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Previously on "All Rise"...
I'm running for State Attorney General.
If you would look
into Judge Benner's time at Slefinger & Feste.
I was hoping you could talk to me about the Cuprillon case.
Six months after we settled,
an anonymous source leaked internal docs--
proof that Cuprillon knew it was poisoning its workers
and did nothing to stop it.
- Have you met my son Ben? - Your name is Ben Benner.
I hope she doesn't get too comfortable up there
because it's not gonna last.
Palmer is leading a renegade charge from the D.A.'s office
claiming that you are judicially biased towards your defendants.
There was one thing we weren't able to address--
Travis Bolson.What about him?
- He died. - Yes, he did.
I love you.
♪♪♪
Okay, the only weird thing--
Judge Benner still doesn't know.
Ben Benner hasn't told her yet, which, I mean, thank God.
I'm gonna need a strategy to deal
with that little piece of awkwardness.Ben Benner?
I know, I know. I'm calling him that now, too.
Weird to think Judge Benner could soon be
dropping off muffins
or whatever your boyfriend's mother does.
You have been on two dates.
Both of which I will remind you went spectacularly well.
Oh, I know. I heard.
- Sorry. - [ laughs ]
No, it's okay. It's just, I--I'm...
I'm not sleeping again.
It's 'cause of what Luke said. That's why you're not sleeping.
Those three gigantic words.[ cellphone rings ]
And there he is.
You're avoiding him.Of course I'm avoiding him, Sara.
[ cellphone chimes ]I am freaking out. I wanna run as fast as possible.
What is wrong with me?Oh, this is gonna be good news.
What is it?
Uh, lawyer got a pummeling from Judge Campbell,
and now he wants transcripts.
- Hunting an appeal. - Never gonna happen.
But I will take his cash.[ cellphone bloops ]
- Boom. - You know what?
- I'm not gonna rush it. - Exactly. Don't rush it.
I mean, I have to catch up on my casework.
That is where my head needs to be--my work.
I don't have time to consider whatever--
whether I'm feeling-- which apparently I probably--
You know what? I'm not gonna think about it.
I'm not thinking about it.
♪♪♪
Location check. I need to know you're en route
or parking or preferably in the elevator right now.
We're at T-minus 30 minutes.
30 minutes to go time, Your Honor.
- Oh. - Carmichael in yet?
Judge Benner, good morning. No.
She's going to give me her findings when she gets in.
Oh, opposition research.
Attorney General. Exciting times.
Full report, which I suspect you could also give me,
but I'd prefer to get it from the horse's mouth.
I will tell her you are waiting and eager.
Well, I wouldn't say I'm eager.
I just wouldn't think it would take this long.
[ clears throat ]
And here you are! That was predictable.
Lisa, lovely morning. Don't drink that.
Oh. Thank you.
So, any skeletons in my closet?
You have had, I must say,
all in all an exemplary career.
Which is why I would make an awesome Attorney General.
I have the experience, the vision.
There's just one thing we need to--
Cuprillon Industries.
Your first gig. Private practice.
A client with a workplace that poisoned its workers.
Your firm withheld key documents. A memo.
- A memo. - Yes.
Which showed Cuprillon knew about the toxicity
and failed to act.
Because you withheld the documents,
payouts were lower, and workers got screwed.
So it was two of the senior partners,
and when it came out, they were disbarred.
It's all on the public record.
The other seven of us on the team had no clue
what was going on.You didn't know?
I had no idea the memo existed.
None of us did, not until later.
Lisa, when it comes out, and it almost certainly will,
I'm not sure anyone will believe that.
[ scoffs ] Well, let's start with you.
With me?
Do you believe me?
♪♪♪
Sam! I need the LAPD thing on the thing. I need it printed.
I think he's talking to you.
He's not talking. He's yelling.
Did you change your name in the last 10 minutes?
I should go print out the thing on the thing.
I wasn't yelling. I was employing volume.
Right.Callan, how's it going with Teflon Mitch?
- Heard you were tanking it. - I'm not tanking it.
Our case went extremely well, did it not, Sam?
Mm-hmm, sure.So he hasn't taken the stand yet.
It's over. Soon as he does, you're done. I've been there.
Yeah, me, too. Juries love him.
Nothing sticks to this guy ever.
His lawyer's almost done presenting her case.
He won't testify.Oh, yes, he will.
The man will take the stand.
- Teflon Mitch? - Choi.
Be ready to cut a deal.
Hey, I can handle Teflon Mitch.
