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Previously on "All Rise"...
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00:00:02,980 --> 00:00:04,329
McCarthy would do a cleanup
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00:00:04,373 --> 00:00:05,461
for any trainee who
got caught in the hot seat.
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Why didn't I ever
hear about this?
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Watkins, you signed
a statement for McCarthy
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00:00:08,333 --> 00:00:09,769
when we were fresh out
of the academy.
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- You don't remember?
- Sorry, Sara, I have to go.
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WHITNEY:
You are just driving me crazy!
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[ thud ]
Nikki?
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Whoa, where are you going?
Get back in here!
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- Hey!
- No!
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Lo, Benner named
the presiding judge
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in the McCarthy case.
It's you.
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Omar, this is new evidence.
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This could vacate
your conviction.
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I'd just like my eye
for an eye, please.
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- Mark, I've been trying--
- No, I know you have.
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And the fact that
you're even considering--
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I'm married.
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[ scoffs ]
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♪
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[ Jasmine Ash's "Free" playing ]
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♪
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♪ Uh-oh, uh-oh
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♪
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♪ When all my darkness
comes to light ♪
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[ cellphone buzzing ]
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- Hi.
- Hey.
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I want to swing by tonight
and pick up some clothes.
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Sure.
How's the McCarthy trial?
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- Oh, you know.
- No, I don't.
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We haven't talked much
since you walked out.
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I just need a little time,
Amy, to process things.
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It's not every day
you find out
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the woman you love
is married.
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Nice to hear you still love me.
Can we please talk?
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Yeah, um, just let me
get past this case.
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Listen, I think
it's best if you're
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not there
when I come by tonight.
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♪
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Good luck today.
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♪ All my reasons,
let them die ♪
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[ telephone ringing
in distance ]
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What do you say, Mark,
you ready?
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Pete Rashel
says he won't testify.
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Well, you have plenty
of other witnesses.
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- You don't need Rashel.
- I think we do.
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Rashel's where this all started.
Deep Throat could have sent us
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any of the deputies
on that list. Why him?
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Right now you need to focus on
-Cuthbert and Judge Carmichael.
-Sir?
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Carmichael's going to be leaning
heavily towards the defense
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so she doesn't show
any bias towards you.
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Lola--Judge Carmichael
wouldn't do that, sir.
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-She's a fair judge.
-Who's up for re-election
next year.
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Trust me, Mark,
she's got big fish to fry.
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Are you ready for
McCarthy?
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If Cuthbert puts him
on the stand.
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McCarthy will testify.
Be prepared for McCarthy.
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Sam. Your trial for the child
abuse case starts today.
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- Yes, sir.
- First chair.
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- Congratulations.
- Thank you, sir.
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Good luck.
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Okay, Bravo.
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Like I wasn't freaked out
already.
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- What is that?
- For good luck.
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[ sighs ]
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I should be with you.
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Sam, I never would've
gotten this far without you.
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Come on, first chair?
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Killin' it!
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♪
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Despite what
the prosecution alleges,
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we have no doubt
the truth will prevail
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and show
that Deputy Wayne McCarthy
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is a pillar of this community
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and an upstanding leader
-in the force.
-Are you worried at all
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about having Lola Carmichael
-as the judge?
-We are...
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thrilled that Judge Carmichael
was given this case
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She is so brave
and has overcome so much.
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Just this past year, she was
arrested at a BLM protest
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and came out
completely unscathed.
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No, she did not
just say that.
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I have heard rumors that
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Judge Carmichael and DDA Callan
are buddies,
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and there are those who believe
that she cannot be unbiased.
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We, of course,
-do not feel that way.
-Ha! No, of course not.
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Oh, boy.
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This case has been
absolute hell.
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I can see how
stressed out Mark is,
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and I can't even call him.
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Please send him
a picture of Bailey
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in the papoose
that he bought her.
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And don't even get me
started on Cuthbert.
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That woman is working
my last nerve.
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And McCarthy?!
Sitting up there, day after day,
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so smug, and now she wants
to hold a press conference
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bringing up the protests
and my arrest.
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Even if I could be unbiased,
which I'm not saying I can't,
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because even someone like
McCarthy deserves a fair trial
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but all the same,
I don't even know
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if I can give him
a fair trial. Why, Lisa?
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Why did you do this
to me?
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Cuthbert papered Campbell,
and your court was open.
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Do you want
-to recuse yourself?
-And give Cuthbert
what she wants? No.
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But you could've at least
asked me.
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I am up for re-election,
in case you hadn't heard.
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-It is a jury trial.
-I still have a job to do.
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Yes, but you tend to get more
involved than you need to.
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- Oh, that's not a criticism.
- It sure sounded like one.
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Imagine this trial
as the Super Bowl.
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Mark and Corrine
are the Chicago Bears
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-and Tampa Bay Bucs.
-They're both NFC.
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Whatever.
You know what I'm saying.
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- Not really.
- [ scoffs ]
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Let the players play,
Carmichael,
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and you just be
a great referee.
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♪
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So...two whole days off.
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- [ sighs ] Oh, my God.
- Any plans?
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I have such a long list.
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First, I'm starting
with the kitchen.
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- And then I'm going--
- Ugh! Emily!
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When was the last time
you had any time off?
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-You need to have some fun.
-I am helping you,
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and then I'm spring cleaning,
and that is fun.
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- You heard from Joaquin?
- We've talked,
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but our conversations
have been really strained.
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And Luke?
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We're taking it slow.
He made me dinner.
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- Hmm?
- Nothing more.
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And what do you want
to happen?
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I don't know. But I do know
that today is about you.
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So how are you feeling
-about your testimony?
-Good.
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I can't thank you enough
for all your help
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-these last two weeks.
-Have you spoken
to Benner yet?
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No. I thought
it best to wait.
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-But?
-I'm just so worried
about Nikki.
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I know, but just remember that
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everything that you are doing
is for her.
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[ exhales deeply ]
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♪
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Pomona? Really, sir? It's only for another week.
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Be glad I didn't send you
to Lancaster.
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-How you holding up?
-I mean, truthfully,
it's pretty chill,
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- You hate it.
- I do!
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I should be there, helping.
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You're a former deputy
who trained under McCarthy.
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You are also
on the witness list. But I'm not testifying.
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Until this trial is over,
you are not to go near
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Lola, Mark, or Sam.
Understand?
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[ knock on door ]
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-You're here.
-Not the welcome
I was hoping for.
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Wasn't expecting that
either.
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You just surprised me.
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I stopped by your office.
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They said you took
a couple days off.
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Yeah. Why didn't you
call first?
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Well, you haven't exactly
been chatty.
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This is why
you took time off?
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Spring cleaning.
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- Mm.
- Helps me think.
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-Come to any decisions?
-No.
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Then I have a better idea
for how to enjoy spring.
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Come with me to Rosarito.
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[ scoffs ]
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Yeah, I-I can't just...
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You know, I can't--
[ chuckles ]
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00:06:46,818 --> 00:06:48,429
Why Rosarito?
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Because it's a beautiful day.
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Because I want to
spend time with you.
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Because...we need to talk.
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Well, I--
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Come on, Emily.
Take a chance.
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♪
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[ sighs ]
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Callan.
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Omar.
-Didn't think you'd come.
-Me neither.
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Courtrooms -give me the creeps.
-I'm glad you made it.
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Seeing at least one bad cop
face a real trial?
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- Better than nothing.
- BAILIFF: All rise.
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- Court is back in session.
- You may be seated.
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Back on the record in
The People v. Wayne McCarthy.
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00:07:33,343 --> 00:07:36,607
Due to COVID protocols,
our jury is isolated
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00:07:36,651 --> 00:07:38,914
and distanced
in separate rooms.
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Juror number five,
can you hear us?
186
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-Yes, Your Honor.
-Then let's get started.
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Mr. Callan,
are the People ready
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00:07:43,701 --> 00:07:44,789
to call
their first witness?
189
00:07:44,833 --> 00:07:46,312
Yes, Your Honor.
190
00:07:47,618 --> 00:07:50,012
People call Lee Lori.
191
00:07:56,627 --> 00:07:58,324
Mr. Lori, are you
a former deputy sheriff?
192
00:07:58,368 --> 00:08:00,283
- Objection. Leading.
- Sustained.
193
00:08:03,112 --> 00:08:05,897
Sir, what is
your former occupation?
194
00:08:05,941 --> 00:08:07,377
- I was a sheriff's deputy.
- And when was this?
195
00:08:07,420 --> 00:08:10,119
-From 2014 to 2015.
-Who trained you
to do that job?
196
00:08:10,162 --> 00:08:12,208
Objection. Assuming facts
not in evidence.
197
00:08:12,251 --> 00:08:13,383
Sustained.
198
00:08:15,907 --> 00:08:17,822
When you were a deputy,
199
00:08:17,866 --> 00:08:19,432
did you receive
-field training?
-Yes.
200
00:08:19,476 --> 00:08:21,522
Do you see your field training
officer in court here today?
201
00:08:21,565 --> 00:08:23,393
I do.
He's sitting over there.
202
00:08:23,436 --> 00:08:26,309
-Identifying the defendant.
-As a deputy,
in the course of your duties,
203
00:08:26,352 --> 00:08:28,485
were you ever stationed
at Men's Central Jail?
204
00:08:28,529 --> 00:08:30,313
Yeah. It's a time
-I'd like to forget.
-Please tell the court why.
205
00:08:30,356 --> 00:08:32,750
When an inmate was injured
by another deputy,
206
00:08:32,794 --> 00:08:34,883
McCarthy told me to cover it up.
