Original subtitles

♪

Lucas. Looks like the word's out.

You got the best game in town.

Hope you've got room for me at the table tonight.

I'm sorry, Viv. Not tonight.

Hey. Lucas, come on.

Have I ever left you high and dry before?

Well, word is you left Asher Ray

very high and dry.

And I don't have any interest

in getting in line behind that guy when you lose my money.

MAN: I don't like chamomile.

How many times do I have to tell you?

I want Earl Grey.

WOMAN: But Earl Grey has caffeine in it.

You will never be able to get to sleep.

Here.

Just try this. I put some honey in it for you.

I told you I don't want it!

Idiot. All right, Dad, that's enough.

Ha. You're home early.

Couldn't get anyone to buy you a drink?

VIVIAN: I've got this.

Why don't you take off a little early?

You sure?

Oh, that's great.

Reward her incompetence

by sending her home halfway through her shift.

I'm sure.

Oh, that's right, I forgot. Money...

It's just a game to you.

Out all hours at poker tables

like some lowlife.

Well, I'm sorry I disappointed you so.

I'll be right back with some Earl Grey, Dad.

Just the way you like it.

You want your tea and pills yet?

What's your rush?

Give me a little time to wake up.

I'm not trying to rush you, Dad.

I just want to go upstairs and take a shower.

I just want to be sure you're okay out here.

Why shouldn't I be okay? I spend every morning out here.

I know, Dad.

But it's Cecilia's day off and I'm all alone

and I won't be able to hear if you need anything.

The only thing I need is for you to leave me alone!

Okay, Dad.

I'll be back in just a bit.

You ready to come back in, Dad?

You got your fresh air for the day?

Oh, how'd that get there?

Dad?

BENNY: Patricide.

Killing a parent.

Ooh, that is a nasty thing to be accused of.

Especially if you didn't do it.

Mm.

So, who's Vivian Cahill?

You've got the file.

No, I mean, who is she to you?

Old friend.

Used to play the same poker game years ago.

Mm.

[laughs softly] Vivian.

She was just out of college and she could wipe the floor with me

and anyone else in the room.

And then?

And then I stopped playing cards.

According to the police report,

your father died of blunt force trauma to the head.

And the medical examiner has matched the wound to blood

on a fireplace poker found at the scene.

The police and paramedics who responded to your call

said that you were the only one home with him

at the time.

I was upstairs, at the back of the house, showering.

Blow-drying my hair. Anyone could've come in.

Well, a-according to the reports,

there were no signs of forced entry.

My dad liked to sit alone out there

for about an hour every morning.

Last year he had a series of strokes.

First one was in the summer.

Since then he's pretty much always yelling at someone.

Mostly, yours truly.

Hmm. And you were living with your father?

His health was declining pretty quickly,

so I moved home to help him.

Spend time with him.

How was that going?

Not great. [laughs softly]

Dad's always had a temper,

and he could be pretty tough on me.

Did your dad know about your gambling?

Oh, yes.

Not a fan.

The occasional gentleman's game is one thing,

but for his only daughter to be a lowlife,

compulsive, degenerate gambler...

[chuckles softly]

Did you continue to gamble while you were living with him?

Yes.

It...

it actually got a bit out of control.

How big a hole we talking about?

$300,000.

Wow.

That is a lot of money.

And who do you owe the money to?

A guy named Asher Ray.

He runs a game out of Westport.

And he's been breathing down my neck pretty hard

to get his money.

Well, I hate to be indelicate, but your dad's death

kind of solved all of that, didn't it?

How much do you stand to inherit?

$27 million.

So if I'm the prosecutor,

this looks like patricide for profit.

I know that.

Hey, old friend.

That's why I called you.

Mm.

♪

BENNY: [laughs] What a beautiful little girl.

Oh, man.

You guys come up with a name yet?

Uh, no. Hospital keeps calling.

They're acting like we're trying to pull a fast one.

Well, it is a little peculiar,

you not having a name for your child.

It's not like you didn't have nine months to think about it.

Ah. We just have very different points of view.

You have a name in your head?

Actually, yeah.

When I look at her, I see Ingrid.

Ingrid.Yeah.

That's such a pretty name.

Your sister's convinced she's an Asa.

Asa?

A-S-A.

Asa. Means goddess.

Oh. That's a good one, too.

You are gonna be no help at all on this,

are you? Nope.

