Bull (2016) s05e02 Episode Script
The Great Divide
1
It was raining.
One of those scary, pounding rains where the wind makes it sound like a locomotive is right outside your window.
We were all asleep.
But even with the sound of the winds howling, there was all of a sudden this boom.
I thought that a helicopter or a plane had fallen into the building.
My friends Claire and Finn were lying in bed together when they were crushed by the weight of the beam as it crashed through the ceiling.
This building was built in the 1870s.
It was a cigar factory for 75 years.
Then it was a sweatshop for another 20 or so.
Then a import-export warehouse, I think.
Then about five years ago, the city came around and told the owner that he'd have to make a lot of improvements if he wanted to keep leasing the space.
Indoor plumbing, for one thing.
Decent heat and electric.
Owner said no.
Apparently, he lives in Asia somewhere.
So they've been in a standoff ever since.
CHUNK: And no one ever noticed a dozen squatters living in here? Lily did you know that your friend Claire came from a wealthy family? I had no idea.
I looked at the court papers.
You're the only one named.
The only one being sued.
Any idea why Claire's mother would single you out? I guess because I found the place, told everybody else about it.
Nah.
I think there's got to be more.
I'm worried that it's about something else.
Sometimes when people can't convince the district attorney to bring criminal charges, they'll file a civil suit.
Think of it as a dress rehearsal, a way that a plaintiff can convince a D.
A.
that there's a case worth trying here.
So what are you saying? I'm saying that if we don't win this first case, we might be looking at a second one, one where you're facing up to ten to 15 years in prison.
She was she was 19 years old.
She had her whole life in front of her.
Forgive me, Ms.
Waters, but clearly, you and your family do all right.
How did your late daughter wind up living in a rough neighborhood like Chinatown? My daughter and I were in a period of, uh, estrangement.
She she had decided to leave college in her sophomore year, and I decided that was not something I could support.
She wanted to be a painter.
She thought that college was a waste of time.
- I see.
- Her mind was made up, and so was mine.
I cut her off financially.
I-I wasn't trying to hurt her.
I was trying to shock her into reconsidering.
(SCOFFS SOFTLY) (QUIETLY): S-Stupid.
And the young man who died, Finn Danford, was he a boyfriend? I suppose.
Probably a big part of the reason she left school.
But as I say we were not speaking by that point.
Is this it? DRIVER: Yes, ma'am.
BENNY: The fire department gave me a key to the padlock, so EVELYN: I don't see any padlock.
Oh, my goodness.
Chunk? What are you doing here? I'm here with my client.
Lily Knowles.
Oh, my (SIGHS) I think we may have a problem here.
This is my client, Claire Waters's mother, Evelyn Waters.
Oh, my God, M-Mrs.
Waters, I'm so sorry.
I No, no, no, that-that's enough.
That's enough.
Ms.
Waters, I have to tell you something.
Mr.
Palmer here and I are not just friends.
We're colleagues.
We work at the same firm.
I don't understand.
- Neither do I.
- Well the short version is I'm afraid we might be staring at a conflict of interest.
Who might be? All of us.
BENNY: In my 20-some-odd years of doing this for a living, I can honestly say that I have never, ever been as professionally embarrassed as I was this morning.
I-I I truly did not know what to say to that woman.
Just tell her that you're sorry for wasting her time, but your esteemed colleague got there first.
Case closed! Chunk! BENNY: All I know is, I got a call last night from an attorney friend of mine.
He has a very wealthy client whose daughter died in a tragic accident.
They went to the D.
A.
's office hoping to file some criminal charges.
The D.
A.
demurred, suggested they file a civil suit and recommended me and this firm as the right folks to get the job done.
Ah.
I like the sound of that.
Mr.
Palmer? I was just doing what you told me to do.
And what was that? Remember? You said to me, "I'm thrilled to add you to the roster as an attorney, "but, uh, no one's walking in the door asking for you.
"No one knows you exist.
"So for the foreseeable future, "I'm gonna assign you some cases, "I'm gonna throw you some pro bono work.
"But what you really should do is get out there and hustle.
"Anything to get in a courtroom.
"Anything to help the legal community see you in action.
" And that's your hustle? A squatter who basically led a young couple to their death by allowing them to live in a building that the city declared wasn't fit for occupancy.
I thought the idea was to bring in cases we can win.
That "squatter" has a name.
Lily Knowles was referred to me by an organization called New York Artists for the Future.
I did some work for them in the law clinic at school, so when the situation came up, they asked if I could help.
A-And by the way, this is exactly the kind of case you were talking to me about.
And I happen to think that this is a completely winnable case.
The girl is being set up.
She has no legal culpability for those two deaths.
Well, that's for the jury to decide.
And you seem to be forgetting: My client is the aggrieved party here.
First of all, you don't have a client.
Neither one of us does until this man says so.
And as far as aggrieved goes, that woman is worth a couple hundred million dollars, and she's suing a kid who doesn't have a pot to Her daughter is dead! And since you're bringing up her money, this is probably as good a time as any to remind everyone that she's actually prepared to pay for our services.
Something I strongly suspect your client is not.
The man makes a particularly cogent point.
Look, I'm worried that if I don't defend this girl and get her acquitted, she's gonna be facing a lifetime of debt Not to mention what happens if they decide to bring criminal charges.
Do you honestly think you're the only person that can possibly represent her? No.
But I do believe that I can get her acquitted.
I believe in her.
And I believe she's being unfairly prosecuted.
Come on.
That warehouse was a death trap.
She had no business enticing people to live there.
She was trying to foster a community of artists.
She was trying to live rent-free with her friends in a place she had no claim to! Man, you are so cold! I'm cold? You're naive! This isn't legal aid.
People are supposed to pay for the privilege of having us represent them.
And it's actually good for business if they're innocent.
Enough! I have no idea what to do here.
Chunk, how much work have you done on this? We talked on the phone briefly a couple of times earlier this week.
Short calls.
Finally met face-to-face this morning.
I spoke with Evelyn for the first time two hours ago.
Well, then I have no choice We have to go with Chunk, otherwise we're conflicted out.
Here's a crazy idea.
I mean, what if TAC did represent both clients? Benny, you know as well as I do the likelihood of the court going along with something like that is one in a million.
You don't know until you ask.
More importantly, your client is never gonna go for it.
Why should she pay you, knowing we are representing her opponent and doing it for free? All excellent arguments.
I'm just asking for permission to try.
Fine.
If you can get the courts and all the principals to agree, then TAC will be happy - to represent both sides.
- Could happen.
Right after that blizzard in hell.
Hey, did you see that pig just fly by? I would feel like a fool going into court under these circumstances.
I know how it sounds.
I know how it feels.
But I would be remiss if I didn't point out to you that there are certain benefits going to court with someone who knows the other side so well, someone who can predict their every move before they make it.
Be that as it may See, the first thing that will happen is, the defense will file a motion to sever.
That means they'll try and force you to have three separate trials One against the city, one against the property owner, and one against Lily.
And then there's the Friday trick.
What's the Friday trick? Chester Palmer he's the attorney representing Lily Will say he has a scheduling conflict.
He'll ask for the trial to commence on a Friday.
- So? - Worst day for a plaintiff, for you to start.
You'd much rather start on a Monday.
That way, you have five days to build momentum.
You want to rest your case on a Friday, so the jury has all weekend to think about it.
Then they'll be more likely to form an opinion that's favorable to your side.
Chester Palmer sounds like a very smart man.
Well, he learned from the best.
Oh.
One more thing.
The other side will try to maneuver so that the case appears in front of a defense-friendly judge, someone more inclined to rule in their favor, give them the benefit of a doubt.
Now, I'm thinking Judge Tessa Hudson.
We've stood before her many times, and I happen to know she's up in the rotation.
Judge Tessa Hudson.
- (GAVEL BANGING) - Good morning.
