The Closer s03e13 Episode Script
Til Death Do Us Part (2)
So, leaving aside the sudden appearance of the alibi witness Dr.
Schafer always claimed he had.
And that was a very dramatic end to the day's testimony.
It was.
But can we summarize, Dominick, the thrust of the Defense Attorney's cross of Deputy Chief Johnson, because he suggested that the LAPD had provided no physical evidence that Oliver Henry's death was even a homicide.
But Henry didn't die by accident.
So, as the pathologist Dr.
Morales pointed out, "To believe Henry wasn't murdered, "you have to suppose he committed suicide.
"And to believe that, you have to say, "well, Oliver Henry purposely ingested Versed "which is an anesthetic not available by prescription.
" I mean, the Kennedy assassination had less holes in it.
And today we learned about some evidence that had been previously excluded.
And this was very interesting.
A big deal was made about the defendant owning a black BMW convertible, and there having been a black BMW in the victim's driveway on the night of the murder.
And now, some reporters are saying that the LAPD overreacted again by arresting Dr.
Jonathan Schafer for the murder of his wife's divorce attorney, Oliver Henry.
- Have you been following that case at all? - Larry, just what's been on the news.
You know, I think, before we start using words like "overreact," we should really be looking at Well, I think the word "overreact" came up because the doctor always said he had an alibi, that he'd been on a boat trip with a friend during the time of the murder, and today that friend showed up.
Well, then we'll hear what the guy has to say.
But if the police have evidence connecting a specific individual to murder, do you want them to keep it to themselves? Or do you want to present that evidence in court and let the justice system decide? Let me add something, that even though Deputy Chief Johnson did not get a confession this time in this case, I have every confidence that she made the right arrest.
And that she will ultimately prevail Could you turn that off, please? Taylor's throwing you to the wolves.
Or maybe just giving them a map to your body.
So, tough time in court this afternoon, huh? Hey, are you mad at me about something? - I've just had a bad day, is all.
- More like a bad month, honestly.
You know, sometimes, if you're already having a bad day, but you've got, like, more bad stuff stored up, you just get it out all at once.
Say everything that's upsetting you.
Make the bad day really horrible.
So that tomorrow, you know, can only be better.
Okay, you know, I can't fix what I don't know is broken.
You got two DUls in one month, five years ago, and never told me about it.
I had to find out while trying to get our multiple driver discount from the insurance company.
And I'm really upset.
I see.
Do you have a drinking problem? Would if I was drinking.
Okay, I'm in I joined, right after all of that, Alcoholic Anonymous and I am taking care of it.
So I don't look at the drinking thing as an active issue anymore.
How can it not be an issue? You lied to me.
I lied? Wait, how No, how did I lie? You told me that you were allergic to alcohol, but the truth is you're an alcoholic.
I called it an allergy because that is how I think of it.
How could you not tell me you were in AA? Do I have to look up the word "anonymous" for you in the dictionary? I'm not your friend.
I'm not your co-worker.
I'm your fiancée.
And if I'm marrying an alcoholic, then I have a right to know about it.
"If"? If you were getting married? I want an explanation.
I want to know why you withheld this information from me.
- Because if I can't trust you - What? - What? - I don't know.
I don't know.
This is bullshit! I looked everywhere for this guy and he was nowhere to be found.
Well, he shouldn't be too hard to locate anymore, Lieutenant.
He's sitting in one of your interview rooms right now, where, I assume, even you can find him.
Unless we can prove this Eugene "Topper" Barnes is lying about Dr.
Schafer's whereabouts on the night Oliver Henry was murdered, this case is over.
I still have to interview Mr.
Barnes.
And I have serious doubts that this alibi of Dr.
Schafer's is going to hold up.
Chief Pope, I would like to interview Eugene Barnes myself.
- Really.
- Yes.
Really.
I'm the public face of this trial.
I'm sick and tired of getting black eyes because of her mistakes.
Mr.
Garnett, do not speak about me like I'm not in the room.
Okay.
Hold on.
Hold on.
Let's say, for the sake of argument, Garnett, that you do interview this witness and you actually gain information useful to this case.
Are you, then, prepared to be called to the stand by Schafer's defense attorney, and turn your case over to another prosecutor? Because that is, of course, what could happen.
You are more than welcome, sir, to observe my interview in our electronics room.
Chief Johnson will even wear an earpiece so that if you believe she's missed something, you can relay your question to her.
Fine.
I'm telling you, Chief, he's the right guy.
I don't care what this Topper Barnes guy says.
Well, the jury will care, Lieutenant.
They will care very much.
If we can prove that the defense purposely held Mr.
Barnes back from us, then, maybe, we can get a mistrial.
Of course they held him back.
Why else wouldn't they tell us that Topper's real first name was Eugene? Lieutenant Tao, what do you have for me? Mr.
Eugene a.
k.
a.
Topper Barnes's statement matches up with what Dr.
Schafer claims.
They were on a four-day sailing trip.
Topper's criminal file.
A couple of drug busts.
And an inconclusive assault charge.
I think that might help.
Yes, it will.
It will help very much.
Thank you.
- Buzz, can I have an earpiece, please? - Yes, ma'am.
Mr.
Garnett wants to assist me.
Thank you.
Now, if there's something that you'd like to know, please relay your question to me quietly.
Thank you so much.
Have a seat.
Mr.
Barnes.
Hi.
So, do I have to talk to you guys? Absolutely not.
But I'd really like to hear about your sailing trip with Dr.
Schafer, because there's nothing worse than putting the wrong man on trial.
Especially for murder.
And around here, we like to learn from our mistakes.
Yeah.
Well, you guys should be geniuses, then.
All the mistakes you make.
So, I guess you'll hear what I have to say on Monday then, huh? It was nice meeting you.
What is she doing? He can't leave.
He can't leave.
You know, I couldn't help but notice that you've been under arrest four times for possession of a controlled substance.
And that you've been convicted of drug dealing.
And that you have an outstanding assault charge from two years ago.
And I did my time for the dealing.
- And that assault charge was dropped.
- No, it wasn't.
The victim, a Mr.
Robert Grimes, refused to press charges.
But Mr.
Grimes is in prison now.
And I bet, if I offered to make his life a little easier, he'd help me out by reinstating the assault charge.
And then you could sit here and talk with me all night because you'd be under arrest for another felony.
Or you could sit right back down.
I'm just gonna tell you the same thing I told Jonathan's attorney, Mr.
Cordry.
As it turns out, that's exactly what I want to hear.
Well, all right, darling.
What do you want to know? Where's he been? Chief? Mr.
Garnett wants you to ask Mr.
Barnes where he's been.
I guess my first question is, were you aware that you were withholding valuable information from a murder trial? I didn't even know there was a trial.
I was out of the country.
Where? Where? Really? Where? Mexico.
I got a place about 50 miles north of Cabo.
It's really nice.
I spend most of my time down there.
- Doing what, exactly? - I have a boat.
Yes, we've heard about your boat.
The Super Plum.
- The Sugar Plum.
- See, that's another mistake we made.
Dr.
Schafer must have gotten the name wrong.
He should take a look at his eye chart.
Would you please just tell her to ask why the hell he just happened to be in town? Mr.
Garnett wants you to ask Mr.
Barnes why the hell he just happened to be in town? Sorry.
What's she doing? What are you doing? So tell me, Mr.
