The Good Wife s05e01 Episode Script
Everything is Ending
Thanks for doing this here.
No problem.
What are you thinking? I'm in.
With Agos/Florrick? Florrick/Agos.
Carey in litigation.
Jeremy, family law.
Andre, acquisitions.
They all wanted to join.
They're all good.
I agree.
And what about Kalinda? No.
Robyn.
- Why not Kalinda? - Money.
Are you okay with that? Yeah.
Just kind of weird.
Everything's ending.
Beginning to.
So How are we gonna tell them? - Who? - Will and Diane.
Oh, it's the circle of life.
They had to leave their old law firms to start Lockhart/Gardner.
I have the death row appeal on Thursday.
I will tell them after that.
We have to get some office space anyway.
Unless you want to take the Sweeney offer? No.
Oh, hey.
Congratulations, Mrs.
First Lady.
Oh, wow.
I forgot.
What time is it? It's been two hours and ten minutes.
Is that normal? No.
Is that one of the moms? Mrs.
Henning.
God, she must hate us.
I will now read the warrant.
"Whereas Eddie Alan Fornum, on the 26th of May, 1999, "murdered both Lynn Gore and Susan Henning, and whereas Eddie Alan Fornum " "and whereas "Eddie Alan Fornum was adjudicated guilty of two counts "of murder in the first degree and sentenced to death, we will now carry out the sentence.
" Mr.
Fornum, do you have any last words? I'm sorry to everyone here.
To my new lawyers, Diane and Alicia, I have a favor to ask of you both.
Please if you could go see my mom.
I was her only son, and I was a disappointment.
To the parents of Miss Henning and Miss Gore, I am sorry what happened to your daughters, but I did not do this.
And I wish I wish I could say what was happening here tonight was just, because that might bring you some because that might make They're having trouble finding a line.
Ma'am, please sit down.
Ma'am, I'm gonna need you to sit down right now.
- I want to talk to the warden.
- Ma'am, I need you to sit down right now.
You got to go and sit down right now.
- Warden? - Excuse me Warden Barkin, I need to speak with you! All right, let's go.
Warden Barkin! We're Eddie's lawyers.
You can't just Yes, we can and we will.
Wait.
Sir, this is an Eighth Amendment violation.
Lower your voice, Miss Lockhart.
I know, we're all tense.
Our two medical technicians are having trouble finding a suitable vein.
But that is all.
Mr.
Fornum was an intravenous drug user, and many of his veins have collapsed.
You have been trying for two hours and 20 minutes to find a vein? Yes, but we're now attempting to run a line in his foot.
This is torture.
This is the definition of torture.
- That's not for you to say, ma'am.
- That's right.
It's for the court.
Broom v.
Strickland.
This execution is a direct violation of Eighth Amendment protections, and it should be delayed until you can ensure its proper administration.
Hi, could you open the door for me? Uh sure.
Hi, I'm Monica in litigation.
I'm teleconferencing from home.
Ah.
Okay, settle down, everybody.
Just got out of court.
We need to pursue an evidentiary path to an appeal.
Clearly it's a long shot Just shut the door on it.
Alicia just got here.
Good.
She has the legal aid work.
They want us to take point on the appeal.
- And when is the execution now? - Saturday, midnight.
It's been delayed 48 hours.
Look, it's a second chance.
That's all we need.
Robyn, take us through.
Eddie Alan Fornum was arrested in July, 1999, for murdering two 17-year-old girls outside of a movie theater in South Bend after a botched carjacking.
Eddie had an alibi, but he was found in possession of one of the girls' necklaces.
Which he bought at a flea market.
And his hair was found on the body.
That's where we want to focus our appeal.
We don't think it's Eddie's hair on the body, and we're subpoenaing the forensic lab to retest it.
What about the snitch? He's the real reason that Eddie was convicted.
He died six years ago.
I don't think we'd find much there.
Okay, so we'll break up into groups.
Tonya, you work the team on witnesses and testimony.
Carey, the forensics.
Robyn, the background of the experts.
Thanks, Monica.
Good point.
Am I really needed here or can I go? We have 48 hours.
Let's make them count.
Cary, hold on a minute.
Uh, me? No, Cary-Cary.
Diane, that's not enough time, is it? To get a subpoena on the hair and test it, no.
Okay, you work your evidentiary track, and I'll grab Cary and Alicia and we'll try to buy you more time.
How? I have no idea.
Diane? - Yes? - I was getting Excuse me.
I was getting a subpoena to retest the hair.
- Yes? - Someone already retested it in the prosecutor's office six years ago.
Right, for an appeal.
No, not in the office in Indiana, the one here in Chicago.
Someone tested it here.
Why? - Your dad knows Barry Scheck? - Yeah, he did.
Why? He's in federal court on an Eighth Amendment class action right now.
Call him.
Hey, Cary, what's up? Barry Mr.
Scheck, we need some help on the Eddie Alan Fornum appeal.
Oh, I heard his execution was delayed.
What do you need? We were hoping to contribute to your class action.
Well, I don't know if the judge is gonna let him join this far along.
I know.
We don't want to join.
Hey, I'm glad you're coming with us.
Oh, hey, uh, Cary told me the good news.
- Can I tell the clients? - What? The governor's wife is joining our new firm.
It's a selling point.
No, please don't.
Well, that's not what I said.
Get rid of those, and let's talk.
Get out of my way! Here's what I need.
All the phone numbers called by the fourth-year associates - over the last three months.
- Why? I think the fourth-years are intending to leave and take some of our clients with them.
Why do you think that? Because I'm psychic.
Well, I can't legally access their calls.
They're using the company cell phones.
They're not their phones, they're ours.
Just get me the metadata.
I want to see who they're calling.
Eli, I'm on a death row appeal.
I don't have time.
I know, but this is important.
Eli, did you just hear me? I said, "death row appeal.
" Oh, I thought that was hyperbole.
Uh, but you agreed to 4:00.
We've already delayed twice.
Where's the hair testimony? Eli Look, any time after Saturday I can do this, not today.
- Okay, Sunday at noon? - At 7:00.
What is it again? It's the basic ethics talk for the governor-elect's family.
We're changing strategies.
Got to go, Eli.
Peter? Mr.
Gold? I'm Marilyn Garbanza, executive director of the Illinois Ethics Commission.
We have a 4:00.
Actually, I have a 4:00 with a Mitch Garbanza.
Yes, that's me.
Governor Quinn used to call me Mitch.
Why? I have no idea.
Okay.
Um, Mrs.
Florrick, unfortunately, has to reschedule for Sunday at 7:00, if that's all right.
That is all right.
Thank you.
I'll see you then.
Yeah, that sounds about right.
The choice isn't actionable.
I want to be clear.
I know, you're just raising a red flag.
What are we discussing here? Eli, you've met Marilyn? Just a few seconds ago in your office.
Marilyn has some concerns about Mickey.
- Our chief of staff? - Oh, I didn't know he was chosen yet.
He hasn't been yet, but he is our top choice.
So Marilyn's concerned that Mickey hired you as a crisis counselor.
It could look like a conflict of interest.
Because I ran the search committee? Yes.
Again, I'm not here to say you can't hire him.
I don't have that power.
I'm just saying it could look ethically compromised.
Okay, we'll look into it.
Thanks.
Okay.
