The Defenders s01e01 Episode Script
Pilot
- Hey, what was that one? - You're okay.
It's American.
Look what you've done to my face.
It's like a Brillo pad when you don't shave.
My face feels like raw hamburger meat.
You feel like that anywhere else? You're naughty.
Good Lord, what is so interesting about a billboard? What billboard? Mm.
Oh, I guarantee you, that's my plane.
Um, I'll see you in two weeks? Maybe next time we can go out for dinner.
Anywhere you want.
Thanks for flying Tawney.
Bye.
Woo! - You're late.
- Me? Come on.
Just follow me.
And whatever you do, don't smile.
Oh, um, well - Have a great day, judge.
- Hey, Jerry.
How you doing? How's the kid? Hey, good.
Thanks for asking.
Good.
I'm, uh, here with the new judge, Honorable Lisa Tyler.
She looks a lot younger than she actually is.
Uh-huh.
- Heh.
- Good morning, judge.
- Thank you, Jerry.
Thank you.
Come on, come on, come on.
Just go.
- Judge Tyler? - Nick.
Where the hell are you? We're gonna miss the whole What? What? Oh.
Stay there.
No, stay there.
Unbelievable.
Déjà vu.
Could have sworn I saw you in that suit and tie yesterday.
- Hi, good morning.
- Good morning.
Of course, I'm sorry.
Meredith Kramer of the DA's office, this is our new associate, Lisa Tyler.
Oh, the ex-dancer.
Yes.
Welcome.
And congratulations on joining Morelli-Kaczmarek.
I guess no respectable firms were hiring.
Crack up.
Lisa is gonna be working Ray McWhorter with me.
Oh, great.
Well, um, listen, don't waste your time on the kidnapping because those charges won't go away.
And remember, no lap dancing for the jurors.
It could be contempt.
- Excuse me.
I'm not - Ignore that.
We got a case to try.
And it's against her.
- So it's a kidnapping, right? - Oh, there's Ray.
Ray.
- Hey, Pete.
- How are you? He's just a kid.
Okay, we are way down the list.
Hold down the fort.
Wait, wait.
Uh - You're leaving? - Yeah.
Nick and I got something big.
Just make sure he says not guilty.
No, no, no.
Hang on.
Hey.
What are the charges? The kid, I don't know It's all in here, case number, everything.
It's just an arraignment.
Not guilty.
You should probably take a seat.
Case number 09F26139B.
- Good morning.
- State of Nevada v He's over there.
- Another one.
- Hey, Nick.
How you doing? It's awful.
Twenty years and a guy gets this.
- Are you out of your damned mind? - Am I? You had your wife followed.
Are you nuts? She's cheating on me, Pete.
Cheating? She's got a book bag, Nick.
- The guy gave her a ride from school.
- Uh, uh - On a motorcycle.
- No more.
No more.
- We're cutting him off.
No more.
Nick.
- Come on, come on, come on.
You guys are separated.
She can do what she wants.
Oh, she can cheat.
She can't cheat, Pete.
Come on.
Look at her.
Look at her.
- Look at the smile on that face.
- Nothing, nothing.
What do you mean? Look how close they're standing.
You got a hug, Nick.
That's it.
No kiss.
Just a hug.
Look at the hand.
Look at the hand.
She's pressing him.
- A polite tap.
Like, "What's up?" - Give me that.
- Does that look just like a hug to you? - Give me these.
It's 10:30 in the morning.
We're gonna miss the whole thing.
Lose the photos, okay? It's embarrassing.
And stop having your wife followed or I'll file a restraining order myself.
Okay.
Okay.
I don't know.
I thought things were starting to look up, that's all.
I mean, she started laughing like she used to.
I was gonna take her out on a date.
I'm gonna take her to see Junior.
I had a table right in the front.
- Whoa, you got tickets to Junior? - Eh, does it matter anymore? Yeah.
I've been trying for a damned month.
Zoey, what's up? We're on our way in.
When? When? Okay, tell them we're on our way.
We gotta get you a coffee.
Click call from County.
Dan Shepard.
Door.
You two, let's go.
Hey, Dan, you all right? Sorry, guys.
I can't do it.
- Can't take the plea? - It was a mistake.
I can't just agree to go to prison.
But, Dan, uh, you want to go to trial? - Really? - Yeah.
You said you were ready.
- The judge was ready.
- Yeah, yeah, yeah.
But we informed the court last night that you accepted the state's offer.
But there's still a jury, right? So we just stick with the not guilty and we just go ahead.
We could do that, but you got a good deal.
Three years is a good deal.
I don't want good.
A bunch of guys beat my brother near death.
- Okay.
- And I go to prison? No.
Look, Dan, anyone could have done what you did.
I would have.
But the DA is not interested in justice here.
- This is about winning.
- Yes.
And they could win.
You know that.
We explained that to you.
I changed my mind.
I can do that.
It's open murder in Nevada, okay? They can throw everything.
First degree, second degree, manslaughter.
They will bury this jury in charges.
They'll confuse them.
The jury is a wild card here, bud.
They could They could give you 40 years.
The three you do with this plea gives you a chance to have a life.
No.
What kind of life is that? - I didn't do anything wrong.
- Look.
You wanna go into court tomorrow and tell them to shove it? We'll do that.
But do me a favor, all right? - Sleep on it? - I'm sorry, Nick.
No deal.
- I'm just saying, be bold.
- Be bold my ass.
He's tossing a great deal.
Bad decision.
Not if we win.
You know how dumb that sounds coming from a Vegas lawyer? - I'm just saying.
- I know what you're saying.
Be bold.
Bet the house on red.
Not your life you're risking.
- All right, here we are.
- I don't think we missed it.
- Nick, you ready for this? - Wow! We didn't miss it.
We didn't miss it.
Wait for it, Nicky.
Wait for it.
Woo! Ha, ha.
Son of a We didn't miss it.
Would you look at that, Nicky? We're huge.
- Yeah, ha, ha.
- Yeah, we're bigtime, baby.
Do the stance, Nicky.
Do The Defenders' stance like in the poster.
- Come on.
- Nah! Come on, do it.
Do it.
- Yeah.
- Yeah.
Yes, baby.
The Defenders.
Morelli-Kaczmarek.
May I have them return? Thank you.
Aspirin, coffee.
Hold my calls.
Nick, Pete, this is - Eva.
- DeMoan.
Yes, of course.
We are, uh, huge fans.
Let us know if we can be of any assistance.
You found the best adult film lawyer in the business, Ms.
DeMoan.
We are very proud to have Lloyd with us.
- After you.
- Well - Bye.
- Pretend you are a professional.
Messages, Zoey.
Bill Demear from Winston-Kerner.
Contractor says he's almost done with your bathroom.
You should be out of that hotel in about a week.
And some Nina, staying at the Wynn.
Said you'd remember, which I'm sure you don't.
Just give me that.
Any luck with Junior? I tried everywhere.
Those tickets are gold.
- It's impossible.
- Wrong answer.
Keep trying.
Morelli-Kaczmarek.
Hey, how did Ray plead? - May I close this? - Sure.
- Not guilty.
- Great.
Nice work.
What's up? It's none of the DA's or anyone else's damned business - how I put myself through law school.
- Heh, agreed.
- Did not get it from me.
- I will not work like this.
I don't give a rat's ass you're the only law firm that offered me a job.
I'll go back to dancing.
Ray McWhorter is not some case number.