Just so everybody understands how the COVID of it all works in my courtroom, I am behind plexiglass and I am socially distanced from everyone, so please don't let the fact that I am not wearing a mask cause you any concern.
Witnesses are also seated behind plexiglass and are socially distanced.
We feel it's important for the jurors to see their entire faces.
Jurors are behind plexiglass and are required to wear masks because even though they are socially distanced, they are in a congregant group.
And we are determined to keep them as safe as is humanly possible.
As for the defense and plaintiff tables, whether or not you wear a mask is totally up to you and your clients.
You are far enough away that proximity should not pose an issue.
The only other rule for you is no more than two people at the table Presumably the principal attorney and the client.
All right, let's see if we can come to some kind of consensus on a trial date.
If it pleases the court, Your Honor, my schedule is pretty tight this week.
I'd ask the court's indulgence that I be able to impanel on Thursday and begin the trial on Friday.
HUDSON: All right.
There's no objection from the plaintiff, I assume? Well, actually, we'd prefer to start earlier in the week.
Speak plainly, Counsel.
Are you not available on Friday? - I am, but - Okay, Friday it is.
Splendid.
Now, does the defense wish to be heard on the motion to sever? Your Honor obviously my client's defense is in direct conflict with the other two defendants The building owner and the city.
One is basically an impoverished individual with no direct responsibility for the condition of the building, whereas the other two are substantial entities with access to abundant resources.
Holding all three trials together would absolutely pose undue prejudice.
I would agree with you, Mr.
Palmer.
The motion to sever is allowed.
Very well then.
Our next order of business Uh excuse me? Ms.
Waters, where are you going? This is your trial.
We're all here because of you.
I'm sorry, Judge Hudson.
Uh, please feel free to continue.
I have to make a phone call.
HUDSON: Okay run this by me again.
You want to change counsel - one day in? - I do.
- And you want? - BENNY: I am seeking the court's permission to file an appearance.
- Uh-huh.
- As you well know, I'm employed by Dr.
Jason Bull of the Trial Analysis Corporation, and so is Mr.
Palmer, - who is representing the defendant.
- Ah.
Isn't this cozy? A little, perhaps, yes, but I just want to state for the record that I've had no contact with Mr.
Palmer's client.
I've not done any work on her case.
In fact, I didn't even know that anyone from my firm had ever even spoken to the defendant until after I agreed to represent Ms.
Waters.
BULL: Your Honor, our firm is prepared to avoid any and all conflicts of interest.
We will happily divide up our resources and our staff, and if necessary, even the office space itself.
In addition, pursuant to the New York Rules of Professional Conduct, Section 1.
7, I have informed my client of her rights, and she has signed a notice of informed consent.
And my client has signed a similar document.
Miss Knowles, while you cannot select who represents Ms.
Waters, you are entitled to a lawyer free of any potential conflict.
Your Honor, I-I want Mr.
Palmer to be my attorney.
I trust him.
He gets me.
And plus, he's working for free.
Oh.
Ms.
Waters, what was wrong with the lawyer who accompanied you in court yesterday at the motions hearing? Nothing.
He's just not the best, and Mr.
Colón, in my opinion, is.
Uh-huh.
That was subtle.
Well, if, uh, everybody's in agreement, I'm not gonna stand in your way.
The motion is allowed.
BULL: In order for this to work, it's absolutely crucial that there be no sharing of information.
Marissa, I need you to figure out a way to firewall the console so each team will only have access to their data.
I can do that.
Each side'll have their own password, and I'll make it so everyone can log in remotely from their laptops and tablets so no one's huddled around the monitors in the war room.
Great.
Benny, since you are the more experienced attorney, I'm assigning myself to Chunk's team.
Fine.
I'll take Marissa and Danny then.
Sorry, Taylor.
It's fine.
I like hanging with the boys.
BULL: And, Chunk, if you're good with it, we'll make my office our workspace? Room with a view? Solid.
Benny, if you don't mind working down here? Works for me.
All right.
All right, Chunk, it's your party.
How do you want to start? Well, obviously, voir dire is the first order of business.
Since you've done that a thousand more times than I have, what do you think the play is? We need to find jurors who are open to the idea that what happened was simply beyond Lily's control.
Which it was.
That's right.
In a perfect world, I'd want to seat intentionalists and deselect consequentialists.
One more time, for those of us who don't speak PhD? We want people who will focus not on what happened, but Lily's intent.
Which was to create housing for her fellow artists and build a sense of community.
So I have a question.
Claire's boyfriend died in the accident, too.
Why aren't his parents part of this lawsuit? That is an excellent question.
On it.
(CLEARS THROAT) BENNY: We are suing for wrongful death, which means we have to prove Lily knowingly brought Claire into a dangerous situation.
If I know Bull, he is gonna convince Chunk to argue that Lily was no different than any of the other squatters, that she's no more culpable than the rest of them, that in fact, she could have just as easily been underneath that beam as Evelyn's daughter.
Of course that's what he's gonna do.
You know what my grandmother used to say? "Be careful when you point a finger at someone.
You'll discover there's three fingers pointing back at you.
" Come to think of it, we need jurors like your grandmother.
People who think this Lily girl set everything into motion by breaking into that building and inviting others to join her.
Breaking the law and inviting others to join her.
People who take responsibility for their own actions - and expect others to do the same.
- Yup.
We need to get rid of anyone who plays the blame game.
Good morning, ladies and gentlemen.
Okay.
Let me ask you a question.
Anybody here unhappy at work? All right.
Juror number three, let's start with you.
So, you are unhappy at your job? Well, let's just say I made some bad choices when I was younger.
I was too interested in partying, having fun.
I should have focused more on school.
She's self-aware, takes responsibility for her flaws.
I like her.
Not blaming anyone else, for where she is in life.
Sounds like just the person we are looking for.
This juror is acceptable to the plaintiff, Your Honor.
She's exactly who they're looking for.
Your Honor, with your permission, we would like to thank and excuse juror number three.
Who here has ever offered to water your neighbor's plants, maybe take in their mail while they're on vacation? Juror number 17.
Neighbor of the year.
Tell us your story.
No story.
I just agreed to feed my neighbor's cat when he went to the Jersey Shore a few weeks ago.
That was awfully nice of you.
So let me, uh, ask you this hypothetical.
You're-you're in the apartment, you're feeding the cat.
You accidentally break a vase.
What would you do? Well, I don't know.
I mean does he know I did it? Maybe the cat knocked it over.
Great.
We got a comedian.
Taylor, talk to me.
He's a dentist, sole practitioner.
And an avid mountain climber.
Okay.
That helps clarify things.
He's an individualist, which means he'll be more likely to buy Benny's theory of personal responsibility.
We'd like to thank and excuse this juror.
And what about you? Let's say you broke the vase.
Well, then, I'd certainly offer to pay for it.
Now, would it make me a bad person if I secretly hope my neighbor says, "Don't worry about it"? No.
As long as you're willing to step up.
This juror is acceptable to the plaintiff, Your Honor.
I'll kick her.
Let's not throw out the baby with the bathwater.
I liked her answer.
She was being honest almost to a fault.
Taylor, tell me something I don't know about this lady.
Well, her Insta's filled with pictures of gifts she sends to her kids and grandkids for their birthdays.
Everything's homemade, everything individual and personalized.
I knew it.
Sounds like she's an intentionalist.
What is that again? Someone for whom the intention of the deed is more important - than the outcome.
- It could also mean she's a cheapskate.
CHUNK: Your Honor, this juror is also acceptable to the defense.
She is? What's he know that we don't know? I don't know.
He's Bull.
HUDSON: Ladies and gentlemen, we have our panel.
Juror number 30, I am appointing you foreperson.
Testimony begins first thing in the morning.
She asleep? Do you hear her crying? No.
Well, that's usually the giveaway.
