Drop Dead Diva s04e07 Episode Script
Crushed
See that aspiring model there? That was me -- Deb -- until the day I died.
I thought I'd go straight to heaven, but there was a bit of a mix-up and I woke up in someone else's body.
So now I'm Jane, a super-busy lawyer with my very own assistant.
I got a new life, a new wardrobe, and the only people who really know what's going on with me are my girlfriend Stacy and my guardian angel Luke.
I used to think everything happened for a reason and, well, I sure hope I was right.
Can we please talk about what's going on with you? Uh, what's going on with me? You had your heart broken.
Your fiancé told you he was going to Seattle to see his friend, but that was a lie and now we have no idea where he's gone.
Well, I'm sure there's a perfectly reasonable explanation.
Why are you defending him? Because I love him.
- Sweetie - No.
Do not "Sweetie" me.
Owen asked me to be his wife, and I have to believe that he actually meant it.
So, I could really use some support.
Okay.
I'm sorry.
Whatever you need.
Ooh! As your supportive friend, I bet that's Owen.
I was wrong.
It's your mom.
Mnh-mnh.
Jane's mom.
Mom! Is everything okay? With me? Fabulous! But something is wrong with you.
Did you call her? No, I swear.
It's 9:00 a.
m.
and you still have your robe on.
Oh, my god, Janie.
What's going on? How's Owen? Oh, we don't know.
We can't find him.
What do you mean you can't find him? Your fiancé is missing? - No.
It's fine.
Everything is fine.
- It's fine.
Why are you here? Remember Chloe Surnow-- Little girl you used to babysit for? Well, she's now 16 and in a bit of trouble.
Oh, my god.
Are you talking about Chloe "The Crusher"? Okay, she's on the swim team.
And when another girl came up for air-- Bam! She crushed her skull and killed her.
Allegedly.
Well, it's been all over the news.
Chloe's mom just fired their public defender.
Jane, Chloe's innocent.
She really, really needs your help.
I-I'm really busy right now.
I can recommend-- You were so close to Chloe.
When her father took off, you weren't just her babysitter.
You were her best friend.
Oh, and Chloe's mom asked me to apologize for the argument the two of you had years ago.
- What argument? - It's not important.
Jane she needs your help.
I don't ask for much.
Where the hell's Bingum? I'm sure she'll be here any minute.
I hear Owen dumped her.
She's probably at home listening to "I Will Survive" on a loop.
I'm so sorry I'm late.
I had a-- a visitor this morning.
Was it Owen? I'm sorry.
You are? Oh.
Gina Blunt.
It's nice to meet you.
Gina and I are old friends from law school.
She's considering making a significant loan to Harrison & Parker.
Okay.
Uh, we have a creditor-- Luke.
Yes, we do.
But as an attorney, Gina understands our business model better than "The Karate Kid".
Uh, well, admit it, Parker.
Luke's getting on your nerves.
This morning, I found him in my office playing Twister with the paralegals.
I'm hoping Gina will buy out Luke, which is permissible under our agreement.
Does Luke know about this? Well, there's no need to alert him until Gina commits.
In the meantime, I've signed a nondisclosure agreement, so nothing is off limits.
Excuse the interruption.
Jane, your client is here-- - The ones your mom sent over.
- Great.
Hi, Gina.
Remember me? 'Cause I remember you.
Burn in hell.
Excuse me.
I, uh I got to go.
Gina, I'm so sorry about that.
No.
It's fine.
I know Teri from back when I was a partner at Walkey & Stein.
She blames me for something that I didn't do, but I won't hold that against you.
You want to talk about what just happened in there? I hate that woman.
Yeah.
You made that quite clear.
I put Chloe Surnow's file on your desk.
But before you go inside, can we talk about Owen? - No.
But I appreciate your concern.
- Jane.
Do not "Jane" me.
Now, I'm going to go in there, put on a smiley face, and talk to a 16-year-old girl accused of murder.
You look well, Jane.
Oh, thank you.
Mrs.
Surnow.
Peg.
Of course-- Peg.
You know, I'm sure that we have so much to catch up on, so why don't we just focus on the case? Okay.
Uh, Brittney Hollis was killed at 5:27, the night before she was supposed to testify against Chloe at a high-school honor-code hearing.
I was accused of cheating on my AP history test.
But it was bogus.
Brittney made it all up.
Why would she do that? Because Brittney was a bitch.
Michelle! She needs to know.
Brittney and I were on the swim team.
Next week is the interstate finals, and only the top swimmer in each category gets to go.
We're both freestyle, and I'm a few tenths faster.
And cheating is instant grounds for getting kicked off the team.
So, Brittney would have gotten her spot.
Yeah.
Two hours after that girl was killed, the police came to our house and hauled off half our stuff.
And then they charged her as a minor and offered two years in juvie, but she's innocent.
I swear.
Uh, would you mind just giving us a moment? Sure.
Thanks.
We'll be right outside.
Michelle.
I've missed you so much.
I-I've missed you, too.
I know you had to stop calling because of the falling out you had with my mom.
And I understand.
I'm not mad.
Um okay.
Uh so, it says here when you were arrested that they found several scratches on your arms.
I volunteer at an animal hospital.
T-they were from a cat.
And they also found two drops of Brittney's blood on your pants? Back in February, before this all happened, the swim team was in Santa Clarita for a meet.
On the bus, Brittney got a nosebleed.
A few drops must have gotten on my pants.
Wait a minute.
Are these wool sailor pants? Yeah, why? Brittney was killed two weeks ago.
It's spring.
There's no way you'd be wearing wool sailor pants in spring.
I haven't worn them since February.
So, you believe me? The D.
A.
has a text message that you sent to Brittney on the day of the murder.
"You know I didn't cheat.
You're a liar.
Tell the truth or else.
" I was angry.
I didn't mean I'd kill her.
Okay, Chloe, listen-- I know that the offered plea is terrible, but going to trial can be so much worse.
Do you remember what you told me when my father left us? You said I had a choice, that I could remember him as my father, a man I loved, or I could remember him as the jerk who left us.
Oh right.
Yes, I-I said that.
I chose to remember him as my dad.
And now I have another choice.
Take the plea and tell the world I'm a killer, or fight and say I'm innocent.
Even if I lose, at least I stood up for myself.
And that's what I choose.
Okay.
I will file an emergency motion to suppress the text message.
And I'm not exactly sure under what grounds, but the jury cannot hear those words.
- So, you'll be my lawyer? - Absolutely.
And you and I will not be taking a plea because we are choosing to fight.
"You know I didn't cheat.
You're a liar.
Tell the truth or else.
" That text goes directly to motive.
It's inflammatory, and there is no proof that Chloe wrote it.
It was sent from her phone.
The text was sent from Chloe's phone during swim practice.
Approximately 20 other girls had access to her phone because she left it in her book bag.
And you can argue that at trial.
To admit this text into evidence is way more prejudicial than probative.
I'm sorry, but I agree with the district attorney.
Uh your honor, due to the gravity of the charges and the fact that Chloe is a minor, I ask for a wee bit of leeway.
A wee bit.
I would like to ask the DA to check his cell for incoming texts.
Any recent messages? Yes.
One text-- 20 minutes ago from my wife.
So, what, your honor? Would you please read it? "Roses are red.
Violets are blue.
Jane Bingum is smarter and better than you.
" What's going on here? Like my client, the DA's wife doesn't guard her phone every moment of the day.
In fact, my mother just sent that text from his wife's phone when she left it in her purse at yoga class.
Objection-- On so many levels.
Actually, I believe Ms.
Bingum proved her point.
Your honor, please, reconsider.
You have my ruling.
The text will not be read to the jury.
Thank you.
That was great, Janie.
I'm so proud of you.
Thank you for your help, mom.
