Proven Innocent (2019) s01e09 Episode Script

Acceptable Losses

1 Previously on Proven Innocent Did you know about this whole Adderall ring? LINDA: Yeah.
Just let it go.
An innocent East Cleve man, Davon Watkins, is on death row for murdering a cop.
Never tried a death penalty case before.
I will grant Davon Watkins a stay of execution.
But what does that mean, really? We didn't get you out just yet, but keeping you alive means we can.
- Thank you.
- And we'll keep tabs on you, Davon.
If you need anything, we're just a phone call away.
Hi, Mom.
How are you? I just called to tell you that I'm bisexual and I'm dating a woman.
[DOOR OPENS] [DOOR CREAKS] [DOOR SLAMS SHUT] Someone there? Hello? [GRUNTING] [GASPING] [LOCK BUZZES, LATCH CLICKS] [EXHALES] My whole family can't wait to meet you.
Especially my mom.
Yeah, I told her.
You okay? I'm just a little on edge.
It's gonna be fine.
This week has got to be the longest week of my life.
What's the first thing you want to do when you get out? What are we eating first? No, stop.
You're gonna jinx it.
Not a chance.
You haven't been written up in five years.
You took a leadership role in the kitchen.
You have amazing, intelligent, charming character witnesses, - like me.
- You forgot "overconfident," "long-winded" and "incredibly sexy.
" You think I'm a sexy character witness? Oh, yes, definitely.
[GROANS] It's gonna go great.
Okay.
VIOLET: Hi.
May I help you? I'm Sophia Hernandez.
This is my husband Eduardo.
We're looking for Madeline Scott.
Do you have an appointment? - [SPEAKS SPANISH] - No, no.
- [SPEAKING SPANISH] - [MOUTHS] Madeline Scott, this is Sophia and Eduardo Hernandez.
- Mucho gusto.
- Mucho gusto, señor.
Ms.
Scott, it's an honor.
We know everything about your case, about how you wrote to all those lawyers.
- It was remarkable.
- Thank you.
Our son Daniel is remarkable, too.
He has been locked up for 25 years.
They said he raped and murdered a girl.
SOPHIA: He's innocent, and he's got the DNA to prove it.
After my court-appointed lawyer screwed up my case, I, uh, spent about five years feeling sorry for myself.
And then decided, hell, I'll just do it on my own.
So I got my bachelor's degree, read everything about the law that I could.
Even took the LSATs.
Sounds familiar.
MADELINE: You were convicted of the rape and murder of Janet Dale.
It's not true.
None of it.
I never even met her.
But you were found in the same bedroom as her dead body.
At the Phi Kappa Delta fraternity.
So, tell us what happened that night.
This guy I knew, Eddie DuBar, he invited me.
I was still in high school.
Me and my buddies, we, um we got into all the frat parties 'cause well, we had the best weed.
Look, I'm not gonna lie.
I I got totally wasted.
Passed out behind some bed.
The next morning, the cops wake me up, and there's Janet's body, half-naked.
And the police arrested you right away? Right on the spot.
But I swear I didn't rape or murder anyone.
I knew I had to test the DNA they found inside Janet Dale.
There's no way that that matches me.
And I was right.
So the rape kit doesn't match your DNA? Not even close.
That should be enough to turn over my conviction? No rape, no murder.
It's as solid a case as we've seen.
Yeah, you did great.
Now you have two wrongful conviction lawyers to help take it over the finish line.
There are about a million ways to wind up in prison but only four ways to get out.
You serve your sentence, you get paroled, you leave in a body bag, or our personal favorite you get exonerated.
For the wrongfully convicted, a good lawyer is a necessity, and it can make all the difference in the world.
But, represented or not, a prisoner's last resort is hope.
Hope that there's a way out.
This is amazing.
From now on, let's only take cases where the client's already done all the work for us.
And what would you do with your free time? Learn to knit.
