02x02 - Double Jeopardy

[bunniefuu]

(gavel pounding)

In the matter of The People of Illinois v. Randall A. Simmons, case number 10-C-R-2085, on the charge of first degree m*rder, we find the defendant not guilty.

(Simmons gasps)

It's over. It's over.

You hear me?

All right?

WOMAN: m*rder*r!

You k*lled my daughter! (gavel pounding)

You! You!

Order!

Order in this court! (yelling)

Dad. Son.

m*rder*r!

JUDGE: Bailiff, restrain that woman.

m*rder*r! (gavel pounding)

MOTHER: You! You!

JUDGE: I'm warning you.

I can clear this court if order's not restored.

(mother yelling)

Hey!

I want you to have that.

They were willing to take it.

Eight years, second degree m*rder.

We agreed it was the right move. (paper rustling)

Tell that to her.

(mother sobbing)

That was a tough one.

Thought you had it.

You had the jury.

You had the judge.

He k*lled her, you know?

We don't know anything.

WILL: It's not about trial.

It's about pretrial.

It's about excluding evidence.

Even a case like Randall Simmons?

Especially a case like Randall Simmons.

We didn't win that in court.

I know it's not sexy, but we won that in pretrial motions.

No, it's sexy.

What's this for again?

Chicago Law Review.

My last question, Mr. Gardner, if you don't mind.

Sure. sh**t.

You don't really prefer boxers over briefs, do you?

What?

This is about the... ?

You don't really want to know about my legal strategy, do you?

I do.

But first, are you proud of being the city's 16th most eligible bachelor?

Well, I was lobbying for 12th, but it's all very political.

Joe.

I sure didn't expect to see you here.

JOE: Just like a Republican: counting your elective chickens before they hatch.

DOBBS: Joe, I'm an independent conservative, remember?

But let's give these Republicans some credit.

Oh, Joe, there you are.

Sorry, I was on a call.

Look who I found haunting your halls.

Oh, hello.

DOBBS: Hello.

Are you... ?

Looking for Derrick Bond.

Lou.

Derrick. Good to see you.

And you.

I liked your D.C. offices.

Yes. Yes, I think I like these a little bit more.

More, um, traditional.

Oh, Mr. Trippi, nice to meet you. Good to meet you.

This is Mr. Bond.

Bond & Associates.

We, uh, merged.

You're really representing Lou Dobbs?

I, um... am as surprised as you.

Talk about strange bedfellows.

Uh, so I'm going to start streaming this live now, if that's okay, Mr. Florrick.

It is, Freddy. Go right ahead.

Thank you for doing this, Mr. Florrick, and, uh, congratulations on your traction against Glenn Childs... it must feel good.

Well, I love this city, Freddy.

So what's your take on the state's attorney loss yesterday against the wife k*ller Randall Simmons?

A tragedy. That was winnable.

Think Simmons should have gotten a stiff sentence... the stiffer the better?

Absolutely.

If the punishment fits the crime, the stiffer the better.

But, um, your wife was on the defense team.

Now isn't that a dichotomy... your wife fighting to get a wife k*ller out on the streets.

No, not at all.

As a matter of fact, I'm very proud of my wife.

The job of a state's attorney is not to wish that the defense goes easier on you, it's to fight harder.

Fair enough.

Now do you expect to have any sort of open debate...

(phones ringing, indistinct conversations)

Mr. Gold...

Five minutes then pull him.

We have another dozen of these to do.

Well, we caught something on College Humor.

You should take a look.

BECCA: I completely agree and so does Peter Florrick.

He'll be happy to have people like you helping his campaign.

(Becca laughs)

Well, that's very nice, ma'am.

You should really come hear Mr. Florrick speak.

Well, hello there.

Oh, thank you, Mrs. Twohy.

Yes, I'm looking forward to it.

Mr. Gold, hello.

Becca.

You're looking healthy.

I am healthy.

You cut your hair.

Yes, it was getting long.

So you're a volunteer.

I am. I'm just giving back.

Inspiring.

Youth today putting aside their video games.

Oh, the Obama generation.

(picks up phone receiver) (chuckles)

(sets down phone receiver) No.

Why, Mr. Gold, you... you don't trust me?

Oddly enough, no.

Hmm. I haven't tweeted.