Barnes, what do you do 50 miles north of Cabo? You know, I got a little charter business.
You know, I take tourists out fishing now and then.
I don't need much down there.
You know, the drinks are cheap.
- And so are the women.
- And how do you know Dr.
Schafer? From college.
We were in the same fraternity.
So you two are close.
Yeah, we stayed friends, and every time I come up the coast, I stop here, I give him a call.
See if he's too successful to come play with me.
And that's what you did the last time you were in town? You called him up and invited him on your boat? Yeah, yeah.
We went down to Ensenada for a few days, you know.
Fishing and drinking beer.
The usual stuff.
I'm unfamiliar with the usual stuff.
Could you describe it? You know what? It's your lucky day.
I have video.
That's our trip to Ensenada right there.
Next best thing to being there.
Knock yourself out.
It's gonna come up.
He's still taking the line.
I can't put anymore drag on him.
I'm gonna break the line with anymore drag.
It's going.
Yeah! You go in there to break Schafer's alibi, you wind up making it stronger.
Pretty big deal.
I told you, pal.
I told you.
Chief Johnson, I think we need to accept the fact that Dr.
Schafer may be innocent.
I don't.
Lieutenant Flynn and Provenza, follow up, please, on Mr.
Barnes.
Make sure that he really has been out of the country all this time.
Lieutenant Tao and Buzz, I need you to make sure that this video is genuine.
And Detective Sanchez, check out those boats, please.
Find out who Wait a minute.
What is it, Chief? Who was holding the camera? Someone was videotaping you.
You know, when I go out, I just hire these local guys right off the dock.
There's a million of them.
This kid's name, he I don't know, Carlos? I'd never seen him before.
I paid him cash.
As soon as we docked, he took off.
Nothing illegal there.
Why didn't Dr.
Schafer tell us about Carlos? Two alibi witnesses are better than one.
I don't know.
Maybe he didn't remember his name.
- And where is Carlos now? - I don't know.
I told you, he took off as soon as we docked.
You want to go down to Cabo, I'll sail you down there.
We'll go on a Carlos hunt.
Just you and me.
It'll be fun.
You don't even want to say hello? Hello.
I'm tired.
And I have to go straight back to work.
So, now is not a good time.
That's all right, 'cause I don't have a lot to say.
I got both the DUls you were asking about in my own car, off the clock.
And after the second one, I went directly to my office, I reported what happened and put myself in rehab.
Which saved my job.
Maybe my life, too.
Is that why Elaine divorced you? - The drinking? - Her name is Cindy.
My ex-wife's name is Cindy.
Okay? I don't even know anyone named Elaine.
And Cindy's another story.
The reason I never told you I was an alcoholic is because I don't want you to be concerned or worried about something that is basically my problem.
The way I look at it, that part of my life, the drunken part, is over.
See, being an alcoholic is not such a bad thing, as long as you don't pour yourself a drink.
Maybe you feel differently about that.
But you had a lot of nerve, Brenda.
Calling me a liar.
A lot of nerve.
What's that supposed to mean? It means it's funny being accused of being dishonest by someone who lies all the time.
- I do not lie all the time! When? - You lie all the When? You lie to your parents.
In fact, you lie to your parents so much we had to have an extra phone line installed for over a year so they wouldn't know I was living here.
You lie to Pope constantly about what you do at work.
You lie to me now when you say you're going to do something, like look for a house, when you know you're not.
You lied when you said you put this place on the market.
You promised you'd do that three months ago and never did.
That is not a lie.
It's just I get busy, that's all.
- It's not the same thing! - You know, you're right.
It's not the same thing.
You and I, we have different flaws, Brenda.
But I have been more, I have been more than patient with yours because I am pretty aware of how bad mine are.
But for you to say that you don't trust me? To suggest that our whole relationship is on the line because of mistakes I made before we started dating? You throw the word "if" at me, while you're wearing that ring? Okay.
That's as much of an explanation as I have right now.
I hope it's enough.
- Chief? - Yes? The alibi holds up.
No filters.
No layers.
Nothing but hand-held video.
And the location where they are in this Sorry.
The location where they are in this shot is just off the coast of Ensenada, Mexico, between the hours of 2:00 and 4:00 p.
m.
Pacific Standard Time on the day of the murder.
How can you be so sure? Do you see that cruise ship in the background, Chief? That's the Pacific Western.
It only docks in Mexico twice a year.
The fact that it is heading out to sea verifies time, date and location.
It's almost as if Dr.
Schafer knew he was going to need an alibi when this video was taken.
Oh, and I checked into Mr.
Barnes' charter company.
It's for real.
Eugene's Boat Service.
Based out of Cabo San Lucas.
And it's seasonal, like he said.
Detective Daniels, what do you have for me? The FLARPL.
They're usually issued when there's a question how the attorney will be paid.
And Dr.
Schafer is a highly-successful ophthalmologist.
Yeah, so why would his wife's attorney need to put a lien on their house? I don't know.
I can't explain where the money from his practice goes.
He doesn't seem to take anything from his business, really.
I feel like I haven't done my best on this case, and I don't know why.
- I'm sorry.
- That's okay.
We all make mistakes.
Maybe I Maybe I made a really big one.
In fact, the only person I've run into all week who seems to have a good explanation for everything, is Dr.
Schafer.
All right, Detective Daniels, Valerie Henry said that the victim's billing information wasn't privileged.
So, see if you can get a hold of that FLA - FLARPL for me, please.
- It's a public document.
I can't get it until Monday.
Or, Mrs.
Henry might be able to help us.
I have the financial files.
What would you like to know? Your husband asked for and received a FLARPL.
But Dr.
Schafer's a wealthy man.
A judge could have ordered him to write a check for his wife's attorney fee.
Yes, usually that's what Ollie would have recommended.
But it turns out, not surprisingly since he was having an affair, that the Schafers bank accounts were nearly empty.
So, Ollie did a little investigating and he found out that the doctor had, a couple of years ago, put a lot of money into a second home.
- So, he put a lien on that residence - I'm sorry.
A second home? In LA, too.
Very close to his primary residence.
Isn't that odd? And then when Dr.
Schafer found out about the lien on that residence, he hit the roof.
Threatened Ollie.
- And your ex-husband told you that.
- Oh, no, no.
Ollie took privilege seriously.
And he didn't want me to worry about threats.
No, I was there.
Dr.
Schafer came into the office.
And the only other thing I can tell you is that Mrs.
Schafer asked Ollie to take her to this new house and he did.
But around that time Ollie and I had an argument about the dogs and we And we never spoke again.
It looks like Mrs.
Schafer paid us by cashier's check two days before Ollie died to get the FLARPL removed.
And he released the lien? Well, he probably would have that Monday, but he died.
Or was murdered.
And if he was, then it's my fault.
Because if I hadn't filed for divorce from Ollie, he never would have been alone in the house that night, and he never would have made it to the bottom of that pool.
And here I am, living with everything we've ever owned and it means nothing.
Because I don't have him.
If I had just If I "If" is a very hard word to live with.
But you're living here again? Your ex-husband never changed his will? Yes.
Well Yes, I guess he was a bit neglectful of his personal papers.
Or maybe he wanted you to have this place.
That, in spite of everything, he still loved you.
Maybe.
I guess.
All right.
Dr.
Schafer's other property, the one the FLARPL was issued against, is in Westwood.
How is it that we're just hearing about this property now? I've been through the Schafer's finances and nothing like this came up.
