All language subtitles for Proven.Innocent.S01E09.WEBRip.x264-ION10

ANNOUNCER: Free the innocent. Find the guilty.

-Are you sure you want to poke the bear?-I want to rip his heart out.

ANNOUNCER: All-new episodes
ofProven Innocent Fridays.

And check out
our other hit shows--

The Resident, 9-1-1, andEmpire.

Only on Fox.

Previously
onProven Innocent...

Did you knowabout this whole Adderall ring?

LINDA:
Yeah. Just let it go.

An innocent East Cleve man,

Davon Watkins,

is on death row
for murdering a cop.

Never tried
a death penalty case before.

I will grant Davon Watkins
a stay of execution.

But what does that mean, really?

We didn't get you out just yet,

but keeping you alive
means we can.

-Thank you.
-And we'll keep tabs
on you, Davon.

If you need anything,

we're just a phone call away.

Hi, Mom.
How are you?

I just called to tell you
that I'm bisexual

and I'm dating a woman.

♪

[door opens]

[door creaks]

[door slams shut]

Someone there?

Hello?

[grunting]

[gasping]

♪

[lock buzzes, latch clicks]

[exhales]

My whole family
can't wait to meet you.

Especially my mom.

Yeah, I told her.

You okay?

I'm just a little on edge.

It's gonna be fine.

This week has got to be
the longest week of my life.

What's the first thingyou want to do when you get out?

What are we eating first?

No, stop.
You're gonna jinx it.

Not a chance. You haven't been
written up in five years.

You took a leadership role
in the kitchen.

You have amazing, intelligent,
charming character witnesses,

like me.

You forgot "overconfident,"

"long-winded"...

and "incredibly sexy."

You think
I'm a sexy character witness?

Oh, yes, definitely.

[groans]

It's gonna go great.

Okay.

♪

VIOLET:
Hi.

May I help you?

I'm Sophia Hernandez.

This is my husband Eduardo.

We're looking
for Madeline Scott.

Do you have an appointment?

-[speaks Spanish]
-No, no.

-[speaking Spanish]
-[mouths]

Madeline Scott,

this is Sophia
and Eduardo Hernandez.

Mucho gusto.

-Mucho gusto, señor.
-Ms. Scott,

it's an honor.

We know everything
about your case,

about how you wrote
to all those lawyers.

It was remarkable.

Thank you.

Our son Daniel
is remarkable, too.

He has been locked up
for 25 years.

They said he raped
and murdered a girl.

SOPHIA:
He's innocent and he's got

the DNA to prove it.

After my court-appointed lawyerscrewed up my case,

I, uh, spent about five years
feeling sorry for myself.

And then decided, hell,
I'll just do it on my own.

So I got my bachelor's degree,

read everything
about the law that I could.

Even took the LSATs.

Sounds familiar.

MADELINE:
You were convicted of the rape

and murder of Janet Dale.

It's not true.
None of it.

I never even met her.

But you were found in the same
bedroom as her dead body.

At the Phi Kappa Delta
fraternity.

So, tell us

-what happened that night.
-This guy I knew,

Eddie DuBar, he invited me.

I was still in high school.

Me and my buddies, we, um...

we got into all the frat parties'cause...

well, we had the best weed.

Look, I'm not
gonna lie. I...

I got totally wasted.

Passed out behind some bed.

The next morning,
the cops wake me up,

and there's Janet's body,
half-naked.

And the police arrested you
right away?

Right on the spot.

But I swear

I didn't rape or murder anyone.

I knew I had to test the DNA
they found inside Janet Dale.

There's no way
that that matches me.

And I was right.

So the rape kit
doesn't match your DNA?

Not even close.

That should be enough
to turn over my conviction?

No rape, no murder.

It's as solid a case
as we've seen.

Yeah, you did great.

Now you havetwo wrongful conviction lawyers

to help take it
over the finish line.

♪

There are about a million ways
to wind up in prison

but only four ways to get out.

You serve your sentence,
you get paroled,

you leave in a body bag,
or-- our personal favorite--

you get exonerated.

For the wrongfully convicted,

a good lawyer is a necessity,

and it can makeall the difference in the world.

But, represented or not,

a prisoner's last resort
is hope.

Hope that there's a way out.

This is amazing.

From now on,
let's only take cases

where the client's already doneall the work for us.

And what would you do
with your free time?

Learn to knit.