Thank you, Marilyn.
She's doing her job, Eli.
Currently, Indiana protocols Has insufficient protections built in that guarantee A painless execution The printer, the mobile printer.
Okay, I'll go get it.
Hi.
New innovation? Test program.
So how does it feel to be first lady of Illinois? Weird.
Kind of like first galactic princess.
I'm sorry I didn't get back to you the other night.
Hey, you've been celebrating, you've been on death row, it's been A weird few days.
But we can talk When this is over.
Don't worry.
Well, I I was hoping to All right, I got it.
ASA Pine.
Ms.
Lockhart.
Hello.
You worked at the South Bend - prosecutor's office, didn't you? - A while ago.
Why? Do we know someone? You were the assistant prosecutor on the Eddie Fornum homicide.
Do you know how we know that? I don't care.
You had Eddie's hair retested six years ago.
Ms.
Lockhart, I'm not talking to you.
They're going to execute him.
They tried once and they're going to execute him in 48 hours.
And you had ten years to appeal his execution.
Don't come to me with 40 hours left.
You think he's innocent.
I think you're out of time.
Just give us the hair test.
Will, I have a lead, but I need time.
That is a very good point, Your Honor.
That wasn't a point, Mr.
Scheck.
I just wanted you to finish.
Well, uh, let me address that point, if I may Uh, but before I do, let me introduce my co-counsel Will Gardner.
Will Gardner, joining the case.
Your Honor, if it pleases the court, we ask that the execution of Eddie Alan Fornum - be delayed until - Your Honor I'm way, way ahead of you, Ms.
Cesca.
You know, it doesn't please the court.
Not very much pleases the court these days.
But your guy is not gonna join this suit.
Now, what else do you have? You misunderstand me, Your Honor.
We're not looking for Eddie Alan Fornum to join the suit.
We're looking for him to be the evidence.
Mr.
Fornum's testimony is the most relevant as to how much pain is suffered in the subject of lethal injection because he was the subject of lethal injection.
- Your Honor, I am speechless.
- Me, too.
I am speechless.
And yet intrigued.
Go on.
If Mr.
Fornum is executed, the state will have destroyed crucial evidence for the plaintiff.
Your Honor, they are trying to delay an execution.
Of course they are.
How much time do you need to depose him? - Six weeks.
- A month.
All right.
You have till Monday.
- Your Honor - Just relax, all right? The State of Indiana can execute him on Tuesday.
Now, look, I know what you three are doing, but y-you're not gonna save your guy with schemes.
You're gonna buy him a little time.
You're not gonna save him.
- Time is all we need, Your Honor.
- And please use it well.
Get on with Kalinda.
We bought her another 48 hours.
Governor-elect Florrick's office.
Please hold.
You're sure you don't need anything? Yeah, I'm sure.
Thanks.
I'm fine, thanks.
Four of the last eight governors of Illinois have gone to prison.
Four of the last eight.
Which is why we need to remember that the spouse and the children are an extension of the governor.
Your choices become his choices.
Now, I've looked over your work at Lockhart/Gardner, Alicia.
There shouldn't be any problem there, as long as you don't actively solicit clients who have business with the governor's office, and that your relationship with the governor isn't used as a lure to clients.
It should not look like Peter is receiving backdoor remuneration through your business.
And that your clients shouldn't believe that your spousal connection We need to talk.
About? We need to talk.
I'm starting my own firm.
You're When? Next week.
Me, Cary and ten others.
Peter, I wanted to tell you yesterday, but there was just no time.
That's fantastic! You've been wanting to do this since law school.
I know.
But I'm just worried that it might complicate your ethical issues.
Oh, Marilyn was covering all the spousal conflict of interest issues.
Have you told Will? And Diane? No.
Not yet.
Uh, just you two.
I'm damn proud of you.
Damn proud of you.
Thank you.
I'm so sorry, I have to get this.
- I am on my way.
- What? There were two nurses, a man and a woman.
And they had the needles.
And they tried to put them into the veins of my right and my left arm.
How many times? I again object to this line of questioning as a delaying tactic.
Do you want to get the judge on the line? What, and delay this even more? Go ahead, Eddie.
Well, then another nurse came on a head one, I guess and he tried again on this arm, but something really hurt.
Can you show us where on your arms? - Objection.
- Good, let's get the judge.
I'm preserving my objection for the record.
Go on, Eddie.
No, I'll do it.
So, after that, - they went to your neck? - Yeah.
I guess there was a lot blood, because I heard the guy say "oops" and the female nurse had to leave the room.
Why did she have to leave the room? I don't know, but she was crying.
Do you remember her name? "Joan," Your Honor.
That's all we know.
But I'm sure the AUSA can locate her.
Your Honor, the identity of nurses at Indiana State is kept confidential so that it doesn't become known that they participated in an execution.
Yes, but that doesn't shield them from questioning.
We would assert that it does.
Really? You're asserting some kind - of immunity, Ms.
Cesca? - Your Honor, we need to have - a hearing on this question.
- Hold on, hold on.
Ms.
Cesca, any thoughts about - walking that one back? - We apologize, Your Honor.
We agree there would be no immunity, but Mr.
Gardner is merely using this deposition as a ploy.
Your Honor! And he will insist that Mr.
Fornum be kept alive - for his rebuttal testimony.
- No.
No.
I was merely going to insist that the AUSA is trying to destroy evidence - by expediting this execution.
- No, no, no.
I'm not gonna delay this execution any longer.
How soon can you have that nurse available? - Tomorrow afternoon.
- That's not nearly enough time Shut up.
Tomorrow afternoon after Mr.
Fornum's been executed? - Well, that's just coincidence.
- Yeah, I'm sure.
Make her available this afternoon for a supervised deposition or be held in contempt.
How did you get back here? I needed to use the bathroom.
Call security! You quit Indiana a month after convicting Fornum.
You know something is wrong with this case.
You know he's innocent.
He's not innocent.
You retested the hair evidence.
Why would you do that unless Because I thought I was wrong.
I wasn't.
The test came back consistent - with Fornum's hair.
- I don't believe you.
Last page.
There.
- That doesn't mean it's his hair.
- You're right.
But it does mean there's no convincing you.
Why did you do it six years ago? - Excuse me? - Why did you double-check the hair evidence six years ago? What do you mean? Well, the date of this report is one week after the snitch, Tommy Diehause, died.
- You thought he might be lying? - I don't have time No, Eddie Fornum doesn't have time.
He escaped execution once.
He won't a second time.
This is the moment to come forward, Ms.
Pine.
- Please.
- You called security? It's all right.
I was using Diehause on another case.
He snitched on a top drug dealer in exchange for his freedom and a new identity.
Will, the snitch is still alive.
- He's using the alias - Robbie Walker.
Kalinda, we have a lead.
We think he's still in the Illinois area.
Forget the hair.
It's a dead end.
It's the snitch.
But we need more time to find him.
Robbie Walker, aka Tommy Diehause.
What'd you find out? The snitch is still alive, but we're having No, about the fourth-year phone calls.
Do you want me in this meeting? Dear God.
Go away! I haven't looked into the calls yet.
Yes, you have.
I checked with our provider.
They said they sent you the records.
- Then why do you need me? - Maybe I don't.
Here's another question for you Why aren't you doing your job? You have a complaint, you go to Will or Diane.
