The Good Wife (2009–2016): Season 2, Episode 2 - Double Jeopardy - full transcript

In the matter of
The People of Illinois

v. Randall A. Simmons,

case number 10-C-R-2085,

on the charge
of first degree murder,

we find the defendant

not guilty.

It's over. It's over.

You hear me?

- All right?
- Murderer!

You killed my daughter!

You! You!
Order!



Order in this court!

Dad.
Son.
Murderer!

Bailiff,
restrain that woman.

Murderer!

You! You!

I'm warning you.

I can clear this court
if order's not restored.

Hey!

I want you to have that.

They were willing
to take it.

Eight years,
second degree murder.

We agreed it was the right move.

Tell that to her.

That was a tough one.



Thought you had it.

You had the jury.

You had the judge.

He killed her, you know?

We don't know anything.

It's not about trial.

It's about pretrial.

It's about
excluding evidence.

Even a case
like Randall Simmons?

Especially a case
like Randall Simmons.

We didn't win that in court.

I know it's not sexy,

but we won that in
pretrial motions.

No, it's sexy.

What's this for again?

Chicago Law Review.

My last question,
Mr. Gardner,

if you don't mind.

Sure. Shoot.

You don't really
prefer boxers

over briefs, do you?

What?

This is about the...?

You don't really want to know
about my legal strategy, do you?

I do.

But first,
are you proud of being

the city's 16th
most eligible bachelor?

Well, I was lobbying for 12th,
but it's all very political.

Joe.

I sure didn't expect
to see you here.

counting your elective chickens

- before they hatch.
- Joe,

I'm an independent conservative,
remember?

But let's give
these Republicans some credit.

Oh, Joe, there you are.
Sorry, I was on a call.

Look who I found
haunting your halls.

Oh, hello.

Hello.

Are you...?

Looking for Derrick Bond.

Lou.

Derrick. Good to see you.
And you.

I liked your D.C. offices.

Yes. Yes, I think I like these
a little bit more.

More, um, traditional.

Oh, Mr. Trippi,
nice to meet you.
Good to meet you.

This is Mr. Bond.

Bond & Associates.

We, uh, merged.

You're really
representing Lou Dobbs?

I, um...

am as surprised as you.

Talk about strange bedfellows.

Uh, so I'm going to start
streaming this live now,

if that's okay,
Mr. Florrick.

It is, Freddy.
Go right ahead.

Thank you for doing
this, Mr. Florrick,

and, uh, congratulations
on your traction

against Glenn Childs--
it must feel good.

Well, I love
this city, Freddy.

So what's your take on
the state's attorney loss

yesterday against the wife
killer Randall Simmons?

A tragedy. That was winnable.

Think Simmons should have
gotten a stiff sentence--

the stiffer the better?

Absolutely.

If the punishment
fits the crime,

the stiffer the better.

But, um, your wife was
on the defense team.

Now isn't that
a dichotomy--

your wife fighting to
get a wife killer

out on the streets.
No, not at all.

As a matter of fact,
I'm very proud of my wife.

The job of a state's attorney
is not to wish

that the defense goes easier
on you, it's to fight harder.

Fair enough.

Now do you expect to have
any sort of open debate...

Mr. Gold...
Five minutes then pull him.

We have another dozen
of these to do.

Well, we caught something
on College Humor.

You should take a look.

I completely agree

and so does
Peter Florrick.

He'll be happy to
have people like you
helping his campaign.

Well, that's very
nice, ma'am.

You should really come hear
Mr. Florrick speak.

Well, hello there.

Oh, thank you, Mrs. Twohy.

Yes, I'm looking
forward to it.

Mr. Gold, hello.

Becca.

You're looking healthy.

I am healthy.

You cut your hair.

Yes, it was getting long.

So you're a volunteer.

I am. I'm just giving back.

Inspiring.

Youth today putting
aside their video games.

Oh, the Obama generation.

No.

Why, Mr. Gold, you...
you don't trust me?

Oddly enough, no.

Hmm. I haven't tweeted.

You asked me not to,
and I didn't tweet.

I threatened you not to
tweet and you did tweet,

about whether Mr. Michaels,
your history teacher, was gay.

Zach said you needed volunteers.

That's why I'm here.

Zach told you?

Yes, your boss's son.

I'm sorry, we're all full up.

