Original subtitles

♪ Then comes the pain ♪

♪ I don't wanna change ♪

♪ I don't wanna see you ♪

♪ I don't want you to leave ♪

[Laughing]

♪ I don't know why ♪

♪ I don't wanna take you down ♪

♪ well I don't wanna lift you higher in the night ♪

♪ I don't want this life to know you mean ♪

♪ to pretend that I will always be around ♪

♪ and you find yourself around ♪

♪ I could part it all to get this torn away ♪

♪ I don't wanna miss out a thing ♪

♪ and get torn away ♪

[Tires squealing]

♪ It's all torn away ♪

♪ you can't whatever you'll be saying ♪

♪ it's all torn away ♪

♪ I don't believe a thing you got to say ♪♪

(Female #1) 'We found the weapon in a trash can the alley.'

pocketknife with a four-inch blade.

Coroner thinks he died somewhere else, between midnight and two.

'The patrol car found him about 4:00 A.M.'

we ate dinner last night.

He was a friend.

[Indistinct chattering on radio]

The judge and I left the restaurant at..

11:30, 11:45.

He said he wanted to..

He wanted to walk back to the hotel.

He may have taken a little detour.

'Hooker on calvert street saw a couple of punks'

manhandle an older gent into the back of a car after 1:00 A.M.

- Calvert street? - She ID'd the judge positively.

What about these guys who grabbed him?

Didn't get a great look, she described the vehicle.

Partial plate, matches one stolen yesterday

from a convenience store parking lot.

We're looking hard.

I can't imagine what he'd be doing

in that neighborhood at that time of night.

She said they grabbed him as he came out of a bar.

The deer hunter.

The deer hunter?

The name of the bar doesn't need to go in my report.

I appreciate that.

- Are you okay? - Rough morning.

It's all over the news.

- How well did you know him? - All my life.

He and my father were college room mates and best friends.

He gave me my start in the Manhattan da's office.

I considered him my mentor, a surrogate father.

- I'm sorry. - What about the family?

Will they be coming to Indianapolis?

Delores won't fly anymore.

Billy's coming out later today from DC.

He and I grew up together. We're like brothers.

Started our careers together in the da's office under his dad.

- Is he still a prosecutor? - He's the smart one.

He got out. He's a high-powered lobbyist in DC.

We'll cover here. Go to the airport.

Too much work. I'll send someone.

You two are catching this case.

Maureen, if you could handle the coroner's office?

(Maureen) 'Sure.'

cops arrested a suspect. Matthew Simmons.

Blood over the backseat of the car

and an atm receipt on the floor..

From a bank card belonging to judge sheffield.

The bank have surveillance?

The atm footage should be here now.

- You wanna look at it? - Let's go.

Matthew Simmons.

Two people in the backseat.

(Ed) 'That might be a knife.'

this just proves Simmons used the judge's bank card.

Nothing else.

Thanks.

Preliminary coroner's report.

Deep puncture wounds to the chest and abdomen.

Facial slashes were deliberate and methodical

designed to inflict pain.

They tortured him.

I wanna talk to this bastard.

Mr. Conlon.

Jeffrey.

Didn't expect to see you here.

Well, it's not everyday a distinguished visiting jurist

gets murdered on the streets of our fair city by hoodlums.

What makes you think one of those hoodlums is my client?

Security video of Mr. Simmons using the victim's bank card

to withdraw money from a drive-through atm.

(Jeffrey) 'We could discuss pleading to that.'

fraud, larceny.

We have the car.

The lab will prove the blood on the seat belongs to the judge.

(Conlon) And we found the knife, too.

Your prints, his blood.

Game over.

I don't know anything about that.

Don't waste my time, kid.

I'm not in the mood.

Make him understand he's on the hook for felony murder.

- I didn't kill nobody. - There was someone else.

In the backseat with the judge. I want a name.

(Jeffrey) 'If he gives you that'

and a truthful account of what happened?

Well, that depends what I hear and what turns out to be true.

'Why should we talk, if you won't deal?'

Johnny June.

John Cooke, Jr.

Everybody calls him Johnny June.

We were just gonna Rob the old guy.

Get the money from the bank.

Drop him somewhere.

Why'd you torture him?

His bank code, you know?

He just wouldn't give it up.

So Johnny s-starts..

Carvin' on him.

- And after he gave it to you? - I told Johnny to stop.

But he-he wouldn't.