But I told you to text, "Hello from Jane Bingum.
" Jane, you got a second? Whatever you want to say, you can say in front of me.
Mom.
Fine.
I'll meet you at the car.
That was some stunt.
Well, anything for a client, right? I just got off the phone with my boss.
He's decided to re-file against Chloe.
We're charging her as an adult.
You can't be serious.
Oh, my God.
Is this because I embarrassed you in court? Prosecutorial discretion.
And on closer look, - we decided that the murder was premeditated.
- What?! Your client will be looking at 25 to life, maybe worse.
Unless, of course, you want to accept a plea.
Two years in juvie? As an adult, that's off the table.
We're offering five years in a California women's correctional facility.
Offer expires end of day.
Hey.
Didn't hear you come in.
I have a job for you.
Good.
I need some billables.
I want you to take Gina out to dinner.
You're pimping me out to a prospective investor? Gina needs to get to know the firm, and you clearly have some free time on your hands.
I've made you a reservation at Letizia.
Cheer up.
It's all billable.
Jane.
Hi.
Can I come in? Of course.
It must feel strange being back here.
It's been so many years.
Yes.
Yeah.
Yeah.
Jane.
Tracy Peg's sister? Uh, yes.
We met years ago.
You probably don't remember.
I really need to speak to Chloe.
Oh, of course.
She's in her room.
Great.
Right.
In her room.
- Chloe? - Come in.
Jane! What's going on? Well, um The DA wants to charge you as an adult.
But I'm only 16.
It's their discretion.
It-- I filed an emergency appeal, but it was denied.
And if you are convicted, you're looking at-- The death penalty, right? They've offered a plea.
No! Chloe, circumstances have changed.
But I'm still innocent! You remember that photo? Yes I do.
When mom told me dad wasn't coming back, I started ripping up all his pictures.
But you stopped me before I got to that one.
Yeah.
Of course I would.
One minute he's the best dad in the world, and then he just takes off in the middle of the night.
No explanation.
No goodbye.
I'm so sorry.
Okay.
Chloe, you're being charged as an adult, so the decision to reject the plea is yours.
But I think we should talk to your mother.
- You know, sit down-- - No.
Okay? Okay.
Teri! Can I get you a pake? No.
I want to talk about Jane.
I'm worried about her.
Ugh! Me, too.
She thinks there's a rational explanation for Owen's disappearance.
Is there a rational explanation that his latest credit-card statement places him at a motel in Minneapolis the day after he took off? What? How did you find this? I went to Owen's apartment to search for clues.
You broke in? Owen gave Jane a key, and I borrowed the key when Jane was in court.
Ipso facto, I have permission to enter.
Oh, my god.
Wait.
Why are you telling me and not Jane? 'cause Jane won't talk to me about Owen.
Me, either.
What should we do? We respect her wishes, stay silent, and smile.
Fine.
But if a guy did that to me, I would want my friends to hit him over the head with a shovel and feed his lifeless body to a school of piranha.
Have a nice day.
What I don't understand is he asked you to marry him then he left town.
- Did you and Owen have a fight? - No.
I don't know why he left, and I don't know where he is.
What I would really like to do is focus on the case that you begged me to take.
Here is the map you asked for.
Oh, great.
Okay.
So, let's just walk through the timeline.
All right, at 3:00 p.
m.
, Chloe left her high school and she drove her little sister to the art institute in Thousand Oaks, then she returned home, where she remained the rest of the night.
Now, her mother left the house at approximately 5:00 p.
m.
to go to the Sherwood farmers' market, leaving Chloe alone until she returned at around 7:00.
And you want to find someone who can confirm that Chloe was really home between Exactly.
So, I need you to talk to neighbors, U.
P.
S.
, the cable guy-- anybody who can place Chloe in the house when the murder was committed.
Hello, ladies.
I sincerely hope you're not calling me a lady.
What do you want, Kim? Ooh.
Chloe killed Brittney with a pool filter cover? I am representing Chloe, so please do not put the murder weapon in her hand.
Yeah, this is the murder weapon.
Okay.
Well, per Parker, I'm now on the case with you.
So, hope that's not a problem.
I actually could use the help.
Also, accounting spoke with Chloe's mom about payment.
They got nothing in the bank.
No, no, no.
I know this family.
I'm doing it pro bono.
- Parker said no pro bono.
- Okay, fine.
I will figure out a deferred payment plan.
That's a start.
In the meantime, Teri, I want you to track down the deadbeat dad.
See if we can squeeze anything out of that stone.
After he split, Peg told me her ex moved to New Mexico.
He sent her two child-support checks and then nothing.
Good.
Means he owes her a lot of money and the firm can put a lien on his unpaid child support payments.
Uh, hold on.
First of all, if we find this guy, the money should go to the girls.
It is going to the girls, Jane.
It's going to Chloe's legal defense.
Now, find him.
I have to admit, I was surprised by the invitation.
Really? Well, I was more surprised that you picked this place.
I had you pegged for more of a wings-and-beer guy.
Well, yeah.
I admit I'd take a happy hour at a sports bar any day, but I figured, with you Parker put you up to this, didn't he? - And he picked this place.
- No.
No.
Of course not.
Yes.
Sorry.
What are you supposed to do? Seduce me and get me to invest in the firm? Well, I tell you what, Grayson, your sexy smile is not gonna influence my business decisions.
Parker should have known that.
I'm sorry he wasted your time.
You can tell your boss we had a lovely evening.
I will swear by it.
Honestly, I'm not mad.
Wait.
You're not leaving, are you? I don't need an escort to eat my dinner.
Well, there's a wing joint down the block.
Best hot sauce in LA.
All right.
You're on.
Mr.
Villamar, you attend high school with the defendant.
Is that correct? That's right.
And on the night of the murder, you were lifting weights in the room adjacent to the pool.
Yes.
It was Tuesday, so it was quads and cardio.
Did you notice anything unusual? Yeah, I was doing squats, and I heard a girl screaming, "Get away from the pool, get away from the pool.
" Then I heard a scream and a thump.
I ran out to the pool, and I saw Brittney, facedown in the water, blood gushing from her head.
And in the distance, someone was running away.
Did you see who? No, but they were wearing a yellow swim team jacket.
I'm sure of that.
Is this the jacket? It looks like it.
Your Honor, may the record reflect that the witness is referring to people's evidence 8, retrieved from the defendant's domicile.
It belongs to the defendant.
Your witness.
Let's talk about the yellow jacket.
Now, I went through the Facebook pages of all the girls on the swim team.
And all the girls wear the same yellow jacket.
So, how do you know that people's evidence 8 was the jacket you saw on the night of the murder? I'm not sure it was.
And did you also know that the jacket is available through online retailers? Mom.
Does my mother's yellow jacket look like the yellow jacket you saw on the fleeing suspect? Yes.
Thanks.
No more questions.
Rudy, is there a zipper tab missing from Chloe's jacket? Yes.
Yeah, it's gone.
Your Honor, the day after the murder, the crime lab processed the pool filter and found a zipper tab consistent with Chloe's jacket.
We submit the lab report as people's evidence 9.
Whoa! Whoa! I demand that the zipper evidence be tossed and all reference stricken from the record.
On what grounds? We had no notice.
This is a blatant violation of the state's ongoing discovery obligation.
Hold on-- This evidence was submitted to the public defender representing Chloe.
Ms.
Bingum, the DA cannot be responsible if you're ill-prepared.
- Okay.
- He's right.
The evidence is admissible, but I will grant a short recess.
You were blind-sided in court.
How did that happen? It's not my fault.
The PDR didn't hand over everything.
Seriously, Jane, this is a murder 1 case.
Today's setback will be on the news.
It's an embarrassment to the firm.
What do you want me to do, Kim? Look, let's talk about the blood on Chloe's pants and the scratches on her arm.
