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S02.E05: The Perils Of The Plea (1)


greekmom

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I saw that this was part 1, so, pretty likely that Leon will get his Hallmark ending after the new assistant found the Not Guilty paper.  I have to say, though, he bears some responsibility for his conviction, because his insistence on 'telling my story' is what led to the cross examination skewering.  If he had listened to his attorney (pay attention, kids!), his defense would have been strong enough to rest the case.

What was with the 'Free Leon' masks in the courtroom?  Lola blundered in not removing those people immediately.  I remember that, during the OJ Simpson case, Marcia Clark was admonished by Judge Ito for wearing two small crosses on her lapel.  Here we have people virtually shouting at the jury.

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I think the Leon story is done. I just don't see how they can go back from that. Granted, I don't know what else would be a "To Be Continued..." about the episode considering Mark's cop story has been going on all season without a "TBD" tag so who knows?

Emily has to be heading for a fall, right?  But then I thought she would have learned when she hurt her client so it'd be a mistake to think she has learned because she has hurt her friend.

What were they implying about "distractions" when Mark, Lola, Amy and Rachel were talking?  It was something about distractions but I don't know that they specified what those distractions were.  I've long suspected Mark and Rachel had a little something something but that has never been confirmed. 

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Lola's mom gets on my last nerve--as she's supposed to.  Her character is written that way as a strident crusader constantly agitating and annoying others.  However I am confused.  If she's a victim's rights advocate, then why was she helping the defendant's family?  Yes, his family is a victim of the incident too because he's been arrested and thus not available and providing for them, but it seemed weird.  I though it was interesting to put her in a scene with Emily helping the same family, so we the viewers and Emily herself can see the parallels.  (I still wonder where all the money comes from for Emily to be buying all that stuff for her clients and her client's families...) 

Does Roxy sit in Judge Benner's or Judge Campbell's courtrooms and offer such commentary from the gallery to them?  Or does she only do it in her daughter's courtroom thinking she can get away with it?  Or...because the COVID rules with fewer people in the room due to social distancing meant that she was far more visible and audible than usual?  Either way it seems she'd have been censured before and thus better able to keep a sock in it.  I did crack up at Sherri eagerly passing the Roxy hot potato on to the new girl to deal with.  I think Roxy only complied because she thinks the new girl might be someone she can manipulate later.   I'm callin' it.

I also liked the needed confrontation scene between Sara and Emily, as well as the awkward interactions at the Christmas party.  Emily these days is just down for her own shit, and she ain't got time for anybody else's narrative.  I'm deeply suspicious of Milk Eyes too, I think he's not what he seems and he's using Lawyer Bae for some nefarious purpose.

If Sam's cop family doesn't end up getting embroiled in this dirty cop story line I'll be very, very surprised.

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Luke is not as into Sam as she is into him. But they're not really giving him much to do except stare into the distance and generally be a cipher. I wonder if the writers think that equal suspense, or if they just don't even know what his motivations are. I did think he deliberately intervened to get that police union rep dude out of the office before he could provoke a direct confrontation. Once again, Luke as the rescuer.

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I think Luke learned a lot during his time as a "fly on the wall" bailiff.  I think he's seen a lot come and go, and observed a lot of "court intrigue" from his perch.  I wish they could give him more to do other than "besotted swain" or "conflicted idealistic young lawyer."  I think he has all the ingredients to become a finely nuanced character.  If the writers choose to write him that way.  I particularly like the idea of him looking to Lola as his role model to emulate.  A young black man choosing to model his life and career after the success of a black woman.  I like that the gender switch seems organic, which is a byproduct of Lola's larger-than-life personality.

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All right, show -- either set yourself in a post-COVID19 timeline (a la The Good Doctor), or fercryinoutloud wear your masks/face shields properly!  On again, off again, take 'em off to talk to someone?  Just stop it, already!

And WHY in the name of all us health care workers were they allowed to have a holiday party in the middle of a pandemic?  Yeesh, we're not even allowed to eat lunch together.

ETA:

Quote

I saw that this was part 1, so, pretty likely that Leon will get his Hallmark ending after the new assistant found the Not Guilty paper. 

Doesn't matter.  He took the plea; even if he learns what the jury's verdict was (which he should NOT), he can't have a do-over.

Edited by The Wild Sow
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8 hours ago, Irlandesa said:

Emily has to be heading for a fall, right?  But then I thought she would have learned when she hurt her client so it'd be a mistake to think she has learned because she has hurt her friend.

What were they implying about "distractions" when Mark, Lola, Amy and Rachel were talking?  It was something about distractions but I don't know that they specified what those distractions were.  I've long suspected Mark and Rachel had a little something something but that has never been confirmed. 

