02x03 - A Business of Favors

[bunniefuu]

- (AIR HORN BLOWS)
- (LIVELY CHATTER)

What kind of pledges are
you wimps, huh? Everybody up!

It's : a.m., boys. That's the
shank of the evening. Let's go!

Let's go! Come on, go for a walk.

Drink! Drink! Drink! Drink!
Drink! Drink! Drink! Drink!

- (WHOOPING)
- All right!

- Drink up! Drink up!
- (LAUGHS)

Drink! Drink! Drink! Drink!
Drink! Drink! Drink! Drink!

(CHANTING CONTINUES)

Drink! Drink! Drink!

(WHOOPING)

(GULPS)

(WHOOPING)

That's number five, baby!

- Yeah!
- All right!

- Let's go!
- Yeah!

Don't you fall asleep, you pledge pukes.

The more you cough,
the more you're gonna get.

Into the water, pukes.

- Let's go! Let's go.
- Come on. Let's go!

(WHOOPING)

In the water. Now!

Wayland, what are you doing?

Move it. Let's go.

Let's go. Let's go.

(GRUNTS)

(COUGHS)

(INDISTINCT SHOUTING)

Hey, you okay? Excellent!

LOGAN (OVER MEGAPHONE): What's all
the talking and laughing about,

pukes? Are you enjoying this?
'Cause you're not supposed to

enjoy this.

Why don't you go swim to the
other side of the lake, huh?

That'll take some of the fun
out of it for ya.

- All right.
- Let's go.

Come on, come on.

LOGAN: Swim faster! Keep going!

Yeah!

(ECHOES): All right, boys.

(BIRDS CHIRPING)

(THUMPING ON DOCK)

- (INDISTINCT CONVERSATIONS)
- (GAVEL BANGS)

(DOOR CLOSES)

If this is you trying to bum
another ride home,

it has to stop.

People are starting to talk.

Dr. Bull, I need...

I need a favor.

Oh. Well, for you, Judge Abernathy,

a woman who I greatly admire,
and in front of whom

I'm trying a quarter of
a billion dollar case...

This will, of course, have no
bearing on the matter before me.

Name it. You need a five?

A ten? In unmarked quarters?

A friend, a colleague
in the DA's office,

just caught a difficult
and high-profile case.

I know it's short notice,

but if there's any
help you can give him.

Don't think twice. Consider it done.

(BULL CLEARS THROAT)

(WHISTLES SOFTLY)

(INDISTINCT CHATTER)

(SIREN WAILS)

- Dr. Bull?
- Yes.

I'm guessing you're the ADA

Judge Abernathy wanted me to meet.

I am.

Richmond.

Richmond Abernathy.

Aha.

So... the son?

Guilty as charged.

What can I do for you?

A Lennox University student

was found floating in
the Hudson this morning.

Name's Sam Wayland, years old,

pledging a fraternity.

Gather you think there's a connection.

How could I not?

Made any arrests?

That's why you're here.

With all due respect
to you and your mother,

this feels a little premature.

I'm a trial consultant.

I know.

But mother claims you're also
an expert in human behavior.

Said you're like a human lie detector.

I'm not sure I believe
there is such a thing,

but not like I have much of a choice.

We've got to figure out who to charge.

These are mostly rich white kids

and they're lawyering up
even as we speak.

I know I'm not gonna get any
of them near a polygraph.

I think she was hoping
I could use you instead.

Hazing? No. We don't
participate in hazing.

What this was,

was a-a “Welcome to Theta” celebration.

It's something we look
forward to every year.

See how his foot's pointed to the door?

That's because he wants to escape

because he's uncomfortable

because... he's lying.

LOGAN: Basically,
it's always the same thing.

We have a few cocktails

and then the pledges
go for a swim in the river.

It's... essentially, it's like a

“Welcome to Kappa Kappa Theta” thing.

Hear the use of qualifiers?

“Basically, essentially.”

That's a fairly good indicator
someone's lying.

I use qualifiers all the
time and I don't lie.

(DOOR CLOSES)

This is the victim's roommate.

CARTER: We all got out of the water,

walked back up to the frat house.

Sam was right next to me.

I mean, we were all a little loopy,

but Sam was right there.

