01x08 - Unprepared

[bunniefuu]

Alicia, um, we... we need you to do something that we didn't expect.

Will you testify?

Mrs. Florrick?

Sorry to keep you waiting.

We had to move them.

I put them in the jury holding room.

And I'd do it again.

But I do wish that every prosecutor had my experience of walking in a convict's shoes.

Well, you must've seen the articles or heard the rumblings.

With crime rates up and disappointment in your successor rising, The voters seem to want you back.

Well, russ, I'll always remember what my dad told me.

And he said, "if you're ever granted a second act in life, don't repeat the first one."

So as gratified as I am by all the talk, I think...

I think that's all it is: talk.

So, then, what's next for Peter Florrick?

I've got to go into that courtroom in the next few weeks and win this appeal.

That's not gonna be easy.

I have a family... a wife who's been nothing short of amazing, two kids... strength through all of this.

I'm very proud of them. I promised to address the elephant in the room, and so I have to do that now.

What drove you to seek prostitutes when you know it could put your life and your career in so much danger?

I'm a flawed human being.

And, uh... and I've paid a heavy price.

I'm not complaining.

That's just the truth.

But I've looked in the mirror, and what I've seen, I don't like.

And I'm gonna change it.

That said, I do think it's time to turn the page, look to the future.

Thanks, love.

Oh, God, you smell good.

How'd it go?

Good, I think.

It was kinda weird.

Oh, by the way, this is Kya Poole, LLC Consultants. She's a reputation manager.

Hello, Mrs. Florrick. I have a lot of respect for you.

Thank you.

Thanks.

Hope it fits.

Prison fare takes its toll.

So I'll just change. Jim, can I use the bathroom?

That's the look the public misses: confident, real, optimistic.

Know what he was talking about at that moment?

You.

I have to go.

Stern, Lockhart & Gardner, right?

Yes.

Say hello to will.

Hey, you'll drop by later, right?

Yeah, I'll stop by after work.

Good.

I'm sor... sorry. What was the question again?

You work at Chicago Polytech, isn't that correct, Professor Whitton?

Yes. I, um, uh...

I received a grant to research cellular reproduction...

I'm sorry, cellular reproduction in pluripotent stem cells.

More commonly known as cloning?

Yes, I... I'm sorry.

Yes, cloning.

Why does she keep apologizing so much?

That's who she is.

Now, the prosecution contends that you buckled under the pressure of your research.

You were supposed to deliver your results, and you missed several deadlines.

Missing deadlines is just, um, I mean, everybody misses deadlines.

Did you set the fire that destroyed your lab, Professor Whitton?

No...

Never. I, uh...

Look, I was on the verge of a career-defining fellowship at cCmbridge.

I would never do anything to hurt my research.

Where were you at the time of the fire?

Um, I was running on the, uh, track across campus.

This is like watching a baby seal being clubbed.

That's after how many sessions of witness prep?

Three.

You can't put her on the stand.

The stammering, the nerves; she looks guilty.

She's innocent.

Yeah, well, so's my four-year-old niece, but I wouldn't put her on the stand either.

What do you get from her?

Denial, alibi, context.

You still have the alibi witness?

And the guard and the arson expert.

I'd keep her a mile away from the stand.

You put her on, she's going away for 15 years.

That puts more pressure on the other witnesses.

Get some tougher witness prep, will ya?

Those were wiffle balls you were throwing at her.

Will, we're stretched a little thin here.

The layoffs?

Uh, I'll put Josephson on it.

Josephson?

No. I need it to be tougher.

More blood sport.

You get two lawyers who really butt heads, make them prosecution-defense.

You need this to be more Darwinian, more real world.

Doesn't get more Darwinian than that.

Witness prep 108.

Keith Thomas, arson expert.

Mr. Thomas, can you give us your professional opinion of the arson investigations?

It was a rush to judgment.

The fire department labeled it an arson, but the reality is, it could've been an accident.

But arson investigators said they found traces of lighter fluid at the crime scene.