It wouldn't because it's not in the Schafers' name.
It's owned by Jonathan Schafer's practice.
Listed as a second clinic.
But it's not in an area zoned for business.
- And the address? - 2501 Partridge Drive.
Lieutenant Flynn.
Fancy meeting you here.
Chief, you have no idea.
Hey, Chief.
Every room in the house is like this.
There must be close to 4,000 plants here.
I'm telling you, this much marijuana has got to be worth 10, 12 million dollars.
And how did following up on Mr.
Eugene Barnes lead you here? Well, guess who gets his mail delivered to 2501 Partridge Drive? Utility bills.
Bet they're using an awful lot of electricity to run all this equipment.
And, gee, I wonder what Mr.
Barnes uses his boat for in the off season? Oh, for heaven's sakes.
- Mrs.
Schafer, is your husband home? - What is this about? - I have a search warrant for your house.
- What the hell is going on here? And an arrest warrant for you, sir.
Jonathan Schafer, you are under arrest for the cultivation of and possession to sell marijuana.
You have the right to remain silent.
Anything you say can and will be used against you.
- Jonathan, what is going on? - Call Cordry.
- Have him meet me downtown.
- Daddy? - It's okay, honey.
- Don't lie to your daughter.
Did you hear and understand these rights? Yes.
Kristen, have Cordry meet me.
- Honey, go to your room right now.
- Lieutenants Flynn and Provenza? - Arrest Mr.
Topper Barnes? - Lf you would, please.
Our pleasure, Chief.
No, thanks.
Sit down, all right? Sit down.
Let's just sit down.
Relax He's very good at what he does.
The best thing to do is not to say anything.
Mr.
Cordry.
Dr.
Schafer.
Topper.
Your actions today are those of a desperate individual.
First, you arrest the wrong man for the murder then you compound that error by arresting Topper Barnes.
Sir, are you aware that Dr.
Schafer here owns a house containing worth approximately $12 million? He's an agricultural tycoon.
Deputy Chief Johnson, I know what you're doing.
Schafer's going back to jail without bond.
He's gonna stay there, too.
Let his jerk lawyer explain why his client is entering the courtroom through the prison door.
And your other client, Mr.
Barnes, here, was his gardener.
So it seems to me that you have a very big problem.
He's an ophthalmologist.
Medical marijuana is legal in California.
I use it for glaucoma and cataracts.
Well, judging by the amount of pot you have on hand, sir, you must be bracing for an epidemic.
Sergeant Gabriel, let's get Garnett in here.
I believe we have our motive.
Dr.
Schafer here may have set you up by having you register the utilities at his house in your name? Maybe he'll claim you were renting the place.
Don't listen to her, Topper.
Allow me to excuse your ignorance, ma'am, by pointing out that medical marijuana is available by prescription Please! Jonathan, let me handle this.
Just because my client owns a house in which marijuana was cultivated, does not make him a killer.
And none of this, by the way, is admissible in the current trial.
The fact that the victim put a lien on your client's house, a house containing over $12 million of marijuana, just might be of interest to the judge.
Well, we'll see about that.
Wait a second.
Take it back a few frames.
Yeah, I saw it, too.
- It was right about - Stop, stop, stop.
- Is that her? - Let me enhance this.
Doesn't look like a Carlos to me.
Who's that in the reflection? Do we know her? Yeah.
That's Schafer's ex-girlfriend.
Though I'm beginning to doubt about how "ex" she is.
A direct violation of their constitutional rights.
So, I'm not under arrest? Or do I need a lawyer? No, you are not under arrest and you don't need a lawyer.
Because, fortunately for you, lying to the police is not against the law.
We just want to straighten a few things out.
Have you tell us the truth this time, since we already know most of it.
How about that? Have a seat, if you would, please.
But I knew Jonathan was innocent.
And he promised me that you'd figure that out in the end.
Then why not tell us that you were on the boat with Dr.
Schafer from the very beginning? I mean, you could have been his alibi when we couldn't find Topper Barnes.
Jonathan asked me not to say anything about being on the boat with him.
He thought my getting all wrapped up in a murder investigation, that it would hurt my career.
The scandal.
We all know how horrible scandal is for an aspiring actor's career.
No.
I don't think that Jonathan Schafer was trying to protect you, Michelle.
- At all.
- He was, though.
He was.
And he's innocent.
He was with me when that attorney was murdered.
But if you were on the boat, how come you're not in the video? I mean, other than the reflection? Jonathan told me to just hold the camera and not say anything which was fine with me.
Anything to keep the relationship going, I guess.
I mean, the whole weekend was a surprise, anyway.
- A surprise? - Yeah.
I found out that morning when Jonathan showed up at my apartment.
He told me to pack and then we went to the marina.
- In your car? - No.
Jonathan took me Are you sure? Jonathan picked you up and took you to the marina? Marina del Rey.
Okay.
Thank you, Michelle.
Oh.
Okay.
Did I clear things up for you, then? Yes, you certainly did.
- Thank you.
- Thank you.
Chief, we received the security photos from the Marina parking lot and we got a match.
Lieutenant Tao has them in the electronics room.
- Oh, for God sakes! - Thank you, Detective.
- We're trying to solve this problem.
- You're not trying to do anything.
- Ma'am, you need to calm down.
- Don't tell me to calm down.
I have been sitting here for over two hours, waiting to talk to somebody.
Well, I'm just that somebody.
How can I help you? I went to post bail for my husband and I was told that you and that horrible district attorney requested no bond.
That's true, and I was hoping you were going to come in so I could explain things to you.
The judge already decided that my husband was not a flight risk, so That was for the murder.
That was before the court knew about the $12 million worth of marijuana growing at your husband's Westwood house.
Now, his flight risk status has changed.
So, Sergeant Gabriel, would you please escort Mrs.
Schafer to the electronics room? Thank you.
And I'll be right there to straighten things out.
- This way, please.
- Thank you.
Mr.
Garnett.
Perfect timing.
- Deputy Chief Johnson, is it true? - Is what true, sir? Did you place Michelle Edwards on the same boat as Dr.
Schafer, the weekend he supposed to have murdered Mr.
Henry? - Well, yes, it is.
- Congratulations.
You've confirmed the alibi of the defendant, as well as the two people most likely to have assisted him.
You know, honestly, I've come to believe this case should be dismissed because you arrested the wrong man.
I have not arrested the wrong man.
And before you dismiss the charges, you might want to hear the confession.
- Besides, I need you to make a deal.
- A confession? Are you crazy? Cordry's never gonna let Schafer talk to you.
Do you want to win your case, or not? Come with me, sir.
Mrs.
Schafer, I'm so sorry to keep you waiting.
Would you like a tissue or something to eat? No.
I just I just want my husband home and I have to go.
I couldn't find a sitter.
And my daughter, Beverly, she's been home alone for over two hours now.
Well, let me relieve your mind about one thing, because Beverly's here with us.
And we are keeping her very safe.
What is Beverly What are you doing with my daughter? We're just asking her a few questions.
Tell me, ma'am, do you ever borrow your husband's car? - No.
- Really? Because Beverly remembers things differently.
She says that Jonathan drove your car to the Marina the weekend Oliver Henry was killed.
These pictures were taken from a parking lot security camera in Marina del Rey two days before your attorney was murdered.
This is your car entering the lot.
Yes? The vanity plates say Mrs.
Eyes.