We got in the room and went to bed.

- Notice all the blinking?
- DETECTIVE: Did you undress?

- DETECTIVE: Did he undress?
- Yeah.

CARTER: I kicked my shoes off
and did a face-plant.

Sam did pretty much the same thing.

DETECTIVE: When did you first
realize he wasn't there?

When you guys came to the door
this morning and woke us up.

So you're telling me that Sam

walked all the way back
to the dorm, got in bed,

and then changed his mind,

and went back to the river by himself?

Why would he do that?

CARTER: Maybe he forgot his cell phone?

I have no idea.

DETECTIVE: But that's your story.

- Yes, sir.
- Yes, sir.

Absolutely.

- Yep.
- Yep.

That's what happened.

RICHMOND: So, according to you,

they're all lying.

Hey. I'm not selling anything.

You asked what I thought.

Take what you need and leave the rest.

Anything else?

Assistant District Attorney Abernathy.

The victim's mother's

still waiting in .

She's having a pretty rough time.

Can I give her an ETA?

I honestly don't have
anything to tell her.

Need some company?

REBECCA WAYLAND:
You have nothing to tell me?

Nothing beyond what the
coroner's determined.

Which is, in and of
itself, very preliminary.

Did he fall in?

Was he pushed?

Did... did he get a... a cramp,

or did someone hold him underwater?

What ever happened,

was he frightened or just...

surprised?

I mean, was he alone,

or were there other people?

Was this deliberate
or was it an accident?

Oh, for God's sake, tell me something!

(SIGHS)

I have a working theory.

Sam was taking part in a hazing.

There was a lot of drinking.

Things got out of control.

And the boys went swimming.

And after Sam drowned,
for whatever reason,

they decided not to call it in.

And for the moment,
they have banded together.

And they've all agreed on the same story

about Sam going back to his room,

and, according to them,

returning to the river by himself.

You're saying there were
other people there.

We don't know that for sure.

But if your theory's right,

why wouldn't one of
those boys go and get help?

Or call , or call the police?

No. No.

I... I don't want to believe that.

It's like two deaths.

It's not... human.

Mrs. Wayland,

people act differently in groups.

They just... do.

You add alcohol to the mix and
they're capable of doing things

they would never do if they were alone.

But...

what about now?

Why isn't someone stepping forward now?

BULL: It's part of the dynamic.

People commit to a certain
course of action,

and they stick to it.

The key is to undermine the alliance

- they've made to each other,
- (CHAIR SCRAPES)

and that is what we're gonna do.

I promise you,

before we're through here,

you will know the truth.

(SIREN WAILS NEARBY)

You made a lot of promises in there,

and now I have to keep them.

And, honestly, I don't think I can.

Well, I wouldn't have made them

if I wasn't prepared to help you,

assuming you want my help.

Why don't you ask that victim's mother

if she wants my help.

It's not that I don't want your help.

Look, you were my mother's idea.

Yeah, and what does she know?

She's only been doing it for years.

I don't have to explain myself to you.

Well, then let me explain you to you.

You think you're smarter
than everybody else.

You think you're morally superior.

And you think you got this
legal thing wired because

you had the highest marks in your class

or the best handwriting,
or I don't know.

You've been assistant
district attorney for what?

A minute? And you're
too stupid to realize

that it costs you nothing to listen.

You can hear my ideas
and still reject them

without me being any the wiser,

instead of letting me know
with your smug affect

just how little you think of me.

Oh, and one more thing.

You got no people skills.

That woman just lost her son,

and what she needed to hear from you

was that you were gonna
get her some answers,

even if you didn't have any.

But you're so arrogant,

and you're working so hard
to be honest with her,

that you didn't see what was
required there was a good lie.

Although, I'd bet the house

you think there's no such thing
as a good lie.

Be sure and tell your mother
how amazing I was.

Okay, Doctor, I'm all ears.

These kids are my only witnesses,

and all their stories synced.

So, obviously, someone sat them down.

Obviously, someone rehearsed them.

So what do you suggest I do?

I'd put so much pressure
on those college boys

they'd turn back into preschoolers.

We need them to start
turning on each other.

And how do I do that?

Well, here's a crazy idea.

