The Good Wife (2009–2016): Season 1, Episode 8 - Unprepared - full transcript

As Alicia prepares to defend a scientist accused of starting a fire in a university lab, she is asked to testify in her husband's appeal, which could send him home sooner than expected.

Previously on the Good Wife:

Alicia, um, we...

...We need you

To do something
that we didn't expect.

Will you testify?

Mrs. Florrick?

Sorry to keep you
waiting.

We had to move them.

I put them in the
jury holding room.

And I'd do it again.

But I do wish that
every prosecutor



Had my experience
of walking in a convict's shoes.

Well, you must've

Seen the articles
or heard the rumblings.

With crime rates up

And disappointment
in your successor rising,

The voters seem
to want you back.

Well, russ,
I'll always remember

What my dad told me.

And he said, "if you're ever
granted a second act in life,

Don't repeat the first one."

So as gratified as I am
by all the talk, I think...

I think that's all it is: Talk.

So, then, what's next
for Peter Florrick?

I've got to go into
that courtroom



In the next few weeks

And win this appeal.

That's not gonna be easy.

I have a family--

A wife who's been nothing
short of amazing,

Two kids-- strength
through all of this.

I'm very proud of them.
I promised

To address the elephant
in the room,

And so I have
to do that now.

What drove you
to seek prostitutes

When you know
it could put

Your life and your
career in so much danger?

I'm a flawed human being.

And, uh...

And I've paid a heavy price.

I'm not complaining.

That's just the truth.

But I've looked in the mirror,

And what I've seen,
I don't like.

And I'm gonna
change it.

That said, I do think
it's time to turn the page,

Look to the future.

Thanks, love.

Oh, god, you smell good.

How'd it go?

Good, I think.

It was kinda weird.

Oh, by the way,
this is kya poole,

Llc consultants.
She's a reputation manager.

Hello, mrs. Florrick.
I have a lot of respect for you.

Thank you.
Thanks.

Hope it fits.

Prison fare takes its toll.

So I'll just change.
Jim, can I use the bathroom?

That's the look
the public misses:

Confident, real, optimistic.

Know what he was talking about
at that moment?

You.

I have to go.

Stern, lockhart
& gardner, right?
Yes.

Say hello to will.

Hey, you'll drop by
later, right?

Yeah, I'll stop by
after work.

Good.

I'm sor-sorry.
What was the question again?

You work at
chicago polytech,

Isn't that correct,
professor whitton?

Yes. I, um, uh...

I received a grant to research
cellular reproduction...

I'm sorry, cellular reproduction
in pluripotent stem cells.

More commonly known as cloning?

Yes, I-I'm sorry.
Yes, cloning.

Why does she keep
apologizing so much?

That's who she is.

Now, the prosecution contends

That you buckled under
the pressure of your research.

You were supposed
to deliver your results,

And you missed
several deadlines.

Missing deadlines is just,
um, I mean,

Everybody misses deadlines.

Did you set the fire

That destroyed your lab,
professor whitton?

No...

Never. I, uh...

Look, I was on the verge

Of a career-defining fellowship
at cambridge.

I would never do anything
to hurt my research.

Where were you
at the time of the fire?

Um, I was running on the, uh,
track across campus.

This is like watching

A baby seal
being clubbed.

That's after how many
sessions of witness prep?

Three.

You can't put her
on the stand.

The stammering,
the nerves;

She looks guilty.

She's innocent.

Yeah, well, so's
my four-year-old niece,

But I wouldn't put her
on the stand either.

What do you get
from her?

Denial, alibi, context.

You still have
the alibi witness?

And the guard
and the arson expert.

I'd keep her a mile away
from the stand.

You put her on, she's
going away for 15 years.

That puts more pressure
on the other witnesses.

Get some tougher
witness prep, will ya?

Those were wiffle balls you
were throwing at her.

Will, we're stretched
a little thin here.

The layoffs?

Uh, I'll put josephson on it.
Josephson?

No. I need it to be tougher.
More blood sport.

You get two lawyers

Who really butt heads, make them
prosecution-defense.

You need this to be

More darwinian,
more real world.

Doesn't get more
darwinian than that.

Witness prep 108.
Keith thomas, arson expert.