And you sit me in that courtroom completely unprepared to work - Not guilty.
You entered the right plea.
- Pete, that doesn't matter.
I was representing a young boy in court not knowing a damn thing about him.
Okay, okay.
What do you know now? Take me through it.
Well, to begin with, he's a mixed-up teenager without a record who robbed his pot dealer.
Pointed a gun.
Yes, that's a serious crime.
But the kidnapping charge is just ridiculous.
How so? You got movement, you got risk.
Telling the dealer to move ten feet into his own bedroom to get the pot was incidental to the robbery.
- Kidnapping would be dual liability.
- Okay.
All right, you're a big girl.
Just graduated law school.
What would you do? I would fight the kidnapping.
- Look at that.
Perfect.
- But that There you go.
You figured out the whole case.
The defense, that the prosecutors are overcharging scumbags.
All I had to do was get you to court on time.
But that's not my point.
My point is that Lisa, have a seat.
My first day, Nick tossed me in the deep end.
End of that day, I'm in his office, I'm screaming at him: "I could have made a mistake.
These people are counting on us.
You son of a" And I just look up and he's smiling.
And before I could punch him, he says: "I'll be damned.
I thought I was the only one dumb enough to care so freaking much.
" Lisa, you're gonna be a great lawyer.
And right now, we need all hands because Dan Shepard is going to trial.
Thomas Cole for the people.
Nicolas Morelli for the defense.
Pete Kaczmarek for the defense, Your Honor.
- Good morning, gentlemen.
- Informed we have a disposition - in this case? - No, Your Honor.
No? Not today? Not at all.
Mr.
Shepard maintains his innocence.
Mr.
Shepard, you were offered a plea, voluntary manslaughter with a sentence of six years.
That with good behavior could have you out in three.
- Your Honor - And, sir, I can tell you your lawyers are very good at certain things.
And the deal they have made for you reflects that.
But trial is an uncertain bet.
Conviction on the most serious charge against you could lead to a term of 40 years to life.
Do you understand that? - He understa - I'm talking to him, counselor.
Do you withdraw your deal with the state and maintain your original plea? Uh, yes, Your Honor.
Not guilty.
In light of the late change of circumstances, we would request more time in order to prepare.
- Continuance denied.
- We still have a jury.
I see no reason to delay Mr.
Shepard's day in court.
I will see you at 9 a.
m.
Uh, tomorrow, Your Honor? Talk to your client, not to me.
Let him know what he has just stepped into.
- You are risking a - Goodbye, counselor.
They were all over him.
Just pounding him, kicking him, swinging.
They could have killed him.
I came out and the guy rushed me, so I shot.
I thought I shot the ground just to scare them.
Oh, God, I did not mean to kill anybody.
I was only trying to help Scott.
Oh, I don't know.
Maybe I could have done it better.
There.
"Maybe I could have done it better.
" The DA is gonna rub the jury's nose in that.
Say it's an admission of guilt.
We introduce it first.
Stress how he's trying to save his brother.
Pete.
He says it.
Could have done it better.
How do we fight our own guy's words? Nick, he shot a guy.
Only a real dirtbag doesn't feel some guilt.
Yeah? Got a shrink that's gonna testify to that? Because we got nothing.
They got forensic evidence that says Dan shot the guy in the back.
We got squat.
No witnesses.
No docs.
Play the hand we've been dealt.
We've done it before.
Oh, Sammy's game starts at 5.
I promised I wouldn't be late.
Hey, this P.
D.
interview of Dan's neighbor Eunice Brown says she witnessed the fight.
Yeah, forget that.
Been there.
Eunice Brown is 200 years old and legally blind.
But wait, Nick, though.
She says, "I could hear them yelling.
We went to the window, but I couldn't see.
" - So? - Guys, according to P.
D.
, the woman lives alone.
Husband is dead, but, "We went to the window?" So who is we? Find out.
- Yeah! Woo-hoo! - Go! - Woo! Come on, come on, go, go, go! - Yes! Woo! - Excuse me.
Excuse me.
Oh, Jessie, Jessie.
- I am so sorry I'm late.
- Oh, no.
- What time is your class? - I'm okay still.
- You're okay? - Yeah, yeah.
It's 2-2.
Sammy walked in the third.
He scored the tying run.
- He scored? - Yeah.
Hey, Sammy, way to go, champ! - Heh, that's my boy.
- Come on! - He scored.
- Yeah.
How about you? - Did you score lately? - What? Oh, you know, maybe a little birdie told me that you had a date last week.
- Excuse me? - Five-ten, rides a motorcycle.
Yeah, a little bird, uh, - what the hell does that mean? - What? Did you have me followed? - What? - Did you have Frank follow me? - I didn't say that.
- You did.
- Oh, my son of What do you mean? - What? There's no reason to get bent out of shape.
A little bird told you that? - It's around.
- There had better not be any photos.
Oh, there are photos.
- I was gonna ask - Oh, my God.
I can't You know what? It is none of your business if I am dating or not.
So you can go tell that little bird to go and fly into a wall.
Beat it out! Beat it out! - Sammy, wake up! - Go! Yeah.
It's all right, it's all right.
It was just the usual party after the football game at my house.
A bunch of guys stayed over including John.
That would be John Thompson.
Yeah, he was my best friend.
I really didn't know why it happened.
I mean, we didn't want any trouble.
But trouble found you, didn't it? - Objection.
- Sustained.
Let's go back to the night before the shooting, Mr.
Ford, and your party after the game.
You spoke to the police.
Some neighbor called and said we were being too noisy.
And did the police say who it was that made the complaint? No.
Just a neighbor.
- Yes? - Eunice Brown? - Yes.
- Hi.
I'm Lisa Tyler with Morelli-Kaczmarek.
- We represent Daniel Shepard, your - No.
I won't get anyone in trouble.
In trouble? No, of course not.
Um You know, I'm sorry.
I'll leave you alone.
Thank you.
We went out for breakfast.
It was me, Mike, Ford and John.
That would be John Thompson, - the victim.
- Yeah.
When you got back to Mr.
Ford's house after breakfast, did you find his neighbor, the defendant? Yeah.
He was out in the street with his brother screaming how Ford slashed his tires for calling the police on the party.
But Mr.
Ford has testified that he didn't know who called the police.
- Did you know who called the police? - No.
Dan Shepard hit you, did he not? Yeah.
I got out of the car and he sucker-punched me.
- That's when the fight started.
- Over car tires.
- Did you slash his tires, Robert? - No.
- Why would I? - Right.
Why would you? Or Ford? Or John, who lost his life? - Objection.
- Over something stupid that none of you had a motive for.
- Objection, Your Honor.
- Sustained.
Mr.
Cole, leave the editorial for the papers.
No more questions.
Okay, um, Mr.
Church, you testified that the fight started here on the street - in front of Mr.
Ford's house? - Yes.
And it ended there in the Shepard's drive.
- Was that about right? - Uh, yeah.
Yes.
How did the fight get from here - to there? - I don't know.
- It's a fight.
They go all over.
- What, you've been in a lot of fights? - Objection.
- What? He says he knows fights.
- He knows how they go.
- Keep it short.
How many fights have you been in, Mr.
Church? One to five, five to ten? A few, okay? - I don't start them.
- Have you ever lost one? Probably not, right? I mean, look at you, you're a big guy.
What are you 245, 250? Actually, in your, uh, high school football roster, God, Ed Ford here is 210.
