Bull (2016) s04e10 Episode Script
Imminent Danger
1 We don't talk anymore We don't talk anymore We don't talk anymo [MUSIC STOPS.]
We don't talk anymore - [KEYS CLACKING.]
- We don ta we don't ta We don't talk anymo We don't talk anymore We don't talk anymore, like - [MUSIC STOPS.]
- Hello.
I.
T.
department? I'm having an issue with my desktop computer.
[EXHALES.]
Well, there are these photos of me and an old boyfriend, and they just keep scrolling.
I can't get rid of them and can't get back to my desktop.
Uh, wait a second.
They just stopped.
Just disappeared.
[LAUGHING.]
Hey.
Oh, my God.
Garrett.
He's here.
I think I need to go over there.
I think I need to say something.
Garrett, this is not cool.
Erin.
What are you doing here? This isn't your neck of the woods.
Don't act like you didn't know I'd be here.
You followed me here.
Uh, Erin, I've been here for over an hour.
You must have hacked my phone, didn't you? You read my texts, or something.
This is the second time this week you just happened to be where I am.
Actually, this is the second time this week you just happened to be where I am.
Listen to me, Garrett.
Next time, I call the police.
Understand? [PANTING.]
[SIGHS.]
MAN: 911.
What's your emergency? I need you to come over.
I think there's someone in my house.
[SIREN WAILING IN DISTANCE.]
There's nobody in here, ma'am.
You want to come back inside and have a chat? ERIN: I know it's him.
I know it's Garrett.
He must have broken in while I was in the shower.
Yeah, I'm pretty sure that was his plan.
Make it really hot in here, force me to open a window, give him a way to get in.
- Really? That's quite a plan.
- I don't know how he changed the thermostat, but he did that, too.
They're all connected to the Internet, right? That's his thing.
- The Internet.
- [MALE OFFICER CLEARS THROAT.]
Excuse me, ma'am.
I'll be back in just a second.
We ran those prints on the window.
They're all hers.
So there's no trace of this Garrett guy? Yep.
Just like there was no trace the time she claimed he broke in and left candles burning all over her house, or the time she claimed he broke in and left a pornographic movie playing on the TV.
How many times do we need to keep coming over here? [DOG BARKING IN DISTANCE.]
- [GUNSHOT.]
- [GARRETT AND ERIN YELL.]
[DOOR BANGS OPEN.]
You shot me! [GARRETT PANTS.]
Erin, darling I can't I can't move.
I can't m [FIRING REPEATEDLY.]
[GUN CLICKS EMPTY.]
[SIREN WAILING IN DISTANCE.]
["SLEIGH RIDE" PLAYING.]
Marissa? [SIGHS.]
Oh.
Someone's been Christmas shopping.
Don't rub it in.
Do we have anyone out there who can wrap? Uh, you mean like Kanye? Or Martha Stewart? [SIGHS.]
Come on, you know you're gonna laugh after I leave.
I certainly hope so, someday.
- What a grinch.
- Proud of it.
So, when are you gonna ask me what I want for Christmas? I know what you want for Christmas, because it's the same thing you want every Christmas.
A highly personalized, completely bespoke gift card from that online shopping site named after legendary female warriors.
Is that what it's named after? I always thought it was the rain forest in South America.
Oh.
You're probably right.
[SIGHS.]
: Well [SMACKS LIPS.]
What would you like for Christmas? A Christmas party.
You mean here? At the office? An office Christmas party? Well, you asked me what I want.
That's what I want.
No.
That's just what you think you want.
Because when you're suddenly at this office Christmas party, you're gonna realize Jennifer Aniston is not coming, Jason Bateman is not coming.
'Cause they were in that movie about the office Christmas party.
But they're not coming to your Christmas party.
You're gonna be with all the same people you work with every day, except they're gonna be drunk and irritated that the Secret Santa from last year regifted them the same stupid scented candle this year.
Well, that's what I want.
I need a Christmas party, Bull.
I need people around.
And I could really use a stupid scented candle.
[TAKES DEEP BREATH.]
Far be it from me to stand in the way of your happiness.
'Tis the season, right? You have the company credit card.
I don't have to come, do I? [KNOCKING.]
Hey.
We going to Rikers? Another freebie, huh? More pro bono work? Says in this file that this girl Erin Flemming, shot a man in cold blood.
Six times.
I didn't say we'd take the case.
I said we'd listen to the accused, hear her story.
Says here he was unarmed, but she's claiming self-defense, because he supposedly stalked her relentlessly for months.
Not sure I understand how that works, but okay.
I believe the man had broken into her home and threatened to kill her.
Be that as it may, you only have the right to defend yourself with lethal force if you are in imminent danger.
You know as well as I do, the prosecutor's gonna argue that any threat to this Erin girl was long gone when that unarmed intruder left her house.
It's pretty cut-and-dried, Bull.
I don't know how we win with these facts.
I hear you, Benny.
But how about we hear the facts from someone who was there before we make up our minds? ERIN: Came home from work.
I went inside.
Walked into the kitchen, and there was Garrett, waiting, like we were a couple.
Like he lived there, too.
Did he have a weapon? Not that I could see.
[PANTING.]
: Then he came towards me wrapped his arms around me, started to lift me up.
I guess in his head I was supposed to wrap my legs around his waist so that he could carry me off to the bedroom or the kitchen table, - or who knows? - And how did you get away from him? I started kicking him.
I bit his ear.
I knew that my gun was in my purse, and so the second that he released me, I grabbed it.
I grabbed it, and I aimed it at him.
But he didn't seem to care.
He just kept coming towards me.
And so I shot him in the leg.
And he seemed stunned, but it didn't stop him.
After a second or two, he kept coming, reaching for my gun.
And so I shot him again, right in the arm.
That one hurt; you could tell.
Blood everywhere.
He looked at me like I was crazy.
- Just went running for the door.
- And what made you follow him? I know that it seems crazy but I was still scared of him.
So I-I just kept following him, and I shot him until there were no more bullets left.
It says in the file you got a restraining order against him.
Sure did.
If I made plans to meet a friend somewhere, Garrett would show up.
So how do you think he knew where you'd be? He's a tech wiz.
Owns a company that develops apps.
I'm pretty sure that he was hacking my phone.
So I changed phones.
I changed phone numbers.
But he still just kept showing up.
And then he took my dog.
Huh.
I didn't see that in the file.
BENNY: I don't know, Bull.
I have the same problems I had before we went in there, - plus a few more.
- Like? [SIGHS.]
: Like I'm not sure her story makes sense.
I mean, what was he hoping would happen? What did he have to gain? Did he really think he was gonna get back with this girl after he broke into her house, after he stole her dog? Well, unfortunately, the most common, most dangerous kind of stalker is the intimate partner who's been rejected.
Of course, they want to get back together, but they also want revenge for having been turned away.
I take it we're going to court.
Yeah.
I'll see if I can get us a trial date before the holidays.
Juries are always more generous before Christmas, - less likely to convict.
- Eh, whatever you say, Bull.
But, hey.
I'm here to tell you, it's gonna take a miracle for us to get on that court calendar this late in the year.
Well, 'tis the season.
And I hear if you're looking for a miracle, now's the time to ask.
["DECK THE HALLS" PLAYING.]
- Taylor.
- George.
Nice to meet you.
Thanks for being so flexible with the day and the time, all the changes.
You work for the city, right? Yep.
And what exactly is "information management"? Actually it's fancy for, "I'm a librarian.
" Seriously? Actually, I'm a senior librarian for the citywide system.
I oversee all 92 branches.
Second biggest library system in the country behind the Library of Congress.
Admit it.
I'm your dream date.
[LAUGHS.]
You're funny.
The great thing about working at Homeland Security was the look on people's faces when you told them.
