BULL: Our work and our lives
are based on certain fundamental assumptions.
Gravity holds us to the ground.
Water is wet.
No two human bite marks are exactly the same.
("I Gotta Feeling" by The Black Eyed Peas playing)
MATT: Derrick!
Congratulations. Seriously, man.
Congrats.
* I gotta feeling...
We're all gonna be working for you someday.
(chuckles) All right, hold on.
You're gonna need something to wash this down with.
Mm.
What's this?
Don't worry about it, man.
Make you feel good, mess you up a little bit.
Nah, nah, nah... No, dude, my dentist gave it to me.
The worst it's gonna do is make your teeth a bit whiter.
Come on, we're all doing it.
* That tonight's gonna be a good night *
(laughs)
* That tonight's gonna be a good, good night... *
All right. (grunts)
Oh, my God.
* That tonight's gonna be a good night... *
I just spotted my future wife.
MATT: Go get her, man.
Just walk up there, pretend you want to order a drink.
What do you have to lose?
Come on, man.
All right, all right, all right.
(laughs) Geez, get off me.
(whoops)
Yes! (laughs)
All right.
Have a good night, man. You, too, my man.
We're free agents. Be good. Hey, thanks, man. Thank you.
Pleasure to meet you. Hey, congratulations. Good luck.
Thank you, thank you. Yeah, yeah.
Take care. Oh, all right.
(both chuckle)
(laughs): Oh, man.
Oh, wow. It's almost 2:00 in the morning.
Need me to hail you a cab or something?
Oh, I just live on the next block.
Okay.
Well, um, could I walk you?
It's a free country.
Listen, I like you, but...
but I don't know you.
So I think I should just go home, alone.
Okay.
Well, um, can I call you?
(both laugh)
(chuckles)
You marked me. (laughs)
Does that mean I'm your property, now?
Let's not get ahead of ourselves.
Just give me a call.
*
Good night.
Oh, and congrats on your promotion.
Thanks, Miss 212-555-0161.
(both laugh)
I know, right? I can't believe it, either.
I'm convinced I'm gonna get a call from upstairs saying that
it was all just a big mistake. Way to go, man. Congrats.
I've actually been demoted.
You'll make it to where I am one day.
Uh, hey, Grayden, let me call you back, all right?
Good morning.
Mr. Graham?
I'm Detective Bradley, this is Detective Rue, NYPD.
Hi. Can I help you?
Well, um, I was hoping I could ask you a few questions,
about Ashley Richardson.
Ashley?
Mr. Graham. Can I get you anything?
No, thanks, I'm okay.
I, uh, I'd just love to get to it.
Got a promotion yesterday.
A new job, and today's my first day, so, uh,
feels kind of weird not being in the office.
Uh, how's Ashley?
Uh, is she okay?
I-I don't know her. I-I mean, I... I just met her last night.
She gave me her number, I...
Is she okay?
Well, for the record, Mr. Graham,
we're being recorded.
And I want to just make sure it's clear
you're here of your own volition, right?
You understand that you're free to leave at any time.
No, I get that. And I want to help. I just...
(chuckles) I kind of need to know what's going on.
Okay.
So, last night was the first time ever
you saw Ashley Richardson, right?
She's dead, Mr. Graham.
Her body was found in the park this morning.
Oh, my God.
She'd been beaten, raped,
bitten on the neck, strangled to death.
Oh, my God.
Oh, man, I...
That's horrible, that's...
Now, we have security video that shows you and Ashley
outside the bar after everyone else left.
Nobody else is on the tape.
You two were the only ones out there.
RUE: So you were drunk and high.
Yes, sir.
And you wanted to have sex with this girl. Right?
I mean, I wanted to see her again,
if that's what you're asking.
I'm starting to think maybe I should leave.
I'm starting to think
that I need to come back with an attorney.
Well, you're c-certainly free to do that.
Uh, look, you've been nothing but cooperative. If...
It's just, you know, it's just these-these questions.
I-I just think that you might want
to take a second and think about how that would look.
I mean, if you have nothing to hide.
I don't.
Again, totally up to you.