(Jeffrey) 'We have a deal?'

not yet.

You expect me to take this piece of scum's word for it?

Tell me how it went down.

Your friend was drivin'.

And you were in the back with the old man?

Yeah.

Using his own tie to..

To tie him up with, that was smart.

Whose idea was that? Yours?

Okay.

I respect that.

Gonna hang tough.

Not like your partner.

Talking like there's no tomorrow.

You mean Matty?

What did he say?

He said you killed the judge.

'Lab work's gonna speak volumes, too.'

gonna tell us it was your bloody fingerprints

all over that knife..

The backseat of the car...

Judge?

He was mirandized, right?

Twice, by the police and again by ed.

He hasn't invoked right to counsel.

I don't wanna lose this on a technicality.

(Ed) 'Everybody's real upset about it, too.'

if I was you, I'd think about telling my side of the story.

- Can I talk to my dad? - I'm sure he'll be here soon.

Can I talk to somebody else?

What's the matter? You don't like me?

No, I... I do.

I just need to talk to somebody else.

- Okay, that's it. - What are you doin'?

He just invoked right to counsel.

I didn't hear him.

He asked to talk to someone. No technicalities, remember?

You're right.

Ed, he just invoked. It's over.

Okay. I guess that's that until your lawyer gets here.

My dad will take care of it. Um, my dad is John Cooke, sr.

- And you're junior, right? - Right.

I need some water. You want some?

- Uh, that's Cooke with an "e." - Okay.

We live at 132 garden street, Indianapolis, Indiana 46208.

(Ed on speaker) 'Just you and your dad?'

Matty really tell you that I killed that old man?

- The judge? - Yeah, he did.

But I know he's a liar.

No, he's not.

It's true.

I did.

- He just confessed. - That's not good.

- He'd asked for a lawyer. - He just popped a confession.

That's one way to look at it. The other's ed provoked him.

It's inadmissible.

(Roberta) 'James.'

Roberta.

I'm representing John Cooke, Jr.

Somebody has to.

You prefer to play with no one on the other side

but we haven't come to that yet.

Motion to suppress my client's "confession."

You mean the one he volunteered?

I mean the one your investigator elicited by continuing

his interrogation after my client's request for counsel.

My investigator offered your client a drink of water.

Your client couldn't stop talking.

You should have stopped listening.

My client recants his confession.

- He'll plead not guilty. - Why else would he need you?

He needs me to protect him from a biased prosecutor

determined to seek vengeance for an old family friend.

[Theme music]

- Billy. - Hey, Jimmy.

I'm so sorry, man.

I know. I know.

You hungry?

[Sighs]

- Bar works for me. - Alright.

Uh, I'll have what he's having.

The detective who..

Drove me in brought me up to speed.

- He said the killer confessed. - And recanted.

His attorney has already moved to squash the confession.

- Well, is it wobbly? - A little.

If we lose it, is it a problem?

We have the car, the weapon, forensics.

The detective said there was a, a witness to the abduction.

Not the greatest. A hooker.

Well, doesn't mean she didn't see what she saw.

She saw them grab your dad.

If he only let me give him a ride to the hotel..

'This was not your fault.'

we both know how... Stubborn he was.

Let me in, Jimmy.

Let me help nail the son of a bitch.

You're the victim's son, Billy. No way.

I'm not asking to sit at the table. Just let me help.

A-A resource.

'You won't even know I'm around, unless you need me. I promise.'

alright.

Thank you.

There's something else, Billy.

The bar that your dad came out of..

A bar.

You mean a gay bar?

You knew?

- I suspected. - What about delores?

Yeah, I think my mother has spent her entire married life

not wanting to know.

I don't know what to say.

- I thought I knew him. - Nobody really knew the judge.

Especially his family.

You think this was a hate crime?

It's unlikely.

Well, if it wasn't, does this detail really need to come out?

I mean, what would be the point?

I'll do my best.

But if it has to, it has to.

- If we need her testimony. - Yeah, I understand.

Annabeth, Maureen.

- William sheffield. - Billy. Pleased to meet you.

I wish it were under happier circumstances.

I'm so sorry for your loss.

Thanks. That's very kind of you.

(Maureen) 'How long will you be in town?'

well, until this is resolved.

I promised Jimmy I wouldn't get in your way.

You can use him as a resource.

William was a formidable litigator back in the day.

Until I went over to the dark side.

Good to know.