They were convinced I was single-handedly keeping the world safe.
Weren't you? I was a tiny part of a very big machine.
Hmm.
So, what was the bad thing? You said there was a great thing, so I'm guessing there had to have been a bad thing.
You were always just very much in touch with all the evil in the world.
Always aware it was there.
And it grinds you down after a while.
Hmm.
Ground me down, anyway.
Especially once I became a mother.
Brought a child into the world.
So, you have a child, wow.
Four-year-old son.
Huh.
You allergic? Hey, I'm still wrapping my brain around the idea that you apparently had sex at least once before you met me.
[LAUGHING.]
You feel them? Feel who? All the ghosts.
Oh, all the ideas.
All the stories.
Huh.
You don't get that looking at a tablet.
Or reading a book on your phone.
It's actually impossible to feel alone in a library.
It's very quiet, but it's so damn alive.
You know you're weird, right? [LAUGHS.]
You know, when I was a kid, in the summers, when it would get hot out, my friends would go to the city pools.
But me? I'd go to a library.
I love a library.
I always have.
And believe me I get it.
Libraries are like dodo birds.
They're gonna be extinct very soon.
But I'm telling you, we're losing something in the bargain.
Something really wonderful.
You had enough now? [QUIET LAUGH.]
I've been told a little George goes a long way.
Knock, knock.
We come bearing holiday news.
Ah, bear away.
Well, we actually got on the court calendar before Christmas.
Oh, there is a Santa Claus.
Well, maybe there is and maybe there isn't.
We've been assigned Judge Humphrey.
Bah, humbug.
What's wrong with Judge Humphrey? I worked with the guy when he was a prosecutor at the D.
A.
's office.
He's okay.
Well, maybe he was okay with you, but you didn't wipe the floor of criminal court with him when he was the A.
D.
A.
Ah.
I take it you went head-to-head with him, and his head got the worst of it? - Something like that.
- MARISSA: Oh, Bull won the case.
Truth be told, he cleaned the man's clock.
It was a very high-profile murder trial and our boss picked an outstanding jury.
I picked a perfect jury.
Outstandingly perfect.
In any event, Mr.
Humphrey did not take it well.
No, he did not.
He started making accusations.
Said that I was perverting the jury system.
Said that trial science was nothing but jury tampering.
I am telling you, once he finds out that I'm part of Erin's defense team, we're not gonna get a fair trial.
We need to request a new judge.
I don't know, Bull.
This doesn't really rise to the level of cause.
And if we try to get Humphrey struck and we lose, well, then he's really gonna have it in for you.
Maybe we ought to not jump to conclusions.
Maybe he won't even remember you.
Oh, he'll remember me.
I humiliated the man.
You know how they say a-a watched pot never boils? Same is true with cell phones.
They will not ring.
A text will not appear.
That e-mail will not get answered.
Not until you're in the middle of a big work meeting and you can't reach for your phone.
You want to tell Danny all about it? All about what? Clearly you either went on a hot date last night and you are waiting for him to call, text or otherwise signal that he had as good a time as you did, or your little boy is sick and you're waiting for the nurse to call you back.
My vote first date.
'Cause I just find it hard to believe that your son gave you that hickey.
[SIGHS.]
That what they taught you in the FBI? Your tax dollars at work.
BENNY: Just for the record, this is gonna be a tough one.
Even if we can prove that Erin was being stalked, some jurors won't think it was enough to justify killing him.
True, and that is why we want jurors with the gift of fear.
People whose instincts alert them when things aren't quite right, and they listen to those instincts, even at the risk of looking or feeling stupid.
BAILIFF: All rise.
The Honorable Judge Humphrey presiding.
HUMPHREY: Good morning.
Just a small piece of business before we get started with voir dire.
I have a firm rule in my courtroom.
Only attorneys and parties to the proceedings are allowed in front of the bar.
Anyone who doesn't fall into those two categories, please remove yourself to the gallery.
I'm not gonna say I told you so.
I'm just gonna think it.
I'll be right back here.
Good morning.
It says here on your jury information card that you work for a ride-sharing company.
- I do.
- Let's say you're driving, and you pull up to a railroad crossing.
There are no gates that come down.
Just some blinking lights and a bell.
You look both ways, and there is not a train in sight.
What do you do? Do you go or do you just sit there and wait as long as it takes for that train to come? Me? I'm going to probably sit there as long as it takes.
Excuse me, Mr.
Colón.
Where are you looking? The juror's up here, I'm up here.
Eyes front, and let's move this thing along.
We'd like to seat this jury before the new year.
Absolutely, Your Honor.
Juror number three is acceptable.
[WHISPERING.]
: Ask juror number eight the grocery bag hypothetical.
HUMPHREY: Excuse me, Dr.
Bull.
Do you have something you'd like to share with the class? Uh, I'm sorry, Your Honor.
Um, with the court's permission, it would certainly be easier for me to do my job if I could sit with counsel and my client.
Oh, then I guess the apologies are all mine.
And exactly when was it you finally passed the bar exam? Last time we met, I remember you still hadn't attended to that.
And I still haven't, Your Honor.
Haven't really seen the need.
Then I suggest you make your peace with where you're sitting.
- Good morning, ma'am.
- Good morning.
Now, let's imagine that you've just done your grocery shopping, right? Young man approaches and offers to help you load your bags into your car.
Do you accept his offer? Sure, why wouldn't I? Um, we'd like to thank and excuse this juror, Your Honor.
How about you? Would you accept help from a nice, young man who offered to help you with your bags? Do I know this young man? No, it's just a friendly stranger.
Then, no, if I don't know the person, I'm not gonna accept their help.
These are crazy times.
Lots of crazy people out there.
Hmm.
Juror number nine is acceptable, Your Honor.
What do you have on juror 15, Marissa? MARISSA [OVER EARBUD.]
: Uh, Walter Cox.
43, single.
Owns his own pottery place.
Has a Labrador named Max.
[WHISPERS.]
: Ask our friend why he has a dog.
BENNY: Juror number 15.
Thank you for your time.
Now you strike me as a dog owner.
What is that about? Is it protection, companionship? Excuse me, Mr.
Colón.
Do you mind telling me how you know this particular juror even has a dog? I don't see any question about pets on the jury questionnaire.
Oh, let me guess.
Your high-priced jury consultant back there somehow got a peek at the jury pool list and sent his team of spies after them.
With all due respect, Your Honor.
This juror is clearly wearing a dark sweater covered in dog fur.
I believe Mr.
Colón is simply being observant.
Be that as it may, I know how you work.
You've been researching this jury pool for days.
Even as I'm talking to you, you have an operative staring at reams of data, helping you figure out who you want and who you don't.
My goodness, Judge Humphrey.
You've got quite the imagination.
All I do is what any student of jury trials does.
I ask smart questions and make informed judgments based on what I've seen and heard.
You're a scoundrel, Dr.
Bull.
Always have been, always will be.
You pervert the jury system, try to bend it to your will.
And you do it for money.
Well, not in my courtroom.
Officer, escort this man out.
Judge Humphrey, this has nothing to do with today, and you know it.
This has to do with a case from years ago.
And I won that case fair and square.
And I think it's time you got over it.
You wouldn't know fair and square if it came up and kissed you on the lips.
And besides, no one gave you permission to talk.
I'm fining you a thousand dollars for contempt.
I have 50 witnesses! This is a blatant abuse of judicial power and completely unfair.
Make it $5,000.
And I don't want to see your face in my courtroom for the remainder of this trial! It's simple.
Marissa, you'll be my eyes and ears in court, and I will stay here and monitor the mirror jury.
MARISSA: Uh, hold on a sec.
I'm not so sure that plan is gonna work.
I can't be your eyes and ears because I don't have your eyes and ears.
I don't know what to look for.