Same security camera, four days later.
Your car exiting the lot.
And it clearly shows your husband paying the cashier.
So, if Jonathan was driving your car, the question is, which car were you driving? Or maybe it's like Beverly says, "Mommy was driving Daddy's car.
" What's going on here? Mrs.
Schafer filed for divorce with a fine, upstanding attorney.
A decent guy.
A former Eagle Scout.
And he went after her husband, trying to find where he might have hidden his resources.
And he discovered a second residence.
And what did you find, Mrs.
Schafer, at that second home? You know.
I mean, you know already.
I thought that we were doing so well because Jonathan was a great doctor.
I had no idea that our money was coming from selling drugs.
And Mr.
Henry said, "This is great.
"Your husband's involved in a criminal enterprise.
"You're gonna get sole custody of your daughter.
"And, after the government confiscates his property, "you'll get everything that's left.
" But "everything" didn't turn out to be so much, did it, Mrs.
Schafer? - Oh, my God.
They did it together.
- Just Sergeant Gabriel.
Kristen Schafer, you have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney, if you cannot afford an attorney, one will be appointed to you by the court.
Mrs.
Schafer, do you understand your rights? I understand.
I don't know if I want to say anything.
Well, before you invoke your right to counsel, I wanna offer you something.
If Mr.
Garnett will agree.
Because, without your testimony on Monday, your husband is going to be found not guilty.
And you, unfortunately, will end up on death row.
So, you have a choice to make tonight.
Between life and death for you or your husband.
And I want you to take a look at your daughter on the monitor.
- No, not - Because if you tell me the truth Well, you might miss Beverly growing up and getting married.
But there is a chance that you could hold your grandchildren in your arms one day.
So, she killed Henry.
She murdered her own attorney.
It wasn't her idea.
It was her husband's.
He planned it, and he gave her the Versed.
- Isn't that right, ma'am? - Why would she do that? Because when Mrs.
Schafer went to give Mr.
Henry a cashier's check so he would release the lien on her husband's house, he told her that he was obligated to call the police.
And the millions of dollars that she expected to get from her divorce settlement just disappeared.
Didn't it? There would be no alimony, no child support No, Jonathan and I were not getting a divorce.
We made up.
I paid Mr.
Henry what I owed him and that is the end of the story.
You can't prove anything against Jonathan.
Without your testimony, that's probably true.
But I can prove that you murdered Oliver Henry.
And after your husband is acquitted, I fully expect him to testify against you.
He won't.
And anyway, he can't.
Spouses can't testify against each other.
Except in cases of conspiracy to commit murder, ma'am.
That's a pretty big exception.
One you can count on me to exploit.
Call me.
And I'll plead the Fifth.
And Jonathan will never say a word against me.
Not a word.
Oh, I think he might.
Have you ever seen your husband's alibi video? Have a seat, ma'am.
Sorry, ma'am.
Looks like your husband brought a guest on board.
- Does she look at all familiar to you? - Oh, my God.
Oh, my God.
What do you want me to say? Was killing Mr.
Henry your idea or your husband's? It was Jonathan's.
Second degree murder.
Possibility of parole.
If you tell the complete truth at your husband's trial on Monday.
And for Jonathan? You'll go for the death penalty? I'll definitely ask.
Jonathan threatened Oliver.
And he made sure that people knew about it.
And then he left town.
He even took my car so that I could use his to go over to Mr.
Henry's that night, so if people ended up thinking it was a murder they'd believe that Jonathan had been there himself.
He'd be a prime suspect with a rock-solid alibi.
While you, who have no reason to want Oliver Henry dead, would murder him.
Yes.
How did you do this? I went to Mr.
Henry's house slightly hysterical about how I was going to live without any money.
And I had the Versed my husband had given me.
Mr.
Henry offered me a drink to calm down.
And he had one, too.
And then I called Mr.
Henry from my husband's cell, which I had in my purse.
And when Mr.
Henry got up to answer his phone, I put the Versed in his drink, just like Jonathan told me to do.
I tried to get him up and outside.
I carried him part of the way, balancing him on my shoulder.
But he was heavy and he fell.
First to his knees and then I dropped him and he hit his head.
And then I dragged him the rest of the way.
And did you push him into the pool? Yes.
- Did he struggle to get out? - No.
Why, Mrs.
Schafer, why did you do this terrible thing? Because Jonathan said that I had to.
My husband told me that we would lose everything and go to jail if we didn't do it.
And that if I would just trust him we could go back to the life we used to have.
Thank you, Mrs.
Schafer.
Your witness.
Your Honor, we request a recess of one hour in which to consider how to respond to this testimony.
Take two hours, Counselor.
This court will recess until 3:00 this afternoon.
Some bubbly! Sergeant, you're going to have to skip me.
I'm going to stick with my usual cranberry and soda.
- No champagne? - Here, take a look at this.
- I wear this all the time.
Ten years in AA.
- Oh, you're kidding.
Well, you see, Chief, when I used to drink, - I could be a little bit of an asshole.
- Imagine that, if you can.
- That's what I'm talking about.
- Sergeant, just a little for me.
If I drink too much, women take advantage of me.
- Give me my ring.
- For me, just a drop, Colonel.
Just a drop.
- Serious headache.
- You guys are so full of it.
This is good stuff.
Here, pour me their shares.
Drink up, Lieutenant.
I can give you a ride.
You're on my way home.
Well, in that case, pour me Flynn's share, too.
Fine with me, baby.
- Chief? - Thank you.
Okay, we're all ready.
Sergeant Gabriel, you should make the toast.
It'll be good practice, in case he ever decides on a career where public speaking is necessary.
- Sergeant! - Let's go, Sergeant.
Let's go.
Come on, Sergeant.
And don't hold back.
- We already know you're a suck up.
- Oh, yes, thank you, Lieutenant.
That's very helpful.
Okay.
For keeping the team together, despite some pretty hefty pressure.
And for trusting her instincts.
About us, too, by the way.
And for how she always works so hard to get her man.
I say, "Hail to the Chief.
" - The Chief! - The Chief! Well, that was Well, y'all are a little bit like A little like my own Oh, for heaven's sakes.
Thank you and right back at you.
All of you - Cheers.
- Cheers.
Now, Gabriel, send the rest of that bottle over here.
- Oh, yes, of course.
- Thank you.
I've got me a ride home.
I can't get Gary "doesn't lie" Novak stopped by.
Apparently you put the house on the market.
Well, you have to do that to sell it.
Apparently.
Though, where we'll go after that, I have no idea.
Since we haven't been able to find anything we can afford.
And, honestly, the idea of strangers walking around my stuff bothers the living daylights out of me.
And I thought I said that we would wait and sell this place after we found something else and were moved out.
But I guess that's not what I said.
I'm sorry we fought.
I'm sorry I didn't tell you about the drinking.
And I'm sorry.
I'm sorry I said all of that about you.
No.
No.
I'm not always straightforward.
You were right about that.
And I don't always know the right thing to say so I say the thing I know the other person wants to hear.
It's an occupational hazard.
And I miss chocolate so much.
I just think I'm going crazy every time I pass a vending machine.
It's a physical thing.
It's a very, very physical reaction I have.
So physical that, sometimes, I don't know what to do.
It's possible I could help you with that.
If you want.
I don't know.
Because I want a Ho Ho in the worst way possible.