EASY: Now, Daniel's conviction was based solely on circumstantial evidence.
Right.
No injuries consistent with a struggle and no eyewitnesses to the rape or murder.
And the best part? We drew an ace with our assignment.
Judge Elijah Fry will hear our petition.
- Nice.
- What am I missing? EASY: Elijah Fry is the greatest legal mind of our era.
The Cardozo of Chicago.
He also happens to be Easy's mentor, teacher, guide, and inspiration, all rolled into one.
The man made me the lawyer I am today.
He taught me that truth, justice and honesty are more important than anything else.
Cool.
So we got an in.
Guys, we have a problem.
Amina, what's going on? Is Davon okay? He's back on death row.
I was in Madison when I heard.
I drove here straightaway.
I don't understand.
What happened? AMINA: The State of Ohio is saying that any death row inmate without an actual pending appeal will be put to death as soon as possible.
Why? Ohio's death drugs are about to expire.
So instead of delaying the death penalties, they're speeding up the ones they can.
They are rushing the executions so they can use the drugs they do have before they expire.
Same thing happened in Arkansas a few years ago.
AMINA: In Ohio, 16 of 127 men on death row have had their execution dates moved up.
Davon's one of them.
Davon is different.
He has a stay.
The Ohio Court of Appeals vacated Davon's stay, in support of the legislature.
We're gonna fight this.
Will you excuse us? - I have to go to Ohio.
- Look, I know.
I'll take the Daniel Hernandez case.
Shouldn't take long.
- I'll see you right after.
- Yeah.
JUDGE FRY: Good to see you, Mr.
Boudreau.
Always a pleasure, Your Honor.
Counsel, Mr.
Boudreau was a student of mine in law school.
That was many years ago.
I assume the State has no objection.
Of course not, Judge.
I also gather, from petitioner's papers, there's a serious problem with Mr.
, uh, Mr.
Hernandez's DNA.
The DNA from the semen recovered from the victim's body is not his.
I thought this was a murder case.
It is, Your Honor.
Murder, with an associated rape charge.
Your Honor, the State requests 90 days to perform its own tests.
No.
I don't see any need for further tests.
I'm prepared to rule now.
Petitioner's DNA being the sole evidence in the State's case in support of the rape charge, this court grants petitioner's motion to dismiss count one of the indictment and vacates said rape conviction.
Counsel, was there something else? The murder conviction, Judge.
Oh, yes, of course.
Well, the murder charge stands.
[GALLERY MURMURING] All due respect, Judge, the two charges are inseparable.
My client didn't rape Ms.
Dale, he also didn't murder her.
Can't have one without the other.
FRY: Of course you can.
The DNA has zero bearing on the murder.
Your Honor, Illinois case law clearly holds the opposite: "The inextricability of rape and murder counts almost inevitably requires the dismissal of both.
" The key word being "almost.
" That's enough, Ezekiel, you have my ruling.
I've never heard of separating two charges out like that.
So what now? We file an appeal? Judge Fry is brilliant and respected.
He's been overruled exactly twice in 32 years on the bench.
- But he's wrong.
- I know that.
We just have to prove it.
- [DANIEL SCOFFS] - OFFICER: Come on, let's go.
[INDISTINCT VOICE OVER LOUDSPEAKER] Three days ago, the guards grabbed me from gen pop and threw me back on death row.
They didn't tell me why or what was happening.
They-they treat Davon terribly.
It's better now, Grandma.
Maybe 'cause they know I'm gonna be dead soon.
You need to stop saying that.
We have a favorable ruling from a judge, Davon, and a sworn affidavit from the actual killer of Officer Sampson.
My Ohio lawyers said they couldn't find anybody to back up Omar's confession.
They just didn't have enough time.
Time is the one thing I don't have.
We have shown the courts that you didn't kill anyone.
We just need to convince them.
And we have seven days to do it.
The good Lord took seven days to work his miracle.
Well, now it's your turn, Ms.