Mr. Thomas, can you
give us

Your professional opinion of
the arson investigations?

It was a rush to judgment.

The fire department
labeled it an arson,

But the reality is,
it could've been an accident.

But arson investigators
said they found traces

Of lighter fluid
at the crime scene.

They're calling it
lighter fluid,

But what they really
found was butane,

Which is not only
commonplace in a lab,

But could
spontaneously ignite.

Thank you, sir.

Spontaneously ignite?

Are you serious?

Yes, I am serious.
I try to be.

Okay, well, then let's continue
in this serious vein.

Aren't all the flammable liquids
stored in steel cabinets

On the other side of the lab?

Yes, I believe that's correct.

You believe that's correct,
but you don't know.

Wouldn't you object
at this point?

No, she wouldn't.

Just do your best, sir.

We're just trying to prep you
for the tough questions.

I misspoke. I should have
said, "yes, that's correct."

What about the wax residue found
at the crime scene?

Investigators say it came
from a birthday candle

Used as part of a time-delay
incendiary device.

You ever seen that before?

A birthday candle can be used
as a three-minute fuse

Allowing the arsonist
to flee before a fire.

But I think it's far more likely

To have come
from some wax paper,

Which would not
be out of place at a lab.

Yeah, I seen that
all the time in labs,

For sandwiches
or comb harmonicas.

That's kinda rude.

Oh, I'm just getting started.

Did you ever visit
dr. Whitton's lab, sir?

No. I'm an expert witness;
I'm not an investigator.

Did you evaluate photos
of the crime scene?

Yes, I did.
But ultimately,

Your assessment of the fire is
based on pure conjecture.

I'm offering my theory
based on years--

Which you're being paid for.
As are you!

Yeah, but only one of us is
trying to sell their theories

As truth.
Okay.

Let's just sum up, shall we?

Your belief is that a
rag soaked in butane--

A chemical which dr. Whitton
never used in her work--

Somehow migrated across the lab
and into her research area,

And then spontaneously
ignited on a piece

Of discarded wax paper.

He was the best. Really.

We had three other arson
experts, all half as good.

Well... You know how I'm always
looking for a silver lining.

It was a nice cross by your boy.

Yes.

Darwin is alive and well.

The bad news is, we can't sell
this as an accident.

Wax paper and
spontaneous combustion?

Jurors will laugh you
out of court.

So if we can't sell it
as an accident,

Sell it as arson,
just not by ellen.

You're doubting my story?

No, we just feel
we have better options.

But... But if I don't testify,

Won't the jury think
that I'm... Suspicious?

It's all about finding

The best strategy
for acquittal, ellen.

They've taken my passport.

Yes, well, that's...

...Standard.
Would you excuse me, please?

I-I'm... I just...
You know...

It feels like I'm
just being put

In a smaller and smaller box.

When does your family arrive?

They're not coming.

The last continuance,
they lost money

On the plane tickets,
and I just

Told them not to come.

I don't know
anyone here.

I'll be right back.

You can go, too, if you want.

It's all right.

It's not.

I'm facing 15 years in prison.

Left-wing bioconservatives,
religious bioconservatives,

Animal rights activists--

Ellen's lab received
hate mail from all of them.

Okay, good.

Cary, you continue
with witness prep.

Alicia, you help him.
Try to keep it competitive.

Tamara, keep me
in the loop.

What'd I miss?

Plan b: Religious fanatics.

Saw your husband's appeal
starts today.

Yep.

Should be interesting.

I'm kind of nostalgic

For when things weren't
so interesting.

You need a drink.

Probably.

Hey, mike.

Judy, you look great.

Oh... Thank you.

Hey, bob, alex.

Peter.

Nate.

So, you've gained
a few pounds.

I heard you, uh,
made some new friends in tamms.

Yeah, a nice burglar.

I gave him your address.

You believe that?

I hired landry.

Taught him
everything he knows.
Let's just hope you didn't

Teach him too well.

All rise for the honorable
judge harvey winter.

Mr. Florrick,
it's been a long time.

Always a pleasure, your honor.

Uh, your honor, we would
first like to schedule

An evidentiary hearing

To present new
exculpatory evidence.

Two weeks from today: 3:00.

Thank you, your honor.

