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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,218 --> 00:00:02,918 Previously on "All Rise"... 2 00:00:02,959 --> 00:00:04,309 McCarthy would do a cleanup 3 00:00:04,352 --> 00:00:05,442 for any trainee who got caught in the hot seat. 4 00:00:05,483 --> 00:00:06,703 Why didn't I ever hear about this? 5 00:00:06,745 --> 00:00:08,265 Watkins, you signed a statement for McCarthy 6 00:00:08,312 --> 00:00:09,752 when we were fresh out of the academy. 7 00:00:09,792 --> 00:00:12,062 - You don't remember? - Sorry, Sara, I have to go. 8 00:00:12,099 --> 00:00:13,929 You are just driving me crazy! 9 00:00:13,970 --> 00:00:15,190 Nikki? 10 00:00:15,232 --> 00:00:17,372 Whoa, where are you going? Get back in here! 11 00:00:17,408 --> 00:00:18,708 - Hey! - No! 12 00:00:18,757 --> 00:00:20,017 Lo, Benner named the presiding judge 13 00:00:20,063 --> 00:00:22,073 in the McCarthy case. It's you. 14 00:00:22,109 --> 00:00:23,499 Omar, this is new evidence. 15 00:00:23,545 --> 00:00:24,885 This could vacate your conviction. 16 00:00:24,937 --> 00:00:26,677 I'd just like my eye for an eye, please. 17 00:00:26,722 --> 00:00:28,552 - Mark, I've been trying-- - No, I know you have. 18 00:00:28,593 --> 00:00:30,683 And the fact that you're even considering-- 19 00:00:30,726 --> 00:00:31,856 I'm married. 20 00:00:45,001 --> 00:00:48,271 ♪ Uh-oh, uh-oh 21 00:00:51,921 --> 00:00:56,971 ♪ When all my darkness comes to light ♪ 22 00:01:01,670 --> 00:01:04,150 - Hi. - Hey. 23 00:01:04,194 --> 00:01:06,114 I want to swing by tonight and pick up some clothes. 24 00:01:06,153 --> 00:01:08,073 Sure. How's the McCarthy trial? 25 00:01:08,111 --> 00:01:10,941 - Oh, you know. - No, I don't. 26 00:01:10,983 --> 00:01:13,773 We haven't talked much since you walked out. 27 00:01:13,812 --> 00:01:16,952 I just need a little time, Amy, to process things. 28 00:01:16,989 --> 00:01:18,769 It's not every day you find out 29 00:01:18,817 --> 00:01:20,947 the woman you love is married. 30 00:01:20,993 --> 00:01:24,303 Nice to hear you still love me. Can we please talk? 31 00:01:24,345 --> 00:01:28,435 Yeah, um, just let me get past this case. 32 00:01:28,479 --> 00:01:31,919 Listen, I think it's best if you're 33 00:01:31,961 --> 00:01:33,661 not there when I come by tonight. 34 00:01:36,096 --> 00:01:38,136 Good luck today. 35 00:01:38,185 --> 00:01:42,405 ♪ All my reasons, let them die ♪ 36 00:01:47,368 --> 00:01:48,458 What do you say, Mark, you ready? 37 00:01:48,499 --> 00:01:49,669 Pete Rashel says he won't testify. 38 00:01:49,718 --> 00:01:51,808 Well, you have plenty of other witnesses. 39 00:01:51,850 --> 00:01:53,500 - You don't need Rashel. - I think we do. 40 00:01:53,548 --> 00:01:55,938 Rashel's where this all started. Deep Throat could have sent us 41 00:01:55,985 --> 00:01:57,675 any of the deputies on that list. Why him? 42 00:01:57,726 --> 00:02:00,466 Right now you need to focus on -Cuthbert and Judge Carmichael. -Sir? 43 00:02:00,511 --> 00:02:02,601 Carmichael's going to be leaning heavily towards the defense 44 00:02:02,644 --> 00:02:04,124 so she doesn't show any bias towards you. 45 00:02:04,167 --> 00:02:07,257 Lola--Judge Carmichael wouldn't do that, sir. 46 00:02:07,301 --> 00:02:09,481 -She's a fair judge. -Who's up for re-election next year. 47 00:02:09,520 --> 00:02:11,740 Trust me, Mark, she's got big fish to fry. 48 00:02:11,783 --> 00:02:13,223 Are you ready for McCarthy? 49 00:02:13,263 --> 00:02:14,573 If Cuthbert puts him on the stand. 50 00:02:14,612 --> 00:02:18,792 McCarthy will testify. Be prepared for McCarthy. 51 00:02:21,837 --> 00:02:25,277 Sam. Your trial for the child abuse case starts today. 52 00:02:25,319 --> 00:02:26,619 - Yes, sir. - First chair. 53 00:02:26,668 --> 00:02:28,238 - Congratulations. - Thank you, sir. 54 00:02:28,278 --> 00:02:29,148 Good luck. 55 00:02:29,192 --> 00:02:31,502 Okay, Bravo. 56 00:02:31,542 --> 00:02:33,592 Like I wasn't freaked out already. 57 00:02:33,631 --> 00:02:36,071 - What is that? - For good luck. 58 00:02:37,113 --> 00:02:38,423 I should be with you. 59 00:02:38,462 --> 00:02:40,032 Sam, I never would've gotten this far without you. 60 00:02:40,072 --> 00:02:41,942 Come on, first chair? 61 00:02:41,987 --> 00:02:43,027 Killin' it! 62 00:02:49,995 --> 00:02:51,475 Despite what the prosecution alleges, 63 00:02:51,519 --> 00:02:53,349 we have no doubt the truth will prevail 64 00:02:53,390 --> 00:02:55,870 and show that Deputy Wayne McCarthy 65 00:02:55,914 --> 00:02:57,574 is a pillar of this community 66 00:02:57,612 --> 00:03:00,702 and an upstanding leader -in the force. -Are you worried at all 67 00:03:00,745 --> 00:03:02,615 about having Lola Carmichael -as the judge? -We are... 68 00:03:02,660 --> 00:03:05,450 thrilled that Judge Carmichael was given this case 69 00:03:05,489 --> 00:03:07,799 She is so brave and has overcome so much. 70 00:03:07,839 --> 00:03:11,319 Just this past year, she was arrested at a BLM protest 71 00:03:11,365 --> 00:03:13,105 and came out completely unscathed. 72 00:03:13,149 --> 00:03:14,459 No, she did not just say that. 73 00:03:14,498 --> 00:03:15,758 I have heard rumors that 74 00:03:15,804 --> 00:03:18,204 Judge Carmichael and DDA Callan are buddies, 75 00:03:18,241 --> 00:03:21,201 and there are those who believe that she cannot be unbiased. 76 00:03:21,244 --> 00:03:25,124 We, of course, -do not feel that way. -Ha! No, of course not. 77 00:03:25,161 --> 00:03:26,251 Oh, boy. 78 00:03:26,293 --> 00:03:28,123 This case has been absolute hell. 79 00:03:28,164 --> 00:03:29,514 I can see how stressed out Mark is, 80 00:03:29,557 --> 00:03:30,777 and I can't even call him. 81 00:03:30,819 --> 00:03:32,259 Please send him a picture of Bailey 82 00:03:32,299 --> 00:03:33,949 in the papoose that he bought her. 83 00:03:33,996 --> 00:03:35,516 And don't even get me started on Cuthbert. 84 00:03:35,563 --> 00:03:37,483 That woman is working my last nerve. 85 00:03:37,521 --> 00:03:40,131 And McCarthy?! Sitting up there, day after day, 86 00:03:40,176 --> 00:03:43,526 so smug, and now she wants to hold a press conference 87 00:03:43,571 --> 00:03:46,051 bringing up the protests and my arrest. 88 00:03:46,095 --> 00:03:49,135 Even if I could be unbiased, which I'm not saying I can't, 89 00:03:49,185 --> 00:03:52,275 because even someone like McCarthy deserves a fair trial 90 00:03:52,319 --> 00:03:53,619 but all the same, I don't even know 91 00:03:53,668 --> 00:03:56,238 if I can give him a fair trial. Why, Lisa? 92 00:03:56,279 --> 00:03:57,629 Why did you do this to me? 93 00:03:57,672 --> 00:03:59,632 Cuthbert papered Campbell, and your court was open. 94 00:03:59,674 --> 00:04:02,944 Do you want -to recuse yourself? -And give Cuthbert what she wants? No. 95 00:04:02,981 --> 00:04:05,161 But you could've at least asked me. 96 00:04:05,201 --> 00:04:07,941 I am up for re-election, in case you hadn't heard. 97 00:04:07,986 --> 00:04:10,726 -It is a jury trial. -I still have a job to do. 98 00:04:10,772 --> 00:04:13,912 Yes, but you tend to get more involved than you need to. 99 00:04:13,949 --> 00:04:16,519 - Oh, that's not a criticism. - It sure sounded like one. 100 00:04:16,560 --> 00:04:18,650 Imagine this trial as the Super Bowl. 101 00:04:18,693 --> 00:04:20,743 Mark and Corrine are the Chicago Bears 102 00:04:20,782 --> 00:04:22,392 -and Tampa Bay Bucs. -They're both NFC. 103 00:04:22,436 --> 00:04:23,786 Whatever. You know what I'm saying. 