06x21 - Don't Fail

[bunniefuu]

Um... Take your time.

(phone rings)

Do you have to get that?

It might be my campaign office.

Hello.

Hello?

Hi, Mrs. Florrick. This is Michael Browning from Fiscal One. How are you doing today... pretty good?

I'm not interested, thank you.

Do you know you might be paying more in monthly credit fees than you should be?

Thank you. Good-bye.

Sizable sav...

Everything all right?

Yes. Uh, I'm sorry, um, what was the question again?

The names of some friends I can interview?

Just to get a fuller picture?

Can I have a think on that?

Sure. Um, why don't we turn to...

Will Gardner?

I think it might be a nice place to start your memoir.

A brush with v*olence, you know? And then we go back to when you got started in the law.

I'm just trying to find a structure here.

(phone rings)

Hello.

Woman: Hello, Mrs. Florrick, how are you doing today?

Thank you, I'm not interested.

I am calling from the Cancer Prevention League.

Thank you, good-bye.

♪ Ready to bolt ♪
♪ At the first glimpse of fail-safe ♪
♪ Signing my checks ♪
♪ With a name that's not mine ♪
♪ Clocking the hours ♪
♪ That spin round through the tail end ♪
♪ There's gold in those hills ahead... ♪
♪ Have to get used to it ♪
♪ You and me both, kid ♪
♪ You and me both, kid ♪
♪ You and me both, kid ♪
♪ You and me both, kid ♪

Grace. Hi, how was school?

Good. M-Mom, what are you doing?

Nothing.

I just thought we'd grab some pizza tonight.

Oh, I'm just dropping off my books. Janine's already downstairs. I have college prep tonight.

Oh, right, I forgot.

I'm gonna grab a bite beforehand. I'll be back by 11:00.

Okay. Love you.

Oh, and there's a package by the door. Love you, too.

♪ I left the game to play you ♪
♪ At the tail end ♪
♪ There's gold in those hills ahead ♪
♪ Have to get used to it ♪

Hello, Mrs. Solomon.

I wanted to thank you for your $345 contribution.

Thank you for your $100 contribution, Mr. Turgensenton-tonkrenlun.

I'm angry, too.

But I want you to know...

(click)

Well, I'm sorry you feel that way.

♪ You and me both, kid. ♪

Hello, Mr. Tatro?

Man: Yeah, who's this?

Uh, this is Alicia Florrick, and I want...

Oh, my God. Oh, my God, it's her. Babe, it's Alicia.

Woman: What?

Uh, I wanted to call and thank you, sir.

Man: We pretty much gave up. I called you 30 times.

Can you do it, Alicia? C-Can you help?

Uh... I'm-I'm sorry, Mr. Tatro, I think there's... might be some confusion here.

I'm just calling you to thank you for your donation.

I didn't make a donation, Alicia.

I kept leaving messages at your campaign office because I couldn't get you at work.

Brett Tatro?

Yes.

Attempted m*rder.

Yes.

You got me off six years ago.

I was the bouncer at the strip joint.

Yeah.

I-I'm sorry, I-I didn't know who you were.

Alicia, I was arrested four months ago on first-degree m*rder charges.

Oh, my God, I'm so sorry.

Yeah, well, it's the same case, Alicia. It's the same case.

What do you mean it's the same case?

I mean the same case you got me off for...

They're trying me again.

They can't do that, Brett. You were found not guilty.

Jeff d*ed.

The man they said that I punched in 2009, he-he just d*ed.

They said it doesn't matter that you got me off for attempted m*rder.

I can now be tried for m*rder.

Alicia, I... I need your help.

Brett, I...

Let me get you the name of a good lawyer.

No, wait, no, you're a good lawyer.

No. I-I mean, yes, but I'm not practicing law anymore.

Alicia, I'm going to court tomorrow.

Just... Just come by and observe?

I have a good lawyer for you, Brett.

Let me talk to him, I will call you back.

Wow.

(indistinct conversations)

Are we incognito?

We are. Laying low. Thanks for coming.

No problem.

So this case... it's an old client.

It's really unjust.

After six years, they're going after him for m*rder.

I don't know if I can take the work load, Alicia.