Uh, we need to make a charging decision.

Well, I'll let you get to it.

Again, here if you need me.

'I'll call you later.'

- alright. - Ladies.

The evidence supports seeking the death penalty

against John Cooke, junior with torture and kidnapping

as aggravating circumstances.

- What about Simmons? - We need his testimony.

Which means taking the death penalty out of the equation.

Are you worried about sheffield's reaction?

I know what it will be. He wants death penalty for these guys.

So do I. But I'm more practical than he is.

I'll settle for the one who actually stabbed the judge.

So we stole a car.

- 'We?' - me and Johnny June.

John Cooke, Jr.

Johnny's all wound up, right? He wants to drive around.

And the two of you decide to Rob somebody?

- You must know everything. - Go on.

We see this old guy. Looks real easy, right?

'So I pull over, we brace him.'

'the old guy doesn't have any cash.'

Johnny gets in the back, ties him up.

I drive around, lookin' for atm.

When he doesn't give you his pin number?

Well, Johnny gets frustrated.

Starts cuttin' him.

The old dude finally gave it up.

When we got to the atm, the old man

he starts making a lot of noise.

- Hmm, begging for his life? - Basically.

So Johnny tells him to shut up.

The old guy just goes on and on.

He says, "just kill me and get it over with."

So Johnny does.

I hate this punk.

- The jury's gonna hate him too. - Agreed.

But Simmons' story matches what we know independently.

And his description of what happened

tracks with the atm footage. Tracks with forensics as well.

Explains why his prints were found beneath John junior's

and beneath the judge's blood.

He could have stopped him.

Bob would be here today.

Finalize the plea agreement with Simmons.

File the paperwork.

We're gonna seek the death penalty against John Cooke, Jr.

One count of murder

and special allegations in support of a death sentence.

- 'How do you plead, Mr. Cooke?' - Not guilty, your honor.

We request the defendant be held without bail, your honor.

'My client poses no flight risk.'

he has no passport. He lives with his father.

We ask he be released on bail.

His father's willing to put his business up as collateral.

The people are not impressed with Mr. Cooke's ability

to keep his son out of trouble, we maintain he's a danger.

Defendant will be held without bail pending trial.

James, can we talk?

Mr. Cooke asked me to explain to him why the state of Indiana

could or would seek the death penalty

against his son, even though he's slow.

Most criminals are.

You understand your son's intelligence has no bearing

on his guilt and can't be brought up at trial.

It's not a mitigating factor.

It can be a mitigating factor during sentencing.

If his son is convicted.

Which is why I wanted to talk to you before the trial.

Your son'd have to be retarded for us

to remove the capital charge.

I believe the politically correct term is Mr.

He's a person with Mr. Mental retardation.

Okay, does your son have mr, Mr. Cooke?

- You don't know? - It's not that clear cut.

Legally, either he does or he doesn't.

- What is his IQ? - We never had him tested.

'His late mother and i'

we always wanted him to think of himself as normal.

What are we doing here, Roberta?

My client refuses to be evaluated.

When I raised the issue with him, he lashed out.

Ordered me, as his attorney, not to talk to you about it.

What is it that you want this office to do?

(Roberta) You have prosecutorial discretion.

You could evaluate John, junior independently.

The kid doesn't seem retarded to me.

He's not the sharpest knife in the drawer.

He wouldn't be locked up for murder.

Prosecutors often flag the possibility

of mr in defendants.

You want us to do your work for you?

I think you're... Ethically obligated.

- But not legally obligated. - Not legally, no.

Fine.

I'll ask Dr. Perrin to do an evaluation.

- Thank you. - Don't thank me yet.

You might not like what we find.

Annabeth, there you are.

Hi, William. How are you holding up?

- Okay, considering. - What's this?

I hope I'm not outta line, but I wrote a reply brief

to Richter's motion to suppress the confession.

It outlines why her motion's without merit.

I thought you might find it useful.

But don't feel obligated.

- Thanks, I'm sure it'll help. - Alright.

The so-called confession is inadmissible, your honor.

My client had invoked his right to counsel.

Edwards versus Arizona.

If the defendant initiates further communication

after invoking his right to counsel

what he says is admissible.

He wasn't initiating anything.

Our investigator had terminated the interrogation.

Why was he still talking to him?

He was on his way when the defendant

engaged him in further conversation.

'My client was in custody.'

the context of this entire exchange was not chitchat.