They're calling it lighter fluid, but what they really found was butane, which is not only commonplace in a lab, but could spontaneously ignite.

Thank you, sir.

Spontaneously ignite?

Are you serious?

Yes, I am serious. I try to be.

Okay, well, then let's continue in this serious vein.

Aren't all the flammable liquids stored in steel cabinets On the other side of the lab?

Yes, I believe that's correct.

You believe that's correct, but you don't know.

Wouldn't you object at this point?

No, she wouldn't.

Just do your best, sir.

We're just trying to prep you for the tough questions.

I misspoke. I should have said, "yes, that's correct."

What about the wax residue found at the crime scene?

Investigators say it came from a birthday candle used as part of a time-delay incendiary device.

You ever seen that before?

A birthday candle can be used as a three-minute fuse allowing the arsonist to flee before a fire.

But I think it's far more likely to have come from some wax paper, which would not be out of place at a lab.

Yeah, I seen that all the time in labs, for sandwiches or comb harmonicas.

That's kinda rude.

Oh, I'm just getting started.

Did you ever visit Dr. Whitton's lab, sir?

No. I'm an expert witness; I'm not an investigator.

Did you evaluate photos of the crime scene?

Yes, I did.

But ultimately, your assessment of the fire is based on pure conjecture.

I'm offering my theory based on years...

Which you're being paid for.

As are you!

Yeah, but only one of us is trying to sell their theories as truth.

Okay.

Let's just sum up, shall we?

Your belief is that a rag soaked in butane... a chemical which Dr. Whitton never used in her work... somehow migrated across the lab and into her research area, and then spontaneously ignited on a piece of discarded wax paper.

He was the best. Really.

We had three other arson experts, all half as good.

Well... you know how I'm always looking for a silver lining.

It was a nice cross by your boy.

Yes.

Darwin is alive and well.

The bad news is, we can't sell this as an accident.

Wax paper and spontaneous combustion?

Jurors will laugh you out of court.

So if we can't sell it as an accident, sell it as arson, just not by Ellen.

You're doubting my story?

No, we just feel we have better options.

But... but if I don't testify, won't the jury think that I'm... suspicious?

It's all about finding the best strategy for acquittal, Ellen.

They've taken my passport.

Yes, well, that's...

...Standard.

Would you excuse me, please?

I... I'm... I just... you know... it feels like I'm just being put in a smaller and smaller box.

When does your family arrive?

They're not coming.

The last continuance, they lost money on the plane tickets, and I just Told them not to come.

I don't know anyone here.

I'll be right back.

You can go, too, if you want.

It's all right.

It's not.

I'm facing 15 years in prison.

Left-wing bioconservatives, religious bioconservatives, animal rights activists...

Ellen's lab received hate mail from all of them.

Okay, good.

Cary, you continue with witness prep.

Alicia, you help him.

Try to keep it competitive.

Tamara, keep me in the loop.

What'd I miss?

Plan B: religious fanatics.

Saw your husband's appeal starts today.

Yep.

Should be interesting.

I'm kind of nostalgic for when things weren't so interesting.

You need a drink.

Probably.

Hey, Mike.

Judy, you look great.

Oh... Thank you.

Hey, Bob, Alex.

Peter.

Nate.

So, you've gained a few pounds.

I heard you, uh, made some new friends in Tamms.

Yeah, a nice burglar.

I gave him your address.

You believe that?

I hired Landry.

Taught him everything he knows.

Let's just hope you didn't teach him too well.

All rise for the Honorable Judge Harvey Winter.

Mr. Florrick, it's been a long time.

Always a pleasure, Your Honor.

Uh, Your Honor, we would first like to schedule an evidentiary hearing to present new exculpatory evidence.

Two weeks from today: 3:00.

Thank you, Your Honor.

I would also like you to consider releasing my client on electronic monitoring while the appeal is ongoing.

Your Honor, bail should not even be on the table at this point... bail hearing is set for day after tomorrow.