I would also like you to
consider releasing my client

On electronic monitoring
while the appeal is ongoing.

Your honor, bail should not even
be on the table at this point...

Bail hearing is set for day
after tomorrow.

5:00.
Your honor,

The state vehemently objects.

Your vehemence is noted.

There will be
a bail hearing here,

Day after tomorrow,
at 5:00, mr. Landry.

You're welcome to join us.

If there's nothing else
to schedule, next case.

How about that?

Wow.
I could be out in two days.

Mr. Florrick...

See you.

Soon.

So, is he getting out?

How did you...?

Who said that?
It was online.

There's 65 articles.

One even
in singapore.

You make it a habit
to check for dad online?

No, I have it on
google alert.

Anytime there's an
article, I get an e-mail.

So is he going
to live here?

I don't know.

How would you feel
about that, grace?

There's no space.

Where's he gonna stay?

In mom's room.
Where do you think?

He's gonna stay in your room?

I don't know.

Look, this just happened.

It didn't even
just happen.

It might happen.
Shouldn't he get an apartment?

Dad's not going
to stay at an apartment.

And besides, you should
be happy about this.

It means grandma won't have
to watch us.
Is that true?

Yeah, he'll be on electronic
monitoring; he'll be stuck here.

He would?

I don't know.

This is very premature.

I promise you,

We will sit down
and we'll discuss this.

But for the moment,
I have to go to school

And you have to go
to work...

School, work.

Okay?

I love you.

And I love you.

No, first you reject
all press conferences.

You just want to be
home with your family.

That's all.

No statements, no photos.

Keep the press starved,

Then they'll eat
whatever you offer.

Peter.

Private holding room.

Sure beats lockup.

Oh, yes, it's the upside of a
special priority defendant.

The downside--
everything else.

How are you?

It's great to see
you, Peter.

Uh, look...

Landry is going to throw
everything he can at you

Trying to shut down bail.

Now, I know judge winter.

He's a decent guy.
He wants to do the right thing.

A little nudge might help.

It's great to see you, alex.

Peter, we go back 20 years,
and you're looking for a wire.

The one casualty of the
last eight months--

Trust.

So what are you saying?

I think we're fine.

Appreciate your support.

Good luck, Peter.

Thanks.

You know, I've never
lived on a farm,

But I think that's
what it looks like

When the weather vane
changes direction.

A good change?

If the assistant
state's attorney
is coming to me,

A great change.

It's just that I'm
in a time crunch.

Does yours
involve anthrax?

Hey, fbi big shot,
you owe me a favor.

Look, just give
me 30 seconds.

There's only half a dozen
pieces of hate mail.

Cops didn't consider
them any serious threat.

But I need a suspect.

So if any of them seem
remotely legit, just...

Tell them two minutes.

Yeah, a couple women
from wyoming.

Crazy, but harmless.

Defenders of natural life.

It's a boilerplate
protest letter.

They're not known for
taking any direct action.

This one, the christian
coalition for bioethics,

They're legit.

They're radical
religious bio-cons

Opposed to genetic engineering,
cloning, stem cell research.

I've only known
them to be active

On the west coast, but...
Define "active."

Protests, vandalism...

Not arson.

But, hey, people change.

They've also been known
to put coded messages

In their letters.

Someone behind this
has a real zodiac complex.

Good luck with that.

Thank you for coming in
early, ms. Bennett.

We're really here just

To make you comfortable
with your testimony,

Not to rehearse you or get you
to remember answers. In fact...

If you're remembering answers,
we're doing our job poorly.

It'll just feel
scripted in court.

No, I get it.

You want me natural.

That's right.

So, the first thing
we'll do is...

...Ask you some
very basic questions.

What is your connection
to this case?

Well, I work the front desk
at the biochem lab--

The one that burned down.

I work with professor whitton.

I'm in the physics department.

She's in chemistry.

Uh, but we really bonded
at a conference in st. Louis.

Walt, answer
the questions simply.

Nothing extraneous.

The prosecution is going to
try to get you to ramble.

Don't.

I see ellen every day.

And, that day, she left
at 7:00 p.M.

7:00 p.M. Exactly?

Yes. Why?

I just find it odd.

When was the last time

Anything ever happened
exactly at the hour?