I was not born yesterday, sir.

So... Voir dire. Talk to me.

What are we looking for?

It's actually pretty simple.

I think we want jurors who will

look at Vivian and see someone so sharp,

so well-adjusted, that they're just gonna

reject the idea that she'd be involved

in something as heinous and perverse as patricide.

Mm.

So... what am I looking for?

People from close, happy families

who'd never dream of hurting a loved one?

No. It's quite the opposite.

We want people from complicated,

dysfunctional families.

The more difficult their home life, the better.

People who know that just 'cause you want

to kill a family member doesn't mean

that you actually would kill them.

So... who here spent the holidays

with their family?

Wow.

So, you spent

the holidays with your family and lived to tell about it.

Yes, I did and yes, I did.

Okay, all right, all right. So, how was it?

Fantastic.

My husband, kids and I rent a cabin every year

with my two sisters and their families.

It's not fancy, but we always have a great time.

So, no fighting? No raised voices?

Of course not.

Liar, liar, pants on fire.

Either that or there's a whole lot of drinking going on.

Your Honor... [grunts]

We'd like to, uh, thank and excuse this juror.

And what about you, sir?

Did you spend the holidays with your family?

Afraid so.

I take it it wasn't fantastic?

It was three days of listening to my brother humblebrag

about his big job and his hot girlfriend.

And wanting to shove fruitcake

down my gluten-free, macrobiotic stepmom's throat.

All of that while dogs barked,

kids screamed and the worst music you ever heard

played nonstop.

Mm. My condolences.

You ever think about just skipping it?

Not going?

You mean not show up for Christmas with my family?

Sure. People do it.

Not me.

I mean, my family drives me nuts, but they're my family.

Your Honor, the defense finds this juror acceptable.

Nice work today in court, sir.

You want to grab some lunch?

Uh, actually, I'm thinking about skipping it.

Are you okay?

Yeah, I'm fine.

I just ate something I shouldn't have for breakfast.

Hey. I think I'm just gonna sit here.

You get yourself something to eat.

That is not gonna happen.

Maybe we should get you to see a doctor?

No, no, no, no. I'm-I'm good.

I'm telling you, it's no big deal.

Hey, that is some jury we snagged, huh?

Well, yeah.

Over two-thirds of them haven't prejudged Vivian.

I'd say that's once in a lifetime.

[exhales]

Now if I could just convince you

to get in a car with me and go to the emergency room,

so someone could take a look at you?

Well, that's not gonna happen.

And how long did you work as a home health care worker

for the defendant and her father?

I worked in their home for a little over four months.

BARRETT: And during that time, did you become aware

that the defendant was deeply in debt to someone?

Yes.

And how did you come to know this?

One day, um,

when I was working for Mr. Cahill,

um, a man came to see Vivian.

I was in the next room,

and it got pretty loud.

BARRETT: And what was said that led you to believe

Vivian owed money to this man?

Everything.

He was yelling that she owed him

hundreds of thousands of dollars.

That did she really think that he'd

just turn and look the other way?

BARRETT: And how did the defendant respond to that?

She told him that she didn't have

any money to give him right then.

That he needed to be patient.

Did this seem to satisfy him?

No.

He said people were coming down on him.

People that he owed money to.

And how did the defendant respond to that?

[sighs] She begged him for more time.

And swore that she will pay it all back when her dad died

and she came into her inheritance.

So Vivian was counting

on her father's death to bail her out of trouble?

[gavel bangs]

Objection. Calls for speculation.

WALLACE: Sustained. Ask another question, Counselor.

I have no further questions, Your Honor.

Your witness, Mr. Colón.

Hey.

[grunts]

So, this, uh... [clears throat]

Man who, uh, came to see Vivian...

Did you get a good look at him?

Yes, I did.

And was he a big guy?

Yes, at least six foot, one, maybe six foot, two.

Lots of muscles.

So, it is safe to say this man

that Vivian owed money to

was bigger and stronger than she was?

Yes, much.

And, so, this big, strong man...

He obviously knew where

Terrence Cahill lived.

Obviously knew he... had a nice house.

Obviously knew he had lots of money?

Yes.

Are you all right, Mr. Colón?

Yes, Your Honor.

Yes, I am, uh... I'm fine, thank you.

Now, this, uh, man also knew

that Vivian's dad needed to die

before she'd be able to pay him back, isn't that right?