But I do think you want to give some consideration
as to the appearance that that would create.
(sighs)
I've been here for what, like, five hours?
RUE: I haven't been keeping track of time.
But yeah, we've been here a while.
And like I said, I think you've been nothing but cooperative.
DERRICK: Do you think we're close to being done?
RUE: I do.
You got to tell me the truth, Derrick. You're in it, kid.
All that booze and the drugs.
I mean, your memory's pretty spotty.
You ever blacked out before, Derrick?
I-I don't know. I've...
I-I don't think so. Come on.
Maybe once, in college. Maybe twice.
So it's possible.
You could've blacked out. I don't know.
I feel like I remember everything that happened.
Okay, here's the thing, Derrick.
Ashley lived for a couple of hours
after she was found in the park.
I spoke to her.
And she identified you as her attacker.
Ashley said I did it?
Have no reason to lie, would she?
No, but, I mean, uh...
She was intubated, so she couldn't actually speak.
But I asked her to write down
the name of the guy who did this to her.
You want to see what she wrote?
Yeah, sure, of course.
This is Ashley's handwriting.
I mean, I don't know, Derrick.
Maybe you hurt her without meaning to.
I'm just saying it could've been an accident.
Here's the proof.
It's okay.
BULL: Then, one night, you can't sleep.
You start digging through professional journals
you've been meaning to read, and...
and there it is.
Courts all over the country
are starting to reject bite mark evidence.
The legal community,
courts, lawyers, law enforcement,
a lot of them no longer believe there's anything to it.
And that matters because...?
Derrick Graham.
When I went into the trial science business,
one of the first trials I was involved with
was a murder trial.
A, uh, young investment banker was accused
of raping and killing a young woman one night in a park.
Downtown Manhattan.
The Wall Street Slayer.
Well, obviously you did your job; guy's in prison.
No.
I lost.
I was working for the defense.
And I believed with all my heart
that he was innocent; I still do.
Where are we going with this?
The D.A. had three key pieces of evidence.
First, DNA evidence.
My client's DNA was found on the victim.
And he admitted that was because he was kissing her
earlier in the evening.
Oh, wait a second. I remember this case.
Didn't he confess?
A coerced confession, yes.
A false confession.
And that's piece number two.
The detectives lied to the suspect,
something they're allowed to do in New York state,
and I think we did a pretty good job of making that clear
to the jury.
But then there was bite mark evidence.
Which is now starting to be considered bogus.
CHUNK: Wait.
Okay, you got me on two out of three.
But an Ivy-educated investment banker confessed to a murder
he did not commit?
They lied to him.
They told him the victim had identified him
just before she succumbed in the hospital.
My client was in shock; he was upset
and confused.
I'm telling you, this man is innocent.
(door buzzes)
(locks clanking)
Dr. Bull.
Been a while.
You think so?
This is gonna sound hollow, but I have wanted to visit.
Oh, I know.
I got your messages from way back when.
I just... couldn't.
You, my friends, my parents,
even my sister.
Haven't seen a one of them.
I just kept saying no, and they stopped asking.
Well, thank you for saying yes this one time,
and let me tell you why I'm here.
Bite mark evidence is no longer
anyone's gold standard for anything.
More and more courts are refusing to recognize it.
I'd like to file a motion to vacate the guilty verdict.
See if we can't get you a new trial.
I'd like to fix this for you, Derrick. I'd...
(sighs) I'd like to get you your life back.
Can I have your permission?
Sure. What do I care?
Here's the thing.
All of this, you...
everything that happened after that night...
it's all just a dream, man.
And I'm really just asleep.
Either that or I'm dead, and this is death.
Either way...
whatever you do is fine.
(door buzzes)
*
(line rings, beeps)
Hey, Anna. It's Uncle Chunk.
Your dad.
(sighs)
This is, like, the sixth time that I've called.
And your mom sent me an e-mail, so I know you're coming
in two weeks so we can go tour NYU.
It's just feeling a little strange on my end that...
we haven't actually had a conversation
since Thanksgiving.
That you don't or won't return my phone calls,
not even at Christmas.
