All language subtitles for Raising the Bar s01e06 Hang Time.eng

I'm not avoiding you, I'm busy.

I can't talk about this right now.

No, I get that, but three
days is a long time away.

OK, now you're
yelling and I'm late.

Gavin? Gavin?

Got a domestic violence
case that just came in.

I'm on it.

[pounding on door]

Justifying my art,
justifying my marriage,

to you or to them or to
anyone else? No, thanks.

You don't have to justify anything,
but if you want out of here,

you'll tell me what happened.

That's the fallacy with this thing.
That something happened.

The neighbor says she heard a
scuffle, some screaming and crashing.

- The cops found broken dishes.
- Yeah. That's what we were up to.

Well, is that normal
for you two? - Normal?

[Bobbi] Common.

Marriage is tough. I'm not judging.

You think I'm angry, right?

Yes. I'm angry. I work angry.

And is Elise a part of that?
Hell, yes!

God bless her, she's got this
counterintuitive timing thing

that's out of this world.
'Cause as soon as I start working,

it's the bills, the booze, the
morons at her job, the government.

Is that what happened yesterday?

Yesterday? I don't know. Whenever.

This is what happens.
This is the way it is.

But I don't smack her
around, all right?

Dan is brilliant. He's just
not very good with people

- and it just makes it hard.
- What kind of art does he make?

Lately, it's mostly paintings...

I think he would be sculpting
again if we could afford it.

I didn't sign the complaint, so
are they gonna drop the charges?

Depends. They can take up to 30
days to try and change your mind.

[snorts] That's ridiculous.

Elise, I have to ask you.
Did he throw that mug at you?

- Well, sure he did.
- And you told the police that.

Yeah. I mean, I told
them, thinking that...

I don't know. But I say
it and the cuffs come out.

I was like, "What are you doing?
" - Did your husband hit you?

He doesn't beat me, if
that's what you want to know.

We're poor. We live in a closet that
doubles as an apartment and art studio.

I mean, we scream, we
fight, we throw things...

It's not about hurting each other.

This sounds weird, but
it's about expression.

"Expression?"

Like I said, Dan is brilliant.
And when you're with someone like that,

there's a place where fighting
and destruction and love and sex,

it all becomes part of the art.

- Gilardi, case is up.
- Thanks, Carlos.

I don't expect you to understand...

...but I need my husband back.

And he needs me.

I'm gonna do everything I can.

- Still reading, huh?
- Yeah, man.

Page 189, and I'm hoping
this is my last inside read.

Give me some good news, man.

Still at eight.

Hearing's been adjourned till tomorrow.
I'm not pushing you to take it.

I just can't believe
that I'm still here.

Fourteen months from Ronna,
fourth grade for Christopher.

First school trip come and gone.

- I wasn't gonna be that guy.
- You're not that guy.

We're almost through this, Sherron.
You just gotta hang on a bit longer.

- Trial's right around the corner.
- I'm trying, man.

Believe me, brother, I'm trying.

- Jerry?
- Yeah?

Straight up...
We got a shot at this?

Every trial's a crap shoot,
but we got a good story.

We got a good story
because it's true!

Look, if I did this, I would
cop out like I did before,

take my eight, make my peace.

But my car was stopped, man.

And he hit me and kept driving,

like I was a rat that run
underneath his wheel.

Now, I'm sorry I scared his old
tired ass, but come on, man!

You don't get to just
ding up my ride and split

'cause you got
yourself a Range Rover.

Just...

- Get me home, man.
- I'm gonna do everything I can,

- all right, brother?
- OK.

Michelle! Sherron Nettles?

- Yeah?
- Eight is too much.

For a predicate who robbed a heart
surgeon at gunpoint? Eight's a gift.

There wasn't a robbery
and there was no gun.

No gun recovered, which
is not the same as no gun.

They arrested him three
blocks from the scene.

- There was a gun, they'd have found it.
- Unless he ditched it.

A handgun in the streets of
New York that no one noticed?

All I have to prove is that your guy
displayed what appeared to be a firearm.

He says some guy cut him off, pounded
on the window, demanded money,

and had what he believed was a gun.
Open and shut, Jerry.

Your victim is exaggerating
to cover up a hit and run.

He denies that. He says the
whole thing was a setup.

Of course he does. I'll admit,
my client drove him down.

