Bull (2016–…): Season 2, Episode 21 - Reckless - full transcript

Bull's team worries that they're in over their heads when they take on the seemingly unwinnable case of Elliott Miles (Frank De Julio), a mute man facing the death penalty if he's found ...

[indistinct chatter]

[siren wailing in distance]

Rosenberg? You guys
involved in this one?

Yeah, well, the guy's a
postal worker, right?

That makes him a
federal employee.

That makes this potentially
a capital crime.

Well, it's not like he
was delivering the mail

when it happened. When we hear
that one of our federal employees

and his family have been a victim
of arson, rape and murder,

we like to stick our nose
in, see what's what.

Want to give me a tour?



[camera clicks]

That's the husband and wife.

Not sure if you can
tell, but she's naked.

Both tied to those chairs.

In addition to burning to death,

we believe there are multiple
stab wounds on both victims.

Won't be sure for a while.

Can't really handle the
bodies in this state.

ROSENBERG: So, what do we know?

Silver Ford Explorer
missing from the driveway.

We've got an APB out
across the entire state.

He stole their car?
You think the guy's

stupid enough to
still be driving it?

Takes all kinds of
stupid to make a world.



What else we got?
What's with the bike?

DENTON: 12-year-old daughter.

She wasn't home.

At a friend's for a sleepover.

Only silver lining.

♪ Hey, hey

♪ I'm crazy for loving you

[siren chirps]

♪ Crazy for loving you

POLICEMAN [over speaker]: You,
silver Explorer, pull over.

♪ So what else can I do?

[siren chirps]

Put your hands where
I can see 'em!

Do it now!



♪ Crazy for loving you

♪ Hey, hey, hey

Okay, now, I need to see your
license and registration.

Your license in your pocket?

Okay, you can reach for it.

No sudden moves.

♪ Hey

♪ Crazy for loving you...

Put your hands on
the steering wheel.



Elliot Miles?

You call this in.

The hell is this?

[piano playing "Young at Heart"]

[sighs]

BENNY: Hey.

Ah.Sorry to keep you waiting.

I saw you kissing that teenager.

You know, that's against
the law in this country,

and most other
civilized societies

around the world,
for that matter.

Ah, right, right.

No, she is 34. I know
she looks younger.

Said Jerry Lee Lewis
to the judge.

No, no, no.

We, uh... we met at the airport

over Thanksgiving.

Just got back in touch
a couple weeks ago.

BARTENDER: And for you, sir?

I'll have what he's having.

So... what are we doing here?

Huh? What was so urgent that
you had to tear me away

from my life of
nomadic introspection

and years of sexual depravity?

Well, it's, uh...

it's good news... I think.

Just not the kind of news
you discuss in the office.

Oh.

My sister...

she's getting remarried.

Which means you, my
friend, are off the hook.

No more alimony,

no more rent on
that Tribeca co-op.

You are a free man.

Financially speaking.

She's been...

meaning to tell you
for a month or so.

That's why she left you
all those phone messages.

But then she chickened out.

And here I am, the bearer of...

whatever kind of news
you think it is.

That's great.

I'm happy for her. Really.

No, I... knew you would be.

So, where'd your girlfriend go?

At a wine bar, right
down the street.

What are you doing here?

Talking to you.

Now, get out of here.
Go see your girlfriend.

It's getting late... you don't
want her to miss her curfew.

Mm-hmm.

[taps bar top with glass]

[phone vibrating]

[moans softly]

Hello?

Jason?

Of course.

I'll-I'll get there
as quickly as I can.

[Bull grunts loudly]

[retching nearby]

BULL: Oh-ho-ho-ho! God.

[toilet flushing]

[groans]

[exhales]

Sorry.

[chuckles, sniffs]

Thanks.

[exhales]

There, you want that back?

[chuckles]: You don't
want that back.

[sighs]

Thank you.

[takes deep breath]

You got somebody picking you up?

I can... give you a
ride home, if you need.

Hmm.

Well...

you know...

if you ever need anything...

you just give me a call.

GUARD: Elliot Miles?

The interpreter's on his way.

Officer's gonna walk you
back for questioning.

[handcuffs clicking]

He doesn't speak English?

He doesn't speak anything.

You Jason Bull?

Someone has to be.

Congratulations.
You've made bail.

