The Closer (2005–2012): Season 3, Episode 13 - Til Death Do Us Part: Part II - full transcript

When an alibi, previously thought fictitious, turns up to derail Prosecutor Garnett's efforts in the Shafer trial, Brenda discovers a second house that provides the motive.

REPORTER: So, leaving aside the
sudden appearance of the alibi witness

Dr. Schafer always
claimed he had.

And that was a very dramatic
end to the da y's testimony.

It was. But can we
summarize, Dominick,

the thrust of the Defense Attorney's
cross of Deputy Chief Johnson,

because he suggested that the LAPD
ha d provided no physical evidence

that Oliver Henry's death
was even a homicide.

But Henry didn't
die by accident.

So, as the pathologist
Dr. Morales pointed out,

"To believe Henry
wasn't murdered,

"you have to suppose
he committed suicide.



"And to believe
that, you have to say,

"well, Oliver Henry
purposely ingested Versed

"which is an anesthetic not
available by prescription."

I mean, the Kennedy
assassination ha d less holes in it.

And today we learned
about some evidence

that ha d been
previously excluded.

And this was very interesting.

A big deal was ma de about the
defendant owning a black BMW convertible,

and there having
been a black BMW

in the victim 's driveway
on the night of the murder.

KING: And now, some reporters are
saying that the LAPD overreacted again

by arresting Dr. Jonathan
Schafer for the murder

of his wife's divorce
attorney, Oliver Henry.

- Have you been following that case at all?
- Larry, just what's been on the news.



You know, I think, before we
start using words like "overreact,"

we should really
be looking at...

Well, I think the word
"overreact" came up because

the doctor always said he had an
alibi, that he'd been on a boat trip

with a friend during
the time of the murder,

and today that friend showed up.

Well, then we'll hear
what the guy has to say.

But if the police have evidence
connecting a specific individual to murder,

do you want them to
keep it to themselves?

Or do you want to present that evidence
in court and let the justice system decide?

Let me add something, that
even though Deputy Chief Johnson

did not get a confession
this time in this case,

I have every confidence
that she ma de the right arrest.

And that she will
ultimately prevail...

Could you turn that off, please?

Taylor's throwing
you to the wolves.

Or maybe just giving
them a map to your body.

So, tough time in court
this afternoon, huh?

Hey, are you mad at
me about something?

- I've just had a bad day, is all.
- More like a bad month, honestly.

(SIGHS)

You know, sometimes, if you're already
having a bad day, but you've got, like,

more bad stuff stored up,
you just get it out all at once.

Say everything that's upsetting
you. Make the bad day really horrible.

So that tomorrow, you
know, can only be better.

Okay, you know, I can't fix
what I don't know is broken.

You got two DUIs in one month, five
years ago, and never told me about it.

I had to find out while trying to
get our multiple driver discount

from the insurance company.

And I'm really upset.

I see.

Do you have a drinking problem?

Would if I was drinking.

Okay, I'm in...

I joined, right after all of
that, Alcoholic Anonymous

and I am taking care of it.

So I don't look at the drinking
thing as an active issue anymore.

How can it not be an
issue? You lied to me.

I lied? Wait, how...
No, how did I lie?

You told me that you
were allergic to alcohol,

but the truth is
you're an alcoholic.

I called it an allergy because
that is how I think of it.

How could you not
tell me you were in AA?

Do I have to look up the word
"anonymous" for you in the dictionary?

I'm not your friend. I'm not
your co-worker. I'm your fiancée.

And if I'm marrying an alcoholic,
then I have a right to know about it.

"If"? If you were
getting married?

I want an explanation.

I want to know why you
withheld this information from me.

- Because if I can't trust you...
- What?

- What?
- I don't know. I don't know.

FLYNN: This is bullshit!

I looked everywhere for this guy
and he was nowhere to be found.

Well, he shouldn't be too hard
to locate anymore, Lieutenant.

He's sitting in one of your
interview rooms right now,

where, I assume,
even you can find him.

Unless we can prove this Eugene
"Topper" Barnes is lying about

Dr. Schafer's whereabouts on the
night Oliver Henry was murdered,

this case is over.

I still have to
interview Mr. Barnes.