I don't know what to listen for.
Well, I will be talking to you.
I'll be in your earwig the way you're always in mine, and I will tell you what I need to know and how to spot it.
We're all smart people here.
BULL: While I wait to hear from Marissa, someone bring me up to speed.
What do we know today that we didn't know yesterday? What we really need is proof that Garrett was actively tracking Erin.
Using her own devices to stalk her.
The problem is I just can't find any evidence of that.
There's nothing on his computers, his phone or his tablet connecting him to Erin or her devices.
There's no spyware, no malware.
Nothing indicating that he was hacking or tracking Erin at all.
Well, the guy was an app developer, right? Maybe he found a way to I just don't see how that's possible.
I've scoured all the equipment the police seized from Garrett's home and offices, and it's all completely clean.
Weirdly clean, if you ask me.
- How so? - TAYLOR: Well, I've never examined a hard drive where someone hasn't visited at least one naughty website, asked one embarrassing question on Google.
His are all clean as a whistle.
So I'm inclined to believe he did his dirty work on some other system that he has hidden away somewhere.
MARISSA: Bull? Marissa.
I'm doing my best to speak as softly as possible.
Can you hear me? BULL: I can hear you.
Can you hear me? I can hear you.
This is so strange.
Like spending your whole life sleeping on the left side of the bed and then suddenly switching to the right.
RIVERS: Officer Zarmeke, by the time Garrett Kurtz, the victim, had fled the defendant's home, how many times had he already been shot? According to Ms.
Flemming's statement, she had already shot Mr.
Kurtz twice at that point.
[GALLERY MURMURING.]
My jury did not like that.
[SIGHS.]
Neither does mine.
RIVERS: The defendant told the police, told you that Mr.
Kurtz apparently broke into her house that night and laid in wait for her.
Did you find any evidence to support this claim? No, we did not.
There were no signs of forced entry.
None whatsoever.
And don't the defendant's phone records indicate that earlier in the day, the defendant called Mr.
Kurtz a number of times? Yes.
Phone records indicate Ms.
Flemming placed calls to Mr.
Kurtz 21 times that day.
RIVERS: 21 separate phone calls.
That isn't true.
I didn't call him.
I would never call him.
Erin just got upset at that last piece of testimony.
Excellent.
Did the jury notice? Uh, I don't really know.
- I was too busy noticing - BULL: Marissa, you're not there to watch the trial.
You're there to watch the jury.
RIVERS: So, Officer Zarmeke, did it occur to you that Ms.
Flemming might well have invited the victim over - just so she could kill him? - BENNY: Your Honor.
Objection.
Speculation.
Sustained.
Jury will disregard.
BULL: So, what do you think, Marissa? Did the jury disregard? Or did they buy into it? I don't know.
Uh, look at the monitors.
Well, the monitors tell me what the mirror jurors think.
I want to know what the real jurors think.
But I'm not a mind reader, Bull.
I am a scientist.
That's why we have the mirror jurors.
What color are the screens? They're red.
They're all red.
They have been red from the beginning.
Well, there you go, then.
Well, then, I don't know what you're doing there.
You asked me to come here.
RIVERS: I have no further questions for this witness.
BENNY: Good morning, Officer Zarmeke.
Are you familiar with a technique known as phone spoofing? Yes.
BENNY: And isn't it true that phone spoofing is a technique that allows you to change your caller I.
D.
number to any number, making it possible for you to dial your cell phone number, say oh, I don't know 20, 21 times and make it look as if it was an old girlfriend placing those calls? I suppose that's possible, yes.
So when you testified a moment ago that Erin Flemming called Garrett Kurtz 21 times on the day he showed up to her house, you don't actually know for a fact that it was Erin who called him at all, do you? No, but In fact, hadn't Ms.
Flemming made multiple complaints to the NYPD that her stalker, Garrett Kurtz, was hacking into every aspect of her technology, including her phone? - Yes, but - And isn't it true that Ms.
Flemming strongly suspected that Mr.
Kurtz hacked both her smart locks and her security system to unlock her doors and break into her home on multiple occasions? Yes.
But we never found any evidence to support those allegations.
And did you find any evidence to refute those accusations? BULL: Are they all paying attention? Totally.
No.
[GALLERY MURMURING.]
BENNY: Officer Zarmeke, do me a favor, and could you please tell the jury what you see here? It is a photograph of Ms.
Flemming's windows showing in addition to her high-tech systems, she's installed dowel rods to secure - her windows.
- Mm-hmm.
And do you recognize the doggy door in Ms.
Flemming's home? - Yes.
- And by my count, it's been nailed shut with 23 nails.
Am I right? Yes.
We just got two greens.
How you liking the right side of the bed? BENNY: Is it fair to say that you've been in a lot of homes in the course of your career? Yeah, that's fair.
Do most people go to the trouble and expense of installing high-tech locks? Dowel rods in every window? Nailing shut their doggy doors? - No.
- Would you concede that these extraordinary security measures would seem to indicate that someone was living in extreme fear for their life? Yes.
[GALLERY MURMURING.]
BENNY: Thank you.
No further questions, Your Honor.
I need a favor.
I'm kind of in the middle of something.
Call my cell.
- Excuse me? - It hasn't rung in two days, and I need to be sure it's working.
And I'm the only one that you could ask? Why don't you call yourself from your desk phone.
Because then Danny would see, and she would know it's been two days and I haven't gotten a call from anyone.
Can you just call me? Just [LINE RINGS.]
- [PHONE RINGS.]
- [SIGHS.]
Damn.
Yeah.
Sucks when things work, doesn't it? This is not funny.
Can you text me now? Seriously? I haven't gotten any texts, either.
Not even a poop emoji from my son.
Well, maybe your phone's constipated.
Let's see.
[PHONE WHOOSHES.]
[PHONE CHIMING.]
Okay.
That's enough.
Clearly, my phone is in excellent digestive health.
Great.
Now get out of here.
Wash your hands and let me do my work.
[PHONE WHOOSHES.]
[PHONE CHIMING.]
[DOOR OPENS.]
That's how you say thank you? [DOOR CLOSES.]
Garrett and I have been neighbors for a couple years now.
He lived right next door.
Really nice man.
And was that the extent of your relationship? Friendly next-door neighbors? Well, that's how it started.
But then about a month ago, uh, he asked me out.
What was that like? Well, we, uh, went on two dates, and those seemed to go well.
Um, and then I needed to leave the country on business, so we made plans to see each other as soon as I got back.
He had a girlfriend? MARISSA: The jury seems fascinated.
That's because we don't think of stalkers as having girlfriends.
Why stalk someone who doesn't want to be with you when there's someone else who does? So, you knew the victim for years.
Did he ever behave aggressively towards you? No.
Absolutely not.
He was always a perfect gentleman.
RIVERS: Out of curiosity, Ms.
Landry, have you ever actually met the defendant before? Never met her.
But I've seen her in action.
She was at Garrett's house a couple months before he was killed.
It looked like she was trying to break in.
RIVERS: Trying to break in how? LANDRY: Peeking in his windows.
Pounding on his front door.
MARISSA: The jury keeps looking over here at Erin.
BULL: Of course.
They're starting to think she's the stalker.
Is there a police report on any of this? No, not even a call to 911.
Okay.
Uh, Marissa, this woman never called 911.
Benny can use that on cross.
Have him ask why she didn't call the police if Erin seemed so suspicious.
- Got it.
Psst.
- RIVERS: And did the victim respond to any of this? LANDRY: No.
Either he wasn't home or he was just scared.
I mean, she was going crazy.
I actually heard her screaming, "I'm going to kill you, Garrett.
" [GALLERY MURMURING.]
BENNY: Sorry, Bull.
I hit that neighbor as hard as I could.
Didn't seem to make a damn bit of difference.