Do you have any idea why I haven't heard from my brother all night? I mean, I've texted and I've called.
It's as if he's off the grid.
He's up first tomorrow.
He's probably at the office putting together his case.
Really? It's after 11:00.
The law is a cruel mistress.
If he's at the office, then why aren't you? Because I'm here with you.
(LAUGHS SOFTLY) HUDSON: Mr.
Colón, you may call your first witness.
Yes, Your Honor.
With the court's permission, the plaintiff would like to call Reggie Craven to the stand.
(DOOR OPENS) (QUIETLY): Who is this? Remember what I said.
We have to prove that Lily knowingly brought Claire into a dangerous situation.
Objection.
This is the first that the defense is hearing about this witness.
His name does not appear on any witness list.
And, frankly, I've never even heard of him.
This is a clear violation of the rules of discovery.
Is this true, Mr.
Colón? Did you fail to provide defense counsel with a complete witness list prior to the start of proceedings this morning? Your Honor, Mr.
Craven has been extremely difficult to locate.
He doesn't have a permanent address, and we weren't able to make contact with him until about two hours ago.
(QUIETLY): What a complete load of That's my name.
Don't wear it out.
- Shh.
- I'm going to take you at your word this time, Mr.
Colón.
But let's not make a habit of this.
Mr.
Palmer, let's swear the witness in, see what he has to say.
Then, if you feel you need extra time to prepare after direct examination, I promise, I will make an accommodation for that.
Thank you, Your Honor.
BENNY: Now, Mr.
Craven, you were one of the squatters at the warehouse where Claire Waters and Finn Danford lost their lives? Yes, sir.
I lived there for about three weeks.
Uh, but just so everybody's straight, I was there before the folks that died.
- So I never met Claire or Finn.
- Okay.
Duly noted.
But you lived there nonetheless.
Now, how did you hear about the place? Uh, Lily.
She told me about it.
BENNY: And how did you know Lily? Gallery shows.
Openings.
I'd bump into her all the time.
Turns out we both liked events that featured art, free wine and things you could eat.
BENNY: Now, after you moved in, did you see anything that gave you cause for concern? A lot, actually.
I mean, there were extension cords running between buildings, hanging out in the weather.
There was a rodent problem.
No bathroom, per se.
- It was pretty rugged.
- Anything else? Well, I mean, you couldn't miss the water stains on the ceiling.
Uh, there was actually a space where the ceiling was, uh, bowing.
Like-like, dripping down.
And, uh, it looked like water or something else had been collecting there for a long time.
And did you share your concerns with anyone? I-I told Lily.
Well, her bed was right underneath where the bulge was the biggest.
So I just didn't think it was safe.
Or smart.
So let me get this straight.
You told the defendant you thought the ceiling might be a hazard? I did.
(QUIETLY): No wonder they hid this guy from us.
BENNY: And what did the defendant do about it? Nothing, as far as I could tell.
Uh, that's why, when I got enough money to get out of there, I-I did.
Thank you, Mr.
Craven.
No further questions, Your Honor.
LILY: I don't know what he expected me to do.
I didn't own the place.
I didn't have any money.
And, besides, for all I knew, it could have been like that for a hundred years.
Mr.
Palmer? Are you prepared to cross-examine? (QUIETLY): Should we ask for more time? No.
Just ask him if he warned anyone else.
Be sure to use the word "warned.
" Let's paint him with the same brush he's using on Lily.
CHUNK: Mr.
Craven, you said that you saw Wh-what did you call it? The-the bowing in the ceiling and you warned Ms.
Knowles.
Yeah.
That's correct.
Who else did you warn about it? Excuse me? Who else did you warn about your concerns regarding the ceiling? No one? I need you to speak your answer for the record, sir.
No.
I just told Lily.
I figured that would be enough.
And why would you think that? If you thought there was imminent danger there, why wouldn't you warn everyone you could? Your other roommates.
Give them the same opportunity you took to get out of there and find another place to live.
I don't know.
I I told Lily.
I-I mean, she was in charge.
CHUNK: Was she? I thought this was supposed to be an artists' cooperative, a egalitarian commune, where everyone was all in it together.
Nice.
Now quit while you're ahead.
Objection.
Your Honor, maybe I missed it, but was there a question in there somewhere? Ask a question, Mr.
Palmer.
Tell her you have no more questions, thank the witness and sit down.
Absolutely, Your Honor.
The truth is, you thought that there was a problem with the roof, but you didn't do anything else about it, did you? Well Except leave.
Seems to me you're at least as culpable as my client.
Maybe even more so.
Objection! Your Honor! No foundation.
Badgering.
Again, I have to ask this question for the second time, what is the question?! Counsel is testifying! Sustained.
All sustained.
Mr.
Palmer, I will ask you one more time.
Stop making speeches, start asking questions.
Or I will dismiss the witness and hold you in contempt.
I do apologize, Your Honor.
As it happens, I have no further questions for this witness.
(EXHALES) Let's take a 15-minute break.
I don't believe for a second that he found that witness this morning.
Can you prove it? Then it doesn't matter.
Didn't anyone tell you? The law is a contact sport, too.
You got tackled.
He took you down.
Now get up.
It's your ball.
Your Honor, with the court's permission, the defense would like to call Denise Danford.
Scuse me.
Objection, Your Honor.
We have no information regarding this witness.
Her name is nowhere on the witness list.
Clearly, defense counsel is playing fast and loose with the rules of discovery.
Is this true? Did you not share this witness's name with opposing counsel? Unfortunately, Your Honor, Mrs.
Danford has been very, very difficult to locate.
But the good news is, after looking and looking, we were able to make contact with her this morning, shortly before trial.
Or I promise we would have given the opposing counsel plenty of notice.
I do hope that my esteemed colleague can find it in his heart to forgive me.
I'm sure he can.
Let's swear in the witness.
And as was the case when the shoe was on the other foot, Mr.
Colón, if you need extra time to prepare after direct examination, we will make an accommodation.
Thank you, Your Honor.
DENISE: Finn and I tried to talk every Sunday.
FaceTime.
For a while, it seemed like, every other call, he would mention this girl.
Claire.
And it was obvious from the way he talked about her that she was special.
Then at the end of his first semester junior year, we were gonna have a conversation about perhaps applying for another student loan.
And he told me not to worry about it.
That he was leaving school.
That he wanted to try living in New York.
And how did you feel about that? It scared me.
New York scared me.
(SHUDDERS) The first time I came to New York was to identify Finn's body.
This is my second time.
And I (SHUDDERS) I wasn't sure how he was gonna do it, how he was going to pay for it.
But he kept telling me not to worry about it.
(CHUCKLES) So I I tried my best not to.
And I sensed that he was in love.
So I knew he wasn't here alone.
Mrs.
Danford, your son died.
But you're not a party to this litigation.
Can you please tell the jury why? Because I don't think it's that girl's fault.
I'm sorry.
I mean, I I know we've never met, and I know we both lost our children.
But in my heart of hearts, I-I I just don't think that girl had anything to do with it.
Objection, Your Honor.
The witness is offering speculation as testimony and is addressing the plaintiff directly.
Please, Mrs.
Danford, just answer the lawyer's questions with the facts as you understand them.
And don't address the plaintiff directly.
I apologize.
CHUNK: So, Mrs.
Danford, who do you think is responsible for your son's death? I'm not sure anyone's responsible.
It seems like it was an accident.
I mean, if you're gonna hold anyone responsible, maybe it's the building inspectors.
But then they said the building was dangerous.
They ordered it locked.
It was locked.
So maybe it's the politicians.
What do you mean by "the politicians"? The government.
The people who are supposed to make sure this city is a place where everyone can live, not just rich people.
Your Honor, I have withheld my initial objections out of respect for Mrs.
Danford.
But, clearly, the defense is determined to go down this road.
