Connie vs. Cutter

S18E16

The coroner thinks that Matthews is telling the truth, though, since the height of the bruises on Frank's legs show that he was probably hit by a truck or SUV. He's also got automotive grease and sand in his wounds. Lupo asks what kind of sand and the doc stares at him blankly and replies, "SAND-sand." Sadly, she doesn't leave it at that and instead tells him that she'll find out. And I just had to erase the snide comment I made about Lupo's insane sand knowledge, since he announces to Bernard that in the Middle East there are more than thirty-one varieties of the stuff. Has sex with his socks on and excels at sand trivia, ladies! He's one of a kind.

Bernard gets a call that Mrs. Dresner has arrived. She cries and tells them that he was really fired up about the strike, saying that Frank didn't want to go on strike but that what the city was doing was unfair. Bernard assures her he won't argue with that. And with that I officially declare that I'm not bothering to type any more strike specifics because I think we've all had more than enough of that so far this year. Frank had sent his wife a picture of himself earlier with a note bragging that he was a one-man picket line.

Bernard is now filling in Anita on the details. (This is hard to get used to. I miss Green.) Turns out the skid marks were from after Frank was hit, and that whoever did hit him didn't apply the brakes beforehand. Lupo comes up with a report on the sand, describing it as clean and coarse. Bernard pipes up with, "Golf course sand!" Are sand classes part of police training now? Bernard reveals himself to be a golf geek -- something that endears him to me, I must admit -- when he corrects Lupo's misuse of "trap" to "bunker." Lupo looks at him like he's crazy, but I say people who know thirty-one different kinds of sand shouldn't throw golf balls. In the ridiculous TV "moment" of the night, Anita guesses that they should set their sights on tracking down the kind of truck that spends time at golf courses. A groundskeeper, perhaps? It just so happens there's also a pickup in the picture Frank sent.

Lupo gripes about the strikers as they review the video, prompting Bernard to pontificate about the wonder and good of unions, as illustrated with a soda can and a muffin. They catch the truck on an area security camera, which leads them to Suffolk County Parks Golf. They talk to a guy there who admits it could have been one of his trucks, but hasn't seen one with any damage. He doesn't seem too concerned -- their cover story is that the truck they're looking for hit a parked car and not actually flesh and bone -- and lets them have a look around. While they do, Bernard informs Lupo that they are called greens-keepers -- not groundsmen --in golf. Lupo now knows more useless golf trivia than he knows what to do with. Bernard leaves him to go make faux-chummy conversation with a couple of the greens-keepers. After some friendly golf chat, he turns and grabs Lupo to go back to the office, where he pulls up a file on a guy named Ted Sanderson, one of the guys he was chatting up. Seems Ted served 9 years in prison for killing his wife before DNA evidence cleared him.

Lupo and Bernard tell Anita about the case, pointing out that Frank was killed outside the courthouse where Ted had been tried, and that he drives a truck like the one in question. She gives them the okay to talk to him some more but orders them to be very careful so that they don't look like they are harassing him about his exoneration.

They go to see Ted at his house, but rather than being hostile at seeing two cops, he's docile and compliant. They assure him that they just want to inspect his truck like they are all the others and that they know about his "bad break," as Lupo calls it. I'd say a bad break is more along the lines of your car getting hit and your insurance company screwing up your payment, not spending 9 years in prison for a murder you didn't commit. Bernard notes that someone seems to have tried to hammer out a dent in the bumper, and that the undercarriage has been steam cleaned. Ted just says that the boss likes them kept clean, and that he got it with the dent. He then tells them pleadingly that this is the best job he's had since he was free and he doesn't want to lose it. He seems sweet and kind of sad, which I'm sure means that they'll figure out he's the killer. They ask him his whereabouts the morning Frank was killed and after a few stories that don't quite match up, Bernard holds up a nail that he says he found sticking out of Ted's tire. When he says it's the same kind that the picketers threw in the street, Ted admits that he was at the courthouse. Lupo leads him to the car while Bernard calls a tow truck, and before they get in he chastises Bernard for taking out the nail. I get the idea he really wanted a chance to get a little dig in, but it backfires when Bernard tells him the nail was one of the ones out of the BMW and didn't actually come from Ted's tire, calling it, "a handy lie detector." Quick, someone hand Tom Cruise a nail and ask about the validity of his marriage!

