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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:06,006 --> 00:00:08,632 Deborah Glass. I did not call her, Adam. 2 00:00:08,633 --> 00:00:12,052 Suarez took me off the Scott Glass case. 3 00:00:12,053 --> 00:00:13,387 Ambition can be costly. 4 00:00:13,388 --> 00:00:14,722 Fuck you, Haller. 5 00:00:14,723 --> 00:00:17,725 What else did you learn from your meeting with Trina Rafferty? 6 00:00:17,726 --> 00:00:20,019 Gloria admitted to her that she planted the gun. 7 00:00:20,020 --> 00:00:21,311 Objection, hearsay. 8 00:00:21,312 --> 00:00:24,481 On the orders of a DEA agent named James De Marco. 9 00:00:24,482 --> 00:00:26,191 Your investigator and his wife. 10 00:00:26,192 --> 00:00:28,986 If they wanna know about me, they should just come and ask. 11 00:00:28,987 --> 00:00:30,154 I'm right here. 12 00:00:30,155 --> 00:00:33,073 We have a new piece of evidence against De Marco, and it's big. 13 00:00:33,074 --> 00:00:34,408 Bingo. 14 00:00:34,409 --> 00:00:36,452 I will allow Agent De Marco to testify. 15 00:00:36,453 --> 00:00:38,579 I'm keeping you on a very short leash. 16 00:00:38,580 --> 00:00:42,041 Gloria received this subpoena on the evening of August 3rd. 17 00:00:42,042 --> 00:00:44,251 Forty-one minutes later, she made that call. 18 00:00:44,252 --> 00:00:46,128 Would you mind dialing the number? 19 00:00:46,129 --> 00:00:48,297 Drug Enforcement Administration. 20 00:00:48,298 --> 00:00:50,174 What about this man wearing a hat? 21 00:00:50,175 --> 00:00:52,134 I think this man was following her. 22 00:00:52,135 --> 00:00:54,386 The man in the hat was Neil Bishop. 23 00:00:54,387 --> 00:00:56,722 Guy who gave you the coke, any idea who he was? 24 00:00:56,723 --> 00:01:00,434 Said his name was Hector something. Uh, Moya? 25 00:01:00,435 --> 00:01:03,645 I'm no rat, Mickey. You know that. This guy could come after me. 26 00:01:03,646 --> 00:01:06,191 - What if I'm not looking for a drink? - Parking lot. 27 00:01:07,025 --> 00:01:09,777 James De Marco. You're under his thumb, right? 28 00:01:09,778 --> 00:01:11,071 - Mr. Haller? - What? 29 00:01:13,114 --> 00:01:17,993 If there's one thing I've learned, you gotta let the ghosts go, 30 00:01:17,994 --> 00:01:19,995 or they will drag you under, 31 00:01:19,996 --> 00:01:22,623 and you'll never be the lawyer you need to be. 32 00:01:22,624 --> 00:01:24,666 We can't waste more time. We gotta get him out. 33 00:01:24,667 --> 00:01:26,086 He can't take any more. 34 00:01:51,361 --> 00:01:54,781 ♪ Walked in the joint and there was hell to pay ♪ 35 00:01:56,032 --> 00:01:59,035 ♪ Just lookin' around It looked like judgment day ♪ 36 00:01:59,536 --> 00:02:01,954 ♪ Every man I ever owed was in-- ♪ 37 00:02:15,510 --> 00:02:16,344 Hello? 38 00:02:16,886 --> 00:02:17,971 Yeah, this is him. 39 00:02:19,597 --> 00:02:23,143 Wait, what? What are you talking about? When did this happen? 40 00:02:23,977 --> 00:02:25,102 I'm on my way. 41 00:02:27,939 --> 00:02:30,399 Julian's in the hospital. He was attacked by an inmate. 42 00:02:30,400 --> 00:02:32,651 - Holy shit. - Oh my God. Attacked how? 43 00:02:32,652 --> 00:02:35,654 All I know is he was stabbed during the transfer from county. 44 00:02:35,655 --> 00:02:38,740 Wait, how does this happen? Don't they have, like, guards guarding? 45 00:02:38,741 --> 00:02:41,703 If someone wants you in jail, they'll get you. How bad is it? 46 00:02:42,287 --> 00:02:44,872 I don't know yet. I'm on my way to the hospital right now. 47 00:02:44,873 --> 00:02:47,583 Lorna, call Judge Turner's clerk. Tell them what happened. 48 00:02:47,584 --> 00:02:50,502 See if she'll postpone court while I get more information. 49 00:02:50,503 --> 00:02:51,420 Will do. 50 00:02:51,421 --> 00:02:54,047 That will buy us time to think about how to prevent a mistrial. 51 00:02:54,048 --> 00:02:55,966 Wait. A mistrial? What? 52 00:02:55,967 --> 00:02:58,427 Forsythe is going to move for a mistrial right away. 53 00:02:58,428 --> 00:03:00,679 He knows we're landing with the jury, 54 00:03:00,680 --> 00:03:03,223 and he's going to use this to try to get a do-over. 55 00:03:03,224 --> 00:03:06,018 That's what I'd do. Cisco, find out who stabbed Julian. 56 00:03:06,019 --> 00:03:08,270 If there's any connection to Bishop or De Marco. 57 00:03:08,271 --> 00:03:10,731 - I'm on it. - You think De Marco's behind this? 58 00:03:10,732 --> 00:03:12,774 I can't prove it, but it makes sense. 59 00:03:12,775 --> 00:03:15,486 If they take Julian out, the whole case goes away. 60 00:03:16,112 --> 00:03:19,990 It means we have to start all over. It means another year in jail for Julian. 61 00:03:19,991 --> 00:03:20,949 Oh my God. 62 00:03:20,950 --> 00:03:24,369 We can't let him get a mistrial. Lorna, find some precedent. 63 00:03:24,370 --> 00:03:26,830 Trials that continued without the defendant in court. 64 00:03:26,831 --> 00:03:29,166 If I don't leave now, I'll be late for the McCrudden hearing, 65 00:03:29,167 --> 00:03:31,835 but we're setting a pretrial, so it won't take long. 66 00:03:31,836 --> 00:03:35,797 Meet me in Judge Turner's courtroom. Try to have something to say to her. 67 00:03:35,798 --> 00:03:36,965 Yep, got it. 68 00:03:36,966 --> 00:03:40,178 Izzy, meet me at the hospital. I can't stay long. I need you there. 69 00:03:40,762 --> 00:03:41,720 I'm on my way. 70 00:03:41,721 --> 00:03:43,139 All right, I'll see you soon. 71 00:03:52,941 --> 00:03:55,442 - Watch it. - I see it, I see it. 72 00:03:55,443 --> 00:03:57,778 Sure, that's what you always say, 73 00:03:57,779 --> 00:04:00,240 and then you end up with coffee all over your tie. 74 00:04:02,533 --> 00:04:04,369 You took your eye off the ball. 75 00:04:05,870 --> 00:04:08,122 I covered every base I could think of. 76 00:04:08,623 --> 00:04:10,540 I moved him into protective housing. 77 00:04:10,541 --> 00:04:13,252 Even Hector Moya said his guys would keep an eye on him. 78 00:04:13,253 --> 00:04:15,170 That's not what I'm talking about. 79 00:04:15,171 --> 00:04:18,715 If you had just told me the truth, we wouldn't be in this mess. 80 00:04:18,716 --> 00:04:19,925 Ever think about that? 81 00:04:19,926 --> 00:04:21,886 I did what I had to do. 82 00:04:23,012 --> 00:04:24,389 You ever think about why? 83 00:04:25,682 --> 00:04:27,809 Why I felt like I couldn't tell you? 84 00:04:29,769 --> 00:04:30,727 Yeah. 85 00:04:30,728 --> 00:04:32,647 It doesn't matter anymore, does it? 86 00:04:33,147 --> 00:04:35,524 The only thing that matters is, what do I do now? 87 00:04:35,525 --> 00:04:37,818 You should be bringing down De Marco. 88 00:04:37,819 --> 00:04:39,403 I'm trying, Gloria. 89 00:04:39,404 --> 00:04:42,531 There's a process, you know? There's rules we have to follow. 90 00:04:42,532 --> 00:04:43,699 Fuck that. 91 00:04:43,700 --> 00:04:46,535 These assholes don't follow any rules. 92 00:04:46,536 --> 00:04:49,122 Somebody gets in their way, and they kill them. 93 00:04:49,622 --> 00:04:51,540 And you're letting them get away with it. 94 00:04:53,710 --> 00:04:55,670 I need you, Mickey Mantle. 