Doubt (2017): Season 1, Episode 2 - Then and Now - full transcript
Previously on Doubt...
24 years ago,
16-year-old Amy Meyers
was murdered in Gramercy Park.
The defendant was the
last person seen with her.
You know, you never asked me
if I did it.
I'm your lawyer. I'd defend you
whether or not...
You're not just my lawyer.
Do I need to take you off
Billy Brennan's case?
Don't make the
same mistake I did.
Can we leave her out of this?
You went to jail when I was two
and robbed me of a mother.
Calvin, what's going on?
We found the murder weapon.
It has her blood on it.
And they just discovered it
has somebody else's blood
on it, too.
I'd like to submit my blood.
I'm gonna prove to everyone
that I am innocent.
I want there
to be no doubt.
♪ Mama, take this badge
off of me ♪
Amy was mad
that I was always busy
working on my dad's campaign.
And so she broke up
with me that night.
But this was '91.
Your dad was elected
the previous year,
so you weren't working
on the campaign.
Well, I was also
really busy with sports.
So, you were lying when you said
Amy broke up with you
because you were busy
with your dad's campaign.
No, I wasn't lying. I had been
working on the campaign.
The year before. Yes, and then
I got really busy with sports.
Which is it?
Sports or the campaign?
Well, if you give me
a chance to explain...
I keep giving you chances and
you keep lying. I'm not lying.
It's complicated.
Two minutes.
That's all it took
for him to rattle you.
He's gonna need a Q-tip.
He's gonna need
a lot more than that.
We'll give you a Q-tip.
You can keep it in your pocket
while the D.A. questions you.
It's an acronym for Quit
Taking it Personally.
I don't need a Q-tip, guys.
I'm telling you,
when the DNA results...
I don't even want
to talk about the DNA.
For the record,
I was against that move.
And this isn't TV,
the DNA's not coming
back overnight.
Well, don't talk to me
like I'm an idiot.
I'm being a pussycat compared
to how the D.A.'s gonna be.
Trials are war and
you need to toughen up.
Your testimony seems
smug and evasive,
and if I were
in the jury box
I'd be jumping up and down
to convict you.
So, let me
ask you this again,
why did Amy Meyers
break up with you?
Isaiah is waiting for us.
All right, we're still
a month away from trial.
We'll get another prep session
on the books for next week.
You might want to get
your story straight by then.
I wasn't sure
you'd be here today.
You shouldn't have kissed me.
I know.
It can't happen again.
I know. I don't want
to put you in a position
that would threaten your career.
I'm not worried about me.
I'm worried about you.
Keeping you out of prison.
I have my first surgery tomorrow
since being released.
A two-year-old boy with
a heart malformation.
I was going through
the steps of the surgery
in my head last night,
and I realized
for the first time
in a long while,
I wasn't lying in bed
worried about my case.
Well... hopefully
the future is full of nights
worrying about sick kids.
No, that's... I don't mean that.
I don't want there to be sick
kids. You know what I mean.
I do.
I got to get to court.
Okay.
Well, thanks for...
worrying about me.
I'm your lawyer, it's my job
to worry about my clients.
Yeah.
I have an extra ticket
to Hamilto tomorrow night.
You free?
I feel like the
speaker of the House,
third in the line
of succession.
You break up with Gemma,
you and Sadie aren't talking,
so I get to go to Hamilton.
My pain is your gain.
Exactly.
Isaiah said ten, right?
Morning meeting starts at ten?
Yup, usually.
Why? You got somewhere
you need to be?
Uh, no, I'm good right here.
Tiffany, Nick.
No onion bagels?
I'm sorry, sir.
Do you want the other half?
This will never happen again.
We can't stay.
Darryl Smallins trial.
Remind me.
19-year-old kid got a ride with
his cousin and cousin's friend.
The cousin ended up
in a gang dispute
and shot an innocent bystander.
And your client?
Was just in the wrong place
at the wrong time.
He's in culinary school,
trying to make something
out of his life.
No more bagels? The new
guy ate the last one.
Has everyone met Nick?
I haven't. Hi.
I'm Sadie and I'm leaving.
I have to be in court.
Your buddy Judge Porter's
trial starts today.
Jonah.
How is he?
Well, he's a know-it-all
blowhard,
and if I survive this case
it'll be a miracle.
And how's the Brennan case?
Good.
A disaster.
His testimony needs some work.
He'll be fine.
I'm glad everyone's
on the same page.
Okay. Go, do, conquer.
Um...
Uh... what exactly
should I go conquer?
Jonah Porter
is a retired judge.
A lot of people in this room,
they have Judge Porter stories:
charming, funny,
sometimes a little gruff.
The story I'm gonna
tell you today, though,
is not funny or charming.
It's the story of a man who
wouldn't take no for an answer
from a woman
who couldn't say yes.
Gina Porter suffers
from Alzheimer's,
a disease that has left her
unable to recognize her husband.
He is a stranger to her.
And yet, Judge Porter
still regularly engaged
in sexual intercourse
with Gina Porter,
whose disease has robbed her
of the ability
to knowingly consent
to this unwanted contact.
Over the course of this trial,
we will prove
that Jonah Porter
raped his wife...
repeatedly.
Jonah met Gina in 1999
when he sat next to her
on an uptown bus.
At one point, she leaned over
and gave him the answer
to a crossword puzzle clue.
They got off at the same stop
and he suggested they finish
the puzzle over dinner.
The way Jonah tells it,
they were in love by the time
they finished the crossword
and had decided to get married
before dessert.
It was a 15-year love affair
that ended four months ago
when Gina's children brought
these absurd charges.
By pressing criminal charges,
they are using the power
of the government
to resolve a family dispute,
to hurt
the stepfather
they never really liked.
But even worse,
is that the person
they're really hurting here
is their mother, Gina.
When Jonah was arrested
he was barred from seeing her.
Over the coming days,
we will prove that Gina Porter
was able to consent to sexual
activity with her husband.
Jonah loves his wife
and he would never
do anything to hurt her.
Mr. Markes.
You may call your first witness.
In my 37 years on the bench,
I have witnessed some
tremendous opening statements.
That was not one of them.
Thank you.
Hi, Tanya.
Oh, no. You're not Tanya.
Oh, she quit.
That's too bad.
I'm Sadie.
I'm Tanya.
Oh.
I know.
What are the odds?
Tanya quit?
Already?
No, the old Tanya.
Yeah, she's training
for the New York Marathon.
So she quit her job?
No, I meant the new
Tanya's training
for the New York Marathon.
I'm pretty sure the old
Tanya isn't training
for the New York anything.
This conversation's
hurting my head.
You got a delivery.
Please tell me it's a pizza.
It's not a pizza.
D.A. sent over the discovery
for the Brennan case.
I can see that.
We need to go through this stuff
with a fine-tooth comb.
I'm buried under Judge Porter's
case right now,
but I'll have Lucy block out
a few nights later this week?
Don't worry about it.
I got it.
No, you shouldn't
have to do this alone.
Oh, so, now we're a team again?
Albert, are you still mad
about my decision
to volunteer Billy's DNA?
It could bite us in the ass.
It won't.
You keep saying that and
I keep not feeling any better,
so you're gonna have
to find some new words.
How did
the opening statements go?
Good.
That's not what I heard.
Jonah said you blew it.
I did not blow it.
He wants me to take over.
You want the case?
Go for it.
I told him to stop hovering
and let you try your case.
Good. Well, you do have a
strong case, don't you?
Well, now you're hovering.
Well, he's a friend.
Nonconsensual sexual activity
is a hot button issue,
and Markes would love
to make his name
as the guy who keeps
the world safe
from sexual predators,
especially when
the alleged sexual predator
is a judge who's
kind of a known ass.
So... the Brennan case.
You're sure you can handle that?
Yes.
Since you were five,
I could tell
when you were lying.
You wouldn't look me in the eye.
I can keep it professional.
Good.
♪
I have a something for you to do.
A real thing or a fake thing?
When have I ever
given you something...
Last week, when you
told me a "client"
wanted a pulled pork sandwich
from Long Island City,
and then I saw a barbeque
stain on your shirt.
I'm a lawyer.
I am trained
to seek out the truth.
I need your help
on the Brennan case.
Does Billy Brennan
want a pulled pork sandwich
from Long Island City?
You really need to let that go.
The prosecution's case
is purely circumstantial,
unless they're hiding
a smoking gun in these boxes.
Go through everything and make
sure there are no surprises.
And it wasn't just any
pulled pork sandwich.
It was from Porto's,
and everyone knows
that Porto's has the
best pulled pork sandwich
in the city.