Mike Wiez is, wow, 260 pounds.
- And John was 220.
- Judge, is there a question here? It's the same, Mr.
Church.
How did the fight get from here to there? I mean, four big football players against two skinny guys.
Did you push the Shepards here? Or did you chase them? Excuse me? What's your name? - Ana.
- Ana, I was wondering if we could talk? It's about the neighbor, Daniel Shepard.
The shooting? You're saying that you were inside Mr.
Ford's house when you heard yelling, Ms.
Novak? Yes.
I went out into the yard and saw them.
They were over by the other house.
The other house, the defendant's house? Yes.
They were all fighting.
And I was like, "John, John, stop.
Let's just go, okay?" And that's when it happened.
He walked out of the house with a gun.
I could see it.
And then he just shot John.
He just shot him.
You.
He was on his knees begging you and you shot him.
You shot him in the back.
Thank you, Ms.
Novak.
It didn't go so well, but we're headed back in now.
Zoey, let me call you from the car.
Hey, Scott.
How you holding up, man? You should have convinced him to take the deal.
- Scott, it was Dan's decision.
- It was a mistake.
Hey, you know You should have convinced him.
Hamels has been on his game.
He delivers fastball.
Swung through and the count evens up at 1 and 1 to Uggla, let's Hey, Sammy, what are you doing? - Hmm? - Eat your vegetables.
I don't like vegetables.
- It's on a pizza.
- Ugh.
Hamels in with the sign.
One more time.
There's Chase.
And the delivery.
- Oh, it hits his back.
- Whoa, it could have killed him.
Up and in, hits Uggla in the back.
And he'll be the first baserunner tonight for the Marlins.
You're a good boy.
All right, I'm here.
- What you got? - Fight's under the carport.
Dan goes into the house to get the gun.
He comes out to the door here.
Thompson is somewhere in between.
I figure right about there, right? Nick, we got to be downtown in 20 minutes.
Okay, you be Thompson.
You stand right there.
I'll be Dan.
And when I come out the door, you rush me.
Hey! Hey! What the hell is your problem? You jerk.
This is a $200 shirt.
I'm sorry.
I got another one in the car.
The bullet entered the trapezius muscle and traveled down through the torso exiting the oblique.
- And what does that suggest, doctor? - Put simply, the victim, Mr.
Thompson, was shot in the back from above.
- Like an execution? - Objection.
Move to strike.
- Strike that.
- Thank you, doctor.
No further questions.
You're a baseball fan, right, Dr.
Pitts? I watch a bit.
Yes.
Yeah.
So you've seen it when a batter gets hit by a pitch.
Before he gets hit, he turns away so he doesn't get beaned.
It's, uh, human nature, I suppose.
Uh, wouldn't it be human nature then for John Thompson when seeing the gun to turn away resulting the bullet going through his upper back? - It's possible.
- Possible.
Possible that Thompson turned away from the gun, he flinched? Yes, perhaps.
But, ugh, it's not simply the turning away that's important here.
- Right.
- It's the angle of fire.
- Okay.
- The trajectory.
The bullet entered here and exited here.
I have no choice but to conclude that the shooter stood over the victim, who I suspect was down on his knees.
Wow, chajectory.
- Trajectory.
- Right.
Chajectory told you all that? Yes.
It's a matter of the relative heights of the defendant and victim.
Oh, I get it.
Okay.
So then, uh, would it make a difference in your chajectory if John Thompson were, say, 4 feet tall? - Heh, excuse me.
- Or Daniel Shepard was 8 feet tall? - Would it make a difference? - Obviously, there's Absolutely.
- Oh, okay, okay, okay.
- Ha, ha.
Your Honor, Defense Exhibit 4 and 5.
Here, Dr.
Pitts.
Here.
There, between the doorframe and the driveway.
- Does that look like a step to you? - Where? I don't see anything.
A step right outside the back door, Objection.
He's testifying.
Okay.
Uh, I'll rephrase that.
Okay, Dr.
Pitts, if Daniel Shepard were above John Thompson when he shot, say, up on a step.
If you were 8 feet tall, would that account for the bullet's chajectory? Yes, I suppose.
- Thank you so much, Dr.
Pitts.
- Hmm.
Oh, I'm sorry, I need those photographs Objection.
Your Honor, there's no room for these antics - in a serious courtroom.
- Morelli.
- I'm warning you.
- I am so sorry.
Oh, doctor, I am so sorry I got water all over your back.
Morelli-Kaczmarek, may I help you? I'll let him know.
- Nick in yet? - At the courthouse with Lisa.
- Already? - Mm-hm.
Your billboard is working, Pete.
Give me the short version.
Okay, Mrs.
Cambell had a statue fall on her foot at Caesars.
And Candy and Mandy and their agent are here to see Lloyd.
And Mr.
Wallace got married last night and he needs an annulment.
Oh, and sorry, still no luck on Junior.
Oh, cripe, I can't deal with this now.
Call Lloyd.
Just have him take names and numbers.
I gotta get to court.
Pete? Defense calls Ana Mendez.
Your Honor, may we approach the bench? Oh, no, she's a I need a recess, judge.
This witness was only added today.
We only found her yesterday, Your Honor.
Recess now and he'll have her in an immigration court by sundown.
- I resent that.
- I don't care.
Do it fast, Mr.
Kaczmarek.
I want this trial over with today.
We went to the window when we heard the yells and screaming.
- Screaming? - From the girl watching them fight.
Defense Exhibits 7 and 8, Your Honor.
Is this the girl? - The girl we saw crying in court? - Yes.
This is a photo of her last weekend that we found on a social networking site.
You heard her screaming at John Thompson to stop fighting and come with her as she testified here in court? No.
She was screaming "Kill him, kill him" to the ones fighting.
- Kill him? - "Kill him.
Kick his head in.
" She was cheering.
Cheering? Cheering who? The ones kicking the boy.
The four of them kicking and pounding.
He was cornered like a dog.
What happened next, Ms.
Mendez? A gunshot.
And then I saw a man at the door.
It was all very fast.
All right, let's just make sure that we have this right, Ms.
Mendez.
You heard the shot and then you saw a man at the door.
Dan Shepard.
That's exactly how you remember it? Yes.
And then they ran.
Except for the one who did it.
One last thing, Ms.
Mendez.
Why not come forward before and tell the police about what you saw? There were others who saw.
And I was afraid.
But when you spoke with Ms.
Tyler, you decided to take a big risk and testify today.
Why? Ms.
Tyler said if it was my brother here, this is the right thing.
Thank you.
The defense rests, Your Honor.
People would request instructions to the jury on first, second and voluntary.
We have proposed language.
There was no evidence offered for first.
You can't just throw that in.
Ms.
Novak testified she saw an execution and the ME corroborated.
Novak lied and the ME embarrassed himself.
Enough.
Ample evidence was presented for first.
I'll also instruct on two manslaughter.
Here's language for the Crawford and your involuntary instructions, Your Honor.
People object to instructing.
- What? - Excuse me? Involuntary is for accidents.
- Can't have an accident with a gun.
- Like hell you can't.
This isn't a hunting mishap.
He fired the gun with intent.
Intent to scare them off.
He didn't intend to kill anybody.
This is involuntary at worst, Your Honor.
Pulling a trigger is a voluntary act, counselor.
Judge, that is not the standard.
No evidence, no instruction, Mr.