I don't have a Ho Ho, but I do happen to have a sugar-free That's not sugar-free.
Now you're lying again.
English
Schafer always claimed he had.
And that was a very dramatic end to the day's testimony.
It was.
But can we summarize, Dominick, the thrust of the Defense Attorney's cross of Deputy Chief Johnson, because he suggested that the LAPD had provided no physical evidence that Oliver Henry's death was even a homicide.
But Henry didn't die by accident.
So, as the pathologist Dr.
Morales pointed out, "To believe Henry wasn't murdered, "you have to suppose he committed suicide.
"And to believe that, you have to say, "well, Oliver Henry purposely ingested Versed "which is an anesthetic not available by prescription.
" I mean, the Kennedy assassination had less holes in it.
And today we learned about some evidence that had been previously excluded.
And this was very interesting.
A big deal was made about the defendant owning a black BMW convertible, and there having been a black BMW in the victim's driveway on the night of the murder.
And now, some reporters are saying that the LAPD overreacted again by arresting Dr.
Jonathan Schafer for the murder of his wife's divorce attorney, Oliver Henry.
- Have you been following that case at all? - Larry, just what's been on the news.
You know, I think, before we start using words like "overreact," we should really be looking at Well, I think the word "overreact" came up because the doctor always said he had an alibi, that he'd been on a boat trip with a friend during the time of the murder, and today that friend showed up.
Well, then we'll hear what the guy has to say.
But if the police have evidence connecting a specific individual to murder, do you want them to keep it to themselves? Or do you want to present that evidence in court and let the justice system decide? Let me add something, that even though Deputy Chief Johnson did not get a confession this time in this case, I have every confidence that she made the right arrest.
And that she will ultimately prevail Could you turn that off, please? Taylor's throwing you to the wolves.
Or maybe just giving them a map to your body.
So, tough time in court this afternoon, huh? Hey, are you mad at me about something? - I've just had a bad day, is all.
- More like a bad month, honestly.
You know, sometimes, if you're already having a bad day, but you've got, like, more bad stuff stored up, you just get it out all at once.
Say everything that's upsetting you.
Make the bad day really horrible.
So that tomorrow, you know, can only be better.
Okay, you know, I can't fix what I don't know is broken.
You got two DUls in one month, five years ago, and never told me about it.
I had to find out while trying to get our multiple driver discount from the insurance company.
And I'm really upset.
I see.
Do you have a drinking problem? Would if I was drinking.
Okay, I'm in I joined, right after all of that, Alcoholic Anonymous and I am taking care of it.
So I don't look at the drinking thing as an active issue anymore.
How can it not be an issue? You lied to me.
I lied? Wait, how No, how did I lie? You told me that you were allergic to alcohol, but the truth is you're an alcoholic.
I called it an allergy because that is how I think of it.
How could you not tell me you were in AA? Do I have to look up the word "anonymous" for you in the dictionary? I'm not your friend.
I'm not your co-worker.
I'm your fiancée.
And if I'm marrying an alcoholic, then I have a right to know about it.
"If"? If you were getting married? I want an explanation.
I want to know why you withheld this information from me.
- Because if I can't trust you - What? - What? - I don't know.
I don't know.
This is bullshit! I looked everywhere for this guy and he was nowhere to be found.
Well, he shouldn't be too hard to locate anymore, Lieutenant.
He's sitting in one of your interview rooms right now, where, I assume, even you can find him.
Unless we can prove this Eugene "Topper" Barnes is lying about Dr.
Schafer's whereabouts on the night Oliver Henry was murdered, this case is over.
I still have to interview Mr.
Barnes.
And I have serious doubts that this alibi of Dr.
Schafer's is going to hold up.
Chief Pope, I would like to interview Eugene Barnes myself.
- Really.
- Yes.
Really.
I'm the public face of this trial.
I'm sick and tired of getting black eyes because of her mistakes.
Mr.
Garnett, do not speak about me like I'm not in the room.
Okay.
Hold on.
Hold on.
Let's say, for the sake of argument, Garnett, that you do interview this witness and you actually gain information useful to this case.
Are you, then, prepared to be called to the stand by Schafer's defense attorney, and turn your case over to another prosecutor? Because that is, of course, what could happen.
You are more than welcome, sir, to observe my interview in our electronics room.
Chief Johnson will even wear an earpiece so that if you believe she's missed something, you can relay your question to her.
Fine.
I'm telling you, Chief, he's the right guy.
I don't care what this Topper Barnes guy says.
Well, the jury will care, Lieutenant.
They will care very much.
If we can prove that the defense purposely held Mr.
Barnes back from us, then, maybe, we can get a mistrial.
Of course they held him back.
Why else wouldn't they tell us that Topper's real first name was Eugene? Lieutenant Tao, what do you have for me? Mr.
Eugene a.
k.
a.
Topper Barnes's statement matches up with what Dr.
Schafer claims.
They were on a four-day sailing trip.
Topper's criminal file.
A couple of drug busts.
And an inconclusive assault charge.
I think that might help.
Yes, it will.
It will help very much.
Thank you.
- Buzz, can I have an earpiece, please? - Yes, ma'am.
Mr.
Garnett wants to assist me.
Thank you.
Now, if there's something that you'd like to know, please relay your question to me quietly.
Thank you so much.
Have a seat.
Mr.
Barnes.
Hi.
So, do I have to talk to you guys? Absolutely not.
But I'd really like to hear about your sailing trip with Dr.
Schafer, because there's nothing worse than putting the wrong man on trial.
Especially for murder.
And around here, we like to learn from our mistakes.
Yeah.
Well, you guys should be geniuses, then.
All the mistakes you make.
So, I guess you'll hear what I have to say on Monday then, huh? It was nice meeting you.
What is she doing? He can't leave.
He can't leave.
You know, I couldn't help but notice that you've been under arrest four times for possession of a controlled substance.
And that you've been convicted of drug dealing.
And that you have an outstanding assault charge from two years ago.
And I did my time for the dealing.
- And that assault charge was dropped.
- No, it wasn't.
The victim, a Mr.
Robert Grimes, refused to press charges.
But Mr.
Grimes is in prison now.
And I bet, if I offered to make his life a little easier, he'd help me out by reinstating the assault charge.
And then you could sit here and talk with me all night because you'd be under arrest for another felony.
Or you could sit right back down.
I'm just gonna tell you the same thing I told Jonathan's attorney, Mr.
Cordry.
As it turns out, that's exactly what I want to hear.
Well, all right, darling.
What do you want to know? Where's he been? Chief? Mr.
Garnett wants you to ask Mr.
Barnes where he's been.
I guess my first question is, were you aware that you were withholding valuable information from a murder trial? I didn't even know there was a trial.
I was out of the country.
Where? Where? Really? Where? Mexico.
I got a place about 50 miles north of Cabo.
It's really nice.
I spend most of my time down there.
- Doing what, exactly? - I have a boat.
Yes, we've heard about your boat.
The Super Plum.
- The Sugar Plum.
- See, that's another mistake we made.
Dr.
Schafer must have gotten the name wrong.
He should take a look at his eye chart.
Would you please just tell her to ask why the hell he just happened to be in town? Mr.
Garnett wants you to ask Mr.
Barnes why the hell he just happened to be in town? Sorry.
What's she doing? What are you doing? So tell me, Mr.
Barnes, what do you do 50 miles north of Cabo? You know, I got a little charter business.
You know, I take tourists out fishing now and then.
