Previously on "All Rise"...
You got another package.
Ooh, I take it the dating and swiping is going well.
It's exhausting.
Oh, my God, Luke. It's my favorite.
I can't do this anymore.
I wanna feel safe to fall in love.
- So you're breaking up with me? - We're just friends.
There's nothing to break.
- Why'd you come here? - The firm's not doing well.
So I just wanted to feel safe for a couple days.
Back on the record
for the People vs. Wu.
Penal Code 211, robbery of Daines Jewelers. Ms. Lopez.
Your Honor, I am not announcing ready for trial.
As I have repeatedly informed
the court and counsel,
my investigator is actively working
to locate an exculpatory witness.
For that reason, I am renewing my motion to continue.
The defense has been searching
for this witness for three months.
Yes, because the witness can explain what Mr. Wu
was doing in that area at the time of his arrest.
The defense is no closer to producing...
- My investigator has a lead. - And I have a winning lottery ticket.
- Ah, good. - Your Honor, the People
have a right to a speedy trial, too.
The victim has suffered not only financially
- but also emotionally. - I'm sorry, Ms. Lopez.
I agree with the People that the defense has had
sufficient time to investigate this case.
I am deeming you ready for trial.
I'll hear opening statements now.
Yes!
Rachel.
Um, I-I-I can't believe I, um...
No, me neither.
Can we just pretend the kiss... never happened
and not talk about it with anyone ever?
- Got it. Never happened. - Thank you.
And I need to set some boundaries.
If we're dividing up the city, I call Malibu.
We share a best friend,
and your girlfriend is my partner.
I need to just not be so connected right now.
- Does that make sense? - Yeah.
Uh...
Mark Callan.
Mr. Callan, we appreciate
all of your efforts in the Pete Rashel case.
- Who is this? - Now that we know we can trust you,
there's more information to share.
Yeah, but how do I know I can trust you?
Did we lead you astray with Rashel?
Okay, but no more secret drops in the middle of the night. Let's meet.
- Too dangerous. - No.
- Expect another package. - No, look, I want to...
Well, the creep factor just went way up.
Very Deep Throat. Very retro.
- Gross. Who? - Seriously? Watergate?
"All the President's Men"? Robert Redford?
Oh, the old guy that was in the "Avengers" movie?
Just... keep an eye out for a package
and let me know if you see anything.
Should we have a secret code so you know it's me?
No. Just tell Bureau to run a trace.
Well, hello.
Uh, I just got a call from Deep Throat.
Okay, if that is your version of phone sex,
- I'm not getting it. - Amy, be serious.
Okay, you just got a call from...
Apparently, the guy that dropped me the Rashel video...
His voice was all distorted.
He says he's got another package for me.
Wow. That really is Deep Throat-y.
- Should I tell Choi or Bravo? - And say what, "I just got a call
from some guy who sounds like he has emphysema"?
I would wait till you have something to share.
Yeah, you're right.
I know that's not exactly easy for you.
- You're not exactly... - The most patient person. I know.
Yeah. You okay?
It's... weird, right?
Extremely weird.
Love you.
Love you. See? Rolls right off the tongue.
- Yeah. - Bye.
Bad timing, Sara.
I've got five minutes to grab my dry cleaning.
Oh, sorry, Judge Benner. I just, uh, wanted to know
what the seminar was about.
Neurolaw, brain science, and unconscious bias.
But it's only for the judges. Why are you asking?
Um, Judge Carmichael and Judge Campbell
- want me to take notes. - What?
No. Carmichael gets a free pass,
but you tell Albert he has to be there.
This is mandatory and coming from the Judicial Council.
Well, he had to self-quarantine.
Apparently, he was with someone who tested positive.
Well, that doesn't mean he can't Zoom.
Are you okay? You seem a little stressed.
You know, I've got obstinate judges, budget cuts,
a COVID backlog,
and a raging headache I can't lose.
And now I'm down to three minutes,
so... fine, you can go. Goodbye, Sara.
Aah!
I believe these belong to you.
Oh. Thank you.
- Uh... - Oh. Let me help you up.
Thank you very much.
- Oh. - Runaway lipstick.
Oh.
