05x12 - We, the Juries

[bunniefuu]

MATAN: Your Honor, the defendants, Howard Lampe and Darla Riggs, conspired to transport and deliver cocaine on a flight from Rio this past July.

They should be tried together because they committed this crime together.

WILL: No, they are accused of committing this crime together.

It would prejudice my client to be tried alongside Mr. Lampe.

ALICIA: And my client alongside...

We ask again, Your Honor, Ms. Riggs. that you sever these cases...

ALICIA: It is only in the interest of judicial economy...

Your Honor, all of the prosecution witnesses are common to both Mr. Lampe and Ms. Riggs.

It is the height of insanity to force these witnesses to testify in two separate trials.

Yes, we understand the inconvenience...

MATAN: This isn't about inconvenience.

ALICIA: That is a small price to pay...

This is about a costly outlay...

For what this trial should be.

It's an injustice, Your Honor.

That seems petty...

Thank you... all.

My concern, counselors, is that severance of the two trials was not requested in a timely fashion.

ALICIA: Yes, Your Honor, the circumstances of the defense have changed.

And what circumstances are those?

Our firm has since...

Two months ago, Your...

Our firm has since...

Two months ago...

Go.

Well, thank you.

When we originally represented the two defendants, we were one firm acting in concert, but Mrs. Florrick poached our clients...

Oh, we didn't poach anyone.

What would you call it?

So, you want to sever your two cases because you are now two law firms?

Yes, Your Honor. It's in the best interest of our clients.

Mr. Lampe, Ms. Riggs, you agree with this?

Uh, yeah, yeah, we think it's for the best.

Yes, Your Honor.

Since the defendants are entitled to separate trials, I have no choice but to grant a severance.

Thank you, Your Honor.

But I am severing cases, not courtrooms.

It will be a double jury trial.

A double...?

Uh, Judge, I don't think that that...

Your Honor, two juries will complicate our prosecution.

Yes. That is understandable.

But I am a staunch advocate of judicial efficiency.

And you two counselors will just have to act in concert again.

We will commence jury selection this afternoon. Thank you.

Are you all right?

Yeah. You?

I'm good.

I love you.

I love you.

CARY: I heard.

So this should be interesting.

Which? Working alongside Will, or a double jury?

Oh, yeah, a double jury.

Uh... I'll first chair.

What? Why?

Calm things down, keep it from getting too emotional.

I won't get emotional.

We're on the same side on this.

Not you. Will.

Keep him from getting emotional.

Okay. You first chair.

ELI: It was sent as an anonymous tip to Anne Stevens, the Tribune reporter.

I've never seen this before in my life.

The tip said, "Here is evidence of Peter Florrick stealing an election.

Happy hunting."

Are they running it?

No. I got a two-week delay.

I had to trade for it.

Give 'em our pension rollout.

Who is that? Is that someone you know?

No.

ELI: Yes. It's Jim Moody, my fixer during the campaign.

PETER: What?!

ELI: I didn't ask him to do anything.

Wait. No one say anything.

Mr. Governor, it is in your best interest to not talk to Eli at this time.

Everything being said now, everything that was just discussed, we'll have to repeat at some point to federal investigators.

Well, that was the shortest honeymoon period in history.

One month as a governor.

MARILYN: We don't even know what this is, Mr. Governor.

What we're seeing is a ballot box. It could be anything.

ELI: No. Our lawyers argued in court that it was a stuffed ballot box.

Then we found out that the 30,000 votes were for Peter.

Who was the lawyer who argued in court?

I'll have to question them.

Alicia.

Your wife?

30,000 votes.

You don't steal an election with 30,000 votes.

We won by eight points!

Okay. We can't discuss this anymore.

Eli, I'll need to question you first.

I'll be right there.

You can't be talking.

It's not about this.

We all know the maxim, but it's true.

"It's not the crime, it's the cover-up."

Marilyn, there is no cover-up.

But for me to run this state, I need to be able to talk to my Chief of Staff alone.

Very well.

(door opens, closes)

Who's the tipster? Moody?

No, no. He's a soldier. He gets it.

(Eli sighs)

Someone at Lockhart/Gardner?

Why?

Will Gardner came to my hotel suite on election day to show me a video.

Damn it.

I refused to look at it.

There is a lot of hate for us over there these days.

Diane?

No. It doesn't seem like her.

Will could be out of his mind.

Keep tabs on her.

Already on it.

(overlapping crowd chatter)

This is crazy.

