The Defenders (2010–2011): Season 1, Episode 1 - Pilot - full transcript

Hey, what was that one?

You're ok. It's American.

Look what you've done to my face. It's like
a brittle path when you don't shave.

My face feels like raw hamburger meet.

Feel like that anywhere else?

You naughty.

Good lord, what is so interesting
about a billboard?

What billboard?

Oh!

I guarantee you
that's my plane.

Um... I'll see
you in two weeks?



And maybe next time,

we can go out for dinner.

Anywhere you want.

Thanks for flying Tawney.

- You're late.
- Me?

Come on. Just follow me.

And whatever you do,
don't smile.

Oh. I won't.

- Ok, dear judge.
- Jerry.

Hey.
How you doing? How's the kid?

Hey. Good.
Thanks for asking.

Good. I'm, uh, here
with the new judge.

Honorable Lisa Tyler.

She looks a lot younger
than she actually is.



Morning, Judge.
Thank you, Jerry.

Thank you. Come on.
Come on. Come on.

Just go.

Judge Tyler?!

Nick, where the hell are you?
We're going to miss the whole...

What? What?

Oh, stay there.

No, stay there.
Unbelievable.

Oh, deja vu.

Could've sworn I saw you
in that suit and tie yesterday.

Hi. Good morning.

Good morning.
Of course. I'm sorry.

Meredith Kramer of
the DA's office,

this is our new associate,
Lisa Tyler.

Oh, the ex-dancer. Yes.

Welcome. And congratulations

on joining Morelli-Kaczmarek.

I guess no respectable
firms were hiring.

Crack-up.

Lisa's going to be working
Ray McWhorter with me.

Oh, great. Well, um, listen,

don't waste your time
on the kidnapping,

because those charges
won't go away.

And remember, no lap
dancing for the jurors.

Could be contempt.

Excuse me.
I-I'm not... Ignore that.

We got a case to try,
and it's against her.

So, it's, uh, kidnapping...

Oh, there's Ray. Ray.

Hey, Pete. How are you?

- He's just a kid.
- Okay...

We are way down the list.

Hold down the fort.

Wait. Wait. Uh, you're leaving?

Yeah. Nick and I
got something big.

Just make sure he says,
"Not guilty".

No, no. Hang on. Hey.

What are the charges?
The...the kid.

I don't know...
It's all in there.

Case number, everything.

It's just an arraignment.
Not guilty.

You should probably take a seat.

Case number 09-F26-139B.

Good morning.

He's over there.

Another one.

Hey, Nick. How you doing?

It's awful. 20 years,
and a guy gets this.

Are you out of your damned mind?

Am I?

You had your wife followed.

Are you nuts?
She's cheating on me, Pete.

Cheating? She...
she's got a book bag, Nick.

The guy gave her a
ride home from school.

On a motorcycle!

No more. No more.
We're cutting him off. No more.

Come on. Come on.
Come on. Nick! Nick...

You guys are separated.
She can do what she wants.

Oh, she can cheat?

She can't cheat, Pete. Come on.

All right, look.
Look at her. Look at her.

Look at the smile on that face.
Nothing. Nothing. Nothing.

What do you mean, nothing?
Look at how close they're standing.

All right, you got a hug, Nick. That's it.
No kiss; just a hug. Look at the hand.

Look at the hand. She's pressing him.
She's pressing! No, they're hugging.

It's, like, a polite tap.
It's like, "What's up, bro?" Give me that.

Jay, does that look
like just a hug to you?

Give me these.
It's 10:30 in the morning.

We're going to miss the whole thing.
It's going up.

And lose the photos, okay?
It's embarrassing.

All right, all right.
Stop having your wife followed

or I'll file a restraining order myself.
Okay, okay!

I don't know. I just thought
things were starting to look up.

That's all. I mean, she started
laughing like she used to.

I even... I was going to
take her out on a date.