It's a beautiful shade.
Bet it looks great with your red hair.
Oh, it is one of my favorites. Thank you for finding it.
Um... okay, then.
I'm so sorry. I need to take this.
Can you hold on a second?
Yes, Abigail. What is it?
I'm the only one here in 802 for the seminar.
Because you're an hour early.
I'm positive the email said 10.
It didn't.
On recess, Benner denied the continuance.
My opening statement rocked. It's a great morning.
Slam dunk!
In your face, Lopez. Two eyewitnesses.
- She is going down! - Maggie, that's enough.
Oh. I forgot. You're all a bunch of bleeding hearts
who think Lopez is Mother Teresa,
and I'm the Wicked Wi...
Oh. Is she gonna cry?
- Whoa. - Ooh.
- Just... - Okay.
Should we///do something?
Get her a rapid COVID test downstairs and drive her home.
No. Can't we just call her an Uber?
- Keep your windows down. - Fine.
- You want me to go with? - You'll need to take over her trial.
- Sweet! - No, not you. Callan.
- Why? - You heard Maggie.
Slam dunk. Two eyewitnesses. It'll take a day.
I'm Special Trials.
There's nothing special about this robbery.
- I can do it. - You're already overloaded.
- And I'm not? - Just do it, Callan.
I tried.
Synced & corrected by -robtor- www.addic7ed.com
Excuse me. We knock first.
No time for formalities. I just read your email.
Do you really expect me to drop everything I'm doing
so I can attend some seminar and "session"?
I sent that email a week ago.
You had more than enough time to rearrange your schedule.
Oh, like you did. I saw your Wu trial
still on the docket for today, so do as I say, not as I do.
I'm only missing the morning seminar.
Do we even have any idea where this woman comes from?
How are we to trust that she's not just trying...
Oh, my God. Georgia Jennings has been...
an international human rights attorney
for over 20 years
and a professor.
Professor Jennings?
Yes, that's me.
Oh!
Are you aware that I've already had to push three of my trials
because of the backlog?
The last thing I need is some Harvard know-it-all coming...
- Actually, she went to Stanford. - Complete waste of my time!
You don't think I have better things to do with my time?
Judge Benner. Huh.
I don't believe you've met Professor Jennings.
Oh. Hello. We have met.
No, I don't think so. I... I would have remembered it.
This is a perfect example of why a person's memory
shouldn't be trusted in eyewitness testimony.
Your eyes...
And here I thought I made a bigger impression.
- My keys! - Yes.
And for the record, I intend to prove you wrong
about having better things to do.
Oh, you weren't supposed to have heard that. I...
I promise. By the end of the day,
you will be happy you did the seminar.
Unfortunately, that's gonna be a little tough.
Uh, Judge Benner will not be joining us.
She's due in court. Hi. Judge Jonas Laski.
I am so looking forward to your seminar.
That judge is scary.
No, it's not too late to ask for a plea deal.
No. I didn't take those necklaces.
I was helping a woman with a flat...
Three blocks from the store where the robbery took place.
There are only so many coincidences
that I can argue away in this case.
The prosecution has two eyewitnesses
who identify you as being the suspect,
and we don't have any witnesses
who can explain why you were in the area.
Do we have a chance?
As long as we have the truth on our side,
John, there is always a chance.
You didn't match the description of the suspect anyway.
You weren't wearing a baseball cap or a jacket
when they stopped you, and you didn't have
the necklaces in your possession
even though the robbery happened 15 minutes before,
so really, the burden here is on the prosecution
to prove your guilt beyond a reasonable doubt.
All we need is doubt.
But if you can't find our witness,
how do you create doubt?
I point out the problems with the evidence
and then present our eyewitness identification expert,
and hopefully, that'll be enough to...
To create some doubt in Judge Benner's mind.
Sorry. Excuse me.
- Hi, Ruth. - Hi, Emily. I'm so sorry.
- Yeah. - I can't mess up
my winning streak here.
What do you mean, you can't mess up your winning streak?
- There's no way this case... - That's...
This case is winnable.
- No way. - Can you just...
I'm so sorry. I gotta go.
We just lost our expert.
Um, I need him to testify about eyewitnesses.