95 00:04:56,587 --> 00:04:59,048 You gotta get a hit here, do you understand? 96 00:04:59,716 --> 00:05:02,677 Don't let me be just another story they tell, huh? 97 00:05:04,178 --> 00:05:07,515 Nail these fuckers... for me. 98 00:05:50,808 --> 00:05:52,726 I'm very sorry, sir, but he's in custody. 99 00:05:52,727 --> 00:05:55,062 Somebody tried to kill him and you're worried he'll escape? 100 00:05:55,063 --> 00:05:58,315 We have procedures to follow. You're not listed as a next of kin, so-- 101 00:05:58,316 --> 00:06:00,233 But it doesn't-- This is discriminatory! 102 00:06:00,234 --> 00:06:04,863 No. We treat all married couples the same, regardless of sexual orientation. 103 00:06:04,864 --> 00:06:07,282 But you and the patient are not married, Mr. Lyons. 104 00:06:07,283 --> 00:06:09,409 Excuse me, I'm the patient's lawyer. 105 00:06:09,410 --> 00:06:12,454 I'm sure you understand Mr. Lyons is just worried about him. 106 00:06:12,455 --> 00:06:16,208 Yes. I promise someone will let you know as soon as we have any update. 107 00:06:16,209 --> 00:06:20,128 Right now, all I can tell you is that Mr. La Cosse is still in surgery. 108 00:06:20,129 --> 00:06:22,005 If you would please both take a seat. 109 00:06:22,006 --> 00:06:24,717 Of course. Thank you for your help. Thank you. Come on. 110 00:06:26,052 --> 00:06:26,885 This is insane. 111 00:06:26,886 --> 00:06:28,678 They're just doing their jobs, David. 112 00:06:28,679 --> 00:06:34,602 No. How could somebody stab Julian and... and nobody be around to stop it? 113 00:06:36,396 --> 00:06:38,730 Mickey, he could have died. 114 00:06:38,731 --> 00:06:40,775 Okay? He could still die. Julian... 115 00:06:41,984 --> 00:06:45,195 - Do you understand? - Yes. I'm gonna get to the bottom of it. 116 00:06:45,196 --> 00:06:47,073 I have people looking into it. 117 00:06:48,908 --> 00:06:50,827 You know, you said you could keep him safe. 118 00:06:51,953 --> 00:06:53,204 And now look where we are. 119 00:07:02,338 --> 00:07:05,632 Case number BA72539. 120 00:07:05,633 --> 00:07:07,467 People versus McCrudden. 121 00:07:09,804 --> 00:07:12,557 BA72539. 122 00:07:13,057 --> 00:07:14,182 Is counsel here? 123 00:07:18,479 --> 00:07:22,150 Last chance. BA72539. 124 00:07:22,775 --> 00:07:25,402 Going once. Going twice. 125 00:07:25,403 --> 00:07:28,196 Uh, Your Honor, I see counsel in the courtroom. 126 00:07:28,197 --> 00:07:30,031 - If you'll give me a moment? - Please. 127 00:07:30,032 --> 00:07:32,325 Take all the time in the world, Miss Freemann. 128 00:07:32,326 --> 00:07:35,121 It's not like the rest of us have anything better to do. 129 00:07:36,330 --> 00:07:38,249 Lorna. Lorna. 130 00:07:38,833 --> 00:07:40,041 - Lorna! 131 00:07:40,042 --> 00:07:41,501 Oh shit. 132 00:07:41,502 --> 00:07:43,712 Sorry, I was in the zone. Did they call my case? 133 00:07:43,713 --> 00:07:44,796 Yes. Three times. 134 00:07:47,008 --> 00:07:48,675 - Everything all right? - Not really. 135 00:07:48,676 --> 00:07:50,343 Somebody stabbed Julian La Cosse. 136 00:07:50,344 --> 00:07:52,429 I have to argue in front of that judge next. 137 00:07:52,430 --> 00:07:54,473 Oh my God. I'm so sorry. 138 00:07:54,474 --> 00:07:56,600 It's okay. Thank you for coming to get me. 139 00:07:56,601 --> 00:07:59,269 - Yeah. - What are you doing here, anyway? 140 00:07:59,270 --> 00:08:01,271 Are you on calendar duty? 141 00:08:01,272 --> 00:08:02,522 Unfortunately. 142 00:08:02,523 --> 00:08:04,900 It's a long and depressing story. 143 00:08:04,901 --> 00:08:08,361 Anyway, I really am sorry about your client. 144 00:08:08,362 --> 00:08:10,823 Let me know if there's anything I can do to help. 145 00:08:11,324 --> 00:08:14,159 Wanna drop these charges so I can get out of here? 146 00:08:14,160 --> 00:08:15,869 - I'm not that sorry. - Counsel. 147 00:08:15,870 --> 00:08:17,497 Come on. Let's get this over with. 148 00:08:22,543 --> 00:08:25,171 Excuse me. Watch out. Excuse me! 149 00:08:44,732 --> 00:08:45,815 Cisco. 150 00:08:45,816 --> 00:08:48,151 I can't tell you shit, okay, man? 151 00:08:48,152 --> 00:08:51,279 Guy stabs another prisoner, and you wanna protect his privacy? 152 00:08:51,280 --> 00:08:53,448 No. I wanna keep my job. 153 00:08:53,449 --> 00:08:55,700 Besides, I wasn't on duty last night. 154 00:08:55,701 --> 00:08:58,078 As if you're not all talking about this. 155 00:08:58,079 --> 00:09:01,164 And you sit here, pretending you haven't heard his name 156 00:09:01,165 --> 00:09:03,083 twenty times in the last hour? 157 00:09:03,084 --> 00:09:04,627 What's your point? 158 00:09:11,592 --> 00:09:15,137 My job is to find out information, one way or another. 159 00:09:15,805 --> 00:09:17,640 I either figure out the carrot, 160 00:09:18,599 --> 00:09:19,976 or I figure out the stick. 161 00:09:21,227 --> 00:09:22,937 I don't have time for that now 162 00:09:23,437 --> 00:09:26,399 because we got a client who might not see tomorrow. 163 00:09:27,692 --> 00:09:31,153 So I am appealing to your basic humanity, Ramon. 164 00:09:32,113 --> 00:09:34,198 And I very graciously ask you 165 00:09:35,616 --> 00:09:37,201 to give me a fucking name. 166 00:09:46,544 --> 00:09:48,588 You're doing that thing again, Mr. Haller. 167 00:09:49,088 --> 00:09:50,422 Which thing is that? 168 00:09:50,423 --> 00:09:52,924 Where you blame yourself for everything that happens 169 00:09:52,925 --> 00:09:54,552 to the other people in your life. 170 00:09:56,012 --> 00:09:56,971 Is that right? 171 00:09:58,389 --> 00:10:02,475 You know, the Buddhists say that however much the first arrow hurts, 172 00:10:02,476 --> 00:10:06,564 the pain from the second arrow is always exponentially worse. 173 00:10:07,231 --> 00:10:08,899 What's the second arrow? 174 00:10:09,525 --> 00:10:12,152 The second arrow is the one you shoot yourself with 175 00:10:12,153 --> 00:10:14,447 to punish yourself for the first one. 176 00:10:15,364 --> 00:10:17,198 Did you get that from your LeBron app? 177 00:10:22,079 --> 00:10:24,081 This isn't your fault, Mr. Haller. 178 00:10:25,166 --> 00:10:26,834 Neither is what happened to me. 179 00:10:30,254 --> 00:10:32,006 I wish I could believe that. 180 00:10:34,050 --> 00:10:37,427 For so long, Maggie's been telling me the way I do things is too dangerous, 181 00:10:37,428 --> 00:10:40,056 and one day, it's going to catch up with me. 182 00:10:41,390 --> 00:10:43,351 Only it didn't catch up with me, did it? 183 00:10:44,977 --> 00:10:46,228 It caught up with you. 184 00:10:48,022 --> 00:10:51,608 You're spending too much of your time and energy feeling guilty 185 00:10:51,609 --> 00:10:54,862 and not enough time figuring out how to win this case. 186 00:10:55,905 --> 00:10:57,698 Focus, Mr. Haller. 187 00:10:59,200 --> 00:11:01,035 And don't forget to wear your seat belt. 188 00:11:38,406 --> 00:11:41,283 Well, you may as well come in with us. 189 00:11:42,993 --> 00:11:43,869 Yeah, okay. 190 00:11:56,966 --> 00:12:01,511 Your Honor, I don't mean to be callous, but from what I hear, it's touch and go. 191 00:12:01,512 --> 00:12:04,139 And with all due respect, I think there's no other option 192 00:12:04,140 --> 00:12:05,682 but to declare a mistrial. 