All language subtitles for Close.To.Home.S02E15.Barren.1080p.WEB-DL.AAC2.0.H.264-squalor_track3_[eng]

[Instrumental music]

[Baby chuckles]

[Music continues]

(Female #1) I'm coming in..

Kimmy?

'Kimmy!'

[crying]

Kimmy!

[Indistinct radio chatter]

[Siren wailing]

Kimmy Johnson, 32, stabbed
once with a letter opener

found on the scene.
Severed a major artery.

Time of death between
six and eight, Friday night.

Victim's mother discovered
her body the next morning.

(Ed) 'Police arrested
Tess middleton, 32.'

prints found on the doorbell,
doorknob and the murder weapon.

Neighbors saw her car
in Johnson's driveway

around 7 o'clock.

- We sure it was hers?
- Vanity plate. "2cute4u."

(Conlon) 'Nice. Relationship
between middleton and the victim?'

up until a few years ago,
Kimmy Johnson worked for

Tess middleton's husband,
his personal assistant.

- Ah!
- Ah!

- They were having an affair.
- Everybody's first thought.

Police found no
evidence of an affair, but..

Johnson was the
middleton's surrogate.

Excuse me, surrogate?

She gave birth to their son,
Nicholas, six months ago.

Unusual to have your former
assistant be your surrogate?

Who does that?

Sounds odd to us,
but what do we know?

Surrogates are usually
strangers to the sponsoring couple.

- Younger, poorer.
- She was definitely poorer.

The middletons
are rolling in it.

Tess middleton and Kimmy
Johnson were about the same age.

Weirder and weirder.

Did Mrs. Middleton say
anything when she was arrested?

She lawyered up right away.

Cops think it might've been a
custody dispute over the baby.

Victim's mother told them Kimmy
was contemplating a lawsuit.

So which one's the
biological mother?

Tess middleton, her
eggs, her husband's sperm.

Kimmy Johnson was
strictly a surrogate.

A womb for rent, so to speak.

If this fight's for the baby she
wouldn't have much claim to him?

Not necessarily.

Surrogacy contracts are
unenforceable in Indiana.

It's much more common
for couples here to hire

a surrogate in another state.

But middleton's the
biological mother.

Presumption is
with the birth mother

though the biological
mother may ultimately prevail.

So Kimmy Johnson would've
had a strong claim for the baby?

- It's a very gray area.
- It's also a motive.

What were these people thinking?

How long had she
been extorting you?

She'd been erratic and
demanding since the beginning.

But the blackmail only
started a few months ago.

Why didn't you report
her to the police?

She said that if I told
anyone, even Carl

she would just deny it,
take us to court and go after

custody of Nicholas.

I couldn't risk that. I
was afraid I'd lose him.

(Female #2) 'If the court even
gave her temporary custody'

who knows what she would do.

Take the child and flee?

How did Kimmy Johnson
come to be your surrogate?

She offered. She'd
worked with Carl for years.

He trusted her. He said
she was the perfect person.

We knew her, she was smart.

- 'She wanted to do it.'
- Why?

To offer to carry your baby.
Didn't that seem unusual?

She said she owed it to Carl.

He'd taken her under his
wing, got her started at the firm.

He'd really been like
a father figure to her

so she said.

When she began
threatening you...

(Tess) 'I was shocked.'

if we had any idea
what she was really like...

Tell her what happened that day.

She stopped by the house
and asked for another $10,000.

- On top of?
- The 20 I'd already given her.

I told her that I would go to
the bank again on Monday.

But as soon as she
left, I thought better of it.

- So I went to her place.
- Why didn't you just call her?

I wanted to do it face-to-face.

I needed it to end
once and for all.

'Told her I wouldn't
pay her any more'

and if she threatened
again, I'd go to the police.

What was her response?

She lunged at me.

There was a letter
opener on the table

and I picked it up
only to scare her.

And that's when she
went after Nicholas.

A mother protecting her child.

Really? Then why
take Nicholas with you?

By your own account,
you put him in harm's way.

I thought if I had him with me

and she could see
how much I love him

that she would listen to
reason and leave us alone.

And after you stabbed her?

I went home, told my
husband what happened.

Your behavior that night
undercuts your story.

Why didn't you call
the police or 911?

I was scared.

The middletons were
frightened and confused

and they were about
to call the police

when Mrs. Middleton
was arrested.

About to.

Protection of a third
party is, as you know

a complete defense to murder.

You're planning to mount
an affirmative defense?

If we have to. We were
hoping you'd listen to reason.

Let's call the bailiff and
get my client released.