Scott.
- VIOLET: What have we got? - MADELINE: So all we have is the signed murder confession - by Omar Blackwell.
- Right, but Omar is dead, and no judge will accept his affidavit on its own.
We also know that the gang leader, Troy D, ordered Omar to kill Officer Sampson.
Troy D, the gang leader and respected businessman.
- Excuse me? - Troy D has a legit front.
He uses his drug money to fund investments.
He literally creates jobs.
Okay, so Troy D is the type of man who can kill snitch Omar in prison and then, what, still join the country club? He owns the country club.
He's the most powerful man in East Cleveland.
No one can touch him.
Well, no one can stop us from saving Davon.
Not even Troy D.
Officer Sampson's death wasn't a random drive-by shooting.
It was a calculated hit by Troy D.
How do you prove that in court? EASY: "Fraternity Threatened with Closure" after Death in Dorm.
" BODIE: I can't believe they weren't shut down after this girl was found dead in their frat house.
You know, somewhere in this mess is probably a picture of our killer.
Here's Bob Callaway, chapter president.
And entertainment director Eddie DuBar, aka Smokey the Dope.
DuBar.
This is the guy who invited Daniel to the party that night.
How are we gonna track all these bros down? We don't.
They're all gonna be in the same place.
The Hutton Club.
"Booster for the Brothers" night.
Ah, fraternity fund-raiser.
These Phi Kapp boys are all grown up now, and they include a lot of movers and shakers in this town.
CEOs, bankers, judges, congressmen.
Let's crash this party.
Luck ain't got nothing to do with it No matter what they say [INDISTINCT CONVERSATIONS] Luck ain't got nothing to do with it I'll show you how to play You watch people - sweating at the table - Hmm.
There he is.
Ed DuBar, Phi Kapp Class of '96 at Sheridan U.
Boswell Quick III.
Phi Kapp Class of 2000, Boise State.
This is Easy.
- He's my drug dealer.
- [LAUGHS] EASY: I hear all you boys invite drug dealers to these shindigs.
Yeah, like Daniel Hernandez.
PKD shot of the night? - EASY: Oh, go ahead.
- [CHUCKLES] You could probably use a drink.
[EXHALES] Great legs on that one, huh? [LAUGHS] [CHUCKLES] Okay, sure, I remember Daniel.
Drug dealer who killed that smoking hot Theta virgin.
Janet Dale.
Janet.
Man, that was a bad scene.
It was a bad scene for a lot of people, especially Janet Dale.
- CALLAWAY: Eddie.
- Bob, hey.
We were just, uh, talking about Janet Dale.
Oh.
That poor girl.
What a tragedy.
BODIE: You seem real distraught about it, Brother Callaway.
- Have we met? - Well, not officially, but people still talk about the Great Boof King of Sheridan.
I mean, that's something to aspire to, isn't it? Mm.
This is a private event.
No, understood.
But we represent Daniel Hernandez, falsely accused of the rape and murder of Janet Dale.
If you have a legal issue, then please go through the proper channels.
Don't make me call security.
No need.
We'll see ourselves out.
Look, I got an idea.
I'm gonna call my friend at ATF and have them run the DNA from Daniel's case through CODIS, see if they come up with anything.
The federal database? That's a long shot.
People like this usually don't end up in CODIS.
These jerkwads might.
They doth protest too much, especially that Eddie DuBar guy.
If it may please the court, Madeline Scott, - for the petitioner.
- THOMPSON: Ms.
Scott, I've heard every 14th Amendment argument on the books today, denied them all.
Do you have anything new to add to the mix? Davon Watkins's position is unique: he isn't seeking a stay of execution, he already has one.
We're simply asking that the court uphold it.
Officer Sampson was killed by Omar Blackwell.
He was ordered to do so by Troy Dalton, a known drug dealer.
We have this affidavit that clearly I'm familiar with the facts, and your stay was conditioned upon the finding of new evidence in support of your client's innocence.