So, please, just, I'm asking, just call me back.
Doesn't matter what time of day; my phone's always on.
Just... please.
(sighs)
*
* Doo, doo, doo-doo, doo, doo, doo-doo *
* It's a shame, the way you mess around with your man *
* It's a shame, the way you hurt me *
* It's a shame, the way you mess around with your man *
* I'm sitting all alone
* By the telephone
* Waiting for your call
* When you don't call me at all *
* Why do you use me?
* Try to confuse me?
* How can you stand to be so cruel? *
* Why don't you free me from
* Oh, this prison
* Where I serve my time, oh, as your fool? *
* Hey, it's a shame * Shame *
* Oh, the way you mess around with your man *
* Got to be a... * Shame *
* The way you hurt me, yeah
* It's a shame * Shame *
* The way you mess around with your man *
* You're my baby girl
* You're my whole wide world
* And I must complain
* I just can't be confined, looking back in time *
* No, it's a shame * Shame. *
(phone ringing, vibrating) Oh.
Hello, Anna?
RECORDED MALE VOICE: Congratulations.
You've just won a Florida cruise!
(sighs)
Ugh, man, nine years is a long time.
Some of this stuff's pretty funky.
Tell me about it. What do you think this is?
Huh.
Well, those holes are where the police lab
cut out pieces for testing.
The only DNA that they recovered was Ashley's.
Well, it's been nine years.
Technology has improved since then.
Might be worth giving it another go.
Yes, of course I remember Derrick.
He, uh, showed a lot of promise.
He was on the partnership track.
Do you remember his coworker, Matt Williams?
(chuckles) Sure.
Uh, Matt got indicted a few years back.
Insider trading.
Uh, what about Josh O'Connor?
Ah, finally. Easy question.
He's about six floors up.
Got a big grin and a big bank account.
Wow. I certainly didn't see this coming
when I woke up this morning.
So, what would I have to do?
Well, there's no doubt in my mind
the prosecution's gonna want to subpoena you.
They're gonna want you to set the scene.
Place Derrick and Ashley together at the bar,
talk about the drinking, the hydrocodone.
Not my finest hour.
Well, then, when we cross-examine,
I'm gonna want you to paint a fuller picture of your friend.
His demeanor, his character.
I have yet to meet anyone who knew this man
who believed he was capable of this kind of savagery.
Oh, it's true, it's true.
Derrick was always a perfect gentleman.
He was the kind of guy that would ask permission
before he'd kiss a girl. Hmm.
So, I can count on you?
Maybe come into my office for a couple of hours,
do a little witness prep?
Of course.
But what's gonna be different about this trial?
They got a new suspect or something?
No, but bite mark evidence
is starting to be recognized for the junk science
it's always been, and I'm hoping
that gives us a shot at a second trial.
Same judge?
Same prosecutor, same everybody.
Except for the jury.
DERRICK: Kind of big, don't you think?
It's intentional; trying to make you look smaller.
You mean less threatening.
Been a while since I needed one of these.
Can't even imagine what it's like
to wake up every day and realize
that you're in prison for something you did not do.
It's actually kind of reassuring to hear you say that.
There are days I forget.
Days I convince myself prison is where I belong.
Has to be.
Otherwise...
why am I there?
What about a support system?
Friends? Family?
Not really.
Well, there must be someone.
Didn't I hear you have a sister?
When's the last time you spoke to her?
I haven't seen or spoken to anyone from before
since they locked me up.
Just better for me.
Better for everyone.
Does your family know what's going on?
That we're trying to get you a new trial?
It's always good to have your people in the audience.
The judge and the jury will notice.
I don't know what to tell you.
All right, I'll-I'll make some calls.
A.D.A. Madden's own expert, Dr. Novak,
has withdrawn her initial opinion
about the validity of the bite mark impressions.
By her own admission, she now claims
that the jury should have never considered
her testimony as evidence of my client's guilt.
Your Honor, even if you accept that as true,
there was a mountain of other evidence.
There was DNA...
Of course there was.
My client freely admitted that he engaged
in consensual contact with Miss Richardson.
