03x05 - A Hostile Witness

[bunniefuu]

Ryan: The tableau murders, Clarke's confession, the firehouse, what if it wasn't just about Mark's revenge?

Discrediting the integrity of the FBI.

This is about the trial, this is about Strauss.

We've had a setback.

Gwen: Gina called me. She told me about the threats.

First Jeff Clarke and now your brother's firehouse.

Ryan: I'm worried about Max.

I'm worried about you.

If there was something to tell you, I would, but there's not.

We're gearing up to hit you where you live, you and that hot niece of yours.

Tom deserves better than this.

Maybe Tom deserves the truth.

The truth is in a moment of weakness I slept with you, and I really shouldn't have.

Mike, I cannot afford to have you crossing the line.

I won't. Look. I'm not denying that I have a personal stake in bringing Mark in, but I will not let it interfere with the job.

He will gut us in our sleep if he even suspects that we have our own agenda.

Call Juliana.

We need to get out of town.

Too bad. We're on a schedule.

Kyle's been sh*t.

Please, OK, you saved my life.

Why would I turn on you?

Will you please help?

Yeah. OK, OK, OK.

OK, I'll text you an address.

Strauss: Agent Hardy. What a surprise.

Does my attorney know you're here?

Oh, I'm not really here, Doctor.

This bus is officially empty.

Just you and your conscience taking a long drive to judgment day.

Well, well.

Someone's feeling confident.

Your students failed, your plan to discredit me and the case against you, that didn't take.

Sadly, I haven't the faintest idea what you're talking about.

OK. I get it. No.

You... you can't give me anything that I would use against you on the stand today, but, see, what you don't seem to understand, Doctor, is that your fate's already sealed.

There's no going back to the way it was, no more mentoring K*llers from the comfort of your mansion.

The truth is about to come out, and the world is gonna see you for the pathetic little psychopath that you really are.

The truth is a tricky thing, Agent Hardy.

You think it's a w*apon you can aim at me, but it's just as likely to blow up in your face.

See you in court.

News anchor: And once again recapping our top news story.

Yesterday's early morning raid in Brooklyn failed to capture Mark Gray, but federal officials are confident that his arrest, as well as that of Daisy and Kyle Locke, is imminent.

Should you or anyone you know spot any of these...

His fever's getting worse.

I think the wound is getting infected.

Yeah. Getting sh*t is no joke.

News anchor: Contact authorities immediately.

Keep it right here on this news station for all the late breaking details...

Mark, please.

I don't know how long he can last like this.

I mean, we need medical supplies, we need bandages, antiseptic.

So go get them.

I don't want to leave him.

[Sighs]

Please.

I know I have no right to ask you to go, but...

I don't know if I could live with myself if something happened to him while I was gone.

I know that you understand.

Thank you.

[Groans]

Hey. Maybe you should stay here.

You could still get an infection.

Forget it.

No way I'm letting you do this alone.

OK. He's gone.

God. We need to get you some real pain meds.

I'll be fine. Just need to keep it together for one more day.

Then we're home free.

A new life.

Have you thought about who you want to be yet?

It doesn't matter.

[Grunts]

As long as I'm with you, I'll be happy, OK?

Come on. Juliana's waiting.

Go ahead say it. "I told you so."

[As Luke] Eh, come on, Mark.

You don't need to be like that.

You got to look at the bright side.

[As Mark] There is no bright side.

I'm... I'm so stupid. I thought they were my friends, I thought they were trying to help us get our revenge, and...

[As Luke] Hey, hey, hey.

You're not stupid, all right?

You just have a big heart.

Come on. You got to toughen up, find out what the hell they're up to.

Reyes.

Conference room, 10 minutes.

Agent Hardy wants to go over the protocols for the Strauss trial.

Got it.

You seen Max?

Uh, no, I don't think she... she's in yet, but I'll give her a call.

[Cell phone ringing on computer]

[Ringing stops]

[Opening clasps]

Daisy: I'm sorry. This is all very impressive, but it's way outside of our comfort zone, and Kyle's hurt.