But thank you,

dear Becca.

Excuse me, Mr. Gold...
Thank her and
get rid of her.

College Humor--
it just went up an hour ago.

It's the call girl, Amber.

♪ On the bed,
in the car out of state ♪

♪ Peter Florrick ♪

♪ He's the best candidate ♪
♪ Peter Florrick ♪

♪ No one makes me self stimulate
like Peter Florrick ♪

Oh, dear God.

People say your down
in the polls,

but I say you're always good
at coming from behind.

♪ Coming from behind ♪
Oh, dear God.

You're not afraid to hand out
stiff sentences,

and I think you agree,
the stiffer the better.

♪ Stiffer is better ♪
And let's not even get into...

Get the key!

Is the other door unlocked?

No. Mr. Gold, he's going
to open it after the interview.

No... It's a setup!

Get him off the interview!

Cut it! Shut down the computer!

They're setting up his words!

It's a setup.

Stop it now.

Okay, Freddy, thank you.

What are you doing?
What is it?

We just gave them
tomorrow's news cycle.

Where you at?

Oh! Yes!

Done!

Just like old times.

Who wins? Me.

Well?

I still don't like it
as much as racquetball.

Why the call, Cary?

Why?

The old peace corps gang

kept wanted to know
what happened to you.

Really?

What is that, your novel?

It's a murder case.
Randall Simmons.

Thought his wife
was cheating on him,

stabbed her 38 times
with a bowie knife.

Thought you'd
take a look at it.

Why?

I lost.

Take off your shoe.

Why?
Because I want you
to take off your shoe.

It's on my foot.
So untie it.

Aw!

Yeah, just take
a look at it.

They were willing
to take eight years.

So you screwed up.

We thought
we could get life.

You don't even have
to go to trial.

You get a fast eight years.

We've done all
the heavy lifting.

Clearly you haven't or the guy
would be in prison.

We couldn't get
the evidence in-- you can.

Just take a look at it.

More questions?

Follow-ups.

Boxers or briefs?

No.

Just need to fact check.

You don't need to answer that.

You're right, I don't.

Hello.

What happened?
What's the charge?

Murder.
Whose?

His wife's.
No, they can't.

Double jeopardy-- he's
been tried, cleared.

Three days, Mr. Gardner,

that's all.
Three days free.

It's okay, Randall,
I can handle this.

Mr. Gardner,
Captain Melinda Gossett.

U.S. Army Judge Advocate
General's Corps.

JAG. What, are you kidding me?

At the time of the murder,
your client was a
mobilized reservist

on Title 10 orders.

As such, it isn't
double jeopardy.

The crime falls concurrently
under military jurisdiction.

Specialist Randall Simmons,

pursuant to article 118
of the Uniform Code,

you're hereby apprehended

to face charges
for murder.

♪ The Good Wife 2x02 ♪
Double Jeopardy
Original air date on October 5, 2010

You're not afraid to hand out
stiff sentences,

and I think you agree,

the stiffer the better
The stiffer the better.

♪ Stiffer is better ♪

It's got to be her.
She's out to get me.

It doesn't matter.

Childs is benefiting.

He's probably financing it.

♪ Just you and me
by candlelight ♪

♪ You can caucus me all night ♪

Absolutely.
♪ All night... ♪

Has it gone viral?

It's growing.

If she showed more skin,
it would grow faster.

Well, we're just going
to have to take the high road.

And you're going to have to vet
those reporters more closely.

Yeah, my fault.

There is something else
we can do.

Pull the trigger.

If we go negative first,

we're going to be seen
as going negative first.

Peter, he will kill you

with a million viral paper cuts
just like this one.

Let him kill me because
I'm not going to give him

an excuse to come after
my family.

What do you think
he's doing?

These people are just looking
for anything they can use

to make you look bad.

Peter, they have trackers
out there everywhere.

They could
follow you around.

They could follow
your family.

They could take anything you say
out of context.
What's wrong?

Nothing.

Something is.

What did you do?

It was at Grandma's
meeting thing.

What was?

This kid

with a cell phone camera.

There were two kids.

They were asking me questions.

Like what?

About Dad.

And her, the hooker.

They taped it, but I haven't
seen it anywhere.

What did you say?
Nothing.

I was defending Dad.

They just kept on asking.

Should we tell Dad?