Um...

Cary?

Excuse me.

What are you doing?

I'm asking questions.

You're cross-examining.
So, that's my job.

No, our job
is to prep her,

Not undercut her.

So, next time, warn her

When you're flipping from
advisor to prosecutor.
Do we have a problem?

We have a problem
if you're trying

To show me up at the
expense of witness prep.

Okay.

You're right. I'm sorry.

Ellen is a lovely person,

And a great colleague.

Uh, last fall,
when I wrote a cover article

About electron crystallography

For the journal of quantum
physics, which is...

Walt...
What? Yeah.

Don't answer more
than the prosecution asks.

Short, straightforward
answers.

Gives a sense of confidence.

Okay. I got it.

Tell me about
the night of the fire.

I saw her walk out of the lab
at 7:00 p.M.

And she didn't return?

Uh-huh.
"yes" or "no" answers, mary.

Ooh, right. Yes.

I was at dobson auditorium
at 9:00 for a concert,

Uh, when I stepped outside
to phone my mother,

And that's when I saw her, uh,
running around the track.

From 50 yards away,
you saw her?

I did, yeah.

I-I recognized her track suit.

It's not 50 yards.

You know for a fact
it's not 50 yards?

What'd you do?
Did you measure it?

No, my students did.

It was an experiment
in weights and measures.

It's exactly 34 yards.

A distance at which normal
visual acuity

Can identify and distinguish
between human features.

Just reviewed
the witness prep.

Good job.

Looks like both
witnesses will be great.

Thanks.

No, thank you.

It's always the case,
isn't it?

It's easier to rip apart
than to build up, so...

Thanks for building up.

How's the appeal going?

The... Oh, Peter's appeal.

Good.

Really good.

Just...

Peter will be out soon?

Yeah.

I don't know.

Well, if you ever
need anything...

If I ever need...

Anything. Give me a call.

Okay, I will.

Alicia.

Diane told me to come
to you when anything...

So I just wanted

To get this to you
as soon as possible.

It was on my windshield
when I got to my car.

Okay, you can drop
the cool thing.

We're not at
school anymore.

What cool thing?

The... Look at you.

The way you're standing.

I'm just standing.
What's your problem?

Maybe it's from mom's work.

Wait.

Maybe we should...

What?

I don't know.

Great.

Is that dad?

I don't know.

Is it...

Is this fake, too?

I don't know.

This is
getting crazy.

Zach, this
is serious.

I know.

But we agreed-- they're just
trying to scare mom.

Maybe there's a reason
she should be scared.

We don't know enough.

What do we need to know?

Who sent this.

Okay, so how?

Anything on
the ccb letters?

Depends.

Does "hidvycilfeteenuc"
mean anything to you?

What's the context?

How's witness prep?

Not bad. We'll talk.

I know we've talked about
you having to testify,

But it might happen sooner
than we anticipated.

How soon?
Tomorrow.

You want me to testify

At his bail hearing?
We need to show the judge
that Peter will have a safe,

Stable living situation
if he's out on bail,

And that he will
be welcomed home.

You know what I'd like back?

Privacy.

Landry's cross
could get personal.

They think that Peter has
the judge in his pocket,

So they're out
to draw blood.

So keep your
answers short,

To the point, unemotional.

I spent six hours
prepping witnesses today.

It's one thing
to know it.

Um... Lawyers always make
the worst witnesses.

Thanks.

I just want you
to be prepared.

Who hired kya? You or Peter?

I did.

Why did you hesitate?

I didn't-- uh, Peter has
lots of friends who want

To see his
reputation burnished.

In a way, they hired her.

But she's good.
I mean, she supposedly did

The same thing for the
madoff sons this year.

And that went so well.

Do you want me to prep you?

No. Thank you.

I think I can handle it.

If you don't mind me saying,

There is some... Ambivalence

Inherent in your
position, alicia.

And ambivalence could
hurt Peter's chances.

I'm not going to lie
on the stand, daniel.

That's not what I'm saying.

The truth is the truth,
but it can often sound...

Truer.

Is the judge in Peter's pocket?

No.

I'll see you in court.

Mr. Ford, your witness.

You testified earlier

That dr. Whitton
left the lab at 7:00 p.M.?