Yeah, I wasn't sure if they were intentionally writing her as unlikeable before now. But after the fight with Sara where she got mad for no reason, combined with all the other stuff, I think they have something in mind where all this is leading.

I think with Mark, they were implying he and Rachel once hooked up. They definitely did not spell it out, but what else could they have meant?

6 hours ago, illdoc said:

"First jury trial in the COVID era"---have we ever seen Lola have a jury trial in the non-COVID era???? 

Didn't she do it in almost every episode last season?

2 hours ago, The Wild Sow said:

And WHY in the name of all us health care workers were they allowed to have a holiday party in the middle of a pandemic?  Yeesh, we're not even allowed to eat lunch together.

They had a line about how everyone had a rapid Covid test before they were allowed in. But that seems like a waste of tests to me. You don't NEED a holiday party.

But obviously, the real answer is for storyline purposes.

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7 hours ago, illdoc said:

"First jury trial in the COVID era"---have we ever seen Lola have a jury trial in the non-COVID era???? 

Once in that episode where she lets the jury go on a field trip to the crime scene and it turns into a disaster with an active shooter. 

1 hour ago, KaveDweller said:

Didn't she do it in almost every episode last season?

No, she usually has bench trials. 

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11 hours ago, KaveDweller said:

Yeah, I wasn't sure if they were intentionally writing her as unlikeable before now. But after the fight with Sara where she got mad for no reason, combined with all the other stuff, I think they have something in mind where all this is leading.

I think with Mark, they were implying he and Rachel once hooked up. They definitely did not spell it out, but what else could they have meant?

Didn't she do it in almost every episode last season?

They had a line about how everyone had a rapid Covid test before they were allowed in. But that seems like a waste of tests to me. You don't NEED a holiday party.

But obviously, the real answer is for storyline purposes.

So tired of Emily and her Crusader Rabbit stance.

 

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I don't think that Leon's plea can be reversed, I think what might happen is the new girl will take this whole thing public and try to start something over the supposedly bad advice he got from Emily and Lola when he could have gotten off completely if he had stuck to the original plan, even if taking the plea did seem like the best thing at the time. Is that where her being really unprofessional and constantly complaining about the system and going on about her personal views and how that should influence the courtroom instead of the actual laws has been going? Of course its TV, so maybe Leon will get a Christmas miracle? 

Roxie means well, but she can really get on my nerves, especially in her interactions with Lola. She always seems to be judging her or disrespecting her job as a judge, despite how important the work she is doing is and how impressive becoming a judge is, and that was especially evident here. Is it normal for her to sit in courtrooms during trails and run her own commentary from the peanut gallery, or is that just something she does with her daughter because she thinks she can get away with it? Does she want to make her own daughter toss her out of the room because she cant keep her "hrrmmmmm's" to herself? I did like her last scene with Lola at least. 

Lola and Mark banter is still always my favorite part of the show, especially near the end where they talk about their day and whatever has been bothering them. 

Sam's cop family is totally going to come into play with this cover up Mark is trying to unravel, it was even in the Previously On segment. Poor Sam got hit hard by that "your such a good friend" from Luke, it seems like she is starting to want this to become a real relationship, while Luke is still looking at this as a casual thing, and probably still holding a torch for Emily. Which is too bad because I like Sam with Luke way more than I liked Luke with Emily. 

Speaking of Emily, that fight between Emily and Sara has been building since the start of the season, it seemed like there was a weird energy between them since her grandparents store got looted, and this week it finally came to the surface. Emily absolutely jumped down her throat so hard I thought Sara might choke, she got right on the defensive and not only showed no empathy for what Sara's family is dealing with, their livelihood and family business being torn up and having to deal with serious financial problems, but accused Sara of not caring about people being killed in acts of police brutality, and making it even MORE personal by yelling at Sara about how she doesn't do enough to fight social injustice, I guess because Sara has never jumped on a table to yell about plea deals, backing up her whole office and probably screwing over several defendants who would have loved to take a fair deal so that Emily can feel better about herself, it was just a really terrible way for Emily to treat her friend. Making it even worse is that Sara wasn't actually trying to say anything against the protestors, and if Emily had just listened to her instead of yelling at her the second she mentioned her families store, she would have known she was just trying to tell a funny story about Sara misunderstanding her grandparents. A misunderstanding that was immediately cleared up because Sara took three seconds to listen to her grandparents instead of immediately screaming at them and accusing them of not caring about dead people. This is just so Emily, she cant hear anyone from way on top of her high horse, even as they try to explain themselves. I think she is heading for a fall, especially after this fight with Sara (and Sara is still clearly not over it at the holiday party) and if she finds out that her defendant could have been found not guilty. I am also not so sure about Milk Eyes, I think he is more into her Lawyer Bae internet fame then her, and he will cut her loose if she screws up in court and gets bad buzz over it. Like if the Not Guilty verdict gets out? She has been so insufferable this season, I am almost horribly looking forward to it. 