104 00:04:23,828 --> 00:04:25,218 - Not really. - 105 00:04:25,265 --> 00:04:28,265 Let the players play, Carmichael, 106 00:04:28,311 --> 00:04:32,321 and you just be a great referee. 107 00:04:47,243 --> 00:04:50,463 So...two whole days off. 108 00:04:50,507 --> 00:04:51,987 - Oh, my God. - Any plans? 109 00:04:52,030 --> 00:04:53,120 I have such a long list. 110 00:04:53,162 --> 00:04:54,252 First, I'm starting with the kitchen. 111 00:04:54,294 --> 00:04:55,564 - And then I'm going-- - Ugh! Emily! 112 00:04:55,599 --> 00:04:57,469 When was the last time you had any time off? 113 00:04:57,514 --> 00:04:59,654 -You need to have some fun. -I am helping you, 114 00:04:59,690 --> 00:05:01,300 and then I'm spring cleaning, and that is fun. 115 00:05:01,344 --> 00:05:03,094 - You heard from Joaquin? - We've talked, 116 00:05:03,128 --> 00:05:05,738 but our conversations have been really strained. 117 00:05:05,783 --> 00:05:06,963 And Luke? 118 00:05:07,002 --> 00:05:10,182 We're taking it slow. He made me dinner. 119 00:05:10,222 --> 00:05:12,792 - Hmm? - Nothing more. 120 00:05:12,834 --> 00:05:14,234 And what do you want to happen? 121 00:05:14,270 --> 00:05:18,320 I don't know. But I do know that today is about you. 122 00:05:18,361 --> 00:05:20,761 So how are you feeling -about your testimony? -Good. 123 00:05:20,798 --> 00:05:23,148 I can't thank you enough for all your help 124 00:05:23,192 --> 00:05:24,672 -these last two weeks. -Have you spoken to Benner yet? 125 00:05:24,715 --> 00:05:26,455 No. I thought it best to wait. 126 00:05:26,500 --> 00:05:28,980 -But? -I'm just so worried about Nikki. 127 00:05:29,024 --> 00:05:30,294 I know, but just remember that 128 00:05:30,330 --> 00:05:33,900 everything that you are doing is for her. 129 00:05:39,817 --> 00:05:43,517 Pomona? Really, sir? It's only for another week. 130 00:05:43,560 --> 00:05:45,170 Be glad I didn't send you to Lancaster. 131 00:05:45,214 --> 00:05:46,964 -How you holding up? -I mean, truthfully, it's pretty chill, 132 00:05:46,998 --> 00:05:48,738 - You hate it. - I do! 133 00:05:48,783 --> 00:05:50,263 I should be there, helping. 134 00:05:50,306 --> 00:05:53,346 You're a former deputy who trained under McCarthy. 135 00:05:53,396 --> 00:05:56,306 You are also on the witness list. But I'm not testifying. 136 00:05:56,356 --> 00:05:58,526 Until this trial is over, you are not to go near 137 00:05:58,575 --> 00:06:01,745 Lola, Mark, or Sam. Understand? 138 00:06:12,763 --> 00:06:15,073 -You're here. -Not the welcome I was hoping for. 139 00:06:17,638 --> 00:06:18,808 Wasn't expecting that either. 140 00:06:18,856 --> 00:06:20,816 You just surprised me. 141 00:06:20,858 --> 00:06:22,118 I stopped by your office. 142 00:06:22,164 --> 00:06:23,604 They said you took a couple days off. 143 00:06:23,644 --> 00:06:25,994 Yeah. Why didn't you call first? 144 00:06:26,037 --> 00:06:28,037 Well, you haven't exactly been chatty. 145 00:06:28,083 --> 00:06:31,173 This is why you took time off? 146 00:06:31,216 --> 00:06:32,516 Spring cleaning. 147 00:06:32,566 --> 00:06:34,306 - Mm. - Helps me think. 148 00:06:34,350 --> 00:06:36,740 -Come to any decisions? -No. 149 00:06:36,787 --> 00:06:39,527 Then I have a better idea for how to enjoy spring. 150 00:06:39,573 --> 00:06:41,443 Come with me to Rosarito. 151 00:06:43,707 --> 00:06:45,187 Yeah, I-I can't just... 152 00:06:45,230 --> 00:06:46,750 You know, I can't-- 153 00:06:46,797 --> 00:06:48,407 Why Rosarito? 154 00:06:48,451 --> 00:06:50,891 Because it's a beautiful day. 155 00:06:50,932 --> 00:06:52,592 Because I want to spend time with you. 156 00:06:52,629 --> 00:06:54,499 Because...we need to talk. 157 00:06:54,544 --> 00:06:55,504 Well, I-- 158 00:06:55,545 --> 00:06:58,025 Come on, Emily. Take a chance. 159 00:07:10,517 --> 00:07:11,777 Callan. 160 00:07:14,216 --> 00:07:17,086 Omar. -Didn't think you'd come. -Me neither. 161 00:07:17,132 --> 00:07:19,182 Courtrooms -give me the creeps. -I'm glad you made it. 162 00:07:19,221 --> 00:07:22,401 Seeing at least one bad cop face a real trial? 163 00:07:22,442 --> 00:07:24,972 - Better than nothing. All rise. 164 00:07:27,011 --> 00:07:29,931 - Court is back in session. - You may be seated. 165 00:07:29,971 --> 00:07:33,281 Back on the record in The People v. Wayne McCarthy. 166 00:07:33,322 --> 00:07:36,592 Due to COVID protocols, our jury is isolated 167 00:07:36,630 --> 00:07:38,890 and distanced in separate rooms. 168 00:07:38,936 --> 00:07:40,236 Juror number five, can you hear us? 169 00:07:40,285 --> 00:07:42,065 -Yes, Your Honor. -Then let's get started. 170 00:07:42,113 --> 00:07:43,643 Mr. Callan, are the People ready 171 00:07:43,680 --> 00:07:44,770 to call their first witness? 172 00:07:44,812 --> 00:07:46,292 Yes, Your Honor. 173 00:07:47,597 --> 00:07:49,987 People call Lee Lori. 174 00:07:56,606 --> 00:07:58,296 Mr. Lori, are you a former deputy sheriff? 175 00:07:58,347 --> 00:08:00,257 - Objection. Leading. - Sustained. 176 00:08:03,091 --> 00:08:05,881 Sir, what is your former occupation? 177 00:08:05,920 --> 00:08:07,360 - I was a sheriff's deputy. - And when was this? 178 00:08:07,399 --> 00:08:10,099 -From 2014 to 2015. -Who trained you to do that job? 179 00:08:10,141 --> 00:08:12,191 Objection. Assuming facts not in evidence. 180 00:08:12,230 --> 00:08:13,360 Sustained. 181 00:08:15,886 --> 00:08:17,796 When you were a deputy, 182 00:08:17,845 --> 00:08:19,405 did you receive -field training? -Yes. 183 00:08:19,455 --> 00:08:21,495 Do you see your field training officer in court here today? 184 00:08:21,544 --> 00:08:23,374 I do. He's sitting over there. 185 00:08:23,415 --> 00:08:26,285 -Identifying the defendant. -As a deputy, in the course of your duties, 186 00:08:26,331 --> 00:08:28,461 were you ever stationed at Men's Central Jail? 187 00:08:28,508 --> 00:08:30,288 Yeah. It's a time -I'd like to forget. -Please tell the court why. 188 00:08:30,335 --> 00:08:32,725 When an inmate was injured by another deputy, 189 00:08:32,773 --> 00:08:34,863 McCarthy told me to cover it up. 190 00:08:34,905 --> 00:08:36,855 When I pushed back, he ran me off the force 191 00:08:36,907 --> 00:08:38,387 and made it impossible for me to find another job. 192 00:08:38,430 --> 00:08:40,480 Objection. Foundation. Move to have stricken. 193 00:08:40,520 --> 00:08:43,000 Your Honor, this is vital and admissible testimony. 194 00:08:43,044 --> 00:08:46,094 The answer is stricken. 195 00:08:50,007 --> 00:08:52,137 It's bad enough dealing with Cuthbert objecting 196 00:08:52,183 --> 00:08:55,803 every time Mark asks a question, -but him throwing me daggers? -Because she's so scared 197 00:08:55,839 --> 00:08:56,969 she's gonna look biased toward me, 198 00:08:57,014 --> 00:08:58,454 she keeps ruling in Cuthbert's favor. 199 00:08:58,494 --> 00:08:59,584 I knew this was a bad idea. 200 00:08:59,626 --> 00:09:01,756 He needs me to bounce things off of 201 00:09:01,802 --> 00:09:03,802 and not being able to talk to him, it's all so... 202 00:09:03,847 --> 00:09:05,107 Frustrating. There's no way I can win 203 00:09:05,153 --> 00:09:07,113 if I have to go up against Lola and Cuthbert. 204 00:09:07,155 --> 00:09:08,325 Send Mark the picture of Bailey 205 00:09:08,373 --> 00:09:09,683 in the honeybee onesie that he bought her. 206 00:09:09,723 --> 00:09:11,163 Okay, consider it done. 207 00:09:11,202 --> 00:09:12,642 If that little girl doesn't calm him down, 208 00:09:12,682 --> 00:09:14,212 I don't know what will. 209 00:09:14,249 --> 00:09:17,559 And what about you? What's gonna calm you down? 210 00:09:27,175 --> 00:09:29,045 Miss Castillo, what was your relationship 211 00:09:29,090 --> 00:09:30,610 with the alleged victim, Nikki Gessner? 