Your client also confessed to killing her.
My client was coerced.
Which is why we're moving to suppress the confession.
On what grounds? A valid confession
must be knowing, willing and voluntary.
I submit that the detectives' lies made that impossible.
Okay, I've heard enough.
I know the case very well.
I presided at the original trial,
and I considered a motion to suppress then and denied it,
and I'm denying it now.
(gallery murmuring)
But I'm going to grant your motion to vacate the conviction.
I'm granting a new trial. We're adjourned.
Talk about snatching victory from the arms of defeat.
I wouldn't crack open any champagne just yet.
I have something for you.
"Notice of Discovery."
Yes, indeed. We have a new witness.
Who's Jerome Sheffield?
He's my cell mate.
Former cell mate.
We moved him to another facility this morning.
Crime happened nine years ago.
What's he going to say?
Let me guess, he's gonna say our client confessed to him.
Confessed to him about what?
Mr. Graham, I'm advising you not to speak.
Jerome Sheffield is prepared to testify
that your client admitted to him
that he raped and murdered Ashley Richardson.
He's lying. That never happened.
Stop talking; he is trying to bait you.
When did my client make this so-called confession?
Two days ago.
How serendipitous. So, I'm guessing
the day we filed a motion for a new trial,
you offered Derrick's cell mate a deal for what, exactly?
Early release? And then, miraculously,
he came to you with a confession.
Hmm. And people say there is no God.
You might want to dial it down, Dr. Bull.
Do you have this confession on tape?
Yeah, I didn't think so.
A confession is a confession.
Or, in this case, two confessions.
I proved this man was guilty once.
I'm happy to do it again.
Gee, for a fleeting moment there, that felt really good.
(door opens) BULL: It's a new day!
A new chance to convince oneself
that the cause is not lost.
Maybe it's just temporarily misplaced.
You slept here again?
Well... (sniffs) Ooh, sorry.
Yeah. I was reading the transcripts
from the original trial, and I looked up
and it was 5:00 a.m.
Grabbed a couple hours on the couch.
You don't have a clean shirt, do you? Yeah.
DANNY: Hey. Oh, sorry to barge in.
And, uh, to what do I owe the pleasure?
Well, I ordered some new
state-of-the-art DNA tests on the scarf
Ashley was wearing that night. And?
And they found something new, DNA-wise,
that doesn't belong to Ashley or Derrick.
Well, we like the sound of that.
Yeah, well, might belong to the store clerk
that sold it to her or someone
she brushed up against in the bar.
Or the killer.
But that we don't know, because whoever it is
isn't showing up in the system.
Which leads me to my next question.
Where are we with alternate suspects?
Other people who were in the bar that night,
people in the neighborhood with prior sex crime records?
Well, with all due respect,
Dr. Bull, we're still short-staffed,
and that used to be something Cable would do
for us online, and, as you know, um,
at the moment, there's no Cable.
Be that as it may,
we always managed to get things done before there was a Cable,
and I have every confidence you'll get it done
until we find her replacement.
I hate to be a Debbie Downer, but last night I pored over
the police records, witness statements,
and I didn't find any new leads.
Not a one.
It supports our narrative.
The reports don't make any reference of alternate suspects
because the detectives never looked for any.
It's called myside bias.
The police have always believed that Derrick was the killer.
Their entire investigation was centered
on proving that to be true.
What should've happened was an open and fair investigation.
But in this case, all they did was find evidence
to support a predetermined conclusion.
Oh, aren't you a chipper-looking pair?
Glum and glummer?
Well, hard to put on a happy face when you look at this data.
Been doing some polling, Bull, and it suggests
that over 80% of our potential jury pool
still remember Derrick's first trial
and already believe he's guilty.
Those are some tough odds.
And now with this new confession...
Yeah. I hear you.
I guess we just have to find a jury
who can see through these so-called confessions.
Okay. If you say so.
And where would one look for said jury?
How well do you know Shakespeare?
I, uh, read Romeo and Juliet in high school.
I think. Or maybe I saw the movie.
What I need are jurors who identify
with Othello's fatal flaw: jealousy.