Thank you for doing that.

No problem.

Criminal mischief in
the fourth degree?

Yeah, it sounds
worse than it is.

I got in a fight with one
of those vending machines

that sells you bottles of water.

I gave it three dollars, and
all it did was laugh at me.

So you kicked it?

Kicked it till you broke it?

Well, the only other bills
I had were twenties,

and I wasn't gonna
put one of those in.

When did human beings

start selling water to
each other, anyway?

It falls from the sky.
No one owns it.

When I was a kid, it was
something you offered people.

I'm worried about you.

[sighs]: I'm fine.

I'm fine.

You know what? You're not.

When I met you, you
were ambitious and...

focused and d-disciplined.

My God, I never met anyone
with more discipline.

Last couple of years, though...

Izzy's getting remarried.

Okay.

I'm sorry.

But she wasn't getting
married yesterday,

or last month,

or... Well, apparently she was,

'cause everybody knew
about it except me.

You're changing the subject.

[scoffs] You used to be
a citizen of the world.

You never met a person you
didn't find fascinating.

But lately you live
in your head...

for an audience of one.

I mean, every day, I see
you checking your watch

to see if it's late enough
to have your first drink.

And if it's not that, it's
how long until lunch.

You sleep in your office.

Your clothes don't fit.

I think you are an
amazing person, Jason,

but I am tired of
worrying about you.

Pitying you.

I want to admire you again.

[door closes]



[lock buzzes]

You probably think I'm here
to return your handkerchief.

My name's Dr. Jason Bull,

and I run a trial
science company,

it's a kind of law office...
We help people.

And it occurred to me
after I left here...

you might need help.

I know the idea of
being represented

by someone you met in jail sounds...
unconventional,

but I guarantee you I am...

great at what I do.

Nonetheless...

the government...

wants to execute you...

and I would like to make
sure that doesn't happen.

But there's one thing
I need to know.

Did you do it?

Good answer.



Everybody know who this is?

Isn't that the guy accused
of raping that woman

and burning her and her
husband to death in Brooklyn?

It is. He's also
our newest client.

His name is Elliot Miles.

BENNY: Yeah, heard on the
news that they're prosecuting

this case as a capital crime.

Feds are looking for
the death penalty.

How did Bull get
roped into this one?

Some hotshot attorney
put the arm on him?

No. Apparently, Bull and Elliot
actually know each other.

And according to
this 20-page e-mail

he sent me late this morning,

Bull believes he's innocent.

Based on everything I'mreading,
he's the only one.

BENNY: Wait a second.

If he wasn't brought into this
case by the kid's attorney,

then who's the kid's attorney?

I believe that would be the
esteemed Benjamin Colón.

I'm trying a death penalty case?

Certainly appears that way.

[softly]: Oh...

DANNY: Okay, well,

according to the papers, the
kid works in construction.

Lives in Astoria.

Got pulled over for
driving a stolen SUV,

which, turns out, belongs
to the murdered couple.

None of this sounds good.

What does Bull know
that the papers don't?

According to Bull's notes,
Elliot bought the car

two days after the murders.
$600 cash.

He was standing at a bus stop

and a guy pulled over and
offered to sell it to him.

No paperwork, just
money for keys.

And Bull believes that?
According to this e-mail.

He says he sat with
Elliot for two hours.

DANNY: We get a description
of this generous fellow

who hands out three-year-old
cars for $600?

White male, brown hair,
average height and build.

[chuckles] Wow. That's what,

200 million people?

Also, he was wearing a
ring, a class ring.

It had a green stone.

Oh. Well, there you go.

Now we're dealing with
50 million people.

Does he at least have an alibi?

It's pretty weak.

He left the jobsite at 5:30 to
run some errands for his boss.

Says he was done
with those by 6:30.

Ate something and took a
subway ride home to Queens.

His girlfriend says he walked
through the front door

a little after 8:00.

The fire was set around 7:30.

But that was in Brooklyn, a
20-minute subway ride away.

So theoretically, he
could have done it.

It would have been a sprint,
but he could have done it.

By the way, Bull wants

to get the girlfriend in
here for you to prep.

Okay. Here is the address

of the bus stop where Elliot
bought the dead couple's SUV.

Danny.

Mm? Bull would like
you to go down there.

See if anybody saw anything.