Is this about Cary? Or are you thinking of leaving with them? David, you should leave investigating to the professionals.
You might hurt yourself.
Okay! Save that photo, because it's the last time you're gonna see the ethics committee smiling in my presence.
Thank you, Governor-elect.
Maybe we can talk later.
Not until you call me "Peter.
" We should replace her.
Why? Because the optics aren't good.
What optics? Her looks.
- Don't be ridiculous, Eli.
- I'm serious.
I can't fire someone because they're too pretty.
Then don't.
Promote her.
Move her laterally.
You don't want sex to be an issue here.
It's not an issue.
Not for you, but for your enemies.
They'd be delighted to crown a new bimbo.
She's not a bimbo.
And we don't do that.
We don't fire someone because of the way they look.
Okay? It was my first execution.
In fact, you're not really a medically-trained nurse, is that correct, Joan? - Well, I have training - Yes, but due to the Hippocratic oath, trained nurses and doctors are not allowed to participate in executions.
Attorney is testifying, Your Honor.
Yes, at some length.
Sustained.
Joan, did you leave the execution prep in tears? Well, I was upset.
Eddie said you left in tears.
- Do you disagree with that? - No.
He's right.
He said it was because of the blood spilling from his neck after a faulty I.
V.
line.
That sounds right.
I left because of the blood.
Joan, did the prosecution prepare you for this testimony by telling you to agree with everything I said? Objection, Your Honor.
No, no.
Overruled.
Please answer.
She didn't say "agree with everything," but she did say you were trying to create disagreement between Fornum and me so that Fornum would have to be kept alive as a rebuttal witness.
- So you are actively deceiving this court? - No.
I'm just not seeing any area of disagreement.
Do you believe Mr.
Fornum was tortured? I think the offender was in pain.
He tried to keep from crying and screaming out.
I think Yes, it was torture.
And don't you think this is a systematic problem of lethal injection? I don't think so.
It was his veins.
We've never had this problem before.
Eddie's veins? What do you mean? He has what we call - rolling veins - Objection! Your Honor, we insist that a physical of Eddie Alan Fornum be conducted.
- Oh, dear God.
Your Honor - The witness has made an assertion that Mr.
Fornum is an exception due to his rolling veins.
- Well, we need a physical to see - This is game-playing.
- I don't know how it's game-playing - All the appeals have all been exhausted.
It's absolutely ridiculous.
- The only game-playing is - Hey.
I don't want to shout over you guys.
Sit down.
Sit down.
Good.
How long will it take to do this physical? That was good.
No, you were good.
Okay.
Kalinda, the court's delayed a few days.
- Yeah.
- Yes, I'm serious.
- Are you serious? - Dude, totally serious.
Stiles said he hooked up with her after second period.
- Hey, what's up with your sister? - What do you mean? When did she start looking so hot? What are you talking about? Oh, you probably haven't seen it.
Seen what? Turbochap.
com.
Stiles sent me the link.
Ooh, I'm not a baby no more Ooh, I'm not a baby no more I'm never far behind When my daddy is corrupting my mind I'm never far behind When my daddy is corrupting my mi-i-i And I'm downright denim-clad I pull a few from every toothy fad And I can, and I won't But I might Ooh, I'm not a baby no more Are you gonna get that? Hello.
Zach, it's Mom.
What are you doing? What am I doing? Nothing.
Homework.
Why? Nothing, I just I need you to get your sister dinner tonight.
Hey, is that Mom? Uh, yeah.
Can you just tell her we need more juice? We need more juice.
And I love you, too.
I'll be home around 11:00 or so.
Not too much TV.
- Okay.
Bye.
- Bye.
Alicia.
What's going on? West Side Story? We have a possibility on some office space.
Just outside the Loop on Harrison.
- $20 a square foot.
- Good.
It doesn't become available for three weeks.
Okay, so we rent temporary offices in the meantime.
No.
We were, uh, wondering whether we should stick around until then.
For three weeks? Why? Chumhum needs some work on a case.
So, we do it from our new office.
Look, we can't keep skulking around.
- We have to cut the cord at some point.
- I agree.
- We need to get going.
- Tell her the real reason.
People want to wait for bonuses.
Oh, come on! It's $1 million between us.
If we walk out before the first of the month, they'll never pay us.
A lot of us are counting on that money for start-up costs.
- We can't keep fooling the partners.
- We can't keep fooling Will.
Do we have a problem? No.
But you were all right waiting a week to leave after your case was finished, but you're not all right when it's our issue? It's a death row case.
Okay, let's not make it a big issue.
Listen, the difference here is two weeks.
Let's just put it up to a vote to the others, okay? Hey, Tommy.
Who are you? - Kalinda.
- Robyn.
I don't know who you guys are looking for.
- My name isn't Tommy.
- It is.
Tommy Diehause.
Sad.
You win a whole new identity, but you still can't resist being a thief.
Look, I don't know how you guys found me, but I told the truth at Eddie's trial.
He killed those girls.
He was only trying to jack their car, but they fought him and pulled off his ski mask, and that's why he had to kill them.
Come on, Tommy, why would anyone confess to you? You have snitch written all over you.
But how'd I know about the ski mask if Eddie didn't tell me, huh? The police never told anyone about that little detail.
Maybe you heard it from the real killer.
I did hear it from the real killer.
Your client.
Alicia, Alicia.
Kalinda found the snitch, but he's sticking to his story.
Damn.
Does she believe him? No.
She thinks there might be another way to get him, though.
Are you okay? The parking garage meet? Sure.
We're fine.
Hello? Can someone help me, please? I can't see anything.
Oh! Is anyone around? Thank you.
Alicia.
Do you have a minute? Sure.
What's wrong? We looked into the company's phones.
Over the past month, the fourth-year associates have called our top clients a dozen times each.
We're worried they're thinking of leaving with them.
Do you have any insight? No.
We called the clients, but they're being tight-lipped, said they have no plans of leaving at the present time.
Which is known as "preserving their options.
" I say we move past metadata and access their texts.
- Can we do that? - Where's Kalinda? Kalinda's sympathetic with them.
Yes, we can do that.
They're our phones.
We own the texts.
Alicia, you're friends with Cary.
Are you hearing anything at all? No.
Not since the fourth-years tried to scare us.
It would be helpful if you could get closer to them.
Find out if they're happy, and whether we should be worried.
Sure.
Okay, here's my problem.
I have two medical reports conducted by two different doctors one for the plaintiff, one for the defense and surprisingly, they tell two different stories.
Your Honor, may I suggest That Mr.
Fornum be preserved as a rebuttal witness? Your Honor, we withdraw our medical report on the offender's physical condition and stipulate to the truth of the plaintiff's report.
Excuse me? In addition, we stipulate to everything testified in Mr.
Fornum's deposition.
So let me get this straight.
You've decided that it's better to execute Mr.
Fornum than to win your lawsuit? We also have the warden from the Indiana State Prison who will swear to changes in the lethal injection protocol so at to reduce the pain associated therewith.
I imagine, Mr.
Gardner, you would like to depose said warden? - Definitely, Your Honor.
- Either way, there's no reason to delay this execution anymore.
If you so stipulate, I suppose that's true.
Ms.
Lockhart? Eddie didn't do it.
I agree.