Or more specifically, the absolute certainty
that makes jealousy possible.
You see, Othello suspected his wife of having an affair,
so he confronted her.
And quite understandably, she vigorously denied it.
She cried and did everything she could to convince him,
but Othello didn't care.
He was absolutely certain of her guilt.
In fact, he believed Desdemona's tears
were proof of her consciousness of guilt.
The irony is all they were was a reaction
to her husband's not believing her.
Long story short, Othello killed his wife
for something she didn't do.
Now, I want jurors who understand
that just because Detective Bradley, for that matter,
the entire police department,
believes something
with all their might, it doesn't make it true.
If you were questioning someone from your office,
and let's say your favorite pen went missing from your desk
and they were sitting there with their arms crossed
tightly across their chest.
What would you think?
I don't know. They... Maybe they were cold.
This juror is acceptable, Your Honor.
And you, ma'am.
Same question.
I'm inclined to think it means they took the pen,
or at least know something about who did.
We'd like to thank and excuse this juror, Your Honor.
You, sir.
Who knows? It could mean a zillion things.
Juror number three is acceptable.
Someone is being interrogated by the police.
His mouth is dry, he keeps asking for water,
his body keeps trembling.
What do you make of that?
Tough call without knowing who's who, what they're in for.
At the very least, I know he's nervous.
(clears throat)
Excuse me, Your Honor.
Talk to me.
Could go either way. Try this. Do a push/pull.
Suggest the answer in the question.
See if that'll sway her.
I'm sorry.
I was asking you about someone being questioned by the police
and you said that maybe they were nervous.
Why would you say they were nervous?
Maybe he's afraid he's gonna get caught.
Or maybe they're afraid of being railroaded by the police
for something they didn't do.
Sure. Maybe. I never thought of that.
Maybe he has a nervous condition.
Could be.
These two jurors are acceptable to the defense, Your Honor.
Ladies and gentlemen, we have a jury.
Tell me we're ahead of the curve.
MARISSA: Wish I could.
Based on what I'm hearing,
we'll end up with nine red jurors and three green jurors.
Well, 25% of the way there. I'll take it.
Prosecution's first witness tomorrow
is Derrick's friend, Josh.
He's on our side. Who knows?
Maybe he'll win us some converts.
Fingers crossed.
Everyone was in a good mood.
I mean, we were having fun.
You know, it was supposed to be a celebration.
And did you see the defendant
approach the victim, Ms. Richardson?
Sure.
Sure. We were all watching and kind of
hoping they'd click.
I mean, from our vantage point,
it looked like they'd make a pretty cute couple.
And then she joined you at your table?
Yes.
Yes. And she was terrific.
You know, a lot of fun. You know, full of life.
And he was a perfect gentleman.
(quietly): You can't let them see your shame.
They won't understand it. They'll think it's guilt.
MADDEN: Now, is it still your testimony
that everyone was drinking,
and that in addition, there were narcotics, hydrocodone?
Yes.
In fact, you were the one
who provided the drugs, isn't that correct?
The hydrocodone.
Yes.
And I feel terrible about that.
Really?
Why?
Objection. Relevance?
Rephrase the question.
Sir, you just testified that you felt terrible
about giving the defendant drugs.
I'm simply asking why, why that would make you feel terrible.
Objection. Compound.
Overruled. The witness will answer the question.
I'm not sure I understand what...
MADDEN: Do you feel that if you hadn't
given the defendant drugs,
then maybe he wouldn't have committed the murder?
Is that what you meant?
Objection! Assumes facts that are not in evidence.
Leading the witness. Your Honor, please.
The answer will stand.
But that's not what I said.
It's exactly what you said, sir.
You said you felt guilty about giving your friend drugs.
Would you like the stenographer
to read the transcript back to you?
Objection!
Withdrawn. I have nothing further.
(quietly): Feels like we're dying here. Tell me we still got a pulse.
MARISSA: Barely.
We just lost two of our three green jurors.
It's 11 to one
in favor of conviction.
Hmm.
All right. Breakfast for dinner?
Ah. Eggs.