Start filing charges.

Against who?

Against all of them, all .

Charge them with manslaughter.

Make those boys sweat.

Make their parents sweat.

Make them hire expensive lawyers,

and make them sweat, too.

You want me to charge kids
with manslaughter?

All due respect, that's insane.

I knew you'd like it.

There is no evidence.

I won't be able to convict
one person, let alone .

If we charge all of them,
someone will break

and come forward looking for a deal.

And that is how we find our guy.

And if that doesn't happen?

Then I'll be wrong and that
hasn't happened since .

It was a Wednesday.

I said it was gonna rain,
it only drizzled.

And by the way, I'm doing this
for the grieving mother.

(CAR ENGINE STARTS)

Not for you.

Well, here's something
you don't see every day,

Lennox University students,

all of them members or pledges

of Kappa Kappa Theta,

doing the “perp walk”

after they were all booked on the order

of Assistant District Attorney
Richmond Abernathy.

You orchestrated all this, didn't you?

Called the press, worked out the timing?

You can thank me later.

- You hear that sound?
- What?

It's the sound of your phone ringing

with calls from frantic moms and dads

who just saw their baby boys on TV

and want to know how
they can cut a deal.

(INDISTINCT POLICE RADIO CHATTER)

CABLE: I was able to hack into
the fraternity security system.

Now, this camera's at the back door.

And I don't know who's who,
but I can tell

that kids left the fraternity
a little after : a.m.

And it looks like only
came back a little after : .

BULL: Okay. What about the other doors?

Are they all monitored? Could Sam have

slipped in and then slipped
back out through a side door?

'Cause that's what
the other side's gonna argue.

Yeah, but didn't you say
the roommate told the cops

that they all came in together,

- went to bed together?
- Mm-hmm.

He also said
he was extremely intoxicated,

left himself plenty
of plausible deniability.

Can we get somebody down

to City Hall, Department of Records?

Let's get a set of plans for that house,

see every ingress and egress.

Marissa?!

Uh, I, uh, actually
don't think she's in yet.

What are you talking about?

It's Marissa. She's always in.

I've worked with her for six years.

She's never even had a cold.

Should we call her?

Should we call the police?

She's fine, Dr. Bull.

She's just running late.

What does that mean?

Do you know where she is?

I know that she's fine, and
I know she'll be here soon.

Okay.

Apparently, I just work here.

I'll be in my office.

He had booze in his belly
and water in his lungs.

Blood alcohol level?

. , enough to make a rhino tipsy.

Didn't k*ll him, though.

How's that?

This boy d*ed from asphyxiation.

While he was in the water, he aspirated.

Choked to death on his own vomit.

Horrible, violent way to die.

A death like that...

would be noisy, right?

Hard to ignore?

If there were people around,

I think it would be impossible
to ignore.

(KNOCKING ON DOOR)

Hey. Sorry to bother you.

My name is Rex Bond.
I own Rex's Bail Bonds.

Hi. Hey, Mr. Daniels?

MAN: It's just totally crazy, you know?

Rob Daniels. How can I help you?

I'm guessing you're
an attorney. Huh? Huh?

(LAUGHS)

My name is Rex Bond.
I own Rex's Bail Bonds.

I understand the kids are out
on their parents' recognizance,

but if that should change,
I wanted to let them know

that we are ready
and willing to be of help.

I'm talking no money down,
excellent rates.

If I could just come in
and talk to the boys

and leave them my card?

You're not coming in here.

You're not talking to any of these boys.

- I'm not?
- No, you're not.

I'm sure you understand.

These boys have been charged
with a homicide.

They're not gonna talk to just
anybody who comes in the door.

Okay.

I get that.

But I'm glad that
I've made your acquaintance.

I'm always looking
for good attorneys I can refer

my clients to.

Here you go.

- Don't lose that.
- All right.

(CLICKS TONGUE, CHUCKLES)

- (FLICKS BUSINESS CARD)
- Thank you.

Oh. Hey.

(LAUGHING): Hey. Full house.

MARISSA: Sorry.

Sorry. Sorry.

I will be there in one minute.

(SIGHS)

You okay?

Yeah. Of course.

I'm fine. Late, but fine.