You asked me not to, and I didn't tweet.

I threatened you not to tweet and you did tweet, about whether Mr. Michaels, your history teacher, was gay.

Zach said you needed volunteers.

That's why I'm here.

Zach told you?

Yes, your boss's son.

I'm sorry, we're all full up.

But thank you, dear Becca.

Excuse me, Mr. Gold...

Thank her and get rid of her.

College Humor... it just went up an hour ago.

It's the call girl, Amber.

♪ On the bed, in the car out of state ♪
♪ Peter Florrick ♪
♪ He's the best candidat
♪
♪ Peter Florrick ♪
♪ No one makes me self stimulate like Peter Florrick ♪

Oh, dear God.

People say your down in the polls, but I say you're always good at coming from behind.

♪ Coming from behind ♪ Oh, dear God.

You're not afraid to hand out stiff sentences, and I think you agree, the stiffer the better.

♪ Stiffer is better ♪

And let's not even get into...

Get the key!

Is the other door unlocked?

No. Mr. Gold, he's going to open it after the interview.

No...

It's a setup!

Get him off the interview!

Cut it! Shut down the computer!

They're setting up his words!

It's a setup.

Stop it now.

Okay, Freddy, thank you.

What are you doing? What is it?

We just gave them tomorrow's news cycle.

Where you at?

Oh! Yes!

Done!

Just like old times.

Who wins? Me.

Well?

I still don't like it as much as racquetball.

Why the call, Cary?

Why?

The old peace corps g*ng kept wanted to know what happened to you.

Really? (chuckles)

What is that, your novel?

It's a m*rder case. Randall Simmons.

Thought his wife was cheating on him, stabbed her 38 times with a bowie knife.

Thought you'd take a look at it.

Why?

I lost.

Take off your shoe.

Why?

Because I want you to take off your shoe.

It's on my foot.

So untie it.

Aw!

Yeah, just take a look at it.

They were willing to take eight years.

So you screwed up.

We thought we could get life.

You don't even have to go to trial.

You get a fast eight years.

We've done all the heavy lifting.

Clearly you haven't or the guy would be in prison.

We couldn't get the evidence in... you can.

Just take a look at it.

More questions?

Follow-ups.

Boxers or briefs?

No.

Just need to fact check.

(phone ringing)

You don't need to answer that.

You're right, I don't.

Hello.

(indistinct radio transmission)

What happened? What's the charge?

m*rder.

Whose?

His wife's.

No, they can't.

Double jeopardy... he's been tried, cleared.

SIMMONS: Three days, Mr. Gardner, that's all. Three days free.

It's okay, Randall, I can handle this.

Mr. Gardner, Captain Melinda Gossett.

U.S. Army Judge Advocate General's Corps.

JAG. What, are you kidding me?

At the time of the m*rder, your client was a mobilized reservist on Title 10 orders.

As such, it isn't double jeopardy.

The crime falls concurrently under military jurisdiction.

Specialist Randall Simmons, pursuant to article 118 of the Uniform Code, you're hereby apprehended to face charges for m*rder.

♪ The Good Wife 2x02 ♪
Double Jeopardy
Original air date on October 5, 2010

You're not afraid to hand out stiff sentences, and I think you agree, the stiffer the better The stiffer the better.

♪ Stiffer is better ♪

It's got to be her. She's out to get me.

It doesn't matter.

Childs is benefiting.

He's probably financing it.

♪ Just you and me by candlelight ♪
♪ You can caucus me all night ♪

Absolutely.

♪ All night... ♪

Has it gone viral?

It's growing.

If she showed more skin, it would grow faster.

Well, we're just going to have to take the high road.

And you're going to have to vet those reporters more closely.

Yeah, my fault.

There is something else we can do.

Pull the trigger.

If we go negative first, we're going to be seen as going negative first.

Peter, he will k*ll you with a million viral paper cuts just like this one.

Let him k*ll me because I'm not going to give him an excuse to come after my family.

ELI: What do you think he's doing?

These people are just looking for anything they can use to make you look bad.

Peter, they have trackers out there everywhere.

They could follow you around.

They could follow your family.

They could take anything you say out of context.

What's wrong?

Nothing.

Something is.

What did you do?

It was at Grandma's meeting thing.

