1 00:00:01,239 --> 00:00:02,936 Previously on "All Rise"... 2 00:00:02,980 --> 00:00:04,329 McCarthy would do a cleanup 3 00:00:04,373 --> 00:00:05,461 for any trainee who got caught in the hot seat. 4 00:00:05,504 --> 00:00:06,723 Why didn't I ever hear about this? 5 00:00:06,766 --> 00:00:08,290 Watkins, you signed a statement for McCarthy 6 00:00:08,333 --> 00:00:09,769 when we were fresh out of the academy. 7 00:00:09,813 --> 00:00:12,076 - You don't remember? - Sorry, Sara, I have to go. 8 00:00:12,120 --> 00:00:13,947 You are just driving me crazy! 9 00:00:13,991 --> 00:00:15,210 Nikki? 10 00:00:15,253 --> 00:00:17,386 Whoa, where are you going? Get back in here! 11 00:00:17,429 --> 00:00:18,735 - Hey! - No! 12 00:00:18,778 --> 00:00:20,041 Lo, Benner named the presiding judge 13 00:00:20,084 --> 00:00:22,086 in the McCarthy case. It's you. 14 00:00:22,130 --> 00:00:23,522 Omar, this is new evidence. 15 00:00:23,566 --> 00:00:24,915 This could vacate your conviction. 16 00:00:24,958 --> 00:00:26,699 I'd just like my eye for an eye, please. 17 00:00:26,743 --> 00:00:28,571 - Mark, I've been trying-- - No, I know you have. 18 00:00:28,614 --> 00:00:30,703 And the fact that you're even considering-- 19 00:00:30,747 --> 00:00:31,878 I'm married. 20 00:00:45,022 --> 00:00:48,286 ♪ Uh-oh, uh-oh 21 00:00:51,942 --> 00:00:56,990 ♪ When all my darkness comes to light ♪ 22 00:01:01,691 --> 00:01:04,172 - Hi. - Hey. 23 00:01:04,215 --> 00:01:06,130 I want to swing by tonight and pick up some clothes. 24 00:01:06,174 --> 00:01:08,089 Sure. How's the McCarthy trial? 25 00:01:08,132 --> 00:01:10,961 - Oh, you know. - No, I don't. 26 00:01:11,004 --> 00:01:13,790 We haven't talked much since you walked out. 27 00:01:13,833 --> 00:01:16,967 I just need a little time, Amy, to process things. 28 00:01:17,010 --> 00:01:18,795 It's not every day you find out 29 00:01:18,838 --> 00:01:20,971 the woman you love is married. 30 00:01:21,014 --> 00:01:24,322 Nice to hear you still love me. Can we please talk? 31 00:01:24,366 --> 00:01:28,457 Yeah, um, just let me get past this case. 32 00:01:28,500 --> 00:01:31,938 Listen, I think it's best if you're 33 00:01:31,982 --> 00:01:33,679 not there when I come by tonight. 34 00:01:36,117 --> 00:01:38,162 Good luck today. 35 00:01:38,206 --> 00:01:42,427 ♪ All my reasons, let them die ♪ 36 00:01:47,389 --> 00:01:48,477 What do you say, Mark, you ready? 37 00:01:48,520 --> 00:01:49,695 Pete Rashel says he won't testify. 38 00:01:49,739 --> 00:01:51,828 Well, you have plenty of other witnesses. 39 00:01:51,871 --> 00:01:53,525 - You don't need Rashel. - I think we do. 40 00:01:53,569 --> 00:01:55,962 Rashel's where this all started. Deep Throat could have sent us 41 00:01:56,006 --> 00:01:57,703 any of the deputies on that list. Why him? 42 00:01:57,747 --> 00:02:00,489 Right now you need to focus on -Cuthbert and Judge Carmichael. -Sir? 43 00:02:00,532 --> 00:02:02,621 Carmichael's going to be leaning heavily towards the defense 44 00:02:02,665 --> 00:02:04,145 so she doesn't show any bias towards you. 45 00:02:04,188 --> 00:02:07,278 Lola--Judge Carmichael wouldn't do that, sir. 46 00:02:07,322 --> 00:02:09,498 -She's a fair judge. -Who's up for re-election next year. 47 00:02:09,541 --> 00:02:11,761 Trust me, Mark, she's got big fish to fry. 48 00:02:11,804 --> 00:02:13,241 Are you ready for McCarthy? 49 00:02:13,284 --> 00:02:14,590 If Cuthbert puts him on the stand. 50 00:02:14,633 --> 00:02:18,811 McCarthy will testify. Be prepared for McCarthy. 51 00:02:21,858 --> 00:02:25,296 Sam. Your trial for the child abuse case starts today. 52 00:02:25,340 --> 00:02:26,645 - Yes, sir. - First chair. 53 00:02:26,689 --> 00:02:28,256 - Congratulations. - Thank you, sir. 54 00:02:28,299 --> 00:02:29,170 Good luck. 55 00:02:29,213 --> 00:02:31,520 Okay, Bravo. 56 00:02:31,563 --> 00:02:33,609 Like I wasn't freaked out already. 57 00:02:33,652 --> 00:02:36,089 - What is that? - For good luck. 58 00:02:37,134 --> 00:02:38,440 I should be with you. 59 00:02:38,483 --> 00:02:40,050 Sam, I never would've gotten this far without you. 60 00:02:40,093 --> 00:02:41,965 Come on, first chair? 61 00:02:42,008 --> 00:02:43,053 Killin' it! 62 00:02:50,016 --> 00:02:51,496 Despite what the prosecution alleges, 63 00:02:51,540 --> 00:02:53,368 we have no doubt the truth will prevail 64 00:02:53,411 --> 00:02:55,892 and show that Deputy Wayne McCarthy 65 00:02:55,935 --> 00:02:57,589 is a pillar of this community 66 00:02:57,633 --> 00:03:00,723 and an upstanding leader -in the force. -Are you worried at all 67 00:03:00,766 --> 00:03:02,638 about having Lola Carmichael -as the judge? -We are... 68 00:03:02,681 --> 00:03:05,467 thrilled that Judge Carmichael was given this case 69 00:03:05,510 --> 00:03:07,817 She is so brave and has overcome so much. 70 00:03:07,860 --> 00:03:11,342 Just this past year, she was arrested at a BLM protest 71 00:03:11,386 --> 00:03:13,126 and came out completely unscathed. 72 00:03:13,170 --> 00:03:14,476 No, she did not just say that. 73 00:03:14,519 --> 00:03:15,781 I have heard rumors that 74 00:03:15,825 --> 00:03:18,219 Judge Carmichael and DDA Callan are buddies, 75 00:03:18,262 --> 00:03:21,222 and there are those who believe that she cannot be unbiased. 76 00:03:21,265 --> 00:03:25,138 We, of course, -do not feel that way. -Ha! No, of course not. 77 00:03:25,182 --> 00:03:26,270 Oh, boy. 78 00:03:26,314 --> 00:03:28,141 This case has been absolute hell. 79 00:03:28,185 --> 00:03:29,534 I can see how stressed out Mark is, 80 00:03:29,578 --> 00:03:30,796 and I can't even call him. 81 00:03:30,840 --> 00:03:32,276 Please send him a picture of Bailey 82 00:03:32,320 --> 00:03:33,973 in the papoose that he bought her. 83 00:03:34,017 --> 00:03:35,540 And don't even get me started on Cuthbert. 84 00:03:35,584 --> 00:03:37,499 That woman is working my last nerve. 85 00:03:37,542 --> 00:03:40,153 And McCarthy?! Sitting up there, day after day, 86 00:03:40,197 --> 00:03:43,548 so smug, and now she wants to hold a press conference 87 00:03:43,592 --> 00:03:46,072 bringing up the protests and my arrest. 88 00:03:46,116 --> 00:03:49,162 Even if I could be unbiased, which I'm not saying I can't, 89 00:03:49,206 --> 00:03:52,296 because even someone like McCarthy deserves a fair trial 90 00:03:52,340 --> 00:03:53,645 but all the same, I don't even know 91 00:03:53,689 --> 00:03:56,257 if I can give him a fair trial. Why, Lisa? 92 00:03:56,300 --> 00:03:57,649 Why did you do this to me? 93 00:03:57,693 --> 00:03:59,651 Cuthbert papered Campbell, and your court was open. 94 00:03:59,695 --> 00:04:02,959 Do you want -to recuse yourself? -And give Cuthbert what she wants? No. 95 00:04:03,002 --> 00:04:05,178 But you could've at least asked me. 96 00:04:05,222 --> 00:04:07,964 I am up for re-election, in case you hadn't heard. 97 00:04:08,007 --> 00:04:10,749 -It is a jury trial. -I still have a job to do. 98 00:04:10,793 --> 00:04:13,926 Yes, but you tend to get more involved than you need to. 99 00:04:13,970 --> 00:04:16,538 - Oh, that's not a criticism. - It sure sounded like one. 100 00:04:16,581 --> 00:04:18,670 Imagine this trial as the Super Bowl. 101 00:04:18,714 --> 00:04:20,759 Mark and Corrine are the Chicago Bears 102 00:04:20,803 --> 00:04:22,413 -and Tampa Bay Bucs. -They're both NFC. 103 00:04:22,457 --> 00:04:23,806 Whatever. You know what I'm saying. 104 00:04:23,849 --> 00:04:25,242 - Not really. - 105 00:04:25,286 --> 00:04:28,289 Let the players play, Carmichael, 106 00:04:28,332 --> 00:04:32,336 and you just be a great referee. 