I'm deep in two mail fraud trials right now.

But you should do it.

Oh, no. I...

I'd do more harm than good.

What? Why?

Um, because I'm busy with this memoir, and...

And...

I'm... Well, I'm having... a crisis of confidence, and it's taking up all my time.

I see. So it probably wouldn't help to tell you to get back on the horse, then?

It's just different when you're embarrassed and everyone's staring at you.

For what?

The election.

Well, here's the good news.

You're not that important.

People aren't staring at you. People are way too busy getting on with their lives, okay?

So... do it.

Help this guy. He needs your help.

Stop thinking about yourself, and think about him.

I can't take another failure.

Mm.

Oh, well, then don't fail.

We asked for the record...

The defense would like... of the earlier trial. the transcripts. If I could finish... Your Honor, this is a travesty.

The defense attorney is arguing double jeopardy, but Mr. Tatro is not being accused of the same crime.

Your Honor, if I could speak.

In 2009 we needed to prove that Mr. Tatro had a specific intent to k*ll Mr. Jeffrey Garrix.

And they failed. They did not...

But now, the charge is first-degree m*rder, and we don't need to prove intent.

This is an injustice. My father is a... Excuse me. My-My client is a father of three. He's not a criminal.

I can't see what that has to do with the charge, Your Honor. In 2009, Mr. Tatro viciously and repeatedly punched and kicked a young man, putting him into a coma.

A coma he recovered from.

And now that young man has d*ed due to those injuries in 2009.

Okay, thank you both.

Is this your first criminal trial, Ms. Audrey?

It is, Your Honor. But it doesn't have to be if you rule against the prosecution.

(Dunaway chuckles)

Unfortunately, ASA Brody is right on the law.

This is not double jeopardy. So we'll commence pretrial motions tomorrow.

(gavel bangs)

Oh, Alicia. Thank you.

I'm just here to check it out, Brett, that's all.

Uh, you remember my wife Josie?

Oh, yes, hi. I didn't know you got married.

Five years ago.

Three little girls. They're adorable.

Wouldn't even exist if you hadn't gotten me off.

Can you believe I'd be halfway through my sentence right now?

Six years into a 12-year sentence.

What did you think about Amber?

Your lawyer? Good.

She's a little nervous.

She couldn't get a word in edgewise.

Well, Matan can be rough on new lawyers.

He was that way with me.

I was just as nervous.

But you won.

Matan: Alicia.

Excuse me for a minute.

I didn't know you were on this, Alicia.

I'm just here observing, that's all.

It should be more interesting this time around.

Not so easy to win.

Really? Why's that?

There's a hole in your case.

A hole? What hole?

(short chuckle) You know, hey, sorry about the election.

People can be mean at first, but they'll forget soon enough.

A few months, it'll be like it never happened.

Just like Peter.

Okay, let's get started.

The Good Wife 6x21
Don't Fail

(phones ring)

Alicia? Hi, how are you?

Good, actually, thank you.

Uh, this is a business call.

What business?

Do you remember Brett Tatro?

Attempted m*rder. We fought it our first year.

He called here a few times, but we don't take cases like that anymore.

Well, I need, uh, the file on the case. Uh, I don't want to go through David Lee and deal with the usual hassle.

Are you representing him, Alicia?

I am.

Well, that's... that's... that's great.

Sure, I'll get the files over. Where?

Oh, just to my apartment.

Oh. Right. You... Your apartment.

And, Cary, do you remember if there was a hole in that case?

Anything we missed in the defense?

No, but it was a long time ago. Why?

Matan seems to think there's a hole he can exploit.

Well, my guess is you'll find it in the files.

We were completists back then.

Took notes on everything.

Thanks.

(heavy scraping)

♪ Ready to bolt ♪
♪ At the first glimpse of fail-safe ♪
♪ Signing my checks with a name ♪
♪ That's not mine ♪

(doorbell rings)

♪ Clocking the hours that spin round ♪
♪ Through the tail end ♪
♪ There's gold in those hills ahead ♪
♪ We both had a hand in it ♪
♪ You and me both, kid ♪
♪ You and me both, kid ♪
♪ You and me both, kid... ♪

Alicia: Sorry, do you mind if I record this?