193 00:12:05,683 --> 00:12:08,143 Well, the court feels so blessed 194 00:12:08,144 --> 00:12:10,937 that you're here to explain its options, Mr. Forsythe. 195 00:12:10,938 --> 00:12:13,982 Your Honor, the defense strenuously objects to a mistrial. 196 00:12:13,983 --> 00:12:17,235 Until we know more about Mr. La Cosse's condition, it's premature. 197 00:12:17,236 --> 00:12:21,531 Premature? Your Honor, even if Mr. La Cosse survives, 198 00:12:21,532 --> 00:12:23,533 who knows how long he needs to recover? 199 00:12:23,534 --> 00:12:26,077 Are we just gonna hold the jury indefinitely? 200 00:12:26,078 --> 00:12:28,872 Judge, I can't say for sure, but I also think 201 00:12:28,873 --> 00:12:31,541 that it's possible that whoever stabbed my client 202 00:12:31,542 --> 00:12:33,460 was trying to get a mistrial. 203 00:12:33,461 --> 00:12:35,628 What? Bullshit. 204 00:12:35,629 --> 00:12:39,382 Mr. Bishop, you will mind yourself in my chambers, understood? 205 00:12:39,383 --> 00:12:40,967 I'm sorry, Your Honor. 206 00:12:40,968 --> 00:12:43,970 But every indication is that this was likely a hate crime. 207 00:12:43,971 --> 00:12:46,389 Mr. La Cosse is gay. 208 00:12:46,390 --> 00:12:49,434 Unfortunately, you're dealing with all kinds of inmates in county. 209 00:12:49,435 --> 00:12:51,978 It doesn't take much to set one of them off. 210 00:12:51,979 --> 00:12:55,023 Do we have any information yet as to who the assailant was? 211 00:12:55,024 --> 00:12:58,569 Not at this time, Your Honor. I'm trying to ascertain that. 212 00:12:59,236 --> 00:13:02,948 Impolitic delivery aside, Mr. Haller, I'm afraid the larger point stands. 213 00:13:03,449 --> 00:13:06,117 There is only so much time the court can afford to wait. 214 00:13:06,118 --> 00:13:07,786 Maybe we don't have to, Your Honor. 215 00:13:07,787 --> 00:13:11,206 I've been in the hospital all morning, so with the court's permission, 216 00:13:11,207 --> 00:13:15,002 I'll turn it over to my cocounsel, Ms. Crane, who can speak to this point. 217 00:13:19,340 --> 00:13:20,840 May it please the court. 218 00:13:20,841 --> 00:13:24,427 It would be the height of prejudice to declare a mistrial at this time, 219 00:13:24,428 --> 00:13:28,515 not only to Mr. La Cosse but to the taxpayers of Los Angeles, 220 00:13:28,516 --> 00:13:31,392 who have spent a small fortune on this case already. 221 00:13:31,393 --> 00:13:36,064 Mr. La Cosse has also spent a substantial amount of money mounting a defense, 222 00:13:36,065 --> 00:13:40,276 not to mention the enormous physical toll incarceration has taken on him. 223 00:13:40,277 --> 00:13:43,655 But perhaps most importantly, Your Honor, Mr. Forsythe and his team 224 00:13:43,656 --> 00:13:46,616 are now privy to the defense's carefully constructed strategy, 225 00:13:46,617 --> 00:13:49,786 and starting again would give him an unfair advantage in a new trial. 226 00:13:49,787 --> 00:13:52,372 No more unfair than the advantage the defense would have 227 00:13:52,373 --> 00:13:54,958 because they have also seen our strategy. 228 00:13:54,959 --> 00:13:57,252 Luckily, we have a remedy for that situation. 229 00:13:57,253 --> 00:14:01,339 Rule 43 of the Federal Rules of Criminal Procedure clearly states 230 00:14:01,340 --> 00:14:04,551 that it is possible for a defendant to be tried in absentia. 231 00:14:04,552 --> 00:14:07,262 While it might often be used due to some egregious behavior 232 00:14:07,263 --> 00:14:08,596 or the defendant's choice, 233 00:14:08,597 --> 00:14:11,766 there is nothing that precludes us from applying that rule here. 234 00:14:11,767 --> 00:14:14,853 Sure, and Section 977 of the California Penal Code, 235 00:14:14,854 --> 00:14:17,814 which is what actually governs trials in this state, 236 00:14:17,815 --> 00:14:20,942 says that the defendant must be personally present at trial 237 00:14:20,943 --> 00:14:24,487 unless they explicitly waive that right in writing, 238 00:14:24,488 --> 00:14:27,866 which, obviously, Mr. La Cosse is in no position to do. 239 00:14:27,867 --> 00:14:32,745 Well, here are cases from jurisdictions, including California, 240 00:14:32,746 --> 00:14:35,456 where trials have continued without the defendant present. 241 00:14:35,457 --> 00:14:37,625 Your Honor, regardless of what these cases say, 242 00:14:37,626 --> 00:14:41,713 continuing this trial while Mr. La Cosse is in the operating room 243 00:14:41,714 --> 00:14:45,466 is all but granting an automatic do-over to the defense 244 00:14:45,467 --> 00:14:46,885 in the event of a conviction. 245 00:14:46,886 --> 00:14:49,554 Which is exactly what granting a mistrial at this juncture 246 00:14:49,555 --> 00:14:52,141 would do for the prosecution, respectfully. 247 00:14:54,518 --> 00:14:57,228 Well, it seems we are at an impasse. 248 00:14:57,229 --> 00:15:00,899 You both made very strong arguments, which I will take under advisement, 249 00:15:00,900 --> 00:15:03,693 and I will have a ruling for you after lunch. 250 00:15:03,694 --> 00:15:07,280 Now, if you don't mind, I would like to enjoy the rest of my tea in peace. 251 00:15:07,281 --> 00:15:09,658 - Thank you, Your Honor. - Thank you, Your Honor. 252 00:15:17,458 --> 00:15:19,543 You couldn't have worn a clean tie. 253 00:15:26,592 --> 00:15:27,426 David? 254 00:15:29,428 --> 00:15:31,179 You're Mr. La Cosse's family? 255 00:15:31,180 --> 00:15:32,097 Yes. 256 00:15:32,598 --> 00:15:36,184 Well, the good news is he's alive, but he is still in surgery. 257 00:15:36,185 --> 00:15:37,143 How bad is it? 258 00:15:37,144 --> 00:15:39,479 It was more complicated than we anticipated. 259 00:15:39,480 --> 00:15:41,189 He lost a lot of blood. 260 00:15:41,190 --> 00:15:43,650 He also had severe lacerations to one of his kidneys. 261 00:15:43,651 --> 00:15:45,860 Unfortunately, we had to remove it. 262 00:15:45,861 --> 00:15:46,903 Jesus. 263 00:15:46,904 --> 00:15:49,322 His heart stopped at one point, but we got him back 264 00:15:49,323 --> 00:15:51,699 to a stable enough place where we can proceed. 265 00:15:51,700 --> 00:15:52,993 Is he gonna make it? 266 00:15:53,619 --> 00:15:56,621 It's hard to say right now, but we're doing everything we can. 267 00:15:56,622 --> 00:15:59,833 I'll find you as soon as there's any more information. 268 00:16:00,376 --> 00:16:02,419 Thank you, Doctor. We appreciate it. 269 00:16:02,920 --> 00:16:03,837 Thank you. 270 00:16:11,929 --> 00:16:13,388 Julian's a fighter, David. 271 00:16:13,389 --> 00:16:16,182 He's so weak from all this time in jail. 272 00:16:16,183 --> 00:16:19,186 - I'm just not sure he still has it in him. - He has you. 273 00:16:20,354 --> 00:16:21,729 He knows you're here waiting. 274 00:16:21,730 --> 00:16:23,774 Yeah. Does he? 275 00:16:40,791 --> 00:16:42,000 Cisco, what do you know? 276 00:16:42,001 --> 00:16:45,879 The guy who stabbed Julian is named Lalo Vasquez. 277 00:16:46,422 --> 00:16:49,465 He's in on a murder charge. Don't have any other details yet. 278 00:16:49,466 --> 00:16:51,884 He has to be connected to De Marco. 