EASY:
Now, Daniel's conviction

was based solely
on circumstantial evidence.

Right. No injuries consistent
with a struggle

and no eyewitnesses
to the rape or murder.

And the best part? We drew
an ace with our assignment.

Judge Elijah Fry
will hear our petition.

-Nice.
-What am I missing?

EASY: Elijah Fry is the greatestlegal mind of our era.

The Cardozo of Chicago.

He also happens to be
Easy's mentor, teacher,

guide, and inspiration,

all rolled into one.

The man made me
the lawyer I am today.

He taught me that truth,
justice and honesty

are more important
than anything else.

Cool. So we got an in.

Guys, we have a problem.

Amina, what's going on?
Is Davon okay?

He's back on death row.

I was in Madison when I heard.

I drove here straightaway.

I don't understand.
What happened?

AMINA:
The State of Ohio is saying

that any death row inmate

without an actual
pending appeal will be

put to death
as soon as possible.

Why?

Ohio's death drugs
are about to expire.

So instead of delaying
the death penalties,

they're speeding up
the ones they can.

They are rushing the executionsso they can use

the drugs they do have
before they expire.

-Same thing happened in Arkansasa few years ago.
-AMINA: In Ohio,

16 of 127 men on death row

have had their execution dates
moved up. Davon's one of them.

Davon is different.
He has a stay.

The Ohio Court of Appeals
vacated Davon's stay,

in support of the legislature.

We're gonna fight this.

Will you excuse us?

-I have to go to Ohio.
-Look, I know.

I'll take the Daniel Hernandez
case. Shouldn't take long.

-I'll see you right after.
-Yeah.

JUDGE FRY:
Good to see you, Mr. Boudreau.

Always a pleasure, Your Honor.

Counsel, Mr. Boudreau wasa student of mine in law school.

That was many years ago.

I assume the State
has no objection.

Of course not, Judge.

I also gather,
from petitioner's papers,

there's a serious problem with
Mr., uh, Mr. Hernandez's DNA.

The DNA from the semen recoveredfrom the victim's body

is not his.

I thought this was
a murder case.

It is, Your Honor.

Murder, with an associated
rape charge.

Your Honor, the State requests
90 days

to perform its own tests.

No. I don't see any need
for further tests.

I'm prepared to rule now.

Petitioner's DNA being the soleevidence in the State's case

in support of the rape charge,
this court grants

petitioner's motion to dismiss
count one of the indictment

and vacates said
rape conviction.

Counsel, was there
something else?

The murder conviction, Judge.

Oh, yes, of course.Well, the murder charge stands.

[gallery murmuring]

All due respect, Judge,the two charges are inseparable.

My client didn't rape Ms. Dale,

he also didn't murder her.

Can't have one
without the other.

FRY:
Of course you can.

The DNA has zero bearing
on the murder.

Your Honor, Illinois case law
clearly holds the opposite:

"The inextricability of rape andmurder counts almost inevitably

requires the dismissal of both."

The key word being "almost."

That's enough, Ezekiel,
you have my ruling.

I've never heard of separating
two charges out like that.

So what now?
We file an appeal?

Judge Fry is brilliant
and respected.

He's been overruled exactlytwice in 32 years on the bench.

-But he's wrong.
-I know that.

We just have to prove it.

-[Daniel scoffs]
-OFFICER: Come on, let's go.

[indistinct voice
over loudspeaker]

Three days ago, the guards
grabbed me from gen pop

and threw me back on death row.

They didn't tell me why
or what was happening.

-They-they treat Davon terribly.-It's better now, Grandma.

-Maybe 'cause they know
I'm gonna be dead soon.
-You need to stop saying that.

We have a favorable ruling
from a judge, Davon,

and a sworn affidavit

from the actual killer
of Officer Sampson.

My Ohio lawyers said

they couldn't find anybody
to back up Omar's confession.

They just didn't have
enough time.

Time is the one thing
I don't have.

We have shown the courts
that you didn't kill anyone.

We just need to convince them.

And we have seven days to do it.

The good Lord took seven days
to work his miracle.

Well, now it's your turn,
Ms. Scott.

VIOLET:
What have we got?

MADELINE:
So, all we have is
the signed murder confession

-by Omar Blackwell.
-Right,

but Omar is dead,
and no judge will accept

his affidavit on its own.