So I have to ask how any of this is relevant to the issue at hand.
Objection sustained.
Uh, Mr.
Palmer, anything else? So, one last time, Mrs.
Danford, do you think that my client is responsible for your son's death? No.
In fact, I look at her and I see my son.
She was in the same boat as the rest of them, just doing the best she could.
Maybe making some unwise choices, but she meant no ill will towards anyone.
She was just trying to put a roof over people's heads.
Thank you, Mrs.
Danford.
No further questions.
(QUIETLY): I feel them slipping away.
(EXHALES) Is Danny en route? 20 minutes away.
CHUNK: So, when Reggie Craven pointed out the bowing in the ceiling, how did you react? Honestly? I thought "Okay.
" And, "What would you like me to do about it?" I didn't think that it was dangerous, just kind of ugly.
And truthfully, the whole place was ugly.
There were water stains everywhere.
The floor was uneven.
And you could feel the wind whip through every night.
I was much more worried that the neighbors would realize that we were stealing their electricity, and the space heaters would turn off.
I was much more worried that the coffee shop and the hotel down the street were getting smart to us and would stop letting us use their bathrooms.
But, I mean it was free, and we had space to paint and sculpt and sleep.
Thank you, Miss Knowles.
No further questions.
Good afternoon, Miss Knowles.
Good afternoon.
You know, it never crossed your mind after Reggie Craven pointed out what was going on above your head that maybe you know, you should get the hell out of there? I guess I'm stupid.
No.
It never occurred to me.
Maybe because I knew that none of us had anywhere else to go.
Mm-hmm.
Your Honor, with the court's permission, the plaintiffs would like to enter into evidence a series of text messages: Part of a group text between Miss Knowles and the two victims.
Your Honor, again? This is trial by ambush! Now, why is this not a violation of the rules of discovery, Mr.
Colón? (SIGHS) Truthfully, this is all my mistake, Your Honor.
It did not dawn on me to ask to see the late Miss Waters's cell phone until yesterday.
And it's taken from then until now for my investigator to unlock her phone and uncover the messages I'm about to share with you.
I apologize, and I'm happy to go about it in any way that pleases the court.
But I do think the jury's gonna want to hear the evidence I'm about to offer.
(QUIETLY): He's good, isn't he? CHUNK: And are we supposed to just take Mr.
Colón's word for it that these texts are genuine? As I mentioned a moment ago, this is a three-way conversation between Claire, her boyfriend Finn, and Miss Knowles.
All counsel has to do is reach out to his client and ask to see her cell phone.
Although I fully intend on asking her in a minute if she remembers sending and receiving those messages.
HUDSON: Since I don't know where you're going, Counsel, and since Miss Knowles is scheduled as our final witness, I feel I have no real choice but to let you proceed.
But, Mr.
Colón, be forewarned, if you stray outside the lines of legal propriety, I will cite you so fast it will make your head spin.
Understood, Your Honor.
Thank you.
Now, Miss Knowles (SIGHS) this here is a text message you sent to Claire Waters and Finn Danford before they moved into the warehouse.
Now, would you please read it to the court? "Hey, Claire and Finn.
"I've decided I'm moving my bed to a different part of the loft.
"I want you to sleep where I've been.
"It's far away from everyone else, and it will give the two of you some privacy.
" You remember sending that? Yeah.
I do.
Let me try to understand this.
You'd been sleeping underneath the bulge in the ceiling, but after Reggie Craven warned you about it, you moved your bed and offered that spot to my client's daughter and her boyfriend.
That's true, but But what? You discovered your life was in danger, and you protected yourself at the expense of two other people.
Objection.
Counsel is badgering the witness.
Overruled.
- The witness shall answer.
- That is what happened, isn't it? (CRYING): I made the move because they were a couple.
And it was the sleeping space that was the furthest from everybody else.
It was as simple as that.
I didn't know that there was gonna be a torrential rainstorm.
I didn't know that the roof was gonna cave in.
I was just trying to be nice.
Maybe you did and maybe you didn't.
But that is for the jury to decide.
Nothing further, Your Honor.
Benny owned that courtroom.
He's been at it a long time.
All the theatrics, the timing, the "we just found this witness," "we just found this evidence.
" He made that what the trial was about.
Mm.
The job is to win.
Yeah, well It just doesn't seem right.
How do you mean? If Evelyn loses, if his client loses, practically nothing changes in her life.
She gets to go home to the same 800-thread-count sheet she's been sleeping in for the past two decades.
But if Lily loses, if our client loses, everything changes.
She's staring at a mountain of debt, possibly a decade in prison, and I will have profoundly failed her.
Welcome to a life in the law, Counselor.
BULL: Yes? Any word? Ask the lawyer.
Nope.
Not a peep.
Three days.
What the heck could the jury be talking about for three days? I'm concerned they're debating how much pain to inflict on Lily.
As in how many dollars? As in how many millions.
Hard to deny a mother who's lost her only child.
Wow.
You're a big up.
Positively inspirational.
You know what they say.
"Expect the worst and you'll never be disappointed.
" You allow this kind of behavior in your office? I've been trying to talk sense into him all morning.
Look, we picked a good jury.
Foreperson looked like she was siding with us.
Judge instructed them to stick to the facts and the evidence.
Call me crazy, but I prefer to keep a good thought.
It's easy to find someone not guilty.
It's hard to find someone culpable, particularly when there are deaths involved.
You know, many people take no pleasure in ruining someone else's life.
That's why it takes juries a while to do it.
So you're pretty convinced they're gonna find Lily liable? I can't imagine what else they'd be talking about this whole time.
Wonder what Bull thinks.
Why don't you ask him? Jury's behind closed doors.
Both sides of the case have rested.
We're allowed to talk to each other now.
Well, I know.
I just I think we both just felt like the time to compare notes is after it's all over, after there's a verdict.
You spoken to Bull? Not yet.
I may walk upstairs in a little while.
(PHONE VIBRATES) Ooh.
Best laid plans Jury's back.
(GAVEL BANGS) HUDSON: Madam Foreperson, has the jury reached a verdict? We have.
How do you find? Your Honor, we wanted to avoid a deadlock, so we reached a compromise agreement.
We feel for both sides in this case, and so both sides won a little, and both sides lost a little, and Just render your verdict, please.
We find the defendant, Lily Knowles, liable for the death of Claire Waters.
And we assess the following financial damages, payable to Evelyn Waters, in the amount of one dollar.
(WHISPERS): This is good.
HUDSON: Ladies and gentlemen, the jury has spoken.
(WHISPERS): Loud and clear.
And we are adjourned.
(EXHALES) A.
D.
A.
Kiehl.
- You found me.
- I've been in court all day.
My boss just gave me a message from my sister that you were looking for me.
- (CLAPS HANDS) - I called your office, and they said you were here.
I literally just got the verdict and ran right over here.
Is this the roof-collapsing thing? The one where your firm is representing both sides of the case? Oh, yeah, that's the one.
Your side win? We did.
Jury found for the plaintiff.
Congratulations.
Oh, yeah.
Awarded her a whole dollar.
You working contingency? Mm, mm-mm.
No, God, no.
The other side was pro bono, so who knows how we'll make out at the end.
That sounds pretty nutty.
Yeah.
No.
It was kind of fun, actually.
It was the first time in a while I've flown solo, no Dr.
Bull flying the plane, just me, you know? I kind of dug it.
Mm.
But that can't be why you wanted to see me.
Mm.
Right.
So, I know we just had an election this year, so this is gonna sound a little bit strange, but, um, tomorrow morning you're gonna read that my boss, our current D.
A.
, is up to his ears in a campaign finance scandal.
It turns out he is the definition of dirty.
And so that means there's gonna be another election in April.
Oh, my God, I'm sorry, man.
Yeah, which, uh, brings me to the other thing.