279 00:16:51,885 --> 00:16:54,721 I don't know how, but the whole case might depend on him. 280 00:16:54,722 --> 00:16:56,723 If there's something there, I'll find it. 281 00:16:56,724 --> 00:16:58,057 Might just take some time. 282 00:16:58,058 --> 00:17:00,686 - I'll call you when I know anything. - All right. 283 00:17:17,411 --> 00:17:18,828 Is this seat taken? 284 00:17:23,375 --> 00:17:24,209 It is now. 285 00:17:28,338 --> 00:17:29,423 How did you find me? 286 00:17:29,923 --> 00:17:31,633 Lorna told me where you were. 287 00:17:33,844 --> 00:17:35,512 I'm sorry about your client. 288 00:17:36,638 --> 00:17:38,015 Is he gonna be okay? 289 00:17:39,767 --> 00:17:40,851 We don't know yet. 290 00:17:42,686 --> 00:17:45,898 I was this close to winning this thing, Andy. 291 00:17:46,398 --> 00:17:48,567 I gotta believe that's why they did it. 292 00:17:50,486 --> 00:17:52,529 Is there any evidence of that? 293 00:17:53,113 --> 00:17:56,867 Cisco's looking into it, but he's hitting the bureaucracy wall. 294 00:18:02,081 --> 00:18:03,082 - Listen. - Look, I... 295 00:18:06,001 --> 00:18:08,127 I just wanna say sorry about the other night. 296 00:18:08,128 --> 00:18:11,965 I was out of line. I didn't think before opening my mouth. 297 00:18:13,342 --> 00:18:16,677 That may be true, but you were not wrong. 298 00:18:16,678 --> 00:18:18,722 That place is a snake pit. 299 00:18:19,348 --> 00:18:21,391 I should never have trusted Vanessa. 300 00:18:22,601 --> 00:18:23,811 I don't know. 301 00:18:25,687 --> 00:18:28,232 Maybe I didn't wanna keep that secret anymore. 302 00:18:31,110 --> 00:18:34,696 It's hard to hold somebody's fate in your hands. 303 00:18:35,197 --> 00:18:39,284 Even when there's nothing you can do, you still feel like it's your fault. 304 00:18:40,077 --> 00:18:44,163 Yeah, except there was something I could have done and should have done. 305 00:18:44,164 --> 00:18:47,209 Andy, come on. Mistakes happen. 306 00:18:47,709 --> 00:18:49,044 You have to forgive yourself. 307 00:18:50,462 --> 00:18:52,714 Maybe you have to learn to take your own advice. 308 00:18:56,343 --> 00:18:59,346 Lorna tells me that Suarez put you on calendar duty. 309 00:19:00,597 --> 00:19:04,309 I want to poke my own eyes out with a dull pencil. 310 00:19:05,394 --> 00:19:10,023 You'll get through this, and he'll realize he's wasting one of his best people. 311 00:19:10,858 --> 00:19:11,984 Yeah, maybe. 312 00:19:21,535 --> 00:19:22,786 It's been nice, Andy. 313 00:19:26,415 --> 00:19:27,249 It has. 314 00:19:32,671 --> 00:19:34,673 We both know it's not working out. 315 00:19:37,134 --> 00:19:40,345 Everything is way too complicated for me right now. 316 00:19:40,929 --> 00:19:45,434 And I don't think either of us are really good at... work-life balance. 317 00:19:47,102 --> 00:19:49,688 That's the real reason I never let you leave a toothbrush. 318 00:19:56,570 --> 00:19:59,031 Maybe one of these days, I'll figure it out, huh? 319 00:20:00,699 --> 00:20:01,533 You will. 320 00:20:02,910 --> 00:20:06,079 Believe it or not, Haller, I have faith in you. 321 00:20:18,717 --> 00:20:20,093 Mickey, you gonna finish that? 322 00:20:23,972 --> 00:20:24,973 It's all yours. 323 00:20:30,771 --> 00:20:34,024 I should get back, find out if I still have a trial or not. 324 00:20:34,983 --> 00:20:36,443 I'll cross my fingers. 325 00:20:59,258 --> 00:21:00,759 Oh, good, we're all here. 326 00:21:01,927 --> 00:21:05,513 This is quite the dilemma, and I regret the unfortunate circumstances 327 00:21:05,514 --> 00:21:07,223 that have led us here. 328 00:21:07,224 --> 00:21:10,351 The duty of the court is to balance the interests of both parties 329 00:21:10,352 --> 00:21:12,395 with the requirements of the law. 330 00:21:12,396 --> 00:21:13,980 - Therefore, my-- 331 00:21:13,981 --> 00:21:15,022 Yes? 332 00:21:15,023 --> 00:21:18,484 Excuse me, Judge. There's an agent, James De Marco, here 333 00:21:18,485 --> 00:21:20,778 along with an attorney from the DEA. 334 00:21:20,779 --> 00:21:24,865 They say they were ordered to appear, and I quote, "Their time is limited." 335 00:21:27,244 --> 00:21:28,619 Thank you, Claire. 336 00:21:28,620 --> 00:21:32,915 Your Honor, given the difficulty we've had in trying to serve Agent De Marco, 337 00:21:32,916 --> 00:21:35,334 the defense urges the court to hear his testimony. 338 00:21:35,335 --> 00:21:39,255 What? How? Your Honor, we still have an absent defendant. 339 00:21:39,256 --> 00:21:41,549 While I understand the court has already ruled 340 00:21:41,550 --> 00:21:44,719 on Agent De Marco appearing, I still have strong reservations 341 00:21:44,720 --> 00:21:46,929 about the relevance of his testimony. 342 00:21:46,930 --> 00:21:48,389 That's perfect. 343 00:21:48,390 --> 00:21:51,892 We are stuck without a jury while we wait to find out about my client. 344 00:21:51,893 --> 00:21:53,686 We can hear from Agent De Marco 345 00:21:53,687 --> 00:21:55,604 without the jury as an offer of proof. 346 00:21:55,605 --> 00:21:58,024 That way, even if we have to start over, 347 00:21:58,025 --> 00:22:01,360 the court can finally determine if his testimony is relevant. 348 00:22:01,361 --> 00:22:03,738 Your Honor, this is highly irregular. 349 00:22:03,739 --> 00:22:06,574 I'm not even prepared to question this witness. 350 00:22:06,575 --> 00:22:08,909 Why not? There's been a subpoena issued for him. 351 00:22:08,910 --> 00:22:10,953 You just didn't think he'd actually show up. 352 00:22:10,954 --> 00:22:12,788 Well, apparently, neither did you. 353 00:22:12,789 --> 00:22:16,083 This will save the court time in the event of a retrial, Your Honor. 354 00:22:16,084 --> 00:22:19,296 It is a highly efficient use of judicial resources. 355 00:22:21,965 --> 00:22:25,343 Well, my mother always said to make hay while the sun shines. 356 00:22:25,344 --> 00:22:27,928 If the agent is here, let's hear what he has to say. 357 00:22:27,929 --> 00:22:30,890 I will make my ruling about the mistrial afterwards. 358 00:22:30,891 --> 00:22:33,185 - Thank you, Your Honor. - Thank you, Your Honor. 359 00:22:36,563 --> 00:22:40,566 Convenient De Marco shows up to testify when there may not be a trial anymore. 360 00:22:40,567 --> 00:22:43,819 Ah, a little too convenient. This guy thinks he's untouchable. 361 00:22:43,820 --> 00:22:46,572 So show him he's not. Use the surveillance footage 362 00:22:46,573 --> 00:22:48,949 Cisco got from Sterghos's house in the rebuttal. 363 00:22:48,950 --> 00:22:52,119 - Let him talk his way out of that. - No, I can't. Not yet. 364 00:22:52,120 --> 00:22:53,245 But why? 365 00:22:53,246 --> 00:22:55,623 This guy thinks he can get away with murder. 366 00:22:55,624 --> 00:22:58,376 And he's going to get away with it if we're not smart. 