01x09 - A Different Kind of Death

[bunniefuu]

♪
♪ I don't like staying at home ♪
♪ When the moon is bleeding red ♪
♪ Woke up stoned in the back seat ♪
♪ From a dream where my teeth fell out of my head ♪
♪ Cut it up, cut it up, yeah ♪
♪ Everybody's on something here ♪
♪ My godsend chemical best friend ♪

[Tapping]

♪ Skeleton whispering in my ear ♪
♪ Walk with me to the end ♪
♪ Stare with me into the abyss ♪
♪ Do you feel like letting go? ♪
♪ I wonder how far down it is ♪

[g*nsh*t]

[Man gasps]

[Elevator bell dings]

♪

I didn't know you were into scrapbooking.

Didn't know we were speaking.

We're not.

Thought I'd get a head start on your next case.

See, that sounds like a conversation.

Earl Slavitt... sh*t and k*lled an Assistant U.S. Attorney, a man named Tom Simon.

Fascinating. I still don't want to hear it.

Tom was a good friend. We were roommates in law school.

I was the best man at his wedding.

Where you embarrassed him with a story about the time he choked on a live goldfish.

Hayes, this is Susan Simon, Tom's wife.

I'm sorry for your loss.

Nice to meet you.

I voted for your mother... absentee ballot.

I keep forgetting to do that.

I'm sure that has no deeper meaning.

Well, thank you for taking the case.

I know Tom would've wanted this, and I brought all of the files from his home office.

I will dive right in after breakfast.

Wallace, will you help me find the Wheaties?

You can't just come...

Thought we aren't speaking.

We're not, so whatever ulterior motive you have, you can shove it up your...

Look, I know I shouldn't have come in here...

And pretended to be protecting me from the U.S. Attorney when in reality, my parents were protecting you.

Yes, but I'm hoping we can put that aside for Tom and his wife.

She just heard Earl lost his last appeal, and she's desperate to know for sure he's guilty, that his punishment is appropriate.

Tom was a staunch advocate against the death penalty.

Okay, but New York State doesn't permit capital punishment.

But the United States does. The man who k*lled Tom was convicted on a federal m*rder charge.

He's going to be ex*cuted... in five days.

♪

You started a new case without us?

No, I did.

And he's just leaving.

I'm working this one with you.

Let's not fight in front of the kids.

Nothing to fight about. I'm your boss.

The victim is my friend, and it's a death-penalty case, so, yeah, I'm working it with you.

The death penalty?

This is the Tom Simon case.

The victim was an A.U.S.A.

His m*rder's a capital offense.

Earl Slavitt was convicted on federal fraud charges for embezzling a half a million dollars from Fenton Bank.

He served three years.

A week after his release, he sh*t Tom Simon, the A.U.S.A. who prosecuted the case.

Where's Earl now?

Federal penitentiary in Indiana.

Execution is in five days.

Oh, hell, no.

Hell no because there's not enough time, or because k*lling a man for k*lling a man is redundant and hypocritical?

'Cause all of that, and people change.

Or aren't guilty.

Since 1973, 156 people have been exonerated while on death row.

Nobody can be sure of anything.

True, but until they abolish capital punishment across the board...

Off with their heads.

It is the rule of law and our job to enforce it, whether we like it or not.

Way not to take a side, Sam.

Sorry. Parent-teacher conference.

We were just exchanging views on the death penalty.

Actually, I was presenting a case.

When Tom was sh*t, fragments of the b*llet couldn't be removed from his brain.

Earl went away for attempted m*rder.

Two years later, the b*llet fragment shifted, Tom d*ed, attempted m*rder became federal capital m*rder.

Maxine, yea or nay?

Punishment isn't really my thing.

I prefer to focus on the investigation.

What if it was your kid who was the victim?

I'd flip the switch myself.

Capital punishment is immoral, unconstitutional...

Untrue... it is cruel, unusual punishment, it is unfairly applied, it has no deterrent value, and don't even try to argue it is a money thing, because it's way more expensive to execute someone than to let them rot in prison until they die.

I'm well aware of your views.

That's part of why I wanted you on the case... for balance.

The w*apon was found at the scene.

No serial numbers on it.

