Fairly Legal (2011–2012): Season 2, Episode 11 - Borderline - full transcript

Ben and Kate travel to Lake Tahoe where Ben wants Kate to settle a border dispute between two police departments that is costing his client tons of money. At issue is the recently-discovered remains of a young woman linked to a possible murder investigation. While Kate tries to find justice for the victim, she and Ben end up spending a lot of alone time together in Ben's client's mountain vacation home. Meanwhile, Lauren helps Justin try a case fraught with political consequences in his bid for D.A.

Previously on Fairly Legal...

I'll see you tomorrow.

Did you ever do anything stupid?
I kissed somebody I work with.

Wanna get some dinner tonight?

Dinner?

Tonight, 7:00 P.M. pick a place.

It's a date.

It's not a date.

What are you, going on a date?

Nope.

You know how you have
a tendency to blow things up



you really shouldn't?

Man to man... the truth.

She was at Justin's.

I never came over here tonight.

He came to my place when you stood him up.

He knows you went to Justin's.

What does he care?

You're different.

He said that?

He didn't have to.

Forgive me,

but what you call personality
is just tricks.

Your clients are shallow crowd pleasers.

At least they please somebody.



Your clients snub authority.

Because frankly,

they think they're smarter
than everybody else.

They're smart enough not to chase cars.

Yes, and they give themselves a bath

while you lay dying in front of them.

Dogs win, yes?

Cats! Choose cats.

Kate, sorry to interrupt, but you have...

A phone call.

Ugh.

- Oh, I had the wildest dream.
- I have Ben for you.

Well, just tell him I didn't pick up.

I cannot tell a lie.

- Am I on speaker phone?
- Yes.

Morning, Katie.

Can't wait to hear about your wild dream.

You can tell me all about it
on our way to Lake Tahoe!

I'm not going to Lake Tahoe.

Come in!

You need to get up.
You're going to Lake Tahoe.

What the hell is in Lake Tahoe?

A client with a situation.

Very wealthy client. Is that Ben?

Chop-chop.

Car's taking us to the airport.

We'll be back by lunch.

Kate, how can you just leave your clothes

all over the floor... oh!

Hi.

Justin.

Justin's there?

Hello?

I'm so sorry. I didn't know...

that you two...

were, um...

Did you guys mute me?

Uh... you know, I am sorry to barge in.

- I'll just...
- Mm-hmm.

I'll see you in 20.

Bring a parka.

Bye, Justin.

What? I could care less
if she's sleeping with him.

Couldn't care less.

"Could care less" indicates
you care enough to care less.

Of course, how much less you could care

depends on how much
you do care, which is...

Zero!

And you can't care less than zero.

True that... if that were true.

What is the big deal

because I'm sure
that it happens all the time.

Yeah, I'm sure it doesn't.

Oh.

Okay, but it's... it's...

not like we're back together
though, right?

- Right.
- Yeah.

So then we're free to just be.

Absolutely.

There's no promises, no plans.

There's no pressure.

No, I've got enough pressure, right?

Yeah, so then...

you're okay with this, then, right?

What do you think?

Oh, shut up.

Oy.

Justin, you are gonna be the next D.A.

How do you know?

Because...

- Mm!
- You...

you always get what you want.

Have a great day.

Oh!

If anybody asks what we're doing here...

Mm-hmm.

Just tell 'em it's none of their business.

It's none of your business.

You're obviously back together.

No, we're not back together.

We... are... somewhere, um, in between.

You're in the middle.
Your favorite place to meet.

Why don't we talk about
why your client is flying us

on a private jet to Tahoe?

My client is trying
to build a hotel-casino

on the state border
between California and Nevada.

- Ooh, what the world needs now.
- Is more hotel-casinos.

But... a jurisdictional dispute
between state agencies

is holding up construction
and costing my client

100 grand a day.

- And where do I come in?
- I need a special master.

Well, try Craigslist.

I've heard they have a personals section.

Ha ho! A special master is...

I know, I know. A judge in absentia.

Blah, blah, blah. I went to law school.

Well, don't worry. I won't tell anyone.

Anyway, I went to a federal judge who,

based on your stellar
reputation as a mediator,

got you appointed as a Magistrate.

