wanna emulate me.
Is that what you think I'm doing?
I don't know.
Whose class ring are you wearing?
You bent every rule there was to bend.
- And you don't?
- I'm talking about outside the courtroom.
I do things my way, not yours, okay?
Legal is there
if I ever need another point of view.
[Mickey Sr.] Of course he is.
Legal always loved to push the envelope
from the safety of his desk,
but I was the one who was out there
actually doing the dirty work.
The truth is he wished
he was as good as I was, just like you do.
[scoffs quietly]
You don't think I'm as good as you?
[Mickey Sr.] I think
we're about to find out.
It's a delicate decision you have to make.
The kind of decision
other lawyers might run away from.
The question is whether you will too.
Because if you really wanna be
as good as I was,
better than I was,
you need to do whatever it takes
to get that "not guilty."
Your client expects nothing less.
Slainte.
Is Julian awake yet?
I'm not sure
what you want me to tell you now.
The truth.
He's in and out. Mostly out.
How is he?
[Izzy] He's doing the best he can.
Yeah.
Can you grab some coffee?
I need to talk to him.
- Yeah.
- Thanks, Izzy.
[David] We should've appreciated it more.
[Mickey] What?
Being healthy.
Happy.
You don't think about dying, you know?
Happens to other people, but
There's no way you could have known
any of this was gonna happen.
That is true about our whole relationship.
I never thought I was gonna settle down.
Wasn't part of the plan.
Well, what happened?
A car accident.
Nothing serious or anything.
You know, this guy in front of me
stopped short, so I ran into him.
And he gets out of the car
and just starts going mental on me.
[scoffs] It was like face is red,
and his arms, like, flailing around.
[laughs] I don't know.
Tried to apologize,
but it seemed so ridiculous.
Yeah. That must have made him
even angrier.
[chuckles] You have no idea.
[David laughs]
I gave him my insurance,
and we traded numbers.
And that night, he texted me,
asked me if we could meet up for a drink
so he could apologize for overreacting.
And that was all she wrote.
[quiet, poignant music playing]
David, uh, I'm afraid
Julian's case is in trouble.
The judge is very close
to granting a mistrial.
That means we have to start over.
In fact, Julian is the only one
who can stop that now.
So I need to talk to him.
Mickey, he's barely alive. You can talk,
but I'm not sure he can even hear you.
You need to trust me now.
You need to let me try.
[music intensifies]
Do whatever you need to do.
- I'm sorry, but I can't let you in there.
- I'm his attorney.
And I respect that,
but I have strict orders.
No one can see the prisoner
except his doctors.
I already let his boyfriend in there,
and I could get in trouble for that.
You listen to me very carefully,
Deputy Henderson.
My client has the right
to consult with his lawyer.
I don't think he's awake.
- Are you a doctor now?
- No, but I've been standing out
You wanna stand in front of a judge
and explain why
you personally denied a man
his constitutional rights?
A man who is a victim of a terrible crime?
A crime that happened
under sheriff's department supervision?
Because if that's what you want,
I can assure you I can make that happen.
Five minutes.
And after that, you're out of there.
Thank you.
- And I'm standing right outside.
- I feel safer already.
[machine beeps steadily]
[tense music playing]
[Mickey] I have a signed waiver
from Mr. La Cosse, Your Honor,
granting his permission
for us to proceed in his absence.
Your Honor,
I have to raise a concern here.
All I'm hearing from the hospital
and from the sheriff's department
is that Mr. La Cosse
is still in critical condition.
[Mickey] He is, Your Honor,
which is why it's even more imperative
that we move quickly.
I was lucky to be there at the right time.
Mr. Forsythe, you could have gone
to the hospital with Mr. Haller
if you were so skeptical.
And Mr. Haller,
you are an officer of the court.
If I take you at your word and find out
there's been anything untoward
There's no need to take my word for it.
Mr. La Cosse's partner was there,
and he has agreed to testify
to the veracity of this signature.
- [bailiff] State your name, please.
- David Henry Lyons.
Do you solemnly state
that the testimony you may give
in the case pending before this court
shall be the truth, the whole truth,
and nothing but the truth?
I do.
[judge] Please be seated, Mr. Lyons.
Mr. Lyons, can you explain to the court
your relationship to the defendant,
Julian La Cosse?
He's the love of my life.
Technically, he's my partner.
We never got married because neither of us
believes in it as an institution, but
I may be changing my thinking on that.
- How long have you been together?
- It'll be nine years this summer.
Were you just with him at the hospital?
I've been with him since I heard
he was attacked while in police custody.
Mr. Lyons, this is a waiver
granting me permission
to continue this trial
in Julian's absence.
Have you ever seen this before?