No, that's too late. That... Uh-huh.
You... Okay, okay, what... Whatever you can do. Thank you.
- Bye. -
I think our luck may have just changed.
What is going on?
- Maggie got food poisoning. - Ooh, Karma is a bitch,
but why would they send in Mr. Special Trials man?
- Staff shortage. I'm just pitching in. - Choi made you, huh?
Though you think he would've given this to Luke and Sam.
- Uh... - What?
Luke's had a bit of a rough go.
He and Sam broke up.
Oh.
Um... hey, how about you drop the charges?
Since my guy is innocent.
Well, Maggie would beg to differ,
but I'll do you a favor. I'm asking for a continuance.
Good luck with that. I tried earlier.
- Benner's in a foul mood. - Huh.
All rise. Court is now in session.
Back on record for People vs. Wu.
He is present. Ms. Lopez is present,
- and for the People? - Mark Callan for the People.
Your Honor, Ms. Palmer's fallen ill.
I'm standing in for her. The People would ask the court
to find good cause for a brief continuance
so that I may have time to prepare the case.
I already denied Ms. Lopez a continuance.
It would not be fair to grant you one now.
We have no objection, Your Honor.
Two hours, Mr. Callan.
Two hours. How does that help?
That's more than I got.
Why do I smell rosewood? Did you put on cologne?
Maybe.
- Good morning, everyone. - Morning.
Hello again. I'm assuming you all read the email,
so I won't fill you in on my background.
I will tell you that what we're discussing today
comes from research done by the brilliant people
at the Shen Neurolaw Lab. Yes.
Hi. I'm thrilled to be here.
And you are?
Oh, sorry. I'm, uh, Sara Castillo.
I'm taking notes for Judge Carmichael
and Judge Campbell.
- Happy to see you, Judge Benner. - Yes, you, too.
Um, so can we ask questions during the seminar,
or should we just, like, wait till the end?
Ask away. The more you discuss, the more you'll learn.
Anyone else? Okay.
So what is unconscious bias?
Learned stereotypes that are spontaneous, unexpected,
and profoundly deep-rooted in our belief system.
I see someone did their homework.
- Mm-hmm. - Let me ask you a question.
How many of you think you may have an unconscious bias or two?
- Oh, come on. - She's right.
Unconscious bias is as common among judges as everyone else.
Mm.
I see your skepticism.
Okay, let me ask you another question.
If you were to have car trouble,
how many of you would be relieved to have
a man stop to help you rather than a woman?
Well, what if you know how to fix a car?
Pretend you don't.
That is your first example of unconscious bias.
Excuse me.
You're late. Where have you been?
Errands. Sorry. Lost track of time. What's up?
I need to talk to you about Mark.
- Mark? What about him? - Well, later.
Right now we have a potential client.
- Really? - Yes.
His account alone could put us back in black.
Richard Walker, my partner, Rachel Audubon.
Nice to meet you, Mr. Walker. I apologize for the mess.
Oh, Amy already explained all about your plumbing problems.
Call me Richard.
Are you the same Richard Walker
- that's responsible for the K Tower? - Mm-hmm.
Breathtaking. The penthouse deck?
Absolutely one of my most favorite places in L.A.
It's magnificent.
Please, tell me, Richard, how can we help?
Well, I'm being accused of criminal threats
by one of my suppliers,
- and in a nutshell... - Mm-hmm.
...I fired my idiot lawyer yesterday.
Now you make this case go away, and not only
will I guarantee your firm a ton of work,
but I will put you on a hefty retainer.
Let's start at the beginning.
Your witness is here?
- Uh... which one? - Debbie Daines, the store owner?
Damn it. I completely forgot to call her.
- Hey... - Yeah?
Ah. Forget it.
Things still awkward between you and Sam?
- Hmm. A little bit. - Just give it some time.
You guys are friends. You'll find your way.
You can come in now.
- Ms. Daines. - When was someone going to tell me
that Ms. Palmer was sick?
I'm sorry. This all happened pretty quickly.
I was just reviewing your case.
Thanks for being here. How are you doing?
It's been difficult.
I just want this whole nightmare to be over.