367 00:22:58,377 --> 00:23:01,504 If we show him the video now, and the judge grants a mistrial, 368 00:23:01,505 --> 00:23:04,048 we'll never get him back, and the jury will not see it. 369 00:23:04,049 --> 00:23:05,925 Okay. But if you don't show the video, 370 00:23:05,926 --> 00:23:08,761 and Forsythe argues that De Marco's testimony isn't relevant, 371 00:23:08,762 --> 00:23:10,096 we're not getting him back. 372 00:23:10,097 --> 00:23:12,807 Well, it's a risk we have to take. Trust me, we wait. 373 00:23:12,808 --> 00:23:15,143 Fine. Button your jacket. 374 00:23:19,231 --> 00:23:21,066 Good afternoon, Agent De Marco. 375 00:23:21,566 --> 00:23:23,026 Right back at you, Counselor. 376 00:23:23,944 --> 00:23:27,864 Can you tell us how long you've been with the Drug Enforcement Administration? 377 00:23:28,448 --> 00:23:32,035 - It'll be 23 years in September. - 23 years. That's a long time. 378 00:23:32,994 --> 00:23:35,496 And your primary focus is on foreign drug cartels? 379 00:23:35,497 --> 00:23:38,374 I'd say the primary focus of the entire agency 380 00:23:38,375 --> 00:23:39,835 is on foreign drug cartels. 381 00:23:40,627 --> 00:23:41,461 I'm sure. 382 00:23:42,379 --> 00:23:45,381 Now, in the course of your investigations into the cartels, 383 00:23:45,382 --> 00:23:48,342 did you become aware of a man named Hector Moya? 384 00:23:48,343 --> 00:23:49,928 I'm familiar with Mr. Moya. 385 00:23:50,595 --> 00:23:54,891 He's a shot caller for the Tijuana cartel. Not exactly what you'd call a Boy Scout. 386 00:23:55,475 --> 00:23:57,644 And do you know where Mr. Moya is now? 387 00:23:58,353 --> 00:24:01,564 Serving a life sentence in a federal penitentiary, last I heard. 388 00:24:01,565 --> 00:24:05,151 I see. Now, Agent De Marco, can you please tell the court 389 00:24:05,152 --> 00:24:07,654 how you knew the victim in this case, Gloria Dayton? 390 00:24:08,905 --> 00:24:10,114 I didn't know her. 391 00:24:10,115 --> 00:24:13,951 No? Because we've heard testimony that she was your informant. 392 00:24:13,952 --> 00:24:15,453 Is that not true? 393 00:24:15,454 --> 00:24:17,288 It is not true. I never met her. 394 00:24:17,289 --> 00:24:20,416 So, she didn't call you on August 3rd of last year 395 00:24:20,417 --> 00:24:23,711 to tell you she'd been served in a lawsuit involving Hector Moya? 396 00:24:23,712 --> 00:24:27,548 Objection. Asked and answered, Your Honor. Many times. 397 00:24:27,549 --> 00:24:28,966 Sustained. 398 00:24:28,967 --> 00:24:31,051 All right, let's go back to Mr. Moya. 399 00:24:31,052 --> 00:24:33,346 Do you know how he ended up in federal prison? 400 00:24:33,847 --> 00:24:36,849 He was arrested by the police here in Los Angeles 401 00:24:36,850 --> 00:24:39,977 in possession of a substantial amount of cocaine and a firearm. 402 00:24:39,978 --> 00:24:42,813 As I recall, the gun was linked to a murder somewhere. 403 00:24:42,814 --> 00:24:45,357 It was at that point that my agency took over the case. 404 00:24:45,358 --> 00:24:50,571 Okay. And that gun enhancement was what got him a life sentence? 405 00:24:50,572 --> 00:24:52,657 I believe so. Yes. 406 00:24:54,159 --> 00:24:56,285 Now, you're here today, Agent De Marco, 407 00:24:56,286 --> 00:24:59,371 because you received a subpoena from me in this case. 408 00:24:59,372 --> 00:25:02,041 Did you ever receive a subpoena from Mr. Moya's lawyers 409 00:25:02,042 --> 00:25:04,543 in a habeas action to vacate his life sentence? 410 00:25:04,544 --> 00:25:05,795 It's possible. 411 00:25:06,463 --> 00:25:10,257 I get a lot of subpoenas. The agency's lawyers handle most of them. 412 00:25:10,258 --> 00:25:12,885 Well, this one involved you directly. 413 00:25:12,886 --> 00:25:16,847 Mr. Moya is suing the federal government, including your agency, 414 00:25:16,848 --> 00:25:19,266 alleging that you framed him in that arrest. 415 00:25:19,267 --> 00:25:21,603 You're not aware of Mr. Moya's habeas case? 416 00:25:22,229 --> 00:25:25,981 Mr. Moya is a desperate man. And this is America. 417 00:25:25,982 --> 00:25:29,069 You can sue anybody for anything. That doesn't make it true. 418 00:25:29,736 --> 00:25:32,947 The fact is, I had nothing to do with Mr. Moya's arrest. 419 00:25:32,948 --> 00:25:35,824 The DEA wasn't even involved until later. 420 00:25:35,825 --> 00:25:36,825 Like most prisoners, 421 00:25:36,826 --> 00:25:40,120 Mr. Moya's just throwing stuff against the wall to see if it'll stick. 422 00:25:40,121 --> 00:25:42,790 Very well. Turning your attention to this case, 423 00:25:42,791 --> 00:25:45,084 are you familiar with my client, Julian La Cosse? 424 00:25:45,085 --> 00:25:47,170 Any past experience with him? 425 00:25:47,754 --> 00:25:48,712 No. 426 00:25:48,713 --> 00:25:53,134 What about anybody else on this case? Do you know the prosecutor, Mr. Forsythe? 427 00:25:53,718 --> 00:25:54,927 No, I do not. 428 00:25:54,928 --> 00:26:00,100 What about Mr. Forsythe's investigator, Mr. Bishop? He's sitting right there. 429 00:26:01,309 --> 00:26:02,309 Do you know him? 430 00:26:04,396 --> 00:26:06,773 I do. A little bit. 431 00:26:07,524 --> 00:26:10,026 Uh, we go back ten years, maybe. 432 00:26:11,653 --> 00:26:12,571 How's that? 433 00:26:13,488 --> 00:26:15,656 He was with the LAPD at the time. 434 00:26:15,657 --> 00:26:18,200 We crossed paths on a double murder in the Valley. 435 00:26:18,201 --> 00:26:20,077 There was suspected cartel involvement, 436 00:26:20,078 --> 00:26:22,913 so the police asked the DEA to consult on the case. 437 00:26:22,914 --> 00:26:26,960 I see. And have you seen or spoken with Mr. Bishop since that time? 438 00:26:27,877 --> 00:26:29,086 No. 439 00:26:29,087 --> 00:26:31,756 So you haven't consulted with him about this case? 440 00:26:33,174 --> 00:26:34,049 No. 441 00:26:34,050 --> 00:26:37,386 Have you consulted with anyone else about this case? 442 00:26:37,387 --> 00:26:40,514 I never heard about this case until you served me with the subpoena. 443 00:26:40,515 --> 00:26:42,767 So, no. The answer is no. 444 00:26:45,228 --> 00:26:46,062 Okay. 445 00:26:58,033 --> 00:27:02,119 So, going back to the double murder where you met Mr. Bishop, 446 00:27:02,120 --> 00:27:05,874 did this murder take place on Montgomery Avenue in Lake Balboa? 447 00:27:09,127 --> 00:27:14,173 I don't recall. It was ten years ago. Like I said. 448 00:27:14,174 --> 00:27:17,052 And are you familiar with the name Peter Sterghos? 449 00:27:17,636 --> 00:27:19,554 Objection. May we approach? 450 00:27:22,641 --> 00:27:26,268 Your Honor, you have already ruled against Peter Sterghos, whoever he is, 451 00:27:26,269 --> 00:27:28,145 being included as a witness. 452 00:27:28,146 --> 00:27:31,148 Mr. Haller is apparently trying to circumvent that ruling. 453 00:27:31,149 --> 00:27:33,692 I'm trying to establish whether this witness knew 454 00:27:33,693 --> 00:27:36,070 that Peter Sterghos was on our witness list. 455 00:27:36,071 --> 00:27:39,031 He said he's had no contact with anyone involved in this case. 456 00:27:39,032 --> 00:27:41,492 I'll be introducing evidence to the contrary. 457 00:27:41,493 --> 00:27:45,120 There's no evidence. This is a sideshow. In light of an impending mistrial-- 458 00:27:45,121 --> 00:27:48,458 I will decide whether there will be a mistrial, Mr. Forsythe, not you. 459 00:27:49,376 --> 00:27:52,045 Mr. Haller, please, wrap it up. 460 00:27:52,754 --> 00:27:53,713 Yes, Your Honor. 