Yes, you showed it to me at the hospital
after you left him.
And do you recognize
the signature at the bottom?
Yes, it's Julian's.
It's a little messier than usual,
but he'd just been through
seven hours of surgery.
Don't think penmanship
was at the top of his mind.
So you can confirm
that the signature on the bottom
is definitely that of your partner,
Julian La Cosse?
Yes, it is. Definitely.
Thank you, Mr. Lyons.
Mr. Forsythe.
Do you know what the punishment is
for perjury in the state of California?
I can't say that I do.
Well, under the California Penal Code,
perjury is a felony offense,
and it carries a term
of up to four years in prison.
Given that, are you still
confident in your answers,
or would you like to rethink some of them?
No, I would not.
Julian wants this trial to continue,
and I know that
because he told me so himself
before he lost consciousness.
He would tell you that, too,
if he wasn't handcuffed to a hospital bed.
[Forsythe] No further questions.
The witness may step down.
Are there any further arguments
regarding moving forward with the trial?
Your Honor, I wanna reiterate
my strong objection
to continuing under the circumstances.
No matter what happens,
the defense is simply going to use this
to appeal any adverse decision.
Your Honor, previously, you reminded me
that I am an officer of the court.
As such, I can assure you and Mr. Forsythe
that, while I reserve my right to appeal,
it will not be because
my client was not present for trial.
The court has no way to hold you to that,
Mr. Haller, but it appreciates the offer.
[sighs heavily]
Do you have something to add?
If I may, Your Honor, I'd like to suggest
that the timely administration of justice
would best be served
by allowing this case to continue.
As appellate courts
have consistently held,
decisions like this ultimately come down
to judicial discretion.
Thank you for that reminder, Miss Crane.
This is a complicated decision,
and there are a lot of
competing considerations.
But given that we now have evidence
of the defendant's wishes,
and given that those wishes are
to go forward,
I have decided not to grant a mistrial.
[Lorna sighs]
[judge] Bailiff,
please apologize to the jury
and let them know that we will resume
promptly tomorrow at 9:00 a.m.
Court is adjourned.
One of the first things you taught me.
No judge wants to be reversed on appeal,
and judicial discretion is a big-ass tent.
- Amen to that.
- Yeah.
Now, do yourself a favor.
Throw that tie away.
I love this tie.
All things are temporary. Burn it, Mickey.
[door opens]
No, Vasquez. Lalo Vasquez.
If you had anything about it
What?
Yeah. Yeah, yeah. I will happily hold.
Just as long as you don't
Hello?
Hello?
Oh, hi. Um, Mick is in court.
[Andrea] That's all right.
I'm looking for you.
[Cisco] What is that?
Discovery from my office
in the Lalo Vasquez case.
You're kidding.
[intriguing music playing]
[Cisco hesitates]
Won't you get into trouble?
There's already been a prelim,
and they've turned it all over
to the defense, so probably not.
Honestly, I'm not sure I care anymore.
Wow.
Three dead college kids. All overdoses.
Tox results show fentanyl in the cocaine.
What is it?
[Cisco] Something good.
Something very good. Thank you.
My pleasure.
Just don't get used to it.
[elevator bell dings]
- What's this?
- Research.
I got to thinking.
In all the hubbub about Julian,
the judge never ruled
on De Marco's testimony.
- You have a chance to get it back in.
- Lorna.
What? You said that that video is useless
unless we get it in front of a jury.
She's not gonna let De Marco
testify again.
Not with that attitude, she won't.
Mickey, I'm serious. We have to find a way
to get that video in.
It's all right, Lorna.
I think I have a better idea
how to use it. I'll meet you inside.
[tense music playing]
Mind if I join you?
I have something to show you, actually.
Save it for someone
who gives a shit, Counselor.
I think that someone is you.
You're sick of it, aren't you?
Sick of what?
[Mickey] Just press play.
[music intensifies]
[video plays without audio]
[Mickey] I think you'll agree this is bad.
I didn't go inside with him.
[inhales slowly]
It's not what it looks like.
Oh, it's exactly what it looks like.
[sighs] Here's the thing, Bishop.
I don't care anymore.
I don't care whatever
fucked-up arrangement you two had.
All I care about is saving my client
and bringing this piece of shit down.
It's not that simple.
A woman is dead. My driver is dead.
And now my client might die.
You're a lot of things, Bishop,
but you're not a killer.
Whatever this is, deep down,
I think you wanna make it right.
[scoffs]
Don't show that.
Not in court. Not to anybody.
Well, that depends, doesn't it?
[tense music continues]
Mr. Haller, please call your next witness.
The defense calls Neil Bishop
to the stand.
[music intensifies]
[music fades]
[brooding instrumental music playing]