We still have time before
we've to file charges.

She's not going anywhere
until we investigate this further.

I need to go home now. I
have a baby who needs me.

You should've thought about that

before you stabbed
Kimmy Johnson.

(Carl) 'I got home
from work about 8:30.'

my wife was sitting on the
couch crying, inconsolable.

She told me that
Kimmy had attacked her

and she'd killed her.

I can't tell you what a
nightmare this has been.

Mr. Middleton, how
did your former assistant

come to be your surrogate?

She knew how much we wanted
a baby. We tried everything else.

Surrogacy was our last option.

You know, surrogacy contracts
are unenforceable in Indiana.

- Our lawyer told us.
- 'But you went ahead anyway.'

Kimmy was my
friend. I trusted her.

Did Kimmy Johnson ever tell you
she wanted custody of the baby?

'No. Absolutely not.'

if she'd even hinted
anything like that

I would've cut off
all contact with her.

So you don't believe
she wanted the baby?

Not really.

Of course she was
fond of Nicholas, but..

I think she threatened
a custody fight

to extort money from Tess.

Your wife made several
large cash withdrawals

from her checking account.

She says to pay
off Kimmy Johnson.

Were you aware of
these withdrawals?

Tess had her own account.

Besides, I wouldn't have
thought anything of it.

She paid for a lot of things in
cash. The housekeeper, gardener.

So she never told you
Kimmy was extorting her?

Not before that night, no.

I guess she thought she
could handle Kimmy on her own.

We both made terrible
errors in judgment.

We should've gone out
of state, hired a stranger

had an iron-clad
contract and cut all contact

with the woman after
the baby was born.

So you don't think Kimmy
was primarily motivated

by friendship for
you and your family?

I thought she was, but..

[Sighs]

I think she was primarily
motivated by money.

I should've seen
her for who she was.

I thought I knew
her, but I didn't.

We thought we were
doing everything right.

Then it went wrong.

A woman protecting
herself and her baby

from a scheming surrogate.

It's a compelling narrative
and character evidence about

the victim is admissible
in self-defense cases.

Jury might buy it.

Well, I've heard less
sympathetic stories.

There's no forensic evidence

to support Tess middleton's
claim of self-defense.

Coroner said Johnson had
her back to her assailant.

She never saw it coming.

And Mrs. Middleton has
no marks or scratches.

Nothing to suggest Kimmy
Johnson attacked her first.

The physical evidence is on
our side but it's hardly definitive.

What about the extortion claim?

Several large cash withdrawals

from Tess middleton's
checking account.

Could be consistent with
somebody blackmailing.

But Kimmy Johnson's
financial records

don't show any
significant deposits.

So she didn't leave a paper
trail. Cash is easy to hide.

- We'll keep looking.
- What about the custody issues?

Number of calls between the
surrogacy lawyer and the victim

in the days leading up to
and the day of the murder.

Ed's meeting with the lawyer.

Two women, each
wanting the same baby.

It's biblical.

[Sighs] So how do
you want to proceed?

As you say, she's a
sympathetic defendant

and the underlying law is murky.

And Kimmy Johnson is dead.

Charge Tess
middleton with murder.

One count of murder. How
do you plead, Mrs. Middleton?

Not guilty, your honor.

The people oppose
bail, your honor.

Defendant has ample
resources to flee the jurisdiction.

(Female #2) 'My client is a new
mother with no criminal history.'

'she poses no flight risk.'

we ask that she be
released on bond.

Your honor, the defendant is
accused of killing her surrogate

to keep her from contesting
custody of her baby.

If she would kill
to keep her baby

'certainly she would
skip bail to do the same.'

agreed, miss Scofield.
Defendant is remanded without bail.

[Gavel pounds]

[Whispering] It's okay. I'll
see you in a second. It's alright.

I don't care what
Mrs. Middleton said.

She wouldn't have
extorted anyone.

And she would never,
ever have used Nicholas.

She loved that baby.

Deciding to carry
her ex-boss' baby

didn't you find that a little..

I know someone who
donated a kidney for a friend.

I don't think it's much
more unusual than that.

Kimmy worked for Carl for years.

He was very generous to her.

Helped her get her
next job as a paralegal.

She knew he wanted a child

and she wanted to help them out.

The financial aspect
must have played

some part in her decision.

- She would've done it for free.
- 'But she didn't.'

the middletons paid her $35,000
plus all her medical expenses.

She didn't need the money.

I did.

After Kimmy's father died

I couldn't make the
house payments.

I needed $30,000 to
stop the foreclosure.