Oh. Hash browns.
You want something to drink?
Ah.
You know, I went over this a hundred times in my head.
I don't know why Josh's testimony
went off the rails like that.
Ah, we didn't get any help from the judge.
I got to say, for a guy with a corner office
and a gigantic paycheck,
old Josh was not terribly light on his feet.
Fell right into the A.D.A.'s trap,
and then did nothing to get out of it.
I'm starting to think I've made a monumental mistake here.
I picked a fight I can't win
and I've raised Derrick's hopes a second time.
So, tomorrow morning, Detective Bradley is first up.
Huh. Yeah.
I heard his testimony nine years ago.
I'm not looking forward to reliving it.
Well, you got to give it to the guy.
He set out to do something nearly impossible,
and he did it.
He got an innocent man to admit to a murder he didn't commit,
and he did it legally.
It's no small feat.
That's really it in a nutshell, isn't it?
That's what's killing us.
What do you mean?
Well, that's the leap people have trouble making.
We all sit here and think, "I'd never do that,
no matter how hungry, no matter how thirsty. I'd never do that."
But the annals of law are filled
with men and women who have done just that,
who said, "I did it," when they didn't.
Finish eating. We got work to do.
So, the murder occurred on the night of the seventh,
and you showed up to Mr. Graham's workplace
the morning of the eighth. That's correct.
So, I'm curious, in the intervening nine hours,
when did you have a chance to decide that Mr. Graham
was your number one suspect?
Objection. Assuming facts not in evidence.
Detective Bradley has never suggested that the defendant
was his number one suspect.
Well, he was.
JUDGE: Objection overruled.
Proceed, Mr. Colón.
So, again...
if you were first notified about the murder
at 3:00 in the morning and visited Mr. Graham's office
at 10:30 that same morning, when was it you decided
that Mr. Graham was likely responsible
for Ashley Richardson's murder?
As soon as I saw the tape. And you're referring
to the surveillance tape outside of the bar?
That's correct. And what was it you saw on that tape?
I saw the defendant and the victim leave the bar together
just as the bar was closing; they were the last ones to go.
They walked away together,
and that's the last time anyone saw Ashley Richardson alive.
But my client explained to you when you interviewed him
that after he and the victim left the bar together,
they stopped at the corner, outside of the camera's view.
And then each went in different directions.
Well, he can tell us anything he likes.
That doesn't make it true.
Indeed, but that doesn't make it false, either.
Objection. The defense attorney is no longer asking questions,
but rather is making pronouncements.
Objection sustained.
The jury will disregard the defense counsel's pronouncement.
Okay. I apologize, Your Honor. All right.
Let me come at this a different way.
So, at whatever time it was that you left the crime scene...
4:30 in the morning. What did you do?
I went home. I got about four hours of sleep.
All right, so that's about 8:30 in the morning.
And then what happened?
I went to the station house. I saw the tape.
I went to Mr. Graham's place of business.
You know the rest.
That it?
Let the record reflect
that the detective answered with a shrug.
So... you didn't go to Mr. Graham's apartment
to look for physical evidence? Not at that point.
I mean, either corroborate his alibi or to challenge it
by finding some proof that he had raped and killed this girl?
Bloodied clothes, perhaps a-a lobby camera
would establish what time he returned home.
We found his DNA on her clothing.
Because he kissed her,
as he explained when you questioned him that morning.
Well, maybe he did and maybe he didn't.
Maybe he just raped her, beat her and strangled her.
Maybe.
But the point is, you'd have no way of knowing that,
since it sounds like you spent all of 45 minutes investigating
before you decided who committed the crime.
Objection. Assumes facts not in evidence.
He's right. I'm not sure if it was 45 minutes.
Could've been less.
(gavel bangs, gallery murmurs)
I love it when he does that stuff.
We just got our two green jurors back.
So it is back to nine red and three green.
Excellent.
That at least gives us a decent shot at a hung jury.
Let's see if we can't do better.
Isn't it true that you questioned my client
for over eight hours without the presence of a lawyer?
He was free to leave. Was he?