Chloe can explain all that.
But after today, will a jury even believe her? I mean, you ask me, she should take the plea if it's still on the table.
Excuse me.
Am I interrupting? No.
What's going on? I couldn't find anyone who would confirm that Chloe was at home when her mom was at the market when Brittney got murdered.
So, now we have no one to confirm her alibi.
But in reviewing the timeline, I did find something interesting.
Chloe said she dropped off her sister Michelle at the Art Institute after school.
But I spoke with a teacher there who said Michelle never showed up.
Why would Chloe lie about dropping off her sister? Maybe she wasn't lying.
Maybe Chloe did drop her off, and Michelle just didn't go inside.
Well, where'd she go? Well, I don't know.
But I've already had my hand slapped for not being prepared, so-- Wait.
Michelle has a cellphone.
Okay, and? And there's a consolidated file that acts as a cache for location data with time stamps.
So, I'll write a request for a subpoena, and we will figure out where she went.
Oh, no.
What? The prosecution has amended the witness list.
They're calling Chloe's mom to the stand.
Why would they do that? I mean, she's her mother.
Peg's gonna say anything to defend her child.
What does the DA know that we don't? I heard about last night.
Chicken wings? Yeah, about that-- Gina had a great time.
I owe you.
Make way.
Coming through.
What is that? A slushy machine-- For employee morale.
Also doubles as a margarita maker for our firm's "Margarita Mondays.
" They've been a big success.
Since when? Right.
You're You're not invited.
Sorry.
Apparently, not having the firm's managing partner at Margarita Mondays is also good for employee morale.
Later.
Please tell me Gina's gonna invest.
We didn't talk about that.
Right.
We don't want to seem desperate.
- Smart move.
- Yeah.
Jane, how you doing? I'm fine.
Thank you.
You must be devastated about Owen.
I'm sorry.
Oh, yeah, well, you should be.
You did everything you possibly could to keep me away from Grayson.
Then I actually fall in love with Owen, and then Owen leaves me, so thank you.
It totally sucks.
You'll find someone new.
That's your advice? You're my guardian angel and your words of wisdom are, "You'll find someone new"? Someone new and improved? I don't want to find "someone new and improved".
I want Owen.
Okay? And you know what? With all my talk of marriage, I probably scared him away, and I have to live with that.
And that's fine.
Jane? I got your text.
Great.
Are you okay? Uh, yes.
Oh, yeah.
I'm fine.
Let's go and talk in my office.
Chloe, we subpoenaed the GPS data from Michelle's phone.
- What? - After you dropped her off at the Art Institute, she didn't go inside.
She went back to school.
I don't understand.
This evidence places your sister at the crime scene at the time of the murder.
She was at the pool? We can't actually prove that, but we can place her in the vicinity.
Chloe, I know that this may not be easy, but I am thinking maybe Michelle killed Brittney? No way.
I mean, maybe Michelle had to go back and a-and get something out of her locker, right? I-I mean, that's possible, right? Yes.
Yes.
Anything is possible.
I-I would like to introduce this information about Michelle in court.
Now, this is a classic strategy to cast reasonable doubt on your client by focusing on someone else.
You can't do that to my sister.
She didn't do anything.
You have to trust us.
Please, don't drag my sister into this.
Chloe, right now this is your best shot.
I'm the client.
I mean, what I say, you need to follow it, right? That is true.
Jane, you have to find another way.
Kim.
How did it go with Chloe? We cannot go after her sister.
We don't have another option.
By law, we are required to follow the wishes of our client.
She's a kid.
We know better.
I am first chair, so we are following her instructions whether you like it or not.
Let's go to court.
According to your deposition, the day of the murder, you left your house at 5:00 p.
m.
to go to the farmers' market.
That's right.
And Chloe was at home when you left? Yes.
And she was there when I returned.
How far away do you live from the high school? Two miles.
So, you can't account for your daughter during those two hours you were at the market? I trust my daughter.
I know-- Yes or no? No.
At the time of the murder, where was your younger daughter, Michelle? She was at art class.
Actually, she wasn't.
Excuse me.
Could we have a brief recess? What's going on? We just need a moment.
Ms.
Kaswell? I realize you are first chair, but as partner, I outrank you.
Now sit down.
Sorry, Your Honor.
We are good to go.
Chloe dropped her sister off at the Art Institute, but Michelle never actually went in.
We have the data from her phone's geographic locator.
Are you aware that Michelle went back to the high school where Brittney was murdered? No.
I wasn't aware of that.
Are you aware that she was dating a boy named Tim Nolan? Yes, but they broke up.
Did you know they broke up because Tim started dating the victim? And Tim dumped Michelle.
- Objection.
- Objection! Ms.
Bingum, you can't object to your co-counsel.
Mr.
Saginaw, what are your grounds for your objection? Leading the witness.
Leading the witness, Your Honor.
Counselors, Ms.
Surnow, approach the bench.
Bailiff, clear the courtroom.
What the hell is going on in here? My co-counsel and I have a difference of opinion on how to proceed.
That was obvious.
I'm talking about the accusations leveled against Ms.
Surnow's other daughter.
We believe Michelle had motive, means, and opportunity for killing Brittney Hollis.
That's ridiculous! And we're laying the groundwork for reasonable doubt for Chloe.
Why the sour face, Ms.
Bingum? I was hoping to free our client without indicting her younger sister.
I think it's too late for that.
You've handed us a second viable suspect.
In fact, the people request an arrest warrant for Michelle Surnow.
So now you're going after both my girls? Your Honor, if the DA agrees that the evidence against Michelle creates reasonable doubt as to Chloe, then certainly the DA must agree that the charges against Chloe constitute reasonable doubt as to Michelle.
Even if that were the case, my office has absolute prosecutorial discretion.
True, but this scattershot approach isn't tolerated in my courtroom.
All right.
We're dropping our case against Chloe and filing a new case against her sister.
Bailiff, take Michelle Surnow into custody.
No! Please! Jane, do something.
I'm sorry.
Jane.
What have you done? Your Honor, Michelle Surnow is gone.
How dare you subvert me in open court.
How dare you talk to a partner like an equal.
Please.
Kim, you will never be my equal.
I did what was best for our client.
In violation of her wishes! Oh, what's she gonna do, sue us for getting her charges dropped? We did our job.
End of story.
Don't stop on my account.
What do you need, Teri? Michelle, your client's sister, is on line 2.
For Jane.
Oh.
Don't answer that phone.
She is not our client.
And since privilege doesn't apply, you could be forced to testify against her.
Hi, Michelle.
Don't say anything about the case.
I just want to know if you're okay? Good.
Okay.
I'll be there.
- You'll "be there"? - Yep.
Jane, you cannot go see that girl.
There is a warrant out for Michelle's arrest, and as an officer of the law you have absolute duty to tell her to surrender.
"Absolute duty.
" Got it, Kim.
As a partner in this firm, I forbid you from seeing her.
She is 14 years old.
She's scared and confused, and I'm gonna make sure that she is okay.
And there's nothing you can do to stop me.
Teri! I am so glad you're here.
I got your text.
Okay, so, we need to talk about Jane and Owen.
- I thought you said - Forget about what I said.
After you told me about Owen's Minneapolis credit-card bills, I went on Facebook to see if he has any friends there.
Turns out, he has one-- his college girlfriend! This is bad.
This is so bad.
So, do we tell her now? She's in the middle of a huge case.
As soon as it's over, we'll let her know.
We'll do it together, okay? In the meantime, can you get the key to Owen's place again? Of course.
I made a copy.
Jane! Michelle.
Hi, girls.
Uh, look, there's a warrant out for your arrest.
Oh, my god.
Michelle, you have to turn yourself in.
But I'm innocent.
You skipped art class.