How do we prove it? The snitch testified about the ski mask, something he could only know from the killer, right? But when I was at Treasury, we looked into prison brokers.
- Prison? - Brokers.
They're police insiders who sell information to prisoners so that they can snitch on their cell mates in exchange for a lighter sentence.
You think Diehause got the ski mask information from a broker? I don't know.
Maybe.
- But he'll just deny it.
- If we go to him.
But what if we go after the broker? Tommy Diehause snitched for our office three times.
So we want to find someone on all three cases.
Yeah, like a police officer, forensic investigator.
- Good luck.
- You're not gonna help us? Yeah.
Sir? Why do you think Alicia's leaving Lockhart/Gardner? Why do I think? Because she wants to make something of herself.
Not about Will? Well, I-I wouldn't presume.
And, uh You think the optics are wrong with Marilyn? Yes.
Photos of you with her would give the wrong impression.
Okay.
Promote her.
No.
No cops in common, no forensic investigators, nothing.
We're still looking.
Okay.
The execution is on for tonight.
Who typed up your crime report? What? Who was the clerk on your crime report? Bottom of the page, there.
The typist.
Thank you, so much, Ms.
Munn, for coming in on such short notice.
Oh, no problem, but I'm-I'm not sure how I can help.
I just type.
I don't actually catch the bad guys.
Actually, uh, we want to help you.
Really? How do you want to do that? We want to keep you out of jail.
We discovered your brother works as a prison guard, and that's how you sell information to snitches.
We are meeting next with Tommy Diehause, and one of you is gonna turn on the other.
That's the problem with working with a snitch, Ms.
Munn.
They like to snitch.
So I would start talking first.
What do you want? Did Stiles talk to you yesterday at school? What? Drew Stiles? Yeah.
Why? What'd he say? Nothing.
He's disgusting.
I know.
What'd he say? Did you say something to your friends? No.
Why? They're all trying to talk to me now.
What are you doing? What is this? Kids, hurry up! Your ride's here! Can we talk? Uh, my mistake.
I have to get to work.
You were in with the partners yesterday.
What did they say? Nothing.
Alicia.
We need to leave by the end of the week.
- They said that? - No, I'm saying it.
I'm still a partner here.
And I'm stuck in the middle.
I have a fiduciary responsibility to Lockhart/Gardner.
And I am opening myself up to a lawsuit just by talking to you about anything.
- We need to leave.
- Look.
One of the things we said we didn't like about Lockhart/Gardner was how decisions were made by fiat by Will and Diane.
We said we wanted to run things democratically.
And we all voted to wait three weeks.
Would we take this case? This death row case.
I don't know.
- Probably.
Why not? - It's pro bono.
We would be afraid of going broke.
Yeah, but Lockhart/Gardner didn't take death row cases until its sixth or seventh year.
Are you having second thoughts? I don't know.
I like watching Diane and Will work.
- They care.
- Alicia.
You and I are the new Will and Diane.
Don't use the company phones.
They're accessing the data.
I have a deposition.
Very simply, the medical team thought they could put an I.
V.
in the offender's arm, but they were wrong.
And how will tonight's execution be different? We will do a better job hydrating Mr.
Fornum and using warm compresses to raise his veins.
And we will place the I.
V.
in his foot.
And you didn't do this the last time? We would've.
But the execution was halted.
And I didn't supervise it.
So, you weren't present during the last attempt? Not all the time.
We had a late arrival of potassium chloride.
We've had difficulties with the supply of this drug in the past, so I supervised and witnessed its removal from an overnight pouch and placement in the intravenous tubing.
However, we will have greater control What? I've ordered the staff This court seems to be all Eddie Alan Fornum all the time.
Yes, His Honor Manfreddi referred this death row appeal to your court, Your Honor, um given that you were already hearing the Eighth Amendment appeal.
Lucky me.
All right.
So you're ten hours away from an execution.
What do you got for me? We'd like to call a witness.
You testified at Edward Alan Fornum's trial? Yes.
And you testified that he confessed to the double murder? Yes.
And you would like to now withdraw that testimony? - Yes.
- As far as you know, Eddie Fornum is innocent? Yes.
And you received the information to condemn him from the brother of that woman there Leslie Munn? - Yes.
- Is there anything else you would like to say? No.
You know, I didn't plan on judging this appeal, but you bring me that snitch who changes his testimony after almost a decade? Now Now I'm sorry, Ms.
Lockhart, I'm sorry, but, uh, an appeal of actual innocence after years of appeals and decisions and-and delays has to stand on much more ground than an indecisive snitch.
- Your Honor - No.
At a certain point, it has to be over, judgments must stand.
God forgive me I find for the state.
Execution will proceed.
Eddie, I need you to stand.
Eddie, please.
Place your hands out in front of you.
Turn around, please.
You know the way, Eddie.
You wanted to see me, Mr.
Gold? Oh, yes.
Hi, Marilyn.
- How are you? - Good.
I think we're off to a great start, don't you think? I do, I do.
And I have some good news.
Peter wants to promote you to the Transit Authority Board.
I I'm sorry, what? Yes, uh, an opening has opened up on the Transit Authority Board, uh, where you will have authority over transit.
It's a step up.
Congratulations.
- Did I do something wrong? - No, you did something right.
It's a promotion.
No, Marilyn.
Peter promoted you.
If he'd wanted to tell you that himself, he would have.
You guys are making a mistake.
Maybe.
You have a good evening.
How did it go? Well.
She took it like a pro.
She's right, you know, we need a new chief of staff.
She's not right, she's anal.
Well, anal's what we need right now.
Did I just say that? Yes.
Our new state motto? I'll make up a list.
Why don't you do it? What? Be chief of staff? But I I'm working on your next campaign, sir.
My next campaign is here in this office.
I screw that up, there's nowhere to go but down.
You going tonight? No.
We did everything we could.
Not everything.
We want to put an I.
V.
in early, Eddie, so there isn't the same confusion at midnight.
Tell us if you feel any pain.
You should feel a small pinprick as we attempt to put in the I.
V.
The monitor you see above your ankle is a VeinMapper.
It uses ultraviolet imaging to help find veins.
Okay, the pain should be over in a minute, Eddie.
Warden, excuse me.
- What? - There's somebody out here for you.
I'll be right back with you, Eddie.
Excuse me.
We're in the midst of a protocol.
What is it? Yes, our apologies, sir.
My name is Agent Lionel Franklin from the South Bend office of the Drug Enforcement Administration.
It's come to our attention that you've transported toxic chemicals through the U.
S.
Postal Service.
Are you serious? It's a direct violation of 49 U.
S.
C.
5101.
Have you transported any such chemicals? We use potassium chloride in our L.
I.
protocol, and, yes, we transferred it by overnight post.
I'm gonna have to confiscate those chemicals.
The governor has put the execution on hold, Eddie.
They don't want to try a third time.
It's over, Eddie.
Thank you.
Thank you.
With eyes open I was having a dream And as real as it seemed Good work.
Thanks.
Were you the one who called the DEA? Now, what would make you think that? It was a smart move.
Have some? Will? I need to tell you something.
No, you don't, Alicia.
Look, I know why you didn't call, and it's okay.
We were on a merry-go-round and we needed to get off, so we're off.
That's all.
Don't end up hating me.
What? Nothing.
Have a good night.