Maybe they're not
going to use it.

Or they're saving it.

Eight years.

Come on, you're
shaking us down.

Because of the moratorium,

Illinois currently
has no death penalty,

but the military does, and
we're not afraid to use it.

If I were you, I'd
take the eight years.

We'll get back to you.

Um, we'll-we'll get back to you.

I'm Lieutenant Terrence Hicks,

Mr. Simmons'
court-appointed lawyer.

The thing I'd like
to point out is that,

given the evidence,
eight years is reasonable.

I think you should consider it.

Lieutenant,

a year ago, I came home
to find my wife stabbed.

The wife I love.

I spent the last year trying

to convince people
that I didn't do it.

And when I finally did,

when I finally slept at home
again, I...

I will not take a plea
of eight years.

I did not do this.

I will not.

You're free to retain outside
counsel if you wish.

I'll simply remain as standby.

Please, help me.
You got me off before.

The thing is, Randall,

we don't usually practice
in military court.

I don't care.
I trust you.

I thought we were closing down
the Simmons defense.

We were.

Things changed.
We're not gonna

make the same mistake
as last year, are we?

What was the mistake
last year?

Taking cases on whim,
not long-term strategy.

Not whim, passion.

And Simmons brings us attention.

Yeah, more broke clients.

But, look, I'll support you
if you support me.

Derrick represents Lou Dobbs.

Oh, yeah, I saw that yesterday.

How did that go down
with Trippi?

Their publishers have projects
in conflict.

We're going to have to drop one.

So can I count on you?

For a vote? Sure.

That's why we did this;
two partner to one.

So send Lou Dobbs packing.

Go follow your bliss.

You know,
I should wear a uniform.

I think I'd look good in one.

With tassels on the shoulder...

like HMS Pinafore.

Hello.

You okay?

I'm great.

Mr. Bond thought that

I should help you out
with Simmons.

Ah, that's okay.
Kalinda can help me.

She's a little busy;
Murphy/Gomes.

Oh. Well, are
you familiar

with the Randall
Simmons murder?

I am.

We're headed straight
into court, so...

You'll need the CID file.

Yes.

I took the liberty.

You took the liberty.

How did you even know
to take the liberty?

I keep track of things.

Okay.

Can I draw your attention
to one thing?

Draw away.

The Army canvassed the crime
scene at the time of the murder,

but they backed off

when the state's attorney
brought charges.

Now this is the investigation
from a year ago.

But these notes
in the margins,

these felt-tip notes,
they're recent.

How do you know?

I know.

Yes, but I need to know
how you know

so I can act
upon your knowledge.

This is a xerox of a xerox.

The original notations
are faded.

The felt-tip notes
are faded a little less

because they were
only copied once.

It's the same as the
cover letter, which was
dated three days ago.

And these notes,
those were from three days ago?

Yes.

You recognize
the handwriting?

Cary? Really?

He's helping them vet
their case,

feeding them information.

Behind enemy lines.

Actually, I'm afraid,
in a court-martial,

the prosecutor sits next
to the jury.

We're-we're over, uh...

All rise!

Sit.

Not you.

Uh-oh.

What?

She's doing another cleanse.

State your name, please.

William Gardner, Your Honor,
for the defendant.

I assume you're not currently
in the military, Mr. Gardner.

No, Your Honor.

Have you ever served
in the armed forces?

No, Your Honor, but...

"But," Mr. Gardner?

But I have great respect

for the armed forces,
Your Honor.

You're familiar
with the Uniform Code

of Military Justice,
Mr. Gardner?

Yes, Your Honor.

Call the panel.

I want to help.

No, you don't.

I know things.

You want to help?

Stay in school,
don't do drugs.

It's my mom, isn't it?

She won't let me?

It's your mom,
it's your dad, it's me.

I do not need
Encyclopedia Brown on my staff.

I know things.

You want to help?

Don't tell your girlfriend
to volunteer.

My girlfriend?

Mm-hmm, the blonde.

Becca.
Mm-hmm.

Becca.

Don't send her my way.

I didn't.

We broke up.

I'll talk to her.

No. She wanted me to talk to you
so you would talk to her.

I appear to be off
my game today.

Let it rest.

And what do you mean
by that, Corporal?

I'm just saying,
my sister was

a victim of
domestic violence.