(continues indistinctly)

DIANE: Good afternoon.

Good afternoon to you, too.

First chair?

Yup.

Here we go.

GENEVA: experiences or opinions you might have about the subject matter of this case?

WOMAN: Uh, no.

No objections for this juror, Your Honor.

No objections.

JUDGE: Thank you, ma'am. You may be seated.

Actually, ma'am, not that jury.

The folding-chair jury.

GENEVA: Uh, sorry, Your Honor. Is this for the Darla Riggs jury?

JUDGE: It is.

GENEVA: We'd like to exercise our peremptory challenge.

So she's all right for the Howard Lampe jury, but not ours?

We don't have to explain our peremptory challenge.

(loud, overlapping chatter)

DIANE: Thank you for your service today.

Sure.

When there is a disagreement in a relationship between a man and a woman, do you think it's better for the man to decide, or the woman?

Well, it's probably better if the guy does, just 'cause someone has to.

And if the guy did decide, would you...

Excuse me... blame the woman for his decision?

Your Honor, we object to this question.

Your Honor, it's not their place to object.

They're part of the defense.

DIANE: This is utter...

CARY: So, our jury pool can be tainted but yours can't?

(loud, overlapping chatter)

CARY: And do you think it's possible that women can use their looks to manipulate men?

WOMAN: Oh, sure.

It happens all the time at school.

And should the man be held responsible if he's misled by the woman?

DIANE: Oh, come on.

Your Honor, seriously?

CARY: Is that an objection?

I don't hear an objection.

I object to your entire voir dire.

You're acting in an adversarial...

(loud, overlapping chatter)

They're coming after us.

We need everything you dug up on Howard Lampe.

I don't have anything.

I thought this was a collaborative defense.

We've changed our minds.

It's a double jury, and they're using it against us.

We need any dirt on Lampe, and we need it fast.

Okay.

We have a chance to peel another client away.

From Lockhart/Gardner? Who?

The Paisley Group.

CARY: How do you know?

I have a friend who's an assistant there, and they're feeling ignored by Lockhart/Gardner.

Mr. Gardner cancelled too many meetings.

Great, let's get a plan together.

And, um, Robyn, get anything you can on Darla Riggs.

Our co-defendant? Why?

'Cause they're doing the same.

KALINDA: Hey.

Haven't seen you in a while.

Yeah, it's been tough.

Oh, come on, Cary.

Look, just give me one second.

Please?

(sighs)

A second.

Uh... I'm sorry.

For?

For things ending poorly between us.

You're forgiven. Anything else?

Yeah, you're being a douche.

Uh, yeah.

Things are kind of busy here, Kalinda.

JUDGE: Each jury should concern itself only with evidence pertaining to its defendant.

You will not consult with the other jury.

I realize these are cramped quarters, but we're all going to have to make do.

Please inform the court if you have any questions or concerns by raising your hand.

Uh, yes, sir.

Do we have to sit in the folding chairs the entire time?

Yes, if that's where you've been empanelled.

But the other jury gets to sit in the box in the good chairs?

Okay. Perhaps we can alternate.

Why do we have to alternate?

You already said that we get the jury box.

(loud, overlapping chatter)

No, no, no, no, no, no, no, no.

Everybody calm down.

I have decided that we will alternate.

MAN: We began surveilling Mr. Lampe and Ms. Riggs once they entered the Customs area.

Why did you monitor them, Officer Sorrento?

When a couple getting off a plane from Brazil doesn't look organic, alarm bells go off.

And the defendants didn't look like an organic couple?

Could you explain?

Well, uh, Mr. Lampe looked like a professor.

And, uh, Ms. Riggs, she was, um, very pretty.

GENEVA: Anything else suggest they might be transporting dr*gs?

Yes. Mr. Lampe was sweating profusely, and Ms. Riggs was staring down at her feet.

A search revealed a stash of two pounds of cocaine.

GENEVA: Thank you, Officer.

I tender the witness.

Officer Sorrento, were you aware that Ms. Riggs and Mr. Lampe met and fell in love at Rio's Cinque Terre Resort the previous week?

No.

So, this nervous behavior that you observed could be attributable to the fact that Mr. Lampe had invited his new girlfriend home for the weekend?

Or to the $100,000 in dr*gs in his carry-on.

(scattered laughter)

If the dr*gs were found in Mr. Lampe's carry-on, why did you arrest Ms. Riggs?

Well, a search of Ms. Riggs revealed $30,000 on her person.