I'm fine, Daisy.

I hope so because there's no room for mistakes today.

Kyle: We'll get it done.

Just remember our deal.

We finish this, you give us everything we need to start new lives... passport, cash, plane tickets.

Believe me. If you succeed today, you'll get everything you want and more.

Good luck.

[Van starts]

Ryan: We need to be on high alert today.

While we have disrupted Strauss' plan, I'm afraid he might have a backup in place.

Now photos of Mark and Daisy and Kyle have been circulated around the courthouse, security's been increased, and I've asked HRT to be standing by on the scene just in case.

Now according to the prosecution, Agent Hardy will testify first, followed by the reporter Carrie Cooke.

Ryan, voice-over: I had a really nice time last night.

Me, too.

I want the story, Ryan, but I also want to help you.

Mendez: She's staying at a hotel near the courthouse with a private security team.

Now when it's time for them to move, the U.S. Marshals Service will provide additional support.

Ryan: Mike, where are you with establishing a link between Strauss and Daisy and Kyle?

Mike: Agents in Ohio are turning their lives upside down, looking for a connection, but nothing so far.

The key is gonna be figuring out how he was able to communicate with them from prison.

There has to be some kind of a go-between.

Agent Sloan, call Pine Mountain, request their visitor logs, and run background checks on everyone who's ever visited Strauss.

Will do.

I don't need to tell you how important this is.

Arthur Strauss... he's the guy that taught Joe Carroll.

He has mentored an unknowable number of psychopaths.

He's the father of serial K*llers, and there will be hell to pay if he gets back in the world.

[Indistinct chatter]

Man: Move in. Let's go!

Agent Hardy!

Agent Hardy!

One question before you go in.

Will you be testifying?

[Reporters clamoring]

Man: Thanks, Jim. We're at the federal courthouse in New York City, where Dr. Arthur Strauss, the man the FBI claims is the mentor to Joe Carroll, will face a jury on charges of kidnapping, false imprisonment, and attempted m*rder.

Everyone who visited Strauss in jail seems above board.

Other than a couple of co-workers, they're all members of his legal team.

Dig deeper, OK? One of them has to be his go-between.

We need to talk about what happened.

Not a good time, Mike.

Max, I don't care. It was real.

Real or not, nothing has changed.

You chose hunting Mark over me, and you would do it again, wouldn't you?

Sheila.

Agent Hardy.

I hope you had a good breakfast because you're going to get quite a workout on the stand today.

You having second thoughts about putting me up there?

Hell yes.

Normally, I avoid relying on the testimony of a man whose name's been written in blood, calling him a liar.

All written by Strauss' followers.

Got proof?

Because without it, I can't allege a criminal conspiracy, which means the defense is going to highlight the black cloud over your head.

Let them. I'm ready.

You better be.

[Knock on door]

Morning. I'm Agent Johnson.

Hey. Good morning.

Our asset is about to move, and I've been assigned as overwatch.

Sure. Come on in.

I got Miss Cooke isolated on the 11th floor.

Unh!

Careful. Don't want to spill any blood.

I got it.

[Splat]

OK. Here we go.

Carrie Cooke's room.

Now for the hard part.

I heard Carrie Cooke screaming, I entered the defendant's home.

Once inside, I was att*cked, I was drugged.

When I woke up, Miss Cooke and I were tied up and being held against our will by Dr. Strauss.

What happened then?

After the defendant confessed to harboring Joe Carroll...

Objection.

Judge: Stick to the facts before us, Agent Hardy.

Dr. Strauss instructed his student to break Carrie Cooke's feet with a sledgehammer, and then he threatened to k*ll us.

What stopped him?

I was able to get free, and with the help of Special Agent Mike Weston and Max Hardy of the NYPD, we took the defendant into custody.

Thank you.

Agent Hardy, where were you when you heard Carrie Cooke screaming?

Parked in my car outside the house.

