Client Room. Rod and Bobby are de-briefing D'Ambrosio. He doesn't want to have to admit he did cash business with Tucker. Bobby thinks it's more important that he not get convicted of murder than that he's hounded by the IRS. If D'Ambrosio doesn't testify, the jury will assume he's hiding something. D'Ambrosio screams, "I got nothing to hide. I do business just like they do up on Beacon Hill, only they don't charge them with murder." Can't he take the Fifth on the tax stuff? The Lump is trying to get back into D'Ambrosio's good graces. Nope. Rod points out that his whole testimony could be struck that way. D'Ambrosio steps forward and screams, "If you had crossed Tucker better, I wouldn't have to testify." Damn. D'Ambrosio's played both ends against the middle, and now he's started all over again. Rod yells that he's out of line. D'Ambrosio shouts back that he's paying for performance, not excuses. Then he turns to Jimmy and says, "I'm putting you back in charge."
Back in the land of the District Attorney, Helen comes into the room where Walsh is sitting. She closes the door and tells him that D'Ambrosio is going to testify. Walsh thinks this is a good idea. Helen isn't sure it's a good thing; maybe it means that D'Ambrosio's got a good story to tell. Walsh thinks they've got a strong case. Helen says Tucker didn't do so well, seeing as he "looked like something that just crawled out of the toilet." The two of them butt heads again. Walsh "can't afford" Helen's internal debates. Blah they've been losing too much, blah they need to win, blah she's got to get D'Ambrosio blah. Either she's in or she's out.
Suffering County Courthouse Where D'Ambrosio Meets His Pain Maker. Blah, he's been in business a long time, blah stayed in Boston, blah good citizen blah. D'Ambrosio: "The people in my business are like family, and I would never hurt my family." Right. There's no inference intended. No double entendre. No hidden meaning. Yawn. D'Ambrosio explains his relationship to Tucker. They did do business for several years, but he never hired Tucker to burn down the factory. Jimmy has nothing further.
Helen's cross. She brings up the fact that there is no record of any business between the two men. D'Ambrosio sighs. It was done that way "to avoid the taxes." Helen brings up some obscure point, something we've never heard before, and accuses D'Ambrosio of chemical dumping. Jimmy rightfully objects. She tells the judge that the EPA was investigating D'Ambrosio. Good grief. Doesn't he have enough on his plate? D'Ambrosio responds, "I'm an American businessman. I'm used to being over-regulated. I wouldn't burn my business because of it." Helen steps forward and says, "Business for you was bad." Blah business cycles, blah up blah down blah. There were operating losses for six straight quarters. Blah yes times were tough, blah no crime blah. Helen asks when was the last time he and Tucker met. D'Ambrosio doesn't remember. Helen: "If we have a witness who says he saw you with him on the Commons one week before the fire, would that refresh your recollection." Quietly, D'Ambrosio says, "No. It wouldn't." Jimmy objects. Helen withdraws the question, but before she steps back to her desk, she takes a good long look at Walsh. I'll bet she's thinking, "Was that hard enough for you?"