ZACH: What was?

This kid... with a cell phone camera.

There were two kids.

They were asking me questions.

Like what?

About Dad.

And her, the hooker.

They taped it, but I haven't seen it anywhere.

What did you say?

Nothing.

I was defending Dad.

They just kept on asking.

Should we tell Dad?

Maybe they're not going to use it.

Or they're saving it.

Eight years.

Come on, you're shaking us down.

Because of the moratorium, Illinois currently has no death penalty, but the military does, and we're not afraid to use it.

If I were you, I'd take the eight years.

We'll get back to you.

Um, we'll-we'll get back to you.

I'm Lieutenant Terrence Hicks, Mr. Simmons' court-appointed lawyer.

The thing I'd like to point out is that, given the evidence, eight years is reasonable.

I think you should consider it.

Lieutenant, a year ago, I came home to find my wife stabbed.

The wife I love.

I spent the last year trying to convince people that I didn't do it.

And when I finally did, when I finally slept at home again, I...

I will not take a plea of eight years.

I did not do this.

I will not.

You're free to retain outside counsel if you wish.

I'll simply remain as standby.

Please, help me. You got me off before.

The thing is, Randall, we don't usually practice in military court.

I don't care. I trust you.

I thought we were closing down the Simmons defense.

We were.

Things changed.

(sighs) We're not gonna make the same mistake as last year, are we?

What was the mistake last year?

Taking cases on whim, not long-term strategy.

Not whim, passion.

And Simmons brings us attention.

Yeah, more broke clients.

But, look, I'll support you if you support me.

Derrick represents Lou Dobbs.

Oh, yeah, I saw that yesterday.

How did that go down with Trippi?

Their publishers have projects in conflict.

We're going to have to drop one.

So can I count on you?

For a vote? Sure.

That's why we did this; two partner to one.

So send Lou Dobbs packing.

Go follow your bliss.

You know, I should wear a uniform.

I think I'd look good in one.

With tassels on the shoulder... like HMS Pinafore.

Hello.

You okay?

I'm great.

Mr. Bond thought that I should help you out with Simmons.

Ah, that's okay. Kalinda can help me.

She's a little busy; Murphy/Gomes.

Oh. Well, are you familiar with the Randall Simmons m*rder?

I am.

We're headed straight into court, so...

You'll need the CID file.

Yes.

I took the liberty.

You took the liberty.

How did you even know to take the liberty?

I keep track of things.

Okay.

Can I draw your attention to one thing?

Draw away.

The Army canvassed the crime scene at the time of the m*rder, but they backed off when the state's attorney brought charges.

Now this is the investigation from a year ago.

But these notes in the margins, these felt-tip notes, they're recent.

How do you know?

I know.

Yes, but I need to know how you know so I can act upon your knowledge.

This is a xerox of a xerox.

The original notations are faded.

The felt-tip notes are faded a little less because they were only copied once.

It's the same as the cover letter, which was dated three days ago.

And these notes, those were from three days ago?

Yes.

You recognize the handwriting?

Cary? Really?

He's helping them vet their case, feeding them information.

Behind enemy lines.

HICKS: Actually, I'm afraid, in a court-martial, the prosecutor sits next to the jury.

We're... we're over, uh...

All rise!

Sit.

Not you.

(softly): Uh-oh.

ALICIA: What?

She's doing another cleanse.

State your name, please.

William Gardner, Your Honor, for the defendant.

I assume you're not currently in the military, Mr. Gardner.

No, Your Honor.

Have you ever served in the armed forces?

No, Your Honor, but...

"But," Mr. Gardner?

But I have great respect for the armed forces, Your Honor.

You're familiar with the Uniform Code of Military Justice, Mr. Gardner?

Yes, Your Honor.

Call the panel.

I want to help.

No, you don't.

I know things.

You want to help?

Stay in school, don't do dr*gs.

It's my mom, isn't it?

She won't let me?

It's your mom, it's your dad, it's me.

I do not need Encyclopedia Brown on my staff.

I know things.

You want to help?

Don't tell your girlfriend to volunteer.

My girlfriend?

Mm-hmm, the blonde.

Becca.

Mm-hmm.

Becca.

Don't send her my way.

I didn't.

We broke up.