207
00:08:34,926 --> 00:08:36,885
When I pushed back,
he ran me off the force
208
00:08:36,928 --> 00:08:38,408
and made it impossible for me
to find another job.
209
00:08:38,451 --> 00:08:40,497
Objection. Foundation.
Move to have stricken.
210
00:08:40,541 --> 00:08:43,021
Your Honor, this is vital
and admissible testimony.
211
00:08:43,065 --> 00:08:46,111
The answer is stricken.
212
00:08:46,155 --> 00:08:47,286
[ sighs ]
213
00:08:47,330 --> 00:08:49,985
♪
214
00:08:50,028 --> 00:08:52,161
It's bad enough dealing
with Cuthbert objecting
215
00:08:52,204 --> 00:08:55,817
every time Mark asks a question,
-but him throwing me daggers?
-Because she's so scared
216
00:08:55,860 --> 00:08:56,992
she's gonna look biased
toward me,
217
00:08:57,035 --> 00:08:58,471
she keeps ruling
in Cuthbert's favor.
218
00:08:58,515 --> 00:08:59,603
I knew this was a bad idea.
219
00:08:59,647 --> 00:09:01,779
He needs me
to bounce things off of
220
00:09:01,823 --> 00:09:03,825
and not being able
to talk to him, it's all so...
221
00:09:03,868 --> 00:09:05,130
Frustrating.
There's no way I can win
222
00:09:05,174 --> 00:09:07,132
if I have to go up against
Lola and Cuthbert.
223
00:09:07,176 --> 00:09:08,351
Send Mark the picture
of Bailey
224
00:09:08,394 --> 00:09:09,700
in the honeybee onesie
that he bought her.
225
00:09:09,744 --> 00:09:11,180
Okay, consider it done.
226
00:09:11,223 --> 00:09:12,660
If that little girl
doesn't calm him down,
227
00:09:12,703 --> 00:09:14,226
I don't know what will.
228
00:09:14,270 --> 00:09:17,578
And what about you?
What's gonna calm you down?
229
00:09:17,621 --> 00:09:18,883
♪
230
00:09:18,927 --> 00:09:21,494
[ exhales deeply ]
231
00:09:27,196 --> 00:09:29,067
Miss Castillo, what was
your relationship
232
00:09:29,111 --> 00:09:30,634
with the alleged victim,
Nikki Gessner?
233
00:09:30,678 --> 00:09:31,853
-I was her tutor.
-Can you tell the court
what happened
234
00:09:31,896 --> 00:09:34,203
on the day
that you called 9-1-1?
235
00:09:34,246 --> 00:09:36,292
We were talking about
an essay Nikki had written.
236
00:09:36,335 --> 00:09:37,641
It was really good.
237
00:09:37,685 --> 00:09:39,861
-But the ending worried me.
-Why?
238
00:09:39,904 --> 00:09:43,952
She said no matter how good
or talented Stacy was,
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00:09:43,995 --> 00:09:45,475
it was never good enough.
240
00:09:45,518 --> 00:09:47,303
Before I could ask her
what it meant,
241
00:09:47,346 --> 00:09:50,045
Mrs. Gessner came into
the room and berated--
242
00:09:50,088 --> 00:09:51,742
- Objection. Narrative.
- Sustained.
243
00:09:51,786 --> 00:09:54,310
Ms. Castillo,
-just stick to the question.
-What happened
244
00:09:54,353 --> 00:09:56,747
that caused your conversation
with Nikki to end?
245
00:09:56,791 --> 00:09:57,879
Mrs. Gessner
came into the room.
246
00:09:57,922 --> 00:10:00,055
And what, if anything,
did she say?
247
00:10:00,098 --> 00:10:02,057
She was upset about
a paper Nikki had written,
248
00:10:02,100 --> 00:10:03,885
and that's when Nikki
turned off her video,
249
00:10:03,928 --> 00:10:05,669
but I could still hear.
- What did you hear?
250
00:10:05,713 --> 00:10:07,628
Mrs. Gessner, yelling.
251
00:10:07,671 --> 00:10:10,326
Then I heard a loud thud.
252
00:10:10,369 --> 00:10:12,023
When I called Nikki
on Zoom the next day
253
00:10:12,067 --> 00:10:14,069
to see if she was okay,
254
00:10:14,112 --> 00:10:16,245
she had a big red welt
on her arm.
255
00:10:16,288 --> 00:10:17,812
Your Honor,
I ask the Court to mark
256
00:10:17,855 --> 00:10:19,770
as People's Exhibit 3,
a police photograph
257
00:10:19,814 --> 00:10:22,686
of what appears to be a bruise
on the alleged victim's arm.
258
00:10:22,730 --> 00:10:23,948
[ click ]
259
00:10:23,992 --> 00:10:25,820
Does this photo accurately
depict the injury
260
00:10:25,863 --> 00:10:27,691
that you saw on Nikki's arm?
- Yes.
261
00:10:27,735 --> 00:10:29,345
Did she tell you
what happened?
262
00:10:29,388 --> 00:10:31,956
-She fell.
-Your Honor, I have 12 sets
of medical records,
263
00:10:32,000 --> 00:10:33,697
all received
with affidavits
264
00:10:33,741 --> 00:10:35,656
dated from 2013
until the current day
265
00:10:35,699 --> 00:10:37,875
indicating 12 different times
266
00:10:37,919 --> 00:10:39,921
Nikki Gessner was treated
for injuries.
267
00:10:39,964 --> 00:10:42,837
All 12 times,
the reason that's stated?
268
00:10:42,880 --> 00:10:44,708
- She fell.
- So marked.
269
00:10:44,752 --> 00:10:52,107
♪
270
00:10:52,150 --> 00:10:57,503
[ bags rustling loudly ]
271
00:10:57,547 --> 00:10:58,504
[ chuckles ]
272
00:10:58,548 --> 00:10:59,375
You got a life preserver
in there?
273
00:10:59,418 --> 00:11:01,029
I enjoy being prepared.
274
00:11:01,072 --> 00:11:02,552
Everything's gonna be okay.
275
00:11:04,728 --> 00:11:06,382
[ sighs ]
276
00:11:06,425 --> 00:11:09,690
So, you want to tell me
what we're doing in Rosarito?
277
00:11:09,733 --> 00:11:12,214
A mother waiting
for her 9-year-old daughter.
278
00:11:12,257 --> 00:11:13,824
I thought it was time
you see
279
00:11:13,868 --> 00:11:16,044
what it is I do,
firsthand.
280
00:11:16,087 --> 00:11:19,264
♪
281
00:11:19,308 --> 00:11:20,788
CUTHBERT: Mr. Lori.[ cellphone buzzes ]
282
00:11:20,831 --> 00:11:22,833
You left the
-Sheriff's Department, yes or no?
-LORI: Yes.
283
00:11:22,877 --> 00:11:25,183
And no other law agency would
hire you, is that correct?
284
00:11:25,227 --> 00:11:26,576
- Yes.
- So isn't it fair to say
285
00:11:26,619 --> 00:11:28,230
that the only reason
you're here today
286
00:11:28,273 --> 00:11:30,362
is because you can't get over
the fact that you were fired?
287
00:11:30,406 --> 00:11:31,712
- Objection. Argumentative.
- Sustained.
288
00:11:31,755 --> 00:11:32,756
How many
excessive force complaints
289
00:11:32,800 --> 00:11:34,627
have been filed
against you, sir?
290
00:11:34,671 --> 00:11:37,761
- [ chuckles ] I don't know.
- I do. Six.
291
00:11:37,805 --> 00:11:40,851
Along with racist comments,
harassment, misconduct--
292
00:11:40,895 --> 00:11:43,114
Objection. Counsel is not
testifying here.
293
00:11:43,158 --> 00:11:44,986
This is improper impeachment
and assumes facts.
294
00:11:45,029 --> 00:11:47,031
Sustained. Ms. Cuthbert?
295
00:11:51,906 --> 00:11:54,038
I have no further questions,
Your Honor.
296
00:11:56,258 --> 00:11:58,956
Mr. Lori,
you may step down.
297
00:11:59,000 --> 00:12:00,871
We will resume after lunch.
298
00:12:03,091 --> 00:12:05,484
[ clears throat ]
299
00:12:11,447 --> 00:12:13,710
Now I get why
they call you Cutthroat.
300
00:12:13,754 --> 00:12:15,625
[ chuckles ]
301
00:12:21,413 --> 00:12:25,548
Hey. I just realized,
the night I was shot?
302
00:12:25,591 --> 00:12:26,636
McCarthy was there.
303
00:12:26,679 --> 00:12:28,029
Why didn't you tell me this
before?
304
00:12:28,072 --> 00:12:29,813
I didn't know it was him.
305
00:12:29,857 --> 00:12:31,902
-And you're positive?
-I'll never forget
306
00:12:31,946 --> 00:12:33,948
that bastard's voice
as long as I live.
307
00:12:33,991 --> 00:12:34,600
♪
308
00:12:45,263 --> 00:12:47,744
[ siren wailing in distance ]
309
00:12:47,788 --> 00:12:49,964
[ knock on door ]
Sir.
310
00:12:50,007 --> 00:12:51,269
New information
has come to light
311
00:12:51,313 --> 00:12:52,836
about the night
Omar Aziz was shot.
312
00:12:52,880 --> 00:12:55,273
We learned that there was
another officer on the scene
313
00:12:55,317 --> 00:12:57,580
who helped Rashel cover--
McCarthy.