212 00:09:30,657 --> 00:09:31,827 -I was her tutor. -Can you tell the court what happened 213 00:09:31,875 --> 00:09:34,175 on the day that you called 9-1-1? 214 00:09:34,225 --> 00:09:36,265 We were talking about an essay Nikki had written. 215 00:09:36,314 --> 00:09:37,624 It was really good. 216 00:09:37,664 --> 00:09:39,844 -But the ending worried me. -Why? 217 00:09:39,883 --> 00:09:43,933 She said no matter how good or talented Stacy was, 218 00:09:43,974 --> 00:09:45,454 it was never good enough. 219 00:09:45,497 --> 00:09:47,277 Before I could ask her what it meant, 220 00:09:47,325 --> 00:09:50,015 Mrs. Gessner came into the room and berated-- 221 00:09:50,067 --> 00:09:51,717 - Objection. Narrative. - Sustained. 222 00:09:51,765 --> 00:09:54,285 Ms. Castillo, -just stick to the question. -What happened 223 00:09:54,332 --> 00:09:56,732 that caused your conversation with Nikki to end? 224 00:09:56,770 --> 00:09:57,860 Mrs. Gessner came into the room. 225 00:09:57,901 --> 00:10:00,031 And what, if anything, did she say? 226 00:10:00,077 --> 00:10:02,037 She was upset about a paper Nikki had written, 227 00:10:02,079 --> 00:10:03,859 and that's when Nikki turned off her video, 228 00:10:03,907 --> 00:10:05,647 but I could still hear. - What did you hear? 229 00:10:05,692 --> 00:10:07,612 Mrs. Gessner, yelling. 230 00:10:07,650 --> 00:10:10,310 Then I heard a loud thud. 231 00:10:10,348 --> 00:10:11,998 When I called Nikki on Zoom the next day 232 00:10:12,046 --> 00:10:14,046 to see if she was okay, 233 00:10:14,091 --> 00:10:16,221 she had a big red welt on her arm. 234 00:10:16,267 --> 00:10:17,787 Your Honor, I ask the Court to mark 235 00:10:17,834 --> 00:10:19,754 as People's Exhibit 3, a police photograph 236 00:10:19,793 --> 00:10:22,673 of what appears to be a bruise on the alleged victim's arm. 237 00:10:23,971 --> 00:10:25,801 Does this photo accurately depict the injury 238 00:10:25,842 --> 00:10:27,672 that you saw on Nikki's arm? - Yes. 239 00:10:27,714 --> 00:10:29,324 Did she tell you what happened? 240 00:10:29,367 --> 00:10:31,937 -She fell. -Your Honor, I have 12 sets of medical records, 241 00:10:31,979 --> 00:10:33,679 all received with affidavits 242 00:10:33,720 --> 00:10:35,640 dated from 2013 until the current day 243 00:10:35,678 --> 00:10:37,848 indicating 12 different times 244 00:10:37,898 --> 00:10:39,898 Nikki Gessner was treated for injuries. 245 00:10:39,943 --> 00:10:42,823 All 12 times, the reason that's stated? 246 00:10:42,859 --> 00:10:44,689 - She fell. - So marked. 247 00:10:58,527 --> 00:10:59,347 You got a life preserver in there? 248 00:10:59,397 --> 00:11:01,007 I enjoy being prepared. 249 00:11:01,051 --> 00:11:02,531 Everything's gonna be okay. 250 00:11:06,404 --> 00:11:09,674 So, you want to tell me what we're doing in Rosarito? 251 00:11:09,712 --> 00:11:12,192 A mother waiting for her 9-year-old daughter. 252 00:11:12,236 --> 00:11:13,796 I thought it was time you see 253 00:11:13,847 --> 00:11:16,017 what it is I do, firsthand. 254 00:11:19,287 --> 00:11:20,767 Mr. Lori. 255 00:11:20,810 --> 00:11:22,810 You left the -Sheriff's Department, yes or no? Yes. 256 00:11:22,856 --> 00:11:25,156 And no other law agency would hire you, is that correct? 257 00:11:25,206 --> 00:11:26,556 - Yes. - So isn't it fair to say 258 00:11:26,598 --> 00:11:28,208 that the only reason you're here today 259 00:11:28,252 --> 00:11:30,342 is because you can't get over the fact that you were fired? 260 00:11:30,385 --> 00:11:31,685 - Objection. Argumentative. - Sustained. 261 00:11:31,734 --> 00:11:32,744 How many excessive force complaints 262 00:11:32,779 --> 00:11:34,609 have been filed against you, sir? 263 00:11:34,650 --> 00:11:37,740 - I don't know. - I do. Six. 264 00:11:37,784 --> 00:11:40,834 Along with racist comments, harassment, misconduct-- 265 00:11:40,874 --> 00:11:43,094 Objection. Counsel is not testifying here. 266 00:11:43,137 --> 00:11:44,967 This is improper impeachment and assumes facts. 267 00:11:45,008 --> 00:11:47,008 Sustained. Ms. Cuthbert? 268 00:11:51,885 --> 00:11:54,015 I have no further questions, Your Honor. 269 00:11:56,237 --> 00:11:58,937 Mr. Lori, you may step down. 270 00:11:58,979 --> 00:12:00,849 We will resume after lunch. 271 00:12:11,426 --> 00:12:13,686 Now I get why they call you Cutthroat. 272 00:12:21,392 --> 00:12:25,532 Hey. I just realized, the night I was shot? 273 00:12:25,570 --> 00:12:26,620 McCarthy was there. 274 00:12:26,658 --> 00:12:28,008 Why didn't you tell me this before? 275 00:12:28,051 --> 00:12:29,791 I didn't know it was him. 276 00:12:29,836 --> 00:12:31,876 -And you're positive? -I'll never forget 277 00:12:31,925 --> 00:12:33,925 that bastard's voice as long as I live. 278 00:12:47,767 --> 00:12:49,937 Sir. 279 00:12:49,986 --> 00:12:51,246 New information has come to light 280 00:12:51,292 --> 00:12:52,822 about the night Omar Aziz was shot. 281 00:12:52,859 --> 00:12:55,249 We learned that there was another officer on the scene 282 00:12:55,296 --> 00:12:57,556 who helped Rashel cover-- McCarthy. 283 00:12:57,602 --> 00:13:00,652 - Can you prove it? - With Rashel's testimony. 284 00:13:00,692 --> 00:13:02,432 If Mark can get him on the stand, 285 00:13:02,477 --> 00:13:05,517 -he'll get Rashel to admit it. -I think it's best if we just stick 286 00:13:05,567 --> 00:13:08,527 with the four other witnesses you have...or call Aziz. 287 00:13:08,570 --> 00:13:10,350 Omar Aziz was in and out of consciousness. 288 00:13:10,398 --> 00:13:12,138 He never actually saw anyone. 289 00:13:12,182 --> 00:13:14,272 Pete Rashel was there. He's the only person 290 00:13:14,315 --> 00:13:16,665 who can place McCarthy at the scene of the crime. 291 00:13:18,232 --> 00:13:19,842 It's worth a shot. 292 00:13:19,886 --> 00:13:22,276 Yeah. 293 00:13:22,323 --> 00:13:24,853 Good luck. I hope you're right. 294 00:13:33,725 --> 00:13:34,725 I'm proud of you. 295 00:13:34,770 --> 00:13:36,770 So many people aren't brave enough 296 00:13:36,816 --> 00:13:38,206 to stand up for children. 297 00:13:38,252 --> 00:13:39,692 I don't know if I'd call it brave. 298 00:13:39,731 --> 00:13:42,041 I'm just trying to do the right thing 299 00:13:42,082 --> 00:13:45,302 for Nikki, Grandpa. 300 00:13:45,346 --> 00:13:47,436 Oh, no. It's Nikki. 301 00:13:47,478 --> 00:13:48,918 What should I do? I--I'm not-- 302 00:13:48,958 --> 00:13:50,218 I'm not supposed to talk to her. 303 00:13:50,264 --> 00:13:51,834 -I mean, should I answer? -Could she be in trouble? 304 00:13:51,874 --> 00:13:55,314 [ chimes ] Nikki. Is everything okay? 305 00:13:55,356 --> 00:13:58,096 I hate you! You've ruined my life! 306 00:13:58,141 --> 00:13:59,841 You just don't understand. 307 00:13:59,882 --> 00:14:01,412 She didn't mean anything by it. 308 00:14:01,449 --> 00:14:03,059 - She just gets mad sometimes. - Nikki... 309 00:14:03,103 --> 00:14:05,323 you don't have to make excuses for her any longer, okay? 310 00:14:05,366 --> 00:14:07,186 They want me to testify. I can't. 311 00:14:07,237 --> 00:14:09,017 Do you want your mom to get better? Yes. 312 00:14:09,065 --> 00:14:11,845 Then you need to testify and tell the truth. 313 00:14:11,894 --> 00:14:15,814 No! I can't. She'll get mad. 314 00:14:17,030 --> 00:14:18,380 Give her time. She'll realize 315 00:14:18,422 --> 00:14:20,422 you're just trying to do what's best for her. 316 00:14:23,166 --> 00:14:24,336 They were separated last year 317 00:14:24,385 --> 00:14:26,335 when they tried to cross the U.S. border. 