I have proof.
I've been skipping it for weeks.
After Chloe drops me off, Faye picks me up and we We get stoned at Encina ta Park with Sandy.
- It's true.
We swear.
- Nice try.
But on the day of the murder, you were not at the park.
- You were at the school.
- I know.
There was a fire on Westlake Boulevard, so there was no way to get back to the park.
Since Sandy lives near the school, we thought we'd sneak over a fence and smoke under the football bleachers.
The fire on Westlake Boulevard Was the road closed? Yeah, in both directions.
Please, just don't tell my mom I was smoking pot.
She'd go ballistic.
Michelle, that's the least of your problems, okay? Now, listen I'll help you, but you have to turn yourself in.
I'm not one for gossip, but we need to talk.
Did you hear Flo in accounting is sleeping with Judy the paralegal? - Seriously? - No.
Slushy? No.
It makes me too cold, and I'm not wearing a bra.
Luke, the firm is looking to replace you as our creditor.
- You mean with Gina Blunt? - So, you know? Sure.
And there's nothing I can do about it.
Why do you care? I don't like her, and I don't trust her.
And now I'm intrigued.
Go on.
Before Jane, I worked at another firm.
And Gina clawed her way to the top.
And on her way up, she got my boss fired.
That bitch is bad news.
And if she replaces you, then I'm out of here, too.
It's Jane.
She needs me.
I'm scared.
I know, but we're gonna get through this.
Michelle Surnow.
Yes? Come with me.
Jane.
Oh, great.
Did you bring the evidence log? Yeah.
Everything that was confiscated at the Surnow house is highlighted in yellow.
I need you to go to the evidence vault.
Check out items 6 through 14.
Get them to the crime lab.
I've left instructions with the director on duty.
Then I want you to meet me at Michelle's arraignment.
She has just turned herself in.
Wait.
Slow down.
What's going on? I think I know who killed Brittney.
All rise.
Docket 2231, People vs.
Michelle Surnow.
One count-- Murder in the first degree.
Is the defendant prepared to enter a plea? No, your Honor.
And I know it's unorthodox at an arraignment, but if you would permit me I would like to call a witness.
At an arraignment? Come on.
This isn't poor man's discovery.
She can wait until trial like everyone else.
Please, we are talking about a 14-year-old girl that has been railroaded by the prosecutor.
I implore you to hear this witness.
And if I go too far, by all means, hold me in contempt.
Considering the severity of the charge, and the age of the defendant, I'll allow it.
Defense calls Peg Surnow to the stand.
At the time of the murder, you were at the Lake Sherwood farmers' market.
And you left your home at 5:00.
You returned about 7:00.
Correct? Yes.
That's right.
Here is a map.
Now, in order to go from your home to the farmers' market, you would have to take Westlake Boulevard.
Is that the route you take? Yes.
It's the only way to get there.
Are you aware that Westlake Boulevard was closed due to a fire on the day of the murder? It was a really stressful night.
Maybe I went to a different market? I'm-- I'm not sure.
Well, perhaps I can refresh your memory.
Don't worry.
Teri.
On the night that Chloe was arrested, the police confiscated all of the shoes from your house.
Michelle is a size 6, Chloe's a size 7, and you are size 9.
Correct? What does this have to do with anything? The lab tested all of the shoes, and this pair of size 9 pumps has chlorine on the soles.
Because I occasionally wear them around the pool of a friend of mine.
The chlorine is consistent with the chemical composition of the pool water at Chloe's high school, where Brittney was murdered.
This is crazy, Jane.
This is crazy.
I agree.
Peg, I know that you love your girls, and you would do anything for them.
So, start telling the truth.
You do not want Michelle to go to jail for something you did.
I'm sorry.
You're sorry? I didn't want to kill Brittney.
I didn't mean to-- I didn't even think I-- What happened, Peg? I went to the pool to try to convince Brittney not to testify against Chloe for cheating.
Okay.
Chloe wanted to go to the interstate finals so badly, and this girl was lying.
And so, I wanted to reason with her.
But she wouldn't even get out of the pool to talk.
She just laughed and swam away.
And when she came up for air, she spit water in my face, and I-- I just-- I flipped.
I'm sorry! I'm sorry.
I'm sorry.
I'm sorry.
It's just so sad.
Hey, at least we found the right killer.
Yes, "we" did.
And now the girls are gonna go live with their aunt Tracy, who isn't a cold-blooded murderer.
So, it's practically "happily ever after" thanks to us.
Yes.
Yes, right.
Thanks to "us.
" Kim, I got your text.
What's up? Oh, yeah.
Uh, we need to get paid.
Have you found the father? Honestly, it's like he has completely disappeared.
There's no evidence that he ever went to New Mexico or anywhere else.
Like your mother said, he hasn't paid taxes or gotten a driver's license or opened a bank account.
I tried to contact his family, but he is an only child, and both of his parents are dead.
I'm sorry.
Um, I've got to go.
Black cherry slushy? Oh, uh oh.
I'm Luke Daniels, firm's creditor.
Gina Blunt.
It's nice to meet you.
I hear you're thinking about paying off my loan, taking on my debt here.
That's right.
Have you seen the firm's outstanding liabilities? I'm aware of the firm's balance sheet.
Parker's been quite honest.
So, you know you'd be assuming a lot of risk.
Yeah, that's-- that's true, Luke.
And yet, you invested.
My reasons were personal.
Ah.
I just wanted to make sure you had all the information.
How thoughtful.
You forgot your slushy.
I haven't forgotten anything.
Mom, I need to know why I had a falling out with Mrs.
Surnow.
Jane, take a breath.
Can I pour you a glass of vino? No, thank you.
Listen-- What happened between us? And why did I stop talking to Chloe? Well, I'm surprised you don't remember because you were pretty upset back then.
Well, I probably blocked it out.
Will you please just tell me? Okay.
After Chloe's father took off, she was a wreck.
She cried for weeks.
And you tried to convince Peg to let her daughter call her father in New Mexico, But she was dead set against it.
In fact, she forbade you from seeing Chloe because of it.
Mr.
Surnow never paid those two alimony payments.
In fact, I don't think he ever went to New Mexico.
Why would Peg have lied about that? I think I need to make a call.
Thank you.
So, the detective found skeletal remains of a man in their backyard.
Oh, my god.
Dental records are consistent with Mr.
Surnow's.
I just can't believe it.
Hmm.
After all these years.
Janie, how did you even know he was buried here? Chloe said that her dad disappeared in the middle of the night.
If Peg killed him in the house, he'd be way too heavy to move.
She'd have to drag him out back and dig a hole.
She made up a story, and we all believed it.
He didn't have any other family and no one missed him except for his daughters.
You know what? Let's go home.
Actually, while you were talking to the detective, Stacy called.
We need to make a stop.
Hello, there.
Am I interrupting? No, of course not.
I would like to assume the firm's debt.
I accept your offer.
That is fantastic news.
Hey, how about we go celebrate? Uh, actually tonight I have plans.
Rain check? Anytime.
Welcome aboard.
Mom, what are we doing here? It's been a long day.
I just want to go home.
Jane.
Uh, we need you to listen to us.
Is that Owen's sweater? And the stuffed frog that he won for me at the pier.
We're doing an ex-fiancé bonfire.
Jane, we love you, and we care about you, which is why we need to tell you the truth about Owen.
He went to Minneapolis, where his college girlfriend lives.
You went on Facebook? She did.
A-And she got his credit card bills.
He stayed at a motel.
Wait.
How do you know about Facebook? Because I did my research.
You know? I just-- I just wasn't ready to admit it.
But I still had hope.
Well, if you want, we can just go home and forget about this.
And there's nothing wrong with a little denial.
No, actually, there is.
Owen doesn't want to marry me.