I don't need much down there.
You know, the drinks are cheap.
- And so are the women.
- And how do you know Dr.
Schafer? From college.
We were in the same fraternity.
So you two are close.
Yeah, we stayed friends, and every time I come up the coast, I stop here, I give him a call.
See if he's too successful to come play with me.
And that's what you did the last time you were in town? You called him up and invited him on your boat? Yeah, yeah.
We went down to Ensenada for a few days, you know.
Fishing and drinking beer.
The usual stuff.
I'm unfamiliar with the usual stuff.
Could you describe it? You know what? It's your lucky day.
I have video.
That's our trip to Ensenada right there.
Next best thing to being there.
Knock yourself out.
It's gonna come up.
He's still taking the line.
I can't put anymore drag on him.
I'm gonna break the line with anymore drag.
It's going.
Yeah! You go in there to break Schafer's alibi, you wind up making it stronger.
Pretty big deal.
I told you, pal.
I told you.
Chief Johnson, I think we need to accept the fact that Dr.
Schafer may be innocent.
I don't.
Lieutenant Flynn and Provenza, follow up, please, on Mr.
Barnes.
Make sure that he really has been out of the country all this time.
Lieutenant Tao and Buzz, I need you to make sure that this video is genuine.
And Detective Sanchez, check out those boats, please.
Find out who Wait a minute.
What is it, Chief? Who was holding the camera? Someone was videotaping you.
You know, when I go out, I just hire these local guys right off the dock.
There's a million of them.
This kid's name, he I don't know, Carlos? I'd never seen him before.
I paid him cash.
As soon as we docked, he took off.
Nothing illegal there.
Why didn't Dr.
Schafer tell us about Carlos? Two alibi witnesses are better than one.
I don't know.
Maybe he didn't remember his name.
- And where is Carlos now? - I don't know.
I told you, he took off as soon as we docked.
You want to go down to Cabo, I'll sail you down there.
We'll go on a Carlos hunt.
Just you and me.
It'll be fun.
You don't even want to say hello? Hello.
I'm tired.
And I have to go straight back to work.
So, now is not a good time.
That's all right, 'cause I don't have a lot to say.
I got both the DUls you were asking about in my own car, off the clock.
And after the second one, I went directly to my office, I reported what happened and put myself in rehab.
Which saved my job.
Maybe my life, too.
Is that why Elaine divorced you? - The drinking? - Her name is Cindy.
My ex-wife's name is Cindy.
Okay? I don't even know anyone named Elaine.
And Cindy's another story.
The reason I never told you I was an alcoholic is because I don't want you to be concerned or worried about something that is basically my problem.
The way I look at it, that part of my life, the drunken part, is over.
See, being an alcoholic is not such a bad thing, as long as you don't pour yourself a drink.
Maybe you feel differently about that.
But you had a lot of nerve, Brenda.
Calling me a liar.
A lot of nerve.
What's that supposed to mean? It means it's funny being accused of being dishonest by someone who lies all the time.
- I do not lie all the time! When? - You lie all the When? You lie to your parents.
In fact, you lie to your parents so much we had to have an extra phone line installed for over a year so they wouldn't know I was living here.
You lie to Pope constantly about what you do at work.
You lie to me now when you say you're going to do something, like look for a house, when you know you're not.
You lied when you said you put this place on the market.
You promised you'd do that three months ago and never did.
That is not a lie.
It's just I get busy, that's all.
- It's not the same thing! - You know, you're right.
It's not the same thing.
You and I, we have different flaws, Brenda.
But I have been more, I have been more than patient with yours because I am pretty aware of how bad mine are.
But for you to say that you don't trust me? To suggest that our whole relationship is on the line because of mistakes I made before we started dating? You throw the word "if" at me, while you're wearing that ring? Okay.
That's as much of an explanation as I have right now.
I hope it's enough.
- Chief? - Yes? The alibi holds up.
No filters.
No layers.
Nothing but hand-held video.
And the location where they are in this Sorry.
The location where they are in this shot is just off the coast of Ensenada, Mexico, between the hours of 2:00 and 4:00 p.
m.
Pacific Standard Time on the day of the murder.
How can you be so sure? Do you see that cruise ship in the background, Chief? That's the Pacific Western.
It only docks in Mexico twice a year.
The fact that it is heading out to sea verifies time, date and location.
It's almost as if Dr.
Schafer knew he was going to need an alibi when this video was taken.
Oh, and I checked into Mr.
Barnes' charter company.
It's for real.
Eugene's Boat Service.
Based out of Cabo San Lucas.
And it's seasonal, like he said.
Detective Daniels, what do you have for me? The FLARPL.
They're usually issued when there's a question how the attorney will be paid.
And Dr.
Schafer is a highly-successful ophthalmologist.
Yeah, so why would his wife's attorney need to put a lien on their house? I don't know.
I can't explain where the money from his practice goes.
He doesn't seem to take anything from his business, really.
I feel like I haven't done my best on this case, and I don't know why.
- I'm sorry.
- That's okay.
We all make mistakes.
Maybe I Maybe I made a really big one.
In fact, the only person I've run into all week who seems to have a good explanation for everything, is Dr.
Schafer.
All right, Detective Daniels, Valerie Henry said that the victim's billing information wasn't privileged.
So, see if you can get a hold of that FLA - FLARPL for me, please.
- It's a public document.
I can't get it until Monday.
Or, Mrs.
Henry might be able to help us.
I have the financial files.
What would you like to know? Your husband asked for and received a FLARPL.
But Dr.
Schafer's a wealthy man.
A judge could have ordered him to write a check for his wife's attorney fee.
Yes, usually that's what Ollie would have recommended.
But it turns out, not surprisingly since he was having an affair, that the Schafers bank accounts were nearly empty.
So, Ollie did a little investigating and he found out that the doctor had, a couple of years ago, put a lot of money into a second home.
- So, he put a lien on that residence - I'm sorry.
A second home? In LA, too.
Very close to his primary residence.
Isn't that odd? And then when Dr.
Schafer found out about the lien on that residence, he hit the roof.
Threatened Ollie.
- And your ex-husband told you that.
- Oh, no, no.
Ollie took privilege seriously.
And he didn't want me to worry about threats.
No, I was there.
Dr.
Schafer came into the office.
And the only other thing I can tell you is that Mrs.
Schafer asked Ollie to take her to this new house and he did.
But around that time Ollie and I had an argument about the dogs and we And we never spoke again.
It looks like Mrs.
Schafer paid us by cashier's check two days before Ollie died to get the FLARPL removed.
And he released the lien? Well, he probably would have that Monday, but he died.
Or was murdered.
And if he was, then it's my fault.
Because if I hadn't filed for divorce from Ollie, he never would have been alone in the house that night, and he never would have made it to the bottom of that pool.
And here I am, living with everything we've ever owned and it means nothing.
Because I don't have him.
If I had just If I "If" is a very hard word to live with.
But you're living here again? Your ex-husband never changed his will? Yes.
Well Yes, I guess he was a bit neglectful of his personal papers.
Or maybe he wanted you to have this place.
That, in spite of everything, he still loved you.
Maybe.
I guess.
All right.
Dr.
Schafer's other property, the one the FLARPL was issued against, is in Westwood.
How is it that we're just hearing about this property now? I've been through the Schafer's finances and nothing like this came up.
It wouldn't because it's not in the Schafers' name.