(scoffs)

I'll talk to her.

No. She wanted me to talk to you so you would talk to her.

I appear to be off my game today.

Let it rest.

WILL: And what do you mean by that, Corporal?

I'm just saying, my sister was a victim of domestic v*olence.

So you're saying you can't be impartial towards a man accused of v*olence against a woman?

I guess it depends on the evidence.

Your Honor, we challenge this juror for cause on the grounds of bias.

Corporal Barnard, if I order you to be unbiased, will you be?

Yes, ma'am.

Good. You're seated.

Mr. Gardner, Captain Gossett, pretrial motions in my chambers.

As you can see, they're clearly more prejudicial than probative, Your Honor.

Denied.

Excuse me?

Did the police take the photos?

Yes.

Is that your client in them?

Yes, but...

Then they come in. The jury's smart enough to separate the prejudicial from the probative. What's next?

The defendant made a statement to the police on the night in question.

Your Honor, Mr. Simmons was highly intoxicated.

People v. Kearns, intoxication renders a police statement inherently unreliable.

Kearns is an Illinois state case. It doesn't apply here.

The statement comes in.

Your Honor, in light of these unexpected rulings, I have to request a continuance.

Denied. I've got nine active duty soldiers on that jury.

I will not allow you to waste their time.

Now it's 1700 hours.

We'll take a short break for dinner, and begin testimony at 1800 hours sharp.

At 6:00, Your Honor?

Yes, Mr. Gardner, at 6:00.

Welcome to military court.

GOSSETT: And did the defendant make a statement to you at that time?

Yes, he did.

Detective Rezik, please read the highlighted part of that statement.

Detective: "She was cheating on you?"

"She was sleeping with somebody, I know she was."

Detective: "Did you k*ll her?"

Suspect: "I... I don't know."

GOSSETT: Thank you.

One more thing.

In the course of your investigation that night, did you search the suspect's car?

Objection, Your Honor.

Counsel approach.

Your Honor, the police had no warrant to search the car.

They asked the defendant if they could search his property.

He said yes.

Is his car not his property?

It was parked two blocks away, Your Honor.

It's the reasonable man doctrine.

Judge, he assumed they meant his home.

Strictly construed, his car is his property, Mr. Gardner.

Overruled.

GOSSETT: Please answer the question, Detective.

REZIK: We did search his car, and we found a backpack, containing the defendant's passport, a wig, and also an envelope containing $2,000 in cash.

Look, we got this excluded in state court, so we never had to ask this before: why was that stuff in your car?

If you were scared, that you would be arrested for something you didn't do, we can work with that.

That's not it. It's... they were calling my unit up to Afghanistan.

We were all getting deployed, so...

I was gonna flee to Canada.

I was going AWOL.

Whatever you do, you can't tell that to a military jury.

Then what do we do?

So, I'm free now.

You're... ?

Yesterday.

You needed me?

Oh, that. Actually, Blake's handling it.

Derrick said you were on Murphy/

Gomes and I should use Blake.

Yeah.

Good luck.

I know that we have to drop one of them.

It happens with every merger.

I would argue that we find new representation for Mr. Dobbs and stick with the client who's been with us longest.

That's all.

DERRICK: I hate this. I know we all do, but both of our firms faced economic ruin independently, and in my opinion...

(group laughing)

We're busy in here.

Just give us five minutes, please.

Sorry.

Here are the billable hours attached to Mr. Trippi's account.

And here... are the hours attached to Mr. Dobbs.

(door closes)

I thought you said two votes to one.

That's why we did it this way.

And I thought you said we weren't going to follow cases on a whim.

This isn't a whim.

Did you see the difference?

Joe has been with us longer.

And Lou brings us more work.

Derrick more work. No, us more work.

There's no Derrick anymore. There's no us.

This is a betrayal.

You said that you would support me.

I didn't see the facts.

Now the facts are important to you?

In court, you couldn't give a damn.

Come on, Diane. It's money.

It's about keeping our doors open.

My dad drove his business into the ground giving money to everyone he knew.

And I'm not going to make the same mistake.

You know what you just did?

You just lost your certain vote.

ZACH: Becca!

Zach.

Uh-oh.

What are you doing?

What am I doing? What do you mean?

I mean, I didn't ask you to volunteer for my dad's campaign.