Lupo and Frank are looking at a map, noting that Ted's story about taking a wrong turn is falling apart at the seams. When Bernard comes in, Ted asks if he can leaves, and a classic good cop/bad cop situation ensues, with Lupo playing good cop. Meanwhile, Bernard implies that maybe Frank did kill his wife, bringing up the fact that there was evidence she was having an affair. Frank insists she had ended it and that they were reconciling at the time of her death, and Lupo commiserates a bit but toughens up when he points out that Ted had a .38 in his truck. Frank claims it was for protection because he was continually hounded when he got out of jail, but Lupo suggests that his plan was to shoot up the courthouse. He then guesses that Frank recognized Ted, so Ted ran him over. This is the last straw: Ted snaps and yells that he didn't kill anyone -- his wife or Frank -- and that they're trying to put him away for something he didn't do once again. His face contorts as he yells at them to leave him alone. Bernard shrugs and walks out, Lupo behind him.

Outside, Bernard tells Anita that he thinks Frank stopped a bloodbath at the courthouse, but Anita reins in that line of thinking and tells them to book him on the gun charge and get a warrant for his house. She also has them talk to the jurors that convicted him ten years before to see if anyone had gotten any threats.

They visit the Judge Valdera, who originally convicted Ted but who is now recommending a full pardon. She explains to them that the evidence at the time was the most advanced possible, so Bernard again throws out the theory that perhaps the verdict was correct after all. But Valdera explains that the DNA test of the skin under his wife's fingernails found a marker for Cystic Fibrosis, which neither Ted nor his wife had. They tell her that for now they'll arraign him on the gun charge, which she tells them she thinks it isn't fair given that arraignments are days behind because of the strike. The boys maintain that after nine years in the slammer, a few days in central booking will be nothing. Bernard's attitude finally ticks her off, and she warns him that this is starting to seem like harassment and she's going to recommend he be released R.O.R. (Whatever that stands for.)

The search of Ted's house turns up nothing and it seems that the shooting-up-the-courthouse theory has no substance. But Bernard won't let it go, and maintains that he was probably guilty. Lupo gets fed up and tells him that sometimes the system doesn't work, but Bernard will only ominously reply, "Right. And sometimes people get away with murder." He's really all about the dramatic one-liners. Just then, Ted comes up, shoulders hunched, and asks if he can go back inside. Lupo tells him they're done but once Ted shuffles inside, he tells Bernard that his target might have been outside the courthouse after all. Seriously, I have no idea where that leap just came from. The Plot Fairy strikes again?

Mrs. Dresner assures Lupo and Bernard that Frank would have bragged if he recognized Ted, and that he didn't mention anything so she's sure he didn't see him. As she talks, she hauls some boxes around, clearly cleaning out Frank's things. Lupo seems kind of surprised and asks about their relationship, to which she replies that Frank liked things his way. Lupo notices the inhaler and asks if Frank had asthma, and she explains that the doctors didn't know what it was but that he had breathing problems that forced him to stop his swimming and scuba diving. He apparently also started having digestive problems about a year ago. He was supposed to have more tests the following month.

Anyone want to guess what pulmonary and intestinal problems can be symptoms of? I'll give you a hint: The initials are C.F. It seems Julie Sanderson, Ted's murdered wife, was a regular at the same pool where Frank swam. Bernard reminds everyone that she had an affair, and wonders if it was with Frank.

Suddenly we cut to Connie, who announces to Cutter and Jack that it was Frank's DNA under Julie's fingernails, proving that she struggled with him before she was killed. Jack wonders why, if Ted thought Frank killed Julie, he wouldn't just kill the police. Cutter thinks maybe he only suspected Frank of being her lover. Either way, he points out, they have motive. Connie prepares the arrest warrant while Jack calls the governor to hold off on pardoning Ted. Lupo and Bernard arrest Ted at the golf course. I can't tell if his character is supposed to have some weirdly calm affect or if this guy is just a really bad actor. Either way, his protests are half-hearted at best.

I have no idea if what comes would really ever happen in a court of law: Ted can't afford a lawyer and Legal Aid handled his appeal. The courtroom is in chaos, with people running around with files and murmuring nervously. When they try to send Ted back someone says they are too backed up. The judge decides then to send Connie "across the aisle" to handle Ted's arraignment. Cutter wonders if that's admissible but the judge claims that if Ted's okay with it, it is. And Ted doesn't want to go back to holding, so there we go. Grudge match: Connie versus Cutter! She outdoes Cutter to get Ted released on bail. Ted starts telling her he's innocent but she cuts him off to say she was only there to get him processed, and that another lawyer will be assigned to him.

Jack admires Connie getting Ted $100,000 bail and Cutter's ego is clearly bruised. Connie then happily tells Jack that their case is pretty solid. Cue the phone call alerting them that Ted has filed a motion involving her. In the courthouse, Ted somehow found a case stipulating that, in layman's terms, Connie is his lawyer unless or until he fires her. Cutter tries to argue that she was privy to information the defense wouldn't have but insists it's not true, and the judge grants the motion. Connie tells Cutter she didn't want him perjuring himself on her account, which works more to cut off his berating her for saying anything.