It was coercive and therefore, inadmissible.

I agree with miss Richter.

'The accused had asked for counsel.'

interrogation continued. Confession is out.

It could've gone either way.

So much for sheffield's memo.

- Although it was good. - Not good enough.

- We have to rely on forensics. - And the eyewitness.

Conlon says he doesn't wanna use her if we don't have to.

He doesn't think she's very credible.

Speaking of Billy sheffield, I got an e-mail from him.

About what?

He wants to help in the jury selection.

Oh, he does, does he?

I think we have to draw the line.

I think we have to make this work.

(Dr. Perrin) 'School was hard for you?'

not so much. Um, I graduated.

Like my dad always says, I'm capable if I work hard.

It's important to please your dad, isn't it?

Yeah, it is.

(Dr. Perrin) 'Could you do me a favor? My car's in the shop.'

Ted's auto body on central.

Could you look up the number for me, please?

You do know how to use the phone book, of course?

Sure, of course.

I found it.

- 'He seemed pretty slow to me.' - But he found it.

He actually did pretty well on that test.

(Annabeth) This is confusing.

The people that we usually think of as retarded

are usually severe cases

or else they also have down syndrome.

Individuals with mild cases just blend into the population.

Many are deeply ashamed of their condition

'and greatly skilled at masking it.'

- good coping skills. - And John junior has them.

In borderline cases like his

an mr diagnosis is as much art as science.

A judgment call that can go either way.

Well, that's disturbing, given what's at stake here.

Which side of the border is he on?

He scored 76 on the IQ test I gave him.

That puts him in the bottom six percent of the population

but an mr diagnosis requires an IQ of 70.

- Or lower. - So he's not.

(Dr. Perrin) 'According to the arbitrary standard, no.'

I oppose the death penalty.

'Nothing would please me more than to tell you'

that John Cooke, Jr. has mr

if it would keep him from being executed.

'And no doubt, the defense will find someone'

'willing to say he does.'

but in my professional opinion..

He does not.

- This feels wrong. - I know.

If he would have done a little worse on that test..

One side, he lives, the other, he dies?

Maybe we should get a second opinion.

[Elevator rings]

Prosecutors commonly flag mental retardation in defendants.

But you didn't flag it. The defense did.

This is a capital case, Billy.

We got to make sure we're bulletproof.

Now we've lost his confession, thanks to your investigator...

- She was arguing your memo. - Not very well, apparently.

What's done is done.

So how bulletproof are we now?

I think we need to find another way to place Cooke at the scene.

You're talking about putting the hooker on the stand?

- I am. - You don't need to.

You got forensic evidence, Simmons' testimony.

I need to corroborate his statement.

- Not legally, you don't. - For the jury.

Billy, a petty criminal, a participant in the crime.

One with every reason to put the blame on Cooke.

- He's a terrible witness. - Oh, the hooker's better?

She saw Cooke push your father into the car.

You want a conviction? You want the death penalty?

It means the judge's secret's gonna come out.

I'm sorry about that, for your mom's sake.

Yeah, So am I.

- This is gonna destroy her. - I know delores, Billy.

She's stronger than that.

She's gonna have to give up her story.

The one she's told about who he was.

Who they were.

Is that more important than justice for your dad?

I'll tell her.

You had three experts evaluate John junior

and they all came back with the same diagnosis.

- Borderline Mr. - Borderline means "not."

Not in the legal sense of the word.

- In their opinion. - They're the experts.

There are. In a close call, they'll give us

the benefit of the doubt.

It feels so arbitrary.

Lines have to be drawn somewhere.

They're always gonna be arbitrary.

Look, you kill someone a day before your 18th birthday

you're not eligible for the death penalty.

Do it the next day, you are. You never had a problem with that.

This feels different somehow.

Well, we follow the law in this office, not our feelings.

Your views on the death penalty, miss McNamara?

I'm against it.

I think it's immoral and unfairly applied in practice.

Move to dismiss for cause, judge.

So ordered.

And the death sentence, Mr. Roth?

Absolutely 1,000 percent yes.

- Society needs it, enough said. - Move to dismiss for cause.

The prosecution in a capital case has the right to a jury

composed of jurors open to imposition of a death sentence.

You will have your death qualified jury, miss chase.

Motion denied, miss Richter.

I'd have to say I generally oppose it. In most cases.

I wish we didn't have to have it

but could I see myself voting for it?