I understand. I'm gonna try and make this as easy on you as I can.
Well, justice isn't blind.
It's obvious that implicit bias exists.
Well, how do we fix the problem if we're not aware we have it?
By what you're doing right now.
This is great, but you also need to commit to ongoing learning.
Open yourselves up to greater exposure
to people who are different than you. Be fair.
I've been a judge for 30 years. I've done my best to be fair.
Research shows your best isn't good enough.
We're learning that the brain often acts contrary
to our conscious beliefs,
that unconscious biases influence the way
we interpret the behavior of the defendants.
Professor Jennings, respectfully,
we're not psychologists.
We're judges. Our job is to interpret the law.
The law was constructed at a time
when we didn't have a clue about the brain.
Blind reliance on precedent makes as much sense
as someone operating on you
using the tools and techniques from 1920.
Yes, but almost all criminals who commit violent crimes
have prior convictions.
Offenses that were warning signs,
that if judges had just taken the time to spot...
There wouldn't be as much victimization.
Exactly.
Oh.
Need to get back to court.
COVID almost destroyed us. We had only been reopened
a month before the robbery happened.
Please tell the court what happened on December 27th.
I was closing for the day when a man came in.
- Please describe this man. - He was Asian, in his 30s.
And around what time was this?
5. It had been a slow day, so we kept the store open.
He was having a hard time
deciding between three necklaces
when suddenly he grabbed all of them
and ran for the door.
I tried to stop him,
but he pushed me to the floor and ran out.
Ms. Daines, do you see the person you describe
as taking those necklaces in court today?
Yes. He's seated over there.
Identifying the defendant.
And how confident are you in that conclusion?
- 100%. - What makes you so sure?
Because I remember a distinctive mark
above his right eyebrow.
No further questions, Your Honor.
There is no way
she could've noticed the birthmark.
- You were wearing a hat. - Ms. Lopez, your witness.
Your Honor, I'd like to mark as Defense Exhibit "A"
the video surveillance from inside the store.
Ms. Daines, do you recognize this video?
Yes, that's from our store camera.
So this is an accurate depiction
of how the suspect looked
- when you observed him that day? - Yes.
And just to be clear, the suspect is wearing
a baseball cap and a mask over his face, correct?
- Yes. - But it's your testimony
that you could see the suspect's face
clearly enough to be certain of who he was?
Yes, I-I could see his eyes, eyebrows and a part of his nose.
A part. Hmm. Had you seen the suspect before?
- No. - Maybe at the coffee shop next door
or in the neighborhood.
No. The first time I ever saw him
was in my store on December 27th.
Can you please explain how you were able to see
the birthmark on his forehead
while he was wearing a baseball cap?
Is she allowed to ask me questions?
I'm the judge, so, yes, I am.
Well, look, if he wasn't the man who robbed me,
then why would the police bring him over
for me to identify?
So you only recognized my client after the police
brought him to your store, correct?
Ms. Daines? Are you all right?
I just don't understand why everyone's attacking me.
- I am the victim here. - No one is attacking you.
We are just trying to get to the truth.
And I am trying to tell you the truth,
but apparently you don't want...
Ms. Daines, the court realizes
that you have been under a lot of stress,
but please, pull yourself together.
- You don't... - Your Honor, People, uh,
request a brief recess.
Excellent idea, Mr. Callan. Back after lunch.
You're saying that we really need to keep
unconscious bias front of mind all day long.
Every time you make a ruling,
your life experiences influence that decision.
- Huh. - Oh, I'm sorry.
I thought you were doing one-on-one sessions in chambers.
Just taking a break.
Jonas was keeping me company.
He's extremely curious about the subject.
- Mm-hmm. - Not surprising.
Jonas, shouldn't you be in court?
Well, I pushed everything off until tomorrow.
I find this all much too fascinating
and important to miss.
I was just looking for some aspirin.
- Oh. - Behind the Vitamin C.
You organized our cabinet? That's...
Odd. Some might say I have a problem
when it comes to clutter.
Oh, everything is so much easier to find,
don't you agree, Lisa?
Uh, I'm free to talk now if it's a good time for you.
Oh, I need to get back to court. I'm sorry.