- Your Honor, moving forward - There is no new evidence here.
Petition denied.
[GAVEL BANGS] [SIGHS] THOMPSON: Next on the docket, State v.
Alexander Corwin.
This matter from Cuyahoga County - I'm not giving up.
- Neither am I.
- What's next? - We take down Troy D.
There's no breaking down that door.
Then we break down a different door.
Meaning? Troy D ordered the hit on Sampson because his cover was blown.
That's the only way this all makes sense.
Well, then the question is how it was blown and who blew it? His handlers would know.
The police aren't exactly forthcoming with information.
We make a Freedom of Information Act request.
- Better make it fast.
- I'll file the motion right away.
I got something.
- Hmm.
- As you predicted, O Wise One, CODIS came up with bupkis on the DNA from Janet Dale's rape kit.
But our rapist/murderer has a son, and he wants to know a little bit more about his ancestry.
You submitted DNA to a private genetics company? Can I use this? Familyrootsfinder.
com.
Fred Jenks.
Our bad boy had a son who's looking for his father.
That's genius.
Now, if he's already found his dad, we're halfway home.
EASY: Yeah.
All right.
WOMAN: Fred's still at work.
I'm his mother, Karina Jenks.
Please, have a seat.
Thank you.
Your son submitted his DNA to the familial finder websites.
We'd actually like to talk to his father.
Uh, so would Fred.
I'm sure that's why he used that site.
- Fred doesn't know his father.
- Right, but you do.
I haven't seen him in decades.
What's this all about? EASY: There's no easy way to say this.
DNA matching your son's biological father has been linked to a crime.
BODIE: It's, uh, more likely than not he raped and murdered a sorority girl 25 years ago.
Janet Dale? You knew her? I was her Theta Omega sister for about a year, but they convicted somebody.
Our client, but he didn't do it.
No DNA match, no other evidence to support his conviction.
I'm sorry, but Fred's father is Janet Dale's murderer.
Fred's been asking about him since he was a little boy.
Uh I was a sophomore at Sheridan.
The Phi Kapps were having a "pimps and hos" party.
I drank too much.
I went to his room to sleep it off.
I woke up not being able to breathe.
Someone's hands were around my throat.
Then I felt someone on top of me.
Inside me.
I always thought I would fight back but I was paralyzed.
He was going to kill me, and I was letting him.
I'm so sorry.
None of this is your fault.
I know that now.
But back then, I Every time I saw him on campus, I got sick to my stomach.
And when I learned I was pregnant, I just ran.
I quit school.
[LAUGHS]: That's probably more than you were asking for.
That's okay.
Who, uh who did it? Was it Eddie DuBar? KARINA: Eddie? No.
Eddie was actually my boyfriend at the time.
He could come across as a jerk, but he was always really sweet to me.
The man who raped me was his best friend, Bob Callaway.
That's my son's father.
That's your killer.
FRY: Gentlemen, I thought I made myself clear in the prior hearing.
This is an entirely new legal issue, Your Honor.
I need a court order to get a DNA sample from Robert J.
Callaway.
Who? The former Illinois Bar Association president, Your Honor, Bob Callaway.
Oh, Bob Callaway, nice man.
We've had dinner on occasion.
So what is this all about? DNA, Judge.
We want to test it.
Absolutely not.
The rape charge has been dismissed.
The DNA of person or persons unknown has no bearing on the murder conviction.
EASY: Your Honor, that ruling flies in the face of reason.
Excuse me? I'm sorry if I offended Your Honor in any way during these proceedings, but my client shouldn't bear the brunt of Oh, you haven't offended me.
You haven't even appeared before me in some time, Ezekiel.
But it is good to see you again.
[GALLERY MURMURING] Your Honor? Motion denied.
Yeah, they keep saying just "take it one day at a time," but, uh [SIGHS] it's more like every second of every single day.
I know.