Yeah, I could. Depending on the circumstances.

Move to dismiss for cause.

Sorry, but I haven't heard this gentleman say

he'd never vote for the death penalty.

You'll have to use your remaining pre emptory challenge.

He's acceptable to me, your honor.

- 'Miss Richter?' - 'Me, too, your honor.'

I have to say, I don't understand your reasoning.

- I'm sorry? - Why'd you accept that juror?

He'd "mistrial" and "hung jury" written over him.

Because we're down to the last two slots and juror number 22

has a problem with authority, he'd never vote to convict.

So I need to hold my remaining pre emptory challenge for him.

I think you're making mistake.

William, I know this matters deeply to you

but please, respect the boundaries.

Which means respect my judgment.

The access you're granted because of your friendship

with conlon is already verging on inappropriate.

What's inappropriate is a prosecuter taking the path

of least resistance in a capital case.

- Least resistance? - Your heart's not in it.

I can tell. And if I can, a jury can.

I've tried to handle it, but it's taking time and energy.

What possessed me to let him in on jury selection?

Your loyalty to me, your sense of obligation to this office.

His shameless begging.

The trial starts tomorrow and I'd like to have breathing room.

- He's not a bad lawyer... - He's become a pain in the ass.

- I'll talk to him. - Thanks.

Done.

Look, I've decided to call the eyewitness.

- The streetwalker. - I'll depose her.

There's something about her testimony y-you should know.

She saw the judge, just before he was abducted..

Come out of a gay bar.

- You've been sitting on that? - Didn't think it was relevant.

Relevant? What if this was a hate crime?

No evidence of that whatsoever.

You've seriously been considering burying a witness?

I was weighing the value of her testimony.

You've been protecting the judge's reputation.

I've been doing what's best for this case.

What's best for this case or for Billy sheffield and his family?

All I want is to see justice done for the judge.

That means the death penalty for a defendant who's borderline mr?

What was it you said about feelings and the law?

I'm worried, Jimmy. They've made several questionable calls.

You've got to promise me you're gonna back off.

Let 'em do their jobs.

- Feel better if you took over. - That's not gonna happen.

Billy, the prosecution could not be in better hands.

I disagree, your people aren't fully committed

to trying this as a death penalty case.

If I felt that, I would replace them.

I hope you would, Jimmy. I really do.

Believe me, I'll be watching 'em every step of the way.

This older gentleman comes out of the deer hunter.

Starts walking up bridge street.

That's when the car pulls up. These two guys hop out.

Is one of those men in the courtroom?

- Him. - The defendant. Go on.

'They grab the old man. They tie his hands behind his back.'

then he shoves him into the backseat.

The other one jumps into the driver's seat

and they take off.

Thank you.

You say you saw my client and judge sheffield?

Yes.

What were you doing at the time?

- I was talking to this guy. - Someone you knew?

A customer. A John.

You were engaged in negotiating an act of prostitution.

- Were you not? - Yeah.

Is it possible your attentions were elsewhere

than on the events you purportedly witnessed?

I'm sorry?

You think you might have been just a little distracted?

Um, maybe.

Nothing further.

Redirect, your honor.

Did you see the defendant along with another man

accost judge sheffield that night?

- Yes. - You're sure?

Even though you were also engaged in conversation

with someone else?

I'm sure. I can do two things at once.

So one more time, for the record

did you see who pushed the judge into the backseat of the car

where he was later stabbed and bled to death?

That man.

Thank you.

That hand, the hand you see thrusting six times

into the judge's body, just out of sight

is the hand of the defendant.

And in his hand is this knife.

The jury finds the defendant, John Cooke, Jr.

'On the charge of murder..'

guilty.

[Dramatic music]

'Members of the jury, thank you for your service thus far.'

'let me remind you that this is a capital trial.'

'as such, the sentencing hearing remains'

'but for now you are dismissed.'

You should know we will present a full-court press

on my client's cognitive issues at sentencing.

I thought you didn't wanna raise mr as a mitigating factor.

His father finally convinced him.

We're gonna raise it. As loudly as we can.

You're putting him on the stand?

If you won't do the right thing, the jury

once they see and hear him, will.

[Upbeat music]

Richter's gonna have a field day.

She'll make us look bloodthirsty.

- It's your job. - There's only so much I can do.

He-he's gonna be really sympathetic on the stand.

He stabbed a man to death. How sympathetic is that?

