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close.to.home
Season 2 Episode 17

We found a weapon in a trashcan
at the end of the alley--

a pocketknife with a three-inch blade.

The coroner thinks
he died somewhere else,

between midnight and 2:00.

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

We had dinner last night.

He was a friend.

We left the restaurant about 11:30, 11:45.

He said he wanted...

he wanted to walk back to the hotel.

He may have taken a little detour.

A hooker on calvert street saw a couple of punks

manhandling an older gent
into the backseat of a car

a little 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 gave us a description of
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
roommates and best friends.

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

-I considered him my mentor,a surrogate father.
-I'm so 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.

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

-He still a prosecutor?
-No, he's the smart one.

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

We'll cover here.Why don't you
go to the airport and meet him?

Too much work to do here.I'll send someone.

You two are catching this case.

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

Cops arrested a suspect--

matthew simmons.

Blood all over the backseat of the car

and an atm receipt on the floor

from a bank card belonging to judge sheffield.

-Bank have surveillance?
-The atm footage should be here now.

-You want to look at it?
-Let's go.

Matthew simmons.

Two people in the backseat.

That might be a knife.

This just proved 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 want to talk to this bastard.

Mr. Conlon.

Jeffrey.

I didn't expect to see you here.

Well, it's not every day

a distinguished visiting jurist
gets murdered on the streets

of our fair city by a couple of 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.

We could discuss pleading to that:

Fraud, larceny.

We have the car.

The lab will prove the blood in the backseat
belongs to the judge.

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 car
in the backseat with the judge.

I want a name.

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 now if you won't deal?

Johnny june.

John cooke, junior.

Everybody calls him johnny june.

We were just going to 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 starts...

carving on him.

And after he gave it to you?

I told johnny to stop.

But he-he wouldn'T.

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 driving,

and you were in the back with the old man?

Yeah.

Using his own tie

to tie him up with--that was smart.

Whose idea was that? Yours?

Okay.

I respect that.

Going to hang tough.

Not like your partner,

talking like there's no tomorrow.

You mean matty?

W-what he say?

He said you killed the judge.

Lab work is going to speak volumes, too.

It's going to 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 want to lose this on a technicality.

Everybody is real upset about it, too.

If I was you, I'd start thinking
about telling my side of the story.

Can I talk to my dad?

Yeah, 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 doing?

He just invoked right to counsel.

I didn't hear him ask for counsel.

He asked to talk to someone else.

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.

My dad is john cooke, senior.

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

I need some water.You want some?

-That's cooke with an "E."
-Okay.

We live at 132 garden street
indianapolis, indiana 46208.

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.

The interview was over.He asked for a lawyer.

He just popped a confession on his own.

That's one way to look at it.

The other is ed provoked him into it,
and it's inadmissible.

-James.
-Roberta.

I'm representing john cooke, junior.

Somebody has to.

I know you'd prefer to play with
no one on the other side of the net,

but we haven't quite come to that yet.

Motion to suppress my client's
quote, unquote, 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.

-Billy.
-Hey, jimmy.

-I'm so sorry, man.
-I know.I know.

You hungry?

Uh, bar works for me.

I'll have what he's having.

The detective who drove me
in brought me up to speed.

He said the killer confessed.

Then 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 witness to the abduction.

Not the greatest: A hooker.

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

She saw them grab your dad.

Bill, if he only let me give him
a ride back to the hotel...

nah, 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, just let me help from the side;
a-a resource.

You won't even know I'm around unless you need me;

I promise.

All right.

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.

Okay, 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.

How long will you be in town?

Well, until this is resolved.

But not to worry.I just 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.

Well, until I went over to the dark side.

Good to know.

Uh, we know to make a charging decision.

Well, I'll let you get to it.

Again, here if you need me.

I'll call you later.

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
william sheffield's reaction?

I know what his reaction will be.

He wants the death penalty
for both 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, junior.

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.
He looks real easy, right?