It's the same for me.
How come you called me? I saw you at Toby's funeral.
So did your sister.
I already told her I didn't know anything.
She said that-that you almost OD'd, and I just thought, you know, I thought maybe we could What? Compare battle scars? [SIGHS] LEVI: When I was in prison, I, um, I got protection from the guys that were running heroin.
You keep away from it the best you can.
Things started to spiral.
And if it wasn't for Madeline and my folks, I'd be dead.
Three years in N.
A.
taught me that all of our stories have different beginnings, but similar endings.
So how'd you start? - [CHUCKLES] - I-I heard some rumor about girls who were doing Adderall in high school.
We were just trying to stay skinny.
[CHUCKLES]: What? Why? Hey.
I just want to know what happened to Rosemary, okay? You know, I-I just found out she was doing Adderall.
I-I didn't know if you guys were even friends, but I Heather Dupinski, she connected all of us.
It was something really special when we first started hanging.
- Then what happened? - Rosemary died.
Nothing was the same after that.
Do you think that any of those other girls could've killed Rosemary? Like Heather Dupinski? It's not impossible.
But, I mean, there were other girls, too.
Look, we were stupid teenagers, but we felt like a family.
Okay, when Rosemary died, it changed all of us.
All right, a few conservative-leaning constituents feel that Rosemary's Law doesn't push hard enough.
They want a death penalty rider.
If you go pro-death penalty, you can kiss the Chicago vote and the election goodbye.
The rider may cause a bit of a hit in the major cities, but it will be offset by an uptick in the suburbs.
Mr.
Zahn says, and I agree, that with the press you'll get for passing the law, it's a net win.
CONNOR: Not if you're seen as compromising personal values for political gain.
Are you compromising? Where do you stand? Are you pro-death penalty or not? When you've seen the things I've seen, the cases I've tried it's almost impossible not to be pro death penalty.
I've spent a good deal of my life trying to seek justice against the worst of humanity, and I have never sought the death penalty unless I was truly convinced it was called for.
NOAH: So then, what's the problem? The problem is he'd be taking a position on a controversial issue when he doesn't need to.
NOAH: Yeah, well, there's a time to play politics and a-a time to man up.
I'll take it under advisement.
Thank you, sir.
Uh, moldy trail mix or expired mystery bar? I'm good with coffee.
Come over here.
You got to see this.
We got our FOIA response, and apparently, at the time of Officer Sampson's murder, the East Cleveland PD was involved in a joint task force with the Drug Enforcement Agency.
The Feds? Okay.
Uh, do we know who Officer Sampson's handler was? - Who put him in the park that night? - No, it doesn't say.
But I did find this interesting.
That's Troy D.
So? You see that guy standing behind Troy? His name is Tyler Lauten.
He's Troy's head of security and personal bodyguard.
Want to know what job he had before he started working for Troy? He was a DEA agent in Cleveland.
- You're kidding.
- Nope.
And guess who was the head of the joint task force with the East Cleveland PD? - Tyler Lauten.
- Mm-hmm.
Well, he was Sampson's boss back in the day.
He set him up.
[EXHALES] Violet, I think you found our guy.
[INDISTINCT CHATTER] - Here he is.
- TYLER: Ladies.
Tyler Lauten, head of security.
How may I help you? We have some questions for you about Steve Sampson.
[CLEARS THROAT] MADELINE: So we know that you were a DEA agent and that you put Steve Sampson in City Park the night that he was killed.
Now you work for Troy D.
You see how that looks.
Actually, I don't.
You got your facts backwards.
Officer Sampson was on the job.
He called me and told me he was heading to the park, to meet a C.
I.
The shooting was random.
Your current boss ordered the hit on Sampson.
And you put him there.
No, I didn't.
And my current employment by Mr.
Dalton is perfectly legit.
Hell, half of Cleveland law enforcement works for him.
Also, Troy had no reason to kill Officer Sampson.