461 00:27:56,007 --> 00:27:58,133 Now, Agent De Marco, 462 00:27:58,134 --> 00:28:02,555 did anyone tell you that Peter Sterghos was a potential witness in this case? 463 00:28:03,139 --> 00:28:05,557 No. I don't know that name. 464 00:28:05,558 --> 00:28:10,689 Okay. Then can you tell the court where you were last Friday night, May 17th? 465 00:28:12,857 --> 00:28:15,151 I was at an all-night stakeout. 466 00:28:15,944 --> 00:28:17,570 My partner can verify that. 467 00:28:18,071 --> 00:28:21,700 And was this stakeout on Montgomery Avenue in Lake Balboa? 468 00:28:23,368 --> 00:28:27,371 I'm afraid I'm not at liberty to discuss ongoing confidential investigations. 469 00:28:27,372 --> 00:28:29,415 Your Honor, I must object again. 470 00:28:29,416 --> 00:28:33,502 Why are we asking questions about random addresses and random evenings 471 00:28:33,503 --> 00:28:35,337 that have no bearing on this case? 472 00:28:35,338 --> 00:28:36,464 Sustained. 473 00:28:37,048 --> 00:28:39,217 Mr. Haller, anything else for this witness? 474 00:28:45,265 --> 00:28:47,267 No, Your Honor. Not at this time. 475 00:28:48,768 --> 00:28:50,395 Mr. Forsythe, any questions? 476 00:28:51,146 --> 00:28:51,980 No, Your Honor. 477 00:28:52,564 --> 00:28:55,107 Very well. Agent De Marco, you're free to go. 478 00:28:55,108 --> 00:28:57,902 - The court thanks you for your time. - Of course, Your Honor. 479 00:29:07,912 --> 00:29:10,790 - He's lying through his teeth. - Well, he's pretty good at it. 480 00:29:25,430 --> 00:29:28,182 Your Honor, the People once again renew our objection 481 00:29:28,183 --> 00:29:29,850 to Agent De Marco's testimony. 482 00:29:29,851 --> 00:29:32,019 None of which was in any way relevant. 483 00:29:32,020 --> 00:29:33,604 And in the event of a new trial, 484 00:29:33,605 --> 00:29:36,107 we would ask that he be struck from the witness list. 485 00:29:36,691 --> 00:29:38,817 So noted, Mr. Forsythe. 486 00:29:38,818 --> 00:29:42,030 Mr. Haller, do you have anything to add before I make my ruling? 487 00:29:49,621 --> 00:29:51,413 - Your Honor, I-- 488 00:29:51,414 --> 00:29:53,749 Your Honor, this is the hospital calling. 489 00:29:53,750 --> 00:29:57,629 Before we argue further, can I please have ten minutes to take this call? 490 00:29:58,296 --> 00:29:59,963 You may have five, Mr. Haller. 491 00:29:59,964 --> 00:30:00,965 Thank you. 492 00:30:05,678 --> 00:30:06,846 Izzy, I need an update. 493 00:30:07,430 --> 00:30:10,058 Julian just got out of surgery. He made it. 494 00:30:11,267 --> 00:30:12,185 Barely. 495 00:30:13,102 --> 00:30:14,020 David's in with him. 496 00:30:14,604 --> 00:30:16,647 - How is he? - It's touch and go. 497 00:30:16,648 --> 00:30:19,191 The doctors say the next few hours will tell the story. 498 00:30:19,192 --> 00:30:20,944 But you're telling me he's awake? 499 00:30:21,778 --> 00:30:25,280 What? I... I just told you that he barely survived the surgery. 500 00:30:25,281 --> 00:30:26,406 He's still unconscious. 501 00:30:26,407 --> 00:30:29,369 Izzy, I need you to tell me that Julian is awake. 502 00:30:31,120 --> 00:30:32,831 Um... 503 00:30:34,165 --> 00:30:36,333 Mickey, Julian is awake. 504 00:30:36,334 --> 00:30:37,669 Thank you. 505 00:30:41,589 --> 00:30:44,341 Your Honor, I've just been told that my client is awake. 506 00:30:44,342 --> 00:30:45,259 What? 507 00:30:45,260 --> 00:30:49,263 With the court's permission, I ask you to please delay any ruling on a mistrial 508 00:30:49,264 --> 00:30:50,681 until I speak to him. 509 00:30:50,682 --> 00:30:51,598 Your Honor, if-- 510 00:30:51,599 --> 00:30:54,726 I understand the People's frustrations and the court's, 511 00:30:54,727 --> 00:30:57,771 but I don't know how long my client will be in a position to talk. 512 00:30:57,772 --> 00:30:59,274 Time is of the essence here. 513 00:31:02,193 --> 00:31:05,153 Okay, then. We will take a 90-minute recess. 514 00:31:05,154 --> 00:31:08,198 I want everyone back here at 3:30 sharp. 515 00:31:08,199 --> 00:31:09,616 Thank you, Your Honor. 516 00:31:09,617 --> 00:31:11,286 - Okay. 517 00:31:20,420 --> 00:31:21,754 I know what you're gonna say. 518 00:31:25,008 --> 00:31:27,217 Oh yeah? Do tell. 519 00:31:27,218 --> 00:31:30,012 You're gonna tell me what you'd do in this situation. 520 00:31:30,013 --> 00:31:33,432 Well, I know I wasn't the best father in the world, 521 00:31:33,433 --> 00:31:35,685 but I was a very good lawyer. 522 00:31:36,352 --> 00:31:38,312 Just makes sense you'd wanna emulate me. 523 00:31:38,313 --> 00:31:39,897 Is that what you think I'm doing? 524 00:31:39,898 --> 00:31:42,567 I don't know. Whose class ring are you wearing? 525 00:31:46,070 --> 00:31:48,739 You bent every rule there was to bend. 526 00:31:48,740 --> 00:31:51,868 - And you don't? - I'm talking about outside the courtroom. 527 00:31:53,286 --> 00:31:55,705 I do things my way, not yours, okay? 528 00:31:56,581 --> 00:31:58,957 Legal is there if I ever need another point of view. 529 00:31:58,958 --> 00:32:00,209 Of course he is. 530 00:32:00,710 --> 00:32:03,879 Legal always loved to push the envelope from the safety of his desk, 531 00:32:03,880 --> 00:32:07,800 but I was the one who was out there actually doing the dirty work. 532 00:32:08,468 --> 00:32:12,847 The truth is he wished he was as good as I was, just like you do. 533 00:32:15,433 --> 00:32:17,352 You don't think I'm as good as you? 534 00:32:18,061 --> 00:32:19,812 I think we're about to find out. 535 00:32:21,272 --> 00:32:23,358 It's a delicate decision you have to make. 536 00:32:24,150 --> 00:32:26,777 The kind of decision other lawyers might run away from. 537 00:32:26,778 --> 00:32:29,614 The question is whether you will too. 538 00:32:31,491 --> 00:32:34,285 Because if you really wanna be as good as I was, 539 00:32:35,578 --> 00:32:37,747 better than I was, 540 00:32:39,415 --> 00:32:42,502 you need to do whatever it takes to get that "not guilty." 541 00:32:43,252 --> 00:32:46,589 Your client expects nothing less. 542 00:32:51,511 --> 00:32:52,428 Slainte. 543 00:33:02,063 --> 00:33:03,272 Is Julian awake yet? 544 00:33:04,190 --> 00:33:06,400 I'm not sure what you want me to tell you now. 545 00:33:06,401 --> 00:33:07,402 The truth. 546 00:33:08,069 --> 00:33:10,405 He's in and out. Mostly out. 547 00:33:11,489 --> 00:33:12,490 How is he? 548 00:33:14,200 --> 00:33:15,785 He's doing the best he can. 549 00:33:17,161 --> 00:33:18,037 Yeah. 550 00:33:19,622 --> 00:33:22,165 Can you grab some coffee? I need to talk to him. 551 00:33:22,166 --> 00:33:23,501 - Yeah. - Thanks, Izzy. 552 00:33:34,303 --> 00:33:36,264 We should've appreciated it more. 553 00:33:36,973 --> 00:33:37,807 What? 554 00:33:39,183 --> 00:33:40,184 Being healthy. 555 00:33:41,269 --> 00:33:42,103 Happy. 556 00:33:44,188 --> 00:33:48,151 You don't think about dying, you know? Happens to other people, but... 557 00:33:53,031 --> 00:33:55,950 There's no way you could have known any of this was gonna happen. 