318 00:14:26,387 --> 00:14:27,947 It's taken us months, a lot of money, 319 00:14:27,997 --> 00:14:29,907 and a whole legal team to get this child out of ICE custody. 320 00:14:29,956 --> 00:14:31,906 Child? I thought--I thought we were here for the mom. 321 00:14:31,958 --> 00:14:34,178 Kids in cages isn't just a hashtag. 322 00:14:34,221 --> 00:14:35,791 Usually parents are deported, 323 00:14:35,831 --> 00:14:38,491 and the kids are left behind in the States. 324 00:14:42,403 --> 00:14:44,623 I'm here to pick up Bella Flores. 325 00:14:44,666 --> 00:14:46,836 Paperwork? 326 00:14:46,886 --> 00:14:48,576 -Give me a second. -Thank you. 327 00:14:50,411 --> 00:14:52,941 Bella's been here for over a year 328 00:14:52,979 --> 00:14:55,549 while her mother's deported back to Mexico. 329 00:14:59,246 --> 00:15:00,066 Bella... 330 00:15:20,136 --> 00:15:22,356 Alma. 331 00:15:22,399 --> 00:15:23,919 Uh... 332 00:15:54,518 --> 00:15:55,958 Nos vemos pronto. 333 00:15:55,998 --> 00:15:58,128 Thank you. 334 00:15:58,174 --> 00:15:59,004 Okay? 335 00:16:00,524 --> 00:16:01,444 - Lista? - Sí. 336 00:16:01,482 --> 00:16:02,662 Okay! 337 00:16:04,876 --> 00:16:06,486 - Thank you, Emily. - Okay. 338 00:16:06,530 --> 00:16:08,050 Thank you. 339 00:16:11,013 --> 00:16:13,283 How often did you talk to Nikki? 340 00:16:13,320 --> 00:16:15,020 Two or three times a week. 341 00:16:15,061 --> 00:16:16,541 I was tutoring her in many subjects. 342 00:16:16,584 --> 00:16:18,024 - Was it always by Zoom? - Usually. 343 00:16:18,064 --> 00:16:19,724 Sometimes if I were out, Nikki would call me. 344 00:16:19,761 --> 00:16:21,591 Does Nikki ever get upset with you? 345 00:16:21,632 --> 00:16:24,292 No. Not that I can recall. 346 00:16:24,331 --> 00:16:26,381 - Though, today she was-- - Today? 347 00:16:26,420 --> 00:16:28,340 You spoke with Nikki today? 348 00:16:28,378 --> 00:16:30,728 I--yes. 349 00:16:30,772 --> 00:16:32,252 Well, she-- she called, and I-I was worried that-- 350 00:16:32,295 --> 00:16:33,855 Ms. Castillo, you were given 351 00:16:33,905 --> 00:16:36,775 a direct order by this Court to have no contact 352 00:16:36,821 --> 00:16:38,911 with the alleged victim until this trial was over. 353 00:16:38,954 --> 00:16:41,044 -Yes, Your Honor. -And you're saying, for the record, 354 00:16:41,087 --> 00:16:43,697 that you had direct contact with the alleged victim just today? 355 00:16:43,741 --> 00:16:46,831 Yes, Your Honor. I--I'm sorry. 356 00:16:46,875 --> 00:16:48,955 This is in direct violation. The Defense requests sanctions. 357 00:16:49,008 --> 00:16:50,528 The People disagree. Unless there's a showing 358 00:16:50,574 --> 00:16:52,624 of improper influence--Enough, you two. 359 00:16:52,663 --> 00:16:55,193 I'm not gonna spend any time on a contempt hearing 360 00:16:55,231 --> 00:16:58,021 about what Ms. Castillo did or did not say to Miss Gessner. 361 00:16:58,060 --> 00:16:59,980 But she is in violation of the Court's order, 362 00:17:00,019 --> 00:17:02,929 and I'll take a request for sanctions under submission. 363 00:17:04,458 --> 00:17:06,108 What were you thinking? 364 00:17:06,155 --> 00:17:07,935 I just wanted to help. 365 00:17:07,983 --> 00:17:09,293 Nikki's going through a lot right now. 366 00:17:09,332 --> 00:17:10,462 She will go through a hell of a lot more 367 00:17:10,507 --> 00:17:11,987 if we lose this thing. Sara, 368 00:17:12,031 --> 00:17:13,771 you are my star witness. 369 00:17:13,815 --> 00:17:15,815 If Delgado disregards your testimony, we're done. 370 00:17:15,860 --> 00:17:20,080 -Well, you still have Nikki. -Who is a hostile witness and refusing to testify. 371 00:17:20,126 --> 00:17:21,516 I can't. 372 00:17:34,966 --> 00:17:37,056 Mr. Rashel, why are you in Kern State Prison? 373 00:17:37,099 --> 00:17:38,749 -Assault with a firearm. -That was for the shooting 374 00:17:38,796 --> 00:17:40,796 of Omar Aziz on March 6, 2012. 375 00:17:40,842 --> 00:17:42,632 -Yes. -Would you please tell the court why 376 00:17:42,670 --> 00:17:45,890 you shot Mr. Aziz? I was a rookie. I got a call that a prowler 377 00:17:45,934 --> 00:17:47,154 had been spotted on the premises. 378 00:17:47,196 --> 00:17:48,626 He was carrying a gun. 379 00:17:48,676 --> 00:17:51,196 He came out of nowhere and I reacted. 380 00:17:51,244 --> 00:17:54,734 Is it true that you planted a gun at the scene? Yes. 381 00:17:54,769 --> 00:17:55,859 Once I realized my mistake, 382 00:17:55,900 --> 00:17:57,470 I didn't want to get in trouble. 383 00:17:57,511 --> 00:17:59,341 - Were you trained to do that? - Objection. Relevance. 384 00:17:59,382 --> 00:18:01,992 Sustained as phrased. Lay a foundation, please. 385 00:18:02,037 --> 00:18:03,337 Mr. Rashel, do you see 386 00:18:03,386 --> 00:18:04,946 your field training deputy in court here today? 387 00:18:04,996 --> 00:18:06,256 -Deputy McCarthy. Identifying the defendant. 388 00:18:06,302 --> 00:18:09,352 Did the defendant teach you how to plant evidence? 389 00:18:09,392 --> 00:18:10,922 - Same objection. - Overruled. 390 00:18:10,959 --> 00:18:12,129 You may answer the question. 391 00:18:12,178 --> 00:18:15,048 Um...uh... 392 00:18:15,094 --> 00:18:16,624 I don't recall. 393 00:18:16,660 --> 00:18:18,180 Did you speak with Mr. McCarthy 394 00:18:18,227 --> 00:18:20,357 after you shot Omar Aziz -that night? -Objection. 395 00:18:20,403 --> 00:18:23,753 I have not received any statements to this effect. 396 00:18:23,798 --> 00:18:25,628 If Counsel knows something that I do not, 397 00:18:25,669 --> 00:18:27,499 he has not turned it over. 398 00:18:27,541 --> 00:18:29,021 If not, this is a fishing expedition. 399 00:18:29,064 --> 00:18:30,244 -Mr. Callan. -Your Honor, everything has been disclosed. 400 00:18:30,283 --> 00:18:31,633 The objection is overruled. 401 00:18:31,675 --> 00:18:32,975 Mr. Rashel, was Deputy Wayne McCarthy 402 00:18:33,024 --> 00:18:36,814 present at the crime scene on March 6th, 2012? 403 00:18:43,209 --> 00:18:44,989 I don't recall. 404 00:19:10,366 --> 00:19:12,716 -What are you doing? -I know what happened with Rashel and Lori. 405 00:19:12,760 --> 00:19:14,020 - Put me on the stand. - No. 406 00:19:14,065 --> 00:19:15,755 -You don't have a choice. -It's my case. Yes, I do. 407 00:19:15,806 --> 00:19:17,286 This is not about you. It's about me, 408 00:19:17,330 --> 00:19:19,420 -my chance to make amends. -Luke, if you testify 409 00:19:19,462 --> 00:19:21,992 that you falsified evidence, you could lose your job. 410 00:19:22,030 --> 00:19:25,380 And if I don't, McCarthy wins. 411 00:19:26,948 --> 00:19:29,208 -I'll find another way. -Everyone else on that list 412 00:19:29,255 --> 00:19:31,905 is gonna follow rank and say, "I don't recall." 413 00:19:31,953 --> 00:19:33,563 I'm not intimidated by McCarthy. 414 00:19:33,607 --> 00:19:36,217 Let me help you take him down. 415 00:19:49,840 --> 00:19:52,930 You weren't supposed -to be here. -I can't-- 416 00:19:52,974 --> 00:19:55,114 We can't keep living like this. 417 00:19:55,150 --> 00:19:56,930 - What are we doing? - I don't know. 418 00:19:58,849 --> 00:20:01,109 - I miss you. - Amy... 419 00:20:02,418 --> 00:20:04,158 You look so tired. 420 00:20:07,510 --> 00:20:09,160 How you holding up? 421 00:20:12,341 --> 00:20:13,781 Luke wants to testify. 422 00:20:13,821 --> 00:20:16,041 What are you gonna do? 423 00:20:18,652 --> 00:20:21,442 I'm just gonna, uh... get my bag. 424 00:20:23,178 --> 00:20:25,788 Leave. 425 00:20:34,711 --> 00:20:37,851 Good night, Bella. 