So, when the middletons
needed a surrogate

Kimmy thought it would be
a way to help Carl and me.

You told the police
your daughter wanted

custody of Nicholas.

She bonded with that baby.
Felt him kick in her womb.

When he was born,
she held him in her arms.

Tess middleton is his mother.

You have no
biological tie to him.

Doesn't matter.

We felt he was ours
as much as theirs.

The custody claim, why now?

The surrogacy agreement
said Kimmy had to provide

pumped breast milk.

For the first six months,
which were almost up.

She told me she was afraid

when she wasn't
doing that for them

Tess middleton
would shut her out

and she'd never
see Nicholas again.

That's how it works. The
surrogate gives up the baby.

It's still not right.

Yeah, Kimmy called.

She asked if the
surrogacy agreement

could be extended
another six months.

I told her that the
middletons would never agree.

That they wanted to
close the chapter on this

and move on with their lives.

- I suggested she do the same.
- How'd she take that?

Pitched a fit. That was her mo.

You sure she just didn't wanna

stay connected to
the baby a little longer?

This had nothing to do with
staying connected to the baby.

She manipulated
Mr. and Mrs. Middleton

'throughout the pregnancy.'

demanded extra
money through tantrums.

She was a complete
pain in the ass.

- Manipulative, scheming...
- You knew about the extortion?

Kimmy was clever.

The demands escalated over time.

At first, they were
reasonable, more or less.

Then they got more
and more outrageous.

And the threats got
less and less veiled.

You talking about
a custody claim?

Mm-hmm. Yeah, I told
Mrs. Middleton immediately.

She wasn't pleased,
but I talked her through it.

Assured her she'd
prevail in court.

You didn't report the extortion
as an officer of the court?

I didn't want
Kimmy to go to jail.

I thought we could work it out.

Plus, I know how
fond Carl was of her.

Did you tell Carl
middleton about any of this?

No. Mrs. Middleton
begged me not to.

- 'Including the extortion?'
- Mm-hmm.

How could he not know?

Kimmy wasn't going to tell
him, and neither was Tess.

She just wanted to pay Kimmy off

have the whole
thing go away quietly.

You were Kimmy's lawyer, too.

Why didn't you just
tell her to back off?

I tried.

Unfortunately,
she didn't listen.

And look what happened.

Whose idea was the
six-month provision anyway?

Mrs. Middleton's
fertility doctor.

He's a breast milk freak.

I recommend that all my new
mothers provide their babies

with a
breast-milk-based diet for

at least the first six months.

And Kimmy Johnson agreed
to the six-month arrangement?

She agreed to provide
pumped milk even longer

at least a year.

But the middletons
wanted to switch to formula

after six months.

Because?

They wanted the surrogacy
to end as soon as possible.

- 'Understandable.'
- I can see that.

It's a complicated situation

even under the best
of circumstances.

Why did she choose the
surrogacy route in the first place?

She had no choice. She
wanted her own biological baby.

When she learned
that her uterine wall

was too thin to conceive

she tried fertility
drugs, shots..

It's expensive
and uncomfortable.

You have to really want it.

Mrs. Middleton wanted
that baby so badly.

Kimmy started at Broderick
and sons as a receptionist

right after college.

She and Carl hit
it off right away.

She was like his protege.
Everybody liked Kimmy.

Did you ever observe the
middletons and Johnson

together during the surrogacy?

They all stopped by the office
one day after an ultrasound.

Carl and Kimmy were so excited.

And Tess middleton?

Mrs. Middleton seemed distant.

What do you mean?

Everyone was oohing
and aahing over Kimmy

because she was pregnant.

You know, trying
to feel her belly

and telling her she was glowing.

I overheard Tess tell
Carl, "it's my baby."

Porter's gonna have to
put Tess on the stand.

When she does, we
should be able to discredit

every aspect of her story.

We need to paint a positive
picture of Kimmy Johnson.

Joyce will corroborate
middleton's story.

He's a "disinterested
party," who will testify

that Johnson was a manipulative,
money-grubbing con artist.

I'm not sure Joyce
is so disinterested.

The middletons
were much more likely

to refer wealthy clients to him.

He benefits from
siding with them.

We'll still need to
counter his portrait

of Johnson's behavior
as a surrogate.

I'm convinced Carl
middleton can do exactly that.

He may be the only one, but
he won't testify against his wife.

Anything in the financial
stuff to suggest extortion?

No. But this is odd.

Two gynecologists
billed Tess middleton's

insurance company
during the same period.

Who besides Dr. Jewell?