If you want to plead to a traffic
violation, we'll have a deal.

Cute. - What robber
asks for insurance cards?

- He took 300 bucks!
- Only because your guy

didn't want to report the
accident to his insurance.

- Come down a count, please?
- To attempt rob one?

- OK, two counts. To the D and three.
- Not a chance.

Three years is a
significant sentence

for what was, at worst,
a misunderstanding.

[sighs] Tell you what. Tell your
guy to take the five and a half,

I'll get Balco to sign off.
Final jeopardy, Jerry.

Take the plea or worry about the 25
years I'm gonna ask for after trial.

Assuming you win.

Make me prep the hearings,
you got no deal, Jerry.

[man] Docket ending 3476,

People of the State of New York v.
Daniel Denton,

charged with attempted assault in
the third degree, and menacing.

What do we got?
A no-injury domestic?

Yes, judge. Neighbor reports
regular loud altercations.

When police arrived, they observed
disarray, numerous broken dishes.

[Marcus] Complainant stated, "
He threw a mug at me."

People need to investigate. Request
adjournment and order of protection.

I am asking you to release my client.
The complainant doesn't want to proceed.

If the court is considering an order
of protection, I'd ask it be limited.

I haven't interviewed her. Until she
meets with us, we stand by our request.

She's right there in court.
Ask her.

[man] It's not up to her,
they're not gonna talk tonight.

I'm releasing your client and issuing
a full temporary order of protection.

- What's that?
- Your Honor...?

I don't take chances with domestic
violence. It's a full order.

Tell your client to find another
place to stay. Call the next case.

Can we just try not to
have another argument?

You know I love you, too.

OK, stop... Stop.

I didn't make you hang up on
me, Gavin. That's not fair.

I gotta go. What are you two doing?

- Leaving.
- Not together.

I've been in your lab experiment for
30 hours, I'm not doing it anymore.

Do not move. The judge
ordered a total stay-away.

You two cannot, under any
circumstances, be together!

That is ridiculous.
I mean, who cares what we do?

That guy, the DA.

I'm gonna try and fix this but
until I do, follow the orders.

- [Dan] Where am I supposed to go?
- You got friends? Relatives?

No. Fairmont, North Carolina
is not happening again.

Not in this life, all right?

I'll give you the address
to a shelter. It sucks,

but if you want to stay
out of prison, trust me.

Men's shelter?
That's prison already!

Believe me, there's a difference.

Excuse me? Do you have a minute?

Sure.

This is all just a mistake.

The police made this assumption that
I'm a battered wife, totally off-base.

You did tell the police that
your husband threw a mug at you.

And they smelled
alcohol on his breath.

- Sure, but he wasn't trying to hurt me.
- What was he trying to do?

Let me know that he
was feeling something.

- Like rage?
- Maybe.

[exhales] What is the deal
with this stupid mug toss?

Mrs. Denton, I promise you,

if your husband can pick up
a mug and throw it at you,

he is perfectly capable
of throwing punches, too.

Or worse. I'm trying
to help you here.

Then please, just listen to me...

I am listening. You want me to
drop the attempted assault charge,

you're not telling me it didn't happen.
You're telling me it did, and it's OK.

I'm telling you that it's not.

And who the hell are you?

I mean, seriously?

Mrs. Denton, calm down. I know
that... - Stop telling me what to do!

You people are clueless!

I am making minimum wage,
bringing home 38 bucks a day

while dragging Dan out of the apartment
so he can kick in an extra 30

from a moving job or two!
If he is not with me,

he won't go and we won't make rent.

I am gonna get kicked out of
my home because of your help.

And I am not putting you at risk
for the sake of your apartment.

I'm sorry. Victim Services
may be able to help,

but I'm gonna need
your cooperation.

You have to sign the complaint.

Screw my cooperation.
Screw the complaint. And screw you!

- [door slams]
- [crashing]

[door buzzes]

[snorts] Pack of menthols.
That's gotta be bad news.

[exhales] Talked to the DA.
She'll come down to five and a half.

[Sherron exhales]

- I think you should consider it.
- Five and a half years?

With the time you've been in,
it's three and a half left to do.

- Bunglebees.
- What's that?

Oh, it's what Christopher used
to call the big bees in the park.

He used it whenever
he got frustrated.

Bunglebees. [laughs]

Three years and he'll
almost be in high school.