314
00:12:57,623 --> 00:13:00,670
- Can you prove it?
- With Rashel's testimony.
315
00:13:00,713 --> 00:13:02,454
If Mark can get him
on the stand,
316
00:13:02,498 --> 00:13:05,544
-he'll get Rashel to admit it.
-I think it's best
if we just stick
317
00:13:05,588 --> 00:13:08,547
with the four other witnesses
you have...or call Aziz.
318
00:13:08,591 --> 00:13:10,375
Omar Aziz was in and out
of consciousness.
319
00:13:10,419 --> 00:13:12,160
He never actually saw anyone.
320
00:13:12,203 --> 00:13:14,292
Pete Rashel was there.
He's the only person
321
00:13:14,336 --> 00:13:16,686
who can place McCarthy
at the scene of the crime.
322
00:13:18,253 --> 00:13:19,863
It's worth a shot.
323
00:13:19,907 --> 00:13:22,300
Yeah.
324
00:13:22,344 --> 00:13:24,868
Good luck.
I hope you're right.
325
00:13:24,912 --> 00:13:33,703
♪
326
00:13:33,746 --> 00:13:34,747
I'm proud of you.
327
00:13:34,791 --> 00:13:36,793
So many people aren't
brave enough
328
00:13:36,837 --> 00:13:38,229
to stand up for children.
329
00:13:38,273 --> 00:13:39,709
I don't know
if I'd call it brave.
330
00:13:39,752 --> 00:13:42,059
I'm just trying to do
the right thing
331
00:13:42,103 --> 00:13:45,323
for Nikki, Grandpa.[ cellphone rings ]
332
00:13:45,367 --> 00:13:47,456
Oh, no. It's Nikki.[ ring ]
333
00:13:47,499 --> 00:13:48,936
What should I do?
I--I'm not--
334
00:13:48,979 --> 00:13:50,241
I'm not supposed
to talk to her.
335
00:13:50,285 --> 00:13:51,852
-I mean, should I answer?
-Could she be in trouble?
336
00:13:51,895 --> 00:13:55,333
[ chimes ][ sighs ] Nikki.
Is everything okay?
337
00:13:55,377 --> 00:13:58,119
I hate you!
You've ruined my life!
338
00:13:58,162 --> 00:13:59,860
You just don't understand.
339
00:13:59,903 --> 00:14:01,426
She didn't mean
anything by it.
340
00:14:01,470 --> 00:14:03,080
- She just gets mad sometimes.
- Nikki...
341
00:14:03,124 --> 00:14:05,343
you don't have to make excuses
for her any longer, okay?
342
00:14:05,387 --> 00:14:07,215
They want me to testify.
I can't.
343
00:14:07,258 --> 00:14:09,043
Do you want your mom
to get better? Yes.
344
00:14:09,086 --> 00:14:11,872
Then you need to testify
and tell the truth.
345
00:14:11,915 --> 00:14:15,832
No! I can't. She'll get mad.[ chimes ]
346
00:14:15,876 --> 00:14:17,007
[ sighs ]
347
00:14:17,051 --> 00:14:18,400
Give her time.
She'll realize
348
00:14:18,443 --> 00:14:20,445
you're just trying to do
what's best for her.
349
00:14:20,489 --> 00:14:23,144
[ sighs ]
350
00:14:23,187 --> 00:14:24,362
They were separated last year
351
00:14:24,406 --> 00:14:26,364
when they tried to cross
the U.S. border.
352
00:14:26,408 --> 00:14:27,975
It's taken us months,
a lot of money,
353
00:14:28,018 --> 00:14:29,933
and a whole legal team to get
this child out of ICE custody.
354
00:14:29,977 --> 00:14:31,935
Child? I thought--I thought
we were here for the mom.
355
00:14:31,979 --> 00:14:34,198
Kids in cages
isn't just a hashtag.
356
00:14:34,242 --> 00:14:35,808
Usually parents
are deported,
357
00:14:35,852 --> 00:14:38,507
and the kids are
left behind in the States.
358
00:14:38,550 --> 00:14:42,380
[ indistinct conversations ]
359
00:14:42,424 --> 00:14:44,643
I'm here to pick up
Bella Flores.
360
00:14:44,687 --> 00:14:46,863
Paperwork?
361
00:14:46,907 --> 00:14:48,604
-Give me a second.
-Thank you.
362
00:14:50,432 --> 00:14:52,956
Bella's been here
for over a year
363
00:14:53,000 --> 00:14:55,567
while her mother's deported
back to Mexico.
364
00:14:55,611 --> 00:14:59,223
[ male speaking Spanish
over P.A. ]
365
00:14:59,267 --> 00:15:00,094
Bella...
366
00:15:00,137 --> 00:15:02,574
[ speaking Spanish ]
367
00:15:18,939 --> 00:15:20,114
[ beeps ]
368
00:15:20,157 --> 00:15:22,377
Alma.
369
00:15:22,420 --> 00:15:23,944
[ line ringing ]
Uh...
370
00:15:25,641 --> 00:15:28,992
[ speaking Spanish ]
371
00:15:30,820 --> 00:15:32,996
[ speaking Spanish over line ]
372
00:15:54,539 --> 00:15:55,976
ALMA: Nos vemos pronto.
373
00:15:56,019 --> 00:15:58,152
[ cellphone beeps ]
Thank you.
374
00:15:58,195 --> 00:15:59,022
Okay?
375
00:16:00,545 --> 00:16:01,459
- Lista?
- Sí.
376
00:16:01,503 --> 00:16:02,678
Okay!
377
00:16:02,721 --> 00:16:04,854
[ speaking Spanish ]
378
00:16:04,897 --> 00:16:06,508
- Thank you, Emily.
- Okay.
379
00:16:06,551 --> 00:16:08,075
Thank you.
380
00:16:08,118 --> 00:16:10,991
♪
381
00:16:11,034 --> 00:16:13,297
How often did you
talk to Nikki?
382
00:16:13,341 --> 00:16:15,038
Two or three times a week.
383
00:16:15,082 --> 00:16:16,561
I was tutoring her
in many subjects.
384
00:16:16,605 --> 00:16:18,041
- Was it always by Zoom?
- Usually.
385
00:16:18,085 --> 00:16:19,738
Sometimes if I were out,
Nikki would call me.
386
00:16:19,782 --> 00:16:21,610
Does Nikki ever get
upset with you?
387
00:16:21,653 --> 00:16:24,308
No. Not that I can recall.
388
00:16:24,352 --> 00:16:26,397
- Though, today she was--
- Today?
389
00:16:26,441 --> 00:16:28,356
You spoke with Nikki today?
390
00:16:28,399 --> 00:16:30,749
I--yes.
391
00:16:30,793 --> 00:16:32,273
Well, she-- she called,
and I-I was worried that--
392
00:16:32,316 --> 00:16:33,883
Ms. Castillo, you were given
393
00:16:33,926 --> 00:16:36,799
a direct order by this Court
to have no contact
394
00:16:36,842 --> 00:16:38,931
with the alleged victim
until this trial was over.
395
00:16:38,975 --> 00:16:41,064
-Yes, Your Honor.
-And you're saying,
for the record,
396
00:16:41,108 --> 00:16:43,719
that you had direct contact with
the alleged victim just today?
397
00:16:43,762 --> 00:16:46,852
Yes, Your Honor.
I--I'm sorry.
398
00:16:46,896 --> 00:16:48,985
This is in direct violation.
The Defense requests sanctions.
399
00:16:49,029 --> 00:16:50,552
The People disagree.
Unless there's a showing
400
00:16:50,595 --> 00:16:52,641
of improper influence--Enough, you two.
401
00:16:52,684 --> 00:16:55,209
I'm not gonna spend any time
on a contempt hearing
402
00:16:55,252 --> 00:16:58,038
about what Ms. Castillo did
or did not say to Miss Gessner.
403
00:16:58,081 --> 00:16:59,996
But she is in violation
of the Court's order,
404
00:17:00,040 --> 00:17:02,955
and I'll take a request
for sanctions under submission.
405
00:17:04,479 --> 00:17:06,133
What were you thinking?
406
00:17:06,176 --> 00:17:07,960
I just wanted to help.
407
00:17:08,004 --> 00:17:09,310
Nikki's going through
a lot right now.
408
00:17:09,353 --> 00:17:10,485
She will go through
a hell of a lot more
409
00:17:10,528 --> 00:17:12,008
if we lose this thing.
Sara,
410
00:17:12,052 --> 00:17:13,792
you are my star witness.
411
00:17:13,836 --> 00:17:15,838
If Delgado disregards
your testimony, we're done.
412
00:17:15,881 --> 00:17:20,103
-Well, you still have Nikki.
-Who is a hostile witness
and refusing to testify.
413
00:17:20,147 --> 00:17:21,539
I can't.
414
00:17:24,151 --> 00:17:32,855
♪
415
00:17:34,987 --> 00:17:37,077
Mr. Rashel, why are you
in Kern State Prison?
416
00:17:37,120 --> 00:17:38,774
-Assault with a firearm.
-That was for the shooting
417
00:17:38,817 --> 00:17:40,819
of Omar Aziz
on March 6, 2012.
418
00:17:40,863 --> 00:17:42,647
-Yes.
-Would you please
tell the court why
419
00:17:42,691 --> 00:17:45,911
you shot Mr. Aziz? I was a rookie.
I got a call that a prowler
420
00:17:45,955 --> 00:17:47,174
had been spotted
on the premises.