Uh-huh.

I mean, yes.

How long was your shift
that night?

3:00 to 10:00.

Seven hours.

You must have taken
restroom breaks occasionally.

You could have missed dr.
Whitton reentering the building.

I don't think I took
any breaks after 7:00.

You don't think?

Objection.
Badgering the witness.

Overruled.

Uh, you're under oath, mary.

Can you state with certainty

That you never left your
post after 7:00 p.M.?

N-no.

I just...
You just...?

I'm just not sure.

Uh-oh.

So professor whitton

May have reentered
the building

While you were away
from the security desk.

In fact, she may
never have left.

No. Um, I really think...

A lot of middle-aged
brunettes work at the lab.

You could have mistaken
someone else for her.

I'm pretty sure...

Pretty sure?

Are you or are you not

Absolutely certain
you saw dr. Whitton that night?

Yes.

We went through all
those questions in prep.

More than once.

Some witnesses
get intimidated by court.

There's not much you can do
to prepare for that.

Make sure walt holds up.

So, how damaging was that?

It wasn't good.

But we've still got the
threatening letters and walt.

Do you and walt have
any history between you?

Between...

No... No, no.

He just said that
you two really bonded

At a conference
in st. Louis.

Well, we both attended it.

We sat next to each other
at an awards banquet.

Oh, the night
he won an award?

The cover article he wrote

For the journal of
quantum physics...

Turns out to be three
paragraphs on page 46.

We can't put someone who

Embellishes like that
on the stand.

What we can't do is elicit
perjured testimony.

So make sure
he doesn't perjure himself.

But he's...
You're never handed
the perfect witness.

You make the perfect witness.

We're not sure we should
put you on the stand, walt.

What?

I thought she
needed me.
She does.

Yes, I am.

No storytelling.
No embellishments.

"yes" means yes.
"no" means no.

And if you get stuck--

If the prosecution asks you
something you don't know

Or you don't understand--
don't ad lib an answer.

You just say you don't know,

Or you wouldn't want
to speculate.

Good.

Where were you the night
of the arson, walt?

I was at the auditorium
for the piano recital.

It started at 8:30 in
auditorium number four.

That one has the best
acoustics, because of the...

No. Walt.

Eight-word sentences, max.

You get to word nine,
just stop talking.

How long were you
at the concert?

Left around 9:00 to
make a phone call.

To whom?

My mother.

And that's when I saw ellen
across the street,

At the track, running.

And then the fire trucks raced by.
You saw her
at the track at 9:00,

But she may have just arrived.
How do you know she didn't

Light the fuse and run
straight to the track?

I'm going to need more than
nine words to answer that.

Okay, if she lit the fuse

And the firefighters respond
within five minutes,

That gives her a total of eight
minutes to run two miles.

If she can do that, she might as
well sign up for the olympics.

My cousin doug was
in the olympics, actually.

It was a joke.

So, a letter written

By the christian coalition
for bioethics

Should have all the hallmarks
of a protestant terrorist group:

The logo, the cryptic
apropos bible quote.

Right? So why did
they pull a quote

From the douay-rheims
edition, a catholic bible?

St. Mary's, k through 12.

See, protestant versions,
like king james,

Call it the book of
isaiah, no "s" at the end.

And verse 9:18
is some variation

Of "for wickedness
burneth like the fire""

Did the first ccb letter
use the catholic bible, too?

Both do.

I think it's a red herring;
I think someone created it

To throw the blame
on somebody else.

I think you might
have someone in mind.

Well, if I were a cynic,
I'd say our client.

Sh
letter on her windshield.

You are a cynic.

Yep.

What is that?

Nothing.

Oh, my god.

How'd you...?

You know what?
You're liking this.

This is serious stuff, and
you're just having fun.

Do I look like
I'm having fun?

Yeah, you do.

Look, somebody's trying
to set up dad.

Then go show it to him.

What?

Go show this stuff to dad.

He's at his bail hearing.
Go show him.

Peter Florrick was
tried, convicted,

Sentenced.

There's no longer any
presumption of innocence.

This is not
about innocence.

This is about bond.

Peter Florrick

Has no previous record,
he is not a flight risk.