Which means you rule.

You don't have to meet in the middle.

You decide which agency...
gets the crime scene.

Crime scene?

Potential crime scene.

Why is it a potential crime scene?

Cause of death
is yet to be determined, it's...

There's a body?

More like bones.
They've been there a while.

And the state agencies are...

- Police departments.
- Police departments.

I don't do murder.

Good! Then you won't kill me.

- You must be the lawyer.
- Guilty as charged.

Ben Grogan, attorney for the developer.

And this is Ms. Reed.

But she's sensitive about the "l" word.

I'm a mediator.

Detective Smith from California.

Kate Reed.

Detective Nunez.

This is my partner, Detective Cedeno.

- Hi.
- Nevada.

It's very nice to meet you all.

Look, just forget about
all that special...

master business.

I'm really here to broker an agreement

that we can all live with.

Actually, that's not why she's here.

She's not here to "broker,"
she's here to decide.

You're the decider.

My men arrived here first,

which automatically
gives California jurisdiction.

Not over a Nevada missing persons case.

Missing persons?

We found a wallet.

The victim appears to be Carmen Cedeno,

a 16-year-old girl
who went missing in '06.

And they wouldn't let Nevada
police question the main suspect

in her disappearance.

- Why not?
- He was a California resident.

- And they protected him.
- 'Cause he was a minor.

And his daddy was rich.

What the hell is he doing on this case?

He has a right to be here.

Well, he can't be objective.

Uh, why not?

Oh, you wanna tell her... or should I?

The victim, Carmen Cedeno...

was Detective Cedeno's sister.

Oh, sir...

I'm so sorry.

Which is just another reason
why California

should have custody of this case.

So Neil Matthews can make sure
they destroy any evidence

- implicating his son.
- You're out of line!

Okay, sidebar!

Everyone back to their corners

while I confer with my colleague.

So wow. This is complicated,

and I can see how you might get
emotionally invested

in the whole "justice for all" angle,

but this is a criminal investigation

best left to the experts.

And your job, as special master,

is just to get the ball rolling.

So your client can stop
bleeding 100 grand a day.

- Yeah.
- No!

If you wanted simple,

you should've just left me at
home and brought a coin to flip.

- Heads or tails?
- All right, you know what?

I am not gonna pick a side... any side!

- I am gonna keep your quarter.
- Excuse me.

Is is true what they're saying
on the news?

Did you find Carmen?

Oh, sir, you know what, I'm really sorry,

- but you do have to get behind...
- No, I understand that.

- You have no right to be here!
- Hey!

That's him! He killed my sister!

What is going on?

Your daddy can't save you now, Jacob!

I'm sorry. I shouldn't have come.

Fairly Legal 2x11 - Borderline
Original air date June 1, 2012

Let me assure you that
we will not tolerate hate crimes

in San Francisco.

And we will convict Joseph Craig

for the beating of David Kwan.

Hmm. I see "Mr. Photo Op" is at it again.

Mm-hmm.

Isn't most of your case circumstantial?

Actually, we have a witness.

The defendant's own cousin will testify

that Craig bragged about putting
the victim into a coma.

He's taking a big chance
trying this case himself.

No, it's a slam dunk.

And it's perfectly timed
to boost his approval rating.

You know, a lot can happen
between now and the election.

So you just need to stay focused.

Mm-hmm.

Are we talking about this morning?

- That's none of my business.
- True.

However, as legal counsel
to your campaign...

You should be happy
that you caught me with Kate,

not a hooker.

I want you to be the next D.A.

Lauren Reed.

Mr. D.A.

And don't you forget it. Justin.

Hmm.

I want you to take over
the David Kwan beating trial...

starting tomorrow.

Wait, why?

Well, because I said so.

Don't blow it.

There's gotta be a problem
with that witness.

Yeah.

We need to figure out what it is

- before the defense does, huh?
- Yeah.

Okay, so six years ago,
you found Carmen's car parked

at the bottom of one of the hiking trails.

- That's right.
- You searched the mountains?

We all did...

California and Nevada...

but we didn't find her.

How is that possible?

Well, they searched the park
where Chandra Levy went missing.