Benny would you ever consider running to be the district attorney for the City of New York?
One of those scary, pounding rains where the wind makes it sound like a locomotive is right outside your window.
We were all asleep.
But even with the sound of the winds howling, there was all of a sudden this boom.
I thought that a helicopter or a plane had fallen into the building.
My friends Claire and Finn were lying in bed together when they were crushed by the weight of the beam as it crashed through the ceiling.
This building was built in the 1870s.
It was a cigar factory for 75 years.
Then it was a sweatshop for another 20 or so.
Then a import-export warehouse, I think.
Then about five years ago, the city came around and told the owner that he'd have to make a lot of improvements if he wanted to keep leasing the space.
Indoor plumbing, for one thing.
Decent heat and electric.
Owner said no.
Apparently, he lives in Asia somewhere.
So they've been in a standoff ever since.
CHUNK: And no one ever noticed a dozen squatters living in here? Lily did you know that your friend Claire came from a wealthy family? I had no idea.
I looked at the court papers.
You're the only one named.
The only one being sued.
Any idea why Claire's mother would single you out? I guess because I found the place, told everybody else about it.
Nah.
I think there's got to be more.
I'm worried that it's about something else.
Sometimes when people can't convince the district attorney to bring criminal charges, they'll file a civil suit.
Think of it as a dress rehearsal, a way that a plaintiff can convince a D.
A.
that there's a case worth trying here.
So what are you saying? I'm saying that if we don't win this first case, we might be looking at a second one, one where you're facing up to ten to 15 years in prison.
She was she was 19 years old.
She had her whole life in front of her.
Forgive me, Ms.
Waters, but clearly, you and your family do all right.
How did your late daughter wind up living in a rough neighborhood like Chinatown? My daughter and I were in a period of, uh, estrangement.
She she had decided to leave college in her sophomore year, and I decided that was not something I could support.
She wanted to be a painter.
She thought that college was a waste of time.
- I see.
- Her mind was made up, and so was mine.
I cut her off financially.
I-I wasn't trying to hurt her.
I was trying to shock her into reconsidering.
(SCOFFS SOFTLY) (QUIETLY): S-Stupid.
And the young man who died, Finn Danford, was he a boyfriend? I suppose.
Probably a big part of the reason she left school.
But as I say we were not speaking by that point.
Is this it? DRIVER: Yes, ma'am.
BENNY: The fire department gave me a key to the padlock, so EVELYN: I don't see any padlock.
Oh, my goodness.
Chunk? What are you doing here? I'm here with my client.
Lily Knowles.
Oh, my (SIGHS) I think we may have a problem here.
This is my client, Claire Waters's mother, Evelyn Waters.
Oh, my God, M-Mrs.
Waters, I'm so sorry.
I No, no, no, that-that's enough.
That's enough.
Ms.
Waters, I have to tell you something.
Mr.
Palmer here and I are not just friends.
We're colleagues.
We work at the same firm.
I don't understand.
- Neither do I.
- Well the short version is I'm afraid we might be staring at a conflict of interest.
Who might be? All of us.
BENNY: In my 20-some-odd years of doing this for a living, I can honestly say that I have never, ever been as professionally embarrassed as I was this morning.
I-I I truly did not know what to say to that woman.
Just tell her that you're sorry for wasting her time, but your esteemed colleague got there first.
Case closed! Chunk! BENNY: All I know is, I got a call last night from an attorney friend of mine.
He has a very wealthy client whose daughter died in a tragic accident.
They went to the D.
A.
's office hoping to file some criminal charges.
The D.
A.
demurred, suggested they file a civil suit and recommended me and this firm as the right folks to get the job done.
Ah.
I like the sound of that.
Mr.
Palmer? I was just doing what you told me to do.
And what was that? Remember? You said to me, "I'm thrilled to add you to the roster as an attorney, "but, uh, no one's walking in the door asking for you.
"No one knows you exist.
"So for the foreseeable future, "I'm gonna assign you some cases, "I'm gonna throw you some pro bono work.
"But what you really should do is get out there and hustle.
"Anything to get in a courtroom.
"Anything to help the legal community see you in action.
" And that's your hustle? A squatter who basically led a young couple to their death by allowing them to live in a building that the city declared wasn't fit for occupancy.
I thought the idea was to bring in cases we can win.
That "squatter" has a name.
Lily Knowles was referred to me by an organization called New York Artists for the Future.
I did some work for them in the law clinic at school, so when the situation came up, they asked if I could help.
A-And by the way, this is exactly the kind of case you were talking to me about.
And I happen to think that this is a completely winnable case.
The girl is being set up.
She has no legal culpability for those two deaths.
Well, that's for the jury to decide.
And you seem to be forgetting: My client is the aggrieved party here.
First of all, you don't have a client.
Neither one of us does until this man says so.
And as far as aggrieved goes, that woman is worth a couple hundred million dollars, and she's suing a kid who doesn't have a pot to Her daughter is dead! And since you're bringing up her money, this is probably as good a time as any to remind everyone that she's actually prepared to pay for our services.
Something I strongly suspect your client is not.
The man makes a particularly cogent point.
Look, I'm worried that if I don't defend this girl and get her acquitted, she's gonna be facing a lifetime of debt Not to mention what happens if they decide to bring criminal charges.
Do you honestly think you're the only person that can possibly represent her? No.
But I do believe that I can get her acquitted.
I believe in her.
And I believe she's being unfairly prosecuted.
Come on.
That warehouse was a death trap.
She had no business enticing people to live there.
She was trying to foster a community of artists.
She was trying to live rent-free with her friends in a place she had no claim to! Man, you are so cold! I'm cold? You're naive! This isn't legal aid.
People are supposed to pay for the privilege of having us represent them.
And it's actually good for business if they're innocent.
Enough! I have no idea what to do here.
Chunk, how much work have you done on this? We talked on the phone briefly a couple of times earlier this week.
Short calls.
Finally met face-to-face this morning.
I spoke with Evelyn for the first time two hours ago.
Well, then I have no choice We have to go with Chunk, otherwise we're conflicted out.
Here's a crazy idea.
I mean, what if TAC did represent both clients? Benny, you know as well as I do the likelihood of the court going along with something like that is one in a million.
You don't know until you ask.
More importantly, your client is never gonna go for it.
Why should she pay you, knowing we are representing her opponent and doing it for free? All excellent arguments.
I'm just asking for permission to try.
Fine.
If you can get the courts and all the principals to agree, then TAC will be happy - to represent both sides.
- Could happen.
Right after that blizzard in hell.
Hey, did you see that pig just fly by? I would feel like a fool going into court under these circumstances.
I know how it sounds.
I know how it feels.
But I would be remiss if I didn't point out to you that there are certain benefits going to court with someone who knows the other side so well, someone who can predict their every move before they make it.
Be that as it may See, the first thing that will happen is, the defense will file a motion to sever.
That means they'll try and force you to have three separate trials One against the city, one against the property owner, and one against Lily.
And then there's the Friday trick.
What's the Friday trick? Chester Palmer he's the attorney representing Lily Will say he has a scheduling conflict.
He'll ask for the trial to commence on a Friday.
- So? - Worst day for a plaintiff, for you to start.
You'd much rather start on a Monday.
That way, you have five days to build momentum.
You want to rest your case on a Friday, so the jury has all weekend to think about it.
Then they'll be more likely to form an opinion that's favorable to your side.
Chester Palmer sounds like a very smart man.
Well, he learned from the best.
Oh.
One more thing.
The other side will try to maneuver so that the case appears in front of a defense-friendly judge, someone more inclined to rule in their favor, give them the benefit of a doubt.
Now, I'm thinking Judge Tessa Hudson.
We've stood before her many times, and I happen to know she's up in the rotation.
Judge Tessa Hudson.
- (GAVEL BANGING) - Good morning.