It's owned by Jonathan Schafer's practice.
Listed as a second clinic.
But it's not in an area zoned for business.
- And the address? - 2501 Partridge Drive.
Lieutenant Flynn.
Fancy meeting you here.
Chief, you have no idea.
Hey, Chief.
Every room in the house is like this.
There must be close to 4,000 plants here.
I'm telling you, this much marijuana has got to be worth 10, 12 million dollars.
And how did following up on Mr.
Eugene Barnes lead you here? Well, guess who gets his mail delivered to 2501 Partridge Drive? Utility bills.
Bet they're using an awful lot of electricity to run all this equipment.
And, gee, I wonder what Mr.
Barnes uses his boat for in the off season? Oh, for heaven's sakes.
- Mrs.
Schafer, is your husband home? - What is this about? - I have a search warrant for your house.
- What the hell is going on here? And an arrest warrant for you, sir.
Jonathan Schafer, you are under arrest for the cultivation of and possession to sell marijuana.
You have the right to remain silent.
Anything you say can and will be used against you.
- Jonathan, what is going on? - Call Cordry.
- Have him meet me downtown.
- Daddy? - It's okay, honey.
- Don't lie to your daughter.
Did you hear and understand these rights? Yes.
Kristen, have Cordry meet me.
- Honey, go to your room right now.
- Lieutenants Flynn and Provenza? - Arrest Mr.
Topper Barnes? - Lf you would, please.
Our pleasure, Chief.
No, thanks.
Sit down, all right? Sit down.
Let's just sit down.
Relax He's very good at what he does.
The best thing to do is not to say anything.
Mr.
Cordry.
Dr.
Schafer.
Topper.
Your actions today are those of a desperate individual.
First, you arrest the wrong man for the murder then you compound that error by arresting Topper Barnes.
Sir, are you aware that Dr.
Schafer here owns a house containing worth approximately $12 million? He's an agricultural tycoon.
Deputy Chief Johnson, I know what you're doing.
Schafer's going back to jail without bond.
He's gonna stay there, too.
Let his jerk lawyer explain why his client is entering the courtroom through the prison door.
And your other client, Mr.
Barnes, here, was his gardener.
So it seems to me that you have a very big problem.
He's an ophthalmologist.
Medical marijuana is legal in California.
I use it for glaucoma and cataracts.
Well, judging by the amount of pot you have on hand, sir, you must be bracing for an epidemic.
Sergeant Gabriel, let's get Garnett in here.
I believe we have our motive.
Dr.
Schafer here may have set you up by having you register the utilities at his house in your name? Maybe he'll claim you were renting the place.
Don't listen to her, Topper.
Allow me to excuse your ignorance, ma'am, by pointing out that medical marijuana is available by prescription Please! Jonathan, let me handle this.
Just because my client owns a house in which marijuana was cultivated, does not make him a killer.
And none of this, by the way, is admissible in the current trial.
The fact that the victim put a lien on your client's house, a house containing over $12 million of marijuana, just might be of interest to the judge.
Well, we'll see about that.
Wait a second.
Take it back a few frames.
Yeah, I saw it, too.
- It was right about - Stop, stop, stop.
- Is that her? - Let me enhance this.
Doesn't look like a Carlos to me.
Who's that in the reflection? Do we know her? Yeah.
That's Schafer's ex-girlfriend.
Though I'm beginning to doubt about how "ex" she is.
A direct violation of their constitutional rights.
So, I'm not under arrest? Or do I need a lawyer? No, you are not under arrest and you don't need a lawyer.
Because, fortunately for you, lying to the police is not against the law.
We just want to straighten a few things out.
Have you tell us the truth this time, since we already know most of it.
How about that? Have a seat, if you would, please.
But I knew Jonathan was innocent.
And he promised me that you'd figure that out in the end.
Then why not tell us that you were on the boat with Dr.
Schafer from the very beginning? I mean, you could have been his alibi when we couldn't find Topper Barnes.
Jonathan asked me not to say anything about being on the boat with him.
He thought my getting all wrapped up in a murder investigation, that it would hurt my career.
The scandal.
We all know how horrible scandal is for an aspiring actor's career.
No.
I don't think that Jonathan Schafer was trying to protect you, Michelle.
- At all.
- He was, though.
He was.
And he's innocent.
He was with me when that attorney was murdered.
But if you were on the boat, how come you're not in the video? I mean, other than the reflection? Jonathan told me to just hold the camera and not say anything which was fine with me.
Anything to keep the relationship going, I guess.
I mean, the whole weekend was a surprise, anyway.
- A surprise? - Yeah.
I found out that morning when Jonathan showed up at my apartment.
He told me to pack and then we went to the marina.
- In your car? - No.
Jonathan took me Are you sure? Jonathan picked you up and took you to the marina? Marina del Rey.
Okay.
Thank you, Michelle.
Oh.
Okay.
Did I clear things up for you, then? Yes, you certainly did.
- Thank you.
- Thank you.
Chief, we received the security photos from the Marina parking lot and we got a match.
Lieutenant Tao has them in the electronics room.
- Oh, for God sakes! - Thank you, Detective.
- We're trying to solve this problem.
- You're not trying to do anything.
- Ma'am, you need to calm down.
- Don't tell me to calm down.
I have been sitting here for over two hours, waiting to talk to somebody.
Well, I'm just that somebody.
How can I help you? I went to post bail for my husband and I was told that you and that horrible district attorney requested no bond.
That's true, and I was hoping you were going to come in so I could explain things to you.
The judge already decided that my husband was not a flight risk, so That was for the murder.
That was before the court knew about the $12 million worth of marijuana growing at your husband's Westwood house.
Now, his flight risk status has changed.
So, Sergeant Gabriel, would you please escort Mrs.
Schafer to the electronics room? Thank you.
And I'll be right there to straighten things out.
- This way, please.
- Thank you.
Mr.
Garnett.
Perfect timing.
- Deputy Chief Johnson, is it true? - Is what true, sir? Did you place Michelle Edwards on the same boat as Dr.
Schafer, the weekend he supposed to have murdered Mr.
Henry? - Well, yes, it is.
- Congratulations.
You've confirmed the alibi of the defendant, as well as the two people most likely to have assisted him.
You know, honestly, I've come to believe this case should be dismissed because you arrested the wrong man.
I have not arrested the wrong man.
And before you dismiss the charges, you might want to hear the confession.
- Besides, I need you to make a deal.
- A confession? Are you crazy? Cordry's never gonna let Schafer talk to you.
Do you want to win your case, or not? Come with me, sir.
Mrs.
Schafer, I'm so sorry to keep you waiting.
Would you like a tissue or something to eat? No.
I just I just want my husband home and I have to go.
I couldn't find a sitter.
And my daughter, Beverly, she's been home alone for over two hours now.
Well, let me relieve your mind about one thing, because Beverly's here with us.
And we are keeping her very safe.
What is Beverly What are you doing with my daughter? We're just asking her a few questions.
Tell me, ma'am, do you ever borrow your husband's car? - No.
- Really? Because Beverly remembers things differently.
She says that Jonathan drove your car to the Marina the weekend Oliver Henry was killed.
These pictures were taken from a parking lot security camera in Marina del Rey two days before your attorney was murdered.
This is your car entering the lot.
Yes? The vanity plates say Mrs.
Eyes.
Same security camera, four days later.
Your car exiting the lot.