Morelli.
- There's your standard.
- You are wrong.
We deserve to have them hear the lesser charge.
Let the jury decide intent, not you.
- I want this on record.
- You're on record.
I'm bringing the jury in.
We'll finish this thing today.
- Screw him.
Instruct them yourself.
- Jerk.
When the defendant left the fight and returned to his house, he could have called the police.
But, no, he made a different choice.
He chose to bring a gun to a fistfight that started over damaged car tires.
Premeditation doesn't have to be months or weeks or even hours.
But just a few coldly considered choices.
The defendant stood over John Thompson and deliberately fired.
It was an execution.
Ms.
Novak told you that and Dr.
Pitts corroborated.
Dan Shepard made a terrible choice.
And John Thompson paid the ultimate price.
Only you can make that right.
Thank you.
Mr.
Cole is wrong.
Mr.
Cole is wrong on the facts and he's wrong on the law.
I mean, Dan Shepard did choose to get a gun, yes.
And he did intentionally shoot.
But he did it to keep four men from beating and kicking and pounding his brother's head into the concrete driveway.
Dan had every right to try to protect his brother.
His only family is getting his head kicked in.
And his intention, his only intention, is just to stop it.
Dan Shepard didn't go out there that day to kill anybody.
It wasn't his plan to voluntarily take John Thompson's life.
He did it to save him.
He was legally justified in using force to protect himself and his family.
I don't know.
I think about it and I think Now, what would I do if it was my brother? What would I do if it was my sister? Or anybody I loved? If you were afraid that you were gonna lose them forever, what would you do? What? Hey, this is Jess.
Sammy and I aren't home right now.
But we are looking forward to your message.
Thanks.
Ryan, keep it out front.
Hey, I got an idea.
Meredith, how about just once as an experiment you charge that Ray McWhorter kid for what he actually did? - McWhorter is guilty.
- Hmm.
I know.
But not that guilty.
He held up his pot dealer.
He didn't kidnap him.
I thought your stripper was handling this.
- We're working it together.
- Oh, heh, I bet you are.
But that's not really why you called me, is it? Well, no, but as long as you're here Look, I'm not asking you to actually give a crap about the kid.
I'm not under any delusions about who you are.
You know what? Forget I even asked.
Let's face it, it's just not in your nature.
You really don't like me much, do you? Why? You starting to like me? Not really.
Hey, sorry I'm late.
Hard night.
- What do they want? - Wait till you hear this.
The jury has asked: "What do we do if we think Dan Shepard did something wrong but we don't think he intended to kill Thompson?" - You sure you got that right? - It's a jury question.
I had the bailiff read it twice.
Wait, wait, wait, it's basically the definition of involuntary manslaughter.
Nicky, you are a genius.
You are a genius.
You guided them right there.
And now we get the judge to revisit his ruling.
Give the instruction.
Unless he wants to get reversed, he doesn't have a choice.
Um, this is all good, right? Well, the jury is basically telling us they'd convict Dan on involuntary if they have the charge, but they don't have it.
They don't even know it exists.
And Dan gets a year if we get the judge to reconsider.
- That's a win.
- Yeah.
Well That would be a win.
- What? - The jury is telling us that they won't convict on the charges they got.
- So why give it to them? - So, what are you saying? - Now we don't want the involuntary? - No.
Not anymore.
But you just asked the judge for it today.
How do you tell him you don't want it tomorrow? Wow, Nicky.
- Bold.
- Uh-huh.
Very bold.
You got that right.
Now, if the judge doesn't give them the instructions - then it could be not guilty? - Yes.
And you know this from the question? I do not know this, Dan.
I think a solid number of jurors are saying they don't buy the charges and they want something else.
And if we get the judge to reconsider and offer that something else, - I can almost guarantee you - They're gonna convict.
- I'd do another year.
- Which is good, considering.
And they get to choose from what they've already got.
They can go voluntary manslaughter.
That's ten years.
That's a possibility.
Look, just get me out of here.
Okay? And the state's position, Mr.
Cole? I don't know, judge.
There doesn't seem to be a lot of ambiguity here.
They're asking for a lesser charge.
And you'd yield to a supplemental instruction? If Your Honor so disposed, the state withdraws its objection.
Oh, jeez, can you guys just get over yourselves? - Pardon? - If the court so disposes, we'll yield to a supplemental.
Look, if it makes you guys feel good to hide behind shoptalk, knock yourselves out, but I got a client to defend.
Are you mocking me, Mr.
Morelli? Me? No, Your Honor.
- The jury is mocking you.
- Oh.
What do we got up there? A couple of grade school teachers, a dealer from the Trop? And cripes, is there a real estate agent in the jury? A real estate agent too.
And they all know the law better than you.
Counselor, are you drunk? Come on.
Quit wasting my time and just give the jury the new instructions like I already told you.
One more word and you're fined.
Fine me.
It's not gonna make you a better judge.
A thousand dollars.
Pay by the end of the day.
- Oh, please.
- Nicky.
Nicky.
Nicky.
No, no, no.
Let's just get this over with and offer the damn instructions.
I will not! I will reread what they have and I will advise them that is sufficient.
- Don't be stupid.
- Two thousand, counselor.
Get the hell out or go to jail.
- Judge, no.
Judge, how can you let? - Enough! Get out! Bold enough for you? All rise.
Sit.
I cannot answer your question directly.
I'm going to ask you to resume your deliberations with instructions you've already received.
I think you'll find that sufficient.
Psst! Tell him 10:00 tomorrow morning.
- Hey, you two.
- Hey.
Hey, I was just telling Ms.
Tyler here we're gonna stipulate to dismiss the kidnapping charges against Ray McWhorter.
- Oh, yeah? Great.
- Yeah.
- Well, yeah, thanks.
- Call to discuss a plea? - Will do.
- Great.
- What just happened there? - You won.
Ray won.
We won.
- How? - What did you say to her? Absolutely nothing.
- You? - Nothing.
Uh, what was that look she gave you? - What look? - She gave you a look.
I didn't notice.
Whatever.
- Counselor, congratulations.
- Hmm.
A win is a win.
I gotta run.
Congrats.
How you feeling? Like I'm all in on a pair of tens.
- A pair of tens ain't bad.
- Yeah.
Jacks are better.
Hey, how are things with you and Jess? You talk? Yeah, I think I made things worse.
I'm sorry.
Hey, listen.
If you're, uh, not gonna be using those Junior tickets, I can take them for you.
You asked how the wife is, you want the tickets? - No, I care.
- You care about the tickets.
- I care.
- Oh, come on.
All right.
All rise.
Mr.
Foreperson, could you give your verdict to the bailiff? "In the matter of Daniel Shepard, case 47387 in the Clark County District Court, as to count one, murder in the first degree: Not guilty.
As to count two, murder in the second degree: Not guilty.
As to the final count, voluntary manslaughter: not guilty.
" Yeah.
Hey, Nicky.
Hey, heh, thanks for coming, man.
What are you, crazy? It's Junior.
Nicky, cheers.
- Stop it.
- What the hell? Zoey? I got tickets.
And they're right up front.
Ladies and gentlemen, the Congo Room is proud to present a man who needs no introduction.
Join me in welcoming.
- Frank Sinatra, Jr.
- Yes! That face.
Yeah.
That face, that wonderful face It shines.
Woo! Woo! It glows all over the place.
And never will these eyes behold.