I was sure when you asked her why she didn't call 911 I mean, with all that supposed screaming, all those supposed death threats It's almost like the jury went deaf.
You got to hand it to the other side.
I think they've done it.
Think they've pretty much convinced the jury that she's the stalker and he's the victim.
Well, Erin's up next.
Maybe once the jury hears from her MARISSA: I'm not sure it's gonna make much of a difference.
Erin and I shared a cab after court.
She is convinced the jury doesn't like her, doesn't believe her.
I'm worried that her lack of self-confidence is all the jury's gonna see.
Well, tell her not to look at the jury.
Tell her to look at me.
I believe her.
No.
She can't just not look at the jury.
If they don't believe her, they're gonna convict her.
And the only way they're gonna believe her is if Erin speaks directly to them.
But, Bull, they're all red.
If she sees that in their faces, I think it's gonna shatter what little self-confidence she has left, in which case her testimony will be a disaster.
Well, there's got to be at least one of 'em who wants to believe her.
You've got a contender? Yes, I do.
From my vantage point, based on the juror profiles, I'd put my money on juror number three, the woman who works for the ride-share company, the one who said she would sit and wait for however long it took for the train to come.
I think she's someone who can imagine extreme, fear-driven scenarios.
And if Erin can convince her, I think maybe she can convince everyone else.
I agree with Bull that Erin needs to reach one of these jurors.
But I am a lot more confident in juror number nine, the woman that said she wouldn't let a stranger carry her groceries.
She smiles at Erin all the time.
And, frankly, I haven't seen juror number three smile at all.
- Well, can't go by that.
- But you do.
All the time.
I'll give you my two cents about a juror based on how a mirror juror responds to testimony, and, privately, you'll tell me I'm wrong, that there's something I'm not seeing that you are 'cause you're actually there.
Well, I'm actually there.
Well, I don't doubt you believe that.
And your opinion matters to me.
But we're trying to keep someone out of prison, not win a bet.
So I need both of you to have her address her testimony to juror number three.
Done and done.
Juror number three? Juror number three.
[SOFT CHATTER.]
Erin.
How are you? How are you holding up? I'm terrified.
It'll go away.
You'll see.
After you testify, after we win.
[DOOR OPENS.]
By the way, did Mr.
Colón tell you to address your testimony to any one specific juror? Uh-huh.
Juror number three.
The young woman who drives for a living.
[STAMMERS.]
I'm so glad that you reminded me.
I promised Dr.
Bull and Benny that I would tell you.
We made a mistake.
We meant to tell you number nine.
Number nine? A-Are you sure? I'm positive.
The juror who wouldn't take any help with her groceries.
The one juror we are certain is in your corner is number nine.
ERIN: I went to Garrett's house that day because I knew that he had taken my dog.
Zeke was everything to me.
He was my protector.
And he was the one thing I knew that Garrett couldn't hack or reprogram.
Which, I guess, is why Garrett felt the need to take him.
The truth is, I was worried Garrett might hurt Zeke, maybe kill Zeke.
Which is why I was looking through the windows and shouting.
I was hoping that he would hear my voice and come running, so that I could see him and know that he was alive.
And what I was actually screaming was, "If you hurt my dog, I'll kill you.
" Not that it matters.
I know that that's still a threat.
But, for me it was all about Zeke.
BULL: Marissa, which juror was it you said seemed most sympathetic to Erin? Uh, you mean last night? I think it was juror number nine.
Wow.
Good call.
She just turned green.
[KNOCKING.]
Oh, my God.
You did it.
You got into Garrett Kurtz's house.
Had to use my old FBI credential on the landlord, but, yeah, I did it.
The only problem is, I haven't found anything, and I'm not a computer person, so I don't really know what I'm looking for.
That's why you called me.
That's why I'm here.
Time's a-wasting.
Give me the tour.
Well, there's not all that much to show.
This is the ground floor.
There's nothing here.
Upstairs is the bedroom.
There's nothing there either, but let me show you.
[FLOOR CREAKING.]
You feel this? Feel what? This piece of floor.
It feels weird.
I think this comes out.
[GRUNTS.]
[GRUNTS.]
[GASPS.]
Wow.
That must be a Faraday cage.
A what? A Faraday cage.
They block electromagnetic fields.
That's why no one ever knew there were any computers down here.
[KEYS CLACKING.]
Let's see what we can see.
BULL: Here's what you need to know.
If, for some reason, the verdict doesn't go our way, we will immediately file for an appeal.
And then there will be something called a stay of sentencing, where we will begin to prepare for a whole new trial.
And how long will that take? I mean, a whole new trial.
A year.
Maybe two.
What about bail? I wouldn't have to go to prison while waiting for a trial, would I? Well, Erin, you're on trial for murder.
It's highly unlikely that they would grant you bail again.
[PHONE VIBRATING.]
Oh, I'm sorry.
[EXHALES.]
We're about to have a baby soon.
I understand.
[EXHALES.]
Yes? We can hear you.
We can hear everything you're saying.
I'm sorry, what are you talking about? We found the computers Garrett used to stalk Erin.
And based on the fact that I can hear everything you and everyone else in the room is saying, I'm guessing he bugged her.
It's on you.
Garrett planted some kind of bug, some kind of tracking device, and it's on you.
What? Where? I don't know, but he had to be reasonably sure it'd be with you whenever you went out.
Dump your purse.
This pepper spray feels empty.
How much do you use it? Actually, I've never used it.
ERIN [RECORDED.]
: What are you doing? What are you doing here? Get out of my house! GARRETT: I know you don't mean that, Erin.
- [ERIN GRUNTING.]
- Stop pretending you don't like me! Stop pretending you don't love this! [ERIN AND GARRETT SHOUTING.]
- [GUNSHOT.]
- [GARRETT SHOUTS.]
- GARRETT: Oh, my God.
You shot me! - [ERIN PANTING.]
I'm gonna kill you, you crazy bitch! Ladies and gentlemen of the jury, we have thousands of hours of that tape.
Believe it or not, Garrett Kurtz was listening and cataloguing Erin's every move for six months.
And in an ironic twist, he even recorded the night he decided to invade her home and force himself on her.
The night she finally ended his reign of terror.
So let me ask you, do you need any further proof that this woman was in imminent danger? Because, like I just said, we have thousandsof hours of it.
["IT'S THE MOST WONDERFUL TIME OF THE YEAR" PLAYING.]
It's the most wonderful time of the year Ding-dong, ding-dong With the kids jingle belling and everyone telling - You be of good cheer - Ah It's the most How do you like your present? I love it.
Where's Izzy? Uh, fast asleep.
On her back, dreaming of the night she can sleep on her stomach again.
[CHUCKLES.]
- Juror number nine, huh? - Oh, - I just got lucky.
- No.
I think I'mthe one who got lucky.
Merry Christmas, Marissa Morgan.
Merry Christmas, Dr.
Bull.
[CHUCKLES SOFTLY.]
There'll be parties for hosting - Marshmallows for toasting - [PHONE RINGING.]
And caroling out in the snow - There'll be scary ghost stories - [MAN SPEAKING INDISTINCTLY.]
- I'm sorry? - [MAN SPEAKS INDISTINCTLY.]
Hold on a second.
I-I can't hear you.
Let me get to someplace quiet.
It's the most wonderful time Sorry about that.
Hello? Can I help you? GEORGE: You know, your fives look like threes.
Excuse me? Your fives.
You gave me your number, and I'm beginning to think you didn't want me to have it, because your fives, they look like threes.
They also look like eights.
They also look like sixes.
And I don't even want to get into what your twos look like.
[CHUCKLES.]
George? I've been trying to call you for a week.
You know how many different numbers I've tried? I hear music.
You out clubbing? Uh, office Christmas party.