Let's get our things together.
Did you see how quietly I said that?
Yet I heard every word.
So you're my guy today. Let's go. I need coffee.
Your guy? Really?You're gonna listen, and you're gonna learn--
a crash course in real lawyering.
Disregard everything you learned in law school.
I am your education.
You know everything that happens in this courthouse.
I don't. At every moment, on every floor.
Half the time, you know what I'm thinking before I even think it.
Say it, Carmichael. That's why we're here.
You were a junior associate reviewing documents.
Wouldn't you be the first person to know?
Because if you did know
and if you stood by while those workers...
Then I think you might be in trouble.
[ sighs ]
What if I didn't stand by?
Meaning?
What if, when I found out what was going on
and I couldn't sleep at night,
what if, late one night, 3 a.m.,
what if I went into the office
and made copies?
It was you? You leaked the memo?
I couldn't sleep. [ sighs ]
I had to do something.
♪♪♪
I've got literally two minutes.
How's Teflon Mitch going?
- It's going badly. - Has he testified yet?
Why does everyone want--You are doomed, Mark. Admit it.
Okay, what is it about liars and con men
that everyone finds so charming, they give 'em a pass?Whoa, slow down.
Anyway, what did you want to...
You're doing that thing with your jaw. What's wrong?
Wait. What? There's no jaw thing.
- Lola. - It's Judge Benner.
- Your opposition research? - Yeah. Kinda didn't go great.
What did I tell you? I told you it would
bite you in the ass.Bite me in the ass.
- What'd you find? - A big ol' ethical violation.
- How big? - I don't know, like big enough
to get her thrown off the bench. That kind of big.
I cannot tell you what it is.
But she did it for the right reasons,
but it won't matter because...
[ exhales deeply ] she cannot run for Attorney General.
Have you told her that yet?
Hell, no. It's bad, Mark.
Whatever it is, she's not going to withdraw.
You'll just make an enemy of her,
and you'll end up paying the price.
Hey, I mean it, Lo.
You need to get out of this now.
Captioned by Los Angeles Distribution and Broadcasting, Inc.
♪♪♪
Sorry. Thanks.
Andy, what's going on?
I just got a semi-hysterical text from Carol.
- Uh... - Emily, there you are. Good.
I'm in crisis mode right now. I have a situation with Barry.
Whoa! Are you okay?
- Yeah, I'm--I'm fine. - Okay.
Sorry. Watch your step.
Barry's taking-- well, he suddenly announced
he's taking sudden retirement.
- When? - Today.
- No. - Yes, my most senior deputy.
On the phone with him right now.
He's literally weeping.
It's okay. I have him on mute. Here. Can you...
Um...I need to redistribute his entire caseload.
He has four matters on calendar today.
We'll split them between us.Careful. Sorry. Watch your step.
Meet me in 802 in 10 minutes.
Okay, honey, I know. Uh-huh.
But I have an office day![ door closes ]
[ whimpers ]
Her name is Patrice. 30s, probably drunk.
I can't read Barry's writing. Is that a 7?
Um...Patrice. Patrice? Are you Patrice?
- Sure. - Carol. I'm the new Barry.
Whew. You smell like gin, my dear.
Let's get you some mouth spray. Here we go.
This file is a total disaster.
Your client isn't the victim.
This is what rookies don't understand,
and it isn't the D.A.
or God knows whatever random judge
they happen to assign to you because you're not--
Sorry. I'm sorry. I'll catch up. Two minutes.
- I'll give you one. - Hey, Em.
"Menial hearse coupe." What does that even mean?
- I take them back. - What?
Those three unfortunate words-- let's just say
they never happened so that maybe
you could stop avoiding me now?
Metal--Metal head-- Oh! Mental health court.
Oh, this will be a first.
Luke, I need--I'm supposed to be downstairs, like, now.
I thought you didn't have court today.
Barry decided to retire, like, today. Total nightmare.
Barry? Really?Let's talk about them later, okay?
The three--The words-- The three little words, okay?
I promise!
Judge: All right, counsel,
I'll be looking for updates on her progress.
You tell her that I have big plans for her.
- She loves you, Your Honor. - [ chuckles ]
I mean, she goes mad.
She better not.
She needs to buckle down and get better.
- Rae Lynn Wiggins? - Yes.
Hi. I'm Emily Lopez. I'm filling in for Barry today.
Hi. Oh, you look like a nice lawyer.
Oh. Thank you.
Okay, let's move on. The People vs. Rae Lynn Wiggins.