Well, that's what it sounded like.

So, uh... which would you say

is more likely...

That, uh, Vivian, who put her life on hold

to take care of her father, bludgeoned him to death

with a fireplace tool, or thatObjection!

The big strong manMr. Colón.

Broke into her house with the intention

of endingMr. Colón.

Mr. Cahill's life to get his money back?

Mr. Colón.[gavel bangs]

Sustained.

The jury will disregard that last question.

No, they won't.

Mr. Colón, are you sure you're all right?

Benny!

What is it? What's happening?

Benny, can you hear me? Someone call 911.

Are you the gentleman who came in with Mr. Colón?

Yes, I am, uh...

How's he doing, is he okay?

Are you family, sir?

I'm his brother-in-law.

So, is everything all right?

Uh, do you have any idea what's going on?

His appendix burst.

At the moment, we're in the process of preparing him

for emergency surgery.

But he's gonna be okay, right?

Well, it's always better when we catch

these things before they burst.

The surgery and the recovery are always

a little more involved after they've ruptured.

But still, it's an appendix.

You guys do this sort of thing all the time.

He should be out of here in what,

a day, day and a half? Mm,

not quite. Unfortunately, once the appendix bursts,

it releases all manner of infectious agents into the body.

He could be battling potential infections for weeks.

And, he needs to be monitored.

Weeks?

You gonna tell the court about Benny?

Kind of have to.

Damn.

That was an amazing jury.

Well, there's no way the judge holds on to that jury

until Benny recovers.

She'll probably declare a mistrial

and we'll have to start all over again

when Benny's back in action.

[indistinct announcement over P.A.]

Do you think there might be a chance that I...

could cover for him?

Cover in a murder trial?

You haven't even graduated law school.

No offense, but... no.

All right, just thought I'd put it out there.

You know, it says here that Connecticut courts

actually allow law student interns much more latitude

than they do in New York.

Well, latitude is one thing, but allowing a law student

to sit first chair on a murder case...

seems like a reach to me.

And whatever the case, I'm sure they require

students to be supervised by a bar-certified attorney,

and with Benny in the hospital, who's that gonna be, hmm?

I don't know, is there any reason

it couldn't just be Benny himself?

If that doctor is right, and Benny's just gonna be

lying around the hospital for a couple of weeks,

Chunk could text him, call him, e-mail him.

With the court's permission, I'd like to take over

for my colleague Benjamin Colón, who had a medical emergency

yesterday and will be hospitalized

for the next few weeks.

I have fully informed Ms. Cahill of my status

as a third-year law student and she's consented

to my representation.

This is my application to the court

to appear as a student intern

under Section 314.

And that is a letter from Benjamin Colón,

a member in good standing of the Connecticut Bar for over

20 years, saying that he would supervise me throughout trial.

Section 314 specifically states

that the supervising attorney must be present in court.

How's that gonna work

if Mr. Colón's in the hospital?

Well, I'd make it my business to check in with him regularly.

And Dr. Bull,

who's overseen hundreds of trials,

will be present in court every day.

Every minute, Your Honor.

BARRETT: With all due respect,

Your Honor, Dr. Bull isn't a lawyer.

And allowing a law student to sit first chair

at a murder trial without a licensed attorney present

practically guarantees a successful

"ineffective assistance of counsel" appeal.

CHUNK: I don't know if you've noticed, Your Honor,

but I'm not your typical 20-something law student.

I've had quite a few years of life experience

under my belt before I started law school.

That experience included working on more murder trials

at TAC than most attorneys handle in their lifetime.

And once I started law school,

I first chaired a number of complicated criminal trials

for our legal aid clinic.

BARRETT: Your Honor, the rule

is very clear...

The rule is in place to protect

the client's best interests.

Well, I fail to see how Ms. Cahill's best interests

are being protected by a mistrial.

Ms. Cahill has been

in custody during trial.

A mistrial would simply prolong the incarceration

of an innocent woman, until God knows

when we can get ourselves back on the trial calendar.

I'm sure Your Honor can make room on her calendar.

Furthermore,

if a defendant can represent themselves pro se in court,

shouldn't they be allowed to choose a representative,

who is much more qualified than themselves to... WALLACE: All right.

All right.

You're obviously able to craft

a very persuasive legal argument.

I'm granting a special dispensation

that allows you to step in.