Maybe, uh, in a couple of hours.
You'll have to excuse "Hillary." She can be a bit intense.
Would you like half? I make my own peanut butter.
No, thanks. I ate already.
Ms. Singh, I called you in because
we need to prep your testimony.
Mm. Ms. Palmer already did that.
I understand, but I didn't,
and I need to make sure you're ready,
so maybe you can put down the sandwich
and we can go over your testimony one more time.
Where were you on December 27th?
Hmm. Oh! That's the day of the robbery, right?
I'm gonna need you to be more matter-of-fact
with your answers, so let's start again.
Hit me. Where were you at 5 p.m.
on December 27th?
Waiting in line for coffee.
It's right next door to Daines Jewelers.
I noticed a man looking through the store window.
Did you talk to him?
Mm, kinda?
No, "kind of" anything. Yes or no?
I told him to put up his mask
because, you know, we were in a public place,
but he didn't say anything back,
so is that a "yes" or a "no"?
- That would be yes. - Oh.
What happened next?
He put up his mask and went into the store.
- Is this the man you saw? - Yes.
- How positive are you? - As sure as the sun's gonna rise.
Ms. Singh, how long would you say you looked at the suspect?
I don't know.
Uh, well, what it a glance? Did you linger?
More of a linger.
Uh-huh. What was the suspect wearing?
A baseball cap, black jacket.
A cap and a jacket
that the police did not find on my client.
- Objection. - Save it for your closing, Ms. Lopez.
Did the police ask you to identify
- anyone in this case? - Yes.
And how did you make that identification?
They showed me six pictures.
Your Honor, I'd like to enter this as Defensive Exhibit "B."
Is this the 6-pack that the police showed you? Yes.
Did the police do anything to affirm your selection?
Maybe a smile or a nod of the head?
Uh, I don't recall. It was three months ago.
You're right. Three months is a very long time
for anyone's memory.
Nothing further, Your Honor.
Mr. Callan, any redirect?
Ms. Singh, on the day of the incident,
did you give the police a detailed description
of the man you saw peering in the jewelry store window?
- Yes. - No further question, Your Honor.
The People rest.
So when you don't have a satisfactory answer,
you fall back on old assumptions
and biased notions.
- Makes sense. - I know, right?
Oh, and look at what Judge Campbell got me
as a thank you.
- "Get out of your own way." - Why?
He offered me a position.
But you love Judge Carmichael.
Yes, but I was still flattered.
That he realizes how amazing you are? Of course.
- Are you thinking... - Oh, not really.
- It'd be a lateral move. - But?
I'm starting to feel like I need something more challenging.
Well, whatever you decide, got your back.
Hey, how's your trial going?
How do two eyewitnesses pick the same man
if he is really innocent?
- Coincidence? - That's a big...
From what Professor Jennings said,
our memories tend to reconstruct incidents
because our brain does not have the capability
to, like, record memories like a video camera.
But one of the eyewitnesses knew about my client's birthmark.
- Oh. That's not good. - Mnh-mnh.
- Night, Luke. - Night.
- Hey, don't work too late. - Night.
Night.
It's too bad about him and Sam.
Oh, no. They broke up?
- Mm-hmm. - Hey, you don't think...
No, I don't.
I'm just saying, that birthday cake...
Uh, is everything okay?
It would seem Judge Benner forgot our meeting.
Oh, she's probably still in court.
Uh, I'll... Okay.
Judge Benner? Court ended 20 minutes ago. You are late.
Where are you? Give me a call.
Judge Benner, what are you doing in here?
Why didn't you answer your phone?
Oh, that would defeat the whole purpose of hiding.
Hiding? Who are you hiding from?
Judge Benner. Judge Benner?
Okay. Well, Professor Jennings is waiting,
so let's get a move on.
She stayed late to talk to you.
Judge Benner, since when
do you let a case upset you so much?
It's not the case. It's Professor Jennings.
I thought... I don't know what I thought.
Oh... you like her.
Ms. Kansky, I barely know her.
And yet you like her.
This is a workplace. I have to be professional.
Well, then get to know her on a professional level.
Well, what if I completely misread our first meeting?
There's only one way to find out.
Oh!