I just don't want to miss anything.

Brett: Uh, no. Sure, sure.

So how's this work again?

Alicia: Well, Stern, Lockhart & Gardner offer a certain number of associate hours to pro bono cases like yours.

Free of charge.

Well, I didn't do it.

I didn't b*at that guy up.

Alicia: Jeff Garrix?

Brett: Yeah, him.

I didn't lay a hand on him.

Alicia: Um, where did you meet him?

Was it at the nightclub?

No, it was, uh, it was earlier than that.

Dakota had a bachelor party at the Sheraton. 12 guests.

Alicia: Jeff Garrix was there?

Brett: Yes, ma'am. Yes, ma'am, he thought that they had paid for topless and bottomless, so I had to explain to him the rules.

Alicia: And he got angry?

Yeah. Silly college kid.

So then he followed you back to the Pink Sapphire?

Brett: Yeah, Dakota left behind some business cards.

Alicia: And that's where you got in the fight with him in the parking lot?

Brett: Nah, nah, I wasn't in the parking lot.

The police said they arrested you for fighting him in the parking lot.

Yeah, I mean, I know. But like I told them, I wasn't there.

Well, where were you?

I was with Lexie.

Alicia: The tape recorder is just to aid me in my note-taking.

Lexie: Sure. Anything you need.

You want some water? No, thank you.

So, um... (wolf whistles) you were with Brett during the fight?

Oh, yeah. In my dressing room.

I wasn't feeling so good that night.

So... you're that lady with the husband, right?

Alicia: That's kind of vague.

Lexie: Yeah, um, I mean the guy in jail. With the prostitutes.

I am.

I thought that was pretty cool... you standing by him.

Thank you. So, anything else, Lexie?

Anything about Brett?

Just that he's innocent.

And you'll testify to that?

Definitely.

It's my du...

(click)

Alicia: Now, Brett, if you weren't in the parking lot fight, how did you get these bruises on your face?

All right, from-from Jeff Garrix.

But at the Sheraton.

We got in a fight over whether he had just topless or not.

Diane: Alicia, do you have a moment?

Alicia: Yes, of course.

Thank you, Mr... (static)

(click)

(phone ringing, indistinct conversations)

Diane: You've probably noticed a lot of this firm is about cooperation.

We're a family here, and we like to work together.

Now, I know you two are in competition, and competition is always a healthy thing, but I want you to work on this pro bono case together.

The Brett Tatro case. I'm already deep into it, Ms. Lockhart.

Yes, and Cary will be your second chair.

Use him as your stalking horse.

That's how we improve. Okay?

Is there anything either of you want to say?

No.

All good.

Same here.

You take the other bouncer... Daniel.

Yeah, I'll take Jeff Garrix, too.

He won't talk to the defense.

He might... if it's the right defense.

Garrix: My lawyer told me not to talk to you.

Said you'd just try and distort what I say in court.

Kalinda: Well, do I look like someone who would do that?

(Garrix chuckles)

So, how are your legs?

It's my spine. Your client kicked me in the back, almost crippled me for life.

What's your name?

Kalinda.

Kalinda what?

Kalinda none of your business.

Brett Tatro said that you also had an encounter at the Sheraton prior to the parking lot.

Oh, really? How convenient for him.

He has to explain away his bruises somehow.

So you're saying there was no fight earlier in the evening?

I wasn't even in the room with him.

It was a suite.

Some of us were watching football in the bedroom.

Man: We don't really allow bachelor parties in here anymore.

It was one of the last ones.

Because of the fight?

And all the noise. The guests complained.

I had to come down here and send them out, and told them to go to their strip joint, if that's really what they wanted to do.

Where's the TV?

We don't have one in here while we're switching to flat screen.

Cary: Was there a TV in here on the night of the bachelor party?

Man: No.

Garrix couldn't have been watching football on TV, because there was no TV.

You're sure?

Positive.

Okay, good.

And get the stripper, too.

The one who went to the bachelor party.

Dakota.

Yeah. Get her to confirm that there was no TV.

Good. I will.

Kalinda: Oh, and, Alicia,

write this down... 1219 Berkoff.

Alicia: Okay, got it. What is it?

It's where I'm buying you drinks tonight.