Uh, a Dr. Diane Fernandez
also billed her insurance.

Why would Tess middleton
have two gynecologists?

Did you do fertility procedures
with Mrs. Middleton?

I can confirm that Tess
middleton is a patient

but that's all I can say.

Tess middleton is accused
of killing her surrogate.

You don't want to impede
a homicide investigation.

I also don't want
a malpractice suit

for violating
doctor-patient privilege.

Now, if you'll excuse
me, gentlemen.

I have patients to see.

- Well, we tried. What now?
- We could try for a subpoena.

On what grounds? She
had too many doctors?

Haven't talked
with the nurses yet.

[Chuckles]

(Female #3) You know I
can't talk about the patients.

(Ed) I don't want you to.
I wanna buy you lunch.

- Where?
- The grill.

You have to do better than that.

Oh, you're killing me.

- Marseille?
- I'm off at one.

- I'll pick you up.
- Great.

Now, about Tess middleton.

I told you, I'm not
allowed to talk...

I'm not asking you to
tell me anything directly.

We know she went to
another gynecologist.

I didn't know that.

You don't need to
say anything new.

Just confirm what
that doctor told us.

Okay. I guess I can do that.

He was treating
her for infertility?

Mrs. Middleton didn't
want to get pregnant.

Mrs. Middleton
couldn't get pregnant.

The other gynecologist told
us her uterine wall was too thin.

- Well, yeah.
- And what does that mean?

There are lots of reasons a
uterine wall can be too thin.

Say, you're on
oral contraceptives.

Are you saying Mrs.
Middleton was on the pill?

Let me put it this way.

I don't think
this is privileged.

She once told me, outside
the office, woman to woman

that she never
wanted to get pregnant.

Not in a million years.

Wouldn't her doctors have known?

Oral contraceptives don't
show up on blood tests.

Doctor wouldn't suspect
she was on birth control

unless she told him or her.

Why would Tess
middleton fake infertility?

Don't know for sure, but she
was on the pill the entire time.

So the fertility drugs,
the shots, all a sham?

Why would she go through
trouble to avoid having a baby

but agree to the surrogacy?

Must've been the
pregnancy she objected to.

The weight gain?

The weight gain, the
morning sickness, the labor.

Beautiful thing, but
not for the faint of heart.

She lied to her doctor,
her friends, her husband.

When she takes the stand,
we can impeach her credibility

with the birth control evidence.

Except we may not
be able to use it at trial.

- Why not?
- Got information from a nurse.

- 'Meaning, it's privileged?'
- That's what I'm asking.

How'd you get it?

Offered to buy her lunch.

In other words, you
charmed it out of her?

Porter's gonna be all over this.

Wanna bet we've a motion to
suppress before the day's out?

- I won't take that bet.
- We needed a lead.

Thought it'd be better
to have it than not.

Nurse isn't a doctor. Maybe
the privilege doesn't apply.

Let's hope the judge agrees.

I'll draft the answer to the
motion we know is coming.

Annabeth, I finally
filed the bishop brief.

- I have a copy here for you.
- Thanks.

Still can't get my head
around the fact that the guy

who killed my husband
may actually win this appeal.

I couldn't take all your notes.

You didn't take any of
them, as far as I can see.

I did what I could.

I did the research,
checked the case law.

I felt they were coming as the
victim's spouse not as a lawyer.

I hope you're okay
with what I've done.

I'll take a closer
look after I finish

dealing with the
suppression motion.

(Annabeth) Your honor,
nurse boyler is a nurse.

She has no medical degree.

If the legislature intended
doctor-patient privilege

to cover nurses, they
would've said so in the statute.

Nurse boyler worked
under the direct supervision

of Dr. Fernandez.

All nurses work under
the supervision of a doctor.

Except that nurse boyler
was working in the capacity

of a doctor when
she treated my client.

She dispensed medication.

I gave another prosecutor
an aspirin yesterday.

Do I suddenly
qualify as a physician?

Well, the obvious
difference, counselor

is that nurse boyler gave my
client prescription medication.

I have an affidavit here from
Dr. Fernandez to this effect.

Miss chase?

Tess made statements
off the cuff to nurse boyler

that had nothing to do
with her medical care.

Now she's trying to
hide behind the privilege.

The state's investigators
chatted up nurse boyler

to get her statement.

She thought she was having
a confidential conversation.

Is the defense suggesting
we don't have a right

to question potential witnesses?

I agree with miss Porter.

Dr. Fernandez
ordered nurse boyler

to treat Tess middleton.

Statement is suppressed.

Without the nurse's testimony...