And Cable, see if anybody
within a three-block radius

has any cameras.

Anything that can
help us pinpoint

what time Elliot took
possession of that SUV.

Not to mention, maybe
giving us a picture

of the guy who sold it to him.

Done and done.

And one more thing.

They haven't mentioned
it in the news reports,

but Elliot is mute.

Mute? As in can't talk?

But Bull said he spent
two hours with him?

He can hear. He
writes his answers.

And can sign. CHUNK: Sounds like

he'll make a hell of a witness

if we decide to put
him on the stand.

Sounds like the boss is acting
a tad impetuously on this one.

I'm glad you said it.

I'm sensing some
dissension in the ranks.

Well, get it out of
your systems today

because he's gonna
be in the office

bright and early
tomorrow morning.

["Pick Up The Pieces" by
Average White Band playing]

Bull?

Yes, Marissa?

Um, you look...

uh, different, um...

Good different.

Well, I bought a new suit.

One that fits.

Slept eight hours. In a row.

In my apartment.

And went a whole day
without a drink.

Okay.

Look, yesterday morning,

I-I may have said some things.

You did.

And I needed to hear them.

[sighs]

I don't want to be
someone you worry about.

I want to be someone you admire.

But I do admire you.

I always have, I always will.

Well, I haven't
always admired me.

Not lately.

But I'm determined
to change that

and I think a big part of that

is sinking our teeth into
something of consequence,

something that matters.

And defending Elliot
Miles is just that.

Is the team excited? Wha... I...

think everyone is a
little overwhelmed.

And plus, I'm not you.
I'm not sure

I was able to convey your...

enthusiasm.

I think they really
need to hear from you.

BULL: Let's talk capital murder.

Capital murder cases are unique

in two special ways. For one,

the entire jury has to
be "death-qualified."

Death-qualified?

Well, that sounds morbid.

What does it mean?

It means that during voir dire,

the judge won't even
consider seating a juror

if they haven't already
assured him or her

that they're willing to
convict our client to death.

Uh, you said there
were two differences.

BENNY: Well, there
are potentially

two parts of this trial.

The first part is the
typical criminal case,

adjudicating innocence or guilt.

Then, if the client
is found guilty,

there's the penalty phase.

And that's the second part.

And the jury, not the judge,
decides the sentence.

And there are only two choices.

Death or life in prison.

BULL: And just in case

you were wondering, we get
the same jury for both.

You really are a glutton for
punishment, aren't you?

I just think I'm pretty
good at reading people.

They say this kid's a rapist.

Followed this woman home.

Did what he wanted to
do with her and then,

when her husband surprised them,

he somehow tied them both up
and set the place on fire

to cover his tracks. Okay.

If you say so.

And then he stole their car.

The guy who just
torched the place

so you wouldn't know it was him.

[laughs]: Okay.

If that's what you're selling.

The same kid

offered me his handkerchief

after I puked all over
myself the other night.

Offered me a piece of gum.

Offered me a smile.

He didn't know

who I was.

He just did it.

[sighs]: So I just don't...
see it.

Now I sense that
some of you think

getting involved with
this is a fool's errand.

[chuckles]: Well... all right,

so be it, but it's your fault for
choosing to work for a fool.

There is nothing that
proves Elliot is guilty.

Ladies and gentlemen, in
the trial of Elliot Miles,

the federal government is
seeking the death penalty.

Before I can seat you, I need
to know that you are capable

and willing to vote for
such a punishment.

Who here has a religious
or moral objection

to the death penalty?

Keep your hands up.

These jurors are dismissed.

No matter who we're left
with, we need to find jurors

who are prone to reduced
emotional reactivity.

People who are more likely to
weigh the facts, not be clouded

by the horror of the crime.

Even if the evidence says it's
possible Elliot did this,

they will see it's not
impossible that he didn't.

Creating reasonable doubt.

Okay. Well, how do we
find these people?

BULL: It's actually
fairly simple.

We ask about important
moments in their lives,

emotionally charged moments.

People with reduced
emotional reactivity

will talk about births,
deaths, weddings, divorces

in a clinical and
detached fashion.

So they're... actually
pretty easy to spot.

Do you mind if I
ask, has anyone here

recently lost a family member?

Do you feel comfortable
talking about your loss?

Sure.Okay.