Didn't find her body until a year later

when some guy stumbled
across her, looking for turtles.

- Turtles.
- Yeah.

You can't make that stuff up.

The ravine where we found her remains

was pretty inaccessible
until your developer...

started raping the forest.

We prefer to think of it as creating jobs.

So Jacob dumped the body
where we couldn't find her,

and they protected him.

There was no evidence of foul play.

For all we knew, she ditched
her car and ran away from home.

See, this is exactly
why we need a decider.

There is no win-win here, Katie.

Zip it before I hold you in contempt.

Look, fellas, I'm really sorry.

I don't mean to drag this out
any longer than necessary.

It's just that I can't make a decision

until after I've heard
both sides of the story.

And that's including Jacob's.

Well, his daddy won't let you talk to him.

Well, his daddy doesn't have to know.

She was so beautiful
it made your heart hurt.

You know?

I was recruited by a private high school

on the California side of Tahoe
to play football,

and uh, he was the starting quarterback.

And were you friends?

Yeah, we were best friends.
That's how I met Carmen.

- Did he approve?
- I think so.

He never said he didn't.

Carmen was crazy about him.

I was cool with it. His father freaked.

Yeah, I was going to USC in the fall,

and he didn't want me getting
serious with a girl from home.

- A Latino girl...
- Mm-hmm.

From the wrong side of Tahoe.

And how did she feel about that?

She was upset.

But I mean, her parents
didn't approve of us either.

Okay, so then what happened?

- Stopped seeing each other.
- Completely?

In public.

They were still sneaking around though.

And you think that Jacob was with Carmen

the day that she disappeared.

What else would she have been
doing up in those mountains?

They're hiking trails.

She wasn't hiking.

She was with him.

That's why the California police

wouldn't let Nevada P.D. question Jacob.

Neil Matthews paid them off
to protect his son

because he killed Carmen.

But if he loved her,
why would he hurt her?

Carmen was upset

because Jacob wouldn't
stand up to his dad.

Maybe she called him a coward.
Maybe... maybe he snapped.

Okay, all I know
is that he lied back then,

and he's lying now.

- Did you kill Carmen Cedeno?
- No.

Look, I loved Carmen.

Were you with her
the day that she disappeared?

Uh, no.

I hadn't seen her since we broke up.

I'm Neil Matthews, Jacob's father.

I called him.

It's okay, dad.

No! It's not.

The Nevada P.D. is looking for any reason

to string you up from the nearest tree.

Mr. Matthews, I am not here
to investigate this case.

Hello.

I am simply here
to award the investigation

to the proper authorities.

Thank you.

Who is he?

He is irrelevant.

Wow.

Sir, I'm just trying to hear
both sides of the story.

Well, I'll tell you the story.

They harassed my son.
They called him a murderer.

They threw rocks through our windows.

And now that they found a body,

I believe that
they'd fabricate the evidence

to prove themselves right.

Please don't let that happen.

Don't give them the power
to send an innocent young man

to prison for the rest of his life.

The father's got a point.

Nevada's ready to hang that boy.

Yeah, and meanwhile,

the California police
are tipping the dad off.

You know, they're hiding something.

Probably that he killed the girl.

I just... I don't think that.

He loved her.

Yeah, and people never kill
the people that they love.

Hey, I just... I have a feeling in my gut.

Well, we skipped lunch. Maybe it's hunger.

All right, all right.

Our first priority is to the victim.

- Right?
- Yes.

- He's losing 100 grand a day.
- No! Carmen Cedeno.

- Oh, that victim.
- Is this funny to you?

No! It is tragic.

But... there's no win-win here, Kate.

Each side has an agenda
and you have to pick one.

- Why do I have to pick one?
- Because you can't pick both.

Why not? I'm the special master.

- Kate, what are you doing?
- Guys...

if there's one thing
that we can all agree on

it's that Carmen cannot be
out there a moment longer.

Right?

Okay, so then you're both gonna
process the scene jointly

until I decide who gets the case.

Now, I am also gonna bring in
a medical examiner

to do the autopsy.

Emilio, if this is too difficult for you...

I'm fine.

We're losing daylight.

Well, then bring in some lights.

Oh, and I am gonna need
the original case files

from both police departments
sent to me at, um...

where are we staying tonight?