Alicia (laughs): You don't have to do that.

I was just doing my job.

Kalinda: 8:00 p.m., 1219 Berkoff.

Let go! No!

(both laughing)

(truck horn honking on tape)

Dakota: Yeah, the bachelor party started out fine, but it got kind of touch-and-go.

And did you see the victim, Jeff Garrix, in the bedroom?

Mm-hmm.

Was there a TV...

Was he watching a TV there?

No, 'cause there wasn't a TV.

Cary: Okay, good, great. And when the bachelor party followed you back here, there was a fight in the parking lot, right?

Yeah.

But Brett wasn't there 'cause he was taking care of a sick Lexie, right?

Well, I know that's what Brett said.

Are you saying that's not true?

Well, I don't want to hurt Brett.

Let me stop you right there, Dakota.

Alicia, why don't we just... why don't we turn off the tape?

(tape clicks off)

Cary: Now,

I don't know what you were gonna say, Dakota, but I want to tell you, Brett's whole defense is his alibi.

You, of course, should testify to the truth.

Just know that if you contradict Brett's alibi, it might hurt him.

You want me to say Brett's telling the truth?

No.

I want you to be careful in your understanding of what you might say.

Alicia: Cary, you can't do that.

Do what?

Tell her to lie.

I didn't tell her to lie.

I told her about the consequences of her actions, that's all.

Oh, come on. Are you serious?

She was about to contradict Brett's alibi.

We don't know that.

This is not the way I want to practice the law.

Oh, what, you mean successfully?

So, what if the prosecution gets to her?

They won't.

We have an alibi witness.

That's all we need.

There's the hole.

It's not Dakota anymore.

It's Dani.

Sorry, Dani.

I just have a few questions.

Not pink.

What is she, a wedding cake?

You're doing very well.

Yeah.

Saved up my money from those two years dancing.

By the way, no one here knows that I used to do that, so let's keep it quiet?

What do you need?

You know Brett's being prosecuted again?

I heard. I'm sorry.

Has the prosecution approached you about that night?

No. Why? Will they?

They might. They think there was a hole in our last defense.

And I know you had some... hesitation about Brett's alibi.

You're wondering if I'll contradict his alibi?

No, I just want to lay out the consequences for contradicting Brett and Lexie's alibi.

Don't worry about it.

I see no upside to dredging up my past in any shape or form.

Give me a minute, will you?

Of course, Dakot... Dani.

Here's the thing.

I may not be a problem, but did you hear about Lexie?

No. What?

She d*ed... four years ago.

Drug overdose. Really sad.

Maybe that's the hole in the defense.

Matan: I'll drop the charge to second-degree.

That's the lowest I'll go.

Come on.

The victim could have d*ed for any one in a million reasons.

32 years old, he dies from a brain hemorrhage doctors can tie directly to that fight in 2009.

Matan, you lost six years ago. Get over it.

I have a stronger case this time.

Because Lexie's dead?

I don't need Lexie.

I have her testimony from 2009.

Then reject my deal.

What do you have, Matan?

What I have is some advice for you.

You go to trial, you'll lose.

That's first-degree m*rder, 20 years minimum, serving every single day.

I'll see you in court.

(indistinct chatter)

Amber: Hi, Mrs. Florrick. I am such a fan.

I'm so glad you'll be joining me.

Oh, thank you. I'm glad, too.

I told my mom I'd be working with you.

She wanted me to get a picture.

Do you mind? She loved how you stood by your husband.

She wants to meet you. (click)

Alicia: Okay, let's talk strategy for a minute, Brett. Amber?

Yes. Good. Hold on. I'm just sending this.

Okay, the whole point is to win in pretrial motions.

If this goes to trial, the jury can do anything.

Even if you are innocent, Judge Dunaway isn't my biggest fan.

So I'm gonna need you, Amber, to take some of the motions.

I'm ready.

Excited really. How do you want to att*ck this?

Bailiff: All rise. Court is now in session.

The Honorable Judge Dunaway presiding.

Thank you all. You may sit.

Mr. Brody and Ms. Audrey...

Well, actually, you... you have someone new here.

Yes, Your Honor. Alicia Florrick, asking leave of the court to join as co-counsel.