Better than the football numbers
we're looking at if this goes south.

- So five and a half or trial?
- Pretty much.

You know, it's funny how you
guys always think in years,

saying stuff like, "Give me six."

Or "How 'bout two?
" Stuff like that.

But me, I think in days, man.

Every one of those years
is 365 days to me.

I know...

That other case? I deserved the
prison time I got. But this?

I'm paying a bill I know I don't owe.
Ain't enough cigarettes in the world

that can get me through another
three and a half years of that.

Then we go all the way.

[chuckles, sighs]

Finally time to pick out
that trial suit, huh?

[Sherron chuckles]

Hey, Jerry... Thanks for
the cigarettes, brother.

Kellerman, my man!
[chuckles] Did you miss me?

- Reggie...
- You look like crap.

You're working too hard...

Hold on, pal. - [Gavin] You
and my wife. Where is she?

Bobbi!

Bobbi! Come out, come
out, wherever you are.

- Mr. Gilardi.
- What?

- Dr. Gilardi.
- Dillon. Dr. Dillon.

I look Italian to you? Hm?

[sighs]

How you doing, man? Who are you?

Wait a minute, let me guess.

Yeah, you gotta be Richard,

Richie Rich.

Listen, don't worry about what
she says behind your back, OK?

Bobbi gets a lot wrong.
She's not stupid, she's just dumb.

If you'd stopped talking
and just asked me,

I would tell you she's
not here. - Oh, yeah?

Hope you're lying better
than that in court, Rich.

- There's my baby! Hi...
- Gavin, I'm with a client.

- What'd you do? Beat your kids?
- It's fine.

Kill your husband?
I shouldn't give her ideas!

I'm gonna go. - Oh, you
don't have to be polite.

Someone should.

Oooh. Oh, another bitch with a
smart mouth! You're pushing me.

- Is there a lawyer?
- You're using.

- No!
- Stop lying!

OK. You see how the fights start?
I'm just trying to talk to you,

and you lob a grenade.

Gavin, please just go home.

- Why don't you come with me?
- I can't! I'm working!

The Review Board's in a couple
of days and we need a plan.

- I'll be home soon.
- You're not gonna help me, are you?

Gavin. We'll discuss
this tonight, OK?

See, if I call you four
times like I did today,

when I text you six times like I
did today, you do not ignore me.

You do not blow me off.
You pay attention to me!

- Excuse me!
- I'll walk you out.

Sit down. You're interrupting
a private conversation.

Which just ended. Say goodbye...

Say goodbye.

- Don't be late, honey...
- Get him out of here!

Do you give back rubs, too?

Show's over, everybody.
I am so sorry about all that.

- You're in early.
- That makes two of us.

- Jerry, about Gavin...
- Not my business.

Thanks.

Unless you want to tell me.

You haven't seen his best side.

Well, now I feel better.
Because if that was his best side...

Look, he's maxed out on stress.

Looked to me a little
more than stress.

At first... it was just
to survive the shifts.

But what goes up must
come down, right?

You turn into a chemical database.

Then, he got caught writing
scrip for himself...

...two weeks ago.

[sighs]

Now what happens?

He goes in front of the State
Medical Board, tomorrow.

Does he get to have
you represent him?

He wants me to testify that...

...I'm the one with a drug
problem, and the scrip was for me.

Perjury to a State Commission...

- You'd be risking your law license.
- The hearing's confidential.

Personally, I wouldn't count on that.
Nothing's a secret anymore.

Ask our ex-governor...
Our new governor! Take your pick.

If I don't help him, it's the
end of our life together.

He's a good guy, Jerry.
He'll make a great doctor.

Sometimes you gotta take
care of yourself, Bobbi.

[cell-phone ringing]

Oh, that's... that's mine.

This is Bobbi.

OK, Elise, just
tell me where he is.

I'm on my way.

I gotta go.

[buzzer, door opening]

I had my "come-to-Jesus" moment.

Before or after you
broke the cop's nose?

The higher power was
not involved there.

They were stumbling over my canvasses.
Yanking me around like livestock.

You weren't supposed to be there.
There was a court order.

I came back to get my stuff.

Elise was freaking out,
so I stayed for a bit.

What were the cops doing?
They got our place bugged?

Probably a follow-up visit, standard
in a domestic violence case.

You gotta understand this is no
longer a domestic violence case.