Emily Lopez, Your Honor, for Ms. Wiggins.
Ms. Lopez, your first time here. You may join the circle.
And there's Rae Lynn. It's so nice to see you again.
Hi, Your Honor.
Uh...Ms. Wiggins has
a proof of progress report
from her mental health treatment program.
Sure, sure. Give it to Marcy.
Rae Lynn, talk to me. How are you doing?
Thanks. I...
completed the program.
You did? Oh, well done, everybody.
[ applause ]
That's so great.
Come here, sweetie.
They said I did really well.
[ gasps ] Oh.
I'm very proud of you.
Keep going, okay?
Good job, good job.
Transcription?
Uh-huh, from one of scary Judge Campbell's cases
that's getting appealed. They're actually--
No! From the deli! Pastrami on rye
from the fatty end with the special mustard.
- Man: Yes, Judge Campbell. - Thank you.
Something wrong?
With the transcript? - Huh?
No, nothing.
♪♪♪
[ laughter ]
Right? Right? So look, I'm trying to be an actor.
But honestly, I'm so terrible, guys.
- Jury: Aw. - No, no, no. I am.
The point is, I had an audition
to be a giant banana in a pudding commercial.
This is a true story. - And this was at what time?
This is 8 p.m., although I was supposed to be done at 6,
but they were behind, like, hours,
and I had a date at 8:30.
Objection, Your Honor. Relevance.
Uh, overruled. I want to hear how this ends.
First date--I don't have time to go home and change,
and I am head to toe banana yellow.
[ laughter ]But then I get there...
This is what they were talking about, right here.
No kidding.She's in full yellow, like it was in the stars.
Needless to say, we--we stood out.
[ laughter ]Nothing further, Your Honor.
Mr. Callan, your witness.
Mr. Sanderly, is it not true
that you were caught selling on eBay,
a necklace stolen from the victim's house?
I found that in a flea market. I had no idea it was stolen.
And the security video from the house?
People's exhibit 3, which we all watched.
Did it not show a man with the exact same build as you?
Some other guy with the same build.
I was at Indigo Tavern in full yellow.
You couldn't miss me.
And then my date lasted till 9 a.m. the next morning
despite the banana,
or maybe because of it. I don't know.
[ laughter ]I'm sorry. Which restaurant?
Indigo Tavern. Little hole in the wall
in Koreatown, strip mall.
It's one of the best secrets in all of L.A.
I've been going there literally for 15 years.
Mr. Callan, hello!
Yeah, uh, yes.
Your Honor, may I approach the bench?
I apologize for the late notice.
I just remembered something important.
A doctor's appointment...
in Santa Monica.
Any chance we could, uh...
Recess. Back tomorrow.
♪♪♪
All right, so eight years ago,
I'm working second chair on a murder trial.
Big house up in Laurel Canyon.
Two brothers who live together.
One of the brothers, Douglas,
was convicted of killing the other brother Troy.
However, Douglas always maintained his innocence.
What does this have to do with Teflon Mitch?
I'm trying to tell you. Douglas claimed
that an intruder killed his brother,
that Troy heard someone in the house,
went downstairs with--
he kept a gun in his bedside table.
Here it is. As second chair, it was my job
to keep track of the evidence,
some of which we didn't end up using.
Can you guess why?'Cause it didn't fit your narrative.
Somebody had been smoking cigarettes in the backyard.
We assumed it was one of the brothers,
but it could've been--The intruder casing the place.
That's the restaurant that...
So what, you're saying
that Troy was murdered by Teflon Mitch?
I'm not saying anything.
But Mitch has been breaking into houses at least that long.
He would make that kind of a mistake?
Dropping the matchbook?I don't know. Eight years ago, maybe.
So Troy heard Mitch
and came downstairs with the gun.
- Struggled for the weapon. - And Troy ended up dead.
Which means the wrong guy is in prison.
I'm not saying that yet.
I'm saying that we need to follow up.
Homicide detective's name was Parilla. Call him.
We're gonna need some photos.
♪♪♪
Sorry I'm late. Just getting up to speed
on some of Barry's cases.
We're gonna start from scratch.
Talk me through the incident, Tommy.
It was a bar fight?
If that's what you call hitting a guy over the head
with a half-filled bottle of bourbon,
sending him to the hospital.
This guy?
Oh, God.
Man, that's--ahem-- Hadn't seen that.
That's brutal.
You lost your temper, Tommy?
He was drunk, harassing a waitress.
It's not an excuse.
22 stitches. Concussion. No permanent damage.