Just so everybody understands how the COVID of it all works in my courtroom, I am behind plexiglass and I am socially distanced from everyone, so please don't let the fact that I am not wearing a mask cause you any concern.
Witnesses are also seated behind plexiglass and are socially distanced.
We feel it's important for the jurors to see their entire faces.
Jurors are behind plexiglass and are required to wear masks because even though they are socially distanced, they are in a congregant group.
And we are determined to keep them as safe as is humanly possible.
As for the defense and plaintiff tables, whether or not you wear a mask is totally up to you and your clients.
You are far enough away that proximity should not pose an issue.
The only other rule for you is no more than two people at the table Presumably the principal attorney and the client.
All right, let's see if we can come to some kind of consensus on a trial date.
If it pleases the court, Your Honor, my schedule is pretty tight this week.
I'd ask the court's indulgence that I be able to impanel on Thursday and begin the trial on Friday.
HUDSON: All right.
There's no objection from the plaintiff, I assume? Well, actually, we'd prefer to start earlier in the week.
Speak plainly, Counsel.
Are you not available on Friday? - I am, but - Okay, Friday it is.
Splendid.
Now, does the defense wish to be heard on the motion to sever? Your Honor obviously my client's defense is in direct conflict with the other two defendants The building owner and the city.
One is basically an impoverished individual with no direct responsibility for the condition of the building, whereas the other two are substantial entities with access to abundant resources.
Holding all three trials together would absolutely pose undue prejudice.
I would agree with you, Mr.
Palmer.
The motion to sever is allowed.
Very well then.
Our next order of business Uh excuse me? Ms.
Waters, where are you going? This is your trial.
We're all here because of you.
I'm sorry, Judge Hudson.
Uh, please feel free to continue.
I have to make a phone call.
HUDSON: Okay run this by me again.
You want to change counsel - one day in? - I do.
- And you want? - BENNY: I am seeking the court's permission to file an appearance.
- Uh-huh.
- As you well know, I'm employed by Dr.
Jason Bull of the Trial Analysis Corporation, and so is Mr.
Palmer, - who is representing the defendant.
- Ah.
Isn't this cozy? A little, perhaps, yes, but I just want to state for the record that I've had no contact with Mr.
Palmer's client.
I've not done any work on her case.
In fact, I didn't even know that anyone from my firm had ever even spoken to the defendant until after I agreed to represent Ms.
Waters.
BULL: Your Honor, our firm is prepared to avoid any and all conflicts of interest.
We will happily divide up our resources and our staff, and if necessary, even the office space itself.
In addition, pursuant to the New York Rules of Professional Conduct, Section 1.
7, I have informed my client of her rights, and she has signed a notice of informed consent.
And my client has signed a similar document.
Miss Knowles, while you cannot select who represents Ms.
Waters, you are entitled to a lawyer free of any potential conflict.
Your Honor, I-I want Mr.
Palmer to be my attorney.
I trust him.
He gets me.
And plus, he's working for free.
Oh.
Ms.
Waters, what was wrong with the lawyer who accompanied you in court yesterday at the motions hearing? Nothing.
He's just not the best, and Mr.
Colón, in my opinion, is.
Uh-huh.
That was subtle.
Well, if, uh, everybody's in agreement, I'm not gonna stand in your way.
The motion is allowed.
BULL: In order for this to work, it's absolutely crucial that there be no sharing of information.
Marissa, I need you to figure out a way to firewall the console so each team will only have access to their data.
I can do that.
Each side'll have their own password, and I'll make it so everyone can log in remotely from their laptops and tablets so no one's huddled around the monitors in the war room.
Great.
Benny, since you are the more experienced attorney, I'm assigning myself to Chunk's team.
Fine.
I'll take Marissa and Danny then.
Sorry, Taylor.
It's fine.
I like hanging with the boys.
BULL: And, Chunk, if you're good with it, we'll make my office our workspace? Room with a view? Solid.
Benny, if you don't mind working down here? Works for me.
All right.
All right, Chunk, it's your party.
How do you want to start? Well, obviously, voir dire is the first order of business.
Since you've done that a thousand more times than I have, what do you think the play is? We need to find jurors who are open to the idea that what happened was simply beyond Lily's control.
Which it was.
That's right.
In a perfect world, I'd want to seat intentionalists and deselect consequentialists.
One more time, for those of us who don't speak PhD? We want people who will focus not on what happened, but Lily's intent.
Which was to create housing for her fellow artists and build a sense of community.
So I have a question.
Claire's boyfriend died in the accident, too.
Why aren't his parents part of this lawsuit? That is an excellent question.
On it.
(CLEARS THROAT) BENNY: We are suing for wrongful death, which means we have to prove Lily knowingly brought Claire into a dangerous situation.
If I know Bull, he is gonna convince Chunk to argue that Lily was no different than any of the other squatters, that she's no more culpable than the rest of them, that in fact, she could have just as easily been underneath that beam as Evelyn's daughter.
Of course that's what he's gonna do.
You know what my grandmother used to say? "Be careful when you point a finger at someone.
You'll discover there's three fingers pointing back at you.
" Come to think of it, we need jurors like your grandmother.
People who think this Lily girl set everything into motion by breaking into that building and inviting others to join her.
Breaking the law and inviting others to join her.
People who take responsibility for their own actions - and expect others to do the same.
- Yup.
We need to get rid of anyone who plays the blame game.
Good morning, ladies and gentlemen.
Okay.
Let me ask you a question.
Anybody here unhappy at work? All right.
Juror number three, let's start with you.
So, you are unhappy at your job? Well, let's just say I made some bad choices when I was younger.
I was too interested in partying, having fun.
I should have focused more on school.
She's self-aware, takes responsibility for her flaws.
I like her.
Not blaming anyone else, for where she is in life.
Sounds like just the person we are looking for.
This juror is acceptable to the plaintiff, Your Honor.
She's exactly who they're looking for.
Your Honor, with your permission, we would like to thank and excuse juror number three.
Who here has ever offered to water your neighbor's plants, maybe take in their mail while they're on vacation? Juror number 17.
Neighbor of the year.
Tell us your story.
No story.
I just agreed to feed my neighbor's cat when he went to the Jersey Shore a few weeks ago.
That was awfully nice of you.
So let me, uh, ask you this hypothetical.
You're-you're in the apartment, you're feeding the cat.
You accidentally break a vase.
What would you do? Well, I don't know.
I mean does he know I did it? Maybe the cat knocked it over.
Great.
We got a comedian.
Taylor, talk to me.
He's a dentist, sole practitioner.
And an avid mountain climber.
Okay.
That helps clarify things.
He's an individualist, which means he'll be more likely to buy Benny's theory of personal responsibility.
We'd like to thank and excuse this juror.
And what about you? Let's say you broke the vase.
Well, then, I'd certainly offer to pay for it.
Now, would it make me a bad person if I secretly hope my neighbor says, "Don't worry about it"? No.
As long as you're willing to step up.
This juror is acceptable to the plaintiff, Your Honor.
I'll kick her.
Let's not throw out the baby with the bathwater.
I liked her answer.
She was being honest almost to a fault.
Taylor, tell me something I don't know about this lady.
Well, her Insta's filled with pictures of gifts she sends to her kids and grandkids for their birthdays.
Everything's homemade, everything individual and personalized.
I knew it.
Sounds like she's an intentionalist.
What is that again? Someone for whom the intention of the deed is more important - than the outcome.
- It could also mean she's a cheapskate.
CHUNK: Your Honor, this juror is also acceptable to the defense.
She is? What's he know that we don't know? I don't know.
He's Bull.
HUDSON: Ladies and gentlemen, we have our panel.
Juror number 30, I am appointing you foreperson.
Testimony begins first thing in the morning.
She asleep? Do you hear her crying? No.
Well, that's usually the giveaway.