I think its been implied that Mark and Rachel hooked up in college before, and I think that it might come up soon. 

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On 12/15/2020 at 5:46 PM, The Wild Sow said:

All right, show -- either set yourself in a post-COVID19 timeline (a la The Good Doctor), or fercryinoutloud wear your masks/face shields properly!  On again, off again, take 'em off to talk to someone?  Just stop it, already!

And WHY in the name of all us health care workers were they allowed to have a holiday party in the middle of a pandemic?  Yeesh, we're not even allowed to eat lunch together.

Their use of masks has bothered me every episode. They wear them until they  get close to someone and then take them off. I assume it has to be so the viewers can understand the dialogue, but it's very distracting. I cringe every time someone takes off a mask to have a conversation.

And the party??? Not only was this monumentally stupid to include in the script, but frankly, the party scenes should have been edited out, or at the very least, included a disclaimer, given the current situation in California. NO ONE in LA is having an office party this year.

For the shows I've seen that are addressing COVID, I think they should have probably just not attempted it. I cannot even watch Grey's Anatomy as they try to pass off as entertainment disturbing and heartbreaking scenes that are actually playing out in hospitals across America. \rant

I used to like the character of Emily, but she's really annoying this season. Unless I missed it, we the audience were not provided an actual explanation of why she and Luke are no longer together. I don't care for Sam and think she and Luke have no chemistry. Milk Eyes is leading her down a strange path if she thinks its appropriate to wear an ugly Christmas sweater to a dressy party (party inappropriateness notwithstanding). 

So pieces of paper containing jury verdicts are just left lying around? 

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50 minutes ago, possibilities said:

Could the case be vacated or appealed if Emily falls on her sword and lets him claim ineffective counsel?

All season she's been against plea  bargains, and the one time she okays it, it screws her client out of a total exoneration.

Usually when someone pleas guilty they give up their right to an appeal, but it is TV, so who knows.

I actually think Lola could be the one who gets blamed. She basically forced the DA to re-offer her deal, then talked the defendant into taking it. Do judges normally do that?

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When You May Withdraw a Guilty Plea After Sentencing

After a defendant who has plead guilty has been sentenced, courts typically will not allow a withdrawal of the plea unless there was some kind of injustice involved, as is illustrated in the introduction. If made in a timely manner, courts generally will allow plea withdrawals after sentencing for the following conditions (this is not an exhaustive list):

Defendant was denied effective assistance of legal counsel, as guaranteed by law.

The plea was not entered by the defendant or anyone authorized to act on their behalf.

Plea was not made voluntarily, or was entered without knowledge of the charge or sentence.

Defendant did not receive the concessions agreed to in the plea deal.

Defendant entered a guilty plea under the judge-approved condition that it could be withdrawn if the court rejected the agreed-upon conditions of the plea.

Defendant entered a guilty as the result of promises or threats made off-the-record (assuming they can be proven).

https://criminal.findlaw.com/criminal-procedure/withdrawing-a-guilty-plea-after-sentencing.html

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Common Withdrawal Scenarios

There are various situations in which trial or appellate judges are generally supposed to allow defendants to withdraw their pleas. These include—but aren’t limited to—the following:

the defendant didn’t “intelligently” plead guilty, whether because of psychological challenges or the influence of drugs or alcohol

defense counsel failed to advise the defendant of crucial ramifications of the plea deal, such as mandatory deportation for an immigrant

the lawyer entered a guilty plea on the client’s behalf without the client’s consent

the defendant appears to have a viable chance at trial

the defendant was denied a constitutional right, such as the right to counsel

the judge participated too much in plea negotiations

the defendant entered the plea because of off-the-record promises or threats, and

new evidence of innocence surfaces (such as DNA analysis).

https://www.nolo.com/legal-encyclopedia/withdrawing-guilty-plea-criminal-case.html

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If he goes to the court and says he didn't want to plead guilty, but his lawyer pressured him to do it, and basically told him he had no choice? I wonder, though, if that would ever occur to him to do, especially if he doesn't know he would have been exonerated if he had waited for the jury's verdict.

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I was waiting for Emily and Sara’s fight to happen - all Emily talks about is herself. She has no interest in anyone’s life except her own. All her ranting and raving about the system is just her looking for attention and trying to make everything all about her. Just ugh. 

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