So you have a circumstantial case that the defendants conspired?

Yes. Based on my investigation.

Which yielded no direct evidence that Ms. Riggs participated in Mr. Lampe's scheme...

Objection. Assumes facts not in evidence.

JUDGE: Sustained.

I will rephrase.

You have no direct evidence that Ms. Riggs had access to Mr. Lampe's bag?

That's correct.

Okay. They're coming after us.

Officer, you said that my client was carrying the bag.

Meaning you concluded it was his bag, right?

Yes.

Footage from the Galeao Airport in Rio confirmed the bag was in the sole possession of Mr. Lampe...

Are you aware that Ms. Riggs had reached her two carry-on limit and had given Mr. Lampe her bag to transport?

The bag had no name tag.

But you assumed it was Mr. Lampe's, right?

But it's possible that Mr.

Lampe was an unwitting mark in a smuggling scheme engineered...

Objection.

Calls for speculation.

Sustained.

Your Honor, we are co-defendants here.

Ms. Lockhart can't object.

He sustained your objection to our questioning.

Yeah, which was a mistake.

WILL: Excuse me, Your Honor.

I'm not gonna allow Mr.

Agos to criticize this...

(overlapping chatter)

MARILYN: Mr. Gold, is the man in this surveillance photo Mr. Jim Moody?

As far as I can tell, yes.

Did you order Mr. Moody to perform these actions?

No, I did not.

Did you ever hint to Mr. Moody that he should do something illegal regarding the ballot boxes?

Yes?

That's too broad.

What part?

Did I ever hint?

You're saying you did hint?

No, I'm saying the answer to a question like that could lead to misunderstandings.

Eli, we have to be honest with each other.

Marilyn, I make 800 decisions a day.

During a campaign, it's twice that many.

I can not micro-manage every person I give a direction to.

There's not enough time.

I give them a direction, then let them exercise their creativity in accomplishing that... direction.

And is "creativity" a euphemism for "illegality"?

No.

What direction did you give Jim Moody that he might have exercised his creativity to do that?

(sighs)

I said we were short of votes in the 12th precinct, and we needed to get out the vote.

There's nothing wrong with saying "get out the vote."

There's a chance...

I said we needed to do whatever we could.

(sighs)

But I would insist that is my manner.

I am absolutist in my encouragement... toward my underlings.

Here's the problem, Eli: If Mr. Moody believes you encouraged him to stuff that ballot box, your words are problematic.

I did not order him.

Will Mr. Moody back you up on that?

♪ I got high hopes ♪
♪ I got high hopes ♪
♪ I got high hopes ♪
♪ I got high hopes. ♪

WOMAN: Sorry, I have to pack for a red-eye tonight.

After court.

Oh, that's all right, Ms. Barrett, this'll only take a minute.

You know, I already told the prosecution everything I know.

They're supposed to share it with you, right?

Um... yeah.

But I'm wondering about some things that they may not have asked you about.

Do you want a gummy bear?

I do.

Thanks.

So did Ms. Riggs exhibit any other sketchy behavior on the flight?

Like, did she drink too much or maybe steal magazines?

No. Why?

Well, you've seen my client, right?

Why would a woman like her be interested in a guy like him, a dorky calculus professor?

Unless she was using him.

Well there was that thing in the bathroom.

Yeah, that thing in the bathroom.

Sorry, wait, what was that thing in the bathroom?

The... Mile High Club thing.

(knocking)

Robyn. Hello.

Hello.

May I help you?

Yeah, I just need to ask you some questions.

MAN: We just don't understand why we get the small jury room and the other jury gets the big one.

It's not the big one.

Ours is just as small.

JUDGE: I'll remind you, sir, that you are in the jury box.

You asked us to share that, remember?

We will rotate the jury rooms as well as the seats.

It was a full flight, and we had no more overhead space.

So I told Mr. Lampe his carry-on would have to be stowed a few rows away.

And how did he respond to that?

He was agitated, argued with me about it.

MATAN: In fact... there came a point when the bag became the subject of dispute between Mr. Lampe and another passenger, didn't it?

Yes, the passenger in 26B tried to move it to access his own bag, and Mr. Lampe shouted at him.

And exactly what did Mr. Lampe shout?

Objection, hearsay.

Your Honor, we object to that objection.

The jury has a right to hear this exculpatory evidence.

Which jury?

Our jury. Ms. Riggs' jury.

Not in our jury's presence, Your Honor.

It is hearsay.