Really? I'm concerned.

This is so not like you.

Anything you want to tell me?

Oh, like what?

Like, are you looking for another job?

No.

No.

I'm not looking for another job.

Doctor appointment?

Yeah, okay, I did not have
a doctor's appointment.

Nothing is wrong with me,
everything is fine.

I am truly sorry for being late.

So what kind of job are
you interviewing for?

Okay, Bull...

Huh?

Look, we have been together

for... ever.

And I am very happy here, very happy.

And I am very healthy.

No worries there. No worries at all.

I'm sorry if I caused you... concern.

So, where were you?

I was nowhere. It was nothing.

I went out to dinner last night,

and... one thing led to another,

and I guess you could say I...

ended up having
an irresponsible evening.

I'm sorry.

I think. Um, are...?

Are we done?

Mission accomplished.

BENNY: Oh, what do you got there, Chunk?

Oh. Wow. Those boys are lawyered up.

I hate to be a buzzkill,

but those boys just
might be telling the truth.

(LAUGHS) Excuse me. I've been
doing this for a very long time,

and they're telling everything
but the truth.

I'm just saying.

According to the coroner, Sam's
death was violent and loud.

It's hard to imagine guys
just standing around,

- watching him die.
- Dr. Bull?

You have a call from Assistant
District Attorney Abernathy.

I put the call in your office.

Thank you.

What's the good news?

RICHMOND: Dr. Bull,

you promised me an eyewitness.

Have you received any calls?

No.

Yeah. Nor have I.

The trial starts tomorrow,

and no one's looking to flip.

There are no deals on the table.

Well, let's not quit
before we get started.

That's easy for you to say.

This is all gonna land on me, Dr. Bull.

Losing the one kid might have been bad,

but losing the ?

I might as well start packing my desk.

Well, I'll be sure
to convey your selfless concerns

to the victim's next of kin.

(CLICK, DIAL TONE)

(SIGHS)

Didn't think it'd actually get to this.

- A trial with defendants?
- Mm.

I was sure somebody'd
break ranks, make a deal,

tell us what actually
happened that night.

So what are we looking for?

Jury-wise, I mean.

You ever heard of the threshold number?

That would be a “no”"

It's the number of people
who have to make a decision

before you or I might make the same one.

One person breaks
a store window, it's a robbery.

Ten people break store windows,
it's a riot.

The question is,

how many people had to start
breaking store windows

before the others
felt comfortable joining in?

How many fraternity brothers
had to say they were...

okay walking away from this kid drowning

before everybody else
was willing to join in?

Okay. I get that.

But how does that help us figure
out who we want on the jury?

(BASKETBALL DRIBBLING)

What am I missing?

That guy. He's our perfect juror.

That guy? The guy throwing
the granny sh*ts?

- Why? 'Cause he looks ridiculous?
- Precisely.

He doesn't care.

As long as the sh*ts are going in.

You know, Wilt Chamberlain,
one of the greatest players

- that ever lived...
- And a lousy foul sh**t.

One year, just for the hell of it,

decides to sh**t
all his free throws underhand.

Even scored over points one game.

Never did it again, though.

Power of peer pressure.

JUDGE: Be seated.

A little gift from me to you.

What the hell are you doing?

I'm helping you find
a high-threshold jury.

Do any of you belong to, uh, any groups,

clubs, organizations?

I sing in my church choir

and I'm part of my neighborhood watch.

MARISSA: Oh, she is

a joiner, Bull.

Also, she belongs to the PTA,

and she's on the board
of her community center.

A pox on her house.

Move to strike, Your Honor.

And what about you, sir?

Do you participate in any organizations?

I belong to the Rotary.

MARISSA: The president
of his local chapter

three years in a row.

Move to strike, Your Honor.

Sir, it says here

you're an officer on your co-op board.

- What's your title?
- Treasurer.

Bull's-eye. Talk about a thankless job.

People must hate him.

But he doesn't care,
which means we love him.

Marissa, talk to me.

What do you need, Dr. Bull?

Marissa's not there?

Um, she had...

- an emergency.
- (LAUGHING)

Can I help you?

- What kind of emergency?
- JUROR: By the way,

your pen is leaking.