You've got two prior assaults on your record,
both misdemeanors, but this is a felony.
That means a first strike, Tommy.
Four years in jail.Yeah, I know.
You're ex-military.
1st Battalion. 6th Marines. Afghanistan.
You were in combat?
No steady job. Keep getting in bar fights?
When I drink.
I should drink less. A lot less.
Tommy, is it possible
that you're having a hard time
dealing with... with your time in combat?
Is that why this keeps happening?
I'm asking, Tommy, if it's possible
that you have post-traumatic stress disorder.
I mean, probably.
The V.A. thinks I do.
They gave you a diagnosis?
[ scribbling ]
Did they give you any treatment? Medication?
Honestly, I've just--
[ exhales ] I'm trying to move on with my life.
- For the last six years? - Yeah.
How's that working out for you?
Barry was gonna plead you out.
I have a better idea.
♪♪♪
Keep an eye on the judge, the defendant.
Body language, facial expressions.
If you have a thought, write it down.
I don't like to be interrupted.
First time in Judge Carmichael's courtroom
since you tried to get her fired. Are you worried?
Why do you think you're here? She loves you.
That's our victim. Stay here.
Hey.
Great. You're here.
I just have some final questions.
What are you doing here?
You were supposed to be Barry.
[ door opens ]All rise.
Department 61 of L.A. Superior Court
is now in session.
Judge Lola Carmichael presiding.
You may be seated.
Uh, Mr. Watkins, welcome to the show.
Thank you, Your Honor.
New uniform looks good on you.
People vs. Thomas Farrell. Counsel, your appearances.
Emily Lopez on his behalf.
Deputy District Attorney Margaret Palmer for the People.
Your Honor, I'm asking to have my client evaluated
for Mental Health Court at the next available date.
My client is a decorated combat veteran
who is suffering from PTSD.
His actions are a symptom of--
Your Honor, the defendant attacked a man.
He needs treatment, not further custody.
He has two priors. He's escalating.
Your Honor, how many times do we have
ex-military defendants standing before us?
This is our chance to address that.
I'd like to speak to your client directly, Ms. Lopez.
Are you good with that?Of course, Your Honor.
[ whispers ] Stand up.
Mr. Farrell, your attorney has stated
that you have a PTSD diagnosis?
Uh, yeah.
Yes, Your Honor.
As a result of your time in the military?
Can you tell me a little bit about that?
Helmand Province,
outside of a town called Sangin.
The, uh...
[ voice breaking ] The APC I was riding in
hit a roadside bomb, flipped over.
There...[ sniffles ]
There were eight men. [ sobs ]
There were eight men in the back.
And...we were trapped inside.
It took 'em two hours to dig us out.
I was the only one left alive.
I...
I...
Thank you,
Mr. Farrell,
and thank you for your service.
Mm-hmm.
Counsel, I'm going to look into this.
Recess.
[ whispers ]
♪♪♪
His name is Tommy Farrell, ex-military
with combat-related PTSD.
I think he's a candidate for Mental Health Court.
Long as he doesn't mind waiting three months.
I'm overwhelmed. Look at this.
My husband made this salad. It comes with a manual.
This guy's in custody with no treatment.
He can't wait three months.
- Do I owe you any favors? - No.
Then don't bother asking to jump the queue.
Honest to God, all I want is a grilled cheese.
Carmichael.
We have a conversation to finish.
[ sighs ]
Yes, I was a young, ambitious lawyer,
and I had a strong suspicion
that something hinky was going on,
and I chose not to look any closer.
I turned a blind eye at first until I didn't,
until I chose to fix it, which is the point.Fix it?
I leaked the memo.You waited almost a year.
And Cuprillon Industries went bankrupt.
The two senior parents responsible lost their jobs.
I did the right thing, Lola.
Here's what your opponent is going to say.
Too little, too late.
While the lungs of the workers
were being destroyed, you were fixing the game,
suppressing a key memo.
- I told you-- - Then to ease your conscience,
you leaked the memo--
a massive ethical violation.
You breached your fiduciary duty to your client.
You violated a sacred trust
that the entire legal system is built on.
Surely this is not who we need as Attorney General.
Is that my opponent talking? Or you?
[ door closes ]Mark: Back away like I told you?
Can you tell me about it yet? - Nope, never gonna tell you.
And believe me, you don't want to know.
So it's getting worse.
This whole Teflon Mitch thing--
you need to be careful, Mark.
And she changes the subject.
Wrongful convictions are a big deal.