He is a family man
who is eager to go home

To his wife and children,
who are eager to have him.

Oh, come on!
They are not eager.

Is this true, mr. Golden?

It is, your honor.
They are... Eager.

Well...

Let's find out.

Please state your name
for the record.

Alicia Florrick.

Please state your relationship
to the defendant.

I'm his wife.

Thank you, mrs. Florrick.

And what is your current
living situation?

I live with my-- with our--

Two children in a
three-bedroom apartment

At 3001 n. Dearborn street.

And is there room
for mr. Florrick there?

Yes.

And should he be granted
a pretrial release,

Are you prepared
to have him at home?

Um... Do you want him there?

I think Peter should be home
with his children.

Thank you.

Mrs. Florrick, you
mentioned the apartment

Is a three bedroom,
and you have two children.

Would they share a room?

No.

So, you and your
husband would...

Share a room?

Yes.

You're saying under oath

That you intend
to share a bed with...

Objection, your honor.
Relevance.

I'm-I'm simply establishing
that there truly

Is a place for mr. Florrick,
given everything that's...

This is a private
family matter,

Your honor.

That's enough, counselor.

Whether they intend
to share a bed

Is of no concern
to this court.

Thank you, your honor.

Mrs. Florrick, I have
one more question.

Did you meet with a divorce
attorney on February 23?

Yes.

I had a brief consultation

With a divorce attorney

A few days after the allegations
against my husband surfaced,

In order to weigh my options.

Are you saying you've ruled out
the possibility of divorce?

I-I have no plans to divorce.

But you haven't ruled it out?

I haven't ruled out
running for president.

Probably won't happen, but
I haven't ruled it out.

So, you intend

To welcome mr. Florrick
back into your home?

Yes.

Despite the sexual dalliances
with call girls...

My son is here, mr. Landry.

Are you suggesting you'd give
different answers if he weren't?

I'm suggesting you stop

Asking invasive and
irrelevant questions.

Isn't it true...

What's your goal
here, mr. Landry?

Mrs. Florrick...

To do your
boss's bidding?

To embarrass me?

Embarrass my husband?

To goad me into
some emotional

Public renunciation of him?

The relevant
question here

Is whether Peter has a
suitable place to go home to.

And I am stating,
under oath,

That he does.

Any further questions?

Why don't we leave it there?

I'll take the arguments
and testimony into consideration

And rule tomorrow.

I can't believe you.

It's really not
that big of a deal.

How did you even
get out here?

I took the el.

I wanted to see dad.

Why wasn't he there?

Because this was
just for the lawyers.

And don't try
and change the subject.

You ask me.

You talk to me.

I would have
brought you.

You wouldn't have.

I...

I would have.

So trust me.

I thought you kicked ass.

You're still in trouble.

I know.

I have to get you home,

And then I have
to check an alibi.

What is that?

This? Nothing.

Homework.

I ran an ink x-ray analysis
on the fake ccb letters.

The toner is
office store brand 4546-h.

Very unique.

And one of the few places
that uses it

Is the printer
at ellen's office.

Okay, well,
that's disappointing.

Yep, disappointing

Because it looks like she's
sending threats to herself.

Where are you?

Polytech.
The auditorium.

Cary and I are going
to check out her alibi.

what?

I'm losing you. Call me back.

Hey.

So, walt came out
of auditorium four

And he stood here.

Right. He came
out at 9:00 p.M.,

Looked across the street.

34 yards towards the track
where ellen was running.

Well, with this lighting,
that should be all right.

Do you have a
navigation system?

Yeah.

Ah, finally.

Bars. I wasn't
getting any before.

Yeah. Me, neither.

Recital hall
must be a dead zone.

Auditorium at school
has a scrambler

To stop cell phones from ringing
during a performance.

I bet they got
the same thing here.

How could walt phone his mom
from the auditorium door,

If it's a dead zone?

And look-- check this out.

Walt said the fire
trucks came here,

On university av,
but the fire station

Is there and the
lab is there.
Yeah.

But garden av is a direct route.

Why would the firefighters
go the long way around?

They wouldn't.

Yeah?

What toner
does walt's office use?

The physics department?!

The same. The whole science
department orders in bulk.

Oh, my god.
What?

Walt said it.