But not when used defensively.

Harris, please escort that jury, the jury listening to Mr. Lampe's defense, out to the jury room.

But leave the other jury behind.

HARRIS: Let's go. This way.

MATAN: What did you hear Mr. Lampe shout at the passenger who tried to move his carry-on?

He said, "Let go of my bag."

And did Ms. Riggs intervene in this argument?

Objection, Your Honor, our jury should be allowed to hear this.

You said it was hearsay.

No, the statement was hearsay, not the ensuing encounter.

Your Honor, we object to the other defense editing the testimony as they so wish.

What does it matter to you?

You act like this is a zero-sum game.

JUDGE: Thank you.

The jury will be allowed back in.

Harris?

Way ahead of you, Your Honor.

"We're taking the gloves off." That's what you told me.

But I never authorized you to...

I didn't know you were gonna do this.

Eli, I could fill a book with what you know about what you don't know.

So where are you taking this?

I'm taking this... where you want me to take this.

If you're taping this, Jim, I'm not offering third-party consent, so any recording will be considered inadmissible.

Wow.

You think that of me?

I think this conversation is oddly stilted.

Okay, let me make it less stilted.

I could get three years for election fraud.

Why do I do that?

Because you're a good soldier.

I could get less if I testified.

And you'd have no friends, then.

Ever.

Right now you have the friendship of the governor.

Lot of good that does me.

Better than no one.

Okay.

So it stops at you, right?

And I wasn't here.

CARY: Ms. Barrett, you commented about noticing

Ms. Riggs and Mr. Lampe.

Did you see Ms. Riggs in the vicinity of the business class restrooms?

BARRETT: Yes.

Is this the woman you saw enter the lavatory with Ms. Riggs?

Objection, Your Honor.

Relevance?

CARY: The relevance is that Ms. Riggs was faking her love for our client in order to get him to deliver dr*gs.

That is our contention, Your Honor.

JUDGE: Overruled, I will allow.

Ms. Barrett, how long were Ms. Riggs and this woman in the lavatory together?

About 15 minutes.

And when they emerged from the bathroom, did you notice anything unusual about Ms. Riggs?

(quietly): It's okay.

She was adjusting her skirt.

CARY: Thank you.

It's not true, Howie.

Excuse me, ma'am, no talking here.

JUDGE: Ms. Pine?

Judge, may we approach?

The prosecution would like to recall

Ms. Riggs' jury so they can hear this testimony on redirect.

We object to that, Your Honor.

On what basis? Its prejudicial impact outweighs its probative value.

That's why my client's jury was sequestered in the first place.

No, your jury was sequestered because Ms. Riggs counsel elicited the testimony.

It's a different matter if the prosecution elicited it.

He's right, Ms. Lockhart.

Ms. Riggs' defense is that she was manipulated by Mr. Lampe.

The prosecution wants to undercut that by presenting testimony alleging an on-flight liaison with a stranger.

That's exactly right, Your Honor.

Harris.

Got it.

You guys, let's go.

BARRETT: Yes, they were alone in the bathroom for 15 minutes.

And based on your experience as a flight attendant, when two people enter a lavatory, what is usually the purpose of that visit?

Objection, calls for speculation.

Overruled.

BARRETT: Sex.

Of course.

DIANE: Ms. Barrett, do you believe in pre-marital sex?

MATAN: Objection, relevance.

No.

How is the witness's belief remotely relevant here?

It is connected to her perception of what happened.

Overruled.

Ms. Barrett, you disapprove of my client's lifestyle, don't you?

No.

No? Well, my client is attractive, she's unmarried, she's traveling with a single man.

You're jealous.

MATAN: Objection, argumentative.

That one I'll sustain.

Did my client ask you for a clip to keep her skirt from slipping?

What?

Did my client ask you for something to keep her skirt from slipping due to a broken clasp?

She did, but... that's not... are you saying that that's why this woman was helping her in the lavatory?

DIANE: Yes.

Objection, Your Honor, misstates the eviden...

(whispers): Don't object.

MATAN: One second, Your Honor.

(whispering): We need to get the other jury back in here to hear this.

MATAN: Why do we need the other jury?

We want to convict them both.

She can't be seen as screwing around on him.

JUDGE: Are you counselors still objecting?

Actually, no, Your Honor.

We withdraw our objections and ask that we be allowed to redirect this witness in front of the other jury.

Are you friggin' kidding me?

Harris.

Why is that, Counselor?

We need to...

I don't know, I... because?