Wow.
So you're busy.
I am so not busy.
Want to go to the library? Year
We don't talk anymore - [KEYS CLACKING.]
- We don ta we don't ta We don't talk anymo We don't talk anymore We don't talk anymore, like - [MUSIC STOPS.]
- Hello.
I.
T.
department? I'm having an issue with my desktop computer.
[EXHALES.]
Well, there are these photos of me and an old boyfriend, and they just keep scrolling.
I can't get rid of them and can't get back to my desktop.
Uh, wait a second.
They just stopped.
Just disappeared.
[LAUGHING.]
Hey.
Oh, my God.
Garrett.
He's here.
I think I need to go over there.
I think I need to say something.
Garrett, this is not cool.
Erin.
What are you doing here? This isn't your neck of the woods.
Don't act like you didn't know I'd be here.
You followed me here.
Uh, Erin, I've been here for over an hour.
You must have hacked my phone, didn't you? You read my texts, or something.
This is the second time this week you just happened to be where I am.
Actually, this is the second time this week you just happened to be where I am.
Listen to me, Garrett.
Next time, I call the police.
Understand? [PANTING.]
[SIGHS.]
MAN: 911.
What's your emergency? I need you to come over.
I think there's someone in my house.
[SIREN WAILING IN DISTANCE.]
There's nobody in here, ma'am.
You want to come back inside and have a chat? ERIN: I know it's him.
I know it's Garrett.
He must have broken in while I was in the shower.
Yeah, I'm pretty sure that was his plan.
Make it really hot in here, force me to open a window, give him a way to get in.
- Really? That's quite a plan.
- I don't know how he changed the thermostat, but he did that, too.
They're all connected to the Internet, right? That's his thing.
- The Internet.
- [MALE OFFICER CLEARS THROAT.]
Excuse me, ma'am.
I'll be back in just a second.
We ran those prints on the window.
They're all hers.
So there's no trace of this Garrett guy? Yep.
Just like there was no trace the time she claimed he broke in and left candles burning all over her house, or the time she claimed he broke in and left a pornographic movie playing on the TV.
How many times do we need to keep coming over here? [DOG BARKING IN DISTANCE.]
- [GUNSHOT.]
- [GARRETT AND ERIN YELL.]
[DOOR BANGS OPEN.]
You shot me! [GARRETT PANTS.]
Erin, darling I can't I can't move.
I can't m [FIRING REPEATEDLY.]
[GUN CLICKS EMPTY.]
[SIREN WAILING IN DISTANCE.]
["SLEIGH RIDE" PLAYING.]
Marissa? [SIGHS.]
Oh.
Someone's been Christmas shopping.
Don't rub it in.
Do we have anyone out there who can wrap? Uh, you mean like Kanye? Or Martha Stewart? [SIGHS.]
Come on, you know you're gonna laugh after I leave.
I certainly hope so, someday.
- What a grinch.
- Proud of it.
So, when are you gonna ask me what I want for Christmas? I know what you want for Christmas, because it's the same thing you want every Christmas.
A highly personalized, completely bespoke gift card from that online shopping site named after legendary female warriors.
Is that what it's named after? I always thought it was the rain forest in South America.
Oh.
You're probably right.
[SIGHS.]
: Well [SMACKS LIPS.]
What would you like for Christmas? A Christmas party.
You mean here? At the office? An office Christmas party? Well, you asked me what I want.
That's what I want.
No.
That's just what you think you want.
Because when you're suddenly at this office Christmas party, you're gonna realize Jennifer Aniston is not coming, Jason Bateman is not coming.
'Cause they were in that movie about the office Christmas party.
But they're not coming to your Christmas party.
You're gonna be with all the same people you work with every day, except they're gonna be drunk and irritated that the Secret Santa from last year regifted them the same stupid scented candle this year.
Well, that's what I want.
I need a Christmas party, Bull.
I need people around.
And I could really use a stupid scented candle.
[TAKES DEEP BREATH.]
Far be it from me to stand in the way of your happiness.
'Tis the season, right? You have the company credit card.
I don't have to come, do I? [KNOCKING.]
Hey.
We going to Rikers? Another freebie, huh? More pro bono work? Says in this file that this girl Erin Flemming, shot a man in cold blood.
Six times.
I didn't say we'd take the case.
I said we'd listen to the accused, hear her story.
Says here he was unarmed, but she's claiming self-defense, because he supposedly stalked her relentlessly for months.
Not sure I understand how that works, but okay.
I believe the man had broken into her home and threatened to kill her.
Be that as it may, you only have the right to defend yourself with lethal force if you are in imminent danger.
You know as well as I do, the prosecutor's gonna argue that any threat to this Erin girl was long gone when that unarmed intruder left her house.
It's pretty cut-and-dried, Bull.
I don't know how we win with these facts.
I hear you, Benny.
But how about we hear the facts from someone who was there before we make up our minds? ERIN: Came home from work.
I went inside.
Walked into the kitchen, and there was Garrett, waiting, like we were a couple.
Like he lived there, too.
Did he have a weapon? Not that I could see.
[PANTING.]
: Then he came towards me wrapped his arms around me, started to lift me up.
I guess in his head I was supposed to wrap my legs around his waist so that he could carry me off to the bedroom or the kitchen table, - or who knows? - And how did you get away from him? I started kicking him.
I bit his ear.
I knew that my gun was in my purse, and so the second that he released me, I grabbed it.
I grabbed it, and I aimed it at him.
But he didn't seem to care.
He just kept coming towards me.
And so I shot him in the leg.
And he seemed stunned, but it didn't stop him.
After a second or two, he kept coming, reaching for my gun.
And so I shot him again, right in the arm.
That one hurt; you could tell.
Blood everywhere.
He looked at me like I was crazy.
- Just went running for the door.
- And what made you follow him? I know that it seems crazy but I was still scared of him.
So I-I just kept following him, and I shot him until there were no more bullets left.
It says in the file you got a restraining order against him.
Sure did.
If I made plans to meet a friend somewhere, Garrett would show up.
So how do you think he knew where you'd be? He's a tech wiz.
Owns a company that develops apps.
I'm pretty sure that he was hacking my phone.
So I changed phones.
I changed phone numbers.
But he still just kept showing up.
And then he took my dog.
Huh.
I didn't see that in the file.
BENNY: I don't know, Bull.
I have the same problems I had before we went in there, - plus a few more.
- Like? [SIGHS.]
: Like I'm not sure her story makes sense.
I mean, what was he hoping would happen? What did he have to gain? Did he really think he was gonna get back with this girl after he broke into her house, after he stole her dog? Well, unfortunately, the most common, most dangerous kind of stalker is the intimate partner who's been rejected.
Of course, they want to get back together, but they also want revenge for having been turned away.
I take it we're going to court.
Yeah.
I'll see if I can get us a trial date before the holidays.
Juries are always more generous before Christmas, - less likely to convict.
- Eh, whatever you say, Bull.
But, hey.
I'm here to tell you, it's gonna take a miracle for us to get on that court calendar this late in the year.
Well, 'tis the season.
And I hear if you're looking for a miracle, now's the time to ask.
["DECK THE HALLS" PLAYING.]
- Taylor.
- George.
Nice to meet you.
Thanks for being so flexible with the day and the time, all the changes.
You work for the city, right? Yep.
And what exactly is "information management"? Actually it's fancy for, "I'm a librarian.
" Seriously? Actually, I'm a senior librarian for the citywide system.
I oversee all 92 branches.
Second biggest library system in the country behind the Library of Congress.
Admit it.
I'm your dream date.
[LAUGHS.]
You're funny.
The great thing about working at Homeland Security was the look on people's faces when you told them.
They were convinced I was single-handedly keeping the world safe.
Weren't you? I was a tiny part of a very big machine.