Uh, who was it that passed?
My father.

About six months ago.

[voice breaks]: Worst
experience of my life.

[crying]: Watching
him waste away.

[sobbing quietly]

Uh, Your Honor,

we'd like to, uh,
dismiss this juror.

We want people who keep
their emotions in check.

We're looking for
limited gesturing,

restrained facial expressions,

and definitely...

no criers.

Describe the best
day of your life.

Oh, my God.

[laughs]: My wedding day.

My husband was a dancing machine

and a drinking machine.

And then he fell into the pool

doing the Electric Slide,

and then he was good for nothing.
[Laughs]

But still, it was
an amazing day.

Divorce. The greatest
day of my life.

You know that joke?

Why is divorce so expensive?

'Cause it's worth it.

[scattered laughter]Oh. I
thought of a better day.

The day my ex got remarried.

Bingo.

Like winning the Lotto.

Your Honor, we'd like to
dismiss this juror also.

Man's on a cuttin' frenzy.
Kind of looks that way.

Bull, I know you know this,

but we're running
low on strikes.

Now, is anyone else
here recently divorced?

Ah. Would you mind

if I asked what happened?

It was...

He was cheating.

Sounds good. Calm, contained.

You can't see it, but...
look at her jaw.

She's flexing her jaw.

Bull, no. She's good for us.

She's one of our
only women left,

and women are far less likely
to impose the death penalty.

But we won't have to worry
about the death penalty

if we find jurors who won't
convict him in the first place.

Please, Bull.

If I've told you once, I've
told you a hundred times,

voir dire is not about
jury selection, it's about

jury de-selection.

And then this woman
is forcing herself

to be dispassionate, using every
bit of restraint she has.

But it is not her natural state.

Inside she's a cauldron of rage,

and I can't give her
the opportunity

to vent that rage on Elliot.

I'd rather take my chances
on the possibility

that the remaining jurors might
be able to see his innocence

than the virtual certainty
that this woman

will send our client...
away for life,

regardless of gender.

[mouths]

Please, Bull.

Your Honor, we would like
to strike this juror.

JUDGE: Ladies and
gentlemen, the prosecution

and the defense are
out of peremptories.

The next eight
jurors on the roster

will fill the remaining seats.

Prospective jurors
11 through 19,

welcome to the
jury.[gavel bangs]

What the hell is he doing?
I have no idea.

JUDGE: See you all tomorrow
for opening statements.

[exhales]

Figured you might be here.

Oh. Well...

had an early morning meeting
with the prosecutor.

Meant to tell you about it,

but you left in such
a huff last night.

I have a... cell phone.

I have e-mail.

Me, too. Uh, I guess
I was waiting

for you to shoot me a
text and apologize.

Nothing yet.

You know, Bull, we
used to be a...

we used to be a team.

[sighs]

What are you talking
about, Benny?

Used to be that you'd ask
me before you took a case.

Used to be that you'd... ask me

before you blew through
all our jury strikes.

Used to be that you...
cared what I thought.

Okay. What do you think?

I think that you're in the
middle of some kind of crisis.

I don't think that
you're thinking clearly.

Getting arrested,
drinking too much,

taking a death penalty case

'cause a guy gave
you a handkerchief.

I haven't had a
drink in 33 hours.

Meeting with the
prosecutor without me.

He wanted to make a deal.

You're kidding me.

Elliot pleads guilty.

They take the death
penalty off the table.

He agrees to life in prison
and no chance of parole.

And what did you say?

What do you think I said?

Well, I hope you said that you'd
discuss it with our client,

discuss it with your team.

I know how our client feels.

[laughing]: Know how
your client feels.

[clears throat]

Yeah, yeah, that's right.
That's right.

Y-You don't care what your,
what your team thinks.

You don't care. I forgot.

You know everything.

I know he's innocent.

No, you don't.

You-you-you think he's innocent.

That's not the same thing
and more importantly,

you don't know how to
prove he's innocent.

I guess it doesn't
matter, right?

Because you're on some-some
private, uh, crusade or quest

to prove something to
yourself or my sister

or your father or
I don't know who.

But it's-it's all well and good.

Hey, you know what?

It's-it's your company. Right?

But what you keep
not thinking about

is that you're dragging
the rest of us into it.