107 00:04:47,264 --> 00:04:50,485 So...two whole days off. 108 00:04:50,528 --> 00:04:52,008 - Oh, my God. - Any plans? 109 00:04:52,051 --> 00:04:53,139 I have such a long list. 110 00:04:53,183 --> 00:04:54,271 First, I'm starting with the kitchen. 111 00:04:54,315 --> 00:04:55,577 - And then I'm going-- - Ugh! Emily! 112 00:04:55,620 --> 00:04:57,492 When was the last time you had any time off? 113 00:04:57,535 --> 00:04:59,668 -You need to have some fun. -I am helping you, 114 00:04:59,711 --> 00:05:01,322 and then I'm spring cleaning, and that is fun. 115 00:05:01,365 --> 00:05:03,106 - You heard from Joaquin? - We've talked, 116 00:05:03,149 --> 00:05:05,761 but our conversations have been really strained. 117 00:05:05,804 --> 00:05:06,979 And Luke? 118 00:05:07,023 --> 00:05:10,200 We're taking it slow. He made me dinner. 119 00:05:10,243 --> 00:05:12,811 - Hmm? - Nothing more. 120 00:05:12,855 --> 00:05:14,247 And what do you want to happen? 121 00:05:14,291 --> 00:05:18,339 I don't know. But I do know that today is about you. 122 00:05:18,382 --> 00:05:20,776 So how are you feeling -about your testimony? -Good. 123 00:05:20,819 --> 00:05:23,169 I can't thank you enough for all your help 124 00:05:23,213 --> 00:05:24,693 -these last two weeks. -Have you spoken to Benner yet? 125 00:05:24,736 --> 00:05:26,477 No. I thought it best to wait. 126 00:05:26,521 --> 00:05:29,001 -But? -I'm just so worried about Nikki. 127 00:05:29,045 --> 00:05:30,307 I know, but just remember that 128 00:05:30,351 --> 00:05:33,919 everything that you are doing is for her. 129 00:05:39,838 --> 00:05:43,538 Pomona? Really, sir? It's only for another week. 130 00:05:43,581 --> 00:05:45,191 Be glad I didn't send you to Lancaster. 131 00:05:45,235 --> 00:05:46,976 -How you holding up? -I mean, truthfully, it's pretty chill, 132 00:05:47,019 --> 00:05:48,760 - You hate it. - I do! 133 00:05:48,804 --> 00:05:50,283 I should be there, helping. 134 00:05:50,327 --> 00:05:53,374 You're a former deputy who trained under McCarthy. 135 00:05:53,417 --> 00:05:56,333 You are also on the witness list. But I'm not testifying. 136 00:05:56,377 --> 00:05:58,553 Until this trial is over, you are not to go near 137 00:05:58,596 --> 00:06:01,773 Lola, Mark, or Sam. Understand? 138 00:06:12,784 --> 00:06:15,091 -You're here. -Not the welcome I was hoping for. 139 00:06:17,659 --> 00:06:18,834 Wasn't expecting that either. 140 00:06:18,877 --> 00:06:20,836 You just surprised me. 141 00:06:20,879 --> 00:06:22,141 I stopped by your office. 142 00:06:22,185 --> 00:06:23,621 They said you took a couple days off. 143 00:06:23,665 --> 00:06:26,015 Yeah. Why didn't you call first? 144 00:06:26,058 --> 00:06:28,060 Well, you haven't exactly been chatty. 145 00:06:28,104 --> 00:06:31,194 This is why you took time off? 146 00:06:31,237 --> 00:06:32,543 Spring cleaning. 147 00:06:32,587 --> 00:06:34,327 - Mm. - Helps me think. 148 00:06:34,371 --> 00:06:36,765 -Come to any decisions? -No. 149 00:06:36,808 --> 00:06:39,550 Then I have a better idea for how to enjoy spring. 150 00:06:39,594 --> 00:06:41,465 Come with me to Rosarito. 151 00:06:43,728 --> 00:06:45,208 Yeah, I-I can't just... 152 00:06:45,251 --> 00:06:46,775 You know, I can't-- 153 00:06:46,818 --> 00:06:48,429 Why Rosarito? 154 00:06:48,472 --> 00:06:50,909 Because it's a beautiful day. 155 00:06:50,953 --> 00:06:52,607 Because I want to spend time with you. 156 00:06:52,650 --> 00:06:54,522 Because...we need to talk. 157 00:06:54,565 --> 00:06:55,523 Well, I-- 158 00:06:55,566 --> 00:06:58,047 Come on, Emily. Take a chance. 159 00:07:10,538 --> 00:07:11,800 Callan. 160 00:07:14,237 --> 00:07:17,109 Omar. -Didn't think you'd come. -Me neither. 161 00:07:17,153 --> 00:07:19,198 Courtrooms -give me the creeps. -I'm glad you made it. 162 00:07:19,242 --> 00:07:22,419 Seeing at least one bad cop face a real trial? 163 00:07:22,463 --> 00:07:24,987 - Better than nothing. All rise. 164 00:07:27,032 --> 00:07:29,948 - Court is back in session. - You may be seated. 165 00:07:29,992 --> 00:07:33,299 Back on the record in The People v. Wayne McCarthy. 166 00:07:33,343 --> 00:07:36,607 Due to COVID protocols, our jury is isolated 167 00:07:36,651 --> 00:07:38,914 and distanced in separate rooms. 168 00:07:38,957 --> 00:07:40,263 Juror number five, can you hear us? 169 00:07:40,306 --> 00:07:42,091 -Yes, Your Honor. -Then let's get started. 170 00:07:42,134 --> 00:07:43,658 Mr. Callan, are the People ready 171 00:07:43,701 --> 00:07:44,789 to call their first witness? 172 00:07:44,833 --> 00:07:46,312 Yes, Your Honor. 173 00:07:47,618 --> 00:07:50,012 People call Lee Lori. 174 00:07:56,627 --> 00:07:58,324 Mr. Lori, are you a former deputy sheriff? 175 00:07:58,368 --> 00:08:00,283 - Objection. Leading. - Sustained. 176 00:08:03,112 --> 00:08:05,897 Sir, what is your former occupation? 177 00:08:05,941 --> 00:08:07,377 - I was a sheriff's deputy. - And when was this? 178 00:08:07,420 --> 00:08:10,119 -From 2014 to 2015. -Who trained you to do that job? 179 00:08:10,162 --> 00:08:12,208 Objection. Assuming facts not in evidence. 180 00:08:12,251 --> 00:08:13,383 Sustained. 181 00:08:15,907 --> 00:08:17,822 When you were a deputy, 182 00:08:17,866 --> 00:08:19,432 did you receive -field training? -Yes. 183 00:08:19,476 --> 00:08:21,522 Do you see your field training officer in court here today? 184 00:08:21,565 --> 00:08:23,393 I do. He's sitting over there. 185 00:08:23,436 --> 00:08:26,309 -Identifying the defendant. -As a deputy, in the course of your duties, 186 00:08:26,352 --> 00:08:28,485 were you ever stationed at Men's Central Jail? 187 00:08:28,529 --> 00:08:30,313 Yeah. It's a time -I'd like to forget. -Please tell the court why. 188 00:08:30,356 --> 00:08:32,750 When an inmate was injured by another deputy, 189 00:08:32,794 --> 00:08:34,883 McCarthy told me to cover it up. 190 00:08:34,926 --> 00:08:36,885 When I pushed back, he ran me off the force 191 00:08:36,928 --> 00:08:38,408 and made it impossible for me to find another job. 192 00:08:38,451 --> 00:08:40,497 Objection. Foundation. Move to have stricken. 193 00:08:40,541 --> 00:08:43,021 Your Honor, this is vital and admissible testimony. 194 00:08:43,065 --> 00:08:46,111 The answer is stricken. 195 00:08:50,028 --> 00:08:52,161 It's bad enough dealing with Cuthbert objecting 196 00:08:52,204 --> 00:08:55,817 every time Mark asks a question, -but him throwing me daggers? -Because she's so scared 197 00:08:55,860 --> 00:08:56,992 she's gonna look biased toward me, 198 00:08:57,035 --> 00:08:58,471 she keeps ruling in Cuthbert's favor. 199 00:08:58,515 --> 00:08:59,603 I knew this was a bad idea. 200 00:08:59,647 --> 00:09:01,779 He needs me to bounce things off of 201 00:09:01,823 --> 00:09:03,825 and not being able to talk to him, it's all so... 202 00:09:03,868 --> 00:09:05,130 Frustrating. There's no way I can win 203 00:09:05,174 --> 00:09:07,132 if I have to go up against Lola and Cuthbert. 204 00:09:07,176 --> 00:09:08,351 Send Mark the picture of Bailey 205 00:09:08,394 --> 00:09:09,700 in the honeybee onesie that he bought her. 206 00:09:09,744 --> 00:09:11,180 Okay, consider it done. 207 00:09:11,223 --> 00:09:12,660 If that little girl doesn't calm him down, 208 00:09:12,703 --> 00:09:14,226 I don't know what will. 209 00:09:14,270 --> 00:09:17,578 And what about you? What's gonna calm you down? 210 00:09:27,196 --> 00:09:29,067 Miss Castillo, what was your relationship 211 00:09:29,111 --> 00:09:30,634 with the alleged victim, Nikki Gessner? 