Do you have any idea why I haven't heard from my brother all night? I mean, I've texted and I've called.
It's as if he's off the grid.
He's up first tomorrow.
He's probably at the office putting together his case.
Really? It's after 11:00.
The law is a cruel mistress.
If he's at the office, then why aren't you? Because I'm here with you.
(LAUGHS SOFTLY) HUDSON: Mr.
Colón, you may call your first witness.
Yes, Your Honor.
With the court's permission, the plaintiff would like to call Reggie Craven to the stand.
(DOOR OPENS) (QUIETLY): Who is this? Remember what I said.
We have to prove that Lily knowingly brought Claire into a dangerous situation.
Objection.
This is the first that the defense is hearing about this witness.
His name does not appear on any witness list.
And, frankly, I've never even heard of him.
This is a clear violation of the rules of discovery.
Is this true, Mr.
Colón? Did you fail to provide defense counsel with a complete witness list prior to the start of proceedings this morning? Your Honor, Mr.
Craven has been extremely difficult to locate.
He doesn't have a permanent address, and we weren't able to make contact with him until about two hours ago.
(QUIETLY): What a complete load of That's my name.
Don't wear it out.
- Shh.
- I'm going to take you at your word this time, Mr.
Colón.
But let's not make a habit of this.
Mr.
Palmer, let's swear the witness in, see what he has to say.
Then, if you feel you need extra time to prepare after direct examination, I promise, I will make an accommodation for that.
Thank you, Your Honor.
BENNY: Now, Mr.
Craven, you were one of the squatters at the warehouse where Claire Waters and Finn Danford lost their lives? Yes, sir.
I lived there for about three weeks.
Uh, but just so everybody's straight, I was there before the folks that died.
- So I never met Claire or Finn.
- Okay.
Duly noted.
But you lived there nonetheless.
Now, how did you hear about the place? Uh, Lily.
She told me about it.
BENNY: And how did you know Lily? Gallery shows.
Openings.
I'd bump into her all the time.
Turns out we both liked events that featured art, free wine and things you could eat.
BENNY: Now, after you moved in, did you see anything that gave you cause for concern? A lot, actually.
I mean, there were extension cords running between buildings, hanging out in the weather.
There was a rodent problem.
No bathroom, per se.
- It was pretty rugged.
- Anything else? Well, I mean, you couldn't miss the water stains on the ceiling.
Uh, there was actually a space where the ceiling was, uh, bowing.
Like-like, dripping down.
And, uh, it looked like water or something else had been collecting there for a long time.
And did you share your concerns with anyone? I-I told Lily.
Well, her bed was right underneath where the bulge was the biggest.
So I just didn't think it was safe.
Or smart.
So let me get this straight.
You told the defendant you thought the ceiling might be a hazard? I did.
(QUIETLY): No wonder they hid this guy from us.
BENNY: And what did the defendant do about it? Nothing, as far as I could tell.
Uh, that's why, when I got enough money to get out of there, I-I did.
Thank you, Mr.
Craven.
No further questions, Your Honor.
LILY: I don't know what he expected me to do.
I didn't own the place.
I didn't have any money.
And, besides, for all I knew, it could have been like that for a hundred years.
Mr.
Palmer? Are you prepared to cross-examine? (QUIETLY): Should we ask for more time? No.
Just ask him if he warned anyone else.
Be sure to use the word "warned.
" Let's paint him with the same brush he's using on Lily.
CHUNK: Mr.
Craven, you said that you saw Wh-what did you call it? The-the bowing in the ceiling and you warned Ms.
Knowles.
Yeah.
That's correct.
Who else did you warn about it? Excuse me? Who else did you warn about your concerns regarding the ceiling? No one? I need you to speak your answer for the record, sir.
No.
I just told Lily.
I figured that would be enough.
And why would you think that? If you thought there was imminent danger there, why wouldn't you warn everyone you could? Your other roommates.
Give them the same opportunity you took to get out of there and find another place to live.
I don't know.
I I told Lily.
I-I mean, she was in charge.
CHUNK: Was she? I thought this was supposed to be an artists' cooperative, a egalitarian commune, where everyone was all in it together.
Nice.
Now quit while you're ahead.
Objection.
Your Honor, maybe I missed it, but was there a question in there somewhere? Ask a question, Mr.
Palmer.
Tell her you have no more questions, thank the witness and sit down.
Absolutely, Your Honor.
The truth is, you thought that there was a problem with the roof, but you didn't do anything else about it, did you? Well Except leave.
Seems to me you're at least as culpable as my client.
Maybe even more so.
Objection! Your Honor! No foundation.
Badgering.
Again, I have to ask this question for the second time, what is the question?! Counsel is testifying! Sustained.
All sustained.
Mr.
Palmer, I will ask you one more time.
Stop making speeches, start asking questions.
Or I will dismiss the witness and hold you in contempt.
I do apologize, Your Honor.
As it happens, I have no further questions for this witness.
(EXHALES) Let's take a 15-minute break.
I don't believe for a second that he found that witness this morning.
Can you prove it? Then it doesn't matter.
Didn't anyone tell you? The law is a contact sport, too.
You got tackled.
He took you down.
Now get up.
It's your ball.
Your Honor, with the court's permission, the defense would like to call Denise Danford.
Scuse me.
Objection, Your Honor.
We have no information regarding this witness.
Her name is nowhere on the witness list.
Clearly, defense counsel is playing fast and loose with the rules of discovery.
Is this true? Did you not share this witness's name with opposing counsel? Unfortunately, Your Honor, Mrs.
Danford has been very, very difficult to locate.
But the good news is, after looking and looking, we were able to make contact with her this morning, shortly before trial.
Or I promise we would have given the opposing counsel plenty of notice.
I do hope that my esteemed colleague can find it in his heart to forgive me.
I'm sure he can.
Let's swear in the witness.
And as was the case when the shoe was on the other foot, Mr.
Colón, if you need extra time to prepare after direct examination, we will make an accommodation.
Thank you, Your Honor.
DENISE: Finn and I tried to talk every Sunday.
FaceTime.
For a while, it seemed like, every other call, he would mention this girl.
Claire.
And it was obvious from the way he talked about her that she was special.
Then at the end of his first semester junior year, we were gonna have a conversation about perhaps applying for another student loan.
And he told me not to worry about it.
That he was leaving school.
That he wanted to try living in New York.
And how did you feel about that? It scared me.
New York scared me.
(SHUDDERS) The first time I came to New York was to identify Finn's body.
This is my second time.
And I (SHUDDERS) I wasn't sure how he was gonna do it, how he was going to pay for it.
But he kept telling me not to worry about it.
(CHUCKLES) So I I tried my best not to.
And I sensed that he was in love.
So I knew he wasn't here alone.
Mrs.
Danford, your son died.
But you're not a party to this litigation.
Can you please tell the jury why? Because I don't think it's that girl's fault.
I'm sorry.
I mean, I I know we've never met, and I know we both lost our children.
But in my heart of hearts, I-I I just don't think that girl had anything to do with it.
Objection, Your Honor.
The witness is offering speculation as testimony and is addressing the plaintiff directly.
Please, Mrs.
Danford, just answer the lawyer's questions with the facts as you understand them.
And don't address the plaintiff directly.
I apologize.
CHUNK: So, Mrs.
Danford, who do you think is responsible for your son's death? I'm not sure anyone's responsible.
It seems like it was an accident.
I mean, if you're gonna hold anyone responsible, maybe it's the building inspectors.
But then they said the building was dangerous.
They ordered it locked.
It was locked.
So maybe it's the politicians.
What do you mean by "the politicians"? The government.
The people who are supposed to make sure this city is a place where everyone can live, not just rich people.
Your Honor, I have withheld my initial objections out of respect for Mrs.
Danford.
But, clearly, the defense is determined to go down this road.
So I have to ask how any of this is relevant to the issue at hand.