And as much as I don't want to say that I need to face it and move on.
So, who has a match? Teri?
I thought I'd go straight to heaven, but there was a bit of a mix-up and I woke up in someone else's body.
So now I'm Jane, a super-busy lawyer with my very own assistant.
I got a new life, a new wardrobe, and the only people who really know what's going on with me are my girlfriend Stacy and my guardian angel Luke.
I used to think everything happened for a reason and, well, I sure hope I was right.
Can we please talk about what's going on with you? Uh, what's going on with me? You had your heart broken.
Your fiancé told you he was going to Seattle to see his friend, but that was a lie and now we have no idea where he's gone.
Well, I'm sure there's a perfectly reasonable explanation.
Why are you defending him? Because I love him.
- Sweetie - No.
Do not "Sweetie" me.
Owen asked me to be his wife, and I have to believe that he actually meant it.
So, I could really use some support.
Okay.
I'm sorry.
Whatever you need.
Ooh! As your supportive friend, I bet that's Owen.
I was wrong.
It's your mom.
Mnh-mnh.
Jane's mom.
Mom! Is everything okay? With me? Fabulous! But something is wrong with you.
Did you call her? No, I swear.
It's 9:00 a.
m.
and you still have your robe on.
Oh, my god, Janie.
What's going on? How's Owen? Oh, we don't know.
We can't find him.
What do you mean you can't find him? Your fiancé is missing? - No.
It's fine.
Everything is fine.
- It's fine.
Why are you here? Remember Chloe Surnow-- Little girl you used to babysit for? Well, she's now 16 and in a bit of trouble.
Oh, my god.
Are you talking about Chloe "The Crusher"? Okay, she's on the swim team.
And when another girl came up for air-- Bam! She crushed her skull and killed her.
Allegedly.
Well, it's been all over the news.
Chloe's mom just fired their public defender.
Jane, Chloe's innocent.
She really, really needs your help.
I-I'm really busy right now.
I can recommend-- You were so close to Chloe.
When her father took off, you weren't just her babysitter.
You were her best friend.
Oh, and Chloe's mom asked me to apologize for the argument the two of you had years ago.
- What argument? - It's not important.
Jane she needs your help.
I don't ask for much.
Where the hell's Bingum? I'm sure she'll be here any minute.
I hear Owen dumped her.
She's probably at home listening to "I Will Survive" on a loop.
I'm so sorry I'm late.
I had a-- a visitor this morning.
Was it Owen? I'm sorry.
You are? Oh.
Gina Blunt.
It's nice to meet you.
Gina and I are old friends from law school.
She's considering making a significant loan to Harrison & Parker.
Okay.
Uh, we have a creditor-- Luke.
Yes, we do.
But as an attorney, Gina understands our business model better than "The Karate Kid".
Uh, well, admit it, Parker.
Luke's getting on your nerves.
This morning, I found him in my office playing Twister with the paralegals.
I'm hoping Gina will buy out Luke, which is permissible under our agreement.
Does Luke know about this? Well, there's no need to alert him until Gina commits.
In the meantime, I've signed a nondisclosure agreement, so nothing is off limits.
Excuse the interruption.
Jane, your client is here-- - The ones your mom sent over.
- Great.
Hi, Gina.
Remember me? 'Cause I remember you.
Burn in hell.
Excuse me.
I, uh I got to go.
Gina, I'm so sorry about that.
No.
It's fine.
I know Teri from back when I was a partner at Walkey & Stein.
She blames me for something that I didn't do, but I won't hold that against you.
You want to talk about what just happened in there? I hate that woman.
Yeah.
You made that quite clear.
I put Chloe Surnow's file on your desk.
But before you go inside, can we talk about Owen? - No.
But I appreciate your concern.
- Jane.
Do not "Jane" me.
Now, I'm going to go in there, put on a smiley face, and talk to a 16-year-old girl accused of murder.
You look well, Jane.
Oh, thank you.
Mrs.
Surnow.
Peg.
Of course-- Peg.
You know, I'm sure that we have so much to catch up on, so why don't we just focus on the case? Okay.
Uh, Brittney Hollis was killed at 5:27, the night before she was supposed to testify against Chloe at a high-school honor-code hearing.
I was accused of cheating on my AP history test.
But it was bogus.
Brittney made it all up.
Why would she do that? Because Brittney was a bitch.
Michelle! She needs to know.
Brittney and I were on the swim team.
Next week is the interstate finals, and only the top swimmer in each category gets to go.
We're both freestyle, and I'm a few tenths faster.
And cheating is instant grounds for getting kicked off the team.
So, Brittney would have gotten her spot.
Yeah.
Two hours after that girl was killed, the police came to our house and hauled off half our stuff.
And then they charged her as a minor and offered two years in juvie, but she's innocent.
I swear.
Uh, would you mind just giving us a moment? Sure.
Thanks.
We'll be right outside.
Michelle.
I've missed you so much.
I-I've missed you, too.
I know you had to stop calling because of the falling out you had with my mom.
And I understand.
I'm not mad.
Um okay.
Uh so, it says here when you were arrested that they found several scratches on your arms.
I volunteer at an animal hospital.
T-they were from a cat.
And they also found two drops of Brittney's blood on your pants? Back in February, before this all happened, the swim team was in Santa Clarita for a meet.
On the bus, Brittney got a nosebleed.
A few drops must have gotten on my pants.
Wait a minute.
Are these wool sailor pants? Yeah, why? Brittney was killed two weeks ago.
It's spring.
There's no way you'd be wearing wool sailor pants in spring.
I haven't worn them since February.
So, you believe me? The D.
A.
has a text message that you sent to Brittney on the day of the murder.
"You know I didn't cheat.
You're a liar.
Tell the truth or else.
" I was angry.
I didn't mean I'd kill her.
Okay, Chloe, listen-- I know that the offered plea is terrible, but going to trial can be so much worse.
Do you remember what you told me when my father left us? You said I had a choice, that I could remember him as my father, a man I loved, or I could remember him as the jerk who left us.
Oh right.
Yes, I-I said that.
I chose to remember him as my dad.
And now I have another choice.
Take the plea and tell the world I'm a killer, or fight and say I'm innocent.
Even if I lose, at least I stood up for myself.
And that's what I choose.
Okay.
I will file an emergency motion to suppress the text message.
And I'm not exactly sure under what grounds, but the jury cannot hear those words.
- So, you'll be my lawyer? - Absolutely.
And you and I will not be taking a plea because we are choosing to fight.
"You know I didn't cheat.
You're a liar.
Tell the truth or else.
" That text goes directly to motive.
It's inflammatory, and there is no proof that Chloe wrote it.
It was sent from her phone.
The text was sent from Chloe's phone during swim practice.
Approximately 20 other girls had access to her phone because she left it in her book bag.
And you can argue that at trial.
To admit this text into evidence is way more prejudicial than probative.
I'm sorry, but I agree with the district attorney.
Uh your honor, due to the gravity of the charges and the fact that Chloe is a minor, I ask for a wee bit of leeway.
A wee bit.
I would like to ask the DA to check his cell for incoming texts.
Any recent messages? Yes.
One text-- 20 minutes ago from my wife.
So, what, your honor? Would you please read it? "Roses are red.
Violets are blue.
Jane Bingum is smarter and better than you.
" What's going on here? Like my client, the DA's wife doesn't guard her phone every moment of the day.
In fact, my mother just sent that text from his wife's phone when she left it in her purse at yoga class.
Objection-- On so many levels.
Actually, I believe Ms.
Bingum proved her point.
Your honor, please, reconsider.
You have my ruling.
The text will not be read to the jury.
Thank you.
That was great, Janie.
I'm so proud of you.
Thank you for your help, mom.
But I told you to text, "Hello from Jane Bingum.