But I better not come to regret this decision,

or youwill come to regret this decision.

Are we clear, Mr. Palmer?

We are, Your Honor.

Thank you, Your Honor.

Well, the good news is

your temperature is coming down.

And your blood pressure is getting close to normal.

Ah, that's great.

Um... do you think there's any chance

I might get discharged early?

I-I'm in the middle of a very important trial...

First of all, that's a doctor question.

Second of all, nobody said anything

about anybody getting discharged.

Your body still needs plenty of rest.

Okay.

Well, you are very persuasive.

You win.

Rest it is.Mm-hmm.

You say so.

[door closes]

Benny, how you feeling?

Oof. I'm a little sore, but...

all my major parts seem to be working.

So, how-how's the trial going?

Was there a witness on the stand? Who-who is it?

How is Chunk doing? Is he doing okay?

The medical examiner's on the stand and it's going fine.

Don't start getting stressed out over this.

You are supposed to be recuperating.

Hey.

I'm also supposed to be supervising Chunk.

I sent a letter to the judge saying

that I am personally responsible for his work.

And I'm sure that Chunk will check in with you

as soon as he can, but until he is on a recess,

you should rest.

BAILIFF: Court is adjourned

for a ten-minute recess.

Bull?

Sorry to intrude.

Well, intrude away.

Well, uh, I found a something

that may be a nothing.

But a something that's a nothing is better

than the absolutely nothing we already have.

You got that right.

And this something that may be a nothing?

Well, I spoke with a dog walker who was working

in the neighborhood that morning and she says

she saw a man running down Cahill's street

around the time of his death.

Could be our killer.

Or it could be a guy out for a jog.

Does he at least fit the description of the man

who came to Vivian's home?

Or does he perhaps look like Asher Ray?

Well, it was cold,

and he was wearing a coat with a hood.

So she didn't get a very good look at his face,

but she is prepared to testify that he was

a big guy with dark hair

in the right place at the right time.

Big guy, dark hair. Right place, right time,

walking down the street.

So that's definitely a nothing.

I said a nothing that may be a something.

That's a distinction without a difference.

DANNY: You say tomato, I say a place to start.

She claims he was wearing a blue parka

with a red stripe down each arm.

I'm gonna go through all the security footage

Taylor can hack into within a quarter mile of the house,

see if I can find him and perhaps get a look at his face,

or his car, something. Okay, uh,

question from the peanut gallery.

This witness... Did she happen to mention

whether or not she'd spoken to the police?

No. They never questioned her.

Although I can't fault them.

Bull's not wrong.

All of this is really the very definition of a long shot.

Yeah, maybe it is, maybe it isn't.

Detective Jacobson, during your investigation,

did you have an opportunity to speak

to someone named Jami Schaefer?

Not that I recall.

Well, let me jog your memory.

She's a dog walker who was working

in Terrence Cahill's neighborhood

the morning of the murder.

Does that ring a bell? No.

I'm sorry, I don't recall any dog walker

or anyone with that name.

Really?

Well, she was in the area.

If there was something or someone to see,

she might well have seen it.

An investigative lapse

like this makes me wonder how many other

potential witnesses you missed.Objection.

Is counselor gonna ask a question

or just posture for the jury?

My apologies, Your Honor.

I'm-I'm just trying to understand how the detective can

be so certain that he's arrested the right person when he didn't

speak to all of the potential witnesses.

Your Honor, he's still doing it.

Not to mention citing facts not in evidence

and events for which there is no foundation.

Our little Chunk playing dirty. Makes me so proud.

Objection sustained. We know you're new at this,

Counselor, but you're supposed to ask the questions

and he's supposed to make the statements.

So ask a question.

Will do, Your Honor.

Detective Jacobson, would it surprise you to learn

that Ms. Schaefer said that she saw a man

running down the street, away from

the Cahill house around the time of his death?

Yeah, that is certainly new information.

And would it surprise you to learn that the witness

described this man as big and dark-haired?

Just like Asher Ray, the man who threatened

Vivian Cahill?

With all due respect,

many men are big and dark-haired,

and millions of them were walking around

when Mr. Cahill died.

Some of them in his very neighborhood,

but that doesn't change my point of view about this crime

and who I believe committed it.

But in light of this new information,

will you at least concede the possibility

that Asher Ray killed Terrence Cahill

so that my client could come into her inheritance

and therefore have the money to pay him back?