And yet none of Dr. Strauss' neighbors heard those screams.

How do you explain that?

I've been told I have very sensitive ears.

It's a good thing because that screaming is your only justification for entering the home of my client without a warrant, isn't that right?

Yes.

5-minute warning. Then we'll call the marshals and make our way to the courthouse.

Copy that. How's Miss Cooke?

Nervous.

Hey!

Look who I caught hiding in a stairwell.

Daisy: No.

Guard: Wait a second.

It's that girl the feds are looking for.

Come on. Give me a hand. We got to call it in.

Nice sh*t.

Agh.

Agh!

You OK?

Yeah, I'm fine.

You ready?

[Groans]

Attorney: You, your FBI buddy, and your niece swooped down on Dr. Strauss' home without a warrant, and then he disappeared, rendition style for weeks without any opportunity to talk to a lawyer or to have the evidence against him questioned.

Is that about right?

Ryan: His arrest was part of a larger ongoing search for Joe Carroll.

So the search for Joe Carroll trumped my client's due process rights?

I didn't say that.

Didn't you?

Sheila: Objection!

Withdrawn.

In order for the jury to convict my client, they have to believe your account.

And Carrie Cooke's.

Yes. Carrie Cooke. Were you sleeping with her at the time of Dr. Strauss' arrest?

No. My relationship with Miss Cooke started after your client tried to m*rder us in his basement, and it was public knowledge.

Agent Hardy, your honesty has been called into question lately.

At the recent fire station m*ssacre, you were accused of lying.

What was that about?

You'd have to ask the psychopaths that committed the murders.

Well, your fellow FBI Agent Jeffrey Clarke stated in a videotaped confession...

Sheila: Objection. That confession was clearly coerced.

That doesn't make it untrue.

This is an E-mail exchange between Agent Clarke and FBI Director Franklin dated just subsequent to Dr. Strauss' arrest.

This wasn't entered into evidence.

This has just come into our possession.

We contend that the state withheld this document from discovery.

What's the chain of custody?

What's the authentication?

This is an E-mail that originated from Agent Clarke's personal laptop, which we have in evidence.

I have a forensic expert ready to testify to its authenticity, and Agent Clarke's wife Anna is willing to testify to the veracity of its contents.

Agent Clarke shared his concerns with her.

Judge: I'll allow it.

Would you please read out loud his E-mail for us?

Having trouble? That's fine.

I'll do it.

Agent Clarke said he was worried that Agent Hardy was quote "out of control."

He said, "I believe Agent Hardy has a personal vendetta "against Strauss because he believes he is connected to Joe Carroll."

This isn't Jeffrey.

The E-mail continues "I think Hardy bugged Strauss' home."

An illegal bug!

That is how you really heard what was happening in Dr. Strauss' home.

Carrie was screaming.

"Carrie Cooke backs up Agent Hardy's account,

"but they are close, and she will do anything for a big story."

Jeffrey Clarke did not write this.

Are we just supposed to accept your good word on that, Agent Hardy?

I'm done with the witness.

Your honor, I need to get a short recess.

Judge: 5 minutes.

[Gavel bangs]

Where'd that E-mail come from?

It's a fake.

Well, they seem to be pretty confident that it's not, and if you planted an illegal bug, Strauss will walk.

Our entire case against him will be considered fruit of the poisonous tree.

But if we prove that the E-mail's not real...

The jury's already heard it.

I can't unring that bell.

All I can do is put Carrie Cooke up there and hope the fact that you were sleeping with her doesn't prejudice that jury.

Judge: AUSA, call your next witness, please.

It's all right, it's all right.

Your Honor, we're having trouble locating my next witness Carrie Cooke.

Attorney: Your Honor, it's mighty convenient they can't locate her now that her entire testimony is in doubt.

This smells like a stall.

Judge: Approach, please.

[Mouths] Find her.

Sheila: Your Honor, Carrie Cooke is the heart of my entire case.

If that's true, then I move for an immediate dismissal.