Any objections, Mr. Brody?

None, Your Honor.

We do not hold the recent election scandal against Alicia Florrick at all.

Of course, that's why you brought it up, so it won't be held against her.

Yes, Mrs. Florrick, you are more than welcome to join the party.

Take a seat.

Now, pretrial motions... what do you have?

Argue for the inclusion of the transcript now.

Your Honor, the defense would like the transcripts to be...

We ask that the record of the earlier trial be excluded from the records as prejudicial, Your Honor.

The prosecution wants to exclude this transcript for...

Yes, we do. The jury should have a clean hearing of the evidence.

We're not arguing that.

They should not be tainted by the knowledge of an earlier trial.

Hold on.

Let the defense speak.

Thank you, Your Honor.

I'm not... uh... (sighs)

It's okay.

Take a breath.

Thank you.

(sighs)

The prosecution is trying to prevent the jury from hearing Brett's alibi.

One of the witnesses has d*ed, and our only record of her testimony is in this previous trial.

Matan: She's exactly right, Your Honor.

That's exactly why we want to exclude this transcript.

Because this witness, a stripper named Lexie Bromwich, perjured herself on the stand.

Do you have evidence to that effect?

Why, I do.

Thank you, Mrs. Florrick.

Uh, Daniel Cain.

Uh, my occupation now is...

(laughing) not much.

Beer drinker. (laughs)

Um, but I used to work as a bouncer at the Pink Sapphire.

You worked with the defendant Mr. Tatro?

Yes, I did.

Hey, Brett.

Matan: Do you have any memory of Lexie Bromwich?

Yeah, I do.

I went to her funeral. Poor kid.

Do you have reason to disbelieve her testimony from the first trial?

Yeah. She was high.

Objection.

On what grounds?

On the... give me a sec. Grounds?

Hearsay?

Mr. Cain, do you have firsthand knowledge that Lexie Bromwich was using dr*gs on the day in question?

Yes, I do.

I saw her.

Not only that.

She testified for Brett cause he was her dealer.

Cary: So, you were a bodyguard with Brett that night?

No. No, just afterwards.

One of these college kids came running in...

From the bachelor party?

Right. Yeah.

He came in screaming, so I went out to see what was going on.

It was... (distorted speech)

Distorted voice: Your mom won't...

Jackie: mind if we use this.

Zach: I don't know. She uses it for work.

Jackie: Well, we have to hear what you sound like.

You ready?

Now, I'm going to stand right here.

And remember, enunciate.

(clears throat)

Aung San Suu was born in 1945 in Rangoon.

Who's that?

That's who my speech is on.

Jackie: What is she, Persian?

(click)

Hey, Alicia. Everything all right?

Yeah, sorry to bother you.

I've run into a problem with some of the evidence that you dug up on the Brett Tatro trial.

Cary?

Cary?

I'm sorry. What's the problem?

Remember when we co-chaired the trial, we had an argument over trial strategy?

No.

Alicia: Yes.

You thought that the jury would want someone to blame for the b*ating, and I wanted to put all the emphasis on the alibi.

Right, right, it was a good call. We won.

Yes, but you were collecting evidence on the other bouncer Daniel.

You wanted to blame him.

Do you have the files on that?

Check the files I sent you.

The interview with Daniel should be in there.

Yeah, someone recorded over it.

Let me see what I have.

Zach: At this moment, Aung San Suu Kyi is still under house arrest.

(clapping on tape)

That was very good.

You have a very good speaking voice.

Thanks, Grandma.

What was her name again?

Aung San Suu Kyi.

Oh.

You know, your dad was interested in people like that.

Arabs and Russians and things like that.

Like who? Can you remember who?

Some Russian guy. Um, Vackel?

Vaclav Havel?

Yes.

When he was your age, he wanted to be like him.

Why? Can you remember why?

Oh, you know, justice.

Things like that.

You're a lot like your dad.

He wants to make things better for people.

Zach: I know.

Give me a hug.

He loves you, you know.

I know.

You're a good boy.

You're gonna change the world just like your dad.

(phone beeps on, line ringing)

You've reached Zach's voice mail.

I'm in class right now or sleeping it off.