No, I would not.

Huh. What's this detective so smug about?

What does he know that we don't know?

Don't step in it, Chunk.

So a man matching Asher Ray's description

is seen near the crime scene around the time of his death

and you won't concede that it's possible

that he's the killer?

That's what I said. In fact I'll go so far to say

that it's impossible for Asher Ray to be the killer.

Really? Impossible?

How is that?

Because Asher Ray died

two days before Terrence Cahill was murdered.

[gallery murmuring]His body was fished out of the Hudson day before yesterday

when a trawler was breaking up ice on the water.

The coroner said he'd been dead at least 72 hours at that point,

so I can assure you that Asher Ray couldn't have killed him

unless his ghost rose up out of the water and did it.

Wow, Chunk, that's gonna be tough to get off your shoes.

BENNY: Asher Ray's dead?

How did we not know he was dead?

I'm guessing the A.D.A. asked the medical examiner

to hold off on signing Ray's death certificate.

She knew we were gonna use Ray to create reasonable doubt

and she wanted to discredit us in court.

It's pretty smart, actually.

Yeah, and now our best alternative suspect is gone.

The prosecution has rested, we're up,

and all Chunk has to work with

is a man in a parka who could have been out jogging.

[chuckles softly]

I don't mean to be rude,

but how can any of this make you happy?

[chuckles] I'm not crazy.

I-I mean, I know that this is bad for us, but...

I guess I'm just relieved.

Ray didn't kill my father.

It means

I'm not responsible for his death.

There it is.

When one door closes, another one opens.

BULL: What do you mean?

With your permission, I want to put you on the stand.

I want the jury to see exactly what you just showed us.

You loved your father.

And the very thought that you might have caused him harm

very nearly brought you to tears.

Forget about you actually having killed him yourself.

Yeah, I think you might be on to something there, Chunk.

What do you think?

CHUNK: Ms. Cahill,

over the years, did you have the occasion

to ask your father for money when you got in trouble?

Oh, yes. A number of times.

And he helped

dig me out of some pretty big holes.

What about this last time?

Did you ask your father for money

to help pay back Asher Ray?

Of course.

But this time he said no.

He said that he was done bailing me out,

that before he died

he needed to teach me to stand on my own.

And were you angry when he refused to help you?

No.

Not really.

He was right.

And I knew he was right.

I was scared, but I wasn't mad at him.

I was mad at myself.

Mad for asking a sick, old man

to help me out.

Again.

Now, we've heard testimony that your father

was verbally abusive towards you.

Would you say that's a fair statement?

Yeah, well,

my dad said some pretty awful things to me.

So if he was so awful to you,

why did you move home to help care for him

after his stroke?

Because he was my dad.

[gallery murmuring]

Tell me we flipped somebody.

I wish I could.

[sighs] Well, if we lose this,

it won't be Chunk's fault.

The guy is good.

He's no Benny yet, but... the guy's good.

You there, Benny? BENNY [over phone]: I'm here.

Dressed in my finest jammies,

anxious to hear the latest.

So let's talk about parka guy.

Oh, I like it. He's got a name.

Okay, so parka guy was caught on camera

buying a carton of cigarettes in a convenience store

about a block away from the Cahill home,

20 minutes before the murder.

I sweet-talked the store manager,

and he pulled the day's credit and debit card receipts

and I was able to get a name. Daniel Zabinski.

18. Lives in Queens.

That'd be him. Uh, goes to high school in Queens,

works in a coffee shop in Queens.

So I guess we're safe to assume he didn't just go for a jog

in Greenwich, which is at least an hour and 20 away

via public transit. DANNY: Exactly.

The problem is I haven't been able to find any connection

between this Zabinski kid and Terrence Cahill.

Zabinski. Zabinski.

Something about that name... Yes.

Celeste Zabinski.

Who's Celeste Zabinski?

Celeste Zabinski is a 42-year-old woman who,

up until she was terminated seven months ago,

worked for Vivian's father,

Terrence Cahill. BENNY: Ah.

The plot thickens.

TAYLOR: When we found out Ray was dead

I started looking into possible disgruntled employees

who worked at Terrence's accounting firm.

And do you, perchance, have an address for this Celeste?

Same as Daniel's.

So I'm guessing she's his mother. TAYLOR: Oops.