How did I not anticipate
that you would complicate

this otherwise simple task?

Good question, Benedict.

You know, there are plenty of mediators

in all of San Francisco
that would be more than happy

to flip your coin.

Mm-hmm.

Why me?

I guess I was foolish enough to assume

that you might do me a solid.

Or maybe this was just
an excuse to whisk me away

to your client's pied-a-terre
and rob me of my virtue.

Please.

You haven't had your virtue
since you were, what...

16?

Younger.

Older!

How many, uh, bedrooms
does your client have?

I assure you you are perfectly safe.

Only if there's a lock on the door.

Wow.

Look at the view.

- Oh, and hey, there's a hot tub.
- Of course there is.

Oh, this is interesting.

Jacob made a statement
to the California P.D.

right after Carmen disappeared.

But because he was a minor and
there wasn't a parent present,

his father had it sealed.

Which means...

the Nevada P.D. doesn't know about this.

There's only one reason
to seal a statement.

What he told them is incriminating.

Or it could be used
to incriminate him by people

who just assumed
that he was already guilty.

Do you always trust your gut feelings?

Yes.

And I can usually tell
when people are lying to me.

Katherine Reed.

Yes.

Don't do anything. We'll be right there.

What's up?

They found something.

So they found this jacket under the body?

No one could've planted it.

We'll do carbon dating,

but it looks like it's been
out here as long as she has.

Thank you.

So...

what's your gut telling you now?

Ooh, uh, well, it's telling me that...

Jacob would've been
pretty stupid to kill her

and then leave his jacket behind.

- Maybe he panicked.
- And...

it doesn't prove that he was
with her that day.

I mean, he could've given her
his jacket at any time.

No, he couldn't.

That was our division championship jacket.

We got them the morning of
the day that Carmen disappeared.

Which does prove that Jacob was with her.

And the only reason
he would've lied about it

is because he killed her.

So now tell me he didn't do it.

What happened to Mr. Davidson?

He asked me to take over
this phase of the trial.

Why?

'Cause he trusts me. And you can too.

What about her?
Does she work for the D.A.?

Uh, no.

Ms. Reed is a special outside
consultant of the jury.

She's on our side.

Is there a problem with the jury?

Not at all.

It's just that the defense
is probably gonna try

to convince them that you're lying,

that your cousin never told you
that he beat David Kwan

after the concert.

Yeah, well, I wish he hadn't.
But he put that guy in a coma.

That took a lot of guts
to come forward, Arnel.

- Personally, you're my hero.
- That's right.

We wanna protect you on that stand.

So if there's anything...

anything at all you can think of,

true or false... that the defense
might try to use against you...

we need to know.

This is no time for secrets.
Anything at all.

Um, yeah. Yeah, there might...

there might be one thing.

You can tell us.

I... hooked up with Angela.

Who's Angela?

Joseph's wife.

You had sex with your cousin's wife?

Just a few times.

And nobody's knows about it,
especially Joseph.

And how can you be sure?

Because if he knew about it,
then we would both be dead.

Arnel, could you excuse us a minute?

Excuse me.

Tell me this isn't happening.

- Well, it was only a few times.
- Yeah.

I have a feeling Angela told.

Yeah, to help her husband's defense.

And Davidson found out about it.

Be honest with me here.

Scale of one to ten, how screwed am I?

11.

This jacket gives us probable cause

to arrest Jacob Matthews.

For what? Lying?

He's not even under oath.

And until we determine how Carmen died,

we're not even sure
that a crime was committed.

Is Matthews paying you too?

How much does it cost
to buy a special master?

How much would you like
a punch in the face?

Okay, hey. No punching.

- Can I have a word?
- Yes.

Will you try to act professional?

Look, I realize everyone thinks

Jacob's dad owns the world around here.

But he doesn't own me.

He's chartered a private plane to Mexico.

He's trying to get his son
out of the country.

- Leaving when?
- Tonight.

Time to act, Katie.

What do you want me to do?

Nothing.

Davidson!

Arnel had an affair
with his cousin's wife.

Oh, shame on him.

No, the shame's all on you
for knowing that

and dumping this case
in my lap for political reasons.