Seriously?
Seriously.
They have this sauce...
No, no, no, seriously,
you want me to figure out
the prosecution's case?
You're a lawyer,
trained to seek the truth.
Go for it.
Yes.
Hi, Talia.
It's Sadie.
Ah.
And you remember Dr. Conrad.
We were hoping
to sit with Gina.
How's she doing today?
Not well.
It's not a good day.
The last thing my mother needs
is any more poking or prodding.
It's really just
to ask questions.
I'm sorry, it's a no.
Carly, I realize
all this testing
isn't fun for your mom,
but the courts say
I'm allowed to be here,
so if you could...
But she isn't up to it.
You'll have to come back!
What's wrong?
What's happening?
Mom, the doctor just wants
to do some more tests.
Mom, you want to
do more tests?
Go away.
Everybody get out!
This is my house!
All right, Miss-Miss P.
Listen to me,
listen to me.
Look, ah, ah, come here.
We are gonna sit you down
and put on the Joplin music,
just like you like.
Yeah, you like that.
She loves Scott Joplin.
Sit down.
Look, I get you
have a job to do.
Just don't do it today, okay?
Of course.
Hey, big Al Markes.
Quick heads up.
My expert has tried
three times to examine
Gina Porter,
and three times we've been
Heismaned by her daughter.
"Heismaned?"
Yeah.
Stiff-armed.
Heismaned, you know...
Yeah, like
the trophy, I know.
I just... I didn't
know you knew.
Oh, I'm full of surprises.
Anyway, either grant us access
or I'm gonna ask the judge
to instruct the jury
to assume that you don't want
Gina Porter examined by our doc,
'cause you know
it's gonna blow up
your already weak-ass
witch hunt.
You're scaring the life
out of me.
Yeah, well, somebody's
scaring the life out of you.
You look like crap.
You're all pale and drawn.
You're kidding, right? I'd be
happy to make this case go away
if it'll get those big old bags
out from under your eyes.
Heavens.
You want to make
this case go away?
all you have to do
is get your client
to stay away from his wife.
And for the record, yes,
I do have dark circles
under my eyes.
You do.
But that's probably got less
to do with this case
than the fact that I have Lupus.
Yeah, right.
I'm so, so sorry.
I didn't know.
Yeah, I'm full of surprises.
Right.
I'll talk to the family.
Okay, thanks so much, Alan.
Mm-hmm.
Again, I'm really sorry
about your Lupus.
That's the last time
I'm gonna see you
smile again
in this courtroom.
He's my cousin.
In here,
he's the guy
who shot the gun,
and that's his accomplice.
They're gangbangers,
you're not.
The jury sees you joking
and smiling with them,
they'll lump you
all together.
The judge just asked my advice
on a pair of shoes.
I said I didn't like them.
Now he's mad at me.
I'm sorry I'm late,
Your Honor.
No worries.
Mr. Cobb filled in the time
by insulting my taste.
Shall we?
I'd like a continuance.
Counsel, approach.
My eyewitness has disappeared.
I need time to look into it.
She's the only witness to the crime.
There is no case without her.
And if the people's case is no longer
viable... Whoa, whoa, slow down.
The people believe we can
make this case without her.
But I need more time.
Let me ask you a question.
You think I could
pull these off?
Definitely, sir.
Continuance granted.
Court stands adjourned
until this time tomorrow.
And I a second year
and they want me to help
with the firm's
biggest case? Yes.
Is that a giant
responsibility? Yes.
Can I handle it?
Yes.
Did Sadie request me
specifically?
Oh, you're asking me.
No, I don't think so.
Oh.
But still...
Don't open that ice cream sandwich!
Why not?
Put it back exactly
where you found it.
Those are Sadie's.
Her emergency stash.
My bad. Didn't know.
Well, now you do.
Any advice?
I kind of feel like
I'm in everybody's way.
Be patient.
Oh, sorry. Yeah.
I heard you're organizing
the Brennan discovery.
How'd you hear that?
Well, it's a big deal.
People talk.
Oh.
Need any help?
No.
Come on.
No one's given me
anything to do.
Well, nobody helped me
when I first started here,
but I'm in a generous mood.
Okay, pick a box,
ask me questions,
and then we'll figure out
how to organize it.
Why don't we just make piles
based on date,
relevance and evidentiary value?
Have you done this before?
From prison, yeah.
I filed appeals.
Mine, some other guys'.
Oh. Did you win?
I was 4-1.
Seven are still pending.
Oh.
So the D.A. made an offer.
Deferred prosecution,
but you would have
to stay away from Gina.
You're suggesting what?
That I agree to never
see my wife again?
I'm simply relaying the offer.
Well, don't waste your breath.
You're the one who
always pushed plea deals.
You used to say that
if you were trying a case,
you'd already lost it.
I never said that.
You alwa said that.
Now, let's get back
to the offer...
Jonah, how are things?
Isaiah, please tell me
you are here to stage a coup.
Your little pep squad is trying
to get me to take a deal.
Yes, what are you
doing here?
Someone from the pep squad
would like to know.
I am just here
for moral support.
Mine or hers?
Listen to me.
It would preserve
your reputation
and keep you out of prison.
You want me to abandon my wife
to spare myself embarrassment?
Pass!
As your attorney,
I would be remiss
if I didn't urge you--
Yeah, blah blah blah. Pass!
Okay, I will let
the District Attorney know
that we respectfully decline
his very generous offer.
She looks like her mother.
She's tough
like her mother, too.
So how's Carolyn?
Oh, you know.
She's up for parole again soon,
so she's trying to be positive.
Jonah, you don't want
to go to prison.
Oh, so now you would like me
to take the plea deal, too?
You wouldn't walk away
from the woman you love.
Why should I?
My witness is gone.
No witness, no case.
You dropping the charges?
An innocent man was killed
in a barrage
of gang gunfire
while he was out
walking his kid to school.
Somebody's going
to jail for that.
I have a new
witness in mind.
Your client.
You want Darryl to testify?
He'd never
snitch on his cousin.
And why should he?
Without a witness...
Even without a witness
to the shooting,
Darryl Smallins was in the car
that was seen speeding away
from the scene of the crime.
That car was pulled
over by the police
and found to have a gun in it.
A gun whose bullets
matched the bullet
found in the body
of the deceased.
Darryl didn't shoot the gun,
had no knowledge of the gun
when he got into the car,
and has had no priors
for the past two years.
Which is why I'm coming
to him first.
But if he passes
on this opportunity,
I'll go to the other two,
and I'm sure one of them
will happily testify
that Darryl was responsible.
You know Roth and Associates has
a strict "no snitch" policy.
You think your client
wants to pay the tab
for Isaiah's ideology
by spending
25 years of his life in prison?
You have 24 hours.
I opened the door,
fully expecting
to see my mother
on the window seat.
Instead,
she, uh...
She's in bed with Jonah,
naked, and they--
going at it.
Engaged in sexual intercourse?
Yes.
But Mom seemed
disoriented and upset,
like she didn't like it.
Objection!
Sustained.
I know it's hard
to see your mom that way.
What did you do then?
I was shocked.
He had promised the doctors that
he wouldn't do that anymore,
so it was very...
I was calling for the nurses,
Jonah was yelling at me,
Mom was screaming--
it was just all
very chaotic.
Your witness.
Is it possible that your mother
was disoriented and upset
because you surprised her,
and started screaming for help?
I know my mother.
I know what was upsetting her.
You visit your mom
pretty often, don't you?
Every week.
Haven't missed one.
I love my mother
with all my heart.
Would it surprise you to learn
that Judge Porter
visited her daily?
No. I know he visited
more than me or my brother.
We have jobs.
I get it, I do.
It makes sense.
Would you say it also
makes sense
that Jonah visited her daily
because he loves her
with all of his heart?
It's not his heart
I'm concerned about him
loving her with.
Just one more thing.
Has your mother mentioned Jonah
in the last four months?
Yes.
Has she said she misses him?
She says a lot of things.
She says that she just
talked to my father,
and he died 20 years ago.
Carly...
has your mother said
she misses Jonah?
Yes.
That's all.
Dr. Merritt, did you have
an opportunity to assess
Gina Porter?
I did.
And how severe is
Mrs. Porter's condition?
It's my determination
that the brain degeneration
in Mrs. Porter is
significant enough
to seriously limit capacity.
Dr. Merritt, in your
expert medical opinion,
based on, literally,
decades
of education, training
and experience,
do you believe that Gina Porter
has the capacity
to consent to sex?
No.
Objection-- speculation!
And it's none of
your damn business!