And we don't want to
watch a man put to death

and have to live with that
for the rest of our lives,

live with the possibility
that it may be our fault,

that we may have let him down,

that we may have not
been up to the task

and damn it, Bull,
you didn't even ask!

Where are you going?

Coffee! I'm getting coffee.

THIESSEN: I'm sorry
to keep you waiting.

I'm Dr. Thiessen.

You can call me Amos.

Morning got a little hectic.

You have kids? No.

I, um, no.

So, why don't we start
with you telling me

a little bit about why you
wanted to try therapy.

[chuckles, sniffles]Take
your time.

[sighs]: Okay.

Of course I'm coming down
for your graduation.

I wouldn't miss
it for the world.

[elevator bell chimes]

Anna, honey, yeah, I got to go.

I got to... oh, okay. Okay.

Lily Galloway. Hi.

Chunk Palmer.

I've been expecting you.

When they called you,
they explained to you

why I wanted to see you, right?

Um, kind of.

And you are Elliot's
girlfriend, right?

We live together, yeah.

And you're comfortable with the
idea of testifying for him, yes?

I think so.

I mean...

his face is all over the
Internet and the papers.

It's kind of crazy.

The neighbors are
looking at me funny.

It makes me nervous.

Well, you don't
have to be nervous.

Um, he is counting on you,

but you are what we call
Elliot's alibi witness.

And you're a huge
part of this case.

We need you to help us prove
that he couldn't have done this.

How do you mean?

Well, the only way we have

to refute the idea that he
did this is your testimony

that he came home a
little after 8:00.

You remember saying
that to the police?

And you're willing to
say that on the stand?

I guess so.

You seem a little uncertain.

Um, no, I'm not... uncertain.

It's just scary.

But you don't have to be scared.

I mean, he's your guy, right?

You said you two live together.

Yeah, and we sleep
together, too,

but it's not like that.

How do you mean?

He's in construction.

He makes good money.

I'm a waitress.

Do the math.

I mean, let's be honest.

I don't think a lot of girls are
offering to sleep with him.

A girl wants a guy who
will listen to her,

but... [scoffs] once in a while

you want him to say
something back.

So, um... are we done? I
have to get back to work.

Sure.

You want taxi money
or subway money?

I'm fine. Um...

When is it you need
me to do this thing?

Y-You know what, we may
not even call you.

The trial could go a
hundred different ways,

but I promise to keep in touch.

ROSENBERG: How long
have you lived

down the block
from the Johnsons?

Oh, gosh. Since
their little girl

started elementary
school with mine.

I guess it's been six years now.

Can you tell us what
you saw that night?

I was taking our dog out for
a walk, same as every night.

Around 7:00. It was dark.

And I heard this strange ring.

I wasn't sure what it was.

Then I realized it
was a smoke alarm

and I looked across the
street at the Johnsons

and there was this man
coming out the front door.

And did you get a
good look at him?

If you saw him again, do you
think you could identify him?

Of course.

He's right there. The defendant.

[gallery murmuring]

He was running out of
the front of the house.

Confidence metrics for this
woman are really high.

The jury loves her.

I don't love her.
Next thing I knew,

he was getting in the
car and driving off.

This man?

Yes, this man.

[gallery murmuring]

ROSENBERG: Thank you.

No further questions.

[whispering]: Benny.

BENNY: Mrs. O'Neil,
thank you so much

for being with us here today.

Now, today is not the first time

that you have
identified my client

as the man you saw making his
way out of the burning house.

Isn't that correct?

No. No, of course not.

After the fire occurred,
the police asked me

to come down to the precinct,
had me look at some photos.

They wanted to see if
I recognized anyone.

And did you?

Of course.

I saw his photo. There he was.

BENNY: So, how long
after the fire occurred

was this visit to the precinct?

I think it was a week or so.

A week or so?

And Mr. Miles was
arrested, what,

three days after the crime?

I-I really don't know.

Oh, but I'm sure
like most of us,

you tried to find out
everything you could about it.

I mean, you lived
across the street.

Two people had died.

My little girl played with
Emma every day after school.

I was devastated. We all were.

Well, then I'm sure you're aware
that after he was arrested,

Mr. Miles's face was
all over the news,

the TV, the Internet,
the newspapers,

and this was three days
before you identified him.

I guess that's right.