(scoffs quietly)

It was just about my skirt.

I know.

I trust you. Here they come.

They're offering six years.

CARY: For each of you, but it's a package deal. You both plead to simple possession or neither of you do.

Oh, it's an elementary game theory, you know?

We're better off if we act together, but not as well off as we might be if we act alone.

It's the prosecution's idea.

They want to play you against each other.

They weren't offering a plea before trial, now they are.

It means they know we've made a dent in their case.

And wh... what are our chances of b*ating this?

Um... why don't we talk over here?

No, no, no. No. We're, uh... we're in this together.

Okay.

You cut a pretty sympathetic figure, Howard.

Because my jury thinks Darla manipulated me?

Yes.

What about my jury?

It's better if they think you're Howard's pawn.

So our best chance here is if no one believes we're in love.

Yes.

DIANE: It's only for the purpose of the trial.

It's just for how you appear in court.

It's not really why...

(Diane continues indistinctly)

That's one of my jurors.

ALICIA: Talking to one of mine.

♪ He pulls a prayer book out of his sleeping bag ♪

Can I buy you a drink?

I have a drink.

I'll buy you another.

I'll take two.

You following me?

No, I'm having a drink.

Kalinda, I told you I'd give you five minutes.

Don't waste 'em.

Okay.

I miss you.

(laughs)

You pretend you're jumping ship with Florrick-Agos so you can pass our secrets to Lockhart/Gardner.

They're my employer, Cary.

And I was your friend.

Yeah, which is why I kept your secret for three months.

Oh, what... what secret?

That you were leaving.

You know, Will was ready to fire me for that.

I'm not your enemy, Cary, but I can't endanger my job for you.

Great, you've said your piece...

BARTENDER: Oh, I'm s... I'm...

Oh, my God.

I am so sorry.

Here, wait, let me do this.

Uh... I get it.

I got it, I got it, I got it.

(phone vibrates)

♪ Look in their eyes, Ma, you'll see me ♪
♪ Well, the highway is alive tonight ♪
♪ Where it's headed everybody knows ♪
♪ I'm sittin' down here in the campfire light ♪

♪ Well, the highway is alive tonight... ♪

When we got into our room this morning, someone left stinky Thai food in the garbage.

The other jury was the last one in there.

JUDGE: Any other matters counsel would like to address before we begin?

GENEVA: No, Your Honor.

WILL: No, Your Honor.

JUDGE: Mrs. Florrick?

Nothing, Your Honor.

Then let us proceed, shall we?

Abel Botera...

I'm a doorman at the Cinque Terre Resort in Rio de Janeiro.

Mr. Botera, this is security video from the resort lobby from the afternoon of July 11th of this year.

Can you identify this man?

Yes, that's Alonso Cazorla.

And are you aware that Mr.

Cazorla has been convicted by Brazilian courts of trafficking in narcotics on three separate occasions?

Yes, everyone in Rio knows this.

Can you identify the two people meeting with him here?

Yes. The defendants.

CARY: You've described Mr.

Cazorla as a drug dealer.

But he also runs a scuba diving company.

Doesn't he?

And a nightclub, two gas stations.

All fronts for...

So what we're watching here could simply be an exchange of money for scuba gear.

Isn't that right?

I guess.

In fact, didn't Ms.

Riggs ask you to arrange a scuba lesson with Mr. Cazorla a day before this video was taken?

Yes.

And that scuba lesson was for Ms. Riggs alone.

Wasn't it?

Yes.

Yes. So to your knowledge, only Ms. Riggs met with Mr.

Cazorla prior to the meeting that was captured on this video?

Objection, Your Honor, sidebar.

Right?

(whispering): By eliciting testimony that my client alone met with a convicted drug dealer, Mr. Agos is implying that Ms.

Riggs was solely responsible.

We have an absolute right to exculpate our client.

DIANE: Not by implicating ours, you don't.

Judge, we request limiting instructions.

It's like herding cats with you people.

Step back.

(snaps fingers)

It'd be better if we work together.

Tell that to Will.

What is it?

Kalinda thinks the Paisley Group might be ready to bolt.

We've been ignoring them.

Yeah, she has information on a case they're worried about.

Can you handle this?

Yes, go.

I am instructing Ms. Riggs' jury to disregard Mr. Agos' entire cross.

Mr. Lampe's jury, the ones in the folding chairs...

No, we're up here now.

Okay, good.

I'm happy.

Has someone told you I'm not happy?