212 00:09:30,678 --> 00:09:31,853 -I was her tutor. -Can you tell the court what happened 213 00:09:31,896 --> 00:09:34,203 on the day that you called 9-1-1? 214 00:09:34,246 --> 00:09:36,292 We were talking about an essay Nikki had written. 215 00:09:36,335 --> 00:09:37,641 It was really good. 216 00:09:37,685 --> 00:09:39,861 -But the ending worried me. -Why? 217 00:09:39,904 --> 00:09:43,952 She said no matter how good or talented Stacy was, 218 00:09:43,995 --> 00:09:45,475 it was never good enough. 219 00:09:45,518 --> 00:09:47,303 Before I could ask her what it meant, 220 00:09:47,346 --> 00:09:50,045 Mrs. Gessner came into the room and berated-- 221 00:09:50,088 --> 00:09:51,742 - Objection. Narrative. - Sustained. 222 00:09:51,786 --> 00:09:54,310 Ms. Castillo, -just stick to the question. -What happened 223 00:09:54,353 --> 00:09:56,747 that caused your conversation with Nikki to end? 224 00:09:56,791 --> 00:09:57,879 Mrs. Gessner came into the room. 225 00:09:57,922 --> 00:10:00,055 And what, if anything, did she say? 226 00:10:00,098 --> 00:10:02,057 She was upset about a paper Nikki had written, 227 00:10:02,100 --> 00:10:03,885 and that's when Nikki turned off her video, 228 00:10:03,928 --> 00:10:05,669 but I could still hear. - What did you hear? 229 00:10:05,713 --> 00:10:07,628 Mrs. Gessner, yelling. 230 00:10:07,671 --> 00:10:10,326 Then I heard a loud thud. 231 00:10:10,369 --> 00:10:12,023 When I called Nikki on Zoom the next day 232 00:10:12,067 --> 00:10:14,069 to see if she was okay, 233 00:10:14,112 --> 00:10:16,245 she had a big red welt on her arm. 234 00:10:16,288 --> 00:10:17,812 Your Honor, I ask the Court to mark 235 00:10:17,855 --> 00:10:19,770 as People's Exhibit 3, a police photograph 236 00:10:19,814 --> 00:10:22,686 of what appears to be a bruise on the alleged victim's arm. 237 00:10:23,992 --> 00:10:25,820 Does this photo accurately depict the injury 238 00:10:25,863 --> 00:10:27,691 that you saw on Nikki's arm? - Yes. 239 00:10:27,735 --> 00:10:29,345 Did she tell you what happened? 240 00:10:29,388 --> 00:10:31,956 -She fell. -Your Honor, I have 12 sets of medical records, 241 00:10:32,000 --> 00:10:33,697 all received with affidavits 242 00:10:33,741 --> 00:10:35,656 dated from 2013 until the current day 243 00:10:35,699 --> 00:10:37,875 indicating 12 different times 244 00:10:37,919 --> 00:10:39,921 Nikki Gessner was treated for injuries. 245 00:10:39,964 --> 00:10:42,837 All 12 times, the reason that's stated? 246 00:10:42,880 --> 00:10:44,708 - She fell. - So marked. 247 00:10:58,548 --> 00:10:59,375 You got a life preserver in there? 248 00:10:59,418 --> 00:11:01,029 I enjoy being prepared. 249 00:11:01,072 --> 00:11:02,552 Everything's gonna be okay. 250 00:11:06,425 --> 00:11:09,690 So, you want to tell me what we're doing in Rosarito? 251 00:11:09,733 --> 00:11:12,214 A mother waiting for her 9-year-old daughter. 252 00:11:12,257 --> 00:11:13,824 I thought it was time you see 253 00:11:13,868 --> 00:11:16,044 what it is I do, firsthand. 254 00:11:19,308 --> 00:11:20,788 Mr. Lori. 255 00:11:20,831 --> 00:11:22,833 You left the -Sheriff's Department, yes or no? Yes. 256 00:11:22,877 --> 00:11:25,183 And no other law agency would hire you, is that correct? 257 00:11:25,227 --> 00:11:26,576 - Yes. - So isn't it fair to say 258 00:11:26,619 --> 00:11:28,230 that the only reason you're here today 259 00:11:28,273 --> 00:11:30,362 is because you can't get over the fact that you were fired? 260 00:11:30,406 --> 00:11:31,712 - Objection. Argumentative. - Sustained. 261 00:11:31,755 --> 00:11:32,756 How many excessive force complaints 262 00:11:32,800 --> 00:11:34,627 have been filed against you, sir? 263 00:11:34,671 --> 00:11:37,761 - I don't know. - I do. Six. 264 00:11:37,805 --> 00:11:40,851 Along with racist comments, harassment, misconduct-- 265 00:11:40,895 --> 00:11:43,114 Objection. Counsel is not testifying here. 266 00:11:43,158 --> 00:11:44,986 This is improper impeachment and assumes facts. 267 00:11:45,029 --> 00:11:47,031 Sustained. Ms. Cuthbert? 268 00:11:51,906 --> 00:11:54,038 I have no further questions, Your Honor. 269 00:11:56,258 --> 00:11:58,956 Mr. Lori, you may step down. 270 00:11:59,000 --> 00:12:00,871 We will resume after lunch. 271 00:12:11,447 --> 00:12:13,710 Now I get why they call you Cutthroat. 272 00:12:21,413 --> 00:12:25,548 Hey. I just realized, the night I was shot? 273 00:12:25,591 --> 00:12:26,636 McCarthy was there. 274 00:12:26,679 --> 00:12:28,029 Why didn't you tell me this before? 275 00:12:28,072 --> 00:12:29,813 I didn't know it was him. 276 00:12:29,857 --> 00:12:31,902 -And you're positive? -I'll never forget 277 00:12:31,946 --> 00:12:33,948 that bastard's voice as long as I live. 278 00:12:47,788 --> 00:12:49,964 Sir. 279 00:12:50,007 --> 00:12:51,269 New information has come to light 280 00:12:51,313 --> 00:12:52,836 about the night Omar Aziz was shot. 281 00:12:52,880 --> 00:12:55,273 We learned that there was another officer on the scene 282 00:12:55,317 --> 00:12:57,580 who helped Rashel cover-- McCarthy. 283 00:12:57,623 --> 00:13:00,670 - Can you prove it? - With Rashel's testimony. 284 00:13:00,713 --> 00:13:02,454 If Mark can get him on the stand, 285 00:13:02,498 --> 00:13:05,544 -he'll get Rashel to admit it. -I think it's best if we just stick 286 00:13:05,588 --> 00:13:08,547 with the four other witnesses you have...or call Aziz. 287 00:13:08,591 --> 00:13:10,375 Omar Aziz was in and out of consciousness. 288 00:13:10,419 --> 00:13:12,160 He never actually saw anyone. 289 00:13:12,203 --> 00:13:14,292 Pete Rashel was there. He's the only person 290 00:13:14,336 --> 00:13:16,686 who can place McCarthy at the scene of the crime. 291 00:13:18,253 --> 00:13:19,863 It's worth a shot. 292 00:13:19,907 --> 00:13:22,300 Yeah. 293 00:13:22,344 --> 00:13:24,868 Good luck. I hope you're right. 294 00:13:33,746 --> 00:13:34,747 I'm proud of you. 295 00:13:34,791 --> 00:13:36,793 So many people aren't brave enough 296 00:13:36,837 --> 00:13:38,229 to stand up for children. 297 00:13:38,273 --> 00:13:39,709 I don't know if I'd call it brave. 298 00:13:39,752 --> 00:13:42,059 I'm just trying to do the right thing 299 00:13:42,103 --> 00:13:45,323 for Nikki, Grandpa. 300 00:13:45,367 --> 00:13:47,456 Oh, no. It's Nikki. 301 00:13:47,499 --> 00:13:48,936 What should I do? I--I'm not-- 302 00:13:48,979 --> 00:13:50,241 I'm not supposed to talk to her. 303 00:13:50,285 --> 00:13:51,852 -I mean, should I answer? -Could she be in trouble? 304 00:13:51,895 --> 00:13:55,333 [ chimes ] Nikki. Is everything okay? 305 00:13:55,377 --> 00:13:58,119 I hate you! You've ruined my life! 306 00:13:58,162 --> 00:13:59,860 You just don't understand. 307 00:13:59,903 --> 00:14:01,426 She didn't mean anything by it. 308 00:14:01,470 --> 00:14:03,080 - She just gets mad sometimes. - Nikki... 309 00:14:03,124 --> 00:14:05,343 you don't have to make excuses for her any longer, okay? 310 00:14:05,387 --> 00:14:07,215 They want me to testify. I can't. 311 00:14:07,258 --> 00:14:09,043 Do you want your mom to get better? Yes. 312 00:14:09,086 --> 00:14:11,872 Then you need to testify and tell the truth. 313 00:14:11,915 --> 00:14:15,832 No! I can't. She'll get mad. 314 00:14:17,051 --> 00:14:18,400 Give her time. She'll realize 315 00:14:18,443 --> 00:14:20,445 you're just trying to do what's best for her. 316 00:14:23,187 --> 00:14:24,362 They were separated last year 317 00:14:24,406 --> 00:14:26,364 when they tried to cross the U.S. border. 