Your Honor, while we
absolutely believe

that the witness's testimony
was well-meaning,

we'd like to make a
motion to suppress it.

On what grounds?

Isn't it obvious?

The witness's identification
is suggestive;

Therefore, tainted and
ultimately of no value.

The witness chose
my client's photo

because she had seen
it countless times,

had been told countless
times on the TV, computer,

in the newspapers that
this was the guy.

ROSENBERG: Through
no fault of her own

or the government's.

BENNY: It's not about fault.

It's about asking the jury to
consider what actually matters.

We're talking about
a man's life here.

[gavel bangs]

JUDGE: Both sides make
compelling arguments

in regard to the
witness's testimony;

Therefore, I'm going to
leave it to the jury

to determine how to evaluate the
strength of the identification.

Your motion is denied.

No further questions,
Your Honor.

Nice work.

Hey. I was thinking
about what you said.

I want to have a quick
conference with Elliot.

You have a minute?

I've been remiss

and thankfully, Mr. Colón

has called it to my attention.

The AUSA came to me
earlier this morning

and offered to take the death
penalty off the table.

BENNY: "Why would he do that?"

Well, he's offering
to do it in exchange

for you admitting guilt

and saving the
government the trouble

of putting on this trial.

"But I didn't do it."

We know.

But we needed to tell
you about the offer.

BENNY: We also need
to tell you...

And Dr. Bull, feel
free to jump in

if I say something you
don't agree with...

We could use your help.

BULL: The fella who
sold you the car,

is there anything else you
can tell us about him?

Your description was pretty...
general.

A limp?

Suddenly the guy who sold
him the car has a limp?

Come on. I'm sorry, Bull.

It all sounds like a bad novel.

It does, doesn't it?

You okay?

Actually, I'm a mess 'cause
I know he's innocent.

I know it with every
fiber of my being.

I'm sorry I came down on
you so hard this morning.

I'm worried about you.

We all are.

You've always been this rock,

the guy who knows the answer
before anyone asks the question.

It seems like you're
coming apart.

Is it Izzy?

Izzy getting married?

[chuckles] No, I'm fine.

Trust me, I am fine.

[sighs]

IZZY: Who is it?

Ghost of Christmas Past.

Oh, my goodness.

I'm tempted to say "look
what the cat dragged in,"

but given your current
weight, I don't think

there's a cat in this
town that can do the job.

It's nice to see you, too.

Oh, God, I'm awful.

Do you want to come in?

[chuckles]

You... you want a drink?

Yes. God, yes.

But don't give me one.

It's nice.

You want to buy it?
I'm getting married.

[chuckles] I heard.

I wanted to tell you.

Um, I called...

but you were never
there, so I...

I figured it was a sign.

No.

It's all good.

I'm happy for you.

You don't look happy.

Happy for you; Sad for me.

You're a great lady, lady.

Is that what you came
over here to tell me?

I don't know what I came
over here to tell you.

Benny and I are
representing this guy...

who's staring at
the death penalty.

Yeah, the fire guy...
My brother told me.

Has a way of making you
think about things.

Think about life.

About your own life.

I'm sorry.

I'm sorry it didn't...

work for us.

I would have really liked...

for it to have worked.

But I'm glad you found someone.

I wish the same for you.

[chuckles, sniffs]

Can I tell you something?

Something I don't think
you know about yourself?



I don't think you're
good alone, Jason.

I don't.

You may be onto something there.

Anyway...

[sighs]

Have a wonderful wedding

and an amazing marriage and...

great life.

You, too.

ROSENBERG: Mr. Wilson, did
your construction crew

work on a jobsite at
68-8 Peak Street,

an apartment house? Yes, sir.

And was Elliot Miles
a part of that crew?

He was. Elliot's been
on every crew I've had

for nearly three years.

He's a good worker and
a very good roofer.

And from the roof

of that building, could
one possibly see

the Johnson residence?

BENNY: I object, Your Honor.

Calls for speculation.

There's nothing speculative
about it, Your Honor.

If you'd allow me to continue,

that will become
absolutely clear.

Objection overruled.

Your Honor, I'd like
to show the jury

prosecution 27.

These are photos taken from
the roof of 68-8 Peak Street.

Clearly visible and circled
is the victims' house.