5:00.

Your Honor, the state vehemently objects.

Your vehemence is noted.

There will be a bail hearing here, day after tomorrow, at 5:00, Mr. Landry.

You're welcome to join us.

If there's nothing else to schedule, next case.

How about that?

Wow. I could be out in two days.

Mr. Florrick...

See you.

Soon.

So, is he getting out?

How did you...?

Who said that?

It was online.

There's 65 articles.

One even in Singapore.

You make it a habit to check for dad online?

No, I have it on Google alert.

Anytime there's an article, I get an e-mail.

So is he going to live here?

I don't know.

How would you feel about that, Grace?

There's no space.

Where's he gonna stay?

In mom's room. Where do you think?

He's gonna stay in your room?

I don't know.

Look, this just happened.

It didn't even just happen.

It might happen. Shouldn't he get an apartment?

Dad's not going to stay at an apartment.

And besides, you should be happy about this.

It means grandma won't have to watch us.

Is that true?

Yeah, he'll be on electronic monitoring; he'll be stuck here.

He would?

I don't know.

This is very premature.

I promise you, we will sit down and we'll discuss this.

But for the moment, I have to go to school and you have to go to work...

School, work.

Okay?

I love you.

And I love you.

No, first you reject all press conferences.

You just want to be home with your family.

That's all.

No statements, no photos.

Keep the press starved, then they'll eat whatever you offer.

Peter.

Private holding room.

Sure beats lockup.

Oh, yes, it's the upside of a special priority defendant.

The downside... everything else.

How are you?

It's great to see you, Peter.

Uh, look...

Landry is going to throw everything he can at you trying to shut down bail.

Now, I know judge winter.

He's a decent guy.

He wants to do the right thing.

A little nudge might help.

It's great to see you, Alex.

Peter, we go back 20 years, and you're looking for a wire.

The one casualty of the last eight months...

Trust.

So what are you saying?

I think we're fine.

Appreciate your support.

Good luck, Peter.

Thanks.

You know, I've never lived on a farm, but I think that's what it looks like when the weather vane changes direction.

A good change?

If the assistant state's attorney is coming to me, a great change.

It's just that I'm in a time crunch.

Does yours involve anthrax?

Hey, FBI big shot, you owe me a favor.

Look, just give me 30 seconds.

There's only half a dozen pieces of hate mail.

Cops didn't consider them any serious threat.

But I need a suspect.

So if any of them seem remotely legit, just...

Tell them two minutes.

Yeah, a couple women from Wyoming.

Crazy, but harmless.

Defenders of natural life.

It's a boilerplate protest letter.

They're not known for taking any direct action.

This one, the Christian coalition for bioethics, they're legit.

They're radical religious bio-cons opposed to genetic engineering, cloning, stem cell research.

I've only known them to be active on the west coast, but... define "active."

Protests, vandalism...

Not arson.

But, hey, people change.

They've also been known to put coded messages in their letters.

Someone behind this has a real zodiac complex.

Good luck with that.

Thank you for coming in early, Ms. Bennett.

We're really here just to make you comfortable with your testimony, not to rehearse you or get you to remember answers. In fact... if you're remembering answers, we're doing our job poorly.

It'll just feel scripted in court.

No, I get it.

You want me natural.

That's right.

So, the first thing we'll do is... ask you some very basic questions.

What is your connection to this case?

Well, I work the front desk at the biochem lab... the one that burned down.

I work with Professor Whitton.

I'm in the physics department.

She's in chemistry.

Uh, but we really bonded at a conference in st. Louis.

Walt, answer the questions simply.

Nothing extraneous.

The prosecution is going to try to get you to ramble.

Don't.

I see Ellen every day.

And, that day, she left at 7:00 p.m.

7:00 p.m. exactly?

Yes. Why?

I just find it odd.

When was the last time anything ever happened exactly at the hour?

Um...

Cary?

Excuse me.

What are you doing?

I'm asking questions.

You're cross-examining.