Jonah...
Judge Porter, may I remind you
you are the defendant.
You don't get to object.
Well, somebody had to.
Counselor,
talk to your client.
Happy to.
You are not in charge here.
I know what you want.
You want me to be
quiet and obedient.
A docile old man.
You'd really like that,
wouldn't you?
I know Carly
certainly would.
Well, I am not that man,
and I'm not even
gonna pretend to be.
I just want the jury to see
the man that Gina
fell in love with
over the crossword puzzle.
I will deny this
if it is ever made public,
but I actually like you, Jonah,
and I just want you to be able
to see your wife again.
Now you're getting sappy.
Let's go before
you start crying.
♪ If you're gonna fool me...
Delgado lost a witness,
and wants Darryl to snitch.
I hope you told her no.
Darryl's facing
felony murder,
25 to life.
Why would we tell her no?
Representing snitches makes us
a tool of law enforcement.
Cops over-arrest
and overcharge,
turning brother
against brother.
It decimates communities.
If we participate
in it, we condone it.
I understand the principle,
but this is a person.
It's never really in the
best interests of the client.
If you only look at
the client's legal problem,
it's an attractive
short-term solution, but...
Nick, you grew up in the
Farragut Houses in Brooklyn.
Tell Tiffany
what happens to Darryl
when he goes back home
after being a snitch
for the government.
Somebody shoots him.
He's dead in a week.
♪ When you're in the dark...
Amazing!
We all know
Hamilton gets shot.
We learned it
in the eighth grade,
and then again
in the 11th,
and still that's a shock.
Imagine defending
Aaron Burr.
What is that,
a crime of passion?
Not guilty by reason
of a duel?
Please don't tell me
I wasted a ticket on sad Cam.
What are we gonna do
about Darryl?
We're gonna put on
a good case.
We have forensic evidence
that says the gunshots
came from the front seat
of the car.
Darryl was sitting
in the back.
I keep wishing he'd left
class five minutes later.
He wouldn't have been in that car.
But he was.
I hate reality.
You think he should
take the deal.
I think he's 21, and
he's sitting in his cell
feeling like his entire
life is probably over.
When I was 21,
I thought the same thing.
I felt like everything
was hopeless, like
I'd never have the things
in life that I wanted.
But I was wrong,
because I got to turn
22 and 23 and 24.
25, that was rough.
But God bless year 26.
What happened at 26?
Everything.
I started working
for Isaiah, I transitioned.
I inherited my grandma's
rent-controlled one-bedroom.
Life got really good.
I just want Darryl
to get his 26.
So what now?
Now...
we drink.
♪ Come on...
We're almost done here.
Why don't you go home,
I'll finish up.
Oh. Yeah, sure.
I'll just go home,
get some sleep, and then
come back tomorrow morning
and you'll have taken all
the credit for my assignment.
I'm not trying to...
No. That's the thing. I mean,
you don't even have to.
You don't even have to try.
Because you're Isaiah's guy.
Because you grew
up in the projects
and you turned your
life around and you got
your law degree in prison.
You want to know where
I got my law degree?
University of Iowa.
I mean, h-how do I
compete with that?
There-there is
nothing, nothing
interesting about me.
That's not...
I had a stupidly
happy childhood.
Like, a white picket fence,
like, climbing trees
in the family apple orchard,
going to church every Sunday,
we actually had a
white picket fence.
I have never broken the
law. I don't even jaywalk.
There could be no car in
sight and I will still
walk on the crosswalk.
Oh, my God. I am so...
just freaking normal.
Don't worry.
I'm pretty sure you're insane,
which is the opposite of normal.
♪
So, I finally got in to sit
with Gina Porter.
Sadie, she wasn't able
to demonstrate competency.
Come on, Gary.
There's always wiggle room.
If she couldn't pass the IQCODE,
then give her the Mini-Cog.
I-I did.
She got a 4.
S-She needs a 3 or under
to be considered capable.
She would've gotten
a 3 two weeks ago,
when you were originally
supposed to test her.
That may be, but...
So you're saying
you won't testify.
I'm saying you wouldn't
want me to.
Next time.
Yeah. Thanks.
Excuse me, could I...?
Thank you.
I'll get that.
And can I have a club soda,
please? Thanks.
Surgery tomorrow. Can't drink.
What are you doing here?
Lucy told me where you were.
I said it was an emergency.
What happened? Well, I just
got out of a ten-hour surgery
on a two-and-a-half-
year old little boy.
Did he make it?
Yeah. He did great.
He's gonna be fine.
Billy. That is not an emergency.
You can't, we can't...
I know. Normally,
on a night like this,
we'd all go out. The surgical
team. We'd celebrate.
Decompress. But now that I'm
the guy on trial for murder,
nobody wants to go out
with that guy.
No. I know. I know
we should keep things
professional,
but it's not.
Sadie, it's personal.
It's all personal. It's...
It's what I do.
It's who I am.
It's life and death,
and today, it was life,
and it feels...
I feel amazing.
I feel like myself again.
And I wanted to see you.
I wanted to tell you that today,
I saved a life.
I can't...
I can't be the person you tell.
I'm trying to
save your life,
and I can't if you...
Sadie...
I really, really
want to save your life.
You got to let me.
Oh, man.
I think I'm a little hung over.
Why were we drinking?
We got through
all of the boxes.
There's no smoking gun.
No smoking gun!
We got to tell them.
No. W-Wait, we can't.
We smell like scotch
and MSG. We got to change.
Yeah.
Uh, it's almost 7:00.
I have to get to my sister's
place in Weehawken,
and the next train
leaves at... I...
You're never gonna
make it back in time.
Weehawken?
I'm not a snitch.
We got to win this case.
You always win for me.
This isn't a misdemeanor.
You're facing real jail time.
25 to life.
We could go to trial,
but it's not gonna be easy.
If I do this,
I can never go back.
That's my neighborhood.
Those are my people.
You're 21 years old, Darryl.
You have your whole life
ahead of you.
I got to decide now?
Yeah.
If you were me,
what would you do?
Hey.
Hi.
Guess what I found out.
Markes has Lupus.
I know.
He has a foundation.
Oh.
Good morning, New Tanya.
Uh-huh.
I got some messages for you.
Thank you.
I called the other
three experts on the list
you sent me last night.
One of them is on vacation,
one of them agrees
that Gina Porter can't consent
and one of them
I just left word for.
Keep calling. Go to his
office if you have to.
We need an expert.
And call the lab
about Billy's DNA,
we need that back.
I need a signature.
Where are all my pens?
Why is there an ice cream
sandwich in my desk drawer?
I knew you'd be stressed out
this morning, and ice cream
always makes
you happy.
And I hid it in the drawer
because surprises are fun.
Mm. It's really good.
See? I knew you'd like it.
I'm a Sadie expert.
Lucy...
Sorry. I know, I'm annoying.
No. You're a genius.
Talia. You've known Gina Porter
for a while.
Does she like music?
No. No, she loves it.
Particularly Scott Joplin.
If I went to her and asked her
what kind of music she liked,
would she say Scott Joplin?
Probably not. She
doesn't do too well
with questions and answers,
and stuff like that.
So how do you know
she prefers it to other music?
Well, you...
you can just see it.
Like, she gets happy.
What else makes her happy?
Her kids.
But she's happiest
when Judge P. is there.
It's like a light
goes on inside her.
You know, like,
she's more there.
Were you aware that she
and Jonah were being intimate?
Yeah.
Did you have a problem with it?
Why would I have
a problem with that?
I mean, they're married.
Do you believe
that Gina,
if she hadn't welcomed
these intimate visits,
would have let someone know?
She would've
let everybody know.
She would have, you know....
She would've gotten upset,
maybe started yelling.
Nothing further.
Ms. Mendez,
where did you get
your medical degree?
I don't have a medical degree.
Uh, what about your Masters?
I don't have a Masters.
And before you can ask,
I didn't go to college, either.
How about a high school diploma?
You got one of those?
I got my G.E.D.
So, you have no real basis
to evaluate
Gina's capacity to consent.
I believe I do.
Uh-huh. Nothing further.
Redirect.
Talia,
does Gina like carrots?
Uh, yeah.
How do you know?
You didn't study carrots
in med school, did you?
No. She eats them
right off the tray,
and then she asks for more.
What about peas? No, no, no. She
hates them. She pushes them away.
So, she is able
to clearly determine
and communicate yes and no.
Absolutely. Yeah.
That's all.
Billy, take a seat.
Hey. I've got to be in the
O.R. in 30. What's up?
I'm rescheduling
Renee Lopez's surgery
and asking Healy to take over.