I haven't even talked to you.

Why won't you just let me say I'm sorry?

Because you're not.

I am.

There's nothing else I can say.

I text you, you won't text me back.

I try to wait for you after school...

You hurt my mom, my dad.

I stopped.

I said I'd stop, and I stopped.

My parents are getting a divorce, and I just...

That's funny?

Yeah, actually, it is.

You think it worked once, now it'll work again.

What'll work?

I was trying to show you that I was sorry.

Do you know how boring it is volunteering at a campaign?

Do you really think I'd do it unless I really meant it?

So you meant it. Good-bye.

I know Glenn Childs.

So what?

No. I know Glenn Childs Jr.

I don't understand.

The Army did their own investigation of the scene.

They ran the prints from the house against military records, and they only came up with one match... Simmons?

Maybe that's all there were.

But he had told me that he had had lots of people from his unit over to the house.

By rule, Criminal Investigation Command has to turn over every piece of evidence that's relevant.

Everything that's relevant?

Well, who decides what's not relevant?

They do.

So what do they do with the stuff that isn't relevant?

I'm entitled to see the file... all of it.

MAN: Yes, ma'am, but I cannot release that file to you without orders from Major Janick.

And so where's Major Janick?

He's gone for the day.

He'll be back Monday at 0800.

But we are due back in court tomorrow, and if I have to get a court order...

Ma'am, unless the major authorizes this, that's exactly what you're going to have to do.

Is there a problem, Corporal?

No, sir, Lieutenant Hicks.

At ease, then. And get the file.

Yes, sir.

Sorry, Lieutenant Hicks.

Congratulations on your commendation.

Are you going back, sir?

Back? No, I've been redeployed stateside.

I heard Fallujah was pretty hairy.

As you were, Corporal.

(phone buzzing)

No. No work.

Yeah, it's Will.

Hi. Sorry to call so late.

Uh, there's something you might use tomorrow.

Can't you do this tomorrow?

Oh, Will, I'm sorry.

I... I'll phone back.

No, no. That's okay.

What's up?

Um, well, this is what the CID deemed irrelevant.

I, uh...

Three pairs of fingerprints found at the crime scene.

We found matches for all of them in the military database.

Three crime scene fingerprints that matched military personnel.

Three new suspects? Good.

We'll work up subpoenas.

Thanks, Alicia.

See you tomorrow.

Kalinda.

What do you know about Derrick Bond?

What do I know?

Well, I did the due diligence.

Everything I found, you have.

What about Derrick Bond and Will?

Sorry?

As far as I knew, there was no connection between them.

I was the connection to Derrick.

You're suggesting there's a link that you don't know about.

I'm suggesting I'd like to be disabused of that notion.

Then, I'll get to disabusing.

Three sets of fingerprints, Your Honor... his unit leader Captain Gerald Gauthier, Private Luis Suarez and Corporal Bradley Vernik.

There were dozens of prints at the defendant's home, most of them unidentified.

But these were identified, Your Honor, and they weren't part of the discovery in state court because the prints aren't in Chicago PD's database... only the military database... so we've never seen them before.

Your Honor, we'll stipulate these men spent time at his home.

Corporal Vernik has a military record, Your Honor... an as*ault charge against an ex-girlfriend.

No official complaint was ever pursued.

The complaint was withdrawn.

And you know this how, Mr. Gardner?

It's in the military investigator's notes, Your Honor, which also refer to phone records indicating repeated calls between the defendant's home and Corporal Vernik's home.

Your Honor, if defense counsel is insinuating something...

Oh, I'm... I'm doing more than that.

The prosecution's theory is that my client k*lled his wife because she was sleeping with someone else.

I submit that someone else was Corporal Vernik, in which case he's a prime suspect and we need to call him as a witness.

Your Honor, I'm afraid that's impossible.

And why is that?

Corporal Vernik was k*lled three months ago in the Marjeh offensive.

Well, then, in which case we ask to call the other two...

Private Suarez and Captain Gauthier.

They're also in Afghanistan.

We can videoconference them.

We can videoconference them.

I'm not calling soldiers away from active duty overseas.

Not for a fishing expedition.

Well, then, we ask for a continuance until their testimony can be obtained.

Denied.