We'll have nothing to
impeach Tess middleton with

when she takes the stand.

Let's have ed and ray talk
to everyone who's known her.

- How'd she meet her husband?
- Thank you.

He was a member at the
gym she was working at.

Kensington sports
club, personal trainer.

Oh, I know that club.

Hot young trainers,
out-of-shape investment bankers

looking for trophy wives.

You can always get a treadmill.

[Both laughing]

She never wanted a baby
until Carl came through the door.

(Ed) Why is that?

Didn't want the weight gain

the stretch marks,
the swollen feet.

- Why'd that change with Carl?
- She said she was in love.

- But you don't buy it?
- I don't like to gossip.

This is a murder investigation,
hon. You got permission.

- Tess was a trader-upper.
- Trader-upper?

She'd date a guy and dump him
when she found someone richer.

- Why stop at Carl middleton?
- Who said she stopped?

Tess middleton's
a piece of work.

When she met Carl

she was officially in
love and oh-so-reformed.

Couldn't wait to make meat
loaf and start cranking out kids.

He bought her whole act.

And he wasn't the only one.

I bet a girl like that's
got a few ex-boyfriends

who'd be willing to dish.

I'll give you a list.

Tess left me for Carl middleton.

You don't sound so
broken up about it.

I knew what she
was from the start.

I didn't care
'cause she was hot.

- What kind of girl was she?
- Ambitious is one word.

- Gold digger, another?
- Ah, she is what she is.

No hard feelings. I
got what I wanted.

I feel bad for
middleton, actually.

- Why is that?
- 'He married her.'

poor guy hasn't got a clue.

You know that song,
"you call it jogging

but I call it running around?"

That was Tess.

I saw her with another
guy about a month ago.

- You think it was a date?
- I think it was a hookup.

She tried to spin the
whole just-a-friend angle

when she saw me, but
they were all over each other.

- All over each other?
- Public display of affection?

The kind where you want to
yell, "hey, you two, get a room."

Any idea who the guy was?

I'd never seen him before.

I heard Tess call him by name.

One of those poofy
British names, you know.

Like, Albert or aloysius,
something like that.

Alistair? Like,
uh, alistair Cooke?

Alistair, that was it.

Alistair Joyce.
Surrogacy lawyer.

I'd say the affair cast out on
Mrs. Middleton's credibility.

Not to mention Joyce's.

Representing both parties to a
contract sleeping with a client.

He's really racking them up
for the ethics review board.

Middleton and Joyce
are the only witnesses

who can testify to
Johnson's alleged extortion.

Use the affair to impeach
the testimony of both lovebirds.

What about Carl? Shouldn't
we take another run at him?

So far, he's
standing by his wife.

Well, maybe the affair
will make him reconsider.

I'm won't testify
against my wife.

I'm not asking you to do that.

I'm asking you to testify
for Kimmy Johnson.

Defense is gonna paint her
as an opportunistic extortionist.

You trusted her
to carry your child.

Kimmy Johnson lost that trust

when she attacked Tess
and tried to take Nicholas.

Are you aware your wife was
having an affair with Joyce?

I don't believe that.

We have an eyewitness
who saw them

at northside park
being intimate.

You've an eyewitness who
claims she was on the pill, too.

My wife wasn't on the pill,
she's not having an affair.

I'm not gonna
testify against her.

I'm not gonna help you
put my wife in prison.

Now if you'll excuse me, I've
to go pick up my son at daycare.

(Maureen) 'You saw Tess
middleton and alistair Joyce'

'embracing at the park?'

if that's what
you wanna call it.

- Well, what would you call it?
- Making out. Getting it on.

- 'Did that surprise you?'
- 'Not particularly.'

why not? A married woman.

Tess has always
had lots of boyfriends.

- Including you?
- Yeah.

But that was before
she was married.

People don't change.
She was a player.

(Maureen) 'How long
did you go out with her?'

(borthwick) 'A few months. She
dumped me for Carl middleton.'

- were you surprised by that?
- Not at all.

She told me that
she'd dump a boyfriend

soon as she could trade
him in for someone richer.

Did she ever mention
wanting to have a child?

- She mentioned not wanting one.
- 'Did she say why?'

she didn't want to get pregnant.

'Tess was obsessed
with her weight.'

'she barely ate,
worked out all the time.'

lot of women worry
about their weight.

Tess was on the pill, too.

Having a baby
would ruin her figure.

Did she say that?

Few months before her marriage

she told me that
Carl wanted children.

Had that changed her
mind on the subject?

Hardly. She said
the idea of getting fat

to have a baby
turned her stomach.