A sight that could replace that face.
Oh, that face.
That face
It's American.
Look what you've done to my face.
It's like a Brillo pad when you don't shave.
My face feels like raw hamburger meat.
You feel like that anywhere else? You're naughty.
Good Lord, what is so interesting about a billboard? What billboard? Mm.
Oh, I guarantee you, that's my plane.
Um, I'll see you in two weeks? Maybe next time we can go out for dinner.
Anywhere you want.
Thanks for flying Tawney.
Bye.
Woo! - You're late.
- Me? Come on.
Just follow me.
And whatever you do, don't smile.
Oh, um, well - Have a great day, judge.
- Hey, Jerry.
How you doing? How's the kid? Hey, good.
Thanks for asking.
Good.
I'm, uh, here with the new judge, Honorable Lisa Tyler.
She looks a lot younger than she actually is.
Uh-huh.
- Heh.
- Good morning, judge.
- Thank you, Jerry.
Thank you.
Come on, come on, come on.
Just go.
- Judge Tyler? - Nick.
Where the hell are you? We're gonna miss the whole What? What? Oh.
Stay there.
No, stay there.
Unbelievable.
Déjà vu.
Could have sworn I saw you in that suit and tie yesterday.
- Hi, good morning.
- Good morning.
Of course, I'm sorry.
Meredith Kramer of the DA's office, this is our new associate, Lisa Tyler.
Oh, the ex-dancer.
Yes.
Welcome.
And congratulations on joining Morelli-Kaczmarek.
I guess no respectable firms were hiring.
Crack up.
Lisa is gonna be working Ray McWhorter with me.
Oh, great.
Well, um, listen, don't waste your time on the kidnapping because those charges won't go away.
And remember, no lap dancing for the jurors.
It could be contempt.
- Excuse me.
I'm not - Ignore that.
We got a case to try.
And it's against her.
- So it's a kidnapping, right? - Oh, there's Ray.
Ray.
- Hey, Pete.
- How are you? He's just a kid.
Okay, we are way down the list.
Hold down the fort.
Wait, wait.
Uh - You're leaving? - Yeah.
Nick and I got something big.
Just make sure he says not guilty.
No, no, no.
Hang on.
Hey.
What are the charges? The kid, I don't know It's all in here, case number, everything.
It's just an arraignment.
Not guilty.
You should probably take a seat.
Case number 09F26139B.
- Good morning.
- State of Nevada v He's over there.
- Another one.
- Hey, Nick.
How you doing? It's awful.
Twenty years and a guy gets this.
- Are you out of your damned mind? - Am I? You had your wife followed.
Are you nuts? She's cheating on me, Pete.
Cheating? She's got a book bag, Nick.
- The guy gave her a ride from school.
- Uh, uh - On a motorcycle.
- No more.
No more.
- We're cutting him off.
No more.
Nick.
- Come on, come on, come on.
You guys are separated.
She can do what she wants.
Oh, she can cheat.
She can't cheat, Pete.
Come on.
Look at her.
Look at her.
- Look at the smile on that face.
- Nothing, nothing.
What do you mean? Look how close they're standing.
You got a hug, Nick.
That's it.
No kiss.
Just a hug.
Look at the hand.
Look at the hand.
She's pressing him.
- A polite tap.
Like, "What's up?" - Give me that.
- Does that look just like a hug to you? - Give me these.
It's 10:30 in the morning.
We're gonna miss the whole thing.
Lose the photos, okay? It's embarrassing.
And stop having your wife followed or I'll file a restraining order myself.
Okay.
Okay.
I don't know.
I thought things were starting to look up, that's all.
I mean, she started laughing like she used to.
I was gonna take her out on a date.
I'm gonna take her to see Junior.
I had a table right in the front.
- Whoa, you got tickets to Junior? - Eh, does it matter anymore? Yeah.
I've been trying for a damned month.
Zoey, what's up? We're on our way in.
When? When? Okay, tell them we're on our way.
We gotta get you a coffee.
Click call from County.
Dan Shepard.
Door.
You two, let's go.
Hey, Dan, you all right? Sorry, guys.
I can't do it.
- Can't take the plea? - It was a mistake.
I can't just agree to go to prison.
But, Dan, uh, you want to go to trial? - Really? - Yeah.
You said you were ready.
- The judge was ready.
- Yeah, yeah, yeah.
But we informed the court last night that you accepted the state's offer.
But there's still a jury, right? So we just stick with the not guilty and we just go ahead.
We could do that, but you got a good deal.
Three years is a good deal.
I don't want good.
A bunch of guys beat my brother near death.
- Okay.
- And I go to prison? No.
Look, Dan, anyone could have done what you did.
I would have.
But the DA is not interested in justice here.
- This is about winning.
- Yes.
And they could win.
You know that.
We explained that to you.
I changed my mind.
I can do that.
It's open murder in Nevada, okay? They can throw everything.
First degree, second degree, manslaughter.
They will bury this jury in charges.
They'll confuse them.
The jury is a wild card here, bud.
They could They could give you 40 years.
The three you do with this plea gives you a chance to have a life.
No.
What kind of life is that? - I didn't do anything wrong.
- Look.
You wanna go into court tomorrow and tell them to shove it? We'll do that.
But do me a favor, all right? - Sleep on it? - I'm sorry, Nick.
No deal.
- I'm just saying, be bold.
- Be bold my ass.
He's tossing a great deal.
Bad decision.
Not if we win.
You know how dumb that sounds coming from a Vegas lawyer? - I'm just saying.
- I know what you're saying.
Be bold.
Bet the house on red.
Not your life you're risking.
- All right, here we are.
- I don't think we missed it.
- Nick, you ready for this? - Wow! We didn't miss it.
We didn't miss it.
Wait for it, Nicky.
Wait for it.
Woo! Ha, ha.
Son of a We didn't miss it.
Would you look at that, Nicky? We're huge.
- Yeah, ha, ha.
- Yeah, we're bigtime, baby.
Do the stance, Nicky.
Do The Defenders' stance like in the poster.
- Come on.
- Nah! Come on, do it.
Do it.
- Yeah.
- Yeah.
Yes, baby.
The Defenders.
Morelli-Kaczmarek.
May I have them return? Thank you.
Aspirin, coffee.
Hold my calls.
Nick, Pete, this is - Eva.
- DeMoan.
Yes, of course.
We are, uh, huge fans.
Let us know if we can be of any assistance.
You found the best adult film lawyer in the business, Ms.
DeMoan.
We are very proud to have Lloyd with us.
- After you.
- Well - Bye.
- Pretend you are a professional.
Messages, Zoey.
Bill Demear from Winston-Kerner.
Contractor says he's almost done with your bathroom.
You should be out of that hotel in about a week.
And some Nina, staying at the Wynn.
Said you'd remember, which I'm sure you don't.
Just give me that.
Any luck with Junior? I tried everywhere.
Those tickets are gold.
- It's impossible.
- Wrong answer.
Keep trying.
Morelli-Kaczmarek.
Hey, how did Ray plead? - May I close this? - Sure.
- Not guilty.
- Great.
Nice work.
What's up? It's none of the DA's or anyone else's damned business - how I put myself through law school.
- Heh, agreed.
- Did not get it from me.
- I will not work like this.
I don't give a rat's ass you're the only law firm that offered me a job.
I'll go back to dancing.
Ray McWhorter is not some case number.