So you're saying you can't be
impartial towards a man

accused of violence
against a woman?

I guess it depends
on the evidence.

Your Honor, we challenge
this juror for cause

on the grounds of bias.

Corporal Barnard, if I order you
to be unbiased, will you be?

Yes, ma'am.

Good. You're seated.

Mr. Gardner, Captain Gossett,

pretrial motions in my chambers.

As you can see, they're
clearly more prejudicial

than probative, Your Honor.

Denied.

Excuse me?

Did the police take the photos?

Yes.

Is that your client in them?

Yes, but...

Then they come in.
The jury's smart enough

to separate the prejudicial
from the probative. What's next?

The defendant made
a statement to the police

on the night in question.
Your Honor,

Mr. Simmons was
highly intoxicated.

People v. Kearns, intoxication
renders a police statement

inherently unreliable.

Kearns is an Illinois state
case. It doesn't apply here.

The statement comes in.

Your Honor, in light of these
unexpected rulings,

I have to request a continuance.

Denied. I've got nine active
duty soldiers on that jury.

I will not allow you
to waste their time.

Now it's 1700 hours.

We'll take a short break

for dinner, and begin testimony
at 1800 hours sharp.

At 6:00, Your Honor?

Yes, Mr. Gardner, at 6:00.

Welcome to military court.

And did the defendant make a
statement to you at that time?

Yes, he did.

Detective Rezik, please read

the highlighted part
of that statement.

"She was cheating on you?"

"She was sleeping with somebody,
I know she was."

"Did you kill her?"

"I... I don't know."

Thank you.

One more thing.

In the course of your
investigation that night,

did you search
the suspect's car?

Objection, Your Honor.

Counsel approach.

Your Honor, the police had
no warrant to search the car.

They asked the defendant if they
could search his property.

He said yes.

Is his car not his property?

It was parked
two blocks away, Your Honor.

It's the reasonable man
doctrine.

Judge, he assumed
they meant his home.

Strictly construed, his car
is his property, Mr. Gardner.

Overruled.

Please answer the
question, Detective.

We did search his car,
and we found a backpack,

containing the defendant's
passport, a wig,

and also an envelope containing
$2,000 in cash.

Look, we got this excluded
in state court,

so we never had
to ask this before:

why was that stuff in your car?

If you were scared,

that you would be arrested
for something you didn't do,

we can work with that.

That's not it. It's...

They were calling my unit up
to Afghanistan.

We were all getting deployed,

so...

I was gonna flee to Canada.

I was going AWOL.

Whatever you do, you can't tell
that to a military jury.

Then what do we do?

So, I'm free now.

You're...?

Yesterday.

You needed me?

Oh, that.
Actually, Blake's handling it.

Derrick said you were on Murphy/
Gomes and I should use Blake.

Yeah.

Good luck.

I know that we have
to drop one of them.

It happens with every merger.

I would argue that

we find new representation
for Mr. Dobbs

and stick with the client
who's been with us longest.

That's all.

- I hate this.
- I know we all do,

but both of our firms faced
economic ruin independently,

and in my opinion...

We're busy in here.

Just give us five
minutes, please.

Sorry.

Here are the billable hours

attached to
Mr. Trippi's account.

And here...

are the hours attached
to Mr. Dobbs.

I thought you said
two votes to one.

That's why we did it this way.

And I thought you said
we weren't

going to follow cases on a whim.

This isn't a whim.

Did you see the difference?

Joe has been with us longer.

And Lou brings us more work.

Derrick more work.
No, us more work.

There's no Derrick anymore.
There's no us.

This is a betrayal.

You said that you
would support me.

I didn't see the facts.

Now the facts are important
to you?

In court,
you couldn't give a damn.

Come on, Diane.
It's money.

It's about keeping
our doors open.

My dad drove his business
into the ground

giving money
to everyone he knew.

And I'm not going to make
the same mistake.

You know what you just did?

You just lost your certain vote.

Becca!

Zach.

Uh-oh.

What are you doing?

What am I doing?
What do you mean?

I mean, I didn't ask you to
volunteer for my dad's campaign.

I haven't even
talked to you.

Why won't you just
let me say I'm sorry?

Because you're not.

I am.

There's nothing else I can say.

I text you,
you won't text me back.

I try to wait for you
after school...

You hurt my mom, my dad.