I am so sorry I kept you waiting.
I made you a cup of tea.
Thank you.
Did you ever lose your headache?
Oh. Yes. Ugh. Finally.
And how is your trial going?
I don't know.
Ever since your seminar this morning,
you got into my head.
Usually it's Carmichael in my ear.
I just can't stop questioning everything.
Well, if anything comes of these seminars
and our one-on-one conversations,
it's that we get judges to take their time.
That's a tough one.
I have a backlog of 300 cases.
Yeah, sometimes it just feels like my courtroom
has turned into a conveyor belt.
- Thus the headache. - Mm-hmm.
What do you do to relieve stress?
Yoga.
Oh, I watch old movies when I can.
Read when I can. Um...
I don't have a lot of spare time.
Hmm.
Then let's get started,
and hopefully, our conversation will help you sort things out.
Yes, okay.
Take for instance, a victim I have
who remembers a birthmark on a suspect,
even though it's questionable
she saw it on the day of the robbery.
Well, maybe she saw the suspect at another time
and doesn't remember.
It's not surprising.
Research shows our memories are fallible.
Yeah.
Hey.
Hey...
I can go some place else.
- No, it's fine. It's fine. - You sure?
Yeah. Why are you being so weird?
You're the one that's been avoiding me all day.
Ah, haven't seen you all day.
And why would I be avoiding you?
Because we ended because I didn't say I'm sorry.
Because...
So Maggie puked all over my passenger seat.
I may have to sell my car.
I'm heading home for the night. Any word from our source?
The Eagle has not yet landed.
- Just call me if you see... - I'll call you the minute that...
- All right. - Yep.
- What was that about? - What?
- Secret code? - Oh, that? Yeah, I can't tell you.
You can't or you won't?
Does it have something to do with Rashel?
Okay. But I didn't tell you.
You're right. We're supposed to be getting another package.
It was a pleasure meeting you, Richard.
- Yeah. - Yeah. Thank you for staying so late.
No problem.
Rest assured, Amy and I will spend the night
- prepping for tomorrow. - Yeah.
- Oh! - Oh.
- Uh, I'm sorry. I didn't realize. - No, I shouldn't have...
Mark. Hey, what are you doing here?
I brought you dinner. I would've brought more but...
- Mark, I was hoping I'd see you. - Uncle Richie?
- Uncle? - He's not really my uncle.
He's one of my dad's oldest friends.
Hey, hey, watch who you're calling old.
Why didn't you tell me
he was a friend of Vic's?
Ah, I see where this is going.
Let me ease your mind a little bit, all right?
Yeah, Vic and I did pull some stuff back in the old days,
but, uh, those times are over.
We are not worried, Richard. We will see you tomorrow.
Really nice seeing you, Mark.
And call your old man more often. He misses you.
Okay, we really need to think about this.
Look, I know I said I was okay with you
letting Vic help you land clients, but...
- But? - Uncle Richie's bad news.
Please stop calling him "Uncle Richie."
Maybe we should pass.
Why? He is a client that could save this firm.
Rachel's just worried that this could blow up in your face
like so many other things that Vic gets involved with.
Oh, so now you're reading her mind? What is going on?
Nothing. I have work to do.
What is going on with her?
Rachel's fine. She's always fine.
She's not, but right now I'm more concerned about Richard.
What exactly did he and Vic do that was so bad?
It was before I was born.
They used to have a knack for ripping off stores quickly.
Vic would go, and he'd case the joint,
locate the most expensive items.
The next day, Richie would go in,
know exactly where to go, in and out before the police...
Oh, my God. I didn't even think...
What?
I'm so sorry.
Don't wait up. I'm sorry.
Great.
Thank you so much for staying late.
Ah. But the question remains,
did I change your mind about the seminar?
Most certainly, and not just mine.
Everyone was impressed.
Good. Well, please feel free...
- Oh. - ...to follow up with any questions,
or if you just wanna talk.
Talk?
Sure.
Oh.
Call me.
Good night.
It was Christmas Eve. We were so busy.
It was all just a blur.
This is three days before the robbery.
The man's John Wu. You spoke to him?
Do you remember what he said,
which piece of jewelry he wanted to see,
anything about that day?