It's a "cop's broken nose case"?

That, and violating a court order.

It's more serious now.

You pissed off the courts and
the cops in one fell swoop.

They're putting me in cuffs
and she's screaming at 'em.

And all I keep thinking is this
woman is way too good for me.

I know what it is to
fight for a marriage.

She's been wanting a kid.
I've been putting her off.

"We're too poor. We're not ready.
" Blah blah blah, blah blah.

But that's what this is.

Too little, too late, right?

We'll see.

Jerry. Changed sides?

Same side. Same case.

Sherron Nettles. - So he's
taking the five and a half?

- Actually, no.
- Then, as I mentioned,

I have cops to alert and prep to do
before the hearing this afternoon.

There's a muffin on my desk.

Yeah.

- A bran muffin.
- Fat-free bran...

I want you to dismiss the case.

And I want a house in the
Hamptons. - I'm serious.

So am I. The difference is with a
little time, I have a shot at the house.

- I really believe this guy.
- You believe everyone, Jerry.

No. I spend lots of time telling you why
you won't win, your case is overcharged,

but I almost never
use the "I-word."

- You think your guy's innocent?
- I do.

You think a renowned cardio-thoracic
surgeon made a false robbery complaint?

Three surgeries that day? He was tired,
scared, maybe didn't notice the impact.

- I admire you, Jerry.
- [snorts]

No, I love your ability to really
believe what your clients tell you.

But your guy's not innocent,
and I'll prove it.

- What do you got?
- New offer: D felony, three years.

This gives your client a
choice: 16 months left to serve

or a trial that could spring him next week.
An innocent guy takes the trial.

Your guy? He takes the three,
because your guy did it.

That is perverse.

- But thank you, seriously.
- Go talk to your client.

I'll prep the hearing,
just in case you're right.

[Jerry] Hey.

Aw, you got something!
Come on, man, I can tell.

[door shuts]

D and three. - And you
gonna tell me to take it.

- Yeah.
- Just skip trial,

straight to prison,
do not pass go...

That's my advice. We got a great
defense, and for what it's worth,

- I believe you.
- But you ain't the jury.

This is Manhattan.
The people who are gonna judge you,

they're lawyers, bankers,
Wall Street dudes...

A jury of my peers, huh?

If we get four jurors from north
of 125th Street, we'll be lucky.

It's your word against his.

Take the word of the white heart
surgeon over the black grocery bagger.

You forgot "convicted felon.
" - The jury gonna know about my record?

If we try this, you'll have to testify.
There'll be a Sandoval hearing,

where the judge decides how much the
jury is to know about your record.

She's gonna let them hear
you've been a convicted felon.

- I don't have a prayer!
- I'm afraid they'll hear that,

they'll look at you, they'll
look at the old man, and think,

"There but for the grace of God...
" - Which leaves us looking at 25.

Blow trial, and 15 years from
now you'll be sitting in a cell

with ten left to do, wondering
why you didn't cop to the three.

You're almost halfway home. A few months
and you'll be counting down to freedom.

I'm not happy about it either, but three?
It's too good to pass up.

OK.

I'll see you in there, brother.

[man] Number 17 on the calendar,

People of the State of New York v.
Sherron Nettles,

charged robbery in
the first degree.

Jerry Kellerman, public
defender for Mr. Nettles.

Michelle Ernhardt for the People.

Are we ready to proceed
with the hearings?

- Actually, no, Your Honor.
- No?

I believe we have a
disposition, Your Honor.

What is the proposed disposition?

Attempted robbery in the
second degree and three years.

- That's correct, Your Honor.
- Is that what you wish, Mr. Nettles?

Yes, Your Honor.

And am I correct, Mr.
Nettles, that in entering this plea,

you admit that on July 16th

at approximately 2:15am
on East 68th Street,

you attempted to remove a large
sum of United States currency

from the person of Jakob Bratmon and
displayed what appeared to be a firearm?

Actually, I...

Yes, ma'am.

You understand by accepting this plea
of Armed Robbery in the Second Degree,

I intend to sentence you to
imprisonment for three years?

- Yes, ma'am.
- Excuse me?

Yes, Your Honor.

Anyone force you or threaten you
in order to make you plead guilty?

No, ma'am. - And you
enter this plea freely,

and voluntarily, understanding that

you are giving up your
right to a jury trial,

as well as your right to cross examine
or confront any witnesses against you?