318 00:14:26,408 --> 00:14:27,975 It's taken us months, a lot of money, 319 00:14:28,018 --> 00:14:29,933 and a whole legal team to get this child out of ICE custody. 320 00:14:29,977 --> 00:14:31,935 Child? I thought--I thought we were here for the mom. 321 00:14:31,979 --> 00:14:34,198 Kids in cages isn't just a hashtag. 322 00:14:34,242 --> 00:14:35,808 Usually parents are deported, 323 00:14:35,852 --> 00:14:38,507 and the kids are left behind in the States. 324 00:14:42,424 --> 00:14:44,643 I'm here to pick up Bella Flores. 325 00:14:44,687 --> 00:14:46,863 Paperwork? 326 00:14:46,907 --> 00:14:48,604 -Give me a second. -Thank you. 327 00:14:50,432 --> 00:14:52,956 Bella's been here for over a year 328 00:14:53,000 --> 00:14:55,567 while her mother's deported back to Mexico. 329 00:14:59,267 --> 00:15:00,094 Bella... 330 00:15:20,157 --> 00:15:22,377 Alma. 331 00:15:22,420 --> 00:15:23,944 Uh... 332 00:15:54,539 --> 00:15:55,976 Nos vemos pronto. 333 00:15:56,019 --> 00:15:58,152 Thank you. 334 00:15:58,195 --> 00:15:59,022 Okay? 335 00:16:00,545 --> 00:16:01,459 - Lista? - Sí. 336 00:16:01,503 --> 00:16:02,678 Okay! 337 00:16:04,897 --> 00:16:06,508 - Thank you, Emily. - Okay. 338 00:16:06,551 --> 00:16:08,075 Thank you. 339 00:16:11,034 --> 00:16:13,297 How often did you talk to Nikki? 340 00:16:13,341 --> 00:16:15,038 Two or three times a week. 341 00:16:15,082 --> 00:16:16,561 I was tutoring her in many subjects. 342 00:16:16,605 --> 00:16:18,041 - Was it always by Zoom? - Usually. 343 00:16:18,085 --> 00:16:19,738 Sometimes if I were out, Nikki would call me. 344 00:16:19,782 --> 00:16:21,610 Does Nikki ever get upset with you? 345 00:16:21,653 --> 00:16:24,308 No. Not that I can recall. 346 00:16:24,352 --> 00:16:26,397 - Though, today she was-- - Today? 347 00:16:26,441 --> 00:16:28,356 You spoke with Nikki today? 348 00:16:28,399 --> 00:16:30,749 I--yes. 349 00:16:30,793 --> 00:16:32,273 Well, she-- she called, and I-I was worried that-- 350 00:16:32,316 --> 00:16:33,883 Ms. Castillo, you were given 351 00:16:33,926 --> 00:16:36,799 a direct order by this Court to have no contact 352 00:16:36,842 --> 00:16:38,931 with the alleged victim until this trial was over. 353 00:16:38,975 --> 00:16:41,064 -Yes, Your Honor. -And you're saying, for the record, 354 00:16:41,108 --> 00:16:43,719 that you had direct contact with the alleged victim just today? 355 00:16:43,762 --> 00:16:46,852 Yes, Your Honor. I--I'm sorry. 356 00:16:46,896 --> 00:16:48,985 This is in direct violation. The Defense requests sanctions. 357 00:16:49,029 --> 00:16:50,552 The People disagree. Unless there's a showing 358 00:16:50,595 --> 00:16:52,641 of improper influence--Enough, you two. 359 00:16:52,684 --> 00:16:55,209 I'm not gonna spend any time on a contempt hearing 360 00:16:55,252 --> 00:16:58,038 about what Ms. Castillo did or did not say to Miss Gessner. 361 00:16:58,081 --> 00:16:59,996 But she is in violation of the Court's order, 362 00:17:00,040 --> 00:17:02,955 and I'll take a request for sanctions under submission. 363 00:17:04,479 --> 00:17:06,133 What were you thinking? 364 00:17:06,176 --> 00:17:07,960 I just wanted to help. 365 00:17:08,004 --> 00:17:09,310 Nikki's going through a lot right now. 366 00:17:09,353 --> 00:17:10,485 She will go through a hell of a lot more 367 00:17:10,528 --> 00:17:12,008 if we lose this thing. Sara, 368 00:17:12,052 --> 00:17:13,792 you are my star witness. 369 00:17:13,836 --> 00:17:15,838 If Delgado disregards your testimony, we're done. 370 00:17:15,881 --> 00:17:20,103 -Well, you still have Nikki. -Who is a hostile witness and refusing to testify. 371 00:17:20,147 --> 00:17:21,539 I can't. 372 00:17:34,987 --> 00:17:37,077 Mr. Rashel, why are you in Kern State Prison? 373 00:17:37,120 --> 00:17:38,774 -Assault with a firearm. -That was for the shooting 374 00:17:38,817 --> 00:17:40,819 of Omar Aziz on March 6, 2012. 375 00:17:40,863 --> 00:17:42,647 -Yes. -Would you please tell the court why 376 00:17:42,691 --> 00:17:45,911 you shot Mr. Aziz? I was a rookie. I got a call that a prowler 377 00:17:45,955 --> 00:17:47,174 had been spotted on the premises. 378 00:17:47,217 --> 00:17:48,653 He was carrying a gun. 379 00:17:48,697 --> 00:17:51,221 He came out of nowhere and I reacted. 380 00:17:51,265 --> 00:17:54,746 Is it true that you planted a gun at the scene? Yes. 381 00:17:54,790 --> 00:17:55,878 Once I realized my mistake, 382 00:17:55,921 --> 00:17:57,488 I didn't want to get in trouble. 383 00:17:57,532 --> 00:17:59,360 - Were you trained to do that? - Objection. Relevance. 384 00:17:59,403 --> 00:18:02,014 Sustained as phrased. Lay a foundation, please. 385 00:18:02,058 --> 00:18:03,364 Mr. Rashel, do you see 386 00:18:03,407 --> 00:18:04,974 your field training deputy in court here today? 387 00:18:05,017 --> 00:18:06,280 -Deputy McCarthy. Identifying the defendant. 388 00:18:06,323 --> 00:18:09,370 Did the defendant teach you how to plant evidence? 389 00:18:09,413 --> 00:18:10,936 - Same objection. - Overruled. 390 00:18:10,980 --> 00:18:12,155 You may answer the question. 391 00:18:12,199 --> 00:18:15,071 Um...uh... 392 00:18:15,115 --> 00:18:16,638 I don't recall. 393 00:18:16,681 --> 00:18:18,205 Did you speak with Mr. McCarthy 394 00:18:18,248 --> 00:18:20,381 after you shot Omar Aziz -that night? -Objection. 395 00:18:20,424 --> 00:18:23,775 I have not received any statements to this effect. 396 00:18:23,819 --> 00:18:25,647 If Counsel knows something that I do not, 397 00:18:25,690 --> 00:18:27,518 he has not turned it over. 398 00:18:27,562 --> 00:18:29,041 If not, this is a fishing expedition. 399 00:18:29,085 --> 00:18:30,260 -Mr. Callan. -Your Honor, everything has been disclosed. 400 00:18:30,304 --> 00:18:31,653 The objection is overruled. 401 00:18:31,696 --> 00:18:33,002 Mr. Rashel, was Deputy Wayne McCarthy 402 00:18:33,045 --> 00:18:36,832 present at the crime scene on March 6th, 2012? 403 00:18:43,230 --> 00:18:45,014 I don't recall. 404 00:19:10,387 --> 00:19:12,737 -What are you doing? -I know what happened with Rashel and Lori. 405 00:19:12,781 --> 00:19:14,043 - Put me on the stand. - No. 406 00:19:14,086 --> 00:19:15,784 -You don't have a choice. -It's my case. Yes, I do. 407 00:19:15,827 --> 00:19:17,307 This is not about you. It's about me, 408 00:19:17,351 --> 00:19:19,440 -my chance to make amends. -Luke, if you testify 409 00:19:19,483 --> 00:19:22,007 that you falsified evidence, you could lose your job. 410 00:19:22,051 --> 00:19:25,402 And if I don't, McCarthy wins. 411 00:19:26,969 --> 00:19:29,232 -I'll find another way. -Everyone else on that list 412 00:19:29,276 --> 00:19:31,930 is gonna follow rank and say, "I don't recall." 413 00:19:31,974 --> 00:19:33,584 I'm not intimidated by McCarthy. 414 00:19:33,628 --> 00:19:36,239 Let me help you take him down. 415 00:19:49,861 --> 00:19:52,951 You weren't supposed -to be here. -I can't-- 416 00:19:52,995 --> 00:19:55,127 We can't keep living like this. 417 00:19:55,171 --> 00:19:56,955 - What are we doing? - I don't know. 418 00:19:58,870 --> 00:20:01,133 - I miss you. - Amy... 419 00:20:02,439 --> 00:20:04,180 You look so tired. 420 00:20:07,531 --> 00:20:09,185 How you holding up? 421 00:20:12,362 --> 00:20:13,798 Luke wants to testify. 422 00:20:13,842 --> 00:20:16,061 What are you gonna do? 423 00:20:18,673 --> 00:20:21,458 I'm just gonna, uh... get my bag. 424 00:20:23,199 --> 00:20:25,810 Leave. 425 00:20:34,732 --> 00:20:37,866 Good night, Bella. 