Oh. (CHUCKLES)

You don't say.

Never mind. I don't need her.

This juror's acceptable
to the prosecution, Your Honor.

That was a very expensive shirt.

That was a very expensive pen.

Anyone feel like tapas?

Gentlemen.

Mr. Assistant District Attorney?

Sorry to interrupt
your lunch break, gentlemen,

but I was hoping to get a word.

What's on your mind, Counselor?

Well, I know you're not
gonna like this, but, uh,

I believe that
what we're looking at here

is a tragic accident.
Nothing more, nothing less.

But to compound the felony
by destroying young lives...

it makes no sense.

There's no physical evidence,
you got no eyewitnesses.

BULL: Wait a second.

None of that changes the fact
that someone d*ed

during the commission of a crime.

Excuse me, Jury Consultant.

What crime?

Contributing to the delinquency
of a minor.

Providing alcohol
to someone who is underage.

And by the way, I'm a trial scientist.

What I do is, I tell lawyers...

the ones who are smart enough
to listen...

what to do so they can win their cases.

And they pay me very well for it.

I'm guessing you and I are not
destined to work together.

These boys, including the victim,

were doing what college kids
have been doing

for years... drinking.

You really want to send them
to prison for that?

An -year-old boy d*ed, Counselor.

And a mother lost her child.

Absolutely.

It's a tragedy, but it's
a tragedy born of an accident.

No one set out to m*rder this poor boy.

My clients weren't even present
when it happened.

So they say.

I tell you what.

I'll let of them walk.

Mr. Assistant District Attorney.

I will... under one condition.

I want the person responsible.

The one who said,
“Let's get these pledges drunk”"

The one who said,
“Let's take them for a swim.”

I want that person to come forward

and accept responsibility.

There's no such person,
Mr. Assistant District Attorney.

Enjoy your lunch, gentlemen.

BULL: Well, this is a career first.

We're about to start a trial,
and I have no case.

- We have a case.
- No, we don't.

No. My idea didn't work.

I was sure they'd cr*ck
and somebody would come to us

and tell us the truth, but... (SIGHS)

they just offered to let us surrender.

Look at that.

Not one, “I'm sorry.”

Not one, “He was my friend.”

BENNY: They're all terrified,

just not terrified enough
to break ranks.

BULL: You know what?

We're doing this backward.

What are you talking about?

I'm tired of waiting for them
to come to us.

Let's pick one kid,
separate him from the pack,

and dismiss the charges against him.

What do you mean? Offer him immunity?

Yeah. That's exactly what I mean.

- We have to be smart about it, though.
- (WATER RUNNING)

We have to pick the right guy.

Not the guy we really think is guilty.

We want to see him punished.

We got to pick a guy we can squeeze,

a guy we can put on the stand
and scare the crap out of.

Make him understand,

once we've immunized him,

if he doesn't cooperate,
he'll be locked up for contempt.

If he lies, he'll be
locked up for perjury.

I know just the guy.

All I'm trying to say is, if
you approach it mathematically,

his roommate Carter
is the most vulnerable.

I don't understand.

What do you mean, “mathematically”?

Well, other than lies of omission,

the only lies everybody had tell

were that Sam got out of the water

and went back to the frat house
with them... two lies.

Carter, on the other hand,

had to go a lot further.
He had to say that he and Sam

made it back to the room
together and they went to bed.

And that therefore Sam must have snuck

out of the house after
everybody was asleep,

and d*ed alone.

Under a grant of immunity,
he must testify,

and if he lies, he is subject
to ten years in prison.

Remember, the point of all this
is to get him to tell us

what really happened that night.

You have got to use his testimony

against him like a club,

and b*at him with it,

until he tells us what we need to know.

I know what I need to do.

Well, if you know what to do,
then our job here is done.

Marissa.

Uh, did you call me?

When do I get to meet him?

Meet who?

Mr. Irresponsible.

Let's just see if it lasts the weekend

before we plan the wedding.

(CHUCKLES)

You know how important you are to me.

I think so.

And you can call me anytime.

Day or night with anything.

That is sweet.

I'm fine, Bull.

In fact, I'm better than fine.

I'm happy.

I'm happy you're happy.