Only an olympian could run
two miles in eight minutes.

So how does he get
eight minutes?

Three minutes
for the fuse to burn down,

And five minutes for
the firefighters to arrive.

But how does walt know
the fuse is three minutes?

The arson expert
mentioned it in prep,

But how does walt know?

'cause he did it.

If we go to the
state's attorney's office...

There's not enough to clear
ellen and prosecute walt.

We don't have definitive proof
he sent the ccb letters.

They'd simply thank us
and bury it.

You know one option,
if you want to really be gutsy?

Nail him on the stand.
Trap him in his own lies.

And if we do it wrong,

We just proved our alibi false.

Hey, no pain, no gain.

Did you really just say that?

Yes, I did.
Meant it, too.

Well...

We're either about to destroy
the prosecution's case

Or make it.

Uh, I arrived just as the
performance began at 8:30.

Around 9:00, I stepped outside
to phone my mother...

Uh, right in front
of the recital hall.

Did she answer?

Uh, no, I...
I got her voicemail.

But the recital hall
scrambles the signals

So calls don't interfere
with the performance,

So how could you
have gotten through?

I wouldn't want to speculate.

There's no record of that call
in your cell phone records.

No record of any call at all...

What is this?
What is she doing?

Just wait.
Did you see anyone
while you were in front

Of the recital hall?

Uh, yes.
Uh, I saw ellen whitton,

Uh, running the track
across the street.

And then the fire trucks
raced by to the lab.

On university avenue?

Uh, yes,
that's correct.

But university avenue

Isn't the most direct route

From the fire station
to the lab.

Uh, well...

I'm sure
that emergency vehicles

Can go any way they want,
can't they?

I'm not sure why they'd opt
to go the longer way

When they could just
take garden avenue.

Well, I guess
you'd have to ask them.

I did.

They said they did
take garden avenue.

Where were you when
the fire occurred, walt?

Uh, I was at the, uh, the
piano recital, like I said.

Hmm. Strange.

We can't find
a single person

Who remembers seeing you
at the recital hall.

Even during intermission.

I, uh, I went right to the
restroom at intermission.

I, uh, wasn't feeling well.

There was no
intermission that night.

The performance was

Brahms' piano concerto
number one in d minor.

You weren't at the
recital, walt.

You were at the lab, waiting...

To set the fire, destroy
ellen's research,

And frame her for it.

No.

No. What...?

Why...?

If I wanted to-to-to frame her,

Why would I be here,
vouching for her?

I don't know. Is it because you
set the fire to keep her here

Instead of off
at the cambridge fellowship?

But you never meant to have
it pinned on her, did you?

And when it was,

You tried to save her.

With an alibi.

With fake letters
from a hate group.

I...

Mr. Gifford?

Mr. Gifford, let
me quickly say,

You have a fifth
amendment right

Against self-incrimination.

Aw, crap.

All rise

For the honorable
judge harvey winter.

Before I rule on bail,

I'm told
the prosecution intends

To make a proffer to the court.

That's correct,
your honor.

The state has recently received
evidence that the defendant

Has attempted to interfere
with the judicial process.

What?!
I have a signed affidavit

From asa alex phelan

Stating that
Peter Florrick

Has asked him to influence
your honor into granting bail.

Now we know your honor
is truly impartial,

And that any influence would
have landed on deaf ears,

But we also believe
that mr. Florrick has put you

In an awkward position,

Confusing the public
as to the impartiality

Of any bail offer
you might extend.

Your honor,
this is outrageous!

It is that, mr. Golden.

It is pure fiction.

Mr. Phelan is an officer
of the court, counselor.

Unless you have
concrete evidence

That mr. Phelan is lying,

The proffered information

Is considered reliable

And relevant.

Bail is hereby denied.

This court is adjourned.

Peter, I'm so sorry.

Alex phelan was at
zach's baptism, remember?

Could he have misinterpreted?

No.

It's a betrayal.

I thought I'd be
leaving with you.

Mr. Florrick.

You'll tell the kids?

I will.

I'll see you.

This was a set-up.

Peter didn't make bail.

So, who is it?

I don't know.

But...

What's he doing?

He's taking pictures
of our front door.

Why?

I don't know.

Resynced and corrected by GeoffS