And I have serious doubts that this
alibi of Dr. Schafer's is going to hold up.

Chief Pope, I would like to
interview Eugene Barnes myself.

- Really.
- Yes. Really.

I'm the public
face of this trial.

I'm sick and tired of getting black
eyes because of her mistakes.

Mr. Garnett, do not speak
about me like I'm not in the room.

Okay. Hold on. Hold on. Let's say,
for the sake of argument, Garnett,

that you do
interview this witness

and you actually gain
information useful to this case.

Are you, then, prepared to be called to
the stand by Schafer's defense attorney,

and turn your case over
to another prosecutor?

Because that is, of
course, what could happen.

You are more than welcome, sir,

to observe my interview
in our electronics room.

Chief Johnson will
even wear an earpiece

so that if you believe
she's missed something,

you can relay your
question to her.

Fine.

(DOOR OPENING)

(DOOR CLOSING)

I'm telling you, Chief,
he's the right guy.

I don't care what this
Topper Barnes guy says.

Well, the jury will care,
Lieutenant. They will care very much.

If we can prove that the defense
purposely held Mr. Barnes back from us,

then, maybe, we
can get a mistrial.

Of course they held him back.

Why else wouldn't they tell us that
Topper's real first name was Eugene?

BRENDA: Lieutenant Tao,
what do you have for me?

Mr. Eugene a.k.a.
Topper Barnes's statement

matches up with what Dr. Schafer claims.
They were on a four-day sailing trip.

Topper's criminal file.
A couple of drug busts.

And an inconclusive assault
charge. I think that might help.

Yes, it will. It will help
very much. Thank you.

- Buzz, can I have an earpiece, please?
- Yes, ma'am.

Mr. Garnett wants to assist me.

Thank you.

Now, if there's something
that you'd like to know,

please relay your
question to me quietly.

Thank you so much.

Have a seat.

Mr. Barnes.

Hi.

So, do I have to
talk to you guys?

BRENDA: Absolutely not.

But I'd really like to hear about
your sailing trip with Dr. Schafer,

because there's nothing worse
than putting the wrong man on trial.

Especially for murder.

And around here, we like
to learn from our mistakes.

Yeah. Well, you guys
should be geniuses, then.

All the mistakes you make.

(LAUGHING)

So, I guess you'll hear what I
have to say on Monday then, huh?

It was nice meeting you.

What is she doing? He
can't leave. He can't leave.

You know, I couldn't help but notice
that you've been under arrest four times

for possession of a
controlled substance.

And that you've been
convicted of drug dealing.

And that you have an outstanding
assault charge from two years ago.

And I did my time
for the dealing.

- And that assault charge was dropped.
- No, it wasn't.

The victim, a Mr. Robert
Grimes, refused to press charges.

But Mr. Grimes is in prison now.

And I bet, if I offered to
make his life a little easier,

he'd help me out by
reinstating the assault charge.

And then you could sit
here and talk with me all night

because you'd be under
arrest for another felony.

Or you could sit
right back down.

I'm just gonna tell you the same thing
I told Jonathan's attorney, Mr. Cordry.

As it turns out, that's
exactly what I want to hear.

(EXHALES)

Well, all right, darling.
What do you want to know?

Where's he been?

Chief? Mr. Garnett wants you to
ask Mr. Barnes where he's been.

I guess my first question
is, were you aware

that you were withholding valuable
information from a murder trial?

I didn't even know there was
a trial. I was out of the country.

Where? Where?

Really? Where?

Mexico. I got a place about
50 miles north of Cabo.

It's really nice. I spend
most of my time down there.

- Doing what, exactly?
- I have a boat.

Yes, we've heard about
your boat. The Super Plum.

- The Sugar Plum.
- See, that's another mistake we made.

Dr. Schafer must have
gotten the name wrong.

He should take a
look at his eye chart.

Would you please just tell her

to ask why the hell he just
happened to be in town?

Mr. Garnett wants
you to ask Mr. Barnes

why the hell he just
happened to be in town?

Sorry.

What's she doing?

What are you doing?

So tell me, Mr. Barnes, what do
you do 50 miles north of Cabo?

You know, I got a
little charter business.