And you sit me in that courtroom completely unprepared to work - Not guilty.
You entered the right plea.
- Pete, that doesn't matter.
I was representing a young boy in court not knowing a damn thing about him.
Okay, okay.
What do you know now? Take me through it.
Well, to begin with, he's a mixed-up teenager without a record who robbed his pot dealer.
Pointed a gun.
Yes, that's a serious crime.
But the kidnapping charge is just ridiculous.
How so? You got movement, you got risk.
Telling the dealer to move ten feet into his own bedroom to get the pot was incidental to the robbery.
- Kidnapping would be dual liability.
- Okay.
All right, you're a big girl.
Just graduated law school.
What would you do? I would fight the kidnapping.
- Look at that.
Perfect.
- But that There you go.
You figured out the whole case.
The defense, that the prosecutors are overcharging scumbags.
All I had to do was get you to court on time.
But that's not my point.
My point is that Lisa, have a seat.
My first day, Nick tossed me in the deep end.
End of that day, I'm in his office, I'm screaming at him: "I could have made a mistake.
These people are counting on us.
You son of a" And I just look up and he's smiling.
And before I could punch him, he says: "I'll be damned.
I thought I was the only one dumb enough to care so freaking much.
" Lisa, you're gonna be a great lawyer.
And right now, we need all hands because Dan Shepard is going to trial.
Thomas Cole for the people.
Nicolas Morelli for the defense.
Pete Kaczmarek for the defense, Your Honor.
- Good morning, gentlemen.
- Informed we have a disposition - in this case? - No, Your Honor.
No? Not today? Not at all.
Mr.
Shepard maintains his innocence.
Mr.
Shepard, you were offered a plea, voluntary manslaughter with a sentence of six years.
That with good behavior could have you out in three.
- Your Honor - And, sir, I can tell you your lawyers are very good at certain things.
And the deal they have made for you reflects that.
But trial is an uncertain bet.
Conviction on the most serious charge against you could lead to a term of 40 years to life.
Do you understand that? - He understa - I'm talking to him, counselor.
Do you withdraw your deal with the state and maintain your original plea? Uh, yes, Your Honor.
Not guilty.
In light of the late change of circumstances, we would request more time in order to prepare.
- Continuance denied.
- We still have a jury.
I see no reason to delay Mr.
Shepard's day in court.
I will see you at 9 a.
m.
Uh, tomorrow, Your Honor? Talk to your client, not to me.
Let him know what he has just stepped into.
- You are risking a - Goodbye, counselor.
They were all over him.
Just pounding him, kicking him, swinging.
They could have killed him.
I came out and the guy rushed me, so I shot.
I thought I shot the ground just to scare them.
Oh, God, I did not mean to kill anybody.
I was only trying to help Scott.
Oh, I don't know.
Maybe I could have done it better.
There.
"Maybe I could have done it better.
" The DA is gonna rub the jury's nose in that.
Say it's an admission of guilt.
We introduce it first.
Stress how he's trying to save his brother.
Pete.
He says it.
Could have done it better.
How do we fight our own guy's words? Nick, he shot a guy.
Only a real dirtbag doesn't feel some guilt.
Yeah? Got a shrink that's gonna testify to that? Because we got nothing.
They got forensic evidence that says Dan shot the guy in the back.
We got squat.
No witnesses.
No docs.
Play the hand we've been dealt.
We've done it before.
Oh, Sammy's game starts at 5.
I promised I wouldn't be late.
Hey, this P.
D.
interview of Dan's neighbor Eunice Brown says she witnessed the fight.
Yeah, forget that.
Been there.
Eunice Brown is 200 years old and legally blind.
But wait, Nick, though.
She says, "I could hear them yelling.
We went to the window, but I couldn't see.
" - So? - Guys, according to P.
D.
, the woman lives alone.
Husband is dead, but, "We went to the window?" So who is we? Find out.
- Yeah! Woo-hoo! - Go! - Woo! Come on, come on, go, go, go! - Yes! Woo! - Excuse me.
Excuse me.
Oh, Jessie, Jessie.
- I am so sorry I'm late.
- Oh, no.
- What time is your class? - I'm okay still.
- You're okay? - Yeah, yeah.
It's 2-2.
Sammy walked in the third.
He scored the tying run.
- He scored? - Yeah.
Hey, Sammy, way to go, champ! - Heh, that's my boy.
- Come on! - He scored.
- Yeah.
How about you? - Did you score lately? - What? Oh, you know, maybe a little birdie told me that you had a date last week.
- Excuse me? - Five-ten, rides a motorcycle.
Yeah, a little bird, uh, - what the hell does that mean? - What? Did you have me followed? - What? - Did you have Frank follow me? - I didn't say that.
- You did.
- Oh, my son of What do you mean? - What? There's no reason to get bent out of shape.
A little bird told you that? - It's around.
- There had better not be any photos.
Oh, there are photos.
- I was gonna ask - Oh, my God.
I can't You know what? It is none of your business if I am dating or not.
So you can go tell that little bird to go and fly into a wall.
Beat it out! Beat it out! - Sammy, wake up! - Go! Yeah.
It's all right, it's all right.
It was just the usual party after the football game at my house.
A bunch of guys stayed over including John.
That would be John Thompson.
Yeah, he was my best friend.
I really didn't know why it happened.
I mean, we didn't want any trouble.
But trouble found you, didn't it? - Objection.
- Sustained.
Let's go back to the night before the shooting, Mr.
Ford, and your party after the game.
You spoke to the police.
Some neighbor called and said we were being too noisy.
And did the police say who it was that made the complaint? No.
Just a neighbor.
- Yes? - Eunice Brown? - Yes.
- Hi.
I'm Lisa Tyler with Morelli-Kaczmarek.
- We represent Daniel Shepard, your - No.
I won't get anyone in trouble.
In trouble? No, of course not.
Um You know, I'm sorry.
I'll leave you alone.
Thank you.
We went out for breakfast.
It was me, Mike, Ford and John.
That would be John Thompson, - the victim.
- Yeah.
When you got back to Mr.
Ford's house after breakfast, did you find his neighbor, the defendant? Yeah.
He was out in the street with his brother screaming how Ford slashed his tires for calling the police on the party.
But Mr.
Ford has testified that he didn't know who called the police.
- Did you know who called the police? - No.
Dan Shepard hit you, did he not? Yeah.
I got out of the car and he sucker-punched me.
- That's when the fight started.
- Over car tires.
- Did you slash his tires, Robert? - No.
- Why would I? - Right.
Why would you? Or Ford? Or John, who lost his life? - Objection.
- Over something stupid that none of you had a motive for.
- Objection, Your Honor.
- Sustained.
Mr.
Cole, leave the editorial for the papers.
No more questions.
Okay, um, Mr.
Church, you testified that the fight started here on the street - in front of Mr.
Ford's house? - Yes.
And it ended there in the Shepard's drive.
- Was that about right? - Uh, yeah.
Yes.
How did the fight get from here - to there? - I don't know.
- It's a fight.
They go all over.
- What, you've been in a lot of fights? - Objection.
- What? He says he knows fights.
- He knows how they go.
- Keep it short.
How many fights have you been in, Mr.
Church? One to five, five to ten? A few, okay? - I don't start them.
- Have you ever lost one? Probably not, right? I mean, look at you, you're a big guy.
What are you 245, 250? Actually, in your, uh, high school football roster, God, Ed Ford here is 210.