I think your closeness to the victim and his family

is impairing your judgment.

You let his son get way too involved and influence

our handling of the case from the beginning.

I'm asking you to reconsider, for the sake of the office.

I can't do that.

I made Billy a promise that I'd get justice for his father.

This feels like vengeance, not justice.

You know, I made him another promise, too.

What?

If I didn't feel you're invested in seeking

the death penalty for John Cooke, Jr.

I'd remove you from the case.

Then I think you should.

I can't, in good conscience, argue for this.

You're off the case.

I'll handle the sentencing phase.

(James) 'Miss Richter will also tell you a story.'

'she'll want you to examine, in minute detail'

every hardship, every injury

the defendant has suffered in his life.

And as you listen to this..

I want you to remember judge sheffield's final moments.

How he suffered.

Remember how his cries for mercy were met..

With one..

Two, three, four, five..

Six savage blows from a knife.

Remember that after he was killed..

His body was dumped in the streets like a bag of trash.

This defendant does not deserve your pity or your mercy.

He never showed either to judge sheffield.

[Sighs]

You face the most awesome task society can impose on you.

To decide whether a human being, just like you, lives or dies.

But you will learn that John Cooke, Jr.

Is not just like you or me.

You'll learn that John Cooke, Jr. has struggled

'his entire life to mask a secret.'

a secret so shameful, it put him in a position

where he would do anything to cover it.

John Cooke, Jr. Lacks the mental capacity

to make good judgments.

I couldn't tell you that at trial but now I can.

And if you are persuaded by what you hear..

Then according to law, you must vote to spare his life.

I feel... Destroyed.

My mother and I will mourn my father

for the rest of our lives.

We aren't the victims of this crime.

My father, judge Robert sheffield, is.

He was a valuable member of society who..

Who dedicated his life..

To the ideals of justice.

Murdered for a few hundred dollars by two petty criminals.

I ask that you impose

on the man who stabbed my 68 year old father to death..

The full punishment that the law allows.

He scored a 69 on the IQ test I administered.

'I found several significant deficits'

in his adaptive behavior as well.

In my professional opinion..

John Cooke, Jr. Has mental retardation.

'And how does this manifest itself in daily life?'

he is able to hold down only menial jobs.

He's incapable of making change, for instance

'balancing a checkbook or using a credit card.'

my goodness.

How would he manage in the world as an independent adult?

He doesn't. He hasn't.

'In fact, he's never lived on his own, only with his parents.'

he is not a fully autonomous human being.

Thank you, doctor.

Doc, does your diagnosis of the defendant in anyway

indicate he didn't know what he was doing

'when he stabbed judge Robert sheffield to death?'

he has mr, not mental illness. He is not insane or delusional.

He did know it was wrong to murder judge sheffield?

- 'Yes.' - 'he knows right from wrong?'

- 'yes.' - thank you, doctor.

I was Johnny's sixth grade teacher.

How's it he went through the entire public school system

and even graduated high school without his teachers

suspecting he needed special ed?

It was apparent to me.

This was a boy who could not even tie his own shoes

'when he came into my classroom.'

(Roberta) 'Why wasn't he tested?'

you've to get the parents' consent.

John's parents didn't want him tested?

I asked them repeatedly. They refused.

They insisted, "our boy is normal."

And really didn't wanna hear anything to the contrary.

'You couldn't do it without their consent?'

only if the child is violent, a danger to himself or others.

Which was not the case?

Johnny was a sweetheart.

Ma'am..

How old was John Cooke, Jr. when you had him in your classroom?

Uh, 11 to 12 years old.

Then, obviously you weren't around some 12 years later

when he murdered judge sheffield, were you?

Of course not.

You didn't see this sweetheart

repeatedly shove a knife into another human being's chest?

- Objection. - Withdrawn.

One more thing.

Could he tie his shoes by the time he left your classroom?

He did make progress, yes.

Nothing further.

(Roberta) 'You work at your dad's dry cleaner?'

yes, ma'am. Full-time.

Do you work the cash register?

- Not usually. - Why not?

Somebody comes in. Picks up six shirts.

Two bucks each, gives you a 20, what is their change?

Uh..

Sorry?

'Six shirts, $2 each. That's $12.'

'gives you a $20 bill. What is their change?'

I don't, um, usually make change.

'Do you know the change?'

'if I gave you a pencil... W-What if you had a calculator?'

as I said, I, I don't..