You know, I take tourists
out fishing now and then.

I don't need much down there.
You know, the drinks are cheap.

- And so are the women.
- And how do you know Dr. Schafer?

From college. We were
in the same fraternity.

So you two are close.

Yeah, we stayed friends, and
every time I come up the coast,

I stop here, I give him a call.

See if he's too successful
to come play with me.

And that's what you did the
last time you were in town?

You called him up and
invited him on your boat?

Yeah, yeah. We went down to
Ensenada for a few days, you know.

Fishing and drinking
beer. The usual stuff.

I'm unfamiliar with the usual
stuff. Could you describe it?

You know what?
It's your lucky day.

I have video. That's our
trip to Ensenada right there.

(TOPPER LAUGHING)

Next best thing to being
there. Knock yourself out.

It's gonna come up.
He's still taking the line.

I can't put anymore drag on him.

I'm gonna break the line
with anymore drag. It's going.

BARNES: Yeah!

You go in there to break Schafer's
alibi, you wind up making it stronger.

BARNES: Pretty big deal.
I told you, pal. I told you.

Chief Johnson, I think
we need to accept the fact

that Dr. Schafer
may be innocent.

I don't. Lieutenant Flynn and Provenza,
follow up, please, on Mr. Barnes.

Make sure that he really has
been out of the country all this time.

Lieutenant Tao and Buzz,

I need you to make sure
that this video is genuine.

And Detective Sanchez,
check out those boats, please.

Find out who... Wait a minute.

DANIELS: What is it, Chief?

Who was holding the camera?

Someone was videotaping you.

(STUTTERING)

You know, when I go out, I just
hire these local guys right off the dock.

There's a million of them. This
kid's name, he... I don't know, Carlos?

I'd never seen him
before. I paid him cash.

As soon as we docked, he
took off. Nothing illegal there.

Why didn't Dr. Schafer
tell us about Carlos?

Two alibi witnesses
are better than one.

I don't know. Maybe he
didn't remember his name.

- And where is Carlos now?
- I don't know.

I told you, he took off
as soon as we docked.

You want to go down to
Cabo, I'll sail you down there.

We'll go on a Carlos hunt.
Just you and me. It'll be fun.

(DOOR OPENS)

(EXHALES)

You don't even
want to say hello?

Hello. I'm tired.

And I have to go straight back to
work. So, now is not a good time.

That's all right, 'cause
I don't have a lot to say.

I got both the DUIs you were asking
about in my own car, off the clock.

And after the second one,
I went directly to my office,

I reported what happened
and put myself in rehab.

Which saved my job.
Maybe my life, too.

Is that why Elaine divorced you?

- The drinking?
- Her name is Cindy.

My ex-wife's name is Cindy. Okay? I
don't even know anyone named Elaine.

And Cindy's another story.

The reason I never told
you I was an alcoholic

is because I don't want you to be
concerned or worried about something

that is basically my problem.

The way I look at it, that part of
my life, the drunken part, is over.

See, being an alcoholic
is not such a bad thing,

as long as you don't
pour yourself a drink.

Maybe you feel
differently about that.

But you had a lot of nerve, Brenda.
Calling me a liar. A lot of nerve.

What's that supposed to mean?

It means it's funny being
accused of being dishonest

by someone who
lies all the time.

- I do not lie all the time! When?
- You lie all the... When?

You lie to your parents. In fact,
you lie to your parents so much

we had to have an extra phone
line installed for over a year

so they wouldn't
know I was living here.

You lie to Pope constantly
about what you do at work.

You lie to me now when you
say you're going to do something,

like look for a house,
when you know you're not.

You lied when you said you
put this place on the market.

You promised you'd do that
three months ago and never did.

That is not a lie. It's
just... I get busy, that's all.

- It's not the same thing!
- You know, you're right.

It's not the same thing. You and
I, we have different flaws, Brenda.

But I have been more, I have
been more than patient with yours

because I am pretty
aware of how bad mine are.

But for you to say
that you don't trust me?

To suggest that our whole relationship
is on the line because of mistakes

I made before we started dating?

You throw the word "if" at me,
while you're wearing that ring?

Okay.

That's as much of an
explanation as I have right now.