Gonna
take her to see Junior.

I had a table right in the front.

Whoa, whoa, whoa.
You got tickets to Junior?

Ah, does it matter anymore? Yeah.

I've been trying for a damn month.

Zoe, what's up?
We're on our way in.

When? When?

Okay. Tell him we're on our way.

We got to get you a coffee.
Collect call from County.

Dan Shepard.

Door.

Hey, Dan.
You all right?

Sorry, guys.

Can't do it.

Can't take the plea?
It was a mistake.

I-I can't just agree
to go to prison.

Uh, Dan, uh...
you want to go to trial?

Really?

Yeah, you... you
said you were ready.

The judge was ready.
Yeah, yeah, yeah,

but we informed the
court last night

that you accepted
the State's offer.

But there's still a jury, right?

So we just stick
with the not guilty

and-and we just go ahead.

Well,
we could do that,

but you got a good deal.

Three years is a good deal.

Oh, come on. Good?

A bunch of guys beat
my brother near death,

- Okay...
- and I go to prison?

No.

Look, Dan, anyone could have done

what you did... I would have...

but the DA is not
interested in justice here.

This is about winning.

Yes, and they can win.
You know that.

We explained that to you.
I changed my mind.

I-I can do that.

It's "open murder" in Nevada.

Okay? They can throw everything:

first degree, second degree,
manslaughter.

They will bury this
jury in charges.

They'll confuse them.

The jury is a wild card here, bud.

They could... they could
give you 40 years.

The three you do with this plea
gives you a chance to have a life.

No. What kind of life is that?

I didn't do anything wrong.

Look...

You want to go into court tomorrow
and tell them to shove it?

We'll do that.

But do me a favor, all right?

Sleep on it.

I'm sorry, Nick.

No deal.

I'm just saying,

be bold.

"Be bold," my ass.

He's tossing a great deal.

Bad decision.
Not if we win.

You know how dumb that sounds
coming from a Vegas lawyer?

I'm just saying.

I know what you're saying.

"Be bold. Bet the house on red."

Not your life you're risking.

All right, here we are.

I don't think we missed it.

Nick, you ready for this?
Wow.

We didn't miss it.

We didn't miss it.

Wait for it, Nicky.

Wait for it.

Whoo!

Son of a... We didn't miss it!

Would you look at that,
Nicky? We're huge!

Yeah!

Yeah, we're big-time, baby.

Come on,
do the stance, Nicky.

Do the Defenders stance,
like in the poster.

Come on.
Ah...

Come on! Do it! Do it!

Yeah!

Yes, baby!

The Defenders!

Morelli-Kaczmarek.

May I have him return?

- Thank you.
- Aspirin, coffee.

Hold my calls.

Nick? Pete?

- This is...
- Eva.

DeMoan. Yes, of course.
We are, uh, huge fans.

Please let us know if we
can be of any assistance.

You found the best
adult film lawyer

in the business, Ms. DeMoan.

We are very proud to
have Lloyd with us.

After you.

Bye.

Pretend you're a professional.

Messages. Zoe.
Bill Diemer from Winston-Kerner.

Your contractor says he's
almost done with your bathrooms.

You should be out of that
hotel in about a week.

And some Nina,

staying at the Wynn,

said you'd remember,
which I'm sure you don't.

Just give me that.
Any luck with Junior?

I tried everywhere.
Those tickets are gold.

It's impossible.

Wrong answer. Keep trying.

Morelli-Kaczmarek.

Hey.
How did Ray plead?

May I close this?
Sure.

Not guilty.
Great.

Nice work. What's up?

It's none of the DA's or
anyone else's damn business

how I put myself
through law school.

Agreed. Did not get it from me.

I will not work like this.

I don't give a rat's ass
you're the only law firm

that offered me a job.
I'll go back to dancing.

Ray McWhorter is not
some case number.

And you sent me in that courtroom

completely unprepared
to represent...