It was a ghost g*n... a homemade g*n put together with parts from different manufacturers, none of which have a serial number. Totally untraceable.

And a preferred w*apon of experienced felons, not high-end embezzlers.

Prosecution argued Earl may have gone into prison a white-collar criminal, but he came out a stone-cold k*ller.

He had no alibi.

He sent Tom threatening letters.

So, where's Earl on appeals?

They've all been exhausted.

Habeas petition has been denied, too.

If Earl k*lled Tom, there's nothing we can do.

If he didn't, we have to stop the execution.

Tom handled some rough cases.

Look at his work file, see who he prosecuted or was prosecuting.

Check the files his wife brought in.

I'll talk to the A.U.S.A. who put Earl on death row.

He should be arriving at my office any minute.

We'll talk to him together.

Lucky me.

Earl Slavitt sh*t and k*lled Tom.

No doubts?

None at all. I knew the evidence inside and out.

Had that case won at opening argument.

Someone's a little full of themselves.

Well, it's not bragging if you can back it up, and I owe it all to Tom Simon. He was a great mentor and friend.

After he was sh*t, we were neighbors on the Upper East Side.

Tom was a good man.

We'll still need your files.

Sure, and while you're at it, get the files from the three federally required post-conviction death-penalty appellate lawyers and their investigators who reviewed, re-reviewed, and re-re-reviewed Earl's case.

You're wasting your time and mine.

Bill, come on.

Tom didn't believe in the death penalty.

He would've wanted us to make sure Earl was guilty.

We owe him that.

[Cellphone ringing]

[Clears throat]

Talk to me.

Hey, we found unopened mail in the files from Tom's wife.

Mostly condolence letters.

She probably didn't have the heart to open them after he d*ed.

But one of the letters was typewritten, unsigned, no return address, no postmark.

Writer confessed to sh**ting Tom.

Plenty of wackos want to take credit for other people's crimes.

Not this wacko.

He had details that weren't released to the press.

Right, like the ghost g*n.

Bragged that he bought an unfinished receiver and built it himself at home.

Said he was good at not getting caught.

Sent the letter just to clear his conscience.

Dust for prints, swab for DNA, test the ink, the paper, whatever.

We have to find out who wrote it.

Right. If there's nothing else, I got to catch a plane to Indiana.

Fly safe. We'll see you there.

You're gonna watch the execution?

No, I'm gonna stop it.

I told Earl you were coming.

What do you think of him?

He's a nice guy.

He thinks Earl's guilty. Wants to know where you stand.

I've been superintendent here going on eight years.

Most inmates on death row are loners, don't mix well.

Earl's different.

He's friendly.

Take away his prison jumpsuit, you might mistake him for one of us.

Not likely.

We have him on 24/7 su1c1de watch.

Because why not keep a man alive so you can k*ll him?

I don't like all aspects of my job, Ms. Morrison.

But I do it by the book.

I'll take you to him now.

I've been here seven years, three months, and nine days for something I didn't do.

Evidence says otherwise.

You think I'm a k*ller, too?

Mr. Slavitt, we...

Earl, please.

Earl, we found a letter confessing to the sh**ting.

It was sent to Tom Simon's address.

I knew it.

I knew if I held on long enough, someone would help me.

Thank you, Ms. Morrison.

Hayes, please.

But there are no guarantees. Right now we have no idea who wrote it.

For all we know, you did in an attempt to save your ass.

She gives hope, you take it away.

You threatened Tom Simon.

You carried through on that thr*at.

If you're so sure of that, why are you here?

A man's death shouldn't be taken lightly.

Not even yours.

Wallace and Tom were close.

That's okay...

Hayes.

Being on death row, I've gotten used to people thinking I'm something I'm not.

You want someone to suffer for what happened to your friend.

Yes.

He was m*rder*d.

Not by me.

You'll see.

Not by me.

[Buzzer, door opens]

You believe me?

I want to.

Help me prove it.

He's playing us.

I don't think so.

We need to buy some time to find out what really happened.

Sam: Your Honor, I'm requesting a stay of execution in Mr. Slavitt's case on the grounds that new exculpatory evidence has been found.

A typed, unsigned letter with no return address doesn't fall within the realm of admissible, much less clear and compelling evidence.

May it please the court...

Tess.