(EXHALES)

I hope it's enough.

(BRENDA SNIFFLES)

(DOOR OPENING)

(DOOR CLOSING)

(SNIFFLES)

(EXHALES)

- Chief?
- Yes?

The alibi holds up. No filters. No
layers. Nothing but hand-held video.

And the location
where they are in this...

Sorry. The location
where they are in this shot

is just off the coast
of Ensenada, Mexico,

between the hours of 2:00 and
4:00 p.m. Pacific Standard Time

on the day of the murder.

How can you be so sure?

Do you see that cruise ship
in the background, Chief?

That's the Pacific Western. It
only docks in Mexico twice a year.

The fact that it is heading out to
sea verifies time, date and location.

(BRENDA SIGHS)

It's almost as if Dr. Schafer
knew he was going to need an alibi

when this video was taken.

Oh, and I checked into
Mr. Barnes' charter company.

It's for real. Eugene's Boat Service.
Based out of Cabo San Lucas.

And it's seasonal, like he said.

Detective Daniels, what
do you have for me?

The FLARPL.

They're usually issued when there's a
question how the attorney will be paid.

And Dr. Schafer is a
highly-successful ophthalmologist.

Yeah, so why would his wife's attorney
need to put a lien on their house?

I don't know. I can't explain where
the money from his practice goes.

He doesn't seem to take
anything from his business, really.

(STUTTERS)

(BRENDA SIGHS)

I feel like I haven't done my best
on this case, and I don't know why.

- I'm sorry.
- That's okay. We all make mistakes.

Maybe I... Maybe I
made a really big one.

In fact, the only person
I've run into all week

who seems to have a good
explanation for everything, is Dr. Schafer.

All right, Detective Daniels,

Valerie Henry said that the victim's
billing information wasn't privileged.

So, see if you can get
a hold of that... FLA...

- FLARPL for me, please.
- It's a public document.

I can't get it until Monday.

Or, Mrs. Henry might
be able to help us.

I have the financial files.
What would you like to know?

Your husband asked for
and received a FLARPL.

But Dr. Schafer's a wealthy man.

A judge could have ordered him to
write a check for his wife's attorney fee.

Yes, usually that's what Ollie
would have recommended.

But it turns out, not surprisingly
since he was having an affair,

that the Schafers' bank
accounts were nearly empty.

So, Ollie did a little investigating
and he found out that the doctor had,

a couple of years ago, put a
lot of money into a second home.

- So, he put a lien on that residence...
- I'm sorry. A second home?

(MUMBLES IN RESPONSE)

In LA, too. Very close
to his primary residence.

Isn't that odd?

And then when Dr. Schafer found
out about the lien on that residence,

he hit the roof.

Threatened Ollie.

- And your ex-husband told you that.
- Oh, no, no.

Ollie took privilege seriously.

And he didn't want me
to worry about threats.

No, I was there. Dr. Schafer
came into the office.

And the only other thing I can tell
you is that Mrs. Schafer asked Ollie

to take her to this
new house and he did.

But around that time Ollie and I had
an argument about the dogs and we...

And we never spoke again.

(SNIFFLES)

It looks like Mrs. Schafer

paid us by cashier's check
two days before Ollie died

to get the FLARPL removed.

And he released the lien?

Well, he probably would
have that Monday, but he died.

Or was murdered.

And if he was,
then it's my fault.

Because if I hadn't filed
for divorce from Ollie,

he never would have been
alone in the house that night,

and he never would have
made it to the bottom of that pool.

And here I am, living with everything
we've ever owned and it means nothing.

Because I don't have him.

If I had just...

If I...

"If"

is a very hard
word to live with.

But you're living here again?

Your ex-husband
never changed his will?

Yes. Well...

Yes, I guess he was a bit
neglectful of his personal papers.

Or maybe he wanted
you to have this place.

That, in spite of
everything, he still loved you.

Maybe. I guess.

(SNIFFLES)

All right.

Dr. Schafer's other property,

the one the FLARPL was
issued against, is in Westwood.

How is it that we're just
hearing about this property now?

I've been through the Schafer's
finances and nothing like this came up.

It wouldn't because it's
not in the Schafers' name.