558 00:33:58,119 --> 00:34:00,621 That is true about our whole relationship. 559 00:34:01,789 --> 00:34:03,624 I never thought I was gonna settle down. 560 00:34:04,876 --> 00:34:06,127 Wasn't part of the plan. 561 00:34:10,173 --> 00:34:11,257 Well, what happened? 562 00:34:12,258 --> 00:34:13,384 A car accident. 563 00:34:14,469 --> 00:34:16,345 Nothing serious or anything. 564 00:34:16,846 --> 00:34:19,891 You know, this guy in front of me stopped short, so I ran into him. 565 00:34:20,391 --> 00:34:23,810 And he gets out of the car and just starts going mental on me. 566 00:34:23,811 --> 00:34:27,731 It was like face is red, and his arms, like, flailing around. 567 00:34:27,732 --> 00:34:29,232 I don't know. 568 00:34:29,233 --> 00:34:31,526 Tried to apologize, but it seemed so ridiculous. 569 00:34:31,527 --> 00:34:33,904 Yeah. That must have made him even angrier. 570 00:34:33,905 --> 00:34:35,947 You have no idea. 571 00:34:38,659 --> 00:34:42,370 I gave him my insurance, and we traded numbers. 572 00:34:42,371 --> 00:34:44,831 And that night, he texted me, 573 00:34:44,832 --> 00:34:48,878 asked me if we could meet up for a drink so he could apologize for overreacting. 574 00:34:51,839 --> 00:34:53,299 And that was all she wrote. 575 00:35:01,849 --> 00:35:05,019 David, uh, I'm afraid Julian's case is in trouble. 576 00:35:05,728 --> 00:35:08,063 The judge is very close to granting a mistrial. 577 00:35:08,064 --> 00:35:09,731 That means we have to start over. 578 00:35:09,732 --> 00:35:12,318 In fact, Julian is the only one who can stop that now. 579 00:35:13,152 --> 00:35:14,695 So I need to talk to him. 580 00:35:16,072 --> 00:35:20,742 Mickey, he's barely alive. You can talk, but I'm not sure he can even hear you. 581 00:35:20,743 --> 00:35:23,662 You need to trust me now. You need to let me try. 582 00:35:31,462 --> 00:35:33,089 Do whatever you need to do. 583 00:35:42,265 --> 00:35:44,975 - I'm sorry, but I can't let you in there. - I'm his attorney. 584 00:35:44,976 --> 00:35:47,060 And I respect that, but I have strict orders. 585 00:35:47,061 --> 00:35:49,229 No one can see the prisoner except his doctors. 586 00:35:49,230 --> 00:35:52,649 I already let his boyfriend in there, and I could get in trouble for that. 587 00:35:52,650 --> 00:35:56,361 You listen to me very carefully, Deputy Henderson. 588 00:35:56,362 --> 00:35:59,281 My client has the right to consult with his lawyer. 589 00:35:59,282 --> 00:36:00,615 I don't think he's awake. 590 00:36:00,616 --> 00:36:03,243 - Are you a doctor now? - No, but I've been standing out-- 591 00:36:03,244 --> 00:36:05,036 You wanna stand in front of a judge 592 00:36:05,037 --> 00:36:07,164 and explain why you personally denied a man 593 00:36:07,165 --> 00:36:08,832 his constitutional rights? 594 00:36:08,833 --> 00:36:10,834 A man who is a victim of a terrible crime? 595 00:36:10,835 --> 00:36:13,670 A crime that happened under sheriff's department supervision? 596 00:36:13,671 --> 00:36:17,466 Because if that's what you want, I can assure you I can make that happen. 597 00:36:21,387 --> 00:36:24,347 Five minutes. And after that, you're out of there. 598 00:36:24,348 --> 00:36:25,348 Thank you. 599 00:36:25,349 --> 00:36:28,436 - And I'm standing right outside. - I feel safer already. 600 00:36:58,090 --> 00:37:00,634 I have a signed waiver from Mr. La Cosse, Your Honor, 601 00:37:00,635 --> 00:37:03,596 granting his permission for us to proceed in his absence. 602 00:37:06,599 --> 00:37:09,392 Your Honor, I have to raise a concern here. 603 00:37:09,393 --> 00:37:12,479 All I'm hearing from the hospital and from the sheriff's department 604 00:37:12,480 --> 00:37:15,398 is that Mr. La Cosse is still in critical condition. 605 00:37:15,399 --> 00:37:16,650 He is, Your Honor, 606 00:37:16,651 --> 00:37:19,486 which is why it's even more imperative that we move quickly. 607 00:37:19,487 --> 00:37:21,906 I was lucky to be there at the right time. 608 00:37:22,657 --> 00:37:26,243 Mr. Forsythe, you could have gone to the hospital with Mr. Haller 609 00:37:26,244 --> 00:37:27,619 if you were so skeptical. 610 00:37:27,620 --> 00:37:31,206 And Mr. Haller, you are an officer of the court. 611 00:37:31,207 --> 00:37:34,793 If I take you at your word and find out there's been anything untoward... 612 00:37:34,794 --> 00:37:36,962 There's no need to take my word for it. 613 00:37:36,963 --> 00:37:38,838 Mr. La Cosse's partner was there, 614 00:37:38,839 --> 00:37:41,759 and he has agreed to testify to the veracity of this signature. 615 00:37:45,096 --> 00:37:48,056 - State your name, please. - David Henry Lyons. 616 00:37:48,057 --> 00:37:49,266 Do you solemnly state 617 00:37:49,267 --> 00:37:52,477 that the testimony you may give in the case pending before this court 618 00:37:52,478 --> 00:37:55,438 shall be the truth, the whole truth, and nothing but the truth? 619 00:37:55,439 --> 00:37:56,357 I do. 620 00:37:56,941 --> 00:37:58,651 Please be seated, Mr. Lyons. 621 00:38:02,613 --> 00:38:05,073 Mr. Lyons, can you explain to the court 622 00:38:05,074 --> 00:38:07,994 your relationship to the defendant, Julian La Cosse? 623 00:38:10,204 --> 00:38:11,539 He's the love of my life. 624 00:38:12,373 --> 00:38:13,873 Technically, he's my partner. 625 00:38:13,874 --> 00:38:18,045 We never got married because neither of us believes in it as an institution, but 626 00:38:19,297 --> 00:38:21,132 I may be changing my thinking on that. 627 00:38:22,341 --> 00:38:25,636 - How long have you been together? - It'll be nine years this summer. 628 00:38:26,220 --> 00:38:28,097 Were you just with him at the hospital? 629 00:38:28,681 --> 00:38:32,435 I've been with him since I heard he was attacked while in police custody. 630 00:38:32,977 --> 00:38:37,314 Mr. Lyons, this is a waiver granting me permission 631 00:38:37,315 --> 00:38:40,608 to continue this trial in Julian's absence. 632 00:38:40,609 --> 00:38:42,278 Have you ever seen this before? 633 00:38:42,987 --> 00:38:45,739 Yes, you showed it to me at the hospital after you left him. 634 00:38:45,740 --> 00:38:48,199 And do you recognize the signature at the bottom? 635 00:38:48,200 --> 00:38:50,327 Yes, it's Julian's. 636 00:38:50,328 --> 00:38:51,995 It's a little messier than usual, 637 00:38:51,996 --> 00:38:54,331 but he'd just been through seven hours of surgery. 638 00:38:54,332 --> 00:38:56,708 Don't think penmanship was at the top of his mind. 639 00:38:56,709 --> 00:38:59,586 So you can confirm that the signature on the bottom 640 00:38:59,587 --> 00:39:02,380 is definitely that of your partner, Julian La Cosse? 641 00:39:02,381 --> 00:39:04,550 Yes, it is. Definitely. 642 00:39:06,469 --> 00:39:07,636 Thank you, Mr. Lyons. 643 00:39:08,637 --> 00:39:09,597 Mr. Forsythe. 644 00:39:10,097 --> 00:39:14,810 Do you know what the punishment is for perjury in the state of California? 645 00:39:15,686 --> 00:39:17,020 I can't say that I do. 646 00:39:17,021 --> 00:39:20,273 Well, under the California Penal Code, perjury is a felony offense, 647 00:39:20,274 --> 00:39:23,444 and it carries a term of up to four years in prison. 