Yes, ma'am.

Very well. I accept the plea and
impose the agreed-upon sentence.

[Kessler] Next case, please.

[soft rock playing]

She didn't do herself any favors
coming and telling me to get screwed.

She told you what she wanted, you
ignored her. I'd do the same.

You wouldn't have
been in the situation.

- You tell the cops to follow-up?
- What are you saying?

You had an idea she'd tell him
to go back to the apartment.

- McGrath, under the gun.
- He sweats on the inside.

I didn't say anything to the cops.
But if I had...

- You'd be doing your job.
- Exactly.

Using the system to break up people that
love each other and want to be together?

It's a living. - No.
Bobbi, he doesn't love his wife,

- he hits his wife.
- Burden of proof.

Roz, I'm telling you, this is a violent guy.
He drinks and he hits her.

He broke a cop's nose.

Now, she doesn't want to say
it or admit or believe it,

but this is a violent relationship.

She depends on the guy for
money, that's why she stays.

She is disempowered!

And if you two took off
your PD hats for a second,

we wouldn't even be arguing!

Taking away the woman's freedom of
choice isn't empowerment, Marcus.

It's paternalism.
And I'm not wearing a hat.

- [Richard] Oh!
- [Charlie laughs]

Rosalind Whitman,
ladies and gentlemen.

You all right? You gonna be OK?

Don't mess with the boss, Marcus.

Yeah. You know what? We're gonna have
to agree to disagree on this one.

- You out of here?
- Yeah. I gotta go.

- Take it easy, all right?
- Thanks. I'll see you tomorrow.

- Another one? Anyone?
- [Richard] Yeah.

She's kind of obvious
about it. - Obvious?

She's way into you, kid.

Hanging on your every word like
you're her hero or something.

She's married. You don't know
what you're talking about.

Yeah, actually, I
know it all too well.

I know you're a sucker for it, too.

All right, you're dreaming up
problems where they don't exist.

- Yeah.
- Have a drink. Forget about it.

OK, Jerry.

Dan Denton, docket ending 3624,

charged assault in the second degree and
violation of an order of protection.

Your Honor. - Roberta
Gilardi for Mr. Denton.

Didn't I just see this guy?

The assault has nothing to
do with the complainant.

She spoke to the DA requesting
a modification of the order.

I didn't realize the DA's
office could modify my order.

- I wasn't suggesting...
- I'm sure you weren't.

- Your Honor, it does mitigate...
- What? The demonstrable fact

he violated a protective order
in a domestic violence case?

That he was drunk and he assaulted
a police officer doing nothing more

than insuring that a batterer
stay away from his victim?

Mr. McGrath, was it your intention
to come before me today and

seek a modification of
the order of protection?

- No, judge.
- No! And why not?

Though I did speak
to the complainant,

it is the People's position
there is a history of violence.

- That is not true!
- Be quiet,

or you'll be removed
from this courtroom!

The defendant's conduct in
violating this court's order

indicates an utter
contempt for the law.

- So I gather you're asking for bail.
- Yes, judge, $5,000 cash.

Please, judge, this is
a big misunderstanding.

My client will abide by any
conditions the court sets.

History is not on your
side, Miss Gilardi.

Bail is set for $10,000,

cash or bond. Officer, take charge.

- Next case.
- [man] Docket ending 7509.

Could your parents help?

- Ten thousands dollars?
- What about Elise's family?

No. No, there's no
one, there's no money!

Ten thousand dollars
does not exist,

so let's just stop
talking about it!

Look... I'm sorry.
I'm sorry. [exhales]

Do me a favor and paint
me a picture. - A picture?

Yeah. Tell me what
all this looks like.

[sighs]

Ten to 25 months at
Rikers, waiting for trial.

I'll fight to make a deal, but the DA
doesn't deal when cops have been hurt.

If you win at trial, you walk.

- Would you bet on that horse?
- Anything can happen, Dan.

You sound like an artist.
Give me the other side of it.

If we lose, the max is seven years.
You're not a predicate offender,

but Ventimiglia made it clear he
wasn't gonna be lenient, either.

When the dust settles, you're looking
at four years in the state penitentiary.

Four years...

Look, you take one day at a time.
We knock off months where we can.

I don't know. When can I see Elise?