Not guilty. You entered
the right plea.

What the hell,
Pete? That doesn't matter.

I was representing a young boy

in court not knowing a
damn thing about him.

Okay, okay. What do you know now?

Take me through it.

Well,

to begin with,
he's a mixed-up teenager

without a record who
robbed his pot dealer.

Pointed a gun... yes,
that's a serious crime,

but the kidnapping charge
is just ridiculous.

How so? You got movement.
You got risk.

Telling the dealer to move
ten feet into his own bedroom

to get the pot was
incidental to the robbery.

Kidnapping would
be dual liability.

Okay. All right.
You're a big girl.

Just graduated law school.
What would you do?

- I would fight the kidnapping, but that...
- Look at that.

Perfect. There you go.

You figured out the whole case:
the defense,

that the prosecutors are
overcharging scumbags.

And all I had to do was
get you to court on time.

But that's not my...
my-my-my point.

My point is-is that...

Lisa, have a seat.

My first day,

Nick tossed me in the deep end.

End of that day,
I'm in his office.

I'm screaming at him.

"I could have made a mistake.

These people are counting on us,
you son of a..."

And I just look up,
and he's smiling.

And before I could punch him,

he says, "I'll be damned.

"I thought I was the
only one dumb enough

to care so freakin' much."

Lisa... you're going
to be a great lawyer.

And right now we need all hands

because Dan Shepard
is going to trial.

Thomas Cole for the people,
Your Honor.

Nicolas Morelli
for the defense.

Pete Kaczmarek for the defense,
Your Honor.

Good morning, gentlemen.

I'm informed we have a
disposition in this case?

No, Your Honor.
No?

Not today?
Not at all, Judge.

Mr. Shepard maintains
his innocence.

Mr. Shepard,

you were offered a plea,

voluntary manslaughter with
a sentence of six years,

that with good behavior
could have you out in three?

Your Honor...
Sir,

I can tell you your lawyers are very
good at certain things,

and the deal they have
made for you reflects that.

But trial is an uncertain bet.

Conviction on the
most serious charge

against you could lead

to a term of 40 years to life.

Do you understand that?

He understands.

I'm talking to him, Counselor!

Do you withdraw your deal

with the state and maintain
your original plea?

Uh, yes, Your Honor.

Not guilty.

In light of the late-changing
circumstances, Your Honor,

we would request
more time in order...

Continuance denied.
We still have a jury.

I see no reason to delay Mr.
Shepard's day in court.

I will see you at 9:00 a.m.

Tomorrow, Your Honor?!

Talk to your client, not to me.
Let him know

what he has just stepped into.

You are risking...
Good-bye, Counsel.

They were all over him,

just pounding him,
kicking him, swinging.

They could have killed him.

I came out,
and the-the guy rushed me,

so I-I shot.

I thought I shot the
ground just to scare him.

God, I did not mean
to kill anybody.

I was only trying to help Scott.

I don't know.

Maybe I could have done it better.

There, "Maybe I could
have done it better."

The D.A.'s gonna rub the
jury's nose in that;

say it's an admission of guilt.
So we introduce it first.

Stress how he's trying
to save his brother.

Pete, he says it!

"Could have done it better"!

How do we fight our own guy's words?
Nick, he shot a guy.

- Only a real dirtbag doesn't
feel some guilt. - Yeah?

You got a shrink that's gonna
testify to that?

Because we got nothing.

They got forensic evidence

that says Dan shot
the guy in the back.

We got squat.

- No witnesses, no docs.
- We play the hand we've been dealt.

We've done it before.

Oh! Sammy's game starts at 5:00.

I promised I wouldn't be late.

Hey, this-this PD interview

of Dan's neighbor Eunice Brown
says she witnessed the fight.

Yeah, forget that. Been there.

Eunice Brown is 200 years old
and legally blind.

Well, wait, Nick, though.