Can I ask why?
It'll be for the best.
He'll do fine.
I've done this surgery
hundreds of times.
He's done it, what, six?
All due respect, I
taught him the technique.
With your trial coming up,
you know, you've got a lot
on your mind, so take
as much time as you need...
I don't need time,
Ben. I need to work.
Her parents are not
comfortable with you
operating on her, Billy.
Since when do we listen
to parents when it comes
to surgical decisions?
Their exact words were,
"We don't want him
touching our little girl."
So, perhaps a leave of absence
would be best.
Are you asking me to step down,
or are you telling me to?
Sorry.
Great. Cool.
Appreciate it.
Did you just...?
Yeah. Albert was asking,
so I went ahead and...
Without me?
I wanted to give him the
information. I wasn't gonna wait
to tell him till
you got back from Bayonne.
Weehawken. Wait. How did you
get home and back so fast?
Mm. I keep a change
of clothes in my office.
Not so squeaky clean after all.
Right?
The truth is you haven't
gotten along with either
of your stepkids since
their mother was admitted
to the facility, correct?
You could say that.
Why do you suppose that is?
Presumably,
it has something to do
with their mother and me
having sex.
You're not an easy man
to get along with, are you?
You tell me.
Well, I'll tell them. He's not.
Your stepkids, the facility,
your counsel.
Who do you listen to?
Objection,
Sustained.
You heard Carly's testimony.
It was determined
that your wife no longer
has the capacity to consent,
and you agreed to follow
doctor's orders, didn't you?
I never signed anything.
But you agreed, though.
Yes, but...
So why on Earth
would you continue to have...
Because I love her!
And more to
the point,
she loves me.
It's good for her.
She's happy.
In those moments--
and they're, they're so few--
we... connect.
I'm losing her.
I know that.
I'm just trying to hold
onto her as long as I can.
I'm trying to hold on to us
as long as I can.
Kids, I am sorry.
I-I just can't even imagine
how hard this is for you.
Wha... O-Objection!
Judge Porter...
I-I would never do anything
- in the world to hurt her.
- Your Honor.
And I'm sorry
that I'm hurting you,
but you just have
to believe me.
Your mom knows me.
- She knows me.
- Your Honor. Seriously.
You're going to have to stop.
Oh, God. Sit down, Mr. Markes.
I know! I know!
I'm gonna
have to admonish myself.
God. This is difficult for me.
I just miss my wife
so very much.
But you need to disregard
my remarks.
A-And strike them
from the record.
Nothing further.
Mr. Markes?
No questions at this time.
I see what you were doing there.
Nice job.
What's going on?
Darryl's taking the deal.
I already spoken to the D.A.
They're relocating him
and Alicia to Arizona.
Who'd you get
to represent him?
Me.
I wasn't going to be the
latest in a long line of people
who've abandoned that kid.
Isaiah could
fire you for this.
I know.
Okay then.
I'm going
into court with you.
I'm not gonna let you
hang out to dry.
That is literally
the nicest thing
anybody's ever done for me.
But this is my choice.
I have to do this on my own.
So I'm coming home from school,
walking up Fort Washington,
when my cousin, Raffie
and one of his friends, Kyle,
roll by and offer me a ride.
I get in and
we're just talking,
and suddenly Kyle sees
this kid DJ walking by.
And he tells Raffie
to slow down.
And then he and DJ
have some words, and...
And then?
I don't remember.
Darryl, look at me.
Tell me.
Raffie pulled out a gun
and he shoots at DJ.
Your cousin
pulls out a gun?
Yeah.
But he misses DJ
and it hit the dude...
Mannie Fuentes?
Yeah.
I saw him go down.
And then what happened?
We drive away and,
like, two minutes later,
the police arrest us.
Is there anything else
you'd like to add?
Right before it happened,
I was talking to my cousin
about going to school.
I was saying,
"Raffie, you a good cook."
And he's like,
"Yeah, that sounds cool."
And then he pulls out a gun
and shoots someone.
He didn't have to do that.
You know what I'm saying?
I know what you're saying.
Boy, I used to love it
when the jury was out.
Just go to my chambers
and take a nap.
Perplex.
Worry.
Six letters.
Hmm.
I, um...
I just want to say
I'm sorry about all this.
I wish...
I wish...
I know.
Baffle.
Oh, six letters
meaning "perplex."
Oh.
Cam?
Do you mind if I
read from my notes?
I-- you make me nervous.
Why would I make you nervous?
"I used to believe
"that all people
were created equal.
"And then I met you.
"You're a lot
to live up to.
"Your world is
black and white,
"you know
what you believe
"and you stick to it.
It's easy for you..."
Cam, look at me.
Just talk to me.
When I was little,
I turned on the TV
and saw you defending
the Black Panthers.
My dad said,
"That's Isaiah Roth."
With awe.
Like there
stands a great man.
And I wanted to be you.
But not anymore.
I-I want to be great.
I want to stand
for something, but...
but I want to be me.
I need to be me.
And I see gray, Isaiah.
I-I see exceptions
to the rule.
And I made an exception
with Darryl.
I understand if
you need to fire me.
Fine.
Go.
"Go."
Which "Go"?
Go away, go home?
I'm not firing you.
I'll make an exception, too.
Thank you.
You're wrong,
by the way.
It isn't easy.
I am a great lawyer.
I just won.
Judge Porter gets to see
his wife because of me.
I got a home health aide
qualified as an expert,
and I made Judge Porter seem
like a human being to a jury.
That's how great
of a lawyer I am!
And great lawyers take risks.
Like I did with the DNA.
And you know what?
It's that risk that is
gonna win us this case,
so I you need to stop
being so angry with me
just because you disagreed with
my decision to test Billy's DNA.
Hold on, you think
that's why I'm mad?
Yeah.
Because I disagreed?
I'm mad because
you didn't include me.
You went ahead and
made your own decision
without even consulting me.
Well, so did Cam with Darryl.
I don't see you
pouting about that.
She consulted me too much.
It was all she could talk about.
She wouldn't even let me
enjoy Hamilton.
You took her to Hamilton?
You remember my 21st birthday,
first year of law school?
We were hammered and
got lost walking home.
Your speech was slurry
and I couldn't see straight.
So, every two blocks,
I would ask for directions,
and you steered us all
the way back to campus.
Took us three hours.
Your point?
We make a really good team...
but we can't keep secrets,
no unilateral decisions.
If we're gonna win,
we have to work together.
I slept with
Amy's best friend.
I slept with Amy's best friend
when she was away at summer
camp, and she found out,
and that's why
she broke up with me.
I treated her like crap.
I didn't care about her feelings
or anyone's for that matter.
I was a spoiled, selfish,
entitled, little bastard,
and I know I should have said
something before, but I was...
ashamed. I'm not that proud
of who I was back then.
I didn't want you to know.
Also, I...
I...
...I have done a lot of work
to become a different person,
a better person.
I mean, I'm the guy
that can save a kid's life...
but I lost my job today,
so now I'm just a guy...
who needs his life saved.
So, I am gonna trust you
and give you whatever it takes
so you can do your job.
Do you ever regret
not taking the deal?
Don't... don't ask me that,
Isaiah.
That's... What...?
Do I ever regret it? No.
You'd be out by now.
Yeah. I would.
And we'd be living
an ordinary life.
You know what?
Let-Let's talk next week,
I'm tired.
I-I upset you.
I'm sorry.
You can't come in here
and lob your "what-ifs,"
because you get to leave
and I...
♪ With a wounded wing...
I regret a man died
because of my actions.
I regret that I never got
to see Sadie grow up.
That I had to watch you,
my attorney, raise her,
bring her to me every Saturday,
and then take her home to a life
of dinners and homework
and reading books in bed.
Sometimes I regret
falling in love with you,
because I see how painful
it is for you to come here.
You think I don't have regrets?
I'm full of them.
But they wanted me
to name names.
Names of good people.
People who were doing
righteous work on behalf
of the poor and the broken
and the disenfranchised,
and-and I-I wouldn't do it,
I couldn't do it.
And if I had taken the plea,
if you had, you...
if you had pushed me to take
the plea, we wouldn't be us.
For better or for worse,
Isaiah...
♪ Say what you want.
...we're not ordinary.
You're still here?
I was packing up discovery,
and I-I found something
to run past you.
This is from before Billy
and Amy left the party,
and this one from after he
came back from Gramercy Park.
What am I looking at here?
The jersey.
In the first one,
it's a crew neck.
And in the second one...
♪ With a wounded wing...
He changed his shirt.
Why would he do that?