426 00:20:37,888 --> 00:20:41,368 Do you know any songs? My mommy always sang to me. 427 00:20:41,414 --> 00:20:43,684 You know who has the most wonderful voice? 428 00:20:43,720 --> 00:20:45,770 Who? 429 00:20:47,115 --> 00:20:49,285 Joaquin, would you sing to me? Please? 430 00:20:49,335 --> 00:20:50,985 Yes, please, Joaquin? 431 00:20:51,032 --> 00:20:52,562 - If you insist. - Oh, we do. 432 00:20:52,599 --> 00:20:54,039 Don't we? Mm-hmm. 433 00:21:01,085 --> 00:21:04,125 ♪ Eres mi sol, mi único sol ♪ 434 00:21:04,175 --> 00:21:08,435 ♪ Me haces feliz cuando el cielo es gris ♪ 435 00:21:08,484 --> 00:21:12,314 ♪ Nunca sabrás cuanto yo te amo ♪ 436 00:21:12,358 --> 00:21:16,138 ♪ Así que, Bella, no dejes de brillar ♪ 437 00:21:22,455 --> 00:21:25,015 That was beautiful. 438 00:21:27,416 --> 00:21:28,456 You're beautiful. 439 00:21:32,378 --> 00:21:35,378 It's Sam. Sorry. 440 00:21:35,424 --> 00:21:36,734 - Sam. - Hey. 441 00:21:36,773 --> 00:21:39,083 - We need to talk...about Luke. - Right now? 442 00:21:39,123 --> 00:21:40,213 Mark just called. 443 00:21:40,255 --> 00:21:41,735 Luke's gonna testify against McCarthy. 444 00:21:41,778 --> 00:21:43,258 What?! Why? 445 00:21:43,302 --> 00:21:45,572 He thinks it'll help Mark win. 446 00:21:45,608 --> 00:21:47,388 Please talk to him. 447 00:21:47,436 --> 00:21:50,346 Stop him from throwing away his career. He'll listen to you. 448 00:21:53,921 --> 00:21:55,271 You okay? 449 00:21:55,314 --> 00:21:56,924 It's Luke. He's about to ruin his entire career. 450 00:21:56,967 --> 00:21:58,617 I'm sorry. I need to call him. 451 00:21:58,665 --> 00:22:00,615 He's my friend, you know. I-I would do it for you. 452 00:22:00,667 --> 00:22:01,707 Of course. 453 00:22:12,940 --> 00:22:16,250 -Hey, Em. -What is this crazy talk I hear about you taking the stand? 454 00:22:16,291 --> 00:22:17,951 - Crazy is as crazy does. - Don't joke. 455 00:22:17,988 --> 00:22:20,248 You can't do this. Em, everything you're getting ready to say 456 00:22:20,295 --> 00:22:22,685 I've already heard from Choi, 457 00:22:22,732 --> 00:22:25,782 Mark, Sam, and my cousin Terrell. 458 00:22:25,822 --> 00:22:28,562 Then why aren't you listening? 459 00:22:28,608 --> 00:22:32,388 Please, Luke. Your life's work is at stake, 460 00:22:32,438 --> 00:22:35,218 everything that you have sacrificed for, 461 00:22:35,266 --> 00:22:37,086 all of the years of hard work 462 00:22:37,138 --> 00:22:39,618 just gone, and for what? 463 00:22:39,662 --> 00:22:42,062 This is for me. 464 00:22:42,099 --> 00:22:44,669 But... I appreciate your concern 465 00:22:44,711 --> 00:22:46,101 and kinda love that you care. 466 00:22:46,147 --> 00:22:47,277 - Luke... - My mind's made up. 467 00:22:47,322 --> 00:22:51,332 Good night, Em. 468 00:23:04,034 --> 00:23:06,254 You are gonna blow his career 469 00:23:06,297 --> 00:23:08,127 -if you call him. -It's not my choice. 470 00:23:08,169 --> 00:23:10,039 You are the one who decides which witnesses to call. 471 00:23:10,084 --> 00:23:11,614 You. Not Luke. 472 00:23:11,651 --> 00:23:13,441 And how is Judge Carmichael gonna react when you do this? 473 00:23:13,479 --> 00:23:16,259 I'm not sure, but either way, I have tried to convince him. 474 00:23:16,307 --> 00:23:17,787 He wants to right a wrong. 475 00:23:17,831 --> 00:23:20,311 His own restorative justice. 476 00:23:28,189 --> 00:23:30,319 Nikki, sitting where you are takes courage. 477 00:23:30,365 --> 00:23:32,445 I'm gonna have to ask you some questions, okay? 478 00:23:32,498 --> 00:23:33,668 Can you tell us a little bit 479 00:23:33,716 --> 00:23:35,976 about your mom's moods on an average day? 480 00:23:36,023 --> 00:23:39,113 She, um, gets stressed out a lot. 481 00:23:39,156 --> 00:23:40,936 Her job's, like, really hard. 482 00:23:40,984 --> 00:23:43,734 When do you remember first noticing she was stressed out?3, I think. 483 00:23:43,770 --> 00:23:46,690 It got worse when my dad died. I was 6. 484 00:23:46,729 --> 00:23:47,729 And how's it been this last year? 485 00:23:47,774 --> 00:23:49,824 She screams more and stuff, 486 00:23:49,863 --> 00:23:50,993 like, if she had a bad day. 487 00:23:51,038 --> 00:23:52,868 And what is the "stuff"? 488 00:23:54,607 --> 00:23:56,217 Does the stuff involve hitting you? 489 00:24:02,658 --> 00:24:05,048 Nikki, please answer the question. 490 00:24:06,445 --> 00:24:08,745 -A little, I guess. -When she hits you, is it hard? 491 00:24:08,795 --> 00:24:11,405 - I don't know. - Does it hurt? 492 00:24:14,757 --> 00:24:16,367 Sometimes. 493 00:24:18,282 --> 00:24:19,852 No further questions, Your Honor. 494 00:24:25,246 --> 00:24:27,026 Nikki... 495 00:24:27,074 --> 00:24:28,684 do you believe that moms get mad sometimes? 496 00:24:28,728 --> 00:24:30,638 - Yeah. - I do, too. 497 00:24:30,686 --> 00:24:33,206 'Cause I'm a mom, and I get mad. 498 00:24:33,254 --> 00:24:35,394 Do you know what the word "discipline" means? 499 00:24:35,430 --> 00:24:38,430 When your parents punish you to teach you a lesson? 500 00:24:38,477 --> 00:24:41,217 Yes. Is it possible 501 00:24:41,262 --> 00:24:45,832 that you're confusing discipline with abuse? 502 00:24:47,137 --> 00:24:48,177 Yeah, maybe. 503 00:24:48,225 --> 00:24:49,785 No further questions, Your Honor. 504 00:24:49,836 --> 00:24:52,576 Would the People like to redirect? 505 00:24:52,621 --> 00:24:54,281 Yes, Your Honor. 506 00:24:57,234 --> 00:24:59,634 Nikki, many children receive discipline. 507 00:24:59,672 --> 00:25:01,022 My parents disciplined me. 508 00:25:01,064 --> 00:25:02,374 They would put me in a time-out, 509 00:25:02,413 --> 00:25:03,593 or take away a toy. 510 00:25:03,632 --> 00:25:06,552 Nikki, do you know the definition of abuse? 511 00:25:06,592 --> 00:25:07,852 To hurt somebody? 512 00:25:07,897 --> 00:25:12,897 Yes. To treat a person with cruelty or violence 513 00:25:12,946 --> 00:25:15,636 regularly or repeatedly. 514 00:25:20,954 --> 00:25:23,354 Nikki. 515 00:25:23,391 --> 00:25:25,311 Ms. Figueroa? 516 00:25:25,349 --> 00:25:27,089 When your kid gets a "C" 517 00:25:27,134 --> 00:25:30,624 or forgets to take out the trash, 518 00:25:30,659 --> 00:25:33,229 do you, like, hit her? 519 00:25:35,316 --> 00:25:38,796 Nikki, only the lawyers can ask questions, 520 00:25:38,841 --> 00:25:42,111 and the witnesses can answer. 521 00:25:42,149 --> 00:25:43,239 Nikki... 522 00:25:43,280 --> 00:25:45,280 earlier you said you love your mother, 523 00:25:45,326 --> 00:25:47,716 and you believe that she loves you too, correct? 524 00:25:47,763 --> 00:25:49,293 - Yeah. - Do you think that maybe 525 00:25:49,330 --> 00:25:52,380 your mom needs a little bit of help 526 00:25:52,420 --> 00:25:55,250 learning how to show her love in a better way? 527 00:25:55,292 --> 00:26:00,212 A way that doesn't involve hurting you regularly? 528 00:26:04,606 --> 00:26:06,866 Nikki, you were saying yes 529 00:26:06,913 --> 00:26:08,963 in answering that question, correct? 530 00:26:09,002 --> 00:26:10,792 Yes. 531 00:26:13,702 --> 00:26:16,142 No more questions. 532 00:26:24,670 --> 00:26:26,760 All rise. 533 00:26:31,677 --> 00:26:32,807 You may be seated. 534 00:26:35,202 --> 00:26:37,472 Every fiber of my judicial being 535 00:26:37,508 --> 00:26:39,158 is dreading seeing Luke up on that stand. 536 00:26:39,206 --> 00:26:41,466 I know. You're gonna be okay. 537 00:26:41,512 --> 00:26:42,642 Let's hope. 538 00:26:44,385 --> 00:26:47,205 People, you may call -your next witness. -Thank you, Your Honor. 539 00:26:47,257 --> 00:26:49,387 The People call Luke Watkins to the stand. 