I stopped.

I said I'd stop,
and I stopped.

My parents are getting
a divorce,

and I just...

That's funny?

Yeah, actually, it is.

You think it worked once,

now it'll work again.

What'll work?

I was trying to show you
that I was sorry.

Do you know how boring it is
volunteering at a campaign?

Do you really think I'd do it
unless I really meant it?

So you meant it. Good-bye.

I know Glenn Childs.

So what?

No. I know Glenn Childs Jr.

I don't understand.

The Army did their own
investigation of the scene.

They ran the prints from the
house against military records,

and they only came up
with one match-- Simmons?

Maybe that's all there were.

But he had told me
that he had had lots

of people from his unit
over to the house.

By rule, Criminal
Investigation Command

has to turn over every piece
of evidence that's relevant.

Everything
that's relevant?

Well, who decides
what's not relevant?

They do.

So what do they do with the
stuff that isn't relevant?

I'm entitled to see the file--
all of it.

Yes, ma'am, but I cannot
release that file to you

without orders
from Major Janick.

And so where's
Major Janick?

He's gone for the day.

He'll be back
Monday at 0800.

But we are due back
in court tomorrow,

and if I have to get
a court order...

Ma'am, unless the major
authorizes this,

that's exactly what
you're going to have to do.

Is there a problem,
Corporal?

No, sir,
Lieutenant Hicks.

At ease, then.
And get the file.

Yes, sir.

Sorry, Lieutenant Hicks.

Congratulations
on your commendation.

Are you going back, sir?

Back? No, I've been
redeployed stateside.

I heard Fallujah
was pretty hairy.

As you were, Corporal.

No. No work.

Yeah, it's Will.

Hi. Sorry to call so late.

Uh, there's something
you might use tomorrow.

Can't you do this
tomorrow?

Oh, Will, I'm sorry.

I-I'll phone back.

No, no. That's okay.

What's up?

Um, well, this is what
the CID deemed irrelevant.

I, uh...

Three pairs of fingerprints
found at the crime scene.

We found matches for all of
them in the military database.

Three crime scene fingerprints
that matched military personnel.

Three new suspects? Good.

We'll work up subpoenas.

Thanks, Alicia.

See you tomorrow.

Kalinda.

What do you know
about Derrick Bond?

What do I know?

Well, I did the due diligence.

Everything I found, you have.

What about Derrick Bond
and Will?

Sorry?

As far as I knew, there was
no connection between them.

I was the connection to Derrick.

You're suggesting there's a link
that you don't know about.

I'm suggesting I'd like
to be disabused of that notion.

Then, I'll get to disabusing.

Three sets of fingerprints,
Your Honor--

his unit leader
Captain Gerald Gauthier,

Private Luis Suarez
and Corporal Bradley Vernik.

There were dozens of prints
at the defendant's home,

most of them
unidentified.

But these were identified,
Your Honor,

and they weren't part
of the discovery in state court

because the prints aren't
in Chicago PD's database--

only the military database--
so we've never seen them before.

Your Honor, we'll stipulate

these men spent time
at his home.

Corporal Vernik has
a military record, Your Honor--

an assault charge
against an ex-girlfriend.

No official complaint
was ever pursued.

The complaint was withdrawn.

And you know this how,
Mr. Gardner?

It's in the military
investigator's notes,

Your Honor, which also refer
to phone records

indicating repeated calls

between the defendant's home
and Corporal Vernik's home.

Your Honor, if defense counsel
is insinuating something...

Oh, I'm... I'm doing
more than that.

The prosecution's theory
is that my client

killed his wife because she was
sleeping with someone else.

I submit that someone else
was Corporal Vernik,

in which case
he's a prime suspect

and we need to call him
as a witness.

Your Honor,
I'm afraid that's impossible.

And why is that?

Corporal Vernik was killed
three months ago

in the Marjeh
offensive.

Well, then, in which case
we ask to call the other two--

Private Suarez
and Captain Gauthier.

They're also in Afghanistan.

We can
videoconference them.

We can videoconference them.

I'm not calling soldiers away
from active duty overseas.

Not for a fishing expedition.

Well, then, we ask
for a continuance

until their testimony
can be obtained.

Denied.

I already told you,
Mr. Gardner.

Now, do you have
anything else?

I move that you recuse yourself
from this trial immediately.