Investigation was going nowhere.
We were ready to close up shop.
What happened with Sampson was bad luck.
Davon Watkins is gonna die in four days for a crime he didn't commit.
You used to be a DEA agent, you were one of the good guys.
What the hell happened to you? - Mr.
Dalton.
- Tyler.
So who do we have here? I'm Madeline Scott, this is Violet Price.
We represent Davon Watkins.
Right.
That poor kid that's on death row.
Personally, I'm not a big fan of the death penalty.
It affects our people in a grossly disproportionate way.
We spoke to Omar Blackwell before he was killed in prison.
He told us what you did.
Omar was a desperate man looking to make peace with his son.
You and I both know he wasn't reliable.
Then why did you kill him for being a snitch? I think you watch too many gangster movies.
I assure you, you won't discover anything about Officer Sampson's unfortunate death here.
Isn't that right, Tyler? TYLER: That's just what I told them.
- Bad luck.
- Well, I'm sorry you ladies wasted your time.
MADELINE: "Bad luck.
" Yeah, right.
[PHONE RINGS] - Sorry.
- Mm-hmm.
Hello? Yes, yes.
I'll accept.
I just I need a second.
I just found out my parole hearing's at 10:00 a.
m.
tomorrow.
Wren, uh I'm in Ohio on a case.
My client's on death row and I You can't make it.
I'm so sorry.
Just You're gonna do great, okay? Um Look, just sit up straight, talk clearly and smile.
They won't be able to resist your smile.
Hey, you've got three other character witnesses, all right? And none of them have been locked up, unlike yours truly.
They don't know me like you do.
Wren, I'm so sorry.
My client's gonna die if I don't help him and I just really need to be here, I All right.
Bye.
- More coffee? - Um no.
I've got nothing to say to you.
- We know.
- We were hoping you'd talk to her.
Karina.
It's been a long time, Eddie.
So you never suspected? Bob Callaway, that son of a bitch.
I didn't know why you left school.
You never returned my calls.
- I'm so sorry.
- It wasn't your fault.
Yes, it was.
So Janet Dale? Daniel Hernandez is serving a life sentence for a crime he didn't commit.
We need to know what happened.
That night, I was still upset about you leaving school.
Bob said a good rager was the best way to forget.
So we drank.
A lot.
We took Janet in the room.
Bob asked her if she'd ever heard of a "devil's triangle.
" She slapped him, but he just laughed.
She went to the door, but Bob grabbed her.
She tried to scream, but Bob put his hand over her mouth.
The music was so loud.
I left.
I was a coward.
EASY: Your Honor, we call Mr.
Edward DuBar.
- Who's this? - Mr.
DuBar was an eyewitness to the events of the day in question.
How many times need I say it? This is not about rape anymore.
We believe this testimony exonerates the petitioner of the charge of murder.
Very good.
Yes.
Well, Deputy, please call the jury in.
[GALLERY MURMURING] I, um I'm constrained to remind Your Honor there is no jury.
This is an evidentiary hearing, Your Honor.
EASY: Given the hour, may I suggest we adjourn for the day, Judge? Yes, well Okay, um we're adjourned until 9:00 a.
m.
tomorrow.
[GALLERY MURMURING] Remember when Hillary Clinton would talk about the difference between winning an election - and actually doing the job? - BELLOWS: Yes.
It's a loser's argument.
If you're gonna run for office, win the damn election.
Worry about the issues later.
I'm tired of hiding what I really believe.
It's a mistake, Gore.
But you seem to be making a lot of them lately.
Noah, Connor.
May I see you in my office, please? Connor.
You're fired.
I'm sorry.
NOAH: Well played.
As always.
[DOOR OPENS] MAN: Park it around back.
Looking for me? Yes, I am.
I want you to take a look around.
See that school? That library? Who do you think got them built? And that nursing home is there because I put that there.
So? You built the city's morgue, too.