Are you sure you don't want some? No, I'm good.
No problem.
What are you thinking? I'm in.
With Agos/Florrick? Florrick/Agos.
Carey in litigation.
Jeremy, family law.
Andre, acquisitions.
They all wanted to join.
They're all good.
I agree.
And what about Kalinda? No.
Robyn.
- Why not Kalinda? - Money.
Are you okay with that? Yeah.
Just kind of weird.
Everything's ending.
Beginning to.
So How are we gonna tell them? - Who? - Will and Diane.
Oh, it's the circle of life.
They had to leave their old law firms to start Lockhart/Gardner.
I have the death row appeal on Thursday.
I will tell them after that.
We have to get some office space anyway.
Unless you want to take the Sweeney offer? No.
Oh, hey.
Congratulations, Mrs.
First Lady.
Oh, wow.
I forgot.
What time is it? It's been two hours and ten minutes.
Is that normal? No.
Is that one of the moms? Mrs.
Henning.
God, she must hate us.
I will now read the warrant.
"Whereas Eddie Alan Fornum, on the 26th of May, 1999, "murdered both Lynn Gore and Susan Henning, and whereas Eddie Alan Fornum " "and whereas "Eddie Alan Fornum was adjudicated guilty of two counts "of murder in the first degree and sentenced to death, we will now carry out the sentence.
" Mr.
Fornum, do you have any last words? I'm sorry to everyone here.
To my new lawyers, Diane and Alicia, I have a favor to ask of you both.
Please if you could go see my mom.
I was her only son, and I was a disappointment.
To the parents of Miss Henning and Miss Gore, I am sorry what happened to your daughters, but I did not do this.
And I wish I wish I could say what was happening here tonight was just, because that might bring you some because that might make They're having trouble finding a line.
Ma'am, please sit down.
Ma'am, I'm gonna need you to sit down right now.
- I want to talk to the warden.
- Ma'am, I need you to sit down right now.
You got to go and sit down right now.
- Warden? - Excuse me Warden Barkin, I need to speak with you! All right, let's go.
Warden Barkin! We're Eddie's lawyers.
You can't just Yes, we can and we will.
Wait.
Sir, this is an Eighth Amendment violation.
Lower your voice, Miss Lockhart.
I know, we're all tense.
Our two medical technicians are having trouble finding a suitable vein.
But that is all.
Mr.
Fornum was an intravenous drug user, and many of his veins have collapsed.
You have been trying for two hours and 20 minutes to find a vein? Yes, but we're now attempting to run a line in his foot.
This is torture.
This is the definition of torture.
- That's not for you to say, ma'am.
- That's right.
It's for the court.
Broom v.
Strickland.
This execution is a direct violation of Eighth Amendment protections, and it should be delayed until you can ensure its proper administration.
Hi, could you open the door for me? Uh sure.
Hi, I'm Monica in litigation.
I'm teleconferencing from home.
Ah.
Okay, settle down, everybody.
Just got out of court.
We need to pursue an evidentiary path to an appeal.
Clearly it's a long shot Just shut the door on it.
Alicia just got here.
Good.
She has the legal aid work.
They want us to take point on the appeal.
- And when is the execution now? - Saturday, midnight.
It's been delayed 48 hours.
Look, it's a second chance.
That's all we need.
Robyn, take us through.
Eddie Alan Fornum was arrested in July, 1999, for murdering two 17-year-old girls outside of a movie theater in South Bend after a botched carjacking.
Eddie had an alibi, but he was found in possession of one of the girls' necklaces.
Which he bought at a flea market.
And his hair was found on the body.
That's where we want to focus our appeal.
We don't think it's Eddie's hair on the body, and we're subpoenaing the forensic lab to retest it.
What about the snitch? He's the real reason that Eddie was convicted.
He died six years ago.
I don't think we'd find much there.
Okay, so we'll break up into groups.
Tonya, you work the team on witnesses and testimony.
Carey, the forensics.
Robyn, the background of the experts.
Thanks, Monica.
Good point.
Am I really needed here or can I go? We have 48 hours.
Let's make them count.
Cary, hold on a minute.
Uh, me? No, Cary-Cary.
Diane, that's not enough time, is it? To get a subpoena on the hair and test it, no.
Okay, you work your evidentiary track, and I'll grab Cary and Alicia and we'll try to buy you more time.
How? I have no idea.
Diane? - Yes? - I was getting Excuse me.
I was getting a subpoena to retest the hair.
- Yes? - Someone already retested it in the prosecutor's office six years ago.
Right, for an appeal.
No, not in the office in Indiana, the one here in Chicago.
Someone tested it here.
Why? - Your dad knows Barry Scheck? - Yeah, he did.
Why? He's in federal court on an Eighth Amendment class action right now.
Call him.
Hey, Cary, what's up? Barry Mr.
Scheck, we need some help on the Eddie Alan Fornum appeal.
Oh, I heard his execution was delayed.
What do you need? We were hoping to contribute to your class action.
Well, I don't know if the judge is gonna let him join this far along.
I know.
We don't want to join.
Hey, I'm glad you're coming with us.
Oh, hey, uh, Cary told me the good news.
- Can I tell the clients? - What? The governor's wife is joining our new firm.
It's a selling point.
No, please don't.
Well, that's not what I said.
Get rid of those, and let's talk.
Get out of my way! Here's what I need.
All the phone numbers called by the fourth-year associates - over the last three months.
- Why? I think the fourth-years are intending to leave and take some of our clients with them.
Why do you think that? Because I'm psychic.
Well, I can't legally access their calls.
They're using the company cell phones.
They're not their phones, they're ours.
Just get me the metadata.
I want to see who they're calling.
Eli, I'm on a death row appeal.
I don't have time.
I know, but this is important.
Eli, did you just hear me? I said, "death row appeal.
" Oh, I thought that was hyperbole.
Uh, but you agreed to 4:00.
We've already delayed twice.
Where's the hair testimony? Eli Look, any time after Saturday I can do this, not today.
- Okay, Sunday at noon? - At 7:00.
What is it again? It's the basic ethics talk for the governor-elect's family.
We're changing strategies.
Got to go, Eli.
Peter? Mr.
Gold? I'm Marilyn Garbanza, executive director of the Illinois Ethics Commission.
We have a 4:00.
Actually, I have a 4:00 with a Mitch Garbanza.
Yes, that's me.
Governor Quinn used to call me Mitch.
Why? I have no idea.
Okay.
Um, Mrs.
Florrick, unfortunately, has to reschedule for Sunday at 7:00, if that's all right.
That is all right.
Thank you.
I'll see you then.
Yeah, that sounds about right.
The choice isn't actionable.
I want to be clear.
I know, you're just raising a red flag.
What are we discussing here? Eli, you've met Marilyn? Just a few seconds ago in your office.
Marilyn has some concerns about Mickey.
- Our chief of staff? - Oh, I didn't know he was chosen yet.
He hasn't been yet, but he is our top choice.
So Marilyn's concerned that Mickey hired you as a crisis counselor.
It could look like a conflict of interest.
Because I ran the search committee? Yes.
Again, I'm not here to say you can't hire him.
I don't have that power.
I'm just saying it could look ethically compromised.
Okay, we'll look into it.
Thanks.
Okay.
Thank you, Marilyn.
She's doing her job, Eli.