421
00:17:47,217 --> 00:17:48,653
He was carrying a gun.
422
00:17:48,697 --> 00:17:51,221
He came out of nowhere
and I reacted.
423
00:17:51,265 --> 00:17:54,746
Is it true that you
planted a gun at the scene? Yes.
424
00:17:54,790 --> 00:17:55,878
Once I realized my mistake,
425
00:17:55,921 --> 00:17:57,488
I didn't want
to get in trouble.
426
00:17:57,532 --> 00:17:59,360
- Were you trained to do that?
- Objection. Relevance.
427
00:17:59,403 --> 00:18:02,014
Sustained as phrased.
Lay a foundation, please.
428
00:18:02,058 --> 00:18:03,364
Mr. Rashel, do you see
429
00:18:03,407 --> 00:18:04,974
your field training deputy
in court here today?
430
00:18:05,017 --> 00:18:06,280
-Deputy McCarthy.
-CARMICHAEL:
Identifying the defendant.
431
00:18:06,323 --> 00:18:09,370
Did the defendant teach you
how to plant evidence?
432
00:18:09,413 --> 00:18:10,936
- Same objection.
- Overruled.
433
00:18:10,980 --> 00:18:12,155
You may answer the question.
434
00:18:12,199 --> 00:18:15,071
Um...uh...
435
00:18:15,115 --> 00:18:16,638
I don't recall.
436
00:18:16,681 --> 00:18:18,205
Did you speak with Mr. McCarthy
437
00:18:18,248 --> 00:18:20,381
after you shot Omar Aziz
-that night?
-Objection.
438
00:18:20,424 --> 00:18:23,775
I have not received any
statements to this effect.
439
00:18:23,819 --> 00:18:25,647
If Counsel knows something
that I do not,
440
00:18:25,690 --> 00:18:27,518
he has not turned it over.
441
00:18:27,562 --> 00:18:29,041
If not, this is
a fishing expedition.
442
00:18:29,085 --> 00:18:30,260
-Mr. Callan.
-Your Honor, everything
has been disclosed.
443
00:18:30,304 --> 00:18:31,653
The objection is overruled.
444
00:18:31,696 --> 00:18:33,002
Mr. Rashel,
was Deputy Wayne McCarthy
445
00:18:33,045 --> 00:18:36,832
present at the crime scene
on March 6th, 2012?
446
00:18:43,230 --> 00:18:45,014
I don't recall.
447
00:18:46,276 --> 00:18:52,152
♪
448
00:18:59,550 --> 00:19:00,812
[ sighs ]
449
00:19:05,948 --> 00:19:08,603
[ sighs ]
450
00:19:10,387 --> 00:19:12,737
-What are you doing?
-I know what happened
with Rashel and Lori.
451
00:19:12,781 --> 00:19:14,043
- Put me on the stand.
- No.
452
00:19:14,086 --> 00:19:15,784
-You don't have a choice.
-It's my case. Yes, I do.
453
00:19:15,827 --> 00:19:17,307
This is not about you.
It's about me,
454
00:19:17,351 --> 00:19:19,440
-my chance to make amends.
-Luke, if you testify
455
00:19:19,483 --> 00:19:22,007
that you falsified evidence,
you could lose your job.
456
00:19:22,051 --> 00:19:25,402
And if I don't,
McCarthy wins.[ sighs ]
457
00:19:25,446 --> 00:19:26,925
[ dog barking in distance ]
458
00:19:26,969 --> 00:19:29,232
-I'll find another way.
-Everyone else on that list
459
00:19:29,276 --> 00:19:31,930
is gonna follow rank
and say, "I don't recall."
460
00:19:31,974 --> 00:19:33,584
I'm not intimidated
by McCarthy.
461
00:19:33,628 --> 00:19:36,239
Let me help you
take him down.
462
00:19:36,283 --> 00:19:37,327
[ sighs ]
463
00:19:49,861 --> 00:19:52,951
You weren't supposed
-to be here.
-I can't--
464
00:19:52,995 --> 00:19:55,127
We can't keep
living like this.
465
00:19:55,171 --> 00:19:56,955
- What are we doing?
- I don't know.
466
00:19:58,870 --> 00:20:01,133
- I miss you.
- Amy...
467
00:20:01,177 --> 00:20:02,396
[ sighs ]
468
00:20:02,439 --> 00:20:04,180
You look so tired.
469
00:20:04,224 --> 00:20:05,790
[ scoffs ]
470
00:20:07,531 --> 00:20:09,185
How you holding up?
471
00:20:12,362 --> 00:20:13,798
Luke wants to testify.
472
00:20:13,842 --> 00:20:16,061
What are you gonna do?
473
00:20:18,673 --> 00:20:21,458
I'm just gonna, uh...
get my bag.
474
00:20:23,199 --> 00:20:25,810
Leave.
475
00:20:32,556 --> 00:20:33,470
[ bag unzips ]
476
00:20:33,514 --> 00:20:34,689
[ sighs ]
477
00:20:34,732 --> 00:20:37,866
Good night, Bella.
478
00:20:37,909 --> 00:20:41,391
Do you know any songs?
My mommy always sang to me.
479
00:20:41,435 --> 00:20:43,698
You know who has
the most wonderful voice?
480
00:20:43,741 --> 00:20:45,787
Who?
481
00:20:45,830 --> 00:20:47,092
[ chuckles ]
482
00:20:47,136 --> 00:20:49,312
Joaquin, would you
sing to me? Please?
483
00:20:49,356 --> 00:20:51,009
Yes, please, Joaquin?
484
00:20:51,053 --> 00:20:52,576
- If you insist.
- Oh, we do.
485
00:20:52,620 --> 00:20:54,056
Don't we? Mm-hmm.
486
00:20:54,099 --> 00:20:56,101
[ Bella and Joaquin chuckle ]
487
00:21:01,106 --> 00:21:04,153
♪ Eres mi sol,
mi único sol ♪
488
00:21:04,196 --> 00:21:08,462
♪ Me haces feliz
cuando el cielo es gris ♪
489
00:21:08,505 --> 00:21:12,335
♪ Nunca sabrás cuanto
yo te amo ♪
490
00:21:12,379 --> 00:21:16,165
♪ Así que, Bella,
no dejes de brillar ♪
491
00:21:16,208 --> 00:21:18,167
[ chuckles ]
492
00:21:20,822 --> 00:21:22,432
[ click ]
493
00:21:22,476 --> 00:21:25,043
That was beautiful.
494
00:21:27,437 --> 00:21:28,482
You're beautiful.
495
00:21:30,484 --> 00:21:32,355
[ cellphone rings ]
496
00:21:32,399 --> 00:21:35,402
It's Sam. Sorry.
497
00:21:35,445 --> 00:21:36,751
- Sam.
- Hey.
498
00:21:36,794 --> 00:21:39,101
- We need to talk...about Luke.
- Right now?
499
00:21:39,144 --> 00:21:40,232
Mark just called.
500
00:21:40,276 --> 00:21:41,756
Luke's gonna testify
against McCarthy.
501
00:21:41,799 --> 00:21:43,279
What?! Why?
502
00:21:43,323 --> 00:21:45,586
He thinks
it'll help Mark win.
503
00:21:45,629 --> 00:21:47,414
Please talk to him.
504
00:21:47,457 --> 00:21:50,373
Stop him from throwing away
his career. He'll listen to you.
505
00:21:50,417 --> 00:21:52,506
[ stammers, sighs ]
506
00:21:53,942 --> 00:21:55,291
[ beep ]
You okay?
507
00:21:55,335 --> 00:21:56,945
It's Luke. He's about to ruin
his entire career.
508
00:21:56,988 --> 00:21:58,642
I'm sorry.
I need to call him.
509
00:21:58,686 --> 00:22:00,644
He's my friend, you know.
I-I would do it for you.
510
00:22:00,688 --> 00:22:01,732
Of course.
511
00:22:01,776 --> 00:22:03,560
[ sighs ]
512
00:22:03,604 --> 00:22:05,475
[ touchscreen clicking ]
513
00:22:06,824 --> 00:22:08,130
[ cellphone buzzes ]
514
00:22:09,914 --> 00:22:11,133
[ buzzes ]
515
00:22:12,961 --> 00:22:16,268
-Hey, Em.
-What is this crazy talk I hear
about you taking the stand?
516
00:22:16,312 --> 00:22:17,966
- Crazy is as crazy does.
- Don't joke.
517
00:22:18,009 --> 00:22:20,272
You can't do this. Em, everything you're getting
ready to say
518
00:22:20,316 --> 00:22:22,710
I've already heard from Choi,
519
00:22:22,753 --> 00:22:25,800
Mark, Sam,
and my cousin Terrell.
520
00:22:25,843 --> 00:22:28,585
Then why aren't you listening?
521
00:22:28,629 --> 00:22:32,415
Please, Luke.
Your life's work is at stake,
522
00:22:32,459 --> 00:22:35,244
everything that you have
sacrificed for,
523
00:22:35,287 --> 00:22:37,115
all of the years
of hard work
524
00:22:37,159 --> 00:22:39,640
just gone, and for what?
525
00:22:39,683 --> 00:22:42,077
This is for me.
526
00:22:42,120 --> 00:22:44,688
But... I appreciate
your concern
527
00:22:44,732 --> 00:22:46,124
and kinda love
that you care.
528
00:22:46,168 --> 00:22:47,299
- Luke...
- My mind's made up.