You know, ten years ago, a white girl like you wouldn't be caught dead on a street like this.
You don't know me.
And you don't know me.
And you don't see how it all works.
See, for the rest to live, there's always gonna be acceptable losses.
Your client, uh, Davon what's-his-name yeah, no he's an acceptable loss.
And as far as this city's concerned, I'm a necessity.
I am East Cleveland.
Davon Watkins is innocent.
He will walk free.
And the people responsible for Officer Sampson's murder will be locked up.
And East Cleveland will be just fine.
You need to be careful.
So do you.
FRY: This is what I love most, Ezekiel.
After the day's work is finished, you're left with just yourself, your thoughts and the law.
With all its purity and force.
And magic.
[CHUCKLES] And all it requires is the determination and intellect to push and pull at it until you finally see, as clearly as the dawn's light, the right thing to do.
I know.
And that's why this is the hardest thing I've ever had to do.
What are we talking about, Ezekiel? Sir, when I appeared before you during yesterday's proceedings, - you - Did I lose my temper? Apologies.
Since Margaret passed last year I've had a short fuse.
Judge, Mrs.
Fry passed four years ago.
I saw you at her funeral.
How can it be that long? Judge I think maybe this might be the right time for you to step down.
Step down? From the bench? How dare you.
Who do you think you're talking to? A man I admire and love.
Well, I appreciate your concern, but I'm fine.
Sharp as ever.
Really, I am.
I know we probably shouldn't be discussing an active case, but I just wanted to give you a heads-up.
Yes? I intend to cite State v.
Kafina in my appeal of your DNA ruling.
It's directly on point and completely persuasive.
Well, if you think it's relevant, I'll accept any brief you want to submit.
I confess, I don't remember the case off the top of my head.
It's an excellent opinion.
Brilliantly crafted.
Cited hundreds of times, all the way up to the U.
S.
Supreme Court.
Sorry, it doesn't come to mind.
Judge Elijah, you wrote that opinion yourself.
I did? [SHUDDERS] You could have moved to recuse me, made a big deal of all this.
But you didn't.
You spared me the humiliation.
You taught me the way.
[EXHALES SHARPLY] I'll call the administrative judge and arrange medical leave.
No.
I want to do this the right way.
My health has deteriorated in the past few weeks.
I am a steward of justice.
It remedies that which is untenable and wrong.
It's really a simple process.
You look at the facts, you apply the law, and you come up with an opinion.
Now, it is my opinion that my time as a judge is over.
I will step down from this matter, and this bench, effective immediately.
I leave in my wake other stewards sharp minds and gentle souls who will take care of justice and protect her.
This case and this defendant are in good hands.
This court vacates the sole remaining count against Mr.
Hernandez and directs that the State issue an arrest warrant for Robert J.
Callaway.
The State apologizes to you, Mr.
Hernandez.
You're a free man.
- [GAVEL BANGS] - [SCATTERED APPLAUSE] Thank you.
You're coming home.
You're coming home.
TYLER: I can only tell you what I remember, Counselor.
Officer Sampson called, said he wanted to wrap up a detail with one of his confidential informants.
"No big thing," he said, so I gave him the go-ahead to meet the C.
I.
For the record, who was the target of Officer Sampson's undercover investigation? Troy Dalton, but that investigation was winding down.
And who is your current employer? Troy Dalton.
Your Honor, I renew my motion that the stay of execution previously in place for Davon Watkins be revived.
Ms.
Scott, in light of the paucity of evidence Paucity? An undercover officer is killed on a fool's errand to meet person or persons unknown, and then that undercover officer's boss goes to work for the target of said investigation? If that doesn't stink to high heaven I'm not interested in how you think things smell, Ms.
Scott.
We have a signed confession from a known associate - of Mr.
Dalton's.
- Now deceased.
Executed.
The same way Officer Sampson was executed.
THOMPSON: Ms.