♪ There is more down there
than you know. ♪
Captioning sponsored by
CBS
24 years ago,
16-year-old Amy Meyers
was murdered in Gramercy Park.
The defendant was the
last person seen with her.
You know, you never asked me
if I did it.
I'm your lawyer. I'd defend you
whether or not...
You're not just my lawyer.
Do I need to take you off
Billy Brennan's case?
Don't make the
same mistake I did.
Can we leave her out of this?
You went to jail when I was two
and robbed me of a mother.
Calvin, what's going on?
We found the murder weapon.
It has her blood on it.
And they just discovered it
has somebody else's blood
on it, too.
I'd like to submit my blood.
I'm gonna prove to everyone
that I am innocent.
I want there
to be no doubt.
♪ Mama, take this badge
off of me ♪
Amy was mad
that I was always busy
working on my dad's campaign.
And so she broke up
with me that night.
But this was '91.
Your dad was elected
the previous year,
so you weren't working
on the campaign.
Well, I was also
really busy with sports.
So, you were lying when you said
Amy broke up with you
because you were busy
with your dad's campaign.
No, I wasn't lying. I had been
working on the campaign.
The year before. Yes, and then
I got really busy with sports.
Which is it?
Sports or the campaign?
Well, if you give me
a chance to explain...
I keep giving you chances and
you keep lying. I'm not lying.
It's complicated.
Two minutes.
That's all it took
for him to rattle you.
He's gonna need a Q-tip.
He's gonna need
a lot more than that.
We'll give you a Q-tip.
You can keep it in your pocket
while the D.A. questions you.
It's an acronym for Quit
Taking it Personally.
I don't need a Q-tip, guys.
I'm telling you,
when the DNA results...
I don't even want
to talk about the DNA.
For the record,
I was against that move.
And this isn't TV,
the DNA's not coming
back overnight.
Well, don't talk to me
like I'm an idiot.
I'm being a pussycat compared
to how the D.A.'s gonna be.
Trials are war and
you need to toughen up.
Your testimony seems
smug and evasive,
and if I were
in the jury box
I'd be jumping up and down
to convict you.
So, let me
ask you this again,
why did Amy Meyers
break up with you?
Isaiah is waiting for us.
All right, we're still
a month away from trial.
We'll get another prep session
on the books for next week.
You might want to get
your story straight by then.
I wasn't sure
you'd be here today.
You shouldn't have kissed me.
I know.
It can't happen again.
I know. I don't want
to put you in a position
that would threaten your career.
I'm not worried about me.
I'm worried about you.
Keeping you out of prison.
I have my first surgery tomorrow
since being released.
A two-year-old boy with
a heart malformation.
I was going through
the steps of the surgery
in my head last night,
and I realized
for the first time
in a long while,
I wasn't lying in bed
worried about my case.
Well... hopefully
the future is full of nights
worrying about sick kids.
No, that's... I don't mean that.
I don't want there to be sick
kids. You know what I mean.
I do.
I got to get to court.
Okay.
Well, thanks for...
worrying about me.
I'm your lawyer, it's my job
to worry about my clients.
Yeah.
I have an extra ticket
to Hamilto tomorrow night.
You free?
I feel like the
speaker of the House,
third in the line
of succession.
You break up with Gemma,
you and Sadie aren't talking,
so I get to go to Hamilton.
My pain is your gain.
Exactly.
Isaiah said ten, right?
Morning meeting starts at ten?
Yup, usually.
Why? You got somewhere
you need to be?
Uh, no, I'm good right here.
Tiffany, Nick.
No onion bagels?
I'm sorry, sir.
Do you want the other half?
This will never happen again.
We can't stay.
Darryl Smallins trial.
Remind me.
19-year-old kid got a ride with
his cousin and cousin's friend.
The cousin ended up
in a gang dispute
and shot an innocent bystander.
And your client?
Was just in the wrong place
at the wrong time.
He's in culinary school,
trying to make something
out of his life.
No more bagels? The new
guy ate the last one.
Has everyone met Nick?
I haven't. Hi.
I'm Sadie and I'm leaving.
I have to be in court.
Your buddy Judge Porter's
trial starts today.
Jonah.
How is he?
Well, he's a know-it-all
blowhard,
and if I survive this case
it'll be a miracle.
And how's the Brennan case?
Good.
A disaster.
His testimony needs some work.
He'll be fine.
I'm glad everyone's
on the same page.
Okay. Go, do, conquer.
Um...
Uh... what exactly
should I go conquer?
Jonah Porter
is a retired judge.
A lot of people in this room,
they have Judge Porter stories:
charming, funny,
sometimes a little gruff.
The story I'm gonna
tell you today, though,
is not funny or charming.
It's the story of a man who
wouldn't take no for an answer
from a woman
who couldn't say yes.
Gina Porter suffers
from Alzheimer's,
a disease that has left her
unable to recognize her husband.
He is a stranger to her.
And yet, Judge Porter
still regularly engaged
in sexual intercourse
with Gina Porter,
whose disease has robbed her
of the ability
to knowingly consent
to this unwanted contact.
Over the course of this trial,
we will prove
that Jonah Porter
raped his wife...
repeatedly.
Jonah met Gina in 1999
when he sat next to her
on an uptown bus.
At one point, she leaned over
and gave him the answer
to a crossword puzzle clue.
They got off at the same stop
and he suggested they finish
the puzzle over dinner.
The way Jonah tells it,
they were in love by the time
they finished the crossword
and had decided to get married
before dessert.
It was a 15-year love affair
that ended four months ago
when Gina's children brought
these absurd charges.
By pressing criminal charges,
they are using the power
of the government
to resolve a family dispute,
to hurt
the stepfather
they never really liked.
But even worse,
is that the person
they're really hurting here
is their mother, Gina.
When Jonah was arrested
he was barred from seeing her.
Over the coming days,
we will prove that Gina Porter
was able to consent to sexual
activity with her husband.
Jonah loves his wife
and he would never
do anything to hurt her.
Mr. Markes.
You may call your first witness.
In my 37 years on the bench,
I have witnessed some
tremendous opening statements.
That was not one of them.
Thank you.
Hi, Tanya.
Oh, no. You're not Tanya.
Oh, she quit.
That's too bad.
I'm Sadie.
I'm Tanya.
Oh.
I know.
What are the odds?
Tanya quit?
Already?
No, the old Tanya.
Yeah, she's training
for the New York Marathon.
So she quit her job?
No, I meant the new
Tanya's training
for the New York Marathon.
I'm pretty sure the old
Tanya isn't training
for the New York anything.
This conversation's
hurting my head.
You got a delivery.
Please tell me it's a pizza.
It's not a pizza.
D.A. sent over the discovery
for the Brennan case.
I can see that.
We need to go through this stuff
with a fine-tooth comb.
I'm buried under Judge Porter's
case right now,
but I'll have Lucy block out
a few nights later this week?
Don't worry about it.
I got it.
No, you shouldn't
have to do this alone.
Oh, so, now we're a team again?
Albert, are you still mad
about my decision
to volunteer Billy's DNA?
It could bite us in the ass.
It won't.
You keep saying that and
I keep not feeling any better,
so you're gonna have
to find some new words.
How did
the opening statements go?
Good.
That's not what I heard.
Jonah said you blew it.
I did not blow it.
He wants me to take over.
You want the case?
Go for it.
I told him to stop hovering
and let you try your case.
Good. Well, you do have a
strong case, don't you?
Well, now you're hovering.
Well, he's a friend.
Nonconsensual sexual activity
is a hot button issue,
and Markes would love
to make his name
as the guy who keeps
the world safe
from sexual predators,
especially when
the alleged sexual predator
is a judge who's
kind of a known ass.
So... the Brennan case.
You're sure you can handle that?
Yes.
Since you were five,
I could tell
when you were lying.
You wouldn't look me in the eye.
I can keep it professional.
Good.
♪
I have a something for you to do.
A real thing or a fake thing?
When have I ever
given you something...
Last week, when you
told me a "client"
wanted a pulled pork sandwich
from Long Island City,
and then I saw a barbeque
stain on your shirt.
I'm a lawyer.
I am trained
to seek out the truth.
I need your help
on the Brennan case.
Does Billy Brennan
want a pulled pork sandwich
from Long Island City?
You really need to let that go.
The prosecution's case
is purely circumstantial,
unless they're hiding
a smoking gun in these boxes.
Go through everything and make
sure there are no surprises.
And it wasn't just any
pulled pork sandwich.
It was from Porto's,
and everyone knows
that Porto's has the
best pulled pork sandwich
in the city.
Seriously?