Turns out they got evicted last month.

That's not an oops. I can run with that.

Maybe Daniel killed Terrence because he fired his mother

and they wound up on the street.

Well, are we sure Terrence was even around

when this Zabinski woman was fired?

He hasn't been running the firm since he had his stroke.

TAYLOR: Well, according to my research, she was fired

seven months ago and Terrence didn't even have

his first stroke until six months ago. So, yeah,

it seems fairly certain that Terrence

was around when they pulled the trigger on Celeste.

But, again, to me, the really telling thing is that

Celeste and her son got evicted

just a couple of days before the murder.

And here's another tidbit worth sharing:

according to his search history,

Daniel started googling Terrence around that same time.

Any chance you obtained

that search history in a legal manner?

I plead the Fifth.

So none of this is admissible in court?

We'll find a way to get it in.

The point is we suddenly have another credible suspect

and a very credible motive.

Nice work, you two.

We might actually be back in the game.

Speaking of which,

there's a shot I might be out of here

by the end of the day tomorrow.

If you think it might be helpful for me to step in,

maybe put together a closing argument.

Hey, that's great to hear, Benny.

Let us know when and if that happens.

In the meantime, we are due back in court

tomorrow right after lunch.

Danny, Taylor,

you guys continue to drill down on this tomorrow morning.

Of course. Will do.

Nice work, everybody.

Talk tomorrow, Benny. I got to get home to the girls.

[hangs up]Now let's get out of here.

Good morning. From your lips.

Can I ask you a question? The answer's no.

But you haven't heard my question yet.

What, you want to know if I'm gonna yank you off the case

and let Benny finish it up? And?

And, as I said, as of now, the answer's no.

Thanks. I appreciate it. Well, I'm not doing it for you.

I have a professional responsibility

to do what's best for my client,

and right now what's best is you.

You know more,

and you have a deeper understanding than Benny.

Plus...

you have more to lose if we don't prevail, and...

more to gain if we do.

And if any of that should change...

It won't.

Excellent.

We have a problem.

What? With our new suspect?

Our new motive?

Kinda sorta both.

Celeste Zabinski, Daniel Zabinski's mother...

She was never fired from Terrence Cahill's firm.

What, she quit?

No, it's worse than that.

She never actually worked

at Terrence Cahill's accounting firm.

Yesterday you told us she was on the payroll for 18 years.

She was on the payroll.

But this morning I found out

that nobody at that firm has ever heard of her.

Not Terrence's number two,

who's been running it since his stroke.

Not the head of HR. No one.

The woman is a ghost.

Celeste was on the payroll for 18 years?

And how old is her son, our suspect, Daniel?

[chuckles softly] 18 years old.

Hmm.

And no one finds that interesting?

Have you ever heard of Celeste Zabinski?

VIVIAN: No. Never.

Who is she?

What about Daniel Zabinski?

No. Sorry, who are these people

and what do they have to do with me?

The short version is we think we may have found

the person who killed your father.

Which one?

The man or the woman?

And... why would one of them want to kill my dad?

We're talking about Daniel.

And I...

strongly suspect that your father, Terrence...

was his father, too.

This is Daniel.

Oh, my God.

Yeah, he looks just like my dad at that age.

One of my investigators discovered

that your father had been paying Daniel's mother

through his company for the last 18 years,

and those payments stopped

on Daniel's 18th birthday.

Of course, we don't have any definitive proof

that Terrence is Daniel's father.

There's no father listed on Daniel's birth certificate.

We were hoping maybe there was something

you could remember that could help us.

Uh, I-I don't know.

I just... [sighs] I can't believe this.

You said he was 18?

Mm.

I do remember my parents

going through a really rough patch.

I was about 14, I think.

That would have been about 18 years ago.

They were fighting all the time.

They even stopped sleeping in the same bed.

Maybe my mom found out.

I guess we'll never know.

You were never aware of him disappearing,

maybe to go spend some time with Daniel?

Or... Daniel's mother?

No.

I truly doubt my dad was in this kid's life

beyond paying his mom.

And if he was, I certainly wasn't aware of it.

I guess we could subpoena Daniel, make him testify.

But everything that we have on him is circumstantial.

Where did Danny say he works?

Coffee shop in Queens. Why, what are you thinking?

I'm thinking maybe Danny should go get herself a cappuccino

and we should ask the judge for a two-day continuance.