We also know that
the gang leader, Troy D,

ordered Omar to kill
Officer Sampson.

Troy D, the gang leader
and respected businessman.

-Excuse me?
-Troy D has a legit front.

He uses his drug money
to fund investments.

He literally creates jobs.

Okay, so Troy D
is the type of man

who can kill snitch Omar
in prison and then,

what, still join
the country club?

He ownsthe country club.

He's the most powerful man
in East Cleveland.

-No one can touch him.
-Well, no one can stop us
from saving Davon.

Not even Troy D.

Officer Sampson's death wasn't
a random drive-by shooting.

It was a calculated hit
by Troy D.

How do you prove that in court?

EASY:
"Fraternity Threatened
with Closure

after Death in Dorm."

BODIE:
I can't believe
they weren't shut down

after this girl was found dead
in their frat house.

You know, somewhere
in this mess is probably

a picture of our killer.

Here's Bob Callaway,
chapter president.

And...

entertainment director
Eddie DuBar,

aka Smokey the Dope.

DuBar. This is the guy
who invited Daniel

to the party that night.

How are we gonna track
all these bros down?

We don't. They're all gonna be
in the same place.

The Hutton Club.

"Booster for the Brothers"
night.

Ah, fraternity fund-raiser.

These Phi Kapp boys
are all grown up now,

and they include a lot of moversand shakers in this town.

CEOs, bankers, judges,
congressmen.

Let's crash this party.

♪ Luck ain't got nothing
to do with it♪

♪ No matter what they say♪

[indistinct conversations]

♪ Luck ain't got nothing
to do with it♪

♪ I'll show you how to play♪

♪ You watch people sweating
at the table...♪

Hmm. There he is.

Ed DuBar, Phi Kapp Class of '96at Sheridan U.

Boswell Quick III.

Phi Kapp Class of 2000,
Boise State.

-This is Easy.
He's my drug dealer.
-[laughs]

EASY:
I hear all you boys

invite drug dealers
to these shindigs.

Yeah, like Daniel Hernandez.

-PKD shot of the night?
-EASY: Oh, go ahead.
-[chuckles]

You could probably use a drink.

[exhales]

Great legs on that one, huh?

[laughs]

[chuckles]

Okay, sure, I remember Daniel.

Drug dealer who killed
that smoking hot Theta virgin.

Janet Dale.

Janet.
Man, that was a bad scene.

It was a bad scene for a lot ofpeople, especially Janet Dale.

CALLAWAY:
Eddie.

Bob, hey.

We were just, uh,
talking about Janet Dale.

Oh. That poor girl.
What a tragedy.

BODIE:
You seem real distraught

about it, Brother Callaway.

-Have we met?
-Well, not officially,

but people still talk aboutthe Great Boof King of Sheridan.

-I mean, that's something
to aspire to, isn't it?
-Mm.

This is a private event.

No, understood. But we representDaniel Hernandez,

falsely accused of the rape
and murder of Janet Dale.

If you have a legal issue,

then please go through
the proper channels.

Don't make me call security.

No need.
We'll see ourselves out.

Look, I got an idea.I'm gonna call my friend at ATF

and have them run the DNA from
Daniel's case through CODIS,

see if they come up
with anything.

The federal database?
That's a long shot.

People like this usually
don't end up in CODIS.

These jerkwads might.

They doth protest too much,especially that Eddie DuBar guy.

If it may please the court,

-Madeline Scott
for the petitioner.
-THOMPSON: Ms. Scott,

I've heard every 14th Amendmentargument on the books today,

denied them all.

Do you have anything new
to add to the mix?

Davon Watkins's position
is unique:

he isn't seeking a stay of
execution, he already has one.

We're simply asking
that the court uphold it.

Officer Sampson was
killed by Omar Blackwell.

He was ordered to do so by TroyDalton, a known drug dealer.

-We have this affidavit
that clearly...
-I'm familiar

with the facts, and your staywas conditioned upon the finding

of new evidence in support
of your client's innocence.

-Your Honor, moving forward...-There is no new evidence here.

Petition denied.

[gavel bangs]

[sighs]

THOMPSON:
Next on the docket,
State v. Alexander Corwin.

This matter
from Cuyahoga County...

I'm not giving up.

-Neither am I. What's next?
-We take down Troy D.

There's no breaking down
that door.

Then we break down
a different door.

-Meaning?
-Troy D ordered

the hit on Sampson
because his cover was blown.