...Justice Breyer stated in Glossip v. Gross the death penalty violates the Eighth Amendment.

Bring your little sister to fight your battles for you, Mr. Spencer?

Actually, I graduated top of my law-school class, was editor-in-chief of the criminal law journal.

Breyer argues capital punishment is unreliable, arbitrarily imposed, subject to unconscionably long delays, as well as...

Impressive memory, young lady, but Justice Breyer's comments were part of his dissenting opinion, and as such, have no binding authority.

Doesn't mean he wasn't right.

You haven't brought me proof of innocence.

And until you do, your petition to file a second Writ of Habeas Corpus is denied.

The execution will proceed as planned.

Nice try, Sam. Now we just need to find the proof.

Get you back in front of the judge.

Losing sucks, huh?

I got to go. Excuse me?

A second habeas petition?

Even with that socalled confession letter, it took balls to try that.

Well, someone's got to have them.

Well, like I told you, there were no errors made during the trial.

You're on a fishing expedition.

Ease up, Bill.

I win more cases than any other A.U.S.A. in New York.

It's a noble thing you're trying to do, but you're not gonna save this guy.

We'll see about that.

We need a copy of the execution briefing sheet.

Got to love New Yorkers. Knocking's a formality.

You said for me to make myself at home.

No, I didn't.

You would've if I knocked.

I need a briefing sheet.

I also need Earl's designation of witnesses.

You're required to have reviewed them with him at least 30 days before the execution.

I did. 33 days prior.

Disposition of his body?

Earl chose to be cremated.

You did this at least 14 days prior...

19 days, to be exact.

Spiritual advisor chosen 16 days prior...

Roman Catholic priest.

Personnel to assist in the execution?

Selected.

And we have practiced every step of the execution process.

Well, not every step.

Not funny.

Gallows humor.

Literally.

Also not funny.

Either you laugh or you cry.

What have you been doing?

Not laughing.

Between days 13 and 7, Earl chose his last meal... extra lean corn beef on rye from Mel's Avenue Deli in New York.

Corn chips and cream soda.

I've done this before.

I know that if I made even one mistake, missed a deadline by even an hour, then the entire month of prep stops and starts all over again.

Then make a mistake.

Give me more time to get to the truth.

You hate this part of your job.

♪

Each step of the preexecution process has been followed as required by law.

You'll see.

Copy machine's down the hall.

♪

My room smells.

Complain to the manager.

I did.

He laughed in my face, and he told me this place is totally booked.

We're switching rooms.

Fine.

No argument?

You took Tom's case. I owe you.

Thank you.

I still loathe you for lying to me.

And I still find you abrasive, unforgiving, and completely unsuitable for a long-term adult relationship.

Glad we're on the same page.

[Cellphone ringing]

[Cellphone beeps]

What's going on, Frankie?

We got DNA results on the confession letter.

Traced it back to an ex-con named Harold Redding.

He's a local thug for hire with a long sheet.

Basically a hitman.

Ghost g*n makes sense now.

Track him down. Find out who he was working for.

We can't. Harold d*ed of...

...pancreatic cancer two years ago, but we're checking his financials to see who might've paid him for the hit.

And Sam and Maxine are checking for connections he might've had to defendants in Tom's other cases.

Maxine just called from the Bureau of Prisons.

Earl and Harold were at Allenwood at the same time.

They were released within days of each other.

Doesn't mean Earl hired him to k*ll Tom.

But it sure looks like he did.

Two days until the election,

[Knock on door]

and polls are indicating Harper Morrison has a 12-point lead over her nearest competitors. Her stance on criminal-justice reform...

Do you have any more of those little cans of almonds?

Wallace: Does the concept of privacy mean nothing to you?

Oh, relax. I've seen you wearing a lot less.

Mmm, someone's been doing his P90X.

Just because we're neighbors does not mean you can barge in here any time you want.

Why? Naomi wouldn't approve?

Naomi knows better than to worry.

Mm. So, things are good with her?

Yeah. Really good.

...too great a margin for her competitors to overcome.

Polls look like your mom is gonna pull this out.

Mm, what a relief.

Now she can't blame me for costing her the election.

Come on. If anything, you've helped.

The work you're doing at the CIU, people have noticed.

Naomi transferred to her firm's New York office.