My client has been held without bail for a year.

He has a right to a speedy trial.

I give you one hour to find your witness.

Carrie?

Well, good night.

Thank you, Ryan.

Mike: Ryan.

I'm in here.

Any sign of her?

No. Place is clean. No sign of a struggle.

It's like they were never here.

Security company said their last contact was 40 minutes ago when the team was getting ready to move out.

[Sniffing]

[Sniffs]

What is it?

It's bleach.

Got a black light?

Yeah.

It's blood. They cleaned it up.

Mike: If Carrie or the team guarding her were k*lled up there, then where are the bodies, and why bother cleaning it up afterwards?

Because Strauss knows that if there's a body, Judge Wallace won't dismiss the case.

So Carrie could still be alive?

If she she is, she won't be for long.

Trial reconvenes in 20 minutes.

Ryan!

Security guard is also missing, and the entire security system has been disabled.

OK. Well, that sounds like Daisy and Kyle's work.

Kitchen workers saw a couple that matched their description loading a cart into a laundry van.

I got Sloan on the line, pulling CCTV footage to see if we can track it.

Give me the phone.

Hey. What do you got?

Van went north on Mercer after it left the loading dock.

That was a few minutes ago.

Let's go.

Picked it up again 6 minutes later.

It's going eastbound in traffic on the Williamsburg Bridge.

OK. It pulled into the old Navy Yard 5 minutes ago.

Carrie!

Ryan, wait! Ryan!

Aah!

Ryan!

Carrie!

Ryan, Ryan, Ryan.

Ryan, I'm sorry.

That fire hasn't been burning long.

Daisy and Kyle could still be close.

Split up.

Did you, uh, make sure everything was in the van, g*ns, I.D.s?

Yeah. It's all there.

Left to burn like Juliana said.

I can't believe that we did it.

We're free.

Kyle, you're... you're bleeding.

I must have reopened the wound. It's no big deal.

Kyle!

[Groans]

I got you.

Come on, baby. You can do it.

Agh!

Kyle. Come on, baby. You can do it. Come on.

Go. Daisy, you got to run. Run!

No! No. I'm not going without you.

I can't do this alone. No. Come on.

Yes, you can.

No.

Baby, you're the strongest woman I ever known.

I love you.

I love you!

I love you.

Oh, God.

Go! Go! Come on!

Drop the Kn*fe!

Do it!

Yeah. It's Carrie's.

Innocent people's blood always seems to come out a little bit darker.

You ever notice that, Ryan?

I bet you have.

Drop the Kn*fe, get down on your knees.

I'm not gonna ask you again.

Sure thing, Chief.

Daisy.

[Cell phone ringing]

Ryan.

Carrie Cooke was m*rder*d along with her security team.

It was Daisy and Kyle, which means it was Strauss.

Ryan.

You need to tell Judge Wallace. She's got to know.

Ryan, it's too late.

Wallace dismissed the case when we missed the deadline.

What? Where's Strauss?

He walked 20 minutes ago.

And we've already filed a restraining order against Agent Hardy.

Woman: Dr. Strauss, how does it feel to be walking out of court a free man?

Strauss: Honestly, it feels like justice.

[Reporters clamoring]

Ergh!

My office, now, the 3 of you.

Shut the door.

[Typing]

Look familiar? It's Clarke's E-mail, the one from court today, on our secure server, time-stamped and logged like it's been here all along.

Well, someone must have hacked into the server and put it there.

Our cyber guys said that's virtually impossible, but it gets worse because now the DOJ's opening up an official investigation into the 3 of you based on what happened in court today.

You got to call them and tell them it was just me.

No!

Ryan!

It won't make a difference.

Director Franklin already told me to suspend the 3 of you the minute I see you, which I will do when I see you tomorrow morning.

Connect Strauss to Daisy and prove criminal conspiracy.

You won't have tac, you won't have intel support, so if this thing goes sideways, you're on your own.

Thank you, Gina.