That's the only way
this all makes sense.

-Well, then the question is howit was blown and who blew it?
-His handlers would know.

The police aren't exactly
forthcoming with information.

We make a Freedom
of Information Act request.

-Better make it fast.
-I'll file the motion
right away.

I got something.

-Hmm.
-As you predicted,

O Wise One,
CODIS came up with bupkis

on the DNA from Janet Dale's
rape kit.

But...

our rapist/murderer
has a son,

and he wants to know a little
bit more about his ancestry.

You submitted DNA
to a private genetics company?

Can I use this?

Familyrootsfinder.com.

Fred Jenks.

Our bad boy had a son
who's looking for his father.

That's genius.

Now, if he's already found
his dad, we're halfway home.

EASY:
Yeah.

All right.

WOMAN:
Fred's still

at work. I'm his mother,
Karina Jenks.

Please, have a seat.

Thank you.

Your son submitted his DNA

to the familial finder websites.

We'd actually like
to talk to his father.

Uh, so would Fred. I'm sure
that's why he used that site.

-Fred doesn't know his father.
-Right, but you do.

I haven't seen him in decades.
What's this all about?

EASY:There's no easy way to say this.

DNA matching your son's
biological father

has been linked to a crime.

BODIE:
It's, uh, more likely than not

he raped and murdered
a sorority girl 25 years ago.

Janet Dale?

You knew her?

I was her Theta Omega sister
for about a year,

but they convicted somebody.

Our client, but he didn't do it.

No DNA match, no other evidenceto support his conviction.

I'm sorry, but Fred's father
is Janet Dale's murderer.

Fred's been asking about him
since he was a little boy.

Uh...

I was a sophomore at Sheridan.

The Phi Kapps were having

a "pimps and hos" party.

I drank too much.

I went to his room
to sleep it off.

I woke up not being able
to breathe.

Someone's hands
were around my throat.

Then I felt someone
on top of me.

Inside me.

I always thought
I would fight back...

...but I was paralyzed.

He was going to kill me,
and I was letting him.

I'm so sorry.

None of this is your fault.

I know that now.

But back then, I...

Every time I saw him on campus,I got sick to my stomach.

And when I learned
I was pregnant, I just ran.

I quit school.

[laughs]: That's probably
more than you were asking for.

That's okay.

Who, uh... who did it?

Was it Eddie DuBar?

KARINA:
Eddie? No.

Eddie was actually
my boyfriend at the time.

He could come across as a jerk,

but he was always
really sweet to me.

The man who raped me
was his best friend,

Bob Callaway.

That's my son's father.

That's your killer.

FRY:
Gentlemen, I thought
I made myself clear

in the prior hearing.

This is an entirely new
legal issue, Your Honor.

I need a court order
to get a DNA sample

from Robert J. Callaway.

-Who?
-The former Illinois
Bar Association president,

Your Honor, Bob Callaway.

Oh, Bob Callaway, nice man.

We've had dinner on occasion.

So what is this all about?

DNA, Judge.
We want to test it.

Absolutely not.

The rape charge
has been dismissed.

The DNA of person
or persons unknown

has no bearing
on the murder conviction.

EASY:
Your Honor, that ruling

flies in the face of reason.

Excuse me?

I'm sorry if I offended
Your Honor in any way

during these proceedings,

but my client shouldn't
bear the brunt of...

Oh, you haven't offended me.

You haven't even appeared beforeme in some time, Ezekiel.

But it is good to see you again.

[gallery murmuring]

Your Honor?

Motion denied.

Yeah, they keep saying just
"take it one day at a time,"

but, uh...
[sighs]

it's more like every second

of every single day.

I know.
It's the same for me.

How come you called me?

I saw you at Toby's funeral.

So did your sister.

I already told her
I didn't know anything.

She said that-that you almost
OD'd, and I just thought,

you know,
I thought maybe we could...

What?

Compare battle scars?

[sighs]

LEVI:
When I was in prison, I, um,

I got protection from the guys
that were running heroin.

You keep away from it
the best you can.

Things started to spiral.

And if it wasn't for Madeline
and my folks, I'd be dead.

Three years in N.A.
taught me that

all of our stories have
different beginnings,

but similar endings.

So how'd you start?

-[chuckles]
-I-I heard some rumor
about girls

who were doing Adderall
in high school.