Ted assures Connie he is innocent and she tells him that she doesn't need to know that, she just needs him not to lie. She then asks him what he knows about Frank Dresner, and when he's silent she points out that lying includes withholding information. Ted admits that he knew Frank had an affair with Julie. Julie wouldn't reveal who her lover was, but Ted finally pieced it together. Ted then did some research on him. What he didn't know was that Frank had CF, and he expresses his surprise that Frank could've killed her. He claims he was at the courthouse just to see who Frank was, not to kill him. Then he claims that he also followed Frank on a different day and mentions the nail that Bernard found in his tire. Connie doesn't pick up on it and just points out that since Ted gave a sworn statement that he was there, it's a problem. He explains the truck repairs away by telling her he hit a dog on his way home from the bar but didn't report it. Ted leaves after telling Connie thanks and that he knows she'll do all he can for him. Once he's gone she just shakes her head and angrily whispers, "A dog." To confirm his story, she goes out to the highway in dark clothes with a flashlight and finds that there are dog remains right where Ted said they would be.

In the judge's quarters, Connie and Cutter argue about the nail, with Connie threatening that the plant is enough for suppression of Ted's statement that he was at the courthouse the day Frank was killed. Cutter counters that police are allowed to say they have a suspect's prints or the like. In then end, though, Connie, manages to work it so that the actual planting of the nail means it could have been submitted as evidence. Lupo and Bernard look on all the while, affecting dopey and indignant expressions, respectively. The judge finally cuts them off and grants Connie that the statement will be suppressed. Watch out, Cutter -- it turns out she might have become an even better attorney than you while she was helping you out with all those cases.

Outside, Bernard and Lupo take shots at her and Cutter, surprisingly, tells her he'll talk to them since she'll have to work with them again. He's calm because, as he tells her, he doesn't think suppressing the motion will damage his case. She then presents him with the report of the dog remains, but he stays cool and cocky that he's right.

Connie goes to check out the security footage of the day Ted claims to have been at the courthouse. She finds nothing but realizes there's a bank nearby and heads over to see what they might have. The bank manager meets with her and when he hears what she's looking for, asks if she's a lawyer. Rather than admit she's a defense attorney, she slyly tells him she's with the DA's office and offers to show her badge. Oh, don't plant your own nail, Connie!

Cutter admits to Jack privately that she "eviscerated" his case, and Jack notes that she was trained well. Cutter notices that she got the bank footage before she had a subpoena to do so. They go back to arguing in front of the judge, and she has to admit she ID's herself as an Assistant DA. After some more back and forth, she finally pleads to the judge to sanction her but not her client. He's not happy about any of this, however, and orders that the tape be turned over to Cutter. He leans in and says to Connie, "It seems the paddle spanks both ways." She just walks off, letting him know he'll get the tape. He watches it with Lupo and Bernard, and all are keen to bury her. They conclude that Ted was stalking Frank and when they zoom in on Frank they see him using his inhaler. Between the three of them they decide that this means he could have figured out Frank had CF and therefore killed his wife. I think that maybe he could have reached a much more common conclusion -- that Frank has asthma, which is the very same conclusion Lupo jumped to earlier. But they just all congratulate themselves for their big, big brains.

In light of this discovery, Cutter offers Ted a plea. but Connie insists that the tape proves nothing. She points out that even if Ted could have read the label on the inhaler, the tape doesn't show that he knew Frank's medical history, and she adds that if Cutter tries to claim that she'll have the judge declare a mistrial. Cutter seems sure the jury will see his side, which still seems awfully short-sighted to me. Ted leans in and says, "You can't bully us." Connie admonishes him and asks for a moment. She then turns on Ted and asks when he was going to admit what he knew, and that the second she saw the tape she realized Ted did know about Frank. Seriously, is CF so common now that this is the obvious conclusion? I'm not buying it, but hey, I'm just the Weecapper. Ted pleads that he can't go back to jail and then sits down to tell Connie the supposed truth, for reals this time.

Ah, and here's the answer to my confusion. Ted tells her that after he knew Julie's killer had CF, he studied the disease, and then when he saw Frank use the inhaler he knew that Frank had it, and he was the killer who had taken his wife and the nine years of his life spent in jail. When he saw Frank alone in the street he couldn't help himself, and he ran him over. He'd found a dead dog near the golf course so he drove it out and planted it as part of his story, asserting, "I didn't kill a dog. I'm not that kind of person, Miss Rubirosa." Just the kind who mows people down. He then tells her he won't make it in prison again. She walks out and tells Cutter there's no deal, that he deserves a defense and she's making sure that this time he gets one. Man, tell Connie the truth and she'll really do anything for you.