Seriously.
They have this sauce...
No, no, no, seriously,
you want me to figure out
the prosecution's case?
You're a lawyer,
trained to seek the truth.
Go for it.
Yes.
Hi, Talia.
It's Sadie.
Ah.
And you remember Dr. Conrad.
We were hoping
to sit with Gina.
How's she doing today?
Not well.
It's not a good day.
The last thing my mother needs
is any more poking or prodding.
It's really just
to ask questions.
I'm sorry, it's a no.
Carly, I realize
all this testing
isn't fun for your mom,
but the courts say
I'm allowed to be here,
so if you could...
But she isn't up to it.
You'll have to come back!
What's wrong?
What's happening?
Mom, the doctor just wants
to do some more tests.
Mom, you want to
do more tests?
Go away.
Everybody get out!
This is my house!
All right, Miss-Miss P.
Listen to me,
listen to me.
Look, ah, ah, come here.
We are gonna sit you down
and put on the Joplin music,
just like you like.
Yeah, you like that.
She loves Scott Joplin.
Sit down.
Look, I get you
have a job to do.
Just don't do it today, okay?
Of course.
Hey, big Al Markes.
Quick heads up.
My expert has tried
three times to examine
Gina Porter,
and three times we've been
Heismaned by her daughter.
"Heismaned?"
Yeah.
Stiff-armed.
Heismaned, you know...
Yeah, like
the trophy, I know.
I just... I didn't
know you knew.
Oh, I'm full of surprises.
Anyway, either grant us access
or I'm gonna ask the judge
to instruct the jury
to assume that you don't want
Gina Porter examined by our doc,
'cause you know
it's gonna blow up
your already weak-ass
witch hunt.
You're scaring the life
out of me.
Yeah, well, somebody's
scaring the life out of you.
You look like crap.
You're all pale and drawn.
You're kidding, right? I'd be
happy to make this case go away
if it'll get those big old bags
out from under your eyes.
Heavens.
You want to make
this case go away?
all you have to do
is get your client
to stay away from his wife.
And for the record, yes,
I do have dark circles
under my eyes.
You do.
But that's probably got less
to do with this case
than the fact that I have Lupus.
Yeah, right.
I'm so, so sorry.
I didn't know.
Yeah, I'm full of surprises.
Right.
I'll talk to the family.
Okay, thanks so much, Alan.
Mm-hmm.
Again, I'm really sorry
about your Lupus.
That's the last time
I'm gonna see you
smile again
in this courtroom.
He's my cousin.
In here,
he's the guy
who shot the gun,
and that's his accomplice.
They're gangbangers,
you're not.
The jury sees you joking
and smiling with them,
they'll lump you
all together.
The judge just asked my advice
on a pair of shoes.
I said I didn't like them.
Now he's mad at me.
I'm sorry I'm late,
Your Honor.
No worries.
Mr. Cobb filled in the time
by insulting my taste.
Shall we?
I'd like a continuance.
Counsel, approach.
My eyewitness has disappeared.
I need time to look into it.
She's the only witness to the crime.
There is no case without her.
And if the people's case is no longer
viable... Whoa, whoa, slow down.
The people believe we can
make this case without her.
But I need more time.
Let me ask you a question.
You think I could
pull these off?
Definitely, sir.
Continuance granted.
Court stands adjourned
until this time tomorrow.
And I a second year
and they want me to help
with the firm's
biggest case? Yes.
Is that a giant
responsibility? Yes.
Can I handle it?
Yes.
Did Sadie request me
specifically?
Oh, you're asking me.
No, I don't think so.
Oh.
But still...
Don't open that ice cream sandwich!
Why not?
Put it back exactly
where you found it.
Those are Sadie's.
Her emergency stash.
My bad. Didn't know.
Well, now you do.
Any advice?
I kind of feel like
I'm in everybody's way.
Be patient.
Oh, sorry. Yeah.
I heard you're organizing
the Brennan discovery.
How'd you hear that?
Well, it's a big deal.
People talk.
Oh.
Need any help?
No.
Come on.
No one's given me
anything to do.
Well, nobody helped me
when I first started here,
but I'm in a generous mood.
Okay, pick a box,
ask me questions,
and then we'll figure out
how to organize it.
Why don't we just make piles
based on date,
relevance and evidentiary value?
Have you done this before?
From prison, yeah.
I filed appeals.
Mine, some other guys'.
Oh. Did you win?
I was 4-1.
Seven are still pending.
Oh.
So the D.A. made an offer.
Deferred prosecution,
but you would have
to stay away from Gina.
You're suggesting what?
That I agree to never
see my wife again?
I'm simply relaying the offer.
Well, don't waste your breath.
You're the one who
always pushed plea deals.
You used to say that
if you were trying a case,
you'd already lost it.
I never said that.
You alwa said that.
Now, let's get back
to the offer...
Jonah, how are things?
Isaiah, please tell me
you are here to stage a coup.
Your little pep squad is trying
to get me to take a deal.
Yes, what are you
doing here?
Someone from the pep squad
would like to know.
I am just here
for moral support.
Mine or hers?
Listen to me.
It would preserve
your reputation
and keep you out of prison.
You want me to abandon my wife
to spare myself embarrassment?
Pass!
As your attorney,
I would be remiss
if I didn't urge you--
Yeah, blah blah blah. Pass!
Okay, I will let
the District Attorney know
that we respectfully decline
his very generous offer.
She looks like her mother.
She's tough
like her mother, too.
So how's Carolyn?
Oh, you know.
She's up for parole again soon,
so she's trying to be positive.
Jonah, you don't want
to go to prison.
Oh, so now you would like me
to take the plea deal, too?
You wouldn't walk away
from the woman you love.
Why should I?
My witness is gone.
No witness, no case.
You dropping the charges?
An innocent man was killed
in a barrage
of gang gunfire
while he was out
walking his kid to school.
Somebody's going
to jail for that.
I have a new
witness in mind.
Your client.
You want Darryl to testify?
He'd never
snitch on his cousin.
And why should he?
Without a witness...
Even without a witness
to the shooting,
Darryl Smallins was in the car
that was seen speeding away
from the scene of the crime.
That car was pulled
over by the police
and found to have a gun in it.
A gun whose bullets
matched the bullet
found in the body
of the deceased.
Darryl didn't shoot the gun,
had no knowledge of the gun
when he got into the car,
and has had no priors
for the past two years.
Which is why I'm coming
to him first.
But if he passes
on this opportunity,
I'll go to the other two,
and I'm sure one of them
will happily testify
that Darryl was responsible.
You know Roth and Associates has
a strict "no snitch" policy.
You think your client
wants to pay the tab
for Isaiah's ideology
by spending
25 years of his life in prison?
You have 24 hours.
I opened the door,
fully expecting
to see my mother
on the window seat.
Instead,
she, uh...
She's in bed with Jonah,
naked, and they--
going at it.
Engaged in sexual intercourse?
Yes.
But Mom seemed
disoriented and upset,
like she didn't like it.
Objection!
Sustained.
I know it's hard
to see your mom that way.
What did you do then?
I was shocked.
He had promised the doctors that
he wouldn't do that anymore,
so it was very...
I was calling for the nurses,
Jonah was yelling at me,
Mom was screaming--
it was just all
very chaotic.
Your witness.
Is it possible that your mother
was disoriented and upset
because you surprised her,
and started screaming for help?
I know my mother.
I know what was upsetting her.
You visit your mom
pretty often, don't you?
Every week.
Haven't missed one.
I love my mother
with all my heart.
Would it surprise you to learn
that Judge Porter
visited her daily?
No. I know he visited
more than me or my brother.
We have jobs.
I get it, I do.
It makes sense.
Would you say it also
makes sense
that Jonah visited her daily
because he loves her
with all of his heart?
It's not his heart
I'm concerned about him
loving her with.
Just one more thing.
Has your mother mentioned Jonah
in the last four months?
Yes.
Has she said she misses him?
She says a lot of things.
She says that she just
talked to my father,
and he died 20 years ago.
Carly...
has your mother said
she misses Jonah?
Yes.
That's all.
Dr. Merritt, did you have
an opportunity to assess
Gina Porter?
I did.
And how severe is
Mrs. Porter's condition?
It's my determination
that the brain degeneration
in Mrs. Porter is
significant enough
to seriously limit capacity.
Dr. Merritt, in your
expert medical opinion,
based on, literally,
decades
of education, training
and experience,
do you believe that Gina Porter
has the capacity
to consent to sex?
No.
Objection-- speculation!
And it's none of
your damn business!
Jonah...