Excuse me, Mr. Gardner?

I don't know if it's because you
don't like civilian lawyers,

or something psychological...

Mr. Gardner...
But I-I'm starting to see

why all those Guantanamo
prosecutors resigned.

The system is rigged
against the defendant.

Uh, Your Honor,
if I could just...

You're in contempt, Mr. Gardner.

Another word, I'll
have you removed

for the duration
of the trial.

You've already
removed me

for the duration of the trial.

That's it. Bailiff,
take Mr. Gardner to the ICF.

Your Honor, the defense calls
for a continuance.

I said no continuances.

Yes, Your Honor,
but that was before

you removed our counsel
of record.

Uh, pursuant
to the rule 866.2

of the Military Code,
when the judge orders

a change of counsel,

the defense is entitled
to a continuance.

There are two of you.
Neither myself

or Lieutenant Hicks
are, um, listed

on a-any pleadings,
Your Honor.

Um, the rule is very clear.

Only listed counsel qualify.

Hell of a way to get
a continuance, Mr. Gardner.

You have 24 hours.

So Hicks has a Silver Star?

Apparently,
he single-handedly fought

a convoy of insurgents
in Fallujah.

Saved 20 men.

I... I don't know
what to say about that.

Well, don't say anything.

It embarrasses him.

Oh, now he's just
making me feel inadequate.

I spring for someone's
valet parking,

I brag about it for a week.

Okay.

You are now officially
counsel of record.

What?

I just thought I was done
visiting men in prison.

But I let my client go.

I know, but, uh,

Lou Dobbs still fired us.

He apparently doesn't believe
the partners

have his best interests
at heart.

e partners?

Me, you mean?

He left the door open.

I convinced him to hear from you
or Will that you're on board.

Will is in the brig.

Don't ask.

Is tomorrow good for you?

To convince Lou Dobbs

that I have his best
interests at heart?

Sure.

Tell Lou I'll be right over.

Your suspect, Corporal Vernik,
the one who died in Afghanistan.

Yeah?

His death benefits
are being paid

to his girlfriend.

Uh, Daria Joyce.

That's the address.

Kalinda.

Brad never cheated on me--
not once.

Ms. Joyce, we're very sorry
for your loss.

But we have
phone records showing

that Corporal Bradley Vernik
phoned the victim.

Those calls were from me.

Judith and I were friends.

Until your client killed her.

But why would he do that

if she wasn't
cheating on him?

I never said she wasn't sleeping
with someone.

I said it wasn't Brad.

Ms. Joyce,
if you know something

and could shed
some light on this...

Why would I tell you?

Because, otherwise,
Corporal Bradley Vernik

is the only name we have,

and it's the
name we'll use.

We'll say he cheated on you
and he killed the girl.

Those are lies.

Then, tell us who Judith
had a relationship with.

She was trying
to save her husband.

Save him how?

The C.O. of their unit--

Gauthier-- he said he
could pull some strings,

keep Randall
off the deployment list.

But there was
a price for it.

And Judith
believed him?

She was so desperate
to keep Randall home,

she'd have believed anything.

Ms. Joyce, I need you
to tell this to the court.

No. Absolutely not.

Well, we can subpoena
you if we have to.
I'll lie.

And the Army will let me.

You think they want their
dirty laundry aired in public?

I think a man
is on trial for his life.

Your client killed his wife,
Mrs. Florrick.

He was jealous of her sleeping
with another man.

And the sad thing is,

she was just trying
to keep him home.

Let me.

How do you know him?

Glenn Jr?

Drama camp.

He was a real jerk.

That's how I got these pictures.

So, what, you're hacking
his account?

No. He doesn't have one.

I'm creating it.

There.

Meet Glenn Childs Jr.

You can't do that.

I just did. What is he into?

What are his, uh,
personal interests?

American Idol?

Miley Cyrus.

The Jonas Brothers.

We should have him

say something about his dad.

Something bad.

We're not really doing this.

What do you mean?

I mean, this is all
just fun, right?

We're not really doing this.

Well, they really did this...

♪ Leave your wife
and your mistrial ♪

♪ 'Cause I want to kiss ♪
♪ Peter Florrick. ♪

So, uh, everybody
gets one of those?

Oh, for the firm, yes.

We're trying to go paperless.

At JAG,
we're trying to go paper.