Didn't you and a fellow detective
discourage him from leaving
by suggesting it wouldn't look good?
It wouldn't look good. Then why was it necessary
to keep him for over eight hours?
Was he refusing to talk?
Not at all. Or were you just
not hearing what you wanted to hear?
Objection! JUDGE: Overruled.
Isn't it true that my client told you repeatedly
that he didn't commit the crime?
That it was only after badgering him for eight hours
that he was finally persuaded
that he might've possibly committed the crime
and not remembered it?
We're allowed to say whatever it takes
to get a dangerous guy off the street.
Memory is malleable. Wouldn't you agree?
Especially in the face of an experienced interrogator?
My job is to ask the questions that get at the truth.
And to do that, you told a lie.
Again, we're allowed to say whatever it takes.
Oh, man, you told a whopper, didn't you?
You told my client that the victim identified him,
wrote his name on a piece of paper,
and she did nothing of the kind.
You arrived after the victim was dead.
I did what I needed to do.
To do what? To get to the truth?
Or to get a confession at any cost so you could say
you solved the case?
(gallery murmuring)
One last thing.
Isn't it true that you and the A.D.A.
bribed my client's cell mate to come here and to claim
my client confessed to him?
A reduced sentence is not a bribe.
Oh, that's quite a system you have here.
You-you lie to suspects, you bribe witnesses...
Objection!
Sustained. You are perilously close
to contempt, Mr. Colón.
My apologies, Your Honor.
There's only a man's life at stake.
No further questions.
Give me a number.
I am looking at ten green.
I love that number.
We're listening.
Your client pleads guilty, and I'll recommend
his sentence be reduced to time served.
I don't understand.
I don't have to go back to prison?
Well... (clears throat)
we'll have to go back to the courtroom
and tell the judge that you want to change your plea to guilty.
So I'd have to tell them that I murdered Ashley.
Derrick, listen to me.
I know what you're thinking, I know what you're bumping on.
Let me explain.
We are sitting in this room because that man
is no longer convinced
that this is a sure thing.
In fact, I'm fairly certain he believes
this is anything but a sure thing.
Unfortunately, the same is true for our side.
Now, I can't look you in the eye
and tell you that all 12 jurors are gonna let you walk.
I can promise you that a majority will vote that way,
but that brings us to a mistrial.
And that means we have to go through all of this again,
and we might get a different set of cards.
It's a big gamble.
If you take this deal, it's over.
And you've already spent your last night in prison.
It's only a good deal if you did it.
Then you're getting away with something.
Then you're getting something for nothing,
but, Dr. Bull, I didn't do it.
I'm not pleading guilty to something I didn't do.
Today's your lucky day.
I want to take my chances with the jury.
Derrick, please don't do this.
You never know what the jury's gonna do.
This is a bird in the hand.
I don't want a bird. I want my name back.
Even Josh,
my best friend Josh, you heard him up on the stand.
He tried to hide it, but I could tell.
Even he thinks I'm guilty.
We appreciate the offer, Counselor.
But our client would like to see this through to the end.
(elevator bell dings) Is he here yet?
He's in your office. Just like you asked.
Did you get him dinner?
I did. Is he eating it?
He was when I left him.
Did you get that information I asked for?
I certainly did.
Now, would you mind telling us what's going on?
Well, what do we have here?
Well, we're really in Cable country here,
but... I was able to get proof positive
that on the day of the murder,
Josh used his credit card to buy a MetroCard
for use on the city subways and buses.
And did he swipe the card?
Yes, he did, um, at the City Hall subway station
three blocks away from the murder at 2:51 a.m.
Huh. Well, it's not enough to get an arrest warrant
or the charges against Derrick dropped, but...
Wha-- Josh? What makes you think...
It was something Derrick said in court to me today.
He said he could tell when Josh was on the stand
that he thought Derrick was guilty.
And it made me start to think:
what did I sense when Josh was on the stand, and...
...it wasn't that at all.
It was something very different.
Just a hunch. See where it goes.
Ah.
Thank you for coming.
I see Marissa took care of you.
Of course, of course. It sounded urgent.
You guys have a new suspect or something?