No, sorry.
What does this mean?
That Mr. Wu may have been casing your store.
No, it only proves that John Wu was in the store.
Your Honor, it proves that her client lied
not once but twice when he told the police
he had never been in the store.
It also proves your witness lied.
She was adamant... Adamant that the first time
she ever saw John was December 27th.
Your Honor, I think this is valuable evidence,
and even though it's late, it should be admitted at trial.
- I'll allow it. - Your Honor, please...
I'll see you in court, Ms. Lopez.
I thought we were passing.
Because he's a friend of Vic's?
You're willing to throw away $100,000
because Richard has a past with Vic?
No, sorry. What is really going on?
I don't want to be any more entangled
in you and Mark's personal life than I already am.
Well, since when is that a problem?
You showed up on our doorstep, smelling like sewage,
- looking for a place to stay... - That was a mistake.
I shouldn't have imposed.
And this... This is much too much.
Mark calls him "Uncle Richie."
He may not be his uncle, but he's still family.
- It's not ethical. - What?!
I don't wanna be any more involved.
Well, that's gonna be a little difficult,
seeing as that you're one of Mark's closest friends,
which is why I was hoping I could talk to you about Mark.
- And... -
Sorry.
Rachel Audubon.
Mm-hmm.
I so appreciate you taking the time.
Normally, I would discuss this with Judge Carmichael.
Well, I am flattered
that you felt you could trust me.
- Well... - So what are you feeling?
That I may have acted too hastily
when I deemed Ms. Lopez ready for trial.
Everything was happening so quickly.
Hey, then slow it down.
Justice should never take a backseat to efficiency.
You saw the video, and...
It only proves that he was in the store.
I looked over the video from the day of the robbery.
Yes, the two men are the same height.
It's... It's hard to tell about weight
because of the jacket he's wearing.
I mean, can two eyewitnesses be wrong?
Cross-racial identification.
Our minds are shaped by racial disparities
we see every day.
Bias can not only control what we see, but where we look.
Eyewitness testimony is a crucial part
of the criminal justice system.
It has been a prominent and compelling form of evidence
in our courtrooms for hundreds of years,
and now I'm not supposed to trust...
According to the Innocence Project,
"mistaken eyewitness identification
contributed to approximately 69%
of more than 375 wrongful convictions.
Yeah.
Well, I...
- It was nice to... - Yeah, I should get back.
Sorry.
Um... thank you. Thank you.
Anytime.
- Good night. - Bye.
Why didn't you tell me, John?
I asked you repeatedly.
I was scared if I told you, you wouldn't believe me.
You just... You made my job harder.
If I had known, I could've used that to explain
why the store owner recognized you.
I'm sorry, Ms. Lopez.
Now that Judge Benner has admitted
the surveillance video into evidence,
our only hope is to put you on the stand.
If Judge Benner hears your side of the story, then...
I'll do whatever you want me to.
No more lies. I mean it, John.
Okay.
Tell me what happened.
I was getting back in my truck when a police car pulled up.
They asked me what I was doing there
Where was the woman you helped with the flat tire?
- She had already left. - What happened next?
The police put me in the backseat of the car,
then drove me to the jewelry store.
Did they tell you why they wanted you to come with them?
I fit a description of a suspect.
I told them I was a groundskeeper
at the country club and didn't know anything about any robbery.
Do you still work at the club?
No, they fired me after they learned I had been arrested.
I've got a wife, two kids. I didn't do anything wrong.
Mr. Wu, have you ever been in Daines Jewelers?
- Yes, on Christmas Eve. - And what made you go in?
I was on my way home. I got a bonus.
My wife's always wanted diamond earrings,
thought I'd surprise her for Christmas.
But why Daines Jewelers?
There are several stores in the neighborhood.
They were having a sale.
In 10 years, I'd never seen a "Sale" sign.
Did you buy anything?
No, the store owner was rude,
said she could tell just by looking at me,
I didn't have enough money for anything, even on sale.
- Objection. - Overruled.
Mr. Wu, why did you lie and tell the police
- you had never been in the store? - I was afraid.
I've worked hard my whole life, tried to do the right thing.