Politics is a shameless business.

Well, it doesn't always have to be.

Well, it always will be.

Because it all comes down
to self-preservation.

No, it all comes down to public service.

The people elected you
to put their interests

ahead of your own.

Oh, the people, huh?

Well, they might pretend
to care about doing

"what's right for all of San Francisco,"

but when it comes down to it
they want the guy

that can guarantee what's right for them.

Well, people don't wanna see
Joseph Craig walk.

But if I have to put Arnel on the stand,

that is exactly what's gonna happen.

We have to offer a plea on this one.

No way.

I'd rather lose than offer Craig
a slap on the wrist.

No, you'd rather I lose.

Yeah.

Yeah, because, see, that's my prerogative.

And you work for me.

Did it never occur to you
that it's sheer folly

to run against your boss?

Hey!

Where do you think you're running off to?

We're taking a vacation.

Well, I really hope
you have travel insurance,

because I'm gonna need you to stick around

until I decide who gets the case.

You have no grounds to detain us.

They found his jacket on Carmen's body.

But I guess you already knew that.

My son is innocent.

Well, then why are you running?

- She's right.
- Jacob, just get on the...

No! Jacob... Jacob, listen to me.

You are not 17 any more, okay?
You are a grown man.

You can do whatever you wanna do.

And you wanna tell the truth.
I know you do.

That's enough. Jacob, now.

No! They found her.

There's no reason to lie anymore.

What... and you think the truth
is gonna keep you out of jail?!

Just because I'm not in jail
does not mean that I'm free.

We know that you were with her
the day that she disappeared.

Will you tell us what happened?

I'll tell you what happened, but not here.

- Okay.
- Where, on a plane to Mexico?

Up in the mountains.
Where we met that day.

There's something I've got to show you,

but please just let it be you.

Yes, just me, just me. I promise.

What is going on?

What?

- You told them?
- I had to.

Jacob Matthews, you are under arrest

- for the murder of Carmen Cedeno.
- Murder?

- On what grounds?
- Murder?

The M.E. says it looks like
Carmen's skull was fractured

by blunt force trauma.

Look, I didn't do it.
Look, I swear, I didn't do it!

Don't say anything until
I get you a lawyer!

You have to trust me!

My son has no chance
at a fair trial in Nevada.

You just sent an innocent
young man to jail,

maybe for the rest of his life.

I hope you can live with that.

You did the right thing.

Oh, God, I wish I could see that statement

Jacob made to the California police.

And what would that prove?

Well, that he tried to tell the truth,

but his father wouldn't let him.

I'm more curious about
what he wants to show you

up in the mountains.

Maybe it was the rock he used
to crush Carmen's skull.

Okay, so, you think he did it?

Yeah.

But, I am cynical.

No, you're not.

You're not that cynical.

- Says who?
- Leo.

What did Leo tell you?

No, no, no. It's... just forget it.

- It... okay.
- Okay, yeah, forget it.

Okay, so, I know that you went
to Leo's looking for me

the night that I stood you up.

- I was drunk.
- No.

You were upset.

And, Ben, I'm sorry.

I am so sorry.

I just... I... I didn't think
that you cared that much.

I didn't.

It was... an ego thing.

I don't get stood up.

That's all it was.

Are you done with me?

No, um... you know what?

Can I get a ride to the station?

I want to make sure Jacob gets there and...

I can take you.

It's all right.

I'll see you later.

- Hey.
- Hey.

Talk about the cat that
ate the canary, huh?

I'm calling Arnel to the stand.

They're gonna tear him apart.

Not if I do it first.

I'll keep an eye on the jury.

- Good luck.
- Thank you.

Morning!

Wasn't sure how you liked your eggs,

and so I scrambled them.

I would have made quiche
if I had more time.

Quiche?

Yes. Real men do eat quiche.

And...

drink the occasional appletini.

What's that?

That is a fax.

Short for facsimile.

I found it in the time machine
next to the pong game.

The sealed statement of one Jacob Matthews

given to the California police
six years ago,

the day after Carmen went missing.

How did you get this?

I asked for it.

You're the special master.

You have the authority to see anything

that is pertinent to the case.

Mm.

Can I share this?