It's owned by Jonathan Schafer's
practice. Listed as a second clinic.

But it's not in an area
zoned for business.

- BRENDA: And the address?
- 2501 Partridge Drive.

(DOOR CREAKING)

(THUDDING)

(SIGHS)

(BRENDA SIGHS)

Lieutenant Flynn.

Fancy meeting you here.

Chief, you have no idea.

Hey, Chief. Every room
in the house is like this.

There must be close
to 4,000 plants here.

I'm telling you, this much marijuana
has got to be worth 10, 12 million dollars.

And how did following up on
Mr. Eugene Barnes lead you here?

Well, guess who gets his mail
delivered to 2501 Partridge Drive?

Utility bills. Bet they're using an awful
lot of electricity to run all this equipment.

And, gee, I wonder what Mr. Barnes
uses his boat for in the off season?

Oh, for heaven's sakes.

- Mrs. Schafer, is your husband home?
- What is this about?

- I have a search warrant for your house.
- What the hell is going on here?

And an arrest
warrant for you, sir.

Jonathan Schafer, you are
under arrest for the cultivation of

and possession
to sell marijuana.

SANCHEZ: You have
the right to remain silent.

Anything you say can and
will be used against you.

- Jonathan, what is going on?
- Call Cordry.

- Have him meet me downtown.
- Daddy?

- It's okay, honey.
- Don't lie to your daughter.

FLYNN: Did you hear and
understand these rights?

Yes. Kristen, have
Cordry meet me.

- Honey, go to your room right now.
- Lieutenants Flynn and Provenza?

- Arrest Mr. Topper Barnes?
- If you would, please.

Our pleasure, Chief.

(PROVENZA WHISTLING)

No, thanks.

SCHAFER: Sit down, all right?
Sit down. Let's just sit down. Relax...

He's very good at what he does.

The best thing to do
is not to say anything.

Mr. Cordry. Dr. Schafer. Topper.

Your actions today are
those of a desperate individual.

First, you arrest the
wrong man for the murder

then you compound that error
by arresting Topper Barnes.

Sir, are you aware
that Dr. Schafer here

owns a house containing
4,000 marijuana plants

worth approximately $12 million?

He's an agricultural tycoon.

CORDRY: Deputy Chief
Johnson, I know what you're doing.

Schafer's going back to jail without
bond. He's gonna stay there, too.

Let his jerk lawyer explain why
his client is entering the courtroom

through the prison door.

And your other client,
Mr. Barnes, here, was his gardener.

So it seems to me that
you have a very big problem.

He's an ophthalmologist. Medical
marijuana is legal in California.

I use it for glaucoma
and cataracts.

Well, judging by the amount
of pot you have on hand, sir,

you must be bracing
for an epidemic.

Sergeant Gabriel,
let's get Garnett in here.

I believe we have our motive.

Dr. Schafer here
ma y have set you up

by having you register the
utilities at his house in your name?

Maybe he'll claim you
were renting the place.

Don't listen to her, Topper.

Allow me to excuse
your ignorance, ma'am,

by pointing out that medical
marijuana is available by prescription...

Please! Jonathan,
let me handle this.

Just because my client owns a
house in which marijuana was cultivated,

does not make him a killer.

And none of this, by the way,
is admissible in the current trial.

The fact that the victim put
a lien on your client's house,

a house containing over
$12 million of marijuana,

just might be of
interest to the judge.

Well, we'll see about that.

Wait a second. Take
it back a few frames.

Yeah, I saw it, too.

- It was right about...
- TAO: Stop, stop, stop.

SANCHEZ: Is that her?
BUZZ: Let me enhance this.

Doesn't look like
a Carlos to me.

Who's that in the
reflection? Do we know her?

Yeah. That's
Schafer's ex-girlfriend.

Though I'm beginning to
doubt about how "ex" she is.

A direct violation of
their constitutional rights.

(KNOCKING ON DOOR)

So, I'm not under arrest?
Or do I need a lawyer?

No, you are not under arrest
and you don't need a lawyer.

(BRENDA EXHALES)

Because, fortunately for you, lying
to the police is not against the law.

We just want to
straighten a few things out.