Don't thank me.

I'm doing it to protect this office, not you.

[Beeping]

[Buzzer]

[Ding]

[Ding]

Strauss is nowhere to be found.

He disappeared the minute he left court, and the lawyers aren't talking.

Finding him by morning is not gonna be easy.

Forgot to mention this place doubles as our secret clubhouse.

Hey. You OK, Doc?

[Quietly] You know, sitting in court today...

I feel like you're not telling me everything.

Listen, Gwen. I am telling you...

Forget it. It's not the right time.

I shouldn't have said anything, but we are gonna need to talk about it.

Of course. As soon as this is over, you can ask me anything, I promise.

Mike: OK. Hey!

I think I found Strauss' go-between.

She's a paralegal on his defense team named Juliana Barnes.

She visited him in jail more often than anybody else, frequently alone, and she recently paid off 100 grand in debt.

We got to talk to her.

[Steam hissing]

Do you like ironing?

Most people don't.

They think it's boring.

I find it relaxing.

The routine of it.

Just turn your brain off and disappear.

Aah! Just got to be careful not to burn yourself.

Tell me about Daisy and Kyle.

What's their connection to Strauss?

They were Strauss' students.

He trained them.

Andrew, too?

Yeah.

If all they really cared about was getting Strauss off, why pretend to help me avenge my family?

Because Andrew said that you were the perfect patsy.

That with you involved Ryan Hardy and the FBI would never really know what was going on.

No! No!

I'm just the messenger.

I'm not like them.

Strauss paid me to make contact.

I thought it was harmless, but when I realized what I was into, it was too late.

Normally, I'd feel bad for you, but I'm trying to toughen up, so let's get back on topic.

[Crying]

[Cell phone chimes]

It's Maggie. Who's that?

She's a secretary at my firm.

According to her, the FBI is at your office, so I guess I'm not the only one who knows about you and Strauss, which means we better hurry this up.

Ryan Hardy will be here soon.

No, no, no!

Awesome.

I just... I just thought of a really great way to k*ll two birds with one stone, but I'm gonna need you to tell me where Strauss is.

Uh-uh. I can't.

He'll k*ll me.

Oh, wow. Are you slow?

Lady, you are already dead. It... it's really just a matter of how bad it's gonna hurt.

[Steam hissing]

Looks like Strauss is covering his tracks.

[Foghorn blows, bell clangs]

[Knock on door]

There you are.

I was starting to worry.

Kyle is dead.

It's your fault.

Huh!

Gah!

[cr*ck]

[Crying]

You're emotional. I understand that.

Kyle was a good man.

Maybe not my brightest student but a loyal one.

I promised him...

I would help you both start new lives if you helped me, and... I consider myself a man of my word.

Still...

I know the idea of going on without him must be difficult to accept, so I'm going to offer you a choice.

I can end your pain right here and now, and hopefully, you and Kyle can be reunited in the afterlife... that is, if you believe that sort of thing... or you can leave the country with me and start over, grieving for your lost love from some nonextradition country.

So... which will it be?

I'll come with you.

Unh.

That's the spirit.

Heh heh heh.

Hey. I'm in her search history.

She looked up directions to Pier 46 in Red Hook.

How long ago?

20 minutes. Why?

That just seems a little amateur hour.

She'd have to know this would be the first place we'd look.

She wasn't planning on getting k*lled.

She thought she was taking her computer with her.

Yeah. So why would Strauss leave it behind?

You can ask him when we catch him.

Tell me... have you ever traveled by ship?

Never been outside of Ohio up until 3 weeks ago.

Well... in the right vessel, it can be heavenly.

Sadly, our Ukrainian cargo ship is a far cry from the Queen Mary.

FBI! Show me your hands!

Don't move! Hands in the air!

Hey! Stop, stop!

Do not move!

You know, the look on your face right now makes what happened to me in court today almost worth it.

You think you've won?

You haven't won anything.

Daisy, Kyle, Andrew... they're just the tip of the iceberg.