Go get some sleep.

RICHMOND: You're here on
a grant of immunity.

Um, yes, sir.

That means, so as long
as you tell the truth,

anything you say here,
we can't use it against you.

That's what my lawyer said.

RICHMOND: You and Sam were roommates.

Would you say you were friends?

Well, uh,

we just met six weeks ago,

but, yes.

W-We liked each other.

RICHMOND: On this particular night,

there was a pledge party.

I think you told the detective
it was a celebration.

Was there alcohol at the celebration?

Yes.

Did you drink?

Yes.

Even though, here in New York State,

you're under the legal drinking age.

DANIELS: Your Honor.

We're prepared to stipulate

that there was underage drinking

at the celebration.

So stipulated.

Did Sam drink?

Yes, I-I saw him drink.

Any idea how much?

CARTER: I, uh, wasn't keeping track.

(RICHMOND CLEARS THROAT)

Coroner says Sam's blood alcohol
level was . .

Just to put it in perspective,

symptoms in a typical human being

with a blood alcohol level
between . and .

are complete unconsciousness,

depressed or absent reflexes,
and impairment

of circulation and respiration.

Not to put too fine a point on it,

but death has been known to occur

at a blood alcohol level
of . or higher.

And fatality is almost certain
for nearly all individuals

at . or higher.

DANIELS: Objection, Your Honor.

Is counsel gonna ask a question?

Sustained. Ask a question,
Mr. Abernathy.

Happy to, Your Honor.

So based on these findings,

knowing that your roommate... friend...

was almost certainly at the
very edge of consciousness,

perhaps even death's door,

is it still your testimony

that he got out of the water on his own,

traveled three quarters of a mile back

to the fraternity house in the dark,

climbed stairs to the second
floor and went to bed?

Yes, sir.

That is my testimony.

RICHMOND: To the room you shared.

Right beside each other.

Yes, sir.

Did he get undressed?

We were already in our underwear.

Did he brush his teeth?

- I-I don't honestly remember.
- RICHMOND: But you are swearing

under oath that the two of you

returned to your room that night

safe and sound, and that anything

that happened to him
happened after that.

Yes, sir.

Son, do you know the
punishment for perjury?

It's ten years.

Ten years in prison
for lying to the court.

I'm not lying.

That's ten years per each lie, actually.

So you'll be, what,

when you get out? Or or .

DANIELS: Objection, Your Honor.

We understand the concept of lying.

We understand ten years,
and we all know how to count.

I'm not lying.

RICHMOND: What if I told you

that I have security video
that shows of you

leaving the house for the celebration,

but only of you coming back?

Would you be inclined
to change your story?

(EXHALES)

All that drinking...

He needed to use the bathroom.

He went in the side door.

It's closer.

No camera there.

Is that your sworn testimony?

(SIGHS) It is.

Nothing further at this moment,
Your Honor.

DANIELS: Defense has no
questions for this witness,

- Your Honor.
- JUDGE: If counsel

for both sides could approach the bench.

What's Marissa saying?

We created a lot of doubt,

but not a lot of certainty
and people don't convict people

based solely on doubt.

RICHMOND: The judge would like
to see us in her chambers.

She's threatening to dismiss the case.

(EXHALES): Ooh.

I've got defendants in my courtroom.

defendants, jurors,
-some parents,

enough lawyers to hold a convention.

But not one name on the witness list

that promises to provide an iota of fact

that will lead us anywhere different

from where we are right now.

In my opinion, this has been

a colossal waste of time and resources.

But, Your Honor,
that boy was obviously lying.

That's a supposition, Your Honor.

JUDGE: One we have neither the time

nor the authority to adjudicate.

That would have been
for the jury to decide.

Would have been?

JUDGE: I'm going to
issue a directed verdict.

Everyone innocent on all counts.

Let the defendants,
the jurors, everyone,

- go home.
- BULL: But there's one more witness.

JUDGE: Excuse me?

I'm asking a favor, Your Honor.

Allow us one more witness,

and I believe we can bring this
to some kind of just conclusion.

And who is this mystery witness?

The person for whom I took on this case.

The victim's mother.

DANIELS: Excuse me.

She wasn't there when her son d*ed.