So I pull over; we brace him,

except the old guy doesn't have any cash on him.

So johnny gets in the back,ties him up,

and we drive around and look for a atm.

And when he doesn't give you his pin number?

Johnny gets frustrated.

Starts cutting him.

The old dude finally gave it up.

When we got to the atm,the old man--

he starts making a lot of noise, you know?

-Mm, 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 going to 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 going to seek the death penalty
against john cooke, junior.

*** of murder

*specail

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.

Your honor, my client poses no flight risk.

He has no passport.He lives
and works with his father.

We ask he be released on bail.

His father is willing to put
his dry-cleaning business up

as collateral for bond.

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

to keep his son out of trouble.

We maintain the defendant
is a danger to the community.

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.

Mr. Cooke, you understand your son's intelligence

has no bearing on his guilt or innocence,

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 now before the trial.

Your son would have to be retarded for us

to remove the capital charge,mr. Cooke.

I believe the politically correct term is mr,

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?

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,

but then he wouldn't be locked
up for murder, would he?

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 out of line,

but I wrote up 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.
-All right.

The so-called confession is
clearly inadmissible, your honor.

My client had invoked his right to counsel.

Edwards V. 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.

Then why was he still talking to him, annabeth?

He was on his way out of the room

when the defendant engaged him
in further conversation.

My client was in custody.

The context of this entire exchange
was not casual chitchat;

it was coercive and therefore inadmissible.

I agree with ms. Richter.

The accused had asked for counsel;

the interrogation continued.

The confession is out.

It could have gone either way.

So much for sheffield's memo,
although it was pretty good.

Not good enough.
We'll have to rely on forensics.

And the eyewitness,the prostitute.

Conlon says he doesn't want to
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 this morning.
-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.

-School was hard for you?
-Not so much.

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.

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.

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.

That's disturbing,
given what's at stake here.

What 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.

According to an arbitrary standard, no.

I oppose the death penalty.

Nothing would please me more than to tell you

that john cooke, junior 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.

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.

Oh, so now that we've lost cooke's confession,

thanks to your investigator and your prosecutor?

-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 prostitute 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 on earth
to put the blame solely on cooke.

-He's a terrible witness.
-Oh, and 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 is going to come out.

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

Yeah, so am I.

-This is going to destroy her.
-I know delores, billy.

She's stronger than that.

She's going to have to give up her story,

the one she's told her
whole life 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 experts in a close call like this

that are going to give us
the benefit of the doubt.

It feels so arbitrary.

Lines have to be drawn somewhere.

They're always going to be arbitrary.

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

you're not eligible for the death penalty.

You do it the next day, you are.

You never had a problem with that arbitrary line.

This feels different somehow.

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

-Your views on the death penalty,ms. Mcnamara?
-I'm against it.

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

Move to dismiss for cause,judge.

So ordered.

-And the death sentence,mr. Roth?
-Absolutely 1,000% yes.

Society needs it.

Move to dismiss for cause.

Your honor,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, ms. Chase.

Motion denied, ms. Richter.

Well, I'd have to say
I generally oppose it,in most cases.

I mean, I really 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, ms. Chase,

but I haven't heard this gentleman say

he'd never vote for the death penalty.

You'll have to use your
remaining preemptory challenge.

He's acceptable to me,your honor.

-Ms. Richter?
-Me, too, your honor.

-I have to say I don't understand your reasoning.
-I'm sorry?

Why in heaven's name did you accept that juror?

He had "mistrial" and "hung
jury" written all over him.

Because we're down to the last two slots

and juror #22 has a problem with authority.

He'd never vote to convict.

So I need to hold my one remaining
preemptory challenge for him.

I think you're making a huge mistake.

William, I know this matters deeply to you,

but please respect the boundaries,

which means respect my judgment.

The access you've been granted
because of your friendship with conlon

is already verging on inappropriate.

What's inappropriate is a prosecuting attorney

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 that I don't have.