Great.

I'm gonna go and ask Earl whether he hired his prison buddy hit man Harold.

Let me finish getting dressed. I'll come with.

Better if it's just me.

Easier to get him to open up without you antagonizing him.

Harold Redding was at Allenwood with you.

His cellblock was 100 yards away from yours.

Might as well be 100 miles. Cellblocks don't mix.

Did you hire him to k*ll Tom?

You siding with D.A. Wallace now?

I ditched him... so we could talk, just us.

You holding up okay?

I appreciate the visit.

But I'm not interested in your pity, even if I am on my way out.

I don't do pity, and you're not going anywhere.

If I hired a hit man, I'd tell you.

What have I got to lose?

Me, for starters.

I don't do guilty, either.

All I've got to take to my grave is my integrity.

I didn't hire anyone to sh**t Tom Simon.

If I could turn back time, if I could find a way...

You would do a Cher impersonation?

[Chuckles]

That song has been stuck in my head lately.

I've had "Girls Just Want to Have Fun" pinging in my brain for the last 30 years.

Thinking maybe I ought to listen to "Stairway to Heaven" soon.

You believe in it?

Heaven?

Don't lie to me, please.

Okay. Um, I don't.

I think that when we die, we're worm food.

I hope you're wrong, though.

Me, too.

You think that's where you're headed... Heaven?

I'm hoping, yep.

Mm.

I didn't sh**t Tom Simon.

You can believe I'm innocent.

I just need to prove you didn't pay Harold.

Any chance your financial records are still kicking around from before Tom was m*rder*d?

Oh. It's been a long time. But my ex-wife might have them. She divorced me when I was convicted of the m*rder charge. I haven't seen her or my son... Dean... for 10 years now. I still write to him every week, though.

But, you know...

Just find a way out for me, okay?

You're welcome to my ex-husband's financial records. They're in the Fresh Kills Landfill. They all went to the dump. What do you need them for, anyway?

We discovered evidence suggesting that a hitman k*lled Tom Simon.

So you're trying to prove that Earl hired him?

Or someone else did.

Tom Simon is all that Earl ever talked about when he was in prison for the fraud conviction.

He was obsessed with revenge.

Leave us alone. We don't want anything to do with him.

Your father's getting ex*cuted in two days.

Maybe a little forgiveness is in order.

He doesn't deserve to be forgiven.

Earl was a lousy husband.

He cheated on me with that bimbo, Nina, from the office.

But I stood by him the whole trial.

We mortgaged the house to pay for his legal bills.

He bankrupted this family.

He left us homeless.

His passing is no loss to us.

I think I remember a female CPA from the list of employees at Earl's work... Nina Chen.

She was an accountant. Maybe she was involved in the fraud.

Or maybe she contracted the hitman. Let's track her down.

So far, no luck finding payments from Earl to Harold Redding.

But we are getting Harold's old financial records from archives. We got lucky.

Bank never got around to destroying them.

Hopefully, there'll be deposits around the time Tom Simon was sh*t.

We're thinking we find those, we find who paid him.

Look for deposits from Nina Chen.

She was an accountant that worked with Earl.

They were close, maybe a little too close.

In the meantime, let's track down Nina, see what she has to say.

All right, I'll meet you in your office in a minute.

♪

I tracked down Nina Chen.

She's an accountant that worked at Earl's firm.

Now, she doesn't think that Earl committed fraud in the first place.

Why does that even matter?

We're not investigating the fraud case.

Well, maybe we should be.

Nina told me that there's an internal memo that proves that the person who actually committed fraud is Earl's boss, Sean Rasmullen.

No memo like that was introduced at trial.

Probably because it didn't exist.

There's no proof that memo wasn't just made up.

As a matter of fact, there is. Nina kept a copy.

Why didn't she turn it over as evidence?

She did. She said she gave it to Tom Simon.

I second chaired Earl Slavitt's fraud trial with Tom.

I'm familiar with the case. I've never seen this before.

Nina Chen swears she gave it to Tom.

How do you explain him not turning it over to the defense?

I can't. We gave them everything we had.

Nina has no motivation to lie.

Tom Simon withheld evidence.

That's ridiculous.

For all we know, Earl wrote it to cover his tracks.