She says, "I could hear them yelling.

"We went to the window,
but I couldn't see."

So?

Guys, according to PD,
the woman lives alone, husband's dead,

but "we went to the window"?

So who is "we"?

Find out.

Yeah!

Go! Whoo! Come on! Come on!

Go, go, go, go, go! Yes! Whoo!

Excuse me.

Hey, Jessie, Jessie,
I am so sorry I'm late.

Oh, no. What time is your class?

Yeah, I'm okay still. You're okay?

Yeah, yeah, yeah.

It's 2-2. Sammy
walked in the third.

He scored the tying run.

- He scored?
- Yeah.

Hey, Sammy, way to go, champ!

That's my boy.

He scored. Yeah.

How about you?

You score lately?

- What?
- Maybe a little birdie told me

that you had a date last week.

Excuse me?

Five-ten, rides a motorcycle.

A little bird?

What the hell does that mean?

What?

Did you have me followed?

What?

Did you have Frank follow me?

- I didn't say that.
- You did!

- Oh! My son of a...
- Jess, Jess, Jess,

there's no reason to get
bent out of shape here.

A little bird told you that?
It's around.

There had better
not be any photos.

Oh, there are photos!

Oh, my God! I can't...

You know what? It is none of your business
if I am dating or not.

So you can go tell that
little bird to go and fly into a wall.

Sammy, wake up!

It's all right. It's all right.

It was just the usual party

after the football
game at my house.

A bunch of guys stayed over,
including John.

That would be John Thompson.

Yeah, he was my best friend.

I really didn't even
know why it happened.

I mean, we didn't
want any trouble.

But trouble found you, didn't it?

- Objection.
- Sustained.

Let's go back to the night
before the shooting, Mr. Ford,

at your party after the game.

You spoke to the police.

Some neighbor called

and said we were being too noisy.

And did the police say who it
was that made the complaint?

No. Just a neighbor.

Yes?

- Eunice Brown?
- Yes.

Hi. I'm Lisa Tyler
with Morelli-Kaczmarek.

- We represent Daniel Shepard,
your neighbor... - No!

I won't get anyone in trouble.

In trouble? No, of course not.

Um...

You know, I'm sorry.

I'll leave you alone.

Went out for breakfast.

It was me, Mike, Ford...

and John.

- That would be John
Thompson the victim. - Yeah.

When you got back to Mr.
Ford's house after breakfast,

did you find his neighbor,
the defendant?

Yeah. He was out in the
street with his brother,

screaming how Ford
slashed his tires,

for calling the
police on the party.

But Mr. Ford has testified
that he didn't know

who called the police.

- Did you know who called the police?
- No.

Dan Shepard hit you, did he not?

Yeah. I got out of the car,
and he sucker punched me.

That's when the fight started.

Over car tires.

Did you slash his tires, Robert?

- No. Why would I?
- Right. Why would you?

Or Ford or John,

- who lost his life,
- Objection.

over something stupid
that none of you

- had a motive for.
- Objection, Your Honor!

Sustained.

Mr. Cole, leave the
editorial for the papers.

No more questions.

Okay, uh, Mr. Church,

you testified that the
fight started here

on the street in front of Mr.
Ford's house? - Yes.

And it ended there in
the Shepard's drive?

Is that about right?

- Yeah. Yes.
- How did the fight get from here...

- to there?
- I don't know. It's a fight.

- They go all over.
- Oh, you been in a lot of fights?

- Objection.
- What? He says he knows fights,

- he knows how they go.
- Keep it short, Counsel.

How many fights you
been in, Mr. Church?

One to five?

- Five to ten?
- A few, okay?

- I don't start them.
- Have you ever lost one?

Probably not, right?
Look at you. You're a big guy.

What are you, 200, 245, 250?

Actually, in your high
school football roster...

Got Ed Ford here as 210,
Mike Weiss is...

Wow, 260 pounds.