" Jane, you got a second? Whatever you want to say, you can say in front of me.
Mom.
Fine.
I'll meet you at the car.
That was some stunt.
Well, anything for a client, right? I just got off the phone with my boss.
He's decided to re-file against Chloe.
We're charging her as an adult.
You can't be serious.
Oh, my God.
Is this because I embarrassed you in court? Prosecutorial discretion.
And on closer look, - we decided that the murder was premeditated.
- What?! Your client will be looking at 25 to life, maybe worse.
Unless, of course, you want to accept a plea.
Two years in juvie? As an adult, that's off the table.
We're offering five years in a California women's correctional facility.
Offer expires end of day.
Hey.
Didn't hear you come in.
I have a job for you.
Good.
I need some billables.
I want you to take Gina out to dinner.
You're pimping me out to a prospective investor? Gina needs to get to know the firm, and you clearly have some free time on your hands.
I've made you a reservation at Letizia.
Cheer up.
It's all billable.
Jane.
Hi.
Can I come in? Of course.
It must feel strange being back here.
It's been so many years.
Yes.
Yeah.
Yeah.
Jane.
Tracy Peg's sister? Uh, yes.
We met years ago.
You probably don't remember.
I really need to speak to Chloe.
Oh, of course.
She's in her room.
Great.
Right.
In her room.
- Chloe? - Come in.
Jane! What's going on? Well, um The DA wants to charge you as an adult.
But I'm only 16.
It's their discretion.
It-- I filed an emergency appeal, but it was denied.
And if you are convicted, you're looking at-- The death penalty, right? They've offered a plea.
No! Chloe, circumstances have changed.
But I'm still innocent! You remember that photo? Yes I do.
When mom told me dad wasn't coming back, I started ripping up all his pictures.
But you stopped me before I got to that one.
Yeah.
Of course I would.
One minute he's the best dad in the world, and then he just takes off in the middle of the night.
No explanation.
No goodbye.
I'm so sorry.
Okay.
Chloe, you're being charged as an adult, so the decision to reject the plea is yours.
But I think we should talk to your mother.
- You know, sit down-- - No.
Okay? Okay.
Teri! Can I get you a pake? No.
I want to talk about Jane.
I'm worried about her.
Ugh! Me, too.
She thinks there's a rational explanation for Owen's disappearance.
Is there a rational explanation that his latest credit-card statement places him at a motel in Minneapolis the day after he took off? What? How did you find this? I went to Owen's apartment to search for clues.
You broke in? Owen gave Jane a key, and I borrowed the key when Jane was in court.
Ipso facto, I have permission to enter.
Oh, my god.
Wait.
Why are you telling me and not Jane? 'cause Jane won't talk to me about Owen.
Me, either.
What should we do? We respect her wishes, stay silent, and smile.
Fine.
But if a guy did that to me, I would want my friends to hit him over the head with a shovel and feed his lifeless body to a school of piranha.
Have a nice day.
What I don't understand is he asked you to marry him then he left town.
- Did you and Owen have a fight? - No.
I don't know why he left, and I don't know where he is.
What I would really like to do is focus on the case that you begged me to take.
Here is the map you asked for.
Oh, great.
Okay.
So, let's just walk through the timeline.
All right, at 3:00 p.
m.
, Chloe left her high school and she drove her little sister to the art institute in Thousand Oaks, then she returned home, where she remained the rest of the night.
Now, her mother left the house at approximately 5:00 p.
m.
to go to the Sherwood farmers' market, leaving Chloe alone until she returned at around 7:00.
And you want to find someone who can confirm that Chloe was really home between Exactly.
So, I need you to talk to neighbors, U.
P.
S.
, the cable guy-- anybody who can place Chloe in the house when the murder was committed.
Hello, ladies.
I sincerely hope you're not calling me a lady.
What do you want, Kim? Ooh.
Chloe killed Brittney with a pool filter cover? I am representing Chloe, so please do not put the murder weapon in her hand.
Yeah, this is the murder weapon.
Okay.
Well, per Parker, I'm now on the case with you.
So, hope that's not a problem.
I actually could use the help.
Also, accounting spoke with Chloe's mom about payment.
They got nothing in the bank.
No, no, no.
I know this family.
I'm doing it pro bono.
- Parker said no pro bono.
- Okay, fine.
I will figure out a deferred payment plan.
That's a start.
In the meantime, Teri, I want you to track down the deadbeat dad.
See if we can squeeze anything out of that stone.
After he split, Peg told me her ex moved to New Mexico.
He sent her two child-support checks and then nothing.
Good.
Means he owes her a lot of money and the firm can put a lien on his unpaid child support payments.
Uh, hold on.
First of all, if we find this guy, the money should go to the girls.
It is going to the girls, Jane.
It's going to Chloe's legal defense.
Now, find him.
I have to admit, I was surprised by the invitation.
Really? Well, I was more surprised that you picked this place.
I had you pegged for more of a wings-and-beer guy.
Well, yeah.
I admit I'd take a happy hour at a sports bar any day, but I figured, with you Parker put you up to this, didn't he? - And he picked this place.
- No.
No.
Of course not.
Yes.
Sorry.
What are you supposed to do? Seduce me and get me to invest in the firm? Well, I tell you what, Grayson, your sexy smile is not gonna influence my business decisions.
Parker should have known that.
I'm sorry he wasted your time.
You can tell your boss we had a lovely evening.
I will swear by it.
Honestly, I'm not mad.
Wait.
You're not leaving, are you? I don't need an escort to eat my dinner.
Well, there's a wing joint down the block.
Best hot sauce in LA.
All right.
You're on.
Mr.
Villamar, you attend high school with the defendant.
Is that correct? That's right.
And on the night of the murder, you were lifting weights in the room adjacent to the pool.
Yes.
It was Tuesday, so it was quads and cardio.
Did you notice anything unusual? Yeah, I was doing squats, and I heard a girl screaming, "Get away from the pool, get away from the pool.
" Then I heard a scream and a thump.
I ran out to the pool, and I saw Brittney, facedown in the water, blood gushing from her head.
And in the distance, someone was running away.
Did you see who? No, but they were wearing a yellow swim team jacket.
I'm sure of that.
Is this the jacket? It looks like it.
Your Honor, may the record reflect that the witness is referring to people's evidence 8, retrieved from the defendant's domicile.
It belongs to the defendant.
Your witness.
Let's talk about the yellow jacket.
Now, I went through the Facebook pages of all the girls on the swim team.
And all the girls wear the same yellow jacket.
So, how do you know that people's evidence 8 was the jacket you saw on the night of the murder? I'm not sure it was.
And did you also know that the jacket is available through online retailers? Mom.
Does my mother's yellow jacket look like the yellow jacket you saw on the fleeing suspect? Yes.
Thanks.
No more questions.
Rudy, is there a zipper tab missing from Chloe's jacket? Yes.
Yeah, it's gone.
Your Honor, the day after the murder, the crime lab processed the pool filter and found a zipper tab consistent with Chloe's jacket.
We submit the lab report as people's evidence 9.
Whoa! Whoa! I demand that the zipper evidence be tossed and all reference stricken from the record.
On what grounds? We had no notice.
This is a blatant violation of the state's ongoing discovery obligation.
Hold on-- This evidence was submitted to the public defender representing Chloe.
Ms.
Bingum, the DA cannot be responsible if you're ill-prepared.
- Okay.
- He's right.
The evidence is admissible, but I will grant a short recess.
You were blind-sided in court.
How did that happen? It's not my fault.
The PDR didn't hand over everything.
Seriously, Jane, this is a murder 1 case.
Today's setback will be on the news.
It's an embarrassment to the firm.
What do you want me to do, Kim? Look, let's talk about the blood on Chloe's pants and the scratches on her arm.
Chloe can explain all that.