So, that's my job.

No, our job is to prep her, not undercut her.

So, next time, warn her when you're flipping from advisor to prosecutor.

Do we have a problem?

We have a problem if you're trying to show me up at the expense of witness prep.

Okay.

You're right. I'm sorry.

Ellen is a lovely person, and a great colleague.

Uh, last fall, when I wrote a cover article about electron crystallography for the journal of quantum physics, which is...

Walt...

What? Yeah.

Don't answer more than the prosecution asks.

Short, straightforward answers.

Gives a sense of confidence.

Okay. I got it.

Tell me about the night of the fire.

I saw her walk out of the lab at 7:00 p.m.

And she didn't return?

Uh-huh. "Yes" or "No" answers, Mary.

Ooh, right. Yes.

I was at Dobson auditorium at 9:00 for a concert, Uh, when I stepped outside to phone my mother, and that's when I saw her, uh, running around the track.

From 50 yards away, you saw her?

I did, yeah.

I... I recognized her track suit.

It's not 50 yards.

You know for a fact it's not 50 yards?

What'd you do? Did you measure it?

No, my students did.

It was an experiment in weights and measures.

It's exactly 34 yards.

A distance at which normal visual acuity can identify and distinguish between human features.

Just reviewed the witness prep.

Good job.

Looks like both witnesses will be great.

Thanks.

No, thank you.

It's always the case, isn't it?

It's easier to rip apart than to build up, so...

Thanks for building up.

How's the appeal going?

The... Oh, Peter's appeal.

Good.

Really good.

Just...

Peter will be out soon?

Yeah.

I don't know.

Well, if you ever need anything...

If I ever need... anything. Give me a call.

Okay, I will.

Alicia.

Diane told me to come to you when anything... so I just wanted to get this to you as soon as possible.

It was on my windshield when I got to my car.

Okay, you can drop the cool thing.

We're not at school anymore.

What cool thing?

The... Look at you.

The way you're standing.

I'm just standing. What's your problem?

Maybe it's from mom's work.

Wait.

Maybe we should...

What?

I don't know.

Great.

Is that dad?

I don't know.

Is it... is this fake, too?

I don't know.

This is getting crazy.

Zach, this is serious.

I know.

But we agreed... they're just trying to scare mom.

Maybe there's a reason she should be scared.

We don't know enough.

What do we need to know?

Who sent this.

Okay, so how?

Anything on the ccb letters?

Depends.

Does "hidvycilfeteenuc" mean anything to you?

What's the context?

How's witness prep?

Not bad. We'll talk.

I know we've talked about you having to testify, but it might happen sooner than we anticipated.

How soon?

Tomorrow.

You want me to testify at his bail hearing?

We need to show the judge that Peter will have a safe, stable living situation if he's out on bail, and that he will be welcomed home.

You know what I'd like back?

Privacy.

Landry's cross could get personal.

They think that Peter has the judge in his pocket, so they're out to draw blood.

So keep your answers short, to the point, unemotional.

I spent six hours prepping witnesses today.

It's one thing to know it.

Um... lawyers always make the worst witnesses.

Thanks.

I just want you to be prepared.

Who hired Kya? You or Peter?

I did.

Why did you hesitate?

I didn't... uh, Peter has lots of friends who want to see his reputation burnished.

In a way, they hired her.

But she's good. I mean, she supposedly did the same thing for the Madoff sons this year.

And that went so well.

Do you want me to prep you?

No. Thank you.

I think I can handle it.

If you don't mind me saying, there is some... ambivalence inherent in your position, Alicia.

And ambivalence could hurt Peter's chances.

I'm not going to lie on the stand, Daniel.

That's not what I'm saying.

The truth is the truth, but it can often sound...

Truer.

Is the judge in Peter's pocket?

No.

I'll see you in court.

Mr. Ford, your witness.

You testified earlier that Dr. Whitton left the lab at 7:00 p.m.?

Uh-huh.

I mean, yes.

How long was your shift that night?