(beep)

Zach. Hi. It's Mom.

We haven't talked in a while.

(phone beeps off)

(doorbell rings)

Cary. You could have sent someone.

Yes, I could have.

Alicia: You had all this stuff, and you never showed it to me?

I did try to show you, but you wanted to take the case in another direction.

(laughs) You didn't try to show me.

I did.

You always thought I was more competitive than I really was.

You were competitive.

Yeah, I was.

(laughs)

Wow. It's a lot of work.

Oh, not really.

So, how's it going?

I don't know.

They're trying to throw out the alibi.

You know what?

We're better lawyers now.

Makes sense. We were young.

Yeah, but there's still something I miss about it.

What?

Looking at the law as something good.

Do you think it's not good?

No, I think it's... neutral.

Kalinda's gone.

I know.

Did you see her?

No. Did you?

She's not really one for good-byes.

I know.

I'm sorry.

Me, too.

Well... hope you get to use this stuff against Daniel.

It's like a director's cut.

Wouldn't mind finally seeing it shown.

Then let's show it.

Alicia: Mr. Cain, in a news report from 2009, you claimed you were never in the parking lot where the fight took place.

Is that still true?

Uh-huh.

"Uh-huh," uh, meaning "yes"?

Yes.

Correct. Affirmative. (laughs)

And yet, in this crime scene photo, the front of your clothes seem to be covered in blood.

So?

So, how did the blood get there?

I cradled his head in my lap.

After you hit him?

No. No, after Brett hit him, or someone.

So, you were in the parking lot?

Afterward.

After the fight.

Okay.

Did you make a 911 call after the fight?

Did I? No.

Did you have possession of your cell phone?

I did. Why?

Oh, there's a record of a 911 call from your cell phone, but the call was terminated before you said anything.

Dunaway: Would you like to revise your testimony, Mr. Cain?

I... guess I called, but the guy was bleeding, and I saw a lot of other people calling.

I... I'm not lying.

Alicia: So it's not a strip club anymore.

No, it's a charter school.

Okay.

I need you to get the names of the people you worked with here, a-anyone you can remember.

Why?

Well, we need another way to establish your alibi in case the judge rules against us.

Just anyone you can think of, and we'll try and locate them.

What's wrong, Brett? What's going on?

Tell them.

Brett: Just so you know,

I'm innocent. I did not touch that kid in that parking lot.

But?

But I was in the parking lot.

But I-I didn't do this, Alicia. I didn't.

I was headed back to the car to get something for Dakota.

That's all.

To get what?

To get what?

You were her dealer?

I was a different person.

I've changed.

So you got Dakota to lie for you?

You need to help me. Please.

Please. I'm innocent.

But we know it's perjury now.

Shh.

We know that the alibi is false.

We know that Brett was in that parking lot.

He told us so.

Yes, but we're not putting him on the stand, so we're not suborning perjury.

Yes.

Okay, but we are allowing Dakota's testimony to be entered into the record, a testimony we know is false.

We have to tell the judge.

No. Listen, Amber.

When we argued for the transcript to be admitted, we didn't know it was false.

Yes, but we do now.

Right, but that doesn't matter.

When we argued for it yesterday, we didn't know.

That doesn't seem right.

I know. But it's legal.

I think I have a lot to learn.

Sheriff: All rise.

Dunaway: Thank you. Please be seated.

I'm allowing the whole 2009 transcript into evidence...

Your Honor.

Matan, you are welcome to call your witness to testify if we do go to trial, and, Mrs. Florrick, you're welcome to impeach him, just like you both did here.

Your Honor, you mention "if we do go to trial."

Will you rule on our motion to dismiss? Our client was already found not guilty...

We have one more witness, Your Honor.

Evan Houston. Do you want to know what I do now or what I did then?

Matan: Let's try then.

Well, I worked in a gas station across the street from the strip joint, the, um, Pink Sapphire.

(whispering) Was he in the previous trial?

No. Someone new.

And did you see that man over there on the night in question?

Yeah. He was in the parking lot.

He was b*ating some kid up.

Thank you, sir.

Mr. Houston, this is your first time testifying against my client.

Why didn't you come forward six years ago?

I did come forward six years ago.