Tell her. Tom would never withhold evidence.

I never saw him do anything to suggest he was compromised.

You never saw him?

That's not a ringing endorsement.

Tom was a good man.

That's not an answer.

Hayes, that's enough.

You didn't see anything.

Tom was beyond reproach.

People talked.

Tom had it pretty good. Lived in a big house, drove a fancy car.

He invested well.

People talked about how he could afford that kind of lifestyle.

Are you saying that Tom was fixing cases for money?

I didn't want to drag his name through the mud.

He was my friend.

He took a bribe from Sean Rasmullen to pin the fraud on Earl?

I didn't know that, and this has nothing to do with the m*rder case.

If Tom was fixing cases, this opens up a whole new avenue of suspects in the sh**ting that you ignored.

Congratulations, Bill.

You may have put an innocent man on death row.

Your Honor, we have proof that A.U.S.A. Tom Simon hid exculpatory evidence and was very likely on the payroll of criminals.

We even have an A.U.S.A. who confirmed rumors to this effect and is willing to testify.

I know how to argue the merits of the petition, Hayes.

Emphasize that you did exactly what was asked.

You brought in proof of innocence.

First show her the memo.

Copy that. Can I go now?

Say that the memo shows that Earl's boss, Sean Rasmullen, was embezzling, not Earl.

Hayes, he knows what to do.

And if the judge doesn't want to discuss the merits of Earl's fraud conviction, then...

I'll argue that the fraud case is what the prosecution built the m*rder case against Mr. Slavitt on.

Then tell her...

Sam, just tell the judge there were rumors Tom was taking bribes to fix cases for criminals.

Ergo...

That's fancy for "therefore."

Therefore, lots of people, unsavory people besides Earl, might've wanted Tom dead.

Who could've hired Harold Redding to k*ll him. I got it. I got it.

Even if the rumors are unconfirmed, if there's the smallest risk that an innocent man is gonna be exe...

[Cellphone clicks]

He hung up on me.

Because you're bossy and obnoxious and rude.

Flatterer.

I am also right. Earl is innocent.

Not necessarily.

The memo might or might not have been given to Tom.

The hit man might or might not have been hired by Earl.

You were just helping me argue for the stay of execution.

He's not necessarily guilty, either.

Sucks, doesn't it?

Finding out somebody you cared about wasn't the person you thought they were.

Are you talking to me or about me?

First year of law school, Tom and I were seated next to each other in civ pro.

We were friends ever since.

I thought I knew him.

Reconsidering your stance on the death penalty?

[Breathes deeply]

Let's just hope the judge comes through with a stay for Earl.

Flight okay?

Fine.

But I'm guessing you didn't ask me here to discuss my travels.

Susan, were you and Tom okay with money before he was sh*t?

We had a comfortable life, no problems paying our bills.

Why are you asking?

This is hard, but I have reason to suspect Tom was taking bribes to fix cases, and may have been k*lled by someone who wanted to cover things up.

Tom treated you like a brother.

You asked me to look into this case.

You wanted to be sure an innocent man wasn't ex*cuted.

A man's life is at stake.

I believe in Tom, and I'll do everything in my power to protect his reputation, but in order to do that, I need to know the truth, and I don't have much time.

I need access to your banking records.

Will you help me?

Susan gave us all of Tom's accounts and passwords.

I was hoping to find unusual deposits or withdraws around the time of Earl's fraud case, but so far nothing.

If he was on the take, maybe he had a private account, something his wife didn't know about.

I did find something interesting in hit man Harold's financials.

There was a total of almost $38,000 worth of deposits into Harold's account around the time Tom was sh*t, and each of those deposits was just under $2,000.

But that's 19 different checks.

Not checks... money orders.

Money orders are anonymous if the amount is below $2,000.

Above that, a suspicious activity report would've been filed.

Whoever hired Harold to k*ll Tom did a hell of a job covering his tracks.

I requested the serial numbers of the money orders, which should help us figure out where they were purchased and maybe even who purchased them.

[Siren wails in distance]

Maxine.

Been a ghost around here lately. Where you been?

Just trying to track down Earl's boss, Sean Rasmullen.

Hasn't been easy. That guy's slippery.

Most financial guys are.

[Chuckling] Yeah.