We were just trying
to stay skinny.

[chuckles]:
What? Why?

Hey.

I just want to know what
happened to Rosemary, okay?

You know, I-I just found out
she was doing Adderall.

I-I didn't know if you guys
were even friends, but I...

Heather Dupinski,
she connected all of us.

It was something really specialwhen we first started hanging.

Then what happened?

Rosemary died.

Nothing was the same after that.

Do you think
that any of those other girls

could've killed Rosemary?

Like Heather Dupinski?

It's not impossible.

But, I mean,
there were other girls, too.

Look, we were stupid teenagers,but we felt like a family.

Okay, when Rosemary died,
it changed all of us.

All right, a few
conservative-leaning

constituents feel
that Rosemary's Law

doesn't push hard enough.

They want a death penalty rider.

If you go pro-death penalty,
you can kiss the Chicago vote

and the election goodbye.

The rider may cause a bit
of a hit in the major cities,

but it will be offset
by an uptick in the suburbs.

Mr. Zahn says, and I agree,
that with the press you'll get

for passing the law,
it's a net win.

CONNOR:
Not if you're seen
as compromising

personal values
for political gain.

Are you compromising?

Where do you stand?

Are you pro-death penalty
or not?

When you've seen the things
I've seen,

the cases I've tried...

...it's almost impossible
not to be pro death penalty.

I've spent a good deal of
my life trying to seek justice

against the worst of humanity,

and I have never sought
the death penalty

unless I was truly convinced
it was called for.

NOAH:
So then, what's the problem?

The problem is
he'd be taking a position

on a controversial issue
when he doesn't need to.

NOAH:
Yeah, well, there's a time
to play politics

and a-a time to man up.

I'll take it under advisement.

Thank you, sir.

Uh, moldy trail mix
or expired mystery bar?

I'm good with coffee.

Come over here.
You got to see this.

We got our FOIA response,

and apparently, at the time
of Officer Sampson's murder,

the East Cleveland PD
was involved in

a joint task force with
the Drug Enforcement Agency.

The Feds? Okay.

Uh, do we know who
Officer Sampson's handler was?

-Who put him in the park
that night?
-No, it doesn't say.

But I did find this interesting.

That's Troy D. So?

You see that guy
standing behind Troy?

His name is Tyler Lauten.

He's Troy's head of security
and personal bodyguard.

Want to know what job
he had before

he started working for Troy?

He was a DEA agent in Cleveland.

-You're kidding.
-Nope.

And guess who was the head
of the joint task force

with the East Cleveland PD?

-Tyler Lauten.
-Mm-hmm.

Well, he was Sampson's boss
back in the day.

He set him up.

[exhales]

Violet, I think
you found our guy.

[indistinct chatter]

-Here he is.
-TYLER: Ladies.

Tyler Lauten, head of security.

How may I help you?

We have some questions
for you about Steve Sampson.

[clears throat]

MADELINE:
So we know that
you were a DEA agent

and that you put
Steve Sampson in City Park

the night that he was killed.

Now you work for Troy D.

You see how that looks.

Actually, I don't.

You got your facts backwards.

Officer Sampson was on the job.

He called me

and told me he was heading
to the park to meet a C.I.

The shooting was random.

Your current boss
ordered the hit on Sampson.

And you put him there.

No, I didn't.

And my current employment
by Mr. Dalton

is perfectly legit.

Hell, half of Cleveland
law enforcement works for him.

Also, Troy had no reason
to kill Officer Sampson.

Investigation was going nowhere.

We were ready to close up shop.

What happened with Sampson
was... bad luck.

Davon Watkins is gonna die
in four days

for a crime he didn't commit.

You used to be a DEA agent,
you were one of the good guys.

What the hell happened to you?

Mr. Dalton.

Tyler.

So who do we have here?

I'm Madeline Scott,
this is Violet Price.

We represent Davon Watkins.

Right. That poor kid
that's on death row.

Personally, I'm not a big fan
of the death penalty.

It affects our people ina grossly disproportionate way.

We spoke to Omar Blackwellbefore he was killed in prison.

He told us what you did.

Omar was a desperate man lookingto make peace with his son.

You and I both know
he wasn't reliable.

Then why did you kill him
for being a snitch?

I think you watch
too many gangster movies.

I assure you,

you won't discoveranything about Officer Sampson's

unfortunate death here.

Isn't that right, Tyler?