I already told you, Mr. Gardner.

Now, do you have anything else?

I move that you recuse yourself from this trial immediately.

Excuse me, Mr. Gardner?

I don't know if it's because you don't like civilian lawyers, or something psychological...

Mr. Gardner...

But I... I'm starting to see why all those Guantanamo prosecutors resigned.

The system is rigged against the defendant.

Uh, Your Honor, if I could just...

You're in contempt, Mr. Gardner.

Another word, I'll have you removed for the duration of the trial.

You've already removed me for the duration of the trial.

That's it. Bailiff, take Mr. Gardner to the ICF.

Your Honor, the defense calls for a continuance.

I said no continuances.

Yes, Your Honor, but that was before you removed our counsel of record.

Uh, pursuant to the rule 866.2 of the Military Code, when the judge orders a change of counsel, the defense is entitled to a continuance.

There are two of you. Neither myself or Lieutenant Hicks are, um, listed on a-any pleadings, Your Honor.

Um, the rule is very clear.

Only listed counsel qualify.

Hell of a way to get a continuance, Mr. Gardner.

You have 24 hours. (bangs gavel)

So Hicks has a Silver Star?

Apparently, he single-handedly fought a convoy of insurgents in Fallujah.

Saved 20 men.

I... I don't know what to say about that.

Well, don't say anything.

It embarrasses him.

Oh, now he's just making me feel inadequate.

I spring for someone's valet parking, I brag about it for a week.

Okay.

You are now officially counsel of record.

What?

I just thought I was done visiting men in prison.

But I let my client go.

DERRICK: I know, but, uh, Lou Dobbs still fired us.

He apparently doesn't believe the partners have his best interests at heart.

The partners?

Me, you mean?

He left the door open.

I convinced him to hear from you or Will that you're on board.

Will is in the brig.

Don't ask.

Is tomorrow good for you?

To convince Lou Dobbs that I have his best interests at heart?

(chuckling)

Sure.

Tell Lou I'll be right over.

Your suspect, Corporal Vernik, the one who died in Afghanistan.

Yeah?

His death benefits are being paid to his girlfriend.

Uh, Daria Joyce.

That's the address.

Kalinda.

Brad never cheated on me... not once.

Ms. Joyce, we're very sorry for your loss.

But we have phone records showing that Corporal Bradley Vernik phoned the victim.

Those calls were from me.

Judith and I were friends.

Until your client k*lled her.

But why would he do that if she wasn't cheating on him?

I never said she wasn't sleeping with someone.

I said it wasn't Brad.

Ms. Joyce, if you know something and could shed some light on this...

Why would I tell you?

Because, otherwise, Corporal Bradley Vernik is the only name we have, and it's the name we'll use.

We'll say he cheated on you and he k*lled the girl.

Those are lies.

Then, tell us who Judith had a relationship with.

She was trying to save her husband.

Save him how?

The C.O. of their unit...

Gauthier... he said he could pull some strings, keep Randall off the deployment list.

But there was a price for it.

And Judith believed him?

She was so desperate to keep Randall home, she'd have believed anything.

Ms. Joyce, I need you to tell this to the court.

No. Absolutely not.

Well, we can subpoena you if we have to.

I'll lie.

And the Army will let me.

You think they want their dirty laundry aired in public?

I think a man is on trial for his life.

Your client k*lled his wife, Mrs. Florrick.

He was jealous of her sleeping with another man.

And the sad thing is, she was just trying to keep him home.

BECCA: Let me.

How do you know him?

Glenn Jr?

Drama camp.

He was a real jerk.

That's how I got these pictures.

So, what, you're hacking his account?

No. He doesn't have one.

I'm creating it.

There.

Meet Glenn Childs Jr.

You can't do that.

I just did. What is he into?

What are his, uh, personal interests?

American Idol?

Miley Cyrus. (laughs)

The Jonas Brothers.

We should have him say something about his dad.

Something bad.

We're not really doing this.

What do you mean?

I mean, this is all just fun, right?

We're not really doing this.

BECCA: Well, they really did this...

♪ Leave your wife and your mistrial ♪
♪ 'Cause I want to kiss
♪
♪ Peter Florrick. ♪

So, uh, everybody gets one of those?

Oh, for the firm, yes.