Mike Wiez is, wow, 260 pounds.
- And John was 220.
- Judge, is there a question here? It's the same, Mr.
Church.
How did the fight get from here to there? I mean, four big football players against two skinny guys.
Did you push the Shepards here? Or did you chase them? Excuse me? What's your name? - Ana.
- Ana, I was wondering if we could talk? It's about the neighbor, Daniel Shepard.
The shooting? You're saying that you were inside Mr.
Ford's house when you heard yelling, Ms.
Novak? Yes.
I went out into the yard and saw them.
They were over by the other house.
The other house, the defendant's house? Yes.
They were all fighting.
And I was like, "John, John, stop.
Let's just go, okay?" And that's when it happened.
He walked out of the house with a gun.
I could see it.
And then he just shot John.
He just shot him.
You.
He was on his knees begging you and you shot him.
You shot him in the back.
Thank you, Ms.
Novak.
It didn't go so well, but we're headed back in now.
Zoey, let me call you from the car.
Hey, Scott.
How you holding up, man? You should have convinced him to take the deal.
- Scott, it was Dan's decision.
- It was a mistake.
Hey, you know You should have convinced him.
Hamels has been on his game.
He delivers fastball.
Swung through and the count evens up at 1 and 1 to Uggla, let's Hey, Sammy, what are you doing? - Hmm? - Eat your vegetables.
I don't like vegetables.
- It's on a pizza.
- Ugh.
Hamels in with the sign.
One more time.
There's Chase.
And the delivery.
- Oh, it hits his back.
- Whoa, it could have killed him.
Up and in, hits Uggla in the back.
And he'll be the first baserunner tonight for the Marlins.
You're a good boy.
All right, I'm here.
- What you got? - Fight's under the carport.
Dan goes into the house to get the gun.
He comes out to the door here.
Thompson is somewhere in between.
I figure right about there, right? Nick, we got to be downtown in 20 minutes.
Okay, you be Thompson.
You stand right there.
I'll be Dan.
And when I come out the door, you rush me.
Hey! Hey! What the hell is your problem? You jerk.
This is a $200 shirt.
I'm sorry.
I got another one in the car.
The bullet entered the trapezius muscle and traveled down through the torso exiting the oblique.
- And what does that suggest, doctor? - Put simply, the victim, Mr.
Thompson, was shot in the back from above.
- Like an execution? - Objection.
Move to strike.
- Strike that.
- Thank you, doctor.
No further questions.
You're a baseball fan, right, Dr.
Pitts? I watch a bit.
Yes.
Yeah.
So you've seen it when a batter gets hit by a pitch.
Before he gets hit, he turns away so he doesn't get beaned.
It's, uh, human nature, I suppose.
Uh, wouldn't it be human nature then for John Thompson when seeing the gun to turn away resulting the bullet going through his upper back? - It's possible.
- Possible.
Possible that Thompson turned away from the gun, he flinched? Yes, perhaps.
But, ugh, it's not simply the turning away that's important here.
- Right.
- It's the angle of fire.
- Okay.
- The trajectory.
The bullet entered here and exited here.
I have no choice but to conclude that the shooter stood over the victim, who I suspect was down on his knees.
Wow, chajectory.
- Trajectory.
- Right.
Chajectory told you all that? Yes.
It's a matter of the relative heights of the defendant and victim.
Oh, I get it.
Okay.
So then, uh, would it make a difference in your chajectory if John Thompson were, say, 4 feet tall? - Heh, excuse me.
- Or Daniel Shepard was 8 feet tall? - Would it make a difference? - Obviously, there's Absolutely.
- Oh, okay, okay, okay.
- Ha, ha.
Your Honor, Defense Exhibit 4 and 5.
Here, Dr.
Pitts.
Here.
There, between the doorframe and the driveway.
- Does that look like a step to you? - Where? I don't see anything.
A step right outside the back door, Objection.
He's testifying.
Okay.
Uh, I'll rephrase that.
Okay, Dr.
Pitts, if Daniel Shepard were above John Thompson when he shot, say, up on a step.
If you were 8 feet tall, would that account for the bullet's chajectory? Yes, I suppose.
- Thank you so much, Dr.
Pitts.
- Hmm.
Oh, I'm sorry, I need those photographs Objection.
Your Honor, there's no room for these antics - in a serious courtroom.
- Morelli.
- I'm warning you.
- I am so sorry.
Oh, doctor, I am so sorry I got water all over your back.
Morelli-Kaczmarek, may I help you? I'll let him know.
- Nick in yet? - At the courthouse with Lisa.
- Already? - Mm-hm.
Your billboard is working, Pete.
Give me the short version.
Okay, Mrs.
Cambell had a statue fall on her foot at Caesars.
And Candy and Mandy and their agent are here to see Lloyd.
And Mr.
Wallace got married last night and he needs an annulment.
Oh, and sorry, still no luck on Junior.
Oh, cripe, I can't deal with this now.
Call Lloyd.
Just have him take names and numbers.
I gotta get to court.
Pete? Defense calls Ana Mendez.
Your Honor, may we approach the bench? Oh, no, she's a I need a recess, judge.
This witness was only added today.
We only found her yesterday, Your Honor.
Recess now and he'll have her in an immigration court by sundown.
- I resent that.
- I don't care.
Do it fast, Mr.
Kaczmarek.
I want this trial over with today.
We went to the window when we heard the yells and screaming.
- Screaming? - From the girl watching them fight.
Defense Exhibits 7 and 8, Your Honor.
Is this the girl? - The girl we saw crying in court? - Yes.
This is a photo of her last weekend that we found on a social networking site.
You heard her screaming at John Thompson to stop fighting and come with her as she testified here in court? No.
She was screaming "Kill him, kill him" to the ones fighting.
- Kill him? - "Kill him.
Kick his head in.
" She was cheering.
Cheering? Cheering who? The ones kicking the boy.
The four of them kicking and pounding.
He was cornered like a dog.
What happened next, Ms.
Mendez? A gunshot.
And then I saw a man at the door.
It was all very fast.
All right, let's just make sure that we have this right, Ms.
Mendez.
You heard the shot and then you saw a man at the door.
Dan Shepard.
That's exactly how you remember it? Yes.
And then they ran.
Except for the one who did it.
One last thing, Ms.
Mendez.
Why not come forward before and tell the police about what you saw? There were others who saw.
And I was afraid.
But when you spoke with Ms.
Tyler, you decided to take a big risk and testify today.
Why? Ms.
Tyler said if it was my brother here, this is the right thing.
Thank you.
The defense rests, Your Honor.
People would request instructions to the jury on first, second and voluntary.
We have proposed language.
There was no evidence offered for first.
You can't just throw that in.
Ms.
Novak testified she saw an execution and the ME corroborated.
Novak lied and the ME embarrassed himself.
Enough.
Ample evidence was presented for first.
I'll also instruct on two manslaughter.
Here's language for the Crawford and your involuntary instructions, Your Honor.
People object to instructing.
- What? - Excuse me? Involuntary is for accidents.
- Can't have an accident with a gun.
- Like hell you can't.
This isn't a hunting mishap.
He fired the gun with intent.
Intent to scare them off.
He didn't intend to kill anybody.
This is involuntary at worst, Your Honor.
Pulling a trigger is a voluntary act, counselor.
Judge, that is not the standard.
No evidence, no instruction, Mr.
Morelli.
- There's your standard.