She's not a percipient witness.

We're not here to provide
catharsis, Dr. Bull.

We're here to find the truth
and I fail to see

how this is going to get us there.

That's why I called it a favor,
Your Honor.

You promised me you would
get me the truth.

That's what I'm trying to do.

They don't want to hear from me.

They already know
everything I'm gonna say.

Don't be so sure.

You remember what you said
to me the first time we met?

I told you I believed there were
people present when Sam d*ed.

And you said just the thought of that

was like a second death to you.

The boys need to hear that.

It just might shake
the truth out of them.

(SIGHS)

Okay.

Tell me what to say.

Uh, Sam was an only child.

He had no father.

He had no brothers, so, the idea

of being in a fraternity...

a house full of brothers and fathers...

he was very excited.

DANIELS: Objection.

Relevance.

Ask a question, Mr. Abernathy.

The day you got the call

informing you that they
had found Sam's body,

what were your reactions?

Again. Relevance.

Overruled.

Let the woman speak.

Well, there were many things.

First I thought it must be some mistake

and then I realized it wasn't...

that Sam was gone.

Just... gone.

And then I realized that no one

could look me in the eye
and tell me what happened.

That apparently, no one knew.

And that...

I was gonna have to live
the rest of my life

knowing one day I had a child,
and then the next day I didn't,

but I would never know why.

And then?

And then it-it started to seem like...

maybe somebody did know.

Like, maybe there actually

had been people there.
Like, a lot of people.

And so, I wondered who made the choices.

I mean, did they all

just say, “Let's...

go and get the pledges drunk”?

Did they all just decide, “Hey, let's

throw him in the river,” even though

they're so drunk
they can't see straight?

And then I gue...

I guess... when Sam drowned...

...did they all... decide,

“Let's just not... call anybody.

“Let's... go home.

Let's just get some sleep”?

DANIELS: Objection, Your Honor.

I don't mean any disrespect,

but I would be derelict in my duties

if I did not object
to all this testimony

based on relevance.

Sustained.

You're right.

The jury will please disregard
everything they just heard.

Right. Just go ahead and unhear that.

JUDGE: Let's take a one hour recess,

and counsel and I will
meet in my chambers

to determine next steps.

(GAVEL BANGS)

Earth to Marissa. Talk to me.

Uh, well, the jurors were clearly moved.

BULL: Enough to convict?

Yeah, not quite.

Eight are green, and four are still red.

What's your next move?

Well, I'm probably gonna
do what most great men do

when confronted with
a situation like this.

Yeah. What's that?

- Lie.
- Excuse me?

I'll tell you all about it tonight

when I get back to the office.

Oh, and do me a favor.
minutes from now,

will you please text Benny?

- Uh, text Benny what?
- BULL: Doesn't matter.

Just text him.

Come on. Let's find Richmond Abernathy

and see if we can convince him
to tell a couple of good lies,

or at the very least, let us tell them

without him blowing our cover.

Our algorithm's never wrong.

Rebecca's testimony
turned every single juror.

boys, convictions.

And you know Judge Hanlon.

It's not gonna be picking up trash

on the side of the road. Mm-mm.

You're going to prison.

Logan, jury wants to hear from you.

This is nonsense.

You can't get a conviction
based on a bunch of stares.

You're really willing to take
all your friends down with you?

(PHONE CHIMES TWICE)

Oh. Sorry.

Huh.

It's one of the lawyers.

Somebody wants to make a deal.

Should I step outside and call him back?

One of the other lawyers?
Someone on my team?

(PHONE VIBRATING)

Let me see the phone.

- Not gonna show you my phone.
- Why?

'Cause there's no such text? Come on.

Let me see it, big sh*t!

- Hey, get your hands off me!
- Gentlemen!

Quiet!

(PHONE BEEPS)

I just got two voice mails from parents

who are willing
to allow their sons to testify

in exchange for immunity.

With all due respect,

Mr. Assistant District Attorney,
would it be possible

for me to hear those voice mails?

I'm an officer of the court
for the State of New York.

Are you suggesting that I'm a liar?

Fine.

Go and make imaginary deals

with imaginary lawyers
and imaginary parents.

We're done here.