Hmm.
So, what was the bad thing? You said there was a great thing, so I'm guessing there had to have been a bad thing.
You were always just very much in touch with all the evil in the world.
Always aware it was there.
And it grinds you down after a while.
Hmm.
Ground me down, anyway.
Especially once I became a mother.
Brought a child into the world.
So, you have a child, wow.
Four-year-old son.
Huh.
You allergic? Hey, I'm still wrapping my brain around the idea that you apparently had sex at least once before you met me.
[LAUGHING.]
You feel them? Feel who? All the ghosts.
Oh, all the ideas.
All the stories.
Huh.
You don't get that looking at a tablet.
Or reading a book on your phone.
It's actually impossible to feel alone in a library.
It's very quiet, but it's so damn alive.
You know you're weird, right? [LAUGHS.]
You know, when I was a kid, in the summers, when it would get hot out, my friends would go to the city pools.
But me? I'd go to a library.
I love a library.
I always have.
And believe me I get it.
Libraries are like dodo birds.
They're gonna be extinct very soon.
But I'm telling you, we're losing something in the bargain.
Something really wonderful.
You had enough now? [QUIET LAUGH.]
I've been told a little George goes a long way.
Knock, knock.
We come bearing holiday news.
Ah, bear away.
Well, we actually got on the court calendar before Christmas.
Oh, there is a Santa Claus.
Well, maybe there is and maybe there isn't.
We've been assigned Judge Humphrey.
Bah, humbug.
What's wrong with Judge Humphrey? I worked with the guy when he was a prosecutor at the D.
A.
's office.
He's okay.
Well, maybe he was okay with you, but you didn't wipe the floor of criminal court with him when he was the A.
D.
A.
Ah.
I take it you went head-to-head with him, and his head got the worst of it? - Something like that.
- MARISSA: Oh, Bull won the case.
Truth be told, he cleaned the man's clock.
It was a very high-profile murder trial and our boss picked an outstanding jury.
I picked a perfect jury.
Outstandingly perfect.
In any event, Mr.
Humphrey did not take it well.
No, he did not.
He started making accusations.
Said that I was perverting the jury system.
Said that trial science was nothing but jury tampering.
I am telling you, once he finds out that I'm part of Erin's defense team, we're not gonna get a fair trial.
We need to request a new judge.
I don't know, Bull.
This doesn't really rise to the level of cause.
And if we try to get Humphrey struck and we lose, well, then he's really gonna have it in for you.
Maybe we ought to not jump to conclusions.
Maybe he won't even remember you.
Oh, he'll remember me.
I humiliated the man.
You know how they say a-a watched pot never boils? Same is true with cell phones.
They will not ring.
A text will not appear.
That e-mail will not get answered.
Not until you're in the middle of a big work meeting and you can't reach for your phone.
You want to tell Danny all about it? All about what? Clearly you either went on a hot date last night and you are waiting for him to call, text or otherwise signal that he had as good a time as you did, or your little boy is sick and you're waiting for the nurse to call you back.
My vote first date.
'Cause I just find it hard to believe that your son gave you that hickey.
[SIGHS.]
That what they taught you in the FBI? Your tax dollars at work.
BENNY: Just for the record, this is gonna be a tough one.
Even if we can prove that Erin was being stalked, some jurors won't think it was enough to justify killing him.
True, and that is why we want jurors with the gift of fear.
People whose instincts alert them when things aren't quite right, and they listen to those instincts, even at the risk of looking or feeling stupid.
BAILIFF: All rise.
The Honorable Judge Humphrey presiding.
HUMPHREY: Good morning.
Just a small piece of business before we get started with voir dire.
I have a firm rule in my courtroom.
Only attorneys and parties to the proceedings are allowed in front of the bar.
Anyone who doesn't fall into those two categories, please remove yourself to the gallery.
I'm not gonna say I told you so.
I'm just gonna think it.
I'll be right back here.
Good morning.
It says here on your jury information card that you work for a ride-sharing company.
- I do.
- Let's say you're driving, and you pull up to a railroad crossing.
There are no gates that come down.
Just some blinking lights and a bell.
You look both ways, and there is not a train in sight.
What do you do? Do you go or do you just sit there and wait as long as it takes for that train to come? Me? I'm going to probably sit there as long as it takes.
Excuse me, Mr.
Colón.
Where are you looking? The juror's up here, I'm up here.
Eyes front, and let's move this thing along.
We'd like to seat this jury before the new year.
Absolutely, Your Honor.
Juror number three is acceptable.
[WHISPERING.]
: Ask juror number eight the grocery bag hypothetical.
HUMPHREY: Excuse me, Dr.
Bull.
Do you have something you'd like to share with the class? Uh, I'm sorry, Your Honor.
Um, with the court's permission, it would certainly be easier for me to do my job if I could sit with counsel and my client.
Oh, then I guess the apologies are all mine.
And exactly when was it you finally passed the bar exam? Last time we met, I remember you still hadn't attended to that.
And I still haven't, Your Honor.
Haven't really seen the need.
Then I suggest you make your peace with where you're sitting.
- Good morning, ma'am.
- Good morning.
Now, let's imagine that you've just done your grocery shopping, right? Young man approaches and offers to help you load your bags into your car.
Do you accept his offer? Sure, why wouldn't I? Um, we'd like to thank and excuse this juror, Your Honor.
How about you? Would you accept help from a nice, young man who offered to help you with your bags? Do I know this young man? No, it's just a friendly stranger.
Then, no, if I don't know the person, I'm not gonna accept their help.
These are crazy times.
Lots of crazy people out there.
Hmm.
Juror number nine is acceptable, Your Honor.
What do you have on juror 15, Marissa? MARISSA [OVER EARBUD.]
: Uh, Walter Cox.
43, single.
Owns his own pottery place.
Has a Labrador named Max.
[WHISPERS.]
: Ask our friend why he has a dog.
BENNY: Juror number 15.
Thank you for your time.
Now you strike me as a dog owner.
What is that about? Is it protection, companionship? Excuse me, Mr.
Colón.
Do you mind telling me how you know this particular juror even has a dog? I don't see any question about pets on the jury questionnaire.
Oh, let me guess.
Your high-priced jury consultant back there somehow got a peek at the jury pool list and sent his team of spies after them.
With all due respect, Your Honor.
This juror is clearly wearing a dark sweater covered in dog fur.
I believe Mr.
Colón is simply being observant.
Be that as it may, I know how you work.
You've been researching this jury pool for days.
Even as I'm talking to you, you have an operative staring at reams of data, helping you figure out who you want and who you don't.
My goodness, Judge Humphrey.
You've got quite the imagination.
All I do is what any student of jury trials does.
I ask smart questions and make informed judgments based on what I've seen and heard.
You're a scoundrel, Dr.
Bull.
Always have been, always will be.
You pervert the jury system, try to bend it to your will.
And you do it for money.
Well, not in my courtroom.
Officer, escort this man out.
Judge Humphrey, this has nothing to do with today, and you know it.
This has to do with a case from years ago.
And I won that case fair and square.
And I think it's time you got over it.
You wouldn't know fair and square if it came up and kissed you on the lips.
And besides, no one gave you permission to talk.
I'm fining you a thousand dollars for contempt.
I have 50 witnesses! This is a blatant abuse of judicial power and completely unfair.
Make it $5,000.
And I don't want to see your face in my courtroom for the remainder of this trial! It's simple.
Marissa, you'll be my eyes and ears in court, and I will stay here and monitor the mirror jury.
MARISSA: Uh, hold on a sec.
I'm not so sure that plan is gonna work.
I can't be your eyes and ears because I don't have your eyes and ears.
I don't know what to look for.
I don't know what to listen for.
Well, I will be talking to you.