- And John was 220.
- Judge, is there a question here?

It's the same, Mr. Church.

How'd the fight

get from here to there?

I mean, four big
football players

against two skinny guys.

Did you push the Shepards here?

Or did you chase them?

Hola.

Excuse me. What's your name?

Ana.

Ana, I was wondering
if we could talk?

It's about the neighbor,
Daniel Shepard.

The shooting?

You're saying that you were
inside Mr. Ford's house

when you heard yelling,
Miss Novak?

Yes. I went out into the yard,

and saw them. They were
over by the other house.

The other house?
The defendant's house?

Yes. They were all fighting,
and I was, like, "John!

"John, stop!

Let's just go, okay?"

And that's when it happened.

He walked out of the
house with a gun.

I could see it...

and then he just shot John.

He just shot him.

You!

He was on his
knees begging you!

And you shot him!
You shot him in the back!

Thank you, Miss Novak.

Yeah, it didn't go so well,
but we're headed back in now.

Zoe, let me call
you from the car.

Hey, Scott.

How you holding up, man?

You should have convinced
him to take the deal.

- Scott, it was Dan's decision.
- It was a mistake.

Hey, you know...

You should have convinced him.

Hamels has been on his game.

He delivers fastball.

Swung through, and the count
evens up at one and one to Uggla.

Hey, Sam, what are you doing?

Eat your vegetables.

I don't like vegetables.

It's on a pizza!

Hamels is in with the
sign one more time.

There's Chase. And the delivery.
Oh, it hits him in his back!

Whoa! It could
have killed him!

A fastball, up and in,
hits Uggla in the back.

And he'll be the first base
runner tonight for the Marlins.

Mmm! Mmm!

You're a good boy.

All right, I'm here.

What you got?

Fight's under the carport.

Dan goes into the
house to get the gun.

He comes out the door here.

Thompson is somewhere
in between.

I figure right
about there, right?

Nick, we got to be
downtown in 20 minutes.

Okay, you be Thompson.

You stand right there.

I'll be Dan.

And when I come out the door,

you rush me.

Hey!

Hey, what the hell
is your problem?!

You jerk!
This is a $200 shirt!

I'm sorry.

I got another one in the car.

The bullet entered the trapezius
muscle and traveled down,

through the torso,
exiting the oblique.

And what does that
suggest, Doctor?

Put simply, the victim,

Mr. Thompson, was shot
in the back from above.

Like an execution?

Objection.

Move to strike.

Strike that.

Thank you, Doctor.
No further questions.

You're a baseball fan,
right, Dr. Pitts?

I watch a bit, yes.

So you've seen it when a
batter gets hit by a pitch.

Before he gets hit, he turns
away so he doesn't get beaned.

It's human nature, I suppose.

Wouldn't it be
human nature then

for John Thompson,
when seeing the gun,

to turn away,

resulting in the bullet

going through his upper back?

It's possible.

Possible.
Possible that Thompson

turned away from the
gun- he flinched?

Yes, perhaps,

but it's not simply the turning
away that's important here.

Right? It's the angle of fire.

- Okay.
- The trajectory.

The bullet entered
here and exited here.

I have no choice
but to conclude

that the shooter stood
over the victim,

who, I suspect,
was down on his knees.

Wow. Chajectory?

Trajectory. Right.

Chajectory told you all that?

Yes, it's a matter of the relative
heights of the defendant and victim.

Oh, I get it. Okay. So then,

would it make a difference
in your chajectory

if John Thompson were,
say, four feet tall?

- Excuse me.
- Or Daniel Shepard

was eight feet tall?
Would it make a difference?

Obviously,
but there's absolutely...

Oh, okay, okay, okay.

Your Honor, defense
exhibit four and five.

Here, Doctor, here...

There.

Between the door frame
and the driveway...

does that look like
a step to you?

Where? I don't see any...

A step,

right outside the back door,
24 inches above the driveway.