I'm gonna say something that might piss you off.

[Sighs]

Lately you've seemed a little off, showing up late.

I told you I had a meeting.

Reminds me of how you were.

You know, right before you retired.

You having trouble again?

All of that is behind me.

I swear.

Okay.

Hey, any news about the stay?

No.

Hurricane Mindy is set to make landfall tomorrow in Florida with expected rainfall

[Cellphone ringing]

of two to three inches per hour in hardest-hit areas.

Officials plan to open polling places...

Yeah.

...early to b*at out the storm in Florida, Georgia, and South Carolina.

Okay, got it.

And in New York, latest polls show Harper Morrison in the lead.

That...

[TV shuts off]

Wallace! Sam just called.

Yeah?

You were right about Tom.

No suspect deposits made into his account.

Good. I knew there wouldn't be.

And the judge granted a stay. We did it.

We got Earl a reprieve.

We have time to figure out the truth now.

We did it.

We did!

You and me! We're awesome!

[Laughs]

Yes, we are.

♪

Why aren't we really?

I don't know.

I really don't.

I'm too impulsive, you're too calculated.

One issue.

Among many.

[Chuckles]

Sounds like things are getting serious between you and Naomi.

Yeah.

Big step, her moving to New York.

You worried about it?

She says she's not just doing it for me, but...

I don't know.

It's hard not to feel some pressure.

Look, Naomi's great.

She's absurdly hot... smart... probably better for you than I was.

You should give it a sh*t.

Does it freak you out?

The idea of committing to someone, settling down?

I know it used to, but what about now?

Depends on the person, I guess.

Hayes.

See you in the morning, Wallace.

[Sighs]

[Vehicles passing in distance]

[Birds chirping]

[Door closes]

♪

Not gonna happen.

Bill Newton appealed the stay.

He's such a douche.

Any other prosecutor would've done the same thing.

The Supreme Court just ruled.

No, please.

They lifted the stay of execution.

We don't know if he's guilty. We need more time.

We don't have any more.

Earl's going to be ex*cuted... tonight.

You had to appeal it to the Supremes?

Couldn't risk your winning record, could you?

That's how the game's played.

I'm reporting you to DOJ for breaching the canons of professional ethics.

Rumors of corruption do not equal knowledge thereof.

I'll be cleared of all wrongdoing, and it'll be another win for me.

What about Earl's last meal?

Extra lean corn beef on rye and corn chips. Ready and waiting.

If it's not from Mel's Avenue Deli in Manhattan...

They FedEx'd it here this morning.

We've been through this. I followed the protocol.

What about...

No, I know you think you've got some evidence that Earl may be innocent.

Earl is innocent. I-I just... I...

Look, I see what you're trying to do.

And I admire it. Truly, I do.

I'm afraid Earl's at the end of the line.

[Scoffs] This is so wrong!

Someone has to deliver the people's will.

That someone is me.

And most of the time, when you have, it's been, if not right, then righteous. In this case, it is not.

It's never right... or righteous.

Do you know that I am the only one here who doesn't have a choice about participating in executions?

Earl is gonna have his last meal.

He'll meet with the priest.

He'll be given an opportunity to say any last words.

And in just over two hours... we're gonna k*ll him.

So if you want to save him, you better do it quick.

Tess, you have an hour and 54 minutes to find out who hired Harold to k*ll Tom.

I'm close on tracking that.

Close won't save Earl's life.

I'm diving back in now.

What'd you get on Sean?

Rasmullen? Earl's boss?

The guy that we think might've bribed Tom Simon.

k*lled him to protect his own ass.

Sean's lawyers put up major roadblocks.

They wouldn't give me access to him or his bank records.

We got an hour and 45. Not enough time to subpoena them.

Well, let's pull some favors, go to the banks directly.

It's a long sh*t, but worth a try.

Dad.

How's Mom?

Tell her I'm sending good thoughts.

Yeah, I'm in Indiana. Still here.

That's why I called.

It's a matter of life and death. No exaggeration.

I know it's a big favor, but, um... could you put in a call?

The President issued the death warrant, and maybe if you...

Yeah, I-I understand.

Thanks anyway.

I love you, too.

Good luck tonight.

[Sighs]

I'm so sorry.

Are you really?

We're just... running out of time.