And what possessed me to
let him in on jury selection?

Your loyalty to me,

your sense of obligation to this office,
his shameless begging.

Well, trial starts tomorrow

and I'd like to have a little breathing room.

It's not that he's a bad lawyer.

It's just that 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 you should know.

She saw the judge

just before he was abducted come out of a gay bar.

You been sitting on that?

-I didn't think it was relevant.
-Not 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 what's best
for billy sheffield and his family?

Annabeth, all I want is to see justice
done for the judge.

That means getting 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 have got to promise me

that you're going to back off
and let them do their jobs.

I'd feel much better if you took this over.

That's not going to happen.

Billy, the prosecution
could not be in better hands.

I disagree.I think 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'm going to be watching them
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 grabbed 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 possibleyour 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, junior,

on the charge of murder...

guilty.

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 your client didn't want to raise mr
as a mitigating factor.

His father finally convinced him.

We're going to raise it.

As loudly as we can.

You're putting him on the stand?

Well, if you won't do the right thing,

I think the jury, once they see and hear him, will.

Richter's going to have a field day with this.

She'll make us look bloodthirsty.

It's your job to counter that.

There's only so much I can do.

He's going to 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 would
get justice for his father.

This feels like vengeance,not justice.

-You know, I made him another promise, too.
-What?

That if I didn't feel you were fully
invested in seeking

the death penalty for john cooke, junior,

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.

***********

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.

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, junior

is not just like you or me.

You will learn that john
cooke,junior has struggled

his entire life to mask a secret.

A secret so shameful to him
that it put him in a position

where he would do anything to cover it.

John cooke, junior

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 at this trial.

My father,judge robert sheffield, is.

He was a valuable member of society...

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 adapted behavior as well.

In my professional opinion,

john cooke, junior 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 a modern
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 any way indicate

that he did not 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.

So he did know that it was wrong
to murder judge sheffield?

Yes.

-So he knows right from wrong?
-Yes.

Thank you.

I was johnny's sixth grade teacher.

And how is it possible he went
through the entire public school system

and even graduated high school

without any of 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.

Why wasn't he tested?

You have 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 want to
hear anything to the contrary.

And 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, junior
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.

So then you didn't see this
sweetheart repeatedly shove a knife

into another human being's chest, did you?

-Objection!
-Withdrawn.

One more thing.

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

He did make progress, yes.

Nothing further.

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?

Um...

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,
or what if you had a calculator?

As I said, I-I... I don'T...

usually do that.

-You don't ever, do you?
-No.

Mr. Cooke, I'm going to read you a list of things

that you 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?
-Sure, no problem.

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

A 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.

You take him to a place where he's eager
to show how smart he is.

-That's brilliant.
-Thanks.

I can't tell you how grateful
I am 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.

Now they'll debate if he was capable,

and they'll have to go back to the evidence.

-The evidence is strong.
-Incredibly.

These guys may wonder who this kid in court is,

but once they get back to that tape,

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

That's who he is.
That's john cooke, junior.

The judge would be proud of you.

-what are we looking for?
-Look at simmons.

Adjusting the mirror,playing with the seat,

like he just got behind the wheel.

You think he switched seats?

If john cooke, junior was driving when
they pulled up to the atm,

he would have froze in front of the machine.

But 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 said

she saw him get in the back with the judge?

She said she saw john cooke, junior
push the judge into the car.

She admitted she might have been distracted.

She looked away for a moment

-and simmons got in the backseat...
-and cooke got in the driver's seat.

She looks up again.Car's driving away.

She assumes,like the rest of 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.

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 that he 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.

Because someone told him to?

Well, what kind of defense is that?!

John cooke, junior did kill your father,

and he did participate in
his kidnapping, no question.

Thank you.

But he didn't torture him, billy,

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 going to spend
the rest of 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 have 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 think you'd make a pretty outstanding ag.

Yeah, well...

even if you are a carpetbagger.

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Season 2 Episode 17

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