Anyway, in a judge's chambers that appears to be existing within SF's city hall, Bennett and Sweren argue over whether the DVD should be excluded from the case. The judge cuts through the bullshit by asking Sweren, "You pin your case on anonymously sourced video -- did you really imagine there wouldn't be a motion to exclude?" Meanwhile, the judge hasn't granted anything because she hasn't heard Bennett and Dowd's argument. She does so now. Dowd plays the DVD saying, "Evidence is only admissible if it's more reliable than prejudicial. And here it's not reliable because it's digital." The DVD plays and we see Turk aim and hit the water jug on the foul line again. However, this time, when Turk turns around to face the camera, he's wearing Sweren's face. Sweren complains that it's a stunt, something the judge agrees with, adding, "But it's a good one." The judge rules that without the author of the video, she can't allow it and grants Bennett and Dowd's motion to exclude.
Eli's case. The Chief Administrator of St. Vincent's hospital takes the stand and submits to Maggie's questioning. Of course, Maggie doesn't really know what she's doing and requires hand prompts from Eli to tell her what to do. We learn that the Chief Administrator gave Dr. Agon a glowing recommendation, calling his record "unassailable," and that Cypress Memorial heard nothing of the three deaths involving Dr. Agon because the anesthesiologist was cleared of all charges at St. Vincent's Morbidity and Mortality conference. Maggie asks for the transcripts to the M and M conference, but the lawyer for St. Vincent's reminds everyone that under Evidence Code 1157, peer review transcripts are inadmissible. Maggie then taunts the Chief Admin that three deaths in two months can't be anything other than unlucky, and the Chief Admin gets irritated that she's sullying Agon's reputation. "You mean, attacking his record?" Maggie clarifies, looking immensely proud of herself. "Yes!" the Chief Admin agrees. "Well, if I'm doing that, it's not exactly unassailable, is it?" Maggie asks, stumping the Chief Admin. This pleases Maggie greatly and she walks back to her seat barely able to keep her bra from bursting with pride. Eli looks quietly pleased. I don't get it.