[car door opens]

[sighs]

No Benny?

No. He's home.

But, uh, he's not feeling 100%.

Besides, I think he knows you got this.

He did want me to give you a message, though.

He wanted me to tell you

don't make the mistake of crucifying this witness.

You show some compassion,

you might just get some back.

Got it.

Your Honor, the defense calls

Daniel Zabinski to the stand.

Mr. Zabinski... this security video footage

was taken January 17 at 8:43 a.m.

in a Greenwich, Connecticut, convenience store

20 minutes before Terrence Cahill was killed

a few blocks away.

That's you.

Isn't it, Mr. Zabinski?

Buying cigarettes?

Before you answer, you should know

that we have your signature

on the debit card transaction record

that you signed when you purchased.

Okay.

Okay?

Does okay mean yes or does okay mean no?

Okay, yes, I guess that's me.

And can you tell the jury where you live?

With my mother at my aunt's apartment

in Forest Hills. Queens.

And do you know how far Greenwich, Connecticut, is

from where you live?

You mean in miles? No.

Well, I mean, can you give the jury an idea

of how long it took you to get from place to another?

I don't know.

Hour, 15, hour and a half.

I'd subway to Grand Central, train to Greenwich.

And what brought you to Greenwich that day?

A job interview.

Really? A job interview?

That's very helpful.

Well, can you tell us the name

of the company and the person that you interviewed with?

Let me remind you

one more time that you're under oath.

Daniel, have you ever been in court before?

No.

Okay.

Do you know what perjury is?

It's when you say something in court

that isn't true.

Do you know what happens to a person who commits perjury?

They go to jail.

So... now that you know the rules,

why don't we start over again.

What brought you to Greenwich that day?

I needed to speak to someone.

And was that someone your father?

I don't know.

He might have been.

My mother told me he was.

And was that man's name Terrence Cahill?

Yes.

[gallery murmuring]

You seeing any action yet?

MARISSA: Not yet. Well, don't touch that dial.

Now I've got another video to show you.

This was taken the night before last

at the coffee shop that you work at.

That's you right there, isn't it, Daniel?

Yes.

Would it surprise you to learn that your fingerprints,

which were recovered from that coffee mug,

matched the partial fingerprints which were recovered

from the fireplace poker

used to kill Terrence Cahill?

[gallery murmuring]

Why don't you tell the jury what really happened, Daniel.

I just wanted to talk to him.

I just wanted to ask him to give my mom a little bit more money.

She told me he'd been giving us money for years

but all of a sudden he stopped.

She told me where he lived, so I just... went there.

And when I saw the house...

I mean, it's this... big... house.

Anyway, I rang the bell, but no one answered.

So then I just went around back.

And there he was.

Just sitting there.

So I just asked him.

Asked him if he cared about me.

About my mom.

Mostly about her, because she struggles.

She cries a lot.

Spends the day in bed smoking cigarettes.

She's got bad depression.

But a lot of the time she has to take her meds.

Either she forgets or we can't afford them.

I just went there to speak to him.

I didn't want anything else from him.

I didn't want him to be my dad or anything.

And did he give you any money?

Did he say he would give you or your mom some money?

No.

And is that why you hit him with that fireplace poker?

He said something, right?

We've heard he can be a very,

very cruel man.

He said my mom was a lazy freeloader.

He said she was a crazy whore.

Said I was nothing but her bastard child,

and if I didn't leave he would call the police

and put me away for life.

So you grabbed the fireplace poker?

No. He did.

He swung it at me, but he wasn't very strong,

so I just snatched it away from him.

And then he started calling my mother and me

every name in the book.

Cursing, screaming.

So I hit him.

Just once.

Then I just ran away.

I have no more questions for this witness.

Nice work, Mr. Palmer.

Thank you, thank you, Mr. Colón.

Make no mistake,

your words of wisdom this morning really helped.

What words of wisdom?

Yes, indeed.

Witness stand confession in your first murder trial.

That's gonna be tough to top.

Ha. I'm just getting started. What's my next case, boss?

Next case? Slow down there, Perry Mason.

I only came into this life with one appendix,

and it's gone now.

Back to the bullpen.

I don't know. You sound congested.

Doesn't he sound congested to you?

Captioning sponsored by CBS.

Captioned by Media Access Group at WGBH access.wgbh.org