What did Choi say?
You haven't told him yet.
Lola, if I'm even in part responsible,
You want to try and fix it yourself.
You would feel exactly the same way.
No! No, no, no. The D.A. office
has an entire unit-- the Conviction Review Unit.
They'll take forever.
Meanwhile, this guy is sitting in prison.
But he will get out, Mark, thanks to you.
I can get it done quicker.
Wrongful convictions are messy. They can get ugly.
The Conviction Review Unit is good,
and you need to protect yourself.
- So do you, from Benner. - I'm serious, Mark.
You were one of the lawyers responsible.
Report it and back away.
Last month, I filled in a couple days
for Campbell's court. - I remember.
This morning, I'm typing up the transcript--
Oh, wow. Look at this.
Oh, that's Tommy?
Before the thing-- that incident.
He looks so young.
Because there's no blood or missing limbs,
he doesn't see what happened to him as an injury.
I have cousins in the military.
Me, too. I have, like, three different cousins.
Tommy's a victim. His crimes are symptoms,
not a... He's not a criminal.
Anyway, the transcript-- did you find something?
Charge to the jury. He skipped over an entire--
- Carol: I'm gonna strangle him. - Carol!
Then I'm gonna dismember him with my bare hands.
I need a psychiatrist.
You and me both, sister.
No, my A.D.--
Barry's A.D.W. I think he might actually--
Uh, use Dr. Debbie. She's really quite something.
Sorry. Campbell skipped over the--
Uh, I'm getting called back into court.
[ cellphone buzzes ]Me, too.
I've looked into the options,
and Mental Health Court is not going to work.
- There's a three-month wait. - Your Honor--
However, I am prepared to entertain
a defense motion for mental health diversion
under P.C. 1001.36, right here in 802.
Here? Now? Your Honor, that's not--
You were saying, counsel?
Nope. Nothing.
- Good. How long do you need-- - It's just normally
anything involving violence isn't diverted,
given the public safety concerns.
Normally, yes. This time, no.
Ms. Lopez, how long do you need to get your client evaluated
and prepare a motion?
♪♪♪
Man on P.A.: [ indistinct ]
[ door buzzes and opens ]
[ door buzzes ]
Mr. Wardle, Mark Callan.
I'm D.D.A., Los Angeles County.
This is Samantha Powell, Sergeant Krill.
Guess it didn't work.
- I'm sorry? - Eight years praying
something heavy would fall on your head
and crush you to death.
- So you remember me, then. - Why don't we sit down?
Why don't you get to the point?
I've...been rereading your file.
- Really? - At trial, you claimed
you woke up when you heard a struggle downstairs--
voices shouting, a gunshot. You went downstairs,
found your brother bleeding on the floor,
and a man running out the front door.
At the time, you said you got a clean look
at the intruder's face. It's eight years later.
Think you'd still recognize that man?
Take your time.
You're sure?
That's the man that killed my brother.
♪♪♪
He didn't hesitate for a second.
- Went right to Teflon Mitch. - You showed him a six-pack?
It's enough to charge him right now.
Once we charge him, we collect his DNA.
Did you bring the-- - There was DNA at the scene,
on the victim's body that never matched to anyone.
We assumed it wasn't connected,
but if it's a match for Teflon Mitch--
Callan, I get it.
If you put an innocent guy in prison, that's upsetting.
You know what I'm gonna say. - Thomas, I--
Follow protocol. Write a transfer memo.
Pass it on to the Conviction Review Unit.
The CRU will take forever.It could take how long it'll take.
You have opened up a giant freaking can of worms here.
Every day that he sits in prison is--I agree.
But we need to do this by the book.
Pass it on to the CRU.
You want me to take a first pass on the memo?
You should work on something else.
Why?
Because we're not doing a memo.
And you don't want to be dragged into what happens next.
♪♪♪
This is good news, Tommy.
If we can show that you're suffering from PTSD
and that is why you got in that fight...
- Uh-huh. - And if the judge agrees,
big "if," you won't go to prison.
The court will press "pause" on your case.
You will go to treatment instead,
and if it's successful, meaning if you stick with it,
the charges disappear. Case closed.
Not really good at talking about this.
You need to get over it, Tommy.
You're gonna meet with Dr. Debbie in a second.
A shrink? A therapist, yeah.
She's gonna do an evaluation.
The only thing, Tommy, is the judge
might speak to you again in court.
She might have more questions about Afghanistan,
about your trauma.