3:00 to 10:00.

Seven hours.

You must have taken restroom breaks occasionally.

You could have missed Dr.

Whitton reentering the building.

I don't think I took any breaks after 7:00.

You don't think?

Objection.

Badgering the witness.

Overruled.

Uh, you're under oath, Mary.

Can you state with certainty that you never left your post after 7:00 p.m.?

N... no.

I just...

You just...?

I'm just not sure.

Uh-oh.

So professor Whitton may have reentered the building while you were away from the security desk.

In fact, she may never have left.

No. Um, I really think...

A lot of middle-aged brunettes work at the lab.

You could have mistaken someone else for her.

I'm pretty sure...

Pretty sure?

Are you or are you not absolutely certain you saw Dr. Whitton that night?

Yes.

We went through all those questions in prep.

More than once.

Some witnesses get intimidated by court.

There's not much you can do to prepare for that.

Make sure Walt holds up.

So, how damaging was that?

It wasn't good.

But we've still got the threatening letters and Walt.

Do you and Walt have any history between you?

Between...

No... No, no.

He just said that you two really bonded at a conference in St. Louis.

Well, we both attended it.

We sat next to each other at an awards banquet.

Oh, the night he won an award?

The cover article he wrote for the journal of quantum physics... turns out to be three paragraphs on page 46.

We can't put someone who embellishes like that on the stand.

What we can't do is elicit perjured testimony.

So make sure he doesn't perjure himself.

But he's... you're never handed the perfect witness.

You make the perfect witness.

We're not sure we should put you on the stand, Walt.

What?

I thought she needed me.

She does.

Yes, I am.

No storytelling. No embellishments.

"Yes" means yes. "No" means no.

And if you get stuck... if the prosecution asks you something you don't know or you don't understand... don't ad lib an answer.

You just say you don't know, or you wouldn't want to speculate.

Good.

Where were you the night of the arson, Walt?

I was at the auditorium for the piano recital.

It started at 8:30 in auditorium number four.

That one has the best acoustics, because of the...

No. Walt.

Eight-word sentences, Max.

You get to word nine, just stop talking.

How long were you at the concert?

Left around 9:00 to make a phone call.

To whom?

My mother.

And that's when I saw Ellen across the street, at the track, running.

And then the fire trucks raced by.

You saw her at the track at 9:00, but she may have just arrived.

How do you know she didn't light the fuse and run straight to the track?

I'm going to need more than nine words to answer that.

Okay, if she lit the fuse and the firefighters respond within five minutes, that gives her a total of eight minutes to run two miles.

If she can do that, she might as well sign up for the Olympics.

My cousin doug was in the Olympics, actually.

It was a joke.

So, a letter written by the Christian coalition for bioethics should have all the hallmarks of a protestant t*rror1st group: the logo, the cryptic apropos Bible quote.

Right? So why did they pull a quote from the Douay-Rheims edition, a Catholic Bible?

St. Mary's, K through 12.

See, protestant versions, like King James, call it the book of Isaiah, no "s" at the end.

And verse 9:18 is some variation of "for wickedness burneth like the fire" did the first ccb letter use the Catholic Bible, too?

Both do.

I think it's a red herring; I think someone created it to throw the blame on somebody else.

I think you might have someone in mind.

Well, if I were a cynic, I'd say our client.

She's the one who find the letter on her windshield.

You are a cynic.

Yep.

What is that?

Nothing.

Oh, my God.

How'd you...?

You know what?

You're liking this.

This is serious stuff, and you're just having fun.

Do I look like I'm having fun?

Yeah, you do.

Look, somebody's trying to set up dad.

Then go show it to him.

What?

Go show this stuff to dad.

He's at his bail hearing.

Go show him.

Peter Florrick was tried, convicted, sentenced.

There's no longer any presumption of innocence.

This is not about innocence.

This is about bond.

Peter Florrick has no previous record, he is not a flight risk.

He is a family man who is eager to go home to his wife and children, who are eager to have him.