426 00:20:37,909 --> 00:20:41,391 Do you know any songs? My mommy always sang to me. 427 00:20:41,435 --> 00:20:43,698 You know who has the most wonderful voice? 428 00:20:43,741 --> 00:20:45,787 Who? 429 00:20:47,136 --> 00:20:49,312 Joaquin, would you sing to me? Please? 430 00:20:49,356 --> 00:20:51,009 Yes, please, Joaquin? 431 00:20:51,053 --> 00:20:52,576 - If you insist. - Oh, we do. 432 00:20:52,620 --> 00:20:54,056 Don't we? Mm-hmm. 433 00:21:01,106 --> 00:21:04,153 ♪ Eres mi sol, mi único sol ♪ 434 00:21:04,196 --> 00:21:08,462 ♪ Me haces feliz cuando el cielo es gris ♪ 435 00:21:08,505 --> 00:21:12,335 ♪ Nunca sabrás cuanto yo te amo ♪ 436 00:21:12,379 --> 00:21:16,165 ♪ Así que, Bella, no dejes de brillar ♪ 437 00:21:22,476 --> 00:21:25,043 That was beautiful. 438 00:21:27,437 --> 00:21:28,482 You're beautiful. 439 00:21:32,399 --> 00:21:35,402 It's Sam. Sorry. 440 00:21:35,445 --> 00:21:36,751 - Sam. - Hey. 441 00:21:36,794 --> 00:21:39,101 - We need to talk...about Luke. - Right now? 442 00:21:39,144 --> 00:21:40,232 Mark just called. 443 00:21:40,276 --> 00:21:41,756 Luke's gonna testify against McCarthy. 444 00:21:41,799 --> 00:21:43,279 What?! Why? 445 00:21:43,323 --> 00:21:45,586 He thinks it'll help Mark win. 446 00:21:45,629 --> 00:21:47,414 Please talk to him. 447 00:21:47,457 --> 00:21:50,373 Stop him from throwing away his career. He'll listen to you. 448 00:21:53,942 --> 00:21:55,291 You okay? 449 00:21:55,335 --> 00:21:56,945 It's Luke. He's about to ruin his entire career. 450 00:21:56,988 --> 00:21:58,642 I'm sorry. I need to call him. 451 00:21:58,686 --> 00:22:00,644 He's my friend, you know. I-I would do it for you. 452 00:22:00,688 --> 00:22:01,732 Of course. 453 00:22:12,961 --> 00:22:16,268 -Hey, Em. -What is this crazy talk I hear about you taking the stand? 454 00:22:16,312 --> 00:22:17,966 - Crazy is as crazy does. - Don't joke. 455 00:22:18,009 --> 00:22:20,272 You can't do this. Em, everything you're getting ready to say 456 00:22:20,316 --> 00:22:22,710 I've already heard from Choi, 457 00:22:22,753 --> 00:22:25,800 Mark, Sam, and my cousin Terrell. 458 00:22:25,843 --> 00:22:28,585 Then why aren't you listening? 459 00:22:28,629 --> 00:22:32,415 Please, Luke. Your life's work is at stake, 460 00:22:32,459 --> 00:22:35,244 everything that you have sacrificed for, 461 00:22:35,287 --> 00:22:37,115 all of the years of hard work 462 00:22:37,159 --> 00:22:39,640 just gone, and for what? 463 00:22:39,683 --> 00:22:42,077 This is for me. 464 00:22:42,120 --> 00:22:44,688 But... I appreciate your concern 465 00:22:44,732 --> 00:22:46,124 and kinda love that you care. 466 00:22:46,168 --> 00:22:47,299 - Luke... - My mind's made up. 467 00:22:47,343 --> 00:22:51,347 Good night, Em. 468 00:23:04,055 --> 00:23:06,275 You are gonna blow his career 469 00:23:06,318 --> 00:23:08,146 -if you call him. -It's not my choice. 470 00:23:08,190 --> 00:23:10,061 You are the one who decides which witnesses to call. 471 00:23:10,105 --> 00:23:11,628 You. Not Luke. 472 00:23:11,672 --> 00:23:13,456 And how is Judge Carmichael gonna react when you do this? 473 00:23:13,500 --> 00:23:16,285 I'm not sure, but either way, I have tried to convince him. 474 00:23:16,328 --> 00:23:17,808 He wants to right a wrong. 475 00:23:17,852 --> 00:23:20,332 His own restorative justice. 476 00:23:28,210 --> 00:23:30,342 Nikki, sitting where you are takes courage. 477 00:23:30,386 --> 00:23:32,475 I'm gonna have to ask you some questions, okay? 478 00:23:32,519 --> 00:23:33,694 Can you tell us a little bit 479 00:23:33,737 --> 00:23:36,000 about your mom's moods on an average day? 480 00:23:36,044 --> 00:23:39,134 She, um, gets stressed out a lot. 481 00:23:39,177 --> 00:23:40,962 Her job's, like, really hard. 482 00:23:41,005 --> 00:23:43,747 When do you remember first noticing she was stressed out?3, I think. 483 00:23:43,791 --> 00:23:46,707 It got worse when my dad died. I was 6. 484 00:23:46,750 --> 00:23:47,751 And how's it been this last year? 485 00:23:47,795 --> 00:23:49,840 She screams more and stuff, 486 00:23:49,884 --> 00:23:51,015 like, if she had a bad day. 487 00:23:51,059 --> 00:23:52,887 And what is the "stuff"? 488 00:23:54,628 --> 00:23:56,238 Does the stuff involve hitting you? 489 00:24:02,679 --> 00:24:05,073 Nikki, please answer the question. 490 00:24:06,466 --> 00:24:08,772 -A little, I guess. -When she hits you, is it hard? 491 00:24:08,816 --> 00:24:11,427 - I don't know. - Does it hurt? 492 00:24:14,778 --> 00:24:16,388 Sometimes. 493 00:24:18,303 --> 00:24:19,870 No further questions, Your Honor. 494 00:24:25,267 --> 00:24:27,051 Nikki... 495 00:24:27,095 --> 00:24:28,705 do you believe that moms get mad sometimes? 496 00:24:28,749 --> 00:24:30,664 - Yeah. - I do, too. 497 00:24:30,707 --> 00:24:33,231 'Cause I'm a mom, and I get mad. 498 00:24:33,275 --> 00:24:35,407 Do you know what the word "discipline" means? 499 00:24:35,451 --> 00:24:38,454 When your parents punish you to teach you a lesson? 500 00:24:38,498 --> 00:24:41,239 Yes. Is it possible 501 00:24:41,283 --> 00:24:45,853 that you're confusing discipline with abuse? 502 00:24:47,158 --> 00:24:48,203 Yeah, maybe. 503 00:24:48,246 --> 00:24:49,813 No further questions, Your Honor. 504 00:24:49,857 --> 00:24:52,599 Would the People like to redirect? 505 00:24:52,642 --> 00:24:54,296 Yes, Your Honor. 506 00:24:57,255 --> 00:24:59,649 Nikki, many children receive discipline. 507 00:24:59,693 --> 00:25:01,042 My parents disciplined me. 508 00:25:01,085 --> 00:25:02,391 They would put me in a time-out, 509 00:25:02,434 --> 00:25:03,610 or take away a toy. 510 00:25:03,653 --> 00:25:06,569 Nikki, do you know the definition of abuse? 511 00:25:06,613 --> 00:25:07,875 To hurt somebody? 512 00:25:07,918 --> 00:25:12,923 Yes. To treat a person with cruelty or violence 513 00:25:12,967 --> 00:25:15,665 regularly or repeatedly. 514 00:25:20,975 --> 00:25:23,368 Nikki. 515 00:25:23,412 --> 00:25:25,327 Ms. Figueroa? 516 00:25:25,370 --> 00:25:27,111 When your kid gets a "C" 517 00:25:27,155 --> 00:25:30,637 or forgets to take out the trash, 518 00:25:30,680 --> 00:25:33,248 do you, like, hit her? 519 00:25:35,337 --> 00:25:38,819 Nikki, only the lawyers can ask questions, 520 00:25:38,862 --> 00:25:42,126 and the witnesses can answer. 521 00:25:42,170 --> 00:25:43,258 Nikki... 522 00:25:43,301 --> 00:25:45,303 earlier you said you love your mother, 523 00:25:45,347 --> 00:25:47,741 and you believe that she loves you too, correct? 524 00:25:47,784 --> 00:25:49,307 - Yeah. - Do you think that maybe 525 00:25:49,351 --> 00:25:52,397 your mom needs a little bit of help 526 00:25:52,441 --> 00:25:55,270 learning how to show her love in a better way? 527 00:25:55,313 --> 00:26:00,231 A way that doesn't involve hurting you regularly? 528 00:26:04,627 --> 00:26:06,890 Nikki, you were saying yes 529 00:26:06,934 --> 00:26:08,979 in answering that question, correct? 530 00:26:09,023 --> 00:26:10,807 Yes. 531 00:26:13,723 --> 00:26:16,160 No more questions. 532 00:26:24,691 --> 00:26:26,780 All rise. 533 00:26:31,698 --> 00:26:32,829 You may be seated. 534 00:26:35,223 --> 00:26:37,486 Every fiber of my judicial being 535 00:26:37,529 --> 00:26:39,183 is dreading seeing Luke up on that stand. 536 00:26:39,227 --> 00:26:41,490 I know. You're gonna be okay. 537 00:26:41,533 --> 00:26:42,665 Let's hope. 538 00:26:44,406 --> 00:26:47,235 People, you may call -your next witness. -Thank you, Your Honor. 539 00:26:47,278 --> 00:26:49,411 The People call Luke Watkins to the stand. 