I know this judge. She will be more inclined
to give you the benefit of the doubt
if you show her--Yeah, okay.
You've got a shot here, Tommy,
not just at staying out of prison--
of dealing with all of the--your stuff.
Why don't you just tell me what to say,
and I'll say it, all right? Does that work?
You wanna write it down for me?
♪♪♪
[ door closes ]
Luke?
Tommy. Judge Campbell?
I never found out what the--
Oh, he made an error. Instructions to the jury.
He skipped a paragraph.
- How big a-- - Grounds for mistrial.
It's making me nauseous.
Okay, okay. How about you go to Judge Campbell,
give him a heads up that you saw it
and that the lawyer might see it, too, and then you--
Ugh. I spent three days in his courtroom,
and he never spoke to me
or looked at me. Not once.
Oof.
The man scares me.
Thank you.
It's research on PTSD. - Mm.
Heartbreaking.
When you have it,
you can't remember the trauma without reliving it.
- That's so awful. - There you are, just--
You're just in some bar.
Someone looks at you a certain way,
touches you by mistake, and boom.
All those feelings and that fear...
And anything can trigger it--
a sound, a smell.
Three words?
Yeah.
And it all comes rushing back.
♪♪♪
♪♪♪
Look, I just have to say that honestly, the whole concept
of mental health diversion eludes me.
You are either responsible for your actions,
or you are legally insane.
Not true. Diminished actuality.
Legal unconsciousness.
It's an end run around, actual criminal liability.
You are nothing, Jonas, if not predictable.
There are reasons why this defendant hasn't had treatment.
- I agree with Judge Carmichael. - No, you don't.
- You do? - These poor souls can't afford
medication or doctors. - Are you trying to get my goat?
Well, perhaps, if we lived in Canada or Sweden,
maybe then we wouldn't have this epidemic of the untreated.
- That's exactly right. - 40% of the prison population
has mental health issues. - 46.
- How many of them are veterans? - More than is comfortable.
No, the system is not working, my young friend,
and why shouldn't the judiciary take the lead?
I'll tell you exactly why and at some length.
It's not worth the risk, that's why.
What if he reoffends? Another bar fight,
except this time he kills somebody?
Who wants that on their conscience...again?
That was a cheap shot.
Of course. I know. I apologize.
Travis Bolson is a completely different--
Except that it really isn't.
- Isn't what? - That different.
And the only reason Maggie Palmer
isn't bludgeoning you with it is because she's sucking up.
If I choose to trust a defendant--
Oh, I find it fascinating, Carmichael,
who you choose to trust and who you choose to judge.
You think I'm judging you?
What else would you call it?You asked me.
I made a mistake, and I fixed it.
No, you didn't. Stop saying you fixed it.
Why can't you give me the benefit of--
You came to me. You asked me to dig around.
You must have known that I would find all of this.
I could make a genuine difference.
You know that I could.That is not the issue here.
Yes, it is.
Everything that we stand for--
all the change that you want to see happen.
Don't do that.Sentencing reform,
diversion program. Lisa.
I want you to be a part of it, Carmichael,
all of it, a part of my team.
In exchange for what? Keeping your secret?
Defending you when this comes out?
And how is that gonna look in the press?
Not one but two sitting judges saying that it is okay
to break attorney--No one is going to ask you to--
You violated your duty of loyalty to your client, Lisa.
Youdid that, and you should have been disbarred.
And now I could be disbarred for not reporting it.
I think that you're overstating your--
I don't think I am.
Your good intentions don't matter.
The right thing-- it doesn't matter.
Not in this case. It really doesn't,
even if we both wish that it did.
♪♪♪
♪♪♪
Bet I can handle this. [ laughs ]
What are you doing here? You're off the case, Sam.
Do not sit down.
Is Douglas Wardle innocent or not?
Answer the question.
Yes.
Then you're gonna fix it, and I got your back.
All rise.
Department 61 of the Los Angeles Superior Court
is now in session. Judge Jonas Laski presiding.
All right, Mr. Callan, if you're sufficiently healthy,
we can get this thing back on the rails.
Let's get the jury in here.
Your Honor, the People move
to dismiss the charges in this case
under Penal Code section 1385.
- Wait. What? - Really?
The People aren't confident
that we can prove this case beyond a reasonable doubt.
No argument here, Your Honor.
Okey-doke.
Motion granted.
Case dismissed.
Yes.
[ indistinct chatter ]
Detective?
Mitchell Sanderly, you're under arrest
for the murder of Troy Wardle.