529
00:22:47,343 --> 00:22:51,347
Good night, Em.[ beeps ]
530
00:22:51,391 --> 00:22:52,392
♪
531
00:23:04,055 --> 00:23:06,275
You are gonna
blow his career
532
00:23:06,318 --> 00:23:08,146
-if you call him.
-It's not my choice.
533
00:23:08,190 --> 00:23:10,061
You are the one who decides
which witnesses to call.
534
00:23:10,105 --> 00:23:11,628
You. Not Luke.
535
00:23:11,672 --> 00:23:13,456
And how is Judge Carmichael
gonna react when you do this?
536
00:23:13,500 --> 00:23:16,285
I'm not sure, but either way,
I have tried to convince him.
537
00:23:16,328 --> 00:23:17,808
He wants to right a wrong.
538
00:23:17,852 --> 00:23:20,332
His own
restorative justice.
539
00:23:23,684 --> 00:23:25,163
[ sighs ]
540
00:23:25,207 --> 00:23:28,166
♪
541
00:23:28,210 --> 00:23:30,342
Nikki, sitting where you are
takes courage.
542
00:23:30,386 --> 00:23:32,475
I'm gonna have to ask you
some questions, okay?
543
00:23:32,519 --> 00:23:33,694
Can you tell us
a little bit
544
00:23:33,737 --> 00:23:36,000
about your mom's moods
on an average day?
545
00:23:36,044 --> 00:23:39,134
She, um, gets stressed out
a lot.
546
00:23:39,177 --> 00:23:40,962
Her job's, like,
really hard.
547
00:23:41,005 --> 00:23:43,747
When do you remember first
noticing she was stressed out?3, I think.
548
00:23:43,791 --> 00:23:46,707
It got worse when
my dad died. I was 6.
549
00:23:46,750 --> 00:23:47,751
And how's it been
this last year?
550
00:23:47,795 --> 00:23:49,840
She screams more
and stuff,
551
00:23:49,884 --> 00:23:51,015
like, if she had a bad day.
552
00:23:51,059 --> 00:23:52,887
And what is the "stuff"?
553
00:23:54,628 --> 00:23:56,238
Does the stuff involve
hitting you?
554
00:24:02,679 --> 00:24:05,073
Nikki, please answer
the question.
555
00:24:06,466 --> 00:24:08,772
-A little, I guess.
-When she hits you,
is it hard?
556
00:24:08,816 --> 00:24:11,427
- I don't know.
- Does it hurt?
557
00:24:14,778 --> 00:24:16,388
Sometimes.
558
00:24:18,303 --> 00:24:19,870
No further questions,
Your Honor.
559
00:24:25,267 --> 00:24:27,051
Nikki...
560
00:24:27,095 --> 00:24:28,705
do you believe
that moms get mad sometimes?
561
00:24:28,749 --> 00:24:30,664
- Yeah.
- I do, too.
562
00:24:30,707 --> 00:24:33,231
'Cause I'm a mom,
and I get mad.
563
00:24:33,275 --> 00:24:35,407
Do you know what
the word "discipline" means?
564
00:24:35,451 --> 00:24:38,454
When your parents punish you
to teach you a lesson?
565
00:24:38,498 --> 00:24:41,239
Yes. Is it possible
566
00:24:41,283 --> 00:24:45,853
that you're confusing
discipline with abuse?
567
00:24:47,158 --> 00:24:48,203
Yeah, maybe.
568
00:24:48,246 --> 00:24:49,813
No further questions,
Your Honor.
569
00:24:49,857 --> 00:24:52,599
Would the People like
to redirect?
570
00:24:52,642 --> 00:24:54,296
Yes, Your Honor.
571
00:24:57,255 --> 00:24:59,649
Nikki, many children
receive discipline.
572
00:24:59,693 --> 00:25:01,042
My parents disciplined me.
573
00:25:01,085 --> 00:25:02,391
They would put me
in a time-out,
574
00:25:02,434 --> 00:25:03,610
or take away a toy.
575
00:25:03,653 --> 00:25:06,569
Nikki, do you know
the definition of abuse?
576
00:25:06,613 --> 00:25:07,875
To hurt somebody?
577
00:25:07,918 --> 00:25:12,923
Yes. To treat a person
with cruelty or violence
578
00:25:12,967 --> 00:25:15,665
regularly or repeatedly.
579
00:25:20,975 --> 00:25:23,368
Nikki.
580
00:25:23,412 --> 00:25:25,327
Ms. Figueroa?
581
00:25:25,370 --> 00:25:27,111
When your kid gets a "C"
582
00:25:27,155 --> 00:25:30,637
or forgets to take out
the trash,
583
00:25:30,680 --> 00:25:33,248
do you, like, hit her?
584
00:25:35,337 --> 00:25:38,819
Nikki, only the lawyers
can ask questions,
585
00:25:38,862 --> 00:25:42,126
and the witnesses
can answer.
586
00:25:42,170 --> 00:25:43,258
Nikki...
587
00:25:43,301 --> 00:25:45,303
earlier you said
you love your mother,
588
00:25:45,347 --> 00:25:47,741
and you believe that she
loves you too, correct?
589
00:25:47,784 --> 00:25:49,307
- Yeah.
- Do you think that maybe
590
00:25:49,351 --> 00:25:52,397
your mom needs
a little bit of help
591
00:25:52,441 --> 00:25:55,270
learning how to show her love
in a better way?
592
00:25:55,313 --> 00:26:00,231
A way that doesn't involve
hurting you regularly?
593
00:26:04,627 --> 00:26:06,890
Nikki, you were saying yes
594
00:26:06,934 --> 00:26:08,979
in answering
that question, correct?
595
00:26:09,023 --> 00:26:10,807
Yes.
596
00:26:13,723 --> 00:26:16,160
No more questions.
597
00:26:16,204 --> 00:26:24,647
♪
598
00:26:24,691 --> 00:26:26,780
BAILIFF: All rise.
599
00:26:31,698 --> 00:26:32,829
You may be seated.
600
00:26:35,223 --> 00:26:37,486
Every fiber
of my judicial being
601
00:26:37,529 --> 00:26:39,183
is dreading seeing Luke
up on that stand.
602
00:26:39,227 --> 00:26:41,490
I know.
You're gonna be okay.
603
00:26:41,533 --> 00:26:42,665
Let's hope.
604
00:26:42,709 --> 00:26:44,362
[ exhales deeply ]
605
00:26:44,406 --> 00:26:47,235
People, you may call
-your next witness.
-Thank you, Your Honor.
606
00:26:47,278 --> 00:26:49,411
The People call
Luke Watkins to the stand.
607
00:26:55,243 --> 00:26:56,505
SHERRI:
Please raise your right hand.
608
00:26:58,115 --> 00:27:00,074
Do you solemnly swear
the testimony you may give
609
00:27:00,117 --> 00:27:01,423
before this court
shall be the truth,
610
00:27:01,466 --> 00:27:02,859
the whole truth
and nothing but the truth,
611
00:27:02,903 --> 00:27:04,905
-so help you God?
-I do.
612
00:27:12,173 --> 00:27:13,827
Mr. Watkins, what is
your current occupation?
613
00:27:13,870 --> 00:27:15,176
I am
a deputy district attorney
614
00:27:15,219 --> 00:27:16,438
for the County of Los Angeles.
615
00:27:16,481 --> 00:27:17,744
And what was
your former occupation?
616
00:27:17,787 --> 00:27:18,919
I was an
L.A. County Sheriff's Deputy.
617
00:27:18,962 --> 00:27:20,311
Do you see
your field training deputy
618
00:27:20,355 --> 00:27:22,096
in court here today?
- Yes, I do.
619
00:27:22,139 --> 00:27:23,184
Sitting at the defense table.
620
00:27:23,227 --> 00:27:24,794
Identifying the defendant.
621
00:27:24,838 --> 00:27:26,448
When defendant McCarthy
was training you,
622
00:27:26,491 --> 00:27:28,450
what did he say was
the most important thing?
623
00:27:28,493 --> 00:27:31,758
Protect our own first,
then the people.
624
00:27:31,801 --> 00:27:32,933
And what did you
understand that to mean?
625
00:27:32,976 --> 00:27:34,412
- Objection. Irrelevance.
- Overruled.
626
00:27:34,456 --> 00:27:36,153
Oh, so when it's one
of her little cubs,
627
00:27:36,197 --> 00:27:38,199
I get cut off at the knees.
- Ms. Cuthbert.
628
00:27:38,242 --> 00:27:39,766
-Yes?
-Is there something you care
to share with the Court?
629
00:27:39,809 --> 00:27:41,376
No. No.
630
00:27:41,419 --> 00:27:42,986
Mr. Watkins,
you may continue.
631
00:27:43,030 --> 00:27:46,381
McCarthy's motto means
to protect our family,
632
00:27:46,424 --> 00:27:47,991
his sons, first.
633
00:27:48,035 --> 00:27:50,298
Did you receive immunity
to testify here today?
634
00:27:51,734 --> 00:27:53,214
No, I did not.
635
00:27:53,257 --> 00:27:54,868
Marking as
People's Exhibit 10,
636
00:27:54,911 --> 00:27:57,566
a November 1, 2016,
incident report
637
00:27:57,609 --> 00:27:59,742
filed by the Los Angeles County
Sheriff's Department.
638
00:27:59,786 --> 00:28:02,614
Sir, did you write
-and sign this report?
-Yes, I did.
639
00:28:02,658 --> 00:28:04,616
Did anything happen there
with defendant McCarthy?
640
00:28:04,660 --> 00:28:06,880
I was responding
to a 211 robbery.