We just want to do our due diligence, sir.

The Paisley Group matters to us. You matter to us.

Well, at first, I considered Florrick-Agos.

But again, I'm happy.

I don't know how else to say it.

I understand, sir, but we've identified some areas where you may need help.

Haley Elliott?

What about her?

Not to sound indelicate.

I know about the solicitation charge, sir.

You... you know...?

I don't...

What do you know?

That any decent firm can get you off, but the matter's still public record.

Now, Lockhart/Gardner can get the arrest expunged.

Which as a CEO of a major corporation...

Haley is not a prost*tute.

She's my granddaughter.

She's...?

Is this some sort of joke?

She's in a wheelchair with Hodgkin's.

No, sir, I'm... I'm very sorry.

I was terribly misinformed.

Yes, you were.

Is there anything else you need from me?

No, sir.

We're... fine.

I'll call this afternoon.

What was that about?

Cary.

What about him?

Yes, Mr. Paisley, absolutely, we would love to meet.

Right, exactly, one of the reasons we left Lockhart/Gardner was because it was getting too big, and losing sight of its clients.

The Paisley Group.

You're kidding? How?

I thought they weren't coming.

I paid a bartender to spill a drink on me.

You...? (stammers) No, I'm here, I'm here.

We're following all the ethical rules, Marilyn.

Yes, unfortunately, this isn't about the ethical rules.

I... I just need to ask you a few questions, Alicia.

After court.

This isn't about you as Peter's spouse.

It's about you as Peter's lawyer.

Court is now in session.

The Honorable Loudon Spencer presiding.

Mr. Botera?

What languages does Mr. Cazorla speak?

Far as I know just Portuguese.

So only a person conversant in Portuguese could have a meaningful conversation with him?

I guess.

And to your knowledge, did either Mr. Lampe or Ms. Riggs speak Portuguese?

Only Mr. Lampe did.

Which is why he was the only one who was speaking to Mr.

Cazorla in the video.

Right?

Judge, sidebar?

This is precisely the type of questioning that Mr. Gardner objected to.

Apples and oranges, Your Honor.

He's implicating our client in front of our jury.

After you implicated ours in front of hers.

Look, if this is about the Paisley Group, why don't you just come out and say it?

DIANE: What are you talking about?

CARY: We request limiting instructions.

No.

ALICIA: Your Honor, without limiting instructions, our client's case is fatally compromised.

Sit down, Counselor.

You understand that's reversible error, right?

Excuse me?

I think Mrs. Florrick is simply requesting an explanation for the record.

Here's my explanation.

I'm tired of the games and the backbiting.

We're gonna finish this trial.

You understand? No more sequestration.

No more limiting instructions.

If you want to appeal at the end of it, knock yourself out.

I would like to request conference in chambers.

You're on thin ice here, Mrs. Florrick, I understand.

But there's a matter I've been remiss in bringing to the court's immediate attention.

Juror misconduct?

Yes! Your Honor, we saw two jurors from opposing juries...

They're not opposing.

Conferring with each other after court yesterday.

And what's your explanation for sitting on this?

Context, Your Honor.

Initially I thought it was an innocent exchange.

And did you witness this illicit communication, too, Mr. Gardner?

No, Judge.

Your Honor, that's...

Mr. Gardner was with me.

If Mrs. Florrick is accusing me of lying to the court, I assume she can corroborate that accusation.

(quietly): Uh... um, no, Your Honor.

Per... perhaps I was mistaken as to what Mr. Gardner observed.

So you know nothing about this video?

Alicia, have you seen this video before?

No.

Do you know anything about the activity depicted in this video?

No.

But these were the ballots you went to court to dispute, correct?

I have no idea.

And just to be specific, I went to court to delegitimize those votes.

Right.

Thanks for clarifying that.

Do you know Jim Moody?

No. I mean, I know of him.

He worked on my husband's campaign.

You never had a conversation with Jim Moody?

Marilyn, I have answered all your questions as candidly as I can.

I have no idea about this video, period.

Now, I'm in the middle of a trial.

Of course. Thank you for your time.

(door opens, closes)

♪ Won't take much to k*ll a loving smile ♪
♪ And every mother with a baby ♪
♪ Crying in her arms singing ♪
♪ Give me strength, give me love ♪
♪ Give me peace ♪
♪ Don't you know these days you pay for everything ♪
♪ Got high hopes ♪
♪ I got high hopes. ♪

Can you leave us, please?

I'll call you back.