No, but you can vouch for what Jacob said.

Or what he didn't say.

You don't have to read it.

Yeah, I do.

Fried.

Over-easy.

That's how I like my eggs.

Arnel, did your cousin,

Joseph Craig, tell you
that he beat David Kwan?

Yes.

Did he tell you why?

Because he doesn't like asians.

So, Joseph Craig is guilty
of a hate crime?

Objection.

The prosecution can't lead
his own witness.

Withdrawn.

Arnel, did you have sex
with your cousin's wife?

Why... why are you asking me that?

Well, I think the jury has a right

to know if you have
any reason to be lying.

Why... why are you doing this?

Just answer the question, please.

- No!
- Your Honor,

permission to treat
the witness as hostile.

Objection. Your Honor,

the witness has fully cooperated
on the subject matter

pertinent to this case.

But not on matters affecting
his credibility, he hasn't.

Permission granted.

- You can continue, Mr. Patrick.
- Thank you.

Arnel, did you have an affair
with the defendant's wife?

You are under oath.

Yes, but he was always cheating on Angela.

- Objection, hearsay!
- Sustained.

Are you lying, Arnel?

Do you want to just get
Joseph out of the way

- so you can be with Angela?
- No, I'm not lying.

Well, you betrayed your cousin
with his own wife,

why would I believe you?
Why should they believe you?

Because I'm telling the truth.

Arnel, are you afraid of your cousin?

Yes.

Then why would you come forward?

Why would you tell the police

what Joseph said he did to David Kwan?

'Cause he was bragging about
it, like he was proud of it!

Because he was laughing about
putting him into a coma,

and then I told my mother,

and our priest, and they told me

that I... I... I had to...
I had to do the right thing,

that's all I'm trying to do.

I'm just trying to do the right thing.

Okay.

Thank you.

I have no further questions, Your Honor.

Look, all I'm asking
is that you give Jacob

a chance to tell his story.

He isn't talking.

But he'll talk to me.

And as a matter of fact, he wants to do it

where he and Carmen met that day.

So he admitted he was with her.

Emilio, he admitted it six years ago.

He made a statement

to the California police
right after she disappeared.

But his father had it sealed,

because he was afraid that
it would incriminate him.

He was right to do it, too, with your side

pulling out your torches and pitchforks.

Final autopsy results will be in tomorrow.

They'll tell us all we need to know.

No, it won't.

It won't tell you how she spent
the last few hours of her life.

Only Jacob can do that.

Emilio, he was your best friend, right?

Okay, so don't you want
to hear what he has to say?

Do you know, women who wear heels

are 15 times more likely to get bunions.

Well, I don't usually hike in them.

Well, how do you think I feel?

These are $1,500 loafers. - $1,500?

They're reindeer leather.

Reindeer?

- What's wrong with that?
- Oh, everything.

Ooh.

This is it.

Okay, you got us out here. Start talking.

Carmen and I found this spot
the summer before.

It's where we had our first kiss.

It's a special place.

Which is why we came here that day.

Half a mile from where we found her body.

- That's all I need to hear.
- Can you, please,

just hear him out.

Let's just cut to the chase, all right?

We wanted to be together,

but our parents were breaking us up.

So we came here to get married.

It wasn't legal, but...

God doesn't care if you have
a marriage license,

as long as you love each other.

We said our vows, and...

we promised when we turned 18

we'd run away and do it for real.

Never got the chance, though.

How do we know you're not making this up?

That's why I brought you here.

To show you.

Here.

You've got to see this.

He could have carved
that later as an alibi.

Okay, I gave her a ring on a chain,

so your parents wouldn't see it.

She was wearing it around her neck

when we hiked back down to her car.

So, then, you went down
the Nevada side with her?

Yeah, the sun was going down.

It was getting cold,
so I gave her my jacket.

I saw her get in her car,
and she drove away.

I saw her drive away.

That was the last time I saw her.

You know, that's exactly what
he told the California police

- six years ago.
- So his lies are consistent.

- So what?
- Why?

Why would I kill her?

Look, I loved Carmen.

And you were my best friend!
How could you think

that I would ever hurt her?

You lied to me about
being with her that day.