No further
questions, your honor.

My client dumped
you for Carl middleton?

Yeah.

You sound a little
defensive, Mr. Borthwick.

Isn't it true that you were so
angry when Tess middleton

broke off your relationship,
that you repeatedly made calls

to her place of employment?

I might've called once or twice.

And when my client didn't
return those phone calls

you waited outside the club
until you was asked to leave?

(Borthwick) 'I
belong to that gym.'

did that entitle
you to lurk outside

waiting for employees
to get off work?

It wasn't like that. I wasn't
stalking. I wanted to talk.

Isn't it true you're so
angry with my client

for breaking up with you
that you'd say anything

to get back at her?

Nothing further.

When Kimmy called me,
she only wanted to know

how much the middletons
would owe her in child support

if a court gave her custody.

But more child support would
have been better for Nicholas.

Didn't Kimmy Johnson just
want what was best for the baby?

Definitely not.

Kimmy would
accuse Mrs. Middleton

of bad parenting until
she wrote a check.

'Kimmy Johnson
just wanted money.'

all surrogates do.

- Objection!
- 'Sustained.'

nothing further.

Dan borthwick testified that
he saw you and Mrs. Middleton

making out in northside park.

Mrs. Middleton and I have

a strictly professional
relationship.

All Dan borthwick saw was
simply a lawyer consoling his client.

Oh, is that what they
call it these days?

- Objection!
- 'Miss Scofield?'

withdrawn. Why were you
consoling Mrs. Middleton?

She was upset about
Kimmy's behavior.

'The threats and demands.'

we were discussing
whether we should

tell her husband about it.

How far is your
office from the park?

It's about an hour, I guess.

Do you drive that far to
make love to your clients?

- Objection!
- 'Sustained.'

an hour each way is a long
way to meet with a client, isn't it?

There's a restaurant on the
northside that I wanted to try.

Lobster flown in from Maine.

Because it was so far
out you knew Mr. Middleton

would never see
the two of you there.

Objection! Asked and answered.

- 'Yes, it was.'
- No further questions.

So much for impeaching
Joyce with the affair.

Don't think I laid
a glove on him.

He's hiding something.
The jury must've seen that.

He still made Kimmy
Johnson look like an aggressive

manipulative extortionist

who acted in character the
night she attacked Tess middleton.

We need to counter.

We could put her mother on
the stand, sympathetic witness.

Jury may feel for her,
but they'll never see her

as an impartial witness.

You wanna take a
final stab at getting Carl

to testify to Kimmy's
behavior during the surrogacy?

Could call him as
a rebuttal witness.

Maybe, if we could convince him

with irrefutable proof
of his wife's affair.

Joyce said he was meeting
Tess middleton for dinner

the night borthwick
spotted them, right?

Mm-hmm. A lobster restaurant
he wanted to try on the northside.

How many lobster restaurants
could there be in Indianapolis?

They come in here a couple
times a week. Big tippers. That lady.

- Tess middleton.
- Mr. Joyce's latest.

His latest?

- He's had a lot of girlfriends.
- A ladies' man?

He's in here with a different
woman every night of the week.

And the moment she steps away

he starts flirting
with the waitresses.

- Were they intimate at dinner?
- Intimate?

- Smooching, touching, you know?
- They just ate.

They must have saved
the intimacy for after dinner.

Went someplace else for dessert.

- Any idea where?
- Sure. Right upstairs.

Mr. Joyce always made a room
reservation so he could spend

some alone time with
his lady of the evening.

How often would he
book a room with her?

Every Tuesday and Thursday.
20 people here will back me up.

We all remember Mrs. Middleton
because she'd always ask about

all the ingredients in the food.

Never wanted anything
made with butter or cream.

We called her "the substitute."

- If you'll excuse me.
- Thank you.

Quite the ladies' man.

No wonder middleton
was on the pill.

She got pregnant, he'd
drop her like a hot potato.

(Carl) Look, so she had lunch
with alistair. He was our lawyer.

They rented a room every
Tuesday and Thursday night.

We have affidavits
from the waitresses

the concierge, the bellboy.

Everybody at pine hill knew
they were sleeping together.

What is it you want from me?

I know you're trying
to protect your family

but please testify.

Your wife betrayed you.
She took oral contraceptives

to prevent a pregnancy
so she could keep her lover.

She wasn't taking birth control

when she was
trying to get pregnant.

- She was.
- You can't prove that.

We can't because of
doctor-patient privilege

but we know that it's true.