(door closes)

I was here to see Marilyn Garbanza.

(sighs)

I'm sorry about that.

I didn't, I didn't think she'd be moving so fast.

That video?

Did you know anything about it?

I wasn't even aware of its existence until yesterday.

I'm not talking about its existence.

I'm talking about what it depicts.

Alicia, if I had known what Jim Moody was up to, why would I have asked you to disqualify those ballots?

You didn't ask me.

Eli did.

Because he didn't know anything about what Moody was up to.

And neither did I.

Zach, our son, testified in court about those ballots.

I know.

And he will have to testify again.

This time in front of the Feds.

I hope not.

No!

My son will not get caught up in the middle of this hurricane.

You need to fix this.

Alicia...

Just tell me that you will fix it, okay?

Just tell me that.

I'm gonna fix it.

(knocking)

Well played, Cary.

(chuckles)

When did you find out Haley Elliott was his granddaughter?

After we accused him of solicitation.

(both laugh)

You paid the bartender to spill the drinks, and then texted your own phone?

Yup.

When did you think to do that?

Ah, not too much before you got there.

(sighs)

Take care, Kalinda.

So, we're even now?

Yeah. Why?

Then let's get a drink.

So you can get one up on me?

No.

'Cause I want a drink.

This isn't a good idea, Kalinda.

I know.

So?

Ryan Belfair.

I'm the head of security for the Cinque Terre Resort.

Mr. Belfair, what are we watching here?

It's security video from the sixth floor of the Cinque Terre Resort.

Could you please tell us what you see next?

That's Mr. Lampe and Ms.

Riggs with Alonso Cazorla.

Mr. Lampe's handing him an envelope.

Was Mr. Cazorla staying at the hotel?

He was not.

So as head of resort security, could you please explain how Mr. Cazorla got up to Mr.

Lampe's room on the sixth floor?

Someone staying at that hotel would had to have given him a key to access the elevator.

MATAN: Thank you. Nothing further.

JUDGE: Mr. Gardner?

WILL: Mr. Belfair, you have no idea what was in that envelope, do you?

No, but I can guess.

WILL: I'm not asking you to guess.

I'm asking if you know.

BELFAIR: No.

Alicia...

I noticed something in the video.

ROBYN: When I talked to the flight attendant, she was packing all during the conversation.

Now, the video that we just saw in court?

Alonso Cazorla is wearing a T-shirt that says "Honey Bar" on it.

It's a place that he owns.

And I remember Ms. Barrett had a cap that said "Honey Bar."

So I went to her profile.

And I found this picture.

We could argue that the flight attendant and the coke king knew each other.

That's great work, Robyn.

Now, here's a question.

Should we tell them?

Will and Diane?

It helps us both if we're arguing in sync.

Yeah.

Or could they try to screw us?

Yeah, if they want us to lose more than they want to win.

Ms. Barrett, were you in a drug treatment facility in 2006 for addiction to painkillers?

Objection. Relevance.

She testified, Your Honor.

The jury has a right to judge her trustworthiness.

JUDGE: Overruled. Please answer.

Yes.

I was in rehab for four months.

And you've struggled with narcotics addiction?

I'm... I'm cured now.

WILL: Now, you've run up a credit card debt that's currently $45,000...

Objection, Your Honor.

This is naked character assassination.

JUDGE: Sustained.

Nothing further, Your Honor.

ALICIA: Ms. Barrett, as a flight attendant, do you have to go through airport security?

Yes, I'm subject to expedited screening.

In fact, at Galeao Airport you bypass security altogether.

Your bag isn't x-rayed. It's not searched.

Yes.

But that's true for every crew member.

So to summarize... you have a history of drug use, a huge debt load, the ability to bypass airport security...

Objection.

Counsel is testifying.

... access to the bag in question during the entire flight...

JUDGE: Sustained.

Is it true that you planted dr*gs in my client's carry-on in order to extract it...

Objection!

Your Honor!

... once they had cleared security?

(bangs gavel) The jury will disregard Mrs. Florrick's entire cross-examination, completely lacking in foundation.

You will pay it no mind.

Oh, thank you.

The waiting...

I keep thinking the worst.

I have a good feeling about this.

ALICIA: Me, too.

Jury's back.

Which one?

Theirs.

JUDGE: And has the jury reached a verdict?

We have, Your Honor.

JUDGE: In the matter of Howard Lampe, what say you?

Um... actually, we're the Darla Riggs jury.

Oh...

What say you?