Currently, Indiana protocols Has insufficient protections built in that guarantee A painless execution The printer, the mobile printer.
Okay, I'll go get it.
Hi.
New innovation? Test program.
So how does it feel to be first lady of Illinois? Weird.
Kind of like first galactic princess.
I'm sorry I didn't get back to you the other night.
Hey, you've been celebrating, you've been on death row, it's been A weird few days.
But we can talk When this is over.
Don't worry.
Well, I I was hoping to All right, I got it.
ASA Pine.
Ms.
Lockhart.
Hello.
You worked at the South Bend - prosecutor's office, didn't you? - A while ago.
Why? Do we know someone? You were the assistant prosecutor on the Eddie Fornum homicide.
Do you know how we know that? I don't care.
You had Eddie's hair retested six years ago.
Ms.
Lockhart, I'm not talking to you.
They're going to execute him.
They tried once and they're going to execute him in 48 hours.
And you had ten years to appeal his execution.
Don't come to me with 40 hours left.
You think he's innocent.
I think you're out of time.
Just give us the hair test.
Will, I have a lead, but I need time.
That is a very good point, Your Honor.
That wasn't a point, Mr.
Scheck.
I just wanted you to finish.
Well, uh, let me address that point, if I may Uh, but before I do, let me introduce my co-counsel Will Gardner.
Will Gardner, joining the case.
Your Honor, if it pleases the court, we ask that the execution of Eddie Alan Fornum - be delayed until - Your Honor I'm way, way ahead of you, Ms.
Cesca.
You know, it doesn't please the court.
Not very much pleases the court these days.
But your guy is not gonna join this suit.
Now, what else do you have? You misunderstand me, Your Honor.
We're not looking for Eddie Alan Fornum to join the suit.
We're looking for him to be the evidence.
Mr.
Fornum's testimony is the most relevant as to how much pain is suffered in the subject of lethal injection because he was the subject of lethal injection.
- Your Honor, I am speechless.
- Me, too.
I am speechless.
And yet intrigued.
Go on.
If Mr.
Fornum is executed, the state will have destroyed crucial evidence for the plaintiff.
Your Honor, they are trying to delay an execution.
Of course they are.
How much time do you need to depose him? - Six weeks.
- A month.
All right.
You have till Monday.
- Your Honor - Just relax, all right? The State of Indiana can execute him on Tuesday.
Now, look, I know what you three are doing, but y-you're not gonna save your guy with schemes.
You're gonna buy him a little time.
You're not gonna save him.
- Time is all we need, Your Honor.
- And please use it well.
Get on with Kalinda.
We bought her another 48 hours.
Governor-elect Florrick's office.
Please hold.
You're sure you don't need anything? Yeah, I'm sure.
Thanks.
I'm fine, thanks.
Four of the last eight governors of Illinois have gone to prison.
Four of the last eight.
Which is why we need to remember that the spouse and the children are an extension of the governor.
Your choices become his choices.
Now, I've looked over your work at Lockhart/Gardner, Alicia.
There shouldn't be any problem there, as long as you don't actively solicit clients who have business with the governor's office, and that your relationship with the governor isn't used as a lure to clients.
It should not look like Peter is receiving backdoor remuneration through your business.
And that your clients shouldn't believe that your spousal connection We need to talk.
About? We need to talk.
I'm starting my own firm.
You're When? Next week.
Me, Cary and ten others.
Peter, I wanted to tell you yesterday, but there was just no time.
That's fantastic! You've been wanting to do this since law school.
I know.
But I'm just worried that it might complicate your ethical issues.
Oh, Marilyn was covering all the spousal conflict of interest issues.
Have you told Will? And Diane? No.
Not yet.
Uh, just you two.
I'm damn proud of you.
Damn proud of you.
Thank you.
I'm so sorry, I have to get this.
- I am on my way.
- What? There were two nurses, a man and a woman.
And they had the needles.
And they tried to put them into the veins of my right and my left arm.
How many times? I again object to this line of questioning as a delaying tactic.
Do you want to get the judge on the line? What, and delay this even more? Go ahead, Eddie.
Well, then another nurse came on a head one, I guess and he tried again on this arm, but something really hurt.
Can you show us where on your arms? - Objection.
- Good, let's get the judge.
I'm preserving my objection for the record.
Go on, Eddie.
No, I'll do it.
So, after that, - they went to your neck? - Yeah.
I guess there was a lot blood, because I heard the guy say "oops" and the female nurse had to leave the room.
Why did she have to leave the room? I don't know, but she was crying.
Do you remember her name? "Joan," Your Honor.
That's all we know.
But I'm sure the AUSA can locate her.
Your Honor, the identity of nurses at Indiana State is kept confidential so that it doesn't become known that they participated in an execution.
Yes, but that doesn't shield them from questioning.
We would assert that it does.
Really? You're asserting some kind - of immunity, Ms.
Cesca? - Your Honor, we need to have - a hearing on this question.
- Hold on, hold on.
Ms.
Cesca, any thoughts about - walking that one back? - We apologize, Your Honor.
We agree there would be no immunity, but Mr.
Gardner is merely using this deposition as a ploy.
Your Honor! And he will insist that Mr.
Fornum be kept alive - for his rebuttal testimony.
- No.
No.
I was merely going to insist that the AUSA is trying to destroy evidence - by expediting this execution.
- No, no, no.
I'm not gonna delay this execution any longer.
How soon can you have that nurse available? - Tomorrow afternoon.
- That's not nearly enough time Shut up.
Tomorrow afternoon after Mr.
Fornum's been executed? - Well, that's just coincidence.
- Yeah, I'm sure.
Make her available this afternoon for a supervised deposition or be held in contempt.
How did you get back here? I needed to use the bathroom.
Call security! You quit Indiana a month after convicting Fornum.
You know something is wrong with this case.
You know he's innocent.
He's not innocent.
You retested the hair evidence.
Why would you do that unless Because I thought I was wrong.
I wasn't.
The test came back consistent - with Fornum's hair.
- I don't believe you.
Last page.
There.
- That doesn't mean it's his hair.
- You're right.
But it does mean there's no convincing you.
Why did you do it six years ago? - Excuse me? - Why did you double-check the hair evidence six years ago? What do you mean? Well, the date of this report is one week after the snitch, Tommy Diehause, died.
- You thought he might be lying? - I don't have time No, Eddie Fornum doesn't have time.
He escaped execution once.
He won't a second time.
This is the moment to come forward, Ms.
Pine.
- Please.
- You called security? It's all right.
I was using Diehause on another case.
He snitched on a top drug dealer in exchange for his freedom and a new identity.
Will, the snitch is still alive.
- He's using the alias - Robbie Walker.
Kalinda, we have a lead.
We think he's still in the Illinois area.
Forget the hair.
It's a dead end.
It's the snitch.
But we need more time to find him.
Robbie Walker, aka Tommy Diehause.
What'd you find out? The snitch is still alive, but we're having No, about the fourth-year phone calls.
Do you want me in this meeting? Dear God.
Go away! I haven't looked into the calls yet.
Yes, you have.
I checked with our provider.
They said they sent you the records.
- Then why do you need me? - Maybe I don't.
Here's another question for you Why aren't you doing your job? You have a complaint, you go to Will or Diane.