540 00:26:55,222 --> 00:26:56,482 Please raise your right hand. 541 00:26:58,094 --> 00:27:00,054 Do you solemnly swear the testimony you may give 542 00:27:00,096 --> 00:27:01,396 before this court shall be the truth, 543 00:27:01,445 --> 00:27:02,835 the whole truth and nothing but the truth, 544 00:27:02,882 --> 00:27:04,882 -so help you God? -I do. 545 00:27:12,152 --> 00:27:13,812 Mr. Watkins, what is your current occupation? 546 00:27:13,849 --> 00:27:15,159 I am a deputy district attorney 547 00:27:15,198 --> 00:27:16,418 for the County of Los Angeles. 548 00:27:16,460 --> 00:27:17,720 And what was your former occupation? 549 00:27:17,766 --> 00:27:18,896 I was an L.A. County Sheriff's Deputy. 550 00:27:18,941 --> 00:27:20,291 Do you see your field training deputy 551 00:27:20,334 --> 00:27:22,084 in court here today? - Yes, I do. 552 00:27:22,118 --> 00:27:23,158 Sitting at the defense table. 553 00:27:23,206 --> 00:27:24,766 Identifying the defendant. 554 00:27:24,817 --> 00:27:26,427 When defendant McCarthy was training you, 555 00:27:26,470 --> 00:27:28,430 what did he say was the most important thing? 556 00:27:28,472 --> 00:27:31,742 Protect our own first, then the people. 557 00:27:31,780 --> 00:27:32,910 And what did you understand that to mean? 558 00:27:32,955 --> 00:27:34,385 - Objection. Irrelevance. - Overruled. 559 00:27:34,435 --> 00:27:36,125 Oh, so when it's one of her little cubs, 560 00:27:36,176 --> 00:27:38,176 I get cut off at the knees. - Ms. Cuthbert. 561 00:27:38,221 --> 00:27:39,751 -Yes? -Is there something you care to share with the Court? 562 00:27:39,788 --> 00:27:41,358 No. No. 563 00:27:41,398 --> 00:27:42,968 Mr. Watkins, you may continue. 564 00:27:43,009 --> 00:27:46,359 McCarthy's motto means to protect our family, 565 00:27:46,403 --> 00:27:47,973 his sons, first. 566 00:27:48,014 --> 00:27:50,284 Did you receive immunity to testify here today? 567 00:27:51,713 --> 00:27:53,193 No, I did not. 568 00:27:53,236 --> 00:27:54,846 Marking as People's Exhibit 10, 569 00:27:54,890 --> 00:27:57,550 a November 1, 2016, incident report 570 00:27:57,588 --> 00:27:59,718 filed by the Los Angeles County Sheriff's Department. 571 00:27:59,765 --> 00:28:02,585 Sir, did you write -and sign this report? -Yes, I did. 572 00:28:02,637 --> 00:28:04,597 Did anything happen there with defendant McCarthy? 573 00:28:04,639 --> 00:28:06,859 I was responding to a 211 robbery. 574 00:28:06,902 --> 00:28:09,602 I was in the other room and heard a gunshot. 575 00:28:09,644 --> 00:28:11,734 - A deputy yelled, "Gun!" - Did you see the perpetrator 576 00:28:11,777 --> 00:28:13,557 in possession of a firearm? - No, I did not. 577 00:28:13,604 --> 00:28:14,744 And yet in the police report, 578 00:28:14,780 --> 00:28:16,520 you indicated that you saw this man 579 00:28:16,564 --> 00:28:19,004 with a gun in his hand. 580 00:28:23,223 --> 00:28:24,883 - Yes, I did. - Why? 581 00:28:24,920 --> 00:28:26,970 Deputy McCarthy told me that's what happened. 582 00:28:27,009 --> 00:28:29,579 I trusted him. He was my training officer 583 00:28:29,620 --> 00:28:31,750 and my mentor, so I wrote it on the report 584 00:28:31,797 --> 00:28:32,837 as he told me to. 585 00:28:32,885 --> 00:28:34,015 No further questions, Your Honor. 586 00:28:34,060 --> 00:28:35,630 Ms. Cuthbert, your witness. 587 00:28:35,670 --> 00:28:37,590 Mr. Watkins, what time did you speak 588 00:28:37,628 --> 00:28:40,278 with Deputy McCarthy about the incident? 589 00:28:40,327 --> 00:28:42,757 I don't know the exact time. That day, per protocol. 590 00:28:42,808 --> 00:28:44,588 Well, the report was filed at 8:15 a.m., 591 00:28:44,635 --> 00:28:46,285 so to the best of your recollection, 592 00:28:46,333 --> 00:28:48,383 what time did you speak with Deputy McCarthy? 593 00:28:48,422 --> 00:28:49,902 - Before I signed it. - But you just conveniently 594 00:28:49,945 --> 00:28:51,285 can't remember the time? 595 00:28:51,338 --> 00:28:53,468 A good little type-A soldier like you? I doubt it. 596 00:28:53,514 --> 00:28:55,044 - Objection. Argumentative. - Sustained. 597 00:28:55,081 --> 00:28:56,081 Ms. Cuthbert, watch your tongue. 598 00:28:56,125 --> 00:28:57,775 You filed a report before speaking 599 00:28:57,823 --> 00:28:59,093 with Deputy McCarthy. 600 00:28:59,128 --> 00:29:00,868 The truth is, you're here just to cover up 601 00:29:00,913 --> 00:29:03,793 -your little oopsie. -Objection. Assumes facts not in evidence. 602 00:29:03,829 --> 00:29:05,869 Sustained. Ms. Cuthbert, I am warning you. 603 00:29:05,918 --> 00:29:08,048 Mr. Watkins, isn't it true that you were 604 00:29:08,094 --> 00:29:10,444 the bailiff for Judge Carmichael? 605 00:29:10,487 --> 00:29:14,357 Enough, Counsel! In my chambers, now. 606 00:29:17,799 --> 00:29:20,799 All right, DDA Callan has waived his right to be here. 607 00:29:20,846 --> 00:29:22,016 - Thank you, Sherri. - I apologize 608 00:29:22,064 --> 00:29:23,284 for my sharp tongue. 609 00:29:23,326 --> 00:29:25,066 I do not apologize for doing my job. 610 00:29:25,111 --> 00:29:26,631 Nor should you, but this is about 611 00:29:26,677 --> 00:29:28,637 your blatant disrespect for me and the witness. 612 00:29:28,679 --> 00:29:30,679 Fine, what about your blatant disrespect for me 613 00:29:30,725 --> 00:29:32,765 and the officers I defend, -the good ones? -Ms. Cuthbert, 614 00:29:32,814 --> 00:29:34,694 I doubt we would be in one of the largest 615 00:29:34,729 --> 00:29:36,509 civil rights movements in history if there were 616 00:29:36,557 --> 00:29:38,427 an abundance of these "good ones" you speak of. 617 00:29:38,472 --> 00:29:39,822 You don't understand the toll it takes. 618 00:29:39,865 --> 00:29:43,035 I have seen too many marriages and livers destroyed 619 00:29:43,085 --> 00:29:44,905 -to serve and protect us. -Define "us." 620 00:29:44,957 --> 00:29:47,517 Because the "us" I know is not being protected. 621 00:29:47,568 --> 00:29:48,918 There are some, just like there are 622 00:29:48,961 --> 00:29:50,921 some corrupt judges, -I imagine. -A corrupt judge 623 00:29:50,963 --> 00:29:53,533 does not murder and then hide behind their union. 624 00:29:53,574 --> 00:29:56,934 A judge doesn't need a union, just a robe. 625 00:29:56,969 --> 00:29:58,099 I'm curious to see what kind of judge 626 00:29:58,144 --> 00:29:59,194 you're going to be in a few years 627 00:29:59,232 --> 00:30:01,152 when you're not so wet behind the ears 628 00:30:01,190 --> 00:30:04,320 and have learned the rules of the game. 629 00:30:04,367 --> 00:30:06,627 A split second to decide... 630 00:30:06,674 --> 00:30:09,164 whether it's my life or yours is not a lot of time. 631 00:30:09,198 --> 00:30:10,548 I protect the good ones. McCarthy's a good one. 632 00:30:10,591 --> 00:30:13,941 Save it for your closing, Ms. Cuthbert. 633 00:30:19,774 --> 00:30:21,914 Facing a father figure on the other side of justice 634 00:30:21,950 --> 00:30:23,910 is no small feat. I remember. 635 00:30:23,952 --> 00:30:25,432 Thank you. 636 00:30:26,694 --> 00:30:28,574 -I gave it all I had. -And the jury felt that. 637 00:30:28,609 --> 00:30:31,129 Luke's tug on their heartstrings means McCarthy 638 00:30:31,177 --> 00:30:33,087 will only be more desperate to charm them. 639 00:30:33,135 --> 00:30:35,005 I know McCarthy helped Pete Rashel. 640 00:30:35,050 --> 00:30:36,570 I trust Omar. I trust my gut. 641 00:30:36,617 --> 00:30:38,007 Omar never mentioned anyone else, 642 00:30:38,053 --> 00:30:39,273 so you didn't look for anyone else. 643 00:30:39,315 --> 00:30:40,395 Okay, so then there's gotta be evidence 644 00:30:40,447 --> 00:30:42,227 -that McCarthy was there. -I'll look again. 