Oh, come on! They are not eager.

Is this true, Mr. Golden?

It is, Your Honor. They are... eager.

Well... let's find out.

Please state your name for the record.

Alicia Florrick.

Please state your relationship to the defendant.

I'm his wife.

Thank you, Mrs. Florrick.

And what is your current living situation?

I live with my... with our... two children in a three-bedroom apartment at 3001 N. Dearborn Street.

And is there room for Mr. Florrick there?

Yes.

And should he be granted a pretrial release, are you prepared to have him at home?

Um... Do you want him there?

I think Peter should be home with his children.

Thank you.

Mrs. Florrick, you mentioned the apartment is a three bedroom, and you have two children.

Would they share a room?

No.

So, you and your husband would... share a room?

Yes.

You're saying under oath that you intend to share a bed with...

Objection, Your Honor.

Relevance.

I'm... I'm simply establishing that there truly is a place for Mr. Florrick, given everything that's... this is a private family matter, Your Honor.

That's enough, counselor.

Whether they intend to share a bed is of no concern to this court.

Thank you, Your Honor.

Mrs. Florrick, I have one more question.

Did you meet with a divorce attorney on February 23?

Yes.

I had a brief consultation with a divorce attorney a few days after the allegations against my husband surfaced, in order to weigh my options.

Are you saying you've ruled out the possibility of divorce?

I... I have no plans to divorce.

But you haven't ruled it out?

I haven't ruled out running for president.

Probably won't happen, but I haven't ruled it out.

So, you intend to welcome Mr. Florrick back into your home?

Yes.

Despite the sexual dalliances with call girls...

My son is here, Mr. Landry.

Are you suggesting you'd give different answers if he weren't?

I'm suggesting you stop asking invasive and irrelevant questions.

Isn't it true...

What's your goal here, Mr. Landry?

Mrs. Florrick...

To do your boss's bidding?

To embarrass me?

Embarrass my husband?

To goad me into some emotional public renunciation of him?

The relevant question here is whether Peter has a suitable place to go home to.

And I am stating, under oath, that he does.

Any further questions?

Why don't we leave it there?

I'll take the arguments and testimony into consideration and rule tomorrow.

I can't believe you.

It's really not that big of a deal.

How did you even get out here?

I took the el.

I wanted to see dad.

Why wasn't he there?

Because this was just for the lawyers.

And don't try and change the subject.

You ask me.

You talk to me.

I would have brought you.

You wouldn't have.

I...

I would have.

So trust me.

I thought you kicked ass.

You're still in trouble.

I know.

I have to get you home, and then I have to check an alibi.

What is that?

This? Nothing.

Homework.

I ran an ink X-ray analysis on the fake ccb letters.

The toner is office store brand 4546-h.

Very unique.

And one of the few places that uses it is the printer at Ellen's office.

Okay, well, that's disappointing.

Yep, disappointing because it looks like she's sending threats to herself.

Where are you?

Polytech. The auditorium.

Cary and I are going to check out her alibi. what?

I'm losing you. Call me back.

Hey.

So, Walt came out of auditorium four and he stood here.

Right. He came out at 9:00 p.m., looked across the street.

34 yards towards the track where Ellen was running.

Well, with this lighting, that should be all right.

Do you have a navigation system?

Yeah.

Ah, finally.

Bars. I wasn't getting any before.

Yeah. Me, neither.

Recital hall must be a dead zone.

Auditorium at school has a scrambler to stop cell phones from ringing during a performance.

I bet they got the same thing here.

How could Walt phone his mom from the auditorium door, if it's a dead zone?

And look... check this out.

Walt said the fire trucks came here, on University Av, but the fire station is there and the lab is there.

Yeah.

But Garden Av is a direct route.

Why would the firefighters go the long way around?

They wouldn't.

Yeah?

What toner does Walt's office use?

The physics department?!

The same. The whole science department orders in bulk.

Oh, my God.

What?

Walt said it.