Your wife's lover
testified yesterday

that Kimmy Johnson was
an aggressive extortionist.

Is that the Kimmy
Johnson you knew?

[Sighs]

No.

When she found out you
were looking for a surrogate

she offered to do it.

I tried to talk her out
of it, but she insisted.

You really think she
did it for the money?

Her mother said she
would have done it for free.

I think she would have.

- I really do.
- Then stand up for her.

You're the only
person who can testify

about how she really
behaved during the surrogacy.

I thought it was strange
that she came home so late

but Tess said that she went
out with the girls after class.

(Annabeth) 'Did she
tell you where she went?'

yes, but she was always vague.

- Did you suspect an affair?
- It crossed my mind.

I'd always been lucky in
business and unlucky in love..

Till I found Tess,
or so I thought.

I guess I..

Just didn't want
to know the truth.

While your wife
was cheating on you

Kimmy Johnson was
carrying her child, your child.

'Yes.'

how did Kimmy Johnson
behave during the surrogacy?

She was responsible, caring.

Always so genuinely
concerned about Nicholas.

All through the pregnancy
and after giving birth as well.

Did you ever witness
anything that suggested

she was extorting your wife?

No, never.

When Tess told me that Kimmy
was extorting her, I was shocked.

It just didn't compute
with the person that I knew.

The night of the murder,
how did your wife behave

after she came home and told
you she killed Kimmy Johnson?

She was so calm that I
thought she was in shock.

You told the police
she was distraught.

- I thought she was.
- Crying, inconsolable.

I lied.

I was trying to protect my wife.

(Annabeth) 'Thank
you, Mr. Middleton.'

you told investigators
that you found your wife

crying over the killing when you
got home from work that night.

- As I said, I lied.
- 'Or you're lying now.'

why should we believe
anything you say?

I love my wife.

'I don't wanna believe
that she would cheat on me'

or lie about her fertility..

Or about Kimmy, but
I need to tell the truth.

Kimmy Johnson was a good person.

You don't have any
idea what went on

in Kimmy Johnson's
house that night, do you?

No.

Mrs. Middleton, why did you go
over to Kimmy Johnson's house

the day she died?

Because Kimmy found out

I was having an affair
with alistair Joyce.

Mrs. Middleton, I
asked you why you went

to Kimmy's house that day.

Like I said, because
Kimmy found out

about my affair with alistair.

Mrs. Middleton, we discussed
your self-defense claim

and your defense of a
third-party claim in trial prep.

I'm sorry..

But now that my
husband has turned on me

'i need to tell the truth.'

your honor, objection.
What is counsel up to?

Your honor, I have no idea
what my client is going to say.

I'd like to make a request
that she testify in the narrative.

- Objection!
- 'Overruled.'

request is granted.

Mrs. Middleton,
you may continue.

When Kimmy stopped by that
day, she caught us, alistair and me

in a... Compromising position.

My husband had thrown alistair
a lot of business at my request

and he was terrified Carl
would find out about the affair.

He wanted to go to
Kimmy's house to talk with her

and I went with him.

(Jenkins) 'Please
continue, Mrs. Middleton.'

what happened at
miss Johnson's house?

Alistair begged Kimmy not to
say anything about the affair

but she said she was
going to tell Carl everything.

That Carl would be so
desperate to keep testimony

about the affair away
from a custody judge

that he would pay anything

and... that's when..

That's when what?

That's when alistair took the
letter opener off of the table

and stabbed her with it.

[Indistinct murmuring]

(Jenkins) 'Order! There
will be order in this court.'

The people request
a mistrial, your honor.

Defense counsel filed
an affirmative defense

and is now trying to
sandbag the prosecution

by abandoning it at trial.

I had no idea Mrs.
Middleton would change

her defense on the stand, judge.

As her attorney, I can't
tell her what to say.

A defense attorney
has an ethical obligation

not to suborn perjury.

Which is why I
requested she testify

in the narrative, your honor.

I agree, miss Porter,
you acted appropriately.

Your honor, the prosecution
is now severely prejudiced.

The people have not had
time to prepare a trial strategy

to combat the
defendant's trial stunt.

I'll Grant you a continuance,
miss Scofield. Two days.

[Sighs]

She waits until she's at
trial to point at the boyfriend.

Could be enough to
create reasonable doubt

in the minds of the jurors.

And if it's true?

Soon as he heard
about her testimony

Joyce denied any
involvement and got a lawyer.

Right now we don't
have anything against him

other than Tess
middleton's accusations.

We need to check her story.

I looked back at
the murder book.

There was some blue
cashmere fibers at the scene

that were never matched
with either Kimmy or Tess.