641
00:28:06,923 --> 00:28:09,621
I was in the other room
and heard a gunshot.
642
00:28:09,665 --> 00:28:11,754
- A deputy yelled, "Gun!"
- Did you see the perpetrator
643
00:28:11,798 --> 00:28:13,582
in possession of a firearm?
- No, I did not.
644
00:28:13,625 --> 00:28:14,757
And yet
in the police report,
645
00:28:14,801 --> 00:28:16,541
you indicated
that you saw this man
646
00:28:16,585 --> 00:28:19,022
with a gun in his hand.
647
00:28:23,244 --> 00:28:24,898
- Yes, I did.
- Why?
648
00:28:24,941 --> 00:28:26,987
Deputy McCarthy told me
that's what happened.
649
00:28:27,030 --> 00:28:29,598
I trusted him.
He was my training officer
650
00:28:29,641 --> 00:28:31,774
and my mentor,
so I wrote it on the report
651
00:28:31,818 --> 00:28:32,862
as he told me to.
652
00:28:32,906 --> 00:28:34,037
No further questions,
Your Honor.
653
00:28:34,081 --> 00:28:35,647
Ms. Cuthbert, your witness.
654
00:28:35,691 --> 00:28:37,606
Mr. Watkins,
what time did you speak
655
00:28:37,649 --> 00:28:40,304
with Deputy McCarthy
about the incident?
656
00:28:40,348 --> 00:28:42,785
I don't know the exact time.
That day, per protocol.
657
00:28:42,829 --> 00:28:44,613
Well, the report was filed
at 8:15 a.m.,
658
00:28:44,656 --> 00:28:46,310
so to the best
of your recollection,
659
00:28:46,354 --> 00:28:48,399
what time did you speak
with Deputy McCarthy?
660
00:28:48,443 --> 00:28:49,923
- Before I signed it.
- But you just conveniently
661
00:28:49,966 --> 00:28:51,315
can't remember the time?
662
00:28:51,359 --> 00:28:53,491
A good little type-A soldier
like you? I doubt it.
663
00:28:53,535 --> 00:28:55,058
- Objection. Argumentative.
- Sustained.
664
00:28:55,102 --> 00:28:56,103
Ms. Cuthbert,
watch your tongue.
665
00:28:56,146 --> 00:28:57,800
You filed a report
before speaking
666
00:28:57,844 --> 00:28:59,106
with Deputy McCarthy.
667
00:28:59,149 --> 00:29:00,890
The truth is, you're here
just to cover up
668
00:29:00,934 --> 00:29:03,806
-your little oopsie.
-Objection.
Assumes facts not in evidence.
669
00:29:03,850 --> 00:29:05,895
Sustained. Ms. Cuthbert,
I am warning you.
670
00:29:05,939 --> 00:29:08,071
Mr. Watkins, isn't it true
that you were
671
00:29:08,115 --> 00:29:10,465
the bailiff
for Judge Carmichael?
672
00:29:10,508 --> 00:29:14,382
Enough, Counsel!
In my chambers, now.
673
00:29:17,820 --> 00:29:20,823
All right, DDA Callan has
waived his right to be here.
674
00:29:20,867 --> 00:29:22,042
- Thank you, Sherri.
- I apologize
675
00:29:22,085 --> 00:29:23,304
for my sharp tongue.
676
00:29:23,347 --> 00:29:25,088
I do not apologize
for doing my job.
677
00:29:25,132 --> 00:29:26,655
Nor should you,
but this is about
678
00:29:26,698 --> 00:29:28,657
your blatant disrespect
for me and the witness.
679
00:29:28,700 --> 00:29:30,702
Fine, what about your blatant
disrespect for me
680
00:29:30,746 --> 00:29:32,792
and the officers I defend,
-the good ones?
-Ms. Cuthbert,
681
00:29:32,835 --> 00:29:34,706
I doubt we would be
in one of the largest
682
00:29:34,750 --> 00:29:36,534
civil rights movements
in history if there were
683
00:29:36,578 --> 00:29:38,449
an abundance of these
"good ones" you speak of.
684
00:29:38,493 --> 00:29:39,842
You don't understand
the toll it takes.
685
00:29:39,886 --> 00:29:43,063
I have seen too many
marriages and livers destroyed
686
00:29:43,106 --> 00:29:44,934
-to serve and protect us.
-Define "us."
687
00:29:44,978 --> 00:29:47,545
Because the "us" I know
is not being protected.
688
00:29:47,589 --> 00:29:48,938
There are some,
just like there are
689
00:29:48,982 --> 00:29:50,940
some corrupt judges,
-I imagine.
-A corrupt judge
690
00:29:50,984 --> 00:29:53,551
does not murder and then hide
behind their union.
691
00:29:53,595 --> 00:29:56,946
A judge doesn't need a union,
just a robe.
692
00:29:56,990 --> 00:29:58,121
I'm curious to see
what kind of judge
693
00:29:58,165 --> 00:29:59,209
you're going to be
in a few years
694
00:29:59,253 --> 00:30:01,168
when you're not
so wet behind the ears
695
00:30:01,211 --> 00:30:04,345
and have learned
the rules of the game.
696
00:30:04,388 --> 00:30:06,651
A split second to decide...
697
00:30:06,695 --> 00:30:09,176
whether it's my life or yours
is not a lot of time.
698
00:30:09,219 --> 00:30:10,568
I protect the good ones.
McCarthy's a good one.
699
00:30:10,612 --> 00:30:13,963
Save it for your closing,
Ms. Cuthbert.
700
00:30:14,007 --> 00:30:19,751
♪
701
00:30:19,795 --> 00:30:21,928
Facing a father figure
on the other side of justice
702
00:30:21,971 --> 00:30:23,930
is no small feat.
I remember.
703
00:30:23,973 --> 00:30:25,453
Thank you.
704
00:30:26,715 --> 00:30:28,586
-I gave it all I had.
-And the jury felt that.
705
00:30:28,630 --> 00:30:31,154
Luke's tug on their
heartstrings means McCarthy
706
00:30:31,198 --> 00:30:33,113
will only be
more desperate to charm them.
707
00:30:33,156 --> 00:30:35,028
I know McCarthy helped
Pete Rashel.
708
00:30:35,071 --> 00:30:36,594
I trust Omar.
I trust my gut.
709
00:30:36,638 --> 00:30:38,031
Omar never mentioned
anyone else,
710
00:30:38,074 --> 00:30:39,293
so you didn't look
for anyone else.
711
00:30:39,336 --> 00:30:40,424
Okay, so then there's
gotta be evidence
712
00:30:40,468 --> 00:30:42,252
-that McCarthy was there.
-I'll look again.
713
00:30:42,296 --> 00:30:46,343
- We are so close.
- Being close doesn't close.
714
00:30:48,824 --> 00:30:51,000
You gotta nail McCarthy
in his heart.
715
00:30:51,044 --> 00:30:52,784
- How?
- Family's his Achilles' heel.
716
00:30:52,828 --> 00:30:55,352
Two wives down,
kids don't talk to him.
717
00:30:55,396 --> 00:30:59,052
Sheriff deputies are the only
family that he's got left.
718
00:30:59,095 --> 00:31:02,011
♪
719
00:31:02,055 --> 00:31:04,057
Okay, Mama.
720
00:31:05,493 --> 00:31:07,582
Okay.
721
00:31:07,625 --> 00:31:12,369
[ speaks Spanish ]
722
00:31:12,413 --> 00:31:15,938
[ indistinct conversations
in Spanish ]
723
00:31:15,982 --> 00:31:17,679
Alma?
724
00:31:20,812 --> 00:31:22,162
[ speaks Spanish ]
725
00:31:23,163 --> 00:31:25,643
Hey, don't worry.
She's coming.
726
00:31:25,687 --> 00:31:27,080
Okay?
727
00:31:28,951 --> 00:31:31,911
[ "Me Haces Muy Feliz" ringtone
playing ]
728
00:31:31,954 --> 00:31:34,739
- Isabella?
- Hey, Mama!
729
00:31:34,783 --> 00:31:36,611
[ crying ]
730
00:31:38,961 --> 00:31:42,747
[ both speaking Spanish ]
731
00:31:45,533 --> 00:31:49,058
[ both crying and laughing ]
732
00:31:49,102 --> 00:31:50,625
[ speaking Spanish ]
733
00:32:05,248 --> 00:32:06,771
[ laughter ]
734
00:32:06,815 --> 00:32:09,078
Oh, so I'm nice
and she's the cool one?
735
00:32:09,122 --> 00:32:10,950
- Well, duh.
- Emily?
736
00:32:10,993 --> 00:32:12,342
Will you
still be my friends?
737
00:32:15,824 --> 00:32:18,218
[ speaking Spanish ]
738
00:32:18,261 --> 00:32:20,916
Okay? [ speaks Spanish ]
739
00:32:20,960 --> 00:32:24,572
[ crying ]
740
00:32:24,615 --> 00:32:26,878
[ laughs ]
741
00:32:26,922 --> 00:32:29,229
[ speaking Spanish ]
742
00:32:29,272 --> 00:32:33,973
[ laughing ]
743
00:32:34,016 --> 00:32:34,974
♪
744
00:32:45,071 --> 00:32:49,858
Okay, wait.
745
00:32:49,901 --> 00:32:51,599
Check out that time.
746
00:32:57,866 --> 00:32:59,650
Took him four minutes
to call dispatch.
747
00:32:59,694 --> 00:33:01,043
- Plenty of time--
- To call McCarthy.