TYLER:
That's just what I told them.

-Bad luck.
-Well,

I'm sorry you ladies
wasted your time.

MADELINE:
"Bad luck." Yeah, right.

[phone rings]

-Sorry.
-Mm-hmm.

Hello?

Yes, yes.
I'll accept.

I just... I need a second.

I just found out
my parole hearing's

at 10:00 a.m. tomorrow.

Wren, uh...

I'm in Ohio on a case.

My client's
on death row and I...

You can't make it.

I'm so sorry.

Just... You're gonna
do great, okay?

Um... Look,
just sit up straight,

talk clearly and smile.

They won't be able
to resist your smile.

Hey, you've got three othercharacter witnesses, all right?

And none of them have been
locked up, unlike yours truly.

They don't know me like you do.

Wren, I'm so sorry.

My client's gonna die
if I don't help him

and I just really need

to be here, I...

All right.

Bye.

-More coffee?
-Um... no.

I've got nothing to say to you.

We know.

We were hoping
you'd talk to her.

Karina.

It's been a long time, Eddie.

So you never suspected?

Bob Callaway,
that son of a bitch.

I didn't know
why you left school.

You never returned my calls.

-I'm so sorry.
-It wasn't your fault.

Yes, it was.

So... Janet Dale?

Daniel Hernandez is serving

a life sentence for a crime
he didn't commit.

We need to know what happened.

That night, I was still upset

about you leaving school.

Bob said a good rager
was the best way to forget.

So we drank.

A lot.

We took Janet in the room.

Bob asked her
if she'd ever heard of

a "devil's triangle."

She slapped him,
but he just laughed.

She went to the door,
but Bob grabbed her.

She tried to scream, but...

Bob put his hand over her mouth.

The music was so loud.

I left.

I was a coward.

EASY:
Your Honor,
we call Mr. Edward DuBar.

-Who's this?
-Mr. DuBar was an eyewitness

to the events
of the day in question.

How many times need I say it?

This is not about rape anymore.

We believe
this testimony exonerates

the petitioner
of the charge of murder.

Very good. Yes.

Well, Deputy,
please call the jury in.

[gallery murmuring]

I, um... I'm constrained

to remind Your Honor
there is no jury.

This is an evidentiary hearing,Your Honor.

EASY:
Given the hour,

may I suggest we adjourn
for the day, Judge?

Yes, well...

Okay, um...

we're adjourned until
9:00 a.m. tomorrow.

[gallery murmuring]

Remember when Hillary Clinton
would talk about

the difference between
winning an election

-and actually doing the job?
-BELLOWS: Yes.

It's a loser's argument.

If you're gonna run for office,

win the damn election.

Worry about the issues later.

I'm tired of hiding
what I really believe.

It's a mistake, Gore.

But you seem to be making
a lot of them lately.

Noah, Connor. May I see you
in my office, please?

Connor.

You're fired.
I'm sorry.

NOAH:
Well played.

As always.

[door opens]

MAN:
Park it around back.

Looking for me?

Yes, I am.

I want you
to take a look around.

See that school?

That library?

Who do you think got them built?

And that nursing home is there

-because I put that there.
-So?

You built the city's
morgue, too.

You know, ten years ago,
a white girl like you

wouldn't be caught dead
on a street like this.

You don't know me.

And you don't know me.

And you don't see
how it all works.

See, for the rest to live,

there's always gonna be
acceptable losses.

Your client, uh,
Davon what's-his-name--

yeah, no--

he's an acceptable loss.

And as far
as this city's concerned,

I'm a necessity.

I am East Cleveland.

Davon Watkins is innocent.

He will walk free.

And the people responsible
for Officer Sampson's murder

will be locked up.

And East Cleveland
will be just fine.

You need to be careful.

So do you.

FRY:
This is what
I love most, Ezekiel.

After the day's work
is finished,

you're left with just yourself,

your thoughts...

and the law.

With all its purity and force.

And magic.
[chuckles]

And all it requires
is the determination

and intellect
to push and pull at it

until you finally see,as clearly as the dawn's light,

the right thing to do.

I know.

And that's why this
is the hardest thing

I've ever had to do.

What are we talking about,
Ezekiel?

Sir, when I appeared before youduring yesterday's proceedings,

-you...
-Did I lose my temper?

Apologies.

Since Margaret passed
last year...

I've had a short fuse.