Mr. Wilson, doesn't
it stand to reason

that your employee might well
have been watching Mrs. Johnson?

Learned her comings and goings,

seeing when she might
be vulnerable?

Objection! Your Honor,
again, speculation.

The witness can't testify

to what my client
did or didn't see.

Sustained. The jury
will disregard.

ROSENBERG: No further
questions, Your Honor.

Gentlemen.

Something to chew
on with your lunch.

New witness list.

Lily Galloway?

Isn't that Elliot's girlfriend?

Isn't... she testifying for us?

I sure thought so.

The meeting did not go well... she
was kind of all over the place.

[chuckles]: But... I get
the definite impression

that any romantic feelings
reside strictly with Elliot.

She seems to be in it mostly
for economic reasons.

ROSENBERG: So, how would you
describe your relationship

with the accused?

I guess you could say
I'm his girlfriend.

ROSENBERG: And where were you
on the night of the murders?

I was at our apartment
in Astoria.

I got there after my
shift ended at 4:00.

I wait tables in Kew Gardens.

We usually... make
dinner together.

And what time did Elliot
get home that night?

He was late.

He said he was running
some errands for his boss.

Now, you originally told the
police it was about 8:15,

is that correct?

Yes. Uh, that's right.

But now I think...

I might have been mistaken.

I think it might have been 9:15.

[whispers]: What?

[gallery murmuring]

ROSENBERG: Now, when
you say you "think..."

LILY: No. I meant...

I know... It was 9:15.

It was definitely 9:15.

No further questions,
Your Honor.

[sighs]

Miss Galloway...

I appreciate your testimony,

but I am confused.

I read the police transcripts
of your interview with them.

You're very clear, very certain.

You said Elliot walked
through the door at 8:15.

I know that's what I said.

Now, the interview was
less than three days

after the fire.

Your recollection was
still fresh in your head.

You said you were certain
what time it was.

Now here we are, weeks
and weeks later,

and-and you're insisting
that you were off

by a whole hour?

Uh... how do you explain that?

Miss Galloway?

The witness will answer
the question, please.

I actually have no idea
what time Elliot got home.

[gallery murmuring]

Well, that sure
woke the jury up.

I'm sorry, did... did you
just say you have no idea?

I worked that day
from 8:00 until 4:00.

By the time Elliot got home,

I was thoroughly trashed.

BENNY: Okay.

Now...

when you say you
were "trashed..."

I had smoked some bath salts.

[gallery murmuring]

We just got our first green.

BENNY: You just testified

that the defendant
got home at 9:15.

People were really
angry with me.

They knew I lived with Elliot.

At work, they
wouldn't speak to me.

In the neighborhood,
they wrote bad words

on my car with white paint.

He said he'd get me protection.

Who said they'd get
you protection?

Let the record show that
the witness is pointing

to the prosecuting
attorney, the AUSA.

Now... are you saying that
the federal prosecutor

offered you protection

in return for saying
that my client got home

at 9:15 instead of 8:15?

Objection! The defense is
trying create an inference

that something untoward...

Something untoward?

The witness just testified
that you bribed her.

Your Honor, I object.
You offered the witness

a promise, inducement...
There was no formal promise.

Or reward.Mr. Rosenberg!

And if that's the case,
the prosecutor knows

as well as I do
that it's his duty

to disclose that to the defense!

I move for a mistrial, Your Honor!
Order.

The defense moves... I really don't
think she's marriage material,

but that girl may have
just saved your life.

I will have order.

There will be no mistrial.

I think it's fairly obvious

that the witness has, for
all intents and purposes,

recanted any statements
having to do

with the precise times or
whereabouts of the accused.

And I have every confidence that
the jury can determine what,

if any value her
testimony has provided.

The witness is dismissed,

and court is adjourned
until tomorrow.

[gavel bangs]

I may have been a touch premature
about your girlfriend,

but... we live to
fight another day.

What was it you guys just
signed to each other?

"You are not alone."

Wow. I'm impressed.

What possessed you
to learn that?

To say that to him?

Oh, you've got it backwards.

He keeps saying it to me.

BENNY [sighs]: Hey.

I tried my best, boss.

No, you were a pit
bull out there.

Any other judge, and we'd be
toasting each other right now.

[sighs] God, what a good idea.

Sorry to let everybody down...

but I think I need a drink.

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