748
00:33:01,087 --> 00:33:03,045
You didn't get it
from Rashel,
749
00:33:03,089 --> 00:33:04,568
so you have to get it
from McCarthy.
750
00:33:04,612 --> 00:33:06,048
Yes, sir.
751
00:33:08,616 --> 00:33:10,661
- [ exhales deeply ]
- No pressure, Callan.
752
00:33:10,705 --> 00:33:13,012
It's McCarthy or bust.
753
00:33:13,055 --> 00:33:14,448
[ sighs ]
754
00:33:14,491 --> 00:33:17,712
The Court finds the defendant
guilty of count one,
755
00:33:17,755 --> 00:33:20,323
a violation of Penal Code 273.
756
00:33:20,367 --> 00:33:23,196
Ms. Gessner, you will be
placed on 48 months of probation
757
00:33:23,239 --> 00:33:26,199
and complete one year
of approved parenting classes.
758
00:33:26,242 --> 00:33:27,896
[ whispers ] Oh, my God.
759
00:33:27,939 --> 00:33:29,419
This cannot be happening.
760
00:33:29,463 --> 00:33:33,728
Ms. Gessner,
you have the opportunity
761
00:33:33,771 --> 00:33:36,731
to end a cycle of violence
and generational trauma
762
00:33:36,774 --> 00:33:39,038
for your daughter
and perhaps even her daughters.
763
00:33:39,081 --> 00:33:40,648
- Do you understand?
- I do, Your Honor.
764
00:33:40,691 --> 00:33:42,693
Before Nikki is removed
from the care
765
00:33:42,737 --> 00:33:45,131
of her aunt and uncle
and placed back in your care,
766
00:33:45,174 --> 00:33:47,263
you will return
to this courtroom
767
00:33:47,307 --> 00:33:49,091
and prove that you are
a fit mother.
768
00:33:49,135 --> 00:33:51,050
Yes, Your Honor.
769
00:33:51,093 --> 00:33:53,574
We are adjourned.
770
00:34:14,856 --> 00:34:16,466
Sara.
771
00:34:16,510 --> 00:34:18,512
This could not--
it would not
772
00:34:18,555 --> 00:34:21,297
-have happened without you.
-Or you.
773
00:34:21,341 --> 00:34:23,778
I knew Nikki would
take to you. Who wouldn't?
774
00:34:23,821 --> 00:34:27,738
God, you have been
lugging that thing around.
775
00:34:27,782 --> 00:34:29,392
Just do it.
776
00:34:30,611 --> 00:34:34,615
[ laughs ]
It's Mark's lucky pen,
777
00:34:34,658 --> 00:34:35,964
bite marks and all.
778
00:34:36,007 --> 00:34:37,835
Very sweet.
779
00:34:37,879 --> 00:34:39,489
Kind of.
780
00:34:39,533 --> 00:34:41,361
Congratulations.
781
00:34:44,103 --> 00:34:45,669
[ sighs ]
782
00:34:45,713 --> 00:34:47,758
Sara, you saved Nikki.
783
00:34:48,890 --> 00:34:50,370
Thank you.
784
00:34:52,067 --> 00:34:55,244
It felt different to help,
785
00:34:55,288 --> 00:34:57,551
not just type. I...
786
00:34:57,594 --> 00:34:59,205
had a voice.
787
00:35:01,946 --> 00:35:06,255
I think I might want some time
to figure some stuff out.
788
00:35:06,299 --> 00:35:08,692
You deserve it.
789
00:35:08,736 --> 00:35:10,738
Take what you need.
790
00:35:13,001 --> 00:35:22,402
♪
791
00:35:25,144 --> 00:35:26,406
And why do you do this job?
792
00:35:26,449 --> 00:35:28,364
It's a sacrifice I choose
793
00:35:28,408 --> 00:35:30,366
to make my community
a better place.
794
00:35:30,410 --> 00:35:32,542
Ms. Cuthbert,
if I weren't sitting here
795
00:35:32,586 --> 00:35:35,893
impuissant, in this squander
of time and tax dollars,
796
00:35:35,937 --> 00:35:38,853
-tonight I could be of service.
-Objection.
Your Honor, he's clearly
797
00:35:38,896 --> 00:35:40,246
trying to engender sympathy
with the jury.
798
00:35:40,289 --> 00:35:42,248
Let him have his say, Counsel.
It is for the jury
799
00:35:42,291 --> 00:35:45,599
to judge the credibility
of the witness.
800
00:35:45,642 --> 00:35:47,253
Continue, Deputy McCarthy.
801
00:35:47,296 --> 00:35:49,603
Well, I'm simply saying,
Your Honor,
802
00:35:49,646 --> 00:35:51,953
that I do what I do to protect
803
00:35:51,996 --> 00:35:57,350
your mother, your sister,
brother, or father.
804
00:35:57,393 --> 00:35:58,612
No further questions,
Your Honor.
805
00:35:58,655 --> 00:36:01,180
- Cross-examination?
- Thank you, Your Honor.
806
00:36:01,223 --> 00:36:03,443
Mr. McCarthy,
these young deputies,
807
00:36:03,486 --> 00:36:06,141
they're like family to you?
- Absolutely. They're my sons.
808
00:36:06,185 --> 00:36:07,447
You protect them
-over the public.
-No.
809
00:36:07,490 --> 00:36:09,013
Protecting them
is protecting the public.
810
00:36:09,057 --> 00:36:10,754
Sure,
there are rules and laws,
811
00:36:10,798 --> 00:36:13,148
but above all else,
you protect your "sons"
812
00:36:13,192 --> 00:36:14,889
and you teach them to protect
one another, is that right?
813
00:36:14,932 --> 00:36:17,979
-Yes.
-Who wins, Mr. McCarthy,
when protecting your sons
814
00:36:18,022 --> 00:36:19,459
goes against protecting
the public?
815
00:36:19,502 --> 00:36:21,635
You protect your sons, right?
You protect the line.
816
00:36:21,678 --> 00:36:23,506
'Cause you'd do anything
for them.
817
00:36:23,550 --> 00:36:25,204
-That's what you said, right?
-You ever hear
the death wail, Callan?
818
00:36:25,247 --> 00:36:26,640
I'm not the one on trial,
-Mr. McCarthy.
-No, you have not.
819
00:36:26,683 --> 00:36:29,686
You never forget it.
You can't.
820
00:36:29,730 --> 00:36:31,732
I remember
each and every one--
821
00:36:31,775 --> 00:36:34,169
Their pitch, how guttural.
822
00:36:34,213 --> 00:36:35,866
The name they call for.
823
00:36:35,910 --> 00:36:38,217
Because I'm the one
who knocks on your door
824
00:36:38,260 --> 00:36:40,262
when it's your girlfriend.
825
00:36:40,306 --> 00:36:42,612
You crumble into my arms.
826
00:36:44,135 --> 00:36:46,225
So I teach my sons
how to protect themselves
827
00:36:46,268 --> 00:36:48,923
because we protect you,
Mr. Callan.
828
00:36:48,966 --> 00:36:51,099
And it's not real
until it is you.
829
00:36:51,142 --> 00:36:54,842
My boys need a father
who can teach them
830
00:36:54,885 --> 00:36:56,191
how to stay alive.
831
00:36:56,235 --> 00:36:58,498
And you're just the man
for the job, right?
832
00:36:58,541 --> 00:37:00,369
'Cause they're your family.
They're your sons.
833
00:37:00,413 --> 00:37:02,284
- Are they your real family?
- That's what I said.
834
00:37:02,328 --> 00:37:03,590
Or your only family left?
835
00:37:03,633 --> 00:37:05,069
Not your two ex-wives
or your children,
836
00:37:05,113 --> 00:37:06,070
Michaela and Chris,
who don't want to have
837
00:37:06,114 --> 00:37:07,507
-anything to do with you?
-Objection.
838
00:37:07,550 --> 00:37:08,899
Question withdrawn,
Your Honor.
839
00:37:08,943 --> 00:37:10,379
One final question for you,
Mr. McCarthy.
840
00:37:10,423 --> 00:37:12,512
On the night
that Omar Aziz was shot,
841
00:37:12,555 --> 00:37:15,863
did you receive a call
-from Peter Rashel?
-Yes, I did.
842
00:37:15,906 --> 00:37:18,866
He--He was scared.
I calmed him down.
843
00:37:18,909 --> 00:37:20,650
Did you then meet
former Deputy Rashel
844
00:37:20,694 --> 00:37:23,305
at the scene of the crime?
845
00:37:23,349 --> 00:37:25,220
Yes, I did.
846
00:37:25,264 --> 00:37:27,875
Then why is there no record
of you having ever been there?
847
00:37:27,918 --> 00:37:30,356
I offered my support
and then had a...
848
00:37:30,399 --> 00:37:34,229
-personal matter to tend to.
-You left. [ scoffs ]
849
00:37:34,273 --> 00:37:36,013
If you're
such a great father,
850
00:37:36,057 --> 00:37:38,059
why would you leave
one of your sons,
851
00:37:38,102 --> 00:37:39,713
a young deputy,
in way over his head
852
00:37:39,756 --> 00:37:42,368
with only you to protect him,
when all he needed was you
853
00:37:42,411 --> 00:37:44,195
in his corner?
- Objection. Argumentative.
854
00:37:44,239 --> 00:37:46,807
-Overruled.
-You said you would do
anything for one of your sons
855
00:37:46,850 --> 00:37:48,591
and yet you are
such a failure of a father
856
00:37:48,635 --> 00:37:50,027
that when this young man
needed you the most,
857
00:37:50,071 --> 00:37:51,942
you were nowhere to be found.