Objection. He's testifying.

Okay, I'll rephrase that.

Okay, Dr.
Pitts, if Daniel Shepard

were above John Thompson

when he shot, say up on a step,

if he were eight feet tall,

would that account for
the bullet's chajectory?

Yes, I suppose.

Thank you so much, Dr. Pitts.

Oh, I'm sorry.
I need those photographs...

Objection! Your Honor,
there's no room

for these antics in a serious
courtroom! Mr. Morelli,

- I'm warning you.
- I am so sorry.

Oh, Doctor...

I'm so sorry I got
water all over your...

back.

Morelli-Kaczmarek.
May I help you.

I'll let him know.

Nick in yet?

At the courthouse
with Lisa. Already?

Mm-hmm. Your billboard's
working, Pete.

- Give me the short version.
- Okay, Mrs. Campbell had

a statue fall on her
feet at Caesar's.

And Candy and Mandy and their
agent are here to see Lloyd.

And Mr. Wallace got married last night,
and he needs an annulment.

Oh, and sorry,
still not luck on Junior.

Oh, great. I can't
deal with this now.

Call Lloyd. Just have him take names
and numbers. I've got to get to court.

Pete...

Defense calls Ana Mendez.

Your Honor,
may we approach the bench?

I need a recess, Judge.
This witness was only added today.

We only found her
yesterday, Your Honor.

Recess now and he'll have her in
an immigration court by sundown.

- I resent that.
- I don't care.

Do it fast, Mr. Kaczmarek.
I want this trial over with today.

We went to the window

when we heard the
yells and screaming.

Screaming?

From the girl
watching them fight.

Defense exhibits

seven and eight, Your Honor.

Is this the girl?

The girl we saw
crying in court?

Yes.

This is a photo of
her last weekend

that we found on a
social networking site.

You heard her screaming at
John Thompson to stop fighting

and come with her,
as she testified here in court?

No, she was screaming,

"Kill him. Kill him,
" To the ones fighting.

"Kill him"?

"Kill him. Kick his head in."

She was cheering.

Cheering? Cheering who?

The ones kicking the boy.

The four of them,
kicking and pounding.

He was cornered like a dog.

What happened next,
Miss Mendez?

A gunshot.

And then I saw a
man at the door.

It was all very fast.

All right, let's just make
sure that we have this right,

Miss Mendez.

You heard the shot
and then you saw

a man at the door...
Dan Shepard.

That's exactly how
you remember it?

Yes.

And then they ran.

Except for the one who didn't.

One last thing, Miss Mendez.

Why not come forward before

and tell the police
about what you saw?

There were others who saw.

And I was afraid.

But when you spoke
with Miss Tyler,

you decided to take a big
risk and testify today. Why?

Miss Tyler said if it
was my brother here...

This is the right thing.

Thank you.

The defense rests, Your Honor.

The people would request
instructions to the jury on

first, second and voluntary.

We have proposed language.

Your Honor, there was no evidence offered
for first. You can't just throw that in.

Ms. Novak testified she saw an
execution. And the M.E. Corroborated.

Novak lied, and the M.E.
Embarrassed himself.

Enough. Ample evidence
was presented for first.

I'll also instruct on
two and manslaughter.

Here's language for the Crawford and your
involuntary instructions, Your Honor,

The people object to
instructing on involuntary.

What? Excuse me?
Involuntary's for accidents.

- Can't have an accident with a gun.
- Like hell you can't.

This isn't a hunting mishap.
He fired the gun with intent.

Intent to scare them off.

He didn't intend
to kill anybody.

This is involuntary
at worst, Your Honor.

Pulling a trigger is a
voluntary act, Counselor.

Judge, that is
not the standard.

No evidence, no
instruction, Mr. Morelli.

There's your standard.
You are wrong!

We deserve to have them
hear the lesser charge.

Let the jury decide
intent, not you.