Is this about Cary? Or are you thinking of leaving with them? David, you should leave investigating to the professionals.
You might hurt yourself.
Okay! Save that photo, because it's the last time you're gonna see the ethics committee smiling in my presence.
Thank you, Governor-elect.
Maybe we can talk later.
Not until you call me "Peter.
" We should replace her.
Why? Because the optics aren't good.
What optics? Her looks.
- Don't be ridiculous, Eli.
- I'm serious.
I can't fire someone because they're too pretty.
Then don't.
Promote her.
Move her laterally.
You don't want sex to be an issue here.
It's not an issue.
Not for you, but for your enemies.
They'd be delighted to crown a new bimbo.
She's not a bimbo.
And we don't do that.
We don't fire someone because of the way they look.
Okay? It was my first execution.
In fact, you're not really a medically-trained nurse, is that correct, Joan? - Well, I have training - Yes, but due to the Hippocratic oath, trained nurses and doctors are not allowed to participate in executions.
Attorney is testifying, Your Honor.
Yes, at some length.
Sustained.
Joan, did you leave the execution prep in tears? Well, I was upset.
Eddie said you left in tears.
- Do you disagree with that? - No.
He's right.
He said it was because of the blood spilling from his neck after a faulty I.
V.
line.
That sounds right.
I left because of the blood.
Joan, did the prosecution prepare you for this testimony by telling you to agree with everything I said? Objection, Your Honor.
No, no.
Overruled.
Please answer.
She didn't say "agree with everything," but she did say you were trying to create disagreement between Fornum and me so that Fornum would have to be kept alive as a rebuttal witness.
- So you are actively deceiving this court? - No.
I'm just not seeing any area of disagreement.
Do you believe Mr.
Fornum was tortured? I think the offender was in pain.
He tried to keep from crying and screaming out.
I think Yes, it was torture.
And don't you think this is a systematic problem of lethal injection? I don't think so.
It was his veins.
We've never had this problem before.
Eddie's veins? What do you mean? He has what we call - rolling veins - Objection! Your Honor, we insist that a physical of Eddie Alan Fornum be conducted.
- Oh, dear God.
Your Honor - The witness has made an assertion that Mr.
Fornum is an exception due to his rolling veins.
- Well, we need a physical to see - This is game-playing.
- I don't know how it's game-playing - All the appeals have all been exhausted.
It's absolutely ridiculous.
- The only game-playing is - Hey.
I don't want to shout over you guys.
Sit down.
Sit down.
Good.
How long will it take to do this physical? That was good.
No, you were good.
Okay.
Kalinda, the court's delayed a few days.
- Yeah.
- Yes, I'm serious.
- Are you serious? - Dude, totally serious.
Stiles said he hooked up with her after second period.
- Hey, what's up with your sister? - What do you mean? When did she start looking so hot? What are you talking about? Oh, you probably haven't seen it.
Seen what? Turbochap.
com.
Stiles sent me the link.
Ooh, I'm not a baby no more Ooh, I'm not a baby no more I'm never far behind When my daddy is corrupting my mind I'm never far behind When my daddy is corrupting my mi-i-i And I'm downright denim-clad I pull a few from every toothy fad And I can, and I won't But I might Ooh, I'm not a baby no more Are you gonna get that? Hello.
Zach, it's Mom.
What are you doing? What am I doing? Nothing.
Homework.
Why? Nothing, I just I need you to get your sister dinner tonight.
Hey, is that Mom? Uh, yeah.
Can you just tell her we need more juice? We need more juice.
And I love you, too.
I'll be home around 11:00 or so.
Not too much TV.
- Okay.
Bye.
- Bye.
Alicia.
What's going on? West Side Story? We have a possibility on some office space.
Just outside the Loop on Harrison.
- $20 a square foot.
- Good.
It doesn't become available for three weeks.
Okay, so we rent temporary offices in the meantime.
No.
We were, uh, wondering whether we should stick around until then.
For three weeks? Why? Chumhum needs some work on a case.
So, we do it from our new office.
Look, we can't keep skulking around.
- We have to cut the cord at some point.
- I agree.
- We need to get going.
- Tell her the real reason.
People want to wait for bonuses.
Oh, come on! It's $1 million between us.
If we walk out before the first of the month, they'll never pay us.
A lot of us are counting on that money for start-up costs.
- We can't keep fooling the partners.
- We can't keep fooling Will.
Do we have a problem? No.
But you were all right waiting a week to leave after your case was finished, but you're not all right when it's our issue? It's a death row case.
Okay, let's not make it a big issue.
Listen, the difference here is two weeks.
Let's just put it up to a vote to the others, okay? Hey, Tommy.
Who are you? - Kalinda.
- Robyn.
I don't know who you guys are looking for.
- My name isn't Tommy.
- It is.
Tommy Diehause.
Sad.
You win a whole new identity, but you still can't resist being a thief.
Look, I don't know how you guys found me, but I told the truth at Eddie's trial.
He killed those girls.
He was only trying to jack their car, but they fought him and pulled off his ski mask, and that's why he had to kill them.
Come on, Tommy, why would anyone confess to you? You have snitch written all over you.
But how'd I know about the ski mask if Eddie didn't tell me, huh? The police never told anyone about that little detail.
Maybe you heard it from the real killer.
I did hear it from the real killer.
Your client.
Alicia, Alicia.
Kalinda found the snitch, but he's sticking to his story.
Damn.
Does she believe him? No.
She thinks there might be another way to get him, though.
Are you okay? The parking garage meet? Sure.
We're fine.
Hello? Can someone help me, please? I can't see anything.
Oh! Is anyone around? Thank you.
Alicia.
Do you have a minute? Sure.
What's wrong? We looked into the company's phones.
Over the past month, the fourth-year associates have called our top clients a dozen times each.
We're worried they're thinking of leaving with them.
Do you have any insight? No.
We called the clients, but they're being tight-lipped, said they have no plans of leaving at the present time.
Which is known as "preserving their options.
" I say we move past metadata and access their texts.
- Can we do that? - Where's Kalinda? Kalinda's sympathetic with them.
Yes, we can do that.
They're our phones.
We own the texts.
Alicia, you're friends with Cary.
Are you hearing anything at all? No.
Not since the fourth-years tried to scare us.
It would be helpful if you could get closer to them.
Find out if they're happy, and whether we should be worried.
Sure.
Okay, here's my problem.
I have two medical reports conducted by two different doctors one for the plaintiff, one for the defense and surprisingly, they tell two different stories.
Your Honor, may I suggest That Mr.
Fornum be preserved as a rebuttal witness? Your Honor, we withdraw our medical report on the offender's physical condition and stipulate to the truth of the plaintiff's report.
Excuse me? In addition, we stipulate to everything testified in Mr.
Fornum's deposition.
So let me get this straight.
You've decided that it's better to execute Mr.
Fornum than to win your lawsuit? We also have the warden from the Indiana State Prison who will swear to changes in the lethal injection protocol so at to reduce the pain associated therewith.
I imagine, Mr.
Gardner, you would like to depose said warden? - Definitely, Your Honor.
- Either way, there's no reason to delay this execution anymore.
If you so stipulate, I suppose that's true.
Ms.
Lockhart? Eddie didn't do it.
I agree.