Is that correct?
858
00:37:51,986 --> 00:37:54,031
- Objection, argumentative!
- Or were you there for him,
859
00:37:54,075 --> 00:37:55,642
to protect him
as a father?
860
00:37:55,685 --> 00:37:57,992
Of course I protected him.
He needed me.
861
00:37:58,035 --> 00:37:59,515
Did you protect Peter Rashel
862
00:37:59,559 --> 00:38:01,648
by instructing him exactly
how to cover up
863
00:38:01,691 --> 00:38:04,346
-the shooting of Omar Aziz?
-Do not answer that.
864
00:38:04,390 --> 00:38:05,521
Did you protect Pete Rashel
865
00:38:05,565 --> 00:38:07,044
by instructing him exactly
how to cover up
866
00:38:07,088 --> 00:38:10,178
-the shooting of Omar Aziz?
-Do not answer that question.
867
00:38:10,221 --> 00:38:11,310
Did you instruct him
how to cover up--
868
00:38:11,353 --> 00:38:14,530
What do you think?
869
00:38:16,227 --> 00:38:19,100
No further questions,
Your Honor.
870
00:38:19,143 --> 00:38:26,237
♪
871
00:38:26,281 --> 00:38:28,196
Has the jury reached a verdict?
872
00:38:28,239 --> 00:38:29,284
MAN: We have, Your Honor.
873
00:38:29,328 --> 00:38:31,895
Will the defendant
please rise?
874
00:38:31,939 --> 00:38:34,985
"Superior Court of California,
County of Los Angeles,
875
00:38:35,029 --> 00:38:36,465
"we the jury find the defendant
876
00:38:36,509 --> 00:38:39,294
guilty of the crime of
conspiracy to obstruct justice."
877
00:38:47,433 --> 00:38:48,825
Ladies and gentlemen
of the jury,
878
00:38:48,869 --> 00:38:51,698
thank you for your service.
You are dismissed.
879
00:38:51,741 --> 00:38:54,701
Deputy McCarthy,
you abused your badge
880
00:38:54,744 --> 00:38:57,704
and used it as a weapon
of privilege,
881
00:38:57,747 --> 00:38:59,967
thinking you were entitled
to break the law
882
00:39:00,010 --> 00:39:02,143
because the truth is,
you carry no respect for it.
883
00:39:02,186 --> 00:39:04,232
Furthermore,
you abused your position
884
00:39:04,275 --> 00:39:06,713
as a mentor and father figure
885
00:39:06,756 --> 00:39:09,411
to impressionable deputies
who looked up to you,
886
00:39:09,455 --> 00:39:11,587
who trusted you
with their lives.
887
00:39:11,631 --> 00:39:15,548
You bent them to your will,
you led them astray,
888
00:39:15,591 --> 00:39:17,724
ruining many of them
889
00:39:17,767 --> 00:39:22,555
and perpetuating a cycle
of corrupt police culture.
890
00:39:22,598 --> 00:39:24,861
You have been found guilty
of Count One.
891
00:39:24,905 --> 00:39:27,690
Now the law only permits
that I sentence you
892
00:39:27,734 --> 00:39:30,127
to the maximum of three years
in state prison,
893
00:39:30,171 --> 00:39:31,912
and that will be
your sentence.
894
00:39:31,955 --> 00:39:37,439
Bailiff, please take
Mr. McCarthy into custody.
895
00:39:37,483 --> 00:39:39,267
Court is adjourned.[ gavel bangs ]
896
00:39:39,310 --> 00:39:40,790
[ gavel clatters ]
897
00:39:42,313 --> 00:39:44,620
[ handcuffs tighten ]
898
00:39:48,711 --> 00:39:51,627
- We will be back.
- And I'll be here, waiting.
899
00:39:59,156 --> 00:40:00,462
Thank you.
900
00:40:07,251 --> 00:40:08,644
[ sighs ]
901
00:40:10,907 --> 00:40:11,995
[ chuckles ]
902
00:40:14,433 --> 00:40:16,696
[ sighs ]
903
00:40:16,739 --> 00:40:19,960
You must be starving.
I definitely am.
904
00:40:20,003 --> 00:40:22,919
-I could order us something.
-I gotta finish cleaning.
905
00:40:22,963 --> 00:40:25,487
Because someone had to come
sweep me off my feet.
906
00:40:25,531 --> 00:40:26,575
Someone thinks maybe
you liked it.
907
00:40:26,619 --> 00:40:28,795
[ chuckles ] Very much.
908
00:40:28,838 --> 00:40:30,449
Thank you.
909
00:40:31,406 --> 00:40:36,498
One of the side effects
of how I work is tunnel vision.
910
00:40:36,542 --> 00:40:39,719
You have shown me how much
bigger my world can be.
911
00:40:39,762 --> 00:40:42,504
Maybe there's a place
for you in it, with me.
912
00:40:42,548 --> 00:40:44,463
You're certainly
moving the needle.
913
00:40:46,682 --> 00:40:48,336
[ cellphone ringing ]
914
00:40:48,379 --> 00:40:49,511
Mm.
915
00:40:49,555 --> 00:40:54,516
[ ringing continues ]
916
00:40:54,560 --> 00:40:56,605
-Sara.
-Go on.
917
00:40:56,649 --> 00:41:01,915
[ ringing continues ]
918
00:41:01,958 --> 00:41:03,177
Hi.
919
00:41:03,220 --> 00:41:05,875
- Hi. Got a minute?
- Yeah, of course.
920
00:41:05,919 --> 00:41:06,833
[ lowered voice ]
I'll call you, okay?
921
00:41:06,876 --> 00:41:08,051
Oh, wow. Am I interrupting?
922
00:41:08,095 --> 00:41:09,662
Never.
923
00:41:09,705 --> 00:41:11,533
[ door closes ]
No, how--
how did everything go?
924
00:41:11,577 --> 00:41:13,927
Ooh.[ door opens ]
925
00:41:13,970 --> 00:41:14,971
[ door closes ]
926
00:41:15,015 --> 00:41:17,670
Voted LA's
finest sparkling cider!
927
00:41:17,713 --> 00:41:20,020
Boy.
Man, you're breastfeeding.
928
00:41:20,063 --> 00:41:23,197
-Can't be chugging bottles.
-Who said anything
about chugging?
929
00:41:23,240 --> 00:41:25,460
- Bam!
- Oh! No!
930
00:41:25,504 --> 00:41:29,682
[ laughs ]
I will be sipping
931
00:41:29,725 --> 00:41:32,641
on this fine champagne
as will you.
932
00:41:32,685 --> 00:41:35,339
And you will have
three glasses... Mm-hmm.
933
00:41:35,383 --> 00:41:39,256
...and I will have one,
and I will drive you home.
934
00:41:41,258 --> 00:41:42,346
[ clears throat ]
935
00:41:42,390 --> 00:41:45,524
Lo, I know I let you down
that night.
936
00:41:45,567 --> 00:41:47,438
Mark, it's in the past.
I'm not trying to relive it.
937
00:41:49,528 --> 00:41:54,141
This trial was... [ sighs ]
justice for a lot of people.
938
00:41:54,184 --> 00:41:56,535
But for me
it was all about you.
939
00:41:56,578 --> 00:41:58,101
You're my guiding light.
940
00:42:00,626 --> 00:42:03,237
Thank you.[ glasses clink ]
941
00:42:03,280 --> 00:42:05,195
[ sighs ]
Now tell me about Amy.
942
00:42:05,239 --> 00:42:06,849
- [ Mark groans ]
- [ Lola chuckles ]
943
00:42:06,893 --> 00:42:09,330
We are apparently
on a break.
944
00:42:09,373 --> 00:42:12,768
Like,
-Ross-and-Rachel break?
-You know
I'm a "Seinfeld" man.
945
00:42:12,812 --> 00:42:14,727
Don't come at me with that
Ross and Rachel nonsense.
946
00:42:14,770 --> 00:42:16,424
- Listen...
- Come on, dude.
947
00:42:16,467 --> 00:42:19,732
It's like so indicative
of you and Amy's relationship.
948
00:42:19,775 --> 00:42:21,690
♪ Her name was Lola
949
00:42:21,734 --> 00:42:23,953
♪ She was a showgirl
950
00:42:23,997 --> 00:42:26,303
♪ With yellow feathers
in her hair ♪
951
00:42:26,347 --> 00:42:28,305
♪ And a dress cut down to...
Whoa!
952
00:42:28,349 --> 00:42:29,916
Carmichael?
953
00:42:29,959 --> 00:42:31,221
- Give me a minute?
- Mm-hmm!
954
00:42:31,265 --> 00:42:35,399
[ continues
humming "Copacabana" ]
955
00:42:35,443 --> 00:42:36,618
♪ She would merengue
956
00:42:36,662 --> 00:42:38,968
♪ And do the cha--
957
00:42:42,668 --> 00:42:45,758
- Judge Carmichael.
- Mr. Sanders.
958
00:42:45,801 --> 00:42:47,586
You were right
to be concerned about
959
00:42:47,629 --> 00:42:49,457
your re-election,
Carmichael.
960
00:42:49,500 --> 00:42:52,199
The police union is putting
someone up against you.
961
00:42:52,242 --> 00:42:53,635
They're coming
for your seat.
962
00:42:53,679 --> 00:42:54,593
♪
963
00:43:04,994 --> 00:43:06,822
Stay tuned for scenes
from our next episode.