- I want this on record.
- You're on record.

I'm bringing the jury in.

We'll finish this thing today.

Screw him. Instruct them
yourself. What a jerk.

And when the defendant
left the fight

and returned to his house,
he could have called the police.

But no, he made a
different choice.

He chose to bring a
gun to a fistfight,

that started over
damaged car tires.

Premeditation doesn't have to be
months or weeks or even hours,

but just few coldly
considered choices.

The defendant

stood over John Thompson
and deliberately fired.

It was an execution.

Ms. Novak told you that, and Dr.
Pitts corroborated.

Dan Shepard made a
terrible choice...

...and John Thompson
paid the ultimate price.

Only you can make that right.

Thank you.

Mr. Cole is wrong.

Mr. Cole is wrong
on the facts,

and he's wrong on the law.

I mean, Dan Shepard did
chose to get a gun, yes,

and he did intentionally shoot,

but he did it to keep four men

from beating and kicking

and pounding his brother's head

into the concrete driveway.

Dan had ever right

to try to protect his brother.

His only family is getting
his head kicked in.

And his intention...

his only intention...

...just to stop it.

Dan Shepard

didn't go out there that
day to kill anybody.

It wasn't his plan
to voluntarily

take John Thompson's life.

He did it to save him.

He was legally justified
in using force

to protect himself
and his family.

I...

I don't know, I...
I think about it

and I think...

what would I do...

if it was my brother?

What would I do if
it was my sister?

Anybody I loved?

If you were afraid that you were
going to lose them forever...

...what would you do?

What?

Hey, this is Jess.

Sammy and I aren't
home right now,

but we are looking
forward to your message.

Thanks.

Ryan, keep it out front.

Ooh!

Hey, I got an idea.

Meredith, how about just once,

as an experiment, you charge
that Ray McWhorter kid

for what he actually did?

McWhorter's guilty.

Mmm.

I know, but not that guilty.

He held up his pot dealer;
he didn't kidnap him.

Thought your stripper
was handling this.

We're working it together.

I bet you are.

But that's really why
you called me, is it?

Well, no, but as long
as you're here...

Look, I'm not asking you to
actually give a crap about the kid.

I'm not under any delusions
about who you are.

You know what?

Forget I even asked.

Let's face it.

It's just not in your nature.

You really don't like
me much, do you?

Why? You starting to like me?

Not really.

***

Hey. Sorry I'm late.
Hard night.

What do they want?

Wait till you hear this.

The jury has asked:
"What do we do

"If we think Dan Shepard
did something wrong,

but we don't think he
intended to kill Thompson?"

You sure you got that right?
It's a jury question.

I had the bailiff
read it twice.

Wait, wait, wait.

It's basically the definition
of involuntary manslaughter.

Nicky, you're a genius.

You are a genius.

You guided them right there!

And now we get the judge
to revisit his ruling,

give the instruction.

Unless he wants
to get reversed,

he doesn't have a choice.

This is all good, right?

Well, the jury is
basically telling us

they'd convict Dan
on involuntary

if they had the charge.

But they don't have it.

They don't even know it exists.

And Dan gets a year if we
get the judge to reconsider.

That's a win.

Well...

that would be a win...

What? The jury is telling us

that they won't convict
on the charges they got.

So why give it to them?

So...
what are you saying?

Now... now we don't
want the involuntary?

No.

Not anymore.

But you just asked the
judge for it today.

How do you tell him you
don't want it tomorrow?

Wow, Nicky.

- Bold.
- Uh-huh.

Very bold.

Got that right.

So, if the judge doesn't
give them the instructions,

then it could be not guilty?

Yes.

And you know this
from the question?

I do not know this, Dan.

I think a solid
number of jurors

are saying they don't
buy the charges

and they want something else.

And if we get the
judge to reconsider

and offer that something else,
I can almost guarantee you...

They're going to convict.