The original order of protection
remains in effect until trial.

- So she can't come and visit?
- No.

And if we lose, the order remains
in effect for three years

after you're released from prison.

[sighs] Add it up for me.

- Anything can happen.
- Add it up!

Seven years.

- Until I can see my wife again?
- I'm sorry.

- [knocking]
- [door buzzes]

[door shuts]

Kellerman?

I thought I'd enjoy the precious
luxuries of an office day.

Mmm. - Read the paper, call some clients.
Long, slow lunch...

- You bought the paper?
- It's Richie's.

- [Roz] And you got nothing on?
- A single 180.80 that Miller's covering.

- What's your excuse?
- I'm working. Seriously.

- Hey, you know Alfred Grayson died?
- Reading the obits?

That's that guy who argued
that right to counsel case

that got lawyers for juveniles?

Defended every acid-eating radical
that survived the 60's. Guy's a legend.

- Let me see that.
- [strains]

Probably the best oral argument of the
Berger years. That's a guy who lived.

Hmm.

Son of a bitch.

I don't believe it! She lied! Ah...

I have to be on the bench in ten minutes.
This better be good.

Jakob Bratmon is dead.
Dead, five days ago.

- Jakob who?
- Bratmon, the heart surgeon.

The victim and only witness
in the case we pled yesterday,

the Sherron Nettles case, is dead!

So? - She lied, withheld
critical evidence.

- My client pled under false pretenses.
- Is this so, Miss Ernhardt?

The facts of what Mr.
Kellerman says are true,

but not his characterization.

Were you aware of the
complainant's passing?

Yes, but the health of my complainant
doesn't go to guilt or innocence.

I have no obligation to reveal it.

Health? How about the
status as a living person?

The man had a massive coronary!

He was in the ground
when the plea went down.

Without disclosure, Miss Ernhardt, Mr.
Kellerman does have a valid concern.

- I never said he was alive.
- [snorts]

So I assume you are
moving to vacate the plea?

Yes, Your Honor, based on
prosecutorial misconduct,

material misrepresentations

and unconstitutional
withholding of Brady material.

I don't look very kindly on playing
fast and loose with the truth,

no matter which side does it.
It's an interesting issue.

I'll take it under advisement,
give you my ruling in the morning.

I'll see you both in my
courtroom at 11:00. That's all.

Wow.

Well, Kellerman may actually have a
reason to be rageful for a change.

What do you make of it?

- It's classic People v. Jones.
- Pull the case for me.

- Sorry, Bobbi. Sorry.
- Hey.

It's OK.

It must've hurt.

In so many ways.

What happened?

When you said "perjury
," that did it for me.

I love the guy, but I wasn't
gonna let him drag us both down.

I told him I wasn't gonna testify.

I just couldn't get out
of the way fast enough.

- First time?
- Gavin's not a hitter.

Except he hit you.

First and last time. I left him.

[exhales]

Good. Is there anything
I can do for you?

No. Thank you.
I'm staying with my sister.

[chuckles] Found out
she never liked Gavin.

If you need me to, I
can cover for you.

I'm doing what I need to do. A couple
of clients to see, a couple of pleas.

Beats thinking about myself.

One foot in front
of the other, right?

One foot in front of the other.

- McGrath, as I live and breathe.
- I'm here to see Bobbi.

She finally break you?

I got a call about a half hour ago.

[Marcus] Dan Denton hung himself
in his cell this morning.

The case is dismissed.

I'll send the papers over
this afternoon. Listen...

...I know how hard it is to
lose a client. I'm sorry.

How does it feel for
you, Marcus? - Excuse me?

All Elise wanted was her husband,

now he's dead because you
decided she wasn't entitled.

He's dead 'cause he
committed suicide.

An 86 year-old shut-in and a broken
coffee mug add up to nothing,

but you insisted there was a problem.
Congratulations. It's fixed.

All I care about are the odds, Bobbi.
For every Dan Denton,

there are 100 battered women
in the hospital or the morgue,

because nobody thought
to do anything about it.

The system isn't equipped to
assess a marriage, Marcus.

That's up to the
people who are in it.

I have to call Elise Denton
and give her the news.

I already made that call.

I don't care how much heat I take on this.
I did the right thing.

Hey, Jerry!

Man, I thought they put me on
the wrong bus this morning.