I told the police the exact same thing I'm telling you.

What police?

A detective named Hardy.

Alicia: You did? Were you too sick to testify?

Were you out of town, sir?

No, I was here.

But the prosecution didn't want you to testify?

Objection. Argumentative.

Let it go, Matan. You may answer.

They said they didn't need me.

How did you...

I.D. my client, Mr. Houston?

In a lineup.

I wasn't aware my client was in a lineup.

A photo lineup.

(indistinct chatter)

You looked good in there, I thought.

No. We're losing.

The judge is gonna allow this to go to trial.

I saw him with this new witness.

He seemed convinced.

You know, when I was an A.S.A., I was told to double-check cases coming through a certain detective's hands.

Why is that?

'Cause he was old-school.

If he didn't get photo array results he liked, he'd reshuffle the mug sh*ts and ask the eyewitness to try again.

Or he'd place a finger on the suspect's photo.

How do you know that?

There was an I.A.D. investigation.

Inconclusive. They dropped it about a year ago.

Who was the detective?

Hardy.

(chuckles)

That's why Matan didn't put Evan on the stand in 2009.

He was worried about the photo array.

That would be my guess.

Thank you.

I didn't say anything.

Alicia: Thank you for coming in, Detective Hardy.

No problem. It's my job.

In what way did the eyewitness, Evan Houston, I.D. my client?

Was it by lineup or photo array?

Hardy: Photo array.

And did he identify him right away?

Hardy: Yes.

You didn't need to take him through the photos a second time because he was prone to misidentify?

Objection. Asked and answered.

And yet I'd like to hear the answer a second time.

Detective?

No, I did not take him through a second time.

Isn't there a slang for this in the department, the act of running a photo array past the witness a second time?

Yeah, might be. I-I don't know it.

P.O.E. Process Of Elimination.

Fascinating.

Detective, wasn't there an Internal Affairs investigation into your use of these photo arrays...

Objection!

Uh, I haven't even gotten the question out yet, Your Honor.

This is disgusting.

I.A.D. investigations are confidential.

Yes, but I'm asking the detective about a specific practice that has a crucial bearing on this case, his use of photo arrays.

Then ask him the question. Don't...

I am asking him the question.

Did I.A.D. ever investigate you for faulty photo arrays, and is that the only reason why Evan Houston was not included in the first trial?

Excuse me, Your Honor, I want a ruling.

Was because Evan Houston only selected my client's photo after being shown his photo in two separate photo arrays.

Objection! Object-Objection!

All right. Thank you. Why don't we all calm down now?

Mrs. Florrick, you got out your question, which is what you wanted.

Matan, you registered your disgust, which is what you wanted. Why don't you all come up here now?

Where did you hear of this I.A.D. report, ma'am?

Your Honor, if there's no public knowledge of an I.A.D investigation, that means the officer was cleared.

Or there was lack of evidence.

But that's the whole point.

Obviously, there was some sort of...

We don't know.

Thank you, Matan. You might be right, but I don't know how much I trust your detective.

Your Honor, that is unfair.

It's based on rumor-mongering.

Yes, and that is why I'm asking Mrs. Florrick how she knows this.

The way she's always known it, through her husband or her law partner, Cary Agos.

How do you know about the I.A.D. report, Mrs. Florrick?

And if one of them did slip this to her, they're in trouble, because this work product is confidential. They could be disbarred or be imprisoned.

Matan, stop.

Mrs. Florrick, it's a simple question.

How do you know about the I.A.D. report?

I can't say, Your Honor.

Why can't you say?

Because I am bound.

Well, that is unfortunate because you're gonna have to unbound yourself pretty quick, or you'll be found in contempt. Sheriff.

I would like to consult with counsel, Your Honor.

You don't want to test me, Mrs. Florrick.

I'm not testing you, Your Honor.

You take the night to consult with counsel.

And come in tomorrow prepared to answer.

(gavel bangs)

(door opens)

Mr. Kingsley-Weaver. I'm so sorry.

Did we have a meeting today?

I thought we did, unless we got our wires crossed.

No. Um, I've been... distracted.

Your daughter let me in.

She's very sweet.

Thank you.

She showed me your pictures in there.