Being pretty cavalier with your
client's future. You're going

home to bed tonight.

He and all of his friends
are gonna do years.

years? Really?

That's the sentence for manslaughter.

That's the maximum.
No one gets the maximum.

BENNY: They do in Judge Hanlon's

- courtroom.
- And that's before I indict you

for obstruction of justice.

That's good for another,
well, ten years.

No. No, I'm-I'm not going
to prison for years.

Then let me help you.

Agree to testify, and let that jury

and that grieving mother know
what really happened that night.

And then I will go to the judge,

and I will use every bit
of influence I have

to get her to go easy on you.

You just said Judge Hanlon
doesn't go easy on anyone.

This is a business of favors,

and I've done a ton of 'em.

I guess it's time to collect.

What do you say?

When I was a kid, my grandpa
would talk about World w*r II.

But my dad and my older brothers...

they'd talk about Hell Night,
about pledging,

about how surviving that ordeal
made you a man,

and introduced you to the people

that would stay your friends
for the rest of your life.

We all really liked Sam.

That's why we asked him to be one of us.

Nobody expected him to die.

Who bought the alcohol?

I did.

Uh, the fraternity, but we used my I.D.

And who ordered the defendants to drink?

Me, but, I mean, we all did.

It-It's kind of what you do.

And who marched him down to the dock?

That was me.

I had the megaphone,

and I was the one who pushed Sam
into the water.

RICHMOND: And how long
did you keep them there?

I don't know. Maybe an hour.

Uh, we were drinking and shouting

and having a great time, and then,

Carter... he was treading water...

started to say he couldn't
see Sam anymore, so...

we started calling his name,

uh, diving into the water
to try and find him, but...

you couldn't see anything. It...

MAN: Sam!

- It was black...
- (ECHOING SHOUTS)

...so we just kept calling his name.

Sam!

Sam! Sam! Sam!

And then, it kind of got quiet.
(SNIFFLES)

We stopped calling his name.

I-I guess we just realized

that he wasn't there.

And then,

I said, um... I said this thing.

I said... (SNIFFLES)

“Well, maybe he just went back
to the house.”

(SNIFFLING)

I don't know where it came from,

and I wish I had never said it.

(SNIFFLES)

It was just kind of...

You could tell that... (CLEARS THROAT)

The second they heard it, it was
what everyone wanted to hear.

(SNIFFLES)

We were drunk and stupid, and we didn't

even think to call the police.

Nobody said a word on the walk home,

but I think we all realized that
there was a really good chance

that our lives were gonna be
very different now.

And what happened
when you got back home,

and he wasn't there?

Didn't anyone suggest
calling the authorities?

Everybody was really drunk

and really scared.

Everyone just...

went to their rooms and
either passed out or prayed

that he'd show up the next
morning, and when he didn't...

(SNIFFLES)

...we made a promise to each other

that we would not talk
about what had happened.

Not to our lawyers.

(VOICE BREAKING):
Not even to our parents.

(SNIFFLES)

And whose idea was that?

That was me.

(BREATH QUIVERING)

I'm truly sorry.

(GALLERY MURMURING)

JUDGE: You've been convicted
of manslaughter

in a sad and senseless death.

A young man full of life
and promise is gone.

And you had the power to stop it.

But instead, you chose to indulge

and encourage yourself and others

in reckless and wanton behavior.

I'm taking into account that

you admitted to your role
in the incident

and took responsibility for the effect

of your behavior on others.

And I will note that Dr. Bull,
a member of the opposing team,

has spoken up on your behalf,
which is a rare occurrence.

I'm not one to reward bad behavior,

but in this case,
I'm going to make an exception.

I hereby sentence you to serve
two years in state prison.

(GALLERY MURMURING)

(HANDCUFFS TIGHTEN)

Not so fast.

Sit down, please.

The rest of you bare a certain
degree of culpability, as well.

I'm sentencing each of you

to hours of community service.

(GALLERY MURMURING)

She took your suggestion.

Dr. Bull.

(SIGHS)

Thank you.

You kept your promise.

I had a lot of help.

(ELEVATOR BELL DINGS)

Marissa?

Marissa?

I know you're dying to hear.

Have I got a story for you.

Mariss?