I'm getting ready for the long ride to
downstate, and here I am all over again.

What's going on? - I don't
want to get your hopes up,

but we might have a shot
at getting you home.

- Home?
- The guy died.

- The complainant.
- What's that got to do with it?

You have a constitutional right

to confront and cross examine
the witnesses against you.

OK, but I copped out, so...
look, man,

I'm trying to get my head wrapped
around the time I'm doing here.

I filed a motion to vacate your plea
as soon as I found out about it.

You pled under false pretenses.

If I'd have known, I'd
never have let you do it.

I don't know if
we'll pull it off...

What happens if she rules for us?

Best case? You're home for dinner.

And if we lose?

You'll be downstate
counting backwards.

Then don't lose.

Kellerman, judge
wants you in court.

All right, Vince. Fingers crossed.

Don't lose, Jerry.
You the man, Jerry.

You the man!

All rise, court is back in session.
The Honorable Trudy Kessler presiding.

Mr. Kellerman, anything further before I
rule on your motion to vacate the plea?

In light of conduct
of the DA's Office,

I intend to ask the court to
consider a motion for sanctions.

Miss Ernhardt?

As previously stated, it is the
People's position there is no obligation

to disclose the private health
information of witnesses.

Very well. Let me first say that
this court takes very seriously

allegations of misrepresentation
and falsehood.

Were I to find an officer of this court
willingly withheld critical information

in violation of their legal duty,
I would consider sanctions.

The situation before me is unusual, but it
is controlled by People v. Jones,

forty-four, New York, Second at 76.

In Jones, the Court of
Appeals held that, quote,

"The defendant was not denied due
process when the district attorney

did not disclose during plea
negotiations the witness had died."

Wait, what? - Brady
simply does not apply here.

The court in Jones states
the death of a witness

is not exculpatory evidence,
because it is not evidence

favorable to the defendant that
bears on either guilt or punishment.

Therefore, Mr. Kellerman,
your motion is denied.

The fact it's legal
does not make it right.

On the contrary, the fact that it's
legal is precisely why it's right.

Questions of ethics are
for the ethics committee.

No. But they're not.
They're for us, for you, for her, me.

Sending someone to prison on a
technicality might make great politics,

but it isn't honorable.

When we rig the process or
load the dice for either side,

we forfeit the one thing that
sustains this entire enterprise:

legitimacy.

The bedrock belief that no matter who
you are, you'll get a fair shake,

not a knowing wink or a head fake.

Lose that, and the
system's not worth saving.

I understand your frustration,
but the law is clear.

I am bound by precedent.
Your motion is denied.

The plea and the sentence stand.
Take Mr. Nettles back.

So we lose.

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

Hey, you did a good job, Jerry.

- I'm so sorry.
- I'll be OK.

I'm counting backwards already.

You're a good man.

Bad?

- Complicated. You?
- Frustrating.

Mm. Marcus, ever think there's things
we shouldn't do even though we can?

Well, the law just tells
you what you can't do.

But inside that,
knowing what's right,

tells you what you should do.

Hey, blondie, heard you turned
the dead witness trick today.

That's nice work.

Yeah, we'll make a
killer out of you yet.

Yeah, thanks.

Oh, incoming...

Kessler didn't
vacate the plea? - No.

[Roz] How's the client?

He consoled me.

I sell him out and he
thanks me for fighting.

Can I talk to you alone
for a minute, please?

Sure.

[Gavin exhales]

So I went to the hearing.

And I copped to everything.

I'm an addict. I know that.

- First step, right?
- Did they pull your license?

It's scary, isn't it? They're
actually giving me a second chance.

I'm suspended. Mandatory detox.

Random drug tests for
the next ten years.

I'll lose a year of residency
credit, but I can still be a doctor.

So a good outcome, then.

I don't give a damn about that anymore.
I screwed up our life.

Words are cheap...

But I came to say that I'm sorry.

I am so sorry.

So I'm supposed to forget?

I can't.

Listen...

I want you to go home
without worrying about me.

I'm scheduled to check
into a clinic today.

It's a 28 day, locked,

inpatient detox, which I need.

- Where?
- Washington Hospital.

I can't make or take calls
for the first ten days,

but would you talk
to me after that?

I love you...

...so much.

You're not gonna make me cry.

Just tell me it's not over yet.

I don't know.

I... I don't know.

OK.

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