I'd do another year.

Which is good, considering.

And they get to choose from
what they've already got.

They can go voluntary
manslaughter.

That's... ten years.

That's a possibility.

Look... just get
me out of here.

Okay?

And the State's
position, Mr. Cole?

I don't know, Judge doesn't seem
to be a lot of ambiguity here.

They're asking for
a lesser charge?

And you'd yield to a
supplemental instruction?

If Your Honor is so disposed,

the State withdraws
its objection...

Ah, geez. Can you guys
just get over yourselves?

Pardon? If the
court so disposes,

we'll yield to a supplemental.

Look, if it makes you guys feel
good to hide behind shoptalk,

knock yourselves out,
but I got a client to defend.

Are you mocking me, Mr.
Morelli?

Me?

No, Your Honor.

The jury is mocking you.

Oh. What do we got out there,

a couple grade school teachers,
a dealer from the Trop?

And cripes, is there a real
estate agent in the jur...?

A real estate agent, too!

And they all know the
law better than you.

Counselor,
are you drunk? Come on.

Quit wasting my time,
and just give the jury

the new instructions
like I already told you.

One more word,
and you're fined.

Fine me.

It's not going to make
you a better judge.

$1,000... pay the clerk
by the end of the day.

Oh, please!

- Nicky, Nicky, Nicky.
- No, no, no, no, no, no!

Let's just get this over with
and offer the damn instructions.

I will not! I will
reread what they have,

and I will advise them
that it is sufficient.

Don't be stupid.
$2,000, Counselor.

Get the hell out or go to jail.

Judge, no. Judge, how can...

Enough! Get out!

Bold enough for you?

All rise.

Sit.

I cannot answer your
question directly.

I'm going to ask you to
resume your deliberations

with instructions you've
already received.

I think you'll find
that sufficient.

Psst.

Hey, you two.

Hey. Hey, good timing.

I was just telling Ms.
Tyler here we're going to stipulate

to dismiss the kidnapping
charges against Ray McWhorter.

- Oh, yeah? Great.
- Yeah.

Well, yeah. Thanks.

Call me to discuss a plea?

Will do.

What just happened there?

You won. Ray won. We won.

How?

What'd you say to her?

Absolutely nothing. You?

Nothing.

Uh, what was that look
she just gave you?

- What look?
- She just gave you a look. What was it?

I didn't notice. Whatever.
Counselor, congratulations.

A win is a win.

I got to run.

Congrats.

How you feeling?

Like I'm all in on
a pair of tens.

Pair of tens ain't bad.

Yeah? Jacks are better.

Hey, how are things
with you and Jess?

You... you talk?

Yeah, I think I
made things worse.

I'm sorry.

But hey, listen, if you're,

uh, not going to be using
those Junior tickets,

I could take them for you.

You ask how the wife is
'cause you want the tickets?

No, I... I care.

You care about the tickets!

I-I care. - Oh, come on!

All right.

All rise.

Mr. Foreperson, could you give
your verdict to the bailiff?

In the matter of Daniel Shepard,
case number 47387,

in the Clark County
District Court,

as to count one,
murder in the first degree,

not guilty.

As to count two,
murder in the second degree,

not guilty.

As to the final count,
voluntary manslaughter,

not guilty.

Yeah!

Hey, Nicky.

Hey. Thanks for coming, man.

What, are you crazy?
It's Junior.

Nicky... cheers.

- Oh, stop it.
- What the hell?

Zoe!

I got tickets!

And they're right up front!

- Ladies and gentlemen, the Congo Room
- There he is.

is proud to present a man
who needs no introduction.

Join me in welcoming
Frank Sinatra Jr!

Yes!

* That face *

Yeah!

* That face *

* That wonderful face *

* It shines, it glows *

Whoo! Whoo!

* All over the place *

* And never will
these eyes behold *

* A sight that could replace *

* That face, that face *

* That face... *