Judge Porter, may I remind you
you are the defendant.
You don't get to object.
Well, somebody had to.
Counselor,
talk to your client.
Happy to.
You are not in charge here.
I know what you want.
You want me to be
quiet and obedient.
A docile old man.
You'd really like that,
wouldn't you?
I know Carly
certainly would.
Well, I am not that man,
and I'm not even
gonna pretend to be.
I just want the jury to see
the man that Gina
fell in love with
over the crossword puzzle.
I will deny this
if it is ever made public,
but I actually like you, Jonah,
and I just want you to be able
to see your wife again.
Now you're getting sappy.
Let's go before
you start crying.
♪ If you're gonna fool me...
Delgado lost a witness,
and wants Darryl to snitch.
I hope you told her no.
Darryl's facing
felony murder,
25 to life.
Why would we tell her no?
Representing snitches makes us
a tool of law enforcement.
Cops over-arrest
and overcharge,
turning brother
against brother.
It decimates communities.
If we participate
in it, we condone it.
I understand the principle,
but this is a person.
It's never really in the
best interests of the client.
If you only look at
the client's legal problem,
it's an attractive
short-term solution, but...
Nick, you grew up in the
Farragut Houses in Brooklyn.
Tell Tiffany
what happens to Darryl
when he goes back home
after being a snitch
for the government.
Somebody shoots him.
He's dead in a week.
♪ When you're in the dark...
Amazing!
We all know
Hamilton gets shot.
We learned it
in the eighth grade,
and then again
in the 11th,
and still that's a shock.
Imagine defending
Aaron Burr.
What is that,
a crime of passion?
Not guilty by reason
of a duel?
Please don't tell me
I wasted a ticket on sad Cam.
What are we gonna do
about Darryl?
We're gonna put on
a good case.
We have forensic evidence
that says the gunshots
came from the front seat
of the car.
Darryl was sitting
in the back.
I keep wishing he'd left
class five minutes later.
He wouldn't have been in that car.
But he was.
I hate reality.
You think he should
take the deal.
I think he's 21, and
he's sitting in his cell
feeling like his entire
life is probably over.
When I was 21,
I thought the same thing.
I felt like everything
was hopeless, like
I'd never have the things
in life that I wanted.
But I was wrong,
because I got to turn
22 and 23 and 24.
25, that was rough.
But God bless year 26.
What happened at 26?
Everything.
I started working
for Isaiah, I transitioned.
I inherited my grandma's
rent-controlled one-bedroom.
Life got really good.
I just want Darryl
to get his 26.
So what now?
Now...
we drink.
♪ Come on...
We're almost done here.
Why don't you go home,
I'll finish up.
Oh. Yeah, sure.
I'll just go home,
get some sleep, and then
come back tomorrow morning
and you'll have taken all
the credit for my assignment.
I'm not trying to...
No. That's the thing. I mean,
you don't even have to.
You don't even have to try.
Because you're Isaiah's guy.
Because you grew
up in the projects
and you turned your
life around and you got
your law degree in prison.
You want to know where
I got my law degree?
University of Iowa.
I mean, h-how do I
compete with that?
There-there is
nothing, nothing
interesting about me.
That's not...
I had a stupidly
happy childhood.
Like, a white picket fence,
like, climbing trees
in the family apple orchard,
going to church every Sunday,
we actually had a
white picket fence.
I have never broken the
law. I don't even jaywalk.
There could be no car in
sight and I will still
walk on the crosswalk.
Oh, my God. I am so...
just freaking normal.
Don't worry.
I'm pretty sure you're insane,
which is the opposite of normal.
♪
So, I finally got in to sit
with Gina Porter.
Sadie, she wasn't able
to demonstrate competency.
Come on, Gary.
There's always wiggle room.
If she couldn't pass the IQCODE,
then give her the Mini-Cog.
I-I did.
She got a 4.
S-She needs a 3 or under
to be considered capable.
She would've gotten
a 3 two weeks ago,
when you were originally
supposed to test her.
That may be, but...
So you're saying
you won't testify.
I'm saying you wouldn't
want me to.
Next time.
Yeah. Thanks.
Excuse me, could I...?
Thank you.
I'll get that.
And can I have a club soda,
please? Thanks.
Surgery tomorrow. Can't drink.
What are you doing here?
Lucy told me where you were.
I said it was an emergency.
What happened? Well, I just
got out of a ten-hour surgery
on a two-and-a-half-
year old little boy.
Did he make it?
Yeah. He did great.
He's gonna be fine.
Billy. That is not an emergency.
You can't, we can't...
I know. Normally,
on a night like this,
we'd all go out. The surgical
team. We'd celebrate.
Decompress. But now that I'm
the guy on trial for murder,
nobody wants to go out
with that guy.
No. I know. I know
we should keep things
professional,
but it's not.
Sadie, it's personal.
It's all personal. It's...
It's what I do.
It's who I am.
It's life and death,
and today, it was life,
and it feels...
I feel amazing.
I feel like myself again.
And I wanted to see you.
I wanted to tell you that today,
I saved a life.
I can't...
I can't be the person you tell.
I'm trying to
save your life,
and I can't if you...
Sadie...
I really, really
want to save your life.
You got to let me.
Oh, man.
I think I'm a little hung over.
Why were we drinking?
We got through
all of the boxes.
There's no smoking gun.
No smoking gun!
We got to tell them.
No. W-Wait, we can't.
We smell like scotch
and MSG. We got to change.
Yeah.
Uh, it's almost 7:00.
I have to get to my sister's
place in Weehawken,
and the next train
leaves at... I...
You're never gonna
make it back in time.
Weehawken?
I'm not a snitch.
We got to win this case.
You always win for me.
This isn't a misdemeanor.
You're facing real jail time.
25 to life.
We could go to trial,
but it's not gonna be easy.
If I do this,
I can never go back.
That's my neighborhood.
Those are my people.
You're 21 years old, Darryl.
You have your whole life
ahead of you.
I got to decide now?
Yeah.
If you were me,
what would you do?
Hey.
Hi.
Guess what I found out.
Markes has Lupus.
I know.
He has a foundation.
Oh.
Good morning, New Tanya.
Uh-huh.
I got some messages for you.
Thank you.
I called the other
three experts on the list
you sent me last night.
One of them is on vacation,
one of them agrees
that Gina Porter can't consent
and one of them
I just left word for.
Keep calling. Go to his
office if you have to.
We need an expert.
And call the lab
about Billy's DNA,
we need that back.
I need a signature.
Where are all my pens?
Why is there an ice cream
sandwich in my desk drawer?
I knew you'd be stressed out
this morning, and ice cream
always makes
you happy.
And I hid it in the drawer
because surprises are fun.
Mm. It's really good.
See? I knew you'd like it.
I'm a Sadie expert.
Lucy...
Sorry. I know, I'm annoying.
No. You're a genius.
Talia. You've known Gina Porter
for a while.
Does she like music?
No. No, she loves it.
Particularly Scott Joplin.
If I went to her and asked her
what kind of music she liked,
would she say Scott Joplin?
Probably not. She
doesn't do too well
with questions and answers,
and stuff like that.
So how do you know
she prefers it to other music?
Well, you...
you can just see it.
Like, she gets happy.
What else makes her happy?
Her kids.
But she's happiest
when Judge P. is there.
It's like a light
goes on inside her.
You know, like,
she's more there.
Were you aware that she
and Jonah were being intimate?
Yeah.
Did you have a problem with it?
Why would I have
a problem with that?
I mean, they're married.
Do you believe
that Gina,
if she hadn't welcomed
these intimate visits,
would have let someone know?
She would've
let everybody know.
She would have, you know....
She would've gotten upset,
maybe started yelling.
Nothing further.
Ms. Mendez,
where did you get
your medical degree?
I don't have a medical degree.
Uh, what about your Masters?
I don't have a Masters.
And before you can ask,
I didn't go to college, either.
How about a high school diploma?
You got one of those?
I got my G.E.D.
So, you have no real basis
to evaluate
Gina's capacity to consent.
I believe I do.
Uh-huh. Nothing further.
Redirect.
Talia,
does Gina like carrots?
Uh, yeah.
How do you know?
You didn't study carrots
in med school, did you?
No. She eats them
right off the tray,
and then she asks for more.
What about peas? No, no, no. She
hates them. She pushes them away.
So, she is able
to clearly determine
and communicate yes and no.
Absolutely. Yeah.
That's all.
Billy, take a seat.
Hey. I've got to be in the
O.R. in 30. What's up?
I'm rescheduling
Renee Lopez's surgery
and asking Healy to take over.