But after today, will a jury even believe her? I mean, you ask me, she should take the plea if it's still on the table.
Excuse me.
Am I interrupting? No.
What's going on? I couldn't find anyone who would confirm that Chloe was at home when her mom was at the market when Brittney got murdered.
So, now we have no one to confirm her alibi.
But in reviewing the timeline, I did find something interesting.
Chloe said she dropped off her sister Michelle at the Art Institute after school.
But I spoke with a teacher there who said Michelle never showed up.
Why would Chloe lie about dropping off her sister? Maybe she wasn't lying.
Maybe Chloe did drop her off, and Michelle just didn't go inside.
Well, where'd she go? Well, I don't know.
But I've already had my hand slapped for not being prepared, so-- Wait.
Michelle has a cellphone.
Okay, and? And there's a consolidated file that acts as a cache for location data with time stamps.
So, I'll write a request for a subpoena, and we will figure out where she went.
Oh, no.
What? The prosecution has amended the witness list.
They're calling Chloe's mom to the stand.
Why would they do that? I mean, she's her mother.
Peg's gonna say anything to defend her child.
What does the DA know that we don't? I heard about last night.
Chicken wings? Yeah, about that-- Gina had a great time.
I owe you.
Make way.
Coming through.
What is that? A slushy machine-- For employee morale.
Also doubles as a margarita maker for our firm's "Margarita Mondays.
" They've been a big success.
Since when? Right.
You're You're not invited.
Sorry.
Apparently, not having the firm's managing partner at Margarita Mondays is also good for employee morale.
Later.
Please tell me Gina's gonna invest.
We didn't talk about that.
Right.
We don't want to seem desperate.
- Smart move.
- Yeah.
Jane, how you doing? I'm fine.
Thank you.
You must be devastated about Owen.
I'm sorry.
Oh, yeah, well, you should be.
You did everything you possibly could to keep me away from Grayson.
Then I actually fall in love with Owen, and then Owen leaves me, so thank you.
It totally sucks.
You'll find someone new.
That's your advice? You're my guardian angel and your words of wisdom are, "You'll find someone new"? Someone new and improved? I don't want to find "someone new and improved".
I want Owen.
Okay? And you know what? With all my talk of marriage, I probably scared him away, and I have to live with that.
And that's fine.
Jane? I got your text.
Great.
Are you okay? Uh, yes.
Oh, yeah.
I'm fine.
Let's go and talk in my office.
Chloe, we subpoenaed the GPS data from Michelle's phone.
- What? - After you dropped her off at the Art Institute, she didn't go inside.
She went back to school.
I don't understand.
This evidence places your sister at the crime scene at the time of the murder.
She was at the pool? We can't actually prove that, but we can place her in the vicinity.
Chloe, I know that this may not be easy, but I am thinking maybe Michelle killed Brittney? No way.
I mean, maybe Michelle had to go back and a-and get something out of her locker, right? I-I mean, that's possible, right? Yes.
Yes.
Anything is possible.
I-I would like to introduce this information about Michelle in court.
Now, this is a classic strategy to cast reasonable doubt on your client by focusing on someone else.
You can't do that to my sister.
She didn't do anything.
You have to trust us.
Please, don't drag my sister into this.
Chloe, right now this is your best shot.
I'm the client.
I mean, what I say, you need to follow it, right? That is true.
Jane, you have to find another way.
Kim.
How did it go with Chloe? We cannot go after her sister.
We don't have another option.
By law, we are required to follow the wishes of our client.
She's a kid.
We know better.
I am first chair, so we are following her instructions whether you like it or not.
Let's go to court.
According to your deposition, the day of the murder, you left your house at 5:00 p.
m.
to go to the farmers' market.
That's right.
And Chloe was at home when you left? Yes.
And she was there when I returned.
How far away do you live from the high school? Two miles.
So, you can't account for your daughter during those two hours you were at the market? I trust my daughter.
I know-- Yes or no? No.
At the time of the murder, where was your younger daughter, Michelle? She was at art class.
Actually, she wasn't.
Excuse me.
Could we have a brief recess? What's going on? We just need a moment.
Ms.
Kaswell? I realize you are first chair, but as partner, I outrank you.
Now sit down.
Sorry, Your Honor.
We are good to go.
Chloe dropped her sister off at the Art Institute, but Michelle never actually went in.
We have the data from her phone's geographic locator.
Are you aware that Michelle went back to the high school where Brittney was murdered? No.
I wasn't aware of that.
Are you aware that she was dating a boy named Tim Nolan? Yes, but they broke up.
Did you know they broke up because Tim started dating the victim? And Tim dumped Michelle.
- Objection.
- Objection! Ms.
Bingum, you can't object to your co-counsel.
Mr.
Saginaw, what are your grounds for your objection? Leading the witness.
Leading the witness, Your Honor.
Counselors, Ms.
Surnow, approach the bench.
Bailiff, clear the courtroom.
What the hell is going on in here? My co-counsel and I have a difference of opinion on how to proceed.
That was obvious.
I'm talking about the accusations leveled against Ms.
Surnow's other daughter.
We believe Michelle had motive, means, and opportunity for killing Brittney Hollis.
That's ridiculous! And we're laying the groundwork for reasonable doubt for Chloe.
Why the sour face, Ms.
Bingum? I was hoping to free our client without indicting her younger sister.
I think it's too late for that.
You've handed us a second viable suspect.
In fact, the people request an arrest warrant for Michelle Surnow.
So now you're going after both my girls? Your Honor, if the DA agrees that the evidence against Michelle creates reasonable doubt as to Chloe, then certainly the DA must agree that the charges against Chloe constitute reasonable doubt as to Michelle.
Even if that were the case, my office has absolute prosecutorial discretion.
True, but this scattershot approach isn't tolerated in my courtroom.
All right.
We're dropping our case against Chloe and filing a new case against her sister.
Bailiff, take Michelle Surnow into custody.
No! Please! Jane, do something.
I'm sorry.
Jane.
What have you done? Your Honor, Michelle Surnow is gone.
How dare you subvert me in open court.
How dare you talk to a partner like an equal.
Please.
Kim, you will never be my equal.
I did what was best for our client.
In violation of her wishes! Oh, what's she gonna do, sue us for getting her charges dropped? We did our job.
End of story.
Don't stop on my account.
What do you need, Teri? Michelle, your client's sister, is on line 2.
For Jane.
Oh.
Don't answer that phone.
She is not our client.
And since privilege doesn't apply, you could be forced to testify against her.
Hi, Michelle.
Don't say anything about the case.
I just want to know if you're okay? Good.
Okay.
I'll be there.
- You'll "be there"? - Yep.
Jane, you cannot go see that girl.
There is a warrant out for Michelle's arrest, and as an officer of the law you have absolute duty to tell her to surrender.
"Absolute duty.
" Got it, Kim.
As a partner in this firm, I forbid you from seeing her.
She is 14 years old.
She's scared and confused, and I'm gonna make sure that she is okay.
And there's nothing you can do to stop me.
Teri! I am so glad you're here.
I got your text.
Okay, so, we need to talk about Jane and Owen.
- I thought you said - Forget about what I said.
After you told me about Owen's Minneapolis credit-card bills, I went on Facebook to see if he has any friends there.
Turns out, he has one-- his college girlfriend! This is bad.
This is so bad.
So, do we tell her now? She's in the middle of a huge case.
As soon as it's over, we'll let her know.
We'll do it together, okay? In the meantime, can you get the key to Owen's place again? Of course.
I made a copy.
Jane! Michelle.
Hi, girls.
Uh, look, there's a warrant out for your arrest.
Oh, my god.
Michelle, you have to turn yourself in.
But I'm innocent.
You skipped art class.
I have proof.
I've been skipping it for weeks.