Whoa! Whoa, whoa, whoa, whoa, whoa. What the hell, Callan?
New evidence has come to light, Your Honor--
enough to make an arrest.You're gonna do this in the middle of the courtroom?
I have a warrant for a buccal swab.
We're gonna go ahead and harvest the DNA of your client.
This is because you were losing.[ gavel banging ]
Go! Get him outta here. Go! Get him out!All right.
[ exhales deeply ]
Poor Mitch. He's gonna need a new nickname.
[ exhales deeply ]
It's called hyperarousal. Patients are reckless,
self-destructive, aggressive outbursts.
In your opinion, is there a connection
between the alleged crime and a diagnosis of PTSD?
A direct connection.
Tommy's PTSD causes hyperarousal.
In this case, that is exactly what happened
the night of the bar fight.
And what impact would treatment have on my client?
Tommy's aggressive behavior would stop.
Thank you, doctor.
Ms. Palmer, any questions?
Has PTSD robbed Tommy of his faculties?
I'm sorry. I don't understand the question.
Does it make him hallucinate? Does he know who he is?
Where he is? Who he's talking to? Yes.
Is he capable of making choices, doctor?
For example, the choice of whether or not
to attack someone with a bottle. - Objection, Your Honor.
Inflammatory.Overruled. Careful, Ms. Palmer.
Of course he does. PTSD--
Doctor, if Tommy goes into treatment,
if he receives medication, it's still possible
that he will reoffend, is it not?
There's always a risk.Could he kill someone, doctor?
Objection. Calls for speculation.
I'm simply trying to establish whether--Sustained.
That's enough, Ms. Palmer.
Thank you, doctor. Nothing further.
The witness may step down.
Your Honor, we've outlined a treatment plan--
Yes, thank you, counsel. I've read it.
[ clears throat ]
Your Honor?
And why should I believe that you're committed
to this treatment, Mr. Farrell?
Your Honor, if I could have just one minute?
One minute.
Tommy, look at me. Tommy.
Ever since you've come back,
you have been running from what happened.
And you have to stop and turn and face it...
now.
If you'd asked me last week,
I'd have said I don't need a doctor or treatment.
I need a job.
You know, everyone always says "Move on," so...I tried.
I did.
But...
it's not working right.
And this feels like this...
really feels like this could be...a chance to...
I want to get better, Your Honor.
Um, Judge Campbell, the instructions to the jury--
you left out a paragraph.
The Union of Act and Intent provision
per Penal Code section 20.My dear, I am sure you're mistaken.
Sir--I've never done anything remotely like that in my life.
I appreciate that, sir, but this time--
Young lady, your transcription is incorrect.
All right? The error is yours.
Now perhaps we can both of us can get back to work here.
It's Ms. Castillo.
Excuse me?
Or, uh, Sara, if you must,
but not "young lady" and not "my dear."
Now, it is unlikely that I would miss a single word.
The notion that I could
miss an entire paragraph is laughable.
I mean, I don't make mistakes.
Now, sir, you give these instructions every day.
You went on autopilot for a split second.
Judges have been known to skip an entire page.
Now I had the courtesy to let you know.
I'd appreciate if you had the courtesy
to treat me as a professional.
Stop!
You're right.
Ms. Castillo, I do apologize. That was impertinent.
If it was my error and it's exposed,
I will pay that particular piper.
Thank you.
If you'd ever like to change judges,
you come find me.
The defendant Tommy
stands there in front of me making promises,
and I want for him to be better, to succeed.
I ache for him for what he's been through.
But at the same time,
I have a responsibility to the man that he hurt,
to the people he could hurt next.
That's the job.I know it's the job.
I just have to... Grapple.
Grapple! I am grappling.
You're a grappler. Grappler.
So Judge Benner leaked the memo
that brought Cuprillon down.
When you were fighting, I was listening at the door.
Sherri, you can't--Get over it. I shouldn't have to.
If I'm gonna protect you, you need to tell me things.
It's not your job to protect me.
Now, Tommy--pros and cons.
Let's talk it out. I will tell you what to do,
at which point you will proceed to do the exact opposite.
What are you doing here?
Sorry for just showing up. I should have texted.
That's okay. I was working. I'm so behind.
I just thought if I asked if I could come over,
you'd probably say no.
So listen--I've been avoiding you. I'm sorry.
It's okay. It's incredibly awkward
working in the same courtroom. - That's not why--
And obviously we can't discuss the case.
I've been running away. That's why we haven't talked--
It's okay. Not from you.