Can I ask why?
It'll be for the best.
He'll do fine.
I've done this surgery
hundreds of times.
He's done it, what, six?
All due respect, I
taught him the technique.
With your trial coming up,
you know, you've got a lot
on your mind, so take
as much time as you need...
I don't need time,
Ben. I need to work.
Her parents are not
comfortable with you
operating on her, Billy.
Since when do we listen
to parents when it comes
to surgical decisions?
Their exact words were,
"We don't want him
touching our little girl."
So, perhaps a leave of absence
would be best.
Are you asking me to step down,
or are you telling me to?
Sorry.
Great. Cool.
Appreciate it.
Did you just...?
Yeah. Albert was asking,
so I went ahead and...
Without me?
I wanted to give him the
information. I wasn't gonna wait
to tell him till
you got back from Bayonne.
Weehawken. Wait. How did you
get home and back so fast?
Mm. I keep a change
of clothes in my office.
Not so squeaky clean after all.
Right?
The truth is you haven't
gotten along with either
of your stepkids since
their mother was admitted
to the facility, correct?
You could say that.
Why do you suppose that is?
Presumably,
it has something to do
with their mother and me
having sex.
You're not an easy man
to get along with, are you?
You tell me.
Well, I'll tell them. He's not.
Your stepkids, the facility,
your counsel.
Who do you listen to?
Objection,
Sustained.
You heard Carly's testimony.
It was determined
that your wife no longer
has the capacity to consent,
and you agreed to follow
doctor's orders, didn't you?
I never signed anything.
But you agreed, though.
Yes, but...
So why on Earth
would you continue to have...
Because I love her!
And more to
the point,
she loves me.
It's good for her.
She's happy.
In those moments--
and they're, they're so few--
we... connect.
I'm losing her.
I know that.
I'm just trying to hold
onto her as long as I can.
I'm trying to hold on to us
as long as I can.
Kids, I am sorry.
I-I just can't even imagine
how hard this is for you.
Wha... O-Objection!
Judge Porter...
I-I would never do anything
- in the world to hurt her.
- Your Honor.
And I'm sorry
that I'm hurting you,
but you just have
to believe me.
Your mom knows me.
- She knows me.
- Your Honor. Seriously.
You're going to have to stop.
Oh, God. Sit down, Mr. Markes.
I know! I know!
I'm gonna
have to admonish myself.
God. This is difficult for me.
I just miss my wife
so very much.
But you need to disregard
my remarks.
A-And strike them
from the record.
Nothing further.
Mr. Markes?
No questions at this time.
I see what you were doing there.
Nice job.
What's going on?
Darryl's taking the deal.
I already spoken to the D.A.
They're relocating him
and Alicia to Arizona.
Who'd you get
to represent him?
Me.
I wasn't going to be the
latest in a long line of people
who've abandoned that kid.
Isaiah could
fire you for this.
I know.
Okay then.
I'm going
into court with you.
I'm not gonna let you
hang out to dry.
That is literally
the nicest thing
anybody's ever done for me.
But this is my choice.
I have to do this on my own.
So I'm coming home from school,
walking up Fort Washington,
when my cousin, Raffie
and one of his friends, Kyle,
roll by and offer me a ride.
I get in and
we're just talking,
and suddenly Kyle sees
this kid DJ walking by.
And he tells Raffie
to slow down.
And then he and DJ
have some words, and...
And then?
I don't remember.
Darryl, look at me.
Tell me.
Raffie pulled out a gun
and he shoots at DJ.
Your cousin
pulls out a gun?
Yeah.
But he misses DJ
and it hit the dude...
Mannie Fuentes?
Yeah.
I saw him go down.
And then what happened?
We drive away and,
like, two minutes later,
the police arrest us.
Is there anything else
you'd like to add?
Right before it happened,
I was talking to my cousin
about going to school.
I was saying,
"Raffie, you a good cook."
And he's like,
"Yeah, that sounds cool."
And then he pulls out a gun
and shoots someone.
He didn't have to do that.
You know what I'm saying?
I know what you're saying.
Boy, I used to love it
when the jury was out.
Just go to my chambers
and take a nap.
Perplex.
Worry.
Six letters.
Hmm.
I, um...
I just want to say
I'm sorry about all this.
I wish...
I wish...
I know.
Baffle.
Oh, six letters
meaning "perplex."
Oh.
Cam?
Do you mind if I
read from my notes?
I-- you make me nervous.
Why would I make you nervous?
"I used to believe
"that all people
were created equal.
"And then I met you.
"You're a lot
to live up to.
"Your world is
black and white,
"you know
what you believe
"and you stick to it.
It's easy for you..."
Cam, look at me.
Just talk to me.
When I was little,
I turned on the TV
and saw you defending
the Black Panthers.
My dad said,
"That's Isaiah Roth."
With awe.
Like there
stands a great man.
And I wanted to be you.
But not anymore.
I-I want to be great.
I want to stand
for something, but...
but I want to be me.
I need to be me.
And I see gray, Isaiah.
I-I see exceptions
to the rule.
And I made an exception
with Darryl.
I understand if
you need to fire me.
Fine.
Go.
"Go."
Which "Go"?
Go away, go home?
I'm not firing you.
I'll make an exception, too.
Thank you.
You're wrong,
by the way.
It isn't easy.
I am a great lawyer.
I just won.
Judge Porter gets to see
his wife because of me.
I got a home health aide
qualified as an expert,
and I made Judge Porter seem
like a human being to a jury.
That's how great
of a lawyer I am!
And great lawyers take risks.
Like I did with the DNA.
And you know what?
It's that risk that is
gonna win us this case,
so I you need to stop
being so angry with me
just because you disagreed with
my decision to test Billy's DNA.
Hold on, you think
that's why I'm mad?
Yeah.
Because I disagreed?
I'm mad because
you didn't include me.
You went ahead and
made your own decision
without even consulting me.
Well, so did Cam with Darryl.
I don't see you
pouting about that.
She consulted me too much.
It was all she could talk about.
She wouldn't even let me
enjoy Hamilton.
You took her to Hamilton?
You remember my 21st birthday,
first year of law school?
We were hammered and
got lost walking home.
Your speech was slurry
and I couldn't see straight.
So, every two blocks,
I would ask for directions,
and you steered us all
the way back to campus.
Took us three hours.
Your point?
We make a really good team...
but we can't keep secrets,
no unilateral decisions.
If we're gonna win,
we have to work together.
I slept with
Amy's best friend.
I slept with Amy's best friend
when she was away at summer
camp, and she found out,
and that's why
she broke up with me.
I treated her like crap.
I didn't care about her feelings
or anyone's for that matter.
I was a spoiled, selfish,
entitled, little bastard,
and I know I should have said
something before, but I was...
ashamed. I'm not that proud
of who I was back then.
I didn't want you to know.
Also, I...
I...
...I have done a lot of work
to become a different person,
a better person.
I mean, I'm the guy
that can save a kid's life...
but I lost my job today,
so now I'm just a guy...
who needs his life saved.
So, I am gonna trust you
and give you whatever it takes
so you can do your job.
Do you ever regret
not taking the deal?
Don't... don't ask me that,
Isaiah.
That's... What...?
Do I ever regret it? No.
You'd be out by now.
Yeah. I would.
And we'd be living
an ordinary life.
You know what?
Let-Let's talk next week,
I'm tired.
I-I upset you.
I'm sorry.
You can't come in here
and lob your "what-ifs,"
because you get to leave
and I...
♪ With a wounded wing...
I regret a man died
because of my actions.
I regret that I never got
to see Sadie grow up.
That I had to watch you,
my attorney, raise her,
bring her to me every Saturday,
and then take her home to a life
of dinners and homework
and reading books in bed.
Sometimes I regret
falling in love with you,
because I see how painful
it is for you to come here.
You think I don't have regrets?
I'm full of them.
But they wanted me
to name names.
Names of good people.
People who were doing
righteous work on behalf
of the poor and the broken
and the disenfranchised,
and-and I-I wouldn't do it,
I couldn't do it.
And if I had taken the plea,
if you had, you...
if you had pushed me to take
the plea, we wouldn't be us.
For better or for worse,
Isaiah...
♪ Say what you want.
...we're not ordinary.
You're still here?
I was packing up discovery,
and I-I found something
to run past you.
This is from before Billy
and Amy left the party,
and this one from after he
came back from Gramercy Park.
What am I looking at here?
The jersey.
In the first one,
it's a crew neck.
And in the second one...
♪ With a wounded wing...
He changed his shirt.
Why would he do that?
♪ There is more down there
than you know. ♪
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