540 00:26:55,243 --> 00:26:56,505 Please raise your right hand. 541 00:26:58,115 --> 00:27:00,074 Do you solemnly swear the testimony you may give 542 00:27:00,117 --> 00:27:01,423 before this court shall be the truth, 543 00:27:01,466 --> 00:27:02,859 the whole truth and nothing but the truth, 544 00:27:02,903 --> 00:27:04,905 -so help you God? -I do. 545 00:27:12,173 --> 00:27:13,827 Mr. Watkins, what is your current occupation? 546 00:27:13,870 --> 00:27:15,176 I am a deputy district attorney 547 00:27:15,219 --> 00:27:16,438 for the County of Los Angeles. 548 00:27:16,481 --> 00:27:17,744 And what was your former occupation? 549 00:27:17,787 --> 00:27:18,919 I was an L.A. County Sheriff's Deputy. 550 00:27:18,962 --> 00:27:20,311 Do you see your field training deputy 551 00:27:20,355 --> 00:27:22,096 in court here today? - Yes, I do. 552 00:27:22,139 --> 00:27:23,184 Sitting at the defense table. 553 00:27:23,227 --> 00:27:24,794 Identifying the defendant. 554 00:27:24,838 --> 00:27:26,448 When defendant McCarthy was training you, 555 00:27:26,491 --> 00:27:28,450 what did he say was the most important thing? 556 00:27:28,493 --> 00:27:31,758 Protect our own first, then the people. 557 00:27:31,801 --> 00:27:32,933 And what did you understand that to mean? 558 00:27:32,976 --> 00:27:34,412 - Objection. Irrelevance. - Overruled. 559 00:27:34,456 --> 00:27:36,153 Oh, so when it's one of her little cubs, 560 00:27:36,197 --> 00:27:38,199 I get cut off at the knees. - Ms. Cuthbert. 561 00:27:38,242 --> 00:27:39,766 -Yes? -Is there something you care to share with the Court? 562 00:27:39,809 --> 00:27:41,376 No. No. 563 00:27:41,419 --> 00:27:42,986 Mr. Watkins, you may continue. 564 00:27:43,030 --> 00:27:46,381 McCarthy's motto means to protect our family, 565 00:27:46,424 --> 00:27:47,991 his sons, first. 566 00:27:48,035 --> 00:27:50,298 Did you receive immunity to testify here today? 567 00:27:51,734 --> 00:27:53,214 No, I did not. 568 00:27:53,257 --> 00:27:54,868 Marking as People's Exhibit 10, 569 00:27:54,911 --> 00:27:57,566 a November 1, 2016, incident report 570 00:27:57,609 --> 00:27:59,742 filed by the Los Angeles County Sheriff's Department. 571 00:27:59,786 --> 00:28:02,614 Sir, did you write -and sign this report? -Yes, I did. 572 00:28:02,658 --> 00:28:04,616 Did anything happen there with defendant McCarthy? 573 00:28:04,660 --> 00:28:06,880 I was responding to a 211 robbery. 574 00:28:06,923 --> 00:28:09,621 I was in the other room and heard a gunshot. 575 00:28:09,665 --> 00:28:11,754 - A deputy yelled, "Gun!" - Did you see the perpetrator 576 00:28:11,798 --> 00:28:13,582 in possession of a firearm? - No, I did not. 577 00:28:13,625 --> 00:28:14,757 And yet in the police report, 578 00:28:14,801 --> 00:28:16,541 you indicated that you saw this man 579 00:28:16,585 --> 00:28:19,022 with a gun in his hand. 580 00:28:23,244 --> 00:28:24,898 - Yes, I did. - Why? 581 00:28:24,941 --> 00:28:26,987 Deputy McCarthy told me that's what happened. 582 00:28:27,030 --> 00:28:29,598 I trusted him. He was my training officer 583 00:28:29,641 --> 00:28:31,774 and my mentor, so I wrote it on the report 584 00:28:31,818 --> 00:28:32,862 as he told me to. 585 00:28:32,906 --> 00:28:34,037 No further questions, Your Honor. 586 00:28:34,081 --> 00:28:35,647 Ms. Cuthbert, your witness. 587 00:28:35,691 --> 00:28:37,606 Mr. Watkins, what time did you speak 588 00:28:37,649 --> 00:28:40,304 with Deputy McCarthy about the incident? 589 00:28:40,348 --> 00:28:42,785 I don't know the exact time. That day, per protocol. 590 00:28:42,829 --> 00:28:44,613 Well, the report was filed at 8:15 a.m., 591 00:28:44,656 --> 00:28:46,310 so to the best of your recollection, 592 00:28:46,354 --> 00:28:48,399 what time did you speak with Deputy McCarthy? 593 00:28:48,443 --> 00:28:49,923 - Before I signed it. - But you just conveniently 594 00:28:49,966 --> 00:28:51,315 can't remember the time? 595 00:28:51,359 --> 00:28:53,491 A good little type-A soldier like you? I doubt it. 596 00:28:53,535 --> 00:28:55,058 - Objection. Argumentative. - Sustained. 597 00:28:55,102 --> 00:28:56,103 Ms. Cuthbert, watch your tongue. 598 00:28:56,146 --> 00:28:57,800 You filed a report before speaking 599 00:28:57,844 --> 00:28:59,106 with Deputy McCarthy. 600 00:28:59,149 --> 00:29:00,890 The truth is, you're here just to cover up 601 00:29:00,934 --> 00:29:03,806 -your little oopsie. -Objection. Assumes facts not in evidence. 602 00:29:03,850 --> 00:29:05,895 Sustained. Ms. Cuthbert, I am warning you. 603 00:29:05,939 --> 00:29:08,071 Mr. Watkins, isn't it true that you were 604 00:29:08,115 --> 00:29:10,465 the bailiff for Judge Carmichael? 605 00:29:10,508 --> 00:29:14,382 Enough, Counsel! In my chambers, now. 606 00:29:17,820 --> 00:29:20,823 All right, DDA Callan has waived his right to be here. 607 00:29:20,867 --> 00:29:22,042 - Thank you, Sherri. - I apologize 608 00:29:22,085 --> 00:29:23,304 for my sharp tongue. 609 00:29:23,347 --> 00:29:25,088 I do not apologize for doing my job. 610 00:29:25,132 --> 00:29:26,655 Nor should you, but this is about 611 00:29:26,698 --> 00:29:28,657 your blatant disrespect for me and the witness. 612 00:29:28,700 --> 00:29:30,702 Fine, what about your blatant disrespect for me 613 00:29:30,746 --> 00:29:32,792 and the officers I defend, -the good ones? -Ms. Cuthbert, 614 00:29:32,835 --> 00:29:34,706 I doubt we would be in one of the largest 615 00:29:34,750 --> 00:29:36,534 civil rights movements in history if there were 616 00:29:36,578 --> 00:29:38,449 an abundance of these "good ones" you speak of. 617 00:29:38,493 --> 00:29:39,842 You don't understand the toll it takes. 618 00:29:39,886 --> 00:29:43,063 I have seen too many marriages and livers destroyed 619 00:29:43,106 --> 00:29:44,934 -to serve and protect us. -Define "us." 620 00:29:44,978 --> 00:29:47,545 Because the "us" I know is not being protected. 621 00:29:47,589 --> 00:29:48,938 There are some, just like there are 622 00:29:48,982 --> 00:29:50,940 some corrupt judges, -I imagine. -A corrupt judge 623 00:29:50,984 --> 00:29:53,551 does not murder and then hide behind their union. 624 00:29:53,595 --> 00:29:56,946 A judge doesn't need a union, just a robe. 625 00:29:56,990 --> 00:29:58,121 I'm curious to see what kind of judge 626 00:29:58,165 --> 00:29:59,209 you're going to be in a few years 627 00:29:59,253 --> 00:30:01,168 when you're not so wet behind the ears 628 00:30:01,211 --> 00:30:04,345 and have learned the rules of the game. 629 00:30:04,388 --> 00:30:06,651 A split second to decide... 630 00:30:06,695 --> 00:30:09,176 whether it's my life or yours is not a lot of time. 631 00:30:09,219 --> 00:30:10,568 I protect the good ones. McCarthy's a good one. 632 00:30:10,612 --> 00:30:13,963 Save it for your closing, Ms. Cuthbert. 633 00:30:19,795 --> 00:30:21,928 Facing a father figure on the other side of justice 634 00:30:21,971 --> 00:30:23,930 is no small feat. I remember. 635 00:30:23,973 --> 00:30:25,453 Thank you. 636 00:30:26,715 --> 00:30:28,586 -I gave it all I had. -And the jury felt that. 637 00:30:28,630 --> 00:30:31,154 Luke's tug on their heartstrings means McCarthy 638 00:30:31,198 --> 00:30:33,113 will only be more desperate to charm them. 639 00:30:33,156 --> 00:30:35,028 I know McCarthy helped Pete Rashel. 640 00:30:35,071 --> 00:30:36,594 I trust Omar. I trust my gut. 641 00:30:36,638 --> 00:30:38,031 Omar never mentioned anyone else, 642 00:30:38,074 --> 00:30:39,293 so you didn't look for anyone else. 643 00:30:39,336 --> 00:30:40,424 Okay, so then there's gotta be evidence 644 00:30:40,468 --> 00:30:42,252 -that McCarthy was there. -I'll look again. 