Flash forward to the courtroom, where Kate and Duncan wait while the DA has some sort of urgently whispered conversation with a couple of her ADAs, I suppose. "Are the people ready to proceed?" asks the unimpressed judge. Dunbrook asks to approach the bench, so she and Duncan do so, and she says her witness, Kate's mom, can't testify due to medical reasons. The judge asks how much time she needs, and she doesn't know, and he gives her until...the end of lunch. Wow. No sympathy from Judge Lazer Thong. The lawyers walk back to their tables, with Dunbrook telling Duncan that they need to talk.
In the same room where Kate met with her mom, Dunbrook bitches, "My key witness spoke to her daughter last night, and now she's got cold feet." So you did know about it. First day on the job, Dunbrook? You hoped maybe Kate's mama was going to wring a confession out of Kate? Anyway, she offers four years in prison. Duncan looks at Kate, who shakes her head. "No jail time," he says, because Kate is, after all, a "worldwide hero," whatever that is, who saved five people from a plane crash and who almost starved to death on a deserted island. "And after all that, you put her on trial for rescuing her mother from an abusive husband," he says. Well, "rescuing" is gilding it a little, but Dunbrook knows she's beaten. She offers "time served" as well as ten years' probation: Kate can't leave the state. Duncan starts to argue, but Kate interrupts him to agree: whatever Dunbrook wants her to sign, she'll do it. She just wants it to be over. "I have a child. I'm not going anywhere," she says. Ain't that the truth. Try getting out to go to a movie, let alone cross state lines.
Kate strolls towards a waiting taxi in the courthouse's underground parking garage. The way it was just sitting there made me think the driver was going to turn out to be Ben or something. What does happen is Jack gets out of his vehicle and walks towards her. She seems happy to see him, and he explains that her lawyer gave him a "heads-up" since he owed Jack one. Yeah, for suborning perjury, apparently. Kate thanks him for that, and he shrugs it off.
He says he came to tell her that what he said, he didn't mean. Instead of telling him, "It couldn't have been more written all over your face if you'd been the first to pass out at an off-campus kegger," Kate smiles and asks if he wants to follow her back to her place. Since she's in a cab, the logical choice would be for Jack to drive her, but he's actually not so elated at the invitation. "I actually have to get over to the hospital," he says, but adds that maybe they can get together sometime for coffee. She smiles at him, and says she knows why he doesn't want to see the baby. "But until you do, until you want to? There's no you and me going for coffee." But if at any time he changes his mind, he should come and see them. Jack says okay, and the insincerity of that makes Kate frown.