Judge, Mrs. Fry passed
four years ago.

I saw you at her funeral.

How can it be that long?

Judge...

I think maybe this might be

the right time
for you to step down.

Step down?
From the bench?

How dare you.

Who do you think
you're talking to?

A man I admire...

...and love.

Well, I appreciate your concern,but I'm fine.

Sharp as ever. Really, I am.

I know we probably shouldn't bediscussing an active case,

but... I just wanted to
give you a heads-up.

Yes?

I intend to cite
State v. Kafina

in my appeal of your DNA ruling.

It's directly on point
and completely persuasive.

Well, if you think
it's relevant,

I'll accept any brief
you want to submit.

I confess, I don't rememberthe case off the top of my head.

It's an excellent opinion.

Brilliantly crafted.

Cited hundreds of times,

all the way up
to the U.S. Supreme Court.

Sorry, it doesn't come to mind.

Judge...

Elijah, you wrote
that opinion yourself.

I did?

[shudders]

You could have moved
to recuse me,

made a big deal of all this.

But you didn't.

You spared me the humiliation.

You taught me the way.

[exhales sharply]

I'll call the administrativejudge and arrange medical leave.

No.

I want to do this the right way.

My health has deteriorated
in the past few weeks.

I am a steward of justice.

It remedies that
which is untenable and wrong.

It's really a simple process.

You look at the facts,
you apply the law,

and you come up with an opinion.

Now, it is my opinion

that my time as a judge is over.

I will step downfrom this matter and this bench,

effective immediately.

I leave in my wake
other stewards--

sharp minds and gentle souls

who will take care of justice
and protect her.

This case and this defendant

are in good hands.

This court vacates
the sole remaining count

against Mr. Hernandez

and directs that the State
issue an arrest warrant

for Robert J. Callaway.

The State apologizes to you,
Mr. Hernandez.

You're a free man.

-[gavel bangs]
-[scattered applause]

Thank you.

You're coming home.
You're coming home.

TYLER:
I can only tell you

what I remember, Counselor.

Officer Sampson called,
said he wanted to wrap up

a detail with one of his
confidential informants.

"No big thing," he said,

so I gave him the go-ahead
to meet the C.I.

For the record,
who was the target

of Officer Sampson's
undercover investigation?

Troy Dalton, but thatinvestigation was winding down.

And who is your
current employer?

Troy Dalton.

Your Honor, I renew my motion

that the stay of execution
previously in place

for Davon Watkins be revived.

Ms. Scott, in light
of the paucity of evidence...

Paucity?

An undercover officer
is killed on a fool's errand

to meet person
or persons unknown,

and then that undercover
officer's boss goes to work

for the target
of said investigation?

If that doesn't stink
to high heaven...

I'm not interested in how you
think things smell, Ms. Scott.

We have a signed confession
from a known associate

-of Mr. Dalton's.
-Now deceased.

Executed.

The same way Officer Sampson
was executed.

THOMPSON:
Ms. Scott, do you have
any other witnesses?

-Your Honor...
-It's a yes-or-no question!

No.
They're all being murdered.

Petitioner Davon Watkins's
final appeal is denied.

-His execution will proceed
as scheduled.
-[gavel bangs]

You can do it.

So, I hear you're coming aroundto the proposed death penalty

-addendum to Rosemary's Law.
-You know,

I used to think that life in
prison was worse than death,

'cause you had to
sit there all day

struggling with your
guilty conscience

for the rest of your life.
And then I realized that

most of the accused...

...don't have a conscience.

So, no struggle, no remorse.

I think you're right.

People who kill, they...

...they don't feel anything.

Bottom line, I need to win.

But I have to do it
on my own terms.

I wouldn't want it
any other way.

Really?

Because I would have thought
you would want

more of a return
on your five million.

I want a friend in Springfield,but other than that...

[laughs]

Gore, you got me all wrong.
Y...

You have big dreams,

and I'm gonna make 'em
come true.

The battle's not over, Davon.

We still have
one more day to fight.

AMINA:
We're gonna resist

until the last possible moment.

Thank you.

I really appreciate
everything you've done for me.

I just want you to know
I'm ready.

Don't say that, Davon.

When they take one
of us guys to that room,

all of us,
we bang on our cell doors

and scream as loud as we can

so that that man knows
that he's not alone

when he leaves this earth.

And that sound--
it used to terrify me.