645 00:30:42,275 --> 00:30:46,315 - We are so close. - Being close doesn't close. 646 00:30:48,803 --> 00:30:50,983 You gotta nail McCarthy in his heart. 647 00:30:51,023 --> 00:30:52,763 - How? - Family's his Achilles' heel. 648 00:30:52,807 --> 00:30:55,327 Two wives down, kids don't talk to him. 649 00:30:55,375 --> 00:30:59,025 Sheriff deputies are the only family that he's got left. 650 00:31:02,034 --> 00:31:04,044 Okay, Mama. 651 00:31:05,472 --> 00:31:07,562 Okay. 652 00:31:15,961 --> 00:31:17,661 Alma? 653 00:31:23,142 --> 00:31:25,622 Hey, don't worry. She's coming. 654 00:31:25,666 --> 00:31:27,056 Okay? 655 00:31:31,933 --> 00:31:34,723 - Isabella? - Hey, Mama! 656 00:32:06,794 --> 00:32:09,064 Oh, so I'm nice and she's the cool one? 657 00:32:09,101 --> 00:32:10,931 - Well, duh. - Emily? 658 00:32:10,972 --> 00:32:12,322 Will you still be my friends? 659 00:32:18,240 --> 00:32:20,900 Okay? 660 00:32:45,050 --> 00:32:49,840 Okay, wait. 661 00:32:49,880 --> 00:32:51,580 Check out that time. 662 00:32:57,845 --> 00:32:59,625 Took him four minutes to call dispatch. 663 00:32:59,673 --> 00:33:01,023 - Plenty of time-- - To call McCarthy. 664 00:33:01,066 --> 00:33:03,016 You didn't get it from Rashel, 665 00:33:03,068 --> 00:33:04,548 so you have to get it from McCarthy. 666 00:33:04,591 --> 00:33:06,031 Yes, sir. 667 00:33:08,595 --> 00:33:10,635 - - No pressure, Callan. 668 00:33:10,684 --> 00:33:12,994 It's McCarthy or bust. 669 00:33:14,470 --> 00:33:17,690 The Court finds the defendant guilty of count one, 670 00:33:17,734 --> 00:33:20,304 a violation of Penal Code 273. 671 00:33:20,346 --> 00:33:23,176 Ms. Gessner, you will be placed on 48 months of probation 672 00:33:23,218 --> 00:33:26,178 and complete one year of approved parenting classes. 673 00:33:26,221 --> 00:33:27,881 Oh, my God. 674 00:33:27,918 --> 00:33:29,398 This cannot be happening. 675 00:33:29,442 --> 00:33:33,712 Ms. Gessner, you have the opportunity 676 00:33:33,750 --> 00:33:36,710 to end a cycle of violence and generational trauma 677 00:33:36,753 --> 00:33:39,023 for your daughter and perhaps even her daughters. 678 00:33:39,060 --> 00:33:40,630 - Do you understand? - I do, Your Honor. 679 00:33:40,670 --> 00:33:42,670 Before Nikki is removed from the care 680 00:33:42,716 --> 00:33:45,106 of her aunt and uncle and placed back in your care, 681 00:33:45,153 --> 00:33:47,243 you will return to this courtroom 682 00:33:47,286 --> 00:33:49,066 and prove that you are a fit mother. 683 00:33:49,114 --> 00:33:51,034 Yes, Your Honor. 684 00:33:51,072 --> 00:33:53,552 We are adjourned. 685 00:34:14,835 --> 00:34:16,445 Sara. 686 00:34:16,489 --> 00:34:18,489 This could not-- it would not 687 00:34:18,534 --> 00:34:21,284 -have happened without you. -Or you. 688 00:34:21,320 --> 00:34:23,760 I knew Nikki would take to you. Who wouldn't? 689 00:34:23,800 --> 00:34:27,720 God, you have been lugging that thing around. 690 00:34:27,761 --> 00:34:29,371 Just do it. 691 00:34:30,590 --> 00:34:34,590 It's Mark's lucky pen, 692 00:34:34,637 --> 00:34:35,937 bite marks and all. 693 00:34:35,986 --> 00:34:37,806 Very sweet. 694 00:34:37,858 --> 00:34:39,468 Kind of. 695 00:34:39,512 --> 00:34:41,342 Congratulations. 696 00:34:45,692 --> 00:34:47,742 Sara, you saved Nikki. 697 00:34:48,869 --> 00:34:50,349 Thank you. 698 00:34:52,046 --> 00:34:55,216 It felt different to help, 699 00:34:55,267 --> 00:34:57,527 not just type. I... 700 00:34:57,573 --> 00:34:59,183 had a voice. 701 00:35:01,925 --> 00:35:06,225 I think I might want some time to figure some stuff out. 702 00:35:06,278 --> 00:35:08,668 You deserve it. 703 00:35:08,715 --> 00:35:10,715 Take what you need. 704 00:35:25,123 --> 00:35:26,393 And why do you do this job? 705 00:35:26,428 --> 00:35:28,338 It's a sacrifice I choose 706 00:35:28,387 --> 00:35:30,347 to make my community a better place. 707 00:35:30,389 --> 00:35:32,519 Ms. Cuthbert, if I weren't sitting here 708 00:35:32,565 --> 00:35:35,865 impuissant, in this squander of time and tax dollars, 709 00:35:35,916 --> 00:35:38,826 -tonight I could be of service. -Objection. Your Honor, he's clearly 710 00:35:38,875 --> 00:35:40,225 trying to engender sympathy with the jury. 711 00:35:40,268 --> 00:35:42,228 Let him have his say, Counsel. It is for the jury 712 00:35:42,270 --> 00:35:45,580 to judge the credibility of the witness. 713 00:35:45,621 --> 00:35:47,231 Continue, Deputy McCarthy. 714 00:35:47,275 --> 00:35:49,575 Well, I'm simply saying, Your Honor, 715 00:35:49,625 --> 00:35:51,925 that I do what I do to protect 716 00:35:51,975 --> 00:35:57,325 your mother, your sister, brother, or father. 717 00:35:57,372 --> 00:35:58,592 No further questions, Your Honor. 718 00:35:58,634 --> 00:36:01,164 - Cross-examination? - Thank you, Your Honor. 719 00:36:01,202 --> 00:36:03,422 Mr. McCarthy, these young deputies, 720 00:36:03,465 --> 00:36:06,115 they're like family to you? - Absolutely. They're my sons. 721 00:36:06,164 --> 00:36:07,434 You protect them -over the public. -No. 722 00:36:07,469 --> 00:36:08,989 Protecting them is protecting the public. 723 00:36:09,036 --> 00:36:10,726 Sure, there are rules and laws, 724 00:36:10,777 --> 00:36:13,127 but above all else, you protect your "sons" 725 00:36:13,171 --> 00:36:14,871 and you teach them to protect one another, is that right? 726 00:36:14,911 --> 00:36:17,961 -Yes. -Who wins, Mr. McCarthy, when protecting your sons 727 00:36:18,001 --> 00:36:19,441 goes against protecting the public? 728 00:36:19,481 --> 00:36:21,611 You protect your sons, right? You protect the line. 729 00:36:21,657 --> 00:36:23,487 'Cause you'd do anything for them. 730 00:36:23,529 --> 00:36:25,179 -That's what you said, right? -You ever hear the death wail, Callan? 731 00:36:25,226 --> 00:36:26,616 I'm not the one on trial, -Mr. McCarthy. -No, you have not. 732 00:36:26,662 --> 00:36:29,672 You never forget it. You can't. 733 00:36:29,709 --> 00:36:31,709 I remember each and every one-- 734 00:36:31,754 --> 00:36:34,154 Their pitch, how guttural. 735 00:36:34,192 --> 00:36:35,852 The name they call for. 736 00:36:35,889 --> 00:36:38,199 Because I'm the one who knocks on your door 737 00:36:38,239 --> 00:36:40,239 when it's your girlfriend. 738 00:36:40,285 --> 00:36:42,585 You crumble into my arms. 739 00:36:44,114 --> 00:36:46,204 So I teach my sons how to protect themselves 740 00:36:46,247 --> 00:36:48,897 because we protect you, Mr. Callan. 741 00:36:48,945 --> 00:36:51,075 And it's not real until it is you. 742 00:36:51,121 --> 00:36:54,821 My boys need a father who can teach them 743 00:36:54,864 --> 00:36:56,174 how to stay alive. 744 00:36:56,214 --> 00:36:58,484 And you're just the man for the job, right? 745 00:36:58,520 --> 00:37:00,350 'Cause they're your family. They're your sons. 746 00:37:00,392 --> 00:37:02,262 - Are they your real family? - That's what I said. 747 00:37:02,307 --> 00:37:03,567 Or your only family left? 748 00:37:03,612 --> 00:37:05,052 Not your two ex-wives or your children, 749 00:37:05,092 --> 00:37:06,052 Michaela and Chris, who don't want to have 750 00:37:06,093 --> 00:37:07,493 -anything to do with you? -Objection. 751 00:37:07,529 --> 00:37:08,879 Question withdrawn, Your Honor. 752 00:37:08,922 --> 00:37:10,362 One final question for you, Mr. McCarthy. 753 00:37:10,402 --> 00:37:12,492 On the night that Omar Aziz was shot, 754 00:37:12,534 --> 00:37:15,844 did you receive a call -from Peter Rashel? -Yes, I did. 755 00:37:15,885 --> 00:37:18,845 He--He was scared. I calmed him down. 756 00:37:18,888 --> 00:37:20,628 Did you then meet former Deputy Rashel 757 00:37:20,673 --> 00:37:23,283 at the scene of the crime? 