From what you said, and that's not fair.
We don't have to talk about it. That's not why I'm here.
I have a question for you.
What?
If you could only eat pizza for the rest of your life,
every meal, or only eat fries, which would it be?
Take your time.
That's easy. Pizza. Multiple food groups.
Yeah. If you had to lose your arms or your legs...
- Legs. - Mm!
[ laughs ]Uh, no books or no music for the rest of your life?
Oh, that's a good one.
Mm-hmm.
- Oh, damn. - Mm.
Huh.
Hmm.
Mmm. Mmm. [ laughs ]
This entire diversion exercise is ill-advised.
Carmichael's trying to force me to--
The kid is a repeat violent.
He needs to go to prison for many years.
I forget. When did you serve in uniform?
When did you see combat?Excuse me?
I mean, do you think maybe it's possible
that different rules apply in this case,
given who Tommy is and what he's done?
Maybe having a little bit of compassion,
looking beyond the obvious and addressing the real problem?
And keeping this guy out of custody
isn't such a crazy idea.
- I'm looking for Mark Callan. - He's right there.
You're wrong, and I'm gonna tell you why.
I'm sure you are.
Rhonda McRhonda.
Quite the spectacle, Callan. Are you pleased with yourself?
Ready to cut a deal?
Ms. McReady, Thomas Choi.
Uh, we could talk in my office.
Samantha, if you wouldn't mind?
Hi, uh, yeah. Just through here.
I told you to leave it alone, and you didn't.
- I know, but-- - You were showboating.
We put an innocent man in jail.
And we have a process to deal with that.
It would have taken them months, years.
For good reason--
so that we don't screw it up again.
[ sighs ] Look, when you pull this kind of crap--
Thomas.I gave you a direct order, and you ignored it.
I am sending you home.
I'm serious. Pack your stuff. You're benched.
We'll talk tomorrow.
♪♪♪
Mr. Farrell, I am satisfied that you wish to get treatment
and have little doubt that you would benefit from it.
However, I am responsible to the public and to its safety.
The defense's motion is denied,
which means we return to trial unless...
I am prepared to mandate
treatment for the accused while in custody
and monitor it with biweekly updates
if you are able to come to terms.
[ whispers ] She's talking about a guilty plea.
We should consider it, Tommy,
if they're willing to reduce the charge.
[ lowered voice ] Drop it down to a misdemeanor.
Get rid of the strike. If you want to get back
in Carmichael's good books, this is how.
Your Honor, if the defendant is willing to plead guilty,
the People are prepared to drop the charge
to misdemeanor assault, no strike,
one year in county jail...
with treatment.
Your Honor, I think we can make this work.
♪♪♪
That's why you should keep your distance.
You're gonna be in trouble with Choi now, too.
You taught me something with this case.
Eight years ago, when Douglas was testifying,
when you were convicting him,
was there a voice in your head telling you
something's not right?
[ sighs ]
Listen to that voice, even if it's inconvenient,
even if it gets you in trouble.
That's what you taught me.
♪♪♪
♪♪♪
For 30 years, I've been asking myself,
did I do enough? Did I absolve myself?
Am I free to go?
You're right. [ sighs ]
I wanted you to find out and pardon me.
And as much as I hate your verdict,
I can't argue with it.
I'm withdrawing from the Attorney General race.
I appreciate you taking the time to help me
sort through all of this, so we can...
Now we can both get back to work. Right?
Now we can get back to work.
♪♪♪
♪ Lost in the fog♪
♪ It's hollow here♪
♪ Blood running hot♪
Hi. You got my text.
- You okay? - I'm fine. I'm just--
I'm gonna be working here for a couple more hours,
just wanted you to know.
Oh, you can't just walk in here.
You work for the D.A., remember?I wanted to say good night.
Mm-hmm. Good night.
Your desk is worse than mine.
Mm. Barry's the gift that keeps on giving.
I spent all day on his files. Now mine are in crisis.
Mm, it's a weird couple of days.
Because of the three unfortunate words?
I took those back, remember?
'Cause of the trial? You were pretty quiet over there
at the prosecution table.
The worst thing about Maggie is how certain she was,
every time she opened her mouth.
That kind of certainty creeps me out.
You know what I respect? The not knowing,
the struggle, the doubt.
Anyway, I should... let you get back to work.
I love you, too.
I think.
I'm not entirely sure, but it is possible.
It's the best I can do.
I'll take it.
- Hmm? - Mm-hmm.
♪ I hear its sad song♪
♪♪♪
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