Have you tell us the truth this time,
since we already know most of it.

How about that? Have a
seat, if you would, please.

But I knew Jonathan
was innocent.

And he promised me that
you'd figure that out in the end.

Then why not tell us
that you were on the boat

with Dr. Schafer from
the very beginning?

I mean, you could have been his alibi
when we couldn't find Topper Barnes.

Jonathan asked me not to say
anything about being on the boat with him.

He thought my getting all wrapped
up in a murder investigation,

that it would hurt my career.

The scandal.

We all know how horrible scandal
is for an aspiring actor's career.

No. I don't think that Jonathan Schafer
was trying to protect you, Michelle.

- At all.
- He was, though.

He was. And he's innocent.

He was with me when
that attorney was murdered.

But if you were on the boat,
how come you're not in the video?

I mean, other
than the reflection?

Jonathan told me to just hold
the camera and not say anything

which was fine with me.

Anything to keep the
relationship going, I guess.

I mean, the whole weekend
was a surprise, anyway.

- A surprise?
- Yeah.

I found out that morning when
Jonathan showed up at my apartment.

He told me to pack and
then we went to the marina.

- In your car?
- No. Jonathan took me...

Are you sure? Jonathan picked
you up and took you to the marina?

Marina del Rey.

Okay. Thank you, Michelle.

Oh. Okay. Did I clear
things up for you, then?

Yes, you certainly did.

- Thank you.
- Thank you.

Chief, we received the security
photos from the Marina parking lot

and we got a match. Lieutenant
Tao has them in the electronics room.

- KRISTEN: Oh, for God sakes!
- Thank you, Detective.

- We're trying to solve this problem.
- You're not trying to do anything.

- Ma'am, you need to calm down.
- Don't tell me to calm down.

I have been sitting
here for over two hours,

waiting to talk to somebody.

Well, I'm just that somebody.
How can I help you?

I went to post bail
for my husband

and I was told that you and that horrible
district attorney requested no bond.

That's true, and I was hoping
you were going to come in

so I could explain
things to you.

The judge already decided that
my husband was not a flight risk, so...

That was for the murder.

That was before the court knew
about the $12 million worth of marijuana

growing at your husband's
Westwood house.

Now, his flight risk
status has changed.

So, Sergeant Gabriel,
would you please escort

Mrs. Schafer to the
electronics room?

Thank you. And I'll be right
there to straighten things out.

- This way, please.
- Thank you.

Mr. Garnett. Perfect timing.

- Deputy Chief Johnson, is it true?
- Is what true, sir?

Did you place Michelle Edwards
on the same boat as Dr. Schafer,

the weekend he supposed
to have murdered Mr. Henry?

- Well, yes, it is.
- Congratulations.

You've confirmed the
alibi of the defendant,

as well as the two people
most likely to have assisted him.

You know, honestly, I've come to
believe this case should be dismissed

because you arrested
the wrong man.

I have not arrested
the wrong man.

And before you dismiss the charges,
you might want to hear the confession.

- Besides, I need you to make a deal.
- A confession? Are you crazy?

Cordry's never gonna
let Schafer talk to you.

Do you want to win
your case, or not?

Come with me, sir.

Mrs. Schafer, I'm so
sorry to keep you waiting.

Would you like a tissue
or something to eat?

No. I just I just want my
husband home and I have to go.

I couldn't find a sitter.

And my daughter, Beverly, she's
been home alone for over two hours now.

Well, let me relieve your
mind about one thing,

because Beverly's here with us.

And we are keeping
her very safe.

What is Beverly...

(EXHALES)

What are you doing
with my daughter?

We're just asking
her a few questions.

Tell me, ma'am, do you ever
borrow your husband's car?

- No.
- Really?

Because Beverly
remembers things differently.

She says that Jonathan
drove your car to the Marina

the weekend Oliver
Henry was killed.

TAO: These pictures were taken
from a parking lot security camera

in Marina del Rey two days
before your attorney was murdered.

This is your car
entering the lot. Yes?

The vanity plates say Mrs. Eyes.

Same security camera, four
days later. Your car exiting the lot.

GABRIEL: And it clearly shows
your husband paying the cashier.