All the m*rder photos.

It's quite grisly. Can you tell me about it?

It might help me with the structure.

I... Mm.

Alicia: But it's wrong, isn't it?

Cary basically told the witness to lie.

She was gonna contradict Brett's alibi.

Did you tell her to lie?

No, but...

Do you believe in the client?

What do you mean?

Well, do you think that your client's telling the truth?

I don't know if he's telling the full truth.

Nobody ever tells the full truth.

Ever.

God, you're such a cynic.

No, just... experienced.

Look, Alicia, do you think that your client b*at this guy up?

No.

Then it's all right for you to do everything within the law to defend him.

Not even all right. It's your duty.

But is it all right to lie?

(chuckles) Not under oath.

Okay.

Here's to experience.

Experience.

(knocking)

Hey.

Hey. Sorry about the mess I left in the dining room.

That's okay.

You on a case?

I am.

That's good. You're happier when you're on a case.

Really?

Yeah, I worry about you when you just sit at home.

(chuckles softly)

I'm thinking about starting my own firm.

What do you think about that?

But you already started one, didn't you?

Yeah, but this would be different.

It would be to help people I wanted to help.

Can you make money doing that?

(chuckles) I don't know.

I guess we'll have to see.

I'd have to work out of the apartment.

In the dining room?

No.

I don't know.

♪ ♪

Turn it on its side.

Nice. Okay. You ready?

One, two, three.

Three.

Okay.

Not bad, Mom.

Yep. Back to basics.

Hey, I could be your secretary.

(chuckles)

No, I could answer your phone calls, get you coffee.

Graduate from school.

No, I have to have an internship.

This can be it.

Yeah.

(phone rings)

We'll see.

Hello.

Hello. Look, if this is sales, you'd better hang up now or I will rip you a new one.

I'm a lawyer, and that'll be my first case.

Go, Mom.

Zach: Hello, Mom. It's me.

Zach.

Hi. How are you?

Good.

I got your call. Is everything okay?

Yes. Great, in fact. Really great.

Good. I was thinking of coming home tomorrow night.

Oh.

(indistinct chatter)

Do you know what you're gonna do?

Maybe.

If he jails me, I need you to call Cary Agos.

Sure. Do you think it'll come to that?

No idea.

Sheriff: All rise.

Mrs. Florrick. Mr. Brody.

Up here.

(clears throat) Well, okay, Mrs. Florrick, have you consulted with counsel?

I have, Your Honor.

Are you ready to tell us who informed you about this I.A.D. investigation?

Well, first of all, Your...

No "first of all." Tell me now or be held in contempt.

Someone tried to help me, Your Honor.

Someone who knew that Detective Hardy was...

Your Honor, this is outrageous.

Yes, it is. Mrs. Florrick, answer the question.

I will tell you who informed me of the I.A.D. investigation, but I want to explain to you why they did it.

Because justice matters to them.

They saw an injustice at the heart of this case, and I think you've seen it, too, Your Honor.

Mrs. Florrick, who told you?

Kalinda Sharma.

Oh, come on.

This is B.S., Your Honor. Mrs. Florrick is mentioning the only person who is no longer in our jurisdiction.

I answered your question, Your Honor.

I'm not sure what more the S.A...

Kalinda Sharma fled our jurisdiction. We cannot arrest her.

She did not do this. It's either Cary Agos or her husband.

I answered your question, Your Honor.

Yes, you did.

Thank you, Mrs. Florrick.

On the record.

As to your motion to dismiss, I will sustain that.

Your Honor...

No, Matan.

You had your sh*t in 2009. Let it go.

Mr. Tatro, your case has been dismissed with prejudice.

(gavel bangs)

Thank you. Thank you.

I'm so gthis worked out, Brett.

I want to learn from you.

(chuckles) No, you don't.

♪ ♪
♪ Watching through the moonlight ♪
♪ Feel the softness of the air ♪
♪ Sleeping in the shadows of the heavens... ♪

So... how's your crisis of confidence going?

Better.

I'm so glad.

I'm thinking of starting my own firm and only taking cases I believe in, and I want to know if you'll join me.

♪ Your magic ♪
♪ Can't change your habits, so let's be light. ♪