I'll be in your earwig the way you're always in mine, and I will tell you what I need to know and how to spot it.
We're all smart people here.
BULL: While I wait to hear from Marissa, someone bring me up to speed.
What do we know today that we didn't know yesterday? What we really need is proof that Garrett was actively tracking Erin.
Using her own devices to stalk her.
The problem is I just can't find any evidence of that.
There's nothing on his computers, his phone or his tablet connecting him to Erin or her devices.
There's no spyware, no malware.
Nothing indicating that he was hacking or tracking Erin at all.
Well, the guy was an app developer, right? Maybe he found a way to I just don't see how that's possible.
I've scoured all the equipment the police seized from Garrett's home and offices, and it's all completely clean.
Weirdly clean, if you ask me.
- How so? - TAYLOR: Well, I've never examined a hard drive where someone hasn't visited at least one naughty website, asked one embarrassing question on Google.
His are all clean as a whistle.
So I'm inclined to believe he did his dirty work on some other system that he has hidden away somewhere.
MARISSA: Bull? Marissa.
I'm doing my best to speak as softly as possible.
Can you hear me? BULL: I can hear you.
Can you hear me? I can hear you.
This is so strange.
Like spending your whole life sleeping on the left side of the bed and then suddenly switching to the right.
RIVERS: Officer Zarmeke, by the time Garrett Kurtz, the victim, had fled the defendant's home, how many times had he already been shot? According to Ms.
Flemming's statement, she had already shot Mr.
Kurtz twice at that point.
[GALLERY MURMURING.]
My jury did not like that.
[SIGHS.]
Neither does mine.
RIVERS: The defendant told the police, told you that Mr.
Kurtz apparently broke into her house that night and laid in wait for her.
Did you find any evidence to support this claim? No, we did not.
There were no signs of forced entry.
None whatsoever.
And don't the defendant's phone records indicate that earlier in the day, the defendant called Mr.
Kurtz a number of times? Yes.
Phone records indicate Ms.
Flemming placed calls to Mr.
Kurtz 21 times that day.
RIVERS: 21 separate phone calls.
That isn't true.
I didn't call him.
I would never call him.
Erin just got upset at that last piece of testimony.
Excellent.
Did the jury notice? Uh, I don't really know.
- I was too busy noticing - BULL: Marissa, you're not there to watch the trial.
You're there to watch the jury.
RIVERS: So, Officer Zarmeke, did it occur to you that Ms.
Flemming might well have invited the victim over - just so she could kill him? - BENNY: Your Honor.
Objection.
Speculation.
Sustained.
Jury will disregard.
BULL: So, what do you think, Marissa? Did the jury disregard? Or did they buy into it? I don't know.
Uh, look at the monitors.
Well, the monitors tell me what the mirror jurors think.
I want to know what the real jurors think.
But I'm not a mind reader, Bull.
I am a scientist.
That's why we have the mirror jurors.
What color are the screens? They're red.
They're all red.
They have been red from the beginning.
Well, there you go, then.
Well, then, I don't know what you're doing there.
You asked me to come here.
RIVERS: I have no further questions for this witness.
BENNY: Good morning, Officer Zarmeke.
Are you familiar with a technique known as phone spoofing? Yes.
BENNY: And isn't it true that phone spoofing is a technique that allows you to change your caller I.
D.
number to any number, making it possible for you to dial your cell phone number, say oh, I don't know 20, 21 times and make it look as if it was an old girlfriend placing those calls? I suppose that's possible, yes.
So when you testified a moment ago that Erin Flemming called Garrett Kurtz 21 times on the day he showed up to her house, you don't actually know for a fact that it was Erin who called him at all, do you? No, but In fact, hadn't Ms.
Flemming made multiple complaints to the NYPD that her stalker, Garrett Kurtz, was hacking into every aspect of her technology, including her phone? - Yes, but - And isn't it true that Ms.
Flemming strongly suspected that Mr.
Kurtz hacked both her smart locks and her security system to unlock her doors and break into her home on multiple occasions? Yes.
But we never found any evidence to support those allegations.
And did you find any evidence to refute those accusations? BULL: Are they all paying attention? Totally.
No.
[GALLERY MURMURING.]
BENNY: Officer Zarmeke, do me a favor, and could you please tell the jury what you see here? It is a photograph of Ms.
Flemming's windows showing in addition to her high-tech systems, she's installed dowel rods to secure - her windows.
- Mm-hmm.
And do you recognize the doggy door in Ms.
Flemming's home? - Yes.
- And by my count, it's been nailed shut with 23 nails.
Am I right? Yes.
We just got two greens.
How you liking the right side of the bed? BENNY: Is it fair to say that you've been in a lot of homes in the course of your career? Yeah, that's fair.
Do most people go to the trouble and expense of installing high-tech locks? Dowel rods in every window? Nailing shut their doggy doors? - No.
- Would you concede that these extraordinary security measures would seem to indicate that someone was living in extreme fear for their life? Yes.
[GALLERY MURMURING.]
BENNY: Thank you.
No further questions, Your Honor.
I need a favor.
I'm kind of in the middle of something.
Call my cell.
- Excuse me? - It hasn't rung in two days, and I need to be sure it's working.
And I'm the only one that you could ask? Why don't you call yourself from your desk phone.
Because then Danny would see, and she would know it's been two days and I haven't gotten a call from anyone.
Can you just call me? Just [LINE RINGS.]
- [PHONE RINGS.]
- [SIGHS.]
Damn.
Yeah.
Sucks when things work, doesn't it? This is not funny.
Can you text me now? Seriously? I haven't gotten any texts, either.
Not even a poop emoji from my son.
Well, maybe your phone's constipated.
Let's see.
[PHONE WHOOSHES.]
[PHONE CHIMING.]
Okay.
That's enough.
Clearly, my phone is in excellent digestive health.
Great.
Now get out of here.
Wash your hands and let me do my work.
[PHONE WHOOSHES.]
[PHONE CHIMING.]
[DOOR OPENS.]
That's how you say thank you? [DOOR CLOSES.]
Garrett and I have been neighbors for a couple years now.
He lived right next door.
Really nice man.
And was that the extent of your relationship? Friendly next-door neighbors? Well, that's how it started.
But then about a month ago, uh, he asked me out.
What was that like? Well, we, uh, went on two dates, and those seemed to go well.
Um, and then I needed to leave the country on business, so we made plans to see each other as soon as I got back.
He had a girlfriend? MARISSA: The jury seems fascinated.
That's because we don't think of stalkers as having girlfriends.
Why stalk someone who doesn't want to be with you when there's someone else who does? So, you knew the victim for years.
Did he ever behave aggressively towards you? No.
Absolutely not.
He was always a perfect gentleman.
RIVERS: Out of curiosity, Ms.
Landry, have you ever actually met the defendant before? Never met her.
But I've seen her in action.
She was at Garrett's house a couple months before he was killed.
It looked like she was trying to break in.
RIVERS: Trying to break in how? LANDRY: Peeking in his windows.
Pounding on his front door.
MARISSA: The jury keeps looking over here at Erin.
BULL: Of course.
They're starting to think she's the stalker.
Is there a police report on any of this? No, not even a call to 911.
Okay.
Uh, Marissa, this woman never called 911.
Benny can use that on cross.
Have him ask why she didn't call the police if Erin seemed so suspicious.
- Got it.
Psst.
- RIVERS: And did the victim respond to any of this? LANDRY: No.
Either he wasn't home or he was just scared.
I mean, she was going crazy.
I actually heard her screaming, "I'm going to kill you, Garrett.
" [GALLERY MURMURING.]
BENNY: Sorry, Bull.
I hit that neighbor as hard as I could.
Didn't seem to make a damn bit of difference.