We're trying to go paperless.

At JAG, we're trying to go paper.

You like the military?

There's no other life.

Wait. Look at this draft witness list.

ALICIA: Cary's writing again.

KALINDA: He wrote "no" next to Daria Joyce's initials.

He knew not to call her to the stand because he already interviewed her.

His testimony is hearsay.

Daria will just refute it.

Right.

ALICIA: Ms. Joyce, did the victim ever confide in you that she was sleeping with someone other than her husband?

No, she did not.

Nothing further.

The Defense calls Cary Agos.

Objection, Your Honor.

Mr. Agos is not on the defense witness list.

Rule 607 of the Rules for Court-Martial, Your Honor.

He doesn't have to be if I'm calling him as an impeachment witness.

Overruled.

Mr. Agos... first of all, hello.

Hello.

You persecuted Mr. S... excuse me... prosecuted Mr. Simmons for the m*rder of his wife in state court?

I did.

You were there. You remember that?

I do.

And when you couldn't convict him, you convinced Captain Melinda Gossett to try him in military court.

Objection.

Sustained. Mrs. Florrick.

Mr. Agos, did you personally interview Ms. Joyce just prior to this trial commencing?

I did.

And did she convey to you her suspicions that the victim had been sleeping with someone other than her husband?

Ms. Joyce told me that she believed Mrs. Simmons had been sleeping with the defendant's commanding officer.

And that would be Captain Gauthier?

That's right.

Your Honor, I have to object here on grounds of relevance.

Overruled.

Please continue, Mrs. Florrick.

ALICIA: And did she believe there were reasons for this sexual activity?

Captain Gauthier had told her he could keep the defendant from being deployed, in exchange for sex.

ALICIA: Your Honor, based on Mr. Agos's testimony, we ask that we be allowed to question Captain Gauthier overseas via teleconference.

Objection.

Overruled.

Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?

GAUTHIER: I do.

So you were at the bar that night with Specialist Simmons?

Yes, ma'am.

I left at 2300 hours, and drove Corporal Vernik and Private Suarez back to the base.

And then, where did you go, Captain?

I went home.

So you didn't make a stop at the home of the defendant?

No, I didn't.

Because Mrs. Simmons threatened you, didn't she, Captain?

She was going to tell her husband that you'd extorted sexual favors from her.

No.

You told her that you could keep her husband from being deployed.

No.

I don't have that authority.

But she didn't know that, did she?

And when you didn't make good on your promise, she threatened you, and you went to her home.

I...

You went to her home, and you stabbed her 38 times.

KUHN: Captain Gauthier, this is Colonel Leora Kuhn, acting judge.

Do you require counsel, Captain?

Counsel?

I want...

Captain Gauthier?

KUHN: Captain?

So you're saying you can set aside your personal political convictions when it comes to representing me and my interests?

Truthfully, I can never put aside my personal political convictions.

What I'm saying is they won't be an issue.

If I can represent murderers when I think they're guilty, I can represent you.

(chuckling): Well, that's damn decent of you.

A real vote of confidence.

Why do I get the feeling that Derrick Bond put you up to this?

Well, he did, but I would have turned him down if I didn't believe it.

You come back with Derrick as your lawyer, and we will not have a problem.

You have my word on that.

(sighs)

I'll come back.

But I don't want Derrick as my attorney.

I want you.

Me?

(laughs) No.

You've been more up-front with me in the past 25 minutes than any attorney I've dealt with.

And I like the fact you won't betray your convictions.

Think about it.

(door opens)

(door closes)

(gavel banging)

(clears throat)

In the matter of The United States v. Specialist Randall Simmons, on the charge of m*rder under Section 118 of the Uniform Code of Military Justice, we the panel find the defendant... not guilty.

Thank you.

Dad, I'm free.

CARY: Hey, Alicia.

Congratulations.

He didn't do it, Cary.

Captain Gauthier went AWOL.

There's your suspect.

You know, your client, now that he's been found not guilty, it frees him up to serve out his commitment.

His...

His tour of duty.

They're deploying him to Afghanistan.

Yes?

You wanted me to look into Bond and Will, see if there was any previous connection.

Oh, yes. Don't worry about it.

It's just the old boy's network reasserting itself, that's all.

So you don't want to know what I found out?