You like the military?

There's no other life.

Wait. Look at this
draft witness list.

Cary's writing again.

He wrote "no" next to
Daria Joyce's initials.

He knew not
to call her to the stand

because he already
interviewed her.

His testimony is hearsay.

Daria will just refute it.

Right.

Ms. Joyce, did the victim
ever confide in you

that she was sleeping with
someone other than her husband?

No, she did not.

Nothing further.

The Defense
calls Cary Agos.

Objection, Your Honor.

Mr. Agos is not
on the defense witness list.

Rule 607 of the Rules
for Court-Martial, Your Honor.

He doesn't have to be

if I'm calling him
as an impeachment witness.

Overruled.

Mr. Agos...
first of all, hello.

Hello.

You persecuted Mr. S...
excuse me-- prosecuted

Mr. Simmons for the murder
of his wife in state court?

I did.

You were there.
You remember that?

I do.

And when you
couldn't convict him,

you convinced
Captain Melinda Gossett

to try him in
military court.

Objection.

Sustained. Mrs. Florrick.

Mr. Agos,

did you personally
interview Ms. Joyce

just prior
to this trial commencing?

I did.

And did she convey to you
her suspicions that the victim

had been sleeping with someone
other than her husband?

Ms. Joyce told me
that she believed

Mrs. Simmons had been sleeping

with the defendant's
commanding officer.

And that would be
Captain Gauthier?

That's right.

Your Honor,
I have to object here

on grounds
of relevance.

Overruled.

Please continue,
Mrs. Florrick.

And did she believe
there were reasons

for this sexual activity?

Captain Gauthier had told her

he could keep the defendant
from being deployed,

in exchange for sex.

Your Honor, based on
Mr. Agos's testimony,

we ask that we be allowed

to question Captain Gauthier
overseas via teleconference.

Objection.

Overruled.

Do you swear to tell the truth,

the whole truth and nothing but
the truth, so help you God?

I do.

So you were at the bar that
night with Specialist Simmons?

Yes, ma'am.

I left at 2300 hours,
and drove Corporal Vernik

and Private Suarez
back to the base.

And then, where did
you go, Captain?

I went home.

So you didn't make a stop

at the home of the defendant?

No, I didn't.

Because Mrs. Simmons
threatened you,

didn't she, Captain?

She was going
to tell her husband that you'd

extorted sexual favors from her.

No.

You told her that you could keep
her husband from being deployed.

No.

I don't have that authority.

But she didn't know
that, did she?

And when you didn't make good
on your promise,

she threatened you,
and you went to her home.

I...

You went to her home,

and you stabbed her 38 times.

Captain Gauthier,

this is Colonel Leora Kuhn,
acting judge.

Do you require
counsel, Captain?

Counsel?

I want...

Captain Gauthier?

Captain?

So you're saying
you can set aside

your personal
political convictions

when it comes to representing
me and my interests?

Truthfully,
I can never put aside

my personal political
convictions.

What I'm saying
is they won't be an issue.

If I can represent murderers

when I think they're guilty,
I can represent you.

Well, that's damn decent of you.

A real vote
of confidence.

Why do I get the feeling that
Derrick Bond put you up to this?

Well, he did,
but I would have turned him down

if I didn't
believe it.

You come back
with Derrick as your lawyer,

and we will not have a problem.

You have my word on that.

I'll come back.

But I don't want Derrick
as my attorney.

I want you.

Me?

No.

You've been more up-front
with me in the past 25 minutes

than any attorney
I've dealt with.

And I like the fact you won't
betray your convictions.

Think about it.

In the matter of
The United States

v. Specialist Randall Simmons,

on the charge of murder
under Section 118

of the Uniform Code
of Military Justice,

we the panel find the defendant...

not guilty.

Thank you.

Dad, I'm free.

Hey, Alicia.

Congratulations.

He didn't do it, Cary.

Captain Gauthier
went AWOL.

There's your suspect.

You know, your client, now that
he's been found not guilty,

it frees him up
to serve out his commitment.

His...

His tour of duty.

They're deploying him
to Afghanistan.

Yes?

You wanted me to look
into Bond and Will,

see if there
was any previous connection.

Oh, yes. Don't worry about it.

It's just the old boy's network
reasserting itself, that's all.

So you don't want to know
what I found out?