Objection sustained.
Uh, Mr.
Palmer, anything else? So, one last time, Mrs.
Danford, do you think that my client is responsible for your son's death? No.
In fact, I look at her and I see my son.
She was in the same boat as the rest of them, just doing the best she could.
Maybe making some unwise choices, but she meant no ill will towards anyone.
She was just trying to put a roof over people's heads.
Thank you, Mrs.
Danford.
No further questions.
(QUIETLY): I feel them slipping away.
(EXHALES) Is Danny en route? 20 minutes away.
CHUNK: So, when Reggie Craven pointed out the bowing in the ceiling, how did you react? Honestly? I thought "Okay.
" And, "What would you like me to do about it?" I didn't think that it was dangerous, just kind of ugly.
And truthfully, the whole place was ugly.
There were water stains everywhere.
The floor was uneven.
And you could feel the wind whip through every night.
I was much more worried that the neighbors would realize that we were stealing their electricity, and the space heaters would turn off.
I was much more worried that the coffee shop and the hotel down the street were getting smart to us and would stop letting us use their bathrooms.
But, I mean it was free, and we had space to paint and sculpt and sleep.
Thank you, Miss Knowles.
No further questions.
Good afternoon, Miss Knowles.
Good afternoon.
You know, it never crossed your mind after Reggie Craven pointed out what was going on above your head that maybe you know, you should get the hell out of there? I guess I'm stupid.
No.
It never occurred to me.
Maybe because I knew that none of us had anywhere else to go.
Mm-hmm.
Your Honor, with the court's permission, the plaintiffs would like to enter into evidence a series of text messages: Part of a group text between Miss Knowles and the two victims.
Your Honor, again? This is trial by ambush! Now, why is this not a violation of the rules of discovery, Mr.
Colón? (SIGHS) Truthfully, this is all my mistake, Your Honor.
It did not dawn on me to ask to see the late Miss Waters's cell phone until yesterday.
And it's taken from then until now for my investigator to unlock her phone and uncover the messages I'm about to share with you.
I apologize, and I'm happy to go about it in any way that pleases the court.
But I do think the jury's gonna want to hear the evidence I'm about to offer.
(QUIETLY): He's good, isn't he? CHUNK: And are we supposed to just take Mr.
Colón's word for it that these texts are genuine? As I mentioned a moment ago, this is a three-way conversation between Claire, her boyfriend Finn, and Miss Knowles.
All counsel has to do is reach out to his client and ask to see her cell phone.
Although I fully intend on asking her in a minute if she remembers sending and receiving those messages.
HUDSON: Since I don't know where you're going, Counsel, and since Miss Knowles is scheduled as our final witness, I feel I have no real choice but to let you proceed.
But, Mr.
Colón, be forewarned, if you stray outside the lines of legal propriety, I will cite you so fast it will make your head spin.
Understood, Your Honor.
Thank you.
Now, Miss Knowles (SIGHS) this here is a text message you sent to Claire Waters and Finn Danford before they moved into the warehouse.
Now, would you please read it to the court? "Hey, Claire and Finn.
"I've decided I'm moving my bed to a different part of the loft.
"I want you to sleep where I've been.
"It's far away from everyone else, and it will give the two of you some privacy.
" You remember sending that? Yeah.
I do.
Let me try to understand this.
You'd been sleeping underneath the bulge in the ceiling, but after Reggie Craven warned you about it, you moved your bed and offered that spot to my client's daughter and her boyfriend.
That's true, but But what? You discovered your life was in danger, and you protected yourself at the expense of two other people.
Objection.
Counsel is badgering the witness.
Overruled.
- The witness shall answer.
- That is what happened, isn't it? (CRYING): I made the move because they were a couple.
And it was the sleeping space that was the furthest from everybody else.
It was as simple as that.
I didn't know that there was gonna be a torrential rainstorm.
I didn't know that the roof was gonna cave in.
I was just trying to be nice.
Maybe you did and maybe you didn't.
But that is for the jury to decide.
Nothing further, Your Honor.
Benny owned that courtroom.
He's been at it a long time.
All the theatrics, the timing, the "we just found this witness," "we just found this evidence.
" He made that what the trial was about.
Mm.
The job is to win.
Yeah, well It just doesn't seem right.
How do you mean? If Evelyn loses, if his client loses, practically nothing changes in her life.
She gets to go home to the same 800-thread-count sheet she's been sleeping in for the past two decades.
But if Lily loses, if our client loses, everything changes.
She's staring at a mountain of debt, possibly a decade in prison, and I will have profoundly failed her.
Welcome to a life in the law, Counselor.
BULL: Yes? Any word? Ask the lawyer.
Nope.
Not a peep.
Three days.
What the heck could the jury be talking about for three days? I'm concerned they're debating how much pain to inflict on Lily.
As in how many dollars? As in how many millions.
Hard to deny a mother who's lost her only child.
Wow.
You're a big up.
Positively inspirational.
You know what they say.
"Expect the worst and you'll never be disappointed.
" You allow this kind of behavior in your office? I've been trying to talk sense into him all morning.
Look, we picked a good jury.
Foreperson looked like she was siding with us.
Judge instructed them to stick to the facts and the evidence.
Call me crazy, but I prefer to keep a good thought.
It's easy to find someone not guilty.
It's hard to find someone culpable, particularly when there are deaths involved.
You know, many people take no pleasure in ruining someone else's life.
That's why it takes juries a while to do it.
So you're pretty convinced they're gonna find Lily liable? I can't imagine what else they'd be talking about this whole time.
Wonder what Bull thinks.
Why don't you ask him? Jury's behind closed doors.
Both sides of the case have rested.
We're allowed to talk to each other now.
Well, I know.
I just I think we both just felt like the time to compare notes is after it's all over, after there's a verdict.
You spoken to Bull? Not yet.
I may walk upstairs in a little while.
(PHONE VIBRATES) Ooh.
Best laid plans Jury's back.
(GAVEL BANGS) HUDSON: Madam Foreperson, has the jury reached a verdict? We have.
How do you find? Your Honor, we wanted to avoid a deadlock, so we reached a compromise agreement.
We feel for both sides in this case, and so both sides won a little, and both sides lost a little, and Just render your verdict, please.
We find the defendant, Lily Knowles, liable for the death of Claire Waters.
And we assess the following financial damages, payable to Evelyn Waters, in the amount of one dollar.
(WHISPERS): This is good.
HUDSON: Ladies and gentlemen, the jury has spoken.
(WHISPERS): Loud and clear.
And we are adjourned.
(EXHALES) A.
D.
A.
Kiehl.
- You found me.
- I've been in court all day.
My boss just gave me a message from my sister that you were looking for me.
- (CLAPS HANDS) - I called your office, and they said you were here.
I literally just got the verdict and ran right over here.
Is this the roof-collapsing thing? The one where your firm is representing both sides of the case? Oh, yeah, that's the one.
Your side win? We did.
Jury found for the plaintiff.
Congratulations.
Oh, yeah.
Awarded her a whole dollar.
You working contingency? Mm, mm-mm.
No, God, no.
The other side was pro bono, so who knows how we'll make out at the end.
That sounds pretty nutty.
Yeah.
No.
It was kind of fun, actually.
It was the first time in a while I've flown solo, no Dr.
Bull flying the plane, just me, you know? I kind of dug it.
Mm.
But that can't be why you wanted to see me.
Mm.
Right.
So, I know we just had an election this year, so this is gonna sound a little bit strange, but, um, tomorrow morning you're gonna read that my boss, our current D.
A.
, is up to his ears in a campaign finance scandal.
It turns out he is the definition of dirty.
And so that means there's gonna be another election in April.
Oh, my God, I'm sorry, man.
Yeah, which, uh, brings me to the other thing.
Benny would you ever consider running to be the district attorney for the City of New York?