So, if Jonathan was driving
your car, the question is,

which car were you driving?

Or maybe it's like Beverly says,

"Mommy was driving Daddy's car."

What's going on here?

Mrs. Schafer filed for divorce with a
fine, upstanding attorney. A decent guy.

A former Eagle Scout. And
he went after her husband,

trying to find where he might
have hidden his resources.

And he discovered
a second residence.

And what did you find, Mrs.
Schafer, at that second home?

You know. I mean,
you know already.

I thought that we were doing so well
because Jonathan was a great doctor.

I had no idea that our money
was coming from selling drugs.

And Mr. Henry
said, "This is great.

"Your husband's involved
in a criminal enterprise.

"You're gonna get sole
custody of your daughter.

"And, after the government
confiscates his property,

"you'll get
everything that's left."

But "everything" didn't turn out to
be so much, did it, Mrs. Schafer?

- Oh, my God. They did it together.
- Just... Sergeant Gabriel.

Kristen Schafer, you have
the right to remain silent.

Anything you say can and will be
used against you in a court of law.

You have the right to an attorney,
if you cannot afford an attorney,

one will be appointed
to you by the court.

(SOBBING)

(SNIFFLES)

GABRIEL: Mrs. Schafer, do
you understand your rights?

I understand. I don't know
if I want to say anything.

Well, before you invoke
your right to counsel,

I wanna offer you something.

If Mr. Garnett will agree.

Because, without your
testimony on Monday,

your husband is going
to be found not guilty.

And you, unfortunately,
will end up on death row.

So, you have a
choice to make tonight.

Between life and death
for you or your husband.

And I want you to take a look
at your daughter on the monitor.

- No, not...
- Because if you tell me the truth...

Well, you might miss Beverly
growing up and getting married.

But there is a chance that you could hold
your grandchildren in your arms one day.

So, she killed Henry. She
murdered her own attorney.

It wasn't her idea. It was her husband's.
He planned it, and he gave her the Versed.

- Isn't that right, ma'am?
- Why would she do that?

Because when Mrs. Schafer went
to give Mr. Henry a cashier's check

so he would release the
lien on her husband's house,

he told her that he was
obligated to call the police.

And the millions of dollars
that she expected to get

from her divorce settlement
just disappeared. Didn't it?

There would be no
alimony, no child support...

No, Jonathan and I were not
getting a divorce. We made up.

I paid Mr. Henry what I owed
him and that is the end of the story.

You can't prove anything
against Jonathan.

Without your testimony,
that's probably true.

But I can prove that you
murdered Oliver Henry.

And after your husband is acquitted, I
fully expect him to testify against you.

He won't. And anyway, he can't.

Spouses can't testify
against each other.

Except in cases of conspiracy
to commit murder, ma'am.

That's a pretty big exception.
One you can count on me to exploit.

Call me. And I'll
plead the Fifth.

And Jonathan will never say
a word against me. Not a word.

Oh, I think he might. Have you
ever seen your husband's alibi video?

Have a seat, ma'am.

Sorry, ma'am.

Looks like your husband
brought a guest on board.

- Does she look at all familiar to you?
- Oh, my God. Oh, my God.

(SNIFFLES)

What do you want me to say?

Was killing Mr. Henry your
idea or your husband's?

It was Jonathan's.

Second degree murder.
Possibility of parole.

If you tell the complete truth at
your husband's trial on Monday.

And for Jonathan?

You'll go for the death penalty?

I'll definitely ask.

Jonathan threatened Oliver.

And he made sure that
people knew about it.

And then he left town.

He even took my car so that I could use
his to go over to Mr. Henry's that night,

so if people ended up
thinking it was a murder

they'd believe that Jonathan
had been there himself.

He'd be a prime suspect

with a rock-solid alibi.

While you, who have no reason to want
Oliver Henry dead, would murder him.

Yes.

How did you do this?

I went to Mr. Henry's
house slightly hysterical

about how I was going
to live without any money.

And I had the Versed
my husband had given me.

Mr. Henry offered me
a drink to calm down.

And he had one, too.

And then...

I called Mr. Henry from my
husband's cell, which I had in my purse.