645 00:30:42,296 --> 00:30:46,343 - We are so close. - Being close doesn't close. 646 00:30:48,824 --> 00:30:51,000 You gotta nail McCarthy in his heart. 647 00:30:51,044 --> 00:30:52,784 - How? - Family's his Achilles' heel. 648 00:30:52,828 --> 00:30:55,352 Two wives down, kids don't talk to him. 649 00:30:55,396 --> 00:30:59,052 Sheriff deputies are the only family that he's got left. 650 00:31:02,055 --> 00:31:04,057 Okay, Mama. 651 00:31:05,493 --> 00:31:07,582 Okay. 652 00:31:15,982 --> 00:31:17,679 Alma? 653 00:31:23,163 --> 00:31:25,643 Hey, don't worry. She's coming. 654 00:31:25,687 --> 00:31:27,080 Okay? 655 00:31:31,954 --> 00:31:34,739 - Isabella? - Hey, Mama! 656 00:32:06,815 --> 00:32:09,078 Oh, so I'm nice and she's the cool one? 657 00:32:09,122 --> 00:32:10,950 - Well, duh. - Emily? 658 00:32:10,993 --> 00:32:12,342 Will you still be my friends? 659 00:32:18,261 --> 00:32:20,916 Okay? 660 00:32:45,071 --> 00:32:49,858 Okay, wait. 661 00:32:49,901 --> 00:32:51,599 Check out that time. 662 00:32:57,866 --> 00:32:59,650 Took him four minutes to call dispatch. 663 00:32:59,694 --> 00:33:01,043 - Plenty of time-- - To call McCarthy. 664 00:33:01,087 --> 00:33:03,045 You didn't get it from Rashel, 665 00:33:03,089 --> 00:33:04,568 so you have to get it from McCarthy. 666 00:33:04,612 --> 00:33:06,048 Yes, sir. 667 00:33:08,616 --> 00:33:10,661 - - No pressure, Callan. 668 00:33:10,705 --> 00:33:13,012 It's McCarthy or bust. 669 00:33:14,491 --> 00:33:17,712 The Court finds the defendant guilty of count one, 670 00:33:17,755 --> 00:33:20,323 a violation of Penal Code 273. 671 00:33:20,367 --> 00:33:23,196 Ms. Gessner, you will be placed on 48 months of probation 672 00:33:23,239 --> 00:33:26,199 and complete one year of approved parenting classes. 673 00:33:26,242 --> 00:33:27,896 Oh, my God. 674 00:33:27,939 --> 00:33:29,419 This cannot be happening. 675 00:33:29,463 --> 00:33:33,728 Ms. Gessner, you have the opportunity 676 00:33:33,771 --> 00:33:36,731 to end a cycle of violence and generational trauma 677 00:33:36,774 --> 00:33:39,038 for your daughter and perhaps even her daughters. 678 00:33:39,081 --> 00:33:40,648 - Do you understand? - I do, Your Honor. 679 00:33:40,691 --> 00:33:42,693 Before Nikki is removed from the care 680 00:33:42,737 --> 00:33:45,131 of her aunt and uncle and placed back in your care, 681 00:33:45,174 --> 00:33:47,263 you will return to this courtroom 682 00:33:47,307 --> 00:33:49,091 and prove that you are a fit mother. 683 00:33:49,135 --> 00:33:51,050 Yes, Your Honor. 684 00:33:51,093 --> 00:33:53,574 We are adjourned. 685 00:34:14,856 --> 00:34:16,466 Sara. 686 00:34:16,510 --> 00:34:18,512 This could not-- it would not 687 00:34:18,555 --> 00:34:21,297 -have happened without you. -Or you. 688 00:34:21,341 --> 00:34:23,778 I knew Nikki would take to you. Who wouldn't? 689 00:34:23,821 --> 00:34:27,738 God, you have been lugging that thing around. 690 00:34:27,782 --> 00:34:29,392 Just do it. 691 00:34:30,611 --> 00:34:34,615 It's Mark's lucky pen, 692 00:34:34,658 --> 00:34:35,964 bite marks and all. 693 00:34:36,007 --> 00:34:37,835 Very sweet. 694 00:34:37,879 --> 00:34:39,489 Kind of. 695 00:34:39,533 --> 00:34:41,361 Congratulations. 696 00:34:45,713 --> 00:34:47,758 Sara, you saved Nikki. 697 00:34:48,890 --> 00:34:50,370 Thank you. 698 00:34:52,067 --> 00:34:55,244 It felt different to help, 699 00:34:55,288 --> 00:34:57,551 not just type. I... 700 00:34:57,594 --> 00:34:59,205 had a voice. 701 00:35:01,946 --> 00:35:06,255 I think I might want some time to figure some stuff out. 702 00:35:06,299 --> 00:35:08,692 You deserve it. 703 00:35:08,736 --> 00:35:10,738 Take what you need. 704 00:35:25,144 --> 00:35:26,406 And why do you do this job? 705 00:35:26,449 --> 00:35:28,364 It's a sacrifice I choose 706 00:35:28,408 --> 00:35:30,366 to make my community a better place. 707 00:35:30,410 --> 00:35:32,542 Ms. Cuthbert, if I weren't sitting here 708 00:35:32,586 --> 00:35:35,893 impuissant, in this squander of time and tax dollars, 709 00:35:35,937 --> 00:35:38,853 -tonight I could be of service. -Objection. Your Honor, he's clearly 710 00:35:38,896 --> 00:35:40,246 trying to engender sympathy with the jury. 711 00:35:40,289 --> 00:35:42,248 Let him have his say, Counsel. It is for the jury 712 00:35:42,291 --> 00:35:45,599 to judge the credibility of the witness. 713 00:35:45,642 --> 00:35:47,253 Continue, Deputy McCarthy. 714 00:35:47,296 --> 00:35:49,603 Well, I'm simply saying, Your Honor, 715 00:35:49,646 --> 00:35:51,953 that I do what I do to protect 716 00:35:51,996 --> 00:35:57,350 your mother, your sister, brother, or father. 717 00:35:57,393 --> 00:35:58,612 No further questions, Your Honor. 718 00:35:58,655 --> 00:36:01,180 - Cross-examination? - Thank you, Your Honor. 719 00:36:01,223 --> 00:36:03,443 Mr. McCarthy, these young deputies, 720 00:36:03,486 --> 00:36:06,141 they're like family to you? - Absolutely. They're my sons. 721 00:36:06,185 --> 00:36:07,447 You protect them -over the public. -No. 722 00:36:07,490 --> 00:36:09,013 Protecting them is protecting the public. 723 00:36:09,057 --> 00:36:10,754 Sure, there are rules and laws, 724 00:36:10,798 --> 00:36:13,148 but above all else, you protect your "sons" 725 00:36:13,192 --> 00:36:14,889 and you teach them to protect one another, is that right? 726 00:36:14,932 --> 00:36:17,979 -Yes. -Who wins, Mr. McCarthy, when protecting your sons 727 00:36:18,022 --> 00:36:19,459 goes against protecting the public? 728 00:36:19,502 --> 00:36:21,635 You protect your sons, right? You protect the line. 729 00:36:21,678 --> 00:36:23,506 'Cause you'd do anything for them. 730 00:36:23,550 --> 00:36:25,204 -That's what you said, right? -You ever hear the death wail, Callan? 731 00:36:25,247 --> 00:36:26,640 I'm not the one on trial, -Mr. McCarthy. -No, you have not. 732 00:36:26,683 --> 00:36:29,686 You never forget it. You can't. 733 00:36:29,730 --> 00:36:31,732 I remember each and every one-- 734 00:36:31,775 --> 00:36:34,169 Their pitch, how guttural. 735 00:36:34,213 --> 00:36:35,866 The name they call for. 736 00:36:35,910 --> 00:36:38,217 Because I'm the one who knocks on your door 737 00:36:38,260 --> 00:36:40,262 when it's your girlfriend. 738 00:36:40,306 --> 00:36:42,612 You crumble into my arms. 739 00:36:44,135 --> 00:36:46,225 So I teach my sons how to protect themselves 740 00:36:46,268 --> 00:36:48,923 because we protect you, Mr. Callan. 741 00:36:48,966 --> 00:36:51,099 And it's not real until it is you. 742 00:36:51,142 --> 00:36:54,842 My boys need a father who can teach them 743 00:36:54,885 --> 00:36:56,191 how to stay alive. 744 00:36:56,235 --> 00:36:58,498 And you're just the man for the job, right? 745 00:36:58,541 --> 00:37:00,369 'Cause they're your family. They're your sons. 746 00:37:00,413 --> 00:37:02,284 - Are they your real family? - That's what I said. 747 00:37:02,328 --> 00:37:03,590 Or your only family left? 748 00:37:03,633 --> 00:37:05,069 Not your two ex-wives or your children, 749 00:37:05,113 --> 00:37:06,070 Michaela and Chris, who don't want to have 750 00:37:06,114 --> 00:37:07,507 -anything to do with you? -Objection. 751 00:37:07,550 --> 00:37:08,899 Question withdrawn, Your Honor. 752 00:37:08,943 --> 00:37:10,379 One final question for you, Mr. McCarthy. 