- You are wrong.
We deserve to have them hear the lesser charge.
Let the jury decide intent, not you.
- I want this on record.
- You're on record.
I'm bringing the jury in.
We'll finish this thing today.
- Screw him.
Instruct them yourself.
- Jerk.
When the defendant left the fight and returned to his house, he could have called the police.
But, no, he made a different choice.
He chose to bring a gun to a fistfight that started over damaged car tires.
Premeditation doesn't have to be months or weeks or even hours.
But just a few coldly considered choices.
The defendant stood over John Thompson and deliberately fired.
It was an execution.
Ms.
Novak told you that and Dr.
Pitts corroborated.
Dan Shepard made a terrible choice.
And John Thompson paid the ultimate price.
Only you can make that right.
Thank you.
Mr.
Cole is wrong.
Mr.
Cole is wrong on the facts and he's wrong on the law.
I mean, Dan Shepard did choose to get a gun, yes.
And he did intentionally shoot.
But he did it to keep four men from beating and kicking and pounding his brother's head into the concrete driveway.
Dan had every right to try to protect his brother.
His only family is getting his head kicked in.
And his intention, his only intention, is just to stop it.
Dan Shepard didn't go out there that day to kill anybody.
It wasn't his plan to voluntarily take John Thompson's life.
He did it to save him.
He was legally justified in using force to protect himself and his family.
I don't know.
I think about it and I think Now, what would I do if it was my brother? What would I do if it was my sister? Or anybody I loved? If you were afraid that you were gonna lose them forever, what would you do? What? Hey, this is Jess.
Sammy and I aren't home right now.
But we are looking forward to your message.
Thanks.
Ryan, keep it out front.
Hey, I got an idea.
Meredith, how about just once as an experiment you charge that Ray McWhorter kid for what he actually did? - McWhorter is guilty.
- Hmm.
I know.
But not that guilty.
He held up his pot dealer.
He didn't kidnap him.
I thought your stripper was handling this.
- We're working it together.
- Oh, heh, I bet you are.
But that's not really why you called me, is it? Well, no, but as long as you're here Look, I'm not asking you to actually give a crap about the kid.
I'm not under any delusions about who you are.
You know what? Forget I even asked.
Let's face it, it's just not in your nature.
You really don't like me much, do you? Why? You starting to like me? Not really.
Hey, sorry I'm late.
Hard night.
- What do they want? - Wait till you hear this.
The jury has asked: "What do we do if we think Dan Shepard did something wrong but we don't think he intended to kill Thompson?" - You sure you got that right? - It's a jury question.
I had the bailiff read it twice.
Wait, wait, wait, it's basically the definition of involuntary manslaughter.
Nicky, you are a genius.
You are a genius.
You guided them right there.
And now we get the judge to revisit his ruling.
Give the instruction.
Unless he wants to get reversed, he doesn't have a choice.
Um, this is all good, right? Well, the jury is basically telling us they'd convict Dan on involuntary if they have the charge, but they don't have it.
They don't even know it exists.
And Dan gets a year if we get the judge to reconsider.
- That's a win.
- Yeah.
Well That would be a win.
- What? - The jury is telling us that they won't convict on the charges they got.
- So why give it to them? - So, what are you saying? - Now we don't want the involuntary? - No.
Not anymore.
But you just asked the judge for it today.
How do you tell him you don't want it tomorrow? Wow, Nicky.
- Bold.
- Uh-huh.
Very bold.
You got that right.
Now, if the judge doesn't give them the instructions - then it could be not guilty? - Yes.
And you know this from the question? I do not know this, Dan.
I think a solid number of jurors are saying they don't buy the charges and they want something else.
And if we get the judge to reconsider and offer that something else, - I can almost guarantee you - They're gonna convict.
- I'd do another year.
- Which is good, considering.
And they get to choose from what they've already got.
They can go voluntary manslaughter.
That's ten years.
That's a possibility.
Look, just get me out of here.
Okay? And the state's position, Mr.
Cole? I don't know, judge.
There doesn't seem to be a lot of ambiguity here.
They're asking for a lesser charge.
And you'd yield to a supplemental instruction? If Your Honor so disposed, the state withdraws its objection.
Oh, jeez, can you guys just get over yourselves? - Pardon? - If the court so disposes, we'll yield to a supplemental.
Look, if it makes you guys feel good to hide behind shoptalk, knock yourselves out, but I got a client to defend.
Are you mocking me, Mr.
Morelli? Me? No, Your Honor.
- The jury is mocking you.
- Oh.
What do we got up there? A couple of grade school teachers, a dealer from the Trop? And cripes, is there a real estate agent in the jury? A real estate agent too.
And they all know the law better than you.
Counselor, are you drunk? Come on.
Quit wasting my time and just give the jury the new instructions like I already told you.
One more word and you're fined.
Fine me.
It's not gonna make you a better judge.
A thousand dollars.
Pay by the end of the day.
- Oh, please.
- Nicky.
Nicky.
Nicky.
No, no, no.
Let's just get this over with and offer the damn instructions.
I will not! I will reread what they have and I will advise them that is sufficient.
- Don't be stupid.
- Two thousand, counselor.
Get the hell out or go to jail.
- Judge, no.
Judge, how can you let? - Enough! Get out! Bold enough for you? All rise.
Sit.
I cannot answer your question directly.
I'm going to ask you to resume your deliberations with instructions you've already received.
I think you'll find that sufficient.
Psst! Tell him 10:00 tomorrow morning.
- Hey, you two.
- Hey.
Hey, I was just telling Ms.
Tyler here we're gonna stipulate to dismiss the kidnapping charges against Ray McWhorter.
- Oh, yeah? Great.
- Yeah.
- Well, yeah, thanks.
- Call to discuss a plea? - Will do.
- Great.
- What just happened there? - You won.
Ray won.
We won.
- How? - What did you say to her? Absolutely nothing.
- You? - Nothing.
Uh, what was that look she gave you? - What look? - She gave you a look.
I didn't notice.
Whatever.
- Counselor, congratulations.
- Hmm.
A win is a win.
I gotta run.
Congrats.
How you feeling? Like I'm all in on a pair of tens.
- A pair of tens ain't bad.
- Yeah.
Jacks are better.
Hey, how are things with you and Jess? You talk? Yeah, I think I made things worse.
I'm sorry.
Hey, listen.
If you're, uh, not gonna be using those Junior tickets, I can take them for you.
You asked how the wife is, you want the tickets? - No, I care.
- You care about the tickets.
- I care.
- Oh, come on.
All right.
All rise.
Mr.
Foreperson, could you give your verdict to the bailiff? "In the matter of Daniel Shepard, case 47387 in the Clark County District Court, as to count one, murder in the first degree: Not guilty.
As to count two, murder in the second degree: Not guilty.
As to the final count, voluntary manslaughter: not guilty.
" Yeah.
Hey, Nicky.
Hey, heh, thanks for coming, man.
What are you, crazy? It's Junior.
Nicky, cheers.
- Stop it.
- What the hell? Zoey? I got tickets.
And they're right up front.
Ladies and gentlemen, the Congo Room is proud to present a man who needs no introduction.
Join me in welcoming.
- Frank Sinatra, Jr.
- Yes! That face.
Yeah.
That face, that wonderful face It shines.
Woo! Woo! It glows all over the place.
And never will these eyes behold.
A sight that could replace that face.
Oh, that face.
That face