758 00:37:23,328 --> 00:37:25,198 Yes, I did. 759 00:37:25,243 --> 00:37:27,853 Then why is there no record of you having ever been there? 760 00:37:27,897 --> 00:37:30,337 I offered my support and then had a... 761 00:37:30,378 --> 00:37:34,208 -personal matter to tend to. -You left. 762 00:37:34,252 --> 00:37:35,992 If you're such a great father, 763 00:37:36,036 --> 00:37:38,036 why would you leave one of your sons, 764 00:37:38,081 --> 00:37:39,691 a young deputy, in way over his head 765 00:37:39,735 --> 00:37:42,345 with only you to protect him, when all he needed was you 766 00:37:42,390 --> 00:37:44,170 in his corner? - Objection. Argumentative. 767 00:37:44,218 --> 00:37:46,788 -Overruled. -You said you would do anything for one of your sons 768 00:37:46,829 --> 00:37:48,569 and yet you are such a failure of a father 769 00:37:48,614 --> 00:37:50,014 that when this young man needed you the most, 770 00:37:50,050 --> 00:37:51,920 you were nowhere to be found. Is that correct? 771 00:37:51,965 --> 00:37:54,005 - Objection, argumentative! - Or were you there for him, 772 00:37:54,054 --> 00:37:55,624 to protect him as a father? 773 00:37:55,664 --> 00:37:57,974 Of course I protected him. He needed me. 774 00:37:58,014 --> 00:37:59,494 Did you protect Peter Rashel 775 00:37:59,538 --> 00:38:01,628 by instructing him exactly how to cover up 776 00:38:01,670 --> 00:38:04,330 -the shooting of Omar Aziz? -Do not answer that. 777 00:38:04,369 --> 00:38:05,499 Did you protect Pete Rashel 778 00:38:05,544 --> 00:38:07,024 by instructing him exactly how to cover up 779 00:38:07,067 --> 00:38:10,157 -the shooting of Omar Aziz? -Do not answer that question. 780 00:38:10,200 --> 00:38:11,290 Did you instruct him how to cover up-- 781 00:38:11,332 --> 00:38:14,512 What do you think? 782 00:38:16,206 --> 00:38:19,076 No further questions, Your Honor. 783 00:38:26,260 --> 00:38:28,180 Has the jury reached a verdict? 784 00:38:28,218 --> 00:38:29,258 We have, Your Honor. 785 00:38:29,307 --> 00:38:31,867 Will the defendant please rise? 786 00:38:31,918 --> 00:38:34,958 "Superior Court of California, County of Los Angeles, 787 00:38:35,008 --> 00:38:36,438 "we the jury find the defendant 788 00:38:36,488 --> 00:38:39,268 guilty of the crime of conspiracy to obstruct justice." 789 00:38:47,412 --> 00:38:48,802 Ladies and gentlemen of the jury, 790 00:38:48,848 --> 00:38:51,678 thank you for your service. You are dismissed. 791 00:38:51,720 --> 00:38:54,680 Deputy McCarthy, you abused your badge 792 00:38:54,723 --> 00:38:57,683 and used it as a weapon of privilege, 793 00:38:57,726 --> 00:38:59,946 thinking you were entitled to break the law 794 00:38:59,989 --> 00:39:02,119 because the truth is, you carry no respect for it. 795 00:39:02,165 --> 00:39:04,205 Furthermore, you abused your position 796 00:39:04,254 --> 00:39:06,694 as a mentor and father figure 797 00:39:06,735 --> 00:39:09,385 to impressionable deputies who looked up to you, 798 00:39:09,434 --> 00:39:11,574 who trusted you with their lives. 799 00:39:11,610 --> 00:39:15,530 You bent them to your will, you led them astray, 800 00:39:15,570 --> 00:39:17,700 ruining many of them 801 00:39:17,746 --> 00:39:22,526 and perpetuating a cycle of corrupt police culture. 802 00:39:22,577 --> 00:39:24,837 You have been found guilty of Count One. 803 00:39:24,884 --> 00:39:27,674 Now the law only permits that I sentence you 804 00:39:27,713 --> 00:39:30,113 to the maximum of three years in state prison, 805 00:39:30,150 --> 00:39:31,890 and that will be your sentence. 806 00:39:31,934 --> 00:39:37,424 Bailiff, please take Mr. McCarthy into custody. 807 00:39:37,462 --> 00:39:39,252 Court is adjourned. 808 00:39:48,690 --> 00:39:51,610 - We will be back. - And I'll be here, waiting. 809 00:39:59,135 --> 00:40:00,435 Thank you. 810 00:40:16,718 --> 00:40:19,938 You must be starving. I definitely am. 811 00:40:19,982 --> 00:40:22,902 -I could order us something. -I gotta finish cleaning. 812 00:40:22,942 --> 00:40:25,472 Because someone had to come sweep me off my feet. 813 00:40:25,510 --> 00:40:26,550 Someone thinks maybe you liked it. 814 00:40:26,598 --> 00:40:28,768 Very much. 815 00:40:28,817 --> 00:40:30,427 Thank you. 816 00:40:31,385 --> 00:40:36,475 One of the side effects of how I work is tunnel vision. 817 00:40:36,521 --> 00:40:39,701 You have shown me how much bigger my world can be. 818 00:40:39,741 --> 00:40:42,481 Maybe there's a place for you in it, with me. 819 00:40:42,527 --> 00:40:44,437 You're certainly moving the needle. 820 00:40:48,358 --> 00:40:49,488 Mm. 821 00:40:54,539 --> 00:40:56,579 -Sara. -Go on. 822 00:41:01,937 --> 00:41:03,157 Hi. 823 00:41:03,199 --> 00:41:05,849 - Hi. Got a minute? - Yeah, of course. 824 00:41:05,898 --> 00:41:06,808 I'll call you, okay? 825 00:41:06,855 --> 00:41:08,025 Oh, wow. Am I interrupting? 826 00:41:08,074 --> 00:41:09,644 Never. 827 00:41:09,684 --> 00:41:11,514 No, how-- how did everything go? 828 00:41:11,556 --> 00:41:13,906 Ooh. 829 00:41:14,994 --> 00:41:17,654 Voted LA's finest sparkling cider! 830 00:41:17,692 --> 00:41:20,002 Boy. Man, you're breastfeeding. 831 00:41:20,042 --> 00:41:23,182 -Can't be chugging bottles. -Who said anything about chugging? 832 00:41:23,219 --> 00:41:25,439 - Bam! - Oh! No! 833 00:41:25,483 --> 00:41:29,663 I will be sipping 834 00:41:29,704 --> 00:41:32,624 on this fine champagne as will you. 835 00:41:32,664 --> 00:41:35,324 And you will have three glasses... Mm-hmm. 836 00:41:35,362 --> 00:41:39,242 ...and I will have one, and I will drive you home. 837 00:41:42,369 --> 00:41:45,499 Lo, I know I let you down that night. 838 00:41:45,546 --> 00:41:47,416 Mark, it's in the past. I'm not trying to relive it. 839 00:41:49,507 --> 00:41:54,117 This trial was... justice for a lot of people. 840 00:41:54,163 --> 00:41:56,513 But for me it was all about you. 841 00:41:56,557 --> 00:41:58,077 You're my guiding light. 842 00:42:00,605 --> 00:42:03,215 Thank you. 843 00:42:03,259 --> 00:42:05,169 Now tell me about Amy. 844 00:42:06,872 --> 00:42:09,312 We are apparently on a break. 845 00:42:09,352 --> 00:42:12,752 Like, -Ross-and-Rachel break? -You know I'm a "Seinfeld" man. 846 00:42:12,791 --> 00:42:14,711 Don't come at me with that Ross and Rachel nonsense. 847 00:42:14,749 --> 00:42:16,399 - Listen... - Come on, dude. 848 00:42:16,446 --> 00:42:19,706 It's like so indicative of you and Amy's relationship. 849 00:42:19,754 --> 00:42:21,674 ♪ Her name was Lola 850 00:42:21,713 --> 00:42:23,933 ♪ She was a showgirl 851 00:42:23,976 --> 00:42:26,276 ♪ With yellow feathers in her hair ♪ 852 00:42:26,326 --> 00:42:28,276 ♪ And a dress cut down to... Whoa! 853 00:42:28,328 --> 00:42:29,898 Carmichael? 854 00:42:29,938 --> 00:42:31,198 - Give me a minute? - Mm-hmm! 855 00:42:35,422 --> 00:42:36,602 ♪ She would merengue 856 00:42:36,641 --> 00:42:38,951 ♪ And do the cha-- 857 00:42:42,647 --> 00:42:45,737 - Judge Carmichael. - Mr. Sanders. 858 00:42:45,780 --> 00:42:47,570 You were right to be concerned about 859 00:42:47,608 --> 00:42:49,438 your re-election, Carmichael. 860 00:42:49,479 --> 00:42:52,179 The police union is putting someone up against you. 861 00:42:52,221 --> 00:42:53,611 They're coming for your seat. 862 00:43:04,973 --> 00:43:06,803 Stay tuned for scenes from our next episode. 62666

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