I have students everywhere that make Joe Carroll's followers look like nothing!

You, your niece, your girlfriend all die if I go back to prison.

Shut up!

Drop the briefcase. Drop it.

Show me your hands.

Two birds, one stone.

Just like you planned.

Mike!

[g*nsh*t]

[g*nsh*t]

It's Mark! He's on the move!

I'm going after him!

No!

You and Max get Strauss!

Ryan!

Don't argue!

Hey! Hey!

Stop! Put your hands up!

Put them up!

[Handcuffs latching]

Max, take Strauss to the car!

Max: No! Mike, Mike! No!

All right. Start walking. Go.

Unh!

Enough!

Daisy: Unh!

Hurry up. Uncuff me.

[g*nshots]

Unh!

[Grunting]

Ohh. Ahh!

[Panting]

No!

[Groaning]

Mike: Hey! Hey!

Where do you think you're going?

There's no place to run!

Get on your knees.

We both knew it would end like this for one of us.

You had your chance and blew it.

Now it's my turn.

Mike, stop! Don't do it!

You can't talk me out of this, Ryan, so walk away if you got a problem.

Ryan: It won't bring your father back, man.

It won't end your pain.

I don't care.

I do, and so does Max.

Mike! Mike!

You're a good man.

Don't let him strip that from you.

I have to do this.

No, you don't!

Pulling that trigger is easy.

What I'm asking you to do is hard.

It's harder than anything you've ever done in your life.

He doesn't deserve to live.

But he does deserve to suffer in an 8-foot cell for 23 hours a day, all alone, no friends, no visitors, no chance of ever setting foot outside that prison.

You sh**t him, and his pain stops.

Let him live, and it never ends.

What did you do?

What did you do?!

[Cell phone rings]

Max?

What do you have?

Female. Head trauma. BP's 78 over 58.

[Radio chatter]

OK. We got it. Bring her in here.

You can't come in. Sorry.

Doctor: Take her in here.

You left her? You just left her?

I-I saw Mark, I went after him.

She needed you.

I did... I didn't know...

You didn't know? You didn't know what, that you were supposed to have her back?

What the hell were you thinking?

I was thinking I was gonna k*ll the man that m*rder*d my father until you got into my head!

It was the right thing to do!

The right thing... What about this feels right, Ryan?

Max in here, Mark and Strauss out there?

That feels right to you?

We look out for our own! That is first and foremost!

OK, OK. Go ahead. Fine. Blame me for Max, but you know what?

If it had been you and we were chasing Joe, you would have done the same damn thing.

How is she?

Sh... she's with the doctors.

I can't get a straight answer.

How are you holding up?

Ryan, what is it?

Before you got here, I was thinking how much I needed a drink.

You don't want to do that.

I messed up.

This isn't your fault.

I am responsible for everything that happened today, everything.

So fix it. Find a way.

I...

I just don't know if I can.

I had a patient in the E.R. yesterday.

Heart att*ck.

He coded 3 times.

I brought him back each time.

The fourth time, I couldn't.

He d*ed on my table.

If a patient codes tomorrow, I'll try just as hard to bring him back.

I won't give up, no matter how impossible it seems.

Hannah Miller: ♪ Darkness at my door ♪

Agent Hardy?

How is she?

Your niece suffered a concussion and some internal trauma, but she's tough.

She should make a full recovery.

Thank you.

That's great!

What is it?

I know what I have to do.

[Helicopter flying]

♪ Weary of this fight ♪
♪ This long and lonesome fight ♪
♪ Every step I take ♪
♪ I feel farther away ♪
♪ Can't get it right ♪
♪ Ooh, ooh, ooh ♪
♪ Now I'm stumbling ♪
♪ Ooh, ooh, ooh ♪
♪ Towards the promised land ♪
♪ Ooh, ooh, ooh ♪
♪ I'm stumbling ♪

What took you so long?

♪ Ooh, ooh, ooh ♪
♪ Towards the promised land ♪