Suffering County Courthouse. Rod, Jimmy, and D'Ambrosio sit for the D-Fence. Helen and Walsh sit for the prosecution. Helen and Bobby are up at bat. Judge Kimball presides. Bobby is arguing. His hands are flying from one side of his body to the other. Like he's doing the conga-line dance from the end of Stanley Tucci's The Imposters. What a funny film. Right. So, Rod argues that D-Fence had planned all along to give a joint defense. Except now they can't, because Tucker The Firestarter decided to plead guilty. Helen: "Which is his right." Rod snaps, "The D.A. engineered it so the plea would come on the eve of the trial!" He points his finger, just to be sure everyone knows he's the one making the argument. Helen rebuts, "Mr. Tucker initiated that deal, not us." Bobby says smugly, "Come on." Helen insists that it's true; Tucker called Walsh first. Rod blathers on about his client needing time to prepare a new defense. Only we've got just an hour, so you know the judge is going to go ahead with the trial. Judge Kimball: "Mr. Donnell, your complaint is with Mr. Tucker, not the D.A. If he broke his word to you -- sue him. I can't keep the D.A. from making deals, they can make them whenever with whomever they'd like. I can't help you."
But wait! Jimmy has an idea. And no, from the look on Rod's face, it doesn't seem that the Lump informed Bobby of his thinking in advance. Jimmy wants the court to consider dismissing the indictment for "vindictive prosecution." Judge Kimball says, "Excuse me?" Jimmy posits that the prosecution "targeted our client because he's Italian-American." The peanut gallery trumps, "He's right about that." Rod turns around and whisper-talks, "Jimmy, what are you doing?" He's grasping at straws. That's what he's doing. "We would like time to conduct discovery into the issue." The judge asks if they have any evidence to suggest that this happened. Jimmy argues that most arson cases involving organized crime have involved Italian-Americans. There are no statistics. He offers no case law. Essentially, he's pulling this argument out of his asshole. One minute, D'Ambrosio is complaining about being unfairly treated because he's an Italian-American; the next, Jimmy's up there in open court inflaming the situation. The word "idiot" comes to mind. The judge gives Jimmy's generalization the stink-eye. Jimmy: "Why else would a respected businessman be on trial?" That's the only thing Jimmy could think of? Helen whines, "Because he collected a huge insurance settlement after his business was burned down." Jimmy: "Allegedly. The fire was an accident." The judge decides that if that is the case, if in fact D'Ambrosio is innocent, the jury will acquit him. Then he slams the gavel, shutting down Jimmy's thinly veiled attempt to save face with their client and get the D-Fence more time.