After Chloe drops me off, Faye picks me up and we We get stoned at Encina ta Park with Sandy.
- It's true.
We swear.
- Nice try.
But on the day of the murder, you were not at the park.
- You were at the school.
- I know.
There was a fire on Westlake Boulevard, so there was no way to get back to the park.
Since Sandy lives near the school, we thought we'd sneak over a fence and smoke under the football bleachers.
The fire on Westlake Boulevard Was the road closed? Yeah, in both directions.
Please, just don't tell my mom I was smoking pot.
She'd go ballistic.
Michelle, that's the least of your problems, okay? Now, listen I'll help you, but you have to turn yourself in.
I'm not one for gossip, but we need to talk.
Did you hear Flo in accounting is sleeping with Judy the paralegal? - Seriously? - No.
Slushy? No.
It makes me too cold, and I'm not wearing a bra.
Luke, the firm is looking to replace you as our creditor.
- You mean with Gina Blunt? - So, you know? Sure.
And there's nothing I can do about it.
Why do you care? I don't like her, and I don't trust her.
And now I'm intrigued.
Go on.
Before Jane, I worked at another firm.
And Gina clawed her way to the top.
And on her way up, she got my boss fired.
That bitch is bad news.
And if she replaces you, then I'm out of here, too.
It's Jane.
She needs me.
I'm scared.
I know, but we're gonna get through this.
Michelle Surnow.
Yes? Come with me.
Jane.
Oh, great.
Did you bring the evidence log? Yeah.
Everything that was confiscated at the Surnow house is highlighted in yellow.
I need you to go to the evidence vault.
Check out items 6 through 14.
Get them to the crime lab.
I've left instructions with the director on duty.
Then I want you to meet me at Michelle's arraignment.
She has just turned herself in.
Wait.
Slow down.
What's going on? I think I know who killed Brittney.
All rise.
Docket 2231, People vs.
Michelle Surnow.
One count-- Murder in the first degree.
Is the defendant prepared to enter a plea? No, your Honor.
And I know it's unorthodox at an arraignment, but if you would permit me I would like to call a witness.
At an arraignment? Come on.
This isn't poor man's discovery.
She can wait until trial like everyone else.
Please, we are talking about a 14-year-old girl that has been railroaded by the prosecutor.
I implore you to hear this witness.
And if I go too far, by all means, hold me in contempt.
Considering the severity of the charge, and the age of the defendant, I'll allow it.
Defense calls Peg Surnow to the stand.
At the time of the murder, you were at the Lake Sherwood farmers' market.
And you left your home at 5:00.
You returned about 7:00.
Correct? Yes.
That's right.
Here is a map.
Now, in order to go from your home to the farmers' market, you would have to take Westlake Boulevard.
Is that the route you take? Yes.
It's the only way to get there.
Are you aware that Westlake Boulevard was closed due to a fire on the day of the murder? It was a really stressful night.
Maybe I went to a different market? I'm-- I'm not sure.
Well, perhaps I can refresh your memory.
Don't worry.
Teri.
On the night that Chloe was arrested, the police confiscated all of the shoes from your house.
Michelle is a size 6, Chloe's a size 7, and you are size 9.
Correct? What does this have to do with anything? The lab tested all of the shoes, and this pair of size 9 pumps has chlorine on the soles.
Because I occasionally wear them around the pool of a friend of mine.
The chlorine is consistent with the chemical composition of the pool water at Chloe's high school, where Brittney was murdered.
This is crazy, Jane.
This is crazy.
I agree.
Peg, I know that you love your girls, and you would do anything for them.
So, start telling the truth.
You do not want Michelle to go to jail for something you did.
I'm sorry.
You're sorry? I didn't want to kill Brittney.
I didn't mean to-- I didn't even think I-- What happened, Peg? I went to the pool to try to convince Brittney not to testify against Chloe for cheating.
Okay.
Chloe wanted to go to the interstate finals so badly, and this girl was lying.
And so, I wanted to reason with her.
But she wouldn't even get out of the pool to talk.
She just laughed and swam away.
And when she came up for air, she spit water in my face, and I-- I just-- I flipped.
I'm sorry! I'm sorry.
I'm sorry.
I'm sorry.
It's just so sad.
Hey, at least we found the right killer.
Yes, "we" did.
And now the girls are gonna go live with their aunt Tracy, who isn't a cold-blooded murderer.
So, it's practically "happily ever after" thanks to us.
Yes.
Yes, right.
Thanks to "us.
" Kim, I got your text.
What's up? Oh, yeah.
Uh, we need to get paid.
Have you found the father? Honestly, it's like he has completely disappeared.
There's no evidence that he ever went to New Mexico or anywhere else.
Like your mother said, he hasn't paid taxes or gotten a driver's license or opened a bank account.
I tried to contact his family, but he is an only child, and both of his parents are dead.
I'm sorry.
Um, I've got to go.
Black cherry slushy? Oh, uh oh.
I'm Luke Daniels, firm's creditor.
Gina Blunt.
It's nice to meet you.
I hear you're thinking about paying off my loan, taking on my debt here.
That's right.
Have you seen the firm's outstanding liabilities? I'm aware of the firm's balance sheet.
Parker's been quite honest.
So, you know you'd be assuming a lot of risk.
Yeah, that's-- that's true, Luke.
And yet, you invested.
My reasons were personal.
Ah.
I just wanted to make sure you had all the information.
How thoughtful.
You forgot your slushy.
I haven't forgotten anything.
Mom, I need to know why I had a falling out with Mrs.
Surnow.
Jane, take a breath.
Can I pour you a glass of vino? No, thank you.
Listen-- What happened between us? And why did I stop talking to Chloe? Well, I'm surprised you don't remember because you were pretty upset back then.
Well, I probably blocked it out.
Will you please just tell me? Okay.
After Chloe's father took off, she was a wreck.
She cried for weeks.
And you tried to convince Peg to let her daughter call her father in New Mexico, But she was dead set against it.
In fact, she forbade you from seeing Chloe because of it.
Mr.
Surnow never paid those two alimony payments.
In fact, I don't think he ever went to New Mexico.
Why would Peg have lied about that? I think I need to make a call.
Thank you.
So, the detective found skeletal remains of a man in their backyard.
Oh, my god.
Dental records are consistent with Mr.
Surnow's.
I just can't believe it.
Hmm.
After all these years.
Janie, how did you even know he was buried here? Chloe said that her dad disappeared in the middle of the night.
If Peg killed him in the house, he'd be way too heavy to move.
She'd have to drag him out back and dig a hole.
She made up a story, and we all believed it.
He didn't have any other family and no one missed him except for his daughters.
You know what? Let's go home.
Actually, while you were talking to the detective, Stacy called.
We need to make a stop.
Hello, there.
Am I interrupting? No, of course not.
I would like to assume the firm's debt.
I accept your offer.
That is fantastic news.
Hey, how about we go celebrate? Uh, actually tonight I have plans.
Rain check? Anytime.
Welcome aboard.
Mom, what are we doing here? It's been a long day.
I just want to go home.
Jane.
Uh, we need you to listen to us.
Is that Owen's sweater? And the stuffed frog that he won for me at the pier.
We're doing an ex-fiancé bonfire.
Jane, we love you, and we care about you, which is why we need to tell you the truth about Owen.
He went to Minneapolis, where his college girlfriend lives.
You went on Facebook? She did.
A-And she got his credit card bills.
He stayed at a motel.
Wait.
How do you know about Facebook? Because I did my research.
You know? I just-- I just wasn't ready to admit it.
But I still had hope.
Well, if you want, we can just go home and forget about this.
And there's nothing wrong with a little denial.
No, actually, there is.
Owen doesn't want to marry me.
And as much as I don't want to say that I need to face it and move on.
So, who has a match? Teri?