Scott, do you have any other witnesses? - Your Honor - It's a yes-or-no question! No.
They're all being murdered.
Petitioner Davon Watkins's final appeal is denied.
His execution will proceed as scheduled.
[GAVEL BANGS] You can do it.
So, I hear you're coming around to the proposed death penalty addendum to Rosemary's Law.
You know, I used to think that life in prison was worse than death, 'cause you had to sit there all day struggling with your guilty conscience for the rest of your life.
And then I realized that most of the accused don't have a conscience.
So, no struggle, no remorse.
I think you're right.
People who kill, they they don't feel anything.
Bottom line, I need to win.
But I have to do it on my own terms.
I wouldn't want it any other way.
Really? Because I would have thought you would want more of a return on your five million.
I want a friend in Springfield, but other than that [LAUGHS] Gore, you got me all wrong.
Y You have big dreams, and I'm gonna make 'em come true.
The battle's not over, Davon.
We still have one more day to fight.
AMINA: We're gonna resist until the last possible moment.
Thank you.
I really appreciate everything you've done for me.
I just want you to know I'm ready.
Don't say that, Davon.
When they take one of us guys to that room, all of us, we bang on our cell doors and scream as loud as we can so that that man knows that he's not alone when he leaves this earth.
And that sound it used to terrify me.
'Cause I thought what if I'm actually alone when it's my time? What if nobody believes me? They've taken a guy every day this week.
But guess what.
I'm not scared anymore.
You know why? Because you believe me.
The people, they heard the truth, and that's because of you.
We're still gonna fight this.
Once a death row inmate's final appeal is denied, his death day is set.
And Davon's is today.
Now, only the governor and the Supreme Court and you stand between him and this final judgment.
You can demand that Davon Watkins be given a stay of execution because he is an innocent man.
"The Moving Finger writes;" "and, having writ, Moves on:" "nor all thy Piety nor Wit" "Shall lure it back" "to cancel half a Line," "Nor all thy Tears" "wash out a Word of it.
" Do not let the last line on the life of Davon Watkins be written.
Not yet.
Feel like it's over now? [CROWD SHOUTING] VIOLET: We've submitted an emergency petition to the U.
S.
Supreme Court, and we've sought clemency from the governor.
But the hour is finally here.
Maketh me to lie down in green pastures.
- [LOCK CLICKS] - [PRAYING QUIETLY] GUARD: Davon, it's time.
But when the sun comes up, the shadows will fall [INDISTINCT MURMURING] I'll know I'm enough to weather the storm And I may not have a plan, but I'm still gonna answer When I get that, I get that call When I'm feeling way down under it all And it gets too heavy to keep standing tall Oh, I may be afraid, but I know I'll find my way When the sun comes up, the shadows The shadows will fall VIOLET: And the CCI's warden awaits word.
Will there be clemency and commutation from the governor The shadows will fall or will the state of Ohio put an innocent man to death? At night When it's hard to sleep Wondering what's real and what's just a dream Breathless and lost in the in-between It gets to me, yeah - We failed him.
- The system failed him.
We are the system.
At least Daniel Hernandez gets to walk out of prison a free man.
He's going to law school.
Wants to study criminal law.
There are no acceptable losses.
Oh, I may be afraid But I know I'll find my way When the sun comes up, the shadows The shadows will fall When I was a child, my parents taught me that everything happens for a reason.
That there's a bigger plan.
What is meant to be will be.
It's a cruel joke our parents play on us, making us believe that the world is good and just and kind, because because today, I just can't see it.
What's the plan when an innocent man loses his life? When the sun comes up, the shadows will fall Why does a good man an honest man suffer the penultimate loss before his time? Maybe it is part of some grand circle.
Birth and death and rebirth.
Maybe.
But for those of us who remain behind, how do we accept the losses and move on? We search for hope for a brighter future.
Today we may not know, but tomorrow we'll try.
We have to.
When the sun comes up, the shadows Shadows will fall.