Let's see if they
match for Joyce.

- I'll get the search warrant.
- I'll come with you.

Tess middleton is a desperate
woman on trial for murder.

- She'd say anything.
- Your lawyer's on his way?

[Sighs] Be here any minute.

Didn't he advise you
not to say anything?

- Yes.
- Follow it.

Nice pad.

I don't know. Could
use some doilies.

Doilies?

Yeah, something to
warm the place up.

- How about a blow torch?
- Ooh, nice threads.

(Ray) I'm a cashmere
kind of guy myself.

Please be respectful
of my property.

You always go for the
same type, don't you?

Young, beautiful, slender.
Emphasis on slender.

I'm not going to answer
any more questions

'till my lawyer's present.'

you keep saying that and
yet you just keep talking.

Hey, ray.

Blue cashmere.

I like cashmere, but it sheds.

Didn't realize you left some
of this at Kimmy Johnson's.

I forgot. He's not
answering any questions.

You just have to nod
your head, brother.

You have the right
to remain silent

because as you very well
know, anything you say

can and most likely will be
used against you in a court of law.

- Nice Miranda.
- 'Thanks.'

full immunity in exchange
for my client's testimony

against Mrs. Middleton.

Not a chance. We
can prove he was there.

Fibers from his sweater match
fibers found at the crime scene.

Even if he was there,
there's no evidence

to suggest he stabbed her.

At the very least,
he helped cover it up.

What are you offering?

Assisting a
criminal, eight years.

Four suspended.

Tell me what happened.

[Sighs]

We knew Carl wasn't going
to be home for several hours.

You were at the middleton house?

- Yeah. Downstairs on the couch.
- What were you doing?

Do I need to paint
you a picture?

Please, don't.

We were enjoying ourselves

when we heard a
knock at the front door.

Before we had time to
react, the door opened..

And there stood Kimmy Johnson.

Did she see you were
with Mrs. Middleton?

Oh, yeah.

In flagrante delicto.

And, uh, believe
me. It was delicto.

Kimmy rushed out of the
house. I called her on her cell.

You thought you could
talk her into keeping quiet?

I thought we could
work something out

but she was hysterical.

- So what did you do?
- Tess and I argued.

Tess wanted to go
over to Kimmy's house

try to pay her off.

- And did you go?
- Tess drove.

- 'What happened there?'
- 'Tess went inside.'

I stayed in the
car with the baby

until I heard them
arguing inside.

- 'Did you go into the house?'
- 'Yes.'

- 'did you bring the baby?'
- 'No, I left him in the car.'

what did you see in there?

[Sighs]

Kimmy was lying on the
floor in a pool of blood.

Tess had just stabbed her

'and was still holding
the letter opener.'

- 'why didn't you call 911?'
- 'Kimmy was already gone.'

did Mrs. Middleton say
why she stabbed her?

She said that Kimmy
threatened to expose the affair.

She said she was going to
sue for custody of the baby.

Why didn't you call the police?

I was afraid that they
would think I was involved.

Did you promise Mrs. Middleton

that you wouldn't
call the police?

We were the only two people

who knew what
happened in that house.

We agreed not to
sell each other out.

(Jenkins) 'The state of
Indiana vs. Tess middleton.'

the jury finds the defendant
for the charge of murder guilty.

[Instrumental music]

Thank you, miss chase.

You're welcome.

Mr. Middleton, thanks
again for testifying.

I know it wasn't easy.

It was the right thing to do..

For Kimmy..

And for my son.

- I'm sorry for your loss.
- Our loss.

I know you cared for Kimmy.

I thought the world of her.

I hope you'll come see Nicholas.

I will. Thank you.

The funny thing is, I don't
think Carl would've left her

if she just told him
she didn't want a baby.

She didn't have
to go through that.

People assume
everyone's like they are.

Tess wanted Carl for his money.

She assumed he wanted her
for equally shallow reasons.

He would have found
her out eventually.

Not everyone has a prosecutor's
suspicious mind, annabeth.

[Sighs]

About the bishop case.

You're not used to
sitting on the sidelines.

I'm not just the victim's
spouse, Maureen.

I'm also a good lawyer.

Maybe it wasn't the best
idea for me to take the appeal.

We can give it back to the
Attorney General's office.

No, I want you to
handle the appeal.

- Then I need you to trust me.
- I do trust you.

I promise I'm gonna try to be
more zen about the whole thing.

More zen?

[Chuckles]

We'll see how that goes.

What are you saying?

[Both laughing]

[Theme music]