Back at the office a lucky extra asks Connie what it's like working for the "dark side." Jack hears and asks if that's how everyone sees it, as "us versus them." Then he gives a stirring speech about how she's just representing her client to the best of her abilities like they all do. He adds that if he hears any more, they'll be working traffic court. Connie manages a wan smile.

Bernard is testifying that he and Lupo took pictures from where Ted had been watching Frank and they show that he had a clear view of everyone and could get a huge amount of detail. Connie asks him what kind of lenses they use; Cutter objects but is overruled. Bernard first answers that he doesn't know different types of lenses, then testifies that he knows what a telephoto lens is, so Connie points out that he can answer if one was used or not to take the pictures on display. Eventually, she tricks him into fessing up to nail planting incident, concluding that he uses "tricks" when it suits him, and pointing out that a telephoto lens could have been used as well to make these pictures look more compelling. Bernard finally cracks and yells that they should look at the video, and that Ted knew that Frank had CF from seeing the inhaler. Connie immediately turns and calls for a mistrial. The judge pulls them into his chambers.

Connie argues that Bernard gave his opinion about what Ted knew, which might as well have been him calling Ted guilty, and that violated rules of evidence. Cutter argues that she asked a question and he answered; Connie says he answered with an opinion and there's no way to cross-examine that. The judge agrees but doesn't want to declare a mistrial, conceding that instead he'll strike Bernard's testimony. For the first time, Connie argues something that's always driven me completely crazy about law in general -- she points out that even if they do that, each time the jury sees the video they will remember what he yelled and the video should be suppressed. Seriously, no matter what the rules, people can't un-hear something, and I've always found instructions to disregard a certain piece of testimony to be somewhat of a joke. The judge tells them he will give his decision about the video tomorrow.

Connie gives Ted the rundown and says if the video isn't allowed then Cutter will probably offer a plea, and given the time already served there's a chance it would just be probation. Ted is elated and talks about getting away to a beach in Belize, telling her about some amazing coral there. This clearly rings a bell and her jaw clenches. Ted thanks her for keeping her word, and she just leaves and goes back to work looking up diving information. She also reads over the report that Frank did not have asthma but that doctors didn't know what he had. She prints out some info from a website and learns that Ted and Frank were diving buddies. And that Ted used to have really bad hair.

That night, Jack comes by and tells Connie she whooped Cutter that day, adding that it was at the expense of Bernard and his inexperience as an expert witness. When she says nothing he finally apologizes for interrupting her train of thought. He wishes her luck the day but she catches him and asks what you do if you know something horrible that you don't want to know and you can't tell anyone. He guesses that this something is protected by attorney-client privilege. Well come on, he can guess that this means Ted confessed. He looks at the desk where Ted's and Frank's diving certifications are sitting and she makes a bit of a show of then covering them with a book. He tells her that when the case is over, the governor will sign Ted's pardon, and asks if that is a problem for her. She says nothing and he tells her he thinks that's an answer. She replies that she doesn't know what to do. He tells her that all lawyers go to their graves with terrible secrets. His advice to her is to "follow the law."

The morning in his chambers, the judge somewhat grudgingly denies Connie's motion to dismiss the video. Cutter tells her that even so, her cross-examination of Bernard hurt his case and his offer to plea to vehicular homicide still stands, but only until that afternoon.

Ted wants to fight it, but Connie tells him to take it, much to his surprise. She tells him that eight more years plus the nine he already served isn't bad for two murders. He's confused so she lays out her theory: Julie had an affair with someone that wasn't Frank, and when Ted found out he called his diving buddy Frank to kill his wife. But then he was convicted for it, and once the conviction was overturned, he talked to Frank and found out he was supposed to be tested for CF. They could then probably piece things together and Ted would go back to prison, so instead he killed him. She tells him that this theory will remain just between the two of them, but Ted asks if she believes it. He can't believe that she wants him to take a deal and go back to jail. He jumps to the conclusion that if they go back to trial she'll blow the case, and tells her he knows how "you people" work. She informs him he has no idea what she thinks, and she'll do her job and defend him as she's sworn to do. She then tells him he can take the plea or leave it up to the jury, and he knows how that can go.

Cutter tells Jack that he took the plea, and Jack says he's sure Connie convinced him it was the best option. Connie then confirms this to Jack, who asks, if she would have recommended he take the plea if she hadn't known this horrible thing. She tells him she'd like to think so and that she zealously represented his interests. Jack tells her he knows that she did. She then gets ready to leave, telling Jack she's taking Bernard for a beer. Just before she goes, they see a headline that the strike is over. Nice and tidy.