Credits. Please, take a moment and mourn the complete passing of Hunky D.A. with me. I promise I'll stop mentioning him by the beginning of next season.
The Firm. Rebecca hangs up the phone and tells Eugene, "We've got a problem." Apparently, Walsh just filed a last-minute motion. He wants an unavailable witness instruction given to the jury. Eugene questions, "Who's the unavailable witness?" Rebecca states, "Bobby."
The Courtroom Of Walsh's Piss-Ass Pain. Walsh and Eugene appear before the judge. The D.A. thinks that it's Bobby's right to testify, but if he doesn't, the jury should know that it's not the prosecution's fault that they can't provide a witness to the crime. Eugene argues that Walsh is trying to "wave a flag" in front of the jury. It will send the message that Bobby must be hiding something if he doesn't testify. Judge West asks, "What's your proposed instruction, Mr. Walsh?" Kenny puts on his reading glasses and ruffles his papers. He reads, "Mr. Donnell was present during the shooting. The defense, but not the prosecution, could have called Mr. Donnell as a witness." Pause. "They did not do so. You may infer that had Mr. Donnell been called, he would have given testimony unfavourable to Ms. Dole." Eugene erupts, "That is outrageous." Well, he's right. It totally is. The case, the show, and everything about the "shocking" season finale are also outrageous. Eugene argues spousal privilege. Then he shouts something about Walsh bringing the motion for the press and not necessarily for the advance of justice and fair play. Walsh snarks back something about how if wanted to go to the media, he would have gone "right to the morning news shows like you people." The judge puts up his hands and calls, "All right." Pause. "Mr. Young. Bobby Donnell is on your witness list. If you plan to call him, this motion is moot." Eugene resists, "We shouldn't have to call our hand now. It's our right to call him. It's our right not to." The prosecution insists that the defense is not the only one with "rights." Blah Bobby only witness, blah in the room, blah doesn't want to testify, blah jury, blah punish the Commonwealth, blah unavailability blah. Does this make sense to anyone? Walsh wants to instruct the jury to think that Bobby is hiding something, despite the whole spousal privilege issue? Can this kind of useless motion actually happen in real life? Is it not the Commonwealth's responsibility to make or break their case? Oh, how many ways can DEK drag this damn thing out? Bang the gavel and conclude she's guilty already. Spare me the sixteen pages it's going to take to explain it all. The judge denies the motion; he adjourns the court until 1 PM, when the trial will begin. Then he tells the two of them to leave their "nonsense" at the door.
Mark Steines from Entertainment Tonight is playing a fake reporter named Jeffrey Rothberg. Why all the cameos? Is DEK afraid his pen is too weak without stunt casting? Any. Way. In his "newscaster" voice, Mark reports that "both sides are due to open today," then goes on to state that the prosecution will call its first witness tomorrow. Oddly, it doesn't feel like June.