648 00:39:24,028 --> 00:39:27,739 Given that, are you still confident in your answers, 649 00:39:27,740 --> 00:39:29,825 or would you like to rethink some of them? 650 00:39:30,326 --> 00:39:32,745 No, I would not. 651 00:39:34,288 --> 00:39:36,664 Julian wants this trial to continue, and I know that 652 00:39:36,665 --> 00:39:40,293 because he told me so himself before he lost consciousness. 653 00:39:40,294 --> 00:39:44,048 He would tell you that, too, if he wasn't handcuffed to a hospital bed. 654 00:39:48,427 --> 00:39:50,012 No further questions. 655 00:39:51,806 --> 00:39:53,391 The witness may step down. 656 00:39:57,853 --> 00:40:01,147 Are there any further arguments regarding moving forward with the trial? 657 00:40:01,148 --> 00:40:03,900 Your Honor, I wanna reiterate my strong objection 658 00:40:03,901 --> 00:40:05,819 to continuing under the circumstances. 659 00:40:05,820 --> 00:40:07,112 No matter what happens, 660 00:40:07,113 --> 00:40:10,907 the defense is simply going to use this to appeal any adverse decision. 661 00:40:10,908 --> 00:40:15,036 Your Honor, previously, you reminded me that I am an officer of the court. 662 00:40:15,037 --> 00:40:19,916 As such, I can assure you and Mr. Forsythe that, while I reserve my right to appeal, 663 00:40:19,917 --> 00:40:22,628 it will not be because my client was not present for trial. 664 00:40:23,963 --> 00:40:27,675 The court has no way to hold you to that, Mr. Haller, but it appreciates the offer. 665 00:40:36,183 --> 00:40:37,560 Do you have something to add? 666 00:40:38,269 --> 00:40:42,605 If I may, Your Honor, I'd like to suggest that the timely administration of justice 667 00:40:42,606 --> 00:40:45,567 would best be served by allowing this case to continue. 668 00:40:45,568 --> 00:40:47,527 As appellate courts have consistently held, 669 00:40:47,528 --> 00:40:51,449 decisions like this ultimately come down to judicial discretion. 670 00:40:53,117 --> 00:40:55,369 Thank you for that reminder, Miss Crane. 671 00:41:02,585 --> 00:41:04,336 This is a complicated decision, 672 00:41:05,337 --> 00:41:07,465 and there are a lot of competing considerations. 673 00:41:08,674 --> 00:41:11,802 But given that we now have evidence of the defendant's wishes, 674 00:41:12,845 --> 00:41:15,054 and given that those wishes are to go forward, 675 00:41:15,055 --> 00:41:17,724 I have decided not to grant a mistrial. 676 00:41:18,851 --> 00:41:20,935 Bailiff, please apologize to the jury 677 00:41:20,936 --> 00:41:24,647 and let them know that we will resume promptly tomorrow at 9:00 a.m. 678 00:41:24,648 --> 00:41:26,149 Court is adjourned. 679 00:41:26,150 --> 00:41:27,984 One of the first things you taught me. 680 00:41:27,985 --> 00:41:32,280 No judge wants to be reversed on appeal, and judicial discretion is a big-ass tent. 681 00:41:32,281 --> 00:41:33,781 - Amen to that. - Yeah. 682 00:41:33,782 --> 00:41:36,785 Now, do yourself a favor. Throw that tie away. 683 00:41:38,329 --> 00:41:39,245 I love this tie. 684 00:41:39,246 --> 00:41:42,208 All things are temporary. Burn it, Mickey. 685 00:41:52,009 --> 00:41:56,514 No, Vasquez. Lalo Vasquez. 686 00:41:57,139 --> 00:41:59,849 If you had anything about it-- 687 00:41:59,850 --> 00:42:00,893 What? 688 00:42:01,685 --> 00:42:05,231 Yeah. Yeah, yeah. I will happily hold. Just as long as you don't-- 689 00:42:08,025 --> 00:42:08,943 Hello? 690 00:42:10,569 --> 00:42:11,487 Hello? 691 00:42:16,325 --> 00:42:19,452 Oh, hi. Um, Mick is in court. 692 00:42:19,453 --> 00:42:21,372 That's all right. I'm looking for you. 693 00:42:23,165 --> 00:42:24,374 What is that? 694 00:42:24,375 --> 00:42:27,753 Discovery from my office in the Lalo Vasquez case. 695 00:42:29,129 --> 00:42:30,171 You're kidding. 696 00:42:35,886 --> 00:42:37,387 Won't you get into trouble? 697 00:42:37,388 --> 00:42:39,097 There's already been a prelim, 698 00:42:39,098 --> 00:42:42,893 and they've turned it all over to the defense, so probably not. 699 00:42:44,103 --> 00:42:46,313 Honestly, I'm not sure I care anymore. 700 00:42:47,147 --> 00:42:47,982 Wow. 701 00:42:49,024 --> 00:42:53,904 Three dead college kids. All overdoses. Tox results show fentanyl in the cocaine. 702 00:42:59,285 --> 00:43:00,369 What is it? 703 00:43:00,995 --> 00:43:02,162 Something good. 704 00:43:03,664 --> 00:43:06,374 Something very good. Thank you. 705 00:43:06,375 --> 00:43:07,501 My pleasure. 706 00:43:09,295 --> 00:43:10,879 Just don't get used to it. 707 00:43:22,349 --> 00:43:23,725 - What's this? - Research. 708 00:43:23,726 --> 00:43:26,060 I got to thinking. In all the hubbub about Julian, 709 00:43:26,061 --> 00:43:28,187 the judge never ruled on De Marco's testimony. 710 00:43:28,188 --> 00:43:30,565 - You have a chance to get it back in. - Lorna. 711 00:43:30,566 --> 00:43:34,569 What? You said that that video is useless unless we get it in front of a jury. 712 00:43:34,570 --> 00:43:37,363 She's not gonna let De Marco testify again. 713 00:43:37,364 --> 00:43:39,282 Not with that attitude, she won't. 714 00:43:39,283 --> 00:43:43,120 Mickey, I'm serious. We have to find a way to get that video in. 715 00:43:45,623 --> 00:43:46,957 It's all right, Lorna. 716 00:43:47,541 --> 00:43:51,086 I think I have a better idea how to use it. I'll meet you inside. 717 00:43:59,178 --> 00:44:00,304 Mind if I join you? 718 00:44:04,767 --> 00:44:06,852 I have something to show you, actually. 719 00:44:07,936 --> 00:44:10,731 Save it for someone who gives a shit, Counselor. 720 00:44:11,398 --> 00:44:12,858 I think that someone is you. 721 00:44:14,777 --> 00:44:16,195 You're sick of it, aren't you? 722 00:44:16,987 --> 00:44:18,155 Sick of what? 723 00:44:23,452 --> 00:44:24,620 Just press play. 724 00:44:40,344 --> 00:44:42,554 I think you'll agree this is bad. 725 00:44:47,976 --> 00:44:49,645 I didn't go inside with him. 726 00:44:50,521 --> 00:44:52,647 It's not what it looks like. 727 00:44:52,648 --> 00:44:54,774 Oh, it's exactly what it looks like. 728 00:44:54,775 --> 00:44:58,195 Here's the thing, Bishop. I don't care anymore. 729 00:44:59,279 --> 00:45:01,781 I don't care whatever fucked-up arrangement you two had. 730 00:45:01,782 --> 00:45:06,078 All I care about is saving my client and bringing this piece of shit down. 731 00:45:06,912 --> 00:45:08,162 It's not that simple. 732 00:45:08,163 --> 00:45:13,001 A woman is dead. My driver is dead. And now my client might die. 733 00:45:17,548 --> 00:45:20,217 You're a lot of things, Bishop, but you're not a killer. 734 00:45:21,301 --> 00:45:24,888 Whatever this is, deep down, I think you wanna make it right. 735 00:45:31,478 --> 00:45:32,396 Don't show that. 736 00:45:33,689 --> 00:45:36,442 Not in court. Not to anybody. 737 00:45:40,487 --> 00:45:42,114 Well, that depends, doesn't it? 738 00:46:06,930 --> 00:46:09,057 Mr. Haller, please call your next witness. 739 00:46:10,517 --> 00:46:13,020 The defense calls Neil Bishop to the stand.60795

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