How do we prove it? The snitch testified about the ski mask, something he could only know from the killer, right? But when I was at Treasury, we looked into prison brokers.
- Prison? - Brokers.
They're police insiders who sell information to prisoners so that they can snitch on their cell mates in exchange for a lighter sentence.
You think Diehause got the ski mask information from a broker? I don't know.
Maybe.
- But he'll just deny it.
- If we go to him.
But what if we go after the broker? Tommy Diehause snitched for our office three times.
So we want to find someone on all three cases.
Yeah, like a police officer, forensic investigator.
- Good luck.
- You're not gonna help us? Yeah.
Sir? Why do you think Alicia's leaving Lockhart/Gardner? Why do I think? Because she wants to make something of herself.
Not about Will? Well, I-I wouldn't presume.
And, uh You think the optics are wrong with Marilyn? Yes.
Photos of you with her would give the wrong impression.
Okay.
Promote her.
No.
No cops in common, no forensic investigators, nothing.
We're still looking.
Okay.
The execution is on for tonight.
Who typed up your crime report? What? Who was the clerk on your crime report? Bottom of the page, there.
The typist.
Thank you, so much, Ms.
Munn, for coming in on such short notice.
Oh, no problem, but I'm-I'm not sure how I can help.
I just type.
I don't actually catch the bad guys.
Actually, uh, we want to help you.
Really? How do you want to do that? We want to keep you out of jail.
We discovered your brother works as a prison guard, and that's how you sell information to snitches.
We are meeting next with Tommy Diehause, and one of you is gonna turn on the other.
That's the problem with working with a snitch, Ms.
Munn.
They like to snitch.
So I would start talking first.
What do you want? Did Stiles talk to you yesterday at school? What? Drew Stiles? Yeah.
Why? What'd he say? Nothing.
He's disgusting.
I know.
What'd he say? Did you say something to your friends? No.
Why? They're all trying to talk to me now.
What are you doing? What is this? Kids, hurry up! Your ride's here! Can we talk? Uh, my mistake.
I have to get to work.
You were in with the partners yesterday.
What did they say? Nothing.
Alicia.
We need to leave by the end of the week.
- They said that? - No, I'm saying it.
I'm still a partner here.
And I'm stuck in the middle.
I have a fiduciary responsibility to Lockhart/Gardner.
And I am opening myself up to a lawsuit just by talking to you about anything.
- We need to leave.
- Look.
One of the things we said we didn't like about Lockhart/Gardner was how decisions were made by fiat by Will and Diane.
We said we wanted to run things democratically.
And we all voted to wait three weeks.
Would we take this case? This death row case.
I don't know.
- Probably.
Why not? - It's pro bono.
We would be afraid of going broke.
Yeah, but Lockhart/Gardner didn't take death row cases until its sixth or seventh year.
Are you having second thoughts? I don't know.
I like watching Diane and Will work.
- They care.
- Alicia.
You and I are the new Will and Diane.
Don't use the company phones.
They're accessing the data.
I have a deposition.
Very simply, the medical team thought they could put an I.
V.
in the offender's arm, but they were wrong.
And how will tonight's execution be different? We will do a better job hydrating Mr.
Fornum and using warm compresses to raise his veins.
And we will place the I.
V.
in his foot.
And you didn't do this the last time? We would've.
But the execution was halted.
And I didn't supervise it.
So, you weren't present during the last attempt? Not all the time.
We had a late arrival of potassium chloride.
We've had difficulties with the supply of this drug in the past, so I supervised and witnessed its removal from an overnight pouch and placement in the intravenous tubing.
However, we will have greater control What? I've ordered the staff This court seems to be all Eddie Alan Fornum all the time.
Yes, His Honor Manfreddi referred this death row appeal to your court, Your Honor, um given that you were already hearing the Eighth Amendment appeal.
Lucky me.
All right.
So you're ten hours away from an execution.
What do you got for me? We'd like to call a witness.
You testified at Edward Alan Fornum's trial? Yes.
And you testified that he confessed to the double murder? Yes.
And you would like to now withdraw that testimony? - Yes.
- As far as you know, Eddie Fornum is innocent? Yes.
And you received the information to condemn him from the brother of that woman there Leslie Munn? - Yes.
- Is there anything else you would like to say? No.
You know, I didn't plan on judging this appeal, but you bring me that snitch who changes his testimony after almost a decade? Now Now I'm sorry, Ms.
Lockhart, I'm sorry, but, uh, an appeal of actual innocence after years of appeals and decisions and-and delays has to stand on much more ground than an indecisive snitch.
- Your Honor - No.
At a certain point, it has to be over, judgments must stand.
God forgive me I find for the state.
Execution will proceed.
Eddie, I need you to stand.
Eddie, please.
Place your hands out in front of you.
Turn around, please.
You know the way, Eddie.
You wanted to see me, Mr.
Gold? Oh, yes.
Hi, Marilyn.
- How are you? - Good.
I think we're off to a great start, don't you think? I do, I do.
And I have some good news.
Peter wants to promote you to the Transit Authority Board.
I I'm sorry, what? Yes, uh, an opening has opened up on the Transit Authority Board, uh, where you will have authority over transit.
It's a step up.
Congratulations.
- Did I do something wrong? - No, you did something right.
It's a promotion.
No, Marilyn.
Peter promoted you.
If he'd wanted to tell you that himself, he would have.
You guys are making a mistake.
Maybe.
You have a good evening.
How did it go? Well.
She took it like a pro.
She's right, you know, we need a new chief of staff.
She's not right, she's anal.
Well, anal's what we need right now.
Did I just say that? Yes.
Our new state motto? I'll make up a list.
Why don't you do it? What? Be chief of staff? But I I'm working on your next campaign, sir.
My next campaign is here in this office.
I screw that up, there's nowhere to go but down.
You going tonight? No.
We did everything we could.
Not everything.
We want to put an I.
V.
in early, Eddie, so there isn't the same confusion at midnight.
Tell us if you feel any pain.
You should feel a small pinprick as we attempt to put in the I.
V.
The monitor you see above your ankle is a VeinMapper.
It uses ultraviolet imaging to help find veins.
Okay, the pain should be over in a minute, Eddie.
Warden, excuse me.
- What? - There's somebody out here for you.
I'll be right back with you, Eddie.
Excuse me.
We're in the midst of a protocol.
What is it? Yes, our apologies, sir.
My name is Agent Lionel Franklin from the South Bend office of the Drug Enforcement Administration.
It's come to our attention that you've transported toxic chemicals through the U.
S.
Postal Service.
Are you serious? It's a direct violation of 49 U.
S.
C.
5101.
Have you transported any such chemicals? We use potassium chloride in our L.
I.
protocol, and, yes, we transferred it by overnight post.
I'm gonna have to confiscate those chemicals.
The governor has put the execution on hold, Eddie.
They don't want to try a third time.
It's over, Eddie.
Thank you.
Thank you.
With eyes open I was having a dream And as real as it seemed Good work.
Thanks.
Were you the one who called the DEA? Now, what would make you think that? It was a smart move.
Have some? Will? I need to tell you something.
No, you don't, Alicia.
Look, I know why you didn't call, and it's okay.
We were on a merry-go-round and we needed to get off, so we're off.
That's all.
Don't end up hating me.
What? Nothing.
Have a good night.
Are you sure you don't want some? No, I'm good.