And when Mr. Henry got
up to answer his phone,

(SIGHS)

I put the Versed in his drink,
just like Jonathan told me to do.

I tried to get him
up and outside.

I carried him part of the way,
balancing him on my shoulder.

But he was heavy

and he fell.

First to his knees and then

I dropped him

and he hit his head.

And then I dragged
him the rest of the way.

And did you push
him into the pool?

Yes.

- Did he struggle to get out?
- No.

Why, Mrs. Schafer, why
did you do this terrible thing?

Because Jonathan
said that I had to.

My husband told me that we would lose
everything and go to jail if we didn't do it.

And that if I
would just trust him

we could go back to
the life we used to have.

Thank you, Mrs. Schafer.

Your witness.

Your Honor, we request
a recess of one hour

in which to consider how
to respond to this testimony.

Take two hours, Counselor.

This court will recess
until 3:00 this afternoon.

(ALL CHATTERING)

(ALL LAUGHING)

(ALL CHEERING)

BUZZ: Some bubbly!

Sergeant, you're going
to have to skip me.

I'm going to stick with my
usual cranberry and soda.

- No champagne?
- Here, take a look at this.

- I wear this all the time. Ten years in AA.
- Oh, you're kidding.

Well, you see, Chief,
when I used to drink,

- I could be a little bit of an asshole.
- Imagine that, if you can.

(ALL CHEERING)

(ALL CLAPPING)

- That's what I'm talking about.
- Sergeant, just a little for me.

If I drink too much, women
take advantage of me.

- Give me my ring.
- For me, just a drop, Colonel.

Just a drop.

- Serious headache.
- You guys are so full of it.

This is good stuff. Here,
pour me their shares.

Drink up, Lieutenant.

I can give you a ride.
You're on my way home.

Well, in that case, pour
me Flynn's share, too.

Fine with me, baby.

- Chief?
- Thank you.

Okay, we're all ready. Sergeant
Gabriel, you should make the toast.

It'll be good practice, in case
he ever decides on a career

where public
speaking is necessary.

TAO: Sergeant! FLYNN:
Let's go, Sergeant.

Let's go. Come on,
Sergeant. And don't hold back.

- We already know you're a suck up.
- Oh, yes, thank you, Lieutenant.

That's very helpful. Okay.

For keeping the team together,

despite some
pretty hefty pressure.

And for trusting her instincts.

About us, too, by the way.

And for how she
always works so hard

to get her man.

I say, "Hail to the Chief."

- The Chief!
- The Chief!

Well, that was...

Well, y'all are
a little bit like...

(EXHALES)

A little like my own...

Oh, for heaven's sakes.

(LAUGHS)

Thank you and right back at you.

All of you...

- Cheers.
- Cheers.

Now, Gabriel, send the
rest of that bottle over here.

- Oh, yes, of course.
- Thank you. I've got me a ride home.

(ALL LAUGHING)

(ALL CHATTERING)

I can't get...

Gary "doesn't lie"
Novak stopped by.

Apparently you put the
house on the market.

Well, you have to do
that to sell it. Apparently.

Though, where we'll go
after that, I have no idea.

Since we haven't been able
to find anything we can afford.

And, honestly, the idea of
strangers walking around my stuff

bothers the living
daylights out of me.

(EXHALES)

And I thought I said that we
would wait and sell this place

after we found something
else and were moved out.

But

I guess that's not what I said.

(EXHALES)

I'm sorry we fought.

I'm sorry I didn't tell
you about the drinking.

And I'm sorry.

I'm sorry I said all
of that about you.

No. No.

I'm not always straightforward.
You were right about that.

And I don't always
know the right thing to say

so I say the thing I know the
other person wants to hear.

It's an occupational hazard.

And I miss chocolate so much.

(EXHALES)

I just think I'm going crazy every
time I pass a vending machine.

It's a physical thing.

It's a very,

very physical reaction I have.

So physical that, sometimes,
I don't know what to do.

It's possible I could
help you with that.

If you want.

I don't know. Because I want

a Ho Ho

in the worst way possible.

I don't have a Ho Ho,

but I do happen to have

a sugar-free...

(EXHALES)

That's not sugar-free.

BRENDA: Now you're lying again.

English -SDH