753 00:37:10,423 --> 00:37:12,512 On the night that Omar Aziz was shot, 754 00:37:12,555 --> 00:37:15,863 did you receive a call -from Peter Rashel? -Yes, I did. 755 00:37:15,906 --> 00:37:18,866 He--He was scared. I calmed him down. 756 00:37:18,909 --> 00:37:20,650 Did you then meet former Deputy Rashel 757 00:37:20,694 --> 00:37:23,305 at the scene of the crime? 758 00:37:23,349 --> 00:37:25,220 Yes, I did. 759 00:37:25,264 --> 00:37:27,875 Then why is there no record of you having ever been there? 760 00:37:27,918 --> 00:37:30,356 I offered my support and then had a... 761 00:37:30,399 --> 00:37:34,229 -personal matter to tend to. -You left. 762 00:37:34,273 --> 00:37:36,013 If you're such a great father, 763 00:37:36,057 --> 00:37:38,059 why would you leave one of your sons, 764 00:37:38,102 --> 00:37:39,713 a young deputy, in way over his head 765 00:37:39,756 --> 00:37:42,368 with only you to protect him, when all he needed was you 766 00:37:42,411 --> 00:37:44,195 in his corner? - Objection. Argumentative. 767 00:37:44,239 --> 00:37:46,807 -Overruled. -You said you would do anything for one of your sons 768 00:37:46,850 --> 00:37:48,591 and yet you are such a failure of a father 769 00:37:48,635 --> 00:37:50,027 that when this young man needed you the most, 770 00:37:50,071 --> 00:37:51,942 you were nowhere to be found. Is that correct? 771 00:37:51,986 --> 00:37:54,031 - Objection, argumentative! - Or were you there for him, 772 00:37:54,075 --> 00:37:55,642 to protect him as a father? 773 00:37:55,685 --> 00:37:57,992 Of course I protected him. He needed me. 774 00:37:58,035 --> 00:37:59,515 Did you protect Peter Rashel 775 00:37:59,559 --> 00:38:01,648 by instructing him exactly how to cover up 776 00:38:01,691 --> 00:38:04,346 -the shooting of Omar Aziz? -Do not answer that. 777 00:38:04,390 --> 00:38:05,521 Did you protect Pete Rashel 778 00:38:05,565 --> 00:38:07,044 by instructing him exactly how to cover up 779 00:38:07,088 --> 00:38:10,178 -the shooting of Omar Aziz? -Do not answer that question. 780 00:38:10,221 --> 00:38:11,310 Did you instruct him how to cover up-- 781 00:38:11,353 --> 00:38:14,530 What do you think? 782 00:38:16,227 --> 00:38:19,100 No further questions, Your Honor. 783 00:38:26,281 --> 00:38:28,196 Has the jury reached a verdict? 784 00:38:28,239 --> 00:38:29,284 We have, Your Honor. 785 00:38:29,328 --> 00:38:31,895 Will the defendant please rise? 786 00:38:31,939 --> 00:38:34,985 "Superior Court of California, County of Los Angeles, 787 00:38:35,029 --> 00:38:36,465 "we the jury find the defendant 788 00:38:36,509 --> 00:38:39,294 guilty of the crime of conspiracy to obstruct justice." 789 00:38:47,433 --> 00:38:48,825 Ladies and gentlemen of the jury, 790 00:38:48,869 --> 00:38:51,698 thank you for your service. You are dismissed. 791 00:38:51,741 --> 00:38:54,701 Deputy McCarthy, you abused your badge 792 00:38:54,744 --> 00:38:57,704 and used it as a weapon of privilege, 793 00:38:57,747 --> 00:38:59,967 thinking you were entitled to break the law 794 00:39:00,010 --> 00:39:02,143 because the truth is, you carry no respect for it. 795 00:39:02,186 --> 00:39:04,232 Furthermore, you abused your position 796 00:39:04,275 --> 00:39:06,713 as a mentor and father figure 797 00:39:06,756 --> 00:39:09,411 to impressionable deputies who looked up to you, 798 00:39:09,455 --> 00:39:11,587 who trusted you with their lives. 799 00:39:11,631 --> 00:39:15,548 You bent them to your will, you led them astray, 800 00:39:15,591 --> 00:39:17,724 ruining many of them 801 00:39:17,767 --> 00:39:22,555 and perpetuating a cycle of corrupt police culture. 802 00:39:22,598 --> 00:39:24,861 You have been found guilty of Count One. 803 00:39:24,905 --> 00:39:27,690 Now the law only permits that I sentence you 804 00:39:27,734 --> 00:39:30,127 to the maximum of three years in state prison, 805 00:39:30,171 --> 00:39:31,912 and that will be your sentence. 806 00:39:31,955 --> 00:39:37,439 Bailiff, please take Mr. McCarthy into custody. 807 00:39:37,483 --> 00:39:39,267 Court is adjourned. 808 00:39:48,711 --> 00:39:51,627 - We will be back. - And I'll be here, waiting. 809 00:39:59,156 --> 00:40:00,462 Thank you. 810 00:40:16,739 --> 00:40:19,960 You must be starving. I definitely am. 811 00:40:20,003 --> 00:40:22,919 -I could order us something. -I gotta finish cleaning. 812 00:40:22,963 --> 00:40:25,487 Because someone had to come sweep me off my feet. 813 00:40:25,531 --> 00:40:26,575 Someone thinks maybe you liked it. 814 00:40:26,619 --> 00:40:28,795 Very much. 815 00:40:28,838 --> 00:40:30,449 Thank you. 816 00:40:31,406 --> 00:40:36,498 One of the side effects of how I work is tunnel vision. 817 00:40:36,542 --> 00:40:39,719 You have shown me how much bigger my world can be. 818 00:40:39,762 --> 00:40:42,504 Maybe there's a place for you in it, with me. 819 00:40:42,548 --> 00:40:44,463 You're certainly moving the needle. 820 00:40:48,379 --> 00:40:49,511 Mm. 821 00:40:54,560 --> 00:40:56,605 -Sara. -Go on. 822 00:41:01,958 --> 00:41:03,177 Hi. 823 00:41:03,220 --> 00:41:05,875 - Hi. Got a minute? - Yeah, of course. 824 00:41:05,919 --> 00:41:06,833 I'll call you, okay? 825 00:41:06,876 --> 00:41:08,051 Oh, wow. Am I interrupting? 826 00:41:08,095 --> 00:41:09,662 Never. 827 00:41:09,705 --> 00:41:11,533 No, how-- how did everything go? 828 00:41:11,577 --> 00:41:13,927 Ooh. 829 00:41:15,015 --> 00:41:17,670 Voted LA's finest sparkling cider! 830 00:41:17,713 --> 00:41:20,020 Boy. Man, you're breastfeeding. 831 00:41:20,063 --> 00:41:23,197 -Can't be chugging bottles. -Who said anything about chugging? 832 00:41:23,240 --> 00:41:25,460 - Bam! - Oh! No! 833 00:41:25,504 --> 00:41:29,682 I will be sipping 834 00:41:29,725 --> 00:41:32,641 on this fine champagne as will you. 835 00:41:32,685 --> 00:41:35,339 And you will have three glasses... Mm-hmm. 836 00:41:35,383 --> 00:41:39,256 ...and I will have one, and I will drive you home. 837 00:41:42,390 --> 00:41:45,524 Lo, I know I let you down that night. 838 00:41:45,567 --> 00:41:47,438 Mark, it's in the past. I'm not trying to relive it. 839 00:41:49,528 --> 00:41:54,141 This trial was... justice for a lot of people. 840 00:41:54,184 --> 00:41:56,535 But for me it was all about you. 841 00:41:56,578 --> 00:41:58,101 You're my guiding light. 842 00:42:00,626 --> 00:42:03,237 Thank you. 843 00:42:03,280 --> 00:42:05,195 Now tell me about Amy. 844 00:42:06,893 --> 00:42:09,330 We are apparently on a break. 845 00:42:09,373 --> 00:42:12,768 Like, -Ross-and-Rachel break? -You know I'm a "Seinfeld" man. 846 00:42:12,812 --> 00:42:14,727 Don't come at me with that Ross and Rachel nonsense. 847 00:42:14,770 --> 00:42:16,424 - Listen... - Come on, dude. 848 00:42:16,467 --> 00:42:19,732 It's like so indicative of you and Amy's relationship. 849 00:42:19,775 --> 00:42:21,690 ♪ Her name was Lola 850 00:42:21,734 --> 00:42:23,953 ♪ She was a showgirl 851 00:42:23,997 --> 00:42:26,303 ♪ With yellow feathers in her hair ♪ 852 00:42:26,347 --> 00:42:28,305 ♪ And a dress cut down to... Whoa! 853 00:42:28,349 --> 00:42:29,916 Carmichael? 854 00:42:29,959 --> 00:42:31,221 - Give me a minute? - Mm-hmm! 855 00:42:35,443 --> 00:42:36,618 ♪ She would merengue 856 00:42:36,662 --> 00:42:38,968 ♪ And do the cha-- 857 00:42:42,668 --> 00:42:45,758 - Judge Carmichael. - Mr. Sanders. 858 00:42:45,801 --> 00:42:47,586 You were right to be concerned about 859 00:42:47,629 --> 00:42:49,457 your re-election, Carmichael. 860 00:42:49,500 --> 00:42:52,199 The police union is putting someone up against you. 861 00:42:52,242 --> 00:42:53,635 They're coming for your seat. 862 00:43:04,994 --> 00:43:06,822 Stay tuned for scenes from our next episode.