But none of that mattered to the police.
I fit the description, so I was guilty.
Mr. Wu, were you in Daines Jewelers
- on December 27th? - No.
No further questions, Your Honor.
Mr. Callan, your witness.
Mr. Wu, you testified to the police that you lied
- when you were taken into custody. - Yes, I was afraid.
And you're afraid now there's gonna be consequences
- to this trial, aren't you? - Yes.
Mr. Wu, how long did it take to change that tire?
30 minutes.
And did you change your clothes afterward?
- No. - And yet in your police booking photo,
your face and clothes were clean, weren't they?
- Yes, I-I didn't get a... - You familiar with this area?
Yes, I drive by it every day.
So you were in the area of the jewelry store
where the robbery occurred during the entire time
that event is said to have taken place. Is that correct?
Yes.
No further questions.
Ms. Lopez? Any other witnesses?
No, Your Honor. The Defense rests.
Hey.
You okay?
Just did closing arguments.
It was my last shot to save my client,
and I don't... I don't know if it was enough.
Knowing you, I'm sure it was.
I heard about you and Sam.
That didn't take long.
You brought me that... The cake, and...
Em, it wasn't because of you.
Actually, Sam broke up with me.
Why?
She wanted something more.
I told Richard we were passing.
Thank you. I know it wasn't easy.
He wouldn't take no for an answer.
Offered us $200,000.
Are you really gonna walk away from $200,000
because you're worried about boundaries?
Because we really can't afford to walk away.
Look, look, look, look, I will make you a deal.
No more sharing of personal information...
after we discuss Mark.
I didn't think it would ever matter,
but I really feel like Mark and I have a future.
You do, of course.
- You do. - I didn't think there was
any room in his life
- between you and Lola. - Amy.
And I put this off for so long.
I don't know how I'm gonna tell him.
Okay, now you're scaring me.
I need a divorce.
Wait. What?
I'm married.
To whom?
The court has heard the evidence from the trial
and will admit this is a very troubling case.
The testimony, we have heard, is not consistent
with the version of events presented.
In addition, the defendant failed to tell the truth
to the police, which only complicated the case further.
Frankly, the court doesn't know what to believe.
We are not certain Mr. Wu is innocent,
but we are also not satisfied that the People
have proved that Mr. Wu committed the crime
beyond a reasonable doubt.
On that basis, the court must find the defendant not guilty.
Ms. Daines, the court recognizes that you were the victim
of a robbery, and for that, I am sorry.
Your pain is significant, but unfortunately,
justice isn't always getting what you think is right.
Mr. Wu, you are discharged. Your bond is exonerated,
and this case is dismissed.
- Thank you, Ms. Lopez. - You're welcome.
Forgot how much fun it was going up against you, Lopez.
Yeah. Should do this again sometime. Oh, wait.
That's right. We can't, 'cause you're Mr. Special Trials Man.
Whoop-whoop!
Yeah, I once told Carmichael that our decisions
can trigger the law of unintended consequences.
You took the time,
you asked the questions, and when you got subpar answers,
you didn't fall back on old assumptions.
- I'm proud of you. - Thank you.
But I think that you and Carmichael deserve the credit.
I'll take it.
We should celebrate.
What did you have in mind?
The first time I went to Scotland,
I wanted to see everything.
I thought, what better way than on a bike?
Oh, no.
Oh, yeah. 40 miles a day.
I spent every night soaking in a tub.
Passe e manteiga.
Perfect.
What did I say?
"Pass the butter."
And now for dessert.
Oh.
Right.
Follow me.
Oh.
- Yeah? - Okay.
You said you liked old movies?
Yeah.
TCM is showing "The Big Sleep."
Bogey and Bacall.
- I even made popcorn. - What? I... You...
Regan. It was much safer to come here with her,
much safer, especially with Eddie Mars.
Will you get out of this and stay out if I let you go?
No. Take this thing out of my mouth, will ya?
Ah, that's better.
Get a knife, cut these ropes.
Sam!
What's up?
But I've been here all day, waiting.
That is so creepy.
And the least of our worries.
What do you make of this list?
Perhaps we should ask Luke.
Why?
Because his name is on it.