Couldn't find a way.

I'll keep trying. Don't give up.

I remember one night with my wife and son.

We were out in a field counting sh**ting stars.

It was quiet.

Just us and the stars.

They're not coming to see me die.

We'll be there for you.

No. I don't want you remembering me like that.

Not you. Go. Live.

[Buzzer]

[Door creaking]

♪

It's time to start the walk.

[Door creaks open]

♪

I'm sure I'm wrong about Heaven.

We'll see.

♪

[Sighs]

♪

In New York, polling places are set to close in just under two hours, and with 73% of precincts reporting, things are looking good for former First Lady Harper Morrison in the New York State Senate race.

Woman: That's right, Nick. Exit polls indicate she is doing very...

The tacks show where each of the money orders used to pay Harold to k*ll Tom were purchased.

You said that already.

Like 10 times.

I'm hoping if I say it over and over again, we'll finally notice a pattern, and that pattern will lead us to who bought the money orders... who really hired Harold to k*ll Tom.

Okay, the tacks show where each of the money orders used to pay Harold to k*ll Tom were purchased.

[Crunching]

♪

[Door unlocks, creaks open]

We're sure he's guilty, right?

Wish we were.

♪

Riley: The demographics in the final precincts are not expected to change the outcome, so now we're just waiting to officially project the winner as Harper Morrison.

Hayes: Look at the groupings of tacks. The 4, 5, 6 subway runs through all of them. See it?

From the Upper East Side to Union Square to downtown.

Look at the downtown grouping. It's right around Foley Square.

That's where the U.S. Attorney's office is, and Bill Newton, the prosecutor on Earl's case, lives in the Upper East Side.

But why would he order the hit?

Find Nina, Earl's co-worker, the one that had the memo.

I'm innocent.

Any other last words?

Thanks for always being decent.

Same to you.

Hayes: Nina, this is important.

You said you gave the memo that showed Sean Rasmullen was embezzling to Tom Simon.

That's right.

You delivered it to him in person?

I didn't want Earl being blamed for something he didn't do.

This was the man you gave the memo to?

Yes. Tom Simon.

We met at a coffee shop, and I handed it to him.

♪

[Tires screech]

Wallace, it was Bill, Bill Newton.

He was the one taking the bribes.

It wasn't Tom... it was Bill, and he had Tom k*lled.

We traced the payments back to him. He paid for the hit.

Wallace, you have to stop that execution. Call me back.

[Buzzer]

It was Bill who got that memo.

I mean, he got the call from Nina. Tom was away on vacation.

He knew Harold Redding and Earl were in Allenwood together.

He used Harold to pin the whole thing on Earl.

There were massive deposits made into Bill's accounts around the time of Earl's fraud case.

They were payoffs for making that memo go away.

Bill appealed the stay of execution because he wants Earl dead!

♪

[Door closes]

[Door creaks]

♪

Hayes: ...wants him out of the way. Earl is innocent.

We can't let him die. We can't. We have to find a way...

♪

[Siren wailing in distance]

♪

[Sighs]

I'm not cleaning up your mess again.

♪

[Door creaks]

♪ Take my mind and take my pain ♪
♪ Like an empty bottle takes the rain ♪

[Knock on door]

Hayes?

♪ And heal, heal ♪

I know it's terrible.

♪ Heal, heal ♪

But we got Bill.

He's going down for capital m*rder.

♪ Take my past and take my sense ♪

Please say something.

Open the door.

♪ Like an empty sail... ♪

I knew I couldn't do this job. I told you.

Open the door.

♪ Heal, heal ♪

I gave him hope.

You wanted the truth, and I found it.

Earl was innocent.

I know.

And he... he d*ed anyway.

I couldn't save him.

You did everything you could.

♪ Take my heart and take my hand ♪

I told him he was worm food.

Why did I do that?

♪ Like an ocean takes the dirty sand ♪

What do I know?

Open the door.

♪ And heal, heeeal ♪
♪ Hell, heal ♪
♪ And take my mind and take my pain ♪

[Crying]

♪ Like an empty bottle takes the rain ♪
♪ And heal, heeeal ♪
♪ Hell, heal ♪
♪ And tell me sooome things last ♪
♪ And tell me sooome things last ♪