Well, kinda, sorta.
Fun fact: did you know that when you buy a MetroCard
with a credit card, it's traceable?
Okay. That doesn't surprise me.
I would imagine anything you buy with a credit card
is probably traceable.
Well, it turns out, a lot of people used MetroCards
to go to and from the bar the night that Ashley was killed.
Again, I can't say that surprises me.
I'm sorry, I don't mean to be rude,
but what are we doing here at 8:00 at night?
Where are you going with all this?
You used the subway that night.
Okay. If you say so.
You swiped your card at a station
not far from either the bar or the park.
And not at 2:00 a.m., right after the bar closed,
but closer to 3:00 a.m., just after Ashley was killed.
Is this how my friend repays me
for taking the stand twice in his defense?
He sends his...
Sorry, what are you, anyway?
Not quite lawyer,
to throw a Hail Mary at the last minute
because the trial isn't going his way?
I got real lawyers, Doctor.
And you'll be hearing from them first thing in the morning.
Well, here's the thing.
We resubmitted Ashley's scarf
to the lab for more sophisticated DNA testing,
and, uh, well, guess what we found.
Your skin cells, your DNA,
they were both on Ashley's scarf.
No, they weren't.
Where would they get my DNA?
I've never been arrested.
Don't be naive.
You know those drug tests and security clearances
the SEC puts you through every year?
So you can move all that money around
and make rich people even richer?
Where do you think those lab results go?
I'm calling my lawyer.
Do what you want.
I'm just trying to help you get ahead of this.
I'm not a police officer, but I am gonna have to turn over
all the information I have to A.D.A. Madden.
And I'd love to tell him that you have been cooperating
and you're willing to tell your story, and see if I can't
get the powers that be to cut you a deal.
Maybe knock your sentence down from life to 25 years.
Or...
call your lawyer.
He or she will go in both guns blazing, and I promise you,
you'll pay full price.
Life in prison. No discount.
And it won't be fun.
Bad as it was for Derrick, it'll be even worse for you.
Everyone...
will know that you're the guy
who let him rot in a prison cell while you were sitting
in what should have been his corner office, making millions.
Think about it.
I'll be here all night.
Tell me something good.
Well, the expedited test results are back.
The DNA on the food Josh ate last night matches
the DNA on the scarf.
Thank goodness, 'cause he just confessed
to the A.D.A. in his office.
Wait a second.
You got him to admit to the murder
before you had the DNA results?
I may not have been entirely clear with him about that.
Darn. I hope he didn't misunderstand me. (chuckles)
I understand you have a motion, Mr. Madden?
MADDEN: Your Honor,
due to recently uncovered evidence,
the people move to dismiss the charge of murder
against Mr. Derrick Graham.
Is that acceptable to the defense?
No, Your Honor. A dismissal is not enough.
My client is seeking complete vindication.
We are asking the court to enter a finding of not guilty.
No objection.
Then I'm finding the defendant not guilty
and ordering that he be released from custody forthwith.
Court is adjourned.
Thank you.
You saved my life.
No.
I failed you, and you gave me a second chance.
Thank you.
CHUNK: Uh, gentlemen.
Excuse me.
Mr. Graham, I realize this is an awkward moment,
but this woman says that you stole her dessert.
Pretty much every night.
Sis.
(crying): Connie.
You found his sister.
We do what we can.
(phone vibrating)
Oh, shoot.
It's my daughter. I just missed it.
Did she leave a message? Yeah.
Excuse me.
ANNA (recorded): Hi, Uncle Chunk.
Uh, Dad.
Um, I'm excited about coming to New York,
excited about seeing you.
And also scared and worried.
I know it makes no sense.
I keep having this dream that I'll get to the airport
and you won't be there.
Crazy, right?
(clears throat) I guess also I'm a little mad at you.
17 years is a long time to wait to meet your father.
Lots of birthdays and Christmases to miss.
It's kind of a shame.
Anyway, I'll see you next week.
Love you, Dad.
*
* Shame.
Captioning sponsored by CBS
Captioned by Media Access Group at WGBH access.wgbh.org