And it clearly shows your husband paying the cashier.
So, if Jonathan was driving your car, the question is, which car were you driving? Or maybe it's like Beverly says, "Mommy was driving Daddy's car.
" What's going on here? Mrs.
Schafer filed for divorce with a fine, upstanding attorney.
A decent guy.
A former Eagle Scout.
And he went after her husband, trying to find where he might have hidden his resources.
And he discovered a second residence.
And what did you find, Mrs.
Schafer, at that second home? You know.
I mean, you know already.
I thought that we were doing so well because Jonathan was a great doctor.
I had no idea that our money was coming from selling drugs.
And Mr.
Henry said, "This is great.
"Your husband's involved in a criminal enterprise.
"You're gonna get sole custody of your daughter.
"And, after the government confiscates his property, "you'll get everything that's left.
" But "everything" didn't turn out to be so much, did it, Mrs.
Schafer? - Oh, my God.
They did it together.
- Just Sergeant Gabriel.
Kristen Schafer, you have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney, if you cannot afford an attorney, one will be appointed to you by the court.
Mrs.
Schafer, do you understand your rights? I understand.
I don't know if I want to say anything.
Well, before you invoke your right to counsel, I wanna offer you something.
If Mr.
Garnett will agree.
Because, without your testimony on Monday, your husband is going to be found not guilty.
And you, unfortunately, will end up on death row.
So, you have a choice to make tonight.
Between life and death for you or your husband.
And I want you to take a look at your daughter on the monitor.
- No, not - Because if you tell me the truth Well, you might miss Beverly growing up and getting married.
But there is a chance that you could hold your grandchildren in your arms one day.
So, she killed Henry.
She murdered her own attorney.
It wasn't her idea.
It was her husband's.
He planned it, and he gave her the Versed.
- Isn't that right, ma'am? - Why would she do that? Because when Mrs.
Schafer went to give Mr.
Henry a cashier's check so he would release the lien on her husband's house, he told her that he was obligated to call the police.
And the millions of dollars that she expected to get from her divorce settlement just disappeared.
Didn't it? There would be no alimony, no child support No, Jonathan and I were not getting a divorce.
We made up.
I paid Mr.
Henry what I owed him and that is the end of the story.
You can't prove anything against Jonathan.
Without your testimony, that's probably true.
But I can prove that you murdered Oliver Henry.
And after your husband is acquitted, I fully expect him to testify against you.
He won't.
And anyway, he can't.
Spouses can't testify against each other.
Except in cases of conspiracy to commit murder, ma'am.
That's a pretty big exception.
One you can count on me to exploit.
Call me.
And I'll plead the Fifth.
And Jonathan will never say a word against me.
Not a word.
Oh, I think he might.
Have you ever seen your husband's alibi video? Have a seat, ma'am.
Sorry, ma'am.
Looks like your husband brought a guest on board.
- Does she look at all familiar to you? - Oh, my God.
Oh, my God.
What do you want me to say? Was killing Mr.
Henry your idea or your husband's? It was Jonathan's.
Second degree murder.
Possibility of parole.
If you tell the complete truth at your husband's trial on Monday.
And for Jonathan? You'll go for the death penalty? I'll definitely ask.
Jonathan threatened Oliver.
And he made sure that people knew about it.
And then he left town.
He even took my car so that I could use his to go over to Mr.
Henry's that night, so if people ended up thinking it was a murder they'd believe that Jonathan had been there himself.
He'd be a prime suspect with a rock-solid alibi.
While you, who have no reason to want Oliver Henry dead, would murder him.
Yes.
How did you do this? I went to Mr.
Henry's house slightly hysterical about how I was going to live without any money.
And I had the Versed my husband had given me.
Mr.
Henry offered me a drink to calm down.
And he had one, too.
And then I called Mr.
Henry from my husband's cell, which I had in my purse.
And when Mr.
Henry got up to answer his phone, I put the Versed in his drink, just like Jonathan told me to do.
I tried to get him up and outside.
I carried him part of the way, balancing him on my shoulder.
But he was heavy and he fell.
First to his knees and then I dropped him and he hit his head.
And then I dragged him the rest of the way.
And did you push him into the pool? Yes.
- Did he struggle to get out? - No.
Why, Mrs.
Schafer, why did you do this terrible thing? Because Jonathan said that I had to.
My husband told me that we would lose everything and go to jail if we didn't do it.
And that if I would just trust him we could go back to the life we used to have.
Thank you, Mrs.
Schafer.
Your witness.
Your Honor, we request a recess of one hour in which to consider how to respond to this testimony.
Take two hours, Counselor.
This court will recess until 3:00 this afternoon.
Some bubbly! Sergeant, you're going to have to skip me.
I'm going to stick with my usual cranberry and soda.
- No champagne? - Here, take a look at this.
- I wear this all the time.
Ten years in AA.
- Oh, you're kidding.
Well, you see, Chief, when I used to drink, - I could be a little bit of an asshole.
- Imagine that, if you can.
- That's what I'm talking about.
- Sergeant, just a little for me.
If I drink too much, women take advantage of me.
- Give me my ring.
- For me, just a drop, Colonel.
Just a drop.
- Serious headache.
- You guys are so full of it.
This is good stuff.
Here, pour me their shares.
Drink up, Lieutenant.
I can give you a ride.
You're on my way home.
Well, in that case, pour me Flynn's share, too.
Fine with me, baby.
- Chief? - Thank you.
Okay, we're all ready.
Sergeant Gabriel, you should make the toast.
It'll be good practice, in case he ever decides on a career where public speaking is necessary.
- Sergeant! - Let's go, Sergeant.
Let's go.
Come on, Sergeant.
And don't hold back.
- We already know you're a suck up.
- Oh, yes, thank you, Lieutenant.
That's very helpful.
Okay.
For keeping the team together, despite some pretty hefty pressure.
And for trusting her instincts.
About us, too, by the way.
And for how she always works so hard to get her man.
I say, "Hail to the Chief.
" - The Chief! - The Chief! Well, that was Well, y'all are a little bit like A little like my own Oh, for heaven's sakes.
Thank you and right back at you.
All of you - Cheers.
- Cheers.
Now, Gabriel, send the rest of that bottle over here.
- Oh, yes, of course.
- Thank you.
I've got me a ride home.
I can't get Gary "doesn't lie" Novak stopped by.
Apparently you put the house on the market.
Well, you have to do that to sell it.
Apparently.
Though, where we'll go after that, I have no idea.
Since we haven't been able to find anything we can afford.
And, honestly, the idea of strangers walking around my stuff bothers the living daylights out of me.
And I thought I said that we would wait and sell this place after we found something else and were moved out.
But I guess that's not what I said.
I'm sorry we fought.
I'm sorry I didn't tell you about the drinking.
And I'm sorry.
I'm sorry I said all of that about you.
No.
No.
I'm not always straightforward.
You were right about that.
And I don't always know the right thing to say so I say the thing I know the other person wants to hear.
It's an occupational hazard.
And I miss chocolate so much.
I just think I'm going crazy every time I pass a vending machine.
It's a physical thing.
It's a very, very physical reaction I have.
So physical that, sometimes, I don't know what to do.
It's possible I could help you with that.
If you want.
I don't know.
Because I want a Ho Ho in the worst way possible.
I don't have a Ho Ho, but I do happen to have a sugar-free That's not sugar-free.
Now you're lying again.
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