Usually do that.

You don't ever, do you?

No.

Mr. Cooke..

I'm gonna read you a list of things

that you, uh, are capable of doing on a daily basis and..

You let me know if I get anything wrong, okay?

Okay.

Shop for food, drive a car.

Wash your clothes, follow instructions at work..

- How am I doing so far? - I can do all that.

Find your way around town on your own?

- Deposit your paycheck? - Eh, sure, no problem.

I-I can even fill out, uh, the bank slip for the teller.

(James) 'Simple yes or no will be fine, Mr. Cooke.'

I don't like the machine but I can do it with the teller.

I see.

Richter plays the pity card.

Take him to a place where he's eager to show he's smart.

- That's brilliant. - Thanks.

I am grateful you took this on.

It's like I was doing it myself.

Don't tell me you're worried.

The jury liked him, Billy. Hell, I liked him.

Yeah, he threw lots of doubt.

They'll debate if he's capable.

They'll go back to the evidence.

- The evidence is strong. - Incredibly.

These guys may wonder who this kid in court is

but once they get to that tape

that's him in the backseat, torturing and killing my dad.

That's who he is. That's John Cooke, Jr.

The judge would be proud of you.

- What are we looking for? - Look at Simmons.

Adjusting the mirror, playing with the seat.

- Like he got behind the wheel. - 'You think he switched seats?'

if John Cooke, Jr. was driving he'd freeze at the machine.

We didn't see that on the tape.

If he couldn't work the atm

he wouldn't have activated the camera.

What about our prostitute who saw him get in with the judge?

She said she saw him push the judge into the car.

She admitted she might've been distracted.

She looked away for a moment and Simmons got in the backseat...

And Cooke got in the driver seat.

She looks up again. Car's driving away.

She assumes, like us, that Cooke is in the backseat.

If it was Simmons..

He's the one who tortured the judge.

I need to tell you me the truth now, John.

Who drove up to the atm that night?

Was it you or Matty?

Matty got the money out of the machine.

That's not what I'm asking you.

Did you drive the car that night?

I was in the backseat with the judge.

Tie a knot for me, John.

Show me how you tied the judge's hands behind his back, John.

You can't even tie a knot, can you?

Yes, I can.

Show me.

[Dramatic music]

Is that the only knot you know?

That's the one I use.

You didn't tie the judge up with this knot, did you?

Simmons said you got in the backseat

with the judge and tied him up.

Our witness said she saw the judge's hands

tied behind his back on the street.

Matty made me promise not to tell.

And you always do what Matty says, right?

Right.

'So you were driving that night.'

and when you got to the atm machine..

You didn't know what to do.

- No. - So you switched places.

Matty kept yelling out the numbers

and the old man was moaning

and I couldn't get the card in right

and Matty was getting mad.

Why didn't you say anything, son?

Because it was me that killed him, dad.

Matty's my friend. He shouldn't get in trouble.

After you switched places, Matty gave you the knife, didn't he?

He told me he was hurt and he was moaning.

And it was making me upset and..

He said that he wanted to die.

And Matty said that if I killed him..

At least he'd be quiet.

Both of them accosted my father and kidnapped him.

But he killed him. All because someone told him to?

What kind of defense is that?

John Cooke, Jr. Did kill your father

and he did participate in his kidnapping, no question.

- Thank you. - But he didn't torture him.

And he acted under the substantial domination

of another human being and that's a mitigating factor.

For the jury to decide!

I can't, in good conscience, leave that to a jury.

You're dropping the death penalty?

Jimmy..

Jimmy, when you promised me justice

you promised dad justice.

This is not justice.

Billy, these two men are gonna spend their lives in prison.

I know that's not what you wanted

but it's the best we can do under the circumstances.

Is it? Is it really?

I should've come clean with Billy.

About what?

The judge wasn't just in town for a meeting.

He came in to talk to me.

He wanted me to run for Attorney General.

You didn't cause his death.

I know it's irrational.

You took a really awful situation

and you got the best possible outcome.

You did the right thing.

Yeah? Then why don't I feel any better?

Whoever said doing the right thing makes you feel better?

And for whatever it's worth, I..

I think you'd make a pretty outstanding ag.

Yeah, well...

Even if you are a carpetbagger.

♪ There's a million reasons ♪

♪ to tells things would be alright ♪♪

(Female narrator) Stay tuned for scenes from our next episode.