Only an olympian could run two miles in eight minutes.

So how does he get eight minutes?

Three minutes for the fuse to burn down, and five minutes for the firefighters to arrive.

But how does Walt know the fuse is three minutes?

The arson expert mentioned it in prep, but how does Walt know?

'Cause he did it.

If we go to the state's attorney's office... there's not enough to clear Ellen and prosecute Walt.

We don't have definitive proof he sent the ccb letters.

They'd simply thank us and bury it.

You know one option, if you want to really be gutsy?

Nail him on the stand. Trap him in his own lies.

And if we do it wrong, we just proved our alibi false.

Hey, no pain, no gain.

Did you really just say that?

Yes, I did. Meant it, too.

Well... we're either about to destroy the prosecution's case or make it.

Uh, I arrived just as the performance began at 8:30.

Around 9:00, I stepped outside to phone my mother...

Uh, right in front of the recital hall.

Did she answer?

Uh, no, I... I got her voicemail.

But the recital hall scrambles the signals so calls don't interfere with the performance, so how could you have gotten through?

I wouldn't want to speculate.

There's no record of that call in your cell phone records.

No record of any call at all...

What is this? What is she doing?

Just wait.

Did you see anyone while you were in front of the recital hall?

Uh, yes. Uh, I saw Ellen Whitton, uh, running the track across the street.

And then the fire trucks raced by to the lab.

On University Avenue?

Uh, yes, that's correct.

But University Avenue isn't the most direct route from the fire station to the lab.

Uh, well...

I'm sure that emergency vehicles can go any way they want, can't they?

I'm not sure why they'd opt to go the longer way when they could just take Garden Avenue.

Well, I guess you'd have to ask them.

I did.

They said they did take Garden Avenue.

Where were you when the fire occurred, Walt?

Uh, I was at the, uh, the piano recital, like I said.

Hmm. Strange.

We can't find a single person who remembers seeing you at the recital hall.

Even during intermission.

I, uh, I went right to the restroom at intermission.

I, uh, wasn't feeling well.

There was no intermission that night.

The performance was Brahms' piano concerto number one in d minor.

You weren't at the recital, Walt.

You were at the lab, waiting... to set the fire, destroy Ellen's research, and frame her for it.

No.

No. What... ?

Why...?

If I wanted to... to... to frame her, why would I be here, vouching for her?

I don't know. Is it because you set the fire to keep her here instead of off at the Cambridge fellowship?

But you never meant to have it pinned on her, did you?

And when it was, you tried to save her.

With an alibi.

With fake letters from a hate group.

I...

Mr. Gifford?

Mr. Gifford, let me quickly say, you have a fifth amendment right against self-incrimination.

Aw, crap.

All rise for the Honorable Judge Harvey Winter.

Before I rule on bail, I'm told the prosecution intends to make a proffer to the court.

That's correct, Your Honor.

The state has recently received evidence that the defendant has attempted to interfere with the judicial process.

What?!

I have a signed affidavit from asa Alex Phelan stating that Peter Florrick has asked him to influence Your Honor into granting bail.

Now we know Your Honor is truly impartial, and that any influence would have landed on deaf ears, but we also believe that Mr. Florrick has put you in an awkward position, confusing the public as to the impartiality of any bail offer you might extend.

Your honor, this is outrageous!

It is that, Mr. Golden.

It is pure fiction.

Mr. Phelan is an officer of the court, counselor.

Unless you have concrete evidence That Mr. Phelan is lying, the proffered information is considered reliable and relevant.

Bail is hereby denied.

This court is adjourned.

Peter, I'm so sorry.

Alex Phelan was at Zach's baptism, remember?

Could he have misinterpreted?

No.

It's a betrayal.

I thought I'd be leaving with you.

Mr. Florrick.

You'll tell the kids?

I will.

I'll see you.

This was a set-up.

Peter didn't make bail.

So, who is it?

I don't know.

But...

What's he doing?

He's taking pictures of our front door.

Why?

I don't know.