- Okay, I knew you were lying.
- Well, I was scared.

And you never stood up for me.

Not once!

You know what?

Lock me away for the rest of my life.

- Do it. Just execute me.
- Jacob...

No, I told the truth.

If no one believes me, I'd rather be dead.

Okay, we heard your story.

Let's go.

Can I just have a minute, please?

Yes.

I think you can count on some
of the female jurors

to side with Arnel.

Some is not enough.

But, if you can get a hung jury,

you can move to retry the case
after the election.

So, delay defeat for political cover.

Mm.

Sounds like a signature Davidson move.

Ah, speak of the devil.

That was, uh, quite the Hail
Mary you threw in there today.

I'd say it was more strategic than that,

and artfully executed,

- if I may say so myself.
- Thank you.

Mm-hmm.

You two are awfully cozy these days.

How's your stepdaughter feel about that?

First, her father, and now her ex-husband?

You're such a slimeball, Davidson.

Mea culpa.

It's your lucky day.

Defense wants to make a deal.

No contest, two years.

Take it.

What if I don't want to take it?

What if I want to try

for a conviction instead?

You'll crash and burn.

Well, wasn't that the idea?

This one's your prerogative, but...

what's that smell?

Oh, it's your campaign going up in smoke.

Do you think he's right?

At least he doesn't get off altogether.

Justin, what if they find him
not guilty, and he walks?

I know. You're right.

You know what the hardest part
of my job is?

It's the compromise.

I'm so sick of always having
to settle for less.

If I don't have the courage
of my own convictions,

then I don't deserve to win.

Then you better make
a killer of a closing argument.

The M.E. called.

He's gonna have an autopsy
report by the morning.

Did he give you a preview?

No, just that he didn't find

any necklace around Carmen's neck.

It's not looking good for Jacob.

No, it's not.

But I believe him.

I believe that he was in love,

I believe that they got married that day.

- What's that?
- It's a rock.

Found it up there today.

It's sort of shaped like a heart.

Do you think it's ever
possible to feel that way again?

Like what?

The way it feels when you fall
in love for the first time?

Do you remember that?

It just feels like this wave.

Just washes over you,
but you're not afraid to drown.

Wow.

Oh, it was just so easy the first time.

Love is never easy.

You don't have to be 17,
you just have to be brave.

I knew you couldn't just pick
a side and then fly home.

I wanted to stay the night.

Because I do care that much,

and so do you.

That's why you went back to Justin,

because he's safe.

And this you can't control, and
it scares the hell out of you.

You want that wave.

Uhh.

"No strategy, no foreplay,
no negotiation."

Just have to have the guts to dive in.

Do you?

Too late.

Are we ready to begin?

The deceased has been identified
as Carmen Cedeno, age 16.

She suffered a broken ankle
and a compound skull fracture,

indicating she twisted her ankle,

and fell from a great height
into the ravine,

where she struck her head against a rock.

Death was instantaneous.

There was no indication of foul play,

therefore, manner of death
is ruled accidental.

Also, there was an inquiry
about a necklace.

We didn't find one around her neck,

but in her pocket there was a ring

and a chain with a broken clasp.

That's how she died.

She lost the ring,

she went back looking for it,
she wandered off the trail,

and then she never came back.

Huh, what do you know?

Justin got a guilty verdict
on the David Kwan beating trial.

I thought Davidson was trying that case.

So did I.

- Good for him.
- Mm-hmm.

"We'll be back by lunch."

Yeah.

I'm glad this is over.

Good to get home.

Uhh!

Hey.

Hi.

Sorry, I should have called you.

No, no, no, no, no, no, no.

Come on in, come on in. Hey.

Oh, I hear, um,
congratulations are in order.

Well, thank you.

- Yes.
- Yeah, yeah.

How was your trip?

Uneventful.

So, while you were gone,
I had an epiphany.

Uh-ooh.

I don't want us to just be.

I want to make promises.

I want to make plans.

I don't want to settle
for anything less, you know?

Justin...

No, no, just hear me out on this, okay?

We belong together, Kate.

We're not the same people we used to be.

We can win,

if we both refuse to lose.

You said I always get what I want, right?

I want you.

Okay.

Okay.

Yeah.