I was sure when you asked her why she didn't call 911 I mean, with all that supposed screaming, all those supposed death threats It's almost like the jury went deaf.
You got to hand it to the other side.
I think they've done it.
Think they've pretty much convinced the jury that she's the stalker and he's the victim.
Well, Erin's up next.
Maybe once the jury hears from her MARISSA: I'm not sure it's gonna make much of a difference.
Erin and I shared a cab after court.
She is convinced the jury doesn't like her, doesn't believe her.
I'm worried that her lack of self-confidence is all the jury's gonna see.
Well, tell her not to look at the jury.
Tell her to look at me.
I believe her.
No.
She can't just not look at the jury.
If they don't believe her, they're gonna convict her.
And the only way they're gonna believe her is if Erin speaks directly to them.
But, Bull, they're all red.
If she sees that in their faces, I think it's gonna shatter what little self-confidence she has left, in which case her testimony will be a disaster.
Well, there's got to be at least one of 'em who wants to believe her.
You've got a contender? Yes, I do.
From my vantage point, based on the juror profiles, I'd put my money on juror number three, the woman who works for the ride-share company, the one who said she would sit and wait for however long it took for the train to come.
I think she's someone who can imagine extreme, fear-driven scenarios.
And if Erin can convince her, I think maybe she can convince everyone else.
I agree with Bull that Erin needs to reach one of these jurors.
But I am a lot more confident in juror number nine, the woman that said she wouldn't let a stranger carry her groceries.
She smiles at Erin all the time.
And, frankly, I haven't seen juror number three smile at all.
- Well, can't go by that.
- But you do.
All the time.
I'll give you my two cents about a juror based on how a mirror juror responds to testimony, and, privately, you'll tell me I'm wrong, that there's something I'm not seeing that you are 'cause you're actually there.
Well, I'm actually there.
Well, I don't doubt you believe that.
And your opinion matters to me.
But we're trying to keep someone out of prison, not win a bet.
So I need both of you to have her address her testimony to juror number three.
Done and done.
Juror number three? Juror number three.
[SOFT CHATTER.]
Erin.
How are you? How are you holding up? I'm terrified.
It'll go away.
You'll see.
After you testify, after we win.
[DOOR OPENS.]
By the way, did Mr.
Colón tell you to address your testimony to any one specific juror? Uh-huh.
Juror number three.
The young woman who drives for a living.
[STAMMERS.]
I'm so glad that you reminded me.
I promised Dr.
Bull and Benny that I would tell you.
We made a mistake.
We meant to tell you number nine.
Number nine? A-Are you sure? I'm positive.
The juror who wouldn't take any help with her groceries.
The one juror we are certain is in your corner is number nine.
ERIN: I went to Garrett's house that day because I knew that he had taken my dog.
Zeke was everything to me.
He was my protector.
And he was the one thing I knew that Garrett couldn't hack or reprogram.
Which, I guess, is why Garrett felt the need to take him.
The truth is, I was worried Garrett might hurt Zeke, maybe kill Zeke.
Which is why I was looking through the windows and shouting.
I was hoping that he would hear my voice and come running, so that I could see him and know that he was alive.
And what I was actually screaming was, "If you hurt my dog, I'll kill you.
" Not that it matters.
I know that that's still a threat.
But, for me it was all about Zeke.
BULL: Marissa, which juror was it you said seemed most sympathetic to Erin? Uh, you mean last night? I think it was juror number nine.
Wow.
Good call.
She just turned green.
[KNOCKING.]
Oh, my God.
You did it.
You got into Garrett Kurtz's house.
Had to use my old FBI credential on the landlord, but, yeah, I did it.
The only problem is, I haven't found anything, and I'm not a computer person, so I don't really know what I'm looking for.
That's why you called me.
That's why I'm here.
Time's a-wasting.
Give me the tour.
Well, there's not all that much to show.
This is the ground floor.
There's nothing here.
Upstairs is the bedroom.
There's nothing there either, but let me show you.
[FLOOR CREAKING.]
You feel this? Feel what? This piece of floor.
It feels weird.
I think this comes out.
[GRUNTS.]
[GRUNTS.]
[GASPS.]
Wow.
That must be a Faraday cage.
A what? A Faraday cage.
They block electromagnetic fields.
That's why no one ever knew there were any computers down here.
[KEYS CLACKING.]
Let's see what we can see.
BULL: Here's what you need to know.
If, for some reason, the verdict doesn't go our way, we will immediately file for an appeal.
And then there will be something called a stay of sentencing, where we will begin to prepare for a whole new trial.
And how long will that take? I mean, a whole new trial.
A year.
Maybe two.
What about bail? I wouldn't have to go to prison while waiting for a trial, would I? Well, Erin, you're on trial for murder.
It's highly unlikely that they would grant you bail again.
[PHONE VIBRATING.]
Oh, I'm sorry.
[EXHALES.]
We're about to have a baby soon.
I understand.
[EXHALES.]
Yes? We can hear you.
We can hear everything you're saying.
I'm sorry, what are you talking about? We found the computers Garrett used to stalk Erin.
And based on the fact that I can hear everything you and everyone else in the room is saying, I'm guessing he bugged her.
It's on you.
Garrett planted some kind of bug, some kind of tracking device, and it's on you.
What? Where? I don't know, but he had to be reasonably sure it'd be with you whenever you went out.
Dump your purse.
This pepper spray feels empty.
How much do you use it? Actually, I've never used it.
ERIN [RECORDED.]
: What are you doing? What are you doing here? Get out of my house! GARRETT: I know you don't mean that, Erin.
- [ERIN GRUNTING.]
- Stop pretending you don't like me! Stop pretending you don't love this! [ERIN AND GARRETT SHOUTING.]
- [GUNSHOT.]
- [GARRETT SHOUTS.]
- GARRETT: Oh, my God.
You shot me! - [ERIN PANTING.]
I'm gonna kill you, you crazy bitch! Ladies and gentlemen of the jury, we have thousands of hours of that tape.
Believe it or not, Garrett Kurtz was listening and cataloguing Erin's every move for six months.
And in an ironic twist, he even recorded the night he decided to invade her home and force himself on her.
The night she finally ended his reign of terror.
So let me ask you, do you need any further proof that this woman was in imminent danger? Because, like I just said, we have thousandsof hours of it.
["IT'S THE MOST WONDERFUL TIME OF THE YEAR" PLAYING.]
It's the most wonderful time of the year Ding-dong, ding-dong With the kids jingle belling and everyone telling - You be of good cheer - Ah It's the most How do you like your present? I love it.
Where's Izzy? Uh, fast asleep.
On her back, dreaming of the night she can sleep on her stomach again.
[CHUCKLES.]
- Juror number nine, huh? - Oh, - I just got lucky.
- No.
I think I'mthe one who got lucky.
Merry Christmas, Marissa Morgan.
Merry Christmas, Dr.
Bull.
[CHUCKLES SOFTLY.]
There'll be parties for hosting - Marshmallows for toasting - [PHONE RINGING.]
And caroling out in the snow - There'll be scary ghost stories - [MAN SPEAKING INDISTINCTLY.]
- I'm sorry? - [MAN SPEAKS INDISTINCTLY.]
Hold on a second.
I-I can't hear you.
Let me get to someplace quiet.
It's the most wonderful time Sorry about that.
Hello? Can I help you? GEORGE: You know, your fives look like threes.
Excuse me? Your fives.
You gave me your number, and I'm beginning to think you didn't want me to have it, because your fives, they look like threes.
They also look like eights.
They also look like sixes.
And I don't even want to get into what your twos look like.
[CHUCKLES.]
George? I've been trying to call you for a week.
You know how many different numbers I've tried? I hear music.
You out clubbing? Uh, office Christmas party.
Wow.
So you're busy.
I am so not busy.
Want to go to the library? Year