'Cause I thought
what if I'm actually

alone when it's my time?

What if nobody believes me?

They've taken a guy
every day this week.

But guess what.

I'm not scared anymore.

You know why?

Because you believe me.

The people,
they heard the truth,

and that's because of you.

We're still gonna fight this.

Once a death row inmate's
final appeal is denied,

his death day is set.

And Davon's is today.

Now, only the governor
and the Supreme Court

and you stand between him
and this final judgment.

You can demand that
Davon Watkins be given

a stay of execution

because he is an innocent man.

"The Moving Finger writes;

"and, having writ, Moves on:

"nor all thy Piety nor Wit

"Shall lure it back

"to cancel half a Line,

"Nor all thy Tears

wash out a Word of it."

Do not let the last line

on the life of Davon Watkins
be written.

Not yet.

♪ Feel like it's over now?♪

[crowd shouting]

VIOLET:
We've submitted an
emergency petition

to the U.S. Supreme Court,

and we've sought clemency
from the governor.

But the hour is finally here.

Maketh me to lie down
in green pastures.

-[lock clicks]
-[praying quietly]

GUARD:
Davon, it's time.

♪ But when the sun comes up,
the shadows will fall♪
-[indistinct murmuring]

♪ I'll know I'm enough
to weather the storm♪

♪ And I may not have
a plan, but♪

♪ I'm still gonna answer♪

♪ When I get that,
I get that call♪

♪ When I'm feeling
way down under it all♪

♪ And it gets too heavy
to keep standing tall♪

♪ Oh, I may be afraid,
but I know I'll find my way♪

♪ When the sun comes up,
the shadows♪

♪ The shadows will fall...♪

VIOLET:
And the CCI's warden
awaits word.

Will there be clemency
and commutation

from the governor...

♪ The shadows will fall...♪

...or will the state of Ohio
put an innocent man to death?

♪ At night♪

♪ When it's hard to sleep♪

♪ Wondering what's real
and what's just a dream♪

♪ Breathless and lost
in the in-between♪

♪ It gets to me, yeah...♪

-We failed him.
-The system failed him.

We are the system.

At least Daniel Hernandez
gets to

walk out of prison a free man.

He's going to law school.

Wants to study criminal law.

There are no acceptable losses.

♪ Oh, I may be afraid♪

♪ But I know I'll find my way♪

♪ When the sun comes up,
the shadows♪

♪ The shadows will fall...♪

When I was a child,
my parents taught me

that everything happens
for a reason.

That there's a bigger plan.

What is meant to be will be.

It's a cruel joke
our parents play on us,

making us believe
that the world is good

and just and kind, because...

...because today,
I just can't see it.

What's the plan
when an innocent man

loses his life?

♪ When the sun comes up,
the shadows will fall...♪

Why does a good man--
an honest man--

suffer the penultimate loss
before his time?

Maybe it is part
of some grand circle.

Birth and death and rebirth.

Maybe.

But for those of us
who remain behind,

how do we accept the losses
and move on?

We search for hope
for a brighter future.

Today we may not know,

but tomorrow we'll try.

We have to.

♪ When the sun comes up,
the shadows♪

♪ Shadows will fall.♪

Captioned by
Media Access Group at WGBH

You've seen the fight for justice onProven Innocent.

Now here are a few more shows to check out from Fox.

Rule number one
if you want to stay alive.

Don't lie to your doctor.

♪ Show me how to come alive♪

-Profits over patients, again.-You save your morality lesson.

-WOMAN:
You have to save him!
-[long tone]

-[coughs]
-Be careful.

-You tried to kill him.
-I had no choice!

-[siren wailing]-♪ Let me know I'm not alone♪

Shall we?

♪ Show me how to come alive♪

ANNOUNCER: The Resident, all new, Mondays at 8:00 on Fox.

[bell clangs]

MAN: As they began
their hours of duty...

-[bell clangs]
-it was a bell
that started it off.

Each alarm was sounded
by a bell...

-[bell clangs]
-that called them to place
their lives in jeopardy...

-[bell clangs]
-for the good
of their fellow man.

-[bell ringing faster]
-When the alarm had come
to an end,

the bell rang,
to signal that end.

-[phone dialing]
-OPERATOR: 9-1-1?
What is your emergency?

ANNOUNCER: 9-1-1. All new,
Mondays at 9:00 on Fox.