On the charge of felony possession of a controlled substance with intent to deliver, we find the defendant not guilty.

Oh...

(laughing)

JUDGE: And it appears we have another matter to attend to.

Mr. Lampe's jury has requested that excerpts of testimony from two witnesses be read back.

What does that mean?

It means they need more information before they decide.

That's bad.

Isn't it?

If they need more information, that's bad?

MARILYN: Mr. Gardner, you were the Florrick campaign's attorney at the time of his election, correct?

No, I was one of a number of Florrick campaign attorneys.

I see.

And in your capacity as one of his attorneys, did you attempt to invalidate a ballot box that you believed had been compromised?

I did.

And at some point, did you become aware of a video that suggested a campaign Florrick operative tampered with that ballot box?

Do you need me to repeat the question?

Marilyn, what's going on here?

I'm conducting an investigation.

An ethics investigation, not a grand jury proceeding.

I was under the impression that Eli asked you to cooperate with me.

Yes, I became aware of a video.

Thank you.

And did you bring your awareness of that video to the governor's attention?

No.

No, you didn't?

No, I can't answer.

Any advice I gave Governor Florrick on this matter is shielded by attorney-client privilege.

I see.

Come with me, please.

♪

(knocking at door)

It's open.

Marilyn. What do you need?

MARILYN: Sir, I need you to waive attorney-client privilege so Mr. Gardner can answer my questions.

And... what is the scope of the waiver you're seeking?

One that covers all matters related to my inquiry.

Um... give us a moment. Alone.

(sighs)

Certainly.

Why?

Because I want to speak to Mr. Gardner.

Anything you discuss should be part of my investigation.

I want to talk to him as a lawyer: a lawyer that used to represent me.

Do you understand that?

I do.

I'll be right out here.

If I were to waive privilege, what would your testimony be?

That I visited you in your hotel suite on election day.

That I had acquired a videotape that I wanted you to see.

A videotape that I refused to see?

That's correct.

Okay.

And, uh, that would be it?

No.

I told you that the video proved 30,000 of your votes were fraudulent.

No.

You told me you had video evidence that I would lose the election.

Yes, that, too.

Then I said, "The 30,000 votes are fraudulent."

That's not how I remember it.

Really?

And how do you remember taking back Diane's judgeship?

(laughs incredulously)

Wow.

So we're headed... we're headed that way, huh?

No, I'm just making a point.

Politicians have a way of misremembering things to their liking.

Yeah, tell me about the ethics of that, Counselor.

What could I tell the most ethical administration in Illinois history?

Do you even hear yourself?

Suspended lawyer, man who cheats with other men's wives...

What do you want me to do, Peter?

Hmm?

As your lawyer, what do you want me to do?

PETER: Marilyn.

Yes, Mr. Governor?

I have instructed Mr. Gardner not to waive my attorney-client privilege.

Are you sure, sir?

Yes.

(sighs)

The S.A. is panicking.

They're afraid of walking away with nothing, so they've sweetened the offer.

Four years.

You'll be eligible for parole in two.

But do you think I can win?

I don't know.

My life is probabilities.

The odds of... me meeting Darla: it's two million to one.

And the odds of our falling in love: 60 million to one.

What are the odds of an acquittal?

It's a coin toss.

But the downside...

If you were me, what would you do, Alicia?

HOWARD: Two years.

That's a lifetime.

I'll wait for you, Howard.

Yeah?

As long as it takes.

Yeah?

Yeah.

♪ I hauled myself up ♪
♪ Out of a ditch ♪
♪ Built me an ark ♪

It's okay.

♪ Of gopher wood and pitch ♪

"Accordingly, I am unable to take a position regarding the propriety of the Florrick Administration's conduct in this matter..."

Oh, come on!

Your conclusion is that you can't draw a conclusion?

Yes.

Because I didn't finish my investigation.

We made everyone available...

The most important witness refused to answer my questions because the governor won't waive attorney-client privilege.

What witness?

Will Gardner.

The witness who discovered the video and tried to show the governor.

There are other reasons why Peter won't waive.

This guy has got it out for him.

He fired his wife...

Eli.

My report is inconclusive until I have the governor's full and unconditional cooperation.

You're throwing this into the laps of the Feds?

No. But it might end up in the laps of the Feds because you don't trust me.

He did nothing wrong.

We won by eight points.

It doesn't matter.

Peter is in real trouble, Eli.

He's in trouble for one reason.

Will Gardner.

Damn it!